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

Vol. 159 WASHINGTON, TUESDAY, FEBRUARY 12, 2013 No. 22 House of Representatives The House met at noon and was tion, and that is the $28 million a day Mr. BLUMENAUER. Mr. Speaker, called to order by the Speaker. we are spending to rebuild Afghani- one of the few areas where Washington f stan. We could use that $28 million a agrees with the general public is that day to fix our own roads and our own our current path is not sustainable. It MORNING-HOUR DEBATE schools right here in America. is not merely a case of spending too The SPEAKER. Pursuant to the Yesterday on C–SPAN, I heard the much or taxing too little, although we order of the House of January 3, 2013, Special Inspector General for Afghan need to control spending and we must the Chair will now recognize Members Reconstruction, John Sopko, speak and will be raising revenue to meet the from lists submitted by the majority about how much money we are spend- needs of an aging and growing popu- and minority leaders for morning-hour ing in Afghanistan and the fact that it lation. debate. is impossible to give the American tax- The key is to do business differently, The Chair will alternate recognition payers an account of where the money to extract more value out of our pro- between the parties, with each party is going. I think Mr. Sopko and his grams. We need to have the courage to limited to 1 hour and each Member team are doing the best they can; but pivot, to do things better, to not follow other than the majority and minority taxpayers are still being shortchanged, the reflex of the usual economic and leaders and the minority whip limited especially with the looming issue of se- political groups fighting to continue to to 5 minutes each, but in no event shall questration and a pending continuing protect the status quo and the con- debate continue beyond 1:50 p.m. resolution. tinuing trend lines. In a world already impacted by cli- f I hope that my colleagues in the House can join in the effort to bring mate change and global weather insta- AFGHANISTAN our troops home by the end of 2013 and bility, these forces are going to inten- The SPEAKER. The Chair recognizes to put an end to the wasteful spending sify. One of the best examples of why the gentleman from North Carolina in Afghanistan. Most importantly, we must change is how we deal with re- (Mr. JONES) for 5 minutes. above all else, put an end to the loss of engineering nature as a response to Mr. JONES. Mr. Speaker, this past American lives. I will quote from my natural disasters. Sunday when I turned 70 years of age, friend, former commandant of the I salute Governor Cuomo for the use I read in the North Carolina paper, United States Marine Corps: of some of the Hurricane Sandy money known as the News and Observer, the What do you say to the mother, father, from the Federal Government to move article that I would like to quote: wife of the last soldier or marine killed in people out of harm’s way, not just Afghanistan? More than 100 family members, friends and throw good money after bad by relo- uniformed servicemembers marched slowly My question is, Was it worth it? My cating and rebuilding in exactly the and quietly Friday down a hill at Arlington answer is, No, not one life is worth it same way, in exactly the same place, National Cemetery following Army Sergeant to be lost in Afghanistan. It is time to where nature repeatedly shows that Aaron X. Wittman’s coffin, draped with an bring our troops home. people are not wanted. American flag and carried on a horse-drawn Mr. Speaker, this poster beside me I was before the Rules Committee ar- caisson. shows a casket on top of a caisson get- guing for greater reform in the Federal Mr. Speaker, there are probably not ting ready to walk to the grave at Ar- spending, but the Governor is pointing many Members of Congress or Ameri- lington National Cemetery. in the right direction. cans who know that Sergeant Wittman May God continue to bless our This week we are watching another became the first American to lose his troops, our men and women in uniform. chapter in the same drama play out in life in Afghanistan in 2013. May God continue to bless America. the lower Mississippi, where there is an I do not know how many more Amer- And please, God, touch the hearts of argument to continue the self-defeat- icans will have to die between now and those in the House and let’s bring our ing effort to fortify the Mississippi the end of 2014. One American life is al- troops home in 2013. River, closing a gap in the levee, spend- ready one too many. We have done f ing hundreds of millions of dollars to enough in Afghanistan. It will never prevent an area in the flood plain from change, as history has proven time and MISSISSIPPI RIVER LEVEE flooding every now and then. time again. The SPEAKER pro tempore (Mr. The Federal Government has already Obviously, there is nothing more im- HULTGREN). The Chair recognizes the made periodic flooding in that area as portant than an American life. But gentleman from Oregon (Mr. BLU- part of its relief valve, to take the ex- there is a second part of this sad situa- MENAUER) for 5 minutes. cess water and avoid more flooding

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 23:30 Feb 12, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.000 H12FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H434 CONGRESSIONAL RECORD — HOUSE February 12, 2013 elsewhere. Failing to allow nature to Union address to a joint session of Con- economic growth in countries like take its course invites a bigger disaster gress. Greece and Spain and other parts of as more and more water is forced into Article ll, Section 3 of the Constitu- the European Union. the narrow fortified walls of the Mis- tion requires that the President, who- President Obama took office on Jan- sissippi. ever it may be, shall, from time to uary 20, 2009, and the Nation’s total Think about how we have shortened time, give to Congress information on debt on that day was $10.6 trillion. and narrowed that river. We haven’t re- the State of the Union. George Wash- Today, it is over $16.5 trillion. The duced the amount of water; we’ve just ington, the first President, addressed President has drastically increased this reduced the areas where it can go. It the joint session of Congress, but country’s debt in a mere 4-year span; in makes the inevitable flooding worse. Thomas Jefferson and each succeeding fact, it has increased by over 45 per- Building a levee is simply going to President up until 1913 presented a cent. However, it should be pointed out move it a little further downstream. written statement of the State of the that he and he alone is not responsible The solution is to allow the river to Union to the House and Senate. So for all this dramatic increase in debt. go where nature wants it, not encour- from 1801 until 1913, Presidents sub- Every person that has served in the age farmers to cultivate even more mitted a written State of the Union, U.S. Congress in the recent past or land that will be vulnerable to crop and on April 8, 1913, Woodrow Wilson, today, House Members and Senate loss, more disaster relief, more crop in- like George Washington, addressed a Members, are also responsible for the surance loss, and to take away increas- joint session of Congress, and that has spending that we have approved. Also, ingly scarce wildlife habitat for the been the manner of our State of the those people who serve in the executive millions of Americans who would like Union by every President since, with branch of government are also respon- to hunt and fish. Done right, this can the exception of Herbert Hoover. sible. be a virtuous cycle. It saves tax dol- Today, I am asking for another little Just to give you a few examples, 9 or lars, improves the environment, re- change in the State of the Union. I 10 months ago, the Department of En- duces the damage from flooding and all think that we should consider a re- ergy built about 12 new buildings over the attendant costs. quirement that the President, on a day here on The Mall, across from the Jef- It is a classic example of where the that coincides with the State of the ferson Memorial, for a solar exhibit. It Federal Government should learn from Union, also have the Federal Govern- stayed there for about 10 months, and 200 years’ experience of trying to engi- ment make a formal declaration of na- then it was torn down. No one really neer the Mississippi River and instead tional debt. knows how much the debt cost. allow, in some cases, nature to take its My purpose in calling for the declara- EPA, each year, gives grants to other course and avoid more expensive and tion is twofold: First, while informa- countries, including China, to help worse damage. tion about the debt can be found, it is them with their environmental prob- This is what we need to do across the spread throughout a vast array of lems at a time when we have to borrow Federal Government. We don’t have to budget submissions, trustee reports, money from China to meet our obliga- spend twice as much money on health and other documents that are nearly tions. And then, as Mr. JONES men- care as most of the developed countries impossible to navigate or to under- tioned earlier, in Afghanistan, we’re for outcomes that are mediocre at best. stand when trying to determine the spending $28 million a day. We don’t have to spend more money on total national debt and unfunded liabil- So I think it would be beneficial to defense than 12 or 13 of the remaining ities our Nation must pay now and in the American people to prepare an an- largest defense budgets and on weapons the future. And then the second reason, nual declaration of the national debt to that in many cases, like our nuclear of course, is to elevate the issue to re- be made available to the Congress and arsenal where we have far more than mind the American public the signifi- the public. This would show the Amer- we need and can ever use and can af- cant dangers of large government debt. ican people how much we owed last ford, we can pare down, save tens of As of today, our Nation’s Federal year, how much we owe this year, and billions of dollars and still be the most debt exceeds our Nation’s gross domes- what the projected debt is for the fu- powerful Nation in the world; or the tic product. What does that mean? ture. outrageous crop insurance that encour- Gross domestic product is used to de- f termine the monetary value of all the ages reckless and expensive behavior THE BLAME GAME by paying farmers to plant crops on finished goods and services produced in land that never should have been cul- America annually, and it includes all The SPEAKER pro tempore. The tivated in the first place. of the private and public consumption, Chair recognizes the gentleman from all of the government outlays, all the Maryland (Mr. HOYER) for 5 minutes. b 1210 investments and all the exports, less Mr. HOYER. Mr. Speaker, tonight, While we will control spending and the imports. the President will once again walk into increase revenues, the most important Our debt is increasing so quickly this Chamber and lay out a vision for thing we can do is to change the way that it really is difficult to give an how to strengthen America in the we do business, using common sense, exact figure of our national debt. Suf- years ahead. Properly, part of that vi- proven technology, stretching our tax fice it to say that it will, in the very sion will include the need to solve our dollars, and making our communities near future, exceed $17 trillion. When I deficit challenge and address the loom- more livable. We can start by not pres- looked at the so-called ‘‘clock’’ on my ing sequester. That dangerous set of suring the Corps of Engineers to com- way over here, it was approaching $16.6 automatic and indiscriminate spending plete the levees, spending millions of trillion. Now, if you stacked $16 trillion cuts is due to take effect in just under dollars we don’t have on a solution one-dollar bills one on top of the other, 3 weeks. But instead of working with that will make the problem worse. it would extend more than 1 million Democrats to avert the sequester Let’s work, instead, to understand the miles, which would reach to the Moon through a big and balanced solution— impacts of global warming and extreme and back twice. or, frankly, even a short-term balanced weather and then do something about Now, former Speaker PELOSI said a proposal—a growing number of House it. few days ago that we do not have a Republicans are, instead, engaged in a f spending problem. Now, I do not be- dangerous blame game. lieve that most Americans would agree Majority Leader CANTOR joined in FEDERAL DEBT with that statement. Families that this weekend, claiming that the The SPEAKER pro tempore. The throughout America must live within President is the one who proposed the Chair recognizes the gentleman from their means or suffer the consequences, sequester in the first place. What he Kentucky (Mr. WHITFIELD) for 5 min- and our government must live within didn’t say was, of course, the Repub- utes. its means or suffer the consequences. licans offered a piece of legislation Mr. WHITFIELD. Mr. Speaker, to- Many people say there are no real con- called. The sequester was an integral night, in this House Chamber, Presi- sequences, but all of us have seen the part of their policy proposal. In fact, dent Obama will give his State of the loss of jobs, the violence, the lack of the sequester was part of a bipartisan

VerDate Mar 15 2010 23:30 Feb 12, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.007 H12FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 12, 2013 CONGRESSIONAL RECORD — HOUSE H435 agreement instigated by Republicans, fault. As the previous speaker indi- across the U.S. economy and ask, which we supported. Let us not forget, cated, we’re all at fault; we’re all re- ‘‘What do you think a President would Mr. Speaker, that it was Republican sponsible; we all serve in this House. do if they knew about an industry like hostage taking of the debt limit in 2011 Many of us voted for policies that that?’’ they’d all say the same thing that brought about the Budget Control spend money. Some of us voted for folks all across the country would say. Act, which created the sequester. policies to pay for what we bought. They’d say that the President ought to Speaker BOEHNER himself, after the Others voted against policies for pay- encourage that, ought to thank the deal creating the sequester was struck, ing for what we bought. Here we are, people that work in that industry, and said about the Budget Control Act, once again, on the brink of a fiscal ought to promote that industry all which included the sequester which meltdown. across the world, a great American- faces us at the end of this month: It’s a game that has no winners, only manufactured product doing great When you look at this final agreement losers, like the 14,000 teachers, teacher things in America. that we came to with the White House, I got assistants, and other education staff Yet, that industry, the general avia- 98 percent of what I wanted. who would lose their jobs; or the 125,000 tion industry, is used by our President Now, let me again stress that many families who would be at risk of losing as a rhetorical punching bag. Every- of us voted for this. For the past 2 their homes when our rental assistance where he goes, he talks about cor- years, however, the Republican major- program is cut; or the thousands of ci- porate fat-cat jet owners and those ity in this House has had our country vilian defense personnel, in my district rich, wealthy people flying around in lurching from one fiscal crisis to an- alone, and throughout this country corporate airplanes. other. Repeatedly, they have threat- who would be furloughed for up to 22 Well, I know what this industry does. ened to default on our obligations, shut days during the year; and the hundreds I came from this industry. I know pre- down government operations, and to of thousands around the country across cisely who these people are. When you slash spending in an irrational, meat- every service branch, not to mention use language like that and you talk ax way. the tens of thousands of defense con- about an American manufacturing in- They have shaken the confidence of tractors critical to our national secu- dustry in that way, you’re talking our people and of all those throughout rity, who would be at risk of losing about welders, you’re talking about the world who look to America for se- their jobs. union mechanics, and you’re talking curity and stability. They have under- Instead, Mr. Speaker, we need to get about all the support people that work mined, in my view, the growth of econ- serious and work together to avert a at fixed-base operations all across the omy and jobs—and that’s the view of sequester that could stop our recovery country. You’re talking about good, CBO as well—and have put in question in its tracks and defeat our common hardworking Americans, not corporate our commitment to investing in our goal of helping America’s economy fat-cat jet owners. defense and in job creation. grow and its businesses create jobs. Yet this President continues in the In short, the Republican majority, Reducing spending in a rational way same way that he has. I had hoped that Mr. Speaker, in my opinion, in this is important for us to do, let there be I wouldn’t have to come back and talk House has given us the most chaotic no mistake. Considering additional about it again, but I anticipate that to- and confidence-destroying leadership I revenues will be essential—every bipar- night, from this very Chamber, we’ll have seen in my 32 years of service in tisan group has said that—if we are to hear about those same corporate fat- this House. And now, many of them get on a sustainable financial footing. cat jet owners yet again. suggest the sequester that is scheduled The sequester, however, Mr. Speaker, The general aviation industry doesn’t to occur on March 1 is an acceptable is dangerous and unacceptable. We ask for a handout, and it doesn’t need way forward. Mr. Speaker, I will not must stop simply fiddling while the se- what Detroit received. It only asks take the time to quote the number of quester’s flames threaten to burn our that a President acknowledge and rec- Republicans who have said that, but I economy, our national security, and ognize the importance of this industry. believe all of them are profoundly our people. It creates aircraft that are used by Mr. Speaker, we have no time to wrong. small businessowners all across the Na- Sequestration will have a dev- waste. I would urge the majority leader tion to get to places they need to be. astating impact on both domestic pro- to bring a bill to the floor today that Every week, I fly on commercial air- grams and on our national security. If would comply with what Mr. craft from here back to Wichita, Kan- the sequestration were to take effect, LANKFORD, who chairs the Republican sas. It’s no easy task. If you want to it would mean 70,000 children dropped Study Committee, said that we ought get to two or three of your suppliers or from the Head Start program; loan to pass things that we think the Senate four or five of your customers in a day guarantees to small businesses would can pass, not just messages, not just located all throughout the heartland, be cut by as much as $540 million; and political spin, but we ought to pass the most efficient tool to use to do just as we are engaged in a national things that can actually be passed that is a general aviation airplane. discussion about how to address mental through the United States Senate and health, up to 373,000 people suffering signed by the President. And, of course, we know the Presi- dent understands that, Mr. Speaker. He from mental illness could go untreated. Senator LINDSEY GRAHAM has said: flies around in the nicest personal air- b 1220 We have our fingerprints as Republicans on this proposal, on this sequestration idea. It craft in the history of the world, actu- That is not the President’s vision for was the President’s idea, according to Bob ally built in Wichita, Kansas. And gov- America, nor is it the vision of Demo- Woodward’s book. But we as the Republican ernment employees use general avia- crats in this House. Now, here we are Party agreed to it. tion aircraft to travel all around the at the 11th hour once again. Let’s make law and make policy so country. They do so because it is an ef- First, House Republicans walked way that America has the confidence that ficient means of conducting their busi- from the Simpson-Bowles recommenda- its Congress can work. It must work. ness. tion to adopt a balanced way forward; America needs it to work. Now, when the President talks about then they refused to compromise on a f these corporate fat-cat jet owners, he’s balanced alternative to the sequester, doing so because he says he wants to starting the clock of sequestration. AVIATION close a loophole, he wants to generate Then we came down to the wire on the The SPEAKER pro tempore. The more money coming to Washington, fiscal cliff and delayed sequestration Chair recognizes the gentleman from D.C., and he talks about this subsidy. for 2 months, and here we are, once Kansas (Mr. POMPEO) for 5 minutes. We looked long and hard to find out again, with Republicans continuing to Mr. POMPEO. Mr. Speaker, when I go what subsidy it was he was referring cast blame on others. around in Kansas and talk to folks and to. Frankly, we think it is a deprecia- Mr. Speaker, the blame game must talk to them about a business that sup- tion schedule—a depreciation sched- end by us and by our Republican col- ports 1.2 million American jobs and ule—something that every asset in leagues. The issue is not who is at over $150 billion of wealth creation America is subject to. Yet, somehow,

VerDate Mar 15 2010 23:30 Feb 12, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.003 H12FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H436 CONGRESSIONAL RECORD — HOUSE February 12, 2013 he has picked on this particular depre- Well, they’re hemorrhaging money, sionary leadership over there. They ciation schedule as offensive and anti- hemorrhaging money. Oh, my God, we need new leadership. They need to be thetical to the American way of life. must do away with them. That’s basi- unshackled by Congress. They need to Mr. President, the revenue that is cally the Republican line here. They, have unfair burdens lifted. But they generated in 1 year if we eliminated so far, have done nothing to either don’t need to be destroyed. That’s the provision about which we think unshackle the post office so it can deal where we’re headed, towards the de- you’re speaking, Mr. Speaker, would with some of these problems, and, in struction of the Postal Service at this generate enough revenue to run the fact, have encouraged the most de- point in time. Some say young people government for a single day—1 day. structive instincts of the idiot who is don’t use it, no one needs it, who needs Yet, Mr. Speaker, the President con- running the Postal Service, who should it. They’re delivering packages for tinues to use this language of class be fired by the President, to go to 5-day FedEx and UPS to places where FedEx warfare against an industry that has delivery and to close all the sorting and UPS doesn’t want to go. They’ve created so many tens of thousands of centers. partnered with FedEx and UPS. They jobs all across our country. It is b 1230 deliver packages for small businesses unexplainable why anyone would be and with their one-price package that Under the plan of the Postmaster critical of this industry. FedEx and UPS can’t afford, which are General, it will take longer for a first- The President has also proposed a vital to thousands of small businesses class letter to go from my town of new tax, a general aviation fee, of $100 in my State and millions nationwide. Springfield across the river to the city per flight segment, which would re- of Eugene than it took Thomas Jeffer- They deliver prescriptions. Yes, they quire an entire new bureaucracy to im- son to mail a letter from Monticello to deliver prescriptions on Saturdays for plement and to execute. It is incompre- the Continental Congress. Yes, really, veterans and others. hensible to me why anyone would We need to fix the Postal Service, not that’s what he’s planning. Now, that’s think that was the right approach. not going to cause a bunch of people to destroy it. Mr. Speaker, I have invited the Presi- abandon the Postal Service—of course f dent of the United States to come to not, that will help their revenue. No, it Wichita, Kansas, to see Beechcraft, to LET’S RECTIFY THE FISCAL won’t. SITUATION see Cessna, and to see Learjet and to With this benign neglect, the indif- The SPEAKER pro tempore. The see all the suppliers and all of the peo- ference, the refusal to act over here in Chair recognizes the gentleman from ple who work so hard to make these the House, we’re watching the Postal Florida (Mr. ROSS) for 5 minutes. airplanes. He has not taken me up on Service spiral down the drain, both the Mr. ROSS. Mr. Speaker, I rise today that yet, Mr. Speaker. I urge that he good and the bad of the Postal Service. do so. But, sadly, if he continues to de- If you didn’t make them prepay to address that issue which will have a cline and continues to talk about this health care retirement benefits for peo- significant fiscal impact on the eco- industry in the way that he does, he ple who haven’t yet been born, who nomic well-being of this country in will not suffer, but tens of thousands of haven’t yet gone to work for them, just 16 days. That is the issue of se- Americans who work on these air- over the last 6 years, instead of saying questration. planes all across the country will. they lost $41,200,000,000, actually, it I have to agree with the minority I hope, Mr. Speaker, that the Presi- would come down to about $9 billion. whip from Maryland, who earlier spoke dent will change his direction, change They prepaid $32 billion of health care today that it’s time to stop the blame his course of action, and recognize the retirement benefits, $32 billion. That is game. There is no need to blame any value of this important industry. by far the large majority of their red more about this terrible fiscal policy f ink. Just about 80 percent of their red which we are about to sustain. ink is due to them being forced to do You see, across-the-board cuts that THE CRISIS OF THE UNITED the looming sequester will implement STATES POSTAL SERVICE something that no other entity on Earth is being forced to do. in a couple of weeks are bad policy and The SPEAKER pro tempore. The If you want to look for a phony, man- a result of bad politics. I believe that Chair recognizes the gentleman from ufactured crisis, this is it. Yes, they we must cut spending, and I rise here Oregon (Mr. DEFAZIO) for 5 minutes. still have a small problem. That would in support of careful, targeted cuts. Mr. DEFAZIO. I rise to speak about be about a billion and a half dollars a It is a shame that 850 jobs will be lost yet another phony, created crisis, and year. If we unshackled them a bit, let in Florida schools while we build a that would be the crisis of the United them get into some new lines of busi- $750,000 soccer field in Guantanamo States Postal Service, which we have ness—which the Republicans are refus- Bay for terrorists. It’s a shame that heard is hemorrhaging—hem- ing to do—if we allowed them to set more than 26,000 special education stu- orrhaging—money. rates rationally—they’ve got a couple dents will see cuts to their education Well, it’s kind of interesting. If you of lines of business as they call them in Florida while government agencies look back since in 2006, Congress forced that make money, and they have oth- are spending hundreds of thousands of the United States Postal Service to ers that lose money. But they’re al- dollars on conferences in Las Vegas, prepay health care retirement benefits lowed only to increase rates—even if it Nevada. And it is a shame that more for people who have not yet been born is losing money to deliver junk mail— than 35,000 health care workers in Flor- who might some day go to work for the by a cost-of-living increase, which it ida are projected to lose their jobs Postal Service. Now, if you had trouble would obviously be less than a penny while more than $115 billion was lost in following that, I’d understand it. No on junk mail delivery costs. The same improper payments from this govern- one else in America, no other business, on first-class. ment in just one year. no other agency of government, as far If we allowed them to set their rates We must ask ourselves, for every $1 as I know, no entity in the world is pre- reasonably, if we took away this man- that we are going to spend, is it worth paying the anticipated health care date of prefunding retirement health mortgaging and borrowing our chil- costs of people who haven’t yet been care costs for people who haven’t yet dren’s and our grandchildren’s future born, let alone if they’re a specific en- been born, who haven’t yet gone to for 41 cents for every one of those dol- tity, people who haven’t yet been born work for them, and if we settled up on lars. I submit to you that it is not. and might go to work for them some the old dispute over their overpayment Let’s rectify this situation. I urge day and might retire and might then for the civil service retirees who got the Senate to take up the House-passed need health care, but we’re making the rolled into the FERS system with the legislation, which would make targeted Postal Service do that. Postal Service, actually we could have cuts to eliminate waste, fraud, and Now, I’m not, but the Congress as- a viable entity and one that would con- abuse so that important essential gov- sembled deemed that, snuck it into one tinue to serve America into the next ernment programs will not lose their of those midnight special bills in a century. funding. lame-duck session of Congress. So, now The post office pioneered optical The American people not only de- the hemorrhaging. scanning. They used to have some vi- mand and deserve transparency in

VerDate Mar 15 2010 23:30 Feb 12, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.005 H12FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 12, 2013 CONGRESSIONAL RECORD — HOUSE H437 their appropriation process, but they dress the American people in his an- His name is Joe Cook, Sr. Joe was a also demand and deserve that we be nual State of the Union Address. With community leader, a great father, a prudent and fiscally responsible in the last quarter revealing unemploy- great family member, but I would like making sure we operate and appro- ment has risen .1 percent and the econ- to point out today a great veteran of priate within our means. omy contracting .1 percent, the Presi- the United States. He was a proud f dent should change course. He should American, a decorated Korean war vet- follow the example of President John eran, a member of the U.S. Army’s 1st RECESS F. Kennedy and President Ronald Cavalry Division. He was listed as The SPEAKER pro tempore. Pursu- Reagan to lower taxes during economic missing in action for over 121 days be- ant to clause 12(a) of rule I, the Chair hardship to promote job creation. hind enemy lines. By the grace of God, declares the House in recess until 2 Last Congress, House Republicans he was one of the very few to return p.m. today. passed over 30 job-creating bills. Most home from Task Force Crombez, a re- Accordingly (at 12 o’clock and 35 sadly died in the Senate graveyard. Ad- cipient of the Silver Star, five Bronze minutes p.m.), the House stood in re- ditionally, the House has voted twice Stars, and two Purple Hearts. cess. on a balanced approach to prevent se- These are the kinds of Americans questration with commonsense re- that we need to honor and cherish f forms. We should avoid these dev- today. And I tip my hat off to Mr. b 1400 astating cuts to occur, which will Cook, and I say thank you, sir, for your threaten our national security and de- service to your country. AFTER RECESS stroy over 2 million jobs. House Repub- f licans are actually passing legislation The recess having expired, the House MEDICARE was called to order by the Speaker pro to encourage job growth through small (Mr. COURTNEY asked and was tempore (Mr. HARRIS) at 2 p.m. business success. Now is the time for positive leader- given permission to address the House f ship. I urge the President to begin for 1 minute and to revise and extend PRAYER working with House Republicans to his remarks.) find real solutions that will create jobs Mr. COURTNEY. Mr. Speaker, last The Chaplain, the Reverend Patrick and put our country back on the path Wednesday the Congressional Budget J. Conroy, offered the following prayer: to prosperity. Office came out with their new budget Loving God, thank You for giving us In conclusion, God bless our troops, projections and analysis of last year. another day. and we will never forget September the What it showed was that the Medicare The people’s House prepares to wel- 11th in the global war on terrorism. program grew at the slowest rate since come the governmental and military f 1965 when the program was created. leadership of our Nation. The world As this chart shows, the cost growth watches as the great experiment of ci- DARWIN DAY for Medicare is coming down. As a re- vilian self-government is in high relief. (Mr. HOLT asked and was given per- sult of that, there are $200 billion in May all who populate these hallways mission to address the House for 1 new savings that we didn’t know about this day be possessed of goodwill and a minute and to revise and extend his re- the day before. shared commitment to guarantee the marks.) This is the smart way to balance our freedoms and responsibilities inspired Mr. HOLT. Mr. Speaker, I rise today budget, by providing incentives for pre- by the soaring rhetoric and subsequent to honor the birth of Charles Darwin. ventive care for more efficiency in the actions of our American ancestors. Only rarely in human history has system, not butchering Medicare by May all that is said and done in this someone shown a fundamentally new turning it into a private health insur- Chamber today redound to the benefit way of thinking about the world, an in- ance program or raising the age of eli- of our Nation and the glory of Your sight so revolutionary that it has made gibility. holy name. possible further creative and explana- We can build on its success. We can Amen. tory thinking. stop sequestration by having a smart, In my previous field of physics, we focused health care policy which saves f have Galileo and Newton and Einstein. money for the American taxpayer, but THE JOURNAL In biology, at the top of any list would protects America’s seniors and people The SPEAKER pro tempore. The be Charles Darwin. Without his in- on disability. Chair has examined the Journal of the sights—without his recognition that f natural selection enables ever-increas- last day’s proceedings and announces SEQUESTRATION to the House his approval thereof. ing complexity and functionality and (Mr. OLSON asked and was given per- Pursuant to clause 1, rule I, the Jour- enables the development of ever-more mission to address the House for 1 nal stands approved. wonderful forms of life—our modern understandings of biology, ecology, ge- minute and to revise and extend his re- f netics, and medicine would be impos- marks.) Mr. OLSON. Mr. Speaker, tonight the PLEDGE OF ALLEGIANCE sible, and our comprehension of the world around us would be vastly poor- American people see if President The SPEAKER pro tempore. Will the er. Obama will keep his word regarding se- gentleman from Illinois (Mr. I’ve introduced a resolution to honor questration. At the third Presidential KINZINGER) come forward and lead the February 12 as a ceremonial Darwin debate, President Obama said: House in the Pledge of Allegiance. Day, to recognize the importance of First of all, the sequester is not something Mr. KINZINGER of Illinois led the scientific thinking in our lives and to that I proposed. It’s something that Congress Pledge of Allegiance as follows: honor one of humankind’s greatest has proposed. It will not happen. I pledge allegiance to the Flag of the thinkers. As you can see, the truth is that se- United States of America, and to the Repub- f questration was a concept that came lic for which it stands, one nation under God, from President Obama’s White House, indivisible, with liberty and justice for all. HONORING JOSEPH N. COOK, SR. and sequestration is happening unless f (Mr. KINZINGER of Illinois asked Congress acts. President Obama must and was given permission to address keep his promise to find the necessary NO MORE BLAME, MR. PRESIDENT the House for 1 minute and to revise cuts to get our fiscal house in order. (Mr. WILSON of South Carolina and extend his remarks.) We cannot fix this problem by taxing asked and was given permission to ad- Mr. KINZINGER of Illinois. Mr. the American people more. dress the House for 1 minute and to re- Speaker, I rise today to honor a great Mr. Speaker, I urge the President to vise and extend his remarks.) American hero, somebody born in keep his promise to fix the current se- Mr. WILSON of South Carolina. Mr. Channahon, Illinois, in my district, and questration and maintain the needed Speaker, tonight the President will ad- passed away very recently. cuts in spending.

VerDate Mar 15 2010 04:33 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.006 H12FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H438 CONGRESSIONAL RECORD — HOUSE February 12, 2013 GOVERNMENT SUES STANDARD & Hostfest, the largest Scandinavian fes- the people and continue to fail the peo- POOR’S tival in North America. The Hostfest ple who were wounded and killed at (Ms. KAPTUR asked and was given brings thousands of people to Minot Fort Hood, as well as their families. permission to address the House for 1 every year to celebrate all things Scan- f dinavian. Chester received the St. Olav minute.) REMEMBERING PRESIDENT Medal from the King of Norway as a re- Ms. KAPTUR. Mr. Speaker, I rise LINCOLN today to acknowledge the U.S. Depart- sult of his work with Norsk Hostfest and his promotion of Norwegian and (Mr. COHEN asked and was given per- ment of Justice for finally taking some mission to address the House for 1 substantive action against one of the Scandinavian heritage. He received the Theodore Roosevelt Roughrider Award minute and to revise and extend his re- credit rating agencies, Standard & marks.) Poor’s, for its role in causing the great- in 2002 and was inducted into the Scan- dinavian American Hall of Fame in Mr. COHEN. Mr. Speaker, today is est economic crisis since the Great De- the birthday of Abraham Lincoln. Un- pression. 2011. May God bless Chester’s memory; his fortunately, not many Americans prob- When Wall Street’s housing bubble ably know that; but February 12 used burst in 2008, it sent shock waves wife, Joy; and their beautiful family. He will be missed. to be a date that people remembered. through our economy. That shock wave Now it’s just Presidents Day, a weak may not have been so destructive if f invocation. credit rating agencies like Standard & JACK’S OYSTER HOUSE An award-winning movie is presently Poor’s did not create fraud. CELEBRATES 100TH ANNIVERSARY showing about President Lincoln, a Rather than assessing real risk and (Mr. TONKO asked and was given great President who saved the Union due diligence on the securities, Stand- permission to address the House for 1 and got the 13th Amendment passed— ard & Poor’s invented a system of de- minute and to revise and extend his re- slavery abolished. But the movie also frauding investors by providing the marks.) showed that President Lincoln could highest rating as long as the clients Mr. TONKO. Mr. Speaker, with pride make compromise and make the two paid Standard & Poor’s enough money. I rise today to congratulate Jack’s sides of the bodies work together for If Standard & Poor’s actually rated the Oyster House of Albany, New York, on the betterment of this Nation. mortgage securities for what they were As President Obama from the Land of the celebration of its 100th anniversary truly worth, our entire banking system Lincoln speaks tonight in the State of recently held on January 24. Founded and economy may not have collapsed. the Union, we should remember what by Jack Rosenstein, the restaurant is While the Department of Justice Lincoln taught us: that you need to currently owned by his grandson, Brad. should be praised for taking some ac- work for the union of this government, As a sampling of its entree depth, tion against Standard & Poor’s, other the unity of our people, for rights for Jack’s has served liver and onions rating agencies were left out of the everybody and diversity, and for the since the first day it opened. One case. And the fact is Justice’s case is two parties to work together for the menu, dating back to 1939, lists the only a civil one, not a criminal one. betterment of the United States of price of this signature dish as 75 cents. That tells you who really holds polit- Sadly, however, many restaurants do America. ical power in our country. Thank you, President Lincoln. not make it past their first few years Thanks to Wall Street, America lost of operation; but Jack’s has endured f over 8 million jobs. American house- because it remembers and honors its RESPONSIBLE SPENDING holds lost over $19 trillion in wealth. past, including well-dressed wait staff CONTROLS Yet no major Wall Street executive has and boutique tables and place settings, ever faced the threat of jail time. Real (Mr. MESSER asked and was given while striving to serve its current cus- cases could yield real dollars back to permission to address the House for 1 tomers in a top-notch manner with our Treasury and help America pay the minute and to revise and extend his re- quality, classic fare. bills that resulted from the Great Re- marks.) The only day, interestingly, Jack’s cession beginning in 2008. Mr. MESSER. Mr. Speaker, Uncle ever closed in the past 100 years was in Sam’s free-spending ways have cost f 1986 for Jack Rosenstein’s funeral. May each American $27,000 over the last 4 b 1410 he rest in peace. And may Jack’s Oys- years. As a Nation, we are adding ter House continue to thrive for cen- HONORING THE LIFE OF CHESTER $50,000 in debt each second. But listen- turies to come. We wish all involved a REITEN ing to this President talk about seques- happy 100th birthday. tration, you would think that we can’t (Mr. CRAMER asked and was given f spend one penny less, even though dis- permission to address the House for 1 FORT HOOD’S TERRORIST ATTACK cretionary spending has risen over his minute and to revise and extend his re- tenure, even though we spend millions marks.) (Mr. WOLF asked and was given per- on such necessities as robotic squirrels, Mr. CRAMER. Mr. Speaker, a North mission to address the House for 1 Martian menus, hot-air balloons, and Dakota legend died recently, and I was minute and to revise and extend his re- other so-called priorities. honored to be able to attend the cele- marks.) The House has voted twice to replace bration of his life, a sendoff worthy of Mr. WOLF. Mr. Speaker, a report will the President’s sequester with com- a king. air tonight on ‘‘ABC News’’ about the monsense spending reforms. It is time Chester Reiten was like royalty, es- Obama administration’s negligence of to get serious about replacing these in- pecially to the people of his hometown the Fort Hood survivors and their fam- discriminate cuts with other more tar- of Minot, where he served as their ilies. This was clearly a terrorist at- geted spending reductions, but not by mayor for 14 years. Public service came tack. And while the Obama administra- raising taxes again. naturally to Chet. During World War tion has designated that attack that Mr. Speaker, I am willing to work II, he enlisted in the United States killed all those people a ‘‘workplace vi- with this President to replace his se- Navy, serving as an ensign and com- olence,’’ the survivors cannot get as- quester with responsible spending con- manding officer of a landing craft in- sistance. Major Hasan was influenced trols. I am not willing to ask our con- fantry ship. by Awlaki. The administration knew stituents to give Washington more of In addition to military and local Awlaki was bad, and they killed him by their hard-earned money so it can be service, Chet served 16 years in the a drone missile. And now the people squandered and added to the hefty tab North Dakota Senate where he was that are involved are not getting the Uncle Sam is piling up on their behalf. also president pro tem. necessary help. f Chester really made a name for him- Secretary of Defense Panetta, Chair- self and Minot when he combined his man of the Joint Chiefs Dempsey, At- CURBING GUN VIOLENCE loves of Norwegian culture and Amer- torney General Holder, and the Presi- (Mr. SCHNEIDER asked and was ica by founding the annual Norsk dent of the United States have failed given permission to address the House

VerDate Mar 15 2010 23:30 Feb 12, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.010 H12FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 12, 2013 CONGRESSIONAL RECORD — HOUSE H439 for 1 minute and to revise and extend (3) as of the date of enactment of this Act, 2013, the facility is not licensed under, or ex- his remarks.) hydropower resources, including pumped empted from the license requirements con- Mr. SCHNEIDER. Mr. Speaker, a lit- storage facilities, provide— tained in, this part. ‘‘(b) Subject to subsection (c), the Commis- tle over a week ago, I met with com- (A) nearly 7 percent of the electricity gen- erated in the United States; and sion may grant an exemption in whole or in munity leaders, law enforcement, men- (B) approximately 100,000 megawatts of part from the requirements of this part, in- tal health professionals, gun owners, electric capacity in the United States; cluding any license requirements contained and those who have been touched by (4) only 3 percent of the 80,000 dams in the in this part, to any facility (not including gun violence to discuss what we can do United States generate electricity, so there any dam or other impoundment) con- together to curb gun violence. They is substantial potential for adding hydro- structed, operated, or maintained for the shared their thoughts and different power generation to nonpowered dams; and generation of electric power which the Com- perspectives; but, together, they called (5) according to one study, by utilizing cur- mission determines, by rule or order— ‘‘(1) utilizes for such generation only the on me to take action. rently untapped resources, the United States could add approximately 60,000 megawatts of hydroelectric potential of a conduit; and So today, I rise to urge my col- new hydropower capacity by 2025, which ‘‘(2) has an installed capacity that does not leagues to join me in support of sen- could create 700,000 new jobs over the next 13 exceed 40 megawatts.’’; sible new gun laws. We must pass legis- years. (2) in subsection (c), by striking ‘‘sub- lation that will lead to universal back- SEC. 3. PROMOTING SMALL HYDROELECTRIC section (a)’’ and inserting ‘‘subsection (b)’’; ground checks, that makes gun traf- POWER PROJECTS. and ficking a Federal crime, and limits ac- Subsection (d) of section 405 of the Public (3) in subsection (d), by striking ‘‘sub- cess to high-capacity magazines and Utility Regulatory Policies Act of 1978 (16 section (a)’’ and inserting ‘‘subsection (b)’’. (b) CONFORMING AMENDMENT.—Subsection military-style assault weapons. U.S.C. 2705) is amended by striking ‘‘5,000’’ and inserting ‘‘10,000’’. (d) of section 405 of the Public Utility Regu- This is the moment. Right now, this latory Policies Act of 1978 (16 U.S.C. 2705), as is the time. Together, we have the op- SEC. 4. PROMOTING CONDUIT HYDROPOWER PROJECTS. amended, is further amended by striking ‘‘subsection (a) of such section 30’’ and in- portunity to save lives. It’s up to us to (a) APPLICABILITY OF, AND EXEMPTION serting ‘‘subsection (b) of such section 30’’. seize the moment. Let’s get to work. FROM, LICENSING REQUIREMENTS.—Section 30 SEC. 5. FERC AUTHORITY TO EXTEND PRELIMI- f of the Federal Power Act (16 U.S.C. 823a) is amended— NARY PERMIT PERIODS. Section 5 of the Federal Power Act (16 ANNOUNCEMENT BY THE SPEAKER (1) by striking subsections (a) and (b) and U.S.C. 798) is amended— PRO TEMPORE inserting the following: (1) by designating the first, second, and ‘‘(a)(1) A qualifying conduit hydropower fa- The SPEAKER pro tempore. Pursu- third sentences as subsections (a), (c), and cility shall not be required to be licensed ant to clause 8 of rule XX, the Chair (d), respectively; and under this part. (2) by inserting after subsection (a) (as so will postpone further proceedings ‘‘(2)(A) Any person, State, or municipality designated) the following: today on motions to suspend the rules proposing to construct a qualifying conduit on which a recorded vote or the yeas ‘‘(b) The Commission may extend the pe- hydropower facility shall file with the Com- riod of a preliminary permit once for not and nays are ordered, or on which the mission a notice of intent to construct such more than 2 additional years beyond the 3 vote incurs objection under clause 6 of facility. The notice shall include sufficient years permitted by subsection (a) if the Com- rule XX. information to demonstrate that the facility mission finds that the permittee has carried Record votes on postponed questions meets the qualifying criteria. out activities under such permit in good will be taken later. ‘‘(B) Not later than 15 days after receipt of faith and with reasonable diligence.’’. a notice of intent filed under subparagraph f SEC. 6. PROMOTING HYDROPOWER DEVELOP- (A), the Commission shall— MENT AT NONPOWERED DAMS AND HYDROPOWER REGULATORY ‘‘(i) make an initial determination as to CLOSED LOOP PUMPED STORAGE whether the facility meets the qualifying EFFICIENCY ACT OF 2013 PROJECTS. criteria; and (a) IN GENERAL.—To improve the regu- Mr. WHITFIELD. Mr. Speaker, I ‘‘(ii) if the Commission makes an initial latory process and reduce delays and costs move to suspend the rules and pass the determination, pursuant to clause (i), that for hydropower development at nonpowered bill (H.R. 267) to improve hydropower, the facility meets the qualifying criteria, dams and closed loop pumped storage and for other purposes. publish public notice of the notice of intent projects, the Federal Energy Regulatory filed under subparagraph (A). The Clerk read the title of the bill. Commission (referred to in this section as ‘‘(C) If, not later than 45 days after the the ‘‘Commission’’) shall investigate the fea- The text of the bill is as follows: date of publication of the public notice de- sibility of the issuance of a license for hydro- H.R. 267 scribed in subparagraph (B)(ii)— power development at nonpowered dams and Be it enacted by the Senate and House of Rep- ‘‘(i) an entity contests whether the facility closed loop pumped storage projects in a 2- resentatives of the United States of America in meets the qualifying criteria, the Commis- year period (referred to in this section as a Congress assembled, sion shall promptly issue a written deter- ‘‘2-year process’’). Such a 2-year process mination as to whether the facility meets SECTION 1. SHORT TITLE; TABLE OF CONTENTS. shall include any prefiling licensing process such criteria; or (a) SHORT TITLE.—This Act may be cited as of the Commission. ‘‘(ii) no entity contests whether the facil- the ‘‘Hydropower Regulatory Efficiency Act (b) WORKSHOPS AND PILOTS.—The Commis- ity meets the qualifying criteria, the facility of 2013’’. sion shall— shall be deemed to meet such criteria. (1) not later than 60 days after the date of (b) TABLE OF CONTENTS.—The table of con- ‘‘(3) For purposes of this section: tents of this Act is as follows: enactment of this Act, hold an initial work- ‘‘(A) The term ‘conduit’ means any tunnel, shop to solicit public comment and rec- Sec. 1. Short title; table of contents. canal, pipeline, aqueduct, flume, ditch, or ommendations on how to implement a 2-year Sec. 2. Findings. similar manmade water conveyance that is process; Sec. 3. Promoting small hydroelectric power operated for the distribution of water for ag- (2) develop criteria for identifying projects projects. ricultural, municipal, or industrial consump- featuring hydropower development at non- Sec. 4. Promoting conduit hydropower tion and not primarily for the generation of powered dams and closed loop pumped stor- projects. electricity. age projects that may be appropriate for li- Sec. 5. FERC authority to extend prelimi- ‘‘(B) The term ‘qualifying conduit hydro- censing within a 2-year process; nary permit periods. power facility’ means a facility (not includ- (3) not later than 180 days after the date of Sec. 6. Promoting hydropower development ing any dam or other impoundment) that is enactment of this Act, develop and imple- at nonpowered dams and closed determined or deemed under paragraph (2)(C) ment pilot projects to test a 2-year process, loop pumped storage projects. to meet the qualifying criteria. if practicable; and Sec. 7. DOE study of pumped storage and po- ‘‘(C) The term ‘qualifying criteria’ means, (4) not later than 3 years after the date of tential hydropower from con- with respect to a facility— implementation of the final pilot project duits. ‘‘(i) the facility is constructed, operated, or testing a 2-year process, hold a final work- SEC. 2. FINDINGS. maintained for the generation of electric shop to solicit public comment on the effec- Congress finds that— power and uses for such generation only the tiveness of each tested 2-year process. (1) the hydropower industry currently em- hydroelectric potential of a non-federally (c) MEMORANDUM OF UNDERSTANDING.—The ploys approximately 300,000 workers across owned conduit; Commission shall, to the extent practicable, the United States; ‘‘(ii) the facility has an installed capacity enter into a memorandum of understanding (2) hydropower is the largest source of that does not exceed 5 megawatts; and with any applicable Federal or State agency clean, renewable electricity in the United ‘‘(iii) on or before the date of enactment of to implement a pilot project described in States; the Hydropower Regulatory Efficiency Act of subsection (b).

VerDate Mar 15 2010 23:30 Feb 12, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.012 H12FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H440 CONGRESSIONAL RECORD — HOUSE February 12, 2013 (d) REPORTS.— GENERAL LEAVE natural gas, and renewable energies (1) PILOT PROJECTS NOT IMPLEMENTED.—If Mr. WHITFIELD. Mr. Speaker, I ask like hydropower. the Commission determines that no pilot unanimous consent that all Members The SPEAKER pro tempore. The project described in subsection (b) is prac- may have 5 legislative days to revise time of the gentlewoman has expired. ticable because no 2-year process is prac- and extend their remarks and to in- Mr. WHITFIELD. I yield the gentle- ticable, not later than 240 days after the date woman an additional 3 minutes. of enactment of this Act, the Commission clude extraneous material on H.R. 267. shall submit to the Committee on Energy The SPEAKER pro tempore. Is there Mrs. MCMORRIS RODGERS. There and Commerce of the House of Representa- objection to the request of the gen- was a recent study by the National Hy- tives and the Committee on Energy and Nat- tleman from Kentucky? dropower Association that showed we ural Resources of the Senate a report that— There was no objection. could double hydropower production in (A) describes the public comments received Mr. WHITFIELD. Mr. Speaker, I this country without building a new as part of the initial workshop held under yield myself such time as I may con- dam, simply by investing in new tech- subsection (b)(1); and sume. nologies, new turbines. Actually, only 3 (B) identifies the process, legal, environ- percent of the dams in the country mental, economic, and other issues that jus- H.R. 267 is the result of the bipar- tisan effort of Congresswoman CATHY produce electricity. tify the determination of the Commission We could also, in this process, create that no 2-year process is practicable, with MCMORRIS RODGERS and Congress- 700,000 jobs. Unleashing American inge- recommendations on how Congress may ad- woman DIANA DEGETTE, both members dress or remedy the identified issues. of the Energy and Commerce Com- nuity to increase hydropower produc- tion will lower energy costs and help (2) PILOT PROJECTS IMPLEMENTED.—If the mittee. They’ve worked long and hard create thousands of jobs. Commission develops and implements pilot on this legislation. It has great prom- projects involving a 2-year process, not later Mr. Speaker, I urge all of my col- ise for increased hydropower develop- than 60 days after the date of completion of leagues to support American energy the final workshop held under subsection ment across the Nation, and we’re de- and support H.R. 267. (b)(4), the Commission shall submit to the lighted to bring it to the floor today. Mr. BEN RAY LUJA´ N of New Mexico. Committee on Energy and Commerce of the At this time, I would like to yield 2 Mr. Speaker, I yield myself such time House of Representatives and the Committee minutes to the gentlelady from Wash- as I may consume. on Energy and Natural Resources of the Sen- ington (Mrs. MCMORRIS RODGERS). H.R. 267 is a bipartisan bill that will ate a report that— Mrs. MCMORRIS RODGERS. Mr. (A) describes the outcomes of the pilot facilitate the development of new, en- Speaker, I rise in strong support of vironmentally responsible hydropower projects; H.R. 267, the Hydropower Regulatory (B) describes the public comments from projects. The bill was introduced by the final workshop on the effectiveness of Efficiency Act of 2013, which I intro- Mrs. MCMORRIS RODGERS and Ms. each tested 2-year process; and duced with my good friend from Colo- DIANA DEGETTE. It was developed (C)(i) outlines how the Commission will rado, Representative DIANA DEGETTE. through a cooperative process that in- adopt policies under existing law (including b 1420 cluded extensive discussions with in- regulations) that result in a 2-year process terested stakeholders and agencies. for appropriate projects; As we continue to advance an all-of- This process was produced in a bal- (ii) outlines how the Commission will issue the-above energy strategy, we must re- anced, bipartisan way, and it is bipar- new regulations to adopt a 2-year process for member to include our Nation’s larg- appropriate projects; or tisan legislation. The legislation is est, cleanest, most affordable, reliable, supported by both hydropower devel- (iii) identifies the process, legal, environ- and renewable energy source—hydro- mental, economic, and other issues that jus- opers and environmentalists. It was tify a determination of the Commission that power. unanimously reported out of the En- no 2-year process is practicable, with rec- Sustainable hydropower is a part of a ergy and Commerce Committee, and ommendations on how Congress may address strong economy, and to see the poten- last Congress, the House passed an or remedy the identified issues. tial and the benefits of hydropower, all identical bill by a vote of 382–0. SEC. 7. DOE STUDY OF PUMPED STORAGE AND you have to do is look at my home I urge my colleagues to support this POTENTIAL HYDROPOWER FROM State of Washington State. Over 75 per- bill. CONDUITS. cent of our electricity comes from hy- (a) IN GENERAL.—The Secretary of Energy Mr. Speaker, I reserve the balance of shall conduct a study— dropower. It’s clean and it’s renewable. my time. (1)(A) of the technical flexibility that ex- The Columbia and Snake River dams Mr. WHITFIELD. Mr. Speaker, I re- isting pumped storage facilities can provide in eastern and central Washington serve the balance of my time. to support intermittent renewable electric transformed our economy. What was Mr. BEN RAY LUJA´ N of New Mexico. energy generation, including the potential once a dry, barren desert with sage- Mr. Speaker, I’d ask if the majority for such existing facilities to be upgraded or brush is one of the most productive ag- has any additional speakers. retrofitted with advanced commercially riculture regions in the world. And be- Mr. WHITFIELD. We have no addi- available technology; and cause of low-cost hydropower, we’ve at- tional speakers. (B) of the technical potential of existing ´ tracted high-tech companies like Mr. BEN RAY LUJAN of New Mexico. pumped storage facilities and new advanced Mr. Speaker, I yield back the balance pumped storage facilities, to provide grid re- Google and Yahoo to relocate their liability benefits; and servers in eastern Washington. We’ve of my time. (2)(A) to identify the range of opportuni- also brought manufacturing facilities Mr. WHITFIELD. I just want to say, ties for hydropower that may be obtained like the BMW plant, which is in Moses in conclusion, how much we enjoyed from conduits (as defined by the Secretary) Lake. working with both sides of the aisle on in the United States; and However, the regulatory process for this issue. I want to thank CATHY (B) through case studies, to assess amounts hydropower, particularly for these MCMORRIS RODGERS and DIANA of potential energy generation from such DEGETTE. smaller, controversial projects, is bro- conduit hydropower projects. The Nation will benefit from this leg- ken. Too often the cost of complying (b) REPORT.—Not later than 1 year after islation because, as has already been the date of enactment of this Act, the Sec- exceeds the cost of the equipment said, hydropower is a clean, efficient, retary of Energy shall submit to the Com- itself. We need to make this process mittee on Energy and Commerce of the abundant, and affordable source of en- easier and less costly, and that’s what ergy. And I urge people to support this House of Representatives and the Committee this legislation will do. Think of it as on Energy and Natural Resources of the Sen- legislation. ate a report that describes the results of the the 1040–EZ for hydro permitting. H.R. I yield back the balance of my time. study conducted under subsection (a), includ- 267 streamlines the hydropower permit- The SPEAKER pro tempore. The ing any recommendations. ting process, reducing the burdens im- question is on the motion offered by The SPEAKER pro tempore. Pursu- peding development and getting low- the gentleman from Kentucky (Mr. ant to the rule, the gentleman from cost power to communities faster. WHITFIELD) that the House suspend the Kentucky (Mr. WHITFIELD) and the gen- Mr. Speaker, most agree with the rules and pass the bill, H.R. 267. tleman from New Mexico (Mr. BEN RAY goal of energy independence and con- The question was taken. LUJA´ N) each will control 20 minutes. tinuing the energy revolution. As part The SPEAKER pro tempore. In the The Chair recognizes the gentleman of an all-of-the-above strategy, we need opinion of the Chair, two-thirds being from Kentucky. to domestically produce more oil, coal, in the affirmative, the ayes have it.

