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

Vol. 159 WASHINGTON, WEDNESDAY, FEBRUARY 13, 2013 No. 23 House of Representatives The House met at 10 a.m. and was He then said, in referring to the se- irrational policy, referred to as irra- called to order by the Speaker pro tem- quester: tional by its own leader, Mr. CANTOR, pore (Mr. COLLINS of Georgia). I think the American people . . . will have who said it was not the way we ought tremendous respect for what its House of f to do business. He’s right, but he’s Representatives led and what its Federal brought nothing to the floor to avoid DESIGNATION OF SPEAKER PRO Government was able to accomplish. it. TEMPORE A profound disagreement. I think the The sequester, though, was meant to The SPEAKER pro tempore laid be- gentleman from Kansas is profoundly be so undesirable an outcome that it fore the House the following commu- wrong. The sequester will have an ex- would force us to agree on a better ap- nication from the Speaker: traordinarily negative effect on this proach. It married the worst con- country, on its people, on its economy, sequences for both parties when it WASHINGTON, DC, and on its national security, and I February 13, 2013. came to spending cuts: indiscriminate might say on the confidence that the I hereby appoint the Honorable DOUG COL- cuts to the defense budget alongside LINS to act as Speaker pro tempore on this world at large has in the United States’ cuts to critical domestic programs. day. ability to pursue rational policy. In politics, often the key to com- JOHN A. BOEHNER, In the State of the Union address last promise is crafting a package that con- Speaker of the House of Representatives. night, Mr. Speaker, with regard to defi- tains something, some provision that f cits, the President said this: everyone can love, although everyone None of us will get 100 percent of what we will not love every provision. Here, MORNING-HOUR DEBATE want. But the alternative will cost us jobs, Congress took the opposite approach The SPEAKER pro tempore. Pursu- hurt our economy, and visit hardship on mil- lions of hardworking Americans. and included something everyone could ant to the order of the House of Janu- despise. He went on to say: ary 3, 2013, the Chair will now recog- A faction of the majority, which is nize Members from lists submitted by The greatest Nation on Earth cannot keep not a majority of this House by itself, conducting its business by drifting from one the majority and minority leaders for manufactured crisis to the next. has become so zealous in its drive to morning-hour debate. Every 30 days, every 60 days, every 90 pursue a spending-only approach that The Chair will alternate recognition days, a manufactured crisis, evidence it has embraced the sequester’s Draco- between the parties, with each party of a dysfunctional and willful Congress. nian cuts. Mr. POMPEO’s quote this limited to 1 hour and each Member He went on to say: morning affirms that assertion. other than the majority and minority They’ve used their clout within the Let’s agree right here, right now, to keep leaders and the minority whip limited the people’s Government open, pay our bills majority to hold Congress hostage to 5 minutes each, but in no event shall on time, and always uphold the full faith and from one manufactured crisis to the debate continue beyond 11:50 a.m. credit of the United States of America. next, and they nearly brought us to the f That seems to be reasonable policy. edge of default for a second time last We now have two and a half weeks year. There have been several reports SEQUESTRATION before the sequester takes effect, with in a number of news outlets that The SPEAKER pro tempore. The devastating consequences for our econ- Speaker BOEHNER promised their fac- Chair recognizes the gentleman from omy and national security, yet the tion that the topline for appropriations Maryland (Mr. HOYER) for 5 minutes. gentleman from Kansas welcomes that would not exceed the level it would be Mr. HOYER. Mr. Speaker, the Presi- policy. In fact, the Republican leader- after sequestration cuts, already adopt- dent spoke to us last night and he ship of this House has not put a single ing the premise that sequestration has talked to us about avoiding the seques- bill on the floor in this Congress that gone into effect. ter. I was at a political event being would have any impact on avoiding the It was further reported that while interviewed and a gentleman, Mr. sequester. the sequester levels would be kept, the POMPEO from Kansas, was with us as We now find ourselves facing yet an- cuts would be rearranged in order to well, and he spoke before I did. He other manufactured crisis. Instead of protect defense spending at the further talked about the sequester and he said: preventing it, as I’ve said, Republicans detriment to domestic parties, like It’s going to be a home run. We’re doing appear to be willing and enthusiasti- NIH, cancer research, heart research, what the American people ask the United cally welcoming the sequester. prostate cancer research, diabetes re- States House of Representatives to do in 2010 Mr. Speaker, every American ought search, all the other maladies that— when I came here. to take note of that enthusiasm for an Dr. BERA is sitting here shaking his

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 00:09 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A13FE7.000 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H458 CONGRESSIONAL RECORD — HOUSE February 13, 2013 head—afflict us in this country and NATIONAL CAREER AND Ms. JACKSON LEE. We had a his- around the world. TECHNICAL EDUCATION MONTH toric occasion last evening, but I rise By injecting additional partisanship The SPEAKER pro tempore. The to comment on a number of issues. I in this way, Republicans would be tak- Chair recognizes the gentleman from first want to acknowledge and pay trib- ing a further step away from com- Pennsylvania (Mr. THOMPSON) for 5 ute to a Texan who was buried yester- promise. We need compromise. Each of minutes. day in a tragic incident, Chris Kyle, a us in this body understands we rep- Mr. THOMPSON of Pennsylvania. Navy SEAL who had served this coun- resent a certain segment of society, Mr. Speaker, I rise today as cochair of try, loved this country, and came back but not everybody agrees with every- the bipartisan House Career and Tech- to his family and children and took as thing we believe. Therefore, if we are nical Education Caucus in order to rec- his cause to help serve troubled vet- to act on behalf of the country in a re- ognize February as National Career erans. As he was doing so, along with sponsible, effective fashion, it’s nec- and Technical Education Month. Ca- his friend, Chad, one of those troubled essary to compromise. reer and technical education programs veterans shot both him and his friend. Mr. Speaker, the sequester is real continue to evolve in order to ensure What a tragedy. I think it is impor- and is rapidly approaching. It is not a that workers are prepared to hold jobs tant to note the thousands who rational approach to deficit reduction. in high-wage, high-skill, and high-de- mourned him and the procession that Even Republican Leader CANTOR, as I mand career fields like engineering, in- took him to his burial ground yester- said, admitted on ‘‘Meet the Press’’ on formation technology, health care, and day and to say thank you for not only Sunday about the sequester, and I advanced manufacturing for the 21st serving this Nation, but coming home quote the Republican leader: century. to care about those suffering from I don’t want to live with the sequester. During this time of record-high un- post-traumatic stress disorder. Let me repeat that. employment, career and technical edu- That leads me to bring up this whole I do not want to live with the sequester. I cation programs provide a lifeline for question of sequester. In my own city want reductions in spending that make the underemployed who look to begin of Houston, I was able to, some 4 years sense. new careers alongside young adults ago, establish the first post-traumatic These indiscriminate reductions just starting out of high school in the stress disorder center in a hospital that don’t make sense. That’s what Mr. rapidly evolving job market. was not a veterans hospital. The River- POMPEO was welcoming: indiscriminate Career and technical education, side General Hospital for a period of cuts that do not make sense. We need while historically undervalued, helps years continued serving our post-trau- serious action in Congress to deal with tackle critical workforce shortages and matic stress disorder veterans in a the sequester, and that action cannot provides an opportunity for America to small, attentive setting where they wait. But there’s been nothing on the remain globally competitive while also could sit with others who were trou- floor in this Congress to deal with that engaging students in practical, real- bled as well. I’ve become a champion of sequester—nothing. Not a single piece world applications of academics cou- the needs and the purpose of post-trau- of legislation has been brought forth by pled with hands-on work experience. matic stress disorder medical services the majority. Now, as we move toward fiscal year and beg and cry to the Department of I used to be the majority leader, Mr. 2014, I join with a bipartisan group of Veterans Affairs and to the Pentagon Speaker, and I had the power to bring my colleagues in not only recognizing from where this grant came. We cannot legislation forward, and I would do it. the importance of maintaining these abandon our soldiers who have served I’m no longer the majority leader. The Federal investments for our country’s us well. And I would hope that the majority leader, notwithstanding this future but also in saying thank you to grant for this hospital will be contin- quote that these indiscriminate reduc- the countless men and women who ued because Texas has been known to tions don’t make sense, has not make these programs possible—the fac- have the largest number of returning brought an alternative to this floor. ulty, the teachers and the instructors Iraq and Afghanistan troops. Democrats are ready to make tough within our career and technical edu- Mr. Speaker, that speaks loudly to choices, and we’re ready to work with cation schools throughout this great the question of sequester. I’m delighted Republicans to do what is necessary to Nation. that the President last evening could solve this problem of our deficits in a Mr. Speaker, as we celebrate Career not have offered more olive branches balanced way. We must reduce spend- and Technical Education Month, I en- on economic reform and tax reform. ing, but we also need to raise revenues. courage my colleagues from both sides His idea is that we can do this budget Every bipartisan commission, everyone of the aisle to join me and my good together, not a sequester and not a has said the only way you’re going to friend, Representative LANGEVIN from self-inflicted wound, which is what we solve the arithmetic is to do so. Rhode Island, the cochair of the House did to ourselves, but, more impor- Mr. Speaker, I’m going to yield back Career and Technical Education Cau- tantly, to talk about innovation and the balance of my time so that my col- cus, as we continue our work together growth. This is something that I’ve leagues have an opportunity to say of the bipartisan Career and Technical spoken about over and over again as a their piece, but I lament the fact that Education Caucus. member formerly of the Science Com- we’re going home next week. We ought The goals of this caucus are to pro- mittee and now Homeland Security. to be here working to avoid what the vide promising futures for individuals Where is America’s genius? Right majority leader says are indiscrimi- who are seeking opportunities for work outside the beltway. Why are we divid- nate cuts that are not the way to do within this great Nation, and for em- ing ourselves along Democrats and Re- business. Yet, we rush headlong to do ployers, many of whom are in situa- publicans, refusing to put revenue that. tions, despite record high unemploy- alongside of cuts? Mr. Speaker, we’re ment for the longest sustained time at the bone, almost, and sequester that 1010 b since the Great Depression, of having is across-the-board cuts will literally I hope the Senate acts. I hope the great-paying jobs that are sitting open destroy us and put us in a recession. Senate passes a bill that will be ration- and available where they can’t find a All the talking heads that are sug- al, will get us out of this conundrum of qualified, trained workforce and, quite gesting that the President was not bi- a sequester that nobody should want, frankly, for America, whose competi- partisan and how there was nothing and that when it does, Majority Leader tiveness into the future will depend on that they heard, well, Mr. Speaker, CANTOR and Speaker BOEHNER will how well we make these investments. may I ask them to take some cotton bring it to the floor and let us vote. f out of their ears. Because in actuality, And if you don’t like it, vote against it. the President extended his hand of But let the American people know THE SEQUESTER AND AN OLIVE friendship. where we stand. BRANCH We want to get down to work. We can Let us avoid the sequester. Let us get The SPEAKER pro tempore. The pass comprehensive immigration re- ourselves on a fiscally balanced path, Chair recognizes the gentlewoman from form. We can pass in tribute and rec- but let us do so responsibly. Texas (Ms. JACKSON LEE) for 5 minutes. ognition of Sandy Hook, Hadiya, and

VerDate Mar 15 2010 00:09 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.002 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE February 13, 2013 CONGRESSIONAL RECORD — HOUSE H459 Aurora and our Congresswoman, our b 1020 observed, ‘‘In Congress, the view of former colleague, Congresswoman Gif- In a famous speech about the Viet- compromise is that the other guy gives fords, and Virginia Tech and many nam war, Dr. Martin Luther King, Jr., in.’’ places, and Lone Star College in my said, ‘‘We are confronted by the fierce It simply can’t be that way. Until we district and the tragedy at the Univer- urgency of now.’’ end the bickering, political preening, sity of Maryland that just occurred in We again find ourselves in a conflict and brinksmanship, the deadlock that the last 24 hours. People are mourning. that threatens the political fabric of has paralyzed our political process will We have to stop gun violence. So I our Nation, the integrity of our insti- continue. As Lincoln said, ‘‘It is not can any of don’t want to hear the fact that the tutions. We face a mountain of debt. us imagine better, but can we do bet- President is divisive. The President is We lack a comprehensive approach to ter?’’ leading, and he has led well. climate change, energy, transpor- And those words are true today. We The American people are listening. tation, Medicare, Social Security, de- have to abandon the dogmas of yester- When are our friends on the other side fense spending, immigration reform, of the aisle going to listen? And when day to fulfill the promise of tomorrow. gun violence, and even our postal sys- ‘‘We cannot escape history,’’ he said. are the American people going to raise tem. up beyond the maze of television com- ‘‘We of this Congress and this adminis- We need to find that urgency to get tration will be remembered in spite of mentary and see that your voices can started on creating a sensible energy be heard? If you raise up literally in ourselves.’’ policy that confronts climate change Despite this immense challenge that the houses of worship and civic clubs and reduces our reliance on foreign oil. confronts us, I believe we will prevail. and say that Congress must do its job We need that urgency to formulate a If we can summon that urgency of now, for our soldiers who are coming home transportation plan so that States can if we can end the bitter partisanship and for those children who are the fu- address their crumbling infrastructure and poor planning; we can solve our ture and for the opportunity for and local businesses can get back to Nation’s problems and make a brighter growth, you bring down the debt by work. day for ourselves and generations to growing the economy and innovating. We need that urgency of now to re- come. Congratulations, Mr. President, for configure our security policy, making the research and manufacturing cen- sensible cuts and fashioning a force f ters—15. Let’s do more of them. I hope that prepares us for conflicts of the fu- FUTURE OF THE FMLA that we can get summer youth jobs, a ture and not the past. The SPEAKER pro tempore. The program of private and public coopera- We need the urgency of now to make Chair recognizes the gentleman from tion. When does a youth take up a gun? sensible changes to Social Security and California (GEORGE MILLER) for 5 min- They take it up when they don’t have Medicare to ensure the vitality of these utes. a summer job and when they don’t programs for generations to come. Mr. GEORGE MILLER of California. have an opportunity. So I want to chal- That urgency of now will reward us Mr. Speaker, I read with interest Ma- lenge this body to be the kind of Lin- with more than a sensible energy pol- jority Leader CANTOR’s speech last colnesque attitude, as yesterday was icy, good roads, a smarter defense de- week on the majority’s latest relaunch the official birthday of President Lin- partment, and sustainable social wel- of the House GOP’s attempt to identify coln, February 12. And although it was fare system. We will be rewarded with with the middle class. a tragic time in our history, I can as- a stable economy and reduced market Leader CANTOR said that the House sure you that it showed the greatest volatility. will pursue an agenda of health, happi- promise of America when people could We cannot wait to act. We are bor- ness, and prosperity for more Ameri- come together and do something great. rowing 42 cents for every dollar we cans and their families. He went on to I stand here as a freed slave because spend. We have to take sensible steps identify a very important problem for this Congress came together. Are we to begin reducing our debt without millions of Americans: how to balance going to be able to do it today to free stepping on a fragile economic recov- work and family. America? ery. We have to take steps that are big, Unfortunately, that was the end of f bold, and bipartisan. That’s why I the relaunch. Because to address this signed onto the Cooper-LaTourette bi- THE DEBT CEILING problem, the majority leader proposed partisan budget agreement that would an old scheme that actually takes The SPEAKER pro tempore. The have saved $4 trillion over 10 years, and away workers’ rights to overtime pay Chair recognizes the gentleman from that’s why my office authored a com- in exchange for employer-controlled Illinois (Mr. QUIGLEY) for 5 minutes. prehensive plan to reinvent govern- comp time. This scheme has been Mr. QUIGLEY. Mr. Speaker, last ment and save taxpayers $2 trillion bouncing around the Big Business wish month we passed a bill that suspends over the next 10 years. list for decades. It’s a twofer for Big the debt ceiling until May. I voted for No, government is not perfect. But I Business: workers get less predictable that bill because I didn’t want to believe we need to reinvent govern- schedules, and they earn less pay. plunge the credit rating of this country ment, not eliminate it. Or, as Grover Leader CANTOR’s prescription for or have the economy plunge into an- Norquist says, make ‘‘it small enough what ails working families is to admin- other recession. But that vote was just to drown in the bathtub.’’ ister more poison. It’s to give a work- a short-term fix in what has been a se- Government is important. The heroes ing parent less control over her life and ries of short-term fixes. And short- of 9/11 were government workers. Gov- less money in her pocket. This plan term fixes no longer cut it when it ernment teaches our kids; it protects does not give workers flexibility. This comes to running the world’s biggest us, keeps us safe, helps keep our air plan is about giving corporations an- economy. clean, and protects the less fortunate. other way to pay workers less. Instead of thoughtful, long-term The Tea Party has this wrong. The That’s how you help working fami- planning, we have contented ourselves objective should not be to destroy gov- lies? I don’t think so. with political sideshows. We’ve budg- ernment through reactive draconian If the Republican majority party eted with continuing resolutions and cuts; rather, we should collectively wants to seriously talk about healthy, held endless partisan committee hear- rethink and renew this institution that prosperous, and happy American fami- ings aimed at dismantling so-called touches all of our lives. lies, then they should help to create job-killing legislation like the Clean I recognize that not everyone I serve real opportunities to help families to Air Act. We voted 33 times to repeal all with would agree on how to cut defense be healthy, prosperous, and happy. or part of the President’s health care and adjust social programs to make Here’s one serious way to help work- plan, and we attempted to balance the them sustainable over time. That’s the ing families: give workers real flexi- Federal Government’s budget by zero- whole point. You have to compromise. bility on the job and the ability to take ing out Planned Parenthood. That’s Sadly, that’s not in vogue these days. advantage of paid time off. not careful planning. That’s tired polit- My colleague from Chicago, Congress- Last week was the 20th anniversary ical dogma. man BOBBY RUSH, said it best when he of the Family and Medical Leave Act.

VerDate Mar 15 2010 00:09 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.004 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H460 CONGRESSIONAL RECORD — HOUSE February 13, 2013 Back in 1993, this law was a big step share the prosperity that they’re help- fect. A confidential report commis- forward for America. It guarantees ing to create. Let’s make sure that sioned by the Postmaster General just workers job-protected leave when they women are paid based upon their worth last year showed that a 7.7 percent de- need time off for family or health rea- by passing the Paycheck Fairness Act. cline in mail volume, such as going sons, for a newborn child, to take care Let’s raise the minimum wage that from 6 to 5 days would trigger, would of a sick child or spouse. It’s been used will boost the economy by putting actually result in a $5.2 billion loss in more than 100 million times over the money into the pockets of millions of revenue. It’s little wonder that he last 20 years. Workers got to take off working people. deep-sixed his own study. time to care for a newborn or sick So I would say to my friend from Vir- Within the broader economy, 8.4 mil- spouse or to get an operation without ginia, the majority leader, if he is seri- lion jobs are supported by the private fear of losing their job. ous about helping working families, and public mailing industries. That With the Family and Medical Leave then join with us and let’s enact poli- represents 6 percent of all American Act, our country made it a priority to cies that put these families first in jobs. For every job in the Postal Serv- give workers the ability to balance the both the workplace and in their homes. ice, there are 10 in the private sector, demands of work and family. It made f and three out of four of those jobs are the healthy development of babies, dependent on existing delivery infra- healthy families, and healthy work- PRESERVING 6-DAY POSTAL structure by the Postal Service, includ- places a priority. It was a remarkable SERVICE ing 6-day mail. Last year, the com- accomplishment at the time, but it was The SPEAKER pro tempore. The bined industries supported $1.3 trillion intended to be a first step, not the last. Chair recognizes the gentleman from in sales revenue, or 8.6 percent of our Today, only half of all workers can Virginia (Mr. CONNOLLY) for 5 minutes. entire economy. take advantage of the Family and Med- Mr. CONNOLLY. Mr. Speaker, the While first-class mail volume has ical Leave Act. The rest are ineligible Postmaster General’s announcement been trending downward for the past because of their part-time status or this past week that he intends to elimi- decade, the Postal Service is not maxi- who their employer is. Half of all work- nate Saturday mail delivery is of great mizing those lines of business that are ers don’t have job protections to take concern to my colleagues on both sides showing growth, such as package deliv- time off to welcome a new baby to the of the aisle. ery. Growth in online retail sales, family. They can’t take time off to Beyond the fact that such a move spurred by Cyber Monday, for example, help an elderly parent without fear of completely disregards congressional in- pushed USPS package delivery revenue losing their job. tent, it also sets the Postal Service on up by 4.7 percent, or $154 million, in the Here’s another serious idea to help a downward spiral that will undercut first quarter of this year alone. The working families: Extend the family any opportunity to revitalize it and Postal Service has not been able to and medical leave protection to all put it in a more sound financial footing capitalize on those opportunities large- workers. And furthermore, let’s guar- for future generations. Whether it’s the ly because Congress, itself, stifled in- antee paid leave under the law. The financial documents for a small busi- novation with the 2006 legislation that Federal Family and Medical Leave Act ness, a prescription refill for an elderly it passed. Unlike its international only guarantees unpaid job-protected resident, or a birthday card for a loved counterparts, the Postal Service is pro- leave. Too many families simply can- one, Saturday mail delivery is impor- hibited by law from co-locating with not afford to miss a day or two of work. tant to every person in every commu- such comparable businesses as banks That’s why Congress should finally de- nity in America. and coffee shops, which actually offer a liver on the paid leave that our Na- The United States Postal Service is lot of revenue in the European postal tion’s workers deserve. services. We even restrict how the I recently heard from Matari Jones an American institution dating back to Postal Service can competitively mar- from San Antonio, Texas. While she the founding of our Nation when it was ket its low-priced services. said that the family and medical leave enshrined in article I of the Constitu- Of course, the most egregious burden was a godsend when her children were tion, and Saturday delivery has been imposed on the Postal Service by Con- born, taking unpaid time off to care for part of that tradition for the past 150 gress is the outrageous pre-funding re- her newborns to heal from a com- years. The men and women who don quirement for future retiree health plicated delivery was a significant fi- the blue uniform of the USPS are visi- benefits. Under current law, it must nancial struggle. Unfortunately, ble in every street in every commu- pre-fund 75 years at 100 percent of Matari was not alone. A working nity. those benefits in a 10-year window. No woman—or any worker, for that mat- b 1030 other entity on the planet has such an ter—shouldn’t have to choose between As a recent Washington Post story onerous requirement but the Postal family members they love or the pay- recounted, mail carriers have been check they need. Service, and we did it—Congress did California, the District of Columbia, known to report crimes, detect gas it—in 2006. In fact, $11.1 billion of the Connecticut, Washington State, and leaks and check on the elderly. Many $15 billion-plus loss last year for the New Jersey have taken steps for paid serve the same routes for years, taking Postal Service is directly attributable family and medical leave and sick note of the comings and goings in their to that burden. leave. The policy is good for families, neighborhoods and offering an extra set That brings us back to the audacity and it is good for business. of watchful eyes. They are, in many of last week’s announcement by the The least-paid workers in our society ways, the first responders in many of Postmaster General. The Postal Serv- are also least likely to be able to afford these communities. ice has routinely testified before Con- a day off when they are sick. Many of Eliminating Saturday mail service gress, requesting the authority to go those workers are behind the lunch would result in the layoffs of more from six to five, but congressional in- counter or taking care of our older than 50,000 letter carriers. Job losses in tent on the preservation of 6-day mail family members. the public sector have already been a delivery has been clear for 30 years. If Leader CANTOR and this House are drag on our economy for the past 2 Even the Presidential budget request truly serious about helping working years, and this only exacerbates that recognizes the need for Congress families, then let’s deliver on the full problem. The supposed savings would proactively to grant such authority. It promise of workplace leave policies clearly be offset if these unemployed cannot be grabbed unilaterally. The that properly value our Nation’s fami- middle class workers would then need Postmaster General acknowledged he lies. Extend family and medical leave Federal assistance to make ends meet. was on shaky ground—and indeed he benefits to all workers, and look for Upon closer inspection, the economic is—in making this announcement. I, ways to guarantee workers’ access to case for eliminating Saturday delivery along with Representative GRAVES, paid family and medical leave and to is specious at best. The Postmaster have asked him to provide what, if any, sick leave. General claims it will save $2 billion, legal justification he relied on to make There are other steps Congress but that does not include the lost rev- this momentous decision, and we’ve should take to ensure that workers can enue or the broader economic ripple ef- asked the Attorney General and the

VerDate Mar 15 2010 00:09 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.006 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE February 13, 2013 CONGRESSIONAL RECORD — HOUSE H461 Postal Regulatory Commission for have time to wait until 2030 when there Allowing sequestration to take place their opinions on the Postmaster Gen- are 30,000 drones in the sky. is a bad choice. If the third-graders can eral’s statutory authority for this ill- This bill sets clear guidelines, pro- figure it out, I certainly hope we in advised action. tects individual privacy and informs Congress can as well. Let’s do what Mr. Speaker, Representative GRAVES peace officers so they will know what they advise. Let’s be responsible and and I have introduced a bipartisan res- they can do and what they cannot do let’s make good choices. under the law. Nobody should be able olution urging the Postal Service to f preserve 6-day delivery. We would wel- to use drones for whatever purpose come our colleagues in joining us to they want. This bill will make it clear b 1040 highlight congressional intent that for what purpose law enforcement and PUERTO RICO MEDICARE PART B Saturday service is vital to our neigh- citizens and businesses can use drones. EQUITY ACT borhoods and small businesses and to There will be limits on the govern- the vitality of our communities. I urge ment use of drones so that the surveil- The SPEAKER pro tempore. The my colleagues to take a closer look. lance of individuals or their property is Chair recognizes the gentleman from only permitted or conducted when Puerto Rico (Mr. PIERLUISI) for 5 min- f there is a warrant. This applies to utes. THE DRONES ARE COMING, State, Federal, and local jurisdictions, Mr. PIERLUISI. Mr. Speaker, today PAGE II but there are exceptions. Law enforce- I’m introducing a modified version of The SPEAKER pro tempore. The ment could use a drone for fire and res- bipartisan legislation I introduced last Chair recognizes the gentleman from cue, to monitor droughts and to assess Congress. The bill would amend a pro- Texas (Mr. POE) for 5 minutes. flood damage or to chase a fleeing vision in Federal law that applies only Mr. POE of Texas. Mr. Speaker, the criminal. And of course, the excep- to Puerto Rico and that has harmed domestic use of drones is on the way. tions, called exigent circumstances, thousands of Medicare beneficiaries on There will be more eyes in the sky which are already in our law, will the island. My legislation would elimi- looking over America. apply. nate this problem for future bene- According to the FAA, by 2015, it will This bill includes a clear statement ficiaries and provide appropriate finan- allow the use of drones nationwide, and so that it does not prevent the use of cial relief to current beneficiaries who by 2030, 30,000 drones will be cruising drones for border security. The bill also have been adversely affected. Senator American skies—looking, observing, sets guidelines for the private use of SCHUMER is introducing a companion filming, and hovering over America. drones. bill, and I want to thank him for his They will come whether we like it or The bottom line of the bill is simple: support on this issue. not. We will not know where they are nobody should be spying on another Most individuals become eligible to or what they’re looking at or what unless they have the legal authority to enroll in Medicare part A, which covers their purpose is, whether it’s permitted do so. The decision should not be left inpatient hospital care, when they turn or not permitted, whether it’s lawful or up to unelected bureaucrats to decide 65. In every State and territory except unlawful, and we really won’t know the use of drones, so Congress has the Puerto Rico, individuals enrolled in who is flying those drones. obligation to set guidelines, to secure part A are automatically enrolled in Sometimes drones are good. We can the right of privacy and to protect citi- part B, which covers doctors’ services thank drones for helping us track ter- zens from unlawful drone searches. and outpatient hospital care and re- rorists overseas and for helping us Just because the government has the quires the payment of a monthly pre- technology to look into somebody’s catch outlaws on the border. Legiti- mium. Individuals can opt out of part yard doesn’t give it the constitutional mate uses by government and private B if they don’t want it. In Puerto Rico, right to do so. by contrast, individuals enrolled in citizens do occur, but a nosy neighbor And that’s just the way it is. or a Big Brother government does not part A are not automatically enrolled have the right to look into a window f in part B but, rather, must opt in to re- without legitimate cause or, in the THE CONSEQUENCES OF ceive this coverage. case of government, probable cause. SEQUESTRATION The problem with the opt-in require- Mr. Speaker, drones are easy to find. The SPEAKER pro tempore. The ment is that the law requires individ- I learned from a simple Google search Chair recognizes the gentleman from uals to elect part B coverage within a that you can buy a drone on eBay or at California (Mr. BERA) for 5 minutes. 7-month initial enrollment period or to your local Radio Shack. It’s very easy. Mr. BERA of California. Mr. Speaker, pay a penalty to the Federal Govern- And as technology changes, Congress in a few short weeks, we face auto- ment. The penalty is substantial—a 10 has the responsibility to be proactive matic across-the-board spending cuts. percent increase in the monthly part B and to protect the Fourth Amendment If allowed, they could not only stall premium for every year of delayed en- right of all citizens. The Fourth our economic recovery; these cuts will rollment. It is also permanent, lasting Amendment states: immediately threaten the future of our as long as the individual has part B, The right of the people to be secure in children and grandchildren. If we allow which can be decades. their persons, houses, papers, and effects, sequestration to take place, we threat- Over the years, the responsible Fed- against unreasonable searches and seizures, en to kick 70,000 of our children off of eral agencies have done a poor job in- shall not be violated. the Head Start program. If we allow se- forming beneficiaries in Puerto Rico It doesn’t take a constitutional law questration to take place, 10,000 Amer- about the opt-in requirement and the professor to see why legislation is ican teachers will lose their jobs. We consequences of late enrollment. needed to protect the rights of the threaten the very future of our chil- Therefore, many of my constituents American people. The right of a reason- dren and grandchildren. This is irre- fail to realize they lack Part B until able expectation of privacy is a con- sponsible. they get sick and need to visit a doc- stitutional right. Any form of snooping In the spirit of their future, the chil- tor, by which point significant time or spying, surveillance or eaves- dren from Mrs. Gibson’s third-grade may have elapsed. To illustrate the re- dropping goes against the rights that class at Foulks Ranch Elementary percussions, consider the standard are outlined in the Constitution. School in Elk Grove, California, want- Medicare Part B monthly premium of Today, I will reintroduce the Pre- ed me to deliver a message to Congress. $105. An individual who enrolls 2 years serving American Privacy Act because They are five simple tips: They want late must pay a 20 percent surcharge— it’s time for Congress to be proactive Congress to be responsible. They want an additional $21 per month. Over 1 in protecting the rights of civilians Congress to be respectful. They want year, that is $252. Over 20 years, it is from the private use and government Congress to be kind. They want Con- $5,000. use of drones. This legislation balances gress to be accountable. Mr. Speaker, The combination of the opt-in re- individual constitutional rights with the third-graders from Mrs. Gibson’s quirement and inadequate beneficiary legitimate government activity and class want Congress to make good education in Puerto Rico has led to the private use of drones. We don’t choices. consequences that are both severe and

VerDate Mar 15 2010 05:50 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.007 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H462 CONGRESSIONAL RECORD — HOUSE February 13, 2013 predictable. Puerto Rico has the lowest IT’S TIME TO GET TO WORK fessional programs, CTE plays a crit- part B participation rate in the coun- The SPEAKER pro tempore. The ical role for workers of every age. And try—81 percent compared to the na- Chair recognizes the gentlewoman from I’m so proud that President Obama tional average of 92 percent. There are Oregon (Ms. BONAMICI) for 5 minutes. called for more support for CTE in his least 130,000 island residents enrolled in Ms. BONAMICI. Mr. Speaker, today State of the Union message last part A but not part B. Without this is February 13, but it feels like Ground- evening. coverage, beneficiaries have limited ac- hog Day. Here we are, back again, fac- The most important step I believe we cess to doctors’ services and outpatient ing the prospect of devastating cuts can take this year to support CTE is to hospital care. If these individuals do from sequestration. fully reauthorize the Carl D. Perkins eventually enroll in part B, as most Families in Oregon don’t understand Vocational and Technical Education will, the 7-month window will have why Members of Congress can’t seem Act. Currently, the Perkins Act is au- closed and they will be required to pay to set aside their differences and get thorized at a level set in 2010, which a lifetime penalty. things done; and, frankly, neither do I. doesn’t reflect the reality of a modern Moreover, there are at least 53,000 economy where more workers are look- seniors or disabled individuals in Puer- We don’t want to see these devastating cuts go into effect. We don’t want to ing at high-skilled fields. to Rico who are already paying a life- More and more employers need high- time penalty for enrolling late in part see a government shutdown. We don’t want to tell the children that they ly skilled workers. I hear too often B. Each year, in fact, island residents from Rhode Island employers with job pay a total of over $7 million in late have to have even more students in their already-crowded classrooms or openings that they can’t fill because fees. This is profoundly unfair. they can’t find the workers with the Through no fault of their own, my con- explain to senior citizens that the Meals on Wheels they rely on might right skills to fill the jobs that they do stituents are required to forfeit money have available. Meanwhile, our unem- to the Federal Government they should not be delivered. We don’t want to see cuts to food safety or air traffic control ployment rate remains unacceptably be using to meet their basic needs and high. support their families. or maritime and border security. We’re in the home stretch, racing to- Closing the skills gap is one impor- On the administrative front, I have tant step we can take to ensure that worked hard with Senator SCHUMER to wards yet another deadline, but instead workers can fit and fill the needs of ex- ensure that the relevant Federal agen- of sitting at the bargaining table, we’re panding industries, both today and in cies improve the educational materials headed out for recess. the future. After all, how can we expect provided to Puerto Rico beneficiaries, In Oregon alone, sequestration would to help individuals start a company or and I am pleased they have taken posi- kick more than 900 kids out of Head businesses expand their company or to tive steps in response to our demands. Start programs that make a difference relocate jobs from overseas if we don’t But the only true solution to this prob- in their school readiness. It would trig- have the workers with the right skills lem is legislative. ger a 9 percent cut in Federal funding My bill would do three things: to Oregon’s public university system, to do the jobs that would be and are First, it would amend Federal law so slashing student aid and ongoing re- available? that, going forward, beneficiaries in search and development. Law enforce- Mr. Speaker, I look forward to a con- Puerto Rico are treated like their ment agencies throughout the country tinuing partnership with my good counterparts in every other jurisdic- would lose the equivalent of 1,000 Fed- friend, G.T. THOMPSON from Pennsyl- tion, automatically enrolled in part B eral agents, 1,300 prison officers, and vania, in the 113th Congress, and I with the option to opt out of coverage; more than 5,000 Border Patrol per- strongly urge my colleagues to join the Second, to ease the burden on those sonnel. Small businesses across the Na- Career and Technical Education Cau- who enrolled late in part B, usually tion would lose more than $540 million cus and to support the full reauthoriza- with no understanding of the con- in loan guarantees. tion of the Perkins Act. sequences of that choice, the bill would Despite the talk of uncertainty, our f reduce the monthly penalty they are economy really is poised to take off, RECESS required to pay by 85 percent; but it can’t do that if Congress decides Finally, to address those bene- to take off from work. It’s sad but true: The SPEAKER pro tempore. Pursu- ficiaries who are enrolled in part A but The biggest obstacle to economic ant to clause 12(a) of rule I, the Chair not B and who will pay a late penalty growth tomorrow is congressional foot- declares the House in recess until noon whenever they do enroll, the bill would dragging today. today. authorize a special period during which We’ve been governing by crisis for Accordingly (at 10 o’clock and 50 those individuals could enroll in part B too long. It’s time to rally around com- minutes a.m.), the House stood in re- and pay a monthly surcharge that is 85 mon sense. It’s time to take a seat at cess. percent less than the penalty they the bargaining table. And most of all, f would be subject to under current law. it’s time to get back to work. I look forward to working with my b 1200 No sequestration deal, no recess. colleagues in both the House and the AFTER RECESS Senate to enact this much-needed bill f The recess having expired, the House into law. CAREER AND TECHNICAL I should also mention that I was im- was called to order by the Speaker at EDUCATION MONTH pressed with the State of the Union de- noon. livered by President Obama last The SPEAKER pro tempore. The f evening, and I particularly support his Chair recognizes the gentleman from PRAYER call for democracy in America. But I Rhode Island (Mr. LANGEVIN) for 5 min- remind, respectfully, both the Presi- utes. Archbishop Emeritus John Quinn, Di- dent and all Americans that Puerto Mr. LANGEVIN. Mr. Speaker, I rise ocese of San Francisco, San Francisco, Rico has a status that is undemocratic. today in recognition of Career and California, offered the following pray- There are 3.7 million American citizens Technical Education Month. I’m proud er: living in Puerto Rico who lack the to be joined by Mr. THOMPSON of Penn- Lord, we give deep-felt thanks for the most basic voting rights in a democ- sylvania, who I know spoke earlier this great providential blessing that makes racy. They cannot vote for the Presi- morning. Mr. THOMPSON is my good us citizens of the United States of dent, and they do not have voting rep- friend and fellow cochair of the bipar- America. resentation in Congress. They have re- tisan Congressional Career and Tech- The men and women of this House, in jected this status, and the least that nical Education Caucus. their service to our country, daily con- this Congress should do is give Puerto CTE is an investment in the future of front seemingly intractable public Rico the choice of joining the Union as our economy, our workforce, and our issues, a burden at times over- a State or be treated as a sovereign na- country. From skills training in high whelming; but You work even in the tion. schools to community colleges and pro- dark places of human history.

VerDate Mar 15 2010 00:09 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.009 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE February 13, 2013 CONGRESSIONAL RECORD — HOUSE H463 Teach us this day not to fear the Thank you, Archbishop Quinn, for home, right here in America, and Con- darkness but to put our hand in Yours gracing the House of Representatives gress should listen. and resolutely seek the light. with your prayer and your presence f You reveal Yourself as the Father of and for strengthening our country with CONGRATULATIONS TO us all. We ask You to bring us together a faith that calls each of us to be in- GAINESVILLE, GEORGIA in civic harmony and in the common struments of peace and justice. (Mr. COLLINS of Georgia asked and task of making real in our time the f ideals and the dreams that make us was given permission to address the America. ANNOUNCEMENT BY THE SPEAKER House for 1 minute.) As we turn now to the work of this PRO TEMPORE Mr. COLLINS of Georgia. Madam Speaker, I rise to congratulate my day, we ask for more than human wis- The SPEAKER pro tempore (Ms. hometown—the city of Gainesville, dom, and pray that Your blessing, mov- FOXX). The Chair will entertain 15 fur- ing across our continent, will keep us Georgia—for its leadership in creating ther requests for 1-minute speeches on and sustaining jobs despite the eco- one nation under God with liberty and each side of the aisle. justice for all. nomic challenges facing our Nation. A f Amen. new Milken Institute study ranked Gainesville as the best-performing AMERICA’S FIRST PRIORITY—A f small city in Georgia last year. BUDGET THE JOURNAL The study found that 24 new and ex- (Mr. MCCARTHY of California asked panded industries created 1,200 jobs, re- The SPEAKER. The Chair has exam- and was given permission to address tained 742 existing jobs, and generated ined the Journal of the last day’s pro- the House for 1 minute.) $164 million in capital investment for ceedings and announces to the House Mr. MCCARTHY of California. Gainesville and Hall County in 2012. his approval thereof. Madam Speaker, last night, I had This performance puts Gainesville in Pursuant to clause 1, rule I, the Jour- hoped to hear from the President that the top 10 small cities for job growth in nal stands approved. he would challenge both Houses to pass the U.S. f the first priority—a budget. The House I am proud that Gainesville con- PLEDGE OF ALLEGIANCE has done it. The Senate has not for the tinues to be a leader in economic devel- last 3 years. opment. Gainesville was ranked sixth The SPEAKER. Will the gentleman In this House, we talk a lot about the in job growth nationwide from 2010 to from Texas (Mr. GENE GREEN) come sluggish economy and our continual 2011 and was ranked second in job forward and lead the House in the debt. We talk in trillions, so let’s take growth from 2011 to 2012. From food Pledge of Allegiance. the zeros away and talk in household and auto services to manufacturing Mr. GENE GREEN of Texas led the income. If we were a household, we and retail, more businesses are calling Pledge of Allegiance as follows: would, roughly, bring in $24,500 a year, Gainesville home, which means more I pledge allegiance to the Flag of the but we would spend $35,500. That means job opportunities for Georgians. I com- United States of America, and to the Repub- we’d have to add $11,000 to the credit mend the leadership of Gainesville and lic for which it stands, one nation under God, Hall County for creating an environ- indivisible, with liberty and justice for all. card each year, but when we’d look to the credit card, it would already have ment where businesses can thrive, and f $160,000 on it. I look forward to their continued suc- WELCOMING ARCHBISHOP We have to get the House in order. cess. EMERITUS JOHN QUINN The Senate has refused to pass a budg- I hope that other cities across the Nation, as well as Congress, will look The SPEAKER. Without objection, et in 3 years. The time is now to move to Gainesville as an example of how job the gentlewoman from California (Ms. America forward. creation can be achieved even in a dif- ESHOO) is recognized for 1 minute. f ficult economic climate. There was no objection. Ms. ESHOO. Mr. Speaker, it is a REBUILDING AMERICAN f great privilege to welcome Archbishop INFRASTRUCTURE SEQUESTRATION John Quinn to the House of Represent- (Mr. HIGGINS asked and was given (Ms. CHU asked and was given per- atives and to thank him for offering permission to address the House for 1 mission to address the House for 1 the opening prayer today. minute.) minute.) Archbishop Quinn is one of the pre- Mr. HIGGINS. Last night, President Ms. CHU. Last night, President eminent spiritual leaders and Obama argued that rebuilding Amer- Obama challenged all of us to come to- theologians of our Nation. His church ican infrastructure is crucial to job gether to improve our country’s fiscal service spans over four decades, begin- creation, and with 70,000 structurally health today and for generations to ning with his ordination in Rome in deficient bridges, it is long overdue. come. 1953. He has served as a pastor, as an Today, the United States Chamber of Automatic budget cuts, or sequestra- educator, as Provost of the University Commerce is holding a summit on in- tion, was never intended to be good fis- of San Diego College for Men, as Auxil- frastructure investment. According to cal policy. It was never intended to be iary Bishop of San Diego, as Bishop of the U.S. Chamber, our broken infra- policy—period. If these cuts take place, Oklahoma City and Tulsa, as the first structure costs $78 billion annually in the American people will actually be Archbishop of Oklahoma City; and in lost time and fuel, and we will experi- harmed by the Representatives who 1977, he was named the sixth Arch- ence $336 billion in lost growth over the were sent here to serve them. This is bishop of San Francisco. next 5 years. Our decaying infrastruc- unacceptable. In just 2 weeks, if we His fellow bishops elected him Presi- ture is a significant drag on the econ- don’t act, across-the-board cuts will dent of the National Conference of omy. Freight rail bottlenecks cost us deeply hurt every aspect of our lives— Catholic Bishops in 1977, where he led $200 billion a year—air traffic delays schools, health programs, law enforce- with great distinction for a 3-year $33 billion a year. Our inadequate ports ment, research and development. Under term. In December 1995, after 18 years will lose up to $270 billion in exports by sequestration, all of these will be deci- of ‘‘tending his flock’’ of the Arch- 2020, costing 738,000 jobs. mated. diocese of San Francisco, he resigned Lots of people around here spend a In our fragile economy, our Nation and was given a visiting fellowship at lot of time whining about China. China cannot afford to wait, so I call on our Campion Hall, Oxford. invests 9 percent of its economy in in- colleagues from the other side of the My colleagues, our country has been frastructure. We invest less than 3 per- aisle to rise to the challenge. We can- blessed by the great patriotism, wis- cent. Stop whining about China and do not keep on going from one manufac- dom, scholarship, deep spirituality, and something about it. President Obama tured crisis to the next. Work with us inspirational leadership of this humble and the U.S. Chamber agree that it’s to stop sequestration before it’s too and holy man. time to nation-build right here at late.

VerDate Mar 15 2010 01:53 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.012 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H464 CONGRESSIONAL RECORD — HOUSE February 13, 2013 b 1210 Mr. CICILLINE. Madam Speaker, last Mr. KILDEE. Madam Speaker, last STOP DEVASTATING SEQUESTER night President Obama outlined a bold night at his State of the Union address, vision for his second term in office and President Obama outlined a real job (Ms. FOXX asked and was given per- spoke about the number one issue fac- creation plan to grow our economy and mission to address the House for 1 ing our country: jobs. The President strengthen America’s middle class. minute.) understands that if we want to get our However, sequestration is just 15 days Ms. FOXX. Mr. Speaker, President country back on the right track, we away, threatening to stall our eco- Obama had a chance last night to lay have to invest in those areas that are nomic recovery. out a plan for smart, strategic savings essential to growing our economy and Sequestration would be devastating to replace his devastating sequester. strengthening the middle class. for many programs and services that We were all watching; we were all lis- With families all across America, and my constituents and all Americans tening. We want to work together on particularly in my home State of rely on: Head Start; the Women, In- this. But instead of laying out a vision Rhode Island facing tremendous chal- fants and Children—WIC—nutrition for how government can avoid his se- lenges, it’s critical that our friends on plan; medical research funding; Indian quester—his sequester—by living with- the other side of the aisle put aside Health Service; police officers; and in its means, the President decided to partisan gamesmanship and start food inspectors. Funding for all these make the impractical case for passing working together on the commonsense crucial areas would be decimated. the buck onto taxpayers through even goals that President Obama outlined: Sequestration would also make our more taxes. country less safe by implementing House Republicans have known all reinvigorating manufacturing; invest- reckless, across-the-board defense cuts. along the President’s sequester was a ing in our infrastructure; making edu- We’ve already reduced the deficit by terrible plan. We gave the Supercom- cation a priority; and developing new $2.5 trillion, mostly through spending mittee a chance to do the right thing, sources of clean energy, as well as a and when they didn’t, we led. long-term strategy to deal with our cuts. There’s no question we can elimi- Twice since last summer we have debt. nate additional wasteful spending. passed legislation that would preserve It’s true that Republicans and Demo- However, we should be strategic in savings while completely removing the crats have a choice. We can either finding ways to reduce our deficit. threat sequester poses to American work to find common ground and move With sequestration looming, Madam jobs and national security. The Presi- our country forward as a whole, or we Speaker, Americans need real solu- dent didn’t join the conversation until can continue the partisan fighting that tions, not another eleventh hour cliff- recently. has created gridlock in Washington. hanger. March 1 is coming. Will he or won’t I urge my colleagues on both sides of f he put forth a credible plan to stop the the aisle to find common ground and real solutions so we can put our coun- DEVASTATING SEQUESTRATION damage of his sequester? Republicans CUTS have responded. He and our friends on try back to work and address the seri- the other side of the aisle have not. ous challenges facing our Nation. (Ms. GABBARD asked and was given f permission to address the House for 1 f minute.) OPPOSING SEQUESTRATION REPEAL AND REPLACE Ms. GABBARD. Madam Speaker, I DANGEROUS SEQUESTER (Mr. GENE GREEN of Texas asked rise today to speak about the dev- and was given permission to address (Mr. CARTWRIGHT asked and was astating sequestration cuts that are the House for 1 minute and to revise given permission to address the House set to take effect unless we, Congress, and extend his remarks.) for 1 minute.) act by March 1. If these arbitrary Mr. GENE GREEN of Texas. Mr. Mr. CARTWRIGHT. Madam Speaker, across-the-board cuts are allowed to Speaker, I rise in opposition to the we have before us this question of al- occur, our military, our national secu- huge education cuts that are in the se- lowing indiscriminate and harmful cuts rity, and our communities will suffer. quester. Massive sequestration is an in- to our armed services and other vital Hawaii is one of the top 10 States efficient way to make spending deci- national governmental works. that will take the biggest hit. We’ve al- sions that affect millions of Ameri- I agree we must address the debt and ready seen these anticipated cuts play- cans. However, this is what we agreed the deficit, but it’s not a new problem, ing out at the Pearl Harbor shipyard, to, and the House majority has not had and we have fixed it before. Right now, where 133 apprentices will not be hired an open and frank debate on how this our national debt stands at about 105 and 30 temporary workers will lose Chamber can reduce our national def- percent of GDP, gross domestic prod- their jobs. This is affecting real people, icit while helping our students and uct. In 1946, it was close to 122 percent, their families, as well as our military’s hardworking educational professionals and we fixed it—not by austerity, not readiness. succeed. by slash and burn; we fixed it by in- Times are tough and we must all On education alone, sequestration vesting in America. We built our na- share in the sacrifice, but we cannot do will reduce funding for the Department tional highway system. We made our so at the expense of our military readi- of Education and Head Start by an es- armed services the envy of the world. ness or on the backs of our middle class timated $4.8 billion. Department of We even rebuilt Europe and Japan. We families, seniors, and children. Education funding will return to pre- went to the Moon, for heaven’s sake. f 2003 levels, impacting between 8.9 mil- By the 1960s, our economic growth SEQUESTRATION MEANS STUPID lion and 9.4 million students. Potential was so great that it was impossible for job losses in the education field are anyone to complain about the Roo- (Mr. DEFAZIO asked and was given projected to be between 74,600 and sevelt debt with a straight face. That’s permission to address the House for 1 80,500. These cuts will come as schools what we need to do now. We need to be- minute.) and colleges enroll more students and lieve in ourselves. We need to invest in Mr. DEFAZIO. Madam Speaker, se- the cost of services increases. the great engines of our economic re- questration. You know, it’s inside-the- I call on Members on both sides of covery, our infrastructure, and our Beltway talk. What does it mean? It the aisle to join me in finding a better middle class. means stupid, across-the-board budget way to reduce our deficit while pro- So, Mr. Speaker, I urge the Members, cuts. tecting our children, students, and edu- be bullish on America and repeal and Take a program of tremendous public cational professionals. replace this dangerous sequester. import—whether it’s a defense pro- gram, public safety program, student f f financial aid—and cut it 10 percent. STRENGTHENING THE MIDDLE AMERICANS NEED REAL Take a turkey, something we don’t CLASS SOLUTIONS need anymore, something stupid, obso- (Mr. CICILLINE asked and was given (Mr. KILDEE asked and was given lete—registering kids for a draft that permission to address the House for 1 permission to address the House for 1 doesn’t exist and will never exist—cut minute.) minute.) it 10 percent.

VerDate Mar 15 2010 01:53 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.014 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE February 13, 2013 CONGRESSIONAL RECORD — HOUSE H465 So instead of doing targeted cuts and yeas and nays are ordered, or on which seums, zoos, performing arts facilities, com- getting rid of programs that we don’t the vote incurs objection under clause munity arts centers, community centers, in- need anymore, that don’t work any- 6 of rule XX. cluding houses of worship exempt from tax- more, and looking at reasonable reve- Any record vote on the postponed ation under section 501(c) of the Internal Revenue Code of 1986, libraries, homeless nues, we’re going to cut everything 10 question will be taken later. shelters, senior citizen centers, rehabilita- percent. It’s going to have a real im- f tion facilities, shelter workshops, and facili- pact. FEDERAL DISASTER ASSISTANCE ties that provide health and safety services I was told yesterday by the Office of of a governmental nature), as defined by the NONPROFIT FAIRNESS ACT OF 2013 Management and Budget the first President.’’. measurable impact is in my district, a Mr. BARLETTA. Madam Speaker, I (b) REPAIR, RESTORATION, AND REPLACE- 10 percent sequestration of payments move to suspend the rules and pass the MENT OF DAMAGED FACILITIES.—Section bill (H.R. 592) to amend the Robert T. 406(a)(3) of the Robert T. Stafford Disaster to counties in my State from the Inte- Relief and Emergency Assistance Act (42 rior Department, which means in Stafford Disaster Relief and Emer- U.S.C. 5172(a)(3)) is amended by adding at the Douglas County, Oregon, the last 10 gency Assistance Act to clarify that end the following: road deputies are gone. In another houses of worship are eligible for cer- ‘‘(C) HOUSES OF WORSHIP.—A church, syna- county, which is down to one road dep- tain disaster relief and emergency as- gogue, mosque, temple, or other house of uty, the last road deputy is gone. We’re sistance on terms equal to other eligi- worship, and a private nonprofit facility op- talking about counties the size of ble private nonprofit facilities, and for erated by a religious organization, shall be States here with no rural law enforce- other purposes. eligible for contributions under paragraph (1)(B), without regard to the religious char- ment. That’s because of the stupid se- The Clerk read the title of the bill. The text of the bill is as follows: acter of the facility or the primary religious questration. use of the facility.’’. H.R. 592 f (c) APPLICABILITY.—This section and the Be it enacted by the Senate and House of Rep- amendments made by this section shall b 1220 resentatives of the United States of America in apply to the provision of assistance in re- sponse to a major disaster or emergency de- SEQUESTER IS NOT THE ANSWER Congress assembled, SECTION 1. SHORT TITLE. clared on or after October 28, 2012. (Ms. JACKSON LEE asked and was This Act may be cited as the ‘‘Federal Dis- The SPEAKER pro tempore. Pursu- given permission to address the House aster Assistance Nonprofit Fairness Act of ant to the rule, the gentleman from for 1 minute and to revise and extend 2013’’. Pennsylvania (Mr. BARLETTA) and the her remarks.) SEC. 2. FINDINGS. gentleman from West Virginia (Mr. Ms. JACKSON LEE. Madam Speaker, Congress finds the following: RAHALL) each will control 20 minutes. I join with my colleagues to say that (1) Hurricane Sandy inflicted catastrophic The Chair recognizes the gentleman sequester is not the answer. When I damage in the Northeastern United States. from Pennsylvania. (2) Houses of worship across the begin to look at my district and I see GENERAL LEAVE Northeast’s many faiths and denominations high school students and middle school were among the private nonprofit facilities Mr. BARLETTA. Madam Speaker, I students and elementary school stu- that sustained damage. ask unanimous consent that all Mem- dents, I say sequester is not the an- (3) Churches, synagogues, mosques, tem- bers may have 5 legislative days in swer. ples, and other houses of worship throughout which to revise and extend their re- Yes, we can look reasonably at how communities in New York, New Jersey, Con- marks and include extraneous material we improve reducing the debt, but not necticut, and elsewhere play an essential on H.R. 592. on the backs of seniors, not elimi- role in the daily lives of the communities. The SPEAKER pro tempore. Is there nating the social network. (4) The Federal Emergency Management objection to the request of the gen- Agency’s (FEMA) public assistance program tleman from Pennsylvania? And then, with respect to our chil- provides financial grants for the repair of dren, do we tell them we close the There was no objection. various types of private nonprofit facilities. Mr. BARLETTA. Madam Speaker, I doors on summer jobs, we close the (5) Among the types of nonprofits to which doors on the best teachers, innovative FEMA provides such grants are those in yield myself such time as I may con- teaching, science labs? Absolutely not. which citizens gather and engage in a vari- sume. So I join with the President to say ety of educational, enrichment, and social First, I want to acknowledge the work of the gentleman from New Jer- that it’s an inflicted wound we gave. activities. These activities are essential to sey (Mr. SMITH) for his leadership on Let’s be better. Let’s be adults. community building and occur in houses of worship. this bipartisan legislation. And, finally, Madam Speaker, let’s do (6) Under the Robert T. Stafford Disaster Currently, the Robert T. Stafford our job on gun safety. Let’s ensure uni- Relief and Emergency Assistance Act (42 Disaster Relief and Emergency Assist- versal background checks. Let’s have U.S.C. 5121 et seq.), FEMA’s disaster relief ance Act, also known as the Stafford registration of those guns that are program is a general government program Act, provides for assistance to non- owned by gun owners like we register a under which assistance is provided in the profit organizations to rebuild dam- car. And let’s make sure that, as my wake of a natural disaster using criteria that are neutral with regard to religion. aged facilities following a declared dis- legislation introduced, that we secure aster. the guns in our homes so that children (7) Congress has previously enacted legisla- tion providing financial assistance to reli- Like other nonprofit organizations, or those who are disturbed cannot ac- gious nonprofit institutions, including religious-based organizations have seen cess your guns because you left them houses of worship, on terms equal to other significant damage to their facilities around. eligible nonprofit institutions. from disasters. Just last year, for ex- I am not interested in coming into (8) Such legislation is consistent with re- ample, we saw facilities owned by both your home and taking your guns, but cent precedents of the Supreme Court of the religious and nonreligious organiza- you have a responsibility to be able to United States and legal opinions issued by tions alike damaged or destroyed by secure them. That law was passed in the Office of Legal Counsel of the Depart- ment of Justice. Hurricane Sandy. the State of Texas, a State that prizes The administration is interpreting its guns. SEC. 3. INCLUSION OF HOUSES OF WORSHIP AS PRIVATE NONPROFIT FACILITIES current law to allow some religious Let’s be a group, a Congress that can ELIGIBLE FOR DISASTER RELIEF. nonprofits to receive reconstruction as- work together. We can do this. (a) DEFINITION OF PRIVATE NONPROFIT FA- sistance, while others do not. For ex- f CILITY.—Section 102(10)(B) of the Robert T. ample, parochial schools and religious Stafford Disaster Relief and Emergency As- hospitals receive funds, while a soup ANNOUNCEMENT BY THE SPEAKER sistance Act (42 U.S.C. 5122(10)(B)) is amend- kitchen or a shelter may not, depend- PRO TEMPORE ed to read as follows: ing on how often it is used for purely The SPEAKER pro tempore. Pursu- ‘‘(B) ADDITIONAL FACILITIES.—In addition to the facilities described in subparagraph religious purposes. ant to clause 8 of rule XX, the Chair (A), the term ‘private nonprofit facility’ in- H.R. 592 clarifies that facilities will postpone further proceedings cludes any private nonprofit facility that owned by religious-based organizations today on the motion to suspend the provides essential services of a governmental qualify for certain types of disaster as- rules on which a recorded vote or the nature to the general public (including mu- sistance.

VerDate Mar 15 2010 01:53 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.015 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H466 CONGRESSIONAL RECORD — HOUSE February 13, 2013 Again, let me thank the gentleman Mr. SMITH of New Jersey. I thank vides low interest loans—no hint at all from New Jersey for his efforts on be- my good friend, the chair, for yielding. by anyone that there’s an Establish- half of his constituents to rebuild the I thank him for his support and for Mr. ment Clause issue. storm-ravaged areas of his State. RAHALL. And I want to thank Gracie It’s important to note that a control- I reserve the balance of my time. Meng for her cosponsorship and leader- ling Justice Department Office of Mr. RAHALL. Madam Speaker, I ship on this important bill, and all the Legal Counsel memorandum explains yield myself such time as I may con- cosponsors, and to ERIC CANTOR and the in detail the legal principles that make sume. leadership for scheduling it for a vote H.R. 592 constitutional. In a 2002 writ- I rise in support of H.R. 592, the Fed- today. This is extremely important and ten opinion, the Office of Legal Counsel eral Disaster Assistance Nonprofit very timely. concluded it was constitutional for Fairness Act of 2013. This bill des- Madam Speaker, Superstorm Sandy Congress to provide disaster relief and ignates houses of worship as eligible inflicted unprecedented damage on reconstruction funds to a religious private nonprofit organizations to re- communities in the Northeast, includ- Jewish school, along with all sorts of ceive Federal Emergency Management ing my district in New Jersey. Con- other organizations, following a dev- Agency funds to repair or rebuild after gress and the President have responded astating earthquake. The same prin- a disaster strikes. by providing $60 billion in emergency ciples apply to protect religious orga- When most people think of disaster and recovery aid. nizations following a devastating hur- damage, they think of the physical Today’s debate and vote, however, ricane. damage that is often shown on tele- isn’t at all about whether or how much vision, that is, of downed trees, flooded As the Office of Legal Counsel memo funding Congress appropriates to miti- streets and homes, snow piled high, et concluded: gate the impact of Sandy. We’ve had cetera. Provisions of disaster assistance to reli- But for disaster survivors, the impact that vote. gious organizations cannot be materially dis- is often also emotionally traumatic. In Rather, it’s about those who are tinguished from aid programs that are con- stitutional under longstanding Supreme some cases, survivors have lost loved being unfairly left out and left behind. It’s about those who help feed, comfort, Court precedent, establishing that religious ones or all of their worldly possessions. institutions are fully entitled to receive gen- In these trying times, survivors often clothe, and shelter tens of thousands of victims now being told they are ineli- erally available government benefits and look to houses of worship for spiritual services, such as fire and police protection. instruction, guidance, and counseling. gible for a FEMA grant. It’s unconscionable that foundational The Supreme Court handed down its The services provided by houses of wor- first modern Establishment Clause de- ship are critical to survivors’ full heal- pillars of our communities damaged by Sandy—synagogues, churches, cision in the Everson v. Board of Edu- ing and recovery after a disaster. cation decision, which involved a pro- During and after disasters, houses of mosques, temples and other houses of gram in my own home State of New worship are there at a time when the worship—have been categorically de- Jersey. In that case, the Court held emotional toll inflicted by a disaster is nied access to these otherwise gen- that religious institutions are entitled at its worst. While some may have con- erally available relief funds. to receive ‘‘general government serv- cerns about providing any type of Fed- Current FEMA policy is patently un- ices’’ made available on the basis of eral assistance to houses of worship, fair, unjustified, and discriminatory neutral criteria. The Court held that some types of Federal assistance and may even suggest hostility to reli- the Establishment Clause does not bar, should be, and are, provided on a neu- gion. FEMA has a policy in place to aid in that case, students attending reli- tral basis. nonprofit facilities damaged in the gious schools from receiving generally Funding provided to a broad class of storm, but the agency has excluded available school busing services pro- entities for secular purposes such as houses of worship from their support. vided by the government. government-funded and -sponsored po- That is wrong, and it’s time Congress lice and firefighting assistance and ensures fundamental fairness for these As Nathan Diament, Executive Direc- protection and recovery from terrorist essential private nonprofits. tor of Public Policy for the Union of activities are such examples. The bipartisan Federal Disaster As- Orthodox Jewish Organizations of Likewise, disaster assistance has sistance Nonprofit Fairness Act will America, notes in his excellent legal been provided to religious institutions ensure that houses of worship are eligi- analysis, which I will include in the in the past. In 1995, after the Oklahoma ble for Federal funds administered by RECORD: City bombing, Congress approved funds FEMA. Disaster relief is analogous to aid that for the U.S. Department of Housing Madam Speaker, it’s worth noting qualifies as general government services ap- and Urban Development that specifi- here that FEMA’s discriminatory pol- proved by the Court in Everson. cally allowed for the repair and recon- icy of exclusion is not prescribed by Madam Speaker, the bill before us struction of houses of worship damaged any law. Nothing in the Stafford Act or today simply makes clear and clarifies by the bombing. any other law, including the Hurricane that Federal disaster relief includes re- In addition, under FEMA’s current Sandy Disaster Relief Appropriations ligious entities, along with every other policy, funds are provided to repair or Act, precludes funds to repair and to sort of entity. rebuild religiously affiliated private replace and to restore houses of wor- As the Court later stated in Widmar nonprofit organizations such as ship. v. Vincent: schools, nursing homes, food shelters, Indeed, the congressional precedent The provision of benefits to so broad a and daycare centers. favors enacting H.R. 592, as there are spectrum of groups is an important index of Assisting with recovery from a dis- several pertinent examples of public secular, that is, constitutional effect. aster does not promote or establish re- funding being allocated to houses of As it stated more recently in Texas ligion. There is no intrinsically reli- worship. For example, FEMA grants Monthly v. Bullock: gious purpose in providing disaster as- were explicitly authorized by Congress Insofar as that subsidy is conferred upon a sistance. This provision simply recog- back in 1995 and provided to the wide array of nonsectarian groups as well as nizes that houses of worship are one as- churches damaged by the Oklahoma religious group organizations in pursuit of pect of community recovery. City terrorist attack, as my friend some legitimate secular end, the fact that This bill helps ensure that our com- from West Virginia pointed out. religious groups benefit incidentally does munities fully recover physically, emo- not deprive the subsidy of the secular pur- b 1230 tionally, and mentally after a disaster. pose and primary effect mandated by the Es- I urge my colleagues to join in sup- The Homeland Security Department tablishment Clause. porting this bill. and UASI provides funding to houses of Significantly, Madam Speaker, when I reserve the balance of my time. worship for security upgrades. The In- three churches in Detroit received tax- Mr. BARLETTA. Madam Speaker, I terior Department provides funding to payer-funded grants to repair and wish to yield 7 minutes to the gen- grants for historically significant prop- spruce up their buildings prior to the tleman from New Jersey (Mr. SMITH), erties, including active churches and 2006 Super Bowl, American Atheists who is the sponsor of this bill. active synagogues. And the SBA pro- sued the City of Detroit and lost.

VerDate Mar 15 2010 01:53 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.017 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE February 13, 2013 CONGRESSIONAL RECORD — HOUSE H467 In a sweeping decision offered by Mr. NADLER. Madam Speaker, I re- I think, at the very least, we need to Judge Sutton, the U.S. Court of Ap- luctantly rise in opposition to this bill. exercise caution. I know that people peals for the Sixth Circuit, unani- The purpose of this bill is laudable. Un- have been circulating letters making mously held that the direct assistance fortunately, there are real constitu- extravagant claims about the current to the churches did not violate the Es- tional problems. state of the law, but what is clear is tablishment Clause. Judge Sutton said, This bill would provide direct cash that the Supreme Court has never and I quote, in pertinent part: grants to rebuild houses of worship. Di- overruled its prior decisions specifi- Detroit sought to fix up its downtown, not rect government funding of churches, cally prohibiting this kind of use of to establish a religion. And as will generally synagogues, and mosques has always public money. be the case when a governmental program al- been held to be unconstitutional, and locates generally available benefits on a neu- the decisions of the Supreme Court es- b 1240 tral basis and without a hidden agenda, this tablishing that principle remain good In Tilton v. Richardson, the Court program does not have the impermissible ef- held that a 20-year ban on using pub- fect of advancing religion in general or any law to this day. While some recent de- one faith in particular. By endorsing all cisions have raised questions of these licly financed college facilities for reli- qualifying applicants, the program has en- prior decisions’ validity, they remain gious or other purposes was not suffi- dorsed none of them, the Court went on to binding precedent. Most legal authori- cient. The Court made the ban perma- say, and accordingly it has not run afoul of ties would hold this bill to be constitu- nent, saying: the Federal and State religious clauses . . . tional, although some would disagree. If, at the end of 20 years, the building is, In the Establishment Clause context, that At the very least, given the serious for example, converted into a chapel or oth- means evenhanded neutral laws generally, erwise used to promote religious interests, though not invariably, will be upheld. So constitutional questions raised by this legislation, I am deeply troubled that the original Federal grant will in part have long as the government benefit is neutral the effect of advancing religion. and generally applicable on its face, it pre- it has received no committee consider- sumptively will satisfy the Establishment ation and is being rushed to the floor And that, of course, is not permis- Clause. just a few days after being introduced sible. Similarly, in Committee for Public H.R. 592 exhibits no government pref- under a procedure that allows only 40 Education v. Nyquist, the Court struck erence for or against religion, or any minutes of debate and no amendments. down a State program of ‘‘maintenance particular religion, since it merely per- One would think that we were naming and repair grants’’ for the upkeep of re- mits houses of worship to receive the a post office rather than passing legis- ligious elementary and secondary same type of generally available assist- lation with significant constitutional schools. The Court said: ance. implications that could alter the rela- The SPEAKER pro tempore. The tionship between government and reli- If the State may not erect buildings in which religious activities are to take place, time of the gentleman has expired. gion. Mr. BARLETTA. I yield the gen- it may not maintain such buildings or ren- While I have serious reservations ovate them when they fall into disrepair. tleman an additional minute. about this bill and the way it is being Some proponents have pointed to the Mr. SMITH of New Jersey. Again, considered, I wanted to commend the Court’s ruling in Mitchell v. Helms. this legislation permits houses of wor- sponsors, the gentleman from New Jer- ship to receive the same type of gen- The question in that case was whether sey (Mr. SMITH) and my colleagues erally available assistance in picking publicly financed educational mate- from New York, Ms. MENG and Mr. up the pieces after stunning devasta- rials could be lent to religious schools. KING, who have been outstanding tion that many other similarly situ- The controlling opinion, written by champions of the people hard hit by ated nonprofits receive. Thus, the bill Justice O’Connor, made it clear that it not only passes the test of constitu- Hurricane Sandy. was not sufficient that the publicly So what is the concern? tionality, it passes the test of basic de- Let’s start with the basics. This bill furnished materials be provided on a cency. would direct Federal taxpayer dollars nondiscriminatory basis; they must Indeed, to do otherwise would be to to the reconstruction of houses of wor- never be diverted to religious activi- single out churches for adverse treat- ship. The idea that taxpayer money ties. That is clearly not the case here. ment, which is in itself constitu- The majority has made a big issue of can be used to build a religious sanc- tionally suspect. respecting the Constitution. We read tuary or an altar has consistently been The Supreme Court held, Madam the Constitution at the beginning of Speaker, in Lukumi Babalu Aye v. City held unconstitutional. This is entirely different from gov- each Congress, and we are required to of Hialeah, that ‘‘at a minimum, the provide a statement of constitutional protections of the Free Exercise Clause ernment working with religious insti- tutions to deliver social services. authority when we introduce a bill. pertain if the law at issue discrimi- The SPEAKER pro tempore. The FEMA money, under the law this bill nates against some or all religious be- time of the gentleman has expired. liefs.’’ would amend, is already available to Mr. RAHALL. I yield the gentleman And in Employment Division v. those institutions. an additional minute. Smith, the Court held that under the FEMA Disaster Assistance Policy Mr. NADLER. But all of that means Free Exercise Clause, the State may 9521.1 states: very little if, when faced with a genu- not ‘‘impose special disabilities on the Just because a community center is oper- inely significant constitutional ques- ated by a religious institution does not auto- basis of religious views or religious sta- tion, the House gives it the bum’s rush. tus.’’ matically make it ineligible. In addition to worship services, many religious institutions This bill should be subject to hearings To continue to single houses of wor- in the Judiciary Committee, with input ship out for discrimination does not ex- conduct a variety of activities that benefit the community. Many of these activities are from constitutional scholars, and due press government neutrality; it ex- similar or identical to those performed by consideration of these significant con- presses government hostility. And secular institutions and local governments. stitutional issues, before we take such there’s no place for government hos- The law now permits funding to reli- a radical step. tility toward religion under our Con- gious institutions that provide those At the very least, for those who sup- stitution. services to the general public, on an port this bill, I would think that they I thank the gentleman for yielding. Mr. RAHALL. Madam Speaker, how equal basis with secular institutions would want to get it right, to ensure much time do I have remaining? doing the same work. Although the that it is not done in a way that would The SPEAKER pro tempore. The gen- title of this bill suggests otherwise, make it susceptible to successful legal tleman from West Virginia has 171⁄2 there is no unequal treatment of reli- challenge. I urge my colleagues to put minutes remaining. gious institutions. the brakes on this legislation until we Mr. RAHALL. Thank you. So what we are really talking about can review it with the care it deserves. I yield 4 minutes to the gentleman is whether we should be in the business Because I believe this bill to be un- from New York (Mr. NADLER). of using taxpayer money to build and constitutional, and because the con- (Mr. NADLER asked and was given rebuild houses of worship and rebuild stitutional issues have not been prop- permission to revise and extend his re- sanctuaries and altars that are not erly considered, I must reluctantly marks.) available for use to the general public. vote ‘‘no.’’

VerDate Mar 15 2010 01:53 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.019 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H468 CONGRESSIONAL RECORD — HOUSE February 13, 2013 I thank the gentleman for yielding. same as other nonprofit organizations be made available for FEMA assistance Mr. BARLETTA. Madam Speaker, I that are working to rebuild affected because this bill uses a predefined, ac- wish to yield 3 minutes to the gen- communities. cepted definition for what these facili- tleman from Virginia (Mr. GOODLATTE), I thank Congressman SMITH for in- ties are under section 501(c) of the In- chairman of Judiciary. troducing this legislation, and I urge ternal Revenue Code of 1986. This is Mr. GOODLATTE. I thank the gen- all Members to join with me to support how the IRS currently recognizes and tleman from Pennsylvania, the chair- this important clarification of existing provides tax benefits to houses of wor- man of the subcommittee, for his hard law. ship, and this definition will help pre- work on this legislation and the gen- Mr. RAHALL. Madam Speaker, I’m vent erroneous claims. tleman from New Jersey (Mr. SMITH) very honored to yield 3 minutes to a The concerns about promotion of re- for introducing it and leading this bi- cosponsor of the pending legislation, ligion are unfounded. Alan partisan effort to address what I think the gentlelady from New York (Ms. Derschowitz, a widely respected expert is a serious problem. MENG). on these issues, supports this bill on its I rise today in support of the Federal Ms. MENG. Madam Speaker, I rise constitutional grounds. He wrote that: Disaster Assistance Nonprofit Fairness today to strongly urge my colleagues Under precedents of the U.S. Supreme Act of 2013. to support H.R. 592, the Federal Dis- Court, religious institutions may receive Churches, synagogues, and also aster Assistance Nonprofit Fairness government aid if it is in the context of a houses of worship are essential to the Act of 2013. I want to also thank my broadly available program with criteria that are neutral toward religion and pose no risks fabric of communities throughout this colleague, Congressman CHRIS SMITH of great Nation. In times of need, it seems of religious favoritism. This is certainly the New Jersey, for his wonderful leader- case in the context of FEMA disbursing aid that faith and the charitable acts that ship on this issue. to repair buildings in the wake of a natural faith inspire are essential to rebuilding On October 29 of last year, Hurricane disaster. and healing our communities. When Sandy tore through New York City and The SPEAKER pro tempore. The disasters occur, like Hurricane Sandy its surrounding areas and left an un- time of the gentlewoman has expired. in the Northeast, it’s often houses of precedented amount of damage in its Mr. RAHALL. I yield the gentlelady worship whose faith calls them to wake. Homes burned to the ground, our an additional minute. spring into action to help their fellow communities were devastated, prop- Ms. MENG. Many of the groups op- man, to feed the hungry and house the erties flooded, and over 120 lives were posing this bill also oppose Nonprofit homeless. Faith inspires hope that lost. Rightfully so, one of the 113th Security Grant funding, historic pres- communities can become whole again. Congress’ first actions was ensuring ervation grants, and parochial school Every Member of Congress has seen that adequate funding was made avail- funding after Katrina. They oppose the good works and deeds that houses able to begin repairing the damage, and Federal assistance that helped rebuild of worship and nonprofit organizations I was happy to be part of that effort. the Trinity Parish Episcopal Church in do in our communities. There is no rea- The $60 billion in aid that Congress Seattle after an earthquake; aid made son that the Federal Government made available was a great start to re- available after the tragic Oklahoma should treat churches, synagogues, and building our communities and making City bombing in which money was houses of worship differently than them whole, but it was only a start. If made available to the First United other nonprofits in times of disaster. we as Members of Congress want our Methodist Church, First Baptist I want to note that the so-called affected communities to recover in the Church, St. Paul’s Episcopal Cathedral, ‘‘pervasively sectarian doctrine,’’ aftermath of any natural disaster, we and St. Joseph’s Catholic Church. This which absolutely prohibited any aid to must ensure that FEMA public assist- is not precedential; this is taking care pervasively sectarian organizations ance grants are available to help re- of our constituents and their needs, our such as churches, is no longer sup- build all institutions that are vital to a most important task in Congress. ported by Supreme Court precedent. community’s way of life. Congress erred by not including an While that doctrine was a central part H.R. 592 is a bipartisan bill. It would important part of our communities in of Supreme Court jurisprudence during allow houses of worship, such as these rebuilding efforts, and I hope we the 1970s when the Supreme Court churches, synagogues, temples, or can correct that today. handed down decisions cited by oppo- mosques, to receive the fair treatment DIOCESE OF ROCKVILLE CENTRE, nents of this bill, including Tilton v. they deserve. The bill places these vital Rockville Centre, NY, February 11, 2013. Richardson in 1971, Hunt v. McNair in community institutions on the same Hon. CHRIS SMITH, 1973, and Committee for Public Edu- playing field as other private non- House of Representatives, cation v. Nyquist, also 1973, it is no profits that are already eligible for Washington, DC. DEAR REPRESENTATIVE SMITH: A few weeks longer controlling, as the pervasively FEMA disaster relief. This bill provides sectarian doctrine was subsequently re- ago I wrote to your office to call your atten- no new funds. It sets forth no dif- tion to the sad situation of houses of worship jected by a majority of the Supreme ference, no favoritism, no promotion of that were severely damaged by Hurricane Court in the 1999 case of Mitchell v. religion; it simply provides for the Sandy. At that time I could cite Catholic Helms. Indeed, as the Congressional community and its well-being. churches and Jewish synagogues who had Research Service concluded in its De- Facilities that already are able to been told that FEMA would not offer them cember 27, 2000, report to Congress: apply for funding include zoos, muse- grants to re-build their place of worship but In its most recent decisions, the Supreme ums, community centers, and homeless only loans. Court appears to have abandoned the pre- Today I learned that you plan to offer in shelters, and it is important that Congress a bill that would offer houses of sumption that some religious institutions houses of worship not be discriminated are so pervasively sectarian that they are worship the same access to disaster relief as constitutionally ineligible to participate in against when they need our help. These other community centers. I write to thank you for doing this as well direct public aid programs. It also seems houses are vital community centers as to add my voice of support for just such a clear that the question of whether a recipi- that serve so many of our constituents. correction of a previous position that surely ent institution is pervasively sectarian is no The centers’ existence, safety, and abil- does not reflect either our traditions or our longer a constitutionally determinative fac- ity to serve should not be infringed current realities. Houses of worship have tor. upon, especially because the funds are been one of the first centers of response Today’s legislation is important be- available under our broadly available across Long Island. The Sunday after Sandy cause it will ensure that houses of wor- program without regard to the reli- I visited the four parishes most damaged by ship are treated equitably to other pri- gious nature of these facilities. Indeed, the storm where I witnessed in parish halls vate nonprofit facilities, and that they to deny FEMA relief to these impor- without heat or electricity two signs of hope: are eligible for Federal Emergency tant institutions would be to discrimi- faithful people worshipping and the same Management Agency disaster relief and nate against them because they are re- faithful people reaching out to one another emergency assistance. I am glad that to share food, clothing and other necessities ligious institutions, in violation of the even when their own homes had been de- we are acting today to clarify that First Amendment to our Constitution. stroyed. FEMA should treat churches, syna- Not every facility, home, or place To discriminate against houses of worship gogues, and all houses of worship the that engages in religious activity will would be a mark of sectarianism that denies

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the generosity of the people who helped one UJA FEDERATION OF NEW YORK, Accordingly, UJA-Federation supports pas- another and narrows the American spirit to New York, NY. sage of H.R. 592. an arbitrary sectarianism. Please know that MEMORANDUM OF SUPPORT FOR H.R. 592 NIVERSITY OF IRGINIA my parishioners, my priests and all the vol- EQUAL TREATMENT OF HOUSES OF WORSHIP U V unteers in our various outreach centers are SCHOOL OF LAW, Houses of worship for all faiths are a cru- Charlottesville, VA, February 12, 2013. one with me in support of your bill. cial part of the New York region’s fabric and Re H.R. 592. WILLIAM MURPHY, while they have always been beacons of sup- Bishop of Rockville Centre. port, comfort and community resources, Hon. CHRIS SMITH, since Hurricane Sandy New Yorkers have Hon. GRACE MENG, AMERICAN JEWISH COMMITTEE, needed these institutions more than ever. House of Representatives, Washington, DC, February 12, 2013. These organizations are an essential part of Washington, DC. Re H.R. 592. neighborhoods and enable rites of passage, DEAR REP. SMITH AND REP. MENG: I write to support your efforts to include places of DEAR REPRESENTATIVE: We write on behalf community gatherings, charitable activities worship in federal relief efforts in response of AJC (American Jewish Committee) to en- and are sources of comfort and prayer. In the to Hurricane Sandy. As Professor Dershowitz dorse the necessity and constitutionality of face of lost homes and distressed property, has already explained, there is no constitu- legislation to ensure that FEMA provides disruption of employment opportunities and tional obstacle to including places of wor- disaster-relief assistance to houses of wor- dislocated families, houses of worship have ship in this measure, which is entirely neu- ship and other facilities on an equal footing helped many find stability and fulfillment in an uncertain time. In the aftermath of tral and very broadly applicable. with analogous not-for-profit organizations. The Supreme Court has permitted govern- We do not support such legislation lightly, Sandy, as with so many other natural disas- ters, churches, synagogues and other houses ment funds to flow without discrimination since AJC usually opposes direct government to broad categories of schools, including reli- aid to pervasively religious institutions, of worship have been places offering essen- tial response services to people in need—even gious schools (Zelman v. Simmons-Harris). such as houses of worship. AJC has a long while the church, mosque or synagogue itself And when a university undertook to sub- record of opposing aid to pervasively reli- is damaged. sidize publications, the Court has actually gious institutions as an ingredient of the Toward that end, UJA-Federation is proud required government funds to flow without separation of church and state that is an es- to have funded close to $1 million to 76 syna- discrimination to a broad category that in- sential component in the protection of our gogues to help these institutions support cluded religious publications (Rosenberger v. religious liberties. Nevertheless, we believe their communities through respite and relief University of Virginia). disaster relief is constitutionally different. and enlisted dozens of volunteers to help re- Charitable contributions to places of wor- First, disaster relief, such as the ongoing build damaged buildings. Our efforts have ship are tax deductible, without significant efforts following Hurricane Sandy, presents made a significant impact at synagogues in- controversy, even though the tax benefits to special circumstances that do not amount to cluding West End Temple in Belle Harbor, the donor are like a matching grant from the a transfer of the costs of operating a place of Queens, Congregation Khal Yeraim in Sea government. These deductions have been worship from the collection plates to the Gate, Brooklyn and The Jewish Russian uncontroversial because they are included taxpayer, a core concern of the Framers Learning Center in Staten Island and these without discrimination in the much broader when they authored the First Amendment’s houses of worship have helped the Jewish category of all not-for-profit organizations prohibition on government establishment of and broader communities in the neighbor- devoted to charitable, educational, religious, religion. It is instead a form of social insur- hoods they are serving. or scientific purposes. ance in which society shares the burden of Each of these synagogues serves as vital The neutral category here is equally broad. recovering from extraordinary disasters. hubs of community providing physical, spir- To include places of worship in disaster re- There is a strong societal interest in aiding itual and emotional shelter for community lief is neutral; to exclude them would be af- those who have suffered damage from such a members. That said, during Hurricane firmatively hostile. There is no constitu- broad-sweeping event, even institutions that Sandy, many of the synagogues suffered se- tional obstacle to including them. for compelling constitutional and policy rea- vere damage and lack the resources to re- Very truly yours, sons would not otherwise be eligible for gov- build. UJA-Federation while helping houses DOUGLAS LAYCOCK. ernment assistance. of worship serve individuals in need does not Second, houses of worship are not uniquely have the resources to support capital needs. CAMBRIDGE, MA. beneficiaries of the aid—a wide variety of Many houses of worship function similar to Hon. CHRIS SMITH, not-for-profit institutions are eligible for aid other non-profits by providing day care pro- Hon. GRACE MENG, under the existing statutory framework, in- gramming, schooling for children and youth, House of Representatives, cluding zoos and museums. These latter are senior centers and resource centers for immi- Washington, DC. DEAR REPRESENTATIVES SMITH AND MENG: I undeniably important social institutions, grants. These services are the lifeblood for write to express my support for your legisla- but it is clearly the case that houses of wor- communities. Houses of worship have worked tion (H.R. 592) which will ensure that ship play at least as important a role in pro- closely with elected officials and government churches, synagogues, mosques and other viding essential response services to people on city, state and federal levels to coordi- houses of worship damaged in Hurricane in need. Disaster relief is thus available nate disaster relief efforts to the benefit of Sandy will be eligible to receive federal dis- under religiously neutral criteria, which the entire community. The Stafford Act provides that private aster relief funds to repair their facilities on leave no room for discretionary or discrimi- nonprofit entities—such as schools, hospitals the same terms as other, similarly situated, natory judgments of the sort that generate and community centers—damaged in a nat- private nonprofit organizations. Establishment Clause concerns. ural disaster may receive financial grants While the Establishment Clause of the For these reasons, we support in principle from FEMA to repair their buildings. The First Amendment properly restricts govern- the goal to which H.R. 592 is directed. Act does not list houses of worship among its ment funds flowing to religious institutions, We do wish to note how we read the pro- list of examples of nonprofits so eligible; nei- this restriction is not absolute. Under prece- posed language in Section 3(b), lines 15–16, ther does the Act exclude houses of worship dents of the U.S. Supreme Court, religious that makes eligible for aid a ‘‘house of wor- in any way. To the extent that FEMA has institutions may receive government aid if it ship and a private nonprofit facility operated provided aid to eligible programs run by is in the context of a broadly available pro- by a religious organization . . . without re- houses of worship, the aid has not been pro- gram with criteria that are neutral toward gard to the religious character of the facility vided on the same terms as the aid provided religion and pose no risks of religious favor- or the primary use of the facility.’’ (empha- to other eligible nonprofits. It is, therefore, itism. This is certainly the case in the con- sis supplied) We read this section, as we be- entirely appropriate for FEMA’s aid program text of FEMA disbursing aid to repair build- lieve it is intended; as meaning that an oth- for private nonprofits to assist houses of ings in the wake of a natural disaster. erwise qualified institution is not disquali- worship with their rebuilding needs. Once FEMA has the policy in place to aid fied from aid merely because it is religious, Current Supreme Court jurisprudence various nonprofit organizations with their and that in its implementation, FEMA must makes clear that religious institutions may building repairs, houses of worship should apportion aid between secular and religious receive government financial aid in the con- not be excluded from receiving this aid on functions. text of a broad program administered on the the same terms. This is all the more appro- Thank you for your consideration of our basis of religion neutral criteria. This is why priate given the neutral role we have wit- views. houses of worship and other religious non- nessed houses of worship play, without re- Respectfully, profits can, and do, currently receive grants gard to the religion of those affected, in the MARC D. STERN, from the Department of Homeland Security wake of Sandy and countless previous disas- Director of Legal Ad- to improve their security and the Interior ters. Federal disaster relief aid is a form of vocacy. Department for historic preservation. social insurance and a means of helping bat- RICHARD T. FOLTIN, Numerous houses of worship have suffered tered communities get back on their feet. Director of National financially from this crisis and federal fund- Churches, synagogues, mosques and other and Legislative Af- ing would significantly alleviate the effects houses of worship are an essential part of the fairs. of building damage and their contents. recovery process.

VerDate Mar 15 2010 01:53 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A13FE7.010 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H470 CONGRESSIONAL RECORD — HOUSE February 13, 2013 I hope Congress will move quickly to enact quirement of separation of church and state, houses of worship have been there to help. your legislation. in this case we don’t agree. Recovery from a Following the terrorist attacks of September Sincerely, natural disaster like Hurricane Sandy isn’t a 11, 2001, churches, relief organizations and ALAN DERSHOWITZ, matter of state sponsoring religion. It’s a Christian organizations went into emergency Felix Frankfurter Professor of Law, matter of helping those in need after one of response mode sending help in the form of Harvard Law School. the worst natural disasters our country has money, food, supplies and volunteers. When ever seen. Katrina struck Louisiana, it was religious AGUDATH ISRAEL OF AMERICA, Under such extraordinary and painful cir- entities that helped the victims and refugees Washington, DC, February 12, 2013. cumstances, houses of worship should be eli- despite being affected by the storm as well. Re FEMA Aid and Religious Institutions. gible to receive aid on the same basis as all This is just as true with the recent Hurri- Hon. CHRISTOPHER H. SMITH, other non-profits damaged by the hurricane. cane Sandy that struck our Eastern sea- House of Representatives, We applaud you for your leadership on this board. Washington, DC. matter and are happy to lend our support to Houses of worship across the Northeast in- DEAR REPRESENTATIVE SMITH: On behalf of your bill. cluding many faiths and denominations were Agudath Israel of America, a national Ortho- Sincerely, among the private nonprofit facilities that dox Jewish organization, I write to congratu- CHRISTINE C. QUINN, sustained damage. However, it was the late you on sponsoring H.R. 592, the Federal Speaker. churches, synagogues, mosques, temples, and Disaster Assistance Nonprofit Fairness Act PETER F. VALLONE, JR., other houses of worship throughout commu- of 2013, which is intended to make clear that Chair, Public Safety nities in New York, New Jersey, Con- houses of worship and other religious insti- Committee. necticut, and elsewhere that provided relief tutions are eligible to receive FEMA disaster FERNANDO CABRERA, to many individuals while the federal gov- relief on an equal footing with other eligible Council Member. ernment seemingly did little. nonprofits. A vote on the measure is sched- The Federal Emergency Management Mr. BARLETTA. Madam Speaker, Agency’s (FEMA) own policies allow for uled for this week. how much time do I have remaining? Over the years—most recently, during Hur- grants to nonprofit organizations where citi- ricane Sandy—Agudath Israel has been en- The SPEAKER pro tempore. The gen- zens are known to gather and engage in a va- gaged in helping to ensure that religious in- tleman from Pennsylvania has 71⁄2 min- riety of educational, enrichment, and social stitutions obtain a full measure of FEMA aid utes remaining. activities. However, it is internal FEMA pol- for the repair and restoration of their dis- Mr. BARLETTA. Madam Speaker, I icy that does not believe houses of worship are worthy of the same type of relief. aster-damaged facilities. Unfortunately, due wish to yield 11⁄2 minutes to the gen- to unnecessary and unfair limitations placed H.R. 592 is consistent with recent prece- tleman from Pennsylvania (Mr. PITTS). dents of the Supreme Court of the United on how and when disaster assistance may be States and legal opinions issued by the Office provided specifically to religious entities— b 1250 of Legal Counsel of the Department of Jus- including houses of worship and religious Mr. PITTS. Madam Speaker, I’m tice. We strongly urge your vote for this nec- schools—this has been an ongoing challenge. pleased to speak on behalf of my friend essary legislation. Without the much needed aid, they often Mr. SMITH’s sensible legislation to help Sincerely, face staggering costs that make rebuilding TOM MCCLUSKY, prohibitive. rebuild communities destroyed by Hur- There is no reason to treat religious enti- ricane Sandy. Senior Vice President. ties in this manner. Supreme Court deci- Federal assistance is intended to Mr. RAHALL. How much time do I sions, as well as executive action, in recent make communities whole; and if we have remaining, please, Madam Speak- years that have allowed federal aid to go to leave behind ruined houses of worship, er? religious institutions when the assistance is we’re taking the soul out of those The SPEAKER pro tempore. The gen- made broadly available and is distributed on 1 places. Churches, synagogues, and tleman from West Virginia has 8 ⁄2 min- a religion-neutral basis—as the FEMA pro- other houses of worship are an essen- utes remaining. gram does. Mr. RAHALL. I yield 5 minutes to Religious institutions are an integral part tial piece of any community. They pro- of American communities and play an im- vide shelter in storms, assistance to the gentleman from Virginia (Mr. portant role in assisting devastated neigh- the needy, and support for families. SCOTT). borhoods revitalize and rebuild. After nat- And they provide essential services and Mr. SCOTT of Virginia. Madam ural disasters, they provide both material support to people of all faiths. Speaker, I thank the gentleman for and nonmaterial help to those in need. They In previous disasters, including yielding. should be treated like other vital nonprofits Katrina, the Seattle earthquake and I rise in opposition to H.R. 592, the and receive federal assistance without preju- Federal Disaster Assistance Nonprofit dice or discrimination. the Oklahoma City bombing, the Fed- eral Government has extended assist- Fairness Act of 2013, which would add Sincerely yours, ‘‘houses of worship’’ to the list of eligi- RABBI ABBA COHEN. ance to places of worship. Areas af- fected by Sandy should be no different. ble entities that can receive direct gov- THE COUNCIL OF THE CITY I’m a strong supporter of the First ernment assistance from FEMA. While OF NEW YORK Amendment, and I believe that this as- the devastation caused to many com- New York, NY, February 12, 2013. sistance is completely compatible with munities after Hurricane Sandy is se- Hon. GRACE MENG, our Constitution. Assistance will be vere, and while I empathize with the Congress Member, House of Representatives, desire to assist all who have suffered Washington, DC. distributed without prejudice against any particular religion. Government severe losses, direct government fund- Hon. CHRIS SMITH, ing for houses of worship, whether for Congress Member, House of Representatives, cannot endorse religion, but that does Washington, DC. not mean we should discriminate building or rebuilding, remains uncon- DEAR CONGRESS MEMBERS MENG AND SMITH: against those of faith during a time of stitutional. The establishment clause in the First We are writing in support of H.R. 592, the disaster. Recovery cannot be consid- Federal Disaster Assistance Nonprofit Fair- Amendment protects religious freedom ered successful if sacred places of our ness Act of 2013. This important legislation by preventing the government from en- community are left empty. will ensure that houses of worship affected dorsing and funding any one religion— by Hurricane Sandy will be eligible to re- FAMILY RESEARCH COUNCIL, or all religions. And while well in- Washington, DC, February 12, 2013. ceive assistance from FEMA to rebuild their tended, this bill would violate years of damaged properties. At stake are the inter- U.S. REPRESENTATIVE, ests of New Yorkers in the many neighbor- Washington, DC. precedents interpreting the establish- hoods that were hit hard by Sandy. DEAR REPRESENTATIVE: On behalf of the ment clause. Churches, synagogues and mosques serve Family Research Council (FRC) and the fam- In Committee for Public Education v. as a bedrock for our citizens and our commu- ilies we represent, I am writing today in Nyquist, a 1973 case which upheld the nities. They not only provide places for peo- strong support of H.R. 592, the ‘‘Federal Dis- principles of Everson v. Board of Edu- ple to worship but operate after-school pro- aster Assistance Nonprofit Fairness Act of cation, from 1947, the U.S. Supreme grams, food pantries, and other critical serv- 2013’’ by Reps. Chris Smith (R–NJ) and Grace Court held that no taxpayer funds Meng (D–NY). H.R. 592 would ensure that ices. Many of the churches, synagogues and could be used for maintenance and re- mosques that were damaged by the hurricane houses of worship would not be denied the are now facing great difficulty reopening same relief offered to other entities fol- pair of facilities in which religious ac- their doors. lowing a major storm or disaster. tivities take place, explaining: Although we understand that some oppose Following every disaster, natural and man If the State may not erect buildings in this change due to the constitutional re- made that has hit the United States, our which religious activities are to take place,

VerDate Mar 15 2010 05:50 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A13FE7.011 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE February 13, 2013 CONGRESSIONAL RECORD — HOUSE H471 it may not maintain such buildings or ren- therefore, H.R. 592 clearly violates the worship are treated unequally—singled out ovate them when they fall into disrepair. principles prohibiting direct govern- among all other non-profits—therefore, is Accordingly, longstanding precedent ment grants to religious institutions. untrue. specifically holds that taxpayer funds It also violates any possible exemption Although houses of worship may serve a central role in the lives of their congregants, cannot go to construct, rebuild or re- that could be available under the the- it is impossible to see how the prayer and pair buildings used for religious activi- ory of neutrality—the standards in this worship conducted in these sacred buildings ties. The type of buildings that this bill bill applicable to houses of worship are is equivalent to the essential, government- seeks to make eligible for direct gov- different from the standards for other like activities in facilities that would be eli- ernment funding—houses of worship— entities. gible for government grants. It would be a are inherently used for religious activi- While I’m in favor of constitutionally dangerous precedent to equate religious wor- ties and the bill would have the effect permissible ways to assist churches ship with the vital services government pro- of unconstitutionally funneling tax- that have been damaged by natural dis- vides. And while houses of worship may host educational and social activities, only com- payer money for religious activities. asters, this bill clearly does not do so in a constitutionally permissible way; munity centers that are open to the general Other cases have also upheld the public on a nondiscriminatory basis, serve precedent established in Everson v. and for this reason, I must oppose the the entire community (not just Board of Education and have further bill and urge my colleagues to instead congregants), and are used for a range of dif- clarified the application of the estab- work together to ensure that all enti- ferent activities are eligible for a FEMA lishment clause to cases of direct reli- ties affected by Hurricane Sandy can grant. gious funding. In Tilton v. Richardson, be assisted in an expeditious and con- In the aftermath of Hurricane Katrina, the the Supreme Court unanimously held stitutionally permissible manner. Bush administration directed that houses of worship would remain ineligible for FEMA that a government subsidy used to con- AMERICAN CIVIL LIBERTIES UNION, funds. The Bush administration respected Washington, DC, February 12, 2013. struct buildings at colleges and univer- longstanding Supreme Court precedent and Re Oppose H.R. 592, the so-called Federal sities was constitutional but only if continued to adhere to this constitutional Disaster Assistance Nonprofit Fairness the buildings were never used for reli- requirement. Churches, synagogues, Act of 2013. gious activities. mosques, and temples were damaged in In Hunt v. McNair, 1973, the Supreme DEAR REPRESENTATIVE: On behalf of the Katrina just as they were in Sandy. As an or- American Civil Liberties Union (ACLU), a Court upheld a South Carolina law ganization whose offices were closed for non-partisan organization with more than a weeks as a result, we very much understand which established an ‘‘educational fa- half million members, countless additional the serious difficulties faced by people who cilities authority’’ that issued bonds to activists and supporters, and 53 affiliates na- were impacted by superstorm Sandy—so tionwide dedicated to the principles of indi- finance construction and renovation of many of our friends and colleagues in New vidual liberty and justice embodied in the facilities at educational institutions York and New Jersey continue to deal with U.S. Constitution, we are writing to urge you was upheld because it included a condi- its aftermath. But, the harm would be com- to vote ‘‘No’’ on H.R. 592 when the measure tion that government-financed build- pounded if this misfortune were used as a comes up on the suspension calendar on reason to erode fundamental religious lib- ings could never be used for religious Wednesday. This bill, which would authorize erty protections enshrined in the First worship or instruction. FEMA to provide houses of worship with di- Amendment. All of these cases firmly establish rect grants of taxpayer funds, would flout Religious liberty is one of our nation’s that it is constitutionally impermis- longstanding constitutional law and harm most fundamental values and it starts from sible for the government to provide di- religious liberty. the principle that religion thrives when both rect subsidization of religious institu- The Supreme Court has recognized that the First Amendment was devised to pro- religion and government are safeguarded tions for the construction, repair or from the undue influences of the other. Bar- maintenance of any building that is, or hibit ‘‘[t]he imposition of taxes to . . . build and maintain churches and church prop- ring federal funds for the rebuilding of even might be, used for religious pur- erty,’’ because such funding is an affront to houses of worship is not discriminatory or poses. Houses of worship clearly fall ‘‘individual religious liberty.’’ Accordingly, hostile to religion—it is one of the most fun- within this category of buildings and longstanding Court precedent specifically damental ways we have to protect and de- based on a long line of Supreme Court holds that taxpayer funds cannot go to con- fend religious liberty for all. Indeed, the Es- cases cannot be publicly funded and struct, rebuild, or repair buildings used for tablishment Clause protects religious free- dom by preventing the government from en- cannot be recipients of direct grant religious activities—which clearly includes houses of worship. The Court has never re- dorsing and funding any one religion—or all funding. religions. Now, there are constitutional ways treated from this bedrock Establishment Clause principle. In fact, the Supreme Court Because H.R. 592 would flout longstanding to assist churches along with other continues to recognize ‘‘special Establish- constitutional law and harm religious lib- community organizations. Loan pro- ment Clause dangers where the government erty, we urge you to oppose the measure and grams, such as the government-spon- makes direct money payments to sectarian vote ‘‘No’’ when the measure comes up on sored small business loan programs institutions,’’ which is exactly the use of the suspension calendar on Wednesday. available to any business in a commu- taxpayer funds at issue here. And in a vari- Please contact Legislative Counsel Dena Sher if you have questions or comments nity, could also be used by churches. ety of bills over the past several decades, Congress has prohibited the use of funds to about our concerns. Such loan programs have been upheld Sincerely, as constitutional so long as they are construct buildings used for religious pur- poses. Indeed, in the American Recovery and LAURA W. MURPHY, both neutral on their face and in their Reinvestment Act, Congress again recog- Director, Washington application and so long as their pur- nized this prohibition and limited green con- Legislative Office. pose is not to aid religious institutions struction funding to buildings in which sec- DENA SHER, specifically. ular activities take place. Legislative Counsel. In Mitchell v. Helms, 2000, the Su- Under current policy, houses of worship preme Court held that loan programs may obtain government loans—just not di- AMERICANS UNITED FOR rect grants—to rebuild. All for-profit busi- SEPARATION OF CHURCH AND STATE, for religious institutions are allowable Washington, DC, February 12, 2013. in some cases. However, such programs nesses and non-profit organizations—includ- ing houses of worship—are eligible to par- Re Oppose H.R. 592, the Federal Disaster As- are distinguishable from grants and are ticipate in the SBA Disaster Loan Program. sistance Nonprofit Fairness Act of 2013. further distinguishable from the direct Houses of worship, therefore, are not without DEAR REPRESENTATIVE: Americans United funding of church facilities that are, or government help to rebuild. Moreover, writes to express our strong opposition to may be, used for religious purposes. houses of worship are not the only non-profit H.R. 592, the Federal Disaster Assistance The opinion included that: facilities that would otherwise be ineligible Nonprofit Fairness Act of 2013, which will be Of course, we have seen special establish- for direct grants for reconstruction. Only debated on the House floor tomorrow, ment clause dangers when money is given to non-profits with facilities used for emer- Wednesday, February 13. The sole purpose of religious schools or entities rather than indi- gency, essential, and government-like activi- the bill is to authorize the Federal Emer- rectly. ties are eligible for grants. Thus, FEMA gency Management Agency (FEMA) to issue grants are not the same as ‘‘general govern- direct grants to fund the rebuilding of houses Justice O’Connor noted the Court’s ment services,’’ like police or fire, which are of worship. We oppose this bill because such ‘‘continued recognition of the special available to every business, nonprofit, pri- funding would violate the Constitution and dangers associated with direct money vate residence, and house of worship. To say represent a significant shift in longstanding grants to religious institutions.’’ Now, that the policy is unfair or that houses of federal policy. Indeed, the George W. Bush

VerDate Mar 15 2010 05:50 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.025 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H472 CONGRESSIONAL RECORD — HOUSE February 13, 2013 Administration followed the policies of the protections—exemptions, accommodations, one of its main areas of focus. From issues of Reagan, George H.W. Bush, and Clinton Ad- and tax deductions. Restrictions on govern- religious accommodation and religious dis- ministrations when it disallowed FEMA ment funding of religion is also a special pro- crimination to defending fundamental con- grants for the rebuilding of ‘‘houses of wor- tection—they protect the conscience of the stitutional rights of free exercise and the ship’’ after Hurricane Katrina. individual taxpayer, safeguard the autonomy separation of church and state, HAF has edu- As someone who was born and raised at the of the religious institution, and ensure an cated Americans at large about various as- Jersey shore and whose parents are still equal playing field for all religions by pro- pects of Hindu belief and practice in the con- making repairs to their home and cleaning hibiting the government from playing favor- text of religious liberty, either as a party to up after the storm, I certainly appreciate the ites. the case or an amicus curiae. These have in- needs the community faces. But, I also rec- For the reasons listed above, we urge you cluded a successful suit against the State of ognize that the Constitution places certain to oppose H.R. 592. South Carolina over a special Christian li- limits on the government’s ability to fund Sincerely, cense plate mandated by the state’s legisla- houses of worship. The Tilton/Nyquist line of MAGGIE GARRETT, ture, and amicus briefs filed before the U.S. Supreme Court cases firmly establish that it Legislative Director. Supreme Court in cases involving the public is constitutionally impermissible for the display of the Ten Commandments and legis- government to provide aid for the construc- HINDU AMERICAN FEDERATION, lative prayer in which the county allowed tion and repair of houses of worship. In ac- Washington, DC, February 12, 2013. only those prayers which invoked a Judeo- cordance with these cases, ‘‘the State may Re Please Oppose H.R. 592, the Federal Dis- Christian deity. not erect buildings in which religious activi- aster Assistance Nonprofit Fairness Act HAF seeks to be a resource for your office ties are to take place’’ and ‘‘it may not of 2013. with regards to matters involving the Estab- maintain such buildings or renovate them lishment Clause. Please feel free to reach out DEAR REPRESENTATIVE, We at the Hindu when they fall into disrepair.’’ us should you need further clarification to The rule set down by the Supreme Court in American Foundation (HAF), a 501(c)(3) ad- the facts presented in this letter. these cases remains controlling law as nei- vocacy organization, write to express our Respectfully, deep concern about H.R. 592, the Federal Dis- ther they, nor the principle behind them, SUHAG A. SHUKLA, ESQ., have ever been overruled in any subsequent aster Assistance Nonprofit Fairness Act of Executive Director/Legal Counsel. Supreme Court decision. To the contrary, in 2013, sponsored by Congressman Chris Smith its more recent cases examining the con- (R–NJ). The act provides for direct grants to BAPTIST JOINT COMMITTEE stitutionality of government aid to religious fund the rebuilding of ‘‘houses of worship.’’ FOR RELIGIOUS LIBERTY, institutions, the Supreme Court has main- We believe such funding violates the Con- Washington, DC, February 12, 2013. tained that direct money grants create ‘‘spe- stitution and represents a significant shift in Re Oppose H.R. 592, the Federal Disaster As- cial Establishment Clause dangers.’’ Con- longstanding federal policy. As such, HAF sistance Nonprofit Fairness Act of 2013. opposes H.R. 592. gress too just recently recognized the appli- DEAR REPRESENTATIVE: On behalf of the We believe constitutionally problematic cability of this precedent when it limited Baptist Joint Committee for Religious Lib- because the Supreme Court has long held green construction funding in the Recovery erty (BJC), a 76-year-old agency dedicated to that taxpayer funds cannot go to construct, Act to buildings in which secular activities defending and extending religious freedom take place. rebuild, or repair buildings used for religious for all, I am writing to express our opposi- Furthermore, proponents’ claims that activities, including houses of worship with- tion to H.R. 592, to be considered on the floor Tilton and Nyquist are inapplicable and that out invoking ‘‘special Establishment Clause tomorrow, Wednesday, February 13. The Congress should instead look to free speech dangers.’’ In fact, the controlling law pro- BJC, supported by fifteen national Baptist forum and in-kind aid cases must be re- scribing such funding was set down by the bodies and hundreds of congregations and in- jected. The Supreme Court has squarely held Supreme Court in three major cases—Tilton dividual supporters, believes religion is best that free speech forum cases are inapposite v. Richardson, Hunt v. McNair, and Com- served when it is neither advanced nor inhib- to federal aid cases and that money grants mittee for Public Education v. Nyquist. Even ited by government. H.R. 592, which would are distinct from in-kind funds. Congress has recognized the applicability of authorize FEMA to provide houses of wor- It is also important to note that houses of this precedent when green construction fund- ship with direct grants of taxpayer funds, worship, like most non-profit organizations ing in the Recovery Act was limited to build- would flout well-established constitutional and businesses, are eligible for government ings in which secular activities take place. principles and harm religious liberty. loans—just not direct grants—to rebuild. In Past administrations, from George W. Bush The First Amendment’s Establishment addition, houses of worship are not the only to Ronald Reagan, have also all recognized Clause prohibits government from providing nonprofits that are ineligible for direct that direct financial support to build and re- outright grants or similar financial support grants for reconstruction. To the contrary, construct houses of worship raises serious to churches and other houses of worship. Su- only nonprofits with facilities that are used Establishment Clause concerns. preme Court jurisprudence has been clear on for emergency, essential, and government- There are some government grant pro- this point, having repeatedly reaffirmed the like activities are eligible. And, eligible fa- grams that benefit other non-profit facili- principle that direct monetary contributions cilities, such as community centers, must ties, such as the Stafford Act. But these of taxpayer dollars to religious institutions also be open to the general public. To say grants are limited to only ‘‘educational, util- create ‘‘special Establishment Clause dan- that houses of worship are singled out among ity, irrigation, emergency, medical, rehabili- gers.’’ Simply put, we do not allow taxpayer all other non-profits, therefore, is untrue. It tation, and temporary or permanent custo- dollars to build churches; we likewise should is similarly inaccurate to claim that FEMA dial’’ facilities,’’ and ‘‘any private nonprofit not allow taxpayer dollars to be used to re- grants should be extended to houses of wor- facility that provides essential services of a build churches. ship because the grants are akin to ‘‘general governmental nature to the general public.’’ The damage wrought upon the Northeast government services,’’ such as police or fire. Even among potentially eligible facilities, by Hurricane Sandy is an instance in which FEMA grants—unlike general government there are prohibitions on funding structures our moral and humanitarian instincts may services—are not available to every business, used for religious purposes. That houses of seem at odds with the constitutional require- nonprofit, private residence, or other build- worship are amongst non-profit facilities ment of no-establishment. Happily, we have ing. which sustain damage and destruction ways to empathize with and provide aid to Although it may not seem easy in times of wrought by natural disasters, is a sad re- churches and other religious organizations tragedy to tell those seeking aid that they ality. However, providing direct funding for damaged by the terrible storm. Repairs may are ineligible for government grants, the bar rebuilding, as Sec 3 of H.R. 592 seeks to do, be financed by denominational efforts, pri- on the government rebuilding of houses of would be unprecedented, would unnecessarily vate foundation grants and contributions of worship is an important limitation that ex- entwine government with religion, and ulti- the faithful. Additionally, insurance pro- ists to protect religious freedom for all. It mately would threaten the autonomy of reli- ceeds are available for rebuilding efforts, and upholds the fundamental principle that no gion. churches and houses of worship may be eligi- taxpayer should be forced to fund a religion This is not to suggest that houses of wor- ble to obtain low-interest, long-term loans with whom he or she disagrees and that the ship are not deserving or in need of assist- under the Small Business Administration government should never support building ance after a natural disaster; only that di- disaster loan program for damages not cov- (‘‘establishing’’ religion in its most basic rect federal funding should not be granted ered by insurance. form) religious sanctuaries. And, it protects for such uses. There are many government Natural disasters and other times of crisis against the government favoring, or creating loans, which houses of worship could apply serve as a call to action for citizens of faith. the perception of favoritism for, certain reli- for should they choose. The SBA Disaster When we answer that call using voluntary, gions over others. Loan Program, for example, provides loans private donations, we reflect the very best of Houses of worship are special in our coun- of up to $2 million to cover losses that are America’s longstanding commitment to reli- try and our constitution. They are both the not fully covered by insurance, and they can gious liberty for all. Public funding of houses place where worship takes place, and, be used to reconstruct or repair property of worship threatens to undermine religious adorned with religious symbols and iconog- damaged after a disaster. autonomy and impermissibly involve govern- raphy, are themselves expressions of wor- Since its inception, the Hindu American ment in the private affairs of religious bod- ship. Accordingly, they are accorded special Foundation (HAF) has made legal advocacy ies. It is simply not a good idea—however

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Madam Speaker, I the same terms. yield 2 minutes to the gentlewoman they had given their all with their leaking roof, their non-resources to This is all the more appropriate from Texas (Ms. JACKSON LEE). given the neutral role that we have Ms. JACKSON LEE. Madam Speaker, give food in a place that these people could stay. witnessed houses of worship play with- I absolutely agree with my colleagues out regard to religion to those afflicted of the necessity of an absolute firewall So in this instance, having walked through a number of disasters, from in the wake of Sandy and countless around the protection of the First previous disasters. Amendment. And I do believe that the tragedy of 9/11, a heinous manmade disaster, to every hurricane that we’ve Federal disaster relief aid in the form Members understand the sacred aspect of social insurance and other means of of freedom of religion and the separa- had, including the tsunami way across the ocean, to see what a natural dis- helping battered communities get tion of church and state. them back on their feet. Churches, syn- But I rise today to support H.R. 592, aster can do and to preclude these places who can legitimately docu- agogues, mosques, and other houses of and I support it so that it can be con- worship are an essential part of the re- sidered by the Senate and that we can ment—I would even suggest that it be on a reimbursement form. But we can covery process. reinforce the distinctive separation be- Madam Speaker, religious liberty work together so that we can docu- tween church and state. But coming scholar Professor Douglas Laycock of ment that what these dollars are used from Hurricane, if you will, Valley, the University of Virginia School of for will be used for the restoration of coming from the gulf, living through Law wrote a letter endorsing H.R. 592 the physical plant that houses or al- Hurricane Rita and Hurricane Katrina, and said in part: the pain I saw that places of worship, lows those who are Americans, who pay taxes, and are contributing to this Na- Charitable contributions to places of wor- of any kind, were devastated, the mem- ship are tax deductible without significant bers are taxpayers. And for all that we tion. controversy, though the tax benefits to the could do, we could never get those I ask my colleagues to consider H.R. donor are like a matching grant from the places to be restored. 592 and how we can make it better so government. These deductions have been The small business loan program that it can go forward and help the uncontroversial because they’re included does not work because many of our places of worship. without discrimination in a much broader category of all not-for-profit organizations churches are just that, they give their Mr. BARLETTA. Madam Speaker, I yield 4 minutes to the gentleman from devoted to charitable, educational, religious, money to the poor. They are not rich or scientific purposes. The neutral category institutions. That is the bulk of places New Jersey (Mr. SMITH). Mr. SMITH of New Jersey. I thank here is equally broad; to include places of of worship no matter what your faith worship in disaster relief is neutral. To ex- may happen to be. my good friend for yielding, and I clude them would be affirmatively hostile. And as the Federal Emergency Man- thank the gentlelady from Texas for There is no constitutional obstacle to includ- agement Agency does, in fact, support her very strong and passionate re- ing them. nonprofits, I would argue to the au- marks. That is according to Professor thors of this bill whether or not they I especially again want to thank Con- Laycock of the University of Virginia would be open to ensure that the fund- gresswoman MENG for her excellent School of Law, a preeminent expert on ing is specifically for the devastation statement and her support and cospon- these matters. that occurred on that specific natural sorship of this important bill. Madam Speaker, houses of worship disaster, that there was a time limit, Let me just say a couple of points to are an integral, irreplaceable part of that there were specific items of which my colleagues. First of all, I will be the contour and fabric of our commu- the church—or the place of worship, let submitting for the RECORD a very fine nities. Like any other private non- me be general—could utilize it for. analysis by the Becket Fund for Reli- profit organization, their recovery is I come to the floor because I have gious Liberty, an outstanding public essential to the recovery of neighbor- lived the pain of pastors, I have lived interest law firm that has done yeo- hoods, towns, and States. They should the pain of rabbis, imams and priests man’s work throughout the country on not be excluded from Federal programs who have suffered the devastation of religious liberty. that ensure community recovery, espe- their faith. It is not a fault of their It’s a statement to us as Members of cially since they so selflessly provide own. Congress by its leaders. It points out assistance to all in need. The SPEAKER pro tempore. The first not only does the Establishment In conclusion, Madam Speaker, this time of the gentlewoman has expired. Clause provide no support for FEMA’s legislation has been backed by a num- Mr. RAHALL. Madam Speaker, the practice of discriminating against ber of important organizations, includ- gentlewoman is making such a persua- houses of worship, that practice itself ing the Union of Orthodox Jewish Con- sive case, I yield her all the balance of runs afoul of the First Amendment by gregations of America, the United my time. discriminating against religious insti- States Conference of Catholic Bishops, The SPEAKER pro tempore. The gen- tutions. the National Association of tlewoman is recognized for 11⁄2 minutes. Second, the bill you have proposed Evangelicals. Ms. JACKSON LEE. I thank the dis- will not lead to Establishment Clause The SPEAKER pro tempore. The tinguished gentleman for his kindness. violations because no act of Congress time of the gentleman has expired. Let me thank the ranking member can purport to repeal the First Amend- Mr. BARLETTA. I yield the gen- very much. ment. Arguments to the contrary are tleman an additional 30 seconds. I think we can make this work. And constitutional scaremongering. Mr. SMITH of New Jersey. Just to I also want to just mention an anec- Eric Rassbach and Daniel Blomberg underscore for my colleagues the broad dotal story: when we had Hurricanes have authored again a very important support that this has, the American Katrina and Rita, the places of worship contribution to this debate. Jewish Committee has also supported opened their doors to the surviving Madam Speaker—and Ms. MENG men- it, the Family Research Council. As I members out of Louisiana or survivors tioned this earlier and it bears repeat- said earlier, the Becket Fund and so out of Louisiana and just opened their ing—in letters of support for H.R. 592, many others have written very exten- doors. Harvard Professor Alan Dershowitz sive remarks in favor of it. concludes: I do hope there will be very strong b 1300 Religious institutions may receive govern- support for this important legislation. They had leaking roofs. They were ment aid if it is in the context of a broadly It’s a matter of inclusion to stop cur- damaged. But in Texas, they opened available program with criteria that are neu- rent-day, present-day exclusion.

