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

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

Vol. 159 WASHINGTON, WEDNESDAY, MAY 15, 2013 No. 68 House of Representatives The House met at 10 a.m. and was cans. I’ll be speaking more about that Because of the sequester, we are at called to order by the Speaker pro tem- from this floor in coming days, as I risk of 70,000 young people kicked off pore (Mr. BROOKS of Alabama). know some of my colleagues will. Head Start; 10,000 teacher jobs at risk f What I find—and I believe most for title I cuts; 4 million fewer Meals Americans find—incomprehensible is on Wheels for seniors; 600,000 women, DESIGNATION OF SPEAKER PRO how this House could waste its time on infants, and children dropped off the TEMPORE such a blatantly partisan vote when rolls; emergency unemployment insur- The SPEAKER pro tempore laid be- the effects of sequestration are having ance cut by 11 percent for 2 million fore the House the following commu- a growing negative effect on our econ- out-of-work Americans; 2,100 fewer nication from the Speaker: omy and on the lives of so many Amer- food-safety inspections. That’s a drop WASHINGTON, DC, ican families. That ought to be our of 18 percent to make sure that our May 15, 2013. focus this week and every week until food is safe. And one-third of combat I hereby appoint the Honorable MO BROOKS we find a solution, Mr. Speaker. air units are grounded. to act as Speaker pro tempore on this day. Speaker BOEHNER has said that this The responsible path forward is for JOHN A. BOEHNER, 37th repeal vote is justified because Democrats and Republicans to work to- Speaker of the House of Representatives. freshman Members have not had an op- gether on a big and balanced approach f portunity to vote on that issue. If that to deficits that restores certainty to our businesses and families. MORNING-HOUR DEBATE is his view, then, by the same rea- soning, he should allow a vote on a bal- Four times Mr. VAN HOLLEN, the ranking member of the Budget Com- The SPEAKER pro tempore. Pursu- anced alternative to the sequester. mittee, has offered an amendment to ant to the order of the House of Janu- Freshmen have not had a chance to the sequester, which would get to the ary 3, 2013, the Chair will now recog- cast their votes on whether to replace same deficit reduction, but in a way nize Members from lists submitted by the entire sequester with a big and bal- that was prioritizing those things that the majority and minority leaders for anced solution to deficits. are important in our country and morning-hour debate. If the House proceeds with a vote on eliminating those that are not, and The Chair will alternate recognition repealing the Affordable Care Act on raising some additional revenues, as between the parties, with each party the grounds that Members deserve an limited to 1 hour and each Member well. opportunity to be on the record on such Not only has that not been consid- other than the majority and minority an important issue, surely, Mr. Speak- leaders and the minority whip limited ered, but the Republicans have refused er, we also ought to have a vote on re- to allow that amendment on the floor. to 5 minutes each, but in no event shall placing the sequester, which we know debate continue beyond 11:50 a.m. Yet we have the 37th time to repeal the is having adverse effects on our econ- health care bill, which is already bene- f omy and on our national security. fiting millions of Americans. It’s not a American families and businesses are SEQUESTRATION responsible use of congressional time. facing greater and greater uncertainty I urge the Speaker and the Repub- The SPEAKER pro tempore. The as the result of the sequester and the lican leader to cancel this repeal vote Chair recognizes the gentleman from unwillingness on the part of Congress and get back to business by allowing us Maryland (Mr. HOYER) for 5 minutes. to take a meaningful, bipartisan action to consider a balanced alternative to Mr. HOYER. Mr. Speaker, this week to stop it. With this uncertainty, busi- the sequester this week. the House will be voting for the 37th nesses have slowed hiring and in some I also urge them to bring to the floor time to repeal the Affordable Care Act. cases have even begun to lay off work- a motion to go to conference on the This vote comes at a time when we ers. budget. My Republican friends pleaded are facing serious and pressing chal- This indiscriminate and irrational for the Senate to pass a budget. The lenges, one of the most important of nature of the sequestration means that Senate passed a budget; we passed a which is the operations of the seques- it’s ill effects will be felt across our budget. Regular order is going to con- ter. That is 37 votes to repeal the Af- economy and society without regard to ference where we could, in fact, come fordable Care Act. our priorities. It also means that none to an agreement on a big and balanced Let us set aside for a moment the im- of us, not one of us in this Chamber, is deal to replace this negatively impact- portant issue of how health reform is immune in our own districts where ing sequester. working and making quality care ac- constituents will see a reduction in There is nothing on the schedule to cessible and affordable for more Ameri- services and dislocation. do that, either to repeal the sequester

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 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A15MY7.000 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2608 CONGRESSIONAL RECORD — HOUSE May 15, 2013 and change it or to go to conference, boundaries, without ethics, and with- was an eyewitness to one of our Na- but a 37th vote that will go nowhere. out a shred of respect for the Constitu- tion’s worst industrial tragedies—the And everybody who knows that to be tion or you. These individuals are some Triangle Shirtwaist factory fire. He re- the case is on the floor this week. How people on some floor of some building counted how he saw girl after girl ap- sad. named after some dude that you’ve pear in the reddened windows, pause f never even heard of messing with your for a terrified moment, and then leap life. to the pavement below, to land as a RETURN THE POWER BACK TO mangled, bloody pulp. He said it went THE PEOPLE b 1010 on for what seemed like a ghastly eter- The SPEAKER pro tempore. The And if you don’t think that wiretaps nity, and described how the firemen’s Chair recognizes the gentleman from or IRS audits are going to hit you, life nets were torn by the impact of Florida (Mr. RADEL) for 5 minutes. think again. Two groups from my home falling bodies. Mr. RADEL. Mr. Speaker, in this in southwest Florida were hit so hard This inferno at a sweatshop garment great country of ours, since our found- by the IRS that they quit. They shut factory in New York City employed ing, we’ve always had a distrust of gov- down their groups. That was it; enough mostly poor, immigrant women. One ernment. And, quite honestly, I think is enough. This is the clearest example hundred forty-six workers died that that’s a healthy thing, most especially of how the government is coming after day because it lacked proper stairways, today as we learn about what both the you to strip away your most basic fire escapes, and managers had locked Department of Justice and IRS have rights. These groups were made up of all of the exits. This tragedy shook our done. hardworking Americans just like you. Nation and led to lifesaving workplace What we are learning is that this is a Their goal: to teach people about the safety reforms. threat to your First Amendment: free- Constitution. Think about that for a A century later, I recently met a dom of speech. And let there be no second. They wanted to teach people young Bangladeshi garment worker question the order of importance. It is about the very document that tells you named Sumi. She, too, jumped from a your very first in your Bill of Rights: you have the right to say what you window of the Tazreen garment fac- freedom of speech. want. They’re now gone. tory. She survived, but 12 of her co- I believe that these rights are so sa- And let’s look at the Department of workers who jumped with her did not. cred, so precious that I’m introducing Justice wiretapping, seizing and prying More than 100 others who never had the the Free Flow of Information Act to into the lives of journalists. I worked opportunity to jump were found inside protect journalists from the prying as a journalist for almost 20 years, liv- of the factory dead. This haunting eyes of this Federal Government. It is ing with what I thought our govern- tragedy has many parallels to the Tri- my hope that Republicans and Demo- ment also believed in—freedom of the angle fire: exit doors were locked; fire crats alike will support this just like press. The freedom to investigate, extinguishers were not working; fire then-Senator Obama did in 2007. share, and speak out on injustice. codes went unenforced. A select few in these agencies rep- And from journalists to partisan pun- We don’t tolerate those workplace resent the worst when it comes to a dits, Rachel Maddow to Bill O’Reilly, conditions in the United States any- heavy-handed government working to they’re coming for you next. Sean more, but those are deadly conditions shut down your basic right to speak Hannity to Chris Hayes, you’ll be that are tolerated in other countries out as an individual or report the news tapped next as you try to shed light on that make the clothing that we wear. as an organization. Now is the time truth, on injustice, or just try and get These tragedies have moved from New that we stand up and say, Our society some answers. York to Bangladesh, driven by the is not about I, the Federal Govern- Where does all of this end? business models and global supply ment; it is about we, the people. And to Well, this is where the so-called far chains of the world’s leading retailers quote my generation’s music from Pub- left and far right need to embrace each and clothing brands. But now Ban- lic Enemy to Rage Against the Ma- other. Whether you are a Tea Partier gladesh has had what might be its own chine: ‘‘We gotta fight the powers that or part of the Occupy movement, this Triangle Shirtwaist fire. be; we gotta take the power back.’’ is about you. Whether you are an evan- On April 24, more than 1,100 people In other words, we need to stand up gelical Christian wanting to share the died as Rana Plaza and its garment fac- and say that we see the abuse from a word of God or an atheist simply ask- tories collapsed. Some 2,000 more were few in Washington and we must return ing for a more secular society, this is injured, and rescuers are still pulling the power back to the people. After all, about you. This is about you—your bodies out 3 weeks later. There have Washington works for you. Not a party. freedom of speech, your ability to ex- been an additional 40 fires, explosions, Not an ideology. Your government— press what you believe in. This is about and other incidents between the elected and unelected—works for you, you. Tazreen fire and the Rana Plaza trage- not against you. Washington insiders should not be dies. It’s simply a matter of time be- But now we clearly see that both the dictating your life. The more it’s about fore there is another one. IRS and the Department of Justice are them, it’s not about you. The more These incidents shocked people working against you, working to stifle, government grows unchecked and un- around the globe and laid bare the need to shut down your God-given right of balanced and out of control, the more for bold action. The lives of 4 million freedom of speech, that freedom often it’s about them and not you. workers in these factories are counting carried out by the press. I believe in you. Stand with me and on bold action. But not everyone has In the United States, we are so let’s take the power back and return been shocked. Major American retail- unique and so powerful because we this government to we the people. I ers and clothing brands have refused to really share a common belief of some promise to stand with you. change the way they conduct business pretty simple things. You should be The SPEAKER pro tempore. Mem- in Bangladesh, the second largest gar- able to speak your mind. Again, it’s bers are reminded to direct their re- ment producer in the world after called ‘‘freedom of speech.’’ And jour- marks to the Chair. China. They are hoping instead that nalists should be able to do their job f the heightened attention will pass and do so without the fear of a heavy- without having to change their busi- handed tyrannical government threat- PROTECT BANGLADESHI FACTORY ness model. That business model pits ening or stifling them. It’s called ‘‘free- WORKERS sweatshop against sweatshop, country dom of the press.’’ The SPEAKER pro tempore. The against country, in a race to the bot- But now we see an entire culture of Chair recognizes the gentleman from tom to rake in billions of dollars in government acting on their own behalf, California (Mr. GEORGE MILLER) for 5 profits while paying as little as 22 not even beholden to an administra- minutes. cents per shirt. tion, party, or even a belief. These are Mr. GEORGE MILLER of California. In Bangladesh, American and inter- rogue agencies that we are talking Mr. Speaker, little more than 100 years national companies flourish in this sys- about, unelected, unchecked, without ago, a New York State assemblyman tem, companies we all know like

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.002 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 15, 2013 CONGRESSIONAL RECORD — HOUSE H2609 Walmart, the Gap, JCPenney, and The On April 24, 2013, Dr. Frank Morris, pact on the wage of native workers who Children’s Place, just to name a few. former executive director of the Con- lack a high school diploma, a group They refuse to accept responsibility. gressional Black Caucus Foundation that makes up a modest . . . share of So what can be done to improve the and now leader for the African Amer- the workforce. These workers are Bangladeshi factory safety? Certainly ican Leadership Foundation, stated, among the poorest Americans.’’ there are things local government can ‘‘The Senate Gang of Eight’s immigra- Who do American workers compete do: address corruption that allows un- tion bill is not only impractical, but against for jobs? Per a 2010 Pew His- safe, dangerous structures; enforce immoral. Increasing immigration lev- panic Center study, 7.8 million illegal safety codes; defend the right of work- els through amnesty and new visa pro- aliens hold jobs in America. That’s 7.8 ers to form unions and to have workers grams, particularly at the low-skilled million job opportunities that would be be able to refuse unsafe work. level, will flood the labor market with opening up for American workers if the The Bangladeshi Government is millions more people, leading to higher President would enforce Federal immi- scrambling to implement limited re- unemployment, more poverty, and a gration laws. forms, hoping to keep the industry lower standard of living for many in The way to help our blue-collar and that is critical to its economy, but the Black community.’’ low-wage workers is not to flood the only the retailers and brands can put a Dr. Morris is right. Amnesty under- market with illegal aliens. The way to floor under this race to the bottom. mines millions of African-American help America’s blue-collar and low- The economic power rests with them. workers’ incomes and job searches by wage workers is by denying American That is why the announcement this flooding the American market with jobs to illegal aliens, thus forcing blue- week by major European companies cheap labor. collar wages up and helping workers and one American company that they In an April 23 news release, the Afri- and their families pursue the American have signed a binding and enforceable can American Leadership Foundation Dream. fire and building safety agreement for stated, ‘‘Blacks have an unemployment Mr. Speaker, we must return Amer- Bangladesh factories is so significant. rate nearly twice that of the national ican jobs to American citizens. The H&M, Zara, Primark, and C&A are to average. The Senate’s immigration White House and Congress should be be applauded for their unprecedented plan to drastically increase the immi- fighting for American jobs for Amer- and bold steps. They have been joined grant workforce will continue to keep ican citizens, not jobs for illegal aliens. by only one American company, Phil- that number high.’’ Mr. Speaker, I cannot, in good con- lips-Van Heusen, which has Calvin Dr. Morris emphasized that illegal science, ratify illegal conduct with my Klein and Tommy Hilfiger among its aliens have huge advantages over vote, and I hope other elected officials brands, and one major German retailer. American job seekers. ‘‘Immigrants are in Washington will represent Ameri- But now El Corte Ingles, Marks & the preferred employees because they cans seeking jobs, not foreigners ille- Spencer, Mango, and Benetton have are more vulnerable, you can cut them gally on American soil. also agreed to sign this enforceable out of overtime, you can cut them out agreement. f of safety measures, you can cut them The agreement provides for inde- THE PARTNERSHIPS FOR ACHIEV- out of anything and they have no re- pendent safety inspections with public ING STUDENT SUCCESS ACT reports, mandatory repairs and renova- course.’’ Charles Butler, also of the African The SPEAKER pro tempore. The tions, money to fund the necessary Chair recognizes the gentlewoman from safety upgrades, the right of workers American Leadership Foundation, added that the amnesty bill would California (Ms. CHU) for 5 minutes. to refuse unsafe work, and the vital Ms. CHU. Last month, Galway Cen- role of workers and unions. This agree- ‘‘provide green cards and residency benefits to illegal aliens when many tral School District in New York con- ment is truly unprecedented. sidered outsourcing the roles of their But where are the other American Americans are hurting the most. What school psychologist and social worker. companies? Where are the American makes sense is for America’s jobs to be After all, budgets are tight, and what retailers? Where are the American reserved for people who are legally en- clothing brands? Where is Walmart? titled to compete for them.’’ harm could come from this? Andrew Huzsar, the district psychol- Where is JCPenney? Where is the Gap? In 2007, T. Willard Fair, president of ogist, and Christine Bornt, the school Where is The Children’s Place? Their the Urban League of Greater Miami silence in the face of this tragedy is in- emphasized that, ‘‘Amnesty for illegal social worker, had already faced an up- excusable. They should sign the bind- workers is not just a slap in the face to hill battle helping their students. Al- ing safety agreement to protect Black Americans. It’s an economic dis- though the district has only 900 chil- Bangladeshi workers. They should sign aster. dren in attendance, Galway is geo- it now. ‘‘I see illegal immigration and the graphically one of the largest school Experts estimate safety improve- adverse impact that it has on the polit- districts in New York State. And as the ments under this plan would cost about ical empowerment of African Ameri- only school psychologist and social a dime a garment. A dime for the life of cans and the impact it has on the job worker, Andrew and Christine strug- these women. market.’’ gled to meet the needs of their students, facing more than double the rec- I urge all Americans to join in de- b 1020 manding that the American retailers ommended ratio of students to mental and fashion brands stop selling their How bad does illegal immigration health professionals across the district. bloodstained labels and sign the en- hurt American workers? An onslaught of letters and testi- forceable agreement to protect these Harvard Professor George Borjas mony soon flooded the Board of Edu- Bangladeshi women. found in a study released in April 2013, cation, as students, parents, and teach- and I quote, ‘‘Illegal immigration reers, alike, protested on Andrew and f duces the wage of native workers by an Christine’s behalf. The board soon re- AMNESTY BILL HARMS estimated $99 to $118 billion a year, and lented to the public outrage, perhaps VULNERABLE WORKERS generates a gain for businesses and thanks to a very moving letter of sup- The SPEAKER pro tempore (Mr. other users of immigrants of $107 to port that Andrew received. This letter HOLDING). The Chair recognizes the $128 billion.’’ was from a young student explaining gentleman from Alabama (Mr. BROOKS) Who is hurt the most by illegal that he would not be alive today if it for 5 minutes. aliens? American workers who lose $99 had not been for Andrew intervening in Mr. BROOKS of Alabama. Mr. Speak- to $118 billion in badly-needed income. his life. This student was not someone er, the President and Senate Gang of Who is helped the most by illegal Andrew saw regularly. They met only Eight amnesty bill is not only bad for aliens? Employers who pad their prof- three times the previous school year. America, it is a disaster for American its to the tune of $107 to $128 billion Mental health counseling is a critical workers who are pitted against mil- when they hire illegal aliens over component for student success. Just lions of illegal aliens in the competi- Americans. Dr. Borjas adds that ‘‘im- three meetings were enough to save tion for scarce jobs. migration has its largest negative im- this student’s life.

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.004 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2610 CONGRESSIONAL RECORD — HOUSE May 15, 2013 As a clinical psychologist, I know Countless governments around the Mr. Speaker, over 360,000 small busi- that there is no budget cut more short- world have come to the conclusion nesses have already used tax credits to sighted than one that stands between that, yes, the Imperial Government of help insure 2 million workers. By the mental health resources and those who Japan did indeed condone this most end of this year, health exchanges will desperately need them. For a student, reprehensible of actions during World be set up making it easier for people that access may be the difference be- War II, along with such brutal violence who don’t have insurance to choose the tween a productive day in class and an as the rape of Nanking. coverage that best suits their needs. act of aggression against themselves or That is why I rise today to condemn Next year, we will happily welcome their peers. In the case of Andrew and the unfortunate remarks of the mayor even more consumer protections. In- that student, it made the difference be- of Osaka, Japan, who, as recently as surance companies will no longer be tween life and death. yesterday, denied the existence of com- able to place lifetime limits on cov- That’s why last week I introduced fort women. The mayor not only ques- erage. Discrimination against pre- the Partnerships for Achieving Student tioned the existence of comfort women, existing conditions will be banned for Success, or PASS, Act. It does more but he sought to justify the use of a all Americans. than ever before to help our Nation’s ‘‘comfort woman system’’ as a means This means that when a woman no- neediest schools ensure that our chil- to boost morale for the military. The tices a lump under her arm, there is no dren have access to the appropriate mayor’s remarks are absolutely out- reason for her to wait until she finds a mental health and student service pro- rageous, and it adds insult to injury for job to schedule an appointment. And fessionals on campus. It creates a Fed- survivors and their families. she doesn’t have to wait to get sicker, eral grant program to help low-income The rise of ultranationalism in Japan costing more of her time off from work school districts recruit, employ, and is very worrisome and, as chairman of and away from her family. Under the retain school counselors, school social the Foreign Affairs Committee, I Affordable Care Act, Mr. Speaker, she workers, school psychologists, and strongly condemn it. knows she can obtain potentially life- other psychologists qualified to work Mr. Speaker, the House went on saving care right away. The same goes in K–12 schools. record in 2007 to express our outrage for her spouse, her parents, and her Galway School District ultimately regarding the forced enslavement of children. Our health care system bene- kept their mental health professionals, 200,000 women during World War II. The fits us by allowing us to make invest- but not every school district has the civilian populations of Korea, China, ments in lower-cost treatments and capacity to do so. By expanding the Taiwan, and the Philippines suffered so prevention now rather than expensive number of school mental health profes- much from the imperialism and aggres- therapies later. sionals in low-income, high-need sion of the Imperial Government of Of course, I know that times are schools, we can effect positive change Japan. tough right now and we have to be even in the lives of students who need it We speak with one voice when we more careful about the mandates we most. That’s why the PASS Act al- speak against grave violations of put on businesses. But my good Repub- ready has the support of the American human rights. It is in America’s inter- lican colleagues seem to forget that Psychological Association, National est that we continue to press for jus- people have to be healthy to contribute Association of School Psychologists, tice and to never forget. to our economic growth. As a Rep- American School Counselor Associa- f resentative of many hardworking fami- tion, and the School Social Work Asso- lies, Mr. Speaker, I have stood here ciation of America. THE AFFORDABLE CARE ACT time and time again over the past few And it is why I take to the floor The SPEAKER pro tempore. The years to extend a hand to anyone who today to encourage my colleagues to Chair recognizes the gentleman from wants to work with me and us to pro- support this bill and improve the aca- Indiana (Mr. CARSON) for 5 minutes. vide quality health care for all Ameri- demic and life success for students Mr. CARSON of Indiana. Mr. Speak- cans. across this country. Together, we can er, this week the House is voting to re- Today, I make that very same offer. make sure that the Andrews of this peal the Affordable Care Act for the I will work gladly with anyone who world are there when their students 37th time. wants to improve our health care sys- need them. In every congressional district, there tem and ensure that all Americans f are seniors, new mothers, young chil- have access to quality and affordable dren, low-income families, and young health care. COMFORT WOMEN adults just starting out on their own. I call on my Republican colleagues to The SPEAKER pro tempore. The Do my good Republican friends really work with us to implement the Afford- Chair recognizes the gentleman from want to take away their chance for able Care Act and start improving it. California (Mr. ROYCE) for 5 minutes. better health? It’s time we all stand together, Mr. Mr. ROYCE. Mr. Speaker, I rise I would never do that to my constitu- Speaker, and start looking out for the today to condemn the systematic and ents, which is why I’m here today, Mr. health of this great Nation. Without it, brutal enslavement of women during Speaker, to say again, I am proud of we have nothing. World War II by the Imperial Govern- my vote for the Affordable Care Act. f ment of Japan. What is known today as ‘‘comfort women’’ is, in reality, a b 1030 POLITICAL BIAS AT EPA state-sponsored program of sexual bru- Recently, I had a chance to spend The SPEAKER pro tempore. The tality against 200,000 women from some time with some Hoosiers across Chair recognizes the gentleman from Korea, China, Taiwan, and the Phil- my district, and I heard again and Kentucky (Mr. WHITFIELD) for 5 min- ippines. again their worry about rising health utes. The fact that women and girls as care costs and their family’s ability to Mr. WHITFIELD. Mr. Speaker, I rise young as 13 years old would be forced access care. Fortunately, millions of today to express in the very strongest into this kind of misery is appalling. It Americans no longer have to worry terms possible my disapproval of a pat- runs counter to every recognized inter- about accessing care because of the Af- tern of conduct of the Obama adminis- national norm against human dignity. fordable Care Act. Instead, more than tration that is of great concern to all Anyone seeking to justify or deny half a million Medicare beneficiaries in of us, a pattern of conduct in which the existence of comfort women is ig- Indiana alone received free preventive this administration rewards its friends noring history. The sheer amount of services in 2012, avoiding more costly and punishes its opponents. evidence regarding this terrible time in illnesses. More than 17 million children Now, when our Founding Fathers history is staggering. Not only are with preexisting conditions nationwide wrote the Constitution many years there documents chronicling the exist- are no longer being denied insurance ago, there were some basic principles ence of comfort women camps, but coverage. More than 100 million Ameri- in that Constitution. One was equal there is also the gut-wrenching testi- cans no longer face lifetime limits on protection under the law, and the other mony of survivors and of eye witnesses. coverage. was protection from discriminatory

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.006 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 15, 2013 CONGRESSIONAL RECORD — HOUSE H2611 practices. Well, we all know about the ACKNOWLEDGING THE END OF voters affirm Puerto Rico’s desire for IRS being accused of going after groups THE CIVIL WAR IN SRI LANKA statehood, the bill provides for the that they disapprove of. The SPEAKER pro tempore. The President to submit legislation to Today and late yesterday afternoon, Chair recognizes the gentleman from admit Puerto Rico as a State after a two more incidents arose that show reasonable transition period. The bill Illinois (DANNY K. DAVIS) for 5 minutes. that this administration is about pun- Mr. DANNY K. DAVIS of Illinois. Mr. also expresses Congress’s commitment ishing their opponents and taking care to act on such legislation. Speaker, I rise today to acknowledge of their friends. The first incident re- Now, I want to speak directly to the the fourth anniversary of the end of volves around the Environmental Pro- men and women who voted for state- tection Agency. There is a system in the civil war in Sri Lanka on May 18, 4 hood in November. Our movement has the Federal Government called the years ago. Although the war has ended become a predominant force in Puerto Freedom of Information Act in which and all of those who care about the Rico. Every day, we grow stronger. individuals, groups, and other entities well-being of this country are indeed Like you, I believe that justice delayed can request of the Federal Government glad and delighted, there remain high is justice denied. And, like you, I find to obtain information about regula- levels of suspicion among many Tamils it difficult to be patient. But we fight tions, things that the Federal Govern- who still feel that they are being de- with our heads as well as our hearts. ment is doing; and if the group asks for nied equal rights, equal protection Perfecting our Union requires passion, a waiver of fees to obtain that informa- under the law, and are being treated as but it also demands perseverance. tion, they can obtain the information second-class citizens. There are no shortcuts on the path to free. A large number of Tamils fled the statehood, and politicians who suggest Well, because of a lawsuit filed by the country, left their homeland, during there are are leading us to a dead end. Competitive Enterprise Institute, we the war; and many have not returned The statehood movement is powerful now find out that EPA routinely grants to their homes. Peace is present, but because we are united by a single prin- fee waivers to its favored left-wing there still exists many hard feelings. ciple, the principle of equality. The No- groups who demand a more intrusive Therefore, I urge that the government vember vote has fortified our spirit and and powerful EPA, but systematically and the Tamil community find as renewed our sense of purpose. We will deny waivers for free information from many ways as possible to promote not shy away from a fight. History any group that EPA disagrees with. In peace and live in harmony with equal- teaches that once a people have chosen fact, the headline says that EPA gives ity, equal justice, and equal protection democracy, self-government and information for free to groups it agrees under the law. Mr. Speaker, I wish the progress, they are unlikely to reverse with 92 percent of the time, but it de- country well on its peaceful coexist- course. Rest assured, now that the peo- nies fee waivers for groups that it dis- ence. ple of Puerto Rico have withdrawn agrees with 93 percent of the time. We f their consent to second-class citizen- cannot afford a government that sys- ship, the question is not whether, but b 1040 tematically goes against groups that it when, Puerto Rico will obtain equality opposes and yet rewards groups that it INTRODUCTION OF PUERTO RICO through statehood. favors. STATUS RESOLUTION ACT To my colleagues who represent I want to give you another example The SPEAKER pro tempore. The States, I know you will respect my that came about yesterday. More than Chair recognizes the gentleman from constituents for seeking the same 573,000 birds are killed by the country’s Puerto Rico (Mr. PIERLUISI) for 5 min- rights and responsibilities as your con- wind farms each year, including 83,000 utes. stituents. This respect must take the hunting birds such as hawks, falcons, Mr. PIERLUISI. Mr. Speaker, today, form of concrete action. The U.S. citi- and eagles. Now, nearly all the birds joined by a bipartisan group of my col- zens of Puerto Rico have made their being killed are protected under the leagues, I am introducing the Puerto choices heard, and they deserve a Federal environmental laws which Rico Status Resolution Act. This bill is meaningful response from their na- prosecutors have used to generate tens a response to the results of a ref- tional government. of millions of dollars of fines and set- There is overwhelming evidence that erendum held in Puerto Rico in Novem- tlements from businesses, including oil territory status has affected Puerto ber. The first question asked voters if and gas companies and electricity gen- Rico’s political, economic, and social they support Puerto Rico’s current ter- erators over the past 5 years. As a mat- development; and it has become clear ritory status, which deprives my con- ter of fact, BP oil company was fined that the status quo does not serve the stituents of the most fundamental $100 million for killing and harming national interest, either. The U.S. suc- democratic rights. Fifty-four percent migratory birds during the 2010 gulf oil ceeds when Puerto Rico succeeds; when spill. And PacifiCorp, which operates said ‘‘no.’’ the island is strong, stable and secure; coal plants in Wyoming, paid more The second question asked voters for and when its residents do not feel obli- than $10.5 million in 2009 for electro- their preference among the three alter- gated to relocate to the States to cuting a number of eagles along power natives to the current territory status. achieve their dreams. From the U.S. lines in its substations. Of those who chose an option, 61 per- perspective, a robust and resilient Yet this administration has never cent favored statehood. More voters State of Puerto Rico would advance fined or prosecuted a wind energy com- said they want Puerto Rico to become the national interest. pany, even those that flout the law re- a State than to maintain the current The position of every President since peatedly. Instead, the government is status, which is unprecedented. Harry Truman has been that their ad- shielding the industry from liability The White House has recognized the ministration would accept whatever and helping to keep the scope of the importance of the results, which is why status choice is made by a majority of deaths secret. the President is seeking an appropria- Puerto Rico’s voters. The U.S. Govern- So there is clearly a double standard tion to conduct the first federally au- ment is a champion of democracy and in this administration. If you kill an thorized vote in Puerto Rico’s history, self-determination around the world, eagle and you happen to be a private intended to ‘‘resolve’’ the territory’s and it must adhere to those principles business or you are a power generator future status. with respect to its own citizens. This is or you’re an oil company or a chemical The legislation I am filing today is essentially true in light of the service company, you’re going to be fined. But consistent with the President’s budget that generations of men and women if you’re a wind energy company, even request and serves as a blueprint for from Puerto Rico have rendered to this though the bird you killed may be pro- how the vote conducted pursuant to Nation, most notably in the Armed tected under the Endangered Species that appropriation could be structured. Forces, but in so many other ways as Act, you’re going to be protected. After outlining the rights and re- well. In a very real sense, Puerto Rico America will not stand for a govern- sponsibilities of statehood, the bill au- has earned the right to be equal, and ment that rewards its friends and pun- thorizes a ratification vote on whether equal we will become. ishes its opponents in this discrimina- Puerto Rico should be admitted into Puerto Rico has been called the shin- tory fashion. the Union as a State. If a majority of ing star of the Caribbean. The time has

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.009 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2612 CONGRESSIONAL RECORD — HOUSE May 15, 2013 come for our star to shine, alongside like criminals? Just because they ques- The SPEAKER pro tempore. Is there the others, on the Flag of the United tion government. objection to the request of the gen- States of America. Mr. Speaker, Catherine is not alone. tleman from North Carolina? The IRS has admitted to systemati- f There was no objection. cally targeting certain groups who The following proceedings were held GOVERNMENT OPPRESSION OF have opposing views from the adminis- before the House convened for morn- PATRIOTS tration. According to USA Today, being-hour debate: The SPEAKER pro tempore. The tween February 2010 and May 2012, only UNITED STATES ASSOCIATION OF FORMER MEM- Chair recognizes the gentleman from one Tea Party group was granted tax- BERS OF CONGRESS 2013 ANNUAL REPORT TO CONGRESS Texas (Mr. POE) for 5 minutes. exempt status from the IRS. But dur- Mr. POE of Texas. Mr. Speaker, early ing that same 2-year period, the IRS The meeting was called to order by last year, I spoke with businesswoman has approved dozens of liberal and pro- the Honorable Barbara Kennelly, vice Catherine Engelbrecht, also founder of gressive groups for their tax-exempt president of Former Members of Con- True the Vote and King Street Patriots status. Coincidence? Yeah, right. gress Association, at 8:05 a.m. Not only does this behavior of the in Houston, Texas. True the Vote is a PRAYER nonpartisan organization whose pur- IRS threaten individual freedom and pose is to train poll workers to uphold violate the Constitution; I think it The Chaplain, the Reverend Patrick voter integrity at the polls, because, may be criminal. It is unlawful for any J. Conroy, offered the following prayer: despite what many say, voter fraud is Federal agency to use its law enforce- Lord God of history, and our salva- rampant in America. King Street Pa- ment and its investigation power as a tion, when former Members return to triots is a group of liberty-minded, pa- means to harass and target certain in- Congress it must be similar to any triotic individuals in Houston who dividuals whose political views differ American opening the Bible or their meet weekly to discuss what’s going on from any administration. It would ap- holy book at random. By doing so, peo- here in Washington. pear that such actions are also in vio- ple of the Book read between the lines, Catherine told me that both of these lation of Federal law and the equal pro- see the story of America, and rejoice. Congress, too, holds old and familiar groups and her family had not only tection and due process protections stories, strong exhortations, repeated been harassed by liberal progressive guaranteed in the Constitution. Private citizens should not be pun- corrections, and consoling confirma- groups but also by the Federal Govern- ished for questioning government. This tion of hopes that speak anew of love, ment. It all began when Catherine ap- is America, not a Third World dictator- patriotism, and light. Looking at Con- plied for nonprofit status in 2010 for ship or the Soviet Union. gress once again, these former Mem- True the Vote and King Street Patri- bers, still Your stewards, hear the ots. So began the tidal wave of govern- b 1050 praise of Psalms, the lament of Job, ment inquiries and harassment. This type of government oppression and are strengthened by the senti- In a recent interview, Catherine said and political opposition is disturbing. ments of Gideon as well as Paul, the this: I’ve written Attorney General Eric commands of Moses and the prayers of We applied for nonprofit status in 2010. Holder to request him to direct the Jesus. Since that time, the IRS has run us through U.S. Office of Special Counsel to inves- As the Good Book binds people into a gauntlet of analysts and hundreds of ques- tigate any potential violation of the tions over and over and over again. They’ve community, You tie together the years Hatch Act that may have occurred by of Congress and make of them a pro- requested to see each and every tweet I’ve IRS employees. I’ve also asked Attor- ever tweeted and each and every Facebook phetic voice that reverences the past, post I’ve ever posted. They’ve asked to know ney General Holder to appoint a special speaks to the present, and holds prom- every place I’ve ever spoken since our incep- prosecutor to investigate all of this. ise for the future. tion, and to whom, and everywhere I intend No government should be requiring May all former Members be rewarded to speak in the future. citizens to furnish their schedules, for their contributions to this constitu- We have learned that the IRS has donor lists, personal communications tional Republic and continue to work even asked these groups, Mr. Speaker, or political beliefs to any government and pray that the goodness and justice for donor lists. agency. No government agency— of this beloved country be proclaimed Mr. Speaker, this level of detail goes whether it’s the IRS, the FBI, the ATF, to the nations. well beyond the business of the IRS, or OSHA—should be used as a tool to Quicken life, promise, and fortitude and it didn’t stop there. The Federal suppress those who are considered ‘‘opin all here gathered that we may bring Government’s snooping included six position groups’’ and dare to question joy to the present age and long for visits by the FBI, as well as multiple our government. eternal happiness, calling upon Your unannounced visits from OSHA and, The IRS is abusing its power to tax holy name, now and forever. yes, even the ATF. Mr. Speaker, you by harassing and punishing those who Amen. may remember the ATF. Those are the have been ‘‘taxed enough already.’’ And that’s just the way it is. PLEDGE OF ALLEGIANCE ones responsible for smuggling guns The Hon. Barbara Kennelly led the into Mexico. How ironic it is they want f Pledge of Allegiance as follows: to audit American citizens but lose RECESS I pledge allegiance to the Flag of the track of guns where they were pur- The SPEAKER pro tempore. Pursu- United States of America, and to the Repub- posely sent to the drug cartels. ant to clause 12(a) of rule I, the Chair lic for which it stands, one nation under God, In any event, in addition to True the declares the House in recess until noon indivisible, with liberty and justice for all. Vote, Catherine and her husband were today. Ms. KENNELLY. The Honorable also personally audited. Keep in mind Accordingly (at 10 o’clock and 50 STENY HOYER will now address us. Catherine and her husband have owned minutes a.m.), the House stood in re- Mr. HOYER. ‘‘Address us’’ overstates a small family business for 20 years and cess. what I’m going to do, but I’m always so have never been audited by the IRS f pleased to be with all of you. And I was until all of this. Why now? It seems kidding on saying that. very coincidental. PRINTING OF PROCEEDINGS OF I want to tell you frankly, on the Re- I asked that question when I sub- FORMER MEMBERS PROGRAM publican side, you guys look so much mitted a FOIA request on behalf of Mr. MCHENRY. Madam Speaker, I better than you did when we served to- True the Vote and King Street Patriots ask unanimous consent that the pro- gether, and we want all of you back on to FBI, OSHA and the ATF asking if ceedings during the former Members our side of the aisle. We’re voting to re- they were under criminal investiga- program be printed in the CONGRES- elect you. tion. The reply from these agencies was SIONAL RECORD and that all Members But I am so pleased to be here with that none of these individuals were and former Members who spoke during all of you. I had the opportunity to say under criminal investigation. Well, if the proceedings have the privilege of just a few words yesterday, but I par- they’re not, why are they being treated revising and extending their remarks. ticularly wanted to be here, and I don’t

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.010 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 15, 2013 CONGRESSIONAL RECORD — HOUSE H2613 see my Republican Speaker here. I Blanchard—Governor Blanchard, Am- Mr. Frost of Texas think some of you know that story. bassador Blanchard, all things Blan- Mr. Gordon of Tennessee Ray LaHood was presiding, and it was chard—is shaking his head. But that Mr. Hertel of Michigan Mr. Hughes of New Jersey the nineties, ’95, early ’95, and I went was a lesson to me, as it should be a Mr. Johnson of Georgia up to Ray. We had about—I forget ex- lesson for all of us, to take people not Mr. Kennedy of Minnesota actly—199 Members at that point in on which side of the aisle they’re on, Ms. Kennelly of Connecticut time. I went to Ray and I said, ‘‘Ray, if not which side of the liberal-conserv- Mr. LaHood of Illinois you can get 20 votes, I will get 199, and ative range they may fall, not on some Mr. Michel of Illinois we’ll elect Bob Michel Speaker.’’ But simplified newspaper story that you Mr. Moore of Kansas we didn’t do that, as you noticed his- read, but on, as King said, the content Ms. Morella of Maryland torically. of their character. Mr. Quinn of New York Mr. Sarasin of Connecticut But I fondly recall with you the days I think the more that we get to know Mr. Tanner of Tennessee when we really did sit down and work one another, the more we understand Mr. Turner of Texas together on a lot of things in a positive why this body really does over the long Mr. Walsh of New York way and get things done for our coun- term work. The only way you can get Mr. Wamp of Tennessee try. We’re not doing that as well this here is be elected by your neighbors, Mr. Zeliff of New Hampshire time, as you know. Ray would tell you and they do pretty well. They’re not Mr. Spratt of South Carolina that, working in the administration, perfect, we’re not perfect, but they do Mr. Largent of Oklahoma but I particularly wanted to be here pretty well, and they elect some really Mr. Blanchard of Michigan Mr. Hochbrueckner of New York this morning. fine people Representatives of their Mr. Pressler of South Dakota I don’t see Bob here. Is Bob coming? districts. Mr. Slattery of Kansas Ms. MORELLA. He is coming. The trick is for all of us to come to- Ms. MORELLA. Thank you all for Mr. HOYER. Okay. Well, he is not gether and work together. Your efforts joining us today. Our association, as here. here, I think, help in that regard. So, you know, was chartered by Congress, I’m a huge fan of Bob Michel’s, but welcome back, and I look forward to and one requirement of that charter is I’m also a huge fan of Ray LaHood’s, seeing you, not just when the former for us to report once a year to Congress and I know you’re honoring Ray today, Members come back. I see Connie all about our activities. Today, therefore, and I want to join with you in honoring the time and Bev all the time, my col- is our opportunity to demonstrate to him. Not only did he serve as a staffer leagues from Maryland. And I saw Jim Congress that creating us over 40 years in the House of Representatives, up- the other day, and we had a good talk. ago wasn’t such a bad idea. holding what we’re not upholding as But come back, visit; and if I can help Before my colleagues and I describe much today, the integrity and the self- in any way, I want to do it, just as I our activities of the past 12 months, I respect of all the Members here, to will want those who succeed me after I want to focus on the second purpose of some degree denigrating this institu- leave to do the same. our meeting here this morning, and tion and Members—I lament that. So, Ray, congratulations to you. that is to bestow our association’s But Ray LaHood, as a staffer and as Thank you very much. And, to all of highest honor on a former Member of a Member of Congress and as a member you, thank you for all you have done Congress whose public service inspires of the President’s Cabinet, has done through the years, and thanks for re- us and who deserves our recognition. some extraordinary work. membering and coming back and help- When you look at Ray LaHood’s public Ray, I want to congratulate you and ing our institution be all that it can service, you understand quickly why he thank you for all the positive roles you be. Thank you very much. have played in moving this country Ms. KENNELLY. Thank you, Leader. was a unanimous choice and an easy forward. We’re going to miss you from And now I would like to present the choice for our board to make. the Cabinet, but we don’t expect to Honorable Connie Morella, president of Ray LaHood has spent his entire pro- miss you from our lives, as so many the Former Members Association. fessional life in service to either his here see. I want to wish you the very Ms. MORELLA. First of all, I want to community or to the country, or to best. thank, on behalf of all of us, STENY both. He was a junior high school Jack tells me he’s now the president HOYER for launching us this morning teacher, he was a member of the Illi- of a community college in New York. I for this 43rd annual meeting that we nois State Legislature, a congressional said, ‘‘Well, are you watching what had. STENY never really saw an aisle. chief of staff, a Member of Congress, we’re doing?’’ He said, ‘‘Not much.’’ He saw issues and compromise, and and now a member of President That’s why he’s got such a happy look that’s what we—the brothers and sis- Obama’s Cabinet. In Congress, he on his face—hear no evil, see no evil, ters who have been here—would like to served on the Transportation Com- speak no evil. see continued. mittee and on the Appropriations Com- Some of you were here when I came So, thank you, Barbara. It is always mittee. During his many years in Con- to the Congress in 1981, and some came a distinct privilege to be back in this gress, Ray LaHood’s approach to legis- with me. I came 5 months after you revered Chamber, and we appreciate lating was characterized by decency, did, Dennis, and just a few months be- the opportunity today to present our reason, civility, and respect. He was a fore Barbara came to the Congress. annual report of the United States As- Member more interested in solutions So I want to say on behalf of all the sociation of Former Members of Con- and debate than politicking and scor- leadership—hopefully on both sides of gress. ing wins. the aisle—I know that’s the case. I’m going to be joined by some of our It is that credibility and integrity And remember, I’m not going to drag colleagues in reporting the activities that made it easy for President Obama my leg, but do you remember John and projects of our organization, but, to appoint him to his Cabinet regard- Rousselot? Does that name ring a bell first of all, I would like to ask the less of party label. We are so pleased with you? Well, when I came to the Clerk to call the roll. that we can recognize his exemplary Congress, John Rousselot probably was The Clerk called the roll of the dedication via our Distinguished Serv- the Member that I had the most nega- former Members of Congress, as fol- ice Award. tive feelings about: John Birch Soci- lows: The inscription on the award reads: ety, et cetera, et cetera, et cetera. Into Mr. Alexander of Arkansas The 2013 Distinguished Service Award is about a year, I got to really think, Mr. Buechner of Missouri presented by the United States Association John Rousselot is not a bad guy at all. Mr. Bustamante of Texas of Former Members of Congress to Secretary I don’t recall whether you recall, but Ms. Byron of Maryland of Transportation Ray LaHood. he used to smile at all of us as if to Mr. Carr of Michigan Ray LaHood’s devotion to public service Mr. Clement of Tennessee has taken many forms and has guided his en- say, Okay, I’ve come over to your side Mr. Coyne of Pennsylvania tire professional life, whether as a teacher, a and now I’m really gonna give it to Mr. DioGuardi of New York congressional staff member, a Representa- you. And he did it with such a twinkle Mr. Edwards of Oklahoma tive, or a member of the President’s Cabinet. in his eye and such a positive. Jim Mr. Ewing of Illinois In all these roles, he always put country

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.012 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2614 CONGRESSIONAL RECORD — HOUSE May 15, 2013 above party and solutions above politics. He Sonny. When we went out for our photo started out with David Skaggs and was the arbitrator when a divisive debate re- and when we were around, we all then with Charlie Stenholm. Our first quired sensible leadership. He would find thought we were pretty important bipartisan retreat included over 200 common ground when compromise seemed until Sonny showed up, and the media Members, over 100 spouses, and over 150 unattainable. Whether as a Member of Con- kind of gravitated towards Sonny. gress or as a member of the Cabinet, Ray kids. That’s the first time that a con- LaHood has distinguished himself as a dedi- While in our first year here, Steve was gressional kid got to meet another con- cated and exemplary public servant, and his actually inducted into the NFL Hall of gressional kid or that a spouse got to former colleagues from both sides of the Fame. Yes, he was a great football meet a spouse, and those friendships aisle salute him. player out in Seattle. So I am grateful have lasted well beyond Congress. Washington, DC, May 15, 2013. for the two of them coming and rep- My friend Jack Quinn, who is here, That is the inscription. resenting our class. he and I were not in the same class, but I am reminded of a statement from I also want to say a word about NICK we became friends, and we had friends Shakespeare: ‘‘the force of his own RAHALL, whom I thought maybe I saw on both sides of the aisle. merit makes his way,’’ and he has here. He might have walked in. He and Look, I’m speaking to the choir here. worked hard and deserves the recogni- I worked on some Lebanon issues to- You all know, and that’s why you’re tion we are about to give him. gether. here—you believe in the House; you be- Later on in our program, we expect Let me just say quickly that this bi- lieve in this organization; you believe that a former leader, Bob Michel, will partisan thing comes very naturally to that this is a place where you can have be coming here to say something about me. The district that I represented was debates. But the bottom line is no Ray LaHood, whom he loved and felt 20 counties in central Illinois. Nine of problem gets solved—no issue ever gets was sort of a mentor, and they’re good those counties were represented by resolved—unless it’s done with com- friends, but he hasn’t arrived yet. I do Abraham Lincoln for one term in this promise, unless it’s done in a bipar- want to commence with giving the House. So it comes naturally. tisan way. award, and then later, when Bob One of my predecessors was Everett You can’t name an issue, big or comes, we will recognize him at what- Dirksen, who went over to serve in the small, that was ever solved unless it Senate, who became minority leader, ever point in the program. was bipartisanship. Not one of us in So I am going to ask Secretary Ray and who helped Lyndon Johnson pass this House, not one of the 435 gets their LaHood to join me here at the dais and the civil rights bill. We’re going to cel- own way, not one of us. accept our association’s 2013 Distin- ebrate the 50th anniversary of the civil Big things get done when people rights bill. Tom Pegram is writing a guished Service Award. work together, and big legislation gets Secretary LaHood, we have also a book about that, and he did a lot of re- passed when people work together. booklet for you, which is here under search on Everett Dirksen. Some of That’s the only way. That’s the for- this award, which I read word for word. you remember Dirksen. He was a fellow mula. I don’t care what anybody says. from central Illinois who did work with The booklet includes letters sent by If you look back on the storied history Johnson in so many ways to pass major former Members and friends for you, of this House any time that you served legislation right after Johnson had saying how great you are. So, when you here, any issue that you dealt with been elected in 1964. need that inspiration, you can just where you could have a spirited debate, Then of course, Bob Michel, whom I people could give great speeches. In the open the book and read those words. It served with as his chief of staff, was end, it was when people came together is a great honor to present this to you, renownedly known for his bipartisan- across the aisle that things got done, Ray. Congratulations to you. ship. During the time that President when big issues got solved. And it’s Mr. LaHOOD. Thank you very much, Reagan served in the White House for 8 Connie, and to the former Members. true today. years, he got a lot of credit for doing a During the time that I’ve had this Thank you so much to the associa- lot of major legislation; but what peo- privilege that President Obama gave tion for this great honor that you do to ple forget is that Bob Michel was the me, we’ve been able to pass a transpor- me, and I know that, when you honor leader for the Republican Party, which tation bill and an FAA bill in a bipar- one former Member, we honor all Mem- was the minority party then, but he tisan way. We’ve been able to do some bers. I am grateful to the association was able to reach across and get some things, but always in a bipartisan way, for all of the work that you do and for Democratic votes in order to get Rea- always with compromise. There is no all of the encouragement that you give gan’s agenda passed. other way under this system that we to people on college campuses, to So this idea of bipartisanship, it’s in have. So to all of you that are gathered young people, through the programs the water in central Illinois. It comes here and honoring me, we honor all of that you carry out year in and year very naturally. It really does. When I you. We honor this association. out, and for the fact that the associa- came here, I came with people like Come on, Mr. Leader. Come on up tion continues to represent former Steve and Zach and others. Some of here. Members and represent what is good our class ran on the idea of turning I know Connie probably wants to in- about having served here. this place upside down and reform and troduce him. I want to say a special word of all of that, and we came here after the They’ve already said a whole bunch thanks to my former Illinois colleague, Republicans had been 40 years out in of nice things about me, Mr. Leader. Tom Ewing, for being here. Tom’s dis- the wilderness as the majority party. I Come on. Come on up here. trict and my district were joined to- came here, really, to use the House of Let’s hear it for our former leader. gether, and we used to fly to Chicago Representatives as a way to solve the Ms. MORELLA. I don’t need to intro- and ride together, and he would give country’s problems and to solve the duce this gentleman. You all know me a ride kind of near my district, and issues and problems in central Illinois. him. But I do want to say that he does we worked together on some very im- I didn’t come here to necessarily turn exemplify what Ray LaHood has said portant issues. the place upside down. I thought the about bipartisanship and drinking the I also want to thank two of the peo- House was a place where you could waters of central Illinois. ple who I came to Congress with in the really solve problems, but it only could The bipartisan spirit in which Bob election of 1994—Zach Wamp from Ten- be done if there were some compromise Michel is held was recently exemplified nessee and Steve Largent from Okla- involved in what we did. That’s the at a 90th birthday party held for him. homa. As you can imagine, when our way that we tried to operate, and I At that birthday party, the Democrats class came, there were 73 Republicans think it’s a good lesson for people to came in, the Republicans came in, and and 13 Democrats, I believe, and the look at. The House really can be a all the former leaders came in. It was a most famous in our class, God rest his place where you solve the Nation’s wonderful opportunity to see how this soul, was Sonny Bono. We all thought problems and issues in your own dis- man is so respected and what he exem- that we were pretty important. You tricts, and that’s the way I always plifies. come with a Hall of Famer like looked at it. As we’ve already given the tribute, Largent and others who were in our I was very proud of the fact that I co- it’s up to you now to say something. He class, but every camera focused on chaired four bipartisan retreats. We gave a great speech.

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.015 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 15, 2013 CONGRESSIONAL RECORD — HOUSE H2615 Mr. LaHOOD. Say a word or two. ranking right under them had to be resentatives belong to the association. Mr. MICHEL. Good morning, every- Ray LaHood in his tenure as Secretary Republicans, Democrats, and Independ- body. Sorry I’m tardy. I thought we of Transportation. ents are united in this organization in started at 9 o’clock, and I went down- He is a guy that really pushed safety. their desire to teach about Congress stairs in the Speaker’s dining room This idea of texting and talking while and the importance of representative there and I thought there would be a you’re driving, boy, he made the case democracy. We’re proud to have been few of you for coffee or something. So with the American public out there, chartered by Congress, and we receive I apologize for my very tardy entrance. and with some of those shady bus oper- no funding from Congress. All the ac- Have we got the cart before the horse ators, when they were running into tivities, which we’re about to describe, here or something? Something is back- trouble, you know, Ray stepped right are financed by our membership dues, ward anyway. But I thank you folks. up there to bat. So I think it’s just a programs, specific grants and sponsors, You may or may not remember that wonderful thing that our organization or via our fundraising dinner. Ray got his start out in Illinois with would, by tradition, name someone of Our finances are sound, our projects former Congressman Tom Railsback. our former group to receive some spe- are fully funded, and our most recent Some of you older folks will remember cial honor and recognition. Whoever audit by an outside accountant came Tom. He was in my local office there, makes the decision in the group these back with a clean bill of financial and then during my tenure as leader, in days, I personally thank you so much health. Not bad, aye? the last 10 years of that leadership because he is my dear friend, and I It’s been a very successful, active, re- role, I had Ray serve as my chief of don’t think we could have made a bet- warding year. We have continued our staff. And I tell you, he kept me out of ter choice then Ray. Congratulations work serving as a liaison between the all trouble. He knew right from wrong, to you. current Congress and legislatures over- and he knew this institution. He loved And since I got things backward, I seas. We have created partnerships to see Members of both sides. I think was going to read the citation as I con- with highly respected institutions in we talked about that a number of cluded. But obviously—— the area of democracy building and times, to get to know everybody on Mr. LaHOOD. Connie read it. election monitoring. We have devel- your side for sure, but don’t be afraid Mr. MICHEL. Oh, she did? Thank oped new projects. We are expanding to cross that aisle and get to know per- you. others. And we, again, sent dozens of sonally as many of the Democratic Again, he prompted me correctly. bipartisan teams of former Members of Members as you possibly can. He did a But in conclusion, thanks everybody. Congress to teach about public service marvelous job doing that. It’s nice to see so many of you here. and representative democracy at uni- So it was kind of natural when I left Mr. LaHOOD. You obviously realize versities and high schools, both in the and retired, he ran for my seat and won why Bob Michel was able to serve for 38 United States and abroad. handily, and during his 14 years of years. He’s just a phenomenal human When this organization was created service was on the Transportation being. He’s loved. over 40 years ago, the former Members Committee and the Appropriations We had a 90th birthday party in our who founded our association envisioned Committee. I thought one of the things hometown of Peoria a couple of weeks this organization to take the lead in that Ray wanted to get done, if he pos- ago, and over 300 people came to Bob’s teaching about Congress and encour- sibly could—he always sought a Demo- 90th birthday party. This is after he aging public service. They were hoping crat or two to join him—was having re- had left office for more than a decade. that former Members could inspire the treats for the newer Members to get to They came because of his service and next generation of America’s leaders. know one another personally and feel the respect that they have for him, and Well, over the years we have created a comfortable in dealing with them. That we had a great day in Peoria honoring number of programs, most importantly was the way, at least with any measure Bob Michel. the Congress to Campus program, to do just that. of success that I might have enjoyed— Again, in honoring Ray LaHood, we We continue to work with our great it came by the fact that you loved to honor all of you and we honor the asso- partner, the Stennis Center for Public ciation. visit with the Members on the other Service Leadership. We thank them for Thank you all for what you’ve done side of the aisle whenever it was pos- their invaluable assistance in admin- to make this institution the great in- sible. Ray did that to the nth degree. istering the Congress to Campus pro- But most important I think for me is stitution that it continues to be, and gram. that he’s got a great moral compass hopefully the few words that we said I now yield to a former president of and he knows right from wrong. I tell about how things really work and how our association, Jack Buechner of Mis- you, that’s guided him during his pub- to get things done will resonate a little souri, who, along with Matt McHugh of lic service time. Those of you who have bit through the hallways here for a mo- New York, cochairs this great program. served, any number of times there are ment or two. I know it won’t be much So, Jack, if you would briefly tell us things that come up in the office once more than a moment, but maybe some- something about it. in a while where you’re thinking, Well, body will pick it up. Mr. BUECHNER. Thank you, Connie. I’m not altogether sure about this. It Thank you to the association. I’m I welcome this opportunity to report may be good; it may not. Ray always deeply honored. And I thank all of on this outstanding program. As most knew the right choice to make. That those who came this morning. God of you know, the Congress to Campus made me feel comfortable. And if I en- bless everybody. program is the flagship operation of joyed any measure of success as leader, Ms. MORELLA. That was a nice be- the former Members. It’s a domestic boy, I owe so much to this guy. ginning of our annual meeting. program, and it also is an international I think that’s what the President saw I’m now privileged to report to Con- program. It energizes and engages in Ray when he decided, after he was gress about the activities of the U.S. former Members from all over to come elected, that he was going to have a Association of Former Members of and join bipartisan teams of former couple of Republicans serve in his ad- Congress since our last meeting in July Members. We go to colleges, univer- ministration. Of course, Bob Gates was of 2012. sities, and even high schools across Secretary of Defense, and then he Our association is bipartisan. You’ve this country, and as I said, around the picked Ray to be his Secretary of heard that over and over again, and world, to educate the next generation Transportation. And with Ray’s experi- you know that as you see the people of leaders about the value of public ence and again that ability to be very who are here and listen to the words service. sociable and likeable, he was a great that have been spoken. It was char- Students benefit from the personal success and was a good ambassador for tered by Congress in 1983, and the pur- interaction with our association mem- the President in that position. pose of the U.S. Association of Former bers, whose knowledge, experience, and I think if we look back over that pe- Members of Congress is to promote accessibility are unique teaching tools. riod of 4 years, that Bob Gates and Hil- public service and strengthen democ- During each visit, our bipartisan teams lary Clinton, yes, were very popular racy abroad and in the United States. lead classes, meet one on one with stu- and well-known, and, boy, I tell you, About 600 former Senators and Rep- dents and faculty, speak to campus

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.016 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2616 CONGRESSIONAL RECORD — HOUSE May 15, 2013 media, participate in campus and com- universities and hundreds of British back to our community and our Na- munity forums, and interact with local students studying foreign policy and tion. citizenry. Institutions are encouraged the United States. Let me tell you, as Thank you very much. to market the visit to the entire cam- a former Republican Member of Con- Ms. MORELLA. Thank you, Jack. pus community, not just to those stu- gress, during the height of the Iraq You’re right, it’s a great way for us to dents majoring in political science, his- war, it was quite a challenge dealing share our experiences and enthusiasm tory, or government. Over the course of with our continental friends. And now with the younger group coming into 21⁄2 days, hundreds of students from all with the advent of ‘‘House of Cards,’’ leadership. areas of academic studies are exposed U.S. version, and I might add the cam- Also, we thank Matt McHugh, your to the former Members’ message of paign with Will Ferrell, there are a lot colleague, for the great job you’ve done public service and civility. The Con- of interesting questions coming from with the program. gress to Campus program has always students about what it is we do and As you may recall, friends, from our interviewed and surveyed the former how we do it. Our former Members ac- last report to Congress, the association Members and the campus contact to tually become quasi-ambassadors on has put some energy and focus into determine how the visit was so our pro- behalf of the United States. They real- this question of bipartisanship and ci- gram can continually improve. ly get to engage with these students. vility in our political discourse. We are This spring semester, the students Recently, we also sent former delega- furthering this important work via the are being surveyed both before and tion Members on Congress to Campus Common Ground Project. The purpose after the visit. That way, we can pro- visits to Turkey. And just last month, of the Common Ground Project is to in- vide a way to determine the impact of former Members Jim Kolbe, Martin volve citizens in a dialogue about the the program on the students. By gath- Lancaster, Lincoln Davis, and Ben issues of the day, have a vigorous de- ering this information, the Congress to Chandler spent 10 days visiting univer- bate that’s both partisan and produc- Campus program can make a clear sities all over Turkey. This great tive, and benefit from the experience of evaluation on what aspects of the pro- project was made possible via a part- respecting a different point of view. gram have the greatest effect, as well nership with the Mid-Atlantic Federa- Some of our existing undertakings as provide tangible data to help find tion of Turkic-American Associations, already fit very nicely with this objec- further funding for the program. and we thank them very much for put- tive, for example, the Congress to Cam- This program has also made a num- ting an extremely productive and, I pus program that Jack Buechner just ber of international visits this aca- might add, busy program together. reported. And to give you more back- demic year, including two visits to the Just a heads-up to my colleagues: ground about the Common Ground United Kingdom, one trip to Turkey, former Member participation in these Project, I invite my colleague from and one to Canada. Domestically, we overseas trips is based on how actively Oklahoma, former Member Mickey had an extremely busy fall semester, you participate in the not-as-glam- Edwards, to share a report. coinciding with the elections. We had orous domestic programs. Thank you, Mickey. 13 visits across the country. The 2012 to Since our last annual meeting, we Mr. EDWARDS. Thank you, Connie. 2013 academic year included visits to have also continued our relationship Now, Pete wrote this talk, and so I the United States Naval Academy, with the People to People programs. want to ad lib a little bit and say that, Palm Beach State College, Suffolk Uni- That’s an organization that provides well, first of all, because it mentions versity, Pepperdine University School hands-on learning opportunities for el- my book, and I didn’t put that in there. of Law, Boston University, Penn State, ementary, middle school, and high But I had the opportunity very re- and the McGovern Center for Public school students visiting Washington, cently to give a speech at Bradley Uni- Service at the University of South Da- D.C. On each visit, former Members versity, and I was so proud to start out kota. meet and speak with students about my talk by saying how honored I was More than 30 former Members par- the importance of public service—again to be in the home of Bob Michel and ticipated during this academic year, pro bono—their personal experiences in Ray LaHood. And it just meant so and I want to thank each of you who Congress, and the value of character much to me to be able to share that donated your time—pro bono—to this and leadership. In the spring of 2013, with them. vital program. I also want to encourage two speaking engagements were held in One quick comment to pick up on our newest former Members and those congressional panel format. The events what Steny had said. One of the things who have not yet had the opportunity take place on the Hill, and not only I mentioned in my book is that every to consider doing so to encourage a feature a former Member as a speaker, place you go to hear a speech, there’s a friend from across the aisle to join you. but also Hill staffers and interns. This lectern, except in this place, where It’s an excellent opportunity to con- gives students the opportunity to learn there’s a separate lectern for Repub- tinue your public service after Con- what it really is like to be in the Con- licans and Democrats. So I would para- gress. gress and work in the Congress. People phrase Ronald Reagan about tearing You can also make a pledge to con- to People visits are often in the middle down this wall. Let’s have one lectern, nect us with a host school, for example of the business day, and we are grateful instead of dividing us into separate your alma mater, a college in your old to those former Members who take teams. district, or the university that your time out of their busy schedules to Everything we do at the Former children or grandchildren are attend- connect with students touring our Na- Members Association is done in a bi- ing. Our staff will then follow-up with tion’s capital. It is greatly appreciated partisan manner. Our leadership is you to make the arrangements. Sharon by them and by the association. comprised equally of Republicans and Witiw runs the program and has all the Finally, I want to say how grateful Democrats, our delegations are led by information you will need. we are to all of those who have made bipartisan teams of former Members of As was mentioned earlier, we have this Congress to Campus program such Congress, and our projects involve both continued our excellent partnership a success in the 36 years it has been in Republicans and Democrats equally. with the Stennis Center for Public existence. We want to strongly encour- We truly are a bipartisan organization Service Leadership in the administra- age you, our friends and colleagues where Members from across the polit- tion of this program. We owe a special here, to participate in the program, ei- ical aisle come together for a common debt of gratitude to Brother Rogers of ther by making a visit to a school or purpose. the Stennis Center for his fine work. by recommending a school to the pro- We have found that, for a number of Our staffs work very closely together gram. As you know, democracy can reasons, this type of bipartisan inter- to make this program such a success. prosper only if its citizens are both inaction has become more and more dif- As I briefly mentioned, the Congress formed and engaged. As former legisla- ficult for current Members, which is a to Campus program has an inter- tors, we have a particular opportunity great concern, I know, to every one of national outreach. On average, we send and responsibility to encourage such us. After we leave the Chamber today, two delegations per year to the United involvement. This program is one of we will participate in a full-day con- Kingdom for one week, with dozens of our association’s best ways to give ference hosted by Senator John

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.018 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 15, 2013 CONGRESSIONAL RECORD — HOUSE H2617 Breaux, where we’ll attempt to analyze Ground Project is all about. So on become together, and they have met with some of the factors that go into today’s half of the organization, I invite my dozens of wounded warriors, many of dysfunctional political discourse. colleagues to become an active partici- whom give ball-striking demonstra- This development has many causes, pant in this important dialogue, and I tions or play in our foursomes, and some of which are beyond the control hope we will continue to have many op- they’re just tremendous young people. of today’s Members. Our association, portunities to reengage the public They have even had double amputees therefore, has created the Common when it comes to their representative included in their numbers who hit fur- Ground Project, with the purpose of government. ther and straighter than a lot of our finding ways in which Democrats and Thank you. Members, certainly much better than I. Republicans can work together. Ms. MORELLA. Thank you, Mickey. And it’s an incredibly humbling, re- We decided to put some thought and We very much value your participa- warding, and memorable experience to effort into a structured program that tion. spend a day in the presence of these in- could serve to foster a more civil and And by the way, it’s a great book, spiring men and women. productive political discourse in this very provocative. I really thought you Last year we had two outstanding country. We hope to reconnect Amer- highlighted some of the very important current Member honorary chairs: Joe ica’s voters with their political process aspects of what’s going on in today’s Baca of California and ANDER CREN- and encourage a respectful and produc- politics and what we need to do about SHAW of Florida. And I want to thank tive debate on the many issues that we it or think about. And I’m saying that them, as well as Ken Kramer, our asso- face. without any cut in royalties. ciation’s cochair, for all they’ve done Mostly, we achieve this outreach by But a great example of how powerful to make our tournament such a suc- working together with some of the and productive bipartisanship can be is cess. many reputable and like-minded orga- our annual Congressional Charity Golf I want to thank Joe Baca, who didn’t nizations across the country that are Classic. It’s chaired by our immediate return for the 113th Congress, for how putting their energy and resources into past president, Dennis Hertel, and by much he did as far as his energy in get- this important topic. One such organi- fellow board member, Ken Kramer of ting Members to play and to go forward zation is the Concord Coalition, and Colorado. with our tournament. we’ve had a number of events where I’m now going to yield the floor to Now we have Congressman MIKE former Members come together with Dennis Hertel of Michigan to give us a MCINTYRE of North Carolina as our either the public or with a university brief report about the Charity Golf Democratic cochair, who’s just been student audience to work our way Classic, which has been so successful. tremendous in being a fusion to get through the Concord Coalition’s excel- Dennis. current Members to play. lent budget simulation. Mr. HERTEL. I want to thank And we’re so fortunate to have JIMMY Another example is our collaboration Madam President Connie for all that DUNCAN from Tennessee, who a lot of with the National Institute for Civil you’re doing for the organization. us served with in the Congress, to be Discourse in Arizona. Together, our And I want to talk about the golf our Republican cochair. There’s just no two organizations connected a bipar- tournament, but the first thing I want better invaluable supporter than JIMMY tisan group of former Members with a to reassure everybody about this tour- DUNCAN getting current Members to bipartisan group of current Members to nament is you don’t have to be Tiger play. have a dialogue about what some of the Woods to play. And I’m probably the I want to thank our sponsors for causes might be that have led to a less best example of somebody who’s not their generous contributions, and par- civil and, therefore, less productive po- really a golfer participating all these ticular thanks to DSUSA and the PGA litical climate. We discussed the role of the media, years in this tournament. for being such steadfast and important It goes back 35 years. Remember, we the influence of campaign fundraising, partners. And PGA wants to take it up the realities of our primaries. This was used to play out at Andrews Air Force another level and get more profes- a very good discussion, and our goal is Base. And Bob Michel, our great leader, sionals to play with us and to partici- to continue this type of interaction, I remember when Bob Michel beat us pate and to become a greater sponsor. while expanding the number of partici- on this floor in 1981, and we still all It’s really an honor for us to help our pating Members. The next step in the liked him on this side of the aisle. Bob Nation’s heroes in this small way. partnership with the Institute for Civil Michel and Tip O’Neill were there for Again, the next tournament is July 22. Discourse is to identify congressional our tournament; and it was a very This tournament can only be successful committees where there may be an op- quiet tournament, a private tour- if our Members, both current and portunity for across-the-aisle collabo- nament at Andrews Air Force base. former, give it their time and atten- ration and interaction. I think we call And then, because they changed the tion. Please let us know if you can that getting back to the regular rules here in the House, and all the play. We would really like to see you order.÷ rest, to attract current Members, but July 22. And our most prominent example of mostly, as our other endeavors to do Ms. MORELLA. Thank you, Dennis. how the Common Ground Project can something for others, we established Ms. KENNELLY. The Chair recog- reconnect citizens with Congress is our this charitable tournament 6 years ago nizes the distinguished Speaker of the partnership with the National Ar- to help the wounded warriors. House, the gentleman from Ohio (Mr. chives. This is now our third year of And with Zach Wamp and others, we BOEHNER). putting programming together at the used to meet in Zach’s office, as co- Mr. BOEHNER. Good morning. Tan- Archives, where we invite a large audi- chair. We got more active Members, ner is giving me this look like, Hey, ence to discuss with a bipartisan group current Members to play. And this year it’s just BOEHNER. Leave him alone. of former Members the issues of the we’ve got over 20 current Members Let me say on behalf of all of my col- day. signed up. Our problem, our former leagues, welcome. Thank you for your We had such an event right after the Members: we only have a handful, so years of service here in this institu- November election to look at the role we really need more of you to partici- tion. Let me congratulate Ray LaHood of money and the role of media in the pate in this to go forward. on being this year’s Distinguished elections. We had another one at the It’s going to be July 22 at the Army- Service Award winner. I’m not sure I National Archives in the spring, based Navy Country Club, so we’ve gone up as would have given it to him, but you all on my own book, ‘‘The Parties Versus far as where we’re playing the tour- did. Just teasing. the People,’’ where we talked about the nament. And they’ve just redone the But, listen, I’m trying to keep this hold that party politics has on our sys- entire club, and it’s fantastic. The institution focused on a couple of sim- tem of government; and we’re hosting courses are new, and the clubhouse is ple things. One is growing the econ- one tonight examining the interaction brand new. It really is beautiful. omy. You all know the economy is not between Congress and the White House. During each of our past tournaments, growing the way it should be. It’s not We can learn a lot from each other, we’ve had dozens of current and former creating jobs as fast as it should be, and that is certainly what the Common Members from both sides of the aisle and wages aren’t going up as quickly.

VerDate Mar 15 2010 04:52 May 16, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.020 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2618 CONGRESSIONAL RECORD — HOUSE May 15, 2013 And so there’s a lot of things that I ful to see you. Maybe good news for So it really is a joy to see each and think we need to continue to do to get you, I’ve lost my voice. I know it will every one of you. I hope your lives are our economy going again. But having be good news for the Speaker, but we’ll very happy. You certainly look well. said that, there are always other see later in the day. There seems to be a good life after Con- things that crop up around here. I join him in welcoming you back to gress, but it brings us such pride to see You’re all familiar with Benghazi, the Capitol. I hope it is always a source so many of you come back to continue and now the Justice Department’s in- of joy to you to set foot on this floor, this bonding. Thank you. It’s an honor vestigation of the Associated Press, this place our Founders decided was to see you. and then the IRS of all things. So in the marketplace of ideas, where we Madam Speaker, how does it feel up spite of trying to keep the institution would compete in the marketplace of there? It feels good, huh? It feels good. focused on what the American people ideas and find common ground to go Welcome, Barbara. Thank you all very are most interested in, we end up also forth. Your legacy is an important one much for being here. having to do our other responsibility, to us. As I look around and see all of Ms. MORELLA. We are very honored which is providing oversight of the ex- you, I see contributions that you have that our minority leader chose to join ecutive branch, and we will do that. made over the years that we still ben- us again to greet us as well as the In addition to that, I continue to be- efit from. Speaker of the House and STENY It’s an honor to be here with Bob lieve and continue to work to make HOYER. this a more open and fairer process for Michel. I think he enjoyed the job of So let’s continue on with our pro- all the Members. If you look over the minority leader more than I do. What gram. We were talking about programs last couple of years, the minority has do you think, Bob? What do you think? that focus on Europe and Asia and gotten more than its fair share of We were all there to celebrate his bringing current Members of Congress birthday recently. It was a bipartisan amendments. If committee chairs and together with their peers and legisla- fiesta, wasn’t it? That was just a cou- others can’t defend their product, it’s tures overseas, which actually helps in ple months ago we celebrated a land- not up to me to protect them. So I’m a terms of what we discussed with people mark birthday. Happy birthday again. big believer that people ought to have knowing each other and therefore find- But all of you, I heard what the their shot. I think my colleagues on ing it easier to work together noting Speaker said about this openness on that they have common objectives. the other side of the aisle would agree the floor, and I thought that was really that I’ve been more than fair in terms We work with the Department of good news, because we’ve been trying State to talk about representative de- of what comes to the floor and how it’s to get a budget to the floor for a very mocracy with audiences overseas. We to be considered. long time but without much success to partner with former parliamentarians So, opening up the process, I believe, allow our budget to come to the floor. from other countries for democracy- is very important because the more So I’m going to take the words that I open process there is on the floor, the strengthening initiatives. This is a just heard to CHRIS VAN HOLLEN and very active outreach to emerging de- more work that the committees have tell him that happy days are here again mocracies. My colleague from Texas, to do to reach across the aisle and and that our amendment will be made Martin Frost, instituted the so-called build bipartisan support for whatever in order in the Rules Committee. proposal they have. Over time, I think Martin, Governor, Bob, all of you, we Frost-Solomon Task Force when he this will break down some of the scar all are on a first-name basis. Last was in Congress, and many of the legis- tissue that’s built up over the years night, rightfully all of you honored the lative-strengthening projects that we around here and be good for the insti- distinguished Secretary, Mr. LaHood. conduct are actually modeled on his tution. He has done a remarkable, remarkable good work. So, I’m just here to say good morning job. We couldn’t be prouder of him as a It is now a pleasure to yield the floor and it’s nice to see all of you. legislator and as a Secretary in the to our friend from Texas, Martin Frost. Spratt, how are you? You’re looking Cabinet even if he had been a Demo- Mr. FROST. Thank you, Connie. good. Don’t have more hair than last crat. He’s just absolutely wonderful. Since we have to be off the floor at 9:30, time I saw you, though. We love him, and he brings bipartisan- I’m going to truncate these remarks a But really, it’s nice to see all of you, ship to all of what we do. And that’s little bit. and welcome back. Thank you. really what is, I think, not to get to a A number of years ago, we created Ms. MORELLA. Thank you, Mr. partisan place, Madam Chair, but is on the International Election Monitors In- Speaker, for sharing those words with the ballot in the next election: biparti- stitute under the leadership of then- us, particularly understanding the sanship. It’s something that is the president Jack Buechner. It is a joint number of issues that are appearing be- most popular concept in politics. Peo- project of the U.S. Association of fore you, the little things that you ple would vote for that in over- Former Members of Congress, the Asso- mention. whelming numbers; and hopefully, in ciation of Former Members of the Eu- I also wanted to thank Dennis for this election, whatever the outcome is, ropean Parliament, and the Canadian what he’s done, too, with the golf tour- bipartisanship will prevail. Association of Former Parliamentar- nament and for his leadership. We’re I always say to people that you can ians. In addition to conducting mul- honored that we, as an association, can win an election, that’s up to the public, tiple workshops for former legislators play a small role in the rehabilitation but the idea has to prevail, and that is to train them for election-monitoring of these amazing men and women who what we’re striving to do here. That’s missions, this group sent delegations are the wounded warriors. what we hope the election will impact. to monitor elections in places such as So as we continue, in addition to the It already did have an impact in the Morocco, Ukraine, and—our most am- domestic programs we have just de- last election with immigration. All of a bitious undertaking—Iraq. The original scribed, our association also has a very sudden, it became an issue near and intent of the International Election active and far-reaching international dear to the hearts of so many more Monitors Institute was to train former focus. We conduct programs that are people in the Congress who never had legislators and prepare them for the focused on Europe and Asia, and we an interest in it before, because when task of observing an election. We have bring current Members of Congress to- the people spoke in such a big way, es- since broadened and expanded this to gether with their peers in legislatures pecially Hispanics, it became a priority focus and are now incorporated as the overseas. for many more people in the Congress. Global Democracy Institute, again in Ms. KENNELLY. The Chair recog- So, again, when all of you were here, partnership with our colleagues from nizes our leader, NANCY PELOSI. we worked in a very, very civil and re- Ottawa and Brussels. Former legisla- Ms. MORELLA. This is an abundance spectful way. We hope that we can re- tors from all political walks of life can of riches, isn’t it? turn to that. But that doesn’t diminish be a tremendous asset to these organi- Ms. PELOSI. Thank you, Madam the contribution that you made in so zations that seek to strengthen democ- Chair. I certainly did not want to take many ways regarding the substance, racy across the globe. the floor from our distinguished col- the values, and the ethics that make In addition to that, this organization league, Connie Morella. It’s so wonder- our country so great. has undertaken a number of trips. I

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.022 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 15, 2013 CONGRESSIONAL RECORD — HOUSE H2619 had the privilege, along with Connie interaction with the U.S. Government memories that just wash over you. I and some other people in this room, to and its officials. This is an invaluable think almost every one of us sat down take part in an exchange in China last opportunity on both sides. For one who together somewhere on the floor and year. This was one of a series of those. has hosted a dinner each year for a talked about business or what was I know that we’re going to be doing number of the individuals, they are going on at home. Fortunately, Jim that again. I encourage you to take very, very sharp, they’re bright, Walsh and I are next-door neighbors in part in these. They are educational. they’re articulate; and we will be look- our offices. I’m glad to see my Ten- For some reason, the people in China ing to them in the future to be leaders nesseans again. We don’t get to see think that former Members of Congress of their country. each other enough, but it’s like we still have some influence, so they treat Our association connects the fellows were just here and again like that con- us very well. It is interesting to learn with former Members who work to- versation just continues. This is, I about the evolution of their particular gether. The former Members act as a think, one more real benefit of the as- democratic process. It’s slow, but I kind of mentor of the young men and sociation, and I’m glad to have a think it’s important that we continue young women through one-on-one chance to join that. to show interest. I think it’s very help- meetings, roundtable discussions, and Pete, many thanks to you for assem- ful for our country. by attending program discussions and bling the really excellent staff that you We have participated in a variety of events. The former Members have a have. They have just a little bitty of- projects in Turkey and in the United great opportunity to expand their un- fice, but they really churn out lots and Kingdom, as well as in Nigeria. I just derstanding of where we are. lots of good work. A part of that good think that when you’re asked as a In an exciting extension to the LFP, work is the Congressional Study former Member to take part in one of at the conclusion of each program, a Groups. these trips, try and find some time to team of former Members completes the We have Congressional Study Groups do it. You will find that you have a lot exchange by then leading a delegation on Germany, Japan, Turkey, and Eu- to offer to emerging democracies to to the region to conduct workshops and rope, the flagship international pro- talk about how our system works. I gain firsthand experience of that area. grams of the Former Members of Con- think it’s very good for us as a country The goal of this program is to seek a gress. The study groups are inde- and an association that we continue better understanding between the cul- pendent, bipartisan legislative ex- this work. tures and establish an avenue of dia- changes for current Members of Con- Connie, you’ve got a couple of other logue between nations. LFP is an un- gress and their senior staff and serve as speakers. I’m going to yield back the precedented opportunity to augment a educational forums and invaluable balance of my time and again thank constructive political and cultural dis- tools for international dialogue with you for what you’ve done for the asso- course between the U.S. and the Middle the goal of creating better under- ciation. East. I am pleased that our association standing and cooperation between the Ms. MORELLA. Thank you. is part of this new, vital program; and United States and its most important I am now going to yield time to my every time has been a wonderful oppor- strategic and economic allies. colleague from Maryland, Beverly tunity to meet with the young people The Congressional Study Group on Byron, to report on some of the other that come. Germany celebrates its 30th anniver- activities of the association. Thank you. sary this year and remains one of the Ms. BYRON. Thank you, Connie. Let Ms. MORELLA. Thank you, Bev, for largest and most active parliamentary me thank Martin for his interest in your leadership and your active in- exchange programs between the United furthering the U.S. Association of volvement in this great program. As a States Congress and the legislative Former Members in the world. former Ambassador, I am acutely branch of another country. Another important international unaware of the power of personal inter- With your permission, Madam Presi- dertaking which involves the Former action and people making a difference dent, I’m going to ask that the remain- Members is our new Middle East fel- to bridge the cultural divide. This is, der of my remarks be made part of the lowship program. Now in its third year, indeed, a great program for our asso- Record—since we’re supposed to be out it brings young professionals from the ciation. of here at 9:30—and just say that these Middle East and from North Africa to Not all of our programs focus exclu- are very good programs. Washington for a 1-month immersion sively on former Members, as you may Our world is becoming smaller. We do program. It is chaired by former Mem- already have discerned. As was men- need allies around the world. And I bers Scott Klug and Larry LaRocco, tioned earlier, we have a number of think by making parliamentarians of and I want to thank them for their projects that benefit from former- other countries and the United States leadership in this program. Member leadership but involve pri- come together, it really is forming In the spring of 2009, the Former marily current Members and their great ties that will benefit us. Members began a partnership with Leg- peers overseas. We call these programs The other thing, I don’t think you acy International, a Virginia-based Congressional Study Groups, and our can be around here and not be a bit of NGO, which has been in existence for 30 focus is on Germany, Turkey, Japan, a junky—political junky, that is. These years, for the Middle East Legislative and Europe as a whole. To give you programs are for the active Members, Fellows Program. Initiated by the De- more background about the Congres- but there are a number of programs partment of State and the Bureau of sional Study Groups, I invite former here in the United States and Wash- Educational and Cultural Affairs, the Member Bart Gordon of Tennessee to ington that allow parliamentarians and LFP hosted young professionals from the dais. others to come together and discuss Egypt, Libya, and Tunisia this spring. Bart, maybe you will give us a syn- the issues of the day, which I think Previous delegations have included opsis. that you will find very interesting and young professionals from Kuwait, Mo- Mr. GORDON. Thank you, Connie, for I hope that you will have a chance to rocco, and Oman. Our guests are in the those kind words, but, more impor- participate in those. D.C. area for a month-long fellowship tantly, thank you for the grace that It gives me great pleasure to report on the working in congressional offices and you show as you lead us. You continue work of The Congressional Study Groups on NGOs. to be our ambassador to the world. Germany, Japan, Turkey and Europe, the flag- The program is designed to promote Ms. MORELLA. You’re so political, ship international programs of FMC. The a positive relationship between the Bart. Study Groups are independent, bipartisan leg- U.S. and the gulf states, which, in light Mr. GORDON. No, no. You know islative exchanges for current Members of of the Arab Spring, is now more vital that’s true. We all know that’s true Congress and their senior staff and serve as than ever. The fellows—candidates here. educational forums and invaluable tools for with strong leadership skills who rep- Let me first say, as I look around and international dialogue with the goal of creating resent the top talent in their fields in see everyone, many of you I spent all of better understanding and cooperation between their countries—have an opportunity my 26 years with, and some a part of the United States and its most important stra- to gain practical experience and direct that. It’s sort of a kaleidoscope of tegic and economic partners.

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 7634 Sfmt 9920 E:\CR\FM\K15MY7.024 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2620 CONGRESSIONAL RECORD — HOUSE May 15, 2013 The Congressional Study Group on Ger- Since its inception, The Congressional Constitution. FMC is grateful to The Mid-Atlan- many celebrates its 30th anniversary this year Study Group on Japan has been funded by tic Federation for Turkic-American Associa- and remains one of the largest and most ac- the Japan-U.S. Friendship Commission, and tions who helped to organize and fund the trip. tive parliamentary exchange programs be- the Association would like to extend a special The Congressional Study Group on Turkey tween the U.S. Congress and the legislative thanks to the Paige Cottingham-Streater and looks forward to organizing a Study Tour for branch of another country. In the 113th Con- Margaret Mihori. Members of Congress to Turkey in the coming gress, Representative TIM RYAN of Ohio and This year, the Study Group also launched a programming year. Representative CHARLIE DENT of Pennsylvania strategic partnership with the Sasakawa At the end of 2011, the Association estab- lead the Study Group on Germany in the Peace Foundation USA. Thanks to the support lished the Congressional Study Group on Eu- House, following on two successful years of of President Junko Chano, Director Takahiro rope, which serves as an outreach to the service by Representative PHIL GINGREY of Nanri, and Senior Fellow Daniel Bob, The broader transatlantic relationship. Program- Georgia and Representative RUSS CARNAHAN Congressional Study Group of Japan has un- ming focuses not just on Brussels and the Eu- of Missouri. In the Senate, Senator JEFF SES- dergone significant revitalization. ropean Union, but capitals throughout Europe. SIONS of Alabama and Senator JEANNE SHA- The Congressional Study Group on Japan is Together, Representative JEFF FORTEN- HEEN of New Hampshire serve as Co-Chairs. also grateful for the support of the Japanese BERRY of Nebraska and Representative PETER The Study Group’s programming consists of business community here in Washington, DC, WELCH of Vermont chair the Study Group in periodic roundtable discussions on Capitol Hill represented by the Study Group’s Business the 113th Congress. These gentlemen follow for Members of Congress featuring visiting Advisory Council. The nine companies of the the successful leadership of the inaugural co- dignitaries from Germany or U.S. government 2013 Council are The Bank of Tokyo- chairs, now-former Congressman Ben Chan- officials. In addition, Annual Seminars are con- Mitsubishi UFJ, Japan Railways-JR Central, dler of Kentucky and Representative CHARLIE ducted abroad and at home, as well as Study Hitachi, Honda, Marubeni, Mitsubishi, Mitsui, DENT of Pennsylvania, who has joined the Tours geared toward senior Congressional Sojitz, and Toyota Motor North America. leadership of The Congressional Study Group staff. This year, the 30th Annual Congress- With this expanded and diversified funding on Germany. Bundestag Seminar brought together a record base, the Study Group has been able to in- The Study Group continues to work closely nine Members of Congress with their counter- crease both the quality and quantity of its pro- with European-focused caucuses and embas- parts in Berlin and Munich for in-depth, sub- gramming. Already in the 113th Congress, the sies to provide Capitol Hill programming. Pro- stantive discussions, including a meeting with Study Group has convened eight events, with gram highlights from the past year include a Chancellor Angela Merkel. plans for many more. Featured speakers have Senior Fellow of the European Council on For- This 30th anniversary of the Seminar was included a senior councilor to the new Prime eign Relations, discussing Franco-German re- particularly special as FMC awarded its first Minister; Ambassador Demetrios Marantis, lations; a delegation from the EU Parliament’s ever International Statesmanship Award to then Deputy U.S. Trade Representative; a del- Economic and Monetary Affairs Committee, Hans-Ulrich Klose, Chair of the Bundestag’s egation from the American Chamber of Com- led by the Committee Chairwoman; and Am- U.S.-German Parliamentary Friendship Group, merce of Japan; and the Chairman of the Jap- bassador Miriam Sapiro, Deputy U.S. Trade ‘‘for his longstanding service to strengthening anese Diet’s Committee on Foreign Affairs. Representative, who addressed the proposed the U.S.-German relationship and in apprecia- The Congressional Study Group on Japan Transatlantic Trade and Investment Partner- tion of his leadership championing The Con- was also honored to convene a roundtable ship just days after it was announced at the gressional Study Group on Germany.’’ Thank discussion at the home of Ambassador Sasae State of the Union. you again, Mr. Klose. earlier this year. Seventeen current Members Finally, this year marks the second year of A few highlights from the Study Group’s do- of Congress participated—including 8 fresh- the Association’s Diplomatic Advisory Council. mestic programming include: a German parlia- man Members—which constitutes the largest Initially envisioned as a sister program to The mentarian at the start of discussions for a delegation from Congress to the Embassy in Congressional Study Group on Europe, the transatlantic free trade agreement last June; recent memory, and shows promise for the fu- Diplomatic Advisory Council now has nearly the Vice-Chancellor of Germany; a roundtable ture strategic U.S.-Japan alliance. 25 Ambassadors who advise and participate in with international journalists providing a unique The Congressional Study Group on Turkey all of our programming. Their interest and analysis of the November 2012 elections; the was founded in 2005, supported by generous commitment to multilateral dialogue is a val- Editor-in-Chief of leading European broad- grants from TEPAV, the Economic Policy Re- ued addition to The Congressional Study caster ZDF; and the State Secretary from the search Foundation of Turkey. Since the Arab Groups. German Federal Ministry of Economics and Spring, there has been increasing interest in As former Members of Congress, we are Technology. bilateral relations with one of our strongest al- proud to bring the important services provided Since its establishment, The Congressional lies in an often unstable region. The Congressional Study Groups to our col- Study Group on Germany has received finan- In the 113th Congress, Representative ED leagues still in office and are proud to play an cial support from The German Marshall Fund WHITFIELD (R–KY) and Representative GERALD active role in our continued international out- of the United States, and we are grateful to CONNOLLY (D–VA) continue leading the Study reach. Craig Kennedy and Maia Comeau. The Asso- Group, and I am happy to share that the past Ms. MORELLA. I want you to know ciation also receives additional funding from a Co-Chairs, VIRGINIA FOXX of North Carolina he has a very extensive report to give group of organizations making up the Study and STEVE COHEN of Tennessee, also remain on the congressional study groups be- Group’s Business Advisory Council. The Study active. cause they’ve been very, very active, Group’s current Business Advisory Council Similar to our other Study Groups, Turkey’s And they involve current Members of members are Airbus Americas, Allianz, BASF, programming consists of periodic roundtable Congress. So you current Members of Daimler, Deutsche Telekom, DHL Americas, discussions on Capitol Hill for Members of Congress who may be watching, please Eli Lilly and Company, Fresenius, Lufthansa, Congress featuring visiting dignitaries from link up with the congressional study RGIT, and Volkswagen. Turkey, U.S. government officials and other groups and you’ll have some great op- Also celebrating a milestone anniversary is experts. A recent highlight from this year was portunities to continue to work over- the Association’s Congressional Study Group our roundtable discussion with the Turkish seas. on Japan, founded in 1993. In the House of Minister for EU Affairs and Chief Negotiator for I appreciate his abbreviating his re- Representatives, Congressman JIM EU Accession. The Study Group also con- port in deference to the time. MCDERMOTT of Washington and Congress- vened programs on the ‘‘Southern Energy Right now I just want to mention to woman SHELLEY MOORE CAPITO of West Vir- Corridor’’ and Secretary Kerry’s first official you—and again, I’m going to be very ginia continue to serve as Co-Chairs in the visit to Turkey. brief—that we have the Statesmanship 113th Congress. In the Senate, Senator LISA Additionally, last month, Former Members Award Dinner. This is one of our major MURKOWSKI of Alaska serves as the Repub- Jim Kolbe of Arizona, Martin Lancaster of ways of raising money. So to tell you lican Co-Chair, and Senator MAZIE HIRONO of North Carolina, Lincoln Davis of Tennessee, something about that as part of our Hawaii—the first Japanese immigrant to serve and Ben Chandler of Kentucky travelled to overall number of activities is our col- in the Senate. The Study Group would also Turkey with FMC’s ‘‘Congress to Campus’’ league, Jim Walsh. like to extend special acknowledgement to its program to meet with Turkish high school and Mr. WALSH. Thank you, Connie. Honorary Co-Chairs, former Speakers Dennis university students to discuss the U.S. presi- Good morning, everyone. I’m pleased to Hastert and Tom Foley, who remain active in dential system, federalism, and the U.S. polit- tell you this is the last report of the our programming. ical process, as well as reforming the Turkish morning prior to our election, which I

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A15MY7.004 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 15, 2013 CONGRESSIONAL RECORD — HOUSE H2621 suspect will go very swiftly and with- zation. I hope that all former Members Sabine Schleidt is our international out controversy. currently in attendance can be counted programs director. She oversees all the I’d like to thank Connie for her gra- upon when Lou Frey picks up the current Member programs, which is so cious leadership. I’d also like to thank phone next summer and gives you a impressive and important. I’m very im- Lou Frey for the remarkable job that call to help recruit you for our dinner. pressed with the kind of work that she he does organizing us and keeping the Thank you very much. has done in her outreach. In less than ducks in a row as we work on this fund- Ms. MORELLA. Thank you, Jim. 2 years, she has created two inter- raiser, which is really key to our suc- All the programs that we have de- national outreaches that are already a cess every year. scribed of course require both leader- big success: the Congressional Study On March 19, the association was ship and staff to implement, and I want Group on Europe; and the Diplomatic proud to host its 16th annual States- to say openly and very enthusiastically Advisory Group, which has about 25 to manship Award Dinner, with almost our association is blessed to have top 30 Ambassadors from the region who 500 guests in attendance. For the 16th people in both categories. are part of it. dinner, we decided to continue the very I want to take this opportunity to Peter Weichlein is the chief execu- successful expansion we initiated last thank our board of directors—30 former tive officer, 14 years with the Associa- year. In addition to our traditional Members divided equally between par- tion, 10 years in top positions, and he Statesmanship Award, we created two ties—for their advice and their counsel. works so darn hard. additional award categories: the Civic We really appreciate it. So I’d like you to give a round of ap- Statesmanship Award and the Cor- The membership is going to vote on plause to the staff. But before you do new board members in just a moment. porate Statesmanship Award. that, I want to add somebody else who You might notice that this year’s slate We continued to present the dinner is such a great communications expert, is larger than in past years. That’s be- under the theme of ‘‘A Salute to Serv- Dava Guerin. She has taken on the role cause at our most recent board meet- ice,’’ and all four of our honorees very of our communications director. She ing we voted to increase the number of clearly fit into that category of out- tells our story, connects us with the directors so that we have open slots standing public service. The focal point media, all at a ridiculously low rate. of the evening was the presentation of available for newer former Members. I want to thank Dava, and I want to Also, I would be remiss if I didn’t the Statesmanship Award, which rec- thank all the staff. thank the other members of the asso- ognizes a former or current Member of Now will you give them a round of ciation’s executive committee: our vice Congress for their devotion to public applause. I wish we had more time for president, Barbara Kennelly, who even- service. We were very pleased to recog- me to tell you more about what they tually will be president. You notice nize the leadership throughout their do, but you will get to know them as we’ll have two women, president and careers of Senator Sam Nunn and Sen- you get more involved with the asso- vice president, et cetera. Just a point ator Dick Lugar as our Statesmanship ciation. of observation. Honorees for their outstanding polit- Now, every year at our annual meet- ical careers, service to our country, Our vice president, Barbara Kennelly; our treasurer, Jim Walsh; our sec- ing, we ask the membership to elect and bipartisan accomplishments that new officers and board members. In the have made the world a safer place. retary, Bill Delahunt; our past president, Dennis Hertel, who has given me past we’ve done so in a separate busi- The Civic Statesmanship Award hon- ness meeting of the membership, but it ors a person or a nonprofit for having a lot of advice and counsel through the year—you’ve all made the association a occurred to us that there is no better made significant improvement to our place for holding a vote than the society. The 2013 recipient was award- stronger and better organization than it’s ever been. Thank you all. Chamber of the House of Representa- winning actor Gary Sinise and the tives. I therefore now read you the Gary Sinise Foundation. Mr. Sinise Now, to administer these programs, it takes a staff of dedicated and enthu- names of the candidates for officers does so much to help wounded warriors and board members. They’re all run- and first responders, and we were very siastic professionals. I’ve often felt, to paraphrase the 23rd Psalm: my rod and ning unopposed. I would have never pleased to honor him at the dinner. known what that was like ever, but I The Corporate Statesmanship Award my staff, they comfort me and prepare do now. I therefore ask for a simple recognizes outstanding corporate citi- the papers for me in the presence of my ‘‘yea’’ or ‘‘nay’’ as I present to you the zenship, and we chose Margery Kraus, constituents. And boy, this staff has founder and chief executive officer of really done that—small staff, a lot of list of candidates as a slate. I’m going APCO Worldwide. Not only has she es- work. to do it quickly because, again, in the tablished a culture of corporate philan- Rachel Haas has joined our associa- interest of time. For the association’s board of direc- thropy with APCO, but she is also one tion as office manager just 6 months tors, the candidates are: of the driving forces behind the Close ago. Already we can’t imagine what we Up Foundation—which many of you ever did without her. Just stand. We’re Russ Carnahan of Missouri not going to have applause for every- Bob Carr of Michigan dealt with when you served here— Bob Clement of Tennessee which brings youngsters from across body. Hold your applause. I just want Jim Courter of New Jersey the country to D.C. to learn about them to stand. Lou Frey of Florida their government. Andrew Shoenig, who is our inter- Bart Gordon of Tennessee I’d also like to take this opportunity national programs officer, does such a Dennis Hertel of Michigan terrific job implementing all the Cap- Jim Jones of Oklahoma to thank Pulitzer Prize-winning col- Scott Klug of Wisconsin umnist Colbert I. King, who was our itol Hill events that you’ve heard Ron Sarasin of Connecticut master of ceremonies and did a fan- about. He started as an intern and has Olympia Snowe of Maine tastic job for the event and lent won- now been with us full-time for over a Cliff Stearns of Florida derful grace to the event. year. Steve LaTourette of Ohio. The evening is a wonderful way to Sharon Witiw, she is our member All in favor of these 13 former Mem- showcase our association and recognize services manager. She takes exception- bers to our board of directors please outstanding public service. In addition, ally good care of our 600 association say ‘‘yea.’’ All opposed? Hearing no ob- the dinner is our financial lifeline. All members and all their various requests, jection, the slate has been elected by the programs you’ve heard about are needs, and inquiries. She is also in the membership. self-financed by your association. Not a charge of the Congress to Campus pro- Next, we will elect our executive single taxpayer dollar is appropriated gram. committee. Barbara Kennelly, Dennis for this organization and for the many We have Meltem Ercan, who is our Hertel, and I are finishing the first projects that we conduct. Therefore, international programs manager, with year of our 2-year term and are there- success of the fundraising dinner trans- particular focus on the wonderful Tur- fore not up for election. The candidates lates directly into success for the asso- key program that you’ve heard about for a 1-year term on our executive com- ciation. and will read about. She served for mittee are Jim Walsh of New York for The evening is a lot of fun, and it’s many years as the head of protocol at treasurer and Bill Delahunt of Massa- also of great importance to the organi- the U.S. Embassy in Ankara. chusetts for secretary. All in favor of

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.027 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2622 CONGRESSIONAL RECORD — HOUSE May 15, 2013 electing these two former Members to Day, of the 123 peace officers who have oughly investigated and those respon- a 1-year term on our executive com- died this past year in the line of duty. sible will be held accountable. mittee, please say ‘‘yea.’’ All opposed? We ask that You grant them eternal In conclusion, God bless our troops, Hearing no opposition, the slate has rest for having paid the ultimate price and we will never forget September the been elected by the membership. in protecting us. 11th in the global war on terrorism. Thank you. Give their families consolation in It is my sad duty to inform the Con- mourning their loss. May they be as- f gress of those former and current Mem- sured that we, as a nation, hold them bers who have passed away since our in our hearts and understand that we SUPPLEMENTAL NUTRITION last report. I ask all of you, including will always be indebted to them. ASSISTANCE PROGRAM the visitors in the gallery, to rise as I May all that is done within the peo- read the names; and at the end of the ple’s House this day be for Your great- (Mrs. BEATTY asked and was given list, we will pay our respect to their er honor and glory. permission to address the House for 1 memory with a moment of silence. We Amen. minute.) Mrs. BEATTY. Mr. Speaker, I rise honor these men and women for their f service to our country. They are: today to denounce the proposed cuts to Jack Brooks of Texas THE JOURNAL the Supplemental Nutrition Assistance Cardiss Collins of Illinois The SPEAKER pro tempore. The Program, known as SNAP, in the David Cornwell of Indiana Chair has examined the Journal of the House farm bill. John Durkin of New Hampshire last day’s proceedings and announces Last week, I had the opportunity to Mervyn Dymally of California to the House his approval thereof. witness a mother feeding her two chil- Joseph Early of Massachusetts dren and giving them a jump-start be- Bob Edgar of Pennsylvania Pursuant to clause 1, rule I, the Jour- nal stands approved. cause of SNAP, and then a young law- Robert Gammage of Texas yer came and talked to us about being Sam Gibbons of Florida f James Grover of New York able to make an investment in this Daniel Inouye of Hawaii PLEDGE OF ALLEGIANCE country because she was assisted. I’m from Ohio, and in Ohio, SNAP Ed Koch of New York The SPEAKER pro tempore. Will the Peter N. Kyros of Maine reaches 16 percent of the State’s popu- gentleman from Texas (Mr. VEASEY) George McGovern of South Dakota lation. Eighty-four percent of the come forward and lead the House in the David O’Brien Martin of New York households receiving SNAP have in- Pledge of Allegiance. Charlie Rose of North Carolina comes below the poverty line. SNAP Mr. VEASEY led the Pledge of Alle- William Royer of California has helped to lift about 4.7 million Warren B. Rudman of New Hampshire giance as follows: Arlen Specter of Pennsylvania Americans above the poverty line in I pledge allegiance to the Flag of the 2011, including 2.1 million children. Sam Steiger of Arizona United States of America, and to the Repub- Donald Tewes of Wisconsin lic for which it stands, one nation under God, For many of the poorest Americans, Richard Tonry of Louisiana indivisible, with liberty and justice for all. SNAP is the only form of income as- Charlie Wilson of Ohio sistance they have. Mr. Speaker, we f We will have a moment of silence. must protect our most at-risk children Thank you. ANNOUNCEMENT BY THE SPEAKER and families in this Nation. Let’s save It’s sad to have lost those Members, PRO TEMPORE SNAP. but they live on in our memory and The SPEAKER pro tempore. The love. f Chair will entertain 15 requests for 1- That concludes the 43rd report to minute speeches on each side of the Congress by the U.S. Association of aisle. REPEAL OBAMACARE Former Members of Congress. We thank the Congress, the Speaker, and f (Ms. FOXX asked and was given per- the minority leader for giving us the mission to address the House for 1 WHITE HOUSE ASSAULTS minute.) opportunity to return to this revered FREEDOM OF PRESS Chamber and to report on our associa- Ms. FOXX. Mr. Speaker, what was tion’s activities. We look forward to (Mr. WILSON of South Carolina ObamaCare’s central claim? The Af- another active and productive year. asked and was given permission to ad- fordable Care Act, as it was termed by Thank you. dress the House for 1 minute and to re- President Obama, was supposed to Ms. KENNELLY. The Chair termi- vise and extend his remarks.) make health care more affordable for nates the meeting. Mr. WILSON of South Carolina. Mr. the American people. Many who be- The meeting adjourned at 9:32 a.m. Speaker, the expansion of Big Govern- lieved that claim, however, now have ment is a threat to the American peo- buyer’s remorse. f ple. According to Politico, the adminis- ObamaCare was to help save families b 1200 tration: $2,500 on their health care premiums. had obtained records that listed incoming But that’s not true. Family premiums AFTER RECESS and outgoing calls and the duration of these have increased $3,000 since 2008. The recess having expired, the House calls for work and personal phone numbers of Even workers who make $25,000 a was called to order by the Speaker pro AP reporters and phone lines for AP offices year will pay more for health care be- in New York; Hartford, Connecticut; and tempore (Mr. HULTGREN) at noon. cause of ObamaCare. Young people Washington, as well as the main number for f AP reporters in the House of Representatives struggling to pay off debt and find careers in this jobless economy could see PRAYER press gallery. The government seized records—which listed incoming and outgoing their health premiums rise by as much The Chaplain, the Reverend Patrick calls and the call’s length—for more than 20 as 189 percent. J. Conroy, offered the following prayer: separate lines assigned to the AP and its re- In spite of lofty promises, health in- We give You thanks, O God, for giv- porters. surance costs are higher. More than 30 ing us another day. The American people are losing their studies have found ObamaCare will We ask Your blessing this day upon trust in the White House. The recent make health care premiums less afford- the Members of the people’s House. admissions reveal that the President able by the time it’s fully imple- May their labors be graced by Your and his administration will do what- mented. gifts of wisdom, patience, and charity, ever it takes to extend power, includ- Promises for affordable health care that truth and righteousness might ing violating First Amendment rights. have delivered a true train wreck to prevail in all of their proceedings. Even the media is at risk of Big Gov- the American people. It’s time to re- We take special note this day, May ernment intrusion. Over the coming peal ObamaCare and all of its broken 15, National Peace Officers Memorial weeks, it’s my hope that this is thor- promises once and for all.

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.029 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 15, 2013 CONGRESSIONAL RECORD — HOUSE H2623 SUPPLEMENTAL NUTRITION IN OPPOSITION TO PROPOSED support for the poorest, most vulner- ASSISTANCE PROGRAM SNAP CUTS able Americans. The Republican SNAP (Ms. LEE of California asked and was (Mr. VEASEY asked and was given cuts will cut 210,000 children off the given permission to address the House permission to address the House for 1 school lunch program and deny 2 mil- for 1 minute.) minute.) lion Americans food. The Supplemental Nutrition Assist- Ms. LEE of California. Mr. Speaker, Mr. VEASEY. Mr. Speaker, I rise ance Program, SNAP, is a lifeline for as if voting to repeal the Affordable today to speak against the proposed nearly 50 million Americans to have Care Act for the 37th time is not cuts to the Supplemental Nutrition As- access to healthy, affordable food and enough, Republicans are adding insult sistance Program, or SNAP. As the Na- avoid hunger. More than half of SNAP to injury by marking up a farm bill tion’s most important antihunger pro- recipients live in deep poverty. That’s this week that doubles down on their gram, SNAP offers nutrition assistance an income of less than $10,000 a year for indiscriminate sequester. to 46 million low-income Americans a family of three. Right now, the daily The Supplemental Nutrition Assist- and provides economic benefits to com- SNAP benefit is $3.78. ance Program, formerly known as the munities. SNAP also allows families to Two out of three SNAP recipients in Food Stamp program, is one of our Na- more easily set aside a portion of their Minnesota are poor children, seniors tion’s first lines of defense against hun- resources for food and not have to and adults with disabilities. To reduce ger and among the most effective outsource all of their meals and to the budget deficit by inflicting hunger forms of economic stimulus. Every $1 prioritize a healthier, more consistent on children, seniors and people with in SNAP benefits generates $1.70 in diet without compromising as much on disabilities is simply immoral. economic activity. Yet the Republican obligations such as rent, utilities, I urge my colleagues to reject this farm bill cuts nearly $21 billion from transportation and other basic needs. cruel and harmful proposal to increase our Nation’s antihunger program while Over 80 percent of SNAP households hunger in America. millions of Americans continue to have incomes below the poverty line f struggle from the impacts of the Great and 40 percent have incomes below half Recession. These cuts would end food of the poverty line. For many of these IRS SCANDAL assistance for nearly 2 million low-in- Americans, SNAP is the only form of (Mr. GRAVES of Georgia asked and come people, mostly working families, income assistance they receive. We was given permission to address the children, and seniors, already hit by cannot allow the budget to be balanced House for 1 minute and to revise and the sequester. on the backs of the poor and most vul- extend his remarks.) Mr. Speaker, when I was a student nerable in our country. Mr. GRAVES of Georgia. Mr. Speak- and a single mother, the American peo- The proposed farm bill up for a vote er, I rise today to speak out against ple provided a lifeline in the form of in the House Agriculture Committee the IRS for targeting Americans be- food stamps while I struggled to make today would cut $20 billion from the cause of their political beliefs. What is a better life for my children. That’s program. I join my colleagues in oppos- clear is that the IRS has violated the true today for millions of families ing these draconian cuts to ensure that public trust in a serious and disturbing across the country, including 4.3 mil- 46 million people who rely on this pro- way. It’s sickening to learn that the lion Californians who need this critical gram will have food. IRS not only targeted Tea Party conservative groups but also groups that lifeline. f Cutting SNAP is morally wrong and criticized the government or even an economic disaster. We should reject CONGRATULATING THE GRAD- taught the United States Constitution. these cuts, stop sequestration, and cre- UATING CLASS OF FLINTHILLS The United States is a beacon of hope ate jobs. HIGH SCHOOL and freedom for the oppressed all (Mr. POMPEO asked and was given across the world, but the coordinated f permission to address the House for 1 suppression of President Obama’s political opponents undermines who we are b 1210 minute.) Mr. POMPEO. Mr. Speaker, this Sun- and what we stand for. Mr. Speaker, who gave the orders to day, I had the good fortune of being in THE GOSNELL TRIAL target Americans who disagree with Rosalia, Kansas, at the high school this administration? Who gave the or- (Mr. PITTENGER asked and was graduation for Flinthills High. ders? The American people deserve to given permission to address the House Flinthills High has 11 strong grad- know, and our Republic depends on us for 1 minute and to revise and extend uating in 2013, but it was remarkable. his remarks.) finding out that answer. With all the challenges the country I represent a lot of Georgians who are Mr. PITTENGER. Mr. Speaker, on faces, we had young people going to be Monday, justice was served in Philadel- sick and tired of the IRS targeting nurses, young people entering our Na- them. It is time for this House, the phia when a monster by the name of tion’s Army National Guard. We had a Dr. Kermit Gosnell was convicted of people’s House, to instead now target young man who was off to attend the IRS. We must find the full truth the murder of three small babies in his school but who knew that he was going abortion clinic. Each and every life is and we cannot stop until we have full to be coming back to help his father accountability. precious, Mr. Speaker, and murdering and mother on the farm. an innocent baby for the sake of con- With all of the challenges we face f venience or greed is terribly, terribly today, it was incredibly heartening to FREEDOM OF THE PRESS wrong. see this next generation of leaders (Mr. HIMES asked and was given per- In the last 40 years, Mr. Speaker, the being raised in the heartland. Con- lives of over 50 million young babies mission to address the House for 1 gratulations to those 11, six young minute and to revise and extend his re- have been taken. How do we know that women and five young men. God did not place in the lives of these marks.) Go, Mustangs. Mr. HIMES. Mr. Speaker, it is the individuals a cure for cancer, a cure for fashion amongst many of us to blame Alzheimer’s, a cure for Parkinson’s? f the press for our troubles, and that’s, We won’t know that until eternity. We IN OPPOSITION TO PROPOSED of course, because the press reports our grieve over those losses. SNAP CUTS troubles. At their best, the media May I quote Thomas Jefferson, Mr. (Ms. MCCOLLUM asked and was keeps us honest, it keeps us in our con- Speaker, for the sake of our Nation: given permission to address the House stitutional lanes, and it reports our God, who gave us life, gives us liberty. Can for 1 minute and to revise and extend failures. It is essential for democracy. liberties of a nation be secure when we have removed a conviction that these liberties are her remarks.) There is a reason why freedom of the a gift of God? Indeed, I tremble for my coun- Ms. MCCOLLUM. Mr. Speaker, today press is not the Second or Fourth or try when I reflect that God is just, that His the Agriculture Committee marks up a 10th Amendment. It’s the First Amend- justice cannot sleep forever. farm bill, cutting $20 billion from food ment.

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.031 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2624 CONGRESSIONAL RECORD — HOUSE May 15, 2013 So, Mr. Speaker, I am profoundly Surely, when 20 percent of Ban- Well, what does that mean? I’ve got a concerned over the Department of Jus- gladesh’s exports, mostly garments, few concerns. tice’s overbroad and chilling behavior are destined for U.S. buyers, our Na- It means insurance companies can go with respect to the Associated Press. tion’s clothing firms should be on the back to rescinding, that is, taking Seeking records for 20 phone lines, giv- front lines fighting for decent working away your policy when you get sick ing the AP no notice, refusing at this conditions and a fair day’s pay, not ex- even if you’ve been paying premiums. point to discuss their behavior feels to ploiting women workers. They could do that until this law me like overreach. But only Tommy Hilfiger and Calvin passed. Mr. Speaker, it’s time for the Depart- Klein have stood up for women gar- And 3.1 million young adults, 18 to 26, ment of Justice to stand back. You can ment workers, millions of invisible oops, you’re off your parents’ policy. imagine that there is somebody out hands working in death traps, making Sorry. No insurance. there today who has a failure to report so much of the clothing we wear that is 5.3 million seniors who got their who is chilled and says, I will not do marketed in our country. doughnut hole reduced last year, sorry, you’re back in the bill doughnut hole. that because of the approach that the So, where are Walmart and Sears? 3.54 million people in private plans Where is the Gap? Where is Target? Department of Justice has taken. who got free preventative procedures They appear to be missing in action. Mr. Speaker, I am proud to serve in last year, sorry, those aren’t free any- We need to reward those companies the very core of democracy, but this where. Chamber rests on foundations, and a that care about workers and women Up to 17 million children with pre- key part of that foundation is a free workers in particular. When you think existing health conditions would again and competent press. about buying clothing, think Tommy be denied coverage. f Hilfiger and Calvin Klein and ask, 105 million people in health care Where are the others? Without con- THE 29ERS plans that previously had lifetime lim- science and, obviously, on the wrong its, well, your lifetime limit is back. (Mr. MCCLINTOCK asked and was side of honor. So total repeal, no replace, doing in- given permission to address the House f credible damage to seniors, children, for 1 minute.) and many other insured Americans. Mr. MCCLINTOCK. Madam Speaker, b 1220 f across the country, employers are hold- REPEAL OBAMACARE: ECONOMIC ing office meetings and the announce- REASONS IRS TARGETS CONSERVATIVE GROUPS ments are going something like this: (Mr. BROOKS of Alabama asked and We love you guys, but here’s what we was given permission to address the (Mr. SAM JOHNSON of Texas asked make, and here’s what ObamaCare will House for 1 minute.) and was given permission to address cost us. We can’t stay in business with Mr. BROOKS of Alabama. America the House for 1 minute and to revise ObamaCare, but if we cut everybody struggles under President Obama’s eco- and extend his remarks.) back to 29 hours a week, we can avoid nomic policies: Mr. SAM JOHNSON of Texas. Madam the mandate and stay in business. Nearly 12 million Americans are out Speaker, you know, during a com- There’s even a name for them now: of work. Last month, almost 280,000 mencement address in 2009 President the 29ers. ObamaCare was sold on three Americans were forced into part-time Obama ‘‘joked’’ about the IRS auditing claims, all of which were false: jobs because their hours were reduced university officials for failing to award That it would save people money. In or they couldn’t find a full-time job; him an honorary degree. Now fast-for- fact, it’s producing crippling increases The average workweek and weekly ward to last Friday, when we learned in health plans costs. take-home pay for Americans dropped; that the IRS has been targeting con- That it would be good for the econ- The best measure for employment, servative groups. omy. In fact, the CBO estimates it will the Labor Participation Rate, is at 63.3 Madam Speaker, the misuse of the cost the economy a net loss of 800,000 percent, the worst since the economic IRS power is no laughing matter. As jobs. malaise of President Jimmy Carter. Chief Justice John Marshall once said, That if you like your plan, you can With the Obama economy doing so ‘‘The power to tax is the power to de- keep it. Well, many are finding not poorly, why implement a law we know stroy.’’ Folks and groups back home seeking only is that a lie but they can’t keep will kill, according to the Congres- to express their support for our hard- their jobs either. sional Budget Office, some 800,000 fought freedoms and liberties, for lim- Madam Speaker, let’s pull the plug American jobs? ited government, and for a better on this before it wrecks our health care ObamaCare undermines the ability of America should never be subjected to and our jobs. American companies to hire workers. intimidation because of their political It stymies economic growth, and it’s f beliefs—never. SUPPORTING GARMENT WORKERS only going to get worse. Even top The use of the IRS as a political Democrats admit as much. One of the (Ms. KAPTUR asked and was given weapon is unacceptable. What’s worse, law’s authors, Senator MAX BAUCUS, this is the same agency that will be en- permission to address the House for 1 called it a ‘‘train wreck.’’ minute and to revise and extend her re- forcing ObamaCare. Madam Speaker, we must stop the We must hold those responsible ac- marks.) train before the wreck. It’s time to re- countable. That’s why the Ways and Ms. KAPTUR. Just this past Sunday, peal ObamaCare before it does even Means Committee will hold a hearing our Nation celebrated Mother’s Day, a more damage to the American econ- this Friday. day that honors the mothers of our Re- omy. The American people deserve the public. In March, we observed Women’s f truth, the whole truth, and nothing but History Month, honoring the progress WHAT HAPPENED TO THE ‘‘RE- the truth. And if you’re as outraged as toward full equality of over half our I am, call the White House at this num- population. PLACE’’ IN REPUBLICANS’ ‘‘RE- PEAL AND REPLACE’’? ber that’s right there in front of you. Thus, one would have thought that We must make sure it never happens when over 1,100 garment workers in (Mr. DEFAZIO asked and was given again. Bangladesh—seamstresses, sewers, cut- permission to address the House for 1 The SPEAKER pro tempore (Ms. ters, helpers—died working in dan- minute.) FOXX). Members are reminded to direct gerous factory conditions for an aver- Mr. DEFAZIO. Okay, 38th time re- their remarks to the Chair. age wage of $38 a month, America’s repealing all or part of the Affordable f tailers would have been the first to Care Act. Now, the Republican mantra sign the landmark international safety was ‘‘Repeal and Replace,’’ but some- SUPPLEMENTAL NUTRITION agreement to improve the working con- where along the way they forgot about ASSISTANCE PROGRAM ditions of these workers, who are pre- the ‘‘replace’’ part. So tomorrow, total (Mr. LANGEVIN asked and was given dominantly women. repeal. permission to address the House for 1

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.033 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 15, 2013 CONGRESSIONAL RECORD — HOUSE H2625 minute and to revise and extend his re- STOP CHILD ABUSE IN RESIDEN- government. What makes matters marks.) TIAL PROGRAMS FOR TEENS worse is Congress was misled into be- Mr. LANGEVIN. Madam Speaker, ACT lieving that this wasn’t happening. today I rise in strong support of the (Mr. GEORGE MILLER of California Madam Speaker, we must get to the Supplemental Nutrition Assistance asked and was given permission to ad- bottom of these very serious admis- Program and against the proposed $20 dress the House for 1 minute and to re- sions by the IRS. There must be ac- billion cut in SNAP funding under the vise and extend his remarks.) countability and consequences for House Republican farm bill. Mr. GEORGE MILLER of California. those involved, and we must ensure Coming on the heels of a sequester- Madam Speaker, today I’m reintro- that this never happens again. induced reduction, SNAP beneficiaries ducing the Stop Child Abuse in Resi- f continue to feel the pain and the cruel dential Programs for Teens Act. This b 1230 pinch of this Congress’ misguided pri- legislation will protect teenagers at- SUPPLEMENTAL NUTRITION orities. tending residential treatment pro- ASSISTANCE PROGRAM SNAP, better known as food stamps, grams from abuse by staff personnel. helps millions of Americans living in These programs range from boot (Mr. HORSFORD asked and was poverty put food on the table. That camps to behavior modification facili- given permission to address the House may very well be the difference be- ties. They are often a last resort for for 1 minute.) tween a child or a family going hungry parents trying to help a child deal with Mr. HORSFORD. Madam Speaker, I or not. In the wealthiest nation in behavioral or other issues. But inves- come to the floor today opposed to human history, it is unconscionable tigations by our committee found that looming cuts to the Supplemental Nu- that every American cannot afford these programs are not always run in a trition Assistance Program, or SNAP. I life’s basic necessities. safe manner. urge the House Agriculture Committee Eighty percent, Madam Speaker, of Just last year, the Tampa Bay Times and this Congress to refrain from slash- the households receiving SNAP earn confirmed that problems continue, ing funding for this vital program. below the Federal poverty line. That with stories of children being bruised, SNAP is our Nation’s most important translates into millions of working bloodied, and choked to unconscious- antihunger program. It provides food families. With these cuts, make no ness at these programs, all in the name assistance to approximately 46 million mistake about it, millions will go hun- of discipline. Americans and it kept 4.7 million peo- gry and be forced to make decisions be- My bill would make it illegal for a ple out of poverty in 2011, including 2.1 tween food and other vital needs that residential facility to deny a child es- million children. nobody should ever have to confront. sential water, food, clothing, shelter, SNAP has cut the number of children Madam Speaker, we can do better. I or medical care, whether under the living in extreme poverty in half. We call on my colleagues to reject these guise of discipline or therapy. should not be cutting the safety net for cuts. It would also ensure that parents our most vulnerable while maintaining have the information needed to make costly government subsidies for the f safe choices for their children about well-off and the junk food, oil, and gas these programs. When a parent turns industries. REPEAL OF OBAMACARE to these programs for help, they should A Nevada child in my district who re- trust that their child will not suffer ne- ceives $1.48 per meal is not the problem (Mr. HULTGREN asked and was with the Federal budget. The problem given permission to address the House glect, injury, or even death while undergoing therapy. is corporate welfare and the special infor 1 minute.) terest giveaways that litter our Tax Mr. HULTGREN. Madam Speaker, I encourage my colleagues to support this legislation. Code. the President’s health care law is full I urge my colleagues not to cut of broken promises, and these are only f SNAP and to invest in our children and becoming more evident as the law be- their nutrition safety. gins to take effect. ACCOUNTABILITY AND His law promised affordable health CONSEQUENCES FOR THE IRS f insurance for all Americans, a fine (Mr. YODER asked and was given DEVASTATING EFFECTS OF goal. But since 2008, health care pre- permission to address the House for 1 OBAMACARE miums have actually increased by over minute and to revise and extend his re- (Mr. MCHENRY asked and was given $3,000. marks.) permission to address the House for 1 His law promised universal health Mr. YODER. Madam Speaker, I stand minute and to revise and extend his re- care coverage, but according to the today with Americans rightfully out- marks.) Congressional Budget Office, the law raged and stunned that their govern- Mr. MCHENRY. Madam Speaker, last will leave 30 million Americans with- ment has admitted to harassing Ameri- week, I held a telephone townhall out insurance. cans with audits and paperwork simply meeting with my constituents. To- His law promised to help Americans based upon their political beliefs. wards the end of that call, I heard from with preexisting conditions, but the The American people expect the in- a constituent who had already seen her program it set up to care for them is stitutions of their government at their hours cut at the local grocery store already turning qualified applicants most basic, most simple levels to be from 36 hours down to 28. away. fair. They expect not to be discrimi- As a result of ObamaCare, industries, And the once promising future of nated against or targeted based on corporations, and people are posed with medical innovation in America has their beliefs—religious, political, or this very tough challenge: either they been stifled by his new taxes and regu- otherwise. pay for very expensive health care, cut lations, including its poorly conceived But, Madam Speaker, we’ve learned people’s hours, or lay people off. Unfor- tax on medical devices, the repeal of over the past days about gross viola- tunately, her grocery store decided to which I have cosponsored here in the tions of our constitutional rights, an limit hours and make more part-time House. appalling overreach by the Internal workers. Madam Speaker, we’ve also already Revenue Service which has admitted to Sadly, as a result of this, she lost $140 seen that it’s caused small businesses targeting certain Americans for a month. That prevented her from to cut back worker hours. And the un- heightened tax scrutiny and additional being able to pay for the very afford- certainty over pending regulation burdensome and costly audits based able health insurance plan she cur- makes businesses, small and large, solely on political affiliations. These rently is on. Other coworkers could no hesitate to hire new people or make anti-American violations strike at the longer afford car payments, for in- new investments, slowing down our heart of our free and democratic soci- stance. economic recovery. ety and they confirm the worst fears These devastating effects are a ter- It’s time for repeal and real reform. that many Americans have about their rible result of bad public policy, and

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.035 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2626 CONGRESSIONAL RECORD — HOUSE May 15, 2013 that is why we must repeal groups, and the IRS Commissioner day and recognize how much we all ObamaCare. knew about it. This gross misuse of po- stand to gain by enacting immigration f litical power is an absolute outrage. reform that honors our country’s leg- Mr. President, the IRS Commissioner acy as the ‘‘land of opportunity.’’ NATIONAL POLICE WEEK and the Treasury Secretary serve at (Mr. KENNEDY asked and was given your will, and thus, the responsibility f permission to address the House for 1 for their outrageous actions falls SUPPLEMENTAL NUTRITION minute and to revise and extend his re- squarely on your shoulders. ASSISTANCE PROGRAM marks.) f Mr. KENNEDY. Madam Speaker, I (Mr. DEUTCH asked and was given rise today in recognition of National SUPPLEMENTAL NUTRITION permission to address the House for 1 Police Week. A month ago this very ASSISTANCE PROGRAM minute and to revise and extend his re- day, those of us from Massachusetts (Ms. SCHAKOWSKY asked and was marks.) had every reason to be proud of our given permission to address the House Mr. DEUTCH. Madam Speaker, I first responders and our police officers. for 1 minute and to revise and extend stand here today because the Supple- Over the course of that week, I heard her remarks.) mental Nutritional Assistance Pro- from so many of my colleagues, Demo- Ms. SCHAKOWSKY. Madam Speaker, gram, SNAP, is not a form of govern- crats and Republicans, who said how are you kidding me? Taking food out of ment waste. There is nothing wasteful proud they were to be Americans be- the mouths of hungry children—is that about a program that, through pro- cause of the response that our law en- the reason that any of us would come viding modest assistance to low-in- forcement officials took in reaction to to Congress? But that is exactly what come families, has nearly eliminated the marathon bombings. the farm bill that’s being considered severe hunger in the United States of It is not just in disasters, however, today does. It takes food out of the America. that our first responders and our police mouths of hungry children. The average SNAP benefit provides officers answer the call. I want to rec- Not only will 1 million children lose only $1.40 per meal. Already, this forces ognize Sergeant Michael Murphy from their SNAP funding—the money that many seniors and families with young Brookline and Sergeant Jim Machado puts food on the table—but 200,000 of children to skip meals throughout the from Fall River, who are here this them will also lose their school week or face a shortage in food by the week. lunches. This in the richest country in end of the month. We already know As a former prosecutor, you realize the world? This in the name of deficit that children who go hungry are more every day that the routine is anything reduction? This in a country where al- likely to struggle in school and face se- but. Every time a car is stopped, every ready tens of millions of children go to rious health problems and less likely to call that a police officer responds to, sleep hungry? escape poverty as adults. they literally put their life on the line. There’s not a district in this Nation, The GOP’s proposed cuts to SNAP of We need to only remember the acts of there’s not a Member of Congress who $20 billion amount to punishing chil- MIT Officer Sean Collier to recognize doesn’t have constituents who have to dren who struggle with hunger that is how dangerous the job is that they per- line up at a food pantry because other- beyond their control. Don’t we have a form each and every day to enforce our wise they and their children would go national interest in protecting families laws and to keep us and our neighbors to sleep hungry. This is the most in- who are struggling to feed themselves? safe. And so, as a Member of the credibly mean-spirited piece of legisla- Our budget is a moral document. Fourth District of Massachusetts and tion. And, Madam Speaker, there is nothing on behalf of the Commonwealth of Mas- I urge a ‘‘no’’ vote on the $20 billion moral about abandoning America’s sachusetts, I want to take a brief mo- cut in SNAP. families and American children who ment to all of our police officers and f are struggling with hunger. say thank you. ASIAN PACIFIC AMERICAN f f HERITAGE MONTH ACTIONS OF TREASURY SEC- (Ms. TITUS asked and was given per- b 1240 RETARY AND THE IRS COMMIS- mission to address the House for 1 SIONER FALL ON PRESIDENT’S minute and to revise and extend her re- PASS THE AMERICAN JOBS ACT SHOULDERS marks.) NOW (Mr. HUELSKAMP asked and was Ms. TITUS. Madam Speaker, I rise (Ms. WILSON of Florida asked and given permission to address the House today to recognize Asian Pacific Amer- was given permission to address the for 1 minute and to revise and extend ican Heritage Month and to celebrate House for 1 minute.) his remarks.) the many contributions of this vibrant Ms. WILSON of Florida. Madam Mr. HUELSKAMP. Madam Speaker, community to Nevada’s First District Speaker, it has now been 864 days since on Monday, President Obama claimed and to the country at large. I arrived in Congress, and the Repub- that the IRS was an ‘‘independent Asian Pacific Americans comprise lican leadership has still not allowed a agency.’’ Mr. President, that is not the fastest-growing minority group in single vote on serious legislation to ad- true. As your chart shows, the Presi- Las Vegas, having doubled in size be- dress our unemployment crisis. We dent can remove both the Treasury tween 2000 and 2010. Along Spring need to pass the American Jobs Act Secretary and the IRS Commissioner Mountain Road, we find the Chinatown now. It deserves a vote. at will. They both serve at the pleasure Plaza, built in 1995 by Mr. and Mrs. Unemployment is now higher than of President Barack Obama. James Chen; Korea Town, developed by the 7.5 percent we hear about in the In recent weeks, months, and perhaps Mr. Hae Un Lee and Mr. James Yu; and news. Another full percent of the work- years, President Obama has increas- hundreds of Thai, Chinese, Japanese, force can find only short-term, unreli- ingly claimed little or no responsi- and Vietnamese restaurants, markets, able work. Another half percent has bility for the actions of his administra- and shops that enrich our society and stopped looking because there is no option. Whether it is the Benghazi cover- enhance our economy. portunity. Another 5 percent is stuck ups, the ObamaCare failures, or this Along Maryland Parkway is a flour- working part-time when they want targeting of conservative groups by the ishing Filipino district, and numerous full-time work. So our real unemploy- IRS, President Obama has flipped the cultural festivals are held across the ment rate is closer to 14 percent. moniker of President Truman on its valley throughout the year featuring Madam Speaker, these people are not head. Instead of ‘‘the buck stops here,’’ music, dance, costumes, and food from lazy. It’s this Congress that’s lazy. We Obama’s theme has become ‘‘the buck the thriving Asian Pacific community. are doing nothing to create oppor- never stops here.’’ As we celebrate APA Heritage tunity for Americans who are suf- The evidence is clear. The IRS tar- Month, let us acknowledge the value fering. Our mantra should be: jobs, geted Tea Party and other conservative immigrants bring to our lives every jobs, jobs.

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.036 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 15, 2013 CONGRESSIONAL RECORD — HOUSE H2627 ANNOUNCEMENT BY THE SPEAKER fact, 5 months before the due date of from being small businesses to big PRO TEMPORE the SEC’s recurring review of a re- businesses or from small businesses to The SPEAKER pro tempore. Pursu- newed Regulation A. more successful small businesses. They ant to clause 8 of rule XX, the Chair Regulation A is a very interesting are the ones that are at a loss, and at will postpone further proceedings provision within securities regulation. a time of high unemployment we need today on motions to suspend the rules It is a sensible and philosophically to make sure that we are able to get on which a recorded vote or the yeas sound exemption that should help mil- those capital-starved businesses access and nays are ordered, or on which the lions of small- and moderate-sized busi- to the moneys they need to grow and to vote incurs objection under clause 6 of nesses, but it’s actually unused by all prosper in these tough economic times. rule XX. small businesses. The JOBS Act lan- This is a bipartisan bill that has gar- Record votes on postponed questions guage includes raising the cap on Regu- nered the support of my colleagues will be taken later. lation A securities offerings from $5 from across the aisle, Ms. ESHOO and million to $50 million, which is existent Mr. SCOTT, as well as the support of my f in the law; but the act also requires colleagues on this side of the aisle, Mr. RULEMAKING DEADLINE that we have meaningful regulatory SCHWEIKERT and Mr. GARRETT, who EXEMPTING CERTAIN SECURITIES improvements to Regulation A so it have long been proponents of these re- Mr. MCHENRY. Madam Speaker, I can, in fact, be utilized by small busi- forms and necessary changes. move to suspend the rules and pass the nesses as it was intended. With that, I reserve the balance of bill (H.R. 701) to amend a provision of Stakeholders and academics have my time. the Securities Act of 1933 directing the testified that Regulation A should be a CHAMBER OF COMMERCE Securities and Exchange Commission covered security or that the SEC OF THE UNITED STATES OF AMERICA, to add a particular class of securities should radically simplify Reg A’s reg- Washington, DC, May 13, 2013. TO THE MEMBERS OF THE U.S. HOUSE OF to those exempted under such Act to istration and qualifications if small REPRESENTATIVES: The U.S. Chamber of provide a deadline for such action, as businesses are to ever use and utilize this well-intentioned exemption again. Commerce, the world’s largest business fed- amended. eration representing the interests of more The Clerk read the title of the bill. For proof of whether State exemption than three million businesses and organiza- The text of the bill is as follows: matters, merely look at the dominance tions of all sizes, sectors, and regions, as well H.R. 701 of rule 506, even for issuances of $1 mil- as state and local chambers and industry as- lion, compared to those other exemp- sociations, and dedicated to promoting, pro- Be it enacted by the Senate and House of Rep- tecting and defending America’s free enter- resentatives of the United States of America in tions; and let’s just face it—the num- prise system, strongly supports H.R. 701, Congress assembled, bers speak for themselves. Additionally, other areas of critical which would amend a provision of the Secu- SECTION 1. RULEMAKING DEADLINE FOR EX- rities Act of 1933 to help ensure the success EMPTING CERTAIN SECURITIES. consideration include quiet periods, of the JOBS Act, which became law last Section 3(b)(2) of the Securities Act of 1933 testing-the-waters activities, comment year. (15 U.S.C. 77c(b)(2)) is amended in the matter period turnaround, and even the num- H.R. 701 is a bi-partisan bill which would preceding subparagraph (A) by striking ‘‘The ber of Securities and Exchange Com- place a deadline of October 31, 2013, for the Commission’’ and inserting ‘‘Not later than mission staff dedicated to small busi- Securities and Exchange Commission to October 31, 2013, the Commission’’. ness exemptions. We’ve made that very complete the changes to Regulation A as re- The SPEAKER pro tempore. Pursu- clear to the Securities and Exchange quired under the Jumpstart Our Business ant to the rule, the gentleman from Commission the concerns we have on Startups Act (‘‘JOBS Act’’). The bi-partisan North Carolina (Mr. MCHENRY) and the those issues. The SEC must conduct a JOBS Act mandates the modernization of gentlewoman from California (Ms. certain regulations critical to the capital holistic review of Federal and State formation of emerging growth companies. WATERS) each will control 20 minutes. regulations on these matters to learn The Chair recognizes the gentleman The Chamber is concerned that the pace of which have impeded entrepreneurs regulatory implementation is too slow, and from North Carolina. from accessing external capital, which H.R. 701 would help ensure the timely imple- GENERAL LEAVE is really the intention of Regulation A. mentation of this legislation important to Mr. MCHENRY. Madam Speaker, I If you look back at a GAO report, it new businesses. ask unanimous consent that all Mem- asserted that, from 1997 to 2011, the The Chamber believes H.R. 701 would help bers have 5 legislative days within number of Regulation A filings de- speed the implementation of the JOBS Act, which to revise and extend their re- creased from 116 annually to 19, and thereby assisting the capital formation needed for robust economic growth and job cre- marks and to submit extraneous mate- that’s only the number of filings. To go ation. The Chamber strongly supports H.R. rials for the RECORD on H.R. 701, as to the next step of an offering, it’s even 701. amended, currently under consider- further reduced. It reduced from 57 in Sincerely, ation. 1998 to just one offering, under this im- R. BRUCE JOSTEN, The SPEAKER pro tempore. Is there portant regulation, in 2011. Now, that’s Executive Vice President, objection to the request of the gen- very disturbing. The same GAO report Government Affairs. tleman from North Carolina? maintains that the SEC has never eval- There was no objection. uated the abandonment of Regulation NASDAQ OMX, Washington, DC, May 7, 2013. Mr. MCHENRY. Madam Speaker, I A, an exemption solely created to cap- Hon. JEB HENSARLING, yield myself such time as I may con- italize small- and moderate-sized busi- Chairman, House Committee on Financial Serv- sume. nesses and to empower everyday inves- ices, Rayburn House Office Building, Wash- My colleagues, this is a bipartisan, tors. That’s absurd. It’s high time the ington, DC. straightforward bill, and it had unani- SEC gets around to this and gets it DEAR CHAIRMAN HENSARLING: Rep. Patrick mous support within the Financial done. That’s what this bill is all about. McHenry has proposed legislation, H.R. 701, Services Committee. The Small Business Administration which seeks to impose a deadline on the Se- This bill codifies an intended dead- asserts that there are more than 5 mil- curities and Exchange Commission (SEC) for completion of an important section of the line within the JOBS Act. This legisla- lion small businesses in the U.S. with JOBS Act signed into law on April 5, 2012. tion simply puts a reasonable date for fewer than 20 employees, representing Specifically, the legislation requires the SEC the deadline for an improved Regula- 20 percent of our national employment, to issue its rules with respect to Regulation tion A, which came out of a bipartisan and that firms with fewer than 100 em- A by October 31st of this year. bill before the House of Representa- ployees employ more than 36 percent of NASDAQ OMX supports this legislation’s tives just over a year ago and then the our national employment. These mil- goal to induce timely action on a key feature JOBS Act the President signed more lions of small businesses do not utilize of the JOBS Act. As rules are finalized, small than a year ago. The deadline is very Reg. A or other exemptions actually businesses should have the regulatory certainty necessary to make critical capital achievable, setting an October 31 dead- intended for them. There are bad con- funding decisions that can allow them to line for the SEC to write regulations. sequences for this because they are not grow and create jobs—the purpose behind the It is nearly 19 months after the JOBS able to get the capital they need to JOBS Act and NASDAQ OMX’s support of Act was signed into law, and it is, in grow and prosper and to perhaps go that legislation.

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.038 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2628 CONGRESSIONAL RECORD — HOUSE May 15, 2013 Please let me know if I can be of further As you are well aware, one of the barriers rulemakings under the JOBS Act—it is service to the Committee. to start-up company growth is access to cap- understandable that the SEC has not Thank you, ital. Although the Reg A offerings are sup- yet completed the Regulation A up- TERRY G. CAMPBELL, posed to help emerging companies get access date. H.R. 701 would basically require Vice President, capital, the cost of compliance with regu- Global Government Relations. latory burdens made the $5 million cap un- that the SEC complete the Regulation workable. Congress was absolutely right to A rulemaking by October 31 of this BIOTECHNOLOGY pass the JOBS Act requiring the SEC to pro- year. INDUSTRY ORGANIZATION, mulgate rules to raise the cap to $50 million. While I am reluctant to impose accel- Washington, DC, May 13, 2013. Doing so will open new pathways by which erated rulemaking timetables on the DEAR MEMBER OF CONGRESS: On behalf of startups and emerging companies, including Commission, given the resource con- the Biotechnology Industry Organization those stuck in the proverbial ‘‘valley of straints they face, I will support this (BIO) and its more than 1,100 members, I am death,’’ can access capital, allowing them to bill and my colleagues are supporting writing in strong support of H.R. 701, spon- grow and create new jobs. But more than a sored by Rep. Patrick McHenry. I urge swift year after this bipartisan triumph for this bill, particularly since we under- consideration and passage of this important innovators, the SEC hasn’t even published stand that the SEC has indicated that legislation by the House of Representatives. Reg A rules. H.R. 701 will fix this and is ur- they will finish the rulemaking before H.R. 701 will speed the implementation of a gently needed. October 31 anyway, even without this key provision in the Jumpstart Our Business There is much talk in Washington about legislation. Startups (JOBS) Act, which passed both helping start-ups, but your bill takes tan- Finally, I would ask that my col- houses of Congress last year with broad, bi- gible action toward achieving that goal and leagues support adequate funding for partisan majorities. Title IV of the JOBS ensuring the promise of the JOBS Act is re- the Commission so that they have the Act directed the SEC to make revisions to alized. We commend you for finding a bi-par- Regulation A that will increase access to tisan solution that will have real-world bene- staff resources to carry out this and capital for growing companies, including fits for America’s entrepreneurs and other outstanding rulemakings under biotech innovators. innovators. CONNECT stands ready to assist both the Wall Street Reform Act and Before the JOBS Act was enacted, Regula- you as the bill advances in the House and the JOBS Act. This is very important. tion A allowed companies to conduct direct strongly encourages Majority Leader Reid to The SEC has a great responsibility public offerings of up to $5 million; the JOBS promptly place the bill on the Senate floor carrying out the rulemaking for all Act increased the offering limit to $50 mil- calendar. that we have placed on them. As I lion. Once this change is implemented, Regu- Sincerely, lation A will spur fundraising for emerging know that they like to do this rule- TIMOTHY TARDIBONO, M.A., J.D., making in a timely fashion, we must biotech companies, for which a $50 million Vice President of Public Policy. capital influx could support groundbreaking recognize that they don’t have all the research and stimulate job creation. Ms. WATERS. Madam Speaker, I resources they need. So I hope that as H.R. 701 will give the SEC a deadline to yield myself such time as I may con- we’re taking a chance with our col- complete rulemaking on Regulation A. The leagues on the opposite side of the current delay at the SEC has blunted the po- sume. tential capital formation impact of the As you know, the Jumpstart Our aisle, hoping that this bill is going to JOBS Act at a time when research-intensive Business Startups Act, or the JOBS produce the kinds of jobs that have small businesses are in dire need of funding Act as it is commonly known, was been indicated, we want our friends on for their innovative R&D. Changing the eli- signed into law about 1 year ago. This the opposite side of the aisle to recip- gibility threshold for Regulation A offerings bill received the support of both Demo- rocate with support for the SEC and will provide a new source of private capital crats and Republicans on the Financial the funding that they need. to finance the search for cures and break- Services Committee. With that, Madam Speaker, I reserve through medicines. the balance of my time. BIO supports expeditious implementation Some of us, including me, have some Mr. MCHENRY. A 418 percent in- of the JOBS Act. On behalf of BIO’s member- concerns about this legislation. We are ship, I urge you to support H.R. 701 when it basically taking a chance that inves- crease since the late nineties with the is considered by the House of Representa- tors will not be harmed, but we’re tak- Securities and Exchange Commission tives. ing a chance because we are so anxious in terms of funding, I think, is ade- With Sincerest Regards, to create jobs, and this legislation is quate; but I certainly appreciate my JAMES C. GREENWOOD, possibly yet another approach to cre- colleague’s concerns. President and CEO. ating jobs. We passed this provision in the fall of 2011 in this House with a floor vote of CONNECT, b 1250 421–1. This enhances this provision and May 15, 2013. This is not the American Jobs Act, Hon. PATRICK MCHENRY provides for a deadline that is 19 U.S. Capitol, but this is a jobs act. And I believe months after the original act was Washington, DC. that my colleague on the opposite side signed. I think that’s more than gen- Hon. DAVID SCOTT of the aisle, Mr. MCHENRY, really be- erous and sufficient. DEAR REPRESENTATIVES MCHENRY AND lieves that this is going to create jobs. With that, I would like to yield 21⁄2 SCOTT: As a leading voice for tech start-ups So we’re going to take a chance that minutes to my colleague from Florida and emerging companies, CONNECT enthu- this will create jobs. (Mr. ROSS), who is a quite vocal pro- siastically endorses your efforts to pass H.R. Regulation A currently allows cer- 701. This straightforward legislation, to set ponent of getting capital to small busi- an October 31 deadline for the SEC to pro- tain companies to raise up to $5 million ness. mulgate rules to implement the JOBS Act a year through a streamlined, less cost- Mr. ROSS. Madam Speaker, as my increase for Regulation A offerings, is spe- ly registration process, providing colleague mentioned earlier, the JOBS cifically targeted to increase the flow of cap- smaller companies with much-needed Act passed into law with broad bipar- ital to start-up and emerging companies capital without overly burdening them tisan support. which represent the best job-creating engine with registration requirements. In the It hasn’t been easy for Republicans to spur America’s economic recovery. JOBS Act, we raise that level to $50 and Democrats to agree on a lot of CONNECT was birthed out of the Univer- million, thus providing small compa- sity of California—San Diego over twenty- things; but when it came to directing five years ago with the mission to propel cre- nies with a greater ability to develop the SEC to get out of the way and ative ideas and emerging technologies to the new products and create much-needed allow small public companies to raise marketplace by training entrepreneurs and jobs for their local economies. capital and create jobs in America, we connecting them to the comprehensive re- The JOBS Act did not set a deadline agreed. sources they need to sustain viability and under which the Commission needed to Over a year later, we’re still waiting business vibrancy. Since 1985, CONNECT has complete this rulemaking. Given the for the SEC to implement several por- assisted in the formation and development of tremendous workload the Commission tions of a bill that should have been over 3,000 companies and is recognized as one is managing—including setting up new noncontroversial. This isn’t the first of the world’s most successful regional innovation development programs. CONNECT is offices under the Wall Street Reform instance. In title II of this act, the SEC the recipient of the 2010 ‘‘Innovation in Re- Act, regulating new markets such as failed in a time certain to follow the gional Innovation Clusters’’ award presented the over-the-counter derivatives mar- will of Congress and promulgate rules. by the U.S. Department of Commerce. ket, and completing various other That’s why we’re here today.