VerDate Mar 15 2010 04:33 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.001 H12FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 12, 2013 CONGRESSIONAL RECORD — HOUSE H441 Mr. WHITFIELD. Mr. Speaker, on (2) before taking any action under section mission to reinstate licenses for two that I demand the yeas and nays. 2 or 3— hydroelectric power plants on the The yeas and nays were ordered. (A) consider any comments received during Farmington River and to transfer these The SPEAKER pro tempore. Pursu- such 30-day period; and licenses to the Town of Canton, Con- ant to clause 8 of rule XX, further pro- (B) incorporate in the license for the projects involved, such terms and conditions necticut. This noncontroversial legisla- ceedings on this motion will be post- as the Commission determines to be nec- tion has passed the House by voice vote poned. essary, based on the environmental assess- in both the 111th and 112th Congresses. f ment performed and comments received Mr. Speaker, I yield 5 minutes to the under this section. gentlewoman from Connecticut (Ms. COLLINSVILLE RENEWABLE ESTY), the sponsor of the bill. ENERGY PROMOTION ACT SEC. 5. DEADLINE. Not later than 270 days after the date of Ms. ESTY. Thank you, Congressman Mr. WHITFIELD. Mr. Speaker, I enactment of this Act, the Commission LUJA´ N. And I’d like to thank Chairman move to suspend the rules and pass the shall— WHITFIELD for his leadership on this bill (H.R. 316) to reinstate and transfer (1) make a final decision pursuant to para- important issue and for bringing this certain hydroelectric licenses and ex- graph (1) of section 2; and bill to the floor so quickly this year. tend the deadline for commencement of (2) if the Commission decides to reinstate I rise as the proud sponsor of the Col- construction of certain hydroelectric one or both of the licenses under such para- linsville Renewable Energy Promotion graph and extend the corresponding deadline projects. for commencement of construction under Act. This bill, as the chairman so aptly The Clerk read the title of the bill. paragraph (2) of such section, complete the described, would provide FERC limited The text of the bill is as follows: action required under section 3. authority to license the Town of Can- H.R. 316 SEC. 6. PROTECTION OF EXISTING RIGHTS. ton, in my district, to operate two Be it enacted by the Senate and House of Rep- Nothing in this Act shall affect any valid small and dormant dams for hydro- resentatives of the United States of America in license issued by the Commission under sec- electric power. Congress assembled, tion 4 of the Federal Power Act (16 U.S.C. The Upper and Lower Collinsville SECTION 1. SHORT TITLE. 797) on or before the date of enactment of dams on the Farmington River were This Act may be cited as the ‘‘Collinsville this Act or diminish or extinguish any exist- first built in the 18th and 19th cen- Renewable Energy Promotion Act’’. ing rights under any such license. turies to power an ax manufacturer. SEC. 2. REINSTATEMENT OF EXPIRED LICENSES The SPEAKER pro tempore. Pursu- While this business closed in the 1960s, AND EXTENSION OF TIME TO COM- MENCE CONSTRUCTION OF ant to the rule, the gentleman from the dams have remained and are a last- PROJECTS. Kentucky (Mr. WHITFIELD) and the gen- ing symbol of the Farmington Valley’s Subject to section 4 of this Act and not- tleman from New Mexico (Mr. BEN RAY very proud manufacturing history. withstanding the time period under section LUJA´ N) each will control 20 minutes. And just as our communities have 13 of the Federal Power Act (16 U.S.C. 806) The Chair recognizes the gentleman been reinvented over the years, we now that would otherwise apply to Federal En- from Kentucky. have the opportunity to reinvent a dor- ergy Regulatory Commission projects num- GENERAL LEAVE mant dam into a dam producing local, bered 10822 and 10823, the Federal Energy clean energy. If the Federal Energy Regulatory Commission (referred to in this Mr. WHITFIELD. Mr. Speaker, I ask Act as the ‘‘Commission’’) may— unanimous consent that all Members Regulatory Commission, under the au- (1) reinstate the license for either or each may have 5 legislative days in which to thority of this bill, permits both dams of those projects; and revise and extend their remarks and in- to generate hydropower, the dams (2) extend for 2 years after the date on sert extraneous materials in the could produce nearly 2 megawatts of which either or each project is reinstated power, enough to power more than 1,500 RECORD on the bill. under paragraph (1) the time period during homes, which I’ll note, parenthetically, which the licensee is required to commence The SPEAKER pro tempore. Is there objection to the request of the gen- with 3 feet of snow in the last week, the construction of such projects. were much in demand, that additional Prior to reaching any final decision under tleman from Kentucky? There was no objection. power. Licenses for this purpose had this section, the Commission shall provide previously been issued, and this bill an opportunity for submission of comments Mr. WHITFIELD. Mr. Speaker, I would allow the reinstatement of the by interested persons, municipalities, and yield myself such time as I may con- States and shall consider any such comment sume. inactive FERC licenses. Now, as with any dam on any river, that is timely submitted. H.R. 316 would provide the Federal there are legitimate concerns about SEC. 3. TRANSFER OF LICENSES TO THE TOWN Energy Regulatory Commission with OF CANTON, CONNECTICUT. the river and the ecosystem’s health. limited authority to reinstate two ter- Notwithstanding section 8 of the Federal The Upper and Lower Collinsville dams minated hydroelectric licenses and Power Act (16 U.S.C. 801) or any other provi- already exist, and our legislation ad- transfer them to a new owner, the sion thereof, if the Commission reinstates dresses many concerns to fully protect Town of Canton, Connecticut. The li- the license for, and extends the time period the river’s health by requiring FERC to during which the licensee is required to com- censes are associated with the Upper complete an updated analysis of the en- mence the construction of, a Federal Energy and Lower Collinsville dams on the vironmental impact of the projects and Regulatory Commission project under sec- Farmington River in Connecticut. Both seek additional public comment before tion 2, the Commission shall transfer such li- projects are under 1 megawatt each. cense to the town of Canton, Connecticut. taking action. This is important legislation that will SEC. 4. ENVIRONMENTAL ASSESSMENT. Now, this project started long before certainly benefit the people in that (a) DEFINITION.—For purposes of this sec- I was elected to Congress, and I’m tion, the term ‘‘environmental assessment’’ area. proud to continue the work on this bill. ´ shall have the same meaning as is given such I want to thank Mr. LUJAN and oth- Just a few months ago, this body term in regulations prescribed by the Coun- ers for working with us on this impor- passed the exact same language offered cil on Environmental Quality that imple- tant piece of legislation. by then-Congressman CHRIS MURPHY, ment the National Environmental Policy I reserve the balance of my time. Connecticut’s new Senator. He’s been a Act of 1969 (42 U.S.C. 4321 et seq.). Mr. BEN RAY LUJA´ N of New Mexico. (b) ENVIRONMENTAL ASSESSMENT.—Not longtime champion on this issue, and later than 180 days after the date of enact- Mr. Speaker, I yield myself such time I’m grateful for his and First Select- ment of this Act, the Commission shall com- as I may consume. man of Canton Richard Barlow’s work plete an environmental assessment for Fed- Mr. Speaker, I want to thank Chair- spearheading these efforts back home. eral Energy Regulatory Commission projects man WHITFIELD and all of the members numbered 10822 and 10823, updating, to the of the majority as well for working b 1430 extent necessary, the environmental anal- with the minority on this important I would also like to mention another ysis performed during the process of licens- piece of legislation. longtime supporter of this project, Art ing such projects. I encourage my colleagues to support Fournier. Sadly, Art passed away this (c) COMMENT PERIOD.—Upon issuance of the environmental assessment required under the Collinsville hydropower legislation past July. But during one of the occa- subsection (b), the Commission shall— introduced by Congresswoman ESTY of sions I had the opportunity to discuss (1) initiate a 30-day public comment pe- Connecticut. The bill would authorize issues with him and gain from his life- riod; and the Federal Energy Regulatory Com- time of experiences, he brought up this

VerDate Mar 15 2010 04:33 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.015 H12FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H442 CONGRESSIONAL RECORD — HOUSE February 12, 2013 bill to enforce upon me how important SECTION 1. SHORT TITLE. I rise in strong support and urge my it was. He was committed to public This Act may be cited as the ‘‘Veteran colleagues to vote for H.R. 235, the Vet- service and to ensuring that the world Emergency Medical Technician Support Act eran Emergency Medical Technician of 2013’’. was a better place for the next genera- Support Act of 2013. SEC. 2. ASSISTING VETERANS WITH MILITARY tion. His commitment to public service EMERGENCY MEDICAL TRAINING TO At this time I yield 5 minutes to the was evident from his service on many MEET REQUIREMENTS FOR BECOM- gentleman from Illinois (Mr. boards and commissions in the town of ING CIVILIAN EMERGENCY MEDICAL KINZINGER), a member of the Energy Canton, including on the Hydro Power TECHNICIANS. and Commerce Committee, who wrote (a) IN GENERAL.—Part B of title III of the Advisory Commission. Public Health Service Act (42 U.S.C. 243 et this important legislation. Another strong advocate for this seq.) is amended by inserting after section Mr. KINZINGER of Illinois. Thank project also, sadly, died this summer, 314 the following: you, Mr. Chairman, for your hard work Mark Quattro. Mark, too, made us ‘‘SEC. 315. ASSISTING VETERANS WITH MILITARY in bringing this forward. I just want to aware of the importance of this project EMERGENCY MEDICAL TRAINING TO thank all my colleagues on both sides for the little town of Canton, and he MEET REQUIREMENTS FOR BECOM- of the aisle for supporting this bill. ING CIVILIAN EMERGENCY MEDICAL was deeply committed to the commu- TECHNICIANS. Unemployment rates continue to be nity and served on many town organi- ‘‘(a) PROGRAM.—The Secretary shall estab- far too high among our veterans who zations, including the chamber of com- lish a program consisting of awarding dem- are returning from Iraq and Afghani- merce. It would be a fitting tribute to onstration grants to States to streamline stan. These returning men and women honor these two fine citizens of Can- State requirements and procedures in order deserve a smooth transition from the ton, Art Fournier and Mark Quattro, to assist veterans who completed military military into the civilian workforce. by passing this bill today. emergency medical technician training while As a Nation, we must recognize the ex- I’d like to thank, again, Chairman serving in the Armed Forces of the United perience and education that our mili- States to meet certification, licensure, and WHITFIELD, as well as Chairman UPTON other requirements applicable to becoming tary-trained EMTs receive. It’s ineffi- and Ranking Members WAXMAN and an emergency medical technician in the cient to force these well-trained vet- RUSH and their staffs for bringing the State. erans to start over with basic training Collinsville Renewable Energy Pro- ‘‘(b) USE OF FUNDS.—Amounts received as a in the civilian workforce after aiding motion Act to the floor today for a demonstration grant under this section shall wounded men and women who were se- vote. This project has a long history of be used to prepare and implement a plan to verely injured in combat. We must rec- bipartisan support at the local level, streamline State requirements and proce- ognize military-trained EMT skills and dures as described in subsection (a), includ- and I’m proud to be working with my ing by— education and streamline the process colleagues across the aisle to empower ‘‘(1) determining the extent to which the so these honorable men and women can local communities to utilize existing requirements for the education, training, quickly return to work here at home. resources to create locally produced and skill level of emergency medical techni- I’m a pilot in the Air National Guard. clean, renewable power. I respectfully cians in the State are equivalent to require- One of the things that really brought urge my colleagues to support this bill. ments for the education, training, and skill this to my mind is, as a pilot, I went Mr. WHITFIELD. Mr. Speaker, we level of military emergency medical techni- through my pilot training and was able have no further speakers, and I reserve cians; and to take an equivalency test in which I the balance of my time. ‘‘(2) identifying methods, such as waivers, was granted, basically, the civilian Mr. BEN RAY LUJA´ N of New Mexico. for military emergency medical technicians to forego or meet any such equivalent State equivalent of what I learned in the Mr. Speaker, I would just urge my col- requirements. military. And you realize those are leagues to adopt this legislation. ‘‘(c) ELIGIBILITY.—To be eligible for a grant very obviously transferable skills. And I yield back the balance of my time. under this section, a State shall demonstrate to be able to bring that into the civil- Mr. WHITFIELD. I want to thank that the State has a shortage of emergency ian workforce has done great for air- Mr. LUJA´ N, members of the committee, medical technicians. lines and commercial piloting and ev- and certainly Ms. ESTY for her involve- ‘‘(d) REPORT.—The Secretary shall submit to the Congress an annual report on the pro- erything, frankly, related to aviation ment in this legislation and would urge in the civilian world. all the Members to support this legisla- gram under this section. ‘‘(e) FUNDING.—Of the amount authorized This bill is a commonsense way to tion. by section 751(j)(1) to be appropriated to help our veterans as they transition I yield back the balance of my time. carry out section 751 for fiscal year 2014, back to civilian life. By supporting The SPEAKER pro tempore. The there is authorized to be appropriated to States to make the process more effi- question is on the motion offered by carry out this section $1,000,000 for the period cient, veterans with military EMT the gentleman from Kentucky (Mr. of fiscal years 2014 through 2018.’’. training will more quickly become cer- WHITFIELD) that the House suspend the (b) CONFORMING AMENDMENT.—Section tified civilian EMTs. In doing so, re- rules and pass the bill, H.R. 316. 751(j)(1) of the Public Health Service Act (42 turning veterans will not have to start The question was taken; and (two- U.S.C. 294a(j)(1)) is amended by striking over at square one in their training and thirds being in the affirmative) the ‘‘There is authorized to be appropriated’’ and inserting ‘‘Subject to section 315(e), there is can enter the civilian workforce much rules were suspended and the bill was authorized to be appropriated’’. sooner. passed. A motion to reconsider was laid on The SPEAKER pro tempore. Pursu- One other point to make in this is the table. ant to the rule, the gentleman from that in rural areas—and I represent a Kentucky (Mr. WHITFIELD) and the gen- lot of rural areas in Illinois—there is a f tleman from New Mexico (Mr. BEN RAY shortage of emergency medical techni- VETERAN EMERGENCY MEDICAL LUJA´ N) each will control 20 minutes. cians in small towns. But there’s not a TECHNICIAN SUPPORT ACT OF 2013 The Chair recognizes the gentleman shortage of folks coming back from Mr. WHITFIELD. Mr. Speaker, I from Kentucky. Iraq and Afghanistan—veterans in move to suspend the rules and pass the GENERAL LEAVE these small communities. To be able to bill (H.R. 235) to amend the Public Mr. WHITFIELD. Mr. Speaker, I ask do this small step in ensuring that the Health Service Act to provide grants to unanimous consent that all Members rural areas, the rural municipalities States to streamline State require- may have 5 legislative days in which to and our veterans are matched with jobs ments and procedures for veterans with revise and extend their remarks and in- where there is need is, I think, a very military emergency medical training sert extraneous materials in the positive step in the right direction. to become civilian emergency medical RECORD on the bill. I would urge my colleagues on both technicians. The SPEAKER pro tempore. Is there sides of the aisle to support this great The Clerk read the title of the bill. objection to the request of the gen- piece of legislation. The text of the bill is as follows: tleman from Kentucky? Mr. BEN RAY LUJA´ N of New Mexico. H.R. 235 There was no objection. Mr. Speaker, I yield myself such time Be it enacted by the Senate and House of Rep- Mr. WHITFIELD. Mr. Speaker, I as I may consume. resentatives of the United States of America in yield myself such time as I may con- Mr. Speaker, I rise in support of H.R. Congress assembled, sume. 235, the Veteran Emergency Medical

VerDate Mar 15 2010 03:53 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.017 H12FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 12, 2013 CONGRESSIONAL RECORD — HOUSE H443 Technician Support Act of 2013. This in favor of H.R. 235. Once again, I placement of placards or personal bill authorizes a demonstration grant thank the gentleman from Illinois and items will not be allowed. Chamber Se- program for States that are experi- all of those on the committee who curity may remove these items from encing emergency medical technician brought this legislation to the floor. the seats. Members may reserve their shortages so that States, in turn, can I yield back the balance of my time. seats only by physical presence fol- better assist returning veterans and Mr. WAXMAN. Mr. Speaker, I rise in support lowing the security sweep of the Cham- their transition to civilian employ- of H.R. 235, the Veteran Emergency Medical ber. ment. States receiving grant funding Technician Support Act of 2013. Congress- Pursuant to clause 12(a) of rule I, the under this program would develop and woman CAPPS and Congressman KINZINGER Chair declares the House in recess until implement plans to streamline train- have introduced this commonsense legislation approximately 8:35 p.m. for the purpose ing and educational requirements for to advance our shared goals of getting our of receiving in joint session the Presi- returning vets. Specifically, States veterans back to work and addressing areas dent of the United States. would determine the extent to which of shortage in health professions. Accordingly (at 2 o’clock and 41 min- civilian education and training re- H.R. 235 is essentially the same as legisla- utes p.m.), the House stood in recess. quirements are equivalent to those for tion the House passed on a voice vote in the f previous military EMT work. And 112th Congress. I know we are all hopeful that States would identify ways for quali- this time around the Senate will act quickly to b 2040 fied military EMTs to forego duplica- consider and pass this bill. Each of us is deeply indebted to the mem- JOINT SESSION OF CONGRESS tive requirements. PURSUANT TO HOUSE CONCUR- H.R. 235 was reported by the Energy bers of our military for their patriotism and for RENT RESOLUTION 11 TO RE- and Commerce Committee with broad all they do to protect our country and its na- CEIVE A MESSAGE FROM THE bipartisan support. And, Mr. Speaker, I tional interests. PRESIDENT think it’s also worth noting that H.R. We know that our returning vets have 235 is essentially the same as legisla- unique skills and experiences that make them The recess having expired, the House tion that passed the House on a voice highly qualified for jobs in the health care and was called to order by the Speaker at 8 vote in the last Congress. I commend other sectors. However, the unfortunate reality o’clock and 40 minutes p.m. the sponsors of the bill, Congressman is that our veterans experience unemployment The Deputy Sergeant at Arms, Mrs. KINZINGER and Congresswoman CAPPS, rates well above the national average. Kerri Hanley, announced the Vice for their leadership on this important H.R. 235 authorizes a demonstration grant President and Members of the U.S. issue. H.R. 235 is a commonsense bipar- program for states to support planning efforts Senate, who entered the Hall of the tisan measure. I urge my colleagues to to streamline their certification and licensure House of Representatives, the Vice join me in supporting this bill. requirements for returning vets with emer- President taking the chair at the right Mr. Speaker, I thank the chairman gency medical training. While states would of the Speaker, and the Members of the and the majority for working with us take the lead in carrying out this program, I Senate the seats reserved for them. on this bill, would urge my colleagues believe there would be an important role for The SPEAKER. The joint session will to support this bill, and I yield back partnerships between public and private orga- come to order. the balance of my time. nizations within the states—such as area The Chair appoints as members of Mr. WHITFIELD. Mr. Speaker, I health education centers—in its implementa- the committee on the part of the House yield myself such time as I may con- tion. to escort the President of the United sume. I urge my colleagues to support H.R. 235, States into the Chamber: I want to thank once again Mr. and I commend the sponsors of this bill for The gentleman from Virginia (Mr. KINZINGER of Illinois and Mrs. CAPPS of their work on this legislation. CANTOR); California for this commonsense legis- The SPEAKER pro tempore. The The gentleman from California (Mr. question is on the motion offered by lation. When you think about young MCCARTHY); men and women serving in the military the gentleman from Kentucky (Mr. The gentlewoman from Washington WHITFIELD) that the House suspend the and Iraq and Afghanistan and respond- (Mrs. MCMORRIS RODGERS); ing to a wide array of emergencies that rules and pass the bill, H.R. 235. The gentleman from Oregon (Mr. they respond to and having visited the The question was taken; and (two- WALDEN); thirds being in the affirmative) the training programs that they have, we The gentleman from Oklahoma (Mr. know that they are well trained. And rules were suspended and the bill was LANKFORD); passed. yet some State licensing laws for EMTs The gentlewoman from Kansas (Ms. vary. Many States do not recognize A motion to reconsider was laid on JENKINS); combat medics and other veterans’ the table. The gentlewoman from North Caro- qualifications as applicable to the li- f lina (Ms. FOXX); censing requirement of the civilian ANNOUNCEMENT BY THE SPEAKER The gentlewoman from California health care system. Some States make PRO TEMPORE (Ms. PELOSI); exceptions for former military medics The gentleman from Maryland (Mr. and allow them reciprocity and a The SPEAKER pro tempore. After HOYER); chance to sit for the licensing exam consultation among the Speaker and The gentleman from South Carolina without going through the usual train- the majority and minority leaders, and (Mr. CLYBURN); ing. But, as I said, many States do not. with their consent, the Chair an- The gentleman from California (Mr. This legislation simply helps stream- nounces that, when the two Houses BECERRA); line State requirements and make al- meet tonight in joint session to hear The gentleman from New York (Mr. lowances for returning veterans to an address by the President of the CROWLEY); enter the EMT workforce without un- United States, only the doors imme- The gentleman from New York (Mr. necessary duplication of their training. diately opposite the Speaker and those ISRAEL); and And we all know the great demand for immediately to his left and right will The gentlewoman from Illinois (Ms. emergency technicians in our society be open. DUCKWORTH). today. No one will be allowed on the floor of the House who does not have the privi- The VICE PRESIDENT. The Presi- b 1440 lege of the floor of the House. Due to dent of the Senate, at the direction of This bill also provides for an annual the large attendance that is antici- that body, appoints the following Sen- report to Congress. It complies with pated, the rule regarding the privilege ators as members of the committee on CutGo because funding of the $1 mil- of the floor must be strictly enforced. the part of the Senate to escort the lion for the program is offset with Children of Members will not be per- President of the United States into the funds from area health education cen- mitted on the floor. The cooperation of House Chamber: ters of the Public Health Service Act. all Members is requested. The Senator from Nevada (Mr. REID); So, I am pleased to support this legis- The practice of purporting to reserve The Senator from Vermont (Mr. lation and urge my colleagues to vote seats prior to the joint session by LEAHY);

VerDate Mar 15 2010 04:33 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.019 H12FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H444 CONGRESSIONAL RECORD — HOUSE February 12, 2013 The Senator from Illinois (Mr. DUR- there is much progress to report. After readiness. They’d devastate priorities BIN); a decade of grinding war, our brave like education and energy and medical The Senator from New York (Mr. men and women in uniform are coming research. They would certainly slow SCHUMER); home. After years of grueling reces- our recovery and cost us hundreds of The Senator from Washington (Mrs. sion, our businesses have created over 6 thousands of jobs. And that’s why MURRAY); million new jobs. We buy more Ameri- Democrats, Republicans, business lead- The Senator from Colorado (Mr. BEN- cans cars than we have in 5 years, and ers and economists have already said NET); less foreign oil than we have in 20. Our that these cuts, known here in Wash- The Senator from Michigan (Ms. STA- housing market is healing, our stock ington as ‘‘the sequester,’’ are a really BENOW); market is rebounding, and consumers, bad idea. The Senator from Alaska (Mr. patients, and homeowners enjoy Now, some in Congress have proposed BEGICH); stronger protections than ever before. preventing only the defense cuts by The Senator from Kentucky (Mr. So together, we have cleared away making even bigger cuts to things like MCCONNELL); the rubble of crisis, and we can say education and job training, Medicare The Senator from Texas (Mr. COR- with renewed confidence that the state and Social Security benefits. NYN); of our Union is stronger. That idea is even worse. Yes, the big- The Senator from South Dakota (Mr. But we gather here knowing that gest driver of our long-term debt is the THUNE); there are millions of Americans whose rising cost of health care for an aging The Senator from Missouri (Mr. hard work and dedication have not yet population. And those of us who care BLUNT); been rewarded. Our economy is adding deeply about programs like Medicare The Senator from Wyoming (Mr. jobs—but too many people still can’t must embrace the need for modest re- BARRASSO); and find full-time employment. Corporate forms, otherwise our retirement pro- The Senator from Kansas (Mr. profits have skyrocketed to all-time grams will crowd out the investments MORAN). highs—but for more than a decade, we need for our children and jeopardize The Deputy Sergeant at Arms an- wages and incomes have barely budged. the promise of a secure retirement for nounced the Dean of the Diplomatic It is our generation’s task, then, to re- future generations. Corps, His Excellency Roble Olhaye, ignite the true engine of America’s But we can’t ask senior citizens and the Ambassador of the Republic of economic growth—a rising, thriving working families to shoulder the entire Djibouti. middle class. burden of deficit reduction while ask- The Dean of the Diplomatic Corps en- It is our unfinished task to restore ing nothing more from the wealthiest tered the Hall of the House of Rep- the basic bargain that built this coun- and the most powerful. We won’t grow resentatives and took the seat reserved try—the idea that if you work hard and the middle class simply by shifting the for him. meet your responsibilities, you can get cost of health care or college onto fam- The Deputy Sergeant at Arms an- ahead, no matter where you come ilies that are already struggling, or by forcing communities to lay off more nounced the Chief Justice of the United from, no matter what you look like, or teachers and more cops and more fire- States and the Associate Justices of whom you love. the Supreme Court. It is our unfinished task to make fighters. Most Americans—Democrats, Repub- The Chief Justice of the United sure that this government works on be- licans and Independents—understand States and the Associate Justices of half of the many, and not just the few; that we can’t just cut our way to pros- the Supreme Court entered the Hall of that it encourages free enterprise, re- perity. They know that broad-based the House of Representatives and took wards individual initiative, and opens the seats reserved for them in front of economic growth requires a balanced the doors of opportunity to every child approach to deficit reduction, with the Speaker’s rostrum. across this great Nation. spending cuts and revenue, and with The Deputy Sergeant at Arms an- The American people don’t expect everybody doing their fair share. And nounced the Cabinet of the President of government to solve every problem. that’s the approach I offer tonight. the United States. They don’t expect those of us in this On Medicare, I’m prepared to enact The members of the Cabinet of the Chamber to agree on every issue. But reforms that will achieve the same President of the United States entered they do expect us to put the Nation’s amount of health care savings by the the Hall of the House of Representa- interests before party. They do expect beginning of the next decade as the re- tives and took the seats reserved for us to forge reasonable compromise forms proposed by the bipartisan Simp- them in front of the Speaker’s rostrum. where we can, for they know that son-Bowles commission. Already, the At 9 o’clock and 9 minutes p.m., the America moves forward only when we Affordable Care Act is helping to slow Sergeant at Arms, the Honorable Paul do so together, and that the responsi- the growth of health care costs. And D. Irving, announced the President of bility of improving this union remains the reforms I’m proposing go even fur- the United States. the task of us all. ther. The President of the United States, Now, our work must begin by making We’ll reduce taxpayer subsidies to escorted by the committee of Senators some basic decisions about our budget, prescription drug companies and ask and Representatives, entered the Hall decisions that will have a huge impact more from the wealthiest seniors. We’ll of the House of Representatives and on the strength of our recovery. bring down costs by changing the way stood at the Clerk’s desk. Over the last few years, both parties our government pays for Medicare, be- (Applause, the Members rising.) have worked together to reduce the cause our medical bills shouldn’t be The SPEAKER. Members of the Con- deficit by more than $2.5 trillion, most- based on the number of tests ordered or gress, I have the high privilege and the ly through spending cuts but also by days spent in the hospital; they should distinct honor of presenting to you the raising tax rates on the wealthiest 1 be based on the quality of care that our President of the United States. percent of Americans. As a result, we seniors receive. (Applause, the Members rising.) are more than halfway towards the And I am open to additional reforms The PRESIDENT. Mr. Speaker, Mr. goal of $4 trillion in deficit reduction from both parties, so long as they don’t Vice President, Members of Congress, that economists say we need to sta- violate the guarantee of a secure re- fellow Americans: bilize our finances. tirement. Our government shouldn’t Fifty-one years ago, John F. Kennedy Now we need to finish the job. And make promises we cannot keep, but we declared to this Chamber that ‘‘the the question is, how? must keep the promises we’ve already Constitution makes us not rivals for In 2011, Congress passed a law saying made. power but partners for progress . . . It that if both parties couldn’t agree on a To hit the rest of our deficit reduc- is my task,’’ he said, ‘‘to report the plan to reach our deficit goal, about a tion target, we should do what leaders State of the Union—to improve it is trillion dollars’ worth of budget cuts in both parties have already suggested the task of us all.’’ would automatically go into effect this and save hundreds of billions of dollars Tonight, thanks to the grit and de- year. These sudden, harsh, arbitrary by getting rid of tax loopholes and de- termination of the American people, cuts would jeopardize our military ductions for the well-off and the well-

VerDate Mar 15 2010 03:53 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.022 H12FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 12, 2013 CONGRESSIONAL RECORD — HOUSE H445 connected. After all, why would we budget framework both parties agreed hottest years on record have all come choose to make deeper cuts to edu- to just 18 months ago. Let me repeat: in the last 15. Heat waves, droughts, cation and Medicare just to protect Nothing I’m proposing tonight should wildfires, floods—all are now more fre- special interest tax breaks? How’s that increase our deficit by a single dime. quent and more intense. We can choose fair? It’s not a bigger government we need to believe that Superstorm Sandy and Why is it that deficit reduction is a but a smarter government that sets the most severe drought in decades and big emergency, justifying making cuts priorities and invests in broad-based the worst wildfires some States have in Social Security benefits but not growth. That’s what we should be look- ever seen were all just a freak coinci- closing some loopholes? How does that ing for. dence or we can choose to believe in promote growth? Our first priority is making America the overwhelming judgment of Now is our best chance for bipar- a magnet for new jobs and manufac- science—and act before it’s too late. tisan, comprehensive tax reform that turing. After shedding jobs for more The good news is we can make mean- encourages job creation and helps bring than 10 years, our manufacturers have ingful progress on this issue while driv- down the deficit. We can get this done. added about 500,000 jobs over the past ing strong economic growth. I urge this The American people deserve a tax three. Caterpillar is bringing jobs back Congress to get together and pursue a code that helps small businesses spend from Japan. Ford is bringing jobs back bipartisan, market-based solution to less time filling out complicated forms from Mexico. And this year, Apple will climate change like the one JOHN and more time expanding and hiring; a start making Macs in America again. MCCAIN and Joe Lieberman worked on tax code that ensures billionaires with There are things we can do right now together a few years ago. But if Con- high-powered accountants can’t work to accelerate this trend. Last year, we gress won’t act soon to protect future the system and pay a lower rate than created our first manufacturing inno- generations, I will. I will direct my their hardworking secretaries; a tax vation institute in Youngstown, Ohio. Cabinet to come up with executive ac- code that lowers incentives to move A once-shuttered warehouse is now a tions we can take now and in the fu- state-of-the-art lab where new workers jobs overseas and lowers tax rates for ture to reduce pollution, prepare our are mastering the 3–D printing that has businesses and manufacturers that are communities for the consequences of the potential to revolutionize the way creating jobs right here in the United climate change, and speed the transi- we make almost everything. There’s no States of America. That’s what tax re- tion to more sustainable sources of en- reason this can’t happen in other form can deliver. That’s what we can ergy. do together. towns. Four years ago, other countries So, tonight, I’m announcing the I realize that tax reform and entitle- dominated the clean energy market launch of three more of these manufac- ment reform will not be easy. The poli- and the jobs that came with it. We’ve turing hubs where businesses will part- tics will be hard for both sides. None of begun to change that. Last year, wind us will get 100 percent of what we want. ner with the Departments of Defense and Energy to turn regions left behind energy added nearly half of all new But the alternative will cost us jobs, by globalization into global centers of power capacity in America, so let’s hurt our economy, visit hardship on high-tech jobs. And I ask this Congress generate even more. Solar energy gets millions of hardworking Americans. So to help create a network of 15 of these cheaper by the year. Let’s drive down let’s set party interests aside and work hubs and guarantee that the next revo- costs even further. As long as countries to pass a budget that replaces reckless lution in manufacturing is made right like China keep going all-in on clean cuts with smart savings and wise in- here in America. We can get that done. energy, so must we. vestments in our future. And let’s do it Now, if we want to make the best In the meantime, the natural gas without the brinksmanship that products, we also have to invest in the boom has led to cleaner power and stresses consumers and scares off in- best ideas. Every dollar we invested to greater energy independence. We need vestors. map the human genome returned $140 to encourage that, and that’s why my The greatest Nation on Earth cannot to our economy—every dollar. Today, administration will keep cutting red keep conducting its business by drift- our scientists are mapping the human tape and speeding up new oil and gas ing from one manufactured crisis to brain to unlock the answers to Alz- permits. That has got to be part of an the next. We can’t do it. Let’s agree heimer’s. They’re developing drugs to all-of-the-above plan. But I also want right here, right now, to keep the peo- regenerate damaged organs. Devising to work with this Congress to encour- ple’s government open and pay our new materials to make batteries 10 age the research and technology that bills on time, and always uphold the times more powerful. Now is not the helps natural gas burn even cleaner full faith and credit of the United time to gut these job-creating invest- and protects our air and our water. States of America. The American peo- ments in science and innovation. Now In fact, much of our newfound energy ple have worked too hard for too long is the time to reach a level of research is drawn from lands and waters that rebuilding from one crisis to see their and development not seen since the we, the public, own together. So, to- elected officials cause another. height of the space race. We need to night, I propose we use some of our oil Now, most of us agree that a plan to make those investments. Today, no and gas revenues to fund an energy se- reduce the deficit must be part of our area holds more promise than our in- curity trust that will drive new re- agenda. But let’s be clear: Deficit re- vestments in American energy. search and technology to shift our cars duction alone is not an economic plan. After years of talking about it, we and trucks off oil for good. If a non- A growing economy that creates good are finally poised to control our own partisan coalition of CEOs and retired middle-class jobs—that must be the energy future. We produce more oil at generals and admirals can get behind North Star that guides our efforts. home than we have in 15 years. We this idea, then so can we. Let’s take Every day, we should ask ourselves have doubled the distance our cars will their advice and free our families and three questions as a Nation: How do we go on a gallon of gas and the amount of businesses from the painful spikes in attract more jobs to our shores? How renewable energy we generate from gas prices we’ve put up with for far too do we equip our people with the skills sources like wind and solar—with tens long. they need to get those jobs? And how of thousands of good American jobs to I’m also issuing a new goal for Amer- do we make sure that hard work leads show for it. We produce more natural ica: Let’s cut in half the energy wasted to a decent living? gas than ever before, and nearly every- by our homes and businesses over the A year and a half ago, I put forward one’s energy bill is lower because of it. next 20 years. We’ll work with the an American Jobs Act that inde- And over the last 4 years, our emis- States to do it. Those States with the pendent economists said would create sions of the dangerous carbon pollution best ideas to create jobs and lower en- more than 1 million new jobs, and I that threatens our planet have actu- ergy bills by constructing more effi- thank the last Congress for passing ally fallen. But for the sake of our chil- cient buildings will receive Federal some of that agenda. I urge this Con- dren and our future, we must do more support to help make that happen. gress to pass the rest. Tonight, I’ll lay to combat climate change. America’s energy sector is just one out additional proposals that are fully Now, it’s true that no single event part of an aging infrastructure badly in paid for and fully consistent with the makes a trend, but the fact is the 12 need of repair. Ask any CEO where

VerDate Mar 15 2010 03:53 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.023 H12FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H446 CONGRESSIONAL RECORD — HOUSE February 12, 2013 they’d rather locate and hire: a coun- poor kids who need help the most, this their part to keep costs down, and it’s try with deteriorating roads and lack of access to preschool education our job to make sure that they do. bridges or one with high-speed rail and can shatter them for the rest of their So tonight, I ask Congress to change Internet, high-tech schools, self-heal- lives. the Higher Education Act so that af- ing power grids? The CEO of Siemens Tonight, I propose working with fordability and value are included in America, a company that brought hun- States to make high-quality preschool determining which colleges receive cer- dreds of new jobs to North Carolina, available to every single child in Amer- tain types of Federal aid. And tomor- said that if we upgrade our infrastruc- ica. That’s something we should be row, my administration will release a ture they’ll bring even more jobs, and able to do. Every dollar we invest in new ‘‘College Scorecard’’ that parents that’s the attitude of a lot of compa- high-quality early childhood education and students can use to compare nies all around the world. And I know can save more than $7 later on by schools based on a simple criteria: you want these job-creating projects in boosting graduation rates, reducing where you can get the most bang for your districts. I’ve seen all those rib- teen pregnancies, even reducing violent your educational buck. bon-cuttings. crime. Now, to grow our middle class, our So, tonight, I propose a ‘‘fix it first’’ In States that make it a priority to citizens have to have access to the edu- program to put people to work as soon educate our youngest children, like cation and training that today’s jobs as possible on our most urgent repairs, Georgia or Oklahoma, studies show require. But we also have to make sure like the nearly 70,000 structurally defi- students grow up more likely to read that America remains a place where cient bridges across the country. And and do math at grade level, graduate everyone who’s willing to work hard to make sure taxpayers don’t shoulder high school, hold a job, and form more has the chance to get ahead. the whole burden, I’m also proposing a stable families of their own. We know Our economy is stronger when we Partnership to Rebuild America that this works. So let’s do what works and harness the talents and ingenuity of attracts private capital to upgrade make sure none of our children start striving, hopeful immigrants; and right what our businesses need most: modern the race of life already behind. Let’s now, leaders from the business, labor, ports to move our goods; modern pipe- give our kids that chance. law enforcement, and faith commu- lines to withstand a storm; modern Let’s also make sure that a high nities all agree that the time has come schools worthy of our children. Let’s school diploma puts our kids on a path to pass comprehensive immigration re- prove there’s no better place to do to a good job. Right now, countries like form. Now is the time to do it. Now is business than here in the United States Germany focus on graduating their the time to get it done. Now is the of America, and let’s start right away. high school students with the equiva- time to get it done. We can get this done. lent of a technical degree from one of Real reform means stronger border Part of our rebuilding effort must our community colleges. So those Ger- security. And we can build on the also involve our housing sector. The man kids, they’re ready for a job when progress my administration has al- good news is our housing market is fi- they graduate high school; they’ve ready made—putting more boots on the nally healing from the collapse of 2007. been trained for the jobs that are southern border than at any time in Home prices are rising at the fastest there. Now, at schools like P-Tech in our history and reducing illegal cross- pace in 6 years. Home purchases are up Brooklyn, a collaboration between New ings to their lowest levels in 40 years. nearly 50 percent, and construction is York Public Schools and City Univer- Real reform means establishing a re- expanding again. But even with mort- sity of New York and IBM, students sponsible pathway to earned citizen- gage rates near a 50-year low, too many will graduate with a high school di- ship—a path that includes passing a families with solid credit who want to ploma and associate’s degree in com- background check, paying taxes and a buy a home are being rejected. Too puters or engineering. We need to give meaningful penalty, learning English, many families who never missed a pay- every American student opportunities and going to the back of the line be- ment and want to refinance are being like this. hind the folks trying to come here le- told no. That’s holding our entire econ- Four years ago, we started Race to gally. And real reform means fixing the omy back, and we need to fix it. the Top—a competition that convinced legal immigration system to cut wait- Right now, there is a bill in this Con- almost every State to develop smarter ing periods and attract the highly gress that would give every responsible curricula and higher standards, all for skilled entrepreneurs and engineers homeowner in America the chance to about 1 percent of what we spend on that will help create jobs and grow our save $3,000 a year by refinancing at to- education each year. Tonight, I’m an- economy. day’s rates. Democrats and Repub- nouncing a new challenge to redesign In other words, we know what needs licans have supported it before. So America’s high schools so they better to be done. As we speak, bipartisan what are we waiting for? Take a vote, equip graduates for the demands of a groups in both Chambers are working and send me that bill. Why would we be high-tech economy. We’ll reward diligently to draft a bill, and I applaud against that? Why would that be a par- schools that develop new partnerships their efforts. Now let’s get this done. tisan issue, having folks refinance? with colleges and employers and create Send me a comprehensive immigration Right now, overlapping regulations classes that focus on science, tech- reform bill in the next few months and keep responsible young families from nology, engineering, and math—the I will sign it right away, and America buying their first home. What’s holding skills today’s employers are looking will be better for it. Let’s get it done. us back? Let’s streamline the process for to fill jobs that are there right now Let’s get it done. and help our economy grow. and will be there in the future. But we can’t stop there. We know our These initiatives in manufacturing, Now, even with better high schools, economy is stronger when our wives, energy, infrastructure, and housing, all most young people will need some our mothers, and our daughters can these things will help entrepreneurs higher education. It’s a simple fact: live their lives free from discrimina- and small business owners expand and The more education you have, the tion in the workplace and free from the create new jobs, but none of it will more likely you are to have a good job fear of domestic violence. Today, the matter unless we also equip our citi- and work your way into the middle Senate passed the Violence Against zens with the skills and training to fill class. But today, skyrocketing costs Women Act that JOE BIDEN originally those jobs. And that has to start at the price too many young people out of a wrote almost 20 years ago, and I now earliest possible age. higher education or saddle them with urge the House to do the same. And I Study after study shows that the unsustainable debt. ask this Congress to declare that sooner a child begins learning, the bet- Through tax credits, grants, and bet- women should earn a living equal to ter he or she does down the road. But ter loans, we have made college more their efforts and finally pass the Pay- today, fewer than three in ten 4-year- affordable for millions of students and check Fairness Act this year. olds are enrolled in a high-quality pre- families over the last few years. But We know our economy is stronger school program. Most middle class par- taxpayers can’t keep on subsidizing when we reward an honest day’s work ents can’t afford a few hundred bucks a higher and higher and higher costs for with honest wages. But today, a full- week for a private preschool. And for higher education. Colleges must do time worker making the minimum

VerDate Mar 15 2010 04:13 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.025 H12FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 12, 2013 CONGRESSIONAL RECORD — HOUSE H447 wage earns $14,500 a year. Even with Tonight, we stand united in saluting firm action in response to these the tax relief we’ve put in place, a fam- the troops and civilians who sacrifice threats. ily with two kids that earns the min- every day to protect us. Because of Likewise, the leaders of Iran must imum wage still lives below the pov- them, we can say with confidence that recognize that now is the time for a erty line. That’s wrong. That’s why, America will complete its mission in diplomatic solution, because a coali- since the last time this Congress raised Afghanistan and achieve our objective tion stands united in demanding that the minimum wage, 19 States have cho- of defeating the core of al Qaeda. Al- they meet their obligations, and we sen to bump theirs even higher. ready, we’ve brought home 33,000 of our will do what is necessary to prevent Tonight, let’s declare that in the brave servicemen and -women. This them from getting a nuclear weapon. wealthiest Nation on Earth, no one spring, our forces will move into a sup- At the same time, we’ll engage Russia who works full-time should have to live port role, while Afghan security forces to seek further reductions in our nu- in poverty, and raise the Federal min- take the lead. Tonight, I can announce clear arsenals, and continue leading imum wage to $9 an hour. We should be that over the next year, another 34,000 the global effort to secure nuclear ma- able to get that done. This single step American troops will come home from terials that could fall into the wrong would raise the incomes of millions of Afghanistan. This drawdown will con- hands—because our ability to influence working families. It could mean the tinue, and by the end of next year, our others depends on our willingness to difference between groceries or the war in Afghanistan will be over. lead and meet our obligations. food bank, rent or eviction, scraping by Beyond 2014, America’s commitment America must also face the rapidly or finally getting ahead. For businesses to a unified and sovereign Afghanistan growing threat from cyberattacks. across the country, it would mean cus- will endure, but the nature of our com- Now, we know hackers steal people’s tomers with more money in their pock- mitment will change. We’re negoti- identities and infiltrate private emails. ets. And a whole lot of folks out there ating an agreement with the Afghan We know foreign countries and compa- would probably need less help from Government that focuses on two mis- nies swipe our corporate secrets. Now government. In fact, working folks sions: training and equipping Afghan our enemies are also seeking the abil- shouldn’t have to wait year after year forces so that the country does not ity to sabotage our power grid, our fi- for the minimum wage to go up while again slip into chaos, and counterter- nancial institutions, our air traffic CEO pay has never been higher. So rorism efforts that allow us to pursue control systems. We cannot look back here’s an idea that Governor Romney the remnants of al Qaeda and their af- years from now and wonder why we did and I actually agreed on last year: filiates. nothing in the face of real threats to Let’s tie the minimum wage to the cost Today, the organization that at- our security and our economy. of living so that it finally becomes a tacked us on 9/11 is a shadow of its That’s why earlier today I signed a wage you can live on. former self. It’s true that different al new executive order that will strength- Tonight, let’s also recognize that Qaeda affiliates and extremist groups en our cyberdefenses by increasing in- there are communities in this country have emerged—from the Arabian Pe- formation-sharing and developing where, no matter how hard you work, ninsula to Africa. The threats these standards to protect our national secu- it’s virtually impossible to get ahead: groups pose is evolving. But to meet rity, our jobs, and our privacy. Now, factory towns decimated from years of this threat, we don’t need to send tens Congress must act as well, by passing plants packing up; inescapable pockets of thousands of our sons and daughters legislation to give our government a of poverty, urban and rural, where abroad or occupy other nations. In- greater capacity to secure our net- young adults are still fighting for their stead, we’ll need to help countries like works and deter attacks. This is some- first job. America is not a place where Yemen, Libya, and Somalia provide for thing we should be able to get done on chance of birth or circumstance should their own security, and help allies who a bipartisan basis. decide our destiny, and that’s why we take the fight to terrorists, as we have Even as we protect our people, we need to build new ladders of oppor- in Mali. And, where necessary, through should remember that today’s world tunity into the middle class for all who a range of capabilities, we will con- presents not just dangers, not just are willing to climb them. tinue to take direct action against threats, but it presents opportunities. Let’s offer incentives to companies those terrorists who pose the gravest To boost American exports, support that hire Americans who’ve got what it threat to Americans. American jobs, and level the playing takes to fill that job opening but who As we do, we must enlist our values field in the growing markets of Asia, have been out of work for so long that in the fight. That’s why my adminis- we intend to complete negotiations on no one will give them a chance any- tration has worked tirelessly to forge a a transpacific partnership. Tonight, more. Let’s put people back to work re- durable legal and policy framework to I’m announcing that we will launch building vacant homes in run-down guide our counterterrorism operations. talks on a comprehensive transatlantic neighborhoods. And this year, my ad- Throughout, we have kept Congress trade and investment partnership with ministration will begin to partner with fully informed of our efforts. I recog- the European Union because trade that 20 of the hardest-hit towns in America nize that in our democracy, no one is fair and free across the Atlantic sup- to get these communities back on their should just take my word for it that ports millions of good-paying Amer- feet. Now, we’ll work with local leaders we’re doing things the right way. So, in ican jobs. to target resources at public safety, the months ahead, I will continue to We also know that progress in the education, and housing. We’ll give new engage Congress to ensure not only most impoverished parts of our world tax credits to businesses that hire and that our targeting, detention, and pros- enriches us all. Not only because it cre- invest, and we’ll work to strengthen ecution of terrorists remains con- ates new markets, more stable order in families by removing the financial de- sistent with our laws and system of certain regions of the world, but also terrents to marriage for low-income checks and balances, but that our ef- because it’s the right thing to do. In couples, and doing more to encourage forts are even more transparent to the many places, people live on little more fatherhood—because what makes you a American people and to the world. than a dollar a day. So the United man isn’t the ability to conceive a Of course, our challenges don’t end States will join with our allies to child, but having the courage to raise with al Qaeda. America will continue eradicate such extreme poverty in the one. And we want to encourage that. to lead the effort to prevent the spread next two decades by connecting more We want to help that. of the world’s most dangerous weapons. people through the global economy; by Stronger families. Stronger commu- The regime in North Korea must know empowering women; by giving our nities. A stronger America. It is this they will only achieve security and young and brightest minds new oppor- kind of prosperity—broad, shared, and prosperity by meeting their inter- tunities to serve and helping commu- built on a thriving middle class—that national obligations. Provocations of nities to feed and power and educate has always been the source of our the sort we saw last night will only themselves; by saving the world’s chil- progress at home. It’s also the founda- further isolate them, as we stand by dren from preventible deaths; and by tion of our power and influence our allies, strengthen our own missile realizing the promise of an AIDS-free throughout the world. defense, and lead the world in taking generation, which is within our reach.

VerDate Mar 15 2010 04:13 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.026 H12FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H448 CONGRESSIONAL RECORD — HOUSE February 12, 2013 You see, America must remain a bea- to improve the voting experience in our ideals through the hard, often frus- con to all who seek freedom during this America, and it definitely needs im- trating, but absolutely necessary work period of historic change. I saw the provement. I’m asking two longtime of self-government. power of hope last year in Rangoon, in experts in the field, who by the way re- We were sent here to look out for our Burma, when Aung San Suu Kyi wel- cently served as the top attorneys for fellow Americans the same way they comed an American President into the my campaign and for Governor Rom- look out for one another every single home where she had been imprisoned ney’s campaign, to lead it. We can fix day, usually without fanfare, all across for years; when thousands of Burmese this, and we will. The American people this country. We should follow their lined the streets waving American demand it, and so does our democracy. example. flags, including a man who said, Of course, what I’ve said tonight We should follow the example of a ‘‘There is justice and law in the United matters little if we don’t come to- New York City nurse named Menchu States. I want our country to be like gether to protect our most precious re- Sanchez. When Hurricane Sandy that.’’ source, our children. plunged her hospital into darkness, she In defense of freedom, we’ll remain It has been 2 months since Newtown. wasn’t thinking about how her own the anchor of strong alliances from the I know this is not the first time this home was faring. Her mind was on the Americas to Africa, from Europe to country has debated how to reduce gun 20 precious newborns in her care and Asia. In the Middle East, we will stand violence. But this time is different. the rescue plan she devised that kept with citizens as they demand their uni- Overwhelming majorities of Ameri- them all safe. versal rights and support stable transi- cans, Americans who believe in the We should follow the example of a tions to democracy. We know the proc- Second Amendment, have come to- north Miami woman named Desiline ess will be messy, and we cannot pre- gether around commonsense reform, Victor. When Desiline arrived at her sume to dictate the course of change in like background checks, that will polling place, she was told the wait to countries like Egypt. But we can and make it harder for criminals to get vote might be 6 hours. As time ticked will insist on respect for the funda- their hands on a gun. Senators of both by, her concern was not with her tired mental rights of all people. We’ll keep parties are working together on tough body or aching feet, but whether folks the pressure on a Syrian regime that new laws to prevent anyone from buy- like her would get to have their say. has murdered its own people and sup- ing guns for resale to criminals. Police Hour after hour, a throng of people port opposition leaders that respect the chiefs are asking for our help to get stayed in line to support her—because rights of every Syrian. And we will weapons of war and massive ammuni- Desiline is 102 years old—and they stand steadfast with Israel in pursuit tion magazines off our streets because erupted in cheers when she finally put of security and a lasting peace. These these police chiefs, they’re tired of see- on a sticker that read, ‘‘I voted.’’ are the messages I’ll deliver when I ing their guys and gals being We should follow the example of a po- travel to the Middle East next month. outgunned. lice officer named Brian Murphy. When All this work depends on the courage Each of these proposals deserves a a gunman opened fire on a Sikh temple and sacrifice of those who serve in dan- vote in Congress. If you want to vote in Wisconsin and Brian was the first to gerous places at great personal risk: ‘‘no,’’ that’s your choice. But these arrive, he did not consider his own our diplomats, our intelligence offi- proposals deserve a vote. Because in safety. He fought back until help ar- cers, and the men and women of the the 2 months since Newtown, more rived, and ordered his fellow officers to United States Armed Forces. As long than 1,000 birthdays, graduations, and protect the safety of the fellow Ameri- as I’m Commander in Chief, we will do anniversaries have been stolen from cans worshipping inside—even as he lay whatever we must to protect those who our lives by a bullet from a gun. More bleeding from 12 bullet wounds. serve their country abroad, and we will than 1,000. And when asked how he did that, maintain the best military the world One of those we lost was a young girl Brian said, ‘‘That’s just the way we’re has ever known. We’ll invest in new ca- named Hadiya Pendleton. She was 15 made.’’ pabilities, even as we reduce waste and years old. She loved Fig Newtons and That’s just the way we’re made. wartime spending. We will ensure equal lip gloss. She was a majorette. She was We may do different jobs and wear treatment for all servicemembers and so good to her friends, they all thought different uniforms and hold different equal benefits for their families, gay they were her best friend. Just 3 weeks views than the person beside us, but as and straight. We will draw upon the ago, she was here, in Washington, with Americans, we all share the same courage and skills of our sisters, her classmates, performing for her proud title: We are citizens. daughters, and moms, because women country at my inauguration—and, a It’s a word that doesn’t just describe have proven under fire that they are week later, she was shot and killed in our nationality or our legal status. It ready for combat. We will keep faith a Chicago park after school, just a mile describes the way we’re made. It de- with our veterans, investing in world- away from my house. scribes what we believe. It captures the class care, including mental health Hadiya’s parents, Nate and Cleo, are enduring idea that this country only care, for our wounded warriors; sup- in this Chamber tonight along with works when we accept certain obliga- porting our military families; and giv- more than two dozen Americans whose tions to one another and to future gen- ing our veterans the benefits, edu- lives have been torn apart by gun vio- erations; that our rights are wrapped cation, and job opportunities that they lence. They deserve a vote. up in the rights of others; and that well have earned. And I want to thank my Gabby Giffords deserves a vote. into our third century as a Nation, it wife Michelle and Dr. Jill Biden for The families of Newtown deserve a remains the task of us all, as citizens their continued dedication to serving vote. of these United States, to be the au- our military families as well as they The families of Aurora deserve a thors of the next great chapter of our have served us. Thank you, honey. vote. American story. Thank you, Jill. The families of Oak Creek and Tuc- Thank you. God bless you, and God Defending our freedom, though, is son and Blacksburg and the countless bless the United States of America. not just the job of our military alone. other communities ripped open by gun (Applause, the Members rising.) We must all do our part to make sure violence—they deserve a simple vote. At 10 o’clock and 17 minutes p.m., our God-given rights are protected here They deserve a simple vote. the President of the United States, ac- at home. That includes one of the most Our actions will not prevent every companied by the committee of escort, fundamental rights of a democracy: the senseless act of violence in this coun- retired from the Hall of the House of right to vote. When any Americans—no try. In fact, no laws, no initiatives, no Representatives. matter where they live or what their administrative acts will perfectly solve The Deputy Sergeant at Arms es- party—are denied that right because all of the challenges I’ve outlined to- corted the invited guests from the they can’t afford to wait for 5, 6, or 7 night. But we were never sent here to Chamber in the following order: hours just to cast their ballot, we are be perfect. We were sent here to make The members of the President’s Cabi- betraying our ideals. So tonight I’m what difference we can—to secure this net; the Chief Justice of the United announcing a nonpartisan commission Nation, expand opportunity, uphold States and the Associate Justices of

VerDate Mar 15 2010 04:13 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K12FE7.027 H12FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 12, 2013 CONGRESSIONAL RECORD — HOUSE H449 the Supreme Court; the Dean of the mittee their written request to the Chair for Subcommittee on Higher Education and Work- Diplomatic Corps. that special meeting. Immediately upon the force Training.—Education and training be- The SPEAKER. The Chair declares filing of the request, the staff director of the yond the high school level including, but not the joint session of the two Houses now Committee shall notify the Chair of the fil- limited to, higher education generally, post- ing of the request. If, within three calendar secondary student assistance and employ- dissolved. days after the filing of the request, the Chair ment services, and the Higher Education Accordingly, at 10 o’clock and 24 does not call the requested special meeting Act; Title IX of the Education Amendments minutes p.m., the joint session of the to be held within seven calendar days after of 1972; all domestic volunteer programs; all two Houses was dissolved. the filing of the request, a majority of the programs related to the arts and humanities, The Members of the Senate retired to members of the Committee may file in the museum and library services, and arts and their Chamber. offices of the Committee their written notice artifacts indemnity; postsecondary career that a special meeting of the Committee will and technical education, apprenticeship pro- f be held, specifying the date and hour thereof, grams, and job training including the Work- and the measure or matter to be considered force Investment Act, vocational rehabilita- MESSAGE OF THE PRESIDENT RE- tion, and training programs from immigra- FERRED TO THE COMMITTEE OF at that special meeting. Immediately upon the filing of the notice, the staff director of tion funding; science and technology pro- THE WHOLE HOUSE ON THE the Committee shall notify all members of grams; adult basic education (family lit- STATE OF THE UNION the Committee that such meeting will be eracy); all welfare reform programs includ- Mr. CANTOR. Mr. Speaker, I move held and inform them of its date and hour ing work incentive programs and welfare-to- and the measure or matter to be considered. work requirements; poverty programs in- that the message of the President be cluding the Community Services Block referred to the Committee of the Whole Such notice shall also be made publicly available in electronic form and shall satisfy Grant Act and the Low Income Home Energy House on the state of the Union and or- the notice requirements in clause (g)(3)(A)(ii) Assistance Program (LIHEAP); the Native dered printed. of Rule XI of the Rules of the House of Rep- American Programs Act; the Institute of The motion was agreed to. resentatives. The Committee shall meet on Peace; and all matters dealing with pro- grams and services for the elderly including f that date and hour and only the measure or matter specified in that notice may be con- nutrition programs and the Older Americans COMMUNICATION FROM THE sidered at that special meeting. Act. Subcommittee on Workforce Protections.— CLERK OF THE HOUSE (d) Legislative meetings of the Committee and its subcommittees shall be open to the Wages and hours of workers including, but The SPEAKER pro tempore laid be- public, including radio, television, and still not limited to, the Davis-Bacon Act, the fore the House the following commu- photography coverage, unless such meetings Walsh-Healey Act, the Service Contract Act, nication from the Clerk of the House of are closed pursuant to the requirements of and the Fair Labor Standards Act; workers’ compensation including the Federal Employ- Representatives: the Rules of the House of Representatives. ees’ Compensation Act, the Longshore and No business meeting of the Committee, other OFFICE OF THE CLERK, Harbor Workers’ Compensation Act, and the than regularly scheduled meetings, may be HOUSE OF REPRESENTATIVES, Black Lung Benefits Act; the Migrant and held without each member being given rea- Washington, DC, February 12, 2013. Seasonal Agricultural Worker Protection sonable notice. Hon. JOHN A. BOEHNER, Act; the Family and Medical Leave Act; the (e) The Chair of the Committee or of a sub- The Speaker, House of Representatives, Worker Adjustment and Retraining Notifica- committee, as appropriate, shall preside at Washington, DC. tion Act; the Employee Polygraph Protec- meetings or hearings. In the absence of the DEAR MR. SPEAKER: Pursuant to the per- tion Act of 1988; trade and immigration Chair of the Committee or of a sub- mission granted in Clause 2(h) of Rule II of issues as they impact employers and work- committee, members shall preside as pro- the Rules of the U.S. House of Representa- ers; workers’ safety and health including, vided in clause 2(d) of Rule XI of the Rules of tives, the Clerk received the following mes- but not limited to, occupational safety and the House of Representatives. No person sage from the Secretary of the Senate on health, mine safety and health, and migrant February 12, 2013 at 4:27 p.m.: other than a Member of Congress or Congres- and agricultural worker safety and health; That the Senate passed S. 47. sional staff may walk in, stand in, or be seat- and all matters related to equal employment Appointments: ed at the rostrum area during a meeting or opportunity and civil rights in employment. Commission on Long-Term Care. hearing of the Committee or subcommittee Subcommittee on Health, Employment, Labor, With best wishes, I am unless authorized by the Chair. and Pensions.—All matters dealing with rela- Sincerely, RULE 2. STANDING SUBCOMMITTEES AND JURISDICTION tionships between employers and employees KAREN L. HAAS. (a) There shall be four standing sub- including, but not limited to, the National Labor Relations Act, the Labor-Management f committees. In addition to conducting over- sight in the area of their respective jurisdic- Relations Act, and the Labor-Management PUBLICATION OF COMMITTEE tions as required in clause 2 of Rule X of the Reporting and Disclosure Act; the Bureau of RULES Rules of the House of Representatives, each Labor Statistics; and employment-related subcommittee shall have the following juris- health and retirement security including RULES OF THE COMMITTEE ON EDUCATION AND diction: pension, health, and other employee benefits THE WORKFORCE FOR THE 113TH CONGRESS Subcommittee on Early Childhood, Elemen- and the Employee Retirement Income Secu- Mr. KLINE. Mr. Speaker, I submit for publi- tary, and Secondary Education.—Education rity Act (ERISA). cation the attached copy of the rules of the from early learning through the high school (b) The majority party members of the level including, but not limited to, elemen- Committee may provide for such temporary, Committee on Education and the Workforce ad hoc subcommittees as determined to be for the U.S. House of Rerpresentatives for the tary and secondary education, special edu- cation, homeless education, and migrant appropriate. 113th Congress: education; overseas dependent schools; ca- RULE 3. EX OFFICIO MEMBERSHIP RULE 1. REGULAR, ADDITIONAL, AND SPECIAL MEETINGS reer and technical education; school safety The Chair of the Committee and the rank- (a) Regular meetings of the Committee and alcohol and drug abuse prevention; ing minority party member shall be ex offi- shall be held on the second Wednesday of school lunch and child nutrition programs; cio members, but not voting members, of each month at 10:00 a.m., while the House is educational research and improvement in- each subcommittee to which such Chair or in session. The Committee shall meet for the cluding the Institute of Education Sciences; ranking minority party member has not consideration of a bill or resolution pending environmental education; pre-service and in- been assigned. before the Committee or the transaction of service teacher professional development in- RULE 4. SUBCOMMITTEE SCHEDULING other committee business on regular meet- cluding Title II of the Elementary and Sec- (a) Subcommittee chair shall set meeting ing days fixed by the Committee if notice is ondary Education Act and Title II of the or hearing dates after consultation with the given in accordance with paragraph (g)(3) of Higher Education Act; early care and edu- Chair and other subcommittee chair with a Rule XI of the Rules of the House of Rep- cation programs including the Head Start view toward avoiding simultaneous sched- resentatives. Act and the Child Care and Development uling of Committee and subcommittee meet- (b) The Chair may call and convene, as he Block Grant Act; adolescent development ings or hearings, wherever possible. No such or she considers necessary, additional meet- and training programs including, but not meetings or hearings, however, shall be held ings of the Committee for the consideration limited to, those providing for the care and outside of Washington, D.C., or during a re- of any bill or resolution pending before the treatment of certain at-risk youth including cess or adjournment of the House of Rep- Committee or for the conduct of other Com- the Juvenile Justice and Delinquency Pre- resentatives without the prior authorization mittee business. vention Act and the Runaway and Homeless of the Committee Chair. Where practicable, (c) If at least three members of the Com- Youth Act; and all matters dealing with 14 days’ notice will be given of such meeting mittee desire that a special meeting of the child abuse and domestic violence including or hearing. Committee be called by the Chair, those the Child Abuse Prevention and Treatment (b) Available dates for subcommittee meet- members may file in the offices of the Com- Act and child adoption. ings during the session shall be assigned by