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MEMORANDUM ing religion. (Tilton v. Richardson, 403 U.S. and many other examples abound. To: Interested Parties 672 (1971), and Committee for Public Educ. v. Therefore, a federal disaster relief program From: Nathan J. Diament, Exec. Director of Nyquist, 413 U.S. 756 (1973)). which includes houses of worship among its Public Policy In addition, the opponents of fair inclusion eligible grantees cannot be materially dis- Date: February 6, 2013 of houses of worship would contend that to tinguished from other aid programs that are Re Legal Analysis Supporting Including the extent that it is possible to distinguish constitutional under longstanding prece- Houses of Worship, Among Private Non- between the religious and secular, any gov- dents establishing that religious institutions profit Facilities, Eligible for Federal Dis- ernmental effort to separate out the facili- are fully entitled to receive widely available aster Relief Funds Administered by ties and functions that engage in exclusively government benefits and services. FEMA Under the Stafford Act. religious activities could well involve the B. DISASTER RELIEF AND REPAIR GRANTS ARE kind of monitoring of a religious entity oth- ‘‘GENERAL GOV’T SERVICES’’ Conclusion: The Establishment Clause does erwise prohibited by the Establishment not bar the award of federal grants to It is highly significant that eligibility for Clause. Opponents would again cite Tilton houses of worship for the repair of facili- FEMA’s public assistance grants extends to and Nyquist, which imposed certain restric- ties damaged in a natural disaster, in the a broad class of beneficiaries, defined with- tions on the government’s provision of con- context of the Stafford Act’s ‘‘private non- out reference to religion and including both struction, maintenance, and repair aid to profit facility’’ aid program. public and private institutions. Ever since properties used by religious educational in- 1947, the year of its decision in Everson, the I. stitutions. Supreme Court has indicated that religious A. BACKGROUND As the following discussion will dem- institutions are entitled to receive ‘‘general The Robert T. Stafford Disaster Relief and onstrate however, in the context of disaster government services’’ made available on the Emergency Assistance Act provides that the response and relief, these contentions are in- basis of neutral criteria. 330 U.S. at 17. Federal Emergency Management Agency consistent with current constitutional juris- Everson held that the Establishment Clause (FEMA) may provide funding, through its prudence. does not bar students attending religious Public Assistance program, to restore facili- II schools from receiving generally available school busing services provided by the gov- ties of certain private nonprofit organiza- A. GENERAL CONSTITUTIONAL PERSPECTIVE tions which were damaged in a natural dis- ernment. In reaching its decision, the Court A proper reading of Supreme Court deci- aster. 42 U.S.C. 5122, 5172. explained that even if the evenhanded provi- sions and jurisprudence developed in the dec- The private nonprofit organizations eligi- sion of busing services increased the likeli- ades since Tilton and Nyquist clearly lead to ble for such aid include those which provide hood that some parents would send their the conclusion that providing federal grants ‘‘critical services’’ (ie: utilities, hospitals children to religious schools, the same could to houses of worship, among many types of and schools) and those which provide ‘‘essen- be said of other ‘‘general state law benefits’’ nonprofits, as part of a broad disaster relief tial services’’ (ie: museums, community cen- that were even more clearly constitutional program, is constitutionally acceptable. ters, libraries, day care centers and more). because they were equally available to all Most notably, the Supreme Court’s ruling in The Stafford Act does not explicitly include citizens and far removed from the religious Mitchell v. Helms, 550 U.S. 793 (2000), explic- or exclude houses of worship from eligibility function of the school. Id. at 16. As examples, itly undermined the continued application of for public assistance. In its regulations and the Court cited ‘‘such general government Tilton and Nyquist. policies, FEMA has imposed restrictions on services as ordinary police and fire protec- First, Congress may legitimately conclude eligibility for aid to houses of worship. tion, connections for sewage disposal, public that the federal government has a secular in- FEMA excludes facilities whose ‘‘primary highways and sidewalks,’’ concluding: terest in aiding a community’s recovery use’’ is religious from eligibility. ‘‘cutting off church schools from these It is worth noting an illustrative example from a natural disaster, that repairing dam- services, so separate and so indisputably of FEMA’s unequal policy. One eligible cat- aged private nonprofit facilities is an essen- marked off from the religious function, egory of nonprofit providing ‘‘essential serv- tial component of that recovery and that would make it far more difficult for the ices’’ is community centers. FEMA policy houses of worship are among those nonprofit schools to operate. But such is obviously not defines these entities as ‘‘a gathering place facilities which should be aided. the purpose of the First Amendment. That Second, the public assistance grants are for a variety of social, educational . . . and Amendment requires the state to be a neu- not an isolated initiative designed to aid re- community service activities.’’ FEMA policy tral in its relations with groups of religious ligion—it is but one part of a much larger describes a broad array of activities that fit believers and non-believers; it does not re- legislative effort to assist a disaster stricken this definition—but excludes a facility that quire the state to be their adversary. State region with its recovery. In this critical way, hosts the very same activities if that facility power is no more to be used so as to handicap it is quite distinguishable from the targeted and those activities are in a house or wor- religions, than it is to favor them.’’ aid programs considered in the Tilton and ship in a religious context. Id. at 17–18. See also id. at 16 (‘‘[The state] FEMA’s exclusion of houses of worship Nyquist cases. cannot exclude individual Catholics, Third, the aid to houses of worship is with- from eligibility cannot be exclusively on Lutherans, Mohammedans, Baptists, Jews, in the context of the Stafford Act’s broader constitutional grounds because, as noted, Methodists, Non-believers, Presbyterians, or provision of aid to nonprofit entities. In this FEMA awards aid to religious entities that the members of any other faith, because of respect, inclusion of houses of worship is operate what it deems to be eligible non- their faith, or lack of it, from receiving the consistent with many existing and past ex- profits. FEMA’s exclusion is also not on stat- benefits of public welfare legislation. . . . amples of inclusion of religious institutions utory grounds as the statute does not explic- [W]e must be careful, in protecting the citi- in broader infrastructure improvement and itly exclude houses of worship. zens of New Jersey against state-established FEMA’s policy is unfair, discriminatory federal aid programs. Notable examples of churches, to be sure that we do not inadvert- and not required by constitutional jurispru- such programs include: ently prohibit New Jersey from extending its i) the Interior Department’s ‘‘Save Amer- dence. general state law benefits to all its citizens ica’s Treasures’’ program provides grants for B. POSSIBLE CONSTITUTIONAL CONCERNS without regard to their religious belief.’’). the repair and maintenance of historically Federal disaster aid is analogous to aid Those who would contend that providing significant properties, which have included that qualifies as ‘‘general government serv- government funds for the repair of houses of the Boston’s Old North Church and New- ices’’ approved by the Court in Everson. worship is barred by the Constitution would port’s Touro Synagogue; As the Supreme Court explained in Widmar argue that a two-part rule governs direct fi- ii) FEMA awards disaster relief grants to v. Vincent, 454 U.S. 263, 274 (1981), ‘‘[t]he pro- nancial support of religious institutions. repair facilities under the Stafford Act, 42 vision of benefits to so broad a spectrum of First, that direct aid may be given to ‘‘non- U.S.C. 5121–5206, damaged in natural disas- groups is an important index of secular ef- pervasively sectarian’’ religious institutions, ters to religious institutions including, for fect.’’ Accord Zobrest v. Catalina Foothills Sch. provided the aid is not used to fund specifi- example, a Seattle parochial school; Dist., 509 U.S. 1, 8 (1993) (‘‘we have consist- cally religious activity and is channeled ex- iii) following the Oklahoma City bombing, ently held that government programs that clusively to secular functions. Second, that Congress authorized FEMA and other federal neutrally provide benefits to a broad class of there are institutions—‘‘pervasively sec- agencies to provide disaster relief funds to citizens defined without reference to religion tarian’’ institutions—in which ‘‘religion is so houses of worship on the same basis as all are not readily subject to an Establishment pervasive that a substantial portion of other nonprofit facilities; Clause challenge’’); Board of Educ. of Kiryas [their] functions are subsumed in the reli- iv) the California Missions Preservation Joel Village Sch. Dist. v. Grumet, 512 U.S. 687, gious mission.’’ (Hunt v. McNair, 413 U.S. 734, Act, P.L. 108–420 (Nov. 30, 2004), authorizes 704 (1994) (‘‘we have frequently relied explic- 743 (1973)). The opponents would further con- federal grants for restoring colonial era mis- itly on the general availability of any ben- tend that, because houses of worship would sions in California, many of which are still efit provided religious groups or individuals qualify as ‘‘pervasively sectarian’’ institu- used for religious worship; in turning aside Establishment Clause chal- tions, in which the ‘‘secular and religious v) Congress has overwhelmingly authorized lenges’’). Thus, the aid here is closely analo- functions’’ are ‘‘inextricably intertwined,’’ grants for security upgrades for nonprofits, gous to the provision of ‘‘general’’ govern- the government may not provide direct aid including houses of worship, under the De- ment aid like that sanctioned by the Court to them ‘‘with or without restrictions,’’ be- partment of Homeland Security’s UASI pro- in Everson. See also Church Arson Prevention cause the aid will inevitably end up advanc- gram; Act of 1996, Pub. L. No. 104–155, 110 Stat. 1392

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As Justice Brennan expressed the instruction or as a place for religious wor- stitutes a symbolic union between govern- point in Texas Monthly: ‘‘Insofar as [a] sub- ship,’’ but invalidated such grants insofar as ment and religion.’’ Similarly, in the 1970s sidy is conferred upon a wide array of non- the program permitted funding the construc- the Court held that the state could not pro- sectarian groups as well as religious organi- tion of buildings that might someday be used vide any ‘‘substantial aid to the educational zations in pursuit of some legitimate secular for such activities. See 403 U.S. at 675, 683 function of [religious] schools’’ reasoning end, the fact that religious groups benefit in- (plurality opinion) (citations omitted). The that such aid ‘‘necessarily results in aid to cidentally does not deprive the subsidy of Court concluded that a 20–year limitation on the sectarian school enterprise as a whole.’’ the secular purpose and primary effect man- the statutory prohibition on the use of build- Meek v. Pittenger, 421 U.S. 349, 366 (1975); ac- dated by the Establishment Clause.’’ 489 U.S. ings for religious activities was insufficient cord Wolman v. Walter, 433 U.S. 229, 250 (1977). at 14–15 (plurality opinion) (footnote omit- because ‘‘[i]f, at the end of 20 years, the In Agostini and Mitchell, however, the Court ted). building is, for example, converted into a expressly abandoned that view, overruling When viewed in the context of disaster re- chapel or otherwise used to promote reli- Meek and Wolman. See Agostini, 521 U.S. at sponse, Walz v. Tax Commission, 397 U.S. 664 gious interests, the original federal grant 225; Mitchell, 530 U.S. at 808, 835–36 (plurality (1970), strongly supports this conclusion. will in part have the effect of advancing reli- opinion); id. at 837, 851 (O’Connor, J., concur- There the Court rejected an Establishment gion.’’ Id. The Court therefore held that the ring in judgment). In addition, other por- Clause challenge to a property tax exemp- religious use restriction had to run indefi- tions of Nyquist have been substantially nar- tion made available not only to churches, nitely. Id. but to several other classes of nonprofit in- Similarly, Nyquist involved a program that rowed or overruled. As the Court stated in stitutions, such as ‘‘hospitals, libraries, provided maintenance and repair grants to Zelman, ‘‘[t]o the extent the scope of Nyquist playgrounds, scientific, professional, histor- religious elementary and secondary schools. has remained an open question in light of ical, and patriotic groups.’’ Id. at 673; see also The grants at issue were limited to 50 per- these later decisions, we now hold that id. at 667 n.1. In upholding the tax exemp- cent of the amount spent for comparable ex- Nyquist does not govern neutral educational tion, the Court relied in part upon its penses in the public schools, but the Court assistance programs that, like the program breadth: the exemption did ‘‘not single[] out invalidated the program. ‘‘No attempt [was] here, offer aid directly to a broad class of in- one particular church or religious group or made to restrict payments to those expendi- dividual recipients defined without regard to even churches as such,’’ but rather was tures related to the upkeep of facilities used religion.’’ 536 U.S. at 662. available to ‘‘a broad class of property owned exclusively for secular purposes,’’ the Court Perhaps more important, recent Supreme by nonprofit, quasi-public corporations.’’ Id. stated, and the 50 percent restriction would Court decisions have brought the demise of at 673. As the Court stated in reference to not necessarily prevent rehabilitation of en- the ‘‘pervasively sectarian’’ doctrine that Everson, if ‘‘buses can be provided to carry tire religious schools. 413 U.S. at 774. The comprised the basis for numerous decisions and policemen to protect church school pu- Court thus concluded that such aid would from the 1970s, such as Tilton and Nyquist. As pils, we fail to see how a broader range of po- have the effect of advancing religion, in vio- noted above, that doctrine held that there lice and fire protection given equally to all lation of Lemon’s second prong. Id. are certain religious institutions in which churches, along with nonprofit hospitals, art These holdings have been severely undermined religion is so pervasive that no government galleries, and libraries receiving the same and limited. See Mitchell v. Helms, 530 U.S. 793, aid may be provided to them, because their 856–57 (2000) (O’Connor, J., concurring in tax exemption, is different for purposes of performance of even ‘‘secular’’ tasks will be judgment). the Religion Clauses.’’ Id. at 671. Thus, just infused with religious purpose. That doc- A broad reading and application of Tilton as a broad category of beneficiary institu- trine, however, no longer enjoys the support tions was sufficient to sustain the inclusion and Nyquist does not apply here for several reasons. First, Tilton and Nyquist are in con- of a majority of the Court. Four Justices ex- of religious institutions in the tax benefit in pressly abandoned it in Mitchell, see 530 U.S. Walz—which, after all, substantially bene- siderable tension with a more recent line of cases holding that the Free Speech Clause at 825–29 (plurality opinion), and Justice fitted churches’ property—the breadth of pro- O’Connor’s opinion in that case set forth rea- grams funded in the Stafford Act weighs does not permit the government to deny reli- gious groups equal access to the government’s soning that is inconsistent with its under- heavily in favor of the constitutionality of lying premises, see id. at 857–58 (O’Connor, J., including houses of worship. own property, even where such groups seek to use the property ‘‘for purposes of religious concurring in judgment, joined by Breyer, J.) C. NO RISK OF PERCEIVED ENDORSEMENT OF worship or religious teaching.’’ Widmar v. (requiring proof of actual diversion of public RELIGION Vincent, 454 U.S. 263, 265 (1981). See Lamb’s support to religious uses to invalidate direct No reasonable observer would perceive an Chapel v. Center Moriches Sch. Dist., 508 U.S. aid to schools and explaining that ‘‘presump- endorsement of religion in the government’s 384, 394 (1993); Capital Square Rev. & Advisory tions of religious indoctrination are nor- evenhanded provision of funds to repair a Bd. v. Pinette, 515 U.S. 753 (1995); Good News mally inappropriate when evaluating neutral house of worship damaged in a natural dis- Club v. Milford Central Sch., 533 U.S. 98 (2001); school-aid programs under the Establish- aster such as Hurricane Sandy. See Mitchell, see also Westside Community Bd. of Educ. v. ment Clause’’). See also Columbia Union Col- 530 U.S. at 842–44 (O’Connor, J., concurring in Metgens, 496 U.S. 226 (1990). Providing reli- lege v. Oliver, 254 F.3d 496, 502–04 (4th Cir. judgment). While it is true that in a nar- gious groups with access to property is a 2001) (explaining that the pervasively sec- rower direct aid program one could argue form of direct aid, and allowing such groups tarian test is no longer valid in light of the that if a school ‘‘uses the aid to inculcate re- to conduct worship services plainly ‘‘ad- holdings of six Justices in Mitchell). Justice ligion in its students, it is reasonable to say vances’’ their religious mission. The Court, O’Connor rejected the view that aid provided that the government has communicated a however, has consistently refused to permit to religious primary and secondary schools message of endorsement,’’ Id. at 843, that is (let alone require) state officials to deny will invariably advance the schools’ religious not the case in the context of this broader churches equal access to public school prop- purposes, and that view is the foundation of disaster relief effort. A presumption of gov- erty on the basis of these officials’ argument the pervasively sectarian doctrine. ernmental endorsement is not present where ‘‘that to permit its property to be used for Such was the reasoning and conclusion the aid is provided to a wide array of public religious purposes would be an establishment and private entities for the sake of recovery reached by a federal district court in a cur- of religion.’’ Lamb’s Chapel, 508 U.S. at 394. rent case highly analogous to the FEMA aid from a disaster and where the government is The Supreme Court’s Establishment Clause indifferent to the religious or secular ori- program—American Atheists Inc. v. City of De- jurisprudence has greatly evolved since the troit DDA, 503 F.Supp.2d 845 (2007). There, entation of the facility’s function. Moreover, Court’s decisions in Tilton and Nyquist were we think a reasonable observer—one in- plaintiffs challenged Detroit’s ‘‘Fac¸ade Im- rendered, and many of the legal principles provement Plan’’ under which the city pro- formed about the purpose, history, and that supported those decisions have been dis- vided funds to buildings in a particular sec- breadth of the program, see Zelman, 536 U.S. carded. In 1985, for example, the Court struck tion of downtown in order to improve their at 655—would understand that the federal down programs under which the government appearance for the Superbowl which was to government is not paying for religious activ- provided religious and other schools with be held in the city. Three churches received ity; it is paying to help devastated commu- teachers who offered remedial instruction to such grants and this was challenged in the nities recover. That is not an endorsement of disadvantaged children. See Aguilar v. Felton, lawsuit. The federal court concluded that the religion. 473 U.S. 402 (1985); School Dist. of Grand Rap- program was available to a broad array of D. DISTINCT FROM TILTON AND NYQUIST ids v. Ball, 473 U.S. 373 (1985). The Court rea- buildings and its grant criteria were religion Opponents will contend that the Supreme soned that teachers in the program might neutral and the FIP was thus constitutional. Court’s decisions in Tilton and Nyquist, which ‘‘become involved in intentionally or inad- involved construction and maintenance aid vertently inculcating particular religious te- For all of these reasons, Tilton and Nyquist to religious schools, should be read to sup- nets or beliefs.’’ Ball, 473 U.S. at 385. In do not control the question at issue in the port the conclusion that FEMA aid to houses Agostini v. Felton, 521 U.S. 203, 223 (1997), how- case of FEMA’s public assistance aid to pri- of worship violates the Establishment ever, the Court overruled Aguilar and sub- vate nonprofit facilities, including houses of Clause. We disagree. stantial portions of Ball, explaining that the worship.

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E. SINGLING OUT FAITH-RELATED ENTITIES FOR It should be noted that in the aftermath of NJ STATE ASSOCIATION EXCLUSION RUNS COUNTER TO A PROPER AP- a natural disaster houses of worship often OF JEWISH FEDERATIONS, PLICATION OF THE ESTABLISHMENT CLAUSE play an irreplaceable role in the recovery of February 11, 2013. In recent years, Justice Breyer has a community. Discrimination that treats Hon. CHRISTOPHER H. SMITH, insightfully invoked the balanced and prac- houses of worship as ineligible for federal as- House of Representatives, tical approach to the Establishment Clause sistance in the wake of a natural disaster, Washington, DC. previously championed by Justices Goldberg beyond being a legal violation, hurts the DEAR CONGRESSMAN SMITH: The N.J. State Association of Jewish Federations and its and Harlan. In Van Orden v. Perry, 545 U.S. very communities most affected by the in- eleven constituent federations and their net- 677 (2005), Justice Breyer wrote that ‘‘the discriminate force of nature. Court has found no single mechanical for- work of affiliated and beneficiary agencies The best approach to address questions of mula that can accurately draw the constitu- are pleased to acknowledge your leadership tional line in every case. See School Dist. of eligibility for houses of worship is a perma- in introducing H.R. 592, the Federal Disaster Abington Township v. Schempp, 374 U.S., at 306 nent clarification of federal law. For this Assistance Nonprofit Fairness Act. We sup- (1963) (concurring opinion). Where the Estab- reason we support your bill and ask that it port the legislation which would authorize lishment Clause is at issue, tests designed to be adopted by Congress. those houses of worship impacted and dev- astated by Hurricane Sandy to receive as- measure ‘‘neutrality’’ alone are insufficient, Sincerely, sistance through the recently enacted Sandy both because it is sometimes difficult to de- MOST REVEREND WILLIAM relief funding. termine when a legal rule is ‘‘neutral,’’ and E. LORI, Archibishop of Balti- Our houses of worship, as with other faith because ‘‘untutored devotion to the concept based institutions, play a crucial role every of neutrality can lead to invocation or ap- more, Chairman, USCCB Ad Hoc day providing stability, comfort and serving proval of results which partake not simply of as a community resource. With the hurri- that noninterference and noninvolvement Committee for Reli- gious Liberty. cane’s impact still very much in evidence for with the religious which the Constitution our state, we have needed houses of worship commands, but of a brooding and pervasive MOST REVEREND DENIS J. MADDEN, more than ever to ease the path of recovery devotion to the secular and a passive, or for community and each of their individual even active, hostility to the religious.’’ Ibid. Auxiliary Bishop of Baltimore, Chair- members. Even though the church, mosque, In proceeding to rule that a display of the temple or synagogue may have been phys- Ten Commandments on the grounds of the man, USCCB Com- mittee for Ecumeni- ically damaged, houses of worship continue State of Texas’ capitol was acceptable, Jus- to provide essential response services to peo- tice Breyer argued that, in so many of these cal and Interreli- gious Affairs. ple in need. cases, context matters. Thus, ‘‘to reach a Jewish Federations in those areas that suf- contrary conclusion here [and declare the fered most from Sandy’s might assisted their display to violate the Establishment Clause], UNION OF ORTHODOX JEWISH CON- synagogues and congregants to overcome the based primarily upon on the religious nature GREGATIONS OF AMERICA, INSTI- immediate crisis through financial aid, res- of the tablets’ text would, I fear, lead the law TUTE FOR PUBLIC AFFAIRS, pite and relief while securing dozens of vol- to exhibit a hostility toward religion that DEAR REPRESENTATIVES SMITH AND MENG: unteers to help rebuild damaged buildings in has no place in our Establishment Clause We write to express our strong support for the greater local community. The Jewish traditions.’’ Federation of Monmouth County, as one of If we apply Justice Breyer’s principled the Federal Disaster Assistance Nonprofit Fairness Act of 2013. Your legislation will en- the communities hardest hit by the hurri- pragmatism to the issue at hand, if Congress cane, the relief funding provided by it and its and the President decide to appropriate bil- sure the fair and equal treatment for houses of worship damaged in Hurricane Sandy and partner Federations in the state have en- lions of dollars to help private nonprofits re- abled Monmouth to meet a wide array of future natural disasters. build after a natural disaster, but also deter- human service needs in the county. Their ap- mine to deliberately exclude houses of wor- The Stafford Act provides that private proach has been strategic, identifying both ship when they otherwise meet the relevant nonprofit entities—such as schools, hos- short-term and long-term needs and disloca- criteria, such a decision would be the very pitals, museums and community centers— tions following the storm, empowering our exhibition of hostility toward religion that damaged in a natural disaster may receive partners in their efforts to respond, and con- the Justices have inveighed against pursuing financial grants from FEMA to repair their necting those who could most benefit to in the name of the Establishment Clause. buildings. The Act does not list houses of these resources. Most importantly, the Fed- In the wake of Hurricane Sandy and every worship among its list of examples of non- eration has been proactive in spreading word major disaster within recent memory— profits so eligible; neither does the Act ex- throughout Monmouth County that the Jew- churches, synagogues and other houses of clude houses of worship in any way. ish community is here to help in storm re- worship have been essential in a commu- covery efforts. nity’s recovery and response effort. Even In the aftermath of Sandy, as with so Jewish Family and Children Service orga- while the church may have its HVAC system many other natural disasters, churches, syn- nizations replaced lost clothing, provided destroyed it will welcome the homeless. agogues and other houses of worship have gift cards for food, counseled Sandy victims Even while the synagogue may have been been places offering essential response serv- easing their anxiety and emotional pain and flooded, it will feed the hungry. ices to people in need—even while the church made available flexible repayment loans to Basic fairness and principles of non- or synagogue itself is damaged. help families and businesses recover. The discrimination, let alone compassion, should It is, therefore, entirely appropriate for Jewish Federation of Greater Metro West compel Congress and the Executive Branch FEMA’s aid program for private nonprofits has provided $50,000 to JFS agencies to assist to change policy and declare houses of wor- to assist houses of worship with their re- with the medium and long term needs. ship eligible for disaster relief assistance ad- Chabad of Hoboken received $5,000 for coun- ministered by FEMA. building needs. Moreover, if houses of war- ship are excluded from this otherwise reli- seling assistance, while federation is also de- gion neutral program—that unfair treatment veloping a partnership with Union Beach, a UNITED STATES CONFERENCE OF community outside their catchment area would be improper anti-religious discrimina- CATHOLIC BISHOPS, AD HOC COM- and will provide $10,000 toward relief efforts tion. MITTEE FOR RELIGIOUS LIBERTY, there. Washington, DC, February 11, 2013. Current Supreme Court jurisprudence Many of our synagogues suffered severe Hon. CHRIS SMITH, makes clear that religious institutions may damage and lack the resources to rebuild. House of Representatives, Rayburn House Office receive government financial aid in the con- Jewish Federations, while helping houses of Building, Washington, DC. text of a broad program administered on the worship serve individuals in need, do not DEAR REPRESENTATIVE SMITH: As the House basis of religion neutral criteria. This is why have the resources to support capital needs. of Representatives prepares to consider H.R. houses of worship and other religious non- Assistance from the Jewish Federation of 592, the Federal Disaster Assistance Act, we profits can, for example, currently receive Monmouth County helped ‘‘Chabad of the write in support of the legislation, which grants from DHS to improve their security Shore’’ roof and carpet repaid, as well as pro- would ensure the fair and equal treatment and the Interior Department for historic viding plywood to cover vulnerable windows. for houses of worship damaged in a natural preservation. Temple Shalom in Aberdeen had roof damage disaster. which was repaired through Federation as- Your legislation is consistent with Su- Your legislation clarifying the Stafford sistance. There were a number of other simi- preme Court jurisprudence, which recognizes Act is consistent with these precedents and lar actions of relief provided by the Mon- the right of religious institutions to receive policies and we urge the House of Represent- mouth federation. public financial aid in the context of a broad atives to pass this measure as soon as pos- This is not only the Jewish community ex- program administered on the basis of reli- sible. perience, but one shared with houses of wor- gion-neutral criteria. The bill is not asking Thank you, ship of all religions. It is entirely appro- for special treatment, just equal treatment YEHUDA NEUBERGER. priate for FEMA’s aid program for private that conforms to constitutional protections. NATHAN DIAMENT. nonprofits to assist houses of worship with

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their rebuilding and community outreach NATIONAL ASSOCIATION In conclusion, once again we thank you for needs. OF EVANGELICALS, your leadership and advocacy and we look For all the reasons stated, herein, the pas- February 12, 2013. forward to seeing the passage of H.R. 592. sage of H.R. 592 will bring equity in a time of Hon. CHRIS SMITH, Sincerely yours, crisis and will recognize the unselfish sac- Hon. GRACE MENG, RABBI YISROEL SCHENKOLEWSKI, rifices made by our houses of worship in re- House of Representatives, Dean. sponse to an event that left devastation in Washington, DC. its wake and tragic consequences for its vic- DEAR REPRESENTATIVES SMITH AND MENG: THE JEWISH FEDERATIONS tims. Accordingly, the NJ State Association Thank you for your efforts to correct a mis- OF NORTH AMERICA, of Jewish Federations is pleased to support guided policy of the Federal Emergency Washington, DC, February 11, 2013. the enactment of the Federal Disaster As- Management Agency (FEMA) that currently Hon. JOHN A. BOEHNER, sistance Nonprofit Fairness Act. bars houses of worship from receiving federal Speaker of the House of Representatives, Capitol Sincerely, disaster assistance for rebuilding damaged Building, Washington, DC. RUTH COLE, structures. Your work to insure that govern- Hon. NANCY PELOSI, President. ment assists private nonprofit entities, in- House Democratic Leader, House of Representa- JACOB TOPOREK, cluding houses of worship, in an evenhanded tives, Capitol Building, Washington, DC. Executive Director. way is very much appreciated. In any major natural disaster, churches, DEAR SPEAKER BOEHNER AND LEADER DIOCESE OF TRENTON, synagogues and other houses of worship play PELOSI: The Jewish Federations of North Trenton, NJ, February 11, 2013. indispensable roles in providing comfort and America (JFNA) is writing to express our Hon. CHRIS SMITH, relief to those who have experienced loss. support for H.R. 592, the Federal Disaster As- Rayburn House Office Building, House of Rep- They bring food, water, clothing and other sistance Nonprofit Fairness Act. This bill, resentatives, Washington, DC. essential supplies to those who are stranded scheduled to be on the suspension calendar DEAR CONGRESSMAN SMITH: I understand or displaced. They care for the wounded and this coming Wednesday, February 13, 2013 that you will soon be presenting a bill to comfort the bereaved. Our communities are and co-sponsored by Representatives Chris Congress which would provide federal fund- stronger because they are there. Smith (R–NJ) and Grace Meng (D–NY), will ing in the form of grants to houses of wor- When the houses of worship themselves ensure the fair and equal treatment for ship which were devastated by the hurricane have been damaged, the effects are often felt houses of worship damaged in Hurricane last October. far beyond the membership. When an impor- Sandy. I applaud your efforts and offer my full tant part of the community infrastructure is JFNA is the national organization that support for this bill. Volunteers from the damaged, the entire community suffers. represents and serves 154 Jewish Federations Catholic churches as well as other denomina- Many times, churches continue serving their and 300 independent Jewish communities tions were on the front line with food, cloth- communities even after their own buildings across North America. In their communities, ing, shelter and other basic necessities as have been destroyed. Jewish Federations and volunteers in the soon as the storm passed. They were surely FEMA does not violate the establishment central address for fundraising and an exten- the first responders and just as surely will be clause when it administers a religion-neutral sive network of Jewish health, education and there as long as they are needed. To exclude program of support for the rebuilding of social services. In response to Hurricane houses of worship from which these volun- community infrastructure. In fact, if reli- Sandy Jewish Federations have raised al- teers have come is a grave injustice. gious organizations are specifically excluded most $7 million in direct Sandy-related relief On behalf of the clergy, religious and lay when comparable secular organizations are and allocated almost $11 million to Sandy people who live and work within the Diocese included, the government’s practice would be victims in Connecticut, New Jersey and New of Trenton, I thank you for being our advo- discriminatory. This is the clear conclusion York. cate and for taking the initiative to intro- of Supreme Court jurisprudence, and is con- duce this bill on behalf of all faith commu- The Stafford Act provides that private sistent with current federal practice in the nities. nonprofit entities—such as schools, hospitals Department of Homeland Security and the Sincerely, and community centers—damaged in a nat- Interior Department. ural disaster may receive financial grants MOST REVEREND DAVID M. Thank you for your leadership in working from FEMA to repair their buildings. The O’CONNELL, C.M., to restore fairness to FEMA disaster assist- Bishop of Trenton. Act does not list houses of worship among its ance. list of examples of nonprofits so eligible; nei- Sincerely, CONGREGATION SONS OF ISRAEL, ther does the Act exclude houses of worship. GALEN CAREY, To the extent that FEMA has provided aid to Lakewood, NJ, February 12, 2013. Vice President, Government Relations. Hon. CHRISTOPHER H. SMITH, eligible programs run by houses of worship, Rayburn House Office Building, House of Rep- the aid has not been provided on the same BAIS KAILA TORAH PREPARATORY terms as the aid provided to other eligible resentatives, Washington, DC. HIGH SCHOOL FOR GIRLS, DEAR CONGRESSMAN SMITH: As the House of nonprofits. Lakewood, NJ, February 12, 2013. Representatives prepares to consider H.R. In the aftermath of Sandy, as with so Hon. CHRISTOPHER H. SMITH, 592, the Federal Disaster Assistance Non- many other natural disasters, churches, syn- Rayburn House Office Building, House of Rep- profit Fairness Act, we write in support of agogues and other houses of worship are lo- resentatives, Washington, DC. the important legislation that you have in- cations where essential response services DEAR CONGRESSMAN SMITH: I hope that all troduced. Thank you for your effort to en- is well with you and your family. With your have been provided to people in need—even sure the fair and equal treatment for houses introduction of H.R. 592, the Federal Dis- while the church or synagogue itself has suf- of worship in the aftermath of this dev- aster Assistance Nonprofit Fairness Act, we fered extensive damage. It is, therefore, en- astating natural disaster. see that you are again taking the initiative tirely appropriate for FEMA’s aid program It is universally acknowledged that houses to do what is right, especially considering for private nonprofits to assist houses of of worship play a central role in the recovery worship with their rebuilding needs. More- of a community in the aftermath of any nat- that houses of worship are always at the forefront of the recovery process when com- over, if houses of worship are excluded from ural disaster. Faith-based volunteers are the this otherwise religion neutral program— first responders providing aid and comfort to munities are hit with natural disasters. It is therefore very appropriate that they be able that unfair treatment would be improper those who have lost so much, and they per- anti-religious discrimination. Additionally, severe with their efforts as long as help is to participate on an equal footing with other nonprofits in receiving federal aid, as a for almost 30 years, it has been FEMA’s mis- needed. To exclude the houses of worship sion to lead America to prepare for, prevent, from where these volunteers have come from means of helping damaged communities get back on their feet. respond to, and recover from domestic disas- government assistance would be a grave in- ters. This has led to FEMA’s provision of dis- justice. As I understand it, the Federal Emergency Management Agency is charged with ensur- aster-related aide to parochial schools dam- Discrimination that treats houses of wor- aged by earthquakes. ship as ineligible for federal assistance in the ing that communities are prepared for nat- Current Supreme Court jurisprudence wake of a natural disaster, beyond being a ural disasters, and then responding to facili- legal violation, hurts the very communities tate recovery in the wake of such disasters. makes clear that religious in receive govern- most affected by the devastating storm. FEMA has historically provided disaster-re- ment financial aid in the context of a broad We strongly feel that you have identified lated aide to parochial schools damaged by program administered on the basis of reli- the best approach to address recurring ques- earthquakes. Other examples of federal aid gion neutral criteria. This is why houses of tions of eligibility for houses of worship by to houses of worship, includes grants for se- worship and other religious nonprofits can, proposing a permanent clarification of fed- curity improvements from the U.S. Depart- and do, currently receive grants from DHS to eral law. We therefore strongly support your ment of Homeland Security and historic improve their security and the Interior De- bill and ask that it be adopted by Congress. preservation grants from the U.S. Depart- partment for historic preservation. With much appreciation for your efforts, ment of the Interior. Your legislation, H.R. H.R. 592, the Federal Disaster Assistance RABBI SAMUEL TENDLER, 592, would simply ensure that the Stafford Nonprofit Fairness Act, would ensure that Congregation Sons of Israel. Act is consistent with these policies. the Stafford Act is consistent with these

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The Supreme Court has Vice President for Public Policy & eral government cannot provide relief to de- repeatedly held that ‘‘[t]he First Amend- Director of the Washington office. stroyed synagogues, churches, and mosques. ment mandates governmental neutrality be- But this argument is simply not true. tween religion and nonreligion.’’ Singling THE BECKET FUND When Lynn recently made a similar argu- out religious institutions for special disfavor FOR RELIGIOUS LIBERTY. ment in an amicus brief to the U.S. Court of is not neutral. Similarly, FEMA’s approach Hon. CHRISTOPHER SMITH, Appeals for the Sixth Circuit, the court—in also creates a potential conflict with federal House of Representatives, 2373 Rayburn House an opinion authored by Judge Sutton—flatly civil rights law, specifically the Religious Office Building, Washington, DC. and unanimously rejected the argument. The Freedom Restoration Act, which forbids gov- Re FEMA’s discriminatory treatment of houses court noted that long-standing Supreme ernment imposition of substantial burdens of worship. Court precedent allowed ‘‘churches, syna- on religious exercise. As courts have fre- DEAR CONGRESSMAN SMITH: You and others gogues, and mosques’’ to receive ‘‘generally quently held, denial of a generally available have asked us to examine the application of available benefits’’ like ‘‘police and fire-pro- benefit to religious persons because they are the Establishment Clause of the United tection services’’ and access to ‘‘sewers and religious constitutes a substantial burden on States Constitution to the disbursement of sidewalks.’’ The court reasoned that ‘‘[i]f a the exercise of religion. federal disaster relief funds to houses of wor- city may save the exterior of a church from In short, FEMA is wrong to claim that the ship damaged in severe weather events such a fire,’’ it could certainly provide equal ac- Establishment Clause—which combats dis- as Superstorm Sandy. In particular, you cess to government funds that ‘‘help that crimination—justifies its decision to dis- same church with peeling paint.’’ would like us to examine (1) whether the criminate. It is instead FEMA’s discrimina- That conclusion is all the more true here, tion policy that is more likely to trigger Federal Emergency Management Agency’s where the problem the government seeks to scrutiny under the First Amendment and re- practice of not funding repairs to houses of remedy is not peeling paint but complete worship is justified by the Establishment lated civil rights laws. devastation. Notably, the Sixth Circuit sup- The proposed bill. For the same reasons, it Clause grounds, and (2) whether your pro- ported its conclusion by explicitly noting the is our opinion that your proposed bill will posed act preventing FEMA’s practice would widespread legal acceptance ‘‘of government not raise Establishment Clause problems. In- give rise to Establishment Clause problems. programs designed to provide one-time emer- stead, it will alleviate them by offering a The answer to both questions is no. First, gency assistance through FEMA . . . to way to stop discrimination against houses of not only does the Establishment Clause pro- churches devastated by natural disasters.’’ vide no support for FEMA’s practice of dis- Indeed, the federal government—including worship in federal disaster relief funding. On the night before your bill was set for a criminating against houses of worship; that FEMA—has repeatedly given disaster relief vote, FEMA issued a statement in opposition practice itself runs afoul of the First Amend- to religious groups in the past. For instance, to the bill. As an initial matter, much of ment by discriminating against religious in- after Seattle Hebrew Academy was damaged stitutions. Second, the bill you have pro- by a major earthquake in 2002, FEMA award- FEMA’s three-page statement does nothing posed will not lead to Establishment Clause ed a disaster relief grant for repair. Before it more than lay out existing law and reiterate violations because no Act of Congress can did so, FEMA asked the Department of Jus- what we’ve established above: Congress has purport to repeal the First Amendment. Ar- tice’s Office of Legal Counsel whether that made similar regulatory fixes before and the guments to the contrary are constitutional was constitutionally permissible. OLC’s de- OLC has provided legal opinions supporting scaremongering. tailed response concluded that ‘‘a FEMA dis- religious organizations’ equal access to gen- BACKGROUND aster grant is analogous to the sort of aid erally available government funds. FEMA really makes only two complaints Superstorm Sandy devastated many of the that qualifies as ‘general government serv- ices’ approved by the [Supreme] Court’’ for against the proposed bill. First, it warns Northeast’s coastal cities. The federal gov- that entities like the ACLU have threatened ernment is expected to spend about $60 bil- provision to houses of worship. The OLC let- ter pointed out that, far from banning equal to sue unless it keeps discriminating against lion to help restore these hard-hit commu- religious organizations. But, as explained nities. Yet FEMA has categorically denied access to government funding, the First Amendment bans the government from above, such threats are meritless and will be foundational elements of those commu- met in court by the Becket Fund and other nities—synagogues, churches, mosques, and ‘‘deny[ing] religious groups equal access to the government’s own property,’’ and organizations that are happy to defend equal other houses of worship—access to this oth- access for houses of worship that have been erwise generally-available relief funding. A ‘‘require[s] equal funding’’ of religious ex- pression. The letter ended by noting that an devastated by natural disasters. Further, it broad range of nonprofit organizations, in- is imprudent to allow such threats to take cluding zoos and museums, qualify for dis- argument could be made that ‘‘excluding re- ligious organizations from disaster assist- federal legislation hostage, as giving in to aster-relief grants administered by FEMA. them will only encourage future threats. Fi- But when religious organizations asked ance made available to similarly situated secular institutions would violate the Free nally, concerns about litigation might make FEMA for the same assistance it provides some sense if FEMA were run by a tiny vil- many other nonprofits, FEMA told them Exercise Clause and the Free Speech Clause.’’ lage government with a small budget that that it considered them ineligible for the might be intimidated by the prospect of liti- grants. This leaves houses of worship like All OLC has likewise approved, and the federal government has permitted, the participation gating against the ACLU. But given the re- Saints Church of Bay Head, New Jersey, of houses of worship in the Save America’s sources of the Department of Justice, this which was built by shipbuilders in 1889 and Treasures program, which authorizes match- argument from fear of litigation makes no now has a sinkhole for a sanctuary, without ing grants for preservation of properties with sense. access to the help that is available to the historical significance. For instance, the FEMA’s second complaint is that the bill neighborhood zoo. OLC approved a National Park Service grant could require them to choose whether to Despite acknowledging that religious fa- fund ‘‘arks of the covenant [and] prayer cilities can meet the threshold aid require- to restore Boston’s Old North Church—a church which is currently used by an active books.’’ But, as a factual matter, it appears ment that the facility be ‘‘used for a variety FEMA is trying to manufacture this par- of community activities,’’ FEMA considers Episcopal congregation and was once used to warn Paul Revere of British military plans. ticular controversy in order to scare legisla- ‘‘churches, synagogues, temples, mosques, tors. As Rabbi David Bauman of Temple and other centers of religious worship’’ cat- Similar grants have been provided for Atlan- ta’s Ebenezer Baptist Church, where Martin Israel in Long Beach—which was flooded by egorically ineligible simply because of their up to 14 feet of storm-surge saltwater—ex- religious use. Nor is this a recent problem: Luther King, Jr., preached, the historic Franciscan missions in California, and Touro plained, no one is asking the government to the George W. Bush Administration took the restore prayer books; they need help with same stance after Hurricane Katrina, based Synagogue in Rhode Island. All of those houses of worship needed repairs for damage basic structural repairs, just like other on a federal regulation promulgated in 1990 buildings in the neighborhood. More impor- by the George H.W. Bush Administration. caused by the ravages of time—why would damage caused by the ravages of Sandy be tantly, the bill cannot repeal the Establish- (As noted below, though, the federal govern- ment Clause: FEMA will remain bound by ment has often departed from this stance to any different? Several other federal statutes permit fed- the Constitution. Thus to the extent a reli- assist houses of worship through neutral and eral funding or support for houses of worship gious organization requests funds that would generally available funding programs.) that have been damaged or destroyed. In- result in a constitutional violation, FEMA ANALYSIS deed, after the Oklahoma City bombing, Con- will still be bound to turn them down. What FEMA’s discriminatory policy. To justify gress specifically authorized FEMA and the bill actually does is get rid of the artifi- its discrimination against houses of worship, other agencies to provide disaster relief to cial and discriminatory standard created by FEMA has cited arguments asserting that damaged churches on the same basis that FEMA and replace it with the standard of the Establishment Clause of the United any other private nonprofit facilities may neutrality required under the First Amend- States Constitution prevents houses of wor- receive such aid. ment. ship from having equal access to FEMA dis- Finally, FEMA’s policy of discriminating In addition, to the extent that there is any aster assistance grants. Others make the against houses of worship is itself problem- problem it is one of FEMA’s own making. As

VerDate Mar 15 2010 05:50 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A13FE7.033 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE February 13, 2013 CONGRESSIONAL RECORD — HOUSE H479 it admits in its statement of opposition, it is Speaker’s opposing party. But I stand and other places of worship must be FEMA’s own regulatory interpretations that here today stating what I’m confident held to the same criteria as other would require it to pay for prayer books or an overwhelming majority of Ameri- members of the community in these other similar items. But neither of the regu- cans would deem simple common sense: decisions. I urge my colleagues to lations that FEMA cites as forcing it to make the apparently unpalatable choice ap- if the government responds to a dis- strongly support H.R. 592. pear to require any such decision. And aster—like Hurricane Sandy, which The SPEAKER pro tempore. The FEMA can always exercise its interpretive caused devastating damage and losses question is on the motion offered by power to avoid a constitutional violation. in the tens of billions of dollars—it the gentleman from Pennsylvania (Mr. Again, no one is asking the government to should strive to help the entire com- BARLETTA) that the House suspend the buy prayer books or Torahs. Instead, syna- munity recover, not pick and choose rules and pass the bill, H.R. 592. gogues, churches, and mosques are simply some to receive help and others to go it The question was taken. asking that they receive the same disaster relief as many other private nonprofits. alone. The SPEAKER pro tempore. In the Doing anything less would not live up to the But, stunningly, that’s not the way it opinion of the Chair, two-thirds being neutrality required by the Establishment currently works, Madam Speaker. As it in the affirmative, the ayes have it. Clause—it would express a blatant hostility stands, many of the strongest, most Mr. BARLETTA. Madam Speaker, on to religion that the Establishment Clause re- necessary pillars in our society— that I demand the yeas and nays. jects. churches and other places of worship— The yeas and nays were ordered. In conclusion, it is our opinion that FEMA are being excluded from even being The SPEAKER pro tempore. Pursu- cannot rely on the Establishment Clause to considered for the recovery aid pro- ant to clause 8 of rule XX, further pro- categorically ban houses of worship from vided by FEMA in the wake of Sandy. competing for disaster relief funds on the ceedings on this motion will be post- same terms as other eligible nonprofits. Since the policy has come to light, poned. some have attempted to defend it, in- Your proposed bill will not violate the Con- f stitution but will instead protect it. voking that all–too–commonly abused Very truly yours, notion of the separation of church and ANNOUNCEMENT BY THE SPEAKER ERIC C. RASSBACH, state. But, Madam Speaker, even if we PRO TEMPORE DANIEL BLOMBERG, accept the most radical definition of The SPEAKER pro tempore. Pursu- The Becket Fund for Religious Liberty. this phrase, there would still be no rea- ant to clause 8 of rule XX, proceedings Mr. BARTLETT. Madam Chair, I sonably legal explanation for this inex- will resume on motions to suspend the yield myself such time as I may con- cusable oversight. rules previously postponed. sume. The Supreme Court responded to a Votes will be taken in the following I know all too well and firsthand similar issue when it decided Everson order: what happens when disaster strikes at v. Board of Education. In that decision, H.R. 592, by the yeas and nays; home. My constituents were affected the court criticized the ‘‘imposition of H.R. 267, by the yeas and nays. by Hurricane Irene and Tropical Storm taxes to pay ministers’ salaries and to The first electronic vote will be con- Lee. build and maintain churches and ducted as a 15-minute vote. The re- So I would like to commend the gen- church property.’’ But in the very same maining electronic vote will be con- tleman from New Jersey for his hard decision, the court makes clear the ob- ducted as a 5-minute vote. work for the constituents back home. vious exception to this policy, stating It’s times like this that we need to that the state has the duty to maintain f come together in a bipartisan fashion neutral relations with places of wor- FEDERAL DISASTER ASSISTANCE to help Americans who need that help. ship, and that they should be granted NONPROFIT FAIRNESS ACT OF 2013 With that, Madam Speaker, I yield access to the same basic government back the balance of my time. services as the rest of the community— The SPEAKER pro tempore. The un- Mr. LEVIN. Madam Speaker, in the wake of ‘‘such general government services as finished business is the vote on the mo- the devastation caused by Superstorm Sandy, ordinary police and fire protection, tion to suspend the rules and pass the Congress must be an active partner in the ef- connections for sewage disposal, public bill (H.R. 592) to amend the Robert T. fort to rebuild, so I will vote in favor of the bill highways and sidewalks.’’ Stafford Disaster Relief and Emer- before the House today, which extends FEMA Who can, with any modicum of intel- gency Assistance Act to clarify that disaster relief assistance to houses of worship lectual honesty, suggest that disaster houses of worship are eligible for cer- on an equal footing with other not-for-profit or- relief does not fit the definition of a tain disaster relief and emergency as- ganizations affected by the storm. basic government service? The govern- sistance on terms equal to other eligi- I wish, however, that the House had taken ment is not maintaining neutral rela- ble private nonprofit facilities, and for the time to hold hearings on this legislation tions with houses of worship in this other purposes, on which the yeas and before bringing it to the House Floor so that sphere. It is actively and specifically nays were ordered. we could have more fully explored the con- excluding them from a basic govern- The Clerk read the title of the bill. stitutional issues involved with this matter. ment service enjoyed by every other The SPEAKER pro tempore. The Clearly, the federal government can and does member of the community. question is on the motion offered by provide federal resources to houses of wor- Of course, perhaps the cruelest irony the gentleman from Pennsylvania (Mr. ship for a variety of purposes, including home- of this entire situation is the fact that BARLETTA) that the House suspend the land security grants and small business loans, it is so often the churches who step in rules and pass the bill. but we must tread carefully in this area to en- to help in the immediate aftermath of The vote was taken by electronic de- sure that the assistance extended passes such disasters. They are the ones send- vice, and there were—yeas 354, nays 72, muster with the basic provisions of the Con- ing their congregations to feed, clothe, not voting 5, as follows: stitution. It would have been better to thor- and house a desperate community. [Roll No. 39] oughly vet the language of this bill, among They are the ones taking up donations YEAS—354 ourselves in the House and with constitutional en masse to help the most afflicted. Aderholt Bishop (UT) Bucshon scholars before bringing it up for a vote. As And they are the ones selflessly Alexander Black Burgess this legislation must pass the Senate in order emptying their food closets to sustain, Amodei Blackburn Bustos for just a little while longer, families Bachmann Blumenauer Butterfield to become law, I hope there will be in their Bachus Bonner Calvert proceedings a careful review of these issues anxiously awaiting government aid— Barletta Boustany Camp before they act, including making any needed the same government aid for which Barr Brady (PA) Campbell changes, which would bring the bill back to they will inexplicably not even be con- Barrow (GA) Brady (TX) Cantor Barton Braley (IA) Capito the House for final enactment. sidered. Beatty Bridenstine Capps Mr. FRANKS of Arizona. Madam Madam Speaker, this unconstitu- Benishek Brooks (AL) Ca´ rdenas Speaker, we often come to this floor to tional, un-American, unreasonable dis- Bentivolio Brooks (IN) Carney advocate any number of controversial crimination against these essential, Bera (CA) Broun (GA) Carter Bilirakis Brown (FL) Cartwright issues—issues that often produce compassionate members of our society Bishop (GA) Brownley (CA) Cassidy strong disagreement from the given simply must not continue. Churches Bishop (NY) Buchanan Castor (FL)

VerDate Mar 15 2010 03:34 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A13FE7.026 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H480 CONGRESSIONAL RECORD — HOUSE February 13, 2013 Castro (TX) Huelskamp Perry Westmoreland Wittman Yoho Over his nearly four decades serving Chabot Huizenga (MI) Peters (CA) Whitfield Wolf Young (AK) the Congress, John has always kept his Chaffetz Hultgren Peters (MI) Williams Womack Young (FL) Clarke Hunter Peterson Wilson (FL) Yarmuth Young (IN) sights and his vision firmly on the fu- Clay Hurt Petri Wilson (SC) Yoder ture. He believed and he knew that the Cleaver Israel Pingree (ME) NAYS—72 future is about investing in our chil- Clyburn Issa Pittenger Coble Jackson Lee Pitts Amash Hastings (FL) Pastor (AZ) dren, supporting working families, and Coffman Jeffries Poe (TX) Andrews Himes Payne strengthening the middle class. He Cole Jenkins Pompeo Barber Holt Pelosi knew that the future is about pro- Collins (GA) Johnson (GA) Posey Bass Honda Pocan tecting our environment and pre- Collins (NY) Johnson (OH) Price (GA) Becerra Horsford Polis Conaway Johnson, E. B. Price (NC) Bonamici Huffman Ryan (OH) serving our planet for generations to Connolly Johnson, Sam Quigley Capuano Keating Sa´ nchez, Linda come. Cook Jones Radel Carson (IN) Kennedy T. John knew that the future of the Chu Labrador Cooper Jordan Rahall Schakowsky Cicilline Lee (CA) House is strengthened by fellow staff Costa Joyce Rangel Schneider Cotton Kaptur Reed Cohen Lofgren members working in a bipartisan way. Conyers Lowenthal Scott (VA) Courtney Kelly Reichert Sinema John has always respected the role Cramer Kildee Renacci Davis (CA) Lynch Slaughter played by our staffs on the Education Crawford Kilmer Ribble DeGette Markey Smith (WA) Crenshaw Kind Rice (SC) DeLauro Matsui Committee, the Natural Resources Speier Crowley King (IA) Richmond Duckworth McCollum Committee, the offices of the Demo- Stutzman Cuellar King (NY) Rigell Duncan (SC) McDermott cratic leader, and as my role of Speak- Edwards McGovern Takano Culberson Kingston Roby er of the House and as our distin- Cummings Kinzinger (IL) Roe (TN) Ellison Michaud Tierney Daines Kirkpatrick Rogers (AL) Enyart Miller, George Tsongas guished Speaker’s role as Speaker Davis, Danny Kline Rogers (KY) Esty Moran Visclosky today. Indeed, the staff looked to him Davis, Rodney Kuster Rogers (MI) Foster Nadler Walz for leadership, just as Members looked Garamendi Neal Welch DeFazio LaMalfa Rohrabacher to him for guidance. Delaney Lamborn Rokita Gosar Nolan Woodall DelBene Lance Rooney Grijalva O’Rourke In that spirit, this afternoon, my col- Denham Langevin Ros-Lehtinen NOT VOTING—5 leagues, the Speaker will honor John Dent Lankford Roskam Lawrence with the John W. McCormick DeSantis Larsen (WA) Ross Dingell Pearce Watt Farr Shea-Porter DesJarlais Larson (CT) Rothfus Award of Excellence on which, as de- Deutch Latham Roybal-Allard b 1334 clared by former majority leader, then- Diaz-Balart Latta Royce Majority Leader Carl Albert in 1970: Doggett Levin Ruiz Messrs. CARSON of Indiana, POLIS, The name of the House employee, who per- Doyle Lewis Runyan Ms. BASS, Messrs. HIMES, RYAN of Duffy Lipinski Ruppersberger forms the most valuable service for the Ohio, NOLAN, GOSAR, MARKEY, House, will be inscribed. Duncan (TN) LoBiondo Rush LABRADOR, DUNCAN of South Caro- Ellmers Loebsack Ryan (WI) What a fitting tribute to John Law- Engel Long Salmon lina, and WOODALL changed their vote Eshoo Lowey Sanchez, Loretta from ‘‘yea’’ to ‘‘nay.’’ rence’s 38 years of valuable service, ex- Farenthold Lucas Sarbanes Messrs. THOMPSON of Mississippi, traordinary leadership, and dedication Fattah Luetkemeyer Scalise WITTMAN, DAVID SCOTT of Georgia, to the future. We’ve had the privilege Fincher Lujan Grisham Schiff Fitzpatrick (NM) Schock FRANKS of Arizona, GARDNER, BAR- of honoring in a bipartisan way other Fleischmann Luja´ n, Ben Ray Schrader TON, SALMON, and Mrs. CAPPS members of the staff in the Congress, Fleming (NM) Schwartz changed their vote from ‘‘nay’’ to and John’s name will bring luster to Flores Lummis Schweikert ‘‘yea.’’ that list. Forbes Maffei Scott, Austin Fortenberry Maloney, Scott, David So (two-thirds being in the affirma- Colleagues, please join me in thank- Foxx Carolyn Sensenbrenner tive) the rules were suspended and the ing a dear friend, my former chief of Frankel (FL) Maloney, Sean Serrano bill was passed. staff, John Lawrence. Franks (AZ) Marchant Sessions The result of the vote was announced Frelinghuysen Marino Sewell (AL) I yield to the Speaker of the House, Fudge Massie Sherman as above recorded. Mr. BOEHNER. Gabbard Matheson Shimkus A motion to reconsider was laid on Mr. BOEHNER. This is a day of Gallego McCarthy (CA) Shuster the table. mixed emotions for the House. John Garcia McCarthy (NY) Simpson f Gardner McCaul Sires Lawrence’s retirement means that Garrett McClintock Smith (NE) b 1340 we’re losing a faithful public servant, Gerlach McHenry Smith (NJ) one of our own. But we can all agree Gibbs McIntyre Smith (TX) HONORING JOHN LAWRENCE Gibson McKeon Southerland that John deserves some time off after Gingrey (GA) McKinley Stewart (Ms. PELOSI asked and was given 38 years of working here in the House. Gohmert McMorris Stivers permission to address the House for 1 And for those of you who may not Goodlatte Rodgers Stockman minute.) know John, he is currently the longest- Gowdy McNerney Swalwell (CA) Ms. PELOSI. Madam Speaker, I rise Granger Meadows Terry serving staffer in the House. Graves (GA) Meehan Thompson (CA) with great pride to pay tribute to a John and I have known each other for Graves (MO) Meeks Thompson (MS) very distinguished American and a a long time, going back to my days as Grayson Meng Thompson (PA) longtime member of the congressional chairman of the Education and the Green, Al Messer Thornberry staff, John Lawrence. In fact, he has Green, Gene Mica Tiberi Workforce Committee. I can safely say served the Congress for 38 years as a Griffin (AR) Miller (FL) Tipton that it really didn’t matter whether we Griffith (VA) Miller (MI) Titus member of the staff—30 years of it for were on the same side of the page or Grimm Miller, Gary Tonko GEORGE MILLER and 8 years as my as- whether we had opposing views—he al- Guthrie Moore Turner sistant in the leadership office. I’m Gutierrez Mullin Upton ways handled it in the same way, with happy to pay tribute to him. Hahn Mulvaney Valadao class and integrity. He’s a real stand- Hall Murphy (FL) Van Hollen I’m sad because John will be—and I Hanabusa Murphy (PA) Vargas don’t know if the word is retiring—but up guy. That didn’t just make John an Hanna Napolitano Veasey he will be leaving service in the Cap- asset to GEORGE MILLER or Leader Harper Negrete McLeod Vela PELOSI. It made him a great asset, I Harris Neugebauer Vela´ zquez itol. He has always been a great pro- Hartzler Noem Wagner ponent of science, technology, and in- think, for the House as a whole and to Hastings (WA) Nugent Walberg novation. As he concludes his service the American people. Heck (NV) Nunes Walden to the House, it is only fitting to cite So I know all of my colleagues and I Heck (WA) Nunnelee Walorski want to say to John, thank you for all Hensarling Olson Wasserman the words of Alfred Lord Tennyson as Herrera Beutler Owens Schultz inscribed on the walls of the House of your service to this House. We’re Higgins Palazzo Waters Science and Technology Committee: sorry to see you go, but we want to Hinojosa Pallone Waxman wish you and your family the best in Holding Pascrell Weber (TX) For I dipped into the future, far as human Hoyer Paulsen Webster (FL) eye can see, saw the vision of the world, and the future. Hudson Perlmutter Wenstrup all the wonder that would be. Congratulations.

VerDate Mar 15 2010 03:34 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A13FE7.013 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE February 13, 2013 CONGRESSIONAL RECORD — HOUSE H481 Ms. PELOSI. With the Speaker’s per- Horsford McNerney Sa´ nchez, Linda A motion to reconsider was laid on Hoyer Meadows T. mission, I acknowledge Elijah Law- Hudson Meehan Sanchez, Loretta the table. rence, the teenage son of John and Huelskamp Meeks Sarbanes PERSONAL EXPLANATION Deborah Lawrence, who’s with us in Huffman Meng Scalise Mr PEARCE. Madam Speaker, on the Chamber. Huizenga (MI) Messer Schakowsky Hultgren Mica Schiff rollcall 39 I was unavoidably detained, I yield back the balance of my time. Hunter Michaud Schneider due to a public hearing scheduled by Hurt Miller (FL) Schrader f the Administration in my district. If I Israel Miller (MI) Schwartz had been present, I would have voted Issa Miller, Gary Schweikert HYDROPOWER REGULATORY Jackson Lee Miller, George Scott (VA) ‘‘yea.’’ EFFICIENCY ACT OF 2013 Jeffries Moore Scott, Austin On rollcall 40 I was unavoidably de- Jenkins Moran Scott, David tained, due to a public hearing sched- The SPEAKER pro tempore. Without Johnson (GA) Mullin Sensenbrenner uled by the Administration in my dis- objection, 5-minute voting will con- Johnson (OH) Mulvaney Serrano tinue. Johnson, E. B. Murphy (FL) Sessions trict. If I had been present, I would Johnson, Sam Murphy (PA) Sewell (AL) have voted ‘‘yea.’’ There was no objection. Jones Nadler Sherman The SPEAKER pro tempore. The un- Jordan Napolitano Shimkus f finished business is the vote on the mo- Joyce Neal Shuster Kaptur Negrete McLeod ELECTING MEMBERS TO CERTAIN tion to suspend the rules and pass the Simpson Keating Neugebauer Sinema STANDING COMMITTEES OF THE bill (H.R. 267) to improve hydropower, Kelly Noem Sires HOUSE OF REPRESENTATIVES and for other purposes, on which the Kennedy Nolan Slaughter Kildee Nugent Smith (NE) Mr. BECERRA. Madam Speaker, by yeas and nays were ordered. Kilmer Nunes The Clerk read the title of the bill. Smith (NJ) direction of the Democratic Caucus, I Kind Nunnelee Smith (TX) The SPEAKER pro tempore. The King (IA) O’Rourke offer a privileged resolution and ask Smith (WA) for its immediate consideration. question is on the motion offered by King (NY) Olson Southerland Kingston Owens Speier The Clerk read the resolution, as fol- the gentleman from Kentucky (Mr. Kinzinger (IL) Palazzo Stewart lows: HITFIELD Kirkpatrick Pallone W ) that the House suspend the Stivers Kline Pascrell H. RES. 64 rules and pass the bill. Stockman Kuster Pastor (AZ) Stutzman Resolved, That the following named Mem- This is a 5-minute vote. Labrador Paulsen Swalwell (CA) bers be and are hereby elected to the fol- The vote was taken by electronic de- LaMalfa Payne Takano Lamborn Pelosi lowing standing committees of the House of vice, and there were—yeas 422, nays 0, Terry Lance Perlmutter Representatives: not voting 9, as follows: Thompson (CA) Langevin Perry (1) COMMITTEE ON AGRICULTURE.—Mr. Thompson (MS) [Roll No. 40] Lankford Peters (CA) Garamendi. Thompson (PA) YEAS—422 Larsen (WA) Peters (MI) (2) COMMITTEE ON THE BUDGET.—Mr. Blu- Larson (CT) Peterson Thornberry Aderholt Chabot Fincher Tiberi menauer (to rank immediately after Mr. Latham Petri Ca´ rdenas). Alexander Chaffetz Fitzpatrick Latta Pingree (ME) Tierney Amash Chu Fleischmann Lee (CA) Pittenger Tipton (3) COMMITTEE ON OVERSIGHT AND GOVERN- Amodei Cicilline Fleming Levin Pitts Titus MENT REFORM.—Mr. Welch (to rank imme- Andrews Clarke Flores Lewis Pocan Tonko diately after Mr. Danny K. Davis of Illinois). Bachmann Clay Forbes Tsongas Lipinski Poe (TX) The resolution was agreed to. Bachus Cleaver Fortenberry LoBiondo Polis Turner Barber Clyburn Foster Loebsack Pompeo Upton A motion to reconsider was laid on Barletta Coffman Foxx Lofgren Posey Valadao the table. Barr Cohen Frankel (FL) Long Price (GA) Van Hollen Barrow (GA) Cole Franks (AZ) Lowenthal Price (NC) Vargas f Barton Collins (GA) Frelinghuysen Lowey Quigley Veasey Bass Collins (NY) Fudge Lucas Radel Vela GUN VIOLENCE PREVENTION Beatty Conaway Gabbard Luetkemeyer Rahall Vela´ zquez The SPEAKER pro tempore (Mr. Becerra Connolly Gallego Lujan Grisham Rangel Visclosky Benishek Conyers Garamendi (NM) Reed Wagner JOYCE). Under the Speaker’s announced Bentivolio Cook Garcia Luja´ n, Ben Ray Reichert Walberg policy of January 3, 2013, the gentle- Bera (CA) Cooper Gardner (NM) Renacci Walden woman from California (Ms. SPEIER) is Bilirakis Costa Garrett Lummis Ribble Walorski recognized for 60 minutes as the des- Bishop (GA) Cotton Gerlach Lynch Rice (SC) Walz Bishop (NY) Courtney Gibbs Maffei Richmond Wasserman ignee of the minority leader. Bishop (UT) Cramer Gibson Maloney, Rigell Schultz Ms. SPEIER. Mr. Speaker, this after- Black Crawford Gingrey (GA) Carolyn Roby Waters noon, we’re going to spend the hour Blackburn Crenshaw Gohmert Maloney, Sean Roe (TN) Waxman Blumenauer Crowley Goodlatte Marchant Rogers (AL) Weber (TX) talking about gun violence prevention, Bonamici Cuellar Gosar Marino Rogers (KY) Webster (FL) and in particular, how the National Bonner Culberson Gowdy Markey Rogers (MI) Welch Rifle Association has systematically Boustany Cummings Granger Massie Rohrabacher Wenstrup unwound laws that have already been Brady (PA) Daines Graves (GA) Matheson Rokita Westmoreland Brady (TX) Davis (CA) Graves (MO) Matsui Rooney Whitfield on the books. Braley (IA) Davis, Danny Grayson McCarthy (CA) Ros-Lehtinen Williams Last night, the President referenced Bridenstine Davis, Rodney Green, Al McCarthy (NY) Roskam Wilson (FL) the fact that since the horrific deaths Brooks (AL) DeGette Green, Gene McCaul Ross Wilson (SC) Brooks (IN) Delaney Griffin (AR) McClintock Rothfus Wittman at Sandy Hook there have been a thou- Broun (GA) DeLauro Griffith (VA) McCollum Roybal-Allard Wolf sand more people that have died due to Brown (FL) DelBene Grijalva McDermott Royce Womack gun violence. It is not good enough to Brownley (CA) Denham Grimm McGovern Ruiz Woodall wear a green ribbon in support of the Buchanan Dent Guthrie McHenry Runyan Yarmuth Bucshon DeSantis Hahn McIntyre Ruppersberger Yoder Sandy Hook families and think you Burgess DesJarlais Hall McKeon Rush Yoho have done enough. Bustos Deutch Hanabusa McKinley Ryan (OH) Young (AK) Times have changed, and the polling Butterfield Diaz-Balart Hanna McMorris Ryan (WI) Young (FL) Calvert Doggett Harper Rodgers Salmon Young (IN) that’s been done is overwhelming in Camp Doyle Harris support of sensible gun violence pre- Campbell Duckworth Hartzler NOT VOTING—9 vention laws. Let’s be clear at the out- Cantor Duffy Hastings (FL) Coble Farr Schock set—the Heller decision by the U.S. Su- Capito Duncan (SC) Hastings (WA) DeFazio Gutierrez Shea-Porter Capps Duncan (TN) Heck (NV) Dingell Pearce Watt preme Court has made it very clear: Capuano Edwards Heck (WA) Every American has a right to own a Ca´ rdenas Ellison Hensarling b 1348 Carney Ellmers Herrera Beutler gun for recreational purposes or to Carson (IN) Engel Higgins So (two-thirds being in the affirma- have a gun in their home for purposes Carter Enyart Himes tive) the rules were suspended and the of safety, and that is not going to Cartwright Eshoo Hinojosa bill was passed. change. We embrace that decision, we Cassidy Esty Holding Castor (FL) Farenthold Holt The result of the vote was announced support it. But we also support safe Castro (TX) Fattah Honda as above recorded. laws around the use of guns.

VerDate Mar 15 2010 03:34 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.031 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H482 CONGRESSIONAL RECORD — HOUSE February 13, 2013 So let us begin by looking at this, a Let’s look at the next time we saw a tims. And yet here we are debating, Quinnipiac survey done very recently. flip-flop by Mr. Wayne LaPierre. Again, hoping, even after what the President Ninety-two percent support back- the point here being that the NRA said, give us a vote. Give us a vote. ground checks for all gun purchases, leadership does not reflect the NRA This isn’t about us. This is about what including 91 percent of gun-owning membership. our job is. We can have people disagree, households; 89 percent support closing In 1999, after Columbine, he says: and I know it’s a lot of tough votes for the gun show loophole by requiring We believe in absolutely gun-free, zero tol- some Democrats and certainly some background checks for all gun pur- erance, totally safe schools. That means no Republicans. I believe that when we chases; 69 percent support banning the guns in America’s schools, period. came here and got elected and we sale of semi-automatic, military-style On ‘‘Meet the Press’’ just a few weeks swore to uphold the Constitution, we assault weapons; 68 percent support ago, Mr. LaPierre said: knew we’d be facing tough votes. Who banning the sale of large-capacity am- If it’s crazy to call for armed officers in said this was going to be an easy job? munition magazines; and 81 percent our schools to protect our children, then call It’s never been an easy job. But it is a favor prohibiting high-risk individuals me crazy. I think the American people think job that the majority of us here want from having guns, including those con- it’s crazy not to do it. It’s the one thing that to do. victed of serious crime as juveniles or would keep people safe. When the President spoke last night, convicted of violating domestic vio- The point here, colleagues, is that and listening to the aftermath late last lence restraining orders. the public, NRA members and gun-own- night on what some of the pundits were So Frank Luntz, the Republican poll- ing families in this country believe in saying about what the President was ster, polled NRA members and non- commonsense reforms, and we owe it to actually trying to do, we heard the NRA members who were gun owners, them. We owe it to them to vote on NRA say that the reason they’re and what did they find out there? these commonsense bills that will not against some of the things that we There they found out that 85 percent of restrict anyone’s ability to own a gun want to do as far as Members of Con- gun owners and 87 percent of NRA for self-protection or to own a gun for gress and our task force that we want members believe Second Amendment recreation, but will take these assault to really take everybody’s gun away. rights and gun safety laws can coexist. weapons that are military weapons Do you know that program that we That’s what we’re talking about. that are invented for one reason and were talking about, the buy-back? Eighty-seven percent of gun owners one reason only, and that is to tear the What they were saying was it’s not and 74 percent of NRA members sup- hell out of anything they come in con- really just a buy-back. It’s confiscating port requiring background checks of tact with. every single one of the guns. Well, I anyone buying a gun. We’re talking As one law enforcement officer said don’t think that would hold up con- about that right now. But in a couple very recently: stitutionally. And I think that we have of minutes, I’m going to show you how The energy in an assault weapon bullet put together, in my opinion, a reason- that has changed among the leadership will tear open a brick wall. able, very practical way of reducing in the NRA. You don’t need that to go hunting, gun violence in this country. Fifty-three percent of gun owners and you don’t need that to protect I also heard last night that assault and 57 percent of the NRA members yourself in your home. weapons, long guns, and it only adds up mistakenly believe that everyone has I yield to the gentlewoman from New to 8 percent of the people that are to pass a background check. Eighty York, CAROLYN MALONEY. killed every year—8 percent. Can we percent of gun owners, 79 percent of Mrs. CAROLYN B. MALONEY of New stop putting numbers on everything NRA members, support requiring back- York. I’d like to yield to my inspira- and remember the faces that were ground checks of gun retailer employ- tion in so many ways—we share the here? Can we remember the people and ees. same name—CAROLYN MCCARTHY. And the families that have lost their loved Eighty percent of gun owners and 71 on this issue, from New York, she is ones? They are not a number. percent of NRA members support bar- our spokesperson. Then they had another chart out that ring people on the terror watch list Mrs. MCCARTHY of New York. I talked about handguns. Well, let me from buying guns. It’s a surprise to want to thank my colleagues for hav- tell you something about handguns most people that they can in fact buy ing this hour to talk about, really, the that affects almost everybody in our guns. real issues and certainly hopefully communities. Legislation that we are All right. Let’s move on. Let’s talk break up some of the myths that are putting forward, the background about the CEO of the National Rifle out there on what we’re hearing, not checks, preventing straw purchasers, Association. only in the papers but certainly from which basically is someone else is buy- b 1400 some NRA members. ing a gun for someone that is legally What did he say in 1999? In 1999, after I’ve been battling this, and many of barred from buying a gun, think about the Columbine shootings, when so us have been battling this issue for how many handguns would not be sold many children lost their lives at Col- many, many years. I think that what to criminals. Think about how many umbine High School, he said: happened just about 2 months ago lives will be saved. We think it’s reasonable to provide manda- today, that Newtown shooting hap- But, also, let’s think about those who tory instant criminal background checks for pened. And that went through have survived gun violence. But many every sale at every gun show, no loopholes everybody’s heart to think in this day of them, if you think about a lot of the anywhere for anyone. and age that we could have a shooting young people in Aurora that had no That’s what he said. that totally rips apart 20 children is health care insurance—and I can talk What did he say after 20 children and unacceptable to the American people— about my own son who was 26 when he six adults lost their lives in Newtown unacceptable to the American people. was shot with five others, and, unfortu- at Sandy Hook? In 2013, he says, at a Since that, being that we’re trying to nately, his father was murdered that Senate hearing, when Senator LEAHY give as much information as possible to day. I can tell you his medical bills to asked: the American people what’s happened this day—to this day—they have cost You do not support background checks in since that day, over 2,000 people have this country millions of dollars. all instances at gun shows? been killed. Two thousand Americans Now I will say to you that we were Mr. LaPierre said: have been murdered in episodes of gun very, very lucky; and I have been very, We do not because the fact is the law right violence. very blessed that he survived. But even now is a failure the way it’s working. None There are a number of us here, Mem- back then, the doctors said that we of it makes any sense in the real world. bers of Congress, that have gone would see changes in him as he got Well, we are living in the real world, through this kind of violence, either older because of the brain injury. And and the real world would suggest to ev- with a loved one, our colleague from Kevin—God, I can’t tell you how proud eryone that a commonsense law is to California, JACKIE SPEIER, we know I was of my son. Two years of intensive have a universal background check for what this can mean to a family. Last therapy and they said he would never everyone. night, we had 25, 30, unfortunately, vic- walk. He learned how to walk. Yes, he

VerDate Mar 15 2010 03:34 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.034 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE February 13, 2013 CONGRESSIONAL RECORD — HOUSE H483 is still partially paralyzed, but he That’s why we’ve instituted some of the with her colleagues in Congress to learned how to walk. most thorough auto safety laws in the world, raise this issue, to focus on it. She’s b 1410 and why we regulate access to medicine, and going to try to get us here at least why we inspect food. once a week to keep the focus on this They said he would never talk. And It’s also why we should be looking at the priority of the American people and when I talk about those days and some- most dangerous consumer products in the our President. body asks how is Kevin doing, I say, world and seeing how we can make their use We see here some important informa- ‘‘Well, you know, he just said.’’ safer for Americans. tion. I think what we should do every I spent my life as a nurse before I When it comes to reducing gun violence, week, Jackie, is print the names of the came here. And a lot of times when we the president has already said everything he innocent children, men, and women think of patients who have had strokes could possibly say. who are murdered every day in our and we’re teaching them how to speak There can’t be any more excuses—the ball great country because of senseless gun again, when we say they were talking, is in our court here in Congress. violence like my dear friend’s husband trying to get the words out is so hard. The president was right in his State of the and her son who was critically wound- Every word becomes so difficult, but he Union Address that gun violence victims ‘‘De- ed. She told me how hard it was for her had the power to do that. serve a Vote.’’ to tell her son that he had lost his fa- Our friend Gabby Giffords, who was ther. And I want to publicly thank here last night, to watch, in my opin- There’s no shortage of options—I’m the sponsor of a bill to ban assault weapons, a bill Carolyn for making this a priority in ion, her long struggle reminded me so her time in Congress and giving so self- much of what Kevin had to go through. to ban high-capacity magazines, a bill for uni- versal background checks and a bill to limit lessly of her time to help us pass mean- I will say that Kevin went back to ingful gun legislation. work, and he worked for many years. online ammunition sales. Another bipartisan bill by my colleagues I’m a cosponsor of all my colleagues’ Unfortunately, he has reached the bills. I think they all are common point now where he can’t work, and he cracks down on illegal gun trafficking. Here in the House of Representatives, too sense and important and should pass. had to go on to Social Security dis- But I want to focus on one that I think ability. many members of the Majority have been completely silent on these bills. They haven’t every NRA member should be for, and That has hurt his pride so much be- that is to take the guns out of the even held a simple hearing to discuss the cause of the work that he has done. All hands of traffickers, people who are topic, and that’s shameful. they want to be is looked upon and selling guns to criminals, to cartels I would ask my friends on the other side of seen as just a regular person. There are that are used only to kill, whether it’s the aisle—what are you afraid of? thousands and thousands and thou- gangs or robberies or whatever they I would tell them—you don’t have to be sands of Kevin McCarthys across this use them for. Why can’t we do that? afraid. country. We are trying to prevent Why can’t we make that a felony and Poll after poll after poll since Newtown—na- those kinds of injuries. put teeth behind the punishment? tional polls—show that the majority of Ameri- Background checks, why should any- When we were having hearings on the body be afraid of a background check? cans want their lawmakers to take action to Fast and Furious program in the Gov- Why? Why should anybody—again, as reduce gun violence. ernment Reform and Oversight Com- was brought up in an earlier poster— The majority of Americans support banning mittee, law enforcement came and tes- when you go to a gun show—I remem- assault weapons. The majority of Americans tified. They said: Help us. Trafficking ber when we closed the gun show loop- support banning high-capacity magazines. And and guns is not even a felony. It’s not holes in New York. Gosh, we had the over 90 percent of Americans support uni- even a crime. You can be a drug king- NRA all over us basically saying it’s versal background checks. pin selling guns all over the place, and going to ruin the business. I say to you, Even three-quarters of all NRA members you won’t be convicted because it’s not go to New York and see the gun shows support universal background checks. a crime. that are held on weekends. There’s a So I would tell my friends across the aisle— No law-abiding person is a kingpin big difference, though. Nobody can go I know this is a tough issue, but you were and trafficking guns. One thing that’s into that gun show without buying a elected to make tough decisions. good about this bill and why we have gun from a licensed Federal dealer. Tell us where you stand on these measures so much support on the other side of By the way, the Federal licensed to reduce gun violence—the American people the aisle is that it doesn’t in any way dealers, the gun shop owners in this deserve to know where you stand. infringe on Second Amendment rights. country, they want everybody to go And then, have the courage to hold votes Law-abiding Americans, if they want a through a background check because on the measures that are out there. gun for recreation or shooting practice you do have less than 2 percent of gun This is a democracy—it’s our job to rep- or defense, fine. But these are guns stores that are selling these illegal resent the American people. that are being sold to criminals, to guns or guns disappear. It’s ruining If we don’t hold votes on this issue that the thugs, who then go out and kill more their reputations. These are honest American people are screaming out about people. businessowners. We’re actually pro- every single day since that awful shooting in Mr. Speaker, yesterday in a Federal tecting them. Connecticut, then this body will have failed in courtroom in Las Cruces, New Mexico, There is so much that we can go on its duties and in its purpose. two people were convicted of being part about. When it was talked about the I will say to my friends across the aisle—let of a larger conspiracy to smuggle guns people that are on the terrorist list, do the people speak, and let their voices be to some really bad people, criminals. people know that they can actually heard. They had smuggled guns to folks who buy a gun without a problem? God for- Over 30 Americans are being killed by gun worked as ‘‘muscle’’ for a vicious Mexi- bid we should put them on background violence every single day and it would be can drug cartel. In fact, one of the de- check. I mean, they’re on the terrorist shameful to turn a blind eye to that fact. fendants had purchased three semi- list, but they can go and buy a gun. Thank you for doing this. automatic weapons that showed up a I want to thank my colleagues, and I Ms. SPEIER. Thank you to the gen- month later at the scene of a triple want to give them an opportunity to tlelady from New York for her always homicide. Another of the guns he speak because I know we all care pas- powerful comments. bought surfaced at a Juarez drug sei- sionately about this. And I certainly Now we’re joined by the gentle- zure. These two men were found guilty, will sit here and listen to my col- woman from New York, CAROLYN but they didn’t get much of a sentence leagues. If we have time, hopefully, we MALONEY, who has just introduced a because it’s not a crime. can all speak again. bill co-authored by Democrats and Re- The sad fact is that about all the It’s exactly two months since the shooting in publicans that deals with the traf- prosecutors could reasonably hope for Newtown and since then up to 2,000 Ameri- ficking of guns. in the case—under Federal law, gun cans have been murdered in episodes of gun Mrs. CAROLYN B. MALONEY of New traffickers can expect to do about as violence in our country. York. Thank you so much to JACKIE much time as people who illegally traf- I know that ours is a country that believes SPEIER for organizing this. She has told fic in livestock. Illegally sell an as- in safety and in protecting innocent people. me she’s going to continue working sault weapon to a known killer or drug

VerDate Mar 15 2010 05:50 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.035 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H484 CONGRESSIONAL RECORD — HOUSE February 13, 2013 kingpin or sell a chicken without a per- lem. They want something done that for the passage of this bill. We can mit, and you can expect to do about shows some bipartisan cooperation. begin the healing. We can restore some the same amount of time for each. This As our President said, we came here trust. We can stop putting guns in the is ridiculous. to do a job. Let’s have a vote. Let’s put hands of criminals. We can do it in a Mr. Speaker, there is something this bill out on the floor of Congress, bipartisan way, and we can do it to- dreadfully wrong with this picture. and let’s have a vote. If some of my gether. Right now people known as straw pur- colleagues would like to vote against Again, I thank my good friend and chasers can buy multiple guns and im- making trafficking in guns a felony, wonderful colleague, JACKIE SPEIER mediately resell them to cartels or then let them do it. If some of my col- from the great State of California, for killers and know that if they are leagues would like to vote against hav- organizing this. I will be with you at caught that they will not be charged ing meaningful penalties for traf- all of your future events. with anything but paperwork viola- ficking and a straw purchaser’s buying Ms. SPEIER. I thank the gentlelady tions. Law enforcement told us at the guns to be given to criminals, then let from New York for making it clear committee that they don’t even bother them do it, but let’s have a vote. that we are talking about safe and to arrest and try to prosecute straw That’s a democracy. sane, commonsense laws on the books, purchasers because there’s no penalty. I introduced a bill in the last Con- and I am honored to be a cosponsor of Well, our bill changes that and can give gress and have reintroduced it in this her bill. up to 20 years in prison for being a Congress, H.R. 452. I hope that the lis- I want to just take a minute and go straw purchaser. tening public will urge their Members through a timeline of what has hap- Tragically, this is what happened in of Congress to cosponsor this bill and pened under the NRA’s leadership in my own State of New York last Christ- help us pass it for the American people. terms of the unraveling of laws that mas Eve just 10 days after the mas- It is called the Gun Trafficking Preven- have been on the books but, because of sacre at the Sandy Hook children’s tion Act. It is a bipartisan bill, cospon- the NRA’s leadership, they have been school. Last December in Webster, New sored by my friends and colleagues on unraveled. Let’s start with the very York, a convicted felon set fire to a the other side of the aisle: Mr. RIGELL first one. house and then set himself up as a of Virginia, who happens to be an NRA Between 1980 and 1987, the number of sniper to shoot down law enforcement member, said this doesn’t infringe on Alcohol, Tobacco and Firearms agents when they came to protect him. He any gun owner’s rights. He owns guns, was slashed by 21 percent, from 1,500 to shot and killed two firefighters and se- but he just wants to go after the king- 1,180, and the number of inspectors riously injured two others before tak- pins and the murderers and the illegal dropped from 655 to 626. What was hap- ing his own life. traffickers; and Mr. MEEHAN of Penn- pening during that period of time? Dur- This is a heart-wrenching tragedy, sylvania, who is a former prosecutor ing that period of time, there were and it is one that could never have hap- and knows firsthand why law enforce- more and more dealers. So why would pened but for the fact that the gun- ment needs these tools. the NRA be so interested in reducing man’s neighbor had acted as a straw This bill will help keep guns out of the staffing of the ATF? In 1986, the purchaser for him. Authorities say she the hands of felons and domestic abus- Firearm Owners’ Protection Act was purchased a 12-gauge shotgun and a ers and the dangerously mentally ill, passed—again, sponsored by the NRA. Bushmaster rifle for the man who, as a who cannot and should not be able to It set a high burden of proof to pros- convicted felon, could not have pur- legally buy guns on their own. This bill ecute violations of Federal gun laws. It chased a gun in his own name. For prohibits the purchase or transfer of a limited ATF inspections to once a knowingly acting as a straw purchaser firearm if the intent is to deliver the year, and it weakened the penalty. It for a felon, the neighbor has been firearm to someone else who is prohib- allowed unlicensed individuals to sell charged with the only law that really ited by Federal law or State law from their firearms as a hobby, avoiding applies: State and Federal paperwork possessing a firearm. Persons who com- meaningful regulations, thus leading to violations. mit this offense are subject to up to 20 an increase in gun shows. years of imprisonment. For the first What does that mean when you have b 1420 time, our bill makes firearms traf- to establish a standard that is so high I believe she would not have been ficking a Federal crime—something that you end up not revoking any fire- buying these weapons for him if she law enforcement officials have been arm dealer’s license? Well, willfully— knew she could have faced 20 years in asking for in hearings, in letters. They not knowingly but willfully—violating prison. That’s what prosecutors all too have been asking for this for years. gun safety laws is the standard that is often have to rely on—a toothless Fed- The bill also establishes significant now on the books. It’s an extraor- eral law that prohibits ‘‘engaging in penalties for straw purchasers who buy dinarily high standard, and the loop- the business of selling guns without a firearms on behalf of someone else. holes that were created allowed for Federal license.’’ Little wonder then Buy a firearm for a convicted felon and dealers to hand off their businesses, that, according to the ATF, straw pur- you could look at 20 years in prison. even when they had these horrendous chasers is the most common channel of These increased penalties will provide violations, to relatives or to convert illegal gun trafficking in America. law enforcement officials with the crit- their inventory of guns into a ‘‘per- Believe me, if guns made us safer, ical tools that they’ve been asking for, sonal collection,’’ which they then we’d be the safest country on Earth. tools that BOBBY SCOTT knows from his could sell because it was now a hobby, We are the most armed country on judiciary work are critically needed. without doing background checks. Let Earth, and we know from statistics The increased penalties can be used to me give you one example. that, if you own a gun, the degree of encourage straw purchasers to cooper- An example is Sandy Abrams. He was probability of being hurt or injured or ate with prosecutors in order to make a member of the NRA board of direc- killed by a gun is 8 to 15 percent higher it possible to go on up the food chain— tors. He was cited with over 900 viola- than it is for other individuals. It is no after the cartels and the kingpins who tions of Federal firearm laws at his surprise then that U.S. Attorneys are now have little to fear. shop, Valley Gun, and 483 crime guns forced to decline to prosecute 25 per- Let me be absolutely clear that this were traced to his shop. This is an NRA cent of gun trafficking cases. This is an bill has no impact whatsoever on the board member who violated the laws outrage. This is a crime. This is caus- Second Amendment, on legal gun own- 900 times, and 483 crime guns were ing the loss of lives. The investigation ership or purchases. traced to his shop. What did the NRA can take longer than the sentence a As the President pointed out in his do? The NRA, in a subsequent bill, trafficker might receive. In the wake speech last night, this bill will not put banned the tracing of crime guns. What of recent tragedies, the voice of the an end to all gun violence. No bill can happened to him? The only power that American people has been clear on this do that. No bill can prevent any par- ATF had was to revoke his license. So issue: They want something done, and ticular act of violence, but we can stop what did they do? No criminal charges they want it done now. They want us some. We can do something and we can were ever brought. Abrams transferred to do something to address this prob- do this, and law enforcement is begging hundreds of his firearms to his personal

VerDate Mar 15 2010 03:34 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.037 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE February 13, 2013 CONGRESSIONAL RECORD — HOUSE H485 collection, despite the revocation of his magazines. George W. Bush comes in as and then you can sell it free from the license, and faced charges of illegally President, and he lifts the ban on the constraints of background checks. selling those guns from his personal importation of assault weapons. We can fix the background check sys- collection. As I mentioned earlier, in And between 2009 and 2012, we’ve had tem, be sure that States are putting 1986, the Firearm Owners’ Protection 99 gun safety laws rolled back at the accurate information into the system. Act limited these inspections and State level. That’s what the NRA is We can ban assault weapons, which are weakened penalties. doing. weapons of war which don’t belong in We then moved on to the Dickey I now yield to my colleague from the neighborhoods of our cities and amendment in 1996. What did the Rhode Island for his comments. towns, and high-capacity ammunition Dickey amendment do? The Dickey Mr. CICILLINE. I thank the gentle- whose only purpose is to kill a great amendment held that the CDC could no lady from California for yielding, and number of people in a very short period longer conduct public health research. also for organizing this conversation of time. We have these very reasonable, Now, why would the NRA be so con- about the dangers of gun violence and commonsense solutions which are cerned about research going on? Be- our responsibility to reduce gun vio- available. cause when you do research, you can lence in communities all across this Last night at the President’s State of link it, and it can create the oppor- country. the Union, we had 30 victims who suf- tunity for public policy decisions that I want to also acknowledge the lead- fered the grievous impact of gun vio- are, in fact, thoughtful. ership of the gentlelady from New lence, who put a face on the devasta- Then came the famous Tiahrt amend- York, CAROLYN MCCARTHY, who long tion, the scourge of gun violence in ments in 2004 that placed restrictions before I arrived here was an inspiration this country. We owe it to them, we on law enforcement, limited access to to me and so many others across the owe it to families all across this coun- crime gun tracing data and required country who have been fighting for re- try to move on this legislation, to hold approval—background checks—of 24 sponsible gun safety legislation. a vote up or down so we can take what hours only. That amendment said that Just to give a context to the problem most Americans support, responsible if you’re going to do a background we are confronting, the U.S. gun mur- gun safety legislation to reduce gun vi- check, you can only have that docu- der rate is about 20 times the average olence in our country. ment in place for 24 hours, and then it of other developed nations. What that When the gentlelady was just going has to be destroyed. So, to the point means is someone in this country is through the examples of what the NRA made by our colleague from New York about 20 times as likely to be killed by has been successful in doing, let’s not about what are called ‘‘straw pur- a gun as someone in another developed forget, the NRA doesn’t have a vote in chasers,’’ how would you even know country. As some have already said, this Chamber, so every single one of there was a straw purchaser if you had since the horrible, horrible killings, those actions happened because indi- to destroy that record in 24 hours? the murders of Newtown, 1,772 people viduals in Congress voted for them, and Then in 2004 came the assault weap- have been killed by guns since that they should be accountable for that. ons ban, which was sponsored by Sen- tragedy. And we can fix it by taking votes today ator DIANNE FEINSTEIN. The chair then According to the CDC, there are to enhance public safety, to impose of the Judiciary Committee, our good 11,078 firearm homicides that ac- reasonable gun safety measures that Vice President, was also the shepherd counted for 68 percent of all homicides will protect children and families all of that bill. in 2010. These are just some numbers across this country and continue to that I think give us an understanding honor the right of individuals to pos- b 1430 of the seriousness of the problem that sess a firearm as guaranteed in the In 2005, Protection of Lawful Com- we face with gun violence in this coun- Second Amendment. merce in Arms Act, this was heralded try. It’s an epidemic. I thank the gentlelady for her leader- by the NRA as being their biggest get I salute Mayors Against Illegal Guns ship and for yielding. This is an impor- ever because that particular bill be- and Mayor Menino and Mayor tant issue. came law, and it protects gun manufac- Bloomberg, who began that. I was a I’ll end with The New York Times turers from civil liability suits—the founding member. I salute the Brady headline that said, ‘‘Do we have the only industry in this country that is Campaign for their work, but there are courage to stop this?’’ talking about not subject to civil liability suits for a couple of facts that are undeniable: the carnage in Newtown and the cour- dangerous equipment and the like. The Number one, the Second Amendment age that family members have dis- Sandy Hook families that are looking gives individuals the right to possess played who have been victims of gun at trying to bring actions right now firearms, and the vast majority of gun violence. If we can match that courage, are stymied because this law is in owners are responsible and they pos- Members of this House can match just place. There’s no protection for auto sess firearms for their self-defense and 10 percent of the courage that they’ve manufacturers if they have unsafe their own protection. That’s a fact. demonstrated in sharing their stories, products, but we’ve given carte blanche Two, there are certain categories of then we’ll do the right thing and pass protection to gun manufacturers. individuals that we all agree ought not responsible gun safety legislation. And in 2005, the U.S. PATRIOT Act, have access to firearms—dangerous Ms. SPEIER. I thank you for your ex- what did we do there? Well, then the criminals, the seriously mentally ill, traordinarily sound comments on this NRA decided that, you know what, and children. issue. As you were talking about cour- that ATF Director shouldn’t just be ap- So if we agree on those two facts— age, I remember recently having an op- pointed; it should be confirmed by the guns are permitted by the Constitution portunity to listen to a family from Senate. So in the PATRIOT Act, they to be possessed by individuals, three Newtown who lost a child, who said to got an amendment that provides that categories of individuals at least ought me and to others: the ATF Director must be confirmed not have access to those firearms— You’re just a bunch of talking heads. Can’t by the Senate. And guess what hap- then we have a responsibility to design you two groups get together and do what’s pens? There hasn’t been an ATF Direc- a system and pass laws that ensure right? tor confirmed in 7 years because of the that those three categories of individ- With that, let me yield to the Mem- control that they exhibit. uals, in fact, don’t have access to fire- ber of Congress who represents that ex- And then in 2005, ironically, George arms; and we have the ability to do traordinary community and who has W. Bush does something his father that by closing the gaping loopholes done so much to help them heal from didn’t even do. His father, George H.W. from private sales and from the fire what has been a devastating impact on Bush, by executive order, banned the sale that the gentlelady from Cali- not just everyone in the country but importation of guns in this country, fornia just referenced where, when particularly those families in New- particularly the assault weapons. When your license to sell guns, your Federal town, Ms. ESTY. President Clinton came into power, he, license is revoked, that you’re re- Ms. ESTY. I would like to thank the by executive order, expanded that im- warded by having your entire inven- gentlelady from California for orga- portation ban to include high-capacity tory turned into a personal collection, nizing this Special Order hour, and I

VerDate Mar 15 2010 03:34 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.038 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H486 CONGRESSIONAL RECORD — HOUSE February 13, 2013 want to thank you for your longtime out families and communities, lives. ing point that made us finally say, leadership on the gun violence preven- We will never know what these people ‘‘Enough is enough.’’ We must come to- tion issue; and to our friend and col- could have done, could have contrib- gether to build an America where our league Congresswoman MCCARTHY, for uted to our society, and it is an enor- children do not have to live in fear, and your tireless effort, sadly over decades mous hole in the fabric of our country. where they really believe that they now, to ensure that this Congress takes The price of inaction is too high. The have a future. Many of my young peo- action to keep our communities safer. price of inaction is being paid every ple in my district don’t even think Last night in this Chamber, people day by grieving parents like Lynn and they have a future, and this is a very affected by gun violence, including a Chris McDonnell. sad state of affairs that we’ve got to number of families and officials and So I want to thank, again, the gen- turn around. first responders from Newtown, were tlelady from California for all you’re Recently, I had an event in my dis- here in this Chamber. I have the honor doing to ensure that we do the right trict in West Oakland. It was the un- of representing this small, brave town thing here today, that we continue the veiling of a mural painted by several that now finds itself at the center of discussion of this critical issue, that talented young artists. This ‘‘Tree of this national debate. And, folks, they we do not lose our will to take action, Life’’ mural depicted the hope and the are the face. They are paying the price and that we do bring about real change faith that my young people have for a of our political inaction. to save lives in our communities across future from violence and without vio- Among the people here last night was this country. lence. Yet they’ve seen and experienced a courageous educator by the name of The parents, the families, the chil- so much gun violence in their commu- Natalie Hammond. Natalie was the dren of Newtown deserve no less than nities throughout their young years, lead teacher at the Sandy Hook school our best efforts. We must act. but they still have a lot of hope, and that day, and she was in the hall trying Thank you very much. they’re counting on us here to make to stop that madman, and her col- Ms. SPEIER. Mr. Speaker, can I in- sure that their dream lives. leagues on either side were killed and quire as to how much time we have Too many of my constituents have she was seriously injured. She got out left? been affected by gun violence, have of physical therapy and came out pub- The SPEAKER pro tempore. The gen- pleaded for help in protecting their licly for the first time to be here last tlewoman has 13 minutes remaining. children from the horrors of gun vio- night to put a human face on the cost Ms. SPEIER. It’s now my pleasure to lence, only to see the status quo at the of inaction. yield time to my good, good, good Federal level. Mr. Speaker, we need to take some These people, as the gentlelady from friend and colleague from California, serious action that includes what we’ve California suggested, as The New York BARBARA LEE, who has been an out- heard today, and I’ll reiterate, com- Times and others have suggested, are spoken advocate for gun violence pre- monsense measures such as the Federal so courageous. And they have one ques- vention for decades. gun buyback programs, banning high- tion for us: What are we going to do? Ms. LEE of California. Thank you very much. capacity magazines, expanding the 24- What is this country going to do to ad- hour background check, closing gun dress this epidemic? First of all, let me thank you, Con- gresswoman SPEIER, for bringing us all show loopholes, and reinstating the as- The President spoke eloquently, yet sault weapons ban. We need to do this very directly, last night about how we together today to speak out on the im- portant issue of addressing gun vio- immediately. must do better as a country. As he But we also need to work to end do- lence, not next month, not next year, said, the families of Newtown deserve a mestic violence in our homes and reau- not next Congress, but right now. And vote. thorize the Violence Against Women I have to just thank you so much for b 1440 Act. We need to do this right away. your tremendous leadership. We must also seek input from our He is right. Commonsense measures Yourself and Congresswoman MCCAR- young people, community stake- that respect Second Amendment THY, both of you have so eloquently holders, faith community leaders, and rights, like universal criminal back- laid out why we need gun violence safe- others. We can work together to iden- ground checks, a reinstatement of the ty measures, both with your intellect tify the root causes of this Nation’s assault weapons ban, and restrictions and with your heart. Both of you have more than 16,000 homicides a year. on high-capacity magazines should, at shared your very painful experiences, Let me call to your attention the the very least, be voted on in this really, basically, so that others can work of a magnificent community- Chamber and in the Senate. live rather than die from gunshots. So based organization in my district that The voices of the American people thank you so much for staying the I actually am very proud of, that I should be heard in this Congress. It’s course. helped found in the early nineties, up to us. It’s up to us, as elected lead- I can think of no more important called the Martin Luther King, Jr. ers, to see that these families, that subject than what we’re talking about Freedom Center. These young people every family touched by gun violence today because this gun violence has continue to work on conflict resolution has a vote. been destroying communities, taking and violence prevention efforts day and Lynn and Chris McDonnell, the par- lives, and injuring too many people for night, but they constantly tell us that ents of Grace McDonnell, were here in much too long across America. their work is thwarted by too many the Chambers last night, as witness to As President Obama invoked in his guns on the street. And so we have to their daughter, who loved pink, who State of the Union speech last night, pass these gun safety measures. did a beautiful painting, which they the families grieving from losing loved We have to repeal the Tiahrt amend- gave to the President of the United ones to gun violence deserve a vote. In ment, which I know Congresswoman States. fact, though, we’re saying they deserve SPEIER and Mr. MORAN and myself and The McDonnells asked me this morn- more than a vote. They deserve con- other appropriators are working to do. ing, they said, you know, Elizabeth, crete steps to reduce gun violence, and And we must, as part of this, rededi- what more can we do to ensure that we can take those steps right here in cate ourselves to getting the guns off Congress acts? And I was astounded by Congress. of the street and working for, finally, a the question. To think that this griev- We cannot accept one more innocent culture of peace and security. ing family, what more could they do? life being lost to gun violence, not one Thank you again for your leadership. It’s, what more must we do? in Newtown, not one in Chicago or Ms. SPEIER. Thank you to the gen- They are doing everything they can Cleveland, not one in my district in tlelady from California. to make sure that every Member of Oakland, California, not one in any We now are joined by the gentle- Congress understands not only their town, any city, any school, in any the- woman from California (Mrs. NAPOLI- loss—their loss is America’s loss, be- ater, or any place of worship, mall, or TANO), who has been a voice for mental cause every child that was murdered, any neighborhood. health reform in this country for dec- every life lost on the city streets of our We have an obligation to our children ades. I yield such time as she may con- country is a loss that ripples through- to ensure that Newtown marks a turn- sume.