VerDate Mar 15 2010 05:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A15MY7.009 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 15, 2013 CONGRESSIONAL RECORD — HOUSE H2629 Now, it’s unclear when the SEC is increase in the current threshold of $5 million relationships with the Secretary of Veterans going to promulgate the rules under to $50 million. Such an increase strikes me as Affairs; title IV, which will allow faster capital grotesquely large, especially since inflation ‘‘(D) serving as a liaison for the Depart- formation for smaller public compa- ment, and establishing and maintaining rela- has risen only 165 percent since 1980. tionships with the United States Interagency nies. But like the job creators and the H.R. 701 will force the SEC—without addi- Council on Homelessness and officials of unemployed in my district, I’m tired of tional appropriations—to do something that State, local, regional, and nongovernmental waiting. We’re down here today urging constitutes a tremendous incitement to per- organizations concerned with veterans; Members to support legislation to re- petrate fraud on investors. I cannot in good ‘‘(E) providing information and advice require the SEC to do their job and im- conscience support this bill and urge my col- garding— plement the rules under this title by leagues to vote it down. ‘‘(i) sponsoring housing projects for vet- the end of October. The SPEAKER pro tempore. The erans assisted under programs administered It’s disheartening that we have to question is on the motion offered by by the Department; or ‘‘(ii) assisting veterans in obtaining hous- waste taxpayer dollars to do this, but I the gentleman from North Carolina ing or homeless assistance under programs urge Members to vote in favor of H.R. (Mr. MCHENRY) that the House suspend administered by the Department; 701. Madam Speaker, it’s time for the the rules and pass the bill, H.R. 701, as ‘‘(F) coordinating with the Secretary of SEC and all the regulators to stop amended. Housing and Urban Development and the stalling and stop ignoring the will and The question was taken. Secretary of Veterans Affairs in carrying out direction of Congress. It’s time for reg- The SPEAKER pro tempore. In the section 3 of the Homes for Heroes Act of 2013; ulators to do their jobs so Americans opinion of the Chair, two-thirds being and can go back to work and do their jobs, in the affirmative, the ayes have it. ‘‘(G) carrying out such other duties as may Mr. AL GREEN of Texas. Mr. Speak- be assigned to the Special Assistant by the and it’s time that Congress hold all Secretary or by law.’’. regulators accountable. er, on that I demand the yeas and nays. (b) TRANSFER OF POSITION IN OFFICE OF Thank you, Mr. Chairman, for this The yeas and nays were ordered. DEPUTY ASSISTANT SECRETARY FOR SPECIAL bill. The SPEAKER pro tempore. Pursu- NEEDS.—On the date that the initial Special Ms. WATERS. Mr. Speaker, I ask ant to clause 8 of rule XX, further pro- Assistant for Veterans Affairs is appointed unanimous consent that the gentleman ceedings on this motion will be post- pursuant to section 4(h)(2) of the Department of Housing and Urban Development Act, as from Texas (Mr. AL GREEN) control the poned. added by subsection (a) of this section, the time for the remainder of the debate. f position of Special Assistant for Veterans The SPEAKER pro tempore (Mr. HOMES FOR HEROES ACT OF 2013 Programs in the Office of the Deputy Assist- PITTENGER). Is there objection to the ant Secretary for Special Needs of the De- request of the gentlewoman from Cali- Mr. MCHENRY. Mr. Speaker, I move partment of Housing and Urban Development fornia? to suspend the rules and pass the bill shall be terminated. There was no objection. (H.R. 384) to establish the position of SEC. 3. ANNUAL SUPPLEMENTAL REPORT ON Mr. AL GREEN of Texas. Mr. Speak- Special Assistant for Veterans Affairs VETERANS HOMELESSNESS. in the Office of the Secretary of Hous- (a) IN GENERAL.—The Secretary of Housing er, I continue to reserve the balance of and Urban Development and the Secretary of my time. ing and Urban Development by trans- Veterans Affairs, in coordination with the Mr. MCHENRY. We’re prepared to ferring the Special Assistant for Vet- United States Interagency Council on Home- close. erans Affairs to the Office of the Sec- lessness, shall submit annually to the Com- Mr. AL GREEN of Texas. I will await retary of HUD, and for other purposes, mittees of the Congress specified in sub- your closing. as amended. section (b), together with the annual reports required by such Secretaries under section Mr. MCHENRY. If the gentleman The Clerk read the title of the bill. The text of the bill is as follows: 203(c)(1) of the McKinney-Vento Homeless yields back his time, I will then close. Assistance Act (42 U.S.C. 11313(c)(1)), a sup- As the majority party, we have the H.R. 384 plemental report that includes the following right to close. Be it enacted by the Senate and House of Rep- information with respect to the preceding Mr. AL GREEN of Texas. I yield back resentatives of the United States of America in year: the balance of my time. Congress assembled, (1) The same information, for such pre- Mr. MCHENRY. Mr. Speaker, I would SECTION 1. SHORT TITLE. ceding year, that was included with respect like to just simply close by saying that This Act may be cited as the ‘‘Homes for to 2010 in the report by the Secretary of we should help small businesses. Heroes Act of 2013’’. Housing and Urban Development and the Secretary of Veterans Affairs entitled ‘‘Vet- When we have congressional Mem- SEC. 2. SPECIAL ASSISTANT FOR VETERANS AF- FAIRS IN THE DEPARTMENT OF erans Homelessness: A Supplemental Report bers acknowledging pop culture, as I HOUSING AND URBAN DEVELOP- to the 2010 Annual Homeless Assessment Re- did in committee, there is always a de- MENT. port to Congress’’. bate about that. But as Beyonce once (a) TRANSFER OF POSITION TO OFFICE OF THE (2) Information regarding the activities of said, ‘‘If you like it, you should have SECRETARY.—Section 4 of the Department of the Department of Housing and Urban Devel- put a ring on it.’’ Likewise, we should Housing and Urban Development Act (42 opment relating to veterans during such pre- put a deadline on it. That’s what this U.S.C. 3533) is amended by adding at the end ceding year, as follows: bill is all about. the following new subsection: (A) The number of veterans provided as- ‘‘(h) SPECIAL ASSISTANT FOR VETERANS AF- sistance under the housing choice voucher As I close, I will not quote Jay-Z, but FAIRS.— program for Veterans Affairs supported I will say we should help small busi- ‘‘(1) POSITION.—There shall be in the Office housing (VASH) under section 8(o)(19) of the nesses. And I ask my colleagues for of the Secretary a Special Assistant for Vet- United States Housing Act of 1937 (42 U.S.C. their support as I yield back the bal- erans Affairs, who shall report directly to 1437f(o)(19)), the socioeconomic characteris- ance of my time. the Secretary. tics of such homeless veterans, and the num- Mr. DINGELL. Mr. Speaker, I rise in opposi- ‘‘(2) APPOINTMENT.—The Special Assistant ber, types, and locations of entities con- tion to H.R. 701. While I applaud the bipar- for Veterans Affairs shall be appointed based tracted under such section to administer the tisan efforts of my colleagues to help small solely on merit and shall be covered under vouchers. the provisions of title 5, United States Code, (B) A summary description of the special businesses grow and create jobs, the sting of governing appointments in the competitive considerations made for veterans under pub- the effects of financial deregulation is still too service. lic housing agency plans submitted pursuant strong to allow me to support this bill. ‘‘(3) RESPONSIBILITIES.—The Special Assist- to section 5A of the United States Housing I voted against similar legislation in the ant for Veterans Affairs shall be responsible Act of 1937 (42 U.S.C. 1437c–1) and under com- 112th Congress because I think raising the for— prehensive housing affordability strategies Securities and Exchange Commission (SEC) ‘‘(A) ensuring veterans have fair access to submitted pursuant to section 105 of the Regulation A threshold is a bad idea. I note housing and homeless assistance under each Cranston-Gonzalez National Affordable that Congress has raised this threshold five program of the Department providing either Housing Act (42 U.S.C. 12705). such assistance; (C) A description of the activities of the times already. In each of those instances, ‘‘(B) coordinating all programs and activi- Special Assistant for Veterans Affairs of the though, Congress approved a modest in- ties of the Department relating to veterans; Department of Housing and Urban Develop- crease that was relative to the rate of inflation ‘‘(C) serving as a liaison for the Depart- ment. and the purchasing power of the dollar. H.R. ment with the Department of Veterans Af- (D) A description of the efforts of the De- 701 would mandate an unprecedented tenfold fairs, including establishing and maintaining partment of Housing and Urban Development

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.042 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2630 CONGRESSIONAL RECORD — HOUSE May 15, 2013 and the other members of the United States 2008, all of which passed this House cost some in the prime of their lives Interagency Council on Homelessness to co- with well over 400 votes each. things that you and I can never re- ordinate the delivery of housing and services As our service men and women con- place, money can’t buy. And when to veterans. tinue to serve our country both here money can’t buy and you and I can’t (E) The cost to the Department of Housing and abroad, the least we can do is en- and Urban Development of administering the replace, the least we can do is all that programs and activities relating to veterans. sure they have proper access to the we can. This is why we’re asking that (F) Any other information that the Sec- services that are offered to them when this Special Assistant be placed in the retary of Housing and Urban Development they return. Office of the Secretary of HUD, that and the Secretary of Veterans Affairs con- This bill represents a step in that di- this be codified into the law; that it is sider relevant in assessing the programs and rection, and I urge my colleagues to not going to be easy now for this per- activities of the Department of Housing and support this worthy endeavor. son to be replaced or this position to be Urban Development relating to veterans. With that, I reserve the balance of removed. (b) COMMITTEES.—The Committees of the my time. And, Mr. Speaker, I must say also Congress specified in this subsection are as Mr. AL GREEN of Texas. Mr. Speak- that HUD has been quite helpful. HUD follows: er, I yield myself such time as I may (1) The Committee on Banking, Housing, has established a similar position in and Urban Affairs of the Senate. consume. another part of the Department, but (2) The Committee on Veterans’ Affairs of Mr. Speaker, I would like to start by this would place a person in the office the Senate. thanking Mr. HENSARLING, the chair- with the Secretary. And this person in (3) The Committee on Appropriations of person of the committee. He gave me the Office of the Secretary would try to the Senate. his word. He said this bill would come help us with some of the statistics that (4) The Committee on Financial Services of to the floor, and he has kept his word. we find abhorrent. the House of Representatives. I would like to thank the ranking We find that there are approximately (5) The Committee on Veterans’ Affairs of member, Ms. WATERS. She committed the House of Representatives. 76,000 to 144,000 veterans who are home- to help with this bill. In fact, the gen- less. This is unacceptable. We find that (6) The Committee on Appropriations of esis of this was a conversation I had the House of Representatives. on any night in 2012 about 62,000 vet- with her, and she kept her word. I’d The SPEAKER pro tempore. Pursu- erans were homeless. This is unaccept- like to thank Mr. MCHENRY. Indeed, he ant to the rule, the gentleman from able. And what this assistant will do is and I do serve on Oversight and Inves- work with the homeless veterans orga- North Carolina (Mr. MCHENRY) and the tigations, and I appreciate very much gentleman from Texas (Mr. AL GREEN) nizations, serve as a liaison person to his being here today to help us by man- the Department of Veterans Affairs, each will control 20 minutes. aging this piece of legislation. I believe The Chair recognizes the gentleman the U.S. Interagency Council on Home- he and I will accomplish additional from North Carolina. lessness, and with State and local offi- things on a bipartisan basis. This is a GENERAL LEAVE cials, and not-for-profit organizations. bipartisan piece of legislation. This assistant will coordinate services Mr. MCHENRY. Mr. Speaker, I ask I’d also like to thank the staff. While unanimous consent that all Members with these various entities. I will stand here and hopefully rise to Mr. Speaker, this is not enough, but have 5 legislative days within which to the occasion, it really takes greater revise and extend their remarks and it is a start. It is a continuation, if you people to make the occasion. These will, of what we’ve been trying to ac- submit extraneous materials for the people are the staffers that work long record on H.R. 384, as amended, cur- complish. Mr. Speaker, I beg that my into the night on many occasions to colleagues—I would besiege them and rently under consideration. try to reach a consensus on legislation. The SPEAKER pro tempore. Is there implore them to please support this The staff really put a lot of time into legislation because you’re really sup- objection to the request of the gen- this legislation, Mr. Speaker, and I tleman from North Carolina? porting our veterans. think they should be complimented. Mr. Speaker, in closing, I will remind There was no objection. I especially would recognize one Mr. MCHENRY. Mr. Speaker, I yield us that the greatness of America is not staffer in particular, Ms. Harmeet myself such time as I may consume. going to be measured by how we treat Today I rise in support of H.R. 384, Kaur. This is her last week in our con- people who live in the sweets of life. the Homes for Heroes Act of 2013. gressional office. She’s a fellow, and The greatness of America is often This bill was introduced by my col- I’m honored to say she worked with us going to be judged by how we treat peo- league from Texas, Congressman AL on this piece of legislation. ple who live in the streets of life. Too Finally, I’d like to thank our vet- GREEN, who I had the pleasure of hav- often, we have people who have served ing serve alongside of me as the rank- erans. Mr. Speaker, we stand here in their country living in the streets of ing member of the Oversight Investiga- the well of the House and enjoy many life. They literally live on the streets. tion Subcommittee on the Financial of the freedoms that we have because It is time for us, the richest country in Services Committee. there are people who are willing to go the world, where one out of every 100 This bill would establish the position to distant places, willing to risk their persons is a millionaire, to acknowl- of Special Assistant for Veterans Af- lives. Indeed, Mr. Speaker, many of edge what our veterans have done to fairs within Housing and Urban Devel- them do not return the way they left. make it possible for us to enjoy these opment to coordinate services provided I just believe, Mr. Speaker, that the great and noble American ideals as to homeless veterans and to serve as least a grateful Nation can do is make extolled in the Pledge of Allegiance, HUD’s liaison to the Department of sure that when they return home, they liberty and justice for all, and in the Veterans Affairs, the U.S. Interagency return home to good jobs, the best Constitution, wherein we would have Council on Homelessness, State and health care, and good housing. I believe all people be created and treated equal- local officials, and nonprofit service or- that it’s almost sinful to see a veteran ly. ganizations. The position is currently standing on the corner with a sign that So, Mr. Speaker, I just beg in closing in the Office of the Deputy Assistant reads, ‘‘Homeless, hungry.’’ I believe that we, Members, take advantage of Secretary for Special Needs. This that we ought to do everything within this opportunity to support our vet- transfer highlights the importance of our power to help people who are will- erans. It is not something that is going addressing the housing needs of our ing to risk their lives for us. to break the bank. In fact, it has a veterans. I had the good fortune or misfortune, minimal impact on the deficit, but it H.R. 384 would also require HUD to I’m not sure which, to pass by a VA can have a huge impact on our vet- submit a comprehensive annual report hospital with a sign out front that erans. to Congress on the housing needs of read, ‘‘Come in and see the price of I thank you, Mr. MCHENRY, and I homeless veterans and the steps under- freedom.’’ yield back the balance of my time. taken by HUD to meet those needs. Something that bears repeating: Mr. MCHENRY. Wishing to close, I ‘‘Come in and see the price of free- yield myself such time as I may con- b 1300 dom.’’ sume. H.R. 384 is a version, in part, of the The price of freedom is quite high, Mr. Speaker, I want to commend my Homes for Heroes Act of 2011, 2009, and Mr. Speaker. The price of freedom will colleagues to this bill. I would like to

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A15MY7.007 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 15, 2013 CONGRESSIONAL RECORD — HOUSE H2631 congratulate my colleague, Mr. GREEN, (62 Stat. 72), as amended by the Act entitled gated to lease or otherwise develop oil and on putting forward such a worthy pro- ‘‘An Act to amend the Act extending the ex- gas resources in which the other party re- posal that is both sensible and at the terior boundary of the Uintah and Ouray In- tains an overriding interest under this sec- dian Reservation in the State of Utah so as same time deeply honors our most- tion. to authorize such State to exchange certain ‘‘(6) COOPERATIVE AGREEMENTS.—The Sec- treasured resource in this country, our mineral lands for other lands mineral in retary of the Interior is authorized to enter returning veterans, to ensure they’re character’’ approved August 9, 1955, (69 Stat. into cooperative agreements with the State well cared for. So I ask my colleagues 544), is further amended by adding at the end and the Ute Indian Tribe of the Uintah and to support this measure. the following: Ouray Reservation to facilitate the relin- With that, I yield back the balance of ‘‘SEC. 5. In order to further clarify author- quishment and selection of lands to be con- izations under this Act, the State of Utah is veyed under this section, and the adminis- my time. hereby authorized to relinquish to the Mr. GENE GREEN of Texas. Mr. Speaker, tration of the overriding interests reserved United States, for the benefit of the Ute In- hereunder.’’. today I rise in support of the Homes for He- dian Tribe of the Uintah and Ouray Reserva- roes Act of 2013 (H.R. 384). tion, State school trust or other State-owned The SPEAKER pro tempore. Pursu- This bill would establish within HUD a Spe- subsurface mineral lands located beneath the ant to the rule, the gentleman from cial Assistant for Veterans Affairs to ensure surface estate delineated in Public Law 440 Utah (Mr. BISHOP) and the gentleman veterans receive fair access to housing and (approved March 11, 1948) and south of the from the Northern Mariana Islands border between Grand County, Utah, and homeless assistance programs and serve as a (Mr. SABLAN) each will control 20 min- Uintah County, Utah, and select in lieu of utes. HUD liaison to the VA. such relinquished lands, on an acre-for-acre I am fully committed to strengthening the basis, any subsurface mineral lands of the The Chair recognizes the gentleman benefits and fulfilling the obligations a grateful United States located beneath the surface es- from Utah. nation owes to its veterans. tate delineated in Public Law 440 (approved GENERAL LEAVE The men and women of our Armed Forces March 11, 1948) and north of the border be- Mr. BISHOP of Utah. I ask unani- tween Grand County, Utah, and Uintah mous consent that all Members may unselfishly answer the call of duty to defend County, Utah, subject to the following condi- our freedom. Congress has a moral obligation tions: have 5 legislative days to revise and ex- to support their returns with housing and other ‘‘(1) RESERVATION BY UNITED STATES.—The tend their remarks and include extra- necessities. Secretary of the Interior shall reserve an neous material on the bill under con- I am proud to live in a country that has such overriding interest in that portion of the sideration. brave men and women, and a country where mineral estate comprised of minerals subject The SPEAKER pro tempore. Is there citizens recognize and appreciate the sac- to leasing under the Mineral Leasing Act (30 objection to the request of the gen- rifices our military makes to defend us. I urge U.S.C. 171 et seq.) in any mineral lands con- tleman from Utah? veyed to the State. my colleagues to stand with our Veterans and There was no objection. ‘‘(2) EXTENT OF OVERRIDING INTEREST.—The Mr. BISHOP of Utah. I yield myself support this bill. overriding interest reserved by the United The SPEAKER pro tempore. The States under paragraph (1) shall consist of— such time as I may consume. question is on the motion offered by ‘‘(A) 50 percent of any bonus bid or other H.R. 356 is called the Hill Creek Cul- the gentleman from North Carolina payment received by the State as consider- tural Preservation and Energy Devel- (Mr. MCHENRY) that the House suspend ation for securing any lease or authorization opment Act, and it’s to promote eco- the rules and pass the bill, H.R. 384, as to develop such mineral resources; nomic development within the Uintah amended. ‘‘(B) 50 percent of any rental or other pay- and Ouray Indian Reservation and to The question was taken. ments received by the State as consideration increase funding for public education for the lease or authorization to develop The SPEAKER pro tempore. In the within the State of Utah, as well as to such mineral resources; protect some culturally and environ- opinion of the Chair, two-thirds being ‘‘(C) a 6.25 percent overriding royalty on in the affirmative, the ayes have it. the gross proceeds of oil and gas production mentally sensitive lands that are with- Mr. MCHENRY. Mr. Speaker, on that under any lease or authorization to develop in that particular reservation. I demand the yeas and nays. such oil and gas resources; and This is a bipartisan bill. It’s sup- The yeas and nays were ordered. ‘‘(D) an overriding royalty on the gross ported by the entire Utah congres- The SPEAKER pro tempore. Pursu- proceeds of production of such minerals sional delegation, the oil and gas in- ant to clause 8 of rule XX, further pro- other than oil and gas, equal to 50 percent of dustry, the Ute Tribe, the Wilderness the royalty rate established by the Secretary ceedings on this motion will be post- Society. Actually, everybody with an of the Interior by regulation as of October 1, IQ over 7 is in support of it. It’s a non- poned. 2011. controversial measure that will au- f ‘‘(3) RESERVATION BY STATE OF UTAH.—The State of Utah shall reserve, for the benefit of thorize the Secretary of the Interior to b 1310 its State school trust, an overriding interest resolve a decades-old land tenure issue HILL CREEK CULTURAL PRESER- in that portion of the mineral estate com- in a manner that’s supported by all VATION AND ENERGY DEVELOP- prised of minerals subject to leasing under parties. MENT ACT the Mineral Leasing Act (30 U.S.C. 181 et In 1948, Congress extended the Uintah seq.) in any mineral lands relinquished by and Ouray Reservation, surrounding Mr. BISHOP of Utah. Mr. Speaker, I the State to the United States. about 18,000 acres of school trust lands move to suspend the rules and pass the ‘‘(4) EXTENT OF OVERRIDING INTEREST.—The and mineral leases that were within bill (H.R. 356) to clarify authority overriding interest reserved by the State that portion. In 1955, Congress at- granted under the Act entitled ‘‘An Act under paragraph (3) shall consist of— tempted to solve the dispute amongst to define the exterior boundary of the ‘‘(A) 50 percent of any bonus bid or other some of these lands, and actually failed Uintah and Ouray Indian Reservation payment received by the United States as consideration for securing any lease or au- in doing so. So the Ute Tribe has long in the State of Utah, and for other pur- thorization to develop such mineral re- protected the southern portion of this poses’’. sources on the relinquished lands; Hill Creek area for cultural and envi- The Clerk read the title of the bill. ‘‘(B) 50 percent of any rental or other pay- ronmental reasons. It’s also in an area The text of the bill is as follows: ments received by the United States as con- that’s known as the Book Cliffs, which H.R. 356 sideration for the lease or authorization to develop such mineral resources; is one of the most remote and rugged Be it enacted by the Senate and House of Rep- ‘‘(C) a 6.25 percent overriding royalty on places within the State of Utah. resentatives of the United States of America in the gross proceeds of oil and gas production The Utah School Institutional Trust Congress assembled, under any lease or authorization to develop Lands Administration, or SITLA, SECTION 1. SHORT TITLE. such oil and gas resources; and which manages the school lands in This Act may be cited as the ‘‘Hill Creek ‘‘(D) an overriding royalty on the gross Utah, has a constitutional mandate to Cultural Preservation and Energy Develop- proceeds of production of such minerals ment Act’’. generate income from trust lands to other than oil and gas, equal to 50 percent of fund the public education. SEC. 2. CLARIFICATION OF AUTHORITY. the royalty rate established by the Secretary The Act entitled ‘‘An Act to define the ex- of the Interior by regulation as of October 1, So, to achieve the desires of the terior boundary of the Uintah and Ouray In- 2011. State, for funding education, and the dian Reservation in the State of Utah, and ‘‘(5) NO OBLIGATION TO LEASE.—Neither the Tribe, to promote their cultural areas, for other purposes’’, approved March 11, 1948 United States nor the State shall be obli- both parties have worked together in a

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.045 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2632 CONGRESSIONAL RECORD — HOUSE May 15, 2013 cooperative way to craft a plan that the gentleman from Utah (Mr. BISHOP) gentleman from North Dakota (Mr. authorizes the Secretary to exchange that the House suspend the rules and CRAMER). land so that areas that are now with pass the bill, H.R. 356. Mr. CRAMER. Thanks to my col- SITLA in the southern part that want The question was taken; and (two- league from Utah. to be preserved will be sent over to the thirds being in the affirmative) the I also want to thank the chairman of reservation. rules were suspended and the bill was the Natural Resources Committee, Mr. Areas in the northern part that have passed. HASTINGS, and the ranking member, mineral resources on them will be A motion to reconsider was laid on Mr. MARKEY, and especially thank the given over to SITLA on an acre-by-acre the table. chairman of the Subcommittee on En- basis. And once the exchange is com- f ergy and Minerals, Mr. LAMBORN, and plete, both the tribe and SITLA will the ranking member, Mr. HOLT. We jointly develop oil and gas resources lo- PILOT PROJECT OFFICES OF FED- worked together on this, and I’m very cated within the northern portion of ERAL PERMIT STREAMLINING proud of the outcome. It’s a rather be- Hill Creek and share in that revenue. PILOT PROJECT nign bill that has rather major rami- American taxpayers will also share in Mr. BISHOP of Utah. Mr. Speaker, I fications, I believe. the mineral revenue. move to suspend the rules and pass the I also want to thank the leadership So, Mr. Speaker, Congress needs to bill (H.R. 767) to amend the Energy at the Bureau of Land Management for take note that this model of how you Policy Act of 2005 to modify the Pilot not only doing an excellent job in man- resolve land tenure issues is an ex- Project offices of the Federal Permit aging the Federal lands in North Da- tremely effective one. Divisive issues Streamlining Pilot Project, as amend- kota, but their support of this bill and in the past can be resolved through a ed. their guidance, frankly, in helping to collaborative process that allows for The Clerk read the title of the bill. craft it in a way that meets the objec- all points of view to be considered and The text of the bill is as follows: tives. heard, as was done in this particular The Energy Policy Act of 2005 estab- bill. In this example, we’re able to bal- H.R. 767 Be it enacted by the Senate and House of Rep- lished a Federal permit streamlining ance these multiple views and, as a re- pilot project to improve the processing sult, we will protect some of our resentatives of the United States of America in Congress assembled, of oil and gas applications for drilling wildest places in Utah and also allow SECTION 1. PILOT PROJECT OFFICES OF FED- on Federal lands. The Montana BLM for responsible oil and gas production ERAL PERMIT STREAMLINING PILOT office in Miles City was included in the that will help in funding the education PROJECT. pilot project, but what was not known system in Utah. Section 365 of the Energy Policy Act of 2005 to the drafters of the legislation then So I’m hoping to replicate this col- (42 U.S.C. 15924) is amended by striking sub- was that North and South Dakota are laborative model to resolve some of the section (d) and inserting the following: under the direct jurisdiction of that re- other longstanding issues that are pub- ‘‘(d) PILOT PROJECT OFFICES.—The following gional office in Miles City. So, without lic land conflicts in my home State of Bureau of Land Management Offices shall serve the word ‘‘Dakotas’’ in the Energy Pol- Utah. as the Pilot Project offices: With that, Mr. Speaker, I reserve the ‘‘(1) Rawlins Field Office, Wyoming. icy Act, North Dakota was excluded ‘‘(2) High Plains District Office, Wyoming. balance of my time. from this pilot project. ‘‘(3) Montana/Dakotas State Office, Montana. That, in normal times, may not be Mr. SABLAN. Mr. Speaker, I yield ‘‘(4) Farmington Field Office, New Mexico. myself as much time as I may con- all that important. But as it turns out, ‘‘(5) Carlsbad Field Office, New Mexico. North Dakota really is the heart of the sume. ‘‘(6) Grand Junction/Glenwood Springs Field (Mr. SABLAN asked and was given Office, Colorado. largest oil play and the most exciting permission to revise and extend his re- ‘‘(7) Vernal Field Office, Utah.’’. oil play going on on the continent. So the streamlining process itself, I marks.) The SPEAKER pro tempore. Pursu- think, deserves some explanation, be- Mr. SABLAN. Mr. Speaker, H.R. 356 ant to the rule, the gentleman from cause I think what I want to do is to clarifies existing law regarding the Utah (Mr. BISHOP) and the gentleman calm the fears of anybody that might Federal Government’s authority to from the Northern Mariana Islands think we’re looking at cutting corners permit land exchanges within the (Mr. SABLAN) each will control 20 min- or expediting regulatory process that boundaries of the Ute Indian Reserva- utes. deserves the rigor that it is receiving. tion in northeastern Utah and resolve The Chair recognizes the gentleman the tribe’s split estate problem caused from Utah. b 1320 by Federal error over 50 years ago. GENERAL LEAVE The legislation returns the sub- What the streamlining process does Mr. BISHOP of Utah. Mr. Speaker, I surface mineral estate to the Ute Tribe is not cut corners, but rather, it ask unanimous consent that all Mem- in a portion of its reservation that the streamlines by co-locating all of the bers have 5 legislative days to revise tribe considers culturally and environ- various federal agencies that have ju- and extend their remarks and to in- mentally significant and, thus, pre- risdiction, like the EPA, like the Bu- clude extraneous materials on the bill serves the area’s pristine wilderness reau of Land Management, perhaps the under consideration. from development. USDA and USGS. And by co-locating Last Congress, the House passed a The SPEAKER pro tempore. Is there them, you actually not only enjoy the virtually identical bill under suspen- objection to the request of the gen- efficiency of everybody working to- sion of the rules by voice vote, and tleman from Utah? gether in the same place, but you actu- again, I urge my colleagues to support There was no objection. ally get some synergy as well, because H.R. 356. Mr. BISHOP of Utah. I yield myself you have the experts in the same room Mr. Speaker, I have no further speak- such time as I may consume. on the same plot of land at the same ers. I yield back the balance of my We are in strong support of this par- time. time. ticular piece of legislation, which This is a bill, as I said, that doesn’t Mr. BISHOP of Utah. Mr. Speaker, would be a name change in the Mon- cut corners and streamlines, but it also the State and the tribe have been try- tana Pilot Project office in Billings, has broad ramifications because I ing to get Congress to act on this Montana, to include the words ‘‘Mon- think that North Dakota is the perfect measure for a number of years. It’s a tana/Dakotas State Office.’’ It’s ex- laboratory for a pilot project like this. widely popular proposal. It’s supported tremely important in this pilot process The reason I say that is because there’s by the State. It’s supported by local that we don’t actually just limit it high demand for processing and a lot of governments. It’s supported by the only to the area of Montana, especially applications for drilling on very few tribes. It is a bipartisan bill, and I urge because the area of North Dakota is so acres. my colleagues to support it. important in the development of these North Dakota is blessed to largely be I yield back the balance of my time. pilot projects. private and State land, not much Fed- The SPEAKER pro tempore. The With that, Mr. Speaker, I yield as eral land. But there are about 2 million question is on the motion offered by much time as he may consume to the Federal acres that BLM has direct

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.048 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 15, 2013 CONGRESSIONAL RECORD — HOUSE H2633 oversight of; that is to say, we have 2 The question was taken. Mr. SABLAN. Mr. Speaker, I also rise million mineral acres, and there are The SPEAKER pro tempore. In the in support of H.R. 573. The bill conveys over 700 permits or applications for opinion of the Chair, two-thirds being to the Commonwealth of the Northern permits to drill on that small plot of in the affirmative, the ayes have it. Marianas the 3 miles of submerged land. Mr. BISHOP of Utah. Mr. Speaker, on lands surrounding each of our 14 is- In North Dakota, the average number that I demand the yeas and nays. lands. I want to thank leaders from of days for getting a permit processed The yeas and nays were ordered. both sides of the aisle, Chairman DOC by the State regulatory body is about The SPEAKER pro tempore. Pursu- HASTINGS and Ranking Member ED 20 days. For the Federal lands, it’s any- ant to clause 8 of rule XX, further pro- MARKEY of the Natural Resources Com- where from 225 to 300 or more days. ceedings on this motion will be post- mittee, and my good friend, Dr. JOHN That’s too much. I certainly don’t ad- poned. FLEMING, chairman of the Fisheries, vocate, nor do I think anybody else f Wildlife, Oceans and Insular Affairs could advocate, streamlining this to AMENDMENT TO PUBLIC LAW 93– Subcommittee, and my good friend, the point of where it only takes 10 or 20 435 WITH RESPECT TO NORTH- Mr. BISHOP from Utah, for managing days to issue a permit on Federal ERN MARIANA ISLANDS today’s bill, all for their support of lands. Clearly, there are 325 million H.R. 573. Mr. BISHOP of Utah. Mr. Speaker, I owners of those Federal lands. It re- The Northern Marianas is the only move to suspend the rules and pass the quires a more robust environmental coastal jurisdiction that does not have bill (H.R. 573) to amend Public Law 93– protection regime. But we can do bet- ownership of the submerged lands off 435 with respect to the Northern Mar- ter than that, and I think we ought to its coasts. H.R. 573 corrects that irreg- iana Islands, providing parity with do better than that. ularity. It provides the same ownership Guam, the Virgin Islands, and Amer- I think the North Dakota experiment rights over the submerged lands as are ican Samoa. is one that people will look back on provided by Federal law to Guam, the and say, that’s the way to do it, that’s The Clerk read the title of the bill. The text of the bill is as follows: United States Virgin Islands, and the right way to do it. We in North Da- American Samoa. H.R. 573 kota care a great deal about our land, Today will be the third time that the about our water, and about our air, and Be it enacted by the Senate and House of Rep- resentatives of the United States of America in House will vote to convey these lands. we look forward to working closely In both the 111th and the 112th Con- with the Federal officials who have an Congress assembled, SECTION 1. AMENDMENT. gress, we approved this transfer unani- equal care in making this work. mously. I hope that the House will I might also just add that this simi- (a) IN GENERAL.—The first section and section 2 of Public Law 93–435 (48 U.S.C. 1705, make the same decision again today. lar bill was passed last year in the Sen- 1706) are amended by inserting ‘‘the Com- And I hope that the other body will ate. It did not get a hearing in the monwealth of the Northern Mariana Is- this time, finally, also agree that the House. The same, a companion bill, has lands,’’ after ‘‘Guam,’’ each place it appears. Northern Mariana Islands should have been introduced again in the Senate (b) REFERENCES TO DATE OF ENACTMENT.— the rights of ownership of our offshore this year by Senator HOEVEN and co- For the purposes of the amendment made by submerged lands and natural resources sponsored by Senator HEITKAMP. It has subsection (a), each reference in Public Law as other coastal areas of America bipartisan support in the Senate. It has 93–435 to the ‘‘date of enactment’’ shall be enjoy. passed the committee over there. It has considered to be a reference to the date of the enactment of this section. For thousands of years, the people of not gotten to the floor yet. the Northern Marianas certainly be- So, again, I appreciate the leadership The SPEAKER pro tempore. Pursu- lieved these resources were ours. It was that the chair and ranking members ant to the rule, the gentleman from not until a 2005 ruling by the Ninth Cir- have provided on this and urge my col- Utah (Mr. BISHOP) and the gentleman cuit Court of Appeals that we were in- leagues to pass this important bill. from the Northern Mariana Islands Mr. SABLAN. Mr. Speaker, I yield (Mr. SABLAN) each will control 20 min- formed that these were not our lands myself such time as I may consume. utes. but instead belonged to the Federal (Mr. SABLAN asked and was given The Chair recognizes the gentleman Government. We were grateful that permission to revise and extend his re- from Utah. there were Members of Congress who marks.) GENERAL LEAVE quickly responded to our plight, for at Mr. SABLAN. Mr. Speaker, H.R. 767 Mr. BISHOP of Utah. Again, I ask the time we had no representation will broaden the geographic reach of a unanimous consent that all Members here. Then-Congressman, now-Senator pilot program created in 2005 to provide may have 5 legislative days to revise JEFF FLAKE, introduced a bill con- additional resources to some BLM field and extend their remarks and include veying these lands shortly after the offices to permit oil and gas develop- extraneous material on this bill under Ninth Circuit ruling. ment and conduct environmental re- consideration. New Mexico Senator Pete Domenici views. The SPEAKER pro tempore. Is there introduced a companion to the Flake The Bureau of Land Management has objection to the request of the gen- measure. As the first representative testified that this pilot program has tleman from Utah? from the Northern Mariana Islands, I led to increased oil and gas inspection There was no objection. have continued their work on this and enforcement capability as a result Mr. BISHOP of Utah. I yield myself issue, as I have said, in the 111th, the of hiring more skilled specialists. The such time as I may consume. 112th, and now in the 113th Congress. Bureau of Land Management has also This bill is a great bill that treats In summary, H.R. 573 costs nothing. stated that the increase in inspections the Northern Marianas the same way Congress has the constitutional au- has led to better compliance by the in- as other colonies by expanding their thority to enact it. The bill will simply dustry and a reduction in major viola- submerged territorial miles. That provide parity—the ownership and re- tions due to the increased number of would be the same as with American sponsibility for submerged surrounding inspectors in the field. Samoa, Guam, and the Virgin Islands. lands and waters that every other We do not oppose this bill, and I ask It is compatible with all other acts. It’s coastal area of our Nation enjoys. support for H.R. 767. a great bill that we passed last year by I want to thank all 36 Members who Mr. Speaker, at this time, I yield a very close vote of 397–0. are cosponsors of this bill, and I ask back the balance of my time. I urge adoption of this bill again. I that my colleagues here today support Mr. BISHOP of Utah. It’s an excel- hope this time the Senate will be wise H.R. 573. lent bill. I urge adoption of it, and I enough to pick it up. With that, I re- Mr. Speaker, I yield back the balance yield back the balance of my time. serve the balance of my time. of my time. The SPEAKER pro tempore. The Mr. SABLAN. I yield myself such Mr. BISHOP of Utah. Mr. Speaker, question is on the motion offered by time as I may consume. it’s a great bill. Let’s hope the third the gentleman from Utah (Mr. BISHOP) (Mr. SABLAN asked and was given time is the charm in the process. I urge that the House suspend the rules and permission to revise and extend his re- support of this bill and yield back the pass the bill, H.R. 767, as amended. marks.) balance of my time.

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.051 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2634 CONGRESSIONAL RECORD — HOUSE May 15, 2013 The SPEAKER pro tempore. The bill (H.R. 767) to amend the Energy Maloney, Peterson Simpson question is on the motion offered by Policy Act of 2005 to modify the Pilot Carolyn Petri Sinema Maloney, Sean Pingree (ME) Sires the gentleman from Utah (Mr. BISHOP) Project offices of the Federal Permit Marchant Pittenger Slaughter that the House suspend the rules and Streamlining Pilot Project, as amend- Marino Pitts Smith (NE) pass the bill, H.R. 573. ed, on which the yeas and nays were or- Massie Pocan Smith (NJ) Matheson Poe (TX) The question was taken; and (two- dered. Smith (TX) Matsui Polis Smith (WA) thirds being in the affirmative) the The Clerk read the title of the bill. McCarthy (CA) Pompeo Southerland rules were suspended and the bill was The SPEAKER pro tempore. The McCarthy (NY) Posey Speier McCaul Price (GA) Stewart passed. question is on the motion offered by McClintock Price (NC) Stivers A motion to reconsider was laid on the gentleman from Utah (Mr. BISHOP) McCollum Radel Stockman McDermott Rahall the table. that the House suspend the rules and Stutzman pass the bill, as amended. McGovern Rangel f McHenry Reed Swalwell (CA) The vote was taken by electronic de- McIntyre Reichert Takano RECESS vice, and there were—yeas 415, nays 1, McKeon Renacci Terry Thompson (CA) The SPEAKER pro tempore. Pursu- not voting 16, as follows: McKinley Ribble McMorris Rice (SC) Thompson (MS) ant to clause 12(a) of rule I, the Chair [Roll No. 147] Rodgers Rigell Thompson (PA) declares the House in recess subject to YEAS—415 McNerney Roby Thornberry the call of the Chair. Meadows Roe (TN) Tiberi Aderholt Daines Hastings (FL) Meehan Rogers (AL) Tierney Accordingly (at 1 o’clock and 29 min- Alexander Davis (CA) Hastings (WA) Meeks Rogers (KY) Tipton utes p.m.), the House stood in recess. Amodei Davis, Danny Heck (NV) Meng Rogers (MI) Titus Andrews Davis, Rodney Heck (WA) Messer Rohrabacher Tonko f Bachmann DeGette Hensarling Mica Rokita Tsongas Bachus Delaney Herrera Beutler b 1704 Michaud Rooney Turner Barber DeLauro Higgins Miller (FL) Ros-Lehtinen Upton Barletta DelBene AFTER RECESS Himes Miller (MI) Roskam Valadao Barr Denham Hinojosa Miller, Gary Ross Van Hollen Barrow (GA) Dent The recess having expired, the House Holding Miller, George Rothfus Vargas Barton DeSantis Holt Moore Roybal-Allard Veasey was called to order by the Speaker pro Beatty DesJarlais Honda Moran Royce Vela tempore (Mr. TERRY) at 5 o’clock and 4 Becerra Deutch Horsford Mullin Ruiz Vela´ zquez Benishek Diaz-Balart minutes p.m. Hoyer Mulvaney Runyan Visclosky Bentivolio Dingell Hudson Murphy (FL) Ruppersberger f Bera (CA) Doggett Wagner Huelskamp Murphy (PA) Rush Walberg Bilirakis Doyle Huffman Nadler Ryan (OH) COMMUNICATION FROM THE Bishop (GA) Duckworth Walden Huizenga (MI) Napolitano Ryan (WI) Walorski CLERK OF THE HOUSE Bishop (NY) Duffy Hultgren Neal Salmon Walz Bishop (UT) Duncan (SC) Hunter Negrete McLeod Sa´ nchez, Linda Waters The SPEAKER pro tempore laid be- Black Duncan (TN) Hurt Neugebauer T. Watt fore the House the following commu- Blackburn Edwards Israel Noem Sanchez, Loretta Weber (TX) Blumenauer Ellison Issa Nolan Sarbanes nication from the Clerk of the House of Webster (FL) Bonamici Ellmers Jackson Lee Nugent Scalise Representatives: Welch Bonner Engel Jeffries Nunes Schakowsky Wenstrup OFFICE OF THE CLERK, Boustany Enyart Jenkins Nunnelee Schiff Westmoreland HOUSE OF REPRESENTATIVES, Brady (PA) Eshoo Johnson (OH) O’Rourke Schneider Whitfield Washington, DC, May 15, 2013. Brady (TX) Esty Johnson, E. B. Olson Schock Williams Braley (IA) Farenthold Johnson, Sam Owens Schrader Hon. JOHN A. BOEHNER, Wilson (FL) Bridenstine Farr Jones Palazzo Schwartz The Speaker, House of Representatives, Wash- Brooks (AL) Fattah Jordan Pallone Schweikert Wilson (SC) ington, DC. Brooks (IN) Fincher Joyce Pascrell Scott (VA) Wittman Broun (GA) Fitzpatrick DEAR MR. SPEAKER: Pursuant to the per- Kaptur Pastor (AZ) Scott, Austin Wolf Brown (FL) Fleischmann mission granted in Clause 2(h) of Rule II of Keating Paulsen Sensenbrenner Womack Brownley (CA) Fleming the Rules of the U.S. House of Representa- Kelly (IL) Payne Serrano Woodall Buchanan Flores tives, the Clerk received the following mes- Kelly (PA) Pearce Sessions Yarmuth Bucshon Forbes Kennedy Pelosi Sewell (AL) Yoder sage from the Secretary of the Senate on Bustos Fortenberry Kildee Perlmutter Shea-Porter Yoho May 15, 2013 at 4:23 p.m.: Butterfield Foster Kilmer Perry Sherman Young (AK) That the Senate passed S. 601. Calvert Foxx Kind Peters (CA) Shimkus Young (FL) With best wishes, I am Camp Frankel (FL) King (IA) Peters (MI) Shuster Young (IN) Sincerely, Cantor Franks (AZ) Capito Frelinghuysen King (NY) KAREN L. HAAS, Kingston NAYS—1 Clerk. Capps Fudge Capuano Gabbard Kinzinger (IL) Amash ´ Kirkpatrick f Cardenas Gallego NOT VOTING—16 Carson (IN) Garamendi Kline ANNOUNCEMENT BY THE SPEAKER Cartwright Garcia Kuster Bass Clyburn Richmond Labrador PRO TEMPORE Cassidy Gardner Burgess Culberson Scott, David Castor (FL) Garrett LaMalfa Campbell DeFazio Wasserman The SPEAKER pro tempore. Pursu- Castro (TX) Gerlach Lamborn Carney Johnson (GA) Schultz ant to clause 8 of rule XX, proceedings Chabot Gibbs Lance Carter Markey Waxman Chu Gibson Langevin Chaffetz Quigley will resume on motions to suspend the Cicilline Gingrey (GA) Lankford rules previously postponed. Clarke Gohmert Larsen (WA) Votes will be taken in the following Clay Goodlatte Larson (CT) b 1729 Latham order: Cleaver Gosar Coble Gowdy Latta So (two-thirds being in the affirma- H.R. 767, by the yeas and nays; Coffman Granger Lee (CA) tive) the rules were suspended and the H.R. 701, by the yeas and nays; Cohen Graves (GA) Levin bill, as amended, was passed. H.R. 384, by the yeas and nays. Cole Graves (MO) Lewis Collins (GA) Grayson Lipinski The result of the vote was announced The first electronic vote will be con- Collins (NY) Green, Al LoBiondo as above recorded. ducted as a 15-minute vote. Remaining Conaway Green, Gene Loebsack A motion to reconsider was laid on Connolly Griffin (AR) Lofgren electronic votes will be conducted as 5- the table. minute votes. Conyers Griffith (VA) Long Cook Grijalva Lowenthal f Cooper Grimm Lowey f Costa Guthrie Lucas PILOT PROJECT OFFICES OF FED- Cotton Gutierrez Luetkemeyer ERAL PERMIT STREAMLINING Courtney Hahn Lujan Grisham COMMUNICATION FROM THE Cramer Hall (NM) PILOT PROJECT Crawford Hanabusa Luja´ n, Ben Ray CLERK OF THE HOUSE The SPEAKER pro tempore. The un- Crenshaw Hanna (NM) The SPEAKER laid before the House Crowley Harper Lummis finished business is the vote on the mo- Cuellar Harris Lynch the following communication from the tion to suspend the rules and pass the Cummings Hartzler Maffei Clerk of the House of Representatives:

VerDate Mar 15 2010 05:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.054 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 15, 2013 CONGRESSIONAL RECORD — HOUSE H2635 OFFICE OF THE CLERK, (Mr. WILSON) is recognized for 1 the events of 2009, Democrat that he HOUSE OF REPRESENTATIVES, minute. may be. I see a whole host of Repub- Washington, DC, May 15, 2013. There was no objection. licans, long friends; and it is, indeed, Hon. JOHN BOEHNER, Mr. WILSON of South Carolina. Mr. an honor to be back with each one of Speaker, House of Representatives, Speaker, South Carolina is very fortu- you. Washington, DC. nate. Due to the quality of life in DEAR MR. SPEAKER: I have the honor to I look forward to working with you transmit herewith a copy of the Certificate South Carolina, tens of thousands are on a whole host of issues. Obviously, of Election received from the Honorable moving to the Palmetto State from the the greatest among them for me will be Mark Hammond, Secretary of State of South Midwest and Northeast, and from efforts to get our financial house back Carolina, indicating that, at the Special around the world. in order here in Washington, D.C. But Election held on May 7, 2013, the Honorable South Carolina has gained a new seat above all else, here on this day, I am Mark Sanford was duly elected Representa- in Congress to include the communities simply humbled to be here. tive in Congress for the First Congressional of Myrtle Beach and Florence, now Each one of our lives involves dif- District, State of South Carolina. held by TOM RICE. This new Seventh ferent journeys, but on that journey I With best wishes, I am District rotated all districts, creating a Sincerely, think that we can, in essence, be taken unique district of the First. The First KAREN L. HAAS, to places wherein we develop levels of District of South Carolina is virtually Clerk. appreciation perhaps that we never had 10 miles wide along the Atlantic Coast Enclosure. before. from McClellanville in Charleston And so I stand here before each one THE STATE OF SOUTH CAROLINA County to Defauskie Island in Beaufort of you more appreciative than I ever By Her Excellency County. It’s a special district to TOM could have been for the honor of work- The Governor and Commander-In-Chief In and myself in that we were both born and Over the State Aforesaid in Charleston, America’s most historic ing with each one of you here in the United States Congress, the Congress CERTIFICATE OF ELECTION FOR TWO-YEAR TERM city. The district is a composite of America. of the Nation most blessed of all na- To the Clerk of the United States House of tions here on this Earth. I stand before Representatives In the district’s first election, TIM SCOTT was elected as only the second you most appreciative of the people of This is to Certify Pursuant to South Caro- the First Congressional District of lina Code § 7–17–330 that on this Seventh Day African American from South Carolina of May, 2013 Mark Sanford, First Congres- elected to Congress in 100 years. We are South Carolina that JOE just alluded sional District, was duly chosen by the quali- grateful Governor Nikki Haley ap- to, a people who have taught me a fied electors of the state of South Carolina pointed Congressman TIM SCOTT to whole lot about love and humility, as representative in Congress from said state serve in the U.S. Senate. This created a about wisdom, and about grace. I stand to represent said state in the House of Rep- replacement primary with 16 partici- before you, I guess, with a whole new resentatives of the United States for the pants, the largest number ever in a appreciation, indeed, for a God of sec- term of two years, beginning on the fifteenth ond chances, and how in the events of day of May 2013. congressional primary. Witness: Her Excellency our Governor We are here today to recognize the our lives, up or down they may be, how Nikki Haley, and our seal hereto affixed at survivor of the primary, run-off, and every one of us can be refined as Columbia, South Carolina this fourteenth general election—Congressman MARK human beings in that process. I stand day of May, in the year of our Lord, 2013. SANFORD. before you as a human being most ap- NIKKI R. HALEY, I yield to Congressman DAVID PRICE preciative in whole new ways for the Governor. of North Carolina. significance of family and friends. MARK HAMMOND, Mr. PRICE of North Carolina. I In that regard, I see Belen up there; Secretary of State. thank the gentleman for yielding. I see my sons Marshall and Landon; I [State Seal Affixed] Mr. Speaker, I rise in place of the see my sister Sarah and her husband, f dean of the South Carolina delegation, Bill; I see my mom, Peg; I see a long SWEARING IN OF THE HONORABLE Congressman JIM CLYBURN, who is list of different friends. MARK SANFORD, OF SOUTH away this week on family medical leave, and asked me to read this state- CAROLINA, AS A MEMBER OF b 1740 THE HOUSE ment: Swearing-in Day is always about new be- I would thank them for their pres- The SPEAKER. Will Representative- ginnings. In that spirit, I want to extend the ence here to share this day. I would elect Sanford and the members of the hand of collegiality to Mark Sanford as he thank a long list of friends, whether South Carolina delegation present begins a new chapter of service to the people that’s Buff Chace, whom I’ve known for themselves in the well. of South Carolina and this great country in the whole of my life, or somebody like All Members will rise and the Rep- the U.S. House of Representatives. Though Joe Taylor, who was my Secretary of resentative-elect will please raise his our past differences have been widely chron- icled and we bring different sets of experi- Commerce while I was Governor. right hand. In essence, each one of them is an Mr. SANFORD appeared at the bar of ences to the public square, I will always work to find common ground as we fulfill our emissary, a representative, to thou- the House and took the oath of office, duties and responsibilities to the people who sands who were so kind to hold me up as follows: sent us here. through the last couple of years and to Do you solemnly swear that you will sup- Mr. Speaker, MARK SANFORD’s col- be instrumental in this election that port and defend the Constitution of the leagues in the Carolinas delegations brought me to this very place. Above United States against all enemies, foreign and domestic; that you will bear true faith join Mr. CLYBURN in wishing MARK well all else, though, I am simply humbled and allegiance to the same; that you take and welcoming him back to the House. to be here, and I look forward to work- this obligation freely, without any mental Mr. WILSON of South Carolina. I ing with each one of you. reservation or purpose of evasion; and that yield to Congressman MARK SANFORD Mr. WILSON of South Carolina. Mr. you will well and faithfully discharge the du- of the First District of South Carolina. Speaker, I yield back the balance of ties of the office on which you are about to Mr. SANFORD. Mr. Speaker, ladies my time. enter, so help you God. and gentlemen of the House of Rep- The SPEAKER. Congratulations, you resentatives of the United States Con- f are now a Member of the 113th Con- gress, I look forward to working with gress. each one of you. Republican and Demo- ANNOUNCEMENT BY THE SPEAKER f crat, different perspectives we may hold, but at the end of the day we are The SPEAKER. Under clause 5(d) of WELCOMING THE HONORABLE here to represent the people of South rule XX, the Chair announces to the MARK SANFORD TO THE HOUSE Carolina, and I look forward to going House that, in light of the administra- OF REPRESENTATIVES about that business with you. tion of the oath to the gentleman from The SPEAKER. Without objection, I see friends, like ELIOT ENGEL, who South Carolina, the whole number of the gentleman from South Carolina were so kind to call me in the wake of the House is 434.

VerDate Mar 15 2010 05:20 May 16, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A15MY7.015 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2636 CONGRESSIONAL RECORD — HOUSE May 15, 2013 RULEMAKING DEADLINE Kaptur Mulvaney Schrader So (two-thirds being in the affirma- EXEMPTING CERTAIN SECURITIES Keating Murphy (FL) Schwartz tive) the rules were suspended and the Kelly (IL) Murphy (PA) Schweikert The SPEAKER. Without objection, 5- Kelly (PA) Napolitano Scott (VA) bill, as amended, was passed. minute voting will continue. Kennedy Neal Scott, Austin The result of the vote was announced Kildee Negrete McLeod Scott, David as above recorded. There was no objection. Kilmer Neugebauer Sensenbrenner A motion to reconsider was laid on The SPEAKER. The unfinished busi- Kind Noem Serrano King (IA) Nolan the table. ness is the vote on the motion to sus- Sessions King (NY) Nugent Sewell (AL) Stated for: pend the rules and pass the bill (H.R. Kingston Nunes Shea-Porter Mr. GENE GREEN of Texas. Mr. Speaker, 701) to amend a provision of the Securi- Kinzinger (IL) Nunnelee Sherman on rollcall No. 148, had I been present, I ties Act of 1933 directing the Securities Kirkpatrick O’Rourke Shimkus Kline Olson would have voted ‘‘yea.’’ and Exchange Commission to add a Shuster Kuster Owens Simpson Labrador Palazzo particular class of securities to those Sinema f LaMalfa Pallone exempted under such Act to provide a Sires Lamborn Pascrell Slaughter deadline for such action, as amended, Lance Pastor (AZ) HOMES FOR HEROES ACT OF 2013 Smith (NE) on which the yeas and nays were or- Langevin Paulsen Smith (NJ) The SPEAKER pro tempore. The un- dered. Lankford Payne Larsen (WA) Pearce Smith (TX) finished business is the vote on the mo- The Clerk read the title of the bill. Larson (CT) Pelosi Smith (WA) tion to suspend the rules and pass the The SPEAKER. The question is on Latham Perlmutter Southerland bill (H.R. 384) to establish the position the motion offered by the gentleman Latta Perry Speier Stewart of Special Assistant for Veterans Af- from North Carolina (Mr. MCHENRY) Lee (CA) Peters (CA) Levin Peters (MI) Stivers fairs in the Office of the Secretary of that the House suspend the rules and Lewis Peterson Stockman Housing and Urban Development by pass the bill, as amended. Lipinski Petri Stutzman transferring the Special Assistant for This is a 5-minute vote. LoBiondo Pingree (ME) Swalwell (CA) Loebsack Pittenger Takano Veterans Affairs to the Office of the The vote was taken by electronic de- Lofgren Pitts Terry Secretary of HUD, and for other pur- vice, and there were—yeas 416, nays 6, Long Pocan Thompson (CA) poses, as amended, on which the yeas not voting 11, as follows: Lowenthal Poe (TX) Thompson (MS) Lowey Polis Thompson (PA) and nays were ordered. [Roll No. 148] Lucas Pompeo Thornberry The Clerk read the title of the bill. YEAS—416 Luetkemeyer Posey Tiberi The SPEAKER pro tempore. The Lujan Grisham Price (GA) Tierney question is on the motion offered by Aderholt Coble Fudge (NM) Price (NC) Tipton Alexander Coffman Gabbard Luja´ n, Ben Ray Radel Titus the gentleman from North Carolina Amash Cole Gallego (NM) Rahall Tonko (Mr. MCHENRY) that the House suspend Amodei Collins (GA) Garamendi Lummis Rangel Tsongas Andrews Collins (NY) Garcia the rules and pass the bill, as amended. Lynch Reed Turner Bachmann Conaway Gardner This is a 5-minute vote. Maloney, Reichert Upton Bachus Connolly Garrett Carolyn Renacci Valadao The vote was taken by electronic de- Barber Conyers Gerlach Maloney, Sean Ribble Van Hollen vice, and there were—yeas 420, nays 3, Barletta Cook Gibbs Marchant Rice (SC) Barr Cooper Gibson Vargas not voting 10, as follows: Marino Richmond Veasey Barrow (GA) Costa Gingrey (GA) Massie Rigell [Roll No. 149] Barton Cotton Goodlatte Vela Matheson Roby ´ Bass Courtney Gosar Velazquez YEAS—420 Matsui Roe (TN) Visclosky Beatty Cramer Gowdy McCarthy (CA) Rogers (AL) Aderholt Cartwright Duckworth Wagner Becerra Crawford Granger McCarthy (NY) Rogers (KY) Alexander Cassidy Duffy Walberg Benishek Crenshaw Graves (GA) McCaul Rogers (MI) Amodei Castor (FL) Duncan (SC) Walden Bentivolio Crowley Graves (MO) McClintock Rohrabacher Andrews Castro (TX) Duncan (TN) Walorski Bera (CA) Cuellar Green, Al McCollum Rokita Bachmann Chabot Edwards Walz Bilirakis Cummings Griffin (AR) McDermott Rooney Bachus Chaffetz Ellison Bishop (GA) Daines Griffith (VA) McGovern Ros-Lehtinen Waters Barber Chu Ellmers Bishop (NY) Davis (CA) Grijalva McHenry Roskam Watt Barletta Cicilline Engel Bishop (UT) Davis, Danny Grimm McIntyre Ross Waxman Barr Clarke Enyart Black Davis, Rodney Guthrie McKeon Rothfus Weber (TX) Barrow (GA) Clay Eshoo Blackburn DeFazio Gutierrez McKinley Roybal-Allard Webster (FL) Barton Cleaver Esty Blumenauer DeGette Hahn McMorris Royce Welch Bass Coble Farenthold Bonamici Delaney Hall Rodgers Ruiz Wenstrup Beatty Coffman Farr Bonner DeLauro Hanabusa McNerney Runyan Westmoreland Becerra Cohen Fattah Boustany DelBene Hanna Meadows Ruppersberger Whitfield Benishek Cole Fincher Brady (PA) Denham Harper Meehan Rush Williams Bentivolio Collins (GA) Fitzpatrick Brady (TX) Dent Harris Meeks Ryan (OH) Wilson (FL) Bera (CA) Collins (NY) Fleischmann Braley (IA) DeSantis Hartzler Meng Ryan (WI) Wilson (SC) Bilirakis Conaway Fleming Bridenstine DesJarlais Hastings (FL) Messer Salmon Wittman Bishop (GA) Connolly Flores Brooks (AL) Deutch Hastings (WA) Mica Sa´ nchez, Linda Wolf Bishop (NY) Conyers Forbes Brooks (IN) Diaz-Balart Heck (NV) Michaud T. Womack Bishop (UT) Cook Fortenberry Broun (GA) Doggett Heck (WA) Miller (FL) Sanchez, Loretta Woodall Black Cooper Foster Brown (FL) Doyle Hensarling Miller (MI) Sanford Yarmuth Blackburn Costa Foxx Brownley (CA) Duckworth Herrera Beutler Miller, Gary Sarbanes Yoder Blumenauer Cotton Frankel (FL) Buchanan Duffy Higgins Miller, George Scalise Yoho Bonamici Courtney Franks (AZ) Bucshon Duncan (SC) Himes Moore Schiff Young (AK) Bonner Cramer Frelinghuysen Burgess Duncan (TN) Hinojosa Moran Schneider Young (FL) Boustany Crawford Fudge Bustos Edwards Holding Mullin Schock Young (IN) Brady (PA) Crenshaw Gabbard Butterfield Ellison Horsford Brady (TX) Crowley Gallego Calvert Ellmers Hoyer NAYS—6 Braley (IA) Cuellar Garamendi Camp Engel Hudson Cohen Holt Nadler Bridenstine Cummings Garcia Cantor Enyart Huelskamp Dingell Maffei Schakowsky Brooks (AL) Daines Gardner Capito Eshoo Huffman Brooks (IN) Davis (CA) Garrett Capps Esty Huizenga (MI) NOT VOTING—11 Brown (FL) Davis, Danny Gerlach Capuano Farenthold Hultgren Brownley (CA) Davis, Rodney Gibbs Campbell Gohmert Markey Ca´ rdenas Farr Hunter Buchanan DeFazio Gibson Carney Grayson Quigley Carson (IN) Fattah Hurt Bucshon DeGette Gingrey (GA) Clyburn Green, Gene Wasserman Carter Fincher Israel Burgess Delaney Gohmert Culberson Honda Schultz Cartwright Fitzpatrick Issa Bustos DeLauro Goodlatte Cassidy Fleischmann Jackson Lee ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Butterfield DelBene Gosar Castor (FL) Fleming Jeffries Calvert Denham Gowdy Castro (TX) Flores Jenkins The SPEAKER pro tempore (Mr. Camp Dent Granger Chabot Forbes Johnson (GA) TERRY) (during the vote). There is 1 Cantor DeSantis Graves (GA) Chaffetz Fortenberry Johnson (OH) minute remaining. Capito DesJarlais Graves (MO) Chu Foster Johnson, E. B. Capps Deutch Grayson Cicilline Foxx Johnson, Sam b 1746 Capuano Diaz-Balart Green, Al Clarke Frankel (FL) Jones Ca´ rdenas Dingell Green, Gene Clay Franks (AZ) Jordan Mr. HOLT changed his vote from Carson (IN) Doggett Griffin (AR) Cleaver Frelinghuysen Joyce ‘‘yea’’ to ‘‘nay.’’ Carter Doyle Griffith (VA)

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.063 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 15, 2013 CONGRESSIONAL RECORD — HOUSE H2637 Grijalva Matheson Runyan NOT VOTING—10 Mr. TIPTON. Mr. Speaker, I rise Grimm Matsui Ruppersberger Campbell Holt Rush today to recognize Clara Bancroft of Guthrie McCarthy (CA) Ryan (OH) Carney Markey Wasserman Gutierrez McCarthy (NY) Ryan (WI) Durango, Colorado. Clara is one of the Clyburn Miller, George Schultz Hahn McCaul Salmon Culberson Quigley exceptional stories to come out of our Hall McClintock Sa´ nchez, Linda Nation’s complex immigration system. Hanabusa McCollum T. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE An Argentine by birth, Clara chose to Hanna McDermott Sanchez, Loretta The SPEAKER pro tempore (during Harper McGovern Sanford pursue a United States citizen resi- Harris McHenry Sarbanes the vote). There are 2 minutes remain- dency and eventual citizenship. She did Hartzler McIntyre Scalise ing. so entirely within the legal immigra- Hastings (FL) McKeon Schakowsky b 1753 tion system. Hastings (WA) McKinley Schiff Born in Las Garcitas in the Chaco Heck (NV) McMorris Schneider So (two-thirds being in the affirma- province of northern Argentina in 1967, Heck (WA) Rodgers Schock tive) the rules were suspended and the Hensarling McNerney Clara was the ninth of 13 children. Her Schrader bill, as amended, was passed. Herrera Beutler Meadows Schwartz parents were poor ranchers who often Meehan The result of the vote was announced Higgins Schweikert struggled to afford food, and her child- Himes Meeks Scott (VA) as above recorded. hood home had no electricity. When Hinojosa Meng Scott, Austin The title of the bill was amended so Holding Messer Clara was only 8 years old, she had to Scott, David as to read: ‘‘to transfer the position of Honda Mica Sensenbrenner leave school and become the sole care- Special Assistant for Veterans Affairs Horsford Michaud Serrano taker for her grandmother. After the Hoyer Miller (FL) in the Department of Housing and Sessions passing of her grandmother, she moved Hudson Miller (MI) Sewell (AL) Urban Development to the Office of the Miller, Gary to Buenos Aires at the age of 16, where Huelskamp Shea-Porter Secretary, and for other purposes.’’ Huffman Moore Sherman she worked as a nanny and returned to A motion to reconsider was laid on Huizenga (MI) Moran Shimkus school. In 2001, while working as a re- Hultgren Mullin Shuster the table. Hunter Mulvaney ceptionist at the BV Group, she met Simpson PERSONAL EXPLANATION Hurt Murphy (FL) Sinema her soon-to-be husband, Paul Bancroft. Israel Murphy (PA) Sires Mr. CARNEY. Mr. Speaker, I wish to clarify In February of 2002, Clara came to Issa Nadler Slaughter my position for the RECORD on rollcall votes visit her future husband as a tourist Jackson Lee Napolitano Smith (NE) 147 through 149 cast on May 15, 2013. under the U.S. visa waiver program. Jeffries Neal Smith (NJ) On rollcall vote No. 147, on consideration of Jenkins Negrete McLeod Smith (TX) While she was in America, that pro- Johnson (GA) Neugebauer Smith (WA) H.R. 767 I did not vote. It was my intention to gram was unexpectedly ended with Ar- Johnson (OH) Noem Southerland vote ‘‘aye.’’ gentina. Respecting U.S. immigration Johnson, E. B. Nolan Speier On rollcall vote No. 148, on consideration of law, Mrs. Bancroft returned to her Johnson, Sam Nugent Stewart H.R. 701 I did not vote. It was my intention to Jones Nunes Stivers home country as she worked to be able Jordan Nunnelee Stockman vote ‘‘aye.’’ to get her visa. While still navigating Joyce O’Rourke Stutzman On rollcall vote No. 149, on consideration of the immigration system, Mr. and Mrs. Kaptur Olson Swalwell (CA) H.R. 384 I did not vote. It was my intention to Bancroft were married in October of Keating Owens Takano vote ‘‘aye.’’ 2002, and after nearly a year of legal Kelly (IL) Palazzo Terry Kelly (PA) Pallone Thompson (CA) f battles, Mrs. Bancroft returned to the Kennedy Pascrell Thompson (MS) REPORT ON RESOLUTION PRO- United States and reunited with her Kildee Pastor (AZ) Thompson (PA) Paulsen husband in January of 2003. Kilmer Thornberry VIDING FOR CONSIDERATION OF Payne Since coming to America, Mrs. Ban- Kind Tiberi H.R. 45, REPEAL OF PATIENT Pearce King (IA) Tierney PROTECTION AND AFFORDABLE croft has learned English, and in 2008 Pelosi King (NY) Tipton the Bancrofts welcomed their son, Bill, Perlmutter CARE ACT Kingston Titus Perry into their family. On November 15, Kinzinger (IL) Tonko Mr. SESSIONS, from the Committee Kirkpatrick Peters (CA) 2012, Clara took the oath of citizenship Tsongas Kline Peters (MI) on Rules, submitted a privileged report Turner in the United States. She is a proud Kuster Peterson (Rept. No. 113–59) on the resolution (H. Upton citizen and loves her adopted country. Labrador Petri Valadao Res. 215) providing for consideration of Mr. Speaker, it is an honor to recog- LaMalfa Pingree (ME) Van Hollen the bill (H.R. 45) to repeal the Patient Lamborn Pittenger nize Mrs. Clara Bancroft for over- Vargas Lance Pitts Protection and Affordable Care Act and coming adversity and achieving the Veasey Langevin Pocan health care-related provisions in the Vela American Dream by becoming a citizen Lankford Poe (TX) Vela´ zquez Health Care and Education Reconcili- of the United States of America. Larsen (WA) Polis Visclosky ation Act of 2010, which was referred to Larson (CT) Pompeo Wagner f Latham Posey the House Calendar and ordered to be Walberg Latta Price (GA) printed. Walden b 1800 Lee (CA) Price (NC) f Levin Radel Walorski Lewis Rahall Walz REPORT ON RESOLUTION PRO- ADDRESSING CLIMATE CHANGE Waters Lipinski Rangel VIDING FOR CONSIDERATION OF ´ LoBiondo Reed Watt (Mr. BEN RAY LUJAN of New Mex- Loebsack Reichert Waxman H.R. 1062, SEC REGULATORY AC- ico asked and was given permission to Lofgren Renacci Weber (TX) COUNTABILITY ACT address the House for 1 minute and to Long Ribble Webster (FL) Welch Mr. SESSIONS, from the Committee revise and extend his remarks.) Lowenthal Rice (SC) ´ Lowey Richmond Wenstrup on Rules, submitted a privileged report Mr. BEN RAY LUJAN of New Mexico. Lucas Rigell Westmoreland (Rept. No. 113–60) on the resolution (H. Mr. Speaker, the news that carbon di- Luetkemeyer Roby Whitfield Res. 216) providing for consideration of oxide in the atmosphere passed 400 Williams Lujan Grisham Roe (TN) parts per million for the first time in (NM) Rogers (AL) Wilson (FL) the bill (H.R. 1062) to improve the con- Luja´ n, Ben Ray Rogers (KY) Wilson (SC) sideration by the Securities and Ex- human history should serve as a wake- (NM) Rogers (MI) Wittman change Commission of the costs and up call that we can no longer ignore Lummis Rohrabacher Wolf benefits of its regulations and orders, the threat of climate change. Now, I Lynch Rooney Womack know there are some that still don’t Maffei Ros-Lehtinen Woodall which was referred to the House Cal- Maloney, Roskam Yarmuth endar and ordered to be printed. believe in science and still believe that Carolyn Ross Yoder f climate change isn’t real, but we Maloney, Sean Rothfus Yoho should all agree that this is a problem Marchant Roybal-Allard Young (AK) RECOGNIZING CLARA BANCROFT Marino Royce Young (FL) that we have to confront. Massie Ruiz Young (IN) (Mr. TIPTON asked and was given Addressing climate change is not permission to address the House for 1 only important for our environment, NAYS—3 minute and to revise and extend his re- but also for our economy. Creating a Amash Broun (GA) Rokita marks.) clean energy economy powered by

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A15MY7.018 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2638 CONGRESSIONAL RECORD — HOUSE May 15, 2013 solar, wind, and other renewable re- Mr. PETERS of California. Mr. NATIONAL POLICE WEEK sources will spur new jobs, new techno- Speaker, today I rise to honor Military (Ms. GABBARD asked and was given logical advancements, and grow our Mental Health Awareness Day. Mental permission to address the House for 1 economy. health issues continue to carry a sig- minute.) In order to ensure that we can com- nificant stigma in our country, but it Ms. GABBARD. Mr. Speaker, I rise pete and win in the global market to is time that we recognize the chal- today to honor the brave men and develop clean energy technologies, it is lenges that many current servicemem- women who serve in our police forces. vital that we have a trained workforce bers and veterans are facing, and we Every day, police officers put their own ready to work. That’s why this week I work to address their needs. lives in danger in order to keep our reintroduced the Community College Post-traumatic stress is all too prev- families safe. Many have made the ulti- Energy Training Act, legislation to alent in our servicemembers and vet- mate sacrifice in the line of duty. support clean energy job-training pro- erans. As a country, beyond partisan- This week, we celebrate our local he- grams in our community colleges. ship, we must come together to tackle roes during National Police Week. In Community colleges play an integral this issue. Our men and women in uni- order to support the National Law En- role in training and retraining Ameri- form deserve our dedication, just as we forcement Memorial, my sister Davan, cans who want to get ahead and learn ask them to dedicate their lives to our a deputy U.S. marshal, joined more the skills that will open up new oppor- Nation’s service. than 1,800 officers last weekend in a tunities. In San Diego, nearly 5,000 veterans 300-mile memorial bike ride from New By investing in training programs in were treated for post-traumatic stress Jersey to Washington, D.C. She hon- the clean energy sector, we can lay the in 2011 according to the VA. We are for- ored the memory of three Hawaii offi- foundation for success in a field that tunate in San Diego to have medical cers killed in the line of duty last year: holds such great potential and prepare institutions that provide innovative Eric Fontes, Chad Morimoto, and Gar- our students for the good jobs of to- models of care to our servicemembers ret Davis. They’ve been honored on the morrow. and veterans; and it is my hope that national memorial’s wall; and in Ha- f with further attention to this issue, we waii, we’re working to establish a local FEDERAL GOVERNMENT ESCAPE can bring some of those standards of memorial, which will be the last State ARTISTS care to the rest of the country. in the country to do so. Mr. Speaker, I ask my colleagues to Today, I honor these everyday heroes (Mr. POE of Texas asked and was help me bring attention to this issue and their families for their unwavering given permission to address the House by working with service providers, dedication to the safety and service of for 1 minute.) others. Mr. POE of Texas. Mr. Speaker, counselors, and military groups in f there’s a troubling pattern here in their communities as we continue to Washington. When wrongdoing occurs honor the sacrifices these servicemem- DEFENSE AND VETERANS involving Federal Government employ- bers make for us. APPROPRIATIONS ees, blame falls away from the White (Mr. FORTENBERRY asked and was f House and the wrong-doers get a pass. given permission to address the House No one is held accountable. for 1 minute and to revise and extend Exhibit A: Fast and Furious. Govern- FARRM ACT OF 2013 his remarks.) ment walks guns into Mexico. Two (Mr. THOMPSON of Pennsylvania Mr. FORTENBERRY. Mr. Speaker, Americans and hundreds of Mexican asked and was given permission to ad- America wants Congress to get things nationals are killed. White House dress the House for 1 minute and to redone, and lately that’s been pretty blames Bush and a low-level employee. vise and extend his remarks.) tough. A deep philosophical divide Employee resigns; government gets a Mr. THOMPSON of Pennsylvania. often separates us, but there are cer- pass. Mr. Speaker, today the House Agri- tain things that have to get done. The Exhibit B: Benghazi. Government de- culture Committee is marking up a 5- military has to protect our country, nies request for support before and dur- year farm bill reauthorization, the and America has to care for her vet- ing the attack. Four Americans are Federal Agriculture Reform and Risk erans. killed. Investigation is bungled. Blame Management Act of 2013, or FARRM While Congress is stuck in many is placed on a YouTube video. One Fed- Act. areas, both parties this morning took a eral employee placed on leave, but still unified step forward in defense of our The FARRM Act is a commonsense getting a paycheck. Government gets a country and in service to our veterans. package of agriculture reforms that pass. Mr. Speaker, in a small hearing room will save taxpayers nearly $40 billion Exhibit C: IRS target list. IRS un- right below here, the Military Con- while strengthening the economic lawfully targets conservative organiza- struction and Veterans Appropriations health of our family farms and small tions. Blame is placed on low-level em- Committee said ‘‘yes’’ in a bipartisan businesses. The bill is the product of a ployee, and we’re waiting for account- manner to meet our Defense Depart- multiyear policy assessment designed ability. ment infrastructure needs and to prop- to modernize Federal agriculture pol- Exhibit D: DOJ subpoenas reporters’ erly care for our veterans. phone records to silence a leak. Attor- icy and achieve substantial deficit re- The bill spends a little less than the ney General Holder recuses himself. duction. President asked for and a little more We’re waiting for who’s responsible. The FARRM Act delivers on both than last year. Projects not justified Mr. Speaker, this is a disturbing pat- fronts, while offering American agri- are removed, others are properly fund- tern. The so-called most transparent culture the tools to grow and prosper. ed. The bill also compels both the De- administration in history appears to be The bill reduces regulatory burden on partment of Defense and Veterans Af- obstinately blocking the truth from small businesses and makes needed re- fairs to use a single integrated elec- the American public. America is tired forms to nutrition assistance pro- tronic health record, ensuring a seam- of unaccountable escape artists in the grams. It will help protect our forests less transition of care for our Federal Government. and better manage our lands. warfighters leaving service. This ought not to be, but that’s just Mr. Speaker, we can no longer allow Mr. Speaker, this morning we got to the way it is. partisan gridlock to prevent this reau- a ‘‘yes’’ on that which is essential and f thorization from becoming law. The right. bill is good for the economy. It pro- f MILITARY MENTAL HEALTH motes jobs and growth. It achieves def- AWARENESS DAY icit reduction. And it secures the abil- CONGRESSIONAL BLAME GAMES (Mr. PETERS of California asked and ity of American agriculture to con- (Ms. JACKSON LEE asked and was was given permission to address the tinue providing the safest and most given permission to address the House House for 1 minute.) abundant food supply in the world. for 1 minute.)

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.068 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 15, 2013 CONGRESSIONAL RECORD — HOUSE H2639 Ms. JACKSON LEE. Mr. Speaker, NATIONAL LAW ENFORCEMENT nounced policy of January 3, 2013, the this almost seems like the ‘‘Curious WEEK gentleman from Pennsylvania (Mr. Case of Benjamin Button,’’ a movie (Mrs. BROOKS of Indiana asked and MURPHY) is recognized for 60 minutes that went backwards, particularly was given permission to address the as the designee of the majority leader. when tomorrow, for the umpteenth House for 1 minute and to revise and Mr. MURPHY of Pennsylvania. Mr. time, we’ll be debating the repeal of extend her remarks.) Speaker, we’re here tonight to talk the Affordable Care Act, when over 10 Mrs. BROOKS of Indiana. This week about health care, something that is States in the United States, including is National Law Enforcement Week important to all of us, something that Texas, have uninsureds up to 28 per- and, as chair of the Homeland Security we have been discussing in this Cham- cent. Committee’s Emergency Preparedness, ber for the last few years, trying to What are we thinking? Response, and Communications Sub- make health care affordable and acces- It’s a curious state when, in the Judi- committee, and as someone who’s sible to many American families. ciary Committee, someone can come in worked closely with law enforcement A couple of years ago, out of this and offer an audio as testimony that as a former deputy mayor of Indianap- Chamber, a bill was passed, one that the person who is on there happens to olis and U.S. Attorney, I want to mark many didn’t even get a chance to read. be someone who worked in the Depart- this moment. But we were told, in preparation for ment of Justice with no affirmation of Men and women of law enforcement that, the American people were told who it is, and then expect the Attorney run into the most difficult situations there would be tremendous benefits to General to answer questions. And in while the rest of us are trying to get passing the President’s health care the instance of who it was supposed to out. They spend their lives in harm’s law. The President of the United States be, Mr. Perez, who has been cited by way to keep the rest of us out of it. himself said it would cut health care the OIG as restoring integrity to the When I toured the flood damage just costs by $2,500 per family per year. voting rights section, or in fact blam- last month in Grant, Howard and Tip- We were also told there are a number ing the administration for the Associ- ton counties, I learned the police had of benefits, such as no lifetime caps, a ated Press incident when we’re talking gone door to door to make sure that number of prevention benefits, cer- about trying to protect the Nation everyone had evacuated. tainly ones that many of us agree with. from a terrible attack as it relates to When I was U.S. Attorney, I spoke at But to get the benefits of the health terrorism. And everyone knows that the funeral of Officer Jake Laird, who care bill, we were also told by then- we’re unified in protecting the First was shot and killed by a mentally ill Speaker PELOSI that we had to pass the Amendment rights and shielding re- gunman. Officers ran in to save a bill to find out what is in it. We have, porters. We’re not looking for report- neighborhood under siege. since then, found out many of the ers; we’re looking for those who leaked Historically, Indiana law enforce- things that are in it, and many of those something dangerous enough to under- ment has lost 406 individuals in the we are still discovering as time goes mine the security of the United States line of duty. These men and women on. Tonight we’ll discuss what is the Af- of America. gave their lives for their fellow Hoo- This is a curious place. It’s nothing siers. We are forever grateful to them fordable Care Act and many aspects of it that concern us deeply, and why it but a blame game without revealing and to their survivors, and honor their must be repealed, because just the good any truth whatsoever. memories by supporting and honoring their service and those who proudly intentions of the bill are not enough. f wear the badge. Good intentions do not guarantee good b 1810 f results. What we will discuss tonight is a RELIGIOUS FREEDOM AND THE SERIOUS CONSEQUENCES OF THE study that has told us some shocking PENTAGON IMPLEMENTATION OF OBAMACARE information: how premiums will go up, (Mr. FLEMING asked and was given (Mr. MARCHANT asked and was on average, 96 percent, even more so permission to address the House for 1 given permission to address the House for young men and for women before minute and to revise and extend his re- for 1 minute.) retirement. marks.) Mr. MARCHANT. Mr. Speaker, it We will discuss new findings that Mr. FLEMING. Mr. Speaker, I want seems like each day a new study or re- show massive premiums increases for to be certain that the administration port is released that finds serious con- families, for individuals, for small busi- and Pentagon leadership do not deny sequences coming from ObamaCare’s nesses across the country. To many of our men and women in uniform one of implementation. these Americans, they will wake up, the very freedoms they are fighting to The law is already hurting job cre- when they get their health care bills, protect. ation. This was evidenced in the latest and find the Affordable Care Act is not On Monday, I led on a letter sent to jobs report, which showed an increase affordable. Defense Secretary Hagel demanding de- in the number of part-time workers But first, let us review again some of tails about a meeting between Pen- and a decrease in the average number the promises and the reality of that Af- tagon officials and anti-Christian ex- of hours worked each week. fordable Care Act. To seniors, the tremist, Mikey Weinstein. Weinstein This law is also raising insurance President’s promised that these re- has spent 9 years at war, those are his premiums, increasing deficits, and will forms will not cut your guaranteed words, at war with evangelical Chris- reduce the quality of health care for benefits. What we’ve discovered is that tians, who, he says, are committing Americans across the country. there were more than $500 billion in ‘‘spiritual rape’’ against the U.S. mili- Opposition to this law is bipartisan. cuts to Medicare that the administra- tary, Christians who are merely exer- In fact, a recent Fox News poll found tion’s own actuary predicts will lead to cising their First Amendment right, or that 56 percent of people that identified providers no longer accepting Medi- primary duties, in the case of chap- themselves as Democrats were against care, meaning that doctors that seniors lains. the thousands of pages of ObamaCare have been seeing for a while will sim- Mr. Weinstein exploits freedom of regulations and called them ‘‘way over ply say, we can no longer afford to pro- speech to name-call and to label Chris- the top.’’ vide this. tians as the ‘‘Christian Taliban’’ and We must now repeal this law and get The nonpartisan Congressional Budg- ‘‘al Qaeda.’’ But he seeks to shut down to work on reforms that lower costs, et Office predicted that, for Medicare the religious freedom of expression of improve the quality of care, and pro- Advantage, these cuts ‘‘could lead servicemembers in the process. tect jobs. many plans to limit the benefits they I am troubled with several anti- f offer, raise their premiums, or with- Christian steps the Pentagon has taken draw from the program.’’ in recent years. That is why my col- WHY THE AFFORDABLE CARE ACT It’s important to understand that leagues and I seek answers from Sec- MUST BE REPEALED Medicare Advantage is the program retary Hagel on this important ques- The SPEAKER pro tempore (Mr. that provides a wide range of preventa- tion now. MASSIE). Under the Speaker’s an- tive services and disease management

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.069 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2640 CONGRESSIONAL RECORD — HOUSE May 15, 2013 for seniors. The very things that people The President also said: up even more, and quite dramatically talked about what we should be doing I can make a firm pledge that under my for millions and millions and millions for health care will be omitted. Trans- plan no family making less than $250,000 a of individuals, families and small busi- lation means that Medicare savings year will see any form of tax increase, not nesses across the country, and large come from cutting payments to doctors your income tax, not your payroll tax, not businesses as well. and hospitals. your capital gains taxes, not any of your Let me describe the study that the We’ve also known that this Inde- taxes. Energy and Commerce Committee per- pendent Payment Advisory Board is a Let’s now talk about the facts. formed, submitting letters on March 14 problem, also known as IPAB. This 15- There are over $835 billion in taxes of this year from the Oversight and In- member appointed board of which, by that will be passed on to families in the vestigations Subcommittee. law, a majority of them may not be in form of higher premiums and higher We sent 17 health care insurance the health care field, will make addi- costs. Let’s look at some of those companies requests on information tional cuts to Medicare without any taxes. There will be an increase in the about the Affordable Care Act. We Congressional approval or appeal, un- Medicare payroll taxes and an increase asked them, How would it affect pre- less the House and the Senate pass leg- in other unearned taxes. These Medi- miums? We asked them to tell us the islation and the President signs it into care taxes will be a total amount of information that they already have. law. So literally, it would take an act $317 billion in taxes that people will see What numbers did they come up with? of Congress to change some of these as- coming off of their paychecks. Indeed, What are their analysts telling them pects that this independent board will they will see them on their paychecks. already it’s going to cost in terms of make decisions on with regard to pay- There’s a medical device tax. All new premiums? ments and coverage. those medical devices that doctors and We didn’t request the companies cre- The President also promised, ‘‘If you dentists use to care for you, that will ate new information, and we didn’t ask like your health care plan, you’ll be be a new tax. And even though they say them to make anything up. We said able to keep your health care plan, pe- this tax will be paid by the manufac- very specifically, Tell us what you see riod. No one will take it away, no mat- turers, those taxes, indeed, will be is going to happen. And we said, Sub- ter what.’’ passed on in terms of higher costs. mit your existing analysis to us so we But here are some of the facts we’ve Those medical devices so critical for can capture the purest representation discovered since the bill has passed. the doctors and nurses to provide good of the impact of the Affordable Care The nonpartisan Congressional Budget health care for you, that will increase Act. Simply said, what is it going to Office predicted 3 million to 9 million their costs. cost families? individuals would lose their employer- There will be a health insurance tax, As insurers are currently filing their sponsored coverage. McKenzie Con- a health insurance tax on the health applications to participate in the ex- sulting actually has come up with insurance companies themselves and changes, that prediction phase is over, much higher numbers, saying workers on the policies. That will be $101 bil- and now we can find out what was in losing their employer coverage could lion. the health care bill and what it will be as high as 80 to 100 million. There will also be the individual cost families. We went straight to the Over 1,400 waivers had to be granted mandate tax, saying that if you do not source to find out what it will be for to employers so they could opt out of have coverage, you will pay an addi- America’s families, and here is what we this legislation. The Health and Human tional tax. That’s $55 billion. found out. Services Department had to grant par- And, of course, if your employer de- First of all, we noted that health dons to large businesses like McDon- cides to give you a high-level health care is going to cost, on average, 96 ald’s, Universal Studios, and labor care plan that covers so many of the percent more for people who are going unions. It is estimated that these waiv- things that people want in terms of to get a new health insurance plan, 73 ers cover 3.2 million people. their doctors’ fees, their hospital stay, percent more for those keeping their And Speaker PELOSI said the bill dental, other medical, eyeglasses, pre- would create 400,000 jobs almost imme- insurance, and as much as 413 percent scription drugs, those may be now la- diately. Let’s look again at the results more based on age and the plan man- beled as a Cadillac plan, and those will now that the bill is law. The Congres- dates. be taxed with a 40 percent excise tax sional Budget Office predicted the law Now, this is important because what that each family will have to pay in will result in 700,000 additional Ameri- this means, basically, is that young their health insurance, total being cans unemployed, 700,000 additional men will see a large increase in their about $111 billion on that alone. Americans unemployed. health insurance rates. Women who are The National Federation of Inde- These taxes will indeed cost health nearing retirement age will also see a pendent Business predicted the bill will care more. There will be higher taxes large increase in their insurance rates. cause a loss of over 1.4 million jobs. for families who will be paying out of Let’s go through what some of the rea- A new insurance tax will also impact their paycheck. There’s no escaping sons for this are. a number of private sector jobs, esti- this part that even though people were What was provided to us, for exam- mated to be between 146,000 to 262,000 told they will not pay higher taxes, in- ple, by one actual insurance company jobs, by 2022. And 59 percent of these deed they will. analysis said that, as you start to look job losses come from small businesses, But now the Energy and Commerce through these cost increases, what may the backbone of our Nation’s growth, Committee has also done a study, and be a new business or an existing one for where so many moms and dads and we’re going to talk about what’s going your employer, there are several essen- young men and women have their jobs to happen with premiums in this, be- tial benefits. Now, up to this point, and get their start. cause the President said that his plan: people have been able to choose a plan not only guarantees coverage for every based upon its affordability; but in- b 1820 American, but brings down the cost of health stead, what it’s going to be is all plans Those small companies, those neigh- care and reduces every family’s premium by have to look the same. Now, in that borhood companies, those ones that as much as $2,500. sense they say that that increase can have the big impact, that sponsor ev- Even after the bill passed, more be about 15 percent more. erything from the Little League games promises were made about the benefits Now, in addition, for the minimum to church events as well, many of these of the law. In July 2012, President coverage, about 8 to 10 percent more, businesses are going to say, We just Obama promised that once the Afford- there will be other guaranteed issues. cannot grow and create new jobs. Many able Care Act has been ‘‘fully imple- Removal of any underwriting actions, worry how they’re going to keep work- mented, your premiums will go down.’’ that will be about another 65 percent ers employed. Many worry how they’re They have not. In fact, since the Af- to 10 percent. There will be insurer going to afford health care coverage for fordable Care Act has passed, people fees. There will be other things like their workers, and many of those work- have seen their premiums go up by risk adjustment transfer payments, reers are wondering if they can keep thousands of dollars. We now have the insurance risk adjustment, and other their job. data showing premiums, in fact, will go effects small employers will have.

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.071 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 15, 2013 CONGRESSIONAL RECORD — HOUSE H2641 Those will also go up by as much as 35 At this point, I’d like to ask some of full-time employees down to part time percent. my colleagues up to talk about some of to try to get under the threshold— There will also be an average start— these things. On my left is Congress- which means that employee has to go look at the average starting member woman SHELLEY MOORE CAPITO of West out and find another job to supplement cost premium per member per month Virginia to talk about what this means the income to be able to have enough will be $158. And if you’re just doing it in terms of the costs for some employ- income to sustain their families. on what’s called the bronze level, the ees in her State. We also learned, as the report from very low level, which would pay 60 per- the Energy and Commerce Committee b 1830 cent premiums, that’s about $182 more has stated, that for younger people and per month up to $200 per month. There Mrs. CAPITO. I’d like to thank my people going on the individual market, are multiple other fees in this. colleague from Pennsylvania. And I’m the premiums are going to be 96 per- Basically, what this comes down to glad we’re talking about this because cent higher. We’ve also learned that 80 is, for those who are new businesses, tomorrow I intend to vote again to re- percent of single adults between the newly in the plan, 96 percent higher peal ObamaCare and put an end to ages of 21 and 29, with incomes at just costs; for those who have an estab- what its lead author himself said is a $16,500, will pay more for their health lished one, about 73 percent higher ‘‘train wreck.’’ care than they do today. It’s very dis- costs; and in some levels, as high as 413 I’d like to read an email that I re- couraging to hardworking folks. percent higher. ceived about 2 or 3 weeks ago: I was reading The Wall Street Jour- On a broader sense, to look at how I own a daycare center (260 children and 73 nal the other day and saw an op-ed by much this will cost you, in 45 States staff). Been in business 24 years. I just got Dr. Ezekiel Emanuel, who I think that were analyzed, 35 percent of the the info on ObamaCare from my insurance played a large role in creating market will see a premium increase of company. The numbers will cause me to close my business. How can my own govern- ObamaCare. He noted that the ex- greater than 30 percent. Now, what we ment do this? I have worked hard to have a changes would only work if younger see here, some States will be less than first-rate child care center, seldom taking Americans decided to participate. The 10 percent, some States will be greater vacations and easily putting in 10 hours a gentleman from Pennsylvania has just than 30 percent, some will see 20 to 30 day year-round. I have always done the right pointed out that the younger working percent, and some will be 10 to 20 per- thing for my employees and clients. This is population is the one where the pre- cent. so discouraging to me. Is there any way to mium increase is going to hit the hard- Let’s look at some of the individual fix this? est. States. So I visited the daycare center and But he further suggests that the Now, in these States, I’m just going talked with the owner of the business. President, through the force of his pop- to pick out a few here to describe. For If she moves forward and doesn’t offer ularity with younger Americans—be- example, in the State of Georgia, po- insurance, she is going to have to pay cause they voted for him—could con- tential premium increases range from $83,000 a year in penalties. She cannot vince them to sign up for health plans 48 to 63 percent in the individual mar- afford this. because of the popularity of the Presi- ket and 25 percent in the small group So what are her options? She’s look- dent. It’s difficult to encourage people market; meaning, if you’re buying on ing at going from 73 employees down to through a sheer force of personality to your own, it’s going to be much higher below 50. Well, that’s 24 jobs right act against their own economic in- than if you’re in a small group, but there that she’s talking about cutting. stincts. I mean, we’re talking about still it’s pretty considerable. But let’s think of the further implica- young people that will go across the Indiana, one insurance company said tions of cutting 24 jobs in a daycare street—and most people in America it would be 100 percent increase in the center. It’s over 70 children who are no that will go across the street—to save small group market. Illinois, potential longer going to have good, high-quality a nickel on gasoline even if their dad premium increases from 27 to 61 per- daycare in her small business. She’s owns the gas station on the other side. cent in the individual market and 25 worked hard for 24 years and she In my view, this just doesn’t even hit percent in the small group market. doesn’t understand. reality of what’s actually going to hap- Look at Nevada, potential premium She tells me most of the people in pen with our young people. increases 31 percent; Michigan, 25 to 88 her business now have insurance. Those He further states that health insur- percent for males, and the individual who aren’t, because they work at the ance needs to be seen as an individual market with premiums to vary greatly lower wage scale, are able to access responsibility. You know what? Health throughout the State. In the small Medicaid and have other health care insurance right now is an individual re- group market, an estimated 44 percent available to them. She’s very, very dis- sponsibility in this country. But in- of plans will see some decrease in some couraged. stead, purchasing insurance after Janu- cases and other areas seeing an in- Another business person in my State ary 1 will be a requirement imposed by crease. of West Virginia just sent me his tax Big Government. In my State of Pennsylvania, there’s collection for next year for the I have shared the concerns of mine. an average increase of 30 percent in the ObamaCare health plan. He has 105 peo- We’ve talked about the taxes. As I was individual market and 27 percent in the ple. His premiums are going to go up reading through the renewal summary group market. $180,000 more a year. His annual pre- of the small business that has 105, he Tennessee, which has already had mium in a small business like this is has three taxes listed here that his in- problems over the years with $788,000–$180,000 more than it was the surance company has enumerated for TennCare, will see a potential premium previous year. And this is for a plan him: increase of 49 to 54 percent in the indi- that has a $3,000 deductible, which is One is the annual fee on health insur- vidual market and 35 percent in the going to break the back of a lot of em- ance providers called an insurance fee. small group market. ployees in his business. This is a nondeductible excise tax ap- The lists go on and on. We bring this His change? We heard from the gen- plied on health insurance to help fi- out so the American people can under- tleman from Pennsylvania that we nance ObamaCare. stand that when people say, if you were promised that premiums would Number two, Patient-Centered Out- thought health care costs were expen- not go up, that it was going to be af- comes Research Trust Fund. This pro- sive, wait until you see what they’re fordable and premiums would come vides funding for an institute to assist costing when they’re free, quite frank- down. His premiums have gone up 30 patients, clinicians, purchasers and ly, there is no free ride on this. percent. policymakers to make informed health Now, admittedly, some will have We’ve already talked about how decisions. some subsidies on this. About 8 percent many folks across this country are The other is a transitional reinsur- of those will have some level of sub- going to lose their coverage, how many ance contribution for those who are in sidy, which will help to offset some of are going to lose their jobs. These are high-risk pools. these costs, but many people will not just two small businesses that are This is added tax to small businesses, have these subsidies at all. thinking about either cutting their the employers in our country. They’re

VerDate Mar 15 2010 05:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.073 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2642 CONGRESSIONAL RECORD — HOUSE May 15, 2013 going to have to make tough choices Care Act was passed into law. Those of on the Oversight and Investigation because it’s unaffordable. Even paying us who were here at the time will re- Subcommittee. I think they’ve done an the penalties is unaffordable, which is member that this bill that became law excellent job in bringing this informa- going to result, as you said, in over that was voted on late that night never tion to the Congress in a very usable 700,000 jobs lost in this country. went through our committee. We had a form. Again, I encourage people to look We have a better way to do this, a bill that went through our committee, on the Energy and Commerce Web site more patient-centered, market-based but it never saw the light of day. This because this is information that can di- approach where affordability and ac- was a Senate bill that was bounced rectly affect you, your family, your cessibility are goals that we all want. back over to the House, and we were business, your children, and literally We could have, I think, a much more forced to pass it without a single hear- your health care for the next three dec- economical, and probably a better ing, without a markup. It basically ades. health approach because it will have just came to us and the majority at the I wish this thing had never happened. the patient-centered doctor/patient re- time, the Democratic majority, pushed We are going to have a repeal vote lationship in full consideration. it through. later this week, and I welcome the So I would say to you that I have two When you stop and look at what were chance to do that. This is the unfin- concrete examples. I would encourage the American people telling us through ished business of this Congress, to undo my colleagues throughout—and I’m the summer of 2009, when we all had this dreadful law that has been visited sure we have—the House and Senate to those very tense town halls in our dis- upon the land. talk to these employers who have over trict, what were people saying to us? But in the meantime, we also need to 50 employees to see what kind of im- Number one, do not mess up the sys- make people aware of how this law is pact this is going to have. Twenty-four tem that is working well for 65 or 70 going to affect their lives. It’s going to possible people losing their jobs in a percent of us. Number two was, if be in a big way: if you like what you day care center; 70 children losing you’re going to do anything at all, can have, you can keep it—not so much. If after-school care. What are those fami- you help us with costs? Well, I think you like your doctor, you can keep lies going to do? we have the answer to those two ques- your doctor—not so much. ObamaCare, I tried to help with this business tions. Number one, we have messed the you’re going to pay a lot more to get a owner to try to help her find solutions. system up for the people who were de- lot less. I couldn’t come up with one because pending upon it, and, the costs are Mr. GRIFFITH of Virginia. Will the this is getting rammed down her throat going through the roof. gentleman yield? no matter what. But when you analyze what this new Mr. BURGESS. Yes, I’ll be happy to So, with that discouraging bit of a data means, the real thrust of the cost yield for a question. small business viewpoint of the impact increases are focused on people who Mr. GRIFFITH of Virginia. I thank of ObamaCare as it approaches, and buy in the individual market and peo- the gentleman for yielding for a ques- with the attitude of some of the archi- ple who buy in the small group market. tion. tects of ObamaCare that it’s our re- All of the rhetoric from the summer of I am looking at the report that you sponsibility, or because we voted for 2009, through the fall of 2009, to the have referenced that people can go somebody, we are going to work spring of 2010 was we have to make look at online for themselves, and I no- against our own economic interests, it these changes in our insurance policy. tice that your home State of Texas has just doesn’t even pass the laugh test in Why? Because we have to help these a projected 23 percent premium in- my opinion. So I think we’re in for a people in the small group market and crease; is that correct? rough ride. the individual market. Mr. BURGESS. That’s my under- I want to thank my colleague for let- standing. 1840 ting me join him on this Special Order b Mr. GRIFFITH of Virginia. And I and all my colleagues here tonight. This is where the problems occurred; also notice that the report says, from Mr. MURPHY of Pennsylvania. I but, in fact, we have made those prob- the data that was obtained from the in- thank my friend from West Virginia, lems worse, and they continue to grow surance companies, that my home whose district borders mine in south- in severity day by day. State of Virginia is going to have a 31 western Pennsylvania down there. Mr. Chairman, I would also point out, percent premium increase in the small But I note and amplify something the committee staff on the Energy and group; again, not talking about the you said because even when some say, Commerce Committee on our Sub- large group rates, while they will be af- well, you know, if you’re a business of committee on Oversight, has really fected by the taxes. less than 50 employees it’s not going to done an excellent job in compiling this Now, I’m just kind of curious. How affect you, there are a couple things. data. We don’t get much help from the come Texas is getting off light with Some businesses say, well, then, we’ll Department of Health and Human only a 23 percent increase and Virginia stay under 50 employees. But also, Services. When we say we need infor- is getting hit with that 31 percent in- those people are still going to have the mation from you about what the cost crease? Can you explain that, or is that taxes. They’re going to have higher structure is going to be of this new just another one of the mysteries of Medicare taxes, taxes on their pay- health care plan, we don’t get a lot of ObamaCare? check, they’re going to see health care help from them. Mr. BURGESS. If the gentleman will costs going up anyway because of the So the committee staff goes out, ac- yield? tax on health insurance, tax on pre- tually writes to people who will be in Mr. GRIFFITH of Virginia. I will scription drugs, and other taxes that charge of administering the plans for yield to the gentleman. go on. So people will still see higher people in the small group and the indi- Mr. BURGESS. Well, let me assure costs in this. vidual market, and then they compile the gentleman from Virginia, I can I’d like to call now upon another one the data. And the data that they compromise you with absolute certainty of my colleagues from Texas, Dr. BUR- piled is all up on the Energy and Com- that there was no favoritism on the GESS, also on the Energy and Com- merce Web site, and it’s startling. part of the Obama administration to- merce Committee, who continues to These are the individuals: the small- ward the great State of Texas. If any- work very hard for the sake of patients group market and the individual mar- thing, Texas seems to be singled out to make sure we come up with an af- ket. To be sure, the large-group market for special consideration on some other fordable plan for American families. will be affected, but not nearly as areas. But perhaps it actually relates Mr. BURGESS. I thank the gen- much as those people in the small- to the differences in the insurance mar- tleman for yielding and I thank him for group and individual market. It was ket and the type of coverage that’s holding this hour tonight. It is impor- those people who ObamaCare was sup- sought. I really can’t explain that 5 or tant that we have this discussion. posed to help in the first place, and 6 percent discrepancy. We’re barely 3 weeks from the third we’ve done them the maximum harm. What I can tell you—and, again, this anniversary of that late-night congres- So a tip of the hat to the Energy and is with dead certainty—that the Obama sional session where the Affordable Commerce staff, particularly the staff administration did not—did not—show

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.075 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 15, 2013 CONGRESSIONAL RECORD — HOUSE H2643 favoritism to the State of Texas or its of it, but it is reported in the Court- in multiple States, the issue with re- Governor Perry. house News Service, which is a service gard to not only going after conserv- Mr. GRIFFITH of Virginia. If the for lawyers and press folks, that in ative groups, but also pro-Israel Jewish gentleman will yield further, perhaps California the IRS has actually been groups, the issue of them going into for a colloquy, I would ask the gen- sued because they had a search warrant the Gibson Guitar Company, multiple tleman if he suspects that this is be- to go in to look at a specific employ- things where they tend to use the cause up to this point in time this has ee’s financial records. And in the proc- heavy hammer for political purposes on always been a State-driven market ess, according to the allegations made those who may not agree with some and, therefore, there are some dif- by the attorney, Robert Barnes, when others. ferences between the States, but that they went in, it happened to be an in- At this point, there still certainly is the vast majority of States, according surance company or a company that a lot of information yet to be garnered to this report, in the small-group mar- had medical records—we’re not sure be- from this, but it should give people ket are going to be facing significant cause it’s called a John Doe company— pause and understanding—what hap- double-digit increases? Is that his un- but it had medical records for some- pens if you don’t cooperate with the derstanding from the report? thing like 10 million Californians, in- health care plan, will these be the folks Mr. BURGESS. There are going to be cluding everybody in the judicial sys- who will basically come in and try and double-digit increases. And, of course, tem in California. And notwithstanding enforce that as it goes through? as the gentleman is well aware, there the fact that they were told those were Mr. GRIFFITH of Virginia. I would are different State mandates that have not financial records of the individual ask you in that regard, if someone sees governed the State-regulated insurance but personal medical records and that these premium increases that we’ve market over time, and that may result they were probably violating some been talking about and they decide in some of the discrepancy that you’re HIPAA rules, they seized these records that they don’t want to buy the insur- seeing. and they have now been sued by, as I ance, what then happens from the Mr. GRIFFITH of Virginia. And I said, the attorney’s name is Robert IRS’s standpoint, or from the govern- would further ask the gentleman if it Barnes in the State of Texas. ment’s standpoint in general? makes him a little nervous that the That gives me some concern that per- Mr. MURPHY of Pennsylvania. I thank the gentleman for the question. folks who are going to be trying to get haps what we are seeing in regards to Look at it this way: let’s take a out there and get records and make the IRS’s callousness towards political young man who is suddenly going to sure that folks are doing what they’re parties and political philosophy and see his rates go through the roof. He’s supposed to, either paying the tax or the Constitution of the United States healthy. In the past, that gentleman in buying the insurance, are in fact the groups that were trying to promote his 20s may have said, you know, I’m IRS? That would be the same IRS that that, they may also just have a callous going to buy just a little bit of cata- we found out for political reasons slow- disregard that they can be untouched strophic insurance if I need it, if at all; walked and made it difficult for some by anybody, when you see that this or perhaps if it’s one that is out-of- conservative groups, particularly from lawsuit actually was filed in March, pocket, he may decide not to do it. Texas and other parts of the country, and I don’t think it got much attention to actually get their tax exempt sta- because people probably thought it was b 1850 tus. Does that make the gentleman a not part of their regular pattern. What does he face? little bit nervous? But now that we have seen what has If the IRS catches him, he pays a $95 Mr. BURGESS. It should concern and happened in other parts of the country fine. Now, if you’re looking at paying make nervous every man, woman, and in regard to those exemptions, that thousands of dollars a year for health child in this country that the Internal may also be of some concern to people insurance versus $95, even though the Revenue Service is going to be admin- that they’re out there compiling all of gentlelady from West Virginia said istering their health care in the future. these records. And, again, we don’t that they had hoped that people would I think that’s an important point that know whether it’s true. But some of just out of affection for the President the gentleman has brought up. those records that they got from some buy it anyway, when someone is having One other difference, if I may add, be- of the Tea Party groups allegedly, and a hard time paying for groceries—and tween the cost in Texas and the cost in alleged by a left-leaning or a liberal look at the cost of gasoline and its hav- Virginia. Do bear in mind that Texas group, the IRS gave them the informa- ing gone up a couple thousand dollars enacted significant medical liability tion as to who their donors were, is the for the average family, and they’re say- reform 10 years ago, and we have seen IRS also going to give out our medical ing electricity has gone up—you can the benefits of that. If there’s one information to folks that we don’t nec- buy a lot of groceries for $3,000 a year. thing that was the missing link in the essarily want to have it? That’s months and months worth of Affordable Care Act, it was where was That’s the question that we have to groceries for someone. They may say, I their commitment to reforming the ask when you have a scandal like this may just pay that $95 fine. Quite frank- medical justice system in this country, at the IRS and it directly impacts ly, what also comes up is, if they don’t which we all know tends to drive costs ObamaCare. Because right now, before have a plan, they could end up in an up, and the creation of defensive medi- ObamaCare comes into effect, the gen- ambulance or in an emergency room cine, which in turn drives costs up. tleman, I think, would agree with me and sign up when they’re there just Texas has a 10-year history now of the IRS really doesn’t have anything like they do with Medicaid. Now, what caps on noneconomic damages in med- to do with your medical records. But motivation will there be for someone ical liability suits. I don’t know for now we are opening up the door and to have that? certain if that has played a role in the taking those 16,000 agents, and they are The important thing about this place lower premium increase in Texas; but very likely to be looking at your med- is that it’s based upon an assumption if it has, I’m sure they’ll be happy to ical records and your company’s med- that a lot people when they’re healthy take credit for it. ical policies as well as the medical will sign up so we’ll have that money Mr. GRIFFITH of Virginia. I would records, and that causes me some con- coming in. I have my doubts for fami- say to the gentleman that I’m sure cern, and I suspect it may cause the lies and individuals who are already some of those things have played out, gentleman some concern also. struggling who will then make deci- not necessarily the differences between Mr. MURPHY of Pennsylvania. Will sions and say, I think I’ll take the risk. Texas and Virginia, because Virginia the gentleman yield? Even in 2016, when those fines go up to has a longer history with medical mal- Mr. GRIFFITH of Virginia. I yield to a maximum of $695—or 2.5 percent in- practice caps. And we, too, have seen the gentleman. come, whatever is greater—I think that it has helped us in many ways in Mr. MURPHY of Pennsylvania. It many individuals may also say, Well, if the State of Virginia. certainly is a concern, because not my choices are paying $695 or $6,000 or I would point out to the gentleman, only do you have the IRS with these $10,000 or $12,000 for the insurance, and I doubt that he is aware of this, new 16,000 agents, and we already know maybe I’ll just not pay it and see what and I don’t know the truth or veracity that it has come from multiple sources happens.

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.076 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2644 CONGRESSIONAL RECORD — HOUSE May 15, 2013 Let’s face it. A lot of Americans Obama’s administration is allowing gers posed by the so-called Affordable make their health insurance decisions this. Not one person has been fired by Care Act, like the ever-mounting costs on what the affordability is, just like the way. The Obama administration of implementation, the instability it they make their car insurance deci- made a decision to target Americans causes in programs that seniors rely sions. They don’t all get a comprehen- based on their beliefs, based on their on, the fact that this bill contributes sive policy. They get what they can af- values, and that’s the agency that will substantially to the insurmountable ford. It’s the same thing with other de- be tasked with enforcing ObamaCare. debt we are leaving to our children and cisions in their lives, whatever that is. They had little credibility before all of our grandchildren, but that’s not fore- I yield to the gentleman from Lou- this scandal emerged, but now, in light most in the minds of those individuals isiana (Mr. SCALISE). of this, I think the lead Senate archi- whom I represent along the Ohio River Mr. SCALISE. I think it’s an impor- tect, MAX BAUCUS, one of the authors in eastern and southeastern Ohio. tant point you make about how people of the bill, just a few weeks ago—they As the American people continue to make decisions based on price, because rammed it through, and Speaker search for good-paying jobs, families in every weekend, when I go back home to PELOSI 3 years ago said that you’ve got my district are trying to figure out southeast Louisiana and when I talk to to pass the bill to find out what’s in how to stretch their paychecks to my families and small businesses that it—said it’s a train wreck coming cover another trip to the grocery store are trying to figure out how down. In fact, he’s not even running for or to buy clothes for their kids or to ObamaCare is going to affect them, reelection next year. purchase another tank of gas for the there is a recurring theme that comes This kind of bureaucracy should not car. Now we’re seeing reports that indi- through, and it’s something we hear be put in place for any type of govern- cate most families will have to factor every single day. ment agency, let alone coming between health care premium increases into First of all, small businesses have no patients and their doctors. This is the their budgets as well—all because of idea how they’re going to be able to massive bureaucracy that ObamaCare the Affordable Care Act’s policies, comply with this law when they look is. This is why we have this vote to- mandates, taxes, and fees. at the mountains of regulations. We morrow to repeal ObamaCare, and it’s Now, does that sound affordable to had recently stacked up all of the a bill I’m proud to cosponsor. anyone? It doesn’t to me, and it doesn’t pages of regulations and rules that Again, I thank the gentleman from to the people that I represent along the have come out, and it’s well over 7-feet Pennsylvania for his leadership in the Ohio River. high. A small business that doesn’t hearings that we’ve had on the Over- I am proud to serve on the Energy have, maybe, five, six, seven employ- sight Subcommittee of Energy and and Commerce Committee, and I was ees—they don’t have an H.R. shop, they Commerce to expose some of this, and recently given the opportunity to ques- don’t have teams of attorneys and ac- also to even get testimony from Obama tion Gary Cohen, the director of the of- countants, they can’t figure all of this administration officials who say fice within HHS in charge of the imple- out, and they’re asking these ques- they’re not even ready to comply with mentation of the health care law. I tions. But we’re also hearing this from the legal deadlines in the law that are asked him directly if premiums were large companies that provide really coming up in the next few months. going to go up or down for the Amer- good health care for families all This should not be dumped upon our ican people. Remember, the President throughout southeast Louisiana. I hear families, whether it’s in southeast Lou- promised us lower costs. Mr. Cohen this from colleagues from other States, isiana or anywhere else in the country. briefly toed the party line, saying, Ab- too. When they look at this law, they We need to repeal this bill and actually solutely, we’ll see lower costs. But he say, The President promised, if you get back to work on fixing the prob- went on largely throughout the ques- like what you have, you can keep it. lems in health care, like cost and ac- tioning to repeatedly say, We’ll simply Yet that promise is broken for millions cess, that are now made even worse have to wait and see. of Americans who are facing these with ObamaCare. They don’t know. That sounds oddly costs that have been discussed. Mr. MURPHY of Pennsylvania. I familiar to me. It reminds me of when Look at the drastic increases of 73 thank the gentleman. the minority leader, the gentlewoman percent that will hit families. If you I would also like to call upon the from California, tried to convince the have a good insurance policy that you gentleman from Ohio (Mr. JOHNSON), American people that Congress needed like, if you have good health care, it’s who is also a member of the Energy to pass the Affordable Care Act in a 73 percent increase for you. If you’re and Commerce Committee and is also order to find out what was in it. We are trying to get new health care, it’s 96 deeply concerned about his constitu- now finding out what’s in it, and it is percent more you’ll have to pay be- ents in Ohio and what they’re going to a train wreck, as some have stated. cause of ObamaCare. be facing. Now, wouldn’t the responsible thing I think what’s the most frightening Mr. JOHNSON of Ohio. Thank you, have been to do the job correctly the to families is when they see the new Mr. Chairman. first time? bureaucracy. This is the new bureauc- I am, indeed, honored to join you and Let me clarify a few things. Let me racy created by ObamaCare. If you the rest of our colleagues here in shar- cite some numbers brought to light by look, I think the most sacred relation- ing some thoughts on what the Amer- our investigation. ship in health care is the doctor and ican people now should expect in the Individual consumers in 90 percent of the patient. There should be nobody in coming months and years from the ad- States will likely face premium in- between the doctor and the patient ministration’s so-called historic creases. In my State of Ohio, men pur- when it comes to making health care achievement in health care reform. It’s chasing an individual policy would face decisions. Yet, under ObamaCare, look historic all right. This massive bill increases ranging from 32 to 52 percent. at all of this mountain of red tape and gives the government control over one- Ohio employers purchasing small group agencies that come between families sixth of our economy and the authority market policies could see a projected and their doctors in ObamaCare. At the to manipulate markets and to make in- premium increase of 28 percent. Na- very top of this—again, it’s most riv- dividual health care decisions. tionwide, new businesses could see in- eting and has been brought up before— So how did President Obama con- creases of 96 percent, while existing is the Internal Revenue Service. vince the American people to buy into businesses would be burdened with 73 First of all, does anybody at the IRS this scheme? He looked the American percent. And age and plan mandates have any kind of medical degree or people right in the TV camera lens, and forced on insurers could push pre- even EMS training? he promised two things. He pledged miums up as high as 413 percent in Now the IRS is the enforcement that this law would cut costs for Amer- some cases. agency of ObamaCare. Of course, that ican families, and he promised that it was riveting before the scandal that would make health care more afford- b 1900 came out last week, but in light of the able. Now, do these numbers support the new scandal in which the IRS is lit- Now, I could stand up here and talk pledge made by the President that erally targeting people, President about all of the other economic dan- Americans would see lower costs, or do

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.078 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 15, 2013 CONGRESSIONAL RECORD — HOUSE H2645 they highlight the dishonesty as a So every time we turn around on the Mr. JOHNSON of Ohio. It is very means of pushing a terrible law committee, it looks like we’re finding tough going. through Congress? Based on these something new where their numbers Mr. MURPHY of Pennsylvania. So we facts, Mr. Speaker, it is hard to argue were always funny money numbers, do know that these costs are going to that the Affordable Health Care Act Monopoly money, however you want to continue to climb for many people, will ever become more affordable as look at it. And it seems to me that even though people in the administra- long as that law is on the books. your point is exactly right, that it’s tion have told us they’re not quite sure Hard evidence to support the looming not only going to cost the people of yet what is going to go on. We know premium rate shock should scare the southern Ohio, but it’s also going to these costs are going to continue. administration as much as it scares the cost the people of southwest Virginia Let me point out again something American people, American families, and every part of these United States very important, Mr. Speaker. I worry businesses, and health care providers more money than was ever projected, about how the American families are throughout the Nation, particularly and it’s going to come right out of the going to afford this. Their electricity along the river where people are still pockets of the working poor and hurt rates have gone up and will continue to struggling to make ends meet from day them the most. go up. This administration has pushed to day. Mr. JOHNSON of Ohio. Absolutely. to have coal-fired power plants to close I appreciate the time. Every time we asked Mr. Cohen who down, has spent billions of dollars for Mr. GRIFFITH of Virginia. Will the are premiums going to go down for, he energy subsidies for companies that gentleman yield for a question? avoided the question. He couldn’t tell have gone belly up. Gasoline prices Mr. JOHNSON of Ohio. Absolutely. us that premiums were going to go have gone up thousands of dollars for Mr. GRIFFITH of Virginia. I would down for anyone. families, unemployment has been say to the gentleman that it was very We asked him, Are they going to go above 7 percent for years, hundreds of interesting when you talked about the down for the young? Are they going to thousands have been put out of work cost of the insurance, and while he said go down for the old? Are they going to because of the aspects of this health overall that he thought the rates were go down for women? Are they going to care bill. going to go down, my recollection go down for men? He had no answers. It’s tough for families to say, How was—and correct me if I’m wrong—that We’ll have to wait and see. That’s a far am I going to pay for this? How are when you were asking him those ques- cry from the promise that the Presi- they going to pay, as they say, 96 per- tions, part of his position was, Well, we dent made of lowering costs and mak- cent more for those who get a new don’t know for sure, but we think ing health care more affordable. plan, 73 percent more for those keeping Mr. MURPHY of Pennsylvania. Cer- they’ll be lower than what they would their insurance, and up to 413 percent tainly that was part of the promise have been if we hadn’t passed the law, because of some of the age issues and that was given to so many Americans but they’re going to be higher than other things going on with that? on why they supported this image. what they were when we passed the These are tough concerns for Amer- Look, we as Republicans, we know ican families and ones that they’re law. Wasn’t that pretty much his rea- there are a number of things we want soning? to see happen. We want to make sure asking us to then say, Please, repeal Mr. JOHNSON of Ohio. Yeah, that that we’re preventing illnesses, and we this bill and let us get to something was pretty much the case. I started to want to make sure that we’re caring that really works to take care of those challenge him to a Monopoly game be- for those who are chronically ill. issues, to help the uninsured, to help cause that’s funny money. That’s a Sadly, regarding the high-risk pool, the those who are ill, to help put doctors way of manipulating the numbers, and door was closed on that. Many people back in charge of people’s health care that’s more of the dishonesty that’s who are chronically ill will not be get- plans. We’re deeply concerned about being perpetrated on the American peo- ting additional care. those issues as they go on; and, quite ple with this law. We want to make sure that doctors frankly, these costs are going to be Mr. GRIFFITH of Virginia. I would can be paid for coordinating care of ones that people are not going to be also have to point out that, with every- those chronically ill. Right now, get- able to afford. thing that we’ve gotten to so far, it ap- ting people to make sure they take I now want to recognize one of my pears that their numbers have not been their medication, there’s follow-up to colleagues, the gentleman from New right. They told us that they could get to their appointment, doctors can Jersey (Mr. LANCE), who also wants to produce a long-term care insurance consult back and forth, a patient can speak on this bill. He is another mem- plan, and they backed out of that be- call with other questions, nobody gets ber of our committee who is deeply cause they couldn’t make the numbers paid for that. They do get paid if they dedicated to making sure that he is work as they had originally thought have more tests. So there’s a fee-for- dealing with the affordability of the they would work on long-term care in- service plan. Quite frankly, it’s tough health care bill. surance. for doctors to try to reduce costs under Mr. LANCE. Thank you, Mr. Chair- Then we had the whole situation with that plan. We would like to see those man. I’m very pleased to be able to the catastrophic illness fund that, from costs go down even more, and we sup- speak this evening on this important the time the bill was passed, was support that. issue. posed to get folks who had catastrophic We want to maintain coverage for In my judgment, the Affordable Care illnesses, it was going to cover all of the sick. We don’t want to see people Act was a poor piece of legislation and them until ObamaCare came into effect cut because they’re ill. And we believe it was not well thought out. In 2009 and in 2014, but they ran out of money that if people have a preexisting condi- 2010, when the leaders of the then- March 1. Do you recall that? tion, they ought to have an oppor- House Democratic majority were ral- Mr. JOHNSON of Ohio. Absolutely, I tunity to maintain insurance. We agree lying support for the President’s health do. with those. care legislation, the American people Mr. GRIFFITH of Virginia. So those What we don’t agree with is this mas- were told that health insurance pre- numbers weren’t right, and they appar- sive bureaucracy that Mr. SCALISE miums for individuals and small busi- ently thought they had enough money showed us before that’s going to re- nesses would decrease under built into the budget and gave the Sec- quire a lot of tax money to pay for it, ObamaCare. That was stated repeat- retary large latitude to take money increased taxes, 10 years worth of taxes edly. Three years later, we have come out of various funds to make things to cover 6 years worth of plans; and al- to learn that this is just not the case. happen, but now she seems to be going ready we see Health and Human Serv- Internal documents from the Na- around the country asking the very ices running out of money and so they tion’s largest health insurance compa- companies that she’s overseeing as part have to call up insurance companies nies reveal the health care law’s poli- of her job for money because they and other groups and say, Can you give cies, mandates, taxes, and fees will didn’t calculate how much money they us more money to help convince people cause major premium increases for were going to need to sign everybody that this is a good idea? It’s tough consumers, the individual, the small up to get into ObamaCare. going with that. group and large group markets; and I

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.080 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2646 CONGRESSIONAL RECORD — HOUSE May 15, 2013 think it might be particularly onerous to help make health care affordable, onerous piece of legislation, they will on young people who are just starting not offering a 96 percent increase for oppose it as well. out at a time when the economy is not those getting a new plan, up to 73 per- Many States in this country are in as strong as any of us would like. cent for those keeping their insurance, dire financial straits. They’ve lavished Many small businesses are already and up to 413 percent for others. overly generous pension plans on their feeling the impact of higher monthly Look, we understand some people are State employees and offered tax credits premiums. Just this week, I heard from going to see their health insurance and financial incentives to their favor- a small business owner in the district I rates go down. Many will see their ite businesses. They’ve promised more serve, Susan Schwartz of System rates go up. That is part of the fright- than they can deliver, while sometimes Builders, in Westfield, Union County, ening thing for America’s family. letting essential services go neglected. New Jersey. She is seeing her company GENERAL LEAVE State governments bear the responsi- rates jump by nearly 40 percent in 1 Mr. MURPHY of Pennsylvania. Mr. bility for their financial situations; yet year, Mr. Speaker. Speaker, I ask unanimous consent that they’re looking to the Federal Govern- We must work together to provide all Members may have 5 legislative ment for a bailout. Make no mistake, much-needed relief to the small and days in which to revise and extend this Internet tax is the bailout they’re large businesses being crushed under their remarks and include extraneous seeking. Without raising taxes, State this burdensome law. material on the topic of my Special governments can expect billions of dol- I thank you, Chairman MURPHY, and Order. lars of Americans’ hard-earned money certainly I commend you for your ef- The SPEAKER pro tempore. Is there to flow to their treasuries if this bill forts and the efforts of the Energy and objection to the request of the gen- passes. And how would this happen? By Commerce Committee, of which I am a tleman from Pennsylvania? passing a bill that proclaims to impose proud member under your leadership in There was no objection. fairness. that committee as one of the sub- Mr. MURPHY of Pennsylvania. With Who else is for this bill? Large retail- committee chairs, the committee as a that, Mr. Speaker, I thank my col- ers. They’ve got lots of representatives whole, under Mr. UPTON’s leadership, leagues for speaking tonight. I thank up here talking to us. They’re on the and really all of us in Congress who be- the Energy and Commerce staff for also Internet and they’re off the Internet, lieve that this law was poorly designed being part of this tonight. And I thank but they’re for this bill. They’re weary and will lead to massive increases in the American people for continuing to of competing with small and nimble premium payments for many of the communicate with us and understand businesses. And that’s natural to want American people. that we want to make health care af- to have economic barriers to entry be- Mr. MURPHY of Pennsylvania. I fordable, but we think the Affordable cause it’s an economic fact that in the thank the gentleman. Care Act is neither. absence of innovation in a market with Mr. Speaker, may I inquire as to how Mr. Speaker, I yield back the balance no barriers to entry, profits go to zero much time we have remaining? of my time. in the long run. The SPEAKER pro tempore (Mr. But how do we create barriers to f MESSER). The gentleman has 4 minutes entry in the United States? How do we remaining. INTERNET SALES TAX compete? Through innovation. Mr. MURPHY of Pennsylvania. With America is the country of innova- The SPEAKER pro tempore. Under that, then, Mr. Speaker, I’ll wrap up tion. You can invent something. You the Speaker’s announced policy of Jan- here with a couple of comments. can make a new piece of music. You uary 3, 2013, the Chair recognizes the First of all, I really want to thank can be nicer to your employees than gentleman from Kentucky (Mr. the Energy and Commerce Committee the other company is. Or you can come MASSIE) for 30 minutes. staff for bringing out this important up with a new, more efficient way of study. We only wish this was the kind GENERAL LEAVE manufacturing your products. But I of information we had a couple of years Mr. MASSIE. Mr. Speaker, I ask suggest to you, Mr. Speaker, that send- ago when Members were called upon to unanimous consent that all Members ing representatives to Washington, blindly support this bill and so many have 5 legislative days to revise and ex- D.C. to impose financial hardships on other organizations were called upon to tend their remarks and include extra- your competitors is not the American support this bill. neous material on the topic of my Spe- way. cial Order. Some have said that this bill is about b 1910 The SPEAKER pro tempore. Is there States’ rights, and I’m a strong pro- These are going to be high costs, and objection to the request of the gen- ponent of States’ rights; but this bill people are going to have to make deci- tleman from Kentucky? does nothing to protect States’ rights. sions now about what kind of health There was no objection. In fact, this bill changes the very fab- care they are going to have, can they Mr. MASSIE. Mr. Speaker, I rise ric, the constitutional fabric of the afford it. Well, they’ll also see the im- today to speak in opposition to H.R. 684 United States of America by subjecting pact on top of their gasoline prices and and S. 743, the Marketplace Fairness people and businesses in one State to utility prices and worries about their Act, otherwise known as the Internet the taxes and regulations of another jobs. They’re going to be making deci- sales tax. Or as I call it, the interstate State. This is unprecedented. For the sions about do I not have health care commerce sales tax. first time in history, this bill would now and run the risk of having the IRS I’m concerned that this new tax on grant States jurisdictions beyond their come after me and charge me $95. Peo- American consumers passed the Senate physical borders. If this bill passes, ple will be making those kinds of deci- too quickly without enough debate and we’ll have a virtual United States of sions. That’s not what we should be has the quiet support of several Mem- America where borders no longer mean doing. bers here in the House. Unfortunately, anything. Out of care and concern for every many of my colleagues opposed to the Justice Marshall ruled that the mother and father and grandparent and bill here in the House have taken a power to tax is the power to destroy, child in America, to make sure that we quiet wait-and-see attitude. They don’t and we were reminded last week by the work on an affordable health care plan, want to rock the boat, so to speak. IRS’s admission that the power to tax that makes sure that people who are Well, it’s time to quit being quiet on is the power to harass. ill, people who have preexisting condi- this issue. The American public de- I urge other Members of Congress to tions are not cut, and to make sure serves a full and open debate on this consider the dangerous implications of that the high-risk pool has money in it bill before any legislative action is granting individual States authority to help those who have high risks for taken in this body. over individuals in other States. health care, not use money for other This evening, my colleagues and I Before my colleagues get into the de- purposes, and to make sure that we’re will begin that debate. I’m confident tails of this new tax, I’d like to point working on prevention and caring for that when Members and their constitu- out that no one, not a single person, the ill. That is what we should be doing ents grasp the full ramifications of this has argued that this bill will help our

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.081 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 15, 2013 CONGRESSIONAL RECORD — HOUSE H2647 economy. Even proponents of this bill I just don’t think it is good policy to mismanagement? I mean, for example, must concede that it increases taxes on saddle small businesses in Florida with in California, you have county admin- American consumers and adds burden- red tape and additional compliance istrators retiring with a $400,000 pen- some regulations to small businesses. costs. I mean, why on Earth would any sion for life. And so we’re going to put That’s where this debate will begin and Floridian want an up-and-coming busi- burdens on our companies to be able to end. This bill is bad for our economy. ness to face a tax audit from a State send money over there so that they can I now yield to the gentleman from like California or Illinois? fund that extravagance? And I would Florida. b 1920 also note that a lot of that money goes Mr. DESANTIS. I thank the gen- to funding union dues that end up help- tleman from Kentucky, and thank you And I would say, as the gentleman ing fund political companies. So why for your leadership on getting out from Kentucky pointed out, especially would we want to do that? ahead of this and really leading the in light of what we’re seeing with the So the bottom line is that the bill is charge. You’re right, this will not be malfeasance committed by the IRS out bad for consumers; it represents tax- good for the economy. People will say of Washington, D.C., you know, the IRS ation without representation; it will it’s not really a tax increase because is at least somewhat accountable to stymie small business growth; and it some of these taxes are essentially use the people, at least in theory, because will create perverse economic incen- taxes that are already due. The fact of we can always vote out the administra- tives. Our political system right now is the matter is this will hurt consumers tion that oversees the IRS. suffering from an accountability crisis. because they are going to have to pay If you have an out-of-State tax audit, The last thing we need to do is expand more, and that is not the recipe for you don’t have any political represen- government and add to this problem. success in a high-unemployment, low- tation, so why would they care about Mr. MASSIE. Thank you to the gen- growth economy, which is what we your rights? They’re not going to care tleman from Florida. He makes an ex- have now and is what we’ve had for a about your rights. They’re going to cellent point on the sales tax audit number of years. care about getting your revenue. burden on small businesses. In terms of making consumers pay I just want to say a thing about fair- I’d like to give you two examples of more in taxes, I for one am sick of poli- ness. People say, well, you know, you companies in my district. These are, ticians in Washington and in State cap- have brick-and-mortar, local stores literally, mom-and-pop shops. One of itals throughout the country putting versus these Internet businesses; but I them, the wife is the CFO and the hus- the interest of government ahead of would suggest that that distinction is band runs the company; and in the the interests of the people. Our job is illusory, and the reason why is many other one, the father owns the com- not to extract as much money as pos- companies that do business online are sible from our fellow citizens, but it’s pany and the son works there every brick-and-mortar companies. day. They were both subjected to sales instead to provide a framework that I have a business in my district in protects their freedom and liberty and tax audits in one State. Ormond Beach, Florida. It’s called Let me tell you how the sales tax allows them to pursue their dreams. Coastal Moto, and this is a gentleman This bill obviously doesn’t help do audit begins and how it ends. So the that put his entire life savings into way it began was with a phone call. that. In fact, it hinders it. It hinders it this business. They now have grown to by making it more difficult on con- And that, for many small businesses, is have five employees. They make cus- the worst phone call of their life, of sumers, but also will make it more dif- tom wheels for Harley Davidson motor- ficult on up-and-coming new businesses their business life, because they know cycles, and they ship them worldwide. what they’re going to have to endure. that do business online. This bill rep- But they have employees showing up resents taxation without representa- So let me give you the example of every day to work there, so they are this farm store that underwent a sales tion, and the reason it does that is be- both brick-and-mortar and online. So cause the bill would require online tax audit. He was required to prove it’s essentially brick-and-click. that every sales tax-exempt sale that businesses to determine, collect, and And I would also just endorse what remit taxes to States with which they he made in the previous years was, in the gentleman from Kentucky said, have no physical connection. fact, exempt from sales tax under Ken- that the tax would give large compa- So if you have a business in Florida tucky State law. that does online sales and you sell to nies a competitive advantage, because The sales tax auditors will pursue somebody in California, you’re going to anytime you saddle businesses with you to the end of the Earth if they be responsible for determining Califor- more compliance cost, that will create think there’s another dime to be found, nia’s sales tax, collecting it, and then barriers to entry for smaller compa- so they pursued him with much vigor. sending it to California. The problem is nies, and the big businesses are always He spent weeks looking for records try- if you have no physical connection to able to comply more easily. ing to prove that these were, in fact, that State, you have no way to hold And look, I want companies of all sales tax-exempt, because if they were tax-happy politicians in States like sizes to do well. You know, big busi- not, he owed the sales tax on all of California accountable for the deci- nesses, if they’re doing well, God bless those sales. sions they make in terms of taxing, them. I just don’t want to tilt the play- How does this kind of audit end? spending, and regulation. ing field in favor of them and make it It ends with a white flag. There’s no I would say also, people say that more difficult for new businesses to way to prove, there’s no way to find there are local stores who have to pay start and grow. every shred of paper for every trans- sales tax. If you sell online to some- The Internet is one of the most pro- action that you’ve ever had in the past body out of State, you’re not having to growth, pro-opportunity inventions in years, so you finally settle with the sell the tax. We don’t require any all of human history. It literally gives sales tax auditors. stores on a local sale to figure out anybody the chance to move a product. Can you imagine that? You’d be open where the consumer came from and If you have an idea, you can go online, to sales tax audits, which I’ve just de- then send the tax over to that State. you can put that out, and you can be scribed, in 45 different States. Now, They simply collect the tax that’s due successful. It’s much easier, with the maybe it only happens once every 10 in their State, so the compliance re- Internet, to have a successful business years in your State; maybe that’s the quirements are completely different. than it was 100 years ago. You’re able average. But, on average, you’ll get 41⁄2 Indeed, there are over 9,600 taxing ju- to get into the market more cheaply sales tax audits a year, which brings risdictions in the United States. and more affordably. That’s not some- me to the next small business in my This bill specifically permits audits thing that we should try to undermine. district, where the wife is the CFO. from the other States that have sales That’s something that we should want This business was subjected to a sales tax and from Indian reservations, and to continue to promote. tax audit and an IRS audit in the same we have several hundred federally rec- And finally, I would just say, is it year, in fact, this year. This business ognized Indian tribes, so this creates a fair to burden Florida businesses in owner came to me and said, Can you huge compliance burden for our small order to fund excessive spending in pass a bill that would keep me from businesses. States that suffer from severe fiscal having to go through two audits in the

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.083 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2648 CONGRESSIONAL RECORD — HOUSE May 15, 2013 same year? I mean, it’s just not fair. Proponents of this bill say, well, it’s by the way, most small businessowners I’ve got a State tax audit and a Federal about fairness. They say that this bill readily admit it’s next to impossible audit in the same year. This is killing will help prevent the supposedly wide- for any small business to do that. You my business. My wife can’t work on spread practice of ‘‘showrooming,’’ are not going to be investing in your anything but these audits. where customers visit a physical store own business. You’re not going to be Can you imagine if that business is but then buy the goods online where hiring new employees, you’re not going now subjected to 45 audits in 45 dif- customers can get a better price or to be growing your product base or pro- ferent States? I just can’t let this indi- avoid paying sales tax. According to moting innovation. You’re now going vidual down. And what we’re talking proponents of this bill, this to be spending more time and more about, sales tax audits, it’s up to the showrooming is destroying our brick- capital dealing with regulations and States to decide what’s sales tax ex- and-mortar businesses. mandates and more time with lawyers empt and what’s not, and every State Well, ladies and gentlemen, this is and accountants. has a different rule. not only misleading; it’s wrong. As the We also can’t forget the threat that And the only way to enforce these National Journal reported, a recent this holds for principles that are the rules and to know if you’ve complied— PricewaterhouseCoopers survey of foundation of our Nation’s tax policy, is it for a farm? is it for education? is 10,000 shoppers found this so-called and that is that States must not be al- it for resale?—is for the retailer to sub- widespread problem occurred less than lowed to extend their taxation and reg- mit all of those sales records, informa- 2 percent of the time. In fact, the sur- ulatory authorities beyond their bor- tion, if you will, on the individual that vey found that 10 times as many con- ders. The Internet tax would do away purchased them to the State where the sumers researched products online so with the physical presence standard individual lives. they could go buy them at the local which dictates that a State can only This is ripe for corruption, just as we brick-and-mortar shop. require a business to collect a sales tax saw with the IRS recently. Now they Think about that. And we’ve all had if it’s physically present within its know what music you’ve downloaded, that happen to us. You may go online boundaries. what movies you’ve downloaded. and shop, but you may not want to pay Furthermore, the people don’t want Maybe you bought some gun maga- the shipping costs. You may not want an online sales tax. A recent survey zines. They’re going to know about all to have the time it takes to receive the found that 84 percent of consumers of this, and it’s just ripe for corruption goods. You may want to be buying that were opposed to this bill and 75 percent and for exploitation. bike for your child, so you go down- of small online retailers are opposed. I’d like to yield to my good friend town and buy at the brick-and-mortar Those numbers send a clear message and colleague from the State of Mon- store. that the American people are strongly tana (Mr. DAINES). Furthermore, the study states, and I opposed to this proposal. Mr. DAINES. Thanks much to my quote, ‘‘We also can’t emphasize So I would ask my colleagues this— good friend from Kentucky, Mr. THOM- enough that the physical store remains remember this is the people’s House. AS MASSIE, for coordinating this Spe- the centerpiece of the purchase journey We’re here to represent our districts cial Order here tonight. I appreciate it for many categories. In 9 out of 11 cat- and our States and do what is best for greatly. egories, in fact, the majority of con- them. The problem back in this town, We’re here tonight to share our sumers use physical stores for both re- in Washington, D.C., is that the big strong opposition to the so-called Mar- searching and purchasing the products businesses, the big corporations, have ketplace Fairness Act. This is a bill they want to buy.’’ lobbyists here to be the voice here on that mandates small businesses to col- I know that many times I’d rather the Hill. We need to be the voice to- lect sales tax on behalf of other cities head downtown to my home of Boze- night for the small business people who and States when selling products over man, Montana, to talk to folks face-to- don’t have lobbyists here in Wash- the Internet. face and purchase a product I’ve re- ington, D.C., because they can’t afford The problem is this bill would fun- searched online so I can avoid shipping them. Imposing a new tax burden in damentally change how online pur- fees and avoid the wait time. these precarious economic times is chases are taxed and would impose yet clearly not what our small businesses b 1930 another burden on small businesses and consumers need. across the country, but especially like I know a lot of Montanans feel the I know one of the fastest ways to my home State of Montana. You see, in same way. But then I also have to ask, slow down growth and innovation is to Montana we don’t have a statewide what is fair about forcing a small busi- tax it and to regulate it. This bill is a sales tax. In fact, we often say you ness that relies on Internet sales to $23 billion tax increase coming right know you’re a native Montanan if you learn the ins and outs of 9,600 different out of the pockets of hardworking voted against a sales tax twice. tax jurisdictions or be subjected to tax American families. So let me be clear. But I will have to say that in my audits, as the gentleman from Ken- The so-called Marketplace Fairness home State we have a balanced budget tucky just mentioned, not just from Act is a job-killing tax hike that hurts requirement. And not only did our one State but from all 46 States that America’s small businesses, and it State balance its budget this year, collect sales tax? hurts America’s consumers. I promise I we’re running a surplus, and we’ve done Imposing these unreasonable stand- will continue to fight this bad piece of that without a sales tax. And Wash- ards on online retail sales but not also legislation. ington should do the same. They on brick-and-mortar retail stores is not Mr. MASSIE. Mr. Speaker, I would should learn how to balance their budg- only unfair, it’s unworkable. I’ve heard like to remind my colleagues that Mr. et, and they don’t have to impose a from Montana’s small businessowners DAINES represents the great State of sales tax that’s imposed on businesses who are deeply concerned about what Montana, which operates with a lean across this country. this bill means for them and how it government and has, so far, got by But even though we don’t have a will affect their ability to remain prof- without a sales tax. That’s the great sales tax, under this legislation, Mon- itable. I’m concerned too. thing about these United States of tana small businesses would be forced I’ve spent nearly three decades in the America. We have 50 States competing to collect sales taxes for up to 9,600 cit- private sector. In fact, prior to having with different models for how to run ies and States, none of which would go served in Congress, the last elective of- their governments. This tax, as I call back to the people of Montana. fice I held was student body president it, the interstate commerce tax, is Let me be clear. This isn’t just a bill in high school. So I’ve come from the more about harmonizing tax laws that hurts no sales tax States like business world. I’ve been a job creator across the United States and taking Montana. It hurts small businesses in and somebody that’s had to fight the away the competition between States. every State, burdening businesses that regulations and pay taxes. I know that Now, my fair State of Kentucky has depend on Internet sales with added if you’re a small business owner and a sales tax of 6 percent. But I don’t costs and more paperwork and more you’re forced to comply with more think it’s fair that we impose a sales regulations. than 9,000 different tax codes, which, tax on the State of Montana when

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.085 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 15, 2013 CONGRESSIONAL RECORD — HOUSE H2649 they’ve worked very hard not to have bate so far, and it’s our constituents. I Cory writes in: one. Their businesses aren’t subjected think we need to hear from them. And I feel it may hinder an online business I’ve ever to a sales tax audit if they don’t with that, and to address that issue, I just started. It’s already making business have to collect a sales tax. So I think yield to the gentleman from Florida. pay. he’s too modest in not reminding us Mr. DESANTIS. I thank the gen- Mark says: that he’s coming from the State of tleman from Kentucky, and I would #InternetTax won’t help local stores, but Montana that has no sales tax. just add to your comments. You start- will protect online incumbents from new This Marketplace Fairness Act could ed by talking about federalism, the competition. be called the ‘‘Offshore Online Retail- ability to kind of choose different tax Taylor Neuhaus writes in and says: ers Act,’’ because, while as Congress- laws, whatever laws, and this would ac- I like the #InternetTax about as much as I men and Senators we can force the tually facilitate higher taxes. It’s a like getting teeth pulled. States to collect these taxes, we can’t thumb on the scale in favor of higher We have another fellow writes in and go into other countries and force them taxes because it gives States the says: to collect taxes. So what will happen is wherewithal to tax beyond their bor- a lot of our online retailers will move ders. So we should at least be trying to It hurts small businesses, and it’s basically across the border where they enjoy the Walmart vs. Amazon with consumers in the go in the other direction. I want Flor- middle. advantage of collecting those sales ida to be more like Montana, not more taxes, and there’s no way to reach like some of the other high-tax States. Finally, I think this is a great com- them and impose that tax upon them. And so that bears repeating. ment from Ian Stumpf: Now, some say this is not a new tax, Here are some of the folks who have An Internet tax will hurt one of the few re- don’t call it a new tax, while others say written in via Twitter with their maining healthy sectors of the economy #disastrous. that it’s not a tax increase, don’t call thoughts. Chris writes in: this a tax increase. Well, I say if it Please tell the House that #InternetTax b 1940 quacks like a duck and it walks like a translates into higher costs for families and Mr. MASSIE. I thank the gentleman duck, it’s a duck. I’m new to Congress, consumers. A weak economy cannot afford from Florida for sharing that with us. but if at the end of a transaction, I this. I think all too often we don’t listen as have less money in my wallet and the Andrew writes in: much to our constituents as we should; government has the money in their cof- This will just be the 21st-century version and on this issue, it’s very important fers, I call it a tax. of Smoot-Hawley. Will the lunacy from D.C. because those are in fact the people Now, some will say, look, consumers never cease? who are going to bear the burden of already owe this tax. At the end of the Jay writes in and says: year on April 15, they are supposed to this new tax. And I will call it a new The Internet tax is an inappropriate exten- tax. It’s unprecedented in our Constitu- pay the sales tax that wasn’t collected sion of the State’s powers. It does not make in other States. But do you know tion and in the history of this country. commerce more fair. I want to end this discussion tonight what? That’s just not true. They don’t Another fellow writes in and says: owe a sales tax because States long ago the way it began and the way I said it It’s a revenue grab, plain and simple. No would end. No single individual who’s a conceded that they don’t have any au- taxation without representation. Is that thority to tax an event which occurs proponent of this tax has told me that vague? it’s going to help the economy. In fact, outside of their physical borders. They Tiffany Lyle says: just can’t do it without a physical pres- when I point out that it will increase ence. But States resented that they If you tax the Internet, it’s like taxing air. taxes on consumers, when it will in- We work hard enough to earn what little we crease the burden on small businesses, couldn’t tax in other States, so they have. created something called a use tax. I and when it will apply pressure to off- And then Glenn writes in: say the use tax is actually a contrived shore or online retailers, they all ulti- tax. They know they can’t tax an event Remind them of how the Stamp Act went. mately concede those points. This is outside of their borders, so they try to I have some more, but I will yield not good for our country. tax an event inside of their borders, back to the gentleman from Kentucky The resistance to this bill comes which is the use of a product. But it’s because I know you probably have from our constituents, and it’s also bi- contrived in the sense that it’s only some more comments, as well. partisan as well. So hopefully by bring- owed if you didn’t pay a tax on it some- Mr. MASSIE. Well, those comments ing light to this today, we will begin where else already. bring up a very good point, and so do the conversation, begin the debate that So what kind of a tax is that? I’ll tell your comments. If this is a finger on all too often doesn’t happen out in the you what it is: it’s an uncollectible tax. the scale for higher taxes, States get to open and shed some light on this issue. And the States haven’t exerted much arbitrate and decide what gets taxed in I yield back the balance of my time, effort in collecting that tax. We are not their State. So right now we have ex- Mr. Speaker. here to become tax collectors for the emptions for farm products and what- f States. I just want to remind the not, but some States tax professional THE IRS States that. services in the transaction. And, of Also, I want to talk a little bit more course, this bill opens up financial The SPEAKER pro tempore. Under about my district. A large portion of service transactions in one State to the Speaker’s announced policy of Jan- my district is rural. We don’t have consumers in another State. But where uary 3, 2013, the Chair recognizes the stores to buy everything that we would does this end? gentleman from Pennsylvania (Mr. like to be able to purchase. A lot of Senator BAUCUS stated in the other PERRY) for 30 minutes. folks go online. A lot of folks are dis- Chamber that not just the financial Mr. PERRY. Mr. Speaker, do we live abled and can’t get to the store to go world would be open to taxes on their in a banana republic? Are we living online. This is a regressive tax. This services, but also possibly attorneys, under a tin horn dictatorship? I mean, will punish those individuals who have architects, engineers and accountants. just this evening the IRS Acting Chief the least mobility because they’re on- One can only imagine, by not asking Steve Miller resigned. I suppose that’s line shopping. It also diminishes oppor- the States to do anything to simplify damage control, that’s how we’re going tunities for businesses in rural areas by their system in return for the benefit to fix this—you know, heads are going taxing those businesses that weren’t of having out-of-state businesses col- to roll. taxed before that don’t have a ready lect taxes for them, we’re giving carte Just recently, Mr. MILLER wrote to marketplace immediately in their vi- blanche to the States to impose even Members of Congress at least twice to cinity. more taxes on business. explain the process of reviewing appli- Look, we’ve heard from Big Business, Again, I think I’d like to hear a few cations for tax exempt status without we’ve heard from lobbyists, and we’ve more comments from our constituents. disclosing that Tea Party groups had heard from State governments. But Mr. DESANTIS. We do have some been targeted. So it’s nothing new. As there’s somebody absent from this de- more. a matter of fact, in July of last year he

VerDate Mar 15 2010 05:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.086 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2650 CONGRESSIONAL RECORD — HOUSE May 15, 2013 testified before the House Ways and I’m going to read an excerpt of the tracked an application for the Presi- Means Oversight Subcommittee and Federal law, 26 U.S. Code 7217. It pro- dent’s half-brother. That took 1 month. didn’t mention it, he didn’t mention hibits any employee of the Executive It took 1 month. Meanwhile, 27 months the additional scrutiny. I’m sure it Office of the President and Vice Presi- went by where organizations with the must have slipped his mind. Oh, that’s dent, as well as Cabinet Secretaries, name ‘‘Tea Party’’ or ‘‘patriot’’ right, it couldn’t have slipped his mind from requesting, directly or indirectly, couldn’t receive the same consider- because he was asked about it specifi- that the IRS investigate any particular ation. cally. taxpayer with respect to the tax liabil- Did front-line employees do this? Now we’re supposed to trust these an- ity of such taxpayer. Again, I’ve got to question that. It just swers that are forthcoming at this It is important for the rule of law doesn’t add up. Again, day by day we time and are continuing to be revised. and the interest of justice that the hear more and more. I mean, the first But initially—and falsely—they Congress aggressively pursue its over- thing that came out recently was that claimed that the practice of flagging sight function to get to the bottom of rogue employees did this—and at one conservative groups for additional the scandal. We don’t want to just get point only one employee. Really? One scrutiny was contained to low-level to the bottom of the scandal so we can employee out of 106,000 that work at staffers at a Cincinnati office. First we make sure it never happens again. I the IRS, that’s what we’re supposed to heard it was a couple hundred, or 75, mean, that’s what we so often hear. We believe? and then 200, and now it’s like 500. I need to find out who instigated it and Are we supposed to change our trust mean, how much do we trust someone who authorized it, because it is very level and our belief level every day as that continues to change their story? hard for us to believe that these were new reports come out with new infor- And if it was low-level folks at the just some low-level employees that, mation that countervails the informa- agency, how come the guy at the top you know, took it upon themselves. tion of the day before? I mean, we’ve just resigned? I mean, I understand And I must ask everybody, what is got to ask—the government asks its that the buck stops there, but does the their impetus? What is their motiva- citizens all kinds of information, buck stop there—or should it stop tion to do that? What low-level em- whether you’re a farmer and the Agri- there? ployee would take it upon him or her- culture Department forces you to do a According to the report by the In- self to say, well, we’re going to start survey, complete a survey under pen- spector General, they knew about the investigating Tea Party groups and alty of law. problem by June 2011. I mean, they groups with the name ‘‘patriot’’ in And folks call up their Congressman. knew about it. They’re testifying in their organization. What’s in it for They call me up in the district office front of Members of Congress and mis- them? And I suspect you’re having a and they say: Why must I fill this out? leading Members of Congress. Forget hard time coming up with the answer, Members of Congress, what about the Why do they need all this information? just as I am. American people? What about the peo- What is this relevant information? How long has this been going on? That’s the Ag Department census. And ple in these organizations, God-fearing, Well, apparently it started in February tax-paying Americans that were tar- maybe it’s fair; maybe it’s not. I take of 2010, and it lasted for about 27 issue with it. But in this case, I really geted, what about them? months. The last appeal that was ap- According to the IG report, the IRS take issue with it because in this appli- proved was in Champaign, Illinois, in was not only targeting Tea Party orga- cation and in their findings, the IRS February of 2010. So if you think back nizations; it was going after groups fo- findings, they looked at what books to February, what was happening in cused on government spending, govern- Members were reading. Are we going to February of 2010? Well, first of all, if ment debt, taxes, and education on have a book burning next? you own an iPad right now, you ways to make America a better place b 1950 to live. Really? I mean, maybe I’m couldn’t get one in February of 2010 be- They looked at Facebook posts, re- being targeted because I’m looking cause there were none available; it sumes of officers, minutes of meetings through that list and I think those are wasn’t on the market. If you remember since the organizations’ inceptions. things I stand for. I think those are back then, there was a volcano over And I ask you, what does any of that things that most of my constituents Iceland that was stopping air travel to have to do with your tax status? Or stand for. Europe. There was the Freshwater Ho- It also started targeting groups criti- rizon that blew up in the gulf, killing does it have to do with something else? cizing the government or educating many workers and destroying the envi- Does it have to do with your political Americans about the Constitution and ronment or contaminating the environ- status and who you may disagree with? the Bill of Rights. Since when is it a ment in the gulf. That’s how long ago Thirty-one organizations’ informa- problem to criticize your government? this has happened. That’s how long this tion was released to organizations like I mean, isn’t that one of the funda- has been going on. And that’s how long ProPublica—31 organizations. Maybe mental things that this Nation was people in this administration knew that’s the beginning of that, and founded on? And now we’re going to about it and said nothing. maybe we don’t know the extent of have the IRS come after us. And is it You know, I don’t know what this how many other organizations were bad that we educate Americans about means for Tea Party organizations and leaked this information. What did they the Constitution and the Bill of patriot groups and the like. I mean, if do with it? Did they maybe use it to Rights? Is that a bad thing? Appar- I quote Julian Bond, the former head of target candidates in political elections ently—according to the IRS—it is. the NAACP, he calls the Tea Party the to make sure that they lost because The use of the IRS to target political Taliban of American politics. I would they disagreed with their ideology? opponents of an administration is one suggest to you that they’re exactly op- We understand that we oftentimes of the greatest dangers of the tremen- posite that, and the actions of the ad- disagree on ideology on policy, but we dous power of this Federal agency. I ministration are more keeping with expect a fair and level playing field, mean, I asked, are we living in a ba- Taliban-like tactics. I mean, these and we certainly expect the govern- nana republic? Is this a tin horn dicta- folks are continually ridiculed for ment to provide that. That’s the gov- torship, because certainly this can’t being, oh, opposed to government in- ernment’s role. That’s one of the gov- happen in America. These are things trusion in their lives, and worrying ernment’s core missions. In this case, that happen in these other small rogue about conspiracies, and what kind of obviously, the government was work- nations where there are political dis- personal things about them the governing for one team and decidedly against sidents that come to America to escape ment is looking into and what they’re the other team. What does that mean persecution. doing with it. And it’s all very con- to all Americans? So what’s next for us in America? If spiratorial, and they’re seen as kind of Some applications were under review it starts here, does it end with then us kookie whack jobs. Apparently they’re at the IRS for 3 years, yet you could going to jail as political dissenters right. Who knew? sue the IRS after 270 days for inaction. against some ideals that the adminis- During this same period of time, in- For 3 years these things went dormant. tration currently in power has? terestingly, a director in the IRS fast- So who’s responsible?