VerDate Mar 15 2010 04:13 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\K12FE7.029 H12FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H450 CONGRESSIONAL RECORD — HOUSE February 12, 2013 the Chair to the subcommittees as nearly as limit their oral presentation to a summary notify in writing all members of the Com- practicable in rotation and in accordance thereof. The staff director of the Committee mittee of the issuance of the subpoena. with their workloads. As far as practicable, shall promptly furnish to the staff director RULE 10. DEPOSITION PROCEDURE the Chair shall not schedule simultaneous of the minority a copy of such testimony (a) In accordance with the Committee re- subcommittee markups, a subcommittee submitted to the Committee pursuant to this ceiving authorization by the House of Rep- markup during a full Committee markup, or rule. resentatives for the taking of depositions in any hearing during a markup. (e) When any hearing is conducted by the furtherance of a Committee investigation, Committee or any subcommittee upon any RULE 5. SUBCOMMITTEE RULES the Chair, upon consultation with the rank- measure or matter, the minority party mem- The rules of the Committee shall be the ing minority member, may order the taking bers on the Committee shall be entitled, rules of its subcommittees. of depositions pursuant to notice or sub- upon request to the Chair by a majority of poena as contemplated by this rule. RULE 6. SPECIAL ASSIGNMENT OF MEMBERS those minority party members before the (b) The Chair or majority staff shall con- To facilitate the oversight and other legis- completion of such hearing, to call witnesses sult with the ranking minority member or lative and investigative activities of the selected by the minority to testify with re- minority staff no less than three business Committee, the Chair of the Committee spect to that measure or matter during at days before any notice or subpoena for a dep- may, at the request of a subcommittee chair, least one day of hearing thereon. The minor- osition is issued. After such consultation, all make a temporary assignment of any mem- ity party may waive this right by calling at members shall receive written notice that a ber of the Committee to such subcommittee least one witness during a Committee hear- notice or subpoena for a deposition will be for the purpose of constituting a quorum and ing or subcommittee hearing. issued. of enabling such member to participate in (f) In the conduct of hearings of sub- (c) A notice or subpoena issued under this any public hearing, investigation, or study committees sitting jointly, the rules other- rule shall specify the date, time, and place of by such subcommittee to be held outside of wise applicable to all subcommittees shall the deposition and the method or methods by Washington, D.C. Any member of the Com- likewise apply to joint subcommittee hear- which the deposition will be recorded. Prior mittee may attend public hearings of any ings for purposes of such shared consider- to testifying, a deponent shall be provided subcommittee and any member of the Com- ation. with a copy of the Committee’s rules, the mittee may question witnesses only when RULE 8. QUESTIONING OF HEARING WITNESSES House Resolution authorizing the taking of they have been recognized by the Chair for (a) Subject to clauses (b), (c), and (d), a the deposition, and Rule X of the Rules of that purpose. Committee member may question hearing the House of Representatives. RULE 7. HEARING PROCEDURE witnesses only when the member has been (d)(1) A deposition shall be conducted by (a) The Chair, in the case of hearings to be recognized by the Chair for that purpose, and one or more members or Committee counsel conducted by the Committee, and the appro- only for a 5–minute period until all members as designated by the Chair or ranking minor- priate subcommittee chair, in the case of present have had an opportunity to question ity member. hearings to be conducted by a subcommittee, a witness. The questioning of witnesses in (2) A deposition shall be taken under oath shall make public announcement of the date, both Committee and subcommittee hearings or affirmation administered by a member or place, and subject matter of any hearing to shall be initiated by the Chair, followed by a person otherwise authorized to administer be conducted on any measure or matter at the ranking minority party member and all oaths and affirmations. least one week before the commencement of other members alternating between the ma- (3) A deposition shall be, unless waived by that hearing unless the Chair of the Com- jority and minority party. The Chair shall the deponent, attended by a member of the mittee, with the concurrence of the ranking exercise discretion in determining the order Committee. minority member, determines that there is in which members will be recognized. In rec- (e) A deponent may be accompanied at a good cause to begin such hearing at an ear- ognizing members to question witnesses in deposition by counsel to advise the deponent lier date or the Committee so determines by this fashion, the Chair shall take into con- of the deponent’s rights. Only members and majority vote in the presence of the number sideration the ratio of the majority to mi- Committee counsel, however, may examine of members required under the rules of the nority party members present and shall es- the deponent. No one may be present at a Committee for the transaction of business. tablish the order of recognition for ques- deposition other than members, Committee In the latter event, the Chair or the sub- tioning in such a manner as not to place the staff designated by the Chair or ranking mi- committee chair, as the case may be, shall members of the majority party in a disad- nority member, such individuals as may be have such an announcement promptly pub- vantageous position. required to administer the oath or affirma- lished in the Daily Digest and made publicly (b) The Chair may permit a specified num- tion and transcribe or record the pro- available in electronic form. To the extent ber of members to question a witness for ceedings, the deponent, and the deponent’s practicable, the Chair or the subcommittee longer than five minutes. The time for ex- counsel (including personal counsel and chair shall make public announcement of the tended questioning of a witness under this counsel for the entity employing the depo- final list of witnesses scheduled to testify at clause shall be equal for the majority party nent if the scope of the deposition is ex- least 48 hours before the commencement of and the minority party and may not exceed pected to cover actions taken as part of the the hearing. The staff director of the Com- one hour in the aggregate. deponent’s employment). Observers or coun- mittee shall promptly notify the Daily Di- (c) The Chair may permit Committee staff sel for other persons or entities may not at- gest Clerk of the Congressional Record as for the majority and the minority party tend. soon as practicable after such public an- members to question a witness for equal (f)(1) Unless the majority, minority, and nouncement is made. specified periods. The time for extended deponent agree otherwise, questions in a dep- (b) Subcommittees are authorized to hold questioning of a witness under this clause osition shall be propounded in rounds, alter- hearings, receive exhibits, hear witnesses, shall be equal for the majority party and the nating between the majority and minority. A and report to the Committee for final action, minority party and may not exceed one hour single round shall not exceed 60 minutes per together with such recommendations as may in the aggregate. side, unless the members or counsel con- be agreed upon by the subcommittee. (d) In an investigative hearing or in an ex- ducting the deposition agree to a different (c) All opening statements at hearings con- ecutive session, the Chair’s authority to ex- length of questioning. In each round, a mem- ducted by the Committee or any sub- tend questioning under subsection (b) and (c) ber or Committee counsel designated by the committee will be made part of the perma- of this rule shall be equal for the majority Chair shall ask questions first, and the mem- nent written record. Opening statements by and the minority party and may not exceed ber or Committee counsel designated by the members may not be presented orally, unless one hour in the aggregate, and shall only be ranking minority member shall ask ques- the Chair of the Committee or any sub- conducted by counsel for the majority and tions second. committee determines that one statement the minority party when authorized under (2) Any objection made during a deposition from the Chair or a designee will be pre- subsection (c) of this rule. must be stated concisely and in a non-argu- sented, in which case the ranking minority RULE 9. SUBPOENA AUTHORITY mentative and non-suggestive manner. Depo- party member or a designee may also make The power to authorize and issue sub- nent may refuse to answer a question only to a statement. If a witness scheduled to testify poenas is delegated to the Chair of the full preserve a privilege. When the deponent has at any hearing of the Committee or any sub- Committee, as provided for under clause objected and refused to answer a question to committee is a constituent of a member of 2(m)(3)(A)(i) of Rule XI of the Rules of the preserve a privilege, the Chair may rule on the Committee or subcommittee, such mem- House of Representatives. The Chair shall any such objection after the deposition has ber shall be entitled to briefly introduce notify the ranking minority member prior to adjourned. If the Chair overrules any such such witness at the hearing. issuing any subpoena under such authority. objection and thereby orders a deponent to (d) To the extent practicable, witnesses To the extent practicable, the Chair shall answer any question to which a privilege ob- who are to appear before the Committee or a consult with the ranking minority member jection was lodged, such ruling shall be filed subcommittee shall file with the staff direc- at least 24 hours in advance of a subpoena with the clerk of the Committee and shall be tor of the Committee, at least 48 hours in ad- being issued under such authority, excluding provided to members and the deponent no vance of their appearance, a written state- Saturdays, Sundays, and federal holidays. As less than three days before the ruling is en- ment of their proposed testimony, together soon as practicable after issuing any sub- forced at a reconvened deposition. If a mem- with a brief summary thereof, and shall poena under such authority, the Chair shall ber of the Committee appeals in writing the

VerDate Mar 15 2010 04:13 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.005 H12FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 12, 2013 CONGRESSIONAL RECORD — HOUSE H451 ruling of the Chair, the appeal shall be pre- written notification of such proposed referral mittee or subcommittee for inspection by served for Committee consideration. A depo- to all subcommittee chairs, at which time the public at reasonable times in the offices nent who refuses to answer a question after such proposed referral shall be made unless of the Committee or subcommittee and shall being directed to answer by the Chair in one or more subcommittee chair shall have be made available on the Committee’s writing may be subject to sanction, except given written notice to the Chair of the full website within 48 hours of such record vote. that no sanctions may be imposed if the rul- Committee and to the chair of each sub- Information so available for public inspec- ing of the Chair is reversed on appeal. In all committee that he or she intends to question tion and on the Committee’s website shall cases, when deposition testimony for which such proposed referral at the next regularly include a description of the amendment, mo- an objection has been made is offered for ad- scheduled meeting of the Committee, or at a tion, order, or other proposition; the name of mission in evidence before the Committee, special meeting of the Committee called for each member voting for and each member all properly lodged objections then made that purpose, at which time referral shall be voting against such amendment, motion, shall be timely and shall be considered by made by the majority members of the Com- order, or proposition; and the names of those the Committee prior to admission in evi- mittee. All bills shall be referred under this members present but not voting. The text of dence before the Committee. rule to the subcommittee of proper jurisdic- an amendment offered to a measure or mat- (g) Deposition testimony shall be tran- tion without regard to whether the author is ter considered in Committee shall be made scribed by stenographic means and may also or is not a member of the subcommittee. publicly available in electronic form not be video recorded. The clerk of the Com- Upon a majority vote of the Committee, a later than 24 hours after its final disposition mittee shall receive the transcript and any bill, resolution, or other matter referred to a in Committee. A record vote may be de- video recording and promptly forward such subcommittee in accordance with this rule manded by one-fifth of the members present to minority staff at the same time the clerk may be recalled at any time for the Commit- or, in the apparent absence of a quorum, by distributes such to other majority staff. tee’s direct consideration or for reference to any one member. (h) The individual administering the oath another subcommittee. (b) In accordance with Rule VII of the shall certify on the transcript that the depo- (c) The Chair shall announce the date, Rules of the House of Representatives, any nent was duly sworn. The transcriber shall place, and subject matter of a Committee official permanent record of the Committee certify that the transcript is a true, ver- meeting, which may not commence earlier (including any record of a legislative, over- batim record of the testimony, and the tran- than the third day on which members have sight, or other activity of the Committee or script and any exhibits shall be filed, as shall notice thereof; but this requirement may be any subcommittee) shall be made available any video recording, with the clerk of the waived if the Chair of the Committee, with for public use if such record has been in ex- Committee. In no case shall any video re- the concurrence of the ranking minority istence for 30 years, except that—— (1) any record that the Committee (or a cording be considered the official transcript member, determines that there is good cause subcommittee) makes available for public of a deposition or otherwise supersede the or the Committee so determines by majority use before such record is delivered to the Ar- certified written transcript. vote in the presence of the number of mem- chivist under clause 2 of Rule VII of the (i) After receiving the transcript, majority bers required under the rules of the Com- Rules of the House of Representatives shall staff shall make available the transcript for mittee for the transaction of such business. be made available immediately, including review by the deponent or deponent’s coun- (d) When a bill or resolution is being con- any record described in subsection (a) of this sel. No later than ten business days there- sidered by the Committee or a sub- after, the deponent may submit suggested Rule; committee, members shall provide the clerk (2) any investigative record that contains changes to the Chair. Committee majority in a timely manner a sufficient number of personal data relating to a specific living in- staff may direct the clerk of the Committee written copies of any amendment offered, so dividual (the disclosure of which would be an to note any typographical errors, including as to enable each member present to receive unwarranted invasion of personal privacy), any requested by the deponent or minority a copy thereof prior to taking action. A any administrative record with respect to staff, via an errata sheet appended to the point of order may be made against any personnel, and any record with respect to a transcript. Any proposed substantive amendment not reduced to writing. A copy hearing closed pursuant to clause 2(g)(2) of changes, modifications, clarifications, or of each such amendment shall be maintained Rule XI of the Rules of the House of Rep- amendments to the deposition testimony in the public records of the Committee or resentatives shall be available if such record must be submitted by the deponent as an af- subcommittee, as the case may be. has been in existence for 50 years; or fidavit that includes the deponent’s reasons (e) In determining the order in which (3) except as otherwise provided by order of therefor. Any substantive changes, modifica- amendments to a matter pending before the the House of Representatives, any record of tions, clarifications, or amendments shall be Committee or a subcommittee will be con- the Committee for which a time, schedule, or included as an appendix to the transcript, a sidered, the Chair may give priority to: condition for availability is specified by copy of which shall be promptly forwarded to (1) The Chair’s mark, and order of the Committee (entered during the minority staff. (2) Amendments, otherwise in order, that Congress in which the record is made or ac- (j) The Chair and ranking minority mem- have been filed with the Committee at least quired by the Committee) shall be made ber shall consult regarding the release of 24 hours prior to the Committee or sub- available in accordance with the order of the deposition transcript or electronic record- committee business meeting on said measure Committee. ings. If either objects in writing to a pro- or matter. (c) The official permanent records of the posed release of a deposition transcript or RULE 13. VOTES Committee include noncurrent records of the electronic recording or a portion thereof, the (a) With respect to each roll call vote on a Committee (including subcommittees) deliv- matter shall be promptly referred to the motion to report any bill, resolution, or mat- ered by the Clerk of the House of Represent- Committee for resolution. ter of a public character, and on any amend- atives to the Archivist of the United States RULE 11. QUORUMS ment offered thereto, the total number of for preservation at the National Archives One-third of the members of the Com- votes cast for and against, and the names of and Records Administration, which are the mittee or subcommittee shall constitute a those members voting for and against, shall property of and remain subject to the rules quorum for taking any action other than be included in the Committee report on the and orders of the House of Representatives. amending Committee rules, closing a meet- measure or matter. (d)(1) Any order of the Committee with re- ing from the public, reporting a measure or (b) In accordance with clause 2(h) of Rule spect to any matter described in paragraph recommendation, or in the case of the Com- XI of the Rules of the House of Representa- (2) of this subsection shall be adopted only if mittee or a subcommittee authorizing a sub- tives, the Chair of the Committee or a sub- the notice requirements of Committee Rule poena. For the enumerated actions, a major- committee is authorized to postpone further 12(c) have been met, a quorum consisting of ity of the Committee or subcommittee shall proceedings when a record vote is ordered on a majority of the members of the Committee constitute a quorum. Any two members shall the question of approving a measure or mat- is present at the time of the vote, and a ma- constitute a quorum for the purpose of tak- ter or on adopting an amendment. Such jority of those present and voting approve ing testimony and receiving evidence. Chair may resume proceedings on a post- the adoption of the order, which shall be sub- poned request at any time after reasonable mitted to the Clerk of the House of Rep- RULE 12. REFERRAL OF BILLS, RESOLUTIONS, resentatives, together with any accom- AND OTHER MATTERS notice. When proceedings resume on a post- poned question, notwithstanding any inter- panying report. (a) The Chair shall consult with sub- (2) This subsection applies to any order of vening order for the previous question, an committee chair regarding referral to the the Committee which—— underlying proposition shall remain subject appropriate subcommittees of such bills, res- (A) provides for the non-availability of any to further debate or amendment to the same olutions, and other matters that have been record subject to subsection (b) of this rule extent as when the question was postponed. referred to the Committee. Once copies of a for a period longer than the period otherwise bill, resolution, or other matter are avail- RULE 14. RECORDS AND ROLLCALLS applicable; or able to the Committee, the Chair shall, with- (a) Written records shall be kept of the (B) is subsequent to, and constitutes a in three weeks of such availability, provide proceedings of the Committee and of each later order under clause 4(b) of Rule VII of notice of referral, if any, to the appropriate subcommittee, including a record of the the Rules of the House of Representatives, subcommittee. votes on any question on which a roll call is regarding a determination of the Clerk of the (b) Referral to a subcommittee shall not be demanded. The result of each such roll call House of Representatives with respect to au- made until three days have elapsed after vote shall be made available by the Com- thorizing the Archivist of the United States

VerDate Mar 15 2010 04:13 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.007 H12FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H452 CONGRESSIONAL RECORD — HOUSE February 12, 2013 to make available for public use the records essary steps to bring such bill, resolution, or (1) Whenever a hearing or meeting con- delivered to the Archivist under clause 2 of matter to a vote. ducted by the Committee or any sub- Rule VII of the Rules of the House of Rep- (1) In any event, the report, described in committee is open to the public, those pro- resentatives; or the proviso in subsection (c)(2) of this rule, ceedings shall be open to coverage by tele- (C) specifies a time, schedule, or condition of any subcommittee on a measure which has vision, radio, and still photography subject for availability pursuant to subsection (b)(3) been approved by the subcommittee shall be to the requirements of clause 4 of Rule XI of of this Rule. filed within seven calendar days (exclusive of the Rules of the House of Representatives days on which the House is not in session) RULE 15. REPORTS and except when the hearing or meeting is after the day on which there has been filed (a) Reports of the Committee. All Com- closed pursuant to the Rules of the House of with the staff director of the Committee a Representatives and of the Committee. The mittee reports on bills or resolutions shall written request, signed by a majority of the comply with the provisions of clause 2 of coverage of any hearing or meeting of the members of the subcommittee, for the re- Committee or any subcommittee thereof by Rule XI and clauses 2, 3, and 4 of Rule XIII porting of that measure. Upon the filing of of the Rules of the House of Representatives. television, radio, or still photography shall any such request, the staff director of the be under the direct supervision of the Chair (1) No such report shall be filed until cop- Committee shall transmit immediately to ies of the proposed report have been avail- of the Committee, the subcommittee chair, the chair of the subcommittee a notice of the or other member of the Committee presiding able to all members at least 36 hours prior to filing of that request. such filing in the House of Representatives. at such hearing or meeting and may be ter- (2) Bills, resolutions, or other matters fa- minated by such member in accordance with No material change shall be made in the re- vorably reported by a subcommittee shall port distributed to members unless agreed to the Rules of the House of Representatives. automatically be placed upon the agenda of (2) Personnel providing coverage by the by the ranking minority member; but any the Committee as of the time they are re- member or members of the Committee may television and radio media shall be then cur- ported. No bill or resolution or other matter rently accredited to the Radio and Tele- file, as part of the printed report, individual, reported by a subcommittee shall be consid- minority, or dissenting views, without re- vision Correspondents’ Galleries. ered by the full Committee unless it has been (3) Personnel providing coverage by still gard to the preceding provisions of this rule. delivered or electronically sent to all mem- photography shall be then accredited to the (2) Such 36-hour period shall not conclude bers and notice of its prior transmission has earlier than the end of the period provided Press Photographers’ Gallery. been in the hands of all members at least 48 (b) Audio and Video Coverage of Com- under clause 4 of Rule XIII of the Rules of hours prior to such consideration. A member mittee Hearings and Meetings.—To the max- the House of Representatives after the Com- of the Committee shall receive, upon his or imum extent practicable, the Committee mittee approves a measure or matter if a her request, a paper copy of such bill, resolu- shall provide audio and video coverage of member, at the time of such approval, gives tion, or other matter reported. When a bill is each hearing or meeting for the transaction notice of intention to file supplemental, mi- reported from a subcommittee, such measure of business in a manner that allows the pub- nority, or additional views for inclusion as shall be accompanied by a section-by-section lic to easily listen to and view the pro- part of the printed report. analysis; and, if the Chair of the Committee ceedings and shall maintain the recordings (3) To the extent practicable, any report so requires (in response to a request from the prepared pursuant to a Committee or sub- of such coverage in a manner that is easily ranking minority member of the Committee accessible to the public. Such coverage shall committee study or investigation shall be or for other reasons), a comparison showing available to members no later than 48 hours be fair and nonpartisan in accordance with proposed changes in existing law. clause 4(b) of Rule XI of the Rules of the prior to consideration of any such report by RULE 16. APPOINTMENT OF CONFEREES, NOTICE the Committee or subcommittee, as the case House of Representatives and other applica- OF CONFERENCE MEETINGS, AND CONFERENCE ble rules of the House of Representatives and may be. MOTION (b) Disclaimers. of the Committee. Personnel providing such (a) Whenever in the legislative process it (1) A report on activities of the Committee coverage shall be employees of the House of becomes necessary to appoint conferees, the required under clause 1 of Rule XI of the Representatives or currently accredited to Chair shall recommend to the Speaker as Rules of the House of Representatives shall the Radio and Television Correspondents’ conferees the names of those members of the include the following disclaimer in the docu- Galleries. subcommittee which handled the legislation ment transmitting the report to the Clerk of RULE 19. COMMITTEE STAFF in the order of their seniority upon such sub- the House of Representatives: (a) The employees of the Committee shall committee and such other Committee mem- This report has not been officially adopted be appointed by the Chair in consultation bers as the Chair may designate with the ap- by the Committee on Education and the with subcommittee chair and other majority proval of the majority party members. Rec- Workforce or any subcommittee thereof and party members of the Committee within the ommendations of the Chair to the Speaker therefore may not necessarily reflect the budget approved for such purposes by the shall provide a ratio of majority party mem- views of its members. Committee. bers to minority party members no less fa- Such disclaimer need not be included if the (b) The staff appointed by the minority vorable to the majority party than the ratio report was circulated to all members of the shall have their remuneration determined in of majority members to minority party Committee at least 7 days prior to its sub- such manner as the minority party members members on the full Committee. In making mission to the House of Representatives and of the Committee shall determine within the assignments of minority party members as provision is made for the filing by any mem- budget approved for such purposes by the conferees, the Chair shall consult with the ber, as part of the printed report, of indi- Committee. ranking minority party member of the Com- vidual, minority, or dissenting views. mittee. RULE 20. SUPERVISION AND DUTIES OF (2) All Committee or subcommittee reports (b) After the appointment of conferees pur- COMMITTEE STAFF printed pursuant to legislative study or in- suant to clause 11 of Rule I of the Rules of The staff of the Committee shall be under vestigation and not approved by a majority the House of Representatives for matters the general supervision and direction of the vote of the Committee or subcommittee, as within the jurisdiction of the Committee, Chair, who shall establish and assign the du- appropriate, shall contain the following dis- the Chair shall notify all members appointed ties and responsibilities of such staff mem- claimer on the cover of such report: to the conference of meetings at least 48 bers and delegate authority as he or she de- This report has not been officially adopted hours before the commencement of the meet- termines appropriate. The staff appointed by by the Committee on Education and the ing. If such notice is not possible, then no- the minority shall be under the general su- Workforce (or pertinent subcommittee there- tice shall be given as soon as possible. pervision and direction of the minority party of) and therefore may not necessarily reflect (c) The Chair is directed to offer a motion members of the Committee, who may dele- the views of its members. under clause 1 of Rule XXII of the Rules of gate such authority as they determine ap- The minority party members of the Com- the House of Representatives whenever the propriate. All Committee staff shall be as- mittee or subcommittee shall have three cal- Chair considers it appropriate. signed to Committee business and no other endar days, excluding weekends and holi- RULE 17. MEASURES TO BE CONSIDERED UNDER duties may be assigned to them. days, to file, as part of the printed report, SUSPENSION supplemental, minority, or additional views. RULE 21. AUTHORIZATION FOR TRAVEL (c) Reports of Subcommittees. Whenever a A member of the Committee may not seek (a) Consistent with the primary expense subcommittee has ordered a bill, resolution, to suspend the Rules of the House of Rep- resolution and such additional expense reso- or other matter to be reported to the Com- resentatives on any bill, resolution, or other lutions as may have been approved, the pro- mittee, the chair of the subcommittee re- matter which has been modified after such visions of this rule shall govern travel of porting the bill, resolution, or matter to the measure is ordered reported, unless notice of Committee members and staff. Travel to be Committee, or any member authorized by such action has been given to the Chair and paid from funds set aside for the full Com- the subcommittee to do so, may report such ranking minority member of the full Com- mittee for any member or any staff member bill, resolution, or matter to the Committee. mittee. shall be paid only upon the prior authoriza- It shall be the duty of the chair of the sub- RULE 18. BROADCASTING OF COMMITTEE tion of the Chair. Travel may be authorized committee to report or cause to be reported HEARINGS AND MEETINGS by the Chair for any member and any staff promptly such bill, resolution, or matter, (a) Television, Radio and Still Photog- member in connection with the attendance and to take or cause to be taken the nec- raphy.—— of hearings conducted by the Committee or

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Before nority party membership, the Chair shall in- the Committee on Financial Services. such authorization is given, there shall be clude amounts budgeted to the minority 248. A letter from the Chairman and Presi- submitted to the Chair in writing the fol- party members for staff personnel to be dent, Export-Import Bank, transmitting a lowing: under the direction and supervision of the report on transactions involving U.S. exports (1) The purpose of the travel; minority party, travel expenses of minority to Cargolux Airlines International S.A. of (2) The dates during which the travel is to party members and staff, and minority party Findel, Luxemburg pursuant to Section be made and the date or dates of the event office expenses. All travel expenses of minor- 2(b)(3) of the Export-Import Bank Act of 1945, for which the travel is being made; ity party members and staff shall be paid for as amended; to the Committee on Financial (3) The location of the event for which the out of the amounts so set aside and budg- Services. travel is to be made; and eted. The Chair shall take whatever action is 249. A letter from the Chairman and Presi- (4) The names of members and staff seek- necessary to have the budget as finally ap- dent, Export-Import Bank, transmitting a ing authorization. (b)(1) In the case of travel proved by the Committee duly authorized by report on transactions involving U.S. exports outside the United States of members and the House of Representatives. After such to Turk Hava Yollari, A.O. of Istanbul, Tur- staff of the Committee for the purpose of budget shall have been adopted, no change key pursuant to Section 2(b)(3) of the Ex- conducting hearings, investigations, studies, shall be made in such budget unless approved port-Import Bank Act of 1945, as amended; to or attending meetings and conferences in- by the Committee. The Chair or the chair of the Committee on Financial Services. volving activities or subject matter under any standing subcommittee may initiate 250. A letter from the Inspector General, the legislative assignment of the Committee necessary travel requests as provided in Federal Deposit Insurance Corporation, or pertinent subcommittees, prior authoriza- Committee Rule 21 within the limits of their transmitting a report entitled, ‘‘Comprehen- tion must be obtained from the Chair, or, in portion of the consolidated budget as ap- sive Study on the Impact of the Failure of the case of a subcommittee, from the sub- proved by the House, and the Chair may exe- Insured Depository Institutions’’; to the committee chair and the Chair. Before such cute necessary vouchers therefor. Committee on Financial Services. authorization is given, there shall be sub- (b) Subject to the Rules of the House of 251. A letter from the General Counsel, mitted to the Chair, in writing, a request for Representatives and procedures prescribed Federal Housing Finance Agency, transmit- such authorization. Each request, which by the Committee on House Administration, ting the Agency’s final rule — Appraisals for shall be filed in a manner that allows for a and with the prior authorization of the Chair Higher-Priced Mortgage Loans (RIN: 2590- reasonable period of time for review before of the Committee in each case, there may be AA58) received January 28, 2013, pursuant to such travel is scheduled to begin, shall in- expended in any one session of Congress for 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- clude the following: necessary travel expenses of witnesses at- nancial Services. (A) The purpose of travel; tending hearings in Washington, D.C.: 252. A letter from the Director, Regula- (B) The dates during which the travel will (1) Out of funds budgeted and set aside for tions Policy and Management Staff, Depart- occur; each subcommittee, not to exceed $5,000 for ment of Health and Human Services, trans- (C) The names of the countries to be vis- expenses of witnesses attending hearings of mitting the Department’s final rule — Cur- ited and the length of time to be spent in each such subcommittee; rent Good Manufacturing Practice Require- each; (2) Out of funds budgeted for the full Com- ments for Combination Products [Docket (D) an agenda of anticipated activities for mittee majority, not to exceed $5,000 for ex- No.: FDA-2009-N-0435] received January 29, each country for which travel is authorized penses of witnesses attending full Committee 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the together with a description of the purpose to hearings; and Committee on Energy and Commerce. be served and the areas of Committee juris- (3) Out of funds set aside to the minority 253. A letter from the Chief of Staff, Media diction involved; and party members, (A) Not to exceed, for each Bureau, Federal Communications Commis- (E) The names of members and staff for of the subcommittees, $5,000 for expenses of sion, transmitting the Commission’s final whom authorization is sought. witnesses attending subcommittee hearings, rule — Amendment of Section 73.202(b), (2) Requests for travel outside the United and (B) Not to exceed $5,000 for expenses of Table of Allotments, FM Broadcast Stations States may be initiated by the Chair or the witnesses attending full Committee hear- (Hebbronville, Texas) [MB Docket No.: 11-38] chair of a subcommittee (except that indi- ings. (RM-11621) received January 22, 2013, pursu- viduals may submit a request to the Chair (c) A full and detailed monthly report ac- ant to 5 U.S.C. 801(a)(1)(A); to the Committee for the purpose of attending a conference or counting for all expenditures of Committee on Energy and Commerce. meeting) and shall be limited to members funds shall be maintained in the Committee 254. A letter from the Chief, Broadband Di- and permanent employees of the Committee. office, where it shall be available to each vision, Wireless Communications Bureau, (3) The Chair shall not approve a request member of the Committee. Such report shall Federal Communications Commission, trans- involving travel outside the United States show the amount and purpose of each ex- mitting the Commission’s final rule — Serv- while the House is in session (except in the penditure, and the budget to which such ex- ice Rules for Advanced Wireless Services in case of attendance at meetings and con- penditure is attributed. the 2000-2020 MHz and 2180-2200 MHz Bands; ferences or where circumstances warrant an RULE 23. CHANGES IN COMMITTEE RULES Fixed and Mobile Services in the Mobile Sat- exception). The Committee shall not consider a pro- ellite Service Bands at 1525-1559 MHz and (4) At the conclusion of any hearing, inves- posed change in these rules unless the text of 1626.5-1660.5 MHz, 1610-1626.5 MHz and 2483.5- tigation, study, meeting, or conference for such change has been delivered or electroni- 2500 MHz and 2000-2020 MHz and 2180-2200 which travel outside the United States has cally sent to all members and notice of its MHz; Service Rules for Advanced Wireless been authorized pursuant to this rule, each prior transmission has been in the hands of Services in the 1915-1920, MHz, 1995-2000 MHz, subcommittee (or members and staff attend- all members at least 48 hours prior to such 2020-2025 MHz and 2175-2180 MHz Bands [WT ing meetings or conferences) shall submit a consideration; a member of the Committee Docket No.: 12-70] [ET Docket No.: 10-142] written report to the Chair covering the ac- shall receive, upon his or her request, a [WT Docket No.: 04-356] received January 28, tivities of the subcommittee and containing paper copy of the proposed change. 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the the results of these activities and other per- Committee on Energy and Commerce. tinent observations or information gained as f 255. A letter from the Deputy Division a result of such travel. ADJOURNMENT Chief, Pricing Policy Division, Wireline (c) Members and staff of the Committee Mr. CANTOR. Mr. Speaker, I move Competition Bureau, Federal Communica- performing authorized travel on official busi- tions Commission, transmitting the Com- ness shall be governed by applicable laws, that the House do now adjourn. mission’s final rule — Special Access for resolutions, or regulations of the House of The motion was agreed to; accord- Price Cap Local Exchange Carriers; AT&T Representatives and of the Committee on ingly (at 10 o’clock and 25 minutes Corporation Petition for Rulemaking to Re- House Administration pertaining to such p.m.), under its previous order, the form Regulation of Incumbent Local Ex- travel, including rules, procedures, and limi- House adjourned until tomorrow, change Carrier Rates for Interstate Special tations prescribed by the Committee on Wednesday, February 13, 2013, at 10 Access Services [WC Docket No.: 05-25] (RM- House Administration with respect to do- a.m. for morning-hour debate. 10593) received January 28, 2013, pursuant to mestic and foreign expense allowances. 5 U.S.C. 801(a)(1)(A); to the Committee on (d) Prior to the Chair’s authorization for f Energy and Commerce. any travel, the ranking minority party mem- 256. A letter from the Deputy Bureau Chief, ber shall be given a copy of the written re- EXECUTIVE COMMUNICATIONS, ETC. Wireline Competition Bureau, Federal Com- quest therefor. munications Commission, transmitting the RULE 22. BUDGET AND EXPENSES Under clause 2 of rule XIV, executive Commission’s final rule — Rural Health Care (a) The Chair, in consultation with the ma- communications were taken from the Support Mechanism [WC Docket No.: 02-60] jority party members of the Committee, Speaker’s table and referred as follows: received January 28, 2013, pursuant to 5

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U.S.C. 801(a)(1)(A); to the Committee on En- CONYERS, Ms. PINGREE of Maine, Ms. to provide delinquency prevention and de- ergy and Commerce. NORTON, Ms. MCCOLLUM, Mr. DEFA- fault aversion services for borrowers and po- 257. A letter from the Chief of Staff, Wire- ZIO, Ms. SLAUGHTER, Mr. NADLER, Ms. tential borrowers of Federal Direct Loans less Telecommunications Bureau, Federal DELAURO, Mr. MORAN, Mr. GRIJALVA, under the Higher Education Act of 1965, and Communications Commission, transmitting Mr. POLIS, Ms. TSONGAS, Mr. LAN- for other purposes; to the Committee on the Commission’s final rule — Amendment of GEVIN, Ms. LEE of California, Mr. Education and the Workforce. the Commission’s Rules Concerning Com- QUIGLEY, Mr. CICILLINE, Ms. SPEIER, By Mr. NADLER: mercial Radio Operators [WT Docket No.: 10- Mr. VAN HOLLEN, Mr. MCGOVERN, Mr. H.R. 619. A bill to amend title 18, United 177] received January 28, 2013, pursuant to 5 WELCH, Mr. CONNOLLY, Mr. HONDA, States Code, to place limitations on the pos- U.S.C. 801(a)(1)(A); to the Committee on En- Mrs. CAPPS, and Mr. WAXMAN): session, sale, and other disposition of a fire- ergy and Commerce. H.R. 609. A bill to amend the Internal Rev- arm by persons convicted of misdemeanor 258. A letter from the Director, Office of enue Code of 1986 to repeal fossil fuel sub- sex offenses against children; to the Com- Congressional Affairs, Nuclear Regulatory sidies for large oil companies; to the Com- mittee on the Judiciary. Commission, transmitting the Commission’s mittee on Ways and Means. By Ms. NORTON: final rule — Dispositioning Boiling Water By Mr. SMITH of New Jersey (for him- H.R. 620. A bill to designate the Rachel Reactor Licensee Noncompliance with Tech- self, Mr. WOLF, Mr. GIBSON, and Mr. Carson Nature Trail, and for other purposes; nical Specification Containment Require- PETERSON): to the Committee on Natural Resources. ments During Operations with a Potential H.R. 610. A bill to provide for the establish- By Mr. POE of Texas (for himself, Mr. for Draining the Reactor Vessel [EGM 11-003, ment of the Tick-Borne Diseases Advisory CONAWAY, Mr. GOHMERT, Mr. LATTA, Revision 1] received January 22, 2013, pursu- Committee; to the Committee on Energy and Mr. DUNCAN of South Carolina, and ant to 5 U.S.C. 801(a)(1)(A); to the Committee Commerce. Mrs. BLACK): on Energy and Commerce. By Mr. SMITH of New Jersey (for him- H.R. 621. A bill to prohibit funding for the 259. A letter from the Director, Office of self, Mr. WOLF, Mr. GIBSON, and Mr. Environmental Protection Agency to be used Congressional Affairs, Nuclear Regulatory PETERSON): to implement or enforce a cap-and-trade pro- Commission, transmitting the Commission’s H.R. 611. A bill to provide for the expansion gram for greenhouse gases, and for other final rule — Dispositioning Violations of Nu- of Federal efforts concerning the prevention, purposes; to the Committee on Energy and clear Regulatory Commission Requirements education, treatment, and research activities Commerce. Implementing the Decommissioning Plan- related to Lyme and other tick-borne dis- By Mr. SABLAN (for himself, Mr. ning Rule [EGM-12-002] received January 22, eases, including the establishment of a Tick- HOLT, Mr. PIERLUISI, Ms. BORDALLO, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the Borne Diseases Advisory Committee; to the Mr. YOUNG of Alaska, Mr. GRIJALVA, Committee on Energy and Commerce. Committee on Energy and Commerce. Mr. FALEOMAVAEGA, and Mr. HONDA): 260. A letter from the Director, Office of By Mr. MICHAUD (for himself, Mr. H.R. 622. A bill to direct the Secretary of Congressional Affairs, Nuclear Regulatory RIBBLE, Mr. WALZ, Mr. SIMPSON, Mr. the Interior to develop, maintain, and ad- Commission, transmitting the Commission’s SCHRADER, and Mr. YOUNG of Alaska): minister an annex in Tinian, Commonwealth final rule — Interim Staff Guidance Japan H.R. 612. A bill to amend title 23, United of the Northern Mariana Islands, as an ex- Lessons-Learned Project Directorate Guid- States Code, with respect to vehicle weight tension of the American Memorial Park lo- ance for Performing a Tsunami, Surge, or limitations applicable to the Interstate Sys- cated in Saipan, and for other purposes; to Seiche Hazard Assessment [JLD-ISG-2012-06] tem, and for other purposes; to the Com- the Committee on Natural Resources. received January 22, 2013, pursuant to 5 mittee on Transportation and Infrastruc- By Mr. YOUNG of Alaska: U.S.C. 801(a)(1)(A); to the Committee on En- ture, and in addition to the Committee on H.R. 623. A bill to provide for the convey- ergy and Commerce. Ways and Means, for a period to be subse- ance of certain property located in Anchor- 261. A letter from the Director, Defense Se- quently determined by the Speaker, in each age, Alaska, from the United States to the curity Cooperation Agency, transmitting the case for consideration of such provisions as Alaska Native Tribal Health Consortium; to Agency’s reports containing the September fall within the jurisdiction of the committee the Committee on Natural Resources, and in 30, 2012, status of loans and guarantees issued concerned. addition to the Committee on Energy and under Section 25(a)(11) of the Arms Export By Mr. CAMPBELL: Commerce, for a period to be subsequently Control Act; to the Committee on Foreign H.R. 613. A bill to establish a market-based determined by the Speaker, in each case for Affairs. trigger to determine the capital adequacy of consideration of such provisions as fall with- 262. A letter from the Special Inspector bank holding companies and decrease sys- in the jurisdiction of the committee con- General for Afghanistan Reconstruction, temic risk, and for other purposes; to the cerned. transmitting the eighteenth quarterly report Committee on Financial Services. By Mr. BARR (for himself and Mr. on the Afghanistan Reconstruction; to the By Mr. FATTAH: MCKINLEY): Committee on Foreign Affairs. H.R. 614. A bill to establish the Commis- H.J. Res. 26. A joint resolution proposing 263. A letter from the Federal Co-Chair, sion on American Discoveries and American an amendment to the Constitution of the Appalachian Regional Commission, trans- Jobs to study and recommend improvements United States to limit the number of con- mitting the Commission’s semiannual report to the Federal funding of research; to the secutive terms that a Member of Congress from the office of the Inspector General for Committee on Science, Space, and Tech- may serve; to the Committee on the Judici- the period April 1, 2012 through September nology. ary. 30, 2012; to the Committee on Oversight and By Mr. HONDA (for himself, Mr. By Mr. AL GREEN of Texas (for him- Government Reform. CICILLINE, Mr. CONYERS, Mr. GRI- self, Ms. BASS, Mrs. BEATTY, Mr. 264. A letter from the Director of Congres- JALVA, and Mr. MICHAUD): BISHOP of Georgia, Ms. BROWN of sional Affairs, Central Intelligence Agency, H.R. 615. A bill to amend the Internal Rev- Florida, Mr. CARSON of Indiana, Ms. transmitting a report pursuant to the Fed- enue Code of 1986 to provide market-based CLARKE, Mr. CLAY, Mr. CLEAVER, Mr. eral Vacancies Reform Act of 1998; to the manufacturing incentives, and for other pur- CLYBURN, Mr. CONYERS, Mr. CUM- Committee on Oversight and Government poses; to the Committee on Ways and Means. MINGS, Mr. DANNY K. DAVIS of Illi- Reform. By Mr. HONDA (for himself and Mr. nois, Ms. EDWARDS, Ms. FUDGE, Mr. 265. A letter from the Attorney-Advisor, CARNEY): HASTINGS of Florida, Mr. HINOJOSA, Department of Transportation, transmitting H.R. 616. A bill to amend the Internal Rev- Mr. HONDA, Ms. JACKSON LEE, Mr. a report pursuant to the Federal Vacancies enue Code of 1986 to allow a credit against JEFFRIES, Ms. EDDIE BERNICE JOHN- Reform Act of 1998; to the Committee on tax for qualified manufacturing facility con- SON of Texas, Mr. JOHNSON of Geor- Oversight and Government Reform. struction costs; to the Committee on Ways gia, Ms. LEE of California, Mr. LEWIS, 266. A letter from the Secretary of the and Means. Mr. MEEKS, Ms. MOORE, Ms. NORTON, Board of Governors, Postal Service, trans- By Mr. MCKINLEY (for himself, Mr. Mr. PASTOR of Arizona, Mr. PAYNE, mitting the Service’s report, as required by RAHALL, and Mrs. CAPITO): Mr. RANGEL, Mr. RICHMOND, Mr. Section 3686(c) of the Postal Accountability H.R. 617. A bill to designate the Federal RUSH, Mr. DAVID SCOTT of Georgia, and Enhancement Act of 2006; to the Com- Building and United States Courthouse lo- Mr. SCOTT of Virginia, Ms. SEWELL of mittee on Oversight and Government Re- cated at 1125 Chapline Street in Wheeling, Alabama, Mr. THOMPSON of Mis- form. West Virginia, as the ‘‘Frederick P. Stamp, sissippi, Mr. VEASEY, Ms. WATERS, f Jr. Federal Building and United States Mr. WATT, Ms. WILSON of Florida, and Courthouse’’; to the Committee on Transpor- Mr. BUTTERFIELD): PUBLIC BILLS AND RESOLUTIONS tation and Infrastructure. H. Con. Res. 12. Concurrent resolution hon- Under clause 2 of rule XII, public By Mr. MICHAUD (for himself, Mr. oring and praising the National Association bills and resolutions of the following PRICE of North Carolina, Ms. for the Advancement of Colored People on BORDALLO, and Ms. PINGREE of titles were introduced and severally re- the occasion of its 104th anniversary; to the Maine): Committee on the Judiciary. ferred, as follows: H.R. 618. A bill to authorize the Secretary By Mr. SMITH of New Jersey: By Mr. BLUMENAUER (for himself, of Education to enter into voluntary, flexible H. Res. 62. A resolution expressing the Mr. MARKEY, Ms. SCHAKOWSKY, Mr. agreements with certain guaranty agencies sense of the House of Representatives that

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the Secretary of State should seek to amend section 8 of article I of the Constitution. H.R. 183: Mr. RUNYAN, Mr. PIERLUISI, Mr. Article 22 of the Statute of the International By Mr. HONDA: CONNOLLY, Mr. LOBIONDO, Mr. LANCE, Mr. Court of Justice to move the seat of the H.R. 616. HASTINGS of Florida, Ms. NORTON, Mr. Court from the Netherlands; to the Com- Congress has the power to enact this legis- LOEBSACK, Mr. SCHIFF, Mr. HANNA, Mr. WHIT- mittee on Foreign Affairs. lation pursuant to the following: FIELD, Mr. HIMES, Mr. CICILLINE, and Mrs. By Mr. ANDREWS: section 8 of article I of the Constitution. MCCARTHY of New York. H. Res. 63. A resolution expressing support By Mr. MCKINLEY: H.R. 191: Mr. JONES. for designation of the first Saturday in Octo- H.R. 617. H.R. 194: Ms. SHEA-PORTER. ber as ‘‘National Animal Rescue Day/Wins- Congress has the power to enact this legis- H.R. 207: Mr. ROSS and Mr. LATHAM. low’s Day’’ to create awareness, educate hu- lation pursuant to the following: H.R. 233: Mr. MCGOVERN and Mr. ELLISON. mans of the importance of adoption, and cre- Article IV, Section 3, Clause 2 and Article H.R. 239: Mr. CHAFFETZ. ate a humane environment for any pet, in- 1, Section 8, Clause 17 of the Constitution. H.R. 241: Mr. WITTMAN. cluding the importance of spaying and By Mr. MICHAUD: H.R. 262: Mr. BACHUS and Ms. LEE of Cali- neutering of animals, and the encourage- H.R. 618. fornia. ment of animal adoptions throughout the Congress has the power to enact this legis- H.R. 273: Mr. POSEY, Mr. SAM JOHNSON of United States; to the Committee on Over- lation pursuant to the following: Texas, Mr. BENISHEK, Mrs. HARTZLER, Mr. sight and Government Reform. Article I, Section 8 of the United States NUNNELEE, Mr. GRIFFIN of Arkansas, and Mr. Constitution. WOMACK. f By Mr. NADLER: H.R. 282: Ms. FOXX and Mr. WALDEN. CONSTITUTIONAL AUTHORITY H.R. 619. H.R. 283: Ms. HERRERA BEUTLER and Mr. STATEMENT Congress has the power to enact this legis- ROKITA. lation pursuant to the following: H.R. 288: Mr. PASTOR of Arizona and Mr. Pursuant to clause 7 of rule XII of clauses 3 and 18 of section 8 of article I of MORAN. the Rules of the House of Representa- the Constitution. H.R. 300: Mrs. DAVIS of California and Mr. tives, the following statements are sub- By Ms. NORTON: GOHMERT. mitted regarding the specific powers H.R. 620. H.R. 301: Mr. PITTENGER. granted to Congress in the Constitu- Congress has the power to enact this legis- H.R. 317: Mr. MCCLINTOCK. tion to enact the accompanying bill or lation pursuant to the following: H.R. 321: Ms. BASS, Mr. VARGAS, Mr. COHEN, Mr. CARSON of Indiana, and Mrs. NEGRETE joint resolution. clause 2 of section 3 of article IV of the Constitution. MCLEOD. By Mr. BLUMENAUER: By Mr. POE of Texas: H.R. 322: Mr. HALL and Mr. OWENS. H.R. 609. H.R. 621. H.R. 324: Mrs. NEGRETE MCLEOD. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 334: Mrs. BLACK, Mr. FRANKS of Ari- lation pursuant to the following: lation pursuant to the following: zona, and Mr. CRAMER. The Constitution of the United States pro- Clause 1, Section 7, of Article 1 of the H.R. 335: Mr. AL GREEN of Texas, Ms. vides clear authority for Congress to pass United States Constitution. BROWNLEY of California, Ms. MOORE, Mr. legislation regarding income taxes. Article I Clause 7, Section 9, of Article 1 of the MURPHY of Florida, Mr. RENACCI, and Mr. of the Constitution, in detailing Congres- United States Constitution. PALAZZO. sional authority, provides that ‘‘Congress By Mr. SABLAN: H.R. 341: Mr. SARBANES and Mr. COHEN. shall have Power to lay and collect Taxes H.R. 622. H.R. 348: Ms. LEE of California, Mr. GRI- . . .’’ (Section 8, Clause 1). Further clarifying Congress has the power to enact this legis- JALVA, Mr. ELLISON, and Ms. LINDA T. Congressional power to enact an income tax, lation pursuant to the following: SA´ NCHEZ of California. voters amended the Constitution by popular Under Article I, section 8, clause 3 and Ar- H.R. 351: Mr. GOODLATTE, Mr. SESSIONS, vote to provide that ‘‘Congress shall have ticle IV, section 3, clause 2 of the Constitu- and Mr. YOUNG of Indiana. power to lay and collect taxes on incomes, tion. H.R. 360: Mrs. CAROLYN B. MALONEY of New from whatever source derived. . . .’’ (Six- By Mr. YOUNG of Alaska: York, Mr. BECERRA, Mr. COHEN, Ms. BASS, teenth Amendment). H.R. 623. Mr. VELA, and Mrs. NEGRETE MCLEOD. By Mr. SMITH of New Jersey: Congress has the power to enact this legis- H.R. 367: Mr. RIGELL, Mr. DIAZ-BALART, and H.R. 610. lation pursuant to the following: Mrs. WALORSKI. Congress has the power to enact this legis- Article IV, Section 3, Clause 2 and Article H.R. 376: Mr. VARGAS, Mr. HOLT, Mr. POLIS, lation pursuant to the following: 1, Section 8, Clause 3. and Ms. NORTON. The constitutional authority on which this By Mr. BARR: H.R. 463: Mr. JONES and Mr. WESTMORE- bill is based is Congress’s power under Arti- H.J. Res. 26. LAND. cle I, Section 8, Clause I of the Constitution. Congress has the power to enact this legis- H.R. 482: Mr. DEUTCH. By Mr. SMITH of New Jersey: lation pursuant to the following: H.R. 485: Ms. KAPTUR, Ms. SHEA-PORTER, H.R. 611. The constitutional authority for this bill is and Mr. HASTINGS of Florida. Congress has the power to enact this legis- stated in Article V of the U.S. Constitution, H.R. 492: Mr. HUIZENGA of Michigan. lation pursuant to the following: which establishes the method for enacting H.R. 494: Mr. LEWIS, Mr. THOMPSON of The constitutional authority on which this amendments to the Constitution. Pennsylvania, Mr. RANGEL, and Mr. COFF- bill is based is Congress’s power under Arti- MAN. f cle I, Section 8, Clause I of the Constitution. H.R. 496: Mrs. BLACK, Mr. TIBERI, and Ms. By Mr. MICHAUD: ADDITIONAL SPONSORS BORDALLO. H.R. 612. Under clause 7 of rule XII, sponsors H.R. 497: Mr. BUCSHON. Congress has the power to enact this legis- H.R. 503: Mr. CARSON of Indiana and Mr. lation pursuant to the following: were added to public bills and resolu- CRAMER. The power granted to Congress under Arti- tions as follows: H.R. 507: Mr. FRANKS of Arizona and Mr. cle I, Section 8, Clause 3 of the Constitution. H.R. 11: Mr. WALZ, Mr. GUTIERREZ, Mr. AN- GOSAR. By Mr. CAMPBELL: DREWS, Mr. BUTTERFIELD, Mr. RAHALL, Mr. H.R. 520: Mr. VARGAS, Mr. BUTTERFIELD, H.R. 613. BISHOP of Georgia, Mr. THOMPSON of Mis- Mr. CARSON of Indiana, and Ms. MCCOLLUM. Congress has the power to enact this legis- sissippi, Mr. PERLMUTTER, Mr. VEASEY, Mr. H.R. 523: Mr. MCCLINTOCK, Mr. BILIRAKIS, lation pursuant to the following: THOMPSON of California, Mr. BECERRA, Mr. Mrs. MCCARTHY of New York, Mr. REED, Mr. Clause 3 of section 8 of article I of the Con- GALLEGO, and Mr. NEAL. HALL, Mr. CRAMER, and Mr. MEADOWS. stitution of the United States. H.R. 22: Mr. COBLE. H.R. 543: Mr. GUTIERREZ, Mr. CARSON of In- Mr. FATTAH: H.R. 25: Mr. YOHO. diana, Mr. OWENS, Mr. AL GREEN of Texas, H.R. 614. H.R. 61: Mr. GOWDY and Mr. DESJARLAIS. Mr. HIGGINS, Mr. CONNOLLY, and Mr. JONES. Congress has the power to enact this legis- H.R. 69: Mr. HUFFMAN and Mrs. CAPPS. H.R. 544: Mrs. MCMORRIS RODGERS. lation pursuant to the following: H.R. 71: Mrs. CAPPS. H.R. 555: Mr. THORNBERRY. The Congress shall have Power to lay and H.R. 111: Mr. FATTAH, Mr. GUTIERREZ, Ms. H.R. 557: Mr. HUIZENGA of Michigan, Mr. collect Taxes, Duties, Imposts and Excises, BORDALLO, Mr. MORAN, Mr. CICILLINE, and PITTS, and Mr. CRAMER. to pay the Debts and provide for the common Mr. SABLAN. H.R. 563: Mr. CARSON of Indiana. Defence and general Welfare of the United H.R. 129: Mr. PETERSON. H.R. 567: Mr. RIBBLE, Mr. HARPER, and Mr. States; but all Duties, Imposts and Excises H.R. 134: Mr. MICHAUD. MCCLINTOCK. shall be uniform throughout the United H.R. 147: Mr. LUETKEMEYER. H.R. 571: Mr. JONES. States. H.R. 163: Mr. LEVIN. H.R. 572: Mr. JONES. By Mr. HONDA: H.R. 164: Mr. LONG, Mr. MICHAUD, Mr. STIV- H.R. 574: Mr. BRADY of Pennsylvania and H.R. 615. ERS, Mr. RYAN of Ohio, and Mr. TAKANO. Mr. SCHRADER. Congress has the power to enact this legis- H.R. 182: Mr. DEUTCH, Mr. NADLER, Mr. H.R. 578: Mrs. HARTZLER, Mr. BUCSHON, Mr. lation pursuant to the following: JONES, and Mrs. NAPOLITANO. STOCKMAN, and Mr. THORNBERRY.