VerDate Mar 15 2010 03:34 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.040 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE February 13, 2013 CONGRESSIONAL RECORD — HOUSE H487 Mrs. NAPOLITANO. Thank you, Gen- complete stranger as he walked to his Long Beach Area Brady Campaign to Prevent tlelady Speier, for being our lead on car, unaware that any peril awaited Gun Violence at yesterday’s press conference the gun prevention, gun violence pre- him. Peggy’s brother, Robert; the vic- hosted by the Brady Campaign and Mayors vention. tims of tragedies that occurred in New- Against Illegal Guns. Three decades ago, her One of the things we don’t talk about town and Aurora’s mass shooting; and brother Robert Kelly was shot and killed by a is a mental health component on which the thousands of Americans whose complete stranger as he was walking to his Congress has got to act. We’ve got to lives are ended each year by gun vio- parked car—unaware of the perils that awaited make sure that we bring it to the fore- lence should serve as a reminder to all him. front. We’ve got to fund the programs of us about the fragility of human life It can be all too easy to see Robert as a to be able to help our communities deal and our ability as Members of Congress statistic on a crime map, but he—like all vic- with the mental health issues, elevate to enact commonsense legislation nec- tims of senseless violence—was much, much it to the level of other illnesses such as essary to prevent such horrific trage- more. He was a son . . . a brother . . . and cancer, diabetes, heart issues. dies from continuing to devastate inno- a loved one. He was 28 years old; a graduate We need to destigmatize it. It will cent Americans. of Cal State Long Beach who was excited not solve itself. We need to end the I stand here today in total support of about starting his career at an accounting soft- school tragedies, the government office a ban on military-style assault weap- ware firm. That future . . . his future . . . attacks. Mental illness is an invisible ons and high-capacity magazines, simi- ended all too soon at the hands of a criminal illness. We don’t talk about it, we don’t lar to the gun laws that we have in with a gun. To date, the killer has not been listen to it, and we don’t want to share California. These instruments of mass found. it because of the stigma. We need to destruction have no place in our soci- None of us are statistics. We are all living, educate our public. ety outside of the military. And I breathing caring people with real lives and Children at a young level can be iden- thank my colleagues on the Gun Vio- hopes and dreams, and we all deserve the tified when they’re beginning to have lence Prevention Task Force, espe- freedom to feel safe from gun violence, be it emotional disorders that can be ad- cially Congressman THOMPSON and in our schools, our movie theaters, or our dressed at a very early age. Now, that’s Congresswoman PELOSI, for leading the streets. not to say—there’s many reasons why charge on this effort. Peggy’s brother Robert, the victims of trage- we need to go, and the time does not The tragedy of gun violence will not dies like the Newtown and Aurora mass shoot- allow me to go into it, but when you be solved just by banning assault weap- ings, and the thousands of Americans whose hear that 2,000 people are killed, how ons and ammunition alone. We must lives are ended each year by gun violence, many are maimed? What is the cost to strengthen our current background will never be forgotten; they should serve as society and the cost to our business, to check system as well as the National a reminder to us of the fragility of human life the law enforcement? And, as you say, Instant Criminal Background Check and our ability as members of Congress to System. We must increase access to they are very much in favor of control- enact commonsense legislation necessary to mental health services, we must in- ling the guns on the street, the high- prevent such horrific tragedies from continuing crease the student-to-counselor ratio capacity, the assault weapons. to devastate innocent Americans. in our schools, and we must lift the re- These children, their parents, and all of the b 1450 search ban on the Centers for Disease families who have been affected by the sense- And women are highly in favor. As Control and the National Institutes of less acts of violence that left our country you can tell, most of your speakers are Health. All of these commonsense pro- shocked and in disbelief are counting on us to women who understand this is our chil- posals are crucial to achieving the do something—anything to ensure that they dren, our grandchildren, our neighbors, meaningful reforms that will save have the freedom to feel safe in their schools our friends who are impacted. And we countless lives. and communities. As a community psychologist, I un- need to be able to fund mental health I stand here today in open support of a ban derstand that early identification and services at the local level so it can be on military-style assault weapons and high-ca- treatment of mental illness is the key addressed and help can be found for pacity magazines, similar to the gun laws we to preventing potentially harmful acts. them. have in California. These instruments of mass That being said, I am proud to cospon- I’ve introduced the Mental Health in destruction have no place in our society out- sor Congresswoman BARBARA LEE’s Schools Act, H.R. 628, which was a side of the military, and I thank all of my col- Student Support Act, as well as Con- companion to Senator FRANKEN’s Sen- leagues on the Gun Violence Prevention Task ate bill 195. But I must ask that the gresswoman GRACE NAPOLITANO’s Men- tal Health in Schools Act. Both of Force, especially Congressman THOMPSON public has got to raise their voice. and Congresswoman PELOSI, for leading the Email, fax, mail, phone your Member these bills will address the growing mental health needs of our Nation’s charge on this effort. of Congress, and tell them we need to The tragedy of gun violence will not be pass reform. 95,000 students. I do not believe in taking away any solved by banning assault weapons and am- Ms. SPEIER. I thank the gentlelady American’s Second Amendment rights. munition alone. We must strengthen our cur- from California. Just as you cannot yell ‘‘fire’’ in a rent background check system, as well as the I now welcome our new colleague movie theater, I believe you cannot National Instant Criminal Background Check from California, a colleague who I have own and use weapons that are capable System (NICS) system; we must increase ac- served in the State legislature with for of killing 20 school children in a matter cess to mental health services; we must in- many years, Congressman ALAN of seconds. crease the student-to-counselor ratio in our LOWENTHAL. To conclude, I think we all must con- children’s schools; and we must lift the re- Mr. LOWENTHAL. I want to thank tinue to listen to those who have been search ban on the Centers for Disease Control the gentlelady from California for call- injured by gun violence, to survivors, (CDC) and the National Institutes of Health ing us and bringing us together to dis- to law enforcement, and even to those (NIH). All of these commonsense proposals cuss this very important issue. who speak out against gun law re- are crucial to achieving meaningful reforms I stand here and join my colleagues forms. We will not be able to reach that will save countless lives. as we put forth responsible solutions to common ground on this issue unless we As a Community Psychologist, I understand reduce gun violence in our commu- keep an open mind to all of the voices that the early identification and treatment of nities and throughout our country. It in America. mental illnesses is the key to preventing po- was my honor to introduce from my Madam Speaker, I want to thank the tentially harmful acts. That being said, I am district Peggy McCrum, the chapter gentlelady from California for calling us to- proud to cosponsor Congresswoman BARBARA leader of the Long Beach Area Brady gether to discuss this important issue. LEE’s Student Support Act and Congress- Campaign to Prevent Gun Violence, at I stand here today to join my colleagues as woman GRACE NAPOLITANO’s Mental Health in yesterday’s conference hosted by the we put forth responsible solutions to reduce Schools Act. Both of these bills would address Brady Campaign and Mayors Against gun violence in our communities and through- the growing mental health needs in our na- Illegal Guns. out our country. tion’s 95,000 public schools. Three decades ago, her brother, Rob- It was my honor to introduce from my dis- The American people want action, and they ert Kelly, was shot and killed by a trict Peggy McCrum, the Chapter Leader of are demanding a plan. My colleagues, I stand

VerDate Mar 15 2010 03:34 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\CR\FM\K13FE7.042 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H488 CONGRESSIONAL RECORD — HOUSE February 13, 2013 here wanting and demanding a plan. As the I yield back the balance of my time. Colonel Muammar Qadhafi, his gov- President said in his State of the Union ad- Ms. MENG. Mr. Speaker, I rise today with ernment, and close associates took ex- dress, these victims deserve a vote. great passion and urgency to talk about our treme measures against the people of However, I do not, I repeat, I do not believe need, as Members of Congress, to strengthen Libya, including by using weapons of in taking away any American’s Second our Nation’s gun violence prevention laws. war, mercenaries, and wanton violence Amendment right. Just as you cannot yell Last night at the State of the Union, President against unarmed civilians. In addition, ‘‘fire’’ in a movie theater, I believe you cannot Obama said it best—gun violence victims de- there was a serious risk that Libyan own weapons capable of killing 20 school chil- serve a vote. From Newtown to Aurora, Oak state assets would be misappropriated dren in a matter of seconds. The United Creek to Tucson and Blacksburg—these vic- by Qadhafi, members of his govern- States Supreme Court ruling on Heller v. DC tims deserve a vote. Every day in this country, ment, members of his family, or his clearly stated that there are, indeed, limitations men, women and children die from gun vio- close associates if those assets were to the Second Amendment, and I stand with lence. It doesn’t have to be this way. We don’t not protected. The foregoing cir- that ruling. Heller v. DC was not meant to strip have to live in fear when we send our children cumstances, the prolonged attacks, and gun owners of the rights, it was meant to instill to school. the increased numbers of Libyans seek- a greater sense of responsibility that comes I’m proud to be a member of the House ing refuge in other countries caused a with owning a gun. Democratic Task Force on Reducing and Pre- deterioration in the security of Libya, I am in favor of protecting an individual’s venting Gun Violence. Last week, we issued a posed a serious risk to its stability, right to own a gun; I also want to help create series of commonsense priorities that could and led me to declare a national emer- a more accountable gun culture—one that up- make the difference in preventing future gun gency to deal with this threat to the holds Americans’ constitutional right to bear violence. One of the most basic priorities is national security and foreign policy of arms, and keeps us safe from harm. The con- implementing universal background checks. It the United States. stitutional right to own a gun and the God- is the only way to ensure that people who are We are in the process of winding given human right to feel safe from gun vio- legally barred from owning a gun are pre- down the sanctions in response to de- lence is not mutually exclusive. vented from buying a gun. Right now, the law velopments in Libya, including the fall I want to conclude by saying that we must is voluntary—someone who fears failing a of Qadhafi and his government and the all continue to listen to the victims, the sur- background check can simply avoid it by ac- establishment of a democratically vivors, and even those who speak out against quiring a gun from a private seller. elected government. We are working gun law reforms; we will not be able to reach Another commonsense measure is a bill I closely with the new Libyan govern- common ground on this issue unless we keep introduced, the Fire Sale Loophole Closing ment and with the international com- an open mind to all of the voices of the Amer- Act, that prevents gun dealers whose licenses munity to effectively and appro- ican people. were revoked from reclassifying their inventory priately ease restrictions on sanctioned Thank you. as personal and then selling the same guns entities, including by taking actions Ms. SPEIER. I thank the gentleman as a private seller. We have to close these consistent with the U.N. Security from California for his thoughtful re- loopholes. These practices of getting around Council’s decision to lift sanctions marks. And I want to thank each and the law need to stop. I urge my colleagues to against the Central Bank of Libya and every one of you who has participated bring these commonsense gun safety laws to two other entities on December 16, in this Special Order. It’s something the floor for a vote because President Obama 2011. The situation in Libya, however, that we must do week after week so was right—our victims deserve a vote. continues to pose an unusual and ex- that our message gets out to the Amer- f traordinary threat to the national se- ican people and so that they truly un- MESSAGE FROM THE PRESIDENT curity and foreign policy of the United derstand what has happened in this States and we need to protect against country over the last 20 years that has A message in writing from the Presi- this threat and the diversion of assets taken away so many commonsense dent of the United States was commu- or other abuse by certain members of laws that were on the books to provide nicated to the House by Mr. Brian Qadhafi’s family and other former re- the kind of safe and sane laws to make Pate, one of his secretaries. gime officials. Therefore, I have deter- sure that everyone who owns a gun has f mined that it is necessary to continue it appropriately and everyone who CONTINUATION OF THE NATIONAL the national emergency with respect to shouldn’t own a gun, doesn’t have a EMERGENCY WITH RESPECT TO Libya. gun. LIBYA—MESSAGE FROM THE BARACK OBAMA. This is our to-do list: PRESIDENT OF THE UNITED THE WHITE HOUSE, February 13, 2013. Pass the universal background check, STATES (H. DOC. NO. 113–9) f pass a ban on large magazines, pass an assault weapon ban, crack down on gun The SPEAKER pro tempore (Mr. HONORING CHIEF PETTY OFFICER trafficking, remove the handcuffs on LAMALFA) laid before the House the CHRIS KYLE law enforcement, remove the gag order following message from the President The SPEAKER pro tempore. Under on gun safety research, keep illegal and of the United States; which was read the Speaker’s announced policy of Jan- unwanted guns off the street, invest in and, together with the accompanying uary 3, 2013, the gentleman from Texas papers, referred to the Committee on gun safety technology R&D, close the (Mr. NEUGEBAUER) is recognized for 60 holes in our mental health system, and Foreign Affairs and ordered to be print- minutes as the designee of the major- take steps to enhance school safety. ed: ity leader. Someone said: To the Congress of the United States: Mr. NEUGEBAUER. Mr. Speaker, I Too many children are dying. Too many Section 202(d) of the National Emer- rise today to honor a great American children. We must do something. It will be gencies Act (50 U.S.C. 1622(d)) provides hero, Chief Petty Officer Chris Kyle, hard, but the time is now. You must act. Be for the automatic termination of a na- who, unfortunately, was killed on Feb- bold. Be courageous. Americans are counting tional emergency unless, within 90 ruary 2. Normally, you would think on you. days prior to the anniversary date of that this would be honoring a soldier These are the words of our own its declaration, the President publishes who was killed in action. Unfortu- Gabby Giffords in the Senate just a in the Federal Register and transmits nately, Chris Kyle gave his life while couple of weeks ago. It still sends shiv- to the Congress a notice stating that trying to help a fellow soldier who was ers up and down my spine. Gabby al- the emergency is to continue in effect dealing with some big issues. most lost her life. We owe it to Gabby, beyond the anniversary date. In ac- we owe it to the 26 people who lost cordance with this provision, I have b 1500 their lives in Newtown, the countless sent to the Federal Register for publi- And so today my colleagues and I people who lost their lives in Aurora cation the enclosed notice stating that want to spend the next hour honoring and Columbine, and the 32 people each the national emergency declared in Ex- the life and the sacrifice that Chris and ever day in this country who lose ecutive Order 13566 of February 25, 2011, Kyle did and gave for his country. their lives to gun violence. We owe it is to continue in effect beyond Feb- This is a difficult time for me, not to the American people. Let’s act. ruary 25, 2013. only to honor Chris like this, but Chris

VerDate Mar 15 2010 04:00 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A13FE7.015 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE February 13, 2013 CONGRESSIONAL RECORD — HOUSE H489 Kyle was not only a Navy SEAL hero, in numerous charities, including co- at the Midlothian First Baptist Church but he was also a personal friend of founding FITCO Cares Foundation, and last Friday. He is survived by his wife, myself and my family. And our warm- other charitable events benefiting Leanne, who is a middle school prin- est wishes and prayers and thoughts go wounded and disabled servicemen and cipal in Midlothian, and, I believe, a out to Taya and the family in this dif- -women returning from combat. daughter. So our hearts go out to that ficult time. He also wrote The New York Times family, too. Now, this will be a time today where bestseller, entitled, ‘‘American Snip- With regards to Chris, you could not we’re going to reflect on Chris’ life. er,’’ which chronicled his time as a have attended the service on Monday And we had a tremendous outpouring SEAL sniper. Chris donated the pro- at the Cowboy Stadium and not have of people who wanted to share stories ceeds to the families of some of the come away very impressed. The press about Chris, and we’re going to share comrades that died with him in com- reports are that there were 5,000 to some of those. bat. 7,000 in attendance. I have done a num- I know Chris would have wanted this These examples really show that his ber of events at Cowboy Stadium. I also not to be necessarily about him, sense of service was genuine and deep. asked the head of security for the Cow- but for the country that he fought for He lived by the motto, ‘‘It is our duty boys who I know what they estimated and believed in and loved so dearly. to serve those who serve us.’’ It is our the crowd. They said about 11,000. Chris was all American. Everything he duty now as American citizens to re- As Mr. NEUGEBAUER has already did, his service to his country, was member this young man who served so pointed out, Chris was an individual about his love for the country. bravely, to pray for his family in a who was driven by a love for his coun- Not only did Chris love his country, time of mourning. America lost one of try and a love for his fellow man. I he loved his family. He loved his its finest sons and a true patriot. We thought it was very telling at the serv- friends and he loved his wife and chil- keep Chris and his family in our ice that the mother of one of his Navy dren. So I wanted to talk just a little thoughts and prayers, and we ask God SEALs who had been killed in combat, bit about Chris’ career. to look after them. Chris adopted her as a second mother Chris spent 11 years as a member of We also pray for his friend, Chad and asked that some of the proceeds of SEAL Team 3, and of course his record Littlefield, who was killed alongside his book ‘‘American Sniper’’ go to her is nothing but superb. He retired in Chris, and for his family. family. That, to me, is just amazing. 2009, and when he retired he had 255 I am honored to have known Chris, The president of Craft International kills, with 160 of those confirmed by and while he left this Earth at a young also spoke at the service, and he spoke the Pentagon, making him the most le- age, we know that God is watching about how much Chris really cared thal sniper in American history. And over him. about other people. one thing about that is that Chris was Before I yield, I wanted to just make b 1510 very unassuming. one point about the book that Chris I remember knowing a little bit wrote, ‘‘American Sniper.’’ It was a I think it is very telling that Chris about his background, but then meet- great book, and it really chronicled the Kyle and Chad Littlefield were both ing Chris for the first time and how sacrifice and the conditions that a lot killed trying to help another troubled humble he was and how down to earth of our men and women are under while veteran. They were taking the sus- he was, and he really didn’t talk about they serve. pected murderer to a gun range over in records. He talked about people, and he But what was also an important part I think near Glen Rose, Texas, and try- talked about what his job was was to of that book was that Taya would ing to help him work through some protect his fellow soldiers. chronicle, from time to time, what it problems. The person they were trying His ability in the battlefield was un- was like to be serving alongside Chris to help turned on them. So he died try- matched. His longest shot came in 2008 in a different capacity, and that is the ing to help another person who was in when he identified an enemy insurgent spouse of one of our deployed men and need, and that’s something his family that was about to launch a rocket near women, and the pressures and all of the can be very proud of. an Army convoy. From 1.2 miles away, things that are involved in that and I think another thing that we need to he fired his .338 Lapua Magnum rifle the stresses and the separation. And I say about Chris is when people met and killed the insurgent, potentially think it was a great tribute to Chris him, they liked him and wanted to help saving the lives of countless Ameri- and Taya to share that intimacy with him. The number of people who have cans. us so that we could come to greater ap- helped in these service arrangements Chris was awarded countless honors preciate his service and her service to runs the gamut: The Governor of for his service. He earned two Silver our country. Texas, Governor Perry, who helped ar- Stars, five Bronze Stars, two Navy and It is now my pleasure to recognize range the cemetery plot at the Texas Marine Corps Achievement Medals, and another gentleman from Texas, who State Cemetery in Austin; Jerry Jones one Navy and Marine Corps Com- Chris lived in his congressional dis- and his family, the owner of the Cow- mendation. trict, Mr. BARTON. boys, I think donated the use of Cow- He was admired by people all over Mr. BARTON. I thank the gentleman boys Stadium and were personally in the country. And on this Monday, from Lubbock for yielding, and I’m attendance at the funeral; all the law about 7,000 or 8,000 people gathered in proud to be a part of this Special enforcement agencies in the DFW area the Dallas Cowboy Stadium in Dallas, Order. helped arrange the cavalcade from Texas, to come and pay their respects I want to say at the very beginning Midlothian down to Austin. And I am for Chris Kyle. It was a great loss for that, unlike Congressman NEUGEBAUER, told that at almost every overpass on our country. It was a great loss for his I did not know Chris Kyle or Chad Interstate 35 and U.S. 287 that there friends and family. They weren’t just Littlefield, the other individual who were people showing flags and in at- honoring an American hero. They were was killed. They both lived in my con- tendance. There was an outpouring of also honoring a husband, a father, a gressional district in Midlothian, love and affection that in my knowl- son, a team member, a comrade. Texas, and the tragedy of both of their edge in the Congress is just unheard of Chris was a born-and-bred Texas son early deaths is equal. Although I didn’t for somebody who was not a public fig- and a devout Christian. He is survived know either one, I have studied up on ure. And Chris was not. He was a public by his wife, Taya, and two children, them, and I went to the memorial serv- patriot, but he was not an ostenta- whom he loved and cared for deeply. In ice at Cowboy Stadium and was very tious, grandstand kind of person. fact, he made the decision to leave the moved by the eulogies and the people’s He loved his family. He loved his two Navy in 2009 just so he could spend remembrances that did know them. children. He loved his wife. He loved more time with his family at home. I would like to say with regards to his mother and father. And he loved After retiring from the Navy, Chris Mr. Littlefield, he, too, was a lifelong those whom he served with in the mili- founded Craft International, a military Texan, born in Dallas, and went to high tary. As Mr. NEUGEBAUER has pointed and law enforcement training com- school in DeSoto. He would have out, he served a number of tours in pany. He also was intricately involved turned 36 Monday, and his funeral was Iraq and Afghanistan.

VerDate Mar 15 2010 04:00 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.049 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H490 CONGRESSIONAL RECORD — HOUSE February 13, 2013 In one of the stories that is in his with whom he served and was willing told Jesus raised Lazarus from the book, he was under orders not to fire to lay down his life for his friends. dead. You can’t find any reference in unless fired upon. In order to get the Every time he was committed to hos- scripture of Lazarus saying anything enemy so that he could shoot them, he tile theater, he knew he might be lay- ever because he might have said some- put up an American flag, stood up and ing down his life for his friends. He also thing like, I was in paradise, and basically dared them to take a shot at knew that the ultimate authority on you’re bringing me back here now? him. And I think this is correct from love, Jesus, is quoted in John 15:13 say- Nonetheless, Chris has served honor- the book, that when they started ing: ably and well. He’s greatly missed. And shooting at him he got everybody to Greater love hath no one than this, that he we should not forget the family mem- take a shot at him, and he silenced lay down his life for his friends. bers of those who have lost loved ones them. Chris had that commitment every in service to this country. They have So, Congressman NEUGEBAUER, you time he was in a hostile area. He was paid the ultimate price: his parents, his are to be commended for organizing willing to do that. And the fact that he wife, his kids, his brother. Obviously, this Special Order. I’m proud that gave up his life trying to help another his brother sorely missed Chris. So Chris Kyle and Chad Littlefield were servicemember who was suffering from let’s pay tribute to Chris, to those who constituents of mine. I’m very proud a mental problem still is an act of lay- have sacrificed in giving their loved their families still live in my district. ing down his life in service for others. one Chris for our country. Mr. NEUGEBAUER. I thank the gen- Myself and my staff will do everything He did it for this country, he did it for tleman, and I think the point that you we can to help them. We will cherish his friends, and he did it for those, in- make is extremely important about the memory of Chris and Chad for cluding the gunman that took his own our families. As Members of Congress, many, many years. life. we get an opportunity and many occa- With that, I appreciate the gentle- Now, it was a very moving service. I sions to travel to the theater and to man’s courtesy and I yield back. don’t believe it was broadcast. But for thank those men and women that are Mr. NEUGEBAUER. I thank the gen- all of us who were there, we were deep- deployed and for their outstanding tleman. ly moved. The show of support, love, One of the things about Kyle is, you service to their country. and affection for an American hero was I know that my colleagues also do said he wasn’t a public figure. Kyle was deeply touching. pretty unassuming. Sometimes people the same thing I do; that is, when Chad Littlefield, the same situation, you’re around their families, you un- wanted to talk about these records a man that was willing to lay down his that he had accumulated. Chris would derstand and they understand that this life for his friends, and he did. is a team sport. It’s those families that always kind of shake that off. He said: I think most people, Mr. NEUGE- support our military folks back home My service wasn’t about trying to get a BAUER, have heard and read about this and keep the homefront going while record. My service was trying to help my extraordinary man, Chris Kyle, his country, and my job was to make sure that our men and women go and do the job service to the country, three Silver we ask them to do, which is an impor- the bad guys didn’t get my guys. Stars and five Bronze Stars. What an I think that’s the kind of man that tant part of making sure America has incredible, incredible service to his a strong defense. he was. country. He deserves the tribute being I got an anonymous email from a per- One of the things that the gentleman brought and much, much more. son that wanted to express their mentioned was regarding the motor- I would like to say a little bit about thoughts about Chris. He says: cade from Dallas yesterday to Austin, the sacrifice of some American heroes When veterans asked for help or wanted to to the Texas State Cemetery. I saw who don’t always get recognized as he- meet with him, Chris made time for them. some of the video of that, and it was roes. In Chris’ case, it’s his wife, Taya, When children needed him, he made time for just amazing, the patriotism all along and their two children—sweet little them. The week before he died, his wife was that almost 200-mile trek of people notes on the bulletin at the funeral marveling at how he could make time for so that wanted to express their apprecia- that they had written. His parents—it many different aspects of his work while tion. Many of them never met Chris was an honor to meet Chris’ parents. making time for his family and still squeez- Kyle, but they knew what he stood for ing in time for children and veterans in need. But we don’t often think of the fami- He shrugged and let this simple reply speak and what he meant. lies and what they have laid down. volumes of his character, ‘‘Kids and vets, As we go along, before I recognize an- They have lost father, husband, friend, right, babe?’’ other great patriot from Texas, I was confidante, a man who would do any- Chris was working hard, juggling going to read some of the emails that thing for them. They have paid an ulti- many different things to make a living have been pouring in to me. This is one mate sacrifice. for his family. He worked hard mostly from Jim DeFelice, who is a coauthor I was reading some years back in— because he had already made the deci- of the ‘‘American Sniper’’ book with actually it’s a journal basically that sion to give away more money than he Chris. He sent an email, and I will read C.S. Lewis had written after his wife had earned in his lifetime in order to just a little of it. He said: died. In one of the entries, he was talk- support the families of the fallen. I Of my many memories of Chris, perhaps ing about how much he missed his wife, think that says a lot about Chris. Chris this one sums up the kind of man he was: On how much he wished he had her back, wasn’t caught up in material things. the morning of Hurricane Sandy, as I was and then he realized how selfish that He wasn’t caught up in honors. Every going out to check on the damage to our was because she was in paradise, and house in the neighborhood, I received a text day, Chris had a servant’s spirit message from him asking if I was okay and his act of selfishness was to want a It is now my honor to recognize an- if we needed anything. Even though he was loved one to come back into a world other great Texan, my neighbor to the over 2,000 miles away, I knew that if I asked where that loved one would only have south, Mr. CONAWAY. for help he would have thrown a bag in the to some day again die before they could Mr. CONAWAY. I thank the gen- back of his pickup and driven up within the return to paradise. I believe with all tleman for yielding some time and al- hour. It was that kind of spirit, in every- my heart that Chris, as a Christian, is lowing me to add my inadequate words thing he did, that made Chris a great war- in paradise. He’s greatly missed, and and thoughts for Chris and his family. rior, a great SEAL and a great American. I especially by those closest to him that I had purchased Chris’s book a long am grateful to have known him. paid that ultimate price. time ago; but as things go, I just hadn’t It is now my honor to recognize Mr. read it. After he was murdered a week GOHMERT, the gentleman from Texas, b 1520 or so ago, I read his book. It was a very for words he might want to speak. We wish he were back, but then he unsettling experience. Mr. GOHMERT. Thank you, and I would have to go through that process The book is written in what appears thank my dear friend from Texas for again. to be Chris’s voice. I never met Chris, having this time and for honoring such C.S. Lewis said, We’ve always heard and so I didn’t know what he actually a great American hero. that Stephen was the first martyr, but sounded like when he spoke. But the Chris Kyle clearly loved his country. didn’t Lazarus get the rawer deal? I book is written in a very conversa- He loved his family, he loved those never thought about it before. We’re tional tone, and it’s almost like you’re

VerDate Mar 15 2010 04:00 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.051 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE February 13, 2013 CONGRESSIONAL RECORD — HOUSE H491 having that conversation with Chris. are the unsung—I got a little taste of I ask folks around Memorial Day You’re reading, and you’re caught up in this back when Iraq was going on in a every year that we thank our country the stories, and you’re caught up in the big way and Afghanistan. I’ve made and we thank folks for the sacrifices action. You go, Oh, he was murdered multiple trips. My wife, Suzanne, is made on behalf of our country, but it’s several days ago. just a basket case while I’m in country. generally in the generic, generally as a Chris’s style of talking about himself And they never take Members of Con- group. What I ask people to do is I say, and the things that he did on behalf of gress to any place scary. They’re not Look, I want you to pick out somebody his country were very self-deprecating, going to do that. If anything, it would specific. I want you to think about very matter of fact. I’m sure most of be a helicopter failure or something. somebody who we’re memorializing the instances in there where he talked For the most part, they never take us today who has actually laid down their about coming close to being hurt or anywhere scary, but she doesn’t know life in defense of this country. I want it coming close to near-death experiences that. I know it. I know everything is to hurt a little bit. I want it to cost are sugarcoated from what the real fine. We’re wearing suits and ties, and something for you to say the things we deal was because I know he didn’t want it’s fine. But she doesn’t know that say very casually on Memorial Day. his wife and family and many to know. until I get out of country. As soon as b 1530 He certainly wouldn’t have been brag- she knew that, I would sense the relief ging about that anyway. in her. I now have someone else I can think But Chris had a very matter-of-fact That gives me a microscopic sense of about on Memorial Day when we tone when he was with the SEALs and what these families have done for 12 should all, as a country, recognize he was in those battles. Even when he years now across the board with their these collective sacrifices. Sometimes was home, he had a very—‘‘casual’’ is loved ones downrange. As far as the when you recognize them in the collec- not the right word—but very matter- family is concerned, it’s a 24-hour-a- tive, it loses the impact, so I would en- of-fact attitude toward the fact that he day, 7-day-a-week risk for their loved courage folks to recognize those sac- could be killed, that something bad one. The loved one knows when it’s rifices in the specific by picking out could happen to him. scary and when it’s not and knows somebody you went to high school with He also spoke in the book often about when things are going crazy, but the who was killed in Vietnam, as in my his faith and a guardian angel. There family back home doesn’t. They’re case, or someone you know—a family was one instance where he just moved dreading that car pulling up out front member or whomever—about whom differently than he normally would because they know that their loved one you can say, All right, as it ought to have moved, and a bullet went right is someplace where they could get hurt hurt just a little bit. where he had been. That’s a Holy-Spir- or killed. The strength of the American I want to thank the gentleman for it-kind of thing. It just wasn’t Chris’s serviceman’s and servicewoman’s fam- giving me a chance to add, as I men- time. ily is to support them throughout this tioned earlier, my inadequate thoughts So you read through that book, but timeframe, where we’ve asked them as on Chris and on his dedication to this you know Chris has been taken from a country to do far more for this coun- country and his sacrifice. I wish God- us, he’s been murdered, and America try than should ever have been asked speed to his family as they cope with has lost one of her very best to have of any one individual. Chris’ absence in this life. worn our colors and to have served. Yes, it’s an all-volunteer force and, Mr. NEUGEBAUER. I thank the gen- I think the thing that comes out of yes, they continue to reenlist, re-up, tleman. the story in the book was he and his and go at it. But we’ve asked them to If Chris were here and were standing wife’s struggle. What was most impres- do more than we should have. They’ve next to me, I think one of the things he sive about it was how torn he was be- recognized that we had to ask them to would say is, RANDY, you need to talk tween duty to country and duty to do these things. So I too brag on the about my team members. family. He was clear that his first duty families because that really is where He was a Navy SEAL. If you read the was to God, but he was legitimately the strength of America is shown, in book or if you talk to a Navy SEAL— torn between the responsibilities to not families being able to back Chris up and I’ve visited with Chris—the SEAL only himself, but his men and the oth- and the things that he was trying to do team members, because of the things ers under his watch and care, and those to make sure he was able to do that they do together, have to trust he protected by killing bad guys before downrange all he needed to do without each other explicitly. He lost some of they had a chance to kill our guys. worrying about what was going on his team members while they were That role he played, he relished it, he back home. serving our country. He grieved over cherished it, and he wanted to do it; It is so difficult to lose someone like that, and he thought about them a lot. but he also began to recognize and see Chris. We had a wonderful organization One of his teammates sent me an the impact it was having on his wife in Midland, Texas, called Show of Sup- email that reads: and kids. port, a similar thing to what Chris was Chris Kyle is an American hero who will be So the struggle he and Taya went doing with his life after he got out, and sorely missed by his brothers in arms, the through of trying to come to the deci- that is in this instance they take great State of Texas, and the entire United sion of, Do I give up something I really wounded vets on deer hunts. They States of America. For the last week, we have mourned his death, but I ask you today love to do, and I feel like my duty to do bring them into town, and they have a to take joy in his life, to truly appreciate the it, that I will have abandoned my big banquet. They take the wives on a time he was with us; and may we continue friends if I go in a different direction? shopping spree and to the spa, and then Chris’ legacy of service unto one another and How difficult that decision was for him they take the guys hunting. In this support our wounded veterans who are bat- and his family, but that he ultimately past year, they were in the parade tling with PTSD. Thank you to everyone for decided that his role, God’s direction heading down to the banquet. And the their support and prayers. God bless Amer- for him, was that he be a full-time fa- float that several were on was hit by a ica. ther to his two kids and a full-time train, and four of these men were Now it’s my pleasure to recognize the husband to his wife. killed. These men who were killed had gentlewoman from the Fort Worth The sense of loss from leaving the already had wounds of war that showed area, Ms. GRANGER from Texas, who service, leaving the SEALs—the truth up in their lives every single day. One has spent a lot of her career in Con- of the matter is he was in a period of was killed pushing his wife out of gress helping to make sure that our our country’s history that is not likely harm’s way. soldiers have the things that they need to be repeated ever again. I certainly So losing those four, the personal ex- and supporting them. hope not. The way he spoke about the perience we think we feel with Chris— Ms. GRANGER. Thank you for giving opportunity to lay his life down for and we don’t, but we do, because he’s us the opportunity to rise today to others is very matter of fact in that he one of our best and one of those who honor a true American hero, who is was certainly willing to do that. has done far more for our country than Chris Kyle, a retired Navy SEAL chief I agree with RANDY and LOUIE as they we should have asked—does feel per- petty officer who was killed in Glen talked about the families. They really sonal. Rose, Texas, on February 2.

VerDate Mar 15 2010 04:00 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.053 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H492 CONGRESSIONAL RECORD — HOUSE February 13, 2013 Chris Kyle heroically defended his We are all saddened by his tragic death. funeral that he received. There were country through four tours of duty in America lost one of its finest sons and a true 200 Patriot Guard Riders accompanying Iraq, where he participated in major patriot. the funeral procession from the memo- battles throughout the country. He was I think, again, there is a common rial service that was held at Cowboy the single deadliest sniper in the his- theme here. Chris was always doing Stadium in Dallas, Texas, to his burial tory of the United States military. things for other people. As was men- in a place of honor—in the Texas State Chief Kyle was shot twice in the fight- tioned, when someone was involved in Cemetery, right in the center of the ing and was in six separate IED explo- a hurricane, Chris was saying, Do I cemetery. This is just indicative of how sions. However, he never received the need to go all the way to New York to we as Texans and how we as Americans Purple Heart because he didn’t want to help you? That was his motto—he was feel about our servicemen. They de- be separated from his unit while the service-oriented. serve our honor and respect, and I’m paperwork was being processed. It is now my pleasure to recognize proud that Texas and America have Chris Kyle fought for his country and another great Texan, one of our newer turned out for Chris Kyle. saved the lives of many of his fellow Members of Congress, Mr. BLAKE I want to add my and my family’s Americans, but his accomplishments FARENTHOLD. prayers to those of the rest of this Con- extended far beyond the battlefield. Mr. BARTON. Will the gentleman gress for Chris’ wife and their children After 10 years of service as a SEAL, yield? and for the entire Kyle family. We as a Chris retired from the Navy to focus on Mr. NEUGEBAUER. I yield to the Nation have a profound sense of grati- his family. He continued to train mili- gentleman from Texas. tude for our servicemen and -women, tary personnel and security staff, and Mr. BARTON. You keep saying ‘‘an- both active and retired, and it’s our re- he wrote a book documenting his time other great Texan.’’ That’s redundant. sponsibility to care for them when they in combat, which one of the Members If you say ‘‘Texan,’’ it’s assumed that return home. talked about. Rather than keep the they’re great. proceeds from the sale of the book, he Mr. NEUGEBAUER. They’re all b 1540 donated the money to the families of great. Exactly. Mr. NEUGEBAUER. I thank the gen- two fellow SEAL members who had Mr. FARENTHOLD. Thank you very tleman. A couple of other emails here. fallen in battle. much. It’s my pleasure to be up here This is from Jeff Staubach: On February 2, Chris and his friend even though it is a very solemn occa- He was very appreciative of his friends and Chad Littlefield were tragically killed sion. family. He never hesitated to thank me for by a veteran they had sought to help. I didn’t have the honor or privilege of the smallest gestures. We were lucky to have This act of violence may have taken knowing Chief Chris Kyle, but as I’ve him fighting for us, risking his life for us, Mr. Kyle’s life, but it doesn’t erase the heard my fellow Texans speak of him and being our friend. About 2 months ago, I powerful legacy he leaves behind. and as many Americans have gotten to emailed him and told him that we needed to go get a beer soon. It was Thanksgiving, then Mr. Kyle is survived by his wife and know him through his book, it’s just a true testament to the American soldier Christmas, then New Year’s, SHOT Show. We two young children. He lives on never pinned down a date. I wish I could grab through his family, through the lives and to the traditions of our military another beer with him, just to sit back and he saved through his heroism in com- that Chris, after heroic and valiant talk about our kids, what the Cowboys will bat, and through the veterans he service to our country, came back, and do this fall, and when we’d go shoot again to- helped. He continues to be a source of instead of just fading, he continued to gether. inspiration to all who know his story. help his fellow servicemen. The trag- I imagine what Chris would tell us On February 11, more than 7,000 peo- edy associated with his death, one of today, and what Chris knew, because ple from around the country gathered helping another, is heart-wrenching, he was putting his life on the line in Cowboy Stadium for Chris Kyle’s but it does call to mind that the great- every day, is that every day is pre- memorial service. Hundreds more est traditions and values of America cious. Every day is a gift from God, and braved bad weather to line roads and are manifested through our service. He that we must be a good steward of that highways to honor Chris by watching was doing just that when he was killed day that he gives us. Chris Kyle, the his funeral procession on the way to by a fellow veteran he was trying to day that he left us, left his house, the Texas State Cemetery. It was a fit- help. thought he’d go out and shoot, maybe ting tribute to a man who touched the We in this country and in Congress help this young man, and, unfortu- lives of so many and who will continue have worked hard to provide health nately, actually lost his life doing that. to do so even after his death. care, including mental health care, for Mark Spicer, another friend, said: This country owes a tremendous debt our veterans. We are growing and ex- I once asked Chris why he chose the of gratitude to Chris Kyle for his self- panding that service through the VA SEALS, and he told me it was because he less service to his country, both on and now. Just last week, I toured a new VA had been told it was the hardest to get into, off the battlefield. His heroism and the facility in my hometown of Corpus and that typified the Chris Kyle we all knew. heroism of all his fellow veterans will Christi. It has a large area devoted just Chris would hit any challenge head on and never be forgotten. My thoughts and to treating some of the psychological never flinch from hard work and his unself- prayers are with his wife, his children, problems that many of our veterans ish devotion to those around him. his family and friends, and especially come home with after experiencing the It is now my pleasure to recognize with his teammates. horrors of war. It’s something that we one of our newer members from the Mr. NEUGEBAUER. I thank the gen- need to continue to do as a country, Texas delegation, Mr. STEVE STOCK- tlewoman. and it’s something that we need to con- MAN. As was mentioned, after Chris left tinue to do as Americans. Mr. STOCKMAN. Thank you for of- the SEAL team, he went to Texas, and Though the result of Chief Kyle’s fering this opportunity to honor a gen- they formed a company called Craft help was tragic, it doesn’t diminish our tleman and a Texan who has dem- International. The CEO of that com- responsibility and our duty to help our onstrated beyond any belief that he is pany is a gentleman by the name of fellow Americans, especially our heroes dedicated to his country. After he Steven Young, and he sent this email: who are suffering, and we can do that served, he could have gone, walked out Chris was a true American hero in having in a wide variety of ways. We’re doing and done other things. But instead, devoted his adult life to serving his country it, obviously, in Congress in the way Chris took it upon himself to have in combat as a member of the U.S. Navy Congress does things—we’re enacting compassion for his fellow soldiers. And SEALs and in training our military and law laws; we’re appropriating money; we’re in that process, he gave the ultimate enforcement personnel after leaving the doing programs—but helping on a very sacrifice, his life. He’s an American Navy. Chris was also an extremely devoted personal level is something that we hero, and I offer my deepest sympathy family man, a wonderful husband and a lov- ing father. He gave so much of his time to need to continue to do, and that is a to his wife and his two children. He charitable causes that assisted military per- legacy of Chief Kyle’s. served our Nation courageously, and sonnel and their families, and he died while I was reading a Dallas Morning News served with multiple injuries during trying to help a struggling servicemember. article this morning about the kind of four tours of Iraq.

VerDate Mar 15 2010 04:00 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.055 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE February 13, 2013 CONGRESSIONAL RECORD — HOUSE H493 Chris retired in 2009 to spend more sacrifice on behalf of America is well What I found was a great man who was time with his family. On top of being a known. truly humble, down to Earth, and was a lot warrior, Chris was a Christian, a son, a What is lesser known is his humanity of fun to be around. I also found that Chris husband, and a father. On behalf of my- as a devoted husband and a loving fa- truly loved his country and that he’d sac- ther. He was a decorated Navy hero rificed much for it and did not consider him- self and my wife, Patty, our hearts go self any type of hero, but only doing his job out to Chris’ wife and her family. Our with a bright future ahead of him. He with his God-given talents. Nation will never forget and forever be was on track to become a master chief Chris also made it very clear he felt a deep grateful to Chris’ service and for Chris’ petty officer, maybe even the master sense of responsibility to help any veteran or undying belief in Christ and sharing his chief petty officer for the whole United law enforcement officer he could. testimony. Chris was the kind of hum- States Navy, the first time a SEAL I now want to recognize Mr. BARTON ble and kind man who always put the would hold that title. But he stepped again for some remarks. needs of others before himself. Chris away from that career to devote his Mr. BARTON. Well, thank you, Con- continued his passion with his non- time to a higher priority—to his chil- gressman NEUGEBAUER. I think we have profit, FITCO Cares, which provided in- dren and his wife. spent a good bit of our time extolling home fitness equipment to physically He was active in helping sailors and the virtues and honors of Chris Kyle and emotionally wounded veterans. other veterans with their transition and the other gentleman who was mur- I’d like to say to Chris—which I back to civilian life. Chris also paired dered, Mr. Littlefield. know he’s upstairs listening to us with with FITCO Cares Foundation, a non- I want to take a minute to brag on God and with his Lord—that we are so profit organization which created the you a little bit. Most people don’t have honored and deeply touched that you Heroes Project. a very high opinion of the U.S. Con- gave your entire life for this Nation FITCO Cares provides free in-home gress. Luckily, they think higher of and that you have set an example for fitness equipment, programs, personal their own Congressman. all of us in this House on how to be- training, and life coaching to any vet- I think we should acknowledge how have. He’s an individual, and we say eran with disabilities, Gold Star fami- hard you’ve worked to help the family nowadays that we don’t have many he- lies—those are families who lost a in this time of need, since you knew loved one in combat—or those suffering roes, but he’s a true hero. He’s not a the family personally. You intervened from post-traumatic stress disorder. He pop star. He’s not something that is with the Pentagon if the family wanted was always willing to lend a helping glitter. He did his work and his dedica- to try to bury Kyle at Arlington Ceme- hand. tery. I know you’ve personally tion in silence so that not many people Today, Texas honors our native son, interacted with the Governor and his knew until his passing. We all should Chris Kyle. As someone who wore the staff down in Austin, my staff, obvi- look to him as a leader and a hero. same uniform, I am deeply proud of his ously, since they’re my constituents. We’re blessed that we had him on the commitment to God, family, and our You’ve gone above and beyond the Earth, and one day we’ll all see him country. He was an American patriot, a normal requirements of a Congressman again. defender of liberty, a husband, and a fa- to reach out and help because you feel Mr. NEUGEBAUER. I thank the gen- ther. A grateful Nation says good-bye that commitment personally and pro- tleman. to a man taken from this Earth much Another friend of Chris’ said: fessionally, and I want to commend too soon. You are the definition of a true American May God bless Chris Kyle’s wife, you. hero, but you are also the definition of a true Taya, his children, his family, and all I also want to ask a question that I friend. From the late nights to the early think you know the answer to. I have mornings, you could always make me laugh. who loved him. I’m sure that in heav- en, Chris Kyle is watching over his heard and read that an education fund You have ever changed my life and many has been established for Kyle’s chil- others. You will forever be missed, but never family and us. forgotten. We miss you, brother. Kevin. Chris, I wish you fair winds and fol- dren. Is that true? lowing seas. Mr. NEUGEBAUER. I believe that is Another friend of Chris’ is David correct. The gentleman is correct. Feherty. David has been very involved If Chris were here today, I’d thank him for the gift he gave me and my Mr. BARTON. So that being the case, in the Wounded Warrior program and it’s certainly appropriate to honor the was a friend of Chris’. An excerpt from wife, Nancy. When I took off in my P– 3 Orion, I knew that if I were shot down past. But part of his legacy are his his email, and I think he’s talking to children, and I would encourage anyone all of us: and fortunate enough to survive the crash, Chris Kyle would come get me who wishes to get the address or the So think upon this tonight as you lay and take me home from wherever I was email and make a contribution so that yourselves down to rest, and be thankful for the Nation shows its respect for his the life and service of Chris Kyle, whose spir- in the world, regardless of the chal- it lives on in the lives of those who were lenges. We lost an American hero. service by making sure that his chil- lucky enough to have known that sweet- Chris Kyle, I salute you. dren have the education that this coun- hearted, straight-shooting Texas prince. May Mr. NEUGEBAUER. One of the try is capable of providing. he rest in peace, and our sorrow turn quickly things that Chris liked was he liked I would also encourage anybody who to happy memories. David Feherty. law enforcement people. He had a great lives near their families to reach out It is now my pleasure to recognize a deal of respect for them, and they knew and touch them personally. I plan to go fellow Texan who also served our Na- that, that he had respect for them. by and see both the widows of the two tion in the Navy, Mr. OLSON. What Chris knew was, just like he put gentlemen who were killed and see if I Mr. OLSON. I thank my colleague himself in harm’s way on a daily basis, can be of personal assistance. from Lubbock, the 19th Congressional that our first responders, our police- And then the last thing, obviously, District. men and our sheriffs and those State we’re here to honor somebody who was I rise today to pay tribute to a fellow troopers, that they put their lives on exceptional, in Chris Kyle. But as we swabbie, a fellow squid, and a fellow the line for our country and for our speak, there are hundreds, if not thou- sailor, Navy Chief Petty Officer Chris citizens as well. sands, of Chris Kyles on duty right Kyle, an elite retired Navy SEAL who This is a letter from Dan Parker. He now, protecting us in Afghanistan and was much more than the sum of his is a law enforcement officer. ready to serve and ready to rescue. All parts. Chris Kyle lived his life the way of our servicemen and -women, we b 1550 he died—in defense of our country and should thank them when we see them. helping his fellow man in their time of He says: We should show their families here at need. I first met Chris in 2010, at a ranch in home we support their service, and we Assigned to SEAL Team 3, Sniper Texas. I was told just before I would meet should dedicate ourselves today to Element Charlie platoon within the him of the truly incredible deeds that he was making sure that our Armed Forces involved in during the war in Iraq as a sol- Naval Special Warfare Command, and dier and a sniper, and that he was a former have the best equipment, the best with over four tours of duty, Chris SEAL. Being a law enforcement sniper, I was training, and, if necessary, the best served in every major battle of Oper- really looking forward to meeting him and rescue operations, and their families ation Iraqi Freedom. His service and was unsure of what to expect. get the very best while they’re serving

VerDate Mar 15 2010 04:00 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.057 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H494 CONGRESSIONAL RECORD — HOUSE February 13, 2013 their country, because we’re here in my fellow Americans, always ready to defend My friendship with Chris began when I was freedom because of the Chris Kyles and those who are unable to defend themselves. I privileged to work with him on American all that they’ve done and continue to do not advertise the nature of my work, nor Sniper, the story of his life and (some) of his do. do I seek recognition in my acts. I volun- heroic exploits. Though perhaps unlikely, tarily accept the inherent hazards of my pro- the professional relationship between a And, again, I just want to thank you, fession, placing the welfare and the security Texas good ol’ boy and a hard-bitten New Congressman, for your effort in this of others before my own. York native quickly blossomed into a true and organizing this and all you have I serve with honor on and off the battle- friendship. done to try to help the family. You are field. The ability to control my emotions and Of my many memories of Chris, perhaps truly a gentleman and honorable in my actions, regardless of circumstance, sets this one sums up the kind of man he was: on every sense of the word. me apart from other men. the morning of Hurricane Sandy, as I was Mr. NEUGEBAUER. I thank the gen- Uncompromising integrity is my standard. going out to check on the damage to our My character and my honor are my stead- house the neighbors, I received a text mes- tleman. fast. My word is my bond. sage from him asking if I was OK and if need- I want to read a few more of these We expect to lead and to be led. In the ab- ed anything. Even though he was over two emails I got. And I’m reading excerpts sence of orders I will take charge, lead my thousand miles away, I knew that if I asked of them. And one of the things I’m teammates and accomplish the mission. I for help he would have thrown a bag in the going to do is put all of these in the will lead by example in all situations. back of his pickup and driven up within the RECORD so that the kindness that a lot I will never quit. I persevere and thrive on hour. of people have shown, and their love for adversity. My Nation expects me to be phys- It was that kind of spirit, in everything he ically harder and mentally stronger than my did, that made Chris a great warrior, a great Chris, can be reflected in our CONGRES- enemies. If knocked down, I will get back up SEAL, and a great American. I am grateful SIONAL RECORD. every time. I will draw on every remaining to have known him. This is from Elizabeth Robinson, and ounce of strength to protect my teammates —Jim DeFelice she says: and to accomplish our mission. I am never I only knew Chris from a little under 3 out of the fight. Chris Kyle was a man who set his own years, but in that time he stood up for me in We demand discipline. We expect innova- standards. He believed in hard work and he one of my most confusing moments, gave me tion. The lives of my teammates and the suc- believed in generosity. He did not believe in encouragement that helped push me into one cess of our mission depend on me, my tech- a free ride and he did not believe in taking of my toughest physical trials, and enter- nical skill, my tactical proficiency, and my credit for the work of others. He was gra- tained many a moment in the office with his attention to detail. My training is never cious in his dealings with the public and ex- fun banter and laughs. He was a hero of such complete. pected nothing in return. a grand scale, but that heroism trickled into We train for war and we fight to win. I Chris Kyle was humble and determined to the everyday through his shining character stand ready to bring the full spectrum of be the best at whatever he set his heart to that made everyday encounters with him combat power to bear in order to achieve my do. He clearly set his heart to being the best special. mission and the goals established by my Navy SEAL he could be. As a warrior, he al- country. The execution of my duties will be lowed his heart to harden in the face of ad- I think that’s one of the things about swift and violent when required, yet guided versity in order to do the work necessary to Chris that most of us will miss is by the very principles that I serve to defend. protect his brothers in arms. As a warrior he Chris’s sense of humor. He had a great Brave men have fought and died building also made a choice to be a man whose chil- sense of humor. As I said, he didn’t the proud tradition and feared reputation dren and wife would know him more as a take himself seriously, and his sense of that I’m bound to uphold. In the worst of man than a warrior. He chose to be available service. conditions, the legacy of my teammates for ball games, nighttime prayers and drop- steadies my resolve and silently guides my This is from Nathan Kirk: ping the kids off for school. He tirelessly de- every deed. voted his time to his community and would I move forward with sadness, but equally I will not fail. not accept payment for anything he did in with the confidence in knowing that the I think that sums up the life of Chris support of his hometown. path to healing is through service to others, Kyle. When veterans asked for help, or wanted to as evident by the life of Chris Kyle. meet him, Chris made time for them. When I will never fail you, Chief. b 1600 children needed him, he made time for them. Semper Fi. I will personally miss him, and my The week before he died, his wife was mar- This is from Tommy Hicks: thoughts and prayers go out to Taya veling at how he could make time for so many different aspects of his work while Chris was a good father, a husband, a and the family. We’re going to miss friend to many. But through his service to making time for his family and still squeez- Chris. But I think what Chris’ friends ing in time for children and veterans in need. our country in the Navy and after, impacted would say and what Chris would say is: many others, more than he would ever imag- He shrugged and let his simple reply speak ine. He is the man everyone strived to be, a If I made an impact in your life, go out volumes about his character, ‘‘Kid and vets, man who every American should want their and impact somebody else’s life. right babe?’’. Chris was working hard jug- son to be, a man to whom everyone owes a May God bless Chris Kyle, may God gling many different things to make a living debt. May his memory be served for genera- bless you, and may God bless the for his family. He worked hard mostly be- tions as a role model to the youth of Amer- United States of America. cause he had already made the decision to ica. give away more money than he had earned in GENERAL LEAVE his lifetime in order to support the fallen. I’m going to close out our time by Mr. NEUGEBAUER. Mr. Speaker, I ‘‘Kids and vets, right babe?’’ reading something that I think exem- ask unanimous consent that all Mem- Chris Kyle was a man like no other. If we plifies Chris, and it was a big part of bers have 5 legislative days in which to can take away anything from his life it his life, and I think it also says what revise and extend their remarks on the would be: live your dreams, make your fam- Chris’s code in life was, and that is the subject of my Special Order. ily a priority even when you are working Navy SEAL creed. It goes like this: The SPEAKER pro tempore. Is there hard, be patriotic, and take care of kids and vets. In times of war or uncertainty, there is a objection to the request of the gen- —Anonymous special breed of warrior ready to answer our tleman from Texas? Nation’s call. A common man with uncom- There was no objection. Chris Kyle is an America Hero that will be mon desire to succeed. Throughout his life, Chris Kyle struggled sorely missed by his brothers in arms, the Forged by adversity, he stands alongside to put his responsibilities to God, Country, great state of Texas and the entire United America’s finest special operation forces to and Family into the proper order. God was States of America. For the last week we serve his country, the American people, and always first, but he often debated where have mourned his death but I ask you to to protect their way of life. Country and Family belonged. But through take joy in his life. To truly appreciate the I am that man. all of his life, he never once put himself time he was here with us. And may we con- My Trident is a symbol of honor and herit- ahead of any of those three things. He per- tinue Chris’s legacy of service unto others age. Bestowed upon me by the heroes that sonified the best traditions not just of the and support our wounded veterans and those have gone before, it embodies the trust of American military and the SEAL commu- battling with PTSD. Thank you to everyone those who I have sworn to protect. By wear- nity, but of American citizenship. He was for their support and prayers. God bless ing the Trident, I accept the responsibility of truly a warrior in every facet of life. America. my chosen profession and way of life. It is a There are many ways you can describe —Anonymous privilege that I must earn every day. Chris—hero, SEAL, father, husband—but I My loyalty to country and team is beyond think for most who knew him the most pow- Chris was a true American hero having de- reproach. I humbly serve as the guardian of erful way would be the simplest: Friend. voted his adult life to serving his country in

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Chris Kyle put himself in such a memorable light by his personality. causes that assisted military personnel and harms’s way in order to defend our basic In a world full of double standards, muddled their families and died while trying to help human right to evolve as a species, from meaning and confusion, his direct manner struggling service member. We are all sad- those who consider teaching their children was refreshing. I loved being in his presence dened by his tragic death. America lost one to commit suicide to be part of the same not because he was a hero or a celebrity, but of its finest sons and a true patriot. process. because he was as genuine a person as you —Steven Young, Craft International’s CEO Every time Chris Kyle squeezed his trigger, can find today. he served to create a safer environment in —Elizabeth Robinson I met Chris just a couple weeks after he ar- which we who choose to be tolerant of oth- After having attended the services yester- rived in Dallas from San Diego in 2009. I re- ers, to be kind to others, and to simply try day for Chris, I owe him yet another ‘‘thank member hearing stories about him and not to do the next right thing can co-exist in knowing what to expect. I found him to be a you.’’ peace. Sadly mankind finds itself now at a The first ‘‘thank you’’ is the obvious one genuine person. He could kick the tar out of tipping point which most seem to have cho- that we all owe to him; his military service just about anyone but that’s not what im- sen to ignore, presumably in the hope that it to the nation in his unrelenting determina- pressed me. It wasn’t the stories from will just sort itself out without the help of tion to his duties as a SEAL. Ramadi that impressed me, it was seeing men like Chris Kyle. Well people, go luck to The second ‘‘thank you’’ is more personal, him with his family and his friends. He was all of us with that one, for without such help and that is the ‘‘thank you’’ I owe Chris for very appreciative of his friends and family. and the strength of the armed forces of the giving me a chance when he brought me on- He never hesitated to thank me for the United States and her allies our children are board to his company. To me this is very im- smallest of gestures. We were lucky to have surely destined to fall victims to the vilest portant, as after having not one, but two him fighting for us, risking his life for us, cruelties of our enemies, who would keep ‘‘medical discharges’’ from the military, and being our friend. About two months ago their own people so ignorant that they fear both non-combat related and not allowed to I emailed him and told him we’ve got to get for their own lives daily. carry on with my brothers; I felt like a fail- a beer soon. It was Thanksgiving, then So think upon this tonight as you lay ure as a man at the resultant outcome of Christmas, then New Years, Shot yourselves down to rest, and be thankful for both of my enlistments. Chris looked beyond Show. . .etc. We never could pin down a the life and service of Chris Kyle, whose spir- this and never made me feel less for my lim- date. I wish I could grab another beer with it lives on in the lives of those who were ited service versus his own extraordinary ac- him and just sit back to talk about our kids, lucky enough to have known that sweet- complishments and provided an opportunity what the Cowboys will do this fall, and when hearted, straight-shooting Texan prince. to serve along side of him in a new and noble we were going to shoot together again. I’ll May he rest in peace, and our sorrow turn mission in the service to our military and miss times like you see in the attached quickly to happy memories. law enforcement men and women, and treat- photo, throwing my arm around him with a —David Feherty ed me with nothing but equality and respect joking threat to choke him out, jeans, boots, at all times along the way. and cold beer. A tribute to a true American Hero that I The third ‘‘thank you’’ is in the honor it —Jeff Staubach call a friend. was to stand with his family, brother SEALs I first met Chris in 2010, at a ranch in and friends, and salute this man goodbye. As Chris Kyle was a normal Texas boy, had a Texas. I was told just before I meet him of I walked within the line that followed him normal education and entered into ranching, the truly incredible deeds that he was in- off the field, I was overwhelmed by grief with considered to me a normal Texas profession, volved in during the Iraq War as a soldier more than just the fact that we all had lost but he was to go on to become anything but and sniper and that he was a former SEAL. an American Hero, but that we had lost a normal. Being a law enforcement sniper I was really bright shining example of a truly great I once asked Chris why he chose the looking forward to the meeting but was un- human being in terms of compassion, gen- SEALS and he told me it was because he had sure of what to expect. What I found was a erosity, and selfless service to his family, been told it was the hardest to get into and great man that was very humble, down to friends, fellow veterans and a nation. that typified the Chris Kyle we all knew. earth and a lot of fun to be around. I also I move forward with sadness, but equally Chris would hit any challenge head on and found that Chris truly loved this country and with the confidence in knowing that the never flinched from hard work and his un- had sacrificed much for it and did not con- path to healing is through the service to oth- selfish devotion to those around him. It was sider himself any type of hero but was only ers, as evident by the life of Chris Kyle. an inspiration to see. doing his job with his God given talents. ‘‘I will not fail you Chief.’’ Chris always had a mischievous twinkle in Chris also made it very clear he felt a deep Semper Fi his eye and loved to play pranks, laugh and sense responsibility to help any veteran or —Nathan Kirk Merithew—USMC enjoyed life as I have rarely seen but there law enforcement officer he could. I was fortunate to have met Chris when he was another side to Chris that few saw. Chris Chris is gone now due to doing what he felt moved back to Texas in 2009 Chris was imme- never truly cared about how successful he he had a duty to do. I would like to encour- diately a presence in my life. His character was at his chosen profession, he cared deeply age everyone to keep the memory of Chris and sense of loyalty and duty was something about this country, what it stands for and Kyle alive and do anything you can to honor I admired and appreciated. He was great to mostly for the fellow soldiers he believes he him by doing whatever you can to help this my family, and role model for me and my couldn’t save. Chris agonized over this sub- countries honored veterans that have given brother. ject many times and it was never far from so much and received so little in return. Our Chris was a good father, husband and his thoughts as he settled back into being a veterans are hero’s in my eyes and I know friend to many. But through his service to husband, loving father and came to terms Chris felt the same way. our country in the Navy and after, impacted Chris, I will miss you brother and only with not being the tip of the spear anymore, many others—more than he would ever wish we could have had more time together a subject all professionals struggle over. imagine. Chris’s answer was to join a fellow sniper before the Lord took you home. He is the man everyone should strive to be. and form a company designed to pass on —Dan Parker, Texas Law Enforcement Of- A man who every American should want their wealth of experience to those who fol- ficer their son to be. A man to whom everyone low and who now stand in harms way. owes a debt. May his memory be served for I only knew Chris for a little under 3 years, —Mark Spicer generations as a role model to the youth of but in that time he stood up for me in one of America. Chris, you are the definition of a True my most confusing moments, gave me en- Chief Kyle, thank you for your friendship, American Hero, but you are also the defini- couragement that helped push in one of my your service, and the impact you did have on tion of a True friend! From the late nights to toughest physical trials, and entertained so many of us. You made Texas, the United the early morning you could always make us many a moment in the office with his fun States, and the world a better place. We will laugh! You have for ever changed my life and banter and laughs. He was a hero on such a make sure your legacy lives longer than the many others. You will be forever missed but grand scale, but that heroism trickled into rest of us. never forgotten! the everyday through his shining character —Tommy Hicks We miss you Brother!!!! that made everyday encounters with him —Kevin special. Whether he was cranking up the Randy, thank you for pushing this in Con- treadmill as I ran, telling me he’d beat up gress. As you know, when Chris retired from Everyone fortunate enough to call them- my ex boyfriend for being mean, or telling an 11–yr career on Seal Team 3, he was the selves Americans should mourn the passing hilarious stories in the Craft conference most lethal sniper in US military history of one of our country’s greatest sons, Chris room I’ll never forget how Chris knew a mil- with 255 confirmed kills (DOD made him Kyle, for he represented everything that is lion different ways to elicit a smile. You’d take the number down to 150 as the prior US

VerDate Mar 15 2010 05:50 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A13FE7.034 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H496 CONGRESSIONAL RECORD — HOUSE February 13, 2013 record holder was Carlos Hathcock or White most yesterday is still what overwhelms me Is a legend born of a practiced skill or a cold Feather in Vietnam with 90). You may wish today, and that is how We Stood Together. lethality? to include these numbers or not but this is We stood together for Chris, but more impor- Is it bred by tests of physical strength, over- for your information. Chris lived with me tantly, we stood together for what he be- come and surmounted? and my family for 6 months while his wife lieved in. We stood together for our country Does it exist because of records broken, dis- and kids prepared and sold their home in and for one another. I will carry that mo- tances conquered, or kills acumulated? Coronado California before they moved to ment with me all the days of my life. Is a legend made by numbers in a desert, a Texas. Chris was born in Hamilton, Texas May God bless Chris Kyle, his family, and tally kept neatly on a papers in an of- and was essentially back home when this the United States of America fice? tragedy took place. He became a best-selling Thank you. Can a legend be worn like a trident? —Anne M. Stratford, Michigan author and decided early to donate the pro- No. This is not the stuff of legends. ceeds of the book to the 3 families of team With the untimely and unfortunate death A legend is made by a man with immeas- members he had lost while on Seal Team 3. of Chris Kyle the world witnessed the coming urable courage and uncommon valor. Little did he know that it would be his fam- together of a cross section our Country’s It lives in the heart of the bravest of men— ily needing it the most. people that one never would have placed on a heart the size of Texas. On Saturday, February 2, 2013, Chief Chris the same stage. Military hero’s honoring one A legend is forged by a man who would lead Kyle (USN), Craft International LLC’s Presi- of their own; family mourning the loss of when others would follow, would risk dent and the author of the best-selling book, their rock; a beautiful, smart and strong gladly his safety if only to serve God, American Sniper, and a friend were killed on wife holding it together and providing the country, and family. a gun range in Glen Rose, Texas. Chief Kyle, stability and comfort for her adoring two A legend becomes, through the blood of a a former Navy SEAL, served four Combat young children. man shed generously and willingly in tours in Operation Iraqi Freedom and else- The world has just begun to hear from defense of the greatest nation on where. For his bravery in battle, he was Chris Kyle. He has made a difference. Earth. awarded two Silver Stars, five Bronze Stars God rest his soul and bless his wife Taya A legend grows through a man’s with Valor, two Navy and Marine Corp and the children. unfathomable love for his wife, his son, Achievement Medals, and one Navy and Ma- —Ron Lusk and his daughter. rine Corps Commendation. After retiring A legend spreads as a man’s generosity, from the Navy, Chief Kyle founded Craft I want to note how profoundly sad and warmth, and infallible friendship reach International LLC, a military and law en- sorry I am at the passing of a great Amer- out and engulf all those he touches. forcement training company, and was in- ican, Chris Kyle, just a few days ago. So A legend endures. volved in numerous charities, including co- many of you on my personal list knew him A legend is forever so long as a man’s mem- well. For those who didn’t, Chris Kyle was founding FITCO Cares Foundation, and other ory lives on in the hearts of his Broth- many things: America’s most accomplished charitable events benefiting wounded and ers, his family, and all those who loved military sniper, a Navy SEAL, and a selfless disabled servicemen and women returning him. servant of our nation at war. You may have from combat. A legend lives on. —J. Kyle Bass heard he was murdered in a terrible fashion in my own hometown of Glen Rose, Texas. It Chris Kyle’s legend lives on in my own heart—the heart of his SEAL Brother, his Yesterday, I had the privilege of wit- was a sad end for a good man, and it recalls to mind the epitaph given by Thucydides: pupil, and his friend. His legend survives in nessing the outpouring of support for Chief the memory I keep and pass to my son, as Petty Officer Chris Kyle as he was escorted ‘‘The whole earth is the tomb of heroic men: and their story is not graven on their Chris joins the ranks of our nation’s finest to his final resting place in Austin, Texas. heroes and warriors. So long as there are 200 miles of support. Patriot Guard Riders clay, but abides everywhere without visible symbol—woven into the stuff of other men’s men willing to defend the helpless, to hunt leading the way. Thousands of people stand- down and destroy evil, and to love their God, ing in the cold and rain. Flags flying at lives.’’ The work of Chris Kyle is indeed ‘‘woven families, neighbors, and country, Chris Kyle every turn. Banners and signs with heart- into the stuff of [our] lives,’’ as we prosper, can never die. wrenching messages of love and support lin- live, and love, in the liberty he defended. It Chris, it was an honor to serve with you. It ing the streets and being hung from freeway is in his memory, and so many others who was a greater honor that you called me overpasses. Veterans raising their arms to fought and died before him, that this work, friend. Your legend lives on in me. salute a hero, their eyes filled with tears, as the work of defending freedom, must con- —Kevin ‘‘Dauber’’ Lacz the procession passed. tinue. The outpouring of support online was no Mr. FLORES. Mr. Speaker, on February 2 Our prayers are with his family and America lost Naval Chief Petty Officer Chris- different. Thousands of people from all over friends. the country who wanted to be there, whose —Brooke L. Rollins, President and CEO, topher Scott Kyle in a tragic shooting. hearts ached to be there, gathered as well. Texas Public Policy Foundation Chief Kyle was a true Texan who grew up Pictures and videos poured in from all along learning the cowboy ways in central Texas. the 200-mile route. As items were posted, It is not often you see the very best of the After a riding injury to his arm, his future in the people commented and shared and talked United States on display: too often, a prob- rodeo was lost. Kyle went on to pursue his about how they were feeling, how they were lem postponed is considered a problem other dream and joined the military. He served touched, how they were watching and listen- solved. Yet from time to time the citizens of in the Navy for 10 years most notably as a ing through tears. It was both a heart- that nation will do something to remind you breaking and heartwarming journey. of its greatness. Chief Petty Officer in the Navy SEAL’s. As- I never knew Chris, but his life affected me This past Monday afternoon, in Dallas, I signed to SEAL team 3 as a sniper, he served in profound ways; ways I almost hesitate to can confidently say I did indeed see the very 4 tours in ‘‘Operation Iraqi Freedom.’’ At the share because they are so deeply personal. best of the United States on display as I time of his tragic death, he was helping two Chris was a patriot. Not a fair-weather pa- joined seven thousand others to pay tribute fellow veterans cope with post-military life as triot, a standing up and speaking out for to an extraordinary person. As a friend who he did with many other veterans. what he believed in, knocked down and was also there observed: dragged through the mud, ‘‘I am never out of I don’t think an assemblage of so many During his 10 years of service to our coun- the fight’’ patriot. His passion for his coun- bronze and silver stars has ever honour one try, Chief Kyle earned many awards and deco- try and his belief in what he stood for were of their own and while we think of Chris as rations. He earned two Silver Stars, five unshakeable. our friend and our hero, he was truly a hero’s Bronze Stars with Valor, two Navy and Marine I admire Chris, not just for being the war- hero. Corps Achievement Medals, and one Navy rior he was, but for the man he was. The way The thing that resonated most with us on and Marine Corps Commendation. Kyle’s Monday afternoon at Cowboys Stadium was he believed in his wife, Taya, when she did achievements and ferocity earned not only the not yet believe in herself, and honor his not his heroism nor his decorations, it was greatest honor was being a father to his two his personality and his selflessness for his respect of his fellow service men and women, children, is a tribute to the rare, beautiful teammates and especially for his children. but the enemy as well. gift that love is, and the joy it brings to our While I sent out several copies of Chris book, On February 12, Chief Petty Officer Chris lives. I love the way he teased he family and American Sniper, in my November 2012 book- Kyle was laid to rest at the Texas State Cem- friends. The way he reached out to others list I did not realize that 100% of the pro- etery in Austin, Texas. Thousands lined the who were in pain. The way he not just ceeds were going to the families of team streets and highways to pay their respects and members who did not make it back from shared, but lived, his faith. honor the service and sacrifice of Chief Kyle I believe Chris represents the best in all of Iraq. us. He exuded the highest ideals. He believed —James Aitken as his funeral procession traveled 200 miles in his country and in his fellow man. He from Midlothian to Austin. showed us what we are capable of as, individ- TRIBUTE TO CHRIS KYLE On that day, we laid this American hero to uals, and more importantly, what we are ca- (By Kevin ‘‘Dauber’’ Lacz) rest. Our thoughts and prayers are with the pable of as a nation. What overwhelmed me Of what is a legend forged? family and the many friends of Chief Kyle. He

VerDate Mar 15 2010 05:50 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 7634 Sfmt 9920 E:\CR\FM\A13FE7.036 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE February 13, 2013 CONGRESSIONAL RECORD — HOUSE H497 will forever be remembered as an outstanding father. He went on to use those skills in de- After completing his combat duty in 2009, sailor, husband, and father. We thank him and fense of our nation as a SEAL in the U.S. Chris continued to serve not only his country his family for their service and sacrifice for our Navy. Chief Kyle served in every major battle but also the unit he loved so much—the Navy country. of Operation Iraqi Freedom during his four SEALs—as well as fellow veterans of all His sacrifice reflects the words of Jesus in tours in Iraq. During his time in Iraq, he was branches struggling to cope with the effects of John 15:13, ‘‘Greater love hath no man that shot twice and involved in several IED explo- serving their country in wartime. Chris au- this, that a man lay down his life for his sions, and was awarded for his distinguished thored the Naval Special Warfare Sniper Doc- friends.’’ service both the Bronze and Silver Star med- trine—the first Navy SEAL sniper manual— God bless our military men and women, and als several times. and became chief instructor training Naval God bless America. After being honorably discharged from the Special Warfare Sniper and Counter–Sniper Mr. GENE GREEN of Texas. Mr. Speaker, Navy in 2009, this devoted family man to wife, teams. In 2011, Chris paired with FITCO Fit- I rise to honor an American hero, Chief Petty Taya, and their two children, settled in ness to establish the FITCO Cares Foundation Officer Chris Kyle. Midlothian, Texas to run Craft International, a Heroes Project to help disabled or struggling Eleven days ago, Chief Kyle was taken firm that provides law enforcement training veterans improve their lives. Chris knew that away from all of us while doing what he did and security protection. Determined to help his his experiences as a SEAL and the challenges best—helping others, especially fellow vet- fellow soldiers, Chris helped create the Fitco he faced upon returning home could best be erans. Cares Foundation, which provides support and During his four tours in Iraq, Chief Kyle channeled into helping fellow veterans and encouragement to veterans in need. their families who have given so much to en- served in every major battle of Operation Iraqi The untimely death of this American patriot Freedom. His skill as a sniper became leg- sure our safety and our freedom. and military hero is a devastating loss—not Sadly, Chris, along with his friend and fellow endary among Americans and insurgents just for his precious family, but for his fellow veteran, Chad Littlefield, died senselessly Sat- alike. He was given the nickname ‘‘the devil of veterans, his community and the entire nation. urday while trying to help another fellow vet- Ramadi’’ by the insurgents and a $20,000 We grieve for his wife, and children, who must eran. While we may never be able to make bounty was placed on his head. go on without his presence. We lament that sense of this terrible tragedy, today, we re- By the time Chief Kyle left the Navy in 2009, his good works are left unfinished. And we member the sacrifice of these two brave men, he had made 160 confirmed kills, more than mourn for the lives who have been robbed of who were not only heroic in their defense of any other U.S. military sniper in history. ever knowing him and benefitting from his this nation, but were also heroic here at home Chief Kyle returned home to Midlothian, faith, encouragement, and tenacity. Texas in 2009 to be with his wife, Taya Kyle, Mr. HENSARLING. Mr. Speaker, my prayers as they attempted to better the lives of their and their two young children. today are with the family and loved ones of returning comrades. Chief Kyle continued protecting his fellow Chief Petty Officer Chris Kyle. I was deeply Chris Kyle was deeply committed to serving warriors through the creation of the Fitco saddened to learn of the tragic shooting of two both his country and his fellow veterans and Cares Foundation, which raised awareness men, including Chief Petty Officer Kyle, that will always be remembered as one who and money to help veterans overcome post- took place in Erath County, Texas on Feb- placed honor and duty above his own per- traumatic stress disorder. ruary 2nd. A Navy SEAL, Chief Petty Officer sonal interest and safety. I am humbled by his In 2012, Chief Kyle’s, American Sniper, was Kyle earned distinction for his actions in battle service and dedication to not just the SEALs, published. Though his book became a best during several tours of duty in Iraq, and is re- but to his country, his fellow veterans, his seller, he never received money from it. In- nowned as the most lethal sniper in American community, his friends and his family. His sac- stead, he used the proceeds for the families of military history. Chief Petty Officer Kyle—by all rifice exemplifies that set forth in John 15:13, two friends and fellow SEALs. accounts, a devoted father and husband— ‘‘Greater love has no one than this, than to lay Most notable of all, Chief Kyle was a man committed his life after serving to assisting his down one’s life for his friends.’’ who loved his family deeply, watched over his fellow veterans. May the peace of God be with those they friends, and did all he could to protect and I join the citizens of a grateful nation in hon- loved and those who loved them and sustain help those close to him. oring Chief Petty Officer Kyle and all of our them through this time of sorrow. I offer my condolences to the family and current and former military personnel for their f friends of Chris Kyle and offer the thanks of a valiant service. As the son, grandson, and b 1610 grateful nation. brother of veterans, I deeply appreciate the Mr. MARCHANT. Mr. Speaker, I rise today brave men and women who have sacrificed to APPOINTMENT OF MEMBERS TO with a heavy heart after the loss of an Amer- make our country and the world a better, safer PERMANENT SELECT COM- ican hero. I was saddened last week to learn place to live. President Calvin Coolidge once MITTEE ON INTELLIGENCE about the tragic death of Chris Kyle, a former said, ‘‘The nation which forgets its defenders The SPEAKER pro tempore. The Navy SEAL, decorated Iraq war veteran and will itself be forgotten.’’ I agree, and will do my Chair announces, without objection, valuable member of the North Texas commu- utmost to make sure that our defenders, such that the Speaker’s appointment of nity. Mr. Kyle was a native Texan and re- as Chief Petty Officer Kyle, are remembered. members of the Permanent Select ceived numerous awards and decorations Mr. SESSIONS. Mr. Speaker, it is with a Committee on Intelligence on Feb- throughout his four tours of duty in Iraq, in- heavy heart that I rise today in honor and in ruary 8, 2013, is made notwithstanding cluding two Silver Stars, five Bronze Stars with memory of former U.S. Navy SEAL Chris Kyle. the requirement of clause 11(a)(4)(A) of Valor, and two Navy and Marine Corps Chris was senselessly killed on Saturday, Feb- rule X; and the Speaker’s appointment, Achievement Medals. ruary 2, 2013, along with a fellow veteran at pursuant to clause 11 of rule X, clause Upon his honorable discharge in 2009, Mr. a gun range 50 miles southwest of Fort Worth, 11 of rule I, and the order of the House Kyle returned home to North Texas and began Texas. of January 3, 2013, and notwithstanding focusing his attention on helping other vet- Chris was a true patriot who served our the requirement of clause 11(a)(1)(C) of erans cope with the physical and emotional country with distinction and honor. Born in rule X, of the following Members of the struggles of life after deployment. Whether he Odessa, Texas, Chris joined the United States House to the Permanent Select Com- was in combat or in the community, Mr. Kyle Navy in 1999, after being initially rejected due mittee on Intelligence: was always dedicated to providing support for to an arm injury sustained during his time as Mr. THOMPSON, California his fellow service members. His death is truly a professional bronco rodeo rider. Following Ms. SCHAKOWSKY, Illinois a significant loss, not only for North Texas, but his initial training, Kyle was assigned to the il- Mr. LANGEVIN, Rhode Island for the country as a whole. I ask my col- lustrious SEAL Team 3, where he participated Mr. SCHIFF, California leagues to join me in mourning the passing of in every major battle of Operation Iraqi Free- Mr. GUTIERREZ, Illinois this selfless American hero and to continue to dom. For his bravery, he was awarded two Sil- Mr. PASTOR, Arizona send thoughts and prayers to his family and ver Stars, five Bronze Stars with Valor, two Mr. HIMES, Connecticut loved ones. Navy and Marine Corps Achievement Medals, f Mr. BRADY of Texas. Mr. Speaker, I rise and one Navy and Marine Corps Commenda- today to honor the life of native Texan, Chief tion. Additionally, Kyle is credited with sniping RECESS Petty Officer Christopher Scott Kyle, a Navy more than 160 insurgents throughout his four The SPEAKER pro tempore. Pursu- SEAL and a true American hero. deployments, making him one of the most le- ant to clause 12(a) of rule I, the Chair Chris Kyle grew up in Odessa, Texas and thal snipers in the history of the United States declares the House in recess subject to as a young child, was taught to shoot by his military. the call of the Chair.

VerDate Mar 15 2010 04:54 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A13FE7.019 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H498 CONGRESSIONAL RECORD — HOUSE February 13, 2013 Accordingly (at 4 o’clock and 13 min- 267. A letter from the Director, Regulatory Executive Order 13581 of July 24, 2011; to the utes p.m.), the House stood in recess. Management Division, Environmental Pro- Committee on Foreign Affairs. tection Agency, transmitting the Agency’s 278. A letter from the Secretary, Depart- f final rule — Alpha-Cypermethrin; Pesticide ment of the Treasury, transmitting as re- b 1919 Tolerances [EPA-HQ-OPP-2010-0234; FRL- quired by section 401(c) of the National 9376-1A] received January 30, 2013, pursuant Emergencies Act, 50 U.S.C. 1641(c), and sec- AFTER RECESS to 5 U.S.C. 801(a)(1)(A); to the Committee on tion 204(c) of the International Emergency The recess having expired, the House Agriculture. Economic Powers Act, 50 U.S.C. 1703(c), a 268. A letter from the Director, Regulatory was called to order by the Speaker pro six-month periodic report on the national Management Division, Environmental Pro- emergency with respect to the former Libe- tempore (Mr. NUGENT) at 7 o’clock and tection Agency, transmitting the Agency’s rian regime of Charles Taylor that was de- 19 minutes p.m. final rule — Styrene-2-Ethylhexyl Acrylate clared in Executive Order 13348 of July 22, f Copolymer; Tolerance Exemption [EPA-HQ- 2004; to the Committee on Foreign Affairs. OPP-2012-0456; FRL-9367-2] received January 279. A letter from the Honorary Secretary, REGARDING COMPOSITION OF PER- 30, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to Foundation of Japanese Honorary Debts, MANENT SELECT COMMITTEE ON the Committee on Agriculture. transmitting the 218th petition to the Prime INTELLIGENCE 269. A letter from the Director, Regulatory Minister of Japan; to the Committee on For- Management Division, Environmental Pro- Mr. WOODALL. Mr. Speaker, I ask eign Affairs. tection Agency, transmitting the Agency’s 280. A letter from the Senior Procurement unanimous consent that, notwith- final rule — Approval and Promulgation of Executive, Deputy Chief Acquisition Officer, standing the requirement of clause Air Quality Implementation Plans; Min- General Services Administration, transmit- 11(a)(1) of rule X, the Permanent Select nesota; Flint Hills Resources Pine Bend ting the Administration’s final rule — Fed- Committee on Intelligence be com- [EPA-R05-OAR-2011-0328; FRL-9774-4] re- eral Acquisition Regulation; Free Trade posed of not more than 21 Members, ceived January 30, 2013, pursuant to 5 U.S.C. Agreement-Columbia [FAC 2005-65; FAR Case Delegates, or the Resident Commis- 801(a)(1)(A); to the Committee on Energy and 2012-012; Item III; Docket 2012-0012, Sequence Commerce. 1] (RIN: 9000-AM24) received January 31, 2013, sioner. 270. A letter from the Director, Regulatory The SPEAKER pro tempore. Is there pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Management Division, Environmental Pro- mittee on Oversight and Government Re- objection to the request of the gen- tection Agency, transmitting the Agency’s form. tleman from Georgia? final rule — Approval and Promulgation of 281. A letter from the Senior Procurement There was no objection. Implementation Plans; Texas; Beaumont/ Executive, Deputy Chief Acquisition Officer, Port Arthur Ozone Maintenance Plan Revi- f General Services Administration, transmit- sion to Approved Motor Vehicle Emissions ting the Administration’s final rule — Fed- APPOINTMENT OF MEMBER TO Budgets [EPA-R06-OAR-2012-0435; FRL-9775-2] eral Acquisition Regulation; Extension of PERMANENT SELECT COM- received January 30, 2013, pursuant to 5 Sunset Date For Protests of Task and Deliv- MITTEE ON INTELLIGENCE U.S.C. 801(a)(1)(A); to the Committee on En- ery Orders [FAC 2005-65; FAR Case 2012-007; ergy and Commerce. Item II; Docket 2012-0007, Sequence 1] (RIN: The SPEAKER pro tempore. The 271. A letter from the Director, Regulatory 9000-AM26) received January 31, 2013, pursu- Chair announces, without objection, Management Division, Environmental Pro- ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Speaker’s appointment, pursuant tection Agency, transmitting the Agency’s on Oversight and Government Reform. to clause 11 of rule X, clause 11 of rule final rule — Revisions to the California 282. A letter from the Senior Procurement I, and the order of the House of Janu- State Implementation Plan, San Joaquin Executive, Deputy Chief Acquisition Officer, Valley United Air Pollution Control District General Services Administration, transmit- ary 3, 2013, and notwithstanding the re- [EPA-R09-OAR-2012-0614; FRL-9771-3] re- quirement of clause 11(a)(1)(C) of rule ting the Administration’s final rule — Fed- ceived January 30, 2013, pursuant to 5 U.S.C. eral Acquisition Regulation; Prohibition on X, of the following Member of the 801(a)(1)(A); to the Committee on Energy and Contracting with Inverted Domestic Cor- House to the Permanent Select Com- Commerce. porations [FAC 2005-65; FAR Case 2012-013; mittee on Intelligence: 272. A letter from the Director, Regulatory Item I; Docket 2012-0013, Sequence 1] (RIN: Ms. SEWELL, Alabama Management Division, Environmental Pro- 9000-AM22) received January 31, 2013, pursu- tection Agency, transmitting the Agency’s f ant to 5 U.S.C. 801(a)(1)(A); to the Committee final rule — 2-Pyrrolidone, 1-ethenyl-, poly- on Oversight and Government Reform. REPORT ON RESOLUTION PRO- mer with ethenol; Tolerance Exemption 283. A letter from the Senior Procurement VIDING FOR CONSIDERATION OF [EPA-HQ-OPP-2012-0789; FRL-9376-1] received Executive, Deputy Chief Acquisition Officer, January 30, 2013, pursuant to 5 U.S.C. General Services Administration, transmit- H.R. 273, ELIMINATION OF 2013 801(a)(1)(A); to the Committee on Energy and PAY ADJUSTMENT, AND FOR ting the Administration’s final rule — Fed- Commerce. eral Acquisition Regulation; Federal Acqui- OTHER PURPOSES 273. A letter from the Acting Secretary, sition Circular 2005-65; Introduction [Docket: Department of Commerce, transmitting the Mr. WOODALL, from the Committee FAR 2013-0076, Sequence 1] received January Department’s report on Foreign Policy- on Rules, submitted a privileged report 31, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to Based Export Controls for 2013; to the Com- the Committee on Oversight and Govern- (Rept. No. 113–9) on the resolution (H. mittee on Foreign Affairs. ment Reform. Res. 66) providing for consideration of 274. A letter from the Acting Secretary, 284. A letter from the Principal Deputy As- the bill (H.R. 273) to eliminate the 2013 Department of Commerce, transmitting a sistant Attorney General, Department of certification of export to China; to the Com- statutory pay adjustment for Federal Justice, transmitting the Department’s re- mittee on Foreign Affairs. employees, which was referred to the port on the Paul Coverdell National Forensic House Calendar and ordered to be 275. A letter from the Acting Secretary, Department of Commerce, transmitting a Science Improvement Grants Program, man- printed. certification of export to China; to the Com- aged by the Office of Justice Programs’ Na- f mittee on Foreign Affairs. tional Institute of Justice, pursuant to Pub- 276. A letter from the Secretary, Depart- lic Law 90-351, section 2806(b); to the Com- ADJOURNMENT ment of Treasury, transmitting as required mittee on the Judiciary. Mr. WOODALL. Mr. Speaker, I move by section 401(c) of the National Emergencies 285. A letter from the Principal Deputy As- sistant Attorney General, Department of that the House do now adjourn. Act, 50 U.S.C. 1641(c), and section 204(c) of the International Emergency Economic Pow- Justice, transmitting the annual report enti- The motion was agreed to; accord- tled, ‘‘Prioritizing Resources and Organiza- ingly (at 7 o’clock and 21 minutes ers Act, 50 U.S.C. 1703(c), a six-month peri- odic report on the national emergency with tion for Intellectual Property Act of 2012’’; p.m.), under its previous order, the respect to Libya that was declared in Execu- to the Committee on the Judiciary. House adjourned until tomorrow, tive Order 13566 of February 25, 2011; to the f Thursday, February 14, 2013, at 10 a.m. Committee on Foreign Affairs. for morning-hour debate. 277. A letter from the Secretary, Depart- REPORTS OF COMMITTEES ON ment of the Treasury, transmitting as re- PUBLIC BILLS AND RESOLUTIONS f quired by section 401(c) of the National Under clause 2 of rule XIII, reports of EXECUTIVE COMMUNICATIONS, Emergencies Act, 50 U.S.C. 1641(c), and sec- committees were delivered to the Clerk ETC. tion 204(c) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(c), a for printing and reference to the proper Under clause 2 of rule XIV, executive six-month periodic report on the national calendar, as follows: communications were taken from the emergency with respect to transnational Mr. WOODALL: Committee on Rules. Speaker’s table and referred as follows: criminal organizations that was declared in House Resolution 66. Resolution providing

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for consideration of the bill (H.R. 273) to H.R. 629. A bill to provide protections North Carolina, Mr. PERLMUTTER, eliminate the 2013 statutory pay adjustment against violence against immigrant women, Mr. CICILLINE, Mr. VAN HOLLEN, Mr. for Federal employees, and for other pur- and for other purposes; to the Committee on BERA of California, Mr. ISRAEL, Ms. poses (Rept. 113–9). Referred to the House the Judiciary, and in addition to the Com- TSONGAS, Mr. THOMPSON of Cali- Calendar. mittees on Financial Services, and Energy fornia, Ms. GABBARD, Mr. DEFAZIO, and Commerce, for a period to be subse- Mr. LOEBSACK, Mr. OWENS, Mr. BEN f quently determined by the Speaker, in each RAY LUJA´ N of New Mexico, Mrs. PUBLIC BILLS AND RESOLUTIONS case for consideration of such provisions as KIRKPATRICK, Mr. MORAN, Mr. LYNCH, fall within the jurisdiction of the committee Ms. EDWARDS, Ms. SCHWARTZ, Ms. Under clause 2 of rule XII, public concerned. SHEA-PORTER, Mrs. CAROLYN B. bills and resolutions of the following By Mr. DEFAZIO: MALONEY of New York, Mrs. CAPPS, titles were introduced and severally re- H.R. 630. A bill to recalculate and restore Ms. BONAMICI, Mr. KILDEE, Ms. PIN- ferred, as follows: retirement annuity obligations of the United GREE of Maine, Mr. RAHALL, Mrs. States Postal Service, eliminate the require- By Mr. ROGERS of Michigan (for him- BUSTOS, Ms. ESTY, Ms. KUSTER, Mrs. ment that the United States Postal Service self and Mr. RUPPERSBERGER): MCCARTHY of New York, Mr. RUP- pre-fund the Postal Service Retiree Health H.R. 624. A bill to provide for the sharing of PERSBERGER, and Mr. PETERS of Cali- Benefits Fund, place restrictions on the clo- certain cyber threat intelligence and cyber fornia): sure of postal facilities, create incentives for threat information between the intelligence H.R. 636. A bill to prohibit Members of innovation for the United States Postal community and cybersecurity entities, and Congress from receiving any automatic pay Service, to maintain levels of postal service, for other purposes; to the Committee on In- adjustments through the end of the One Hun- and for other purposes; to the Committee on telligence (Permanent Select). dred Thirteenth Congress; to the Committee Oversight and Government Reform, and in By Mr. LOBIONDO (for himself and Mr. on House Administration, and in addition to addition to the Committee on the Judiciary, PALLONE): the Committee on Oversight and Govern- for a period to be subsequently determined H.R. 625. A bill to amend chapter 178 of ment Reform, for a period to be subsequently by the Speaker, in each case for consider- title 28 of the United States Code to permit determined by the Speaker, in each case for ation of such provisions as fall within the ju- during a 4-year period States to enact stat- consideration of such provisions as fall with- risdiction of the committee concerned. utes that exempt from the operation of such in the jurisdiction of the committee con- By Mr. FLORES (for himself and Mr. chapter, lotteries, sweepstakes, and other cerned. TAKANO): By Mr. POE of Texas (for himself and betting, gambling, or wagering schemes in- H.R. 631. A bill to amend title 10, United volving professional and amateur sports; to Ms. LOFGREN): States Code, to provide requirements for the H.R. 637. A bill to provide for a legal frame- the Committee on the Judiciary. contents of the Transition Assistance Pro- work for the operation of public unmanned By Mr. PALLONE (for himself and Mr. gram, and for other purposes; to the Com- aircraft systems, and for other purposes; to LOBIONDO): mittee on Armed Services, and in addition to the Committee on the Judiciary. H.R. 626. A bill to amend title 28 of the the Committee on Veterans’ Affairs, for a pe- By Mr. FLEMING (for himself, Mr. United States Code to exclude the State of riod to be subsequently determined by the SIMPSON, Mr. YOUNG of Alaska, Mr. New Jersey from the prohibition on profes- Speaker, in each case for consideration of JONES, Mr. FRANKS of Arizona, Mr. sional and amateur sports gambling to the such provisions as fall within the jurisdic- GOHMERT, Mr. MCCLINTOCK, Mr. extent approved by the legislature of the tion of the committee concerned. POSEY, Mr. THOMPSON of Pennsyl- State; to the Committee on the Judiciary. By Mr. PETRI (for himself, Mr. GENE vania, Mr. AMODEI, Mrs. BLACKBURN, By Mr. PAULSEN (for himself, Ms. GREEN of Texas, Mr. ROE of Ten- and Mr. SOUTHERLAND): KAPTUR, Mr. KIND, and Mr. nessee, and Mr. AMODEI): H.R. 638. A bill to amend the National REICHERT): H.R. 632. A bill to authorize the Depart- Wildlife Refuge System Administration Act H.R. 627. A bill to provide for the issuance ment of Labor’s voluntary protection pro- of 1966 to require that any new national wild- of coins to commemorate the 100th anniver- gram and to expand the program to include life refuge may not be established except as sary of the establishment of the National more small businesses; to the Committee on expressly authorized by statute; to the Com- Park Service, and for other purposes; to the Education and the Workforce. mittee on Natural Resources. Committee on Financial Services. By Mr. CHAFFETZ (for himself, Mr. By Ms. ROYBAL-ALLARD: By Mrs. NAPOLITANO (for herself, Mr. LABRADOR, and Ms. LOFGREN): H.R. 639. A bill to reform immigration de- BARBER, Ms. BROWNLEY of California, H.R. 633. A bill to amend the Immigration tention procedures, and for other purposes; Mr. CARTWRIGHT, Ms. CASTOR of Flor- and Nationality Act to eliminate the per- to the Committee on the Judiciary, and in ida, Mrs. CHRISTENSEN, Ms. CHU, Mr. country numerical limitation for employ- addition to the Committee on Homeland Se- CICILLINE, Mr. CONYERS, Mr. COURT- ment-based immigrants, to increase the per- curity, for a period to be subsequently deter- NEY, Ms. DEGETTE, Mr. ELLISON, Mr. country numerical limitation for family- mined by the Speaker, in each case for con- AL GREEN of Texas, Mr. GRIJALVA, sponsored immigrants, and for other pur- sideration of such provisions as fall within Mr. HASTINGS of Florida, Mr. HINO- poses; to the Committee on the Judiciary. the jurisdiction of the committee concerned. JOSA, Ms. EDDIE BERNICE JOHNSON of By Mr. GRIMM (for himself, Mr. By Mr. BILIRAKIS: Texas, Ms. KAPTUR, Ms. LEE of Cali- PETERS of Michigan, Mr. AUSTIN H.R. 640. A bill to require the Secretary of fornia, Mr. LOEBSACK, Mr. SCOTT of Georgia, and Mr. MCIN- Homeland Security to strengthen student LOWENTHAL, Ms. MICHELLE LUJAN TYRE): visa background checks and improve the GRISHAM of New Mexico, Mr. BEN RAY H.R. 634. A bill to provide end user exemp- monitoring of foreign students in the United LUJA´ N of New Mexico, Mrs. MCCAR- tions from certain provisions of the Com- States, and for other purposes; to the Com- THY of New York, Ms. MOORE, Mrs. modity Exchange Act and the Securities Ex- mittee on the Judiciary. NEGRETE MCLEOD, Mr. PASTOR of Ari- change Act of 1934, and for other purposes; to By Ms. BORDALLO (for herself and Mr. zona, Mr. PERLMUTTER, Mr. PETERS the Committee on Financial Services, and in WILSON of South Carolina): of Michigan, Mr. RANGEL, Ms. ROY- addition to the Committee on Agriculture, H.R. 641. A bill to amend title 32, United BAL-ALLARD, Mr. RUIZ, Mr. RUSH, Mr. for a period to be subsequently determined States Code, to codify the National Guard SCHIFF, Mr. SCOTT of Virginia, Ms. by the Speaker, in each case for consider- State Partnership Program regarding the SHEA-PORTER, Mr. SIRES, Ms. ation of such provisions as fall within the ju- funding sources for and purposes of the pro- SLAUGHTER, Mr. THOMPSON of Cali- risdiction of the committee concerned. gram and specifying certain limitations on fornia, Mr. TONKO, Mr. VAN HOLLEN, By Mr. PEARCE (for himself, Mr. TIP- the use of such funding; to the Committee on Mr. VARGAS, Mr. VELA, Ms. TON, Mr. YOUNG of Alaska, Mr. Armed Services. VELA´ ZQUEZ, Ms. WATERS, and Mr. FORBES, Mr. HARRIS, Mr. HALL, Mr. By Mr. BURGESS: WALZ): MARCHANT, Mr. WILSON of South H.R. 642. A bill to make clear that an agen- H.R. 628. A bill to amend the Public Health Carolina, Mr. FLORES, Mr. GOHMERT, cy outside of the Department of Health and Service Act to revise and extend projects re- Mr. WESTMORELAND, Mr. CONAWAY, Human Services may not designate, appoint, lating to children and violence to provide ac- Mr. RAHALL, Mr. JONES, Mr. GOSAR, or employ special consultants, fellows, or cess to school-based comprehensive mental and Mr. POSEY): other employees under subsection (f) or (g) of health programs; to the Committee on En- H.R. 635. A bill to amend title 38, United section 207 of the Public Health Service Act; ergy and Commerce. States Code, to require the Secretary of Vet- to the Committee on Energy and Commerce. By Ms. SCHAKOWSKY (for herself, Ms. erans Affairs to enter into contracts with By Mr. BURGESS: CHU, Ms. CLARKE, Ms. ESHOO, Mr. community health care providers to improve H.R. 643. A bill to provide that no Federal GRIJALVA, Mr. GUTIERREZ, Ms. HAHN, access to health care for veterans in highly or State requirement to increase energy effi- Mr. HONDA, Ms. LEE of California, rural areas, and for other purposes; to the cient lighting in public buildings shall re- Mrs. CAROLYN B. MALONEY of New Committee on Veterans’ Affairs. quire a hospital, school, day care center, York, Ms. MOORE, Mrs. NAPOLITANO, By Mr. CONNOLLY (for himself, Mr. mental health facility, or nursing home to Mr. POLIS, Mr. RANGEL, Mr. VARGAS, CUMMINGS, Ms. NORTON, Mr. CONYERS, install or utilize such energy efficient light- and Ms. WATERS): Ms. HAHN, Mr. ANDREWS, Mr. PRICE of ing if the lighting contains mercury; to the

VerDate Mar 15 2010 04:54 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A13FE7.012 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H500 CONGRESSIONAL RECORD — HOUSE February 13, 2013 Committee on Energy and Commerce, and in fall within the jurisdiction of the committee H.R. 655. A bill to authorize States to use addition to the Committee on Transpor- concerned. assistance provided under the Hardest Hit tation and Infrastructure, for a period to be By Mr. DEUTCH: Fund program of the Department of the subsequently determined by the Speaker, in H.R. 648. A bill to amend the Federal Elec- Treasury to demolish blighted structures, each case for consideration of such provi- tion Campaign Act of 1971 to require the Fed- and for other purposes; to the Committee on sions as fall within the jurisdiction of the eral Election Commission to establish and Financial Services. committee concerned. operate a website through which members of By Mr. JOYCE (for himself, Ms. FUDGE, By Mr. CARNEY (for himself, Mr. AN- the public may view the contents of certain and Ms. KAPTUR): DREWS, Mr. CARTWRIGHT, Mr. DENT, political advertisements, to require the H.R. 656. A bill to provide $4,000,000,000 in Mr. FITZPATRICK, Mr. GIBSON, Mr. sponsors of such advertisements to furnish new funding through bonding to empower HOLT, Mr. LOBIONDO, Mr. MEEHAN, the contents of the advertisements to the States to undertake significant residential Mr. RUNYAN, and Ms. SCHWARTZ): Commission, and for other purposes; to the and commercial structure demolition H.R. 644. A bill to direct the Secretary of Committee on House Administration. projects in urban and other targeted areas, the Interior to establish a program to build By Mr. DEUTCH (for himself, Ms. KAP- and for other purposes; to the Committee on on and help coordinate funding for restora- TUR, Ms. SCHAKOWSKY, Ms. PINGREE of Ways and Means, and in addition to the Com- tion and protection efforts of the 4-State Maine, Mr. CICILLINE, and Mr. LAN- mittee on Foreign Affairs, for a period to be Delaware River Basin region, and for other GEVIN): subsequently determined by the Speaker, in purposes; to the Committee on Natural Re- H.R. 649. A bill to amend title II of the So- each case for consideration of such provi- sources, and in addition to the Committee on cial Security Act and the Internal Revenue sions as fall within the jurisdiction of the Transportation and Infrastructure, for a pe- Code of 1986 to make improvements in the committee concerned. riod to be subsequently determined by the old-age, survivors, and disability insurance By Mr. LABRADOR (for himself, Mr. Speaker, in each case for consideration of program, to provide for cash relief for years AMODEI, Mr. COSTA, Mr. GOSAR, Mr. such provisions as fall within the jurisdic- for which annual COLAs do not take effect MCCLINTOCK, Mrs. NOEM, Mr. THOMP- tion of the committee concerned. under certain cash benefit programs, and to SON of Pennsylvania, Mr. TIPTON, Mr. By Mr. COHEN (for himself, Mr. provide for Social Security benefit protec- SIMPSON, and Mr. WALDEN): BUTTERFIELD, Mr. JOHNSON of Geor- tion; to the Committee on Ways and Means, H.R. 657. A bill to amend the Federal Land gia, Mr. MEEKS, Mr. CONYERS, Ms. and in addition to the Committee on Edu- Policy and Management Act of 1976 to im- NORTON, Mr. ELLISON, Ms. SCHA- cation and the Workforce, for a period to be prove the management of grazing leases and KOWSKY, Mr. MICHAUD, Ms. EDWARDS, subsequently determined by the Speaker, in permits, and for other purposes; to the Com- Mr. DANNY K. DAVIS of Illinois, Mr. each case for consideration of such provi- mittee on Natural Resources, and in addition HOLT, Mr. GRIJALVA, Ms. ROYBAL- sions as fall within the jurisdiction of the to the Committee on Agriculture, for a pe- ALLARD, Mr. DINGELL, Mr. SERRANO, committee concerned. riod to be subsequently determined by the Mr. RANGEL, Ms. LEE of California, By Ms. EDWARDS (for herself, Ms. Speaker, in each case for consideration of Mr. LARSEN of Washington, Ms. BASS, SCHAKOWSKY, Mr. RANGEL, Ms. LEE of such provisions as fall within the jurisdic- Mr. FARR, Mr. HONDA, Mr. TAKANO, California, Mr. CONYERS, Mr. HAS- tion of the committee concerned. Ms. SHEA-PORTER, and Ms. EDDIE TINGS of Florida, Ms. LINDA T. By Mr. LATTA (for himself, Mr. JOR- BERNICE JOHNSON of Texas): ´ SANCHEZ of California, Mr. CLEAVER, DAN, and Ms. KAPTUR): H.R. 645. A bill to amend the Fair Credit Mr. GRIJALVA, Mr. LEWIS, Mr. JOHN- H.R. 658. A bill to authorize and request Reporting Act to prohibit the use of con- SON of Georgia, Ms. MCCOLLUM, Ms. the President to award the Congressional sumer credit checks against prospective and PINGREE of Maine, Mr. RUSH, Mr. Medal of Honor to Arthur Jibilian for ac- current employees for the purposes of mak- HONDA, Ms. DELAURO, Mr. ENYART, ing adverse employment decisions; to the tions behind enemy lines during World War Mr. NADLER, Mr. BRADY of Pennsyl- II while a member of the United States Navy Committee on Financial Services. vania, Ms. WASSERMAN SCHULTZ, and By Mr. COHEN: and the Office of Strategic Services; to the Mrs. NEGRETE MCLEOD): Committee on Armed Services. H.R. 646. A bill to amend title 11 of the H.R. 650. A bill to amend the Fair Labor By Mr. LATTA (for himself and Mr. United States Code to provide additional Standards Act of 1938 to establish a base PASCRELL): protections for debtors from discrimination minimum wage for tipped employees; to the H.R. 659. A bill to amend title 5, United by private employers, and for other purposes; Committee on Education and the Workforce. States Code, to reform the provisions of law to the Committee on the Judiciary. By Mr. ELLISON (for himself, Ms. commonly referred to as the ‘‘Hatch Act’’; to By Mr. CRENSHAW (for himself, Mr. SCHAKOWSKY, and Mr. MORAN): VAN HOLLEN, Mrs. MCMORRIS ROD- H.R. 651. A bill to modify provisions of law the Committee on Oversight and Govern- GERS, Mr. SESSIONS, Mr. RUNYAN, Mr. relating to refugee resettlement, and for ment Reform. MICA, Ms. TSONGAS, Mr. COFFMAN, other purposes; to the Committee on the Ju- By Ms. LEE of California: Mr. ROE of Tennessee, Mr. COOPER, diciary, and in addition to the Committees H.R. 660. A bill to amend the Public Health Mr. MORAN, Mr. HARPER, Mr. CON- on Foreign Affairs, and Ways and Means, for Service Act to create a National NOLLY, Mr. SARBANES, Ms. CLARKE, a period to be subsequently determined by Neuromyelitis Optica Consortium to provide Mr. LARSEN of Washington, Mr. GER- the Speaker, in each case for consideration grants and coordinate research with respect LACH, Mr. LARSON of Connecticut, Mr. of such provisions as fall within the jurisdic- to the causes of, and risk factors associated CARSON of Indiana, Mr. TONKO, Mr. tion of the committee concerned. with, neuromyelitis optica, and for other CICILLINE, Mr. RYAN of Ohio, Mr. By Mr. GOWDY: purposes; to the Committee on Energy and YOUNG of Florida, Mr. HOLT, Mrs. H.R. 652. A bill to amend the Foreign As- Commerce. CAPPS, Mr. BACHUS, Mr. MCGOVERN, sistance Act of 1961 to limit assistance to By Ms. LEE of California (for herself, Ms. BONAMICI, Mr. MATHESON, Mr. countries that engage in certain discrimina- Mr. MORAN, Mrs. LOWEY, Ms. MILLER of Florida, Mr. NUNNELEE, tory religious, educational, or freedom of DELAURO, Mr. QUIGLEY, Mr. FARR, Mr. STIVERS, Mr. WOMACK, Ms. HER- movement practices; to the Committee on Ms. PINGREE of Maine, Ms. MCCOL- RERA BEUTLER, Mr. JOHNSON of Ohio, Foreign Affairs. LUM, Mr. PRICE of North Carolina, Mrs. DAVIS of California, Mr. COURT- By Mr. AL GREEN of Texas (for him- Mr. HONDA, Mr. SCHIFF, Mr. SERRANO, NEY, Mr. KING of New York, Mrs. self and Mr. BRADY of Pennsylvania): Ms. ROYBAL-ALLARD, and Mr. HARTZLER, Mr. MCKINLEY, Mr. SMITH H.R. 653. A bill to direct the Election As- FATTAH): of New Jersey, Mr. VELA, Mr. WOLF, sistance Commission to carry out a pilot H.R. 661. A bill to repeal certain impedi- Mrs. CAPITO, Mr. YARMUTH, Ms. program under which the Commission shall ments to the administration of the firearms BROWNLEY of California, Mr. YODER, provide funds to local educational agencies laws; to the Committee on the Judiciary. Mr. ROONEY, Mr. MARCHANT, Mrs. for initiatives to provide voter registration By Mr. LUETKEMEYER (for himself, BROOKS of Indiana, Ms. NORTON, Mrs. information to secondary school students in Mr. KING of Iowa, Mr. LATTA, Mrs. BACHMANN, Mr. HONDA, Mr. MEEHAN, the 12th grade; to the Committee on House BLACK, Mr. MCCLINTOCK, Mr. GRAVES Mr. BENISHEK, Mr. POE of Texas, Mr. Administration. of Missouri, Mrs. LUMMIS, Mr. DUN- WELCH, Mr. WALBERG, and Mr. By Mr. HARPER (for himself, Mr. CAN of South Carolina, Mr. DEUTCH): MATHESON, Mr. MCKINLEY, Mr. WEST- HUELSKAMP, Mrs. WAGNER, Mr. WEST- H.R. 647. A bill to amend the Internal Rev- MORELAND, Mr. JONES, Mr. NUNNELEE, MORELAND, Mr. LONG, Mr. POSEY, Mr. enue Code of 1986 to provide for the tax Mr. FORTENBERRY, and Mr. THOMPSON BROUN of Georgia, Mr. NUGENT, Mr. treatment of ABLE accounts established of Mississippi): DUNCAN of Tennessee, Mr. KINGSTON, under State programs for the care of family H.R. 654. A bill to amend the Safe Drinking Mr. MCKINLEY, and Mr. STOCKMAN): members with disabilities, and for other pur- Water Act to reauthorize technical assist- H.R. 662. A bill to prohibit United States poses; to the Committee on Ways and Means, ance to small public water systems, and for contributions to the Intergovernmental and in addition to the Committee on Energy other purposes; to the Committee on Energy Panel on Climate Change and the United Na- and Commerce, for a period to be subse- and Commerce. tions Framework Convention on Climate quently determined by the Speaker, in each By Mr. JOYCE (for himself, Ms. FUDGE, Change; to the Committee on Foreign Af- case for consideration of such provisions as and Ms. KAPTUR): fairs.

VerDate Mar 15 2010 05:50 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\L13FE7.100 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE February 13, 2013 CONGRESSIONAL RECORD — HOUSE H501 By Mr. BEN RAY LUJA´ N of New Mex- fall within the jurisdiction of the committee States residents, improved health care deliv- ico: concerned. ery, and for other purposes; to the Com- H.R. 663. A bill to adjust the boundary of By Ms. PINGREE of Maine (for herself, mittee on Energy and Commerce, and in ad- the Carson National Forest, New Mexico; to Mr. MICHAUD, Ms. TSONGAS, Mr. LAR- dition to the Committees on Ways and the Committee on Natural Resources. SEN of Washington, Mr. MCGOVERN, Means, and Natural Resources, for a period By Mr. MAFFEI (for himself, Mr. Mrs. CAPPS, Mr. GRIJALVA, Mr. RUSH, to be subsequently determined by the Speak- HANNA, Ms. SLAUGHTER, Ms. Mr. HONDA, Mr. LEWIS, Ms. BROWNLEY er, in each case for consideration of such pro- EDWARDS, Mr. VAN HOLLEN, Mr. SAR- of California, and Ms. SHEA-PORTER): visions as fall within the jurisdiction of the BANES, Mr. CUMMINGS, Mr. HIGGINS, H.R. 671. A bill to amend title 38, United committee concerned. Mr. TONKO, Mr. RANGEL, Ms. CLARKE, States Code, to improve the disability com- By Mr. STIVERS (for himself, Ms. Mr. MEEKS, Mr. JEFFRIES, Mrs. CARO- pensation evaluation procedure of the Sec- FUDGE, Ms. MOORE, Mr. GIBSON, and LYN B. MALONEY of New York, Mr. retary of Veterans Affairs for veterans with Mr. SCHWEIKERT): MARKEY, Mr. RUPPERSBERGER, Mr. mental health conditions related to military H.R. 677. A bill to exempt inter-affiliate DELANEY, Ms. LEE of California, Ms. sexual trauma, and for other purposes; to the swaps from certain regulatory requirements MOORE, and Mr. CLAY): Committee on Veterans’ Affairs. put in place by the Dodd-Frank Wall Street H.R. 664. A bill to establish the Harriet By Mr. RAHALL: Reform and Consumer Protection Act; to the Tubman National Historical Park in Auburn, H.R. 672. A bill to provide for increased Committee on Financial Services, and in ad- New York, and the Harriet Tubman Under- Federal oversight of prescription opioid dition to the Committee on Agriculture, for ground Railroad National Historical Park in treatment and assistance to States in reduc- a period to be subsequently determined by Caroline, Dorchester, and Talbot Counties, ing opioid abuse, diversion, and deaths; to the Speaker, in each case for consideration Maryland, and for other purposes; to the the Committee on Energy and Commerce, of such provisions as fall within the jurisdic- Committee on Natural Resources. and in addition to the Committee on the Ju- tion of the committee concerned. By Mrs. CAROLYN B. MALONEY of diciary, for a period to be subsequently de- By Mr. TIPTON (for himself, Mr. termined by the Speaker, in each case for New York (for herself, Mr. PALLONE, GOSAR, Mr. COSTA, Mr. MCCLINTOCK, consideration of such provisions as fall with- Mr. SMITH of New Jersey, Mr. Mr. SMITH of Nebraska, Mr. AMODEI, in the jurisdiction of the committee con- GUTIERREZ, Ms. BORDALLO, and Mr. Mr. CRAMER, Mrs. LUMMIS, and Mr. cerned. HOLT): COFFMAN): By Ms. ROS-LEHTINEN (for herself, H.R. 665. A bill to allow certain Indonesian H.R. 678. A bill to authorize all Bureau of Mr. CHABOT, Mr. CONNOLLY, Mr. citizens to file a motion to reopen their asy- Reclamation conduit facilities for hydro- LANCE, Mr. FRANKS of Arizona, Mr. lum claims; to the Committee on the Judici- power development under Federal Reclama- WILSON of South Carolina, Mr. BILI- ary. tion law, and for other purposes; to the Com- RAKIS, Mr. WEBER of Texas, and Mr. By Mr. MARKEY (for himself, Ms. mittee on Natural Resources. HANABUSA, Mr. BEN RAY LUJA´ N of DUNCAN of South Carolina): By Mr. WALZ (for himself, Mr. RUN- New Mexico, Mr. GRIJALVA, Mr. KIL- H.R. 673. A bill to continue restrictions YAN, Mr. DENHAM, Mr. HUNTER, Mr. DEE, Mr. PALLONE, Ms. MOORE, Mr. against and prohibit diplomatic recognition LATHAM, Mr. MATHESON, and Mr. BECERRA, Ms. TSONGAS, Mr. of the Government of North Korea, and for RAHALL): FALEOMAVAEGA, and Ms. MCCOLLUM): other purposes; to the Committee on Foreign H.R. 679. A bill to amend title 38, United H.R. 666. A bill to amend the Act of June Affairs, and in addition to the Committee on States Code, to recognize the service in the 18, 1934, to reaffirm the authority of the Sec- Ways and Means, for a period to be subse- reserve components of certain persons by retary of the Interior to take land into trust quently determined by the Speaker, in each honoring them with status as veterans under for Indian tribes; to the Committee on Nat- case for consideration of such provisions as law; to the Committee on Veterans’ Affairs. ural Resources. fall within the jurisdiction of the committee By Ms. WILSON of Florida (for herself, By Mr. MCCARTHY of California (for concerned. Mr. GARAMENDI, Ms. KAPTUR, Ms. himself, Mr. CALVERT, Mr. SMITH of By Mr. SABLAN (for himself, Mr. GRI- CHU, Mr. GRIJALVA, Ms. WATERS, Ms. Texas, Mr. ROHRABACHER, Mr. JALVA, Ms. BORDALLO, Mrs. NAPOLI- BROWN of Florida, Mr. RANGEL, Mr. PALAZZO, Mr. HALL, Mr. MCKEON, Mr. TANO, Mr. YOUNG of Alaska, and Mr. MEEKS, Ms. EDWARDS, Mr. CONYERS, JORDAN, and Mr. SCHIFF): MARKEY): H.R. 667. A bill to redesignate the Dryden H.R. 674. A bill to authorize the Secretary Mr. RUSH, Ms. LEE of California, Ms. Flight Research Center as the Neil A. Arm- of the Interior to study the suitability and EDDIE BERNICE JOHNSON of Texas, Mr. strong Flight Research Center and the West- feasibility of designating prehistoric, his- MORAN, Mr. CICILLINE, Mr. PETERS of ern Aeronautical Test Range as the Hugh L. toric, and limestone forest sites on Rota, Michigan, Ms. CASTOR of Florida, Mr. Dryden Aeronautical Test Range; to the Commonwealth of the Northern Mariana Is- ELLISON, Mr. BUTTERFIELD, Mrs. Committee on Science, Space, and Tech- lands, as a unit of the National Park Sys- CHRISTENSEN, Mr. HASTINGS of Flor- nology. tem; to the Committee on Natural Re- ida, Mr. LEWIS, Mr. DEUTCH, Mr. CUM- By Mr. MESSER (for himself, Mr. sources. MINGS, Mr. DIAZ-BALART, Mr. AL REEN ASS AR YOUNG of Indiana, and Mr. By Ms. SCHAKOWSKY: G of Texas, Ms. B , Mr. C - SON ONNOLLY MULVANEY): H.R. 675. A bill to extend protections to of Indiana, Mr. C , Ms. H.R. 668. A bill to amend section 1105(a) of part-time workers in the areas of employer- HAHN, Mr. NADLER, Mr. LARSON of title 31, United States Code, to require that provided health insurance, family and med- Connecticut, Mr. HOLT, Mr. COOPER, annual budget submissions of the President ical leave, and pension plans; to the Com- Mr. THOMPSON of Mississippi, Ms. to Congress provide an estimate of the cost mittee on Education and the Workforce, and DELAURO, Ms. SEWELL of Alabama, per taxpayer of the deficit, and for other pur- in addition to the Committees on Ways and Ms. JACKSON LEE, Mr. GRIMM, Mr. poses; to the Committee on the Budget. Means, House Administration, and Oversight CLAY, Mrs. CAROLYN B. MALONEY of By Mr. PALLONE (for himself and Mr. and Government Reform, for a period to be New York, Mr. ROONEY, Mrs. KING of New York): subsequently determined by the Speaker, in NEGRETE MCLEOD, Ms. MOORE, Ms. H.R. 669. A bill to amend the Public Health each case for consideration of such provi- MCCOLLUM, Mr. DANNY K. DAVIS of Il- Service Act to improve the health of chil- sions as fall within the jurisdiction of the linois, Ms. ROS-LEHTINEN, Mr. DEFA- dren and help better understand and enhance committee concerned. ZIO, Ms. ROYBAL-ALLARD, Mr. HONDA, awareness about unexpected sudden death in By Mr. CONYERS (for himself, Mr. Mr. FATTAH, and Ms. NORTON): early life; to the Committee on Energy and NADLER, Ms. SCHAKOWSKY, Ms. PIN- H.R. 680. A bill to require State child wel- Commerce. GREE of Maine, Mr. GRIJALVA, Mr. fare agencies to promptly report information By Mr. PIERLUISI (for himself, Mr. ELLISON, Mr. JOHNSON of Georgia, Ms. on missing or abducted children to law en- RANGEL, Ms. ROYBAL-ALLARD, Mr. EDDIE BERNICE JOHNSON of Texas, Mr. forcement authorities, and for other pur- GRAYSON, Mr. GRIJALVA, Ms. TAKANO, Ms. NORTON, Ms. LOFGREN, poses; to the Committee on Ways and Means, BORDALLO, Mr. FALEOMAVAEGA, Mrs. Mr. RANGEL, Ms. MOORE, Ms. CHU, and in addition to the Committee on the Ju- CHRISTENSEN, Mr. SERRANO, Ms. Mr. AL GREEN of Texas, Mr. FARR, diciary, for a period to be subsequently de- VELA´ ZQUEZ, and Ms. NORTON): Mr. MCGOVERN, Mr. WELCH, Ms. termined by the Speaker, in each case for H.R. 670. A bill to amend part B of the title CLARKE, Ms. LEE of California, Mr. consideration of such provisions as fall with- XVIII of the Social Security Act to apply NOLAN, Mr. POCAN, Mr. DOYLE, Mr. in the jurisdiction of the committee con- deemed enrollment to residents of Puerto ENGEL, Mr. GUTIERREZ, Ms. WILSON of cerned. Rico and to provide a special enrollment pe- Florida, Mr. COHEN, Ms. EDWARDS, By Mr. WOLF (for himself, Mr. HURT, riod and a reduction in the late enrollment Mr. MCDERMOTT, Mr. CLAY, Mr. and Mr. CONNOLLY): penalties for certain residents of Puerto HUFFMAN, Ms. ROYBAL-ALLARD, Mr. H.R. 681. A bill to amend title 5, United Rico; to the Committee on Energy and Com- CUMMINGS, Mr. YARMUTH, Mr. GEORGE States Code, to provide that Washington’s merce, and in addition to the Committee on MILLER of California, Mr. HONDA, Birthday be observed on February 22, rather Ways and Means, for a period to be subse- Mrs. CHRISTENSEN, and Mr. RUSH): than the third Monday in February, of each quently determined by the Speaker, in each H.R. 676. A bill to provide for comprehen- year; to the Committee on Oversight and case for consideration of such provisions as sive health insurance coverage for all United Government Reform.