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.089 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 15, 2013 CONGRESSIONAL RECORD — HOUSE H2651 We have had a host of scandals in ment and the White House changed the issue a subpoena to a member of the news this town from time immemorial. This intelligence talking points. Changed media. administration is really at some point them why? Why change them? Why not That is not my words. That comes no different than the next, but on one tell the American people what hap- right from 28 CFR 50.10. point I think it has been so far: nobody pened, especially when apparently you Fifty-two major media organizations is ever responsible. People take respon- know what happened? Is it because it have spoken out against this. This is sibility, but there’s no accountability, shouldn’t have happened and it didn’t not a liberal/conservative thing. This is and no heads really roll. Nothing hap- have to happen, but there was inaction a freedom of the press. This is an issue pens to anyone. when something could have changed? that crosses all lines. Finally, there is a firing here and We heard that, well, we couldn’t get The press Shield Act has been intro- we’re not sure this guy had anything to folks there in time. We can do a lot of duced in the Senate. It was introduced do with it. But I would ask you this: things in this town, but one thing I a couple of years ago when Democrats The President says that he finds out haven’t seen anybody be able to do is held the House, the Senate, and the this information that you find out in to predict the future. Presidency. Now it is being reintro- the public on the same day you find it I don’t know who in the White House duced and retouted. Oh, really? If it out. Mr. Speaker, that seems odd to or who in the Department of State pre- was so important—if it is so important me. He’s the President. He’s the leader dicted that the attack would only last now, why didn’t you pass it then? Why of the country. We know that he can’t so long. Years ago, when I was a little did you wait until now to reintroduce know every little thing in every agen- kid, I watched hostages in Iran being it and make a big deal of it? cy. He can’t know that, and we don’t taken, and that lasted for well over a I would suggest to you that that is expect him to know that. That is why year, 470-some days or something like more damage control. It is more polit- he hires top people, smart people to that. ical gamesmanship and trying to just run those organizations for him. But he How did we know, how did the De- smooth over a bad situation. is the leader of the country, and when partment of State, how did the White The Justice Department wiretaps at this is going on for a couple of years House know that this wasn’t going to the AP led right to this House gallery. and they know about it, shouldn’t we be the same scenario and these folks And I wonder about jurisdictional be concerned that he doesn’t know any- weren’t going to be held captive for issues. Doesn’t the Executive Office thing about it? I mean, is that a failure years and years and the United States have a separation of powers duty? Can of leadership? I think that’s a great held hostage? They just assumed what- the Executive Office wiretap the House question. And I think that it is bad ever they assumed, I guess. of Representatives? It is just interesting. We don’t know that our President says that he doesn’t And what about the Senate? Isn’t it the President’s whereabouts during know, and that he truly doesn’t know. curious that the House of Representa- that period of time. I don’t know if we I don’t see that as a good thing. tives is controlled by the majority will ever know. But it is interesting Mr. Speaker, the American public in- party, which is Republicans, so the that there is no culpability, there is no creasingly has a trust issue with this wiretaps come here, but they don’t go accountability. Folks at the State De- administration, which is now in dam- to the Senate, where arguably most of partment, we were told, well, there age control, and we understand that were some low-level folks that were re- the reporters hang out because that is they have to be. But, Mr. Speaker, sponsible for the security misfortune where things are really happening most while they are in damage control, is and missteps at the consulate and they of the day, but no wiretaps there? I the people’s business, the legitimate have been reassigned. Four people are guess it is just a coincidence, Mr. people’s business being conducted right dead. Families don’t know why their Speaker. now? Where is their focus? Where was children died—their brothers, their sis- Let’s move on. Health and Human their focus on these issues when they ters, their husbands, their fathers— Services Secretary Sebelius out solic- could have been stopped or averted, they don’t know to what end, and they iting funds to pay for ObamaCare. Is and where is it now and what is the still don’t know. If we left it up to this that appropriate or is that not a little cost of that? administration, who keeps on scandalous? Is she shaking them down? And I would also say to you this: as stonewalling and just metering out the Are we just now waiting for the next a person who has lead organizations information only as fast as we can pull shoe to drop on that and to get some myself, at the top is where the culture it out of them, they may never know. information about that? starts. The person at the top, he or she Is it embarrassing? Americans are There’s another one waiting in the determines the culture of that whole forgiving. If a mistake was made in wings as we speak, the EPA. Fees for organization. The people within that good faith, a mistake was made. We are FOIA requests. Freedom of Information organization survive or do not survive all human. But was a mistake made in Act requests are normally waived for by going along and learning to fit in good faith or was a mistake made— philanthropic and public policy-ori- with that culture. If everything below scratch that. Was it a precalculated de- ented organizations. And, of course, that starts eroding, you can only, at cision for political purposes? And, if it they were waived for 92 percent of some point, look towards the top. was, that is, indeed, reprehensible. I’m green groups friendly with the EPA. In- I would submit to you under the cur- sure that is, indeed, embarrassing and terestingly, during the same period of rent scenario of the last week’s events there will be a cost to that. So maybe time, the fees were universally applied that we might really be seeing the ad- that is the motivation we don’t know. to conservative groups. vent of the evidence of a culture of cor- And then there is the Justice Depart- b 2000 ruption that has been going on for ment wiretaps at the AP. The Attorney more than just a few days. Let’s just go General recused himself. He recused Mr. Speaker, we have a trust issue. through a couple of them. I know you himself. He recused himself of what? We’ve had a trust issue in the House of know it is coming. I’m not sure the timeline there. Does Representatives with the administra- It started with Fast and Furious, and that mean he knew that the Justice tion for some time, and the American I can tell you that I don’t feel like I’ve Department was going to tap the AP, people are starting to realize that they, gotten the answers. I don’t think the one of the largest wire services in the too, have a trust issue. It is unfortu- American people have gotten the an- world? Did he know and say, well, nate. It is unfortunate because, at a swers that they have been looking for. there is an investigation going on so time when Congress is, generally I certainly don’t think that justice has I’m going to stay out of it and he left speaking, still pretty close to an all- been served for those folks and, in par- it to his deputy? time low in approval rating, what we ticular, the one agent on the border We don’t know what to trust, but I need is uplifting things from the most who lost his life over that. can tell you this. According to the De- transparent organization in history to And, of course, there’s Benghazi, partment of Justice, their media sub- make sure that the American people which information continues to come poena requirement is: know that they can trust their govern- out even as we speak, including emails The approval of the Attorney General is re- ment even though they don’t always today that show that the State Depart- quired before a government attorney can agree. Sometimes they disagree with

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.090 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2652 CONGRESSIONAL RECORD — HOUSE May 15, 2013 policy, but if it’s out front—if you give uals for what they think and what they States against all enemies, foreign somebody your rationale, if you tell say. and domestic; that I will bear true him this is why I think we should do There is no place for that in America. faith and allegiance to the same; what we should do—a citizen says, I We need to get back to the people’s that I take this obligation freely, don’t agree, but you’re our leader, so business, and we need to do it right without any mental reservation or go ahead. fast. purpose of evasion; and that I will We don’t lie to the American people. Mr. Speaker, I yield back the balance well and faithfully discharge the We don’t hide things from the Amer- of my time. duties of the office on which I am ican people. We don’t watch Americans f about to enter. So help me God.’’ die and do nothing about it and then has been subscribed to in person and lie about it after the fact. We don’t LEAVE OF ABSENCE filed in duplicate with the Clerk of the mislead Congress. By unanimous consent, leave of ab- House of Representatives by the fol- Mr. Speaker, it’s the most critical sence was granted to: lowing Member of the 113th Congress, time during these times for the admin- Mr. CULBERSON (at the request of Mr. pursuant to the provisions of 2 U.S.C. istration to fully come clean on every- CANTOR) for today on account of ill- 25: thing. Be up front on everything. Don’t ness. MARK SANFORD, First District of parse the information, because all that South Carolina. will serve to do is to erode the trust of f f the American people further day by ENROLLED BILL SIGNED day, not only in the administration, EXECUTIVE COMMUNICATIONS, Karen L. Haas, Clerk of the House, but in the halls of all of government in- ETC. reported and found truly enrolled a bill stitutions from the top to the bottom. Under clause 2 of rule XIV, executive We as Americans are right to be cyn- of the House of the following title, which was thereupon signed by the communications were taken from the ical of our government. We are right Speaker’s table and referred as follows: to, and we have a right to be cynical. Speaker: H.R. 360. An act to award posthumously a 1487. A letter from the Under Secretary, It’s not a bad thing. We have the right Department of Defense, transmitting the De- to question, and we should question— Congressional Gold Medal to Addie Mae Col- lins, Denise McNair, Carole Robertson, and partment’s report on National Guard that’s how answers come—but we Cynthia Wesley to commemorate the lives Counterdrug Schools Activities, pursuant to shouldn’t have to question the trust. they lost 50 years ago in the bombing of the Public Law 109-469, section 901(f); to the Questioning motives, questioning poli- Sixteenth Street Baptist Church, where Committee on Armed Services. cies, those are apt things, but not won- there 4 little Black girls’ ultimate sacrifice 1488. A letter from the Assistant General dering why the government is col- served as a catalyst for the Civil Rights Counsel, Division of Regulatory Services, Movement. Department of Education, transmitting the lecting information to give to the IRS. Department’s final rule — Program Integrity Why would you give it to the IRS? f Issues [Docket ID: ED-2010-OPE-0004] (RIN: Why did the IRS need that informa- 1840-AD02) received April 29, 2013, pursuant tion? Was it to get more taxes? Why do BILL PRESENTED TO THE to 5 U.S.C. 801(a)(1)(A); to the Committee on they need to know what books you’re PRESIDENT Education and the Workforce. reading? The IRS can put people in jail, Karen L. Haas, Clerk of the House, 1489. A letter from the Deputy Assistant folks. Are we looking towards a time reported that on May 15, 2013, she pre- Secretary for Higher Education Programs, when we put people in jail for reading sented to the President of the United Department of Education, transmitting the Department’s final rule — Final Priorities; the wrong books? for thinking the States, for his approval, the following Gaining Early Awareness and Readiness for wrong things? for opposing the ruling bill: Undergraduate Programs (GEAR UP) College powers? That is something for another H.R. 360. To award posthumously a Con- Savings Account Research Demonstration world. That is something from another gressional Gold Medal to Addie Mae Collins, Project [CFDA Number: 84.334D.] received world, another country. Denise McNair, Carole Robertson, and Cyn- April 29, 2013, pursuant to 5 U.S.C. This is America. These things do not thia Wesley to commemorate the lives they 801(a)(1)(A); to the Committee on Education happen here. These things should not lost 50 years ago in the bombing of the Six- and the Workforce. happen here. Yet these things, appar- teenth Street Baptist Church, where these 4 1490. A letter from the Assistant Legal Ad- ently and sadly, have happened here. little Black girls’ ultimate sacrifice served viser for Treaty Affairs, Department of as a catalyst for the Civil Rights Movement. State, transmitting report prepared by the It is time for the administration to Department of State concerning inter- f lay everything on the table so that we national agreements other than treaties en- know where we stand, so that we can ADJOURNMENT tered into by the United States to be trans- get past this and get back to the busi- mitted to the Congress within the sixty-day ness of governance. We have slow eco- Mr. PERRY. Mr. Speaker, I move period specified in the Case-Zablock Act; to nomic growth. People are struggling. that the House do now adjourn. the Committee on Foreign Affairs. People have lost their jobs. People will The motion was agreed to; accord- 1491. A letter from the Chief Justice, Su- continue to lose their jobs. Bills are ingly (at 8 o’clock and 4 minutes p.m.), preme Court of the United States, transmit- under its previous order, the House ad- ting amendments to the Federal Rules of going up, and paychecks are going Criminal Procedure that have been adopted down. That’s what we need to be focus- journed until tomorrow, Thursday, May 16, 2013, at 10 a.m. for morning- by the Supreme Court, pursuant to 28 U.S.C. ing on. 2072; (H. Doc. No. 113—25); to the Committee We are held hostage by foreign gov- hour debate. on the Judiciary and ordered to be printed. ernments who own our debt. We are f 1492. A letter from the Chief Justice, Su- held hostage by foreign governments preme Court of the United States, transmit- who hold energy supplies while we’re OATH OF OFFICE MEMBERS, RESI- ting amendments to the Federal Rules of standing right on top of them in Amer- DENT COMMISSIONER, AND DEL- Evidence that have been adopted by the Su- ica. Those are the policies we need to EGATES preme Court, pursuant to 28 U.S.C. 2072; (H. Doc. No. 113—26); to the Committee on the be discussing, not whether our govern- The oath of office required by the Judiciary and ordered to be printed. ment misled us about Benghazi; wheth- sixth article of the Constitution of the 1493. A letter from the Chief Justice, Su- er they misled us about wiretaps; United States, and as provided by sec- preme Court of the United States, transmit- whether they misled us about Fast and tion 2 of the act of May 13, 1884 (23 ting amendments to the Federal Rules of Ap- Furious; whether they misled us about Stat. 22), to be administered to Mem- pellate Procedure that have been adopted by Health and Human Services and what bers, Resident Commissioner, and Dele- the Supreme Court, pursuant to 28 U.S.C. they’re doing with shaking down com- gates of the House of Representatives, 2072; (H. Doc. No. 113—27); to the Committee panies for money for ObamaCare; the text of which is carried in 5 U.S.C. on the Judiciary and ordered to be printed. 1494. A letter from the Chief Justice, Su- whether they’re going to mislead us 3331: preme Court of the United States, transmit- about the EPA and fees charged to cer- ‘‘I, AB, do solemnly swear (or af- ting amendment to the Federal Rules of tain organizations only; and certainly, firm) that I will support and defend Bankruptcy Procedure that have been adopt- the IRS’ targeting of certain individ- the Constitution of the United ed by the Supreme Court, pursuant to 28

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.092 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 15, 2013 CONGRESSIONAL RECORD — HOUSE H2653 U.S.C. 2075; (H. Doc. No. 113—28); to the Com- tention to include Japan in the ongoing ne- H.R. 1984. A bill to amend the Public mittee on the Judiciary and ordered to be gotiations of the Trans-Pacific Partnership; Health Service Act to raise awareness of, and printed. to the Committee on Ways and Means. to educate breast cancer patients antici- 1495. A letter from the Chief Justice, Su- f pating surgery, especially patients who are preme Court of the United States, transmit- members of racial and ethnic minority ting amendments to the Federal Rules of REPORTS OF COMMITTEES ON groups, regarding the availability and cov- Civil Procedure that have been adopted by PUBLIC BILLS AND RESOLUTIONS erage of breast reconstruction, prostheses, the Supreme Court, pursuant to 28 U.S.C. and other options; to the Committee on En- 2072; (H. Doc. No. 113—29); to the Committee Under clause 2 of rule XIII, reports of ergy and Commerce. on the Judiciary and ordered to be printed. committees were delivered to the Clerk By Mr. LANCE (for himself, Mr. DENT, 1496. A letter from the Deputy Assistant for printing and reference to the proper Mr. DUNCAN of South Carolina, Mr. Administrator, Department of Justice, calendar, as follows: FRELINGHUYSEN, Mr. GRIMM, Mr. transmitting the Department’s final rule — Mr. HENSARLING: Committee on Finan- HANNA, Mr. HARRIS, Mr. JONES, Mr. Schedules of Controlled Substances: Place- cial Services. H.R. 701. A bill to amend a pro- RUNYAN, Mr. SMITH of New Jersey, ment of Lorcaserin Into Schedule IV [Docket vision of the Securities Act of 1933 directing Mr. WELCH, Mr. WILSON of South No.: DEA-369] received May 8, 2013, pursuant the Securities and Exchange Commission to Carolina, and Mr. KING of New York): to 5 U.S.C. 801(a)(1)(A); to the Committee on add a particular class of securities to those H.R. 1985. A bill to amend the National the Judiciary. exempted under such Act to provide a dead- Oilheat Research Alliance Act of 2000 to re- 1497. A letter from the Chair and CEO, line for such action (Rept. 113–58). Referred authorize and improve that Act, and for Farm Credit Administration, transmitting to the Committee of the Whole House on the other purposes; to the Committee on Energy the Administration’s final rule—Rules of state of the Union. and Commerce. Practice and Procedure; Adjusting Civil Mr. BURGESS: Committee on Rules. House By Mr. LIPINSKI (for himself, Mr. Money Penalties for Inflation (RIN: 3052- Resolution 215. Resolution providing for con- FORTENBERRY, Mrs. HARTZLER, and AC87) received May 6, 2013, pursuant to 5 sideration of the bill (H.R. 45) to repeal the Ms. SPEIER): U.S.C. 801(a)(1)(A); to the Committee on the Patient Protection and Affordable Care Act H.R. 1986. A bill to provide for the assign- Judiciary. and health care-related provisions in the ment of Sexual Assault Nurse Examiners- 1498. A letter from the Attorney Advisor, Health Care and Education Reconciliation Adult/Adolescent to brigades and equivalent Department of Homeland Security, transmit- Act of 2010 (Rept. 113–59). Referred to the units of the Armed Forces; to the Committee ting the Department’s final rule — Special House Calendar. on Armed Services. Local Regulation; Hebda Cup Rowing Re- Mr. SESSIONS: Committee on Rules. By Ms. SINEMA: gatta, Trenton Channel; Detroit River, Wy- H.R. 1987. A bill to amend title 38, United House Resolution 216. Resolution providing andotte, MI [Docket Number: USCG-2013- States Code, to increase the amount of bene- for consideration of the bill (H.R. 1062) to im- 0211] (RIN: 1625-AA08) received May 1, 2013, fits payable for the burial and funeral ex- prove the consideration by the Securities pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- penses of certain veterans; to the Committee and Exchange Commission of the costs and mittee on Transportation and Infrastruc- on Veterans’ Affairs. benefits of its regulations and orders (Rept. ture. By Mr. ALEXANDER (for himself and 113–60). Referred to the House Calendar. 1499. A letter from the Paralegal Spe- Mr. CONNOLLY): cialist, Department of Transportation, trans- f H.R. 1988. A bill to amend title 38, United mitting the Department’s final rule — PUBLIC BILLS AND RESOLUTIONS States Code, to provide authority for certain Standard Instrument Approach Procedures, members of the Armed Forces to transfer en- and Takeoff Minimums and Obstacle Depar- Under clause 2 of rule XII, public titlement to Post-9/11 Educational Assist- ture Procedures; Miscellaneous Amendments bills and resolutions of the following ance to their dependents; to the Committee [Docket No.: 30896; Amdt. No. 3531] received titles were introduced and severally re- on Veterans’ Affairs. May 6, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); ferred, as follows: By Mr. ALEXANDER: to the Committee on Transportation and In- H.R. 1989. A bill to require the Forest Serv- frastructure. By Mr. GEORGE MILLER of California ice to accommodate, to the extent consistent 1500. A letter from the Paralegal Spe- (for himself, Mrs. NAPOLITANO, Mr. with the management objectives and limita- cialist, Department of Transportation, trans- HOLT, Mr. GRIJALVA, Ms. JACKSON tions applicable to the National Forest Sys- mitting the Department’s final rule — LEE, Ms. CASTOR of Florida, Mr. YAR- tem lands at issue, individuals with mobility Standard Instrument Approach Procedures, MUTH, Mr. POLIS, Ms. KAPTUR, Ms. disabilities who need to use a power-driven and Takeoff Minimums and Obstacle Depar- TSONGAS, Ms. LEE of California, Mr. mobility device for reasonable access to such ture Procedures; Miscellaneous Amendments LEWIS, Mr. SCOTT of Virginia, Mrs. lands; to the Committee on Agriculture, and [Docket No.: 30897; Amdt. No. 3532] received MCCARTHY of New York, and Ms. WIL- in addition to the Committee on Natural Re- May 6, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); SON of Florida): sources, for a period to be subsequently de- to the Committee on Transportation and In- H.R. 1981. A bill to require certain stand- termined by the Speaker, in each case for frastructure. ards and enforcement provisions to prevent consideration of such provisions as fall with- 1501. A letter from the Paralegal Spe- child abuse and neglect in residential pro- in the jurisdiction of the committee con- cialist, Department of Transportation, trans- grams, and for other purposes; to the Com- cerned. mitting the Department’s final rule — mittee on Education and the Workforce. By Mr. PRICE of Georgia: amendment of Restricted Areas R-670A, B, C, By Mr. REICHERT (for himself and Mr. H.R. 1990. A bill to prohibit the Secretary D; and Establishment of Restricted Areas R- THOMPSON of California): of the Treasury from enforcing the Patient 6703E, F, G, H, I, and J; WA [Docket No.: H.R. 1982. A bill to amend section 1862 of Protection and Affordable Care Act and the FAA-2012-0371; Airspace Docket No. 12-ANM- the Social Security Act with respect to the Health Care and Education Reconciliation 14] (RIN: 2120-AA66) received May 6, 2013, pur- application of Medicare secondary payer Act of 2010; to the Committee on Ways and suant to 5 U.S.C. 801(a)(1)(A); to the Com- rules to workers’ compensation settlement Means. mittee on Transportation and Infrastruc- agreements and Medicare set-asides under By Mr. ANDREWS: ture. such agreements; to the Committee on Ways H.R. 1991. A bill to require the Secretary of 1502. A letter from the Paralegal Spe- and Means, and in addition to the Committee Education to verify that individuals have cialist, Department of Transportation, trans- on Energy and Commerce, for a period to be made a commitment to serve in the Armed mitting the Department’s final rule — Modi- subsequently determined by the Speaker, in Forces or in public service, or otherwise are fication of VOR Federal Airway V-595, OR each case for consideration of such provi- a borrower on an eligible loan which has [Docket No.: FAA-2012-1004; Airspace Docket sions as fall within the jurisdiction of the been submitted to a guaranty agency for de- No. 12-ANM-21] (RIN: 2120-AA66) received committee concerned. fault aversion or is already in default, before May 6, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); By Mr. ROYCE (for himself and Ms. such individuals obtain a consolidation loan to the Committee on Transportation and In- BASS): for purposes specified under section 455(o) of frastructure. H.R. 1983. A bill to amend the Food for the Higher Education Act of 1965; to the 1503. A letter from the Director of Regula- Peace Act to reform the food assistance pro- Committee on Education and the Workforce. tion Policy and Management, Office of the grams under that Act, and for other pur- By Mr. COLLINS of Georgia (for him- General Counsel, Department of Veterans Af- poses; to the Committee on Foreign Affairs, self, Mr. SCHNEIDER, Mr. ROYCE, and fairs, transmitting the Department’s final and in addition to the Committees on Agri- Ms. GABBARD): rule — Payment for Home Health Services culture, Transportation and Infrastructure, H.R. 1992. A bill to amend the requirements and Hospice Care to Non-VA Providers (RIN: and Armed Services, for a period to be subse- relating to assessment of Israel’s qualitative 2900-AN98) received May 6, 2013, pursuant to quently determined by the Speaker, in each military edge over military threats, and for 5 U.S.C. 801(a)(1)(A); to the Committee on case for consideration of such provisions as other purposes; to the Committee on Foreign Veterans’ Affairs. fall within the jurisdiction of the committee Affairs. 1504. A letter from the Acting United concerned. By Mr. FORBES: States Trade Representative, United States By Mr. LANCE (for himself and Mrs. H.R. 1993. A bill to prohibit the Internal Trade Representative, transmitting the in- CHRISTENSEN): Revenue Service from hiring new employees

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\L15MY7.000 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2654 CONGRESSIONAL RECORD — HOUSE May 15, 2013 to enforce the Federal Government’s inva- H.R. 2001. A bill to amend title 38, United should be honored for their sacrifice and sion into the health care lives of American States Code, to improve the ability of health commitment to preserving law and order; to citizens; to the Committee on Ways and care professionals to treat veterans via tele- the Committee on the Judiciary. Means. medicine; to the Committee on Veterans’ Af- f By Mr. HARPER: fairs. H.R. 1994. A bill to terminate the Election By Mr. RYAN of Ohio (for himself, Ms. MEMORIALS Assistance Commission; to the Committee GRANGER, Ms. MCCOLLUM, Ms. Under clause 3 of rule XII, on House Administration. KUSTER, Mrs. LOWEY, Ms. KAPTUR, By Mr. KIND (for himself, Mr. PETRI, Mr. COLE, and Mr. CRENSHAW): 25. The SPEAKER presented a memorial of Mr. BLUMENAUER, Ms. DELAURO, Mr. H.R. 2002. A bill to amend title 10, United the Senate of the State of Georgia, relative WAXMAN, Mr. SENSENBRENNER, Mr. States Code, to enhance assistance for vic- to Senate Resolution No. 423 urging the Con- MCGOVERN, and Mr. COOPER): tims of sexual assault committed by mem- gress and the President to resolve the na- H.R. 1995. A bill to reform the Federal Crop bers of the Armed Forces, and for other pur- tional debt crisis; to the Committee on Ways Insurance Act and reduce Federal spending poses; to the Committee on Armed Services. and Means. on crop insurance; to the Committee on Ag- By Mr. RYAN of Ohio (for himself and f riculture. Mrs. LOWEY): By Mr. KING of New York (for himself, H.R. 2003. A bill to amend the Federal CONSTITUTIONAL AUTHORITY Mrs. CAROLYN B. MALONEY of New Food, Drug, and Cosmetic Act to require the STATEMENT York, Mr. RUNYAN, Mr. PETRI, Mr. label of drugs intended for human use to con- Pursuant to clause 7 of rule XII of YOUNG of Florida, and Mr. DEFAZIO): tain a parenthetical statement identifying H.R. 1996. A bill to provide for free mailing the source of any ingredient constituting or the Rules of the House of Representa- privileges for personal correspondence and derived from a grain or starch-containing in- tives, the following statements are sub- parcels sent to members of the Armed Forces gredient; to the Committee on Energy and mitted regarding the specific powers serving on active duty in Iraq or Afghani- Commerce. granted to Congress in the Constitu- stan; to the Committee on Armed Services. By Mr. SIMPSON (for himself and Mr. tion to enact the accompanying bill or By Mr. MCKEON (for himself and Mr. DEFAZIO): joint resolution. PETERS of California): H.R. 2004. A bill to expand geothermal pro- By Mr. GEORGE MILLER of Cali- H.R. 1997. A bill to allow investor partici- duction, and for other purposes; to the Com- fornia: pation in the loan rehabilitation program mittee on Natural Resources. H.R. 1981. authorized under section 203(k) of the Na- By Mr. TIERNEY (for himself, Mr. Congress has the power to enact this legis- tional Housing Act; to the Committee on Fi- CAPUANO, Mr. CUMMINGS, Mr. FARR, lation pursuant to the following: nancial Services. Ms. HAHN, Mr. KEATING, Ms. LOF- Article I, Section 8, Clause 1, 3 and 18 of By Mr. MCKEON (for himself and Ms. GREN, Mrs. CAROLYN B. MALONEY of the United States Constitution. LORETTA SANCHEZ of California): New York, Mr. MARKEY, Mr. MCGOV- By Mr. REICHERT: H.R. 1998. A bill to amend the Lacey Act ERN, Mr. MORAN, Mrs. NAPOLITANO, H.R. 1982. Amendments of 1981 to clarify provisions en- Ms. SPEIER, and Ms. TSONGAS): acted by the Captive Wildlife Safety Act, to H.R. 2005. A bill to provide for the develop- Congress has the power to enact this legis- further the conservation of certain wildlife ment and use of technology for personalized lation pursuant to the following: species, and for other purposes; to the Com- handguns, to require that, within 3 years, all ‘‘The constitutional authority of Congress mittee on Natural Resources. handguns manufactured or sold in, or im- to enact this legislation is provided by Arti- By Mr. MURPHY of Florida (for him- ported into, the United States incorporate cle 1, section 8 of the United States Constitu- self, Mr. JOYCE, Mr. PETERS of Cali- such technology, and for other purposes; to tion, specifically clause 1 (relating to pro- fornia, Mr. RICE of South Carolina, the Committee on the Judiciary, and in addi- viding for the general welfare of the United and Ms. SINEMA): tion to the Committee on Energy and Com- States) and clause 18 (relating to the power H.R. 1999. A bill to reduce waste and imple- merce, for a period to be subsequently deter- to make all laws necessary and proper for ment cost savings and revenue enhancement mined by the Speaker, in each case for con- carrying out the powers vested in Congress), for the Federal Government; to the Com- sideration of such provisions as fall within and Article IV, section 3, clause 2 (relating mittee on Oversight and Government Re- the jurisdiction of the committee concerned. to the power of Congress to dispose of and form, and in addition to the Committees on By Mr. WALBERG (for himself and Mr. make all needful rules and regulations respecting the territory or other property be- Appropriations, Agriculture, Energy and KILDEE): Commerce, and Ways and Means, for a period H.R. 2006. A bill to amend the Internal Rev- longing to the United States).’’ to be subsequently determined by the Speak- enue Code of 1986 to expand access to Cover- By Mr. ROYCE: er, in each case for consideration of such pro- dell education savings accounts; to the Com- H.R. 1983. visions as fall within the jurisdiction of the mittee on Ways and Means. Congress has the power to enact this legis- committee concerned. By Mr. WELCH: lation pursuant to the following: By Mr. PIERLUISI (for himself, Mr. H.R. 2007. A bill to eliminate the limita- Article I, section 8 of the Constitution of HOYER, Mr. YOUNG of Alaska, Mr. tion on the period for which borrowers are the United States SERRANO, Mr. KING of New York, Mr. eligible for guaranteed assistance under the By Mr. LANCE: GEORGE MILLER of California, Ms. Consolidated Farm and Rural Development H.R. 1984. ROS-LEHTINEN, Ms. WASSERMAN Act; to the Committee on Agriculture. Congress has the power to enact this legis- SCHULTZ, Mr. RANGEL, Mr. WAXMAN, By Mr. WELCH: lation pursuant to the following: Ms. KAPTUR, Mr. ENGEL, Mr. H.R. 2008. A bill to prohibit United States Article I of the Constitution of the United FALEOMAVAEGA, Ms. NORTON, Ms. assistance for Afghanistan unless the United States. BROWN of Florida, Mr. MICA, Mr. HAS- States and Afghanistan enter into a bilateral By Mr. LANCE: TINGS of Florida, Mr. FATTAH, Mr. agreement which provides that work per- H.R. 1985. KIND, Mr. CROWLEY, Mr. DIAZ- formed in Afghanistan by United States con- Congress has the power to enact this legis- BALART, Mr. GRIJALVA, Ms. tractors is exempt from taxation by the Gov- lation pursuant to the following: BORDALLO, Mr. ELLISON, Ms. CASTOR ernment of Afghanistan; to the Committee Article 1, Section 8, Congress has the of Florida, Ms. FUDGE, Mr. SCHOCK, on Foreign Affairs. power ‘‘to regulate commerce with foreign Mr. SABLAN, Mr. DEUTCH, Mr. POLIS, By Mr. WEBER of Texas (for himself, nations, and among the several states.’’ Mr. GRAYSON, Ms. WILSON of Florida, Mr. SMITH of Texas, Mr. HALL, Mr. By Mr. LIPINSKI: Mr. GARCIA, and Ms. SHEA-PORTER): NEUGEBAUER, Mr. SENSENBRENNER, H.R. 1986. H.R. 2000. A bill to set forth the process for Mr. STOCKMAN, Mr. CRAMER, Mr. Congress has the power to enact this legis- Puerto Rico to be admitted as a State of the SCHWEIKERT, and Mr. STEWART): lation pursuant to the following: Union; to the Committee on Natural Re- H. Res. 214. A resolution expressing the Article I, Section 8 of the United States sources. sense of the House of Representatives that Constitution. By Mr. RANGEL (for himself, Mr. extensive scientific and technical studies By Ms. SINEMA: THOMPSON of Pennsylvania, Mr. and analyses by the Department of State and H.R. 1987. MCGOVERN, Ms. LEE of California, other Federal agencies have affirmed that Congress has the power to enact this legis- Mr. RAHALL, Mrs. NAPOLITANO, Mr. the proposed Keystone XL pipeline is an en- lation pursuant to the following: MCCAUL, Mr. WESTMORELAND, Mr. vironmentally sound project; to the Com- The constitutional authority on which this PERRY, Mr. JONES, Mrs. CAPPS, Ms. mittee on Science, Space, and Technology. bill rests is the power of Congress to lay and CHU, Ms. NORTON, Mr. MEEKS, Mr. By Mr. BENTIVOLIO: collect duties, imposts and excises, to pay WALZ, Mr. COOPER, Mr. NUNNELEE, H. Res. 217. A resolution expressing the the debts and provide for the general welfare Mr. BROUN of Georgia, Mr. CLEAVER, sense of the House of Representatives that of the United States; as enumerated in Arti- Mr. GARY G. MILLER of California, the Federal, State, and local police officers cle I, Section 8. Mr. KELLY of Pennsylvania, Mr. who have fallen while fulfilling their duty By Mr. ALEXANDER: POCAN, and Mr. ROE of Tennessee): both in Michigan and the United States H.R. 1988.

VerDate Mar 15 2010 04:23 May 16, 2013 Jkt 029060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\L15MY7.100 H15MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 15, 2013 CONGRESSIONAL RECORD — HOUSE H2655 Congress has the power to enact this legis- this Constitution in the Government of the By Mr. TIERNEY: lation pursuant to the following: United States, or in any Department or Offi- H.R. 2005. Clause 1 of section 8 of article I of the Con- cer thereof. Congress has the power to enact this legis- stitution granting that ‘‘[t]he Congress shall By Mr. MCKEON: lation pursuant to the following: have power to . . . provide for the common H.R. 1997. Article 1, Section 8. defence and general welfare of the United Congress has the power to enact this legis- By Mr. WALBERG: 1 States;’’ as well as clause 18 of section 8 of lation pursuant to the following: H.R. 2006. article I of the Constitution provides that Article I, Section 8, Clause 3 of the Con- Congress has the power to enact this legis- ‘‘[t]he Congress shall have power . . . To stitution—the Commerce Clause—and Arti- lation pursuant to the following: make all laws which shall be necessary and cle I, Section 8, Clause 18 of the Constitu- Article 1, Section 8. proper for carrying into Execution the fore- tion—the Necessary and Proper Clause. Clause 1: The Congress shall have Power going Powers, and all other Powers vested by By Mr. MCKEON: To lay and collect Taxes, Duties, Imposts this Constitution in the Government of the H.R. 1998. and Excises, to pay the Debts and provide for United States, or in any Department or Offi- Congress has the power to enact this legis- the common Defence and general Welfare of cer thereof. lation pursuant to the following: the United States; but all Duties, Imposts By Mr. ALEXANDER: (Article I, Section 8, Clause 3). The com- and Excises shall be uniform throughout the H.R. 1989. merce clause states that the United States United States; Congress has the power to enact this legis- Congress shall have power ‘‘To regulate Clause 18: To make all Laws which shall be lation pursuant to the following: Commerce with foreign Nations, and among necessary and proper for carrying into Exe- Article 1, Section 8, Clause 18, which states the several States, and with the Indian cution the foregoing Powers, and all other Congress may ‘‘. . . make all Laws which Tribes.’’ Courts and commentators Powers vested by this Constitution in the shall be necessary and proper for carrying By Mr. MURPHY of Florida: Government of the United States, or in Any into Execution the foregoing Powers . . .’’ H.R. 1999. Department of Officer thereof. By Mr. PRICE of Georgia: Congress has the power to enact this legis- By Mr. WELCH: H.R. 1990. lation pursuant to the following: H.R. 2007. Congress has the power to enact this legis- Article 1 Section 8 Clause 18 of the United Congress has the power to enact this legislation pursuant to the following: States Constitution: lation pursuant to the following: The Congress shall have Power—To make Consistent with the original understanding Article 1, Section 8, Clause 18: The Con- all Laws which shall be necessary and proper of the commerce clause, the authority to gress shall have Power To . . . make all for carrying into Execution the foregoing enact this legislation is found in Clause 3 of Laws which shall be necessary and proper for Powers, and all other Powers vested by this Section 8, Article I of the Constitution. The carrying into Execution the foregoing Pow- Constitution in the Government of the bill stops the IRS implementation of the Pa- ers, and all other Powers vested by this Con- United States, or in any Department or Offi- tient Protection and Affordable Care Act, stitution in the Government of the United cer thereof. which exceeds the authority vested in Con- States, or in any Department or Officer gress by the Constitution. Finally, the bill By Mr. PIERLUISI: thereof. H.R. 2000. removes government intrusion into the doc- By Mr. WELCH: Congress has the power to enact this legis- tor-patient relationship, which is protected H.R. 2008. lation pursuant to the following: Congress has the power to enact this legis- by the Ninth and Tenth Amendments to the The constitutional authority on which this Constitution. lation pursuant to the following: bill rests is the power of the Congress to Article 1, Section 8, Clause 18: The Con- By Mr. ANDREWS: admit new States into the Union and to gress shall have Power To . . . make all H.R. 1991. make all needful rules and regulations re- Congress has the power to enact this legis- Laws which shall be necessary and proper for specting the territories of the United States, carrying into Execution the foregoing Pow- lation pursuant to the following: as enumerated in Section 3 of Article IV of Congress’ Spending Power as contained in ers, and all other Powers vested by this Con- the Constitution. Article I, Section 8, Clause 1 of the United stitution in the Government of the United By Mr. RANGEL: States Constitution. States, or in any Department or Officer H.R. 2001. thereof. By Mr. COLLINS of Georgia: Congress has the power to enact this legis- H.R. 1992. lation pursuant to the following: f Congress has the power to enact this legis- Congress is given the power under the Con- ADDITIONAL SPONSORS lation pursuant to the following: stitution ‘‘To raise and support Armies,’’ Congress has authority under Article I, ‘‘To provide and maintain a Navy,’’ and ‘‘To Under clause 7 of rule XII, sponsors Section 8, cl. 3, the Interstate Commerce make Rules for the Government and Regula- were added to public bills and resolu- Clause, to regulate interstate and foreign tion of the land and naval Forces.’’ Art. I, § 8, tions as follows: commerce. cls. 12–14. See also: ROSTKER V. GOLD- H.R. 3: Mr. ROTHFUS, Mr. DENHAM, and Mr. Congress has authority under Article I, BERG, 453 U.S. 57 (1981) KINGSTON. Section 8, cl. 18, the Necessary and Proper By Mr. RYAN of Ohio: H.R. 7: Mr. WEBSTER of Florida, Mr. Clause, to effectuate its powers enumerated H.R. 2002. MCCAUL, Mr. MULLIN, Mr. NUNNELEE, Mr. elsewhere. Congress has the power to enact this legis- TIBERI, Mr. BISHOP of Utah, Mr. GRIFFIN of By Mr. FORBES: lation pursuant to the following: Arkansas, Mr. WEBER of Texas, Mr. PALAZZO, H.R. 1993. Section 8, Clauses 14 and 18: Mr. LATTA, and Mr. KING of New York. Congress has the power to enact this legis- To make Rules for the Government and H.R. 22: Mr. OLSON. lation pursuant to the following: Regulation of the land and naval Forces; and H.R. 23: Mr. KINGSTON. Article I, Section 8, Clauses 1 and 18 To make all Laws which shall be necessary H.R. 45: Mr. STUZMAN, Mr. LUCAS, and Mr. By Mr. HARPER: and proper for carrying into Execution the AUSTIN SCOTT of Georgia. H.R. 1994. foregoing Powers, and all other Powers vest- H.R. 104: Mr. NUGENT. Congress has the power to enact this legis- ed by this Constitution in the Government of H.R. 164: Mr. WAXMAN, Mr. MCGOVERN, Mr. lation pursuant to the following: the United States or in any Department or HOLDING, Ms. PINGREE of Maine, Mr. JORDAN, Article I, Section 4 of the U.S. Constitu- Officer thereof and Mr. PETERS of California. tion granting Congress the authority to By Mr. RYAN of Ohio: H.R. 184: Mr. GRAVES of Missouri, Mr. make laws governing the time, place, and H.R. 2003. LOBIONDO, Mr. TURNER, and Mr. BROUN of manner of holding Federal elections. Congress has the power to enact this legis- Georgia. By Mr. KIND: lation pursuant to the following: H.R. 207: Mrs. NOEM. H.R. 1995. To make all Laws which shall be necessary H.R. 241: Mr. COLE. Congress has the power to enact this legis- and proper for carrying into Execution the H.R. 262: Mr. MCDERMOTT. lation pursuant to the following: foregoing Powers, and all other Powers vest- H.R. 303: Mr. MCCAUL. Article I, Section 8, Clause 3: To regulate ed by this Constitution in the Government of H.R. 335: Mr. LARSON of Connecticut. Commerce with foreign Nations, and among the United States, or in any Department or H.R. 346: Mr. HARRIS, Mr. BISHOP of Utah, the several States, and with the Indian Officer thereof. Mrs. BLACKBURN, Mr. GRIFFIN of Arkansas, Tribes. By Mr. SIMPSON: Mr. ROKITA, and Mr. MESSER. By Mr. KING of New York: H.R. 2004. H.R. 357: Mr. MESSE´ R. H.R. 1996. Congress has the power to enact this legis- H.R. 367: Mr. DAINES. Congress has the power to enact this legislation pursuant to the following: H.R. 384: Mr. CARSON of Indiana and Mr. lation pursuant to the following: Clause 2 of section 3 of article IV of the GRIJALVA. Article I, Section 8, Clause 6 Constitution (‘‘The Congress shall have the H.R. 386: Mr. CARSON of Indiana. The Congress shall have Power . . . To Power of Congress to dispose of and make all H.R. 398: Mr. MAFFEI. make all Laws which shall be necessary and needful Rules and Regulations respecting the H.R. 451: Mr. WEBSTER of Florida, Mr. proper for carrying into Execution the fore- Territory or other Property belonging to the NUGENT, Mr. GRAYSON, Mr. MICA, and Mr. going Powers, and all other Powers vested by United States . . .’’). HASTINGS of Florida.

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H.R. 521: Mr. HUFFMAN. BROWN of Florida, Ms. WILSON of Florida, and H.R. 1814: Mr. MCKEON, Mr. CARTWRIGHT, H.R. 556: Mr. KLINE and Mr. ROTHFUS. Mr. RANGEL. Mr. LABRADOR, Mr. WESTMORELAND, and Ms. H.R. 578: Mr. PEARCE. H.R. 1412: Mr. TAKANO. ESHOO. H.R. 627: Mr. SHERMAN. H.R. 1431: Mr. MORAN, Mr. PIERLUISI, Mr. H.R. 1824: Ms. LEE of California and Mr. H.R. 637: Mr. STOCKMAN and Mr. PEARCE. CICILLINE, Ms. LEE of California, and Ms. CARSON of Indiana. H.R. 664: Ms. SPEIER, Mrs. KIRKPATRICK, WILSON of Florida. H.R. 1825: Mr. WALBERG. and Mr. RICHMOND. H.R. 1438: Mr. BISHOP of New York. H.R. 1826: Mr. DUNCAN of South Carolina. H.R. 688: Mr. ISRAEL, Mrs. BEATTY, Mr. H.R. 1464: Mr. PETERS of California. H.R. 1845: Mr. BEN RAY LUJA´ N of New Mex- CULBERSON, Ms. BROWNLEY of California, and H.R. 1498: Mr. MEEKS. ico and Ms. WILSON of Florida. Mrs. BUSTOS. H.R. 1502: Mr. ROTHFUS. H.R. 1851: Mrs. CAROLYN B. MALONEY of H.R. 690: Ms. DELBENE. H.R. 1518: Mr. PRICE of North Carolina, Mr. New York, Mrs. LOWEY, Mr. ENGEL, Mr. H.R. 721: Mr. COLE, MCINTYRE, Mr. TERRY, CONNOLLY, Ms. KUSTER, Mr. PETERS of Michi- NEAL, and Ms. MATSUI. Mr. BRADY of Pennsylvania, and Mr. SMITH gan, Mr. GRIJALVA, Mr. TIPTON, Mr. GEORGE H.R. 1857: Ms. BORDALLO, Mr. CARSON of In- of New Jersey. MILLER of California, Mr. WALBERG, and Mrs. diana, and Ms. WILSON of Florida. H.R. 736: Mr. PALLONE. DAVIS of California. H.R. 1861: Mr. ROKITA, Mr. RIBBLE, Mr. H.R. 752: Mr. LARSEN of Washington. H.R. 1527: Mr. MCNERNEY, Mr. SWALWELL of WALBERG, and Mr. RODNEY DAVIS of Illinois. H.R. 755: Ms. LEE of California. California, and Mr. HINOJOSA. H.R. 1864: Mr. KLINE, Mrs. MCMORRIS ROD- H.R. 761: Mr. RADEL. H.R. 1566: Mr. RADEL and Mr. RENACCI. GERS, Mr. STUTZMAN, Mr. BRADY of Pennsyl- H.R. 763: Mr. KING of New York, Mr. KELLY H.R. 1595: Mr. HUFFMAN. vania, Mr. TURNER, Mrs. BACHMANN, Mr. of Pennsylvania, Mr. WEBSTER of Florida, H.R. 1613: Mr. MULLIN. LATTA, Ms. TSONGAS, and Mr. CARSON of Indi- Mr. LABRADOR, Mr. SHUSTER, Mr. RICE of H.R. 1620: Mr. BISHOP of New York and Mr. ana. South Carolina, and Mr. ROGERS of Ken- LATHAM. H.R. 1871: Mrs. BLACK. tucky. H.R. 1623: Ms. LEE of California, and Mr. H.R. 1873: Mrs. BLACK. H.R. 769: Mr. SARBANES. JOYCE. H.R. 1874: Mr. KLINE, Mr. TIBERI, Mr. H.R. 781: Mr. GERLACH. H.R. 1628: Mr. BUCSHON and Mr. LABRADOR. PEARCE, and Mr. KINGSTON. H.R. 792: Mr. CARTER and Mr. MULLIN. H.R. 1629: Mr. POLIS. H.R. 1882: Mr. BENTIVOLIO and Mr. BROUN of H.R. 793: Ms. CLARKE. H.R. 1630: Mrs. NAPOLITANO, Mr. LIPINSKI, Georgia. H.R. 794: Ms. SCHWARTZ. Mr. THOMPSON of California, Mr. KENNEDY, H.R. 1896: Mrs. BLACK and Mr. TIBERI. TUTZMAN UIZENGA H.R. 828: Mr. S , Mr. H of Ms. BROWN of Florida, Ms. SCHAKOWSKY, Ms. H.R. 1907: Mr. KEATING, Mr. MCGOVERN, and ROWN Michigan, Mr. B of Georgia, and Mr. LOFGREN, Mrs. LOWEY, Mr. DANNY K. DAVIS Ms. SPEIER. STOCKMAN. of Illinois, Mr. RYAN of Ohio, Ms. LEE of Cali- H.R. 1915: Mr. HASTINGS of Florida and Mr. H.R. 850: Mr. LANKFORD. fornia, and Mr. MCDERMOTT. ROE of Tennessee. H.R. 874: Mr. LOWENTHAL and Mr. HASTINGS H.R. 1661: Ms. LEE of California. H.R. 1918: Mr. KLINE and Mr. COFFMAN. of Florida. H.R. 1692: Mr. VISCLOSKY. H.R. 1943: Mr. VAN HOLLEN. H.R. 901: Mr. ROSKAM, Mr. SCHRADER, Mr. H.R. 1696: Ms. MCCOLLUM. H.R. 1950: Mrs. NOEM, Mr. YOUNG of Alaska, KIND, AND Mr. RUSH. H.R. 1697: Mr. YODER. Mr. HECK of Nevada, Mr. SCHOCK, Mr. H.R. 903: Mr. AMODEI and Mr. CARTER. H.R. 1701: Mr. BONNER and Mr. LANKFORD. WENSTRUP, Mr. REICHERT, Mr. LUETKEMEYER, H.R. 911: Mr. MICHAUD, Mr. JONES, and Mr. H.R. 1716: Mr. KIND and Mr. VARGAS. Mr. CARTER, Mr. LONG, Mr. GINGREY of Geor- DOGGETT. H.R. 1717: Mr. MAFFEI, Mr. BOUSTANY, Mr. gia, Mr. ROKITA, Mr. NUNNELEE, Mr. SES- H.R. 929: Mr. GARAMENDI. RAHALL, Mr. TIPTON, Mr. HANNA, Mr. ROGERS SIONS, Mr. BENTIVOLIO, Mr. MESSER, Mr. H.R. 940: Mr. THOMPSON of Pennsylvania of Alabama, Mr. MEADOWS, Mr. BILIRAKIS, NUGENT, Mr. DESANTIS, Mr. PITTS, Mrs. and Mr. LATHAM. Mr. LANGEVIN, Mr. COLLINS of New York, Mr. BACHMANN, Mr. HUIZENGA of Michigan, Mr. H.R. 957: Mr. VALADAO. TURNER, Mr. STIVERS, Mr. KLINE, Mr. PRICE of Georgia, Mr. POSEY, Mr. HARRIS, H.R. 961: Mr. COURTNEY and Ms. ESHOO. ROTHFUS, Mr. COLE, Mr. FLEISCHMANN, Mr. LACKBURN TOCKMAN ARD H.R. 963: Mr. MCGOVERN, Mr. SIRES, and Mrs. B , Mr. S , Mr. G - SENSENBRENNER, Mr. ENYART, Mr. KELLY of NER RAVES Mr. SMITH of New Jersey. , Mr. G of Georgia, Mr. Pennsylvania, Mr. BENTIVOLIO, and Mrs. H.R. 1005: Mr. PITTENGER, Mr. BAR, Mr. SOUTHERLAND, Mr. STUTZMAN, Mr. PEARCE, MCCARTHY of New York. FLEMING, Mr. CULBERSON, Mr. BRIDENSTINE, Mr. CULBERSON, Mr. HUELSKAMP, Mr. PAUL- H.R. 1726: Mr. GRAYSON, Mr. PRICE of Geor- Mr. BARTON, Mr. MULVANEY, Mr. MASSIE, Mr. SEN, Mr. KLINE, Mrs. MILLER of Michigan, gia, Mr. HARRIS, Mr. SOUTHERLAND, Mr. HUIZENGA of Michigan, Mrs. BACHMANN, Mr. Mr. SIMPSON, Mr. OLSON, Mr. DENT, and Mr. STOCKMAN, Mrs. BLACKBURN, Mr. GARRETT, HARRIS, Mr. STOCKMAN, and Mr. YODER. DIAZ-BALART. and Mr. PEARCE. H.R. 1008: Mrs. CHRISTENSEN, Mr. COURT- H.R. 1952: Mr. MULVANEY and Mr. PERL- H.R. 1733: Mr. LABRADOR. NEY, Mr. GENE GREEN of Texas, Mr. ENGEL, MUTTER. H.R. 1740: Mr. SMITH of New Jersey, Mr. Mr. GRIJALVA, Mr. SCHIFF, Mr. CLAY, Mr. H.R. 1962: Mr. RADEL and Mr. CONYERS. CRAMER, Mr. LONG, Mr. HUIZENGA of Michi- H.R. 1971: Mr. WALZ and Mrs. BACHMANN. BISHOP of Georgia, and Mr. POLIS. gan, Mr. BRIDENSTINE, Mr. LANKFORD, and H.R. 1975: Mr. LOWENTHAL, Ms. ROYBAL- H.R. 1009: Mr. TONKO and Mr. KIND. Mr. MILLER of Florida. H.R. 1020: Mr. ROSKAM and Ms. HERRERA ALLARD, Mr. PETERS of California, Ms. H.R. 1748: Mr. GRAYSON. ´ BEUTLER. VELAZQUEZ, and Mr. GALLEGO. H.R. 1750: Mr. JONES, Mr. GRAVES of Geor- H.R. 1038: Mrs. ELLMERS and Ms. CHU. H. Con. Res. 34: Mr. SARBANES, Ms. BASS, gia, Mr. BUCSHON, Mr. GRAVES of Missouri, H.R. 1076: Mr. OLSON. Mr. RAHALL, and Mr. RANGEL. H.R. 1130: Mr. LEVIN. and Mr. TIBERI. H. Res. 36: Mr. KINZINGER of Illinois, Mr. H.R. 1149: Mr. ALEXANDER. H.R. 1764: Mr. GRAVES of Missouri, Mr. PITTS, Mr. KING of New York, Mr. TIPTON, H.R. 1151: Mr. YODER and Mr. GINGREY of BROUN of Georgia, and Mr. MCKEON. Mr. REICHERT, and Mr. MCCAUL. Georgia. H.R. 1771: Mr. SCHNEIDER. H. Res. 89: Mr. PAYNE, Mr. HASTINGS of H.R. 1154: Mr. PETERS of California. H.R. 1795: Mr. TAKANO, Mr. LANGEVIN, Mr. Florida, Mr. COLLINS of Georgia, Mr. LANCE, H.R. 1155: Mr. COURTNEY. WHITFIELD, Mr. MEEHAN, Mr. KEATING, Mr. Mr. ENYART, Ms. LORETTA SANCHEZ of Cali- H.R. 1179: Mr. PETERSON and Mr. MICHAUD. HUNTER, Ms. ESHOO, Mr. FARR, Mr. GRIJALVA, fornia, Mr. GUTHRIE, Mr. DANNY K. DAVIS of H.R. 1182: Mr. KLINE. Mr. LARSON of Connecticut, Mr. LONG, Mr. Illinois, Mr. LONG, Mrs. DAVIS of California, H.R. 1186: Mr. VARGAS and Mr. KENNEDY. HONDA, Mr. PRICE of North Carolina, Mr. Ms. BROWN of Florida, Mr. POMPEO, Mr. H.R. 1243: Mr. CROWLEY. LIPINSKI, Ms. SCHAKOWSKY, Ms. DELAURO, MCINTYRE, Mr. CRAMER, Ms. JENKINS, Mr. H.R. 1250: Mr. WELCH, Ms. BROWNLEY of and Mr. ROYCE. SCHNEIDER, Mr. SMITH of New Jersey and California and Mr. LABRADOR. H.R. 1796: Mrs. NOEM, Mr. HECK of Wash- Mrs. BLACKBURN. H.R. 1276: Mr. ADERHOLT, Mr. SCHRADER, ington, Mr. PETERS of Michigan, Mr. KILMER, H. Res. 109: Mr. MICHAUD, Mr. LANKFORD, Mr. ROGERS of Kentucky, Mr. SCOTT PAYNE, Mr. LANGEVIN, Mr. NUGENT, Mr. CA´ RDENAS, Mr. CONNOLLY, and Mr. MARKEY. Mr. SIRES, Mr. PASCRELL, Ms. ROYBAL- Mr. DEFAZIO, Mr. COFFMAN, Mr. VELA, Ms. H. Res. 123: Ms. BASS, Ms. BROWN of Flor- ALLARD, Mr. MEADOWS, Mr. BARLETTA, Ms. BORDALLO, Mr. POCAN, Mr. POSEY, Ms. SE- ida, Mr. BUTTERFIELD, Mr. CARSON of Indi- ESTY, Mr. FORBES, Mr. BLUMENAUER, Ms. WELL of Alabama, Mr. TIERNEY, Ms. HERRERA ana, Mrs. CHRISTENSEN, Ms. CLARKE, Mr. SCHAKOWSKY, Mr. RAHALL, and Mr. PRICE of BEUTLER, and Mr. SWALWELL of California. CLYBURN, Ms. FUDGE, Mr. JEFFRIES, Ms. North Carolina. H.R. 1797: Mr. LABRADOR. EDDIE BERNICE JOHNSON of Texas, Mr. JOHN- H.R. 1304: Mr. CAMP. H.R. 1798: Mr. SOUTHERLAND, Mr. BRALEY of SON of Georgia, Ms. LEE of California, Ms. H.R. 1318: Mr. SCHIFF. Iowa, Mr. RUPPERSBERGER, and Mr. CON- MOORE, Mr. WATT, Mr. RICHMOND, Ms. SE- H.R. 1321: Ms. BROWNLEY of California. NOLLY. WELL of Alabama, Mr. THOMPSON of Mis- H.R. 1340: Mr. DOGGETT. H.R. 1801: Mr. POLLS, Mr. ENGEL, Mr. RYAN sissippi, Mr. VEASEY, Mr. HASTINGS of Flor- H.R. 1355: Mr. LABRADOR. of Ohio, Mr. PASTOR of Arizona, and Ms. ida, Ms. MENG, Mr. CARTWRIGHT, Mr. GENE H.R. 1362: Mr. PASCRELL. SCHWARTZ. GREEN of Texas, Mr. MCGOVERN, Mr. STIV- H.R. 1385: Mr. LEWIS and Ms. DEGETTE. H.R. 1809: Ms. FRANKEL of Florida, Ms. LEE ERS, Mr. POCAN, Mr. POSEY, and Mr. TIBERI. H.R. 1402: Mr. LANGEVIN. of California, and Mr. PEARCE. H. Res. 131: Mr. WEBER of Texas. H.R. 1403: Ms. LEE of California, Ms. NOR- H.R. 1811: Mr. MORAN. H. Res. 160: Mrs. LUMMIS. TON, Mr. BUTTERFIELD, Ms. FUDGE, Ms. H.R. 1812: Mr. DEUTCH. H. Res. 167: Mr. MEEHAN.

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H. Res. 174: Ms. TITUS. OFFERED BY MR. UPTON OFFERED BY MR. HASTINGS OF WASHINGTON H. Res. 190: Mr. GRIJALVA. The provision that warranted a referral to The provisions that warranted a referral to H. Res. 195: Mr. THOMPSON of Mississippi. the Committee on Energy and Commerce in the Committee on Natural Resources in H.R. H. Res. 197: Ms. WILSON of Florida. H. Res. 200: Mr. BENTIVOLIO and Mr. KLINE. H.R. 45 do not contain any congressional ear- 45 do not contain any congressional ear- H. Res. 212: Mr. LONG, Ms. JENKINS, and Mr. marks, limited tax benefits, or limited tariff marks, limited tax benefits, or limited tariff BENISHEK. benefits as defined in clause 9 of rule XXI. benefits as defined in clause 9 of rule XXI. H. Res. 213: Mr. NOLAN, Ms. PINGREE of OFFERED BY MR. KLINE OFFERED BY MR. SESSIONS Maine, Mr. SMITH of Washington, Ms. MAT- The provision that warranted a referral to The provisions that warranted a referral to SUI, Ms. KUSTER, and Ms. ROYBAL-ALLARD. the Committee on Education and the Work- the Committee on Rules in H.R. 45 do not f force in H.R. 45 do not contain any congres- contain any congressional earmarks, limited CONGRESSIONAL EARMARKS, LIM- sional earmarks, limited tax benefits, or lim- tax benefits, or limited tariff benefits as de- ited tariff benefits as defined in clause 9 of fined in clause 9 of rule XXI. ITED TAX BENEFITS, OR LIM- rule XXI. ITED TARIFF BENEFITS OFFERED BY MRS. MILLER OF MICHIGAN OFFERED BY MR. CAMP The provisions that warranted a referral to Under clause 9 of rule XXI, lists or The provisions that warranted a referral to the Committee on House Administration in statements on congressional earmarks, the Committee on Ways and Means in H.R. H.R. 45 do not contain any congressional ear- limited tax benefits, or limited tariff 45, to repeal the Patient Protection and Af- marks, limited tax benefits, or limited tariff benefits were submitted as follows: fordable Care Act and health care-related benefits as defined in clause 9 of rule XXI. OFFERED BY MR. RYAN OF WISCONSIN provisions in the Health Care and Education The provisions that warranted a referral to Reconciliation act of 2010, do not contain f the Committee on the Budget in H.R. 45 do any congressional earmarks, limited tax not contain any congressional earmarks, benefits, or limited tariff benefits as defined limited tax benefits, or limited tariff bene- in clause 9 of rule XXI of the Rules of the PETITIONS, ETC. fits as defined in clause 9 of rule XXI. U.S. House of Representatives. Under clause 3 of rule XII, OFFERED BY MR. ROGERS OF KENTUCKY OFFERED BY MR. GOODLATTE 16. The SPEAKER presented a petition of The provisions that warranted a referral to The provisions that warranted a referral to the City of Pittsburgh, Pennsylvania, rel- the Committee on Appropriations in H.R. 45 the Committee on the Judiciary in H.R. 45 do ative to Resolution No. 225 urging the Con- do not contain any congressional earmarks, not contain any congressional earmarks, gress to enact comprehensive immigration limited tax benefits, or limited tariff bene- limited tax benefits, or limited tariff bene- reform; which was referred to the Committee fits as defined in clause 9 of rule XXI. fits as defined in clause 9 of rule XXI. on the Judiciary.

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Vol. 159 WASHINGTON, WEDNESDAY, MAY 15, 2013 No. 68 Senate The Senate met at 9:30 a.m. and was Mr. COWAN thereupon assumed the The ACTING PRESIDENT pro tem- called to order by the Honorable WIL- chair as Acting President pro tempore. pore. The clerk will report the bill by LIAM M. COWAN, a Senator from the f title. Commonwealth of Massachusetts. The assistant legislative clerk read RECOGNITION OF THE MAJORITY as follows: PRAYER LEADER A bill (S. 953) to amend the Higher Edu- The Chaplain, Dr. Barry C. Black, of- The ACTING PRESIDENT pro tem- cation Act of 1965 to extend the reduced interest rate for undergraduate Federal Direct fered the following prayer: pore. The majority leader is recognized. Stafford Loans, to modify required distribu- Let us pray. tion rules for pension plans, to limit earn- Eternal God, the Heavens speak of f ings stripping by expatriated entities, to pro- Your wonders, and the skies declare SCHEDULE vide for modifications related to the Oil Spill what You have done. Let Your ever- Liability Trust Fund, and for other purposes. lasting grace and compassion encom- Mr. REID. Mr. President, following Mr. REID. I object to any further pass our Senators today. Lord, give leader remarks the Senate will be in a proceedings on this bill at this time. them such grace that they will be period of morning business until 10:30 The ACTING PRESIDENT pro tem- faithful in each task, striving to honor a.m. The Republicans will control the pore. Objection is heard. The bill will You in their work. May the work they first half, the majority the final half. be placed on the calendar. Following morning business the Senate do help provide for the security and f well-being of our Nation and world. will resume consideration of the Water HEALTH CARE Protect them and those they love by Resources Development Act. There will the power of Your loving providence. be up to seven rollcall votes to com- Mr. REID. Mr. President, the great We pray in Your merciful Name. plete action on this bill, and we will Albert Einstein defined insanity as fol- Amen. start the voting at about 10:30 this lows: ‘‘doing the same thing over and morning. over again and expecting different re- f Mr. President, there is a lot going on sults.’’ That is what Albert Einstein PLEDGE OF ALLEGIANCE here—committees meeting—but I want said. If his definition is true—and I am The Honorable WILLIAM M. COWAN led to alert all Senators, Democrats and not going to argue with Einstein—the the Pledge of Allegiance, as follows: Republicans, that we have a lot of House Republicans have truly lost I pledge allegiance to the Flag of the votes to do and we are not going to their minds. This week the House of United States of America, and to the Repub- wait around while someone strolls in. Representatives will vote for the 37th lic for which it stands, one nation under God, The first vote will be the regular 15- time—the 37th time—on exactly the indivisible, with liberty and justice for all. minute vote, and after that it will be 10 same thing. What are they voting on? f minutes. I am alerting everyone that They are voting to repeal the landmark we are going to close the votes as constitutional health care reform bill APPOINTMENT OF ACTING quickly as we can so we can finish. known now as ObamaCare—and I say PRESIDENT PRO TEMPORE The Republicans have an important that proudly. The PRESIDING OFFICER. The meeting beginning before 1 p.m. today, After last year’s election, Speaker clerk will please read a communication so we will move through these votes as BOEHNER conceded that ObamaCare is to the Senate from the President pro quickly as we can. here to stay. Here is what he said: tempore (Mr. LEAHY). We also expect votes today on con- It’s pretty clear that the president was re- The assistant legislative clerk read firmation of Marilyn Tavenner to be elected. Obamacare is the law of the land. the following letter: Administrator of the Centers for Medi- I think that is a pretty fair state- U.S. SENATE, care and Medicaid Services, and we ment. Again, the Speaker said it is PRESIDENT PRO TEMPORE, may get to see if we can finish the pretty clear President Obama was re- Washington, DC, May 15, 2013. Orrick nomination to be a judge for the elected and ObamaCare is the law of To the Senate: Northern District of California. the land. So no matter what he said Under the provisions of rule I, paragraph 3, f then, this is now, and he has changed of the Standing Rules of the Senate, I hereby his mind. The House will waste yet an- appoint the Honorable WILLIAM M. COWAN, a MEASURE PLACED ON THE other week on another dead-end repeal Senator from the Commonwealth of Massa- CALENDAR—S. 953 chusetts, to perform the duties of the Chair. vote. Perhaps Republicans think the PATRICK J. LEAHY, Mr. REID. Mr. President, I am told 37th time is the charm, but 37 times on President pro tempore. that S. 953 is due for a second reading. the exact same thing?

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

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VerDate Mar 15 2010 03:19 May 16, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MY6.000 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3438 CONGRESSIONAL RECORD — SENATE May 15, 2013 Tea party extremists bullied the young Nevadans, have benefited from a preexisting condition. What is it? She Speaker into holding yet another vote provision in the law that allows chil- is a woman. But no longer. In a few to repeal the Affordable Care Act and dren to stay on their parents’ health months, 129 million Americans with roll back benefits for tens of millions plans until they are 26 years old. That preexisting conditions, such as high of Americans. means no person will have to worry blood pressure or epilepsy, can rest as- This is what the Speaker said last about getting sick while looking for a sured they will have access to afford- week: job that offers insurance or while they able insurance and lifesaving care re- We’ve got 70 new Members who have not go to college. gardless of how much money they had an opportunity to vote on the Presi- In my little town of Searchlight, NV, make or don’t make. And soon 25 mil- dent’s health care law. . . . Frankly, they’ve a boy made a decision. Was he going to lion more Americans who can’t afford been asking for an opportunity to vote on it. join the military—he was from a patri- health insurance will have access to This political kabuki has tied up the otic family—or was he going to go to reasonably priced insurance and qual- floor of the House of Representatives college? He made the decision that he ity care. But if Republicans get their for weeks and cost the American tax- was going to go to college. His family way, these benefits and more will dis- payers $52.4 million and counting. was not one of means. His mom worked appear. There is going to be a vote in These are figures compiled by CBS part time in a post office, and his dad the House of Representatives to repeal News of the time wasted on those 37 worked at a powerplant about 40 miles everything I have talked about—not votes—all the House staff and all other from Searchlight. They were so happy change it but repeal it. personnel who have responsibilities for that this boy was going to go to col- President Obama led the charge here, making sure that place runs as well as lege. He was the first person in their and we were able to pass the Affordable it does. That money—$52.4 million—is family to go to college, and he did ex- Care Act—the most significant change in our health care delivery system enough to restore funding for 19 mil- tremely well. lion meals for homebound seniors or He finished his first year, and he was since Medicare all those many, many 6,900 children dropped from the Head in his second year when he started feel- years ago. It ensures access to quality Start Program. ing some discomfort. He had testicular affordable health care for every Amer- ican. But Republicans would erase But while the vote may be political cancer. At the time ObamaCare passed, theater, it does have one benefit: The these gains and force millions of Amer- he was 23 years old and no longer could American people will know where the ican families to once again rely on ex- he be on his parents’ insurance. So freshman class of House Republicans pensive emergency room care or go they had no insurance to cover this stands. I think we know, but we will without care at all. cancer their son had—their youngest get another opportunity to see this. Do Fortunately, the Republicans’ latest boy. They begged and borrowed and lit- they stand with millions of Americans exercise in insanity, as described by Al- erally—well, I shouldn’t say ‘‘begged.’’ who are already benefiting from bert Einstein—that is, their latest re- They didn’t do that. They had a very ObamaCare—we know that answer—or peal effort—is doomed to fail just as it difficult time of it. He needed two sur- do they stand with insurance compa- did the previous 36 times. geries. nies? We know that answer. f The insurance companies would like Now I guess the Republicans in the House want to go back to that. Maybe RECOGNITION OF THE nothing better than to have things the REPUBLICAN LEADER way they used to be and to once again the Republicans here—they love voting deny coverage to sick children, impose against ObamaCare provisions—want The ACTING PRESIDENT pro tem- lifetime caps on care, and discriminate to go back to a time when that boy, pore. The Republican leader is recog- against those with preexisting condi- Jeff, would no longer have insurance. nized. tions. Since President Obama signed That is what they want for these young f men and women who are trying to go the Affordable Care Act into law, in- THE IRS surance companies can no longer put to college, to get a job—they want to Mr. MCCONNELL. Mr. President, it profits ahead of people. go back to that time. He has 3 extra One of the provisions in this bill says years now. That means a lot. seems like, with each passing hour, the that, of premiums paid to insurance Under ObamaCare, hundreds of thou- facts get more and more inconvenient for senior folks over at the IRS. companies for health care, 80 percent of sands of businesses that already offer Yesterday, it was reported that the those premiums must go to patients. their employees health insurance are getting tax credits for doing the right agency may have gone after a ministry No longer, as once happened, will 50 founded by Billy Graham. We also percent of the premiums go for salaries thing. That means small business owners can spend their capital on growing learned that the very same IRS office and bonuses and other perks for insur- that admitted to harassing conserv- ance executives—no longer. Insurance their firms instead of growing insurance premiums. ative groups also released nine pending companies can no longer discriminate applications for tax-exempt status to against children with preexisting con- Thanks to the Affordable Care Act, insurance companies can no longer set the liberal investigative group ditions. They can no longer raise rates ProPublica. for no reason. They can no longer drop arbitrary lifetime caps on benefits, as they once did. What does that mean? It How did we find out? ProPublica re- coverage if someone gets sick. But that vealed it. means there was a provision hidden in is what happened. Yet this week, for Basically all we have gotten from the the 37th time, House Republicans will that policy they sold you that stated IRS, on the other hand, is an attempt try to change all that. that when your benefits reach $50,000, to scapegoat some folks out in Cin- Here are a few of the other benefits coverage stops. It didn’t matter if you cinnati and a laughable attempt to already in effect that House Repub- had been hurt in an automobile acci- move past this whole issue with a ridic- licans would eliminate. In Nevada dent or you had cancer or some other ulous op-ed claiming ‘‘mistakes were alone—and we are not a heavily popu- dread disease; it used to stop. Not any- made.’’ lated State such as Massachusetts or more. Because of the Affordable Care Well, most folks don’t think that ig- California or New York, but we are get- Act, millions of Americans are no noring the Constitution is simply a ting bigger, we have about 3 million longer one car accident or a heart at- ‘‘mistake.’’ I like the fact that one people—tens of thousands of seniors tack away from bankruptcy. group the IRS targeted, when asked by have saved tens of millions of dollars Today, children can no longer be de- the agency to provide reading mate- on medicines because the Affordable nied coverage because they are born rials related to their mission, mailed Care Act closed the gap on prescription with a disease or a disability—a protec- them a copy of the Constitution. drugs. That means millions of seniors tion that will soon be extended to all Today, I would like to encourage across this country have more money Americans. Soon, being a woman will every group that feels like it has been in their pockets for food, gas, and elec- no longer be a preexisting condition. I unjustly targeted to do the same. tric bills. said that right, Mr. President. No Maybe just underline the First Amend- More than 3 million young people, be- longer will being a woman be a pre- ment before you put it in the envelope, cause of ObamaCare, including 33,000 existing condition. My daughter has a because that is what this is all about.

VerDate Mar 15 2010 01:02 May 16, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.002 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3439 But getting back to the latest news— elation from ProPublica, it appears 501(c)(4) organizations merited further re- the leak to ProPublica—let’s be clear that the campaign against conserv- view. In two separate letters to Finance about what this means: the IRS is for- ative groups was of a broader scope Committee Ranking Member Orrin Hatch, bidden from providing that kind of in- than originally admitted. So it is no Mr. Miller failed to note that explicitly political screens were used in reviewing appli- formation about groups that have not surprise that the American people are cations, despite the fact the practice was ap- been approved. It is a bright line prohi- demanding more than just some half- parently well known within the IRS as early bition that even the lowliest staffers at hearted apology made under duress. As as 2010. the IRS surely should know about. an activist from one of the targeted Given these strong and clear statements by We intend to find out all the relevant groups in Kentucky said yesterday, the Administration in 2012 that no such tar- details. Yesterday, I said the adminis- ‘‘Apology not accepted.’’ geted review or specified politically moti- tration needs to comply fully with all ‘‘There are many questions that still vated criteria existed, these revelations raise congressional inquiries on the matter. need to be asked,’’ he said. ‘‘There are serious questions about the entire application review process, and the controls in place This ProPublica leak will unquestion- many that remain unanswered.’’ ably be one of them. The administra- at the IRS to stop this sort of political inter- My constituent was absolutely right. ference once and for all. According to TIGTA tion needs to make witnesses available I ask unanimous consent the letter these actions took place more than two to testify on this and on any other inci- signed by my colleagues be printed in years ago, yet without this information be- dent of targeting the administration’s the RECORD. coming public, there is no evidence that your ideological opponents, and to resist the There being no objection, the mate- administration would have done anything to temptation to stonewall or obfuscate rial was ordered to be printed in the make sure these abuses were brought to what took place. RECORD, as follows: light and dealt with in a transparent way. The American people deserve to know what Today, other Senate Republicans are UNITED STATES SENATE, actions will be taken to ensure those who joining me in this call. More than 40 Washington, DC, May 14, 2013. made these policy decisions at the IRS are members have signed a letter demand- Hon. BARACK OBAMA, being held fully accountable and more im- Pennsylvania Avenue, NW., ing as much of the President. portantly what is being done to ensure that Washington, DC. If the President is truly concerned this kind of raw partisanship is fully elimi- about this issue, as he claims, he will DEAR MR. PRESIDENT: We are writing to express our grave concerns and deep dis- nated from these critically important non- work openly and transparently with us partisan government functions. As such, we to get to the bottom of what happened appointment about the revelations in a report by the Treasury Inspector General for demand that your Administration comply and people will be held accountable. Tax Administration (TIGTA) that the Inter- with all requests related to Congressional in- These allegations are serious—that nal Revenue Service (IRS) had specifically quiries without any delay, including making there was an effort to bring the power targeted certain organizations for extra available all IRS employees involved in de- of the Federal Government to bear on scrutiny as part of their approval review of signing and implementing these prohibited applications for tax-exempt 501(c)(4) status. political screenings, so that the public has a those the administration disagreed full accounting of these actions. It is impera- with, in the middle of a heated na- This appears to be a wholly inappropriate action that threatens to silence political dis- tive that the Administration be fully forth- tional election. It actually could be coming to ensure that we begin to restore criminal. And we are determined to get sent and brings partisan politics into what used to be a nonpartisan, unbiased and fact- the confidence of our fellow citizens after answers. based review process. The public’s confidence this blatant violation of their trust. We look Again, let’s not forget that we would in the IRS relies on fair and apolitical appli- forward to working on this critical issue not know any of this if congressional cation of the law. Actions such as these un- with the Administration’s full cooperation. Republicans had not demanded better dermine taxpayers’ ability to trust its gov- Sincerely, answers than the ones we were getting ernment to fairly implement the law. Orrin Hatch, John Barrasso, Pat Toomey, Mitch McConnell, John Cor- from the administration. When I and According to information given to Con- gress in a timeline provided by the Treasury nyn, Bob Corker, David Vitter, Marco several of my colleagues wrote to the Rubio, Mark Kirk, John Thune, John IRS last year seeking clarification on Inspector General for Tax Administration (TIGTA), in early 2010 ‘‘specialists had been Hoeven, James Inhofe, Deb Fischer, allegations that they were harassing asked to be on the lookout for Tea Party ap- James Risch, Mike Johanns, Johnny conservative groups, the response we plications, and the IRS Determinations Unit Isakson, Richard Shelby, Tom Coburn, got was essentially: nothing to see had begun searching its database for applica- John Boozman, Chuck Grassley, Rand here, move along. tions with ‘Tea Party,’ ‘Patriots,’ or ‘9/12’ in Paul, Mike Crapo, Dan Coats, Kelly When I pressed the issue in a speech the organization’s name.’’ The report goes on Ayotte, John McCain, Ted Cruz, Dean last June, the left either ridiculed the to state that ‘‘By June 2011, some IRS spe- Heller, Richard Burr, Pat Roberts, Roger Wicker, Thad Cochran, Ron suggestion or ignored it. When IRS of- cialists were probing applications using the following criteria to identify tea-party cases, Johnson, Rob Portman, Michael B. ficials were asked point blank in con- Enzi, Jeff Flake, Susan Collins, Saxby gressional hearings whether this was according to the Treasury inspector general findings: ‘‘ ‘Tea Party,’ ‘Patriots’ or ‘9/12 Chambliss, Roy Blunt, Jeff Sessions, happening, they said point blank that Project’ is referenced in the case file; issues Lamar Alexander, Jerry Moran, Mike it wasn’t. include government spending, government Lee, Lindsey Graham, Tim Scott, Lisa Of course it turns out it was. debt or taxes; education of the public by ad- Murkowski. By the way—you know who did not vocacy/lobbying to ‘make America a better have trouble getting information out of place to live’; statements in the case file f the IRS? ProPublica, which was push- criticize how the country is being run.’’ ing an ideological agenda friendly to We are deeply disturbed that agents of the NATIONAL POLICE WEEK 2013 the administration. When they asked government were directed to give greater Mr. MCCONNELL. Mr. President, this the IRS for information, they got it— scrutiny to groups engaged in conduct questioning the actions of their government. week we mark National Police Week in 12 days. Some of it was not even sup- This type of purely political scrutiny being 2013 as a time to pay tribute to the posed to be released. conducted by an Executive Branch Agency is service and sacrifice of the many men When I asked the IRS for informa- yet another completely inexcusable attempt and women in Federal, State, and local tion, when did I get it? Only when it to chill the speech of political opponents and law enforcement across America. It is was coming out anyway in an IG re- those who would question their government, an appropriate time for those of us who port. consistent with a broader pattern of intimi- benefit from their efforts—and that is So there are a lot—a lot—of unan- dation by arms of your administration to si- all of us—to express our gratitude. swered questions that remain. lence political dissent. Which officials knew about this scan- These disclosures are even more unsettling The Nation’s Capital welcomes thou- dal? as they contradict prior statements made by sands of police officers who are gath- representatives of the Administration on ering to celebrate National Police When did they know about it? this matter. In response to questions raised What did they do about it when they Week. They will honor their fallen fel- in 2012 on this issue by Republican Senators, low officers and rededicate themselves found out? Steven T. Miller, the Deputy Commissioner Did they deliberately mislead Con- for Services and Enforcement at the IRS, to their duties of defending the prop- gress and the American people? specifically (and falsely) stated that there erty, dignity, and lives of those who The number of officials involved con- was an unbiased, technical screening process would fall prey to criminals outside the tinues to grow. And now, with this rev- used to determine which applications for law.

VerDate Mar 15 2010 03:19 May 16, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.004 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3440 CONGRESSIONAL RECORD — SENATE May 15, 2013 I want to especially recognize the RESERVATION OF LEADER TIME Fact Checker in the Washington Post— many men and women who work to en- The ACTING PRESIDENT pro tem- hardly an unsympathetic newspaper force the law in my home State of Ken- pore. Under the previous order, the editorially to the administration’s tucky. Many of them have traveled to leadership time is reserved. point of view—and the Fact Checker Washington this week, and today I will gave the President of the United States have the pleasure of meeting with some f four Pinocchios. Some ask why four of Kentucky’s finest. I want to person- MORNING BUSINESS Pinocchios? I think the true answer is ally thank them for bravely risking The ACTING PRESIDENT pro tem- because they never give five their lives in service of people across pore. Under the previous order, the Pinocchios—maybe they do—but you the Commonwealth. Senate will be in a period of morning get the point. Of course we cannot escape the fact Earlier this month in Richmond, business until 10:30 a.m., with Senators and we should not ignore the fact that Kentucky, a solemn ceremony was held permitted to speak therein for up to 10 this attack took four American lives. at the Kentucky Law Enforcement Me- minutes each, with the time equally di- morial on the campus of Eastern Ken- Then we learned this last week that vided and controlled between the two a senior IRS official had acknowledged tucky University. This memorial lists leaders or their designees, with the Re- the names of every known fallen peace that her agency deliberately targeted publicans controlling the first half. certain political speech and activity officer in Kentucky history. Along the The Republican whip. bottom of it are the words, ‘‘Blessed Be for harassment, using the instruments the Peacekeepers.’’ f of power given to the Internal Revenue The ceremony was held to add the OBAMA SCANDALS Service. Perhaps the most awesome, pervasive, and potentially intrusive names of two law-enforcement officers Mr. CORNYN. Mr. President, like from Kentucky who were killed in the power the Federal Government has is millions of Americans, the events of in the hands of that agency. Interest- line of duty in 2012. Hodgenville Police the last few days and the last few Officer Mark A. Taulbee was killed in a ingly, the White House counsel said she months have caused me to reflect on learned about it in April. The Presi- vehicle pursuit on September 16. Mar- the nature of our Federal Government ion County Sheriff’s Deputy Anthony dent said he did not learn about it and our special system of federalism until later. An investigation needs to Rakes was shot during a traffic stop on which delegates to the Federal Govern- November 14. be undertaken, and I am happy Senator ment certain powers but reserves to MAX BAUCUS, chairman of the Senate I extend my sympathies to the fami- the States and the people those re- Finance Committee, and Senator lies of Officer Taulbee and Deputy maining powers. That is roughly what ORRIN HATCH, the ranking member of Rakes for their tragic loss. the 10th Amendment to the U.S. Con- the Finance Committee, have com- Their names will be added, along stitution says. mitted themselves to doing an inves- with 6 other Kentucky peace officers I have also reflected a little bit on tigation of the IRS and how this could whose names had not previously been what some wise people have said over possibly happen. on the memorial. There will be a total our history, and even before America On top of all that, the top adminis- of 509 brave Kentuckians on that wall. was founded, about the nature of trator of Health and Human Services, I know my colleagues in the U.S. power, government power: Power cor- Secretary Kathleen Sebelius, has been Senate join me in holding the deepest rupts and absolute power corrupts ab- soliciting funds from the very indus- admiration and respect for the many solutely. tries she regulates to help implement brave law-enforcement officers across Our Founders pointed out in the Fed- ObamaCare. It does not take a rocket Kentucky and the Nation. Theirs is eralist Papers and elsewhere that the scientist to imagine the potential for both an honorable profession, and a concentration of power in the hands of coercion by the government of these dangerous one. It is also a necessary the few is the very definition of tyr- private sector industries because of one, as the maintenance of peace and anny. We have learned from hard expe- their fear of retribution if they do not order in a civil society that we take for rience over the course of our Nation’s contribute to this effort—a huge con- granted could not exist without them. history that when government thinks flict of interest, and perhaps illegal. Kentucky is grateful to our law-en- it knows best, particularly here in We need to get to the bottom of that as forcement officers and their families. Washington, in a country as big and di- well. And we are grateful for the sacrifice of verse as ours, the natural tendency So whether the issue is terrorist at- Officer Mark A. Taulbee and Sheriff’s then in Washington is to try to sup- tacks in Libya, political and partisan Deputy Anthony Rakes to preserve the press the voices of those who see things abuses by the IRS, or efforts by the De- rule of law. differently, those who want to exercise partment of Health and Human Serv- I ask unanimous consent that the their constitutional rights, particu- ices to shake down the health insur- names of the Commonwealth of Ken- larly to free speech, freedom of associa- ance industry they regulate, it appears tucky law-enforcement officers added tion, and, yes, even freedom of the the birds the Founders warned us about to the Kentucky Law Enforcement Me- press. have come home to roost. morial this year be printed in the It is not true to say we have not been The concentration of government warned about the dangers of concentra- RECORD following my remarks. power invariably leads to abuse of that tion of power in the Federal Govern- There being no objection, the mate- power, and it is the same old story of ment, and big government, and the rial was ordered to be printed in the human frailties over and over. It is no human frailties that follow. We have respecter of political parties; it has RECORD, as follows: been warned time and time and time happened to both political parties. We Mark A. Taulbee; Hodgenville Police De- again. Now we have been reminded should have been more careful, and we partment; End of Watch: September 16, 2012. once again of the wisdom of our Found- should have listened. We should not Anthony Rakes; Marion County Sheriff’s ers and the wisdom of the structure of have persistently engaged in this power Office; End of Watch: November 14, 2012. the U.S. Constitution. grab in Washington, DC, at the expense Releigh Killion; U.S. Marshal; End of Over the last week a series of events Watch: May 24, 1884. of individual liberty on the part of the has highlighted the administration’s American people. Thomas D. Martin; Stanford Police Depart- ment; End of Watch: May 16, 1931. massive credibility gap. First, we What is the price to be paid by these Theo Madden; Knott County Sheriff’s Of- learned more details about the coordi- scandals? The first price is a lack of fice; End of Watch: March 10, 1933. nated attempt to misrepresent the Sep- credibility and public confidence in the Vernon C. Snellen; Kentucky State Police; tember 2012 terrorist attack in most basic institutions that make up End of Watch: February 20, 1937. Benghazi, Libya. You may recall im- this government. The other damage is Bill Baker; Perry County Sheriff’s Office; mediately after that attack the Presi- to the credibility of folks at the high- End of Watch: March 11, 1950. dent was at a press conference, and he est level of the administration. After George Puckett; Perry County Sheriff’s Of- said later: Well, I said it was a terrorist all, if the administration is willing to fice; End of Watch: April 26, 1950. attack then. That was reviewed by the prevaricate, mislead, and dissemble

VerDate Mar 15 2010 03:19 May 16, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.005 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3441 about an al-Qaida-linked attack in We know we have huge challenges about why the events of the last 24 Benghazi that cost the lives of four which call on us to work together on a hours drive home how valuable it Americans, what else are they willing bipartisan basis to regain the public’s would be to have a House-Senate budg- to prevaricate, mislead, and dissemble confidence. I know we can do it. It is a et conference begin to meet and to deal about? Can the public trust this admin- matter of whether we have the polit- with the extraordinary set of fiscal istration and its government to provide ical courage and the will to do it. challenges our country has in front of accurate information about the war on Here are some of those challenges: us. terror or anything else? The longest period of high unemploy- As the President of the Senate Similarly, if IRS officials knew their ment since the Great Depression. We knows, a number of Senators on our agency was targeting certain political have the largest percentage of the side have been trying to get a budget activity and failed then to hold anyone American workforce that simply has conference with the House. It has been accountable, how can the American given up and quit looking for jobs be- several months since the budget resolu- people ever trust the Internal Revenue cause the economy is so weak. tions in the respective bodies, in effect, Service or the Federal Government to The second challenge is a woefully have been set in motion. I want to talk be neutral and law abiding? unpopular health care law that even about what has happened in the last 24 I heard the junior Senator from Vir- some of the architects of that law now hours because it again drives home how ginia, Senator KAINE, on the radio as I say they see a train wreck occurring in valuable it would be for the Senate and its implementation. came in this morning. I thought he the House to move to a budget con- asked a pretty good question. He said: We know our world continues to be dangerous, as Benghazi reminds us, and ference at this time. What does it take to get fired in this Yesterday the Congressional Budget town? What does it take to get fired in as we see from murderers, such as Bashar al-Asad in Syria, and people Office—of course, our official arbiter of this administration for coverups and official numbers and trends—made pub- for misleading the American people? who threaten the innocent. There are people who have chemical weapons. lic a new report showing there has been If Secretary Sebelius is willing to a significant reduction in the budget strong-arm the very industry she regu- There are people who are fighting for their very lives in places like Syria. deficit. In fact, their analysis shows lates to fund the implementation of there has been something like a 24-per- ObamaCare, can the American people Iran is on the pathway to develop a nu- cent reduction from what was esti- trust her agency to be objective, even- clear weapon which will completely disrupt the balance of power in the mated a few months ago. handed, and fair-minded as a regulator? If we couple that new evidence from All this boils down to a very sad sta- Middle East and create an arms race, the Congressional Budget Office with tistic that demonstrates that the while other countries seek their own the fact that consumers continue to public’s confidence in the Federal Gov- nuclear weapons. spend—which is certainly encour- ernment—and particularly in Con- Let’s not forget Iran was the primary aging—the housing market coming gress—is at an all-time low. state sponsor of international ter- This is not the end of the story, and rorism with its support for Hezbollah, back, employers adding 165,000 jobs in it should not be the end of the story. among others. We have seen in North April, all of this drives home that in That ought to be the beginning of a bi- Africa and elsewhere the proliferation the short term the economy is picking partisan effort to get to the bottom of of al-Qaida affiliates and allies. We also up and we are making real progress. these abuses and also to restore our- need to fix our broken immigration The point of a budget resolution, on selves to the constitutional framework system. the other hand, is to give us a chance our Founding Fathers envisioned when None of these individually are easy to look long term and look at the next this great experiment of democracy things to do. All of them are hard, but 10 years how Democrats and Repub- was created more than 200 years ago. It they are not impossible if we will try licans can come together, for example, wasn’t a national government that dic- to work hard to regain the public’s on the long-term challenge of holding tated to the rest of the country how we credibility. We simply need to do our down health care costs. We have cer- should run our lives and what choices work and respect the wisdom of the tainly seen progress in the last few we should make; it was a Federal sys- ages when it comes to concentration of months on that. tem of separated powers with checks power and its impact on individual lib- There is a debate about why health erty. and balances, with authority given to costs have been moderating of late. I We have to be aware of temptations. the Federal Government to do things happen to think it is because providers When power is absolute, we need to see and others are beginning to see what is that individuals and the States could that power is corrupt and be aware of not do by themselves, such as national ahead, but we can have that debate. the abuse of that power when it comes Certainly there is a lot more to do in defense. We have gotten far afield from to dealing with the American people. the Framers’ vision of how our country terms of holding down health care Unfortunately, so far, the Obama ad- costs for the long term, and that is should operate or from the constitu- ministration has valued its agenda tional system they created and which what I wish to see the Senate and more than its credibility. Without re- House go to in terms of the budget res- we celebrate. gaining credibility, we will never re- Now, more than ever, Washington olution. gain the public’s trust, and without For example—and I think I have needs credibility. If we don’t have the that trust it will be much harder to public’s trust, how in the world will we talked about this with the President of solve America’s biggest problems. That the Senate before—chronic care is gain their confidence that we are going is the biggest single challenge to Presi- to address the many challenges our where most of the Medicare money dent Obama’s second-term agenda and goes. Chronic care is for people with country faces? I am not pessimistic to our ability as Americans to show challenges with heart disease, stroke, about our future, I am optimistic about that this 200-plus-year experiment in and diabetes. We have some ideas we our future, but it will take a change of self-government actually works. attitude. I yield the floor. believe could be bipartisan, and would We will need a change of behavior so The ACTING PRESIDENT pro tem- be exactly the kind of thing the House we can, in some sense, return to the pore. The Senator from Oregon. and Senate should take up in a con- Founders’ philosophy on the frame- Mr. WYDEN. Mr. President, I ask ference on the budget, which we have work and the structure in which our unanimous consent to speak as if in been seeking for some time. government operates. The Federal Gov- morning business. I only come to the floor today by way ernment has said for too long: We know The ACTING PRESIDENT pro tem- of trying to lay out why the events of best; if you don’t like it, it is because pore. Without objection, it is so or- the last few days dramatize how useful we have not given you enough informa- dered. it would be for the Senate and the tion to convince you to like it. We take f House to start thinking about what the policies that are unpopular and merely country cares about, which is our long- shove them down the throat of the THE BUDGET term trends. American people and think we are Mr. WYDEN. Mr. President, I am In fact, this morning I was struck by doing our job. going to take a few minutes to talk the fact that some economic theorists

VerDate Mar 15 2010 01:02 May 16, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.008 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3442 CONGRESSIONAL RECORD — SENATE May 15, 2013 say the Congress has, over the last few can look at in the longer term, which recommended eliminating the Federal months, had it backwards. We have is what a budget resolution is all subsidization of beach nourishment been consumed with everything short about. projects. So we have great bipartisan term when, in fact, we ought to say: So it has been 2 months since the leadership on both sides of the aisle to Look at some of those positive develop- House and Senate adopted their respec- bring this back, put back to the States ments I just cited—including the Con- tive budget resolutions. I think, if any- what is truly a State responsibility. gressional Budget Office numbers here thing, what we have learned in the last What we are doing in this bill is fur- recently—that would indicate maybe a few days is yet more evidence of why thering the dependence of States for little bit less of the back and forth. Senators and House Members of good beach nourishment projects on the That is certainly what voters see as will who want to tackle the long-term Federal Government. So I will call up unduly partisan. We need to give way economic challenge—which, if any- that amendment. to some thoughtful, long-term efforts thing, becomes increasingly important The next amendment is amendment in perhaps a 10-year window, which is day by day—ought to go to a budget No. 816. This committee has done a what is reflected on the budget side. conference and go forthwith to that ef- great job in setting up a review board Some of the leading Republicans and fort in a bipartisan way. that can eliminate authorized projects some of the archconservatives with re- Later on today I intend to propound that no longer make sense, but they spect to economic analysis are all say- a unanimous consent request to in fact have limited what they can look at. ing the same thing: We ought to be go to that conference with the House They are not letting them look at the talking about long-term trends. I, as on the budget, and I urge colleagues to whole of water resources projects; well as my fellow Democratic col- join me—I know Senator COBURN is therefore, they limit those projects. All leagues, have said that is one of the here, and I commend him because he we are saying with this amendment is reasons for a budget conference. Glenn has been one who has been interested we ought to reopen it. Hubbard, for example, one of the most in tackling long-term fiscal challenges. One of the criticisms of this amend- respected of the conservatives, talks Long-term fiscal challenges, in a de- ment is that a project may be in the continually about the long-term chal- bate between the House and the Senate midst of completion and the review board might say we should eliminate lenge and the dangers of waiting. over the next 10 years and the future it. It doesn’t mean we will eliminate it Well, on this side of the aisle, we are trends we are looking at, are going to because in the wisdom of the com- saying we don’t want to wait anymore be front and center. We can tackle mittee, they gave the opportunity for in terms of getting to a budget con- those questions, particularly on health ference. We want to be in a position to Congress to disallow any of this. care and taxes, by going to a con- So I think what the committee has tackle some of these major kinds of ference, as well as looking at the long done is a great step forward in getting questions: pro-growth tax reform—tax term overall. We would also be, in my rid of projects that are no longer apro- reform that can, again, generate rev- view, picking up on what economists pos to whatever the needs are: But my enue, and we have some ideas we would and leaders in the private sector of question is, Why did they limit it to like to raise in a budget conference both political parties are saying now, such a narrow package when, in fact, that we think would be attractive to which is there should be a little bit less they want this outside input to help the other side. of a focus on short-term sparring about guide us on what we should do? So I hope colleagues who have had our economy and more of a focus on So at the appropriate time, when we questions about whether there ought to the long-term economic challenges, are out of morning business, I will call be a budget conference now—an actual which is what a House-Senate budget up those amendments. I will not speak budget conference between the Senate conference, looking at 10 years ahead, further on them; I will just call them and the House—will look at these mat- could be all about. up so we can move ahead with the bill. ters anew, given these kinds of trends. With that, I yield the floor and I note I see the chairman of the committee I would point out, to tell my colleagues the absence of a quorum. is here. Good morning to her, and I the truth, I am encouraged on this The ACTING PRESIDENT pro tem- yield the floor. point. We have heard colleagues over pore. The clerk will call the roll. The ACTING PRESIDENT pro tem- the last few days on the other side of The legislative clerk proceeded to pore. The Senator from California. the aisle say they too think this is the call the roll. Mrs. BOXER. Mr. President, for the time for an actual budget conference Mr. COBURN. Mr. President, I ask benefit of all Senators, we are moving between the House and the Senate. unanimous consent that the order for forward today. I thank all colleagues They have called for it for a long time. the quorum call be rescinded. on both sides of the aisle. Senator VIT- We now have a chance to not just call The ACTING PRESIDENT pro tem- TER and I have tried to allow all kinds for it but actually do it. If anything, pore. Without objection, it is so or- of amendments. the economic news I have cited sug- dered. Unfortunately, yesterday there was gests some of the focus on these short- f an objection to one contentious amend- term trends ought to give way to more ment, and Senator LANDRIEU was—she emphasis on bipartisan concern for the WRDA AMENDMENTS took one for the team and withdrew long-term trends, which are, in par- Mr. COBURN. Mr. President, we are her amendment because she wanted to ticular, going to revolve around health still in morning business, and I will make sure this WRDA bill moves for- care, especially Medicare, and taxes speak in morning business about two ward. I appreciate that. It is a very im- where we have an opportunity to look amendments I will call up when we portant issue about flood issues and it at bipartisan approaches for tax re- leave morning business. One is amend- is complicated and I know how strong- form. ment No. 815 on this bill, which is ly she feels about it. I know she will be I commend particularly Senator BAU- aimed at lessening State dependence back. So we have a number of amend- CUS and Senator HATCH, our leadership on the Federal Government. ments, and we will be debating them on the Finance Committee on which I We have now, over the period of 50 for 1 minute on each side. serve, who have been talking with Sen- years, helped with beach nourishment. I wish to address my friend from ators in weekly sessions they have In this bill is a section that extends Oklahoma. Let me tell my colleagues, pulled together on particularly the tax from 50 to 65 years of government sub- we have been on opposite sides on his reform issue. sidization of beach nourishment. Real- amendments. I don’t like that very So we couple the opportunity for the ly, if we look at the section, we see it much. When we do work together we long term, looking at things such as is targeted toward a few States because win big; when we don’t, then it doesn’t chronic health care which is where they are running into the 50-year dead- work out well for either of us. So I am most of the Medicare dollars go. I line. So all the amendment does is sorry to say I will have to oppose the think there are some good opportuni- block it from going from 50 to 65 years. two amendments of my friend from ties for protecting the rights of seniors The Clinton administration, the Bush Oklahoma, and I want to lay out for while having quality care, holding administration, the Obama administra- the record in a little more than a costs down—those are the things we tion, the Obama fiscal commission, all minute why.

VerDate Mar 15 2010 01:02 May 16, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.009 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3443 We do something important in this I think what the amendment does is over the process of shutting down projects, bill. We create a new infrastructure de- create havoc. I know my friend has the with too little Congressional guidance. authorization commission to review best of intentions. His point that we Please oppose the Coburn Amendment #816 to the Water Resources Development Act of the backlog of corps projects and de- can overturn the commission is a valid 2013. The amendment needlessly threatens velop a list of projects that will be de- point, but let’s be clear. How many the bipartisan agreement forged in the Envi- authorized unless Congress passes a bills actually become a law around ronment and Public Works Committee on joint resolution opposing the commis- here these days? It is hard to even pass the issue of decommissioning of projects. sion’s recommendation. It is kind of a resolution saying Happy Mother’s Thank you for your consideration. like the Base Closure Commission, Day. So we have a hard time. So to say Sincerely, RAYMOND J. POUPORE, where the Base Closure Commission the Congress could actually overturn Executive Vice President. comes forward and says these are the the commission—we have never done it bases that will be closed. in the Base Closure Commission, and Mrs. BOXER. In my concluding mo- It is a very cumbersome process to we wouldn’t do it here. ments, we also will have a Coburn overturn the commission. We did that States and local communities have amendment on striking section 2030 on on purpose because we know politics invested millions of dollars in local the beach nourishment extension. I plays a part in a lot of these things, cost-shares from project feasibility think it is very important that this be and we want the commission to have studies. It isn’t fair to these commu- defeated because many of these exist- power. I am sure my friend, the Sen- nities that have committed significant ing projects provide critical storm ator from Oklahoma, is grateful we resources to deauthorize a project that damage protection for coastal commu- have set up this commission because remained active and is moving forward. nities which require periodic nourish- what he is trying to do is cut out even So, in essence, this amendment ment to maintain this protection. more projects. would disrupt the new deauthorization There are dozens of important shore- I just want to make the case that process created in WRDA 2013, and I line protection projects around the when we did this in the committee, we urge my colleagues to oppose that country that it benefits that exceed developed a careful balance and we give amendment. the costs. the infrastructure deauthorization Now I ask unanimous consent to Hurricane Sandy demonstrated that committee a lot of authority. But this have printed in the RECORD a letter Federal shoreline protection projects amendment removes the bill’s limita- from the National Construction Alli- fared better against the storm surge tions on what projects can be deauthor- ance. It reads: ‘‘The National Construc- than other areas impacted by the ized. So this is in our bill. This is what tion Alliance strongly opposes the storm. We have seen this. Where there we say to the commission. We give Coburn amendment.’’ was beach nourishment, they had a lot guidance to the commission. We say: It says: ‘‘Communities . . . cannot af- less damage and people were spared. These are the projects that can be de- ford to have the rug pulled out from be- So in our work on WRDA, the EPW authorized; in other words, stopped, beneath them.’’ Committee held hearings on the corps’ cause I share the view of my friend I think it is important to note that flood and storm damage reduction from Oklahoma. We don’t want to keep they don’t in any way chastise the projects. We received testimony from projects going that are doomed and not committee for our work. local communities such as Ocean City, going anywhere. It is a waste of tax- We also have opposition from the MD, which highlighted the hundreds of payer dollars and, frankly, it makes it Road Builders. millions of dollars in damages avoided very confusing for people back home There being no objection, the mate- by these projects. because they don’t understand why a rial was ordered to be printed in the Section 2030 in WRDA 2013 does not provide a blanket extension of all project started in 1996 is still alive. RECORD, as follows: What we do is projects authorized or beach nourishment and shore protec- NATIONAL CONSTRUCTION ALLIANCE II, tions. The section simply allows the reauthorized after the enactment of May 15, 2013. the Water Resources Development Act Hon. HARRY REID, corps to study projects and to make a of 1996, projects currently undergoing Majority Leader, U.S. Senate, Hart Senate Of- recommendation to Congress. I don’t review by the corps, projects that have fice Building, Washington, DC know why we would want to stop this received appropriations in the last 10 DEAR MAJORITY LEADER REID: The Na- since we know, after Hurricane Sandy, years, projects that are more than 50 tional Construction Alliance II (NCA II) some of these projects have cost-ben- strongly opposes the Coburn Amendment percent complete, and projects that efit for the people—for the taxpayers. #816 to the Water Resources Development Before receiving an extension, a have a viable, non-Federal sponsor Act of 2013, S. 601. project has to go through a feasibility would not be deauthorized. They would The NCA II—a partnership between two of analysis to demonstrate that the not be deauthorized. the nation’s leading construction unions, the So let me say it again. Projects that International Union of Operating Engineers project is in the national interest, it would not be deauthorized are projects and the United Brotherhood of Carpenters has to have a positive cost-benefit authorized after 1996, projects cur- and Joiners of America—appreciates the ratio, is technically feasible, and is environmentally acceptable. rently undergoing review by the corps, hard work of the Environment and Public Works Committee to establish the Infra- The provision Senator COBURN is at- projects that received appropriations structure Deauthorization Commission con- tempting to strike doesn’t guarantee in the last 10 years, projects that are tained in S. 601. Senator Coburn’s amend- an extension, it just tells the corps to more than 50 percent complete, ment threatens the bipartisan, thoughtful study the issue and come back with a projects that have a viable and non- process and criteria for reviewing the back- recommendation. Federal sponsor. So we do give guid- log of projects in the underlying bill. I honestly believe blocking Federal Communities (non-federal entities) simply ance to the commission. We say other investment in these projects will harm than that, go for it and deauthorize. cannot afford to have the rug pulled out from underneath them when partnering with coastal communities, so I urge my col- The provision Senator COBURN wants leagues to oppose this Coburn amend- to strike was included to focus the at- the Army Corps of Engineers on critical port, harbor or waterway projects. If the ment. I know I speak for many, includ- tention of the commission on the older, commission has broad authority to shut ing Senator LAUTENBERG, who actually truly inactive projects. That is what down projects, as envisioned by the Coburn brought this issue to my attention we are about. The Coburn amendment Amendment, that is precisely what could years ago. would give unlimited discretion to the occur. I yield the floor and note that the commission to deauthorize a project The bipartisan EPW Committee-reported time has come to debate the Coburn even if it is in the middle of construc- WRDA bill established criteria to guide the amendment, 1 minute each side. tion or it has an active non-Federal Commission’s work and ensure that it fo- f sponsor. Imagine we have a city or a cused on inactive and obsolete projects. The Coburn amendment would undermine this county or even a private sector partici- CONCLUSION OF MORNING careful balance, eliminating important cri- BUSINESS pant who is involved, and all of a sud- teria for decommissioning projects and giv- den everything they have done is for ing the unelected Infrastructure Deauthor- The ACTING PRESIDENT pro tem- naught. ization Commission simply too much power pore. Morning business is closed.

VerDate Mar 15 2010 01:02 May 16, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.011 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3444 CONGRESSIONAL RECORD — SENATE May 15, 2013 WATER RESOURCES mission. We set it up in the bill. It has destination for many in the Mid-Atlan- DEVELOPMENT ACT OF 2013 never worked before. We do not know tic region. The purpose of this Army The ACTING PRESIDENT pro tem- how it will work. So we thought, for Corps of Engineers project is not to pore. Under the previous order, the starters, let’s go after the older protect a recreational beach but to pro- Senate will resume consideration of S. projects, see how it works, and any day vide hurricane protection for citizens 601, which the clerk will report. we could come back and add more au- and for the billions of dollars in public The legislative clerk read as follows: thority. But we think, if there are ac- and private infrastructure. tive projects, it sends a very confusing Following severe storms in the late A bill (S. 601) to provide for the conservation and development of water and related signal to the folks back home. 1980s and early 1990s, Ocean City’s resources, to authorize the Secretary of the We think this is the way to start it. beach was severally eroded, threat- Army to construct various projects for im- It is smart. We have never had this ening the homes and private businesses provements to rivers and harbors of the commission before. I am very proud along the coastline and on the main- United States, and for other purposes. that we have it in here. I know my col- land. This is when the State of Mary- Pending: league supports the commission. He is land and the Army Corps of Engineers Hoeven amendment No. 909, to restrict already wanting to expand it. But I constructed the Atlantic Coast of charges for certain surplus water. think we start this way, and then if it Maryland Hurricane Shoreline Protec- AMENDMENT NO. 815 looks like we can give them more au- tion Project to provide an essential Mr. COBURN. Mr. President, I ask to thority, we can. By the way, any day of buffer that saves lives and protects set aside the pending amendment and the week Congress could deauthorize as communities. call up amendment No. 815. well. The Army Corps of Engineers built a Mr. COBURN. The point I would The ACTING PRESIDENT pro tem- steel sheet pile bulkhead along the make is the following: The big problem pore. The clerk will report. boardwalk. They placed sand along the with WRDA bills is they become paro- The legislative clerk read as follows: coastline to widen and raise the beach chial in nature. So what we have ex- and constructed a vegetated sand dune. The Senator from Oklahoma [Mr. COBURN], cluded is everything since 1996 forward, for himself, Mr. MCCAIN, and Mr. FLAKE, pro- Every 4 years, the Army Corps of Engi- poses an amendment numbered 815. which actually includes the present neers must reinforce the beach barrier Members of Congress in terms of The amendment is as follows: by replenishing sand. projects, their parochial wishes. So Since its completion, the project has (Purpose: To stop Federal subsidies for ongo- what we have done is we have said: You repeatedly demonstrated its value by ing beach renourishment from being ex- may not be capable of defunding or tended to 65 years) preventing more than $240 million in deauthorizing something else, but if it damages. Most recently, this project Strike section 2030. is new, you do not have the oppor- successfully protected the residents of AMENDMENT NO. 816 tunity to do that. So what we are doing Ocean City and Worcester County from Mr. COBURN. Mr. President, I ask to is we are protecting interests. Superstorm Sandy. The project pro- set aside the pending amendment and I yield back. tected billions of dollars in public and call up amendment No. 816. The ACTING PRESIDENT pro tem- private infrastructure and jobs. The ACTING PRESIDENT pro tempore. The Senator’s time has expired. Approximately $48 million of Federal pore. The clerk will report. Mrs. BOXER. Mr. President, I very funding has gone toward this project. The legislative clerk read as follows: much respect my friend. I know his in- This is a small investment considering The Senator from Oklahoma [Mr. COBURN], tention is the best. But I do have to say the billions it would take to rebuild for himself, Mrs. MCCASKILL, and Mr. there is not one earmark in this bill. Ocean City’s homes, businesses, and MCCAIN, proposes an amendment numbered He should be so proud of both sides of hotels along the Atlantic Ocean. I urge 816. the aisle in this committee—not one my colleagues to oppose Senator Mr. COBURN. Mr. President, I ask earmark—and we do not tell the com- COBURN’s amendment. unanimous consent that reading of the mission what they can and cannot do. The ACTING PRESIDENT pro tem- amendment be dispensed with. But we do set some parameters because pore. The question is on agreeing to The ACTING PRESIDENT pro tem- we do believe, as we start this de- amendment No. 815. pore. Without objection, it is so or- authorization commission, it ought to Mr. COBURN. I ask for the yeas and dered. go after the older projects. But projects nays. The amendment is as follows: that are active, let them get a chance The ACTING PRESIDENT pro tem- (Purpose: To remove restrictions on projects to move forward. There are no ear- pore. Is there a sufficient second? the Infrastructure Deauthorization Com- marks in this bill. I kind of resent it, There is a sufficient second. mission may consider) in a nice way. I am not angry about it. The clerk will call the roll. In section 2049(b)(5), strike subparagraph But, believe me, there is no intention The legislative clerk called the roll. (C). to protect earmarks here at all. Mr. DURBIN. I announce that the Mr. COBURN. Mr. President, I have a So I hope we will vote no. I think we Senator from New Jersey (Mr. LAUTEN- question for the chairman through the are starting something new, something BERG), the Senator from Washington Chair, if I might. good. It is a huge reform. We have a de- (Mrs. MURRAY), and the Senator from Mrs. BOXER. Yes. authorization commission, but let’s Florida (Mr. NELSON) are necessarily Mr. COBURN. My question on the start them with the older projects. absent. deauthorizing commission would be Let’s track it. If we feel we should I further announce that, if present why would they not take into consider- move forward with more reform, I am and voting, the Senator from Florida ation all of the things the Senator just certainly open to it. (Mr. NELSON) would vote ‘‘nay.’’ mentioned before they would rec- I yield the floor and hope for a ‘‘no’’ Mr. CORNYN. The following Senator ommend deauthorizing a program, if, vote on this amendment. is necessarily absent: the Senator from in fact, the only reason they would not Ms. MIKULSKI. Mr. President, I rise Alaska (Ms. MURKOWSKI). deauthorize it was because it was in strong opposition to Senator The PRESIDING OFFICER (Ms. spending money that is not going to COBURN’s amendment on beach re- HEITKAMP). Are there any other Sen- have a positive purpose. nourishment. The Water Resources De- ators in the Chamber desiring to vote? So my question is, you trust the velopment Act extends Federal funding The result was announced—yeas 43, deauthorizing committee for all these for beach renourishment projects from nays 53, as follows: other areas, but you do not trust their 50 to 65 years. Senator COBURN’s [Rollcall Vote No. 121 Leg.] judgment to look at projects that are amendment would strike the new 15- ongoing. Why would we think they year extension. YEAS—43 would not make a positive decision in In my state of Maryland, we have a Alexander Boozman Cornyn Ayotte Coats Crapo the best interests of the country? very successful beach renourishment Barrasso Coburn Cruz Mrs. BOXER. I would answer my project along the Atlantic coast in Bennet Collins Donnelly friend in this way. This is a new com- Ocean City. Ocean City is the beach Blunt Corker Enzi

VerDate Mar 15 2010 03:19 May 16, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.013 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3445 Fischer King Roberts this commission. We have very clear that I support his amendment, and I Flake Kirk Rubio rules about what the commission could believe he will be happy to have a voice Grassley Klobuchar Scott Hatch Lee Sessions look at, and we protect projects that vote. I hope that is OK with everyone. Heinrich McCain Shelby are active. We say to them: Go after I think it is a very good amendment, Heller McConnell Thune the inactive projects, stop them, and and I ask him to explain it, if we could Hoeven Moran Toomey save taxpayer dollars. have order for him, please. Inhofe Paul Whitehouse Johanns Portman Please, let’s have a good ‘‘no’’ vote The PRESIDING OFFICER. The Sen- Johnson (WI) Risch on this one. ator from Arkansas. NAYS—53 Mr. COBURN. I ask for the yeas and Mr. BOOZMAN. Madam President, Baldwin Gillibrand Pryor nays. this is a commonsense amendment. All Baucus Graham Reed The PRESIDING OFFICER. Is there a it does is allow the Corps of Engineers Begich Hagan Reid sufficient second? to participate in the interagency Blumenthal Harkin Rockefeller There is a sufficient second. America the Beautiful Pass Program. Boxer Heitkamp Sanders The question is on agreeing to the It just allows military families to par- Brown Hirono Schatz Burr Isakson Schumer amendment. ticipate in the same way they already Cantwell Johnson (SD) Shaheen The clerk will call the roll. do with the National Park Service, the Cardin Kaine Stabenow The assistant bill clerk called the Carper Landrieu Bureau of Land Management, the Fish Tester Casey Leahy roll. and Wildlife Service, the Forest Serv- Udall (CO) Chambliss Levin Mr. DURBIN. I announce that the ice, and the Bureau of Reclamation. Cochran Manchin Udall (NM) Senator from New Jersey (Mr. LAUTEN- Vitter Madam President, I call up the Coons McCaskill BERG) and the Senator from Wash- Cowan Menendez Warner amendment. Durbin Merkley Warren ington (Mrs. MURRAY) are necessarily The PRESIDING OFFICER. The Feinstein Mikulski Wicker absent. clerk will report the amendment. Franken Murphy Wyden Mr. CORNYN. The following Senators The assistant bill clerk read as fol- NOT VOTING—4 are necessarily absent: the Senator lows: Lautenberg Murray from Alaska (Ms. MURKOWSKI) and the The Senator from Arkansas [Mr. BOOZMAN] Murkowski Nelson Senator from Idaho (Mr. RISCH). proposes an amendment numbered 822. The amendment (No. 815) was re- The PRESIDING OFFICER. Are there The amendment is as follows: jected. any other Senators in the Chamber de- (Purpose: To authorize the Secretary to par- The PRESIDING OFFICER. Under siring to vote? ticipate in the America the Beautiful Na- the previous order, there will be 2 min- The result was announced—yeas 35, tional Parks and Federal Recreational utes of debate equally divided prior to nays 61, as follows: Lands Pass program) a vote in relation to amendment No. [Rollcall Vote No. 122 Leg.] At the end of the bill, add the following: 816 offered by the Senator from Okla- YEAS—35 TITLE XII—MISCELLANEOUS homa, Mr. COBURN. Ayotte Flake McCain SEC. 12001. AMERICA THE BEAUTIFUL NATIONAL Mr. COBURN. Madam President, I Blunt Graham McCaskill PARKS AND FEDERAL REC- ask for the yeas and nays on my Burr Grassley Moran REATIONAL LANDS PASS PROGRAM. Chambliss Hatch The Secretary may participate in the amendment. Murphy Coats Heller Paul America the Beautiful National Parks and The PRESIDING OFFICER. Is there a Coburn Hoeven Roberts Federal Recreational Lands Pass program in sufficient second? Corker Isakson Rubio the same manner as the National Park Serv- Mrs. BOXER. Madam President, I be- Cornyn Johanns Scott Crapo Johnson (WI) ice, the Bureau of Land Management, the Thune lieve there is 2 minutes equally di- Cruz King United States Fish and Wildlife Service, the Toomey vided. Could I ask my friend if he wish- Donnelly Kirk Forest Service, and the Bureau of Reclama- Whitehouse es to make a statement. Enzi Lee tion, including the provision of free annual The PRESIDING OFFICER. The Sen- NAYS—61 passes to active duty military personnel and ator from Oklahoma. dependents. Alexander Franken Pryor Mr. COBURN. Amendment No. 816 ex- Baldwin Gillibrand Reed Mr. BOOZMAN. Again, ditto. This is pands the review commission so that, Barrasso Hagan Reid a very commonsense amendment, and I in fact, it can look at everything. We Baucus Harkin Rockefeller think we can all agree to it. have given them the responsibility. Begich Heinrich Sanders The PRESIDING OFFICER. Who Bennet Heitkamp Schatz What the bill does is a great first Blumenthal Hirono yields time in opposition? step, but it protects all the earmarks Schumer Mrs. BOXER. We yield back all of our Boozman Inhofe Sessions Boxer Johnson (SD) from 1996 forward, so we are not going Shaheen time, and we ask for a voice vote. Brown Kaine to look at any of those. We are not Shelby The PRESIDING OFFICER. If there Cantwell Klobuchar going to allow the review commission, Cardin Landrieu Stabenow is no further debate, the question is on the deauthorizing commission, to make Carper Leahy Tester agreeing to the amendment. recommendations on everything. We Casey Levin Udall (CO) The amendment (No. 822) was agreed Udall (NM) are going to select what they will look Cochran Manchin to. Collins McConnell Vitter at. Coons Menendez Warner Mrs. BOXER. I move to reconsider If we trust them to look at the other Cowan Merkley Warren the vote and to lay that motion on the things, we ought to trust them to look Durbin Mikulski Wicker table. at all of it. We do have an opportunity Feinstein Nelson Wyden The motion to lay on the table was Fischer Portman to turn them down if, in fact, they are agreed to. NOT VOTING—4 trying to deauthorize something the AMENDMENT NO. 866 Congress thinks shouldn’t be deauthor- Lautenberg Murray The PRESIDING OFFICER. Under ized. Murkowski Risch the previous order, there will be 2 min- Mrs. BOXER. Madam President, I The amendment (No. 816) was re- utes of debate equally divided prior to urge a ‘‘no’’ vote. Colleagues, please jected. a vote in relation to amendment No. hear me out. This amendment would AMENDMENT NO. 822 866, offered by the Senator from Or- expand the authority of a newly cre- The PRESIDING OFFICER. Under egon, Mr. MERKLEY. ated infrastructure deauthorization the previous order, there will be 2 min- Mrs. BOXER. Madam President, I commission and allow projects in your utes of debate equally divided prior to support the Merkley amendment. I State to be stopped midstream—active a vote in relation to amendment No. hope we will have an overwhelming projects, projects that have local funds 822 offered by the Senator from Arkan- vote on it, and I ask my colleague to flowing into them and private funds sas, Mr. BOOZMAN. take the remaining time. flowing into them. This is a bridge too The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- far. ator from California. ator from Oregon. I am very proud of the work Senator Mrs. BOXER. Before I turn to my col- Mr. MERKLEY. Madam President, I VITTER and I have done in setting up league from Arkansas, I want to say call up amendment No. 866.

VerDate Mar 15 2010 03:19 May 16, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MY6.006 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3446 CONGRESSIONAL RECORD — SENATE May 15, 2013 The PRESIDING OFFICER. The Mr. LEE. Madam President, I speak The PRESIDING OFFICER. The Sen- clerk will report the amendment. in opposition to this amendment. ator from New Mexico. The assistant bill clerk read as fol- While I understand the concern un- Mr. UDALL of New Mexico. Madam lows: derlying it, I also have significant con- President, my amendment would sun- The Senator from Oregon [Mr. MERKLEY], cerns as to what this would do. In some set the so-called project acceleration for himself and Mr. BROWN, proposes an circumstances, this could increase the provisions in 5 years. These provisions amendment numbered 866. cost of materials in some Federal are untested. They were not the sub- The amendment is as follows: projects by close to 25 percent. So if we ject of any hearings of our committee. (Purpose: To require the use of American are talking about $1 billion worth of They were added at the last minute, iron, steel, and manufactured good for in- materials, we are talking almost $250 before the markup, and they changed novative financing pilot projects) million of increased cost for certain what I think is the bedrock National At the end of title X, add the following: materials this could bring about. Environmental Policy Act. They set SEC. 100ll. USE OF AMERICAN IRON, STEEL, I thank the Chair. arbitrary deadlines. Rushed decisions AND MANUFACTURED GOODS. The PRESIDING OFFICER. If there lead to delays later and mistakes in (a) IN GENERAL.—Except as provided in is no further debate, the question is on litigation. Haste makes waste, both for subsection (b), none of the amounts made agreeing to amendment No. 866. taxpayer dollars and for natural re- available under this Act may be used for the Mr. WICKER. I ask for the yeas and sources. construction, alteration, maintenance, or re- nays. The administration doesn’t want pair of a project eligible for assistance under these changes. Yesterday, the chair- this title unless all of the iron, steel, and The PRESIDING OFFICER. Is there a sufficient second? woman heeded our call and changed the manufactured goods used in the project are bill. The provisions will now sunset in produced in the United States. There appears to be a sufficient sec- (b) EXCEPTION.—Subsection (a) shall not ond. 10 years. I believe this is a step in the apply in any case or category of cases in The clerk will call the roll. right direction, but make no mistake, which the Secretary finds that— The assistant legislative clerk called these provisions are still a very risky (1) applying subsection (a) would be incon- the roll. move. If this gets worse, these provi- sistent with the public interest; Mr. DURBIN. I announce that the sions could risk a Presidential veto. (2) iron, steel, and the relevant manufac- I know the chairwoman has com- tured goods are not produced in the United Senator from New Jersey (Mr. LAUTEN- BERG), the Senator from Washington mitted to me that we could have a States in sufficient and reasonably available hearing on the provisions that are in quantities and of a satisfactory quality; or (Mrs. MURRAY), and the Senator from (3) inclusion of iron, steel, and manufac- Massachusetts (Mrs. WARREN) are nec- the law, the MA–21 provisions; that tured goods produced in the United States essarily absent. EPA—I ask for 30 seconds. Mrs. BOXER. I ask the Senator have will increase the cost of the overall project I further announce that, if present 30 seconds more. by more than 25 percent. and voting, the Senator from Massa- (c) PUBLIC NOTICE.—If the Secretary deter- The PRESIDING OFFICER. Without chusetts (Mrs. WARREN) would vote mines that it is necessary to waive the appli- objection, it is so ordered. cation of subsection (a) based on a finding ‘‘yea.’’ Mr. UDALL of New Mexico. The under subsection (b), the Secretary shall Mr. CORNYN. The following Senator chairwoman committed the relevant publish in the Federal Register a detailed is necessarily absent: the Senator from Federal resource agencies on MAP–21 written justification as to why the provision Alaska (Ms. MURKOWSKI). that have similar provisions here. They is being waived. The PRESIDING OFFICER. Are there are in the law. The resource agencies (d) INTERNATIONAL AGREEMENTS.—This sec- any other Senators in the Chamber de- tion shall be applied in a manner consistent can come before our committee. We siring to vote? can have questioning. The chairwoman with United States obligations under inter- The result was announced—yeas 60, national agreements. will be there. We can have the CEQ or nays 36, as follows: Mr. MERKLEY. Madam President, whomever be a part of that. [Rollcall Vote No. 123 Leg.] we have long recognized the principle I very much appreciate the chair- that when taxpayers are paying for YEAS—60 woman working with me. Because she public infrastructure projects, it makes Baldwin Franken Mikulski is working with me, I am not going to Baucus Gillibrand Murphy sense for American business, for the move forward. I am not going to offer Begich Graham Nelson the amendment at this time. American economy, for our workers to Bennet Hagan Pryor The PRESIDING OFFICER. The Sen- do as much of the work as possible to Blumenthal Harkin Reed Boozman Heinrich Reid ator from California. create that supply chain in America. Boxer Heitkamp Rockefeller Mrs. BOXER. Madam President, I ask The ‘‘Buy American’’ rules we al- Brown Hirono Sanders unanimous consent that I have a ready have on the books provide the Burr Johnson (SD) Schatz minute and a half. foundation for millions of miles of Cantwell Kaine Schumer Cardin King Sessions The PRESIDING OFFICER. Without roads, bridges, light rail, and subways Carper Kirk Shaheen objection, it is so ordered. and millions of good-paying jobs. This Casey Klobuchar Shelby Mrs. BOXER. Madam President, I amendment extends that concept with Cochran Landrieu Stabenow Collins Leahy Tester thank my colleague for not offering his appropriate waivers for cost, for supply Coons Levin Udall (CO) amendment. He and I see this very dif- chain inadequacies, or for public inter- Cowan Manchin Udall (NM) ferently. But first I wish to say I have est. Donnelly McCaskill Vitter committed to a hearing. I told my col- With that, I turn this over to my col- Durbin Menendez Whitehouse Feinstein Merkley Wyden league he can get as much time as he league for this bipartisan amendment, wants, but I have to correct the record. and I ask for my colleagues’ support. NAYS—36 My colleague said this project deliv- The PRESIDING OFFICER. The Sen- Alexander Fischer McConnell ery reform was a last minute addition. ator from Louisiana. Ayotte Flake Moran Barrasso Grassley Paul Project delivery reform was in the bill Mr. VITTER. Madam President, I Blunt Hatch Portman as it was voted out of committee, with- also strongly support the amendment. Chambliss Heller Risch out a dissenting vote. This is a commonsense ‘‘Buy Amer- Coats Hoeven Roberts Let me reiterate: This is not a last Coburn Inhofe Rubio ican’’ provision, which is completely Corker Isakson Scott minute issue. Project delivery reform consistent with what we did on the re- Cornyn Johanns Thune was in the bill when it got voted out. cent highway bill in a bipartisan way Crapo Johnson (WI) Toomey Here is why—two reasons. One is which created no controversy, no de- Cruz Lee Warner Enzi McCain Wicker projects are being delayed—environ- bate at the time. I support the amend- mental projects, flood control projects; ment. NOT VOTING—4 they are being delayed. Some delay is The PRESIDING OFFICER. The Sen- Lautenberg Murray necessary—when there is new informa- ator’s time has expired. Murkowski Warren tion—and they could still have a delay. Who yields time in opposition? The amendment (No. 866) was agreed What we do in this bill—and it has The Senator from Utah. to. been changed for the better, I think my

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.032 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3447 colleague is right on that—is we sunset water if the contract is for surplus water ing Republican, Senator VITTER, for his the provision in 10 years. stored on the Missouri River. remarks about this provision, but I For the first time in history, the re- (b) OFFSET.—Of the amounts previously would note that it is the strong desire source agencies my friend and I care so made available for Corps of Engineers—Civil, of the Committee that this dispute be Department of the Army, Operations and much about, such as Fish and Wildlife, Maintenance’’ that remain unobligated as of resolved amicably through water com- EPA, and all the rest, will be in the the effective date of this Act, $5,000,000 is pacts that ensure the availability of room with the corps setting the dead- hereby rescinded.’’ water to meet all necessary human and lines. It is very important that we get (c) None of the funds under subsection (b) environmental needs. Senator VITTER, our job done. Bureaucratic agencies may be rescinded from amounts that were can you elaborate on the intent of Sec- have to get the work done as well. designated by the Congress as an emergency tion 2015? I think this reform is one we will be requirement pursuant to the Concurrent Mr. VITTER. I thank the chairman proud of, and I look forward to those Resolution on the Budget or the Balanced for including this provision, and I hearings. Budget and Emergency Deficit Control Act would note that the Corps of Engineers of 1985, as amended. I thank my colleague. We will get on has long worked to ensure the Apa- with this and make sure this reform Mrs. BOXER. Madam President, if I lachicola-Chattahoochee-Flint, ACF, works the way we anticipate it will. could be heard on this amendment. River Basin and Alabama-Coosa- I yield the floor. The PRESIDING OFFICER. The Sen- Tallapoosa, ACT, River Basins are able AMENDMENT NO. 909, AS MODIFIED ator from California. to meet the demands of users in Geor- The PRESIDING OFFICER. Under Mrs. BOXER. Madam President, I am gia, Alabama and Florida through its the previous order, there will now be 2 supporting this amendment. It is im- operation of dams and reservoirs, and minutes of debate equally divided prior portant to the States that are affected, performs an important role in regu- to a vote in relation to amendment No. and there are several States that are lating the flow of surface water in 909, offered by the Senator from North affected. The fact is that we don’t want these basins. Further, it is the intent Dakota. to see the corps start a water war, and of WRDA Section 2015 to recognize that The Senator from North Dakota. the Presiding Officer has discussed that role and to assist the States’ efforts to Mr. HOEVEN. Madam President, I with me. I am very grateful to her and reach an end to their disputes. While understand that my amendment has al- Senator HOEVEN for explaining this the committee does not intend to ex- ready been handed in. I will point out matter. The tribes were involved as press any opinion about reallocations that I have a modification at the desk. well. We don’t want to see them get in under the existing authority of the This is a very simple amendment. It trouble. I think the corps has to re- Water Supply Act and its application provides that the Corps of Engineers spect the fact that there are these to these basins, we do believe these cannot charge a State or a tribe or mu- water rights in place. States should work to come to an nicipality— I will be supporting this amendment. agreement. Additionally, the Chairman Mrs. BOXER. Madam President, the The PRESIDING OFFICER. Who and I intend to express these same sen- Senate is not in order. I believe this is yields time in opposition? timents to the Corps of Engineers our last amendment, and this is an im- The Senator from Louisiana. through a letter that will be submitted portant amendment to my friend. It is Mr. VITTER. Madam President, if I into the RECORD soon after passage of also important to many States. It could ask unanimous consent to speak this bill. would be nice if we could show the Sen- for 10 seconds. Mrs BOXER. I thank the Senator. ator some courtesy. The PRESIDING OFFICER. Without That’s correct. And as this new lan- The PRESIDING OFFICER. The Sen- objection, it is so ordered. guage clearly states, ‘‘this subsection ate will be in order. Mr. VITTER. Madam President, I does not alter existing rights or obliga- Mr. HOEVEN. Madam President, I also strongly support this amendment. tions under law.’’ So to reiterate, it is thank my colleague from California. I think it is a very reasonable, com- not the intention of Section 2015 to I would also like to thank both Sen- monsense amendment. alter the Corps’ existing legal author- ator BOXER and Senator VITTER for Mr. HOEVEN. Madam Chair, I ask for ity to reallocate storage, to express their work on this amendment. I appre- a voice vote. any view on whether current or pro- ciate it very much. The PRESIDING OFFICER. Is there jected future levels of storage for water This is a very simple amendment. It further debate on this amendment? If supply exceed the Corps’ existing legal says that the Corps of Engineers cannot, the question is on agreeing to the authority, or to prohibit or interfere not charge a State fees for water when amendment as modified. with the Corps’ ongoing efforts to up- it violates the State’s water rights. It The amendment (No. 909), as modi- date its water control plans and manu- affects municipalities and tribes as fied, was agreed to. als for the ACF and ACT Basins. Fur- well. We have made sure it does not Mr. HOEVEN. Madam President, ther, it is not the intention to preclude score under the CBO rules. again, I thank both of the managers of the Corps from taking action con- This amendment has strong bipar- this bill. sistent with its existing legal author- tisan support—Senator THUNE, Senator The PRESIDING OFFICER. Under ity to study and implement realloca- HEITKAMP, Senator BAUCUS, and Sen- the previous order, the cloture motion tions of reservoir storage to meet mu- ator JOHNSON. This does not affect the is withdrawn and the clerk will read nicipal and industrial water supply master manual on the Missouri River the title of the bill for the third time. needs. or any of the authorized uses, and I The bill was ordered to be engrossed Mr. VITTER. I thank the chairman wanted to emphasize that. for a third reading and was read the for her assistance with this provision. Again, this is a very simple amend- third time. HARBOR MAINTENANCE TAXES ment. It ensures that States rights are WATER SUPPLY Mrs. FEINSTEIN. Madam President, properly protected, and I encourage a Mrs. BOXER. Madam President, I in fiscal year 2011, approximately $1.4 ‘‘yes’’ vote. want to take this opportunity to ad- billion in harbor maintenance taxes, The PRESIDING OFFICER. Without dress one of the provisions of this bill HMT, was collected nationally. Of this, objection, the amendment has been relating to water supply. Section 2015, over $430 million, nearly 32 percent, modified. which originally had a much broader was collected in California, with nearly The amendment (No. 909), as modi- impact, now expresses the sense of the $363 million generated by the ports of fied, is as follows: committee related to a particular dis- Los Angeles and Long Beach. Of the (Purpose: To restrict charges for certain pute between States, and expresses a amounts collected, nearly $677 million surplus water) concern on the part of members of the was allocated to coastal operations and On page 190, after line 23, add the fol- Committee on Environment and Public maintenance budgets nationwide annu- lowing: Works regarding the ongoing interstate ally over the past 3 years. California’s SEC. 2060. RESTRICTION ON CHARGES FOR CER- TAIN SURPLUS WATER. water disputes among the States of share of this funding is approximately (a) IN GENERAL. No fee for surplus water Alabama, Florida, and Georgia. I would $54 million, only 13 percent of what was shall be charged under a contract for surplus like to yield to the Committee’s Rank- collected in its ports. Put another way,

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I want to clarify that the amend- man for her remarks. If I may, I would channel or proceeds to a harbor that is ment submitted by the Senator from like to further clarify the language and not adequately maintained, that Michigan, No. 893, does not preclude or purpose of section 3004. Post-Sandy, freighter will not be able to fully load, unnecessarily delay the use of HMT there is an acute need for an assess- reducing the efficiency of the naviga- funds in California’s largest ports. Is it ment of the northeast region’s storm- tion system and reducing our economic your understanding that this amend- protection infrastructure needs. Is it competitiveness. The Army Corps of ment, submitted by the Senator from correct that section 3004 gives the Engineers should manage all of the in- Michigan, will not preclude or impact Corps of Engineers the power to con- dividual harbor projects in the Great funding for expanded uses under Sec- duct feasibility studies on specific Lakes Navigation System as a single tion 8004 (b) of the bill? projects? system, recognizing the interconnect- Mrs. BOXER. That is my under- Mrs. BOXER. I thank the Senator edness among the projects. Chairman standing. The additional uses author- from New Jersey for raising this con- Boxer, is the interconnected nature of ized by WRDA 2013 are important for cern. He is correct that the language of the Great Lakes system one of the rea- many parts of the country, including section 3004 authorizes and directs the sons the bill distinguishes Great Lakes California, and are clearly an eligible corps to conduct feasibility studies for projects from the other harbor and port use of the harbor maintenance trust the specific projects it identifies in the projects? fund. regional study. Mrs. BOXER. The unique nature of Mr. SCHUMER. Madam President, I Mr. LAUTENBERG. I thank the the Great Lakes Navigation System is would like to engage in a colloquy with chairman for making this clarification. one of the reasons we do not include the Senator from California, the chair I agree completely with my colleagues Great Lakes projects in the definition of the Committee on Environment and concerning the need for section 3004. of high-use deep draft harbors and in- Public Works, as well as the Senators Could the language in section 3004 stead include the Great Lakes in a sep- from New Jersey, Senators LAUTEN- about inclusion of specific project rec- arate group for the prioritized funding. Mr. SCHUMER. I am pleased that BERG and MENENDEZ, and my colleague ommendations and feasibility studies this matter concerning the additional from New York, Senator GILLIBRAND. somehow hurt or take money away I thank the chair for her leadership from the comprehensive regional funds for the Great Lakes has been in bringing the Water Resources Devel- study? clarified. The chairman has gone to opment Act to the Senate floor to ad- Mrs. BOXER. I thank the Senator great lengths to address important na- dress the urgent need for investment in from New Jersey for raising this con- tional priorities in this bill, including our Nation’s waterways, port infra- cern. While section 3004 does state that providing funding for our high-use, deep draft ports—like those in New structure, and for coastal flood protec- the Secretary shall include project rec- York, Los Angeles/Long Beach and tion. It is my hope that this bill will be ommendations, it does not add funding, Oakland—and supporting unique com- passed quickly. The Sandy relief bill so such recommendations or feasibility mercial navigation systems like the provided over $5 billion for the Army studies would only be possible if mon- Great Lakes. I also want to make sure Corps of Engineers to construct and re- ies are available after the regional that these funds are distributed to har- pair authorized hurricane protection study is complete. bors in the Great Lakes that have been projects in States devastated by Mrs. GILLIBRAND. I agree com- ignored by the corps over the years. Superstorm Sandy. A $20 million completely with my colleagues’ interpreta- Chairman Boxer, is that the intent of prehensive study was included in order tion of section 3004 and for the neces- the language in section 8004 of the bill, to analyze the flood risks of the east sity of the section in question. When we added the provision in the Sandy re- that additional priority funds could be coast with the congressional intent and used for any Great Lakes navigation authority for the corps to move to spe- lief bill for a $20 million comprehensive study to address flood risks on the east project, including those that handle cific feasibility studies. However, it is lower levels of freight, measured by currently our understanding that the coast, we intended for this study to produce specific and actionable rec- tonnage? Corps of Engineers does not intend to Mrs. BOXER. Yes, that is correct. ommendations for hurricane protec- provide specific project recommenda- The funding could be used for any tion. I thank my colleagues for their tions in this study that will result in project in the Great Lakes Navigation work and Chairman BOXER for her lead- feasibility studies. I am pleased that I System. was able to work with you, Chairman ership. Mr. SCHUMER. Thank the Senator BOXER, and my colleagues from the af- GREAT LAKES NAVIGATION FUNDING for clarifying this matter, and I thank fected States, to add language to this Mr. LEVIN: Madam President, this her for her work on this important leg- bill that addresses this issue. I would water resources bill includes important islation. like to clarify the intent of the lan- provisions for our shipping infrastruc- Mrs. KLOBUCHAR. I am also pleased guage. ture, including the Great Lakes Navi- to hear this discussion to clarify how Will the language in section 3004 of gation System, which carries over 160 the additional funding for the Great the water resources development bill million tons of cargo annually. I am Lakes is to be interpreted and applied. result in specific project recommenda- pleased the bill would prioritize fund- I want to ensure the entire Great tions for the Corps study? ing for the Great Lakes Navigation Lakes system functions effectively, Mrs. BOXER. I appreciate the Sen- System, which has suffered from his- and that means properly dredging the ator from New York raising this issue. torically low water levels, closed har- harbors in Minnesota so ships carrying I also know that my good friend from bors, and light loaded vessels. The bill iron ore, coal, limestone, and other New York and I agree on the need to allocates 20 percent of priority funds commodities can fully load their ves- enhance the resiliency of the east coast for the Great Lakes Navigation Sys- sels. It is critical that high-use ports in the wake of the devastation caused tem, which is equal to the Great Lakes like Duluth and Two Harbors in Min- by Superstorm Sandy. Section 3004 portion of high-use deep draft projects nesota get dredged, but for ships to states that, with respect to the corps nationwide. I am glad that the 20 per- carry goods at full capacity, it is also study for flood and storm damage recent of priority funds for the Great vital that their trading partners duction which was authorized by the Lakes is intended to be above and be- throughout the Great Lakes system Sandy relief bill, the Secretary shall yond what projects in the Great Lakes are fully dredged. This agreement will include specific project recommenda- Navigation System would receive go a long way toward increasing the ef- tions. The bill also includes a new pro- under the baseline funding. I also want ficiency of shipping across the Great

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Today, the Senate passed the WRDA bill VITTER, for their work to address our That is why I’m working on legisla- and, after significant discussions with sev- concerns, and I would especially like to tion that will comprehensively reform eral members of the Senate, we have reached an agreement to modify Section 2015. The acknowledge the leadership of Senator the Harbor Maintenance Tax and the new language for Section 2015 does not alter LEVIN on this issue and Great Lakes Harbor Maintenance Trust Fund. It will ensure full spend out of the existing rights or obligations under law, but matters across the board. it does seek to make clear that the com- Mr. LEVIN. I thank Senator KLO- Harbor Maintenance Trust Fund and mittee remains very concerned about the op- BUCHAR for adding that important ensure all cargo is treated equally as it eration of ACF and ACT projects, and that point regarding the interconnected na- moves through the supply chain. absent action by the states to resolve these ture of the Great Lakes Navigation My goals are to increase our inter- issues, the committee should consider appro- System. And thank you, Chairman national competitiveness, ensure we priate legislation including any necessary BOXER, for working us to begin to im- are getting our goods to market, and clarifications to the Water Supply Act of prove the maintenance of the Great provide good, family-wage jobs. 1958 or other law. Lakes Navigation System, which is I have been working with ports in Accordingly, we strongly urge your per- critical to our economy and jobs and to Washington state and the Northwest, sonal and direct involvement in fostering ef- our global competitiveness. and I plan to introduce this legislation forts to enable the States of Alabama, Geor- gia, and Florida to reach an amicable and HARBOR MAINTENANCE TAX AND HARBOR soon. reasonable water compact as soon as pos- MAINTENANCE TRUST FUND I look forward to working with my colleagues on these important issues. sible. We believe that it is essential that the Mrs. MURRAY. Madam President, I Army Corps not take actions that favor the rise to address the Water Resources De- Mrs. BOXER. Mr. President, I ask unanimous consent that a letter dated position of any of the three States, but rath- velopment Act that we passed today. er the Army Corps should serve as a neutral May 15, 2013, be printed in the RECORD. This important legislation authorizes facilitator of a negotiated solution. There being no objection, the mate- Army Corp of Engineers projects that Thank you for your kind attention to these provide flood control, ensure naviga- rial was ordered to be printed in the RECORD, as follows: matters. Our committee will be following tion to get our goods to market, and this issue closely. help restore our ecosystems and envi- Hon. JO-ELLEN DARCY, Very truly yours, Assistant Secretary of the Army for Civil Works, ronment. One component of this bill BARBARA BOXER, U.S. Army Corps of Engineers, Army Pen- Chairman. deals with the Harbor Maintenance tagon, Washington, DC. DAVID VITTER, Trust Fund. DEAR ASSISTANT SECRETARY DARCY: We are Ranking Member. Shippers pay a Harbor Maintenance writing regarding recent efforts in our com- Tax, which goes into the Harbor Main- mittee to address concerns with the Water HARBOR MAINTENANCE TAX tenance Trust Fund and is then appro- Supply Act of 1958 (WSA), 43 U.S.C. 390b. priated for operations and maintenance These concerns have arisen most promi- Ms. CANTWELL. Madam President, I at ports throughout our country. nently with respect to the U.S. Army Corps would like to thank Chairman BAUCUS Now, although this legislation does of Engineers’ management of federal res- and Senator MURRAY for their support ervoirs in the Apalachicola-Chattahoochee- and resolve to work to address the not address the Harbor Maintenance Flint (ACF) River System and the Alabama- Tax, I want to take a moment to talk issue of cargo diversion posed by the Coosa-Tallapoosa (ACT) River System, harbor maintenance tax. about it. Because unfortunately, this where the States of Alabama, Georgia, and policy is encouraging cargo diversion Florida have been engaged in a decades-long The Water Resources Development from our ports. conflict over the use of water resources in Act that we are discussing here today A Federal Maritime Commission re- their region. is an important bill that works to en- port released last year, which I re- As committee leadership with jurisdiction sure the economic success of our Na- over these matters, we believe in the prin- quested with Senator CANTWELL, indi- ciple that water resources conflicts of this tion’s waterways. The language we cated that cargo coming into U.S. nature should be resolved through nego- were able to include in this bill is just ports cost, on average, an additional tiated interstate water compacts whenever the start of our effort to address the se- $109 due to the Harbor Maintenance possible. State-level agreements are better rious issue of cargo diversion and inter- Tax. able to take into consideration the concerns national competition. It gives deep- I find this report extremely trou- of all affected States and stakeholders, in- water ports the ability to more cost-ef- bling. cluding impacts to other authorized uses of fectively utilize the funds raised by the While this bill does not address the the projects (such as hydropower or naviga- harbor maintenance tax to keep com- tion), water supply for communities and tax, it does address the Harbor Mainte- petitive with their Canadian and Mexi- nance Trust Fund. The bill sets goals major cities in the region, fisheries management issues, water quality, freshwater flows can counterparts. for additional expenditures from the to communities, rivers, lakes, estuaries, and Harbor Maintenance Trust Fund, and it Over the past decade, we have seen bays located downstream of projects, agri- increasing competition for the market includes a provision that I worked on cultural uses, economic development, and closely with Chairman BOXER and Sen- other appropriate concerns. share of U.S.-bound goods from ports ator CANTWELL. As you are aware, the Senate Committee beyond our border to the north and to This provision will allow our ports to on Environment and Public Works unani- the south. These diversions can be par- be more competitive internationally by mously reported the Water Resources Devel- tially attributed to the added cost of providing payments to shippers enter- opment Act of 2013 (S. 601), as amended, on paying the harbor maintenance tax at March 20, 2013. Section 2015 of this bill, as re- ing or transporting cargo through an U.S. ports. In fact, among the top 25 ported by our committee, sought to clarify North American ports, the fastest eligible donor port—one that takes in the authority of the Army Corps under Sec- significantly more in Harbor Mainte- tion 301 of the WSA in at least two respects. growing in 2012 were the Port of Prince nance Taxes than it receives back for First, Section 2015 would have amended the Rupert in Canada and the Port of operations and maintenance, like the WSA to reiterate that federal agencies must Lazaro Cardenas in Mexico. Instead of Port of Seattle or the Port of Tacoma. consider new WSA allocations ‘‘cumula- U.S.-bound cargo creating growth of It is meant to reduce cargo diversion tively’’ with all previous allocations at the U.S. ports, we are witnessing this from United States ports to inter- reservoir. This was intended to make clear cargo, previously shipped through our that the Army Corps cannot circumvent the west coast ports, contributing to the national ports, but not to induce cargo intent of the WSA through gradual alloca- diversion within the United States. tions. Second, Section 2015, as reported, growth of Canadian and Mexican ports. I appreciate the hard work by Chair- sought to amend the WSA by setting a more The loss of cargo shipments through man BOXER to include this provision in specific threshold when congressional ap- American ports leads to decreased port the manager’s amendment and to keep proval is required. We worked in good faith activity and export capacity, and it

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Mr. President, I dent, I rise today to speak in support of 200,000 jobs are tied to the activities at thank Senator CANTWELL and Chair- the Water Resources Development Act, the ports of Seattle and Tacoma, and man BAUCUS for coming down here the main vehicle for authorizing vital with nearly 27 percent of international today to discuss port competitiveness, water projects developed by the U.S. container cargo potentially at risk of infrastructure, and American jobs, Army Corps of Engineers and for set- moving to Canada from west voast issues which are close to my heart. I ting Army Corps water resource poli- ports, this could result in significant believe these are important issues to be cies. Water resource and flood control job losses. addressed, which is why I have been projects spur economic growth and cre- Cargo diversion is not my only con- working on this issue throughout my ate jobs. They fortify communities cern with the harbor maintenance tax. Senate tenure and why Senator CANT- against storms and floods. They main- I also am concerned by the poor utili- WELL and I introduced the U.S. Port tain our water and waste water sys- zation of the funds collected and the Opportunity and Revitalizing Trade tems. They help maintain our favorite disparate distribution of the funds that Act in 2002. outdoor recreational destinations. And are allocated. As of 2011, the balance of We appreciate that the legislation they can protect America’s cherished the harbor maintenance trust fund has before us today, the Water Resources and economically important—fish and built up to more than $6.4 billion. We Development Act, works to improve ex- wildlife. should be investing this balance for its penditures from the harbor mainte- Unfortunately, in Rhode Island and designed purpose of improving the abil- nance trust fund and that it includes across the country, aging water infra- ity of our ports to move goods. Fur- provisions we championed to begin to structure is rapidly approaching the thermore, the harbor maintenance address the competitive issues our end of its useful life, and funding avail- trust fund balance is rarely spent on ports face. I would like to say thank able for upgrades is far outpaced by the operations and maintenance at west you to Chairwoman BOXER, who in- need. This bill will increase the Army coast ports, where a significant cluded a provision in the managers’ Corps’ capacity to address the dismal amount of the tax revenue is gen- amendment that would authorize pay- state of our water infrastructure while erated. Our two largest ports in Wash- ments to ‘‘donor’’ ports those ports improving the agency’s operations. ington Seattle and Tacoma generate, that contribute a significant amount of I want to express my gratitude to our on average, close to 7 percent of the funds, but receive less than 25 percent chairman on the Environment and funding for the HMTF, but each re- of the benefit that can be used to offset Public Works Committee, Senator ceived just over a penny for every dol- the cost of the HMT being paid by ship- BOXER, as well as our ranking member, lar collected from shippers who pay the pers. Senator VITTER, for their hard work in HMT in Seattle and Tacoma. The language in the managers’ drafting a bill that addresses a number To remain competitive in an inter- amendment does not mean that the job of national and regional priorities in a national marketplace, we need a long- is done. We do not believe this lan- bipartisan fashion. term plan for how to grow and support guage will fully correct the challenges I particularly appreciate the inclu- infrastructure development and that U.S. ports face now and will continue sion of several provisions designed to must include reform of the harbor to face in the future. Rather, we be- clean up the process at the Army maintenance tax. Essential to remain- lieve this is an interim solution that Corps, to clear the backlog of construc- ing competitive is the ability of our will help until we can work together to tion and maintenance projects, to im- ports to shorten the time it takes to find a larger, more permanent solution prove transparency in developing and get goods to consumers. This means we addressing cargo diversion. Senator carrying out civil works projects, and must invest in the infrastructure of CANTWELL and I look forward to work- to give local communities a better our ports and freight corridors some- ing with the Chairman BAUCUS to ad- chance to understand what to expect. thing that I have worked with Trans- dress comprehensive reform of the har- According the Office of Management portation Secretary Ray LaHood on to bor maintenance tax. and Budget, ‘‘The Corps’ enormous more quickly deliver the goods from Mr. BAUCUS. Mr. President, I thank backlog of ongoing civil works con- our ports to the rest of the Nation. If Senator CANTWELL and Senator MUR- struction represents a significant we don’t make these infrastructure in- RAY for their work to reform the har- source of unrealized economic and en- vestments, America will face major op- bor maintenance tax in order to keep vironmental benefits. . . . This growth portunity costs. We are seeing this al- our ports competitive. As chairman of trend in the construction backlog un- ready with the cargo diversion to Can- the Finance Committee, I believe it is fairly penalizes both taxpayers and ada from the Pacific Northwest. But I important that we work to improve our project sponsors.’’ must warn my colleagues that the Nation’s tax policy to make our Nation The bill before us establishes an inde- competition is only increasing and will more globally competitive. I am com- pendent commission to work through spread throughout the country with mitted to finding solutions to ensure an estimated $62 billion backlog of major ports planned or coming online that the harbor maintenance tax is re- projects and sets a timetable for in Canada and Mexico on both coasts, formed, to ensure U.S. tax policy does downsizing the corps’ burdensome to- as well as the forthcoming expansion of not disadvantage U.S. ports but also to do list. My colleagues on both sides of the Panama Canal. Now is the time to improve our nation’s infrastructure. the aisle should appreciate the respon- address the harbor maintenance tax Port improvement is imperative to our sible use of corps resources and of tax- and reverse cargo diversion by reform- ability to conduct both domestic and payer dollars. ing this tax and better utilizing the international commerce. Many of my This bill also makes the corps more money it generates. home State goods are exported through responsive to communities and busi- Today Chairman BAUCUS is proposing west coast ports in the Puget Sound nesses, requiring the corps to make that we work together to address the and on the Columbia River, so I under- more information available to the pub- competitive imbalances created by the stand the broad impact of the ports and lic about projects under its Continuing harbor maintenance tax. While we ac- the need for continued attention. If we Authorities Program, including avail- knowledge the work done to improve want to continue to compete both now able funding, cost estimates, and the the spending out of the harbor mainte- and in the future we must ensure that criteria used to prioritize projects. nance trust fund collections in the we have the right policies in place, and States like mine and our communities Water Resources Development Act, we that means reforming outdated policies and companies can’t plan around water believe the efforts are just a starting to address the evolving needs of both resource projects because they are so point. Many of the underlying tax and the market and our Nation. I look for- often left in the dark. trade issues cannot be addressed in this ward to continuing to work with Sen- For example, Hope Global has manu- legislation. We believe it is important ator CANTWELL and Senator MURRAY to factured textiles in Rhode Island since to clarify our intent to move on com- find an appropriate fix and find an ap- 1883. Today it makes fabrics that are

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.028 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3451 used in everything from cars to para- views entirely. Comprehensive environ- physical oceanography, seasonal sea chutes to construction. During the his- mental review of federal projects re- ice, and other ecosystem characteris- toric 2010 floods in our State that clob- mains critical to protecting the envi- tics. These northern seas are vastly dif- bered Hope Global, I literally entered ronment and public health from harm, ferent and require unique infrastruc- the building through the shipping bay and this bill includes provisions that ture compared to the majority of the in a boat. Hope Global survived, thanks will prevent harmful projects from Bering Sea, Alaska. to the dedication and quick thinking of being expedited. It is the intent of this bill that these its CEO and employees, but the risk of WRDA supports projects that protect arctic deep draft ports are present in future flooding along the Blackstone communities and their water re- the arctic. And while there has been River looms over this business and sources. I would have preferred to leave some dispute on how the U.S. arctic is many others in the area. NEPA requirements unaltered; how- defined, both the Army Corps study The corps has partnered with the ever, I believe the compromise the and the Department of the Interior re- State of Rhode Island to conduct a fea- chair and ranking member negotiated port indicate the importance of deep sibility study for flooding mitigation on this issue was worth the price of draft ports in close proximity to the on the Blackstone River. The State being able to implement long-overdue Arctic Circle, 66 degrees North. This is used its limited resources to fund the improvements to our nation’s water re- where ports of refuge, natural resource study, hoping to solve the flooding sources infrastructure. shipping, oilspill response, commercial problems once and for all. Three years As we grapple with the mounting ef- shipping, and other commercial oppor- later, due to lack of transparency in fects of a changing climate, our towns, tunities require a deep draft port. These key findings identify ports the corps budget, we still don’t know our rivers and ports, our beaches and that must be prioritized when consid- where this project stands. This bill will bays rely on the safety and efficiency ering deep water draft port develop- change that, so communities like those of modern and resilient water infra- ment in the arctic, where the Federal in my State can make informed deci- structure. The Water Resources Devel- Government has a role including tech- sions about their future. opment Act of 2013 gives the Army nical assistance outlined in amend- Episodes like the 2010 floods and, Corps of Engineers and its public and ment 903. more recently, Superstorm Sandy un- private sector partners the tools to Mr. LEVIN. Madam President, Michi- derscore the need to keep communities provide and maintain that infrastruc- gan is a water State. The State is sur- safe in the face of a changing climate. ture. I urge my colleagues to support rounded by water on three of its sides. The Army Corps of Engineers helps this important, bipartisan legislation. We depend on our vital water resources communities prepare for extreme Ms. CANTWELL. Madam President, for drinking water and commerce. weather events and addresses flood as we consider S. 601, the Water Re- Water provides opportunities for recre- control hazards. In many places, these sources Development Act, specifically ation, rest, and reflection. Our waters twin objectives can be pursued through amendment No. 903, I want to highlight define us. It has been 6 years since the the restoration of natural ecosystems. critical emerging needs in our Nation’s last Water Resources Development Act This reauthorization places greater arctic. was passed. This bill includes several emphasis on natural defenses like the The arctic is opening at an alarming provisions that will improve the man- wetlands and dunes that have pro- rate, which creates a number of eco- agement of Michigan’s water resources, tected our coastlines for millennia. nomic opportunities for the Nation. such as critical harbor maintenance, Coastal and freshwater wetlands act This accessibility also creates new re- upgrades to drinking and wastewater like sponges during floods, absorbing quirements for the U.S. Coast Guard systems, flood control projects, and water and dissipating the impact of and the Navy. Multiple bipartisan restoration of aquatic resources, and I wave energy and storm surge. Shore- Presidential directives call for in- will support its passage. line vegetation, natural dune forma- creased arctic presence to meet na- This bill makes some progress toward tions, and barrier islands do the same. tional security and homeland security improving the Great Lakes Navigation This draft recognizes the benefits of needs; to facilitate safe, secure, and re- System, and I am pleased that the Sen- natural resiliency. liable navigation; to protect maritime ate Environment and Public Works This bill also reauthorizes the Na- commerce; and to protect the environ- Committee worked with us to address tional Dam Safety Program, which is ment as resource development in- concerns with the reported bill. The vitally important to my small State. creases. bill would increase authorized appro- Rhode Island has about 700 dams, some With new shipping lanes and opportu- priations for harbor maintenance, be- dating back to the colonial era. One nities to obtain and transport natural ginning with $1 billion in fiscal year hundred seventy-nine are rated a resources, the arctic has become a new 2014 and increasing every year there- ‘‘high’’ or ‘‘significant risk.’’ Nation- frontier. We need to have arctic infra- after by $100 million through fiscal ally, America’s dams received a grade structure ready to accommodate this year 2019. In fiscal year 2020 and be- of ‘‘D’’ on the American Society of increase in commerce. yond, the bill would require that total Civil Engineers 2013 Report Card. The That is why I have worked closely budget resources for harbor mainte- Society cited more than 4,000 deficient with Senator BEGICH to fight for heavy- nance equal the full amount of funds dams, including more than 2,000 that duty icebreakers and other arctic in- collected for that purpose. Currently, would result in loss of life if they frastructure. We need to make sure the only about half of the funds collected failed. The Dam Safety Program helps Coast Guard acquires the tools they from shippers for harbor maintenance States monitor for deteriorating dam need to fulfill their missions in the arc- are used for harbor maintenance. The conditions that put communities in tic. harbor maintenance trust fund, into danger. In fact, the Army Corps of Engineers which the fees from shippers are col- This legislation is not without its de- is in the final phase of a study which lected, has a balance of over $7 billion. tractors, but I think it is important to assesses feasibility of deep draft ports Great Lakes harbors and channels recognize that both sides have had to in the arctic. The corps assessed over are in great need of dredging. A back- make compromises to get this bill to 3,000 miles of Alaskan coastline and log of dredging projects forces vessels where it is today. That is the hallmark identified a shortlist of two possible to carry less than their capacity, of our legislative process. deep draft ports in Nome and Port threatens to close harbors and in- For example, this reauthorization Clarence. creases the risk of vessel groundings. contains new measures to ensure the The U.S. Department of the Interior These funds need to be used for harbor timely completion of environmental released a report on emerging Federal maintenance instead of for other pur- impact studies and reviews required management needs in the arctic in poses. I have been fighting to free these under the National Environmental Pol- March 2013. The report, titled ‘‘Man- funds and worked with the EPW Com- icy Act, or NEPA. While this has raised aging for the Future in a Rapidly mittee to incorporate the text of the concerns from some, ensuring prompt Changing Environment,’’ found that Harbor Maintenance Act of 2013, which environmental review of projects does the U.S. arctic habitat encompasses St. I introduced earlier this year in Feb- not mean we are disregarding these re- Lawrence Island Northward, based on ruary, into the committee-reported

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.023 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3452 CONGRESSIONAL RECORD — SENATE May 15, 2013 bill. While the point of order enforce- The bill also includes a provision on that allow the system to safely and ef- ment language of my bill that would dam safety that is critical to Michigan ficiently support this activity. Without have required full funding immediately communities. The Dam Safety Pro- sustained financing through the inland for harbor maintenance was not in- gram provides grant assistance to waterways trust fund, this infrastruc- cluded in the final version, the com- States for the training of dam safety ture cannot be properly maintained. promise language that would phase in staff and for the development of safety Today I want to bring my colleagues’ the increased funding still represents monitoring programs. This bill also attention to an amendment offered by progress. The next step in the dredging helps us in the Asian carp fight. I Senator CASEY to S. 601, the Water Re- battle will be to work with appropri- worked with Senator GILLIBRAND to in- sources Development Act. Senator ators so that funding is provided at the clude a provision that would authorize CASEY’s amendment No. 854 takes an authorized levels. the Army Corps of Engineers to imple- important step toward ensuring that I am also pleased that the EPW Com- ment emergency measures to prevent the inland waterways trust fund can mittee responded to my concerns re- Asian carp and other invasive species meet current and future infrastructure garding how harbor maintenance fund- from getting into the Great Lakes. needs. While demands on the trust fund ing was prioritized. I had written a let- That language is based on a provision I have greatly increased in recent years, ter to EPW that was signed by 10 other was able to get included in an appro- the financing mechanism, a $0.20-per- Great Lakes Senators expressing our priations bill for fiscal year 2012, and gallon barge fuel tax, has not been concerns, and EPW responded by in- including it in the WRDA bill would raised since 1994. Senator CASEY’s cluding a provision in the bill that make the authority permanent. amendment would strengthen the trust would prioritize 20 percent of harbor I also want to mention the shadow fund by raising the tax to $0.29. Many maintenance funds in excess of fiscal that hangs over this legislation and all locks are already in such disrepair that year 2012 levels for the Great Lakes. the other legislation before us. That catastrophic failure could occur in the This setaside represents real progress, shadow is sequestration, and until we near future. A lock failure would cause and I hope appropriators will provide lift that shadow, it will erode the good a loss of navigation along the system funding in accordance with this direc- we seek to accomplish with this legis- above that point, incurring serious eco- tive in the bill. lation and everything else we do. nomic losses. Not only is this fuel tax I am also pleased that my amend- The projects authorized in this bill increase badly needed, it is widely sup- ment concerning other uses of the har- will touch every State in our Nation, ported by industries dependent upon bor maintenance trust fund was agreed put Americans to work, help American our inland waterways, including the to by the full Senate. That amend- companies sell their goods here and barge operating industry, which is di- ment, which was cosponsored by Sen- around the world, improve our naviga- rectly impacted by the tax. ator STABENOW, makes clear that the tion systems, and provide clean drink- While it is unfortunate that Senator primary use of the harbor maintenance ing water for our homes and busi- CASEY’s amendment could not be trust fund is for maintaining the con- nesses. But authorizing these projects brought up for consideration, I hope its structed widths and depths of ports and is not enough. We also need to appro- substance can become law in the com- harbors and that those functions priate the money to execute these ing months. should be given first consideration in projects. And so long as sequestration Mr. DURBIN. Madam President, the budgeting of harbor maintenance remains in effect, so long as we con- today the Senate will pass a Water Re- trust fund allocations. I fought for this tinue to view our fiscal challenges as sources Development Act, or WRDA, language because the bill includes a exclusively a matter of cutting budg- for the first time since 2007. I thank my colleagues, chairman BARBARA BOXER new authorization for other uses of the ets, so long as we ignore the desires of and ranking member DAVID VITTER of trust fund, and I wanted to make sure the American public and the realities the Environment and Public Works that harbor maintenance, including of budget math and refuse to adopt a Committee, for working together to that of the Great Lakes, has a higher balanced approach to deficit reduc- move a bipartisan bill out of com- claim for these funds than the other tion—so long as all that continues, mittee and to the floor. new uses. those appropriations will be reduced. I know it wasn’t easy, and com- In addition to the beneficial harbor As a result, water projects will suffer, promises were made. But water re- maintenance provisions, the bill also health and education programs will sources development bills are impor- includes a number of other provisions suffer, law enforcement, border secu- tant to the commerce that moves by that could benefit Michigan. A new rity, food inspections and more will river and sea, to those communities pilot program, called the Water Infra- suffer. The Speaker of the House said and towns that rely on the Corps of En- structure Financing and Innovation not long ago, ‘‘We can’t cut our way to gineers to protect them from flooding Act, is included in the bill, and it prosperity.’’ He’s right. We can’t cut and other storm damage, and to main- would increase options for financing our way to clean water or operable har- taining the precious natural resources our nation’s water and wastewater in- bors either. We need to keep that in that our rivers, streams, and wetlands frastructure by providing loan guaran- mind as we consider budget solutions represent. tees and low interest loans with flexi- going forward. We have an infrastructure problem in ble repayment terms. WIFIA is a posi- Despite the challenge of sequestra- this country. The American Society of tive provision for Michigan and the Na- tion and continued fiscal pressures, the Civil Engineers estimates that we need tion that will help to address the ongo- bill before us represents progress for $3.6 trillion investment in our failing ing problems we face with aging and America’s waterways and the people infrastructure. I say failing not only outdated infrastructure. who depend on them and in particular because its literally crumbling but be- As Michigan and much of the Mid- for the precious waters of my State of cause the American Society of Civil west recover from damaging flooding, I Michigan. I urge my colleagues to sup- Engineers 2013 Infrastructure Report am pleased to see an authorization for port this much-needed legislation. Card gave America’s infrastructure a the National Levee Safety Program Mr. HARKIN. Madam President, our ‘‘D-plus.’’ But for our inland water- and the establishment of a National inland waterways are a large and cru- ways, levees, and ports that grade is a Levee Safety Advisory Board. The cial part of our Nation’s transportation ‘‘D-minus.’’ board will provide technical assistance system and facilitate billions of dollars As an example, consider the locks to States and tribes on levee safety and of economic activity each year. In and dams on the Mississippi and Illi- facilitate the development of levee Iowa, agricultural producers as well as nois Rivers. These two rivers are im- safety programs through a Federal other shippers depend upon transpor- portant economic arteries, trans- grant program. Levees are an essential tation along the Mississippi River and porting millions of tons of product part of our flood protection infrastruc- Missouri River to gain access to mar- each year. The locks and dams that ture. This provision will hopefully en- kets throughout the country and the allow barges to move these goods were sure our levees are constructed and world. The channels, locks, and dams built in the 1930s and 1940s. maintained using sound science and throughout our inland waterways sys- They are aging, and the risk of fail- the best available information. tem are the infrastructural elements ure grows by the day. Back in March, a

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The study will help us better under- During that time, more than 50,000 tons We have certainly seen our fair share stand how the basin functions as a sys- of petroleum products came to a halt. of extreme weather in the Midwest and tem and how we can best manage it to That was a 7 day closure—can you along the Mississippi River lately. maintain safe and reliable navigation imagine the economic impact of a cata- Right now in Illinois and the Midwest, and protect lives and property—espe- strophic failure of one of these locks? we are recovering from major floods. cially during times of extreme flooding But we also must face reality that we But it was only 5 months ago that the and drought. passed this bill in a time of budget drought that sapped the Midwest This provision was added to the bill caps. This bill tries to update some of caused record low water levels on the as an amendment that I introduced the funding mechanisms and processes Mississippi—levels not seen since with Senator ROY BLUNT and others. we use to maintain and build locks World War II. That amendment was a compromise be- dams, levees, and harbors. I traveled to see it. The corps and tween Missouri River Senators and With such great need and limited re- Coast Guard took me out on an obser- Mississippi River Senators. sources, my colleague Senator MARK vation boat. When we got to the center I thank my colleagues, including KIRK and I introduced the Water Infra- of the channel, the corps commander Senator BAUCUS, for working with me structure Now Public Private Partner- said, ‘‘Imagine water ten feet over your to come up with acceptable language. ship Act, or WIN P3. I am pleased that head right now, that’s where the water With this agreement, hopefully we can the Senate-passed WRDA includes a levels should be.’’ start to get beyond the parochial wars major provision of our bill. The water was so low it threatened to of the past. It is clear those of us on The provision adds a new element to stop navigation on America’s great the Missouri River and the Mississippi a pilot program that allows for public commercial artery. Every few days River have a new common enemy that private agreements between the Corps barge operators and shippers were isn’t going anywhere soon extreme of Engineers and private entities. The faced with the difficult question of weather. pilot would allow the corps to expedite whether there would be enough water I am encouraged that the Senate has construction by bringing in private en- for them to safely transit the Mis- come together in a bipartisan way on tities that have enough of a stake in sissippi River. We are talking billions this bill. I now hope the House will completing infrastructure projects of dollars in goods from nearly every pass legislation that makes needed in- quickly that they could bring in pri- sector imaginable—agriculture, en- vestments in the waterways that are so vate resources to help complete the ergy, dry goods, bulk goods. important to the flow of commerce and work. The new language ensures that During the crisis, some recommended upholds the environmental protections projects that have not received Federal it could all be solved if we simply al- that keep America’s waterways funds would qualify for the program— lowed more water to flow from the Mis- healthy. projects like lock and dam moderniza- souri River into the Mississippi. Some The PRESIDING OFFICER. The Sen- tion on the Mississippi and Illinois Riv- even called on the President to declare ator from California. Mrs. BOXER. Madam President, if I ers. a disaster and mandate the water be could be heard for less than a minute, Currently those upgrades aren’t pro- taken from the Missouri River. jected to be complete until 2090. With I said, ‘‘Let’s hold on a minute, we I would like to thank every single Sen- this new program, I am hopeful new are all in this together.’’ What happens ator here. I think we have literally ways to fund and deliver big projects on the Missouri affects the Mississippi, worked with every one of the Senators like these will be developed and help Il- and the commerce on the Mississippi on this bill. Senator VITTER and I have our dif- linois upgrade our water infrastructure clearly benefits the Missouri River ferences in a number of areas, but when more quickly. States. it comes to the infrastructure of our This bill includes many provisions Instead of draining the Missouri country, we worked very well together, that could greatly benefit my home River for the benefit of the Mississippi, as I did with Senator INHOFE. State of Illinois. It would keep up the we pushed the corps to expedite re- The committee voted this bill out fight against the spread of Asian carp. moval of rock pinnacles that ob- unanimously, and we made it better on We must keep this invasive species structed navigation. With that, along this floor. Senators came to us with from damaging the ecosystem of Lake with some needed rain and creative amendments that made this a better Michigan. management by the corps, we were able bill. The bill would also implement a Na- to maintain navigation without doing Also, I have to praise our staffs. They tional Levee Safety Program to estab- any harm to the Missouri River. are unbelievable. I am not going to lish safety standards and provide as- In my view, that was a fair and rename names now, but later I will put sistance to locals whose levees require sponsible outcome. Equally fair and re- them in the RECORD. Senator VITTER’s rehabilitation. Many communities in sponsible, now that we are through the and my chief of staff, as well as their Illinois find themselves in the difficult crisis, is doing everything we can to teams, worked seamlessly in the most situation of having their levees decer- learn from what happened and work to wonderful and cooperative fashion. tified but without the funds to make ensure we are better prepared if it hap- I want everyone to know that this the necessary repairs. I am hopeful pens again. bill is about 500,000 jobs, thousands of that this bill could help at least some I introduced legislation to do that— businesses, critical flood control, envi- of them. the Mississippi River Navigation ronmental restoration projects, harbor I am pleased that the bill addresses Sustainment Act. I am pleased that maintenance, inland waterways, and extreme weather. No matter why you legislation is part of the Senate-passed we have adopted dozens and dozens of think it is happening, it is clear that bill. amendments. extreme weather events are becoming It will improve forecasting capabili- We are very excited about this vote. more severe and more frequent. ties and technology on the Mississippi We hope everyone will vote yea. It Consider the last year: The two cost- River, give the corps greater flexibility would be a wonderful signal to the liest natural disasters in the world oc- to operate outside of the navigation House so they can get on with this curred in the United States—the Mid- channel, and create an environmental work as well. west drought and Hurricane Sandy, management pilot program for the I yield to my friend. costing $100 billion. We can’t ignore the Middle Mississippi. The PRESIDING OFFICER. The Sen- reality that weather events like these Also included from my bill is a provi- ator from Louisiana. are the new normal. sion that would create a greater Mis- Mr. VITTER. Madam President, I This bill would initiate studies by sissippi River Basin severe flooding and join in all of the comments of the dis- the National Academy of Sciences and drought management study. It will for tinguished chairman of the committee, GAO to evaluate how we respond to and the first time look at the entire Mis- and I strongly support this bill as well. mitigate extreme weather events. It sissippi River Basin, which covers 40 This is a jobs bill as well as a water would also give the corps greater au- percent of the United States and is the maritime infrastructure bill that is

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.048 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3454 CONGRESSIONAL RECORD — SENATE May 15, 2013 good for the economy, and it does it in SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 2045. Prioritization of ecosystem res- a way that doesn’t increase the deficit (a) SHORT TITLE.—This Act may be cited as toration efforts. a penny. This bill contains no ear- the ‘‘Water Resources Development Act of Sec. 2046. Special use permits. marks. It institutes important reforms 2013’’. Sec. 2047. Operations and maintenance on fuel taxed inland waterways. to deauthorize projects that are not (b) TABLE OF CONTENTS.—The table of contents of this Act is as follows: Sec. 2048. Corrosion prevention. moving forward, so it should even be Sec. 2049. Project deauthorizations. Sec. 1. Short title; table of contents. authorization net neutral. It provides Sec. 2050. Reports to Congress. Sec. 2. Definition of Secretary. reforms which are needed in terms of Sec. 2051. Indian Self-Determination and the Corps of Engineers. TITLE I—WATER RESOURCE PROJECTS Education Assistance Act con- This is a very strong bipartisan bill. Sec. 1001. Purposes. forming amendment. I hope it is also some little suggestion Sec. 1002. Project authorizations. Sec. 2052. Invasive species review. Sec. 2053. Wetlands conservation study. of how we can move forward in this Sec. 1003. Project review. Sec. 1004. Future project authorizations. Sec. 2054. Dam modification study. body, work in a bipartisan way, and Sec. 2055. Non-Federal plans to provide addi- TITLE II—WATER RESOURCES POLICY have real debate, amendments, and tional flood risk reduction. REFORMS votes on the floor, which is another Sec. 2056. Mississippi River forecasting im- whole aspect of this experience that Sec. 2001. Purposes. provements. has been very positive. Sec. 2002. Safety assurance review. Sec. 2057. Flexibility in maintaining naviga- I urge a ‘‘yes’’ vote. Sec. 2003. Continuing authority programs. tion. Sec. 2004. Continuing authority program The PRESIDING OFFICER. The Sec. 2058. Restricted areas at Corps of Engi- prioritization. neers dams. question is, Shall the bill pass? Sec. 2005. Fish and wildlife mitigation. Sec. 2059. Maximum cost of projects. Mr. MENENDEZ. Madam President, I Sec. 2006. Mitigation status report. Sec. 2060. Donald G. Waldon Lock and Dam. ask for the yeas and nays. Sec. 2007. Independent peer review. Sec. 2061. Improving planning and adminis- The PRESIDING OFFICER. Is there a Sec. 2008. Operation and maintenance of tration of water supply storage. sufficient second? navigation and hydroelectric Sec. 2062. Crediting authority for Federally There is a sufficient second. facilities. authorized navigation projects. The clerk will call the roll. Sec. 2009. Hydropower at Corps of Engineers Sec. 2063. River basin commissions. The assistant legislative clerk called facilities. Sec. 2064. Restriction on charges for certain the roll. Sec. 2010. Clarification of work-in-kind cred- surplus water. Mr. DURBIN. I announce that the it authority. TITLE III—PROJECT MODIFICATIONS Senator from New Jersey (Mr. LAUTEN- Sec. 2011. Transfer of excess work-in-kind Sec. 3001. Purpose. BERG) and the Senator from Wash- credit. Sec. 3002. Chatfield Reservoir, Colorado. Sec. 2012. Credit for in-kind contributions. ington (Mrs. MURRAY) are necessarily Sec. 3003. Missouri River Recovery Imple- Sec. 2013. Credit in lieu of reimbursement. absent. mentation Committee expenses Sec. 2014. Dam optimization. reimbursement. Mr. CORNYN. The following Senator Sec. 2015. Water supply. Sec. 3004. Hurricane and storm damage re- is necessarily absent: the Senator from Sec. 2016. Report on water storage pricing duction study. Alaska (Ms. MURKOWSKI). formulas. Sec. 3005. Lower Yellowstone Project, Mon- The PRESIDING OFFICER (Ms. Sec. 2017. Clarification of previously author- tana. BALDWIN). Are there any other Sen- ized work. Sec. 3006. Project deauthorizations. ators in the Chamber desiring to vote? Sec. 2018. Consideration of Federal land in Sec. 3007. Raritan River Basin, Green Brook The result was announced—yeas 83, feasibility studies. Sub-basin, New Jersey. nays 14, as follows: Sec. 2019. Planning assistance to States. Sec. 3008. Red River Basin, Oklahoma, Texas, Arkansas, Louisiana. [Rollcall Vote No. 124 Leg.] Sec. 2020. Vegetation management policy. Sec. 2021. Levee certifications. Sec. 3009. Point Judith Harbor of Refuge, YEAS—83 Sec. 2022. Restoration of flood and hurricane Rhode Island. Alexander Franken Murphy storm damage reduction Sec. 3010. Land conveyance of Hammond Baldwin Gillibrand Nelson projects. Boat Basin, Warrenton, Oregon. Barrasso Graham Portman Sec. 2023. Operation and maintenance of cer- Sec. 3011. Metro East Flood Risk Manage- Baucus Grassley Pryor tain projects. ment Program, Illinois. Begich Hagan Reed Sec. 3012. Florida Keys water quality im- Bennet Harkin Sec. 2024. Dredging study. Reid provements. Blumenthal Hatch Risch Sec. 2025. Non-Federal project implementa- Blunt Heinrich tion pilot program. Sec. 3013. Des Moines Recreational River Roberts and Greenbelt, Iowa. Boozman Heitkamp Rockefeller Sec. 2026. Non-Federal implementation of Sec. 3014. Land conveyance, Craney Island Boxer Hirono Sanders feasibility studies. Brown Hoeven Schatz Sec. 2027. Tribal partnership program. Dredged Material Management Cantwell Inhofe Schumer Area, Portsmouth, Virginia. Cardin Isakson Sec. 2028. Cooperative agreements with Co- Sessions Sec. 3015. Los Angeles County Drainage Carper Johanns lumbia River Basin Indian Shaheen Area, California. Casey Johnson (SD) tribes. Sec. 3016. Oakland Inner Harbor Tidal Canal, Chambliss Kaine Shelby Sec. 2029. Military munitions response ac- Stabenow California. Coats King tions at civil works shoreline Tester Sec. 3017. Redesignation of Lower Mis- Cochran Kirk protection projects. Thune sissippi River Museum and Collins Klobuchar Sec. 2030. Beach nourishment. Coons Landrieu Toomey Riverfront Interpretive Site. Sec. 2031. Regional sediment management. Corker Levin Udall (CO) Sec. 3018. Louisiana Coastal Area. Cowan Manchin Udall (NM) Sec. 2032. Study acceleration. Sec. 3019. Four Mile Run, City of Alexandria Vitter Crapo McCaskill Sec. 2033. Project acceleration. and Arlington County, Virginia. Warner Donnelly McConnell Sec. 2034. Feasibility studies. Sec. 3020. East Fork of Trinity River, Texas. Durbin Menendez Warren Sec. 2035. Accounting and administrative ex- Sec. 3021. Seward Waterfront, Seward, Alas- Enzi Merkley Whitehouse penses. Wicker ka. Feinstein Mikulski Sec. 2036. Determination of project comple- Fischer Moran Wyden TITLE IV—WATER RESOURCE STUDIES tion. NAYS—14 Sec. 2037. Project partnership agreements. Sec. 4001. Purpose. Ayotte Flake McCain Sec. 2038. Interagency and international Sec. 4002. Initiation of new water resources Burr Heller Paul support authority. studies. Coburn Johnson (WI) Rubio Sec. 2039. Acceptance of contributed funds Sec. 4003. Applicability. Cornyn Leahy Scott to increase lock operations. TITLE V—REGIONAL AND NONPROJECT Cruz Lee Sec. 2040. Emergency response to natural PROVISIONS NOT VOTING—3 disasters. Sec. 5001. Purpose. Lautenberg Murkowski Murray Sec. 2041. Systemwide improvement frame- Sec. 5002. Northeast Coastal Region eco- works. system restoration. The bill (S. 601), as amended, was Sec. 2042. Funding to process permits. Sec. 5003. Chesapeake Bay Environmental passed, as follows: Sec. 2043. National riverbank stabilization Restoration and Protection S. 601 and erosion prevention study Program. Be it enacted by the Senate and House of Rep- and pilot program. Sec. 5004. Rio Grande environmental man- resentatives of the United States of America in Sec. 2044. Hurricane and storm damage risk agement program, Colorado, Congress assembled, reduction prioritization. New Mexico, Texas.