VerDate Mar 15 2010 04:30 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\L12FE7.100 H12FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H456 CONGRESSIONAL RECORD — HOUSE February 12, 2013 H.R. 580: Mr. DAINES, Mr. COTTON, Mr. H. Con. Res. 8: Mr. NUNNELEE. CONGRESSIONAL EARMARKS, LIM- CRAMER, and Mr. MULLIN. H. Res. 10: Mr. DANNY K. DAVIS of Illinois, ITED TAX BENEFITS, OR LIM- H.R. 582: Mr. MCCLINTOCK, Mr. ROKITA, and Mr. HASTINGS of Florida, Mr. SCOTT of Vir- ITED TARIFF BENEFITS Mr. FLORES. ginia, Mrs. CHRISTENSEN, Mr. CONNOLLY, Ms. H.R. 584: Ms. BORDALLO, Mr. MORAN, Ms. MOORE, Mr. RANGEL, Mr. CUMMINGS, Ms. Under clause 9 of rule XXI, lists or PINGREE of Maine, Ms. SLAUGHTER, Ms. BROWN of Florida, Mr. VARGAS, and Mr. RYAN statements on congressional earmarks, MCCOLLUM, and Mrs. CAPPS. of Ohio. H.R. 588: Mr. DUNCAN of Tennessee, Mr. H. Res. 24: Mr. NEUGEBAUER, Mrs. LUMMIS, limited tax benefits, or limited tariff MICHAUD, Mr. SABLAN, and Mr. COFFMAN. Mr. FORBES, Mr. GRAVES of Missouri, Mr. benefits were submitted as follows: H.R. 592: Mr. ENGEL, Mr. GRIMM, Mr. COSTA, Mr. DUNCAN of South Carolina, Mr. JEFFRIES, Mr. LOBIONDO, Mrs. MCCARTHY of CRAMER, Ms. BROWNLEY of California, and OFFERED BY MR. ISSA New York, Mr. FRANKS of Arizona, and Mr. Mr. COTTON. PASCRELL. The provisions that warranted a referral to H. Res. 36: Mr. FORBES, Mr. BENISHEK, Mr. H.R. 595: Mr. COBLE, Ms. FUDGE, and Ms. the Committee on Oversight and Govern- HUELSKAMP, Mr. CULBERSON, and Mr. EDDIE BERNICE JOHNSON of Texas. ment Reform in H.R. 273 do not contain any BRIDENSTINE. H.R. 607: Mr. JONES, Mr. HALL, and Mr. congressional earmarks, limited tax bene- WESTMORELAND. H. Res. 41: Mr. HIMES. fits, or limited tariff benefits as defined in H.J. Res. 25: Mr. MORAN, Mr. PETERS of H. Res. 60: Mr. CUMMINGS, Mr. ELLISON, Ms. California, Mr. FARR, and Mr. KEATING. MCCOLLUM, and Mr. RYAN of Ohio. clause 9 of rule XXI.

VerDate Mar 15 2010 04:30 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A12FE7.019 H12FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, FIRST SESSION

Vol. 159 WASHINGTON, TUESDAY, FEBRUARY 12, 2013 No. 22 Senate The Senate met at 10 a.m. and was p.m. to allow for the weekly caucus the auto industry. As a matter of fact, called to order by the President pro meetings. the figures are staggering. Five hun- tempore (Mr. LEAHY). The State of the Union Address is dred thousand manufacturing jobs have this evening. Senators will gather at been added, and 1 million jobs have PRAYER 8:20 p.m. tonight in this Chamber in been saved due to the President’s auto The Chaplain, Dr. Barry C. Black, of- order to proceed as a body to the House rescue program. That is a fairly signifi- fered the following prayer: of Representatives, where the speech cant change. Let us pray. will be given. We still have a long way to go to get Eternal Lord God, every day Your There are up to six rollcall votes re- back to full strength, and there are hand of grace is upon us. Not a moment maining: the Leahy amendment deal- still too many Americans out of work. goes by that is not touched by Your ing with sex trafficking, the Portman We made solid progress in the last 4 providence. Give our Senators today amendment dealing with sex traf- years, but we have a long way to go. tongues to speak Your truth and the ficking, the Murkowski amendment The depth of the crisis did not deter- hearts to do Your will. Lord, give them dealing with tribal protections, the mine our destiny. Instead, determina- such a transcendent spirit that they Coburn amendment dealing with con- tion drove us to prosper again. We are will unleash redemptive forces to solidation of DOJ rape programs, the faced with an opportunity disguised as transform lives. Give them also the Coburn amendment dealing with notice a challenge. We must build on this light of truth to show them where they to victims and, most importantly, final progress, fostering a lasting recovery ought to go. Make them faithful stew- passage of this legislation. that ensures Americans’ success is de- ards of their time, talents, and testi- We are still working on some com- termined by the strength of their will, mony as they seek to live for Your mittee hearings that are creating some not the size of their wallet. glory. conflict, and we are going to see if we Tonight, President Obama will chart We pray in Your holy Name. Amen. can work something out. At this stage a course to maintain the economic we have not done that. Unless we ask progress we made and revitalize the f the Senate to change the voting order, still struggling middle class. I look for- PLEDGE OF ALLEGIANCE we will have those votes starting at 11 ward to hearing his vision. I expect the The Honorable PATRICK J. LEAHY led o’clock today. President will call for commonsense in- the Pledge of Allegiance, as follows: STATE OF THE UNION vestments in our future. Investments I pledge allegiance to the Flag of the Four years ago, as newly elected have been deferred for far too long be- United States of America, and to the Repub- President of the United States, Barack cause of economic turmoil. When times lic for which it stands, one nation under God, Obama prepared to deliver his first ad- are hard, these investments are easy to indivisible, with liberty and justice for all. dress to a joint session of Congress. put off. If America hopes to compete in f The country at that time was in the a changing world, we must prepare to- midst of a grave crisis. Our economy day’s students for tomorrow’s jobs. We RECOGNITION OF THE MAJORITY had been shaken to its core by a finan- must give small businesses and Amer- LEADER cial crisis sparked by Wall Street ican manufacturers the support they The PRESIDENT pro tempore. The greed. Millions of Americans had lost need to thrive. We must stop relying on majority leader is recognized. their jobs, their homes, and their hope. foreign oil and start investing in re- f President Obama predicted America newable energy. It is better for our en- would rise to meet the challenges of vironment and for our economy. SCHEDULE the day. He said: If we hope to rebuild and maintain a Mr. REID. Following leader remarks, We will rebuild, we will recover, and the world-class economy, we must build a the Senate will resume consideration United States of America will emerge 21st century infrastructure to support of S. 47, the Violence Against Women stronger than before. The weight of this cri- that economy. Renewing these invest- Act. Time until 11 a.m. will be equally sis will not determine the destiny of this Na- ments is not only the right thing to do divided and controlled between the two tion. for our country, it is the right thing to leaders or their designees. Four years later we can say with cer- do for our economy. At 11 a.m. there will be up to six roll- tainty he was right. Over the last 35 In the last 4 years the President has call votes in order to complete action months, American businesses have cre- repeatedly reached across the aisle to on this legislation. Following disposi- ated more than 6.1 million jobs—6.1 Republicans, suggesting we find com- tion of VAWA, the Violence Against million jobs—including hundreds of mon ground for the sake of recovery. Women Act, we will recess until 2:15 thousands of jobs in manufacturing in Tonight will be no different. He will

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

S597

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VerDate Mar 15 2010 23:46 Feb 12, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.000 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S598 CONGRESSIONAL RECORD — SENATE February 12, 2013 reach across that aisle. I expect the A bill (S. 47) to reauthorize the Violence This is the President’s chance to President’s proposal will include ideas Against Women Act of 1994. rally the American people around a supported by both Democrats and, in Pending: real set of spending cuts and reforms. I the past, Republicans. I hope my Re- Coburn amendment No. 15, to more quickly will be interested to see what he plans publican colleagues will give his vision resolve rape cases and reduce the deficit by to offer because what we have been the consideration it deserves. consolidating unnecessary duplication with- hearing so far, frankly, isn’t very en- in the Department of Justice. couraging. He needs to understand the Tonight President Obama will also Coburn amendment No. 16, to amend the propose a balanced alternative to the requirements for speedy notice to victims American people will not accept at- devastating automatic spending cuts and to require a report to Congress. tempts to replace deficit reduction both parties have already agreed to which take effect next month. Demo- The PRESIDING OFFICER. Under with tax hikes. We already agreed to crats believe we should prevent these the previous order, the time until 11 reduce spending in the amount the se- harmful arbitrary cuts, cuts to both a.m. will be equally divided between quester would reduce spending when we military and, initiatives to help mid- the two leaders or their designees. dle-class families prosper. Remember, Mr. REID. Mr. President, I suggest voted for the Budget Control Act back Republicans in the Senate and in the the absence of a quorum, and I ask in August of 2011 and the President House voted for these harsh measures. unanimous consent that the time be signed it. What we expect the President will be We could easily avert these job-de- equally divided between both sides. stroying cuts which would hinder the The PRESIDING OFFICER. Without offering are tax hikes we all know would be used to finance even more economic recovery by ending wasteful objection, it is so ordered. tax breaks for corporations and give- The clerk will call the roll. spending, when we promised the Amer- aways to companies that ship jobs The legislative clerk proceeded to ican people we would spend less. If the overseas. A balanced approach to pare call the roll. President does try to do that, then he senseless spending reduction with a Mr. MCCONNELL. Mr. President, I shouldn’t expect anyone else to go modest contribution from the wealthi- ask unanimous consent that the order along, least of all the American people. Many on both sides of the aisle sup- est Americans would limit the damage for the quorum call be rescinded. port eliminating tax loopholes in the of the so-called sequestration. The PRESIDING OFFICER. Without context of fundamental bipartisan tax I was disappointed to learn yesterday objection, it is so ordered. simplification that lowers tax rates, the Republican leaders in the House RECOGNITION OF THE MINORITY LEADER and we hope to have a chance to do have no intention of bringing legisla- The PRESIDING OFFICER. The Re- that in the months ahead. But it is bad tion to the floor to replace the seques- publican leader is recognized. policy to punish this industry or that ter with a more sensible approach. STATE OF THE UNION ADDRESS one so Washington can fund 1 more They are going to do nothing. Mr. MCCONNELL. Mr. President, to- night we will welcome the President to week of government spending and Senate Democrats will offer their cause more Americans to lose their own solution to the sequester later this the Capitol to deliver his State of the Union Address. jobs. week. If Republicans truly agree that Remember, due to the operation of As I mentioned yesterday, Repub- these across-the-board cuts would be law, the President already got the tax licans will be listening with great in- damaging to our economy and to na- increases he wanted back on January 1. terest to see where the President plans tional security, they should work to Because the law expired, the President to take the country over the coming help us pass an alternative. got the tax increases he wanted—not year. Some media outlets are already During his first State of the Union with any votes, but he got it by the op- reporting we will be subjected to an- Address a long time ago, the first eration of law. So we are done with other litany of leftwing proposals, with President of the United States, George that part of the equation. The tax issue plenty of red meat for the President’s Washington, told Congress this: is over. The welfare of our country is the great ob- base. I sure hope not. The campaign is If the President wants a balanced ap- ject to which our cares and efforts ought to over, and the fact is that if the Presi- proach, now is the time to show his be directed. dent plans to accomplish anything hand on the spending cuts and reforms As Republicans and Democrats from good for the country in the coming he will accept. That is how compromise both Chambers come together, I repeat, months, he is going to have to go works. But when we hear the White the welfare of our country is the great through a Republican-controlled House suggest the challenge of control- object to which our cares and efforts House. ling spending is essentially complete or ought to be directed. So this morning I would like to hum- when we hear the House Democratic Democrats and Republicans should bly suggest once again that it is time leader echo the President’s claim that hear the message that George Wash- for the President to reach out to Con- we don’t have a spending problem, it is ington gave a long time ago. It is im- gress, including Republicans, and make hard to know where to start after a ri- portant to listen to the State of the divided government work. That is how diculous suggestion such as that. Union tonight, which we will, and we he will actually address the issues Over the weekend I spent some time should all keep in mind the words of Americans are most concerned about in Nelson County, KY, and I can assure George Washington. Despite our dif- right now, and it is the only way. everyone the folks I spoke with there The first issue many of us will be lis- ferences, if there is the will to work to- strongly disagree with the President’s tening for tonight is the President’s gether, the power to build an economy assessment. plan for controlling spending and re- works for every American, and we will The truth is the President knows bet- placing the Obama sequester. The succeed. ter than that himself. Deep down he record is clear that the President and knows spending is completely out of f his aides came up with that sequester, control. He knows the debt has already RESERVATION OF LEADER TIME and they got it. It is a little puzzling to grown by $6 trillion over his 4 years in see them now trying to pass it off like office. He knows that without spending The PRESIDING OFFICER (Mr. a hot potato. reform, the national debt will increase SCHATZ). Under the previous order, the Republicans have been very clear to double the size of our economy in leadership time is reserved. about the fact that we would rather just a few decades. He knows some- f enact smarter spending cuts. House Re- thing must be done now to save Medi- publicans even voted on the plan—not care and Social Security before they go VIOLENCE AGAINST WOMEN once but twice—to do just that. But broke. Tonight is a chance to show it, REAUTHORIZATION ACT OF 2013 Washington Democrats so far have to be straight with the American peo- The PRESIDING OFFICER. Under failed to put forward a serious proposal ple, and to reveal what he plans to do the previous order, the Senate will re- of their own. They ignored the issue for about all this. sume consideration of S. 47, which the more than 1 year before finally show- The good news is that many of the clerk will report. ing up to the debate last week with the things we need to do to control spend- The legislative clerk read as follows: usual gimmicks. ing and many of the things we need to

VerDate Mar 15 2010 23:46 Feb 12, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.017 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S599 do to get the economy moving again Congress. Four years ago President rate still hovering near 8 percent, are all one and the same. So I was Obama said he did not believe in big Americans deserve a President who is pleased to read the President might government. focused intensely on the right policies pivot to jobs again. Unfortunately, we Since then he has given us four con- for job creation. have seen that headline so many times secutive trillion-dollar deficits, he has A second term offers a second chance. before. We will have to wait to see how nationalized our health care sector, If the President wants to regain the serious it actually is. I have lost count and he has used Federal agencies to im- credibility he has lost over the last 4 of how many times the President has pose Draconian regulations. If we add years on each of these issues, he will made one of those pivots. He has the cost of all these proposed or final start tonight. pivoted so many times, reporters cov- regulations the Obama administration I yield the floor. ering the White House must be getting published last year, the total economic The PRESIDING OFFICER. The Sen- completely dizzy. burden comes to more than $236 billion. ator from Vermont. I also hope the President doesn’t call That is a wet blanket on the American Mr. LEAHY. Mr. President, what is for more Washington spending tonight. economy and economic growth and job the regular order? The PRESIDING OFFICER. The Sen- Not only is that an ineffective way to creation. If anyone out there still ate is considering S. 47. create jobs, but it is also the very rea- thinks President Obama opposes big Mr. LEAHY. Mr. President, before I son our debt continues to climb to such government, as the song goes, ‘‘I’ve got go on to that, I would note that many completely unsustainable levels. some oceanfront property in Arizona’’ have come to this floor to talk about If the President does want to do I’d like to sell you. the deficit and things of that nature. I something about job creation for a Four year ago the President told us ask anybody who is decrying our def- change, he should leave aside the he was concerned about our massive icit if they voted for a needless war in things we know haven’t worked and try national debt. Since then our gross na- Iraq and then voted to put it on the some things that will, such as getting tional debt has increased by nearly $6 credit card. the government out of the way. Not trillion and has grown larger than the The war in Iraq has cost this Nation only will that help jump-start the pri- entire U.S. economy. nearly $1 trillion so far, and with all vate economy, it will help us get spend- Four year ago the President said we the wounded who have come back from ing under control at the same time. It could not ignore our long-term chal- this unnecessary war, we will, beyond would be a twofer. Jump-start the pri- lenges. Since then he has ignored the the lifetime of most of us, still be pay- vate economy and get spending under recommendations of his own bipartisan ing for that. control at the same time is the best fiscal commission known as Simpson- The wars in Iraq and Afghanistan are way to inprove this economy. Bowles, and his own Treasury Sec- the only wars in America’s history we I also hope the President will use the retary has acknowledged that the did not have a special tax to pay for— big stage he will have tonight to fi- Obama administration does not have a both were put on a credit card. They nally level with the American people serious plan for long-term debt reduc- were begun at a time when the last ad- about the consequences of ObamaCare. tion. ministration had inherited a large sur- They deserve to know what is about to Four years ago the President told us plus from the Democratic administra- hit them—the cost increases, the pre- his trillion-dollar debt-financed stim- tion before it. Since I have been old mium hikes, the taxes. They deserve to ulus package would feature unprece- enough to vote, only Democratic ad- know that not only may they not be dented oversight. Then we learned the ministrations have left surpluses. But able to keep the health plan they have stimulus package wasted money on they took that surplus, wasted it on and like but that CBO tells us there boondoggles such as Solyndra. the war in Iraq, and because they were will also be fewer jobs. I know these Four years ago the President prom- unwilling to pay for this war—a war things will not be easy for him to say, ised us his plan for health care reform that was paid for only by the men and but that is what it means to be a would reduce the cost of health care for women who served and their families; statesman; to be honest with the peo- American families. Since then the cost we don’t have a draft—most people can ple you represent, to admit when some- of employer-provided family health in- say: It didn’t affect me. Well, it af- thing doesn’t turn out the way you said surance has increased by more than fected those families enormously, and it would. $2,300 per family. it will affect every single taxpayer for Even if we don’t hear the President Four years ago the President said he the rest of their lives because it will speak directly to the issues Americans viewed the Federal budget as a blue- take that long to pay for a war that so are most concerned about tonight, I am print for our future. Since then two of many in this body and the other body confident the man who is set to follow the President’s budget proposals have voted for but then stood up and said: him with the Republican’s response been unanimously rejected by this We cannot possibly have taxes to pay will do just that. In some ways, Sen- Chamber—by Republicans and Demo- for things we are spending money on. ator RUBIO embodies the American crats alike—and America’s credit rat- That is one thing they voted for—for dream. As the child of immigrants, he ing has been downgraded. the first time in the history of this is uniquely positioned to speak to the If you buy these unfulfilled promises country, they voted to not pay for a aspirations of the middle class. Unlike the President has made over the last 4 war. our rather easily distracted President, years, as the song goes, not only will I I urge everybody not to lose sight of Senator RUBIO has never had to pivot sell you some oceanfront property in the fact that a major part of our deficit to jobs. He has kept a laser focus on job Arizona, ‘‘I’ll throw the Golden Gate in was caused by the House and Senate creation and the economy ever since he for free.’’ voting for a war we never should have got here. In short, much of what the President been in, one I voted against. In fact, ev- I have laid out the issues the Presi- has said in February of 2009 has been erybody who actually read the intel- dent needs to address if he is interested hollow rhetoric, unmet with action and ligence material voted against it. Now in working with Republicans to get followup. I can only hope the Presi- our children and our grandchildren will some good things done for the country dent’s speech tonight will seriously ad- have to pay for our mistakes. in the days and months ahead. I sure dress our biggest fiscal challenges: a I don’t want to hear lectures about hope he is listening. debt burden larger than our economy, our deficit from people who voted to I yield the floor. $37 trillion in unfunded Medicare liabil- help create that deficit by voting for The PRESIDING OFFICER. The Re- ities, and more than $100 trillion in an unnecessary war. publican whip. total unfunded liabilities. On the subject we are on, S. 47, after Mr. CORNYN. Mr. President, as In addition, I can only hope the more than a week of consideration, the President Obama gets ready to deliver President will offer a serious plan for Senate will finally vote on the Vio- his State of the Union Address tonight, boosting economic growth and reduc- lence Against Women Reauthorization I would like to remind the American ing unemployment. Amid the longest Act. This is a good bill that makes people of what he said 4 years ago dur- period of high unemployment since the needed changes recommended by vic- ing his first speech to a joint session of Great Depression, with the national tims and those who work with them

VerDate Mar 15 2010 23:46 Feb 12, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.019 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S600 CONGRESSIONAL RECORD — SENATE February 12, 2013 every day. I urge all those Senators The Trafficking Victims Protection of federal dollars, and believe that VAWA who have opposed reauthorizing VAWA Reauthorization Act will help us con- programs in our districts have met that to end their opposition and join with tinue to make real progress on this threshold and have been a success in curbing us. Despite the predictions by some issue. It is a parallel effort to our reau- domestic violence and supporting victims. Now is the time to seek bipartisan com- that the Republican House of Rep- thorization of the Violence Against promise on the reauthorization of these pro- resentatives will refuse to consider the Women Act. Our effort is to stop grams. VAWA programs save lives, and we Senate bill, as it did last year, I see human trafficking at its roots by sup- must allow states and communities the op- reason for hope. porting both domestic and inter- portunity to build upon the successes of cur- Just yesterday 17 Republican mem- national efforts to fight against traf- rent VAWA programs so that we can help bers of the House wrote to their own ficking and to punish its perpetrators. even more people. leadership urging immediate reauthor- We provide critical resources to help It is unfortunate that states are already ization of VAWA. They rejected the preparing for Congress’s inaction. In New support victims as they rebuild their Jersey, for example, the state legislature re- ideological opposition of Heritage and lives. cently passed a bridge fund bill to fill the the Family Research Council. They This measure strengthens criminal void left by a lack of federal funds in the recognize that VAWA is effective, effi- anti-trafficking statutes to ensure that event VAWA is not reauthorized. cient and successful ‘‘in curbing domes- law enforcement agencies have the We believe a bipartisan plan to reauthorize tic violence and supporting victims,’’ tools they need to effectively combat VAWA is more important than ever. Last and that ‘‘VAWA programs save lives.’’ all forms of trafficking. It ensures bet- year, in a bipartisan letter many of us in the They also note, as I have said repeat- ter coordination among Federal agen- Republican Conference wrote to the Judici- ary Committee, we said: ‘‘VAWA must reach edly on this floor: ‘‘VAWA must reach cies, between law enforcement and vic- all victims and perpetrators of domestic vio- all victims and perpetrators of domes- tim service providers, and with foreign lence, dating violence, sexual assault, and tic violence, dating violence, sexual as- countries to work on every facet of this stalking in every community in the coun- sault and stalking in every community complicated problem. It includes meas- try.’’ This statement still holds true, and un- in the country.’’ ures to encourage victims to come for- derscores the need to reauthorize this crit- I ask unanimous consent that a copy ward and report this terrible crime, ical legislation. If you have any questions, or of the Republican members’ letter to which leads to more prosecutions and if we can be of additional assistance, your staff may contact Joe Heaton with Rep. Run- Speaker BOEHNER be printed in the help for more victims. yan. RECORD at the conclusion of my re- We have included accountability Sincerely, marks. measures to ensure that Federal funds Jon Runyan, Charlie Dent, Dave The Senate has rejected the Repub- are used for their intended purposes, Reichert, Richard Hanna, David Joyce, lican substitute and defeated the and we have streamlined programs to Shelley Moore-Capito, Frank LoBi- Coburn amendment to strip the tribal focus scarce resources on the ap- ondo, Michael Fitzpatrick, Jim Ger- jurisdiction provisions that have been proaches that have been the most suc- lach, Chris Gibson, Rodney Freling- included in the Senate bill for the past cessful. A Senator asserted yesterday huysen, Leonard Lance, Patrick Mee- two years. Those amendments would that trafficking programs have been han, Rodney Davis, Tom Reed, Lee have greatly narrowed VAWA’s ability Terry, Michael Grimm, Members of Con- wasteful and duplicative. In fact, the gress. to prevent crime and help victims and programs supported by this amend- Mr. LEAHY. I ask unanimous con- would have undercut our commitment ment have been carefully tracked and sent to have printed in the RECORD let- to all victims of rape and domestic vio- shown to be effective. Nonetheless, the ters from human rights and civil rights lence. I hope Senators will continue to amendment reduces authorization lev- organizations in support of S. 47, the vote against amendments that weaken els by almost a third from the levels in Violence Against Women Reauthoriza- this important legislation. the last reauthorization because we are tion Act of 2013. This morning the Senate has the op- determined to ensure efficiency and re- portunity to vote for an amendment There being no objection, the mate- spond to concerns. We have made simi- rial was ordered to be printed in the that goes in the opposite direction lar efforts to streamline VAWA. RECORD, as follows: from the Coburn amendments by allow- The United States remains a beacon ing us to help more victims of serious of hope for so many who face human NATIONAL ASSOCIATION FOR THE crime in the United States and around rights abuses. We know that young ADVANCEMENT OF COLORED PEOPLE, the world. This morning the Senate is Washington, DC, February 1, 2013. women and girls often just 11, 12, or 13 Re NAACP Strong Support for S. 47, to Reau- to vote on the Trafficking Victims Pro- years old are being bought and sold. We thorize the 1994 Violence Against Women tection Reauthorization Act. That is know that workers are being held and Act another bipartisan bill that was writ- forced into labor against their will. I Senator PATRICK LEAHY, ten with the input of victims and serv- urge all Senators to join in passing the Chairman, Committee on the Judiciary, Wash- ice providers to make critical improve- Trafficking Victims Protection Reau- ington, DC. ments to existing law. Last year, this thorization Act. People in this country DEAR CHAIRMAN LEAHY: On behalf of the legislation had 57 cosponsors—includ- and millions around the world are NAACP, our nation’s oldest, largest and ing 15 Republicans. In particular, I counting on us. most widely-recognized grassroots-based civil rights organization, I would like to sin- thank Senator RUBIO who has been a There being no objection, the mate- cerely thank you for your leadership in in- strong cosponsor of this important rial was ordered to be printed in the troducing S. 47, legislation strengthening measure. RECORD, as follows: and reauthorizing the 1994 Violence Against Today is February 12, the day on CONGRESS OF THE UNITED STATES, Women Act (VAWA). As strong and con- which Abraham Lincoln was born. It Washington, DC, February 11, 2013. sistent supporters of VAWA, the NAACP rec- was 150 years ago that he delivered the Speaker JOHN BOEHNER, ognizes that this important legislation Emancipation Proclamation and it Majority Leader ERIC CANTOR. would improve criminal justice and commu- would be fitting that the Senate pass DEAR SPEAKER BOEHNER AND LEADER CAN- nity-based responses to domestic violence, the Trafficking Victims Protection Re- TOR: We are writing to urge you to imme- dating violence, sexual assault and stalking diately reauthorize the Violence Against in the United States. authorization Act on his birthday. Al- Women Act (VAWA). As you know, we are As you know, the NAACP supported the though the 13th amendment to our long overdue in passing a reauthorization of passage of VAWA in 1994, and its reauthor- Constitution was ratified long ago, this landmark piece of legislation which ization in 2000 and 2005. We have witnessed making slavery illegal, we continue to seeks to reduce instances of domestic vio- VAWA change the landscape for victims of fight human trafficking, which can lence and protect women who are victims of violence in the United States who once suf- amount to modern day slavery. This such violence. fered in silence. Victims of domestic vio- terrible crime still occurs throughout Over the course of the past several years, lence, dating violence, sexual assault and the world—including in the United we have met with constituents in our dis- stalking have now been able to access serv- tricts who agree that VAWA programs are an ices, and a new generation of families and States of America. The Polaris Project important part of a larger criminal justice justice system professionals has come to un- estimates that there are more than 27 framework that seeks to reduce abuse derstand that domestic violence, dating vio- million victims of human trafficking against women and children. We appreciate lence, sexual assault and stalking are crimes worldwide today. the need to make efficient and effective use that our society will no longer tolerate.

VerDate Mar 15 2010 03:08 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.021 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S601 Your bill will not only continue proven effec- women in the case of Jessica Lenahan The PRESIDING OFFICER. Without tive programs, but that it will make key (Gonza´ les) v. the United States, through the objection, it is so ordered. changes to streamline VAWA and make sure enactment of legislation and policy reforms Mr. LEAHY. Mr. President, I suggest that even more people have access to safety, that do not discriminate and provide for stability and justice. equal protection before the law to victims of the absence of a quorum and ask that Thank you again for your continued lead- domestic violence and their children, under the time be equally divided. ership in this endeavor. Your thoughtfulness Article 2 of the American Declaration on The PRESIDING OFFICER. Without and tenacity in this area over the years has Human Rights; and objection, it is so ordered. improved the lives of millions of Americans. Whereas, in 2012 the Commission joined The clerk will call the roll. Should you have any questions or comments, with the Seattle Women’s Commission to please do not hesitate to contact me. call for the U.S. House to pass the Senate The legislative clerk proceeded to Sincerely, version of VAWA and on June 27, 2012, the call the roll. HILARY O. SHELTON, Commission co-sponsored a public rally with The PRESIDING OFFICER. The Sen- Director, NAACP the Seattle Women’s Commission to support ator from Vermont. Washington Bureau the Senate version of VAWA; and & Senior Vice Presi- Whereas, on September 6, 2012 the Commis- Mr. LEAHY. Mr. President, I ask dent for Advocacy sion adopted Resolution 12–03 urging the unanimous consent that the order for and Policy. House to pass the Senate version of VAWA, the quorum call be rescinded. Now therefore be it resolved, that the Se- The PRESIDING OFFICER. Without SEATTLE HUMAN RIGHTS COMMISSION attle Human Rights Commission hereby calls objection, it is so ordered. RESOLUTION #13–01: SUPPORT FOR REAUTHOR- upon the United States Congress to reau- AMENDMENT NO. 21, AS MODIFIED IZATION OF VIOLENCE AGAINST WOMEN ACT thorize the Violence Against Women Act by passing legislation which does not leave out Whereas, all Seattle residents are born free Mr. LEAHY. Mr. President, I call up fundamental protections for Native Ameri- my amendment numbered 21, as modi- and equal in dignity and rights; and cans, immigrants, and LGBTQ communities Whereas, the Seattle Human Rights Com- fied. in recognition of the principle that safety is mission is committed to protecting and ad- a fundamental human right and violence The PRESIDING OFFICER. The vocating for justice, human rights, and the against women is a violation of human clerk will report the amendment. equal treatment of all people who live and rights; and The legislative clerk read as follows: work in Seattle; and Now therefore be it further resolved, that The Senator from Vermont (Mr. LEAHY) Whereas, on December 10, 2012, Seattle offi- the Seattle Human Rights Commission urges proposes an amendment numbered 21, as cially declared itself a Human Rights City the Senate to pass S. 47 and the House to modified. through Council Resolution Number 31420; pass H.R. 11; and and Now therefore be it finally resolved, that The amendment (No. 21), as modified, Whereas, human safety is a fundamental should the House leadership decide against is as follows: human right and violence against women is advancing H.R. 11, then in that case the Se- a violation of human rights; and attle Human Rights Commission urges the At the end, add the following: Whereas, Congress failed to reauthorize the House to pass legislation that still contains TITLE XII—TRAFFICKING VICTIMS Violence Against Women Act (VAWA) in the protection for Native Americans, immi- PROTECTION 112th Congress; and grants, and LGBTQ communities. Subtitle A—Combating International Whereas, in the 112th Congress, the U.S. Adopted by the Seattle Human Rights Trafficking in Persons Senate passed a version of VAWA that in- Commission on February 1, 2013 cluded important protections for groups par- CHRISTOPHER STEARNS, SEC. 1201. REGIONAL STRATEGIES FOR COM- ticularly affected by violence against Chairman, BATING TRAFFICKING IN PERSONS. women, such as Native Americans, immi- JENNIFER YOGI, Section 105 of the Trafficking Victims Pro- grants, and LGBTQ communities; and Secretary. tection Act of 2000 (22 U.S.C. 7103) is amend- Whereas, in the 112th Congress the U.S. ed— House of Representatives passed a version of Mr. LEAHY. Mr. President, I suggest the absence of a quorum and ask that (1) in subsection (d)(7)(J), by striking ‘‘sec- VAWA that left out those protections for Na- tion 105(f) of this division’’ and inserting tive Americans, immigrants, and LGBTQ the time be equally divided. ‘‘subsection (g)’’; communities; and The PRESIDING OFFICER. Without (2) in subsection (e)(2)— Whereas, in the current 113th Congress, the objection, it is so ordered. The clerk (A) by striking ‘‘(2) COORDINATION OF Senate is considering a nearly identical bill will call the roll. CERTAIN ACTIVITIES.—’’ and all that fol- (S. 47) to the one it passed in the 112th Con- The legislative clerk proceeded to lows through ‘‘exploitation.’’; gress which contains the same important (B) by redesignating subparagraph (B) as protections for Native Americans, immi- call the roll. The PRESIDING OFFICER. The Sen- paragraph (2), and moving such paragraph, as grants, and LGBTQ communities; and so redesignated, 2 ems to the left; and Whereas, in the current 113th Congress, ator from Vermont. Mr. LEAHY. Mr. President, I ask (C) by redesignating clauses (i) and (ii) as Rep. Gwen Moore introduced the Violence subparagraphs (A) and (B), respectively, and Against Women Reauthorization Act of 2013 unanimous consent that the order for moving such subparagraphs, as so redesig- (H.R. 11) in the House of Representatives, the quorum call be rescinded. nated, 2 ems to the left; which is identical to the Senate bill; and The PRESIDING OFFICER. Without (3) by redesignating subsection (f) as sub- Whereas, protections against sexual as- objection, it is so ordered. section (g); and sault and domestic violence for Native Mr. LEAHY. Mr. President, we have (4) by inserting after subsection (e) the fol- Americans, immigrants, and LGBTQ commu- lowing: nities are required in order to guarantee the had an early unanimous consent order, human rights of equality, safety, liberty, in- so following that, I ask unanimous con- ‘‘(f) REGIONAL STRATEGIES FOR COMBATING tegrity and dignity which are enshrined in sent that the sequence of votes out- TRAFFICKING IN PERSONS.—Each regional bu- the Universal Declaration of Human Rights, lined under the previous order now reau in the Department of State shall con- the Convention on the Elimination of All start at 11:30 a.m., and the additional tribute to the realization of the anti-traf- ficking goals and objectives of the Secretary Forms of Discrimination against Women 30 minutes of debate be equally divided (CEDAW), the International Convention on of State. Each year, in cooperation with the between the two leaders or their des- Office to Monitor and Combat Trafficking in the Elimination of All Forms of Racial Dis- ignees; that following the disposition crimination, the International Covenant on Persons, each regional bureau shall submit a Civil and Political Rights, and the American of the Coburn amendment No. 15, the list of anti-trafficking goals and objectives Declaration on Human Rights among others; Senate recess for the weekly caucus to the Secretary of State for each country in Whereas, in 2011 the United Nations Spe- meetings; further, that at 2:15 p.m., the the geographic area of responsibilities of the cial Rapporteur on Violence Against Women Senate resume the sequence of votes regional bureau. Host governments shall be recommended that the U.S. reassess its laws under the previous order; and finally, informed of the goals and objectives for their and policies protecting domestic violence particular country and, to the extent pos- all other provisions of the previous sible, host government officials should be survivors and punishing abusers, including order remain in effect. the recognition of tribal authority to pros- consulted regarding the goals and objec- The PRESIDING OFFICER. Without tives.’’. ecute offenders contained in the current Sen- objection, it is so ordered. ate bill (S. 47); and SEC. 1202. PARTNERSHIPS AGAINST SIGNIFICANT Whereas, in 2011 the Inter-American Com- Mr. LEAHY. Mr. President, I ask TRAFFICKING IN PERSONS. mission of Human Rights (ICHR) ordered the unanimous consent that my amend- The Trafficking Victims Protection Act of United States to comply with its inter- ment numbered 21 be modified with the 2000 is amended by inserting after section 105 national duty to prevent violence against changes that are at the desk. (22 U.S.C. 7103) the following:

VerDate Mar 15 2010 03:08 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.003 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S602 CONGRESSIONAL RECORD — SENATE February 12, 2013 ‘‘SEC. 105A. CREATING, BUILDING, AND ‘‘(F) how a country strategy will be devel- gress annually on such efforts’’ before the STRENGTHENING PARTNERSHIPS oped to sustain progress made toward period at the end. AGAINST SIGNIFICANT TRAF- achieving such objectives after expiration of SEC. 1204. MINIMUM STANDARDS FOR THE ELIMI- FICKING IN PERSONS. the compact; and NATION OF TRAFFICKING. ‘‘(a) DECLARATION OF PURPOSE.—The pur- ‘‘(G) how child protection data will be col- Section 108(b) of the Trafficking Victims pose of this section is to promote collabora- lected, tracked, and managed to provide tion and cooperation— Protection Act of 2000 (22 U.S.C. 7106(b)) is strengthened case management and policy amended— ‘‘(1) between the United States Govern- planning. ment and governments listed on the annual (1) in paragraph (3)— ‘‘(3) FORM OF ASSISTANCE.—Assistance Trafficking in Persons Report; (A) by striking ‘‘peacekeeping’’ and insert- under this subsection may be provided in the ing ‘‘diplomatic, peacekeeping,’’; ‘‘(2) between foreign governments and civil form of grants, cooperative agreements, or society actors; and (B) by striking ‘‘, and measures’’ and in- contracts to or with national governments, serting ‘‘, a transparent system for remedi- ‘‘(3) between the United States Govern- regional or local governmental units, or non- ment and private sector entities. ating or punishing such public officials as a governmental organizations or private enti- deterrent, measures’’; and ‘‘(b) PARTNERSHIPS.—The Director of the ties with expertise in the protection of vic- office established pursuant to section (C) by inserting ‘‘, effective bilateral, mul- tims of severe forms of trafficking in per- tilateral, or regional information sharing 105(e)(1) of this Act, in coordination and co- sons. operation with other officials at the Depart- and cooperation arrangements with other ‘‘(4) ELIGIBLE COUNTRIES.—The Secretary of countries, and effective policies or laws regu- ment of State, officials at the Department of State, in consultation with the agencies set Labor, and other relevant officials of the lating foreign labor recruiters and holding forth in paragraph (1) and relevant officers of them civilly and criminally liable for fraudu- United States Government, shall promote, the Department of Justice, shall select coun- build, and sustain partnerships between the lent recruiting’’ before the period at the end; tries with which to enter into child protec- (2) in paragraph (4), by inserting ‘‘and has United States Government and private enti- tion compacts. The selection of countries ties, including foundations, universities, cor- entered into bilateral, multilateral, or re- under this paragraph shall be based on— gional law enforcement cooperation and co- porations, community-based organizations, ‘‘(A) the selection criteria set forth in and other nongovernmental organizations, to ordination arrangements with other coun- paragraph (5); and tries’’ before the period at the end; ensure that— ‘‘(B) objective, documented, and quantifi- ‘‘(1) United States citizens do not use any (3) in paragraph (7)— able indicators, to the maximum extent pos- (A) by inserting ‘‘, including diplomats and item, product, or material produced or ex- sible. tracted with the use and labor from victims soldiers,’’ after ‘‘public officials’’; ‘‘(5) SELECTION CRITERIA.—A country shall (B) by striking ‘‘peacekeeping’’ and insert- of severe forms of trafficking; and be selected under paragraph (4) on the basis ‘‘(2) such entities do not contribute to traf- ing ‘‘diplomatic, peacekeeping,’’; and of criteria developed by the Secretary of (C) by inserting ‘‘A government’s failure to ficking in persons involving sexual exploi- State in consultation with the Adminis- tation. appropriately address public allegations trator of the United States Agency for Inter- against such public officials, especially once ‘‘(c) PROGRAM TO ADDRESS EMERGENCY SIT- national Development and the Secretary of UATIONS.—The Secretary of State, acting such officials have returned to their home Labor. Such criteria shall include— countries, shall be considered inaction under through the Director established pursuant to ‘‘(A) a documented high prevalence of traf- section 105(e)(1) of this Act, is authorized to these criteria.’’ after ‘‘such trafficking.’’; ficking in persons within the country; and (4) by redesignating paragraphs (9) through establish a fund to assist foreign govern- ‘‘(B) demonstrated political motivation ments in meeting unexpected, urgent needs (11) as paragraphs (10) through (12), respec- and sustained commitment by the govern- tively; and in prevention of trafficking in persons, pro- ment of such country to undertake meaning- tection of victims, and prosecution of traf- (5) by inserting after paragraph (8) the fol- ful measures to address severe forms of traf- lowing: ficking offenders. ficking in persons, including prevention, pro- ‘‘(d) CHILD PROTECTION COMPACTS.— ‘‘(9) Whether the government has entered tection of victims, and the enactment and ‘‘(1) IN GENERAL.—The Secretary of State, into effective, transparent partnerships, co- enforcement of anti-trafficking laws against in consultation with the Administrator of operative arrangements, or agreements that perpetrators. the United States Agency for International have resulted in concrete and measurable ‘‘(6) SUSPENSION AND TERMINATION OF AS- Development, the Secretary of Labor, and outcomes with— SISTANCE.— the heads of other relevant agencies, is au- ‘‘(A) domestic civil society organizations, ‘‘(A) IN GENERAL.—The Secretary may sus- thorized to provide assistance under this sec- private sector entities, or international non- pend or terminate assistance provided under tion for each country that enters into a child governmental organizations, or into multi- this subsection in whole or in part for a protection compact with the United States lateral or regional arrangements or agree- country or entity if the Secretary deter- to support policies and programs that— ments, to assist the government’s efforts to mines that— ‘‘(A) prevent and respond to violence, ex- prevent trafficking, protect victims, and ‘‘(i) the country or entity is engaged in ac- ploitation, and abuse against children; and punish traffickers; or tivities that are contrary to the national se- ‘‘(B) measurably reduce the trafficking of ‘‘(B) the United States toward agreed goals curity interests of the United States; minors by building sustainable and effective and objectives in the collective fight against ‘‘(ii) the country or entity has engaged in systems of justice, prevention, and protec- trafficking.’’. a pattern of actions inconsistent with the tion. criteria used to determine the eligibility of SEC. 1205. BEST PRACTICES IN TRAFFICKING IN ‘‘(2) ELEMENTS.—A child protection com- PERSONS ERADICATION. the country or entity, as the case may be; or pact under this subsection shall establish a Section 110(b) of the Trafficking Victims ‘‘(iii) the country or entity has failed to multi-year plan for achieving shared objec- Protection Act of 2000 (22 U.S.C. 7107(b)) is adhere to its responsibilities under the Com- tives in furtherance of the purposes of this amended— pact. Act. The compact should take into account, (1) in paragraph (1)— ‘‘(B) REINSTATEMENT.—The Secretary may if applicable, the national child protection (A) by striking ‘‘with respect to the status reinstate assistance for a country or entity strategies and national action plans for of severe forms of trafficking in persons that suspended or terminated under this para- human trafficking of a country, and shall de- shall include—’’ and inserting ‘‘describing graph only if the Secretary determines that scribe— the anti-trafficking efforts of the United the country or entity has demonstrated a ‘‘(A) the specific objectives the foreign States and foreign governments according to commitment to correcting each condition government and the United States Govern- the minimum standards and criteria enumer- for which assistance was suspended or termi- ment expect to achieve during the term of ated in section 108, and the nature and scope nated under subparagraph (A).’’. the compact; of trafficking in persons in each country and ‘‘(B) the responsibilities of the foreign gov- SEC. 1203. PROTECTION AND ASSISTANCE FOR analysis of the trend lines for individual gov- VICTIMS OF TRAFFICKING. ernment and the United States Government ernmental efforts. The report should in- (a) TASK FORCE ACTIVITIES.—Section in the achievement of such objectives; 105(d)(6) of the Trafficking Victims Protec- clude—’’; ‘‘(C) the particular programs or initiatives tion Act of 2000 (22 U.S.C. 7103(d)(6)) is (B) in subparagraph (E), by striking ‘‘; to be undertaken in the achievement of such amended by inserting ‘‘, and make reason- and’’ and inserting a semicolon; objectives and the amount of funding to be able efforts to distribute information to en- (C) in subparagraph (F), by striking the pe- allocated to each program or initiative by able all relevant Federal Government agen- riod at the end and inserting ‘‘; and’’; and both countries; cies to publicize the National Human Traf- (D) by inserting at the end the following: ‘‘(D) regular outcome indicators to mon- ficking Resource Center Hotline on their ‘‘(G) a section entitled ‘Promising Prac- itor and measure progress toward achieving websites, in all headquarters offices, and in tices in the Eradication of Trafficking in such objectives; all field offices throughout the United Persons’ to highlight effective practices and ‘‘(E) a multi-year financial plan, including States’’ before the period at the end. use of innovation and technology in preven- the estimated amount of contributions by (b) CONGRESSIONAL BRIEFING.—Section tion, protection, prosecution, and partner- the United States Government and the for- 107(a)(2) of the Trafficking Victims Protec- ships, including by foreign governments, the eign government, and proposed mechanisms tion Act of 2000 (22 U.S.C. 7105(a)(2)) is private sector, and domestic civil society ac- to implement the plan and provide oversight; amended by inserting ‘‘and shall brief Con- tors.’’;

VerDate Mar 15 2010 23:46 Feb 12, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.002 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S603 (2) by striking paragraph (2); (1) in section 116 (22 U.S.C. 2151n), by add- ‘‘(2) with intent to violate section 1351 of (3) by redesignating paragraphs (3) and (4) ing at the end the following: this title or section 274 of the Immigration as paragraphs (2) and (3), respectively; and ‘‘(g) CHILD MARRIAGE STATUS.— and Nationality Act (8 U.S.C. 1324); or (4) in paragraph (2), as redesignated, by ‘‘(1) IN GENERAL.—The report required ‘‘(3) in order to, without lawful authority, adding at the end the following: under subsection (d) shall include, for each maintain, prevent, or restrict the labor of ‘‘(E) PUBLIC NOTICE.—Not later than 30 country in which child marriage is preva- services of the individual. days after notifying Congress of each coun- lent, a description of the status of the prac- ‘‘(b) PENALTY.—Any person who violates try determined to have met the require- tice of child marriage in such country. subsection (a) shall be fined under this title, ments under subclauses (I) through (III) of ‘‘(2) DEFINED TERM.—In this subsection, the imprisoned for not more than 1 year, or both. subparagraph (D)(ii), the Secretary of State term ‘child marriage’ means the marriage of ‘‘(c) OBSTRUCTION.—Any person who know- shall provide a detailed description of the a girl or boy who is— ingly obstructs, attempts to obstruct, or in credible evidence supporting such determina- ‘‘(A) younger than the minimum age for any way interferes with or prevents the en- tion on a publicly available website main- marriage under the laws of the country in forcement of this section, shall be subject to tained by the Department of State.’’. which such girl or boy is a resident; or the penalties described in subsection (b).’’. ‘‘(B) younger than 18 years of age, if no SEC. 1206. PROTECTIONS FOR DOMESTIC WORK- (2) TECHNICAL AND CONFORMING AMEND- ERS AND OTHER NONIMMIGRANTS. such law exists.’’; and MENT.—The table of sections for chapter 77 of Section 202 of the William Wilberforce (2) in section 502B (22 U.S.C. 2304), by add- title 18, United States Code, is amended by Trafficking Victims Protection Reauthoriza- ing at the end the following: adding at the end the following: ‘‘(i) CHILD MARRIAGE STATUS.— tion Act of 2008 (8 U.S.C. 1375b) is amended— ‘‘1597. Unlawful conduct with respect to im- ‘‘(1) IN GENERAL.—The report required (1) in subsection (a)— under subsection (b) shall include, for each migration documents.’’. (A) in the subsection heading, by inserting country in which child marriage is preva- SEC. 1212. CIVIL REMEDIES; CLARIFYING DEFINI- ‘‘AND VIDEO FOR CONSULAR WAITING ROOMS’’ lent, a description of the status of the prac- TION. after ‘‘INFORMATION PAMPHLET’’; and tice of child marriage in such country. (a) CIVIL REMEDY FOR PERSONAL INJU- (B) in paragraph (1)— ‘‘(2) DEFINED TERM.—In this subsection, the RIES.—Section 2255 of title 18, United States (i) by inserting ‘‘and video’’ after ‘‘infor- term ‘child marriage’ means the marriage of Code, is amended— mation pamphlet’’; and a girl or boy who is— (1) in subsection (a), by striking ‘‘section (ii) by adding at the end the following: ‘‘(A) younger than the minimum age for 2241(c)’’ and inserting ‘‘section 1589, 1590, ‘‘The video shall be distributed and shown in marriage under the laws of the country in 1591, 2241(c)’’; and consular waiting rooms in embassies and which such girl or boy is a resident; or (2) in subsection (b), by striking ‘‘six consulates appropriate to the circumstances ‘‘(B) younger than 18 years of age, if no years’’ and inserting ‘‘10 years’’. that are determined to have the greatest such law exists.’’. (b) DEFINITION.— concentration of employment or education- SEC. 1208. CHILD SOLDIERS. (1) IN GENERAL.—Section 103 of the Traf- based non-immigrant visa applicants, and Section 404 of the William Wilberforce ficking Victims Protection Act of 2000 (22 where sufficient video facilities exist in Trafficking Victims Protection Reauthoriza- U.S.C. 7102) is amended— waiting or other rooms where applicants tion Act of 2008 (22 U.S.C. 2370c–1) is amend- (A) by redesignating paragraphs (1) wait or convene. The Secretary of State is ed— through (14) as paragraphs (2) through (15), authorized to augment video facilities in (1) in subsection (a), by striking ‘‘(b), (c), respectively; such consulates or embassies in order to ful- and (d), the authorities contained in section (B) by inserting before paragraph (2), as re- fill the purposes of this section.’’; 516 or 541 of the Foreign Assistance Act of designated, the following: (2) in subsection (b), by inserting ‘‘and 1961 (22 U.S.C. 2321j or 2347)’’ and inserting ‘‘(1) ABUSE OR THREATENED ABUSE OF LAW video’’ after ‘‘information pamphlet’’; ‘‘(b) through (f), the authorities contained in OR LEGAL PROCESS.—The term ‘abuse or (3) in subsection (c)— sections 516, 541, and 551 of the Foreign As- threatened abuse of the legal process’ means (A) in paragraph (1), by inserting ‘‘and sistance Act of 1961 (22 U.S.C. 2321j, 2347, and the use or threatened use of a law or legal produce or dub the video’’ after ‘‘information 2348)’’; and process, whether administrative, civil, or pamphlet’’; and (2) by adding at the end the following: criminal, in any manner or for any purpose (B) in paragraph (2), by inserting ‘‘and the ‘‘(f) EXCEPTION FOR PEACEKEEPING OPER- for which the law was not designed, in order video produced or dubbed’’ after ‘‘trans- ATIONS.—The limitation set forth in sub- to exert pressure on another person to cause lated’’; and section (a) that relates to section 551 of the that person to take some action or refrain (4) in subsection (d)— Foreign Assistance Act of 1961 shall not from taking some action.’’; (A) in paragraph (1), by inserting ‘‘and apply to programs that support military (C) in paragraph (14), as redesignated, by video’’ after ‘‘information pamphlet’’; professionalization, security sector reform, striking ‘‘paragraph (8)’’ and inserting (B) in paragraph (2), by inserting ‘‘and heightened respect for human rights, peace- ‘‘paragraph (9)’’; and video’’ after ‘‘information pamphlet’’; and keeping preparation, or the demobilization (D) in paragraph (15), as redesignated, by (C) by adding at the end the following: and reintegration of child soldiers.’’. striking ‘‘paragraph (8) or (9)’’ and inserting ‘‘(4) DEADLINE FOR VIDEO DEVELOPMENT AND Subtitle B—Combating Trafficking in ‘‘paragraph (9) or (10)’’. DISTRIBUTION.—Not later than 1 year after Persons in the United States (2) TECHNICAL AND CONFORMING AMEND- the date of the enactment of the Violence PART I—PENALTIES AGAINST MENTS.— Against Women Reauthorization Act of 2013, TRAFFICKERS AND OTHER CRIMES (A) TRAFFICKING VICTIMS PROTECTION ACT the Secretary of State shall make available SEC. 1211. CRIMINAL TRAFFICKING OFFENSES. OF 2000.—The Trafficking Victims Protection the video developed under subsection (a) pro- (a) RICO AMENDMENT.—Section 1961(1)(B) Act of 2000 (22 U.S.C. 7101 et eq.) is amend- duced or dubbed in all the languages referred of title 18, United States Code, is amended by ed— to in subsection (c).’’. inserting ‘‘section 1351 (relating to fraud in (i) in section 110(e) (22 U.S.C. 7107(e))— SEC. 1207. PREVENTION OF CHILD MARRIAGE. foreign labor contracting),’’ before ‘‘section (I) by striking ‘‘section 103(7)(A)’’ and in- (a) IN GENERAL.—Section 106 of the Traf- 1425’’. serting ‘‘section 103(8)(A)’’; and ficking Victims Protection Act of 2000 (22 (b) ENGAGING IN ILLICIT SEXUAL CONDUCT IN (II) by striking ‘‘section 103(7)(B)’’ and in- U.S.C. 7104) is amended by adding at the end FOREIGN PLACES.—Section 2423(c) of title 18, serting ‘‘section 103(8)(B)’’; and the following: United States Code, is amended by inserting (ii) in section 113(g)(2) (22 U.S.C. 7110(g)(2)), ‘‘(j) PREVENTION OF CHILD TRAFFICKING ‘‘or resides, either temporarily or perma- by striking ‘‘section 103(8)(A)’’ and inserting THROUGH CHILD MARRIAGE.—The Secretary of nently, in a foreign country’’ after ‘‘com- ‘‘section 103(9)(A)’’. State shall establish and implement a multi- merce’’. (B) NORTH KOREAN HUMAN RIGHTS ACT OF year, multi-sectoral strategy— (c) UNLAWFUL CONDUCT WITH RESPECT TO 2004.—Section 203(b)(2) of the North Korean ‘‘(1) to prevent child marriage; DOCUMENTS.— Human Rights Act of 2004 (22 U.S.C. ‘‘(2) to promote the empowerment of girls (1) IN GENERAL.—Chapter 77 of title 18, 7833(b)(2)) is amended by striking ‘‘section at risk of child marriage in developing coun- United States Code, is amended by adding at 103(14)’’ and inserting ‘‘section 103(15)’’. tries; the end the following: (C) TRAFFICKING VICTIMS PROTECTION REAU- ‘‘(3) that should address the unique needs, ‘‘§ 1597. Unlawful conduct with respect to im- THORIZATION ACT OF 2005.—Section 207 of the vulnerabilities, and potential of girls young- migration documents Trafficking Victims Protection Reauthoriza- er than 18 years of age in developing coun- ‘‘(a) DESTRUCTION, CONCEALMENT, REMOVAL, tion Act of 2005 (42 U.S.C. 14044e) is amend- tries; CONFISCATION, OR POSSESSION OF IMMIGRATION ed— ‘‘(4) that targets areas in developing coun- DOCUMENTS.—It shall be unlawful for any (i) in paragraph (1), by striking ‘‘section tries with high prevalence of child marriage; person to knowingly destroy, conceal, re- 103(8)’’ and inserting ‘‘section 103(9)’’; and move, confiscate, or possess, an actual or (ii) in paragraph (2), by striking ‘‘section ‘‘(5) that includes diplomatic and pro- purported passport or other immigration 103(9)’’ and inserting ‘‘section 103(10)’’; and grammatic initiatives.’’. document of another individual — (iii) in paragraph (3), by striking ‘‘section (b) INCLUSION OF CHILD MARRIAGE STATUS ‘‘(1) in the course of violating section 1351 103(3)’’ and inserting ‘‘section 103(4)’’. IN REPORTS.—The Foreign Assistance Act of of this title or section 274 of the Immigration (D) VIOLENCE AGAINST WOMEN AND DEPART- 1961 (22 U.S.C. 2151 et seq.) is amended— and Nationality Act (8 U.S.C. 1324); MENT OF JUSTICE REAUTHORIZATION ACT OF