VerDate Mar 15 2010 05:50 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\L13FE7.100 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE H502 CONGRESSIONAL RECORD — HOUSE February 13, 2013 By Mr. BENTIVOLIO: merated in Article I, Section 8, Clause 18 of have Power to dispose of and make all need- H.J. Res. 27. A joint resolution proposing the United States Constitution ful Rules and Regulations respecting the an amendment to the Constitution of the By Mr. PALLONE: Territory or other Property belonging to the United States prohibiting the Federal Gov- H.R. 626. United States; and nothing in this Constitu- ernment from using the power of taxation to Congress has the power to enact this legis- tion shall be so construed as to Prejudice compel someone to engage in commercial ac- lation pursuant to the following: any Claims of the United States, or of any tivity; to the Committee on the Judiciary. section 8 of article I of the Constitution. particular State.’’ By Mr. PALAZZO: By Mr. PAULSEN: By Ms. ROYBAL-ALLARD: H.J. Res. 28. A joint resolution proposing H.R. 627. H.R. 639. an amendment to the Constitution of the Congress has the power to enact this legis- Congress has the power to enact this legis- United States to limit the power of Congress lation pursuant to the following: lation pursuant to the following: to impose a tax on a failure to purchase Article I, Section 8. ‘‘The Congress shall Article I, Section 8, Clause 18 goods or services; to the Committee on the have Power . . . to coin Money, regulate the By Mr. BILIRAKIS: Judiciary. Value thereof, and of foreign Coin, and fix H.R. 640. By Mrs. CHRISTENSEN: the Standard of Weights and Measures;’’ Congress has the power to enact this legis- H. Con. Res. 13. Concurrent resolution ex- By Mrs. NAPOLITANO: lation pursuant to the following: This bill is enacted pursuant to Article I, pressing the sense of the Congress that the H.R. 628. Section 8, Clause 1 of the Constitution of the United States Fish and Wildlife Service Congress has the power to enact this legis- United States, which grants Congress the should incorporate consideration of global lation pursuant to the following: power to provide for the common Defense of warming and sea-level rise into the com- Article 1, Section 8 the United States, and Article I, Section 8, prehensive conservation plans for coastal na- The Congress shall have power to lay and Clause 18 of the Constitution of the United tional wildlife refuges, and for other pur- collect taxes, duties, imposts and excises, to States, which provides Congress the power to poses; to the Committee on Natural Re- pay the debts and provide for the common make ‘‘all Laws which shall be necessary and sources. defense and general welfare of the United proper’’ for carrying out the constitutional By Mr. GRIMM (for himself, Mr. MEE- States; but all duties, imposts and excises powers vested in the Government of the HAN, Mr. WAXMAN, and Mr. ISRAEL): shall be uniform throughout the United United States. H. Con. Res. 14. Concurrent resolution per- States; By Ms. BORDALLO: mitting the use of the rotunda of the Capitol By Ms. SCHAKOWSKY: H.R. 641. for a ceremony as part of the commemora- H.R. 629. Congress has the power to enact this legis- Congress has the power to enact this legis- tion of the days of remembrance of victims lation pursuant to the following: of the Holocaust; to the Committee on House lation pursuant to the following: Article 1, Section 8 Article I, section 8, clause 16 Administration. By Mr. BURGESS: By Mr. BECERRA: By Mr. DEFAZIO: H.R. 630. H.R. 642. H. Res. 64. A resolution electing Members Congress has the power to enact this legis- Congress has the power to enact this legis- to certain standing committees of the House lation pursuant to the following: lation pursuant to the following: of Representatives; considered and agreed to. The attached legislation falls within the This bill is enacted pursuant to the power By Mr. ROYCE (for himself and Mr. authority of Congress to pass legislation re- granted to Congress under Article I, Section ENGEL): lated to interstate commerce, an enumer- 8, Clause 7 of the United States Constitution. H. Res. 65. A resolution condemning the ated power given to the legislative branch By Mr. FLORES: Government of North Korea for its flagrant pursuant to Article I, Section 8, clause 3, H.R. 631. and repeated violations of multiple United which states that Congress shall have the Congress has the power to enact this legis- Nations Security Council resolutions, for its Power . . . ‘‘To regulate Commerce with for- lation pursuant to the following: repeated provocations that threaten inter- Article I, section 8 of the Constitution of eign Nations, and among the several States, national peace and stability, and for its Feb- the United States. and with the Indian Tribes.’’ Moreover, Con- ruary 12, 2013, test of a nuclear device; to the By Mr. PETRI: gress’ authority to pass legislation related to Committee on Foreign Affairs. H.R. 632. the federal employees hired to carry out laws By Mrs. CHRISTENSEN: Congress has the power to enact this legis- passed pursuant to an enumerated power is H. Res. 67. A resolution expressing the need lation pursuant to the following: found in the Necessary and Proper Clause, to raise awareness and promote capacity Article I, Section 8, Clause 3 of the Con- Article I, Section 8, clause 18, which grants building to strategically address the lionfish stitution Congress the Power ‘‘To make all Laws invasion in the Atlantic Ocean; to the Com- By Mr. CHAFFETZ: which shall be necessary and proper for car- mittee on Natural Resources. H.R. 633. rying into Execution the foregoing Powers, By Mrs. CHRISTENSEN: Congress has the power to enact this legis- and all other Powers vested by this Constitu- H. Res. 68. A resolution expressing support lation pursuant the following: tion in the Government of the United States, for the goals and ideals of National Marine Article I, Section 8, Clauses 4 and 18 to the or in any Department or Officer thereof.’’ Awareness Day; to the Committee on Nat- U.S. Constitution. By Mr. BURGESS: ural Resources. By Mr. GRIMM: H.R. 643. Congress has the power to enact this legis- f H.R. 634. lation pursuant to the following: Congress has the power to enact this legis- PRIVATE BILLS AND The attached legislation falls within the lation pursuant to the following: authority of Congress to pass legislation re- RESOLUTIONS Article I, Section 8, Clause 3 lated to interstate commerce, an enumer- By Mr. PEARCE: Under clause 3 of rule XII, ated power given to the legislative branch H.R. 635. Mr. UPTON introduced a bill (H.R. 682) for pursuant to Article I, Section 8, clause 3, Congress has the power to enact this legis- the relief of Ibrahim Parlak; which was re- which states that Congress shall have the lation pursuant to the following: ferred to the Committee on the Judiciary. Power . . . ‘‘To regulate Commerce with for- Article 1, Section 8, Clause 3 of the Con- eign Nations, and among the several States, f stitution of the United States grants Con- and with the Indian Tribes.’’ gress the power to enact this law. CONSTITUTIONAL AUTHORITY By Mr. CARNEY: By Mr. CONNOLLY: STATEMENT H.R. 644. H.R. 636. Pursuant to clause 7 of rule XII of Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: the Rules of the House of Representa- lation pursuant to the following: Article I, section 8 and Article IV, section tives, the following statements are sub- Section 8 of Article 1 3 of the Constitution of the United States. mitted regarding the specific powers By Mr. POE of Texas: By Mr. COHEN: granted to Congress in the Constitu- H.R. 637. H.R. 645. Congress has the power to enact this legis- tion to enact the accompanying bill or Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: joint resolution. Fourth Amendment to the United States Article I, Section 8, Clause 3 (relating to By Mr. ROGERS of Michigan: Constitution the power to regulate foreign and interstate H.R. 624. By Mr. FLEMING: commerce) of the United States Constitu- Congress has the power to enact this legis- H.R. 638. tion. lation pursuant to the following: Congress has the power to enact this legis- By Mr. COHEN: The constitutional authority on which this lation pursuant to the following: H.R. 646. bill rests is the power of Congress to make The constitutional authority of Congress Congress has the power to enact this legis- all laws necessary and proper for executing to enact this legislation is provided by Arti- lation pursuant to the following: powers vested by the Constitution in the cle 4, Section 3, Clause 2 of the U.S. Con- Article I, section 8, clause 4 of the Con- Government of the United States, as enu- stitution, which states ‘‘The Congress shall stitution

VerDate Mar 15 2010 04:54 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\L13FE7.100 H13FEPT1 tjames on DSK6SPTVN1PROD with HOUSE February 13, 2013 CONGRESSIONAL RECORD — HOUSE H503 By Mr. CRENSHAW: Article 1, Section 8, Clauses 13 and 14 vide for the common Defence and general H.R. 647. The Congress shall have the Power To pro- Welfare of the United States; but all Duties, Congress has the power to enact this legis- vide and maintain a Navy; and to make Imposts and Excises shall be uniform lation pursuant to the following: Rules for the Government and Regulation of throughout the United States,’’ and Article Article I, Section 8, Clause 1 of the U.S. the land and naval Forces. 1, Section 9, Clause 7, which provides that, Constitution By Mr. LATTA: ‘‘No money shall be drawn from the Treas- By Mr. DEUTCH: H.R. 659. ury, but in Consequence of Appropriations H.R. 648. Congress has the power to enact this legis- made by Law; and a regular Statement and Congress has the power to enact this legis- lation pursuant to the following: Account of the Receipts and Expenditures of lation pursuant to the following: Amendment I to the United States Con- all public Money shall be published from Article I, Section 4, Clause 1 of the US stitution, which states ‘‘Congress shall make time to time.’’ Constitution no law respecting an establishment of reli- Section 1105(a) of Title 31, United States The Times, Places and Manner of holding gion, or prohibiting the free exercise thereof; Code, requires the President to submit to Elections for Senators and Representatives, or abridging the freedom of speech, or of the Congress the Administration’s annual budget shall be prescribed in each State by the Leg- press; or the right of the people peaceably to request and stipulates the contents of that islature thereof; but Congress may at any assemble, and to petition the Government submission. It is within the Constitutional time make or alter such Regulations, except for a redress of grievances. Authority of Congress to provide oversight as to the Place of choosing Senators. By Ms. LEE of California: and guidance on these requirements. By Mr. DEUTCH: H.R. 660. By Mr. PALLONE: H.R. 649. Congress has the power to enact this legis- H.R. 669. Congress has the power to enact this legis- lation pursuant to the following: Congress has the power to enact this legis- lation pursuant to the following: This bill is enacted pursuant to the power lation pursuant to the following: Article I, Section 8, Clause 1 as interpreted granted to Congress under Article I of the Article I, Section 8, Clause 18 by Steward Machine Company v. Davis and United States Constitution and its subse- The Congress shall have power to make all by Helvering v. Davis (‘‘general welfare’’ and quent amendments, and further clarified and Laws which shall be necessary and proper for general taxation). interpreted by the Supreme Court of the carrying into Execution the foregoing Pow- By Ms. EDWARDS: United States. ers, and all other Powers vested by the Con- H.R. 650. By Ms. LEE of California: stitution in the Government of the United Congress has the power to enact this legis- H.R. 661. States, or in any Department or Officer lation pursuant to the following: Congress has the power to enact this legis- thereof. Article. I. Section 1. lation pursuant to the following: By Mr. PIERLUISI: All legislative Powers herein granted shall This bill is enacted pursuant to the power H.R. 670. be vested in a Congress of the United States, granted to Congress under Article I of the Congress has the power to enact this legis- which shall consist of a Senate and House of United States Constitution and its subse- lation pursuant to the following: Representatives. quent amendments, and further clarified and The constitutional authority on which this By Mr. ELLISON: interpreted by the Supreme Court of the bill rests is the power of the Congress to pro- H.R. 651. United States. vide for the general welfare of the United Congress has the power to enact this legis- By Mr. LUETKEMEYER: States, as enumerated in Article I, Section 8, lation pursuant to the following: H.R. 662. Clause 1 of the United States Constitution; This bill is enacted pursuant to the power Congress has the power to enact this legis- to make all laws which shall be necessary granted to Congress under Article I, Section lation pursuant to the following: and proper for carrying into execution such 8, Clause 4 of the United States Constitution The constitutional authority on which this power, as enumerated in Article I, Section 8, and its subsequent amendments. bill is based is Congress’s power under the Clause 18 of the Constitution; and to make By Mr. GOWDY: Spending Clause in Article I, Section 8 of the rules and regulations respecting the U.S. ter- H.R. 652. Constitution. ritories, as enumerated in Article IV, Sec- Congress has the power to enact this legis- By Mr. BEN RAY LUJA´ N of New Mex- tion 3, Clause 2 of the Constitution. lation pursuant to the following: ico: By Ms. PINGREE of Maine: Article 1, Section 8, Clause 1: ‘‘Congress H.R. 663. H.R. 671. shall have power to . . . provide for the com- Congress has the power to enact this legis- Congress has the power to enact this legis- mon defense and general welfare of he United lation pursuant to the following: lation pursuant to the following: States. . .’’ Article 1, Section 8 Clause 3 of Section 8 of Article I of the By Mr. AL GREEN of Texas: By Mr. MAFFEI: Constitution H.R. 653. H.R. 664. By Mr. RAHALL: Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 672. lation pursuant to the following: lation pursuant to the following: Congress has the power to enact this legis- The Constitutional authority to enact this Section 1 and Clause 18 of Section 8 of Ar- lation pursuant to the following: legislation can be found in: ticle 1 of the United States Constitution. Clause 3 of Section 8 of Article I of Con- Commerce Clause (Art. 1 sec. 8 cl. 3) By Mrs. CAROLYN B. MALONEY of stitution Necessary and Proper Clause (Art. 1 sec. 8 New York: By Ms. ROS-LEHTINEN: cl. 18) H.R. 665. H.R. 673. By Mr. HARPER: Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 654. lation pursuant to the following: lation pursuant to the following: Congress has the power to enact this legis- Article 1, Section 8, Clause 4, which reads: Article I, Section 8 of the Constitution lation pursuant to the following: To establish a uniform rule of naturaliza- By Mr. SABLAN: Article 1, Section 8, Clause 18 tion, and uniform laws on the subject of H.R. 674. By Mr. JOYCE: bankruptcies throughout the United States. Congress has the power to enact this legis- H.R. 655. By Mr. MARKEY: lation pursuant to the following: Congress has the power to enact this legis- H.R. 666. Under Article I, section 8, clause 3 and Ar- lation pursuant to the following: Congress has the power to enact this legis- ticle IV, section 3, clause 2 of the Constitu- This bill is enacted pursuant to the power lation pursuant to the following: tion. granted to Congress under Article I, Section Article I, section 8 and Article IV, section By Ms. SCHAKOWSKY: 8 of the United States Constitution. 3 of the Constitution of the United States H.R. 675. By Mr. JOYCE: grant Congress the authority to enact this Congress has the power to enact this legis- H.R. 656. bill. lation pursuant to the following: Congress has the power to enact this legis- By Mr. MCCARTHY of California: Article 1, Section 8 lation pursuant to the following: H.R. 667. By Mr. CONYERS: This bill is enacted pursuant to the power Congress has the power to enact this legis- H.R. 676. granted to Congress under Article I, Section lation pursuant to the following: Congress has the power to enact this legis- 8, of the United States Constitution. Article IV, Section 3, Clause 2 of the Con- lation pursuant to the following: By Mr. LABRADOR: stitution. Article I, Section 8 H.R. 657. By Mr. MESSER: By Mr. STIVERS: Congress has the power to enact this legis- H.R. 668. H.R. 677. lation pursuant to the following: Congress has the power to enact this legis- Congress has the power to enact this legis- Article 4, Section 3, Clause 2 lation pursuant to the following: lation pursuant to the following: By Mr. LATTA: Article 1, Section 8, Clause 1, which pro- The bill is enacted pursuant to the power H.R. 658. vides that, ‘‘The Congress shall have the granted to Congress under Clause 3 of Sec- Congress has the power to enact this legis- Power to lay and collect Taxes, Duties, Im- tion 8 of Article I of the United States Con- lation pursuant to the following: posts and Excises, to pay the Debts and pro- stitution.

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By Mr. TIPTON: Congress has the power to enact this legis- ZIO, Mr. LIPINSKI, Mr. BRALEY of Iowa, and H.R. 678. lation pursuant to the following: Mr. BARLETTA. Congress has the power to enact this legis- The legislation would limit the power of H.R. 370: Mr. NUNNELEE. lation pursuant to the following: Congress to tax as stated in Article 1 Section H.R. 383: Mr. SCHRADER and Mr. YOHO. Article IV, Section 3, clause 2, U.S. Con- 8: H.R. 404: Mr. VAN HOLLEN and Ms. BASS. stitution. The Congress shall have the power to lay H.R. 411: Ms. LEE of California, Ms. By Mr. WALZ: and collect taxes’’ H.R. 679. BROWNLEY of California, and Mr. JONES. Congress has the power to enact this legis- f H.R. 427: Mr. FARR, Mr. VARGAS, Mr. ELLI- lation pursuant to the following: ADDITIONAL SPONSORS SON, and Mr. POCAN. Article I, Section 8, Clause 14 H.R. 445: Mr. BARLETTA, Mr. GRAVES of To make Rules for the Government and Under clause 7 of rule XII, sponsors Missouri, Mr. MCKINLEY, Ms. SCHWARTZ, and Regulation of the land and naval Forces. were added ts public bills and resolu- Mr. MARINO. By Ms. WILSON of Florida: tions as follows: H.R. 460: Mr. DEUTCH and Mr. HOLT. H.R. 680. H.R. 11: Mr. RUIZ, Mr. VELA, Mr. DAVID H.R. 483: Mr. BARR, Mr. CRAMER, Mrs. Congress has the power to enact this legis- SCOTT of Georgia, Mr. VISCLOSKY, Mr. COO- ELLMERS, Mr. PITTS, Mr. WESTMORELAND, lation pursuant to the following: PER, and Mr. CUELLAR. Mr. YODER, Mr. GRAVES of Missouri, and Mr. Article I, Section 8, Clause 1 The Congress H.R. 35: Mr. BENISHEK and Mr. GOHMERT. JOYCE. shall have Power to lay and collect Taxes, H.R. 36: Mr. HECK of Nevada, Mr. WILSON of H.R. 492: Mr. GRAVES of Georgia, Mr. Duties, Imposts and Excises, to pay the South Carolina, Mr. STIVERS, Mr. LONG, Mr. GOSAR, and Mr. BUCSHON. Debts and provide for the common Defense WALDEN, Mr. ROE of Tennessee, and Mr. H.R. 497: Mr. GENE GREEN of Texas. and general Welfare of the United States; but MARCHANT. all Duties, Imposts and Excises shall be uni- H.R. 501: Mr. MORAN and Mr. HASTINGS of H.R. 45: Mr. POE of Texas, Mr. WENSTRUP, form throughout the United States. Florida. Mr. BARR, and Mr. BROUN of Georgia. By Mr. WOLF: H.R. 512: Ms. NORTON, Mr. GRIJALVA, and H.R. 54: Mr. LOEBSACK. H.R. 681. Mr. HONDA. Congress has the power to enact this legis- H.R. 89: Mr. SABLAN. H.R. 518: Mr. POCAN, Ms. MCCOLLUM, and lation pursuant to the following: H.R. 107: Mr. NUNNELEE. Ms. BROWNLEY of California. H.R. 129: Ms. SLAUGHTER and Mrs. DAVIS of Article I, Section 8, Clause 18: To make all H.R. 519: Ms. DELAURO, Ms. DEGETTE, Mr. California. laws which shall be necessary and proper for TONKO, Ms. ESHOO, Mr. CARSON of Indiana, H.R. 147: Mr. BARR. carrying into execution the foregoing pow- Mrs. CAROLYN B. MALONEY of New York, Ms. H.R. 149: Mr. GOODLATTE. ers, and all other powers vested by this Con- SCHWARTZ, Mrs. DAVIS of California, Mr. H.R. 163: Mr. PETERS of Michigan. stitution in the government of the United FARR, Mr. LOWENTHAL, Mr. ISRAEL, Mr. HIG- H.R. 164: Mr. AMODEI, Mr. BENTIVOLIO, Mr. States, or in any department or officer GINS, Mr. BLUMENAUER, Mr. PASCRELL, Ms. CHABOT, Mr. WITTMAN, and Mr. POSEY. thereof. EDDIE BERNICE JOHNSON of Texas, Mr. HAS- H.R. 176: Mrs. ROBY Mr. UPTON: TINGS of Florida, Mr. MICHAUD, and Ms. CHU. H.R. 180: Mr. LOBIONDO. H.R. 682. H.R. 523: Mr. AMODEI and Mr. WITTMAN. H.R. 183: Mr. BUCSHON. Congress has the power to enact this legis- H.R. 540: Mr. JOHNSON of Ohio and Mr. RAN- H.R. 185: Mr. HINOJOSA and Mr. SAM JOHN- lation pursuant to the following: GEL. Article I, Section 8, Clause 4 of the United SON of Texas. H.R. 543: Mr. LOBIONDO, Mr. RIBBLE, and States Constitution: The Congress shall have H.R. 227: Mr. CICILLINE, Mr. HASTINGS of Mr. MAFFEI. Power to establish an uniform Rule of Natu- Florida, Ms. ROYBAL-ALLARD and Mr. H.R. 557: Mr. POE of Texas, Mr. WALDEN, ralization, and uniform Laws on the subject GUTIERREZ. Mr. NUNNELEE, and Mr. GOSAR. of Bankruptcies throughout the United H.R. 239: Mr. YOUNG of Indiana, Mr. RIBBLE, States. and Mr. WITTMAN. H.R. 569: Mr. LOBIONDO, Mr. HANNA, Mr. By Mr. BENTIVOLIO: H.R. 258: Ms. BROWNLEY of California, Mr. MICHAUD, and Mr. JONES. H.J. Res. 27. BUCHANAN, and Mr. LIPINSKI. H.R. 570: Mr. LOBIONDO. Congress has the power to enact this legis- H.R. 261: Mr. CICILLINE. H.R. 574: Mr. TONKO, Mr. ENYART, and Mr. lation pursuant to the following: H.R. 262: Ms. HAHN. DAVID SCOTT of Georgia. Article. V. H.R. 273: Mr. MCCLINTOCK. H.R. 578: Mr. LUCAS and Mr. PALAZZO. The Congress, whenever two thirds of both H.R. 282: Mr. GARDNER, Mrs. LUMMIS, Mr. H.R. 580: Mr. COLE and Mr. WILSON of Houses shall deem it necessary, shall propose ROE of Tennessee, Mr. BENTIVOLIO, Mr. COLE, South Carolina. Amendments to this Constitution, or, on the Mrs. BLACKBURN, Mr. DESANTIS, Mr. LAM- H.R. 581: Mr. TIBERI. BORN A ALFA Application of the Legislatures of two thirds , and Mr. L M . H.R. 582: Mr. JORDAN, Mr. MCCAUL, Mr. H.R. 301: Mr. BRIDENSTINE and Mr. POE of of the several States, shall call a Convention GOSAR, and Mr. SENSENBRENNER. for proposing Amendments, which, in either Texas. H.R. 607: Mr. WILSON of South Carolina, Case, shall be valid to all Intents and Pur- H.R. 320: Mr. LOWENTHAL, Ms. WATERS, Ms. Mr. MCKEON, Mr. RODNEY DAVIS of Illinois, poses, as Part of this Constitution, when CLARKE, Mr. MICHAUD, Ms. BORDALLO, Mr. and Mr. WITTMAN. ratified by the Legislatures of three fourths HINOJOSA, and Mr. SIRES. H.R. 609: Mr. GEORGE MILLER of California of the several States, or by Conventions in H.R. 332: Mr. WAXMAN, Mr. COURTNEY, and and Mr. ELLISON. three fourths thereof, as the one or the other Ms. BONAMICI. H.R. 612: Mr. WESTMORELAND. Mode of Ratification may be proposed by the H.R. 333: Mr. MICHAUD, Mr. COHEN, Mrs. Congress; Provided that no Amendment DAVIS of California, Mr. JOHNSON of Georgia, H.R. 621: Mr. OLSON. which may be made prior to the Year One Mr. DAVID SCOTT of Georgia, Mrs. BEATTY, H.J. Res. 25: Mr. POCAN. thousand eight hundred and eight shall in Mr. NUGENT, Mr. BACHUS, and Mr. LOBIONDO. H.J. Res. 26: Mr. MASSIE. any Manner affect the first and fourth H.R. 334: Mr. LUCAS. H. Res. 19: Mrs. LOWEY and Ms. HAHN. Clauses in the Ninth Section of the first Ar- H.R. 366: Ms. BROWNLEY of California, Mr. H. Res. 30: Mr. NADLER, Mr. ELLISON, Mr. ticle; and that no State, without its Consent, REICHERT, Mr. SCHOCK, Mr. RUNYAN, Mr. HIGGINS, Mr. CAPUANO, Mr. CLAY, Mr. VELA, shall be deprived of its equal Suffrage in the OWENS, Mr. TIPTON, Ms. LEE of California, Mrs. BUSTOS, Mr. SCHRADER, Mr. MURPHY of Senate. Mr. LOEBSACK, Mr. PETERS of Michigan, Mr. Florida, Mr. FOSTER, Mr. GENE GREEN of By Mr. PALAZZO: PASCRELL, Mr. ROSS, Mr. KLINE, Ms. TITUS, Texas, Ms. DEGETTE, and Mr. WELCH. H.J. Res. 28. Mr. GEORGE MILLER of California, Mr. DEFA- H. Res. 47: Mr. HONDA and Mr. HOLT.

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Vol. 159 WASHINGTON, WEDNESDAY, FEBRUARY 13, 2013 No. 23 Senate The Senate met at 10 a.m. and was appoint the Honorable HEIDI HEITKAMP, a jobs and manufacturing once more, in- called to order by the Honorable HEIDI Senator from the State of North Dakota, to vestments which have been deferred for HEITKAMP, a Senator from the State of perform the duties of the Chair. too long due to the worst recession North Dakota. PATRICK J. LEAHY, since the Great Depression. President pro tempore. The President’s plan will give Amer- PRAYER Ms. HEITKAMP thereupon assumed ican manufacturers the support they the chair as Acting President pro tem- The Chaplain, Dr. Barry C. Black, of- need to thrive, while ending giveaways pore. fered the following prayer: to companies that ship jobs overseas. Let us pray. f His plan will create jobs building Architect of the universe, before the world-class roadways, railways, and RECOGNITION OF THE MAJORITY bridges which our economy may rely mountains were formed and the hills LEADER were born and the Earth received its upon tomorrow. The plan will prepare current and fu- frame, You are God. You fill the uni- The ACTING PRESIDENT pro tem- ture workers to compete in a global verse with the mysteries of Your pore. The majority leader is recog- economy by making K–12 schools the power, and we are in awe of Your nized. f best in the world again and college af- handiwork. fordable for every graduate. His plan Inspire our Senators to unite with SCHEDULE will break our addiction to foreign oil You in the great cause of bringing and encourage investments in reliable healing to our Nation and world. May Mr. REID. Madam President, fol- lowing leader remarks, the Senate will energy, a change which will be good for they sense Your presence continually, the environment and for the economy. think of You consistently, and trust be in morning business. The Repub- licans will control the first 30 minutes As he said last night, it will be done You constantly, receiving Your divine without adding a single penny to the guidance for the path ahead. Lord, in- and the majority will control the sec- ond 30 minutes. deficit. These investments in a strong spire them to think imaginatively middle class are not just right for our about how to do Your will on Earth We will seek an agreement for the consideration of the nomination of country, they are right for our econ- even as it is done in Heaven. We pray omy as well. Our efforts to restore in Your great Name. Amen. Senator Hagel to be Secretary of De- fense during today’s session. prosperity will mean little unless Con- f In addition, sometime this afternoon, gress acts immediately to deal with ar- bitrary, across-the-board spending cuts PLEDGE OF ALLEGIANCE we hope to have a vote on the Kayatta nomination to be a circuit court judge set to take effect. If the looming sequester strikes, The Honorable HEIDI HEITKAMP led for the First Circuit. the Pledge of Allegiance, as follows: 70,000 young children would be kicked I pledge allegiance to the Flag of the f off Head Start and 10,000 teaching jobs United States of America, and to the Repub- VISION OF FAIRNESS would be at risk. The Small Business lic for which it stands, one nation under God, Administration will be forced to reduce indivisible, with liberty and justice for all. Mr. REID. Madam President, last loan guarantees to small businesses by night the President of the United f up to $540 million. Democrats believe States laid out an agenda to strength- we should replace this harsh austerity APPOINTMENT OF ACTING en the middle class and expand upon with a balanced approach that targets PRESIDENT PRO TEMPORE our economic progress. He outlined an wasteful spending, tax loopholes, and agenda that will restore the core value The PRESIDING OFFICER. The asks the wealthiest among us to con- that makes this Nation great: fairness. clerk will please read a communication tribute a little more to reduce the def- Senate Democrats stand ready to to the Senate from the President pro icit. work with the President to make this tempore (Mr. LEAHY). The American people know we can’t vision—a vision in which every Amer- The legislative clerk read the fol- cut our way to prosperity. They agree. ican shares the prosperity as well as lowing letter: We can’t ask the middle class to bear the responsibility—a reality. President the burden of the entire deficit reduc- U.S. SENATE, Obama’s agenda calls for commonsense PRESIDENT PRO TEMPORE, tion. Later this week Democrats will Washington, DC, February 13, 2013. investments in our future, investments release a plan to avert the so-called se- To the Senate: which will breathe new life into a quester. Under the provisions of rule I, paragraph 3, struggling middle class, investments Republicans say they agree the deep of the Standing Rules of the Senate, I hereby which will make America a magnet for cuts they voted for will be damaging to

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

S663

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VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.000 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S664 CONGRESSIONAL RECORD — SENATE February 13, 2013 our economy and to national security. has run his last campaign. It called for want to work with him to actually Republicans would rather cut Medi- a President who was willing to stare make that happen. care, education, and medical research down America’s challenges, reject the Instead we just heard gimmicks and than close a single wasteful tax loop- easy choices, and step outside his polit- tax hikes, just one more plan from the hole or ask a single millionaire to con- ical comfort zone to unite a deeply di- President that is designed to fail so he tribute a little more. The Republicans vided public behind a common goal. can blame others when it does fail. It is should stop protecting millionaires, Sadly, history will record no such too bad for the country. It truly is. billionaires, and wealthy corporations moment. An opportunity to bring to- The American people, in their collec- and start working with us to pass an gether the country instead became an- tive judgment, decided to send divided alternative to these terrible cuts that other retread of lip service and lib- government to Washington. I am sure protect the middle class. We want to eralism. the President wishes that weren’t so, start to do something to begin chang- For a Democratic President entering but it is the reality, and Americans ing this so we protect the middle class. his second term, it was simply unequal look to him to use forums such as the We must not jeopardize the progress of to the moment. Following 4 years of State of the Union to bring people to- the last 4 years. this President’s unwillingness to chal- gether and get things done with the government we have, not the one the Even though our work to restore eco- lenge liberal dogma, we have more of President wishes he had. That is what nomic prosperity must continue, we the same. The President spoke about Ronald Reagan did, and he accom- should take pride in the 35 months of energy infrastructure but didn’t even plished great things. President Clinton private sector job growth and 6.1 mil- mention the Keystone Pipeline. He chose the Nation’s biggest stage to pro- was able to get quite a bit done with lion new American jobs. Imagine how divided government too. mote something that is inefficient and many more jobs could be created with Why is it this President can’t seem just a little cooperation from our Re- costly, such as solar panels, instead of to demonstrate the same kind of lead- publican colleagues. something that is proven, reliable, and ership? He says he wants balance—bal- Now our friends across the aisle have domestically produced, such as coal. ance. His approach so far has been any- another opportunity to engage con- He advocated tax reform but mostly thing but. Just as ‘‘investment’’ has structively. They have a second chance as a way to increase the size of govern- become a Washington code word for to work with Democrats to rebuild the ment, not as a way to increase our more spending, ‘‘balance’’ has now be- middle class by investing in that which competitiveness. He spoke of workers’ come a code word for my way or the in the past has made Americans minimum wages instead of their max- highway. strong—world-class roads, bridges, imum potential. Remember, the President already re- dams, peerless schools, industrial fac- In short, with the exception of his ceived the additional revenue he want- tories, and creative entrepreneurs who impressive delivery and trademark ed in January. He didn’t agree to a sin- are the best in the world. style, last night’s speech was pedes- gle cut in spending then, just revenue. President Ronald Reagan, in his first trian, liberal boilerplate that any Obviously, the balanced thing to do address of a joint session of Congress, Democratic lawmaker could have given now would be to look at cuts. Last spoke of these building blocks of pros- at any time in recent memory. Gun night the President didn’t propose any perity. Ronald Reagan said: control, cap and trade, tax increases, real cuts; he just demanded more and Substance and prosperity of our Nation is and spending programs are exactly more taxes. With a $16 trillion debt, he built by wages brought home from the fac- what we have come to expect from a actually called for more spending too, tories and the mills, the farms, and the liberal President who seems perfectly although he didn’t say how he would shops. They are the services provided in content to preside over a divided coun- pay for it or even how much it would 10,000 corners of America: the interest on the try and a stagnant economy. cost. Pretend, for a moment, the Re- thrift of our people and the returns for their Of course, everyone recognizes the publicans agreed to go along with all risk-taking. The production of America is President is a very good campaigner. those taxes and all that spending. What the possession of those who build, serve, cre- We all acknowledge his skill in that ate, and produce. do you think he would demand the next area. He will be doing more of that time and the time after that? Of He didn’t say the substance of our today down in North Carolina. course, more taxes and more spending. Nation is built on profits gleaned from A State of the Union Address should And we all know Washington uses tax shipping jobs overseas. He didn’t say be about something bigger. Instead of increases to fund even more spending the prosperity of America is the posses- dividing Americans, it should unite on things such as robosquirrels and sion of investment banks or wealthy them. Instead of inflaming passions, it Solyndra, not to reduce the deficit. oil companies alone. Rather, he said, should show what is possible when the That is what history shows us. It is our substance and prosperity are two parties actually work together. how we got in this mess in the first earned in factories, mills, farms, and I am glad he mentioned things such place. shops. The rewards belong to all those as expanding trade opportunities with So we are not going to play the who build, serve, create, and produce— Asia and Europe. That is an area where Washington game. The stakes for not only to the few strong enough or we can cooperate, and I look forward to American families are too high to keep rich enough to take for themselves. working with colleagues from both par- taking the easy way out, with more It is time to return to those roots. It ties to do just that. taxes and more wasteful spending. Re- is time to remember fairness is not just Overall, I am disappointed. I am es- publicans believe taking on this mas- a principle for which to strive but a pecially disappointed he chose not to sive burden of debt should be more im- powerful engine of growth and pros- seriously address the transcendent portant in this town than winning the perity for all Americans. issue of our time, which is finding a next election. That is why we need f way to control our spiraling debt be- commonsense reforms, such as a bal- fore it controls us. If we don’t do that, RECOGNITION OF THE MINORITY anced budget amendment. All Repub- we will not be able to leave our chil- LEADER licans support it, and Democrats dren the kind of country our parents should too. But we won’t get anywhere The ACTING PRESIDENT pro tem- left us; that is, a goal all of us should as a nation if the President refuses to pore. The Republican leader is recog- share. lead. We just can’t. So the question is, nized. Take the Obama sequester as just Will he lead or will he continue this f one example. The President had a endless campaign? chance last night to offer a thoughtful I want to end on a positive note, so I STATE OF THE UNION alternative to his sequester, one that would like to point out that there were Mr. MCCONNELL. I would like to say could reduce spending in a smarter areas of agreement last night, and I a word about last night’s State of the way. That is what Republicans have particularly appreciated the Presi- Union. To me, at least, the occasion been calling for all along, and it is the dent’s reference to Burma. And Sen- cried out for bold and courageous lead- kind of thing the House has already ator RUBIO did a great job with the Re- ership from a reelected President who voted to do not once but twice. We publican address. I hope the President

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The total ter, to the political center, we will. ther, to $26 trillion, by 2023; and he number of jobs in Texas since 1995 has Madam President, I yield the floor. wants us to forget his health care bill grown at the rate of 32 percent. When f will increase taxes by $1 trillion over we compare that with the rate of the next 10 years. He wants us to forget growth of jobs in America nationwide, RESERVATION OF LEADER TIME America’s credit rating has been down- we see it is 12 percent—32 percent to 12 The ACTING PRESIDENT pro tem- graded for the first time in our history. percent. That is not an accident. pore. Under the previous order, the He also wants us to forget we have Texas is also a leader in the creation leadership time is reserved. been suffering through the weakest of high-paying jobs. Between 2002 and economic recovery since the Great De- 2012, our State accounted for close to f pression, as well as the highest, longest one-third of all U.S. private sector job MORNING BUSINESS period of high unemployment since the growth in industries that pay more The ACTING PRESIDENT pro tem- Great Depression. than 150 percent of the average wage, He wants us to forget that nearly 4 pore. Under the previous order, the even though we have only 8 percent of out of every 10 unemployed Americans Senate will be in a period of morning America’s total population. have been jobless for at least 6 months. Last night the President talked business, with Senators permitted to He wants us to forget that the average about, How do we get middle-class peak therein for up to 10 minutes each, family median income has fallen by wages up? His prescription was an in- with the Republicans controlling the nearly $2,500 since the official end of crease in the minimum wage, but I say first 30 minutes and the majority con- the recession. He wants us to forget why don’t we look at ways to achieve a trolling the second 30 minutes. that the cost of health insurance for maximum wage by creating private Mr. MCCONNELL. I suggest the ab- the average American family has in- sector, high-paying, good jobs, as we sence of a quorum. creased by more than $2,300. And he have been successful in doing in Texas The ACTING PRESIDENT pro tem- wants us to forget that as part of the and as a few other States have done as pore. The clerk will call the roll. fiscal cliff negotiation, the payroll tax well. The legislative clerk proceeded to went back up, taking an additional bite After 4 years of trillion-dollar defi- call the roll. out of the check of middle-class work- cits and historically high unemploy- Mr. JOHANNS. Madam President, I ers. ment—right now our unemployment ask unanimous consent that the order Last night President Obama said we rate is roughly 7.9 percent, but that for the quorum call be rescinded. should ask ourselves three questions doesn’t really account for all of the The ACTING PRESIDENT pro tem- every day—those of us with the privi- people who have since given up looking pore. Without objection, it is so or- lege of serving here in the Nation’s for work, and it is estimated that more dered. Capital in the Congress and in the ad- than 20 million Americans either are (The remarks of Mr. JOHANNS per- ministration. He said: No. 1, how do we out of work or they are working part taining to the introduction of S. 317, S. attract more jobs to our shores? No. 2, time when they would like to work full 318, S. 319, and S. 320 are printed in to- how do we equip people with the skills time, but they can’t find those kinds of day’s RECORD under ‘‘Statements on In- they need in order to get those jobs? jobs. troduced Bills and Joint Resolutions.’’) And No. 3, how do we make sure hard I believe it is time for the President Mr. JOHANNS. Madam President, I work leads to a decent living? I may and this Congress to try a new ap- yield the floor and I suggest the ab- have my differences with President proach. The great thing about our sys- sence of a quorum. Obama on a number of policies, but I tem of government—of shared sov- The ACTING PRESIDENT pro tem- actually think those are really good ereignty between the States and the pore. The clerk will call the roll. questions. National Government—is that we have The legislative clerk proceeded to If the President is truly serious essentially laboratories of democracy call the roll. about finding the answers to those all around our country where we can Mr. CORNYN. Madam President, I questions, this may not surprise my try different things to see what works ask unanimous consent that the order colleagues, but he need look only to and what does not work. I only hope for the quorum call be rescinded. the model reflected in my home State the President and Congress will look at The ACTING PRESIDENT pro tem- of Texas. those places around the country where pore. Without objection, it is so or- I ask unanimous consent to have the policies actually work in creating dered. printed in the RECORD an article enti- jobs and economic growth. f tled ‘‘The Texas Growth Machine’’ at I believe it is time for the President the end of my remarks. to embrace policies that will encourage A CASE OF AMNESIA The ACTING PRESIDENT pro tem- private entrepreneurship, private sec- Mr. CORNYN. Madam President, pore. Without objection, it is so or- tor job creation, income growth, and after listening to President Obama’s dered. greater domestic energy production. In State of the Union speech last night, I (See exhibit 1.) short, it is time for him to embrace the was left scratching my head. Essen- Mr. CORNYN. The fact is our State Texas model. tially, the President wants us to pre- relies on a simple economic model the EXHIBIT 1 tend the last 4 years never happened. Federal Government could emulate if THE TEXAS GROWTH MACHINE He wants us to pretend his economic it would like to have similar positive (By Wendell Cox) policies have delivered a strong recov- results: lower taxes, limited govern- The American economy has had little to ery from the recession of 2008; he wants ment, sensible regulations, and cheer about since the 2008 financial melt- us to pretend his administration has progrowth energy policies. down and the resulting recession. Recovery made real progress on reducing the na- I know the occupant of the chair has been feeble, and many states continue to tional debt; and he wants us to pretend comes from a State that I believe is the struggle. One bright spot in the general that more taxes, more spending, and second largest producer of oil and gas gloom, however, is Texas, which began shin- more debt are the key to middle-class in the country—second only to Texas— ing long before 2008. Not only has Texas cre- prosperity. In other words, the Presi- and I know the Presiding Officer has ated jobs at a stunning rate; it has also— pace critics like the New York Times’s Paul dent is hoping we all have a case of am- seen the economic engine that is cre- Krugman—created lots of good jobs. Indeed, nesia. ated when we unleash our potential the rest of the nation could turn to the Lone He wants us to forget about $5.8 tril- when it comes to our energy resources. Star State as a model for dynamic growth, lion in new debt that was racked up These are policies that recently helped as a close look at employment data shows.

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.004 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S666 CONGRESSIONAL RECORD — SENATE February 13, 2013 The first thing to point out is that Texan fits from increased trade with Mexico under agenda, the plans, and what we hope to job creation has far outpaced the national the North American Free Trade Agreement, achieve in Washington during the average. The number of jobs in Texas has grew 3.7 percent. Job growth in economically course of the next year. grown by a truly impressive 31.5 percent diverse Houston has matched or exceeded the There were many elements in the since 1995, compared with just 12 percent na- state rate since 1995. tionwide, according to Bureau of Labor Sta- What accounts for the resilience of the President’s State of the Union Address tistics data. Texas has also lapped Cali- Texas economy, which has outperformed the last night. There was one in particular fornia, an important economic rival and the rest of the country not only over the long I was struck by. He talked about estab- only state with a larger population. The term but during the Great Recession as well? lishing a college scorecard. He talked Texas employment situation after the finan- A pro-business climate has unquestionably about the challenges families are fac- cial crisis was far less spectacular, of course, been a substantial advantage. In its annual ing across America paying for college with the number of jobs growing just 2.4 per- ranking of business environments, Chief Ex- education. It has become an enormous cent from 2009 through 2011. But that was ecutive has named Texas the most growth- expense. It is the fastest growing debt still six times the anemic 0.4 percent growth friendly state for eight years in a row. (Cali- rate of the overall American economy. fornia has been last for the same eight in America—$1 trillion in student loan The National Establishment Time-Series years.) The reasons included low taxes and debt. (NETS) Database, which provides detailed sensible regulations; a high-quality work- Sadly, many students are getting in information on job creation and loss for force (Texas ranked second only to Utah in too deeply. They are getting too far in firms headquartered in each state, can tell that category in 2012); and a pleasant living debt, and they may not be able to get us more about Texas’s employment growth. environment (an eighth-place finish, slightly a job to pay it back. Many students are NETS data are divided into two periods—the below sixth-place Florida but, perhaps sur- defaulting on those loans because they first from 1995 to 2002, the second from 2002 prisingly, far better than 28th-place Cali- to 2009. During the 2002–09 period, small busi- don’t have an income. Sometimes their fornia). parents help them go to college and nesses of fewer than ten employees were the Part of the explanation for the high living- Texas employment engine, adding nearly environment score is doubtless Texas’s low sign the papers. Sometimes the efforts 800,000 new jobs; of those, about three-quar- cost of living. In 2011, the U.S. Bureau of to collect the money go beyond the de- ters were in firms with two to nine employ- Economic Analysis put Texas’s ‘‘regional faulting student to the parents—in ees. Larger Texas companies—those with 500 price parity,’’ a measurement of the price fact, sometimes to grandparents. or more employees—lost a significant num- level of goods in an area, at 97.1, a bit lower There was a case reported of a grand- ber of jobs over this span, and medium-size than the national level of 100 and far lower firms likewise shrank, trends that also mother who wanted to help her grand- than the California level of 114.8. Adjusted daughter, so she signed the student showed up on the national level. for cost of living, Texas’s per-capita income Bureau of Labor Statistics data shows that loan application. The granddaughter is higher than California’s and nearly as high many of the new Texas jobs paid well. In- as New York’s. Factor in state and local didn’t get a job, perhaps didn’t finish deed, Texas did comparatively better than taxes, and Texas pulls ahead of New York. school. There came a time when, in col- the rest of the United States from 2002 More than three-quarters of the cost-of-liv- lecting the student loan, they actually through 2011. For industries paying over 150 ing difference between Texas and California garnished the Social Security check of percent of the average American wage, Texas can be explained by housing costs. Texas could claim 216,000 extra jobs; the rest of the the grandmother. That is the most ex- mostly dodged the real-estate bubble of the country added 495,000. In other words, the treme case I have heard. 2000s: the affordability of houses in large Lone Star State, with 8 percent of the U.S. When it comes to indebtedness and metro areas spiked in America as a whole population, created nearly a third of the student loan default, there are dif- but rose only modestly in Texas. A major country’s highest-paying positions. Texas ferent categories of debt. Some stu- reason that Texas real estate is so affordable also added 49,000 positions paying 125 percent is that the state lacks the draconian land- dents are lucky and don’t have to bor- to 150 percent of the U.S. average; the rest of use restrictions that drive California housing row a penny. Most do, and those who the country lost 174,000 jobs in that category. prices into the stratosphere. The affordable borrow money, we find, borrow the low- Two sectors in which Texas employment did housing attracts both people and businesses. est average amount from public univer- particularly well during the same period Since 2000, 1 million more people have moved were natural-resource extraction (in fact, sities—community colleges and public to Texas from other states than have left. the state gained 80 percent of all new jobs in schools. Next come private universities All these considerations suggest that the country in that field) and professional, and then a special category—the for- Texas is poised for further growth. And a scientific, and technical positions. Both job profit colleges. This is an incredible in- final reason for Texans to be optimistic is categories boast average wages far higher that a major expansion of the Panama Canal dustry of which most Americans are than the national overall average. As hap- will be completed in 2014. That could bolster not aware. pens whenever an economy grows, Texas also the Lone Star State’s success by rerouting When we think of for-profit schools, added hundreds of thousands of positions in Asian commerce from West Coast ports to we should remember three things, food services, health care, and other lower- Texas alternatives, which are closer to the paid fields, in addition to the more lucrative three numbers. Twelve percent of stu- nation’s major markets. jobs. Texas did lose 10,000 construction jobs, dents coming out of high school go to but that was a modest downturn, in light of Mr. CORNYN. With that, Madam for-profit schools. The biggest ones, the the massive national slowdown in building President, I yield the floor. most well-known schools, include the caused by the crisis of 2008. I suggest the absence of a quorum. University of Phoenix, DeVry Univer- Vital to the economic health of Texas is The ACTING PRESIDENT pro tem- sity, and Kaplan University. There are that people are moving to its cities in pore. The clerk will call the roll. a number of names which, when we droves. In 2011, Houston surpassed Philadel- hear them, we say: I have heard a lot phia in population and became the country’s The assistant legislative clerk pro- fifth-biggest metropolitan region, with 6.1 ceeded to call the roll. about those. They advertise a lot. million people. Dallas-Fort Worth, with 6.5 Mr. DURBIN. Madam President, I ask Twelve percent of the students com- million, was already the country’s fourth- unanimous consent that the order for ing out of high school go to those for- biggest. The two cities trail only New York the quorum call be rescinded. profit schools. However, those for-prof- City, Los Angeles, and Chicago, marking the The ACTING PRESIDENT pro tem- it schools receive 25 percent of all of first time that a single state has had two pore. Without objection, it is so or- the Federal aid to education—12 per- metros in the country’s top five since the dered. cent of the students, 25 percent of the Census Bureau began designating these areas Federal aid. Why? Because they are ex- a century ago. Meanwhile, of all metropoli- Mr. DURBIN. Madam President, I ask tan areas in the country with more than 1 unanimous consent to speak as in pensive. For-profit schools are very ex- million residents, the fastest-growing from morning business. pensive, and the tuition is high. So a 2010 to 2011 was Austin. The ACTING PRESIDENT pro tem- student, to be able to go there, may Though the national downturn has slowed pore. Without objection, it is so or- qualify for a Pell grant, which is an ac- job creation in Texas’s cities, they’re still dered. tual grant of money for students from adding jobs, sometimes briskly, unlike many f low-income families. Then, for loans other American metropolitan regions. Aus- beyond that—and it turns out that 25 tin’s strong information-technology sector FOR-PROFIT COLLEGES and government-related work (the city is percent of all of the Federal aid to edu- Texas’s state capital) helped propel 4.3 per- Mr. DURBIN. Madam President, the cation goes to for-profit colleges that cent job growth from 2009 through 2011 (and President’s State of the Union Address have 12 percent of the students. 15.3 percent growth from 2002 through 2009). is an annual event where each Presi- That is not the most important num- The number of jobs in McAllen, which bene- dent comes forward, talks about the ber to remember—not 12, not 25, but

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.008 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S667 this final number: 47 percent of all the bankrupt. You start over, wipe the is time to move on to another college student loan defaults come out of for- slate clean. or university, and you will move on to profit schools, which means that stu- Not a lot of people do that, but when that third year of college without a lot dents who start at those schools either things get really bad, they have to. of debt. Start at a community college. don’t finish and then can’t pay back Guess what. When it comes to student Ramon ended up at a community col- their loans or finish and can’t find a loans, they are not dischargeable in lege finally trying to get the education job to pay back their loans. For-profits bankruptcy. The debt that a 19-, 20-, the for-profit school failed to give him. schools, 47 percent of the student loans and 21-year-old student signs up for is a He says he wishes he had known that default. debt for life. They pay it back forever— at the beginning—starting at that com- The stories are heartbreaking. Imag- until it is paid. So these are serious munity college instead of the Amer- ine, 19, 20, 21 years old, papers are debt obligations, and it is hard to ican Intercontinental University. being shoved across the desk in the fi- imagine that many young people with- Then, he says, he would have received nancial office at a for-profit school, out a great deal of life experience real- the same education but without $90,000 and a student is basically told: Well, ly know what is too much debt, really of debt. you can start school next week; all you know whether that school is any good. Why does he have so much debt? Ac- have to do is sign up for these loans. Let me tell you a story of one stu- cording to a recent committee report What is a student to think? I have dent. in the Senate, the American Inter- been told my whole life to go to col- Ramon Nieves attended the Amer- continental University costs 250 times lege. Mom and dad are counting on me ican Intercontinental University, a for- more than a nearby community col- to go to college. This is the way to get profit college owned by Career Edu- lege—250 times more. a good job. I will sign up. I want to cation Corporation. Like many who at- Federal student aid cannot cover the start. tend for-profit colleges, Ramon was the tuition costs, so students are forced to What the student doesn’t know is first person in his family to go to col- turn from Federal student aid, govern- whether that school is worth the lege. The recruiters at these for-profit ment loans, which are low-interest money. How could they know? I think schools look for these students. loans, to private student loans, which back to those days when I started col- Without guidance from his family—a are high-interest loans. Some students lege. I hate to go back that far in time, family that had no experience with col- do not know, as they are sitting there, but I didn’t know whether borrowing lege—he trusted the school when they the differences between a 3.2-percent $1,000 in those days was a good idea or advised him about student loans. He annual rate of interest and an 18-per- a bad idea. I knew a lot of my fellow said the school just told him to sign his cent annual rate of interest, and that students were borrowing. But now stu- name. That is all he had to do. They can be the difference between a govern- dents are getting in much more deeply. never explained the difference between ment loan and a private loan. To put it in shorthand from someone It isn’t just $1,000 or $5,000 or even the kinds of loans that students could who has paid off loans, the higher the $10,000. At the end of the day, it turns take out; that there are government interest rate, the more your monthly out to be much, much more. loans, Federal loans, and then there payment is going to the bank rather I have come to the floor a number of are loans from private financial insti- than reducing the amount of money times to tell the stories about these tutions. He was never told what his you owe. for-profit schools to warn students and balance would be—how much he owed— Federal student aid cannot cover the their families to be careful. Some of or what he could expect his monthly tuition costs. The private loans are these schools are good; many of them payments to be when it was all over. signed up for, and they do not come are awful—just plain awful. He signed up. He wanted to get start- with any consumer protections. Gov- Last night the President said he ed with college. And he kept signing ernment loans do. Government loans wanted to create a college scorecard. I and signing, semester after semester, allow you to consolidate. Sometimes want to hear more. I hope there will be year after year, until he graduated. He they take into consideration the job a scorecard and a Web site, maybe, graduated from this for-profit school you end up with in life. Sometimes where students—high school students with $90,000 of debt—$90,000. there is forgiveness of government stu- or others across America—can take a He works several jobs, almost 80 dent loans. It is a much more flexible, look at every college opportunity, not hours a week, so he can pay his month- low-cost program than private student just their pretty catalogs or their great ly student loan payments, which are loans. Web sites but to find out how many of $1,000 a month, right off the top. Sometimes students will need private these students who graduate from this His student debt is a constant burden student loans, but for-profit colleges college actually get a job, and those for him and his family. He owns a are using these private student loans who get a job, how much do they actu- home, and he thinks he is going to lose for another important reason to them. ally get paid. Of the students who bor- it because of the student loans. He de- For-profit colleges encourage students row money to go to this college, how cided to try to file for bankruptcy be- to take out private loans, at least in much do they borrow? How many of cause he was in debt so deeply, but he part, because private loans allow these them fail to make the payments on learned the hard way that the bank- schools to continue to get more Fed- their student loans later in life? ruptcy court cannot help him when it eral funds. It is a complicated formula, Oh, there is one important thing I comes to student loans. but in order to get the maximum left out. Here is what you are going to Ramon says he wishes he had not amount of Federal dollars, the for-prof- learn about loans to students. They are gone to college at all; that he was bet- it schools push kids into private loans different than other types of loans. You ter off before he got that deeply in even when they are still eligible for the see, if I decide to buy a home and a car debt. Now he is at a community col- better government loans. and a boat and then lose my job and go lege—a community college—trying to The rule I am talking about is the 90/ broke and cannot pay them back, get an education because the $90,000 in 10 rule which requires for-profit col- under the most extreme cases I can go the for-profit college turned out to be a leges to receive at least 10 percent of to court and put all my debts on the waste of time. He is now where he their revenues from sources other than table in front of a judge and say: Here should have started. the Federal Government—10 percent of is all the money I owe and here is all Students who are not sure, start at a their revenues from sources other than the money I have. I do not know where community college. You are near the Federal Government. to turn—and go through something home. You can commute. They offer a If you took the Federal money we called bankruptcy. lot of options. They are not expensive. send to for-profit schools in America— In bankruptcy, the judge says: Well— You will learn a lot about yourself, roughly $32 billion a year—if you took let’s say you have $10,000 in the bank about your education, and your dreams that money and translated it into a and you owe $50,000. You are going to by sitting in those classrooms and Federal budget, for-profit colleges in lose your $10,000. You cannot pay back going through community college America would be the ninth largest the $50,000, but you no longer have an courses. After a year or two, if it Federal agency—$32 billion going to obligation to pay it. You are judged sounds right and feels good for you, it this sector of the economy.

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.009 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S668 CONGRESSIONAL RECORD — SENATE February 13, 2013 When they push the kids into the pri- These schools that leave these kids sure we are sensitive to student loans, vate loans that are not as good, not as high and dry break my heart. Every student indebtedness, that we hold col- generous, much more expensive, that time I fly out to O’Hare Airport, on the leges and other training institutions covers the 10 percent they have to Kennedy Expressway in Chicago, right accountable for what they are doing to come up with in real money as opposed before I get to the Cumberland exit, I and for students—it is time for us to to government money. It means that 90 look up at one of these office buildings, turn the page and join the President. percent of the revenue of these ex- and up there in big, bold letters is The President’s speech last night is a tremely profitable schools comes right ‘‘Westwood College.’’ Wow, the campus challenge to all of us on both sides of out of the Federal Treasury. of Westwood College. the aisle, both sides of the Rotunda, to Even though for purposes of this rule I know a little bit about that college. take this student debt crisis seriously. Federal revenue includes only funds I have met students who have gone to Madam President, I yield the floor from the Department of Education’s that college, and let me tell you, I and suggest the absence of a quorum. Federal student aid programs—GI bill want to put a sign right under there The ACTING PRESIDENT pro tem- funds, for example, are not even consid- that says, ‘‘Please Avoid This Ripoff.’’ pore. The clerk will call the roll. ered Federal funds—many for-profit A young lady who went to Westwood The assistant legislative clerk pro- schools are close to 90 percent of their College testified in Chicago. She ceeded to call the roll. revenue coming from the Federal Gov- watched a lot of shows on TV about fo- Mr. REID. Mr. President, I ask unan- ernment. If you add in GI bill funds, rensic criminal investigation, and she imous consent that the order for the sometimes it is closer to 100 percent. wanted to get into criminal investiga- quorum call be rescinded. Where is the accountability? If these tion. She signed up at Westwood Col- The PRESIDING OFFICER (Ms. schools are dragging kids deeply into lege. It took her 5 years to finish. BALDWIN). Without objection, it is so debt, if the kids are defaulting at rates When she finished, she had a debt of ordered. twice as fast and twice as serious as $90,000. But she wanted a degree in law f those going to public and private enforcement. She wanted to be on CSI schools, where is our responsibility? in the real world. Guess what hap- UNANIMOUS CONSENT AGREE- How is a student—a high school stu- pened. She went to every law enforce- MENT—EXECUTIVE CALENDAR dent in Illinois or in North Dakota— ment agency in the Chicagoland area, Mr. REID. Madam President, I ask supposed to know whether that Web and they pushed it back and said: unanimous consent that at 2 p.m. site about that college is true? Westwood is not a real college. You today the Senate proceed to executive How would they know when that have wasted your time—5 years—and session to consider Calendar No. 8, the school says ‘‘we are accredited,’’ that your money. nomination of William J. Kayatta, to the accreditation is phony? Most of Here she sits now living in her par- be circuit judge for the First Circuit, these for-profit schools belong to an or- ents’ basement at a time in life when with 30 minutes for debate, equally di- ganization that accredits all the she thought she would be starting her vided in the usual form; that upon the schools that are for-profit schools. own career, her own life. What is she use or yielding back of time, the Sen- They take care of one another. They doing? She is paying back a loan for a ate proceed to vote without inter- ignore the obvious when these schools worthless education from Westwood vening action or debate on the nomina- are failing the students and their fami- College. tion; the motion to reconsider be con- lies. I have been after these folks for a sidered made and laid on the table, The Federal aid is keeping the doors long time. They exploit these kids day with no intervening action or debate; open for these for-profit schools. Can in and day out. Sadly, we subsidize that no further motions be in order; we afford that? Can we afford to get them. We send them millions of dollars that President Obama be immediately students across America deeply into in Federal funds to continue this ex- notified of the Senate’s action, and the debt for a largely worthless education? ploitation of students. Senate then resume legislative session. Do we have that much money sloshing This has to come to an end. This is The PRESIDING OFFICER. Is there around here in Washington when it not the kind of thing we need to en- objection? comes to helping students get through courage if America is going to have Without objection, it is so ordered. school? well-educated and trained students so Mr. REID. Madam President, I sug- That is why the President’s state- they have good lives and America con- gest the absence of a quorum. ment last night about student debt, tinues to prosper. The PRESIDING OFFICER. The about the rising college costs, and a One of my colleagues, Senator TOM clerk will call the roll. scorecard for colleges and universities HARKIN of Iowa, has been a leader on The legislative clerk proceeded to is right spot on. It is time we tell fami- this issue. As chairman of the HELP call the roll. lies across America the truth about Committee, he has had hearings on for- Mr. COATS. Madam President, I ask colleges and universities, and it is time profit schools, and I commend them to unanimous consent that the order for for those same colleges and univer- anyone interested in this subject. Take the quorum call be rescinded. sities to wake up to a reality. The re- a look at TOM HARKIN’s hearings. I The PRESIDING OFFICER. Without ality is the sky is not the limit when it could go on for a long time—TOM could objection, it is so ordered. comes to the cost of higher education. too—about the schools across America f I have talked to a number of them— that are exploiting students. respected institutions—that give good We owe it to the students to tell STATE OF THE UNION REACTION degrees, good diplomas, and I have told them the truth. We owe it to their par- Mr. COATS. Madam President, last them the same thing: You just cannot ents. And we beg teachers and high night President Obama had the oppor- keep raising the cost of higher edu- school counselors and others, who real- tunity to present to the American peo- cation. Middle-income families, work- ly care about young people: Look long ple a plan envisioned for how he plans ing families do not have a chance. and hard at these for-profit schools be- to strengthen the state of our Union. Madam President, $20,000, $30,000, fore you recommend them to a student. While I am pleased he finally turned $40,000 a year to go to school? It is just I encourage all my colleagues to take his focus back to the ongoing jobs cri- something that ordinary families can- a look at legislation that TOM HARKIN sis in our country, I was left feeling not even consider. and I have introduced. We are trying to disappointed and frustrated that the Congress needs to act now to stop drop the Federal subsidy to these for- President continued to call for higher this for-profit school industry from ex- profit schools just a small bit. It will taxes to pay for more and more govern- ploiting students and their families be hard to do. These for-profit schools ment spending. and taxpayers. Why we are spending so are pretty powerful in Washington. But I don’t believe the President ac- much money—money we can no longer if we are going to do our job to protect knowledges—or at least he didn’t last afford—to subsidize these highly profit- families and students across America— evening—the seriousness of our debt able schools is beyond me. I cannot ex- following the President’s lead from his and fiscal crisis. We are nearly $16.5 plain it. State of the Union address to make trillion in debt, and $6 trillion of that

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.010 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S669 debt is from the President’s spending what it takes to help. But Hoosiers and facts. Do the math, do the arithmetic. over the last 4 years—and he now has 4 the American people are not willing to This is not ideological. This is not Re- more years to go. be enablers to Washington’s spending publicans versus Democrats, liberals Yet rather than tell the American addiction. They want to see their law- versus conservatives. This is pure num- people specifically how he will reduce makers and this administration reform bers, pure math. It is an unsustainable this unsustainable debt, he once again the outrageous, out-of-control spend- course, and it is going to result in a pulled out the same tired playbook and ing, not continually call for higher massive decrease in benefits for those made it clear his basic fiscal plan is taxes to pay for greater spending com- who pay into those programs over a ever higher taxes. It’s almost an obses- ing out of Washington. lifetime or a massive increase in taxes sion with tax hikes and telling the I have to say I was somewhat encour- on those who have to have that de- American people: You are just not aged that the President mentioned he ducted from their paychecks and put taxed enough, when we are practically was willing to make modest reforms to into these programs in order to keep taxed to death. When you add not just programs like Medicare. Both Repub- them solvent. the Federal but the State and the local licans and Democrats, including the We have to deal with that problem and the sales and the excise and gaso- President, agree that Medicare, Med- and deal with it now. We should have line and the entertainment and all the icaid, and Social Security represent been dealing with it years ago. We have other taxes that American people pay the biggest portion and ever-growing seen this train wreck coming, and it is in their daily lives, it cuts into their percentage of government spending. getting ever closer. Now it is time for paycheck in a very significant way The nonpartisan Congressional Budget the President, having recognized the each week. The real question is, Is the Office recently reported that spending need to address this issue—now is the solution to our problems more taxes on on Medicare, Medicaid, and Social Se- time that he needs to show the Amer- the American people? curity and the interest on the debt for ican people he is willing to lead, not Mr. President, you got your taxes in that spending will consume 91 percent from behind but from the front, and the fiscal cliff debate. You had cam- of all Federal revenues in 10 years. offer a specific plan to reform and paigned for this and you won the elec- That, then, takes all the wind out of strengthen our health and retirement tion. These tax levels were going to ex- our sails in terms of those necessary security programs. The President said the sequester—the pire and hit every American with a functions of the Federal Government, across-the-board cuts where everyone massive tax increase. We clawed back a such as preparing adequately for our gets nicked—is a terrible idea. It is his significant amount of that to protect national security and defense and a terrible idea, and it is not the best way the majority of Americans. But you number of other things the Federal to address our spending plight. It is not got your taxes, Mr. President. Now is Government is involved in that are es- the best way to deal with this because the time to address the other side of sential functions. But with mandatory it basically assumes that every pro- the so-called balanced approach that spending eating up, in 10 years, 91 per- gram is of equal value, that what is you have been promising: spending re- cent of all we take in, we still are not spent to provide security for the Amer- ductions. going to have the ability to pay for Sadly, last night gave us no indica- ican people by having an adequate and those programs. strong military is at the same level as tion that the President is committed With 10,000 baby boomers retiring some program that has been proven to leading on this critical issue and fix- every day, we know the status quo is years ago to be totally dysfunctional ing our economy and, more important, unsustainable. We cannot afford to and efficient. But they would both get getting more people back to work. continue the way we are. These pro- Instead of detailing a plan to reduce cut. grams are in jeopardy. We are not try- I will be laying out a number of the record-high debt, he outlined a lib- ing to take away the programs, we are things, as others have—like Senator eral laundry list of new government trying to save the programs. They are COBURN to highlight some of those pro- programs and initiatives. I could al- in jeopardy, though, if we do not take grams that need to be reevaluated. Not most hear the sound of a cash register steps now to structure them in a way that we think all of these ought to be in the background—ka-ching, ka-ching, that will control costs and preserve eliminated or trimmed or that they ka-ching—with every new program he benefits for current and future recipi- don’t fall into an essential category in put forward. ents. terms of the role of the Federal Gov- Some of these ideas were worthy Hard-working Hoosiers and millions ernment but there are several pro- ideas, but we cannot afford them. How of Americans have spent a lifetime grams that nonpartisan agencies, such are we going to pay for them? What is paying into these programs, and they as the General Accounting Office, or the result? The President said in a rely on the health and security benefits even the President’s own Office of Man- most disingenuous way that none of they receive from them. But these ben- agement and Budget have rec- these initiatives would add a dime to efits will not last if we ignore the facts ommended, are not worthy of the sup- the already unsustainable debt. If they about the current fiscal status and in- port they receive because they are not do not add a dime to the debt and you solvency these programs are careening an essential function or they are even are proposing all kinds of programs toward and do nothing. I was glad the dysfunctional programs altogether. that are going to cost a lot of money, President at least acknowledged that We do not have to delve into the there is only one way you can pay for we need to make modest reforms. I across-the-board sequester, which we them, and that is to raise taxes—either think we can do that. have no choice but to do now because that or to continue to borrow money The reason we are dealing with this we failed to live up to what we needed and put us in an ever-deeper hole of across-the-board sequester and the rea- to do—and I will be talking about that debt, more obligated to our creditors son we are talking about potential cuts later, as I said. with each day that goes by. that have to be made is we have not I urge us to focus on fixing the coun- Hoosiers and Americans across the had the courage and the will to stand try’s fiscal health. We do not do that country are taxed enough. Washington up and recognize and acknowledge that by raising taxes, we do it by enacting cannot keep asking hard-working it is the mandatory spending reforms broad spending reforms. We do it by re- Americans to dig deeper and pony up that will put us in a place of fiscal ducing our debt. We do it by creating a more money so that the Federal Gov- health so we can continue the effective budget so we can live within our ernment can spend more. The Amer- and essential functions of the Federal means. And we do it by promoting ican people no longer are falling for Government. growth, growing our economy. A grow- that. Hoosiers tell me they want to do According to the International Mone- ing economy can solve a lot of prob- their part to restore the fiscal health tary Fund, to cover current obligations lems and get a lot of people back to of this country. They want to do their for Social Security, Medicare, and work. This is how we strengthen Amer- part to help America become a better Medicaid, our younger generation—our ica, and this is how we get Americans place and a more prosperous nation for young people—will either have to pay back to work. their children and their grandchildren. 35 percent more taxes and receive 35 It is time we get to work and accom- They are willing to step up and do percent lower benefits. Those are the plish this task that lies before us now,

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.015 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S670 CONGRESSIONAL RECORD — SENATE February 13, 2013 not later—no more deferrals, no more that, promises. Those promises were They didn’t favor adding border agents. pushing it down the road. It is time to not kept, and as a result what hap- There was a vote for border agents— step up now, as the President said, put- pened with that model? The problem of and I remember speaking about it—but ting the interest of our country ahead 3 million illegal aliens didn’t go away they never produced the money. So we of our own personal political interest, and was not solved once and for all. It authorized border agents. People said rising above the political to do what is quadrupled and became the present they were for border agents, but they right for America. problem of 11 or 12 million—or more— would not vote for the money to sup- That is the challenge, and, Mr. Presi- illegal aliens. That is the fundamental port that. We had a big discussion and dent, we need your leadership. concern I have with most of the so- debate about that, and eventually we I yield the floor and suggest the ab- called comprehensive proposals being added some border agents. That has sence of a quorum. put forward. That is the fundamental helped, but the problem is not fixed. The PRESIDING OFFICER. The concern of Louisianans I talk to every Internally, this administration has clerk will call the roll. day. systematically dismantled enforce- The legislative clerk proceeded to We want to solve the problem. We ment inside the United States. Chris call the roll. don’t want to perpetuate it, much less Crane, who is head of the Immigration The PRESIDING OFFICER. The Sen- quadruple it. I think it is important to and Customs Enforcement Union, is a ator from Louisiana. discuss alternative, more effective, marine and a great guy. The ICE union Mr. VITTER. Madam President, I ask more workable approaches. I have sev- has unanimously voted no confidence unanimous consent that the order for eral ideas about what those approaches in John Morton, the head of the ICE the quorum call be rescinded. might look like, and, in fact, I am in- Department. They have sued the ICE The PRESIDING OFFICER. Without troducing a package of immigration Department because Morton blocked objection, it is so ordered. bills today. I will talk about that fur- them from doing their sworn duty to Mr. VITTER. Madam President, I ask ther, but I certainly want to recognize enforce the law. unanimous consent to enter into a col- and thank my good friend and col- Today I asked Crane if he had ever met with Secretary Napolitano. Chris loquy with my Republican colleague league, Senator SESSIONS from Ala- from Alabama, as well as any other bama, for joining me on the Senate testified about the bad morale that ICE Members who may join us. floor today. agents have. A little over a year ago I The PRESIDING OFFICER. Without Mr. SESSIONS. I thank the Senator asked Secretary Napolitano about the objection, it is so ordered. for his leadership and in-depth study bad morale that ICE agents have. Crane said he had never met her and f and knowledge about how these laws are working—and really not working— has never shaken hands with her. At IMMIGRATION POLICY in America today. this point, we don’t have the kind of Mr. VITTER. Madam President, Sen- I just left a hearing in the Judiciary commitment in law enforcement that I ator SESSIONS and I take to the floor to Committee. The chairman of that com- think gives the American people con- talk about immigration, which is obvi- mittee, Senator LEAHY, basically said— fidence that we are moving forward on ously a very important and very hot referring perhaps to me—they want en- the right path. topic. The first point I would like to forcement first, but it seems they don’t Finally, I would just share with the Senator that I do think that means make is just a simple statement and have any interest in amnesty—or this is no sure thing. People are aw- suggestion. There has been a lot of ac- words to that effect. I would say the fully confident that as long as some big tivity and a lot of discussion about im- American people’s view is exactly the names are on the bill, it is just going migration in the Senate and in the opposite. What the American people Congress and Washington, DC. If we to pass. I am not confident that is so. have been asking for and what they are Mr. VITTER. I thank the Senator, merely listen to a lot of beltway, so- afraid of is that we will have a deal and I certainly agree. Again, the funda- called mainstream reporting about like 1986 where the amnesty provisions mental issue is, Is the model that has this, they would give the impression become law and were immediately ap- been tried before really going to that there is near universal consensus plied, but the promises of enforcement work—an immediate amnesty with around a model we have tried before, never occurs. So I believe that is a dan- promises of enforcement? Unfortu- which is a so-called comprehensive ap- ger again. nately, history is littered with exam- proach. It feels to me so much like 2007 when ples of that exact model failing and First, I don’t think there is anything I, Senator VITTER, and others engaged those promises of enforcement never near universal agreement. I don’t think and asked tough questions about the being kept. there is consensus. I think there are legislation which really resulted in its What do I mean by that? I mentioned real questions and concerns among failure because it would not have done 1986, which is the biggest historical ex- many of us in the Senate and in Con- what the authors of it said it would do. ample: An immediate amnesty where gress but, much more importantly, in So for 30 or 40 years the American peo- we are going to get serious about en- America and the real world. ple have said: End the lawlessness. forcement, we will never have to look I think those fundamental concerns That is what they have asked of us back, and we will have to do this once. come down to one thing; that is, we first. They will work a way to be com- We will solve the problem. have tried this so-called comprehensive passionate if the lawlessness has ended, Of course, it didn’t solve the problem; approach before. We have tried pro- but that has not happened. it quadrupled the problem. There were posals that marry an immediate am- In fact, in a number of ways we have 3 million illegal aliens back then. nesty with promises of enforcement. gone in the opposite direction. Im- There are 11 to 12 million illegal aliens That model has not worked before. In provement has occurred at the border now. There have been promises of a fact, it has failed miserably. in real numbers because over the last U.S.-VISIT Program with an entry- The most notable example was major several years—before President Obama and-exit system to track everyone en- immigration legislation in 1986. It was took office—we agreed to increase the tering the country and making sure the same model. It had comprehensive number of Border Patrol agents. With they exit in time. That was first prom- and immediate amnesty with promises the help of Senator VITTER, I forced ised back in 1986. Ten years later, in of enforcement. There were promises through legislation to build a fence. I 1996, Congress passed another act to re- that we will have to do this just once, am sure Senator VITTER remembers quire a fully integrated entry-exit sys- never have to look back, and the prob- that debate. tem with full implementation by 2005. lem will be solved. Of course, the prob- Now everybody talks about how we Guess what. 2005 has come and gone. It lem was not solved. It didn’t even just have a fence, and they are bragging has been 30 years since that initial continue. The problem has quadrupled. about it. It is only 36 miles of the real promise was made. We still don’t have The amnesty did happen imme- fence we asked for. I am sure the Sen- an operational and effective U.S.- diately. As soon as the bill passed, that ator from Louisiana remembers how VISIT system. virtually and immediately kicked in. they opposed every foot of it and how My colleague from Alabama men- The promises of enforcement were just they resisted it in every way possible. tioned another glaring example: the

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.016 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S671 Secure Fence Act of 2006, which we ac- reforms, to do those, and to have them full citizenship will happen ultimately, tually passed in legislation. The Secure working before we move on anything no matter what on the enforcement Fence Act of 2006 promises to achieve else. side. operational control for the entire bor- Today I am introducing a series of Mr. SESSIONS. I will conclude and der. It defined ‘‘operational control’’ as bills that fall into that targeted, step- yield to my esteemed colleague to lay ‘‘the prevention of all unlawful entries by-step approach. I do not use the word out some ideas he has to actually im- into the United States, including en- ‘‘comprehensive’’ because I think that prove enforcement so that if we get to tries by terrorists, other unlawful word is a negative. It is targeted, and the point where we can achieve a legal aliens, instruments of terrorism, nar- it is step by step. I will outline those system that operates effectively in cotics, and other contraband.’’ We have bills in a minute. America, we will know it when it hap- not achieved that. Again, I certainly want to thank and pens. We can get there. Without some In fact, we are so far from that goal, recognize the Senator from Alabama. of these provisions Senator VITTER will DHS has had to weaken the definition Mr. SESSIONS. Would the Senator recommend, I am confident we will not so it only now talks about effective from Mississippi say the enforcement get there. If people won’t support these operational control. They had to stick of immigration laws is an area—based kinds of provisions, then it raises ques- the word ‘‘effective’’ in there because on the Senator’s experience in Con- tions about whether they are serious we never had operational control. Who gress, in the House and in the Senate— about their promises to end the law- knows exactly what that means, but where the difference between the prom- lessness. GAO tried to define and tried to meas- ises of what is going to happen and I just left a Judiciary Committee ure it in a recent report. what actually happens is greater than hearing. Mr. VARGAS testified, who was In their recent report they found almost any other issue we have dealt here apparently illegally, came at the that only 44 percent of the southern with, where people are promising this age of 12. I asked him: Should a good border was under any sort of oper- and only delivering something else? Nation have a legal system that has ational control. Only 15 percent of that Mr. VITTER. Absolutely. Unfortu- clear laws, clear policies, and those is under full operational control. Even nately, that is the history, tried and laws are in force? And he said yes. So if we use the loosey-goosey word ‘‘ef- true: lots of promises. No single major there is nothing wrong, nothing im- fective,’’ we have less than one-half of promise has been kept. Whether it is moral, nothing unconstitutional for the border under that control. More the fence, whether it is the US-VISIT the American people to say we should than one-half of the border is under Program, whether it is the overall have a lawful system of immigration. what they call managed control, which promise of enforcement in 1986, none of Everybody is not able to come. You often means no control. It means a lot those promises has been kept. have to wait in line and wait your turn of almost fully unfettered, illegal Mr. SESSIONS. According to some and meet the qualifications before you crosses. news reports—to follow up on the point come. And if you try to enter illegally, Now we come to today with this de- the Senator made about sending two there will be consequences. There is bate, and the new promise: If you just messages, one promising the people one nothing immoral about that. It is only give us immediate amnesty, we are thing and the other telling special-in- common sense. It is only the right going to have this enforcement. We terest groups another thing—one re- thing to do. promise, we promise, we promise. port said Democratic Senators have as- I thank the Senator from Mississippi Again, we are concerned that we are re- sured immigration activists that the for his work on this and the ideas he living history in a negative way. so-called enforcement trigger is just a will be presenting to us. For instance, when the Gang of 8 de- ‘‘talking point’’ to give Republicans, Mr. VITTER. I thank the Senator clares they ‘‘will ensure . . . a success- who are supporting this scheme, this from Alabama for his leadership on ful permanent reform to our immigra- plan, as cover and there will not ever this issue and on the Judiciary Com- tion system that will not need to be re- be an impediment to the achievement mittee. visited,’’ that sure sounds like 1986, of amnesty. Does that make the Sen- There is, Madam President, an alter- with this one fix that we will never ator from Mississippi uneasy, that peo- native way forward, a positive, produc- have to look back. But, of course, we ple who are supposed to be speaking in tive way forward, a targeted, step-by- are looking back because the problem good faith, telling their Republican step approach that is appropriate, par- has grown. It is interesting to note colleagues and the American people ticularly given all the broken promises that the very day after the Gang of 8 they have a plan that is going to guar- of the past. announcement, there was even dis- antee enforcement while they are tell- The American people need to be con- agreement between some of the gang ing, apparently, the activists some- vinced, and who can blame them? members regarding what they an- thing quite different? Again, the landscape of this issue is lit- nounced and what they promised. Mr. VITTER. That makes me very tered with utterly broken promises. We Many of the Republican members of nervous and very uneasy. It is exactly need to rebuild that trust and rebuild that Gang of 8 emphasized that en- what Senator SCHUMER said the very that confidence, and we can only do forcement has to happen; otherwise, next day after the announcement: that in a targeted, step-by-step way. nothing else is triggered. Yet on the ‘‘We’re not using border security as an I don’t claim to have all the answers, other side of the political spectrum, excuse or a block to the path to citi- but I am introducing today seven Senator SCHUMER—also a member of zenship.’’ bills—actually, six bills, and I am join- that Gang of 8—walked back any com- Mr. SESSIONS. In other words—well, ing Senator GRASSLEY as a coauthor of mitment to fully secure enforcement the words Senator SCHUMER is saying a seventh bill—that would be impor- before citizenship happened. He said: are quite plain. I have a great deal of tant parts of this targeted, step-by-step ‘‘We’re not using border security as an respect for him. I know he wants to ac- approach. Let me briefly mention what excuse or a block to the path to citi- complish something valuable here. But those seven bills are. zenship.’’ it does seem to me he is saying, Well, First of all, the STEM Jobs Act of So there we have it. After the an- if enforcement doesn’t occur, we prom- 2013. This would make up to 55,000 visas nouncement, there is apparent incon- ise there will be a trigger and there available to qualified immigrants sistency about how serious they are will be no amnesty unless enforcement whom we need in this economy—well about ensuring enforcement, and that occurs; but if we get there and enforce- educated, qualified. We have jobs here is the fundamental question. I think ment doesn’t occur, you are still going ready for them, and it would be an that is a very legitimate concern given to get your amnesty. enormous economic boost. They would the past history. Mr. VITTER. That is what it sounds have a doctorate degree in the field of We have proposed a different path like to me. It sounds to me as though science, engineering, technology, or forward with a targeted, step-by-step the trigger is meaningless. The am- math from a U.S. doctoral institution approach to prove to ourselves and the nesty and even full citizenship—to me, and would have taken all doctoral American people that we are serious amnesty is any legal status, but they courses in the STEM field while in the about these enforcement and related are actually talking about a path to United States. We train, we educate

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.018 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S672 CONGRESSIONAL RECORD — SENATE February 13, 2013 those superqualified folks all the time automatically becomes a U.S. citizen. The Senator from Maine. and then, all too often, we send them Virtually no other country in the Ms. COLLINS. Mr. President, I am back to their native countries and world has this rule. This reform would delighted to rise in strong support of don’t allow them to remain here to get simply amend U.S. law to have the the confirmation of William Kayatta of on a pathway to citizenship and to con- same basic rule as virtually every Maine to serve on the U.S. Court of Ap- tribute, as they would, to our economy. other country in the world I am aware peals for the First Circuit. A child tax credit law. This would of. A person doesn’t automatically be- Mr. Kayatta was originally nomi- amend the IRS Code to simply put in come a citizen just because they are nated to this position more than 1 year place significant identification require- physically born here; at least one par- ago. He was approved by the Judiciary ments for the child tax credit to re- ent has to have that legal status. Committee on a bipartisan vote last quire taxpayers to provide that valid Finally, US-VISIT reform, finally, April. Unfortunately, despite his excep- ID, to cut out what is admitted to be after decades of promises, after decades tional qualifications, his nomination rampant fraud in the system. The IRS of broken promises, to require that the was stalled by election-year politics. itself and its inspector general office US-VISIT system—the biometric bor- That is finally behind us, and I am have said there is at least $1.3 billion of der check-in/check-out system first re- pleased the President renominated Mr. fraud a year in the child tax credit. quired in 1996 that is well past its im- Kayatta in January. These checks from the taxpayer, actual plementation date of 2005—be finished, I wish to thank the chairman of the checks going out to illegal recipients be done, be fully in place before any of Judiciary Committee, my colleague who do not qualify under the law, in these other triggered aspects of so- from Vermont Senator LEAHY; the some cases, dozens, allegedly, at a sin- called comprehensive reform happen. ranking member Senator GRASSLEY; gle address, a single family, are clearly On that reform, I am proud to be joined and, indeed, all the members of the Senate Judiciary Committee for acting fraud. We must meet some basic re- by Senator SESSIONS and Senator LEE quirements to cut out that fraud. The as coauthors. promptly and positively in favor of Mr. IRS itself, under this administration, Again, I am introducing these six Kayatta’s renomination. Let me also express my gratitude to has asked for those tools. We should bills today. I am also an original co- the two leaders, Senator REID and Sen- give them those tools under this child sponsor of Senator GRASSLEY’s E- ator MCCONNELL, for moving his nomi- tax credit legislation. Verify bill, a seventh bill. I think this nation so quickly to the Senate floor. Sanctuary cities reform would pro- is a targeted, step-by-step approach Mr. Kayatta is an attorney of excep- which is the right alternative to so- hibit appropriated funds from being tional intelligence, extensive experi- called comprehensive reform, which used in contravention of the Illegal Im- ence, and demonstrated integrity. I migration Reform and Immigrant Re- historically means immediate amnesty cannot tell you how highly regarded he sponsibility Act of 1986. I am joined by married to promises of enforcement is in Maine’s legal circles. In fact, if Senator GRASSLEY and Senator FISCH- that never happen, that never fully ma- you ask virtually any attorney, judge, ER in that legislation. terialize. prosecutor, law professor or anyone in- Too many jurisdictions in the United I urge my colleagues to look hard at volved in the legal profession in Maine, these measures and hopefully support States are self-proclaimed sanctuary they will tell you the President could some or all of them. I urge them even cities. By doing that, they are in con- not have made a better choice than Bill more to go back home and listen to travention of Federal immigration law Kayatta. He graduated magna cum when they say they will not cooperate their constituents, to listen hard at the laude from both Amherst College and in the enforcement of that law in any neighborhood coffee shop and the town- Harvard University Law School, where way. That is unacceptable, and those hall meetings, because I think these he served as a member of the Law Re- cities should not get appropriated sorts of concerns, as Senator SESSIONS view. funds. and I have expressed today, are the After graduating from law school, E-Verify I mentioned is an initiative core concerns, the core questions of a Mr. Kayatta clerked for the chief judge and legislation by Senator GRASSLEY. I great majority of the American people. of the U.S. Court of Appeals for the am proud to join him as a coauthor. I Thank you, Madam President. I sug- First Circuit, Frank Coffin. It is a won- am an original cosponsor of that bill. It gest the absence of a quorum. derful symmetry that he now, assum- would take the present E-Verify sys- The PRESIDING OFFICER. The ing the confirmation goes well this tem and make it mandatory and ex- clerk will call the roll. afternoon, will be joining the court for The assistant legislative clerk pro- pand it so that is our workforce system which he clerked many years ago. of enforcement. E-Verify works. The ceeded to call the roll. In 1980, he joined the prestigious law Ms. COLLINS. I ask unanimous con- problem is it is a pilot. It is not manda- firm of Pierce Atwood in Portland, ME, sent that the order for the quorum call tory and it is not broad enough. We where over the subsequent 32 years Bill need to broaden and make mandatory be rescinded. The PRESIDING OFFICER. Without specialized in complex civil litigation that workable E-Verify system. at both the trial and appellate levels. objection, it is so ordered. The Voter Integrity Protection Act Bill Kayatta has served as chairman of would amend the INA to make voting f both the Maine Professional Ethics in a Federal election by an alien who is EXECUTIVE SESSION Commission, the Maine Board of Bar unlawfully in the United States an ag- Examiners, and as president of the gravated felony, which makes it a de- Maine Bar Association. portable offense. If a person is illegally NOMINATION OF WILLIAM J. In 2002, Mr. Kayatta was inducted participating in our elections, that is a KAYATTA, JR., TO BE UNITED into the American College of Trial serious offense to any democracy. That STATES CIRCUIT JUDGE FOR Lawyers, and in 2010 he was elected by should be a deportable offense. THE FIRST CIRCUIT his peers to the college’s board of re- The Birthright Citizenship Act would The PRESIDING OFFICER (Mr. gents. also amend the law to consider a per- HEINRICH). Under the previous order, Mr. Kayatta has simultaneously son born in the United States ‘‘subject the Senate will proceed to executive maintained a very substantial pro bono to the jurisdiction’’ of the United session and consider the following practice. In the year 2010, he received States for citizenship only if the person nomination, which the clerk will re- the Maine Bar Foundation’s Howard H. is born through at least one parent who port. Dana Award for career-long pro bono is a U.S. citizen or national or a lawful The bill clerk read the nomination of service on behalf of low-income permanent resident alien in the United William J. Kayatta, Jr., of Maine, to be Mainers. States or an alien performing active United States Circuit Judge for the In 2011, the U.S. Supreme Court ap- service in the U.S. Armed Forces. First Circuit. pointed him as a special master in Kan- Right now it is, in my opinion, an acci- The PRESIDING OFFICER. Under sas v. Nebraska and Colorado, an origi- dent of history and a mistake that any the previous order, there will be 30 nal water rights case. That too is an child physically born here, even of two minutes of debate equally divided and indication of the Court’s confidence in parents here illegally and improperly, controlled in the usual form. Mr. Kayatta’s legal abilities.

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.019 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S673 Finally, Mr. Kayatta has earned the their track record and their pattern such tactics are bad for the Senate, American Bar Association’s highest over the last 4 years. Senate Repub- they are also bad for our Nation’s over- rating: ‘‘unanimously well-qualified,’’ licans used to insist that the filibus- burdened courts. Persistent vacancies reflecting the ABA’s assessment of his tering of judicial nominations was un- force fewer judges to take on growing credentials, experience, and tempera- constitutional. The Constitution has caseloads, and make it harder for ment. not changed, but as soon as President Americans to have access to justice. Mr. Kayatta’s impressive background Obama was elected they reversed While they have delayed and ob- makes him eminently qualified for a course and filibustered President structed, the number of judicial vacan- seat on the First Circuit. His 30-plus Obama’s very first judicial nomination. cies has remained historically high and years of real-world litigation experi- Judge David Hamilton of Indiana was a it has become more difficult for our ence would bring a valuable perspec- widely-respected 15-year veteran of the courts to provide speedy, quality jus- tive to the court. Federal bench nominated to the Sev- tice for the American people. There are The First Circuit has only six au- enth Circuit and was supported by Sen- today 90 judicial vacancies across the thorized judgeships, the fewest of any ator Dick Lugar, the longest-serving country. By way of contrast, that is circuit. It acutely feels any vacancy Republican in the Senate. They de- more than double the number of vacan- that arises. The First Circuit has not layed his confirmation for 7 months. cies that existed at this point in the been at full strength since January 1, Senate Republicans then proceeded to Bush administration. The 173 circuit 2012, when Judge Kermit Lipez took ac- obstruct and delay just about every and district judges that we have been tive senior status. Now the circuit’s circuit court nominee of this Presi- able to confirm over the last 4 years caseload must be distributed among dent, filibustering 10 of them. They de- fall more than 30 short of the total for just five judges who continue to do layed confirmation of Judge Albert President Bush’s first term. their best to provide the timely and Diaz of North Carolina to the Fourth Over the last 4 years, Senate Repub- licans have chosen to depart dramati- measured justice for which the First Circuit for 11 months. They delayed cally from Senate traditions in their Circuit has long been known. confirmation of Judge Jane Stranch of The State of Maine is very proud of Tennessee to the Sixth Circuit for 10 efforts to delay and obstruct President Obama’s judicial nominations. Until its history of providing superb jurists months. They delayed confirmation of 2009, Senators who filibustered circuit to the Federal bench. I am confident Judge Ray Lohier of New York to the court nominees generally had reasons William Kayatta will continue in that Second Circuit for 7 months. They de- to do so, and were willing to explain fine tradition, and I urge my colleagues layed confirmation of Judge Scott Matheson of Utah to the Tenth Circuit those reasons. When Senate Democrats to join me in voting for his confirma- filibustered President Bush’s con- and Judge James Wynn, Jr. of North tion, a vote that is long overdue but troversial circuit court nominees, it Carolina to the Fourth Circuit for 6 has finally arrived. was over substantive concerns about months. They delayed confirmation of Again, I wish to thank the chairman the nominees’ records and Republicans’ Judge Andre Davis of Maryland to the of the Judiciary Committee, the rank- disregard for the rights of Democratic Fourth Circuit, Judge Henry Floyd of ing member, and the two leaders, Sen- Senators. On the other hand, Senate ator REID and Senator MCCONNELL, for South Carolina to the Fourth Circuit, Republicans have filibustered and de- moving this important nomination to Judge Stephanie Thacker of West Vir- layed nearly all of President Obama’s the Senate floor. ginia to the Fourth Circuit, and Judge circuit court nominees even when The PRESIDING OFFICER. The Sen- Jacqueline Nguyen of California to the those nominees have the support of ator from Vermont. Ninth Circuit for 5 months. They de- their Republican home State Senators. Mr. LEAHY. Mr. President, I thank layed confirmation of Judge Adalberto At the end of each calendar year, the senior Senator from Maine for her Jordan of Florida to the Eleventh Cir- Senate Republicans now deliberately kind words, and I would note both for cuit, Judge Beverly Martin of Georgia refuse to vote on several judicial nomi- William Kayatta and for the people of to the Eleventh Circuit, Judge Mary nees who could and should be con- Maine she has fought long and hard for Murguia of Arizona to the Ninth Cir- firmed in order to consume additional this nomination. She did last year and cuit, Judge Bernice Donald of Ten- time the following year confirming she has this year. I am glad we are nessee to the Sixth Circuit, Judge Bar- these nominees. At the end of 2009, going to be finally voting on it because bara Keenan of Virginia to the Fourth they left 10 nominations on the Execu- every time I would meet her anywhere Circuit, Judge Thomas Vanaskie of tive Calendar without a vote. Two of in the halls or anywhere else it would Pennsylvania to the Third Circuit, those nominations were returned to be: What about Kayatta? She knows he, Judge Joseph Greenaway of New Jersey the President, and it subsequently took of course, had my strong support, as to the Third Circuit, Judge Denny Chin 9 months for the Senate to take action did another New Englander, former of New York to the Second Circuit, and on the other eight. This resulted in the Justice and now judge, David Souter. I Judge Chris Droney of Connecticut to lowest 1-year confirmation total in at am sorry it has taken so long. the Second Circuit for 4 months. They least 35 years. For the next 2 years, I look at a nominee like this, where delayed confirmation of Judge Paul Senate Republicans left 19 nominations the senior Senator from Maine, Ms. Watford of California to the Ninth Cir- on the Senate executive calendar at COLLINS, her former colleague, Senator cuit, Judge Andrew Hurwitz of Arizona the end of each year. It then took near- Snowe, and now her current colleague, to the Ninth Circuit, Judge Morgan ly half the following year for the Sen- Senator KING, have all supported this Christen of Alaska to the Ninth Cir- ate to confirm these nominees. Last person from Maine. In the past, espe- cuit, Judge Stephen Higginson of Lou- year they insisted on leaving 11 judi- cially with somebody extraordinarily isiana to the Fifth Circuit, Judge Ge- cial nominees without action and an- well qualified, as he is, a nomination rard Lynch of New York to the Second other four have had hearings but they like that would be out of the com- Circuit, Judge Susan Carney of Con- refused to expedite their consideration. mittee and off the floor within a week. necticut to the Second Circuit, and William Kayatta is one of those judi- We have to go back to those times. Judge Kathleen O’Malley of Ohio to the cial nominees who should have been If we have a contentious nominee, if Federal Circuit for 3 months. confirmed last year. we have somebody who needs to be de- The nonpartisan Congressional Re- Until 2009, when a judicial nominee bated, let’s debate them. But when we search Service has reported that the had been reported by the Judiciary have a person strongly supported by median time circuit nominees have had Committee with bipartisan support, their home State Senators and who has to wait before a Senate vote has sky- they were generally confirmed quickly. the advantage of being highly qualified rocketed from 18 days for President Until 2009, we observed regular order, by anybody’s standards—Republican, Bush’s nominees to 132 days for Presi- usually confirmed nominees promptly, Democrat, or anybody else—then they dent Obama’s. This is the result of Re- and we cleared the Senate Executive ought to get a vote. publican obstruction. Calendar before long recesses. Until It makes no sense for Senate Repub- This obstruction is also why a dam- 2009, if a nominee was filibustered, it licans to have stalled nominations like agingly high level of judicial vacancies was almost always because of a sub- that of William Kayatta, but this is has persisted for over 4 years. While stantive issue with the nominee’s

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.026 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S674 CONGRESSIONAL RECORD — SENATE February 13, 2013 record. We know what has happened I commend President Obama for career in private practice in the Port- since 2009. The median district nomina- nominating such a diverse group of land, ME, law firm Pierce Atwood LLP, tion is stalled 4.3 times as long as it qualified judges. In his first 4 years, where he is currently a partner. Over took to confirm them during the Bush President Obama has appointed as his career, he has personally argued administration, and the median circuit many women judges as President Bush over three dozen appeals, including two court nomination is stalled 7.3 times as did during his entire 8 years in office. before the United States Supreme long as it took to confirm them during In just 4 years, President Obama has Court. He graduated magna cum laude the Bush administration. Nor has any also nominated more African Ameri- from Harvard Law School, where he other President’s judicial nominees had cans, more Asian Americans, and more served on the Harvard Law Review. to wait an average of over 100 days for openly gay Americans than his prede- Upon graduation, he clerked for Chief a Senate vote after being reported by cessor did in 8 years. Americans can be Judge Frank Coffin on the U.S. Court the Judiciary Committee. proud of President Obama’s efforts to of Appeals for the First Circuit, the Senate Republicans have also forced increase diversity in the Federal judi- court to which he is nominated. the majority leader to file cloture on 30 ciary and to ensure that it better re- William Kayatta has held a promi- nominees, which is already more than flects all Americans. nent leadership role in numerous pro- 50 percent more nominees than had clo- I hope that this year and over the fessional organizations, including serv- ture filed during President Bush’s 8 coming 4 years, Senate Republicans ing as the lead investigator for the years in office. Almost all of these 30 will end their misguided and harmful American Bar Association Standing nominations were noncontroversial and obstruction and work with us in a bi- Committee of the Federal Judiciary were ultimately confirmed overwhelm- partisan manner to do what is right for during its review of Justice Kagan’s ingly. Barely 80 percent of President the country. President Obama has nomination to the Supreme Court. He Obama’s judicial nominees were con- nominated qualified, mainstream law- was also appointed by the U.S. Su- firmed during his first 4 years com- yers, and the Senate should consider preme Court to serve as Special Master pared to almost 90 percent of President them in regular order, without unnec- in an interstate dispute, where he was George W. Bush’s first term nominees. essary delays. That is what we had charged with managing proceedings While this is not even close to a full done for as long as I have served in the and submitting a report and rec- account of the precedents broken in Senate, whether the nominations came ommendation to the Court. The ABA’s the last 4 years, the record is clear: from a Democratic or a Republican Standing Committee on the Federal Senate Republicans have engaged in an president. We should work together to Judiciary unanimously rated Mr. unprecedented effort to obstruct Presi- restore and uphold the best traditions Kayatta well qualified to serve on the dent Obama’s judicial nominations. of the Senate. First Circuit, its highest possible rat- Pretending it has not taken place is an Last Thursday, the Senate Judiciary ing. insult to the American people. The Committee reported three judicial While it is good that William American people know better. Chief nominees, William Kayatta, Robert Kayatta will finally receive a vote Justice Roberts, in his year-end Report Bacharach, and Richard Taranto. They today, it is also well past time for the on the Federal Judiciary in 2010 point- are all superbly qualified, consensus Senate to vote on Robert Bacharach ed to the ‘‘[P]ersistent problem [that] nominees. All have received the high- and Richard Taranto. Perpetuating these vacancies on the Tenth and Fed- has developed in the process of filling est possible rating of unanimously well eral Circuits, and preventing Judge judicial vacancies . . . This has created qualified from the ABA’s Standing Bacharach and Mr. Taranto from get- acute difficulties for some judicial dis- Committee on the Federal Judiciary, ting to work on behalf of the American tricts. Sitting judges in those districts and with last Thursday’s Judiciary people, does not benefit anyone. The have been burdened with extraordinary Committee votes, all have twice now Judiciary Committee has again done caseloads . . . There remains, however, received overwhelming, bipartisan sup- its work to vet, consider, and vote on an urgent need for the political port from members of the Judiciary these nominations. It is time that the branches to find a long-term solution Committee from both sides of the aisle. other two circuit nominees who were to this recurring problem.’’ Despite bi- All have something else in common renominated and considered again by partisan calls to address the judicial too: Their nominations were stalled be- the Judiciary Committee and again re- vacancy crisis, Senate Republicans fore the Senate for at least 7 months ported to the Senate, be given an up- have continued their obstruction of ju- last year without a vote. That is why or-down vote. dicial confirmations. they each had to be re-nominated by The Senate could confirm all three Today, the Senate is finally being al- the President this year. nominees this week. In June 2005, the lowed to vote on one of the nominees This is sadly typical of how Senate Senate confirmed four circuit court held over from last year. Judicial va- Republicans have treated President nominees of a Republican President in cancies right now stand at 90. And I Obama’s consensus judicial nominees. just 2 days, including highly controver- mention that because during President Even nominees who are supported by sial nominees such as Janice Rogers Bush’s entire second term—the 4 years Republican home state Senators and by Brown to the D.C. Circuit and William from 2004 through 2008—the vacancies all the Republican members of the Ju- Pryor to the Eleventh Circuit. In July never exceeded 60. I worked very hard diciary Committee are stalled for 2006, the Senate confirmed Bobby Shep- to keep the vacancies down, but since months for no good reason. They are herd to the Eighth Circuit, Neil President Obama’s first full month in delaying votes on all nominees, includ- Gorsuch and Jerome Holmes of the office, as far as we can see, there have ing nominees they support. This is un- Tenth Circuit within 1 week. There is never been fewer than 60 vacancies, and precedented. ample recent precedent for confirming for much of that time many, many For example, Senator COBURN said Judge Bacharach and Richard Taranto more. This is a prescription for over- that ‘‘[Judge Bacharach] has no opposi- without further delay. Neither is con- burdened courts and a Federal justice tion in the Senate. . . . There’s no rea- troversial. system that does not serve the inter- son why he shouldn’t be confirmed.’’ William Kayatta is strongly sup- ests of the American people. It means That was before Senator COBURN joined ported by both of Maine’s Senators, Re- people who come to our courts looking a filibuster against voting on his nomi- publican Senator SUSAN COLLINS and for impartial justice can’t get it be- nation last year. Last year’s filibuster Independent Senator ANGUS KING. cause there are no judges. of the Bacharach nomination was the When George W. Bush was President, This is hurting the integrity of the first time in the history of the Senate Senate Democrats worked quickly to judicial system. I hear this from judges that a circuit nominee reported with hold votes on consensus circuit nomi- nominated by Republican Presidents bipartisan support had been success- nees. According to the nonpartisan and those nominated by Democratic fully filibustered. When I say unprece- Congressional Research Service, half of Presidents. They say these delays po- dented, I mean unprecedented. President Bush’s circuit nominees re- liticize the courts and destroy the im- I am glad that William Kayatta is fi- ceived a confirmation vote within just partiality the Federal courts have to nally getting a vote. The nominee 18 days of being reported by the Judici- have. spent the entirety of his 32-year legal ary Committee. Not a single one of

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.033 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S675 President Obama’s circuit nominees Flake Klobuchar Reid that fought and won World War II and has received a vote so quickly. In fact, Franken Landrieu Roberts then came home and made America the Gillibrand Lautenberg Rockefeller the median wait time for President Graham Leahy Sanders world’s greatest superpower. Among Obama’s circuit nominees is more than Grassley Lee Schatz the greatest in that generation was seven times that for President Bush’s Hagan Levin Schumer Chuck Yeager. Harkin Manchin circuit nominees. Shaheen Today is Chuck’s 90th birthday, and I Hatch McCain Stabenow Heinrich McCaskill invite the entire Senate to join me in This continued obstruction is one of Tester Heitkamp Menendez the reasons we remain so far behind Thune congratulating him. I am so proud of Heller Merkley this man. Not only is he a native son of the pace set during President Bush’s Hirono Mikulski Toomey time in office. By February of Presi- Hoeven Moran Udall (CO) West Virginia but he is also a dear dent Bush’s fifth year, the Senate had Isakson Murkowski Udall (NM) friend of mine. Chuck lives in Cali- Warner confirmed 205 of his circuit and district Johanns Murphy fornia now, with his wife Victoria, but Johnson (SD) Murray Warren nominees, and judicial vacancies stood Johnson (WI) Nelson Whitehouse he still comes to West Virginia to hunt at 40. In contrast, just 173 of President Kaine Portman Wicker with me and roam the hills where he Obama’s circuit and district nominees King Pryor Wyden grew up. have been confirmed, and the vacancy Kirk Reed He also visits the State from time to rate has risen again to 90, or more than NAYS—12 time to promote the foundation which 10 percent of the Federal bench. Judi- Blunt McConnell Scott bears his name, and which supports a cial vacancies are nearly back at his- Boozman Paul Sessions scholarship program at Marshall Uni- Coburn Risch Shelby versity. torically high levels. Inhofe Rubio Vitter Perpetuating these vacancies on the When I was Governor, Chuck and Vic- The nomination was confirmed. Tenth and Federal Circuits, and pre- toria would sometimes visit Gayle and The PRESIDING OFFICER. Under venting Judge Bacharach and Richard me at the Governor’s Mansion. Some of the previous order, the motion to re- Taranto from getting to work on behalf you know I am a pilot, and during one consider is considered made and laid of the American people, does not ben- of his visits to West Virginia I got him upon the table. The President will be efit anyone. The Judiciary Committee to join me on a flight. We were trying immediately notified of the Senate’s has again done its work to vet, con- out a new airplane for the State. It was action. sider, and vote on these nominations. a real honor, but it was a little bit It is time for the Senate to act to con- f daunting, if you will, that I am flying firm them. LEGISLATIVE SESSION left seat and Chuck is right behind me, evaluating the entire flight. Looking I will speak more on nominations as The PRESIDING OFFICER. The Sen- over my shoulder, having the greatest we go along, but I do want to congratu- ate will resume legislative session. late not only the senior Senator from The Senator from Washington. pilot who ever lived sitting there, was something I will never forget. Maine but also Senator KING and the f people of Maine, and the people of the Some of the story of Chuck’s life you First Circuit. The circuit needs to have MORNING BUSINESS probably know and some of it you may its vacancies filled, and I am glad we Mrs. MURRAY. Mr. President, I ask not. Chuck grew up in the small town have such a good person. unanimous consent the Senate proceed of Hamlin. That is in Lincoln County, Mr. President, I yield the floor, and I to a period of morning business with WV, so deep in an Appalachian holler suggest the absence of a quorum. Senators permitted to speak for up to that folks there used to say you had to The PRESIDING OFFICER. The 10 minutes each. pump in the sunshine. His father Al- clerk will call the roll. The PRESIDING OFFICER. Without bert Hal worked as a driller in the gas- The bill clerk proceeded to call the objection, it is so ordered. fields. His mother Susie Mae took care roll. Mrs. MURRAY. I suggest the absence of Chuck, his two brothers, and two sis- Mr. LEAHY. Mr. President, I ask of a quorum. ters. unanimous consent that the order for The PRESIDING OFFICER. The Chuck and his father went hunting the quorum call be rescinded. clerk will call the roll. and fishing together. Chuck also The PRESIDING OFFICER. Without The bill clerk proceeded to call the worked with his father in the oilfields. objection, it is so ordered. roll. He was fascinated by the drilling equip- Mr. LEAHY. Mr. President, I yield Mr. MANCHIN. Mr. President, I ask ment. He liked cars—real fast cars. He back all time on both sides. unanimous consent the order for the especially liked his old man’s Chevy The PRESIDING OFFICER. Hearing quorum call be rescinded. truck. He not only drove it, he studied no objection, it is so ordered. The PRESIDING OFFICER. Without all of its mechanical details. He could All time having been yielded back, objection, it is so ordered. basically take it apart and rebuild it. Looking back, it is not surprising the question is, Will the Senate advise f that in the middle of World War II, a and consent to the nomination of Wil- TRIBUTE TO GENERAL CHUCK patriotic kid from West Virginia who liam J. Kayatta, Jr., of Maine, to be YEAGER was good with rifles, mechanical equip- U.S. circuit judge for the First Circuit? Mr. MANCHIN. Mr. President, few ment, and fast cars enlisted in the U.S. Mr. LEAHY. I ask for the yeas and Americans have helped this great coun- Air Force as an airplane mechanic—his nays. try reach for the stars more than Gen. first step toward becoming the single The PRESIDING OFFICER. Is there a Chuck Yeager. Long before there were greatest pilot who has ever lived. sufficient second? There appears to be astronauts there was Chuck Yeager, a A new ‘‘flying sergeants’’ program a sufficient second. The clerk will call fearless test pilot, a true aviation pio- eventually gave him his first chance to the roll. neer paving the way for America’s ex- fly. Up until that time it was officers The bill clerk called the roll. ploration of the galaxy. But Chuck only. His first couple training flights The result was announced—yeas 88, Yeager’s military career involved so didn’t go so well. Some people might nays 12, as follows: much more than just testing cutting- not know this, but he had to overcome [Rollcall Vote No. 20 Ex.] edge aircraft and, as almost everyone airsickness. Can you believe that YEAS—88 knows, becoming the first man to fly Chuck Yeager got airsick? Before long Alexander Burr Corker faster than the speed of sound. Few he found a new home in the sky in the Ayotte Cantwell Cornyn Americans have been as unwavering or cockpit of an airplane. Baldwin Cardin Cowan Barrasso Carper Crapo as relentless as Chuck Yeager in de- During World War II, Chuck flew nu- Baucus Casey Cruz fense of this great country, in war and merous combat missions over Europe Begich Chambliss Donnelly in peace, from World War II to Viet- and shot down 13 enemy aircraft—5 in 1 Bennet Coats Durbin nam. mission. He was shot down over Ger- Blumenthal Cochran Enzi Boxer Collins Feinstein He was part of the ‘‘greatest genera- man-occupied France in 1944 but es- Brown Coons Fischer tion’’ of Americans, the generation caped capture to fly another day. But