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0655 E:\CR\FM\G15MY6.038 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3455 Sec. 5005. Lower Columbia River and Sec. 9002. Purpose. SEC. 1002. PROJECT AUTHORIZATIONS. Tillamook Bay ecosystem res- Sec. 9003. Administrator. The Secretary is authorized to carry out toration, Oregon and Wash- Sec. 9004. Inspection of dams. projects for water resources development, ington. Sec. 9005. National Dam Safety Program. conservation, and other purposes, subject to Sec. 5006. Arkansas River, Arkansas and Sec. 9006. Public awareness and outreach for the conditions that— Oklahoma. dam safety. (1) each project is carried out— Sec. 5007. Aquatic invasive species preven- Sec. 9007. Authorization of appropriations. (A) substantially in accordance with the tion and management; Colum- TITLE X—INNOVATIVE FINANCING PILOT plan for the project; and bia River Basin. PROJECTS (B) subject to any conditions described in Sec. 5008. Upper Missouri Basin flood and the report for the project; and Sec. 10001. Short title. drought monitoring. (2)(A) a Report of the Chief of Engineers Sec. 10002. Purposes. Sec. 5009. Upper Missouri Basin shoreline has been completed; and Sec. 10003. Definitions. erosion prevention. (B) after November 8, 2007, but prior to the Sec. 10004. Authority to provide assistance. Sec. 5010. Northern Rockies headwaters ex- date of enactment of this Act, the Assistant Sec. 10005. Applications. treme weather mitigation. Secretary of the Army for Civil Works has Sec. 10006. Eligible entities. Sec. 5011. Aquatic nuisance species preven- submitted to Congress a recommendation to Sec. 10007. Projects eligible for assistance. tion, Great Lakes and Mis- authorize construction of the project. Sec. 10008. Activities eligible for assistance. sissippi River Basin. Sec. 10009. Determination of eligibility and SEC. 1003. PROJECT REVIEW. Sec. 5012. Middle Mississippi River pilot pro- (a) IN GENERAL.—For a project that is au- project selection. gram. thorized by Federal law as of the date of en- Sec. 10010. Secured loans. Sec. 5013. Idaho, Montana, rural Nevada, actment of this Act, the Secretary may mod- Sec. 10011. Program administration. New Mexico, rural Utah, and ify the authorized project cost set under sec- Sec. 10012. State, tribal, and local permits. Wyoming. tion 902 of the Water Resources Development Sec. 10013. Regulations. Sec. 5014. Chesapeake Bay oyster restora- Act of 1986 (33 U.S.C. 2280)— Sec. 10014. Funding. tion in Virginia and Maryland. (1) by submitting the required certification Sec. 10015. Report to Congress. Sec. 5015. Missouri River between Fort Peck and additional information to Congress in Sec. 10016. Use of American iron, steel, and Dam, Montana and Gavins accordance with subsection (b); and manufactured goods. Point Dam, South Dakota and (2) after receiving an appropriation of Nebraska. TITLE XI—EXTREME WEATHER funds in accordance with subsection Sec. 5016. Operations and maintenance of in- Sec. 11001. Definition of resilient construc- (b)(3)(B). land Mississippi River ports. tion technique. (b) REQUIREMENTS FOR SUBMISSION.— Sec. 5017. Remote and subsistence harbors. Sec. 11002. Study on risk reduction. (1) CERTIFICATION.—The certification to Sec. 5018. Multiagency effort to slow the Sec. 11003. GAO study on management of Congress under subsection (a) shall include a spread of Asian carp in the flood, drought, and storm dam- certification by the Secretary that— Upper Mississippi River and age. (A) expenditures above the authorized cost Ohio River basins and tribu- Sec. 11004. Post-disaster watershed assess- of the project are necessary to protect life taries. ments. and safety or property, maintain critical Sec. 5019. Release of use restrictions. Sec. 11005. Authority to accept and expend navigation routes, or restore ecosystems; Sec. 5020. Rights and responsibilities of non-Federal amounts. (B) the project continues to provide bene- Cherokee Nation of Oklahoma TITLE XII—NATIONAL ENDOWMENT FOR fits identified in the report of the Chief of regarding W.D. Mayo Lock and THE OCEANS Engineers for the project; and Dam, Oklahoma. (C) for projects under construction— Sec. 12001. Short title. Sec. 5021. Upper Mississippi River protec- (i) a temporary stop or delay resulting Sec. 12002. Purposes. tion. from a failure to increase the authorized cost Sec. 12003. Definitions. Sec. 5022. Arctic Deep draft port develop- of the project will increase costs to the Fed- Sec. 12004. National Endowment for the ment partnerships. eral Government; and Oceans. Sec. 5023. Greater Mississippi River Basin (ii) the amount requested for the project in Sec. 12005. Eligible uses. severe flooding and drought the budget of the President or included in a Sec. 12006. Grants. management study. work plan for the expenditure of funds for Sec. 12007. Annual report. Sec. 5024. Cape Arundel Disposal Site, the fiscal year during which the certification Maine. Sec. 12008. Tulsa Port of Catoosa, Rogers County, Oklahoma land ex- is submitted will exceed the authorized cost TITLE VI—LEVEE SAFETY change. of the project. Sec. 6001. Short title. (2) ADDITIONAL INFORMATION.—The informa- Sec. 6002. Findings; purposes. TITLE XIII—MISCELLANEOUS tion provided to Congress about the project Sec. 6003. Definitions. Sec. 13001. Applicability of Spill Prevention, under subsection (a) shall include, at a min- Sec. 6004. National levee safety program. Control, and Countermeasure imum— Sec. 6005. National levee safety advisory rule. (A) a comprehensive review of the project board. Sec. 13002. America the Beautiful National costs and reasons for exceeding the author- Sec. 6006. Inventory and inspection of levees. Parks and Federal Recreational ized limits set under section 902 of the Water Sec. 6007. Reports. Lands Pass program. Resources Development Act of 1986 (33 U.S.C. Sec. 6008. Effect of title. SEC. 2. DEFINITION OF SECRETARY. 2280); Sec. 6009. Authorization of appropriations. In this Act, the term ‘‘Secretary’’ means (B) an expedited analysis of the updated TITLE VII—INLAND WATERWAYS the Secretary of the Army. benefits and costs of the project; and Sec. 7001. Purposes. TITLE I—WATER RESOURCE PROJECTS (C) the revised cost estimate level for com- Sec. 7002. Definitions. pleting the project. SEC. 1001. PURPOSES. Sec. 7003. Project delivery process reforms. (3) APPROVAL OF CONGRESS.—The Secretary The purposes of this title are— Sec. 7004. Major rehabilitation standards. may not change the authorized project costs Sec. 7005. Inland waterways system reve- (1) to authorize projects that— under subsection (a) unless— nues. (A) are the subject of a completed report of (A) a certification and required informa- Sec. 7006. Efficiency of revenue collection. the Chief of Engineers containing a deter- tion is submitted to Congress under sub- Sec. 7007. GAO study, Olmsted Locks and mination that the relevant project— section (b); and Dam, Lower Ohio River, Illinois (i) is in the Federal interest; (B) after such submission, amounts are ap- and Kentucky. (ii) results in benefits that exceed the costs propriated to initiate or continue construc- Sec. 7008. Olmsted Locks and Dam, Lower of the project; tion of the project in an appropriations or Ohio River, Illinois and Ken- (iii) is environmentally acceptable; and other Act. tucky. (iv) is technically feasible; and (c) DE MINIMIS AMOUNTS.—If the cost to (B) have been recommended to Congress TITLE VIII—HARBOR MAINTENANCE complete construction of an authorized for authorization by the Assistant Secretary water resources project would exceed the Sec. 8001. Short title. of the Army for Civil Works; and limitations on the maximum cost of the Sec. 8002. Purposes. (2) to authorize the Secretary— project under section 902 of the Water Re- Sec. 8003. Funding for harbor maintenance (A) to review projects that require in- sources Development Act of 1986 (33 U.S.C. programs. creased authorization; and 2280), the Secretary may complete construc- Sec. 8004. Harbor Maintenance Trust Fund (B) to request an increase of those author- tion of the project, notwithstanding the lim- prioritization. izations after— itations imposed by that section if— Sec. 8005. Harbor maintenance trust fund (i) certifying that the increases are nec- (1) construction of the project is at least 70 study. essary; and percent complete at the time the cost of the TITLE IX—DAM SAFETY (ii) submitting to Congress reports on the project is projected to exceed the limita- Sec. 9001. Short title. proposed increases. tions; and

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MY6.012 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3456 CONGRESSIONAL RECORD — SENATE May 15, 2013 (2) the Federal cost to complete construc- (3) to implement reforms, including— ment Act of 1996 (33 U.S.C. 2330(d)) is amend- tion is less than $5,000,000. (A) enhancing the ability of local sponsors ed by striking ‘‘$5,000,000’’ and inserting (d) TERMINATION OF EFFECTIVENESS.—The to partner with the Corps of Engineers by en- ‘‘$10,000,000’’. authority of the Secretary under this section suring the eligibility of the local sponsors to (g) FLOODPLAIN MANAGEMENT SERVICES.— terminates on the date that is 3 years after receive and apply credit for work carried out Section 206(d) of the Flood Control Act of the date of enactment of this Act. by the sponsors and increasing the role of 1960 (33 U.S.C. 709a) is amended by striking SEC. 1004. FUTURE PROJECT AUTHORIZATIONS. sponsors in carrying out Corps of Engineers ‘‘$15,000,000’’ and inserting ‘‘$50,000,000’’. (a) POLICY.—The benefits of water resource projects; SEC. 2004. CONTINUING AUTHORITY PROGRAM projects designed and carried out in an eco- (B) ensuring continuing authority pro- PRIORITIZATION. nomically justifiable, environmentally ac- grams can continue to meet important (a) DEFINITION OF CONTINUING AUTHORITY ceptable, and technically sound manner are needs; PROGRAM PROJECT.—In this section, the term important to the economy and environment (C) encouraging the continuation of efforts ‘‘continuing authority program’’ means 1 of of the United States and recommendations to modernize feasibility studies and estab- the following authorities: to Congress regarding those projects should lish targets for expedited completion of fea- (1) Section 205 of the Flood Control Act of be expedited for approval in a timely man- sibility studies; 1948 (33 U.S.C. 701s). ner. (D) seeking efficiencies in the management (2) Section 111 of the River and Harbor Act (b) APPLICABILITY.—The procedures under of dams and related infrastructure to reduce of 1968 (33 U.S.C. 426i). this section apply to projects for water re- environmental impacts while maximizing (3) Section 206 of the Water Resources De- sources development, conservation, and other benefits and project purposes, such as other purposes, subject to the conditions velopment Act of 1996 (33 U.S.C. 2330). flood control, navigation, water supply, and that— (4) Section 1135 of the Water Resources De- hydropower; (1) each project is carried out— velopment Act of 1986 (33 U.S.C. 2309a). (A) substantially in accordance with the (E) clarifying mitigation requirements for (5) Section 107 of the River and Harbor Act plan identified in the report of the Chief of Corps of Engineers projects and ensuring of 1960 (33 U.S.C. 577). Engineers for the project; and transparency in the independent external re- (6) Section 3 of the Act of August 13, 1946 (B) subject to any conditions described in view of those projects; and (33 U.S.C. 426g). the report for the project; and (F) establishing an efficient and trans- (b) PRIORITIZATION.—Not later than 1 year (2)(A) a report of the Chief of Engineers has parent process for deauthorizing projects after the date of enactment of this Act, the been completed; and that have failed to receive a minimum level Secretary shall publish in the Federal Reg- (B) after the date of enactment of this Act, of investment to ensure active projects can ister and on a publicly available website, the the Assistant Secretary of the Army for move forward while reducing the backlog of criteria the Secretary uses for prioritizing Civil Works has submitted to Congress a rec- authorized projects. annual funding for continuing authority pro- ommendation to authorize construction of SEC. 2002. SAFETY ASSURANCE REVIEW. gram projects. the project. Section 2035 of the Water Resources Devel- (c) ANNUAL REPORT.—Not later than 1 year (c) EXPEDITED CONSIDERATION.— opment Act of 2007 (33 U.S.C. 2344) is amend- after the date of enactment of this Act and (1) IN GENERAL.—A bill shall be eligible for ed by adding at the end the following: each year thereafter, the Secretary shall expedited consideration in accordance with ‘‘(g) NONAPPLICABILITY OF FACA.—The publish in the Federal Register and on a pub- this subsection if the bill— Federal Advisory Committee Act (5 U.S.C. licly available website, a report on the sta- (A) authorizes a project that meets the re- App.) shall not apply to a safety assurance tus of each continuing authority program, quirements described in subsection (b); and review conducted under this section.’’. which, at a minimum, shall include— (B) is referred to the Committee on Envi- SEC. 2003. CONTINUING AUTHORITY PROGRAMS. (1) the name and a short description of ronment and Public Works of the Senate. (a) SMALL RIVER AND HARBOR IMPROVEMENT each active continuing authority program (2) COMMITTEE CONSIDERATION.— PROJECTS.—Section 107 of the River and Har- project; (A) IN GENERAL.—Not later than January bor Act of 1960 (33 U.S.C. 577) is amended— (2) the cost estimate to complete each ac- 31st of the second session of each Congress, (1) in subsection (a), by striking tive project; and the Committee on Environment and Public ‘‘$35,000,000’’ and inserting ‘‘$50,000,000’’; and (3) the funding available in that fiscal year Works of the Senate shall— (2) in subsection (b), by striking for each continuing authority program. (i) report all bills that meet the require- ‘‘$7,000,000’’ and inserting ‘‘$10,000,000’’. (d) CONGRESSIONAL NOTIFICATION.—On pub- ments of paragraph (1); or (b) SHORE DAMAGE PREVENTION OR MITIGA- lication in the Federal Register under sub- (ii) introduce and report a measure to au- TION.—Section 111(c) of the River and Harbor sections (b) and (c), the Secretary shall sub- thorize any project that meets the require- Act of 1968 (33 U.S.C. 426i(c)) is amended by mit to the Committee on Environment and ments described in subsection (b). striking ‘‘$5,000,000’’ and inserting Public Works of the Senate and the Com- (B) FAILURE TO ACT.—Subject to subpara- ‘‘$10,000,000’’. mittee on Transportation and Infrastructure graph (C), if the Committee fails to act on a (c) REGIONAL SEDIMENT MANAGEMENT.— of the House of Representatives a copy of all bill that meets the requirements of para- (1) IN GENERAL.—Section 204 of the Water information published under those sub- graph (1) by the date specified in subpara- Resources Development Act of 1992 (33 U.S.C. sections. graph (A), the bill shall be discharged from 2326) is amended— SEC. 2005. FISH AND WILDLIFE MITIGATION. the Committee and placed on the calendar of (A) in subsection (c)(1)(C), by striking (a) IN GENERAL.—Section 906 of the Water the Senate. ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’; and Resources Development Act of 1986 (33 U.S.C. (C) EXCEPTIONS.—Subparagraph (B) shall (B) in subsection (g), by striking 2283) is amended— not apply if— ‘‘$30,000,000’’ and inserting ‘‘$50,000,000’’. (1) in subsection (d)— (i) in the 180-day period immediately pre- (2) APPLICABILITY.—Section 2037 of the (A) in paragraph (1)— ceding the date specified in subparagraph Water Resources Development Act of 2007 (i) in the first sentence— (A), the full Committee holds a legislative (121 Stat. 1094) is amended by added at the (I) by inserting ‘‘for damages to ecological hearing on a bill to authorize all projects end the following: resources, including terrestrial and aquatic that meet the requirements described in sub- ‘‘(c) APPLICABILITY.—The amendment made resources, and’’ after ‘‘mitigate’’; section (b); by subsection (a) shall not apply to any (II) by inserting ‘‘ecological resources and’’ (ii)(I) the Committee favorably reports a project authorized under this Act if a report after ‘‘impact on’’; and bill to authorize all projects that meet the of the Chief of Engineers for the project was (III) by inserting ‘‘without the implemen- requirements described in subsection (b); and completed prior to the date of enactment of tation of mitigation measures’’ before the (II) the bill described in subclause (I) is this Act.’’. period; and placed on the calendar of the Senate; or (d) SMALL FLOOD CONTROL PROJECTS.—Sec- (ii) by inserting before the last sentence (iii) a bill that meets the requirements of tion 205 of the Flood Control Act of 1948 (33 the following: ‘‘If the Secretary determines paragraph (1) is referred to the Committee U.S.C. 701s) is amended in the third sentence that mitigation to in-kind conditions is not not earlier than 30 days before the date spec- by striking ‘‘$7,000,000’’ and inserting possible, the Secretary shall identify in the ified in subparagraph (A). ‘‘$10,000,000’’. report the basis for that determination and (d) TERMINATION.—The procedures for expe- (e) PROJECT MODIFICATIONS FOR IMPROVE- the mitigation measures that will be imple- dited consideration under this section termi- MENT OF ENVIRONMENT.—Section 1135(d) of mented to meet the requirements of this sec- nate on December 31, 2018. the Water Resources Development Act of tion and the goals of section 307(a)(1) of the TITLE II—WATER RESOURCES POLICY 1986 (33 U.S.C. 2309a(d)) is amended— Water Resources Development Act of 1990 (33 REFORMS (1) in the second sentence, by striking U.S.C. 2317(a)(1)).’’; SEC. 2001. PURPOSES. ‘‘Not more than 80 percent of the non-Fed- (B) in paragraph (2)— The purposes of this title are— eral may be’’ and inserting ‘‘The non-Federal (i) in the heading, by striking ‘‘DESIGN’’ (1) to reform the implementation of water share may be provided’’; and and inserting ‘‘SELECTION AND DESIGN’’; resources projects by the Corps of Engineers; (2) in the third sentence, by striking (ii) by inserting ‘‘select and’’ after ‘‘shall’’; (2) to make other technical changes to the ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. and water resources policy of the Corps of Engi- (f) AQUATIC ECOSYSTEM RESTORATION.—Sec- (iii) by inserting ‘‘using a watershed ap- neers; and tion 206(d) of the Water Resources Develop- proach’’ after ‘‘projects’’; and

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MY6.012 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3457 (C) in paragraph (3)— ‘‘(A) an assessment of the condition of en- tions will ensure that the mitigation re- (i) in subparagraph (A), by inserting ‘‘, at a vironmental resources in the geographical quirements of this section and the goals of minimum,’’ after ‘‘complies with’’; and area covered by the plan, including an as- section 307(a)(1) of the Water Resources De- (ii) in subparagraph (B)— sessment of recent trends and any potential velopment Act of 1990 (33 U.S.C. 2317(a)(1)) (I) by striking clause (iii); threats to those resources; will be met. (II) by redesignating clauses (iv) and (v) as ‘‘(B) an assessment of potential opportuni- ‘‘(2) INCLUSION OF OTHER ACTIVITIES.—The clauses (v) and (vi), respectively; and ties to improve the overall quality of envi- banks, programs, and efforts described in (III) by inserting after clause (ii) the fol- ronmental resources in the geographical area paragraph (1) include any banks, programs, lowing: covered by the plan through strategic miti- and efforts developed in accordance with ap- ‘‘(iii) for projects where mitigation will be gation for impacts of water resources devel- plicable law (including regulations). carried out by the Secretary— opment projects; ‘‘(3) TERMS AND CONDITIONS.—In carrying ‘‘(I) a description of the land and interest ‘‘(C) standard measures for mitigating cer- out natural habitat and wetlands mitigation in land to be acquired for the mitigation tain types of impacts; efforts under this section, contributions to plan; ‘‘(D) parameters for determining appro- the mitigation effort may— ‘‘(II) the basis for a determination that the priate mitigation for certain types of im- ‘‘(A) take place concurrent with, or in ad- land and interests are available for acquisi- pacts, such as mitigation ratios or criteria vance of, the commitment of funding to a tion; and for determining appropriate mitigation sites; project; and ‘‘(III) a determination that the proposed ‘‘(E) adaptive management procedures, ‘‘(B) occur in advance of project construc- interest sought does not exceed the min- such as protocols that involve monitoring tion only if the efforts are consistent with imum interest in land necessary to meet the predicted impacts over time and adjusting all applicable requirements of Federal law mitigation requirements for the project; mitigation measures in response to informa- (including regulations) and water resources ‘‘(iv) for projects where mitigation will be tion gathered through the monitoring; development planning processes. carried out through a third party mitigation ‘‘(F) acknowledgment of specific statutory ‘‘(4) PREFERENCE.—At the request of the arrangement in accordance with subsection or regulatory requirements that must be sat- non-Federal project sponsor, preference may (i)— isfied when determining appropriate mitiga- be given, to the maximum extent prac- ‘‘(I) a description of the third party mitigation for certain types of resources; and ticable, to mitigating an environmental im- tion instrument to be used; and ‘‘(G) any offsetting benefits of self-miti- pact through the use of a mitigation bank, ‘‘(II) the basis for a determination that the gating projects, such as ecosystem or re- in-lieu fee, or other third-party mitigation mitigation instrument can meet the mitiga- source restoration and protection. arrangement, if the use of credits from the tion requirements for the project;’’; and ‘‘(7) PROCESS.—Before adopting a pro- mitigation bank or in-lieu fee, or the other (2) by adding at the end the following: grammatic environmental mitigation plan third-party mitigation arrangement for the for use under this subsection, the Secretary ‘‘(h) PROGRAMMATIC MITIGATION PLANS.— project has been approved by the applicable shall— Federal agency. ‘‘(1) IN GENERAL.—The Secretary may de- ‘‘(A) for a plan developed by the Sec- ‘‘(j) USE OF FUNDS.—The Secretary may velop 1 or more programmatic mitigation retary— plans to address the potential impacts to ec- use funds made available for preconstruction ‘‘(i) make a draft of the plan available for engineering and design prior to authoriza- ological resources, fish, and wildlife associ- review and comment by applicable environ- tion of project construction to satisfy miti- ated with existing or future water resources mental resource agencies and the public; and gation requirements through third party development projects. ‘‘(ii) consider any comments received from mechanisms or to acquire interests in land ‘‘(2) USE OF MITIGATION PLANS.—The Sec- those agencies and the public on the draft necessary for meeting the mitigation re- retary shall, to the maximum extent prac- plan; and quirements of this section.’’. ticable, use programmatic mitigation plans ‘‘(B) for a plan developed under paragraph (b) APPLICATION.—The amendments made developed in accordance with this subsection (3), determine, not later than 180 days after by subsection (a) shall not apply to a project to guide the development of a mitigation receiving the plan, whether the plan meets for which a mitigation plan has been com- plan under subsection (d). the requirements of paragraphs (4) through pleted as of the date of enactment of this ‘‘(3) NON-FEDERAL PLANS.—The Secretary (6) and was made available for public com- shall, to the maximum extent practicable ment. Act. (c) TECHNICAL ASSISTANCE.— and subject to all conditions of this sub- ‘‘(8) INTEGRATION WITH OTHER PLANS.—A section, use programmatic environmental programmatic environmental mitigation (1) IN GENERAL.—The Secretary may pro- plans developed by a State, a body politic of plan may be integrated with other plans, in- vide technical assistance to States and local the State, which derives its powers from a cluding watershed plans, ecosystem plans, governments to establish third-party mitiga- State constitution, a government entity cre- species recovery plans, growth management tion instruments, including mitigation ated by State legislation, or a local govern- plans, and land use plans. banks and in-lieu fee programs, that will help to target mitigation payments to high- ment, that meet the requirements of this ‘‘(9) CONSIDERATION IN PROJECT DEVELOP- priority ecosystem restoration actions. subsection to address the potential environ- MENT AND PERMITTING.—If a programmatic mental impacts of existing or future water environmental mitigation plan has been de- (2) REQUIREMENTS.—In providing technical resources development projects. veloped under this subsection, any Federal assistance under this subsection, the Sec- ‘‘(4) SCOPE.—A programmatic mitigation agency responsible for environmental re- retary shall give priority to States and local plan developed by the Secretary or an entity views, permits, or approvals for a water re- governments that have developed State, re- described in paragraph (3) to address poten- sources development project may use the gional, or watershed-based plans identifying tial impacts of existing or future water re- recommendations in that programmatic en- priority restoration actions. sources development projects shall, to the vironmental mitigation plan when carrying (3) MITIGATION INSTRUMENTS.—The Sec- maximum extent practicable— out the responsibilities of the agency under retary shall seek to ensure any technical as- ‘‘(A) be developed on a regional, eco- the National Environmental Policy Act of sistance provided under this subsection will system, watershed, or statewide scale; 1969 (42 U.S.C. 4321 et seq.). support the establishment of mitigation instruments that will result in restoration of ‘‘(B) include specific goals for aquatic re- ‘‘(10) PRESERVATION OF EXISTING AUTHORI- high-priority areas identified in the plans source and fish and wildlife habitat restora- TIES.—Nothing in this subsection limits the tion, establishment, enhancement, or preser- use of programmatic approaches to reviews under paragraph (2). vation; under the National Environmental Policy SEC. 2006. MITIGATION STATUS REPORT. ‘‘(C) identify priority areas for aquatic re- Act of 1969 (42 U.S.C. 4321 et seq.). Section 2036(b) of the Water Resources De- source and fish and wildlife habitat protec- ‘‘(i) THIRD-PARTY MITIGATION ARRANGE- velopment Act of 2007 (33 U.S.C. 2283a) is tion or restoration; MENTS.— amended— ‘‘(D) encompass multiple environmental ‘‘(1) ELIGIBLE ACTIVITIES.—In accordance (1) by redesignating paragraph (3) as para- resources within a defined geographical area with all applicable Federal laws (including graph (4); and or focus on a specific resource, such as regulations), mitigation efforts carried out (2) by inserting after paragraph (2) the fol- aquatic resources or wildlife habitat; and under this section may include— lowing: ‘‘(E) address impacts from all projects in a ‘‘(A) participation in mitigation banking ‘‘(3) INFORMATION INCLUDED.—In reporting defined geographical area or focus on a spe- or other third-party mitigation arrange- the status of all projects included in the re- cific type of project. ments, such as— port, the Secretary shall— ‘‘(5) CONSULTATION.—The scope of the plan ‘‘(i) the purchase of credits from commer- ‘‘(A) use a uniform methodology for deter- shall be determined by the Secretary or an cial or State, regional, or local agency-spon- mining the status of all projects included in entity described in paragraph (3), as appro- sored mitigation banks; and the report; priate, in consultation with the agency with ‘‘(ii) the purchase of credits from in-lieu ‘‘(B) use a methodology that describes both jurisdiction over the resources being ad- fee mitigation programs; and a qualitative and quantitative status for all dressed in the environmental mitigation ‘‘(B) contributions to statewide and re- projects in the report; and plan. gional efforts to conserve, restore, enhance, ‘‘(C) provide specific dates for and partici- ‘‘(6) CONTENTS.—A programmatic environ- and create natural habitats and wetlands if pants in the consultations required under mental mitigation plan may include— the Secretary determines that the contribu- section 906(d)(4)(B) of the Water Resources

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MY6.012 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3458 CONGRESSIONAL RECORD — SENATE May 15, 2013 Development Act of 1986 (33 U.S.C. SEC. 2008. OPERATION AND MAINTENANCE OF Corps of Engineers concerning hydroelectric 2283(d)(4)(B)).’’. NAVIGATION AND HYDROELECTRIC power development activities at Corps of En- FACILITIES. SEC. 2007. INDEPENDENT PEER REVIEW. gineers civil works projects. (a) IN GENERAL.—Section 314 of the Water (a) TIMING OF PEER REVIEW.—Section (b) POLICY.—Congress declares that it is Resources Development Act of 1990 (33 U.S.C. the policy of the United States that— 2034(b) of the Water Resources Development 2321) is amended— Act of 2007 (33 U.S.C. 2343(b)) is amended— (1) the development of non-Federal hydro- (1) by striking the heading and inserting electric power at Corps of Engineers civil (1) by redesignating paragraph (3) as para- the following: graph (4); and works projects, including locks and dams, ‘‘SEC. 314. OPERATION AND MAINTENANCE OF (2) by inserting after paragraph (2) the fol- shall be given priority; NAVIGATION AND HYDROELECTRIC (2) Corps of Engineers approval of non-Fed- lowing: FACILITIES.’’; ‘‘(3) REASONS FOR TIMING.—If the Chief of eral hydroelectric power at Corps of Engi- (2) in the first sentence, by striking ‘‘Ac- neers civil works projects, including permit- Engineers does not initiate a peer review for tivities currently performed’’ and inserting a project study at a time described in para- ting required under section 14 of the Act of the following: March 3, 1899 (33 U.S.C. 408), shall be com- graph (2), the Chief shall— ‘‘(a) IN GENERAL.—Activities currently per- pleted by the Corps of Engineers in a timely ‘‘(A) not later than 7 days after the date on formed’’; and consistent manner; and which the Chief of Engineers determines not (3) in the second sentence, by striking (3) approval of hydropower at Corps of En- to initiate a peer review— ‘‘This section’’ and inserting the following: gineers civil works projects shall in no way ‘‘(i) notify the Committee on Environment ‘‘(b) MAJOR MAINTENANCE CONTRACTS AL- diminish the other priorities and missions of and Public Works of the Senate and the LOWED.—This section’’; the Corps of Engineers, including authorized Committee on Transportation and Infra- (4) in subsection (a) (as designated by para- project purposes and habitat and environ- structure of the House of Representatives of graph (2)), by inserting ‘‘navigation or’’ be- mental protection. that decision; and fore ‘‘hydroelectric’’; and (c) REPORT.—Not later than 1 year after ‘‘(ii) make publicly available, including on (5) by adding at the end the following: the date of enactment of this Act and each the Internet the reasons for not conducting ‘‘(c) EXCLUSION.—This section shall not— year thereafter, the Secretary shall submit the review; and ‘‘(1) apply to those navigation facilities to the Committee on Environment and Pub- ‘‘(B) include the reasons for not conducting that have been or are currently under con- lic Works of the Senate and the Committee the review in the decision document for the tract with a non-Federal interest to perform on Transportation and Infrastructure of the project study.’’. operations and maintenance as of the date of House of Representatives a report that, at a (b) ESTABLISHMENT OF PANELS.—Section enactment of the Water Resources Develop- minimum, shall include— 2034(c) of the Water Resources Development ment Act of 2013; and (1) a description of initiatives carried out Act of 2007 (33 U.S.C. 2343(c)) is amended by ‘‘(2) prohibit the Secretary from con- by the Secretary to encourage the develop- striking paragraph (4) and inserting the fol- tracting out future commercial activities at ment of hydroelectric power by non-Federal lowing: those navigation facilities.’’. entities at Corps of Engineers civil works ‘‘(4) CONGRESSIONAL AND PUBLIC NOTIFICA- (b) CLERICAL AMENDMENT.—The table of projects; TION.—Following the identification of a contents contained in section 1(b) of the (2) a list of all new hydroelectric power ac- project study for peer review under this sec- Water Resources Development Act of 1990 tivities by non-Federal entities approved at tion, but prior to initiation of the review by (104 Stat. 4604) is amended by striking the Corps of Engineers civil works projects in the panel of experts, the Chief of Engineers item relating to section 314 and inserting the that fiscal year, including the length of time shall, not later than 7 days after the date on following: the Secretary needed to approve those ac- which the Chief of Engineers determines to ‘‘Sec. 314. Operation and maintenance of tivities; conduct a review— navigation and hydroelectric (3) a description of the status of each pend- ‘‘(A) notify the Committee on Environ- facilities.’’. ing application from non-Federal entities for ment and Public Works of the Senate and SEC. 2009. HYDROPOWER AT CORPS OF ENGI- approval to develop hydroelectric power at the Committee on Transportation and Infra- NEERS FACILITIES. Corps of Engineers civil works projects; structure of the House of Representatives of (a) FINDINGS.—Congress finds that— (4) a description of any benefits or impacts the review; and (1) in April 2012, the Oak Ridge National to the environment, recreation, or other uses ‘‘(B) make publicly available, including on Laboratory of the Department of Energy (re- associated with Corps of Engineers civil the Internet, information on— ferred to in this section as the ‘‘Oak Ridge works projects at which non-Federal entities ‘‘(i) the dates scheduled for beginning and Lab’’) released a report finding that adding have developed hydroelectric power in the ending the review; hydroelectric power to the non-powered previous fiscal year; and ‘‘(ii) the entity that has the contract for dams of the United States has the potential (5) the total annual amount of payments or the review; and to add more than 12 gigawatts of new gener- other services provided to the Corps of Engi- ‘‘(iii) the names and qualifications of the ating capacity; neers, the Treasury, and any other Federal panel of experts.’’. (2) the top 10 non-powered dams identified agency as a result of approved non-Federal (c) RECOMMENDATIONS OF PANEL.—Section by the Oak Ridge Lab as having the highest hydropower projects at Corps of Engineers 2034(f) of the Water Resources Development hydroelectric power potential could alone civil works projects. Act of 2007 (33 U.S.C. 2343(f)) is amended by supply 3 gigawatts of generating capacity; SEC. 2010. CLARIFICATION OF WORK-IN-KIND striking paragraph (2) and inserting the fol- (3) of the 50 non-powered dams identified CREDIT AUTHORITY. lowing: by the Oak Ridge Lab as having the highest (a) NON-FEDERAL COST SHARE.—Section ‘‘(2) PUBLIC AVAILABILITY AND SUBMISSION hydroelectric power potential, 48 are Corps 7007 of the Water Resources Development TO CONGRESS.—After receiving a report on a of Engineers civil works projects; Act of 2007 (121 Stat. 1277) is amended— project study from a panel of experts under (4) promoting non-Federal hydroelectric (1) in subsection (a)— this section, the Chief of Engineers shall power at Corps of Engineers civil works (A) by inserting ‘‘, on, or after’’ after ‘‘be- make available to the public, including on projects increases the taxpayer benefit of fore’’; and the Internet, and submit to the Committee those projects; (B) by inserting ‘‘, program,’’ after ‘‘study’’ on Environment and Public Works of the (5) the development of non-Federal hydro- each place it appears; Senate and the Committee on Transpor- electric power at Corps of Engineers civil (2) in subsections (b) and (e)(1), by insert- tation and Infrastructure of the House of works projects— ing ‘‘, program,’’ after ‘‘study’’ each place it Representatives— (A) can be accomplished in a manner that appears; and ‘‘(A) a copy of the report not later than 7 is consistent with authorized project pur- (3) by striking subsection (d) and inserting days after the date on which the report is de- poses and the responsibilities of the Corps of the following: livered to the Chief of Engineers; and Engineers to protect the environment; and ‘‘(d) TREATMENT OF CREDIT BETWEEN ‘‘(B) a copy of any written response of the (B) in many instances, may have addi- PROJECTS.—The value of any land, ease- Chief of Engineers on recommendations con- tional environmental benefits; and ments, rights-of-way, relocations, and tained in the report not later than 3 days (6) the development of non-Federal hydro- dredged material disposal areas and the costs after the date on which the response is deliv- electric power at Corps of Engineers civil of planning, design, and construction work ered to the Chief of Engineers. works projects could be promoted through— provided by the non-Federal interest that ex- ‘‘(3) INCLUSION IN PROJECT STUDY.—A report (A) clear and consistent lines of responsi- ceed the non-Federal cost share for a study, on a project study from a panel of experts bility and authority within and across Corps program, or project under this title may be under this section and the written response of Engineers districts and divisions on hy- applied toward the non-Federal cost share of the Chief of Engineers shall be included in droelectric power development activities; for any other study, program, or project car- the final decision document for the project (B) consistent and corresponding processes ried out under this title.’’. study.’’. for reviewing and approving hydroelectric (b) IMPLEMENTATION.—Not later than 90 (d) APPLICABILITY.—Section 2034(h)(2) of power development; and days after the date of enactment of this Act, the Water Resources Development Act of (C) developing a means by which non-Fed- the Secretary, in coordination with any rel- 2007 (33 U.S.C. 2343(h)(2)) is amended by strik- eral hydroelectric power developers and evant agencies of the State of Louisiana, ing ‘‘7 years’’ and inserting ‘‘12 years’’. stakeholders can resolve disputes with the shall establish a process by which to carry

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MY6.012 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3459 out the amendments made by subsection SEC. 2012. CREDIT FOR IN-KIND CONTRIBUTIONS. (A) in clause (i), by inserting ‘‘, and to (a)(3). (a) IN GENERAL.—Section 221(a)(4) of the water resources projects authorized prior to (c) EFFECTIVE DATE.—The amendments Flood Control Act of 1970 (42 U.S.C. 1962d– the date of enactment of the Water Re- made by subsection (a) take effect on No- 5b(a)(4)) is amended— sources Development Act of 1986 (Public Law vember 8, 2007. (1) in subparagraph (A), in the matter pre- 99–662), if correction of design deficiencies is SEC. 2011. TRANSFER OF EXCESS WORK-IN-KIND ceding clause (i) by inserting ‘‘or a project necessary’’ before the period at the end; and CREDIT. under an environmental infrastructure as- (B) by striking clause (ii) and inserting the (a) IN GENERAL.—Subject to subsection (b), sistance program’’ after ‘‘law’’; following: the Secretary may apply credit for in-kind (2) in subparagraph (C), by striking ‘‘In any ‘‘(ii) AUTHORIZATION IN ADDITION TO SPE- contributions provided by a non-Federal in- case’’ and all that follows through the period CIFIC CREDIT PROVISION.—In any case in which terest that is in excess of the required non- at the end and inserting the following: a specific provision of law authorizes credit Federal cost-share for a water resources ‘‘(i) CONSTRUCTION.— for in-kind contributions provided by a non- study or project toward the required non- ‘‘(I) IN GENERAL.—In any case in which the Federal interest before the date of execution Federal cost-share for a different water re- non-Federal interest is to receive credit of a partnership agreement, the Secretary sources study or project. may apply the authority provided in this (b) RESTRICTIONS.— under subparagraph (A) for the cost of construction carried out by the non-Federal in- paragraph to allow credit for in-kind con- (1) IN GENERAL.—Except for subsection tributions provided by the non-Federal inter- (a)(4)(D)(i) of that section, the requirements terest before execution of a partnership agreement and that construction has not est on or after the date of execution of the of section 221 of the Flood Control Act of 1970 partnership agreement.’’. (42 U.S.C. 1962d–5b) (as amended by section been carried out as of the date of enactment (b) APPLICABILITY.—Section 2003(e) of the 2012 of this Act) shall apply to any credit of this subparagraph, the Secretary and the non-Federal interest shall enter into an Water Resources Development Act of 2007 (42 under this section. U.S.C. 1962d–5b) is amended— (2) CONDITIONS.—Credit in excess of the agreement under which the non-Federal interest shall carry out such work prior to the (1) by inserting ‘‘, or construction of design non-Federal cost-share for a study or project deficiency corrections on the project,’’ after may be approved under this section only if— non-Federal interest initiating construction or issuing a written notice to proceed for the ‘‘construction on the project’’; and (A) the non-Federal interest submits a (2) by inserting ‘‘, or under which construc- comprehensive plan to the Secretary that construction. ‘‘(II) ELIGIBILITY.—Construction that is tion of the project has not been completed identifies— and the work to be performed by the non- (i) the studies and projects for which the carried out after the execution of an agreement to carry out work described in sub- Federal interests has not been carried out non-Federal interest intends to provide in- and is creditable only toward any remaining kind contributions for credit that is in ex- clause (I) and any design activities that are required for that construction, even if the non-Federal cost share,’’ after ‘‘has not been cess of the non-Federal cost share for the initiated’’. study or project; and design activity is carried out prior to the (c) EFFECTIVE DATE.—The amendments (ii) the studies and projects to which that execution of the agreement to carry out work, shall be eligible for credit. made by subsections (a) and (b) take effect excess credit would be applied; on November 8, 2007. (B) the Secretary approves the comprehen- ‘‘(ii) PLANNING.— (d) GUIDELINES.— sive plan; and ‘‘(I) IN GENERAL.—In any case in which the (1) IN GENERAL.—Not later than 1 year after (C) the total amount of credit does not ex- non-Federal interest is to receive credit under subparagraph (A) for the cost of plan- the date of enactment of this Act, the Sec- ceed the total non-Federal cost-share for the retary shall update any guidance or regula- studies and projects in the approved com- ning carried out by the non-Federal interest before execution of a feasibility cost sharing tions for carrying out section 221(a)(4) of the prehensive plan. Flood Control Act of 1970 (42 U.S.C. 1962d– (c) ADDITIONAL CRITERIA.—In evaluating a agreement, the Secretary and the non-Fed- 5b(a)(4)) (as amended by subsection (a)) that request to apply credit in excess of the non- eral interest shall enter into an agreement are in existence on the date of enactment of Federal cost-share for a study or project to- under which the non-Federal interest shall this Act or issue new guidelines, as deter- ward a different study or project, the Sec- carry out such work prior to the non-Federal mined to be appropriate by the Secretary. retary shall consider whether applying that interest initiating that planning. (2) INCLUSIONS.—Any guidance, regulations, credit will— ‘‘(II) ELIGIBILITY.—Planning that is carried or guidelines updated or issued under para- (1) help to expedite the completion of a out by the non-Federal interest after the graph (1) shall include, at a minimum— project or group of projects; execution of an agreement to carry out work (A) the milestone for executing an in-kind (2) reduce costs to the Federal Govern- described in subclause (I) shall be eligible for memorandum of understanding for construc- ment; and credit.’’; tion by a non-Federal interest; (3) aid the completion of a project that pro- (3) in subparagraph (D)(iii), by striking (B) criteria and procedures for evaluating a vides significant flood risk reduction or envi- ‘‘sections 101 and 103’’ and inserting ‘‘sec- request to execute an in-kind memorandum ronmental benefits. tions 101(a)(2) and 103(a)(1)(A) of the Water (d) TERMINATION OF AUTHORITY.—The au- Resources Development Act of 1986 (33 U.S.C. of understanding for construction by a non- thority provided in this section shall termi- 2211(a)(2); 33 U.S.C. 2213(a)(1)(A))’’; Federal interest that is earlier than the nate 10 years after the date of enactment of (4) by redesignating subparagraph (E) as milestone under subparagraph (A) for that this Act. subparagraph (H); execution; and (e) REPORT.— (5) by inserting after subparagraph (D) the (C) criteria and procedures for determining (1) DEADLINES.— following: whether work carried out by a non-Federal (A) IN GENERAL.—Not later than 2 years ‘‘(E) ANALYSIS OF COSTS AND BENEFITS.—In interest is integral to a project. after the date of enactment of this Act, and the evaluation of the costs and benefits of a (3) PUBLIC AND STAKEHOLDER PARTICIPA- once every 2 years thereafter, the Secretary project, the Secretary shall not consider con- TION.—Before issuing any new or revised shall submit to the Committee on Environ- struction carried out by a non-Federal inter- guidance, regulations, or guidelines or any ment and Public Works of the Senate and est under this subsection as part of the fu- subsequent updates to those documents, the the Committee on Transportation and Infra- ture without project condition. Secretary shall— structure of the House of Representatives an ‘‘(F) TRANSFER OF CREDIT BETWEEN SEPA- (A) consult with affected non-Federal in- interim report on the use of the authority RABLE ELEMENTS OF A PROJECT.—Credit for terests; under this section. in-kind contributions provided by a non-Fed- (B) publish the proposed guidelines devel- (B) FINAL REPORT.—Not later than 10 years eral interest that are in excess of the non- oped under this subsection in the Federal after the date of enactment of this Act, the Federal cost share for an authorized sepa- Register; and Secretary shall submit to the Committee on rable element of a project may be applied to- (C) provide the public with an opportunity Environment and Public Works of the Senate ward the non-Federal cost share for a dif- to comment on the proposed guidelines. and the Committee on Transportation and ferent authorized separable element of the (e) OTHER CREDIT.—Nothing in section Infrastructure of the House of Representa- same project. 221(a)(4) of the Flood Control Act of 1970 (42 tives a final report on the use of the author- ‘‘(G) APPLICATION OF CREDIT.—To the ex- U.S.C. 1962d–5b(a)(4)) (as amended by sub- ity under this section. tent that credit for in-kind contributions, as section (a)) affects any eligibility for credit (2) INCLUSIONS.—The reports described in limited by subparagraph (D), and credit for under section 104 of the Water Resources De- paragraph (1) shall include— required land, easements, rights-of-way, velopment of 1986 (33 U.S.C. 2214) that was (A) a description of the use of the author- dredged material disposal areas, and reloca- approved by the Secretary prior to the date ity under this section during the reporting tions provided by the non-Federal interest of enactment of this Act. period; exceed the non-Federal share of the cost of SEC. 2013. CREDIT IN LIEU OF REIMBURSEMENT. (B) an assessment of the impact of the au- construction of a project other than a navi- Section 211(e)(2) of the Water Resources thority under this section on the time re- gation project, the Secretary shall reimburse Development Act of 1996 (33 U.S.C. 701b– quired to complete projects; and the difference to the non-Federal interest, 13(e)(2)) is amended by adding at the end the (C) an assessment of the impact of the au- subject to the availability of funds.’’; and following: thority under this section on other water re- (6) in subparagraph (H) (as redesignated by ‘‘(C) STUDIES OR OTHER PROJECTS.—On the sources projects. paragraph (4))— request of a non-Federal interest, in lieu of

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reimbursing a non-Federal interest the (c) POLICIES, REGULATIONS, AND GUID- SEC. 2015. WATER SUPPLY. amount equal to the estimated Federal share ANCE.—The Secretary shall carry out a re- Section 301 of the Water Supply Act of 1958 of the cost of an authorized flood damage review of, and as necessary modify, the poli- (43 U.S.C. 390b) is amended by adding at the duction project or a separable element of an cies, regulations, and guidance of the Sec- end the following: authorized flood damage reduction project retary to carry out the activities described ‘‘(e) The Committees of jurisdiction are under this subsection that has been con- in subsection (b). very concerned about the operation of projects in the Apalachicola-Chattahoochee- structed by the non-Federal interest under (d) COORDINATION.— this section as of the date of enactment of Flint River System and the Alabama-Coosa- (1) IN GENERAL.—The Secretary shall— Tallapoosa River System, and further, the this Act, the Secretary may provide the non- (A) coordinate all planning and activities Federal interest with a credit in that Committees of jurisdiction recognize that carried out under this section with appro- this ongoing water resources dispute raises amount, which the non-Federal interest may priate Federal, State, and local agencies and apply to the share of the cost of the non-Fed- serious concerns related to the authority of those public and private entities that the the Secretary of the Army to allocate sub- eral interest of carrying out other flood dam- Secretary determines may be affected by age reduction projects or studies.’’. stantial storage at projects to provide local those plans or activities; and water supply pursuant to the Water Supply SEC. 2014. DAM OPTIMIZATION. (B) give priority to planning and activities Act of 1958 absent congressional approval. (a) DEFINITION OF OTHER RELATED PROJECT under this section if the Secretary deter- Interstate water disputes of this nature are BENEFITS.—In this section, the term ‘‘other mines that— more properly addressed through interstate related project benefits’’ includes— (i) the greatest opportunities exist for water agreements that take into consider- (1) environmental protection and restora- achieving the objectives of the program, as ation the concerns of all affected States in- tion, including restoration of water quality specified in subsection (b)(1), and cluding impacts to other authorized uses of and water flows, improving movement of fish (ii) the coordination activities under this the projects, water supply for communities and other aquatic species, and restoration of subsection indicate that there is support for and major cities in the region, water quality, floodplains, wetlands, and estuaries; carrying out those planning and activities. freshwater flows to communities, rivers, (2) increased water supply storage (except (2) NON-FEDERAL INTERESTS.—Prior to car- lakes, estuaries, and bays located down- for any project in the Apalachicola-Chat- rying out an activity under this section, the stream of projects, agricultural uses, eco- tahoochee-Flint River system and the Ala- Secretary shall consult with any applicable nomic development, and other appropriate bama-Coosa-Tallapoosa River system); non-Federal interest of the affected dam or concerns. To that end, the Committees of ju- (3) increased hydropower generation; related infrastructure. risdiction strongly urge the Governors of the (4) reduced flood risk; (e) REPORTS.— affected States to reach agreement on an (5) additional navigation; and (1) IN GENERAL.—Not later than 2 years interstate water compact as soon as possible, (6) improved recreation. after the date of enactment of this Act and and we pledge our commitment to work with (b) PROGRAM.— every 2 years thereafter, the Secretary shall the affected States to ensure prompt consid- (1) IN GENERAL.—The Secretary may carry submit to Congress a report describing the eration and approval of any such agreement. out activities— actions carried out under this section. Absent such action, the Committees of juris- (A) to improve the efficiency of the oper- (2) INCLUSIONS.—Each report under para- diction should consider appropriate legisla- ations and maintenance of dams and related graph (1) shall include— tion to address these matters including any infrastructure operated by the Corps of Engi- (A) a schedule for reviewing the operations necessary clarifications to the Water Supply neers; and of individual projects; and Act of 1958 or other law. This subsection does (B) to maximize, to the extent prac- (B) any recommendations of the Secretary not alter existing rights or obligations under ticable— on changes that the Secretary determines to law.’’. (i) authorized project purposes; and be necessary— SEC. 2016. REPORT ON WATER STORAGE PRICING (ii) other related project benefits. (i) to carry out existing project authoriza- FORMULAS. (2) ELIGIBLE ACTIVITIES.—An eligible activ- tions, including the deauthorization of any (a) FINDINGS.—Congress finds that— ity under this section is any activity that water resource project that the Secretary de- (1) due to the ongoing drought in many the Secretary would otherwise be authorized termines could more effectively be achieved parts of the United States, communities are to carry out that is designed to provide other through other means; looking for ways to enhance their water related project benefits in a manner that (ii) to improve the efficiency of water re- storage on Corps of Engineer reservoirs so as does not adversely impact the authorized source project operations; and to maintain a reliable supply of water into purposes of the project. (iii) to maximize authorized project pur- the foreseeable future; (3) IMPACT ON AUTHORIZED PURPOSES.—An poses and other related project benefits. (2) water storage pricing formulas should activity carried out under this section shall (3) UPDATED REPORT.— be equitable and not create disparities be- not adversely impact any of the authorized (A) IN GENERAL.—Not later than 2 years tween users; and purposes of the project. after the date of enactment of this Act, the (3) water pricing formulas should not be (4) EFFECT.— Secretary shall update the report entitled cost-prohibitive for communities. (A) EXISTING AGREEMENTS.—Nothing in this ‘‘Authorized and Operating Purposes of (b) ASSESSMENT.— section— Corps of Engineers Reservoirs’’ and dated (1) IN GENERAL.—Not later than 180 days (i) supersedes or modifies any written July 1992, which was produced pursuant to after the date of enactment of this Act, the agreement between the Federal Government section 311 of the Water Resources Develop- Comptroller General of the United States and a non-Federal interest that is in effect ment Act of 1990 (104 Stat. 4639). shall initiate an assessment of the water on the date of enactment of this Act; or (B) INCLUSIONS.—The updated report de- storage pricing formulas of the Corps of En- (ii) supersedes or authorizes any amend- scribed in subparagraph (A) shall include— gineers, which shall include an assessment ment to a multistate water-control plan, in- (i) the date on which the most recent re- of— cluding the Missouri River Master Water view of project operations was conducted and (A) existing water storage pricing formulas Control Manual (as in effect on the date of any recommendations of the Secretary relat- of the Corps of Engineers, in particular enactment of this Act). ing to that review the Secretary determines whether those formulas produce water stor- (B) WATER RIGHTS.—Nothing in this sec- to be significant; and age costs for some beneficiaries that are tion— (ii) the dates on which the recommenda- greatly disparate from the costs of other (i) affects any water right in existence on tions described in clause (i) were carried out. beneficiaries; and the date of enactment of this Act; (B) whether equitable water storage pric- (ii) preempts or affects any State water (f) FUNDING.— ing formulas could lessen the disparate im- law or interstate compact governing water; (1) IN GENERAL.—The Secretary may use to pact and produce more affordable water stor- or carry out this section amounts made avail- age for potential beneficiaries. able to the Secretary from— (iii) affects any authority of a State, as in (2) REPORT.—The Comptroller General of effect on the date of enactment of this Act, (A) the general purposes and expenses ac- the United States shall submit to Congress a to manage water resources within that count; report on the assessment carried out under State. (B) the operations and maintenance ac- paragraph (1). count; and (5) OTHER LAWS.— SEC. 2017. CLARIFICATION OF PREVIOUSLY AU- (A) IN GENERAL.—An activity carried out (C) any other amounts that are appro- THORIZED WORK. under this section shall comply with all priated to carry out this section. (a) IN GENERAL.—The Secretary may carry other applicable laws (including regula- (2) FUNDING FROM OTHER SOURCES.—The out measures to improve fish species habitat tions). Secretary may accept and expend amounts within the footprint and downstream of a (B) WATER SUPPLY.—Any activity carried from non-Federal entities and other Federal water resources project constructed by the out under this section that results in any agencies to carry out this section. Secretary that includes a fish hatchery if the modification to water supply storage alloca- (g) COOPERATIVE AGREEMENTS.—The Sec- Secretary— tions at a reservoir operated by the Sec- retary may enter into cooperative agree- (1) has been explicitly authorized to com- retary shall comply with section 301 of the ments with other Federal agencies and non- pensate for fish losses associated with the Water Supply Act of 1958 (43 U.S.C. 390b). Federal entities to carry out this section. project; and

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(2) determines that the measures are— relating to levee vegetation is appropriate (1) IN GENERAL.—As part of the review, the (A) feasible; for all regions of the United States. Secretary shall solicit and consider the (B) consistent with authorized project pur- (c) FACTORS.— views of the National Academy of Engineer- poses and the fish hatchery; and (1) IN GENERAL.—In carrying out the re- ing and the National Academy of Sciences on (C) in the public interest. view, the Secretary shall consider— the engineering, environmental, and institu- (b) COST SHARING.— (A) the varied interests and responsibilities tional considerations underlying the na- (1) IN GENERAL.—Subject to paragraph (2), in managing flood risks, including the need— tional guidelines, including the factors de- the non-Federal interest shall contribute 35 (i) to provide for levee safety with limited scribed in subsection (c) and any information percent of the total cost of carrying out ac- resources; and obtained by the Secretary under subsection tivities under this section, including the (ii) to ensure that levee safety investments (d). costs relating to the provision or acquisition minimize environmental impacts and pro- (2) AVAILABILITY OF VIEWS.—The views of of required land, easements, rights-of-way, vide corresponding public safety benefits; the National Academy of Engineering and dredged material disposal areas, and reloca- (B) the levee safety benefits that can be the National Academy of Sciences obtained tions. provided by woody vegetation; under paragraph (1) shall be— (2) OPERATION AND MAINTENANCE.—The non- (C) the preservation, protection, and en- (A) made available to the public; and Federal interest shall contribute 100 percent hancement of natural resources, including— (B) included in supporting materials issued of the costs of operation, maintenance, re- (i) the benefit of vegetation on levees in in connection with the revised national placement, repair, and rehabilitation of a providing habitat for endangered, threat- guidelines required under subsection (f). project constructed under this section. ened, and candidate species; and (f) REVISION OF NATIONAL GUIDELINES.— (c) AUTHORIZATION OF APPROPRIATIONS.— (ii) the impact of removing levee vegeta- (1) IN GENERAL.—Not later than 2 years For each fiscal year, there is authorized to tion on compliance with other regulatory re- after the date of enactment of this Act, the be appropriated to carry out this section quirements; Secretary shall— $30,000,000. (D) protecting the rights of Indian tribes (A) revise the national guidelines based on pursuant to treaties and statutes; SEC. 2018. CONSIDERATION OF FEDERAL LAND IN the results of the review, including— FEASIBILITY STUDIES. (E) the available science and the historical (i) recommendations received as part of At the request of the non-Federal interest, record regarding the link between vegetation the consultation described in subsection the Secretary shall include as part of a re- on levees and flood risk; (d)(1); and gional or watershed study any Federal land (F) the avoidance of actions requiring sig- (ii) the results of the peer review con- that is located within the geographic scope nificant economic costs and environmental ducted under subsection (e); and of that study. impacts; and (B) submit to Congress a report that con- (G) other factors relating to the factors de- tains a summary of the activities of the Sec- SEC. 2019. PLANNING ASSISTANCE TO STATES. scribed in subparagraphs (A) through (F) retary and a description of the findings of Section 22 of the Water Resources Develop- identified in public comments that the Sec- the Secretary under this section. ment Act of 1974 (42 U.S.C. 1962d–16) is retary determines to be appropriate. (2) CONTENT; INCORPORATION INTO MANUAL.— amended— (2) VARIANCE CONSIDERATIONS.— The revised national guidelines shall— (1) in subsection (a)— (A) IN GENERAL.—In carrying out the re- (A) provide a practical, flexible process for (A) in paragraph (1)— view, the Secretary shall specifically con- approving Statewide, tribal, regional, or wa- (i) by inserting ‘‘or other stakeholder sider whether the national guidelines can be tershed variances from the national guide- working with a State’’ after ‘‘cooperate with amended to promote and allow for consider- lines that— any State’’; and ation of variances from national guidelines (i) reflect due consideration of the factors (ii) by inserting ‘‘, including plans to com- on a Statewide, tribal, regional, or water- described in subsection (c); and prehensively address water resources chal- shed basis, including variances based on— (ii) incorporate State, tribal, and regional lenges,’’ after ‘‘of such State’’; and (i) soil conditions; vegetation management guidelines for spe- (B) in paragraph (2)(A), by striking ‘‘, at (ii) hydrologic factors; cific areas that have been adopted through a Federal expense,’’; (iii) vegetation patterns and characteris- formal public process; and (2) in subsection (b)— tics; (B) be incorporated into the manual pro- (A) in paragraph (1), by striking ‘‘sub- (iv) environmental resources, including en- posed under section 5(c) of the Act entitled section (a)(1)’’ each place it appears and in- dangered, threatened, or candidate species ‘‘An Act authorizing the construction of cer- serting ‘‘subsection (a)’’; and related regulatory requirements; tain public works on rivers and harbors for (B) by redesignating paragraphs (2) and (3) (v) levee performance history, including flood control, and for other purposes’’, ap- as paragraphs (3) and (4), respectively; and historical information on original construc- proved August 18, 1941 (33 U.S.C. 701n(c)). (C) by inserting after paragraph (1) the fol- tion and subsequent operation and mainte- (3) FAILURE TO MEET DEADLINES.—If the lowing: nance activities; Secretary fails to submit a report by the re- ‘‘(2) CONTRIBUTED FUNDS.—The Secretary (vi) any effects on water supply; quired deadline under this subsection, the may accept and expend funds in excess of the (vii) any scientific evidence on the link be- Secretary shall submit to the Committee on fees established under paragraph (1) that are tween levee vegetation and levee safety; Environment and Public Works of the Senate provided by a State or other non-Federal (viii) institutional considerations, includ- and the Committee on Transportation and public body for assistance under this sec- ing implementation challenges; Infrastructure of the House of Representa- tion.’’ ; and (ix) the availability of limited funds for tives a detailed explanation of— (3) in subsection (c)— levee construction and rehabilitation; (A) why the deadline was missed; (A) in paragraph (1)— (x) the economic and environmental costs (B) solutions needed to meet the deadline; (i) by striking ‘‘$10,000,000’’ and inserting of removing woody vegetation on levees; and and ‘‘$30,000,000’’; and (xi) other relevant factors identified in (C) a projected date for submission of the (ii) by striking ‘‘$2,000,000’’ and inserting public comments that the Secretary deter- report. ‘‘$5,000,000 in Federal funds’’; and mines to be appropriate. (g) CONTINUATION OF WORK.—Concurrent (B) in paragraph (2), by striking (B) SCOPE.—The scope of a variance ap- with the completion of the requirements of ‘‘$5,000,000’’ and inserting ‘‘$15,000,000’’. proved by the Secretary may include a com- this section, the Secretary shall proceed SEC. 2020. VEGETATION MANAGEMENT POLICY. plete exemption to national guidelines, as without interruption or delay with those on- (a) DEFINITION OF NATIONAL GUIDELINES.— the Secretary determines to be necessary. going or programmed projects and studies, or In this section, the term ‘‘national guide- (d) COOPERATION AND CONSULTATION; REC- elements of projects or studies, that are not lines’’ means the Corps of Engineers policy OMMENDATIONS.— directly related to vegetation variance pol- guidelines for management of vegetation on (1) IN GENERAL.—The Secretary shall carry icy. levees, including— out the review under this section in con- (h) INTERIM ACTIONS.— (1) Engineering Technical Letter 1110–2–571 sultation with other applicable Federal (1) IN GENERAL.—Until the date on which entitled ‘‘Guidelines for Landscape Planting agencies, representatives of State, regional, revisions to the national guidelines are and Vegetation Management at Levees, local, and tribal governments, appropriate adopted in accordance with subsection (f), Floodwalls, Embankment Dams, and Appur- nongovernmental organizations, and the the Secretary shall not require the removal tenant Structures’’ and adopted April 10, public. of existing vegetation as a condition or re- 2009; and (2) RECOMMENDATIONS.—The Chief of Engi- quirement for any approval or funding of a (2) the draft policy guidance letter entitled neers and any State, tribal, regional, or local project, or any other action, unless the spe- ‘‘Process for Requesting a Variance from entity may submit to the Secretary any rec- cific vegetation has been demonstrated to Vegetation Standards for Levees and ommendations for vegetation management present an unacceptable safety risk. Floodwalls’’ (77 Fed. Reg. 9637 (Feb. 17, 2012)). policies for levees that conform with Federal (2) REVISIONS.—Beginning on the date on (b) REVIEW.—Not later than 180 days after and State laws, including recommendations which the revisions to the national guide- the date of enactment of this Act, the Sec- relating to the review of national guidelines lines are adopted in accordance with sub- retary shall carry out a comprehensive re- under subsection (b) and the consideration of section (f), the Secretary shall consider, on view of the national guidelines in order to variances under subsection (c)(2). request of an affected entity, any previous determine whether current Federal policy (e) PEER REVIEW.— action of the Corps of Engineers in which the

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outcome was affected by the former national (c) OPERATIONS AND MAINTENANCE.—The (2) the appraisal of the needs of the United guidelines. non-Federal share of the cost of operations, States for dredging, including the need to in- SEC. 2021. LEVEE CERTIFICATIONS. maintenance, repair, replacement, and reha- crease the size of private and Corps of Engi- (a) IMPLEMENTATION OF FLOOD PROTECTION bilitation for a project carried out under this neers dredging fleets to meet demands for STRUCTURE ACCREDITATION TASK FORCE.—In section shall be 100 percent. additional construction or maintenance carrying out section 100226 of the Biggert- (d) ELIGIBILITY OF PROJECTS TRANSFERRED dredging needed as of the date of enactment Waters Flood Insurance Reform Act of 2012 TO NON-FEDERAL INTEREST.—The Secretary of this Act and in the subsequent 20 years; (42 U.S.C. 4101 note; 126 Stat. 942), the Sec- may carry out measures described in sub- (3) the identification of any impediments retary shall— section (a) on a water resources project, sep- to dredging, including any recommendations (1) ensure that at least 1 program activity arable element of a project, or functional of appropriate alternatives for responding to carried out under the inspection of com- component of a project that has been trans- those impediments; pleted works program of the Corps of Engi- ferred to the non-Federal interest. (4) the assessment, including any rec- neers provides adequate information to the (e) REPORT TO CONGRESS.—Not later than 8 ommendations of appropriate alternatives, Secretary to reach a levee accreditation de- years after the date of enactment of this of the adequacy and effectiveness of— cision for each requirement under section Act, the Secretary shall submit to the Com- (A) the economic, engineering, and envi- 65.10 of title 44, Code of Federal Regulations mittee on Environment and Public Works of ronmental methods, models, and analyses (or successor regulation); and the Senate and the Committee on Transpor- used by the Chief of Engineers and private (2) to the maximum extent practicable, tation and Infrastructure of the House of dredging operations for dredging; and carry out activities under the inspection of Representatives a report on the implementa- (B) the current cost structure of construc- completed works program of the Corps of En- tion of this section, including— tion contracts entered into by the Chief of gineers in alignment with the schedule es- (1) any recommendations relating to the Engineers; tablished for the national flood insurance continued need for the authority provided in (5) the evaluation of the efficiency and ef- program established under chapter 1 of the this section; fectiveness of past, current, and alternative National Flood Insurance Act of 1968 (42 (2) a description of the measures carried dredging practices and alternatives to dredg- U.S.C. 4011 et seq.). out under this section; ing, including agitation dredging; and (b) ACCELERATED LEVEE SYSTEM EVALUA- (3) any lessons learned relating to the (6) the identification of innovative tech- TIONS AND CERTIFICATIONS.— measures implemented under this section; niques and cost-effective methods to expand (1) IN GENERAL.—On receipt of a request and regional sediment management efforts, in- from a non-Federal interest, the Secretary (4) best practices for carrying out measures cluding the placement of dredged sediment may carry out a levee system evaluation and to restore flood and hurricane and storm within river diversions to accelerate the cre- certification of a federally authorized levee damage reduction projects. ation of wetlands. (f) TERMINATION OF AUTHORITY.—The au- for purposes of the national flood insurance (c) STUDY TEAM.— thority to carry out a measure under this program established under chapter 1 of the (1) IN GENERAL.—The Secretary shall estab- National Flood Insurance Act of 1968 (42 section terminates on the date that is 10 lish a study team to assist the Secretary in U.S.C. 4011 et seq.) if the evaluation and cer- years after the date of enactment of this planning, carrying out, and reporting on the tification will be carried out earlier than Act. results of the study under this section. (g) AUTHORIZATION OF APPROPRIATIONS.— such an evaluation and certification would (2) STUDY TEAM.—The study team estab- There is authorized to be appropriated to the be carried out under subsection (a). lished pursuant to paragraph (1) shall— Secretary to carry out this section (2) REQUIREMENTS.—A levee system evalua- (A) be appointed by the Secretary; and $250,000,000. tion and certification under paragraph (1) (B) represent a broad spectrum of experts shall— SEC. 2023. OPERATION AND MAINTENANCE OF in the field of dredging and representatives CERTAIN PROJECTS. (A) at a minimum, comply with section The Secretary may assume operation and of relevant State agencies and relevant non- 65.10 of title 44, Code of Federal Regulations maintenance activities for a navigation Federal interests. (as in effect on the date of enactment of this (d) PUBLIC COMMENT PERIOD.—The Sec- channel that is deepened by a non-Federal Act); and retary shall— interest prior to December 31, 2012, if— (B) be carried out in accordance with such (1) make available to the public, including (1) the Secretary determines that the re- procedures as the Secretary, in consultation on the Internet, all draft and final study quirements under paragraphs (2) and (3) of with the Director of the Federal Emergency findings under this section; and section 204(f) of the Water Resources Devel- Management Agency, may establish. (2) allow for a public comment period of opment Act of 1986 (33 U.S.C. 2232(f)) are met; (3) COST SHARING.— not less than 30 days on any draft study find- (2) the Secretary determines that the ac- (A) NON-FEDERAL SHARE.—Subject to sub- ings prior to issuing final study findings. tivities carried out by the non-Federal inter- paragraph (B), the non-Federal share of the (e) REPORT TO CONGRESS.—Not later than 2 est in deepening the navigation channel are cost of carrying out a levee system evalua- years after the date of enactment of this economically justified and environmentally tion and certification under this subsection Act, and subject to available appropriations, acceptable; and shall be 35 percent. the Secretary, in consultation with the (3) the deepening activities have been car- (B) ADJUSTMENT.—The Secretary shall ad- study team established under subsection (c), ried out on a Federal navigation channel just the non-Federal share of the cost of car- shall submit a detailed report on the results that— rying out a levee system evaluation and cer- of the study to the Committee on Environ- (A) exists as of the date of enactment of tification under this subsection in accord- ment and Public Works of the Senate and this Act; and ance with section 103(m) of the Water Re- the Committee on Transportation and Infra- (B) has been authorized by Congress. sources Development Act of 1986 (33 U.S.C. structure of the House of Representatives. 2213(m)). SEC. 2024. DREDGING STUDY. (f) FAILURE TO MEET DEADLINES.—If the (a) IN GENERAL.—The Secretary, in con- (4) APPLICATION.—Nothing in this sub- Secretary does not complete the study under junction with other relevant Federal agen- section affects the requirement under sec- this section and submit a report to Congress cies and applicable non-Federal interests, tion 100226(b)(2) of the Biggert-Waters Flood under subsection (e) on or before the dead- shall carry out a study— Insurance Reform Act of 2012 (42 U.S.C. 4101 line described in that subsection, the Sec- (1) to compare domestic and international note; 126 Stat. 942). retary shall notify Congress and describe dredging markets, including costs, tech- why the study was not completed. SEC. 2022. RESTORATION OF FLOOD AND HURRI- CANE STORM DAMAGE REDUCTION nologies, and management approaches used SEC. 2025. NON-FEDERAL PROJECT IMPLEMENTA- PROJECTS. in each respective market, and determine TION PILOT PROGRAM. (a) IN GENERAL.—The Secretary shall carry the impacts of those markets on dredging (a) IN GENERAL.—Not later than 180 days out any measures necessary to repair or re- needs and practices in the United States; after the date of enactment of this Act, the store federally authorized flood and hurri- (2) to analyze past and existing practices, Secretary shall establish and implement a cane and storm damage reduction projects technologies, and management approaches pilot program to evaluate the cost-effective- constructed by the Corps of Engineers to au- used in dredging in the United States; and ness and project delivery efficiency of allow- thorized levels (as of the date of enactment (3) to develop recommendations relating to ing non-Federal interests to carry out flood of this Act) of protection for reasons includ- the best techniques, practices, and manage- risk management, hurricane and storm dam- ing settlement, subsidence, sea level rise, ment approaches for dredging in the United age reduction, coastal harbor and channel in- and new datum, if the Secretary determines States. land navigation, and aquatic ecosystem res- the necessary work is technically feasible, (b) PURPOSES.—The purposes of the study toration projects. environmentally acceptable, and economi- under this section are— (b) PURPOSES.—The purposes of the pilot cally justified. (1) the identification of the best tech- program are— (b) COST SHARE.—The non-Federal share of niques, methods, and technologies for dredg- (1) to identify project delivery and cost- the cost of construction of a project carried ing, including the evaluation of the feasi- saving alternatives that reduce the backlog out under this section shall be determined as bility, cost, and benefits of— of authorized Corps of Engineers projects; provided in subsections (a) through (d) of (A) new dredging technologies; and (2) to evaluate the technical, financial, and section 103 of the Water Resources Develop- (B) improved dredging practices and tech- organizational efficiencies of a non-Federal ment Act of 1986 (33 U.S.C. 2213). niques; interest carrying out the design, execution,

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Federal interest, the Secretary may enter and channels, inland navigation, and aquatic (d) COST-SHARE.—Nothing in this section into an agreement with the non-Federal in- ecosystem restoration that have been au- affects the cost-sharing requirement applica- terest for the non-Federal interest to provide thorized for construction prior to the date of ble on the day before the date of enactment full project management control of a feasi- enactment of this Act, including— of this Act to a project carried out under bility study for a project for— (i) not more than 12 projects that— this section. (A) flood risk management; (I)(aa) have received Federal funds prior to (B) hurricane and storm damage reduction, (e) REPORT.— the date of enactment of this Act; or including levees, floodwalls, flood control (1) IN GENERAL.—Not later than 3 years (bb) for more than 2 consecutive fiscal after the date of enactment of this Act, the channels, and water control structures; years, have an unobligated funding balance Secretary shall submit to the Committee on (C) coastal harbor and channel and inland for that project in the Corps of Engineers Environment and Public Works of the Senate navigation; and construction account; and and the Committee on Transportation and (D) aquatic ecosystem restoration. (II) to the maximum extent practicable, (2) USE OF NON-FEDERAL-FUNDS.— Infrastructure of the House of Representa- are located in each of the divisions of the (A) IN GENERAL.—A non-Federal interest tives a report detailing the results of the Corps of Engineers; and that has entered into an agreement with the pilot program carried out under this section, (ii) not more than 3 projects that have not Secretary pursuant to paragraph (1) may use including— received Federal funds in the period begin- non-Federal funds to carry out the feasi- (A) a description of the progress of non- ning on the date on which the project was bility study. Federal interests in meeting milestones in authorized and ending on the date of enact- (B) CREDIT.—The Secretary shall credit to- detailed project schedules developed pursu- ment of this Act; wards the non-Federal share of the cost of ant to subsection (c)(2); and (B) notify the Committee on Environment construction of a project for which a feasi- (B) any recommendations of the Secretary and Public Works of the Senate and the bility study is carried out under this section Committee on Transportation and Infra- concerning whether the program or any com- an amount equal to the portion of the cost of structure of the House of Representatives on ponent of the program should be imple- developing the study that would have been the identification of each project under the mented on a national basis. the responsibility of the Secretary, if the pilot program; (2) UPDATE.—Not later than 5 years after study were carried out by the Secretary, sub- (C) in collaboration with the non-Federal the date of enactment of this Act, the Sec- ject to the conditions that— interest, develop a detailed project manage- retary shall submit to the Committee on En- (i) non-Federal funds were used to carry ment plan for each identified project that vironment and Public Works of the Senate out the activities that would have been the outlines the scope, budget, design, and con- and the Committee on Transportation and responsibility of the Secretary; struction resource requirements necessary Infrastructure of the House of Representa- (ii) the Secretary determines that the fea- for the non-Federal interest to execute the tives an update of the report described in sibility study complies with all applicable project, or a separable element of the paragraph (1). Federal laws and regulations; and project; (3) FAILURE TO MEET DEADLINE.—If the Sec- (iii) the project is authorized by any provi- (D) on the request of the non-Federal inter- retary fails to submit a report by the re- sion of Federal law enacted after the date on est, enter into a project partnership agree- quired deadline under this subsection, the which an agreement is entered into under ment with the non-Federal interest for the Secretary shall submit to the Committee on paragraph (1). non-Federal interest to provide full project Environment and Public Works of the Senate (3) TRANSFER OF FUNDS.— management control for construction of the and the Committee on Transportation Infra- (A) IN GENERAL.—After the date on which project, or a separable element of the structure of the House of Representatives a an agreement is executed pursuant to para- project, in accordance with plans approved detailed explanation of why the deadline was graph (1), the Secretary may transfer to the by the Secretary; missed and a projected date for submission of non-Federal interest to carry out the feasi- (E) following execution of the project part- the report. bility study— nership agreement, transfer to the non-Fed- (f) ADMINISTRATION.—All laws and regula- (i) if applicable, the balance of any unobli- eral interest to carry out construction of the tions that would apply to the Secretary if gated amounts appropriated for the study, project, or a separable element of the the Secretary were carrying out the project except that the Secretary shall retain suffi- project— shall apply to a non-Federal interest car- cient amounts for the Corps of Engineers to (i) if applicable, the balance of the unobli- rying out a project under this section. carry out any responsibilities of the Corps of gated amounts appropriated for the project, (g) TERMINATION OF AUTHORITY.—The au- Engineers relating to the project and pilot except that the Secretary shall retain suffi- thority to commence a project under this program; and cient amounts for the Corps of Engineers to section terminates on the date that is 5 (ii) additional amounts, as determined by carry out any responsibilities of the Corps of years after the date of enactment of this the Secretary, from amounts made available Engineers relating to the project and pilot Act. under subsection (h), except that the total program; and (h) AUTHORIZATION OF APPROPRIATIONS.—In amount transferred to the non-Federal inter- (ii) additional amounts, as determined by addition to any amounts appropriated for a est shall not exceed the updated estimate of the Secretary, from amounts made available specific project, there is authorized to be ap- the Federal share of the cost of the feasi- under subsection (h), except that the total propriated to the Secretary to carry out the bility study. amount transferred to the non-Federal inter- pilot program under this section, including (B) ADMINISTRATION.—The Secretary shall est shall not exceed the updated estimate of the costs of administration of the Secretary, include such provisions as the Secretary de- the Federal share of the cost of construction, $25,000,000 for each of fiscal years 2014 termines to be necessary in an agreement including any required design; and through 2018. under paragraph (1) to ensure that a non- (F) regularly monitor and audit each SEC. 2026. NON-FEDERAL IMPLEMENTATION OF Federal interest receiving Federal funds project being constructed by a non-Federal FEASIBILITY STUDIES. under this paragraph— interest under this section to ensure that the (a) IN GENERAL.—Not later than 180 days (i) has the necessary qualifications to ad- construction activities are carried out in after the date of enactment of this Act, the minister those funds; and compliance with the plans approved by the Secretary shall establish and implement a (ii) will comply with all applicable Federal Secretary and that the construction costs pilot program to evaluate the cost-effective- laws (including regulations) relating to the are reasonable. ness and project delivery efficiency of allow- use of those funds. (2) DETAILED PROJECT SCHEDULE.—Not later ing non-Federal interests to carry out feasi- (4) NOTIFICATION.—The Secretary shall no- than 180 days after entering into an agree- bility studies for flood risk management, tify the Committee on Environment and ment under paragraph (1)(D), each non-Fed- hurricane and storm damage reduction, Public Works of the Senate and the Com- eral interest, to the maximum extent prac- aquatic ecosystem restoration, and coastal mittee on Transportation and Infrastructure ticable, shall submit to the Secretary a de- harbor and channel and inland navigation. of the House of Representatives on the initi- tailed project schedule, based on estimated (b) PURPOSES.—The purposes of the pilot ation of each feasibility study under the funding levels, that lists all deadlines for program are— pilot program.

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(5) AUDITING.—The Secretary shall regu- (1) in subsection (d)(1)(B)— ‘‘(B) INCLUSION IN REPORT TO CONGRESS.— larly monitor and audit each feasibility (A) by striking ‘‘The ability’’ and inserting The Secretary shall submit to Congress the study carried out by a non-Federal interest the following: plan described in subparagraph (A) with the under this section to ensure that the use of ‘‘(i) IN GENERAL.—The ability’’; and recommendations submitted in paragraph any funds transferred under paragraph (3) (B) by adding at the end the following: (1)(B). are used in compliance with the agreement ‘‘(ii) DETERMINATION.—Not later than 180 ‘‘(3) REVIEW COMMENCED WITHIN 2 YEARS OF signed under paragraph (1). days after the date of enactment of the EXPIRATION OF 50-YEAR PERIOD.— (6) TECHNICAL ASSISTANCE.—On the request Water Resources Development Act of 2013, ‘‘(A) IN GENERAL.—If the Secretary of the of a non-Federal interest, the Secretary may the Secretary shall issue guidance on the Army commences a review under paragraph provide technical assistance to the non-Fed- procedures described in clause (i).’’; and (1) not earlier than the period beginning on eral interest relating to any aspect of the (2) in subsection (e), by striking ‘‘2012’’ and the date that is 2 years before the date on feasibility study, if the non-Federal interest inserting ‘‘2023’’. which the 50-year period referred to in sub- contracts with the Secretary for the tech- SEC. 2028. COOPERATIVE AGREEMENTS WITH CO- section (a)(1) expires and ending on the date nical assistance and compensates the Sec- LUMBIA RIVER BASIN INDIAN on which the 50-year period expires, the retary for the technical assistance. TRIBES. project shall remain authorized after the ex- (7) DETAILED PROJECT SCHEDULE.—Not later The Secretary may enter into a coopera- piration of the 50-year period until the ear- than 180 days after entering into an agree- tive agreement with 1 or more federally rec- lier of— ment under paragraph (1), each non-Federal ognized Indian tribes (or a designated rep- ‘‘(i) 3 years after the expiration of the 50- interest, to the maximum extent prac- resentative of the Indian tribes) that are lo- year period; or ticable, shall submit to the Secretary a de- cated, in whole or in part, within the bound- ‘‘(ii) the date on which a determination is tailed project schedule, based on full funding aries of the Columbia River Basin to carry made as to whether to extend Federal par- capability, that lists all deadlines for mile- out authorized activities within the Colum- ticipation in the project in accordance with stones relating to the feasibility study. bia River Basin to protect fish, wildlife, paragraph (1). (d) COST-SHARE.—Nothing in this section water quality, and cultural resources. ‘‘(B) CALCULATION OF TIME PERIOD FOR EX- affects the cost-sharing requirement applica- SEC. 2029. MILITARY MUNITIONS RESPONSE AC- TENSION.—Notwithstanding clauses (i) and ble on the day before the date of enactment TIONS AT CIVIL WORKS SHORELINE (ii) of subparagraph (A) and after a review PROTECTION PROJECTS. of this Act to a feasibility study carried out under subparagraph (A) is completed, if a de- (a) IN GENERAL.—The Secretary may im- under this section. termination is made to extend Federal par- plement any response action the Secretary (e) REPORT.— ticipation in the project in accordance with determines to be necessary at a site where— (1) IN GENERAL.—Not later than 2 years paragraph (1) for a period not to exceed 15 (1) the Secretary has carried out a project after the date of enactment of this Act, the years, that period shall begin on the date on under civil works authority of the Secretary Secretary shall submit to the Committee on which the determination is made.’’. that includes placing sand on a beach; Environment and Public Works of the Senate (2) as a result of the project described in SEC. 2031. REGIONAL SEDIMENT MANAGEMENT. and the Committee on Transportation and paragraph (1), military munitions that were Section 204 of the Water Resources Devel- Infrastructure of the House of Representa- originally released as a result of Department opment Act of 1992 (33 U.S.C. 2326) (as amend- tives a report detailing the results of the of Defense activities are deposited on the ed by section 2003(c)) is amended— pilot program carried out under this section, beach, posing a threat to human health or (1) in subsection (a)— including— the environment. (A) in paragraph (1), by inserting ‘‘or used (A) a description of the progress of the (b) RESPONSE ACTION FUNDING.—A response in’’ after ‘‘obtained through’’; and non-Federal interests in meeting milestones action described in subsection (a) shall be (B) in paragraph (3)(C), by inserting ‘‘for in detailed project schedules developed pur- funded from amounts made available to the the purposes of improving environmental suant to subsection (c)(7); and agency within the Department of Defense re- conditions in marsh and littoral systems, (B) any recommendations of the Secretary sponsible for the original release of the mu- stabilizing stream channels, enhancing concerning whether the program or any com- nitions. shorelines, and supporting State and local ponent of the program should be imple- SEC. 2030. BEACH NOURISHMENT. risk management adaptation strategies’’ be- mented on a national basis. Section 156 of the Water Resources Devel- fore the period at the end; (2) UPDATE.—Not later than 5 years after opment Act of 1976 (42 U.S.C. 1962d–5f) is (2) in subsection (c)(1)(B)— the date of enactment of this Act, the Sec- amended to read as follows: (A) in clause (i), by striking ‘‘clause (ii)’’ retary shall submit to the Committee on En- ‘‘SEC. 156. BEACH NOURISHMENT. and inserting ‘‘clauses (ii) and (iii)’’; vironment and Public Works of the Senate ‘‘(a) IN GENERAL.—Subject to subsection (B) by redesignating clause (ii) as clause and the Committee on Transportation and (b)(2)(A), the Secretary of the Army, acting (iii); and Infrastructure of the House of Representa- through the Chief of Engineers, may provide (C) by inserting after clause (i) the fol- tives an update of the report described in periodic beach nourishment for each water lowing: paragraph (1). resources development project for which that ‘‘(ii) REDUCTION IN NON-FEDERAL SHARE.— (3) FAILURE TO MEET DEADLINE.—If the Sec- nourishment has been authorized for an addi- The Secretary may reduce the non-Federal retary fails to submit a report by the re- tional period of time, as determined by the share of the costs of construction of a quired deadline under this subsection, the Secretary, subject to the condition that the project if the Secretary determines that, Secretary shall submit to the Committee on additional period shall not exceed the later through the beneficial use of sediment at an- Environment and Public Works of the Senate of— other Federal project, there will be an asso- and the Committee on Transportation Infra- ‘‘(1) 50 years after the date on which the ciated reduction or avoidance of Federal structure of the House of Representatives a construction of the project is initiated; or costs.’’; detailed explanation of why the deadline was ‘‘(2) the date on which the last estimated (3) in subsection (d)— missed and a projected date for submission of periodic nourishment for the project is to be (A) by striking the subsection designation the report. carried out, as recommended in the applica- and heading and inserting the following: (f) ADMINISTRATION.—All laws and regula- ble report of the Chief of Engineers. ‘‘(d) SELECTION OF DREDGED MATERIAL DIS- tions that would apply to the Secretary if ‘‘(b) EXTENSION.— POSAL METHOD FOR PURPOSES RELATED TO the Secretary were carrying out the feasi- ‘‘(1) IN GENERAL.—Except as provided in ENVIRONMENTAL RESTORATION OR STORM bility study shall apply to a non-Federal in- paragraph (3), before the date on which the DAMAGE AND FLOOD REDUCTION.—’’; and terest carrying out a feasibility study under 50-year period referred to in subsection (a)(1) (B) in paragraph (1), by striking ‘‘in rela- this section. expires, the Secretary of the Army, acting tion to’’ and all that follows through the pe- (g) TERMINATION OF AUTHORITY.—The au- through the Chief of Engineers— riod at the end and inserting ‘‘in relation thority to commence a feasibility study ‘‘(A) may, at the request of the non-Fed- to— under this section terminates on the date eral interest and subject to the availability ‘‘(A) the environmental benefits, including that is 5 years after the date of enactment of of appropriations, carry out a review of a the benefits to the aquatic environment to this Act. nourishment project carried out under sub- be derived from the creation of wetlands and (h) AUTHORIZATION OF APPROPRIATIONS.—In section (a) to evaluate the feasibility of con- control of shoreline erosion; or addition to any amounts appropriated for a tinuing Federal participation in the project ‘‘(B) the flood and storm damage and flood specific project, there is authorized to be ap- for a period not to exceed 15 years; and reduction benefits, including shoreline pro- propriated to the Secretary to carry out the ‘‘(B) shall submit to Congress any rec- tection, protection against loss of life, and pilot program under this section, including ommendations of the Secretary relating to damage to improved property.’’; and the costs of administration of the Secretary, the review. (4) in subsection (e), by striking paragraph $25,000,000 for each of fiscal years 2014 ‘‘(2) PLAN FOR REDUCING RISK TO PEOPLE (1) and inserting the following: through 2018. AND PROPERTY.— ‘‘(1) cooperate with any State or group of SEC. 2027. TRIBAL PARTNERSHIP PROGRAM. ‘‘(A) IN GENERAL.—The non-Federal inter- States in the preparation of a comprehensive Section 203 of the Water Resources Devel- est shall submit to the Secretary a plan for State or regional sediment management plan opment Act of 2000 (33 U.S.C. 2269) is amend- reducing the risk to people and property dur- within the boundaries of the State or among ed— ing the life of the project. States;’’.

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SEC. 2032. STUDY ACCELERATION. ‘‘(2) ENVIRONMENTAL REVIEW PROCESS.— plement this section for the planning of (a) FINDINGS.—Congress finds that— ‘‘(A) IN GENERAL.—The term ‘environ- water resource projects, in accordance with (1) delays in the completion of feasibility mental review process’ means the process of the civil works program of the Corps of Engi- studies— preparing an environmental impact state- neers and all applicable law. (A) increase costs for the Federal Govern- ment, environmental assessment, categor- ‘‘(d) WATER RESOURCE PROJECT REVIEW ment as well as State and local governments; ical exclusion, or other document under the PROCESS.— and National Environmental Policy Act of 1969 ‘‘(1) IN GENERAL.—The Secretary shall de- (B) delay the implementation of water re- (42 U.S.C. 4321 et seq.) for a water resource velop and implement a coordinated review sources projects that provide critical bene- project. process for the development of water re- fits, including reducing flood risk, maintain- ‘‘(B) INCLUSIONS.—The term ‘environ- source projects. ing commercially important flood risk, and mental review process’ includes the process ‘‘(2) COORDINATED REVIEW.—The coordi- restoring vital ecosystems; and for and completion of any environmental nated review process described in paragraph (2) the efforts undertaken by the Corps of permit, approval, review, or study required (1) shall require that any analysis, opinion, Engineers through the establishment of the for a water resource project under any Fed- permit, license, statement, and approval ‘‘3–3–3’’ planning process should be contin- eral law other than the National Environ- issued or made by a Federal, State, or local ued. mental Policy Act of 1969 (42 U.S.C. 4321 et governmental agency or an Indian tribe for (b) ACCELERATION OF STUDIES.— seq.). the planning of a water resource project de- (1) IN GENERAL.—Subject to paragraphs (2) ‘‘(3) FEDERAL JURISDICTIONAL AGENCY.—The scribed in subsection (b) be conducted, to the and (3), a feasibility study initiated after the term ‘Federal jurisdictional agency’ means a maximum extent practicable, concurrently date of enactment of this Act shall— Federal agency with jurisdiction delegated with any other applicable governmental (A) be completed not later than 3 years by law, regulation, order, or otherwise over agency or Indian tribe. after the date of initiation of the study; and an approval or decision required for a water ‘‘(3) TIMING.—The coordinated review proc- (B) have a maximum Federal cost share of resource project under applicable Federal ess under this subsection shall be completed $3,000,000. laws (including regulations). not later than the date on which the Sec- (2) ABILITY TO COMPLY.—On initiating a ‘‘(4) LEAD AGENCY.—The term ‘lead agency’ retary, in consultation and concurrence with feasibility study under paragraph (1), the means the Corps of Engineers and, if applica- the agencies identified under subsection (e), Secretary shall— ble, any State, local, or tribal governmental establishes with respect to the water re- (A) certify that the study will comply with entity serving as a joint lead agency pursu- source project. the requirements of paragraph (1); ant to section 1506.3 of title 40, Code of Fed- ‘‘(e) IDENTIFICATION OF JURISDICTIONAL (B) for projects the Secretary determines eral Regulations (or a successor regulation). AGENCIES.—With respect to the development to be too complex to comply with the re- ‘‘(5) WATER RESOURCE PROJECT.—The term of each water resource project, the Secretary quirements of paragraph (1)— ‘water resource project’ means a Corps of En- shall identify, as soon as practicable, all (i) not less than 30 days after making a de- gineers water resource project. Federal, State, and local government agen- termination, notify the non-Federal interest ‘‘(b) POLICY.—The benefits of water re- cies and Indian tribes that may— regarding the inability to comply; and source projects designed and carried out in ‘‘(1) have jurisdiction over the water re- (ii) provide a new projected timeline and an economically and environmentally sound source project; cost; and manner are important to the economy and ‘‘(2) be required by law to conduct or issue (C) if the study conditions have changed environment of the United States, and rec- a review, analysis, or opinion for the water such that scheduled timelines or study costs ommendations to Congress regarding those resource project; or will not be met— projects should be developed using coordi- ‘‘(3) be required to make a determination (i) not later than 30 days after the study nated and efficient review and cooperative on issuing a permit, license, or approval for conditions change, notify the non-Federal in- efforts to prevent or quickly resolve disputes the water resource project. terest of those changed conditions; and during the planning of those water resource ‘‘(f) STATE AUTHORITY.—If the coordinated (ii) present the non-Federal interest with a projects. review process is being implemented under new timeline for completion and new pro- ‘‘(c) APPLICABILITY.— this section by the Secretary with respect to jected study costs. ‘‘(1) IN GENERAL.—The project planning the planning of a water resource project de- (3) APPROPRIATIONS.— procedures under this section apply to pro- scribed in subsection (c) within the bound- (A) IN GENERAL.—All timeline and cost con- posed projects initiated after the date of en- aries of a State, the State, consistent with ditions under this section shall be subject to actment of the Water Resources Develop- State law, may choose to participate in the the Secretary receiving adequate appropria- ment Act of 2013 and for which the Secretary process and to make subject to the process tions for meeting study timeline and cost re- determines that— all State agencies that— quirements. ‘‘(A) an environmental impact statement is ‘‘(1) have jurisdiction over the water re- (B) NOTIFICATION.—Not later than 60 days required; or source project; after receiving appropriations, the Secretary ‘‘(B) at the discretion of the Secretary, ‘‘(2) are required to conduct or issue a re- shall notify the non-Federal interest of any other water resource projects for which an view, analysis, or opinion for the water re- changes to timelines or costs due to inad- environmental review process document is source project; or equate appropriations. required to be prepared. ‘‘(3) are required to make a determination (c) REPORT.—Not later than 18 months ‘‘(2) FLEXIBILITY.—Any authorities granted on issuing a permit, license, or approval for after the date of enactment of this Act and in this section may be exercised, and any re- the water resource project. each year thereafter, the Secretary shall quirements established under this section ‘‘(g) LEAD AGENCIES.— submit to the Committee on Environment may be satisfied, for the planning of a water ‘‘(1) FEDERAL LEAD AGENCY.—Subject to and Public Works of the Senate and the resource project, a class of those projects, or paragraph (2), the Corps of Engineers shall be Committee on Transportation and Infra- a program of those projects. the lead Federal agency in the environ- structure of the House of Representatives a ‘‘(3) LIST OF WATER RESOURCES DEVELOP- mental review process for a water resource report that describes— MENT PROJECTS.— project. (1) the status of the implementation of the ‘‘(A) IN GENERAL.—The Secretary shall an- ‘‘(2) JOINT LEAD AGENCIES.— ‘‘3–3–3’’ planning process, including the num- nually prepare, and make publicly available, ‘‘(A) IN GENERAL.—At the discretion of the ber of participating projects; a separate list of each study that the Sec- Secretary and subject to any applicable reg- (2) the amount of time taken to complete retary has determined— ulations under the National Environmental all studies participating in the ‘‘3–3–3’’ plan- ‘‘(i) meets the standards described in para- Policy Act of 1969 (42 U.S.C. 4321 et seq.), in- ning process; and graph (1); and cluding the concurrence of the proposed joint (3) any recommendations for additional au- ‘‘(ii) does not have adequate funding to lead agency, an agency other than the Corps thority necessary to support efforts to expe- make substantial progress toward the com- of Engineers may serve as the joint lead dite the feasibility study process for water pletion of the planning activities for the agency. resource projects. water resource project. ‘‘(B) NON-FEDERAL INTEREST AS JOINT LEAD SEC. 2033. PROJECT ACCELERATION. ‘‘(B) INCLUSIONS.—The Secretary shall in- AGENCY.—A non-Federal interest that is a Section 2045 of the Water Resources Devel- clude for each study on the list under sub- State or local governmental entity— opment Act of 2007 (33 U.S.C. 2348) is amend- paragraph (A) a description of the estimated ‘‘(i) may, with the concurrence of the Sec- ed to read as follows: amounts necessary to make substantial retary, serve as a joint lead agency with the ‘‘SEC. 2045. PROJECT ACCELERATION. progress on the study. Corps of Engineers for purposes of preparing ‘‘(a) DEFINITIONS.—In this section: ‘‘(4) IMPLEMENTATION GUIDANCE.—The Sec- any environmental document under the Na- ‘‘(1) ENVIRONMENTAL IMPACT STATEMENT.— retary shall prepare, in consultation with tional Environmental Policy Act of 1969 (42 The term ‘environmental impact statement’ the Council on Environmental Quality and U.S.C. 4321 et seq.); and means the detailed statement of environ- other Federal agencies with jurisdiction over ‘‘(ii) may prepare any environmental re- mental impacts of water resource projects actions or resources that may be impacted view process document under the National required to be prepared pursuant to the Na- by a water resource project, guidance docu- Environmental Policy Act of 1969 (42 U.S.C. tional Environmental Policy Act of 1969 (42 ments that describe the coordinated review 4321 et seq.) required in support of any action U.S.C. 4321 et seq.). processes that the Secretary will use to im- or approval by the Secretary if—

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‘‘(I) the Secretary provides guidance in the ‘‘(2) FEDERAL COOPERATING AGENCIES.—Any ‘‘(iii) describe— preparation process and independently eval- Federal agency that is invited by the lead ‘‘(I) the relationship between pro- uates that document agency to participate in the environmental grammatic analysis and future tiered anal- ‘‘(II) the non-Federal interest complies review process for a water resource project ysis; and with all requirements applicable to the Sec- shall be designated as a cooperating agency ‘‘(II) the role of the public in the creation retary under— by the lead agency unless the invited agency of future tiered analysis; and ‘‘(aa) the National Environmental Policy informs the lead agency, in writing, by the ‘‘(iv) are available to other relevant Fed- Act of 1969 (42 U.S.C. 4321 et seq.); deadline specified in the invitation that the eral and State agencies, Indian tribes, and ‘‘(bb) any regulation implementing that invited agency— the public; Act; and ‘‘(A)(i) has no jurisdiction or authority ‘‘(D) allow not fewer than 60 days of public ‘‘(cc) any other applicable Federal law; and with respect to the water resource project; notice and comment on any proposed guid- ‘‘(III) the Secretary approves and adopts ‘‘(ii) has no expertise or information rel- ance; and the document before the Secretary takes any evant to the water resource project; or ‘‘(E) address any comments received under subsequent action or makes any approval ‘‘(iii) does not have adequate funds to par- subparagraph (D). ticipate in the water resource project; and based on that document, regardless of wheth- ‘‘(j) COORDINATED REVIEWS.— ‘‘(B) does not intend to submit comments er the action or approval of the Secretary re- ‘‘(1) COORDINATION PLAN.— on the water resource project. sults in Federal funding. ‘‘(A) ESTABLISHMENT.— ‘‘(3) EFFECT OF DESIGNATION.—Designation ‘‘(3) DUTIES.—The Secretary shall ensure ‘‘(i) IN GENERAL.—The lead agency shall, as a participating or cooperating agency that— after consultation with and with the concur- under this subsection shall not imply that ‘‘(A) the non-Federal interest complies rence of each cooperating agency for the the participating or cooperating agency— with all design and mitigation commitments water resource project and the non-Federal ‘‘(A) supports a proposed water resource made jointly by the Secretary and the non- interest or joint lead agency, as applicable, project; or Federal interest in any environmental docu- establish a plan for coordinating public and ‘‘(B) has any jurisdiction over, or special ment prepared by the non-Federal interest in agency participation in, and comment on, expertise with respect to evaluation of, the accordance with this subsection; and water resource project. the environmental review process for a water ‘‘(B) any environmental document pre- resource project or a category of water re- ‘‘(4) CONCURRENT REVIEWS.—Each cooper- pared by the non-Federal interest is appro- ating agency shall— source projects. priately supplemented under paragraph ‘‘(A) carry out the obligations of that ‘‘(ii) INCORPORATION.—The plan established (2)(B) to address any changes to the water re- agency under other applicable law concur- under clause (i) shall be incorporated into source project the Secretary determines are rently and in conjunction with the required the project schedule milestones set under necessary. environmental review process, unless doing section 905(g)(2) of the Water Resources De- ‘‘(4) ADOPTION AND USE OF DOCUMENTS.— so would impair the ability of the Federal velopment Act of 1986 (33 U.S.C. 2282(g)(2)). Any environmental document prepared in ac- agency to conduct needed analysis or other- ‘‘(2) COMMENT DEADLINES.—The lead agency cordance with this subsection may be adopt- wise carry out those obligations; and shall establish the following deadlines for ed or used by any Federal agency making ‘‘(B) formulate and implement administra- comment during the environmental review any approval to the same extent that the tive, policy, and procedural mechanisms to process for a water resource project: Federal agency could adopt or use a docu- enable the agency to ensure completion of ‘‘(A) DRAFT ENVIRONMENTAL IMPACT STATE- ment prepared by another Federal agency the environmental review process in a time- MENTS.—For comments by Federal and under— ly, coordinated, and environmentally respon- States agencies and the public on a draft en- ‘‘(A) the National Environmental Policy sible manner. vironmental impact statement, a period of Act of 1969 (42 U.S.C. 4321 et seq.); and ‘‘(i) PROGRAMMATIC COMPLIANCE.— not more than 60 days after publication in ‘‘(B) parts 1500 through 1508 of title 40, ‘‘(1) IN GENERAL.—The Secretary shall issue the Federal Register of notice of the date of Code of Federal Regulations (or successor guidance regarding the use of programmatic public availability of the draft environ- regulations). approaches to carry out the environmental mental impact statement, unless— ‘‘(5) ROLES AND RESPONSIBILITY OF LEAD review process that— ‘‘(i) a different deadline is established by AGENCY.—With respect to the environmental ‘‘(A) eliminates repetitive discussions of agreement of the lead agency, the non-Fed- review process for any water resource the same issues; eral interest, as applicable, and all partici- project, the lead agency shall have authority ‘‘(B) focuses on the actual issues ripe for pating and cooperating agencies; or and responsibility— analyses at each level of review; ‘‘(ii) the deadline is extended by the lead ‘‘(A) to take such actions as are necessary ‘‘(C) establishes a formal process for co- agency for good cause. and proper and within the authority and re- ordinating with cooperating agencies, in- ‘‘(B) OTHER ENVIRONMENTAL REVIEW PROC- sponsibility of the lead agency to facilitate cluding the creation of a list of all data that ESSES.—For all comment periods established the expeditious resolution of the environ- is needed to carry out an environmental re- by the lead agency for agency or public com- mental review process for the water resource view process; and ments in the environmental review process project; and ‘‘(D) complies with— of an action within a program under the au- ‘‘(B) to prepare or ensure that any required ‘‘(i) the National Environmental Policy thority of the lead agency other than for a environmental impact statement or other Act of 1969 (42 U.S.C. 4321 et seq.); and draft environmental impact statement, a pe- environmental review document for a water ‘‘(ii) all other applicable laws. riod of not more than 30 days after the date resource project required to be completed ‘‘(2) REQUIREMENTS.—In carrying out para- on which the materials on which comment is under the National Environmental Policy graph (1), the Secretary shall— requested are made available, unless— Act of 1969 (42 U.S.C. 4321 et seq.) is com- ‘‘(A) as the first step in drafting guidance ‘‘(i) a different deadline is established by pleted in accordance with this section and under that paragraph, consult with relevant agreement of the lead agency, the non-Fed- applicable Federal law. Federal and State agencies, Indian tribes, eral interest, and all cooperating agencies; ‘‘(h) PARTICIPATING AND COOPERATING and the public on the appropriate use and or AGENCIES.— scope of the programmatic approaches; ‘‘(ii) the deadline is extended by the lead ‘‘(1) INVITATION.— ‘‘(B) emphasize the importance of collabo- agency for good cause. ‘‘(A) IN GENERAL.—The lead agency shall ration among relevant Federal agencies, ‘‘(3) DEADLINES FOR DECISIONS UNDER OTHER identify, as early as practicable in the envi- State agencies, and Indian tribes in under- LAWS.—In any case in which a decision under ronmental review process for a water re- taking programmatic reviews, especially any Federal law relating to a project, includ- source project, any other Federal or non- with respect to including reviews with a ing the issuance or denial of a permit or li- Federal agencies that may have an interest broad geographical scope; cense, is required to be made by the date de- in that project and invite those agencies to ‘‘(C) ensure that the programmatic re- scribed in subsection (k)(6)(B)(ii), the Sec- become participating or cooperating agen- views— retary shall submit to the Committee on En- cies, as applicable, in the environmental re- ‘‘(i) promote transparency, including of the vironment and Public Works of the Senate view process for the water resource project. analyses and data used in the environmental and the Committee on Transportation and ‘‘(B) PROCEDURES.—Section 1501.6 of title review process, the treatment of any de- Infrastructure of the House of Representa- 40, Code of Federal Regulations (as in effect ferred issues raised by Federal, State, or tives— on the date of enactment of the Water Re- tribal agencies, or the public, and the tem- ‘‘(A) as soon as practicable after the 180- sources Development Act of 2013) shall gov- poral and special scales to be used to analyze day period described in subsection ern the identification and the participation those issues; (k)(6)(B)(ii), an initial notice of the failure of of a cooperating agency under subparagraph ‘‘(ii) use accurate and timely information the Federal agency to make the decision; (A). in the environmental review process, includ- and ‘‘(C) DEADLINE.—An invitation to partici- ing— ‘‘(B) every 60 days thereafter until such pate issued under subparagraph (A) shall set ‘‘(I) criteria for determining the general date as all decisions of the Federal agency a deadline by which a response to the invita- duration of the usefulness of the review; and relating to the project have been made by tion shall be submitted, which may be ex- ‘‘(II) the timeline for updating any out-of- the Federal agency, an additional notice tended by the lead agency for good cause. date review; that describes the number of decisions of the

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MY6.012 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3467 Federal agency that remain outstanding as not provide reasonable assurances that the clause (I)(aa)(CC), the Inspector General of of the date of the additional notice. deadlines described in subparagraph (B) will the applicable agency shall conduct a finan- ‘‘(4) INVOLVEMENT OF THE PUBLIC.—Nothing be met, the Secretary may initiate the issue cial audit to review that certification and in this subsection reduces any time period resolution and referral process described submit a report on that certification within provided for public comment in the environ- under paragraph (5) before the completion of 90 days to the Committee on Environment mental review process under applicable Fed- the record of decision. and Public Works of the Senate and the eral law (including regulations). ‘‘(5) ACCELERATED ISSUE RESOLUTION AND Committee on Transportation and Infra- ‘‘(k) ISSUE IDENTIFICATION AND RESOLU- ELEVATION.— structure of the House of Representatives. TION.— ‘‘(A) AGENCY ISSUE RESOLUTION MEETING.— ‘‘(B) ELEVATION OF ISSUE RESOLUTION.— ‘‘(1) COOPERATION.—The lead agency, the ‘‘(i) IN GENERAL.—A cooperating agency or ‘‘(i) IN GENERAL.—If issue resolution is not cooperating agencies, and any participating non-Federal interest may request an issue achieved by not later than 30 days after the agencies shall work cooperatively in accord- resolution meeting to be conducted by the date on which a relevant meeting is held ance with this section to identify and resolve Secretary. under subparagraph (A), the Secretary shall issues that could delay completion of the en- ‘‘(ii) ACTION BY SECRETARY.—The Secretary notify the heads of the relevant cooperating vironmental review process or result in the shall convene an issue resolution meeting agencies and the non-Federal interest that denial of any approval required for the water under clause (i) with the relevant cooper- an issue resolution meeting will be con- resource project under applicable laws. ating agencies and the non-Federal interest, vened. ‘‘(2) LEAD AGENCY RESPONSIBILITIES.— as applicable, to resolve issues that could— ‘‘(ii) REQUIREMENTS.—The Secretary shall ‘‘(A) IN GENERAL.—The lead agency shall ‘‘(I) delay completion of the environmental identify the issues to be addressed at the make information available to the cooper- review process; or meeting and convene the meeting not later ating agencies and participating agencies as ‘‘(II) conflict with the ability of a cooper- than 30 days after the date on which the no- early as practicable in the environmental re- ating agency to carry out applicable Federal tice is issued. view process regarding the environmental laws (including regulations). ‘‘(C) SUBMISSION OF ISSUE RESOLUTION.— and socioeconomic resources located within ‘‘(iii) DATE.—A meeting requested under ‘‘(i) SUBMISSION TO COUNCIL ON ENVIRON- the water resource project area and the gen- this subparagraph shall be held not later MENTAL QUALITY.— eral locations of the alternatives under con- than 21 days after the date on which the Sec- ‘‘(I) IN GENERAL.—If a resolution is not sideration. retary receives the request for the meeting, achieved by not later than 30 days after the ‘‘(B) DATA SOURCES.—The information unless the Secretary determines that there date on which an issue resolution meeting is under subparagraph (A) may be based on ex- is good cause to extend that deadline. held under subparagraph (B), the Secretary isting data sources, including geographic in- ‘‘(iv) NOTIFICATION.—On receipt of a re- shall submit the matter to the Council on formation systems mapping. quest for a meeting under this subparagraph, Environmental Quality. ‘‘(3) COOPERATING AND PARTICIPATING AGEN- the Secretary shall notify all relevant co- ‘‘(II) MEETING.—Not later than 30 days CY RESPONSIBILITIES.—Based on information operating agencies of the request, including after the date on which the Council on Envi- received from the lead agency, cooperating the issue to be resolved and the date for the ronmental Quality receives a submission and participating agencies shall identify, as meeting. from the Secretary under subclause (I), the early as practicable, any issues of concern Council on Environmental Quality shall hold ‘‘(v) DISPUTES.—If a relevant cooperating regarding the potential environmental or so- agency with jurisdiction over an action, in- an issue resolution meeting with the lead cioeconomic impacts of the water resource cluding a permit approval, review, or other agency, the heads of relevant cooperating project, including any issues that could sub- agencies and the non-Federal interest. stantially delay or prevent an agency from statement or opinion required for a water resource project under applicable law deter- ‘‘(III) ADDITIONAL HEARINGS.—The Council granting a permit or other approval that is on Environmental Quality may hold public needed for the water resource project. mines that the relevant information necessary to resolve the issue has not been ob- meetings or hearings to obtain additional ‘‘(4) INTERIM DECISION ON ACHIEVING ACCEL- tained and could not have been obtained views and information that the Council on ERATED DECISIONMAKING.— Environmental Quality determines are nec- ‘‘(A) IN GENERAL.—Not later than 45 days within a reasonable time, but the Secretary disagrees, the resolution of the dispute shall essary, consistent with the time frames de- after the close of the public comment period scribed in this paragraph. on a draft environmental impact statement, be forwarded to the heads of the relevant agencies for resolution. ‘‘(ii) REMEDIES.—Not later than 30 days the Secretary may convene a meeting with after the date on which an issue resolution the non-Federal interest or joint lead agen- ‘‘(vi) CONVENTION BY LEAD AGENCY.—The Secretary may convene an issue resolution meeting is convened by the Council on Envi- cy, as applicable, relevant resource agencies, ronmental Quality under clause (i)(II), the and relevant Federal and State agencies to meeting under this subsection at any time, at the discretion of the Secretary, regardless Secretary shall— establish a schedule of deadlines to complete ‘‘(I) publish findings that explain how the decisions regarding the water resource of whether a meeting is requested under clause (i). issue was resolved and recommendations (in- project. cluding, where appropriate, a finding that ‘‘(vii) EXCEPTION.— ‘‘(B) DEADLINES.— the submission does not support the position ‘‘(i) IN GENERAL.—The deadlines referred to ‘‘(I) IN GENERAL.—The issue resolution and referral process under this subparagraph of the submitting agency); or in subparagraph (A) shall be those estab- ‘‘(II) if the resolution of the issue was not lished by the Secretary, in consultation with shall not be initiated if the applicable agency— achieved, submit to the President for ac- and with the concurrence of the non-Federal tion— interest or joint lead agency, as applicable, ‘‘(aa) notifies, with a supporting explanation, the lead agency, cooperating agen- ‘‘(aa) the submission; and other relevant Federal and State agen- ‘‘(bb) any views or additional information cies, and non-Federal interest, as applicable, cies. developed during any additional hearings that— ‘‘(ii) FACTORS FOR CONSIDERATION.—In es- ‘‘(AA) the agency has not received nec- under clause (i)(III); and tablishing a schedule, the Secretary shall ‘‘(cc) the recommendation of the Council essary information or approvals from an- consider factors such as— on Environmental Quality. other entity in a manner that affects the ‘‘(I) the responsibilities of cooperating ‘‘(6) FINANCIAL PENALTY PROVISIONS.— ability of the agency to meet any require- agencies under applicable laws; ‘‘(A) IN GENERAL.—A Federal jurisdictional ments under Federal, tribal, State, or local ‘‘(II) the resources available to the non- agency shall complete any required approval law; Federal interest, joint lead agency, and ‘‘(BB) significant new information, includ- or decision on an expeditious basis using the other relevant Federal and State agencies, as ing from public comments, or circumstances, shortest existing applicable process. applicable; including a major modification to an aspect ‘‘(B) FAILURE TO DECIDE.— ‘‘(III) the overall size and complexity of of the water resource project, requires addi- ‘‘(i) IN GENERAL.—If a Federal jurisdic- the water resource project; tional analysis for the agency to make a de- tional agency fails to render a decision under ‘‘(IV) the overall schedule for and cost of cision on the water resource project applica- any Federal law relating to a water resource the water resource project; and tion; or project that requires the preparation of an ‘‘(V) the sensitivity of the natural and his- ‘‘(CC) the agency lacks the financial re- environmental impact statement or environ- torical resources that could be affected by sources to complete the review under the mental assessment, including the issuance or the water resource project. scheduled time frame, including a descrip- denial of a permit, license, statement, opin- ‘‘(iii) MODIFICATIONS.—The Secretary tion of the number of full-time employees re- ion, or other approval by the date described may— quired to complete the review, the amount of in clause (ii), the amount of funds made ‘‘(I) lengthen a schedule under clause (i) for funding required to complete the review, and available to support the office of the head of good cause; and a justification as to why there is not enough the Federal jurisdictional agency shall be re- ‘‘(II) shorten a schedule only with concur- funding available to complete the review by duced by an amount of funding equal to the rence of the affected non-Federal interest, the deadline; and amounts specified in subclause (I) or (II) and joint lead agency, or relevant Federal and ‘‘(bb) establishes a new deadline for com- those funds shall be made available to the di- State agencies, as applicable. pletion of the review. vision of the Federal jurisdictional agency ‘‘(C) FAILURE TO MEET DEADLINE.—If the ‘‘(II) INSPECTOR GENERAL.—If the applicable charged with rendering the decision by not agencies described in subparagraph (A) can- agency makes a certification under sub- later than 1 day after the applicable date

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MY6.012 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3468 CONGRESSIONAL RECORD — SENATE May 15, 2013 under clause (ii), and once each week there- Infrastructure of the House of Representa- other provision of law applicable to water re- after until a final decision is rendered, sub- tives a report on the notice. source projects. ject to subparagraph (C)— ‘‘(E) LIMITATION.—The Federal agency ‘‘(o) CATEGORICAL EXCLUSIONS.— ‘‘(I) $20,000 for any water resource project from which funds are transferred pursuant to ‘‘(1) IN GENERAL.—Not later than 180 days requiring the preparation of an environ- this paragraph shall not reprogram funds to after the date of enactment of this sub- mental assessment or environmental impact the office of the head of the agency, or equiv- section, the Secretary shall— statement; or alent office, to reimburse that office for the ‘‘(A) survey the use by the Corps of Engi- ‘‘(II) $10,000 for any water resource project loss of the funds. neers of categorical exclusions in water re- requiring any type of review under the Na- ‘‘(F) EFFECT OF PARAGRAPH.—Nothing in source projects since 2005; tional Environmental Policy Act of 1969 (42 this paragraph affects or limits the applica- ‘‘(B) publish a review of the survey that in- U.S.C. 4321 et seq.) other than an environ- tion of, or obligation to comply with, any cludes a description of— mental assessment or environmental impact Federal, State, local, or tribal law. ‘‘(i) the types of actions that were cat- statement. ‘‘(l) PERFORMANCE MEASUREMENT.—The egorically excluded or could be the basis for ‘‘(ii) DESCRIPTION OF DATE.—The date re- Secretary shall establish a program to meas- developing a new categorical exclusion; and ferred to in clause (i) is the later of— ure and report on progress made toward im- ‘‘(ii) any requests previously received by ‘‘(I) the date that is 180 days after the date proving and expediting the planning and en- the Secretary for new categorical exclusions; on which an application for the permit, li- vironmental review process. and cense, or approval is complete; and ‘‘(m) MEMORANDUM OF AGREEMENTS FOR ‘‘(C) solicit requests from other Federal ‘‘(II) the date that is 180 days after the date EARLY COORDINATION.— agencies and non-Federal interests for new on which the Federal lead agency issues a de- ‘‘(1) SENSE OF CONGRESS.—It is the sense of categorical exclusions. cision on the water resource project under Congress that— ‘‘(2) NEW CATEGORICAL EXCLUSIONS.—Not the National Environmental Policy Act of ‘‘(A) the Secretary and other Federal agen- later than 1 year after the date of enactment 1969 (42 U.S.C. 4321 et seq.). cies with relevant jurisdiction in the envi- of this subsection, if the Secretary has iden- ‘‘(C) LIMITATIONS.— ronmental review process should cooperate tified a category of activities that merit es- ‘‘(i) IN GENERAL.—No transfer of funds with each other, State agencies, and Indian tablishing a categorical exclusion that did under subparagraph (B) relating to an indi- tribes on environmental review and water re- not exist on the day before the date of enact- vidual water resource project shall exceed, in source project delivery activities at the ear- ment of this subsection based on the review any fiscal year, an amount equal to 1 percent liest practicable time to avoid delays and du- under paragraph (1), the Secretary shall pub- of the funds made available for the applica- plication of effort later in the process, pre- lish a notice of proposed rulemaking to pro- ble agency office. vent potential conflicts, and ensure that pose that new categorical exclusion, to the ‘‘(ii) FAILURE TO DECIDE.—The total planning and water resource project develop- extent that the categorical exclusion meets amount transferred in a fiscal year as a re- ment decisions reflect environmental values; the criteria for a categorical exclusion under sult of a failure by an agency to make a deci- and section 1508.4 of title 40, Code of Federal Reg- sion by an applicable deadline shall not ex- ‘‘(B) the cooperation referred to in sub- ulations (or successor regulation). ceed an amount equal to 5 percent of the paragraph (A) should include the develop- ‘‘(p) REVIEW OF WATER RESOURCE PROJECT funds made available for the applicable agen- ment of policies and the designation of staff ACCELERATION REFORMS.— cy office for that fiscal year. that advise planning agencies and non-Fed- ‘‘(1) IN GENERAL.—The Comptroller General ‘‘(iii) AGGREGATE.—Notwithstanding any eral interests of studies or other information of the United States shall— other provision of law, for each fiscal year, foreseeably required for later Federal action ‘‘(A) assess the reforms carried out under the aggregate amount of financial penalties and early consultation with appropriate this section; and assessed against each applicable agency of- State and local agencies and Indian tribes. ‘‘(B) not later than 5 years after the date of fice under title II of the Water Resources De- ‘‘(2) TECHNICAL ASSISTANCE.—If requested enactment of this subsection, submit to the velopment Act of 2013 and any other Federal at any time by a State or non-Federal inter- Committee on Transportation and Infra- law as a result of a failure of the agency to est, the Secretary and other Federal agen- structure of the House of Representatives make a decision by an applicable deadline cies with relevant jurisdiction in the envi- and the Committee on Environment and for environmental review, including the ronmental review process, shall, to the max- Public Works of the Senate a report that de- total amount transferred under this para- imum extent practicable and appropriate, as scribes the results of the assessment. graph, shall not exceed an amount equal to determined by the agencies, provide tech- ‘‘(2) INSPECTOR GENERAL REPORT.—The In- 9.5 percent of the funds made available for nical assistance to the State or non-Federal spector General of the Corps of Engineers the agency office for that fiscal year. interest in carrying out early coordination shall— ‘‘(D) NO FAULT OF AGENCY.— activities. ‘‘(A) assess the reforms carried out under ‘‘(i) IN GENERAL.—A transfer of funds under ‘‘(3) MEMORANDUM OF AGENCY AGREEMENT.— this section; and this paragraph shall not be made if the appli- If requested at any time by a State or non- ‘‘(B) submit to the Committee on Trans- cable agency described in subparagraph (A) Federal interest, the lead agency, in con- portation and Infrastructure of the House of notifies, with a supporting explanation, the sultation with other Federal agencies with Representatives and the Committee on Envi- lead agency, cooperating agencies, and non- relevant jurisdiction in the environmental ronment and Public Works of the Senate— Federal interest, as applicable, that— review process, may establish memoranda of ‘‘(i) not later than 2 years after the date of ‘‘(I) the agency has not received necessary agreement with the non-Federal interest, In- enactment of this subsection, an initial re- information or approvals from another enti- dian tribe, State and local governments, and port of the findings of the Inspector General; ty in a manner that affects the ability of the other appropriate entities to carry out the and agency to meet any requirements under Fed- early coordination activities, including pro- ‘‘(ii) not later than 4 years after the date of eral, State, or local law; viding technical assistance in identifying po- enactment of this subsection, a final report ‘‘(II) significant new information, includ- tential impacts and mitigation issues in an of the findings. ing from public comments, or circumstances, integrated fashion. ‘‘(q) AUTHORIZATION.—The authority pro- including a major modification to an aspect ‘‘(n) LIMITATIONS.—Nothing in this section vided by this section expires on the date that of the water resource project, requires addi- preempts, supersedes, amends, modifies, re- is 10 years after the date of enactment of tional analysis for the agency to make a de- peals, or interferes with— this Act.’’. cision on the water resource project applica- ‘‘(1) any statutory or regulatory require- SEC. 2034. FEASIBILITY STUDIES. tion; or ment, including for seeking, considering, or Section 905 of the Water Resources Devel- ‘‘(III) the agency lacks the financial re- responding to public comment; opment Act of 1986 (33 U.S.C. 2282) is amend- sources to complete the review under the ‘‘(2) any obligation to comply with the pro- ed by adding at the end the following: scheduled time frame, including a descrip- visions any Federal law, including— ‘‘(g) DETAILED PROJECT SCHEDULE.— tion of the number of full-time employees re- ‘‘(A) the National Environmental Policy ‘‘(1) IN GENERAL.—Not later than 180 days quired to complete the review, the amount of Act of 1969 (42 U.S.C. 4321 et seq.); after the date of enactment of this sub- funding required to complete the review, and ‘‘(B) the regulations issued by the Council section, the Secretary shall determine a set a justification as to why there is not enough on Environmental Quality or any other Fed- of milestones needed for the completion of a funding available to complete the review by eral agency to carry out that Act; and feasibility study under this subsection, in- the deadline. ‘‘(C) any other Federal environmental law; cluding all major actions, report submissions ‘‘(ii) LACK OF FINANCIAL RESOURCES.—If the ‘‘(3) the reviewability of any final Federal and responses, reviews, and comment peri- agency provides notice under clause (i)(III), agency action in a court of the United States ods. the Inspector General of the agency shall— or in the court of any State; ‘‘(2) DETAILED PROJECT SCHEDULE MILE- ‘‘(I) conduct a financial audit to review the ‘‘(4) any practice of seeking, considering, STONES.—Each District Engineer shall, to the notice; and or responding to public comment; or maximum extent practicable, establish a de- ‘‘(II) not later than 90 days after the date ‘‘(5) any power, jurisdiction, responsibility, tailed project schedule, based on full funding on which the review described in subclause duty, or authority that a Federal, State, or capability, that lists all deadlines for mile- (I) is completed, submit to the Committee on local governmental agency, Indian tribe, or stones relating to feasibility studies in the Environment and Public Works of the Senate non-Federal interest has with respect to car- District developed by the Secretary under and the Committee on Transportation and rying out a water resource project or any paragraph (1).