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2005.—Section 111(a)(1) of the Violence (5) by adding at the end the following: (1) the Committee on the Judiciary of the Against Women and Department of Justice ‘‘(P) the activities undertaken by Federal Senate; Reauthorization Act of 2005 (42 U.S.C. agencies to train appropriate State, tribal, (2) the Committee on Health, Education, 14044f(a)(1)) is amended by striking ‘‘para- and local government and law enforcement Labor, and Pensions of the Senate; graph (8)’’ and inserting ‘‘paragraph (9)’’. officials to identify victims of severe forms (3) the Committee on the Judiciary of the PART II—ENSURING AVAILABILITY OF of trafficking, including both sex and labor House of Representatives; and POSSIBLE WITNESSES AND INFORMANTS trafficking; (4) the Committee on Education and the SEC. 1221. PROTECTIONS FOR TRAFFICKING VIC- ‘‘(Q) the activities undertaken by Federal Workforce of the House of Representatives. TIMS WHO COOPERATE WITH LAW agencies in cooperation with State, tribal, (b) CONTENTS.—The report under sub- ENFORCEMENT. and local law enforcement officials to iden- section (a) should, to the extent possible— Section 101(a)(15)(T)(ii)(III) of the Immi- tify, investigate, and prosecute offenses (1) address the role and practices of United gration and Nationality Act (8 U.S.C. under sections 1581, 1583, 1584, 1589, 1590, 1592, States employers in— 1101(a)(15)(T)(ii)(III) is amended by inserting and 1594 of title 18, United States Code, or (A) the use of labor recruiters or brokers; ‘‘, or any adult or minor children of a deriva- equivalent State offenses, including, in each or tive beneficiary of the alien, as’’ after ‘‘age’’. fiscal year— (B) directly recruiting foreign workers; SEC. 1222. PROTECTION AGAINST FRAUD IN FOR- ‘‘(i) the number, age, gender, country of or- (2) analyze the laws that protect such EIGN LABOR CONTRACTING. igin, and citizenship status of victims identi- workers, both overseas and domestically; Section 101(a)(15)(U)(iii) of the Immigra- fied for each offense; (3) describe the oversight and enforcement tion and Nationality Act (8 U.S.C. ‘‘(ii) the number of individuals charged, mechanisms in Federal departments and 1101(a)(15)(U)(iii)) is amended by inserting and the number of individuals convicted, agencies for such laws; and ‘‘fraud in foreign labor contracting (as de- under each offense; (4) identify any gaps that may exist in fined in section 1351 of title 18, United States ‘‘(iii) the number of individuals referred for these protections; and Code);’’ after ‘‘perjury;’’. prosecution for State offenses, including of- (5) recommend possible actions for Federal PART III—ENSURING INTERAGENCY CO- fenses relating to the purchasing of commer- departments and agencies to combat any ORDINATION AND EXPANDED REPORT- cial sex acts; abuses. ‘‘(iv) the number of victims granted con- ING (c) REQUIREMENTS.—The report under sub- tinued presence in the United States under SEC. 1231. REPORTING REQUIREMENTS FOR THE section (a) shall— section 107(c)(3); and ATTORNEY GENERAL. (1) describe the role of labor recruiters or ‘‘(v) the number of victims granted a visa Section 105(d)(7) of the Trafficking Victims brokers working in countries that are send- or otherwise provided status under subpara- Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is ing workers and receiving funds, including graph (T)(i) or (U)(i) of section 101(a)(15) of amended— any identified involvement in labor abuses; the Immigration and Nationality Act (8 (1) by redesignating subparagraphs (D) (2) describe the role and practices of em- U.S.C. 1101(a)(15)); and through (J) as subparagraphs (I) through (O); ployers in the United States that commis- ‘‘(R) the activities undertaken by the De- (2) by striking subparagraphs (B) and (C) sion labor recruiters or brokers or directly partment of Justice and the Department of and inserting the following: recruit foreign workers; Health and Human Services to meet the spe- ‘‘(B) the number of persons who have been (3) describe the role of Federal depart- cific needs of minor victims of domestic traf- granted continued presence in the United ments and agencies in overseeing and regu- ficking, including actions taken pursuant to States under section 107(c)(3) during the pre- lating the foreign labor recruitment process, subsection (f) and section 202(a) of the Traf- ceding fiscal year and the mean and median including certifying and enforcing under ex- ficking Victims Protection Reauthorization time taken to adjudicate applications sub- isting regulations; Act of 2005 (42 U.S.C. 14044(a)), and the steps mitted under such section, including the (4) describe the type of jobs and the num- taken to increase cooperation among Fed- time from the receipt of an application by bers of positions in the United States that eral agencies to ensure the effective and effi- law enforcement to the issuance of continued have been filled through foreign workers dur- cient use of programs for which the victims presence, and a description of any efforts ing each of the last 8 years, including posi- are eligible.’’. being taken to reduce the adjudication and tions within the Federal Government; processing time while ensuring the safe and SEC. 1232. REPORTING REQUIREMENTS FOR THE (5) describe any efforts or programs under- SECRETARY OF LABOR. competent processing of the applications; taken by Federal, State and local govern- ‘‘(C) the number of persons who have ap- Section 105(b) of the Trafficking Victims ment entities to encourage employers, di- plied for, been granted, or been denied a visa Protection Act of 2005 (22 U.S.C. 7112(b)) is rectly or indirectly, to use foreign workers or otherwise provided status under subpara- amended by adding at the end the following: or to reward employers for using foreign graph (T)(i) or (U)(i) of section 101(a)(15) of ‘‘(3) SUBMISSION TO CONGRESS.—Not later workers; and the Immigration and Nationality Act (8 than December 1, 2014, and every 2 years (6) based on the information required under U.S.C. 1101(a)(15)) during the preceding fiscal thereafter, the Secretary of Labor shall sub- paragraphs (1) through (3), identify any com- year; mit the list developed under paragraph (2)(C) mon abuses of foreign workers and the em- ‘‘(D) the number of persons who have ap- to Congress.’’. ployment system, including the use of fees plied for, been granted, or been denied a visa SEC. 1233. INFORMATION SHARING TO COMBAT and debts, and recommendations of actions or status under clause (ii) of section CHILD LABOR AND SLAVE LABOR. that could be taken by Federal departments 101(a)(15)(T) of the Immigration and Nation- Section 105(a) of the Trafficking Victims and agencies to combat any identified ality Act (8 U.S.C. 1101(a)(15)(T)) during the Protection Act of 2005 (22 U.S.C. 7112(a)) is abuses. preceding fiscal year, broken down by the amended by adding at the end the following: number of such persons described in sub- ‘‘(3) INFORMATION SHARING.—The Secretary SEC. 1236. ACCOUNTABILITY. clauses (I), (II), and (III) of such clause (ii); of State shall, on a regular basis, provide in- All grants awarded by the Attorney Gen- ‘‘(E) the amount of Federal funds expended formation relating to child labor and forced eral under this title or an Act amended by in direct benefits paid to individuals de- labor in the production of goods in violation this title shall be subject to the following ac- scribed in subparagraph (D) in conjunction of international standards to the Depart- countability provisions: with T visa status; ment of Labor to be used in developing the (1) AUDIT REQUIREMENT.— ‘‘(F) the number of persons who have ap- list described in subsection (b)(2)(C).’’. (A) DEFINITION.—In this paragraph, the plied for, been granted, or been denied a visa SEC. 1234. GOVERNMENT TRAINING EFFORTS TO term ‘‘unresolved audit finding’’ means an or status under section 101(a)(15)(U)(i) of the INCLUDE THE DEPARTMENT OF audit report finding in the final audit report Immigration and Nationality Act (8 U.S.C. LABOR. of the Inspector General of the Department 1101(a)(15)(U)(i)) during the preceding fiscal Section 107(c)(4) of the Trafficking Victims of Justice that the grantee has used grant year; Protection Act of 2000 (22 U.S.C. 7105(c)(4)) is funds for an unauthorized expenditure or ‘‘(G) the mean and median time in which it amended— otherwise unallowable cost that is not closed takes to adjudicate applications submitted (1) in the first sentence, by inserting ‘‘the or resolved during the 12-month period be- under the provisions of law set forth in sub- Department of Labor, the Equal Employ- ginning on the date on which the final audit paragraph (C), including the time between ment Opportunity Commission,’’ before ‘‘and report is issued the receipt of an application and the the Department’’; and (B) REQUIREMENT.—Beginning in the first issuance of a visa and work authorization; (2) in the second sentence, by inserting ‘‘, fiscal year beginning after the date of enact- ‘‘(H) any efforts being taken to reduce the in consultation with the Secretary of ment of this Act, and in each fiscal year adjudication and processing time, while en- Labor,’’ before ‘‘shall provide’’. thereafter, the Inspector General of the De- suring the safe and competent processing of SEC. 1235. GAO REPORT ON THE USE OF FOREIGN partment of Justice shall conduct audits of the applications;’’; LABOR CONTRACTORS. recipients of grants under this title or an (3) in subparagraph (N)(iii), as redesig- (a) IN GENERAL.—Not later than 2 years Act amended by this title to prevent waste, nated, by striking ‘‘and’’ at the end; after the date of the enactment of this Act, fraud, and abuse of funds by grantees. The (4) in subparagraph (O), as redesignated, by the Comptroller General of the United States Inspector General shall determine the appro- striking the period at the end and inserting shall submit a report on the use of foreign priate number of grantees to be audited each ‘‘; and’’; and labor contractors to— year.

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(C) MANDATORY EXCLUSION.—A recipient of (C) REPORT.—The Deputy Attorney General to collaborate with law enforcement to have grant funds under this title or an Act amend- shall submit an annual report to the Com- access to residential care or services pro- ed by this title that is found to have an unre- mittee on the Judiciary of the Senate and vided with a grant under this section. solved audit finding shall not be eligible to the Committee on the Judiciary of the House ‘‘(4) MINOR VICTIM OF SEX TRAFFICKING.— receive grant funds under this title or an Act of Representatives on all conference expendi- The term ‘minor victim of sex trafficking’ amended by this title during the first 2 fiscal tures approved under this paragraph. means an individual who— years beginning after the end of the 12- (4) ANNUAL CERTIFICATION.—Beginning in ‘‘(A) is younger than 18 years of age, and is month period described in subparagraph (A). the first fiscal year beginning after the date a victim of an offense described in section (D) PRIORITY.—In awarding grants under of enactment of this Act, the Attorney Gen- 1591(a) of title 18, United States Code, or a this title or an Act amended by this title, eral shall submit, to the Committee on the comparable State law; or the Attorney General shall give priority to Judiciary and the Committee on Appropria- ‘‘(B)(i) is not younger than 18 years of age eligible applicants that did not have an unre- tions of the Senate and the Committee on nor older than 20 years of age; solved audit finding during the 3 fiscal years the Judiciary and the Committee on Appro- ‘‘(ii) before the individual reached 18 years before submitting an application for a grant priations of the House of Representatives, an of age, was described in subparagraph (A); under this title or an Act amended by this annual certification indicating whether— and title. (A) all audits issued by the Office of the In- ‘‘(iii) was receiving shelter or services as a (E) REIMBURSEMENT.—If an entity is award- spector General under paragraph (1) have minor victim of sex trafficking. ed grant funds under this title or an Act been completed and reviewed by the appro- ‘‘(5) QUALIFIED NONGOVERNMENTAL ORGANI- amended by this title during the 2-fiscal-year priate Assistant Attorney General or Direc- ZATION.—The term ‘qualified nongovern- period during which the entity is barred tor; mental organization’ means an organization from receiving grants under subparagraph (B) all mandatory exclusions required that— (C), the Attorney General shall— under paragraph (1)(C) have been issued; ‘‘(A) is not a State or unit of local govern- (i) deposit an amount equal to the amount (C) all reimbursements required under ment, or an agency of a State or unit of local of the grant funds that were improperly paragraph (1)(E) have been made; and government; awarded to the grantee into the General (D) includes a list of any grant recipients ‘‘(B) has demonstrated experience pro- Fund of the Treasury; and excluded under paragraph (1) from the pre- viding services to victims of sex trafficking (ii) seek to recoup the costs of the repay- vious year. or related populations (such as runaway and ment to the fund from the grant recipient PART IV—ENHANCING STATE AND LOCAL homeless youth), or employs staff specialized that was erroneously awarded grant funds. EFFORTS TO COMBAT TRAFFICKING IN in the treatment of sex trafficking victims; (2) NONPROFIT ORGANIZATION REQUIRE- PERSONS and MENTS.— SEC. 1241. ASSISTANCE FOR DOMESTIC MINOR ‘‘(C) demonstrates a plan to sustain the (A) DEFINITION.—For purposes of this para- SEX TRAFFICKING VICTIMS. provision of services beyond the period of a graph and the grant programs under this (a) IN GENERAL.—Section 202 of the Traf- grant awarded under this section. title or an Act amended by this title, the ficking Victims Protection Reauthorization ‘‘(6) SEX TRAFFICKING OF A MINOR.—The term ‘‘nonprofit organization’’ means an or- Act of 2005 (42 U.S.C. 14044a) is amended to term ‘sex trafficking of a minor’ means an ganization that is described in section read as follows: offense described in section 1591(a) of title 18, 501(c)(3) of the Internal Revenue Code of 1986 ‘‘SEC. 202. ESTABLISHMENT OF A GRANT PRO- United States Code, or a comparable State and is exempt from taxation under section GRAM TO DEVELOP, EXPAND, AND law, against a minor. 501(a) of such Code. STRENGTHEN ASSISTANCE PRO- ‘‘(b) SEX TRAFFICKING BLOCK GRANTS.— (B) PROHIBITION.—The Attorney General GRAMS FOR CERTAIN PERSONS SUB- ‘‘(1) GRANTS AUTHORIZED.— may not award a grant under this title or an JECT TO TRAFFICKING. ‘‘(A) IN GENERAL.—The Assistant Attorney Act amended by this title to a nonprofit or- ‘‘(a) DEFINITIONS.—In this section: General, in consultation with the Assistant ganization that holds money in offshore ac- ‘‘(1) ASSISTANT SECRETARY.—The term ‘As- Secretary, may make block grants to 4 eligi- counts for the purpose of avoiding paying the sistant Secretary’ means the Assistant Sec- ble entities located in different regions of tax described in section 511(a) of the Internal retary for Children and Families of the De- the United States to combat sex trafficking Revenue Code of 1986. partment of Health and Human Services. of minors. (C) DISCLOSURE.—Each nonprofit organiza- ‘‘(2) ASSISTANT ATTORNEY GENERAL.—The ‘‘(B) REQUIREMENT.—Not fewer than 1 of tion that is awarded a grant under this title term ‘Assistant Attorney General’ means the the block grants made under subparagraph or an Act amended by this title and uses the Assistant Attorney General for the Office of (A) shall be awarded to an eligible entity procedures prescribed in regulations to cre- Justice Programs of the Department of Jus- with a State population of less than 5,000,000. ate a rebuttable presumption of reasonable- tice. ‘‘(C) GRANT AMOUNT.—Subject to the avail- ness for the compensation of its officers, di- ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible ability of appropriations under subsection (g) rectors, trustees and key employees, shall entity’ means a State or unit of local gov- to carry out this section, each grant made disclose to the Attorney General, in the ap- ernment that— under this section shall be for an amount not plication for the grant, the process for deter- ‘‘(A) has significant criminal activity in- less than $1,500,000 and not greater than mining such compensation, including the volving sex trafficking of minors; $2,000,000. independent persons involved in reviewing ‘‘(B) has demonstrated cooperation be- ‘‘(D) DURATION.— and approving such compensation, the com- tween Federal, State, local, and, where ap- ‘‘(i) IN GENERAL.—A grant made under this parability data used, and contemporaneous plicable, tribal law enforcement agencies, section shall be for a period of 1 year. substantiation of the deliberation and deci- prosecutors, and social service providers in ‘‘(ii) RENEWAL.— sion. Upon request, the Attorney General addressing sex trafficking of minors; ‘‘(I) IN GENERAL.—The Assistant Attorney shall make the information disclosed under ‘‘(C) has developed a workable, multi-dis- General may renew a grant under this sec- this subparagraph available for public in- ciplinary plan to combat sex trafficking of tion for up to 3 1-year periods. spection. minors, including— ‘‘(II) PRIORITY.—In making grants in any (3) CONFERENCE EXPENDITURES.— ‘‘(i) building or establishing a residential fiscal year after the first fiscal year in which (A) LIMITATION.—No amounts authorized to care facility for minor victims of sex traf- grants are made under this section, the As- be appropriated to the Department of Justice ficking; sistant Attorney General shall give priority under this title or an Act amended by this ‘‘(ii) the provision of rehabilitative care to to an eligible entity that received a grant in title may be used by the Attorney General, minor victims of sex trafficking; the preceding fiscal year and is eligible for or by any individual or entity awarded dis- ‘‘(iii) the provision of specialized training renewal under this subparagraph, taking cretionary funds through a cooperative for law enforcement officers and social serv- into account any evaluation of the eligible agreement under this title or an Act amend- ice providers for all forms of sex trafficking, entity conducted under paragraph (4), if ed by this title, to host or support any ex- with a focus on sex trafficking of minors; available. penditure for conferences that uses more ‘‘(iv) prevention, deterrence, and prosecu- ‘‘(E) CONSULTATION.—In carrying out this than $20,000 in funds made available to the tion of offenses involving sex trafficking of section, the Assistant Attorney General Department of Justice, unless the Deputy minors; shall consult with the Assistant Secretary Attorney General or the appropriate Assist- ‘‘(v) cooperation or referral agreements with respect to— ant Attorney General, Director, or principal with organizations providing outreach or ‘‘(i) evaluations of grant recipients under deputy (as designated by the Deputy Attor- other related services to runaway and home- paragraph (4); ney General) provides prior written author- less youth; and ‘‘(ii) avoiding unintentional duplication of ization that the funds may be expended to ‘‘(vi) law enforcement protocols or proce- grants; and host the conference. dures to screen all individuals arrested for ‘‘(iii) any other areas of shared concern. (B) WRITTEN APPROVAL.—Written approval prostitution, whether adult or minor, for vic- ‘‘(2) USE OF FUNDS.— under subparagraph (A) shall include a writ- timization by sex trafficking and by other ‘‘(A) ALLOCATION.—Not less than 67 percent ten estimate of all costs associated with the crimes, such as sexual assault and domestic of each grant made under paragraph (1) shall conference, including the cost of all food, violence; and be used by the eligible entity to provide resi- beverages, audio-visual equipment, hono- ‘‘(D) provides assurance that a minor vic- dential care and services (as described in raria for speakers, and entertainment. tim of sex trafficking shall not be required clauses (i) through (iv) of subparagraph (B))

VerDate Mar 15 2010 23:46 Feb 12, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.002 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S606 CONGRESSIONAL RECORD — SENATE February 12, 2013 to minor victims of sex trafficking through program by utilizing grant funds for unau- ‘‘$10,000,000 for each of the fiscal years 2014 qualified nongovernmental organizations. thorized expenditures or otherwise unallow- through 2017’’; and ‘‘(B) AUTHORIZED ACTIVITIES.—Grants able costs. (5) by adding at the end the following: awarded pursuant to paragraph (2) may be ‘‘(e) ADMINISTRATIVE CAP.—The cost of ad- ‘‘(f) GAO EVALUATION AND REPORT.—Not used for— ministering the grants authorized by this later than 30 months after the date of enact- ‘‘(i) providing residential care to minor section shall not exceed 3 percent of the ment of this Act, the Comptroller General of victims of sex trafficking, including tem- total amount appropriated to carry out this the United States shall conduct a study of porary or long-term placement as appro- section. and submit to Congress a report evaluating priate; ‘‘(f) AUDIT REQUIREMENT.—For fiscal years the impact of this section on— ‘‘(ii) providing 24-hour emergency social 2016 and 2017, the Inspector General of the ‘‘(1) the ability of law enforcement per- services response for minor victims of sex Department of Justice shall conduct an sonnel to identify victims of severe forms of trafficking; audit of all 4 eligible entities that receive trafficking in persons and investigate and ‘‘(iii) providing minor victims of sex traf- block grants under this section. prosecute cases against offenders, including ficking with clothing and other daily neces- ‘‘(g) MATCH REQUIREMENT.—An eligible en- offenders who engage in the purchasing of sities needed to keep such victims from re- tity that receives a grant under this section commercial sex acts with a minor; and turning to living on the street; shall provide a non-Federal match in an ‘‘(2) recommendations, if any, regarding ‘‘(iv) case management services for minor amount equal to not less than— any legislative or administrative action the victims of sex trafficking; ‘‘(1) 15 percent of the grant during the first Comptroller General determines appropriate ‘‘(v) mental health counseling for minor year; to improve the ability described in para- victims of sex trafficking, including special- ‘‘(2) 25 percent of the grant during the first graph (1).’’. ized counseling and substance abuse treat- renewal period; ment; ‘‘(3) 40 percent of the grant during the sec- SEC. 1243. MODEL STATE CRIMINAL LAW PRO- ‘‘(vi) legal services for minor victims of sex ond renewal period; and TECTION FOR CHILD TRAFFICKING VICTIMS AND SURVIVORS. trafficking; ‘‘(4) 50 percent of the grant during the ‘‘(vii) specialized training for social service third renewal period. Section 225(b) of the Trafficking Victims providers, public sector personnel, and pri- ‘‘(h) NO LIMITATION ON SECTION 204 Reauthorization Act of 2008 (22 U.S.C. 7101 vate sector personnel likely to encounter sex GRANTS.—An entity that applies for a grant note) is amended— trafficking victims on issues related to the under section 204 is not prohibited from also (1) in paragraph (1), by striking ‘‘and’’ at sex trafficking of minors and severe forms of applying for a grant under this section. the end; trafficking in persons; ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— (2) by redesignating paragraph (2) as para- ‘‘(viii) outreach and education programs to There are authorized to be appropriated graph (3); and provide information about deterrence and $8,000,000 to the Attorney General for each of (3) by inserting after paragraph (1) the fol- prevention of sex trafficking of minors; the fiscal years 2014 through 2017 to carry lowing: ‘‘(ix) programs to provide treatment to in- out this section. ‘‘(2) protects children exploited through dividuals charged or cited with purchasing or ‘‘(j) GAO EVALUATION.—Not later than 30 prostitution by including safe harbor provi- attempting to purchase sex acts in cases months after the date of the enactment of sions that— where— this Act, the Comptroller General of the ‘‘(A) treat an individual under 18 years of ‘‘(I) a treatment program can be mandated United States shall submit a report to Con- age who has been arrested for engaging in, or as a condition of a sentence, fine, suspended gress that contains— attempting to engage in, a sexual act with sentence, or probation, or is an appropriate ‘‘(1) an evaluation of the impact of this another person in exchange for monetary alternative to criminal prosecution; and section in aiding minor victims of sex traf- compensation as a victim of a severe form of ‘‘(II) the individual was not charged with ficking in the jurisdiction of the entity re- trafficking in persons; purchasing or attempting to purchase sex ceiving the grant; and ‘‘(B) prohibit the charging or prosecution acts with a minor; and ‘‘(2) recommendations, if any, regarding of an individual described in subparagraph ‘‘(x) screening and referral of minor vic- any legislative or administrative action the (A) for a prostitution offense; tims of severe forms of trafficking in per- Comptroller General determines appro- ‘‘(C) require the referral of an individual sons. priate.’’. described in subparagraph (A) to appropriate ‘‘(3) APPLICATION.— (b) SUNSET PROVISION.—The amendment service providers, including comprehensive ‘‘(A) IN GENERAL.—Each eligible entity de- made by subsection (a) shall be effective dur- service or community-based programs that siring a grant under this section shall sub- ing the 4-year period beginning on the date provide assistance to child victims of com- mit an application to the Assistant Attorney of the enactment of this Act. mercial sexual exploitation; and General at such time, in such manner, and SEC. 1242. EXPANDING LOCAL LAW ENFORCE- ‘‘(D) provide that an individual described accompanied by such information as the As- MENT GRANTS FOR INVESTIGATIONS in subparagraph (A) shall not be required to sistant Attorney General may reasonably re- AND PROSECUTIONS OF TRAF- prove fraud, force, or coercion in order to re- FICKING. quire. ceive the protections described under this Section 204 of the Trafficking Victims Pro- ‘‘(B) CONTENTS.—Each application sub- paragraph;’’. tection Reauthorization Act of 2005 (42 mitted pursuant to subparagraph (A) shall— U.S.C. 14044c) is amended— Subtitle C—Authorization of Appropriations ‘‘(i) describe the activities for which assist- (1) in subsection (a)(1)— SEC. 1251. ADJUSTMENT OF AUTHORIZATION ance under this section is sought; and (A) in subparagraph (A), by striking ‘‘, LEVELS FOR THE TRAFFICKING VIC- ‘‘(ii) provide such additional assurances as which involve United States citizens, or TIMS PROTECTION ACT OF 2000. the Assistant Attorney General determines aliens admitted for permanent residence, The Trafficking Victims Protection Act of to be essential to ensure compliance with the and’’; 2000 (22 U.S.C. 7101 et seq.) is amended— requirements of this section. (B) by redesignating subparagraphs (B), (1) in section 112A(b)(4) (22 U.S.C. ‘‘(4) EVALUATION.—The Assistant Attorney (C), and (D) as subparagraphs (C), (D), and 7109a(b)(4))— General shall enter into a contract with an (E), respectively; and (A) by striking ‘‘$2,000,000’’ and inserting academic or non-profit organization that has (C) by inserting after subparagraph (A) the ‘‘$1,000,000’’; and experience in issues related to sex traf- following: (B) by striking ‘‘2008 through 2011’’ and in- ficking of minors and evaluation of grant ‘‘(B) to train law enforcement personnel serting ‘‘2014 through 2017’’; and programs to conduct an annual evaluation of how to identify victims of severe forms of (2) in section 113 (22 U.S.C. 7110)— each grant made under this section to deter- trafficking in persons and related offenses;’’; (A) subsection (a)— mine the impact and effectiveness of pro- and (i) by striking ‘‘$5,500,000 for each of the grams funded with the grant. (D) in subparagraph (C), as redesignated, fiscal years 2008 through 2011’’ each place it ‘‘(c) MANDATORY EXCLUSION.—An eligible entity that receives a grant under this sec- by inserting ‘‘and prioritize the investiga- appears and inserting ‘‘$2,000,000 for each of tion that is found to have utilized grant tions and prosecutions of those cases involv- the fiscal years 2014 through 2017’’; funds for any unauthorized expenditure or ing minor victims’’ after ‘‘sex acts’’; (ii) by inserting ‘‘, including regional traf- otherwise unallowable cost shall not be eligi- (2) by redesignating subsection (d) as sub- ficking in persons officers,’’ after ‘‘for addi- ble for any grant funds awarded under the section (e); tional personnel,’’; and grant for 2 fiscal years following the year in (3) by inserting after subsection (c) the fol- (iii) by striking ‘‘, and $3,000 for official re- which the unauthorized expenditure or unal- lowing: ception and representation expenses’’; lowable cost is reported. ‘‘(d) NO LIMITATION ON SECTION 202 GRANT (B) in subsection (b)— ‘‘(d) COMPLIANCE REQUIREMENT.—An eligi- APPLICATIONS.—An entity that applies for a (i) in paragraph (1), by striking ‘‘$12,500,000 ble entity shall not be eligible to receive a grant under section 202 is not prohibited for each of the fiscal years 2008 through 2011’’ grant under this section if, during the 5 fis- from also applying for a grant under this sec- and inserting ‘‘$14,500,000 for each of the fis- cal years before the eligible entity submits tion.’’; cal years 2014 through 2017’’; and an application for the grant, the eligible en- (4) in subsection (e), as redesignated, by (ii) in paragraph (2), by striking ‘‘to the tity has been found to have violated the striking ‘‘$20,000,000 for each of the fiscal Secretary of Health and Human Services’’ terms or conditions of a Government grant years 2008 through 2011’’ and inserting and all that follows and inserting ‘‘$8,000,000

VerDate Mar 15 2010 23:46 Feb 12, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.002 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S607 to the Secretary of Health and Human Serv- participate in alternative to detention pro- operated by the Secretary of Health and ices for each of the fiscal years 2014 through grams, utilizing a continuum of alternatives Human Services. 2017.’’; based on the alien’s need for supervision, ‘‘(ii) MATTERS TO BE STUDIED.—In the study (C) in subsection (c)(1)— which may include placement of the alien required under clause (i), the Comptroller (i) in subparagraph (A), by striking ‘‘2008 with an individual or an organizational spon- General shall— collect information and ana- through 2011’’ each place it appears and in- sor, or in a supervised group home.’’. lyze the following: serting ‘‘2014 through 2017’’; SEC. 1262. APPOINTMENT OF CHILD ADVOCATES ‘‘(I) analyze the effectiveness of existing (ii) in subparagraph (B)— FOR UNACCOMPANIED MINORS. child advocate programs in improving out- (I) by striking ‘‘$15,000,000 for fiscal year Section 235(c)(6) of the William Wilberforce comes for trafficking victims and other vul- 2003 and $10,000,000 for each of the fiscal Trafficking Victims Protection Reauthoriza- nerable unaccompanied alien children; years 2008 through 2011’’ and inserting tion Act of 2008 (8 U.S.C. 1232(c)(6)) is amend- ‘‘(II) evaluate the implementation of child ‘‘$10,000,000 for each of the fiscal years 2014 ed— advocate programs in new sites pursuant to through 2017’’; and (1) by striking ‘‘The Secretary’’ and insert- subparagraph (B); (II) by striking ‘‘2008 through 2011’’ and in- ing the following: ‘‘(III) evaluate the extent to which eligible serting ‘‘2014 through 2017’’; and trafficking victims and other vulnerable un- ‘‘(A) IN GENERAL.—The Secretary’’; and (iii) in subparagraph (C), by striking ‘‘2008 (2) by striking ‘‘and criminal’’; and accompanied children are receiving child ad- through 2011’’ and inserting ‘‘2014 through vocate services and assess the possible budg- (3) by adding at the end the following: 2017’’; etary implications of increased participation ‘‘(B) APPOINTMENT OF CHILD ADVOCATES.— (D) in subsection (d)— in the program; ‘‘(i) INITIAL SITES.—Not later than 2 years (i) by redesignating subparagraphs (A) ‘‘(IV) evaluate the barriers to improving after the date of the enactment of the Vio- through (C) as paragraphs (1) through (3), re- outcomes for trafficking victims and other lence Against Women Reauthorization Act of spectively, and moving such paragraphs 2 vulnerable unaccompanied children; and 2013, the Secretary of Health and Human ems to the left; ‘‘(V) make recommendations on statutory Services shall appoint child advocates at 3 (ii) in the paragraph (1), as redesignated, changes to improve the Child Advocate Pro- new immigration detention sites to provide by striking ‘‘$10,000,000 for each of the fiscal gram in relation to the matters analyzed independent child advocates for trafficking years 2008 through 2011’’ and inserting under subclauses (I) through (IV). victims and vulnerable unaccompanied alien ‘‘$11,000,000 for each of the fiscal years 2014 ‘‘(iii) GAO REPORT.—Not later than 3 years children. through 2017’’; and after the date of the enactment of this Act, ‘‘(ii) ADDITIONAL SITES.—Not later than 3 (iii) in paragraph (3), as redesignated, by the Comptroller General of the United States years after the date of the enactment of the striking ‘‘to the Attorney General’’ and all shall submit the results of the study re- Violence Against Women Reauthorization that follows and inserting ‘‘$11,000,000 to the quired under this subparagraph to— Act of 2013, the Secretary shall appoint child Attorney General for each of the fiscal years ‘‘(I) the Committee on the Judiciary of the advocates at not more than 3 additional im- 2014 through 2017.’’; Senate; migration detention sites. (E) in subsection (e)— ‘‘(II) the Committee on Health, Education, ‘‘(iii) SELECTION OF SITES.—Sites at which (i) in paragraph (1), by striking ‘‘$15,000,000 Labor, and Pensions of the Senate; child advocate programs will be established for each of the fiscal years 2008 through 2011’’ ‘‘(III) the Committee on the Judiciary of under this subparagraph shall be located at and inserting ‘‘$7,500,000 for each of the fiscal the House of Representatives; and immigration detention sites at which more years 2014 through 2017’’; and ‘‘(IV) the Committee on Education and the than 50 children are held in immigration cus- (ii) in paragraph (2), by striking Workforce of the House of Representatives. tody, and shall be selected sequentially, with ‘‘$15,000,000 for each of the fiscal years 2008 ‘‘(F) AUTHORIZATION OF APPROPRIATIONS.— priority given to locations with— through 2011’’ and inserting ‘‘$7,500,000 for There are authorized to be appropriated to ‘‘(I) the largest number of unaccompanied each of the fiscal years 2014 through 2017’’; the Secretary and Human Services to carry alien children; and (F) in subsection (f), by striking out this subsection— ‘‘(II) the most vulnerable populations of ‘‘$10,000,000 for each of the fiscal years 2008 ‘‘(i) $1,000,000 for each of the fiscal years unaccompanied children. through 2011’’ and inserting ‘‘$5,000,000 for 2014 and 2015; and ‘‘(C) RESTRICTIONS.— each of the fiscal years 2014 through 2017’’; ‘‘(ii) $2,000,000 for each of the fiscal years ‘‘(i) ADMINISTRATIVE EXPENSES.—A child and 2016 and 2017.’’. advocate program may not use more that 10 (G) in subsection (i), by striking percent of the Federal funds received under SEC. 1263. ACCESS TO FEDERAL FOSTER CARE ‘‘$18,000,000 for each of the fiscal years 2008 AND UNACCOMPANIED REFUGEE this section for administrative expenses. through 2011’’ and inserting ‘‘$10,000,000 for MINOR PROTECTIONS FOR CERTAIN ‘‘(ii) NONEXCLUSIVITY.—Nothing in this sec- each of the fiscal years 2014 through 2017’’. U VISA RECIPIENTS. tion may be construed to restrict the ability Section 235(d)(4) of the William Wilberforce SEC. 1252. ADJUSTMENT OF AUTHORIZATION of a child advocate program under this sec- LEVELS FOR THE TRAFFICKING VIC- Trafficking Victims Protection Reauthoriza- TIMS PROTECTION REAUTHORIZA- tion to apply for or obtain funding from any tion Act of 2008 (8 U.S.C. 1232(d)(4)) is amend- TION ACT OF 2005. other source to carry out the programs de- ed— The Trafficking Victims Protection Reau- scribed in this section. (1) in subparagraph (A), thorization Act of 2005 (Public Law 109–164) is ‘‘(iii) CONTRIBUTION OF FUNDS.—A child ad- (A) by striking ‘‘either’’; amended— vocate program selected under this section (B) by striking ‘‘or who’’ and inserting a (1) by striking section 102(b)(7); and shall contribute non-Federal funds, either di- comma; and (2) in section 201(c)(2), by striking rectly or through in-kind contributions, to (C) by inserting ‘‘, or has been granted sta- ‘‘$1,000,000 for each of the fiscal years 2008 the costs of the child advocate program in an tus under section 101(a)(15)(U) of the Immi- through 2011’’ and inserting ‘‘$250,000 for each amount that is not less than 25 percent of gration and Nationality Act (8 U.S.C. of the fiscal years 2014 through 2017’’. the total amount of Federal funds received 1101(a)(15)(U)),’’ before ‘‘, shall be eligible’’; Subtitle D—Unaccompanied Alien Children by the child advocate program under this and section. In-kind contributions may not ex- SEC. 1261. APPROPRIATE CUSTODIAL SETTINGS (2) in subparagraph (B), by inserting ‘‘, or FOR UNACCOMPANIED MINORS WHO ceed 40 percent of the matching requirement status under section 101(a)(15)(U) of the Im- REACH THE AGE OF MAJORITY under this clause. migration and Nationality Act (8 U.S.C. WHILE IN FEDERAL CUSTODY. ‘‘(D) ANNUAL REPORT TO CONGRESS.—Not 1101(a)(15)(U)),’’ after ‘‘(8 U.S.C. Section 235(c)(2) of the William Wilberforce later than 1 year after the date of the enact- 1101(a)(27)(J))’’. Trafficking Victims Protection Reauthoriza- ment of the Violence Against Women Reau- SEC. 1264. GAO STUDY OF THE EFFECTIVENESS tion Act of 2008 (8 U.S.C. 1232(c)(2)) is amend- thorization Act of 2013, and annually there- OF BORDER SCREENINGS. ed— after, the Secretary of Health and Human (a) STUDY.— (1) by striking ‘‘Subject to’’ and inserting Services shall submit a report describing the (1) IN GENERAL.—The Comptroller General the following: activities undertaken by the Secretary to of the United States shall conduct a study ‘‘(A) MINORS IN DEPARTMENT OF HEALTH AND authorize the appointment of independent examining the effectiveness of screenings HUMAN SERVICES CUSTODY.—Subject to’’; and Child Advocates for trafficking victims and conducted by Department of Homeland Secu- (2) by adding at the end the following: vulnerable unaccompanied alien children to rity personnel in carrying out section ‘‘(B) ALIENS TRANSFERRED FROM DEPART- the Committee on the Judiciary of the Sen- 235(a)(4) of the William Wilberforce Traf- MENT OF HEALTH AND HUMAN SERVICES TO DE- ate and the Committee on the Judiciary of ficking Victims Protection Reauthorization PARTMENT OF HOMELAND SECURITY CUSTODY.— the House of Representatives. Act of 2008 (8 U.S.C. 1232(a)(4)). If a minor described in subparagraph (A) ‘‘(E) ASSESSMENT OF CHILD ADVOCATE PRO- (2) STUDY.—In carrying out paragraph (1), reaches 18 years of age and is transferred to GRAM.— the Comptroller General shall take into ac- the custody of the Secretary of Homeland ‘‘(i) IN GENERAL.—As soon as practicable count— Security, the Secretary shall consider place- after the date of the enactment of the Vio- (A) the degree to which Department of ment in the least restrictive setting avail- lence Against Women Reauthorization Act of Homeland Security personnel are adequately able after taking into account the alien’s 2013, the Comptroller General of the United ensuring that— danger to self, danger to the community, and States shall conduct a study regarding the (i) all children are being screened to deter- risk of flight. Such aliens shall be eligible to effectiveness of the Child Advocate Program mine whether they are described in section

VerDate Mar 15 2010 03:05 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.002 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S608 CONGRESSIONAL RECORD — SENATE February 12, 2013 235(a)(2)(A) of the William Wilberforce Traf- not isolated. There are 27 million vic- end modern-day slavery and human traf- ficking Victims Protection Reauthorization tims worldwide today according to the ficking around the world, is writing to ex- Act; Polaris Project. This amendment will press our strong support for amendment (ii) appropriate and reliable determina- help us to stop it by supporting both (#21) to the Violence Against Women Act (S. tions are being made about whether children 47). This critical amendment includes the are described in section 235(a)(2)(A) of such domestic and international efforts to text of S. 1301, the Trafficking Victims Pro- Act, including determinations of the age of fight against trafficking. tection Reauthorization Act (TVPRA), and such children; Just as important as it is to help us additional grant reporting requirements. (iii) children are repatriated in an appro- punish the perpetrators, the amend- As of September 30, 2011, the authoriza- priate manner, consistent with clauses (i) ment will help us rebuild the lives of tions contained in the Trafficking Victims through (iii) of section 235(a)(2)(C) of such those caught up in it. We know funds Protection Act (TVPA) expired. We urge Act; are always limited. We put in account- Senators to support amendment #21, which (iv) children are appropriately being per- ability measures to ensure the Federal reauthorizes the TVPA, provides additional mitted to withdraw their applications for ad- tools necessary to combat trafficking and mission, in accordance with section funds are used for their intended pur- modern-day slavery at home and abroad, and 235(a)(2)(B)(i) of such Act; poses. continues the fight to end modern-day slav- (v) children are being properly cared for Let us continue to have the United ery and human trafficking in our generation. while they are in the custody of the Depart- States as a beacon of hope to people Although the United States has taken sig- ment of Homeland Security and awaiting re- around the world. nificant steps to combat human trafficking patriation or transfer to the custody of the I ask unanimous consent to have through a comprehensive approach, much Secretary of Health and Human Services; printed in the RECORD letters in sup- more needs to be done. The scope of human and port of amendment 21, the Trafficking trafficking and slavery has come into sharp (vi) children are being transferred to the Victims Protection Reauthorization focus over the past years with an estimated custody of the Secretary of Health and 27 million slaves worldwide. Combined, Human Services in a manner that is con- Act, to S. 47, the Violence Against human trafficking and slavery are the sistent with such Act; and Women Reauthorization Act of 2013. world’s third largest criminal enterprises, (B) the number of such children that have There being no objection, the mate- after drugs and weapons. The United States been transferred to the custody of the De- rial was ordered to be printed in the can and should do more to help fight human partment of Health and Human Services, the RECORD, as follows: trafficking both domestically and inter- nationally. We urge passage of the amend- Federal funds expended to maintain custody AMERICANS FOR IMMIGRANT JUSTICE, of such children, and the Federal benefits Washington, DC, February 11, 2013. ment to continue U.S. leadership and further the victim-centered approach that has been available to such children, if any. Hon. PATRICK LEAHY, (3) ACCESS TO DEPARTMENT OF HOMELAND Chairman, Senate Committee on the Judiciary, crucial to combating human trafficking SECURITY OPERATIONS.— Dirksen Senate Office Building, Wash- around the world. (A) IN GENERAL.—Except as provided in ington, DC. Sincerely, subparagraph (B), for the purposes of con- DEAR CHAIRMAN LEAHY: Americans for Im- Coalition to Abolish Slavery and Traf- ducting the study described in subsection (a), migrant Justice (AI Justice), is writing to ficking (CAST), Coalition of the Secretary shall provide the Comptroller express our strong support for final passage Immokalee Workers (CIW), ECPAT– General with unrestricted access to all of the Violence Against Women Act (S. 47) USA, Free the Slaves, International stages of screenings and other interactions and amendment #21 to S. 47. This vital legis- Justice Mission, Not for Sale Cam- between Department of Homeland Security lation and amendment improves existing paign, Polaris Project, Safe Horizon, ´ personnel and children encountered by the VAWA programs and strengthens protections Solidarity Center, Verite, Vital Voices Comptroller General. for all victims of violence. Global Partnership, World Vision. (B) EXCEPTIONS.—The Secretary shall not AI Justice was established in 1996 and pro- permit unrestricted access under subpara- vides free legal services to immigrants of all FREEDOM NETWORK USA, graph (A) if the Secretary determines that nationalities, including immigrant victims February 11, 2013. the security of a particular interaction of domestic violence, sexual assault and Re Amendment #21 (Trafficking Victims would be threatened by such access. human trafficking. AI Justice’s specialized Protection Reauthorization Act) to S. 47 (b) REPORT TO CONGRESS.—Not later than 2 Lucha Project addresses survivors’ needs in a (Violence Against Women Act) years after the date of the commencement of holistic manner and engages all immigrant Hon. PATRICK LEAHY, the study described in subsection (a), the communities in an effort to end violence Chairman of the Senate Committee on the Judi- Comptroller General of the United States against women. We have assisted thousands ciary, Russell Senate Bldg., U.S. Senate, shall submit a report to the Committee on of immigrant survivors, and we understand Washington, DC. the Judiciary of the Senate and the Com- firsthand why this important legislation and DEAR MR. CHAIRMAN, The Freedom Net- mittee on the Judiciary of the House of Rep- amendment are needed. work (USA), which was established in 2001, is resentatives that contains the Commission’s The authorization in the Trafficking Vic- a coalition of 35 nongovernmental organiza- findings and recommendations. tims Protection Act (TVPA) expired on Sep- tions and individual experts that provide The PRESIDING OFFICER. The Sen- tember 30, 2011. We ask all Senators to sup- services to, and advocate for the rights of, ator from Vermont. port amendment #21, which reauthorizes the trafficking survivors in the United States. Mr. LEAHY. Mr. President, I have al- TVPA and provides additional tools nec- The Trafficking Victims Protection Reau- ready spoken about this, and I want to essary to combat trafficking and modern-day thorization Act (TVPRA), groundbreaking reiterate what I said earlier. Our coun- slavery at home and abroad. We urge all Sen- legislation which increased the U.S. govern- try, justifiably so, is a beacon of hope ators to oppose any attempt to weaken the ment’s efforts to protect victims, authorized bill and oppose any attempts to attach non- the government to strengthen efforts to for so many who face human rights germane amendments to S. 47. prosecute traffickers, and allowed for in- abuses. I think of what is written on The United States can and should do more creased prevention measures, funds some of the iconic Statue of Liberty; so many to help protect all victims and fight domes- the Freedom Network’s most vital programs, people come to our shores for freedom. tic violence and human trafficking. We urge including comprehensive case management, We also know there are many who are all Senators to vote for final passage of the shelter, and legal services. The Freedom Net- being held in these despicable traf- Violence Against Women Act and for amend- work enthusiastically commends and sup- ficking schemes around the world. ment #21, which reauthorizes the Trafficking ports you for introducing this vital legisla- There are children who are 11, 12, 13 Victims Protection Act. tion as an amendment (Amendment #21) to Sincerely, the bill to reauthorize the Violence Against years old being held, and we have to CORY W. SMITH, Women Act (VAWA) (Senate Bill 47). speak for them. Washington, DC Office Director, With an estimated 27 million victims of I hope all Senators will join me in Americans for Immigrant Justice. human trafficking worldwide, the United voting for this amendment. There are States should continue to lead the charge to protections for victims of trafficking ALLIANCE TO END SLAVERY end this human rights abuse. Throughout the in the reauthorization act. It is a bi- AND TRAFFICKING, course of the 112th Congress, the Freedom partisan bill written with the input of Washington, DC, February 11, 2013. Network worked fervently in support of the victims and service providers. It helps Sen. PATRICK LEAHY, TVPRA (S. 1301), which ultimately cul- us to more effectively fight human Russell Senate Bldg, U.S. Senate, minated in 57 co-sponsors from both sides of Washington, DC. the aisle by the end of 2012. Today, the Sen- trafficking, which is really modern-day DEAR CHAIRMAN LEAHY, The Alliance to ate will resume consideration of S. 47, and slavery. Whether people are trafficked End Slavery and Trafficking (ATEST), a di- they will debate Amendment #21 to author- in the sex trade—especially children— verse alliance of U.S.-based human rights or- ize appropriations for fiscal years 2014 or in forced labor, it is slavery. It is ganizations, acting with a shared agenda to through 2017 for the TVPRA, to enhance

VerDate Mar 15 2010 03:08 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.002 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S609 measures to combat trafficking in persons, paid, they are mistreated, and on many I do want to thank Senator RUBIO, and for other purposes. Both the TVPRA and occasions they are threatened that who was on the floor a few minutes ago VAWA are critical to survivors of human their family back home is going to be speaking about it. trafficking, domestic violence, and sexual as- hurt if they go to the authorities. I could not help but think, as I said sault. Thank you for your continued attention to We have had cases of this happening earlier, when I looked at the calendar this issue. Please contact Freedom Network in Florida. We have seen horrible cases today, February 12—the day on which Policy Co-Chairs Keeli Sorensen that have been documented in Florida. Abraham Lincoln was born; and 150 ([email protected]) and Ivy This is one of the issues I have become years ago, he delivered the Emanci- Suriyopas ([email protected]) if you passionate about, and anyone could be- pation Proclamation—wouldn’t it be have any questions. come passionate about, if ever a person great if the Senate passed the Traf- Sincerely yours, meets any of these survivors, these ficking Victims Protection Reauthor- BILL BERNSTEIN, young men and women who have sur- Co-Chair. ization Act on President Lincoln’s PATRICIA MEDIGE, vived some of the most brutal treat- birthday? Co-Chair. ment one can imagine. So this is a I also said earlier today that the Sen- SUZANNE TOMATORE, great step forward in reauthorizing not ate should be—often is—the conscience Co-Chair. just this bill but America’s example to of the Nation. I have to imagine that MEMBERS OF THE FREEDOM NETWORK (USA) the world that we take this issue seri- the conscience of the vast majority of American Gateways (TX); Americans for ously. our 300 million Americans—whether Immigrant Justice (FL); API Safety Center I also think this is an issue of aware- they are Republicans or Democrats; & Chaya (WA); Arizona League to End Re- ness. In the years to come, I hope we liberals, moderates, or conservatives; gional Human Trafficking (AZ); Asian Amer- will continue to talk about this issue Independents—their conscience would ican Legal Defense and Education Fund because there is still a lack of aware- rebel against the idea of, really, slave (NY); Asian Pacific Islander Legal Outreach (CA); Ayuda, Inc. (DC); Break the Chain ness in this country among many peo- trafficking, whether it is people Campaign, Institute for Policy Studies (DC); ple about how serious this problem trapped in the sex trade or in factories Coalition of Immokalee Workers Anti-Slav- truly is. I am grateful we will, hope- where they face the possibility, if there ery Campaign (FL); Coalition to Abolish fully, be able to move forward, and I is a fire, they are all going to die be- Slavery and Trafficking (CA); Colorado wish to thank the Senator from cause they are forced to be there. Legal Services (CO); Florida Freedom Part- Vermont for offering this amendment. Let’s speak. Let’s speak to the con- nership/Anti-Human Trafficking Program Should I yield the floor? science of this country. (FL); Florrie Burke (NY); Immigrant Women Mr. LEAHY. Mr. President, before Mr. President, have the yeas and and Children Project, City Bar Justice Cen- the Senator from Florida yields, I ap- nays been ordered on my amendment? ter (NY); International Institute of Buffalo preciate the strong support of Senator (NY); International Institute of St. Louis The PRESIDING OFFICER. They (MO). RUBIO. He has been the voice of reason have not. International Organization for Adolescents and consistency in this area and I ap- Mr. LEAHY. Mr. President, I ask for (IL); Kristen Heffernan (NY); Legal Aid preciate it. the yeas and nays. Foundation of Los Angeles (CA); LUCHA: A I suggest the absence of a quorum The PRESIDING OFFICER. Is there a Women’s Legal Project, Florida Immigrant with the time equally divided. sufficient second? Advocacy Center (FL); Maria Jose Fletcher The PRESIDING OFFICER. Without There appears to be a sufficient sec- (FL); Marianna Smirnova (CA); Martina objection, it is so ordered. ond. Vandenberg (DC); Mosaic Family Services The clerk will call the roll. The yeas and nays were ordered. (TX); My Sisters’ Place; National Immigrant The legislative clerk proceeded to Mr. LEAHY. Mr. President, I yield Justice Center (IL); Safe Horizon, Anti-Traf- call the roll. back all time. ficking Program and Streetwork Project Mr. GRASSLEY. Mr. President, I ask (NY); Sapna Patel (TX); Sex Workers The PRESIDING OFFICER. Project, Urban Justice Center (NY); South- unanimous consent that the order for The question is on agreeing to ern Poverty Law Center Immigrant Justice the quorum call be rescinded. amendment No. 21, as modified. Project (GA); Tapestri (GA); VIDA Legal As- The PRESIDING OFFICER. Without The yeas and nays were previously sistance (FL); Washington Anti-Trafficking objection, it is so ordered. ordered. Response Network (WA); Wisconsin Coalition Mr. GRASSLEY. Mr. President, I ask The clerk will call the roll. Against Sexual Assault (WI); Worker Justice permission to speak as in morning The assistant bill clerk called the Center of New York (NY). business for 8 minutes. roll. Mr. LEAHY. Let’s pass this. The PRESIDING OFFICER. The Sen- Mr. DURBIN. I announce that the Mr. President, I am going to suggest ator from Pennsylvania is recognized. Senator from New York (Mrs. GILLI- the absence of a quorum unless some- Mr. GRASSLEY. I thank the Chair. BRAND) is necessarily absent. body else seeks recognition. I see the (The remarks of Senator GRASSLEY Mr. CORNYN. The following Senator distinguished Senator from Florida on pertaining to the introduction of S. 281 is necessarily absent: the Senator from the floor, and I yield the floor. are printed in today’s RECORD under Arizona (Mr. MCCAIN). The PRESIDING OFFICER. The Sen- ‘‘Statements on Introduced Bills and The PRESIDING OFFICER. Are there ator from Florida. Joint Resolutions.’’) any other Senators in the Chamber de- Mr. RUBIO. Mr. President, I wish to Mr. GRASSLEY. Mr. President, I siring to vote? echo my support for this amendment suggest the absence of a quorum. The result was announced—yeas 93, which is, basically, the Trafficking The PRESIDING OFFICER. The nays 5, as follows: Victims Protection Act. clerk will call the roll. [Rollcall Vote No. 15 Leg.] Human trafficking is an issue which The bill clerk proceeded to call the YEAS—93 is shocking to people in its prevalence, roll. both in our country and around the Mr. LEAHY. Mr. President, I ask Alexander Coats Hagan Ayotte Cochran Harkin world. The idea of human slavery is unanimous consent that the order for Baldwin Collins Hatch something people think about as a his- the quorum call be rescinded. Barrasso Coons Heinrich torical issue, something that happened The PRESIDING OFFICER. Without Baucus Corker Heitkamp objection, it is so ordered. Begich Cornyn Heller a long time ago. The fact is it is hap- Bennet Cowan Hirono pening today all over the world, and it AMENDMENT NO. 21, AS MODIFIED Blumenthal Crapo Hoeven is happening in the United States. It is Mr. LEAHY. Mr. President, we are Blunt Cruz Isakson a tragic issue. going to vote in a couple minutes, but Boozman Donnelly Johanns There is not just sex trafficking, I would reiterate what I said earlier. Boxer Durbin Johnson (SD) Brown Enzi Kaine which gets all the attention and, obvi- This is going to be a vote on the Traf- Burr Feinstein King ously, is something that is very bad, ficking Victims Protection Reauthor- Cantwell Fischer Kirk but there is also labor trafficking. ization Act. It is a bill that was written Cardin Flake Klobuchar There are people in this country who with the input of victims and service Carper Franken Landrieu Casey Graham Lautenberg are brought here under false pretenses, providers. Last year, we had 57 cospon- Chambliss Grassley Leahy and when they get here they don’t get sors, including 15 Republicans.