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.034 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S676 CONGRESSIONAL RECORD — SENATE February 13, 2013 before he could do that, he had to Tom Wolfe believed Chuck Yeager to known today as Kansas State Univer- argue his case against being sent home be the ‘‘most righteous of all posses- sity, received a land grant charter and under a no more combat rule. The rule sors of the right stuff.’’ Wolfe himself became the first operational land grant was basically if a pilot was shot down, struggled to explain what he meant by institution in the United States. Over they could not let them go back, be- ‘‘the right stuff.’’ His best explanation the past 150 years, Kansas State Uni- cause if they were captured, they could was that ‘‘the right stuff’’ is that rare, versity has progressed and expanded to basically tell who the people who saved almost indefinable mix of bravery, her- accommodate the students and the peo- them were. He pushed his way all the oism, hard work, and focus that some- ple living in the State of Kansas—the way up the chain of command to Su- one brings to ‘‘a cause that means people it has served so well. preme Allied Commander General something to a people, a nation, to hu- Today, Kansas State University is Dwight D. Eisenhower. Ike ultimately manity, to God.’’ That describes Gen. comprised of nine academic colleges granted Chuck’s request to stay with Chuck Yeager as well as anything else ranging from liberal arts to veterinary his men. I know. medicine. The university expanded its After the war, Chuck became a test He is a man of extraordinary skill campus in Manhattan to include an pilot. On October 14, 1947, he did what and legendary courage. He has an un- aviation and technology school in Sa- no man had done before—he broke the paralleled sense of duty and service to lina and an innovation campus in sound barrier in the experimental X–1 his country. He risked his life over and Olathe, KS. Also, Kansas State Univer- plane named the ‘‘Glamorous Glennis,’’ over. He is a great West Virginian. He sity Research and Extension has a after his late wife. His fabled flight is a great American. On his 90th birth- presence in every county in Kansas— ushered in a new era of aviation that day he is still, without a doubt, a man all 105. These offices are a source of prepared America for its greatest leap with ‘‘the right stuff.’’ vital information to every farmer and into space and so began the legend of I wish my dear friend the happiest of rancher in our State. We are staying Chuck Yeager. birthdays, and I urge every Senator to true to our land grant roots. Tom Wolfe wrote in ‘‘The Right join me in saluting Gen. Chuck Yeager Back in 1863, Kansas State Univer- Stuff’’—a movie most of us have seen. for his long and courageous service to sity’s first enrollment totaled a mere If you haven’t seen it, I suggest you do. this great country. 14 students. This school year Kansas Tom Wolfe wrote: Thank you, General Yeager. State University reached a record en- There were . . . other pilots with enough I note the absence of a quorum. rollment of more than 24,000 students. Pilot Ego to believe that they were actually The PRESIDING OFFICER. The These students hail from all 50 States better than this drawlin’ hot dog. clerk will call the roll. and over 90 countries. Out of this di- Chuck had a way with words, if you The legislative clerk proceeded to verse population, the university has ever have a chance to speak with him. call the roll. produced industry leaders, heads of The PRESIDING OFFICER (Mr. But no one could contest the fact that as of States, humanitarians, generals, gifted KING). The Senator from Kansas. that time, the 1950s, Chuck Yeager was at scientists, and a few public servants. Mr. ROBERTS. Mr. President, I ask the top of the pyramid, number one among Kansas State University has received unanimous consent that the order for all the True Brothers. national recognition for the excep- Throughout his long military career, the quorum call be rescinded. The PRESIDING OFFICER. Without tional education it provides students General Yeager flew more than 10,000 year after year. Kansas State con- hours in more than 330 models of air- objection, it is so ordered. Mr. ROBERTS. Mr. President, I rise tinues to have college programs ranked craft. In 1966, he flew 127 missions in to speak in morning business for such the best in the Nation. The university South Vietnam. He received numerous time as I may consume. has been recognized as a leader among awards, including the Distinguished The PRESIDING OFFICER. Without public universities in total number of Service Medal, the Silver Star, the objection, it is so ordered. Rhodes, Truman, Marshall, Udall, and Bronze Star, the Purple Heart, the Goldwater Scholars. Presidential Medal of Freedom, and the f I cannot talk about my alma mater special peacetime Medal of Honor. He 150TH ANNIVERSARY OF KANSAS without mentioning Kansas State Uni- was the youngest military pilot to be STATE UNIVERSITY versity’s athletic program, especially inducted into the Aviation Hall of Mr. ROBERTS. Mr. President, I rise over the recent years. Since its first Fame in 1973. to commemorate—along with my dis- football game way back in 1883, dedi- Chuck officially retired from the Air tinguished friend and colleague Sen- cated fans have been coming to the Force in 1975 but maintained his status ator JERRY MORAN—the 150th anniver- sports arenas to support our athletes as a test pilot for another three dec- sary of Kansas State University—home and our team. This intercollegiate ath- ades, occasionally flying for the Air of the ever-optimistic Wildcats. letic program has complemented the Force and NASA as a consultant. Since its beginning—even before Kan- education provided by the university In 1997, on the 50th anniversary of his sas joined the union as a free State—all and has been a great source of purple historic flight breaking the sound bar- the way up to today, Kansas State Uni- pride for both alumni and Kansas. rier, he again flew past Mach One in an versity continues to provide a first- As Kansas State University looks to- F–15D Eagle named the ‘‘Glamorous rate education for thousands and thou- ward the future, it sets new goals for Glennis III.’’ It was his last official sands of students. the institution and for its students. flight with the Air Force. Of course, To quote the K-State alma mater Launched by president Kirk Schulz in nothing stops Chuck Yeager. So last lyrics: ‘‘I know a spot that I love full 2010, K-State 2025, the university’s stra- October on the 65th anniversary of well.’’ I—along with more than 200,000 tegic plan, strives to make Kansas breaking the sound barrier, he did it alumni—am proud to call Kansas State State University a top 50 public re- again, in another aircraft, at the age of University my alma mater, as did my search institution within 15 years. 89. father and also my son. Thanks to the work that has been done Whenever he is asked about all his The year was back in 1858, when Kan- throughout the past 150 years and the exploits, Chuck says he was just ‘‘doing sas was only a territory—not even a research that continues, I have no his job,’’ and that all he is he ‘‘owes to State—that a group of local settlers doubt Kansas State University is on the Air Force.’’ He has never ever founded Bluemont Central College. track to achieve this very important wavered from that. Then, in 1863, only 2 years into state- goal. In his autobiography, he wrote: hood, the State legislature and Gov- Throughout this week and weekend, My beginnings back in West Virginia tell ernor became some of the first to ac- students, staff, alumni, and friends of who I am to this day. My accomplishments cept the terms and conditions of the the university will gather in Manhat- as a pilot tell more about luck, happen- stance, and a person’s destiny. But the guy Morrill Act, thus creating the land tan, KS—the ‘‘little apple’’—to cele- who broke the sound barrier was the kid who grant system of colleges and univer- brate the history of Kansas State Uni- swam the Mud River with a swiped water- sities. versity. melon, or shot the head off a squirrel before On February 16, 1863, the Kansas On behalf of the Senate, it is my school. State Agriculture College, formally honor to congratulate Kansas State

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.039 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S677 University on its accomplishments That is something I think K State football field with team after team, al- over the past 150 years. As the alma exhibits so well and causes Kansas to ways stresses family and togetherness mater song says, it is truly ‘‘a spot be so proud of the Wildcat tradition, and the proper role of athletics in edu- that I love full well.’’ Every man a which is a sense of family; that we are cation. Wildcat. in it together and people are friends. It My son David went to K State, and I yield to my distinguished friend and is a very comfortable and enjoyable he fell in love with K State. He didn’t colleague, Senator MORAN. learning environment for students, and have much of a choice as far as I was Mr. MORAN. Mr. President, I thank we have seen it in our family. concerned, but he did really enjoy him- the Senator from Kansas. Our youngest daughter followed her self at K State. Basically, I am struck There is no K State alumni, no indi- older sister to Kansas State University by the fact that many of his friends vidual from our home State who bleeds and is now a beginning student at the who are graduates—when that day the color purple more fervently than College of Veterinary Medicine. An- comes when you graduate or when you the senior Senator from Kansas. It is other area in which Kansas State Uni- leave K State, those generations really an honor to join him here today to rec- versity is highly regarded is the study stick together, and they are friends for ognize the significant accomplishments of animal science. K State in Manhat- life. It is in that vein that I think the on the 150th anniversary of the first tan, KS, is the western border of the Senator’s remarks are certainly right land grant university college in the Na- animal science corridor, the eastern on target. tion. border being that place that all Kan- Mr. MORAN. If the Senator would Senator ROBERTS comes to the Kan- sans, regardless of alma mater, de- yield. sas State University through his fam- spise—the University of Missouri. So Mr. ROBERTS. I would be happy to ily—his father as well as his son. from west to east, the animal science yield. I have become acquainted with Kan- corridor is bounded by the research sci- sas State University as a citizen of our Mr. MORAN. Mr. President, Senator entists and educators and the schools ROBERTS raises something that I wish State in which we see each and every that increase the likelihood that Amer- day the benefits that accrue to the citi- to make clear, which is that Kansas icans are going to have nutrition, be State University has been so kind and zens of our State because of the aca- well fed, and have a safe and abundant demic research, the education, the ex- so beneficial to our two daughters. food supply. While they found it to be home and tension of education across our State It is an honor to be here to pay trib- like family, they have excelled and that benefits each and every citizen. So ute to the many leaders at Kansas learned, advanced their lives both per- it is with great pleasure that we honor State University, those who have come sonally and professionally in ways that the accomplishments today of this uni- before and those who will follow Presi- are so important to us as parents. We versity. It has had tremendous leader- dent Wefald and President Schulz to have nothing but commendation to ship. make sure Kansas State University re- offer to Kansas State University for In my early days in Congress, Presi- mains that place of higher education the kindness and opportunities they dent Wefald in many ways created a and learning in our State but also to have created for our own daughters as great opportunity for Kansas State make certain Kansas State University they pursue their goals in life. University to excel, to become some- in Manhattan, KS, is always that place thing different than it had been, to called home where students from So it is a very personal opportunity move forward into the future. Now, across our State and around the globe for me to express this gratitude to under the leadership of president Kirk feel as though they have found family Kansas State University for making it Schulz, his leadership only accelerates and a place to learn to improve their so good for the things a mom and dad the opportunity for Kansas State Uni- lives and to make certain they con- care so much about. For our two versity to provide new and beneficial tribute to the betterment of our world. daughters Kelsey and Alex, K State is services, education, and benefits to the It is an honor to be here with one of an important component of their lives, people of our State, to our country, the most distinguished alumni of Kan- and we are so appreciative of the role and to students around the globe. sas State University, my colleague and that university has played in educating Kansas State University is known for friend Senator ROBERTS, to wish Kan- our children. its agricultural background, for its sas State University many more years I yield back to the Senator from Kan- support for that significant industry in of success in providing education to sas. our State—farmers and ranchers look our students and moving our State for- f to Kansas State University for edu- ward in ways that will benefit not only cation and for technical support, and this generation but those that follow 150TH ANNIVERSARY OF EMPORIA we know of their importance in that us. STATE UNIVERSITY No. 1 industry in our State—but, as So congratulations, Kansas State Mr. ROBERTS. Mr. President, we Senator ROBERTS said, engineering and University, and happy 150th birthday. aerospace; now a campus at Salina, KS, Mr. President, I yield back to the have a double privilege here today in dealing with aviation and avionics, Senator from Kansas. that we obviously are celebrating Kan- with UAVs moving into the future; a Mr. ROBERTS. Mr. President, I sas State University being 150, rep- campus in Johnson County, the sub- thank my dear friend and colleague resenting 150 years of outstanding aca- urbs of Kansas City, in which addi- more especially for highlighting what demic service to our people, but also tional research in bioscience is being K State is all about, and that is family. Emporia State University is 150 years accelerated. So in each and every cir- If one chooses to attend Kansas State, old at the same time—a rather remark- cumstance, Kansas State University as many do—many come from small able achievement. I know we would contributes to the economy and well- town America, and many come from like to congratulate Emporia State on being of our State and our country. big cities, but I think they are all its 150th anniversary. As a parent, I know Kansas State struck by the family atmosphere. Emporia State University is in the University. Both our daughters at- The thing I think is rather remark- beautiful Flint Hills of Kansas, and it tended Kansas State University, and able, even in having the privilege of is also very dear to my family. My one remains a student there. I remem- talking to some of K State’s football mother attended Emporia State and ber the first day I wandered with my team and some of the athletes, both studied education. She went on to be- 17-, 18-year-old daughter onto campus basketball and football—all sports at K come a teacher. Emporia State is a for a campus tour, and at the end of State—I am always able to tell the teacher’s university, second to none. the day—I will admit we had visited thousands and thousands of fans from But she, in her day and time, spent a other universities as well, but at the K State who know their history, know lot of time educating Kansas children end of the day Kelsey said: Dad, there where they are coming from, and al- up in Atchison, KS, and was very much is no place more welcoming, no place ways support them regardless of the like the other proud and accomplished more like home, no place where I feel outcome. So K State is a family. alumni from Emporia State. like a part of a family more than Kan- K State’s legendary coach Bill Sny- If a person wants to know about edu- sas State University. der, who has achieved miracles on the cation, all they would have to do—as

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.041 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S678 CONGRESSIONAL RECORD — SENATE February 13, 2013 well as teacher involvement and teach- by U.S. News and World Report, ESU What a great way to make a dif- er progress and some of the very seri- offers students a wide range of aca- ference in the development of lifelong ous challenges we face today in edu- demic programs to choose from and the compassion for others. cation—is stop by Emporia State. They opportunity to participate in more The alumni of Emporia State Univer- have many fine programs and nothing than 130 student organizations. sity now number more than 75,000 from but the best in terms of graduates who Emporia State also remains fully 50 States and 80 countries, and they are do such a great job. committed to its original mission of all proud to be called Emporia State Throughout the past 150 years, Empo- training teachers through a nationally Hornets. Alumni from Emporia State ria State has grown to accommodate acclaimed teacher education program. have gone on to accomplish great the needs of the State and the 6,500 stu- If a person has somebody who made a things. Among the many distinguished dents it currently serves. What was difference in their life, nobody ever alumni are Minnie Grinstead, who was once the Kansas State Teaching Col- says: It was my Senator. It is not mom the first woman elected to the Kansas lege, Emporia State has now expanded and dad. It is a teacher. State Legislature in 1918, and Robert greatly, offering a wide range of aca- Educating teachers is a noble calling. Mott, a World War II veteran who later demic programs. In fact, the Teachers College holds the helped create National Public Radio. In true Kansas fashion, the univer- International Reading Association For the past 150 years, Emporia State sity has faced challenges head-on from Award and Certificate of Distinction has been changing lives. One alumni its earliest days. Adversity is not un- for the Reading Preparation of Elemen- said this about the impact on her life: tary and Secondary Teachers—one of common. In fact, our State motto is I was told by a high school guidance coun- ‘‘to the stars through difficulty.’’ But only five programs honored inter- selor that I would never make it in college. the outstanding faculty and staff have nationally in 2009. In a national study ESU gave me an opportunity to ‘‘try.’’ Not persevered on behalf of their students of teacher education programs, Empo- only did I earn a bachelor’s degree, I earned to provide a quality education, and ria State was named one of only four a masters, and Ph.D. Thank you ESU, you that continues today with teachers postsecondary institutions in the Na- changed my life in a positive way! who also provide a quality education. tion to be identified as an exemplary On this historic anniversary, it is We can’t do any better than that. It is model teacher education program. with great pleasure that I join my col- with great pride as a Kansan and as a I congratulate Emporia State for league from Kansas in submitting a their success in equipping our Nation’s son of an Emporia State graduate that resolution to congratulate the stu- educators. As we know, the work of a I recognize and congratulate Emporia dents, faculty, alumni, and the new teacher impacts the lives of every State University on its 150th anniver- president of Emporia State University American now and in the future. for 150 years of excellence in higher sary. Given Emporia State’s long history I am more than happy to yield to my education. May the next 150 years be and dedication to training teachers, friend and colleague, Senator MORAN. even brighter than the last. the university, as one might expect, The PRESIDING OFFICER (Mr. Mr. President, I suggest the absence now hosts the National Teachers Hall COONS). The Senator from Kansas. of a quorum. Mr. MORAN. Mr. President, I thank of Fame. Each year five of the Nation’s The PRESIDING OFFICER. The the Senator for yielding, and I appre- most outstanding educators are recog- clerk will call the roll. ciate being recognized. nized and honored for the jobs they do. The assistant legislative clerk pro- It is true that our State places a high By recognizing the difference one ceeded to call the roll. priority on education—certainly K–12 teacher can make, the National Teach- Mr. THUNE. Mr. President, I ask but also universities, including public, ers Hall of Fame works to promote unanimous consent that the order for private, community colleges, technical education and inspire a new generation the quorum call be rescinded. colleges, and today we honor one of of teachers. The PRESIDING OFFICER. Without Whether ESU students pursue a ca- those universities in this milestone in objection, it is so ordered. reer in education or another field, its history, Emporia State University, many students who continue their f Emporia, KS, on its 150th anniversary. FISCAL CHALLENGES Benjamin Franklin said, ‘‘Tell me studies will return to ESU for graduate and I forget. Teach me and I may re- work. Among the Kansas Regents uni- Mr. THUNE. Mr. President, I come to member. Involve me and I learn.’’ versities, ESU students earn the high- the floor today to talk about the fiscal Through learning, students’ lives have est percentage of graduate degrees. On challenges facing this country, and been changed for the better for more average, one-third of the degrees particularly the spending problem we than a century at Emporia State Uni- earned annually are graduate degrees. have and how it impacts not only the versity. This is a historic occasion, So whether students leave Emporia economy but also the lives of the their 150th anniversary, and I wish to with an undergraduate or graduate de- American people. recognize the significant impact Empo- gree, they are well prepared in the field Last week, the nonpartisan Congres- ria State has had on our State and on they have chosen. sional Budget Office released the latest Students today are involved in com- our Nation. Budget and Economic Outlook, which munity service, and Emporia State ex- In 1863 Emporia State was founded as confirmed the threat that long-term emplifies that. Students at Emporia a school for training teachers. Back fiscal imbalances pose to the Nation’s State spend much time giving back to then it was known as Kansas Normal economy. The Congressional Budget the local communities. Students have School, and in its first year the Presi- Office found that the national debt will cared for the elderly, provided food to dent and only teacher, Lyman Kellogg, climb by $10 trillion, to $26 trillion, the hungry, and built homes for the taught 18 students on the second floor over the next 10 years if Federal spend- homeless. They have also spent their of the district schoolhouse. At the uni- ing continues on its current trajectory. free time mentoring young students versity’s first commencement on June Spending on mandatory programs through a program called 28, 1867, President Kellogg presented di- will remain on auto pilot, resulting in YouthFriends. Currently, about 50 Em- plomas to its two graduates, Mary high annual deficits. To kind of put poria State students are involved in Jane Watson and Ellen Plumb. things in perspective, if you go back to In the years that followed, Emporia volunteer work once a weak with chil- 2007 and you look at what the Federal State was faced with many challenges, dren. Government spent, it was about $2.7 One of the teachers at a local ele- including tornadoes, fires, and a lack of trillion annually. If you look at what mentary school said this about that funding, but the university survived the Federal Government spent in fiscal program: and continued each and every year to year 2012, which ended September 30 of It is great for children to have a young last year, it was $3.5 trillion, an in- change the lives of the students. adult role model to look up to. I have two Today 6,500 students from 45 States kids in my class who have YouthFriends, and crease of nearly 30 percent. and 55 countries are enrolled at Empo- they both have benefited greatly. Their atti- Inflation during that same time pe- ria State University. Consistently tudes about school and life have changed for riod was 10.8 percent, meaning that ranked as a tier 1 regional university the better. government grew at almost three times

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.042 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S679 the rate of inflation. Again, I want to we have a spending problem.’’ Well, ob- That is why I was disappointed last emphasize what I think is an impor- viously the White House scrambled night that the President, in his State tant point here, because in the discus- quickly the next day to come out: Yes, of the Union Address, failed to lay out sion we are having about spending and yes, we know we have a spending prob- a plan to address the fiscal challenges debt, there is somehow this assertion lem. our country faces. I hope the President that has been made that this is not a But there is reporting out there that and my colleagues here in the Congress spending problem, that actually this is suggests the President of the United will come to the table and work with more a revenue issue. States has also made this assertion, us to solve these problems, particularly Well, again, if you look at what has that this is not a spending problem. I as we consider ways to address the se- happened just in the past 5 years, do not know how you can examine the quester, the continuing resolution spending has increased nearly 30 per- Federal budget projections and not which follows after that, and the fiscal cent, Federal spending, or at a rate of come to the conclusion that we have a year 2014 budget resolution. almost three times the rate of infla- spending problem. It is driving our na- We cannot simply wait and watch tion. So clearly spending has increased tional debt, a debt that is very harmful these programs crumble under the dramatically just in the last 5 years. to our economy. weight of looming insolvency. We know The trend is projected to continue over You have to look no farther than the Social Security operated at a cash def- the next 10 years and beyond, with Congressional Budget Office report last icit in 2010. The Medicare trustees have spending exceeding its historical aver- week to see that this is a spending told us that Medicare will be insolvent age over that time period, and then problem, not a revenue problem, be- by the year 2024 and the HI trust fund ballooning in the years beyond that. cause that same CBO report said that actually as early as the year 2016. If we Such levels of spending will cause the the revenue—money that is raised by are going to keep the promises we have Federal debt to grow, and according to the Federal Government—is returning made to current retirees and to future the Congressional Budget Office, ‘‘Such to its historical average of 17.9 percent generations of Americans, we have to a large debt would increase the risk of of GDP. That is the way we have meas- make these programs solvent. That a fiscal crisis during which investors ured the amount of revenue coming means we have to reform them in a would lose so much confidence in the into the Treasury as a percentage of way that saves and protects them and government’s ability to manage its our entire economy. You measure that makes sure they are fiscally sustain- budget that the government would be over time, and getting back to the his- able not only for today but for the fu- unable to borrow at affordable rates.’’ torical average, the 40-year average ture as well. Again, why is this important? Well, would be 17.9 percent. I have to say, as I listened to the de- obviously, if the deficits continue to If you look at the year 2015 as a case bate about the issues of spending and continue year after year, adding more in point, the revenues get back to 19.1 debt, there is an argument that is and more to the Federal debt, eventu- percent of GDP, which is a 25-percent made by those on the other side that ally investors are going to lose con- increase in 2 years, significantly ex- this is just because of the two wars, fidence in our government. They are ceeding the historical average. If you and the two wars drove up spending; going to demand a higher return, high- look at the 10-year outlook the CBO you know, they were not paid for and er interest rate when we borrow came up with, they said revenues that is the reason we have this $16.4 money. That obviously has an impact would average 18.9 percent over the trillion debt. Well, obviously the wars all across the economy. Because when next decade, which is almost a full per- have contributed to that. But if you interest rates go up, everything else centage point more than the 40-year look at through 2012, that is about $1.4 that is pegged to it goes up. If you look historical average. trillion. Obviously, I would say, to be at middle-class Americans who are try- The point is this: Revenues are not fair, Republicans have contributed to ing to borrow money, for example, to only at historic levels, will be there by this as well as Democrats. When Re- buy a home or to get a college edu- 2015 and stay there for the next decade, publicans were in charge of the Con- cation or for a small business to make but they will exceed the historic aver- gress, we did not do a good enough job investments in order to create and ex- age for revenues over the next 10 years. of keeping spending under control. pand jobs, the interest rates go up for So clearly, what we are talking about But the fact is even if you count in everyone. Inflation also goes up if the here is not a problem of Washington spending on Iraq and Afghanistan, that Nation’s fiscal challenges are not ad- taxing too little, it is a problem of is about $1.4 trillion. The total debt dressed, meaning that the hard-earned Washington spending too much. now, as I said, is over $16 trillion, dollars are not going to go as far. That I know that truth is hard and that scheduled to go to $26 trillion 10 years is going to put further pressure on math is hard to accept for the people from now. Over the course of the first hard-working middle-class families. who want to grow government, but we 4 years of this President’s term, his The threat of the budget challenges absolutely have to govern in reality. first term in office, the debt has in- facing this country and our economy is What the math shows is that manda- creased almost $6 trillion. So it is hard very real, because of this report that tory spending, which as I said is on to feature any objective analysis of came out last week from the Congres- auto pilot, continues to squeeze the these facts and this data and say it was sional Budget Office. It confirmed we Federal Government and the Federal the wars that somehow caused all of are headed toward Greece if we do not budget to a point where we are going to this. take the steps that are necessary to face a Greece-style fiscal crisis if Washington has been overspending change the direction we are on. Washington continues to punt on the for a long time. It is high time for A lot of that reality, however, unfor- hard decisions that have to be made. those habits to change. If you look at tunately, is lost on lots of people here Mandatory spending comprised the war that is winding down, the cost in Washington, DC. As I said earlier, roughly 60 percent of Federal spending of that, the resources we are putting there has been this debate about in fiscal year 2012. If you look at the into these conflicts, those dollars are whether we do, in fact, have a spending big drivers of mandatory spending, not going to be showing up again as ex- problem. Over the weekend, the Demo- Medicare, Medicaid, and Social Secu- penditures in the next few years. We cratic leader in the House of Rep- rity represented 40 percent of that still have the Congressional Budget Of- resentatives, NANCY PELOSI, repeated total, according to the Congressional fice telling us at the end of the next what has become doctrine to many in Budget Office. Congress and the admin- decade we will have added an addi- the Democratic Party; that is, the idea istration have an opportunity in the tional $10 trillion to the debt. So clear- that the U.S. Government does not coming months to reform these entitle- ly that has certainly been a factor, but have a spending problem. ment programs not only to get this it has not been the main factor. She said, ‘‘It is almost a false argu- country back on a more sustainable fis- There is again no objective analysis ment to say we have a spending prob- cal track but also to save and protect that would suggest spending on the lem.’’ This comes from the top Demo- these programs not only for current re- wars has been the driving reason for crat in the House of Representatives. tirees but for future generations of why we are facing the debt crisis we ‘‘It is almost a false argument to say Americans as well. have today. I would simply say too

VerDate Mar 15 2010 05:29 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.045 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S680 CONGRESSIONAL RECORD — SENATE February 13, 2013 that when you are in a hole, it is advis- you get a certain amount of debt, it be- a number of Republicans are not will- able to quit digging. comes such a drag on your economy ing to enter into an agreement on the Obviously, we continue to look at that it reduces economic growth. So we Hagel nomination. ways to add more and more spending have seen this anemic, sluggish eco- and, therefore, more and more debt. nomic growth which is going to be con- f The health care bill is not something tinued now for the foreseeable future. EXECUTIVE SESSION anybody on my side here in the Senate We have slower growth, fewer jobs, supported when it passed in 2009 and massive amounts of debt. Eventually early 2010. But that too is going to what that is going to mean for the mid- NOMINATION OF CHARLES TIM- drive up spending and is going to drive dle-class American is higher interest OTHY HAGEL TO BE SECRETARY up debt as we head into the future. rates when it comes to buying a home, OF DEFENSE You heard from the President last when it comes to buying a car, when it night a whole new series of new spend- comes to financing a college education. Mr. REID. Mr. President, I move to ing initiatives, ‘‘investments,’’ he It is going to mean lower take-home proceed to executive session to con- called them, in a whole range of areas. pay when the economy slows down and sider Calendar No. 10. As he was sort of laying that out, those there is not the demand for workers The clerk will report: of us who were listening to that mes- out there. There are so many adverse The assistant legislative clerk read sage were thinking to ourselves: Okay, impacts on our economy from carrying as follows: if you put a calculator on this thing, it the kind of debt load we are carrying Motion to proceed to the nomination of keeps going and going and going. Yet today. I think we have a responsibility Charles Timothy Hagel, of Nebraska, to be the President said we did not need to to lead. Secretary of Defense. add a single dime to the deficit. Well, I I hope the President of the United The PRESIDING OFFICER. Without do not know how anybody could accept States will lead on this issue; that he objection, the motion to proceed is that with a straight face. It flat does in his budget will put forward the types agreed to. not pass the smell test. of remedies that are necessary not only CLOTURE MOTION We have a spending problem here in to deal with our short-term crisis in Mr. REID. Mr. President, I send a Washington, DC. The facts bear that the sequestration but also to put us cloture motion to the desk and ask the out. The revenues are going up. They long term on a sustainable fiscal path clerk to report. are going to go up 25 percent, according by proposing reforms, reforms to these The PRESIDING OFFICER. The clo- to the Congressional Budget Office, in programs that are driving Federal ture motion having been presented the next 2 years. In 2015 they will be at spending, that are going to add massive under rule XXII, the Chair directs the 19.1 percent of GDP, an average we amounts to our debt over the course of clerk to read the motion. have not seen—or a number we have the next decade and beyond, and at the The assistant legislative clerk read not seen in a long time. Then they will same time look at things we can be as follows: stay roughly at that for the next dec- doing that would generate economic CLOTURE MOTION ade. This is not a revenue problem. growth, that would create jobs in this We, the undersigned Senators, in ac- This is not a problem where Wash- country. Because when the economy is cordance with the provisions of rule ington taxes too little. This is a prob- growing and expanding, then all of XXII of the Standing Rules of the Sen- lem where Washington spends too these other problems look much small- ate, hereby move to bring to a close de- much. er by comparison. bate on the nomination of Charles Tim- If you look at the other side of the Republicans here in the Senate are othy Hagel, of Nebraska, to be Sec- equation, spending continues to go up ready to work with the President, work retary of Defense. as a percentage of GDP. We see a little with Democrats. Harry Reid, Patrick J. Leahy, Sheldon bit of relief here in the next few years, We are anxious to go to work on enti- Whitehouse, Barbara Boxer, Al but then when the cost of the Afford- tlement reform to save Social Security Franken, Christopher A. Coons, Jack able Care Act starts hitting, when you and Medicare. We are anxious to go to Reed, Carl Levin, Kirsten E. Gillibrand, start seeing the demographics of the work on reforming our Tax Code in a Claire McCaskill, Robert P. Casey, Jr., country, as they continue to change, if way that would unleash economic Richard Blumenthal, Tom Harkin, we do not do something to save and growth to obtain the robust growth we Dianne Feinstein, Bill Nelson, Jeanne Shaheen, Sherrod Brown. protect Social Security and Medicare need in the economy to create jobs and for future generations, it is going to make the debt crisis we face look much Mr. REID. This is the first time in bankrupt us. smaller by comparison. the history of our country that a Presi- We are headed for a train wreck. We I hope in the days ahead the Presi- dential nominee for Secretary of De- have to do something about that and dent of the United States, the leader- fense has been filibustered. What a recognize what that problem is. That ship on Capitol Hill, and the Congress shame, but that is the way it is. problem purely and simply is that will do what we should have done a I ask unanimous consent that the Washington spends too much. It is a long time ago. It is long overdue for ac- mandatory quorum under rule XXII be spending problem. That is why, again, tion. It is high time that we become waived. when I heard the top Democrat, the mi- busy and do the work of the American The PRESIDING OFFICER. Without nority leader in the House of Rep- people, which is about providing a objection, it is so ordered. resentatives, say over the weekend more secure, prosperous, and a safer, Mr. REID. I also ask that under the that it is a false argument to say this debt-free future for future generations. rule the cloture vote will occur on Fri- is a spending problem, I was shocked, Anything less is negating or under- day. Membership should plan accord- because I think most Americans would mining the responsibility we have to ingly. argue, as they look at this, and they the American people. The PRESIDING OFFICER. The sen- can do the math, Washington has a Mr. President, I yield the floor. ior Senator from Michigan is recog- very serious spending problem which Mr. REID. I ask unanimous consent nized. needs to be addressed. It needs to be that the quorum call be rescinded. Mr. LEVIN. Mr. President, now that addressed sooner rather than later. The PRESIDING OFFICER (Mr. the nomination of Senator Hagel is be- I thought the report that came out BROWN). We are not in a quorum call. fore us, I want to begin this discussion from the Congressional Budget Office Mr. REID. Miracles never cease. and debate with a few remarks about last week was instructive for a number The PRESIDING OFFICER. That is him. The committee approved this of reasons. It pointed out the impact true. nomination and sent it to the floor of that debt is going to have as we face The Senator from Nevada. the Senate yesterday by a vote of 14 to this debt crisis in terms of interest Mr. REID. Mr. President, I have spo- 11. rates, in terms of inflation, in terms of ken with Senator INHOFE, the ranking Senator Hagel has received broad loss of jobs, and a more sluggish econ- member of the Senate Armed Services support from a wide array of senior omy. We know from history that when Committee. It is very clear that he and statesmen, defense, and foreign policy

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.046 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S681 organizations. At his January 31 nomi- nam. If confirmed, Chuck Hagel will do it ever, the Veterans of Foreign Wars of the nation hearing before the Armed Serv- again. This time not before a platoon but be- United States considers Chuck Hagel, twice ices Committee, Senator Hagel was en- fore every man and woman and their families wounded Vietnam War veteran, war infan- thusiastically introduced and endorsed in the Armed Services. He will lead them and tryman, and former two-term United States they will know in their hearts that we have Senator from Nebraska, to be uniquely quali- by two former chairmen of our com- one of our own. fied to lead the Department of Defense. mittee, chairmen who have huge bipar- Senator Hagel has received a letter of tisan support and respect by everybody That is signed by Robert Wallace, endorsement from 11 retired senior in this body and everybody outside of who is executive director of the VFW. military officers who say Chuck Hagel this body who knows them. Those two The Iraq and Afghanistan Veterans of is uniquely qualified to meet the chal- chairmen are Sam Nunn and John War- America wrote the following: lenges facing the Department of De- ner. Without Senator Hagel’s leadership in fense and our men and women in uni- Senator Hagel’s nomination has been Washington, there would not be a post 9/11 GI form. endorsed by five former Secretaries of bill. Senator Hagel has always been a strong He has received a letter of endorse- Defense who served under both Demo- advocate for veterans at the Department of ment from nine former Ambassadors Defense. There is no doubt he will continue cratic and Republican Presidents: Bob who worked with him on Middle East that legacy. Time and time again, from Viet- Gates, Bill Cohen, Bill Perry, Harold issues. That letter says, in part: nam to the VA to the USO, Senator Hagel Brown, and Melvin Laird. He has been has answered his country’s call to serve, endorsed by three former Secretaries of Each of us has known the Senator over the past 20 years and has found him invariably demonstrating courage, character and re- State—Madeleine Albright, Colin Pow- one of the best informed leaders in the U.S. solve at every turn. We encourage the Senate ell, and George Shultz—and by six Congress on the issues of U.S. national secu- to approve his nomination swiftly. former National Security Advisers who rity. . . . Senator Hagel’s political courage Paul Rieckhoff, Founder and Chief Execu- served in that position for more than 20 has impressed us all. . . . Time and again he tive Officer. years under six of the last seven Presi- chose to take the path of standing up for our The AMVETS National Commander dents. nation over political expediency. . . . He has Cleve Geer endorsed President Obama’s Let me just share with our colleagues invariably demonstrated strong support for nomination of Chuck Hagel with the a few of the words of Senator Nunn Israel and for a two-state solution and has following comments: been opposed to those who would undermine when he introduced Senator Hagel to or threaten Israel’s security. We can think of AMVETS fully supports President Obama’s our committee: few more qualified, more nonpartisan, more nomination of Chuck Hagel for the future I believe our Nation is fortunate to have a courageous, or better equipped to head the Secretary of Defense. As a veterans service nominee for Secretary of Defense with the Department of Defense. organization, AMVETS’ main mission is to character, experience, courage and the lead- That is from nine former Ambas- serve as an advocate for veterans, their fami- lies and the communities in which they live. ership that Chuck Hagel would bring to this sadors who worked with Senator Hagel position. First, Chuck is acutely aware that I am confident that former Senator Hagel even in an age of rapid technological ad- on Middle East issues. Let me read who will utilize his experience and understanding vances, our military capability and effective- those Ambassadors are: Nicholas of America’s military to lead this Nation’s ness depend on the quality and the morale of Burns, former Under Secretary of State troops and the Department of Defense. the people who serve our Nation in uniform, for Political Affairs, Ambassador to The organization votevets.org wrote as well as the families who support them. NATO and Greece; Ryan Crocker, the following in a petition signed by Continuing: former Ambassador to Iraq and Af- over 8,000 veterans and military fami- Chuck received two Purple Hearts in Viet- ghanistan; Edward Djerejian, former lies: nam, and when he returned home he contin- Ambassador to Israel and Syria; Wil- Senator Hagel is a tremendous pick for ued to fight for veterans and for Active-Duty liam Harrop, former Ambassador to Secretary of Defense who I know very well, military personnel. He knows that our peo- Israel; Daniel Kurtzer, former Ambas- and I have little doubt that he will serve ple are our strongest asset. Second, Chuck’s sador to Israel and to Egypt; Samuel President Obama with distinction both as a experience in Vietnam shaped his life and his Lewis, former Ambassador to Israel; voice of reason within the administration perspective. War for Chuck Hagel is not ab- and as a faithful advocate for carrying out straction. I am confident, if confirmed, he William Luers, former Ambassador to the policies of the Commander in Chief. will ask the hard and smart questions before Venezuela and Czechoslovakia; Tom sending troops into battle. Chuck Hagel Pickering, former Under Secretary of That was signed by John Soltz. knows the United States has vital interests State for Political Affairs, Ambassador The Military Officers Association of that are worth fighting for and dying for. He to Israel and Russia; and Frank Wis- America wrote the following: also knows that war should be a last resort ner, former Under Secretary of Defense and that our Nation must effectively use all While the Military Officers Association of for Policy and Ambassador to Egypt America does not endorse or oppose specific of our tools, not limited only to our mili- and to India. tary, to protect our important and our vital candidates for elected or appointed office, we interests. Senator Hagel’s nomination has been believe Senator Hagel is certainly a can- supported by the major groups of didate who is fully qualified for appointment Senator Nunn continued: American veterans, including the Vet- to this extremely important position. Our Certainly there is a tension in these val- erans of Foreign Wars, the Iraq and Af- past work with Senator Hagel has been very ues, but it is a tension that we should wel- ghanistan Veterans of America, positive, and we believe that he brings an come in the thought process and in the ad- important sensitivity to the human side of vice that our Secretary of Defense gives to AMVETS, Vietnam Veterans of Amer- budget and operational considerations. His our Commander in Chief and to this Con- ica, and the American Legion. He has experience as a combat wounded Vietnam gress. received support from the Military Of- veteran, as deputy administrator of the VA, From our service together on the Defense ficers Association of America, Foreign and his two terms in the Senate provide a Policy Board in recent years, I know that Area Officer Association, and the Non range of perspectives that would serve any Chuck Hagel has a clear world view and that Commissioned Officers Association. Secretary of Defense well. We previously rec- it aligns with the mainstream of U.S. foreign Senator Hagel has been endorsed by ognized Senator Hagel’s efforts to protect and defense policy, and also with President the interests of military beneficiaries with Obama. Chuck Hagel believes that we must numerous newspapers, including USA Today, which stated: our Arthur T. Marix Congressional Leader- build and preserve America’s strength as a ship Award. We do not believe that cabinet force for good in the world. He recognizes Many of the supposed weaknesses that Re- nominees should be held hostage to political that protecting our interests requires strong publican Senators hammered him on are ac- litmus tests. allies and friends, as well as strong American tually proof that Hagel takes thoughtful po- leadership. sitions and doesn’t bend easily to pressure. That was signed by ADM Norbert Ryan, USN, retired, President of the Senator WARNER’s extraordinarily I would like to read just a few quotes Military Officers Association of Amer- powerful and warm comments included from those organizations of veterans ica. as follows: who have endorsed him. The Veterans The Non Commissioned Officers Asso- There is an old saying in the combat army of Foreign Wars says the following: infantry and Marine Corps. ‘‘Certain men are It is not the place for America’s oldest and ciation of the United States wrote the asked to take the point.’’ Which means to largest combat veterans organization to ad- following: get out and lead in the face of the enemy. vise or recommend to the President who he We strongly support the appointment of Chuck Hagel did that as a sergeant in Viet- should nominate for cabinet positions. How- Chuck Hagel to be Secretary of Defense. His

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The Depart- ing and equipage of America’s 21st military Defense, along with numerous other ment would reduce training and mainte- force coincide with a solid revised defense senior officials from the administra- nance for non-deploying units and would be posture to meet conventional and unconven- tions of both parties. The Atlantic forced to reduce procurement of vital weap- tional world challenges. Senator Hagel has Council is very much a part of the ons systems and suffer the subsequent sched- also championed personnel issues relating to mainstream of the American foreign ule delays and price increases. Civilian em- combat dwell time, force protection, transi- policy establishment. ployees would be furloughed for up to 22 tion issues, including electronic medical days. All of these effects also negatively im- issues, preparation for future employment Much of the time and attention at our committee hearing was devoted to pact long-term readiness. It would send a and training, and veterans benefits, includ- terrible signal to our military and civilian a handful of statements Senator Hagel ing enhancements to post 9/11 educational workforce, to those we hope to recruit, and benefits. He also recognizes the value and made over the course of his career that to both our allies and adversaries around the the sacrifice of families of the men and raised questions about his views on world. women who serve in this Nation’s uniformed Israel, Iran, and other issues. services. Senator Hagel explained and clarified One of our colleagues has alleged That was signed by Richard Schnei- these things and placed them in con- that Senator Hagel has failed to pro- der, executive director for government text. He apologized for one remark, and vide complete financial disclosure and affairs. told the committee he would say other suggested, despite the admitted lack of The Vietnam Veterans of America things differently if he had the chance evidence of any kind, that Senator wrote: or was making them over. Senator Hagel may have received money that We like Hagel. We think he is a great guy, Hagel was clear in the positions he ‘‘came directly from Saudi Arabia, and having a combat veteran in there would takes today and that he will take if came directly from North Korea.’’ be a good thing. confirmed as Secretary of Defense. In There is no evidence for that, but that The American Legion wrote: particular, Senator Hagel stated un- is the kind of innuendo which was Hagel is a long-time member of the Legion. equivocally, first: made and I believe should not have He served right after he returned from Viet- been made. nam. He is a long-time advocate for veterans Iran poses a significant threat to the in the VA, and especially for veterans ex- United States, our allies and partners, and As a matter of fact, Senator Hagel posed to Agent Orange. Our organization has our interests in the region and globally. Iran has provided the exact same financial consulted with him, among others, on var- continues to pursue an illicit nuclear pro- gram that threatens to provoke a regional disclosure the committee requires of ious national security matters. Having said all nominees, including at least the that, the American Legion is prohibited by arms race and undermine the global non-pro- our congressional charter from endorsing liferation regime. Iran is also one of the last eight Secretaries of Defense. As re- any candidate for elected or appointed office. main state-sponsors of terrorism and could quired by the Armed Services Com- spark conflict, including against U.S. per- mittee and by the Ethics in Govern- The Vietnam Veterans Memorial sonnel and interests. Fund, Jan Scruggs, founder and presi- ment Act, he has disclosed all com- dent, wrote the following: Second, he is ‘‘. . . fully committed pensation over $5,000 that he has re- to the President’s goal of preventing I first met Mr. Hagel in 1981 when he was ceived in the last 2 years. As required the No. 2 man at the Veterans Administra- Iran from obtaining a nuclear weapon by the Armed Services Committee, he tion. He had just thrown out of his office . . . all options must be on the table to has received letters from the Director some people who were demanding that he achieve that goal . . .’’ and his policy, of the Office of Government Ethics and stop his support for Maya Lin’s design for if confirmed, will be ‘‘one of preven- the Acting Department of Defense Gen- the Vietnam veterans memorial. His integ- tion, not of containment.’’ eral Counsel certifying that he has met rity and toughness were impressive then. Third, while he believes ‘‘engagement all applicable financial disclosure and Both qualities have grown since. Long before is clearly in our interests,’’ ‘‘engage- conflict-of-interest requirements. As he became a Senator, Mr. Hagel was an in- ment is not negotiation.’’ He stated: fantryman in Vietnam. He fought the enemy required by the Armed Services Com- up close, and he had to put Americans in I’ve never thought engagement is weak- mittee, he has answered a series of body bags. I am sure as defense secretary he ness. I never thought it was surrender. I questions about possible foreign affili- would not hesitate to use military force ag- never thought it was appeasement. I think ations. Among other questions, the gressively if our Nation or its allies are in it’s clearly in our interest. . . . [G]et the committee asked whether, during the danger, yet he knows well that war is ter- international sanctions behind you, keep military options on the table. If the military last 10 years, the nominee or his spouse ribly unpredictable and needs to be avoided. have ‘‘received any compensation from, He has shown some fury at those who have option is the only option, it’s the only op- never seen war, but encouraged it during the tion. or been involved in any financial or past decade. This is called courage. He has Finally, he said that he is ‘‘a strong business transaction with, a foreign earned his stripes. supporter of Israel,’’ and believes that government or an entity controlled by Senator Hagel’s credentials are un- ‘‘we have a special relationship with a foreign government.’’ Senator derscored by the service in war and in Israel.’’ If confirmed, he ‘‘will ensure Hagel’s answer was, ‘‘No.’’ peace that has been described so elo- our friend and ally Israel maintains its Senator Hagel, like all of our nomi- quently in all those letters from those qualitative military edge in the region, nees, has undergone a thorough FBI veterans organizations. As a young and will continue to support systems background investigation. Senator man, Senator Hagel enlisted in the like Iron Dome, which is today saving INHOFE and I have reviewed the FBI Army and served in Vietnam, where he Israeli lives from terrorist rocket at- file. The innuendo that Senator Hagel received two Purple Hearts, the Army tacks.’’ could somehow be hiding the fact he is Commendation Medal, and the Combat Senator Hagel has also recognized on the payroll of a foreign power is of- Infantryman Badge for his service. the very real risks posed to our na- fensive to those of us who have served He volunteered to go to Vietnam. He tional security as a result of the with him and beneath the dignity of answered the question, where are you, unique budgetary pressure arising out the U.S. Senate. by answering, here I am. Senator Hagel of cuts previously agreed upon by Con- I ask unanimous consent to have served as Deputy Administrator of the gress, the budgeting by continuing res- Veterans’ Administration during the printed in the RECORD a series of let- olution, and the impending threat of a ters in which certain Senators re- Reagan administration. He was twice sequester. Senator Hagel told the com- elected to the Senate, where he served quested certain financial disclosure mittee: and the letter with which I responded. on the Foreign Relations and Intel- [Sequestration] if allowed to occur, would ligence Committees. damage our readiness, our people, and our There being no objection, the mate- Since he left the Senate 4 years ago, military families. It would result in the rial was ordered to be printed in the Senator Hagel has served as chairman grounding of aircraft and returning ships to RECORD, as follows:

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U.S. SENATE, With regard to the demand that Senator rity, and Kaseman, LLC) in 2010 and has re- COMMITTEE ON ARMED SERVICES, Hagel disclose all compensation over $5,000 ceived no compensation from them during Washington, DC, February 8, 2013. that he has received over the past five years, the two-year reporting period covered by the Hon. JIM INHOFE, the standard financial disclosure form which Ethics in Government Act. Nonetheless, the Ranking Minority Member, the committee requires all nominees to pro- February 6 letter demands that Senator Committee on Armed Services, U.S. Senate. vide calls for the disclosure of all entities Hagel provide ten years of corporate finan- DEAR JIM: I read with some concern a Feb- from which the nominee has received com- cial data on foreign investments or funding ruary 6, 2013, letter that you signed with 25 pensation in excess of $5,000 (including cli- received by these entities. The forms and other Republican Senators, demanding that ents for whom the nominee personally pro- committee questionnaire indicate that Sen- former Senator Chuck Hagel provide addi- vided more than $5,000 in services, even if the ator Hagel continues to serve as an Advisory tional financial disclosure information in payments were made to the nominee’s em- Board Member for Corsair Capital, a Senior connection with his nomination to serve as ployer, firm, or affiliated business) during Advisor to McCarthy Capital, and a Special Secretary of Defense. This letter appears to the previous two years. The two-year disclo- Advisor to the Chairman of M.I.C. Industries insist upon financial disclosure requirements sure requirement that has been consistently and that he has received compensation for that far exceed the standard practices of the applied by the committee is established in his service to these three entities. I am Armed Services Committee and go far be- section 102(b)(1)(A) of the Ethics in Govern- doubtful that, as mere advisor to these com- yond the financial disclosure required of pre- ment Act and applies not only to all nomi- panies, Senator Hagel has either access to vious Secretaries of Defense. nees for Senate-confirmed positions, but also the corporate financial information that is Our committee has a well-defined set of fi- to all candidates for federal elective office. sought in the February 6 letter or the au- nancial disclosure and ethics requirements With regard to the demand that Senator thority to release such information if he which apply to all nominees for civilian posi- Hagel disclose foreign funding for private en- were able to get access to it. In any case, tions in the Department of Defense. We re- tities from which he has received compensa- over the 16 years that I have served as either quire each nominee to provide us with the tion, the February 6 letter asserts that this Chairman or Ranking Minority Member of following: a copy of the Nominee Public Fi- information is needed because ‘‘If it is the the committee, we have considered numer- nancial Disclosure Report required by the case that [Senator Hagel] personally [has] ous nominations of individuals who were em- Ethics in Government Act—OGE Form 278; a received substantial financial remunera- ployed by for-profit entities of every variety. response to a standard committee question- tion—either directly or indirectly—from for- We have considered board members, officers, naire, which includes questions on future eign governments, sovereign wealth funds, directors, and employees of companies doing employment relationships, potential con- lobbyists, corporations, or individuals, that business across the full range of our econ- flicts of interest, personal financial data, and information is at the very minimum relevant omy. In this time, we have never required foreign affiliations; and a formal ethics to this Committee’s assessment of your nom- the nominee to attempt to ascertain and dis- agreement, which outlines the steps the ination.’’ close the names of investors in such an enti- nominee will take to avoid any potential In fact, the committee questionnaire ad- ty. conflict of interest, including a commitment dresses the issue of foreign affiliations in a The committee cannot have two different by the nominee to divest DOD contractor manner that is equally applicable to all ci- sets of financial disclosure standards for stocks within 90 days of appointment to of- vilian nominees coming before the com- nominees, one for Senator Hagel and one for fice, avoid buying DOD contractor stocks mittee. Among other questions, the com- other nominees. while in office, and resign from non-Federal mittee questionnaire asks whether, during Sincerely, boards and activities. the last ten years, the nominee or his spouse CARL LEVIN, Before these materials are provided to the has ‘‘received any compensation from, or Chairman. committee, they are reviewed by the U.S. Of- been involved in any financial or business fice of Government Ethics (OGE) and the transactions with, a foreign government or U.S. SENATE, DOD General Counsel’s office—both of which an entity controlled by a foreign govern- Washington, DC, February 6, 2013. are familiar with the unique conflict of in- ment.’’ Senator Hagel’s answer to this ques- Hon. CHUCK HAGEL, terest requirements imposed by our com- tion was ‘‘No.’’ Distinguished Professor in the Practice of Na- mittee—to ensure that the required disclo- The demands of the February 6 letter go tional Government, Edmund A. Walsh sures of information meet our standards. The beyond this standard disclosure regime and School of Foreign Service, Georgetown Uni- leader of each of these offices sends us a let- would subject Senator Hagel to a different versity, 37th and O Streets, NW, Wash- ter certifying that the office has reviewed requirement from all previous nominees, ington, DC. the financial disclosure and determined that under which he alone would be required to DEAR SENATOR HAGEL: On January 29, two the nominee will be in compliance with ap- somehow ascertain whether certain entities days before your confirmation hearing, you plicable laws and regulations governing con- with whom he has been employed may have received a request, via email, from several flicts of interest. Our majority and minority received foreign contributions. In particular: Senators on the Senate Armed Services Com- counsels review these materials and work to- Senator Hagel serves without compensa- mittee for additional information necessary gether, through the DOD General Counsel’s tion as the Chairman of the Board of Direc- to fairly assess your nomination to be Sec- office, to address any questions that may tors of the Atlantic Council—a ‘‘think tank’’ retary of Defense. The written copy of the arise about the completeness of the mate- that includes among its other Directors and letter (delivered the next day) was signed by rials provided or the nominee’s compliance Honorary Directors seven former Secretaries six Senators, including the Ranking Member with our requirements. of States and four former Secretaries of De- of the Committee. The letter requested that We have applied these disclosure require- fense. The Atlantic Council’s public website you respond to the request before the hear- ments and followed this process for all nomi- provides a diverse list of corporate contribu- ing, so that you could then answer questions nees of both parties throughout the 16 years tors, including both domestic companies concerning your responses. that I have served as Chairman or Ranking (such as Chevron, General Dynamics, Lock- You declined to respond to the request for Minority Member of the committee. I under- heed, Raytheon, Boeing, Citigroup, Duke En- additional financial disclosure. stand that the same financial disclosure re- ergy, and Exxon Mobil) and foreign entities At the hearing, you were told by Members quirements and processes were followed for (such as Polish Telecom, Saab, All Nippon of the Committee that a response to our re- at least the previous 10 years, during which Airways, and the Istanbul Stock Exchange). quest for information would be necessary be- fore the Committee could vote on your nomi- Senator Sam Nunn served as Chairman or Over the 16 years that I have served as either nation. The Chairman of the Committee ex- Ranking Minority Member. During this pe- Chairman or Ranking Minority Member of pressly asked you to submit your response riod, the committee has confirmed eight Sec- the committee, we have considered numer- by Monday, February 4. retaries of Defense (Secretaries Carlucci, ous nominations of individuals who were as- Monday came and went, and you still did Cheney, Aspin, Perry, Cohen, Rumsfeld, sociated with similar think tanks, univer- not respond. Gates, and Panetta), as well as hundreds of sities, and other non-profit entities. Even in At the end of the day on Tuesday, Feb- nominees for other senior civilian positions the many cases where a nominee received ruary 5, you submitted a short ‘‘response’’ to in the Department. compensation from such a nonprofit entity, our request. In that response, you explicitly There are two unprecedented elements to we did not require the nominee to disclose declined to answer many of the questions the financial disclosure demanded by the the sources of funding provided to the non- asked of you. February 6, letter: (1) the disclosure of ‘‘all profit entity. You were asked to disclose all compensa- compensation over $5,000 that [Senator Hagel Senator Hagel has also served as an Advi- tion over $5,000 that you have received over has] received over the past five years’’; and sory Board Member, Senior Advisor, Direc- the past five years. You declined to do so. (2) the disclosure of any foreign funding of tor, Special Advisor, or Board Member to You were asked to disclose if—and to what eight private entities from which Senator seven domestic for-profit entities identified specific extent—the Atlantic Council has re- Hagel has received compensation since leav- in the February 6 letter since he left the ceived foreign funding in the past five years. ing the Senate (including the date, source, Senate in January 2009. His financial disclo- You declined to do so. and specific amount of each foreign con- sure report and committee questionnaire in- You were asked to disclose if—and to what tribution). Each of these demands goes well dicate that he left four of these entities specific extent—McCarthy Capital has re- beyond what the committee has required of (Wolfensohn & Company, National Interest ceived foreign funding in the past ten years. any previous nominee. Security Company, Elite Training & Secu- You declined to do so,

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.007 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S684 CONGRESSIONAL RECORD — SENATE February 13, 2013 You were asked to disclose if—and to what cooperation, I have gone beyond those re- defense, will harm our men and women specific extent—Corsair Capital has received quirements in several areas. For example, al- in uniform, and sends exactly the foreign funding in the past ten years. You though the committee questionnaire re- wrong message to both our friends and declined to do so. quires that nominees provide copies of ‘‘any You were asked to disclose if—and to what formal speeches,’’ I have sought transcripts our adversaries around the world. specific extent—Wolfensohn and Company of informal speeches of which I did not have If confirmed, Senator Hagel would be has received foreign funding in the past ten copies, and provided those transcripts to the the first former enlisted man and the years. You declined to do so. committee. first veteran of the Vietnam war to You were asked to disclose if—and to what In that same spirit of cooperation, I have serve as Secretary of Defense. This specific extent—M.I.C. Industries has re- reviewed each of the specific requests for in- background gives Senator Hagel an in- ceived foreign funding in the past ten years. formation described in your letter. While valuable perspective not only with re- some of these requests appear to go beyond You declined to do so. spect to the difficult decisions and rec- You were asked to disclose if—and to what what is either in my control or is mine to re- specific extent—the National Interest Secu- lease under the law, I am committed to pro- ommendations a Secretary of Defense rity Company has received foreign funding in viding what I can—and when I cannot, to ex- must make regarding the use of force the ten years. You declined to do so. plain why not. and the commitment of U.S. troops You were asked to disclose if—and to what As you know, I previously submitted all of overseas but also with respect to the specific extent—Elite Training and Security, the information required by the Committee’s day-to-day decisions a Secretary must LLC has received foreign funding in the past standard financial disclosure processes. This make to ensure our men and women in includes information regarding compensa- ten years. You declined to do so. uniform and their families receive the You were asked to disclose if—and to what tion that I received over the past two years, specific extent—Kaseman, LLC has received as reported on the Nominee Public Financial support and the assistance they need foreign funding in the past ten years. You Disclosure Report in Schedule D. To assist and deserve. It would be a positive mes- declined to do so. you in reviewing this information, I have sage for our soldiers, our sailors, our Your own financial records are entirely prepared a chart that reflects all compensa- airmen, and our marines in harm’s way within your own control, and you have flatly tion over $5,000 I received for that time pe- around the world to know that one of refused to comply with the Committee Mem- riod. Further, you asked questions about wheth- their own holds the highest office in bers’ request for supplemental information. the Department of Defense and that he The records from the other firms—more er, and the extent to which, eight identified than one of which, you have disclosed, paid entities (with which I have been affiliated) has their backs. you $100,000 or more—are highly relevant to have received foreign funding in the past. As The President needs to have a Sec- the proper consideration of your nomination. I explained in my response to the Com- retary of Defense in whom he has trust, Your letter discloses no affirmative efforts mittee, dated February 5, 2013, my legal and who will give him unvarnished advice, on your part to obtain the needed disclosure, fiduciary obligations prevent me from re- a person of integrity, and one who has and your lack of effort to provide a sub- leasing this kind of corporate financial infor- a personal understanding of the con- stantive response on this issue is deeply mation for those entities that are privately sequences of decisions relative to the owned/held. One of the entities that you in- troubling. use of military force. Senator Hagel If it is the case that you personally have quired about, Atlantic Council, is a 501(c)(3) received substantial financial remunera- organization which permits greater public certainly has those critically impor- tion—either directly or indirectly—from for- disclosure of its funding Streams. While At- tant qualifications and he is well quali- eign governments, sovereign wealth funds, lantic Council does not make public a com- fied to lead the Department of Defense. lobbyists, corporations, or individuals, that prehensive list of all its donors, it does pub- Mr. President, I yield the floor. information is at the very minimum relevant licly acknowledge its foreign corporate and The PRESIDING OFFICER (Mr. to this Committee’s assessment of your nom- foreign government donors of $5,000 or more. BROWN.) The senior Senator from ination. Such remuneration may be entirely I have attached a copy of Atlantic Council’s Rhode Island is recognized. appropriate, but that determination cannot publicly available list of these foreign donors Mr. REED. Mr. President, I ask unan- be made without disclosure. over the past five years. Because I serve If you have not received remuneration—di- without compensation, I have not been a di- imous consent that when Senator LEE rectly or indirectly—from foreign sources, rect or indirect beneficiary of these con- concludes his remarks, I be recognized. then proper disclosure will easily dem- tributions. Of the remaining seven compa- The PRESIDING OFFICER. Without onstrate that fact. nies, McCarthy Capital, Wolfensohn, M.I.C. objection, it is so ordered. Your refusal to respond to this reasonable Industries, National Interest Security Com- The Senator from Utah is recognized. request suggests either a lack of respect for pany, Kaseman, and Elite Training & Secu- (The remarks of Mr. LEE are printed the Senate’s responsibility to advise and rity have authorized me to inform you that in today’s RECORD under ‘‘Morning consent or that you are for some reason un- they have not compensated me with any for- Business.’’) willing to allow this financial disclosure to eign-derived funds. Corsair Capital has been The PRESIDING OFFICER. The sen- come to light. advised by its outside counsel that it cannot This Committee, and the American people, provide further information regarding its fi- ior Senator from Rhode Island is recog- have a right to know if a nominee for Sec- nances. nized. retary of Defense has received compensation, I wish to reiterate that I have not received Mr. REED. Mr. President, I rise directly or indirectly, from foreign sources. any compensation from or been involved in today to express my support for the Until the Committee receives full and com- any financial or business transactions with a nomination of Senator Chuck Hagel to plete answers, it cannot in good faith deter- foreign government or an entity controlled be the next Secretary of Defense. He mine whether you should be confirmed as by a foreign government. This is reflected in comes to this job at an extraordinarily Secretary of Defense. my response to the SASC Questionnaire, challenging time for the Department Therefore, in the judgment of the under- Question 3, Part E—Foreign Affiliations. signed, a Committee vote on your nomina- Thank you for the opportunity to respond and for our Nation. Among the many tion should not occur unless and until you to your questions. issues he will confront, Senator Hagel provide the requested information. Sincerely, will oversee the drawdown of our forces Sincerely, CHUCK HAGEL. out of Afghanistan, the enhancement (Signed by 26 Senators). Mr. LEVIN. Mr. President, the De- of our cyber defenses, and the manage- partment of Defense right now needs ment of various fiscal constraints on FEBRUARY 8, 2013. its new leader. Its current leader, who the defense budget. In fact, I cannot Hon. CARL LEVIN, think of a more critical juncture of na- U.S. Senate, has done a great job, has announced he Washington, DC. is leaving and has set a time for that tional security issues, budget issues, Hon. JAMES INHOFE, departure. and technology issues, all coming to- U.S. Senate, We face a budgetary challenge of im- gether, facing the next Secretary of Washington, DC. mense proportions—not just in the De- Defense. DEAR CHAIRMAN LEVIN AND RANKING MEM- partment of Defense but in all of our I have known Chuck for many years, BER INHOFE: I appreciate the opportunity to agencies. Our military is engaged in and I know he is particularly well-suit- respond to the February 6, 2013, letter from combat operations overseas. North ed to tackle these challenges. Chuck 25 Senators, including several members of Korea has exploded a nuclear device— was born and raised in Nebraska, the the Senate Armed Services Committee. I re- main committed to providing the Committee highly provocative, highly objection- oldest of four sons of a World War II with complete personal financial disclosure, able—and must be countered. The ab- veteran. Public service, military serv- in accordance with the applicable require- sence of senior leaders in the Depart- ice is in that family’s core. When his ments of law and regulation. In the spirit of ment of Defense will harm our national father died suddenly at the age of 39,

VerDate Mar 15 2010 05:29 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.009 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S685 Chuck quickly shouldered the responsi- 1982 World’s Fair. He was president and In this role, he will continue to focus bility of helping his mother raise his chief executive officer of the USO, the our efforts on fighting terrorism in Af- brothers. And when our Nation was in agency devoted to helping servicemem- ghanistan and throughout that region. the midst of a bitter and divisive fight bers and their families. Again, his com- We are facing a crucial turning point. in Vietnam, he volunteered to fight, mitment to the American soldier, sail- In his State of the Union Address last serving alongside his brother Tom. or, airman, and marine has been con- night, the President announced his This was an era when there were many sistent, constant, and unrelenting. plan to further reduce our force levels people who were looking for ways Then he became chief operating offi- in Afghanistan next year as the Afghan through deferments to avoid service, to cer of the 1990 Economic Summit of In- National Security Forces will take full avoid wearing the uniform of the dustrialized Nations—the G7 summit— responsibility for securing their na- United States. He was unusual in that in Houston, the president of an invest- tion. I think Senator Hagel is very well he not only sought service, but he ment bank, and he was on the board of positioned to carry out this policy, to sought service in Vietnam alongside some of the world’s largest companies. ensure it is done effectively, to ensure his brother. So you already have at this juncture that our forces are protected and that He rose to be an infantry sergeant, a soldier, a successful entrepreneur, we are able to help enable the Afghan and both he and his brother were and a successful Federal administrator. forces to carry the burden to defend wounded twice, with each saving the Then in 1996 he came to the Senate to their country and provide stability. other’s life. In that experience as a represent the people of Nebraska. He Senator Hagel will also lead the De- combat infantryman, he knows, per- was the first Republican Senator from partment in preparing for emerging haps better than anyone who has been Nebraska in a generation. We came threats to our national security, such nominated for this office, the ultimate here together. He came with all of as attacks on our cyber infrastructure. cost of our policies that are made here these skills, and he added more skills, We are at a critical point in our his- in Washington. understanding the political process tory, perhaps akin to the 1920s when air When he returned home, Chuck used from the inside and from the outside power first began to emerge as a cred- the GI bill to attend the University of that helped shaped national security ible military dimension, then later as Nebraska in Omaha, and after grad- policy, the budgets and the policies of space became a possible military di- uating from there, he went to Wash- the Department of Defense and every mension. Cyber is now a new dimension ington to work for a freshman Con- other Federal agency. in warfare. gressman from his home State. During his time in the Senate as a We are at a similar juncture to the In 1980 President Reagan, recognizing member of the Senate Foreign Rela- one when some of our colleagues in the his skill, his talent, his patriotism, and tions and Intelligence Committees, he 1920s were wondering how we use these his devotion to the country, nominated championed national security policies contraptions that fly around the sky. him to be Deputy Administrator of the with the goal of ensuring that our mili- But in a short period of time, air power Veterans Administration. He ulti- tary remains the strongest in the made a profound difference on the mately left that post on a matter of world. Senator Hagel believes in work- world. The attack on Pearl Harbor was principle. He thought there was inad- ing closely with our allies and partners launched by aircraft from aircraft car- equate support from that department and that, in his words, ‘‘a nation must riers, not by the bombardment of bat- for veterans suffering from exposure to strategically employ all instruments of tleships and not by the landing of mili- Agent Orange. At that time, the effects its power—diplomatic, military, eco- tary forces. You can see the effect it of Agent Orange were being dismissed nomic—to defend its interests.’’ So he had not only through World War II but by some as nonconsequential, as some- brings a broad, comprehensive ap- in every conflict to today. thing that was just a made-up malady proach to national security, which is We are at another critical juncture, by these veterans. essential for our next Secretary of De- Chuck knew differently, and later the and that is with respect to cyber secu- fense because so many of the national science would prove him right. He con- rity. How will we defend ourselves? security challenges we face are not tinued to fight as he left the Veterans What policies will we adopt to use this simply military; they are diplomatic, Administration, helping to ensure that new technology to protect the United these veterans who were physically af- they are economic, and they are envi- States and our allies? It will require in- fected by their service in Vietnam re- ronmental. They require the kind of tegration across our government. It ceived compensation as the victims of broad-ranging approach that he takes will require thoughtful, conscious de- Agent Orange. to national security policy. liberation. I believe he is prepared to In that tenure as the Deputy Admin- As he stated during his nomination do that and will do that very well. istrator of the Veterans Administra- hearing 2 weeks ago, he has one funda- I am pleased that President Obama tion, he had the responsibility of run- mental question he has asked himself has just issued an Executive order that ning a large Federal department. So he on every vote he took while serving in will improve coordination and informa- is now bringing not only his service as the Senate: Is the policy worthy of the tion sharing with our industry partners a common infantryman but his service men and women we were sending into so we can better protect our Nation’s running a large department devoted to battle and surely to their deaths? Is critical infrastructure, but there is the veterans of these United States. this going to be worth the sacrifice, be- more to be done, and I believe that in That will serve him well as Secretary cause there will be sacrifices. the context of a Secretary of Defense, of Defense. Again, it makes him sin- It is one thing to study the art of war Chuck Hagel can do it. gularly if not uniquely qualified. in lecture halls and to speak pro- Perhaps most challenging of all, Sen- But it doesn’t stop there because he foundly as a pundit. It is something ator Hagel will lead the Department in has extraordinary experience in the else to be in the mud, under fire, seeing a time of great fiscal constraints and private sector. In the mid-1980s he co- others fall. I have not had that experi- uncertainty. As our Nation continues founded Vanguard Cellular Systems, ence. I served 12 years in the U.S. to find a path forward to rebound from which became one of the largest inde- Army, but very few people, very few the economic challenges of the last few pendent cellular systems in the coun- people in this Chamber, very few people years, there is an ever-growing pres- try. Again, someone from modest who would be considered for Secretary sure to reduce the size of the defense means with great imagination, after of Defense, have been under fire, have budget, which has nearly doubled over serving his country both as a soldier seen comrades fall, know that ulti- the past 10 years. But we must be very and as an administrator under the mately what we do here is borne by careful to do so in a way that elimi- Reagan administration, went back and what those brave young Americans do nates unsustainable and unproductive started a business and made it success- across the globe. He knows it intellec- costs without losing vital capabilities. ful—so successful that he was able to tually and viscerally. I know he will That is a great challenge. As a result of devote himself to other public activi- bring that perspective, that concern for the high operations tempo of our serv- ties. our men and women in uniform, to ices, the multiple operations and de- He served as deputy commissioner every decision before him as Secretary ployments, all of our services are fac- general of the United States for the of Defense. ing serious reset and recapitalization

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.055 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S686 CONGRESSIONAL RECORD — SENATE February 13, 2013 needs in terms of equipment and also There are Ambassadors on this list agree we must take action in this body significant efforts to help our military who have handled delicate and difficult and in this Congress to avoid seques- members and their families readjust, issues involving international law. tration. Sequestration is a term we retrain, reequip, and prepare for a chal- There are several Ambassadors who have all been throwing around, and it lenging future. have been Ambassadors to the State of refers to the automatic cuts that are Serious decisions will have to be Israel and strongly support Senator scheduled to take effect on March 1. made about the threats we face and as Hagel. All of these individuals know Those cuts were designed to force Con- we anticipate new and emerging him. They also know as well—if not gress to make a tough decision and to threats. Again, he is well prepared better than I and many of my col- take comprehensive action on our debt through his entire life of public serv- leagues—of the threats, dangers, and and deficits. ice, military service, private service, opportunities which face this country, I think we all agree there is no ques- administrative and business activity to and they are strongly supporting tion we need a comprehensive and bal- confront this extraordinary range of Chuck Hagel. In fact, they have con- anced plan to put us on a more sustain- challenges. cluded in a letter that he is ‘‘uniquely able fiscal path. I think that plan A lot has been made about some com- qualified to meet the challenges facing should look at all areas of spending. It ments Senator Hagel has made in the the Department of Defense and our should look at domestic, mandatory, last years, going back 5, 7, 8, or more men and women in uniform.’’ and defense as well as comprehensive years. But I know, indeed, which was There has been a lot of discussion tax reform. I think there are many reflected in his testimony, that he did about Chuck Hagel’s appreciation of areas of bipartisan agreement on def- not seek out this position. President the strong, important, and critical re- icit reduction, including controlling Obama chose to nominate Chuck Hagel lationship between the United States the long-term cost of health care. because he knew of his record, of his and State of Israel. All I can say is I Unfortunately, Congress has missed service to our country. He knew of his was so impressed by the comments of several opportunities to enact a long- incredible commitment to the men and the Israeli Deputy Foreign Minister term plan to get our debt and deficits women who wear the uniform of the Danny Ayalon, who was also the Am- under control. That is why we are United States. He knew about his expe- bassador to Washington, and who has again facing a deadline at the end of rience in the private sector. He knew met and dealt with Senator Hagel on a this month to address those automatic about his experience as a governmental number of issues involving the rela- cuts. As a result of that, we are start- leader. He knew there was an ability to tionship with the United States. The ing to see the very real and negative rely upon his judgments, Senator Deputy Foreign Minister said: ‘‘I have consequences of our inaction. We are Hagel’s judgments, with confidence in met him many times, and he certainly seeing it on our national security, and times of crisis. I expect that the Presi- regards Israel as a true and natural we are seeing it on our economy as dent of the United States is not going U.S. ally.’’ businesses and agencies alike begin to to turn to Chuck Hagel, particularly In another quote he said: prepare for the automatic cuts under among crises, and ask him if can he I know Hagel personally. . . . I think he sequestration. believes in the relationship, in the natural quote verbatim what he said 10 years Last week, Senator COLLINS and I partnership between Israel and the United ago. He is going to say: What are my States. wrote to the leadership in the Senate options? What is your advice? You urging bipartisan action on sequestra- Here is an Israeli patriot who under- know about war better than anyone. tion and the need to find a better ap- stands and has spent a great deal of You know about military policy. You time devoted to the relationship of the proach. In our letter, we talked about know about international security. United States and Israel. In his own the impacts we are starting to see in You know about the interaction of di- words, he concludes that Chuck Hagel New Hampshire and Maine, including plomacy, economics, and environ- regards Israel as a true and natural the threat to jobs, our national secu- mental policy. Give me your judgment. U.S. ally and will act accordingly. He rity, and to the Portsmouth Naval I have to make a decision. is a dedicated patriot. He is an indi- Shipyard, which is critical not only to I believe, reflecting what the Sen- vidual who has served this country in New Hampshire and Maine but also to ator, my chairman, CARL LEVIN, has so many different ways. I support his this country’s national security. We said, that in this difficult moment, the nomination, and I urge my colleagues called attention to the drastic effects President of the United States needs a to do the same. we face for our economy, for our jobs, Secretary of Defense to provide that Also, I think it is important to state and for our national security. kind of perspective, and the men and that this nomination—as we have done Today we are here to reiterate the women of the Department of Defense with every Secretary of Defense for importance of addressing sequestration have to have the ability to have their decades—deserves an up-or-down vote and doing it now. voice heard decisively and definitively on the floor of the Senate. People may I wish to thank the senior Senator in those serious discussions, particu- choose to cast a vote against him for from Maine, my colleague, for joining larly about the deployment of military many reasons, and that is the preroga- me to talk about this important issue, force. tive of that Senator. I strongly believe, and I am looking forward to hearing As I said, I am extremely confident if we want to stay true to the tradi- her remarks. I know it is something he can do this. Let me also say I am tions of this body and to the presump- she cares about as much as I do and as impressed with those who have served tion that the President should be al- much as I think most of the Members our country in diplomatic and military lowed to at least have his nominee of this Chamber do. roles who have endorsed Chuck Hagel voted up or down, then we have to The PRESIDING OFFICER. The Sen- strongly and enthusiastically. These bring this vote to the floor of the Sen- ator from Maine. endorsements are from men and women ate for an up-or-down vote as quickly Ms. COLLINS. Mr. President, first, who have served in both Democratic as possible. let me say, I am very pleased to join and Republican administrations. With that, I yield the floor. with my friend and colleague from New Among them are Bob Gates, William The PRESIDING OFFICER (Mr. Hampshire to speak out against the in- Cohen, Madeleine Albright, William BLUMENTHAL). The Senator from New discriminate meat-ax cuts known in Perry, Brent Scowcroft, Ryan Crocker, Hampshire. Washington as sequestration that are and Thomas Pickering. These men and Mrs. SHAHEEN. Mr. President, I ask scheduled to take effect in just 2 women have devoted themselves to pro- unanimous consent to enter into a col- weeks’ time. We simply must take ac- tecting the United States, and they loquy with my colleague, the Senator tion to avoid this self-inflicted harm to have done it with extraordinary energy from Maine, Ms. COLLINS. our economy and to our national secu- and effectiveness. This list of Secre- The PRESIDING OFFICER. Without rity. But what I find inexplicable is a taries of Defense will rank as some of objection, it is so ordered. growing acceptance that sequestration the best we have ever had, and they are SEQUESTRATION is going to go into effect despite the absolutely confident Chuck Hagel can Mrs. SHAHEEN. Mr. President, Sen- fact that virtually everyone should and should do this job. ator COLLINS and I are here because we concede that across-the-board cuts

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.056 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S687 where we don’t set priorities do not scheduled to begin on March 1, we are the Portsmouth Naval Shipyard or at make sense. looking at an enormous impact on our the shipyards across the country, but There are good programs that de- national security. that has a ripple effect across our econ- serve to be preserved, there are pro- Now, it is important to recognize we omy, and it affects the grocery stores grams that have outlived their useful- are not saying the national debt is not and the restaurants and all of the ness and should be eliminated, and a problem. Certainly, when we have a small contractors and small businesses then there are programs that could be $16.4 trillion debt, that is not sustain- doing work at those shipyards. cut and reduced. That is not the ap- able, and the national debt is a secu- There will be ramifications for our proach we are taking. We are not going rity concern in its own right. Just last national defense across the services. through the budget in a careful way by year, in 2012, the Federal Government Yesterday, we had some harrowing tes- identifying programs that could be spent $223 billion in interest payments timony in front of the Armed Services eliminated or reduced, setting prior- alone. That means we are spending Committee from all of the chiefs of the ities, and making investments. No, we more on interest on the national debt military outlining what they see com- are allowing to go into effect across- each month than we spent in an entire ing as a result of the consequences of the-board cuts that fall disproportion- year on naval shipbuilding and the the sequester and the continuing reso- ately on the Department of Defense. Coast Guard budget. lution the Senator from Maine spoke Indeed, we are already seeing the ef- Just think about that. The interest about. fects of these cuts on our military be- payment in one month exceeds the en- DOD-wide—so across the Depart- cause each of the military services has tire Coast Guard budget and the entire ment—they expect to lay off a signifi- begun planning for the likelihood of budget for shipbuilding in the Navy. cant portion of the 46,000 temporary deep budget cuts. The Navy is pre- The estimates are that by the middle and term employees. All services and paring for a civilian hiring freeze and of this decade—not some distant year— agencies will likely have to furlough cutting workers at shipyards and base- our interest payments to China, our most DOD civilian employees for up to operated support facilities. largest foreign creditor at $1.2 trillion, 22 working days. Imagine that. That is I wish to be clear exactly who these will be covering the entire cost of that a whole month of paychecks that those employees are. These are the nuclear Communist country’s military. Think workers are not going to have to sup- engineers, the welders, the metal of the horrific irony of that. At the port their families, to be able to spend trades workers repairing submarines same time America is bound by trea- into the economy, and that is going to and ships at the Navy’s four public ties to defend our allies in Asia against have a huge impact. shipyards, including the Portsmouth Chinese aggression, the American tax- It is possible that DOD might not Naval Shipyard in my home State of payers are bankrolling the threat have enough funds to pay for Maine, which employs half of its work- through the interest payments we are TRICARE, health care coverage for our force from my colleague’s State of New paying to the Chinese. veterans through the end of the fiscal Hampshire. I know the senior Senator Neither the Senator from New Hamp- year. As we saw on the front pages of from New Hampshire shares the con- shire nor I am saying the Pentagon the paper this week, the Department cern about this particular installation should be exempt from budget scrutiny delayed the deployment of the USS on the border we share. But, of course, or even future cuts, but the dispropor- Harry Truman, the carrier strike group the damage of sequestration extends tionate impact that sequestration that was headed to the Persian Gulf. If far beyond just one installation or two would have on our troops and on our sequestration goes into full effect, the States. national security is dangerous and it Navy will shrink by about 50 ships and Just this morning I was over at the must be averted. The Department can- at least two carrier groups. Pentagon, and I took advantage of the not continue to operate on a con- By the end of the year, the Navy, if opportunity to sit down with the tinuing resolution that increases costs, we do nothing, will lose about 350 Navy’s top shipbuilding official to dis- prevents long-term planning, and workers a week or 1,400 a month from cuss what the impact of sequestration makes it impossible for the Depart- our civilian industrial base. That will would be for our naval fleet. Well, one ment to function effectively. example we have already seen. The I yield to my colleague from New have a huge impact in New Hampshire, Navy will keep the USS Abraham Lin- Hampshire to expand on some of these as I know it will in Maine as well. coln, a nuclear-powered aircraft car- points. Then we will talk further about So there are real, significant im- rier, in port rather than repairing and the impact. pacts, as the Senator from Maine deploying it. Across the fleet, the Navy Mrs. SHAHEEN. Mr. President, I pointed out, on the defense industry, is being forced to reduce deployments, thank the Senator from Maine for lay- on this country’s national security, maintenance, and overhauls for critical ing out what we are seeing in terms of and on the domestic side of the budget. repairs. When we look at the ship- the potential impact of those auto- It is already starting to have ramifica- building budget, it is evident that se- matic cuts. The comments and the sta- tions on our economy and job growth. questration and the continuation of a tistics the Senator from Maine had We saw in the last quarter of 2012 that partial-year funding resolution, known about China and what they are going to our economy contracted for the first as the continuing resolution, would be be able to do with the money we are time since 2009, and much of that de- absolutely devastating for our Navy, paying is really eye-opening and scary. cline was due to sharp reductions in for shipbuilding, and for our skilled in- The Senator from Maine spoke about government spending in anticipation of dustrial base. That includes Bath Iron some of the impacts we are beginning the sequester coming into effect. Works in Maine, which I am so proud to see at the ports of naval shipyards. We saw it in New Hampshire, in some of, which builds the best destroyers in As the Senator pointed out, it is some- of our businesses that are dependent on the world. This has consequences not thing very important to both Maine government contracts, particularly in only for our workforce, but also for our and New Hampshire. It employs about the defense industry. So our failure to national security. 4,000 workers, almost evenly split be- act is not only irresponsible, but it is It is important to note Secretary Pa- tween our two States. As a result of beginning to have a real impact in netta has made clear that allowing the sequester, starting March 1, one of slowing down this economy. these sweeping cuts to go into effect their major projects, the repair of the It is simply unacceptable that we are would be ‘‘devastating,’’ in his words, USS Miami, which was damaged in a not addressing this issue. We need to and would badly damage the readiness fire, is going to be halted immediately. act. If we let the sequester go into ef- of the U.S. military. Just stopped—16 days from now. The fect, we stand to lose, according to the The fact is defense has already taken Navy is going to cut over 1,100 tem- Congressional Budget Office, up to 1.4 a huge reduction in future spending. porary civilian workers, mostly from million jobs. A recent forecast from The defense budget has been slated to shipyards such as Portsmouth. The Macroeconomic Advisers suggests that be cut by $460 billion over 10 years, and needed maintenance and military con- sequestration would reduce our gross that is before sequestration. When this struction will be postponed indefi- domestic product by .7 percentage number is added to the defense cuts nitely. It is not just about those jobs at points this year.

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.057 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S688 CONGRESSIONAL RECORD — SENATE February 13, 2013 We can’t risk putting our economic would mean for schoolchildren in have to look at all aspects of the budg- recovery in jeopardy with these indis- Maine if halfway through the school et. We need to look at domestic, de- criminate cuts. They are going to have year—more than halfway through the fense spending, mandatory programs, an impact on research and education school year—all of a sudden they get a and we need to look at revenues. Com- vital to our ability to grow this econ- reduction in title I money that goes to prehensive tax reform—that is a way omy and remain competitive. low-income schools, to special edu- we can address that. The National Institutes of Health cation grants, to other important pro- There are areas of bipartisan agree- would face a $2.5 billion cut. They grams such as Head Start, and the ment that we ought to be able to take would have to halt or curtail scientific TRIO Program, which helps low-in- action on right away. We have had a research, including needed research in come and first-generation students at- number of GAO reports that make rec- cancer and childhood diseases. The tend and excel in college. ommendations on duplicative programs Centers for Disease Control and Pre- Think about the Low-Income Home within government. We are already vention would see a $464 million cut. Energy Assistance Program, bio- working to control the long-term costs States and local communities would medical research that is so critical, of health care, to close tax loopholes, lose billions of Federal education fund- cuts in the FAA workforce that could and on defense spending, we all know ing for title I, for special education reduce air traffic control, disrupting there are still reforms that can be grants, and for other programs. air traffic during the busy summer done, as the Senator pointed out. We As many as 100,000 children will lose months. can get better physical controls. We their places in Head Start, 25,000 teach- The list goes on and on: essential can end some of the fraud and abuse in ers could lose their jobs, and we will education, health care, research, trans- contracting. That is just the beginning see those impacts immediately in portation programs that deserve sup- of a list that, I am sure, if we all dedi- Maine and in New Hampshire. port that do not deserve to all be treat- cated ourselves to coming up with a I wish to turn back to the Senator ed the same. compromise on how we avoid the se- Again, I want to emphasize that we from Maine to share what she is seeing quester, we could do. in Maine. recognize spending must be cut and the We should not delay because our fail- Ms. COLLINS. Mr. President, first I debt, at $16.4 trillion, is way out of con- ure to resolve this issue is having dam- wish to commend the Senator from trol. That amounts to something like aging effects on our economy, and it is $52,000 for each man, woman, and child New Hampshire for broadening the de- only going to get worse if we do not in this country. bate and reminding all of us of the find the solution. We are committed to seeking prag- macroeconomic impact, as well as the So, again, I thank Senator COLLINS matic solutions through compromise impact on our two States. for her commitment to address this and to avoiding this devastation of our The estimate is that Maine’s defense challenge we face, for her willingness economy and our national security. We industry—which includes not just the to come down and engage with me, and recognize we have to look at all areas Portsmouth Naval Shipyard, Bath Iron for us to work together, along with our Works, and our Pratt & Whitney plant, of spending and that we need to over- haul our Tax Code and make it more colleagues, to try to get a resolution so but a lot of smaller contractors and we do not have these devastating cuts suppliers—could lose as many as 4,000 pro-growth, simpler, and fairer. If ever there were a moment when Members of going into effect. jobs as a result of sequestration. Think Congress and the President should put Mr. President, I yield the floor. about that. That means, as the Senator The PRESIDING OFFICER. The Sen- aside their politics for the greater good from New Hampshire pointed out, these ator from Oklahoma. of the Nation, now is the time. are people who are supporting their So I, for one, want to thank the Sen- Mr. LEVIN. Mr. President, I wonder families and who are supporting other ator from New Hampshire for caring so if the Senator would yield for one mo- businesses in the community. The im- much about this issue. We have agreed ment, without losing his right to the pact, the ripple effect, is just dev- to work together—and continue to floor. astating. work together—to address this. These Mr. INHOFE. Yes, I will. That is why it does not surprise me automatic cuts were never supposed to Mr. LEVIN. Before the Senators from that the Congressional Budget Office take effect. I remember being told: Do New Hampshire and Maine leave the has pointed to sequestration as the pri- not worry. It is never going to happen. floor, I just want to commend them for mary cause for the slow growth we It is too unpalatable. It will just never their statements, for their conversa- have seen already, and CBO projects as occur. tion. It is so critically important we well; that our economy would grow at Well, they were supposed to force us avoid sequester. The more Senators a faster rate—at 2 percent—if we avert- to make the difficult decisions nec- and the more Members of the House ed sequestration. These aren’t mean- essary to put our economy on a sound who look for ways on a bipartisan basis ingless numbers. They affect real peo- footing and to deal with our to avoid it, the better. We only have 2 ple. The estimates are that we would unsustainable debt. Our Nation’s lead- weeks left to go. With the kind of en- lose between 1.4 million and 2 million ers—the President, Democrats and Re- ergy and creativity that these two Sen- jobs if this is allowed to go into effect publicans alike—have denounced se- ators bring to this body, it makes me a nationwide. questration for the most part, and yet little bit more hopeful that we are It is also a failure on the part of here we are. going to be able to avoid this unbeliev- Washington to make decisions. If we So I hope we can work together to ably bad outcome. are going to allow these mindless, in- avoid this fiscal cliff which will have So I just want to thank both Sen- discriminate cuts to go into effect, why such damaging effects for the people of ators and thank my friend from Okla- are we here? We might as well have this Nation. homa for yielding for a moment. computers or robots making decisions Thank you, Mr. President. Mr. INHOFE. Mr. President, let me, for us. Our job is to do the hard, pain- Mrs. SHAHEEN. Mr. President, I first of all, respond to the chairman of ful work of setting priorities and mak- thank Senator COLLINS very much for the Armed Services Committee. I ing decisions. That is why I am so frus- her kind words. I know we both care a agree. We have talked about the an- trated by the approach we appear to be great deal about this situation we are guish. on the verge of taking. in, as I think most of the Members of We had a hearing yesterday where The Senator from New Hampshire the body do. What is so frustrating is the service chiefs discussed the disaster makes a very important point. While that it is avoidable. This is not some- facing our armed forces if we go the Department of Defense would take thing that has to happen because we through sequestration. I do not think a disproportionate impact from seques- are facing a crisis. This is happening most Members of this body fully under- tration, and I am extremely concerned because of what we have done in our stand what it means, not just to the de- about that, there are other important actions. So we can undo these actions, fense of our country as a whole, but to programs that would be affected as as the Senator points out. each of the individual States. well. The superintendents groups have I share the Senator’s belief that we In my State of Oklahoma, I am very met with me and talked about what it need a comprehensive solution. We concerned about Tinker Air Force Base

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.059 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S689 and its 16,000 civilian employees. What out Leader HARRY REID. So we have a U.S. SENATE, is going to happen there? very good relationship, and one which Washington, DC, February 6, 2013. Anyway, let me just wind up this will continue. The Hon. CHUCK HAGEL, part by saying I have been ranked as Distinguished Professor in the Practice of Na- However, Senator REID, on numerous tional Government, Edmund A. Walsh the most conservative Member for occasions, was concerned about Repub- School of Foreign Service, Gerorgetown Uni- many years. But I have always said: I lican nominations. During the Bush versity, Washington, DC. am a big supporter of using our re- Presidency, Stephen Johnson—who, in- DEAR SENATOR HAGEL, On January 29, two sources in two areas: One is national days before your confirmation hearing, you cidentally, was a Democrat—was nomi- defense and the other is transportation received a request, via email, from several nated to be EPA Administrator. I and infrastructure. Senators on the Senate Armed Services Com- A short while ago, the majority lead- thought he would be good Adminis- mittee for additional information necessary er was kind enough to call my office trator. There were several Democrats to fairly assess your nomination to be Sec- who thought he would not be good Ad- retary of Defense. The written copy of the and tell me I would be objecting to the letter (delivered the next day) was signed by consideration of the nomination of ministrator. So HARRY REID did what he is supposed to do, and he interceded six Senators, including the Ranking Member former Senator Hagel to be Secretary of the Committee. The letter requested that of Defense. on behalf of the Democrats who op- you respond to the request before the hear- However, this is not a filibuster. I posed him. As result, cloture was filed ing, so that you could then answer questions keep getting stopped by people out in and, therefore, the nomination needed concerning your responses. the hall: Oh, we are going to filibuster. 60 votes to proceed. Well, the Adminis- You declined to respond to the request for Who is going to filibuster? trator got 61 votes. additional financial disclosure. At the hearing, you were told by Members What we are doing is not a filibuster. Another example was Dirk Kemp- of the Committee that a response to our re- We are seeking a 60 vote threshold for thorne. He was nominated to be Sec- quest for information would be necessary be- a controversial nomination. If the ma- retary of the Interior. My colleagues fore the Committee could vote on your nomi- jority really wanted to move forward will remember he is a former Senator nation. The Chairman of the Committee ex- quickly, all they have to do is agree to from Idaho. Some objected to his con- pressly asked you to submit your response a 60-vote margin, like they did with the by Monday, February 4. firmation. Of course, this was during Monday came and went, and you still did Sebelius and Bryson nominations. the Bush administration. Senator In addition, as ranking member of not respond. Kempthorne was nominated, and he At the end of the day on Tuesday, Feb- the Senate Armed Services Committee, went ahead and was confirmed. It was ruary 5, you submitted a short ‘‘response’’ to I am obligated to assist the members of a 60-vote margin. There is nothing un- our request. In that response, you explicitly the committee. usual about this. declined to answer many of the questions First of all, the vote in the com- asked of you. mittee was a 100-percent partisan vote. Getting back to Stephen Johnson, You were asked to disclose all compensa- Every Republican there voted against this is even more analogous to what we tion over $5,000 that you have received over moving the Hagel nomination out of have right now because he was a Demo- the past five years. You declined to do so. You were asked to disclose if—and to what committee. Well, there has to be a rea- crat who was nominated by a Repub- specific extent—the Atlantic Council has re- son for that. lican President. Unfortunately, once ceived foreign funding in the past five years. One of the reasons—the major rea- again we were forced by the Democrats You declined to do so. son, I would say—and if you do not be- to have a cloture vote which requires You were asked to disclose if—and to what lieve this, go back and look at the tape 60 votes. specific extent—McCarthy Capital has re- of the meeting yesterday where many ceived foreign funding in the past ten years. Stephen Johnson was a Democrat. So of our members said: Why is it we are You declined to do so. here we had the Republicans wanting rushing to confirm Chuck Hagel to be You were asked to disclose if—and to what Stephen Johnson and the Democrats specific extent—Corsair Capital has received Secretary of Defense when he has not not wanting Stephen Johnson. It is foreign funding in the past ten years. You given us the information we have re- very analogous to what we have today. declined to do so. quested? One such Member is the jun- You were asked to disclose if—and to what ior Senator from Texas, who is in the Today, we have former Senator Chuck specific extent—Wolfensohn and Company Chamber with me right now. Hagel, who is a Republican. has received foreign funding in the past ten But let me first clarify there is noth- But in this case, we have a situation years. You declined to do so. ing unusual about requesting a 60-vote where cloture has been filed by the ma- You were asked to disclose if—and to what threshold. This happens all the time. I specific extent—M.I.C. Industries has re- jority leader. I have no objection to ceived foreign funding in the past ten years. can remember when the majority lead- voting. I do not want to wait. I do not You declined to do so. er agreed to a 60-vote threshold in the want to string this out. I have other You were asked to disclose if—and to what 2009 nomination of Kathleen Sebelius. places to go other than hanging around specific extent—the National Interest Secu- She was confirmed. here. I would vote tonight if we could rity Company has received foreign funding in There is nothing unusual about a 60- just get the information that has been the ten years. You declined to do so. vote threshold. You were asked to disclose if—and to what requested by the Republican members specific extent—Elite Training and Security, John Bryson was nominated to be the of the Senate Armed Services Com- Secretary of Commerce. Several of us LLC has received foreign funding in the past mittee. ten years. You declined to do so. had concerns about this nomination. Keep in mind, the Hagel nomination You were asked to disclose if—and to what Ultimately, he was confirmed. But specific extent—Kaseman, LLC has received once again the entire Senate agreed to was reported out of committee by a foreign funding in the past ten years. You a confirmation vote by a 60-vote mar- 100-percent partisan vote. All Repub- declined to do so. gin. licans voted against sending him out. Your own financial records are entirely I can remember when the majority Why did they do it? They did it because within your own control, and you have flatly leader—let me say this about the ma- we have not gotten the information we refused to comply with the Committee Mem- want. bers’ request for supplemental information. jority leader. He has been exception- The records from the other firms—more ally good to me on things I have been I have a letter. This is a letter that is than one of which, you have disclosed, paid involved in. I have two major bills that signed by 25 Republicans stating that you $100,000 or more—are highly relevant to were my bills. One was in concert with we have not received the information the proper consideration of your nomination. BARBARA BOXER—the highway bill. necessary for a proper vetting of the Your letter discloses no affirmative efforts Frankly, I could not have gotten it Hagel nomination. on your part to obtain the needed disclosure, passed without them. Another was my and your lack of effort to provide a sub- pilots’ bill of rights. I could not get a Mr. President, I ask unanimous con- stantive response on this issue is deeply sent it be printed in the RECORD. troubling. hearing on it in committee. I tried for If it is the case that you personally have a year. He stepped in and helped me. I There being no objection, the mate- received substantial financial remunera- have said in national publications I rial was ordered to be printed in the tion—either directly or indirectly—from for- could not have gotten it passed with- RECORD, as follows: eign governments, sovereign wealth funds,

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.063 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S690 CONGRESSIONAL RECORD — SENATE February 13, 2013 lobbyists, corporations, or individuals, that mittee in both the House and Senate Estrada. We remember ROBERT information is at the very minimum relevant for 25 years. I do not remember one PORTMAN, now one of our fellow Sen- to this Committee’s assessment of your nom- time when information that was re- ators. ination. Such remuneration may be entirely quested, which was perfectly within So there is nothing unusual about appropriate, but that determination cannot this. But there is a problem with the be made without disclosure. the purview of the committee was not If you have not received remuneration—di- provided. This has not happened. This process we are entering now. That rectly or indirectly—from foreign sources, is unprecedented. process is, we have made requests—I then proper disclosure will easily dem- I heard some people say: you are fili- am talking about Members such as onstrate that fact. bustering a Cabinet appointee. That is Senator CRUZ from Texas and other Your refusal to respond to this reasonable not what we are doing. What we are members of the Senate Armed Services request suggests either a lack of respect for trying to prevent is an unprecedented Committee who have made perfectly the Senate’s responsibility to advise and event where committee members do reasonable requests for information. In consent or that you are for some reason un- this case, it is on speeches reportedly willing to allow this financial disclosure to not receive information which is im- come to light. portant for Members to have in order made to foreign audiences. However, This Committee, and the American people, to consider a nomination. these concerns can be clarified in a have a right to know if a nominee for Sec- So I will continue to read the letter. matter of minutes. retary of Defense has received compensation, The letter includes a request for a That is why we should not rush. If directly or indirectly, from foreign sources. complete list of his prior public speech- this information is provided we could Until the Committee receives full and com- es, notably, multiple additional speech- resolve this matter tonight. The infor- plete answers, it cannot in good faith deter- es on controversial topics that have mation is out there. I have personally mine whether you should be confirmed as talked to Senator CRUZ. He said: Look, Secretary of Defense. been made public by the press. For example, I understand FOX News if they will just give us that informa- Therefore, in the judgment of the under- tion we have been requesting now for signed, a Committee vote on your nomina- is going to run a story tomorrow re- tion should not occur unless and until you garding some speeches made by former weeks, we can have the vote tonight. provide the requested information. Senator Hagel. If so, these speeches That is our reasonable request. We Sincerely, would certainly give rise to a lot of in- are not talking about merits. We are (Signed by 26 Senators). terest because, I have been informed, not talking about substance. We are Mr. INHOFE. This letter is signed by we are talking about speeches which talking about a process. Never before several Senators, but it was promoted, were made and paid for by foreign gov- in my memory has a Senate Armed more than by anyone else, by the Sen- ernments. I have also been told, some Services member’s reasonable request ator from Texas. The Senator has re- of these foreign governments may not been denied before someone has come peatedly requested this information. I be friendly to us. up for a confirmation. It is a simple re- have personally heard Senator CRUZ re- Therefore, I believe Senators are en- quest. It has been done on a regular quest this information, just yesterday, titled to review this information. Are basis. A 60-vote margin is not a fili- and on several previous occasions. we entitled to that? Yes; we are enti- buster. We are merely saying the Sen- In a previous letter, he said: We ex- tled to that. ate is entitled to this information. press our concern—several Senators So this letter includes a request for a Hopefully, this will jar some of the in- also signed this letter—on the unneces- complete list of his prior public speech- formation loose. Maybe we can get it sary rush to force through a vote on es, notably, additional speeches on con- now. I hope we do. Chuck Hagel’s nomination before he troversial topics that have been made I want to move this on and move it as has been able to respond adequately to public in the press, despite those rapidly as possible. I yield the floor and I suggest the ab- multiple requests from members of the speeches having been omitted from his sence of a quorum. Armed Services Committee for addi- own disclosure. The PRESIDING OFFICER. The tional information. I remember in the early stages of the clerk will call the roll. I’m reading now from the letter: confirmation process, requests were The assistant legislative clerk pro- Those requests have included a request made of Senator Hagel about informa- ceeded to call the roll. to Chuck Hagel for the disclosure of his tion we knew existed because the press Mr. WHITEHOUSE. Mr. President, I personal compensation he has received had written about it in the past. Some ask unanimous consent that the order over the past 5 years. may argue that Senators are not enti- for the quorum call be rescinded. We are talking about Chuck Hagel. tled to review these speeches. I dis- The PRESIDING OFFICER. Without This is information which he con- agree. A member of the Armed Services objection, it is so ordered. trols. He can provide this information. Committee has a responsibility to re- Mr. WHITEHOUSE. Mr. President, I It is there. view that information. ask unanimous consent to speak as in The letter also requests the disclo- The letter also makes the critical re- morning business for up to 15 minutes. sure of foreign funds he may have re- quest from the administration for addi- The PRESIDING OFFICER. Without ceived indirectly. This is important be- tional information on their precise ac- objection, it is so ordered. cause some have raised questions of a tions during and immediately fol- CLIMATE CHANGE potential conflict of interest. lowing the tragic murder of four Amer- Mr. WHITEHOUSE. Mr. President, I Why does he not want to disclose icans in Benghazi, Libya on September am here again to talk about the effects this? Somehow he would like to be con- 11, 2012. of climate change on the health of our firmed without disclosing this informa- Regardless, if the administration has families and our communities. Just as tion. answered these questions, the Senate is we know that secondhand smoke and As Senators we have a responsibility entitled to review speeches that have too much sun exposure are bad for here. I do not care if you are a Demo- been made by the person who is up for human health, we know pollution and crat or Republican. If a member of the confirmation to be Secretary of De- variations in climate conditions are as Armed Services Committee requests fense. well. this information and the information is I would say to the majority leader, I wish to thank our chairman on the available and he is able to obtain it and the request for a 60 vote threshold is Environment and Public Works Com- does not provide it, we have a process based on precedent. It is what the ma- mittee, Mrs. BOXER, for the briefing she problem. jority leader agreed to on the John held today with a number of scientists, Mr. President, my primary objection Bryson and Kathleen Sebelius nomina- including one who spoke specifically to Chuck Hagel’s confirmation is for tions. It is what he insisted upon when about the human health effects we can policy reasons. That is why I think he the Democrats forced cloture to be see from climate change. Climate is not qualified for that job. Others do filed on the Dirk Kempthorne and Ste- change is threatening to erode the im- not agree with that. That is fine. But phen Johnson nominations. There are provements in air quality we have they have to agree on the process. several others. Michael Leavitt was achieved through the Clean Air Act. In fact, I cannot remember—and I one. John Bolton went through this EPA-enforced emissions reductions have been on the Armed Services Com- twice. We all remember Miguel have led to a decline in the number and

VerDate Mar 15 2010 05:29 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.011 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S691 severity of bad air days in the United Warming oceans and lakes can also into the open, releasing up to actually States. These are the days I know the harm our health. Higher water surface 860 billion gallons of untreated sewage Presiding Officer is familiar with be- temperature is associated with harmful and wastewater. In 2010, heavy rainfall cause I am sure they happen in Con- blooms of various species of algae. and flooding caused millions of dollars necticut as well as in Rhode Island, These blooms are often referred to as in damage in spilled raw sewage in where the air quality is so poor that it ‘‘red tide.’’ They deplete oxygen, block Warwick, RI, my home State. The flood is unhealthy for sensitive individuals: sunlight, and they produce toxins. The led to the temporary shutdown of the the elderly, infants, people with toxins are very often captured by local wastewater treatment facility. breathing difficulties to be outdoors. clams and oysters and other shellfish. These overflows, like the one in War- Even healthy people are urged to limit When they are consumed, it can re- wick, can result in beach closures, their activities when out-of-doors. sult in neurotoxic shellfish poisoning, shellfish bed closures, contamination In Rhode Island, about 12 percent of which causes debilitating respiratory of drinking water supplies, and other children and 11 percent of adults suffer and gastrointestinal symptoms. A environmental and public health prob- from asthma. Both are higher than the warming climate also is predicted to lems. national average. Our Rhode Island change the range of disease-spreading Extreme rainfall, meaning both way Public Transit Authority runs free parasites, such as ticks and mosqui- too little and way too much rainfall, buses on bad ozone days to try to keep toes. With longer summers and shorter promotes waterborne outbreaks of dis- car traffic down because these days are winters, we will face more exposure to ease. In the northeast United States, so dangerous to the public. Of course, these pests and to the diseases they heavy rainfall has increased by 74 per- the major air pollutant behind bad air can carry. cent since my childhood in the 1950s. days is ozone, commonly known as We in New England and Connecticut As we have seen with Superstorm smog. Ground-level ozone or smog and Rhode Island and Massachusetts, Sandy, Hurricane Irene, and Hurricane makes it difficult to breathe, causes of course, are very familiar with lyme Katrina, storms can very quickly affect coughing, inflames airways, aggravates disease, which is a tick-borne illness millions of people and require tens of asthma, emphysema and bronchitis and that can have very grave and serious billions of dollars to clean up. The makes lungs more susceptible to infec- effects. threat gets worse as sea-level rise al- tion. Slow and steady warming is also lows storm surges to reach farther in- That all means asthma attacks, causing sea levels to rise, which threat- land and create more damage than just emergency room visits, hospitaliza- ens coastal infrastructure and human a few decades ago. Much of the east tions, which, in turn, result in missed safety as well. In South Kingstown, RI, coast was fearful of flooding during school and work and a burden not only Matunuck Beach Road is the only Superstorm Sandy last year, including, of worry but also a burden on the econ- means of access to approximately 500 of course, southern Rhode Island. Be- omy. Smog, of course, forms more homes. That road also covers the pub- cause of erosion and sea-level rise, the quickly during hot and sunny days. So lic water main. For years, the sand ero- storm surges on our shores can reach as climate change drives more heat, it sion has eaten away at the beach. Now homes that were originally built hun- increases the number of warm days and the road is immediately vulnerable to dreds of feet from the coastline. the conditions for smog and for bad air storms. Indeed it has been overwashed I had the experience of standing with days become more common. in recent storms. A breach in a man who had a childhood home that Climate change is also prolonging the Matunuck Beach Road cuts off those had been through at least three genera- allergy season. I am sure there are a 500 homes from emergency services. If tions of his family. He was now actu- number of people listening who suffer it were damaging enough, it could cut ally older than me, and that childhood from hay fever in the late summer and off their water. home—which had stood well back from early fall. Some people suffer from it Our water quality is also threatened. the beach—was canting toward the sea most acutely. It is most often caused Many of Rhode Island’s wastewater and tumbling into the ocean. The by ragweed pollen. Since 1995, ragweed treatment plants are in low-lying areas ocean had claimed his home of mul- season has increased across the coun- and flood zones near the coast. It is the tiple generations as its victim. try. It has increased by 13 days in story in many other States. In Cali- This map shows by ZIP code where Madison, WI. It has increased by 20 fornia, for example, the rising sea level the 800,000 people displaced by Hurri- days in Minneapolis, MN. It has in- has put 29 wastewater treatment cane Katrina sought refuge after that creased by almost 25 days in Fargo, plants, responsible for 530 million gal- terrible storm. Hundreds of thousands ND. The further north you go, the lons of sewage processing every day, at of people were strewn across every cor- greater the increase in the ragweed increased risk for flooding. ner of the country. Hundreds of thou- season. So for folks in Fargo, for in- As we know, climate change loads sands of lives were disrupted as a re- stance, it is 25 more days of sniffling the dice for more extreme weather: sult. and sneezing and 25 more days that heat waves, droughts, storms, all seri- Thankfully, not everybody is sleep- ragweed pollen might trigger a child’s ous threats to human health and safe- walking through these alarming reali- asthma attack. ty. Climate change has led to an in- ties. In 2010, Rhode Island created our Not only does more carbon dioxide in crease in the likelihood of severe heat Climate Change Commission, which the atmosphere mean warmer weather waves. Extreme heat causes heat ex- has identified risks to key infrastruc- and therefore longer pollen seasons, it haustion. It can cause heat stroke. The ture and is analyzing data from events also means a higher pollen count. At need for air-conditioning in heat waves such as Hurricane Sandy and the 2010 280 parts per million, which was the also strains the power infrastructure, flood. Other States have formed simi- concentration of atmospheric carbon which can cause electrical brownouts lar commissions. back in the year 1900, each ragweed and blackouts. This hinders emergency I brought last night to our Presi- plant would produce about 5 grams of services and exacerbates wildfires and dent’s State of the Union Address Gro- pollen. drought. These are the kinds of condi- ver Fugate, who is executive director At 370 parts per million, which is tions—from extreme heat—that led to of our Coastal Resources Management where we are now—year 2000 levels to literally tens of thousands of deaths in Council, which has to look at and ad- be precise—pollen production more the record-setting Russian heat wave dress every day and plan for the effects than doubles. It doubles again at 72 of 2010. of our rising sea level, increased storm parts per million, which is the con- Heavy rainfall can cause physical activity, and the risk that that por- centration that is now projected for damage, flooding erosion, and sewage tends to the shores of our ocean State. the year 2075. So as we work to im- overflow. The Environmental Protec- For the past 3 years, Rhode Island prove air quality and to reduce res- tion Agency estimates that 118,000 san- has also been part of a regional green- piratory illnesses and the allergic con- itary sewer overflows occur annually house gas initiative nicknamed ditions that trigger respiratory dis- from storms overwashing through com- ReGGie, along with our neighbors in tress, we need to fight the growing bined sewer systems, overloading those Connecticut, Delaware, Maine, Mary- trigger, climate change. systems, and being released directly land, Massachusetts, New Hampshire,