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‘‘(3) NON-FEDERAL INTEREST NOTIFICATION.— Secretary in writing with a detailed expla- ests to increase the hours of operation of Each District Engineer shall submit by cer- nation of the basis for questioning the com- locks at water resources development tified mail the detailed project schedule pleteness of the project or functional portion projects. under paragraph (2) to each relevant non- of the project. (b) APPLICABILITY.—The establishment of Federal interest— (2) INDEPENDENT REVIEW.— the pilot program under this section shall ‘‘(A) for projects that have received fund- (A) IN GENERAL.—On notification that a not affect the periodic review and adjusting from the General Investigations Account non-Federal interest has submitted an ap- ment of hours of operation of locks based on of the Corps of Engineers in the period begin- peal under paragraph (1), the Secretary shall increases in commercial traffic carried out ning on October 1, 2009, and ending on the contract with 1 or more independent, non- by the Secretary. date of enactment of this section, not later Federal experts to evaluate whether the ap- (c) PUBLIC COMMENT.—Not later than 180 than 180 days after the establishment of plicable water resources project or func- days before a proposed modification to the milestones under paragraph (1); and tional portion of the project is complete. operation of a lock at a water resources development project will be carried out, the ‘‘(B) for projects for which a feasibility (B) TIMELINE.—An independent review car- Secretary shall— cost-sharing agreement is executed after the ried out under subparagraph (A) shall be (1) publish the proposed modification in establishment of milestones under paragraph completed not later than 180 days after the the Federal Register; and (1), not later than 90 days after the date on date on which the Secretary receives an ap- (2) accept public comment on the proposed which the agreement is executed. peal from a non-Federal interest under para- modification. ‘‘(4) CONGRESSIONAL AND PUBLIC NOTIFICA- graph (1). (d) REPORTS.— TION .—Beginning in the first full fiscal year SEC. 2037. PROJECT PARTNERSHIP AGREE- (1) IN GENERAL.—Not later than 1 year after after the date of enactment of this Act, the MENTS. the date of enactment of this Act, the Sec- Secretary shall— (a) IN GENERAL.—The Secretary shall con- retary shall submit to the Committee on ‘‘(A) submit an annual report that lists all tract with the National Academy of Public Transportation and Infrastructure of the detailed project schedules under paragraph Administration to carry out a comprehen- House of Representatives and the Committee (2) and an explanation of any missed dead- sive review of the process for preparing, ne- on Environment and Public Works of the lines to the Committee on Environment and gotiating, and approving Project Partnership Senate a report that evaluates the cost-sav- Public Works of the Senate and the Com- Agreements and the Project Partnership ings resulting from reduced lock hours and mittee on Transportation and Infrastructure Agreement template, which shall include— any economic impacts of modifying lock op- of the House of Representatives; and (1) a review of the process for preparing, erations. ‘‘(B) make publicly available, including on negotiating, and approving Project Partner- (2) REVIEW OF PILOT PROGRAM.—Not later the Internet, a copy of the annual report de- ship Agreements, as in effect on the day be- than September 30, 2017 and each year there- scribed in subparagraph (A) not later than 14 fore the date of enactment of this Act; after, the Secretary shall submit to the Com- days after date on which a report is sub- (2) an evaluation of how the concerns of a mittee on Transportation and Infrastructure mitted to Congress. non-Federal interest relating to the Project of the House of Representatives and the ‘‘(5) FAILURE TO ACT.—If a District Engi- Partnership Agreement and suggestions for Committee on Environment and Public neer fails to meet any of the deadlines in the modifications to the Project Partnership Works of the Senate a report that describes project schedule under paragraph (2), the Agreement made by a non-Federal interest the effectiveness of the pilot program under District Engineer shall— are accommodated; this section. ‘‘(A) not later than 30 days after each (3) recommendations for how the concerns (e) ANNUAL REVIEW.—The Secretary shall missed deadline, submit to the non-Federal and modifications described in paragraph (2) carry out an annual review of the commer- interest a report detailing— can be better accommodated; cial use of locks and make any necessary ad- ‘‘(i) why the District Engineer failed to (4) recommendations for how the Project justments to lock operations based on that meet the deadline; and Partnership Agreement template can be review. ‘‘(ii) a revised project schedule reflecting made more efficient; and (f) TERMINATION.—The authority to accept amended deadlines for the feasibility study; (5) recommendations for how to make the funds under this section shall terminate 5 and process for preparing, negotiating, and ap- years after the date of enactment of this ‘‘(B) not later than 30 days after each proving Project Partnership Agreements Act. missed deadline, make publicly available, in- more efficient. SEC. 2040. EMERGENCY RESPONSE TO NATURAL DISASTERS. cluding on the Internet, a copy of the amend- (b) REPORT.—The Secretary shall submit a (a) IN GENERAL.—Section 5(a)(1) of the Act ed project schedule described in subpara- report describing the findings of the Na- entitled ‘‘An Act authorizing the construc- graph (A)(ii).’’. tional Academy of Public Administration to tion of certain public works on rivers and the Committee on Environment and Public SEC. 2035. ACCOUNTING AND ADMINISTRATIVE harbors for flood control, and for other pur- EXPENSES. Works of the Senate and the Committee on poses’’, approved August 18, 1941 (33 U.S.C. (a) IN GENERAL.—On the request of a non- Transportation and Infrastructure of the 701n(a)(1)), is amended in the first sentence— Federal interest, the Secretary shall provide House of Representatives. (1) by inserting ‘‘and subject to the condi- to the non-Federal interest a detailed ac- SEC. 2038. INTERAGENCY AND INTERNATIONAL tion that the Chief of Engineers may include counting of the Federal expenses associated SUPPORT AUTHORITY. modifications to the structure or project’’ with a water resources project. Section 234 of the Water Resources Devel- after ‘‘work for flood control’’; and (b) STUDY.— opment Act of 1996 (33 U.S.C. 2323a) is amend- (2) by striking ‘‘structure damaged or de- (1) IN GENERAL.—The Secretary shall con- ed— stroyed by wind, wave, or water action of tract with the National Academy of Public (1) in subsection (a), by striking ‘‘other other than an ordinary nature when in the Administration to carry out a study on the Federal agencies,’’ and inserting ‘‘Federal discretion of the Chief of Engineers such re- efficiency of the Corps Engineers current departments or agencies, nongovernmental pair and restoration is warranted for the staff salaries and administrative expense organizations,’’; adequate functioning of the structure for procedures as compared to using a separate (2) in subsection (b), by inserting ‘‘or for- hurricane or shore protection’’ and inserting administrative expense account. eign governments’’ after ‘‘organizations’’; ‘‘structure or project damaged or destroyed (2) CONTENTS.—The study under paragraph (3) in subsection (c), by inserting ‘‘and res- by wind, wave, or water action of other than (1) shall include any recommendations of the toration’’ after ‘‘protection’’; and an ordinary nature to the design level of pro- National Academy of Public Administration (4) in subsection (d)— tection when, in the discretion of the Chief for improvements to the budgeting and ad- (A) in the first sentence— of Engineers, such repair and restoration is ministrative processes that will increase the (i) by striking ‘‘There is’’ and inserting warranted for the adequate functioning of efficiency of the Corps of Engineers project ‘‘(1) IN GENERAL.—There is’’; and the structure or project for hurricane or delivery. (ii) by striking ‘‘2008’’ and inserting ‘‘2014’’; shore protection, subject to the condition SEC. 2036. DETERMINATION OF PROJECT COM- and that the Chief of Engineers may include PLETION. (B) in the second sentence— modifications to the structure or project to (a) IN GENERAL.—The Secretary shall no- (i) by striking ‘‘The Secretary’’ and insert- address major deficiencies or implement tify the non-Federal interest when construc- ing ‘‘(2) ACCEPTANCE OF FUNDS.—The Sec- nonstructural alternatives to the repair or tion of a water resources project or a func- retary’’; and restoration of the structure if requested by tional portion of the project is completed so (ii) by striking ‘‘other Federal agencies’’ the non-Federal sponsor’’. the non-Federal interest may commence re- and inserting ‘‘Federal departments or agen- (b) REPORT.— sponsibilities, as applicable, for operating cies, nongovernmental organizations’’. (1) IN GENERAL.—Not later than 1 year after and maintaining the project. SEC. 2039. ACCEPTANCE OF CONTRIBUTED the date of enactment of this Act and every (b) NON-FEDERAL INTEREST APPEAL OF DE- FUNDS TO INCREASE LOCK OPER- 2 years thereafter, the Secretary shall sub- TERMINATION.— ATIONS. mit to the Committee on Environment and (1) IN GENERAL.—Not later than 7 days (a) IN GENERAL.—The Secretary, after pro- Public Works of the Senate and the Com- after receiving a notification under subpara- viding public notice, shall establish a pilot mittee on Transportation and Infrastructure graph (a), the non-Federal interest may ap- program for the acceptance and expenditure of the House of Representatives a report de- peal the completion determination of the of funds contributed by non-Federal inter- tailing the amounts expended in the previous

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MY6.012 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3470 CONGRESSIONAL RECORD — SENATE May 15, 2013 5 fiscal years to carry out Corps of Engineers ‘‘(B) make each report received under sub- (A) the extent of damage and land loss re- projects under section 5 of the Act entitled paragraph (A) available on a single publicly sulting from riverbank erosion; ‘‘An Act authorizing the construction of cer- accessible Internet site.’’. (B) the rate of erosion; tain public works on rivers and harbors for SEC. 2043. NATIONAL RIVERBANK STABILIZATION (C) the significant threat of future flood flood control, and for other purposes’’, ap- AND EROSION PREVENTION STUDY risk to public or private property, public in- proved August 18, 1941 (33 U.S.C. 701n). AND PILOT PROGRAM. frastructure, or public safety; (2) INCLUSIONS.—A report under paragraph (a) DEFINITION OF INLAND AND INTRA- (D) the destruction of natural resources or (1) shall, at a minimum, include a descrip- COASTAL WATERWAY.—In this section, the habitats; and tion of— term ‘‘inland and intracoastal waterway’’ (E) the potential cost-savings for mainte- (A) each structure, feature, or project for means the inland and intracoastal water- nance of the channel. which amounts are expended, including the ways of the United States described in sec- (4) CONSULTATION.—The Secretary shall type of structure, feature, or project and tion 206 of the Inland Waterways Revenue carry out the pilot program in consultation cost of the work; and Act of 1978 (33 U.S.C. 1804). with— (b) PILOT PROGRAM.—The Secretary— (B) how the Secretary has repaired, re- (A) Federal, State, and local governments; (1) is authorized to study issues relating to stored, replaced, or modified each structure, (B) nongovernmental organizations; and riverbank stabilization and erosion preven- feature, or project or intends to restore the (C) applicable university research facili- tion along inland and intracoastal water- structure, feature, or project to the design ties. ways; and level of protection for the structure, feature, (5) REPORT.—Not later than 1 year after (2) shall establish and carry out for a pe- or project. the first fiscal year for which amounts to riod of 5 fiscal years a national riverbank carry out this section are appropriated, and SEC. 2041. SYSTEMWIDE IMPROVEMENT FRAME- stabilization and erosion prevention pilot every year thereafter, the Secretary shall WORKS. program to address riverbank erosion along prepare and submit to the Committee on En- A levee system shall remain eligible for re- inland and intracoastal waterways. vironment and Public Works of the Senate habilitation assistance under the authority (c) STUDY.— and the Committee on Transportation and provided by section 5 of the Act entitled ‘‘An (1) IN GENERAL.—The Secretary, in con- Infrastructure of the House of Representa- Act authorizing the construction of certain sultation with appropriate Federal, State, tives a report describing— public works on rivers and harbors for flood local, and nongovernmental entities, shall (A) the activities carried out and accom- control, and for other purposes’’ (33 U.S.C. carry out a study of the options and tech- plishments made under the pilot program 701n) as long as the levee system sponsor nologies available to prevent the erosion and since the previous report under this para- continues to make satisfactory progress, as degradation of riverbanks along inland and graph; and determined by the Secretary, on an approved intracoastal waterways. (B) any recommendations of the Secretary systemwide improvement framework or let- (2) CONTENTS.—The study shall— relating to the program. ter of intent. (A) evaluate the nature and extent of the UTHORIZATION OF PPROPRIATIONS SEC. 2042. FUNDING TO PROCESS PERMITS. (e) A A .— damages resulting from riverbank erosion There is authorized to be appropriated to Section 214 of the Water Resources Devel- along inland and intracoastal waterways carry out this section $25,000,000 for each of opment Act of 2000 (Public Law 106–541; 33 throughout the United States; fiscal years 2014 through 2019. U.S.C. 2201 note) is amended by striking sub- (B) identify specific inland and intra- sections (d) and (e) and inserting the fol- SEC. 2044. HURRICANE AND STORM DAMAGE coastal waterways and affected wetland RISK REDUCTION PRIORITIZATION. lowing: areas with the most urgent need for restora- (a) PURPOSES.—The purposes of this section ‘‘(d) PUBLIC AVAILABILITY.— tion; are— ‘‘(1) IN GENERAL.—The Secretary shall en- (C) analyze any legal requirements with re- (1) to provide adequate levels of protection sure that all final permit decisions carried gard to maintenance of bank lines of inland to communities impacted by natural disas- out using funds authorized under this section and intracoastal waterways, including a ters, including hurricanes, tropical storms, are made available to the public in a com- comparison of Federal, State, and private ob- and other related extreme weather events; mon format, including on the Internet, and ligations and practices; and in a manner that distinguishes final permit (D) assess and compare policies and man- (2) to expedite critical water resources decisions under this section from other final agement practices to protect surface areas projects in communities that have histori- actions of the Secretary. adjacent to inland and intracoastal water- cally been and continue to remain suscep- ‘‘(2) DECISION DOCUMENT.—The Secretary ways applied by various Districts of the tible to extreme weather events. shall— Corps of Engineers; and (b) PRIORITY.—For authorized projects and ‘‘(A) use a standard decision document for (E) make any recommendations the Sec- ongoing feasibility studies with a primary evaluating all permits using funds accepted retary determines to be appropriate. purpose of hurricane and storm damage risk under this section; and (d) RIVERBANK STABILIZATION AND EROSION reduction, the Secretary shall give funding ‘‘(B) make the standard decision document, PREVENTION PILOT PROGRAM.— priority to projects and ongoing studies along with all final permit decisions, avail- (1) IN GENERAL.—The Secretary shall de- that— able to the public, including on the Internet. velop a pilot program for the construction of (1) address an imminent threat to life and ‘‘(3) AGREEMENTS.—The Secretary shall riverbank stabilization and erosion preven- property; make all active agreements to accept funds tion projects on public land along inland and (2) prevent storm surge from inundating under this section available on a single pub- intracoastal waterways if the Secretary de- populated areas; lic Internet site. termines that the projects are technically (3) prevent the loss of coastal wetlands ‘‘(e) REPORTING.— feasible, environmentally acceptable, eco- that help reduce the impact of storm surge; ‘‘(1) IN GENERAL.—The Secretary shall pre- nomically justified, and lower maintenance (4) protect emergency hurricane evacu- pare an annual report on the implementation costs of those inland and intracoastal water- ation routes or shelters; of this section, which, at a minimum, shall ways. (5) prevent adverse impacts to publicly include for each district of the Corps of Engi- (2) PILOT PROGRAM GOALS.—A project under owned or funded infrastructure and assets; neers that accepts funds under this section— the pilot program shall, to the maximum ex- (6) minimize disaster relief costs to the ‘‘(A) a comprehensive list of any funds ac- tent practicable— Federal Government; and cepted under this section during the previous (A) develop or demonstrate innovative (7) address hurricane and storm damage fiscal year; technologies; risk reduction in an area for which the Presi- ‘‘(B) a comprehensive list of the permits (B) implement efficient designs to prevent dent declared a major disaster in accordance reviewed and approved using funds accepted erosion at a riverbank site, taking into ac- with section 401 of the Robert T. Stafford under this section during the previous fiscal count the lifecycle cost of the design, includ- Disaster Relief and Emergency Assistance year, including a description of the size and ing cleanup, maintenance, and amortization; Act (42 U.S.C. 5170). type of resources impacted and the mitiga- (C) prioritize natural designs, including the (c) EXPEDITED CONSIDERATION OF CUR- tion required for each permit; and use of native and naturalized vegetation or RENTLY AUTHORIZED PROJECTS.—Not later ‘‘(C) a description of the training offered in temporary structures that minimize perma- than 180 days after the date of enactment of the previous fiscal year for employees that is nent structural alterations to the riverbank; this Act, the Secretary shall— funded in whole or in part with funds accept- (D) avoid negative impacts to adjacent (1) submit to the Committee on Environ- ed under this section. communities; ment and Public Works of the Senate and ‘‘(2) SUBMISSION.—Not later than 90 days (E) identify the potential for long-term the Committee on Transportation and Infra- after the end of each fiscal year, the Sec- protection afforded by the innovative tech- structure of the House of Representatives a retary shall— nology; and list of all— ‘‘(A) submit to the Committee on Environ- (F) provide additional benefits, including (A) ongoing hurricane and storm damage ment and Public Works of the Senate and reduction of flood risk. reduction feasibility studies that have the Committee on Transportation and Infra- (3) PROJECT SELECTIONS.—The Secretary signed feasibility cost share agreements and structure of the House of Representatives shall develop criteria for the selection of have received Federal funds since 2009; and the annual report described in paragraph (1); projects under the pilot program, including (B) authorized hurricane and storm dam- and criteria based on— age reduction projects that—

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MY6.012 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3471 (i) have been authorized for more than 20 ment with a State or local government to structed within the channel as a single unit years but are less than 75 percent complete; provide for the cooperative management of a with that flood gate, that— or public recreation area if— (1) was constructed as of the date of enact- (ii) are undergoing a post-authorization (i) the public recreation area is located— ment of this Act as a feature of an author- change report, general reevaluation report, (I) at a lake or reservoir operated by the ized hurricane and storm damage reduction or limited reevaluation report; Corps of Engineers; and project; and (2) identify those projects on the list re- (II) adjacent to or near a State or local (2) crosses an inland or intracoastal water- quired under paragraph (1) that meet the cri- park or recreation area; and way described in section 206 of the Inland teria described in subsection (b); and (ii) the Secretary determines that coopera- Waterways Revenue Act of 1978 (33 U.S.C. (3) provide a plan for expeditiously com- tive management between the Corps of Engi- 1804). pleting the projects identified under para- neers and a State or local government agen- (b) PAYMENT OPTIONS.—For rehabilitation graph (2), subject to available funding. cy of a portion of the Corps of Engineers or replacement of any structure under this (d) PRIORITIZATION OF NEW STUDIES FOR recreation area or State or local park or section, the Secretary may apply to the full HURRICANE AND STORM DAMAGE RISK REDUC- recreation area will allow for more effective non-Federal contribution the payment op- TION.—In selecting new studies for hurricane and efficient management of those areas. tion provisions under section 103(k) of the and storm damage reduction to propose to (B) RESTRICTION.—The Secretary may not Water Resources Development Act of 1986 (33 Congress under section 4002, the Secretary transfer administration responsibilities for U.S.C. 2213(k)). shall give priority to studies— any public recreation area operated by the SEC. 2048. CORROSION PREVENTION. (1) that— Corps of Engineers. (a) GUIDANCE AND PROCEDURES.—The Sec- (A) have been recommended in a com- (2) ACQUISITION OF GOODS AND SERVICES.— retary shall develop guidance and procedures prehensive hurricane protection study car- The Secretary may acquire from or provide for the certification of qualified contractors ried out by the Corps of Engineers; or to a State or local government with which for— (B) are included in a State plan or program the Secretary has entered into a cooperative (1) the application of protective coatings; for hurricane, storm damage reduction, flood agreement under paragraph (1) goods and and control, coastal protection, conservation, or services to be used by the Secretary and the (2) the removal of hazardous protective restoration, that is created in consultation State or local government in the cooperative coatings. (b) REQUIREMENTS.—Except as provided in with the Corps of Engineers or other rel- management of the areas covered by the subsection (c), the Secretary shall use cer- evant Federal agencies; and agreement. tified contractors for— (2) for areas for which the President de- (3) ADMINISTRATION.—The Secretary may (1) the application of protective coatings clared a major disaster in accordance with enter into 1 or more cooperative manage- for complex work involving steel and cemen- section 401 of the Robert T. Stafford Disaster ment agreements or such other arrange- titious structures, including structures that Relief and Emergency Assistance Act (42 ments as the Secretary determines to be ap- will be exposed in immersion; U.S.C. 5170). propriate, including leases or licenses, with (2) the removal of hazardous coatings or non-Federal interests to share the costs of SEC. 2045. PRIORITIZATION OF ECOSYSTEM RES- other hazardous materials that are present operation, maintenance, and management of TORATION EFFORTS. in sufficient concentrations to create an oc- recreation facilities and natural resources at For authorized projects with a primary cupational or environmental hazard; and recreation areas that are jointly managed purpose of ecosystem restoration, the Sec- (3) any other activities the Secretary de- retary shall give funding priority to and funded under this subsection. (c) FUNDING TRANSFER AUTHORITY.— termines to be appropriate. projects— (c) EXCEPTION.—The Secretary may ap- (1) IN GENERAL.—If the Secretary deter- (1) that— prove exceptions to the use of certified con- mines that it is in the public interest for (A) address an identified threat to public tractors under subsection (b) only after pub- purposes of enhancing recreation opportuni- health, safety, or welfare; lic notice, with the opportunity for com- ties at Corps of Engineers water resources (B) preserve or restore ecosystems of nament, of any such proposal. development projects, the Secretary may tional significance; or SEC. 2049. PROJECT DEAUTHORIZATIONS. transfer funds appropriated for resource pro- (C) preserve or restore habitats of impor- (a) IN GENERAL.—Section 1001(b) of the tection, research, interpretation, and main- tance for federally protected species, includ- Water Resources Development Act of 1986 (33 tenance activities related to resource protec- ing migratory birds; and U.S.C. 579a(b)) is amended— tion in the areas at which outdoor recreation (2) for which the restoration activities will (1) by striking paragraph (2) and inserting is available at those Corps of Engineers contribute to other ongoing or planned Fed- the following: water resource development projects to eral, State, or local restoration initiatives. ‘‘(2) LIST OF PROJECTS.— State, local, and tribal governments and SEC. 2046. SPECIAL USE PERMITS. ‘‘(A) IN GENERAL.—Notwithstanding section such other public or private nonprofit enti- (a) SPECIAL USE PERMITS.— 3003 of Public Law 104–66 (31 U.S.C. 1113 note; ties as the Secretary determines to be appro- (1) IN GENERAL.—The Secretary may issue 109 Stat. 734), each year, after the submission priate. special permits for uses such as group activi- of the list under paragraph (1), the Secretary (2) COOPERATIVE AGREEMENTS.—Any trans- ties, recreation events, motorized recreation shall submit to Congress a list of projects or fer of funds pursuant to this subsection shall vehicles, and such other specialized recre- separable elements of projects that have be carried out through the execution of a co- ation uses as the Secretary determines to be been authorized but that have received no operative agreement, which shall contain appropriate, subject to such terms and condi- obligations during the 5 full fiscal years pre- such terms and conditions as the Secretary tions as the Secretary determines to be in ceding the submission of that list. determines to be necessary in the public in- the best interest of the Federal Government. ‘‘(B) ADDITIONAL NOTIFICATION.—On submis- terest. (2) FEES.— sion of the list under subparagraph (A) to (d) SERVICES OF VOLUNTEERS.—Chapter IV (A) IN GENERAL.—In carrying out this sub- of title I of Public Law 98–63 (33 U.S.C. 569c) Congress, the Secretary shall notify— section, the Secretary may— is amended— ‘‘(i) each Senator in whose State and each (i) establish and collect fees associated (1) in the first sentence, by inserting ‘‘, in- Member of the House of Representatives in with the issuance of the permits described in cluding expenses relating to uniforms, trans- whose district a project (including any part paragraph (1); or portation, lodging, and the subsistence of of a project) on that list would be located; (ii) accept in-kind services in lieu of those those volunteers, without regard to the place and fees. of residence of the volunteers,’’ after ‘‘inci- ‘‘(ii) each applicable non-Federal interest (B) OUTDOOR RECREATION EQUIPMENT.—The dental expenses’’; and associated with a project (including any part Secretary may establish and collect fees for (2) by inserting after the first sentence the of a project) on that list. the provision of outdoor recreation equip- following: ‘‘The Chief of Engineers may also ‘‘(C) DEAUTHORIZATION.—A project or sepa- ment and services at public recreation areas provide awards of up to $100 in value to vol- rable element included in the list under sub- located at lakes and reservoirs operated by unteers in recognition of the services of the paragraph (A) is not authorized after the last the Corps of Engineers. volunteers.’’ date of the fiscal year following the fiscal (C) USE OF FEES.—Any fees generated pur- (e) TRAINING AND EDUCATIONAL ACTIVI- year in which the list is submitted to Con- suant to this subsection shall be— TIES.—Section 213(a) of the Water Resources gress, if funding has not been obligated for (i) retained at the site collected; and Development Act of 2000 (33 U.S.C. 2339) is the planning, design, or construction of the (ii) available for use, without further ap- amended by striking ‘‘at’’ and inserting project or element of the project during that propriation, solely for administering the spe- ‘‘about’’. period.’’; and cial permits under this subsection and car- SEC. 2047. OPERATIONS AND MAINTENANCE ON (2) by adding at the end the following: rying out related operation and maintenance FUEL TAXED INLAND WATERWAYS. ‘‘(3) MINIMUM FUNDING LIST.—At the end of activities at the site at which the fees are (a) IN GENERAL.—Notwithstanding any each fiscal year, the Secretary shall submit collected. other provision of law, the Secretary shall to Congress a list of— (b) COOPERATIVE MANAGEMENT.— have responsibility for 65 percent of the costs ‘‘(A) projects or separable elements of (1) PROGRAM.— of the operation, maintenance, repair, reha- projects authorized for construction for (A) IN GENERAL.—Subject to subparagraph bilitation, and replacement of any flood which funding has been obligated in the 5 (B), the Secretary may enter into an agree- gate, as well as any pumping station con- previous fiscal years;

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‘‘(B) the amount of funding obligated per (II) QUESTIONNAIRES.—The Chairman of the consultation with local interests, may de- fiscal year; Committee on Environment and Public velop and submit to the Commission, the ‘‘(C) the current phase of each project or Works of the Senate shall notify the Execu- Committee on Environment and Public separable element of a project; and tive Clerk in writing when the appropriate Works of the Senate, and the Committee on ‘‘(D) the amount required to complete biographical and financial questionnaires Transportation and Infrastructure of the those phases. have been received from an individual nomi- House of Representatives, a detailed state- ‘‘(4) REPORT.— nated for a position under clause (i). wide water resources plan that includes a ‘‘(A) IN GENERAL.—Not later than 180 days (III) PRIVILEGED NOMINATIONS; INFORMATION list of each water resources project that the after the date of enactment of the Water Re- RECEIVED.—On receipt of the certification State recommends for deauthorization. sources Development Act of 2013, the Sec- under subclause (II), the nomination shall— (4) CORPS OF ENGINEERS INFRASTRUCTURE retary shall compile and publish a complete (aa) be placed on the Executive Calendar list of all uncompleted, authorized projects under the heading ‘‘Privileged Nomination— PLAN.—Not later than 2 years after the date of the Corps of Engineers, including for each Information Received’’ and remain on the of enactment of this Act, the Secretary shall project on that list— Executive Calendar under that heading for 10 submit to the Commission, the Committee ‘‘(i) the original budget authority for the session days; and on Environment and Public Works of the project; (bb) after the expiration of the period re- Senate, and the Committee on Transpor- ‘‘(ii) the status of the project; ferred to in item (aa), be placed on the tation and Infrastructure of the House of ‘‘(iii) the estimated date of completion of ‘‘Nominations’’ section of the Executive Cal- Representatives a detailed plan that— the project; endar. (A) contains a detailed list of each water ‘‘(iv) the estimated cost of completion of (IV) REFERRAL TO COMMITTEE OF JURISDIC- resources project that the Corps of Engineers the project; and TION.—During the period when a nomination recommends for deauthorization; and ‘‘(v) any amounts for the project that re- under clause (i) is listed under the ‘‘Privi- (B) is based on assessment by the Sec- main unobligated. leged Nomination—Information Requested’’ retary of the needs of the United States for ‘‘(B) PUBLICATION.— section of the Executive Calendar described water resources infrastructure, taking into ‘‘(i) IN GENERAL.—The Secretary shall sub- in subclause (I)(aa) or the ‘‘Privileged Nomi- account public safety, the economy, and the mit a copy of the list under subparagraph (A) nation—Information Received’’ section of environment. the Executive Calendar described in sub- to— (5) REVIEW AND RECOMMENDATION COMMIS- ‘‘(I) the appropriate committees of Con- clause (III)(aa)— SION.— gress; and (aa) any Senator may request on his or her (A) IN GENERAL.—On the appointment and ‘‘(II) the Director of the Office of Manage- own behalf, or on the behalf of any identified confirmation of all members of the Commis- ment and Budget. Senator that the nomination be referred to sion, the Commission shall solicit public ‘‘(ii) PUBLIC AVAILABILITY.—Not later than the appropriate committee of jurisdiction; comment on water resources infrastructure 30 days after providing the report to Con- and gress under clause (i), the Secretary shall (bb) if a Senator makes a request described issues and priorities and recommendations make a copy of the list available on a pub- in paragraph item (aa), the nomination shall for deauthorization, including by— be referred to the appropriate committee of licly accessible Internet site, in a manner (i) holding public hearings throughout the jurisdiction. that is downloadable, searchable, and sort- United States; and (V) EXECUTIVE CALENDAR.—The Secretary able.’’. (ii) receiving written comments. of the Senate shall create the appropriate (b) INFRASTRUCTURE DEAUTHORIZATION COM- (B) RECOMMENDATIONS.— MISSION.— sections on the Executive Calendar to reflect (i) IN GENERAL.—Not later than 4 years (1) PURPOSES.—The purposes of this sub- and effectuate the requirements of this after the date of enactment of this Act, the section are— clause. Commission shall submit to Congress a list (A) to establish a process for identifying (VI) COMMITTEE JUSTIFICATION FOR NEW EX- of water resources projects of the Corps of authorized Corps of Engineers water re- ECUTIVE POSITIONS.—The report accom- Engineers for deauthorization. panying each bill or joint resolution of a sources projects that are no longer in the (ii) CONSIDERATIONS.—In carrying out this public character reported by any committee Federal interest and no longer feasible; paragraph, the Commission shall establish shall contain an evaluation and justification (B) to create a commission— criteria for evaluating projects for deauthor- (i) to review suggested deauthorizations, made by that committee for the establishment in the measure being reported of any ization, which shall include consideration including consideration of recommendations of— of the States and the Secretary for the de- new position appointed by the President within an existing or new Federal entity. (I) the infrastructure plans submitted by authorization of water resources projects; the States and the Secretary under para- and (iii) QUALIFICATIONS.—Members of the Commission shall be knowledgeable about graphs (3) and (4); (ii) to make recommendations to Congress; (II) any public comment received during (C) to ensure public participation and com- Corps of Engineers water resources projects. the period described in subparagraph (A); ment; and (iv) GEOGRAPHICAL DIVERSITY.—To the (III) public safety and security; (D) to provide oversight on any rec- maximum extent practicable, the members (IV) the environment; and ommendations made to Congress by the of the Commission shall be geographically (V) the economy. Commission. diverse. (C) NON-ELIGIBLE PROJECTS.—The following (2) INFRASTRUCTURE DEAUTHORIZATION COM- (D) COMPENSATION OF MEMBERS.— MISSION.— (i) IN GENERAL.—Each member of the Com- types of projects shall not be eligible for re- (A) ESTABLISHMENT.—There is established mission who is not an officer or employee of view for deauthorization by the Commission: an independent commission to be known as the Federal Government shall be com- (i) Any project authorized after the date of the ‘‘Infrastructure Deauthorization Com- pensated at a rate equal to the daily equiva- enactment of the Water Resources Develop- mission’’ (referred to in this paragraph as lent of the annual rate of basic pay pre- ment Act of 1996 (Public Law 104–303; 110 the ‘‘Commission’’). scribed for level IV of the Executive Sched- Stat. 3658), including any project that has (B) DUTIES.—The Commission shall carry ule under section 5315 of title 5, United been reauthorized after that date. out the review and recommendation duties States Code, for each day (including travel (ii) Any project that, as of the date of en- described in paragraph (5). time) during which the member is engaged in actment of this Act, is undergoing a review (C) MEMBERSHIP.— the performance of the duties of the Com- by the Corps of Engineers. (i) IN GENERAL.—The Commission shall be mission. (iii) Any project that has received appro- composed of 8 members, who shall be ap- (ii) FEDERAL EMPLOYEES.—All members of priations in the 10-year period ending on the pointed by the President, by and with the ad- the Commission who are officers or employ- date of enactment of this Act. ees of the United States shall serve without vice and consent of the Senate according to (iv) Any project that, on the date of enact- compensation in addition to that received the expedited procedures described in clause ment of this Act, is more than 50 percent for their services as officers or employees of (ii). complete. the United States. (ii) EXPEDITED NOMINATION PROCEDURES.— (v) Any project that has a viable non-Fed- (I) PRIVILEGED NOMINATIONS; INFORMATION (iii) TRAVEL EXPENSES.—The members of the Commission shall be allowed travel ex- eral sponsor. REQUESTED.—On receipt by the Senate of a (D) CONGRESSIONAL DISAPPROVAL.—Any nomination under clause (i), the nomination penses, including per diem in lieu of subsistence, at rates authorized for employees of water resources project recommended for de- shall— authorization on the list submitted to Con- (aa) be placed on the Executive Calendar agencies under subchapter I of chapter 57 of gress under subparagraph (B) shall be under the heading ‘‘Privileged Nomina- title 5, United States Code, while away from tions—Information Requested’’; and their homes or regular places of business in deemed to be deauthorized unless Congress (bb) remain on the Executive Calendar the performance of service for the Commis- passes a joint resolution disapproving of the under that heading until the Executive Clerk sion. entire list of deauthorized water resources receives a written certification from the (3) STATE WATER RESOURCES INFRASTRUC- projects prior to the date that is 180 days Chairman of the committee of jurisdiction TURE PLAN.—Not later than 2 years after the after the date on which the Commission sub- under subclause (II). date of enactment of this Act, each State, in mits the list to Congress.

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(6) APPLICATION.—For purposes of this sub- which are used to support a contracted con- (2) the benefits of the plan exceed the costs section, water resources projects shall in- struction project.’’. of the plan. clude environmental infrastructure assist- SEC. 2052. INVASIVE SPECIES REVIEW. (b) NON-FEDERAL COST SHARE.—If the Sec- ance projects and programs of the Corps of The Secretary, in consultation with the retary constructs a locally preferred plan Engineers. Director of the United States Fish and Wild- under subsection (a), the Federal share of the SEC. 2050. REPORTS TO CONGRESS. life Service, the Chairman of the Tennessee cost of the project shall be not greater than the share as provided by law for elements of (a) IN GENERAL.—Subject to the avail- Valley Authority, and other applicable heads ability of appropriations, the Secretary shall of Federal agencies, shall— the national economic development plan. complete and submit to Congress by the ap- (1) carry out a review of existing Federal SEC. 2056. MISSISSIPPI RIVER FORECASTING IM- plicable date required the reports that ad- authorities relating to responding to PROVEMENTS. (a) IN GENERAL.—The Secretary, in con- dress public safety and enhanced local par- invasive species, including aquatic weeds, sultation with the Secretary of the depart- ticipation in project delivery described in aquatic snails, and other aquatic invasive ment in which the Coast Guard is operating, subsection (b). species, that have an impact on water re- the Director of the United States Geological (b) REPORTS.—The reports referred to in sources; and Survey, the Administrator of the National subsection (a) are the reports required (2) based on the review under paragraph (1), Oceanic and Atmospheric Administration, under— make any recommendations to Congress and and the Director of the National Weather (1) section 2020; applicable State agencies for improving Fed- Service, as applicable, shall improve fore- (2) section 2022; eral and State laws to more effectively re- casting on the Mississippi River by— (3) section 2025; spond to the threats posed by those invasive (1) updating forecasting technology de- (4) section 2026; species. ployed on the Mississippi River and its tribu- (5) section 2039; SEC. 2053. WETLANDS CONSERVATION STUDY. taries through— (6) section 2040; (a) IN GENERAL.—The Comptroller General (A) the construction of additional auto- (7) section 6007; and of the United States shall carry out a study mated river gages; (8) section 10015. to identify all Federal programs relating to (B) the rehabilitation of existing auto- (c) FAILURE TO PROVIDE A COMPLETED RE- wetlands conservation. (b) REPORT.—The Comptroller General of mated and manual river gages; and PORT.— the United States shall submit to Congress a (C) the replacement of manual river gages (1) IN GENERAL.—Subject to subsection (d), with automated gages, as the Secretary de- if the Secretary fails to provide a report list- report based on the study under subsection termines to be necessary; ed under subsection (b) by the date that is (a) describing options for maximizing wet- (2) constructing additional sedimentation 180 days after the applicable date required lands conservation benefits while reducing redundancy, increasing efficiencies, and re- ranges on the Mississippi River and its tribu- for that report, $5,000 shall be reprogrammed ducing costs. taries; and from the General Expenses account of the (3) deploying additional automatic identi- civil works program of the Army Corps of SEC. 2054. DAM MODIFICATION STUDY. fication system base stations at river gage Engineers into the account of the division of (a) IN GENERAL.—The Comptroller General of the United States shall, in consultation sites. the Army Corps of Engineers with responsi- (b) PRIORITIZATION.—In carrying out this bility for completing that report. with the Corps of Engineers, the South- eastern Power Administration, Federal hy- section, the Secretary shall prioritize the (2) SUBSEQUENT REPROGRAMMING.—Subject dropower customers, downstream commu- sections of the Mississippi River on which to subsection (d), for each additional week nities, and other stakeholders, carry out a additional and more reliable information after the date described in paragraph (1) in study to evaluate the structural modifica- would have the greatest impact on maintain- which a report described in that paragraph tions made at Federal dams in the Cum- ing navigation on the Mississippi River. remains uncompleted and unsubmitted to berland River Basin beginning on January 1, (c) REPORT.—Not later than 1 year after Congress, $5,000 shall be reprogrammed from 2000. the date of enactment of this Act, the Sec- the General Expenses account of the civil (b) CONTENTS.—The study under subsection retary shall submit to Congress a report on works program of the Army Corps of Engi- (a) shall examine— the activities carried out by the Secretary neers into the account of the division of the (1) whether structural modifications at under this section. Secretary of the Army with responsibility each dam have utilized new state-of-the-art SEC. 2057. FLEXIBILITY IN MAINTAINING NAVIGA- for completing that report. design criteria deemed necessary for safety TION. (d) LIMITATIONS.— purposes that have not been used in other (a) IN GENERAL.—If the Secretary, in con- (1) IN GENERAL.—For each report, the total circumstances; sultation with the Secretary of the depart- amounts reprogrammed under subsection (c) (2) whether structural modifications at ment in which the Coast Guard is operating, shall not exceed, in any fiscal year, $50,000. each dam for downstream safety were exe- determines it to be critical to maintaining (2) AGGREGATE LIMITATION.—The total cuted in accordance with construction cri- safe and reliable navigation within the au- amount reprogrammed under subsection (c) teria that had changed from the original thorized Federal navigation channel on the in a fiscal year shall not exceed $200,000. construction criteria; Mississippi River, the Secretary may carry (e) NO FAULT OF THE SECRETARY.—Amounts (3) whether structural modifications at out only those activities outside the author- shall not be reprogrammed under subsection each dam assured safety; ized Federal navigation channel along the (c) if the Secretary certifies in a letter to the (4) any estimates by the Corps of Engineers Mississippi River, including the construction applicable committees of Congress that— of consequences of total dam failure if state- and operation of maintenance of fleeting (1) a major modification has been made to of-the-art construction criteria deemed nec- areas, that are necessary for safe and reli- the content of the report that requires addi- essary for safety purposes were not em- able navigation in the Federal channel. tional analysis for the Secretary to make a ployed; and (b) REPORT.—Not later than 60 days after final decision on the report; (5) whether changes in underlying geology initiating an activity under this section, the (2) amounts have not been appropriated to at any of the Federal dams in the Cum- Secretary shall submit to the Committee on the agency under this Act or any other Act berland River Basin required structural Environment and Public Works of the Senate to carry out the report; or modifications to assure dam safety. and the Committee on Transportation and (3) additional information is required from (c) REPORT.—Not later than 1 year after Infrastructure of the House of Representa- an entity other than the Corps of Engineers the date of enactment of this Act, the Comp- tives a report that includes— and is not available in a timely manner to troller General of the United States shall (1) a description of the activities under- complete the report by the deadline. submit to Congress a report based on the taken, including the costs associated with (f) LIMITATION.—The Secretary shall not study under subsection (a) with findings on the activities; and reprogram funds to reimburse the Office of whether, with respect to structural modifica- (2) a comprehensive description of how the the Assistant Secretary of the Army for tions at Federal dams in the Cumberland activities are necessary for maintaining safe Civil Works for the loss of the funds. River Basin, the Corps of Engineers has se- and reliable navigation of the Federal chan- (g) AUTHORIZATION OF APPROPRIATIONS.— lected and implemented design criteria that nel. There is authorized to be appropriated to rely on state-of-the-art design and construc- SEC. 2058. RESTRICTED AREAS AT CORPS OF EN- carry out this section $10,000,000. tion criteria that will provide for the safety GINEERS DAMS. SEC. 2051. INDIAN SELF-DETERMINATION AND of downstream communities. (a) DEFINITIONS.—In this section: EDUCATION ASSISTANCE ACT CON- SEC. 2055. NON-FEDERAL PLANS TO PROVIDE AD- (1) RESTRICTED AREA.—The term ‘‘re- FORMING AMENDMENT. DITIONAL FLOOD RISK REDUCTION. stricted area’’ means a restricted area for Section 106(k) of the Indian Self-Deter- (a) IN GENERAL.—If requested by a non- hazardous waters at dams and other civil mination and Education Assistance Act (25 Federal interest, the Secretary shall con- works structures in the Cumberland River U.S.C. 450j–1(k)) is amended by adding at the struct a locally preferred plan that provides basin established pursuant to chapter 10 of end the following: a higher level of protection than a flood risk the regulation entitled ‘‘Project Operations: ‘‘(13) Interest payments, the retirement of management project authorized under this Navigation and Dredging Operations and principal, the costs of issuance, and the costs Act if the Secretary determines that— Maintenance Policies’’, published by the of insurance or a similar credit support for a (1) the plan is technically feasible and en- Corps of Engineers on November 29, 1996, and debt financing instrument, the proceeds of vironmentally acceptable; and any related regulations or guidance.

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(2) STATE.—The term ‘‘State’’ means the (3) the Tennessee-Tombigbee Waterway, to the Secretary carrying out such oper- applicable agency of the State (including an completed in 1984, has fueled growth in the ations and maintenance, and may receive official of that agency) in which the applica- United States economy by reducing trans- credit for the costs incurred by the non-Fed- ble dam is located that is responsible for en- portation costs and encouraging economic eral interest in carrying out such activities forcing boater safety. development; and towards that non-Federal interest’s share of (b) RESTRICTION ON PHYSICAL BARRIERS.— (4) the selfless determination and tireless construction costs for a federally authorized Subject to subsection (c), the Secretary, act- work of Donald G. Waldon, while serving as element of the same project or another fed- ing through the Chief of Engineers, in the es- administrator of the waterway compact for erally authorized navigation project, except tablishing and enforcing restricted areas, 21 years, contributed greatly to the realiza- that in no instance may such credit exceed shall not take any action to establish a per- tion and success of the Tennessee-Tombigbee 20 percent of the costs associated with con- manent physical barrier to prevent public Waterway. struction of the general navigation features access to waters downstream of a dam owned (b) SENSE OF CONGRESS.—It is the sense of of the project for which such credit may be by the Corps of Engineers. Congress that, at an appropriate time and in received pursuant to this section. (c) EXCLUSIONS.—For purposes of this sec- accordance with the rules of the House of SEC. 2063. RIVER BASIN COMMISSIONS. tion, the installation and maintenance of Representatives and the Senate, the lock and Section 5019 of the Water Resources Devel- measures for alerting the public of hazardous dam located at mile 357.5 on the Tennessee- opment Act of 2007 (121 Stat. 1201) is amend- water conditions and restricted areas, in- Tombigbee Waterway should be known and cluding sirens, strobe lights, and signage, ed by striking subsection (b) and inserting designated as the ‘‘Donald G. Waldon Lock the following: shall not be considered to be a permanent and Dam’’. ‘‘(b) AUTHORIZATION TO ALLOCATE.— physical barrier under subsection (b). SEC. 2061. IMPROVING PLANNING AND ADMINIS- ‘‘(1) IN GENERAL.—Subject to paragraph (2), (d) ENFORCEMENT.— TRATION OF WATER SUPPLY STOR- (1) IN GENERAL.—Enforcement of a re- AGE. the Secretary shall allocate funds from the stricted area shall be the sole responsibility (a) IN GENERAL.—The Secretary shall carry General Expenses account of the civil works of a State. out activities to enable non-Federal inter- program of the Army Corps of Engineers to (2) EXISTING AUTHORITIES.—The Secretary ests to anticipate and accurately budget for the Susquehanna River Basin Commission, shall not assess any penalty for entrance annual operations and maintenance costs Delaware River Basin Commission, and the into a restricted area under section 4 of the and, as applicable, repair, rehabilitation, and Interstate Commission on the Potomac Act entitled ‘‘An Act authorizing the con- replacements costs, including through— River Basin to fulfill the equitable funding struction of certain public works on rivers (1) the formulation by the Secretary of a requirements of the respective interstate and harbors for flood control, and for other uniform billing statement format for those compacts on an annual basis and in amounts purposes’’, approved December 22, 1944 (16 storage agreements relating to operations equal to the amount determined by Commis- U.S.C. 460d). and maintenance costs, and as applicable, re- sion in accordance with the respective inter- (e) DEVELOPMENT OR MODIFICATION OF RE- pair, rehabilitation, and replacement costs, state compact. STRICTED AREAS.—In establishing a new re- incurred by the Secretary, which, at a min- ‘‘(2) LIMITATION.—Not more than 1.5 per- stricted area or modifying an existing re- imum, shall include— cent of funds from the General Expenses ac- stricted area, the Secretary shall— (A) a detailed description of the activities count of the civil works program of the (1) ensure that any restrictions are based carried out relating to the water supply as- Army Corps of Engineers may be allocated in on operational conditions that create haz- pects of the project; carrying out paragraph (1) for any fiscal ardous waters; and (B) a clear explanation of why and how year. (2) publish a draft describing the restricted those activities relate to the water supply ‘‘(3) REPORT.—For any fiscal year in which area and seek and consider public comment aspects of the project; and funds are not allocated in accordance with on that draft prior to establishing or modi- (C) a detailed accounting of the cost of car- paragraph (1), the Secretary shall submit to fying any restricted area. rying out those activities; and the Committee on Environment and Public (f) EFFECTIVE DATE.— (2) a review by the Secretary of the regula- Works of the Senate and the Committee on (1) IN GENERAL.—Subject to paragraph (2), tions and guidance of the Corps of Engineers Transportation and Infrastructure of the this section shall apply to the establishment relating to criteria and methods for the equi- House of Representatives a report that de- of a new restricted area or the modification table distribution of joint project costs scribes— of an existing restricted area on or after Au- across project purposes in order to ensure ‘‘(A) the reasons why the Corps of Engi- gust 1, 2012. consistency in the calculation of the appro- neers chose not to allocate funds in accord- (2) EXISTING RESTRICTIONS.—If the Sec- priate share of joint project costs allocable ance with that paragraph; and retary, acting through the Chief of Engi- to the water supply purpose. ‘‘(B) the impact of the decision not to allo- neers, has established a new restricted area (b) REPORT TO CONGRESS.— cate funds on water supply allocation, water or modified an existing restricted area dur- (1) IN GENERAL.—Not later than 1 year after quality protection, regulatory review and ing the period beginning on August 1, 2012, the date of enactment of this Act, the Sec- permitting, water conservation, watershed and ending on the date of enactment of this retary shall submit to Congress a report on planning, drought management, flood loss Act, the Secretary shall— the findings of the reviews carried out under reduction, and recreation in each area of ju- (A) cease implementing the restricted area subsection (a)(2) and any subsequent actions risdiction of the respective Commission.’’. until the later of— taken by the Secretary relating to those re- SEC. 2064. RESTRICTION ON CHARGES FOR CER- (i) such time as the restricted area meets views. TAIN SURPLUS WATER. the requirements of this section; and (2) INCLUSIONS.—The report under para- (a) IN GENERAL.—No fee for surplus water (ii) the date that is 2 years after the date graph (1) shall include an analysis of the fea- shall be charged under a contract for surplus of enactment of this Act; and sibility and costs associated with the provi- water if the contract is for surplus water (B) remove any permanent physical bar- sion by the Secretary to each non-Federal stored on the Missouri River. riers constructed in connection with the re- interest of not less than 1 statement each (b) OFFSET.—Of the amounts previously stricted area. year that details for each water storage made available for ‘‘Corps of Engineers– SEC. 2059. MAXIMUM COST OF PROJECTS. agreement with non-Federal interests at Civil, Department of the Army, Operations Section 902 of the Water Resources Devel- Corps of Engineers projects the estimated and Maintenance’’ that remain unobligated opment Act of 1986 (33 U.S.C. 2280) is amend- amount of the operations and maintenance as of the effective date of this Act, $5,000,000 ed— costs and, as applicable, the estimated is hereby rescinded. (1) by striking ‘‘In order to’’ and inserting amount of the repair, rehabilitation, and re- (c) None of the funds under subsection (b) the following: placement costs, for which the non-Federal may be rescinded from amounts that were ‘‘(a) IN GENERAL.—In order to’’; and interest will be responsible in that fiscal designated by the Congress as an emergency (2) by adding at the end the following: year. requirement pursuant to the Concurrent ‘‘(b) CONTRIBUTED FUNDS.—Nothing in this (3) EXTENSION.—The Secretary may delay Resolution on the Budget or the Balanced section affects the authority of the Sec- the submission of the report under paragraph Budget and Emergency Deficit Control Act retary to complete construction of a water (1) for a period not to exceed 180 days after of 1985, as amended. resources development project using funds the deadline described in paragraph (1), sub- TITLE III—PROJECT MODIFICATIONS contributed under section 5 of the Act of ject to the condition that the Secretary sub- SEC. 3001. PURPOSE. June 22, 1936 (33 U.S.C. 701h).’’. mits a preliminary progress report to Con- The purpose of this title is to modify exist- SEC. 2060. DONALD G. WALDON LOCK AND DAM. gress not later than 1 year after the date of ing water resource project authorizations, (a) FINDINGS.—Congress finds that— enactment of this Act. subject to the condition that the modifica- (1) the Tennessee-Tombigbee Waterway De- SEC. 2062. CREDITING AUTHORITY FOR FEDER- velopment Authority is a 4-State compact ALLY AUTHORIZED NAVIGATION tions do not affect authorized costs. comprised of the States of Alabama, Ken- PROJECTS. SEC. 3002. CHATFIELD RESERVOIR, COLORADO. tucky, Mississippi, and Tennessee; A non-Federal interest for a navigation Section 116 of the Energy and Water Devel- (2) the Tennessee-Tombigbee Authority is project may carry out operation and mainte- opment and Related Agencies Appropriations the regional non-Federal sponsor of the Ten- nance activities for that project subject to Act, 2009 (123 Stat. 608), is amended in the nessee-Tombigbee Waterway; all applicable requirements that would apply matter preceding the proviso by inserting

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MY6.012 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3475 ‘‘(or a designee of the Department)’’ after minutes 12 seconds E., 1583.91 feet to a point, ing on the Left Toe of the 60-foot-wide main ‘‘Colorado Department of Natural Re- on the outline of said 60-foot-wide channel navigational channel at computed Centerline sources’’. thence binding on said out-line the following Station No. 43+92.67, coordinates North SEC. 3003. MISSOURI RIVER RECOVERY IMPLE- eight courses and distances: S. 63 degrees 25 170415.41, 1614566.76. MENTATION COMMITTEE EXPENSES minutes 38 seconds E., 1366.25 feet to a point, (c) THOMASTON HARBOR, GEORGES RIVER, REIMBURSEMENT. thence; N. 83 degrees 36 minutes 24 seconds MAINE.—Beginning on the date of enactment Section 5018(b)(5) of the Water Resources E., 125.85 feet to a point, thence; N. 50 de- of this Act, the Secretary is no longer au- Development Act of 2007 (121 Stat. 1200) is grees 38 minutes 26 seconds E., 805.19 feet to thorized to carry out the portion of the amended by striking subparagraph (B) and a point, thence; N. 12 degrees 12 minutes 29 project for navigation, Georges River, Maine inserting the following: seconds E., 78.33 feet to a point thence; N. 26 (Thomaston Harbor), authorized by the first ‘‘(B) TRAVEL EXPENSES.—Subject to the degrees 13 minutes 28 seconds W., 46.66 feet section of the Act of June 3, 1896 (29 Stat. availability of funds, the Secretary may re- to a point thence; S. 63 degrees 45 minutes 41 215, chapter 314), and modified by section 317 imburse a member of the Committee for seconds W., 54.96 feet to a point thence; N. 26 of the Water Resources Development Act of travel expenses, including per diem in lieu of degrees 13 minutes 24 seconds W., 119.94 feet 2000 (Public Law 106–541; 114 Stat. 2604), that subsistence, at rates authorized for an em- to a point on the Left Toe of the 60-foot-wide lies northwesterly of a line commencing at ployee of a Federal agency under subchapter main navigational channel at computed Cen- point N87,220.51, E321,065.80 thence running I of chapter 57 of title 5, United States Code, terline Station No. 41+81.10, coordinates northeasterly about 125 feet to a point N87,338.71, E321,106.46. while away from the home or regular place North 157320.30, East 1640264.00. Geometry Right Toe of the 60-foot-wide main naviga- (d) WARWICK COVE, RHODE ISLAND.—Begin- of business of the member in performance of ning on the date of enactment of this Act, services for the Committee.’’. tional ship channel, Right Toe Station No. 0+00, coordinates North 157824.70, East the Secretary is no longer authorized to SEC. 3004. HURRICANE AND STORM DAMAGE RE- carry out the portion of the project for navi- DUCTION STUDY. 1636941.90, as stated and depicted on the Con- dition Survey Goose Creek, Sheet 1 of 1, pre- gation, Warwick Cove, Rhode Island, author- With respect to the study for flood and ized by section 107 of the River and Harbor pared by the United States Army Corps of storm damage reduction related to natural Act of 1960 (33 U.S.C. 577) that is located Engineers, Baltimore District, August 2010; disasters to by carried out by the Secretary within the 5 acre anchorage area east of the thence departing the aforementioned center- and authorized under the heading ‘‘INVES- channel and lying east of the line beginning line traveling the following courses and dis- TIGATIONS’’ under title II of division A of at a point with coordinates N220,349.79, tances: S. 64 degrees 49 minutes 06 seconds Public Law 113–2, the Secretary shall include E357,664.90 thence running north 9 degrees 10 E., 1583.82 feet to a point, on the outline of specific project recommendations in the re- minutes 21.5 seconds west 170.38 feet to a said 60-foot-wide channel thence binding on port developed for that study. point N220,517.99, E357,637.74 thence running said out-line the following six courses and north 17 degrees 44 minutes 30.4 seconds west SEC. 3005. LOWER YELLOWSTONE PROJECT, MON- distances: S. 63 degrees 25 minutes 47 seconds TANA. 165.98 feet to a point N220,676.08, E357,587.16 E., 1478.79 feet to a point, thence; N. 50 de- Section 3109 of the Water Resources Devel- thence running north 0 degrees 46 minutes 0.9 grees 38 minutes 26 seconds E., 1016.69 feet to opment Act of 2007 (121 Stat. 1135) is amend- seconds east 138.96 feet to a point N220,815.03, a point, thence; N. 26 degrees 14 minutes 49 ed— E357,589.02 thence running north 8 degrees 36 seconds W., 144.26 feet to a point, thence; N. (1) by striking ‘‘The Secretary may’’ and minutes 22.9 seconds east 101.57 feet to a 63 degrees 54 minutes 03 seconds E., 55.01 feet inserting the following: point N220,915.46, E357,604.22 thence running to a point thence; N. 26 degrees 12 minutes 08 ‘‘(a) IN GENERAL.—The Secretary may’’; north 18 degrees 18 minutes 27.3 seconds east seconds W., 120.03 feet to a point a point on and 168.20 feet to a point N221,075.14, E357,657.05 the Right Toe of the 60-foot-wide main navi- thence running north 34 degrees 42 minutes (2) by adding at the end the following: gational channel at computed Centerline ‘‘(b) LOCAL PARTICIPATION.—In carrying 7.2 seconds east 106.4 feet to a point Station No. 43+98.61, coordinates North N221,162.62, E357,717.63 thence running south out subsection (a), the Secretary shall con- 157395.40, East 1640416.50. 29 degrees 14 minutes 17.4 seconds east 26.79 sult with, and consider the activities being (b) LOWER THOROUGHFARE, DEAL ISLAND, feet to a point N221,139.24, E357,730.71 thence carried out by— MARYLAND.—Beginning on the date of enact- running south 30 degrees 45 minutes 30.5 sec- ‘‘(1) other Federal agencies; ment of this Act, the Secretary is no longer onds west 230.46 feet to a point N220,941.20, ‘‘(2) conservation districts; authorized to carry out the portion of the E357,612.85 thence running south 10 degrees 49 ‘‘(3) the Yellowstone River Conservation project for navigation, Lower Thoroughfare, minutes 12.0 seconds west 95.46 feet to a District Council; and Maryland, authorized by the Act of June 25, point N220,847.44, E357,594.93 thence running ‘‘(4) the State of Montana.’’. 1910 (36 Stat. 630, chapter 382) (commonly south 9 degrees 13 minutes 44.5 seconds east SEC. 3006. PROJECT DEAUTHORIZATIONS. known as the ‘‘River and Harbor Act of 491.68 feet to a point N220,362.12, E357,673.79 (a) GOOSE CREEK, SOMERSET COUNTY, MARY- 1910’’), that begins at Lower Thoroughfare thence running south 35 degrees 47 minutes LAND.—The project for navigation, Goose Channel Geometry Centerline of the 60-foot- 19.4 seconds west 15.20 feet to the point of or- Creek, Somerset County, Maryland, carried wide main navigational ship channel, Cen- igin. out pursuant to section 107 of the Rivers and terline Station No. 44+88, coordinates North (e) CLATSOP COUNTY DIKING DISTRICT NO. Harbor Act of 1960 (33 U.S.C. 577), is realigned 170435.62, East 1614588.93, as stated and de- 10, KARLSON ISLAND, OREGON.—Beginning on as follows: Beginning at Goose Creek Chan- picted on the Condition Survey Lower Thor- the date of enactment of this Act, the Sec- nel Geometry Centerline of the 60-foot-wide oughfare, Deal Island, Sheet 1 of 3, prepared retary is no longer authorized to carry out main navigational ship channel, Centerline by the United States Army Corps of Engi- the Diking District No. 10, Karlson Island Station No. 0+00, coordinates North 157851.80, neers, Baltimore District, August 2010; portion of the project for raising and improv- East 1636954.70, as stated and depicted on the thence departing the aforementioned center- ing existing levees in Clatsop County, Or- Condition Survey Goose Creek, Sheet 1 of 1, line traveling the following courses and dis- egon, authorized by section 5 of the Act of prepared by the United States Army Corps of tances: S. 42 degrees 20 minutes 44 seconds June 22, 1936 (33 U.S.C. 701h). Engineers, Baltimore District, July 2003; W., 30.00 feet to a point, on the outline of (f) NUMBERG DIKE NO. 34 LEVEED AREA, thence departing the aforementioned center- said 60-foot-wide channel thence binding on CLATSOP COUNTY DIKING DISTRICT NO. 13, line traveling the following courses and dis- said out-line the following four courses and CLATSOP COUNTY, OREGON (WALLUSKI- tances: S. 64 degrees 49 minutes 06 seconds distances: N. 64 degrees 08 minutes 55 seconds YOUNGS).—Beginning on the date of enact- E., 1583.82 feet to a point, on the outline of W., 53.85 feet to a point, thence; N. 42 degrees ment of this Act, the Secretary is no longer said 60-foot-wide channel thence binding on 20 minutes 43 seconds W., 250.08 feet to a authorized to carry out the Numberg Dike said out-line the following four courses and point, thence; N. 47 degrees 39 minutes 03 No. 34 leveed area, Clatsop County Diking distances: S. 63 degrees 26 minutes 06 seconds seconds E., 20.00 feet to a point, thence; S. 42 District, No. 13, Walluski River and Youngs E., 1460.05 feet to a point, thence; N. 50 de- degrees 20 minutes 44 seconds E., 300.07 feet River dikes, portion of the project for raising grees 38 minutes 26 seconds E., 973.28 feet to to a point binding on the Left Toe of the 60- and improving existing levees in Clatsop a point, thence; N. 26 degrees 13 minutes 09 foot-wide main navigational channel at com- County, Oregon, authorized by section 5 of seconds W., 240.39 feet to a point on the Left puted Centerline Station No. 43+92.67, coordi- the Act of June 22, 1936 (33 U.S.C. 701h). Toe of the 60-foot-wide main navigational nates North 170415.41, 1614566.76; thence; con- (g) PORT OF HOOD RIVER, OREGON.— channel at computed Centerline Station No. tinuing with the aforementioned centerline (1) EXTINGUISHMENT OF PORTIONS OF EXIST- 42+57.54, coordinates North 157357.84, East the following courses and distances: S. 42 de- ING FLOWAGE EASEMENT.—With respect to the 1640340.23. Geometry Left Toe of the 60-foot- grees 20 minutes 42 seconds W., 30.00 feet to properties described in paragraph (2), begin- wide main navigational ship channel, Left a point, on the outline of said 60-foot-wide ning on the date of enactment of this Act, Toe Station No. 0+00, coordinates North channel thence binding on said out-line the the flowage easement identified as Tract 157879.00, East 1636967.40, as stated and de- following four courses and distances: N. 20 1200E–6 on the Easement Deed recorded as picted on the Condition Survey Goose Creek, degrees 32 minutes 06 seconds W., 53.85 feet Instrument No. 740320 is extinguished above Sheet 1 of 1, prepared by the United States to a point, thence; N. 42 degrees 20 minutes elevation 79.39 feet (NGVD 29) the Ordinary Army Corps of Engineers, Baltimore Dis- 49 seconds W., 250.08 feet to a point, thence; High Water Line. trict, August 2010; thence departing the S. 47 degrees 39 minutes 03 seconds W., 20.00 (2) AFFECTED PROPERTIES.—The properties aforementioned centerline traveling the fol- feet to a point, thence; S. 42 degrees 20 min- referred to in paragraph (1), as recorded in lowing courses and distances: S. 64 degrees 49 utes 46 seconds E., 300.08 feet to a point bind- Hood River County, Oregon, are as follows:

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(A) Instrument Number 2010–1235 #503 N381523.557, E2524319.406 a distance of (2) MAP.—The term ‘‘map’’ means the map (B) Instrument Number 2010–02366. about 235.98 feet, thence running south 32 de- contained in Exhibit A of Department of the (C) Instrument Number 2010–02367. grees 59 minutes 13 seconds west to channel Army Lease No. DACW57–1–88–0033 (or a suc- (D) Parcel 2 of Partition Plat #2011–12P. point #505 N381325.615, E2524190.925 a distance cessor instrument). (E) Parcel 1 of Partition Plat 2005–26P. of about 431.29 feet, thence running south 32 (b) CONVEYANCE AUTHORITY.—Subject to (3) FEDERAL LIABILITIES; CULTURAL, ENVI- degrees 36 minutes 05 seconds west to chan- the provisions of this section, the Secretary RONMENTAL, AND OTHER REGULATORY RE- nel point #509 N380962.276, E2523958.547, a dis- shall convey to the City by quitclaim deed, VIEWS.— tance of about 614.52 feet, thence running and without consideration, all right, title, (A) FEDERAL LIABILITY.—The United States south 89 degrees 05 minutes 00 seconds west and interest of the United States in and to shall not be liable for any injury caused by to channel point #511 N380952.445, the parcel of land described in subsection (c). the extinguishment of the easement under E2523344.107, a distance of about 74.68 feet, (c) DESCRIPTION OF LAND.— this subsection. thence running north 89 degrees 04 minutes (1) IN GENERAL.—Except as provided in (B) CULTURAL AND ENVIRONMENTAL REGU- 59 seconds west to channel point #512 paragraph (2), the land referred to in sub- LATORY ACTIONS.—Nothing in this subsection N381027.13, E2523342.91, a distance of about section (b) is the parcel totaling approxi- establishes any cultural or environmental 533.84 feet, thence running north 89 degrees mately 59 acres located in the City, together regulation relating to the properties de- 05 minutes 00 seconds east to channel point with any improvements thereon, including scribed in paragraph (2). #510 N381035.67, E2523876.69, a distance of the Hammond Marina (as described in the (4) EFFECT ON OTHER RIGHTS.—Nothing in about 47.86 feet, thence running north 61 de- map). this subsection affects any remaining right grees 02 minutes 07 seconds east to channel (2) EXCLUSION.—The land referred to in or interest of the Corps of Engineers in the point #508 N381058.84, E2523918.56, a distance subsection (b) shall not include the site pro- properties described in paragraph (2). of about 308.55 feet, thence running north 36 vided for the fisheries research support facil- (h) EIGHTMILE RIVER, CONNECTICUT.— degrees 15 minutes 29 seconds east to channel ity of the National Marine Fisheries Service. (1) The portion of the project for naviga- point #506 N381307.65, E2524101.05, distance of (3) AVAILABILITY OF MAP.—The map shall tion, Eightmile River, Connecticut, author- about 199.98 feet, thence running north 32 de- be on file in the Portland District Office of ized by the first section of the Act of June 25, grees 59 minutes 12 seconds east to channel the Corps of Engineers. 1910 (commonly known as the ‘‘River and point #504 N381475.40, E2524209.93, a distance (d) TERMS AND CONDITIONS.— Harbor Act of 1910’’) (36 Stat. 633, chapter of about 195.14 feet, thence running north 26 (1) IN GENERAL.—As a condition of the con- 382), that begins at a point of the existing 8- degrees 17 minutes 22 seconds east to channel veyance under subsection (b), the City shall foot channel limit with coordinates point #502 N381650.36, E2524296.36, a distance agree in writing— of about 81.82 feet, thence running north 88 N701002.39, E1109247.73, thence running north (A) that the City and any successor or as- degrees 51 minutes 05 seconds west to chan- 2 degrees 19 minutes 57.1 seconds east 265.09 sign of the City will release and indemnify nel point #419 N381732.17, E2524294.72 a dis- feet to a point N701267.26, E1109258.52, thence the United States from any claims or liabil- tance of about 262.65 feet, thence running running north 7 degrees 47 minutes 19.3 sec- ities that may arise from or through the op- north 82 degrees 01 minutes 02 seconds east onds east 322.32 feet to a point N701586.60, erations of the land conveyed by the United to channel point # 415a the point of origin. E1109302.20, thence running north 90 degrees 0 States; and (j) WALNUT CREEK, CALIFORNIA.—Beginning (B) to pay any cost associated with the minutes 0 seconds east 65.61 to a point on the date of enactment of this Act, the conveyance under subsection (b). N701586.60, E1109367.80, thence running south Secretary is no longer authorized to carry DDITIONAL TERMS AND CONDITIONS.— 7 degrees 47 minutes 19.3 seconds west 328.11 out the portion of the project for flood pro- (2) A feet to a point N701261.52, E1109323.34, thence tection on Walnut Creek, California, con- The Secretary may impose such additional running south 2 degrees 19 minutes 57.1 sec- structed in accordance with the plan author- terms, conditions, and requirements on the onds west 305.49 feet to an end at a point ized by section 203 of the Flood Control Act conveyance under subsection (b) as the Sec- N700956.28, E1109310.91 on the existing 8-foot of 1960 (Public Law 86–645; 74 Stat. 488) that retary considers appropriate to protect the channel limit, shall be reduced to a width of consists of the culvert on the San Ramon interest of the United States, including the 65 feet and the channel realigned to follow Creek constructed by the Department of the requirement that the City assume full re- the deepest available water. Army in 1971 that extends from Sta 4+27 to sponsibility for operating and maintaining (2) Beginning on the date of enactment of Sta 14+27. the channel and the breakwater. (e) REVERSION.—If the Secretary deter- this Act, the Secretary is no longer author- SEC. 3007. RARITAN RIVER BASIN, GREEN BROOK ized to carry out the portion of the project SUB-BASIN, NEW JERSEY. mines that the land conveyed under this sec- beginning at a point N701296.72, E1109262.55 Title I of the Energy and Water Develop- tion ceases to be owned by the public, all and running north 45 degrees 4 minutes 2.8 ment Appropriations Act, 1998 (Public Law right, title, and interest in and to the land seconds west 78.09 feet to a point N701341.18, 105–62; 111 Stat. 1327) is amended by striking shall, at the discretion of the Secretary, re- E1109217.98, thence running north 5 degrees 8 section 102. vert to the United States. minutes 34.6 seconds east 180.14 feet to a (f) DEAUTHORIZATION.—After the land is SEC. 3008. RED RIVER BASIN, OKLAHOMA, TEXAS, conveyed under this section, the land shall point N701520.59, E1109234.13, thence running ARKANSAS, LOUISIANA. no longer be a portion of the project for navi- north 54 degrees 5 minutes 50.1 seconds east (a) IN GENERAL.—The Secretary is author- gation, Hammond Small Boat Basin, Oregon, 112.57 feet to a point N701568.04, E1109299.66, ized to reassign unused irrigation storage authorized by section 107 of the Rivers and thence running south 7 degrees 47 minutes within a reservoir on the Red River Basin to 18.4 seconds west 292.58 feet to the point of municipal and industrial water supply for Harbor Act of 1960 (33 U.S.C. 577). origin; and the remaining area north of the use by a non-Federal interest if that non- SEC. 3011. METRO EAST FLOOD RISK MANAGE- channel realignment beginning at a point Federal interest has already contracted for a MENT PROGRAM, ILLINOIS. (a) IN GENERAL.—The following projects N700956.28, E1109310.91 thence running north 2 share of municipal and industrial water sup- shall constitute a program, to be known as degrees 19 minutes 57.1 seconds east 305.49 ply on the same reservoir. the ‘‘Metro East Flood Risk Management feet west to a point N701261.52, E1109323.34 (b) NON-FEDERAL INTEREST.—A reassign- Program, Illinois’’: north 7 degrees 47 minutes 18.4 seconds east ment of storage under subsection (a) shall be (1) Prairie du Pont Drainage and Levee 328.11 feet to a point N701586.60, E1109367.81 contingent upon the execution of an agree- District and Fish Lake Drainage and Levee thence running north 90 degrees 0 minutes 0 ment between the Secretary and the applica- District, Illinois, authorized by— seconds east 7.81 feet to a point N701586.60, ble non-Federal interest. (A) section 5 of the Act of June 22, 1936 (33 E1109375.62 thence running south 5 degrees 8 SEC. 3009. POINT JUDITH HARBOR OF REFUGE, U.S.C. 701h); and minutes 34.6 seconds west 626.29 feet to a RHODE ISLAND. (B) section 5070 of the Water Resources De- point N700962.83, E1109319.47 thence south 52 The project for the Harbor of Refuge at velopment Act of 2007 (Public Law 110–114; degrees 35 minutes 36.5 seconds 10.79 feet to Point Judith, Narragansett, Rhode Island, 121 Stat. 1220). the point of origin. adopted by the Act of September 19, 1890 (2) East St. Louis, Illinois, authorized by— (i) BURNHAM CANAL.—Beginning on the (commonly known as the ‘‘River and Harbor date of enactment of this Act, the Secretary Act of 1890’’) (26 Stat. 426, chapter 907), House (A) section 5 of the Act of June 22, 1936 (33 is no longer authorized to carry out the por- Document numbered 66, 51st Congress, 1st U.S.C. 701h); and tion of the project for navigation, Milwaukee Session, and modified to include the west (B) Energy and Water Development Appro- Harbor Project, Milwaukee, Wisconsin, shore arm breakwater under the first section priation Act, 1988 (Public Law 100–202; 101 known as the Burnham Canal, beginning at of the Act of June 25, 1910 (commonly known Stat. 1329–104). channel point #415a N381768.648, E2524554.836, as the ‘‘River and Harbor Act of 1910’’) (36 (3) Wood River Drainage and Levee Dis- a distance of about 170.58 feet, thence run- Stat. 632, chapter 382), is further modified to trict, Illinois, authorized by— ning south 53 degrees 43 minutes 41 seconds include shore protection and erosion control (A) section 4 of the Act entitled ‘‘An Act west to channel point #417 N381667.728, as project purposes. authorizing the construction of certain pub- E2524417.311, a distance of about 35.01 feet, SEC. 3010. LAND CONVEYANCE OF HAMMOND lic works on rivers and harbors for flood con- thence running south 34 degrees 10 minutes BOAT BASIN, WARRENTON, OREGON. trol, and for other purposes’’, approved June 40 seconds west to channel point #501 (a) DEFINITIONS.—In this section: 28, 1938 (52 Stat. 1218); and N381638.761, E2524397.639 a distance of about (1) CITY.—The term ‘‘City’’ means the city (B) section 1001(20) of the Water Resources 139.25 feet, thence running south 34 degrees of Warrenton, located in Clatsop County, Or- Development Act of 2007 (Public Law 110–114; 10 minutes 48 seconds west to channel point egon. 121 Stat. 1053).

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SEC. 3012. FLORIDA KEYS WATER QUALITY IM- ized by section 101(b) of the Water Resources (1) IN GENERAL.—Nothing in this section or PROVEMENTS. Development Act of 1990 (Pub. L. 101–640; 104 an amendment made by this section author- Section 109 of title I of division B of the Stat. 4611), as modified, is further modified izes the construction of a project or program Miscellaneous Appropriations Act, 2001 (114 to authorize the Secretary to include, as a associated with a storm surge barrier across Stat. 2763A–221, 121 Stat. 1217) is amended— part of the project, measures for flood risk the Lake Pontchartrain land bridge (includ- (1) in subsection (a), by inserting ‘‘and un- reduction, ecosystem restoration, and recre- ing Chef Menteur Pass and the Rigolets) that incorporated communities’’ after ‘‘munici- ation in the Compton Creek watershed. would result in unmitigated induced flooding palities’’; and SEC. 3016. OAKLAND INNER HARBOR TIDAL in coastal communities within the State of (2) by redesignating subsection (f) as sub- CANAL, CALIFORNIA. Mississippi. section (g); and Section 3182(b)(1) of the Water Resources (2) REQUIRED CONSULTATION.—Any study to (3) by inserting after subsection (e) the fol- Development Act of 2007 (Public Law 110–114; advance a project described in paragraph (1) lowing: 121 Stat. 1165) is amended— that is conducted using funds from the Gen- ‘‘(f) PRIORITY.—In providing assistance (1) in subparagraph (A), by inserting ‘‘, or eral Investigations Account of the Corps of under this section, the Secretary shall give to a multicounty public entity that is eligi- Engineers shall include consultation and ap- priority to projects sponsored by— ble to hold title to real property’’ after ‘‘To proval of the Governors of the States of Lou- ‘‘(1) the State of Florida; the city of Oakland’’; and isiana and Mississippi. ‘‘(2) Monroe County, Florida; and (2) by inserting ‘‘multicounty public entity SEC. 3019. FOUR MILE RUN, CITY OF ALEXANDRIA ‘‘(3) incorporated communities in Monroe or other’’ before ‘‘public entity’’. AND ARLINGTON COUNTY, VIRGINIA. County, Florida.’’. SEC. 3017. REDESIGNATION OF LOWER MIS- Section 84(a)(1) of the Water Resources De- SEC. 3013. DES MOINES RECREATIONAL RIVER SISSIPPI RIVER MUSEUM AND velopment Act of 1974 (Public Law 93–251; 88 AND GREENBELT, IOWA. RIVERFRONT INTERPRETIVE SITE. Stat. 35) is amended by striking ‘‘twenty- The boundaries for the project referred to (a) IN GENERAL.—Section 103(c)(1) of the seven thousand cubic feet per second’’ and as the Des Moines Recreational River and Water Resources Development Act of 1992 inserting ‘‘18,000 cubic feet per second’’. Greenbelt, Iowa under the heading ‘‘CORPS OF (106 Stat. 4811) is amended by striking SEC. 3020. EAST FORK OF TRINITY RIVER, TEXAS. ENGINEERS—CIVIL’’ under the heading ‘‘DE- ‘‘Lower Mississippi River Museum and River- The portion of the project for flood protec- PARTMENT OF THE ARMY’’ under the heading front Interpretive Site’’ and inserting ‘‘Jesse tion on the East Fork of the Trinity River, ‘‘DEPARTMENT OF DEFENSE—CIVIL’’ in Brent Lower Mississippi River Museum and Texas, authorized by section 203 of the Flood chapter IV of title I of the Supplemental Ap- Riverfront Interpretive Site’’. Control Act of 1962 (76 Stat. 1185), that con- propriations Act, 1985 (Public Law 99–88, 99 (b) REFERENCES.—Any reference in a law, sists of the 2 levees identified as ‘‘Kaufman Stat. 313) are revised to include the entirety map, regulation, document, paper, or other County Levees K5E and K5W’’ shall no longer of sections 19 and 29, situated in T89N, R28W. record of the United States to the museum be authorized as a part of the Federal project SEC. 3014. LAND CONVEYANCE, CRANEY ISLAND and interpretive site referred to in sub- as of the date of enactment of this Act. DREDGED MATERIAL MANAGEMENT section (a) shall be deemed to be a reference SEC. 3021. SEWARD WATERFRONT, SEWARD, AREA, PORTSMOUTH, VIRGINIA. to the ‘‘Jesse Brent Lower Mississippi River ALASKA. (a) IN GENERAL.—Subject to the conditions Museum and Riverfront Interpretive Site’’. (a) IN GENERAL.—The parcel of land in- described in this section, the Secretary may cluded in the Seward Harbor, Alaska naviga- convey to the Commonwealth of Virginia, by SEC. 3018. LOUISIANA COASTAL AREA. tion project identified as Tract H, Seward quitclaim deed and without consideration, (a) INTERIM ADOPTION OF COMPREHENSIVE Original Townsite, Waterfront Park Replat, all right, title, and interest of the United COASTAL MASTER PLAN.— Plat No 2012–4, Seward Recording District, States in and to 2 parcels of land situated (1) IN GENERAL.—Section 7002 of the Water shall not be subject to the navigation ser- within the project for navigation, Craney Is- Resources Development Act of 2007 (Public vitude (as of the date of enactment of this land Eastward Expansion, Norfolk Harbor Law 110–114; 121 Stat. 1270) is amended— Act). and Channels, Hampton Roads, Virginia, au- (A) by redesignating subsections (d) (b) ENTRY BY FEDERAL GOVERNMENT.—The thorized by section 1001(45) of the Water Re- through (f) as subsections (e) through (g), respectively; Federal Government may enter upon any sources Development Act of 2007 (Pub. L. 110– portion of the land referred to in subsection 114; 121 Stat. 1057), together with any im- (B) by inserting after subsection (c) the following: (a) to carry out any required operation and provements thereon. maintenance of the general navigation fea- (b) LANDS TO BE CONVEYED.— ‘‘(d) INTERIM ADOPTION OF COMPREHENSIVE tures of the project. (1) IN GENERAL.—The 2 parcels of land to be MASTER PLAN.—Prior to completion of the conveyed under this section include a parcel comprehensive plan described under sub- TITLE IV—WATER RESOURCE STUDIES consisting of approximately 307.82 acres of section (a), the Secretary shall adopt the SEC. 4001. PURPOSE. land and a parcel consisting of approxi- plan of the State of Louisiana entitled ‘Lou- The purpose of this title is to authorize the mately 13.33 acres of land, both located along isiana’s Comprehensive Master Plan for a Secretary to study and recommend solutions the eastern side of the Craney Island Sustainable Coast’ in effect on the date of for water resource issues relating to flood Dredged Material Management Area in enactment of the Water Resources Develop- risk and storm damage reduction, naviga- Portsmouth, Virginia. ment Act of 2013 (and subsequent plans), au- tion, and aquatic ecosystem restoration. (2) USE.—The 2 parcels of land described in thorized and defined pursuant to Act 8 of the SEC. 4002. INITIATION OF NEW WATER RE- paragraph (1) may be used by the Common- First Extraordinary Session of the Louisiana SOURCES STUDIES. wealth of Virginia exclusively for the pur- State Legislature, 2005, for protecting, pre- (a) IN GENERAL.—Subject to subsections pose of port expansion, including the provi- serving, and restoring the coastal Louisiana (b), (c), and (d), the Secretary may initiate a sion of road and rail access and the construc- ecosystem until implementation of the com- study— tion of a shipping container terminal. prehensive plan is complete.’’; and (1) to determine the feasibility of carrying (c) TERMS AND CONDITIONS.—Land conveyed (C) in subsection (g)(1) (as so redesignated), out 1 or more projects for flood risk manage- under this section shall be subject to— by striking ‘‘1 year’’ and inserting ‘‘10 ment, storm damage reduction, aquatic eco- (1) a reversionary interest in the United years’’. system restoration, navigation, hydropower, States if the land— (2) CONFORMING AMENDMENT.—Subsection or related purposes; or (A) ceases to be held in public ownership; (f) (as so redesignated) is amended by strik- (2) to carry out watershed and river basin or ing ‘‘subsection (d)(1)’’ and inserting ‘‘sub- assessments in accordance with section 729 (B) is used for any purpose that is incon- section (e)(1)’’. of the Water Resources Development Act of sistent with subsection (b); and (b) Section 7006 of the Water Resources De- 1986 (33 U.S.C. 2267a). (2) such other terms, conditions, reserva- velopment Act of 2007 (Public Law 110–114; (b) CRITERIA.—The Secretary may only ini- tions, and restrictions that the Secretary de- 121 Stat. 1274) is amended— tiate a study under subsection (a) if— termines to be necessary and appropriate to (1) in subsection (a)(2)— (1) the study— protect the interests of the United States. (A) by redesignating subparagraphs (C) and (A) has been requested by an eligible non- (d) LEGAL DESCRIPTION.—The exact acreage (D) as subparagraphs (D) and (E), respec- Federal interest; and legal description of land to be conveyed tively; and (B) is for an area that is likely to include under this section shall be determined by a (B) by inserting after subparagraph (B) the a project with a Federal interest; and survey that is satisfactory to the Secretary. following: (C) addresses a high-priority water re- (e) CONVEYANCE COSTS.—The Common- ‘‘(C) to examine a system-wide approach to source issue necessary for the protection of wealth of Virginia shall be responsible for all coastal sustainability, including— human life and property, the environment, costs associated with the conveyance author- ‘‘(i) flood and storm damage protection; or the national security interests of the ized by this section, including the cost of the ‘‘(ii) coastal restoration; and United States; and survey required under subsection (d) and ‘‘(iii) the elevation of public and private (2) the non-Federal interest has dem- other administrative costs. infrastructure;’’; and onstrated— SEC. 3015. LOS ANGELES COUNTY DRAINAGE (2) in subsection (c)(1)(E), by striking ‘‘at (A) that local support exists for addressing AREA, CALIFORNIA. Myrtle Grove’’ and inserting ‘‘in the vicinity the water resource issue; and The project for flood control, Los Angeles of Myrtle Grove’’. (B) the financial ability to provide the re- County Drainage Area, California, author- (c) EFFECT.— quired non-Federal cost-share.

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(c) CONGRESSIONAL APPROVAL.— the assessment carried out under paragraph sources Development Act of 2013, the Sec- (1) SUBMISSION TO CONGRESS.—Prior to ini- (1), maximizing the use of existing plans and retary, in cooperation with State and local tiating a study under subsection (a), the Sec- investigation, which plan shall include— governmental officials and affected stake- retary shall submit to the Committees on (A) an inventory and evaluation of coastal holders, shall develop a comprehensive Environment and Public Works and Appro- habitats; Chesapeake Bay restoration plan to guide priations of the Senate and the Committees (B) identification of aquatic resources in the implementation of projects under sub- on Transportation and Infrastructure and need of improvement; section (a)(2). Appropriations of the House— (C) identification and prioritization of po- ‘‘(2) COORDINATION.—The restoration plan (A) a description of the study, including tential aquatic habitat restoration projects; described in paragraph (1) shall, to the max- the geographical area addressed by the and imum extent practicable, consider and avoid study; (D) identification of geographical and eco- duplication of any ongoing or planned ac- (B) a description of how the study meets logical areas of concern, including— tions of other Federal, State, and local agen- each of the requirements of subsection (b); (i) finfish habitats; cies and nongovernmental organizations. and (ii) diadromous fisheries migratory cor- ‘‘(3) PRIORITIZATION.—The restoration plan (C) a certification that the proposed study ridors; described in paragraph (1) shall give priority can be completed within 3 years and for a (iii) shellfish habitats; to projects eligible under subsection (a)(2) Federal cost of not more than $3,000,000. (iv) submerged aquatic vegetation; that will also improve water quality or quan- (2) EXPENDITURE OF FUNDS.—No funds may (v) wetland; and tity or use natural hydrological features and be spent on a study initiated under sub- (vi) beach dune complexes and other simi- systems. section (a) unless— lar habitats. ‘‘(4) ADMINISTRATION.—The Federal share of (A) the required information is submitted (c) ELIGIBLE PROJECTS.—The Secretary the costs of carrying out paragraph (1) shall to Congress under paragraph (1); and may carry out an aquatic ecosystem restora- be 75 percent.’’; (B) after such submission, amounts are ap- tion project under this section if the (3) in subsection (c)— propriated to initiate the study in an appro- project— (A) in paragraph (1), by striking ‘‘to propriations or other Act. (1) is consistent with the management plan vide’’ and all that follows through the period developed under subsection (b); and (3) ADDITIONAL NOTIFICATION.—The Sec- at the end and inserting ‘‘for the design and (2) provides for— retary shall notify each Senator or Member construction of a project carried out pursu- (A) the restoration of degraded aquatic of Congress with a State or congressional ant to the comprehensive Chesapeake Bay habitat (including coastal, saltmarsh, district in the study area described in para- restoration plan described in subsection benthic, and riverine habitat); graph (1)(A). (b).’’; (B) the restoration of geographical or eco- (d) LIMITATIONS.— (B) in paragraph (2)(A), by striking ‘‘facili- logical areas of concern, including the res- (1) IN GENERAL.—Subsection (a) shall not ties or resource protection and development toration of natural river and stream charac- apply to a project for which a study has been plan’’ and inserting ‘‘resource protection and teristics; authorized prior to the date of enactment of restoration plan’’; and (C) the improvement of water quality; or this Act. (C) by adding at the end the following: (D) other projects or activities determined (2) NEW STUDIES.—In each fiscal year, the ‘‘(3) PROJECTS ON FEDERAL LAND.—A project to be appropriate by the Secretary. Secretary may initiate not more than— carried out pursuant to the comprehensive (d) COST SHARING.— (A) 3 new studies in each of the primary Chesapeake Bay restoration plan described (1) MANAGEMENT PLAN.—The management in subsection (b) that is located on Federal mission areas of the Corps of Engineers; and plan developed under subsection (b) shall be land shall be carried out at the expense of (B) 3 new studies from any 1 division of the completed at Federal expense. the Federal agency that owns the land on Corps of Engineers. (2) RESTORATION PROJECTS.—The non-Fed- which the project will be a carried out. (e) TERMINATION.—The authority under eral share of the cost of a project carried out ‘‘(4) NON-FEDERAL CONTRIBUTIONS.—A Fed- subsection (a) expires on the date that is 3 under this section shall be 35 percent. eral agency carrying out a project described years after the date of enactment of this (e) COST LIMITATION.—Not more than Act. $10,000,000 in Federal funds may be allocated in paragraph (3) may accept contributions of (f) AUTHORIZATION OF APPROPRIATIONS.— under this section for an eligible project. funds from non-Federal entities to carry out There is authorized to be appropriated to the (f) AUTHORIZATION OF APPROPRIATIONS.— that project.’’; Secretary to carry out this section $25,000,000 There is authorized to be appropriated to (4) by striking subsection (e) and inserting for each of fiscal years 2014 through 2017. carry out this section (including funds for the following: SEC. 4003. APPLICABILITY. the completion of the management plan) ‘‘(e) COOPERATION.—In carrying out this (a) IN GENERAL.—Nothing in this title au- $25,000,000 for each of fiscal years 2014 section, the Secretary shall cooperate with— thorizes the construction of a water re- through 2023. ‘‘(1) the heads of appropriate Federal agen- sources project. SEC. 5003. CHESAPEAKE BAY ENVIRONMENTAL cies, including— (b) NEW AUTHORIZATION REQUIRED.—New RESTORATION AND PROTECTION ‘‘(A) the Administrator of the Environ- authorization from Congress is required be- PROGRAM. mental Protection Agency; fore any project evaluated in a study under Section 510 of the Water Resources Devel- ‘‘(B) the Secretary of Commerce, acting this title is constructed. opment Act of 1996 (Public Law 104–303; 110 through the Administrator of the National Stat. 3759; 121 Stat. 1202) is amended— Oceanographic and Atmospheric Administra- TITLE V—REGIONAL AND NONPROJECT (1) in subsection (a)— tion; PROVISIONS (A) in paragraph (1)— ‘‘(C) the Secretary of the Interior, acting SEC. 5001. PURPOSE. (i) by striking ‘‘pilot program’’ and insert- through the Director of the United States The purpose of this title is to authorize re- ing ‘‘program’’; and Fish and Wildlife Service; and gional, multistate authorities to address (ii) by inserting ‘‘in the basin States de- ‘‘(D) the heads of such other Federal agen- water resource needs and other non-project scribed in subsection (f) and the District of cies as the Secretary determines to be appro- provisions. Columbia’’ after ‘‘interests’’; and priate; and SEC. 5002. NORTHEAST COASTAL REGION ECO- (B) by striking paragraph (2) and inserting ‘‘(2) agencies of a State or political sub- SYSTEM RESTORATION. the following: division of a State, including the Chesapeake (a) IN GENERAL.—The Secretary shall plan, ‘‘(2) FORM.—The assistance under para- Bay Commission.’’; design, and construct projects for aquatic graph (1) shall be in the form of design and (5) by striking subsection (f) and inserting ecosystem restoration within the coastal construction assistance for water-related re- the following: waters of the Northeastern United States source protection and restoration projects ‘‘(f) PROJECTS.—The Secretary shall estab- from the State of Virginia to the State of affecting the Chesapeake Bay estuary, based lish, to the maximum extent practicable, at Maine, including associated bays, estuaries, on the comprehensive plan under subsection least 1 project under this section in— and critical riverine areas. (b), including projects for— ‘‘(1) regions within the Chesapeake Bay (b) GENERAL COASTAL MANAGEMENT ‘‘(A) sediment and erosion control; watershed of each of the basin States of PLAN.— ‘‘(B) protection of eroding shorelines; Delaware, Maryland, New York, Pennsyl- (1) ASSESSMENT.—The Secretary, in coordi- ‘‘(C) ecosystem restoration, including res- vania, Virginia, and West Virginia; and nation with the Administrator of the Envi- toration of submerged aquatic vegetation; ‘‘(2) the District of Columbia.’’; ronmental Protection Agency, the heads of ‘‘(D) protection of essential public works; (6) by striking subsection (h); and other appropriate Federal agencies, the Gov- ‘‘(E) beneficial uses of dredged material; (7) by redesignating subsection (i) as sub- ernors of the coastal States from Virginia to and section (h). Maine, nonprofit organizations, and other in- ‘‘(F) other related projects that may en- SEC. 5004. RIO GRANDE ENVIRONMENTAL MAN- terested parties, shall assess the needs re- hance the living resources of the estuary.’’; AGEMENT PROGRAM, COLORADO, garding, and opportunities for, aquatic eco- (2) by striking subsection (b) and inserting NEW MEXICO, TEXAS. system restoration within the coastal waters the following: Section 5056 of the Water Resources Devel- of the Northeastern United States. ‘‘(b) COMPREHENSIVE PLAN.— opment Act of 2007 (121 Stat. 1213) is amend- (2) PLAN.—The Secretary shall develop a ‘‘(1) IN GENERAL.—Not later than 2 years ed— general coastal management plan based on after the date of enactment of the Water Re- (1) in subsection (b)(2)—

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(A) in the matter preceding subparagraph (1) IN GENERAL.—In carrying out this sec- gram and the national streamflow informa- (A), by striking ‘‘2008’’ and inserting ‘‘2014’’; tion, the Secretary shall establish watercraft tion program of the United States Geological and inspection stations in the Columbia River Service. (B) in subparagraph (C), by inserting ‘‘and Basin to be located in the States of Idaho, (b) AUTHORIZATION OF APPROPRIATIONS.— an assessment of needs for other related pur- Montana, Oregon, and Washington at loca- There is authorized to be appropriated to the poses in the Rio Grande Basin, including tions, as determined by the Secretary, with Secretary to carry out this section flood damage reduction’’ after ‘‘assessment’’; the highest likelihood of preventing the $11,250,000. (2) in subsection (c)(2)— spread of aquatic invasive species into res- (c) USE OF FUNDS.—Amounts made avail- (A) by striking ‘‘an interagency agreement ervoirs operated and maintained by the Sec- able to the Secretary under this section shall with’’ and inserting ‘‘1 or more interagency retary. be used to complement other related activi- agreements with the Secretary of State (2) INCLUSIONS.—Locations identified under ties of Federal agencies that are carried out and’’; and paragraph (1) may include— within the Missouri River Basin. (B) by inserting ‘‘or the U.S. Section of the (A) State border crossings; (d) REPORT.—Not later than 1 year after International Boundary and Water Commis- (B) international border crossings; and the date of enactment of this Act, the Comp- sion’’ after ‘‘the Department of the Inte- (C) highway entry points that are used by troller General of the United States, in con- rior’’; and owners of watercraft to access boat launch sultation with the Secretary, shall submit to (3) in subsection (f), by striking ‘‘2011’’ and facilities owned or managed by the Sec- the Committee on Environment and Public inserting ‘‘2024’’. retary. Works of the Senate and the Committee on SEC. 5005. LOWER COLUMBIA RIVER AND (3) COST-SHARE.—The non-Federal share of Transportation and Infrastructure of the TILLAMOOK BAY ECOSYSTEM RES- the cost of operating and maintaining House of Representatives a report that— TORATION, OREGON AND WASH- watercraft inspection stations described in (1) identifies progress made by the Sec- INGTON. paragraph (1) (including personnel costs) retary and other Federal agencies to imple- Section 536(g) of the Water Resources De- shall be 50 percent. ment the recommendations contained in the velopment Act of 2000 (114 Stat. 2661) is (4) OTHER INSPECTION SITES.—The Secretary report described in subsection (a)(1) with re- amended by striking ‘‘$30,000,000’’ and insert- may establish watercraft inspection stations spect to enhancing soil moisture and ing ‘‘$75,000,000’’. using amounts made available to carry out snowpack monitoring in the Upper Missouri SEC. 5006. ARKANSAS RIVER, ARKANSAS AND this section in States other than those de- Basin; and OKLAHOMA. scribed in paragraph (1) at or near boat (2) includes recommendations to enhance (a) PROJECT GOAL.—The goal for operation launch facilities that the Secretary deter- soil moisture and snowpack monitoring in of the McClellan-Kerr Arkansas River navi- mines are regularly used by watercraft to the Upper Missouri Basin. gation system, Arkansas and Oklahoma, enter the States described in paragraph (1). shall be to maximize the use of the system in SEC. 5009. UPPER MISSOURI BASIN SHORELINE (c) MONITORING AND CONTINGENCY PLAN- EROSION PREVENTION. a balanced approach that incorporates ad- NING.—The Secretary shall— vice from representatives from all project (a) IN GENERAL.— (1) carry out risk assessments of each (1) AUTHORIZATION OF ASSISTANCE.—The purposes to ensure that the full value of the major public and private water resources fa- system is realized by the United States. Secretary may provide planning, design, and cility in the Columbia River Basin; construction assistance to not more than 3 (b) MCCLELLAN-KERR ARKANSAS RIVER (2) establish an aquatic invasive species NAVIGATION SYSTEM ADVISORY COMMITTEE.— federally-recognized Indian tribes in the monitoring program in the Columbia River Upper Missouri River Basin to undertake (1) IN GENERAL.—In accordance with the Basin; Federal Advisory Committee Act (5 U.S.C. measures to address shoreline erosion that is (3) establish a Columbia River Basin water- jeopardizing existing infrastructure result- App.), the Secretary shall establish an advi- shed-wide plan for expedited response to an sory committee for the McClellan-Kerr Ar- ing from operation of a reservoir constructed infestation of aquatic invasive species; and under the Pick-Sloan Missouri River Basin kansas River navigation system, Arkansas (4) monitor water quality, including sedi- and Oklahoma, project authorized by the Act Program (authorized by section 9 of the Act ment cores and fish tissue samples, at facili- of December 22, 1944 (commonly known as of July 24, 1946 (60 Stat. 635, chapter 595). ties owned or managed by the Secretary in (2) DUTIES.—The advisory committee the ‘‘Flood Control Act of 1944’’) (58 Stat. 891, the Columbia River Basin. chapter 665)). shall— (d) COORDINATION.—In carrying out this (2) LIMITATION.—The projects described in (A) serve in an advisory capacity only; and section, the Secretary shall consult and co- paragraph (1) shall be economically justified, (B) provide information and recommenda- ordinate with— technically feasible, and environmentally actions to the Corps of Engineers relating to (1) the States described in subsection (a); ceptable. the efficiency, reliability, and availability of (2) Indian tribes; and (b) FEDERAL AND NON-FEDERAL COST the operations of the McClellan-Kerr Arkan- (3) other Federal agencies, including— SHARE.— sas River navigation system. (A) the Department of Agriculture; (1) IN GENERAL.—Subject to paragraph (2), (3) SELECTION AND COMPOSITION.—The advi- (B) the Department of Energy; the Federal share of the costs of carrying out sory committee shall be— (C) the Department of Homeland Security; this section shall be not less than 75 percent. (A) selected jointly by the Little Rock dis- (D) the Department of Commerce; and (2) ABILITY TO PAY.—The Secretary may trict engineer and the Tulsa district engi- (E) the Department of the Interior. adjust the Federal and non-Federal shares of neer; and (e) AUTHORIZATION OF APPROPRIATIONS.— (B) composed of members that equally rep- There is authorized to be appropriated to the the costs of carrying out this section in ac- resent the McClellan-Kerr Arkansas River Secretary to carry out this section cordance with the terms and conditions of navigation system project purposes. $30,000,000, of which $5,000,000 may be used to section 103(m) of the Water Resources Devel- (4) AGENCY RESOURCES.—The Little Rock carry out subsection (c). opment Act of 1986 (33 U.S.C. 2213(m)). district and the Tulsa district of the Corps of SEC. 5008. UPPER MISSOURI BASIN FLOOD AND (c) CONDITIONS.—The Secretary may pro- Engineers, under the supervision of the DROUGHT MONITORING. vide the assistance described in subsection southwestern division, shall jointly provide (a) IN GENERAL.—The Secretary, in coordi- (a) only after— the advisory committee with adequate staff nation with the Administrator of the Na- (1) consultation with the Department of assistance, facilities, and resources. tional Oceanic and Atmospheric Administra- the Interior; and (5) TERMINATION.— tion, the Chief of the Natural Resources Con- (2) execution by the Indian tribe of a (A) IN GENERAL.—Subject to subparagraph servation Service, the Director of the United memorandum of agreement with the Sec- (B), the advisory committee shall terminate States Geological Survey, and the Commis- retary that specifies that the tribe shall— on the date on which the Secretary submits sioner of the Bureau of Reclamation, shall (A) be responsible for— a report to Congress demonstrating increases establish a program to provide for— (i) all operation and maintenance activi- in the efficiency, reliability, and availability (1) soil moisture and snowpack monitoring ties required to ensure the integrity of the of the McClellan-Kerr Arkansas River navi- in the Upper Missouri River Basin to reduce measures taken; and gation system. flood risk and improve river and water re- (ii) providing any required real estate in- (B) RESTRICTION.—The advisory committee source management in the Upper Missouri terests in and to the property on which such shall terminate not less than 2 calendar River Basin, as outlined in the February 2013 measures are to be taken; and years after the date on which the advisory report entitled ‘‘Upper Missouri Basin Moni- (B) hold and save the United States free committee is established. toring Committee—Snow Sampling and In- from damages arising from planning, design, SEC. 5007. AQUATIC INVASIVE SPECIES PREVEN- strumentation Recommendations’’; or construction assistance provided under TION AND MANAGEMENT; COLUMBIA (2) restoring and maintaining existing mid- this section, except for damages due to the RIVER BASIN. and high-elevation snowpack monitoring fault or negligence of the United States or (a) IN GENERAL.—The Secretary may estab- sites operated under the SNOTEL program of its contractors. lish a program to prevent and manage aquat- the Natural Resources Conservation Service; (d) AUTHORIZATION OF APPROPRIATIONS.— ic invasive species in the Columbia River and For each Indian tribe eligible under this sec- Basin in the States of Idaho, Montana, Or- (3) operating streamflow gages and related tion, there is authorized to be appropriated egon, and Washington. interpretive studies in the Upper Missouri to carry out this section not more than (b) WATERCRAFT INSPECTION STATIONS.— River Basin under the cooperative water pro- $30,000,000.

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MY6.012 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3480 CONGRESSIONAL RECORD — SENATE May 15, 2013 SEC. 5010. NORTHERN ROCKIES HEADWATERS SEC. 5012. MIDDLE MISSISSIPPI RIVER PILOT mined by the Secretary to be suitable for use EXTREME WEATHER MITIGATION. PROGRAM. in carrying out the project; and (a) IN GENERAL.—Subject to subsection (b), (a) IN GENERAL.—In accordance with the ‘‘(ii) in the case of a project carried out the Secretary shall establish a program to project for navigation, Mississippi River be- under paragraph (2)(D) after the date of en- mitigate the impacts of extreme weather tween the Ohio and Missouri Rivers (Regu- actment of this clause, land conservation or events, such as floods and droughts, on com- lating Works), Missouri and Illinois, author- restoration efforts undertaken by the non- munities, water users, and fish and wildlife ized by the Act of June 25, 1910 (36 Stat. 631, Federal interest that the Secretary deter- located in and along the headwaters of the chapter 382) (commonly known as the ‘‘River mines provide water quality benefits that— Columbia, Missouri, and Yellowstone Rivers and Harbor Act of 1910’’), the Act of January ‘‘(I) enhance the viability of oyster res- (including the tributaries of those rivers) in 1, 1927 (44 Stat. 1010, chapter 47) (commonly toration efforts; and the States of Idaho and Montana by carrying known as the ‘‘River and Harbor Act of ‘‘(II) are integral to the project.’’. out river, stream, and floodplain protection 1927’’), and the Act of July 3, 1930 (46 Stat. 918, chapter 847), the Secretary shall carry SEC. 5015. MISSOURI RIVER BETWEEN FORT and restoration projects, including— PECK DAM, MONTANA AND GAVINS (1) floodplain restoration and reconnec- out a pilot program to restore and protect POINT DAM, SOUTH DAKOTA AND fish and wildlife habitat in the middle Mis- tion; NEBRASKA. sissippi River. (2) floodplain and riparian area protection Section 9(f) of the Act of December 22, 1944 (b) AUTHORIZED ACTIVITIES.—As part of the through the use of conservation easements; (commonly known as the ‘‘Flood Control Act pilot program carried out under subsection of 1944’’) (58 Stat. 891, chapter 665; 102 Stat. (3) instream flow restoration projects; (a), the Secretary may carry out any activ- (4) fish passage improvements; 4031) is amended by striking ‘‘$3,000,000’’ and ity along the Middle Mississippi River that is inserting ‘‘$5,000,000’’. (5) channel migration zone mapping; and necessary to improve navigation through the (6) invasive weed management. SEC. 5016. OPERATIONS AND MAINTENANCE OF project while restoring and protecting fish INLAND MISSISSIPPI RIVER PORTS. (b) RESTRICTION.—All projects carried out and wildlife habitat in the middle Mississippi (a) DEFINITIONS.—In this section: using amounts made available to carry out River if the Secretary determines that the (1) SHALLOW DRAFT.—The term ‘‘shallow this section shall emphasize the protection activity is feasible. draft’’ means a project that has a depth less and enhancement of natural riverine proc- (c) COST-SHARING REQUIREMENT.— than 14 feet. esses. (1) IN GENERAL.—The maximum Federal (2) INLAND MISSISSIPPI RIVER.—The term (c) NON-FEDERAL COST SHARE.—The non- share of the cost of carrying out a project ‘‘inland Mississippi River’’ means the por- Federal share of the costs of carrying out a under this section shall be 65 percent. tion of the Mississippi River that begins at project under this section shall not exceed 35 (2) AMOUNT EXPENDED PER PROJECT.—The the confluence of the Minnesota River and percent of the total cost of the project. Federal share described in paragraph (1) ends at the confluence of the Red River. (d) COORDINATION.—In carrying out this shall not exceed $10,000,000 for each project. (b) IN GENERAL.—The Secretary, acting section, the Secretary— (d) AUTHORIZATION OF APPROPRIATIONS.— through the Chief of Engineers, shall carry (1) shall consult and coordinate with the There is authorized to be appropriated to out dredging activities on shallow draft appropriate State natural resource agency in carry out this section $25,000,000 for each of ports located on the Inland Mississippi River each State; and fiscal years 2014 through 2023. to the respective authorized widths and (2) may— SEC. 5013. IDAHO, MONTANA, RURAL NEVADA, depths of those inland ports, as authorized (A) delegate any authority or responsi- NEW MEXICO, RURAL UTAH, AND WY- on the date of enactment of this Act. bility of the Secretary under this section to OMING. Section 595 of the Water Resources Devel- (c) AUTHORIZATION OF APPROPRIATIONS.— those State natural resource agencies; and For each fiscal year, there is authorized to (B) provide amounts made available to the opment Act of 1999 (Public Law 106–53; 113 Stat. 383) is amended— be appropriated to the Secretary to carry Secretary to carry out this section to those out this section $25,000,000. State natural resource agencies. (1) by striking subsection (c) and inserting the following: SEC. 5017. REMOTE AND SUBSISTENCE HARBORS. (e) LIMITATIONS.—Nothing in this section ‘‘(c) FORM OF ASSISTANCE.—Assistance Section 2006 of the Water Resources Devel- invalidates, preempts, or creates any excep- under this section may be in the form of— opment Act of 2007 (33 U.S.C. 2242) is amend- tion to State water law, State water rights, ‘‘(1) design and construction assistance for ed— or Federal or State permitted activities or water-related environmental infrastructure (1) in subsection (a)— agreements in the States of Idaho and Mon- and resource protection and development in (A) in paragraph (1)(B), by inserting ‘‘or tana or any State containing tributaries to Idaho, Montana, rural Nevada, New Mexico, Alaska’’ after ‘‘Hawaii’’; and rivers in those States. rural Utah, and Wyoming, including projects (B) in paragraph (2)— (f) EFFECT OF SECTION.— for— (i) by striking ‘‘community’’ and inserting (1) IN GENERAL.—Nothing in this section re- ‘‘(A) wastewater treatment and related fa- ‘‘region’’; and places or provides a substitute for the au- cilities; (ii) by inserting ‘‘, as determined by the thority to carry out projects under section ‘‘(B) water supply and related facilities; Secretary based on information provided by 3110 of the Water Resources Development ‘‘(C) environmental restoration; and the non-Federal interest’’ after ‘‘improve- Act of 2007 (121 Stat. 1135). ‘‘(D) surface water resource protection and ment’’; and (2) FUNDING.—The amounts made available development; and (2) by adding at the end the following: to carry out this section shall be used to ‘‘(2) technical assistance to small and rural ‘‘(c) PRIORITIZATION.—Projects rec- carry out projects that are not otherwise communities for water planning and issues ommended by the Secretary under sub- carried out under section 3110 of the Water relating to access to water resources.’’; and section (a) shall be given equivalent budget Resources Development Act of 2007 (121 Stat. (2) by striking subsection (h) and inserting consideration and priority as projects rec- 1135). the following: ommended solely by national economic de- (g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— velopment benefits. There is authorized to be appropriated to the There is authorized to be appropriated to ‘‘(d) CONSTRUCTION.— Secretary to carry out this section carry out this section for the period begin- ‘‘(1) IN GENERAL.—The Secretary may plan, $30,000,000. ning with fiscal year 2001 $450,000,000, which design, or construct projects for navigation SEC. 5011. AQUATIC NUISANCE SPECIES PREVEN- shall— in the noncontiguous States and territories TION, GREAT LAKES AND MIS- ‘‘(1) be made available to the States and of the United States if the Secretary finds SISSIPPI RIVER BASIN. locales described in subsection (b) consistent that the project is— (a) IN GENERAL.—The Secretary is author- with program priorities determined by the ‘‘(A) technically feasible; ized to implement measures recommended in Secretary in accordance with criteria devel- ‘‘(B) environmentally sound; and the efficacy study authorized under section oped by the Secretary to establish the pro- ‘‘(C) economically justified. 3061 of the Water Resources Development gram priorities; and ‘‘(2) SPECIAL RULE.—In evaluating and im- Act of 2007 (121 Stat. 1121) or in interim re- ‘‘(2) remain available until expended.’’.’’ plementing a project under this section, the ports, with any modifications or any emer- SEC. 5014. CHESAPEAKE BAY OYSTER RESTORA- Secretary shall allow the non-Federal inter- gency measures that the Secretary deter- TION IN VIRGINIA AND MARYLAND. est to participate in the financing of the mines to be appropriate to prevent aquatic Section 704(b) of Water Resources Develop- project in accordance with the criteria es- nuisance species from dispersing into the ment Act of 1986 (33 U.S.C. 2263(b)) is amend- tablished for flood control projects in section Great Lakes by way of any hydrologic con- ed— 903(c) of the Water Resources Development nection between the Great Lakes and the (1) in paragraph (1), by striking Act of 1986 (Public Law 99–662; 100 Stat. 4184) Mississippi River Basin. ‘‘$50,000,000’’ and inserting ‘‘$70,000,000’’; and if the detailed project report evaluation indi- (b) REPORTS.—The Secretary shall report (2) by striking subparagraph (B) of para- cates that applying that section is necessary to the Committees on Environment and Pub- graph (4) and inserting the following: to implement the project. lic Works and Appropriations of the Senate ‘‘(B) FORM.—The non-Federal share may be ‘‘(3) COST.—The Federal share of the cost of and the Committees on Transportation and provided through in-kind services, includ- carrying out a project under this section Infrastructure and Appropriations of the ing— shall not exceed $10,000,000. House of Representatives any emergency ac- ‘‘(i) the provision by the non-Federal inter- ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— tions taken pursuant to this section. est of shell stock material that is deter- There is authorized to be appropriated to

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MY6.012 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3481 carry out projects initiated by the Secretary provided that such releases shall be granted term ‘‘Upper St. Anthony Falls Lock and under this subsection $100,000,000 for fiscal in a manner consistent with applicable TVA Dam’’ means the lock and dam located on years 2014 through 2023.’’. policies. Mississippi River mile 853.9 in Minneapolis, SEC. 5018. MULTIAGENCY EFFORT TO SLOW THE SEC. 5020. RIGHTS AND RESPONSIBILITIES OF Minnesota. SPREAD OF ASIAN CARP IN THE CHEROKEE NATION OF OKLAHOMA (b) ECONOMIC IMPACT STUDY.—Not later UPPER MISSISSIPPI RIVER AND REGARDING W.D. MAYO LOCK AND than 180 days after the date of enactment of OHIO RIVER BASINS AND TRIBU- DAM, OKLAHOMA. this Act, the Secretary shall submit to Con- TARIES. Section 1117 of the Water Resources Devel- gress a report regarding the impact of clos- (a) MULTIAGENCY EFFORT TO SLOW THE opment Act of 1986 (Public Law 99–662; 100 ing the Upper St. Anthony Falls Lock and SPREAD OF ASIAN CARP IN THE UPPER MIS- Stat. 4236) is amended to read as follows: Dam on the economic and environmental SISSIPPI AND OHIO RIVER BASINS AND TRIBU- ‘‘SEC. 1117. W.D. MAYO LOCK AND DAM, OKLA- well-being of the State of Minnesota. TARIES.— HOMA. (c) MANDATORY CLOSURE.—Notwith- (1) IN GENERAL.—The Director of the ‘‘(a) IN GENERAL.—Notwithstanding any standing subsection (b) and not later than 1 United States Fish and Wildlife Service, in other provision of law, the Cherokee Nation year after the date of enactment of this Act, coordination with the Chief of Engineers, the of Oklahoma has authorization— the Secretary shall close the Upper St. An- Director of the National Park Service, and ‘‘(1) to design and construct 1 or more hy- thony Falls Lock and Dam if the Secretary the Director of the United States Geological droelectric generating facilities at the W.D. determines that the annual average tonnage Survey, shall lead a multiagency effort to Mayo Lock and Dam on the Arkansas River moving through the Upper St. Anthony Falls slow the spread of Asian carp in the Upper in the State of Oklahoma, subject to the re- Lock and Dam for the preceding 5 years is Mississippi and Ohio River basins and tribu- quirements of subsection (b) and in accord- not more than 1,500,000 tons. taries by providing high-level technical as- ance with the conditions specified in this (d) EMERGENCY OPERATIONS.—Nothing in sistance, coordination, best practices, and section; and this section prevents the Secretary from car- support to State and local governments in ‘‘(2) to market the electricity generated rying out emergency lock operations nec- carrying out activities designed to slow, and from any such hydroelectric generating fa- essary to mitigate flood damage. eventually eliminate, the threat posed by cility. SEC. 5022. ARCTIC DEEP DRAFT PORT DEVELOP- Asian carp. ‘‘(b) PRECONSTRUCTION REQUIREMENTS.— MENT PARTNERSHIPS. (2) BEST PRACTICES.—To the maximum ex- ‘‘(1) IN GENERAL.—The Cherokee Nation (a) IN GENERAL.—The Secretary may pro- tent practicable, the multiagency effort shall obtain any permit required by Federal vide technical assistance, including plan- shall apply lessons learned and best practices or State law before the date on which con- ning, design, and construction assistance, to such as those described in the document pre- struction begins on any hydroelectric gener- non-Federal public entities, including Indian pared by the Asian Carp Working Group enti- ating facility under subsection (a). tribes (as defined in section 4 of the Indian tled ‘‘Management and Control Plan for Big- ‘‘(2) REVIEW BY SECRETARY.—The Cherokee Self-Determination and Education Assist- head, Black, Grass, and Silver Carps in the Nation may initiate the design or construc- ance Act (25 U.S.C. 450b)), for the develop- United States’’, and dated November 2007, tion of a hydroelectric generating facility ment, construction, operation, and mainte- and the document prepared by the Asian under subsection (a) only after the Secretary nance of channels, harbors, and related infra- Carp Regional Coordinating Committee enti- reviews and approves the plans and specifica- structure associated with deep draft ports tled ‘‘FY 2012 Asian Carp Control Strategy tions for the design and construction. for purposes of dealing with Arctic develop- ‘‘(c) PAYMENT OF DESIGN AND CONSTRUCTION Framework’’ and dated February 2012. ment and security needs. COSTS.— (b) ACCEPTANCE OF FUNDS.—The Secretary (b) REPORT TO CONGRESS.— ‘‘(1) IN GENERAL.—The Cherokee Nation is authorized to accept and expend funds pro- (1) IN GENERAL.—Not later than December shall— 31 of each year, the Director of the United vided by non-Federal public entities, includ- ‘‘(A) bear all costs associated with the de- States Fish and Wildlife Service, in coordi- ing Indian tribes (as defined in section 4 of sign and construction of any hydroelectric nation with the Chief of Engineers, shall sub- the Indian Self-Determination and Edu- generating facility under subsection (a); and mit to the Committee on Appropriations and cation Assistance Act (25 U.S.C. 450b)), to ‘‘(B) provide any funds necessary for the carry out the activities described in sub- the Committee on Natural Resources of the design and construction to the Secretary section (a). House of Representatives and the Committee prior to the Secretary initiating any activi- (c) LIMITATION.—No assistance may be pro- on Appropriations and the Committee on En- ties relating to the design and construction vided under this section until after the date vironmental and Public Works of the Senate of the hydroelectric generating facility. on which the entity to which that assistance a report describing the coordinated strate- ‘‘(2) USE BY SECRETARY.—The Secretary is to be provided enters into a written agree- gies established and progress made toward may— ment with the Secretary that includes such goals to control and eliminate Asian carp in ‘‘(A) accept funds offered by the Cherokee terms and conditions as the Secretary deter- the Upper Mississippi and Ohio River basins Nation under paragraph (1); and mines to be appropriate and in the public in- and tributaries. ‘‘(B) use the funds to carry out the design terest. (2) CONTENTS.—Each report submitted and construction of any hydroelectric gener- (d) PRIORITIZATION.—The Secretary shall under paragraph (1) shall include— ating facility under subsection (a). prioritize Arctic deep draft ports identified (A) any observed changes in the range of ‘‘(d) ASSUMPTION OF LIABILITY.—The Cher- by the Army Corps, the Department of Asian carp in the Upper Mississippi and Ohio okee Nation— Homeland Security and the Department of River basins and tributaries during the 2- ‘‘(1) shall hold all title to any hydro- Defense. year period preceding submission of the re- electric generating facility constructed SEC. 5023. GREATER MISSISSIPPI RIVER BASIN port; under this section; SEVERE FLOODING AND DROUGHT (B) a summary of Federal agency efforts, ‘‘(2) may, subject to the approval of the MANAGEMENT STUDY. including cooperative efforts with non-Fed- Secretary, assign that title to a third party; (a) DEFINITIONS.—In this section: eral partners, to control the spread of Asian ‘‘(3) shall be solely responsible for— (1) GREATER MISSISSIPPI RIVER BASIN.—The carp in the Upper Mississippi and Ohio River ‘‘(A) the operation, maintenance, repair, term ‘‘greater Mississippi River Basin’’ basins and tributaries; replacement, and rehabilitation of any such means the area covered by hydrologic units (C) any research that the Director deter- facility; and 5, 6, 7, 8, 10, and 11, as identified by the mines could improve the ability to control ‘‘(B) the marketing of the electricity gen- United States Geological Survey as of the the spread of Asian carp in the Upper Mis- erated by any such facility; and date of enactment of this Act. sissippi and Ohio River basins and tribu- ‘‘(4) shall release and indemnify the United (2) LOWER MISSISSIPPI RIVER.—The term taries; States from any claims, causes of action, or ‘‘lower Mississippi River’’ means the portion (D) any quantitative measures that Direc- liabilities that may arise out of any activity of the Mississippi River that begins at the tor intends to use to document progress in undertaken to carry out this section. confluence of the Ohio River and flows to the controlling the spread of Asian carp in the ‘‘(e) ASSISTANCE AVAILABLE.—Notwith- Gulf of Mexico. Upper Mississippi and Ohio River basins and standing any other provision of law, the Sec- (3) MIDDLE MISSISSIPPI RIVER.—The term tributaries; and retary may provide any technical and con- ‘‘middle Mississippi River’’ means the por- (E) a cross-cut accounting of Federal and struction management assistance requested tion of the Mississippi River that begins at non-Federal expenditures to control the by the Cherokee Nation relating to the de- the confluence of the Missouri River and spread of Asian carp in the Upper Mississippi sign and construction of any hydroelectric flows to the lower Mississippi River. and Ohio River basins and tributaries. generating facility under subsection (a). (4) SEVERE FLOODING AND DROUGHT.—The SEC. 5019. RELEASE OF USE RESTRICTIONS. ‘‘(f) THIRD PARTY AGREEMENTS.—The Cher- term ‘‘severe flooding and drought’’ means Notwithstanding any other provision of okee Nation may enter into agreements with severe weather events that threaten personal law, the Tennessee Valley Authority shall, the Secretary or a third party that the Cher- safety, property, and navigation on the in- without monetary consideration, grant re- okee Nation or the Secretary determines to land waterways of the United States. leases from real estate restrictions estab- be necessary to carry out this section.’’. (b) IN GENERAL.—The Secretary shall carry lished pursuant to section 4(k)(b) of the Ten- SEC. 5021. UPPER MISSISSIPPI RIVER PROTEC- out a study of the greater Mississippi River nessee Valley Authority Act of 1933 (16 TION. Basin— U.S.C. 831c(k)(b)) with respect to tracts of (a) DEFINITION OF UPPER ST. ANTHONY (1) to improve the coordinated and com- land identified in section 4(k)(b) of that Act; FALLS LOCK AND DAM.—In this section, the prehensive management of water resource

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MY6.012 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3482 CONGRESSIONAL RECORD — SENATE May 15, 2013 projects in the greater Mississippi River section (a) shall be subject to the conditions have appreciable and dependable effects in Basin relating to severe flooding and drought that— reducing damage by floodwaters. conditions; and (1) conditions at the Site remain suitable (5) FLOOD MITIGATION.—The term ‘‘flood (2) to evaluate the feasibility of any modi- for the continued use of the Site as a dredged mitigation’’ means any structural or non- fications to those water resource projects, material disposal site; and structural measure that reduces risks of consistent with the authorized purposes of (2) the Site not be used for the disposal of flood damage by reducing the probability of those projects, and develop new water re- more than 80,000 cubic yards from any single flooding, the consequences of flooding, or source projects to improve the reliability of dredging project. both. navigation and more effectively reduce flood TITLE VI—LEVEE SAFETY (6) FLOODPLAIN MANAGEMENT.—The term risk. ‘‘floodplain management’’ means the oper- (c) CONTENTS.—The study shall— SEC. 6001. SHORT TITLE. ation of a community program of corrective (1) identify any Federal actions that are This title may be cited as the ‘‘National and preventative measures for reducing flood likely to prevent and mitigate the impacts Levee Safety Program Act’’. damage. of severe flooding and drought, including SEC. 6002. FINDINGS; PURPOSES. changes to authorized channel dimensions, (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (a) FINDINGS.—Congress finds that— has the meaning given the term in section 4 operational procedures of locks and dams, (1) there is a need to establish a national and reservoir management within the great- of the Indian Self-Determination and Edu- levee safety program to provide national cation Assistance Act (25 U.S.C. 450b). er Mississippi River Basin, consistent with leadership and encourage the establishment (8) LEVEE.— the authorized purposes of the water re- of State and tribal levee safety programs; (A) IN GENERAL.—The term ‘‘levee’’ means source projects; (2) according to the National Committee a manmade barrier (such as an embankment, (2) identify and make recommendations to on Levee Safety, ‘‘the level of protection and floodwall, or other structure)— remedy challenges to the Corps of Engineers robustness of design and construction of lev- (i) the primary purpose of which is to pro- presented by severe flooding and drought, in- ees vary considerably across the country’’; vide hurricane, storm, or flood protection re- cluding river access, in carrying out its mis- (3) knowing the location, condition, and lating to seasonal high water, storm surges, sion to maintain safe, reliable navigation, ownership of levees, as well as understanding precipitation, or other weather events; and consistent with the authorized purposes of the population and infrastructure at risk in (ii) that is normally subject to water load- the water resource projects in the greater leveed areas, is necessary for identification ing for only a few days or weeks during a cal- Mississippi River Basin; and and prioritization of activities associated endar year. (3) identify and locate natural or other with levees; physical impediments along the middle and (4) levees are an important tool for reduc- (B) INCLUSIONS.—The term ‘‘levee’’ includes lower Mississippi River to maintaining navi- ing flood risk and should be considered in the a levee system, including— gation on the middle and lower Mississippi context of broader flood risk management ef- (i) levees and canal structures that— River during periods of low water. forts; (I) constrain water flows; (d) CONSULTATION AND USE OF EXISTING (5) States and Indian tribes— (II) are subject to more frequent water DATA.—In carrying out the study, the Sec- (A) are uniquely positioned to oversee, co- loading; and retary shall— (III) do not constitute a barrier across a (1) consult with appropriate committees of ordinate, and regulate local and regional levee systems; and watercourse; and Congress, Federal, State, tribal, and local (ii) roadway and railroad embankments, agencies, environmental interests, agricul- (B) should be encouraged to participate in a national levee safety program by estab- but only to the extent that the embank- tural interests, recreational interests, river ments are integral to the performance of a navigation industry representatives, other lishing individual levee safety programs; and (6) States, Indian tribes, and local govern- flood damage reduction system. shipping and business interests, organized (C) EXCLUSIONS.—The term ‘‘levee’’ does labor, and nongovernmental organizations; ments that do not invest in protecting the individuals and property located behind lev- not include— (2) to the maximum extent practicable, use (i) a roadway or railroad embankment that data in existence as of the date of enactment ees place those individuals and property at risk. is not integral to the performance of a flood of this Act; and damage reduction system; (3) incorporate lessons learned and best (b) PURPOSES.—The purposes of this title are— (ii) a canal constructed completely within practices developed as a result of past severe natural ground without any manmade struc- flooding and drought events, including major (1) to promote sound technical practices in ture (such as an embankment or retaining floods and the successful effort to maintain levee design, construction, operation, inspec- wall to retain water or a case in which water navigation during the near historic low tion, assessment, security, and maintenance; is retained only by natural ground); water levels on the Mississippi River during (2) to ensure effective public education and (iii) a canal regulated by a Federal or the winter of 2012–2013. awareness of risks involving levees; State agency in a manner that ensures that (e) COST-SHARING.—The Federal share of (3) to establish and maintain a national the cost of carrying out the study under this levee safety program that emphasizes the applicable Federal safety criteria are met; section shall be 100 percent. protection of human life and property; and (iv) a levee or canal structure— (f) REPORT.—Not later than 3 years after (4) to implement solutions and incentives (I) that is not a part of a Federal flood the date of enactment of this Act, the Sec- that encourage the establishment of effec- damage reduction system; retary shall submit to Congress a report on tive State and tribal levee safety programs. (II) that is not recognized under the Na- the study carried out under this section. SEC. 6003. DEFINITIONS. tional Flood Insurance Program as providing (g) SAVINGS CLAUSE.—Nothing in this sec- In this title: protection from the 1-percent-annual-chance tion impacts the operations and mainte- (1) BOARD.—The term ‘‘Board’’ means the or greater flood; nance of the Missouri River Mainstem Sys- National Levee Safety Advisory Board estab- (III) that is not greater than 3 feet high; tem, as authorized by the Act of December lished under section 6005. (IV) the population in the leveed area of 22, 1944 (58 Stat. 897, chapter 665). (2) CANAL STRUCTURE.— which is less than 50 individuals; and SEC. 5024. CAPE ARUNDEL DISPOSAL SITE, (A) IN GENERAL.—The term ‘‘canal struc- (V) the leveed area of which is less than MAINE. ture’’ means an embankment, wall, or struc- 1,000 acres; or (a) IN GENERAL.—The Secretary, in concur- ture along a canal or manmade watercourse (v) any shoreline protection or river bank rence with the Administrator of the Environ- that— protection system (such as revetments or mental Protection Agency, is authorized to barrier islands). reopen the Cape Arundel Disposal Site se- (i) constrains water flows; (ii) is subject to frequent water loading; (9) LEVEE FEATURE.—The term ‘‘levee fea- lected by the Department of the Army as an ture’’ means a structure that is critical to alternative dredged material disposal site and the functioning of a levee, including— under section 103(b) of the Marine Protec- (iii) is an integral part of a flood risk re- (A) an embankment section; tion, Research, and Sanctuaries Act of 1972 duction system that protects the leveed area (B) a floodwall section; (33 U.S.C. 1413(b)) (referred to in this section from flood waters associated with hurri- as the ‘‘Site’’). canes, precipitation events, seasonal high (C) a closure structure; (b) DEADLINE.—The Site may remain open water, and other weather-related events. (D) a pumping station; under subsection (a) until the earlier of— (B) EXCLUSION.—The term ‘‘canal struc- (E) an interior drainage work; and (1) the date on which the Site does not ture’’ does not include a barrier across a wa- (F) a flood damage reduction channel. have any remaining disposal capacity; tercourse. (10) LEVEE SAFETY GUIDELINES.—The term (2) the date on which an environmental im- (3) FEDERAL AGENCY.—The term ‘‘Federal ‘‘levee safety guidelines’’ means the guide- pact statement designating an alternative agency’’ means a Federal agency that de- lines established by the Secretary under sec- dredged material disposal site for southern signs, finances, constructs, owns, operates, tion 6004(c)(1). Maine has been completed; or maintains, or regulates the construction, op- (11) LEVEE SEGMENT.—The term ‘‘levee seg- (3) the date that is 5 years after the date of eration, or maintenance of a levee. ment’’ means a discrete portion of a levee enactment of this Act. (4) FLOOD DAMAGE REDUCTION SYSTEM.—The system that is owned, operated, and main- (c) LIMITATIONS.—The use of the Site as a term ‘‘flood damage reduction system’’ tained by a single entity or discrete set of dredged material disposal site under sub- means a system designed and constructed to entities.

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(12) LEVEE SYSTEM.—The term ‘‘levee sys- (b) MANAGEMENT.— (A) the Corps of Engineers; tem’’ means 1 or more levee segments, in- (1) IN GENERAL.—The Secretary shall ap- (B) the Federal Emergency Management cluding all levee features that are inter- point— Agency; connected and necessary to ensure protec- (A) an administrator of the national levee (C) the Bureau of Reclamation; and tion of the associated leveed areas— safety program; and (D) other appropriate Federal agencies, as (A) that collectively provide flood damage (B) such staff as is necessary to implement determined by the Secretary. reduction to a defined area; and the program. (f) COMPREHENSIVE NATIONAL PUBLIC EDU- (B) the failure of 1 of which may result in (2) ADMINISTRATOR.—The sole duty of the CATION AND AWARENESS CAMPAIGN.— the failure of the entire system. administrator appointed under paragraph (1) ESTABLISHMENT.—The Secretary, in co- (13) LEVEED AREA.—The term ‘‘leveed area’’ (1)(A) shall be the management of the na- ordination with the Administrator of the means the land from which flood water in tional levee safety program. Federal Emergency Management Agency and the adjacent watercourse is excluded by the (c) LEVEE SAFETY GUIDELINES.— the Board, shall establish a national public levee system. (1) ESTABLISHMENT.—Not later than 1 year education and awareness campaign relating (14) NATIONAL LEVEE DATABASE.—The term after the date of enactment of this Act, the to the national levee safety program. ‘‘national levee database’’ means the levee Secretary, in consultation with the Adminis- (2) PURPOSES.—The purposes of the cam- database established under section 9004 of trator of the Federal Emergency Manage- paign under paragraph (1) are— the Water Resources Development Act of ment Agency and in coordination with State (A) to educate individuals living in leveed 2007 (33 U.S.C. 3303). and local governments and organizations areas regarding the risks of living in those (15) PARTICIPATING PROGRAM.—The term with expertise in levee safety, shall establish areas; ‘‘participating program’’ means a levee safe- a set of voluntary, comprehensive, national ty program developed by a State or Indian levee safety guidelines that— (B) to promote consistency in the trans- tribe that includes the minimum compo- (A) are available for common, uniform use mission of information regarding levees nents necessary for recognition by the Sec- by all Federal, State, tribal, and local agen- among government agencies; and retary. cies; (C) to provide national leadership regarding risk communication for implementation (16) REHABILITATION.—The term ‘‘rehabili- (B) incorporate policies, procedures, stand- tation’’ means the repair, replacement, re- ards, and criteria for a range of levee types, at the State and local levels. construction, removal of a levee, or reconfig- canal structures, and related facilities and (g) COORDINATION OF LEVEE SAFETY, FLOOD- uration of a levee system, including a set- features; and PLAIN MANAGEMENT, AND ENVIRONMENTAL back levee, that is carried out to reduce (C) provide for adaptation to local, re- CONCERNS.—The Secretary, in consultation flood risk or meet national levee safety gional, or watershed conditions. with the Administrator of the Federal Emer- guidelines. (2) REQUIREMENT.—The policies, proce- gency Management Agency and in coordina- (17) RISK.—The term ‘‘risk’’ means a meas- dures, standards, and criteria under para- tion with the Board, shall evaluate opportu- ure of the probability and severity of unde- graph (1)(B) shall be developed taking into nities to coordinate— sirable consequences. consideration the levee hazard potential (1) public safety, floodplain management, (18) SECRETARY.—The term ‘‘Secretary’’ classification system established under sub- and environmental protection activities re- means the Secretary of the Army, acting section (d). lating to levees; and through the Chief of Engineers. (3) ADOPTION BY FEDERAL AGENCIES.—All (2) environmental permitting processes for (19) STATE.—The term ‘‘State’’ means— Federal agencies shall consider the levee operation and maintenance activities at ex- (A) each of the several States of the United safety guidelines in activities relating to the isting levee projects in compliance with all States; management of levees. applicable laws. (B) the District of Columbia; (4) PUBLIC COMMENT.—Prior to finalizing (h) LEVEE INSPECTION.— (C) the Commonwealth of Puerto Rico; the guidelines under this subsection, the (1) IN GENERAL.—The Secretary shall carry (D) Guam; Secretary shall— out a one-time inventory and inspection of (E) American Samoa; (A) issue draft guidelines for public com- all levees identified in the national levee (F) the Commonwealth of the Northern ment; and database. Mariana Islands; (B) consider any comments received in the (2) NO FEDERAL INTEREST.—The inventory (G) the Federated States of Micronesia; development of final guidelines. and inspection under paragraph (1) does not (H) the Republic of the Marshall Islands; (d) HAZARD POTENTIAL CLASSIFICATION SYS- create a Federal interest in the construction, (I) the Republic of Palau; and TEM.— operation, or maintenance any levee that is (J) the United States Virgin Islands. (1) ESTABLISHMENT.—The Secretary shall included in the inventory or inspected under SEC. 6004. NATIONAL LEVEE SAFETY PROGRAM. establish a hazard potential classification this subsection. (a) ESTABLISHMENT.—The Secretary, in system for use under the national levee safe- (3) INSPECTION CRITERIA.—In carrying out consultation with the Administrator of the ty program and participating programs. the inventory and inspection, the Secretary Federal Emergency Management Agency, (2) REVISION.—The Secretary shall review shall establish a national levee safety pro- and, as necessary, revise the hazard poten- shall use the levee safety action classifica- gram to provide national leadership and con- tial classification system not less frequently tion criteria to determine whether a levee sistent approaches to levee safety, includ- than once every 5 years. should be classified in the inventory as requiring a more comprehensive inspection. ing— (3) CONSISTENCY.—The hazard potential TATE AND TRIBAL PARTICIPATION.—At (1) a national levee database; classification system established pursuant to (4) S the request of a State or Indian tribe with (2) an inventory and inspection of Federal this subsection shall be consistent with and respect to any levee subject to inspection and non-Federal levees; incorporated into the levee safety action under this subsection, the Secretary shall— (3) national levee safety guidelines; classification tool developed by the Corps of (A) allow an official of the State or Indian (4) a hazard potential classification system Engineers. for Federal and non-Federal levees; (e) TECHNICAL ASSISTANCE AND MATE- tribe to participate in the inspection of the (5) research and development; RIALS.— levee; and (6) a national public education and aware- (1) ESTABLISHMENT.—The Secretary, in (B) provide information to the State or In- ness program, with an emphasis on commu- consultation with the Administrator of the dian tribe relating to the location, construc- nication regarding the residual risk to com- Federal Emergency Management Agency and tion, operation, or maintenance of the levee. munities protected by levees and levee sys- in coordination with the Board, shall estab- (5) EXCEPTIONS.—In carrying out the inven- tems; lish a national levee safety technical assist- tory and inspection under this subsection, (7) coordination of levee safety, floodplain ance and training program to develop and de- the Secretary shall not be required to in- management, and environmental protection liver technical support and technical assist- spect any levee that has been inspected by a activities; ance materials, curricula, and training in State or Indian tribe using the same method- (8) development of State and tribal levee order to promote levee safety and assist ology described in paragraph (3) during the 1- safety programs; and States, communities, and levee owners in— year period immediately preceding the date (9) the provision of technical assistance (A) developing levee safety programs; of enactment of this Act if the Governor of and materials to States and Indian tribes re- (B) identifying and reducing flood risks as- the State or tribal government, as applica- lating to— sociated with levees; ble, requests an exemption from the inspec- (A) developing levee safety programs; (C) identifying local actions that may be tion. (B) identifying and reducing flood risks as- carried out to reduce flood risks in leveed (i) STATE AND TRIBAL LEVEE SAFETY PRO- sociated with residual risk to communities areas; and GRAM.— protected by levees and levee systems; (D) rehabilitating, improving, replacing, (1) GUIDELINES.— (C) identifying local actions that may be reconfiguring, modifying, and removing lev- (A) IN GENERAL.—Not later than 1 year carried out to reduce flood risks in leveed ees and levee systems. after the date of enactment of this Act, in areas; and (2) USE OF SERVICES.—In establishing the consultation with the Administrator of the (D) rehabilitating, improving, replacing, national levee safety training program under Federal Emergency Management Agency and reconfiguring, modifying, and removing lev- paragraph (1), the Secretary may use the in coordination with the Board, the Sec- ees and levee systems. services of— retary shall issue guidelines that establish

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Act of 2000 (Public Law 106–390; 114 Stat. surance Reform Act of 2012 (42 U.S.C. 4101 (B) GUIDELINE CONTENTS.—The guidelines 1552); note; 126 Stat. 942); or under subparagraph (A) shall include provi- (C) submit to the Secretary an application (2) confers any regulatory authority on— sions and procedures requiring each partici- at such time, in such manner, and con- (A) the Secretary; or pating State and Indian tribe to certify to taining such information as the Secretary (B) the Director of the Federal Emergency the Secretary that the State or Indian tribe, may require; and Management Agency, including for the pur- as applicable— (D) comply with such minimum eligibility pose of setting premium rates under the na- (i) has the authority to participate in the requirements as the Secretary, in consulta- tional flood insurance program established national levee safety program; tion with the Board, may establish to ensure under chapter 1 of the National Flood Insur- (ii) can receive funds under this title; that each owner and operator of a levee ance Act of 1968 (42 U.S.C. 4011 et seq.). (iii) has adopted any national levee safety under a participating State or tribal levee SEC. 6005. NATIONAL LEVEE SAFETY ADVISORY guidelines developed under this title; safety program— BOARD. (iv) will carry out levee inspections; (i) acts in accordance with the guidelines (a) ESTABLISHMENT.—The Secretary, in co- (v) will carry out, consistent with applica- developed in subsection (c); and ordination with the Administrator of the ble requirements, flood risk management (ii) carries out activities relating to the Federal Emergency Management Agency, and any emergency action planning proce- public in the leveed area in accordance with shall establish a board, to be known as the dures the Secretary determines to be nec- the hazard mitigation plan described in sub- ‘‘National Levee Safety Advisory Board’’— essary relating to levees; paragraph (B). (1) to advise the Secretary and Congress re- (vi) will carry out public education and (3) FLOODPLAIN MANAGEMENT PLANS.— garding consistent approaches to levee safe- (A) IN GENERAL.—Not later than 1 year awareness activities consistent with the na- ty; tional public education and awareness cam- after the date of execution of a project agree- (2) to monitor the safety of levees in the paign established under subsection (f); and ment for assistance under this subsection, a United States; (vii) will collect and share information re- State, Indian tribe, or local government (3) to assess the effectiveness of the na- garding the location and condition of levees. shall prepare a floodplain management plan tional levee safety program; and (C) PUBLIC COMMENT.—Prior to finalizing in accordance with the guidelines under sub- (4) to ensure that the national levee safety the guidelines under this paragraph, the Sec- paragraph (D) to reduce the impacts of fu- program is carried out in a manner that is retary shall— ture flood events in each applicable leveed consistent with other Federal flood risk (i) issue draft guidelines for public com- area. management efforts. ment; and (B) INCLUSIONS.—A plan under subpara- (ii) consider any comments received in the graph (A) shall address potential measures, (b) MEMBERSHIP.— development of final guidelines. practices, and policies to reduce loss of life, (1) VOTING MEMBERS.—The Board shall be composed of the following 14 voting mem- (2) GRANT PROGRAM.— injuries, damage to property and facilities, bers, each of whom shall be appointed by the (A) ESTABLISHMENT.—The Secretary shall public expenditures, and other adverse im- establish a program under which the Sec- pacts of flooding in each applicable leveed Secretary, with priority consideration given retary shall provide grants to assist States area. to representatives from those States that and Indian tribes in establishing partici- (C) IMPLEMENTATION.—Not later than 1 have the most Corps of Engineers levees in pating programs, conducting levee inven- year after the date of completion of con- the State, based on mileage: tories, and carrying out this title. struction of the applicable project, a flood- (A) 8 representatives of State levee safety (B) REQUIREMENTS.—To be eligible to re- plain management plan prepared under sub- programs, 1 from each of the civil works di- ceive grants under this section, a State or paragraph (A) shall be implemented. visions of the Corps of Engineers. Indian tribe shall— (D) GUIDELINES.—Not later than 180 days (B) 2 representatives of the private sector (i) meet the requirements of a partici- after the date of enactment of this Act, the who have expertise in levee safety. pating program established by the guidelines Secretary, in consultation with the Adminis- (C) 2 representatives of local and regional issued under paragraph (1); trator of the Federal Emergency Manage- governmental agencies who have expertise in (ii) use not less than 25 percent of any ment Agency, shall develop such guidelines levee safety. amounts received to identify and assess non- for the preparation of floodplain manage- (D) 2 representatives of Indian tribes who Federal levees within the State or on land of ment plans prepared under this paragraph as have expertise in levee safety. the Indian tribe; the Secretary determines to be appropriate. (2) NONVOTING MEMBERS.—The Secretary (iii) submit to the Secretary any informa- (E) TECHNICAL SUPPORT.—The Secretary (or a designee of the Secretary), the Admin- tion collected by the State or Indian tribe in may provide technical support for the devel- istrator of the Federal Emergency Manage- carrying out this subsection for inclusion in opment and implementation of floodplain ment Agency (or a designee of the Adminis- the national levee safety database; and management plans prepared under this para- trator), and the administrator of the na- (iv) identify actions to address hazard graph. tional levee safety program appointed under mitigation activities associated with levees (4) USE OF FUNDS.— section 6004(b)(1)(A) shall serve as nonvoting and leveed areas identified in the hazard (A) IN GENERAL.—Assistance provided members of the Board. mitigation plan of the State approved by the under this subsection may be used— (3) CHAIRPERSON.—The voting members of Administrator of the Federal Emergency (i) for any rehabilitation activity to maxi- the Board shall appoint a chairperson from Management Agency under the Robert T. mize overall risk reduction associated with a among the voting members of the Board, to Stafford Disaster Relief and Emergency As- levee under a participating State or tribal serve a term of not more than 2 years. sistance Act (42 U.S.C. 5121 et seq.). levee safety program; and (c) QUALIFICATIONS.— (C) MEASURES TO ASSESS EFFECTIVENESS.— (ii) only for a levee that is not federally op- (1) INDIVIDUALS.—Each voting member of Not later than 1 year after the enactment of erated and maintained. the Board shall be knowledgeable in the field this Act, the Secretary shall implement (B) PROHIBITION.—Assistance provided of levee safety, including water resources quantifiable performance measures and under this subsection shall not be used— and flood risk management. metrics to assess the effectiveness of the (i) to perform routine operation or mainte- (2) AS A WHOLE.—The membership of the grant program established in accordance nance for a levee; or Board, considered as a whole, shall represent with subparagraph (A). (ii) to make any modification to a levee the diversity of skills required to advise the (j) LEVEE REHABILITATION ASSISTANCE PRO- that does not result in an improvement to Secretary regarding levee issues relating GRAM.— public safety. to— (1) ESTABLISHMENT.—The Secretary, in (5) NO PROPRIETARY INTEREST.—A contract (A) engineering; consultation with the Administrator of the for assistance provided under this subsection (B) public communications; Federal Emergency Management Agency, shall not be considered to confer any propri- (C) program development and oversight; shall establish a program under which the etary interest on the United States. (D) with respect to levees, flood risk man- Secretary shall provide assistance to States, (6) COST-SHARE.—The maximum Federal agement and hazard mitigation; and Indian tribes, and local governments in ad- share of the cost of any assistance provided (E) public safety and the environment. dressing flood mitigation activities that re- under this subsection shall be 65 percent. (d) TERMS OF SERVICE.— sult in an overall reduction in flood risk. (7) PROJECT LIMIT.—The maximum amount (1) IN GENERAL.—A voting member of the (2) REQUIREMENTS.—To be eligible to re- of Federal assistance for a project under this Board shall be appointed for a term of 3 ceive assistance under this subsection, a subsection shall be $10,000,000. years, except that, of the members first ap- State, Indian tribe, or local government (8) OTHER LAWS.—Assistance provided pointed— shall— under this subsection shall be subject to all (A) 5 shall be appointed for a term of 1 (A) participate in, and comply with, all ap- applicable laws (including regulations) that year; plicable Federal floodplain management and apply to the construction of a civil works (B) 5 shall be appointed for a term of 2 flood insurance programs; project of the Corps of Engineers. years; and (B) have in place a hazard mitigation plan (k) EFFECT OF SECTION.—Nothing in this (C) 4 shall be appointed for a term of 3 that— section— years.

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(2) REAPPOINTMENT.—A voting member of (1) shall submit to the Secretary and Con- ation and maintenance activities at existing the Board may be reappointed to the Board, gress an annual report regarding the effec- levee projects in compliance with all applica- as the Secretary determines to be appro- tiveness of the national levee safety program ble laws; and priate. in accordance with section 6007; and (D) any recommendations for legislation (3) VACANCIES.—A vacancy on the Board (2) may secure from other Federal agencies and other congressional actions necessary to shall be filled in the same manner as the such services, and enter into such contracts, ensure national levee safety. original appointment was made. as the Board determines to be necessary to (2) INCLUSION.—Each report under para- (e) STANDING COMMITTEES.— carry out this subsection. graph (1) shall include a report of the Board (1) IN GENERAL.—The Board shall be sup- (g) TASK FORCE COORDINATION.—The Board that describes the independent recommenda- ported by Standing Committees, which shall shall, to the maximum extent practicable, tions of the Board for the implementation of be comprised of volunteers from all levels of coordinate the activities of the Board with the national levee safety program. government and the private sector, to advise the Federal Interagency Floodplain Manage- (b) NATIONAL DAM AND LEVEE SAFETY PRO- the Board regarding the national levee safe- ment Task Force. GRAM.—Not later than 3 years after the date (h) COMPENSATION.— ty program. of enactment of this Act, to the maximum (1) FEDERAL EMPLOYEES.—Each member of (2) ESTABLISHMENT.—The Standing Com- extent practicable, the Secretary, in coordi- the Board who is an officer or employee of mittees of the Board shall include— nation with the Board, shall submit to Con- the United States shall serve without com- (A) the Standing Committee on Partici- gress a report that includes recommenda- pensation in addition to compensation re- pating Programs, which shall advise the tions regarding the advisability and feasi- ceived for the services of the member as an Board regarding— bility of, and potential approaches for, estab- officer or employee of the United States, but (i) the development and implementation of lishing a joint national dam and levee safety shall be allowed a per diem allowance for State and tribal levee safety programs; and program. travel expenses, at rates authorized for an (ii) appropriate incentives (including finan- (c) ALIGNMENT OF FEDERAL PROGRAMS RE- employee of an agency under subchapter I of cial assistance) to be provided to States, In- LATING TO LEVEES.—Not later than 2 years chapter 57 of title 5, United States Code, dian tribes, and local and regional entities; after the date of enactment of this Act, the while away from the home or regular place (B) the Standing Committee on Technical Comptroller General shall submit to Con- of business of the member in the perform- Issues, which shall advise the Board regard- gress a report on opportunities for alignment ance of the duties of the Board. ing— of Federal programs to provide incentives to (2) NON-FEDERAL EMPLOYEES.—To the ex- (i) the management of the national levee State, tribal, and local governments and intent amounts are made available to carry database; dividuals and entities— out this section in appropriations Acts, the (ii) the development and maintenance of (1) to promote shared responsibility for Secretary shall provide to each member of levee safety guidelines; levee safety; the Board who is not an officer or employee (iii) processes and materials for developing (2) to encourage the development of strong of the United States a stipend and a per diem levee-related technical assistance and train- State and tribal levee safety programs; allowance for travel expenses, at rates au- ing; and (3) to better align the national levee safety thorized for an employee of an agency under (iv) research and development activities program with other Federal flood risk man- subchapter I of chapter 57 of title 5, United relating to levee safety; agement programs; and States Code, while away from the home or (C) the Standing Committee on Public (4) to promote increased levee safety regular place of business of the member in Education and Awareness, which shall advise through other Federal programs providing performance of services for the Board. the Board regarding the development, imple- assistance to State and local governments. (3) STANDING COMMITTEE MEMBERS.—Each mentation, and evaluation of targeted public (d) LIABILITY FOR CERTAIN LEVEE ENGI- member of a Standing Committee shall— outreach programs— NEERING PROJECTS.—Not later than 1 year (A) serve in a voluntary capacity; but (i) to gather public input; after the date of enactment of this Act, the (B) receive a per diem allowance for travel (ii) to educate and raise awareness in Secretary shall submit to Congress a report expenses, at rates authorized for an em- leveed areas of levee risks; that includes recommendations that identify ployee of an agency under subchapter I of (iii) to communicate information regard- and address any legal liability associated chapter 57 of title 5, United States Code, ing participating programs; and with levee engineering projects that pre- while away from the home or regular place (iv) to track the effectiveness of public vent— of business of the member in performance of education efforts relating to levee risks; (1) levee owners from obtaining needed services for the Board. (D) the Standing Committee on Safety and levee engineering services; or (i) NONAPPLICABILITY OF FACA.—The Fed- Environment, which shall advise the Board (2) development and implementation of a eral Advisory Committee Act (5 U.S.C. App.) State or tribal levee safety program. regarding— shall not apply to the Board or the Standing (i) operation and maintenance activities Committees. SEC. 6008. EFFECT OF TITLE. for existing levee projects; Nothing in this title— SEC. 6006. INVENTORY AND INSPECTION OF LEV- (ii) opportunities to coordinate public safe- EES. (1) establishes any liability of the United ty, floodplain management, and environ- Section 9004(a)(2)(A) of the Water Re- States or any officer or employee of the mental protection activities relating to lev- sources Development Act of 2007 (33 U.S.C. United States (including the Board and the ees; 3303(a)(2)(A)) is amended by striking ‘‘and, Standing Committees of the Board) for any (iii) opportunities to coordinate environ- for non-Federal levees, such information on damages caused by any action or failure to mental permitting processes for operation levee location as is provided to the Secretary act; or and maintenance activities at existing levee by State and local governmental agencies’’ (2) relieves an owner or operator of a levee projects in compliance with all applicable and inserting ‘‘and updated levee informa- of any legal duty, obligation, or liability in- laws; and tion provided by States, Indian tribes, Fed- cident to the ownership or operation of the (iv) opportunities for collaboration by en- eral agencies, and other entities’’. levee. vironmental protection and public safety in- SEC. 6007. REPORTS. SEC. 6009. AUTHORIZATION OF APPROPRIATIONS. terests in leveed areas and adjacent areas; (a) STATE OF LEVEES.— There are authorized to be appropriated to and (1) IN GENERAL.—Not later than 1 year after the Secretary to carry out this title— (E) such other standing committees as the the date of enactment of this Act, and bien- (1) for funding the administration and staff Secretary, in consultation with the Board, nially thereafter, the Secretary in coordina- of the national levee safety program, the determines to be necessary. tion with the Board, shall submit to Con- Board, the Standing Committees of the (3) MEMBERSHIP.— gress a report describing the state of levees Board, and participating programs, $5,000,000 (A) IN GENERAL.—The Board shall rec- in the United States and the effectiveness of for each of fiscal years 2014 through 2023; ommend to the Secretary for approval indi- the national levee safety program, includ- (2) for technical programs, including the viduals for membership on the Standing ing— development of levee safety guidelines, pub- Committees. (A) progress achieved in implementing the lications, training, and technical assist- (B) QUALIFICATIONS.— national levee safety program; ance— (i) INDIVIDUALS.—Each member of a Stand- (B) State and tribal participation in the (A) $5,000,000 for each of fiscal years 2014 ing Committee shall be knowledgeable in the national levee safety program; through 2018; issue areas for which the Committee is (C) recommendations to improve coordina- (B) $7,500,000 for each of fiscal years 2019 charged with advising the Board. tion of levee safety, floodplain management, and 2020; and (ii) AS A WHOLE.—The membership of each and environmental protection concerns, in- (C) $10,000,000 for each of fiscal years 2021 Standing Committee, considered as a whole, cluding— through 2023; shall represent, to the maximum extent (i) identifying and evaluating opportuni- (3) for public involvement and education practicable, broad geographical diversity. ties to coordinate public safety, floodplain programs, $3,000,000 for each of fiscal years (C) LIMITATION.—Each Standing Com- management, and environmental protection 2014 through 2023; mittee shall be comprised of not more than activities relating to levees; and (4) to carry out the levee inventory and in- 10 members. (ii) evaluating opportunities to coordinate spections under section 9004 of the Water Re- (f) DUTIES AND POWERS.—The Board— environmental permitting processes for oper- sources Development Act of 2007 (33 U.S.C.

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MY6.012 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3486 CONGRESSIONAL RECORD — SENATE May 15, 2013 3303), $30,000,000 for each of fiscal years 2014 (1) establish a system to identify and apply fying project or the study or design of a com- through 2018; on a continuing basis lessons learned from mercial navigation feature or component of (5) for grants to State and tribal levee safe- prior or ongoing qualifying projects to im- the inland waterways and inland harbors of ty programs, $300,000,000 for fiscal years 2014 prove the likelihood of on-time and on-budg- the United States. through 2023; and et completion of qualifying projects; ‘‘(4) INDEPENDENT JUDGMENT.—Any advice (6) for levee rehabilitation assistance (2) evaluate early contractor involvement or recommendation made by the Users Board grants, $300,000,000 for fiscal years 2014 acquisition procedures to improve on-time to the Secretary shall reflect the inde- through 2023. and on-budget project delivery performance; pendent judgment of the Users Board.’’; TITLE VII—INLAND WATERWAYS and (2) by redesignating subsection (c) as sub- SEC. 7001. PURPOSES. (3) implement any additional measures section (f); and The purposes of this title are— that the Secretary determines will achieve (3) by inserting after subsection (b) the fol- (1) to improve program and project man- the purposes of this title and the amend- lowing: agement relating to the construction and ments made by this title, including, as the ‘‘(c) DUTIES OF SECRETARY.—The Secretary major rehabilitation of navigation projects Secretary determines to be appropriate— shall— on inland waterways; (A) the implementation of applicable prac- ‘‘(1) communicate not less than once each (2) to optimize inland waterways naviga- tices and procedures developed pursuant to quarter to the Users Board the status of the tion system reliability; management by the Secretary of an applica- study, design, or construction of all commer- (3) to minimize the size and scope of inland ble military construction program; cial navigation features or components of waterways navigation project completion (B) the establishment of 1 or more centers the inland waterways or inland harbors of schedules; of expertise for the design and review of the United States; and (4) to eliminate preventable delays in in- qualifying projects; ‘‘(2) submit to the Users Board a courtesy land waterways navigation project comple- (C) the development and use of a portfolio copy of all reports of the Chief of Engineers tion schedules; and of standard designs for inland navigation relating to a commercial navigation feature (5) to make inland waterways navigation locks; or component of the inland waterways or in- capital investments through the use of (D) the use of full-funding contracts or for- land harbors of the United States. prioritization criteria that seek to maximize mulation of a revised continuing contracts ‘‘(d) CAPITAL INVESTMENT PROGRAM.— systemwide benefits and minimize overall clause; and ‘‘(1) IN GENERAL.—Not later than 1 year system risk. (E) the establishment of procedures for rec- after the date of enactment of this sub- ommending new project construction starts SEC. 7002. DEFINITIONS. section, the Secretary, in coordination with In this title: using a capital projects business model. the Users Board, shall develop, and submit to (c) PILOT PROJECTS.— (1) INLAND WATERWAYS TRUST FUND.—The Congress a report describing, a 20-year pro- (1) IN GENERAL.—Subject to paragraph (2), term ‘‘Inland Waterways Trust Fund’’ means gram for making capital investments on the the Secretary may carry out 1 or more pilot the Inland Waterways Trust Fund estab- inland and intracoastal waterways, based on projects to evaluate processes or procedures lished by section 9506(a) of the Internal Rev- the application of objective, national project for the study, design, or construction of enue Code of 1986. selection prioritization criteria. qualifying projects. (2) QUALIFYING PROJECT.—The term ‘‘quali- ‘‘(2) CONSIDERATION.—In developing the (2) INCLUSIONS.—At a minimum, the Sec- fying project’’ means any construction or program under paragraph (1), the Secretary retary shall carry out pilot projects under major rehabilitation project for navigation shall take into consideration the 20-year cap- this subsection to evaluate— infrastructure of the inland and intracoastal ital investment strategy contained in the In- (A) early contractor involvement in the de- waterways that is— land Marine Transportation System (IMTS) velopment of features and components; (A) authorized before, on, or after the date Capital Projects Business Model, Final Re- (B) an appropriate use of continuing con- of enactment of this Act; port published on April 13, 2010, as approved tracts for the construction of features and (B) not completed on the date of enact- by the Users Board. components; and ment of this Act; and ‘‘(3) CRITERIA.—In developing the plan and (C) applicable principles, procedures, and (C) funded at least in part from the Inland prioritization criteria under paragraph (1), processes used for military construction Waterways Trust Fund. the Secretary shall ensure, to the maximum projects. (3) SECRETARY.—The term ‘‘Secretary’’ extent practicable, that investments made (d) INLAND WATERWAYS USER BOARD.—Sec- means the Secretary of the Army, acting tion 302 of the Water Resources Development under the 20-year program described in para- through the Chief of Engineers. Act of 1986 (33 U.S.C. 2251) is amended— graph (1)— SEC. 7003. PROJECT DELIVERY PROCESS RE- (1) by striking subsection (b) and inserting ‘‘(A) are made in all geographical areas of FORMS. the following: the inland waterways system; and (a) REQUIREMENTS FOR QUALIFYING ‘‘(b) DUTIES OF USERS BOARD.— ‘‘(B) ensure efficient funding of inland wa- PROJECTS.—With respect to each qualifying ‘‘(1) IN GENERAL.—The Users Board shall terways projects. project, the Secretary shall require— meet not less frequently than semiannually ‘‘(4) STRATEGIC REVIEW AND UPDATE.—Not (1) formal project management training to develop and make recommendations to later than 5 years after the date of enact- and certification for each project manager; ment of this subsection, and not less fre- (2) assignment as project manager only of the Secretary and Congress regarding the inland waterways and inland harbors of the quently than once every 5 years thereafter, personnel fully certified by the Chief of En- the Secretary, in conjunction with the Users gineers; and United States. ‘‘(2) ADVICE AND RECOMMENDATIONS.—For Board, shall— (3) for an applicable cost estimation, that— ‘‘(A) submit to Congress a strategic review (A) the estimation— commercial navigation features and components of the inland waterways and inland of the 20-year program in effect under this (i) is risk-based; and subsection, which shall identify and explain (ii) has a confidence level of at least 80 per- harbors of the United States, the Users Board shall provide— any changes to the project-specific rec- cent; and ommendations contained in the previous 20- (B) a risk-based cost estimate shall be im- ‘‘(A) prior to the development of the budget proposal of the President for a given fiscal year program (including any changes to the plemented— prioritization criteria used to develop the (i) for a qualified project that requires an year, advice and recommendations to the Secretary regarding construction and reha- updated recommendations); and increase in the authorized amount in accord- ‘‘(B) make such revisions to the program ance with section 902 of the Water Resources bilitation priorities and spending levels; as the Secretary and Users Board jointly Development Act of 1986 (Public Law 99–662; ‘‘(B) advice and recommendations to Con- consider to be appropriate. 100 Stat. 4183), during the preparation of a gress regarding any report of the Chief of En- ‘‘(e) PROJECT MANAGEMENT PLANS.—The post-authorization change report or other gineers relating to those features and compo- chairperson of the Users Board and the similar decision document; nents; project development team member appointed (ii) for a qualified project for which the ‘‘(C) advice and recommendations to Con- by the chairperson under subsection (b)(3) first construction contract has not been gress regarding an increase in the authorized shall sign the project management plan for awarded, prior to the award of the first con- cost of those features and components; the qualifying project or the study or design struction contract; ‘‘(D) not later than 60 days after the date of a commercial navigation feature or com- (iii) for a qualified project without a com- of the submission of the budget proposal of ponent of the inland waterways and inland pleted Chief of Engineers report, prior to the the President to Congress, advice and rec- harbors of the United States.’’. completion of such a report; and ommendations to Congress regarding con- (iv) for a qualified project with a com- struction and rehabilitation priorities and SEC. 7004. MAJOR REHABILITATION STANDARDS. pleted Chief of Engineers report that has not spending levels; and Section 205(1)(E)(ii) of the Water Resources yet been authorized, during design for the ‘‘(E) a long-term capital investment pro- Development Act of 1992 (33 U.S.C. qualified project. gram in accordance with subsection (d). 2327(1)(E)(ii)) is amended by striking (b) ADDITIONAL PROJECT DELIVERY PROCESS ‘‘(3) PROJECT DEVELOPMENT TEAMS.—The ‘‘$8,000,000’’ and inserting ‘‘$20,000,000’’. REFORMS.—Not later than 18 months after chairperson of the Users Board shall appoint SEC. 7005. INLAND WATERWAYS SYSTEM REVE- the date of enactment of this Act, the Sec- a representative of the Users Board to serve NUES. retary shall— on the project development team for a quali- (a) FINDINGS.—Congress finds that—

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MY6.012 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3487 (1) there are approximately 12,000 miles of (5) such other contributory factors as the the minimum resources required under that Federal waterways, known as the inland wa- Comptroller General determines to be appro- subsection would result in making the terways system, that are supported by user priate. amounts made available for the applicable fees and managed by the Corps of Engineers; SEC. 7008. OLMSTED LOCKS AND DAM, LOWER fiscal year to carry out all programs, (2) the inland waterways system spans 38 OHIO RIVER, ILLINOIS AND KEN- projects, and activities of the civil works States and handles approximately one-half TUCKY. program of the Corps of Engineers, other of all inland waterway freight; Section 3(a)(6) of the Water Resources De- than the harbor maintenance programs, to (3) according to the final report of the In- velopment Act of 1988 (102 Stat. 4013) is be less than the amounts made available for land Marine Transportation System Capital amended by striking ‘‘and with the costs of those purposes in the previous fiscal year. Projects Business Model, freight traffic on construction’’ and all that follows through (2) CALCULATION OF AMOUNTS.—For each fis- the Federal fuel-taxed inland waterways sys- the period at the end and inserting ‘‘which cal year, the amounts made available to tem accounts for 546,000,000 tons of freight amounts remaining after the date of enact- carry out all programs, projects, and activi- each year; ment of this Act shall be appropriated from ties of the civil works program of the Corps (4) expenditures for construction and major the general fund of the Treasury.’’. of Engineers shall not include any amounts rehabilitation projects on the inland water- TITLE VIII—HARBOR MAINTENANCE that are designated by Congress— ways system are equally cost-shared between SEC. 8001. SHORT TITLE. (A) as being for emergency requirements the Federal Government and the Inland Wa- This title may be cited as the ‘‘Harbor pursuant to section 251(b)(2)(A)(i) of the Bal- terways Trust Fund; Maintenance Trust Fund Act of 2013’’. anced Budget and Emergency Deficit Control (5) the Inland Waterways Trust Fund is fi- SEC. 8002. PURPOSES. Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)); or nanced through a fee of $0.20 per gallon on The purposes of this title are— (B) as being for disaster relief pursuant to fuel used by commercial barges; (1) to ensure that revenues collected into section 251(b)(2)(D) of the Balanced Budget (6) the balance of the Inland Waterways the Harbor Maintenance Trust Fund are used and Emergency Deficit Control Act of 1985 (2 Trust Fund has declined significantly in re- for the intended purposes of those revenues; U.S.C. 901(b)(2)(D)). cent years; (2) to increase investment in the operation (3) EXCEPTIONS.—Paragraph (1) shall not (7) according to the final report of the In- and maintenance of United States ports, apply if— land Marine Transportation System Capital which are critical for the economic competi- (A) amounts made available for the civil Projects Business Model, the estimated fi- tiveness of the United States; works program of the Corps of Engineers for nancial need for construction and major re- (3) to promote equity among ports nation- a fiscal year are less than the amounts made habilitation projects on the inland water- wide; available for the civil works program in the ways system for fiscal years 2011 through (4) to ensure United States ports are pre- previous fiscal year; and 2030 is approximately $18,000,000,000; and pared to meet modern shipping needs, includ- (B) the reduction in amounts made avail- (8) users of the inland waterways system ing the capability to receive large ships that able— are supportive of an increase in the existing require deeper drafts; and (i) applies to all discretionary funds and revenue sources for inland waterways system (5) to prevent cargo diversion from United programs of the Federal Government; and construction and major rehabilitation ac- States ports. (ii) is applied to the civil works program in tivities to expedite the most critical of those SEC. 8003. FUNDING FOR HARBOR MAINTENANCE the same percentage and manner as other construction and major rehabilitation PROGRAMS. discretionary funds and programs. projects. (a) DEFINITIONS.—In this section: SEC. 8004. HARBOR MAINTENANCE TRUST FUND (1) TOTAL BUDGET RESOURCES.—The term (b) SENSE OF CONGRESS.—It is the sense of PRIORITIZATION. Congress that— ‘‘total budget resources’’ means the total (a) POLICY.—It is the policy of the United (1) the existing revenue sources for inland amount made available by appropriations States that the primary use of the Harbor waterways system construction and rehabili- Acts from the Harbor Maintenance Trust Maintenance Trust Fund is for maintaining Fund for a fiscal year for making expendi- tation activities are insufficient to cover the the constructed widths and depths of the tures under section 9505(c) of the Internal costs of non-Federal interests of construc- commercial ports and harbors of the United Revenue Code of 1986. States, and those functions should be given tion and major rehabilitation projects on the (2) LEVEL OF RECEIPTS PLUS INTEREST.—The first consideration in the budgeting of Har- inland waterways system; and term ‘‘level of receipts plus interest’’ means bor Maintenance Trust Fund allocations. (2) the issue described in paragraph (1) the level of taxes and interest credited to the (b) IN GENERAL.—Section 210 of the Water should be addressed. Harbor Maintenance Trust Fund under sec- Resources Development Act of 1986 (33 U.S.C. SEC. 7006. EFFICIENCY OF REVENUE COLLEC- tion 9505 of the Internal Revenue Code of 1986 2238) is amended by adding at the end the fol- TION. for a fiscal year as set forth in the Presi- lowing: Not later than 2 years after the date of en- dent’s budget baseline projection, as deter- ‘‘(c) PRIORITIZATION.— actment of this Act, the Comptroller General mined under section 257 of the Balanced ‘‘(1) DEFINITIONS.—In this subsection: shall prepare a report on the efficiency of Budget and Emergency Deficit Control Act ‘‘(A) CONSTRUCTED WIDTH AND DEPTH.—The collecting the fuel tax for the Inland Water- of 1985 (2 U.S.C. 907) for that fiscal year sub- term ‘constructed width and depth’ means ways Trust Fund, which shall include— mitted pursuant to section 1105 of title 31, the depth to which a project has been con- (1) an evaluation of whether current meth- United States Code. structed, which shall not exceed the author- ods of collection of the fuel tax result in full (b) MINIMUM RESOURCES.— ized width and depth of the project. compliance with requirements of the law; (1) MINIMUM RESOURCES.— ‘‘(B) GREAT LAKES NAVIGATION SYSTEM.— (2) whether alternative methods of collec- (A) IN GENERAL.—The total budget re- The term ‘Great Lakes Navigation System’ tion would result in increased revenues into sources made available to the Secretary includes— the Inland Waterways Trust Fund; and from the Harbor Maintenance Trust Fund ‘‘(i)(I) Lake Superior; (3) an evaluation of alternative collection shall be not less than the lesser of— ‘‘(II) Lake Huron; options. (i)(I) for fiscal year 2014, $1,000,000,000; ‘‘(III) Lake Michigan; SEC. 7007. GAO STUDY, OLMSTED LOCKS AND (II) for fiscal year 2015, $1,100,000,000; ‘‘(IV) Lake Erie; and DAM, LOWER OHIO RIVER, ILLINOIS (III) for fiscal year 2016, $1,200,000,000; ‘‘(V) Lake Ontario; AND KENTUCKY. (IV) for fiscal year 2017, $1,300,000,000; ‘‘(ii) all connecting waters between the As soon as practicable after the date of en- (V) for fiscal year 2018, $1,400,000,000; and lakes referred to in clause (i) used for com- actment of this Act, the Comptroller General (VI) for fiscal year 2019, $1,500,000,000; and mercial navigation; of the United States shall conduct, and sub- (ii) the level of receipts plus interest cred- ‘‘(iii) any navigation features in the lakes mit to Congress a report describing the re- ited to the Harbor Maintenance Trust Fund referred to in clause (i) or waters described sults of, a study to determine why, and to for that fiscal year. in clause (ii) that are a Federal operation or what extent, the project for navigation, (B) FISCAL YEAR 2020 AND SUBSEQUENT FIS- maintenance responsibility; and Lower Ohio River, Locks and Dams 52 and 53, CAL YEARS.—For fiscal year 2020 and each fis- ‘‘(iv) areas of the Saint Lawrence River Illinois and Kentucky (commonly known as cal year thereafter, the total budget re- that are operated or maintained by the Fed- the ‘‘Olmsted Locks and Dam project’’), au- sources made available to the Secretary eral Government for commercial navigation. thorized by section 3(a)(6) of the Water Re- from the Harbor Maintenance Trust Fund ‘‘(C) HIGH-USE DEEP DRAFT.— sources Development Act of 1988 (102 Stat. shall be not less than the level of receipts ‘‘(i) IN GENERAL.—The term ‘high-use deep 4013), has exceeded the budget for the project plus interest credited to the Harbor Mainte- draft’ means a project that has a depth of and the reasons why the project failed to be nance Trust Fund for that fiscal year. greater than 14 feet with not less than completed as scheduled, including an assess- (2) USE OF AMOUNTS.—The amounts de- 10,000,000 tons of cargo annually. ment of— scribed in paragraph (1) may be used only for ‘‘(ii) EXCLUSION.—The term ‘high-use deep (1) engineering methods used for the harbor maintenance programs described in draft’ does not include a project located in project; section 9505(c) of the Internal Revenue Code the Great Lakes Navigation System. (2) the management of the project; of 1986. ‘‘(D) LOW-USE PORT.—The term ‘low-use (3) contracting for the project; (c) IMPACT ON OTHER FUNDS.— port’ means a port at which not more than (4) the cost to the United States of benefits (1) IN GENERAL.—Subject to paragraph (3), 1,000,000 tons of cargo are transported each foregone due to project delays; and subsection (b)(1) shall not apply if providing calendar year.