VerDate Mar 15 2010 03:08 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.008 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S610 CONGRESSIONAL RECORD — SENATE February 12, 2013 Levin Portman Shelby civil, criminal and administrative matters, onstrated history of effective work address- Manchin Pryor Stabenow such as family law cases, housing cases, ing the needs of youth; or McCaskill Reed Tester child welfare proceedings, campus adminis- ‘‘(C) a public, charter, tribal, or nationally McConnell Reid Thune trative proceedings, and civil protection Menendez Risch Toomey accredited private middle or high school, a Merkley Roberts Udall (CO) order proceedings, population-specific serv- school administered by the Department of Mikulski Rockefeller Udall (NM) ices, and other activities that support youth Defense under section 2164 of title 10, United Moran Rubio Vitter in finding safety, stability, and justice and States Code or section 1402 of the Defense Murkowski Sanders Warner in addressing the emotional, cognitive, and Dependents’ Education Act of 1978, a group Murphy Schatz Warren physical effects of trauma. Funds may be of schools, a school district, or an institution Murray Schumer Whitehouse used to— of higher education. Nelson Scott Wicker ‘‘(A) assess and analyze currently available Paul Shaheen Wyden ‘‘(2) PARTNERSHIPS.— services for youth victims of domestic vio- ‘‘(A) EDUCATION.—To be eligible to receive NAYS—5 lence, dating violence, sexual assault, stalk- a grant for the purposes described in sub- Coburn Johnson (WI) Sessions ing, and sex trafficking, determining rel- section (b)(2), an entity described in para- Inhofe Lee evant barriers to such services in a par- graph (1) shall be partnered with a public, ticular locality, and developing a commu- charter, tribal, or nationally accredited pri- NOT VOTING—2 nity protocol to address such problems col- vate middle or high school, a school adminis- Gillibrand McCain laboratively; tered by the Department of Defense under The amendment (No. 21) was agreed ‘‘(B) develop and implement policies, prac- section 2164 of title 10, United States Code or tices, and procedures to effectively respond section 1402 of the Defense Dependents’ Edu- to. to domestic violence, dating violence, sexual Mr. LEAHY. Mr. President, I move to cation Act of 1978, a group of schools, a assault, stalking, or sex trafficking against school district, or an institution of higher reconsider the vote. youth; or education. Mr. MANCHIN. I move to lay that ‘‘(C) provide technical assistance and ‘‘(B) OTHER PARTNERSHIPS.—All applicants motion on the table. training to enhance the ability of school per- under this section are encouraged to work in The motion to lay upon the table was sonnel, victim service providers, child pro- partnership with organizations and agencies agreed to. tective service workers, staff of law enforce- that work with the relevant population. The PRESIDING OFFICER. The Sen- ment agencies, prosecutors, court personnel, Such entities may include— individuals who work in after school pro- ator from Vermont. ‘‘(i) a State, tribe, unit of local govern- grams, medical personnel, social workers, ment, or territory; AMENDMENT NO. 10 mental health personnel, and workers in ‘‘(ii) a population specific or community- Mr. LEAHY. Parliamentary inquiry: other programs that serve children and based organization; Under the previous order, we are now youth to improve their ability to appro- ‘‘(iii) batterer intervention programs or on amendment No. 10? priately respond to the needs of children and sex offender treatment programs with spe- youth who are victims of domestic violence, The PRESIDING OFFICER. The cialized knowledge and experience working dating violence, sexual assault, stalking, and with youth offenders; or amendment has not been made pend- sex trafficking, and to properly refer such ‘‘(iv) any other agencies or nonprofit, non- ing. children, youth, and their families to appro- governmental organizations with the capac- The Senator from Ohio. priate services. ity to provide effective assistance to the ‘‘(2) SUPPORTING YOUTH THROUGH EDUCATION Mr. PORTMAN. Mr. President, I call adult, youth, and child victims served by the AND PROTECTION.—To enable middle schools, up amendment No. 10. partnership. high schools, and institutions of higher edu- The PRESIDING OFFICER. The ‘‘(d) GRANTEE REQUIREMENTS.—Applicants clerk will report. cation to— ‘‘(A) provide training to school personnel, for grants under this section shall establish The bill clerk read as follows: including healthcare providers and security and implement policies, practices, and proce- The Senator from Ohio [Mr. PORTMAN] pro- personnel, on the needs of students who are dures that— poses an amendment numbered 10. victims of domestic violence, dating vio- ‘‘(1) require and include appropriate refer- lence, sexual assault, stalking, or sex traf- ral systems for child and youth victims; Mr. PORTMAN. Mr. President, I ask ‘‘(2) protect the confidentiality and privacy unanimous consent that the reading of ficking; ‘‘(B) develop and implement prevention of child and youth victim information, par- the amendment be dispensed with. and intervention policies in middle and high ticularly in the context of parental or third The PRESIDING OFFICER. Without schools, including appropriate responses to, party involvement and consent, mandatory objection, it is so ordered. and identification and referral procedures reporting duties, and working with other The amendment is as follows: for, students who are experiencing or perpe- service providers all with priority on victim safety and autonomy; and Strike section 302 and insert the following: trating domestic violence, dating violence, sexual assault, stalking, or sex trafficking, ‘‘(3) ensure that all individuals providing SEC. 302. CREATING HOPE THROUGH OUTREACH, intervention or prevention programming to OPTIONS, SERVICES, AND EDU- and procedures for handling the require- CATION FOR CHILDREN AND YOUTH. ments of court protective orders issued to or children or youth through a program funded under this section have completed, or will Subtitle L of the Violence Against Women against students; complete, sufficient training in connection Act of 1994 is amended by striking sections ‘‘(C) provide support services for student with domestic violence, dating violence, sex- 41201 through 41204 (42 U.S.C. 14043c through victims of domestic violence, dating vio- ual assault, stalking, and sex trafficking. 14043c–3) and inserting the following: lence, sexual assault, stalking, or sex traf- ficking, such as a resource person who is ei- ‘‘(e) DEFINITIONS AND GRANT CONDITIONS.— ‘‘SEC. 41201. CREATING HOPE THROUGH OUT- In this section, the definitions and grant REACH, OPTIONS, SERVICES, AND ther on-site or on-call; EDUCATION FOR CHILDREN AND ‘‘(D) implement developmentally appro- conditions provided for in section 40002 shall YOUTH (‘CHOOSE CHILDREN & priate educational programming for students apply. YOUTH’). regarding domestic violence, dating violence, ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(a) GRANTS AUTHORIZED.—The Attorney sexual assault, stalking, and sex trafficking There is authorized to be appropriated to General, working in collaboration with the and the impact of such violence on youth; or carry out this section, $15,000,000 for each of Secretary of Health and Human Services and ‘‘(E) develop strategies to increase identi- fiscal years 2014 through 2018. the Secretary of Education, shall award fication, support, referrals, and prevention ‘‘(g) ALLOTMENT.— grants to enhance the safety of youth and programming for youth who are at high risk ‘‘(1) IN GENERAL.—Not less than 50 percent children who are victims of, or exposed to, of domestic violence, dating violence, sexual of the total amount appropriated under this domestic violence, dating violence, sexual assault, stalking, or sex trafficking. section for each fiscal year shall be used for assault, stalking, or sex trafficking and pre- ‘‘(c) ELIGIBLE APPLICANTS.— the purposes described in subsection (b)(1). vent future violence. ‘‘(1) IN GENERAL.—To be eligible to receive ‘‘(2) INDIAN TRIBES.—Not less than 10 per- ‘‘(b) PROGRAM PURPOSES.—Funds provided a grant under this section, an entity shall cent of the total amount appropriated under under this section may be used for the fol- be— this section for each fiscal year shall be lowing program purpose areas: ‘‘(A) a victim service provider, tribal non- made available for grants under the program ‘‘(1) SERVICES TO ADVOCATE FOR AND RE- profit, or population-specific or community- authorized by section 2015 of the Omnibus SPOND TO YOUTH.—To develop, expand, and based organization with a demonstrated his- Crime Control and Safe Streets Act of 1968. strengthen victim-centered interventions tory of effective work addressing the needs The requirements of this section shall not and services that target youth who are vic- of youth who are, including runaway or apply to funds allocated under this para- tims of domestic violence, dating violence, homeless youth affected by, victims of do- graph. sexual assault, stalking, and sex trafficking. mestic violence, dating violence, sexual as- ‘‘(h) PRIORITY.—The Attorney General Services may include victim services, coun- sault, stalking, or sex trafficking; shall prioritize grant applications under this seling, advocacy, mentoring, educational ‘‘(B) a victim service provider that is section that coordinate with prevention pro- support, transportation, legal assistance in partnered with an entity that has a dem- grams in the community.’’.

VerDate Mar 15 2010 03:08 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.004 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S611 The PRESIDING OFFICER. The Sen- cess programs funded through VAWA Boozman Hatch Nelson ator from Ohio. for sexual assault victims. The Leahy- Boxer Heinrich Paul Brown Heitkamp Portman Mr. PORTMAN. Mr. President, this is Crapo Violence Against Women Reau- Burr Heller Pryor a commonsense amendment. We just thorization Act explicitly provides that Cantwell Hirono Reed voted on the Violence Against Women VAWA programs are to help victims of Cardin Hoeven Reid Carper Inhofe Act amendment for trafficking offered domestic violence, dating violence, sex- Risch Casey Isakson Roberts by Senator LEAHY. This is an amend- Chambliss Johanns ual assault, or stalking. That includes Rockefeller Coats Johnson (SD) ment that actually deals with the un- trafficking victims. That language was Rubio derlying legislation. It is really a clari- Coburn Johnson (WI) carefully crafted with advocates for Cochran Kaine Sanders fying amendment. victims of those crimes. Collins King Schatz I am pleased to be joined by Senators Accordingly, I believe that amend- Coons Kirk Schumer Scott BLUMENTHAL, AYOTTE, COLLINS, BROWN, ment 10 is unnecessary. It duplicates Corker Klobuchar Cornyn Landrieu Sessions COCHRAN, RUBIO, ALEXANDER, and and reiterates what the bill already Cowan Lautenberg Shaheen GILLIBRAND. It has to do with offering provides. So long as it does not harm Crapo Leahy Shelby protection and services to victims of and does not create confusion, I sup- Cruz Lee Stabenow sex trafficking under VAWA. This sim- Donnelly Levin Tester port it. The Senator from Oklahoma Durbin Manchin Thune ply says under section 302 of VAWA may accuse us of providing duplicative Enzi McCain Toomey that we ensure sex trafficking is cov- programs, but no one is going to sub- Feinstein McCaskill Udall (CO) ered. ject themselves to sexual assault just Fischer McConnell Udall (NM) Flake Menendez Right now youth and children who because they might be eligible for a Vitter Franken Merkley Warner are exposed to domestic violence, dat- Gillibrand VAWA program or help from a traf- Mikulski Warren Graham Moran ing violence, or sexual assault or stalk- ficking program. No individual victim Whitehouse Grassley Murkowski ing are covered but not sex trafficking. Wicker is going to somehow profit at tax- Hagan Murphy I think it is consistent with the amend- payers’ expense. The amendment is ac- Harkin Murray Wyden ment we just passed. It is also an im- cepted merely as further clarification The amendment (No. 10) was agreed portant clarification of the underlying of the availability of VAWA programs to. bill. to children who are both victims of Mr. LEAHY. Madam President, I There are about 300,000 young Ameri- trafficking and sexual assault. Sex move to reconsider. cans the FBI says are at risk today. trafficking victims are by definition Mr. MERKLEY. I move to lay that on This is a commonsense approach, and I also sexual assault victims. the table. would hope that all Senators on both I am not in favor of confusing pro- The motion to lay on the table was sides of the aisle would agree that sex gram administrators or taking pro- agreed to. trafficking should be covered by this gram funds away from victims of rape AMENDMENT NO. 11 act. and domestic violence. I have worked The PRESIDING OFFICER (Ms. Mr. LEAHY. Madam President, the hard not to pit victims against each distinguished Senator from Alaska, Ms. HEITKAMP). The Senator from Vermont. other. Instead, I have tried to provide MURKOWSKI, has filed amendment No. Mr. LEAHY. I agree with the Senator for the needs of all victims. from Ohio. I am perfectly willing to ac- 11, a technical fix to ensure that The PRESIDING OFFICER. The Sen- VAWA’s tribal provisions apply to cept this amendment by a voice vote, ator from Connecticut. and I do support it. Alaska. I now offer the amendment on Mr. BLUMENTHAL. Madam Presi- I am encouraged that the Senate has her behalf. I support this amendment dent, I want to again thank the chair- voted to pass the Trafficking Victims and I ask it be added to the bill. man of the Judiciary Committee, PAT- Protection Reauthorization Act, which The PRESIDING OFFICER. Without RICK LEAHY, for his leadership on this will let us make real progress in help- objection, the clerk will report the bill and on the issue of human traf- ing victims of human trafficking. I amendment. ficking. He has led this Chamber. The bill clerk read as follows: worked with Senator RUBIO last Con- I want to thank my colleague, Sen- gress to reauthorize and improve our The Senator from Vermont [Mr. LEAHY], ator PORTMAN, for truly a common- antitrafficking law and needed pro- for Ms. MURKOWSKI, proposes an amendment sense amendment that aims to combat numbered 11. grams. We were stymied by an anony- one of the great scourges in the United mous Republican objection. Today we Mr. LEAHY. I ask further reading of States and around the world, sex traf- achieved a breakthrough when the Sen- the amendment be dispensed with. ficking involving young people. We can ate voted to approve the Trafficking The PRESIDING OFFICER. Without take a strong step and send a strong Victims Protection Reauthorization objection, it is so ordered. message by providing the kinds of serv- The amendment is as follows: Act. I thank Senators from both sides of ices to young victims as we do to other Beginning on page 186, strike line 5 and all the aisle who have rejected the victims who receive aid under VAWA. I that follows through page 187, line 3, and in- sert the following: cramped view of the Heritage Founda- urge my colleagues to support this amendment. SEC. 905. TRIBAL PROTECTION ORDERS. tion and joined with us to make Section 2265 of title 18, United States Code, progress on this important issue, to The PRESIDING OFFICER. The Sen- ator’s time has expired. is amended by striking subsection (e) and in- help victims and to help prevent serting the following: Mr. PORTMAN. I ask for the yeas human trafficking. The vote the Sen- ‘‘(e) TRIBAL COURT JURISDICTION.—For pur- ate just took to approve vital and nays. poses of this section, a court of an Indian antitrafficking legislation will ensure The PRESIDING OFFICER. Is there a tribe shall have full civil jurisdiction to that resources and services get to traf- sufficient second? issue and enforce protection orders involving ficking victims in ways shown to work. There appears to be a sufficient sec- any person, including the authority to en- force any orders through civil contempt pro- By our action, we are improving and ond. The question is on agreeing to the ceedings, to exclude violators from Indian strengthening antitrafficking pro- land, and to use other appropriate mecha- grams. amendment. nisms, in matters arising anywhere in the I do not wish to conflate or confuse The clerk will call the roll. Indian country of the Indian tribe (as defined the two issues. The Violence Against The assistant bill clerk called the in section 1151) or otherwise within the au- Women Act provides programs for vic- roll. thority of the Indian tribe.’’. tims of sexual assault and domestic vi- The result was announced—yeas 100, Beginning on page 193, strike line 20 and olence. Trafficking is different, a nays 0, as follows: all that follows through page 194, line 3, and insert the following: unique form of abuse with separate [Rollcall Vote No. 16 Leg.] SEC. 910. SPECIAL RULE FOR THE STATE OF programs designed to address it in the YEAS—100 ALASKA. Trafficking Victims Protection Act. Alexander Barrasso Bennet (a) EXPANDED JURISDICTION.—In the State When trafficking victims also experi- Ayotte Baucus Blumenthal of Alaska, the amendments made by sections ence sexual assault, they can also ac- Baldwin Begich Blunt 904 and 905 shall only apply to the Indian

VerDate Mar 15 2010 03:06 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.030 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S612 CONGRESSIONAL RECORD — SENATE February 12, 2013 country (as defined in section 1151 of title 18, construes those findings. The amend- (NAPO), representing 241,000 rank-and-file of- United States Code) of the Metlakatla Indian ment states that the GAO identified ficers from across the United States, I write Community, Annette Island Reserve. $3.9 billion in ‘‘duplicative’’ grants pro- to you to inform you that we strongly oppose (b) RETAINED JURISDICTION.—The jurisdic- grams. That is simply not the case. proposed Amendment 15, offered by Senator tion and authority of each Indian tribe in The July 2012 GAO report states that Coburn, to the Violence Against Women Act the State of Alaska under section 2265(e) of Reauthorization of 2013 (S. 47). title 18, United States Code (as in effect on the total amount of grants awarded by the day before the date of enactment of this the Justice Department in fiscal year This amendment would mandate cuts of Act)— 2010 was only $3.6 billion. You cannot $780 million or more from Department of (1) shall remain in full force and effect; and have $3.9 billion in duplication when Justice grant programs. Those cuts would (2) are not limited or diminished by this the total amount of grant money have to come from programs that help vic- Act or any amendment made by this Act. awarded was less than that. tims of crime, like the Violence Against (c) SAVINGS PROVISION.—Nothing in this Women Act, or from aid to state and local More importantly, the GAO report law enforcement, among other important Act or an amendment made by this Act lim- did not actually conclude that there its or diminishes the jurisdiction of the grant programs. was duplication. The July report said State of Alaska, any subdivision of the State Mandating vast cuts in programs for vic- of Alaska, or any Indian tribe in the State of there was ‘‘the potential risk of unnec- essary duplication’’ and recommended tims and law enforcement at a time when Alaska. those programs are already being squeezed is that the Justice Department conduct The PRESIDING OFFICER. There bad policy. State and local governments rely will now be 2 minutes of debate, equal- an assessment to determine if grant on vital federal assistance, including for bul- ly divided. programs could be consolidated to let proof vests and other life-saving equip- mitigate that risk. The GAO did not Mr. LEAHY. I yield back all time. ment. recommend any funding cuts and cer- This VAWA reauthorization already re- The PRESIDING OFFICER. Without tainly did not recommend the $780 mil- objection, it is so ordered. duces authorization levels and adds impor- lion cut that this amendment would re- tant accountability measures. These are If there is no further debate, the quire. As I have noted, our bill already question is on agreeing to the amend- careful, appropriate, and effective steps. The includes a 17-percent cut in authoriza- Coburn amendment would add sweeping and ment. tions. unprincipled mandated cuts which would The amendment (No. 11) was agreed The amendment offered by Senator decimate programs. For these reasons, we to. COBURN requires the Department of must strongly oppose it. AMENDMENT NO. 15 Justice to gut key grant programs. It Sincerely, The PRESIDING OFFICER. Under would mandate that the Department WILLIAM J. JOHNSON, Executive Director. the previous order, there will be 2 min- cut at least $780 million from its grant utes of debate, equally divided, prior to programs, many of which provide crit- a vote in relation to amendment No. 15, ical funding to law enforcement and NATIONAL TASK FORCE TO END SEX- offered by the Senator from Oklahoma, victim service providers. This would UAL AND DOMESTIC VIOLENCE AGAINST WOMEN, Mr. COBURN. have devastating effects on victims of rape and domestic violence, and I urge Washington, DC, February 8, 2013. Mr. COBURN. Madam President, this Senator PATRICK LEAHY, is an amendment that follows GAO rec- Senators to vote against it. Chair, Senate Committee on the Judiciary, U.S. ommendations with which the Justice The amendment tries to sugarcoat Senate, Washington, DC. Department agreed in terms of an the damage it will do by reference to untested rape kits. In fact, it is the DEAR SENATOR LEAHY: The National Task audit on the duplication within their Force to End Sexual and Domestic Violence program. As a matter of fact, I have amendment that is duplicative. We represents thousands of national, tribal, the data where the Justice Department have established the Debbie Smith Act state, territorial and local organizations, as actually concurred with the GAO on it. to reduce the backlog of untested rape well as survivors of domestic violence, dat- The purpose of the amendment is to kits and the Leahy-Crapo bill already ing violence, sexual assault, and stalking. eliminate the backlog in DNA testing, includes measures to reduce the back- We are committed to securing an end to vio- both in terms of rape kits and CODIS. log through core VAWA programs and lence against women. National Task Force The Cornyn amendment improved the through the inclusion of the SAFER to End Sexual and Domestic Violence agrees bill but does not direct the money nec- Act. that more funding should be made available essary. It is a small percentage, less By gutting grant programs to law en- for the rape kit backlog and other critical victim services and notes that significant than 2 percent over 10 years out of that forcement and victims, the Coburn amendment does not help victims of provisions to do this and address the crime bill, less than 2 percent of 1 year’s of rape are already included in S. 47. spending. We spent $40 million for 10 rape, who rely on victim service pro- years on these grants and what we are viders funded with these grants and on On the other hand, the National Task asking for is .4 of 1 percent to help law enforcement who count on Federal Force to End Sexual and Domestic Violence is opposed to Amendment No. 15 to S. 47, pro- solve the backlog on all the DNA cases. support. Mandating vast cuts in pro- posed by Senator Coburn. Senator Coburn’s The PRESIDING OFFICER. The Sen- grams for victims and law enforcement at a time when those programs are al- amendment has the ostensible goal of saving ator from Vermont. money on administrative costs in order to Mr. LEAHY. The bipartisan Leahy- ready being squeezed is bad policy. redirect those funds to address the nation’s Crapo Violence Against Women Reau- These grant programs save lives. The rape kit backlog. But the amendment’s man- thorization Act already reduces au- amendment is bad for victims and bad dates would ultimately cost so much money thorization levels and adds important for law enforcement. I urge Senators to themselves—that they could not generate accountability measures. These are oppose it. the proposed savings promised to alleviate careful, appropriate, and effective I ask unanimous consent to have the rape kit backlog. steps. The Coburn amendment would printed in the RECORD letters in opposi- This amendment would mandate cuts of mandate sweeping cuts which would tion to amendment No. 15 to S. 47, the more than $700 million to Department of decimate programs. The amendment is Violence Against Women Reauthoriza- Justice grant programs, eviscerating serv- opposed by law enforcement, including tion Act of 2013. ices to victims of all crimes and decimating the National Association of Police Or- There being no objection, the mate- justice system responses to crime. ganizations, and by the National Task rial was ordered to be printed in the This amendment also requires a top to bot- Force to End Sexual and Domestic Vio- RECORD, as follows: tom review of every program in the Depart- lence Against Women. NATIONAL ASSOCIATION ment of Justice, every staff position in the Of course we all want to combat OF POLICE ORGANIZATIONS, INC., Department of Justice, and every staff per- Alexandria, Virginia, February 11, 2013. son hired by every contractor engaged by the fraud, waste, and abuse. But this Hon. PATRICK LEAHY, Department of Justice. An audit of this amendment is not the way to do it. The Chairman, Senate Judiciary Committee, Wash- scope is simply unworkable and would drain amendment purports to be based on ington, DC. valuable resources that would otherwise sup- findings by the U.S. Government Ac- DEAR CHAIRMAN LEAHY: On behalf of the port law enforcement agencies, courts, pros- countability Office, GAO, but it mis- National Association of Police Organizations ecutors’ office, and victim services, leaving

VerDate Mar 15 2010 03:07 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.011 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S613 victims of all forms of crime vulnerable to NAYS—53 services for sexual assault victims. great harm. Baldwin Hagan Nelson There is also already a five percent The audit proposed in Amendment No. 15 Baucus Harkin Pryor penalty in the law for those who don’t would require the Department of Justice to Begich Heinrich Reed provide HIV testing. investigate every one of its approximately Bennet Heitkamp Reid 110,000 employees, including U.S. Attorneys, Blumenthal Hirono Rockefeller However, the amendment would man- Boxer Johnson (SD) Sanders date that states force tests on defend- FBI agents, federal marshals, ATF employ- Brown Kaine ees, federal prison employees, in search of Schatz ants, those accused of crimes but not Cantwell King Schumer supposed duplications and waste. The U.S. Cardin Klobuchar tried or convicted. To require such Shaheen Department of Justice has 38 agencies and is Carper Landrieu Stabenow testing within 48 hours of information Casey Lautenberg the largest law enforcement agency in this Tester or indictment is practically difficult or Coons Leahy country; to hamper its incredibly important Udall (CO) impossible for many states and violates work fighting crime every day with an audit Cowan Levin Donnelly Menendez Udall (NM) the state constitution in others. This that may or may not yield proof of duplica- Durbin Merkley Warner amendment sets up requirements that tion or waste, is an injustice to all of the Warren Feinstein Mikulski many state and local governments can- people the Justice Department is bound to Franken Murphy Whitehouse protect and serve. A review of this size and Gillibrand Murray Wyden not comply with and will cause states scope would clearly cost hundreds of mil- to lose millions in assistance that NOT VOTING—1 lions of dollars, a growth of government helps victims of rape and domestic vio- functions that is unconscionable in a time of Alexander lence. fiscal crisis. The amendment (No. 15) was rejected. The Senator from Oklahoma has con- There is an easier and much less expensive Mr. LEAHY. Madam President, I sistently voted against VAWA. That is way to reduce administrative costs in order move to reconsider the vote. his right. But we should not make the to dedicate more funding to direct services— Mr. LEVIN. I move to lay that mo- and that is accomplished in S. 47. S. 47 con- programs more difficult for law en- solidates 13 existing programs in the Office tion on the table. The motion to lay on forcement and victims because he does on Violence Against Women into 4 programs. the table was agreed to. not support them. This is not the right S. 47 already addresses duplication and po- f way to reduce government—by setting tential waste in Violence Against Women up government mandates that law en- Act-funded programs through these consoli- RECESS forcement cannot meet and then cut- dations. S. 47 will free up more funds for di- The PRESIDING OFFICER. Under ting their assistance funding when rect services by consolidating administrative they cannot. I do not believe this one- functions—and will preserve desperately the previous order, the Senate stands needed services. in recess until 2:15 p.m. size-fits-all mandate from Washington Amendment No. 15 will require the Depart- Thereupon, the Senate, at 12:41 p.m., to our states is the right way to go. ment of Justice to spend hundreds of mil- recessed until 2:15 p.m. and reassem- A large majority of states are not in lions of dollars that could otherwise go to- bled when called to order by the Pre- compliance with this provision and ward direct services, meaning fewer victims siding Officer (Ms. BALDWIN). would lose crucial funds for preventing served and more programs closing. We ask rape and domestic violence and helping f you and your fellow Senators to vote NO on victims. These funds are particularly Amendment No. 15. VIOLENCE AGAINST WOMEN REAU- important in difficult economic times, Sincerely, THORIZATION ACT OF 2013—Con- and cutting them would be devastating THE MEMBER PROGRAMS OF THE NATIONAL TASK FORCE TO END SEXUAL AND DOMESTIC tinued for victims. The amendment’s mandate VIOLENCE. AMENDMENT NO. 16 is overly proscriptive and intrusive and would result in a loss of crucial serv- Mr. LEAHY. I ask for the yeas and The PRESIDING OFFICER. Under ices to many victims. That is why the nays. the previous order, there will be 2 min- utes of debate equally divided prior to National Task Force to End Sexual and The PRESIDING OFFICER. Is there a Domestic Violence Against Women sufficient second? a vote in relation to amendment No. 16 offered by the Senator from Oklahoma, strongly opposes this amendment. There is a sufficient second. I am willing to work on even more The question is on agreeing to the Mr. COBURN. The Senator from Oklahoma. ways to ensure that rape victims re- amendment. The clerk will call the ceive all needed treatment. But doing roll. Mr. COBURN. Madam President, this is simply an amendment that says if a so with measures that will punish the The assistant bill clerk called the woman is raped and there is an article rape victims themselves by denying roll. of indictment against the rapist, she them access to needed services is inhu- Mr. CORNYN. The following Senator ought to have a right to know the sexu- mane and counter-productive. I urge is necessarily absent: the Senator from ally transmitted diseases that rapist Senators to oppose this amendment. Tennessee (Mr. ALEXANDER ). carries. I ask unanimous consent to have Further, if present and voting, the I reserve the remainder of my time. printed in the RECORD letters in opposi- Senator from Tennessee (Mr. ALEX- The PRESIDING OFFICER. Who tion to amendment No. 16 to S. 47, the ANDER) would have voted ‘‘yea.’’ yields time? Violence Against Women Reauthoriza- The PRESIDING OFFICER. Are there The Senator from Vermont. tion Act of 2013. any other Senators in the Chamber de- Mr. LEAHY. The Senator from Okla- There being no objection, the mate- siring to vote? homa was a member of the Senate Ju- rial was ordered to be printed in the The result was announced—yeas 46, diciary Committee when the Violence RECORD, as follows: nays 53, as follows: Against Women Reauthorization Act NATIONAL TASK FORCE TO END SEX- [Rollcall Vote No. 17 Leg.] was considered and approved. He was a UAL AND DOMESTIC VIOLENCE member for many years and never AGAINST WOMEN YEAS—46 Hon. PATRICK LEAHY, came to me to raise this issue. It has Ayotte Flake Moran Chairman, Senate Judiciary Committee, U.S. Barrasso Graham Murkowski not been considered and its potential Senate, Washington, DC. Blunt Grassley Paul consequences of cutting 20 percent of DEAR CHAIRMAN LEAHY: The National Task Boozman Hatch Portman Federal assistance grants to states Burr Heller Force to End Sexual and Domestic Violence Risch that help law enforcement and encour- is comprised of national, tribal, state, terri- Chambliss Hoeven Roberts torial and local organizations, as well as in- Coats Inhofe Rubio age arrests in sexual assault and do- Coburn Isakson Scott mestic violence cases could be disas- dividuals, committed to securing an end to Cochran Johanns Sessions violence against women, and we are urging Collins Johnson (WI) trous. It is the wrong way to go. Shelby Senators to oppose Amendment No. 16 to S. Corker Kirk I think we all agree that victims of Thune 47, proposed by Senator Coburn. The Na- Cornyn Lee sexual assault should receive testing Toomey tional Task Force strongly supports the in- Crapo Manchin and treatment for sexually transmitted Cruz McCain Vitter creased availability of treatment options for Enzi McCaskill Wicker diseases. The Leahy-Crapo bill already victims of sexual violence who have acquired Fischer McConnell adds new coverage for HIV testing and a sexually transmitted infection as a result

VerDate Mar 15 2010 03:07 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.013 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S614 CONGRESSIONAL RECORD — SENATE February 12, 2013 of an assault. While ostensibly this amend- The PRESIDING OFFICER. Is there a which to challenge the validity of the ment addresses that issue, it in fact fun- sufficient second? court’s rulings. Under the special juris- damentally alters the purpose and approach There appears to be a sufficient sec- diction laid out in title IX, the defend- of one of VAWA’s key grant programs and se- ond. ant lacks both the ability to remove verely penalizes grant recipients for compli- There is a sufficient second. ance failures that may be impossible for his case to Federal court when appro- The clerk will call the roll. priate and the ability to appeal a deci- them to meet. The legislative clerk called the roll. The National Task Force would welcome sion to a Federal appeals court. While the addition of treatment to the existing The result was announced—yeas 43, nays 57, as follows: many tribal courts have proven to be language in S. 47 related to victim testing as consistent and fair as traditional and counseling and the expansion of this pur- [Rollcall Vote No. 18 Leg.] courts, the possibility of removal and pose area to include all sexually transmitted YEAS—43 appeal is key to the oversight that U.S. infections. Alexander Fischer Moran However, amendment 16 goes well beyond citizens rightfully expect in criminal Ayotte Flake Paul this recommendation. The amendment would Barrasso Graham Portman proceedings. require all recipients one of VAWA’s grant Blunt Grassley Risch For these reasons I respectfully urge programs to pay for sexual assault victims’ Boozman Hagan Roberts treatment for sexually transmitted infec- Burr Hatch Rubio my colleagues to oppose S. 47. Chambliss tions. Amendment 16 is overly prescriptive Hoeven Scott Ms. MIKULSKI. Madam President, I and fails to allow states and local govern- Coats Inhofe Sessions Coburn Isakson recognize the concerns of the Senator ments to address other pressing violence Shelby Cochran Johanns Thune from Oklahoma. His amendment has against women priorities in their commu- Corker Johnson (WI) Toomey nities. Additionally, it is administratively Cornyn Lee good intentions by seeking to find unworkable because grantees will have no Crapo Manchin Vitter ways to reduce duplication for all De- way to budget for unanticipated costs of Cruz McCain Wicker partment of Justice, DOJ, grants to treatment. Enzi McConnell State and local governments and non- Additionally, amendment 16 goes far be- NAYS—57 profit organizations. I agree with the yond current law to require grantees to cer- tify that state law requires testing offenders Baldwin Harkin Murphy Senator from Oklahoma that we need for all sexually transmitted infections or Baucus Heinrich Murray to pinch every penny. Begich Heitkamp Nelson risk lose 20% of their grant funding. Many Bennet Heller Pryor However, as chairwoman of both the states are already losing 5% of certain Blumenthal Hirono Reed Appropriations Committee and the grants for failure to comply with existing Boxer Johnson (SD) Reid law requiring HIV testing of offenders. Brown Kaine Rockefeller Subcommittee on Commerce, Justice Amendment 16 would result in 20% grant Cantwell King Sanders and Science, CJS, I must oppose the penalties for many local governments who Cardin Kirk Schatz amendment. It directs the Justice De- would have no way to comply. It is a one size Carper Klobuchar Schumer Casey Landrieu Shaheen partment to develop and implement a fits all approach to a grant program that was Collins Lautenberg Stabenow plan that eliminates, consolidates or designed specifically to meet critical com- Coons Leahy Tester streamlines seemingly similar existing munity priorities as identified by those com- Cowan Levin Udall (CO) grant programs to find at least $780 munities. Donnelly McCaskill Udall (NM) Sincerely, Durbin Menendez Warner million in savings. Then, regardless of NATIONAL TASK FORCE TO END Feinstein Merkley Warren whether or not duplication in grant SEXUAL AND DOMESTIC VIOLENCE Franken Mikulski Whitehouse programs is identified, $780 million Gillibrand Murkowski Wyden AGAINST WOMEN. would be automatically rescinded for The PRESIDING OFFICER. The Sen- The amendment (No. 16) was rejected. deficit reduction, unless DOJ chooses ator from Oklahoma. Mr. LEE. Madam President, today I to redirect a portion for DNA backlog Mr. COBURN. The people who oppose would like to address a provision of the reduction grants. it oppose it on the grounds they might Violence Against Women Act, S. 47, I oppose this amendment for two rea- not get as much money unless they ac- that is of great concern. Title IX of sons. First, the fiscal year 2013 Senate tually keep a woman from getting VAWA provides tribal courts with spe- raped twice—once by the system we set cial jurisdiction over non-Indians who CJS bill already rescinds over $61 mil- up and once by their attacker. are charged with crimes of domestic vi- lion from DOJ grants, coming on top of If Senators vote against this, what olence. While title IX requires tribal $93 million rescinded in the fiscal year they are saying is they don’t have any courts availing themselves of this spe- 2012 enacted bill. The Justice Depart- compassion for the women who don’t cial jurisdiction to provide the non-In- ment’s grant components are already know the status of the person who dian defendant ‘‘all other rights whose struggling to meet those mandatory re- raped them. Therefore, they go under protection is necessary under the Con- scissions. In order to meet an addi- treatment; they go through unknown stitution,’’ I am concerned that such tional $780 million, this amendment and severe psychological stress, having proceedings have the potential to de- would give the Department enormous to be repeatedly tested. prive U.S. citizens of crucial due proc- power to unilaterally terminate pro- We put this in the bill the last time ess rights, especially without further grams with no input from Congress. at 5 percent. All we did this time is connection to the existing Federal Second, Justice grants have already court system. raise it to 20 percent to try to reduce been slashed, and are likely to take First, title IX currently requires a this behavior in the States. more cuts in the coming months and The chairman of the Judiciary Com- defendant to be tried by an impartial years. Since fiscal year 2010, DOJ mittee voted for this last time. So to jury drawn from sources that ‘‘reflect a grants have been cut by more than $1.5 say what we are doing is not in the best fair cross section of the community.’’ billion, a 41 percent reduction, from interests of women is wrong. If some- We are always concerned that the pop- $3.6 billion in fiscal year 2010 to $2.1 bil- one really thinks women ought to get ulation from which a jury is drawn not lion in fiscal year 2012, shifting the raped twice, vote against this amend- result in bias against a defendant who burden of crime fighting to State and ment. may not be part of the same race, cul- The PRESIDING OFFICER. The time ture, or religion as the jurors. While local governments where budgets are of the Senator has expired. the population of many Indian lands also stressed. Should sequestration Mr. LEAHY. Madam President, would consists of a wide variety of both Indi- kick in, grants will be cut by at least that it were so simple. The amendment ans and non-Indians, many parts of In- $110 million, or another 5 percent re- is simply going to take protections dian country are populated by Indians duction. This amendment would cut away from thousands of women, and who have close ties to one another but another $780 million from programs that is why I oppose it. limited interaction with non-Indians. I like Byrne Justice Assistance Grants, The PRESIDING OFFICER. The believe we must seek to minimize the COPS Hiring, youth mentoring, bullet- question is on agreeing to the amend- potential for bias against non-Indian proof vests, and the Violence Against ment. defendants under such circumstances. Women Act. Altogether, this would be Mr. COBURN. I ask for the yeas and Second, in State and Federal courts, an astounding cut of $2.4 billion, or 64 nays. the defendant has several options with percent, since fiscal year 2010.

VerDate Mar 15 2010 03:07 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.016 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S615 The Senator from Oklahoma and I The bill was ordered to be engrossed I, again, thank the Majority Leader agree that we need to be strong sen- for a third reading and was read the for making violence against women a tries over taxpayers’ funds. I have en- third time. priority for the Senate. We have been couraged the Attorney General to fol- The PRESIDING OFFICER. Under debating this measure since last Mon- low GAO’s recommendations, and he the previous order, there will be 2 min- day. We have considered a number of has responded by directing the Depart- utes of debate equally divided prior to amendments. In the legislative process ment to assess and consolidate grant a vote on passage of S. 47, as amended. we have been able to make additional programs when possible in order to pre- Mr. LEAHY. As the Senate now votes progress by adopting the bipartisan vent unnecessary duplication. But the on the Violence Against Women Reau- Trafficking Victims Protection Reau- Coburn amendment implements sweep- thorization Act, I hope we will join to- thorization Act, as well. ing cuts, which will impact every Jus- gether in a strong bipartisan majority I noted at the outset of this debate tice grant program. It will hurt our law to pass this important legislation. En- that by providing new tools and re- enforcement and community partners actment of our bill to help all victims sources to communities all around the at home, who are already struggling of domestic and sexual violence is over- country, we have helped bring the with limited tools to keep our families due. Together we can finally finish crimes of rape and domestic violence and neighborhoods safe and help vic- what we started last year. We are deep- out of the shadows. The Federal Gov- tims of crime. ly indebted to the women and men ernment is standing with the women of around the country who have been I oppose this amendment and urge this country and sent the message that working with us and have been stead- we would no longer tolerate their my colleagues to vote no. fast in their commitment to the vic- Mr. LEVIN. Madam President, as a treatment as second class citizens. Our tims and to our efforts to combat do- bill renews and reinforces that com- cosponsor of the Violence Against mestic violence, dating violence, stalk- Women Reauthorization Act of 2013, I mitment. ing, and sexual assault. Ending violence against women is urge my colleagues to adopt this im- The Violence Against Women Act has portant measure. not an easy problem to solve, but there been effective at preventing crimes and are simple and significant steps we can The issue before us is not partisan. It protecting victims. But there is so take right now, without delay, by pass- is not of importance to just one State much more to be done. The Centers for ing this legislation. We have worked or region, or to a single group or inter- Disease Control and Prevention’s re- hard to make this bill bipartisan and I est. It is manifestly in the interest of cent survey found that one in four am proud that it has more than 60 Sen- every American to reauthorize these women has been the victim of severe ate cosponsors. It also has the support important programs that have made physical domestic violence, and one in of more than 1400 local, state and na- such a difference in the lives of women five women has been raped in her life- tional organizations from around the and families across this country. time. More than half of the homicides country that work with victims every Since its passage, the Violence in my state of Vermont are related to day and know just how critical this law Against Women Act has provided com- domestic violence. This is simply unac- has been. I included their most recent prehensive support to survivors of do- ceptable. We can and we must do bet- letter of support with my remarks last mestic and sexual violence and to the ter. Monday. I, again, thank them for their Federal, State and local agencies that The Senate overwhelmingly passed tireless efforts. confront this scourge every day. The the Leahy-Crapo bill last April. In the nearly 10 months since then, thousands There remain some special interest original legislation passed in 1994 laid a lobbies and some Senators who do not strong foundation that helped establish of women around the country have been victimized. We have heard of too appreciate the role of the Federal Gov- a coordinated response to violence ernment in helping improve the lives of against women. Reauthorizations in many cases, yet the vast majority of these crimes are never reported at all. Americans. It is disappointed that Her- 2000 and 2005 strengthened that founda- itage Action and the Family Research tion. Today, through violence preven- I cannot help but feel that some of those crimes could have been pre- Council are urging opposition to our bi- tion grants, services to survivors of partisan bill. I hope that Senators will sexual assault, legal assistance, transi- vented. Some of those victims could have gotten more assistance. Congress listen, instead, to the victims and to tional housing grants, assistance to law enforcement and to the more than law enforcement agencies and prosecu- should not delay any longer. Our bill offers support for those tech- 1400 national, state, and local organiza- tors and other efforts, VAWA has made tions that strongly support our Vio- an enormous difference. niques already proven in the field that help identify high-risk cases and pre- lence Against Women Reauthorization Deaths due to violent acts by inti- vent domestic violence homicides. It Act. mate partners have decreased signifi- will increase VAWA’s focus on rape vic- If anyone needs a reminder of how cantly. And according to a cost-benefit tims and push colleges to strengthen important government help can be, analysis, VAWA saved nearly $15 bil- their efforts to protect students from just think about the way that Federal lion in its first 6 years of existence by domestic and sexual violence. This re- and local law enforcement worked to- avoiding the high social costs violence authorization will allow us to make gether last week to rescue Ethan, a 5- against women exacts on our Nation. real progress in addressing the horri- year-old kidnapped boy, from an under- William T. Robinson, the president of fying epidemic of domestic violence in ground bunker in Alabama, where he the American Bar Association, calls tribal communities. This bipartisan had been held hostage for almost a VAWA ‘‘the single most effective fed- bill will allow services to get to those week. Ask the family and local law en- eral effort to respond to the epidemic in the LGBT community who have had forcement if they appreciated the help of domestic violence, dating violence, trouble accessing services in the past. of the FBI, the Defense Department sexual assault and stalking in this The bill also includes key improve- and so many who contributed to the country.’’ ments for immigrant victims of domes- safe return of that innocent victim. I had hoped the Congress would act tic and sexual violence. Every day across this nation we are to reauthorize VAWA last year. There All of these provisions were included reminded of the importance of pro- is no reason that today we cannot pass because victims and the people who grams like the Violence Against this legislation with overwhelming bi- work with them every day told us they Women Act. Our bipartisan bill does partisan support. Doing so will make were needed to prevent crimes and pro- more than protect victims of domestic an enormous difference in protecting vide better assistance to victims. We violence. It also contains provisions to women from domestic abuse and other are trying to help victims and prevent protect victims of stalking. This morn- forms of violence. And it will make a crime. We have been working to get ing the Washington Post reported that strong statement that the Senate is this bill through the Senate and to the a ‘‘man stalking one of his victims shot united in our desire to ensure that our House so we can quickly get a good bill and killed two women waiting to pass mothers, wives, sisters, and daughters to the President for his signature. We through metal detectors at a court- will continue to receive that protec- cannot afford further delay while more house . . . Two male police officers also tion. victims suffer unnecessarily. were struck by bullets . . . but were

VerDate Mar 15 2010 05:51 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.005 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S616 CONGRESSIONAL RECORD — SENATE February 12, 2013 saved by their bullet-proof vests.’’ This is such strong support of it, including TITLE I—ENHANCING JUDICIAL AND LAW episode should remind us all that after Senator CRAPO, Senator MIKULSKI, Sen- ENFORCEMENT TOOLS TO COMBAT VI- working to reauthorize and reinvigo- ator MURKOWSKI, Senator MURRAY, OLENCE AGAINST WOMEN rate the Violence Against Women Act, Senator KLOBUCHAR, Senator COONS, Sec. 101. Stop grants. Sec. 102. Grants to encourage arrest policies we must also reauthorize the Bullet Senator COLLINS, Senator SHAHEEN, and enforcement of protection Proof Vest program so that more of our Senator FRANKEN, Senator HAGAN, Sen- orders. law enforcement officials can be pro- ator CASEY, and so many others. I also Sec. 103. Legal assistance for victims. tected. thank their staffs and my own, includ- Sec. 104. Consolidation of grants to support I spent years in local law enforce- ing Kristine Lucius, Noah Bookbinder, families in the justice system. ment and have great respect for the Anya McMurray, Chris Leopold, Bryan Sec. 105. Sex offender management. men and women who protect us every Seeley, and Clark Flynt, for their Sec. 106. Court-appointed special advocate day. When I hear Senators say that we countless hours of work away from program. Sec. 107. Criminal provision relating to should not provide Federal assistance, their own families as we try to make we should not help officers get the pro- stalking, including all families safer and more secure. cyberstalking. tection they need with bulletproof The PRESIDING OFFICER. Who Sec. 108. Outreach and services to under- vests, or that we should not help the yields time in opposition? served populations grant. families of fallen public safety officers, Mr. GRASSLEY. Madam President, I Sec. 109. Culturally specific services grant. I strongly disagree. In our Federal sys- yield back our time. TITLE II—IMPROVING SERVICES FOR tem, we can help and when we can, we The PRESIDING OFFICER. The bill VICTIMS OF DOMESTIC VIOLENCE, should help. And that is exactly the op- having been read the third time, the DATING VIOLENCE, SEXUAL ASSAULT, portunity that is before us today. We question is, Shall it pass? AND STALKING have the power to help improve the Mr. LEAHY. Madam President, I ask Sec. 201. Sexual assault services program. lives of millions of people in this coun- for the yeas and nays. Sec. 202. Rural domestic violence, dating vi- try by renewing and expanding our The PRESIDING OFFICER. Is there a olence, sexual assault, stalking, and child abuse enforcement as- commitment to end domestic and sex- sufficient second? ual violence and strengthen our com- sistance. There is a sufficient second. Sec. 203. Training and services to end vio- mitment against human trafficking. A The clerk will call the roll. lence against women with dis- recent study from the Centers for Dis- The bill clerk called the roll. abilities grants. ease Control (CDC) found that more The result was announced—yeas 78, Sec. 204. Enhanced training and services to than 24 people per minute are the vic- nays 22, as follows: end abuse in later life. tims of rape, domestic violence and [Rollcall Vote No. 19 Leg.] TITLE III—SERVICES, PROTECTION, AND stalking in this country. We can take YEAS—78 JUSTICE FOR YOUNG VICTIMS OF VIO- action to change that and we must. LENCE I am proud that our bill seeks to sup- Alexander Flake Moran Ayotte Franken Murkowski Sec. 301. Rape prevention and education port all victims, regardless of their im- Baldwin Gillibrand Murphy grant. migration status, their sexual orienta- Baucus Hagan Murray Sec. 302. Creating hope through outreach, tion or their membership in an Indian Begich Harkin Nelson options, services, and education tribe. As I have said countless times on Bennet Heinrich Portman for children and youth. Blumenthal Heitkamp Pryor the floor of this chamber, ‘‘a victim is Sec. 303. Grants to combat violent crimes on Boxer Heller Reed campuses. a victim is a victim.’’ The Violence Brown Hirono Reid Sec. 304. Campus sexual violence, domestic Burr Hoeven Rockefeller Against Women Act is an example of violence, dating violence, and how the Federal Government can help Cantwell Isakson Sanders Cardin Johnson (SD) Schatz stalking education and preven- solve problems in cooperation with Carper Kaine Schumer tion. state and local communities. The fact Casey King Shaheen TITLE IV—VIOLENCE REDUCTION is that women are safer today because Chambliss Kirk Shelby PRACTICES Coats Klobuchar Stabenow of this law and there is no excuse not Cochran Landrieu Tester Sec. 401. Study conducted by the centers for to improve upon it and reauthorize it Collins Lautenberg Toomey disease control and prevention. without delay. We are working to pro- Coons Leahy Udall (CO) Sec. 402. Saving money and reducing trage- tect victims—all victims—of domestic Corker Levin Udall (NM) dies through prevention grants. Cowan Manchin Vitter and sexual violence. I urge all Senators Crapo McCain Warner TITLE V—STRENGTHENING THE to look past the narrow, ideological op- Donnelly McCaskill Warren HEALTHCARE SYSTEM’S RESPONSE TO position of some and join with us. That Durbin Menendez Whitehouse DOMESTIC VIOLENCE, DATING VIO- is what the former senior Senator from Feinstein Merkley Wicker LENCE, SEXUAL ASSAULT, AND Fischer Mikulski Wyden Texas, Senator Hutchison, did last year STALKING when her Republican substitute was re- NAYS—22 Sec. 501. Consolidation of grants to jected by the Senate. Barrasso Grassley Risch strengthen the healthcare sys- I hope that despite 14 Republican Blunt Hatch Roberts tem’s response to domestic vio- Boozman Inhofe lence, dating violence, sexual Senators not voting to proceed to con- Rubio Coburn Johanns Scott assault, and stalking. sider the bill and 35 Republican Sen- Cornyn Johnson (WI) Sessions TITLE VI—SAFE HOMES FOR VICTIMS OF Cruz Lee ators supporting what was a poor sub- Thune DOMESTIC VIOLENCE, DATING VIO- stitute offered and rejected early in Enzi McConnell Graham Paul LENCE, SEXUAL ASSAULT, AND this debate, we will have a strong bi- STALKING partisan vote for final passage. I urge The bill (S. 47), as amended, was passed, as follows: Sec. 601. Housing protections for victims of those who previously opposed our ef- domestic violence, dating vio- forts to improve the Violence Against S. 47 lence, sexual assault, and stalk- Women Act to join with us and help Be it enacted by the Senate and House of Rep- ing. the Senate send our strong bill to the resentatives of the United States of America in Sec. 602. Transitional housing assistance House of Representatives so that we Congress assembled, grants for victims of domestic can get it enacted. Despite the pre- SECTION 1. SHORT TITLE. violence, dating violence, sex- dictions by some that the Republican This Act may be cited as the ‘‘Violence ual assault, and stalking. Sec. 603. Addressing the housing needs of House of Representatives will refuse to Against Women Reauthorization Act of 2013’’. victims of domestic violence, consider the Senate bill, as it did last dating violence, sexual assault, year, I see reason for hope. Just yester- SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as fol- and stalking. day 17 Republican members of the lows: TITLE VII—ECONOMIC SECURITY FOR House wrote to their own leadership Sec. 1. Short title. VICTIMS OF VIOLENCE urging immediate reauthorization of Sec. 2. Table of contents. Sec. 701. National Resource Center on Work- VAWA. Sec. 3. Universal definitions and grant con- place Responses to assist vic- I thank the many Senators who have ditions. tims of domestic and sexual vi- helped shape this bill and have spoken Sec. 4. Effective date. olence.