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.067 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S692 CONGRESSIONAL RECORD — SENATE February 13, 2013 New York, and Vermont. Our region indicated while assigned to a position of im- peared in the Congressional Record of Janu- caps carbon emissions and sells permits portance and responsibility under title 10, ary 23, 2013. to emit greenhouses gases to power- U.S.C., section 601: PN82 ARMY nominations (2) beginning plants. This has created economic in- To be lieutenant general Derek S. Reynolds, and ending Brian D. Maj. Gen. Kenneth E. Tovo Vogt, which nominations were received by centives for both the States and our the Senate and appeared in the Congres- utilities to invest in energy efficiency The following named officer for appoint- sional Record of January 23, 2013. and in renewable energy development. ment in the United States Army Nurse Corps PN83 ARMY nominations (2) beginning Ed- And consumers have reaped the benefit to the grade indicated under title 10, U.S.C., ward A. Figueroa, and ending Michael C. of lower prices. In 2012, regional emis- sections 624 and 3064: Vanhoven, which nominations were received sions were 45 percent below the annual To be brigadier general by the Senate and appeared in the Congres- cap, so just last week the State an- Col. Barbara R. Holcomb sional Record of January 23, 2013. nounced an agreement to cap future The following named officer for appoint- PN84 ARMY nominations (2) beginning emissions at the 2012 rate. ment in the United States Army Medical JACK C. MASON, and ending TODD B. I am proud of the work done in my Service Corps to the grade indicated under WAYTASHEK, which nominations were re- State, and I know the Presiding Offi- title 10, U.S.C., sections 624 and 3064: ceived by the Senate and appeared in the To be brigadier general Congressional Record of January 23, 2013. cer’s home State of Connecticut is PN85 ARMY nominations (79) beginning working equally hard on this issue. We Col. Patrick D. Sargent RUTH E. APONTE, and ending MICHAEL J. are working to both slow climate The following named officers for appoint- ZINNO, which nominations were received by change and to prepare for what are now ment in the United States Army Medical the Senate and appeared in the Congres- its inevitable effects. But sadly, when Corps to the grade indicated under title 10, sional Record of January 23, 2013. it comes to this particular threat to U.S.C., sections 624 and 3064: PN86 ARMY nominations (88) beginning our national security and our pros- To be major general LESLIE E. AKINS, and ending MARC W. perity, Congress is asleep. It is time for Brig. Gen. Brian C. Lein ZELNICK, which nominations were received us to wake up. The health and safety of Brig. Gen. Nadja Y. West by the Senate and appeared in the Congres- sional Record of January 23, 2013. Americans and of people all over the NOMINATIONS PLACED ON THE SECRETARY’S PN87 ARMY nominations (217) beginning DESK world is at risk. We must awaken to TIMOTHY G. ABRELL, and ending JOHN A. IN THE AIR FORCE what is happening in the world around ZULFER, which nominations were received us and to the fact that the carbon pol- PN70 AIR FORCE nomination of Kory D. by the Senate and appeared in the Congres- lution we are emitting is causing it. Bingham, which was received by the Senate sional Record of January 23, 2013. This is our responsibility. This is our and appeared in the Congressional Record of PN88 ARMY nominations (225) beginning generation’s responsibility. It is, in- January 23, 2013. RAFAEL E. ABREU, and ending R010075, PN71 AIR FORCE nominations (3) begin- which nominations were received by the Sen- deed, our duty. It is time for us to ning MICHAEL A. COOPER, and ending wake up. ate and appeared in the Congressional SUSAN MICHELLE MILLER, which nomina- Record of January 23, 2013. Mr. President, I yield the floor, and I tions were received by the Senate and ap- IN THE MARINE CORPS suggest the absence of a quorum. peared in the Congressional Record of Janu- The PRESIDING OFFICER. The ary 23, 2013. PN91 MARINE CORPS nomination of Jack- clerk will call the roll. PN72 AIR FORCE nominations (4) begin- ie W. Morgan, Jr., which was received by the The assistant legislative clerk pro- ning VICTOR DOUGLAS BROWN, and ending Senate and appeared in the Congressional ceeded to call the roll. RODNEY M. WAITE, which nominations Record of January 23, 2013. Mr. BLUMENTHAL. Mr. President, I were received by the Senate and appeared in PN92 MARINE CORPS nomination of Dana ask unanimous consent the order for the Congressional Record of January 23, 2013. R. Fike, which was received by the Senate the quorum call be rescinded. PN73 AIR FORCE nominations (4) begin- and appeared in the Congressional Record of The PRESIDING OFFICER (Mr. ning WALTER S. ADAMS, and ending CARL January 23, 2013. E. SUPPLEE, which nominations were re- PN93 MARINE CORPS nomination of Sam- HEINRICH). Without objection, it is so ceived by the Senate and appeared in the uel W. Spencer, III, which was received by ordered. Congressional Record of January 23, 2013. the Senate and appeared in the Congres- f PN74 AIR FORCE nominations (6) begin- sional Record of January 23, 2013. ning JOHN J. BARTRUM, and ending PN94 MARINE CORPS nomination of EXECUTIVE CALENDAR GEORGE L. VALENTINE, which nomina- Larry Miyamoto, which was received by the Mr. BLUMENTHAL. Mr. President, I tions were received by the Senate and ap- Senate and appeared in the Congressional ask unanimous consent that the Sen- peared in the Congressional Record of Janu- Record of January 23, 2013. ate consider the following nomina- ary 23, 2013. PN97 MARINE CORPS nominations (2) be- tions, Calendar Nos. 2, 3, 4, 5 and 6, and PN75 AIR FORCE nominations (8) begin- ginning GEORGE L. ROBERTS, and ending all nominations placed on the Sec- ning KIMBERLY L. BARBER, and ending PAUL A. SHIRLEY, which nominations were JANET L. SETNOR, which nominations were received by the Senate and appeared in the retary’s desk in the Air Force, Army, received by the Senate and appeared in the Congressional Record of January 23, 2013. Marine Corps, and Navy; that the Congressional Record of January 23, 2013. PN98 MARINE CORPS nominations (2) be- nominations be confirmed en bloc; the PN76 AIR FORCE nominations (11) begin- ginning RICHARD D. KOHLER, and ending motions to reconsider be considered ning DINA L. BERNSTEIN, and ending WIL- GARY J. SPINELLI, which nominations made and laid upon the table with no LIAM R. YOUNGBLOOD, which nominations were received by the Senate and appeared in intervening action or debate; that no were received by the Senate and appeared in the Congressional Record of January 23, 2013. further motions be in order to any of the Congressional Record of January 23, 2013. PN100 MARINE CORPS nominations (2) be- PN77 AIR FORCE nominations (12) begin- ginning ERIC T. CLINE, and ending ROBERT the nominations; that the President be ning TIMOTHY LEE BRININGER, and end- immediately notified of the Senate’s S. SCHMIDT, JR., which nominations were ing CHRISTOPHER J. RYAN, which nomina- received by the Senate and appeared in the action, and that the Senate then re- tions were received by the Senate and ap- Congressional Record of January 23, 2013. sume legislative session. peared in the Congressional Record of Janu- PN101 MARINE CORPS nominations (2) be- The PRESIDING OFFICER. Without ary 23, 2013. ginning JOSE L. SADA, and ending BRIAN objection, it is so ordered. PN78 AIR FORCE nominations (198) begin- J. SPOONER, which nominations were re- The nominations considered and con- ning FRANCIS XAVIER ALTIERI, and end- ceived by the Senate and appeared in the firmed en bloc are as follows: ing KEVIN M. ZELLER, which nominations Congressional Record of January 23, 2013. were received by the Senate and appeared in IN THE AIR FORCE PN102 MARINE CORPS nominations (3) be- the Congressional Record of January 23, 2013. The following named Air National Guard of ginning FREDERICK L. HUNT, and ending the United States officer for appointment in IN THE ARMY CHAD E. TIDWELL, which nominations were the Reserve of the Air Force to the grade in- PN79 ARMY nomination of Jonathan A. received by the Senate and appeared in the dicated while assigned to a position of im- Foskey, which was received by the Senate Congressional Record of January 23, 2013. portance and responsibility under title 10, and appeared in the Congressional Record of PN103 MARINE CORPS nominations (3) be- U.S.C., section 601: January 23, 2013. ginning TODD E. LOTSPEICH, and ending DONALD E. WILLIAMS, which nominations To be lieutenant general PN80 ARMY nomination of Marion J. Parks, which was received by the Senate and were received by the Senate and appeared in Maj. Gen. William H. Etter appeared in the Congressional Record of Jan- the Congressional Record of January 23, 2013. IN THE ARMY uary 23, 2013. PN104 MARINE CORPS nominations (3) be- The following named officer for appoint- PN81 ARMY nomination of Karen A. Pike, ginning JASON B. DAVIS, and ending JOHN ment in the United States Army to the grade which was received by the Senate and ap- F. REYNOLDS, JR., which nominations were

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.068 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S693 received by the Senate and appeared in the also certain that my colleagues in this I am fairly certain that when God Congressional Record of January 23, 2013. Chamber will agree that when it comes looked down on a newly elected Sen- PN105 MARINE CORPS nominations (3) be- to this institution, we can rightly ator from Utah during the final months ginning TRAVIS M. FULTON, and ending change that statement ever so slightly of 2010, He knew that any old chief of GARY S. LIDDELL, which nominations were received by the Senate and appeared in the to say, ‘‘So God Made a Chief of Staff.’’ staff wouldn’t do. So, in my case, he Congressional Record of January 23, 2013. My first chief of staff Spencer Stokes actually chose a farmer—a turkey PN106 MARINE CORPS nominations (4) be- is returning to Utah. He is also return- farmer, to be specific—from Bothwell, ginning BRYAN DELGADO, and ending ing to his family and to private life UT, named Spencer Stokes. RODOLFO D. QUISPE, which nominations after 2 extraordinary years serving me Spencer has been a truly outstanding were received by the Senate and appeared in in my office. I offer this in tribute to chief of staff. Doing the heavy lifting the Congressional Record of January 23, 2013. him and to all great chiefs of staff who and providing the Herculean effort re- PN107 MARINE CORPS nominations (4) be- labor here on Capitol Hill. quired to set up an office and build a ginning DAVID B. BLANN, and ending When God looked down on the Sen- ALLEN L. LEWIS, which nominations were staff from scratch proved to be Spen- received by the Senate and appeared in the ate, He realized that Senators alone cer’s forte. It proved to be easy for Congressional Record of January 23, 2013. could never keep things running and him—or at least he made it look easy. PN108 MARINE CORPS nominations (5) be- He said, I need a caretaker. So God He has an eye for detail like no other, ginning MICHAEL GASPERINI, and ending made a chief of staff. He needed some- though we occasionally need to remind TIMOTHY W. WILLIAMS, which nomina- one whose first thought in the morning him to ‘‘zoom out.’’ Straight chairs in tions were received by the Senate and ap- and last thought at night would be the conference room, straight desks, peared in the Congressional Record of Janu- about helping and serving a Senator; and even straight ties all set the stage ary 23, 2013. who would rise before dawn and orga- PN109 MARINE CORPS nominations (6) be- for straight talk about issues and pol- ginning STEPHEN R. BYRNES, and ending nize the day, set the strategy, deal icy and serving constituents. JAMES N. TIMMER, JR., which nominations with the thick and thin of things, and Spencer’s love of Utah and its people were received by the Senate and appeared in steer the Senator away from bad meet- is unequaled. As a first order of busi- the Congressional Record of January 23, 2013. ings, bad policy, and bad people; some- ness, he set out to make my office PN110 MARINE CORPS nominations (7) be- one who would work all day in and out something of an embassy for my State. ginning PETER K. BASABE, JR., and ending of the office, would skip holidays, So when you walk into our office, you MICHAEL A. YOUNG, which nominations birthdays, and parties in pursuit of are actually walking quite literally were received by the Senate and appeared in their service, who would stay past mid- into Utah. From the art on the walls to the Congressional Record of January 23, 2013. night waiting for a vote, and then be the naming of the conference rooms, IN THE NAVY willing to get up at the crack of dawn from our legendary JELL-O Wednesday PN115 NAVY nomination of Harry E. the next morning to do it all again. So to the staff reading of the smalltown Hayes, which was received by the Senate and God made a chief of staff. Utah newspapers each week—every- appeared in the Congressional Record of Jan- He needed someone with thick skin, uary 23, 2013. thing leads to an experience in our of- PN116 NAVY nomination of Shemeya L. strong will, and at the same time a soft fice, and everything in our office is an Grant, which was received by the Senate and touch; strong enough to herd cats, yet experience of Utah. appeared in the Congressional Record of Jan- gentle enough to comfort a grieving Spencer will long be remembered and uary 23, 2013. constituent or staff member; someone appreciated for his handwritten notes, PN117 NAVY nominations (2) beginning to call BS, tame the cantankerous bu- the best night tour in DC—a true CHRISTOPHER J. KANE, and ending LUKE reaucracy of government, creatively story—bringing people together, con- C. SUBER, which nominations were received solve problems big and small, and pa- fetti cannons, Utah fry sauce, lots of by the Senate and appeared in the Congres- tiently listen to a hostile constituent sional Record of January 23, 2013. laughter, and a tireless commitment to PN118 NAVY nominations (29) beginning with an axe to grind, and then tell that make bad things good and good things JEANINE F. BENJAMIN, and ending BEN- same constituent to come back again even better. JAMIN F. VISGER, which nominations were real soon—and mean it. So God made a From Spencer’s perspective, there received by the Senate and appeared in the chief of staff. are no small players in this great insti- Congressional Record of January 23, 2013. God said, I need someone who can tution that is the Senate. He did not f shape a staff, shine shoes, horse trade just preach that philosophy, he lived it for furniture and office space, navigate every single day he was here. As a tes- LEGISLATIVE SESSION a litany of ethics and rules require- tament to that, we noted that when we The PRESIDING OFFICER. Under ments, and play the role of cruise di- asked him to provide a list of all the the previous order, the Senate resumes rector for countless constituent tours people he wanted invited to his fare- legislative session. of Washington, DC; someone who will well party, at the top of Spencer’s list f put in a full 40 hours by Tuesday at there were people who were not nec- noon, and then put in another 72 hours essarily of high status. No, the top of MORNING BUSINESS on top of that by the end of the week. the list was reserved for the people who Mr. BLUMENTHAL. Mr. President, I So God made a chief of staff. really make this place go: cashiers and ask unanimous consent that the Sen- He had to have someone willing to cooks, security personnel, guides and ate proceed to a period of morning sprint at double speed to stay ahead of junior staff from nearly every corner of business with Senators permitted to a news story, and yet stop on a dime this building. speak for up to 10 minutes each. and pivot to help the real people of this I salute Spencer Stokes for his serv- The PRESIDING OFFICER. Without country, no matter the consequences, ice to this Nation, to this institution, objection, it is so ordered. no matter the circumstances, and re- and to the people of Utah. I salute f gardless of what the press might be Spencer for his service to me and my doing at the moment. He needed some- family. I will forever be thankful that TRIBUTE TO SPENCER STOKES one who, when the Senator becomes God made a chief of staff and especially Mr. LEE. Mr. President, I rise today surrounded by ‘‘yes’’ men is willing to thankful for a particularly extraor- to pay tribute to a special class of peo- say humbly yet firmly and resolutely, dinary chief of staff, Spencer Stokes. ple who are critical to the success of ‘‘No, sir.’’ So God made a chief of staff. f any U.S. Senator. He said, I need somebody strong During the recent Super Bowl game, enough to catch arrows, take heat, en- TRIBUTE TO U.S. MARSHAL DAVID one advertisement stood out among all dure withering criticism, and patiently DEMAG the others. It was an advertisement listen to angry voices; somebody who is Mr. LEAHY. Mr. President, one of based on a tribute taken from the great just fine with little prominence, praise, the great privileges in serving in the American Paul Harvey. It was entitled prestige, or perks, and who above all is U.S. Senate is the ability to make rec- ‘‘So God Made a Farmer.’’ While I re- fiercely loyal and forever has the Sen- ommendations to the President with spect and admire farmers greatly, espe- ator’s back. So God made a chief of respect to important nominations for cially those I know from Utah, I am staff. posts in our States. I was pleased 4

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.015 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S694 CONGRESSIONAL RECORD — SENATE February 13, 2013 years ago to recommend to President President Obama to head the U.S. Marshals tion, Patty’s passion for change led her Obama the nomination of David Demag Service’s Vermont Division. to become part of the U.S. delegation to be Vermont’s U.S. Marshal, and to Three months ago he created the Vermont to the United Nations General Assem- help move his nomination through the Violent Offender Task Force. The operation bly Special Sessions on AIDS, and was expanded the Marshals’ mission to include Judiciary Committee and Senate con- tracking down violent and habitual sex of- later appointed by President Obama in firmation. In fact, he was the first U.S. fenders. Statistically—these criminals pose a 2010 to chair the White House Council Marshal to be confirmed during the greater risk to the public. ‘‘The ones who are for Community Solutions. We have be- Obama administration. out of compliance top that list and are more come friends through our shared serv- Since his confirmation, Marshal likely to re-offend,’’ Demag said. ice on the Smithsonian Board of Re- Demag’s tireless devotion to reducing Demag said dedicating a full time team to gents, and she is active on the board of crime rates in Vermont has helped taking down non-compliant sex offenders— the Center for Global Development, make my home State a safe and com- on top of its regular fugitive finding mis- and is a member of the Circle of Allies sion—meant adding a state trooper and a fortable home for its residents. UVM police officer to the task force. But he and Champions for the National Coun- Marshal Demag began his career in said the plan is working. Since October cil of Youth Leaders. 1971 as a patrol officer for the Bur- they’ve arrested 39 federal and 40 state fugi- Patty’s dedication to philanthropy lington Police Department, where he tives. In 2012 fugitive arrests for state of- aligns perfectly with the mission of rose through the ranks as corporal, de- fenses jumped by 70 percent. ‘‘This is not a Martha’s Table. This nonprofit is more tective, sergeant, lieutenant, and later, place where fugitives or sex offenders can than a food pantry. Not only does Mar- commander. I have known Marshal come and hide,’’ said Chief Deputy U.S. Mar- tha’s Table supply more than 1,000 Demag throughout his career. He shal Bill Gerke. meals each day to hungry Washing- That’s the message the task force sent to served as chief of police for both the three high profile out-of-state fugitives on tonians, it also works to develop long- Essex and St. Albans Police Depart- the run in Vermont. The Marshals found term solutions to hunger and nutrition ments. He also was a member of the Philip Barr hiding out in Hardwick. He was issues, seeking an end to poverty. Mar- Burlington Police Department. He has wanted for a Florida murder. Robert tha’s Table helps to break the cycle of been a leader in Vermont in the fight Mulkern was arrested in Windsor for a Mary- poverty by providing education, nutri- against rural crime, and has spent his land sex assault and 149 counts of child por- tion, and family support services to life and career devoted to public serv- nography. And Clifford Moore was nabbed on hundreds of children and families. Mar- ice. his way to the airport, fleeing murder, sex tha’s Table is lucky to have someone assault and terrorism charges. Although the As a U.S. Marshal for Vermont, Dave task force gives priority to federal fugitives like Patty at the helm. I have no doubt Demag has remained dedicated to ar- identified as the ‘‘worst-of-the-worst,’’ she will successfully prepare the next resting the State’s most wanted fugi- they’ll also adopt state and local cases if generation of young people for a bright tives and sex offenders and his work in there’s a violent component to the crime. future. Patty’s self sacrifice and dedi- establishing the Vermont Violent Of- The Marshals have the tools, expertise and cation to ending poverty and hunger in fender Task Force has expanded the time that their state counterparts lack. ‘‘We our Nation’s Capital is to be com- ability of the U.S. Marshal’s office to are here as a resource for them,’’ Demag mended, and I wish her the best of luck catch violent and habitual sex offend- said. in her new role. Two weeks ago they helped local authori- I ask unanimous consent that an ar- ers. The task force has not only served ties locate Shane Phillips, a Johnson man as a tool for bringing law enforcement wanted for more than a decade for various ticle from The Washington Post enti- officials throughout the State to- violent crimes. He was hiding behind a false tled, ‘‘Patty Stonesifer, former CEO of gether, but has also improved wall in his family’s home. ‘‘The spirit and Gates Foundation, to lead D.C. food Vermont’s track record for fugitive ar- the actual cooperation has never been better pantry,’’ be printed in the RECORD. rests to 70 percent while reinvesting as- than it is presently,’’ Gerke said. The life- There being no objection, the mate- sets seized from criminals to address long Deputy Marshal said interagency co- rial was ordered to be printed in the the needs of State and local law en- operation is the key to slowing down the RECORD, as follows: state’s ongoing violent crime and preventing forcement. These results are making a out-of-state organized crime from getting a [The Washington Post, January 29, 2013] real difference in the lives of foothold in Vermont. ‘‘Vermont will not har- PATTY STONESIFER, FORMER CEO OF GATES Vermonters across the State and bor that type of activity,’’ he added. FOUNDATION, TO LEAD D.C. FOOD PANTRY should serve as a model for how Fed- The task force is funded by the federal gov- (By Steve Hendrix) eral and State law enforcement can ernment. Assets seized from the criminals It took about six months after moving to work together around the country. are then reinvested in state and local law en- Washington for Patty Stonesifer to find her One of Vermont’s local news stations, forcement—paying overtime if they help new job. As the former chief executive of the WCAX, recently ran a story high- with compliance checks—as well as outfit- Bill and Melinda Gates Foundation, she had lighting these accomplishments, and I ting them with critical safety equipment and a lot of corner-office options to sift through, vehicles. ask unanimous consent that a copy of including a university presidency and the that story be printed in the RECORD at f top jobs at a national charity and an inter- the conclusion of my remarks. I look national development agency. TRIBUTE TO PATTY STONESIFER Her choice? She’s going to run Martha’s forward to Marshal Demag’s continued Table on 14th Street NW. Starting April 1, partnership with state and local law Mr. LEAHY. Mr. President, it is easy from our perch on Capitol Hill to some- she will take over the well-regarded but de- enforcement in Vermont. cidedly local food pantry and family-services The PRESIDING OFFICER. Without times forget about the city that sur- nonprofit organization. objection, it is so ordered. rounds us. Like so many communities Stonesifer, 56, who oversaw the Gates (See exhibit 1.) across the country, urban and rural, Foundation endowment of $39 billion and a Mr. LEAHY. I look forward to Mar- Washington, D.C. wrestles with a popu- staff of more than 500 for nine years, will shal Demag’s continued partnership lation in poverty. Soon, those people manage the D.C. charity’s $6 million budget, 81 paid employees, three vans and thrift with State and local law enforcement will have a new advocate at the head of one of the Nation’s capital’s leading or- shop. in Vermont. Martha’s Table plans an official announce- ganizations focused on ending the cycle EXHIBIT 1 ment Wednesday. But as word of Stonesifer’s of poverty among local youth and [WCAX—Vermont, January 28, 2013] unexpected career move began to circulate adults. Starting in April, Patty in recent days, it inspired twin reactions: U.S. MARSHALS MAKING AN IMPACT IN Stonesifer will become the new C.E.O. ‘‘Wow!’’ and ‘‘Why?’’ VERMONT and President of Martha’s Table. Overachievers usually work their way from (By Jennifer Reading) Patty devoted 9 years of her life to small to big. Having Stonesifer come run a BURLINGTON, VT.—Five faces represent the work of the Gates Foundation. As small local charity is like General Electric Vermont’s most wanted. Two have been its chief executive officer, she helped business titan Jack Welch showing up to caught, but the remaining three fugitives are manage the corner appliance store, or one of prime targets for the U.S. Marshals Service. the foundation become the largest phil- the Super Bowl-bound Harbaugh brothers de- ‘‘It’s a real good area to attack to make anthropic institution in the world ciding to coach high school football. our communities safer here in Vermont,’’ while taking no salary for herself. ‘‘If you just look at my re´sume´, I find that said David Demag, who was appointed by After her time at the Gates Founda- I have to explain this,’’ Stonesifer said last

VerDate Mar 15 2010 05:29 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.023 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S695 week at the temporary office she’d estab- with Stonesifer in their living room after her Stonesifer hesitated. ‘‘I’m going to.’’ lished at a Busboys and Poets table across coffee-shop meetings were over. The walls ‘‘It’s a good charity,’’ the man said. He the street from her new home base. In be- were covered with paintings by Seattle art- picks up volunteers there all the time, he ex- tween a series of briefings from Martha’s ists, misty mountain ranges and tulip fields. plained, young people who need a ride home. Table managers, she tried to explain how a ‘‘But I shouldn’t have been surprised. You Thinking of his own two children in Virginia top-of-the-charts philanthropy pro came to said you wanted to do something hands-on.’’ colleges, he doesn’t take their money. match fates with an ambitious local charity. ‘‘You didn’t really believe me,’’ she said. ‘‘You’d have to be mentally handicapped to ‘‘But if you know me, I don’t have to ex- ‘‘You thought I should be a university head.’’ charge somebody doing what they do,’’ he plain it at all,’’ she said. ‘‘I absolutely think ‘‘Yes, run a college,’’ he said, ‘‘maybe the said. ‘‘You work for Martha’s Table, I won’t I can help Martha’s Table, but this is going World Bank.’’ charge you, either.’’ to be wonderful for me.’’ ‘‘It’s nice to have a husband who thinks Stonesifer put a hand on his shoulder, even A shift in scale you can do anything.’’ She leaned over to pat as she insisted he take the money from her Cathy Sulzberger, the head of the Martha’s his leg. hand. ‘‘You dear, sweet man,’’ she said. ‘‘God ‘‘You’ll get your turn at running Hewlett- Table board of directors, was in a taxicab bless you.’’ last fall when she got a call from the head- Packard, I assume,’’ Kinsley said. On the curb, she exulted. She shot him a look. hunter leading the board’s search for a new ‘‘Joke! Joke!’’ he said. ‘‘That’s the power of Martha’s Table,’’ she leader: A surprising—and exciting—can- The right person said. ‘‘A man driving a cab and putting two didate had applied. First she had to get this job. kids through school. That’s what we have to ‘‘Honestly, my first response was, ‘Is Patty ‘‘Even if she comes from a major philan- work with. I’m so excited.’’ Stonesifer sure she wants this kind of job?’ ’’ thropy and is so well-known, we had to make f recalled Sulzberger. sure we were hiring the right person for Mar- Running the 33-year-old nonprofit group tha’s Table,’’ Sulzberger said of the long vet- TRIBUTE TO DR. LARRY D. TYLER will certainly be a shift in scale. Under ting Stonesifer went through. ‘‘This may be Mr. MCCONNELL. Mr. President, I Stonesifer, the Gates Foundation became the a smaller stage, but it’s not a small job for rise today to recognize a distinguished largest philanthropic institution in the anybody.’’ world. It has set colossal, planet-shifting Martha’s Table started in 1980 as a place Kentuckian, a pillar of the Louisville goals for itself: eradicating polio and ma- for hungry students to get an after-school community and a fixture at the Uni- laria, transforming American high schools, sandwich. Its ‘‘McKenna’s Wagon’’ food vans versity of Louisville, and a very good and more. have been mealtime fixtures at McPherson friend of mine. Dr. Larry D. Tyler is a Before that, Stonesifer was a senior vice Square and other gathering spots for the professor of engineering fundamentals, president at Microsoft responsible for devel- homeless for decades. Now, it serves more and this year he celebrates 50 years of oping MSNBC, Encarta and Slate magazine than 1,100 people a day with meals and early- service with UofL’s J.B. Speed School (now owned by The Washington Post Co.). childhood and after-school programs. More recently, President Obama asked her The group’s legion of volunteers is leg- of Engineering. to chair his White House Council for Commu- endary: A roll of more than 10,000 school Dr. Tyler earned his original appoint- nity Solutions, and she has just wrapped up kids, poor people and the occasional presi- ment at UofL as an engineering in- a stint as chairman of the Smithsonian In- dent who chop vegetables and build sand- structor in 1963. He received tenure in stitution’s Board of Regents. Stonesifer has wiches. 1970. He has taught more than 30 dif- appeared on Time magazine’s annual list of Now, the organization wants to make a ferent courses in the fields of engineer- the 25 Most Influential People. She is mar- leap. ‘‘I think Martha’s Table is ready for the ing mathematics and mechanical, in- ried to journalist and founding Slate editor dustrial, chemical, and civil engineer- Michael Kinsley. She is a boldface name. next stage,’’ said Linda Moore, founder of ‘‘There is no phone call that Patty would the E.W. Stokes Charter School in Northeast ing. He has created innovative instruc- make that wouldn’t be returned, none at Washington and longtime board member. tional methodologies for core engineer- all,’’ said Diana Aviv, president of Inde- ‘‘Even though I’m not sure what that is, we ing mathematics courses, including pendent Sector, a Washington-based coali- were looking for a leader to take us there.’’ early detection of prerequisite weak- Stonesifer got the job. The head of the tion of nonprofit groups and foundations. nesses. Soon after leaving the Gates Foundation in Gates Foundation U.S. programs, Allan Golston, sent congratulations. So did Sylvia Dr. Tyler has earned all of his de- 2008, Stonesifer and Kinsley began splitting grees at the University of Louisville: their time between Seattle and the District, Burwell, president of the Walmart Founda- where he used to live and where she has a tion. Even Stonesifer’s old boss thought it his undergraduate degree in mechan- daughter from a previous marriage working was a good move. ical engineering, a master’s in mathe- ‘‘I think it blends all the elements she at USAID. Last year, Kinsley accepted an matics, a master’s of mechanical engi- loves in philanthropy,’’ Melinda Gates said editor’s job at the New Republic magazine, neering, and a Ph.D. in engineering and by e-mail. ‘‘Even when living in Seattle, she and they decided to make the District their did hands-on work at a local charity—anony- physics. Along the way he has been full-time home. mously. That type of work keeps you published in peer-review journals and Stonesifer has been wealthy since piling up grounded in the real issues in people’s lives.’’ presented at international conferences tens of millions in Microsoft stock in the Again, she will work for free, but she will on engineering design and automation. company’s early years. (She also became a also work for real. She expects long hours. director at Amazon.com before it went pub- He won the Speed School’s Outstanding This is not, she insisted (with some heat) a lic and remains on that company’s board.) Teacher Award in 1975, 1980, and 1983, ‘‘retirement’’ job. But she retains the modest bent of the Indi- She’s heard that one before, after she left the University Faculty Favorite Award ana Catholic who grew up with eight siblings Microsoft and agreed to run Bill Gates’s li- in 2007, the Speed School Alumni Out- in a house where volunteerism was as reg- brary initiative. standing Teaching Award in 2007, the ular as making the bed. She took no salary ‘‘ ‘Oh, she’s going to convert libraries to University of Louisville’s Distin- while running the Gates Foundation. the Internet, how sweet.’ Well, it wasn’t guished Teaching Award in 2008, and After the couple bought a restored brown- sweet at all,’’ Stonesifer said. ‘‘We added the Departmental Professor of the Year stone near Dupont Circle, Stonesifer began 11,000 libraries to the Web, and that group exploring Washington by foot and Metro. Award in 2012. went on to become the Bill and Melinda Larry has served as a faculty advisor ‘‘I was amazed at how there is a city with- Gates Foundation.’’ in a city here,’’ she said, reeling off the No stepping back. to many fraternity student chapters, stats: 110,000 households live in poverty, one On a taxi ride from her house to a meeting and here I should mention that Larry in three households with children can’t af- of philanthropy leaders at the Hotel Monaco, and I are old friends. Not only did we ford enough food. ‘‘This idea that the Dis- she described her biggest concern: that peo- attend UofL together as undergradu- trict has so much child hunger, it’s mind- ple will assume she can connect a funding ates, we were both members of Phi Tau boggling.’’ hose from Martha’s Table to the Gates Foun- fraternity together; in fact, we were in Stonesifer decided she needed some time in dation and the coffers will be full forever. the trenches. Nothing would teach her, and Not gonna happen. the same pledge class. So I’ve had the her peers in the foundation world, more ‘‘That’s not what they do, and that’s not pleasure of seeing Larry grow into the about these intractable problems than con- what Martha’s Table needs,’’ she said. ‘‘The incredibly accomplished and respected fronting them, year after year, in the faces strength of Martha’s Table is in the thou- professor that we knew he was always of the people who suffer them. sands of small donors and volunteers that meant to be. And then she saw the CEO-wanted ad for ensure we deliver services every day. I don’t Larry, it has been a privilege to walk Martha’s Table. want my coming here to make people step alongside you for these many years. I ‘‘I decided to raise my hand,’’ she said. back in any way.’’ Her husband said he was surprised, at first. The cabdriver leaned back. ‘‘You work for know that we both care deeply about ‘‘I said, ‘Are you going to be adding the Martha’s Table?’’ he asked in a strong Ethio- our wonderful hometown of Louisville, salt to the soup?’ ’’ Kinsley recalled, sitting pian accent. and we have both dedicated our careers

VerDate Mar 15 2010 05:29 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.061 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S696 CONGRESSIONAL RECORD — SENATE February 13, 2013 to serving the people of Louisville and stitute a quorum for the purpose of lize testimony previously taken on bills and giving back to this city by our own transacting business: provided, no measure measures similar to those before it for con- contribution. On this occasion to cele- or matter shall be ordered reported unless sideration. Rule 10.—Should a subcommittee fail to re- brate your success, I say, well done. such majority shall include at least one member of the minority who is a member of port back to the full committee on any Larry’s teaching philosophy is to be the subcommittee. If, at any subcommittee measure within a reasonable time, the chair- both student- and content-centered, in meeting, a measure or matter cannot be or- man may withdraw the measure from such order to instill the qualities of desire, dered reported because of the absence of such subcommittee and report that fact to the determination, and dedication in his a minority member, the measure or matter full committee for further disposition. students because, as he says, ‘‘success shall lay over for a day. If the presence of a Rule 11.—No subcommittee may schedule a in any endeavor requires all three.’’ member of the minority is not then ob- meeting or hearing at a time designated for The life and career of Dr. Tyler is cer- tained, a majority of the members of the a hearing or meeting of the full committee. No more than one subcommittee executive tainly proof that if you have those subcommittee, actually present, may order such measure or matter reported. meeting may be held at the same time. three qualities, you can go very far. (c) No measure or matter shall be ordered Rule 12.—It shall be the duty of the chair- Mr. President, I would ask my U.S. reported from the committee or a sub- man in accordance with section 133(c) of the Senate colleagues to join me in recog- committee unless a majority of the com- Legislative Reorganization Act of 1946, as nizing the accomplishments of Dr. mittee or subcommittee is physically amended, to report or cause to be reported to Larry D. Tyler, and congratulating present. the Senate, any measure or recommendation him upon his 50 years of successful Rule 5.—With the approval of the chairman approved by the committee and to take or service with UofL’s J.B. Speed School of the committee or subcommittee, one cause to be taken, necessary steps to bring the matter to a vote in the Senate. of Engineering. I hope he continues to member thereof may conduct public hearings other than taking sworn testimony. Rule 13.—Whenever a meeting of the com- lead our university and our city on- Rule 6.—Proxy voting shall be allowed on mittee or subcommittee is closed pursuant ward and upward for many years to all measures and matters before the com- to the provisions of subsection (b) or (d) of come. mittee or a subcommittee if the absent rule 26.5 of the Standing Rules of the Senate, f member has been informed of the matter on no person other than members of the com- which he is being recorded and has affirma- mittee, members of the staff of the com- COMMITTEE ON HEALTH, EDU- tively requested that he be so recorded. mittee, and designated assistants to mem- CATION, LABOR, AND PENSIONS While proxies may be voted on a motion to bers of the committee shall be permitted to report a measure or matter from the com- attend such closed session, except by special mittee, such a motion shall also require the dispensation of the committee or sub- RULES OF PROCEDURE concurrence of a majority of the members committee or the chairman thereof. Rule 14.—The chairman of the committee Mr. HARKIN. Mr. President, in ac- who are actually present at the time such action is taken. or a subcommittee shall be empowered to ad- cordance with rule XXVI.2 of the The committee may poll any matters of journ any meeting of the committee or a Standing Rules of the Senate, I submit committee business as a matter of unani- subcommittee if a quorum is not present for publication in the CONGRESSIONAL mous consent; provided that every member within fifteen minutes of the time schedule RECORD the Rules of Procedure for the is polled and every poll consists of the fol- for such meeting. Committee on Health, Education, lowing two questions: Rule 15.—Whenever a bill or joint resolu- Labor, and Pensions, as unanimously (1) Do you agree or disagree to poll the pro- tion shall be before the committee or a sub- posal; and committee for final consideration, the clerk adopted by the Committee on February (2) Do you favor or oppose the proposal. shall distribute to each member of the com- 13, 2013. Rule 7.—There shall be prepared and kept a mittee or subcommittee a document, pre- I ask unanimous consent that the complete transcript or electronic recording pared by the sponsor of the bill or joint reso- text of the Rules of Procedure be print- adequate to fully record the proceedings of lution. If the bill or joint resolution has no ed in the RECORD. each committee or subcommittee meeting or underlying statutory language, the docu- There being no objection, the mate- conference whether or not such meetings or ment shall consist of a detailed summary of rial was ordered to be printed in the any part thereof is closed pursuant to the the purpose and impact of each section. If RECORD, as follows: specific provisions of subsections (b) and (d) the bill or joint resolution repeals or amends of rule 26.5 of the Standing Rules of the Sen- any statute or part thereof, the document COMMITTEE ON HEALTH, EDUCATION, LABOR, ate, unless a majority of said members vote shall consist of a detailed summary of the AND PENSIONS to forgo such a record. Such records shall underlying statute and the proposed changes UNITED STATES SENATE, RULES OF contain the vote cast by each member of the in each section of the underlying law and ei- PROCEDURE, 113TH CONGRESS committee or subcommittee on any question ther a print of the statute or the part or sec- Rule 1.—Subject to the provisions of rule on which a ‘‘yea and nay’’ vote is demanded, tion thereof to be amended or replaced show- XXVI, paragraph 5, of the Standing Rules of and shall be available for inspection by any ing by stricken-through type, the part or the Senate, regular meetings of the com- committee member. The clerk of the com- parts to be omitted and, in italics, the mat- mittee shall be held on the second and fourth mittee, or the clerk’s designee, shall have ter proposed to be added, along with a sum- Wednesday of each month, at 10:00 a.m., in the responsibility to make appropriate ar- mary of the proposed changes; or a side-by- room SD–430, Dirksen Senate Office Build- rangements to implement this rule. side document showing a comparison of cur- ing. The chairman may, upon proper notice, Rule 8.—The committee and each sub- rent law, the proposed legislative changes, call such additional meetings as he may committee shall undertake, consistent with and a detailed description of the proposed deem necessary. the provisions of rule XXVI, paragraph 4, of changes. Rule 2.—The chairman of the committee or the Standing Rules of the Senate, to issue Rule 16.—An appropriate opportunity shall of a subcommittee, or if the chairman is not public announcement of any hearing or exec- be given the minority to examine the pro- present, the ranking majority member utive session it intends to hold at least one posed text of committee reports prior to present, shall preside at all meetings. The week prior to the commencement of such their filing or publication. In the event there chairman may designate the ranking minor- hearing or executive session. In the case of are supplemental, minority, or additional ity member to preside at hearings of the an executive session, the text of any bill or views, an appropriate opportunity shall be committee or subcommittee. joint resolution to be considered must be given the majority to examine the proposed Rule 3.—Meetings of the committee or a provided to the chairman for prompt elec- text prior to filing or publication. Unless the subcommittee, including meetings to con- tronic distribution to the members of the chairman and ranking minority member duct hearings, shall be open to the public ex- committee. agree on a shorter period of time, the minor- cept as otherwise specifically provided in Rule 9.—The committee or a subcommittee ity shall have no fewer than three business subsections (b) and (d) of rule 26.5 of the shall require all witnesses heard before it to days to prepare supplemental, minority or Standing Rules of the Senate. file written statements of their proposed tes- additional views for inclusion in a com- Rule 4.—(a) Subject to paragraph (b), one- timony at least 24 hours before a hearing, mittee report from the time the majority third of the membership of the committee, unless the chairman and the ranking minor- makes the proposed text of the committee actually present, shall constitute a quorum ity member determine that there is good report available to the minority. for the purpose of transacting business. Any cause for failure to so file, and to limit their Rule 17.—(a) The committee, or any sub- quorum of the committee which is composed oral presentation to brief summaries of their committee, may issue subpoenas, or hold of less than a majority of the members of the arguments. Testimony may be filed elec- hearings to take sworn testimony or hear committee shall include at least one member tronically. The presiding officer at any hear- subpoenaed witnesses, only if such investiga- of the majority and one member of the mi- ing is authorized to limit the time of each tive activity has been authorized by major- nority. witness appearing before the committee or a ity vote of the committee. (b) A majority of the members of a sub- subcommittee. The committee or a sub- (b) For the purpose of holding a hearing to committee, actually present, shall con- committee shall, as far as practicable, uti- take sworn testimony or hear subpoenaed

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.014 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S697 witnesses, three members of the committee be initiated until at least five days after the committee so that there may be full and fair or subcommittee shall constitute a quorum: nominee submits the form required by this consideration of each bill which the com- provided, with the concurrence of the chair- rule unless the chairman, with the concur- mittee or a subcommittee is marking up the man and ranking minority member of the rence of the ranking minority member, following procedures should be followed: committee or subcommittee, a single mem- waives this waiting period. 1. Seven days prior to the proposed date for ber may hear subpoenaed witnesses or take Rule 19.—Subject to statutory require- an executive session for the purpose of mark- sworn testimony. ments imposed on the committee with re- ing up bills the committee or subcommittee (c) The committee may, by a majority spect to procedure, the rules of the com- (as appropriate) should provide written no- vote, delegate the authority to issue sub- mittee may be changed, modified, amended tice to each of its members as to the time, poenas to the chairman of the committee or or suspended at any time; provided, not less place, and specific subject matter of such a subcommittee, or to any member des- than a majority of the entire membership so session, including an agenda listing each bill ignated by such chairman. Prior to the determine at a regular meeting with due no- or other matters to be considered and includ- issuance of each subpoena, the ranking mi- tice, or at a meeting specifically called for ing: nority member of the committee or sub- that purpose. (a) a copy of each bill, joint resolution, or committee, and any other member so re- Rule 20.—When the ratio of members on the other legislative matter (or committee print questing, shall be notified regarding the committee is even, the term ‘‘majority’’ as thereof) to be considered at such executive identity of the person to whom it will be used in the committee’s rules and guidelines session; and issued and the nature of the information shall refer to the party of the chairman for (b) a copy of a summary of the provisions sought and its relationship to the authorized purposes of party identification. Numerical of each bill, joint resolution, or other legis- investigative activity, except where the requirements for quorums, votes and the like lative matter to be considered at such execu- chairman of the committee or sub- shall be unaffected. tive session including, whenever possible, an Rule 21.—First degree amendments must be committee, in consultation with the ranking explanation of changes to existing law pro- filed with the chairman at least 24 hours be- minority member, determines that such no- posed to be made. fore an executive session. The chairman tice would unduly impede the investigation. 2. Insofar as practical, prior to the sched- All information obtained pursuant to such shall promptly distribute all filed amend- ments electronically to the members of the uled date for an executive session for the investigative activity shall be made avail- purpose of marking up bills, the committee able as promptly as possible to each member committee. The chairman may modify the filing requirements to meet special cir- or a subcommittee (as appropriate) should of the committee requesting same, or to any cumstances with the concurrence of the provide each member with a copy of the assistant to a member of the committee des- ranking minority member. printed record or a summary of any hearings ignated by such member in writing, but the Rule 22.—In addition to the foregoing, the conducted by the committee or a sub- use of any such information is subject to re- proceedings of the committee shall be gov- committee with respect to each bill, joint strictions imposed by the rules of the Sen- erned by the Standing Rules of the Senate resolution, or other legislative matter to be ate. Such information, to the extent that it and the provisions of the Legislative Reorga- considered at such executive session. is relevant to the investigation shall, if re- nization Act of 1946, as amended. quested by a member, be summarized in f writing as soon as practicable. Upon the re- GUIDELINES OF THE SENATE COMMITTEE ON TRIBUTE TO ARIZONA VA quest of any member, the chairman of the HEALTH, EDUCATION, LABOR, AND PENSIONS MEDICAL STAFF committee or subcommittee shall call an ex- WITH RESPECT TO HEARINGS, MARKUP SES- ecutive session to discuss such investigative SIONS, AND RELATED MATTERS Mr. HARKIN. Mr. President, on Janu- activity or the issuance of any subpoena in HEARINGS ary 31, one of the most unique and in- connection therewith. Section 133A(a) of the Legislative Reorga- teresting individuals I have ever known (d) Any witness summoned to testify at a passed away while receiving hospice hearing, or any witness giving sworn testi- nization Act requires each committee of the mony, may be accompanied by counsel of his Senate to publicly announce the date, place, care at the Southern Arizona VA own choosing who shall be permitted, while and subject matter of any hearing at least Health Care System. He was my broth- the witness is testifying, to advise him of his one week prior to the commencement of such er-in-law, Joe McQuaid, a 92-year-old legal rights. hearing. veteran of the Second World War. (e) No confidential testimony taken or con- The spirit of this requirement is to assure I will have more to say about this fidential material presented in an executive adequate notice to the public and other Members of the Senate as to the time and unique individual at a later date. But, hearing, or any report of the proceedings of today, I want to express my deep grati- such an executive hearing, shall be made subject matter of proposed hearings. In the public, either in whole or in part or by way spirit of section 133A(a) and in order to as- tude to all of the wonderful profes- of summary, unless authorized by a majority sure that members of the committee are sionals at the Southern Arizona VA of the members of the committee or sub- themselves fully informed and involved in Health Care System for the extraor- committee. the development of hearings: dinary care they gave to him in the Rule 18.—Presidential nominees shall sub- 1. Public notice of the date, place, and sub- last 2 months of his life. mit a statement of their background and fi- ject matter of each committee or sub- committee hearing should be inserted in the Joe McQuaid was a strapping 6 feet 4 nancial interests, including the financial in- inches. He was healthy all of his life terests of their spouse and children living in Congressional Record seven days prior to the their household, on a form approved by the commencement of such hearing. until last November 15. On that day, committee which shall be sworn to as to its 2. At least seven days prior to public notice after his daily exercise, he fell in a completeness and accuracy. The committee of each committee or subcommittee hearing, freak accident and broke his hip. He form shall be in two parts— (I) information the majority should provide notice to the was operated on at the Tucson VA hos- relating to employment, education and back- minority of the time, place and specific sub- pital, and his hip seemed to be healing ground of the nominee relating to the posi- ject matter of such hearing. 3. At least three days prior to the date of just fine. But after being transferred to tion to which the individual is nominated, such hearing, the committee or sub- a local rehabilitation facility, Joe fell and which is to be made public; and, (II) information relating to financial and committee should provide to each member a again and re-broke his hip. He was re- other background of the nominee, to be made list of witnesses who have been or are pro- admitted to the VA hospital, but his public when the committee determines that posed to be invited to appear. condition deteriorated rapidly and he 4. The committee and its subcommittee such information bears directly on the nomi- passed away on January 31. should, to the maximum feasible extent, en- nee’s qualifications to hold the position to force the provisions of rule 9 of the com- The personnel at the VA medical cen- which the individual is nominated. ter in Tucson could not have been more Information relating to background and fi- mittee rules as it relates to the submission of written statements of witnesses twenty- professional, skilled, and compas- nancial interests (parts I and II) shall not be sionate in the care they gave to Joe required of nominees for less than full-time four hours in advance of a hearing. Witnesses appointments to councils, commissions or will be urged to submit testimony even ear- McQuaid in those final two months. boards when the committee determines that lier whenever possible. When statements are They did everything possible to treat some or all of the information is not rel- received in advance of a hearing, the com- his injury and help him to recover. But evant to the nature of the position. Informa- mittee or subcommittee (as appropriate) once it became clear that recovery was tion relating to other background and finan- should distribute copies of such statements to each of its members. Witness testimony not possible, they took wonderful care cial interests (part II) shall not be required of him, admitting him to hospice care, of any nominee when the committee deter- may be submitted and distributed electroni- cally. attending to his needs, and ensuring mines that it is not relevant to the nature of that he had a gentle passing. the position. EXECUTIVE SESSIONS FOR THE PURPOSE OF Committee action on a nomination, includ- MARKING UP BILLS As a veteran myself, during all my ing hearings or meetings to consider a mo- In order to expedite the process of marking years in Congress I have always been tion to recommend confirmation, shall not up bills and to assist each member of the very supportive of our VA system and

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.028 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S698 CONGRESSIONAL RECORD — SENATE February 13, 2013 our veterans. I have long believed that There being no objection, the mate- RULE 2—SUBCOMMITTEES our nation has a sacred obligation to rial was ordered to be printed in the (a) Creation.—Unless otherwise authorized those who have borne the burdens of RECORD, as follows: by law or Senate resolution, subcommittees shall be created by majority vote of the com- battle and national defense, and we RULES OF THE COMMITTEE ON FOREIGN mittee and shall deal with such legislation must ensure that they have access to RELATIONS and oversight of programs and policies as the first-rate health care. (Adopted February 13, 2013) committee directs. Legislative measures or So it was with great pride that I had RULE 1—JURISDICTION other matters may be referred to a sub- this opportunity to witness firsthand (a) Substantive.—In accordance with Senate committee for consideration in the discre- the extraordinary care and attention Rule XXV.1(j), the jurisdiction of the com- tion of the chairman or by vote of a majority that staff members at the Tucson VA mittee shall extend to all proposed legisla- of the committee. If the principal subject center were giving to this 92-year-old tion, messages, petitions, memorials, and matter of a measure or matter to be referred veteran. other matters relating to the following sub- falls within the jurisdiction of more than one At the risk of leaving out the names jects: subcommittee, the chairman or the com- of others who cared for my brother-in- 1. Acquisition of land and buildings for em- mittee may refer the matter to two or more bassies and legations in foreign countries. subcommittees for joint consideration. law, I specifically want to thank and 2. Boundaries of the United States. (b) Assignments.—Assignments of members salute Jonathan Gardner, the director 3. Diplomatic service. to subcommittees shall be made in an equi- of the Southern Arizona VA Health 4. Foreign economic, military, technical, table fashion. No member of the committee Care System, for his leadership of that and humanitarian assistance. may receive assignment to a second sub- institution and for his many years of 5. Foreign loans. committee until, in order of seniority, all distinguished service to the VA sys- 6. International activities of the American members of the committee have chosen as- tem. Also Julianne French, a reg- National Red Cross and the International signments to one subcommittee, and no member shall receive assignments to a third istered nurse and administrative as- Committee of the Red Cross. 7. International aspects of nuclear energy, subcommittee until, in order of seniority, all sistant to the chief medical officer, including nuclear transfer policy. members have chosen assignments to two who was so responsive to my inquiries 8. International conferences and con- subcommittees. and calls. Also Dr. David Emelity, the gresses. No member of the committee may serve on acting chief of staff, Dr. Richard Hoff- 9. International law as it relates to foreign more than four subcommittees at any one man, and Dr. Joao Ferreira, all of who policy. time. took a deep personal interest in Joe’s 10. International Monetary Fund and other The chairman and ranking member of the international organizations established pri- committee shall be ex officio members, with- medical condition. out vote, of each subcommittee. And a special thank you to Glenda marily for international monetary purposes (except that, at the request of the Com- (c) Meetings.—Except when funds have been Riggs, clinical nurse leader in the in- mittee on Banking, Housing, and Urban Af- specifically made available by the Senate for tensive care unit, who cared for Joe fairs, any proposed legislation relating to a subcommittee purpose, no subcommittee of and went out of her way to keep me such subjects reported by the Committee on the Committee on Foreign Relations shall and members of Joe’s family informed Foreign Relations shall be referred to the hold hearings involving expenses without at every step of his treatment and care. Committee on Banking, Housing, and Urban prior approval of the chairman of the full I can’t speak too highly of Nurse Riggs’ Affairs). committee or by decision of the full com- 11. Intervention abroad and declarations of mittee. Meetings of subcommittees shall be skill and compassion, and her tireless scheduled after consultation with the chair- attention to all of her patients and war. 12. Measures to foster commercial inter- man of the committee with a view toward their families. course with foreign nations and to safeguard avoiding conflicts with meetings of other The Southern Arizona VA Health American business interests abroad. subcommittees insofar as possible. Meetings Care System has a wonderful team, 13. National security and international as- of subcommittees shall not be scheduled to with great leadership from Jonathan pects of trusteeships of the United States. conflict with meetings of the full committee. Gardner. It is clear to me that any vet- 14. Ocean and international environmental The proceedings of each subcommittee eran who comes through the doors of and scientific affairs as they relate to for- shall be governed by the rules of the full eign policy. committee, subject to such authorizations or that center is going to get superb limitations as the committee may from time treatment. 15. Protection of United States citizens abroad and expatriation. to time prescribe. I am proud of all the people who 16. Relations of the United States with for- RULE 3—MEETINGS work in America’s VA system, and I eign nations generally. (a) Regular Meeting Day.—The regular am grateful for the care they give to 17. Treaties and executive agreements, ex- meeting day of the Committee on Foreign our veterans. My recent experience, cept reciprocal trade agreements. Relations for the transaction of committee seeing firsthand the quality of care and 18. United Nations and its affiliated organi- business shall be on Tuesday of each week, the quality of staff at the center in zations. unless otherwise directed by the chairman. Tucson, reaffirms my faith in the VA 19. World Bank group, the regional devel- (b) Additional Meetings.—Additional meet- system and my respect for the great opment banks, and other international orga- ings and hearings of the committee may be nizations established primarily for develop- work they do. called by the chairman as he may deem nec- ment assistance purposes. essary. If at least three members of the com- Again, I just want to thank the en- The committee is also mandated by Senate mittee desire that a special meeting of the tire team at the Southern Arizona VA Rule XXV.1(j) to study and review, on a com- committee be called by the chairman, those Health Care System. Thank you for all prehensive basis, matters relating to the na- members may file in the offices of the com- you did for this 92-year-old World War tional security policy, foreign policy, and mittee their written request to the chairman II veteran, Joe McQuaid. And thank international economic policy as it relates for that special meeting. Immediately upon you for the same high-quality care you to foreign policy of the United States, and filing of the request, the chief clerk of the give to all of the veterans at the Tuc- matters relating to food, hunger, and nutri- committee shall notify the chairman of the tion in foreign countries, and report thereon son center. filing of the request. If, within three cal- from time to time. endar days after the filing of the request, the f (b) Oversight.—The committee also has a chairman does not call the requested special COMMITTEE ON FOREIGN responsibility under Senate Rule XXVI.8, meeting, to be held within seven calendar RELATIONS which provides that ‘‘.... each standing days after the filing of the request, a major- committee . . . shall review and study, on a ity of the members of the committee may continuing basis, the application, adminis- file in the offices of the committee their tration, and execution of those laws or parts written notice that a special meeting of the RULES OF PROCEDURE of laws, the subject matter of which is with- committee will be held, specifying the date Mr. MENENDEZ. Mr. President, pur- in the jurisdiction of the committee.’’ and hour of that special meeting. The com- suant to the requirements of paragraph (c) ‘‘Advice And Consent’’ Clauses.—The mittee shall meet on that date and hour. Im- 2 of Senate Rule XXVI, I ask unani- committee has a special responsibility to as- mediately upon the filing of the notice, the mous consent to have printed in the sist the Senate in its constitutional function clerk shall notify all members of the com- of providing ‘‘advice and consent’’ to all mittee that such special meeting will be held RECORD the rules of the Committee on treaties entered into by the United States and inform them of its date and hour. Foreign Relations for the 113th Con- and all nominations to the principal execu- (c) Hearings, Selection of Witnesses.—To en- gress adopted by the Committee on tive branch positions in the field of foreign sure that the issue which is the subject of February 13, 2013. policy and diplomacy. the hearing is presented as fully and fairly as

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.037 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S699 possible, whenever a hearing is conducted by cret in order to prevent undue injury to the shall be limited to 10 minutes. However, the committee or a subcommittee upon any competitive position of such person, or written statements of reasonable length may measure or matter, the ranking member of (6) may divulge matters required to be be submitted by witnesses and other inter- the committee or subcommittee may call an kept confidential under other provisions of ested persons who are unable to testify in equal number of non-governmental witnesses law or government regulations. person. selected by the ranking member to testify at A closed meeting may be opened by a ma- (c) Filing of Statements.—A witness appear- that hearing. jority vote of the committee. ing before the committee, or any sub- (d) Public Announcement.—Except as pro- (g) Staff Attendance.—A member of the committee thereof, shall submit an elec- vided in paragraph (1), the committee, or any committee may have one member of his or tronic copy of the written statement of his subcommittee thereof, shall make public an- her personal staff, for whom that member as- proposed testimony at least 24 hours prior to nouncement of the date, place, time, and sumes personal responsibility, accompany his appearance, unless this requirement is subject matter of any meeting or hearing to and be seated nearby at committee meet- waived by the chairman and the ranking be conducted on any measure or matter at ings. The chairman or ranking member may member following their determination that least one week in advance of such meetings authorize the attendance and seating of such there is good cause for failure to file such a or hearings, unless the chairman of the com- a staff member at committee meetings and statement. hearings where the member of the com- mittee, or subcommittee, in consultation (d) Expenses.—Only the chairman may au- mittee is not present. with the ranking member, determines that thorize expenditures of funds for the ex- there is good cause to begin such meeting or Each member of the committee may des- ignate members of his or her personal staff, penses of witnesses appearing before the hearing at an earlier date. committee or its subcommittees. (1) The committee shall make public an- for whom that member assumes personal re- (e) Requests.—Any witness called for a nouncement of a meeting on nominations at sponsibility, who holds, at minimum, a top hearing may submit a written request to the least three business days in advance of the secret security clearance, for the purpose of chairman no later than 24 hours in advance meeting unless the chairman of the com- their eligibility to attend closed sessions of for his testimony to be in closed or open ses- mittee, in consultation with the ranking the committee, subject to the same condi- sion, or for any other unusual procedure. The member, determines that there is good cause tions set forth for committee staff under chairman shall determine whether to grant to begin such meeting at an earlier date. Rules 12, 13, and 14. (e) Procedure.—Insofar as possible, pro- In addition, the majority leader and the any such request and shall notify the com- ceedings of the committee will be conducted minority leader of the Senate, if they are not mittee members of the request and of his de- without resort to the formalities of par- otherwise members of the committee, may cision. liamentary procedure and with due regard designate one member of their staff, for RULE 7—SUBPOENAS whom they assume personal responsibility, for the views of all members. Issues of proce- (a) Authorization.—The chairman or any and who holds, at minimum, a top secret se- dure which may arise from time to time other member of the committee, when au- curity clearance to attend closed sessions of shall be resolved by decision of the chair- thorized by a majority vote of the committee the committee, subject to the same condi- man, in consultation with the ranking mem- at a meeting or by proxies, shall have au- tions set forth for committee staff under ber. The chairman, in consultation with the thority to subpoena the attendance of wit- Rules 12, 13, and 14. Staff of other Senators ranking member, may also propose special nesses or the production of memoranda, doc- who are not members of the committee may procedures to govern the consideration of uments, records, or any other materials. At not attend closed sessions of the committee. particular matters by the committee. the request of any member of the committee, (f) Closed Sessions.—Each meeting of the Attendance of committee staff at meetings shall be limited to those designated by the the committee shall authorize the issuance Committee on Foreign Relations, or any sub- of a subpoena only at a meeting of the com- committee thereof, including meetings to staff director or the minority staff director. The committee, by majority vote, or the mittee. When the committee authorizes a conduct hearings, shall be open to the public, subpoena, it may be issued upon the signa- except that a meeting or series of meetings chairman, with the concurrence of the rank- ing member, may limit staff attendance at ture of the chairman or any other member by the committee or a subcommittee on the designated by the committee. same subject for a period of no more than 14 specified meetings. (b) Return.—A subpoena, or a request to an calendar days may be closed to the public on RULE 4—QUORUMS agency, for documents may be issued whose a motion made and seconded to go into (a) Testimony.—For the purpose of taking return shall occur at a time and place other closed session to discuss only whether the sworn or unsworn testimony at any duly than that of a scheduled committee meeting. matters enumerated in paragraphs (1) scheduled meeting a quorum of the com- A return on such a subpoena or request through (6) would require the meeting to be mittee and each subcommittee thereof shall which is incomplete or accompanied by an closed followed immediately by a record vote consist of one member. objection constitutes good cause for a hear- in open session by a majority of the members (b) Business.—A quorum for the transaction ing on shortened notice. Upon such a return, of the committee or subcommittee when it is of committee or subcommittee business, the chairman or any other member des- determined that the matters to be discussed other than for reporting a measure or rec- ignated by him may convene a hearing by or the testimony to be taken at such meet- ommendation to the Senate or the taking of giving 2 hours notice by telephone to all ing or meetings— testimony, shall consist of one-third of the other members. One member shall constitute (1) will disclose matters necessary to be members of the committee or subcommittee, a quorum for such a hearing. The sole pur- kept secret in the interests of national de- including at least one member from each pose of such a hearing shall be to elucidate fense or the confidential conduct of the for- party. eign relations of the United States; (c) Reporting.—A majority of the member- further information about the return and to (2) will relate solely to matters of com- ship of the committee, including at least one rule on the objection. mittee staff personnel or internal staff man- member from each party, shall constitute a (c) Depositions.—At the direction of the agement or procedure; quorum for reporting any measure or rec- committee, staff is authorized to take depo- (3) will tend to charge an individual with ommendation to the Senate. No measure or sitions from witnesses. crime or misconduct; to disgrace or injure recommendation shall be ordered reported RULE 8—REPORTS the professional standing of an individual, or from the committee unless a majority of the (a) Filing.—When the committee has or- otherwise to expose an individual to public committee members is physically present, dered a measure or recommendation re- contempt or obloquy, or will represent a and a majority of those present concurs. ported, the report thereon shall be filed in clearly unwarranted invasion of the privacy RULE 5—PROXIES of an individual; the Senate at the earliest practicable time. Proxies must be in writing with the signa- (4) will disclose the identity of any in- (b) Supplemental, Minority and Additional ture of the absent member. Subject to the re- former or law enforcement agent or will dis- Views.—A member of the committee who quirements of Rule 4 for the physical pres- close any information relating to the inves- gives notice of his intentions to file supple- ence of a quorum to report a matter, proxy tigation or prosecution of a criminal offense mental, minority, or additional views at the voting shall be allowed on all measures and that is required to be kept secret in the in- time of final committee approval of a meas- matters before the committee. However, terests of effective law enforcement; ure or matter, shall be entitled to not less (5) will disclose information relating to the proxies shall not be voted on a measure or than 3 calendar days in which to file such trade secrets or financial or commercial in- matter except when the absent member has views, in writing, with the chief clerk of the formation pertaining specifically to a given been informed of the matter on which he is committee, with the 3 days to begin at 11:00 person if— being recorded and has affirmatively re- p.m. on the same day that the committee (A) an Act of Congress requires the infor- quested that he or she be so recorded. has ordered a measure or matter reported. mation to be kept confidential by govern- RULE 6—WITNESSES Such views shall then be included in the ment officers and employees; or (a) General.—The Committee on Foreign committee report and printed in the same (B) the information has been obtained by Relations will consider requests to testify on volume, as a part thereof, and their inclusion the government on a confidential basis, any matter or measure pending before the shall be noted on the cover of the report. In other than through an application by such committee. the absence of timely notice, the committee person for a specific government financial or (b) Presentation.—If the chairman so deter- report may be filed and printed immediately other benefit, and is required to be kept se- mines, the oral presentation of witnesses without such views.

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.017 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S700 CONGRESSIONAL RECORD — SENATE February 13, 2013 (c) Rollcall Votes.—The results of all roll- purpose and, when completed, a full sub- (A) Members and staff of the committee in call votes taken in any meeting of the com- stantive and financial report shall be filed the committee offices or in SVC–217 of the mittee on any measure, or amendment there- with the committee within 30 days. This re- Capitol Visitors Center; to, shall be announced in the committee re- port shall be furnished to all members of the (B) Designated personal representatives of port. The announcement shall include a tab- committee and shall not be otherwise dis- members of the committee, and of the ma- ulation of the votes cast in favor and votes seminated without authorization of the jority and minority leaders, with appropriate cast in opposition to each such measure and chairman or the ranking member. Except in security clearances, in the committee offices amendment by each member of the com- extraordinary circumstances, staff travel or in SVC–217 of the Capitol Visitors Center; mittee. shall not be approved unless the reporting (C) Senators not members of the com- mittee, by permission of the chairman, in RULE 9—TREATIES requirements have been fulfilled for all prior trips. Except for travel that is strictly per- the committee offices or in SVC–217 of the (a) The committee is the only committee sonal, travel funded by non-U.S. Government Capitol Visitors Center; and of the Senate with jurisdiction to review and sources is subject to the same approval and (D) Officials of the executive departments report to the Senate on treaties submitted substantive reporting requirements as U.S. involved in the meeting, in the committee by the President for Senate advice and con- Government-funded travel. In addition, offices or SVC–217 of the Capitol Visitors sent to ratification. Because the House of members and staff are reminded to consult Center. Representatives has no role in the approval the Senate Code of Conduct, and, as appro- (6) Any restrictions imposed upon access to of treaties, the committee is therefore the priate, the Senate Select Committee on Eth- a meeting of the committee shall also apply only congressional committee with responsi- ics, in the case of travel sponsored by non- to the transcript of such meeting, except by bility for treaties. special permission of the chairman and rank- (b) Once submitted by the President for ad- U.S. Government sources. Any proposed travel by committee staff for ing member. vice and consent, each treaty is referred to a subcommittee purpose must be approved (7) In addition to restrictions resulting the committee and remains on its calendar by the subcommittee chairman and ranking from the inclusion of any classified informa- from Congress to Congress until the com- member prior to submission of the request to tion in the transcript of a committee meet- mittee takes action to report it to the Sen- the chairman and ranking member of the full ing, members and staff shall not discuss with ate or recommend its return to the Presi- committee. anyone the proceedings of the committee in dent, or until the committee is discharged of (b) Domestic Travel.—All official travel in closed session or reveal information con- the treaty by the Senate. the United States by the committee staff veyed or discussed in such a session unless (c) In accordance with Senate Rule XXX.2, shall be approved in advance by the staff di- that person would have been permitted to at- treaties which have been reported to the rector, or in the case of minority staff, by tend the session itself, or unless such com- Senate but not acted on before the end of a the minority staff director. munication is specifically authorized by the Congress ‘‘shall be resumed at the com- (c) Personal Staff.—As a general rule, no chairman, the ranking member, or in the mencement of the next Congress as if no pro- more than one member of the personal staff case of staff, by the staff director or minor- ceedings had previously been had thereon.’’ of a member of the committee may travel ity staff director. A record shall be kept of (d) Insofar as possible, the committee with that member with the approval of the all such authorizations. should conduct a public hearing on each (c) Declassification.— chairman and the ranking member of the treaty as soon as possible after its submis- (1) All noncurrent records of the com- committee. During such travel, the personal sion by the President. Except in extraor- mittee are governed by Rule XI of the Stand- staff member shall be considered to be an dinary circumstances, treaties reported to ing Rules of the Senate and by S. Res. 474 employee of the committee. the Senate shall be accompanied by a writ- (96th Congress). Any classified transcripts (d) Personal Representatives of the Member ten report. transferred to the National Archives and (PRM).—For the purposes of this rule regard- Records Administration under Rule XI may RULE 10—NOMINATIONS ing staff foreign travel, the officially-des- not be made available for public use unless (a) Waiting Requirement.—Unless otherwise ignated personal representative of the mem- they have been subject to declassification re- directed by the chairman and the ranking ber (PRM) shall be deemed to have the same view in accordance with applicable laws or member, the Committee on Foreign Rela- rights, duties, and responsibilities as mem- tions shall not consider any nomination Executive orders. bers of the staff of the Committee on Foreign (2) Any transcript or classified committee until 3 business days after it has been for- Relations. Furthermore, for the purposes of report, or any portion thereof, may be de- mally submitted to the Senate. this section, each member of the committee classified, in accordance with applicable laws (b) Public Consideration.—Nominees for any may designate one personal staff member as or Executive orders, sooner than the time pe- post who are invited to appear before the the ‘‘Personal Representative of the Mem- riod provided for under S. Res. 474 if: committee shall be heard in public session, ber.’’ (A) the chairman originates such action, unless a majority of the committee decrees RULE 12—TRANSCRIPTS with the concurrence of the ranking mem- otherwise, consistent with Rule 3(f). (a) General.—The Committee on Foreign ber; (c) Required Data.—No nomination shall be (B) the other current members of the com- reported to the Senate unless (1) the nomi- Relations shall keep verbatim transcripts of all committee and subcommittee meetings mittee who participated in such meeting or nee has been accorded a security clearance report have been notified of the proposed de- on the basis of a thorough investigation by and such transcripts shall remain in the cus- tody of the committee, unless a majority of classification, and have not objected thereto, executive branch agencies; (2) the nominee except that the committee by majority vote has filed a financial disclosure report and a the committee decides otherwise. Tran- scripts of public hearings by the committee may overrule any objections thereby raised related ethics undertaking with the com- to early declassification; and mittee; (3) the committee has been assured shall be published unless the chairman, with the concurrence of the ranking member, de- (C) the executive departments that partici- that the nominee does not have any interests pated in the meeting or originated the classi- which could conflict with the interests of the termines otherwise. (b) Classified or Restricted Transcripts.— fied information have been consulted and government in the exercise of the nominee’s (1) The chief clerk of the committee shall consented to the declassification. proposed responsibilities; (4) for persons have responsibility for the maintenance and RULE 13—CLASSIFIED INFORMATION nominated to be chief of mission, ambas- security of classified or restricted tran- sador-at-large, or minister, the committee (a) The handling of classified information scripts, and shall ensure that such tran- has received a complete list of any contribu- in the Senate is governed by S. Res. 243 scripts are handled in a manner consistent tions made by the nominee or members of (100th Congress), which established the Office with the requirements of the United States his immediate family to any Federal elec- of Senate Security. All handling of classified Senate Security Manual. tion campaign during the year of his or her information by the committee shall be con- (2) A record shall be maintained of each nomination and for the 4 preceding years; sistent with the procedures set forth in the use of classified or restricted transcripts as and (5) for persons nominated to be chiefs of United States Senate Security Manual required by the Senate Security Manual. mission, the report required by Section issued by the Office of Senate Security. (3) Classified transcripts may not leave the (b) The chief clerk is the security manager 304(a)(4) of the Foreign Service Act of 1980 on committee offices, or SVC–217 of the Capitol for the committee. The chief clerk shall be the demonstrated competence of that nomi- Visitors Center, except for the purpose of de- responsible for implementing the provisions nee to perform the duties of the position to classification or archiving, consistent with of the Senate Security Manual and for serv- which he or she has been nominated. these rules. ing as the committee liaison to the Office of RULE 11—TRAVEL (4) Extreme care shall be exercised to avoid Senate Security. The staff director, in con- (a) Foreign Travel.—No member of the Com- taking notes or quotes from classified tran- sultation with the minority staff director, mittee on Foreign Relations or its staff shall scripts. Their contents may not be divulged may appoint an alternate security manager travel abroad on committee business unless to any unauthorized person. as circumstances warrant. specifically authorized by the chairman, who (5) Subject to any additional restrictions (c) Classified material may only be trans- is required by law to approve vouchers and imposed by the chairman with the concur- ported between Senate offices by appro- report expenditures of foreign currencies, rence of the ranking member, only the fol- priately cleared staff members who have and the ranking member. Requests for au- lowing persons are authorized to have access been specifically authorized to do so by the thorization of such travel shall state the to classified or restricted transcripts. security manager.

VerDate Mar 15 2010 05:29 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.018 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S701 (d) In general, Senators and staff under- publication in the field of foreign relations the California Legislature. He con- take to confine their access to classified in- without specific advance permission from tracted polio at a young age and as a formation on the basis of a ‘‘need to know’’ the staff director, or, in the case of minority result spent the majority of his life in such information related to their committee staff, from the minority staff director. In the a wheelchair. Mr. Quimby did not allow responsibilities. case of the staff director and the minority (e) The staff director is authorized to make staff director, such advance permission shall his limited mobility to prevent him such administrative regulations as may be be obtained from the chairman or the rank- from pursuing his dreams and fighting necessary to carry out the provisions of this ing member, as appropriate; and fervently for the residents of Cali- rule. (C) staff shall not discuss their private con- fornia. RULE 14—STAFF versations with members of the committee Over the course of his 12 years in the (a) Responsibilities.— without specific advance permission from the Senator or Senators concerned. Assembly, John Quimby helped pass (1) The staff works for the committee as a numerous laws. Most famously, he whole, under the general supervision of the (2) The staff shall not discuss with anyone the proceedings of the committee in closed drafted the Quimby Act in 1965, which chairman of the committee, and the imme- allowed cities to require developers to diate direction of the staff director, except session or reveal information conveyed or that such part of the staff as is designated discussed in such a session unless that per- donate land for recreational use. As a minority staff shall be under the general su- son would have been permitted to attend the result of this piece of legislation, hun- pervision of the ranking member and under session itself, or unless such communication dreds of parks now exist in California the immediate direction of the minority is specifically authorized by the staff direc- that might otherwise have not. tor or minority staff director. Unauthorized staff director. Apart from being a dedicated assem- (2) Any member of the committee should disclosure of information from a closed ses- feel free to call upon the staff at any time sion or of classified information shall be blyman, John Quimby was also a be- for assistance in connection with committee cause for immediate dismissal and may, in loved figure in California politics who business. Members of the Senate not mem- the case of some kinds of information, be thrived on personal and community bers of the committee who call upon the grounds for criminal prosecution. interaction. He had the ability to make staff for assistance from time to time should RULE 15—STATUS AND AMENDMENT OF RULES everyone feel special and cared for. be given assistance subject to the overriding (a) Status.—In addition to the foregoing, Please join me in expressing the sym- responsibility of the staff to the committee. the Committee on Foreign Relations is gov- (3) The staff’s primary responsibility is erned by the Standing Rules of the Senate, pathies of this body to John Quimby’s with respect to bills, resolutions, treaties, which shall take precedence in the event of brother Merle, daughter Kimberly, son and nominations and other matters within a clear inconsistency. In addition, the juris- John Jr., stepdaughters Mary and Vir- the jurisdiction of the committee. In addi- diction and responsibilities of the committee ginia George, stepson Kenny, his seven tion to carrying out assignments from the with respect to certain matters, as well as grandchildren, and his seven great- committee and its individual members, the the timing and procedure for their consider- grandchildren. On this day, we cele- staff has a responsibility to originate sugges- ation in committee, may be governed by brate him, his life, and his exemplary tions for committee or subcommittee consid- statute. eration. The staff also has a responsibility to contributions to California and the Na- (b) Amendment.—These rules may be modi- ∑ make suggestions to individual members re- fied, amended, or repealed by a majority of tion. garding matters of special interest to such the committee, provided that a notice in members. writing of the proposed change has been f (4) It is part of the staff’s duty to keep given to each member at least 48 hours prior itself as well informed as possible in regard to the meeting at which action thereon is to to developments affecting foreign relations REMEMBERING MONSIGNOR LEO be taken. However, rules of the committee McFADDEN and national security and in regard to the which are based upon Senate rules may not administration of foreign programs of the be superseded by committee vote alone. ∑ Mr. HELLER. Mr. President, I rise United States. Significant trends or develop- ments which might otherwise escape notice f today to honor the life of Monsignor Leo McFadden, a priest, an Air Na- should be called to the attention of the com- VOTE EXPLANATION mittee, or of individual Senators with par- tional Guardsman, and a spiritual lead- ticular interests. Mr. JOHNSON of Wisconsin. Mr. er for thousands of Nevadans whose re- (5) The staff shall pay due regard to the President, on February 11, 2013, I was cent passing is a saddening loss to the constitutional separation of powers between unavoidably detained in Wisconsin due Silver State. Monsignor McFadden was the Senate and the executive branch. It to hazardous weather conditions and a beloved member of our community, therefore has a responsibility to help the was unable to vote on amendment No. and I am grateful for his work as a committee bring to bear an independent, ob- 13 in regard to S. 47, the Violence jective judgment of proposals by the execu- priest and chaplain for the less fortu- tive branch and when appropriate to origi- Against Women Act. Had I been able to nate and spiritually needy in northern nate sound proposals of its own. At the same vote, I would have voted ‘‘aye.’’ Nevada. time, the staff shall avoid impinging upon f Not only was Monsignor McFadden a the day-to-day conduct of foreign affairs. man of God, but he was also a Pulitzer (6) In those instances when committee ac- ADDITIONAL STATEMENTS tion requires the expression of minority Prize-nominated columnist who spent views, the staff shall assist the minority as 20 years writing and editing for the Ne- fully as the majority to the end that all REMEMBERING JOHN QUIMBY vada Register. He also served in the points of view may be fully considered by Nevada Air National Guard for decades, ∑ Mrs. FEINSTEIN. Mr. President, I members of the committee and of the Sen- and he was the first Guardsman chap- would like to recognize and honor the ate. The staff shall bear in mind that under lain to be a general line officer. our constitutional system it is the responsi- incredible life of John Quimby, an in- bility of the elected members of the Senate spirational leader that guided and Monsignor McFadden was a priest at to determine legislative issues in the light of touched the lives of so many. Saint Teresa of Avila Catholic Church as full and fair a presentation of the facts as John Quimby was born on February in Carson City and at Reno’s Our Lady the staff may be able to obtain. 12, 1935, in Prescott, AZ, to parents of the Snows Catholic Church. In 1977, (b) Restrictions.— Henrietta and Merle Quimby. The fam- Leo McFadden was given the distinct (1) The staff shall regard its relationship to ily later moved to California and re- designation as a monsignor. His work the committee as a privileged one, in the na- included the formation of the Catholic ture of the relationship of a lawyer to a cli- sided in Banning and Riverside. Mr. ent. In order to protect this relationship and Quimby was hired as a radio announcer Newman Club at the University of Ne- the mutual confidence which must prevail if for a brief period of time before being vada, Las Vegas and serving as a chap- the committee-staff relationship is to be a elected to the San Bernardino City lain at the University of Nevada, Reno. satisfactory and fruitful one, the following Council in 1957. He was the youngest Monsignor McFadden dedicated his criteria shall apply: person to ever serve on that body. entire life to his faith and to the mem- (A) members of the staff shall not be iden- In 1962, John Quimby was elected to bers of his parish. He was an important tified with any special interest group in the field of foreign relations or allow their the California State Assembly, rep- figure in our State, and he will be names to be used by any such group; resenting parts of Riverside and San missed. My thoughts and prayers are (B) members of the staff shall not accept Bernardino counties. Mr. Quimby be- with his family and friends during this public speaking engagements or write for came the first paraplegic to serve in difficult time.∑

VerDate Mar 15 2010 05:29 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.018 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S702 CONGRESSIONAL RECORD — SENATE February 13, 2013 50TH ANNIVERSARY OF PORTAGE, economic problems. People aren’t all getting ANNIE ARTHUR, WOODSTOCK UNION HIGH MICHIGAN what they need and something needs to be SCHOOL (FINALIST) done. What would fix everything, broaden ∑ To be a democracy, our country must be Mr. LEVIN. Mr. President, one-half our universal communications skills and get able to hear the voices of every citizen indi- century ago this month the residents things done quicker would be to unite glob- vidually and the population as a whole. Peo- of Portage Township made a signifi- ally. By working as an entire unit we can all ple all over the world are sacrificing their cant and lasting decision. They voted communicate and work toward the same lives for the hope of the right to vote. In the in February 1963 to incorporate, becom- goal we all crave: peace. Uniting globally United States, eligibility is simple. To vote, ing the city of Portage. This decision can solve conflicts causing violence, starva- one must be a citizen of the United States provided many opportunities for this tion, and economic problems. and be 18 or older. However, a country as nascent, vibrant community to grow, Uniting globally will benefit the people of great as ours does not seem able to succeed the world immensely. By uniting globally it in a very seemingly simple task: vote freely. enabling city leaders and residents would be much easier to distribute the nec- The State of our Union is teetering on the alike to chart a course for future pros- essary resources to sustain everyone, such as edge. perity. This milestone will be com- food, water, and energy. When everyone is on In the 2012 Presidential Election, only memorated in a number of ways the same page and communicating thor- 57.5% of the entire eligible population cast throughout the year, including at Por- oughly between territories, you can main- their ballots. About 93 million citizens did tage’s city council meeting last night. tain fair trade and further discuss what laws not participate in this most basic foundation The city of Portage is a part of and human rights need to be established as of democracy. How is the United States sup- posed to run as an effective democracy if so Michigan’s rapidly evolving story. His- well. When we’re all united for a common goal, let’s assume peace amongst all people, many citizens remain silent in such a crucial torically, residents and community discussion is more productive and conclusive time to make their voices heard? Granted, leaders relied on fertile farmland for and proper action can be taken at a faster part of this lack of voting is caused by lazi- agriculture production. In fact, in the pace. Actions such as bringing food and ness, indifference or belief that one vote will late 1880s and early 1900s, this area was water to those who have none, and also get- not change the outcome. However, there are known as ‘‘Celery City.’’ Today, it is ting the area with these conditions re-estab- many citizens who want to vote but restric- home to thriving businesses, wel- lished for suitable living conditions. Every- tions imposed at the state level have either coming neighborhoods and abundant one benefits from a united world. attempted or succeeded to suppress partici- The U.S. economy will be heavily bene- pation in this election. In this recent elec- natural beauty. The population of Por- tion there were laws passed to hinder voter tage has more than doubled in the past fitted by uniting globally. When we unite globally, trade is faster and we can simply participation by making it difficult to reg- half century, and a number of new work faster because communication is ister to vote, requiring voter photo identi- businesses, large and small, have quicker and more conclusive than when fications, miscommunication of date and helped to transform the city’s eco- we’re all thinking separately. Trade will times, and threatening voters with imprison- nomic base. therefore be quicker and we can be more pro- ment for voter fraud. Officials also succeeded As part of the celebration, Portage ductive about it with such open communica- in cutting early voting periods, voting by recently unveiled its new motto, ‘‘A tion. It would be easier to discuss the dis- mail, polling hours and number of locations. tribution of currency amongst countries and Even though courts temporarily struck down Natural Place to Move.’’ It speaks to many of these efforts, there is no reason to the city’s continued commitment to people and how we can fix the current eco- nomic problems. Uniting globally will solve believe that state officials will be deterred preserving its many parks, lakes, and the biggest problems of the world. It will from imposing more voting restrictions in trails in a way that encourages resi- broaden the communication between terri- the future. dents to stay active and healthy. tories and will help us resolve conflicts caus- This national issue should not be deter- It is fitting that the celebrations ing famine, violence, and economic problems mined at state level. Restriction on voting is planned this year include a mix of ac- universally. When we all band together we a federal problem and should be addressed by tivities. A commemorative newsletter can accomplish anything and finally bring a federal powers. This is too important an new era of peace. issue to leave to individual state govern- in February will highlight the city’s ments as clearly demonstrated by the bla- rich history; a half-marathon and 5K TYLER BRADLEY, SOUTH BURLINGTON HIGH tant attempts to deny citizens their right to road race later this month will show- SCHOOL (FINALIST) vote. The solution is to simply create basic case the city’s extensive and impres- Our country needs to invest in clean sus- standards on voting. The federal government sive park system; volunteer opportuni- tainable energy and decrease our dependence could pass a bill with minimum guidelines ties spread throughout the year offer for oil from other nations. Our nation should for states to follow on voting laws. This leg- residents a number of ways to give be investing in wind and solar power. Wind is islation does not need to be a complex list of back to their community; and a 50th a renewable source of energy, which will last restrictions; this bill would be freeing up forever. It does not pollute our environment voting laws by listing only what needs to anniversary concert this summer as and is all natural. Solar energy also provides happen to achieve successful voting. Each part of the 2013 summer concert series us with clean energy, with no combustion. It state would then have the freedom to expand will bring families and friends together too is renewable and causes no greenhouse on these basic requirements. This bill could to celebrate this important anniver- gases. Although wind and solar, as energy facilitate registration, polling hours and sary. sources, may prove to be expensive, it is a ability to mail in votes. It is an American’s The city of Portage and its residents small price to pay for the health and safety right to be able to vote. As the world’s great- have much to be proud of. Together, of our environment. In contrast, we are even- est democracy, no political party should be they have steadily moved forward. This tually going to run out of oil and the high able to obstruct voting. The United States, a cost of transporting oil and our dependency nation for the people, of the people, by the year is a moment to pause and reflect on other nations needs to be eliminated. people needs to set a better example as the on the past, and to ensure that the We need to stop relying on foreign nations standard bearer of democracy. next 50 years continues to be marked for our energy supply. If foreign govern- JEANNINE BISSONETTE, CHAMPLAIN VALLEY by growth and progress.∑ ments continue to control oil profits they UNION HIGH SCHOOL (FINALIST) f can use that money to fund terrorism mis- Ever since Woodrow Wilson was elected in chief. In addition, these energy rich coun- 1913, it has been a tradition for Presidents to VERMONT ESSAY FINALISTS tries can restrict the oil supply and therefore address the nation with their State of the make the United States a hostage to their ∑ Mr. SANDERS. Mr. President, I ask Union report. As President Obama prepares demands. We need to end this cycle and in- to present his State of the Union address, to have printed in the RECORD finalist vest in more sustainable energy sources. many politically concerned citizens begin to essays written by Vermont High We need Congress to work harder to obtain ponder the thoughts of what will be produced School students as part of the Third sustainable energy tax incentives like the in the next four years. Annual ‘‘What is the State of the Investment Tax Credit and Production Tax With a current national unemployment Union?’’ Essay contest conducted by Credits. These credits will help reduce the rate of 7.9%, the numbers appear to be much my office. These 21 finalists were se- cost of wind and solar projects and in the lower than the 10% that the United States lected from over 300 entries. long run help reduce global warming. All endured during October of 2009. Although The essays follow. across our earth we currently see record heat these rates suggest a recuperating recession, waves, melting glaciers, rising sea levels and they have not yet reached a level in which SYDNEY ALDERMAN, MT. ABRAHAM UNION extreme droughts and floods. The United the nation can sit back comfortably. These HIGH SCHOOL (FINALIST) States must lead the world in reversing glob- high unemployment rates understandably re- Today we often face the problem of exces- al warming, to preserve a safe planet for our sult in a greater necessity for more families sive violence between people, starvation, and children and grandchildren. to reach out to social welfare services such

VerDate Mar 15 2010 05:29 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.013 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S703 as food stamps and local food shelves. Ac- marijuana and other drugs since legalization dies. Hollywood portrays gun violence as ex- cording to a local press interview with food would increase the availability and use of citing and desirable. That, in combination shelf coordinator Mary Ann Castimore, the other illegal drugs. Their legalization would with violent video games, leaves imprints in Vergennes Congregational Church found bring more health and safety risks closer to the brains of impressionable young people themselves serving a total of approximately your homes. The legalization and selling of (including the mentally ill). Semi-automatic fifty to sixty new families. People are strug- marijuana could bring some positive to our weapons should be banned, and violence mov- gling to find and hold steady jobs; feeding attention. A potential boost for the economy ies and games should be regulated. In this their families continues to be growing con- if it was sold and taxed heavily. However in country there is freedom of speech and ex- cern. the end I strongly oppose the legalization pression, but the production of these movies Corresponding with the current economy, process and it should only remain available and games results in harm to other citizens. the United States could certainly do more to for medical use only. The risks strongly out- All of these factors need to be addressed. address the concerns of the young people. weigh the positives. Politicians who agree with this stance need With the lack of vacant positions in the Over 50 years ago we created a strong, to step up and speak out despite the possible working world, young adults are learning close relationship with Israel. We have done damage to their reelection. The safety of the quickly that it does not matter so much joint military planning along with military people should be more important than re- what they’ve majored in, but what is avail- research and weapons development. We have election. able. As a high school student of Vermont, I continuously assisted Israel with $3.1 billion America is a bright and prosperous place. have become increasingly aware of my in security assistance and I will not be the There are a few issues dragging it down, but school advisor’s push for me to look into president to stop that trend. The only way with the known strength of this nation, which fields are in need of laborers, rather for Israel to achieve peace with their neigh- these problems can be solved. The only way than those that suit me best when deter- bors is to begin with a clear and strong com- to fix big problems is to lay down political mining an occupation. As the pursuit for mitment to the security of Israel. They are barriers and work together, hand-in-hand. jobs lengthens, it is important that the gov- also a big export consumer to our economy. EMMA DAVITT, CHAMPLAIN VALLEY UNION ernment restricts outsourcing jobs to other We must stand by our ally through these HIGH SCHOOL (FINALIST) countries and create said jobs within the na- tough times between them and the Palestin- The current state of our Union is multi- tion. Instead of outsourcing jobs, the United ians. We will look to both sides to find a faceted, filled with diverse opinions and nu- States should provide incentives to retain common ground to install peace back into merous obstacles. Our Union faces an inter- these positions in America. the world between these rival nations. I am esting future ahead, either a prosperous and As the United States adapts to the most in support of resumption of the aid to the promising future, or a destructive and dele- severe recession since the Great Depression, Palestinian government with a condition terious future. It is up to us, the people of the American citizens’ fear of a failing econ- that the government renounce terrorism. the United States, to do everything we can omy is justified. Major issues such as the Israel has a right to defend themselves from to ensure a brilliant future, to promise fortu- nearing fiscal cliff or changes in Social Secu- these Palestinian rocket attacks, but we will itous and successful lives for our succeeding rity are becoming more common parts of look to peace first in order to draw this to an generations. American conversation. As January ap- end. Israel is an important ally in all per- We are currently coping with the most in- proaches, politicians in D.C. are running out spectives. We must help them. tense, severe recession in our country since to time to make the decision of who will be Thank you and good night America. the Great Depression. 7.9% of the people in taxed in the coming years. By taxing Ameri- ALLIE BULL, CHAMPLAIN VALLEY UNION HIGH the United States are out of work, struggling cans making over two hundred and fifty- SCHOOL (FINALIST) to find jobs and earn a living. Detrimental thousand dollars, more taxes can be gleaned The United States of America is known as taxes are traumatizing families, college by the federal government. Additionally, the land of profuse opportunity for all who graduates’ degrees are rarely helping them more citizens being taxed results in more eq- come here. Throughout the history of this secure jobs and, throughout these unfortu- uitable terms. As a federal insurance pro- country, there have been events to be proud nate situations, many Americans are still fo- gram, Social Security is praised highly for of and events that were not too glorious. As cusing on abortions and gay marriage rights. the benefits it provides the retired popu- the world prepares for the new year of 2013, It is time for our nation to accept individ- lation. Since American citizens are now liv- it is a good idea to reflect as we explore the uality, embrace the freedom our country was ing into their eighties, a shortage in Social state of this union, and gain insight into how founded upon, and fix the major problems Security money has materialized. The inad- this country is running. facing the people of the United States of equacy of funds has led to an extended re- Congress is seemingly dysfunctional right America. tirement age which is predicted to continue now. The current Congress has passed the The unemployment rate is uncomfortably increasing into the future. The United States least number of bills in history. This sta- high. In 2008, many businesses closed, numer- must continue to raise the retirement age in tistic is shocking and embarrassing. The sys- ous workers were laid off and the unemploy- order for Social Security to continue oper- tem of checks and balances within our de- ment rate began to rise. As a result, jobs ating. It takes time and multiple strategies mocracy is designed to prevent an abuse of have become more valuable, and at a time to solve any major issue: there is no one per- power. It is also a known fact that our sys- where few were comfortable with their living fect solution. tem takes longer to pass bills and get things situations and current bank accounts, taxes JONAH BLATT, MILTON HIGH SCHOOL done; however, the current state of gridlock rose. To address this situation, taxes must (FINALIST) is not okay. The nation is frustrated with be lowered for the lower and middle-class Good Evening America, the leaders and the lack of compromise in families while returning the economy to a There are several issues that need to be ad- Washington. Congress needs to become a peaceful state, encouraging businesses to dressed here tonight that will benefit our na- leader of the whole nation, and not indi- grow and expand in the United States. tion in one way or another. First off, I’d like vidual leaders of each political party. The The economy is not only affecting the to touch on the topic of unemployment. The wall between each party needs to be let down working class of our nation, but also the unemployment rate has dropped signifi- and national issues need to be addressed. It children—the future. If children watch their cantly. The rate was 10% in November of is hard for congressmen to make decisions parents and older siblings with college de- 2009, which was the highest from January 1st that could affect reelection; yet, the lack of grees struggle to find a job, what will make 2009 to January 1st 2013. In the middle of progress being made is not making the con- them want to go to college? What will con- that, the rate bounced up and down between stituents any happier. It is better for these vince them that attending college is a won- 9% and 9.5% from 2010 to 2011. Now here we leaders to leave the nation stronger and derful and beneficial experience? The young sit today on a continuous, steady decline all prosperous than when they arrived, as op- members of our national community will one the way down to 7.7%, and I assure you it is posed to an unchanged, struggling country. day be responsible for our country and our not over. Jobs were being created at a rate of In the shadow of the Sandy Hook Mas- only option to ensure a bright and promising 151,000 per month in 2012 and we look to raise sacre, gun control debates have resurfaced. future is to nurture, teach and help this that number this coming year. My new plan This is a topic that needs to be addressed, younger generation. With this in mind, it allows workers who have lost their job to be swiftly and promptly. Semi-automatic weap- should be of great importance to the United placed on temporary jobs as trainees for ons are completely and utterly unnecessary States to make college education more af- short periods to retain their skills or gain in the United States of America. There is no fordable for the young population. Through new ones while still receiving benefits. This reason that a person should need or desire to grants, aid and scholarships, many more stu- was released on April 19th where the unem- own one. These weapons are killing machines dents will have the opportunities to attend ployment rate was 8.2% and now it is 7.7%. and should be banned. Americans have the universities, and with an economy on the It’s working, America. right to bear arms, but there is no need for mend, we can look to the future with great Cannabis, or better known as marijuana weapons other than hunting weapons. Any hope in the highly educated body that will has become a major topic of discussion these weapons that do remain legal in this country one day run the country. days in America. Is it a medical miracle or need to be regulated and controlled with Contemplating these issues, our Union has an addiction amongst many? The Office of very thorough background checks. However, a lot to focus on. We have run ourselves into National Drug Control Policy and I have the fact that semi-automatic weapons are a deep economic and educational rut and it stated that we oppose the legalization of available isn’t the only cause of these trage- is our job to work together to climb out of

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.062 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S704 CONGRESSIONAL RECORD — SENATE February 13, 2013 it. The future of our country rests solely in Purple Heart, and I honor him for the SIX-MONTH PERIODIC REPORT ON the hands of the upcoming generation, how- courageous actions he took to earn THE NATIONAL EMERGENCY ever, how can we have faith in the subse- these awards. WITH RESPECT TO LIBYA THAT quent decades if our current society strug- In 2008, Technical Sergeant Grutter WAS ORIGINALLY DECLARED IN gles to find jobs and attend college? The an- swer is rather simple, the young people of was assigned as a security officer for EXECUTIVE ORDER 13566 OF FEB- our country have the chance to make the Defense Intelligence Support Of- RUARY 25, 2011—PM 3 groundbreaking decisions and be amazing fice-Afghanistan. On March 20, 2008, The PRESIDING OFFICER laid be- leaders, if given the opportunities. while driving a convoy vehicle for the fore the Senate the following message TARYN DRUGE, CHAMPLAIN VALLEY UNION Guard, Technical Sergeant Grutter from the President of the United HIGH SCHOOL (FINALIST) twice risked his own life to thwart States, together with an accompanying In an idealistic world we would work for a enemy ambushes and save the lives of report; which was referred to the Com- common good. Countries wouldn’t consider others. mittee on Banking, Housing, and money, land, or rivalry. They would only see In the first instance, Technical Ser- Urban Affairs: how they could create peace and maintain it. geant Grutter used his own vehicle as a As Franklin D. Roosevelt said, ‘‘A point has shield to protect Afghan National Po- To the Congress of the United States: been reached where the peoples of the Amer- Section 202(d) of the National Emer- icas must take cognizance of growing ill- lice officers driving an unarmored vehi- cle. Then, noticing the Afghan Na- gencies Act (50 U.S.C. 1622(d)) provides will, of marked trends toward aggression, of for the automatic termination of a na- increasing armaments, of shortening tem- tional Police’s machine gun crew in pers—a situation which has in it many of the distress, he dismounted from his own tional emergency unless, within 90 elements that lead to the tragedy of general vehicle, ran through intense fire, and days prior to the anniversary date of war . . . Peace is threatened by those who helped the police repair their weapons. its declaration, the President publishes seek selfish power.’’ It is my opinion that, in While Technical Sergeant Grutter in the Federal Register and transmits to this world, we are not driven by the ambi- was working with the machine gun the Congress a notice stating that the tion for peace but instead by the ambition emergency is to continue in effect be- for wealth and power. We, the U.S., are no crew, enemy insurgents moved in to flank the convoy and began to prepare yond the anniversary date. In accord- different, as much as we would love to be- ance with this provision, I have sent to lieve otherwise and see ourselves as the an attack. With great bravery, Ser- peace bearers of the world. We must open our geant Grutter ran approximately 200 the Federal Register for publication the eyes to the truth. Wealth and power must be meters over exposed terrain to engage enclosed notice stating that the na- relevant in our dealings with foreign nations the insurgents, which forced them to tional emergency declared in Executive because these are some of the only factors retreat. Shortly thereafter, the enemy Order 13566 of February 25, 2011, is to that will drive negotiation. disengaged and left the area. continue in effect beyond February 25, An example of the struggle for wealth and 2013. power is the United States relationship with Unfortunately, a second ambush was already in the making. A large number Colonel Muammar Qadhafi, his gov- China. Currently, the U.S. is deeply uneasy ernment, and close associates took ex- about China, to whom we are deeply in- of civilians became trapped by small debted, for they are our greatest supplier of arms fire from enemy forces. Without treme measures against the people of goods. It is frightening to think that China’s regard for his personal safety, Tech- Libya, including by using weapons of withdrawal could destroy our entire econ- nical Sergeant Grutter provided sup- war, mercenaries, and wanton violence omy, yet our withdrawal from China would pressing fire from an exposed position, against unarmed civilians. In addition, cripple them as well. Instead of the depend- which allowed the Afghan National Po- there was a serious risk that Libyan ence creating unity among our nations, it state assets would be misappropriated has created discomfort and hostility. The lice to evacuate the civilians to safety. As a result of the courageous actions by Qadhafi, members of his govern- power complex each country has creates the ment, members of his family, or his belief that dependence upon one another taken by Technical Sergeant Grutter, weakens us. When Thomas Jefferson said, lives were saved and the convoy contin- close associates if those assets were ‘‘Dependence begets subservience and venal- ued its mission. not protected. The foregoing cir- ity, suffocates the germ of virtue, and pre- I thank Technical Sergeant Grutter cumstances, the prolonged attacks, and pares fit tools for the designs of ambition,’’ for his brave actions and honor his dis- the increased numbers of Libyans seek- Jefferson could never foresee that U.S. de- tinguished service and meritorious ing refuge in other countries caused a pendence would extend overseas due to our achievement in earning the Bronze deterioration in the security of Libya, economies’ desire to manufacture cheaper posed a serious risk to its stability, and thus more profitable products. Medal Star with Valor and the Purple China and the U.S are two great super- Heart. The courage he demonstrated and led me to declare a national emer- powers, and each is just as self-destructive as during his combat mission brings great gency to deal with this threat to the the other. Without a strong and desirable al- honor to our country, the Air National national security and foreign policy of liance with China, the U.S. becomes weak- Guard and the state of Rhode Island. the United States. ened to possible foreign attacks and a col- Along with his fellow Guardsmen, I We are in the process of winding lapse of the economy. The U.S. is feeling out thank Technical Sergeant Grutter for down the sanctions in response to de- of balance right now: so many goods are velopments in Libya, including the fall being manufactured overseas at the expense his outstanding commitment to serv- ing and protecting our country. We in of Qadhafi and his government and the of U.S. jobs being taken away. This balance establishment of a democratically could be found when the U.S comes to the re- Rhode Island are lucky to call him one alization that we cannot completely isolate of our own, and we are proud of him.∑ elected government. We are working closely with the new Libyan govern- China, and, at the same time, we must create f a political environment that nurtures U.S. ment and with the international com- businesses that manufacture products do- MESSAGES FROM THE PRESIDENT munity to effectively and appro- mestically. Messages from the President of the priately ease restrictions on sanctioned In an ideal world the bonds and alliances of United States were communicated to entities, including by taking actions countries would surpass the separation of consistent with the U.N. Security race, religion, class and culture. We must the Senate by Mrs. Neiman, one of his work towards this ideal world, because in it secretaries. Council’s decision to lift sanctions we will find a far better future we could not f against the Central Bank of Libya and possibly foresee today.∑ two other entities on December 16, EXECUTIVE MESSAGES REFERRED f 2011. The situation in Libya, however, As in executive session the presiding continues to pose an unusual and ex- TRIBUTE TO TECHNICAL officer laid before the Senate messages traordinary threat to the national se- SERGEANT GREGORY M. GRUTTER from the President of the United curity and foreign policy of the United ∑ Mr. WHITEHOUSE. Mr. President, I States submitting sundry nominations States and we need to protect against rise today to recognize the heroic serv- which were referred to the appropriate this threat and the diversion of assets ice of Rhode Island Air National Guard committees. or other abuse by certain members of TSgt. Gregory M. Grutter. Technical (The messages received today are Qadhafi’s family and other former re- Sergeant Grutter was awarded the printed at the end of the Senate pro- gime officials. Therefore, I have deter- Bronze Medal Star with Valor and the ceedings.) mined that it is necessary to continue

VerDate Mar 15 2010 05:29 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.062 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S705 the national emergency with respect to nautics and Space Administration, transmit- mittee on Commerce, Science, and Transpor- Libya. ting, pursuant to law, the report of a rule en- tation. EC–384. A communication from the Pro- BARACK OBAMA. titled ‘‘NASA Information Security Protec- gram Analyst, National Highway Traffic THE WHITE HOUSE, February 13, 2013. tion’’ (RIN2700–AD61) received in the Office of the President of the Senate on February 7, Safety Administration, Department of f 2013; to the Committee on Commerce, Transportation, transmitting, pursuant to MESSAGE FROM THE HOUSE Science, and Transportation. law, the report of a rule entitled ‘‘Event EC–376. A communication from the Pro- Data Recorders’’ (RIN2127–AL14) received in At 12:57 p.m., a message from the gram Analyst, National Highway Traffic the Office of the President of the Senate on House of Representatives, delivered by Safety Administration, Department of February 11, 2013; to the Committee on Com- merce, Science, and Transportation. Mrs. Cole, one of its reading clerks, an- Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Federal EC–385. A communication from the Pro- nounced that the House has passed the Motor Vehicle Safety Standards; Motorcycle gram Analyst, National Highway Traffic following bills, in which it requests the Brake Systems’’ (RIN2127–AK16) received in Safety Administration, Department of concurrence of the Senate: the Office of the President of the Senate on Transportation, transmitting, pursuant to H.R. 235. An act to amend the Public February 11, 2013; to the Committee on Com- law, the report of a rule entitled ‘‘Make In- Health Service Act to provide grants to merce, Science, and Transportation. operative Exemptions; Retrofit On-Off States to streamline State requirements and EC–377. A communication from the Pro- Switches for Air Bags’’ (RIN2127–AL19) re- procedures for veterans with military emer- gram Analyst, National Highway Traffic ceived in the Office of the President of the gency medical training to become civilian Safety Administration, Department of Senate on February 11, 2013; to the Com- emergency medical technicians. Transportation, transmitting, pursuant to mittee on Commerce, Science, and Transpor- H.R. 316. An act to reinstate and transfer law, the report of a rule entitled ‘‘Federal tation. EC–386. A communication from the Pro- certain hydroelectric licenses and extend the Motor Vehicle Safety Standards; Side Im- gram Analyst, National Highway Traffic deadline for commencement of construction pact Protection’’ (RIN2127–AK82) received in Safety Administration, Department of of certain hydroelectric projects. the Office of the President of the Senate on February 11, 2013; to the Committee on Com- Transportation, transmitting, pursuant to f merce, Science, and Transportation. law, the report of a rule entitled ‘‘Uniform Procedures for State Highway Safety Grant MEASURES REFERRED EC–378. A communication from the Pro- gram Analyst, National Highway Traffic Programs’’ (RIN2127–AL30) received in the The following bills were read the first Safety Administration, Department of Office of the President of the Senate on Feb- and the second times by unanimous Transportation, transmitting, pursuant to ruary 11, 2013; to the Committee on Com- consent, and referred as indicated: law, the report of a rule entitled ‘‘Civil Pen- merce, Science, and Transportation. EC–387. A communication from the Pro- alties’’ (RIN2127–AL16) received in the Office H.R. 235. An act to amend the Public gram Analyst, National Highway Traffic of the President of the Senate on February Health Service Act to provide grants to Safety Administration, Department of 11, 2013; to the Committee on Commerce, States to streamline State requirements and Transportation, transmitting, pursuant to Science, and Transportation. procedures for veterans with military emer- law, the report of a rule entitled ‘‘Federal gency medical training to become civilian EC–379. A communication from the Pro- gram Analyst, National Highway Traffic Motor Vehicle Safety Standards; Matters In- emergency medical technicians; to the Com- corporated by Reference’’ (RIN2127–AK89) re- mittee on Health, Education, Labor, and Safety Administration, Department of Transportation, transmitting, pursuant to ceived in the Office of the President of the Pensions. Senate on February 11, 2013; to the Com- law, the report of a rule entitled ‘‘Federal H.R. 316. An act to reinstate and transfer mittee on Commerce, Science, and Transpor- Motor Vehicle Safety Standards; Lamps, Re- certain hydroelectric licenses and extend the tation. deadline for commencement of construction flective Devices, and Associated Equipment’’ EC–388. A communication from the Pro- of certain hydroelectric projects; to the (RIN2127–AK99) received in the Office of the gram Analyst, National Highway Traffic Committee on Energy and Natural Re- President of the Senate on February 11, 2013; Safety Administration, Department of sources. to the Committee on Commerce, Science, Transportation, transmitting, pursuant to and Transportation. law, the report of a rule entitled ‘‘Tire Fuel f EC–380. A communication from the Pro- Efficiency Consumer Information Program’’ gram Analyst, National Highway Traffic EXECUTIVE AND OTHER (RIN2127–AK83) received in the Office of the Safety Administration, Department of COMMUNICATIONS President of the Senate on February 11, 2013; Transportation, transmitting, pursuant to to the Committee on Commerce, Science, The following communications were law, the report of a rule entitled ‘‘Federal and Transportation. laid before the Senate, together with Motor Vehicle Safety Standards; New Pneu- EC–389. A communication from the Pro- accompanying papers, reports, and doc- matic and Certain Specialty Tires’’ gram Analyst, National Highway Traffic uments, and were referred as indicated: (RIN2127–AK42) received in the Office of the Safety Administration, Department of President of the Senate on February 11, 2013; Transportation, transmitting, pursuant to EC–372. A communication from the Para- to the Committee on Commerce, Science, law, the report of a rule entitled ‘‘Federal legal, Federal Transit Administration, De- and Transportation. Motor Vehicle Theft Prevention Standard; partment of Transportation, transmitting, EC–381. A communication from the Pro- Final Listing of 2013 Light Duty Truck Lines pursuant to law, the report of a rule entitled gram Analyst, National Highway Traffic Subject to the Requirements of This Stand- ‘‘Environmental Impact and Related Proce- Safety Administration, Department of ard and Exempted Vehicle Lines for Model dures’’ (RIN2132–AB03) received in the Office Transportation, transmitting, pursuant to Year 2013’’ (RIN2127–AL21) received in the Of- of the President of the Senate on February law, the report of a rule entitled ‘‘Part 567— fice of the President of the Senate on Feb- 11, 2013; to the Committee on Commerce, Certification Authorized by 49 U.S.C. 30115’’ ruary 11, 2013; to the Committee on Com- Science, and Transportation. (RIN2127–AL18) received in the Office of the merce, Science, and Transportation. EC–373. A communication from the Sec- President of the Senate on February 11, 2013; EC–390. A communication from the Pro- retary of the Commission, Bureau of Con- to the Committee on Commerce, Science, gram Analyst, National Highway Traffic sumer Protection, Federal Trade Commis- and Transportation. Safety Administration, Department of sion, transmitting, pursuant to law, the re- EC–382. A communication from the Pro- Transportation, transmitting, pursuant to port of a rule entitled ‘‘Children’s Online gram Analyst, National Highway Traffic law, the report of a rule entitled ‘‘Schedule Privacy Protection Rule’’ (RIN3084–AB20) re- Safety Administration, Department of of Fees Authorized’’ (RIN2127–AL09) received ceived in the Office of the President of the Transportation, transmitting, pursuant to in the Office of the President of the Senate Senate on February 7, 2013; to the Com- law, the report of a rule entitled ‘‘List of on February 11, 2013; to the Committee on mittee on Commerce, Science, and Transpor- Nonconforming Vehicles Decided to be Eligi- Commerce, Science, and Transportation. tation. ble for Importation’’ (Docket No. NHTSA– EC–391. A communication from the Para- EC–374. A communication from the Federal 2011–0127) received in the Office of the Presi- legal Specialist, Federal Aviation Adminis- Register and Regulatory Liaison Officer, Of- dent of the Senate on February 11, 2013; to tration, Department of Transportation, fice of Protective Services, National Aero- the Committee on Commerce, Science, and transmitting, pursuant to law, the report of nautics and Space Administration, transmit- Transportation. a rule entitled ‘‘Airworthiness Directives; ting, pursuant to law, the report of a rule en- EC–383. A communication from the Pro- Bell Helicopter Textron Helicopters’’ titled ‘‘NASA Security and Protective Serv- gram Analyst, National Highway Traffic ((RIN2120–AA64) (Docket No. FAA–2012–0530)) ices Enforcement’’ (RIN2700–AD89) received Safety Administration, Department of received in the Office of the President of the in the Office of the President of the Senate Transportation, transmitting, pursuant to Senate on February 11, 2013; to the Com- on February 7, 2013; to the Committee on law, the report of a rule entitled ‘‘Consumer mittee on Commerce, Science, and Transpor- Commerce, Science, and Transportation. Information Regulations: Fees for Use of tation. EC–375. A communication from the Federal Traction Skid Pads’’ (RIN2127–AK06) re- EC–392. A communication from the Para- Register and Regulatory Liaison Officer, Of- ceived in the Office of the President of the legal Specialist, Federal Aviation Adminis- fice of Protective Services, National Aero- Senate on February 11, 2013; to the Com- tration, Department of Transportation,

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.021 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S706 CONGRESSIONAL RECORD — SENATE February 13, 2013 transmitting, pursuant to law, the report of Senate on February 11, 2013; to the Com- a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; mittee on Commerce, Science, and Transpor- The Boeing Company Airplanes’’ ((RIN2120– Airbus Airplanes’’ ((RIN2120–AA64) (Docket tation. AA64) (Docket No. FAA–2011–1168)) received No. FAA–2012–0488)) received in the Office of EC–401. A communication from the Para- in the Office of the President of the Senate the President of the Senate on February 11, legal Specialist, Federal Aviation Adminis- on February 11, 2013; to the Committee on 2013; to the Committee on Commerce, tration, Department of Transportation, Commerce, Science, and Transportation. Science, and Transportation. transmitting, pursuant to law, the report of EC–410. A communication from the Para- EC–393. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- The Boeing Company Airplanes’’ ((RIN2120– tration, Department of Transportation, tration, Department of Transportation, AA64) (Docket No. FAA–2012–1104)) received transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of in the Office of the President of the Senate a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; on February 11, 2013; to the Committee on The Boeing Company Airplanes’’ ((RIN2120– Fokker Services B.V. Airplanes’’ ((RIN2120– Commerce, Science, and Transportation. AA64) (Docket No. FAA–2011–0652)) received AA64) (Docket No. FAA–2012–0643)) received EC–402. A communication from the Para- in the Office of the President of the Senate in the Office of the President of the Senate legal Specialist, Federal Aviation Adminis- on February 11, 2013; to the Committee on on February 11, 2013; to the Committee on tration, Department of Transportation, Commerce, Science, and Transportation. Commerce, Science, and Transportation. transmitting, pursuant to law, the report of EC–411. A communication from the Para- EC–394. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- Fokker Services B.V. Airplanes’’ ((RIN2120– tration, Department of Transportation, tration, Department of Transportation, AA64) (Docket No. FAA–2012–0143)) received transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of in the Office of the President of the Senate a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; on February 11, 2013; to the Committee on Eurocopter Deutschland GmbH Helicopters’’ Hawker Beechcraft Corporation Airplanes’’ Commerce, Science, and Transportation. ((RIN2120–AA64) (Docket No. FAA–2012–1188)) ((RIN2120–AA64) (Docket No. FAA–2012–0829)) EC–403. A communication from the Para- received in the Office of the President of the received in the Office of the President of the legal Specialist, Federal Aviation Adminis- Senate on February 11, 2013; to the Com- Senate on February 11, 2013; to the Com- tration, Department of Transportation, mittee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of tation. tation. a rule entitled ‘‘Airworthiness Directives; Si- EC–412. A communication from the Para- EC–395. A communication from the Para- korsky Aircraft Corporation Helicopters’’ legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- ((RIN2120–AA64) (Docket No. FAA–2012–0216)) tration, Department of Transportation, tration, Department of Transportation, received in the Office of the President of the transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of Senate on February 11, 2013; to the Com- a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; mittee on Commerce, Science, and Transpor- The Boeing Company Airplanes’’ ((RIN2120– Cessna Aircraft Company Airplanes’’ tation. AA64) (Docket No. FAA–2012–0728)) received ((RIN2120–AA64) (Docket No. FAA–2012–0846)) EC–404. A communication from the Para- in the Office of the President of the Senate received in the Office of the President of the legal Specialist, Federal Aviation Adminis- on February 11, 2013; to the Committee on Senate on February 11, 2013; to the Com- tration, Department of Transportation, Commerce, Science, and Transportation. mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of EC–413. A communication from the Para- tation. a rule entitled ‘‘Airworthiness Directives; legal Specialist, Federal Aviation Adminis- EC–396. A communication from the Para- Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- (Docket No. FAA–2012–0679)) received in the transmitting, pursuant to law, the report of tration, Department of Transportation, Office of the President of the Senate on Feb- a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of ruary 11, 2013; to the Committee on Com- Airbus Airplanes’’ ((RIN2120–AA64) (Docket a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. No. FAA–2012–0427)) received in the Office of Airbus Airplanes’’ ((RIN2120–AA64) (Docket EC–405. A communication from the Para- the President of the Senate on February 11, No. FAA–2012–0493)) received in the Office of legal Specialist, Federal Aviation Adminis- 2013; to the Committee on Commerce, the President of the Senate on February 11, tration, Department of Transportation, Science, and Transportation. 2013; to the Committee on Commerce, transmitting, pursuant to law, the report of EC–414. A communication from the Para- Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; legal Specialist, Federal Aviation Adminis- EC–397. A communication from the Para- Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- (Docket No. FAA–2012–0806)) received in the transmitting, pursuant to law, the report of tration, Department of Transportation, Office of the President of the Senate on Feb- a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of ruary 11, 2013; to the Committee on Com- BAE SYSTEMS (OPERATIONS) LIMITED a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. Airplanes’’ ((RIN2120–AA64) (Docket No. Hawker Beechcraft Corporation Airplanes’’ EC–406. A communication from the Para- FAA–2012–0642)) received in the Office of the ((RIN2120–AA64) (Docket No. FAA–2012–0830)) legal Specialist, Federal Aviation Adminis- President of the Senate on February 11, 2013; received in the Office of the President of the tration, Department of Transportation, to the Committee on Commerce, Science, Senate on February 11, 2013; to the Com- transmitting, pursuant to law, the report of and Transportation. mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Airworthiness Directives; EC–415. A communication from the Para- tation. Airbus Airplanes’’ ((RIN2120–AA64) (Docket legal Specialist, Federal Aviation Adminis- EC–398. A communication from the Para- No. FAA–2012–0428)) received in the Office of tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- the President of the Senate on February 11, transmitting, pursuant to law, the report of tration, Department of Transportation, 2013; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of Science, and Transportation. Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) a rule entitled ‘‘Airworthiness Directives; EC–407. A communication from the Para- (Docket No. FAA–2012–0592)) received in the Eurocopter France Helicopters’’ ((RIN2120– legal Specialist, Federal Aviation Adminis- Office of the President of the Senate on Feb- AA64) (Docket No. FAA–2012–1128)) received tration, Department of Transportation, ruary 11, 2013; to the Committee on Com- in the Office of the President of the Senate transmitting, pursuant to law, the report of merce, Science, and Transportation. on February 11, 2013; to the Committee on a rule entitled ‘‘Airworthiness Directives; EC–416. A communication from the Para- Commerce, Science, and Transportation. Airbus Airplanes’’ ((RIN2120–AA64) (Docket legal Specialist, Federal Aviation Adminis- EC–399. A communication from the Para- No. FAA–2011–0518)) received in the Office of tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- the President of the Senate on February 11, transmitting, pursuant to law, the report of tration, Department of Transportation, 2013; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of Science, and Transportation. Airbus Airplanes’’ ((RIN2120–AA64) (Docket a rule entitled ‘‘Airworthiness Directives; EC–408. A communication from the Para- No. FAA–2012–0719)) received in the Office of The Boeing Company Airplanes’’ ((RIN2120– legal Specialist, Federal Aviation Adminis- the President of the Senate on February 11, AA64) (Docket No. FAA–2009–0794)) received tration, Department of Transportation, 2013; to the Committee on Commerce, in the Office of the President of the Senate transmitting, pursuant to law, the report of Science, and Transportation. on February 11, 2013; to the Committee on a rule entitled ‘‘Airworthiness Directives; EC–417. A communication from the Para- Commerce, Science, and Transportation. The Boeing Company Airplanes’’ ((RIN2120– legal Specialist, Federal Aviation Adminis- EC–400. A communication from the Para- AA64) (Docket No. FAA–2012–0498)) received tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- in the Office of the President of the Senate transmitting, pursuant to law, the report of tration, Department of Transportation, on February 11, 2013; to the Committee on a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of Commerce, Science, and Transportation. Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) a rule entitled ‘‘Airworthiness Directives; Si- EC–409. A communication from the Para- (Docket No. FAA–2012–0726)) received in the korsky Aircraft Corporation Helicopters’’ legal Specialist, Federal Aviation Adminis- Office of the President of the Senate on Feb- ((RIN2120–AA64) (Docket No. FAA–2012–0340)) tration, Department of Transportation, ruary 11, 2013; to the Committee on Com- received in the Office of the President of the transmitting, pursuant to law, the report of merce, Science, and Transportation.