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‘‘(E) MODERATE-USE PORT.—The term ‘mod- and projects at moderate-use ports and low- ‘‘(i) CARGO CONTAINER.—The term ‘cargo erate-use port’ means a port at which more use ports to the constructed depth and width container’ means a cargo container that is 1 than 1,000,000, but fewer than 10,000,000, tons of the projects.’’. Twenty-foot Equivalent Unit. of cargo are transported each calendar year. (c) OPERATION AND MAINTENANCE.—Section ‘‘(ii) ELIGIBLE DONOR PORT.—The term, ‘eli- ‘‘(2) PRIORITY.—Of the amounts made avail- 101(b) of the Water Resources Development gible donor port’ means a port— able under this section to carry out projects Act of 1986 (33 U.S.C. 2211(b)) is amended— ‘‘(I) that is subject to the harbor mainte- described in subsection (a)(2) that are in ex- (1) in paragraph (1), by striking ‘‘45 feet’’ nance fee under section 24.24 of title 19, Code cess of the amounts made available to carry and inserting ‘‘50 feet’’; and of Federal Regulations (or a successor regu- out those projects in fiscal year 2012, the (2) by adding at the end the following: lation); Secretary of the Army, acting through the ‘‘(3) OPERATION AND MAINTENANCE ACTIVI- ‘‘(II)(aa) at which the total amounts col- Chief of Engineers, shall give priority to TIES DEFINED.— lected pursuant to section 4461 of the Inter- those projects in the following order: ‘‘(A) SCOPE OF OPERATION AND MAINTENANCE nal Revenue Code of 1986 comprise not less ‘‘(A)(i) In any fiscal year in which all ACTIVITIES.—Notwithstanding any other pro- than $15,000,000 annually of the total funding projects subject to the harbor maintenance vision of law (including regulations and of the Harbor Maintenance Trust Fund es- fee under section 24.24 of title 19, Code of guidelines) and subject to subparagraph (B), tablished under section 9505 of the Internal Federal Regulations (or a successor regula- for purposes of this subsection, operation Revenue Code of 1986; and tion) are not maintained to their con- and maintenance activities that are eligible ‘‘(bb) that received less than 25 percent of structed width and depth, the Secretary for the Federal cost share under paragraph the total amounts collected at that port pur- shall prioritize amounts made available (1) shall include— suant to section 4461 of the Internal Revenue under this section for those projects that are ‘‘(i) the dredging of berths in a harbor that Code of 1986 in the previous 5 fiscal years; high-use deep draft and are a priority for is accessible to a Federal channel, if the Fed- and navigation in the Great Lakes Navigation eral channel has been constructed to a depth ‘‘(III) that is located in a State in which System. equal to the authorized depth of the channel; more than 2,000,000 cargo containers were un- ‘‘(ii) Of the amounts made available under and loaded from or loaded on to vessels in cal- clause (i)— ‘‘(ii) the dredging and disposal of legacy- endar year 2011. ‘‘(I) 80 percent shall be used for projects ‘‘(iii) ELIGIBLE ENERGY TRANSFER PORT.— that are high-use deep draft; and contaminated sediments and sediments un- suitable for ocean disposal that— The term ‘eligible energy transfer port’ ‘‘(II) 20 percent shall be used for projects means a port— that are a priority for navigation in the ‘‘(I) are located in or affect the maintenance of Federal navigation channels; or ‘‘(I) that is subject to the harbor mainte- Great Lakes Navigation System. nance fee under section 24.24 of title 19, Code ‘‘(B) In any fiscal year in which all projects ‘‘(II) are located in berths that are accessible to Federal channels. of Federal Regulation (or successor regula- identified as high-use deep draft are main- tion); and tained to their constructed width and depth, ‘‘(B) LIMITATIONS.— ‘‘(i) IN GENERAL.—For each fiscal year, sub- ‘‘(II)(aa) at which energy commodities the Secretary shall— comprised greater than 25 percent of all com- ‘‘(i) equally divide among each of the dis- ject to section 210(c)(2), subparagraph (A) shall only apply— mercial activity by tonnage in calendar year tricts of the Corps of Engineers in which eli- 2011; and gible projects are located 10 percent of re- ‘‘(I) to the amounts made available under maining amounts made available under this section 210 to carry out projects described in ‘‘(bb) through which more than 40 million section for moderate-use and low-use port subsection (a)(2) of that section that are in tons of cargo were transported in calendar projects— excess of the amounts made available to year 2011. ‘‘(I) that have been maintained at less than carry out those projects in fiscal year 2012; ‘‘(iv) ENERGY COMMODITY.—The term ‘en- their constructed width and depth due to in- and ergy commodity’ includes— sufficient federal funding during the pre- ‘‘(II) if, in that fiscal year, all projects ‘‘(I) petroleum products; ceding 6 fiscal years; and identified as high-use deep draft (as defined ‘‘(II) natural gas; ‘‘(II) for which significant State and local in section 210(c)) are maintained to their ‘‘(III) coal; investments in infrastructure have been constructed width and depth. ‘‘(IV) wind and solar energy components; made at those projects during the preceding ‘‘(ii) STATE LIMITATION.—For each fiscal and 6 fiscal years; and year, the operation and maintenance activi- ‘‘(V) biofuels. ‘‘(ii) prioritize any remaining amounts ties described in subparagraph (A) may only ‘‘(B) ADDITIONAL USES.— made available under this section for those be carried out in a State— ‘‘(i) IN GENERAL.—Subject to appropria- projects that are not maintained to the min- ‘‘(I) in which the total amounts collected tions, the Secretary may provide to eligible imum width and depth necessary to provide pursuant to section 4461 of the Internal Rev- donor ports and eligible energy transfer sufficient clearance for fully loaded commer- enue Code of 1986 comprise not less than 2.5 ports amounts in accordance with clause (ii). cial vessels using those projects to maneuver percent annually of the total funding of the ‘‘(ii) LIMITATIONS.—The amounts described safely. Harbor Maintenance Trust Fund established in clause (i)— ‘‘(3) ADMINISTRATION.—For purposes of this under section 9505 of the Internal Revenue ‘‘(I) made available for eligible energy subsection, State and local investments in Code of 1986; and transfer ports shall be divided equally among infrastructure shall include infrastructure ‘‘(II) that received less than 50 percent of all States with an eligible energy transfer investments made using amounts made the total amounts collected in that State port; and available for activities under section pursuant to section 4461 of the Internal Rev- ‘‘(II) shall be made available only to a port 105(a)(9) of the Housing and Community De- enue Code of 1986 in the previous 3 fiscal as either an eligible donor port or an eligible velopment Act of 1974 (42 U.S.C. 5305(a)(9)). years. energy transfer port. ‘‘(4) EXCEPTIONS.—The Secretary may ‘‘(iii) PRIORITIZATION.—In allocating ‘‘(C) USES.—Amounts provided to an eligi- prioritize a project not identified in para- amounts made available under this para- ble port under this paragraph may only be graph (2) if the Secretary determines that graph, the Secretary shall give priority to used by that port— funding for the project is necessary to ad- projects that have received the lowest ‘‘(i) to provide payments to importers en- dress— amount of funding from the Harbor Mainte- tering cargo or shippers transporting cargo ‘‘(A) hazardous navigation conditions; or nance Trust Fund in comparison to the through an eligible donor port or eligible en- ‘‘(B) impacts of natural disasters, includ- amount of funding contributed to the Harbor ergy transfer port, as calculated by U.S. Cus- ing storms and droughts. Maintenance Trust Fund in the previous 3 toms and Border Protection; ‘‘(5) REPORTS TO CONGRESS.—Not later than fiscal years. ‘‘(ii) to dredge berths in a harbor that is September 30, 2013, and annually thereafter, ‘‘(iv) MAXIMUM AMOUNT.—The total amount accessible to a Federal channel; the Secretary shall submit to Congress a re- made available in each fiscal year to carry ‘‘(iii) to dredge and dispose of legacy-con- port that describes, with respect to the pre- out this paragraph shall not exceed the less- taminated sediments and sediments unsuit- ceding fiscal year— er of— able for ocean disposal that— ‘‘(A) the amount of funds used to maintain ‘‘(I) amount that is equal to 40 percent of ‘‘(I) are located in or affect the mainte- high-use deep draft projects and projects at the amounts made available under section nance of Federal navigation channels; or moderate-use ports and low-use ports to the 210 to carry out projects described in sub- ‘‘(II) are located in berths that are acces- constructed depth and width of the projects; section (a)(2) of that section that are in ex- sible to Federal channels; or ‘‘(B) the respective percentage of total cess of the amounts made available to carry ‘‘(iv) for environmental remediation re- funds provided under this section used for out those projects in fiscal year 2012; and lated to dredging berths and Federal naviga- high use deep draft projects and projects at ‘‘(II) the amount that is equal to 20 percent tion channels. moderate-use ports and low-use ports; of the amounts made available under section ‘‘(D) ADMINISTRATION OF PAYMENTS.—If an ‘‘(C) the remaining amount of funds made 210 to carry out projects described in sub- eligible donor port or eligible energy trans- available to carry out this section, if any; section (a)(2) of that section. fer port elects to provide payments to im- and ‘‘(4) DONOR PORTS AND PORTS CONTRIBUTING porters or shippers in accordance with sub- ‘‘(D) any additional amounts needed to TO ENERGY PRODUCTION.— paragraph (C)(i), the Secretary shall transfer maintain the high-use deep draft projects ‘‘(A) DEFINITIONS.—In this paragraph: the amounts that would be provided to the

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MY6.012 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3489 port under this paragraph to the Commis- (3) by inserting before paragraph (2) (as re- 11 $1,000,000 for each of fiscal years 2014 sioner of U.S. Customs and Border Protec- designated by paragraph (2)) the following: through 2018.’’. tion to provide the payments to the import- ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- (d) RESEARCH.—Section 14(d) of the Na- ers or shippers. trator’ means the Administrator of the Fed- tional Dam Safety Program Act (as so redes- ‘‘(E) AUTHORIZATION OF APPROPRIATIONS.— eral Emergency Management Agency.’’. ignated) is amended by striking ‘‘$1,600,000’’ ‘‘(i) IN GENERAL.—For fiscal years 2014 SEC. 9004. INSPECTION OF DAMS. and all that follows through ‘‘2011’’ and in- through 2024, if the total amounts made Section 3(b)(1) of the National Dam Safety serting ‘‘$1,450,000 for each of fiscal years available from the Harbor Maintenance Program Act (33 U.S.C. 467a(b)(1)) is amended 2014 through 2018’’. Trust Fund exceed the total amounts made by striking ‘‘or maintenance’’ and inserting (e) DAM SAFETY TRAINING.—Section 14(e) of available from the Harbor Maintenance ‘‘maintenance, condition, or provisions for the National Dam Safety Program Act (as so Trust Fund in fiscal year 2012, there is au- emergency operations’’. redesignated) is amended by striking thorized to be appropriated from the Harbor SEC. 9005. NATIONAL DAM SAFETY PROGRAM. ‘‘$550,000’’ and all that follows through Maintenance Trust Fund to carry out this (a) OBJECTIVES.—Section 8(c) of the Na- ‘‘2011’’ and inserting ‘‘$750,000 for each of fis- paragraph the sum obtained by adding— tional Dam Safety Program Act (33 U.S.C. cal years 2014 through 2018’’. ‘‘(I) $50,000,000; and 467f(c)) is amended by striking paragraph (4) (f) STAFF.—Section 14(f) of the National ‘‘(II) the amount that is equal to 10 percent and inserting the following: Dam Safety Program Act (as so redesig- of the amounts made available under section ‘‘(4) develop and implement a comprehen- nated) is amended by striking ‘‘$700,000’’ and 210 to carry out projects described in sub- sive dam safety hazard education and public all that follows through ‘‘2011’’ and inserting section (a)(2) of that section that are in ex- awareness program to assist the public in ‘‘$1,000,000 for each of fiscal years 2014 cess of the amounts made available to carry preparing for, mitigating, responding to, and through 2018’’. out those projects in fiscal year 2012. recovering from dam incidents;’’. TITLE X—INNOVATIVE FINANCING PILOT ‘‘(ii) DIVISION BETWEEN ELIGIBLE DONOR (b) BOARD.—Section 8(f)(4) of the National PROJECTS PORTS AND ELIGIBLE ENERGY TRANSFER Dam Safety Program Act (33 U.S.C. 467f(f)(4)) SEC. 10001. SHORT TITLE. PORTS.—For each fiscal year, amounts made is amended by inserting ‘‘, representatives This title may be cited as the ‘‘Water In- available shall be divided equally between el- from nongovernmental organizations,’’ after frastructure Finance and Innovation Act of igible donor ports and eligible energy trans- ‘‘State agencies’’. 2013’’. fer ports.’’. SEC. 9006. PUBLIC AWARENESS AND OUTREACH SEC. 10002. PURPOSES. (d) CONFORMING AMENDMENT.—Section FOR DAM SAFETY. The purpose of this title is to establish a 9505(c)(1) of the Internal Revenue Code of The National Dam Safety Program Act (33 pilot program to assess the ability of innova- 1986 is amended by striking ‘‘as in effect on U.S.C. 467 et seq.) is amended— tive financing tools to— the date of the enactment of the Water Re- (1) by redesignating sections 11, 12, and 13 (1) promote increased development of crit- sources Development Act of 1996’’ and insert- as sections 12, 13, and 14, respectively; and ical water resources infrastructure by estab- ing ‘‘as in effect on the date of the enact- (2) by inserting after section 10 (33 U.S.C. lishing additional opportunities for financ- ment of the Harbor Maintenance Trust Fund 467g–1) the following: ing water resources projects that com- Act of 2013’’. ‘‘SEC. 11. PUBLIC AWARENESS AND OUTREACH plement but do not replace or reduce exist- FOR DAM SAFETY. SEC. 8005. HARBOR MAINTENANCE TRUST FUND ing Federal infrastructure financing tools ‘‘The Administrator, in consultation with STUDY. such as the State water pollution control re- other Federal agencies, State and local gov- (a) DEFINITIONS.—In this section: volving loan funds established under title VI ernments, dam owners, the emergency man- (1) LOW-USE PORT.—The term ‘‘low-use of the Federal Water Pollution Control Act agement community, the private sector, port’’ means a port at which not more than (33 U.S.C. 1381 et seq.) and the State drinking nongovernmental organizations and associa- 1,000,000 tons of cargo are transported each water treatment revolving loan funds estab- tions, institutions of higher education, and calendar year. lished under section 1452 of the Safe Drink- any other appropriate entities shall carry (2) MODERATE-USE PORT.—The term ‘‘mod- out a nationwide public awareness and out- ing Water Act (42 U.S.C. 300j–12); erate-use port’’ means a port at which more reach program to assist the public in pre- (2) attract new investment capital to infra- than 1,000,000, but fewer than 10,000,000, tons paring for, mitigating, responding to, and re- structure projects that are capable of gener- of cargo are transported each calendar year. covering from dam incidents.’’. ating revenue streams through user fees or (b) STUDY.—Not later than 270 days after other dedicated funding sources; SEC. 9007. AUTHORIZATION OF APPROPRIATIONS. the date of enactment of this Act, the Comp- (3) complement existing Federal funding (a) NATIONAL DAM SAFETY PROGRAM.— troller General of the United States shall sources and address budgetary constraints (1) ANNUAL AMOUNTS.—Section 14(a)(1) of carry out a study and submit to Congress a on the Corps of Engineers civil works pro- the National Dam Safety Program Act (33 report that— gram and existing wastewater and drinking U.S.C. 467j(a)(1)) (as so redesignated) is (1) evaluates the effectiveness of activities water infrastructure financing programs; amended by striking ‘‘$6,500,000’’ and all that funded by the Harbor Maintenance Trust (4) leverage private investment in water follows through ‘‘2011’’ and inserting Fund in maximizing economic growth and resources infrastructure; ‘‘$9,200,000 for each of fiscal years 2014 job creation in the communities surrounding (5) align investments in water resources in- through 2018’’. low- and moderate-use ports; and frastructure to achieve multiple benefits; (2) MAXIMUM AMOUNT OF ALLOCATION.—Sec- (2) includes recommendations relating to and tion 14(a)(2)(B) of the National Dam Safety the use of amounts in the Harbor Mainte- (6) assist communities facing significant Program Act (33 U.S.C. 467j(a)(2)(B)) (as so nance Trust Fund to increase the competi- water quality, drinking water, or flood risk redesignated) is amended— tiveness of United States ports relative to challenges with the development of water in- (A) by striking ‘‘The amount’’ and insert- Canadian and Mexican ports. frastructure projects. ing the following: SEC. 10003. DEFINITIONS. TITLE IX—DAM SAFETY ‘‘(i) IN GENERAL.—The amount’’; and In this title: SEC. 9001. SHORT TITLE. (B) by adding at the end the following: (1) ADMINISTRATOR.—The term ‘‘Adminis- This title may be cited as the ‘‘Dam Safety ‘‘(ii) FISCAL YEAR 2014 AND SUBSEQUENT FIS- trator’’ means the Administrator of the En- Act of 2013’’. CAL YEARS.—For fiscal year 2014 and each vironmental Protection Agency. SEC. 9002. PURPOSE. subsequent fiscal year, the amount of funds allocated to a State under this paragraph (2) COMMUNITY WATER SYSTEM.—The term The purpose of this title and the amend- ‘‘community water system’’ has the meaning ments made by this title is to reduce the may not exceed the amount of funds committed by the State to implement dam safe- given the term in section 1401 of the Safe risks to life and property from dam failure in Drinking Water Act (42 U.S.C. 300f). the United States through the reauthoriza- ty activities.’’. (b) NATIONAL DAM INVENTORY.—Section (3) FEDERAL CREDIT INSTRUMENT.—The term tion of an effective national dam safety pro- 14(b) of the National Dam Safety Program ‘‘Federal credit instrument’’ means a se- gram that brings together the expertise and Act (33 U.S.C. 467j(b)) (as so redesignated) is cured loan or loan guarantee authorized to resources of the Federal Government and amended by striking ‘‘$650,000’’ and all that be made available under this title with re- non-Federal interests in achieving national follows through ‘‘2011’’ and inserting spect to a project. dam safety hazard reduction. ‘‘$500,000 for each of fiscal years 2014 through (4) INVESTMENT-GRADE RATING.—The term SEC. 9003. ADMINISTRATOR. 2018’’. ‘‘investment-grade rating’’ means a rating of (a) IN GENERAL.—The National Dam Safety (c) PUBLIC AWARENESS.—Section 14 of the BBB minus, Baa3, bbb minus, BBB (low), or Program Act (33 U.S.C. 467 et seq.) is amend- National Dam Safety Program Act (33 U.S.C. higher assigned by a rating agency to project ed by striking ‘‘Director’’ each place it ap- 467j) (as so redesignated) is amended— obligations. pears and inserting ‘‘Administrator’’. (1) by redesignating subsections (c) (5) LENDER.— (b) CONFORMING AMENDMENT.—Section 2 of through (f) as subsections (d) through (g), re- (A) IN GENERAL.—The term ‘‘lender’’ means the National Dam Safety Program Act (33 spectively; and any non-Federal qualified institutional U.S.C. 467) is amended— (2) by inserting after subsection (b) the fol- buyer (as defined in section 230.144A(a) of (1) by striking paragraph (3); lowing: title 17, Code of Federal Regulations (or a (2) by redesignating paragraphs (1) and (2) ‘‘(c) PUBLIC AWARENESS.—There is author- successor regulation), known as Rule 144A(a) as paragraphs (2) and (3), respectively; and ized to be appropriated to carry out section of the Securities and Exchange Commission

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MY6.012 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3490 CONGRESSIONAL RECORD — SENATE May 15, 2013 and issued under the Securities Act of 1933 projects, which shall be selected to ensure a environmental impacts of water resources (15 U.S.C. 77a et seq.)). diversity of project types and geographical infrastructure projects otherwise eligible for (B) INCLUSIONS.—The term ‘‘lender’’ in- locations. assistance under this section. cludes— (b) RESPONSIBILITY.— (8) A combination of projects, each of (i) a qualified retirement plan (as defined (1) SECRETARY.—The Secretary shall carry which is eligible under paragraph (2) or (3), in section 4974(c) of the Internal Revenue out all pilot projects under this title that are for which a State infrastructure financing Code of 1986) that is a qualified institutional eligible projects under section 10007(1). authority submits to the Administrator a buyer; and (2) ADMINISTRATOR.—The Administrator single application. (ii) a governmental plan (as defined in sec- shall carry out all pilot projects under this (9) A combination of projects secured by a tion 414(d) of the Internal Revenue Code of title that are eligible projects under para- common security pledge, each of which is el- 1986) that is a qualified institutional buyer. graphs (2), (3), (4), (5), (6), and (8) of section igible under paragraph (1), (2), (3), (4), (5), (6), (6) LOAN GUARANTEE.—The term ‘‘loan 10007. or (7), for which an eligible entity, or a com- guarantee’’ means any guarantee or other (3) OTHER PROJECTS.—The Secretary or the bination of eligible entities, submits a single pledge by the Secretary or the Adminis- Administrator, as applicable, may carry out application. trator to pay all or part of the principal of, eligible projects under paragraph (7) or (9) of SEC. 10008. ACTIVITIES ELIGIBLE FOR ASSIST- and interest on, a loan or other debt obliga- section 10007. ANCE. tion issued by an obligor and funded by a SEC. 10005. APPLICATIONS. For purposes of this title, an eligible activity with respect to an eligible project in- lender. (a) IN GENERAL.—To receive assistance (7) OBLIGOR.—The term ‘‘obligor’’ means an under this title, an eligible entity shall sub- cludes the cost of— eligible entity that is primarily liable for mit to the Secretary or the Administrator, (1) development-phase activities, including payment of the principal of, or interest on, a as applicable, an application at such time, in planning, feasibility analysis (including any related analysis necessary to carry out an el- Federal credit instrument. such manner, and containing such informa- igible project), revenue forecasting, environ- (8) PROJECT OBLIGATION.— tion as the Secretary or the Administrator mental review, permitting, preliminary engi- (A) IN GENERAL.—The term ‘‘project obliga- may require. neering and design work, and other tion’’ means any note, bond, debenture, or (b) COMBINED PROJECTS.—In the case of an other debt obligation issued by an obligor in eligible project described in paragraph (8) or preconstruction activities; (2) construction, reconstruction, rehabili- connection with the financing of a project. (9) of section 10007, the Secretary or the Ad- tation, and replacement activities; (B) EXCLUSION.—The term ‘‘project obliga- ministrator, as applicable, shall require the (3) the acquisition of real property or an tion’’ does not include a Federal credit in- eligible entity to submit a single application interest in real property (including water strument. for the combined group of projects. (9) RATING AGENCY.—The term ‘‘rating rights, land relating to the project, and im- agency’’ means a credit rating agency reg- SEC. 10006. ELIGIBLE ENTITIES. provements to land), environmental mitiga- istered with the Securities and Exchange The following entities are eligible to re- tion (including acquisitions pursuant to sec- Commission as a nationally recognized sta- ceive assistance under this title: tion 10007(7)), construction contingencies, tistical rating organization (as defined in (1) A corporation. and acquisition of equipment; section 3(a) of the Securities Exchange Act (2) A partnership. (4) capitalized interest necessary to meet of 1934 (15 U.S.C. 78c(a))). (3) A joint venture. market requirements, reasonably required (10) RURAL WATER INFRASTRUCTURE (4) A trust. reserve funds, capital issuance expenses, and PROJECT.—The term ‘‘rural water infrastruc- (5) A Federal, State, or local governmental other carrying costs during construction; ture project’’ means a project that— entity, agency, or instrumentality. and (A) is described in section 10007; and (6) A tribal government or consortium of (5) refinancing interim construction fund- (B) is located in a water system that serves tribal governments. ing, long-term project obligations, or a se- not more than 25,000 individuals. (7) A State infrastructure financing au- cured loan or loan guarantee made under (11) SECURED LOAN.—The term ‘‘secured thority. this title. loan’’ means a direct loan or other debt obli- SEC. 10007. PROJECTS ELIGIBLE FOR ASSIST- SEC. 10009. DETERMINATION OF ELIGIBILITY gation issued by an obligor and funded by ANCE. AND PROJECT SELECTION. the Secretary in connection with the financ- The following projects may be carried out (a) ELIGIBILITY REQUIREMENTS.—To be eli- ing of a project under section 10010. with amounts made available under this gible to receive financial assistance under (12) STATE.—The term ‘‘State’’ means— title: this title, a project shall meet the following (A) a State; (1) A project for flood control or hurricane criteria, as determined by the Secretary or (B) the District of Columbia; and storm damage reduction that the Sec- Administrator, as applicable: (C) the Commonwealth of Puerto Rico; and retary has determined is technically sound, (1) CREDITWORTHINESS.— (D) any other territory or possession of the economically justified, and environmentally (A) IN GENERAL.—Subject to subparagraph United States. acceptable, including— (B), the project shall be creditworthy, which (13) STATE INFRASTRUCTURE FINANCING AU- (A) a structural or nonstructural measure shall be determined by the Secretary or the THORITY.—The term ‘‘State infrastructure fi- to reduce flood risk, enhance stream flow, or Administrator, as applicable, who shall en- nancing authority’’ means the State entity protect natural resources; and sure that any financing for the project has established or designated by the Governor of (B) a levee, dam, tunnel, aqueduct, res- appropriate security features, such as a rate a State to receive a capitalization grant pro- ervoir, or other related water infrastructure. covenant, to ensure repayment. vided by, or otherwise carry out the require- (2) 1 or more activities that are eligible for (B) PRELIMINARY RATING OPINION LETTER.— ments of, title VI of the Federal Water Pol- assistance under section 603(c) of the Federal The Secretary or the Administrator, as ap- lution Control Act (33 U.S.C. 1381 et. seq.) or Water Pollution Control Act (33 U.S.C. plicable, shall require each project applicant section 1452 of the Safe Drinking Water Act 1383(c)), notwithstanding the public owner- to provide a preliminary rating opinion let- (42 U.S.C. 300j–12). ship requirement under paragraph (1) of that ter from at least 1 rating agency indicating (14) SUBSIDY AMOUNT.—The term ‘‘subsidy subsection. that the senior obligations of the project amount’’ means the amount of budget au- (3) 1 or more activities described in section (which may be the Federal credit instru- thority sufficient to cover the estimated 1452(a)(2) of the Safe Drinking Water Act (42 ment) have the potential to achieve an in- long-term cost to the Federal Government of U.S.C. 300j–12(a)(2)). vestment-grade rating. a Federal credit instrument, as calculated on (4) A project for enhanced energy effi- (C) SPECIAL RULE FOR CERTAIN COMBINED a net present value basis, excluding adminis- ciency in the operation of a public water sys- PROJECTS.—The Administrator shall develop trative costs and any incidental effects on tem or a publicly owned treatment works. a credit evaluation process for a Federal governmental receipts or outlays in accord- (5) A project for repair, rehabilitation, or credit instrument provided to a State infra- ance with the Federal Credit Reform Act of replacement of a treatment works, commu- structure financing authority for a project 1990 (2 U.S.C. 661 et seq.). nity water system, or aging water distribu- under section 10007(8) or an entity for a (15) SUBSTANTIAL COMPLETION.—The term tion or waste collection facility (including a project under section 10007(9), which may in- ‘‘substantial completion’’, with respect to a facility that serves a population or commu- clude requiring the provision of a prelimi- project, means the earliest date on which a nity of an Indian reservation). nary rating opinion letter from at least 1 project is considered to perform the func- (6) A brackish or sea water desalination rating agency. tions for which the project is designed. project, a managed aquifer recharge project, (2) ELIGIBLE PROJECT COSTS.— (16) TREATMENT WORKS.—The term ‘‘treat- or a water recycling project. (A) IN GENERAL.—Subject to subparagraph ment works’’ has the meaning given the (7) Acquisition of real property or an inter- (B), the eligible project costs of a project term in section 212 of the Federal Water Pol- est in real property— shall be reasonably anticipated to be not less lution Control Act (33 U.S.C. 1292). (A) if the acquisition is integral to a than $20,000,000. SEC. 10004. AUTHORITY TO PROVIDE ASSIST- project described in paragraphs (1) through (B) RURAL WATER INFRASTRUCTURE ANCE. (6); or PROJECTS.—For rural water infrastructure (a) IN GENERAL.—The Secretary and the (B) pursuant to an existing plan that, in projects, the eligible project costs of a Administrator may provide financial assist- the judgment of the Administrator or the project shall be reasonably anticipated to be ance under this title to carry out pilot Secretary, as applicable, would mitigate the not less than $5,000,000.

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(3) DEDICATED REVENUE SOURCES.—The Fed- SEC. 10010. SECURED LOANS. (B) SPECIAL RULE FOR STATE INFRASTRUC- eral credit instrument for the project shall (a) AGREEMENTS.— TURE FINANCING AUTHORITIES.—The final ma- be repayable, in whole or in part, from dedi- (1) IN GENERAL.—Subject to paragraphs (2) turity date of a secured loan to a State infra- cated revenue sources that also secure the through (4), the Secretary or the Adminis- structure financing authority under this sec- project obligations. trator, as applicable, may enter into agree- tion shall be not later than 35 years after the (4) PUBLIC SPONSORSHIP OF PRIVATE ENTI- ments with 1 or more obligors to make se- date on which amounts are first disbursed. TIES.—In the case of a project carried out by cured loans, the proceeds of which shall be (6) NONSUBORDINATION.—A secured loan an entity that is not a State or local govern- used— under this section shall not be subordinated ment or an agency or instrumentality of a (A) to finance eligible project costs of any to the claims of any holder of project obliga- State or local government or a tribal govern- project selected under section 10009; tions in the event of bankruptcy, insolvency, ment or consortium of tribal governments, (B) to refinance interim construction fi- or liquidation of the obligor of the project. the project shall be publicly sponsored. nancing of eligible project costs of any (7) FEES.—The Secretary or the Adminis- (5) LIMITATION.—No project receiving Fed- project selected under section 10009; or trator, as applicable, may establish fees at a eral credit assistance under this title may be (C) to refinance long-term project obliga- level sufficient to cover all or a portion of financed or refinanced (directly or indi- tions or Federal credit instruments, if that the costs to the Federal Government of mak- rectly), in whole or in part, with proceeds of refinancing provides additional funding ca- ing a secured loan under this section. any obligation— pacity for the completion, enhancement, or (8) NON-FEDERAL SHARE.—The proceeds of a (A) the interest on which is exempt from expansion of any project that— secured loan under this section may be used the tax imposed under chapter 1 of the Inter- (i) is selected under section 10009; or to pay any non-Federal share of project costs nal Revenue Code of 1986; or (ii) otherwise meets the requirements of required if the loan is repayable from non- (B) with respect to which credit is allow- section 10009. Federal funds. able under subpart I or J of part IV of sub- (2) LIMITATION ON REFINANCING OF INTERIM (9) MAXIMUM FEDERAL INVOLVEMENT.— chapter A of chapter 1 of such Code. CONSTRUCTION FINANCING.—A secured loan (b) SELECTION CRITERIA.— (A) IN GENERAL.—Except as provided in under paragraph (1) shall not be used to refi- (1) ESTABLISHMENT.—The Secretary or the subparagraph (B), for each project for which nance interim construction financing under Administrator, as applicable, shall establish assistance is provided under this title, the paragraph (1)(B) later than 1 year after the criteria for the selection of projects that total amount of Federal assistance shall not date of substantial completion of the appli- meet the eligibility requirements of sub- exceed 80 percent of the total project cost. section (a), in accordance with paragraph (2). cable project. (B) EXCEPTION.—Subparagraph (A) shall (3) FINANCIAL RISK ASSESSMENT.—Before en- (2) CRITERIA.—The selection criteria shall not apply to any rural water project— include the following: tering into an agreement under this sub- (i) that is authorized to be carried out by (A) The extent to which the project is na- section for a secured loan, the Secretary or the Secretary of the Interior; tionally or regionally significant, with re- the Administrator, as applicable, in con- (ii) that includes among its beneficiaries a spect to the generation of economic and pub- sultation with the Director of the Office of federally recognized Indian tribe; and lic benefits, such as— Management and Budget and each rating (iii) for which the authorized Federal share (i) the reduction of flood risk; agency providing a preliminary rating opin- of the total project costs is greater than the (ii) the improvement of water quality and ion letter under section 10009(a)(1)(B), shall amount described in subparagraph (A). quantity, including aquifer recharge; determine an appropriate capital reserve (c) REPAYMENT.— (iii) the protection of drinking water; and subsidy amount for the secured loan, taking into account each such preliminary rating (1) SCHEDULE.—The Secretary or the Ad- (iv) the support of international com- ministrator, as applicable, shall establish a merce. opinion letter. repayment schedule for each secured loan (B) The extent to which the project financ- (4) INVESTMENT-GRADE RATING REQUIRE- provided under this section, based on the ing plan includes public or private financing MENT.—The execution of a secured loan projected cash flow from project revenues in addition to assistance under this title. under this section shall be contingent on re- and other repayment sources. (C) The likelihood that assistance under ceipt by the senior obligations of the project (2) COMMENCEMENT.— this title would enable the project to proceed of an investment-grade rating. (A) IN GENERAL.—Scheduled loan repay- at an earlier date than the project would (b) TERMS AND LIMITATIONS.— ments of principal or interest on a secured otherwise be able to proceed. (1) IN GENERAL.—A secured loan provided loan under this section shall commence not (D) The extent to which the project uses for a project under this section shall be sub- later than 5 years after the date of substan- new or innovative approaches. ject to such terms and conditions, and con- tial completion of the project. (E) The amount of budget authority retain such covenants, representations, war- quired to fund the Federal credit instrument ranties, and requirements (including require- (B) SPECIAL RULE FOR STATE INFRASTRUC- made available under this title. ments for audits), as the Secretary or the TURE FINANCING AUTHORITIES.—Scheduled (F) The extent to which the project— Administrator, as applicable, determines to loan repayments of principal or interest on a (i) protects against extreme weather be appropriate. secured loan to a State infrastructure fi- events, such as floods or hurricanes; or (2) MAXIMUM AMOUNT.—The amount of a se- nancing authority under this title shall com- (ii) helps maintain or protect the environ- cured loan under this section shall not ex- mence not later than 5 years after the date ment. ceed the lesser of— on which amounts are first disbursed. (G) The extent to which a project serves re- (A) an amount equal to 49 percent of the (3) DEFERRED PAYMENTS.— gions with significant energy exploration, reasonably anticipated eligible project costs; (A) AUTHORIZATION.—If, at any time after development, or production areas. and the date of substantial completion of a (H) The extent to which a project serves re- (B) if the secured loan does not receive an project for which a secured loan is provided gions with significant water resource chal- investment-grade rating, the amount of the under this section, the project is unable to lenges, including the need to address— senior project obligations of the project. generate sufficient revenues to pay the (i) water quality concerns in areas of re- (3) PAYMENT.—A secured loan under this scheduled loan repayments of principal and gional, national, or international signifi- section— interest on the secured loan, the Secretary cance; (A) shall be payable, in whole or in part, or the Administrator, as applicable, subject (ii) water quantity concerns related to from State or local taxes, user fees, or other to subparagraph (C), may allow the obligor groundwater, surface water, or other water dedicated revenue sources that also secure to add unpaid principal and interest to the sources; the senior project obligations of the relevant outstanding balance of the secured loan. (iii) significant flood risk; project; (B) INTEREST.—Any payment deferred (iv) water resource challenges identified in (B) shall include a rate covenant, coverage under subparagraph (A) shall— existing regional, State, or multistate agree- requirement, or similar security feature sup- (i) continue to accrue interest in accord- ments; or porting the project obligations; and ance with subsection (b)(4) until fully repaid; (v) water resources with exceptional rec- (C) may have a lien on revenues described and reational value or ecological importance. in subparagraph (A), subject to any lien se- (ii) be scheduled to be amortized over the (I) The extent to which assistance under curing project obligations. remaining term of the secured loan. this title reduces the contribution of Federal (4) INTEREST RATE.—The interest rate on a (C) CRITERIA.— assistance to the project. secured loan under this section shall be not (i) IN GENERAL.—Any payment deferral (3) SPECIAL RULE FOR CERTAIN COMBINED less than the yield on United States Treas- under subparagraph (A) shall be contingent PROJECTS.—For a project described in section ury securities of a similar maturity to the on the project meeting such criteria as the 10007(8), the Administrator shall only con- maturity of the secured loan on the date of Secretary or the Administrator, as applica- sider the criteria described in subparagraphs execution of the loan agreement. ble, may establish. (B) through (I) of paragraph (2). (5) MATURITY DATE.— (ii) REPAYMENT STANDARDS.—The criteria (c) FEDERAL REQUIREMENTS.—Nothing in (A) IN GENERAL.—The final maturity date established under clause (i) shall include this section supersedes the applicability of of a secured loan under this section shall be standards for reasonable assurance of repay- other requirements of Federal law (including not later than 35 years after the date of sub- ment. regulations). stantial completion of the relevant project. (4) PREPAYMENT.—

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(A) USE OF EXCESS REVENUES.—Any excess Federal credit instruments provided under (3) inclusion of iron, steel, and manufac- revenues that remain after satisfying sched- this title. tured goods produced in the United States uled debt service requirements on the (e) APPLICABILITY OF OTHER LAWS.—Sec- will increase the cost of the overall project project obligations and secured loan and all tion 513 of the Federal Water Pollution Con- by more than 25 percent. deposit requirements under the terms of any trol Act (33 U.S.C. 1372) applies to the con- (c) PUBLIC NOTICE.—If the Secretary deter- trust agreement, bond resolution, or similar struction of a project carried out, in whole mines that it is necessary to waive the appli- agreement securing project obligations may or in part, with assistance made available cation of subsection (a) based on a finding be applied annually to prepay a secured loan through a Federal credit instrument under under subsection (b), the Secretary shall under this section without penalty. this title in the same manner that section publish in the Federal Register a detailed (B) USE OF PROCEEDS OF REFINANCING.—A applies to a treatment works for which a written justification as to why the provision secured loan under this section may be pre- grant is made available under that Act. is being waived. paid at any time without penalty from the SEC. 10012. STATE, TRIBAL, AND LOCAL PERMITS. (d) INTERNATIONAL AGREEMENTS.—This sec- proceeds of refinancing from non-Federal The provision of financial assistance for tion shall be applied in a manner consistent funding sources. project under this title shall not— with United States obligations under inter- (d) SALE OF SECURED LOANS.— (1) relieve any recipient of the assistance national agreements. (1) IN GENERAL.—Subject to paragraph (2), of any obligation to obtain any required TITLE XI—EXTREME WEATHER as soon as practicable after the date of sub- State, local, or tribal permit or approval SEC. 11001. DEFINITION OF RESILIENT CON- stantial completion of a project and after with respect to the project; STRUCTION TECHNIQUE. providing a notice to the obligor, the Sec- (2) limit the right of any unit of State, In this title, the term ‘‘resilient construc- retary or the Administrator, as applicable, local, or tribal government to approve or tion technique’’ means a construction meth- may sell to another entity or reoffer into the regulate any rate of return on private equity od that— capital markets a secured loan for a project invested in the project; or (1) allows a property— under this section, if the Secretary or the (3) otherwise supersede any State, local, or (A) to resist hazards brought on by a major Administrator, as applicable, determines tribal law (including any regulation) applica- disaster; and that the sale or reoffering can be made on fa- ble to the construction or operation of the (B) to continue to provide the primary vorable terms. project. functions of the property after a major dis- (2) CONSENT OF OBLIGOR.—In making a sale SEC. 10013. REGULATIONS. aster; or reoffering under paragraph (1), the Sec- The Secretary or the Administrator, as ap- (2) reduces the magnitude or duration of a retary or the Administrator, as applicable, plicable, may promulgate such regulations disruptive event to a property; and may not change the original terms and con- as the Secretary or Administrator deter- (3) has the absorptive capacity, adaptive ditions of the secured loan without the writ- mines to be appropriate to carry out this capacity, and recoverability to withstand a ten consent of the obligor. title. potentially disruptive event. (e) LOAN GUARANTEES.— SEC. 10014. FUNDING. SEC. 11002. STUDY ON RISK REDUCTION. (1) IN GENERAL.—The Secretary or the Ad- (a) IN GENERAL.—There is authorized to be (a) IN GENERAL.—Not later than 18 months ministrator, as applicable, may provide a appropriated to each of the Secretary and after the date of enactment of this Act, the loan guarantee to a lender in lieu of making the Administrator to carry out this title Secretary, in coordination with the Sec- a secured loan under this section, if the Sec- $50,000,000 for each of fiscal years 2014 retary of the Interior and the Secretary of retary or the Administrator, as applicable, through 2018, to remain available until ex- Commerce, shall enter into an arrangement determines that the budgetary cost of the pended. with the National Academy of Sciences to loan guarantee is substantially the same as (b) ADMINISTRATIVE COSTS.—Of the funds carry out a study and make recommenda- that of a secured loan. made available to carry out this title, the tions relating to infrastructure and coastal (2) TERMS.—The terms of a loan guarantee Secretary or the Administrator, as applica- restoration options for reducing risk to provided under this subsection shall be con- ble, may use for the administration of this human life and property from extreme sistent with the terms established in this title, including for the provision of technical weather events, such as hurricanes, coastal section for a secured loan, except that the assistance to aid project sponsors in obtain- storms, and inland flooding. rate on the guaranteed loan and any prepay- ing the necessary approvals for the project, (b) CONSIDERATIONS.—The study under sub- ment features shall be negotiated between not more than $2,200,000 for each of fiscal section (a) shall include— the obligor and the lender, with the consent years 2014 through 2018. (1) an analysis of strategies and water re- of the Secretary or the Administrator, as ap- SEC. 10015. REPORT TO CONGRESS. sources projects, including authorized water plicable. Not later than 2 years after the date of en- resources projects that have not yet been SEC. 10011. PROGRAM ADMINISTRATION. actment of this Act, and every 2 years there- constructed, and other projects implemented (a) REQUIREMENT.—The Secretary or the after, the Secretary or the Administrator, as in the United States and worldwide to re- Administrator, as applicable, shall establish applicable, shall submit to the Committee on spond to risk associated with extreme weath- a uniform system to service the Federal Environment and Public Works of the Senate er events; credit instruments made available under this and the Committee on Transportation and (2) an analysis of— title. Infrastructure of the House of Representa- (A) historical extreme weather events; (b) FEES.— tives a report summarizing for the projects (B) the ability of existing infrastructure to (1) IN GENERAL.—The Secretary or the Ad- that are receiving, or have received, assist- mitigate risks associated with extreme ministrator, as applicable, may collect and ance under this title— weather events; and spend fees, contingent on authority being (1) the financial performance of those (C) the reduction in long-term costs and provided in appropriations Acts, at a level projects, including a recommendation as to vulnerability to infrastructure through the that is sufficient to cover— whether the objectives of this title are being use of resilient construction techniques. (A) the costs of services of expert firms re- met; and (3) identification of proven, science-based tained pursuant to subsection (d); and (2) the public benefit provided by those approaches and mechanisms for ecosystem (B) all or a portion of the costs to the Fed- projects, including, as applicable, water protection and identification of natural re- eral Government of servicing the Federal quality and water quantity improvement, sources likely to have the greatest need for credit instruments provided under this title. the protection of drinking water, and the re- protection, restoration, and conservation so (c) SERVICER.— duction of flood risk. that the infrastructure and restoration (1) IN GENERAL.—The Secretary or the Ad- SEC. 10016. USE OF AMERICAN IRON, STEEL, AND projects can continue safeguarding the com- ministrator, as applicable, may appoint a fi- MANUFACTURED GOODS. munities in, and sustaining the economy of, nancial entity to assist the Secretary or the (a) IN GENERAL.—Except as provided in the United States; Administrator in servicing the Federal cred- subsection (b), none of the amounts made (4) an estimation of the funding necessary it instruments provided under this title. available under this Act may be used for the to improve infrastructure in the United (2) DUTIES.—A servicer appointed under construction, alteration, maintenance, or re- States to reduce risk associated with ex- paragraph (1) shall act as the agent for the pair of a project eligible for assistance under treme weather events; Secretary or the Administrator, as applica- this title unless all of the iron, steel, and (5) an analysis of the adequacy of current ble. manufactured goods used in the project are funding sources and the identification of po- (3) FEE.—A servicer appointed under para- produced in the United States. tential new funding sources to finance the graph (1) shall receive a servicing fee, sub- (b) EXCEPTION.—Subsection (a) shall not necessary infrastructure improvements reject to approval by the Secretary or the Ad- apply in any case or category of cases in ferred to in paragraph (3); and ministrator, as applicable. which the Secretary finds that— (6) an analysis of the Federal, State, and (d) ASSISTANCE FROM EXPERTS.—The Sec- (1) applying subsection (a) would be incon- local costs of natural disasters and the po- retary or the Administrator, as applicable, sistent with the public interest; tential cost-savings associated with imple- may retain the services, including counsel, (2) iron, steel, and the relevant manufac- menting mitigation measures. of organizations and entities with expertise tured goods are not produced in the United (c) COORDINATION.—The National Academy in the field of municipal and project finance States in sufficient and reasonably available of Sciences may cooperate with the National to assist in the underwriting and servicing of quantities and of a satisfactory quality; or Academy of Public Administration to carry

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DEFINITIONS. section (a). tion, or navigation project recommendations In this title: (d) PUBLICATION.—Not later than 30 days that will help to rehabilitate and improve (1) COASTAL SHORELINE COUNTY.—The term after completion of the study under sub- the resiliency of damaged infrastructure and ‘‘coastal shoreline county’’ has the meaning section (a), the National Academy of natural resources to reduce risks to human given the term by the Administrator of the Sciences shall— life and property from future natural disas- Federal Emergency Management Agency for (1) submit a copy of the study to the Com- ters. purposes of administering the National mittee on Environment and Public Works of (2) EXISTING PROJECTS.—A watershed as- Flood Insurance Act of 1968 (42 U.S.C. 4001 et the Senate and the Committee on Transpor- sessment carried out paragraph (1) may iden- seq.). tation and Infrastructure of the House of tify existing projects being carried out under (2) COASTAL STATE.—The term ‘‘coastal Representatives; and 1 or more of the authorities referred to in State’’ has the meaning given the term (2) make a copy of the study available on subsection (b) (1). ‘‘coastal state’’ in section 304 of the Coastal a publicly accessible Internet site. (3) DUPLICATE WATERSHED ASSESSMENTS.— Zone Management Act of 1972 (16 U.S.C. SEC. 11003. GAO STUDY ON MANAGEMENT OF In carrying out a watershed assessment 1453). FLOOD, DROUGHT, AND STORM DAM- under paragraph (1), the Secretary shall use (3) CORPUS.—The term ‘‘corpus’’, with re- AGE. all existing watershed assessments and respect to the Endowment fund, means an (a) IN GENERAL.—Not later than 1 year lated information developed by the Sec- amount equal to the Federal payments to after the date of enactment of this Act, the retary or other Federal, State, or local enti- such fund, amounts contributed to the fund Comptroller General shall submit to the ties. from non-Federal sources, and appreciation Committee on Environment and Public (b) PROJECTS.— from capital gains and reinvestment of in- Works of the Senate and the Committee on (1) IN GENERAL.—The Secretary may carry come. Transportation and Infrastructure of the out 1 or more small projects identified in a (4) ENDOWMENT.—The term ‘‘Endowment’’ House of Representatives a study of the watershed assessment under subsection (a) means the endowment established under sub- strategies used by the Corps of Engineers for that the Secretary would otherwise be au- section (a). the comprehensive management of water re- thorized to carry out under— (5) ENDOWMENT FUND.—The term ‘‘Endow- sources in response to floods, storms, and (A) section 205 of the Flood Control Act of ment fund’’ means a fund, or a tax-exempt droughts, including an historical review of 1948 (33 U.S.C. 701s); foundation, established and maintained pur- the ability of the Corps of Engineers to man- (B) section 111 of the River and Harbor Act suant to this title by the Foundation for the age and respond to historical drought, storm, of 1968 (33 U.S.C. 426i); purposes described in section 12004(a). and flood events. (C) section 206 of the Water Resources De- (6) FOUNDATION.—The term ‘‘Foundation’’ (b) CONSIDERATIONS.—The study under sub- velopment Act of 1996 (33 U.S.C. 2330); section (a) shall address— means the National Fish and Wildlife Foun- (D) section 1135 of the Water Resources De- (1) the extent to which existing water man- dation established by section 2(a) of the Na- velopment Act of 1986 (33 U.S.C. 2309a); agement activities of the Corps of Engineers tional Fish and Wildlife Foundation Estab- (E) section 107 of the River and Harbor Act can better meet the goal of addressing future lishment Act (16 U.S.C. 3701(a)). of 1960 (33 U.S.C. 577); or flooding, drought, and storm damage risks, (7) INCOME.—The term ‘‘income’’, with re- (F) section 3 of the Act of August 13, 1946 which shall include analysis of all historical spect to the Endowment fund, means an (33 U.S.C. 426g). extreme weather events that have been re- amount equal to the dividends and interest (2) EXISTING PROJECTS.—In carrying out a corded during the previous 5 centuries as accruing from investments of the corpus of project under paragraph (1), the Secretary well as in the geological record; such fund. shall— (2) whether existing water resources (8) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (A) to the maximum extent practicable, projects built or maintained by the Corps of has the meaning given that term in section use all existing information and studies Engineers, including dams, levees, 4 of the Indian Self-Determination and Edu- available for the project; and floodwalls, flood gates, and other appur- cation Assistance Act (25 U.S.C. 450b). (B) not require any element of a study tenant infrastructure were designed to ade- (9) SECRETARY.—The term ‘‘Secretary’’ completed for the project prior to the dis- quately address flood, storm, and drought means the Secretary of Commerce. aster to be repeated. impacts and the extent to which the water (10) TIDAL SHORELINE.—The term ‘‘tidal (c) REQUIREMENTS.—All requirements ap- resources projects have been successful at shoreline’’ has the meaning given that term plicable to a project under the Acts described pursuant to section 923.110(c)(2)(i) of title 15, addressing those impacts; in subsection (b) shall apply to the project. (3) any recommendations for approaches Code of Federal Regulations, or a similar (d) LIMITATIONS ON ASSESSMENTS.— successor regulation. for repairing, rebuilding, or restoring infra- (1) IN GENERAL.—A watershed assessment structure, land, and natural resources that SEC. 12004. NATIONAL ENDOWMENT FOR THE under subsection (a) shall be initiated not OCEANS. consider the risks and vulnerabilities associ- later than 2 years after the date on which (a) ESTABLISHMENT.—The Secretary and ated with past and future extreme weather the major disaster declaration is issued. the Foundation are authorized to establish events; (2) FEDERAL SHARE.—The Federal share of the National Endowment for the Oceans as a (4) whether a reevaluation of existing man- the cost of carrying out a watershed assess- permanent Endowment fund, in accordance agement approaches of the Corps of Engi- ment under subsection (a) shall not exceed with this section, to further the purposes of neers could result in greater efficiencies in $1,000,000. this title and to support the programs estab- water management and project delivery that (e) AUTHORIZATION OF APPROPRIATIONS.— lished under this title. would enable the Corps of Engineers to bet- There is authorized to be appropriated to (b) AGREEMENTS.—The Secretary and the ter prepare for, contain, and respond to carry out this section $25,000,000 for each of Foundation may enter into such agreements flood, storm, and drought conditions; fiscal years 2014 through 2018. as may be necessary to carry out the pur- (5) any recommendations for improving the SEC. 11005. AUTHORITY TO ACCEPT AND EXPEND poses of this title. planning processes of the Corps of Engineers NON-FEDERAL AMOUNTS. (c) DEPOSITS.—There shall be deposited in to provide opportunities for comprehensive The Secretary is authorized to accept and the Fund, which shall constitute the assets management of water resources that in- expend amounts provided by non-Federal in- of the Fund, amounts as follows: creases efficiency and improves response to terests for the purpose of repairing, restor- (1) Amounts appropriated or otherwise flood, storm, and drought conditions; ing, or replacing water resources projects made available to carry out this title. (6) any recommendations on the use of re- that have been damaged or destroyed as a re- (2) Amounts earned through investment silient construction techniques to reduce fu- sult of a major disaster or other emergency under subsection (d). ture vulnerability from flood, storm, and if the Secretary determines that the accept- (d) INVESTMENTS.—The Foundation shall drought conditions; and ance and expenditure of those amounts is in invest the Endowment fund corpus and in- (7) any recommendations for improving ap- the public interest. come for the benefit of the Endowment. proaches to rebuilding or restoring infra- TITLE XII—NATIONAL ENDOWMENT FOR (e) REQUIREMENTS.—Any amounts received structure and natural resources that con- THE OCEANS by the Foundation pursuant to this title tribute to risk reduction, such as coastal SEC. 12001. SHORT TITLE. shall be subject to the provisions of the Na- wetlands, to prepare for flood and drought. This title may be cited as the ‘‘National tional Fish and Wildlife Establishment Act SEC. 11004. POST-DISASTER WATERSHED ASSESS- Endowment for the Oceans Act’’. (16 U.S.C. 3701 et seq.), except the provisions MENTS. SEC. 12002. PURPOSES. of section 10(a) of that Act (16 U.S.C. 3709(a)). (a) WATERSHED ASSESSMENTS.— The purposes of this title are to protect, (f) WITHDRAWALS AND EXPENDITURES.— (1) IN GENERAL.—In an area that the Presi- conserve, restore, and understand the (1) ALLOCATION OF FUNDS.—Each fiscal dent has declared a major disaster in accord- oceans, coasts, and Great Lakes of the year, the Foundation shall, in consultation ance with section 401 of the Robert T. Staf- United States, ensuring present and future with the Secretary, allocate an amount ford Disaster Relief and Emergency Assist- generations will benefit from the full range equal to not less than 3 percent and not more ance Act (42 U.S.C. 5170), the Secretary may of ecological, economic, educational, social, than 7 percent of the corpus of the Endow- carry out a watershed assessment to iden- cultural, nutritional, and recreational oppor- ment fund and the income generated from tify, to the maximum extent practicable, tunities and services these resources are ca- the Endowment fund from the current fiscal specific flood risk reduction, hurricane and pable of providing. year.

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(2) EXPENDITURE.—Except as provided in (7) Research, assessment, monitoring, ob- (i) determine whether to approve or dis- paragraph (3), of the amounts allocated servation, modeling, and sharing of scientific approve of such procedures, measures, meth- under paragraph (1) for each fiscal year— information that contribute to the under- ods, and standards; and (A) at least 59 percent shall be used by the standing of ocean, coastal, and Great Lakes (ii) notify the Foundation of such deter- Foundation to award grants to coastal ecosystems and support the purposes of this mination. States under section 12006(b); title. (C) JUSTIFICATION OF DISAPPROVAL.—If the (B) at least 39 percent shall be allocated by (8) Efforts to understand better the proc- Secretary disapproves of the procedures, the Foundation to award grants under sec- esses that govern the fate and transport of measures, methods, and standards under sub- tion 12006(c); and petroleum hydrocarbons released into the paragraph (B), the Secretary shall include in (C) no more than 2 percent may be used by marine environment from natural and an- notice submitted under clause (ii) of such the Secretary and the Foundation for admin- thropogenic sources, including spills. subparagraph the rationale for such dis- istrative expenses to carry out this title, (9) Efforts to improve spill response and approval. which amount shall be divided between the preparedness technologies. (D) RESUBMITTAL.—Not later than 30 days Secretary and the Foundation pursuant to (10) Acquiring property or interests in after the Foundation receives notification an agreement reached and documented by property in coastal and estuarine areas, if under subparagraph (B)(ii) that the Sec- both the Secretary and the Foundation. such property or interest is acquired in a retary has disapproved the procedures, meas- (3) PROGRAM ADJUSTMENTS.— manner that will ensure such property or in- ures, methods, and standards, the Founda- (A) IN GENERAL.—In any fiscal year in terest will be administered to support the tion shall revise such procedures, measures, which the amount described in subparagraph purposes of this title. methods, and standards and submit such re- (B) is less than $100,000,000, the Foundation, (11) Protection and relocation of critical vised procedures, measures, methods, and in consultation with the Secretary, may coastal public infrastructure affected by ero- standards to the Secretary. elect not to use any of the amounts allocated sion or sea level change. (E) REVIEW OF RESUBMITTAL.—Not later under paragraph (1) for that fiscal year to (b) MATCHING REQUIREMENT.—An amount than 30 days after receiving revised proce- award grants under section 12006(b). from the Endowment may not be allocated dures, measures, methods, and standards re- (B) DETERMINATION AMOUNT.—The amount to fund a project or activity described in submitted under subparagraph (D), the Sec- described in this subparagraph for a fiscal paragraph (10) or (11) of subsection (a) unless retary shall— year is the amount that is equal to the sum non-Federal contributions in an amount (i) determine whether to approve or dis- of— equal to 30 percent or more of the cost of approve the revised procedures, measures, (i) the amount that is 5 percent of the cor- such project or activity is made available to methods, and standards; and pus of the Endowment fund; and carry out such project or activity. (ii) notify the Foundation of such deter- (ii) the aggregate amount of income the (c) CONSIDERATIONS FOR GREAT LAKES mination. Foundation expects to be generated from the STATES.—Programs and activities funded in (b) GRANTS TO COASTAL STATES.— Endowment fund in that fiscal year. Great Lakes States shall also seek to attain (1) IN GENERAL.—Subject to paragraphs (3) (g) RECOVERY OF PAYMENTS.—After notice the goals embodied in the Great Lakes Res- and (4), the Foundation shall award grants of and an opportunity for a hearing, the Sec- toration Initiative Plan, the Great Lakes Re- amounts allocated under section retary is authorized to recover any Federal gional Collaboration Strategy, the Great 12004(e)(2)(A) to eligible coastal States, based payments under this section if the Founda- Lakes Water Quality Agreement, or other on the following formula: tion— collaborative planning efforts of the Great (A) Fifty percent of the funds are allocated (1) makes a withdrawal or expenditure of Lakes Region. equally among eligible coastal States. the corpus of the Endowment fund or the in- (d) PROHIBITION ON USE OF FUNDS FOR LITI- (B) Twenty-five percent of the funds are al- come of the Endowment fund that is not con- GATION.—No funds made available under this located on the basis of the ratio of tidal sistent with the requirements of section title may be used to fund litigation over any shoreline miles in a coastal State to the 12005; or matter. tidal shoreline miles of all coastal States. (2) fails to comply with a procedure, meas- SEC. 12006. GRANTS. (C) Twenty-five percent of the funds are al- ure, method, or standard established under (a) ADMINISTRATION OF GRANTS.— located on the basis of the ratio of popu- section 12006(a)(1). (1) IN GENERAL.—Not later than 90 days lation density of the coastal shoreline coun- SEC. 12005. ELIGIBLE USES. after the date of the enactment of this Act, ties of a coastal State to the population den- (a) IN GENERAL.—Amounts in the Endow- the Foundation shall establish the following: sity of all coastal shoreline counties. ment may be allocated by the Foundation to (A) Application and review procedures for (2) ELIGIBLE COASTAL STATES.—For pur- support programs and activities intended to the awarding of grants under this section, in- poses of paragraph (1), an eligible coastal restore, protect, maintain, or understand liv- cluding requirements ensuring that any State includes— ing marine resources and their habitats and amounts awarded under such subsections (A) a coastal State that has a coastal man- ocean, coastal, and Great Lakes resources, may only be used for an eligible use de- agement program approved under the Coast- including baseline scientific research, ocean scribed under section 12005. al Zone Management Act of 1972 (16 U.S.C. observing, and other programs and activities (B) Approval procedures for the awarding 1451 et seq.); and carried out in coordination with Federal and of grants under this section that require con- (B) during the period beginning on the date State departments or agencies, that are consultation with the Secretary of Commerce of the enactment of this Act and ending on sistent with Federal environmental laws and and the Secretary of the Interior. December 31, 2018, a coastal State that had, that avoid environmental degradation, in- (C) Eligibility criteria for awarding during the period beginning January 1, 2008, cluding the following: grants— and ending on the date of the enactment of (1) Ocean, coastal, and Great Lakes res- (i) under subsection (b) to coastal States; this Act, a coastal management program ap- toration and protection, including the pro- and proved as described in subparagraph (A). tection of the environmental integrity of (ii) under subsection (c) to entities includ- (3) MAXIMUM ALLOCATION TO STATES.—Not- such areas, and their related watersheds, in- ing States, Indian tribes, regional bodies, as- withstanding paragraph (1), not more than 10 cluding efforts to mitigate potential impacts sociations, non-governmental organizations, percent of the total funds distributed under of sea level change, changes in ocean chem- and academic institutions. this subsection may be allocated to any sin- istry, and changes in ocean temperature. (D) Performance accountability and moni- gle State. Any amount exceeding this limit (2) Restoration, protection, or mainte- toring measures for programs and activities shall be redistributed among the remaining nance of living ocean, coastal, and Great funded by a grant awarded under subsection States according to the formula established Lakes resources and their habitats, includ- (b) or (c). under paragraph (1). ing marine protected areas and riparian mi- (E) Procedures and methods to ensure ac- (4) MAXIMUM ALLOCATION TO CERTAIN GEO- gratory habitat of coastal and marine spe- curate accounting and appropriate adminis- GRAPHIC AREAS.— cies. tration grants awarded under this section, (A) IN GENERAL.—Notwithstanding para- (3) Planning for and managing coastal de- including standards of record keeping. graph (1), each geographic area described in velopment to enhance ecosystem integrity or (F) Procedures to carry out audits of the subparagraph (B) may not receive more than minimize impacts from sea level change and Endowment as necessary, but not less fre- 1 percent of the total funds distributed under coastal erosion. quently than once every 5 years. this subsection. Any amount exceeding this (4) Analyses of current and anticipated im- (G) Procedures to carry out audits of the limit shall be redistributed among the re- pacts of ocean acidification and assessment recipients of grants under this section. maining States according to the formula es- of potential actions to minimize harm to (2) APPROVAL PROCEDURES.— tablished under paragraph (1). ocean, coastal, and Great Lakes ecosystems. (A) SUBMITTAL.—The Foundation shall sub- (B) GEOGRAPHIC AREAS DESCRIBED.—The ge- (5) Analyses of, and planning for, current mit to the Secretary each procedure, meas- ographic areas described in this subpara- and anticipated uses of ocean, coastal, and ure, method, and standard established under graph are the following: Great Lakes areas. paragraph (1). (i) American Samoa. (6) Regional, subregional, or site-specific (B) DETERMINATION AND NOTICE.—Not later (ii) The Commonwealth of the Northern management efforts designed to manage, than 90 days after receiving the procedures, Mariana Islands. protect, or restore ocean, coastal, and Great measures, methods, and standards under sub- (iii) Guam. Lakes resources and ecosystems. paragraph (A), the Secretary shall— (iv) Puerto Rico.

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(v) The Virgin Islands. (c) NATIONAL GRANTS FOR OCEANS, COASTS, (i) allow the United States to operate and (5) REQUIREMENT TO SUBMIT PLANS.— AND GREAT LAKES.— maintain the McClellan-Kerr Arkansas River (A) IN GENERAL.—To be eligible to receive a (1) IN GENERAL.—The Foundation may use Navigation System; and grant under this subsection, a coastal State amounts allocated under section (ii) protect the interests of the United shall submit to the Secretary, and the Sec- 12004(e)(2)(B) to award grants according to States. retary shall review, a 5-year plan, which the procedures established in subsection (a) (2) LEGAL DESCRIPTIONS.—The exact acre- shall include the following: to support activities consistent with section age and legal descriptions of the Federal (i) A prioritized list of goals the coastal 12005. land and the non-Federal land shall be deter- State intends to achieve during the time pe- (2) ADVISORY PANEL.— mined by surveys acceptable to the Sec- riod covered by the 5-year plan. (A) IN GENERAL.—The Foundation shall es- retary. (ii) Identification and general descriptions tablish an advisory panel to conduct reviews (3) PAYMENT OF COSTS.—The Tulsa Port of of existing State projects or activities that of applications for grants under paragraph Catoosa shall be responsible for all costs as- contribute to realization of such goals, in- (1) and the Foundation shall consider the sociated with the land exchange authorized cluding a description of the entities con- recommendations of the Advisory Panel with by this section, including any costs that the ducting those projects or activities. respect to such applications. Secretary determines necessary and reason- (iii) General descriptions of projects or ac- (B) MEMBERSHIP.—The advisory panel es- able in the interest of the United States, in- tivities, consistent with the eligible uses de- tablished under subparagraph (A) shall including surveys, appraisals, real estate scribed in section 12005, applicable provisions clude persons representing a balanced and di- transaction fees, administrative costs, and of law relating to the environment, and ex- verse range, as determined by the Founda- environmental documentation. isting Federal ocean policy, that could con- tion, of— (4) CASH PAYMENT.—If the appraised fair tribute to realization of such goals. (i) ocean, coastal, and Great Lakes depend- market value of the Federal land, as deter- (iv) Criteria to determine eligibility for en- ent industries; mined by the Secretary, exceeds the ap- tities which may receive grants under this (ii) geographic regions; praised fair market value of the non-Federal subsection. (iii) nonprofit conservation organizations land, as determined by the Secretary, the (v) A description of the competitive proc- with a mission that includes the conserva- Tulsa Port of Catoosa shall make a cash pay- ess the coastal State will use in allocating tion and protection of living marine re- ment to the United States reflecting the dif- funds received from the Endowment, except sources and their habitats; and ference in the appraised fair market values. in the case of allocating funds under para- (iv) academic institutions with strong sci- (5) LIABILITY.—The Tulsa Port of Catoosa graph (7), which shall include— entific or technical credentials and experi- shall hold and save the United States free (I) a description of the relative roles in the ence in marine science or policy. from damages arising from activities carried State competitive process of the State coast- SEC. 12007. ANNUAL REPORT. out under this section, except for damages al zone management program approved due to the fault or negligence of the United (a) REQUIREMENT FOR ANNUAL REPORT.—Be- under the Coastal Zone Management Act of States or a contractor of the United States. 1972 (16 U.S.C. 1451 et seq.) and any State Sea ginning with fiscal year 2014, not later than Grant Program; and 60 days after the end of each fiscal year, the TITLE XIII—MISCELLANEOUS (II) a demonstration that such competitive Foundation shall submit to the Committee SEC. 13001. APPLICABILITY OF SPILL PREVEN- process is consistent with the application on Commerce, Science, and Transportation TION, CONTROL, AND COUNTER- and review procedures established by the of the Senate and the Committee on Natural MEASURE RULE. Foundation under subsection (a)(1). Resources of the House of Representatives a (a) DEFINITIONS.—In this title: (B) UPDATES.—As a condition of receiving a report on the operation of the Endowment (1) ADMINISTRATOR.—The term ‘‘Adminis- grant under this subsection, a coastal State during the fiscal year. trator’’ means the Administrator of the En- vironmental Protection Agency. shall submit to the Secretary, not less fre- (b) CONTENT.—Each annual report sub- quently than once every 5 years, an update mitted under subsection (a) for a fiscal year (2) FARM.—The term ‘‘farm’’ has the mean- to the plan submitted by the coastal State shall include— ing given the term in section 112.2 of title 40, under subparagraph (A) for the 5-year period (1) a statement of the amounts deposited in Code of Federal Regulations (or successor immediately following the most recent sub- the Endowment and the balance remaining regulations). mittal under this paragraph. in the Endowment at the end of the fiscal (3) GALLON.—The term ‘‘gallon’’ means a (6) OPPORTUNITY FOR PUBLIC COMMENT.—In year; and United States liquid gallon. determining whether to approve a plan or an (2) a description of the expenditures made (4) OIL.—The term ‘‘oil’’ has the meaning update to a plan described in subparagraph from the Endowment for the fiscal year, in- given the term in section 112.2 of title 40, (A) or (B) of paragraph (5), the Secretary cluding the purpose of the expenditures. Code of Federal Regulations (or successor shall provide the opportunity for, and take regulations). into consideration, public input and com- SEC. 12008. TULSA PORT OF CATOOSA, ROGERS (5) OIL DISCHARGE.—The term ‘‘oil dis- ment on the plan. COUNTY, OKLAHOMA LAND EX- charge’’ has the meaning given the term CHANGE. (7) APPROVAL PROCEDURE.— ‘‘discharge’’ in section 112.2 of title 40, Code (A) IN GENERAL.—Not later than 30 days (a) DEFINITIONS.—In this section: of Federal Regulations (or successor regula- after the opportunity for public comment on (1) FEDERAL LAND.—The term ‘‘Federal tions). a plan or an update to a plan of a coastal land’’ means the approximately 87 acres of (6) REPORTABLE OIL DISCHARGE HISTORY.— State under paragraph (6), the Secretary land situated in Rogers County, Oklahoma, The term ‘‘reportable oil discharge history’’ shall notify such coastal State that the Sec- contained within United States Tracts 413 has the meaning used to describe the legal retary— and 427, and acquired for the McClellan-Kerr requirement to report a discharge of oil (i) approves the plan as submitted; or Arkansas Navigation System. under applicable law. (ii) disapproves the plan as submitted. (2) NON-FEDERAL LAND.—The term ‘‘non- (7) SPILL PREVENTION, CONTROL, AND COUN- (B) DISAPPROVAL.—If the Secretary dis- Federal land’’ means the approximately 34 TERMEASURE RULE.—The term ‘‘Spill Preven- approves a proposed plan or an update of a acres of land situated in Rogers County, tion, Control, and Countermeasure rule’’ plan submitted under subparagraph (A) or Oklahoma and owned by the Tulsa Port of means the regulation, including amend- (B) of paragraph (5), the Secretary shall pro- Catoosa that lie immediately south and east ments, promulgated by the Administrator vide notice of such disapproval to the sub- of the Federal land. under part 112 of title 40, Code of Federal mitting coastal State in writing, and include (b) LAND EXCHANGE.—Subject to subsection Regulations (or successor regulations). in such notice the rationale for the Sec- (c), on conveyance by the Tulsa Port of (b) CERTIFICATION.—In implementing the retary’s decision. Catoosa to the United States of all right, Spill Prevention, Control, and Counter- (C) RESUBMITTAL.—If the Secretary dis- title, and interest in and to the non-Federal measure rule with respect to any farm, the approves a plan of a coastal State under sub- land, the Secretary shall convey to the Tulsa Administrator shall— paragraph (A), the coastal State shall resub- Port of Catoosa, all right, title, and interest (1) require certification of compliance with mit the plan to the Secretary not later than of the United States in and to the Federal the rule by— 30 days after receiving the notice of dis- land. (A) a professional engineer for a farm approval under subparagraph (B). (c) CONDITIONS.— with— (D) REVIEW OF RESUBMITTAL.—Not later (1) DEEDS.— (i) an individual tank with an aboveground than 60 days after receiving a plan resub- (A) DEED TO NON-FEDERAL LAND.—The Sec- storage capacity greater than 10,000 gallons; mitted under subparagraph (C), the Sec- retary may only accept conveyance of the (ii) an aggregate aboveground storage ca- retary shall review the plan. non-Federal land by warranty deed, as deter- pacity greater than or equal to 20,000 gal- (8) INDIAN TRIBES.—As a condition on re- mined acceptable by the Secretary. lons; or ceipt of a grant under this subsection, a (B) DEED TO FEDERAL LAND.—The Secretary (iii) a reportable oil discharge history; or State that receives a grant under this sub- shall convey the Federal land to the Tulsa (B) the owner or operator of the farm (via section shall ensure that Indian tribes in the Port of Catoosa by quitclaim deed and sub- self-certification) for a farm with— State are eligible to participate in the com- ject to any reservations, terms, and condi- (i) an aggregate aboveground storage ca- petitive process described in the State’s plan tions that the Secretary determines nec- pacity not more than 20,000 gallons and not under paragraph (5)(A)(v). essary to— less than the lesser of—

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MY6.012 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3496 CONGRESSIONAL RECORD — SENATE May 15, 2013 (I) 6,000 gallons; or nominations in the order listed, with 2 quest that it not be in order for the (II) the adjustment described in subsection minutes for debate between the votes; Senate to consider a conference report (d)(2); and and that the second vote be 10 minutes that includes tax increases or rec- (ii) no reportable oil discharge history of in length; the motions to reconsider be onciliation instructions to increase oil; and (2) not require a certification of a state- considered made and laid upon the taxes or raise the debt limit. ment of compliance with the rule— table, with no intervening action or de- The PRESIDING OFFICER. Does the (A) subject to subsection (d), with an ag- bate; that no further motions be in Senator so modify his request? gregate aboveground storage capacity of not order to the nominations; that any Mr. WYDEN. I do not. The point I less than 2,500 gallons and not more than statements related to the nominations have tried to make is the Congres- 6,000 gallons; and be printed in the RECORD; that the sional Budget Office didn’t talk about (B) no reportable oil discharge history; and President be immediately notified of the Senate relitigating past discus- (3) not require a certification of a state- the Senate’s action and the Senate re- sions. ment of compliance with the rule for an ag- sume legislative session. Mr. MCCONNELL. Madam President, gregate aboveground storage capacity of not I have a parliamentary inquiry: Is that more than 2,500 gallons. The PRESIDING OFFICER. Is there objection? an objection? (c) CALCULATION OF AGGREGATE ABOVE- The PRESIDING OFFICER. Does the GROUND STORAGE CAPACITY.—For purposes of Without objection, it is so ordered. subsection (b), the aggregate aboveground Mr. REID. I yield to my friend from Senator object to the modification? Mr. WYDEN. I do. storage capacity of a farm excludes— Oregon. (1) all containers on separate parcels that The PRESIDING OFFICER. Objec- f have a capacity that is 1,000 gallons or less; tion is heard. and UNANIMOUS CONSENT REQUEST— Is there objection to the original re- (2) all containers holding animal feed in- H. CON. RES. 25 quest of the Senator from Oregon? gredients approved for use in livestock feed Mr. MCCONNELL. I object. by the Commissioner of Food and Drugs. Mr. WYDEN. Madam President, I ap- The PRESIDING OFFICER. Objec- (d) STUDY.— preciate Senator REID yielding me this tion is heard. (1) IN GENERAL.—Not later than 12 months time and Senator MCCONNELL being on The Senator from Oregon. of the date of enactment of this Act, the Ad- the floor for this, and I will be brief. Mr. WYDEN. If I could be recognized ministrator, in consultation with the Sec- As I discussed earlier this morning, for another brief moment this high- retary of Agriculture, shall conduct a study yesterday’s new report from the Con- lights how unfortunate it is that we to determine the appropriate exemption gressional Budget Office highlights don’t look to the future as the Congres- under subsection (b)(2)(A) and (b)(1)(B) to not why it would be so important to have a sional Budget Office projections laid more than 6,000 gallons and not less than conference committee between the 2,500 gallons, based on a significant risk of out for us yesterday. The Congres- discharge to water. House and the Senate go to work on sional Budget Office didn’t talk about (2) ADJUSTMENT.—Not later than 18 months the budget. What the Congressional relitigating past votes here in the Sen- after the date on which the study described Budget Office reported yesterday was a ate. They said specifically the deficit in paragraph (1) is complete, the Adminis- 24-percent reduction in the budget def- was significantly lower than earlier trator, in consultation with the Secretary of icit—quite a remarkable projection. projected, and, on the basis of what I Agriculture, shall promulgate a rule to ad- That, coupled with the improving jobs have cited, economic experts of both just the exemption levels described in sub- and housing numbers, we now have eco- political parties are saying it is time to section (b)(2)(A) and (b)(1)(B) in accordance nomic experts across the political spec- with the study. look to the long-term challenges, par- trum—for example, people such as ticularly Medicare and taxes. I came SEC. 13002. AMERICA THE BEAUTIFUL NATIONAL PARKS AND FEDERAL REC- Glenn Hubbard, a leading Republican today to say that a budget conference REATIONAL LANDS PASS PROGRAM. economist—saying it is important for would provide that kind of window: the The Secretary may participate in the the Congress to look at these long- opportunity to look particularly at America the Beautiful National Parks and term economic challenges. In fact, we long-term health care challenges such Federal Recreational Lands Pass program in have economic experts of both political as chronic care and Medicare. the same manner as the National Park Serv- parties saying Washington ought to be I see my colleague from the Senate ice, the Bureau of Land Management, the doing more about the long-term eco- Finance Committee, who knows we United States Fish and Wildlife Service, the Forest Service, and the Bureau of Reclama- nomic challenges and not just have the have been talking about tax reform, tion, including the provision of free annual day-to-day battling. Democrats and Republicans; again, a passes to active duty military personnel and Going to a budget conference will bipartisan opportunity we could dependents. give us that opportunity. It will give us achieve through a conference. I pro- The PRESIDING OFFICER. The ma- the opportunity to look at the 10-year posed that today, based on the new evi- jority leader. budget window and particularly issues dence from yesterday. Regrettably, we f such as health care and taxes. can’t go to conference because it seems So in the name of dealing with the the leader on the other side will only MORNING BUSINESS long-term economic challenges high- go to conference if we can relitigate Mr. REID. Madam President, I ask lighted by yesterday’s projections, I the stuff that happened in the Senate unanimous consent that the Senate ask unanimous consent that the Sen- which he lost. proceed to a period of morning business ate proceed to the consideration of Cal- I hope colleagues will look at that until 2 p.m. today, with Senators per- endar No. 33, H. Con. Res. 25; that the new Congressional Budget Office re- mitted to speak for up to 10 minutes amendment which is at the desk, the port. I hope they will look at the jobs each. text of S. Con. Res. 8, the budget reso- picture, the housing starts, all of which The PRESIDING OFFICER. Without lution passed by the Senate, be in- seem to be improving in the short objection, it is so ordered. serted in lieu thereof; that H. Con. Res. term. I hope they will pay more atten- f 25, as amended, be agreed to; the motion to what economic experts of both tion to reconsider be considered made political parties are saying, which is UNANIMOUS CONSENT AGREE- and laid upon the table; that the Sen- we ought to be looking to our long- MENT—EXECUTIVE NOMINATION ate insist on its amendment, request a term challenges—particularly in Mr. REID. I now ask unanimous con- conference with the House on the dis- health care and taxes—with the budget sent that at 2 p.m., the Senate proceed agreeing votes of the two Houses; and conference between the House and the to executive session to consider Cal- the Chair be authorized to appoint con- Senate providing an opportunity to endar Nos. 40 and 92 en bloc; that the ferees on the part of the Senate; all look at that 10-year window. We could time until 4:30 p.m. be equally divided with no intervening action or debate. do exactly what economic experts of in the usual form, with Senator BAUCUS The PRESIDING OFFICER. Is there both political parties are talking controlling the time from 4:15 to 4:30; objection? about. I think it is unfortunate we that upon the use or yielding back of Mr. MCCONNELL. Reserving the have not been given that opportunity time the Senate proceed to vote with- right to object, I ask unanimous con- today and I hope we will be given it in out intervening action or debate on the sent that the Senator modify his re- the days ahead.

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MY6.012 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3497 With that, I yield the floor. paying crushing flood premiums or families. Something is very wrong with The PRESIDING OFFICER. The Sen- leaving their home and their neighbor- a program that requires middle-class ator from New York. hood? Do we say to them: Sorry, we families to pay over $10,000 a year for a Mr. SCHUMER. Madam President, just couldn’t get around to thinking policy with coverage that is capped at first, I thank my colleague from Or- about difficult cases like yours just $250,000. egon for offering his proposal and am yet. You may ask why I am so passionate sorry it was rejected. We should be That is not going to stand. That is about this issue. Because I have visited going to conference on the budget, not fair. It is not acceptable. too many families, too many commu- there is no question about it. It is hard I note for my colleagues who might nities in New York City and in upstate for us to understand how, on the other think this is just a Hurricane Sandy- New York where the prospect of higher side, people have been railing for 4 related issue, it is not. New Yorkers premiums is causing residents to years: You do not have a budget. And are facing this situation because our rethink whether they can even afford now we have a budget and they do not flood maps are being revised—a process to remain in the homes in which they want to move forward. But that is not that was well underway before Sandy. have lived, many of them, for their what I rose to speak about today. So the increased premiums many New whole lives, whether they can afford to FLOOD INSURANCE Yorkers could well face will face all of live in the neighborhoods in which they Mr. SCHUMER. Madam President, your constituents. As FEMA starts re- grew up, where their families and first, I also want to say to the Senator vising flood maps—and they are in- friends live, where their children go to from California and the Senator from creasing the number of homes included school. Families are being forced to Louisiana, job well done. The WRDA and increasing the level at which make this choice in neighborhoods bill is a very good bill, and it will help homeowners have to pay—every one of from Staten Island to the Rockaways both the port of New York City—one of you is going to be facing the same to Massapequa and east and upstate in the great ports of the world—as well as problem we are facing in New York. places such as Schoharie County and in our Great Lakes ports, which are hav- Madam President, $9,500 for flood in- the southern tier counties such as ing their own troubles in terms of surance for someone who makes $40,000 Broome and Tioga and in north coun- dredging. or $50,000 and lives in a modest home? try counties such as Essex. It would be But there was an extreme disappoint- Forget it. We cannot have that, and I a shame if we allowed this to happen— ment in the bill—no fault of my col- will tell FEMA right now that will not all because FEMA did not get around league from California. I am extremely stand. Something will give because the to studying the impact of higher flood disappointed at the objection some of situation is untenable. rates and Congress did not have a my colleagues raised to even allowing The original bill provided for a study, a vote on the Landrieu amendment to chance to respond. and then Congress could act on that So I hope that by the time New the WRDA bill, and I, along with Sen- study and modify the bill. But now we York’s maps are completed and New ator LANDRIEU and others, will keep are moving forward without even the fighting until this commonsense Yorkers have completed the process of study being done. In fact, people in rebuilding in the wake of Sandy, fears amendment passes. I am speaking of some States are already seeing their amendment No. 888. I was proud to co- of $10,000 flood insurance premiums for premiums rise up to 25 percent a year, sponsor it. Very simply, it would delay middle-class homes will prove to have and many more States will be covered for 5 years any premium increases re- been incorrect. But right now those over the next 2 years. sulting from revised flood maps. The fears are very real, and they are put- If you think it is just coastal States, ting the future of some of New York’s purpose of the amendment was to pro- such as my State of New York and the vide FEMA enough time to complete most tightly knit middle-class neigh- State of Louisiana, it is not. In fact, the study it was required to complete borhoods at risk. according to FEMA, my friend Senator over a month ago on the affordability As I noted previously, New York’s TOOMEY’s home State is one of the of increased premiums. flood maps were in the process of being States that rely most heavily on flood Senator TOOMEY is right that we revised before Sandy hit. But in the passed a flood insurance reauthoriza- insurance. Pennsylvania ranks seventh wake of Sandy, it adds insult to injury tion bill just 10 months ago, but it was in the total amount of NFIP payouts, when families who are spending their always the intent—and many of us seventh in the number of claims filed entire savings to repair their homes worked hard on that—under Biggert- since the program began. are told that in a year or two they may Waters that FEMA would conduct an So we all have an interest to get this not be able to afford to live there. affordability study before higher pre- right, that we proceed with eyes wide In conclusion, I am disappointed that miums would go into effect. That way open in attempts to bring the Flood In- we did not get a vote on this issue, but Congress could review the findings and surance Program onto sounder finan- I will keep pushing and pushing until recommendations and address impor- cial footing; that we have the benefit of this awful situation is rectified. I know tant issues relating to affordability all the data and analysis we need. My Senator LANDRIEU will. I know Senator and neighborhood sustainability. prediction: If we do not change this, VITTER will. The issue is too important Senator LANDRIEU’s amendment was there will be no flood insurance or at to too many New Yorkers and too carefully crafted to give FEMA time to the very minimum we will let it be op- many Americans, and I will not stop complete its study, then allow Con- tional for everybody and let people de- until we get a vote and until we ulti- gress 6 months to respond. For tech- cide because to force people between mately succeed. nical reasons, she amended it to a paying an amount they cannot afford I am confident many more of my col- straight 5-year delay—I thought that and forcing people to leave their homes leagues will begin to hear from their was better—but the purpose was the is a choice this Congress will ulti- constituents about the challenges they same. The logic is irrefutable: Why mately not abide for. are facing as flood premiums are in- bother to do the study at all if we are It is important to remember that if creased, and they will see the wisdom going to allow FEMA to charge ahead people cannot afford flood insurance, of Senator LANDRIEU’s amendment and and start raising premiums all over the they are going to drop out of the pro- Congress will ultimately act to fix this country? gram. Their communities might not problem once and for all. I say this to my colleagues—the Sen- adopt new flood maps when proposed With that, I appreciate my colleagues ator from Louisiana knows it well, and because they know the cost is prohibi- giving me time, and I yield the floor. we know it well in New York—you are tive. When future disasters hit, these The PRESIDING OFFICER. The Sen- going to be finding out across the coun- families and communities will be en- ator from California. try that flood insurance premiums are tirely dependent on Federal aid to help f going to rise so high that they will be them rebuild, and that will cost the unaffordable to average middle-class taxpayers even more. WATER RESOURCES people. So it is important that we ensure the DEVELOPMENT ACT What do you say to the homeowner program is both financially sound and Mrs. BOXER. Madam President, I who is forced into the choice of either accessible to ordinary middle-class think the Senator from New York is

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.039 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3498 CONGRESSIONAL RECORD — SENATE May 15, 2013 pointing out an issue Senator VITTER certainly know how to get a bill larly on my side, that went into this and I agree with, which is that we through. You certainly know how to bill. The chair and I personally dealt should have had a vote on the Lan- manage a staff. And you certainly have with probably a couple dozen issues drieu-Vitter amendment, which would made wise decisions in terms of your and semicrises that would crop up over have definitely moved in the direction staff. We have Jason Albritton and Ted time. of ensuring that people’s insurance Illston and Tyler Rushforth and David But if we did that with a couple of rates for flood protection do not go Napoliello and Andrew Dohrmann. dozen, our staffs did that with hun- through the roof. These are only 1, 2, 3, 4, 5—6 names dreds and solved those problems to the It was very disappointing that the that I mentioned, and they handled satisfaction of a huge number of Mem- Senator from Pennsylvania Mr. this bill from, essentially, 100 different bers. That was reflected in the vote. I TOOMEY opposed having even a vote on Senators pounding on their doors, in- thank both staffs, but I am particu- this. But you know what, we will have cluding this Senator, saying: What and larly indebted to my staff for all of other days in the Sun, I say to my why and how? And you answered it. that hard work, particularly Zak Baig, friend, where we will deal with this I also want to close by thanking Charles Brittingham, Chris Tomassi, issue because it is too important to too some other wonderful staffers of Sen- Sarah Veatch, Rebecca Louviere, Jill many people across the Nation. ator REID: Gary Myrick, Tim Mitchell, Landry, Luke Bolar, and Cheyenne But I do not want that to dim what Bill Dauster, Alex McDonough, and, I Steel. They all put in enormous just happened in the Senate. I do not have to say, Tyler Kruzich of the Budg- hours—of course, Charles much more want the fact that there was one dis- et Committee, who helped us, and than anyone else, but they all put in appointment to take away from what Reema Dodin, who came in and really enormous hours. I thank them for their just happened in the Senate. What just helped us make sure we had the votes excellent work. happened is that 83 colleagues—83 when we needed the votes. I also want to emphasize what a posi- strong—voted for the Water Resources And I am going to make one thank- tive bill this is. I talked a few minutes Development Act that came out of the you. I know Senator VITTER is going to ago, right before the vote, about the Environment and Public Works Com- name his staff. I am not going to men- strengths of the bill from a national mittee with a very strong unanimous tion their names, but he speaks for me point of view: jobs, waterborne com- vote and that Senator VITTER and I, when he thanks them. But there is one merce, reform of the Corps of Engi- working together for the first time on person, and that is Neil Chatterjee, and neers. This bill is also very important a big bill such as this, were able to put I hope I do not ruin his career by for my home State of Louisiana. I just aside other differences and come to- thanking him. He works for Senator want to underscore that in closing. In three areas it is particularly im- gether in an area where we both agree; MCCONNELL. He helped us greatly just portant. First of all, we have a lot of that is, it is essential to have a strong to know the lay of the land. He said: important flood control, hurricane pro- infrastructure in the greatest Nation This is where we have problems. This is tection projects. This bill moves a in the world and in our States. It is es- where we can come together. number of those projects forward in a sential that people not be worried that And I will tell you something. Man- crucial way; projects such as the Lou- bridges will fall; that they will not aging these bills, you just need to isiana Coastal Area Ecosystem Project, have good roads; that they will not know how you stand, and you need to Morganza to the Gulf, which is vitally have their ports deepened so they can know where you are. So having the important to the protection of accept these big ships that go in and support of both Senator REID and Sen- Lafourche and Terrebonne Parishes out; that they will be vulnerable to ator MCCONNELL and their staffs has and surrounding areas, also the West flooding; and that they will not be able made our world a lot easier. Shore Hurricane Protection Project. So we say to the House: This is your to restore wetlands, which are so crit- That is right in the middle of where chance. Step to the plate. I know ical to preventing floods. Hurricane Isaac hit. We need to get This bill is so critical to the infra- Chairman SHUSTER over there really that done. It is now moving forward, structure and to the environment. wants a bill. We stand ready to work the Southwest Louisiana Coastal Hur- Anyone who has been to the Everglades with him. I think our bill provides a ricane Protection Study. knows how critical it is to make sure roadmap. Finally, although it is not as far the Everglades remain. It is a gift from With that, I want to again say to along, there is very important work God, and we have the responsibility. Senator VITTER, it has been terrific to with regard to Saint Tammany and Anyone who knows the Chesapeake work with him, and I look forward to other coastal parishes achieving flood Bay knows how important it is to en- continuing our collaboration anytime protection, including a barrier at the sure it is healthy. We do that in this and anyplace we can come together. lake or near Lake Pontchartrain for bill. And we do our best to ensure that With that, I yield the floor. Saint Tammany. That concept will the types of flooding we saw in Katrina The PRESIDING OFFICER. The Sen- move forward because of this bill. will be minimized. We made many, ator from Louisiana. The second big category in the bill is many reforms, and I feel good about Mr. VITTER. Madam President, I Corps of Engineers reform and account- them. stand to echo all of those thoughts. ability. Those of us who lived through I really have to say that without the Let me start with a lot of overdue Hurricane Katrina saw some of the best staff, none of this would be possible. thanks. First of all, let me thank a and, unfortunately, some of the worst Senator VITTER and I are so blessed to great partner in Chairman BOXER. As of what the Federal Government has to have the kinds of staffs we have. They she said many times, we do not agree offer. On the side that needs improve- are dedicated. The hours they work about a lot, including important issues ment, we need streamlining and reform have no bounds. The other night we within the jurisdiction of our com- at certain agencies, including the were talking at 11 o’clock. My staff was mittee, but we can come together con- Corps of Engineers. there. This type of a bill is not easy to structively, really productively, on the This bill brings that reform to the get through because every State has its infrastructure side of our committee— Corps of Engineers in a number of im- own needs, every State has its own both highway infrastructure and water portant areas, such as the proposal challenges, every State has its own infrastructure. And that is what we Senator NELSON of Florida and I have. problems. We were able, because of our wanted to do from the very beginning It also streamlines and expedites the staffs working endlessly, to meet the on this bill. process, particularly with regard to en- needs, I believe, of the whole country, The crucial element to any success is vironmental review. That is very im- and that is why we have votes from the the will and the determination to do it. portant. entire country. We have votes from so We both had that, but I really thank Third, and finally, this bill advances many States because this bill is truly her for her leadership in that regard waterborne commerce by dredging our reflective of the needs of our commu- and being a great partner. harbors and ports and rivers, and get- nities. I certainly echo all of her thoughts ting that work done, which is vital, I want to say to Bettina Poirier, my about the staff work. I am deeply in- which is necessary, if marathon com- chief of staff and chief counsel, you debted to all of the staff work, particu- merce is going to move forward and

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My main point today is, let’s start time to turn to those young people We have major reforms in this bill with focusing on the issue of most impor- throughout this country, kids who are regard to the Harbor Maintenance tance to the vast majority of the looking forward to getting out on their Trust Fund, major reforms in the bill American people; that is, creating the own, earning a living, and help them with regard to the Inland Waterway millions of jobs we desperately need get the kind of jobs they need to suc- Trust Fund, dredging what we need to and making sure people have income ceed in life and to start their adult life dredge, moving forward on key harbors they can afford to live on with dignity. off in a good direction. and ports and waterways. That is im- The sad reality is—and we need to Each and every year when we talk portant for our Louisiana maritime focus on these issues—poverty is in- about young people, we should under- sector, which is a big part of the na- creasing and in many ways the great stand that another real tragedy is tak- tional economy. middle class of this country, once the ing place, and that is because of the So there are a lot of positives to this envy of the world, is disappearing. disappearing middle class and the high bill. That is why I was proud to help Sadly, the gap between the very, very cost of college education. Some 400,000 develop it and support it. That is why wealthy and everyone else is growing high school graduates do not go to col- I am very pleased today that it got wider and wider. lege, not because they are unqualified overwhelming bipartisan support. We must not have an economy where but because they cannot afford it. I yield the floor. just the people on top, just the multi- What a tragedy that is, to waste all of The PRESIDING OFFICER. The Sen- national corporations do extremely that intellectual capital. Who knows ator from Vermont. well, while the vast majority of the what those kids might do if they are f people are struggling to make ends able to get a college degree. But now, meet. because of declining incomes for their DISAPPEARING MIDDLE CLASS Since 1999 the average middle-class families and the high cost of college Mr. SANDERS. Madam President, family has seen its income go down by education, they are unable to do it. yesterday the nonpartisan Congres- nearly $5,000 after adjusting for infla- This is an issue on which we must also sional Budget Office, the CBO, esti- tion. Median family income today is focus. mated that this year’s budget deficit lower than it was in 1996. So all over From 1969 to 2009, median earnings will be 24 percent lower than it was this country people get up in the morn- for male high school graduates plum- projected just a few months ago. That ing, often husbands and wives, work meted by almost 50 percent after ad- is very good news for our country. long hours, and they come back and justing for inflation. Let me repeat Let’s not forget that just 5 or so years they find out that they are worse off fi- that. From 1969 to 2009, median earn- ago when President Obama came into nancially than they were 10 or 15 years ings for male high school graduates office in January 2009, he inherited a ago. plummeted by almost 50 percent after $1.4 trillion deficit—$1.4 trillion. This When you ask people, why, what di- adjusting for inflation. Men without a was as a result of two unpaid-for wars, rection, how is the country doing, they high school education have fared even huge tax breaks for the wealthy and think the country is moving in the worse. Their inflation-adjusted median large corporations, an unfunded Medi- wrong direction. That is precisely the earnings have shrunk by nearly two- care Part D prescription drug program reason: people are working long hard thirds over the past four decades. written by the drug and insurance com- hours, and they are falling further and What is that about? Well, what that panies and, of course, the terrible re- further behind. is about is at one time in this country, cession, which resulted in less revenue I understand when we pick up the when people did not have even a high coming into the Federal Government. newspapers they tell us unemployment school degree or just a high school de- We experienced 4 straight years of is 7.5 percent. That is one way of look- gree, they could go out and get a job. deficits above $1 trillion. This year the ing at unemployment. But if we look at Maybe that job was in a factory. Maybe CBO projects the deficit will just be it in a more accurate way, including it was not the greatest job in the $642 billion. Now, $642 billion is a lot of those people who have given up looking world, but if they worked in a factory, money. It is a large deficit. We have to for work, people who are working part and especially if they had a union job continue working on that issue. But, time when they want to work full time, in that factory, they could make a de- clearly, for a variety of reasons we real unemployment in this Nation cent wage. They could make it into the have made substantial progress, and we today is 13.9 percent. It is high time middle class. But, sadly, those jobs should be proud of that. this Congress began addressing that have, to a very significant degree, dis- By 2015, the CBO is projecting that issue. In fact, more than 20 million appeared. We have lost over 50,000 fac- Federal deficit will total just 2.1 per- Americans today do not have a full- tories in this country in the last 10 cent of GDP, exactly what those folks time job when they want to be working years millions of decent-paying jobs. involved with Simpson and Bowles told full time. What opportunities are there now us we needed to achieve in order to be Another issue that has not received available for young people who just fiscally sustainable over the long term. the attention that it deserves is youth graduate high school or may not even So the good news is that we have unemployment. Youth unemployment graduate high school? At best, at best, made significant progress on deficit re- is especially painful because we have they are going to work at McDonald’s duction. We should be proud of that. young people graduating high school, or work at Wal-Mart for inadequate However, we must be cognizant that we graduating college, wanting to go out wages. But the truth is that many of do not place ourselves in a situation in and begin their careers, begin their those young people are finding it dif- which the operation was a success but adult lives, and they cannot find a job. ficult to obtain any kind of job. the patient died. The patient I am talk- In some cases if they graduate college, There is another issue on which we ing about, of course, is the dis- they are finding a job which does not must focus, and that is distribution of appearing middle class, the backbone require a college degree. wealth because at the end of the game, of this great country. The youth unemployment rate for 16- the end of the game of economics, we In other words, while a lot of atten- to 24-year-old workers is 16.2 percent— want to know who wins and who loses. tion has been focused on deficit reduc- 16.2 percent. For teenagers the overall Clearly, what has been going on in this tion, which is important, it is high unemployment rate is 25.1 percent. For country in recent years is the people time we started focusing on what is African-American teens, the number is on top are doing phenomenally well happening to tens of millions of work- 43.1 percent. while the middle class is shrinking and ing families, people who are unem- Believe it or not, the United States poverty is at a very high rate. ployed, people who are working at very has now surpassed much of Europe in According to a report that came out low wage jobs, elderly people who can- the percentage of young adults without on April 23, 2013, a couple of weeks ago, not afford their prescription drugs, jobs, according to a recent article in from the Pew Research Center, all of families who cannot afford to send the New York Times. We have done the new wealth generated in this coun- their kids to college or provide well for a variety of reasons in dealing try from 2009 to 2011 went to the top 7 childcare for their young ones. with deficit reduction, but now it is percent of American households, while

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.042 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3500 CONGRESSIONAL RECORD — SENATE May 15, 2013 the bottom 93 percent of Americans lic transit, and aviation infrastructure of work, through no fault of their own, saw a net reduction in their wealth. with a D-plus. They say we must invest are having their unemployment bene- All of the new wealth, from 2009 to $1.6 trillion more than we are currently fits reduced by more than $32 a week 2011, went to the top 7 percent. Today, planning to spend on infrastructure on average. Now $32 here is what people the wealthiest 400 individuals in this over the next 7 years just to get a pass- spend for lunch. If you are a working country own more wealth than the bot- able condition. When we make that in- family and you are unemployed, $32 is tom half of America, 150 million peo- vestment, we improve life in America. a question of whether you buy food for ple—400 people here, 150 million there. People do not have to go over potholes. the kids. We have got to replace that That is not what this great country Bridges do not have to be closed. We loss. was supposed to be about. can develop a first-rate rail system to At a time when early childhood edu- Today, one family, the Walton fam- compete with Europe, Japan, China, cation is more important than ever, ily, the owners of Walmart, is worth and we can create jobs doing that. when we do an abysmal job in terms of $100 billion. That is more wealth than The second point, in terms of job cre- childcare and preschool education al- the bottom 40 percent of the American ation, is we can create significant num- ready, as a result of sequestration people. One family owns more wealth bers of jobs transforming our energy 70,000 kids are losing access to Head than the bottom 40 percent of the system away from fossil fuel, into en- Start and Early Head Start Programs. American people. ergy efficiency, and such sustainable That is unacceptable. Today the top 1 percent owns 38 per- energies as wind, solar, geothermal, I am chairman of the subcommittee cent of all financial wealth, while the and biomass. When we do that we begin which deals with aging, and I can tell bottom 60 percent owns 2.3 percent. In to start addressing the planetary crisis you that millions of seniors right now case people didn’t hear that correctly— of global warming, we begin to cut are struggling, figuring out how to pay maybe they are scratching their back on greenhouse gas emissions, and their food bills, buy their prescription heads—let me say it again. The top 1 we create good-paying jobs. drugs, and keep warm in the winter- percent owns 38 percent of all financial Thirdly, we have got to take a hard time. At a time when food insecurity is wealth in this country, while the bot- look at our disastrous trade policy, skyrocketing as a result of sequestra- tom 60 percent owns 2.3 percent. That which for many years has been cor- tion, tens of thousands of senior citi- gap between the billionaires and every- porate America’s policy, and a policy zens have been denied access to the body else is getting wider and wider of Republicans and Democrats alike. Meals On Wheels Program. Meals On and wider. In fact, as Warren Buffett Despite all of the evidence that unfet- Wheels is a program that goes to the has pointed out, we are seeing a mas- tered free trade has resulted in the loss weakest, most fragile, most vulnerable sive shift of wealth from the middle of millions of decent-paying jobs in people in this country, elderly people class to the billionaire class. this country, as corporations shut who cannot get out of their homes. Warren Buffett pointed out recently down here, move to China, Vietnam, Meals are delivered to them. For these that the 400 wealthiest Americans are and other low-wage countries, we still people, this is a question of life or now worth a recordbreaking $1.7 tril- have Democrats and Republicans com- death, whether they are going to live lion, more than five times what they ing forward doing the bidding of cor- with a modicum of dignity. Those pro- were worth two decades ago. porate America so these companies can grams have been cut as a result of se- Meanwhile, according to a June 2012 get cheap labor abroad while increasing questration. study from the Federal Reserve, me- unemployment in this country. We At a time when millions of Ameri- dian net worth of middle-class families have got to take a hard look at our cans cannot afford the cost of housing, dropped by nearly 40 percent from 2007 trade policies. 140,000 low-income families, primarily to 2010. What we are seeing is a massive I know every election campaign, 2 seniors with disabilities and families shifting of wealth from the middle weeks before the election, all the can- with kids, are losing rental assistance class, from the working class of this didates have ads on television bashing because of cuts to the section 202 elder- country, to the people on top. That gap China and ads on television talking ly housing program, the section 811 dis- between the very wealthy and every- about trade policy. Somehow the day abled housing program, and a number body else is now wider than it has been after the election everybody forgets it. of other affordable housing programs. since the 1920s and wider than any Whether it is a Democratic President, At a time when the cost of a college major country on Earth. whether it is a Republican President, education is becoming increasingly out What is my point? My point is that whether it is a Republican House or of reach for working families, 70,000 deficit reduction is important. We whether it is a Democratic Senate, we college students, as a result of seques- must continue to focus on it. We can- still continue moving down the road of tration, are losing Federal work-study not forget about the economic reality these disastrous trade policies. That grants. Some of them will not be able facing the men, women, and children of means NAFTA, CAFTA, and permanent to stay in college. this country, facing senior citizens of normal trade relations with China. We At a time when 45,000 Americans will this country. It is high time we began have to take a hard look and rethink die this year because they don’t have to address some of the major economic those policies. access to health care, sequestration problems we face. The last point I want to make is that has forced doctors in cancer clinics to In terms of job creation, most econo- while making progress on deficit reduc- deny chemotherapy treatments to mists will tell you the fastest way to tion, we have got to be appreciative thousands of patients because of a 2- create jobs is to put Americans back to that some of the people on whom we percent cut to Medicare providers. work rebuilding our crumbling infra- have balanced the budget are some of LIHEAP, which is the Low Income structure. In my State of Vermont and the most vulnerable people in this Heating Energy Assistance Program, in States all over this country, there is country. While one out of four major very important to the State of a desperate need to repair and rebuild corporations pays nothing in taxes, Vermont, is being cut by $180 million, our roads, bridges, dams, culverts, sew- while corporations are stashing their meaning people will go cold next win- ers, schools, and affordable housing. If money in the Cayman Islands, Ber- ter. we do this, if we start investing in our muda, and other tax havens, we have The PRESIDING OFFICER. The time infrastructure, making sure broadband made devastating cuts in programs of the Senator has expired. is accessible in every area in this coun- that people can ill afford. As a result of Mr. SANDERS. Let me conclude by try, cell phone service is available in sequestration, this is what is hap- saying we have made progress on def- every area of this country, rebuilding pening in the real world. At a time icit reduction, and that is good. Now it our roads, bridges, rail, we will make when over 20 million Americans are un- is time to pay attention to the needs of this Nation more productive. At the employed or underemployed, unem- working families all over this country same time we can put millions of peo- ployment insurance checks, which av- and put people back to work. ple back to work at all kinds of work. erage about $300 a week—try living on I yield the floor. The American Society of Civil Engi- $300 a week—are being cut by 10.7 per- The PRESIDING OFFICER. The Sen- neers has graded America’s roads, pub- cent. In other words, those who are out ator from Indiana.

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.043 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3501 Mr. COATS. Madam President, may I I have met with tea party groups all Sometimes I think we are beginning inquire as to how much time I am al- across the State of Indiana. Unlike the to hear the echoes of Watergate whis- lowed on morning business? characterization that is made by some, pering through this town and through The PRESIDING OFFICER. There these are honest, law-abiding citizens the residence at 1600 Pennsylvania Ave- are 10-minute allotments for the Sen- who are deeply concerned about the fu- nue. ators. ture of their country. They are deeply I have a hard time believing their f concerned about our nation’s plunge apology and explanation that this was into deficit spending and debt that may simply a misguided effort by low-level THE IRS never be able to be repaid and may be bureaucrats attempting to organize ap- Mr. COATS. Madam President, dumped in the laps of our children and plications for tax exempt status. Where Thomas Jefferson once said: our grandchildren. They want to do have we heard that before? Oh, yes, The majority, oppressing an individual, is something about it, and they are deep- Benghazi—these were some low-level guilty of a crime, abuses its strength, and by ly concerned about abuses of the rights bureaucrats who made the wrong deci- acting on the law of the strongest breaks up guaranteed under the Constitution. sion. the foundations of society. They said one of the first things they Where does the buck stop in this The foundation of this society, this do is suggest why don’t we read the town? It doesn’t stop at the President’s great society based on democracy, is Constitution and better understand the desk or at the desk of the Secretary of the principle of self-determination and Constitution. State. It seems to be pushed down to the belief that every American is equal I think that is a good idea, because I the ‘‘low-level bureaucrats’’ who under the law and guaranteed liberty. think some of the things we are doing should have been supervised better. This principle is ingrained in the char- raise the question of whether they are These people went off and did their own acter of our Nation, and it is enshrined constitutional. To form a group for the thing so let’s just dismiss it, push it to in our Constitution. purpose of addressing concerns about the side. So, yes, we lost an ambas- the national debt, which is running out Of the many things that set us apart sador—that was a tragic situation—and of control, about a government that is from other nations, there is none three others who were there trying to spending like a drunken sailor, about a greater than the First Amendment to protect him, but what is the big deal? government that refuses to do what the Constitution—the freedom of reli- It is over with. It was a mistake, so gion, the freedom of the press, freedom just about every business in America and every family in America has had to let’s move on. to assemble and to petition our govern- It is just like this pathetically weak do during this time of downturn and re- ment, and the freedom of speech. statement from our President who said Under the First Amendment, Ameri- cession—that is to tighten their belts and spend more wisely—only the Fed- if this turns out to be the case, then, of cans have the right to organize around course, we will need to do something the issues and values they believe in, eral Government doesn’t do this and hasn’t done this successfully. So they about it. It is real. It is there. It has to and they have the right to disagree get targeted by an agency that over- be addressed. with their government. This liberty is sees their taxes and intimidates them While an apology from the IRS is part of what energizes our democracy, or fails to give a rational evaluation of necessary, it is not enough to just sim- and it is essential if this democracy is their application for tax exempt sta- ply say it is an inappropriate act. The to prevail. targeting of these groups, which was That freedom has come under attack tus? This targeting is not only inappropriate, it is outrageous and it is dis- confirmed by, as I said, the inspector recently by our very own government general, is a very serious allegation when the Internal Revenue Service tar- graceful. It is a despicable abuse of power and a direct assault on our Con- and reveals an effort to misuse govern- geted conservative groups, including at ment power to unfairly scrutinize least one in my home State of Indiana, stitution. It is exactly the type of thing that makes Americans further those who disagree with the adminis- for extra scrutiny based on their polit- tration. The actions of the IRS to tar- ical leanings. The IRS must be non- distrust their government. Earlier this year, the Pew Research get groups based on political view- partisan. It has to be. It is not a par- Center released a poll revealing that 73 points is outrageous and disgraceful. It tisan watchdog. percent of Americans distrust their is an abuse of power and a direct as- Why did the enforcers of our Tax government. In other words, only 3 out sault on our Constitution. Code target groups with applications of every 10 Americans have faith in the Madam President, there must be ac- that included the words ‘‘tea party,’’ Federal Government. This trust deficit countability and responsibility from ‘‘patriots,’’ or ‘‘9/12 Project’’? Why did is something we should not ignore. It is top leadership, and that includes the it single out applications of groups fo- an alarming indication of how the White House. The American people de- cusing on issues such as government American people view their govern- serve answers. How could this clearly spending, government debt and taxes, ment—one that continues to overreach. unconstitutional action have occurred? to educate the public by advocacy to Those of us who are trying to assure Who was involved and who else was ‘‘make America a better place to live,’’ our constituents that we are doing ev- aware of this deliberate targeting? or those who sought to educate Ameri- erything we can to keep this govern- What steps will be taken to ensure this cans about our Constitution? The IRS ment from overreaching, who know we doesn’t happen again? singled out a group formed to better need to restore this trust, we are now Today, I have joined all of my Senate educate Americans about our Constitu- hit with something like this. Republican colleagues in sending the tion. What, are they afraid they are The IRS is given the responsibility of President a letter demanding the ad- going to read it? The IRS targeted a carrying out the law. It should never ministration comply fully with all con- group that wants to make America a use its powers for partisan purposes— gressional inquiries on this matter. No better place to live. They are afraid ever. Violating that standard destroys more avoiding, no more delaying, no that these groups are going to succeed the integrity of our government and more stonewalling, no more inappro- by questioning the policies of this ad- further erodes the trust of the Amer- priate responses. It is time for the administration and perhaps suggesting a ican people. Neither those of us who ministration to start answering some different course. make the laws nor those who enforce questions for the American people. This is outrageous, this targeting. the laws can be above the law, but the This scandal has left a stain on the The inspector general issued a report IRS believed it was above the law when IRS that I believe cannot be repaired yesterday saying these are very serious it targeted conservative groups for under current leadership. The head of allegations, and they reveal an effort scrutiny. Make no mistake, it is the the IRS, as well as every supervisor in- to misuse government power to un- IRS that will be under scrutiny be- volved, should be removed from their fairly scrutinize those who simply dis- cause of their own abuse, and so will posts. agree with the policies of this adminis- every other agency of government be- We will not tolerate the intimidation tration. Remember the timing. All of cause we are beginning to discover a and silencing of Americans simply for this took place during a national elec- disturbing pattern of politically moti- exercising their First Amendment tion. vated abuse. rights.

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.052 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3502 CONGRESSIONAL RECORD — SENATE May 15, 2013 Let me conclude by repeating Thom- Over the past 3 months, Sebelius has made have violated the law by increasing as Jefferson’s warning: multiple phone calls to health industry ex- Federal spending without congres- ecutives, to community organizations, and We must not allow this abuse of funda- sional authorization. As Congress be- to church groups, and asked that they con- mental constitutional rights to break up the tribute whatever they can to nonprofit gins investigating Secretary Sebelius’s very foundations of society. groups that are working to enroll uninsured actions, the American people deserve Madam President, I yield the floor. Americans and increase awareness of the answers to a number of important The PRESIDING OFFICER. The Sen- law. questions. ator from Wyoming. Madam President, these are very se- For starters, the American people f rious allegations against the Secretary would like to know who exactly the Secretary called. What did she ask? HEALTH CARE of Health and Human Services. The President’s health care law is a dis- What specific legal authority permits Mr. BARRASSO. Madam President, aster that threatens American jobs, the Secretary or any other HHS em- as I come to the floor today Americans threatens American paychecks, and ployee to solicit financial donations to all across the country are paying very threatens Americans’ health care. In- implement the health care law? Which close attention to the multiple scan- stead of facing the reality, though, HHS officials participated in the deci- dals surrounding the Obama adminis- Secretary Sebelius has called on the sion to ask for these donations? Did tration—one of the scandals my col- exact same companies she regulates— anyone else at HHS ask for donations league and friend from Indiana has just the companies she regulates—to make from outside groups and businesses? so eloquently discussed. financial donations to organizations Did any other Obama administration We are seeing headlines all across the that are trying to make this awful law officials make similar solicitations? country. Today my hometown news- look better than it is. What specific steps has Health and paper, the Casper Star Tribune, had the Well, the Sebelius shakedown is out- Human Services taken to ensure the headline ‘‘Trio of Troubles’’ relating to rageous. She is the Secretary of Health Obama administration will not favor the Obama administration. and Human Services for the country. businesses and organizations that gave What the American people are seeing She holds tremendous power and influ- money or punish those that did not do- from the Obama administration is a ence over these companies she regu- nate? high level of incompetence and a very lates. Her words and her requests mat- Secretary Sebelius had a history of low level of transparency. ter. One industry official with direct questionable decisions even prior to Here are just a few of the headlines knowledge of the Secretary’s funding her latest efforts to shake down the today in the Washington Post: ‘‘Crimi- request was quoted in the Washington health industry. Back in September nal Probe of IRS launched.’’ Criminal Post as saying there was a clear insinu- 2010, health insurance companies start- probe of IRS launched. Just below that, ation by the administration that insured informing their customers how ‘‘Leak Probe. Phone-records uproar ers should give financially to this ef- much the President’s health care law ends Holder’s respite.’’ That has to do fort. would increase the premiums of these with the Justice Department’s secret This would be like your boss coming individuals. So the Secretary re- gathering of records from the Associ- in and standing by your desk and then sponded by warning insurers the ad- ated Press. asking you how many boxes of Girl ministration would be keeping track of Inside the paper, open it, and there is Scout cookies you plan to buy from the their actions, and that some companies much more. ‘‘Media outlets condemn boss’s daughter that year. might be ‘‘excluded’’ from health insur- agency,’’ ‘‘Justice Department, IRS This kind of conflict of interest ance exchanges in 2014. scandals challenge Obama’s civil lib- would be disturbing even if this were That was not an idle threat. Medi- erties credibility.’’ just a minor agency with limited care’s Chief Actuary had predicted in Other articles in today’s paper note power, but Health and Human Services the future that essentially all Ameri- the ongoing scandal over the adminis- is not a minor agency. It is one of the cans would buy health insurance tration’s handling of the attack on our most powerful and influential bureauc- through the government exchange. So consulate in Benghazi. The Washington racies in all of Washington. President the Secretary seemed to be threatening Post Fact Checker recently gave the Obama’s health care law gave Sec- that any insurers telling customers the President four Pinocchios for his at- retary Sebelius unprecedented power to reason behind premium increases— tempt to mislead the public on the regulate a very large portion of the which, of course, would be the Presi- issue. The only reason they didn’t give U.S. economy. She controls a budget of dent’s health care law—could be put him five Pinocchios is you can’t get nearly $1 trillion and oversees health out of business. five. Four is the highest rating you can care industries ranging from insurance Most recently, last fall the U.S. Of- get for misleading and inaccurate in- companies to hospitals. fice of Special Counsel concluded that formation. On top of that, Health and Human Secretary Sebelius violated the Hatch Well, we need more details about the Services is currently negotiating with Act. She did this when campaigning for Benghazi coverup, the IRS targeting of health plans to set premium rates. It is President Obama when traveling on of- conservatives, and the Justice Depart- also setting up the government-run ficial government business. Federal ment’s decision to monitor members of health care exchanges and confirming workers who violate the Hatch Act are the media. which companies will get to partici- often fired, but Secretary Sebelius was Today, though, I want to talk about pate in those. That raises the stakes not punished at all. another important story that raises se- dramatically for these companies, and There are already enough concerns rious questions about this administra- it puts a tremendous amount of pres- about how the President’s health care tion’s actions. Of course, I am referring sure on them to keep the Secretary law will harm the American people. We to the abuse of power that I call ‘‘the happy. cannot afford unresolved questions Sebelius shakedown.’’ Private companies and other organi- about whether a Cabinet Secretary This scandal was first reported by zations should never be put in a posi- pressured businesses that she regulates the Washington Post on its front page tion where they could fear for their fu- to make donations. last weekend. Here is the headline. ture based upon their response to inap- A lot of media attention on these ‘‘HHS asking firms for money for propriate requests from a member of scandals has focused on the political ObamaCare.’’ The article goes on to the President’s Cabinet. The American fallout. The politics is not the real say: people should never have to wonder if issue. The real issue is that the Amer- Health and Human Services Secretary, their government is shaking down the ican people need to know their govern- Kathleen Sebelius, has gone hat in hand to very businesses they regulate. ment is not a thug. The real interest of health industry officials, asking them to At best, asking health care industry the American people is in knowing make large financial donations to help with executives to donate money for the ad- they have confidence that their govern- the effort to implement President Obama’s ministration’s health care law enroll- ment will act in the people’s best inter- landmark health care law. ment efforts is a blatant conflict of in- ests, not just in President Obama’s The article goes on to say: terest. At worst, the Secretary may best interest.

VerDate Mar 15 2010 03:19 May 16, 2013 Jkt 029060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.053 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3503 The American people need confidence pretty sure Sarah Neimeyer is close by. Those are just a few of the shootings that the administration is not favoring She is committed and tenacious. And that were reported on Friday. There or punishing the people it regulates she usually wins. are dozens more stories from Saturday based upon their support for the ad- There is one cause which is even and Sunday, including a fatal road rage ministration’s pet causes. dearer to Sarah and that is her fam- shooting in Arkansas; a convicted felon When it comes to these disturbing al- ily—her husband, Joe Warren, and who shot and killed his son in Mis- legations about Secretary Sebelius and their teenage sons, Will and Harry. As souri; four people found shot to death all of the other recent scandals, the accomplished as Sarah is in her profes- in a home in Waynesville, NC; and at American people deserve to know what sional life, if you ask her what she is least 19 people shot during a Mother’s happened. Yesterday Secretary proudest of, she will tell you in an in- Day parade in New Orleans. Sebelius had an opportunity to answer stant: it’s her boys. Sadly, there were multiple shootings questions. She did not. Today, again Paul Wellstone had a great definition from my home State of Illinois in Mr. Secretary Sebelius had an opportunity for politics. He used to say: Nocera’s report, including a Saturday to answer questions. Again, according ‘‘In the last analysis, politics is not pre- night shooting in Rockford and at least to press reports, she refused to do so. dictions and politics is not observations. Pol- nine people shot over the weekend in The American people want answers. itics is what we do. Politics is what we do, the Chicago area, three of them fatally. Members of the Congress want answers. politics is what we create, by what we work It is hard to read Mr. Nocera’s report There are many more questions to be for, by what we hope for and what we dare to and not feel that something is terribly asked. imagine.’’ wrong with this level of gun violence. I yield the floor. Paul Wellstone was right. That is Have we heard it so often that we reach The PRESIDING OFFICER. The Sen- politics at its finest. That is the kind the point it has no impact? I think ator from Illinois. of public service Sarah Neimeyer has most Americans will look at this re- Mr. DURBIN. I ask unanimous con- performed for me and for the people of port and agree that we should take sent to speak as in morning business. Illinois for the last nearly 6 years and steps to reduce this massive toll of gun The PRESIDING OFFICER. Without I am grateful to her. violence. objection, it is so ordered. I want to thank Joe, Will and Harry, Several weeks ago, on April 17, on f first of all, for sharing Sarah with us. this floor of the Senate, we fell short of TRIBUTE TO SARAH NEIMEYER And I want to thank Sarah for helping the 60 votes needed to break a Repub- to protect and preserve some of my lican filibuster. It was a filibuster Mr. DURBIN. Madam President, once State and our Nation’s greatest nat- against commonsense gun reform and in a while you are lucky enough to ural treasures. gun safety. We did not get 60 votes for meet someone who is down to Earth I wish her continued joy and success commonsense steps such as closing but uncompromising in their idealism. as she gets back on the ‘‘green bus’’ to gaps in the gun background check sys- I met someone just like that in the begin her next professional challenge. tem and cracking down on straw pur- year 2007, and I hired her for my staff. chasers who supply criminals and It was a great decision. f For the better part of 6 years, Sarah CONTINUING GUN VIOLENCE gangs with guns. JOE MANCHIN is a Senator from West Neimeyer has been a senior member of Mr. DURBIN. I rise to talk about the my staff, and this week she left my of- Virginia. He is a Democrat. He may be continuing toll of gun violence on one of the most conservative Demo- fice for a new adventure which she America and my home State of Illinois. started today, working with the new crats on the floor of the Senate. PAT- For several months now, New York RICK TOOMEY is a Republican from Secretary at the Department of the In- Times columnist Joe Nocera has pub- terior. I am sorry to lose her, but I Pennsylvania, arguably the most con- lished what he calls ‘‘The Gun Report.’’ servative Republican on the floor of wish her well. It is a daily compilation of stories Sarah comes by her idealism hon- the Senate. JOE MANCHIN and PATRICK about shootings across America. This TOOMEY, a Democrat and Republican, estly. She grew up in a family of pro- report, posted online on the New York gressives in rural Minnesota. Her dad sat down and said: Can we find some Times Web site, is startling. way to reduce gun violence in America practiced law and her mom raised It is one thing when you hear the dry honey bees and grew her own vegeta- in a bipartisan way? Two conserv- numbers about 87 Americans killed, 200 atives? Two gun owners? And they did. bles. wounded every day by gun violence, From her parents Sarah inherited They came up with a proposal that but Joe Nocera’s report goes beyond would call for universal background progressive ideals, practical Mid- the numbers. It shares some of the de- western values and a deep love of the checks. Today up to 40 percent of the tails from the news reports of these guns sold in America are sold to people land. shootings. During college, she spent her sum- not subject to a background check. For example, Mr. Nocera’s report for mers leading canoe trips through the How important is that? What if you got Monday describes shootings that took Boundary Waters Wilderness in north- on an airplane and before it took off place over this last weekend. The tally ern Minnesota and Ontario, Canada. the flight attendant said: Welcome to Her first boss in the Senate was a of shootings in America goes on to fill this flight. We want you to know that dear friend and one of my personal he- 19 paragraphs. Let me read just some of 60 percent of you have gone through roes, Paul Wellstone. Sarah worked for the descriptions of the shootings that TSA screening to see if you are car- Paul for 10 years. After he passed away, took place over this last weekend right rying a weapon or bomb; 40 percent we she left Capitol Hill and worked as an here in our beloved country: did not check. Would you get on the advocate for land conservation and wil- A 12-year-old boy was accidentally shot in airplane? Would you want your family derness preservation. the face by his 11-year-old friend Friday on that airplane? Illinois has benefited from Sarah’s morning in Camden, NJ. That is the situation in America Two Minneapolis, Minn. police officers today when it comes to the sale of fire- passion, her practicality and her in- were shot and wounded at a traffic stop in credibly hard work. the Uptown district Friday afternoon. arms. So JOE MANCHIN and PATRICK Lake Michigan is one of Illinois’ Avery Williams, 22, and Jamario Trout- TOOMEY said let’s close the problems most beloved treasures. As a member man, 24, died and a third man is in serious we have, the gaps in the law, and make of my staff, Sarah has fought many condition after a Friday afternoon shooting sure everyone, virtually everyone is battles to protect the Lake from in West Palm Beach, Fla. subject to a background check, par- threats from toxic dumping to invasive Tamara Logan, 44, teacher’s aide was shot ticularly those who buy guns through Asian carp. multiple times in the head area outside newspapers or over the Internet. Let’s McKinley Elementary School in east Erie, make sure those who go to gun shows She has worked alongside energy Pa., Friday morning. companies in Illinois that are cleaning 46-Year-old Bruce Byrd shot and killed his to buy guns, that at least we check up the way energy is produced. wife, 44-year-old Stephanie Byrd, and then their background. Whenever safe water, clean air and turned the gun on himself in a Why do we want to check? The law healthy lands are at stake, you can be Lawrenceville, Pa. home Friday. says you have a right under the Second

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.055 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3504 CONGRESSIONAL RECORD — SENATE May 15, 2013 Amendment to legally own and respon- ing at the problem of straw purchasing. Members of Congress, and I know it has sibly use a firearm in America. I under- That is one of the main ways that con- received a lot of publicity. stand that, and I will fight to protect victed felons and gang members get In a democracy, elections count. We it. But the law also says if you are a their guns in Chicago. have to make sure the people who are convicted felon or someone so mentally The article said many straw pur- elected want to have gun safety in this unstable you should not own a firearm, chasers see the opportunity as easy Nation. We need real reform when it you cannot buy one, not legally, in this money and a victimless paperwork comes to gun violence and gun safety. country. crime. In fact, straw purchases lead to We cannot just walk away from the There are a lot of sportsmen and serious crimes and killings. They are daily toll of shootings across America. hunters in my home State of Illinois. I the primary factor behind gun violence Instead, we need five more votes on the know many of them. They are in my in the city of Chicago. floor of the Senate. family. I have met them, I have talked What is a straw purchase? That is People say: Well, the House of Rep- to them. They get it. They want their when a person who can legally pur- resentatives will never consider this Second Amendment rights protected, chase a gun buys one to either give it measure. but they do not want to believe for a or sell it to a person who is going to Well, maybe they won’t, and maybe minute that a firearm is going to be use it in the commission of a crime. It the people who believe this is impor- sold to someone who is going to use it happens a lot. Almost 10 percent of all tant for the future of their families and in a crime or to someone who is so the firearms confiscated in the com- our country will remember that in the mentally unstable that they cannot mission of a crime in Chicago over the next election. That is what democracy handle it. That is what the Manchin- last 10 years—almost 10 percent of is all about. Toomey amendment was all about. We those guns came from the State of Mis- Some Senators have claimed they needed 60 votes, we got 55. sissippi. Mississippi. Why? It is because voted for an alternative—the so-called We lost four votes on this side of the you can show a driver’s license in Mis- Grassley alternative—and therefore aisle, the Democratic side. We picked sissippi and buy a gun. In fact, you can they are really for gun safety. Make no up four votes on the other side of the buy a trunk full of guns and you can mistake about it—that Grassley aisle. Let me commend my colleague, head out on the interstate, headed for amendment would have actually re- my Republican colleague, MARK KIRK, some alleyway or crackhouse in or moved tens of thousands of mental ill- who joined me in voting for this meas- near Chicago, make your sale that ness records from background check ure. It was truly a bipartisan effort night, and come away with a lot of databases, and it would have made it from those Senators who crafted the money. That is what straw purchasing nearly impossible to convict straw pur- bill and voted for it, but we fell five is all about. chasers. Only the gun lobby would call votes short of breaking a Republican One of the provisions in the law that an improvement to the current filibuster. which I cosponsored, which was a bi- system. The issue of gun violence is not going partisan provision, along with Senator There is no piece of legislation, no to go away. We are losing more Ameri- PATRICK LEAHY, Democrat of Vermont; bill or law that can end every act of vi- cans every day to this gun violence. Senator SUSAN COLLINS, Republican of olence. We are duty and morally bound Just this morning, the Chicago Tribune Maine; Senator GILLIBRAND of New to do everything in our power to keep reported that 2 people were killed and York, and myself, as well as my col- America safe. When we think of the 11 wounded in shootings last night in league, Senator MARK KIRK, Repub- tragedy in Newtown and the tragedy Chicago. lican colleague—we made this a bipar- that affected 4,000 gun victims since Chicago is a wonderful city; it is a tisan effort to say if you are going to Newtown, we have no choice but to great city. I am proud to represent it buy a gun to give it or sell it to some- move forward as a nation in a sensible and proud to spend much of my time one who is going to commit a crime, way. We need to protect Second there. But I am saddened by the gun vi- you are going to commit a Federal Amendment rights, but we also need to olence that takes place there and in all crime yourself if you do it, with up to keep guns out of the hands of convicted the major cities across America. 15 years in prison, real hard time for a felons and mentally unstable people. Since 26 schoolchildren and 6 teach- real crime. It was defeated. The gun I want to close by extending my sym- ers were killed in Newtown, CT, on De- lobby opposed it. Why? Was it to sell pathies to the victims and family cember 14, America has been fixed on more guns? This doesn’t help a sports- members in Illinois and across the Na- gun violence. Just the images of those man or a hunter, for someone to buy a tion who suffered from gun violence. I beautiful little boys and girls from gun so someone else can commit a am sorry this continues. It is time for their first grade class, killed in their crime with it, and yet they defeated it. Congress to act and act quickly. school by a man firing away repeatedly That is the reality of what we are up f with a weapon—it is just heart- against, but it is a reality that can SEXUAL ASSAULT IN THE breaking. I met some of those parents. change. MILITARY They have come by my office. They Senator KIRK named this provision in showed me the pictures of their kids. the bill after a recent gun victim in Mr. DURBIN. Madam President, There was not a dry eye in the room— Chicago, 15-year-old Hadiya Pendleton. about an hour ago I was on the tele- beautiful little boys and girls, gone. She was a beautiful little girl who phone with Secretary of Defense Chuck We have to ask the question: Can we came out for the time of her life to be Hagel. It was a somber conversation. do anything about it? Should we do at President Obama’s inauguration in We were talking about the most recent anything about it? Will we do anything January. She went back to Chicago, disclosure yesterday of sexual assault about it? and a couple of weeks later she was in the military. The Secretary said he The sad reality is, since that day, gunned down while standing at a bus was beside himself with the knowledge that horrible day in Newtown, CT, stop outside of her school. that this continues and that he was when that massacre occurred, more I cannot believe people voted against going to do something about it. I trust than 4,000 Americans have been killed the measure to stop straw purchasing that he will. by guns. Think about that. More than and to make these people who buy Last night we learned of the latest 4,000 Americans have been killed by these guns and put them into the flow and most reprehensible incident. The guns. If you read Mr. Nocera’s report in of deadly crime across America ac- Army is investigating a sexual assault the New York Times, you can see the countable. prevention and response coordinator at devastating loss our Nation suffers Well, people are speaking out now in Fort Hood, TX, for being engaged in every single day. a way they never have before. Mothers, abusive sexual contact and other abu- Sadly, America just about leads the doctors, mayors, law enforcement, and sive crimes. world when it comes to gun violence family members of victims are no Secretary Hagel has directed re- and gun death. It does not have to be longer going to sit down and be quiet; screening and retraining of all sexual that way. This past weekend the Chi- they are going to speak up. This coali- assault prevention coordinators and cago Tribune published an article look- tion has been turning up the heat on military recruiters. I know he is upset

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.056 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3505 about this; I could hear it in his voice. sure that the Guard and Reserve have Some folks don’t want us to know I join him in that response. He under- response coordinators available at all who they are when they meddle in our stands this is a pervasive crisis that times regardless of their duty status. politics, such as big companies taking threatens the moral underpinnings of We also have to ensure that each serv- positions that would annoy their share- our military. At risk are core values of ice has a robust investigative team holders or their customers and secre- trust, discipline, and respect that every with real expertise when it comes to tive billionaires who want influence one of our servicemembers expects and sexual assault. without accountability. They want to deserves to protect each other and ulti- These are just some of the many re- pull the strings behind the scenes. It mately to protect America. forms the Pentagon must work on with also includes polluters, Wall Street, Next Wednesday the Army will ap- Congress to make a difference. I am Big Oil, and other folks the public is pear before my Appropriations Sub- committed to working with Secretary fed up with. They all have lots of rea- committee on Defense. We will be ask- Hagel and the entire Pentagon leader- sons for wanting to stay secret. ing some hard questions: What has ship to ensure that every servicemem- The law in America requires lots of gone wrong? Why are so many men and ber can serve free of incidents of vio- disclosure, and the Supreme Court has women charged with stopping sexual lence and trauma like the one that was emphasized the importance of lots of assault being found guilty of it them- reported this week. I urge all of my disclosure. selves? This is a serious issue. colleagues to support these reforms for What is a company or a billionaire According to the Pentagon survey, our servicemembers. trying to hide their influence-seeking there were 26,000 sexual assaults in the I yield the floor. going to do? How does the secret U.S. military last year. That is a 35- The PRESIDING OFFICER. The Sen- money get in? Well, it is easy. They percent increase since 2010. That is ator from Rhode Island. create a front organization, usually more than 70 service women and men Mr. WHITEHOUSE. Madam Presi- with a phony-baloney happy name, and sexually assaulted every single day in dent, I ask unanimous consent to speak hide behind that—except it is not quite our military, and that is unacceptable. as if in morning business for up to 15 that easy. There are not that many We also know that only a fraction of minutes. types of organizations that can hide those incidents are reported. Fewer The PRESIDING OFFICER. Is there their donors that way. The most com- than 3,400 incidents a year, in fact, are objection? Without objection, it is so monly used is called a 501(c)(4), which reported to authorities. In nearly 800 of ordered. is a tax-exempt, nonprofit form of cor- those instances, the victim seeks help Mr. WHITEHOUSE. Madam Presi- poration that is regulated by—guess but declines to file a formal complaint. dent, I wish to thank the distinguished who—the IRS. I commend every one of those men Senator from Illinois for his statement. There is one big problem for people and women who had the courage to We serve together on the Judiciary wanting that secret influence in poli- come forward and name their accused. Committee. I hope that in that com- tics; that is, that kind of organization, It is an unimaginably tough thing to mittee as well we can work on ways to the 501(c)(4), needs to be set up under do, but it is the right thing for them improve the prosecution—particularly the law ‘‘for the promotion of social and it is the right thing for our mili- of rape offenses—within the military welfare’’—indeed, the law says ‘‘exclu- tary. Nevertheless, we have very far to by the Department of Justice. sively’’ for the promotion of social wel- go before we can say with confidence We need to break through the agree- fare. According to the IRS’s own regu- that the system is working to prevent ment that now prevents the Depart- lations, ‘‘The promotion of social wel- these incidents, protect the victims, ment of Justice from prosecuting those fare does not include direct or indirect and prosecute the perpetrators. For in- crimes for the crimes they are simply participation or intervention in polit- stance, last month a U.S. commanding because they take place in the mili- ical campaigns on behalf of or in oppo- general based in Italy overturned a tary. sition to any candidate for public of- military jury’s conviction of an officer f fice.’’ So that is a problem. charged with aggravated sexual as- THE IRS Well, the first kind of miniscandal is sault—overturned it. That sent a chill that the IRS has decided that an orga- through the ranks and caused increas- Mr. WHITEHOUSE. Madam Presi- nization is organized exclusively for ing fear among victims that when they dent, I am here to speak today because the promotion of social welfare if it is had the courage to step forward, ulti- Washington, DC, and the rightwing primarily engaged in social welfare ac- mately nothing would happen. outrage machine are all abuzz about tivities. By ‘‘primarily,’’ they mean 51 I appreciated that Secretary Hagel the scandal that the IRS appears to percent, so the other 49 percent can be immediately called for a change in the have targeted organizations for inquiry purely political. So ‘‘does not include Uniform Code of Military Justice. I based on tea party affiliation. Obvi- direct or indirect participation in po- know that Senator CARL LEVIN, Sen- ously, that is wrong, but let’s not for- litical activity’’ has been turned into ator JIM INHOFE, and the Armed Serv- get that is not the only IRS scandal— ‘‘actually does include but up to 49 per- ices Committee are working to act that is not the only scandal in town. cent,’’ which is nonsensical. As I said, swiftly on those recommended reforms. There are two IRS scandals. The other that is a miniscandal of its own. They have my full support. is the IRS allowing big, shadowy forces Let’s go on. The IRS allowing a I also wish to commend some of my to meddle in elections anonymously bunch of political operatives to form colleagues who have really stepped up through front groups that file false nonprofit groups that don’t disclose on this issue. Senator KIRSTEN GILLI- statements with the IRS. their donors and then collect millions BRAND of New York, a member of the Let’s go through this. Let’s begin of dollars and spend them on elections Armed Services Committee, has shown with the principle that it is pretty in contravention of a clear statute and real leadership, as have Senator PATTY clear that Americans have a strong seemingly in violation of their own MURRAY, chairman of the Budget Com- democratic interest in knowing who is rules also requires that they usually mittee, and Senator KELLY AYOTTE. trying to influence their vote in elec- make some false statements. That is They came together to introduce a bill tions. That is kind of democracy 101. where the scandal really worsens. Even the Supreme Court, which can I support, S. 871, the Combating Mili- There is a form called the 1024 form hardly agree 8 to 1 on what time it is, tary Sexual Assault Act. I also com- that is the application form for agreed 8 to 1 that knowing who is try- mend Senator CLAIRE MCCASKILL, who 501(c)(4) status. If we go to that form, ing to influence our votes is really im- has been outspoken in the Senate we will see question 15. Question 15 portant. Here is what they said: ‘‘Effec- Armed Services Committee on this asks: issue. tive disclosure’’ would ‘‘provide share- The bill I am talking about would holders and citizens with the informa- Has the organization spent or does it plan to spend any money attempting to influence provide victims with a special victims’ tion needed to hold corporations and the selection, nomination, election or ap- counsel to assist them through the elected officials accountable for their pointment of any person to any Federal, process, and it would strengthen the positions and supporters.’’ That is very state, or local public office or to an office in military prosecution system and en- much a part of the democratic process. a political organization?

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.058 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3506 CONGRESSIONAL RECORD — SENATE May 15, 2013 That is the question on the form, and discrepancy between the statements they believe are not doing what they it has to be answered under oath. filed with the IRS under oath and the want them to do. A considerable number of groups ap- statements also filed with the Federal For example, we learned last week pear to have lied on their applications and State election agencies, no matter from testimony in the House of Rep- for nonprofit status as well as on their how baldly the organization in practice resentatives that there were employees returns, and they have lied with abso- contradicts how it answered IRS ques- of the State Department who disagreed lutely no consequences. tions about political activity, the IRS with the direction and the way the gov- There is a Pulitzer Prize-winning, never makes a referral to the Depart- ernment was handling the Benghazi nonpartisan investigative group called ment of Justice. Thirty-two flagrantly situation and the word that was being ProPublica. ProPublica has inves- false statements and, as far as anyone put out by the State Department. They tigated these 501(c)(4) filings. As part of knows, not one referral to the Depart- disagreed with it. They didn’t like it. their investigation, they looked at 104 ment of Justice as a false statement. It They testified last week they were different organizations that had re- is a mockery of the law and it is a made to feel threatened, and the mes- ported to the Federal Election Com- mockery of the truth. sage was sent to them very clearly mission or to the State equivalent Fed- There is an easy solution. The De- from the highest levels of the State De- eral elective bodies—104 organizations partment of Justice prosecutes these partment that they should not be talk- that reported electioneering activity, false statements in lots of other in- ing or saying the things they were say- that they were involved in trying to stances. Prosecute these. Juries are ing. That concerned a lot of people. elect candidates. In those filings to the good at sorting out what is a lie and Unfortunately, on Friday of last Federal and State election boards, they what is not. week, in what I think was an attempt said: Here is what we spent on influ- Investigations, interviews, state- to bury a story—and there was no way encing those elections. ments, and subpoenas can look behind they were going to bury this one—they ProPublica cross-checked those 104 what appears to be a false statement, put it out on Friday, which is notori- that had filed statements saying how and prosecutors can get a full sense of ously known as the slowest news day of much they had spent to influence elec- the case, in a grand jury, before any the week because it goes into the week- tions and 32 of them—32 of them—told charges are finalized. But they can’t if end and people forget it and move on, the IRS they spent no money to influ- they don’t even look. but this one was not easy to forget. On ence elections, either directly or indi- Right now, multiple organizations lie Friday, we learned the Internal Rev- rectly. Both statements cannot be with impunity and in large numbers. It enue Service had specifically targeted true. An organization cannot tell one is indeed a scandal that the IRS will organizations in this country because Federal agency how much they spent not even make a referral. Frankly, it is of their political leanings and affili- to influence elections and tell another no great credit to the Department of ation. Federal agency they spent no money to Justice that the Department will not I understand this is not something influence elections and have both act on its own with all of this so public new. People have been complaining statements be true. and so plain. Hiding behind their agree- about this for a couple of years; Then we look at these organizations’ ment with the IRS, on these facts, is anecdotally, from organizations across behavior and the false statements look not that great Department’s finest the country, people coming to us and even worse. One organization said it hour. saying: We got this weird request from would spend 50 percent of its effort on So it is very wrong. It is very wrong the IRS asking us for all sorts of a Web site and 30 percent on con- that the IRS required additional infor- things. We started to hear that every- ferences. The investigation showed its mation from a number of organiza- where. We still, I think to some level, Web site consisted of one photograph tions—mostly small organizations— have confidence and hope, have the and one paragraph; no sign of any con- based on a screen that incorporates best hopes of the Federal Government ference. The same group declared it those organizations’ tea party orienta- and the people who work within it. As would take contributions ‘‘from indi- tion. But it is also very wrong that the we started to hear that more and more, viduals only’’ and then took $2 million IRS goes AWOL when wealthy and people became concerned. from PhRMA, the pharmaceutical powerful forces want to break the law So Members of this body wrote let- lobby. in order to hide their wrongful efforts ters inquiring of the IRS: Is this going Another declared to the IRS it had at secret political influence. Picking on? Are groups being targeted because spent $5 million on political activities, on the little guy is a pretty lousy thing they are a tea party member or be- but it told the Federal Election Com- to do; rolling over for the powerful and cause they are a 9/12 group? Of course, mission it had spent $19 million on po- letting them file false statements is the answer they gave was: No, that is litical advertisements. pretty lousy too. Two scandals. Let’s just not true; that is absolutely false. Another pledged its political spend- not let one drown out the other. We know it wasn’t false. ing would be ‘‘limited in amount and I yield the floor. Then the IRS said: But it was just will not constitute the organization’s The PRESIDING OFFICER. The Sen- this group of employees in Cincinnati. primary purpose.’’ Then that organiza- ator from Florida. As it turns out, that is not true either. tion went out and spent $70 million on Mr. RUBIO. Are we in morning busi- It was widespread. It was an effort ads and robocalls in one election sea- ness? throughout the IRS to specifically tar- son. It is almost funny it is so bad. The PRESIDING OFFICER. Yes, we get groups because they were called tea But there is nothing funny about are. party or liberty groups or groups orga- making a material false statement to a Mr. RUBIO. I don’t anticipate using nized to defend the scope of govern- Federal agency. That is not just bad it all, but I ask unanimous consent to ment, groups that are critical of deci- behavior, it is a crime. It is a statutory be recognized for up to 15 minutes. sions being made by the government. offense under 18 U.S. Code section 1001. The PRESIDING OFFICER. Without This is chilling. This was discovered The Department of Justice indicts and objection. last Friday and it has only gotten prosecutes violations of this statute all f worse. Every day that goes on we get the time, but they never do for this. more and more information in that re- Never. Why? It appears there is a bad THE ROLE OF GOVERNMENT gard. agreement between the Department of Mr. RUBIO. Thank you. Madam Then the revelation on Monday that Justice and the Internal Revenue Serv- President, I wanted to come to the the Justice Department of the United ice that the Department of Justice will floor to address the news of the last 4 States—think about that, the chief law not prosecute false statements if they days which I think has shocked the enforcement agency of the country— are made on this form unless the case American people in the wake of a series had issued this blanket search of the has been referred to them by the IRS. of revelations made across news agen- phone records of I think the Nation’s So that is really scandal two right cies about the role our Federal Govern- largest reporting group, the Associated there. No matter how flagrant the false ment has played and the way it has Press. I understand if they were going statement, no matter how great the used its power to intimidate those who after a leak that endangered America

VerDate Mar 15 2010 03:19 May 16, 2013 Jkt 029060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.059 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3507 and security; that is one thing. We can It doesn’t end there, by the way. This right now to the Labor Department, have a debate about that. But they is not just limited to the IRS. This is a who has an admirable personal story went much further than that. It was a culture of intimidation, a willingness which I admire and applaud, but who blanket request of all of these phone to play hardball politics against polit- has a history of using the government calls, including the switchboard. Pret- ical opponents. and his position in government to in- ty outrageous. Let’s not forget about the case of timidate people to do what he wants So in the span of 4 days, there were Boeing in South Carolina. Boeing de- them to do. I would submit to you that three major revelations about the use cided to relocate, as any business has a Mr. Perez’s nomination is bad for the of government power to intimidate right to do. In the United States of country in any time, but in this admin- those who are doing things the govern- America, a business should have the istration, in this political culture, ment doesn’t like. right to locate its operations in any after what we have learned in the last These are the tactics of the Third State it wants. When Boeing decided to few days, even more so. I hate to single World. These are the tactics of places relocate from Washington State to him out, but that is one of the pending that don’t have the freedoms and the South Carolina, the NLRB came after nominations that is before us. The independence we have in this country, them in a complaint which they claim point is, my friends, this is what we are and it is shocking to Americans that was on the merits, but it was very dealing with and a cautionary tale this would come to light in the way it straightforward. They were going after about expanding the scope and power of has. them because the union in Washington government. Because this same IRS I submit to my colleagues, however, State was upset about the move. In that was willing to do this—this same that none of this is new; that what we fact, the case was dropped, partially IRS that was willing to target groups see emerging is a pattern: a culture of because of political pressure but, inter- because of their political leanings, this estingly enough, the effort was only intimidation, of hardball politics that same IRS that audited Mr. abandoned after they negotiated a con- we saw both on the campaign trail and VanderSloot after he happened to ap- tract deal with the union. now through the apparatus of govern- pear on the Obama enemy list—this ment. I don’t have enough time in 10 or I can be up here all day, and I intend to keep coming back to the floor and same IRS will now have unfettered 15 minutes in morning business to cite power to come after every American them all, but I will cite a few that have citing examples. But the point is, we have going on now a culture of hard- and ensure that either you are buying already been discussed. insurance or you are paying them a Let me tell my colleagues about the ball politics and intimidation, which is unacceptable and should be chilling to tax—every American business. case of a gentleman named Frank The front lines of enforcing every Member of this body, Republican VanderSloot. He was a couple of ObamaCare fall to the IRS. That is things. Mr. VanderSloot was the na- and Democrat. This is unacceptable behavior. But what happens when you expand the tional cochair of Mitt Romney’s Presi- this is what we get when an adminis- scope and power of government. It is dential campaign. He was also a major tration is all about politics. This ad- always sold as a noble concept. It is al- donor to a super-PAC that was sup- ministration is a 365-day-a-year, year- ways offered as we are going to give portive of Governor Romney’s cam- round political campaign. Every issue government more power so they can do paign. is a political campaign. Leading up to good things for us. But the history of In April of 2012, President Obama’s the election, and even now, every issue mankind proves that every time gov- reelection campaign posted on the Web is a wedge. Few times in the history of ernment gets too much power, it al- a list of eight ‘‘wealthy individuals’’ this country has anyone used this of- most always ends up using it in de- with less than reputable records who fice to drive more wedges among the structive ways against the personal lib- were contributing to Mitt Romney. It American people than this President erties of individuals. was a series called ‘‘Behind the cur- and this administration. So, yes, this is That is why the Framers of our Con- tain: A brief history of Romney do- the culture that has been created: They stitution were so wise to impose real nors.’’ It described Mr. VanderSloot as are bad and we are good. Our enemies constitutional limits on the power of litigious, combative, and a bitter foe are bad people. The people who dis- our government, because they knew for the gay rights movement. Curiously agree with us on policy are bad people. from history that this was the case. enough, within a few weeks, Mr. If you don’t support us on gun, you That is why our Constitution says that VanderSloot was the subject of not just don’t care about children and families. unless government at the Federal level one but two IRS audits, one for his per- If you don’t support some measure is specifically given a power, it does sonal life and one for his business. Co- against religious liberty, you are wag- not have it. That is why it says that. incidence? Maybe we should find out ing a war on women. On issue after That is why you see people stand up through an investigation. issue—a deliberate attempt to divide here on the floor and fight to protect Then we get word of something else. the American people against each the Constitution. That is why these This is even more—well, equally—out- other for the purposes of winning an groups were formed around the coun- rageous. That is the case of this orga- election. try—everyday Americans from all nization called ProPublica, which was That is the culture that has been cre- walks of life; people, some of whom had mentioned a moment ago in relation to ated, and that culture leads to this never been involved in politics before, another discussion. I wish to get the kind of behavior. Whether it was di- who joined the tea party movement or facts exactly right about this. Basi- rected or not, we do not know that. I a 9/12 movement—because they feared cally, as it turns out, the IRS—some- am not saying someone picked up the the direction our country was going, one in the IRS—released nine pending phone in the White House and said: Do and so they stood up and said: This is confidential applications of conserv- these audits. Leak this information. I wrong. ative groups to the so-called investiga- am saying when you create a culture This is why this adherence to the tive reporting agency, this so-called where what is rewarded is political ad- Constitution. Because the Constitution not-for-profit, impartial—we can have vantage, when you create a culture in was based on the simple truth that if that debate later, but I don’t want to your administration where everything government has too much power, it al- be guilty of doing to the donors of that is politics 24 hours, 7 days a week, most always ends up destructive. group what the Obama campaign did to when you create a culture where every Our Framers knew better than to the donors of Mr. Romney. So let me issue that comes before the Congress is rely on ‘‘good people’’ being in govern- just say in response, they sent out in- used to divide people against each ment to take care of us. They under- formation that was confidential, that other to see who can get the 51 percent stood that government’s power, in was not public, illegally. They leaked of the next election, when you create a order for us to have freedom and pros- from the IRS information on nine of culture like that, it leads to this kind perity, necessarily had to be limited— these groups that was then reported on of behavior throughout your adminis- not because we are antigovernment. Of by this organization, which admitted tration. course we need a government. Who pro- that it came from the IRS. Coinci- In the days to come, we will hear vides for our national defense? Who is dence? more about this. We have a nominee supposed to secure our borders? We are

VerDate Mar 15 2010 03:19 May 16, 2013 Jkt 029060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.061 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3508 CONGRESSIONAL RECORD — SENATE May 15, 2013 having this immigration debate. These hardball politics tactics we cannot the 15 nominees who could and should are important things our government stand for. I hope we will be united in have been confirmed last year. needs to do. But if you give it too much condemning this and ensuring we get William Orrick, who the Senate will power, it leads to these abuses. to the bottom of this with significant finally consider today, is one of those This is why the Constitution was so investigations and hearings from the nominees. He has now been reported wise to limit the power of the Federal committees in the Senate that have ju- twice with bipartisan support, and he Government to its enumerated powers risdiction on the matter. has spent over 225 days waiting for his and leave to the government closest to I yield the floor. final, Senate confirmation vote. He was the people most of the powers. I suggest the absence of a quorum. first reported last August. There was I think we should re-examine all The PRESIDING OFFICER (Mr. no reason he could not have been con- these decisions that have been made HEINRICH). The clerk will call the roll. firmed last year, especially considering that have expanded the scope and The bill clerk proceeded to call the that he is nominated to fill a judicial power of our government. roll. emergency vacancy. I do not know how many people are Mrs. BOXER. I ask unanimous con- William Orrick is currently Special aware of this, but early next year every sent that the order for the quorum call Counsel at the law firm Coblentz, single one of you is going to have to be rescinded. Patch, Duffy & Bass, LLP, where he buy insurance, health insurance that The PRESIDING OFFICER. Without previously served as a partner for over the government says is good enough— objection, it is so ordered. two decades. From 2009 to 2012, he maybe not the insurance you are get- f served in the Department of Justice’s ting today that you are happy with— Civil Division, first as Counselor, and and if you do not buy that insurance, EXECUTIVE SESSION subsequently, as Deputy Assistant At- you are going to owe the IRS some torney General. The ABA Standing money. That is a tax to me. The same Committee on the Federal Judiciary IRS that has shown a propensity to NOMINATION OF WILLIAM H. unanimously rated William Orrick target people based on their political ORRICK, III, TO BE UNITED ‘‘well qualified,’’ its highest rating. He leanings—this is who we have empow- STATES DISTRICT JUDGE FOR has the strong support of his home THE NORTHERN DISTRICT OF ered through ObamaCare. State Senators, Senator FEINSTEIN and CALIFORNIA This is what is going on here. It is Senator BOXER. not just one scandal at the IRS. It is Regretably, Senate Republicans have broken from our traditions and have about a culture of hardball politics. I NOMINATION OF MARILYN B. taken to opposing judicial nominees think in the days to come we are going TAVENNER TO BE ADMINIS- based on those nominees’ efforts on be- to learn a lot more about it, and we are TRATOR OF THE CENTERS FOR half of clients. They did this when op- not going to like what we learn. MEDICARE AND MEDICAID SERV- For example, you think about some posing nominees like Jeffrey Helmick, ICES of our most precious freedoms—the Paul Watford, and, most recently, First Amendment right to free speech. The PRESIDING OFFICER. Under Caitlin Halligan, and they are doing it, Think about if you are a reporter at the previous order, the Senate will pro- again, with William Orrick. They are the Associated Press. Think about if ceed to executive session and consider opposing William Orrick because he you are a source—unrelated to national the following nominations, which the worked on behalf of his client—the security—to the Associated Press. clerk will report. United States Government—on cases Think about if you are a whistleblower, The legislative clerk read the nomi- dealing with Federal preemption in im- someone who is blowing the whistle on nations of William H. Orrick, III, of the migration. government activity because you work District of Columbia, to be United The criticisms of his supervision and in the government and you think what States District Judge for the Northern advocacy on these immigration cases the government is doing is wrong. District of California; and Department on behalf of the United States are un- Think about that for a second. of Health and Human Services, Marilyn warranted and, again, reflect a funda- Now, all of a sudden, what are you B. Tavenner, of Virginia, to be Admin- mental misunderstanding of our legal afraid of? I am not calling that re- istrator of the Centers for Medicare system. I have repeatedly noted that porter back because their phone might and Medicaid Services. from John Adams to Chief Justice Rob- be tapped, my number might show up Mrs. BOXER. Mr. President, what is erts, that has never before been the on their records, because the Justice the order in terms of the time for the standard by which we consider judicial Department has just shown they are votes? nominees. Senate Republicans have willing to do that. Think about the The PRESIDING OFFICER. Time is adopted another double standard when chilling effect that sends up and down held until 4:30 and is equally divided. it comes to President Obama’s nomi- the government. Mrs. BOXER. Will there be a vote at nees. If there is wrongdoing somewhere in 4:30? Further, having reviewed his re- the government right now, people are The PRESIDING OFFICER. There sponses, I believe that the nominee has probably afraid to blow the whistle be- will. more than adequately responded to the cause they are afraid they are being Mrs. BOXER. Thank you very much. questions presented to him. It is time surveilled by the Justice Department There will be two votes, I understand. to vote on his nomination and allow or that the person they are talking to Mr. LEAHY. Mr. President, I noted him to work on behalf of the American is being surveilled. That is how out- last week that Senate Republicans who people in a judicial emergency district rageous this is. have taken such pride in the number of where the judges have been over- Think about people who are thinking judicial nominees being confirmed this whelmed with cases. about getting involved in the political year ignore how many were needlessly Because Senate Republicans have de- process, contributing to a group or delayed from confirmation last year. layed the confirmations of well-quali- speaking out, donating to a campaign There were 11 nominees left pending on fied nominees like William Orrick, we or a candidate, as they are allowed to the Senate floor, and another four remain 20 confirmations behind the do under the Constitution. They do not nominees who had had hearings and pace we set for President Bush’s circuit want to be the next VanderSloot. They could have been expedited, as we had and district nominees, and vacancies do not want to be the next guy being done for many of President Bush’s remain nearly twice as high as they targeted. They do not want to be the nominees, and all could and should were at this point during President next person being smeared on a Web have been confirmed before the end of Bush’s second term. For all their self- site. last year. Instead, all had to be renomi- congratulatory statements, they can- This is unacceptable. This is outrage. nated, and we are still working not refute the following: We are not And every single Member of this body through the resulting backlog. We are even keeping up with attrition. Vacan- should be outraged by this behavior. halfway through May, and the Senate cies have increased, not decreased, This culture of intimidation, these has still not completed action on 4 of since the start of this year.