VerDate Mar 15 2010 03:59 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0655 E:\CR\FM\G12FE6.040 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S617 TITLE VIII—PROTECTION OF BATTERED Sec. 1222. Protection against fraud in for- (6) by inserting after paragraph (5), as re- IMMIGRANTS eign labor contracting. designated, the following: Sec. 801. U nonimmigrant definition. PART III—ENSURING INTERAGENCY ‘‘(6) CULTURALLY SPECIFIC.—The term ‘cul- Sec. 802. Annual report on immigration ap- COORDINATION AND EXPANDED REPORTING turally specific’ means primarily directed to- ward racial and ethnic minority groups (as plications made by victims of Sec. 1231. Reporting requirements for the defined in section 1707(g) of the Public abuse. Attorney General. Sec. 803. Protection for children of VAWA Sec. 1232. Reporting requirements for the Health Service Act (42 U.S.C. 300u–6(g)). self-petitioners. Secretary of Labor. ‘‘(7) CULTURALLY SPECIFIC SERVICES.—The Sec. 804. Public charge. Sec. 1233. Information sharing to combat term ‘culturally specific services’ means Sec. 805. Requirements applicable to U visas. child labor and slave labor. community-based services that include cul- Sec. 806. Hardship waivers. turally relevant and linguistically specific Sec. 807. Protections for a fiance´e or fiance´ Sec. 1234. Government training efforts to in- clude the Department of Labor. services and resources to culturally specific of a citizen. communities.’’; Sec. 808. Regulation of international mar- Sec. 1235. GAO report on the use of foreign labor contractors. (7) in paragraph (8), as redesignated, by in- riage brokers. serting ‘‘or intimate partner’’ after ‘‘former Sec. 809. Eligibility of crime and trafficking Sec. 1236. Accountability. spouse’’ and ‘‘as a spouse’’; victims in the Commonwealth PART IV—ENHANCING STATE AND LOCAL (8) by inserting after paragraph (11), as re- of the Northern Mariana Is- EFFORTS TO COMBAT TRAFFICKING IN PERSONS designated, the following: lands to adjust status. Sec. 1241. Assistance for domestic minor sex ‘‘(12) HOMELESS.—The term ‘homeless’ has Sec. 810. Disclosure of information for na- trafficking victims. the meaning provided in section 41403(6).’’; tional security purposes. Sec. 1242. Expanding local law enforcement (9) in paragraph (18), as redesignated, by TITLE IX—SAFETY FOR INDIAN WOMEN grants for investigations and inserting ‘‘or Village Public Safety Officers’’ Sec. 901. Grants to Indian tribal govern- prosecutions of trafficking. after ‘‘governmental victim services pro- ments. Sec. 1243. Model State criminal law protec- grams’’; Sec. 902. Grants to Indian tribal coalitions. tion for child trafficking vic- (10) in paragraph (19), as redesignated, by Sec. 903. Consultation. tims and survivors. inserting at the end the following: Sec. 904. Tribal jurisdiction over crimes of Subtitle C—Authorization of Appropriations ‘‘Intake or referral, by itself, does not con- domestic violence. Sec. 1251. Adjustment of authorization lev- stitute legal assistance.’’; Sec. 905. Tribal protection orders. (11) by inserting after paragraph (19), as re- Sec. 906. Amendments to the Federal assault els for the Trafficking Victims designated, the following: statute. Protection Act of 2000. Sec. 907. Analysis and research on violence Sec. 1252. Adjustment of authorization lev- ‘‘(20) PERSONALLY IDENTIFYING INFORMATION OR PERSONAL INFORMATION.—The term ‘per- against Indian women. els for the Trafficking Victims Sec. 908. Effective dates; pilot project. Protection Reauthorization Act sonally identifying information’ or ‘personal Sec. 909. Indian law and order commission; of 2005. information’ means individually identifying information for or about an individual in- Report on the Alaska Rural Subtitle D—Unaccompanied Alien Children Justice and Law Enforcement cluding information likely to disclose the lo- Sec. 1261. Appropriate custodial settings for cation of a victim of domestic violence, dat- Commission. unaccompanied minors who Sec. 910. Special rule for the State of Alas- ing violence, sexual assault, or stalking, re- reach the age of majority while ka. gardless of whether the information is en- in Federal custody. coded, encrypted, hashed, or otherwise pro- TITLE X—SAFER ACT Sec. 1262. Appointment of child advocates tected, including— Sec. 1001. Short title. for unaccompanied minors. ‘‘(A) a first and last name; Sec. 1002. Debbie Smith grants for auditing Sec. 1263. Access to Federal foster care and ‘‘(B) a home or other physical address; sexual assault evidence back- unaccompanied refugee minor ‘‘(C) contact information (including a post- logs. protections for certain U Visa al, e-mail or Internet protocol address, or Sec. 1003. Reports to Congress. recipients. Sec. 1004. Reducing the rape kit backlog. telephone or facsimile number); Sec. 1264. GAO study of the effectiveness of ‘‘(D) a social security number, driver li- Sec. 1005. Oversight and accountability. border screenings. Sec. 1006. Sunset. cense number, passport number, or student SEC. 3. UNIVERSAL DEFINITIONS AND GRANT identification number; and TITLE XI—OTHER MATTERS CONDITIONS. ‘‘(E) any other information, including date Sec. 1101. Sexual abuse in custodial settings. (a) DEFINITIONS.—Subsection (a) of section of birth, racial or ethnic background, or reli- Sec. 1102. Anonymous online harassment. 40002 of the Violence Against Women Act of gious affiliation, that would serve to identify Sec. 1103. Stalker database. 1994 (42 U.S.C. 13925(a)) is amended— Sec. 1104. Federal victim assistants reau- any individual. (1) by striking paragraphs (5), (17), (18), thorization. ‘‘(21) POPULATION SPECIFIC ORGANIZATION.— Sec. 1105. Child abuse training programs for (23), (29), (33), (36), and (37); The term ‘population specific organization’ judicial personnel and practi- (2) by redesignating— means a nonprofit, nongovernmental organi- tioners reauthorization. (A) paragraphs (34) and (35) as paragraphs zation that primarily serves members of a (41) and (42), respectively; specific underserved population and has dem- TITLE XII—TRAFFICKING VICTIMS (B) paragraphs (30), (31), and (32) as para- onstrated experience and expertise providing PROTECTION graphs (36), (37), and (38), respectively; targeted services to members of that specific Subtitle A—Combating International (C) paragraphs (24) through (28) as para- underserved population. Trafficking in Persons graphs (30) through (34), respectively; ‘‘(22) POPULATION SPECIFIC SERVICES.—The Sec. 1201. Regional strategies for combating (D) paragraphs (21) and (22) as paragraphs term ‘population specific services’ means trafficking in persons. (26) and (27), respectively; victim-centered services that address the Sec. 1202. Partnerships against significant (E) paragraphs (19) and (20) as paragraphs safety, health, economic, legal, housing, trafficking in persons. (23) and (24), respectively; workplace, immigration, confidentiality, or Sec. 1203. Protection and assistance for vic- (F) paragraphs (10) through (16) as para- other needs of victims of domestic violence, tims of trafficking. graphs (13) through (19), respectively; dating violence, sexual assault, or stalking, Sec. 1204. Minimum standards for the elimi- (G) paragraphs (6), (7), (8), and (9) as para- and that are designed primarily for and are nation of trafficking. graphs (8), (9), (10), and (11), respectively; and targeted to a specific underserved popu- Sec. 1205. Best practices in trafficking in (H) paragraphs (1), (2), (3), and (4) as para- lation.’’; persons eradication. graphs (2), (3), (4), and (5), respectively; (12) in paragraph (23), as redesignated, by Sec. 1206. Protections for domestic workers (3) by inserting before paragraph (2), as re- striking ‘‘services’’ and inserting ‘‘assist- and other nonimmigrants. Sec. 1207. Prevention of child marriage. designated, the following: ance’’; Sec. 1208. Child soldiers. ‘‘(1) ALASKA NATIVE VILLAGE.—The term (13) by inserting after paragraph (24), as re- ‘Alaska Native village’ has the same mean- designated, the following: Subtitle B—Combating Trafficking in ing given such term in the Alaska Native ‘‘(25) RAPE CRISIS CENTER.—The term ‘rape Persons in the United States Claims Settlement Act (43 U.S.C. 1601 et crisis center’ means a nonprofit, nongovern- PART I—PENALTIES AGAINST TRAFFICKERS seq.).’’; mental, or tribal organization, or govern- AND OTHER CRIMES (4) in paragraph (3), as redesignated, by mental entity in a State other than a Terri- Sec. 1211. Criminal trafficking offenses. striking ‘‘serious harm.’’ and inserting ‘‘seri- tory that provides intervention and related Sec. 1212. Civil remedies; clarifying defini- ous harm to an unemancipated minor.’’; assistance, as specified in section tion. (5) in paragraph (4), as redesignated, by 41601(b)(2)(C), to victims of sexual assault PART II—ENSURING AVAILABILITY OF striking ‘‘The term’’ through ‘‘that—’’ and without regard to their age. In the case of a POSSIBLE WITNESSES AND INFORMANTS inserting ‘‘The term ‘community-based orga- governmental entity, the entity may not be Sec. 1221. Protections for trafficking victims nization’ means a nonprofit, nongovern- part of the criminal justice system (such as who cooperate with law en- mental, or tribal organization that serves a a law enforcement agency) and must be able forcement. specific geographic community that—’’; to offer a comparable level of confidentiality

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as a nonprofit entity that provides similar ‘‘(44) VICTIM SERVICES OR SERVICES.—The ‘‘(E) STATUTORILY MANDATED REPORTS OF victim services.’’; terms ‘victim services’ and ‘services’ mean ABUSE OR NEGLECT.—Nothing in this section (14) in paragraph (26), as redesignated— services provided to victims of domestic vio- prohibits a grantee or subgrantee from re- (A) in subparagraph (A), by striking ‘‘or’’ lence, dating violence, sexual assault, or porting suspected abuse or neglect, as those after the semicolon; stalking, including telephonic or web-based terms are defined and specifically mandated (B) in subparagraph (B), by striking the pe- hotlines, legal advocacy, economic advocacy, by the State or tribe involved.’’; and riod and inserting ‘‘; or’’; and emergency and transitional shelter, accom- (E) by inserting after subparagraph (F), as (C) by inserting at the end the following: paniment and advocacy through medical, redesignated, the following: ‘‘(C) any federally recognized Indian civil or criminal justice, immigration, and ‘‘(G) CONFIDENTIALITY ASSESSMENT AND AS- tribe.’’; social support systems, crisis intervention, SURANCES.—Grantees and subgrantees must (15) in paragraph (27), as redesignated— short-term individual and group support document their compliance with the con- (A) by striking ‘‘52’’ and inserting ‘‘57’’; services, information and referrals, cul- fidentiality and privacy provisions required and turally specific services, population specific under this section.’’; (B) by striking ‘‘150,000’’ and inserting services, and other related supportive serv- (2) by striking paragraph (3) and inserting ‘‘250,000’’; ices. the following: (16) by inserting after paragraph (27), as re- ‘‘(45) YOUTH.—The term ‘youth’ means a ‘‘(3) APPROVED ACTIVITIES.—In carrying out designated, the following: person who is 11 to 24 years old.’’. the activities under this title, grantees and subgrantees may collaborate with or provide ‘‘(28) SEX TRAFFICKING.—The term ‘sex traf- (b) GRANTS CONDITIONS.—Subsection (b) of information to Federal, State, local, tribal, ficking’ means any conduct proscribed by section 40002 of the Violence Against Women and territorial public officials and agencies section 1591 of title 18, United States Code, Act of 1994 (42 U.S.C. 13925(b)) is amended— to develop and implement policies and de- whether or not the conduct occurs in inter- (1) in paragraph (2)— velop and promote State, local, or tribal leg- state or foreign commerce or within the spe- (A) in subparagraph (B), by striking islation or model codes designed to reduce or cial maritime and territorial jurisdiction of clauses (i) and (ii) and inserting the fol- eliminate domestic violence, dating vio- the United States. lowing: lence, sexual assault, and stalking.’’; ‘‘(29) SEXUAL ASSAULT.—The term ‘sexual ‘‘(i) disclose, reveal, or release any person- (3) in paragraph (7), by inserting at the end assault’ means any nonconsensual sexual act ally identifying information or individual in- the following: proscribed by Federal, tribal, or State law, formation collected in connection with serv- ‘‘Final reports of such evaluations shall be including when the victim lacks capacity to ices requested, utilized, or denied through made available to the public via the agency’s consent.’’; grantees’ and subgrantees’ programs, regard- website.’’; and (17) by inserting after paragraph (34), as re- less of whether the information has been en- (4) by inserting after paragraph (11) the fol- designated, the following: coded, encrypted, hashed, or otherwise pro- lowing: ‘‘(35) TRIBAL COALITION.—The term ‘tribal tected; or ‘‘(12) DELIVERY OF LEGAL ASSISTANCE.—Any coalition’ means an established nonprofit, ‘‘(ii) disclose, reveal, or release individual grantee or subgrantee providing legal assist- nongovernmental Indian organization, Alas- client information without the informed, ance with funds awarded under this title ka Native organization, or a Native Hawai- written, reasonably time-limited consent of shall comply with the eligibility require- ian organization that— the person (or in the case of an ments in section 1201(d) of the Violence ‘‘(A) provides education, support, and tech- unemancipated minor, the minor and the Against Women Act of 2000 (42 U.S.C. 3796gg– nical assistance to member Indian service parent or guardian or in the case of legal in- 6(d)). providers in a manner that enables those capacity, a court-appointed guardian) about ‘‘(13) CIVIL RIGHTS.— member providers to establish and maintain whom information is sought, whether for ‘‘(A) NONDISCRIMINATION.—No person in the culturally appropriate services, including this program or any other Federal, State, United States shall, on the basis of actual or shelter and rape crisis services, designed to tribal, or territorial grant program, except perceived race, color, religion, national ori- assist Indian women and the dependents of that consent for release may not be given by gin, sex, gender identity (as defined in para- those women who are victims of domestic vi- the abuser of the minor, incapacitated per- graph 249(c)(4) of title 18, United States olence, dating violence, sexual assault, and son, or the abuser of the other parent of the Code), sexual orientation, or disability, be stalking; and minor. excluded from participation in, be denied the ‘‘(B) is comprised of board and general If a minor or a person with a legally ap- benefits of, or be subjected to discrimination members that are representative of— pointed guardian is permitted by law to re- under any program or activity funded in ‘‘(i) the member service providers de- ceive services without the parent’s or guard- whole or in part with funds made available scribed in subparagraph (A); and ian’s consent, the minor or person with a under the Violence Against Women Act of ‘‘(ii) the tribal communities in which the guardian may release information without 1994 (title IV of Public Law 103–322; 108 Stat. services are being provided.’’; additional consent.’’; 1902), the Violence Against Women Act of (18) by inserting after paragraph (38), as re- (B) by amending subparagraph (D), to read 2000 (division B of Public Law 106–386; 114 designated, the following: as follows: Stat. 1491), the Violence Against Women and ‘‘(39) UNDERSERVED POPULATIONS.—The ‘‘(D) INFORMATION SHARING.— Department of Justice Reauthorization Act term ‘underserved populations’ means popu- ‘‘(i) Grantees and subgrantees may share— of 2005 (title IX of Public Law 109–162; 119 lations who face barriers in accessing and ‘‘(I) nonpersonally identifying data in the Stat. 3080), the Violence Against Women Re- using victim services, and includes popu- aggregate regarding services to their clients authorization Act of 2013, and any other pro- lations underserved because of geographic lo- and nonpersonally identifying demographic gram or activity funded in whole or in part cation, religion, sexual orientation, gender information in order to comply with Federal, with funds appropriated for grants, coopera- identity, underserved racial and ethnic popu- State, tribal, or territorial reporting, evalua- tive agreements, and other assistance admin- lations, populations underserved because of tion, or data collection requirements; istered by the Office on Violence Against special needs (such as language barriers, dis- ‘‘(II) court-generated information and law Women. abilities, alienage status, or age), and any enforcement-generated information con- ‘‘(B) EXCEPTION.—If sex segregation or sex- other population determined to be under- tained in secure, governmental registries for specific programming is necessary to the es- served by the Attorney General or by the protection order enforcement purposes; and sential operation of a program, nothing in Secretary of Health and Human Services, as ‘‘(III) law enforcement-generated and pros- this paragraph shall prevent any such pro- appropriate. ecution-generated information necessary for gram or activity from consideration of an in- ‘‘(40) UNIT OF LOCAL GOVERNMENT.—The law enforcement and prosecution purposes. dividual’s sex. In such circumstances, grant- term ‘unit of local government’ means any ‘‘(ii) In no circumstances may— ees may meet the requirements of this para- city, county, township, town, borough, par- ‘‘(I) an adult, youth, or child victim of do- graph by providing comparable services to ish, village, or other general purpose polit- mestic violence, dating violence, sexual as- individuals who cannot be provided with the ical subdivision of a State.’’; and sault, or stalking be required to provide a sex-segregated or sex-specific programming. (19) by inserting after paragraph (42), as re- consent to release his or her personally iden- ‘‘(C) DISCRIMINATION.—The authority of the designated, the following: tifying information as a condition of eligi- Attorney General and the Office of Justice ‘‘(43) VICTIM SERVICE PROVIDER.—The term bility for the services provided by the grant- Programs to enforce this paragraph shall be ‘victim service provider’ means a nonprofit, ee or subgrantee; the same as it is under section 3789d of title nongovernmental or tribal organization or ‘‘(II) any personally identifying informa- 42, United States Code. rape crisis center, including a State or tribal tion be shared in order to comply with Fed- ‘‘(D) CONSTRUCTION.—Nothing contained in coalition, that assists or advocates for do- eral, tribal, or State reporting, evaluation, this paragraph shall be construed, inter- mestic violence, dating violence, sexual as- or data collection requirements, whether for preted, or applied to supplant, displace, pre- sault, or stalking victims, including domes- this program or any other Federal, tribal, or empt, or otherwise diminish the responsibil- tic violence shelters, faith-based organiza- State grant program.’’; ities and liabilities under other State or Fed- tions, and other organizations, with a docu- (C) by redesignating subparagraph (E) as eral civil rights law, whether statutory or mented history of effective work concerning subparagraph (F); common. domestic violence, dating violence, sexual (D) by inserting after subparagraph (D) the ‘‘(14) CLARIFICATION OF VICTIM SERVICES AND assault, or stalking. following: LEGAL ASSISTANCE.—Victim services and

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legal assistance under this title also include ‘‘(B) NONPROFIT ORGANIZATION REQUIRE- this Act shall not take effect until the begin- services and assistance to victims of domes- MENTS.— ning of the fiscal year following the date of tic violence, dating violence, sexual assault, ‘‘(i) DEFINITION.—For purposes of this para- enactment of this Act. or stalking who are also victims of severe graph and the grant programs described in TITLE I—ENHANCING JUDICIAL AND LAW forms of trafficking in persons as defined by this Act, the term ‘nonprofit organization’ ENFORCEMENT TOOLS TO COMBAT VIO- section 103 of the Trafficking Victims Pro- means an organization that is described in LENCE AGAINST WOMEN tection Act of 2000 (22 U.S.C. 7102). section 501(c)(3) of the Internal Revenue Code SEC. 101. STOP GRANTS. ‘‘(15) CONFERRAL.— of 1986 and is exempt from taxation under Title I of the Omnibus Crime Control and ‘‘(A) IN GENERAL.—The Office on Violence section 501(a) of such Code. Safe Streets Act of 1968 (42 U.S.C. 3711 et Against Women shall establish a biennial ‘‘(ii) PROHIBITION.—The Attorney General seq.) is amended— conferral process with State and tribal coali- may not award a grant under any grant pro- (1) in section 1001(a)(18) (42 U.S.C. tions and technical assistance providers who gram described in this Act to a nonprofit or- 3793(a)(18)), by striking ‘‘$225,000,000 for each receive funding through grants administered ganization that holds money in offshore ac- of fiscal years 2007 through 2011’’ and insert- by the Office on Violence Against Women counts for the purpose of avoiding paying the ing ‘‘$222,000,000 for each of fiscal years 2014 and authorized by this Act, and other key tax described in section 511(a) of the Internal through 2018’’; stakeholders. Revenue Code of 1986. (2) in section 2001(b) (42 U.S.C. 3796gg(b))— ‘‘(B) AREAS COVERED.—The areas of con- ‘‘(iii) DISCLOSURE.—Each nonprofit organi- (A) in the matter preceding paragraph (1)— ferral under this paragraph shall include— zation that is awarded a grant under a grant (i) by striking ‘‘equipment’’ and inserting ‘‘(i) the administration of grants; program described in this Act and uses the ‘‘resources’’; and ‘‘(ii) unmet needs; procedures prescribed in regulations to cre- (ii) by inserting ‘‘for the protection and ‘‘(iii) promising practices in the field; and ate a rebuttable presumption of reasonable- safety of victims,’’ after ‘‘women,’’; ‘‘(iv) emerging trends. ness for the compensation of its officers, di- (B) in paragraph (1), by striking ‘‘sexual ‘‘(C) INITIAL CONFERRAL.—The first con- rectors, trustees and key employees, shall assault’’ and all that follows through ‘‘dat- ferral shall be initiated not later than 6 disclose to the Attorney General, in the ap- ing violence’’ and inserting ‘‘domestic vio- months after the date of enactment of the plication for the grant, the process for deter- lence, dating violence, sexual assault, and Violence Against Women Reauthorization mining such compensation, including the stalking, including the appropriate use of Act of 2013. independent persons involved in reviewing nonimmigrant status under subparagraphs ‘‘(D) REPORT.—Not later than 90 days after and approving such compensation, the com- (T) and (U) of section 101(a)(15) of the Immi- the conclusion of each conferral period, the parability data used, and contemporaneous gration and Nationality Act (8 U.S.C. Office on Violence Against Women shall pub- substantiation of the deliberation and deci- 1101(a))’’; lish a comprehensive report that— sion. Upon request, the Attorney General (C) in paragraph (2), by striking ‘‘sexual as- ‘‘(i) summarizes the issues presented dur- shall make the information disclosed under sault and domestic violence’’ and inserting ing conferral and what, if any, policies it in- this subsection available for public inspec- ‘‘domestic violence, dating violence, sexual tends to implement to address those issues; tion. assault, and stalking’’; ‘‘(ii) is made available to the public on the ‘‘(C) CONFERENCE EXPENDITURES.— (D) in paragraph (3), by striking ‘‘sexual Office on Violence Against Women’s website ‘‘(i) LIMITATION.—No amounts authorized assault and domestic violence’’ and inserting and submitted to the Committee on the Ju- to be appropriated to the Department of Jus- ‘‘domestic violence, dating violence, sexual diciary of the Senate and the Committee on tice under this Act may be used by the At- assault, and stalking, as well as the appro- the Judiciary of the House of Representa- torney General, or by any individual or orga- priate treatment of victims’’; tives. nization awarded discretionary funds (E) in paragraph (4)— (i) by striking ‘‘sexual assault and domes- ‘‘(16) ACCOUNTABILITY.—All grants awarded through a cooperative agreement under this tic violence’’ and inserting ‘‘domestic vio- by the Attorney General under this Act shall Act, to host or support any expenditure for lence, dating violence, sexual assault, and be subject to the following accountability conferences that uses more than $20,000 in stalking’’; and provisions: Department funds, unless the Deputy Attor- (ii) by inserting ‘‘, classifying,’’ after ‘‘(A) AUDIT REQUIREMENT.— ney General or such Assistant Attorney Gen- ‘‘identifying’’; ‘‘(i) IN GENERAL.—Beginning in the first fis- erals, Directors, or principal deputies as the (F) in paragraph (5)— cal year beginning after the date of the en- Deputy Attorney General may designate, (i) by inserting ‘‘and legal assistance’’ actment of this Act, and in each fiscal year provides prior written authorization that the after ‘‘victim services’’; thereafter, the Inspector General of the De- funds may be expended to host a conference. (ii) by striking ‘‘domestic violence and dat- partment of Justice shall conduct audits of ‘‘(ii) WRITTEN APPROVAL.—Written ap- proval under clause (i) shall include a writ- ing violence’’ and inserting ‘‘domestic vio- recipients of grants under this Act to pre- lence, dating violence, and stalking’’; and vent waste, fraud, and abuse of funds by ten estimate of all costs associated with the conference, including the cost of all food and (iii) by striking ‘‘sexual assault and domes- grantees. The Inspector General shall deter- tic violence’’ and inserting ‘‘domestic vio- mine the appropriate number of grantees to beverages, audiovisual equipment, honoraria for speakers, and any entertainment. lence, dating violence, sexual assault, and be audited each year. stalking’’; ‘‘(ii) DEFINITION.—In this paragraph, the ‘‘(iii) REPORT.—The Deputy Attorney Gen- eral shall submit an annual report to the (G) by striking paragraph (6) and redesig- term ‘unresolved audit finding’ means a find- nating paragraphs (7) through (14) as para- ing in the final audit report of the Inspector Committee on the Judiciary of the Senate and the Committee on the Judiciary of the graphs (6) through (13), respectively; General of the Department of Justice that (H) in paragraph (6), as redesignated by the audited grantee has utilized grant funds House of Representatives on all approved conference expenditures referenced in this subparagraph (G), by striking ‘‘sexual as- for an unauthorized expenditure or otherwise sault and domestic violence’’ and inserting paragraph. unallowable cost that is not closed or re- ‘‘domestic violence, dating violence, sexual ‘‘(D) ANNUAL CERTIFICATION.—Beginning in solved within 12 months from the date when assault, and stalking’’; the first fiscal year beginning after the date the final audit report is issued. (I) in paragraph (7), as redesignated by sub- of the enactment of this Act, the Attorney ‘‘(iii) MANDATORY EXCLUSION.—A recipient paragraph (G), by striking ‘‘and dating vio- General shall submit, to the Committee on of grant funds under this Act that is found to lence’’ and inserting ‘‘dating violence, and the Judiciary and the Committee on Appro- have an unresolved audit finding shall not be stalking’’; priations of the Senate and the Committee eligible to receive grant funds under this Act (J) in paragraph (9), as redesignated by on the Judiciary and the Committee on Ap- during the following 2 fiscal years. subparagraph (G), by striking ‘‘domestic vio- propriations of the House of Representatives, ‘‘(iv) PRIORITY.—In awarding grants under lence or sexual assault’’ and inserting ‘‘ do- this Act, the Attorney General shall give pri- an annual certification that— mestic violence, dating violence, sexual as- ority to eligible entities that did not have an ‘‘(i) all audits issued by the Office of the sault, or stalking’’; unresolved audit finding during the 3 fiscal Inspector General under paragraph (1) have (K) in paragraph (12), as redesignated by years prior to submitting an application for been completed and reviewed by the appro- subparagraph (G)— a grant under this Act. priate Assistant Attorney General or Direc- (i) in subparagraph (A), by striking ‘‘triage ‘‘(v) REIMBURSEMENT.—If an entity is tor; protocols to ensure that dangerous or poten- awarded grant funds under this Act during ‘‘(ii) all mandatory exclusions required tially lethal cases are identified and the 2-fiscal-year period in which the entity is under subparagraph (A)(iii) have been issued; prioritized’’ and inserting ‘‘the use of evi- barred from receiving grants under para- ‘‘(iii) all reimbursements required under dence-based indicators to assess the risk of graph (2), the Attorney General shall— subparagraph (A)(v) have been made; and domestic and dating violence homicide and ‘‘(I) deposit an amount equal to the grant ‘‘(iv) includes a list of any grant recipients prioritize dangerous or potentially lethal funds that were improperly awarded to the excluded under subparagraph (A) from the cases’’; and grantee into the General Fund of the Treas- previous year.’’. (ii) by striking ‘‘and’’ at the end; ury; and SEC. 4. EFFECTIVE DATE. (L) in paragraph (13), as redesignated by ‘‘(II) seek to recoup the costs of the repay- Except as otherwise specifically provided subparagraph (G)— ment to the fund from the grant recipient in this Act, the provisions of titles I, II, III, (i) by striking ‘‘to provide’’ and inserting that was erroneously awarded grant funds. IV, VII, and sections 3, 602, 901, and 902 of ‘‘providing’’;

VerDate Mar 15 2010 03:59 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.017 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S620 CONGRESSIONAL RECORD — SENATE February 12, 2013 (ii) by striking ‘‘nonprofit nongovern- (2) with the State plans described in section including how the State will meet the re- mental’’; 307 of the Family Violence Prevention and quirements of subsection (c)(5); and (iii) by striking the comma after ‘‘local Services Act (42 U.S.C. 10407) and the pro- ‘‘(2) submit to the Attorney General— governments’’; grams described in section 1404 of the Vic- ‘‘(A) the implementation plan developed (iv) in the matter following subparagraph tims of Crime Act of 1984 (42 U.S.C. 10603) and under paragraph (1); (C), by striking ‘‘paragraph (14)’’ and insert- section 393A of the Public Health Service Act ‘‘(B) documentation from each member of ing ‘‘paragraph (13)’’; and (42 U.S.C. 280b–1b).’’; the planning committee as to their partici- (v) by striking the period at the end and (iv) in paragraph (4), as redesignated by pation in the planning process; inserting a semicolon; and clause (ii)— ‘‘(C) documentation from the prosecution, (M) by inserting after paragraph (13), as re- (I) in subparagraph (A), by striking ‘‘and law enforcement, court, and victim services designated by subparagraph (G), the fol- not less than 25 percent shall be allocated for programs to be assisted, describing— lowing: prosecutors’’; ‘‘(i) the need for the grant funds; ‘‘(14) developing and promoting State, (II) by redesignating subparagraphs (B) and ‘‘(ii) the intended use of the grant funds; local, or tribal legislation and policies that (C) as subparagraphs (C) and (D); ‘‘(iii) the expected result of the grant enhance best practices for responding to do- (III) by inserting after subparagraph (A), funds; and mestic violence, dating violence, sexual as- the following: ‘‘(iv) the demographic characteristics of sault, and stalking; ‘‘(B) not less than 25 percent shall be allo- the populations to be served, including age, ‘‘(15) developing, implementing, or enhanc- cated for prosecutors;’’; and disability, race, ethnicity, and language ing Sexual Assault Response Teams, or other (IV) in subparagraph (D) as redesignated by background; similar coordinated community responses to subclause (II) by striking ‘‘for’’ and inserting ‘‘(D) a description of how the State will en- sexual assault; ‘‘to’’; and sure that any subgrantees will consult with ‘‘(16) developing and strengthening poli- (v) by adding at the end the following: victim service providers during the course of cies, protocols, best practices, and training ‘‘(5) not later than 2 years after the date of developing their grant applications in order for law enforcement agencies and prosecu- enactment of this Act, and every year there- to ensure that the proposed activities are de- tors relating to the investigation and pros- after, not less than 20 percent of the total signed to promote the safety, confiden- ecution of sexual assault cases and the ap- amount granted to a State under this sub- tiality, and economic independence of vic- propriate treatment of victims; chapter shall be allocated for programs or tims; ‘‘(17) developing, enlarging, or strength- projects in 2 or more allocations listed in ‘‘(E) demographic data on the distribution ening programs addressing sexual assault paragraph (4) that meaningfully address sex- of underserved populations within the State against men, women, and youth in correc- ual assault, including stranger rape, ac- and a description of how the State will meet tional and detention settings; quaintance rape, alcohol or drug-facilitated the needs of underserved populations, includ- ‘‘(18) identifying and conducting inven- rape, and rape within the context of an inti- ing the minimum allocation for population tories of backlogs of sexual assault evidence mate partner relationship.’’; specific services required under subsection collection kits and developing protocols and (D) by striking subsection (d) and inserting (c)(4)(C); policies for responding to and addressing the following: ‘‘(F) a description of how the State plans such backlogs, including protocols and poli- to meet the regulations issued pursuant to cies for notifying and involving victims; ‘‘(d) APPLICATION REQUIREMENTS.—An ap- subsection (e)(2); ‘‘(19) developing, enlarging, or strength- plication for a grant under this section shall ‘‘(G) goals and objectives for reducing do- ening programs and projects to provide serv- include— mestic violence-related homicides within the ices and responses targeting male and female ‘‘(1) the certifications of qualification re- State; and victims of domestic violence, dating vio- quired under subsection (c); ‘‘(H) any other information requested by lence, sexual assault, or stalking, whose abil- ‘‘(2) proof of compliance with the require- the Attorney General. ity to access traditional services and re- ments for the payment of forensic medical ‘‘(j) REALLOCATION OF FUNDS.—A State may sponses is affected by their sexual orienta- exams and judicial notification, described in use any returned or remaining funds for any tion or gender identity, as defined in section section 2010; authorized purpose under this part if— 249(c) of title 18, United States Code; and ‘‘(3) proof of compliance with the require- ‘‘(1) funds from a subgrant awarded under ‘‘(20) developing, enhancing, or strength- ments for paying fees and costs relating to this part are returned to the State; or ening prevention and educational program- domestic violence and protection order ‘‘(2) the State does not receive sufficient ming to address domestic violence, dating vi- cases, described in section 2011 of this title; eligible applications to award the full fund- olence, sexual assault, or stalking, with not ‘‘(4) proof of compliance with the require- ing within the allocations in subsection more than 5 percent of the amount allocated ments prohibiting polygraph examinations (c)(4)’’; to a State to be used for this purpose.’’; of victims of sexual assault, described in sec- (4) in section 2010 (42 U.S.C. 3796gg–4)— (3) in section 2007 (42 U.S.C. 3796gg–1)— tion 2013 of this title; (A) in subsection (a), by striking paragraph (A) in subsection (a), by striking ‘‘non- ‘‘(5) an implementation plan required (1) and inserting the following: profit nongovernmental victim service pro- under subsection (i); and ‘‘(1) IN GENERAL.—A State, Indian tribal grams’’ and inserting ‘‘victim service pro- ‘‘(6) any other documentation that the At- government, or unit of local government viders’’; torney General may require.’’; shall not be entitled to funds under this sub- (B) in subsection (b)(6), by striking ‘‘(not (E) in subsection (e)— chapter unless the State, Indian tribal gov- including populations of Indian tribes)’’; (i) in paragraph (2)— ernment, unit of local government, or an- (C) in subsection (c)— (I) in subparagraph (A), by striking ‘‘do- other governmental entity— (i) by striking paragraph (2) and inserting mestic violence and sexual assault’’ and in- ‘‘(A) incurs the full out-of-pocket cost of the following: serting ‘‘domestic violence, dating violence, forensic medical exams described in sub- ‘‘(2) grantees and subgrantees shall develop sexual assault, and stalking’’; and section (b) for victims of sexual assault; and a plan for implementation and shall consult (II) in subparagraph (D), by striking ‘‘lin- ‘‘(B) coordinates with health care providers and coordinate with— guistically and’’; and in the region to notify victims of sexual as- ‘‘(A) the State sexual assault coalition; (ii) by adding at the end the following: sault of the availability of rape exams at no ‘‘(B) the State domestic violence coalition; ‘‘(3) CONDITIONS.—In disbursing grants cost to the victims.’’; ‘‘(C) the law enforcement entities within under this part, the Attorney General may (B) in subsection (b)— the State; impose reasonable conditions on grant (i) in paragraph (1), by inserting ‘‘or’’ after ‘‘(D) prosecution offices; awards to ensure that the States meet statu- the semicolon; ‘‘(E) State and local courts; tory, regulatory, and other program require- (ii) in paragraph (2), by striking ‘‘; or’’ and ‘‘(F) Tribal governments in those States ments.’’; inserting a period; and with State or federally recognized Indian (F) in subsection (f), by striking the period (iii) by striking paragraph (3); and tribes; at the end and inserting ‘‘, except that, for (C) by amending subsection (d) to read as ‘‘(G) representatives from underserved pop- purposes of this subsection, the costs of the follows: ulations, including culturally specific popu- projects for victim services or tribes for ‘‘(d) NONCOOPERATION.— lations; which there is an exemption under section ‘‘(1) IN GENERAL.—To be in compliance with ‘‘(H) victim service providers; 40002(b)(1) of the Violence Against Women this section, a State, Indian tribal govern- ‘‘(I) population specific organizations; and Act of 1994 (42 U.S.C. 13925(b)(1)) shall not ment, or unit of local government shall com- ‘‘(J) other entities that the State or the count toward the total costs of the ply with subsection (b) without regard to Attorney General identifies as needed for the projects.’’; and whether the victim participates in the crimi- planning process;’’; (G) by adding at the end the following: nal justice system or cooperates with law en- (ii) by redesignating paragraph (3) as para- ‘‘(i) IMPLEMENTATION PLANS.—A State ap- forcement. graph (4); plying for a grant under this part shall— ‘‘(2) COMPLIANCE PERIOD.—States, terri- (iii) by inserting after paragraph (2), as ‘‘(1) develop an implementation plan in tories, and Indian tribal governments shall amended by clause (i), the following: consultation with the entities listed in sub- have 3 years from the date of enactment of ‘‘(3) grantees shall coordinate the State section (c)(2), that identifies how the State this Act to come into compliance with this implementation plan described in paragraph will use the funds awarded under this part, section.’’; and

VerDate Mar 15 2010 03:59 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.017 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S621 (5) in section 2011(a)(1) (42 U.S.C. 3796gg– ‘‘(19) To develop and strengthen policies, local government meets the requirements 5(a)(1))— protocols, and training for law enforcement under paragraph (1).’’; (A) by inserting ‘‘modification, enforce- officers and prosecutors regarding the inves- (C) in subsection (d)— ment, dismissal, withdrawal’’ after ‘‘reg- tigation and prosecution of sexual assault (i) in paragraph (1)— istration,’’ each place it appears; cases and the appropriate treatment of vic- (I) in the matter preceding subparagraph (B) by inserting ‘‘, dating violence, sexual tims. (A), by inserting ‘‘, policy,’’ after ‘‘law’’; and assault, or stalking’’ after ‘‘felony domestic ‘‘(20) To provide human immunodeficiency (II) in subparagraph (A), by inserting ‘‘and violence’’; and virus testing programs, counseling, and pro- the defendant is in custody or has been (C) by striking ‘‘victim of domestic vio- phylaxis for victims of sexual assault. served with the information or indictment’’ lence’’ and all that follows through ‘‘sexual ‘‘(21) To identify and inventory backlogs of before the semicolon; and assault’’ and inserting ‘‘victim of domestic sexual assault evidence collection kits and (ii) in paragraph (2), by striking ‘‘it’’ and violence, dating violence, sexual assault, or to develop protocols for responding to and inserting ‘‘its’’; and stalking’’. addressing such backlogs, including policies (D) by adding at the end the following: SEC. 102. GRANTS TO ENCOURAGE ARREST POLI- and protocols for notifying and involving ‘‘(f) ALLOCATION FOR TRIBAL COALITIONS.— CIES AND ENFORCEMENT OF PRO- victims. Of the amounts appropriated for purposes of TECTION ORDERS. ‘‘(22) To develop multidisciplinary high- this part for each fiscal year, not less than 5 (a) IN GENERAL.—Part U of title I of the risk teams focusing on reducing domestic vi- percent shall be available for grants under Omnibus Crime Control and Safe Streets Act olence and dating violence homicides by— section 2001 of title I of the Omnibus Crime of 1968 (42 U.S.C. 3796hh et seq.) is amended— ‘‘(A) using evidence-based indicators to as- Control and Safe Streets Act of 1968 (42 (1) in section 2101 (42 U.S.C. 3796hh)— sess the risk of homicide and link high-risk U.S.C. 3796gg). (A) in subsection (b)— victims to immediate crisis intervention ‘‘(g) ALLOCATION FOR SEXUAL ASSAULT.—Of (i) in the matter preceding paragraph (1), services; the amounts appropriated for purposes of by striking ‘‘States,’’ and all that follows ‘‘(B) identifying and managing high-risk this part for each fiscal year, not less than 25 through ‘‘units of local government’’ and in- offenders; and percent shall be available for projects that serting ‘‘grantees’’; ‘‘(C) providing ongoing victim advocacy address sexual assault, including stranger (ii) in paragraph (1), by inserting ‘‘and en- and referrals to comprehensive services in- rape, acquaintance rape, alcohol or drug-fa- forcement of protection orders across State cluding legal, housing, health care, and eco- cilitated rape, and rape within the context of and tribal lines’’ before the period; nomic assistance.’’; an intimate partner relationship.’’; and (iii) in paragraph (2), by striking ‘‘and (B) in subsection (c)— training in police departments to improve (2) in section 2102(a) (42 U.S.C. 3796hh– (i) in paragraph (1)— 1(a))— tracking of cases’’ and inserting ‘‘data col- (I) in the matter preceding subparagraph lection systems, and training in police de- (A) in paragraph (1), by inserting ‘‘court,’’ (A), by inserting ‘‘except for a court,’’ before after ‘‘tribal government,’’; and partments to improve tracking of cases and ‘‘certify’’; and classification of complaints’’; (B) in paragraph (4), by striking ‘‘non- (II) by redesignating subparagraphs (A) and profit, private sexual assault and domestic (iv) in paragraph (4), by inserting ‘‘and pro- (B) as clauses (i) and (ii), and adjusting the vide the appropriate training and education violence programs’’ and inserting ‘‘victim margin accordingly; service providers and, as appropriate, popu- about domestic violence, dating violence, (ii) in paragraph (2), by inserting ‘‘except lation specific organizations’’. sexual assault, and stalking’’ after ‘‘com- for a court,’’ before ‘‘demonstrate’’; (b) AUTHORIZATION OF APPROPRIATIONS.— puter tracking systems’’; (iii) in paragraph (3)— Section 1001(a)(19) of title I of the Omnibus (v) in paragraph (5), by inserting ‘‘and (I) by striking ‘‘spouses’’ each place it ap- Crime Control and Safe Streets Act of 1968 other victim services’’ after ‘‘legal advocacy pears and inserting ‘‘parties’’; and (42 U.S.C. 3793(a)(19)) is amended— service programs’’; (II) by striking ‘‘spouse’’ and inserting (1) by striking ‘‘$75,000,000’’ and all that (vi) in paragraph (6), by striking ‘‘judges’’ ‘‘party’’; follows through ‘‘2011.’’ and inserting and inserting ‘‘Federal, State, tribal, terri- (iv) in paragraph (4)— ‘‘$73,000,000 for each of fiscal years 2014 torial, and local judges, courts, and court- (I) by inserting ‘‘, dating violence, sexual through 2018.’’; and based and court-related personnel’’; assault, or stalking’’ after ‘‘felony domestic (vii) in paragraph (8), by striking ‘‘and sex- violence’’; (2) by striking the period that immediately ual assault’’ and inserting ‘‘dating violence, (II) by inserting ‘‘modification, enforce- follows another period. sexual assault, and stalking’’; ment, dismissal,’’ after ‘‘registration,’’ each SEC. 103. LEGAL ASSISTANCE FOR VICTIMS. (viii) in paragraph (10), by striking ‘‘non- place it appears; Section 1201 of the Violence Against profit, non-governmental victim services or- (III) by inserting ‘‘dating violence,’’ after Women Act of 2000 (42 U.S.C. 3796gg–6) is ganizations,’’ and inserting ‘‘victim service ‘‘victim of domestic violence,’’; and amended— providers, staff from population specific or- (IV) by striking ‘‘and’’ at the end; (1) in subsection (a)— ganizations,’’; and (v) in paragraph (5)— (A) in the first sentence, by striking ‘‘aris- (ix) by adding at the end the following: (I) in the matter preceding subparagraph ing as a consequence of’’ and inserting ‘‘re- ‘‘(14) To develop and implement training (A), by striking ‘‘, not later than 3 years lating to or arising out of’’; and programs for prosecutors and other prosecu- after January 5, 2006’’; (B) in the second sentence, by inserting ‘‘or tion-related personnel regarding best prac- (II) by inserting ‘‘, trial of, or sentencing arising out of’’ after ‘‘relating to’’; tices to ensure offender accountability, vic- for’’ after ‘‘investigation of’’ each place it (2) in subsection (b)— tim safety, and victim consultation in cases appears; (A) in the heading, by inserting ‘‘AND involving domestic violence, dating violence, (III) by redesignating subparagraphs (A) GRANT CONDITIONS’’ after ‘‘DEFINITIONS’’; and sexual assault, and stalking. and (B) as clauses (i) and (ii), and adjusting (B) by inserting ‘‘and grant conditions’’ ‘‘(15) To develop or strengthen policies, the margin accordingly; after ‘‘definitions’’; protocols, and training for law enforcement, (IV) in clause (ii), as redesignated by sub- (3) in subsection (c)— prosecutors, and the judiciary in recog- clause (III) of this clause, by striking ‘‘sub- (A) in paragraph (1), by striking ‘‘victims nizing, investigating, and prosecuting in- paragraph (A)’’ and inserting ‘‘clause (i)’’; services organizations’’ and inserting ‘‘vic- stances of domestic violence, dating vio- and tim service providers’’; and lence, sexual assault, and stalking against (V) by striking the period at the end and (B) by striking paragraph (3) and inserting immigrant victims, including the appro- inserting ‘‘; and’’; the following: priate use of applications for nonimmigrant (vi) by redesignating paragraphs (1) ‘‘(3) to implement, expand, and establish status under subparagraphs (T) and (U) of through (5), as amended by this subpara- efforts and projects to provide competent, section 101(a)(15) of the Immigration and Na- graph, as subparagraphs (A) through (E), re- supervised pro bono legal assistance for vic- tionality Act (8 U.S.C. 1101(a)(15)). spectively; tims of domestic violence, dating violence, ‘‘(16) To develop and promote State, local, (vii) in the matter preceding subparagraph sexual assault, or stalking, except that not or tribal legislation and policies that en- (A), as redesignated by clause (v) of this sub- more than 10 percent of the funds awarded hance best practices for responding to the paragraph— under this section may be used for the pur- crimes of domestic violence, dating violence, (I) by striking the comma that imme- pose described in this paragraph.’’; sexual assault, and stalking, including the diately follows another comma; and (4) in subsection (d)— appropriate treatment of victims. (II) by striking ‘‘grantees are States’’ and (A) in paragraph (1), by striking ‘‘this sec- ‘‘(17) To develop, implement, or enhance inserting the following: ‘‘grantees are— tion has completed’’ and all that follows and sexual assault nurse examiner programs or ‘‘(1) States’’; and inserting the following: ‘‘this section—’’ sexual assault forensic examiner programs, (viii) by adding at the end the following: ‘‘(A) has demonstrated expertise in pro- including the hiring and training of such ex- ‘‘(2) a State, tribal, or territorial domestic viding legal assistance to victims of domes- aminers. violence or sexual assault coalition or a vic- tic violence, dating violence, sexual assault, ‘‘(18) To develop, implement, or enhance tim service provider that partners with a or stalking in the targeted population; or Sexual Assault Response Teams or similar State, Indian tribal government, or unit of ‘‘(B)(i) is partnered with an entity or per- coordinated community responses to sexual local government that certifies that the son that has demonstrated expertise de- assault. State, Indian tribal government, or unit of scribed in subparagraph (A); and

VerDate Mar 15 2010 03:59 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.017 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S622 CONGRESSIONAL RECORD — SENATE February 12, 2013 ‘‘(ii) has completed, or will complete, ‘‘(D) safe and confidential information- istration, enforcement, withdrawal, or dis- training in connection with domestic vio- storage and information-sharing databases missal of matters relating to the domestic lence, dating violence, stalking, or sexual as- within and between court systems; violence, dating violence, sexual assault, or sault and related legal issues, including ‘‘(E) education and outreach programs to stalking; training on evidence-based risk factors for improve community access, including en- ‘‘(4) demonstrates that adequate security domestic and dating violence homicide;’’; hanced access for underserved populations; measures, including adequate facilities, pro- and and cedures, and personnel capable of preventing (B) in paragraph (2), by striking ‘‘stalking ‘‘(F) other projects likely to improve court violence, and adequate standards are, or will organization’’ and inserting ‘‘stalking victim responses to domestic violence, dating vio- be, in place (including the development of service provider’’; and lence, sexual assault, and stalking; protocols or policies to ensure that confiden- (5) in subsection (f) in paragraph (1), by ‘‘(6) provide civil legal assistance and advo- tial information is not shared with courts, striking ‘‘this section’’ and all that follows cacy services, including legal information law enforcement agencies, or child welfare and inserting the following: ‘‘this section and resources in cases in which the victim agencies unless necessary to ensure the safe- $57,000,000 for each of fiscal years 2014 proceeds pro se, to— ty of any child or adult using the services of through 2018.’’. ‘‘(A) victims of domestic violence; and a program funded under this section), if the SEC. 104. CONSOLIDATION OF GRANTS TO SUP- ‘‘(B) nonoffending parents in matters— applicant proposes to operate supervised vis- PORT FAMILIES IN THE JUSTICE ‘‘(i) that involve allegations of child sexual itation programs and services or safe visita- SYSTEM. abuse; tion exchange; (a) IN GENERAL.—Title III of division B of ‘‘(ii) that relate to family matters, includ- ‘‘(5) certifies that the organizational poli- the Victims of Trafficking and Violence Pro- ing civil protection orders, custody, and di- cies of the applicant do not require medi- tection Act of 2000 (Public Law 106–386; 114 vorce; and ation or counseling involving offenders and Stat. 1509) is amended by striking the sec- ‘‘(iii) in which the other parent is rep- victims being physically present in the same tion preceding section 1302 (42 U.S.C. 10420), resented by counsel; place, in cases where domestic violence, dat- as amended by section 306 of the Violence ‘‘(7) collect data and provide training and ing violence, sexual assault, or stalking is al- Against Women and Department of Justice technical assistance, including developing leged; Reauthorization Act of 2005 (Public Law 109– State, local, and tribal model codes and poli- ‘‘(6) certifies that any person providing 162; 119 Stat. 316), and inserting the fol- cies, to improve the capacity of grantees and legal assistance through a program funded lowing: communities to address the civil justice under this section has completed or will ‘‘SEC. 1301. GRANTS TO SUPPORT FAMILIES IN needs of victims of domestic violence, dating complete training on domestic violence, dat- THE JUSTICE SYSTEM. violence, sexual assault, and stalking who ing violence, sexual assault, and stalking, in- ‘‘(a) IN GENERAL.—The Attorney General have legal representation, who are pro- cluding child sexual abuse, and related legal may make grants to States, units of local ceeding pro se, or who are proceeding with issues; and government, courts (including juvenile the assistance of a legal advocate; and ‘‘(7) certifies that any person providing courts), Indian tribal governments, nonprofit ‘‘(8) to improve training and education to custody evaluation or guardian ad litem organizations, legal services providers, and assist judges, judicial personnel, attorneys, victim services providers to improve the re- services through a program funded under child welfare personnel, and legal advocates this section has completed or will complete sponse of all aspects of the civil and criminal in the civil justice system. training developed with input from and in justice system to families with a history of ‘‘(c) CONSIDERATIONS.— collaboration with a tribal, State, terri- domestic violence, dating violence, sexual ‘‘(1) IN GENERAL.—In making grants for assault, or stalking, or in cases involving al- purposes described in paragraphs (1) through torial, or local domestic violence, dating vio- legations of child sexual abuse. (7) of subsection (b), the Attorney General lence, sexual assault, or stalking victim ‘‘(b) USE OF FUNDS.—A grant under this shall consider— service provider or coalition on the dynam- section may be used to— ‘‘(A) the number of families to be served by ics of domestic violence and sexual assault, ‘‘(1) provide supervised visitation and safe the proposed programs and services; including child sexual abuse, that includes visitation exchange of children and youth by ‘‘(B) the extent to which the proposed pro- training on how to review evidence of past and between parents in situations involving grams and services serve underserved popu- abuse and the use of evidenced-based theo- domestic violence, dating violence, child sex- lations; ries to make recommendations on custody ual abuse, sexual assault, or stalking; ‘‘(C) the extent to which the applicant and visitation. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) develop and promote State, local, and demonstrates cooperation and collaboration There is authorized to be appropriated to tribal legislation, policies, and best practices with nonprofit, nongovernmental entities in carry out this section, $22,000,000 for each of for improving civil and criminal court func- the local community with demonstrated his- tions, responses, practices, and procedures in fiscal years 2014 through 2018. Amounts ap- tories of effective work on domestic vio- propriated pursuant to this subsection shall cases involving a history of domestic vio- lence, dating violence, sexual assault, or remain available until expended. lence or sexual assault, or in cases involving stalking, including State or tribal domestic ‘‘(f) ALLOTMENT FOR INDIAN TRIBES.— allegations of child sexual abuse, including violence coalitions, State or tribal sexual as- ‘‘(1) IN GENERAL.—Not less than 10 percent cases in which the victim proceeds pro se; sault coalitions, local shelters, and programs of the total amount available under this sec- ‘‘(3) educate court-based and court-related for domestic violence and sexual assault vic- tion for each fiscal year shall be available personnel and court-appointed personnel (in- tims; and for grants under the program authorized by cluding custody evaluators and guardians ad ‘‘(D) the extent to which the applicant section 3796gg–10 of this title. litem) and child protective services workers demonstrates coordination and collaboration ‘‘(2) APPLICABILITY OF PART.—The require- on the dynamics of domestic violence, dating with State, tribal, and local court systems, ments of this section shall not apply to funds violence, sexual assault, and stalking, in- including mechanisms for communication allocated for the program described in para- cluding information on perpetrator behavior, and referral. graph (1).’’. evidence-based risk factors for domestic and ‘‘(2) OTHER GRANTS.—In making grants (b) TECHNICAL AND CONFORMING AMEND- dating violence homicide, and on issues re- under subsection (b)(8) the Attorney General MENT.—Subtitle J of the Violence Against lating to the needs of victims, including shall take into account the extent to which Women Act of 1994 (42 U.S.C. 14043 et seq.) is safety, security, privacy, and confiden- the grantee has expertise addressing the ju- repealed. tiality, including cases in which the victim dicial system’s handling of family violence, SEC. 105. SEX OFFENDER MANAGEMENT. proceeds pro se; child custody, child abuse and neglect, adop- Section 40152(c) of the Violence Against ‘‘(4) provide appropriate resources in juve- tion, foster care, supervised visitation, di- Women Act of 1994 (42 U.S.C. 13941) is amend- nile court matters to respond to dating vio- vorce, and parentage. ed by striking ‘‘$5,000,000’’ and all that fol- lence, domestic violence, sexual assault (in- ‘‘(d) APPLICANT REQUIREMENTS.—The At- lows and inserting ‘‘$5,000,000 for each of fis- cluding child sexual abuse), and stalking and torney General may make a grant under this cal years 2014 through 2018.’’. ensure necessary services dealing with the section to an applicant that— SEC. 106. COURT-APPOINTED SPECIAL ADVOCATE health and mental health of victims are ‘‘(1) demonstrates expertise in the areas of PROGRAM. available; domestic violence, dating violence, sexual Subtitle B of title II of the Crime Control ‘‘(5) enable courts or court-based or court- assault, stalking, or child sexual abuse, as Act of 1990 (42 U.S.C. 13011 et seq.) is amend- related programs to develop or enhance— appropriate; ed— ‘‘(A) court infrastructure (such as special- ‘‘(2) ensures that any fees charged to indi- (1) in section 216 (42 U.S.C. 13012), by strik- ized courts, consolidated courts, dockets, in- viduals for use of supervised visitation pro- ing ‘‘January 1, 2010’’ and inserting ‘‘January take centers, or interpreter services); grams and services are based on the income 1, 2015’’; ‘‘(B) community-based initiatives within of those individuals, unless otherwise pro- (2) in section 217 (42 U.S.C. 13013)— the court system (such as court watch pro- vided by court order; (A) by striking ‘‘Code of Ethics’’ in section grams, victim assistants, pro se victim as- ‘‘(3) for a court-based program, certifies (c)(2) and inserting ‘‘Standards for Pro- sistance programs, or community-based sup- that victims of domestic violence, dating vi- grams’’; and plementary services); olence, sexual assault, or stalking are not (B) by adding at the end the following: ‘‘(C) offender management, monitoring, charged fees or any other costs related to the ‘‘(e) REPORTING.—An organization that re- and accountability programs; filing, petitioning, modifying, issuance, reg- ceives a grant under this section for a fiscal

VerDate Mar 15 2010 03:59 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.017 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S623 year shall submit to the Administrator a re- this section to develop and implement out- ‘‘(3) strengthening the capacity of tradi- port regarding the use of the grant for the reach strategies targeted at adult or youth tional victim service providers to provide fiscal year, including a discussion of out- victims of domestic violence, dating vio- population specific services; come performance measures (which shall be lence, sexual assault, or stalking in under- ‘‘(4) strengthening the effectiveness of established by the Administrator) to deter- served populations and to provide victim criminal and civil justice interventions by mine the effectiveness of the programs of the services to meet the needs of adult and providing training for law enforcement, pros- organization in meeting the needs of chil- youth victims of domestic violence, dating ecutors, judges and other court personnel on dren in the child welfare system.’’; and violence, sexual assault, and stalking in un- domestic violence, dating violence, sexual (3) in section 219(a) (42 U.S.C. 13014(a)), by derserved populations. The requirements of assault, or stalking in underserved popu- striking ‘‘fiscal years 2007 through 2011’’ and the grant programs identified in paragraph lations; or inserting ‘‘fiscal years 2014 through 2018’’. (2) shall not apply to this grant program. ‘‘(5) working in cooperation with an under- SEC. 107. CRIMINAL PROVISION RELATING TO ‘‘(2) PROGRAMS COVERED.—The programs served population to develop and implement STALKING, INCLUDING covered by paragraph (1) are the programs outreach, education, prevention, and inter- CYBERSTALKING. carried out under the following provisions: vention strategies that highlight available (a) INTERSTATE DOMESTIC VIOLENCE.—Sec- ‘‘(A) Section 2001 of the Omnibus Crime resources and the specific issues faced by tion 2261(a)(1) of title 18, United States Code, Control and Safe Streets Act of 1968 (Grants victims of domestic violence, dating vio- is amended— to Combat Violent Crimes Against Women). lence, sexual assault, or stalking from under- (1) by inserting ‘‘is present’’ after ‘‘Indian ‘‘(B) Section 2101 of the Omnibus Crime served populations. Country or’’; and Control and Safe Streets Act of 1968 (Grants ‘‘(e) APPLICATION.—An eligible entity desir- (2) by inserting ‘‘or presence’’ after ‘‘as a to Encourage Arrest Policies and Enforce- ing a grant under this section shall submit result of such travel’’; ment of Protection Orders Program). an application to the Director of the Office (b) STALKING.—Section 2261A of title 18, ‘‘(b) ELIGIBLE ENTITIES.—Eligible entities on Violence Against Women at such time, in United States Code, is amended to read as under this section are— such form, and in such manner as the Direc- follows: ‘‘(1) population specific organizations that tor may prescribe. ‘‘§ 2261A. Stalking have demonstrated experience and expertise ‘‘(f) REPORTS.—Each eligible entity receiv- in providing population specific services in ‘‘Whoever— ing a grant under this section shall submit the relevant underserved communities, or ‘‘(1) travels in interstate or foreign com- to the Director of the Office on Violence population specific organizations working in merce or is present within the special mari- Against Women a report that describes the partnership with a victim service provider or time and territorial jurisdiction of the activities carried out with grant funds. domestic violence or sexual assault coali- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— United States, or enters or leaves Indian tion; In addition to the funds identified in sub- country, with the intent to kill, injure, har- ‘‘(2) victim service providers offering popu- section (a)(1), there are authorized to be ap- ass, intimidate, or place under surveillance lation specific services for a specific under- propriated to carry out this section $2,000,000 with intent to kill, injure, harass, or intimi- served population; or for each of fiscal years 2014 through 2018. date another person, and in the course of, or ‘‘(3) victim service providers working in ‘‘(h) DEFINITIONS AND GRANT CONDITIONS.— as a result of, such travel or presence en- partnership with a national, State, tribal, or In this section the definitions and grant con- gages in conduct that— local organization that has demonstrated ex- ditions in section 40002 of the Violence ‘‘(A) places that person in reasonable fear perience and expertise in providing popu- Against Women Act of 1994 (42 U.S.C. 13925) of the death of, or serious bodily injury to— lation specific services in the relevant under- shall apply.’’. ‘‘(i) that person; served population. ‘‘(ii) an immediate family member (as de- SEC. 109. CULTURALLY SPECIFIC SERVICES ‘‘(c) PLANNING GRANTS.—The Attorney GRANT. fined in section 115) of that person; or General may use up to 25 percent of funds Section 121 of the Violence Against Women ‘‘(iii) a spouse or intimate partner of that available under this section to make one- and Department of Justice Reauthorization person; or time planning grants to eligible entities to Act of 2005 (42 U.S.C. 14045a) is amended— ‘‘(B) causes, attempts to cause, or would be support the planning and development of (1) in the section heading, by striking reasonably expected to cause substantial specially designed and targeted programs for ‘‘AND LINGUISTICALLY’’; emotional distress to a person described in adult and youth victims in one or more un- (2) by striking ‘‘and linguistically’’ each clause (i), (ii), or (iii) of subparagraph (A); or derserved populations, including— place it appears; ‘‘(2) with the intent to kill, injure, harass, ‘‘(1) identifying, building and strength- (3) by striking ‘‘and linguistic’’ each place intimidate, or place under surveillance with ening partnerships with potential collabo- it appears; intent to kill, injure, harass, or intimidate rators within underserved populations, Fed- (4) by striking subsection (a)(2) and insert- another person, uses the mail, any inter- eral, State, tribal, territorial or local gov- ing: active computer service or electronic com- ernment entities, and public and private or- ‘‘(2) PROGRAMS COVERED.—The programs munication service or electronic commu- ganizations; covered by paragraph (1) are the programs nication system of interstate commerce, or ‘‘(2) conducting a needs assessment of the carried out under the following provisions: any other facility of interstate or foreign community and the targeted underserved ‘‘(A) Section 2101 of the Omnibus Crime commerce to engage in a course of conduct population or populations to determine what Control and Safe Streets Act of 1968 (Grants that— the barriers are to service access and what to Encourage Arrest Policies and Enforce- ‘‘(A) places that person in reasonable fear factors contribute to those barriers, using ment of Protection Orders). of the death of or serious bodily injury to a input from the targeted underserved popu- ‘‘(B) Section 14201 of division B of the Vic- person described in clause (i), (ii), or (iii) of lation or populations; tims of Trafficking and Violence Protection paragraph (1)(A); or ‘‘(3) identifying promising prevention, out- Act of 2000 (42 U.S.C. 3796gg–6) (Legal Assist- ‘‘(B) causes, attempts to cause, or would be reach and intervention strategies for victims ance for Victims). reasonably expected to cause substantial from a targeted underserved population or ‘‘(C) Section 40295 of the Violence Against emotional distress to a person described in populations; and Women Act of 1994 (42 U.S.C. 13971) (Rural clause (i), (ii), or (iii) of paragraph (1)(A), ‘‘(4) developing a plan, with the input of Domestic Violence, Dating Violence, Sexual shall be punished as provided in section the targeted underserved population or popu- Assault, Stalking, and Child Abuse Enforce- 2261(b) of this title.’’. lations, for implementing prevention, out- ment Assistance). (c) INTERSTATE VIOLATION OF PROTECTION reach and intervention strategies to address ‘‘(D) Section 40802 of the Violence Against ORDER.—Section 2262(a)(2) of title 18, United the barriers to accessing services, promoting Women Act of 1994 (42 U.S.C. 14041a) (En- States Code, is amended by inserting ‘‘is community engagement in the prevention of hanced Training and Services to End Vio- present’’ after ‘‘Indian Country or’’. domestic violence, dating violence, sexual lence Against Women Later in Life). SEC. 108. OUTREACH AND SERVICES TO UNDER- assault, and stalking within the targeted un- ‘‘(E) Section 1402 of division B of the Vic- SERVED POPULATIONS GRANT. derserved populations, and evaluating the tims of Trafficking and Violence Protection Section 120 of the Violence Against Women program. Act of 2000 (42 U.S.C. 3796gg–7) (Education, and Department of Justice Reauthorization ‘‘(d) IMPLEMENTATION GRANTS.—The Attor- Training, and Enhanced Services to End Vio- Act of 2005 (42 U.S.C. 14045) is amended to ney General shall make grants to eligible en- lence Against and Abuse of Women with Dis- read as follows: tities for the purpose of providing or enhanc- abilities).’’; and ing population specific outreach and services ‘‘SEC. 120. GRANTS FOR OUTREACH AND SERV- (5) in subsection (g), by striking ‘‘linguistic to adult and youth victims in one or more ICES TO UNDERSERVED POPU- and’’. LATIONS. underserved populations, including— ‘‘(a) GRANTS AUTHORIZED.— ‘‘(1) working with Federal, State, tribal, TITLE II—IMPROVING SERVICES FOR VIC- ‘‘(1) IN GENERAL.—Of the amounts appro- territorial and local governments, agencies, TIMS OF DOMESTIC VIOLENCE, DATING priated under the grant programs identified and organizations to develop or enhance pop- VIOLENCE, SEXUAL ASSAULT, AND in paragraph (2), the Attorney General shall ulation specific services; STALKING take 2 percent of such appropriated amounts ‘‘(2) strengthening the capacity of under- SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM. and combine them to award grants to eligi- served populations to provide population (a) GRANTS TO STATES AND TERRITORIES.— ble entities described in subsection (b) of specific services; Section 41601(b) of the Violence Against