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.023 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S707 EC–418. A communication from the Para- and second times by unanimous con- United States until the Secretary of Home- legal Specialist, Federal Aviation Adminis- sent, and referred as indicated: land Security certifies that the US–VISIT tration, Department of Transportation, system has been fully implemented at every By Mr. REED (for himself, Mr. transmitting, pursuant to law, the report of land, sea, and air port of entry; to the Com- JOHANNS, Mrs. BOXER, and Mr. a rule entitled ‘‘Airworthiness Directives; mittee on the Judiciary. FRANKEN): Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) By Mr. VITTER (for himself, Mr. LEE, S. 290. A bill to reduce housing-related (Docket No. FAA–2012–0146)) received in the and Mr. BOOZMAN): health hazards, and for other purposes; to Office of the President of the Senate on Feb- S. 301. A bill to amend section 301 of the the Committee on Banking, Housing, and ruary 11, 2013; to the Committee on Com- Immigration and Nationality Act to clarify Urban Affairs. merce, Science, and Transportation. those classes of individuals born in the By Mr. REED (for himself, Mr. EC–419. A communication from the Para- United States who are nationals and citizens JOHANNS, Mrs. BOXER, and Mr. legal Specialist, Federal Aviation Adminis- of the United States at birth; to the Com- FRANKEN): tration, Department of Transportation, mittee on the Judiciary. S. 291. A bill to establish the Council on transmitting, pursuant to law, the report of By Mr. VITTER: a rule entitled ‘‘Airworthiness Directives; Healthy Housing and for other purposes; to S. 302. A bill to amend the Immigration Pratt and Whitney Division Turbofan En- the Committee on Banking, Housing, and and Nationality Act to make voting in a gines’’ ((RIN2120–AA64) (Docket No. FAA– Urban Affairs. Federal election by an unlawfully present 2012–0546)) received in the Office of the Presi- By Mr. LEE: alien an aggravated felony and for other pur- dent of the Senate on February 11, 2013; to S. 292. A bill to amend the Immigration poses; to the Committee on the Judiciary. the Committee on Commerce, Science, and and Nationality Act to provide a special rule By Mr. VITTER: Transportation. for the period of admission of H–2A non- S. 303. A bill to amend the Immigration EC–420. A communication from the Para- immigrants employed as sheepherders, goat and Nationality Act to promote innovation, legal Specialist, Federal Aviation Adminis- herders, or dairy farmers, and for other pur- investment, and research in the United tration, Department of Transportation, poses; to the Committee on the Judiciary. States, to eliminate the diversity immigrant transmitting, pursuant to law, the report of By Mr. LEE: program, and for other purposes; to the Com- a rule entitled ‘‘Airworthiness Directives; S. 293. A bill to amend the Immigration mittee on the Judiciary. Airbus Airplanes’’ ((RIN2120–AA64) (Docket and Nationality Act to eliminate the per- By Mr. COCHRAN (for himself and Mr. country numerical limitation for employ- No. FAA–2012–0640)) received in the Office of WICKER): the President of the Senate on February 11, ment-based immigrants, to increase the per- S. 304. A bill to direct the Secretary of the 2013; to the Committee on Commerce, country numerical limitation for family- Interior to convey to the State of Mississippi Science, and Transportation. sponsored immigrants, and for other pur- 2 parcels of surplus land within the boundary EC–421. A communication from the Para- poses; to the Committee on the Judiciary. of the Natchez Trace Parkway, and for other legal Specialist, Federal Aviation Adminis- By Mr. TESTER (for himself, Mr. BAU- purposes; to the Committee on Energy and tration, Department of Transportation, CUS, Mr. BEGICH, Mr. BLUMENTHAL, Natural Resources. transmitting, pursuant to law, the report of Mrs. GILLIBRAND, and Mrs. SHAHEEN): By Mr. COCHRAN (for himself and Mr. a rule entitled ‘‘Airworthiness Directives; S. 294. A bill to amend title 38, United WICKER): Alpha Aviation Concept Limited Airplanes’’ States Code, to improve the disability com- S. 305. A bill to authorize the acquisition of ((RIN2120–AA64) (Docket No. FAA–2012–0798)) pensation evaluation procedure of the Sec- core battlefield land at Champion Hill, Port received in the Office of the President of the retary of Veterans Affairs for veterans with Gibson, and Raymond for addition to Vicks- Senate on February 11, 2013; to the Com- mental health conditions related to military burg National Military Park; to the Com- mittee on Commerce, Science, and Transpor- sexual trauma, and for other purposes; to the mittee on Energy and Natural Resources. tation. Committee on Veterans’ Affairs. By Mr. BARRASSO (for himself, Mr. EC–422. A communication from the Para- By Mr. LAUTENBERG: RISCH, Mr. ENZI, and Mr. CRAPO): legal Specialist, Federal Aviation Adminis- S. 295. A bill to allow certain Indonesian S. 306. A bill to authorize all Bureau of tration, Department of Transportation, citizens to file a motion to reopen their asy- Reclamation conduit facilities for hydro- transmitting, pursuant to law, the report of lum claims; to the Committee on the Judici- power development under Federal Reclama- a rule entitled ‘‘Airworthiness Directives; ary. tion law, and for other purposes; to the Com- The Boeing Company Airplanes’’ ((RIN2120– By Mr. LEAHY (for himself, Ms. COL- mittee on Energy and Natural Resources. AA64) (Docket No. FAA–2010–0856)) received LINS, Mr. SCHUMER, Ms. KLOBUCHAR, By Mr. MENENDEZ (for himself, Mr. in the Office of the President of the Senate Mr. BLUMENTHAL, and Ms. BALDWIN): LAUTENBERG, Mr. DURBIN, Mr. SCHU- on February 11, 2013; to the Committee on S. 296. A bill to amend the Immigration MER, Ms. STABENOW, Mr. CARDIN, Mrs. Commerce, Science, and Transportation. and Nationality Act to eliminate discrimina- EC–423. A communication from the Para- MCCASKILL, Mrs. GILLIBRAND, Mr. tion in the immigration laws by permitting WHITEHOUSE, Mrs. SHAHEEN, Mr. legal Specialist, Federal Aviation Adminis- permanent partners of United States citizens tration, Department of Transportation, FRANKEN, Mr. REED, Mr. NELSON, Ms. and lawful permanent residents to obtain KLOBUCHAR, Mr. BROWN, Mr. LEAHY, transmitting, pursuant to law, the report of lawful permanent resident status in the a rule entitled ‘‘Airworthiness Directives; and Mr. MERKLEY): same manner as spouses of citizens and law- S. 307. A bill to reduce the Federal budget The Boeing Company Airplanes’’ ((RIN2120– ful permanent residents and to penalize im- deficit by closing big oil tax loopholes, and AA64) (Docket No. FAA–2008–0619)) received migration fraud in connection with perma- for other purposes; to the Committee on Fi- in the Office of the President of the Senate nent partnerships; to the Committee on the nance. on February 11, 2013; to the Committee on Judiciary. By Mr. BEGICH: Commerce, Science, and Transportation. By Mr. RUBIO: EC–424. A communication from the Para- S. 308. A bill to amend title II of the Social S. 297. A bill to amend the Internal Rev- legal Specialist, Federal Aviation Adminis- Security Act and the Internal Revenue Code enue Code of 1986 to allow a credit against tration, Department of Transportation, of 1986 to make improvements in the old-age, tax for qualified elementary and secondary transmitting, pursuant to law, the report of survivors, and disability insurance program, education tuition; to the Committee on Fi- a rule entitled ‘‘Airworthiness Directives; to provide for cash relief for years for which nance. Airbus Airplanes’’ ((RIN2120–AA64) (Docket annual COLAs do not take effect under cer- By Mr. MENENDEZ (for himself, Mr. No. FAA–2012–0144)) received in the Office of tain cash benefit programs, and to provide CORKER, Mr. CARDIN, Mr. RUBIO, Mrs. the President of the Senate on February 11, for Social Security benefit protection; to the FEINSTEIN, Mrs. BOXER, Mr. INHOFE, 2013; to the Committee on Commerce, Committee on Finance. and Mr. DONNELLY): By Mr. HARKIN (for himself, Mr. COCH- Science, and Transportation. S. 298. A bill to prevent nuclear prolifera- EC–425. A communication from the Para- RAN, Mr. BEGICH, and Mr. WYDEN): tion in North Korea, and for other purposes; legal Specialist, Federal Aviation Adminis- S. 309. A bill to award a Congressional Gold to the Committee on Foreign Relations. tration, Department of Transportation, Medal to the World War II members of the By Mr. VITTER (for himself, Mr. transmitting, pursuant to law, the report of Civil Air Patrol; to the Committee on Bank- GRASSLEY, Mrs. FISCHER, and Mr. a rule entitled ‘‘Airworthiness Directives; ing, Housing, and Urban Affairs. SESSIONS): Airbus Airplanes’’ ((RIN2120–AA64) (Docket By Mr. MORAN (for himself, Mr. WAR- S. 299. A bill to prohibit appropriated funds No. FAA–2012–0596)) received in the Office of NER, Mr. COONS, and Mr. BLUNT): from being used in contravention of section S. 310. A bill to jump-start economic recov- the President of the Senate on February 11, 642(a) of the Illegal Immigration Reform and ery through the formation and growth of new 2013; to the Committee on Commerce, Immigrant Responsibility Act of 1996; to the businesses, and for other purposes; to the Science, and Transportation. Committee on the Judiciary. Committee on Finance. f By Mr. VITTER (for himself, Mr. SES- By Ms. LANDRIEU: INTRODUCTION OF BILLS AND SIONS, and Mr. LEE): S. 311. A bill to direct the Secretary of the JOINT RESOLUTIONS S. 300. A bill to prohibit the implementa- Interior to study the suitability and feasi- tion of any program that grants temporary bility of designating sites in the Lower Mis- The following bills and joint resolu- legal status to, or adjusts the status of, any sissippi River Area in the State of Louisiana tions were introduced, read the first individual who is unlawfully present in the as a unit of the National Park System, and

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for other purposes; to the Committee on En- LEAHY, Mr. REED, Mr. LAUTENBERG, S. Res. 34. A resolution commemorating ergy and Natural Resources. Mr. LEVIN, Mr. SANDERS, Mr. ROCKE- the 150th anniversary of Kansas State Uni- By Mr. UDALL of New Mexico (for FELLER, Mr. HARKIN, and Mr. versity; considered and agreed to. himself and Mr. HEINRICH): FRANKEN): f S. 312. A bill to adjust the boundary of the S. 321. A bill to reduce the deficit by im- Carson National Forest, New Mexico; to the posing a minimum effective tax rate for ADDITIONAL COSPONSORS Committee on Energy and Natural Re- high-income taxpayers; to the Committee on S. 37 sources. Finance. At the request of Mr. TESTER, the By Mr. CASEY (for himself, Mr. BURR, By Mrs. MURRAY (for herself, Mr. Mr. HARKIN, Mr. CARDIN, Mr. RUBIO, FRANKEN, Mr. BEGICH, and Ms. name of the Senator from Montana Mr. FRANKEN, Mr. MORAN, Mr. REED, HIRONO): (Mr. BAUCUS) was added as a cosponsor Mr. LEAHY, Mrs. BOXER, Mr. BROWN, S. 322. A bill to set the United States on of S. 37, a bill to sustain the economic Mr. SANDERS, Mr. BLUMENTHAL, Ms. track to ensure children are ready to learn development and recreational use of BALDWIN, Mr. BLUNT, Mr. COONS, Mr. when they begin kindergarten; to the Com- National Forest System land and other JOHANNS, and Mrs. GILLIBRAND): mittee on Health, Education, Labor, and public land in the State of Montana, to S. 313. A bill to amend the Internal Rev- Pensions. enue Code of 1986 to provide for the tax add certain land to the National Wil- By Mr. DURBIN (for himself and Mr. derness Preservation System, to re- treatment of ABLE accounts established COCHRAN): under State programs for the care of family S. 323. A bill to amend title XVIII of the lease certain wilderness study areas, to members with disabilities, and for other pur- Social Security Act to provide for extended designate new areas for recreation, and poses; to the Committee on Finance. months of Medicare coverage of immuno- for other purposes. By Mr. LAUTENBERG: suppressive drugs for kidney transplant pa- S. 119 S. 314. A bill to amend the Public Health tients and other renal dialysis provisions; to Service Act to improve the health of chil- At the request of Mrs. BOXER, the the Committee on Finance. name of the Senator from Oregon (Mr. dren and help better understand and enhance By Mr. CORNYN (for himself, Mr. WYDEN) was added as a cosponsor of S. awareness about unexpected sudden death in MCCONNELL, Mr. ROBERTS, Mr. early life; to the Committee on Health, Edu- HATCH, Mr. COCHRAN, Mr. GRASSLEY, 119, a bill to prohibit the application of cation, Labor, and Pensions. Mr. SHELBY, Mr. MCCAIN, Mr. INHOFE, certain restrictive eligibility require- By Ms. KLOBUCHAR (for herself, Mr. Mr. SESSIONS, Ms. COLLINS, Mr. ENZI, ments to foreign nongovernmental or- WICKER, Mr. SANDERS, Ms. COLLINS, Mr. CRAPO, Ms. MURKOWSKI, Mr. ganizations with respect to the provi- Mr. MENENDEZ, Mr. ISAKSON, Ms. MI- CHAMBLISS, Mr. GRAHAM, Mr. ALEX- sion of assistance under part I of the KULSKI, Mr. LEAHY, Mr. LAUTENBERG, ANDER, Mr. BURR, Mr. COBURN, Mr. Foreign Assistance Act of 1961. and Mr. NELSON): THUNE, Mr. ISAKSON, Mr. VITTER, Mr. S. 153 S. 315. A bill to reauthorize and extend the CORKER, Mr. BARRASSO, Mr. WICKER, Paul D. Wellstone Muscular Dystrophy Com- Mr. JOHANNS, Mr. RISCH, Mr. KIRK, At the request of Mr. BEGICH, the munity Assistance, Research, and Education Mr. COATS, Mr. BLUNT, Mr. MORAN, name of the Senator from Colorado Amendments of 2008; to the Committee on Mr. PORTMAN, Mr. BOOZMAN, Mr. (Mr. UDALL) was added as a cosponsor Health, Education, Labor, and Pensions. TOOMEY, Mr. HOEVEN, Mr. RUBIO, Mr. of S. 153, a bill to amend section 520J of By Mr. SANDERS (for himself, Mr. JOHNSON of Wisconsin, Mr. PAUL, Mr. the Public Health Service Act to au- LEAHY, Mrs. GILLIBRAND, Mr. LEE, Ms. AYOTTE, Mr. HELLER, Mr. FRANKEN, Mr. WYDEN, Mr. MERKLEY, thorize grants for mental health first SCOTT, Mr. FLAKE, Mr. CRUZ, and aid training programs. Mr. UDALL of New Mexico, and Mr. Mrs. FISCHER): BROWN): S.J. Res. 7. A joint resolution proposing an S. 169 S. 316. A bill to recalculate and restore re- amendment to the Constitution of the At the request of Mr. HATCH, the tirement annuity obligations of the United United States relative to balancing the budg- name of the Senator from South Da- States Postal Service, to eliminate the re- et; to the Committee on the Judiciary. quirement that the United States Postal kota (Mr. THUNE) was added as a co- Service prefund the Postal Service Retiree f sponsor of S. 169, a bill to amend the Health Benefits Fund, to place restrictions Immigration and Nationality Act to on the closure of postal facilities, to create SUBMISSION OF CONCURRENT AND authorize additional visas for well-edu- incentives for innovation for the United SENATE RESOLUTIONS cated aliens to live and work in the States Postal Service, to maintain levels of The following concurrent resolutions United States, and for other purposes. postal service, and for other purposes; to the and Senate resolutions were read, and S. 183 Committee on Homeland Security and Gov- referred (or acted upon), as indicated: ernmental Affairs. At the request of Mrs. MCCASKILL, By Mr. JOHANNS (for himself and Mrs. By Mrs. GILLIBRAND (for herself, Ms. the name of the Senator from Wyoming FISCHER): MIKULSKI, Mr. FRANKEN, Ms. LAN- (Mr. ENZI) was added as a cosponsor of S. 317. A bill to require the Inspector Gen- DRIEU, Mrs. BOXER, Mr. CARDIN, Mr. S. 183, a bill to amend title XVIII of the eral of the Environmental Protection Agen- WHITEHOUSE, Mr. COCHRAN, Mr. Social Security Act to provide for fair- LEVIN, Mr. MENENDEZ, Mr. LAUTEN- cy to include certain assessments in reports; ness in hospital payments under the BERG, Mr. COONS, Mr. SCHATZ, Mr. to the Committee on Environment and Pub- Medicare program. lic Works. BEGICH, Mr. MANCHIN, Mrs. HAGAN, By Mr. JOHANNS: Mrs. SHAHEEN, Mr. CASEY, Mr. S. 210 S. 318. A bill to rescind funds made avail- BROWN, Mr. WICKER, Mr. UDALL of At the request of Mr. HELLER, the able to the Administrator of the Environ- Colorado, Mr. NELSON, Mr. SCHUMER, name of the Senator from Georgia (Mr. Mr. PRYOR, Ms. CANTWELL, Mr. mental Protection Agency if the Adminis- CHAMBLISS) was added as a cosponsor of PORTMAN, Mr. ISAKSON, Mr. WYDEN, trator fails to meet certain deadlines; to the S. 210, a bill to amend title 18, United Mr. WARNER, Mr. MERKLEY, Mr. DUR- Committee on Environment and Public States Code, with respect to fraudulent Works. BIN, Mrs. MCCASKILL, Ms. STABENOW, By Mr. JOHANNS: Mrs. FEINSTEIN, Mr. COWAN, and Mr. representations about having received S. 319. A bill to require the Administrator REED): military declarations or medals. of the Environmental Protection Agency to S. Res. 31. A resolution celebrating Black S. 234 provide adequate data, modeling, and sup- History Month; considered and agreed to. At the request of Mr. REID, the name port in the development of a State imple- By Mr. HOEVEN (for himself and Ms. of the Senator from Oregon (Mr. mentation plan under the Clean Air Act; to HEITKAMP): the Committee on Environment and Public S. Res. 32. A resolution congratulating the WYDEN) was added as a cosponsor of S. Works. North Dakota State University football 234, a bill to amend title 10, United By Mr. JOHANNS (for himself, Mr. team for winning the 2012 National Colle- States Code, to permit certain retired BARRASSO, Mr. PAUL, Ms. COLLINS, giate Athletic Association Division I Foot- members of the uniformed services who Mr. GRASSLEY, Mr. COATS, Mr. JOHN- ball Championship Subdivision title; consid- have a service-connected disability to SON of Wisconsin, and Mrs. FISCHER): ered and agreed to. receive both disability compensation S. 320. A bill to amend chapter 8 of title 5, By Mr. MORAN (for himself and Mr. from the Department of Veterans Af- United States Code, to provide for congres- ROBERTS): fairs for their disability and either re- sional review of agency guidance documents; S. Res. 33. A resolution commemorating to the Committee on Homeland Security and the 150th anniversary of Emporia State Uni- tired pay by reason of their years of Governmental Affairs. versity; considered and agreed to. military service or Combat-Related By Mr. WHITEHOUSE (for himself, Ms. By Mr. ROBERTS (for himself and Mr. Special Compensation, and for other BALDWIN, Mr. BLUMENTHAL, Mr. MORAN): purposes.

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.031 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S709 S. 264 that resulted in the Strategy for Ac- to be joined this year by Senator COL- At the request of Ms. STABENOW, the tion to Advance Healthy Homes. In- LINS, a strong champion for American name of the Senator from Alaska (Ms. deed, there are many programs frag- families. She cosponsored this bill last MURKOWSKI) was added as a cosponsor mented across multiple agencies that Congress, and I thank her for her lead- of S. 264, a bill to expand access to are responsible for addressing housing- ership as she joins me as an original community mental health centers and related health hazards like lead and cosponsor today. improve the quality of mental health radon, and we should strive to improve Preserving family unity is central to care for all Americans. the efficiency and efficacy of these ef- our immigration policy. President f forts by ensuring that these agencies Obama understands that, which is why continue to work together. I was so pleased to see that he included STATEMENTS ON INTRODUCED The Healthy Housing Council Act, S. UAFA as a core tenet of the immigra- BILLS AND JOINT RESOLUTIONS 291, which Senator JOHANNS, FRANKEN, tion principles he outlined last month. By Mr. REED (for himself, Mr. and BOXER have also cosponsored, Even as American attitudes are JOHANNS, Mrs. BOXER, and Mr. would establish an independent inter- changing about the civil rights of gay FRANKEN): agency Council on Healthy Housing in and lesbian Americans, the so-called S. 290. A bill to reduce housing-re- the executive branch in order to im- Defense of Marriage Act forces many lated health hazards, and for other pur- prove coordination, bring existing ef- Americans to choose between the coun- poses; to the Committee on Banking, forts out of their respective silos, and try they love and being with the people Housing, and Urban Affairs. reduce duplication. they love. This destructive policy tears Mr. REED. Mr. President, today I am The bill calls for the council to con- families apart and forces hardworking introducing two bipartisan bills per- vene periodic meetings with experts in Americans to make the heart-wrench- taining to healthy housing, the the public and private sectors to dis- ing choice no American should have to Healthy Housing Council Act and the cuss ways to educate individuals and make. Families from Maine to Cali- Title X Amendments Act. These bills families on how to recognize housing- fornia experience this hardship. In seek to improve federal coordination of related health hazards and access the Vermont, I have seen firsthand the un- healthy housing efforts and better inte- necessary services and preventive fairness that couples have endured as a grate healthy housing activities into measures to combat these hazards. The result of our current laws and have the ongoing lead poisoning prevention council would also be required to hold spoken at length on their struggles in work at the Department of Housing biannual stakeholder meetings, main- this Chamber. I have heard from a and Urban Development. tain an updated website, and work to number of Vermonters who have had to The presence of housing-related unify healthy housing data collection make the difficult decision to leave health hazards is often overlooked or is and maintenance. their work and homes in Vermont in unable to be addressed, and yet these Our goal for these bills is to help re- order to be able to live with their hazards are sometimes the cause of a duce the more than 5.7 million house- spouses in more welcoming countries; variety of preventable diseases and holds living in conditions with mod- some whole spouses are legally in the conditions like cancer, lead poisoning, erate or severe health hazards, 23 mil- U.S. temporarily but worry daily when and asthma. While I have been working lion additional homes with lead-based they will be required to leave the U.S.; to address these hazards throughout paint hazards, 14,000 unintentional in- and some who suffer the heartbreak of my tenure in Congress, I was pleased jury and fire deaths every year that re- a long-distance marriage when their that the Administration last week re- sult from housing-related hazards, and spouses are denied even a visitor visa leased its Strategy for Action to Ad- 21,000 radon-associated lung cancer to spend some time with their spouses vance Healthy Housing, a multi-depart- deaths every year. Indeed, these num- in the U.S. The Senate Judiciary Com- ment and agency effort to develop con- bers contribute to increasing health mittee heard directly from families sensus-based criteria to address hous- care costs for individuals and families, like these as well. ing hazards that impact the health and as well as for federal, state, and local Over the past decade, Americans habitation of children and families. governments. have begun to reject the notion that This new Strategy for Action calls on Promoting low-cost measures to U.S. citizens who are gay or lesbian Federal agencies to address barriers eliminate subpar housing can make a should not have their committed rela- and disincentives to the delivery of dramatic and meaningful difference in tionships recognized by the law and the services to improve housing conditions, the lives of children and families and protections that provides. As of last particularly among low-income fami- help reduce health care costs. I urge month, the District of Columbia and lies with young children; replicate suc- our colleagues to join in supporting nine states, including Connecticut, cessful local healthy housing programs these bipartisan bills. Iowa, Maine, Maryland, Massachusetts, on a larger scale; and conduct more re- New Hampshire, New York, Wash- search into cost-effective advances in By Mr. LEAHY (for himself, Ms. ington, and my home state of Vermont, healthy housing programming. COLLINS, Mr. SCHUMER, Ms. have legalized same-sex marriage. At The Title X Amendments Act, S. 290, KLOBUCHAR, Mr. BLUMENTHAL, the end of the 111th Congress, bipar- which I am introducing with Senators and Ms. BALDWIN): tisan votes in both the Senate and the JOHANNS, FRANKEN, and BOXER, and has S. 296. A bill to amend the Immigra- House reversed the Military’s ‘‘Don’t been in the drafting stages for many tion and Nationality Act to eliminate Ask, Don’t Tell’’ policy, a 17-year-old months, responds to these calls for ac- discrimination in the immigration stricture that barred gay and lesbian tion. It would provide HUD with the laws by permitting permanent partners service men and women from openly necessary authority to continue to of United States citizens and lawful serving in the military. Consistent carry out healthy housing activities permanent residents to obtain lawful with the repeal of the ‘‘Don’t Ask, while protecting important ongoing permanent resident status in the same Don’t Tell’’ policy, just last week the lead remediation efforts, allow grant- manner as spouses of citizens and law- Pentagon signaled that it will begin ees to improve the conditions in zero- ful permanent residents and to penalize providing benefits to the same-sex bedroom units, and streamline eligi- immigration fraud in connection with spouses of military personnel. As they bility for assistance. These are simple, permanent partnerships; to the Com- have many times in our past and will yet necessary reforms designed to im- mittee on the Judiciary. continue in the future, prevailing prove and expand cost-effective serv- Mr. LEAHY. Mr. President, today I American attitudes are progressing to- ices, and I look forward to working am reintroducing the Uniting Amer- ward fairness and justice. The Supreme with my colleagues to see them en- ican Families Act, UAFA, which grants Court is poised to decide the fate of the acted. same-sex bi-national couples the same Defense of Marriage Act and whether It is also vital that we continue the immigration benefits heterosexual cou- that law, which deprives same-sex cou- type of collaboration and coordination ples have long enjoyed. This is the ples of over 1,000 Federal benefits and among Federal departments and agen- sixth Congress in which I have intro- responsibilities, is consistent with our cies, like HUD, HHS, EPA, and CDC, duced this legislation, and I am proud constitutional values.

VerDate Mar 15 2010 05:29 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.029 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S710 CONGRESSIONAL RECORD — SENATE February 13, 2013 Many of our friends around the world repeal of a section or other provision, the (1) by ‘‘spouse’’ each place it appears and have embraced immigration equality reference shall be considered to be made to inserting ‘‘spouse or permanent partner’’; for same-sex families. Today at least 25 that section or provision in the Immigration (2) by striking ‘‘spouses’’ and inserting nations, including some of our closest and Nationality Act (8 U.S.C. 1101 et seq.). ‘‘spouse, permanent partner,’’; (c) TABLE OF CONTENTS.—The table of con- (3) by inserting ‘‘(or, in the case of a per- allies, offer immigration benefits to tents for this Act is as follows: manent partnership, whose permanent part- same-sex couples. America should join Sec. 1. Short title; amendments to Immigra- nership was not terminated)’’ after ‘‘was not Argentina, Australia, Belgium, Brazil, tion and Nationality Act; table legally separated from the citizen’’; and Canada, the Czech Republic, Denmark, of contents. (4) by striking ‘‘remarries.’’ and inserting Finland, France, Germany, Greenland, Sec. 2. Definitions of permanent partner and ‘‘remarries or enters a permanent partner- Hungary, Iceland, Israel, Luxembourg, permanent partnership. ship with another person.’’. The Netherlands, New Zealand, Nor- Sec. 3. Worldwide level of immigration. SEC. 4. NUMERICAL LIMITATIONS ON INDI- way, Portugal, Romania, South Africa, Sec. 4. Numerical limitations on individual VIDUAL FOREIGN STATES. (a) PER COUNTRY LEVELS.—Section 202(a)(4) Spain, Sweden, Switzerland, and the foreign states. Sec. 5. Allocation of immigrant visas. (8 U.S.C. 1152(a)(4)) is amended— United Kingdom in leading on this Sec. 6. Procedure for granting immigrant (1) in the paragraph heading, by inserting issue of civil rights and respect for the status. ‘‘, PERMANENT PARTNERS,’’ after ‘‘SPOUSES’’; dignity of all families. I hope that Sen- Sec. 7. Annual admission of refugees and ad- (2) in the heading of subparagraph (A), by ators who supported this important ad- mission of emergency situation inserting ‘‘, PERMANENT PARTNERS,’’ after vancement in our military policy will refugees. ‘‘SPOUSES’’; and join me in calling for similar fairness Sec. 8. Asylum. (3) in the heading of subparagraph (C), by and equality in our immigration laws. Sec. 9. Adjustment of status of refugees. striking ‘‘AND DAUGHTERS’’ inserting ‘‘WITH- Some opponents of the United Amer- Sec. 10. Inadmissible aliens. OUT PERMANENT PARTNERS AND UNMARRIED Sec. 11. Nonimmigrant status for permanent DAUGHTERS WITHOUT PERMANENT PARTNERS’’. ican Families Act have argued that it partners awaiting the avail- (b) RULES FOR CHARGEABILITY.—Section would increase the potential for visa ability of an immigrant visa. 202(b)(2) (8 U.S.C. 1152(b)(2)) is amended— fraud. Of course I share the belief that Sec. 12. Conditional permanent resident sta- (1) by striking ‘‘his spouse’’ and inserting all immigration applications should be tus for certain alien spouses, ‘‘his or her spouse or permanent partner’’; screened for fraud, but I am confident permanent partners, and sons (2) by striking ‘‘such spouse’’ each place it that U.S. Citizenship and Immigration and daughters. appears and inserting ‘‘such spouse or per- Services will have no more difficulty Sec. 13. Conditional permanent resident sta- manent partner’’; and identifying fraud in same-sex relation- tus for certain alien entre- (3) by inserting ‘‘or permanent partners’’ preneurs, spouses, permanent after ‘‘husband and wife’’. ships than they do in heterosexual partners, and children. SEC. 5. ALLOCATION OF IMMIGRANT VISAS. marriages. The penalties for fraud Sec. 14. Deportable aliens. (a) PREFERENCE ALLOCATION FOR FAMILY under this bill would be the same as Sec. 15. Removal proceedings. MEMBERS OF PERMANENT RESIDENT ALIENS.— the penalties for marriage fraud. These Sec. 16. Cancellation of removal; adjustment Section 203(a)(2) (8 U.S.C. 1153(a)(2)) is are very strict penalties: a sentence of of status. amended— up to 5 years in prison, $250,000 in fines Sec. 17. Adjustment of status of non- (1) by striking the paragraph heading and for the U.S. citizen partner, and depor- immigrant to that of person ad- inserting the following: mitted for permanent resi- ‘‘(2) SPOUSES, PERMANENT PARTNERS, UN- tation for the foreign partner. In addi- dence. tion, in order to qualify as a bi-na- MARRIED SONS WITHOUT PERMANENT PART- Sec. 18. Application of criminal penalties to NERS, AND UNMARRIED DAUGHTERS WITHOUT tional couple under UAFA, petitioners for misrepresentation and con- PERMANENT PARTNERS OF PERMANENT RESI- must prove that they are at least 18 cealment of facts regarding per- DENT ALIENS.—’’; years of age and in a committed, life- manent partnerships. (2) in subparagraph (A), by inserting ‘‘, per- long relationship with another adult. Sec. 19. Requirements as to residence, good manent partners,’’ after ‘‘spouses’’; and The advancement of American ideals moral character, attachment to (3) in subparagraph (B), by striking ‘‘or un- that respect human relationships and the principles of the Constitu- married daughters’’ and inserting ‘‘without tion. permanent partners or the unmarried daugh- family bonds need not and should not Sec. 20. Naturalization for permanent part- be impeded by such fears. ters without permanent partners’’. ners of citizens. (b) PREFERENCE ALLOCATION FOR SONS AND Among developed countries with cul- Sec. 21. Application of family unity provi- DAUGHTERS OF CITIZENS.—Section 203(a)(3) (8 tures of respect for human rights and sions to permanent partners of U.S.C. 1153(a)(3)) is amended— fairness, the United States policy in certain LIFE Act beneficiaries. (1) by striking the paragraph heading and this regard is not living up to our great Sec. 22. Application to Cuban Adjustment inserting the following: traditions of equal treatment under the Act. ‘‘(2) MARRIED SONS AND DAUGHTERS OF CITI- law. We can and should do better. I SEC. 2. DEFINITIONS OF PERMANENT PARTNER ZENS AND SONS AND DAUGHTERS WITH PERMA- hope all Senators will agree that the AND PERMANENT PARTNERSHIP. NENT PARTNERS OF CITIZENS.—’’; and Section 101(a) (8 U.S.C. 1101(a)) is amend- United States should not have a policy (2) by inserting ‘‘, or sons or daughters ed— with permanent partners,’’ after ‘‘daugh- that forces Americans to choose be- (1) in paragraph (15)(K)(ii), by inserting ‘‘or ters’’. tween their country and the ones they permanent partnership’’ after ‘‘marriage’’; (c) EMPLOYMENT CREATION.—Section love, and I urge members of this body and 203(b)(5)(A)(ii) (8 U.S.C. 1153(b)(5)(A)(ii)) is to join Senator COLLINS and me in this (2) by adding at the end the following: amended by inserting ‘‘permanent partner,’’ effort. ‘‘(52) The term ‘permanent partner’ means after ‘‘spouse,’’. Mr. President, I ask unanimous con- an individual 18 years of age or older who— (d) TREATMENT OF FAMILY MEMBERS.—Sec- sent that the text of the bill be printed ‘‘(A) is in a committed, intimate relation- tion 203(d) (8 U.S.C. 1153(d)) is amended— ship with another individual 18 years of age (1) by inserting ‘‘or permanent partner’’ in the RECORD. or older in which both individuals intend a There being no objection, the text of after ‘‘section 101(b)(1)’’; and lifelong commitment; (2) by inserting ‘‘, permanent partner,’’ the bill was ordered to be printed in ‘‘(B) is financially interdependent with after ‘‘the spouse’’. the RECORD, as follows: that other individual; SEC. 6. PROCEDURE FOR GRANTING IMMIGRANT S. 296 ‘‘(C) is not married to, or in a permanent STATUS. Be it enacted by the Senate and House of Rep- partnership with, any individual other than (a) CLASSIFICATION PETITIONS.—Section resentatives of the United States of America in that other individual; 204(a)(1) (8 U.S.C. 1154(a)(1)) is amended— Congress assembled, ‘‘(D) is unable to contract with that other (1) in subparagraph (A)— individual a marriage cognizable under this SECTION 1. SHORT TITLE; AMENDMENTS TO IM- (A) in clause (ii), by inserting ‘‘or perma- MIGRATION AND NATIONALITY ACT; Act; and nent partner’’ after ‘‘spouse’’; TABLE OF CONTENTS. ‘‘(E) is not a first, second, or third degree (B) in clause (iii)— (a) SHORT TITLE.—This Act may be cited as blood relation of that other individual. (i) by inserting ‘‘or permanent partner’’ the ‘‘Uniting American Families Act of ‘‘(53) The term ‘permanent partnership’ after ‘‘spouse’’ each place it appears; and 2013’’. means the relationship that exists between 2 (ii) in subclause (I), by inserting ‘‘or per- (b) AMENDMENTS TO IMMIGRATION AND NA- permanent partners.’’. manent partnership’’ after ‘‘marriage’’ each TIONALITY ACT.—Except as otherwise specifi- SEC. 3. WORLDWIDE LEVEL OF IMMIGRATION. place it appears; cally provided in this Act, if an amendment Section 201(b)(2)(A)(i) (8 U.S.C. (C) in clause (v)(I), by inserting ‘‘perma- or repeal is expressed as the amendment or 1151(b)(2)(A)(i)) is amended— nent partner,’’ after ‘‘is the spouse,’’; and

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.035 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S711 (D) in clause (vi)— SEC. 12. CONDITIONAL PERMANENT RESIDENT (4) in paragraph (4)— (i) by inserting ‘‘or termination of the per- STATUS FOR CERTAIN ALIEN (A) by inserting ‘‘or permanent partner’’ manent partnership’’ after ‘‘divorce’’; and SPOUSES, PERMANENT PARTNERS, after ‘‘spouse’’ each place it appears; and AND SONS AND DAUGHTERS. (ii) by inserting ‘‘, permanent partner,’’ (B) by inserting ‘‘or permanent partner- (a) SECTION HEADING.— after ‘‘spouse’’; and ship’’ after ‘‘marriage’’. (1) IN GENERAL.—The heading for section (2) in subparagraph (B)— 216 (8 U.S.C. 1186a) is amended by striking SEC. 13. CONDITIONAL PERMANENT RESIDENT (A) by inserting ‘‘or permanent partner’’ STATUS FOR CERTAIN ALIEN ENTRE- ‘‘AND SONS’’ and inserting ‘‘, PERMANENT after ‘‘spouse’’ each place it appears; and PRENEURS, SPOUSES, PERMANENT PARTNERS, SONS,’’. (B) in clause (ii)— PARTNERS, AND CHILDREN. (2) CLERICAL AMENDMENT.—The table of (i) in subclause (I)(aa), by inserting ‘‘or (a) IN GENERAL.—Section 216A (8 U.S.C. contents is amended by amending the item 1186b) is amended— permanent partnership’’ after ‘‘marriage’’; relating to section 216 to read as follows: (ii) in subclause (I)(bb), by inserting ‘‘or (1) in the section heading, by inserting ‘‘, ‘‘Sec. 216. Conditional permanent resident permanent partnership’’ after ‘‘marriage’’ PERMANENT PARTNERS,’’ after ‘‘SPOUSES’’; and status for certain alien spouses, the first place it appears; and (2) in paragraphs (1), (2)(A), (2)(B), and permanent partners, sons, and (iii) in subclause (II)(aa), by inserting ‘‘(or (2)(C), by inserting ‘‘or permanent partner’’ daughters.’’. the termination of the permanent partner- after ‘‘spouse’’ each place it appears. (b) IN GENERAL.—Section 216(a) (8 U.S.C. (b) TERMINATION OF STATUS IF FINDING ship)’’ after ‘‘termination of the marriage’’. 1186a(a)) is amended— (b) IMMIGRATION FRAUD PREVENTION.—Sec- THAT QUALIFYING ENTREPRENEURSHIP IM- (1) in paragraph (1), by inserting ‘‘or per- tion 204(c) (8 U.S.C. 1154(c)) is amended— PROPER.—Section 216A(b)(1) (8 U.S.C. manent partner’’ after ‘‘spouse’’; and (1) by inserting ‘‘or permanent partner’’ 1186b(b)(1)) is amended by inserting ‘‘or per- (2) in paragraph (2)— after ‘‘spouse’’ each place it appears; and manent partner’’ after ‘‘spouse’’ in the mat- (A) in subparagraph (A), by inserting ‘‘or (2) by inserting ‘‘or permanent partner- ter following subparagraph (C). permanent partner’’ after ‘‘spouse’’; ship’’ after ‘‘marriage’’ each place it appears. (c) REQUIREMENTS OF TIMELY PETITION AND (B) in subparagraph (B), by inserting ‘‘per- INTERVIEW FOR REMOVAL OF CONDITION.—Sec- SEC. 7. ANNUAL ADMISSION OF REFUGEES AND manent partner,’’ after ‘‘spouse,’’; and ADMISSION OF EMERGENCY SITUA- tion 216A(c) (8 U.S.C. 1186b(c)) is amended, in (C) in subparagraph (C), by inserting ‘‘per- TION REFUGEES. paragraphs (1), (2)(A)(ii), and (3)(C), by in- Section 207(c) (8 U.S.C. 1157(c)) is amend- manent partner,’’ after ‘‘spouse,’’. serting ‘‘or permanent partner’’ after (c) TERMINATION OF STATUS IF FINDING ed— ‘‘spouse’’. THAT QUALIFYING MARRIAGE IMPROPER.—Sec- (1) in paragraph (2)— (d) DEFINITIONS.—Section 216A(f)(2) (8 tion 216(b) (8 U.S.C. 1186a(b)) is amended— (A) by inserting ‘‘, permanent partner,’’ U.S.C. 1186b(f)(2)) is amended by inserting (1) in the subsection heading, by inserting after ‘‘spouse’’ each place it appears; and ‘‘or permanent partner’’ after ‘‘spouse’’ each ‘‘OR PERMANENT PARTNERSHIP’’ after ‘‘MAR- (B) by inserting ‘‘, permanent partner’s,’’ place it appears. RIAGE’’; and (e) CLERICAL AMENDMENT.—The table of after ‘‘spouse’s’’; and (2) in paragraph (1)(A)— contents is amended by amending the item (2) in paragraph (4), by inserting ‘‘, perma- (A) by inserting ‘‘or permanent partner- relating to section 216A to read as follows: nent partner,’’ after ‘‘spouse’’. ship’’ after ‘‘marriage’’; and SEC. 8. ASYLUM. (B) in clause (ii)— ‘‘Sec. 216A. Conditional permanent resident Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is (i) by inserting ‘‘or has ceased to satisfy status for certain alien entre- amended— the criteria for being considered a perma- preneurs, spouses, permanent (1) in the paragraph heading, by inserting nent partnership under this Act,’’ after ‘‘ter- partners, and children.’’. ‘‘, PERMANENT PARTNER,’’ after ‘‘SPOUSE’’; and minated,’’; and SEC. 14. DEPORTABLE ALIENS. (2) in subparagraph (A), by inserting ‘‘, per- (ii) by inserting ‘‘or permanent partner’’ Section 237(a)(1) (8 U.S.C. 1227(a)(1)) is manent partner,’’ after ‘‘spouse’’. after ‘‘spouse’’. amended— SEC. 9. ADJUSTMENT OF STATUS OF REFUGEES. (d) REQUIREMENTS OF TIMELY PETITION AND (1) in subparagraph (D)(i), by inserting ‘‘or Section 209(b)(3) (8 U.S.C. 1159(b)(3)) is INTERVIEW FOR REMOVAL OF CONDITION.—Sec- permanent partners’’ after ‘‘spouses’’ each amended by inserting ‘‘, permanent part- tion 216(c) (8 U.S.C. 1186a(c)) is amended— place it appears; ner,’’ after ‘‘spouse’’. (1) in paragraphs (1), (2)(A)(ii), (3)(A)(ii), (2) in subparagraphs (E)(ii), (E)(iii), and SEC. 10. INADMISSIBLE ALIENS. (3)(C), (4)(B), and (4)(C), by inserting ‘‘or per- (H)(i)(I), by inserting ‘‘or permanent part- (a) CLASSES OF ALIENS INELIGIBLE FOR manent partner’’ after ‘‘spouse’’ each place ner’’ after ‘‘spouse’’; VISAS OR ADMISSION.—Section 212(a) (8 U.S.C. it appears; and (3) by inserting after subparagraph (E) the 1182(a)) is amended— (2) in paragraph (3)(A), (3)(D), (4)(B), and following: (1) in paragraph (3)(D)(iv), by inserting (4)(C), by inserting ‘‘or permanent partner- ‘‘(F) PERMANENT PARTNERSHIP FRAUD.—An ‘‘permanent partner,’’ after ‘‘spouse,’’; ship’’ after ‘‘marriage’’ each place it appears. alien shall be considered to be deportable as (2) in paragraph (4)(C)(i)(I), by inserting ‘‘, (e) CONTENTS OF PETITION.—Section having procured a visa or other documenta- permanent partner,’’ after ‘‘spouse’’; 216(d)(1) (8 U.S.C. 1186a(d)(1)) is amended— tion by fraud (within the meaning of section (3) in paragraph (6)(E)(ii), by inserting (1) in subparagraph (A)— 212(a)(6)(C)(i)) and to be in the United States (A) in the heading, by inserting ‘‘OR PER- ‘‘permanent partner,’’ after ‘‘spouse,’’; and in violation of this Act (within the meaning MANENT PARTNERSHIP’’ after ‘‘MARRIAGE’’; (4) in paragraph (9)(B)(v), by inserting ‘‘, of subparagraph (B)) if— (B) in clause (i)— permanent partner,’’ after ‘‘spouse’’. ‘‘(i) the alien obtains any admission to the (i) by inserting ‘‘or permanent partner- (b) WAIVERS.—Section 212(d) (8 U.S.C. United States with an immigrant visa or ship’’ after ‘‘marriage’’; 1182(d)) is amended— other documentation procured on the basis (ii) in subclause (I), by inserting before the (1) in paragraph (11), by inserting ‘‘perma- of a permanent partnership entered into less comma at the end ‘‘, or is a permanent part- nent partner,’’ after ‘‘spouse,’’; and than 2 years before such admission and nership recognized under this Act’’; and (2) in paragraph (12), by inserting ‘‘, perma- which, within 2 years subsequent to such ad- (iii) in subclause (II)— nent partner,’’ after ‘‘spouse’’. mission, is terminated because the criteria (I) by inserting ‘‘or has not ceased to sat- (c) WAIVERS OF INADMISSIBILITY ON HEALTH- for permanent partnership are no longer ful- RELATED GROUNDS.—Section 212(g)(1)(A) (8 isfy the criteria for being considered a per- manent partnership under this Act,’’ after filled, unless the alien establishes to the sat- U.S.C. 1182(g)(1)(A)) is amended by inserting isfaction of the Secretary of Homeland Secu- ‘‘, permanent partner,’’ after ‘‘spouse’’. ‘‘terminated,’’; and (II) by inserting ‘‘or permanent partner’’ rity that such permanent partnership was (d) WAIVERS OF INADMISSIBILITY ON CRIMI- not contracted for the purpose of evading NAL AND RELATED GROUNDS.—Section after ‘‘spouse’’; and (C) in clause (ii), by inserting ‘‘or perma- any provision of the immigration laws; or 212(h)(1)(B) (8 U.S.C. 1182(h)(1)(B)) is amended ‘‘(ii) it appears to the satisfaction of the by inserting ‘‘permanent partner,’’ after nent partner’’ after ‘‘spouse’’; and (2) in subparagraph (B)(i)— Secretary of Homeland Security that the ‘‘spouse,’’. alien has failed or refused to fulfill the (e) WAIVER OF INADMISSIBILITY FOR MIS- (A) by inserting ‘‘or permanent partner- alien’s permanent partnership, which the REPRESENTATION.—Section 212(i)(1) (8 U.S.C. ship’’ after ‘‘marriage’’; and Secretary of Homeland Security determines 1182(i)(1)) is amended by inserting ‘‘perma- (B) by inserting ‘‘or permanent partner’’ was made for the purpose of procuring the nent partner,’’ after ‘‘spouse,’’. after ‘‘spouse’’. (f) DEFINITIONS.—Section 216(g) (8 U.S.C. alien’s admission as an immigrant.’’; and SEC. 11. NONIMMIGRANT STATUS FOR PERMA- (4) in paragraphs (2)(E)(i) and (3)(C)(ii), by NENT PARTNERS AWAITING THE 1186a(g)) is amended— AVAILABILITY OF AN IMMIGRANT (1) in paragraph (1)— inserting ‘‘or permanent partner’’ after VISA. (A) by inserting ‘‘or permanent partner’’ ‘‘spouse’’ each place it appears. Section 214(r) (8 U.S.C. 1184(r)) is amend- after ‘‘spouse’’ each place it appears; and SEC. 15. REMOVAL PROCEEDINGS. ed— (B) by inserting ‘‘or permanent partner- Section 240 (8 U.S.C. 1229a) is amended— (1) in paragraph (1), by inserting ‘‘or per- ship’’ after ‘‘marriage’’ each place it appears; (1) in the heading of subsection manent partner’’ after ‘‘spouse’’; and (2) in paragraph (2), by inserting ‘‘or per- (c)(7)(C)(iv), by inserting ‘‘PERMANENT PART- (2) in paragraph (2), by inserting ‘‘or per- manent partnership’’ after ‘‘marriage’’; NERS,’’ after ‘‘SPOUSES,’’; and manent partnership’’ after ‘‘marriage’’ each (3) in paragraph (3), by inserting ‘‘or per- (2) in subsection (e)(1), by inserting ‘‘per- place it appears. manent partnership’’ after ‘‘marriage’’; and manent partner,’’ after ‘‘spouse,’’.

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.036 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S712 CONGRESSIONAL RECORD — SENATE February 13, 2013 SEC. 16. CANCELLATION OF REMOVAL; ADJUST- (4) in subsection (e)(1)— This area in Southeastern Louisiana MENT OF STATUS. (A) by inserting ‘‘or permanent partner’’ has contributed much to our Nation’s Section 240A(b) (8 U.S.C. 1229b(b)) is after ‘‘spouse’’; amended— history, and there are many stories (B) by inserting ‘‘by the Secretary of De- that have yet to be preserved for future (1) in paragraph (1)(D), by inserting ‘‘or fense’’ after ‘‘is authorized’’; and permanent partner’’ after ‘‘spouse’’; and (C) by inserting ‘‘or permanent partner- generations. Unless Congress acts to (2) in paragraph (2)— ship’’ after ‘‘marital union’’; and preserve these historical assets, they (A) in the paragraph heading, by inserting (5) in subsection (e)(2), by inserting ‘‘or will be lost forever. That is why I am ‘‘, PERMANENT PARTNER,’’ after ‘‘SPOUSE’’; and permanent partner’’ after ‘‘spouse’’. again for the fourth time, introducing (B) in subparagraph (A), by inserting ‘‘, (b) SAVINGS PROVISION.—Section 319(e) (8 this legislation. It is important that permanent partner,’’ after ‘‘spouse’’ each U.S.C. 1430(e)) is amended by adding at the this legislation become law and I look place it appears. end the following: forward to working with my colleagues SEC. 17. ADJUSTMENT OF STATUS OF NON- ‘‘(3) Nothing in this subsection may be con- IMMIGRANT TO THAT OF PERSON strued to confer a right for an alien to ac- to enact it. ADMITTED FOR PERMANENT RESI- company a member of the Armed Forces of In order to be designated as a unit in DENCE. the United States or to reside abroad with the National Park System, the Depart- (a) PROHIBITION ON ADJUSTMENT OF STA- such member, except as authorized by the ment of the Interior must first conduct TUS.—Section 245(d) (8 U.S.C. 1255(d)) is Secretary of Defense in the member’s official a special resources study to determine amended by inserting ‘‘or permanent part- orders.’’. nership’’ after ‘‘marriage’’. whether an area possesses nationally SEC. 21. APPLICATION OF FAMILY UNITY PROVI- (b) AVOIDING IMMIGRATION FRAUD.—Section significant natural, cultural or rec- SIONS TO PERMANENT PARTNERS 245(e) (8 U.S.C. 1255(e)) is amended— OF CERTAIN LIFE ACT BENE- reational resources to be eligible for fa- (1) in paragraph (1), by inserting ‘‘or per- FICIARIES. vorable consideration. manent partnership’’ after ‘‘marriage’’; and Section 1504 of the LIFE Act Amendments This is exactly what my bill does—it (2) by adding at the end the following: of 2000 (division B of Public Law 106–554; 114 asks the Department of the Interior to ‘‘(4)(A) Paragraph (1) and section 204(g) Stat. 2763–325) is amended— take the first step in determining what shall not apply with respect to a permanent (1) in the heading, by inserting ‘‘, PERMA- partnership if the alien establishes by clear I already know—that the Lower Mis- NENT PARTNERS,’’ after ‘‘SPOUSES’’; sissippi River Area would be a suitable and convincing evidence to the satisfaction (2) in subsection (a), by inserting ‘‘, perma- of the Secretary of Homeland Security nent partner,’’ after ‘‘spouse’’; and and feasible asset to the National Park that— (3) in each of subsections (b) and (c)— Service. ‘‘(i) the permanent partnership was entered (A) in each of the subsection headings, by As many from Louisiana are already into in good faith and in accordance with inserting ‘‘, PERMANENT PARTNERS,’’ after aware, this area has vast historical sig- section 101(a)(52); ‘‘SPOUSES’’; and nificance with cultural history. In the ‘‘(ii) the permanent partnership was not (B) by inserting ‘‘, permanent partner,’’ 1500s, Spanish explorers traveled along entered into for the purpose of procuring the after ‘‘spouse’’ each place it appears. the banks of the river. In 1682, Robert alien’s admission as an immigrant; and SEC. 22. APPLICATION TO CUBAN ADJUSTMENT ‘‘(iii) no fee or other consideration was de LaSalle claimed all the land drained ACT. by the area. In 1699, the site of the first given (other than a fee or other consider- (a) IN GENERAL.—The first section of Pub- ation to an attorney for assistance in prepa- lic Law 89–732 (8 U.S.C. 1255 note) is amend- fortification on the Lower Mississippi ration of a lawful petition) for the filing of a ed— river, known as Fort Mississippi. Since petition under section 204(a) or 214(d) with (1) in the next to last sentence, by insert- then, it has been home to ten different respect to the alien permanent partner. ing ‘‘, permanent partner,’’ after ‘‘spouse’’ fortifications, including Fort St. Phil- ‘‘(B) The Secretary shall promulgate regu- the first 2 places it appears; and lip and Fort Jackson. lations that provide for only 1 level of ad- (2) in the last sentence, by inserting ‘‘, per- Fort St. Philip, which was originally ministrative appellate review for each alien manent partners,’’ after ‘‘spouses’’. under subparagraph (A).’’. built in 1749, played a key role during (b) CONFORMING AMENDMENT.—Section the Battle of New Orleans when Amer- (c) ADJUSTMENT OF STATUS FOR CERTAIN 101(a)(51)(D) (8 U.S.C. 1101(a)(51)(D)) is ALIENS PAYING FEE.—Section 245(i)(1)(B) (8 amended by striking ‘‘or spouse’’ and insert- ican soldiers blocked the British Navy U.S.C. 1255(i)(1)(B)) is amended by inserting ing ‘‘, spouse, or permanent partner’’. from going upriver. Fort Jackson was ‘‘, permanent partner,’’ after ‘‘spouse’’. built at the request of General Andrew SEC. 18. APPLICATION OF CRIMINAL PENALTIES By Ms. LANDRIEU: Jackson and partially constructed by TO FOR MISREPRESENTATION AND S. 311. A bill to direct the Secretary CONCEALMENT OF FACTS REGARD- famous local Civil War General, P.G.T. ING PERMANENT PARTNERSHIPS. of the Interior to study the suitability Beauregard. This fort was the site of Section 275(c) (8 U.S.C. 1325(c)) is amended and feasibility of designating sites in the famous Civil War battle known as to read as follows: the Lower Mississippi River Area in the ‘‘Battle of Forts’’ which is also re- ‘‘(c) Any individual who knowingly enters the State of Louisiana as a unit of the ferred to as the ‘‘night the war was into a marriage or permanent partnership National Park System, and for other lost.’’ As you can see, from a historical for the purpose of evading any provision of the immigration laws shall be imprisoned for purposes; to the Committee on Energy perspective, this area has many treas- not more than 5 years, fined not more than and Natural Resources. ures that provide a glimpse into our $250,000, or both.’’. Ms. LANDRIEU. Mr. President, I rise past. These are treasures that have na- SEC. 19. REQUIREMENTS AS TO RESIDENCE, today to introduce legislation entitled tional significance and they should be GOOD MORAL CHARACTER, ATTACH- the Lower Mississippi River National maintained and preserved. MENT TO THE PRINCIPLES OF THE Historic Site Study Act. This bill will In addition, there are many other im- CONSTITUTION. Section 316(b) (8 U.S.C. 1427(b)) is amended direct the Secretary of the Interior to portant and unique attributes to this by inserting ‘‘, permanent partner,’’ after study the suitability and feasibility of area. This area is home to the longest ‘‘spouse’’. designating sites in Plaquemines Par- continuous river road and levee system SEC. 20. NATURALIZATION FOR PERMANENT ish along the Lower Mississippi River in the U.S. It is also home to the an- PARTNERS OF CITIZENS. Area as units of the National Park Sys- cient Head of Passes site, to the (a) IN GENERAL.—Section 319 (8 U.S.C. 1430) tem. I know there are several of my Plaquemines Bend, and to two National is amended— colleagues across the aisle that do not Wildlife Refuges. (1) in subsection (a)— want to authorize such studies because Finally, this area has a rich cultural (A) by inserting ‘‘or permanent partner’’ after ‘‘spouse’’ each place it appears; and they only target one area, or because it heritage. Over the years, many dif- (B) by inserting ‘‘or permanent partner- potentially will cost the Federal Gov- ferent cultures have made this area ship’’ after ‘‘marital union’’; ernment a modest amount to conduct home, including Creoles, Europeans, (2) in subsection (b)— such a study. I can appreciate those Indians, Yugoslavs, African-Americans (A) in paragraph (1), by inserting ‘‘or per- sentiments, but the good news with and Vietnamese. These cultures have manent partner’’ after ‘‘spouse’’; and this particular study, is that the local worked together to create the infra- (B) in paragraph (3), by inserting ‘‘or per- government feels this is so important structure for the transport of our Na- manent partner’’ after ‘‘spouse’’; to get done, they are willing to pay for tion’s energy, which is being produced (3) in subsection (d)— (A) by inserting ‘‘or permanent partner’’ all or some of the study if necessary, by these same people off our shores in after ‘‘spouse’’ each place it appears; and because they know these sites deserve the Gulf of Mexico. They have also cre- (B) by inserting ‘‘or permanent partner- Federal recognition as a unit of the Na- ated a vibrant fishing industry that ship’’ after ‘‘marital union’’; tional Park Service. contributes to Louisiana’s economy.

VerDate Mar 15 2010 05:29 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.036 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S713 I think it is easy to see why this area the Congressional Review Act. As cur- abundantly clear—and is instead treat- would make an excellent addition to rently written, the CRA covers only ing State agencies as second-class citi- the National Park Service. However, substantial agency rules. Meanwhile, zens. For evidence of this, we need look the longer Congress takes to act, the EPA has made use of what they call no farther than the text of a recent greater the opportunity for these treas- guidance documents to simply cir- court opinion. ures and their rich history to erode cumvent the accountability that comes In a case last year involving the away. Unfortunately, this area has with the rulemaking process, while Clean Air Act, the DC Circuit Court of weathered the passing of several hurri- still making major policy changes. Appeals ultimately struck down an canes, including Katrina and most re- Using guidance documents also shields EPA rule known as the Cross-State Air cently Isaac, and is now suffering from the policy change from being reversed Pollution Rule or the transport rule. the impacts of the BP oil spill. All of by Congress under the Congressional Here is what the court said: these events threaten to destroy these Review Act. (t)he Federal Government sets air quality historical assets, but this need not be Perhaps, though, the most obvious standards for pollutants. The States have the case. These assets need protection example was the use of a guidance doc- the primary responsibility for determining and this is the first step in securing it. ument to expand the regulatory reach how to meet those standards and regulating sources within their borders. That is why I am re-introducing this of EPA and the Corps of Engineers over bill—to conduct a study to determine bodies of water not currently covered. Well, the trouble, according to the the suitability and feasibility of in- They did this by expanding the defini- opinion, is that the EPA ignored the cluding this area in the system and ul- tion of ‘‘waters of the United States’’ law. That is truly what the court ruled: timately to begin the process of adding under the Clean Water Act. The EPA snubbed their nose at us, Con- this area as a unit of the National Park changes are extremely controversial, gress, and therefore the law. It did not Service. I look forward to working with so the agencies chose a path that in- give the States the time needed to de- my colleagues to quickly enact this tentionally minimized oversight and velop a plan to meet the standards. In- bill. legal responsibility. In other words, stead, EPA tried to force-feed States they did an end-run around us—they the implementation plan EPA devel- By Mr. JOHANNS (for himself did an end-run around the American oped. and Mrs. FISCHER): people and Congress. I can say with some certainty that S. 317. A bill to require the Inspector My bill closes this loophole by ensur- my home State of Nebraska is much General of the Environmental Protec- ing that guidance documents are cov- better off when allowed to develop a tion Agency to include certain assess- ered by the Congressional Review Act plan tailored to our State, rather than ments in reports; to the Committee on just as similar regulations would be. to accept a ‘‘one size fits all,’’ ‘‘my way Environment and Public Works. Senators Barrasso, Grassley, Paul, or the highway,’’ overreaching Federal Mr. JOHANNS. Mr. President, I rise Coats, and Fischer have agreed to co- plan. today to discuss changes needed at the sponsor this commonsense change, and The court explained it this way: Environmental Protection Agency to I want to say thank you to them for . . . (t)he Clean Air Act affords States the rebuild public trust and transparency. this critical support. initial opportunity to implement reductions The reviews of this agency are al- The idea behind this is simple and required by EPA under the good neighbor provision. But here, where EPA quantified most unanimous from my constituents straightforward: Major policy changes pursued through the use of guidance States’ good neighbor obligations, it did not in Nebraska. Quite frankly, my con- allow the States the initial opportunity to stituents are frustrated, and some- documents need to come here. They need to have our scrutiny, the scrutiny implement the required reductions with re- times just plain angry. While the de- spect to sources within their borders. of the public, and the congressional tails and specific issues will vary from The court’s conclusion in turn was oversight rules need to apply. It is that one industry to another, the theme absolutely and abundantly clear: seems to always be the same: Nebras- straightforward. My second proposal likewise pro- . . . EPA’s Transport Rule violates federal kans think EPA doesn’t understand do- motes transparency by addressing how law. Therefore, the rule must be vacated. mestic businesses, nor do they under- the agency responds to our States. It That is the holding of the court. stand job creation—from specific in- says simply this: If a State is devel- My bill targets the relationship be- dustries, to their employees, to their oping its plan to implement a rule or a tween EPA and the States, and takes customers. They think the agency is standard established by the EPA under steps to restore the equal footing that not transparent, is arrogant, and often- the Clean Air Act, any reasonable re- has been eroded over the past several times unresponsive. I hear this from ag quest that a State makes to the agency years by the EPA. My bill says, very producers, I hear it from the construc- for technical support, data, or mod- simply, if a State has a question about tion industry, I hear it from electricity eling must be honored. the data or the modeling driving a providers, I hear it from city managers Here is why this is important: State standard, the EPA cannot shut them and mayors. governments are equal partners in out or slow-walk their request. They Do you know what else. These folks much of the work the EPA does. That have to be responsive. So no more hid- don’t speak with an R or a D beside is the law. In fact, the law specifically ing the ball, as the saying goes, just their name but, rather, an A for Amer- recognizes the prominent role States simple transparency and a true partner ican. Their message is loud, it is very have. Section 101 of the Clean Air Act, working relationship. clear, and it is unmistakable: EPA is for example, notes that: The third good government bill I am overreaching, overbearing, and over- . . . air pollution control at its source is introducing addresses broad frustration stepping boundaries that have long ex- the primary responsibility of States and with what I would call the EPA bomb- isted. The request is always the same. local governments. shells. By that I mean the agency’s They ask: Senator, what can you do? The law further declares that its pur- failure to obey current law directing What can you do to change how they pose is, in part: them to publish regulatory agendas. act? . . . to provide technical and financial as- This is remarkable. It is remarkable Nebraskans’ frustration is driven by sistance to State and local governments in that EPA continues to struggle with both what EPA is trying to do—mean- connection with the development and execu- telling the public what rules are com- ing the content of their rules and tion of their air pollution prevention and ing. But they do. standards—as well as how the agency is control programs. As a child, I always enjoyed birthday making its decisions. So today I will be Also, section 101 of the Federal Water parties and all the surprises. But EPA introducing several proposals to ad- Pollution Control Act declares: regulations are no party for people, and dress these two areas. It is the policy of the Congress to recog- they shouldn’t come as a surprise. My first proposal addresses how EPA nize, preserve, and protect the primary re- Well, it turns out that several execu- conducts business by increasing trans- sponsibilities and rights of States to prevent, tive orders and existing statutes in- parency in policy decisions. I am intro- reduce, and eliminate pollution . . . struct EPA to tell the public what ex- ducing a bill that brings agency guid- Unfortunately, the EPA is not hon- actly is on its regulatory agenda. Sec- ance documents under the coverage of oring that language—although it is tion 602 of the Regulatory Flexibility

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Act, for example, requires the agencies S. 323. A bill to amend title XVIII of alysis—more than $75,000 a year for 21⁄2 to publish: the Social Security Act to provide for years. Medicare also paid for Derek’s During the months of October and April of extended months of Medicare coverage kidney transplant at a cost of about each year . . . a regulatory flexibility agenda of immunosuppressive drugs for kidney $110,000. which shall contain a brief description of the transplant patients and other renal di- For the last two and a half years, subject area of any rule which the agency ex- alysis provisions; to the Committee on Medicare has covered the expensive im- pects to propose . . . Finance. munosuppressive medication Derek Also, Executive Order 12866 requires Mr. DURBIN. Mr. President, today I must take for the rest of his life to en- the EPA to update its regulatory agen- am introducing the Comprehensive Im- sure that his body doesn’t reject his da twice a year. munosuppressive Drug Coverage for new kidney. These updates are supposed to be Kidney Transplant Patients Act with Here’s the problem: Derek’s Medicare published in a document known as the my colleague Senator THAD COCHRAN. coverage runs out in July. Unified Agenda. It seems clear to me; More than 26 million American Without Medicare coverage, Derek unfortunately, not clear to EPA. EPA adults are living with chronic kidney will be burdened with prescription drug has ignored these requirements. It costs of roughly $1500 per month—more failed to publish an agenda in the disease. Fortunately, many of these in- spring of 2012, it published nothing in dividuals are able to improve their con- than he and almost any family could October, and then waited until Decem- dition through medication and lifestyle afford. ber 2012 to publish anything at all. change. There is an unfair and unrealistic gap That is not acceptable. The adminis- But more than half of a million in coverage for people with end stage tration simply played hide-the-ball Americans live with irreversible kid- renal disease who, like Derek, are nei- until after the election. ney failure or end-stage renal disease. ther elderly nor disabled. My bill instructs the EPA Office of They have only two choices to sur- For those transplant recipients, Inspector General—known as EPA’s vive—both of them hard. They can re- Medicare coverage, including coverage OIG—to assess whether EPA obeys the ceive regular and frequent dialysis or of immunosuppressive drugs, ends 36 law and publishes its regulatory agen- they can receive a kidney transplant. months after transplantation. da according to deadlines. The OIG is In 1972, Congress made a commit- If only the need to continue the im- tasked with reviewing what EPA does ment to individuals with end-stage munosuppressive drugs also ended 36 and reporting on problems, abuses, and renal disease, or ERSD, to cover the months after transplantation. But it efficiencies. My legislation simply di- treatment they needed, including pos- doesn’t. rects the OIG to include in its reports sible transplants, under Medicare, re- Without immunosuppressive drugs to a tally of whether EPA has met its gardless of their age. prevent rejection, many patients find legal requirements to publish planned Organ transplantation is a medical themselves back in a risky and fright- regulations. success story. Thousands of kidney ening place—in need of a new kidney. My point here is that EPA simply transplants are done every year, and A recent New England Journal of needs to meet its legal requirements. It for the patients fortunate enough to re- Medicine report estimates that extend- needs to be transparent, which means ceive a donated organ, the quality and ing immunosuppressive drug coverage simply to be honest with the American length of their lives can be dramati- to people who now lose it after 36 people about new regulations it is plan- cally improved. months will save Medicare approxi- ning. But not everyone who needs a do- mately $200 million a year by helping My fourth and final EPA bill puts nated kidney receives one. There are to prevent kidney rejections. some teeth behind my request that the currently more than 100,000 Americans Extending immunosuppressive drug agency deal with the American people on the waiting list for a kidney trans- coverage saves lives and it saves in an honest way. It shouldn’t be need- plant. money. ed, but it is. It simply says we will re- Last year, 15,000 transplants were Sadly, Derek isn’t alone. It is esti- duce EPA’s budget if the agency fails performed while more than 30,000 peo- mated that over 45,000 successful trans- to meet its legal deadlines for regu- ple were added to that waitlist. plant recipients are at risk of losing latory agenda setting. If a deadline Derek Haney is one of the lucky ones their immunosuppressive drug cov- passes and the agency has not pub- who beat those odds and received a kid- erage. lished its agenda, then the Office of the ney transplant. This makes no sense morally, medi- Administrator loses $20,000 per week Derek is a brave young man raised in cally or economically. until the deadline is met. If this ap- Effingham, IL, a small city in central I am pleased to join my Republican proach sounds familiar, that is because Illinois. colleague, Senator COCHRAN, in intro- this bill is modeled after a provision in In 2008 the unexpected happened. ducing the Comprehensive Immuno- the highway bill that passed with sub- Derek became chronically ill. After suppressive Drug Coverage for Kidney stantial bipartisan margins in both the regular trips to the hospital, Derek’s Transplant Patients Act. Senate and the House last year. Sec- doctors discovered that his kidneys This bipartisan legislation would tion 1306 of the highway bill authorizes were only functioning at 10 percent. At allow kidney transplant recipients to the rescission of $20,000 per week from the age of 23, Derek was diagnosed with continue Medicare coverage for the agencies that fail to complete docu- end stage renal disease. purpose of immunosuppressive drugs ments required by transportation For the next two and a half years of only. All other Medicare coverage projects. The rationale is straight- his life, Derek underwent dialysis. would end 36 months after the trans- forward and accepted by Congress: If an Three times a week he would go in a 4- plant. agency does not complete its work ac- hour dialysis treatment, while he wait- Our legislation will reduce the need cording to reasonable schedules, then ed for a kidney. The dialysis treat- for dialysis and repeated kidney trans- the budget gets decreased. I have outlined four commonsense so- ments meant that Derek had to put his plants. It will provide reliable, sus- lutions designed to respond to reason- college plans on hold, but he continued tained access to critically important, able concerns of real people and to re- to work full-time and never gave up life-saving medications for thousands spond to their heartfelt frustration hope. of Americans. with this agency. But, above all, they On July 15, 2010, Derek got his new In both moral and economic terms, promote transparency and they pro- kidney. this is the right decision and I urge our mote responsible government. Two and a half years later, Derek is colleagues to join us in passing this I urge my colleagues to assist and co- still healthy. He is pursuing a degree in reasonable, targeted, lifesaving bill. sponsor these proposals that bring business administration at a local com- Mr. President, I ask unanimous con- transparency and a dose of reality to munity college. He hopes to transfer sent that the text of the bill be printed an out-of-control Federal agency. soon to a university where he can work in the RECORD. toward a CPA license. There being no objection, the text of By Mr. DURBIN (for himself and Fortunate1y for Derek and his fam- the bill was ordered to be printed in Mr. COCHRAN): ily, Medicare covered the expense of di- the RECORD, as follows:

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.031 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S715 S. 323 ‘‘(2) In the case of such an individual who time limitation, except that when such indi- Be it enacted by the Senate and House of Rep- enrolls in part B for coverage of immuno- vidual becomes entitled to benefits under resentatives of the United States of America in suppressive drugs under section 1837(m)(2), this title under sections 226(a) or 226(b), or Congress assembled, such individual’s coverage period shall begin entitled to or eligible for benefits under this SECTION 1. SHORT TITLE. on the first day of the month in which the title under section 226A, the provisions of This Act may be cited as the ‘‘Comprehen- individual first satisfies section 1836(b) or subparagraphs (A) and (B), and the time lim- sive Immunosuppressive Drug Coverage for the month following the month in which the itations under this subparagraph, respec- Kidney Transplant Patients Act of 2013’’. individual so enrolls, whichever is later. tively, shall apply.’’. SEC. 2. EXTENDED MONTHS OF COVERAGE OF IM- ‘‘(3) The provisions of subsections (b) and (8) ENSURING COVERAGE UNDER THE MEDI- MUNOSUPPRESSIVE DRUGS FOR (d) shall apply with respect to an individual CARE SAVINGS PROGRAM.—Section KIDNEY TRANSPLANT PATIENTS described in paragraph (1) or (2). 1905(p)(1)(A) of the Social Security Act (42 AND OTHER RENAL DIALYSIS PROVI- ‘‘(4) In addition to the reasons for termi- U.S.C. 1396d(p)(1)(A)) is amended by inserting SIONS. nation under subsection (b), the coverage pe- ‘‘or an individual who is enrolled under part (a) MEDICARE ENTITLEMENT TO IMMUNO- riod of an individual described in paragraph B for the purpose of coverage of immuno- SUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT (1) or (2) shall end when the individual be- suppressive drugs under section 1836(b)’’ RECIPIENTS.— comes entitled to benefits under this title after ‘‘section 1818’’. (1) KIDNEY TRANSPLANT RECIPIENTS.—Sec- under section 226(a), 226(b), or 226A.’’. (9) PART D.—Section 1860D–1(a)(3)(A) of the tion 226A(b)(2) of the Social Security Act (42 (B) CONFORMING AMENDMENTS.—Section Social Security Act (42 U.S.C. 1395w– U.S.C. 426–1(b)(2)) is amended by inserting 1838(b) of the Social Security Act (42 U.S.C. 101(a)(3)(A)) is amended by inserting ‘‘(but ‘‘(except for eligibility for enrollment under 1395q(b)) is amended, in the matter following not including an individual enrolled solely part B solely for purposes of coverage of im- paragraph (2), by adding ‘‘or section for coverage of immunosuppressive drugs munosuppressive drugs described in section 1837(m)(3)’’ after ‘‘section 1837(f)’’ each place under section 1836(b))’’ before the period at 1861(s)(2)(J))’’ before ‘‘, with the thirty-sixth it appears. the end. month’’. (5) PREMIUMS FOR INDIVIDUALS ONLY ELIGI- (2) INDIVIDUALS ELIGIBLE ONLY FOR COV- BLE FOR COVERAGE OF IMMUNOSUPPRESSIVE By Mr. CORNYN (for himself, Mr. ERAGE OF IMMUNOSUPPRESSIVE DRUGS.— DRUGS.—Section 1839 of the Social Security MCCONNELL, Mr. ROBERTS, Mr. (A) Section 1836 of the Social Security Act Act (42 U.S.C. 1395r) is amended— HATCH, Mr. COCHRAN, Mr. (42 U.S.C. 1395o) is amended— (A) in subsection (b), by adding at the end GRASSLEY, Mr. SHELBY, Mr. (i) by striking ‘‘Every’’ and inserting ‘‘(a) the following new sentence: ‘‘No increase in MCCAIN, Mr. INHOFE, Mr. SES- IN GENERAL.—Every’’; and the premium shall be effected for individuals (ii) by inserting at the end the following who are enrolled pursuant to section 1836(b) SIONS, Ms. COLLINS, Mr. ENZI, new subsection: for coverage only of immunosuppressive Mr. CRAPO, Ms. MURKOWSKI, Mr. ‘‘(b) INDIVIDUALS ELIGIBLE FOR IMMUNO- drugs.’’; and CHAMBLISS, Mr. GRAHAM, Mr. SUPPRESSIVE DRUG COVERAGE.—Beginning on (B) by adding at the end the following new ALEXANDER, Mr. BURR, Mr. January 1, 2014, every individual whose in- subsection: COBURN, Mr. THUNE, Mr. ISAK- surance benefits under part A have ended ‘‘(j) DETERMINATION OF PREMIUM FOR INDI- SON, Mr. VITTER, Mr. CORKER, (whether before, on, or after such date) by VIDUALS ONLY ELIGIBLE FOR COVERAGE OF IM- Mr. BARRASSO, Mr. WICKER, Mr. reason of section 226A(b)(2) is eligible for en- MUNOSUPPRESSIVE DRUGS.—The Secretary rollment in the insurance program estab- shall, during September of each year, deter- JOHANNS, Mr. RISCH, Mr. KIRK, lished by this part solely for purposes of cov- mine and promulgate a monthly premium Mr. COATS, Mr. BLUNT, Mr. erage of immunosuppressive drugs.’’. rate for the succeeding calendar year for in- MORAN, Mr. PORTMAN, Mr. (B) CONFORMING AMENDMENT.—Sections dividuals who enroll only for the purpose of BOOZMAN, Mr. TOOMEY, Mr. 1837, 1838, and 1839 of the Social Security Act coverage of immunosuppressive drugs under HOEVEN, Mr. RUBIO, Mr. JOHN- section 1836(b). Such premium shall be equal (42 U.S.C. 1395(p), 42 U.S.C. 1395(q), 42 U.S.C. SON of Wisconsin, Mr. PAUL, Mr. 1395(r)) are each amended by striking ‘‘1836’’ to 35 percent of the monthly actuarial rate LEE, Ms. AYOTTE, Mr. HELLER, and inserting ‘‘1836(a)’’ each place it appears. for enrollees age 65 and over, determined ac- Mr. SCOTT, Mr. FLAKE, Mr. (3) ENROLLMENT FOR INDIVIDUALS ONLY ELI- cording to paragraph (1), for that succeeding GIBLE FOR COVERAGE OF IMMUNOSUPPRESSIVE calendar year. The monthly premium of each CRUZ, and Mrs. FISCHER): DRUGS.—Section 1837 of the Social Security individual enrolled for coverage of immuno- S.J. Res. 7. A joint resolution pro- Act (42 U.S.C. 1395(p)) is amended by adding suppressive drugs under section 1836(b) for posing an amendment to the Constitu- at the end the following new subsection: each month shall be the amount promul- tion of the United States relative to ‘‘(m)(1) Any individual who is eligible gated in this subsection. Such amount shall balancing the budget; to the Com- under section 1836(b) to enroll in the medical be adjusted in accordance with subsections mittee on the Judiciary. insurance program established under this (c) and (f).’’. Mr. CORNYN. Mr. President, I ask part for purposes of coverage of immuno- (6) GOVERNMENT CONTRIBUTION.—Section 1844(a) of the Social Security Act (42 U.S.C. unanimous consent that the text of the suppressive drugs may enroll only in such joint resolution be printed in the manner and form as may be prescribed by 1395w(a)) is amended— RECORD. regulations, and only during an enrollment (A) in paragraph (3), by striking the period period described in this subsection. at the end and inserting ‘‘; plus’’; There being no objection, the text of ‘‘(2) An individual described in paragraph (B) by adding at the end the following new the joint resolution was ordered to be (1) may enroll beginning on the first day of paragraph: printed in the RECORD, as follows: the third month before the month in which ‘‘(4) a Government contribution equal to S.J. RES. 7 the individual first satisfies section 1836(b). the estimated aggregate reduction in pre- Resolved by the Senate and House of Rep- ‘‘(3) An individual described in paragraph miums payable under part B that results resentatives of the United States of America in (1) whose entitlement for hospital insurance from establishing the premium at 35 percent Congress assembled (two-thirds of each House benefits under part A ends by reason of sec- of the actuarial rate under section 1839(j) in- concurring therein), That the following article tion 226A(b)(2) on or after January 1, 2014, stead of 50 percent of the actuarial rate for is proposed as an amendment to the Con- shall be deemed to have enrolled in the med- individuals who enroll only for the purpose stitution of the United States, which shall be ical insurance program established by this of coverage of immunosuppressive drugs valid to all intents and purposes as part of part for purposes of coverage of immuno- under section 1836(b).’’; and the Constitution when ratified by the legis- suppressive drugs.’’. (C) by adding at the end the following flush latures of three-fourths of the several States: (4) COVERAGE PERIOD FOR INDIVIDUALS ONLY matter: ‘‘ARTICLE— ‘‘The Government contribution under para- ELIGIBLE FOR COVERAGE OF IMMUNO- ‘‘SECTION 1. Total outlays for any fiscal SUPPRESSIVE DRUGS.— graph (4) shall be treated as premiums pay- year shall not exceed total receipts for that (A) IN GENERAL.—Section 1838 of the Social able and deposited for purposes of subpara- fiscal year, unless two-thirds of the duly cho- Security Act (42 U.S.C. 1395q) is amended by graphs (A) and (B) of paragraph (1).’’. sen and sworn Members of each House of adding at the end the following new sub- (7) EXTENSION OF SECONDARY PAYER RE- Congress shall provide by law for a specific section: QUIREMENTS FOR ESRD BENEFICIARIES ELIGIBLE excess of outlays over receipts by a roll call ‘‘(g) In the case of an individual described FOR COVERAGE OF IMMUNOSUPPRESSIVE vote. in section 1836(b), the following rules shall DRUGS.—Section 1862(b)(1)(C) of the Social ‘‘SECTION 2. Total outlays for any fiscal apply: Security Act (42 U.S.C. 1395(y)(b)(1)) is year shall not exceed 18 percent of the gross ‘‘(1) In the case of such an individual who amended by adding at the end the following domestic product of the United States for is deemed to have enrolled in part B for cov- new sentence: ‘‘With regard to immuno- the calendar year ending before the begin- erage of immunosuppressive drugs under sec- suppressive drugs furnished to an individual ning of such fiscal year, unless two-thirds of tion 1837(m)(3), such individual’s coverage who enrolls for the purpose of coverage of the duly chosen and sworn Members of each period shall begin on the first day of the immunosuppressive drugs under section House of Congress shall provide by law for a month in which the individual first satisfies 1836(b) on or after January 1, 2014, this sub- specific amount in excess of such 18 percent section 1836(b). paragraph shall apply without regard to any by a roll call vote.

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.044 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S716 CONGRESSIONAL RECORD — SENATE February 13, 2013 ‘‘SECTION 3. Prior to each fiscal year, the Mr. REED of Rhode Island) submitted Whereas Hiram Rhodes Revels, Blanche President shall transmit to the Congress a the following resolution; which was Kelso Bruce, Edward William Brooke, Carol proposed budget for the United States Gov- considered and agreed to: Moseley Braun, Barack Obama, and Roland ernment for that fiscal year in which— Burris have all served as African-American S. RES. 31 ‘‘(1) total outlays do not exceed total re- firsts in the exclusive body known as the ceipts; and Whereas, in 1776, the United States of United States Senate; and ‘‘(2) total outlays do not exceed 18 percent America was imagined, as stated in the Dec- Whereas, on January 2, 2013, Tim Scott be- of the gross domestic product of the United laration of Independence, as a new nation came the first African American to serve as States for the calendar year ending before dedicated to the proposition that ‘‘all men Senator of South Carolina, and on February the beginning of such fiscal year. are created equal, that they are endowed by 7, 2013, William ‘‘Mo’’ Cowan became the ‘‘SECTION 4. Any bill that imposes a new their creator with certain unalienable rights, first African American to represent Massa- tax or increases the statutory rate of any tax that among these are life, liberty, and the chusetts in the Senate since 1978: Now, or the aggregate amount of revenue may pursuit of happiness’’; therefore, be it pass only by a two-thirds majority of the Whereas, on November 19, 1863, President Resolved, That the Senate— duly chosen and sworn Members of each Abraham Lincoln, in reference to the Dec- (1) acknowledges that all of the people of House of Congress by a roll call vote. For the laration of Independence, stated, ‘‘Four score the United States are the recipients of the purpose of determining any increase in rev- and seven years ago our fathers brought wealth of history given to us by black cul- enue under this section, there shall be ex- forth, upon this continent, a new nation, ture; cluded any increase resulting from the low- conceived in liberty, and dedicated to the (2) recognizes the importance of Black His- proposition that all men are created equal.’’; ering of the statutory rate of any tax. tory Month as an opportunity to reflect on Whereas the history of the United States ‘‘SECTION 5. The limit on the debt of the the complex history of the United States, includes injustices and the denial of basic, United States shall not be increased, unless while remaining hopeful and confident about fundamental rights at odds with the words of three-fifths of the duly chosen and sworn the path that lies ahead; the founders of the United States and the Members of each House of Congress shall (3) acknowledges the significance of Black sacrifices commemorated at Gettysburg, provide for such an increase by a roll call History Month as an important opportunity Pennsylvania; vote. to recognize the tremendous contributions of Whereas the injustices committed in the African Americans to the history of the ‘‘SECTION 6. The Congress may waive the United States include approximately 250 provisions of sections 1, 2, 3, and 5 of this ar- United States; years of slavery, 100 years of lynchings, de- ticle for any fiscal year in which a declara- (4) encourages the celebration of Black nial of both fundamental human and civil tion of war against a nation-state is in effect History Month to provide a continuing op- rights, and withholding of the basic rights of portunity for all people in the United States and in which a majority of the duly chosen citizenship; and sworn Members of each House of Con- to learn from the past and to understand the Whereas inequalities and injustices in our experiences that have shaped the United gress shall provide for a specific excess by a society still exist today; States; roll call vote. Whereas Sojourner Truth, Frederick Doug- (5) remembers the injustices that African ‘‘SECTION 7. The Congress may waive the lass, Harriet Tubman, W.E.B. Dubois, Booker Americans have endured and commends the provisions of sections 1, 2, 3, and 5 of this ar- T. Washington, Charles Hamilton Houston, African-American community for over- ticle in any fiscal year in which the United the Tuskegee Airmen, Lena Horne, Ralph coming those injustices and changing the States is engaged in a military conflict that Bunche, Jackie Robinson, Constance Baker course and nature of history by forging the causes an imminent and serious military Motley, James Baldwin, Dorothy Height, fight for equality; and threat to national security and is so declared Thurgood Marshall, and Shirley Chisholm (6) agrees that while the United States by three-fifths of the duly chosen and sworn each lived a life of incandescent greatness began in division, the United States must Members of each House of Congress by a roll while many African Americans lived, toiled, now move forward with purpose, united tire- call vote. Such suspension must identify and and died in obscurity, never achieving the lessly as one Nation, indivisible, with liberty be limited to the specific excess of outlays recognition they deserved, but paved the way and justice for all, and honor the contribu- for that fiscal year made necessary by the for future generations to succeed; tion of all pioneers who help ensure the leg- identified military conflict. Whereas many African-American men and acy of these great United States. ‘‘SECTION 8. No court of the United States women worked against racism to achieve f or of any State shall order any increase in success, such as James Beckwourth, Bill revenue to enforce this article. Pickett, Colonel Allen Allensworth, Clara SENATE RESOLUTION 32—CON- ‘‘SECTION 9. Total receipts shall include all Brown, and many others who were pivotal in GRATULATING THE NORTH DA- receipts of the United States Government ex- the exploration and westward expansion of KOTA STATE UNIVERSITY FOOT- cept those derived from borrowing. Total the United States; outlays shall include all outlays of the BALL TEAM FOR WINNING THE Whereas pioneers such as David Dinkins, 2012 NATIONAL COLLEGIATE ATH- United States Government except those for Mae Jemison, Arthur Ashe, Oprah Winfrey, repayment of debt principal. James Earl Jones, Clarence Thomas, Ursula LETIC ASSOCIATION DIVISION I ‘‘SECTION 10. The Congress shall have Burns, Alice Walker, Ronald Brown, Alexis FOOTBALL CHAMPIONSHIP SUB- power to enforce and implement this article Herman, Kenneth Chenault, and Magic John- DIVISION TITLE by appropriate legislation, which may rely son have all served as positive beneficiaries Mr. HOEVEN (for himself and Ms. on estimates of outlays, receipts, and gross of our forefathers and as great role models domestic product. HEITKAMP) submitted the following res- and leaders for future generations; olution; which was considered and ‘‘SECTION 11. This article shall take effect Whereas, on November 4, 2008, and again on beginning with the fifth fiscal year begin- November 6, 2012, the people of the United agreed to: ning after its ratification.’’. States elected an African-American man, S. RES. 32 f Barack Obama, as President of the United Whereas the North Dakota State Univer- SUBMITTED RESOLUTIONS States, and African Americans continue to sity (referred to in this preamble as serve the United States at the highest levels ‘‘NDSU’’) Bison won the 2012 National Colle- of the government and Armed Forces; giate Athletic Association (referred to in Whereas Carter G. Woodson, the ‘‘Father of this preamble as the ‘‘NCAA’’) Division I SENATE RESOLUTION 31—CELE- Black History’’, stated, ‘‘We have a wonder- Football Championship Subdivision title BRATING BLACK HISTORY ful history behind us.... If you are unable to game in Frisco, Texas, on January 5, 2013, in MONTH demonstrate to the world that you have this a hard fought victory over the Sam Houston Mrs. GILLIBRAND (for herself, Ms. record, the world will say to you, ‘You are State University Bearkats by a score of 39 to not worthy to enjoy the blessings of democ- 13; MIKULSKI, Mr. FRANKEN, Ms. LANDRIEU, racy or anything else.’ ’’; Whereas the NDSU Bison and coach Craig Mrs. BOXER, Mr. CARDIN, Mr. WHITE- Whereas Black History Month, celebrated Bohl had an incredible 2012 season with 14 HOUSE, Mr. COCHRAN, Mr. LEVIN, Mr. during the month of February, dates back to wins and 1 defeat; MENENDEZ, Mr. LAUTENBERG, Mr. 1926 when Carter G. Woodson set aside a spe- Whereas NDSU has won 10 NCAA Football COONS, Mr. SCHATZ, Mr. BEGICH, Mr. cial period of time in February to recognize Championships; MANCHIN, Mrs. HAGAN, Mrs. SHAHEEN, the heritage and achievement of black Amer- Whereas, during the championship game, Mr. CASEY, Mr. BROWN, Mr. WICKER, icans; the NDSU Bison offense scored 39 points Mr. UDALL of Colorado, Mr. NELSON, Whereas, on February 22, 2012, President against the Sam Houston State Bearkats; Barack Obama and First Lady Michelle Whereas Coach Bohl and his staff have in- Mr. SCHUMER, Mr. PRYOR, Ms. CANT- Obama, along with former First Lady Laura stilled character and confidence in the NDSU WELL, Mr. PORTMAN, Mr. ISAKSON, Mr. Bush, celebrated the groundbreaking of the players and have done an outstanding job WYDEN, Mr. WARNER, Mr. MERKLEY, Mr. National Museum of African American His- with the Bison football program; DURBIN, Mrs. MCCASKILL, Ms. STABE- tory and Culture on the National Mall in Whereas the leadership of President Dean NOW, Mrs. FEINSTEIN, Mr. COWAN, and Washington, D.C.; Bresciani and Athletic Director Gene Taylor

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.046 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S717 has helped bring both academic and athletic Whereas on February 3, 1863, Kansas be- the session of the Senate on February excellence to NDSU; and came one of the first States to accept the 13, 2013, at 10 a.m. to conduct a hearing Whereas the 2012 NCAA Division I Football terms and conditions of the Act of July 2, entitled ‘‘Solutions to the Crisis Fac- Championship Subdivision title was a vic- 1862 (commonly known as the ‘‘First Morrill ing the U.S. Postal Service.’’ tory not only for the NDSU football team, Act’’) (7 U.S.C. 301 et seq.), which created the The PRESIDING OFFICER. Without but also for the entire State of North Da- land-grant system of colleges and univer- kota: Now, therefore, be it sities; objection, it is so ordered. Resolved, That the Senate— Whereas Kansas State Agricultural Col- COMMITTEE ON THE JUDICIARY (1) congratulates the North Dakota State lege, which is known today as Kansas State Mr. REID. Mr. President, I ask unan- University football team, the 2012 National University, received a land-grant charter on imous consent that the Committee on Collegiate Athletic Association Division I February 16, 1863, making it the first oper- the Judiciary be authorized to meet Football Championship Subdivision cham- ational land-grant institution in the United during the session of the Senate, on pions; States; February 13, 2013, at 9:30 a.m., in room (2) commends the North Dakota State Uni- Whereas since the inception of Kansas SH–216 of the Hart Senate Office Build- versity players, coaches, and staff for their State University, the university has ex- hard work and dedication; and panded the main campus in Manhattan to in- ing, to conduct a hearing entitled (3) recognizes the students, alumni, and clude campuses in Olathe and Salina; ‘‘Comprehensive Immigration Re- loyal fans for supporting the Bison on their Whereas students attending Kansas State form.’’ successful quest to capture another Division University hale from all 50 States and 90 The PRESIDING OFFICER. Without I trophy for North Dakota State University. countries; objection, it is so ordered. f Whereas more than 200,000 alumni are COMMITTEE ON THE JUDICIARY proud to call Kansas State University their Mr. REID. Mr. President, I ask unan- SENATE RESOLUTION 33—COM- alma mater; imous consent that the Committee on MEMORATING THE 150TH ANNI- Whereas the commitment of Kansas State the Judiciary be authorized to meet University to education is unparalleled; and VERSARY OF EMPORIA STATE during the session of the Senate, on UNIVERSITY Whereas the history and stature of Kansas State University are secured by the excep- February 13, 2013, at 3:15 p.m., in room Mr. MORAN (for himself and Mr. tional caliber of the educational profes- SD–226 of the Dirksen Senate Office ROBERTS) submitted the following reso- sionals and students: Now, therefore, be it Building, to conduct a hearing entitled lution; which was considered and Resolved, That the Senate recognizes and ‘‘Judicial Nominations.’’ agreed to: congratulates Kansas State University for The PRESIDING OFFICER. Without 150 years of fulfilling the mission of a land- S. RES. 33 objection, it is so ordered. grant university. Whereas, in 1863, the State of Kansas COMMITTEE ON RULES AND ADMINISTRATION founded the Kansas State Normal School to f Mr. REID. Mr. President, I ask unan- provide opportunities for higher education in AUTHORITY FOR COMMITTEES TO imous consent that the Committee on the fields of teaching, mechanic arts, agri- MEET Rules and Administration be author- culture, and various other arts and sciences; ized to meet during the session of the Whereas the Kansas State Normal School COMMITTEE ON COMMERCE, SCIENCE, AND Senate on February 13, 2013, at 10 a.m. became the Kansas State Teachers College in TRANSPORTATION The PRESIDING OFFICER. Without 1923, Emporia Kansas State College in 1974, Mr. REID. Mr. President, I ask unan- objection, it is so ordered. and Emporia State University in 1977; imous consent that the Committee on COMMITTEE ON SMALL BUSINESS AND Whereas Emporia State University has pre- Commerce, Science, and Transpor- pared thousands of teachers in the United ENTREPRENEURSHIP tation be authorized to meet during Mr. REID. Mr. President, I ask unan- States through its nationally acclaimed the session of the Senate on February teacher education programs; imous consent that the Committee on Whereas Emporia State University is the 13, 2013, at 2:30 p.m. in room 253 of the Small Business and Entrepreneurship host of the National Teachers Hall of Fame, Russell Senate Office Building. be authorized to meet during the ses- which recognizes and honors exceptional ca- The PRESIDING OFFICER. Without sion of the Senate on February 13, 2013, reer educators from throughout the United objection, it is so ordered. at 4 p.m. in room 432 of the Russell States; COMMITTEE ON FINANCE Senate Office building. Whereas Emporia State University offers Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without outstanding and highly accredited programs, including programs in education, business, imous consent that the Committee on objection, it is so ordered. and library and information management; Finance be authorized to meet during f the session of the Senate on February Whereas Emporia State University is the PRIVILEGES OF THE FLOOR alma mater of more than 75,000 proud alum- 13, 2013, at 10 a.m., in room 215 of the ni; and Dirksen Senate Office Building. Mr. REED. Mr. President, I ask unan- Whereas the quality of Emporia State Uni- The PRESIDING OFFICER. Without imous consent that Brian Huysman versity as an institution of higher learning is objection, it is so ordered. and Mellissa Duru, fellows in my office, a reflection of the extraordinary caliber of COMMITTEE ON FOREIGN RELATIONS be granted the privilege of the floor for its educational professionals and students: Mr. REID. Mr. President, I ask unan- this session of the 113th Congress. Now, therefore, be it The PRESIDING OFFICER. Without imous consent that the Committee on Resolved, That the Senate recognizes and objection, it is so ordered. extends its congratulations to the edu- Foreign Relations be authorized to cational professionals, students, and alumni meet during the session of the Senate f of Emporia State University for 150 years of on February 13, 2013, at 3 p.m. RESOLUTIONS SUBMITTED TODAY excellence in higher education. The PRESIDING OFFICER. Without Mr. BLUMENTHAL. Mr. President, I f objection, it is so ordered. ask unanimous consent that the Sen- SENATE RESOLUTION 34—COM- COMMITTEE ON HEALTH, EDUCATION, LABOR, ate proceed to the immediate consider- MEMORATING THE 150TH ANNI- AND PENSIONS ation en bloc of the following resolu- VERSARY OF KANSAS STATE Mr. REID. Mr. President, I ask unan- tions which were submitted earlier UNIVERSITY imous consent that the Committee on today: S. Res. 31, S. Res. 32, S. Res. 33, Health, Education, Labor, and Pen- Mr. ROBERTS (for himself and Mr. and S. Res. 34. sions be authorized to meet during the MORAN) submitted the following reso- There being no objection, the Senate session of the Senate on February 13, lution; which was considered and proceeded to consider the resolutions 2013, at 10 a.m. in SD–430. agreed to: en bloc. The PRESIDING OFFICER. Without Mr. BLUMENTHAL. I ask unanimous S. RES. 34 objection, it is so ordered. consent the resolutions by agreed to, Whereas Kansas State University was es- COMMITTEE ON HOMELAND SECURITY AND the preambles be agreed to, the mo- tablished by the Territory of Kansas on Feb- GOVERNMENTAL AFFAIRS tions to reconsider be laid upon the ruary 9, 1858, as the Bluemont Central Col- lege Association, in response to the desire to Mr. REID. Mr. President, I ask unan- table en bloc, with no intervening ac- provide higher education opportunities to imous consent that the Committee on tion or debate, and any statements re- farm families and working class individuals Homeland Security and Governmental lating to the resolutions be printed in in Kansas; Affairs be authorized to meet during the RECORD.

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.043 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S718 CONGRESSIONAL RECORD — SENATE February 13, 2013 To be rear admiral (lower half) AIR FORCE NOMINATIONS BEGINNING WITH MICHAEL A. The PRESIDING OFFICER. Without COOPER AND ENDING WITH SUSAN MICHELLE MILLER, objection, it is so ordered. CAPT. VICTOR W. HALL WHICH NOMINATIONS WERE RECEIVED BY THE SENATE The resolutions were agreed to. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AND APPEARED IN THE CONGRESSIONAL RECORD ON IN THE UNITED STATES NAVY RESERVE TO THE GRADE JANUARY 23, 2013. The preambles were agreed to. INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: AIR FORCE NOMINATIONS BEGINNING WITH VICTOR DOUGLAS BROWN AND ENDING WITH RODNEY M. WAITE, The resolutions, with their pre- To be rear admiral (lower half) WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ambles, are printed in today’s RECORD AND APPEARED IN THE CONGRESSIONAL RECORD ON CAPT. PRISCILLA B. COE JANUARY 23, 2013. under ‘‘Resolutions Submitted.’’ THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING WITH WALTER S. f IN THE UNITED STATES NAVY RESERVE TO THE GRADE ADAMS AND ENDING WITH CARL E. SUPPLEE, WHICH INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON JANUARY ORDERS FOR THURSDAY, To be rear admiral (lower half) 23, 2013. AIR FORCE NOMINATIONS BEGINNING WITH JOHN J. FEBRUARY 14, 2013 CAPT. CHRISTINA M. ALVARADO BARTRUM AND ENDING WITH GEORGE L. VALENTINE, Mr. BLUMENTHAL. Mr. President, I THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHICH NOMINATIONS WERE RECEIVED BY THE SENATE IN THE UNITED STATES NAVY RESERVE TO THE GRADE AND APPEARED IN THE CONGRESSIONAL RECORD ON ask unanimous consent that when the INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: JANUARY 23, 2013. Senate completes its business today, it To be rear admiral (lower half) AIR FORCE NOMINATIONS BEGINNING WITH KIMBERLY adjourn until 10 a.m. on Thursday, Feb- L. BARBER AND ENDING WITH JANET L. SETNOR, WHICH CAPT. JAMES R. MCNEAL NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ruary 14, 2013; that following the prayer PEARED IN THE CONGRESSIONAL RECORD ON JANUARY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 23, 2013. and pledge, the morning hour be IN THE UNITED STATES NAVY RESERVE TO THE GRADE AIR FORCE NOMINATIONS BEGINNING WITH DINA L. deemed expired, the Journal of pro- INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: BERNSTEIN AND ENDING WITH WILLIAM R. YOUNG- To be rear admiral (lower half) BLOOD, WHICH NOMINATIONS WERE RECEIVED BY THE ceedings be approved to date, and the SENATE AND APPEARED IN THE CONGRESSIONAL time for the two leaders be reserved for CAPT. DANIEL L. GARD RECORD ON JANUARY 23, 2013. AIR FORCE NOMINATIONS BEGINNING WITH TIMOTHY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT their use later in the day; and that fol- LEE BRININGER AND ENDING WITH CHRISTOPHER J. IN THE UNITED STATES NAVY RESERVE TO THE GRADE RYAN, WHICH NOMINATIONS WERE RECEIVED BY THE lowing any leader remarks, the Senate INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: SENATE AND APPEARED IN THE CONGRESSIONAL resume executive session and consider- To be rear admiral (lower half) RECORD ON JANUARY 23, 2013. ation of the nomination of Senator AIR FORCE NOMINATIONS BEGINNING WITH FRANCIS CAPT. MARK J. FUNG XAVIER ALTIERI AND ENDING WITH KEVIN M. ZELLER, Hagel to be Secretary of Defense. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHICH NOMINATIONS WERE RECEIVED BY THE SENATE IN THE UNITED STATES NAVY RESERVE TO THE GRADE AND APPEARED IN THE CONGRESSIONAL RECORD ON The PRESIDING OFFICER. Without JANUARY 23, 2013. objection, it is so ordered. INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: To be rear admiral (lower half) IN THE ARMY f CAPT. ALMA M.O.L. GROCKI ARMY NOMINATION OF JONATHAN A. FOSKEY, TO BE LIEUTENANT COLONEL. PROGRAM THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATION OF MARION J. PARKS, TO BE COLO- IN THE UNITED STATES NAVY RESERVE TO THE GRADE NEL. Mr. BLUMENTHAL. Mr. President, INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: ARMY NOMINATION OF KAREN A. PIKE, TO BE COLO- earlier today cloture was filed on the To be rear admiral (lower half) NEL. ARMY NOMINATIONS BEGINNING WITH DEREK S. REY- Hagel nomination. That cloture vote is CAPT. WILLIAM K. DAVIS NOLDS AND ENDING WITH BRIAN D. VOGT, WHICH NOMI- NATIONS WERE RECEIVED BY THE SENATE AND AP- expected on Friday. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON JANUARY IN THE UNITED STATES NAVY RESERVE TO THE GRADE 23, 2013. f INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: ARMY NOMINATIONS BEGINNING WITH EDWARD A. ADJOURNMENT UNTIL 10 A.M. To be rear admiral (lower half) FIGUEROA AND ENDING WITH MICHAEL C. VANHOVEN, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TOMORROW CAPT. DANIEL J. MACDONNELL AND APPEARED IN THE CONGRESSIONAL RECORD ON JANUARY 23, 2013. Mr. BLUMENTHAL. Mr. President, if f ARMY NOMINATIONS BEGINNING WITH JACK C. MASON there is no further business to come be- AND ENDING WITH TODD B. WAYTASHEK, WHICH NOMINA- CONFIRMATIONS TIONS WERE RECEIVED BY THE SENATE AND APPEARED fore the Senate, I ask that it adjourn IN THE CONGRESSIONAL RECORD ON JANUARY 23, 2013. Executive nominations confirmed by under the previous order. ARMY NOMINATIONS BEGINNING WITH RUTH E. the Senate February 13, 2013: APONTE AND ENDING WITH MICHAEL J. ZINNO, WHICH There being no objection, the Senate, NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE AIR FORCE PEARED IN THE CONGRESSIONAL RECORD ON JANUARY at 6:46 p.m., adjourned until Thursday, 23, 2013. February 14, 2013, at 10 a.m. THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE ARMY NOMINATIONS BEGINNING WITH LESLIE E. AKINS UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- AND ENDING WITH MARC W. ZELNICK, WHICH NOMINA- f SERVE OF THE AIR FORCE TO THE GRADE INDICATED TIONS WERE RECEIVED BY THE SENATE AND APPEARED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE CONGRESSIONAL RECORD ON JANUARY 23, 2013. NOMINATIONS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ARMY NOMINATIONS BEGINNING WITH TIMOTHY G. To be lieutenant general ABRELL AND ENDING WITH JOHN A. ZULFER, WHICH Executive nominations received by NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MAJ. GEN. WILLIAM H. ETTER PEARED IN THE CONGRESSIONAL RECORD ON JANUARY the Senate: 23, 2013. IN THE ARMY BUREAU OF CONSUMER FINANCIAL PROTECTION ARMY NOMINATIONS BEGINNING WITH RAFAEL E. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ABREU AND ENDING WITH R010075, WHICH NOMINATIONS RICHARD CORDRAY, OF OHIO, TO BE DIRECTOR, BU- IN THE UNITED STATES ARMY TO THE GRADE INDICATED WERE RECEIVED BY THE SENATE AND APPEARED IN THE REAU OF CONSUMER FINANCIAL PROTECTION FOR A WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CONGRESSIONAL RECORD ON JANUARY 23, 2013. TERM OF FIVE YEARS. (NEW POSITION) RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE MARINE CORPS NATIONAL LABOR RELATIONS BOARD To be lieutenant general MARINE CORPS NOMINATION OF JACKIE W. MORGAN, JR., TO BE MAJOR. RICHARD F. GRIFFIN, JR., OF THE DISTRICT OF COLUM- MAJ. GEN. KENNETH E. TOVO BIA, TO BE A MEMBER OF THE NATIONAL LABOR RELA- MARINE CORPS NOMINATION OF DANA R. FIKE, TO BE TIONS BOARD FOR THE TERM OF FIVE YEARS EXPIRING THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LIEUTENANT COLONEL. AUGUST 27, 2016, VICE WILMA B. LIEBMAN, TERM EX- IN THE UNITED STATES ARMY NURSE CORPS TO THE MARINE CORPS NOMINATION OF SAMUEL W. SPENCER PIRED. GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 624 III, TO BE LIEUTENANT COLONEL. SHARON BLOCK, OF THE DISTRICT OF COLUMBIA, TO BE AND 3064: MARINE CORPS NOMINATION OF LARRY MIYAMOTO, TO A MEMBER OF THE NATIONAL LABOR RELATIONS BOARD To be brigadier general BE LIEUTENANT COLONEL. FOR THE TERM OF FIVE YEARS EXPIRING DECEMBER 16, MARINE CORPS NOMINATIONS BEGINNING WITH 2014, VICE CRAIG BECKER. COL. BARBARA R. HOLCOMB GEORGE L. ROBERTS AND ENDING WITH PAUL A. SHIR- LEY, WHICH NOMINATIONS WERE RECEIVED BY THE SEN- DEPARTMENT OF JUSTICE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY MEDICAL SERVICE CORPS ATE AND APPEARED IN THE CONGRESSIONAL RECORD KAROL VIRGINIA MASON, OF GEORGIA, TO BE AN AS- TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SEC- ON JANUARY 23, 2013. SISTANT ATTORNEY GENERAL, VICE LAURIE O. ROBIN- TIONS 624 AND 3064: MARINE CORPS NOMINATIONS BEGINNING WITH RICH- SON, RESIGNED. ARD D. KOHLER AND ENDING WITH GARY J. SPINELLI, To be brigadier general WHICH NOMINATIONS WERE RECEIVED BY THE SENATE IN THE NAVY AND APPEARED IN THE CONGRESSIONAL RECORD ON COL. PATRICK D. SARGENT JANUARY 23, 2013. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARINE CORPS NOMINATIONS BEGINNING WITH ERIC T. IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES ARMY MEDICAL CORPS TO THE CLINE AND ENDING WITH ROBERT S. SCHMIDT, JR., WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 624 WHICH NOMINATIONS WERE RECEIVED BY THE SENATE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AND 3064: AND APPEARED IN THE CONGRESSIONAL RECORD ON To be vice admiral JANUARY 23, 2013. To be major general MARINE CORPS NOMINATIONS BEGINNING WITH JOSE REAR ADM. JOSEPH P. AUCOIN BRIG. GEN. BRIAN C. LEIN L. SADA AND ENDING WITH BRIAN J. SPOONER, WHICH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIG. GEN. NADJA Y. WEST NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE UNITED STATES NAVY RESERVE TO THE GRADE PEARED IN THE CONGRESSIONAL RECORD ON JANUARY INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: THE JUDICIARY 23, 2013. MARINE CORPS NOMINATIONS BEGINNING WITH FRED- To be rear admiral (lower half) WILLIAM J. KAYATTA, JR., OF MAINE, TO BE UNITED ERICK L. HUNT AND ENDING WITH CHAD E. TIDWELL, STATES CIRCUIT JUDGE FOR THE FIRST CIRCUIT. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE CAPT. BRIAN S. PECHA IN THE AIR FORCE AND APPEARED IN THE CONGRESSIONAL RECORD ON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JANUARY 23, 2013. IN THE UNITED STATES NAVY RESERVE TO THE GRADE AIR FORCE NOMINATION OF KORY D. BINGHAM, TO BE MARINE CORPS NOMINATIONS BEGINNING WITH TODD INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: MAJOR. E. LOTSPEICH AND ENDING WITH DONALD E. WILLIAMS,

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WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MARINE CORPS NOMINATIONS BEGINNING WITH DAVID AND APPEARED IN THE CONGRESSIONAL RECORD ON AND APPEARED IN THE CONGRESSIONAL RECORD ON B. BLANN AND ENDING WITH ALLEN L. LEWIS, WHICH JANUARY 23, 2013. JANUARY 23, 2013. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MARINE CORPS NOMINATIONS BEGINNING WITH JASON PEARED IN THE CONGRESSIONAL RECORD ON JANUARY IN THE NAVY B. DAVIS AND ENDING WITH JOHN F. REYNOLDS, JR., 23, 2013. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MARINE CORPS NOMINATIONS BEGINNING WITH MI- NAVY NOMINATION OF HARRY E. HAYES, TO BE COM- AND APPEARED IN THE CONGRESSIONAL RECORD ON CHAEL GASPERINI AND ENDING WITH TIMOTHY W. WIL- MANDER. JANUARY 23, 2013. LIAMS, WHICH NOMINATIONS WERE RECEIVED BY THE NAVY NOMINATION OF SHEMEYA L. GRANT, TO BE MARINE CORPS NOMINATIONS BEGINNING WITH TRAV- SENATE AND APPEARED IN THE CONGRESSIONAL LIEUTENANT COMMANDER. IS M. FULTON AND ENDING WITH GARY S. LIDDELL, RECORD ON JANUARY 23, 2013. NAVY NOMINATIONS BEGINNING WITH CHRISTOPHER J. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MARINE CORPS NOMINATIONS BEGINNING WITH STE- KANE AND ENDING WITH LUKE C. SUBER, WHICH NOMINA- AND APPEARED IN THE CONGRESSIONAL RECORD ON PHEN R. BYRNES AND ENDING WITH JAMES N. TIMMER, TIONS WERE RECEIVED BY THE SENATE AND APPEARED JANUARY 23, 2013. JR., WHICH NOMINATIONS WERE RECEIVED BY THE SEN- IN THE CONGRESSIONAL RECORD ON JANUARY 23, 2013. MARINE CORPS NOMINATIONS BEGINNING WITH BRYAN ATE AND APPEARED IN THE CONGRESSIONAL RECORD NAVY NOMINATIONS BEGINNING WITH JEANINE F. BEN- DELGADO AND ENDING WITH RODOLFO D. QUISPE, WHICH ON JANUARY 23, 2013. JAMIN AND ENDING WITH BENJAMIN F. VISGER, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MARINE CORPS NOMINATIONS BEGINNING WITH PETER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON JANUARY K. BASABE, JR. AND ENDING WITH MICHAEL A. YOUNG, PEARED IN THE CONGRESSIONAL RECORD ON JANUARY 23, 2013. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 23, 2013.