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.062 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3509 President Obama’s judicial nominees backlog of nominees before the Senate, ernment’s position in cases in which an have faced unprecedented delays and the fault for failing to confirm these alien is seeking to prevent removal obstruction by Senate Republicans. We nominees lies with Senate Republicans. from this country. The office also de- have yet to finish the work that could The Judicial Conference recently re- fends the government in cases when an and should have been completed last leased their judgeship recommenda- alien brings a challenge to the length year. There are still 10 judicial nomi- tions. Based upon the caseloads of our or conditions of detention. That means nees with bipartisan support being de- Federal courts, the Conference rec- that Orrick’s primary task was to liti- nied confirmation. ommended the creation of 91 new gate against aliens in Federal court. It is true that some vacancies do not judgeships. That is in addition to the 85 Mr. Orrick has also been called upon have nominees. I wish Republican judgeships that are currently vacant. to represent the Department of Justice home State Senators would work with This means that the effective vacancy in other cases, including those chal- President Obama to fill these vacan- rate on the Federal bench is over 18 lenging state immigration laws like cies. As I stated last week when this percent. A vacancy rate this high is those in Arizona and Alabama on Fed- issue arose in the Judiciary Com- harmful to the individuals and busi- eral preemption grounds. In these cases mittee, I am more than willing to work nesses that depend on our courts for and others, Mr. Orrick dutifully and with Republican Senators and the ad- speedy justice. The damage is even faithfully executed his duty to advance ministration to consider nominees for more acute in the busiest district the position of the United States Gov- these vacancies. But it is disingenuous courts, such as those in border states ernment. of Republican Senators not to work that have heavy immigration-related Mr. Orrick’s record speaks for itself. with President Obama to pick nomi- caseloads. Unfortunately, several of He is seasoned. He has over three dec- nees and then blame the President for those district courts also have signifi- ades of experience in legal practice, the lack of nominees. If Senators want cant numbers of judicial vacancies, and faithfully representing his private and new judgeships in their States, they I hope that Senators are working to governmental clients. He has been should be working especially hard to find good nominees to fill those vacan- rated ‘‘well qualified’’ by the American ensure that all existing ones are filled. cies. Bar Association. I take very seriously my responsibility Senate Republicans have a long way I will close with a few remarks on the to make recommendations when we to go to match the record of coopera- confirmation process. Mr. Orrick’s con- have vacancies in Vermont, whether tion on consensus nominees that Sen- firmation is a long time coming. He the President is a Democrat or a Re- ate Democrats established during the was first nominated nearly a year ago, publican, and I would hope that other Bush administration. After today’s and first approved by the Judiciary Senators would do the same. After all, votes, 9 more judicial nominees remain Committee on August 2, 2012 with the support of Senators Kyl and GRAHAM. if there are not enough judges in our pending, and all were reported unani- When the 112th Congress recessed, home States, it is our own constituents mously. All Senate Democrats are other nominees who were reported by who suffer. ready to vote to allow them all to get the Judiciary Committee before the It is not enough for Senators to say to work for the American people with- that they are working on getting rec- August recess were confirmed. Not Mr. out further delay. We can make real Orrick. He had to be renominated. His ommendations or they have appointed progress if Senate Republicans would nomination had to be reported by the a commission to give them rec- join us. Judiciary Committee again. His nomi- ommendations. Senators have to lead Mrs. FEINSTEIN. Mr. President, I nation has only now come to the this effort in their home States, set rise today to strongly support the nom- floor—nearly a year after his first nom- firm deadlines, and get the President ination of Bill Orrick to the Northern ination. recommendations to fill these vacan- District of California. This is a real shame. The Northern cies. In some places Federal judgeships Bill Orrick was raised in San Fran- District of California is in a judicial have been vacant for 500 days or 1000 cisco, where his family has a long and emergency, as declared by the Judici- days or more without a recommenda- distinguished pedigree in the legal ary Conference of the United States, as tion. community. I happen to have known are all judicial districts in California. I was interested to hear Senate Re- the nominee’s father, William Orrick, The Northern District has 675 weighted publicans argue that if Senators do not Jr., who was a highly-respected Federal filings per judgeship, making its case- get recommendations in ‘‘expeditiously judge in San Francisco. The firm load 30 percent above the national av- enough,’’ the President ‘‘has the pre- Orrick, Herrington, & Sutcliffe—which erage. A civil case takes nearly 3 years rogative to nominate someone and his grandfather founded—is pristine in to get to trial—up nearly 50 percent then we have the responsibility to act San Francisco. I strongly urge my col- from a year ago. on it.’’ Before President Obama had leagues to support Bill Orrick’s nomi- When well-qualified nominees like made a single judicial nomination, all nation. He has proven throughout his Bill Orrick are held up, judicial emer- Senate Republicans sent him a letter career that he has the intellect, skill, gencies like those California continues threatening to filibuster his nominees and temperament to do an outstanding to face year after year are only exacer- if he did not consult Republican home job on the Federal bench in San Fran- bated. State Senators. So the recent state- cisco. I am very pleased Bill Orrick will be ment was a either complete reversal in Mr. Orrick earned his bachelor’s de- confirmed, and I thank my colleagues position, or baiting a trap to then fili- gree from Yale and his law degree from on the Republican side for agreeing to buster any nominees the President Boston College. He then represented schedule a vote on his nomination. I sends to us. low-income clients in Georgia for five simply believe—strongly—that he Moreover, the failure of some Repub- years. After that, he came home to San could and should have been confirmed lican Senators to help fill vacancies in Francisco, where he practiced commer- sooner by this body. their own States does not excuse their cial litigation for 25 years at Coblentz, I yield the floor. unwillingness to complete action on Patch, Duffy, & Bass. He primarily Mrs. BOXER. This is a very good day the consensus judicial nominees who practiced in the field of employment for me because we not only had a great are ready to be confirmed but whose defense. vote on our water resources bill, which confirmations are being needlessly de- In 2009, he joined the Justice Depart- is so important to this economy, to layed. Mark Barnett, Claire Kelly, Wil- ment, where he worked in the Civil Di- jobs, and businesses all across this liam Orrick, Sheri Chappell, Michael vision and oversaw the Office of Immi- great Nation, but finally we are getting McShane, Nitza Quinones Alejandro, gration Litigation. As an attorney at a vote on an excellent nominee to be Luis Restrepo, Jeffrey Schmehl, Ken- the Justice Department, Mr. Orrick’s the U.S. district judge for the Northern neth Gonzales, and Gregory Phillips job has been to represent his client District of California, William H. are awaiting confirmation and Sri zealously and professionally—and he Orrick, III. Srinivasan, Ray Chen, and Jennifer has done so. Mr. Orrick was approved by the Sen- Dorsey could have been reported to the The Office of Immigration Litigation ate Judiciary Committee with bipar- Senate last week. So long as there is a is in the business of defending the gov- tisan support, and his appointment to

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.064 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3510 CONGRESSIONAL RECORD — SENATE May 15, 2013 the Northern District would fill a seat I am so excited that we are voting on about patients, then Marilyn is your in an emergency district. We need to this matter today. CMS is the largest person. Marilyn, through all of her move on this nomination, and I am line item in the Federal budget. It is work, whether as a nurse, a hospital most grateful for getting this oppor- larger than the Department of Defense administrator, a regional health care tunity today. because both Medicare and Medicaid executive, a cabinet secretary or a The caseload in the Northern District are such significant budgetary items. CMS administrator, has never forgot- is 24 percent above the national aver- We have not had a confirmed Admin- ten it is fundamentally about patients age, at 631 weighted filings per judge- istrator of CMS in the United States and that before we get to health care ship. Civil cases that go to trial in the since 2006. We have been operating this we have to care about health. Marilyn Northern District now take over 34 program on which tens of millions of brings a nurse’s attitude, and what a months to get to trial, up from 21 vulnerable Americans rely on a daily great thing it would be for the nursing months just a year ago. We know jus- basis with a succession of part-time, profession to have a nurse as the agen- tice delayed is justice denied, so this is acting, interim Administrators. It will cy director of the Centers for Medicaid justice delayed. It is not good for our be good for the country and for the and Medicare Services. She brings a country. That is why I am so excited mission of CMS to confirm an Adminis- nurse’s mentality, and she will do that we are finally getting to this vote. trator. I am excited that we are taking every day on the job. That is her first This is such a good nominee. He that vote today. priority. brings a depth of legal experience in A few words about the nominee The second reason Marilyn would be both the public and private sectors, Marilyn Tavenner. First is her experi- a strong CMS Administrator is that which will make him a tremendous ence: Marilyn is from a rural commu- she is an expert, frankly, at finding asset to the Northern District Court. nity in Southside, VA. She grew up and savings and finding ways to reduce and Mr. Orrick received his bachelor’s de- wanted to be a nurse. She started her control costs. We all know in the coun- gree from Yale University, and he career as a nurse and served at hos- try we spend too high a percentage of earned his law degree from Boston Col- pitals, first rural and then urban hos- GDP on health care—18 to 19 percent of lege. He graduated cum laude from pitals, in Virginia for many years. our GDP on health care. Other nations both schools. After law school, he spent Her leadership skills and traits were in the world—Switzerland and others— 5 years providing pro bono legal serv- recognized, and she became a nursing spend 11 or 12 percent. We have a sys- ices for low-income clients in the State supervisor, obtaining greater education tem that produces some spectacular of Georgia. along the way. At one point, she was professionals and some procedures that Then Mr. Orrick returned home to working at a hospital in Virginia that are second to none in the world, but we the Bay Area, and he joined a very lost their CEO, and as the board wres- don’t live as healthy as other nations prominent San Francisco firm— tled with who should be an interim and some of our outcomes are not quite Coblentz, Patch, Duffy, and Bass, CEO, whether they should do a search as strong and we spend too much. So where he spent 25 years as an associate or bring someone in from the outside, one of the subjects we talk about on partner and then the head of the firm’s it was suggested Marilyn might be the this floor all the time is budgetary employment litigation practice. person to do it. She wasn’t interim issues and what are the right ways the In 2009 Mr. Orrick joined the Depart- CEO for long before the board decided Federal Government can find savings ment of Justice as Deputy Assistant she was, in fact, the person who should in our own programs. Attorney General in the Civil Division. run the hospital. But also if we do innovative things in His primary duty at the Justice De- She then had a career of running that Medicaid and Medicare that would save partment was to oversee the Office of hospital, then multiple hospitals and money, those also become examples Immigration Litigation, representing eventually worked for the HCA hos- that can be learned throughout the the United States in all manners of im- pital chain running an entire region of health care industry to help us find ap- migration law. hospitals and eventually became a vice propriate savings. When I was Gov- Last year he returned to private president for HCA running all of their ernor and we were dealing with the na- practice in San Francisco. Mr. Orrick outpatient surgery centers for all of tional recession and we were having to considers service to the community to the United States. be a hallmark of his legal career. He At that point, I reached out to make cuts, there was no one in my cab- spent 11 years as chancellor and legal Marilyn—I had been elected Governor inet or no other senior official whom I advisor to the Episcopal Diocese of of Virginia in 2005—and asked her to be had who worked with me who was more California and 13 years working with my secretary of Health and Human creative and compassionate about try- the Good Samaritan Family Resource Services. Marilyn performed in an ex- ing to find targeted ways to achieve Center, a low-income housing nonprofit emplary way as a cabinet secretary in savings as Marilyn Tavenner. She is a in San Francisco. This is a man who my administration from 2006 to 2010 whiz at this and yet never sacrifices has given back over and over again. and helped me tackle all manner of her focus on patient care, which was At his law firm he supervised much Health and Human Services challenges, the primary attribute of hers I men- of the firm’s pro bono work, for which some of which she had significant tioned. So as we wrestle with Medicaid he received the San Francisco Bar As- background in—nursing education, for and Medicare and the growth of those sociation’s ‘‘Outstanding Lawyer in example—and others that might have budgetary items, and we need to find Public Service’’ Award. been new—cessation of youth smok- ways to try to deal with them, I The American Bar Association found ing—and some that were not even on couldn’t think of a better person than that Mr. Orrick is ‘‘unanimously well- the health side but were in the human Marilyn Tavenner to be in that posi- qualified’’ to be a Federal judge. Today services portfolio that had not been her tion. is Bill Orrick’s 60th birthday. I can work—foster care and mental health The last attribute of hers that I think of no better gift than for us to fi- reform. In all those areas, Marilyn think is truly an amazing one and a nally act on this nomination. proved herself to be very able. reason I support her is that she is a I urge my colleagues to cast an She has been essentially the chief op- creative person and is always driven by ‘‘aye’’ vote. I think it is a vote you will erating deputy at CMS since early 2010. finding true results. I could tell numer- be proud of in the future. She was the No. 2 at CMS to the Ad- ous stories from my time as Governor I yield the floor. ministrator nominee Donald Berwick— of her efforts to successfully help us The PRESIDING OFFICER. The Sen- a nominee who was never confirmed by ban smoking in restaurants and bars to ator from Virginia. the Senate—and in that role she improve our health, her efforts to help Mr. KAINE. Mr. President, I rise worked closely with Donald Berwick us improve our foster care system out- today in support of a nomination as and did wonderful work within CMS comes, to train more nurses, and ex- well. One of the other votes we will be through the very challenging time of pand the number of physicians in the casting at 4 o’clock is on the nomina- drafting, passing, and now the imple- State, but the story I will tell is one tion of Marilyn Tavenner of Virginia to mentation of the Affordable Care Act. that was a shame for Virginia, but be the head of the Centers for Medicare Marilyn is the right person for the Marilyn helped us solve it by being cre- and Medicaid Services, CMS. job for three reasons: First, if you care ative and helping us focus on results,

VerDate Mar 15 2010 02:07 May 16, 2013 Jkt 029060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.065 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3511 which is what we need at the national The PRESIDING OFFICER. The So I extended the courtesy a second level. clerk will call the roll. time, offering Mr. Orrick the oppor- Here is a conundrum about Virginia. The legislative clerk proceeded to tunity to provide a responsive answer When I was elected Governor, we were call the roll. to my earlier questions. Unfortunately, in the top 10 in the Nation in per capita Mr. GRASSLEY. Mr. President, I ask the ‘‘answers’’ he provided to my sec- income, but in infant mortality we unanimous consent the order for the ond set of questions were as non-re- were about 35th in the Nation. It just quorum call be rescinded. sponsive as the first. didn’t seem like those two things The PRESIDING OFFICER. Without Now, I understand that it is not un- matched up; a high-income State with objection, it is so ordered. usual for nominees to claim they are a successful economy and a low unem- Mr. GRASSLEY. Mr. President, I rise unable to answer a particular question, ployment rate should be doing better in opposition to Mr. Orrick’s nomina- but I must say that the degree of Mr. in infant mortality. That had occurred tion to be a District Judge for the Orrick’s non-responsiveness rose to a to Governors before me; that this just Northern District of California and I level well above what we typically see didn’t make sense. Why would we not would like to take a few moments to from nominees. be a better State when it comes to the explain to my colleagues why I will be Moreover, just because a particular health of our newborns? voting no. answer might be awkward for the ad- I gave Marilyn the challenge—be- Before I discuss the nominee, how- ministration that does not justify re- cause I didn’t know the answer and I ever, I will update my colleagues on fusing to provide that answer. didn’t know what to do—as my Health where we stand with judicial confirma- Now, although there were a host of and Human Services secretary, to dra- tions. Thus far, the Senate has con- questions Mr. Orrick would not answer, matically reduce our infant mortality firmed 187 District and Circuit nomi- I will provide just one example. In the rate. You can do everything else you nees; we have defeated two. That’s 187– hearing, I asked Mr. Orrick about a want, but the No. 1 thing I want you to 2, which is a .989 batting average. That particular Ninth Circuit case and asked do during my single 4-year term as is an outstanding record. if it was controlling. This was in con- Governor is help us figure out a way to So far this year, the Senate has connection with a brief he filed opposing dramatically reduce our infant mor- firmed 16 nominees. Today, if Mr. the Defense of Marriage Act. I thought tality rate. Orrick is confirmed, we will have con- he mischaracterized the precedent and Others had made the effort, and the firmed the 17th nominee. At this stage wanted an explanation. At a minimum, other efforts hadn’t produced any re- in President Bush’s second term only I wanted to know if he had a basic sults. But largely through a creative four were confirmed. That’s a record of knowledge of the precedent and recog- and exhaustive analysis of data—why 17 to 4. This President is being treated nized it as current law. He answered, ‘‘I did we have a problem—Marilyn ap- exceptionally fairly. will follow controlling precedent wher- proached the challenge and figured out The President has recently submitted ever it exists.’’ why we had the problem. She figured a few new nominations. I know I have That is a clever answer, but of out the myths and the facts and sepa- been reminding him that we can’t do course, it doesn’t answer the question. rated the myths and put them aside. anything about vacancies without him So in my written questions, I asked She devised a very targeted strategy first sending up nominees. But again, again if the Adams case was control- for dealing with the particular reasons even with the recent nominations 61 of ling precedent. He responded that he we had a problem and, lo and behold, 85 nominations still have no nominee. was reluctant to answer because a within a very few years, this intrac- That’s nearly three out of four vacan- similar case could come before him. table challenge we had in Virginia of cies, and for judicial emergencies, only This struck me as odd for two rea- an unacceptably high infant mortality 8 of 35 vacancies have a nominee. So I sons. First, if confirmed, he would like- rate began to dramatically change, and just wanted to set the record straight ly recuse himself from any case where the changes continue because the before we vote on this nominee. he crafted a part of the Justice Depart- changes Marilyn put into the system Again, I will be voting ‘‘no’’ on Mr. ment’s policy or stance. And second, I are what no one would ever want to Orrick’s nomination. I was troubled by wasn’t asking for his personal views on undo. his intervention in Utah, Arizona, the Adams case. I was trying to assess Marilyn’s experience, her focus on South Carolina, and Alabama. In those his legal ability. I want to know patients from her background as a States he led the effort to strike down whether he will recognize that a par- nurse, her spectacular success at smart the statutes in those States addressing ticular case is controlling—even if he, cost cutting but then especially her the Federal Government’s failure to or the administration for that matter, proven capacity to be creative and in- enforce immigration laws. We are in may not agree with it. That is what novative in reaching results merit our the middle of marking up a comprehen- serving as a district court judge is all support for her. I am excited we will be sive immigration bill. It is clear that about: Applying controlling case law, casting this vote today. I think the enforcement is a problem. whether or not you agree with the fact the United States will have a con- I, and some of my colleagues, would holding. firmed CMS Administrator who can like to strengthen enforcement, but So I sent him a second set of ques- then take that confirmation and plow Mr. Orrick was out there leading the tions for the record, and asked him forward on important initiatives will effort to maintain the weak status quo. again if Adams was controlling prece- be for the good of this country. I don’t know why that should lead to a dent. He still would not answer. The I yield the floor, and I suggest the ab- lifetime appointment on the Federal second time, Mr. Orrick agreed that he sence of a quorum. bench. The PRESIDING OFFICER. The should recuse himself from such cases, I was also disappointed by Mr. clerk will call the roll. but then reserved the right not to The legislative clerk proceeded to Orrick’s responses to many of my ques- recuse himself. And, I still don’t have call the roll. tions at his hearing and in follow-up an answer to my original question Mr. KAINE. Mr. President, I ask questions for the record. At his hear- raised in the hearing: Does Mr. Orrick unanimous consent that the order for ing, I asked him a number of questions recognize Adams as controlling prece- the quorum call be rescinded. that he said he could not answer at the dent in the Ninth Circuit? The PRESIDING OFFICER. Without hearing, but that he would familiarize Unfortunately, based on this and objection, it is so ordered. himself with the issues. I offered to other aspects of Mr. Orrick’s record Mr. KAINE. Mr. President, I ask submit those questions in writing to that I find troubling, I cannot support unanimous consent that the time dur- provide Mr. Orrick the opportunity to his nomination. ing all quorums before the votes be answer them—a courtesy this Com- Following graduation from Boston charged equally to both sides. mittee commonly extends to nominees College Law School in 1979, Mr. Orrick The PRESIDING OFFICER. Without in these circumstances. began practicing law in Savannah, GA, objection, it is so ordered. After granting Mr. Orrick this cour- at Georgia Legal Services, a general Mr. KAINE. I suggest the absence of tesy, I was disappointed that he still legal practice representing low-income a quorum. failed to answer many of my questions. individuals in litigation. In 1984, Mr.

VerDate Mar 15 2010 02:36 May 16, 2013 Jkt 029060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.066 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3512 CONGRESSIONAL RECORD — SENATE May 15, 2013 Orrick moved to California to join the that is putting it mildly. He was con- Justice join this false claims case. The law firm of Coblentz, Patch, Duffy, & firmed to his current post as Civil career lawyers, even in the civil divi- Bass, LLP. His practice with the firm Rights Division Assistant Attorney sion at main Justice, were recom- initially focused on complex commer- General by a vote of 72 to 22. I was mending that Justice join the case. cial litigation. After making partner in among those who supported his nomi- The career lawyers in the Department 1998, his practice broadened to include nation to lead the Civil Rights Divi- of Housing and Urban Development employment litigation. His clientele sion, but unfortunately, based on rea- were also recommending the Depart- included both individuals and corpora- sons I will outline, I have come to re- ment of Justice join in this false tions. gret that vote. claims case. Why is that important? During this same period, Mr. Orrick There are a number of issues regard- Because the government participating also served the Episcopal Bishop of ing Mr. Perez’s record that should give in a false claims case makes it a much California, essentially acting as out- my colleagues pause. Today I wish to stronger case than when the individual side general counsel. This included ad- focus on the investigation I have been pursues it by themselves. vising the Diocese on interpretation of conducting with my colleague in the What I just described to my col- church canons, the various rights of House Mr. ISSA, chairman of the Over- leagues was all before Mr. Perez got in- congregations leaving the Diocese, and sight and Government Reform Com- volved. At about the same time the Su- clergy’s duties to report child abuse. mittee, as well as Mr. GOODLATTE, preme Court agreed to hear a case He received compensation for these chairman of the House Judiciary Com- called Magner v. Gallagher. In Magner, services. mittee. the City of St. Paul was challenging In June 2009, Mr. Orrick joined the I would like to share with my col- the use of the ‘‘disparate impact’’ the- Department of Justice as a counselor leagues the role Mr. Perez played in ory under the FAIR Housing Act. The to the assistant attorney general for the quid pro quo between the City of disparate impact theory is a mecha- the Civil Division in Washington, DC. St. Paul, MN, and the Department of nism Mr. Perez and the civil rights di- His responsibilities included ‘‘matters Justice here in Washington where the vision have been using in lawsuits related to the Freedom of Information Department agreed not to join two against banks for their lending prac- Act, tobacco litigation, increasing af- False Claims Act cases in exchange for tices. If that theory were undermined firmative consumer litigation brought the City of St. Paul withdrawing its by the Supreme Court, it would likely by the Civil Division, analysis of case from the Supreme Court in a case spell trouble for Mr. Perez’s lawsuits amendments to the False Claims Act, called Magner v. Gallagher. Mr. Perez’s against the banks. litigation reports, national security actions in this case are extremely trou- So Mr. Perez approached the lawyers cases, and efforts to increase access to bling for a number of reasons. In other handling the Magner case and he cut a justice, including expansion of the words, if an individual takes extraor- deal. The Department of Justice agreed not to join two false claims cases in ex- Civil Division’s pro bono efforts.’’ In dinary action to get a city to withdraw change for the City of St. Paul with- September 2009, he started supervising a case that is already on the docket of drawing Magner from the Supreme immigration litigation within the Divi- the Supreme Court, that is pretty seri- Court. In early February 2012, Mr. sion. ous intervention. In June 2010, Mr. Orrick was ap- First and foremost, at this point no Perez even flew to St. Paul to finalize pointed deputy assistant attorney gen- one disputes the fact that Mr. Perez or- the deal. The next week the Depart- ment of Justice declined the first false eral in the Civil Division, Department chestrated the entire arrangement. He claims case, called the Newell case. of Justice. In this role, he oversees the manipulated the Supreme Court docket The next day, the City of St. Paul Office of Immigration Litigation, so that his favored legal theory, called withdrew the Magner case from the Su- which is comprised of over 300 lawyers. the disparate impact theory, would This office handles ‘‘all federal appel- preme Court. evade review by the High Court. In the Now, there are a couple of aspects late litigation arising from petitions process, Mr. Perez left a whistleblower about this deal I wish to emphasize. for review from the immigration courts twisting in the wind. Those are the First, as I mentioned, the evidence and roughly 50% of the civil United facts, and even Mr. Perez doesn’t dis- makes clear Mr. Perez took steps to States District Court immigration pute those facts. cover up the fact that he had bartered matters, primarily class actions, ha- The fact that Mr. Perez struck a deal away the false claims cases. Cover-ups beas and mandamus petitions, and cer- that potentially squandered up to $200 aren’t good in government. On January tain Bivens actions.’’ He also partici- million from taxpayers in order to pre- 10, 2012, Mr. Perez called the line attor- pates on several coordinating task serve the disparate impact theory is, of ney in the U.S. attorney’s office re- forces that oversee immigration and course, extremely troubling in and of garding the declination memo in the national security related issues. itself. In addition to the underlying Newell case. To remind my colleagues, Mr. Orrick reports that throughout quid pro quo, however, the evidence un- Newell was the case the same career his career he has represented private covered in our investigation revealed attorneys were strongly recommending individuals, small businesses, and large that Mr. Perez sought to cover up the the United States join before Mr. Perez corporations in litigation matters be- fact that the exchange even took place. got involved. By the time of this phone fore State and Federal courts. He esti- Finally—and let me emphasize that call in January 2012, Mr. Perez was well mates that approximately 97 percent of this should concern all of my col- on his way toward orchestrating this his practice has been in the area of liti- leagues—when Mr. Perez testified quid pro quo I have described. gation and has tried 16 cases to verdict, under oath about this case both to con- Mr. Perez then called the line attor- judgment, or final decision as either gressional investigators and during his ney, Mr. Greg Brooker, and instructed sole or lead counsel. confirmation hearing, Mr. Perez told a him not to discuss the Magner case in The American Bar Association’s different story. the memo he prepared outlining the Standing Committee on the Federal The simple but unavoidable conclu- reasons for the decision not to join Judiciary gave him a Unanimous ‘‘Well sion is that the story Mr. Perez told is that false claims case. Here is what he Qualified’’ rating. simply not supported by the evidence, said. This is a quote: PEREZ NOMINATION so I will start by reviewing the under- Hey, Greg. This is Tom Perez calling you— Mr. GRASSLEY. Mr. President, at lying quid pro quo. excuse me, calling you at 9 o’clock on Tues- this time I would like to discuss the In the fall of 2011, the Department of day. I got your message. The main thing I President’s nominee for Secretary of Justice was poised to join a False wanted to ask you, I spoke to some folks in Labor, Tom Perez. Claims Act lawsuit against the city of the Civil Division yesterday and wanted to Mr. Perez is not unknown to the Sen- St. Paul. The career lawyers—when I make sure that the declination memo that ate or even to the country as a whole use the words ‘‘career lawyers,’’ I mean you sent to the Civil Division—and I am sure it probably already does this—but it doesn’t now that he has been Assistant Attor- these folks who are not political ap- make any mention of the Magner case. It is ney General for a long time. His tenure pointees. The career lawyers in the just a memo on the merits of the two cases at the Civil Rights Commission has U.S. attorney’s office of Minnesota that are under review in the qui tam con- been marked with controversy, and were recommending the Department of text.

VerDate Mar 15 2010 02:36 May 16, 2013 Jkt 029060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MY6.017 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3513 End of that voicemail. After all, you can’t even rent a car On February 7, a line attorney sent Approximately 1 hour later, Mr. without signing a detailed agreement. an e-mail to the director of the civil Perez sent Mr. Brooker a follow-up e- But was this agreement written? No, it fraud section and related a conversa- mail, writing: wasn’t. tion the assistant U.S. attorney in I left you a detailed voice message. Call me After Mr. Perez finalized the deal, Minnesota had with Mr. Lillehaug. Ac- if you can after you have a chance to review the career attorney asked if there was cording to Mr. Lillehaug, the line at- [the] voice mail. going to be a written agreement. What torney wrote that there were two addi- Several hours later Mr. Perez sent was Mr. Perez’s response? He said: tional items that were part of the another follow-up e-mail, writing: No, just oral discussions; word was your ‘‘deal that is not a deal’’ and one of Were you able to listen to my message? bond. those two items was this: Mr. Perez’s voice mail was quite Once again, the people listening to HUD will provide material to the City in clear and obvious. He told Mr. Brooker: this are saying to themselves: Can you support of their motion to dismiss the original source grounds. Make sure that the declination memo . . . believe that? Here is Mr. Perez. He has doesn’t make any mention of the Magner just orchestrated a deal where the Internal e-mails show that when the case. It is just a memo on the merits of the United States declined to join a case career lawyers learned of this promise, two cases. worth up to $200 million to the Federal they strongly disagreed with it and What could be more clear than that? Treasury in exchange for the City of they conveyed their concerns to Tony In fact, Mr. Perez himself sent an e- St. Paul withdrawing a case from the West, head of the civil division. During mail less than an hour later explaining Supreme Court. And when the career his transcribed interview, Mr. West tes- that he had left a detailed voice mail lawyers asked if this deal will be writ- tified that it would have been inappro- for Mr. Brooker. Yet when congres- ten down, he says, No. Your word was priate to provide this material outside sional investigators asked Mr. Perez your bond. of the normal discovery channels. Mr. why he left a voice mail, he told an en- As everyone knows, the reason we West said: tirely different story. Here is what he make arrangements such as this in I just know that wasn’t going to happen told the investigators: writing is so there is no disagreement and it didn’t happen. What I meant to communicate was, it is down the road about what the parties In other words, this is simple: When time to bring this to closure, and if the only agreed to. As it turns out, there was, in lawyers at the civil division learned of issue that is standing in the way is how you fact, a disagreement about the terms of this offer, they shut down that offer. talk about Magner, then don’t talk about it. this unwritten deal. The lawyer for the So, the documentary evidence shows Well, I hope my colleagues are listen- City of St. Paul, Mr. Lillehaug, told the events transpired exactly as Mr. ing and they say to themselves: Give congressional investigators on January Lillehaug said they did. Mr. Perez of- me a break. This is plainly not what he 9, approximately 1 month before the fered to provide the other side with in- said in his voice mail. Mr. Perez, I was deal was finalized, Mr. Perez assured formation that would help them defeat born at night, but I wasn’t born last him that ‘‘HUD would be helpful’’ if the whistleblower, Mr. Newell, in his night. He didn’t say anything about the Newell case proceeded after the De- case, and that case was on behalf of the being concerned with the delay. He partment of Justice declined to inter- United States and the taxpayers, and said: vene. Mr. Lillehaug also told investiga- possibly $200 million. Well, I imagine Make sure you don’t mention Magner. It is tors that on February 4, the day after this is simply stunning, the lack of just a memo on the merits. they finalized the deal, Mr. Perez told common sense exhibited, when the His intent was crystal clear. him HUD had begun assembling infor- American taxpayers hear about this. Mr. Perez represents the United Mr. Perez also testified Mr. Brooker mation to assist the city in a motion States. Any lawyer would tell you it is called him back the next day and re- to dismiss the Newell complaint on highly inappropriate to offer to help fused to omit the discussion of the ‘‘original source’’ grounds. But, accord- the other side defeat their own client. Magner case that was being withdrawn ing to Mr. Lillehaug, this assistance disappeared after the lawyers in the This brings me to my final couple from the Supreme Court. According to points I want to highlight for my col- Mr. Perez, he told Mr. Brooker during civil division learned about it. Let me tell my colleagues the signifi- leagues. this call to ‘‘follow the normal proc- Even though the Department traded cance of that. Mr. Perez represents the ess.’’ away Mr. Newell’s case, Mr. Perez has United States. Mr. Newell is bringing a But, again, this story is not sup- defended his decision, in part, by case on behalf of the United States. Mr. ported by the evidence. claiming that Mr. Newell still had his Perez is talking to lawyers on the One month later, after Mr. Perez flew ‘‘day in court.’’ What Mr. Perez omits other side and he tells them, after the to Minneapolis to personally seal the from his story is that Mr. Newell’s case United States declines to join the case deal with the city, a line attorney in was dismissed precisely because the we will give you information to help the civil division e-mailed his superior United States was no longer a party to you defeat Mr. Newell, who is bringing to outline ‘‘additional facts’’ about the it. deal. the case on behalf of the United States. After the United States declined to Point 6 read: Mr. Newell, the whistleblower, was left join the case, the judge dismissed Mr. USA-MN— hanging out to dry by Mr. Perez. In ef- Newell’s case based upon the legal lan- U.S. Attorney Minnesota. That is ab- fect, Mr. Perez is offering, in that guage ‘‘public disclosure bar,’’ finding breviated here. statement, to give the other side infor- he was not, again, the ‘‘original mation to help defeat his own client. U.S. Attorney Minnesota considers it non- source’’ of the information to the gov- negotiable that its office will include a dis- I recognize this is a significant alle- ernment. I want to remind my col- cussion of the Supreme Court case and the gation, and Mr. Perez was asked about leagues that we recently amended the policy issues in its declination memo. it under oath. His response? Mr. Perez False Claims Act precisely to prevent If Mr. Perez’s story were true and the said: an outcome like this. Specifically, that issue was resolved on January 11, then No, I don’t recall ever suggesting that. amendment made clear that the Jus- why, 1 month later, would the U.S. at- So on the one hand is Mr. Lillehaug, tice Department can contest the torney’s office need to emphatically who says Mr. Perez made this offer ‘‘original source’’ dismissal even if it state it would not hide the fact that first in January and then again on Feb- fails to intervene, as it did in this case. the exchange took place? Thank God ruary 4, but the assistance disappeared So the Department did not merely for honest line attorneys, career attor- after the lawyers in the civil division decline to intervene, which is bad neys. caught wind of it. enough, but, in fact, it affirmatively As I mentioned, Mr. Perez flew to On the other hand is Mr. Perez, who chose to leave Mr. Newell all alone in Minneapolis to finalize the deal on testified under oath: I don’t recall ever this case that Mr. Newell filed for the February 3, and one would think a deal having made that offer. Who should we benefit of the United States. Of course, of this magnitude would be memorial- believe? Well, the documents support that is the whole point. That is why it ized in a detailed written agreement. Mr. Lillehaug’s version of events. was so important for the City of St.

VerDate Mar 15 2010 03:19 May 16, 2013 Jkt 029060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.071 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3514 CONGRESSIONAL RECORD — SENATE May 15, 2013 Paul to make sure the United States Mike—Odd—Looks like buying off St. Perez was called upon to offer his testi- did not join the case. That is why the Paul. Should be whether there are legit rea- mony under oath, he chose to tell an city was willing to trade away a strong sons to decline as to past practice. entirely different story. The unavoid- case before the Supreme Court. The The next day that same official e- able conclusion is that the story he city knew that if the United States mailed the Associate Attorney General told is flatly not supported by the joined the action, the case would al- here in town and said: facts. most certainly go forward. Conversely, Mike Hertz brought up the St. Paul ‘‘dis- We have to demand more. We have to the city knew that if the United States parate impact’’ case in which the SG [Solic- demand that when individuals are did not join the case and chose not to itor General] just filed an amicus brief in the called upon to answer questions before contest the original source, it would Supreme Court. He’s concerned about the the Senate, that they shoot straight re- recommendation that we decline to inter- likely get dismissed. vene in two qui tam cases against St. Paul. gardless of the consequences. Think about that—$200 million pos- I do not believe Mr. Perez gave us the So you have these documents appear- sibly down the drain. The Department straight story when he was called upon ing to show that Mr. Hertz’s primary trades away a case worth millions of to answer questions about this case, concern was not the strength of the taxpayer dollars. They did it precisely and for that reason, I recommend, first case, as Mr. Perez led Senate col- because of the impact the decision of all, that my colleagues study these leagues to believe; Mr. Hertz was con- would have on the litigation. They issues. There is a lot in this that needs cerned that the quid pro quo Mr. Perez knew that as a result of their decision, to be brought out about this nomina- ultimately arranged was, in fact, im- the whistleblower would get dismissed tion before we vote on it. This evidence proper. And, again, in his words, it based upon ‘‘original source’’ grounds, I give is just part of the story. ‘‘looks like buying off St. Paul.’’ since they did not contest it. And not I yield the floor. Just last week the Justice Depart- The PRESIDING OFFICER (Mr. only that, Mr. Perez went so far as to ment sent my staff a critical 33-page offer to provide documents to the other COONS). The Senator from Utah. slide show about the Department’s case Mr. HATCH. Mr. President, I rise side that would help them defeat Mr. against St. Paul. In that document, the Newell in his case on behalf of Mr. today to speak in support of the nomi- career lawyers made their strong case nation of Marilyn Tavenner to serve as Perez’s client. Again, that client was for intervention, for the Justice De- the United States. Yet, when the Con- Administrator of the Centers for Medi- partment to intervene with Newell to care and Medicaid Services or CMS, gress starts asking questions, they bring this case about. The Department have the guts to say: We didn’t do anyone of the largest agencies ever in the failed to provide this critical document history of the country. For a number of thing improper because Mr. Newell to the committees, and we only learned still had his day in court. Well, the reasons, CMS has been without a con- about this document not from the De- firmed Administrator since the fall of problem with that is that they cut the partment of Justice but from a recent limbs out from under him. 2006. interview we had with a HUD em- CMS is the world’s largest health in- This brings me to my last point, and ployee. Why do I say this is a critical that has to do with the strength of the surer. It processes over a billion Medi- document? Because this document care and Medicaid claims a year. It has case. Throughout our investigation, makes abundantly clear that career the Department has tried to defend Mr. a budget of nearly $1 trillion. It also lawyers did not view this case as ‘‘mar- provides services to over 100 million of Perez’s actions by claiming the case ginal,’’ where Mr. Perez wants you to was ‘‘marginal’’ or ‘‘weak.’’ Once our Nation’s most vulnerable citizens believe that other people in the Depart- receiving Medicare and Medicaid. So again, the documents tell a far dif- ment, experts on false claims, thought ferent story. clearly this is a critical agency that it was a ‘‘marginal’’ or ‘‘weak’’ case. needs a strong leader at the helm. Before Mr. Perez got involved, the ca- And obviously he did not view it as a Thus far, from what I have seen, Ms. reer lawyers—again, not political ap- weak case, as Mr. Perez testified before Tavenner has the qualifications to be pointees but career lawyers—at the De- the HELP Committee—far from it. that kind of a leader I believe her to partment wrote a memo recommending Here is how the career lawyers be. She has clinical experience from intervention in the case. In that memo, summed up the case in one of the final being a nurse, executive experience they describe St. Paul’s actions as ‘‘a slides of this document. These are from serving as a hospital adminis- particularly egregious example of false quotes: trator, and hands-on operational expe- certifications.’’ In fact, the career law- The City Repeatedly and Knowingly Mis- rience from her time as the secretary yers in Minnesota felt so strongly represented its Compliance with Section 3 to of health and human resources for the about the case that they took the un- Obtain Federal Funds. State of Virginia. That rare combina- usual step of flying here to Wash- Tentative conclusions: tion of skills will be essential when ington, DC, to meet with HUD officials. The City has long been aware of its obliga- heading an agency as diverse as CMS. HUD, of course, agreed that the United tions under section 3; The City repeatedly told HUD and others There is a reason she was voted out of States should intervene, but that was that it was in Compliance with Section 3; the Senate Finance Committee on a before Mr. Perez got involved in the The City has failed to substantially com- voice vote and had the House majority case. ply with Section 3. leader come testify on her behalf. The documents make clear that ca- Does that sound like career lawyers Starting in 2010, she was appointed as reer lawyers considered this a strong describing a ‘‘marginal’’ or a ‘‘weak’’ the Deputy Administrator of CMS. case, but the Department has claimed case? Of course not. Yet that is what Since November of 2011, she has served that Mike Hertz, the Department’s ex- Mr. Perez told my colleagues on the as the Acting Administrator. So far, pert on the False Claims Act, consid- HELP Committee. My colleagues are she has shown a willingness to work ered it a weak case. In fact, 2 weeks well aware of how I feel about the with Members of both parties, which is ago Mr. Perez testified before my col- Whistleblower Protection Act, and my a welcome development, particularly leagues in the Senate HELP Com- colleagues know how I feel about pro- under this administration. mittee that Mr. Hertz ‘‘had a very im- tecting whistleblowers who have the At a time when the Secretary of the mediate and visceral reaction that it courage to step forward, often at great Department of Health and Human was a weak case.’’ But what do the doc- risk to their own careers. But this is Services is engaging in activities that uments show? They tell a different about much more than the whistle- are less than transparent and poten- story. Mr. Hertz knew about the case in blower who was left dangling by Mr. tially illegal, it is even more important November 2011. Two months later a De- Perez. This is about the fact that Mr. that an agency as vital as CMS be partment official took notes of a meet- Perez manipulated the rule of law in headed by someone with strong ethics ing where the quid pro quo was dis- order to get a case removed from the and integrity. cussed. That official wrote down Mr. Supreme Court docket. But most im- Make no mistake, this agency’s Hertz’s reaction. This official wrote: portantly, this is about the fact that greatest challenges lie ahead. One of Mike— when Congress started asking ques- the biggest problems facing CMS in the Referring to Mr. Hertz— tions about this case and when Mr. near future is implementation of the

VerDate Mar 15 2010 02:36 May 16, 2013 Jkt 029060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.073 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3515 Federal- and State-based health insur- Overseeing a massive bureaucracy cumstance, considering some of the ance exchanges established under such as the one at CMS is not a job for nominees we are considering. She came ObamaCare. These exchanges are sup- the faint of heart. I will be keeping a actually with a unanimous voice vote posed to be brought online later this close eye on Ms. Tavenner as she takes from the Senate Finance Committee. year, but there are numerous obstacles the reins. If she is to be successful, she She is supported by a number of health that will have to be addressed. By most will have to realize she cannot do it care organizations, including the indications, it would take a miracle for alone. She will have to work with American Hospital Association, the the exchanges to be up and ready on Members of Congress from both par- SEIU, the American Nurses Associa- time. ties. I hope she will do so. I believe she tion, just to name a few. To date CMS has not been able to will. Thus far I have reason to believe As I mentioned already, I have provide satisfactory answers to a num- she will be one of the best leaders we known Marilyn Tavenner for 25 years. ber of questions posed by myself and can possibly have in the government. She is the real deal. She will be a phe- other Members of Congress regarding However, if it is under her leadership nomenal choice to continue to lead the exchanges. For example, we have that CMS continues what has become a CMS. Marilyn grew up in a small town yet to see a breakdown of the budget disappointing pattern in this adminis- in southside Virginia and worked her for the federally facilitated exchange. tration—not responding to legitimate way through school. She began her Furthermore, we still know very little congressional inquiries and throwing health care career not as a hospital ad- about the operational details of the ex- promises of transparency by the way- ministrator or an executive, but she changes and even less about how people side—I will use the full weight of my began on the front lines as an emer- will enroll. These are serious issues. position as the ranking member on the gency room nurse. With this system, you are asking Senate Finance Committee to hold her Then through her ability, and her American families to entrust the fate and others fully accountable. I do not ability to relate to people and care, she of their health care services to the think I am going to have to do that. I rose to become CEO of a hospital and empty words and deeds of an adminis- actually think she is that good. then a senior executive of a leading tration that has repeatedly shown a I appreciate Ms. Tavenner’s willing- health care company. I know as Gov- complete inability to be held account- ness to serve in this difficult position. ernor I called upon Marilyn on a re- able. While I still have many concerns about peated basis on health care issues that More importantly, with the recent the policies of this administration and affected Virginia. Marilyn has always revelations of potentially criminal be- the direction CMS is heading, I plan to been committed to people and public havior at the Internal Revenue Service, vote in favor of her confirmation be- service. She took that private sector I am very concerned about trusting cause she has the ability and the po- knowledge and experience into the pub- that agency’s ability to work with tential to be a real leader and already lic sector even before her tenure with CMS and HHS to deliver benefits for this administration when she joined Americans through the exchanges. has exemplified that in many ways. I my good friend, the junior Senator Almost every day we see new indica- encourage my colleagues to vote for IM KAINE when he be- tions that the health law is an unmiti- her. I think Marilyn Tavenner is the from Virginia T gated disaster. We are already seeing right prescription at the right time to came Governor and served with his ad- evidence that health insurance pre- help with HHS and also with CMS ministration as the Virginia Secretary mium costs are continuing to rise and which, as I said, is one of the largest of Health. Today, Marilyn has already served at are projected to be, on average, 32 per- agencies ever in the history of the the highest levels of CMS, where she cent higher in the individual market. world. She is a good woman. She is has shown her ability to manage and At the same time, according to num- dedicated. She has the ability. I believe operate one of the largest and most bers released yesterday by the Congres- she will do a great job. complex agencies in our whole govern- sional Budget Office, by 2019 almost 14 I yield the floor. million Americans who would have had The PRESIDING OFFICER (Mr. ment. By spending most of her career employer-provided coverage will no BROWN). The Senator from Virginia is in the private sector, she knows the longer have it. recognized. impact that regulations and rules have Let me be very clear. ObamaCare is Mr. WARNER. Mr. President, I want on the real world and understands the fundamentally flawed. The only real to, first of all, commend the Senator importance of not just achieving a pol- way to fix it is to repeal it and then from Utah for his comments. We all icy goal but ensuring that it works in start again. But until we can accom- know the Senator from Utah, like my- practice. plish that goal, we need to make sure self, has a real interest in making sure As we all know, passing a law like we are protecting our fellow citizens our government is more efficient and the ACA is a complicated process, par- the best we can from all the negative more effective in its operations, and ticularly a law like this that has gen- effects of this law. know, as well, that the Senator from erated as much controversy. That In addition to overseeing this mas- Utah has not always been necessarily means the role of the Administrator of sive new expansion of benefits, Ms. supportive of health care reform, the CMS to be evenhanded, fact-based, ef- Tavenner will also be charged with Affordable Care Act. But I appreciate fective, and efficient in implementing helping to ensure the longevity and the comments of the Senator from the dramatic transformation of the solvency of the existing Medicare trust Utah about Marilyn Tavenner. health care market that the ACA is fund, which is projected to go bankrupt I have known Marilyn Tavenner for going to provide will require a first in 2024. All told, between now and 2030, 25 years. I think while we may disagree class Administrator, somebody who un- 76 million baby boomers will become about the effectiveness of the Afford- derstands how to get things done and eligible for Medicare. Even factoring in able Care Act, we do know one thing: somebody who is well-respected by deaths over that period, the program We want CMS to be the most efficient, both sides of the aisle. Marilyn will grow from approximately 47 mil- effective organization possible. I com- Tavenner clearly fits that bill. lion beneficiaries today to roughly 80 mend the Senator from Utah for his She is held in extraordinarily high million beneficiaries in 2030. strong endorsement of Marilyn esteem. We, again, heard the ranking Maintaining the solvency of the Tavenner. I think he spoke eloquently member on the Finance Committee al- Medicare Program while continuing to about her background. I am going to ready speak in her support. She re- provide care for our ever-increasing try to add a few comments, but I did ceived unanimous support from the Fi- beneficiary base is going to require not want to let him get away without nance Committee, but she is also held courageous solutions. I have had sev- my thanking him for his comments. in extraordinarily high esteem by her eral conversations with Ms. Tavenner I rise today to join this bipartisan peers. In fact, in February all of the about the need for structural entitle- show of support for the President’s previous living Senate-confirmed Ad- ment reforms to ensure that these pro- nominee to lead the Centers for Medi- ministrators of the CMS—Democrats, grams are here for future generations. care and Medicaid Services, Marilyn Republicans, Independents, all of them I sincerely hope we will continue to Tavenner. She comes to the floor this who have run the agency in the past— make progress on these critical issues. afternoon on a fairly unusual cir- sent a letter urging her confirmation,

VerDate Mar 15 2010 03:19 May 16, 2013 Jkt 029060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.074 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3516 CONGRESSIONAL RECORD — SENATE May 15, 2013 noting that it was ‘‘hard to imagine a or-down votes. Of course, there have ate confirmation. To put this in some candidate more worthy of bipartisan been bumps along the way, but we have perspective, 4 years ago the last con- support.’’ never seen anything like this. Time firmed Administrator of the EPA, Lisa I look forward to voting with what I and again, Members of this body have Jackson, was asked 157 questions dur- hope will be an overwhelming majority resorted to procedural technicalities ing her nomination process. of my colleagues to confirm Marilyn and flatout obstructionism to block When Congress convened in January, for this very important role a little bit qualified nominees. many of us, both veterans and new- later this afternoon. I know I am about At the moment, there are 85 judicial comers, were concerned that this kind to give up my time and yield to the vacancies in the U.S. courts, some of of obstructionism would persist in the great new Senator from Massachusetts. which are classified as ‘‘judicial emer- new Congress. We pushed hard for I know she is going to be speaking gencies.’’ That is more than double the changes to the filibuster rules. We un- about another nominee, someone with number of judicial vacancies at the derstood passions on both sides of the whom I have had the opportunity to comparable point during President issue, and we listened to our col- visit a couple of times, for a role that George W. Bush’s second term. Yet leagues. Ultimately, the two sides may be almost as controversial as right now there are 10 nominees await- reached a compromise, a compromise being head of CMS, being Adminis- ing a vote in the Senate, and they have that many of us were concerned about, trator of EPA. not gotten one. but it included a clear understanding I want to say that in my conversa- But that is not all. The nomination that the Democrats would not make tions with Gina McCarthy she seems to of the Secretary of Defense was held up substantial changes to the filibuster bring a breadth of background of work for weeks and then filibustered. The and, in return, the Republicans would at the State level, working under both nominee for the Secretary of Labor, not abuse its use. But in the past 3 Democratic and Republican adminis- Tom Perez, has been held up on an ob- months, abuse has been piled on abuse. trations. I know the Senator from Mas- scure technical maneuver. Then, of Republicans have prevented votes on sachusetts is going to speak to her course, there is the determined effort judges, on agency heads, and on admin- qualifications, but as long as I am here to block Richard Cordray to head the istration Secretaries. I want to add my voice as well that I Consumer Financial Protection Bu- This is wrong. Republicans can vote think Ms. McCarthy will be a great reau—not because he is unqualified; in no on any nominee they choose, but head of the EPA, and I look forward to fact, he has received praise from indus- blocking a vote is nothing more than joining my friend and colleague, the try and consumer groups alike. Even obstructionism. Blocking the business Senator from Massachusetts, in sup- the Republicans who blocked him have of government, the business of pro- porting her. praised his fairness and his tecting people from cheating credit I yield the floor. evenhandedness. No, Rich Cordray is card companies, from mercury in the The PRESIDING OFFICER. The Sen- blocked because some Members of this water or from unfair labor practices ator from Massachusetts. body do not like the agency he heads. must stop. The President has done his job. Gina GINA MCCARTHY NOMINATION They know they do not have the votes McCarthy has done her job. Now it is Ms. WARREN. Mr. President, I want to get rid of it or to weaken it, so in- time for the Senate to do its job. Gina to start by thanking the senior Sen- stead they are holding the Director’s McCarthy deserves a vote. ator from Virginia both for advancing nomination hostage. I yield the floor. a nomination that we will vote on this Now we get to Gina McCarthy. This The PRESIDING OFFICER. The sen- afternoon and for his comments about past Thursday, the Senate Environ- ior Senator from New Hampshire is Gina McCarthy. She is, as the Senator ment and Public Works Committee was recognized. says, a quite remarkable person, and scheduled to vote on Gina McCarthy’s Mrs. SHAHEEN. I am here to join my she will be a wonderful director of the nomination to head the Environmental colleague Senator WARREN to also ex- Environmental Protection Agency. I Protection Agency. Right before the press my frustration about what is hap- very much appreciate the Senator’s scheduled vote, all the Republicans de- pening with the nominees to these crit- comments about her, and I know Ms. cided not to show up. Under Senate ical agencies that are being held up by McCarthy does as well, and the people rules, that meant there was no quorum our colleagues on the other side of the of Massachusetts do as well. and thus the vote could not take place. aisle. As Senator WARREN said very I rise today to do something very The President has done his job. He eloquently, last week the Republican simple. I ask my colleagues to give a named an outstanding nominee for the members of the Senate Environment simple vote to the President’s nominee Administrator of the Environmental and Public Works Committee chose not to head the Environmental Protection Protection Agency, Gina McCarthy. to appear for the important business of Agency. This is not fancy or ambitious, Gina has dedicated her professional life considering the nomination of Gina it is just a basic principle of good gov- to the protection of our public health McCarthy. They made this decision ernment in our constitutional system. and to the stewardship of our environ- with only a few minutes’ notice. As a When the Founders of our Republic ment. She was confirmed to her pre- result, this action prevented an already came together to write the Constitu- vious position at the EPA as Assistant overdue vote from taking place as tion, they knew the President would Administrator for Air and Radiation by scheduled. need help in administering this great voice vote without objection. The refusal to allow a vote on such and expansive Nation. Without help, Just to be clear, this means most of fundamental business is unacceptable. without a government that was staffed, the Members of this Chamber have al- The EPA conducts vital work to safe- justice would not be established, our ready voted to approve her once before. guard public health and protect our en- common defense would be threatened, Gina also has a long record of work- vironment. Yet the agency has been and the blessings of liberty we hoped to ing effectively across party lines. She without permanent leadership for secure through our laws would go served under Republican and Demo- months. It is the Senate’s duty to act unfulfilled. cratic Governors alike, including work- in a timely manner on these kinds of The Founders of our Republic gave to ing for Gov. Mitt Romney, the most re- vacancies, and it is clear from Ms. the President the task of nominating cent Republican Presidential nominee. McCarthy’s impressive and expansive individuals to serve and gave us the re- Her record in Massachusetts was stel- record that this nominee has earned sponsibility to advise on and consent lar, and she has done all of us in the and deserves a vote. to these appointments. For more than Commonwealth proud through her I understand and I respect those Sen- 200 years this process has worked. service in Washington. ators who feel they have to vote Presidents over the years have nomi- Gina herself has also done her job against a nominee for substantive rea- nated thousands of qualified men and and more. She has answered a stag- sons. However, this failure to even ap- women who were willing to serve in gering 1,120 questions from the Envi- pear at last Thursday’s meeting and key executive branch positions. ronment and Public Works Committee. take a vote shows an alarming level of The Senate has considered nomina- That is the largest number of questions disregard for the importance of perma- tions in a timely fashion and taken up- ever asked of a nominee facing a Sen- nent leadership at the EPA and for the

VerDate Mar 15 2010 02:36 May 16, 2013 Jkt 029060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.076 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3517 Senate’s confirmation process. As Sen- and public health challenges we face. Mr. BAUCUS. Mr. President, what is ator WARREN said, committee Repub- They are evidence of her ability to the parliamentary procedure? licans have already asked Ms. McCar- work with people on both sides of the The PRESIDING OFFICER. The Sen- thy to answer over 1,100 questions for aisle to address the problems faced as ate is considering the Tavenner nomi- the record, more than three times what we look at agencies such as the EPA. nation en bloc and at 4:30 p.m. unani- any previous nominee for this position Ms. McCarthy was confirmed by the mous consent to move to a vote. has faced. She has provided 234 pages of Senate to her current EPA post with The Senator from Montana. answers, and it is past time that the overwhelming bipartisan support in Mr. BAUCUS. Mr. President, I would committee held a vote. We need to 2009. That makes the boycott last week like to speak on another matter, as move forward on filling the position of even more shocking. In her current well as on the Marilyn Tavenner mat- EPA Administrator so the agency can role as the Assistant Administrator for ter. Frankly, my remarks will take resume addressing today’s public the Office of Air and Radiation, Ms. more than 4 minutes, so to what degree health challenges in the most effective McCarthy has worked with environ- we can get the Senate to postpone manner. mental advocates and industry leaders votes, we will be working on that as I Simply put, the type of obstruc- to reduce harmful emissions that am speaking. tionism we saw last week has no place threaten clean air. These efforts are THE INTERNAL REVENUE SERVICE in this Senate, no place in our govern- particularly significant for downwind Mr. President, over the last 5 days, ment, particularly for a position as regions such as in New England, where information that I can describe only as critical as this one. In addition to its we serve as the tailpipe to the rest of very troubling has emerged about a work to reduce harmful pollution at the Nation and suffer the effects of pol- systematic practice by the IRS to tar- the national level, the EPA plays a lution from coal-fired powerplants in get conservative groups seeking tax-ex- vital role in safeguarding public health the middle part of the country. I am empt status. in our local communities. sure the Chair understands this issue. According to a report released last For example, in my State of New In recognition of her successful ten- night by the Inspector General for Tax Hampshire, testing in 2009 revealed ele- ure, Ms. McCarthy has received wide- Administration, the IRS developed and vated levels of contaminants in the spread praise from a diverse group of used inappropriate criteria to identify wells of homeowners living in the town industry leaders who recognize her applications from organizations apply- of Raymond because of their proximity ability to find common ground and ing for tax-exempt status based ‘‘upon to a Superfund site. Following this dis- compromise. their names or policy positions instead covery, we worked with the EPA, with Coming from New Hampshire, which of indications of potential political the State Department of Environ- is the second most forested State in campaign intervention.’’ mental Services, and with the town of the Nation, I know New Hampshire’s In addition, the 48-page report finds Raymond to find a solution that would forest products industry will benefit that ineffective management of the address the health concerns because from an EPA Administrator with a IRS allowed for this inappropriate the families didn’t have safe drinking strong reputation for constructive dia- practice to stay in place for more than water. With the EPA’s support, the log. Following Ms. McCarthy’s nomina- 18 months, resulted in substantial town has extended its water lines to tion, Donna Harman of the American delays in processing certain applica- ensure that these homeowners and Forest and Paper Association described tions, and allowed unnecessary infor- their families can be provided access to her by saying: ‘‘She’s very data- and mation requests to be issued. safe clean drinking water. fact-driven, and that’s been helpful for While the inspector general report I had the opportunity to view the us as well as the entire business com- does not say the IRS was intentionally progress of this construction project in munity.’’ partisan, it did find that the agency’s person last year. I applaud the EPA for Leaders in an array of other sectors narrow focus of the criteria gives the working with communities on vital have voiced similar appreciation for appearance that the IRS was not im- local priorities such as this. the way in which Ms. McCarthy values partial in conducting its mission. Communities across our country face finding common ground. Heaven knows These actions by the IRS, if true, are public health challenges, and the EPA we can use some common ground here. a clear breach of the public’s trust. plays an important role in addressing Robert Engel of the American Auto- Targeting groups based on their polit- these challenges. Even now we are motive Policy Council praised the care ical views is not only inappropriate, working in New Hampshire in a similar she takes in listening to stakeholders, but it is intolerable, unacceptable, and situation where wells have been con- saying: cannot be allowed. taminated in the town of Atkinson. We look forward to continuing to work I intend to get to the bottom of what We can’t continue to delay the Sen- with Gina McCarthy. She has demonstrated happened. The inspector general’s re- a willingness to consider the views of those ate’s responsibilities to provide agen- affected by the agency she has been nomi- port is just the beginning. There are cies such as the EPA with the leader- nated to lead, and to find practical solutions still many unanswered questions. The ship they need to operate. With 30 to issues facing the automobile industry. Senate Finance Committee, which has years of public service in a variety of These words describe a public servant congressional oversight over the IRS, roles, Ms. McCarthy has both the expe- who understands the importance of lis- has just begun what will be a thorough rience and the expertise to do the crit- tening, understanding, and bringing investigation. ical job of leading the EPA. Her expan- stakeholders together. Some are now using this issue to try sive and lengthy career is rooted in I am confident Gina McCarthy will be to score political points. Some of my working at the forefront of pressing en- an excellent leader of the EPA. She de- friends across the aisle are claiming vironmental issues for leading New serves fair consideration. She deserves the IRS was just doing what Democrats England Governors of both political a timely vote. wanted in examining these conserv- parties. I am pleased we received news that ative groups. Most recently, Gina McCarthy served there will be a rescheduled vote later Let me clear up this misperception. I, in Connecticut’s Department of Envi- this week. I urge my colleagues across for one, have never advocated targeting ronmental Protection under former Re- the aisle to move forward in good faith conservative groups. This is important, publican Gov. Jodi Rell. Before that, and give fair consideration to this let me be clear. What I have called for Ms. McCarthy served five different nominee. The EPA must have a perma- in the past, especially in 2010, and con- Massachusetts Governors, including nent Administrator who is an advocate tinue to call for today is closer exam- Michael Dukakis and Mitt Romney— for protecting public health and pro- ination of any and all groups already the Republican Party’s own nominee viding valuable support to our Nation’s granted or applying for tax-exempt sta- for President in last year’s election. communities. tus—let me say that again, any and all These diverse work experiences on a I yield the floor. groups. broad range of environmental issues The PRESIDING OFFICER. The sen- Since the Citizens United case de- have provided Ms. McCarthy with the ior Senator from Montana is recog- cided by the Supreme Court, there has first-hand knowledge of environmental nized. been a dramatic increase in political

VerDate Mar 15 2010 02:36 May 16, 2013 Jkt 029060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.077 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3518 CONGRESSIONAL RECORD — SENATE May 15, 2013 organizations masquerading as social some may know, the Senate Finance many of us because of her dem- welfare groups. We need to make sure Committee has been working on com- onstrated abilities. these groups are complying with IRS prehensive tax reform for the last 2 She started as a nurse, quickly rose political activity rules. years. We have held more than 30 hear- through the ranks to become a hospital Any group claiming tax-exempt sta- ings and heard from hundreds of ex- administrator, served 4 years as Vir- tus under section 501(c)(4) of the Inter- perts on how tax reform can simplify ginia’s Secretary of Health and Human nal Revenue Code needs to prove it is the system for families, spark eco- Resources before joining CMS in 2010, following the letter of the law. nomic growth, create jobs, and make and she has served as acting adminis- As the New York Times noted yester- U.S. businesses more competitive. trator for the last year and a half. I am day, ‘‘No one has an automatic right to Last Thursday I teamed with House confident we will get a strong vote for this tax exemption. Those seeking one Ways and Means Committee Chairman this nomination because Marilyn should expect close scrutiny from the DAVE CAMP to launch a Web site to get Tavenner has a reputation for being a government to ensure it is not evading even more input directly from the pragmatist and a person who doesn’t taxes.’’ American people. We launched give up. While I expect the scrutiny of the taxreform.gov to give folks in Mon- One story I wish to share—and this is IRS to be thorough, I also expect it to tana, in Michigan, and all across Amer- important—is of Marilyn working the be administered equally across the ica an opportunity to weigh in on tax night shift in the intensive care unit at board, on conservative or liberal orga- reform. Since the launch of the site Johnston-Willis Hospital in Richmond, nizations and any in between. less than a week ago, we have received VA, as a nurse. At 2 a.m. a rescue Americans expect the IRS to do its thousands of ideas directly from the squad brought in a young woman to the job without passion or prejudice. The American people on how to improve emergency room. She had been in a ter- IRS can’t pick one group for closer ex- the Code. rible car accident and crashed through amination and give the other a free I want to thank all those who have the windshield of her old Volkswagen pass. But that is apparently what they shared their ideas and opinions, and I bug. Badly injured and having suffered did here. That was the agency’s big encourage more people to log on to massive blood loss, she was pronounced mistake, and now they have to answer taxreform.gov to let us know what dead. But Ms. Tavenner and the doc- for it. they think of the Nation’s tax system tors went to work to revive her. The The Senate Finance Committee has and what it should look like. surgeon on call told reporters: launched a formal bipartisan investiga- NOMINATION OF MARILYN TAVENNER We came up with a game plan, and it was tion. A team of investigators from my Mr. President, if I might, one other right on target. We used about 60 units of staff and the staff of Senator HATCH issue I want to address is the nomina- blood. Marilyn was very supportive in every- has begun compiling questions and tion of Marilyn Tavenner. thing . . . The patient ultimately walked out seeking additional documents from the Marilyn Tavenner has been nomi- of the hospital. IRS. There seems to be some inconsist- nated to be Administrator for the Cen- That is Marilyn Tavenner. She encies in the timeline regarding who ters of Medicare and Medicaid Services, doesn’t give up. We need that type of knew what and when, and we will get otherwise known as CMS. As head of leader at CMS, believe me. Her experi- to the bottom of it. CMS, Ms. Tavenner would be in charge ence in health care is real, it is varied, As part of the investigation, I went of administering Medicare, Medicaid, and it will serve us well in this posi- straight to the top and met with Act- and the Children’s Health Insurance tion. ing Commissioner Steve Miller yester- Program, among others. One final note. As someone pointed day. It was a tough talk. I told Mr. Roughly one in three Americans re- out, CMS has operated without a con- MILLER the actions of the IRS were in- lies on health coverage under the juris- firmed administrator for several years, excusable and warned he is in for seri- dictions of CMS—one in three. This in- so I am glad we are moving forward ous questioning from this committee cludes 50 million Medicare patients, 56 with this nomination. We need a con- and from others. I told Mr. MILLER the million Medicaid patients, and more firmed administrator, with all the committee demanded nothing less than than 5.5 million children in the Chil- work she has to do, especially imple- his complete cooperation and total dren’s Health Insurance Program. In menting the Affordable Care Act. That transparency. my home State of Montana, 167,000 sen- was an essential bill that created good The Finance Committee will hold a iors and 8,300 military retirees rely on law. In a few months the health care hearing on Tuesday to examine this Medicare alone. marketplaces will be open for enroll- issue. There needs to be a full account- Marilyn Tavenner is an experienced ment, and tax credits and subsidies will ing of what happened at the IRS and health care professional. She has prov- be available to help families and small who knew what, when, how long did en herself to be a strong leader, and I businesses pay for health care. It is a this practice go on, and what other believe she is the right woman to lead critical time to have someone with Ms. groups were flagged for additional scru- CMS, a view shared by my colleagues Tavenner’s experience confirmed and tiny. on both sides of the aisle. in charge at CMS. She has done a good There is another important question Ms. Tavenner is a proud native Vir- job in the past, and she will do a good that needs to be asked: Is there a fault ginian and her congressional delega- job in the future. in the Tax Code that may have contrib- tion, all of them, warmly introduced I urge my colleagues to support me uted to the IRS taking such unaccept- her—if they were all not there, in spir- in supporting her nomination. able steps? Do we need a better defini- it—at a confirmation hearing before ∑ Mr. CASEY. Mr. President, I support tion of what organizations qualify for the Finance Committee last month. the nomination of Marilyn Tavenner to tax exemption? Do we need to revisit Democratic Senators MARK WARNER be the Administrator of the Centers for the role tax-exempt organizations play and TIM KAINE and Republican House Medicare and Medicaid Services, CMS. in our political system? What part of majority leader ERIC CANTOR all spoke I strongly support her nomination and the Tax Code has to be changed for us on her behalf. Here is what House ma- was sorry to miss today’s vote. I voted to guarantee this overreach never hap- jority leader CANTOR said: for her confirmation in the Finance pens again? And there are many more I don’t think there is any secret that I dif- Committee and would have done so questions. fer with the Obama administration in a lot today as well. This will be an issue we delve into in of matters in health care policy . . . but if It has been over 6 years since CMS tax reform as well. Clearly, something there is anyone that I trust to try to navi- has had a confirmed Administrator, is amiss for the IRS to behave the way gate [these] challenges, it is Marilyn and the agency will benefit from hav- it did. The actions of the IRS are unac- Tavenner. ing someone with Ms. Tavenner’s skills ceptable and people will be held ac- Two weeks ago, the Finance Com- and expertise at the helm. Her experi- countable. mittee approved Ms. Tavenner’s nomi- ence as the Secretary of Health and TAX REFORM nation with a unanimous vote. She has Human Resources in Virginia and with Mr. President, let me take a moment earned this broad support from both the Hospital Corporation of America as to turn briefly to a related topic. As sides of the aisle and the confidence of well as the time she has already served

VerDate Mar 15 2010 02:36 May 16, 2013 Jkt 029060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.078 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3519 as Acting Administrator and Principal The question is, Will the Senate ad- The PRESIDING OFFICER. The Deputy Administrator of CMS have vise and consent to the nomination of clerk will report the motion. prepared her well for the challenges Marilyn B. Tavenner, of Virginia, to be The assistant legislative clerk read and opportunities she will confront in Administrator of the Centers for Medi- as follows: this position. care and Medicaid Services? Motion to proceed to Calendar No. 73, S. I thank her for her willingness to Mr. REID. I ask for the yeas and 954, a bill to reauthorize agricultural pro- serve at this important time, and I nays. grams through 2018. look forward to working with her in The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The Sen- the months and years ahead.∑ sufficient second? ator from Mississippi. The PRESIDING OFFICER. Under There appears to be a sufficient sec- DISTURBING BEHAVIOR the previous order, the question is: Will ond. Mr. WICKER. Mr. President, I rise the Senate advise and consent to the There is a sufficient second. this evening to discuss a disturbing nomination of William H. Orrick, III, The clerk will call the roll. pattern of behavior, a culture of in- of the District of Columbia, to be The assistant legislative clerk called timidation that continues to emerge United States District Judge for the the roll. from the Obama administration. Northern District of California? The PRESIDING OFFICER. Are there For the past few days, headline after Mrs. BOXER. I ask for the yeas and any other Senators in the Chamber de- headline has revealed one new con- nays. siring to vote? troversy after another. In every case The PRESIDING OFFICER. Is there a Mr. DURBIN. I announce that the Americans are right to wonder what sufficient second? Senator from Pennsylvania (Mr. kind of leadership led to this and just There appears to be a sufficient sec- CASEY) and the Senator from New Jer- how far this culture of intimidation ond. sey (Mr. LAUTENBERG) are necessarily goes. Americans need to learn the extent The clerk will call the roll. absent. to which this misconduct has occurred The legislative clerk called the roll. The result was announced—yeas 91, by the heavy hand of the executive Mr. DURBIN. I announce that the nays 7, as follows: Senator from Pennsylvania (Mr. branch of government. [Rollcall Vote No. 126 Ex.] The first indication was on Friday of CASEY) and the Senator from New Jer- YEAS—91 last week, and it involved the Internal sey (Mr. LAUTENBERG) are necessarily Alexander Franken Murphy Revenue Service issuing an apology for absent. Ayotte Gillibrand Murray targeting conservative groups seeking Mr. CORNYN. The following Senator Baldwin Graham Nelson nonprofit status and treating conserv- is necessarily absent: the Senator from Barrasso Grassley Portman Baucus Hagan ative groups more harshly than other Tennessee (Mr. CORKER). Pryor Begich Harkin groups. Further, if present and voting the Reed Bennet Hatch Reid These groups were excessively scruti- Senator from Tennessee (Mr. CORKER) Blumenthal Heinrich Roberts Blunt Heitkamp nized if they used the words ‘‘patriot’’ would have voted ‘‘no.’’ Rockefeller Boozman Heller or ‘‘tea party.’’ As we would later learn Rubio The PRESIDING OFFICER (Mr. Boxer Hirono Sanders from the inspector general report, not BLUMENTHAL). Are there any other Sen- Brown Hoeven only were these groups targeted, but ators in the Chamber desiring to vote? Burr Inhofe Schatz Cantwell Isakson Schumer senior officials knew about it for at The result was announced—yeas 56, Cardin Johanns Scott least a year and made no report to the nays 41, as follows: Carper Johnson (SD) Sessions Congress. It has also been confirmed [Rollcall Vote No. 125 Ex.] Chambliss Kaine Shaheen that confidential information about Coats King Shelby YEAS—56 Coburn Kirk Stabenow some of these groups was leaked to the Baldwin Hagan Murray Cochran Klobuchar Tester liberal nonprofit group ProPublica. Baucus Harkin Nelson Collins Landrieu Thune The whole situation disgraces the Begich Heinrich Pryor Coons Leahy Toomey basic constitutional freedoms to which Corker Levin Bennet Heitkamp Reed Udall (CO) every American is entitled. It is appall- Blumenthal Hirono Reid Cornyn Manchin Udall (NM) Cowan Boxer Johnson (SD) Rockefeller McCain Vitter ing that Americans have been delib- Donnelly McCaskill Brown Kaine Sanders Warner erately targeted for IRS scrutiny based Durbin Menendez Cantwell King Schatz Warren on their political beliefs or affiliations. Cardin Klobuchar Enzi Merkley Schumer Whitehouse Carper Landrieu Feinstein Mikulski No American should fear arbitrary gov- Shaheen Wicker Collins Leahy Fischer Moran ernment harassment simply because of Stabenow Wyden Coons Levin Flake Murkowski Tester the expression of his or her views. Cowan Manchin The administration needs to be held Donnelly McCaskill Udall (CO) NAYS—7 Durbin Menendez Udall (NM) Crapo Lee Risch accountable for its failure to protect Feinstein Merkley Warner Cruz McConnell Americans. An apology is not sufficient Flake Mikulski Warren Johnson (WI) Paul in this instance. An internal inspector Franken Murkowski Whitehouse general investigation talking about Gillibrand Murphy Wyden NOT VOTING—2 Casey Lautenberg mismanagement errors will not suffice NAYS—41 in this instance. The acknowledgement Alexander Fischer Moran The nomination was confirmed. that mistakes were made and that Ayotte Graham Paul The PRESIDING OFFICER. Under changes, indeed, need to be made will Barrasso Grassley Portman the previous order, the motions to re- not, in and of itself, rebuild the public Blunt Hatch Risch consider are considered made and laid Boozman Heller Roberts trust that has been broken. Burr Hoeven Rubio upon the table, and the President will Particularly troubling is that the Chambliss Inhofe Scott be immediately notified of the Senate’s IRS is not the only agency in which Coats Isakson Sessions action. Coburn Johanns these types of abuses have occurred. Shelby Cochran Johnson (WI) f Americans are also right to be out- Thune Cornyn Kirk Toomey raged by the news that Health and Crapo Lee LEGISLATIVE SESSION Cruz McCain Vitter Human Services Secretary Kathleen Enzi McConnell Wicker The PRESIDING OFFICER. The Sen- Sebelius has been fundraising among ate will resume legislative session. the industry people she regulates on NOT VOTING—3 f behalf of the President’s health care Casey Corker Lautenberg law. The nomination was confirmed. AGRICULTURE REFORM, FOOD, As reported in the Washington Post The PRESIDING OFFICER. Under AND JOBS ACT OF 2013—MOTION on May 10, Secretary Sebelius ‘‘has the previous order, there will now be 2 TO PROCEED gone, hat in hand, to health industry minutes of debate prior to a vote on Mr. REID. Mr. President, I now move officials, asking them to make large fi- the Tavenner nomination. to proceed to Calendar No. 73, S. 954. nancial donations.’’

VerDate Mar 15 2010 03:45 May 16, 2013 Jkt 029060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.079 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3520 CONGRESSIONAL RECORD — SENATE May 15, 2013 Presumably these donations are facts. They deserve to know why the ture: roads, highways, bridges, prisons, being collected in order to pay for an IRS deliberately targeted conservative that kind of thing. But we have an op- advertising campaign in the media, in- groups and gave liberal groups a pass, erating budget as well. Here we only cluding television. Further investiga- why Secretary Sebelius solicited the have one. For, gosh, I want to say tion is necessary to determine the ex- health care industry to help implement about 30—40 years, actually, the way tent to which these solicitations con- ObamaCare, and why the administra- we are supposed to run our finances as stitute a conflict of interest. It is curi- tion downplayed the atrocities in a country basically called for the ous that the Secretary of Health and Benghazi and pressured fact witnesses President to submit a budget, usually Human Services is seeking support to stay silent. It time for the President in February, one budget not two but from the health industry now when and his inner circle to provide a full ex- one budget. The Congress is expected these affected parties were largely ig- planation. to come in and sort of pivot off of that nored or in many cases intimidated Mr. President, I yield the floor. budget and create what we call a budg- during the debate on the President’s The PRESIDING OFFICER. The Sen- et resolution. The Senate passes a health care law. ator from Delaware. budget resolution, the House does. The Meanwhile, questions remain about Mr. CARPER. Mr. President, good idea is to be able to do that sometime the administration’s handling of the evening. in April, and hopefully by the end of September 11, 2012, terrorist attack on THE BUDGET April agree between the House and the U.S. consulate in Benghazi that While I was waiting for a chance to Senate on that budget resolution. left four Americans dead, including say a few words on the floor, I was on People think a budget resolution is a Ambassador Chris Stevens. During his the phone and had a conversation with budget. But it is not. It is a resolution, recent news conference, the President someone who has run a couple of very a framework for a budget. It is not ac- tried to deflect serious concerns about successful companies in our country. I tually signed by the President. It is altered talking points by calling it a do not know if he is a Democrat or a something we work out. It provides a political ‘‘sideshow.’’ I do not think the Republican, but it was an interesting foundation on which to pass a number American people are going to be con- conversation. We talked about how the of maybe a dozen or so appropriations vinced that it is a sideshow. The real economy is coming along, and we bills that cover everything from agri- sideshow is the President’s attempt to talked about how the companies he is culture to transportation. distract from an unraveling narrative especially interested in are doing. We The budget resolution provides a that began with the administration sort of looked ahead. framework for any revenue measures wrongly casting blame on an inflam- One of the things I asked is, what do we might need to pass as well in order matory YouTube video. Subsequent you think we could be doing here, to get us closer to a balanced budget or testimony from State Department where we are working in our Nation’s to meet some kind of responsibilities whistleblowers, who came forward de- Capital in the U.S. Senate? for running our country. But the idea spite administration pressure, has only He pretty much said there are three is for the Senate to pass a budget reso- expanded the controversy surrounding things we need to do. He said: You need lution, the House to pass a budget reso- the administration’s apparent mis- to answer maybe three questions for lution, and we create a conference representation of the terrorist attack us. One, can you govern in a divided committee and work out our dif- to the American people. Washington, a divided Congress? He ferences. Let’s not forget that it was President said: No. 2, can you be—can we be as a For the last 4 years, our friends in Obama who promised, after he took of- nation—fiscally responsible? And the the Republican Party delighted in ac- fice, that his administration would be third thing he said was, can you pro- cusing the Democrats of never passing ‘‘the most open and transparent in his- vide some certainty with respect to the a budget. What they meant was we tory.’’ It is increasingly clear that the Tax Code to actually know what taxes never passed a budget resolution, that President’s rhetoric does not match are going to look like, not just this framework. I think of the budget reso- this reality. week or this month or just this year, lution as a skeleton. The skeleton is Whether these scandals continue to but how about having some certainty the bones, if you will. But we put the make mainstream news, our questions going forward? meat on the bones when we pass the and inquiries will not stop until we get I think there is a lot of wisdom in dozen or so appropriations bills, and answers. The administration’s con- what he said. As some other folks have whatever revenue measures are needed. flicting storylines and blame games are been talking about here on the floor That is the meat on the bones. Then inexcusable in the wake of serious alle- today, when we were not passing the eventually we have a full budget. gations. In America, those in power are Water Resources Development Act, a Right now, as our colleagues know, not above the law, and those respon- good bipartisan bill, I think a respon- we passed in the Senate a budget reso- sible must be held accountable. A sible bill, an encouraging step, if you lution several weeks ago. It called for Member of this body on the other side will, but in between we have had other deficit reduction. It did not balance the of the aisle asked publicly on the radio people speak and talking about one budget over the next 10 years, but it this morning: What does it take to get side or the other moving forward on a further reduced the budget deficit and fired in this town? A good question budget. Someone talked about other put us on a path to stabilize our debt, coming from the other side of the aisle. issues that are in the news these days. and to get us on a trajectory where What we are continuing to see is a I want to follow up on some of the debt as a percentage of gross domestic culture of intimidation, a pattern of earlier conversations today with re- product is starting to come down—not big-government heavyhandedness and spect to demonstrating that we can as much as I would like, probably not overreach by the administration. What govern, that we can be fiscally respon- as much as the Presiding Officer would is lacking is credibility and integrity sible and we can provide some cer- like, but to get us headed in the right from those elected to serve. tainty with respect to the Tax Code. direction. It was a 50/50 deal, 50 percent Each scandal is distinct in its griev- Folks who might be listening in to deficit reduction on the spending side, ances but not isolated in its impact. A what is going on in the Senate this 50 percent on the revenue side. New Yorker article published yester- afternoon may or may not know the Actually, ironically, the last time we day by Amy Davidson noted ‘‘the way the budget process works. Obvi- had a budget—1998, 1999, 2000, 2001 in Obama Administration’s strange belief ously this is budget 101. the Clinton administration—Erskine that if it can just find the right words, In my old role as State treasurer and Bowles, then the President’s Chief of that reality will comply and bend to Governor of Delaware—in Delaware we Staff and a woman named Sylvia Mat- meet it—that its challenges are so ex- have two budgets. Not one but two thews, now Sylvia Matthews Burwell traordinary that the use of any excep- budgets. We have an operating budget who is our new OMB Director, worked tions built into normal processes and we have a capital budget, a brick- along with the Republican House, Re- should be regarded as unexceptional.’’ and-mortar budget. The brick-and-mor- publican Senate to come up with a def- Americans deserve direct, straight- tar budget is for schools, K–12, sort of icit reduction plan in 1997 that led to forward answers, and they deserve the postsecondary education; infrastruc- four balanced budgets in a row.

VerDate Mar 15 2010 02:36 May 16, 2013 Jkt 029060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.086 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3521 Their deal, worked out with Repub- It is kind of ironic that our Repub- what happens with that 15 percent of— licans, was a 50/50 deal. Fifty percent of lican friends, after beating us over the we call it domestic discretionary the deficit reduction was on the spend- head for 4 years for not supposedly spending. The other 15 percent in dis- ing side, 50 percent was on the revenue passing a budget—although if you cretionary spending is defense. side. Anyway, this year the Senate looked at what we put in place, some of But they would take, in their budget passed a budget resolution, passed with the legislation was law; we actually did resolution in the House, that 15 percent all Democratic votes, no Republicans. have a budget. We had spending caps over the next 10 years and take it down It is a 50/50 deal, half of the deficit re- and directions to reduce spending in a to roughly 5 percent—5 percent. That is duction on spending, half on the rev- lot of different categories. We saved in everything in the Federal Government enue side. deficit reduction well over $1 trillion as other than defense and entitlements Over in the House, they have a dif- a result. and interest. That is everything else. ferent approach. The Republicans in But, ironically, the very people who That includes workforce development, the House argue, with some justifica- criticized us for not passing a budget starting with early childhood edu- tion, that they get more deficit reduc- have now, here in the Senate, made it cation programs, Head Start, all the tion accomplished. You might quibble impossible for us to create that con- way from kindergarten up to high with some of their assumptions. They ference committee, a compromise com- school; programs especially promoting assume the repeal of ObamaCare. They mittee between the House and the Sen- the education in STEM, science, tech- also assume that even though they are ate, and take the next logical step of nology, engineering and math, postsec- going to repeal it, the $1 trillion in def- reconciling the differences between the ondary education. It includes infra- icit reduction that CBO, the Congres- Senate-passed budget resolution and structure; roads, highways, bridges, ev- sional Budget Office, says flows from the House’s. erything broadly defined in infrastruc- ObamaCare over the next 10 years in It is not going to be easy to do that, ture. It includes investments in re- the Affordable Care Act—even though but we need to get started. If you think search and development that can cre- they assume repealing ObamaCare, about the way we spend money—I want ate products and technologies that can they still assume the $1 trillion in def- to commend the chair of the Budget be commercialized and sold all over the icit reduction. I do not know if that is Committee. She has had some very sad world. All of that stuff is the rest of 15 entirely consistent, but that is part of losses in her family. We extend our percent and it goes down to about 5 their assumption. So they end up with sympathy there. I want to commend percent. deficit reduction that is dependent the Senator and her committee for tak- I do not think that is smart. I do not solely on the spending side. No reve- ing on a tough job, one of many tough think that is smart for growing the nues, it is all on the spending side. jobs she has taken on, and to give us a economic pie because of things—the So they passed their budget resolu- budget resolution that we can go to areas we need to invest in or look for. tion. We passed ours. They passed conference with. I want to have a We need a world-class workforce. No. 2, theirs with almost all Republican chance to do that. we need terrific infrastructure, much votes, we passed ours with all Demo- I want to mention this and I will better than our decaying infrastruc- cratic votes. When that happens, the yield. We had a bunch of Realtors in ture. The third thing we need is to in- idea is to say, here is the Senate budg- from Delaware. They wanted to talk vest in R&D that can be commer- et resolution, here is the House budget about the budget and how we are doing. cialized and turned into products. resolution. Why don’t we create a con- I explained that if you think of the In any event, we have a difference in ference committee—I used to think of Federal budget, think of it as a pie, priorities here. The Senate-passed it as a compromise committee—where think of it like a pizza pie or a choco- budget resolution is not perfect, but I some of the Senators, Democrat and late pie, but think of it as a pie. The think it is a very good document and a Republican, gather together and work way I explained this is, over half of good starting point. The Republicans out the differences between the two that pie is entitlement program spend- have their ideas, some with merit, budget resolutions. That is what people ing. That is things we are entitled to some not. But the next thing we need sent us here to do. by virtue of our age, our station in life, to do is we need to meet. We need to The Presiding Officer knows I like to our service, Medicare, Medicaid, Social create that conference committee and sometimes ask people who have been Security, some of our veterans’ bene- we need to go to work and let the chair married a long time, what is the secret fits. But over half of the budget of that of the committee and her counterpart for being married a long time? I usu- pie for spending, over half of it is enti- over here, Senator SESSIONS, do their ally ask this to people who have been tlement spending and it is growing. job, along with their House counter- married 50, 60, or 70 years. I get some Another roughly 10 to 15 percent of parts. But they cannot do their job real funny answers. I got a great an- that pie is interest on the debt. With until Republicans in the Senate agree swer about a week ago. A couple has the debt growing, interest on the to form a conference committee and go been married 55 years. I asked the wife debt—thank God the interest rates are to conference. We need that to happen. and husband. I said to the wife: What is low right now or that would go through Rather than just talking about and the secret to being married 55 years? the roof. Interest on the debt continues pointing fingers at one another, we ac- She looked at her husband, and she to maybe creep up. If you add those tually need to do that. We need to stop said, he will tell you that he can either two together, it is about 70 percent of pointing fingers, join hands, and see if be right or he can be happy, but he can- the pie we are thinking about. we cannot work this out. not be both. I thought that was pretty That leaves another 30 percent. What I yield the floor again, with my funny. He said something to the effect is in the remaining 30 percent? The rest thanks to Senator MURRAY for the of, when you know you are wrong, of the whole Federal Government. leadership she continues to provide for admit it. When you know you are About half of that 30 percent is defense. all of us. right, let it go. That is pretty good ad- About half of that 30 percent is every- The PRESIDING OFFICER. The Sen- vice. thing else from agriculture to trans- ator from Washington. I think the best answer I ever heard portation and everything in between— Mrs. MURRAY. Mr. President, I ask to that question of what is the secret law enforcement, courts, Federal pris- unanimous consent to speak for up to to being married a long time—I have ons, the FBI, education, housing, envi- 10 minute as in morning business, and heard this from a number of people. ronment. Everything else is in that 15 following me, the Senator from Rhode The answer is the two Cs, communicate percent. Island will speak for 5 minutes as in and compromise. Think about that. The difference between the Senate- morning business. The two Cs, communicate and com- passed budget resolution and the The PRESIDING OFFICER. Without promise. I think that is not only the House-passed budget resolution is the objection, it is so ordered. secret to an enduring union between House would make some changes in en- THE BUDGET two people, but I think it is also the se- titlement spending. We do some of that Mrs. MURRAY. Mr. President, I want cret to a vibrant democracy, commu- as well. We do more to try to reduce to thank the Senator from Delaware nicate and compromise. spending. But the real difference is who spoke about the fact that we are

VerDate Mar 15 2010 02:36 May 16, 2013 Jkt 029060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.088 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3522 CONGRESSIONAL RECORD — SENATE May 15, 2013 now 53 days since passing the Senate allow the United States to default. across the country to cope with layoffs budget. We are pushing very hard as That is an unprecedented event that and cuts to services they count on, Democrats to keep this process moving would devastate our entire economy. things such as childcare and public and get our budget to a conference I think a lot of families across our safety. Yesterday, we learned that DOD committee. I appreciate his coming out country are very concerned that House civilian employees, many of whom are and explaining why that is so impor- Republicans haven’t learned any les- veterans, by the way, are going to be tant. I agree with him. sons at all from the past 2 years, and furloughed. We believe with all the urgent chal- that we are looking at more brinkman- We have to replace sequestration. We lenges we face today, there is every ship, more governing by crisis, and need to do it with a balanced and re- reason to get to work right away on a more harm for our American families sponsible deficit reduction plan, but we bipartisan budget deal. There is no rea- and our businesses. also have to stop lurching from crisis son to delay this until the next crisis. House Republicans are even telling to crisis that allows those kinds of But we have come out here now seven us they are willing to put foreign credi- policies to be enacted. There is abso- times and asked for consent to go to tors before our seniors, our veterans, lutely no reason to double down on an conference to work on the budget with and our businesses and claiming that approach that has those kinds of ef- the House, and seven times the Senate somehow this plan will protect the fects on the families and communities Republicans have stood and said, no, economy. we serve and on those who bravely we do not want to go to work on the That is absurd. A default is a default. served our country. budget. If the Federal Government pays its for- Contrary to what we are now, unfor- Given how much Senate Republicans eign creditors—but defaults on its obli- tunately, hearing from the House, I behave talked about regular order over gations to our families and our commu- lieve with more time to reach a fair the last several years, we are rather nities—the results are going to be cata- and bipartisan agreement we have all surprised on this side that they are strophic. Rating agencies would rightly the more reason for us to move to a now resisting this very important next see that as a serious abdication of our conference quickly and get a budget step in this bipartisan negotiation. By responsibility. Our fragile economy agreement. Let’s get to work. Our the way, it is not just Democrats who would be seriously threatened, and peo- country’s challenges—rather than a are saying they want to go to con- ple across the country would lose their looming artificial deadline or crisis— faith again in our government’s ability ference. There are quite a few Senate should guide this debate, and it to function. Republicans who are surprised, as we shouldn’t be controversial. There are Fortunately, I hope and think it will are, that they are not allowing us to not come to all of that. Republicans responsible Senate leaders on both go. have been saying default would be a sides of the aisle who agree. My colleague Senator MCCAIN said I hope Senate Republicans will listen ‘‘financial disaster’’ for the global blocking conference is ‘‘incomprehen- to members of their own party who are economy and ‘‘you can’t not raise the sible’’ and ‘‘insane.’’ Senator CORKER debt ceiling.’’ A few months ago, Re- calling for a conference and bring us said that to ‘‘keep from appointing publicans acknowledged how dangerous one step closer to negotiating a bipar- conferees is not consistent.’’ Senator it would be to play games with the debt tisan budget deal in a responsible way FLAKE said he ‘‘would like to see a con- limit and how politically damaging it instead of insisting that we run down ference now.’’ would be to play politics with the po- the clock. I sincerely hope the Republican lead- tential economic calamity and dropped I know there are factions in our gov- ers in the Senate will listen to the their demands. ernment that believe compromise is a Members of their own party, because What has changed since then? Why dirty word and that getting a deal will we have a lot of problems to solve and are Republicans once again issuing this not be easy, but I continue to believe it we have to get started. Our children empty threat that does nothing more can and needs to be done because today, young adults, need a world-class than rattle the markets and increase alongside those who refuse to com- education to succeed in the global uncertainty across our country. Maybe promise there are responsible leaders economy they are entering. Many of the House Republicans think since we who came here to show Americans that them are graduating in the next sev- won’t hit the debt ceiling until later their government works. It would be eral weeks. Too many Americans are than we originally expected, there deeply irresponsible for the House to out of work yet or still underemployed. could be less pressure to get a deal and continue delaying a conference and for Our national infrastructure is quickly more opportunity for them to extract Senate Republicans to continue to becoming an obstacle rather than an some kind of political concession. cover for them, especially if they are asset to our competitiveness. That is exactly the wrong way to doing it for political reasons or to keep We need to do more to responsibly look at this because even if we know the negotiations out of the public eye tackle our long-term deficit and debt they are going to reverse course even- or to, what I have heard, avoid taking challenges and make our Tax Code tually, the Republican strategy of a few tough votes. work better for our middle class. The holding our economy hostage and cre- I urge Republican colleagues to re- debate about all of those challenges ating this uncertainty again and trying consider their approach. Join us in a couldn’t be more important. We should to push us toward another crisis has budget conference ready to com- start working toward a bipartisan terrible consequences. All of us remem- promise and work with us toward a bi- budget deal that works for our fami- ber the summer of 2011 when extreme partisan deal the American people de- lies, our economy. We should do it as elements in the Republican Party deserve. soon as possible and engage the Amer- manded economically damaging poli- I yield the floor. ican people in a thorough and respon- cies, leading to a downgrade of our Na- The PRESIDING OFFICER. The Sen- sible debate. tion’s credit. ator from Oklahoma That is why I, frankly, was very dis- Economic growth and job creation Mr. INHOFE. Mr. President, it is my appointed to see that today, instead of slowed to a halt, consumer confidence understanding that Senator REED is meeting to discuss moving toward a bi- plummeted, and out of that summer speaking next. I would like to ask that partisan conference between the House came sequestration. That was a policy I be recognized as in morning business and Senate, House Republicans are that was meant to serve only as a trig- at the conclusion of his remarks. meeting to discuss what they will ask ger and, in fact, was only implemented The PRESIDING OFFICER. Without for in exchange for not tanking the because Republicans were focused on objection, it is so ordered. economy a couple of months from now. protecting the wealthiest Americans The Senator from Rhode Island. Instead of moving with us toward the and biggest corporations from paying Mr. REED. First, Mr. President, let middle and joining us at the table even a penny more in taxes rather than me rise to commend Senator MURRAY ready to compromise, they spent their working with us on a deal to prevent for her extraordinary leadership on the afternoon debating what to write on a sequester. Budget Committee and in so many ransom note and saying if they don’t Now what do we have? Sequestration. other ways in the Senate. She did a re- get what they want, they are going to It is forcing families and communities markable job in bringing together a

VerDate Mar 15 2010 02:36 May 16, 2013 Jkt 029060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.089 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3523 budget that responds to the urgent the year before. Now here we are look- the Senate proceed to the consider- need we see in the United States today ing for regular order, and they are ation of Calendar No. 73, S. 954. to create jobs, to strengthen the eco- looking the other way and block us The PRESIDING OFFICER. Without nomic recovery and, in fact, to provide from moving forward and conferencing objection, it is so ordered. more momentum to this recovery, the Senate and House budgets. That The PRESIDING OFFICER. The Sen- much more. can’t go on. We have to get to con- ator from Oklahoma. In my State of Rhode Island, despite ference. We have to take the next step. IRAN SANCTIONS IMPLEMENTATION ACT certain gains, we are still at roughly 9 We can’t delay. We have 11.7 million Mr. INHOFE. Mr. President, it is percent unemployment. This is unac- Americans out of work and looking for very rare that we have an opportunity ceptable. We have to do more. jobs. We have to address the sequester. to do something that is in the benefit The first step on that path is to move As Senator MURRAY just said, yester- of our country in terms of our protec- this budget to conference. That is what day the Secretary of Defense an- tion. It doesn’t cost anything. If any- Senator MURRAY has spoken about, and nounced hundreds of thousands of civil- thing, it makes money, and it is some- that is what is so critical. Fifty-three ian personnel will be furloughed, civil- thing I am going to share. It is a bill I days ago, under her leadership, the ian personnel that support from our introduced today, which is S. 965. Senate passed a budget. The budget in- military forces. That will not only dis- Let me give a little background to vested $100 billion in a targeted jobs rupt their lives, which is the first great let you know why we are introducing and infrastructure package that would toll, but it will also disrupt the effi- this bill and why the Iran Sanctions start creating new jobs quickly. And ciency and the ability of the Depart- Implementation Act of 2013 is signifi- that is what my constituents need. In- ment of Defense to fully and capably cant. deed, when I go back to Rhode Island carry out its mission. These are crit- First of all, it is imperative that we that is what people are asking about: ical issues. know, because most people don’t un- Where are the jobs? We have to make sure, again, that derstand this, that Iran’s source of rev- The budget would begin, in this jobs the full faith and credit of the United enue comes from oil exports. This is and infrastructure package, to repair States is not jeopardized by another something that one of our fine Sen- public roads, bridges, and help prepare manufactured crisis over the debt ceil- ators has had as one of his efforts, to workers for the 21st century. All of ing, which is once again on the horizon. come up with something that is going these things are essential to our We have to deal very soon with all of to effectively embargo the country of present economic need for job creation, these issues. The logical and appro- Iran. our future productivity, and our future priate step is to go to conference. We We have a lot of countries, for exam- ability to compete in an increasingly have a lot of work to do. ple, that we don’t import anything competitive global economy. Our budg- Let me also say I am encouraged that from, but they do have a very large et path, as laid out by Senator MUR- I have heard that Leader REID is pre- supply of oil. To date, Iran is exporting RAY, would end the economically dam- pared to call up for a vote the nomina- about 1.25 million barrels of oil. That aging sequester and make the tough tion of Richard Cordray to head the amounts to somewhere in the neighbor- and balanced choices we need for sound Consumer Financial Protection Bu- hood of $100 million a day or about $3 fiscal policies. reau. This is critical because a well- billion a month. Now the House Republicans also regulated marketplace is not only good The influence of Iran is something passed a budget. The next step in reg- for consumers, it is good for compa- throughout the Middle East, and it ular order is to go to conference. Ad- nies. That is something that could add ranges from Yemen all the way to mittedly, the House Republican budget to this economic recovery, this cer- Sudan, to Hamas, to Hezbollah, to Leb- stands in stark contrast to our budget, tainty, this knowledge that consumers anon, and, of course, to Syria. One of and it is clear we have a lot of work to will have the information they need. the concerns I have had for a long pe- do to reach an agreement. For exam- Also, I presume and hope that very riod of time is that Iran—one of the ple, the House Republican budget calls soon we will have a vote with respect things the President did that I think for a total of $4.6 trillion in cuts, it to the pending doubling of the student we are going to live to regret is 4 years voucherizes Medicare, it would leave loan interest rate. Last year we avoid- ago he did away with our ground-based the sequester in place, and it calls for ed this by pushing it forward a year. interceptor in Poland. And when this tax cuts that benefit the wealthiest We have another deadline facing us happened, that was set up to knock Americans. July 1. We have to make sure students down missiles that might be coming I believe these and other choices in don’t face another crippling increase in from the east into the United States. the House Republican budget would be interest rates they pay on student We have 44 ground-based interceptors a very bad deal for the people of Rhode loans. on the west coast, and I am com- Island. These are the kinds of dif- Student loans are a huge burden on fortable we can knock down anything ferences that must be and can only be the generations that are coming up. In coming from that way, but from the resolved effectively in conference. fact, it could delay our economic east, we don’t. It would take maybe Again, the first step to do that is to ap- progress by a decade or more as stu- one shot—it would have to be a fortu- point our conferees, to go to con- dents can’t buy homes and form house- nate one—from the west coast. ference, and to begin the difficult dis- holds because they are saddled with the Anyway, the reason I bring this up cussions and negotiations to provide debt. So we have to work on that too. and why it is pertinent to the legisla- the American public the answers they We just can’t lurch from crisis to cri- tion we are introducing right now is are looking for. sis. that our intelligence has shown us So it is past time we move to con- The first thing to do, the immediate since 2007 that Iran is going to have the ference with the House. And I hope thing we should do, is to invoke reg- bomb—the weapon, the nuclear capa- there is a real chance that Senate and ular order. Let’s go ahead, let’s go to bility—and the delivery system to send House Democrats can negotiate a bi- conference. Let’s start dealing with the something from Iran by 2015. partisan agreement with our Repub- issues that affect the people of Amer- If we had stayed with our effort to lican colleagues in the House of Rep- ica. Let’s start serving their primary have the radar in the Czech Republic resentatives, and with our Republican concerns—creating jobs and a stable and the ground-based interceptor in colleagues in the Senate that will economy—and doing that through reg- Poland, we would be well prepared to move the country forward. ular order and the procedures that we protect ourselves. However, that is not Unfortunately, despite the insistence have adopted and used for decades. the case. So I look at Iran—and a lot of over months and months and months I yield the floor. people don’t agree with this; I may be by Republicans in the House and in the UNANIMOUS CONSENT AGREEMENT—S. 954 the only one who will say this—as the Senate that we go to regular order, Mr. REID. Mr. President, I ask unan- greatest threat we have in the Middle that we pass a budget—that was the imous consent that on Monday, May 20, East. We all talk about Syria and the biggest problem they were talking at a time to be determined by me, after problems taking place in Syria—the about for many months, last year and consultation with Senator MCCONNELL, 70,000 people who have been the victims

VerDate Mar 15 2010 02:36 May 16, 2013 Jkt 029060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.091 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3524 CONGRESSIONAL RECORD — SENATE May 15, 2013 of Assad’s barbaric slaughter of his rels of oil a day, and Senator KIRK the Bakken shale formation in North own people—but we know that Iran— sought an outright global embargo Dakota. And that is where he is actu- the Iranian security and intelligence against Iranian oil. During the debate, ally at this time. services—is propping up the Assad re- however, many members of the inter- Before these practices were used gime by advising and assisting the Syr- national community stated they would there, oil development was expected to ian military forces, providing essen- not be able to wean themselves off of remain just a memory of the past, but tial, lethal military supplies and Iranian oil quickly enough to comply with these technologies, he has turned progovernment military. with the sanctions without causing a North Dakota into one of the greatest I am going to read something now significant shock to oil prices and, in economic success stories in the Nation. that I just received to quantify how turn, their economies. So these are The change has been remarkable, and much Iran is doing to assist Syria. This countries that would like to have com- it occurred nearly overnight. North Da- was in the Economist magazine. It plied with sanctions against Iran, but kota has grown its oil production by said: they felt it was not in their best inter- 300 percent, to 660,000 barrels of oil a Iran reportedly sent $9 billion to Assad to ests to do so. So the sanctions were day in just 4 years. The unemployment see it through sanctions on Syria. amended to require the international rate in North Dakota is 3.3 percent. In other words, several countries, in- community to significantly reduce its Normally, we say 4 percent unemploy- cluding us, had sanctions on Syria, and reliance on Iranian oil. ment is full employment. Well, they this is one reason we were sending That legislation passed through the are actually below full employment. money over there. That tells us our Senate, and Iran’s oil exports have His biggest problem right now is find- sanctions on Iran are not nearly as since fallen by about half. So instead of ing people to work. A driver in the oil- tight as they should be. And that was the 21⁄2 million barrels a day going out, fields makes $100,000 a year. This is in the Economist. So it is very serious. it is down to 11⁄4 million—about half. what is happening in North Dakota. Lebanese Hezbollah, Iran’s proxy, is This is a significant reduction, but The promise of shale oil and gas de- participating in a direct combat role with the Iranian regime intent on velopment has spread well beyond aligned with Iranian strategic interests harming the United States and our al- North Dakota in recent years. It is in Syria, and we know Syria provides lies, we have to do all we can to tight- happening in my State of Oklahoma, in crucial access to Iranian proxies that en sanctions and more fully isolate Pennsylvania. include Hezbollah, Hamas, and the Pal- them. Let’s put this chart up here. That is estinian Islamic jihad. Iran is con- Our Nation doesn’t import oil from significant. I can remember until re- tinuing an extensive, expensive, and in- Iran, and we haven’t for a number of cently people were thinking everything tegrated effort to maintain Syria as a years. We embargoed them a long time has to be in the oil belt. All the oil pro- base for fomenting future regional in- ago. But despite our abundant un- duction has to be west of the Mis- stability. tapped natural resources, we remain sissippi. But look at it now. This is in Iran is all in in Syria, as evidenced the largest oil importer in the world, the lower 48 States. The shale plays by the frequent presence on the ground and so we have a strong role to play in that are taking place now are in places, in Syria of Iranian force commander making the Iran oil embargo as effec- yes, of course, where we would expect Major General Qassem Suleimani. tive as possible. it, in Oklahoma, but look up here. That Suleimani is on the U.S. Treasury and Natural gas has always been a major is in Pennsylvania. That is up there at U.S. Security Council’s watch lists for U.S. energy resource, but it was just a Marcellus. And we have opportunities alleged involvement in terrorist activ- few years ago that the energy industry all over. So it is completely all over ity and proliferation of nuclear missile believed the United States was on the the country, not just in the western technology. So this is how serious that verge of becoming a major natural gas part of the United States. Where oil situation is over there. importer. Permits were issued and fa- and gas activities have historically A subordinate of Suleimani, Briga- cilities were under construction to been isolated to just a few regions of dier General Hassan Shateri, was a sen- handle the massive amounts of natural the country, such as Oklahoma and ior Iranian commander who was killed gas we were expecting to import to Texas, they are now all over the coun- in the Damascus countryside. The meet the domestic energy demand. try. Because of these great domestic death of Iranian generals on Syrian Then came the development of two resources, I believe we can achieve do- soil is a strong indication of Iran’s critical technologies. One is horizontal mestic independence in a matter of commitment to the regime. drilling, and the other is, of course, months. Further, we know Iran has supplied something we have known about for a The use of hydraulic fracturing and Syria with ballistic missiles and chem- long time—hydraulic fracturing. horizontal drilling has caused domestic ical weapons, and the Assad regime in Hydraulic fracturing was actually de- energy production to soar over the last Syria, which is presently the greatest veloped in the State of Oklahoma—in few years. Production is now over 7 threat to stability in the Middle East, Duncan, OK, where I will actually be million barrels a day—40 percent high- is being propped up by Iran. Iran is able this coming weekend—way back in er than it was in 2008. But, as the Con- to do this because it earns $3 billion a 1949. By the way, it is very safe. There gressional Research Service recently month in oil revenue. Now, if Iran—and has never been a confirmed case of confirmed, all of this production is on this is a key point—did not have access groundwater contamination using hy- State and private land—none of it on to this money, its ability to influence draulic fracturing. But when all this Federal land. In fact, on Federal land, the region would be significantly cur- came about, all of a sudden we had a in spite of the boom that has been tak- tailed. In other words, they cannot huge boom here in the United States. ing place, production has actually been pose a threat without their oil reve- This is all on private land. I want to reduced because of President Obama’s nues. make that very clear. Because the oil war on fossil fuels. Production has ac- So the reason we have the threat and gas industry developed and per- tually been reduced on Federal lands, from and the problems we have in fected these methods, which are envi- and that is kind of embarrassing be- Syria is because of the money that is ronmentally safe, we are now able to cause we can see on the second chart being sent to Syria, and the source of economically reach oil and natural gas that a significant amount of our Na- that money is oil revenue, and it shows in places we never thought would be tion’s oil and gas resources are on Fed- that the effort we have made in Iran is possible, and production has sky- eral land, which are all but completely not really enough because they have rocketed. off limits. access to that many resources. Harold Hamm, who I think arguably This chart shows the Federal lands. Fortunately, the international com- is the most successful independent oil They are not producing on any of these munity has generally recognized this. operator in America today, is from Federal lands, but look at the potential Last year Senator KIRK of Illinois led Oklahoma. He happens to be up in that is there and what we could do. It the Senate in the consideration of North Dakota right now, but he has is incredible to look at. You can look sanctions against Iran’s oil trade. At been at the forefront of these tech- at all of this land in the Montana west, that time Iran exported 21⁄2 million bar- nologies and has used them to unlock in Alaska, offshore. The yellow land is

VerDate Mar 15 2010 03:19 May 16, 2013 Jkt 029060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.094 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3525 the Bureau of Land Management land, There are friendly countries—Saudi in New Mexico, how long would it take the orange is the Fish and Wildlife Arabia, Kuwait—where we are actually you to lift the first barrel of oil and get land, the light green is the Forest importing oil. But they would be able it into the economy? Service land, the dark green is the Na- to sell their oil to the other countries, He said, without a flinch: Seventy tional Park Service, and the light blue our friends, such as Japan and other days. is the Department of Defense. All of countries. I said: Seventy days? We are talking the Outer Continental Shelf is man- What we are saying is we have an op- about 10 weeks, not 10 years. aged by the Federal Government, and portunity here. When you look at these So he described what would happen oil is under many of these places, but areas, you can see why it should be each day. You could do it in 10 weeks. the vast majority of it is locked up by pretty easy for the administration to We are talking about all of this could the Obama administration and no one allow us to open one of these areas. take place in 10 weeks. can get to it. The first one would be ANWR, this By the way, I have to say no one has We know the resources are there. right up in Alaska. You can see four challenged me on this ever since I used They are massive. Everyone has agreed potential areas, the first being ANWR. his name and his speculation a few it is there. The Institute of Energy Re- The U.S. Geological Survey reported, weeks ago. I know this is a little bit com- search recently issued a report based in a 1998 study, the latest comprehen- plicated, but there is another reason. on the most recent, though outdated, sive study of its kind, that the oil re- The reason I think the President would government data about these off-limit serves there are up to 16 million barrels be willing to do something like this is lands and showed that if we enacted of oil per day. we are not asking him to lift the re- policies that allowed aggressive devel- Imagine what we are talking about strictions on all of the public land. It opment of these Federal resources, the there. We are only talking about com- would be great if he did that. Just process would generate $14.4 trillion in ing with 1.25 million barrels to offset think, we would be totally independent economic activity and would create 21⁄2 the amount other countries are import- of any other country for our ability to million jobs and reduce the deficit by ing from Iran, to stop them from doing develop our own energy. But we are $2.7 trillion, all over the next 40 years. it. It doesn’t require the President to Why is this land locked up? One an- make this area an Iranian oil replace- saying find a zone where we can actu- swer is because of President Obama. He ment zone, but it would allow him to ally pick up an additional 1.25 million has allowed his alliance with the envi- do it. This would provide enough oil to barrels a day. We can take that away ronmental left to run roughshod over offset Iranian oil exports for about from where we are currently importing issues as important as encouraging sta- 12,000 days or about 35 years. it from friendly countries and allow bility in the Middle East through a full The second is the Rocky Mountain them to export it to nations that are isolation of Iran. West—parts of Wyoming, parts of Utah, currently buying oil from Iran. I think we have made it very clear If the President would lead, the and parts of Colorado. In 2005 the that if you want to do something that United States, acting independently, RAND Corporation estimated that oil is going to have the effect of stability without any assistance from any other shale reserves in this area could be as in the Middle East, you have to get rid nation, could singlehandedly offset all high as 1.8 trillion barrels of oil. of Iran’s oil exports by simply expand- The third is the Utica shale in Penn- of Iran. As I said before, Iran is a direct ing our own domestic production on sylvania. Pennsylvania—I hear a lot threat to the United States once they Federal lands. about the Marcellus up there. We are reach what our intelligence says is This is why I have introduced this talking about oil now. We are not talk- going to be a nuclear capability and a Iran Sanctions Implementation Act of ing about natural gas. We are talking delivery capability by 2015. Over and above that, today we could 2013. My bill would require the Presi- about oil. But USGS estimated in 2011 stop them because 70 percent of their dent to establish Iranian oil replace- that the reserves in this region are up revenue comes from oil exports. We ment zones on Federal lands so that to 940 million barrels of unconven- could stop the exports altogether with the production from these zones will tional oil. this legislation. That is something I reach the 11⁄4 million barrels of oil a The fourth area is the Outer Conti- day. This amount, 1.25 million barrels a nental Shelf. I mentioned North Caro- certainly hope the President will look day, is what Iran is exporting at the lina and Virginia. Their legislatures at. We are not asking for hundreds and current time. have all encouraged their production. hundreds of millions of barrels a day to Here is the point. The reason we are They have a lot they can benefit from. be released from our Federal sources. talking about coming up with a very Of course nationally—in national secu- We are asking only for 1.5 million bar- small amount is, if the President wants rity we have a lot to benefit from, too. rels a day. On top of that, we don’t to continue his war on fossil fuels, that With all those areas, if we stop the have any obligation with this legisla- is fine, if he doesn’t want to develop flow of oil from Iran, then we can stop tion to go any further. This would be our potential public lands. But if he the machine that finances Iran’s nu- something he could do that would pro- could take a very small amount, such clear weapons program. Many say that vide stability in the Middle East and as 1.25 million barrels of oil a day—and getting oil from the Rocky Mountains, would keep Iran from funding the ter- do it anywhere, give him the discretion Alaska, Outer Continental Shelf, will rorist activity that is currently taking as to where he wants to do this—it take years. By then Iran will not be a place by Asad in Syria. I yield the floor. could be here if he wants to do it out in problem. But it doesn’t take years to The PRESIDING OFFICER (Mr. the West, or ANWR up in Alaska, it get it out. HEINRICH). The Senator from Con- could be over there or offshore on the I mentioned a while ago Harold necticut. east coast. By the way, that is off the Hamm, the person who is the biggest shore of Virginia, and Virginia wants independent in the country. I called f to be able to develop that land. him up because I was going to be on a MORNING BUSINESS This is enough oil to fully offset all major television show one night and I Mr. BLUMENTHAL. Mr. President, I current Iranian oil exports. If the knew they were going to challenge me. ask unanimous consent that the Sen- President unlocks our energy potential The President has always said it ate proceed to a period of morning and allows the production of an addi- doesn’t do any good to open up public business, with Senators permitted to tional 1.25 million barrels a day in the lands because if you do that it could speak for up to 10 minutes each. United States, we would reduce our im- take 10 years before that could reach The PRESIDING OFFICER. Without ports by the same amount. If we are the economy. I asked him, I said: Har- objection, it is so ordered. not importing this oil to the United old Hamm, make sure you give me an f States, then other nations—these are accurate response to what I am going the nations that are currently import- to ask you because I am going to use FOOD ALLERGY AWARENESS ing it from Iran—would be able to im- your name on national TV. Make sure WEEK port it from those places where we no you are accurate. If you had a rig set Mr. DURBIN. Mr. President, Food Al- longer would have to. up right now, off limits on public land, lergy Awareness Week recognizes how

VerDate Mar 15 2010 02:36 May 16, 2013 Jkt 029060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.095 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3526 CONGRESSIONAL RECORD — SENATE May 15, 2013 serious and how wide spread food aller- On July 1, 1862, President Abraham of Hawaii; yes on vote 108 on the nomi- gies are in this country. One in every Lincoln signed the Pacific Railroad nation of Jane Kelly, of Iowa, to be 13 children in the United States is af- Act into law and set the Nation on a United States Circuit Judge for the fected by a life-threatening food al- course to complete the trans- Eighth Circuit; yes on vote 109 on the lergy. According to the Centers for Dis- continental railroad. nomination of Sylvia Mathews ease Control and Prevention, food al- Less than a year later, in 1863, the Burwell, of West Virginia, to be Direc- lergy reactions send someone to the Brotherhood of Locomotive Engineers tor of the Office of Management and emergency room every 3 minutes. and Trainmen was founded to represent Budget; and yes on vote 110 on adoption The rising prevalence of food aller- the thousands of individuals working of the Motion to Proceed to S. 743, the gies is an important public health issue to build one of the largest infrastruc- Marketplace Fairness Act. that is already felt in schools, res- ture projects in the history of this f taurants, and workplaces across the country. country. According to the National In- In the century and a half since, the VOTE EXPLANATION stitutes of Allergy and Infectious Dis- rail industry has served as the lifeblood Mr. NELSON. Mr. President, I was ease, food allergies cause 30,000 cases of of rural America, a critical player in necessarily absent for votes on amend- anaphylaxis and more than 200 deaths our Nation’s transportation network, ments to the Water Resources Develop- every year. We need to support re- and as one of the largest private em- ment Act on Tuesday, May 14, 2013, and search to develop new therapies and ployers in the United States. Wednesday, May 15, 2013. Had I been understanding to ultimately prevent My home State of Illinois, both then present, I would have voted against and cure food allergies. and now, has relied heavily on strong amendment No. 868 and amendment As the number of kids living with rail infrastructure to propel us for- 815. I would have voted to in favor of dangerous and in some cases deadly ward. From my hometown of East St. amendment 889. food allergy attacks at school has in- Louis and across our State, railroads f creased, some States and cities have have written our history. RETIREMENT OF AIR FORCE responded by improving access to epi- As one of the first States in the SECRETARY MICHAEL DONLEY nephrine auto-injectors as an impor- union to embrace freight rail and rail tant strategy to respond safely and travel, we saw Chicago grow, spoke by Mr. MCCAIN. Mr. President, today I quickly when students experience ana- spoke and mile after magnificent mile, honor an outstanding leader and public phylaxis. While many children with into the metropolis it is today. And servant. After over 30 years of service known food allergies are permitted to with more lines of track radiating in to our Nation both in and out of uni- bring their epinephrine auto-injectors more directions than anywhere else in form, Secretary Michael Donley is re- to school, 25 percent of epinephrine ad- the Nation, it’s hard to imagine our tiring from his current position as Sec- ministrations in schools involve indi- great city without its railroads. retary of the U.S. Air Force. On this viduals without a previously known al- Even today, we are continuing our occasion, I believe it is fitting to recog- lergy. Many students who will need ep- long tradition with the construction of nize Secretary Donley’s years of serv- inephrine have no history of food aller- a high-speed rail network that is both ice to our great Nation. gies and therefore do not carry epi- innovative and important to Illinois’ Mr. Donley has over 30 years of expe- nephrine. Further, schools provide a economy and future competitiveness. rience in the national security commu- setting where children are exposed to But without the workers who con- nity, including service in the Senate, new foods that may trigger severe al- struct, operate and maintain it, that White House, and the Pentagon, as well lergy attacks. Therefore, the decision high-speed network likely would not be as in the private sector. Mr. Donley for schools to stock their own epineph- possible. served in the U.S. Army from 1972 to rine can be lifesaving. One hundred-fifty years after its 1975 with the XVIIIth Airborne Corps I commend the state of Illinois for birth, the Brotherhood’s 55,000 active and 5th Special Forces Group, Air- being a leader in this fight and passing and retired members continue to de- borne. He was also a professional staff legislation in 2011 to allow schools to vote their lives to the rail industry and member on the Senate Armed Services stock emergency epinephrine auto- improving the American transpor- Committee. injectors. Last Congress, I worked with tation system. Mr. Donley supported two Presidents my colleague, Senator KIRK, to intro- That’s an impressive achievement, and five National Security Advisers duce legislation that would encourage and I hope my colleagues will join me during his service at the National Se- states to require schools to stock epi- in recognizing their hard work as the curity Council from 1984 to 1989. He nephrine and to allow trained des- Brotherhood of Locomotive Engineers conceived and organized the Presi- ignated personnel to administer epi- and Trainmen’s celebrates its 150th an- dent’s Blue Ribbon Commission on De- nephrine in an emergency. niversary. Thank you and congratula- fense Management, coordinated White My hope is that Food Allergy Aware- tions. House policy on the Goldwater-Nichols ness Week can help the public to appre- f DOD Reorganization Act of 1986, and ciate the extent of the problem and, wrote the national security strategy VOTE EXPLANATION importantly, the severity of the dis- for President Reagan’s second term. ease. It is a health threat that affects Ms. WARREN. Madam President, Prior to assuming his current position, every race, age, income group and geo- during the period of April 15, 2013 Mr. Donley served as the Director of graphic area, and is growing at a through April 24, 2013, I was unavoid- Administration and Management in frightening pace. What the public in- ably absent from the following votes as the Office of the Secretary of Defense. creasingly needs to understand is that a result of events related to the tragic Air Force Secretary Michael Donley this is not simply an inconvenient con- terrorist bombings in Boston, MA—roll will retire from public service June 21, dition. As the tragic deaths of children call votes 96, 104, 105, 106, 108, 109, and after nearly 5 years in the position. each year show, it is frequently a life- 110. Had I been present, I would have Prior to his confirmation as the Sec- threatening disease. Food Allergy voted yes on vote 96 on the nomination retary of the Air Force, he served as Awareness Week is a first step to a bet- of Beverly Reid O’Connell of California, Acting Secretary—making him the ter understanding and a greater com- to be U.S. District Judge for the Cen- longest serving Secretary of the Air mitment to our response. tral District of California; no on vote Force in the service’s history. f 104 on Amendment No. 717 to S. 649, the Secretary Michael Donley’s leader- Safe Communities, Safe Schools Act of ship will be missed throughout the gov- BROTHERHOOD OF LOCOMOTIVE 2013; yes on vote 105 on Amendment No. ernment. I join many past and present ENGINEERS 150TH ANNIVERSARY 730 to S. 649, the Safe Communities, members of the Senate Armed Services Mr. DURBIN. Mr. President, I rise Safe Schools Act of 2013; yes on vote Committee in my gratitude to Sec- today to recognize a group of American 106 on the nomination of Derrick retary Donley for his outstanding lead- workers celebrating an impressive an- Kahala Watson, of Hawaii, to be United ership and his unwavering support of niversary this month. States District Judge for the District servicemembers. Secretary Donley’s

VerDate Mar 15 2010 02:36 May 16, 2013 Jkt 029060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.068 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3527 service has enabled the Air Force to thorizations bills, including three with- SALUTING OUR VETERANS continue to fly, fight, and win in air, in a span of 15 months. She oversaw the Mr. MANCHIN. Mr. President, I am space, and cyberspace. I wish him fair committee’s budget staff in drafting filled with so much pride every time I winds and following seas. the classified annexes to the bills, meet our military veterans who come f worked collaboratively with the intel- to the Nation’s capital to visit the me- ligence community agencies and the RECOGNIZING THE 65TH INFANTRY morials built to honor them and to Office of Management and Budget, and REGIMENT commemorate the wars in which they negotiated legislation with other Sen- served so courageously. Mr. NELSON. Mr President, today I ate and House committees. Today, 31 veterans from West Vir- wish to recognize and honor the ginia, representing three generations of achievements of the 65th Infantry Through her time with the com- warriors, are here to see the memorials Regiment known as the mittee, Peggy brought new and cre- that commemorate their sacrifice and ‘‘Borinqueneers’’ for their contribution ative proposals to the committee and valor and for a special ceremony hon- to the defense of our great Nation. was a fierce advocate for programs that oring World War II veterans. The Borinqueneers were a segregated she believed would provide greater ef- Puerto Rican Army unit which served fectiveness or efficiency to the intel- And on the occasion of their visit, I our Nation with great distinction dur- ligence community. She also worked want to express my deepest gratitude ing World War I, World War II, and the very closely with our committee’s to these special men who helped keep Korean war. The Borinqueneers served Technical Advisory Group, our science America free and made the world safer our Nation with valor during a period and technical advisors, especially in for liberty-loving people across our of history in which their own nation’s the group’s review of imagery sat- country and beyond our borders. sovereignty was dependent upon the ellites, which will no doubt come to be I also want to say how much I appre- United States. seen as being ahead of its time. ciate the Honor Flight Network, which, The Borinqueneers earned 10 Distin- Prior to coming to Capitol Hill, Ms. since 2005, has arranged for World War guished Service Crosses, 256 Silver Evans had served 13 years at the Cen- II, Korea and Vietnam veterans from Stars, 606 Bronze Stars, and 2,771 Pur- tral Intelligence Agency. Reflecting all over the country to visit the memo- ple Hearts. Six hundred and seventy her many skills, she worked in both rials in Washington—free of any cost to Borinqueneers gave the ultimate sac- the analysis and the operations side of the veterans. rifice for both Puerto Rico and the the CIA and also led covert action pro- In West Virginia, the driving forces United States. grams. Although we may not disclose behind the Honor Flight Network are After watching the Borinqueneers in the details, Peggy spent much of her the Denver Foundation and Little action during his visit to Tokyo, Gen- CIA career countering terrorist groups Buddy Radio, located in Princeton. eral Douglas MacArthur wrote the fol- and the proliferation of weapons of These nonprofits were founded by Bob lowing, mass destruction. Denver—also known as ‘‘Gilligan’’ from the iconic television show ‘‘Gilligan’s The Puerto Ricans forming the ranks Her next national security assign- of the gallant 65th Infantry Regiment Island’’—and his wife, Dreama, a West ment was in the White House Office of Virginia native. give daily proof on the battlefields of Management and Budget. During her 5 Korea of their courage, determination But it was Charlie Thomas Richard- years in that job, Peggy rose from a son, the Operations Manager at Little and resolute will to victory, their in- budget examiner to be Acting Deputy vincible loyalty to the United States Buddy Radio, who got the ball rolling Associate Director for National Secu- in West Virginia. He introduced the and their fervent devotion to those im- rity—the President’s senior civil serv- mutable principles of human relations Honor Flight Network to our State, ant adviser on the national security building on the organization estab- which the Americans of the Continent budget. and of Puerto Rico have in common. lished in 2005 by Earl Morse, a physi- They are writing a brilliant record of During her time in the private sec- cian assistant and retired Air Force heroism in battle and I am indeed tor, Peggy has also founded and led two Captain in Springfield, OH, to honor proud to have them under my com- companies, one that builds environ- the veterans he had cared for. mand. I wish that we could count on mentally sustainable homes and one The 31 veterans from West Virginia many more like them. that provides environmental con- visiting Washington today came from I would also like to honor the men sulting services to homeowners, build- Pocahontas, Raleigh, Greenbrier, Mer- and women of Puerto Rico, who wear ers, and facilities managers. These cer, Giles, Wyoming, Nicholas, Fayette the uniform of the United States mili- companies earned numerous Energy and Marion counties. tary to this day and continue the leg- Star and Green Home Choice Awards. They range in age from 63 to 94. And acy of the Borinqueneers. The She is a renaissance woman, skilled while their step has slowed, their spirit Borinqueneers have brought great cred- in public and private life, and the com- is keen, their pride is undiminished, it upon themselves, the U.S. Army, mittee wishes her continued success in and their patriotism is unbridled. Puerto Rico, and the United States of her professional endeavors as she re- Eleven served in World War II, one in America. turns to private life. World War II and Korea, 10 in Korea, f one in Korea and Vietnam, four in But Peggy’s devotion to the Nation’s Vietnam, and two in all three wars. TRIBUTE TO PEGGY EVANS security is matched by her dedication Two other veterans are serving as es- Mrs. FEINSTEIN. Mr. President, I to her family. Peggy and her husband corts for the group, along with three rise today to recognize the dedicated Roger Ney have raised six children and high school ROTC cadets. career and service to the Congress and guided them through college and into These brave West Virginians served the Nation of Ms. Margaret ‘‘Peggy’’ the start of their careers. With her re- this great country in a wide variety of Evans, who is retiring at the end of tirement, she will have more time to ways—as a B–24 pilot over Italy in this month after over 22 years of serv- spend with them and with her hobbies World War II; in a heavy mortar com- ice in both the executive and legisla- of reading, pottery, soccer, memorizing pany at ‘‘Heartbreak Ridge’’ in Korea; tive branches of our government. She arcana from the ‘‘Lord of the Rings,’’ as a helicopter door gunner in Viet- has dedicated most of her life to help- designing homes, and spending time at nam. ing keep our Nation and its citizens se- the beach. They stitched up wounds in hos- cure, and we honor her for her service. I am pleased to have the opportunity pitals; they assembled bombs; they in- Peggy is leaving the Senate as the to publicly thank Peggy and to note spected combat aircraft; they operated budget director of the Senate Select my appreciation for her dedicated and radios and radars; they cooked; and Committee on Intelligence. During her dignified efforts. We will miss your in- they built roads through jungles and 4 years on the committee, Peggy has sight and experience and your commit- bridges over rivers. been integral to the development and ment to pursuing the right policies to They won the Bronze Star, the Sol- passage of four annual intelligence au- protect our Nation. dier’s Medal, the Purple Heart and

VerDate Mar 15 2010 02:36 May 16, 2013 Jkt 029060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.027 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3528 CONGRESSIONAL RECORD — SENATE May 15, 2013 Presidential Citations. Some were lieu- women in law enforcement work tire- 2-year demonstration project, VA will tenants, some sergeants, some cor- lessly to protect our communities. be able to examine what outreach ac- porals. Some served abroad, some While it is often in emergencies that tivities work and reassess its outreach stateside. we remark at their courage and perse- strategy accordingly. But they all served this great coun- verance, we know that they remain Last month I was in Brooklyn, NY, try. No matter the war, no matter the vigilant every day. Especially this where I met two combat veterans from rank, no matter the duty, everyone of year, as our community recovers from the wars in Iraq and Afghanistan. One them answered America’s call. In our the cowardly and despicable terrorist was a U.S. Marine Corps captain and time of need, they stepped forward and attack in Boston last month, we ac- the other was a sergeant in the U.S. said, ‘‘I’ll do it—I’ll protect this coun- knowledge the hazards that our police Army. Both were receiving health care try.’’ officers face and the sacrifices that at VA and struggling to pay for their These heroic West Virginians came they make in the service of their com- copays. Similarly, both were unaware to Washington to tour our beautiful munities. We remember Sean Collier of their eligibility to receive 5 years of Capitol, the World War II Memorial, and pay respect to his family, to his free health care at VA following their the Korean War Memorial and the friends, and to his brothers and sisters most recent discharged from Active- Vietnam War Memorial. in the police force. Duty. Most displeasing was the lack of But the tour of the World War II Me- The members of our law enforcement understanding of this very same health morial is a little different than in the community have earned our respect, care benefit by senior VA officials who past. On the third Always Free Honor gratitude, and support. In Massachu- accompanied me that day. If senior VA Flight in less than a year, the visit will setts, we honor Andrew J. Tufts, Fred- officials are unaware of such a prin- include a special ceremony called erick G. Mercer, John W. Powers, cipal health care benefit available to combat veterans of the Iraq and Af- ‘‘Flags of Our Heroes’’ to honor World James A. Callahan Sr., Ryan Tvelia, ghanistan wars, much more remains to War II veterans who passed away be- Kevin E. Ambrose, Jose Torres, John P. be done inside and outside of VA to en- fore they could ever see their memo- Gibbons III, and Peter James Kneeland. sure veterans of all eras are informed rial. They are among 321 law enforcement Sadly, we are losing World War II and understand the benefits and serv- heroes who died in the line of duty, veterans at the rate of approximately ices they are entitled. whose names have been engraved this 800 per day—members of what we have I urge my colleagues to ask veterans spring on the National Law Enforce- come to recognize, and rightly so, as across their State and see how many the ‘‘Greatest Generation.’’ ment Officers Memorial here in Wash- understand all of the benefits and serv- This generation of Americans was ington, DC. ices available to them. For instance, united by a common purpose and by As we take this moment to thank our countless veterans across this Nation common values—duty, honor, courage, police officers for all that they do remain unaware that some of them service, integrity, love of family and every day, we are also reminded that may be entitled to one-time dental country. And their triumph over tyr- we must continue to work in Congress care if they apply at VA within 180 anny will be remembered forever. to make sure that our agencies have days of separation from Active Duty. The ‘‘Flags of Our Heroes’’ ceremony the resources they need in their impor- Little known benefits like this, can go involves taking a photograph of an tant work protecting our communities. a long way in placing our newest gen- American flag with a family photo of f eration of veterans on sound footing the deceased veteran in front of the VETERANS’ OUTREACH ACT OF following their exit from military serv- Memorial. The photo and an Honor 2013 ice. Other veterans may be eligible for Flight certificate will then be pre- no-cost or low-cost health care and Mr. SANDERS. Mr. President, as the sented to the family—a way to show medications if they meet eligibility re- chairman of the Senate Veterans’ Af- this Nation’s respect and regard for quirements for VA health care. To fairs Committee, I have pledged to im- their hero. claim this coverage they must enroll at This is such a fitting gesture be- prove outreach activities to better in- their local Department of Veterans Af- cause, at the northern end of the World form our Nation’s over 22 million vet- fairs medical center. These uncertain- War II Memorial, the words of General erans of the benefits to which they are ties surrounding VA health care eligi- George Marshall are inscribed, and entitled. bility will most certainly be com- Legislation I introduced last week, they are well worth remembering every pounded by the additional health care the Veterans’ Outreach Act of 2013, time we salute our veterans and every options that become available as we would authorize the Department of time this Nation prepares for war: approach implementation of the Af- ‘‘Our flag will be recognized through- Veterans Affairs to carry out a 2-year fordable Care Act. Veterans need to out the world as a symbol of freedom demonstration project to award grants know and understand their options. on the one hand and overwhelming to State and local government pro- The men and women who have sac- force on the other.’’ grams and nonprofit organizations to rificed so much in defense of this coun- May it ever be so, and may God bless improve the coordination and collabo- try deserve to know about the benefits the United States of America and all ration of veterans’ health care and ben- and care to which they are entitled, the men and women who keep us free. efit services across Federal, State, and and it is VA’s job to make sure they local assets. By providing State and f know. Simply knowing about benefits local government programs and non- in certain instances is not enough. If NATIONAL POLICE WEEK profit organizations the opportunity to VA is trying to reach rural veterans, Ms. WARREN. Mr. President, today, submit a grant proposal with stated knowing where and when a mobile vet we honor the service of our brave men goals and objectives, VA would be able center will visit your community is and women in the law enforcement to better leverage the countless serv- critical. If VA is trying to reach more community. As we look around at ices across the Nation that support and more veterans in the community, American flags flying at half-staff veterans and their family members. Fi- knowing when and where the local today, we remember those we have nally and most importantly, my legis- medical center or community-based lost. In the years since President John lation would require recipients to sub- outpatient clinic will hold events and F. Kennedy designated May 15th Peace mit outcomes data back to VA in order activities can drive up the number of Officers Memorial Day, and the week to document a recipient’s ability to in- veterans in attendance. Furthermore, in which that date falls National Police crease awareness, efficiency, and effec- VA needs to do more to proactively Week, tens of thousands of people from tiveness of Federal, State, and local identify outreach efforts that work lo- departments throughout the United outreach activities; enhance the avail- cally while leveraging the countless States and agencies around the world ability of Federal, State, and local re- services supporting veterans that are have come to Washington, DC., to sources for veterans; and strengthen made available by organizations all mark this day. the overall culture of community- across the country. As they say, there is no such thing as based support within a given commu- Highly able and willing organizations an off-duty police officer. Our men and nity across our great Nation. With this and agencies are already providing

VerDate Mar 15 2010 02:36 May 16, 2013 Jkt 029060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.029 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3529 quality social services and outreach senior provost and chief executive offi- ing volunteers in the projects to which into communities across the Nation. cer of Touro University’s Western Divi- she was so devoted. Some of these organizations report a sion. After more than three decades of Born in Germany, Danielle’s love for lack of coordination and collaboration dedication to excellence in higher edu- all things international began long be- with local VA facilities. Additionally, cation, Dr. Harter is retiring. My home fore her days as a Peace Corps volun- many small nonprofits and local orga- State of Nevada has benefited tremen- teer. She studied abroad in South nizations sometimes lack the addi- dously from Dr. Harter’s contributions Korea and Haiti, where she learned Ko- tional resources needed to strategi- as a researcher, educator and advocate. rean and Spanish. cally develop guidance and partner- As he enters retirement, Dr. Harter Danielle was clearly a bright and ships with and across Federal, State, leaves an inspiring legacy of leadership gifted individual. She graduated from and local assets. More effective and lo- that will be long felt in the lives and Brown University in 2010 with a bach- calized outreach will better address the careers of the countless medical profes- elor’s degree in neuroscience. She tu- community-based needs of today’s vet- sionals he helped to educate. tored young students at the Academy erans and do so in a cost-efficient way. Since 2004, Dr. Michael Harter has at Harvard Square in Cambridge, MA, This legislation goes beyond author- shown exceptional commitment as the and she was a swim instructor for stu- izing VA to issue grants. This legisla- administrative and academic head of dents with asthma. tion would also allow VA to enter into Touro University’s Western Division, Danielle Dunlap was a model of serv- cooperative agreements and arrange- including its Nevada campus. He not ice and character, and it is Americans ments with various State agencies to only helped to establish Touro Univer- such as her who make this country carry out, improve, or enhance out- sity Nevada, but his leadership and vi- great. The Nation mourns the loss of reach activities for veterans. Simply sion has also contributed to Touro’s dean incredible individual at such a put, if a State is already supporting velopment as one of the fastest grow- young age, and my heart and my pray- our Nation’s veterans, then this legis- ing medical schools in the region. De- ers go out to Danielle’s family and lation would allow VA to reinforce the spite significant challenges associated friends.∑ bond between Federal and State re- with rising costs and a difficult eco- f sources to ensure local veterans out- nomic climate, Dr. Harter has shown RECOGNIZING KELO-TV reach activities are streamlined and remarkable perseverance and commit- cost-avoidances identified. ment, and he has enhanced Touro Uni- ∑ Mr. JOHNSON of South Dakota. Mr. One thing is undeniable, and that is versity’s reputation as an institution. President, today I wish to honor KELO- that VA should be making every effort Prior to his tenure at Touro Univer- TV, a South Dakota institution, for 60 to ensure veterans are aware of the sity, Dr. Harter served as vice dean of years of excellence in broadcasting. benefits and services afforded to them. the University of Nevada School of Since 1953, South Dakotans have I recently held a committee hearing Medicine, and he was also the founding turned to KELO for reliable news and where we heard about some of the executive director of Family Develop- information about their local commu- progress the Department has made in ment Programs, Inc. of Ohio. In addi- nities. addressing the important issue of out- tion to his educational experience, Dr. Theater promoter Joe L. Floyd had a reach. We also heard from community- Harter has served Nevada’s medical vision of providing all South Dakotans, based organizations that are coordi- profession and health care community even those in the most isolated parts of nating and collaborating across Fed- as a passionate and dedicated advocate, our State, with access to television eral, State, and local levels to leverage and has received numerous recogni- programming. Volatile weather and resources in order to provide cost-effec- tions and awards for his service. The vast distances made this no easy feat. tive programs. But what struck me the Nevada State legislature recently rec- Tornadoes caused towers to collapse in most was the steadfastness with which ognized Dr. Harter for his ‘‘dedication the early years, but the dedicated each of these community-based organi- and contributions to the elevation of KELO team always restored service zations identifies veterans and links the educational system in Nevada to promptly. them to the Federal, State, and local the highest caliber.’’ On May 19, 1953, KELO-TV made its benefits and services they are entitled. I want to acknowledge and thank Dr. inaugural broadcast and South Dako- Widely available information and a Michael Harter for his many years of ta’s first television station was born. clear understanding of the information dedicated service as an educator, re- Dave Dedrick signed KELO on the air are two basic components of effective searcher, administrator, and commu- for the first time. ‘‘Serving the mighty outreach. If our Nation’s veterans are Sioux Empire, this is KELO-TV Chan- to take full advantage of the benefits nity advocate. I ask my colleagues to join me in congratulating Dr. Harter nel 11 Sioux Falls,’’ he boomed. and service they have earned, effective Dedrick became the face of the net- outreach is indispensable. When our on his retirement, and in wishing him many successful and fulfilling years to work, not only as the station’s long- Nation’s over 22 million veterans are ∑ time weatherman but as Captain 11, a able to take advantage of these bene- come. f fictional character in KELO’s hugely fits and services, they more often than popular afterschool children’s program. not are placed on a positive path to- REMEMBERING DANIELLE DUNLAP Captain 11 ran for nearly 42 years, ward an encouraging future. ∑ Mr. ISAKSON. Mr. President, I wish making it America’s longest running Mr. President, we have made a sol- to honor in the RECORD Miss Danielle children’s program. emn commitment to aid veterans after Dunlap of Atlanta, GA. A few weeks KELO has always grown with the they leave military service. We can ago, I was very saddened to learn of the times and strived to bring the latest only honor this commitment if vet- passing of this 25-year-old Peace Corps technological innovations to their erans and their families are aware of volunteer, who was known as ‘‘Dani’’ viewers. In 1955, KELO began to broad- the benefits and services available to by her overseas community. Danielle cast the news live from the second them. This legislation would strength- was stationed in Ghana when her life floor of the Hollywood Theater build- en VA’s outreach and support the orga- was cut tragically short by illness. ing. KELO aired the first live telecast nizations and agencies that seek to Like so many of our Peace Corps vol- of a sporting event in South Dakota in stand shoulder to shoulder with VA in unteers, she was a role model who dedi- 1957. In 1968, KELO pushed the envelope support of our nation’s heroes. cated her life to serving others. During yet again by becoming the first station f her time in Ghana, Danielle touched in the area to broadcast live and in ADDITIONAL STATEMENTS the lives of individuals and families in color. Every step of the way, KELO has Ghana by working with them to im- gone to great lengths to provide the prove their lives in the areas of nutri- best programming for all South Dako- TRIBUTE TO MICHAEL HARTER, tion, HIV/AIDS, malaria, and sanita- tans. In 1991, as soon as the technology PH.D., M.S. ED. tion. Her colleagues in Ghana said that became available, KELO began to ∑ Mr. HELLER. Mr. President, today I she was proud of her role as a volunteer closed-caption of many of their pro- wish to recognize Dr. Michael Harter, trainer, helping to mentor newly arriv- grams to better serve deaf and hearing-

VerDate Mar 15 2010 03:19 May 16, 2013 Jkt 029060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.025 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3530 CONGRESSIONAL RECORD — SENATE May 15, 2013 impaired viewers. In 1997, KELO in- announced that the Speaker has signed (RIN2137–AE83) received during adjournment stalled the first live Doppler radar net- the following enrolled bill: of the Senate in the Office of the President of the Senate on May 2, 2013; to the Com- work in South Dakota. This innovation H.R. 360. An act to award posthumously a mittee on Commerce, Science, and Transpor- Congressional Gold Medal to Addie Mae Col- was crucial in providing South Dako- tation. tans with the most accurate storm lins, Denise McNair, Carole Robertson, and EC–1501. A communication from the Assist- forecasts so they could protect them- Cynthia Wesley to commemorate the lives ant Chief Counsel for Hazardous Materials selves and their families. In 2003, HDTV they lost 50 years ago in the bombing of the Safety, Pipeline and Hazardous Materials came to KELOLAND and in 2009, KELO Sixteenth Street Baptist Church, where Safety Administration, Department of these 4 little Black girls’ ultimate sacrifice Transportation, transmitting, pursuant to made the transition to a digital-only served as a catalyst for the Civil Rights signal. law, the report of a rule entitled ‘‘Hazardous Movement. Materials: Revision of Maximum and Min- KELO has garnered national recogni- The enrolled bill was subsequently imum Civil Penalties’’ (RIN2137–AE96) re- tion for superior news coverage and signed by the President pro tempore ceived during adjournment of the Senate in their commitment to the community. (Mr. LEAHY). the Office of the President of the Senate on The National Association of Broad- May 2, 2013; to the Committee on Commerce, casters, NAB, honored KELO with the f Science, and Transportation. ‘‘Friend in Need’’ Service to America MEASURES REFERRED EC–1502. A communication from the Assist- Award in 1999 for exceptional coverage ant Chief Counsel for Hazardous Materials The following bill was read the first Safety, Pipeline and Hazardous Materials of the devastating tornado that ripped and the second times by unanimous Safety Administration, Department of through Spencer, SD. Not only did consent, and referred as indicated: Transportation, transmitting, pursuant to KELO’s advance coverage save lives, law, the report of a rule entitled ‘‘Hazardous H.R. 1580. An act to affirm the policy of the Materials: Miscellaneous Petitions for Rule- but money raised from their telethon United States regarding Internet govern- making (RRR)’’ (RIN2137–AE79) received dur- helped victims to rebuild the town. In ance; to the Committee on Commerce, ing adjournment of the Senate in the Office 2000, KELO received a national Emmy Science, and Transportation. Award for its ‘‘Tradition of Caring’’ of the President of the Senate on May 2, 2013; f to the Committee on Commerce, Science, public service campaign. Employees at and Transportation. the station starred in public service an- MEASURES PLACED ON THE EC–1503. A communication from the Assist- nouncements to raise awareness for CALENDAR ant Chief Counsel for Hazardous Materials local organizations in need. The pro- The following bill was read the sec- Safety, Pipeline and Hazardous Materials gram continues to highlight organiza- ond time, and placed on the calendar: Safety Administration, Department of tions across South Dakota to this day. Transportation, transmitting, pursuant to S. 953. A bill to amend the Higher Edu- law, the report of a rule entitled ‘‘Hazardous In 2004, KELO was honored with the cation Act of 1965 to extend the reduced in- Materials: Harmonization with International Edward R. Murrow Award, one of the terest rate for undergraduate Federal Direct Standards (RRR)’’ (RIN2137–AE87) received most prestigious awards in the indus- Stafford Loans, to modify required distribu- during adjournment of the Senate in the Of- try, for coverage of the 2003 tornado tion rules for pension plans, to limit earn- fice of the President of the Senate on May 2, outbreak known as ‘‘Tornado Tues- ings stripping by expatriated entities, to pro- 2013; to the Committee on Commerce, day.’’ vide for modifications related to the Oil Spill Science, and Transportation. Liability Trust Fund, and for other purposes. Over 60 years of broadcasting KELO EC–1504. A communication from the Attor- f ney-Advisor, U.S. Coast Guard, Department has earned the public’s trust through a of Homeland Security, transmitting, pursu- dedication to journalistic excellence. EXECUTIVE AND OTHER ant to law, the report of a rule entitled South Dakotans rely on KELO to stay COMMUNICATIONS ‘‘Safety Zone; 12th Annual Saltwater Classic; Port Canaveral Harbor; Port Canaveral, FL’’ connected to their communities. The following communications were Whether it be news, sports, or weather, ((RIN1625–AA00) (Docket No. USCG–2013– laid before the Senate, together with 0200)) received during adjournment of the KELO delivers the information that accompanying papers, reports, and doc- South Dakotans need most. It is a Senate in the Office of the President of the uments, and were referred as indicated: Senate on May 1, 2013; to the Committee on great honor to recognize KELO-TV for Commerce, Science, and Transportation. 60 years of community partnership, and EC–1498. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department EC–1505. A communication from the Attor- I wish them many years of continued of Homeland Security, transmitting, pursu- ney-Advisor, U.S. Coast Guard, Department success.∑ ant to law, the report of a rule entitled ‘‘Spe- of Homeland Security, transmitting, pursuant to law, the report of a rule entitled f cial Local Regulation; Tuscaloosa Dragon Boat Races; Black Warrior River; Tusca- ‘‘Safety Zone; XA The Experimental Agency MESSAGES FROM THE HOUSE loosa, AL’’ ((RIN1625–AA08) (Docket No. Fireworks, Pier 34, East River, NY’’ USCG–2013–0190)) received during adjourn- ((RIN1625–AA00) (Docket No. USCG–2013– At 11:34 a.m., a message from the 0208)) received during adjournment of the House of Representatives, delivered by ment of the Senate in the Office of the Presi- dent of the Senate on May 1, 2013; to the Senate in the Office of the President of the Senate on May 1, 2013; to the Committee on Mr. Novotny, one of its reading clerks, Committee on Commerce, Science, and Commerce, Science, and Transportation. announced that the House has passed Transportation. the following bills, in which it requests EC–1506. A communication from the Attor- EC–1499. A communication from the Assist- ney-Advisor, U.S. Coast Guard, Department the concurrence of the Senate: ant Chief Counsel for Hazardous Materials of Homeland Security, transmitting, pursu- H.R. 180. An act to encourage, enhance, and Safety, Pipeline and Hazardous Materials ant to law, the report of a rule entitled integrate Blue Alert plans throughout the Safety Administration, Department of ‘‘Safety Zones; Fireworks Displays in Cap- United States in order to disseminate infor- Transportation, transmitting, pursuant to tain of the Port Long Island Sound Zone’’ mation when a law enforcement officer is se- law, the report of a rule entitled ‘‘Hazardous ((RIN1625–AA00) (Docket No. USCG–2013– riously injured or killed in the line of duty. Materials: Miscellaneous Amendments 0227)) received during adjournment of the H.R. 1580. An act to affirm the policy of the (RRR)’’ (RIN2137–AE78) received during ad- Senate in the Office of the President of the United States regarding Internet govern- journment of the Senate in the Office of the Senate on May 1, 2013; to the Committee on ance. President of the Senate on May 2, 2013; to the Commerce, Science, and Transportation. Committee on Commerce, Science, and The message also announced that the EC–1507. A communication from the Attor- Transportation. ney-Advisor, U.S. Coast Guard, Department House agreed to the following concur- EC–1500. A communication from the Assist- of Homeland Security, transmitting, pursu- rent resolution, without amendment: ant Chief Counsel for Hazardous Materials ant to law, the report of a rule entitled S. Con. Res. 10. Concurrent resolution au- Safety, Pipeline and Hazardous Materials ‘‘Safety Zone; Atlantic Intracoastal Water- thorizing the use of Emancipation Hall in Safety Administration, Department of way; Wrightsville Beach, NC’’ ((RIN1625– the Capitol Visitor Center for an event to Transportation, transmitting, pursuant to AA00) (Docket No. USCG–2012–1082)) received celebrate the birthday of King Kamehameha. law, the report of a rule entitled ‘‘Hazardous during adjournment of the Senate in the Of- Materials: Harmonization with the United fice of the President of the Senate on May 1, f Nations Recommendations on the Transport 2013; to the Committee on Commerce, ENROLLED BILL SIGNED of Dangerous Goods: Model Regulations, Science, and Transportation. International Maritime Dangerous Goods EC–1508. A communication from the Attor- At 1:34 p.m., a message from the Code, and the International Civil Aviation ney-Advisor, U.S. Coast Guard, Department House of Representatives, delivered by Organization Technical Instructions for the of Homeland Security, transmitting, pursu- Mr. Novotny, one of its reading clerks, Safe Transport of Dangerous Goods by Air’’ ant to law, the report of a rule entitled

VerDate Mar 15 2010 02:36 May 16, 2013 Jkt 029060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MY6.022 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3531 ‘‘Safety Zone; Corp. Event Finale UHC, St. of Homeland Security, transmitting, pursu- Comprehensive Ethics Reform Amendment Thomas Harbor; St. Thomas, U.S.V.I.’’ ant to law, the report of a rule entitled ‘‘Spe- Act of 2011’’; to the Committee on Homeland ((RIN1625–AA00) (Docket No. USCG–2013– cial Local Regulation: Hebda Cup Rowing Security and Governmental Affairs. 0086)) received during adjournment of the Regatta, Trenton Channel; Detroit River, EC–1525. A communication from the Acting Senate in the Office of the President of the Wyandotte, MI’’ ((RIN1625–AA08) (Docket No. Director of the Office of Regulatory Affairs Senate on May 1, 2013; to the Committee on USCG–2013–0211)) received during adjourn- and Collaborative Action, Bureau of Indian Commerce, Science, and Transportation. ment of the Senate in the Office of the Presi- Affairs, Department of the Interior, trans- EC–1509. A communication from the Attor- dent of the Senate on May 1, 2013; to the mitting, pursuant to law, the report of a rule ney-Advisor, U.S. Coast Guard, Department Committee on Commerce, Science, and entitled ‘‘Residential, Business, and Wind of Homeland Security, transmitting, pursu- Transportation. and Solar Resource Leases on Indian Land’’ ant to law, the report of a rule entitled EC–1517. A communication from the Attor- (RIN1076–AE73) received during adjournment ‘‘Safety Zone; Blue Water Resort and Casino ney-Advisor, U.S. Coast Guard, Department of the Senate in the Office of the President West Coast Nationals; Parker, AZ’’ of Homeland Security, transmitting, pursu- of the Senate on May 10, 2013; to the Com- ((RIN1625–AA00) (Docket No. USCG–2013– ant to law, the report of a rule entitled mittee on Indian Affairs. 0095)) received during adjournment of the ‘‘Drawbridge Operation Regulations; North EC–1526. A communication from the Sec- Senate in the Office of the President of the Carolina Cut, Atlantic Intracoastal Water- retary of Health and Human Services, trans- Senate on May 1, 2013; to the Committee on way, Wrightsville Beach, NC’’ ((RIN1625– mitting, pursuant to law, a report entitled, Commerce, Science, and Transportation. AA09) (Docket No. USCG–2013–0197)) received ‘‘Report to Congress on the Social and Eco- EC–1510. A communication from the Attor- during adjournment of the Senate in the Of- nomic Conditions of Native Americans: Fis- ney-Advisor, U.S. Coast Guard, Department fice of the President of the Senate on May 1, cal Years 2007 and 2008’’; to the Committee of Homeland Security, transmitting, pursu- 2013; to the Committee on Commerce, on Indian Affairs. ant to law, the report of a rule entitled Science, and Transportation. ‘‘Safety Zone; V.I. Carnival Finale, St. EC–1518. A communication from the Pro- f Thomas Harbor; St. Thomas, U.S.V.I.’’ gram Analyst, National Highway Traffic INTRODUCTION OF BILLS AND ((RIN1625–AA00) (Docket No. USCG–2013– Safety Administration, Department of JOINT RESOLUTIONS 0085)) received during adjournment of the Transportation, transmitting, pursuant to Senate in the Office of the President of the law, the report of a rule entitled ‘‘Federal The following bills and joint resolu- Senate on May 1, 2013; to the Committee on Motor Vehicle Safety Standards; Matters In- tions were introduced, read the first Commerce, Science, and Transportation. corporated by Reference’’ (RIN2127–AL25) re- and second times by unanimous con- EC–1511. A communication from the Attor- ceived during adjournment of the Senate in ney-Advisor, U.S. Coast Guard, Department sent, and referred as indicated: the Office of the President of the Senate on of Homeland Security, transmitting, pursu- By Mr. THUNE (for himself and Mr. May 2, 2013; to the Committee on Commerce, ant to law, the report of a rule entitled CASEY): Science, and Transportation. S. 955. A bill to amend the Public Health ‘‘Safety Zones; Annual Fireworks Events in EC–1519. A communication from the Pro- Service Act to provide liability protections the Captain of the Port Buffalo Zone’’ gram Analyst, National Highway Traffic for volunteer practitioners at health centers ((RIN1625–AA00) (Docket No. USCG–2012– Safety Administration, Department of under section 330 of such Act; to the Com- 1084)) received during adjournment of the Transportation, transmitting, pursuant to mittee on Health, Education, Labor, and Senate in the Office of the President of the law, the report of a rule entitled ‘‘Organiza- Senate on May 1, 2013; to the Committee on Pensions. tion and Delegation of Duties’’ (RIN2127– Commerce, Science, and Transportation. By Mr. PAUL: AL44) received during adjournment of the EC–1512. A communication from the Attor- S. 956. A bill to permanently suspend appli- Senate in the Office of the President of the ney-Advisor, U.S. Coast Guard, Department cation of certain agricultural price support Senate on May 2, 2013; to the Committee on of Homeland Security, transmitting, pursu- authority; to the Committee on Agriculture, ant to law, the report of a rule entitled Commerce, Science, and Transportation. EC–1520. A communication from the Regu- Nutrition, and Forestry. ‘‘Safety Zone; Pasquotank River; Elizabeth latory Ombudsman, Federal Motor Carrier By Mr. BENNET (for himself, Mr. City, NC’’ ((RIN1625–AA00) (Docket No. Safety Administration, Department of BURR, Mr. HARKIN, Mr. ALEXANDER, USCG–2013–0259)) received during adjourn- Transportation, transmitting, pursuant to and Mr. ISAKSON): ment of the Senate in the Office of the Presi- law, the report of a rule entitled ‘‘Self-Re- S. 957. A bill to amend the Federal Food, dent of the Senate on May 1, 2013; to the porting of Out-of-State Convictions’’ Drug, and Cosmetic Act with respect to the Committee on Commerce, Science, and pharmaceutical distribution supply chain; to Transportation. (RIN2126–AB43) received during adjournment of the Senate in the Office of the President the Committee on Health, Education, Labor, EC–1513. A communication from the Attor- and Pensions. ney-Advisor, U.S. Coast Guard, Department of the Senate on May 2, 2013; to the Com- mittee on Commerce, Science, and Transpor- By Mr. UDALL of Colorado (for him- of Homeland Security, transmitting, pursu- self, Mr. BLUNT, Mr. BENNET, Mr. VIT- ant to law, the report of a rule entitled ‘‘Spe- tation. EC–1521. A communication from the Assist- TER, Ms. BALDWIN, and Mr. BEGICH): cial Local Regulations: Moss Point Rockin’ S. 958. A bill to amend the Internal Rev- the Riverfront Festival; Robertson Lake and ant Secretary for Legislative Affairs, De- partment of Homeland Security, transmit- enue Code of 1986 to reduce the tax on beer to O’Leary Lake; Moss Point, MS’’ ((RIN1625– its pre-1991 level, and for other purposes; to AA08) (Docket No. USCG–2013–0015)) received ting, pursuant to law, a report entitled ‘‘2012 Annual Progress Report on the National the Committee on Finance. during adjournment of the Senate in the Of- By Mr. HARKIN (for himself, Mr. fice of the President of the Senate on May 1, Strategy for Transportation Security’’; to ALEXANDER, Mr. ROBERTS, Mr. 2013; to the Committee on Commerce, the Committee on Commerce, Science, and FRANKEN, and Ms. MIKULSKI): Science, and Transportation. Transportation. S. 959. A bill to amend the Federal Food, EC–1514. A communication from the Attor- EC–1522. A communication from the Acting ney-Advisor, U.S. Coast Guard, Department Associate General Counsel for General Law, Drug, and Cosmetic Act with respect to of Homeland Security, transmitting, pursu- Office of the General Counsel, Department of compounding drugs; to the Committee on ant to law, the report of a rule entitled ‘‘Spe- Homeland Security, transmitting, pursuant Health, Education, Labor, and Pensions. cial Local Regulations: West Palm Beach to law, a report relative to a vacancy in the By Mr. MENENDEZ (for himself and Triathlon Championship, Intracoastal Wa- position of Deputy Secretary, Department of Mr. CORKER): terway; West Palm Beach, FL’’ ((RIN1625– Homeland Security, received in the Office of S. 960. A bill to foster stability in Syria, AA08) (Docket No. USCG–2012–0552)) received the President of the Senate on May 13, 2013; and for other purposes; to the Committee on during adjournment of the Senate in the Of- to the Committee on Homeland Security and Foreign Relations. fice of the President of the Senate on May 1, Governmental Affairs. By Mr. BLUNT: 2013; to the Committee on Commerce, EC–1523. A communication from the Acting S. 961. A bill to improve access to emer- Science, and Transportation. Associate General Counsel for General Law, gency medical services, and for other pur- EC–1515. A communication from the Attor- Office of the General Counsel, Department of poses; to the Committee on Health, Edu- ney-Advisor, U.S. Coast Guard, Department Homeland Security, transmitting, pursuant cation, Labor, and Pensions. of Homeland Security, transmitting, pursu- to law, a report relative to a vacancy in the By Mr. HELLER (for himself, Mr. ant to law, the report of a rule entitled ‘‘Spe- position of Under Secretary, National Pro- INHOFE, Mr. VITTER, and Mr. RUBIO): cial Local Regulations: Third Annual Space tection and Programs Directorate, Depart- S. 962. A bill to prohibit amounts made Coast Super Boat Grand Prix, Atlantic ment of Homeland Security, received in the available by the Patient Protection and Af- Ocean; Cocoa Beach, FL’’ ((RIN1625–AA08) Office of the President of the Senate on May fordable Care Act and the Health Care and (Docket No. USCG–2013–0071)) received dur- 13, 2013; to the Committee on Homeland Se- Education Reconciliation Act of 2010 from ing adjournment of the Senate in the Office curity and Governmental Affairs. being transferred to the Internal Revenue of the President of the Senate on May 1, 2013; EC–1524. A communication from the Chair- Service for implementation of such Acts; to to the Committee on Commerce, Science, man of the Council of the District of Colum- the Committee on Finance. and Transportation. bia, transmitting, pursuant to law, a report By Mr. COBURN (for himself, Mr. EC–1516. A communication from the Attor- on D.C. Act 19–124 ‘‘Board of Ethics and Gov- BURR, Mr. GRAHAM, Mr. ISAKSON, and ney-Advisor, U.S. Coast Guard, Department ernment Accountability Establishment and Mr. BARRASSO):

VerDate Mar 15 2010 02:36 May 16, 2013 Jkt 029060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MY6.024 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3532 CONGRESSIONAL RECORD — SENATE May 15, 2013 S. 963. A bill preventing an unrealistic fu- Affairs for veterans with mental health S. 557 ture Medicaid augmentation plan; to the conditions related to military sexual At the request of Mrs. HAGAN, the Committee on Finance. trauma, and for other purposes. name of the Senator from New Mexico By Mrs. MCCASKILL (for herself and S. 309 (Mr. HEINRICH) was added as a cospon- Ms. KLOBUCHAR): S. 964. A bill to require a comprehensive re- At the request of Mr. HARKIN, the sor of S. 557, a bill to amend title XVIII view of the adequacy of the training, quali- names of the Senator from South Caro- of the Social Security Act to improve fications, and experience of the Department lina (Mr. GRAHAM), the Senator from access to medication therapy manage- of Defense personnel responsible for sexual Hawaii (Mr. SCHATZ), the Senator from ment under part D of the Medicare pro- assault prevention and response for the Louisiana (Mr. VITTER), the Senator gram. Armed Forces, and for other purposes; to the from South Dakota (Mr. JOHNSON), the S. 603 Committee on Armed Services. Senator from Tennessee (Mr. ALEX- By Mr. INHOFE (for himself, Mr. At the request of Mr. BARRASSO, the ANDER), the Senator from Wyoming MCCONNELL, Mr. CORNYN, Mr. name of the Senator from South Caro- WICKER, Mr. RISCH, Mr. BOOZMAN, Mr. (Mr. BARRASSO), the Senator from lina (Mr. SCOTT) was added as a cospon- BURR, Mr. HOEVEN, Mr. COATS, Mr. Georgia (Mr. ISAKSON), the Senator sor of S. 603, a bill to repeal the annual HATCH, and Mr. LEE): from North Carolina (Mr. BURR), the fee on health insurance providers en- S. 965. A bill to eliminate oil exports from Senator from West Virginia (Mr. acted by the Patient Protection and Iran by expanding domestic production; to ROCKEFELLER), the Senator from Ne- Affordable Care Act. the Committee on Energy and Natural Re- braska (Mrs. FISCHER), the Senator sources. S. 653 from North Dakota (Mr. HOEVEN), the By Mr. CARDIN (for himself and Mr. At the request of Mr. BLUNT, the Senator from Colorado (Mr. UDALL), ENZI): name of the Senator from Indiana (Mr. the Senator from Texas (Mr. CORNYN) S. 966. A bill to amend the Internal Rev- COATS) was added as a cosponsor of S. enue Code of 1986 to increase participation in and the Senator from Connecticut (Mr. 653, a bill to provide for the establish- medical flexible spending arrangements; to MURPHY) were added as cosponsors of ment of the Special Envoy to Promote the Committee on Finance. S. 309, a bill to award a Congressional Religious Freedom of Religious Minori- f Gold Medal to the World War II mem- ties in the Near East and South Cen- bers of the Civil Air Patrol. tral Asia. SUBMISSION OF CONCURRENT AND S. 313 S. 654 SENATE RESOLUTIONS At the request of Mr. CASEY, the At the request of Ms. LANDRIEU, the The following concurrent resolutions name of the Senator from New York name of the Senator from Maine (Ms. and Senate resolutions were read, and (Mr. SCHUMER) was added as a cospon- COLLINS) was added as a cosponsor of S. referred (or acted upon), as indicated: sor of S. 313, a bill to amend the Inter- 654, a bill to amend the Internal Rev- nal Revenue Code of 1986 to provide for By Mr. GRAHAM (for himself, Mr. enue Code of 1986 to provide for colle- HOEVEN, Mr. WHITEHOUSE, Mr. the tax treatment of ABLE accounts giate housing and infrastructure BEGICH, Ms. HEITKAMP, Ms. MUR- established under State programs for grants. KOWSKI, and Mrs. BOXER): the care of family members with dis- S. Res. 142. A resolution designating May abilities, and for other purposes. S. 655 15, 2013, as ‘‘National MPS Awareness Day’’; S. 351 At the request of Mrs. GILLIBRAND, considered and agreed to. At the request of Mr. CORNYN, the the name of the Senator from Ohio f name of the Senator from South Caro- (Mr. BROWN) was added as a cosponsor of S. 655, a bill to amend the Workforce ADDITIONAL COSPONSORS lina (Mr. SCOTT) was added as a cosponsor of S. 351, a bill to repeal the provi- Investment Act of 1998 to authorize the S. 13 sions of the Patient Protection and Af- Secretary of Labor to provide grants At the request of Mr. GRAHAM, the fordable Care Act of providing for the for Urban Jobs Programs, and for other name of the Senator from Louisiana Independent Payment Advisory Board. purposes. (Mr. VITTER) was added as a cosponsor S. 367 S. 700 of S. 13, a bill to authorize the Sec- At the request of Mr. CARDIN, the At the request of Mr. KAINE, the retary of Health and Human Services, name of the Senator from Massachu- name of the Senator from New York acting through the Administrator of setts (Ms. WARREN) was added as a co- (Mrs. GILLIBRAND) was added as a co- the Health Resources and Services Ad- sponsor of S. 367, a bill to amend title sponsor of S. 700, a bill to ensure that ministration, to award grants on a XVIII of the Social Security Act to re- the education and training provided competitive basis to public and private peal the Medicare outpatient rehabili- members of the Armed Forces and vet- entities to provide qualified sexual risk tation therapy caps. erans better assists members and vet- avoidance education to youth and their S. 403 erans in obtaining civilian certifi- parents. At the request of Mr. CASEY, the cations and licenses, and for other pur- S. 22 name of the Senator from Massachu- poses. At the request of Ms. MIKULSKI, her setts (Ms. WARREN) was added as a co- S. 731 name was added as a cosponsor of S. 22, sponsor of S. 403, a bill to amend the At the request of Mr. MANCHIN, the a bill to establish background check Elementary and Secondary Education name of the Senator from Massachu- procedures for gun shows. Act of 1965 to address and take action setts (Ms. WARREN) was added as a co- S. 170 to prevent bullying and harassment of sponsor of S. 731, a bill to require the At the request of Ms. MURKOWSKI, the students. Board of Governors of the Federal Re- name of the Senator from Louisiana S. 460 serve System, the Federal Deposit In- (Mr. VITTER) was added as a cosponsor At the request of Mr. HARKIN, the surance Corporation, and the Office of of S. 170, a bill to recognize the herit- name of the Senator from New Mexico the Comptroller of the Currency to age of recreational fishing, hunting, (Mr. HEINRICH) was added as a cospon- conduct an empirical impact study on and recreational shooting on Federal sor of S. 460, a bill to provide for an in- proposed rules relating to the Inter- public land and ensure continued op- crease in the Federal minimum wage. national Basel III agreement on gen- portunities for those activities. S. 512 eral risk-based capital requirements, S. 294 At the request of Mr. GRASSLEY, the as they apply to community banks. At the request of Mr. TESTER, the name of the Senator from Connecticut S. 734 names of the Senator from Virginia (Mr. BLUMENTHAL) was added as a co- At the request of Mr. NELSON, the (Mr. WARNER) and the Senator from sponsor of S. 512, a bill to amend the name of the Senator from New Jersey New Mexico (Mr. HEINRICH) were added Elementary and Secondary Education (Mr. LAUTENBERG) was added as a co- as cosponsors of S. 294, a bill to amend Act of 1965 to aid gifted and talented sponsor of S. 734, a bill to amend title title 38, United States Code, to improve and high-ability learners by empow- 10, United States Code, to repeal the the disability compensation evaluation ering the Nation’s teachers, and for requirement for reduction of survivor procedure of the Secretary of Veterans other purposes. annuities under the Survivor Benefit

VerDate Mar 15 2010 02:36 May 16, 2013 Jkt 029060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MY6.026 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE May 15, 2013 CONGRESSIONAL RECORD — SENATE S3533 Plan by veterans’ dependency and in- DURBIN), the Senator from Hawaii (Ms. S. 947 demnity compensation. HIRONO) and the Senator from Iowa At the request of Mrs. HAGAN, the S. 761 (Mr. HARKIN) were added as cosponsors name of the Senator from Oregon (Mr. At the request of Mrs. SHAHEEN, the of S. 871, a bill to amend title 10, MERKLEY) was added as a cosponsor of names of the Senator from Virginia United States Code, to enhance assist- S. 947, a bill to ensure access to certain (Mr. WARNER) and the Senator from ance for victims of sexual assault com- information for financial services in- New Hampshire (Ms. AYOTTE) were mitted by members of the Armed dustry regulators, and for other pur- added as cosponsors of S. 761, a bill to Forces, and for other purposes. poses. promote energy savings in residential S. 892 S. 953 At the request of Mr. REED, the and commercial buildings and indus- At the request of Mr. KIRK, the name try, and for other purposes. of the Senator from Georgia (Mr. names of the Senator from Michigan (Ms. STABENOW), the Senator from New S. 762 CHAMBLISS) was added as a cosponsor of Jersey (Mr. LAUTENBERG), the Senator At the request of Mr. THUNE, the S. 892, a bill to amend the Iran Threat from Rhode Island (Mr. WHITEHOUSE), name of the Senator from Alabama Reduction and Syria Human Rights the Senator from Virginia (Mr. KAINE), (Mr. SESSIONS) was added as a cospon- Act of 2012 to impose sanctions with re- the Senator from Massachusetts (Ms. sor of S. 762, a bill to amend the Food spect to certain transactions in foreign WARREN) and the Senator from South and Nutrition Act of 2008 to improve currencies, and for other purposes. Dakota (Mr. JOHNSON) were added as the supplemental nutrition assistance S. 897 cosponsors of S. 953, a bill to amend the program. At the request of Ms. WARREN, the Higher Education Act of 1965 to extend S. 783 name of the Senator from Alaska (Mr. the reduced interest rate for under- At the request of Mr. WYDEN, the BEGICH) was added as a cosponsor of S. graduate Federal Direct Stafford names of the Senator from Connecticut 897, a bill to prevent the doubling of Loans, to modify required distribution (Mr. BLUMENTHAL) and the Senator the interest rate for Federal subsidized rules for pension plans, to limit earn- from Arizona (Mr. FLAKE) were added student loans for the 2013–2014 aca- ings stripping by expatriated entities, as cosponsors of S. 783, a bill to amend demic year by providing funds for such to provide for modifications related to the Helium Act to improve helium loans through the Federal Reserve Sys- the Oil Spill Liability Trust Fund, and stewardship, and for other purposes. tem, to ensure that such loans are for other purposes. available at interest rates that are S. 789 S. RES. 75 equivalent to the interest rates at At the request of Mr. BAUCUS, the At the request of Mr. KIRK, the name names of the Senator from Massachu- which the Federal Government proof the Senator from Kansas (Mr. vides loans to banks through the dis- setts (Ms. WARREN), the Senator from MORAN) was added as a cosponsor of S. Pennsylvania (Mr. CASEY) and the Sen- count window operated by the Federal Res. 75, a resolution condemning the ator from Louisiana (Mr. VITTER) were Reserve System, and for other pur- Government of Iran for its state-spon- added as cosponsors of S. 789, a bill to poses. sored persecution of its Baha’i minor- grant the Congressional Gold Medal, S. 917 ity and its continued violation of the collectively, to the First Special Serv- At the request of Mr. CARDIN, the International Covenants on Human ice Force, in recognition of its superior names of the Senator from New Hamp- Rights. service during World War II. shire (Mrs. SHAHEEN), the Senator from AMENDMENT NO. 866 S. 813 Kansas (Mr. MORAN) and the Senator At the request of Mr. MERKLEY, the At the request of Mrs. FEINSTEIN, her from Connecticut (Mr. MURPHY) were name of the Senator from Minnesota name was added as a cosponsor of S. added as cosponsors of S. 917, a bill to (Mr. FRANKEN) was added as a cospon- 813, a bill to require that Peace Corps amend the Internal Revenue Code of sor of amendment No. 866 proposed to volunteers be subject to the same limi- 1986 to provide a reduced rate of excise S. 601, a bill to provide for the con- tations regarding coverage of abortion tax on beer produced domestically by servation and development of water services as employees of the Peace certain qualifying producers. and related resources, to authorize the Corps with respect to coverage of such S. 937 Secretary of the Army to construct services, and for other purposes. At the request of Mr. FLAKE, the various projects for improvements to S. 815 names of the Senator from South Caro- rivers and harbors of the United At the request of Mr. MERKLEY, the lina (Mr. SCOTT) and the Senator from States, and for other purposes. names of the Senator from Alaska (Mr. Georgia (Mr. CHAMBLISS) were added as f BEGICH), the Senator from New York cosponsors of S. 937, a bill to prohibit STATEMENTS ON INTRODUCED (Mr. SCHUMER) and the Senator from Il- the Internal Revenue Service from ap- BILLS AND JOINT RESOLUTIONS linois (Mr. DURBIN) were added as co- plying disproportionate scrutiny to ap- sponsors of S. 815, a bill to prohibit the plicants for tax-exempt status based on By Mr. CARDIN (for himself and employment discrimination on the ideology, and for other purposes. Mr. ENZI): S. 966. A bill to amend the Internal basis of sexual orientation or gender S. 941 identity. Revenue Code of 1986 to increase par- At the request of Mr. RUBIO, the ticipation in medical flexible spending S. 820 name of the Senator from Georgia (Mr. arrangements; to the Committee on Fi- At the request of Mrs. FEINSTEIN, the CHAMBLISS) was added as a cosponsor of nance. name of the Senator from Washington S. 941, a bill to amend title 18, United Mr. CARDIN. Mr. President, I rise to (Ms. CANTWELL) was added as a cospon- States Code, to prevent discriminatory introduce the Medical FSA Improve- sor of S. 820, a bill to provide for a uni- misconduct against taxpayers by Fed- ment Act of 2013. I wish to thank my form national standard for the housing eral officers and employees, and for friend and colleague, Senator ENZI, for and treatment of egg-laying hens, and other purposes. joining me in this effort. Our bill would for other purposes. S. 942 amend the Internal Revenue Code to S. 865 At the request of Mr. CASEY, the allow employees who use health flexi- At the request of Mr. WHITEHOUSE, name of the Senator from Maryland ble spending arrangements, FSAs, to the name of the Senator from Alaska (Ms. MIKULSKI) was added as a cospon- cash out any remaining balance in (Ms. MURKOWSKI) was added as a co- sor of S. 942, a bill to eliminate dis- their account at the end of a plan year. sponsor of S. 865, a bill to provide for crimination and promote women’s This provision replaces current IRS the establishment of a Commission to health and economic security by ensur- policy in which any unspent FSA funds Accelerate the End of Breast Cancer. ing reasonable workplace accommoda- revert to the employer at the end of S. 871 tions for workers whose ability to per- the plan year for activities related to At the request of Mrs. MURRAY, the form the functions of a job are limited plan administration. names of the Senator from Texas (Mr. by pregnancy, childbirth, or a related FSAs are an important benefit for all CORNYN), the Senator from Illinois (Mr. medical condition. workers as they allow employees to set

VerDate Mar 15 2010 02:36 May 16, 2013 Jkt 029060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MY6.029 S15MYPT1 pwalker on DSK7TPTVN1PROD with SENATE S3534 CONGRESSIONAL RECORD — SENATE May 15, 2013 aside pre-tax dollars to pay for out-of- begins to decrease at a very early stage in May 15, 2013, at 2:30 p.m. in room 253 of pocket health care expenditures, in- the life of the individual; the Russell Senate Office Building. The cluding dental and vision services. Whereas research has resulted in the devel- Committee will hold a hearing enti- Many families count on their FSAs to opment of limited treatments for some MPS tled, ‘‘The Road Ahead: Advanced Vehi- diseases; help cover their monthly expenses for Whereas promising advancements in the cle Technology and Its Implications.’’ prescription drugs, co-pays for doctors’ pursuit of treatments for additional MPS The PRESIDING OFFICER. Without visits, children’s dental care, and med- diseases are underway as of the date of objection, it is so ordered. ical equipment and supplies for disagreement to this resolution; COMMITTEE ON FOREIGN RELATIONS abled family members. Whereas, despite the creation of new rem- Mrs. BOXER. Mr. President, I ask In an economy where every penny edies, the blood-brain barrier continues to be unanimous consent that the Com- counts, it just does not make sense for a significant impediment to effectively mittee on Foreign Relations be author- employees who may have overesti- treating the brain, which prevents the treatment of many of the symptoms of MPS; ized to meet during the session of the mated their anticipated yearly out-of- Whereas the quality of life of the individ- Senate on May 15, 2013, at 9 a.m., to pocket health care expenditures at the uals afflicted with MPS, and the treatments hold a hearing entitled, ‘‘U.S. Policy beginning of a plan year to be penalized available to those individuals, will be en- Toward Iran.’’ by having to forfeit unspent funds to hanced through the development of early de- The PRESIDING OFFICER. Without their employer at the end of a plan tection techniques and early intervention; objection, it is so ordered. Whereas treatments and research advance- year. It also leads to wasteful spending COMMITTEE ON HOMELAND SECURITY AND ments for MPS are limited by a lack of when employees try to avoid forfeiting GOVERNMENTAL AFFAIRS their FSA balances by rushing at the awareness about MPS diseases; Whereas the lack of awareness about MPS Mrs. BOXER. Mr. President, I ask end of a plan year to purchase unneces- diseases extends to individuals within the unanimous consent that the Com- sary health-related items, such as mul- medical community; mittee on Homeland Security and Gov- tiple pairs of eyeglasses. Whereas the cellular damage that is caused ernmental Affairs be authorized to One-third of the Federal workforce by MPS makes MPS a model for the study of meet during the session of the Senate currently use FSAs, as do millions of many other degenerative genetic diseases; on May 15, 2013, at 9:30 a.m. to conduct State, county and local public employ- and a hearing entitled ‘‘Performance Man- Whereas the development of effective ees, and workers in private industry. agement and Congressional Oversight: We should encourage employees to put therapies and a potential cure for MPS diseases can be accomplished by increased 380 Recommendations to Reduce Over- money into FSAs to help defray their awareness, research, data collection, and in- lap and Duplication to Make Wash- out-of-pocket health care costs, to use formation distribution: Now, therefore, be it ington More Efficient.’’ these funds wisely, and not have them Resolved, That the Senate— The PRESIDING OFFICER. Without fear losing hard-earned money at the (1) designates May 15, 2013, as ‘‘National objection, it is so ordered. MPS Awareness Day’’; and end of a plan year just because their COMMITTEE ON HOMELAND SECURITY AND (2) supports the goals and ideals of ‘‘Na- health care expenditures may be less GOVERNMENTAL AFFAIRS tional MPS Awareness Day’’. than anticipated. Mrs. BOXER. Mr. President, I ask I urge my colleagues to support this f unanimous consent that the Com- bipartisan legislation, which will help NOTICE OF HEARING mittee on Homeland Security and Gov- America’s working families better ernmental Affairs be authorized to manage their personal finances. PERMANENT SUBCOMMITTEE ON INVESTIGATIONS Mr. LEVIN. Mr. President, I would meet during the session of the Senate f like to announce for the information of on May 15, 2013, at 2:30 p.m. The PRESIDING OFFICER. Without the Senate and the public that the Per- SUBMITTED RESOLUTIONS objection, it is so ordered. manent Subcommittee on Investiga- tions of the Committee on Homeland COMMITTEE ON INDIAN AFFAIRS SENATE RESOLUTION 142—DESIG- Security and Governmental Affairs has Mrs. BOXER. Mr. President, I ask NATING MAY 15, 2013, AS ‘‘NA- scheduled a hearing entitled, ‘‘Offshore unanimous consent that the Com- TIONAL MPS AWARENESS DAY’’ Profit Shifting and the U.S. Tax Code— mittee on Indian Affairs be authorized Part 2.’’ The Subcommittee will con- to meet during the session of the Sen- Mr. GRAHAM (for himself, Mr. tinue its examination of the structures ate on May 15, 2013, in room SD–628 of HOEVEN, Mr. WHITEHOUSE, Mr. BEGICH, and methods employed by multi- the Dirksen Senate Office Building, at Ms. HEITKAMP, Ms. MURKOWSKI, and national corporations to shift profits 2:30 p.m. Mrs. BOXER) submitted the following offshore and how such activities are af- The PRESIDING OFFICER. Without resolution; which was considered and fected by the Internal Revenue Code objection, it is so ordered. agreed to: and related regulations. Witnesses will COMMITTEE ON VETERANS’ AFFAIRS S. RES. 142 include representatives from the De- Mrs. BOXER. Mr. President, I ask Whereas mucopolysaccharidosis (referred partment of the Treasury, the Internal unanimous consent that the Com- to in this resolution as ‘‘MPS’’) are a group Revenue Service, representatives of a mittee on Veterans’ Affairs be author- of genetically determined lysosomal storage ized to meet during the session of the diseases that render the human body incapa- multinational corporation, and tax ex- ble of producing certain enzymes needed to perts. A witness list will be available Senate on May 15, 2013, at 10 a.m. in break down complex carbohydrates; Friday, May 17, 2013. room SR–418 of the Russell Senate Of- Whereas MPS diseases cause complex car- The Subcommittee hearing has been fice Building. bohydrates to be stored in almost every cell scheduled for Tuesday, May 21, 2013, at The PRESIDING OFFICER. Without in the body and progressively cause cellular 9:30 a.m., in room 106 of the Dirksen objection, it is so ordered. damage; Senate Office Building. For further in- SUBCOMMITTEE ON NATIONAL SECURITY AND Whereas the cellular damage caused by formation, please contact Elise Bean of INTERNATIONAL TRADE AND FINANCE MPS— Mrs. BOXER. Mr. President, I ask (1) adversely affects the human body by the Permanent Subcommittee on In- damaging the heart, respiratory system, vestigations at (202) 224–9505. unanimous consent that the Com- bones, internal organs, and central nervous f mittee on Banking, Housing, and system; and Urban Affairs Subcommittee on Na- (2) often results in intellectual disabilities, AUTHORITY FOR COMMITTEES TO tional Security and International short stature, corneal damage, joint stiff- MEET Trade and Finance be authorized to ness, loss of mobility, speech and hearing im- COMMITTEE ON COMMERCE, SCIENCE, AND meet during the session of the Senate pairment, heart disease, hyperactivity, TRANSPORTATION on May 15, 2013, at 2 p.m., to conduct a chronic respiratory problems, and, most im- Mrs. BOXER. Mr. President, I ask hearing entitled ‘‘Improving Cross Bor- portantly, a drastically shortened life span; Whereas symptoms of MPS are usually not unanimous consent that the Com- der Resolution to Better Protect Tax- apparent at birth; mittee on Commerce, Science, and payers and the Economy.’’ Whereas, without treatment, the life ex- Transportation be authorized to meet The PRESIDING OFFICER. Without pectancy of an individual afflicted with MPS during the session of the Senate on objection, it is so ordered.

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HONORING GARRETT O. SMITH HONORING MINISTER TIMOTHY lifting of African Americans and women. MILES FOWLER Daughter of Matthew Mark and Hattie Harris, and a descendant of the Balanta Fula Tribes HON. JEB HENSARLING HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. of Guinea, Fannie and her late sister Amelia OF TEXAS OF GEORGIA were baptized and christened into the family of the historic Abyssinian Baptist Church by the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Reverend Adam Clayton Powell, Sr. Wednesday, May 15, 2013 Wednesday, May 15, 2013 At Abyssinian, Fannie Pennington became Mr. JOHNSON of Georgia. Mr. Speaker, I one of the most devoted members, serving on Mr. HENSARLING. Mr. Speaker, it is my present the following U.S. Citizin of Distinction. the Progressive Ladies Usher Board, the Wel- honor today to recognize Master Chief Petty Whereas, we are gathered to celebrate the come and Hospitality Committee, which was Officer Garrett O. Smith for his service to our life of Minister Timothy Miles Fowler, a corner- once known as the Adam Clayton Powell country. Master Chief Petty Officer Smith stone in the DeKalb County community; and Overseas Club. Ms. Fannie Pennington greet- served in the United States Navy from 1942 to Whereas, Timothy Miles Fowler was born in ed and hosted historic world figures and 1969. Decatur, Georgia, educated in the DeKalb American Icons such as Haile Selassie, Mary Master Chief Smith was assigned to the County Public Schools and was a Minister at McCloud Bethune, Dr. Martin Luther King, Jr. U.S.S. Sperry (AS–12), a submarine tender, in Big Miller Grove Missionary Baptist Church; and Malcolm X. September of 1942. Later, in March of 1947, and Many of our friends will remember Fannie Officer Smith graduated from the Electrician Whereas, he was a young man who beas a vivacious and beautiful personality, who ‘‘B’’ School in Washington, DC, and trans- lieved and lived a life for God, Country, Com- tended bar in several of Harlem’s elite dining ferred to Goat Island, California. In May of munity and Family; and institutions and establishments. She was also 1954, Master Chief Smith was reassigned to Whereas, Minister Fowler gave of himself, an official representative of the Barmaid Char- the Naval Inspectors Office at Quincy, Massa- his time, his talent and his life with unwavering ity Organization, which raised money to send chusetts. Officer Smith’s last assignment commitment to his family and community; and inner city kids to summer camp. I will remem- began in January of 1968 aboard the U.S.S. Whereas, he was a husband, a father, a ber Fannie for her loyalty and support to Observation Island (E–AG–154) Polaris/Posei- son, a brother and a friend; he was a man Adam Clayton Powell, Jr., her years of service don test and development ship. On December who enjoyed life, savoring the moments with to the New York City Board of Elections and 1, 1969, Master Chief Smith retired from the Iris, his wife and life partner and their three the Frederick E. Samuel Community Demo- United States Navy. children, Timothy Tymere, Iana Allysa and cratic Club, where she spent her life’s work Cameron Timothy; and registering young people to vote. Humbly, I echo the words of President Ron- Whereas, the U.S. Representative of the Mr. Speaker, as we celebrate the 150th An- ald Reagan, ‘‘We will always remember. We Fourth District of Georgia recognizes Minister niversary of the Emancipation Proclamation, will always be proud. We will always be pre- Timothy Miles Fowler as a citizen of great the 50th Anniversary of the March on Wash- pared, so we will always be free.’’ And hum- worth and so noted distinction; now therefore, ington and the 100th Birthday of Rosa Parks, bly, I offer my sincere gratitude to Officer I, Henry C. ‘‘Hank’’ Johnson, Jr., do hereby at- let us also celebrate the 99 years of our be- Smith for his service and acts of bravery that test to the 113th Congress that Minister Tim- loved Fannie E. Pennington. allow us the freedoms we enjoy today. othy Miles Fowler is deemed worthy and de- f serving of this ‘‘Congressional Honor’’ by de- f claring Minister Timothy Miles Fowler U.S. Cit- HONORING TERRY EDWARD MASSEY MAVERICK SWENSON izen of Distinction Extension of Remarks in the 4th Congressional District of Georgia. Proclaimed, this 27th day of April, 2013. HON. JEB HENSARLING HON. ED PERLMUTTER f OF TEXAS IN THE HOUSE OF REPRESENTATIVES OF COLORADO CELEBRATING THE LIFE OF HAR- Wednesday, May 15, 2013 IN THE HOUSE OF REPRESENTATIVES LEM’S MATRIARCH MS. FANNIE E. PENNINGTON Mr. HENSARLING. Mr. Speaker, it is my Wednesday, May 15, 2013 honor today to recognize Corporal Terry Ed- Mr. PERLMUTTER. Mr. Speaker, I rise HON. CHARLES B. RANGEL ward Massey. Corporal Massey served in the today to recognize and applaud Maverick OF NEW YORK United States Marine Corps from 1943 to Swenson for receiving the Arvada Wheat IN THE HOUSE OF REPRESENTATIVES 1946. A few months after his 18th birthday, he en- Ridge Service Ambassadors for Youth award. Wednesday, May 15, 2013 Maverick Swenson is an 8th grader at Oberon listed in the United States Marine Corps on Middle School and received this award be- Mr. RANGEL. Mr. Speaker, I rise today to November 4, 1943. Corporal Massey served in cause his determination and hard work have celebrate the life of Harlem’s Matriarch Ms. the 26th Marine Regiment, 5th Marine Division allowed him to overcome adversities. Fannie E. Pennington, who passed away on during the Battle of Iwo Jima. After landing at Wednesday, February 13 at the age of 99 Iwo Jima, Corporal Massey helped a wounded The dedication demonstrated by Maverick years old. fellow Marine take cover in a shell hole. Near Swenson is exemplary of the type of achieve- On Friday, February 22, the village Harlem the end of the battle, Corporal Massey said, ment that can be attained with hard work and joined together at Abyssinian Baptist Church ‘‘Surviving Iwo Jima without getting injured perseverance. It is essential students at all to celebrate the amazing and historic life of was like walking through rain without getting levels strive to make the most of their edu- Fannie E. Pennington who was a faithful and wet.’’ cation and develop a work ethic which will dedicated servant to the Lord and to our Na- During his years of service, Corporal guide them for the rest of their lives. tion. Great women like our wonderful Fannie Massey received a Presidential Unit Citation, I extend my deepest congratulations to Mav- Pennington are precious gifts we temporarily Asiatic–Pacific Campaign Medal with Star, erick Swenson for winning the Arvada Wheat have in this world, but their assistance, con- World War II Victory Medal, Navy Occupation Ridge Service Ambassadors for Youth award. tributions and accomplishments are far re- Service Medal (Japan), China Liberation Rib- I have no doubt he will exhibit the same dedi- membered and everlasting. bon, and Marine Corps Sharpshooter Badge. cation and character in all of his future accom- Our beloved Fannie lived a full spiritual He was discharged on May 10, 1946. Now at plishments. life—a life well spent and dedicated to the up- age 87, Fmr. Corporal Massey still remembers

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

VerDate Mar 15 2010 04:30 May 16, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K15MY8.001 E15MYPT1 tjames on DSK6SPTVN1PROD with REMARKS E662 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 2013 his M1 Rifle number: 1434919 and serial num- mind us all of the ongoing need to be vigilant Whereas, the Lord has been her Shepherd ber: 919497. He remains a true patriot whose against all forms of crime and violence. The throughout her life and she prays daily and is fervent prayer is that his grandchildren and service of these brave men and women must leading by example a blessed life; an advo- great–grandchildren will be able to grow up not go unrecognized and I would like to ex- cate, faithful Evangelist of the gospel and a and live in the America he has always known tend my personal thanks to all those who community leader; and and fought to protect. serve. Whereas, we are honored that she is cele- Humbly, I echo the words of President Ron- f brating the milestone of her 85th birthday in ald Reagan, ‘‘We will always remember. We Georgia; and will always be proud. We will always be pre- IN SUPPORT OF H.R. 527, THE RE- Whereas, the U.S. Representative of the pared, so we will always be free.’’ And hum- SPONSIBLE HELIUM ADMINIS- Fourth District of Georgia has set aside this bly, I offer my sincere gratitude to Corporal TRATION AND STEWARDSHIP day to honor and recognize Dr. Evangelist Massey for his service and acts of bravery ACT Bertha Rackley Williams for an exemplary life that allow us the freedoms we enjoy today. ´ which is an inspiration to all, f HON. LINDA T. SANCHEZ Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- OF CALIFORNIA SON, Jr. do hereby proclaim April 14, 2013 as IN RECOGNITION OF NATIONAL IN THE HOUSE OF REPRESENTATIVES Dr. Evangelist Bertha Rackley Williams Day in PEACE OFFICERS MEMORIAL DAY the 4th Congressional District of Georgia. Wednesday, May 15, 2013 Proclaimed, this 14th day of April, 2013. HON. PATRICK MURPHY Ms. LINDA T. SA´ NCHEZ of California. Mr. f OF FLORIDA Speaker, on April 26, 2013 the House of Rep- HONORING VAN ZANDT COUNTY’S IN THE HOUSE OF REPRESENTATIVES resentatives passed H.R. 527—the Respon- sible Helium Administration and Stewardship 165TH ANNIVERSARY Wednesday, May 15, 2013 Act. During that roll call, I inadvertently voted Mr. MURPHY of Florida. Mr. Speaker, I rise against the bill. I rise today in support of H.R. HON. JEB HENSARLING today to honor and pay tribute to all those who 527. OF TEXAS serve and who have served as peace officers The Responsible Helium Administration and IN THE HOUSE OF REPRESENTATIVES to protect and serve our great nation. Today is Stewardship Act is a common sense plan to Wednesday, May 15, 2013 the day we demonstrate our respect for the sell helium from the Federal Helium Reserve Mr. HENSARLING. Mr. Speaker, today I men and women and all that they do for us in a responsible manner to prevent a global would like to recognize Van Zandt County, and our country. We especially honor those shortage, protect jobs and the economy, and Texas on their 165th anniversary. who sacrificed everything and lost their lives in ensure a fairer return for taxpayers. This bill the line of duty. On this day we remember all Van Zandt County was first established by provides a positive alternative to authorizing a the Texas legislature on March 20, 1848, those who don a uniform signifying the protec- continuation of the current program. H.R. 527 tion of our country’s citizens by means of de- when it was taken from part of Henderson prevents an extremely small number of com- County. Sabine Lake (Jordan’s Saline) was fending the laws of our nation. panies from controlling a significant segment Since October 1, 1962 when President John the first county seat. There court was first held of the U.S. economy that relies on helium. in a log-built courthouse during December of F. Kennedy signed a special law, May 15 has The three phase system carefully outlined in been National Peace Officers Memorial Day, 1848. The county seat was later moved to this legislation is strongly supported by my col- Canton after Wood County was carved out of and the week containing May 15 has been leagues and the administration. Additionally, recognized as National Police Week. This is a Van Zandt County in 1850. The county’s the Bureau of Land Management (BLM) has namesake is Republic of Texas leader Isaac time when Americans are given a chance to said it can implement this legislation without a honor the extraordinary service given year Van Zandt. lengthy rulemaking process. Transparency and The area provides numerous opportunities after year by our police forces. Although peo- the prevention of collusion are central compo- for enjoying the outdoors and great East ple sometimes forget those in uniform, we nents of this legislation, allowing all users to Texas food. Local attractions include Lake must recognize this day to understand the know for how much the BLM helium is being Tawakoni, the famous First Monday Trade length these officers go to in order to do their sold, creating a stable price environment. This Days in Canton, Salt Festival and Rodeo held job and serve our communities. These officers legislation and the three phase program will in Grand Saline, Van Oil Festival, Edom Fes- are special because they have taken the initia- ensure that there remains a stable, predictable tival of the Arts, Ben Wheeler Fall Feral Hog tive to sacrifice their own safety for the safety supply of helium for the U.S. economy, as well Festival, Wills Point Bluebird Festival, Edge- of others. They exhibit bravery and courage as continuing to provide taxpayers a fair return wood Heritage Festival, and countless other every day to keep our communities safe, to on this supply of helium. events and activities throughout the year that preserve and protect our laws and our con- f attract visitors from across the state and coun- stitution in their line of duty. It is important try. they know that they have the full support of HONORING DR. EVANGELIST It is my privilege and honor to represent the the United States Congress and the American BERTHA RACKLEY WILLIAMS citizens of Van Zandt County in the United people. States House of Representatives. We must commemorate the dedicated law HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. f enforcement officers who serve our commu- OF GEORGIA nities, states and country. This being said, I IN THE HOUSE OF REPRESENTATIVES HONORING TEN VETERANS FROM would like to take this opportunity to remem- OREGON ber our own Sergeant Gary Morales, who was Wednesday, May 15, 2013 shot and killed in the line of duty at the age Mr. JOHNSON of Georgia. Mr. Speaker, I HON. GREG WALDEN submit the following Proclamation. of 35 on Thursday February 28, 2013 in Fort OF OREGON Pierce, Florida. He was a selfless hero, like all Whereas, reaching the age of 85 years is a IN THE HOUSE OF REPRESENTATIVES those who have lost their lives during service. remarkable milestone; and The motto of police week, ‘‘Never Alone, Whereas, Dr. Evangelist Bertha Rackley Wednesday, May 15, 2013 Never Forgotten,’’ must be observed and re- Williams was born on March 25, 1928, in Mr. WALDEN. Mr. Speaker, I rise to recog- membered not only today, but every day. Ser- Abbeville, Georgia, and is celebrating that nize the 10 veterans from Oregon who will be geant Morales—you will never be forgotten. milestone; and visiting their memorials this Friday in Wash- Peace Officers Memorial Day gives us all Whereas, Evangelist Williams has been ington, D.C. On behalf of a grateful state and the opportunity to thank those in our commu- blessed with a long, happy life, devoted to country, we welcome these heroes to the na- nity who do so much for us. This day, as well God and credits it all to the Will of God; and tion’s capital. as National Police Week, pays tribute to the Whereas, Evangelist Williams is celebrating The veterans who fought in World War II local, State, and Federal law enforcement offi- her 85th Birthday with her family members, are Francis Lake, U.S. Army; Loyal Miller, cers who serve and protect us with courage church members and friends here in Georgia U.S. Army; Earnest Walston, U.S. Army; and and dedication. This opportunity to thank on April 14, 2013, she celebrates a life of Henry Hemholtz, U.S.Navy. Malcolm Grizwold, those around us also allows for the coming to- blessings; as a mother, friend, a servant and U.S. Army fought in the Korean War. The vet- gether of communities. These observances re- a leader; and erans who fought in the Viet Nam War are

VerDate Mar 15 2010 04:30 May 16, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K15MY8.002 E15MYPT1 tjames on DSK6SPTVN1PROD with REMARKS May 15, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E663 Leroy Ellis, U.S. Army; David Gibons, U.S. years, he was able to return to Cal Poly and considered to be an outstanding traffic officer Army; Larson Kalama, U.S. Army; Janice complete his degree and teaching credential. and served the city of Hazleton with distinc- Smith, U.S. Army; and Michael Williams, U.S. Joe began his teaching career as an Ag tion. A husband and father of two daughters, Navy. Science teacher with Los Banos High School Mr. Valente was also appointed as a member These 10 heroes join more than 98,000 vet- in 1955. He went on to become the Agriculture of the Lodge No. 18, Fraternal Order of Police erans from across the country who, since Department Chair, which he turned into a and a member of the Most Precious Blood 2005, have journeyed from their home states highly respected program. In the spring of Church. to Washington, D.C. to reflect at the memo- 1963, Joe coached the Los Banos High Mr. Speaker, for his dedication and sacrifice rials built in honor of our nation’s veterans. School FFA team to a first place finish at the to keep the citizens of Hazleton, Pennsylvania Mr. Speaker, each of us is humbled by the state dairy judging contest, and then went on safe, I commend Patrolman Ernesto ‘‘Nesty’’ courage of these soldiers, sailors, and Marines to win the National title in Waterloo, Iowa. Valente. who put themselves in harm’s way for our Joe continued to take summer classes to f country and way of life. As a nation, we can further his knowledge in the education field. CONGRATULATING SAINTS CON- never fully repay the debt of gratitude owed to He earned a master’s degree in education STANTINE AND HELEN GREEK them for their honor, commitment, and sac- from Cal Poly in 1957. Then in 1981, he ORTHODOX CHURCH ON ITS 100TH rifice in defense of the freedoms we have earned his doctoral degree in education from ANNIVERSARY today. the University of Southern California. Joe shift- My colleagues, please join me in thanking ed his career into administration when he took these veterans and the volunteers for their ex- the role of Assistant Principal at Los Banos HON. PETER J. VISCLOSKY OF INDIANA emplary dedication and service to this great High School in 1963 and Principal in 1969. IN THE HOUSE OF REPRESENTATIVES country. I especially want to recognize and One of Joe’s assignments was to focus on thank Michael Williams for his tireless work in adult education, which eventually led him to a Wednesday, May 15, 2013 organizing this group visit to Washington, D.C. position at the new Merced College Los Banos Mr. VISCLOSKY. Mr. Speaker, as a mem- f campus to run the evening programs. In 1982, ber of the American Hellenic Educational Pro- he took the position of Principal at the junior gressive Association (AHEPA), Chapter 78, it RECOGNIZING MR. JOE COX high in Los Banos where he stayed until his is with great pleasure and enthusiasm that I retirement in 1988. congratulate Saints Constantine and Helen HON. JIM COSTA During his retirement, Joe has done more Greek Orthodox Church in Merrillville, Indiana, OF CALIFORNIA than many people do in a lifetime. He served as its members celebrate the 100th anniver- IN THE HOUSE OF REPRESENTATIVES for 12 years on the Los Banos Unified School sary of the founding of the parish. Father Ted Poteres, along with Parish Council President Wednesday, May 15, 2013 Board. In addition, he served as President of the Los Banos Golden Agers, District Gov- JoAnn Massow and the congregation, will Mr. COSTA. Mr. Speaker, I rise today to ernor in Rotary, Chair of the California Seniors commemorate this momentous milestone with recognize Mr. Joe Cox for his many years of Legislature and most recently National Presi- a celebratory reception on Saturday, May 18, dedication to the Los Banos Future Farmers of dent of the U.S. Submarine Veterans of World 2013, at the Saints Constantine and Helen America (FFA) as they celebrate the 50th An- War II. The City of Los Banos recently ac- Cultural Center in Merrillville, Indiana. North- niversary of their win at the FFA Nationals knowledged his longtime service to the com- west Indiana is especially grateful for the Contest. His commitment to young participants munity by inducting him into the Los Banos unshakable faith, boundless wisdom, and ex- of the FFA program as well as many other High History-Society Hall of Fame. emplary service of Father Poteres, a truly out- community activities, make Joe Cox most de- Mr. Speaker, it is with great respect that I standing religious leader. I also wish to ac- serving of this honor. ask my colleagues in the House of Represent- knowledge the presence of His Eminence Met- Joe Cox was born in Booneville, Arkansas atives to recognize the leadership and commit- ropolitan Iakovos and all the other committed in 1925. During the Great Depression, his ment Mr. Cox has shown to Los Banos and religious leaders who have joined in this cele- family—including his two sisters, parents and the Future Farmers of America. He personifies bration. The founding of Saints Constantine and grandmother—decided to leave Arkansas. a man of principle and integrity. Joe Cox is a Helen began when a group of immigrants They traveled across the country for two role model for all of us, and it is with great years, camping along the way, until they made joined together with the goal of preserving pride that I recognize him for everything he Greek culture and religious tradition for the it to Reedley, California. does for our community. Once the family settled in Reedley, Joe was many Greek families that were moving into the f able to return to school. Joe’s family moved Northwest Indiana region. In 1913, the first around the Reedley area, wherever there was HAZLETON PATROLMAN ERNESTO worship services were held in a rented store work for his father. During one year, his family ‘‘NESTY’’ VALENTE building in Gary, Indiana, making Saints Con- moved eight times. Even though his life was at stantine and Helen the first Greek church in times unstable, he was inspired by his father’s the City of Gary. The name was chosen to HON. LOU BARLETTA signify the importance of Saint Constantine, commitment to working hard and supporting OF PENNSYLVANIA the Roman emperor who, during the fourth his family. This lifestyle also sparked his devo- IN THE HOUSE OF REPRESENTATIVES century, permitted the freedom of practicing tion to his life in education and his empathy Christianity, as well as Saint Helen, Saint Con- for students who had to overcome obstacles. Wednesday, May 15, 2013 stantine’s mother, in their fight for the As Joe graduated high school and World Mr. BARLETTA. Mr. Speaker, I rise to honor sustentation of their religious beliefs and War II ensued, Joe decided to enlist in the Hazleton, Pennsylvania Patrolman Ernesto Greek heritage. The church continued to gain Navy. He was assigned to the radio operators ‘‘Nesty’’ Valente, who passed away on May support, and as a result of the congregation’s training after just five weeks of basic training. 15, 1938, while serving in the line of duty. dedicated and unwavering efforts, on Easter After his education was complete, Joe volun- Mr. Valente met his untimely death while es- Sunday of 1919, Saints Constantine and teered to serve on submarines. Out of one corting an automobile carrying John Sotack, Helen opened their first church building in hundred volunteers, Joe was chosen as one age 8, through the congested city business Gary. of five to attend submarine school. He was as- district to the hospital. While attempting to en- The church has continually been blessed signed to a tender ship, the U.S.S. Orion, and sure quick passage of the automobile through with extraordinary religious leaders, none the U.S.S. Batfish, which patrolled off the the intersection at Broad and Wyoming more exemplary than Father Ted. And we all coasts of Japan. streets, Mr. Valente was propelled from the recall the appointment of Father Evagoras When the war was over and he was dis- running board of the vehicle when the driver Constantinides as pastor of Saints Helen and charged, Joe joined his brother-in-law in the applied the brakes. Despite the best efforts of Constantine in 1969. Under his leadership, the farming business. After farming for several his fellow patrolman and medical profes- Hellenic Cultural Center and the Saints Con- years, Joe decided that he wanted to continue sionals, he perished shortly after at the State stantine and Helen Cathedral were con- his education. He attended Reedley College Hospital. structed in Merrillville, Indiana. Father Ev and then California Polytechnic State Univer- At the time of his death, Mr. Valente was served as pastor for 26 years and was held in sity (Cal Poly) in San Luis Obispo. Joe was in one of the oldest members of the Hazleton the highest regard by church leaders inter- his first quarter at Cal Poly, when he was Police Department in the line of service, hav- nationally, by his congregation, and by the en- called to serve in the Korean War. After two ing been appointed on April 21, 1921. He was tire Northwest Indiana community. Father

VerDate Mar 15 2010 04:30 May 16, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A15MY8.006 E15MYPT1 tjames on DSK6SPTVN1PROD with REMARKS E664 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 2013 Evagoras’s passing at a time when we are Whereas, our lives have been touched by Black Church in the State of New York, orga- celebrating the parish’s 100th anniversary the life of this one woman who has given of nized in 1796), Harlem, New York. He imme- seems to me to be more than coincidental. I herself in order for others to stand; and diately began to serve as Sunday School believe it evidences his knowledge that he Whereas, Barbara Nunn McCarthy was a Teacher and, in early 1970, was appointed Di- could join our God firm in his absolute faith in community leader, making history as the first rector of Youth (serving until 1999). In July Father Poteres’s spiritual leadership, the Par- woman to serve on the Rockdale County 1996, he authored a Resolution to the General ish Council’s commitment to future genera- Board of Commissioners; and Conference of the A.M.E. Zion Church De- tions, and every parishioner’s dedication to Whereas, she provided leadership and serv- nomination, proposing that ‘The Day of Pente- preserving their religious beliefs and the in- ice to so many community institutions includ- cost’ be incorporated in their Book of Dis- comparable Hellenic culture and values we all ing the Rockdale United Way, the County Ex- cipline. It now stands as a day of celebration hold so dear. tension Service, the C. E. Steele Community throughout all A.M.E. Zion Churches. The leaders and parishioners of Saints Con- Center, Rockdale Retired Educators Associa- He served and presently serves in many ca- stantine and Helen Greek Orthodox Church tion, Habitat for Humanity, the Rockdale Coali- pacities such as General Chairperson of Moth- touch the lives of countless individuals through tion for Children and Families and the Conyers er Zion’s Bicentennial Anniversary in October their compassionate service, especially to Rotary Club; and 1996, charter member of the past organization those most in need. Over the years, the Whereas, Mrs. McCarthy never asked for at 159 West 136th Street Parsonage Building church has come to the aid of so many people fame or fortune, nor found a job too small or Fund of Mother Zion, the W.H. & O.M.S where through the church’s Helping Hand Fund, too big; she gave of herself, her time and her he served as member/chaplain, Class no. 4 which provides financial assistance to those in many talents by demonstrating unwavering member, Board of Stewards, Board of Direc- need. The church also facilitates the Ross commitment to protecting and serving the citi- tors of James Varick Community Center, and Township Food Pantry, which fed approxi- zens of Rockdale County; and the Lay Council. He is Mother Zion’s Church mately 20,000 people during the last year. Whereas, she was a wife, a mother, a sis- Historian and conducts church tours. In 1999, Mr. Speaker, I am a strong advocate for the ter, an aunt, a teacher and a friend; she was the Church was featured in a PBS documen- promotion of the ideals and morals of Helle- also a woman of great integrity who through- tary entitled, ‘‘A Walk through Harlem,’’ hosted nism throughout all of Northwest Indiana. I ask out her life remained true to uplifting and serv- by Barry Lewis and David Hartman in which that you and my other distinguished col- ing; and Mr. Montgomery cites the history of Mother leagues join me in honoring Saints Con- Whereas, the U.S. Representative of the Zion Church. stantine and Helen Greek Orthodox Church as Fourth District of Georgia recognizes Barbara On Sunday, March 5, 2006, the men’s com- the congregation celebrates its 100th anniver- Nunn McCarthy as a citizen of great worth and mittee bestowed upon him a double honor sary. The church leaders and parishioners so noted distinction; now therefore, I, HENRY with the Paul Robeson Award of Excellence have dedicated themselves to upholding C. ‘‘HANK’’ JOHNSON do hereby attest to the and with architectural plans for the future Greek Orthodox traditions and spiritual beliefs. 113th Congress that she is deemed worthy structure of the Church archives and museum For their commitment to service, and for and deserving of this ‘‘Congressional Honor’’ to be named the Dabney N. Montgomery Art touching the lives of countless individuals, by declaring Barbara Nunn McCarthy, U.S. Gallery and Exhibition Hall. Mr. Montgomery they are worthy of the highest praise. Citizen of Distinction in the 4th Congressional was an activist in the course of the Civil District of Georgia. f Rights Movement and marched with the late Proclaimed, this 30th day of March, 2013. Reverend Dr. Martin Luther King, Jr. through- MEGAN RHOADS f out the 50+ mile March from Selma to Mont- IN CELEBRATION OF DABNEY N. gomery, Alabama, March 21–25, 1965. He HON. ED PERLMUTTER MONTGOMERY’S 90TH BIRTHDAY served as one of Dr. King’s bodyguards. On OF COLORADO ‘‘OUR NONAGENARIAN HERO’’ April 11, 2006, President George W. Bush IN THE HOUSE OF REPRESENTATIVES signed a bill into law to award all original Tuskegee Airmen the ‘United States Congres- Wednesday, May 15, 2013 HON. CHARLES B. RANGEL OF NEW YORK sional Gold Medal of Honor;’ it was awarded Mr. PERLMUTTER. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES on Thursday, March 29, 2007, under the Cap- today to recognize and applaud Megan itol Dome here in Washington, D.C. Rhoads for receiving the Arvada Wheat Ridge Wednesday, May 15, 2013 In December 2006, he was selected by the Service Ambassadors for Youth award. Megan Mr. RANGEL. Mr. Speaker, I rise today to Livingstone College National Alumni Associa- Rhoads is a 12th grader at Arvada High honor, recognize, and celebrate the 90th Birth- tion to receive the prestigious Outstanding School and received this award because her day of Mr. Dabney N. Montgomery, a member Alumni Award. It was presented on February determination and hard work have allowed her of the ground crew of the Tuskegee Airmen, 2, 2007 by the National Alumni Council of the to overcome adversities. who later served as a bodyguard for Martin United Negro College Fund in Nashville, Ten- The dedication demonstrated by Megan Luther King during the historic 1965 march nessee. On February 4, 2010, he was in- Rhoads is exemplary of the type of achieve- from Selma to Montgomery, Alabama. ducted into the United Negro College Fund ment that can be attained with hard work and Dabney N. Montgomery was born in Selma, ‘‘Share Your Love’’ and Service in Celebration perseverance. It is essential students at all Alabama on April 18, 1923, to Dred and Lula of Livingstone College Leaders Hall of Fame. levels strive to make the most of their edu- Anderson Montgomery. Mr. Montgomery was These distinguished awards recognize Alumni cation and develop a work ethic which will drafted into the Army Air Corps (now the who have made significant contributions to guide them for the rest of their lives. United States Air Force), during World War II their alma mater, community, and the United I extend my deepest congratulations to and served in the 1051st Quartermaster Com- Negro College Fund. Megan Rhoads for winning the Arvada Wheat pany of the 96th Air Service Group, attached On August 7, 2007, he was asked to serve Ridge Service Ambassadors for Youth award. to the 332nd Air Fighter Group, as a ground as a member of The HistoryMakers, a Chi- I have no doubt she will exhibit the same dedi- crewman with the Tuskegee Airmen in South- cago-based organization that has the largest cation and character in all of her future ac- ern Italy, from 1943 to 1945. He was awarded archival collection of both well-known and un- complishments. a Good Conduct Medal, the WWII Victory sung African American HistoryMakers. Their f Medal, the European African Middle Eastern purpose is to capture the stories of accom- Service Medal with two Bronze Stars, a Serv- plished African Americans across all walks of TRIBUTE TO BARBARA NUNN ice Award, the Honorable Service Medal, and life and to use video and new technologies to MCCARTHY a Basic Driver and Mechanic Medal. In 1946, create an accessible digital collection to serve he enrolled into Livingstone College, Salis- as a resource for students, teachers, scholars, HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. bury, North Carolina, and received a B.A. de- documentary producers and the media. The OF GEORGIA gree in Religious Education, in May 1949. He HistoryMakers’ stories are stories of success IN THE HOUSE OF REPRESENTATIVES served as a Charter Member of the Sphinx against the odds, of achievement in the face Club and was one of the first to be admitted of adversity, and of inspiration. They are Wednesday, May 15, 2013 into the Gamma Mu Chapter of the Alpha Phi America’s missing stories. Mr. JOHNSON of Georgia. Mr. Speaker, I Alpha [AΦA] Fraternity. On Saturday, June 27, 2009 the Livingstone present the following U.S. Citizen of Distinc- In June 1955, he joined Mother African College National Alumni Association, Brooklyn, tion. Methodist Episcopal Zion Church (the oldest Queens and Long Island Chapter presented to

VerDate Mar 15 2010 04:30 May 16, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K15MY8.005 E15MYPT1 tjames on DSK6SPTVN1PROD with REMARKS May 15, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E665 Dabney N. Montgomery the Joseph Charles who are called to contribute to the needs of Needs and later the Director of Instructional Price Award, ‘‘In Recognition of Outstanding our community through leadership and serv- Programs for the Freetown-Lakeville Public Achievements That Serve as a Tribute to Our ice; and Schools where he served for five years. Sub- Beloved Founder.’’ Whereas, Mr. Paterne Agbohessou has an- sequently, he was hired as Assistant Super- Mr. Montgomery is involved in the Harlem swered that call by giving of himself as an ed- intendent for the Barnstable Public Schools community and is a member of Manhattan ucator at E.L. Bouie Sr., Traditional Theme El- and served in that capacity until 1991 when he Community Board No. 10, where he serves on ementary School, and as a beloved son, men- assumed the position of Superintendent of the two sub-committees: Parks and Recreation, tor and friend; and Braintree Public Schools. He has served with and the Executive Committee. As a member Whereas, Mr. Agbohessou has been chosen distinction for twenty-two years. of the Parks and Recreation Committee, he as the 2013 Teacher of the Year, representing During his career, Peter has served as wrote a base letter to the Parks Department of E.L. Bouie Sr., Traditional Theme Elementary president of both the Old Colony and South the City of New York, as a proposal to recog- School; and Shore Superintendents Roundtable. He is a nize Central Park West (at 85th and 86th Whereas, this tenacious man has shared his current member of the Executive Committee of Streets) as the historical site of African Amer- time and talents for the betterment of our com- the Massachusetts Association of School Su- ican settlers in the early 1820s, which was munity and our nation through his tireless perintendents, and he has served as Chair- then Seneca Village. Mother Zion was, for a works, motivational speeches and words of man of the Board for the South Shore Edu- short time, located there. The settlers were wisdom; and cational Collaborative. He is a past President evicted in 1857 under the City’s ‘eminent do- Whereas, Mr. Agbohessou is a courageous of the Braintree Rotary Club and is currently main’ project. A permanent sign now stands man and a fearless leader who has shared his the President of Temple B’Nai Shalom in marking the site. He is chaplain of the West vision, talents and passion to help ensure that Braintree. 136th Street Block Association. our children receive an education that is rel- Mr. Speaker, Peter has had the good for- Words cannot express my gratitude to evant not only for today, but well into the fu- tune to be married to Karen for thirty years, Dabney, whose devotion to our community is ture, as he truly understands that our children and they are the proud parents of two sons, remarkable and his service and commitment are the future; and Marc and Daniel. to our Nation has known no bounds. Mr. Whereas, the U.S. Representative of the Mr. Speaker, it is my distinct honor to take Speaker, as we celebrate 150th Anniversary Fourth District of Georgia has set aside this the floor of the House today to join with Dr. of the Emancipation Proclamation, the 150th day to honor and recognize Mr. Paterne Peter A. Kurzberg’s family, friends, and con- Anniversary of the Union League Club, the Agbohessou for his leadership and service for temporaries to thank him for forty-two years of 100th Anniversary of the founding of the 369th our District and in recognition of this singular dedicated service to public education, and es- ‘‘Harlem Hellfighters Regiment’’ and the 100th honor as 2013 Teacher of the Year at E.L. pecially express our gratitude for twenty-two Birthday of Rosa Parks, I ask my distinguished Bouie Sr., Traditional Theme Elementary years of inspired leadership of the Braintree colleagues to join me in celebrating the 90th School; now therefore, I, HENRY C. ‘‘HANK’’ Public Schools. Birthday of Dabney N. Montgomery, an out- JOHNSON, Jr. do hereby proclaim March 15, f standing veteran, hero, civil rights activist and 2013 as Mr. Paterne Agbohessou Day in the NEKO FAVELA public servant. 4th Congressional District. Proclaimed, this 15th day of March, 2013. f f HON. ED PERLMUTTER MICAH ELAZIER OF COLORADO IN HONOR OF DR. PETER A. IN THE HOUSE OF REPRESENTATIVES KURZBERG OF BRAINTREE, MA HON. ED PERLMUTTER Wednesday, May 15, 2013 OF COLORADO Mr. PERLMUTTER. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES HON. STEPHEN F. LYNCH OF MASSACHUSETTS today to recognize and applaud Neko Favela Wednesday, May 15, 2013 IN THE HOUSE OF REPRESENTATIVES for receiving the Arvada Wheat Ridge Service Mr. PERLMUTTER. Mr. Speaker, I rise Wednesday, May 15, 2013 Ambassadors for Youth award. Neko Favela is today to recognize and applaud Micah Elazier an 11th grader at Jefferson High School and for receiving the Arvada Wheat Ridge Service Mr. LYNCH. Mr. Speaker, I rise today in received this award because his determination Ambassadors for Youth award. Micah Elazier honor of Dr. Peter A. Kurzberg in recognition and hard work have allowed him to overcome is an 11th grader at Jefferson High School of his outstanding contribution to public edu- adversities. and received this award because her deter- cation and his twenty-two years of leadership The dedication demonstrated by Neko mination and hard work have allowed her to in the Braintree, MA School District. Favela is exemplary of the type of achieve- Peter was born and raised in Springfield, overcome adversities. ment that can be attained with hard work and The dedication demonstrated by Micah MA. The son of Holocaust survivors, he was perseverance. It is essential students at all Elazier is exemplary of the type of achieve- the first generation of his family born in the levels strive to make the most of their edu- ment that can be attained with hard work and United States. He graduated from Classical cation and develop a work ethic which will perseverance. It is essential students at all High School in 1965. Subsequently, he earned guide them for the rest of their lives. levels strive to make the most of their edu- a Bachelor of Arts degree in Early Childhood I extend my deepest congratulations to cation and develop a work ethic which will Education and Child Development from God- Neko Favela for winning the Arvada Wheat guide them for the rest of their lives. dard College. Ridge Service Ambassadors for Youth award. I extend my deepest congratulations to Peter began his teaching career as a spe- I have no doubt he will exhibit the same dedi- Micah Elazier for winning the Arvada Wheat cial needs teacher in East Hartford, CT, where cation and character in all of his future accom- Ridge Service Ambassadors for Youth award. he also served as Vice-President of the East plishments. Hartford Education Association. He continued I have no doubt she will exhibit the same dedi- f cation and character in all of her future ac- his education while teaching and received his complishments. Master of Science degree in Special Edu- HONORING REVEREND DR. cation from Central Connecticut State College. RICHARD B. HAYNES f After five years of teaching, Peter attended the TRIBUTE TO PATERNE University of Iowa where he earned his Edu- HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. AGBOHESSOU cation Specialist degree (Ed.S) in Special OF GEORGIA Education and his Doctorate (Ph.D) in Edu- IN THE HOUSE OF REPRESENTATIVES cational Administration. HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. Wednesday, May 15, 2013 OF GEORGIA While attending graduate school in Iowa, Peter worked as a special education consult- Mr. JOHNSON of Georgia. Mr. Speaker, I IN THE HOUSE OF REPRESENTATIVES ant and secured his administrative position as submit the following Proclamation. Wednesday, May 15, 2013 Coordinator of Special Education for the Grant Whereas, in the Fourth Congressional Dis- Mr. JOHNSON of Georgia. Mr. Speaker, I Wood Area Education Agency assigned to trict of Georgia, there are many individuals submit the following Proclamation. Iowa City. who are called to contribute to the needs of Whereas, in the Fourth Congressional Dis- Mister Speaker, Peter returned to Massa- our community through Pastoral leadership trict of Georgia, there are many individuals chusetts in 1981 as the Director of Special and service; and

VerDate Mar 15 2010 04:30 May 16, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A15MY8.009 E15MYPT1 tjames on DSK6SPTVN1PROD with REMARKS E666 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 2013 Whereas, Reverend Dr. Richard B. Haynes Essex County, New Jersey, which is cele- center for the state of Georgia, DeKalb Coun- has given of himself to lead Salem Baptist brating its 75th Anniversary. ty, the YMCA, her beloved church, Greater Church these past twenty-five years; and The need for a rescue squad in Cedar Travelers Rest Baptist and for her beloved Whereas, Reverend Dr. Richard B. Haynes Grove was realized in 1938. When a resident Alpha Kappa Alpha Sorority, Inc.; and under the guidance of God has pioneered and of Cedar Grove was in need of immediate Whereas, this virtuous Proverbs 31 woman sustained Salem Baptist Church as an instru- help, and the only rescue squad available was was a mother, a daughter and a friend; she ment in our community that betters the spir- in the nearby Township of Verona. It was May, was a warrior, a matriarch, and a woman of itual, physical and mental welfare of our citi- 1938, that a group of firemen formed the great integrity; and zens; and Cedar Grove Rescue Squad, with the express Whereas, the U.S. Representative of the Whereas, this remarkable and tenacious purpose of providing emergency medical care Fourth District of Georgia has set aside this man of God has shared his time and talents and rescue services to those in need. The day to bestow a Congressional recognition on for the betterment of our community for the Rescue Squad was based in Center Fire Ms. Polly Meriwether Lewis for her leadership, past twenty five (25) years by preaching the Company #1, and was the sole provider of friendship and service to all of the citizens in gospel, singing the gospel and living the gos- emergency medical care to the residents of Georgia and throughout the Nation; pel; and Cedar Grove for thirteen years. Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- Whereas, Reverend Dr. Richard B. Haynes In 1951, the Township of Cedar Grove SON, Jr., do hereby attest to the 113th Con- is a spiritual warrior, a man of compassion, a faced a dramatic upsurge in emergency calls, gress that Ms. Polly Meriwether Lewis of man of great courage, a fearless leader and a causing eight Auxiliary Policemen and eight DeKalb County, Georgia is deemed worthy servant to all, but most of all a visionary who residents to form the Cedar Grove Ambulance and deserving of this ‘‘Congressional Honor’’: has shared with not only Salem Baptist Unit. The Unit was based out of the Municipal Ms. Polly Meriwether Lewis, U.S. Citizen of Church, but with Gwinnett County and the Building. In the following years, the Township Distinction in the 4th Congressional District of world his passion to spread the gospel of continued to grow, as did the number of emer- Georgia. Jesus Christ; and gency calls. The need for more volunteers, ve- Proclaimed, this 7th day of March, 2013. Whereas, the U.S. Representative of the hicles, and space was patent. In 1962, the f Fourth District of Georgia has set aside this Ambulance Unit moved its headquarters to the day to honor and recognize Reverend Dr. intersection of Cedar Street and Ridge Road, OUR UNCONSCIONABLE NATIONAL Richard B. Haynes for his leadership and and in 1965, the Rescue Squad moved to its DEBT service for our District as he celebrates his headquarters at Pompton Avenue and Myrtle 25th Pastoral anniversary; now therefore, I, Avenue. The two organizations worked to- HON. MIKE COFFMAN HENRY C. ‘‘HANK’’ JOHNSON, Jr. do hereby pro- gether to provide care and services to the OF COLORADO claim March 10, 2013 as Reverend Dr. Rich- residents of Cedar Grove, with the Rescue IN THE HOUSE OF REPRESENTATIVES Squad handling on-scene work and the Ambu- ard B. Haynes Day in the 4th Congressional Wednesday, May 15, 2013 District of Georgia. lance Unit providing transportation to the hos- Proclaimed, this 10th day of March, 2013. pital. Mr. COFFMAN. Mr. Speaker, on January f In the early eighties, new state regulations 20, 2009, the day President Obama took of- and the overwhelming amount of calls led to fice, the national debt was NOE URIAS merger negotiations between the Rescue $10,626,877,048,913.08. Squad and Ambulance Unit. In 1982, the Today, it is $16,760,961,851,934.60. We’ve HON. ED PERLMUTTER merger resulted in the Cedar Grove Ambu- added $6,134,084,803,021.52 to our debt in 4 OF COLORADO lance and Rescue Squad. Today, the squad years. This is $6 trillion in debt our nation, our IN THE HOUSE OF REPRESENTATIVES has over sixty members that handle over economy, and our children could have avoided 1,600 calls annually. They have three ambu- with a balanced budget amendment. Wednesday, May 15, 2013 lances in operation, and a heavy-duty rescue f Mr. PERLMUTTER. Mr. Speaker, I rise truck equipped with the latest in rescue and today to recognize and applaud Noe Urias for medical equipment. The members, a remark- NATIONAL POLICE WEEK receiving the Arvada Wheat Ridge Service able group of men and women, remain dedi- Ambassadors for Youth award. Noe Urias is a cated to serving the residents of Cedar Grove, HON. TED POE 12th grader at Warren Tech North and re- and providing the best care in emergency situ- OF TEXAS ceived this award because his determination ations. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I ask you and my colleagues and hard work have allowed him to overcome Wednesday, May 15, 2013 adversities. to join me in congratulating the Cedar Grove The dedication demonstrated by Noe Urias Ambulance and Rescue Squad as they cele- Mr. POE of Texas. Mr. Speaker, this week is exemplary of the type of achievement that brate their 75th Anniversary. we honor our local, state and federal law en- can be attained with hard work and persever- f forcement officers by recognizing National Po- ance. It is essential students at all levels strive lice Week. From May 13–17, communities HONORING POLLY MERIWETHER to make the most of their education and de- across the nation will hold ceremonies, hon- LEWIS velop a work ethic which will guide them for oring the peace officers who protect them and the rest of their lives. remembering those who lost their lives in the I extend my deepest congratulations to Noe HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. line of duty. We take one week a year to Urias for winning the Arvada Wheat Ridge OF GEORGIA thank them for their service, but we are grate- Service Ambassadors for Youth award. I have IN THE HOUSE OF REPRESENTATIVES ful year-round. no doubt he will exhibit the same dedication Wednesday, May 15, 2013 Peace officers have protected Americans for and character in all of his future accomplish- Mr. JOHNSON of Georgia. Mr. Speaker, I the last 221 years, but our nation has cele- ments. present the following U.S. Citizen of Distinc- brated their service and remembered their f tion. sacrifices since 1962 when President John F. Whereas, our lives have been touched by Kennedy first proclaimed May 15 as National HONORING THE CEDAR GROVE AM- the life of this one woman, who gave of her- Peace Officers Memorial Day. BULANCE AND RESCUE SQUAD’S self in order for others to stand; and Nearly one million peace officers serve our 75TH ANNIVERSARY Whereas, Ms. Polly Meriwether Lewis’ work communities selflessly nationwide. Every day, is present in DeKalb County, Georgia for all to these brave men and women put on their uni- HON. RODNEY P. FRELINGHUYSEN see, being an advocate for the youth, the el- form, pin on their badge and put themselves OF NEW JERSEY derly, the poor and ordinary citizens; and in harm’s way. Their daily job is to protect our IN THE HOUSE OF REPRESENTATIVES Whereas, this remarkable woman gave of communities, our lives and our property. When herself, her time, her talent and her life; never the outlaws—the drug dealers, child molest- Wednesday, May 15, 2013 asking for fame or fortune but only to uplift ers, wife beaters, robbers, bandits, murderers Mr. FRELINGHUYSEN. Mr. Speaker, I rise those in need; and and street terrorists—threaten our commu- today to honor the Cedar Grove Ambulance Whereas, Ms. Polly Meriwether Lewis led by nities, peace officers are the first ones to track and Rescue Squad, located in Cedar Grove, doing behind the scenes, as well as front and them down. With their service, comes risk and

VerDate Mar 15 2010 04:30 May 16, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A15MY8.012 E15MYPT1 tjames on DSK6SPTVN1PROD with REMARKS May 15, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E667 sacrifice. We remember the 120 officers who ical services, but she also provided a ‘‘sooth- ment that can be attained with hard work and paid the ultimate sacrifice with their lives last ing word to people when they needed it’’. She perseverance. It is essential students at all year while in the line of duty. was known to be ‘‘terrifically confident and levels strive to make the most of their edu- Peace officers separate us from the out- competent.’’ cation and develop a work ethic which will laws. They separate anarchy from law and After serving 25 years on Capitol Hill, she guide them for the rest of their lives. order. They help bring justice to crime victims, received a Letter of Commendation for her ex- I extend my deepest congratulations to Mer- and peace to communities that crime has af- tended service from Dr. Robert C. J. Krasner, cedes Figueroa for winning the Arvada Wheat fected. We must support our peace officers the Former Attending Physician of the Capitol. Ridge Service Ambassadors for Youth award. because they support us, the home-front. And Soon afterwards she retired in February 1992 I have no doubt she will exhibit the same dedi- that’s just the way it is. with plans to travel with her husband, Eugene cation and character in all of her future ac- f Benoit, and ‘‘read a few good books’’. In April complishments. 19, 2013 Alice passed away from pneumonia f MAYRA BARRERA at an assisted-living facility in Melbourne, Flor- HONORING THE MENTAL HEALTH ida. ASSOCIATION OF MORRIS COUN- HON. ED PERLMUTTER f TY’S 60TH ANNIVERSARY OF COLORADO TRIBUTE TO CLARENCE IN THE HOUSE OF REPRESENTATIVES NATHANIEL HOLT HON. RODNEY P. FRELINGHUYSEN Wednesday, May 15, 2013 OF NEW JERSEY Mr. PERLMUTTER. Mr. Speaker, I rise HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. IN THE HOUSE OF REPRESENTATIVES today to recognize and applaud Mayra Barrera OF GEORGIA Wednesday, May 15, 2013 for receiving the Arvada Wheat Ridge Service IN THE HOUSE OF REPRESENTATIVES Mr. FRELINGHUYSEN. Mr. Speaker, I rise Ambassadors for Youth award. Mayra Barrera Wednesday, May 15, 2013 today to honor the Mental Health Association is a 12th grader at Jefferson High School and Mr. JOHNSON of Georgia. Mr. Speaker, I of Morris County; located in the Borough of received this award because her determination Mountain Lakes, New Jersey, which is cele- and hard work have allowed her to overcome present the following U.S. Citizen of Distinc- tion. brating its 60th Anniversary. adversities. The Mental Health Association of Morris Whereas, we are gathered to celebrate the The dedication demonstrated by Mayra County is a local chapter of the New Jersey life of Mr. Clarence Nathaniel Holt, a corner- Barrera is exemplary of the type of achieve- Division of the National Mental Health Asso- ment that can be attained with hard work and stone in the Providence community; and Whereas, Mr. Clarence Nathaniel Holt was ciation, now known as Mental Health America. perseverance. It is essential students at all born in Nashville, Tennessee, educated in the In earlier days of mental health treatment, asy- levels strive to make the most of their edu- lums often restrained the mentally ill with Davidson County Public Schools and was a cation and develop a work ethic which will chains and shackles. With the advent of better longtime member of Lake Providence Mis- guide them for the rest of their lives. understanding came more humane treatments, sionary Baptist Church; and I extend my deepest congratulations to Whereas, he was a member of the ‘‘Great- and the cruel practice was halted. In the early Mayra Barrera for winning the Arvada Wheat est Generation’’ having served our nation with 1950s, Mental Health America issued a call to Ridge Service Ambassadors for Youth award. asylums across the country for their discarded honor in the U.S. Army during World War II; I have no doubt she will exhibit the same dedi- fetters. On April 13, 1956, the McShane Bell and cation and character in all of her future ac- Whereas, Mr. Holt gave of himself, his time, Foundry in Baltimore, Maryland, recast these complishments. his talent and his life with unwavering commit- into the Mental Health Bell, to be a sign of f ment to his family and community; and hope for improving mental health and achieving victory over mental illnesses. The bell, now IN RECOGNITION OF THE DEEDS Whereas, he was a husband, a father, a grandfather, a neighbor and a friend; he was the symbol of Mental Health America, serves AND SERVICES OF ALICE M. BE- as a powerful reminder of the invisible chains NOIT a man who enjoyed life, savoring the moments with Jennie, his wife and life partner of sixty- of misunderstanding and discrimination that two (62) years and their three children, Clar- continue to bind people with mental illnesses. The Mental Health Association of Morris HON. CHARLES B. RANGEL ence, Kathy and Charles; and County was incorporated in 1953, when a OF NEW YORK Whereas, the U.S. Representative of the small number of people in recovery from men- IN THE HOUSE OF REPRESENTATIVES Fourth District of Georgia recognizes Mr. Clar- tal illness and their families decided to bring Wednesday, May 15, 2013 ence Nathaniel Holt as a citizen of great worth the advocacy organization local, for a better and so noted distinction; now therefore, I, Mr. RANGEL. Mr. Speaker, I rise today to mental health system of care. The mission of HENRY C. ‘‘HANK’’ JOHNSON, Jr., do hereby at- honor, recognize, and invoke the memory of this organization is to promote mental health test to the 113th Congress that Mr. Clarence Alice M. Benoit, a nurse that traveled around and to support and empower people in recov- Nathaniel Holt is deemed worthy and deserv- the world, from Libya, to Mexico, and finally to ery from mental illness through effective serving of this ‘‘Congressional Honor’’ by declaring D.C. where she settled as a nurse at the Ray- ices, education, and advocacy. Within the Mr. Clarence Nathaniel Holt, U.S. Citizen of burn House Office Building giving 25 years of community of Morris County, the Mental Distinction in the 4th Congressional District of excellent service. Health Association provides services to those Georgia. Alice M. Benoit was born in St. John’s, Proclaimed, this 7th day of February, 2013. who are most devastated by mental illness, Newfoundland and immigrated to the United giving them hope for recovery. They employ States in 1945 in order to ‘‘see the world’’. f peer workers who have gone through similar Pursuant to that dream, she joined the Army MERCEDES FIGUEROA struggles to help coach the next generation of Nurse Corps where she assisted in healing mentally ill. The organization aids those in our soldiers in U.S. bases in Libya and in HON. ED PERLMUTTER need transition from homelessness to housing, 1948 was granted U.S. citizenship. She also OF COLORADO and from psychiatric hospitals to the commu- served as head nurse at the U.S. embassy in IN THE HOUSE OF REPRESENTATIVES nity. Additionally, the Mental Health Associa- Mexico City and afterwards she worked in tion of Morris County serves as advocates of Texas, Alabama, and Florida. Wednesday, May 15, 2013 community education, improvement of serv- Later on she found herself on Capitol Hill Mr. PERLMUTTER. Mr. Speaker, I rise ices, policies, and resources, and promotes looking for employment. She had an interview today to recognize and applaud Mercedes self help. with the Attending Physician’s office and land- Figueroa for receiving the Arvada Wheat The goal of independence for those suf- ed a job at the Rayburn House Office Building Ridge Service Ambassadors for Youth award. fering, both financially and in conducting their in 1967. During her tenure on the Hill, she Mercedes Figueroa is an 8th grader at Wheat lives, is an important aspect of promoting provided health services to Members of Con- Ridge 5–8 and received this award because wellness. Financial support and counseling al- gress, staff members, and the American peo- her determination and hard work have allowed lows mentally ill people to live independently ple who came to visit the Capitol every day. her to overcome adversities. in their permanent housing opportunities Former Representative Tom Downey (D–NY) The dedication demonstrated by Mercedes where they might otherwise end up in expen- remembered that Alice not only provided med- Figueroa is exemplary of the type of achieve- sive institutional or jail facilities. Their Peer-to-

VerDate Mar 15 2010 04:30 May 16, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A15MY8.016 E15MYPT1 tjames on DSK6SPTVN1PROD with REMARKS E668 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 2013 Peer Support Line, staffed by those recovering These 50 heroes join more than 98,000 vet- worth, fearless leaders and servants to all by from mental illness, also provides cost-efficient erans from across the country who, since always advancing the lives of others; and access to counselors if the mentally ill person 2005, have journeyed from their home states Whereas, this year we celebrate a couple is suffering from a psychiatric emergency. to Washington, D.C. to reflect at the memo- that is blessed with a happy life, devoted to These services reach over 3,000 people per rials built in honor of our nation’s veterans. God, family and community; and year. The Mental Health Association of Morris Mr. Speaker, each of us is humbled by the Whereas, the works of Reverend and Mrs. County has a staff of 85, a volunteer Board of courage of these soldiers, sailors, airmen, and Battle have and continue to enhance the lives Directors, and over 100 volunteers working to Marines who put themselves in harm’s way for of citizens in our district and beyond, we achieve this mission, on a budget of only $6 our country and way of life. As a nation, we pause to acknowledge their unyielding service, million. They are a lead county agency in pro- can never fully repay the debt of gratitude for they are truly cornerstones in DeKalb moting recovery and wellness from people owed to them for their honor, commitment, County, Georgia; and with mental illness and their families. They and sacrifice in defense of the freedoms we Whereas, the U.S. Representative of the continue to embody a just and humane ap- have today. Fourth District of Georgia has set aside this proach to promoting integration into a commu- My colleagues, please join me in thanking day to honor and recognize Reverend and nity in which all people with mental illness are these veterans and the volunteers of Honor Mrs. Battle on their accomplishments this year accorded respect, dignity, and the opportunity Flight of Oregon for their exemplary dedication and to wish them well and recognize them for to achieve their full potential, free from stigma and service to this great country. I especially their exemplary lives which are an inspiration and discrimination. want to recognize and thank Dick and Erik to all; now therefore, I, HENRY C. ‘‘HANK’’ Mr. Speaker, I ask you and my colleagues Tobiason for their tireless work with Honor JOHNSON, Jr. do hereby proclaim February 23, to join me in congratulating the Mental Health Flight of Eastern Oregon. 2013 as Reverend Dr. Noel Battle and Mrs. Association of Morris County as they celebrate f Martha Battle Day in the 4th Congressional their 60th Anniversary. District of Georgia. NICK HALL f Proclaimed, this 23rd day of February, 2013. TRIBUTE TO HONOR FLIGHT OF HON. ED PERLMUTTER f OREGON OF COLORADO MORGAN JEWELL HON. GREG WALDEN IN THE HOUSE OF REPRESENTATIVES Wednesday, May 15, 2013 OF OREGON HON. ED PERLMUTTER IN THE HOUSE OF REPRESENTATIVES Mr. PERLMUTTER. Mr. Speaker, I rise OF COLORADO today to recognize and applaud Nick Hall for IN THE HOUSE OF REPRESENTATIVES Wednesday, May 15, 2013 receiving the Arvada Wheat Ridge Service Wednesday, May 15, 2013 Mr. WALDEN. Mr. Speaker, I rise to recog- Ambassadors for Youth award. Nick Hall is an Mr. PERLMUTTER. Mr. Speaker, I rise nize the 50 World War II veterans from Or- 8th grader at North Arvada Middle School and today to recognize and applaud Morgan Jewell egon who will be visiting their memorial this received this award because his determination for receiving the Arvada Wheat Ridge Service Friday in Washington, D.C. through Honor and hard work have allowed him to overcome Ambassadors for Youth award. Morgan Jewell Flight of Eastern Oregon. On behalf of a adversities. is an 11th grader at Jefferson High School grateful state and country, we welcome these The dedication demonstrated by Nick Hall is and received this award because her deter- heroes to the nation’s capital. exemplary of the type of achievement that can mination and hard work have allowed her to The veterans on this flight from Oregon are be attained with hard work and perseverance. overcome adversities. as follows: Lloyd Harry Bigler, U.S. Air Force; It is essential students at all levels strive to The dedication demonstrated by Morgan Gordon L. Case, U.S. Air Force; Marion Elza make the most of their education and develop Jewell is exemplary of the type of achieve- Hill, U.S. Air Force; Robert Verdell Lance, a work ethic which will guide them for the rest ment that can be attained with hard work and U.S. Air Force; Glenn M. Lee, U.S. Air Force; of their lives. perseverance. It is essential students at all James Minturn, U.S. Air Force; Arthur H. I extend my deepest congratulations to Nick levels strive to make the most of their edu- Moon, U.S. Air Force; Earl Thompson, U.S. Hall for winning the Arvada Wheat Ridge cation and develop a work ethic which will Air Force; Charles M. Williams, U.S. Air Force; Service Ambassadors for Youth award. I have Richard K. Blackwell, U.S. Army; Lawrence guide them for the rest of their lives. no doubt he will exhibit the same dedication I extend my deepest congratulations to Mor- Bloom, U.S. Army/U.S. Navy; Merle J. Cooper, and character in all of his future accomplish- U.S. Army; Ambrose Denfeld, U.S. Army; Rob- gan Jewell for winning the Arvada Wheat ments. Ridge Service Ambassadors for Youth award. ert F. Dougherty, U.S. Army/U.S. Air Force; f Jack E. Lawrence, U.S. Army; Frank James I have no doubt she will exhibit the same dedi- Mackey, U.S. Army; Jack Marsh, U.S. Army; HONORING REV. DR. NOEL BATTLE cation and character in all of her future ac- William Ross Maslen, U.S. Army; Joanna S. AND MARTHA HALL BATTLE complishments. Painter, U.S. Army; Frank M. Rinella, U.S. f Army/U.S. Navy; James Souza, U.S. Army; HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. TRIBUTE TO MARY GLENN Harvey Wieprecht, U.S. Army; Charles John- OF GEORGIA son, U.S. Coast Guard; Eldon Lewis IN THE HOUSE OF REPRESENTATIVES HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. Cedergreen, U.S. Marine Corps; Richard J. OF GEORGIA Courson, U.S. Marine Corps; Milton R. Emer- Wednesday, May 15, 2013 IN THE HOUSE OF REPRESENTATIVES son, U.S. Marine Corps; Harold G. Lowry, Mr. JOHNSON of Georgia. Mr. Speaker, I U.S. Marine Corps; Arthur Edward Tinker, submit the following proclamation. Wednesday, May 15, 2013 U.S. Marine Corps; Harold E. Wyman, U.S. Whereas, on January 26, 1933, a tenacious Mr. JOHNSON of Georgia. Mr. Speaker, I Marine Corps; Francis H. Bagley, U.S. Navy; man of God, Reverend Dr. Noel Battle was present the following U.S. Citizen of Distinc- Everett H. Belcher, U.S. Navy; Kenneth Ray born in Union Point, Georgia; and tion. Book, U.S. Navy; John C. Drake, U.S. Navy; Whereas, on February 14, 1937, a virtuous Whereas, our lives have been touched by Richard E. Ernst, U.S. Navy; Galen L. woman of God, Martha Hall Battle was born in the life of this one woman . . . who has given Goodale, U.S. Navy; Elmer LeRoy Grady, U.S. Greensboro, Georgia; and of herself in order for others to stand; and Navy; Leroy J. Hennrich, U.S. Navy; Leland P. Whereas, they both were raised in Georgia Whereas, Ms. Mary Glenn’s work is present Johnson, U.S. Navy; Vernon O. Keiper, U.S. and they married on August 31, 1958, at the in DeKalb County, Georgia, for all to see, Navy; Andrew Doyle Knox, U.S. Navy; Richard Springfield Baptist Church in Greensboro, being an advocate for the youth, the elderly, A. Leibham, U.S. Navy; James Frederick Georgia; their union was blessed with four the poor and ordinary citizens like you and Leitch, U.S. Navy; Erwin A. Marsh, U.S. Navy; children, thirteen grandchildren and five great- me; and Richard Guy Miller, U.S. Navy; Addison Parry, grandchildren; and Whereas, this remarkable woman gave of U.S. Navy; Walter Prosser, U.S. Navy; Ches- Whereas, this phenomenal Proverbs 31 herself, her time, her talent and her life; she ter Leroy Smith, U.S. Navy; John E. Van woman and this stellar man of God have never asked for fame or fortune to uplift those Laning, U.S. Navy; Robert J. Wyatt, U.S. shared their time and talents as inspirational in need, she just wanted to do what was right; Navy; Alice Maxine Tatone, U.S. Navy WAVE. pillars in our district, being citizens of great and

VerDate Mar 15 2010 04:30 May 16, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A15MY8.019 E15MYPT1 tjames on DSK6SPTVN1PROD with REMARKS May 15, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E669 Whereas, Ms. Mary Glenn led by doing be- a fearless leader and a servant to all who population in order to address that commu- hind the scenes, front and center for the state wants to insure that the system works for ev- nity’s unmet needs. While it focuses on Afri- of Georgia, DeKalb County, her church, Ebe- eryone; and can Americans, the Village Project is dedi- nezer Baptist Church and for her beloved so- Whereas, Ms. Lorraine Gobert is a corner- cated to providing services to anyone who rority, Delta Sigma Theta Sorority, Inc.; this stone in our community that has enhanced the needs them. It offers mental health coun- virtuous Proverbs 31 woman was a mother, lives of thousands for the betterment of our seling, a parenting program, several academic grandmother, a daughter and a friend; she District and Nation; and support groups for youth, as well as support was our warrior, our matriarch, a woman of Whereas, the U.S. Representative of the for community-building. great integrity who remained true to the uplift- Fourth District of Georgia has set aside this Mel Mason, who serves as the organiza- ing of our district until her end; and day to honor and recognize Ms. Lorraine tion’s executive director and primary coun- Whereas, the U.S. Representative of the Gobert on her retirement from the Internal selor, ensures that the Village Project works in Fourth District of Georgia has set aside this Revenue Service and to wish her well in her partnership with community organizations, day to bestow a Congressional recognition on new endeavors; now therefore, I, HENRY C. schools, faith-based institutions, and other Ms. Mary Glenn for her leadership, friendship ‘‘HANK’’ JOHNSON, Jr., do hereby proclaim Jan- agencies to collectively support children and and service to all of the citizens in Georgia uary 30, 2013 as Ms. Lorraine Gobert Day in families of all cultures. It is a true measure of and throughout the Nation; a citizen of great the 4th Congressional District. its broad base of support that the organiza- worth and so noted distinction; now therefore, Proclaimed, this 30th day of January, 2013. tion’s board is a who’s who of community I, HENRY C. ‘‘HANK’’ JOHNSON, Jr., do hereby f leaders who see many of the goals of their attest to the 113th Congress that Ms. Mary NUVIA RAMIREZ own work realized in the efforts of the Village Glenn of DeKalb County, Georgia is deemed Project. worthy and deserving of this ‘‘Congressional Mr. Speaker, I know I speak for the whole Honor’’: Ms. Mary Glenn, U.S. Citizen of Dis- HON. ED PERLMUTTER House in congratulating the Village Project on OF COLORADO tinction in the 4th Congressional District. its five year anniversary, expressing our grati- Proclaimed, this 9th day of February, 2013. IN THE HOUSE OF REPRESENTATIVES tude for all of the good accomplished in that f Wednesday, May 15, 2013 time, and our best wishes for the years of community service to come. REMEMBERING AND HONORING Mr. PERLMUTTER. Mr. Speaker, I rise THE LIFE OF MARY JUDITH today to recognize and applaud Nuvia Rami- HONISEK rez for receiving the Arvada Wheat Ridge f Service Ambassadors for Youth award. Nuvia IN RECOGNITION OF THE LIFE OF Ramirez is an 8th grader at Wheat Ridge 5– REVEREND NIMROD REYNOLDS HON. PETER T. KING 8 and received this award because her deter- OF NEW YORK mination and hard work have allowed her to IN THE HOUSE OF REPRESENTATIVES overcome adversities. HON. MIKE ROGERS Wednesday, May 15, 2013 The dedication demonstrated by Nuvia Ra- OF ALABAMA mirez is exemplary of the type of achievement Mr. KING of New York. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES that can be attained with hard work and perse- today to acknowledge the passing of Mary Ju- verance. It is essential students at all levels Wednesday, May 15, 2013 dith Honisek of Connellsville, Pennsylvania strive to make the most of their education and Mr. ROGERS of Alabama. Mr. Speaker, I who died on April 30th at the age of 97. develop a work ethic which will guide them for respectfully ask for the House’s attention Mrs. Honisek was definitely a woman before the rest of their lives. today to honor the late Reverend Nimrod Rey- her time. A graduate of Seton Hill College, she I extend my deepest congratulations to nolds. was a World War II veteran, serving as a Cap- Nuvia Ramirez for winning the Arvada Wheat tain in the United States Medical Corps in Reverend Nimrod Reynolds was born on Ridge Service Ambassadors for Youth award. April 30th, 1931, to the late Shelly and Bessie England and France. I have no doubt she will exhibit the same dedi- Mrs. Honisek was the mother of two daugh- Reynolds of Chambers County, Alabama. In cation and character in all of her future ac- ters, Judith and Jane, and the grandmother of 1957, he married the late Luenell (Todd) Rey- complishments. David and Gregory. She was active in her par- nolds. Together they had two children, ish, Immaculate Conception Roman Catholic f Tammye Quinnell and Andre’ deKoven. Church, and was an endless source of knowl- IN HONOR OF THE VILLAGE In 1949, Nimrod graduated from Chambers edge and advice for friends and family mem- PROJECT County High School and in 1954 he graduated bers including my wife Rosemary who was her with a Bachelor of Arts from Clark College in niece. HON. SAM FARR Atlanta, Georgia. Three years later, Nimrod re- Mary Judith Honisek was beloved by all who ceived his Masters Degree from the Inter- OF CALIFORNIA national Theological Seminary. He continued were privileged to know her. May she rest in IN THE HOUSE OF REPRESENTATIVES peace. his education, and in 1993, received his Doc- Wednesday, May 15, 2013 torate of Ministry from Wesleyan Theological f Mr. FARR. Mr. Speaker, I rise today to con- Seminary in Washington, D.C. HONORING LORRAINE GOBERT gratulate the Village Project for five years of In fall of 1958, he became pastor of First exemplary service. Founded in 2008, the Vil- Baptist Church in Union Springs, Alabama, HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. lage Project sought to fill the gap in mental and in 1960, he began preaching at 17th OF GEORGIA health and family counseling services geared Street Missionary Baptist Church in Anniston, Alabama. After the bus bombing in Anniston, IN THE HOUSE OF REPRESENTATIVES toward the African American community on the Monterey Peninsula in particular and the Reverend Reynolds founded the Calhoun Wednesday, May 15, 2013 broader Monterey Bay Area as a whole. County Improvement Association. His dedica- Mr. JOHNSON of Georgia. Mr. Speaker, I The Village Project was born from the ef- tion to Civil Rights continued and in 1967 he submit the following proclamation. forts and love of many people. But it was Mel and his two children integrated Tenth Street Whereas, twenty seven years ago a virtuous and Regina Mason who truly made it happen. Elementary School. woman of God accepted her calling to serve They designed the project and spent countless In 1969, he was appointed to the national in the Internal Revenue Service in Houston, hours in chasing down all the myriad of clin- board of the SCLC. In 1976, Reverend Rey- Texas; and ical, fiscal, administrative, and other details nolds was elected as the first black president Whereas, Ms. Lorraine Gobert began her that turned the idea of the Village Project into of the Anniston City Board of Education. In career with the IRS as a W–4 Clerk in 1986 a reality. Indeed, it is their love and dedication 2012, he was recognized by both the Univer- and today retires as a member of the Tax- to the people of the Monterey Bay region that sity of Alabama and the Alabama Black payer Advocate Service Team in Atlanta, infuse every aspect of the Village Project and Achievers for his work in civil rights. Georgia; and has made it such a success in its short his- Please join me in celebrating Reverend Whereas, this phenomenal woman has tory. Reynolds’ achievements in the Third District of shared her time and talents, giving the citizens The Village Project provides culturally-ap- Alabama and in honoring his legacy of civic of our District a friend to help those in need, propriate services to the African American engagement.

VerDate Mar 15 2010 04:53 May 16, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A15MY8.022 E15MYPT1 tjames on DSK6SPTVN1PROD with REMARKS E670 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 2013 PUERTO RICO STATUS IN HONOR OF MADISON CENTRAL a public servant with professionalism, fairness, LEGISLATION INDIANS BASKETBALL TEAM and integrity. Brigadier General Yee was commissioned ´ HON. ANDY BARR as an Infantry Officer in 1987 after graduating HON. NYDIA M. VELAZQUEZ OF KENTUCKY from Santa Clara University, where he earned a bachelor of science degree in combined OF NEW YORK IN THE HOUSE OF REPRESENTATIVES science. He also obtained a master’s degree IN THE HOUSE OF REPRESENTATIVES Wednesday, May 15, 2013 in business administration from Golden Gate Mr. BARR. Mr. Speaker, I rise with great University and a master’s degree in strategic Wednesday, May 15, 2013 pride to recognize a group of young men from studies from the Army War College. Ms. VELA´ ZQUEZ. Mr. Speaker, if we are to Madison County in Kentucky’s Sixth Congres- Throughout his military career he has held fairly resolve the issue of Puerto Rico’s status, sional District, who tirelessly worked this sea- an assortment of staff and command positions. Brigadier General Yee recently returned we must find a framework for true self-deter- son to accomplish what athletes across our from Afghanistan, where he served as Deputy mination. The ‘‘Puerto Rico Status Resolution great Commonwealth of Kentucky often dream of accomplishing during their high school ten- Commander for the 335th Signal Command Act’’ being introduced today fails that test in ure. from October 2011 until October 2012. During every aspect: it denies Puerto Ricans a true This band of brothers, the Madison Central his time in Afghanistan, he provided senior vehicle for self-determination and fabricates a Indians, successfully beat Ballard High School leadership for all of the 335th Signal Com- superficial majority in favor of statehood. in a last-second shot to be crowned cham- mand operations. Brigadier General Yee de- I think it is critical that my colleagues under- pions of the 96th Annual Kentucky High ployed to Iraq in 2006 as the lead Theater Ob- stand how flawed the process was for the School Athletic Association (KHSAA) Sweet servation Detachment Officer on behalf of the plebiscite held in November of 2012. By rig- Sixteen Championship. Center for Army Lessons Learned, which is ging the process, architects of this vote effec- In a state where basketball is not a pastime, where he authored a handbook on provincial tively ensured that the outcome would be a re- but a passion, our youth are raised dreaming reconstruction teams in Iraq. sult they desired. of the sound of the crowd in the hallowed halls Most recently, in December 2012, Brigadier of Rupp Arena. This year over 17,000 fans General Yee became Deputy Commander for It should be recognized that votes cast in cheered these young men to victory. Mobilization for the Military Surface Deploy- favor of statehood did not exceed 44 per- For head coach Allen Feldhaus, Jr., this ment and Distribution Command at Scott Air cent—a number that has remained relatively championship holds a special place. The last Force Base. flat for two decades. It is important to note that time he was in a state championship game, it I want to thank Brigadier General Yee for 26 percent of voters cast blank ballots during was in 1981 being coached by his father, his continued service and commitment to our this part of the vote. These votes should be Allen Feldhaus, Sr. Clearly the love for the country. The United States appreciates his ef- considered votes against statehood as casting basketball is a family affair that made it to the forts to ensure our rights and benefits are pro- a blank ballot is part of traditional form of ob- record books; this duo is the only father and tected. I wish him the best of luck in his new jecting to an unfair process in Puerto Rican son pair to have both coached in a state position. political history. Indeed, during this ref- championship game. f erendum, the Commonwealth Party adopted a Led by eight seniors, this team did what it CONGRATULATING EAST PEORIA resolution asking voters to protest the process took on the court and in the classroom. I com- SCHOOL DISTRICT 86 ON BEING by casting blank ballots. In short, even with mend the teamwork of the following men: Zach Jarvis, George Walker, Daniel Parke, NAMED A BEST COMMUNITY FOR this unfair and flawed process, 55 percent of MUSIC EDUCATION Puerto Rican voters cast ballots unsupportive Ken-Jah Bosley, Coty Alexander, Ross of statehood. Ramsey, Griffin Hotchkiss, Demarcus George, Nick Kavanaugh, Kirkland Humphrey, Chris HON. AARON SCHOCK Despite these numbers, the bill being pro- Conner, Dominique Hawkins, Hunter Stocker, OF ILLINOIS posed today continues to perpetuate this un- John Williams, Tariq Smith, Sam Jones, Cam- IN THE HOUSE OF REPRESENTATIVES fair political gamesmanship, seeking to pro- eron Thomas, Seth Richardson, Jyre Richard- Wednesday, May 15, 2013 mote statehood at the exclusion of other po- son and Quan Taylor. tential political solutions. I would also like to congratulate Dominique Mr. SCHOCK. Mr. Speaker, I rise today to Mr. Speaker, rather than inserting ourselves Hawkins, named the 2013 Kentucky ‘‘Mr. Bas- congratulate East Peoria School District 86 on into the political status debate for Puerto Rico, ketball.’’ Dominique will be attending and play- being distinguished as one of the Best Com- munities for Music Education by the NAMM Congress should be exploring ways to raise ing basketball for my alma mater, the Univer- Foundation. This award recognizes excellence the quality of life for the 3.6 million American sity of Kentucky in the Sixth Congressional in ensuring that students have access to com- citizens who reside in Puerto Rico. By fos- District. I extend my congratulations not only to the prehensive music education, both inside and tering economic development there, encour- outside the classroom, and I applaud their ef- aging outside investment and spurring eco- team, but to the Madison Central coaching staffs, teachers, families and fans who sup- forts. nomic opportunity, we can help all Puerto By making a deliberate decision to elevate Ricans enjoy a better life—while enhancing ported this team throughout the season and helped make this victory possible. diverse musical learning experiences to a pri- the economy of the mainland United States. f ority, the teachers, faculty, and administrators Investments in education and infrastructure of District 86 are embodying a principle that can make Puerto Rico a better place to live, IN RECOGNITION OF BRIGADIER 94 percent of Americans agree with: that while providing a solid foundation for future GENERAL GARRETT S. YEE music is a vital part of a child’s education. generations. Preserving the islands’ natural Study after study has shown that participation beauty and addressing environmental justice HON. ERIC SWALWELL in music and arts advances student achieve- issues is also vitally important. OF CALIFORNIA ment in all areas of study, from math and These are the issues we should be tackling, IN THE HOUSE OF REPRESENTATIVES science to English and language skills. Schools that put a priority on music education rather than requiring Puerto Ricans to partici- Wednesday, May 15, 2013 pate in a flawed process aimed at promoting have students who are more motivated, result- the political goals of a minority of voters. The Mr. SWALWELL of California. Mr. Speaker, ing in lower dropout rates, higher standardized today I recognize Brigadier General Garrett S. ultimate solution for Puerto Rico’s future will test scores, and thriving student body commu- Yee, from Fremont, California who recently nities. be realized by creating economic opportunity was promoted from Colonel to Brigadier Gen- The benefits of music education go far be- and justice, investing in growth and infrastruc- eral by the United States Army. I will be at- yond the four walls of school buildings. In a ture, not through unfair processes that seek to tending a promotion ceremony for Brigadier survey of top U.S. CEO’s, one of the top five foreclose one option in favor of statehood. General Yee on May 19, 2013 at the Niles traits they are looking for in their workforce is I submit a Concurrent Resolution recently Veterans Hall. I am proud to honor Brigadier creativity. Our economy needs innovative considered by the Commonwealth of Puerto General Yee, who has served his community thinkers, problem solvers, and collaborative Rico’s legislature. with excellence and has executed his role as people with the ability to think outside-the-box.

VerDate Mar 15 2010 04:30 May 16, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A15MY8.026 E15MYPT1 tjames on DSK6SPTVN1PROD with REMARKS May 15, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E671 Music education fosters those skills. In addi- Albert Einstein once said, ‘‘If I were not a a measure of peace in a chaotic world. I com- tion, a study by Columbia University revealed physicist, I would probably be a musician. I mend District 86 for their commitment to make that participation in the arts boosts students’ often think in music. I live my daydreams in East Peoria a community where music is ev- self-confidence and ability to express their music. I see my life in terms of music . . . I erywhere and where students achieve success ideas. In ensuring access to music education get most joy in life out of music.’’ The aca- in all their endeavors and congratulate them and experiences for their students, District 86 demic and economic benefits of music are nu- again on this prestigious award. is giving the future leaders of our nation the merous and important, but we also recognize tools they need for success in whatever career the power of music in its own right. The sound path they choose. of an orchestra or a favorite band can give us

VerDate Mar 15 2010 04:30 May 16, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A15MY8.029 E15MYPT1 tjames on DSK6SPTVN1PROD with REMARKS E672 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 2013 SENATE COMMITTEE MEETINGS 10:30 a.m. Committee on Homeland Security and Title IV of Senate Resolution 4, Committee on the Budget Governmental Affairs To hold hearings to examine the nomina- To hold hearings to examine performance agreed to by the Senate of February 4, tion of Brian C. Deese, of Massachu- management and congressional over- 1977, calls for establishment of a sys- setts, to be Deputy Director of the Of- sight, focusing on 380 recommendations tem for a computerized schedule of all fice of Management and Budget. to reduce overlap and duplication. meetings and hearings of Senate com- SD–608 SD–342 mittees, subcommittees, joint commit- 2 p.m. Committee on Small Business and Entre- tees, and committees of conference. Committee on Foreign Relations preneurship This title requires all such committees Business meeting to consider an original To hold hearings to examine how the to notify the Office of the Senate Daily bill relating the the situation in Syria, Science, Technology, Engineering, and Digest—designated by the Rules Com- and an original resolution entitled, Mathematics (STEM) Education Pipe- mittee—of the time, place and purpose ‘‘World Press Freedom Day’’. line can develop a high-skilled Amer- SD–419 ican workforce for small business, fo- of the meetings, when scheduled and 2:30 p.m. cusing on bridging the skills gap. any cancellations or changes in the Select Committee on Intelligence SR–428A meetings as they occur. To hold closed hearings to examine cer- Joint Economic Committee As an additional procedure along tain intelligence matters. To hold hearings to examine the current with the computerization of this infor- SH–219 economic outlook. mation, the Office of the Senate Daily Commission on Security and Cooperation SH–216 Digest will prepare this information for in Europe 10:30 a.m. printing in the Extensions of Remarks To hold hearings to examine the Organi- Committee on Foreign Relations section of the CONGRESSIONAL RECORD zation for Security and Cooperation in Subcommittee on International Develop- on Monday and Wednesday of each Europe (OSCE) Office for Democratic ment and Foreign Assistance, Eco- Institutions and Humans Rights, focus- nomic Affairs, International Environ- week. ing on accomplishments and chal- mental Protection, and Peace Corps Meetings scheduled for Thursday, lenges, including crackdowns on civil To hold hearings to examine different May 16, 2013 may be found in the Daily society in Russia and other countries perspectives on international develop- Digest of today’s RECORD. of the former Soviet Union, anti-Semi- ment. tism and discrimination in the OSCE SD–419 MEETINGS SCHEDULED region, challenges faced by Roma in 12 noon various countries, recent and upcoming Committee on the Judiciary MAY 21 election observations, and protecting To hold hearings to examine certain 9:30 a.m. human rights in the fight against ter- nominations. Committee on Appropriations rorism. SD–226 Subcommittee on Legislative Branch SVC–210/212 2 p.m. To hold hearings to examine proposed 2:45 p.m. Committee on Homeland Security and budget estimates for fiscal year 2014 for Committee on Foreign Relations Governmental Affairs the Government Accountability Office, Subcommittee on Near Eastern and South To hold an oversight hearing to examine Government Printing Office, and the and Central Asian Affairs business practices of durable medical Congressional Budget Office. To hold hearings to examine the prospect equipment companies. SD–138 for Afghanistan’s 2014 elections. SD–342 Committee on Homeland Security and SD–419 Special Committee on Aging Governmental Affairs To hold hearings to examine the Medi- Permanent Subcommittee on Investiga- MAY 22 care prescription drug program, focus- tions Time to be announced ing on 10 years later. To hold hearings to examine offshore Committee on Homeland Security and SD–366 profit shifting and the United States 2:30 p.m. tax code, part 2. Governmental Affairs Business meeting to consider the nomi- Committee on the Budget SD–106 To hold hearings to examine supporting 10 a.m. nations of Brian C. Deese, of Massachu- setts, to be Deputy Director of the Of- broad-based economic growth and fis- Committee on Appropriations cal responsibility through tax reform. Subcommittee on State, Foreign Oper- fice of Management and Budget, and Michael Kenny O’Keefe, and Robert D. SD–608 ations, and Related Programs Committee on Commerce, Science, and To hold hearings to examine a review of Okun, both to be an Associate Judge of the Superior Court of the District of Transportation United States foreign assistance for To hold hearings to examine the nomina- children in adversity. Columbia. tion of Anthony Renard Foxx, of North SD–192 S–216 Carolina, to be Secretary of Transpor- Committee on Banking, Housing, and 10 a.m. tation. Urban Affairs Committee on Appropriations SR–253 To hold hearings to examine the Finan- Subcommittee on Department of Defense Committee on Environment and Public cial Stability Oversight Council annual To hold closed hearings to examine pro- Works report to Congress. posed budget estimates for fiscal year Subcommittee on Water and Wildlife SD–538 2014 for the Army. To hold hearings to examine nutrient Committee on Commerce, Science, and SD–192 trading water quality. Transportation Committee on Finance SD–406 Subcommittee on Consumer Protection, To hold hearings to examine S. 662, to re- Product Safety, and Insurance authorize trade facilitation and trade To hold hearings to examine S. 921, to enforcement functions and activities. MAY 23 amend chapter 301 of title 49, United SD–215 10 a.m. States Code, to prohibit the rental of Committee on Health, Education, Labor, Committee on Homeland Security and motor vehicles that contain a defect and Pensions Governmental Affairs related to motor vehicle safety. Business meeting to consider an original Subcommittee on the Efficiency and Effec- SR–253 bill entitled, ‘‘Pharmaceutical tiveness of Federal Programs and the Committee on Energy and Natural Re- Compounding Quality and Account- Federal Workforce sources ability Act’’, an original bill entitled, To hold hearings to examine improving To hold hearings to examine what the ‘‘Drug Supply Chain Security Act’’, the Federal health care in rural America, next applications are for natural gas nominations of Mark Gaston Pearce, of focusing on developing the workforce and how this new demand will be met, New York, Richard F. Griffin, Jr., of and building partnerships. focusing on domestic supply and nat- the District of Columbia, Sharon SD–342 ural gas exports. Block, of the District of Columbia, 11 a.m. SH–216 Harry I. Johnson III, of Virginia, and Committee on Commerce, Science, and Committee on Finance Philip Andrew Miscimarra, of Illinois, Transportation To hold hearings to examine a review of all to be a Member of the National To hold hearings to examine the nomina- criteria used by the IRS to identify 501 Labor Relations Board, and any pend- tion of Penny Pritzker, of Illinois, to (c)(4) applications for greater scrutiny. ing nominations. be Secretary of Commerce. SD–215 SD–430 SR–253

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HIGHLIGHTS Senate passed S. 601, Water Resources Development Act, as amended. Senate National MPS Awareness Day: Senate agreed to Chamber Action S. Res. 142, designating May 15, 2013, as ‘‘National Routine Proceedings, pages S3437–S3535 MPS Awareness Day’’. Page S3535 Measures Introduced: Twelve bills and one resolu- Measures Considered: tion were introduced, as follows: S. 955–966, and S. Farm Bill—Agreement: Senate began consider- Res. 142. Pages S3531–32 ation of the motion to proceed to consideration of S. Measures Passed: 954, to reauthorize agricultural programs through 2018. Pages S3519–25 Water Resources Development Act: By 83 yeas to A unanimous-consent agreement was reached pro- 14 nays (Vote No. 124), Senate passed S. 601, to viding that on Monday, May 20, 2013, at a time to provide for the conservation and development of be determined by the Majority Leader, after con- water and related resources, to authorize the Sec- sultation with the Republican Leader, Senate proceed retary of the Army to construct various projects for to consideration of the bill. Page S3523 improvements to rivers and harbors of the United States, after taking action on the following amend- Moniz Nomination—Agreement: A unanimous- consent agreement was reached providing that at ap- ments proposed thereto: Pages S3444–96 proximately 11 a.m., on Thursday, May 16, 2013, Adopted: Senate begin consideration of the nomination of Er- Boozman Amendment No. 822, to authorize the nest J. Moniz, of Massachusetts, to be Secretary of Secretary to participate in the America the Beautiful Energy, under the order of May 9, 2013. Page S3535 National Parks and Federal Recreational Lands Pass Nominations Confirmed: Senate confirmed the fol- program. Page S3445 By 60 yeas to 36 nays (Vote No. 123), Merkley/ lowing nominations: By 56 yeas to 41 nays (Vote No. EX. 125), Wil- Brown Amendment No. 866, to require the use of liam H. Orrick III, of the District of Columbia, to American iron, steel, and manufactured goods for in- be United States District Judge for the Northern novative financing pilot projects. Pages S3445–46 District of California. Pages S3508–19, S3535 Hoeven Modified Amendment No. 909, to restrict By 91 yeas to 7 nays (Vote No. EX. 126), charges for certain surplus water. Pages S3444, S3447 Marilyn B. Tavenner, of Virginia, to be Adminis- Rejected: trator of the Centers for Medicare and Medicaid By 43 yeas to 53 nays (Vote No. 121), Coburn Services. Pages S3508–19, S3535 Amendment No. 815, to stop Federal subsidies for Messages from the House: Page S3530 ongoing beach renourishment from being extended to 65 years. Pages S3444–45 Measures Referred: Page S3530 By 35 yeas to 61 nays (Vote No. 122), Coburn Measures Placed on the Calendar: Page S3530 Amendment No. 816, to remove restrictions on Executive Communications: Pages S3530–31 projects the Infrastructure Deauthorization Commis- Additional Cosponsors: Pages S3532–33 sion may consider. Pages S3444, S3445 Pursuant to the order of May 14, 2013, the mo- Statements on Introduced Bills/Resolutions: tion to invoke cloture on the bill was withdrawn. Pages S3533–34 Page S3447 Additional Statements: Pages S3529–30 Notices of Hearings/Meetings: Page S3534 D446

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Authorities for Committees to Meet: Page S3534 year 2014 for the National Institutes of Health, after Text of S. 601 as Previously Passed: receiving testimony from Francis S. Collins, Director, Pages S3454–96 Anthony S. Fauci, Director, National Institute of Al- lergy and Infectious Diseases, Gary H. Gibbons, Di- Record Votes: Six record votes were taken today. rector, National Heart, Lung, and Blood Institute, (Total—126) Pages S3444–45, S3445, S3446, S3454, S3519 Richard J. Hodes, Director, National Institute on Adjournment: Senate convened at 9:30 a.m. and Aging, Story C. Landis, Director, National Institute adjourned at 6:39 p.m., until 11 a.m. on Thursday, for Neurological Disorders and Stroke, and Harold May 16, 2013. (For Senate’s program, see the re- E. Varmus, Director, National Cancer Institute, all marks of the Acting Majority Leader in today’s of the National Institutes of Health, Department of Record on page S3535.) Health and Human Services. APPROPRIATIONS: DEPARTMENT OF Committee Meetings ENERGY (Committees not listed did not meet) Committee on Appropriations: Subcommittee on Energy and Water Development concluded a hearing to ex- APPROPRIATIONS: NATIONAL AND amine proposed budget estimates for fiscal year 2014 MILITARY INTELLIGENCE PROGRAMS for the Department of Energy, after receiving testi- Committee on Appropriations: Subcommittee on Depart- mony from Daniel B. Poneman, Acting Secretary of ment of Defense concluded a closed hearing to exam- Energy. ine proposed budget estimates for fiscal year 2014 PROTECTING TAXPAYERS AND THE for National and Military Intelligence programs, ECONOMY after receiving testimony from James R. Clapper, Jr., Director of National Intelligence, and Michael G. Committee on Banking, Housing, and Urban Affairs: Vickers, Undersecretary for Intelligence, both of the Subcommittee on National Security and Inter- Department of Defense. national Trade and Finance concluded a hearing to examine improving cross border resolution to better APPROPRIATIONS: DEPARTMENTS OF THE protect taxpayers and the economy, after receiving AIR FORCE AND ARMY testimony from James R. Wigand, Director, Office Committee on Appropriations: Subcommittee on Mili- of Complex Financial Institutions, Federal Deposit tary Construction and Veterans Affairs, and Related Insurance Corporation; Michael S. Gibson, Director, Agencies concluded a hearing to examine proposed Division of Banking Supervision and Regulation, budget estimates for fiscal year 2014 for the Depart- Board of Governors of the Federal Reserve System; ments of the Air Force and Army, after receiving and William C. Murden, Director, Office of Inter- testimony from Katherine G. Hammack, Assistant national Banking and Securities Markets, Depart- Secretary of the Army for Installations, Energy, and ment of the Treasury. Environment, Lieutenant General Michael Ferriter, Assistant Chief of Staff for Installation Management, ADVANCED VEHICLE TECHNOLOGY Brigadier General Walter E. Fountain, Acting Dep- Committee on Commerce, Science, and Transportation: uty Director of the Army National Guard, Addison Committee concluded a hearing to examine advanced D. Davis IV, Command Executive Officer, United vehicle technology and its implications, after receiv- States Army Reserve Command, Kathleen I. Fer- ing testimony from David L. Strickland, Adminis- guson, Acting Assistant Secretary of the Air Force trator, National Highway Traffic Safety Administra- for Installations, Environment and Logistics, Tim- tion, Department of Transportation; Mitch Bainwol, othy Bridges, Deputy Assistant Secretary of the Air Alliance of Automobile Manufacturers, Washington, Force for Installations, Major General Timothy D.C.; Peter F. Sweatman, University of Michigan Byers, The Civil Engineer, Major General Richard Transportation Research Institute, Ann Arbor; John Haddad, Deputy Chief, Air Force Reserve, and Brig- D. Lee, University of Wisconsin-Madison; and Jef- adier General James Witham, Deputy Director, Air frey J. Owens, Delphi Automotive, Troy, Michigan. National Guard, all of the Department of Defense. UNITED STATES POLICY TOWARD IRAN APPROPRIATIONS: NATIONAL INSTITUTES Committee on Foreign Relations: Committee concluded OF HEALTH a hearing to examine United States Policy toward Committee on Appropriations: Subcommittee on Depart- Iran, after receiving testimony from Wendy Sher- ments of Labor, Health and Human Services, and man, Under Secretary of State for Political Affairs; Education, and Related Agencies concluded a hear- and David S. Cohen, Under Secretary of the Treasury ing to examine proposed budget estimates for fiscal for Terrorism and Financial Intelligence.

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NOMINATION INDIAN AFFAIRS OVERSIGHT Committee on Homeland Security and Governmental Af- Committee on Indian Affairs: Committee concluded an fairs: Committee concluded a hearing to examine the oversight hearing to examine the views and priorities nominations of Robert D. Okun, and Michael Kenny of Interior Secretary Jewell with regard to matters of O’Keefe, both to be an Associate Judge of the Supe- Indian affairs, after receiving testimony from Sally rior Court of the District of Columbia, after the Jewell, Secretary, and Lawrence Roberts, Deputy As- nominees, who were both introduced by Representa- sistant Secretary for Indian Affairs, both of the De- tive Norton, testified and answered questions in partment of the Interior. their own behalf. h House of Representatives Amending a provision of the Securities Act of Chamber Action 1933 directing the Securities and Exchange Com- Public Bills and Resolutions Introduced: 28 pub- mission to add a particular class of securities to lic bills, H.R. 1981–2008; and 2 resolutions, H. those exempted under such Act to provide a dead- Res. 214, 217, were introduced. Pages H2653–54 line for such action: H.R. 701, amended, to amend Additional Cosponsors: Pages H2655–57 a provision of the Securities Act of 1933 directing the Securities and Exchange Commission to add a Reports Filed: Reports were filed today as follows: particular class of securities to those exempted under H.R. 701, to amend a provision of the Securities such Act to provide a deadline for such action, by Act of 1933 directing the Securities and Exchange a 2⁄3 yea-and-nay vote of 416 yeas to 6 nays, Roll Commission to add a particular class of securities to No. 148; Pages H2627–29, H2636 those exempted under such Act to provide a deadline for such action (H. Rept. 113–58); Homes for Heroes Act of 2013: H.R. 384, amend- H. Res. 215, providing for consideration of the ed, to establish the position of Special Assistant for bill (H.R. 45) to repeal the Patient Protection and Veterans Affairs in the Department of Housing and Urban Development, by a 2⁄3 yea-and-nay vote of Affordable Care Act and health care-related provi- 420 yeas to 3 nays, Roll No. 149; sions in the Health Care and Education Reconcili- ation Act of 2010 (H. Rept. 113–59); and Pages H2629–31, H2636–37 Agreed to amend the title so as to read: ‘‘To H. Res. 216, providing for consideration of the transfer the position of Special Assistant for Veterans bill (H.R. 1062) to improve the consideration by the Affairs in the Department of Housing and Urban Securities and Exchange Commission of the costs and Development to the Office of the Secretary, and for benefits of its regulations and orders (H. Rept. other purposes.’’. Page H2637 113–60). Page H2653 Hill Creek Cultural Preservation and Energy Speaker: Read a letter from the Speaker wherein he Development Act: H.R. 356, to clarify authority appointed Representative Brooks (AL) to act as granted under the Act entitled ‘‘An Act to define Speaker pro tempore for today. Page H2607 the exterior boundary of the Uintah and Ouray In- Recess: The House recessed at 10:50 a.m. and re- dian Reservation in the State of Utah, and for other convened at 12 noon. Page H2612 purposes’’; Pages H2631–32 Reception in the House Chamber of Former Amending the Energy Policy Act of 2005 to Members of Congress: Agreed by unanimous con- modify the Pilot Project offices of the Federal Per- sent that the proceedings had during the former mit Streamlining Pilot Project: H.R. 767, amend- Members program held earlier in the day be printed ed, to amend the Energy Policy Act of 2005 to in the Congressional Record and that all Members modify the Pilot Project offices of the Federal Permit and former Members who spoke during the pro- Streamlining Pilot Project, by a 2/3 yea-and-nay vote ceedings have the privilege of revising and extending of 415 yeas to 1 nay, Roll No. 147; and their remarks. Page H2612 Pages H2632–33, H2634 Suspensions: The House agreed to suspend the rules Amending Public Law 93–435 with respect to and pass the following measures: the Northern Mariana Islands, providing parity

VerDate Mar 15 2010 05:14 May 16, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D15MY3.REC D15MYPT1 tjames on DSK6SPTVN1PROD with DIGEST May 15, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D449 with Guam, the Virgin Islands, and American H.R. 1407, the ‘‘Animal Drug User Fee Amend- Samoa: H.R. 573, to amend Public Law 93–435 ments of 2013’’, as amended by the Subcommittee with respect to the Northern Mariana Islands, pro- on Health; and H.R. 1919, the ‘‘Safeguarding Amer- viding parity with Guam, the Virgin Islands, and ica’s Pharmaceuticals Act of 2013’’. The following American Samoa. Pages H2633–34 bills were ordered reported, as amended: H.R. 1919 Recess: The House recessed at 1:29 p.m. and recon- and H.R. 1407. The following bill was ordered re- vened at 5:04 p.m. Page H2634 ported, without amendment: H.R. 271. Oath of Office—First Congressional District of South Carolina: Representative-elect Mark Sanford TITLE II OF THE DODD-FRANK ACT presented himself in the well of the House and was Committee on Financial Services: Subcommittee on administered the Oath of Office by the Speaker. Ear- Oversight and Investigations held a hearing entitled lier, the Clerk of the House transmitted a copy of ‘‘Who Is Too Big to Fail: Does Title II of the Dodd- the Certificate of Election received from the Honor- Frank Act Enshrine Taxpayer-Funded Bailouts?’’. able Mark Hammond, Secretary of State of South Testimony was heard from public witnesses. Carolina, indicating that, according to the returns of the Special Election held May 7, 2013, the Honor- MURDER OF HUMAN RIGHTS ATTORNEY able Mark Sanford was elected Representative to PATRICK FINUCANE Congress for the First Congressional District, State of Committee on Foreign Affairs: Subcommittee on Africa, South Carolina. Page H2634–35 Global Health, Global Human Rights, and Inter- Whole Number of the House: The Speaker an- national Organizations held a hearing entitled ‘‘Re- nounced to the House that, in light of the adminis- cent Developments in the Investigation of the Mur- tration of the oath to the gentleman from South der of Human Rights Attorney Patrick Finucane’’. Carolina, Mr. Sanford, the whole number of the Testimony was heard from public witnesses. House is 434. Page H2635 Senate Message: Message received from the Senate MISCELLANEOUS MEASURES by the Clerk and subsequently presented to the Committee on Foreign Affairs: Subcommittee on Africa, House today appears on page H2634. Global Health, Global Human Rights, and Inter- Senate Referral: S. 601 was held at the desk. national Organizations held a markup on the fol- Quorum Calls—Votes: Three yea-and-nay votes de- lowing measures: H.R. 1897, the ‘‘Vietnam Human veloped during the proceedings of today and appear Rights Act of 2013’’; H.R. 1951, the ‘‘Sean and on pages H2634, H2636, and H2636–37. There David Goldman International Child Abduction Pre- were no quorum calls. vention and Return Act of 2013’’; and H. Res. 131, Adjournment: The House met at 10 a.m. and ad- concerning the ongoing conflict in the Democratic journed at 8:04 p.m. Republic of the Congo and the need for international efforts toward long-term peace, stability, and observ- ance of human rights. The following bill was for- Committee Meetings warded, as amended: H.R. 1951. The following bill MISCELLANEOUS MEASURE and resolution were forwarded, without amendment: Committee on Agriculture: Full Committee began a H.R. 1897 and H. Res. 131. markup on H.R. 1947, the ‘‘Federal Agriculture Re- form and Risk Management Act of 2013’’. PREVENTING A NUCLEAR IRAN MISCELLANEOUS MEASURE Committee on Foreign Affairs: Full Committee held a hearing entitled ‘‘Preventing a Nuclear Iran’’. Testi- Committee On Appropriations: Subcommittee on Mili- mony was heard from Wendy R. Sherman, Under tary Construction, Veterans Affairs, and Related Secretary for Political Affairs, Department of State; Agencies held a markup on FY 2014 Military Con- and David S. Cohen, Under Secretary for Terrorism struction, Veterans Affairs, and Related Agencies and Financial Intelligence, Department of Treasury. Appropriations Bill. The bill was forwarded, without amendment. MISCELLANEOUS MEASURE MISCELLANEOUS MEASURES Committee on Homeland Security: Full Committee held Committee on Energy and Commerce: Full Committee a markup on H.R. 1417, the ‘‘Border Security Re- held a markup on H.R. 271, ‘‘Resolving Environ- sults Act of 2013’’. The bill was ordered reported, mental and Grid Reliability Conflicts Act of 2013’’; as amended.

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ACT AND HEALTH CARE-RELATED PROVISIONS IN THE HEALTH CARE AND MISCELLANEOUS MEASURES EDUCATION RECONCILIATION ACT OF Committee on Natural Resources: Full Committee held 2010 a markup on the following measures: H.R. 687, the Committee on Rules: Full Committee held a hearing on ‘‘Southeast Arizona Land Exchange and Conservation H.R. 1062, the ‘‘SEC Regulatory Accountability Act of 2013’’; H.R. 761, the ‘‘National Strategic and Act’’; and H.R. 45, to repeal the Patient Protection Critical Minerals Production Act of 2013’’; H.R. and Affordable Care Act and health care-related pro- 819, ‘‘Preserving Access to Cape Hatteras National visions in the Health Care and Education Reconcili- Seashore Recreational Area Act’’; H.R. 910, the ation Act of 2010. The Committee granted, by ‘‘Sikes Act Reauthorization Act of 2013’’; H.R. 957, record vote of 8–2, a structured rule for H.R. 1062. the ‘‘American Soda Ash Competitiveness Act’’; The rule provides one hour of general debate equally H.R. 981, the ‘‘Resource Assessment of Rare Earths divided and controlled by the chair and ranking mi- Act of 2013’’; H.R. 1063, the ‘‘National Strategic nority member of the Committee on Financial Serv- and Critical Minerals Policy Act of 2013’’; H.R. ices. The rule waives all points of order against con- 1080, to amend the Sikes Act to promote the use sideration of the bill. The rule makes in order as of cooperative agreements under such Act for land original text for purpose of amendment an amend- management related to Department of Defense readi- ment in the nature of a substitute consisting of the ness activities and to amend title 10, United States text of Rules Committee Print 113–10 and provides Code, to facilitate interagency cooperation in con- that it shall be considered as read. The rule waives servation programs to avoid or reduce adverse im- all points of order against the amendment in the na- pacts on military readiness activities; H.R. 1169, the ture of a substitute. The rule makes in order only ‘‘Naval Air Station Fallon Housing and Safety Devel- those further amendments printed in the Rules opment Act’’; H.R. 1299, the ‘‘White Sands Missile Committee report. Each such amendment may be of- Range Security Enhancement Act’’; H.R. 1300 to fered only in the order printed in the report, may amend the Fish and Wildlife Act of 1956 to reau- be offered only by a Member designated in the re- thorize the volunteer programs and community part- port, shall be considered as read, shall be debatable nerships for the benefit of national wildlife refuges; for the time specified in the report equally divided H.R. 1384, the ‘‘Wildlife Refuge System Conserva- and controlled by the proponent and an opponent, tion Semipostal Stamp Act of 2013’’; H.R. 1574, to shall not be subject to amendment, and shall not be amend the Dayton Aviation Heritage Preservation subject to a demand for division of the question. The Act of 1992 to rename a site of the park; H.R. rule waives all points of order against the amend- 1613, the ‘‘Outer Continental Shelf Transboundary ments printed in the report. The rule provides one Hydrocarbon Agreements Authorization Act’’; H.R. motion to recommit with or without instructions. 1672, ‘‘Limestone Hills Training Area Withdrawal Testimony was heard from Representatives Hen- Act’’; H.R. 1673, to provide for the transfer of cer- sarling and Waters. tain public land currently administered by the Bu- The Committee granted, by record vote, of 8–2, reau of Land Management to the administrative ju- a closed rule for H.R. 45. The rule provides two risdiction of the Secretary of the Navy for inclusion hours of debate equally divided among and con- in Naval Air Weapons Station China Lake, Cali- trolled by the respective chairs and ranking minority fornia; H.R. 1676, the ‘‘Johnson Valley National members of the Committees on Education and the Off-Highway Vehicle Recreation Area Establishment Workforce, Energy and Commerce, and Ways and Act’’; and H.R. 1691, the ‘‘Chocolate Mountain Aer- Means. The rule waives all points of order against ial Gunnery Range Transfer Act of 2013’’. The fol- consideration of the bill. The rule provides that the lowing bills were ordered reported, as amended: amendment printed in the Rules Committee report H.R. 687; H.R. 761; H.R. 1080; H.R. 1169; H.R. shall be considered as adopted. The rule provides 1299; H.R. 1300; H.R. 1613; H.R. 1672; H.R. that the bill, as amended, shall be considered as 1673; H.R. 1676; and H.R. 1691. The following read. The rule waives all points of order against pro- bills were ordered reported, without amendment: visions in the bill, as amended. The rule provides

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Testimony designate a mountain in the State of Alaska as Denali, S. was heard from public witnesses. 156, to allow for the harvest of gull eggs by the Huna Tlingit people within Glacier Bay National Park in the SMALL BUSINESS AND PASS-THROUGH State of Alaska, S. 211, to amend certain definitions con- ENTITY TAX REFORM tained in the Provo River Project Transfer Act for pur- Committee on Ways and Means: Subcommittee on Se- poses of clarifying certain property descriptions, S. 225, to authorize the Secretary of the Interior to conduct a lect Revenue Measures held a hearing entitled study of alternatives for commemorating and interpreting ‘‘Small Business and Pass-Through Entity Tax Re- the role of the Buffalo Soldiers in the early years of the form’’. Testimony was heard from public witnesses. National Parks, S. 241, to establish the Rio Grande del Norte National Conservation Area in the State of New Joint Meetings Mexico, S. 256, to amend Public Law 93–435 with respect to the Northern Mariana Islands, providing parity WOMEN IN MANUFACTURING with Guam, the Virgin Islands, and American Samoa, S. Joint Economic Committee: Committee concluded a 284, to transfer certain facilities, easements, and rights- hearing to examine women in manufacturing, after of-way to Fort Sumner Irrigation District, New Mexico, receiving testimony from Jennifer McNelly, The S. 305, to authorize the acquisition of core battlefield Manufacturing Institute, Washington, D.C.; Darlene land at Champion Hill, Port Gibson, and Raymond for Miller, Permac Industries, Burnsville, Minnesota; addition to Vicksburg National Military Park, S. 312, to and Amy Jolley, Noble Energy, Inc., Houston, adjust the boundary of the Carson National Forest, New Mexico, S. 342, to designate the Pine Forest Range Wil- Texas. derness area in Humboldt County, Nevada, S. 349, to f amend the Wild and Scenic Rivers Act to designate a segment of the Beaver, Chipuxet, Queen, Wood, and COMMITTEE MEETINGS FOR THURSDAY, Pawcatuck Rivers in the States of Connecticut and Rhode MAY 16, 2013 Island for study for potential addition to the National (Committee meetings are open unless otherwise indicated) Wild and Scenic Rivers System, S. 363, to expand geothermal production, S. 368, to reauthorize the Federal Senate Land Transaction Facilitation Act, S. 371, to establish the Committee on Appropriations: Subcommittee on Agri- Blackstone River Valley National Historical Park, to culture, Rural Development, Food and Drug Administra- dedicate the Park to John H. Chafee, S. 447, to provide tion, and Related Agencies, to hold hearings to examine for the conveyance of certain cemeteries that are located proposed budget estimates for fiscal year 2014 for various on National Forest System land in Black Hills National agencies within the Department of Agriculture, 10 a.m., Forest, South Dakota, S. 476, to amend the Chesapeake SD–124. and Ohio Canal Development Act to extend to the Chesa- Subcommittee on Commerce, Justice, Science, and Re- peake and Ohio Canal National Historical Park Commis- lated Agencies, to hold hearings to examine proposed sion, S. 486, to authorize pedestrian and motorized vehic- budget estimates for fiscal year 2014 for the Federal Bu- ular access in Cape Hatteras National Seashore Rec- reau of Investigation; to be immediately followed by a reational Area, S. 507, to establish the Manhattan Project closed session in SVC–217, 10 a.m., SD–192. National Historical Park in Oak Ridge, Tennessee, Los Committee on Armed Services: to hold hearings to examine Alamos, New Mexico, and Hanford, Washington, S. 609, the law of armed conflict, the use of military force, and to authorize the Secretary of the Interior to convey certain the 2001 Authorization for Use of Military Force, 9:30 Federal land in San Juan County, New Mexico, S. 659, a.m., SD–106. to reauthorize the Reclamation States Emergency Drought Committee on the Budget: to hold hearings to examine ef- Relief Act of 1991, S. 684, to amend the Mni Wiconi fective strategies for government reorganization, focusing Project Act of 1988 to facilitate completion of the Mni on silo busting, 10 a.m., SD–608. Wiconi Rural Water Supply System, S. 693, to amend Committee on Commerce, Science, and Transportation: Sub- the Reclamation Wastewater and Groundwater Study and committee on Science and Space, to hold hearings to ex- Facilities Act to authorize the Secretary of the Interior to amine partnerships to advance the business of space, 10 participate in the City of Hermiston, Oregon, water recy- a.m., SR–253. cling and reuse project, S. 736, to establish a maximum Committee on Energy and Natural Resources: business amount for special use permit fees applicable to certain meeting to consider S. 27, to clarify authority granted cabins on National Forest System land in the State of

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Alaska, S. 757, to provide for the implementation of the Committee on Financial Services, Full Committee, hearing multispecies habitat conservation plan for the Virgin entitled ‘‘Oversight of the SEC’s Agenda, Operations, and River, Nevada, and Lincoln County, Nevada, to extend FY 2014 Budget Request’’, 10 a.m., 2128 Rayburn. the authority to purchase certain parcels of public land, Subcommittee on Housing and Insurance, hearing enti- S. 783, to amend the Helium Act to improve helium tled ‘‘Sustainable Housing Finance: The Government’s stewardship, S.J. Res. 12, to consent to certain amend- Role in Multifamily and Health Care Facilities Mortgage ments enacted by the legislature of the State of Hawaii Insurance and Reverse Mortgages’’; 2 p.m., 2128 Ray- to the Hawaiian Homes Commission, Act, 1920, and burn. H.R. 316, to reinstate and transfer certain hydroelectric Committee on Foreign Affairs, Subcommittee on Asia and licenses and extend the deadline for commencement of the Pacific, hearing entitled ‘‘Assessing U.S. Foreign As- construction of certain hydroelectric projects, 10 a.m., sistance Priorities in East Asia and the Pacific’’, 2 p.m., SD–366. 2172 Rayburn. Committee on Environment and Public Works: business Committee on Homeland Security, Subcommittee on Cy- meeting to consider the nomination of Regina McCarthy, bersecurity, Infrastructure Protection, and Security Tech- of Massachusetts, to be Administrator of the Environ- nologies, hearing entitled ‘‘Facilitating Cyber Threat In- mental Protection Agency, 12 noon, SD–406. formation Sharing and Partnering with the Private Sector Committee on Health, Education, Labor, and Pensions: busi- to Protect Critical Infrastructure: An Assessment of DHS Capabilities’’, 9 a.m., 311 Cannon. ness meeting to consider the nomination of Thomas Ed- Committee on the Judiciary, Subcommittee on Immigra- ward Perez, of Maryland, to be Secretary of Labor, and tion and Border Security, markup on H.R. 306, for the any pending nominations, 9:15 a.m., SD–430. relief of Corina de Chalup Turcinovic; H.R. 977, for the Full Committee, to hold hearings to examine the relief of Esther Njeri Karinge; H.R. 1023, for the relief nominations of Mark Gaston Pearce, of New York, to be of Maria Carmen Castro Ramirez and J. Refugio Carreno Chairman, and Richard F. Griffin, Jr., of the District of Rojas; H.R. 1207, for the relief of Allan Bolor Kelley; Columbia, Sharon Block, of the District of Columbia, and hearing on H.R. 1772, the ‘‘Legal Workforce Act’’; Harry I. Johnson III, of Virginia, and Philip Andrew and H.R. 1773, the ‘‘Agricultural Guestworker Act’’, 10 Miscimarra, of Illinois, all to be a Member, all of the Na- a.m., 2141 Rayburn. tional Labor Relations Board, 10 a.m., SD–430. Subcommittee on Courts, Intellectual Property and the Committee on the Judiciary: business meeting to resume Internet, hearing entitled ‘‘Case Study for Consensus consideration of S. 744, to provide for comprehensive im- Building: The Copyright Principles Project’’, 2 p.m., migration reform, and the nominations of Srikanth 2141 Rayburn. Srinivasan, of Virginia, to be United States Circuit Judge Committee on Natural Resources, Subcommittee on Public for the District of Columbia Circuit, Raymond T. Chen, Lands and Environmental Regulation, hearing entitled of Maryland, to be United States Circuit Judge for the ‘‘Invasive Species Management on Federal Lands’’, 10 Federal Circuit, and Jennifer A. Dorsey, to be United a.m., 1334 Longworth. States District Judge for the District of Nevada, 9:30 Subcommittee on Indian and Alaska Native Affairs, a.m., SDG–50. hearing on H.R. 623, the ‘‘Alaska Native Tribal Health Committee on Small Business and Entrepreneurship: to hold Consortium Land Transfer Act’’; H.R. 740, the ‘‘South- hearings to examine the effects of mandatory e-verify on east Alaska Native Land Entitlement Finalization and American’s small businesses, 10:30 a.m., SR–428A. Jobs Protection Act’’; H.R. 841, to amend the Grand Select Committee on Intelligence: to hold closed hearings to Ronde Reservation Act to make technical corrections, and examine certain intelligence matters, 2:30 p.m., SH–219. for other purposes; H.R. 931, to provide for the addition of certain real property to the reservation of the Siletz House Tribe in the State of Oregon; H.R. 1306, the ‘‘Southeast Alaska Native Land Conveyance Act’’; and H.R. 1410, Committee on Appropriations, Subcommittee on Home- the ‘‘Keep the Promise Act of 2013’’; 2 p.m., 1324 Long- land Security, markup on FY 2014 Homeland Security worth. Appropriations Bill, 10:30 a.m., B–308 Rayburn. Subcommittee on Fisheries, Wildlife, Oceans and Insu- Committee on Education and the Workforce, Full Com- lar Affairs, hearing entitled ‘‘The 2008 Lacey Act mittee, markup on H.R. 1911, the ‘‘Smarter Solutions for Amendments’’, 10 a.m., 1324 Longworth. Students Act’’; and H.R. 1949, the ‘‘Improving Postsec- Committee on Oversight and Government Reform, Sub- ondary Education Data for Students Act’’, 10 a.m., 2175 committee on Energy Policy, Health Care and Entitle- Rayburn. ments, hearing entitled ‘‘Opportunities Lost: Constraints Committee on Energy and Commerce, Subcommittee on on Oil and Gas Production on Federal Lands and Commerce, Manufacturing, and Trade, hearing entitled Waters’’, 10:30 a.m., 2154 Rayburn. ‘‘Fraud on the Elderly: A Growing Concern for a Grow- Committee on Science, Space, and Technology, Subcommittee ing Population’’, 9:45 a.m., 2322 Rayburn. on Oversight, hearing entitled ‘‘Espionage Threats at Fed- Subcommittee on Energy and Power and Sub- eral Laboratories: Balancing Scientific Cooperation while committee on Environment and the Economy, hearing Protecting Critical Information’’, 2 p.m., 2318 Rayburn. entitled ‘‘The Fiscal Year 2014 Environmental Protection Committee on Small Business, Subcommittee on Agri- Agency Budget’’, 10 a.m., 2123 Rayburn. culture, Energy and Trade, hearing entitled ‘‘If You Build

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It: The Keystone XL Pipeline and Small Business Job Subcommittee on Aviation, hearing entitled ‘‘Review Growth’’, 10 a.m., 2360 Rayburn. of the FAA’s Progress in Implementing the FAA Mod- Committee on Transportation and Infrastructure, Full Com- ernization and Reform Act’’, 2 p.m., 2167 Rayburn. mittee, markup on H.R. 3, the ‘‘Northern Route Ap- Committee on Ways and Means, Subcommittee on Trade, proval Act’’; H.R. 1092, to designate the air route traffic hearing entitled ‘‘U.S.–EU Trade and Investment Partner- control center located in Nashua, New Hampshire, as the ship Negotiations’’, 2 p.m., 1100 Longworth. ‘‘Patricia Clark Boston Air Route Traffic Control Center’’; House Permanent Select Committee on Intelligence, Full and General Services Administration Capital Investment Committee, hearing entitled ‘‘Ongoing Intelligence Ac- and Leasing Program Resolutions, 9:30 a.m., 2167 Ray- tivities’’, 10 a.m., HVC–304. This is a closed hearing. burn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Thursday, May 16 10 a.m., Thursday, May 16

Senate Chamber House Chamber Program for Thursday: Senate will begin consideration Program for Thursday: Consideration of H.R. 45—To of the nomination of Ernest J. Moniz, of Massachusetts, repeal the Patient Protection and Affordable Care Act and to be Secretary of Energy, with a vote on confirmation health care-related provisions in the Health Care and of the nomination at approximately 2 p.m. Education Reconciliation Act of 2010 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E661, E662, E664, Rogers, Mike, Ala., E669 E665, E665, E666, E667, E668, E668, E669 Sa´ nchez, Linda T., Calif., E662 Barletta, Lou, Pa., E663 King, Peter T., N.Y., E669 Schock, Aaron, Ill., E670 Barr, Andy, Ky., E670 Lynch, Stephen F., Mass., E665 Swalwell, Eric, Calif., E670 Coffman, Mike, Colo., E666 Murphy, Patrick, Fla., E662 Vela´ zquez, Nydia M., N.Y., E670 Costa, Jim, Calif., E663 Perlmutter, Ed, Colo., E661, E664, E665, E665, E666, Farr, Sam, Calif., E669 E667, E667, E668, E668, E669 Visclosky, Peter J., Ind., E663 Frelinghuysen, Rodney P., N.J., E666, E667 Poe, Ted, Tex., E666 Walden, Greg, Ore., E662, E668 Hensarling, Jeb, Tex., E661, E661, E662 Rangel, Charles B., N.Y., E661, E664, E667

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