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HONORING THE LIFE AND SERVICE out the Pacific are mourning the loss of this In June of 2011, Bedell won the college/ OF ANTONIO MANIBUSAN PALOMO statesman, diplomat, and friend. My thoughts postsecondary gold medal in CNC Milling at and prayers are with his wife Margarita the SkillsUSA Championships. HON. MADELEINE Z. BORDALLO Balajadia Palomo, their ten children, Antonio The program, SkillsUSA, strives to impose OF GUAM Rafael, Viviana Margarita (deceased), Victoria and teach leadership, citizenship and char- IN THE HOUSE OF REPRESENTATIVES Maria, Roman Vicente, Juan Pedro, Simeon acter development during technical training. Francisco, Jose Geraldo, Verona Dolores, The organization highlights their respect for Wednesday, February 13, 2013 Eloy Benigno, and Nicholas Sylvestre; 16 work, ethics, workmanship, scholarship, and Ms. BORDALLO. Mr. Speaker, I rise today grandchildren; one great grandchild; and one safety. to recognize and memorialize the life and great grandchild on the way, family, and To compete at the international CNC Milling achievements of Antonio Manibusan Palomo, friends. Tony will be missed by all who knew competition, every candidate must complete a who passed away on February 3, 2013. Anto- him and his legacy will live on through his project that contains a minimum of three mod- nio, best known as Tony, was an accom- family, his work, and his cultural contributions ules. Each module requires the competitor to plished journalist and author, as well as a fer- to our community. develop a CNC program from a complex vent public servant, and a dedicated commu- drawing using MasterCam, to set up a ma- CONGRATULATING AZERBAIJAN nity leader. chining center that will assemble the final part. ON SUCCESSFUL SATELLITE Tony was born on June 13, 1931 to Vicente During the WorldSkills CNC Milling contest, LAUNCH Gogo Palomo and Delores Mendiola Bedell, along with other competitors, must cre- Manibusan. As a boy, Tony attended the ate the CNC program based on drawings Padre Palomo and Agana Elementary HON. RODNEY ALEXANDER while utilizing a CAM system. Competitors, Schools. At the young age of 10, Tony’s edu- OF LOUISIANA themselves, must select and mount tools for cation was interrupted by the outbreak of IN THE HOUSE OF REPRESENTATIVES competition. World War II. Surviving the invasion and occu- Wednesday, February 13, 2013 Every two years, hundreds of young people pation of Guam by the Japanese Imperial from 53 member countries, or regions, com- Army, Tony continued his schooling at George Mr. ALEXANDER. Mr. Speaker, as a mem- pete in the prestigious WorldSkills Competi- Washington High School, Belmont Abbey Pre- ber of the House Azerbaijan Caucus, I rise tion. The contestants are then judged in front paratory School in Belmont, North Carolina, today to congratulate our close friend and ally, of the public in contests that are run and and Marquette University, Milwaukee Wis- Azerbaijan, on the occasion of the successful judged by industries that use international consin, where he studied Journalism. While launch of their first satellite (Azerspace–1). standards. Competing in the event truly sym- continuing his education at Marquette, Tony Built in the United States, by Orbital Sciences bolizes excellence in the craft. worked as an editorial aide for the Milwaukee Corporation, this historic event is yet another The WorldSkills International has come to Sentinel, sharpening his journalistic skills. testament to the expanding relationship be- symbolize pure expertise in vocational training. Tony graduated from Marquette University in tween our two countries and will provide im- Joshua Bedell is one of only 20 members of 1954. portant communications services to Azer- the World team, all who must be under the After graduation, Tony returned to Guam to baijan, Central Asia, the Middle East, Europe age of 23, who will represent the United work for the Guam Daily News, then as pub- and Africa. The launch of Azerspace–1 is the States of America at the World Skills competi- lisher/editor of the Pacific Profile, as editor of culmination of hard work and cooperation be- tion. the Pacific Journal, and as editor/publisher of tween the Government of Azerbaijan and the As Bedell prepares to compete at the CNC the The Pacifican. During this time, Tony gath- US private sector. Along with recent pur- Milling competition, I offer him my best wishes ered as much information as he could inter- chases of aircraft from Boeing, Azerbaijan has as he represents our proud nation and proves viewing and speaking to survivors of the Sec- placed their confidence in the United States the dedication to his craft in Leipzig, Germany ond World War. In 1984, Tony’s book, An Is- aeronautics and aerospace sectors to help at the biennial WorldSkills Competition. land in Agony, was published. Tony never foster greater economic development. I urge f hesitated to share his vast knowledge and my fellow colleagues to join me in congratu- love of Guam history with many people, lating Azerbaijan on this historic event. ROTA CULTURAL AND NATURAL RESOURCES STUDY ACT speaking on many occasions at different f venues, and teaching at the University of Guam. JOSHUA BEDELL TO COMPETE IN HON. GREGORIO KILILI CAMACHO Tony’s ever–expanding knowledge of Guam THE INTERNATIONAL SABLAN and its government and his public speaking WORLDSKILLS COMPETITION IN CNC MILLING OF THE COMMONWEALTH OF THE NORTHERN skills led him into public service in the political MARIANA ISLANDS arena. Recruited by the Republican Party of IN THE HOUSE OF REPRESENTATIVES Guam, Tony was elected into the 12th, 14th, HON. C.W. BILL YOUNG Wednesday, February 13, 2013 and 15th Guam Legislatures where he chaired OF FLORIDA the Committee on Rules. He chaired the 15th IN THE HOUSE OF REPRESENTATIVES Mr. SABLAN. Mr. Speaker, today I am re-in- Guam Legislature’s Committee on Federal– troducing the Rota Cultural and Natural Re- Territorial Relations and was also a member Wednesday, February 13, 2013 sources Study Act, which authorizes the Sec- of the Commission on Self–Determination. Al- Mr. YOUNG of Florida. Mr. Speaker, I rise retary of the Interior to report to Congress on ways interested in federal–territorial relations, today to recognize the outstanding achieve- the feasibility and suitability of designating cer- Tony was elected as president of Guam’s First ment of Mr. Joshua Bedell. Through persever- tain areas on the island of Rota as a unit of Constitutional Convention, tasked with the de- ance and commitment to his skill, Bedell will our magnificent national parks system. This velopment of a constitution for Guam, which represent the United States at the Inter- same measure passed the House in both the would also strengthen the island’s relations national WorldSkills Competition in CNC Mill- 111th and the 112th Congresses. I hope that with the Federal government. With all of this ing in Leipzig, Germany. we can quickly bring the bill to the floor in the experience, Tony was well qualified to serve Bedell was recently awarded the silver 113th Congress for passage again and send as the U.S. Department of the Interior’s Guam medal in CNC Milling in November at the the measure back to the other body for its Field Representative until his retirement in WorldSkills America’s competition in Brazil. At agreement. 1994. this event, The United States competed The cultural and natural resources of Rota I am deeply saddened by Tony’s death and against 23 other countries in preparation for merit our persistence. In 2005 a National Park know that many people on Guam and through- the WorldSkills Competition. Service reconnaissance survey determined

∑ 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 03:10 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\RECORD13\RECFILES\FEB2013\E13FE3.REC E13FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE E134 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2013 that these resources meet the standards of Art on the Brix combines low stress art of you this morning, but I am joining you in national significance and are not adequately classes in a playful setting. With the attitude of celebration today from Washington, DC. Me- represented anywhere else in our national ‘‘go outside the lines″, Art on the Brix inspires morial Park is my favorite place to run. The parks. The next step in the very thorough and all types of people to relax and get creative. three-mile, crushed granite trail was once methodical process of choosing which areas Alyssa Graves had a dream to bring an artistic shaded and surrounded by the most beautiful of our Nation should become part of the sys- experience to Golden and she has achieved trees. As you all know, the 2011 Texas tem is the determination of feasibility and suit- just that. drought took its toll and because of it, there’s ability, which my bill authorizes. I extend my deepest congratulations and one thing that is becoming more and more no- Rota’s cultural resources are truly unique. appreciation to Alyssa Graves and Art on the ticeably absent: our Texas trees. People first arrived on the island some 3,500 Brix for this well deserved recognition from the In 2006, I obtained $28.5 million in funding years ago. Remnants of their ancient settle- Greater Golden Chamber of Commerce. I for beautification, erosion prevention and ments are found at several sites and include have no doubt her commitment to the people flood-control programs in the Houston area. the iconic latte stone houses. These consist of of Golden has made our community a better One year later, over 20,000 trees were plant- two parallel rows of limestone columns with place for all of us to live. ed along Will Clayton and Highway 59. Thou- each column supporting a hemispherical cap- f sands more trees have been planted along stone upon which a wooden framed house Houston Freeway, which I call Treeways. TRIBUTE TO THE JUNIOR LEAGUE Many of the trees were planted by civic was placed. A quarry for these columns and OF DES MOINES capstones is also among the archaeologically groups and non-profits. Apache Corporation important sites that could eventually be part of was one of the groups that donated thousands a Rota National Park. HON. TOM LATHAM of trees. I want to thank the thousands of vol- Also of national significance are Rota’s nat- OF IOWA unteers who showed up that rainy, muddy IN THE HOUSE OF REPRESENTATIVES ural resources, not least of which is the native morning during a Texas Gully Washer to help limestone forest there that provides habitat to Wednesday, February 13, 2013 plant trees. Today, the trees are maturing and the endangered Mariana crow, the Aga. This Mr. LATHAM. Mr. Speaker, I rise today to thriving—I smile every time I see them. I now rare species is protected under both local and recognize and congratulate the Junior League refer to our highways as treeways. federal laws; and its future could be further as- of Des Moines (JLDM) for being selected as I support the goals and ideals of National sured if areas of its already limited range were the 2013 organizational inductee to the Iowa Arbor Day, and I wholeheartedly support the incorporated into a park. Volunteer Hall of Fame by the Iowa Commis- planting as well as the management of healthy The Rota Cultural and Natural Resources sion on Volunteer Service. The Junior League trees in our community. I would like to recog- Study Act was passed by the House in both of Des Moines is being recognized for their ef- nize the City of Houston, the Houston Parks the 111th and 112th Congress with broad bi- forts as outstanding Iowans who have self- and Recreation Department, Memorial Park partisan support. One important reminder lessly given their time and talents to benefit Conservancy, Apache Corporation and the citi- made then and worth repeating is that pas- their state. zens of Houston as they celebrate the value sage of the Act gives the Rota study no spe- Obtaining a coveted induction to the Iowa and beauty of trees in our community. By cial preference. There are other suitability and Volunteer Hall of Fame is the most prestigious planting trees today, we are taking the nec- feasibility studies, which Congress has ap- statewide honor a volunteer can attain. Mem- essary steps to ensure the quality of life for proved and which are waiting in turn for the bers of this exclusive club have changed their those who come after us. National Park Service to have the resources to communities forever through their volunteer In 2009, Mayor Bill White started the Million conduct. The bill I am introducing simply en- service and will be forever enshrined in the Trees + Houston program. The goal was to sures that the island of Rota is in that queue. State Historical Museum. plant more than a million new trees in the City That is not to say there is no urgency to In 1926, Mrs. Ruth Wallace Wijkman found- of Houston, and today, Houston Parks and completing a study. Rota is very much at a ed the Junior Social Service League of Des Recreation along with Apache Corporation will crossroads. Land use changes are taking Moines with a mere 10 members. In 1931, plant its 3 millionth tree. And that’s just the way it is. place that could affect eventual park bound- Wijkman’s organization of humble beginnings aries. Rare and endangered species, such as would formally affiliate with the Association of f the Aga, would be safer with the permanent Junior Leagues to become the Junior League HONORING THE ACHIEVEMENTS OF protection of a park. The economy of Rota, of Des Moines. Today, after more than 80 ANNA MURPHY, OF STAFFORD which could be developed around themes of years, the JLDM is stronger than ever with SPRINGS AND HANNA DE BRUYN, eco-tourism, needs a high value destination hundreds of members that remain committed OF OLD LYME that park designation would provide. These to the mission of tirelessly building a better are some of the many reasons that the people community. Whether the task at hand is edu- HON. JOE COURTNEY of Rota support the park study and why I am cation and caring for children, expanding op- portunities for young people in Des Moines, or OF CONNECTICUT introducing the bill today. IN THE HOUSE OF REPRESENTATIVES I want to thank all those Members who are building playgrounds with their bare hands, the Wednesday, February 13, 2013 original cosponsors of the Rota Cultural and JLDM is never shy when it comes to improv- Natural Resources Study Act. And I want to ing the world around them. Mr. COURTNEY. Mr. Speaker, I rise today Mr. Speaker, the example set by this ex- thank the hundreds of House Members who to honor the achievements of two Connecticut traordinary group of women demonstrates the voted in favor of this study in the 111th and students being recognized for their contribu- rewards of hard work, dedication and service. 112th Congresses. I ask that you do so again, tions to their communities. Anna Murphy, 11, The Junior League of Des Moines’ efforts truly when this bill returns to the floor in the 113th and Hanna De Bruyn, 16, have been selected embody the Iowa spirit, and I am honored to Congress by the Prudential Spirit of Service awards for represent them in the United States Congress. f their commitment to community service and I know that all of my colleagues in the House the impact of their efforts. ART ON THE BRIX will join me in congratulating the JLDM on First, I recognize state honoree and top-two their award, thanking them for their service, finalist from the State of Connecticut, Anna and wishing them future success as they con- Murphy of Stafford Springs. Anna led a fund- HON. ED PERLMUTTER tinue to change lives. OF COLORADO raising effort through a penny drive to help f IN THE HOUSE OF REPRESENTATIVES local families heat their homes during harsh New England winters. So far, Anna has raised Wednesday, February 13, 2013 ARBOR DAY 2013—CITY OF HOUSTON more than $1,400. It is a yearly tradition in Mr. PERLMUTTER. Mr. Speaker, I rise Anna’s family to collect pennies to donate to today to recognize and honor Alyssa Graves, HON. TED POE families to pay for heating oil. Inspired by that owner of Art on the Brix for receiving the Busi- example, Anna organized her classmates and OF TEXAS ness of the Year Award from the Greater local business to contribute to the fund, so far IN THE HOUSE OF REPRESENTATIVES Golden Chamber of Commerce. filling the gas tanks in two homes. For her This award is given to an outstanding cham- Wednesday, February 13, 2013 contributions, Anna will receive $1,000, a trip ber member that has contributed substantially Mr. POE of Texas. Mr. Speaker, I regret not to Washington, DC in May and an engraved to the Chamber of Commerce community. being able to be here in Memorial Park with all silver medallion.

VerDate Mar 15 2010 03:10 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\RECORD13\RECFILES\FEB2013\E13FE3.REC E13FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E135 Next, I recognize distinguished finalist Boy Scout Troop 152 in Adel, Iowa for achiev- HONORING F. JOSEPH LOUGHREY Hanna De Bruyn of Old Lyme, Connecticut. A ing the rank of Eagle Scout. student at Lyme-Old Lyme High School, The Eagle Scout rank is the highest ad- HON. LUKE MESSER Hanna raised more than $25,000 for children vancement rank in scouting. Only about five OF INDIANA with rare brain cancers by hosting yearly races percent of Boy Scouts earn the Eagle Scout IN THE HOUSE OF REPRESENTATIVES beginning in 2010. The funds have been do- Award. The award is a performance-based nated through Caroline’s Miracle Foundation, Wednesday, February 13, 2013 achievement with high standards that have a local organization started by the family of a Mr. MESSER. Mr. Speaker, I rise today to been well-maintained for more than a century. young child suffering from one of these afflic- honor the accomplishments of one of my con- tions. For her efforts, Hanna will be awarded To earn the Eagle Scout rank, a Boy Scout stituents, F. Joseph Loughrey, the incoming with an engraved bronze medallion. is obligated to pass specific tests that are or- chairman of the board of Hillenbrand, Inc. The Prudential Spirit of Service awards ganized by requirements and merit badges, as headquartered in Batesville, Indiana. have promoted youth volunteer work and rec- well as completing an Eagle Project to benefit This month, Mr. Loughrey will assume the ognized students whose efforts have helped the community. For his project, Connor coordi- chairmanship of the board of directors of families and causes in their communities. The nated the construction of a permanent struc- Hillenbrand, Inc. He has served as a director organization reviews a pool of nearly 5,000 ture for his high school’s band director to use of the company since early 2009. That same candidates from across the nation nominated for rehearsals during the marching band sea- year, he retired from Cummins Inc., by elementary, middle, and high schools, as son. This structure will ensure the director’s headquartered in Columbus, Indiana, after well as other civic organizations. Created in safety as it facilitates greater instruction serving 35 years in a variety of roles, most re- 1995 by Prudential Financial in partnership through a ‘‘bird’s eye view.’’ The work ethic cently as vice chairman of the board of direc- with the National Association of Secondary Connor has shown in his Eagle Project and tors and as the company’s president and chief School Principals (NASSP), the awards em- every other project leading up to his Eagle operating officer. Mr. Loughrey served on the phasize the importance our Nation places on Scout rank speaks volumes of his commitment Cummins board from 2005 until 2009 and pre- service to others and encourage all young to serving a cause greater than himself and viously served as a director of Tower Auto- Americans to contribute to their communities. assisting his community. motive, Inc. and Sauer-Danfoss, Inc. Mr. Speaker, I ask all my colleagues to join Mr. Speaker, the example set by this young Mr. Loughrey currently serves on a number me in honoring Hanna De Bruyn, Anna Mur- of boards, including as chairman for Conexus phy, and the rest of these distinguished hon- man and his supportive family demonstrates the rewards of hard work, dedication and per- Indiana and as a member of the boards of AB orees from Connecticut and across the Nation, SKF, Vanguard Group, Lumina Foundation for severance. Connor’s remarkable accomplish- for their contributions to their communities and Education, the V Foundation for Cancer Re- ment represents more than a decade of com- for embodying the core value of service that search, and Oxfam America. He is also chair- mitment to the Boy Scouts—and his achieve- we all share. man of the advisory council to the College of ment is made all the more incredible by his tri- f Arts & Letters at the University of Notre Dame, umph over leukemia. I am honored to rep- where he additionally serves on the advisory HONORING ED MOODY, ‘‘MR. resent Connor and his family in the United board to the Kellogg Institute for International FRANKLIN’’ States Congress. I know that all of my col- Studies. leagues in the House will join me in congratu- HON. MARSHA BLACKBURN I ask the entire 6th Congressional District to lating him on obtaining the Eagle Scout rank- join me in congratulating Mr. Loughrey for his OF TENNESSEE ing, and I wish him continued success in his IN THE HOUSE OF REPRESENTATIVES upcoming tenure as chairman of the board of future education and career. Hillenbrand, Inc. For more than a century, the Wednesday, February 13, 2013 Hillenbrand companies have served as a sta- Mrs. BLACKBURN. Mr. Speaker, I rise f ple in the Indiana and American corporate today to pay tribute to a great leader, a great landscape, premiering innovative products in HONORING COLT A. NUTTER citizen, and a great man. Ed Moody, ‘‘Mr. the funeral services, medical, and engineering Franklin,’’ was a dear friend to many and a industries. Joseph’s leadership will continue to guiding force to a wonderful community. All HON. SAM GRAVES be a vital part of that success. those who knew him will miss him. f World War II veteran, owner of Moody Tires, OF MISSOURI and Elder Emeritus of The People’s Church, IN RECOGNITION OF DEPTFORD Ed Moody dedicated his life to the service of IN THE HOUSE OF REPRESENTATIVES TOWNSHIP MLK CONTEST WIN- NERS others. He was a member of the Franklin Wednesday, February 13, 2013 Noon Rotary Club, trustee for the Williamson County Hospital, and served on the Mr. GRAVES of Missouri. Mr. Speaker, I HON. ROBERT E. ANDREWS Williamson County Chamber of Commerce. proudly pause to recognize Colt A. Nutter. Colt OF NEW JERSEY From the YMCA to the Franklin Rodeo, there is a very special young man who has exempli- IN THE HOUSE OF REPRESENTATIVES are not many areas of life in Williamson Coun- fied the finest qualities of citizenship and lead- Wednesday, February 13, 2013 ty that have not been touched by Ed Moody’s ership by taking an active part in the Boy admirable dedication. Scouts of America, Troop 1171, and earning Mr. ANDREWS. Mr. Speaker, I rise today in There are those souls, Mr. Speaker, whose the most prestigious award of Eagle Scout. recognition of the Deptford Township Martin lights guide the way even after they are Luther King Jr. contest winners. These stu- Colt has been very active with his troop, dimmed. Ed Moody’s legacy will be one of dents, as well as all who participated in the participating in many scout activities. Over the great influence and will shape the future of contest, celebrated the life an achievement of many years Colt has been involved with scout- Williamson County for generations to come. I one of our nation’s most influential leaders. As ask my colleagues to join with me in cele- ing, he has not only earned 65 merit badges, we advance as a nation, it is of the utmost im- brating the life and service of ‘‘Mr. Franklin’’ as but also the respect of his family, peers, and portance to always take the time to appreciate we offer our sympathies to Eileen and their community. Most notably, Colt has contributed and reflect upon the figures who sacrificed for family. to his community through his Eagle Scout the betterment of our country. This annual f project. Colt led a crew of 16 scouts and contest serves as a great reminder of the adults in cleaning brush and trees from Keller progress we have made, as well as the strug- TRIBUTE TO EAGLE SCOUT Cemetery in Clay County, Missouri. Addition- CONNOR MULLEN gle that made that progress possible. The fol- ally, the team fenced and gated the cemetery lowing are the winners of this year’s Martin and recovered burial stones lost in the over- Luther King Jr. Celebration contest: HON. TOM LATHAM growth. Marcus Henriquez, Charlotte Lawrence, OF IOWA Mr. Speaker, I proudly ask you to join me in Sabrina Mannino, Cara Murphy, Jazmine IN THE HOUSE OF REPRESENTATIVES commending Colt A. Nutter for his accomplish- Tucker, Julianna Wintersteen, Mackenzie Wednesday, February 13, 2013 ments with the Boy Scouts of America and for Wurst, Ava Yelverton, Ashley Currie, Ingenue Mr. LATHAM. Mr. Speaker, I rise today to his efforts put forth in achieving the highest McBeth, Faith McCoy, Landon Sentak, Ken- recognize and congratulate Connor Mullen of distinction of Eagle Scout. nedy Davis, Aidan Doerr, Hanna Shein, Darrin

VerDate Mar 15 2010 03:10 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\RECORD13\RECFILES\FEB2013\E13FE3.REC E13FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE E136 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2013 Bryant, Carl Carter, Isabella Connearney, to India. His philosophy of inclusiveness is the tion’s fiscal year 2011 budget. While the ad- Chelsea Moore, Julia Rafferty, Victoria reason why delegates from more than 121 ministration backed away from those cuts in Delgado, Alaina Foy, Emma Fisher, Danica countries attended the Vibrant Gujarat 2013 its more recent budget proposals, this legisla- Godshall, Ethan Kindt, Mya Christian, Michael Summit to explore business opportunities and tion would put the program on a more solid Faulls, Julia Guevara, Yukta Narayan, Simran forge strategic partnerships. It is the reason foundation by specifically authorizing it in law. Kaur, Olivia Voit, Xavier Woods, Briana why voters support Shri Modi time and again. Since the VPP was created in 1982, it has Culbert, David Maturo, Bellarose Bostwick, Shri Modi’s vision is rare. His leadership is grown to include more than 2,200 worksites Ashlee Jarmen, Malcolm Miller, Zachary Mor- remarkable. But his connection to Mahatma and more than 921,000 employees. A 2007 gan, Morgan Warren, Amaris Bussie, Olivia Gandhi is what strikes me most. Gujarat is report noted that federal VPP worksites saved Jaci, Ileanna Jones, Daisy Schreiner, Jade Ri- Gandhi’s land. By providence or otherwise, it the government more than $59 million by vera, Farrah Sacharok, Ciara Blas, Joshua is also the land where Shri Modi serves. As avoiding injuries and that private sector VPP DeGuzman, Alina Hoover, Jania Long, Juliana such, it is little wonder that Gujarat State, hav- participants saved more than $300 million. Pit, Hailey Fair, Alexandra Lowry, Santos ing historically given leadership to the entire Participating workplaces have an illness and Diaz, Tehya Dickinson, Anaya Jones, Jac- Nation and now ranked first in economic free- injury rate that, on average, is 50 percent queline Reagan, Emily Reed, Chloe Reyes, dom in India, continues to brighten the hopes below that of their industry. Donovan Clement, Brendan Connor, Gianna and dreams of so many. Business owners in my district have re- McIntyre, Tianna Smith, Rocco Laltrella Bruce, With such accomplishment, it is my sincere ported to me that the relationship between Asiya Robinson, Kimberly Sorbello, Marco hope that the United States will take a new OSHA and businesses has become more ad- Viloria, Gianna Wolfe, Olivia Devine, Camryn look at Gujarat and support more openly and versarial over the past couple years. While Ransom, Hunter Young, Colin Schumacher, fully the ideas of CM Modi as he works for the OSHA does have a responsibility to enforce Angel Mangini, Nicholas Marengo, Hailey betterment of the world’s economy by creating workplace safety laws, it has been my experi- Parker, Sydney Shute, Ashley Baresich, Chris- jobs at home and abroad for purposes of im- ence that most employers want to run safe topher Deeley, Jaiana Ray, Ashley Scheld, proving the lives of people across the globe. workplaces. The VPP program provides a John Cooper, Megan Grace, Nathan Jackson, f mechanism for OSHA to build a more con- Mariela Dimalaluan, Deziree Faith HONORING JORDAN K. DONNER structive relationship with employers who have Johannesen, Devon Moss, Millicent Sannoh. demonstrated a willingness to invest in work- f place safety. This creates an incentive for HON. SAM GRAVES other employers to follow suit, improving safe- CONGRATULATING SHRI OF MISSOURI NARENDRA MODI ON HIS RE- ty and saving money on enforcement costs at IN THE HOUSE OF REPRESENTATIVES ELECTION AS CHIEF MINISTER the same time. OF GUJARAT Wednesday, February 13, 2013 I hope that our colleagues will join us in au- Mr. GRAVES of Missouri. Mr. Speaker, I thorizing this bipartisan and successful work- HON. ENI F.H. FALEOMAVAEGA proudly pause to recognize Jordan K. Donner. place safety program. OF AMERICAN SAMOA Jordan is a very special young man who has f IN THE HOUSE OF REPRESENTATIVES exemplified the finest qualities of citizenship and leadership by taking an active part in the Wednesday, February 13, 2013 THE INTRODUCTION OF THE INDO- Boy Scouts of America, Troop 1376, and earn- NESIAN FAMILY REFUGEE PRO- Mr. FALEOMAVAEGA. Mr. Speaker, in one ing the most prestigious award of Eagle Scout. TECTION ACT OF 2013 of my first acts of the 113th Congress as the Jordan has been very active with his troop, Ranking Member of the Foreign Affairs Sub- participating in many scout activities. Over the committee on Asia and the Pacific which has many years Jordan has been involved with HON. CAROLYN B. MALONEY broad jurisdiction for U.S. policy affecting the scouting, he has not only earned numerous OF NEW YORK region, including India, I rise today to con- merit badges, but also the respect of his fam- IN THE HOUSE OF REPRESENTATIVES gratulate Shri Narendra Modi on his reelection ily, peers, and community. Most notably, Jor- as Chief Minister of India’s Gujarat state. dan has contributed to his community through Wednesday, February 13, 2013 Shri Modi’s new term as Chief Minister will his Eagle Scout project. Mrs. CAROLYN B. MALONEY of New York. be his fourth—an historic achievement for the Mr. Speaker, I proudly ask you to join me in Mr. Speaker, today I am introducing legislation Honorable Narendra Modi and his some 60 commending Jordan K. Donner for his accom- with my colleagues, Rep. FRANK PALLONE JR., million constituents, as no other CM has plishments with the Boy Scouts of America Rep. CHRIS SMITH, Rep. LUIS GUTIERREZ, Rep. served Gujarat for as many terms. Shri Modi and for his efforts put forth in achieving the MADELEINE BORDALLO, Rep. RUSH HOLT, which became the longest-serving CM of Gujarat in highest distinction of Eagle Scout. would simply allow Christian Indonesian citi- 2007. f Since 2001, CM Modi has led a decade of zens fleeing persecution, many of whom ar- unprecedented growth and development in INTRODUCTION OF THE BIPAR- rived during a five-year timeframe (January 1, Gujarat. Because of his extraordinary leader- TISAN VOLUNTARY PROTECTION 1997–November 30, 2002) and were denied ship, Gujarat is now an economic powerhouse PROGRAM ACT asylum solely for missing the one-year filing with companies like Ford and General Motors deadline, the opportunity to reopen their also setting up factories in a move that prom- HON. THOMAS E. PETRI claims during the two-year period following en- actment. ises to strengthen U.S.-India trade and invest- OF WISCONSIN Beginning in 1997, many Indonesian Chris- ment. IN THE HOUSE OF REPRESENTATIVES I thank Mr. Sanjay Puri, founder and Presi- tians fled religious persecution in Indonesia, dent of the Alliance for U.S.-India Business Wednesday, February 13, 2013 where extreme violence and destruction of (AUSIB), for the outstanding work he has Mr. PETRI. Mr. Speaker, today, Rep. GENE churches drove them from their homes. These done and continues to do in the U.S. Con- GREEN and I are introducing the bipartisan individuals came to this country, seeking relief gress to promote U.S.-Gujarat trade and the Voluntary Protection Program (VPP) Act to from extreme violence and persecution for Vibrant Gujarat initiative which has become an make permanent one of the federal govern- their religious beliefs, but were unable to make example of CM Modi’s visionary approach for ment’s most successful workplace health and the one-year filing deadline. They deserve the inclusive development. safety programs. opportunity to have their claims heard. CM Modi’s philosophy of bringing develop- This legislation would codify a successful The United States has long sought to pro- ment to ‘‘the doorstep of every poor person, program, the Voluntary Protection Program, tect refugees fleeing persecution and provide every farmer, every worker’’ is a philosophy operated by the Occupational Safety and a process to fairly consider their claims. This that resonates beyond the boundaries of Guja- Health Administration (OSHA) that recognizes bill does not, in itself, grant asylum, but merely rat because it is a philosophy that transcends and rewards employers who voluntarily work removes a procedural barrier to their claims caste, culture, regional and religious dif- to improve the health and safety of their work- being considered. These individuals seeking ferences. sites. The program is currently operating but asylum deserve a second chance to avoid the I believe CM Modi’s approach to empower- has never been authorized in law and was persecution they have fled and remain united ment is why Gujarat is now the global gateway proposed to be cut by the Obama administra- with their families.

VerDate Mar 15 2010 03:10 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\RECORD13\RECFILES\FEB2013\E13FE3.REC E13FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E137 50TH ANNIVERSARY OF THE CITY BELLAIRE HIGH SCHOOL YOUNG legal public holiday for Washington’s Birthday OF PORTAGE, MICHIGAN REPUBLICANS from the third Monday of February to the ac- tual date of George Washington’s birth on HON. FRED UPTON HON. TED POE February 22. OF TEXAS I have long admired President Washington OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES and have found inspiration in public service IN THE HOUSE OF REPRESENTATIVES from studying his life. Unfortunately, I have Wednesday, February 13, 2013 Wednesday, February 13, 2013 found that students today have a dearth of Mr. POE of Texas. Mr. Speaker, last No- knowledge about our nation’s beginnings and Mr. UPTON. Mr. Speaker, I rise today to vember, we once again witnessed a remark- the man from Virginia who led the colonies to recognize the 50th anniversary of the City of ably low turn-out among this nation’s youth. form the union known as the United States of Portage, Michigan—A Natural Place to Move. Sadly, the majority of the youngest demo- America. On February 18, 1963, residents of Portage graphic group, our nation’s future, Republican In 2011, two-time Pulitzer Prize winning his- Township voted 3,762 to 2,315 in favor of be- and Democrat alike, failed to take part in the tory author David McCullough observed, coming a city. On December 31, 1963, the democratic process. I met a group of young ‘‘We’re raising young people who are, by and City of Portage was formally incorporated. high school students trying to buck that trend. large, historically illiterate.’’ How can we ade- From just over 20,000 residents in 1963, Por- The Bellaire High School Young Repub- quately explain the importance of George tage is now home to over 46,000. Historically, licans, led by Michelle Knesbach, Jennifer Washington to our children when we do not Portage grew as a crossroads for traders in Knesbach, and Michael Scheinthal, push to even take time to recognize his actual birth- the 19th century and benefitted from fertile create a spirit of activism at their high school, day? We must reestablish Washington’s Birth- farmland and abundant natural resources. in the city of Houston, and around the state of day on the 22nd to honor his legacy and in Today, Portage is a vibrant community with Texas. At the age of fourteen, these three stu- doing so call upon schools across the nation affordable, safe housing in well-maintained dents began working on local campaigns, to focus on Washington as the soldier, legis- neighborhoods; hundreds of successful com- block walking on weekends and helping lator and president who shepherded our young mercial and industrial businesses; and is the fundraise on school nights. Soon after, the nation through war, political turmoil, rebellion retail crossroads of southwest Michigan. This three started the High School Republicans of and expansion as no other single individual strong, diverse community is family-focused Texas, an official auxiliary of the state party was capable of doing. and proudly boasts over 2,000 acres of park which focuses on giving a voice to those too I believe Congress has unwittingly contrib- and recreational space, 56 miles of bikeways, young to vote, and encourages activism uted to this lack of historical understanding by three nature preserves and seven lakes that among their schoolmates. Through voter reg- relegating Washington’s Birthday to the third connect its citizens and visitors to each other istration drives and get out the vote cam- Monday of February to take advantage of a and the natural world. paigns in their community, the Bellaire High three-day weekend. We need to change the The City of Portage is a robust community School Republicans engage young people in focus from celebrating sales at the mall to that excels with an accredited public safety the political process, making a difference on celebrating the significance of President department, low tax rate, accredited senior cit- Election Day. Washington’s birth to the birth of our nation. izen center, comprehensive and efficient city I met this group at a dinner I spoke at and There is a reason the birthday of President services, diverse employment opportunities, was impressed by their initiative. I was invited George Washington is the only legal federal an excellent public school system, award-win- to speak at their school, and when I walked holiday observed for a president of the United ning district library and world-class healthcare into the building, taking me back to the days States. He is called the ‘‘father of our country’’ that together facilitate an economic climate of too much homework and pop quizzes, I was because he is without compare in our nation’s that allows Portage residents to thrive. Quite surprised that around 300 students came to history. simply, it is a great place to live, work, and the event during their lunch break. We had a Washington’s Birthday has been celebrated play. discussion, about Hamas, about drug cartels, since the final days of the Revolutionary War. Mr. Speaker, I am proud to recognize the about policy and bipartisanship, topics that I French and American troops paraded through City of Portage and applaud the city on its often find bore people twice their age; yet they Newport, Rhode Island, in 1781 and celebra- 50th anniversary. A momentous milestone for were intrigued. An age group, often over- tions were held in Richmond, Virginia, in 1782. a remarkable community. looked, often deemed to not care, was just as Organized by French General Rochambeau fascinated, cared just as much, about these and others who knew him personally, these f vital topics as anyone. The Bellaire Young Re- celebrations drew special attention to the brav- publicans and the High School Republicans of ery, courage, leadership and perseverance of HONORING ADAM E. COCKRIEL Texas are changing the status quo by inspir- the Revolutionary War hero. ing their classmates to avoid being a part of From the beginning of our country, the im- HON. SAM GRAVES another disappointing statistic. portance of this day has been recognized. As Campaign events of the future will be full of President James Buchanan said in 1860, OF MISSOURI young faces. Students too young to vote learn ‘‘. . . when the birthday of Washington shall IN THE HOUSE OF REPRESENTATIVES that they can make a difference, impact their be forgotten, liberty will have perished from Wednesday, February 13, 2013 state, and impact their country. Further merit the earth.’’ In response, President Rutherford should be credited to the Bellaire Young Re- B. Hayes signed legislation in 1879 that made Mr. GRAVES of Missouri. Mr. Speaker, I publicans as they fight for ideas that are wide- Washington’s Birthday a holiday for District proudly pause to recognize Adam E. Cockriel. ly rejected by their peers as they work to end federal workers. The holiday was extended to Adam is a very special young man who has the ‘‘youth involvement drought’’ slowly erod- all federal workers in 1885. exemplified the finest qualities of citizenship ing the Republican Party and the Conservative This legislation I reintroduce today is not and leadership by taking an active part in the Movement. Looking into the young crowd, I without precedent. In 1975, Congress amend- Boy Scouts of America, Troop 351, and earn- knew there was hope for my party and for my ed the Uniform Monday Holiday Act and Presi- ing the most prestigious award of Eagle Scout. county. dent Gerald R. Ford signed legislation into law Adam has been very active with his troop, And that’s just the way it is. returning the annual observance of Veterans participating in many scout activities. Over the f Day from the fourth Monday in November to many years Adam has been involved with its original date of November 11, beginning in scouting, he has not only earned numerous HONORING THE LEGACY OF 1978. merit badges, but also the respect of his fam- GEORGE WASHINGTON The Uniform Holiday Bill signed in 1968 and ily, peers, and community. Most notably, effective in 1971 was intended to ensure Adam has contributed to his community HON. FRANK R. WOLF three-day weekends for federal employees by through his Eagle Scout project. OF VIRGINIA celebrating four national holidays on Mondays: Mr. Speaker, I proudly ask you to join me in IN THE HOUSE OF REPRESENTATIVES Washington’s Birthday, Memorial Day, Vet- commending Adam E. Cockriel for his accom- erans Day and Columbus Day. Originally plishments with the Boy Scouts of America Wednesday, February 13, 2013 called Armistice Day to mark the signing of an and for his efforts put forth in achieving the Mr. WOLF. Mr. Speaker, today I rise to re- Armistice on the 11th hour, of the 11th day, of highest distinction of Eagle Scout. introduce legislation that would reestablish the the 11th month in 1918 that ended World War

VerDate Mar 15 2010 03:10 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\RECORD13\RECFILES\FEB2013\E13FE3.REC E13FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE E138 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2013 I, the date of November 11 holds historic and taken a different turn. I urge my colleagues to ing the warming of our planet, and I believe it patriotic significance as a day of thanks and join in cosponsoring this legislation to forever should be the model for action taken in the remembrance for all veterans. The law change honor President George Washington’s Birth- current congress. brought widespread public protest and 46 day. As a member of the Environment and the states refused to recognize any day other than JANUARY 19, 2012. Economy subcommittee and of the Waxman- November 11 to honor the sacrifice made first DEAR MR. WOLF: The place of George Wash- Whitehouse climate change task force, I will by World War I veterans and subsequently by ington in the American story, his all-impor- continue to push for comprehensive and im- all veterans. tant example of courage and integrity in mediate action. I promise to collaborate with The restoration of the observance of Vet- leadership, can hardly be overstated and anyone from either side of the aisle to work to- must never be taken lightly. erans Day to November 11 not only preserves Nor should we celebrate his birthday on ward constructive and meaningful solutions. the historical significance of the date, but any day but February 22, any more than we We must act together to forge a legislative so- helps focus attention on the important purpose would wish to move July 4 about to suit lution to this crisis while we can still do some- of Veterans Day as a celebration to honor some convenience of the moment. thing about it. America’s veterans for their patriotism, love of How can it reasonably be argued other- The time is now. This is our moment—all of country, and willingness to serve and sacrifice wise? us—Republicans and Democrats. We must act for the common good. Celebrating George Washington’s birthday to preserve and protect the planet for our chil- Likewise, we need to restore the observ- on February 22 is a simple, solid, self-evident statement of respect for one of the greatest dren and grandchildren, and for their children ance of Washington’s Birthday to February 22 of all Americans, for his whole founding gen- and grandchildren. We cannot afford to be on to preserve the date of his birth for history and eration, and for so much that we owe them. the wrong side of history. to focus attention on his life of service and Sincerely, f duty to his country. Even George Washing- DAVID MCCULLOUGH. HONORING CHASE LEE BEELER ton’s home state of Virginia, where he was f born and raised, which he served in elected office, where he accepted General Cornwallis’ WE MUST TAKE STRONG ACTION HON. SAM GRAVES ON CLIMATE CHANGE surrender, and where he is buried, celebrates OF MISSOURI Washington’s Birthday in accordance with the IN THE HOUSE OF REPRESENTATIVES Uniform Monday Holiday Act. I believe all HON. JANICE D. SCHAKOWSKY Wednesday, February 13, 2013 school children in every state should dedicate OF ILLINOIS February 22 each year to learning about our IN THE HOUSE OF REPRESENTATIVES Mr. GRAVES of Missouri. Mr. Speaker, I proudly pause to recognize Chase Lee Beeler. greatest leader, foremost patriot, first president Wednesday, February 13, 2013 and the only six-star general in the nation’s Chase is a very special young man who has history. Ms. SCHAKOWSKY. Mr. Speaker, John F. exemplified the finest qualities of citizenship Posterity has shown that the traditions he Kennedy said, ‘‘When written in Chinese, the and leadership by taking an active part in the started, including civilian control of the military word ‘crisis’ is comprised of two characters. Boy Scouts of America, Troop 314, and earn- and presidential term limits, have distinguished One represents danger and the other rep- ing the most prestigious award of Eagle Scout. our government from so many failed countries resents opportunity.’’ Those words ring true Chase has been very active with his troop, born in revolution from the colonial powers of with regard to perhaps the greatest crisis fac- participating in many scout activities. Over the the 18th century. President Washington exem- ing our world: climate change. We face immi- many years Chase has been involved with plifies the best that America and Americans nent and continuing danger, but we also have scouting, he has not only earned numerous have to offer the world; principled leadership, an opportunity to change course and leave be- merit badges, but also the respect of his fam- personal bravery, a sense of duty and public hind a better planet for future generations. ily, peers, and community. Most notably, service, patriotism, recognition of our unique Global warming is happening. The ten hot- Chase has led his troop in various positions role in world history, and a reverence for his test years on earth since 1880 have all oc- including Assistant Senior Patrol Leader, has Creator. His enduring service deserves to be curred since 1997. According to the New York earned the rank of Foxman in the Tribe of remembered on his actual birthday. Times, 2012 was the hottest year ever in the Mic–O–Say and is a Brotherhood Member in My legislation is supported by George continental United States, a full degree hotter the Order of the Arrow. Chase has also con- Washington’s Mount Vernon Estate. Executive (in terms of average temperature) than the tributed to his community through his Eagle Director Jim Rees said, ‘‘The holiday was far previous record. More than 60 percent of the Scout project. Chase designed and con- more meaningful when it revolved around country, including much of the Midwest, expe- structed six benches out of recycled telephone George Washington, and schools were able to rienced severe drought. Wildfires spread poles and installed a flag pole for Hillcrest focus on his sterling example of character and throughout areas of the western United States, Transitional Housing in Kansas City, Missouri. leadership.’’ and severe storms ravaged the east coast. Mr. Speaker, I proudly ask you to join me in I am extremely pleased that David We face serious danger. Over the next few commending Chase Lee Beeler for his accom- McCullough supports my legislation as well. centuries, sea levels could rise an average of plishments with the Boy Scouts of America His letter, copied below, says ‘‘Celebrating 12 feet, swallowing coastal areas in the U.S. and for his efforts put forth in achieving the George Washington’s Birthday on February 22 and around the world. According to the Inter- highest distinction of Eagle Scout. is a simple, solid, self-evident statement of re- governmental Panel on Climate Change, f spect for one of the greatest of all Americans, drought and famine could lead to decreased for his whole founding generation, and for so water availability, increased starvation, and HONORING LTC WILLIAM ANTON much that we owe them.’’ new instability in many regions of the world— The legislation is also supported by other particularly Africa, Southeast Asia, and Latin HON. JOSEPH J. HECK prominent authors and scholars that have pub- America. OF NEVADA lished extensive works on Washington’s life. This crisis presents an opportunity. This IN THE HOUSE OF REPRESENTATIVES Scholar and history professor Gordon Wood Congress has a unique ability to take leader- stated ‘‘I agree wholeheartedly that Washing- ship in addressing what is a planetary problem Wednesday, February 13, 2013 ton’s Birthday ought to be separated from the for us right now. We can act now, or we can Mr. HECK of Nevada. Mr. Speaker, I come Uniform Monday Holiday Act. He is unique as let our opportunity pass by. The choice should to the floor today to recognize the exemplary a president and founder.’’ In addition, my leg- be clear. service and outstanding achievements of LTC islation is supported by noted Washington his- I support a comprehensive approach to cli- William Anton, a member of the Army Ranger torian Ron Chernow, historians Peter mate change. I was a strong proponent for the Hall of Fame and a resident of southern Ne- Henriques and Richard Brookhiser and history American Clean Energy and Security Act, vada. professors from the University of Georgia, La- which passed the House in 2009. That legisla- LTC Anton was recently awarded the pres- Salle University, James Madison University tion would have introduced a renewable en- tigious Knowlton Award—an honor recognizing and Brandeis University. ergy standard, subsidized important research significant contributions in the field of Army in- Mr. Speaker, it is only right that we hold and development of clean technologies and telligence—by our nation’s Military Intelligence February 22 as a date of reverence to com- energy efficiency, and created a cap and trade Corps. memorate the unique person without whom system to reduce greenhouse gas emissions. After serving with distinction in Vietnam, the tide of American history may well have It would have had a significant impact in curb- service which earned him a 2009 induction

VerDate Mar 15 2010 03:10 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\RECORD13\RECFILES\FEB2013\E13FE3.REC E13FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E139 into the Army Ranger Hall of Fame, Bill began include his work as Trustee of the University community and is a true California icon. His a career in Army intelligence. of Connecticut, the Connecticut Conservation trademark wit and unceasing passion will be In 1979, while in command of an electronic Association, Middlesex Hospital, Connecticut missed by the legions of fans and admirers he warfare company, Bill developed a key intel- College, Yale-New Haven Hospital, Mount St. has left behind. ligence-gathering tool that was still being used John’s School and the Middlesex County HONORING CRAIG SCOTT a decade later during Operation Desert Storm. Y.M.C.A.. Dick proudly served as the Presi- GRISWOLD The details of the intelligence system Bill dent and Chairman on the Board of the developed are still considered classified but Goodspeed Opera House. rest assured it was an asset to our troops in Dick recognized the importance and inher- HON. SAM GRAVES battle and may have saved American lives as ent value in serving in a community, through OF MISSOURI it gathered intelligence on our enemies. his commitment to service in government, and IN THE HOUSE OF REPRESENTATIVES The Knowlton Award was named after Rev- also through his devotion to his local con- Wednesday, February 13, 2013 olutionary War hero LTC Thomas Knowlton of gregation, the Congregation Beth Shalom, of Connecticut who was commissioned by which he was a lifelong member. Mr. GRAVES of Missouri. Mr. Speaker, I George Washington to raise a regiment to per- On a personal note, Dick was a generous proudly pause to recognize Craig Scott Gris- form desperate and delicate intelligence serv- mentor for me and many others of a younger wold. Craig is a very special young man who ices and LTC Bill Anton has exemplified this generation, serving in the Connecticut General has exemplified the finest qualities of citizen- tradition with his service to our country. Assembly. He imparted experience and good ship and leadership by taking an active part in I congratulate LTC Bill Anton on this well- judgment to us all and was a great inspiration the Boy Scouts of America, Troop 345, and deserved honor. for those of us thinking about entering public earning the most prestigious award of Eagle service. Scout. f Mr. Speaker, I ask all my colleagues to join Craig has been very active with his troop, HONORING THE LIFE AND SERVICE me in honoring the life and service of Dick participating in many scout activities. Over the OF RICHARD SCHNELLER Schneller, and sharing our condolences with many years Craig has been involved with the family he leaves behind. scouting, he has not only earned numerous merit badges, but also the respect of his fam- HON. JOE COURTNEY f ily, peers, and community. Most notably, Craig OF CONNECTICUT HONORING JIM SWEENEY has contributed to his community through his IN THE HOUSE OF REPRESENTATIVES Eagle Scout project. Craig designed and con- Wednesday, February 13, 2013 HON. DEVIN NUNES structed new stairs and landings for the One– Room Schoolhouse operated by the Putnam Mr. COURTNEY. Mr. Speaker, I rise today OF CALIFORNIA County Historical Society at the City Park in with great solemnity to share with you the re- IN THE HOUSE OF REPRESENTATIVES Unionville, Missouri. cent death of Richard Schneller. Wednesday, February 13, 2013 Mr. Speaker, I proudly ask you to join me in Richard ‘‘Dick’’ Schneller, a tireless Con- commending Craig Scott Griswold for his ac- necticut resident who celebrated his 90th birth- Mr. NUNES. Mr. Speaker, I rise today complishments with the Boy Scouts of Amer- day just last March, leaves behind a storied alongside my colleagues, Representative ica and for his efforts put forth in achieving the life of service to his family, his state, and his COSTA and Representative VALADAO, to honor highest distinction of Eagle Scout. country. A native of Essex, Dick attended the life and career of Jim Sweeney, who Mount Hermon School and went on to receive passed away on February 8, 2013. Mr. f Sweeney was the legendary coach of the a Bachelor of Science degree from Yale Uni- HONORING MIKE WALKER versity in 1943. Following graduation, Dick Fresno State football team, leading the Bull- served his country with the United Sates Navy dogs for nearly two decades and leaving an as a Lieutenant and participated in several indelible imprint on his team, his school, and HON. MARSHA BLACKBURN South Pacific D-Day island invasions. After his his community. OF TENNESSEE military discharge, Dick applied his skills to his The son of a hardscrabble miner, Mr. IN THE HOUSE OF REPRESENTATIVES family’s business, becoming President of The Sweeney worked in the mines during his col- Wednesday, February 13, 2013 Verplex Company in 1952 and serving until lege summers. Afterward, he coached high 1972. school football for several years in his native Mrs. BLACKBURN. Mr. Speaker, the mark Dick proudly served his community and his Montana and then became an assistant coach of a great community is found in its leader- government as a five-term State Senator rep- of the Montana State Bobcats in 1960. Ap- ship. Hard working, always professional, and resenting Connecticut’s 20th Senatorial dis- pointed head coach in 1963, he served five dedicated to long-term vision are the key trict. From the time he entered the State Sen- years in that position and eight years as head qualities of a strong local leader. For the past ate in 1975 until his departure in 1984, Dick coach of the Washington State Cougars be- 23 years, Brentwood, Tennessee has had the maintained a fierce dedication to service of his fore becoming head coach at Fresno State, great honor of Mike Walker’s leadership as state and his community. As a State Senator, the position that would define his career. City Manager. Dick served successively on a number of com- During his nineteen years at Fresno State, Mike Walker has a strong history in leading mittees, including the Education Committee interrupted by a two-year stint on the coaching and leading well. Serving as the administrative and the Appropriations Committee. He served staffs of the Oakland Raiders and St. Louis head of Brentwood’s municipal government, as chairman of the State Urban and Develop- Cardinals, Mr. Sweeney elevated the Bulldogs Mike has been responsible for full service gov- ment Committee. Dick also held the title of to national prominence. A charismatic, no-non- ernment including a $60 million annual budget Senate Majority Leader for the final three sense leader, he brought an infectious enthu- and 250 employees. In addition to his out- years of his tenure in the State Senate. siasm to the entire community and inspired standing service to the City of Brentwood, In addition to his commitment to the better- fierce loyalty in his players. He implanted an Mike’s legacy of excellence reaches to Oak ment of Connecticut government, Dick also enduring team spirit with his resounding ren- Ridge, Knoxville, and the International City/ played significant administrative roles in a ditions of team fight songs and his inception of County Management Association. broad range of local institutions. In his home the ‘‘Bulldog born, Bulldog bred’’ chant that It takes a great number of talented people town of Essex, Dick served for seven years as players still invoke today. In Fresno, Mr. to keep a city running. Keeping such an excel- Chairman of the Essex Democratic Town Sweeney won eight conference titles and five lent city like Brentwood on the right track re- Committee, was a member of the Essex bowl games on his way to amassing 144 vic- quires more than talent; it requires excellence, Board of Finance, and was a member and tories, the most of any head coach in Bulldog dedication, and leadership. The City of Brent- chairman of the Regional District #4 Board of history. Among his many well-deserved acco- wood has been lucky to have Mike Walker Education. He was also Charter President of lades, the team’s football field was renamed in leading the way. I ask my colleagues to join the Essex Rotary Club and Founding Treas- his honor. with me, Linda, Lauren, Evan, and Travis, in urer of the Essex Community Fund. Some of Personifying excellence, hard-work, and in- celebrating Mike’s outstanding legacy of serv- his other involvements in local organizations tegrity, Mr. Sweeney was well-loved in his ice and commitment.

VerDate Mar 15 2010 03:10 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\RECORD13\RECFILES\FEB2013\E13FE3.REC E13FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE E140 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2013 NATIONAL GUARD STATE PART- that a National Guard may perform when in Roman Empire from Rachel Castellani, a 6th NERSHIP PROGRAM ENHANCE- support of the State Partnership Program. The grade student from Southside Christian School MENT ACT capabilities and missions outlined in this legis- in Simpsonville, SC. Rachel wrote, lation leverage the very unique capabilities in- I believe that what I have learned can help HON. MADELEINE Z. BORDALLO herit in the National Guard which would me with politics and economics. I think that OF GUAM strengthen our relations with allies and nations if the Romans had not gone and taken some of the risks they had taken and maybe had IN THE HOUSE OF REPRESENTATIVES across the globe. The dual role of the National Guard provides them a unique opportunity to been less violent, the empire might still be Wednesday, February 13, 2013 support Combatant Commander as well as an alive today. A topic I want to talk about is Ms. BORDALLO. Mr. Speaker, today I have Ambassadors needs in a given country. I be- the economy. If you are trying to encourage introduced the National Guard State Partner- the lower class citizens (plebians) why do lieve this legislation is necessary to codify cur- you raise tax rates higher? This is the same ship Program, SPP, Enhancement Act which rent practices and enhance the program’s thing happening to America, I don’t want to strengthens and expands this critical capacity positive impact. be left in the same situation. Let’s lower building program. The National Guard pro- Finally, I would note that a version of this taxes and form new business in America. vides unique capacity building capabilities to legislation passed by voice vote, last year, Don’t let our nation crumble like Rome’s! Combatant Commanders and U.S. Ambas- during consideration of amendments to the f sadors via 65 comprehensive partnerships be- National Defense Authorization Act for Fiscal tween National Guard units across the United Year 2013. The program has broad support in INTRODUCTION OF THE NATIONAL States and partner nations. The SPP directly Congress and I urge my colleagues to support WILDLIFE REFUGE REVIEW ACT supports the broad national interests and se- this measure. curity cooperation goals of the United States f HON. JOHN FLEMING by engaging partner nations via military, socio- OUR UNCONSCIONABLE NATIONAL OF LOUISIANA political, and economic conduits at the local, DEBT IN THE HOUSE OF REPRESENTATIVES state, and national levels. The program’s pub- Wednesday, February 13, 2013 lic diplomacy effectiveness lies in its ability to leverage the full breadth and depth of U.S. de- HON. MIKE COFFMAN Mr. FLEMING. Mr. Speaker, today, I am re- OF COLORADO fense and interagency capabilities from within introducing, along with a number of our col- IN THE HOUSE OF REPRESENTATIVES the state-country relationship. leagues, the National Wildlife Refuge Review The goals of the program reflect an evolving Wednesday, February 13, 2013 Act. This legislation is necessary because international affairs mission for the National Mr. COFFMAN. Mr. Speaker, on January 3, under current law, the U.S. Fish and Wildlife Guard emphasizing its unique state-federal 2009, the day I took office, the national debt Service can administratively create a national and civil-military characteristics to interact with was $10,627,961,295,930.67. wildlife refuge regardless of size, location or both the active and reserve forces of foreign Today, it is $16,498,229,961,731.67. We’ve support from the local communities without nations, interagency partners, and inter- added $5,970,268,665,801 to our debt in 4 any input from the Congress. national nongovernmental organizations. The years. This is a $5.9 trillion in debt our nation, There may have been some logic in grant- value of the SPP lies in its ability to con- our economy, and our children could have ing this federal agency an unfettered ability to centrate a small component of the U.S. de- avoided with a Balanced Budget Amendment. establish a national wildlife refuge in 1903 fense structure—a state’s National Guard—on We must stop this unconscionable accumula- when the first was created by President Theo- a single country or region in support of U.S. tion of debt. dore Roosevelt. However, with our national Government policies and objectives. This con- f debt exceeding $16.5 trillion, it is now impera- tive that the Congress carefully review each centrated focus supports the development of HONORING NATHAN T. ITAO long term personal relationships and inter- significant expenditure of our tax dollars. agency coordination mechanisms that would During the past four years, the Fish and not otherwise exist. HON. SAM GRAVES Wildlife Service has administratively estab- The SPP has the potential of being increas- OF MISSOURI lished more than ten national wildlife refuges ingly more important tool for Combatant Com- IN THE HOUSE OF REPRESENTATIVES including two in Kansas and Florida that in- manders and U.S. Ambassadors in achieving Wednesday, February 13, 2013 volve more than 1 million acres of private long-term US objectives. The program has de- Mr. GRAVES of Missouri. Mr. Speaker, I property and a price tag exceeding $1 billion. veloped from assistance and partnership with proudly pause to recognize Nathan T. Itao. Under current law, the Service first establishes primarily Eastern European nations to a pro- Nathan is a very special young man who has these refuges and then comes to the Con- gram that supports all the non-CONUS com- exemplified the finest qualities of citizenship gress seeking funds to actually obtain the batant commanders. Of particular interest to and leadership by taking an active part in the lands through either fee title or conservation me are the opportunities that SPP poses for Boy Scouts of America, Troop 351, and earn- easements. our rebalance to the Asia-Pacific region. I be- ing the most prestigious award of Eagle Scout. On October 25, 2011, the Service testified lieve the SPP brings unique capabilities to US Nathan has been very active with his troop, before the Subcommittee on Fisheries, Wild- Pacific Command in expanding and strength- participating in many scout activities. Over the life, Oceans and Insular Affairs and stated that ening bilateral relations with many Asian and many years Nathan has been involved with requiring a Congressional authorization would Pacific nations. The program can help to dem- scouting, he has not only earned numerous ‘‘Impede the Service’s ability to be strategic, onstrate the U.S. commitment to the region merit badges, but also the respect of his fam- flexible, nimble and responsive to strategically and our allies. ily, peers, and community. Most notably, Na- grow the Refuge System.’’ The bill I introduce today helps the SPP by than has contributed to his community through Mr. Speaker, this is the same federal agen- codifying the program’s use of funding and his Eagle Scout project. cy that has an operations and maintenance spells out the roles that National Guard units Mr. Speaker, I proudly ask you to join me in backlog exceeding $3 billion, with dozens of can play in their capacity building. The legisla- commending Nathan T. Itao for his accom- refuges infested by invasive species, with tion is needed to ensure the program meets plishments with the Boy Scouts of America overgrown trails and full of potholed roads. By its intended goals. The legislation first estab- and for his efforts put forth in achieving the their own admission, they lack the financial re- lishes the process through which funds appro- highest distinction of Eagle Scout. sources to fix more than 3,300 mission critical priated to the National Guard may be used to f projects. During the past two years, it has be- support the program’s goals. This is merely a LESSONS FROM THE ROMAN come increasingly clear that the Service is in- codification of Department of Defense guid- EMPIRE capable of effectively managing what they al- ance and National Guard Bureau process. Ad- ready own. The Congress has a responsibility ditionally, the legislation outlines the mecha- to curb their insatiable appetite for property nism through which partnerships may be re- HON. TREY GOWDY acquisition. For far too long, this agency has OF SOUTH CAROLINA quested and approved. The bill ensures that placed too much emphasis on growing the ref- IN THE HOUSE OF REPRESENTATIVES Department of Defense, a state National uge system rather than maintaining it. Guard and Department of State’s equities are Wednesday, February 13, 2013 What I am suggesting is neither a new or considered in the context of broader program Mr. GOWDY. Mr. Speaker I submit the fol- radical idea. In fact, under current law, no Ad- goals. Finally, the legislation expands the roles lowing paper on lessons learned from the ministration can create or expand a national

VerDate Mar 15 2010 03:10 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\RECORD13\RECFILES\FEB2013\E13FE3.REC E13FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E141 park, a wilderness area, a national forest, a ning and resulted in the honoring of veterans RECOGNIZING DANIEL C. REESE Wild and Scenic River, a National Heritage both past and present within their community. AND HIS APPOINTMENT TO Area or a National Conservation Area; con- They even worked to preserve the environ- CHAIRMAN OF THE TENNESSEE struct a Bureau of Reclamation Water Recy- ment by cleaning up a staggering eight miles DEPARTMENT OF ENVIRONMENT cling project; modify the Coastal Barrier Re- of the Delaware Canal. AND CONSERVATION COMMIS- sources System; or remove property from the SIONER’S COUNCIL ON GREEN- National Wildlife Refuge System. The House The members of Troop 127 are prime ex- WAYS AND TRAILS Natural Resources Committee routinely con- amples of what it means to be a Boy Scout. siders dozens of these types of bills each They are conscious of country, the values of HON. DAVID P. ROE year. their country, those less fortunate than them- OF TENNESSEE It is also important to note that Congress selves, and of their faith. The members of IN THE HOUSE OF REPRESENTATIVES has legislatively created more than 60 national Troop 127 have shown maturity and are val- Wednesday, February 13, 2013 wildlife refuges throughout the United States. ued members of our community. Becoming a Mr. ROE of Tennessee. Mr. Speaker, today In my own Congressional District, the Red Boy Scout bestows a great level of responsi- River National Wildlife Refuge was established I would like to recognize Mr. Daniel C. Reese bility on the young men who are willing to take by an Act of Congress. In fact, including public of Tennessee’s First District, who has been up Scouting’s values. The community looks to hearings, Committee markups and action in appointed Chairman of the Tennessee Depart- both the House and the Senate, it took exactly the young men of Troop 127 as leaders now ment of Environment and Conservation Com- six months to get this legislation to President and in the years to come. missioner’s Council on Greenways and Trails. Bill Clinton, who signed the bill into law on Oc- I sincerely hope that the scouts of Troop This council is an organization that encour- ages our communities to utilize green spaces, tober 13, 2000. Even by the standards articu- 127 continue down the challenging and re- promotes volunteerism in the community, and lated by the Fish and Wildlife Service, this pe- warding path that the Boy Scouts has to offer. riod of time demonstrated that the Congress works hard to preserve our natural and cul- The Scouts commitment to the betterment of tural resources. Through his efforts on the can act swiftly when there is public support for oneself and the pursuit of something greater the establishment of a specific refuge. council, Dan has set a great example for East are something any young man can benefit Under my bill, all new national wildlife ref- Tennessee. uges established after January 3, 2013 would from. I applaud them on their service accom- A graduate of East Tennessee State Univer- require a Congressional authorization. This bill plishments this past year, extend my best sity, Dan has dedicated his career to working does not affect the existing 560 refuges, nor wishes for their continued success and serv- for the people of the Great State of Ten- does it require that additions to these units ob- ice. nessee. He is a member of the Tennessee tain Congressional approval. This is a modest Department of Transportation Depot Restora- and commonsense solution. It is past time for f tion Demonstration Project, and continues to the Congress to exercise its oversight respon- volunteer his time and expertise to develop sibility before the Fish and Wildlife Service HONORING COLLINS ALAN BEATTY additional green spaces within our community. Mr. Speaker, I commend Daniel for his self- creates huge new financial burdens on tax- less contributions to our state and wish him payers. As the Chairman of the Natural Resources HON. SAM GRAVES the best as he continues to exemplify the Vol- unteer spirit. Subcommittee on Fisheries, Wildlife, Oceans OF MISSOURI and Insular Affairs, I can assure my col- f leagues that there is nothing inherently unique IN THE HOUSE OF REPRESENTATIVES HONORING RAY J. HILLENBRAND or urgent about the establishment of a new Wednesday, February 13, 2013 refuge that requires the Fish and Wildlife Serv- HON. LUKE MESSER ice to unilaterally act on its own, while putting Mr. GRAVES of Missouri. Mr. Speaker, I OF INDIANA our taxpayers on the financial hook for billions proudly pause to recognize Collins Alan IN THE HOUSE OF REPRESENTATIVES in land acquisition costs. Beatty. Collins is a very special young man I urge my colleagues to join in this important Wednesday, February 13, 2013 who has exemplified the finest qualities of citi- effort to protect the taxpayers of the United Mr. MESSER. Mr. Speaker, I rise today to zenship and leadership by taking an active States by cosponsoring the National Wildlife honor the extraordinary accomplishments of Refuge Review Act. part in the Boy Scouts of America, Troop 314, one of my constituents, Ray J. Hillenbrand, f and earning the most prestigious award of chairman of the board of Hillenbrand, Inc. Eagle Scout. headquartered in Batesville, Indiana. IN HONOR OF TROOP 127 Collins has been very active with his troop, Mr. Hillenbrand has been chairperson of the participating in many scout activities. Over the board of Hillenbrand, Inc. since 2008 and pre- viously served as director of Hillenbrand In- HON. MICHAEL G. FITZPATRICK many years Collins has been involved with OF PENNSYLVANIA dustries, the company’s former parent cor- scouting, he has not only earned 36 merit IN THE HOUSE OF REPRESENTATIVES poration, from 1970 to 2008 and as chairman badges, but also the respect of his family, of the board from 2001 to 2006. Mr. Wednesday, February 13, 2013 peers, and community. Most notably, Collins Hillenbrand was employed by and active for Mr. FITZPATRICK. Mr. Speaker, I rise today has led his troop in various positions including 19 years in the management of Hillenbrand In- to congratulate the outstanding community Assistant Patrol Leader, has earned the rank dustries prior to his resignation as senior vice service efforts of Boy Scout Troop 127 of the of Brave in the Tribe of Mic–O–Say and is an president and member of the office of the Riegelsville, Bucks County Council, Pennsyl- Arrowman in the Order of the Arrow. Collins president in 1977. On February 27, 2013, Ray vania. has also contributed to his community through will retire from his duties leading the strategic As a father of three boys who are involved his Eagle Scout project. Collins removed old vision of the company as chairman. in Scouting and as an Eagle Scout myself, I For more than a century, the Hillenbrand landscaping and planted new shrubs along a understand the principles and values that companies have served as a staple in the In- scouting has to offer. In 2012 alone, Troop walking trail at Chinn Elementary in Kansas diana and American corporate landscape, 127 has accomplished a number of activities City, Missouri. premiering innovative products in the funeral that embody that embody what it means to be Mr. Speaker, I proudly ask you to join me in services, medical, and engineering industries. a Scout. commending Collins Alan Beatty for his ac- Ray’s leadership has been a vital part of that Some notable examples of service in the complishments with the Boy Scouts of Amer- success. last year include: Reaching out to help others ica and for his efforts put forth in achieving the Ray Hillenbrand will forever be a friend and during the hardship that took place after Hurri- inspiration to people across the Hoosier state. highest distinction of Eagle Scout. cane Sandy by assisting the American Red I ask the entire 6th Congressional District to Cross for two days at Palisades High School join me in thanking Ray for his excellent serv- shelter. They honored their country by assist- ice to his business and community and in con- ing with the Eagle Scout project of Brandon gratulations for his successful tenure as chair- Youpa, a project that was two years in plan- man of the board of Hillenbrand, Inc.

VerDate Mar 15 2010 03:10 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\RECORD13\RECFILES\FEB2013\E13FE3.REC E13FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE E142 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2013 TRIBUTE TO ROBERT L. CORBIN HONORING JAMES ALLEN BIBENS sports moments of the last half century; the Rockets championships in the ’90s and the HON. SAM GRAVES Love Ya blue oilers in the 70s just to name a HON. MICHAEL R. TURNER OF MISSOURI few. I spent many nights after supper watching OF OHIO IN THE HOUSE OF REPRESENTATIVES his sports casts after the Oilers and Astros games with my son Kurt. Bob has told the Wednesday, February 13, 2013 IN THE HOUSE OF REPRESENTATIVES story of sports to generations of Houstonians. Wednesday, February 13, 2013 Mr. GRAVES of Missouri. Mr. Speaker, I He has interviewed some of the greatest proudly pause to recognize James Allen sports legends, including Nolan Ryan, Stan Mr. TURNER of Ohio. Mr. Speaker, I am Bibens. James is a very special young man ‘‘the Man’’ Musial and George Foreman. Bob honored to pay tribute to a respected commu- who has exemplified the finest qualities of citi- even tested out his acting skills with roles in nity leader and a dear friend from my congres- zenship and leadership by taking an active the ABC TV movie Murder at the World Series sional district, Mr. Robert L. Corbin. He is part part in the Boy Scouts of America, Troop 314, in 1977, and another sports mystery thriller, of our ‘‘Greatest Generation’’ who fought in and earning the most prestigious award of Night Game, in ’89. He played a sportscaster the Second World War—an ordinary American Eagle Scout. and an announcer for the Houston Astros, of who did extraordinary things to serve our James has been very active with his troop, course. country and protect the freedom we cherish participating in many scout activities. Over the Bob has also given back to the Houston today. many years James has been involved with community in other ways through his chari- scouting, he has not only earned 36 merit As a young man, Bob answered his coun- table work with the Special Olympics and the badges, but also the respect of his family, try’s call to duty, at a time when his fellow Sunshine Kids, which helps children struggling peers, and community. Most notably, James countrymen needed him the most. He enlisted with cancer. His commitment to service has led his troop in various positions including in the U.S. Army in 1942, and was deployed earned him recognition from the Special Olym- Patrol Leader, has earned the rank of Brave in to Europe, assigned to the 84th Infantry Divi- pics, who awarded him the Spirit of Special the Tribe of Mic–O–Say and is a Brotherhood sion. Bob was a 22–year-old Army second Olympics award. Member in the Order of the Arrow. James has lieutenant when he was captured by the Ger- Bob’s departure from KTRK marks the end also contributed to his community through his mans and sent to a POW camp for American of an era for Houston but it also marks a new Eagle Scout project. James designed and con- officers in Poland. After escaping during a beginning for Bob. He dedicated forty years to structed a large cook box for food storage and botched rescue attempt from the Stalag 13 a fantastic career in sports broadcasting. Now cooking utensils for campers at Heartland POW camp, Bob and two other offices en- that this chapter is over, he’s looking forward Presbyterian Center in Parkville, Missouri. dured nine harsh winter nights on the run, to to pursuing new projects. He insists that he is Mr. Speaker, I proudly ask you to join me in avoid recapture. He wrote a novel chronicling resigning, not retiring. He won’t stop, that’s commending James Allen Bibens for his ac- his experiences as a prisoner of war titled, just the kind of guy he is. When asked about complishments with the Boy Scouts of Amer- ‘‘Captured! The POW Saga of Frank Battle.’’ his future he said ‘‘I’ll probably end up being ica and for his efforts put forth in achieving the Looking back on this experience, Bob said: ‘‘I busier than I was at 13.’’ I don’t doubt that one highest distinction of Eagle Scout. absolutely believe that a number of times God, bit. He plans to start a media company that in- or a divine being, was looking over our shoul- f cludes public speaking engagements and ders because the difference between life and BOB ALLEN—A KTRK LEGEND radio, and he will write a book about working death was whether we took the left trail in the on TV with some of the world’s greatest ath- woods or the right trail in the woods.’’ letes. Bob is a credit to the broadcasting pro- HON. TED POE fession and a credit to Texas. We will miss After his return home, Bob contributed gen- OF TEXAS him in our homes but wish him well on his erous amounts of his time and energy to bet- IN THE HOUSE OF REPRESENTATIVES next adventure. Congratulations, Bob, on a ter our community. He earned a bachelor’s de- Wednesday, February 13, 2013 fantastic career. And that’s just the way it is. gree in business administration from Otterbein Mr. POE of Texas. Mr. Speaker, today I’m College, and entered the food service industry. f He became CEO of Foodcraft Management honored to recognize a Houston legend, Bob Allen who recently signed off from the sports Company, and served as president of the SENATE COMMITTEE MEETINGS Ohio Restaurant Association and the Miami desk at KTRK Channel 13 after nearly forty Valley Restaurant Association. He served for years. Bob’s last broadcast was Thursday, Title IV of Senate Resolution 4, 24 years in the Ohio State House of Rep- January 17th after the Houston Texans’ closed agreed to by the Senate of February 4, resentatives, from 1977 to 2001. As chair of their electric 2012 season. The timing of his 1977, calls for establishment of a sys- both the Commerce Committee and the Labor exit was no coincidence; he had high hopes of tem for a computerized schedule of all and Finance Committee, Bob earned a reputa- a Super bowl for the Texans just like the rest meetings and hearings of Senate com- tion as a voice of reason and fairness. of us. Bob has brought sports into our homes mittees, subcommittees, joint commit- for decades. His outstanding career at KTRK tees, and committees of conference. After retiring from the legislature, Bob may have come to an end but for many of us This title requires all such committees served a four-year term as a member of the Houston sports will always be synonymous to notify the Office of the Senate Daily Centerville City Council, where he applied his with Bob Allen. Digest—designated by the Rules Com- wisdom and guidance to help make the city a KRTK hired Bob as a weekend sportscaster mittee—of the time, place and purpose better place to live and raise a family. Bob’s all the way back in 1974, but his passion for of the meetings, when scheduled and career in public service set an example for all sports and the news began long before that. any cancellations or changes in the of us who work to serve our communities and Legend has it that when he was just ten years meetings as they occur. our nation. At age 90, he recently retired as a old, Bob took off on his bike from his West As an additional procedure along member of the Board of Trustees at Sinclair University house to the KTRK studios just to with the computerization of this infor- Community College. Bob and his wife Ede get a peek at the newsroom. In those days mation, the Office of the Senate Daily have been married for 62 years, and he is the Guy Savage was the sportscaster. Young Bob Digest will prepare this information for father of two daughters, Lynn and Carol. was shown the exit that day, but little did they printing in the Extensions of Remarks Bob Corbin is one of the most honorable know that this bright eyed young boy would be section of the CONGRESSIONAL RECORD men it has been my privilege to know. I ask the future face of sports in Houston. on Monday and Wednesday of each my colleagues to join me in paying tribute to After Bob joined KTRK it took just six week. a truly outstanding citizen for his lifetime of months for him to be named sports director. Meetings scheduled for Thursday, service to our country and to the people of And the rest is history. Bob has been in our February 14, 2013 may be found in the Ohio. living rooms through some of the greatest Daily Digest of today’s RECORD.

VerDate Mar 15 2010 03:10 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\E13FE3.REC E13FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE Wednesday, February 13, 2013 Daily Digest Senate approximately 10 a.m., on Thursday, February 14, Chamber Action 2013. Page S718 Routine Proceedings, pages S663–S719 Nominations Confirmed: Senate confirmed the fol- Measures Introduced: Thirty-four bills and five lowing nominations: resolutions were introduced, as follows: S. 290–323, By 88 yeas to 12 nays (Vote No. EX. 20), Wil- S.J. Res. 7, and S. Res. 31–34. Pages S707–08 liam J. Kayatta, Jr., of Maine, to be United States Measures Passed: Circuit Judge for the First Circuit. Black History Month: Senate agreed to S. Res. Pages S668, S672–75 1 Air Force nomination in the rank of general. 31, celebrating Black History Month. Pages S717–18 5 Army nominations in the rank of general. Congratulating North Dakota State University Routine lists in the Air Force, Army, Marine Football Team: Senate agreed to S. Res. 32, con- Corps, and Navy. Pages S692–93, S718–19 gratulating the North Dakota State University foot- ball team for winning the 2012 National Collegiate Nominations Received: Senate received the fol- Athletic Association Division I Football Champion- lowing nominations: ship Subdivision title. Pages S717–18 Richard Cordray, of Ohio, to be Director, Bureau of Consumer Financial Protection for a term of five Emporia State University 150th Anniversary: years. Senate agreed to S. Res. 33, commemorating the Richard F. Griffin, Jr., of the District of Colum- 150th anniversary of Emporia State University. bia, to be a Member of the National Labor Relations Pages S717–18 Board for the term of five years expiring August 27, Kansas State University 150th Anniversary: 2016. Senate agreed to S. Res. 34, commemorating the Sharon Block, of the District of Columbia, to be 150th anniversary of Kansas State University. a Member of the National Labor Relations Board for Pages S717–18 the term of five years expiring December 16, 2014. Message from the President: Senate received the Karol Virginia Mason, of Georgia, to be an Assist- following message from the President of the United ant Attorney General. States: 11 Navy nominations in the rank of admiral. Transmitting, pursuant to law, a six-month peri- Page S718 odic report on the national emergency with respect Messages from the House: Page S705 to Libya that was originally declared in Executive Order 13566 of February 25, 2011; which was re- Measures Referred: Page S705 ferred to the Committee on Banking, Housing, and Executive Communications: Pages S705—07 Urban Affairs. (PM–3) Pages S704–05 Additional Cosponsors: Pages S708–09 Hagel Nomination—Cloture: Senate began con- Statements on Introduced Bills/Resolutions: sideration of the nomination of Charles Timothy Hagel, of Nebraska, to be Secretary of Defense. Pages S709–17 Pages S680–92 Additional Statements: Pages S701–04 A motion was entered to close further debate on Authorities for Committees to Meet: Page S717 the nomination, and, in accordance with the provi- Privileges of the Floor: Page S717 sions of Rule XXII of the Standing Rules of the Senate, a vote on cloture will occur on Friday, Feb- Record Votes: One record vote was taken today. ruary 15, 2013. Page S680 (Total—20) Page S675 A unanimous-consent agreement was reached pro- Adjournment: Senate convened at 10 a.m. and ad- viding for further consideration of the nomination at journed at 6:46 p.m., until 10 a.m. on Thursday, D99

VerDate Mar 15 2010 05:28 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D13FE3.REC D13FEPT1 smartinez on DSK6TPTVN1PROD with DIGEST D100 CONGRESSIONAL RECORD — DAILY DIGEST February 13, 2013 February 14, 2013. (For Senate’s program, see the re- Lautenberg (Chair), Boxer, Cantwell, Pryor, McCas- marks of the Acting Majority Leader in today’s kill, Klobuchar, Warner, Begich, Blumenthal, Record on page S718.) Schatz, Cowan, Blunt, Wicker, Rubio, Ayotte, Hell- er, Coats, Scott, Cruz, Fischer, and Johnson (WI). Committee Meetings Senators Rockefeller and Thune are ex officio members of each subcommittee. (Committees not listed did not meet) NOMINATION IMPACT OF FEDERAL BUDGET DECISIONS Committee on Finance: Committee concluded a hearing Committee on the Budget: Committee concluded a hear- to examine the nomination of Jacob J. Lew, of New ing to examine the impact of Federal budget deci- York, to be Secretary of the Treasury, after the sions on families and communities, after receiving nominee, who was introduced by Senator Schumer testimony from Gary D. Alexander, Pennsylvania and former Senator Pete Domenici, testified and an- Secretary of Public Welfare, Harrisburg; Robert swered questions in his own behalf. Greenstein, Center on Budget and Policy Priorities, BUSINESS MEETING and Robert L. Woodson, Sr., Center for Neighbor- Committee on Foreign Relations: Committee ordered fa- hood Enterprise, both of Washington, D.C.; Tara vorable reported S. Res. 12, recognizing the third Marks, Ada, Ohio; and Patrick D. Murray, Arling- anniversary of the tragic earthquake in Haiti on Jan- ton, Virginia. uary 12, 2010, honoring those who lost their lives BUSINESS MEETING in that earthquake, and expressing continued soli- darity with the people of Haiti, with an amendment. Committee on Commerce, Science, and Transportation: Also, committee adopted its rules of procedure for Committee ordered favorably reported committee the 113th Congress and announced the following rules, and an original resolution authorizing expendi- subcommittee assignments: tures by the committee during the 113th Congress. Subcommittee on International Operations and Organi- Also, the committee announced the following sub- zations, Human Rights, Democracy, and Global Women’s committee assignments: Issues: Senators Boxer (Chair), Casey, Shaheen, Dur- Subcommittee on Aviation Operations, Safety, and Secu- bin, Kaine, Paul, Rubio, Risch, and Johnson (WI). rity: Senators Cantwell (Chair), Boxer, Nelson, Lau- Subcommittee on East Asian and Pacific Affairs: Sen- tenberg, Pryor, Klobuchar, Warner, Begich, Schatz, ators Cardin (Chair), Boxer, Casey, Udall (NM), Cowan, Ayotte, Wicker, Blunt, Rubio, Heller, Scott, Murphy, Rubio, Johnson (WI), Flake, and McCain. Cruz, Fischer, and Johnson (WI). Subcommittee on Near Eastern and South and Central Subcommittee on Communications, Technology, and the Asian Affairs: Senators Casey (Chair), Boxer, Cardin, Internet: Senators Pryor (Chair), Boxer, Nelson, Cant- Shaheen, Coons, Risch, Rubio, Johnson (WI), and well, Lautenberg, McCaskill, Klobuchar, Warner, McCain. Begich, Blumenthal, Schatz, Cowan, Wicker, Blunt, Subcommittee on African Affairs: Senators Coons Rubio, Ayotte, Heller, Coats, Scott, Cruz, Fischer, (Chair), Cardin, Shaheen, Durbin, Udall (NM), and Johnson (WI). Flake, McCain, Barrasso, and Paul. Subcommittee on Competitiveness, Innovation, and Ex- Subcommittee on Western Hemisphere and Global Nar- port Promotion: Senators Klobuchar (Chair), Pryor, cotics Affairs: Senators Udall (NM) (Chair), Boxer, Warner, Begich, Blumenthal, Cowan, Scott, Blunt, Murphy, Kaine, McCain, Rubio, Barrasso, and Paul. Coats, Fischer, and Johnson (WI). Subcommittee on European Affairs: Senators Murphy Subcommittee on Consumer Protection, Product Safety, (Chair), Casey, Shaheen, Coons, Durbin, Johnson and Insurance: Senators McCaskill (Chair), Boxer, (WI), Risch, Flake, and Barrasso. Pryor, Klobuchar, Blumenthal, Schatz, Cowan, Hell- Subcommittee on International Development and Foreign er, Blunt, Ayotte, Coats, Cruz, and Fischer. Assistance, Economic Affairs, International Environmental Subcommittee on Oceans, Atmosphere, Fisheries, and Protection, and Peace Corps: Senators Kaine (Chair), Coast Guard: Senators Begich (Chair), Nelson, Cant- Coons, Durbin, Udall (NM), Murphy, Barrasso, well, Lautenberg, Blumenthal, Schatz, Cowan, Risch, Flake, and Paul. Rubio, Wicker, Ayotte, Coats, Scott, and Cruz. Senators Menendez and Corker are ex officio members of Subcommittee on Science and Space: Senators Nelson each subcommittee. (Chair), Boxer, Pryor, Klobuchar, Warner, Blumenthal, Cowan, Cruz, Wicker, Rubio, Heller, UNITED STATES POSTAL SERVICE Coats, and Johnson (WI). Committee on Homeland Security and Governmental Af- Subcommittee on Surface Transportation and Merchant fairs: Committee concluded a hearing to examine so- Marine Infrastructure, Safety, and Security: Senators lutions to the crisis facing the United States Postal

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Service, after receiving testimony from Representa- Whitehouse, Baldwin, Isakson, Paul, Hatch, and tives Issa and Cummings; Patrick R. Donahoe, Post- Scott. master General and Chief Executive Officer, United Subcommittee on Primary Health and Aging: Senators States Postal Service; Gene L. Dodaro, Comptroller Sanders (Chair), Mikulski, Hagan, Whitehouse, General of the United States, Government Account- Baldwin, Murphy, Warren, Burr, Roberts, Mur- ability Office; Cliff Guffey, American Postal Work- kowski, Enzi, and Kirk. ers Union, AFL–CIO, Washington, D.C.; Jeanette Senators Harkin and Alexander are ex officio members Dwyer, National Rural Letter Carriers’ Association, of each subcommittee. and Robert Rapoza, National Association of Post- masters of the United States, both of Alexandria, COMPREHENSIVE IMMIGRATION REFORM Virginia; Joel Quadracci, Quad/Graphics, Inc., Sus- sex, Wisconsin; and R. Richard Geddes, American Committee on the Judiciary: Committee concluded a Enterprise Institute for Public Policy Research, hearing to examine comprehensive immigration re- Ithaca, New York. form, after receiving testimony from Janet Napoli- tano, Secretary of Homeland Security; Jose Antonio BUSINESS MEETING Vargas, Define America, New York, New York; and Committee on Health, Education, Labor, and Pensions: Jessica M. Vaughan, Center for Immigration Studies, Committee ordered favorably reported the following Steve Case, Revolution LLC, Chris Crane, American business items: Federation of Government Employees, and Janet An original resolution authorizing expenditures by Murguia, National Council of La Raza, all of Wash- the committee; ington, D.C. H.R. 307, to reauthorize certain programs under the Public Health Service Act and the Federal Food, NOMINATIONS Drug, and Cosmetic Act with respect to public health security and all-hazards preparedness and re- Committee on the Judiciary: Committee concluded a sponse; hearing to examine the nominations of Kenneth S. 252, The Prematurity Research Expansion and John Gonzales, to be United States District Judge Education for Mothers who deliver Infants Early for the District of New Mexico, who was introduced (PREEMIE) Act; by Senators Tom Udall and Heinrich, Michael J. Also, committee adopted its rules during the McShane, to be United States District Judge for the 113th Congress, and announced the following sub- District of Oregon, who was introduced by Senators committee assignments: Wyden and Merkley, and Nitza I. Quinones Subcommittee on Children and Families: Senators Alejandro, Luis Felipe Restrepo, and Jeffrey L. Hagan (Chair), Mikulski, Murray, Sanders, Casey. Schmehl, all to be a United States District Judge for Franken, Bennet, Murphy, Warren, Enzi, Kirk, Burr, the Eastern District of Pennsylvania, who were intro- Isakson, Paul, Hatch, and Roberts. duced by Senators Casey and Toomey, after the Subcommittee on Employment and Workplace Safety: nominees testified and answered questions in their Senators Casey (Chair), Murray, Franken, Bennet, own behalf. h House of Representatives justment for Federal employees, and for other pur- Chamber Action poses (H. Rept. 113–9). Pages H498–99 Public Bills and Resolutions Introduced: 58 pub- Speaker: Read a letter from the Speaker wherein he lic bills, H.R. 624–681; 1 private bill, H.R. 682; appointed Representative Collins (GA) to act as and 9 resolutions, H.J. Res. 27–28; H. Con. Res. Speaker pro tempore for today. Page H457 13–14 and H. Res. 64–68 were introduced. Recess: The House recessed at 10:50 a.m. and re- Pages H499–H504 convened at 12 noon. Page H462 Additional Cosponsors: Page H504 Chaplain: The prayer was offered by the guest chap- Reports Filed: A report was filed today as follows: lain, Archbishop Emeritus John Quinn, Diocese of H. Res. 66, providing for consideration of the bill San Francisco, San Francisco, California. (H.R. 273) to eliminate the 2013 statutory pay ad- Pages H462–63

VerDate Mar 15 2010 05:28 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D13FE3.REC D13FEPT1 smartinez on DSK6TPTVN1PROD with DIGEST D102 CONGRESSIONAL RECORD — DAILY DIGEST February 13, 2013 Suspension: The House agreed to suspend the rules and pass the following measure: Committee Meetings Federal Disaster Assistance Nonprofit Fairness BUSINESS MEETING Act of 2013: H.R. 592, to amend the Robert T. Committee on Agriculture: Full Committee held a busi- Stafford Disaster Relief and Emergency Assistance ness meeting to consider oversight plan of the Com- Act to clarify that houses of worship are eligible for mittee on Agriculture for the 113th Congress and certain disaster relief and emergency assistance on other organizational matters. The Committee ap- terms equal to other eligible private nonprofit facili- proved its Oversight Plan and Committee Rules for ties, by a 2⁄3 yea-and-nay vote of 354 yeas to 72 the 113th Congress. nays, Roll No. 39. Pages H465–80 IMPACTS OF A CONTINUING RESOLUTION Suspension—Proceedings Resumed: The House AND SEQUESTRATION ON DEFENSE agreed to suspend the rules and pass the following Committee on Armed Services: Full Committee held a measure which was debated yesterday, February hearing entitled ‘‘Impacts of a Continuing Resolu- 12th: tion and Sequestration on Defense.’’ Testimony was Hydropower Regulatory Efficiency Act of 2013: heard from Ashton Carter, Deputy Secretary of De- H.R. 267, to improve hydropower, by a 2⁄3 yea-and- fense; General Martin Dempsey, USA, Chairman of nay vote of 422 yeas with none voting ‘‘nay’’, Roll the Joint Chiefs of Staff; Raymond T. Odierno, USA No. 40. Page H481 Chief of Staff, U. S. Army; Admiral Jonathan W. Greenert, USN, Chief of Naval Operations, U. S. Committee Elections: The House agreed to H. Res. Navy; General James F. Amos, USMC, Commandant 64, electing Members to certain standing commit- of the Marine Corps, U. S. Marine Corps; and Gen- tees of the House of Representatives. Page H481 eral Frank J. Grass, USARNG, Chief, National Permanent Select Committee on Intelligence— Guard Bureau. Appointment: The Chair announced that the Speak- PERSPECTIVES ON THE FUTURE er’s appointment of members of the Permanent Se- NATIONAL SECURITY ENVIRONMENT: lect Committee on Intelligence on February 8, 2013 TECHNOLOGICAL, GEOPOLITICAL AND is made notwithstanding the requirement of clause ECONOMIC TRENDS AFFECTING THE 11(a)(4)(A) of rule X; and the Speaker’s appoint- DEFENSE STRATEGIC GUIDANCE ment, pursuant to clause 11 of rule X, clause 11 of rule I, and the order of the House of January 3, Committee on Armed Services: Subcommittee on Intel- 2013, and notwithstanding the requirement of clause ligence, Emerging Threats and Capabilities held a 11(a)(1)(C) of rule X, of the following Members of hearing entitled ‘‘Perspectives on the Future Na- the House to the Permanent Select Committee on tional Security Environment: Technological, Geo- Intelligence: Representatives Thompson (CA), Scha- political and Economic Trends Affecting the Defense kowsky, Langevin, Schiff, Gutierrez, Pastor (AZ), Strategic Guidance’’. Testimony was heard from pub- and Himes. Subsequently, the Chair additionally ap- lic witnesses. pointed Representative Sewell pursuant to a unani- CONGRESSIONAL BUDGET OFFICE’S mous consent request. Pages H497–98 BUDGET AND ECONOMIC OUTLOOK Recess: The House recessed at 4:13 p.m. and recon- Committee on the Budget: Full Committee held a hear- vened at 7:19 p.m. Pages H497–98 ing entitled ‘‘The Congressional Budget Office’s Presidential Message: Read a message from the Budget and Economic Outlook’’. Testimony was President wherein he notified Congress that the na- heard from Douglas W. Elmendorf, Director, Con- tional emergency declared in Executive Order 13566 gressional Budget Office. of February 25, 2011 with respect to Libya is to Committee on Education and the Workforce: Sub- continue in effect beyond February 25, 2013—re- committee on Health, Employment, Labor and Pen- ferred to the Committee on Foreign Affairs and or- sions held a hearing entitled ‘‘The Future of the dered to be printed (H. Doc. 113–9). Page H488 NLRB: What Noel Canning vs. NLRB Means for Quorum Calls—Votes: Two yea-and-nay votes de- Workers, Employers, and Unions’’. Testimony was veloped during the proceedings of today and appear heard from public witnesses. on pages H479–80 and H481. There were no INFLUENZA: PERSPECTIVE ON CURRENT quorum calls. SEASON AND UPDATE ON PREPAREDNESS Adjournment: The House met at 10 a.m. and ad- Committee on Energy and Commerce: Subcommittee on journed at 7:21 p.m. Oversight and Investigations held a hearing entitled

VerDate Mar 15 2010 05:28 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D13FE3.REC D13FEPT1 smartinez on DSK6TPTVN1PROD with DIGEST February 13, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D103 ‘‘Influenza: Perspective on Current Season and Up- the chair and ranking minority member of the Com- date on Preparedness’’. Testimony was heard from mittee on Oversight and Government Reform. The Thomas Frieden, MD, MPH, Director, Centers for rule waives all points of order against consideration Disease Control and Prevention, Department of of the bill. The rule provides that the bill shall be Health and Human Service; Jesse L. Goodman, MD, considered as read. The rule waives all points of MPH, Chief Scientist, Food and Drug Administra- order against provisions in the bill. The rule pro- tion, Department of Health and Human Services; vides one motion to recommit. Section 2 provides and Marcia Crosse, PhD, Director, Health Care, that during any recess or adjournment of not more Government Accountability Office. than three days, if in the opinion of the Speaker the SATELLITE VIDEO 101 public interest so warrants, then the Speaker or his designee, after consultation with the Minority Lead- Committee on Energy and Commerce: Subcommittee on er, may reconvene the House at a time other than Communications and Technology held a hearing en- that previously appointed, within the limits of clause titled ‘‘Satellite Video 101’’. Testimony was heard 4, section 5, article I of the Constitution, and notify from Eloise Gore, Associate Bureau Chief, Enforce- Members accordingly. Section 3 provides that it shall ment Bureau, Federal Communications Commission; be in order at any time throughout the legislative and public witnesses day of February 15, 2013, for the Speaker to enter- A LOOK AT THE FEDERAL HOUSING tain motions that the House suspend the rules, as ADMINISTRATION’S 2012 ACTUARIAL though under clause 1 of rule XV, relating to a REPORT measure condemning the government of North Korea and its February 12, 2013 test of a nuclear Committee on Financial Services: Full Committee held device. Section 4 provides that on any legislative day a hearing entitled ‘‘Bailout, Bust, or Much Ado during the period from February 16, 2013 through About Nothing?: A Look at the Federal Housing February 22, 2013 the Journal of the proceedings of Administration’s 2012 Actuarial Report’’. Testimony the previous day shall be considered as approved and was heard from Carol J. Galante, Commissioner and the Chair may at any time declare the House ad- Assistant Secretary for Housing, Federal Housing journed to meet at a date and time, within the lim- Administration. its of clause 4, section 5, article I of the Constitu- NEW PERSPECTIVE ON THREATS TO THE tion. Section 5 provides that the Speaker may ap- HOMELAND point Members to perform the duties of the Chair Committee on Homeland Security: Full Committee held for the duration of the period addressed by section a hearing entitled ‘‘A New Perspective on Threats to 4. Testimony was heard from Representatives the Homeland’’. Testimony was heard from public DeSantis, Hoyer, Jackson Lee, Van Hollen, Bera, and witnesses. Delegate Norton. U.S. DIRECT ASSISTANCE IN AMERICAN ENERGY OUTLOOK: AFGHANISTAN: ENSURING TECHNOLOGY, MARKET, AND POLICY TRANSPARENCY AND ACCOUNTABILITY DRIVERS Committee on Oversight and Government Reform: Sub- Committee on Science, Space, and Technology: Sub- committee on National Security, hearing entitled committee on Energy held a hearing entitled ‘‘Amer- ‘‘U.S. Direct Assistance in Afghanistan: Ensuring ican Energy Outlook: Technology, Market, and Pol- Transparency and Accountability’’. Testimony was icy Drivers’’. Testimony was heard from Adam heard from John F. Sopko, Special Inspector General, Sieminski, Administrator, Energy Information Ad- Afghanistan Reconstruction. ministration, Department of Energy; and public wit- OVERSIGHT PLAN; AND STATUTORY PAY nesses. ADJUSTMENT FOR FEDERAL EMPLOYEES Committee on Small Business: Full Committee, hearing Committee on Rules: Full Committee held a hearing on entitled ‘‘The State of the Small Business Economy’’. H.R. 273, to eliminate the 2013 statutory pay ad- Testimony was heard from public witnesses. justment for Federal employees; and Proposed Over- sight Plan of the Committee on Rules for the 113th FEDERAL ROLE IN AMERICA’S Congress. The Committee adopted the Oversight INFRASTRUCTURE Plan of the Committee on Rules for the 113th Con- Committee on Transportation and Infrastructure: Full gress. The Committee granted, by a record vote of Committee held a hearing entitled ‘‘The Federal 7 to 4, a closed rule for H.R. 273. The rule provides Role in America’s Infrastructure’’. Testimony was one hour of debate equally divided and controlled by heard from public witnesses.

VerDate Mar 15 2010 05:28 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D13FE3.REC D13FEPT1 smartinez on DSK6TPTVN1PROD with DIGEST D104 CONGRESSIONAL RECORD — DAILY DIGEST February 13, 2013 HONORING THE COMMITMENT: lumbia Circuit, Patty Shwartz, of New Jersey, to be OVERCOMING BARRIERS TO QUALITY United States Circuit Judge for the Third Circuit, Pamela MENTAL HEALTH CARE FOR VETERANS Ki Mai Chen, to be United States District Judge for the Eastern District of New York, Katherine Polk Failla, Committee on Veterans’ Affairs: Full Committee held a Analisa Torres, and Nelson Stephen Roman, all to be a hearing entitled ‘‘Honoring the Commitment: Over- United States District Judge for the Southern District of coming Barriers to Quality Mental Health Care for New York, Andrew Patrick Gordon, to be United States Veterans’’. Testimony was heard from Linda District Judge for the District of Nevada, Ketanji Brown Spoonster Schwartz, Commissioner of Veterans’ Af- Jackson, of Maryland, to be United States District Judge fairs, State of Connecticut; Robert A. Petzel, M.D., for the District of Columbia, Raymond P. Moore, to be Under Secretary for Health Veterans, Health Admin- United States District Judge for the District of Colorado, istration, Department of Veterans Affairs; and public Troy L. Nunley, to be United States District Judge for witnesses. the Eastern District of California, Beverly Reid O’Connell, to be United States District Judge for the BUSINESS MEETING Central District of California, Derrick Kahala Watson, to House Permanent Select Committee on Intelligence: Full be United States District Judge for the District of Ha- Committee held a business meeting on Committee waii, Shelly Deckert Dick, to be United States District Organization and Rules. The Committee rules for Judge for the Middle District of Louisiana, William H. Orrick III, of the District of Columbia, to be United the 113th Congress were adopted. States District Judge for the Northern District of Cali- fornia, Mark A. Barnett, of Virginia, and Claire R. Kelly, Joint Meetings of New York, both to be a Judge of the United States No joint committee meetings were held. Court of International Trade, and David Medine, of Maryland, to be Chairman and Member of the Privacy COMMITTEE MEETINGS FOR THURSDAY, and Civil Liberties Oversight Board, 10 a.m., SD–226. FEBRUARY 14, 2013 Select Committee on Intelligence: to hold closed hearings to (Committee meetings are open unless otherwise indicated) examine certain intelligence matters, 2:30 p.m., SH–219. Senate House Committee on Agriculture, Nutrition, and Forestry: organi- Committee on Appropriations: Subcommittee on Energy zational business meeting to consider committee rules, and Water, hearing entitled ‘‘National Nuclear Adminis- and an original resolution authorizing expenditures by the tration (NNSA), Weapons Activities Budget’’, 10 a.m., committee during the 113th Congress; to be immediately 2362–B Rayburn. followed by a hearing to examine drought, fire, and Subcommittee on State, Foreign Operations, and Re- freeze, focusing on the economics of disasters for Amer- lated Programs, hearing entitled ‘‘Embassy Security’’, ica’s agricultural producers, 9:30 a.m., SR–328A. 9:30 a.m., H–140 Capitol. This is a closed hearing. Committee on Appropriations: to hold hearings to examine Committee on Armed Services: Full Committee, hearing the impacts of sequestration, 9:30 a.m., SH–216. entitled ‘‘Framework for Building Partnership Capacity Committee on Armed Services: to hold hearings to examine Programs and Authorities to Meet 21st Century Chal- the nominations of General Lloyd J. Austin III, USA, for lenges’’, 10 a.m., 2118 Rayburn. reappointment to the grade of general and to be Com- Committee on Education and the Workforce: Subcommittee mander, United States Central Command, and General on Early Childhood, Elementary, and Secondary Edu- David M. Rodriguez, USA, for reappointment to the cation, hearing entitled ‘‘Raising the Bar: How Education grade of general and to be Commander, United States Af- Innovation Can Improve Student Achievement’’, 10 a.m., rica Command, both of the Department of Defense, 10 2261 Rayburn. a.m., SD–G50. Subcommittee on Workforce Protections, hearing enti- Committee on Banking, Housing, and Urban Affairs: to tled ‘‘Sequestration: Examining Employers’ WARN Act hold hearings to examine Wall Street reform, focusing on Responsibilities’’, 10 a.m., 2175 Rayburn. oversight of financial stability and consumer and investor Committee on Energy and Commerce: Subcommittee on protections, 10:30 a.m., SD–538. Health, hearing entitled ‘‘SGR: Data, Measures and Mod- Committee on Environment and Public Works: organiza- els; Building a Future Medicare Physician Payment Sys- tional business meeting to consider committee rules, sub- tem’’, 10:15 a.m., 2123 Rayburn. committee assignments, and an original resolution au- Subcommittee on Commerce, Manufacturing, and thorizing expenditures by the committee during the Trade, hearing entitled ‘‘Our Nation of Builders: Manu- 113th Congress, 10 a.m., SD–406. facturing in America’’, 10 a.m., 2322 Rayburn. Committee on Finance: to hold hearings to examine Committee on Financial Services: Full Committee, meeting health insurance exchanges, focusing on a progress report, to adopt the Committee’s Oversight Plan for the 113th 9:30 a.m., SD–215. Congress, 10 a.m., 2128 Rayburn. Committee on the Judiciary: business meeting to consider Committee on Foreign Affairs: Full Committee, hearing the nominations of Caitlin Joan Halligan, of New York, entitled ‘‘The Crisis in Mali: U.S. Interests and the Inter- to be United States Circuit Judge for the District of Co- national Response’’, 10 a.m., 2172 Rayburn.

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Committee on the Judiciary: Full Committee, meeting to Subcommittee on Economic Growth, Job Creation and adopt the Judiciary Committee Oversight Plan for the Regulatory Affairs, hearing entitled ‘‘Unintended Con- 113th Congress, 9:30 a.m., 2141 Rayburn. sequences: Is Government Effectively Addressing the Un- Committee on Natural Resources: Full Committee, hearing employment Crisis?’’, 2 p.m., 2247 Rayburn. entitled ‘‘The Past, Present and Future of the Federal He- Committee on Science, Space, and Technology: Subcommittee lium Program’’; and H.R. 527, the ‘‘Responsible Helium on Environment, hearing entitled ‘‘The State of Environ- Administration and Stewardship Act’’, 10 a.m., 1324 ment: Evaluating Progress and Priorities’’, 10 a.m., 2318 Longworth. Rayburn. Committee on Oversight and Government Reform: Full Com- Subcommittee on Research, hearing entitled ‘‘Applica- mittee, business meeting to approve the Committee Re- tions for Information Technology Research and Develop- port entitled ‘‘Billions of Federal Tax Dollars Wasted An- ment’’, 2 p.m., 2318 Rayburn. nually by New York’s Medicaid Program’’, 10:15 a.m., Committee on Veterans’ Affairs: Subcommittee on Eco- 2154 Rayburn. nomic Opportunity, hearing entitled ‘‘Post 9/11 GI Bill Full Committee, hearing entitled ‘‘Exploring GAO’s Claims Processing Issues’’, 10 a.m., 334 Cannon. High Risk List and Opportunities for Reform’’, 10:30 Committee on Ways and Means: Full Committee, business a.m., 2154 Rayburn. meeting on the Committee’s Oversight Plan for the 113th Congress; and hearing entitled ‘‘Tax Reform and Subcommittee on Energy Policy, Health and Entitle- Charitable Contributions’’, 9:30 a.m., 1100 Longworth. ments, hearing entitled ‘‘The Effects of Rising Energy House Permanent Select Committee on Intelligence: Full Costs on American Families and Employers’’, 1 p.m., Committee, hearing entitled ‘‘Advanced Cyber Threats 2154 Rayburn. Facing Our Nation’’, 10 a.m., HVC–210.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, February 14 10 a.m., Thursday, February 14

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Begin consideration of H.R. ation of the nomination of Charles Timothy Hagel, of 273—To eliminate the 2013 statutory pay adjustment for Nebraska, to be Secretary of Defense. Federal employees (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Fleming, John, La., E140 Petri, Thomas E., Wisc., E136 Gowdy, Trey, S.C., E140 Poe, Ted, Tex., E134, E137, E142 Alexander, Rodney, La.,E133 Graves, Sam, Mo., E135, E136, E137, E138, E139, E140, Roe, David P., Tenn., E141 Andrews, Robert E., N.J., E135 E141, E142 Sablan, Gregorio Kilili Camacho, Northern Mariana Blackburn, Marsha, Tenn., E135, E139 Heck, Joseph J., Nev., E138 Islands, E133 Bordallo, Madeleine Z., Guam, E133, E140 Latham, Tom, Iowa, E134, E135 Schakowsky, Janice D., Ill., E138 Coffman, Mike, Colo., E140 Maloney, Carolyn B., N.Y., E136 Turner, Michael R., Ohio, E142 Courtney, Joe, Conn., E134, E139 Messer, Luke, Ind., E135, E141 Upton, Fred, Mich., E137 Faleomavaega, Eni F.H., American Samoa, E136 Nunes, Devin, Calif., E139 Wolf, Frank R., Va., E137 Fitzpatrick, Michael G., Pa., E141 Perlmutter, Ed, Colo., E134 Young, C.W. Bill, Fla., E133

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