VerDate Mar 15 2010 05:51 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.017 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S624 CONGRESSIONAL RECORD — SENATE February 12, 2013 Women Act of 1994 (42 U.S.C. 14043g(b)) is SEC. 203. TRAINING AND SERVICES TO END VIO- may use the funds received under the grant amended— LENCE AGAINST WOMEN WITH DIS- to— (1) in paragraph (1), by striking ‘‘other pro- ABILITIES GRANTS. ‘‘(i) provide training programs to assist at- grams’’ and all that follows and inserting Section 1402 of division B of the Victims of torneys, health care providers, faith-based ‘‘other nongovernmental or tribal programs Trafficking and Violence Protection Act of leaders, or other community-based organiza- and projects to assist individuals who have 2000 (42 U.S.C. 3796gg–7) is amended— tions in recognizing and addressing instances been victimized by sexual assault, without (1) in subsection (b)— of abuse in later life, including domestic vio- (A) in paragraph (1), by inserting ‘‘(includ- regard to the age of the individual.’’; lence, dating violence, sexual assault, stalk- ing using evidence-based indicators to assess (2) in paragraph (2)— ing, exploitation, and neglect; or the risk of domestic and dating violence (A) in subparagraph (B), by inserting ‘‘or ‘‘(ii) conduct outreach activities and homicide)’’ after ‘‘risk reduction’’; tribal programs and activities’’ after ‘‘non- awareness campaigns to ensure that victims (B) in paragraph (4), by striking ‘‘victim governmental organizations’’; and of abuse in later life, including domestic vio- service organizations’’ and inserting ‘‘victim (B) in subparagraph (C)(v), by striking lence, dating violence, sexual assault, stalk- service providers’’; and ‘‘linguistically and’’; and ing, exploitation, and neglect receive appro- (C) in paragraph (5), by striking ‘‘victim (3) in paragraph (4)— priate assistance. services organizations’’ and inserting ‘‘vic- (A) by inserting ‘‘(including the District of ‘‘(C) WAIVER.—The Attorney General may tim service providers’’; Columbia and Puerto Rico)’’ after ‘‘The At- waive 1 or more of the activities described in (2) in subsection (c)(1)(D), by striking torney General shall allocate to each State’’; subparagraph (A) upon making a determina- ‘‘nonprofit and nongovernmental victim (B) by striking ‘‘the District of Columbia, tion that the activity would duplicate serv- services organization, such as a State’’ and Puerto Rico,’’ after ‘‘Guam’’; ices available in the community. inserting ‘‘victim service provider, such as a (C) by striking ‘‘0.125 percent’’ and insert- ‘‘(D) LIMITATION.—An eligible entity re- State or tribal’’; and ing ‘‘0.25 percent’’; and ceiving a grant under this section may use (3) in subsection (e), by striking (D) by striking ‘‘The District of Columbia not more than 10 percent of the total funds ‘‘$10,000,000 for each of the fiscal years 2007 shall be treated as a territory for purposes of received under the grant for an activity de- through 2011’’ and inserting ‘‘$9,000,000 for calculating its allocation under the pre- scribed in subparagraph (B)(ii). each of fiscal years 2014 through 2018’’. ceding formula.’’. ‘‘(3) ELIGIBLE ENTITIES.—An entity shall be SEC. 204. ENHANCED TRAINING AND SERVICES eligible to receive a grant under this section (b) AUTHORIZATION OF APPROPRIATIONS.— TO END ABUSE IN LATER LIFE. if— Section 41601(f)(1) of the Violence Against (a) IN GENERAL.—Subtitle H of the Vio- ‘‘(A) the entity is— Women Act of 1994 (42 U.S.C. 14043g(f)(1)) is lence Against Women Act of 1994 (42 U.S.C. ‘‘(i) a State; amended by striking ‘‘$50,000,000 to remain 14041 et seq.) is amended to read as follows: ‘‘(ii) a unit of local government; available until expended for each of the fis- ‘‘Subtitle H—Enhanced Training and Services ‘‘(iii) a tribal government or tribal organi- cal years 2007 through 2011’’ and inserting To End Abuse Later in Life zation; ‘‘$40,000,000 to remain available until ex- ‘‘SEC. 40801. ENHANCED TRAINING AND SERVICES ‘‘(iv) a population specific organization pended for each of fiscal years 2014 through TO END ABUSE IN LATER LIFE. with demonstrated experience in assisting 2018’’. ‘‘(a) DEFINITIONS.—In this section— individuals over 50 years of age; ‘‘(1) the term ‘exploitation’ has the mean- ‘‘(v) a victim service provider with dem- SEC. 202. RURAL DOMESTIC VIOLENCE, DATING ing given the term in section 2011 of the So- onstrated experience in addressing domestic VIOLENCE, SEXUAL ASSAULT, cial Security Act (42 U.S.C. 1397j); violence, dating violence, sexual assault, and STALKING, AND CHILD ABUSE EN- stalking; or FORCEMENT ASSISTANCE. ‘‘(2) the term ‘later life’, relating to an in- dividual, means the individual is 50 years of ‘‘(vi) a State, tribal, or territorial domes- Section 40295 of the Violence Against age or older; and tic violence or sexual assault coalition; and Women Act of 1994 (42 U.S.C. 13971) is amend- ‘‘(3) the term ‘neglect’ means the failure of ‘‘(B) the entity demonstrates that it is part ed— a caregiver or fiduciary to provide the goods of a multidisciplinary partnership that in- (1) in subsection (a)(1)(H), by inserting ‘‘, or services that are necessary to maintain cludes, at a minimum— including sexual assault forensic examiners’’ the health or safety of an individual in later ‘‘(i) a law enforcement agency; before the semicolon; life. ‘‘(ii) a prosecutor’s office; (2) in subsection (b)— ‘‘(b) GRANT PROGRAM.— ‘‘(iii) a victim service provider; and (A) in paragraph (1)— ‘‘(1) GRANTS AUTHORIZED.—The Attorney ‘‘(iv) a nonprofit program or government (i) by striking ‘‘victim advocacy groups’’ General may make grants to eligible entities agency with demonstrated experience in as- and inserting ‘‘victim service providers’’; and to carry out the activities described in para- sisting individuals in later life; (ii) by inserting ‘‘, including developing graph (2). ‘‘(4) UNDERSERVED POPULATIONS.—In mak- multidisciplinary teams focusing on high ‘‘(2) MANDATORY AND PERMISSIBLE ACTIVI- ing grants under this section, the Attorney risk cases with the goal of preventing domes- TIES.— General shall give priority to proposals pro- tic and dating violence homicides’’ before ‘‘(A) MANDATORY ACTIVITIES.—An eligible viding services to culturally specific and un- the semicolon; entity receiving a grant under this section derserved populations. (B) in paragraph (2)— shall use the funds received under the grant ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— (i) by striking ‘‘and other long- and short- to— There is authorized to be appropriated to term assistance’’ and inserting ‘‘legal assist- ‘‘(i) provide training programs to assist carry out this section $9,000,000 for each of ance, and other long-term and short-term law enforcement agencies, prosecutors, agen- fiscal years 2014 through 2018.’’. victim and population specific services’’; and cies of States or units of local government, TITLE III—SERVICES, PROTECTION, AND (ii) by striking ‘‘and’’ at the end; population specific organizations, victim JUSTICE FOR YOUNG VICTIMS OF VIO- (C) in paragraph (3), by striking the period service providers, victim advocates, and rel- LENCE at the end and inserting ‘‘; and’’; and evant officers in Federal, tribal, State, terri- SEC. 301. RAPE PREVENTION AND EDUCATION (D) by adding at the end the following: torial, and local courts in recognizing and GRANT. ‘‘(4) developing, enlarging, or strength- addressing instances of elder abuse; Section 393A of the Public Health Service ening programs addressing sexual assault, ‘‘(ii) provide or enhance services for vic- Act (42 U.S.C. 280b–1b) is amended— including sexual assault forensic examiner tims of abuse in later life, including domes- (1) in subsection (a)— programs, Sexual Assault Response Teams, tic violence, dating violence, sexual assault, (A) in the matter preceding paragraph (1), law enforcement training, and programs ad- stalking, exploitation, and neglect; by inserting ‘‘, territorial or tribal’’ after dressing rape kit backlogs. ‘‘(iii) establish or support multidisci- ‘‘crisis centers, State’’; and ‘‘(5) developing programs and strategies plinary collaborative community responses (B) in paragraph (6), by inserting ‘‘and al- that focus on the specific needs of victims of to victims of abuse in later life, including cohol’’ after ‘‘about drugs’’; and domestic violence, dating violence, sexual domestic violence, dating violence, sexual (2) in subsection (c)— assault, and stalking who reside in remote assault, stalking, exploitation, and neglect; (A) in paragraph (1), by striking rural and geographically isolated areas, in- and ‘‘$80,000,000 for each of fiscal years 2007 cluding addressing the challenges posed by ‘‘(iv) conduct cross-training for law en- through 2011’’ and inserting ‘‘$50,000,000 for the lack of access to shelters and victims forcement agencies, prosecutors, agencies of each of fiscal years 2014 through 2018’’; and services, and limited law enforcement re- States or units of local government, attor- (B) by adding at the end the following: sources and training, and providing training neys, health care providers, population spe- ‘‘(3) BASELINE FUNDING FOR STATES, THE and resources to Community Health Aides cific organizations, faith-based advocates, DISTRICT OF COLUMBIA, AND PUERTO RICO.—A involved in the delivery of Indian Health victim service providers, and courts to better minimum allocation of $150,000 shall be Service programs.’’; and serve victims of abuse in later life, including awarded in each fiscal year for each of the (3) in subsection (e)(1), by striking domestic violence, dating violence, sexual States, the District of Columbia, and Puerto ‘‘$55,000,000 for each of the fiscal years 2007 assault, stalking, exploitation, and neglect. Rico. A minimum allocation of $35,000 shall through 2011’’ and inserting ‘‘$50,000,000 for ‘‘(B) PERMISSIBLE ACTIVITIES.—An eligible be awarded in each fiscal year for each Terri- each of fiscal years 2014 through 2018’’. entity receiving a grant under this section tory. Any unused or remaining funds shall be

VerDate Mar 15 2010 03:59 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.017 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S625 allotted to each State, the District of Colum- and identification and referral procedures service providers all with priority on victim bia, and Puerto Rico on the basis of popu- for, students who are experiencing or perpe- safety and autonomy; and lation.’’. trating domestic violence, dating violence, ‘‘(3) ensure that all individuals providing SEC. 302. CREATING HOPE THROUGH OUTREACH, sexual assault, stalking, or sex trafficking, intervention or prevention programming to OPTIONS, SERVICES, AND EDU- and procedures for handling the require- children or youth through a program funded CATION FOR CHILDREN AND YOUTH. ments of court protective orders issued to or under this section have completed, or will Subtitle L of the Violence Against Women against students; complete, sufficient training in connection Act of 1994 is amended by striking sections ‘‘(C) provide support services for student with domestic violence, dating violence, sex- 41201 through 41204 (42 U.S.C. 14043c through victims of domestic violence, dating vio- ual assault, stalking, and sex trafficking. 14043c–3) and inserting the following: lence, sexual assault, stalking, or sex traf- ‘‘(e) DEFINITIONS AND GRANT CONDITIONS.— ‘‘SEC. 41201. CREATING HOPE THROUGH OUT- ficking, such as a resource person who is ei- In this section, the definitions and grant REACH, OPTIONS, SERVICES, AND ther on-site or on-call; conditions provided for in section 40002 shall EDUCATION FOR CHILDREN AND ‘‘(D) implement developmentally appro- apply. YOUTH (‘CHOOSE CHILDREN & priate educational programming for students ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— YOUTH’). regarding domestic violence, dating violence, ‘‘(a) GRANTS AUTHORIZED.—The Attorney There is authorized to be appropriated to sexual assault, stalking, and sex trafficking General, working in collaboration with the carry out this section, $15,000,000 for each of and the impact of such violence on youth; or Secretary of Health and Human Services and fiscal years 2014 through 2018. ‘‘(E) develop strategies to increase identi- ‘‘(g) ALLOTMENT.— the Secretary of Education, shall award fication, support, referrals, and prevention grants to enhance the safety of youth and ‘‘(1) IN GENERAL.—Not less than 50 percent programming for youth who are at high risk of the total amount appropriated under this children who are victims of, or exposed to, of domestic violence, dating violence, sexual domestic violence, dating violence, sexual section for each fiscal year shall be used for assault, stalking, or sex trafficking. the purposes described in subsection (b)(1). assault, stalking, or sex trafficking and pre- ‘‘(c) ELIGIBLE APPLICANTS.— ‘‘(2) INDIAN TRIBES.—Not less than 10 per- vent future violence. ‘‘(1) IN GENERAL.—To be eligible to receive cent of the total amount appropriated under ‘‘(b) PROGRAM PURPOSES.—Funds provided a grant under this section, an entity shall this section for each fiscal year shall be under this section may be used for the fol- be— made available for grants under the program lowing program purpose areas: ‘‘(A) a victim service provider, tribal non- authorized by section 2015 of the Omnibus ‘‘(1) SERVICES TO ADVOCATE FOR AND RE- profit, or population-specific or community- Crime Control and Safe Streets Act of 1968. SPOND TO YOUTH.—To develop, expand, and based organization with a demonstrated his- The requirements of this section shall not strengthen victim-centered interventions tory of effective work addressing the needs apply to funds allocated under this para- and services that target youth who are vic- of youth who are, including runaway or graph. tims of domestic violence, dating violence, homeless youth affected by, victims of do- sexual assault, stalking, and sex trafficking. mestic violence, dating violence, sexual as- ‘‘(h) PRIORITY.—The Attorney General Services may include victim services, coun- sault, stalking, or sex trafficking; shall prioritize grant applications under this seling, advocacy, mentoring, educational ‘‘(B) a victim service provider that is section that coordinate with prevention pro- support, transportation, legal assistance in partnered with an entity that has a dem- grams in the community.’’. civil, criminal and administrative matters, onstrated history of effective work address- SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES such as family law cases, housing cases, ing the needs of youth; or ON CAMPUSES. child welfare proceedings, campus adminis- ‘‘(C) a public, charter, tribal, or nationally Section 304 of the Violence Against Women trative proceedings, and civil protection accredited private middle or high school, a and Department of Justice Reauthorization order proceedings, population-specific serv- school administered by the Department of Act of 2005 (42 U.S.C. 14045b) is amended— ices, and other activities that support youth Defense under section 2164 of title 10, United (1) in subsection (a)— in finding safety, stability, and justice and States Code or section 1402 of the Defense (A) in paragraph (1)— in addressing the emotional, cognitive, and Dependents’ Education Act of 1978, a group (i) by striking ‘‘stalking on campuses, physical effects of trauma. Funds may be of schools, a school district, or an institution and’’ and inserting ‘‘stalking on campuses,’’; used to— of higher education. (ii) by striking ‘‘crimes against women on’’ ‘‘(A) assess and analyze currently available ‘‘(2) PARTNERSHIPS.— and inserting ‘‘crimes on’’; and services for youth victims of domestic vio- ‘‘(A) EDUCATION.—To be eligible to receive (iii) by inserting ‘‘, and to develop and lence, dating violence, sexual assault, stalk- a grant for the purposes described in sub- strengthen prevention education and aware- ing, and sex trafficking, determining rel- section (b)(2), an entity described in para- ness programs’’ before the period; and evant barriers to such services in a par- graph (1) shall be partnered with a public, (B) in paragraph (2), by striking ‘‘$500,000’’ ticular locality, and developing a commu- charter, tribal, or nationally accredited pri- and inserting ‘‘$300,000’’; nity protocol to address such problems col- vate middle or high school, a school adminis- (2) in subsection (b)— laboratively; tered by the Department of Defense under (A) in paragraph (2)— ‘‘(B) develop and implement policies, prac- section 2164 of title 10, United States Code or (i) by inserting ‘‘, strengthen,’’ after ‘‘To tices, and procedures to effectively respond section 1402 of the Defense Dependents’ Edu- develop’’; and to domestic violence, dating violence, sexual cation Act of 1978, a group of schools, a (ii) by inserting ‘‘including the use of tech- assault, stalking, or sex trafficking against school district, or an institution of higher nology to commit these crimes,’’ after ‘‘sex- youth; or education. ual assault and stalking,’’; ‘‘(C) provide technical assistance and ‘‘(B) OTHER PARTNERSHIPS.—All applicants (B) in paragraph (4)— training to enhance the ability of school per- under this section are encouraged to work in (i) by inserting ‘‘and population specific sonnel, victim service providers, child pro- partnership with organizations and agencies services’’ after ‘‘strengthen victim services tective service workers, staff of law enforce- that work with the relevant population. programs’’; ment agencies, prosecutors, court personnel, Such entities may include— (ii) by striking ‘‘entities carrying out’’ and individuals who work in after school pro- ‘‘(i) a State, tribe, unit of local govern- all that follows through ‘‘stalking victim grams, medical personnel, social workers, ment, or territory; services programs’’ and inserting ‘‘victim mental health personnel, and workers in ‘‘(ii) a population specific or community- service providers’’; and other programs that serve children and based organization; (iii) by inserting ‘‘, regardless of whether youth to improve their ability to appro- ‘‘(iii) batterer intervention programs or the services are provided by the institution priately respond to the needs of children and sex offender treatment programs with spe- or in coordination with community victim youth who are victims of domestic violence, cialized knowledge and experience working service providers’’ before the period at the dating violence, sexual assault, stalking, and with youth offenders; or end; and sex trafficking, and to properly refer such ‘‘(iv) any other agencies or nonprofit, non- (C) by adding at the end the following: children, youth, and their families to appro- governmental organizations with the capac- ‘‘(9) To develop or adapt and provide devel- priate services. ity to provide effective assistance to the opmental, culturally appropriate, and lin- ‘‘(2) SUPPORTING YOUTH THROUGH EDUCATION adult, youth, and child victims served by the guistically accessible print or electronic ma- AND PROTECTION.—To enable middle schools, partnership. terials to address both prevention and inter- high schools, and institutions of higher edu- ‘‘(d) GRANTEE REQUIREMENTS.—Applicants vention in domestic violence, dating vio- cation to— for grants under this section shall establish lence, sexual violence, and stalking. ‘‘(A) provide training to school personnel, and implement policies, practices, and proce- ‘‘(10) To develop or adapt population spe- including healthcare providers and security dures that— cific strategies and projects for victims of personnel, on the needs of students who are ‘‘(1) require and include appropriate refer- domestic violence, dating violence, sexual victims of domestic violence, dating vio- ral systems for child and youth victims; assault, and stalking from underserved popu- lence, sexual assault, stalking, or sex traf- ‘‘(2) protect the confidentiality and privacy lations on campus.’’; ficking; of child and youth victim information, par- (3) in subsection (c)— ‘‘(B) develop and implement prevention ticularly in the context of parental or third (A) in paragraph (2)— and intervention policies in middle and high party involvement and consent, mandatory (i) in subparagraph (B), by striking ‘‘any schools, including appropriate responses to, reporting duties, and working with other non-profit’’ and all that follows through

VerDate Mar 15 2010 03:59 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.017 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S626 CONGRESSIONAL RECORD — SENATE February 12, 2013 ‘‘victim services programs’’ and inserting ‘‘(v) The term ‘sexual assault’ means an of- ‘‘(II) to whom the alleged offense should be ‘‘victim service providers’’; fense classified as a forcible or nonforcible reported; (ii) by redesignating subparagraphs (D) sex offense under the uniform crime report- ‘‘(III) options regarding law enforcement through (F) as subparagraphs (E) through ing system of the Federal Bureau of Inves- and campus authorities, including notifica- (G), respectively; and tigation.’’; tion of the victim’s option to— (iii) by inserting after subparagraph (C), (4) in paragraph (7)— ‘‘(aa) notify proper law enforcement au- the following: (A) by striking ‘‘paragraph (1)(F)’’ and in- thorities, including on-campus and local po- ‘‘(D) describe how underserved populations serting ‘‘clauses (i) and (ii) of paragraph lice; in the campus community will be adequately (1)(F)’’; and ‘‘(bb) be assisted by campus authorities in served, including the provision of relevant (B) by inserting after ‘‘Hate Crime Statis- notifying law enforcement authorities if the population specific services;’’; and tics Act.’’ the following: ‘‘For the offenses of victim so chooses; and (B) in paragraph (3), by striking ‘‘2007 domestic violence, dating violence, and ‘‘(cc) decline to notify such authorities; through 2011’’ and inserting ‘‘2014 through stalking, such statistics shall be compiled in and 2018’’; accordance with the definitions used in sec- ‘‘(IV) where applicable, the rights of vic- (4) in subsection (d)— tion 40002(a) of the Violence Against Women tims and the institution’s responsibilities re- (A) by redesignating paragraph (3) as para- Act of 1994 (42 U.S.C. 13925(a)).’’; garding orders of protection, no contact or- graph (4); and (5) by striking paragraph (8) and inserting ders, restraining orders, or similar lawful or- (B) by inserting after paragraph (2), the the following: ders issued by a criminal, civil, or tribal following: ‘‘(8)(A) Each institution of higher edu- court. ‘‘(3) GRANTEE MINIMUM REQUIREMENTS.— cation participating in any program under ‘‘(iv) Procedures for institutional discipli- Each grantee shall comply with the fol- this title and title IV of the Economic Op- nary action in cases of alleged domestic vio- lowing minimum requirements during the portunity Act of 1964, other than a foreign lence, dating violence, sexual assault, or grant period: institution of higher education, shall develop stalking, which shall include a clear state- ‘‘(A) The grantee shall create a coordi- and distribute as part of the report described ment that— nated community response including both in paragraph (1) a statement of policy re- ‘‘(I) such proceedings shall— organizations external to the institution and garding— ‘‘(aa) provide a prompt, fair, and impartial relevant divisions of the institution. ‘‘(i) such institution’s programs to prevent investigation and resolution; and ‘‘(B) The grantee shall establish a manda- domestic violence, dating violence, sexual ‘‘(bb) be conducted by officials who receive tory prevention and education program on assault, and stalking; and annual training on the issues related to do- domestic violence, dating violence, sexual ‘‘(ii) the procedures that such institution mestic violence, dating violence, sexual as- assault, and stalking for all incoming stu- will follow once an incident of domestic vio- sault, and stalking and how to conduct an in- dents. lence, dating violence, sexual assault, or vestigation and hearing process that pro- ‘‘(C) The grantee shall train all campus law stalking has been reported, including a tects the safety of victims and promotes ac- enforcement to respond effectively to domes- statement of the standard of evidence that countability; tic violence, dating violence, sexual assault, will be used during any institutional conduct ‘‘(II) the accuser and the accused are enti- and stalking. proceeding arising from such a report. tled to the same opportunities to have others ‘‘(D) The grantee shall train all members present during an institutional disciplinary of campus disciplinary boards to respond ef- ‘‘(B) The policy described in subparagraph (A) shall address the following areas: proceeding, including the opportunity to be fectively to situations involving domestic vi- accompanied to any related meeting or pro- olence, dating violence, sexual assault, or ‘‘(i) Education programs to promote the awareness of rape, acquaintance rape, domes- ceeding by an advisor of their choice; and stalking.’’; and ‘‘(III) both the accuser and the accused (5) in subsection (e), by striking ‘‘there tic violence, dating violence, sexual assault, and stalking, which shall include— shall be simultaneously informed, in writing, are’’ and all that follows through the period of— and inserting ‘‘there is authorized to be ap- ‘‘(I) primary prevention and awareness pro- grams for all incoming students and new em- ‘‘(aa) the outcome of any institutional dis- propriated $12,000,000 for each of fiscal years ciplinary proceeding that arises from an al- 2014 through 2018.’’. ployees, which shall include— ‘‘(aa) a statement that the institution of legation of domestic violence, dating vio- SEC. 304. CAMPUS SEXUAL VIOLENCE, DOMESTIC higher education prohibits the offenses of do- lence, sexual assault, or stalking; VIOLENCE, DATING VIOLENCE, AND ‘‘(bb) the institution’s procedures for the STALKING EDUCATION AND PRE- mestic violence, dating violence, sexual as- VENTION. sault, and stalking; accused and the victim to appeal the results (a) IN GENERAL.—Section 485(f) of the High- ‘‘(bb) the definition of domestic violence, of the institutional disciplinary proceeding; er Education Act of 1965 (20 U.S.C. 1092(f)) is dating violence, sexual assault, and stalking ‘‘(cc) of any change to the results that oc- amended— in the applicable jurisdiction; curs prior to the time that such results be- (1) in paragraph (1)— ‘‘(cc) the definition of consent, in reference come final; and (A) in subparagraph (C)(iii), by striking the to sexual activity, in the applicable jurisdic- ‘‘(dd) when such results become final. period at the end and inserting ‘‘, when the tion; ‘‘(v) Information about how the institution victim of such crime elects or is unable to ‘‘(dd) safe and positive options for by- will protect the confidentiality of victims, make such a report.’’; and stander intervention that may be carried out including how publicly-available record- (B) in subparagraph (F)— by an individual to prevent harm or inter- keeping will be accomplished without the in- (i) in clause (i)(VIII), by striking ‘‘and’’ vene when there is a risk of domestic vio- clusion of identifying information about the after the semicolon; lence, dating violence, sexual assault, or victim, to the extent permissible by law. (ii) in clause (ii)— stalking against a person other than such in- ‘‘(vi) Written notification of students and (I) by striking ‘‘sexual orientation’’ and in- dividual; employees about existing counseling, health, serting ‘‘ national origin, sexual orientation, ‘‘(ee) information on risk reduction to rec- mental health, victim advocacy, legal assist- gender identity,’’; and ognize warning signs of abusive behavior and ance, and other services available for victims (II) by striking the period and inserting ‘‘; how to avoid potential attacks; and both on-campus and in the community. and’’; and ‘‘(ff) the information described in clauses ‘‘(vii) Written notification of victims about (iii) by adding at the end the following: (ii) through (vii); and options for, and available assistance in, ‘‘(iii) of domestic violence, dating violence, ‘‘(II) ongoing prevention and awareness changing academic, living, transportation, and stalking incidents that were reported to campaigns for students and faculty, includ- and working situations, if so requested by campus security authorities or local police ing information described in items (aa) the victim and if such accommodations are agencies.’’; through (ff) of subclause (I). reasonably available, regardless of whether (2) in paragraph (3), by inserting ‘‘, that ‘‘(ii) Possible sanctions or protective meas- the victim chooses to report the crime to withholds the names of victims as confiden- ures that such institution may impose fol- campus police or local law enforcement. tial,’’ after ‘‘that is timely’’; lowing a final determination of an institu- ‘‘(C) A student or employee who reports to (3) in paragraph (6)(A)— tional disciplinary procedure regarding rape, an institution of higher education that the (A) by redesignating clauses (i), (ii), and acquaintance rape, domestic violence, dating student or employee has been a victim of do- (iii) as clauses (ii), (iii), and (iv), respec- violence, sexual assault, or stalking. mestic violence, dating violence, sexual as- tively; ‘‘(iii) Procedures victims should follow if a sault, or stalking, whether the offense oc- (B) by inserting before clause (ii), as redes- sex offense, domestic violence, dating vio- curred on or off campus, shall be provided ignated by subparagraph (A), the following: lence, sexual assault, or stalking has oc- with a written explanation of the student or ‘‘(i) The terms ‘dating violence’, ‘domestic curred, including information in writing employee’s rights and options, as described violence’, and ‘stalking’ have the meaning about— in clauses (ii) through (vii) of subparagraph given such terms in section 40002(a) of the ‘‘(I) the importance of preserving evidence (B).’’; Violence Against Women Act of 1994 (42 as may be necessary to the proof of criminal (6) in paragraph (9), by striking ‘‘The Sec- U.S.C. 13925(a)).’’; and domestic violence, dating violence, sexual retary’’ and inserting ‘‘The Secretary, in (C) by inserting after clause (iv), as redes- assault, or stalking, or in obtaining a protec- consultation with the Attorney General of ignated by subparagraph (A), the following: tion order; the United States,’’;

VerDate Mar 15 2010 03:59 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.017 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S627 (7) by striking paragraph (16) and inserting coercion, as well as healthy relationship ‘‘(D) A nonprofit, nongovernmental entity the following: skills, in school, in the community, or in providing services for runaway or homeless ‘‘(16)(A) The Secretary shall seek the ad- health care settings; youth affected by domestic violence, dating vice and counsel of the Attorney General of ‘‘(B) community-based collaboration and violence, sexual assault, or stalking. the United States concerning the develop- training for those with influence on youth, ‘‘(E) Healthcare entities eligible for reim- ment, and dissemination to institutions of such as parents, teachers, coaches, bursement under title XVIII of the Social Se- higher education, of best practices informa- healthcare providers, faith-leaders, older curity Act, including providers that target tion about campus safety and emergencies. teens, and mentors; the special needs of children and youth. ‘‘(B) The Secretary shall seek the advice ‘‘(C) education and outreach to change en- ‘‘(F) Any other agencies, population-spe- and counsel of the Attorney General of the vironmental factors contributing to domes- cific organizations, or nonprofit, nongovern- United States and the Secretary of Health tic violence, dating violence, sexual assault, mental organizations with the capacity to and Human Services concerning the develop- and stalking; and provide necessary expertise to meet the ment, and dissemination to institutions of ‘‘(D) policy development targeted to pre- goals of the program; or higher education, of best practices informa- vention, including school-based policies and ‘‘(3) a public, charter, tribal, or nationally tion about preventing and responding to in- protocols. accredited private middle or high school, a cidents of domestic violence, dating vio- ‘‘(2) CHILDREN EXPOSED TO VIOLENCE AND school administered by the Department of lence, sexual assault, and stalking, including ABUSE.—To develop, maintain or enhance Defense under section 2164 of title 10, United elements of institutional policies that have programs designed to prevent future inci- States Code or section 1402 of the Defense proven successful based on evidence-based dents of domestic violence, dating violence, Dependents’ Education Act of 1978, a group outcome measurements.’’; and sexual assault, and stalking by preventing, of schools, a school district, or an institution (8) by striking paragraph (17) and inserting reducing and responding to children’s expo- of higher education. the following: sure to violence in the home. Such programs ‘‘(d) GRANTEE REQUIREMENTS.— ‘‘(17) No officer, employee, or agent of an may include— ‘‘(1) IN GENERAL.—Applicants for grants institution participating in any program ‘‘(A) providing services for children ex- under this section shall prepare and submit under this title shall retaliate, intimidate, posed to domestic violence, dating violence, to the Director an application at such time, threaten, coerce, or otherwise discriminate sexual assault or stalking, including direct in such manner, and containing such infor- against any individual for exercising their counseling or advocacy, and support for the mation as the Director may require that rights or responsibilities under any provision non-abusing parent; and demonstrates the capacity of the applicant of this subsection.’’. ‘‘(B) training and coordination for edu- and partnering organizations to undertake (b) EFFECTIVE DATE.—The amendments cational, after-school, and childcare pro- the project. made by this section shall take effect with grams on how to safely and confidentially ‘‘(2) POLICIES AND PROCEDURES.—Applicants respect to the annual security report under identify children and families experiencing under this section shall establish and imple- section 485(f)(1) of the Higher Education Act domestic violence, dating violence, sexual ment policies, practices, and procedures of 1965 (20 U.S.C. 1092(f)(1)) prepared by an in- assault, or stalking and properly refer chil- that— stitution of higher education 1 calendar year dren exposed and their families to services ‘‘(A) include appropriate referral systems after the date of enactment of this Act, and and violence prevention programs. to direct any victim identified during pro- each subsequent calendar year. ‘‘(3) ENGAGING MEN AS LEADERS AND ROLE gram activities to highly qualified follow-up MODELS.—To develop, maintain or enhance care; TITLE IV—VIOLENCE REDUCTION programs that work with men to prevent do- ‘‘(B) protect the confidentiality and pri- PRACTICES mestic violence, dating violence, sexual as- vacy of adult and youth victim information, SEC. 401. STUDY CONDUCTED BY THE CENTERS sault, and stalking by helping men to serve particularly in the context of parental or FOR DISEASE CONTROL AND PRE- as role models and social influencers of other third party involvement and consent, man- VENTION. men and youth at the individual, school, datory reporting duties, and working with Section 402(c) of the Violence Against community or statewide levels. other service providers; Women and Department of Justice Reauthor- ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to ‘‘(C) ensure that all individuals providing ization Act of 2005 (42 U.S.C. 280b–4(c)) is receive a grant under this section, an entity prevention programming through a program amended by striking ‘‘$2,000,000 for each of shall be— funded under this section have completed or the fiscal years 2007 through 2011’’ and in- ‘‘(1) a victim service provider, community- will complete sufficient training in connec- serting ‘‘$1,000,000 for each of the fiscal years based organization, tribe or tribal organiza- tion with domestic violence, dating violence, 2014 through 2018’’. tion, or other non-profit, nongovernmental sexual assault or stalking; and organization that has a history of effective SEC. 402. SAVING MONEY AND REDUCING TRAGE- ‘‘(D) document how prevention programs work preventing domestic violence, dating DIES THROUGH PREVENTION are coordinated with service programs in the GRANTS. violence, sexual assault, or stalking and ex- community. (a) SMART PREVENTION.—Section 41303 of pertise in the specific area for which they ‘‘(3) PREFERENCE.—In selecting grant re- the Violence Against Women Act of 1994 (42 are applying for funds; or cipients under this section, the Attorney U.S.C. 14043d–2) is amended to read as fol- ‘‘(2) a partnership between a victim service General shall give preference to applicants lows: provider, community-based organization, that— tribe or tribal organization, or other non- ‘‘SEC. 41303. SAVING MONEY AND REDUCING ‘‘(A) include outcome-based evaluation; TRAGEDIES THROUGH PREVENTION profit, nongovernmental organization that and (SMART PREVENTION). has a history of effective work preventing ‘‘(B) identify any other community, school, ‘‘(a) GRANTS AUTHORIZED.—The Attorney domestic violence, dating violence, sexual or State-based efforts that are working on General, in consultation with the Secretary assault, or stalking and at least one of the domestic violence, dating violence, sexual of Health and Human Services and the Sec- following that has expertise in serving chil- assault, or stalking prevention and explain retary of Education, is authorized to award dren exposed to domestic violence, dating vi- how the grantee or partnership will add grants for the purpose of preventing domes- olence, sexual assault, or stalking, youth do- value, coordinate with other programs, and tic violence, dating violence, sexual assault, mestic violence, dating violence, sexual as- not duplicate existing efforts. and stalking by taking a comprehensive ap- sault, or stalking prevention, or engaging ‘‘(e) DEFINITIONS AND GRANT CONDITIONS.— proach that focuses on youth, children ex- men to prevent domestic violence, dating vi- In this section, the definitions and grant posed to violence, and men as leaders and olence, sexual assault, or stalking: conditions provided for in section 40002 shall influencers of social norms. ‘‘(A) A public, charter, tribal, or nationally apply. ‘‘(b) USE OF FUNDS.—Funds provided under accredited private middle or high school, a ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— this section may be used for the following school administered by the Department of There is authorized to be appropriated to purposes: Defense under section 2164 of title 10, United carry out this section, $15,000,000 for each of ‘‘(1) TEEN DATING VIOLENCE AWARENESS AND States Code or section 1402 of the Defense fiscal years 2014 through 2018. Amounts ap- PREVENTION.—To develop, maintain, or en- Dependents’ Education Act of 1978, a group propriated under this section may only be hance programs that change attitudes and of schools, or a school district. used for programs and activities described behaviors around the acceptability of domes- ‘‘(B) A local community-based organiza- under this section. tic violence, dating violence, sexual assault, tion, population-specific organization, or ‘‘(g) ALLOTMENT.— and stalking and provide education and faith-based organization that has established ‘‘(1) IN GENERAL.—Not less than 25 percent skills training to young individuals and indi- expertise in providing services to youth. of the total amounts appropriated under this viduals who influence young individuals. The ‘‘(C) A community-based organization, pop- section in each fiscal year shall be used for prevention program may use evidence-based, ulation-specific organization, university or each set of purposes described in paragraphs evidence-informed, or innovative strategies health care clinic, faith-based organization, (1), (2), and (3) of subsection (b). and practices focused on youth. Such a pro- or other non-profit, nongovernmental orga- ‘‘(2) INDIAN TRIBES.—Not less than 10 per- gram should include— nization with a demonstrated history of ef- cent of the total amounts appropriated under ‘‘(A) age and developmentally-appropriate fective work addressing the needs of children this section in each fiscal year shall be made education on domestic violence, dating vio- exposed to domestic violence, dating vio- available for grants to Indian tribes or tribal lence, sexual assault, stalking, and sexual lence, sexual assault, or stalking. organizations. If an insufficient number of

VerDate Mar 15 2010 03:59 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.017 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S628 CONGRESSIONAL RECORD — SENATE February 12, 2013 applications are received from Indian tribes ‘‘(i) the implementation, dissemination, and nursing boards, and where appropriate, or tribal organizations, such funds shall be and evaluation of policies and procedures to other allied health exams. allotted to other population-specific pro- guide health professionals and public health ‘‘(c) REQUIREMENTS FOR GRANTEES.— grams.’’. staff in identifying and responding to domes- ‘‘(1) CONFIDENTIALITY AND SAFETY.— (b) REPEALS.—The following provisions are tic violence, dating violence, sexual assault, ‘‘(A) IN GENERAL.—Grantees under this sec- repealed: and stalking, including strategies to ensure tion shall ensure that all programs developed (1) Sections 41304 and 41305 of the Violence that health information is maintained in a with grant funds address issues of confiden- Against Women Act of 1994 (42 U.S.C. 14043d– manner that protects the patient’s privacy tiality and patient safety and comply with 3 and 14043d–4). and safety, and safely uses health informa- applicable confidentiality and nondisclosure (2) Section 403 of the Violence Against tion technology to improve documentation, requirements under section 40002(b)(2) of the Women and Department of Justice Reauthor- identification, assessment, treatment, and Violence Against Women Act of 1994 and the ization Act of 2005 (42 U.S.C. 14045c). follow-up care; Family Violence Prevention and Services TITLE V—STRENGTHENING THE ‘‘(ii) the development of on-site access to Act, and that faculty and staff associated HEALTHCARE SYSTEM’S RESPONSE TO services to address the safety, medical, and with delivering educational components are DOMESTIC VIOLENCE, DATING VIO- mental health needs of patients by increas- fully trained in procedures that will protect LENCE, SEXUAL ASSAULT, AND STALK- ing the capacity of existing health care pro- the immediate and ongoing security and con- ING fessionals and public health staff to address fidentiality of the patients, patient records, domestic violence, dating violence, sexual and staff. Such grantees shall consult enti- SEC. 501. CONSOLIDATION OF GRANTS TO ties with demonstrated expertise in the con- STRENGTHEN THE HEALTHCARE assault, and stalking, or by contracting with SYSTEM’S RESPONSE TO DOMESTIC or hiring domestic or sexual assault advo- fidentiality and safety needs of victims of VIOLENCE, DATING VIOLENCE, SEX- cates to provide such services or to model domestic violence, dating violence, sexual UAL ASSAULT, AND STALKING. other services appropriate to the geographic assault, and stalking on the development (a) GRANTS.—Section 399P of the Public and cultural needs of a site; and adequacy of confidentially and security Health Service Act (42 U.S.C. 280g–4) is ‘‘(iii) the development of measures and procedures, and provide documentation of amended to read as follows: methods for the evaluation of the practice of such consultation. ‘‘SEC. 399P. GRANTS TO STRENGTHEN THE identification, intervention, and documenta- ‘‘(B) ADVANCE NOTICE OF INFORMATION DIS- HEALTHCARE SYSTEM’S RESPONSE tion regarding victims of domestic violence, CLOSURE.—Grantees under this section shall TO DOMESTIC VIOLENCE, DATING dating violence, sexual assault, and stalking, provide to patients advance notice about any VIOLENCE, SEXUAL ASSAULT, AND including the development and testing of circumstances under which information may STALKING. quality improvement measurements, in ac- be disclosed, such as mandatory reporting ‘‘(a) IN GENERAL.—The Secretary shall cordance with the multi-stakeholder and laws, and shall give patients the option to award grants for— quality measurement processes established receive information and referrals without af- ‘‘(1) the development or enhancement and under paragraphs (7) and (8) of section 1890(b) firmatively disclosing abuse. implementation of interdisciplinary training and section 1890A of the Social Security Act ‘‘(2) LIMITATION ON ADMINISTRATIVE EX- for health professionals, public health staff, (42 U.S.C. 1395aaa(b)(7) and (8); 42 U.S.C. PENSES.—A grantee shall use not more than and allied health professionals; 1890A); and 10 percent of the amounts received under a ‘‘(2) the development or enhancement and ‘‘(iv) the provision of training and follow- grant under this section for administrative implementation of education programs for up technical assistance to health care profes- expenses. medical, nursing, dental, and other health sionals, and public health staff, and allied ‘‘(3) APPLICATION.— profession students and residents to prevent health professionals to identify, assess, ‘‘(A) PREFERENCE.—In selecting grant re- and respond to domestic violence, dating vio- treat, and refer clients who are victims of cipients under this section, the Secretary lence, sexual assault, and stalking; and domestic violence, dating violence, sexual shall give preference to applicants based on ‘‘(3) the development or enhancement and assault, or stalking, including using tools the strength of their evaluation strategies, implementation of comprehensive statewide and training materials already developed. with priority given to outcome based evalua- strategies to improve the response of clinics, ‘‘(2) PERMISSIBLE USES.— tions. public health facilities, hospitals, and other ‘‘(A) CHILD AND ELDER ABUSE.—To the ex- ‘‘(B) SUBSECTION (A)(1) AND (2) GRANTEES.— health settings (including behavioral and tent consistent with the purpose of this sec- Applications for grants under paragraphs (1) mental health programs) to domestic vio- tion, a grantee may use amounts received and (2) of subsection (a) shall include— lence, dating violence, sexual assault, and under this section to address, as part of a ‘‘(i) documentation that the applicant rep- stalking. comprehensive programmatic approach im- resents a team of entities working collabo- ‘‘(b) USE OF FUNDS.— plemented under the grant, issues relating to ratively to strengthen the response of the ‘‘(1) REQUIRED USES.—Amounts provided child or elder abuse. health care system to domestic violence, under a grant under this section shall be ‘‘(B) RURAL AREAS.—Grants funded under dating violence, sexual assault, or stalking, used to— paragraphs (1) and (2) of subsection (a) may and which includes at least one of each of— ‘‘(A) fund interdisciplinary training and be used to offer to rural areas community- ‘‘(I) an accredited school of allopathic or education programs under paragraphs (1) and based training opportunities, which may in- osteopathic medicine, psychology, nursing, (2) of subsection (a) that— clude the use of distance learning networks dentistry, social work, or other health field; ‘‘(i) are designed to train medical, psy- and other available technologies needed to ‘‘(II) a health care facility or system; or chology, dental, social work, nursing, and reach isolated rural areas, for medical, nurs- ‘‘(III) a government or nonprofit entity other health profession students, interns, ing, and other health profession students and with a history of effective work in the fields residents, fellows, or current health care pro- residents on domestic violence, dating vio- of domestic violence, dating violence, sexual viders to identify and provide health care lence, sexual assault, stalking, and, as appro- assault, or stalking; and services (including mental or behavioral priate, other forms of violence and abuse. ‘‘(ii) strategies for the dissemination and health care services and referrals to appro- ‘‘(C) OTHER USES.—Grants funded under sharing of curricula and other educational priate community services) to individuals subsection (a)(3) may be used for— materials developed under the grant, if any, who are or who have been victims of domes- ‘‘(i) the development of training modules with other interested health professions tic violence, dating violence, sexual assault, and policies that address the overlap of child schools and national resource repositories or stalking; and abuse, domestic violence, dating violence, for materials on domestic violence, dating ‘‘(ii) plan and develop culturally com- sexual assault, and stalking and elder abuse, violence, sexual assault, and stalking. petent clinical training components for inte- as well as childhood exposure to domestic ‘‘(C) SUBSECTION (A)(3) GRANTEES.—An enti- gration into approved internship, residency, and sexual violence; ty desiring a grant under subsection (a)(3) and fellowship training or continuing med- ‘‘(ii) the development, expansion, and im- shall submit an application to the Secretary ical or other health education training that plementation of sexual assault forensic med- at such time, in such a manner, and con- address physical, mental, and behavioral ical examination or sexual assault nurse ex- taining such information and assurances as health issues, including protective factors, aminer programs; the Secretary may require, including— related to domestic violence, dating vio- ‘‘(iii) the inclusion of the health effects of ‘‘(i) documentation that all training, edu- lence, sexual assault, stalking, and other lifetime exposure to violence and abuse as cation, screening, assessment, services, forms of violence and abuse, focus on reduc- well as related protective factors and behav- treatment, and any other approach to pa- ing health disparities and preventing vio- ioral risk factors in health professional tient care will be informed by an under- lence and abuse, and include the primacy of training schools including medical, dental, standing of violence and abuse victimization victim safety and confidentiality; nursing, social work, and mental and behav- and trauma-specific approaches that will be ‘‘(B) design and implement comprehensive ioral health curricula, and allied health serv- integrated into prevention, intervention, and strategies to improve the response of the ice training courses; or treatment activities; health care system to domestic or sexual vi- ‘‘(iv) the integration of knowledge of do- ‘‘(ii) strategies for the development and olence in clinical and public health settings, mestic violence, dating violence, sexual as- implementation of policies to prevent and hospitals, clinics, and other health settings sault, and stalking into health care accredi- address domestic violence, dating violence, (including behavioral and mental health), tation and professional licensing examina- sexual assault, and stalking over the lifespan under subsection (a)(3) through— tions, such as medical, dental, social work, in health care settings;

VerDate Mar 15 2010 03:59 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.017 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S629 ‘‘(iii) a plan for consulting with State and ‘‘(B) the programs and activities supported ‘‘(A) a spouse, parent, brother, sister, or tribal domestic violence or sexual assault by such funds. child of that individual, or an individual to coalitions, national nonprofit victim advo- ‘‘(f) RESEARCH AND EVALUATION.— whom that individual stands in loco cacy organizations, State or tribal law en- ‘‘(1) IN GENERAL.—Of the funds made avail- parentis; or forcement task forces (where appropriate), able to carry out this section for any fiscal ‘‘(B) any individual, tenant, or lawful occu- and population specific organizations with year, the Secretary may use not more than pant living in the household of that indi- demonstrated expertise in domestic violence, 20 percent to make a grant or enter into a vidual. dating violence, sexual assault, or stalking; contract for research and evaluation of— ‘‘(2) APPROPRIATE AGENCY.—The term ‘ap- ‘‘(iv) with respect to an application for a ‘‘(A) grants awarded under this section; propriate agency’ means, with respect to a grant under which the grantee will have con- and covered housing program, the Executive de- tact with patients, a plan, developed in col- ‘‘(B) other training for health professionals partment (as defined in section 101 of title 5, laboration with local victim service pro- and effective interventions in the health United States Code) that carries out the cov- viders, to respond appropriately to and make care setting that prevent domestic violence, ered housing program. correct referrals for individuals who disclose dating violence, and sexual assault across ‘‘(3) COVERED HOUSING PROGRAM.—The term that they are victims of domestic violence, the lifespan, prevent the health effects of ‘covered housing program’ means— dating violence, sexual assault, stalking, or such violence, and improve the safety and ‘‘(A) the program under section 202 of the other types of violence, and documentation health of individuals who are currently being Housing Act of 1959 (12 U.S.C. 1701q); provided by the grantee of an ongoing col- victimized. ‘‘(B) the program under section 811 of the laborative relationship with a local victim ‘‘(2) RESEARCH.—Research authorized in Cranston-Gonzalez National Affordable service provider; and paragraph (1) may include— Housing Act (42 U.S.C. 8013); ‘‘(v) with respect to an application for a ‘‘(A) research on the effects of domestic vi- ‘‘(C) the program under subtitle D of title grant proposing to fund a program described olence, dating violence, sexual assault, and VIII of the Cranston-Gonzalez National Af- in subsection (b)(2)(C)(ii), a certification that childhood exposure to domestic, dating or fordable Housing Act (42 U.S.C. 12901 et seq.); any sexual assault forensic medical examina- sexual violence on health behaviors, health ‘‘(D) the program under subtitle A of title tion and sexual assault nurse examiner pro- conditions, and health status of individuals, IV of the McKinney-Vento Homeless Assist- grams supported with such grant funds will families, and populations, including under- ance Act (42 U.S.C. 11360 et seq.); adhere to the guidelines set forth by the At- served populations; ‘‘(E) the program under subtitle A of title torney General. ‘‘(B) research to determine effective health II of the Cranston-Gonzalez National Afford- ‘‘(d) ELIGIBLE ENTITIES.— care interventions to respond to and prevent able Housing Act (42 U.S.C. 12741 et seq.); ‘‘(1) IN GENERAL.—To be eligible to receive domestic violence, dating violence, sexual ‘‘(F) the program under paragraph (3) of funding under paragraph (1) or (2) of sub- assault, and stalking; section 221(d) of the National Housing Act (12 section (a), an entity shall be— ‘‘(C) research on the impact of domestic, U.S.C. 1715l(d)) that bears interest at a rate ‘‘(A) a nonprofit organization with a his- dating and sexual violence, childhood expo- determined under the proviso under para- tory of effective work in the field of training sure to such violence, and stalking on the graph (5) of such section 221(d); health professionals with an understanding health care system, health care utilization, ‘‘(G) the program under section 236 of the of, and clinical skills pertinent to, domestic health care costs, and health status; and National Housing Act (12 U.S.C. 1715z–1); violence, dating violence, sexual assault, or ‘‘(D) research on the impact of adverse ‘‘(H) the programs under sections 6 and 8 of stalking, and lifetime exposure to violence childhood experiences on adult experience the United States Housing Act of 1937 (42 and abuse; with domestic violence, dating violence, sex- U.S.C. 1437d and 1437f); ‘‘(B) an accredited school of allopathic or ual assault, stalking, and adult health out- ‘‘(I) rural housing assistance provided osteopathic medicine, psychology, nursing, comes, including how to reduce or prevent under sections 514, 515, 516, 533, and 538 of the dentistry, social work, or allied health; the impact of adverse childhood experiences Housing Act of 1949 (42 U.S.C. 1484, 1485, 1486, ‘‘(C) a health care provider membership or through the health care setting. 1490m, and 1490p–2); and professional organization, or a health care ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(J) the low income housing tax credit pro- system; or There is authorized to be appropriated to gram under section 42 of the Internal Rev- ‘‘(D) a State, tribal, territorial, or local en- carry out this section, $10,000,000 for each of enue Code of 1986. tity. fiscal years 2014 through 2018. ‘‘(b) PROHIBITED BASIS FOR DENIAL OR TER- ‘‘(2) SUBSECTION (A)(3) GRANTEES.—To be eli- ‘‘(h) DEFINITIONS.—Except as otherwise MINATION OF ASSISTANCE OR EVICTION.— gible to receive funding under subsection provided herein, the definitions provided for ‘‘(1) IN GENERAL.—An applicant for or ten- (a)(3), an entity shall be— in section 40002 of the Violence Against ant of housing assisted under a covered hous- ‘‘(A) a State department (or other division) Women Act of 1994 shall apply to this sec- ing program may not be denied admission to, of health, a State, tribal, or territorial do- tion.’’. denied assistance under, terminated from mestic violence or sexual assault coalition (b) REPEALS.—The following provisions are participation in, or evicted from the housing or victim service provider, or any other non- repealed: on the basis that the applicant or tenant is profit, nongovernmental organization with a (1) Section 40297 of the Violence Against or has been a victim of domestic violence, history of effective work in the fields of do- Women Act of 1994 (42 U.S.C. 13973). dating violence, sexual assault, or stalking, mestic violence, dating violence, sexual as- (2) Section 758 of the Public Health Service if the applicant or tenant otherwise qualifies sault, or stalking, and health care, including Act (42 U.S.C. 294h). for admission, assistance, participation, or physical or mental health care; or TITLE VI—SAFE HOMES FOR VICTIMS OF occupancy. ‘‘(B) a local victim service provider, a local DOMESTIC VIOLENCE, DATING VIO- ‘‘(2) CONSTRUCTION OF LEASE TERMS.—An in- department (or other division) of health, a LENCE, SEXUAL ASSAULT, AND STALK- cident of actual or threatened domestic vio- local health clinic, hospital, or health sys- ING lence, dating violence, sexual assault, or tem, or any other community-based organi- SEC. 601. HOUSING PROTECTIONS FOR VICTIMS stalking shall not be construed as— zation with a history of effective work in the OF DOMESTIC VIOLENCE, DATING ‘‘(A) a serious or repeated violation of a field of domestic violence, dating violence, VIOLENCE, SEXUAL ASSAULT, AND lease for housing assisted under a covered sexual assault, or stalking and health care, STALKING. housing program by the victim or threatened including physical or mental health care. (a) AMENDMENT.—Subtitle N of the Vio- victim of such incident; or ‘‘(e) TECHNICAL ASSISTANCE.— lence Against Women Act of 1994 (42 U.S.C. ‘‘(B) good cause for terminating the assist- ‘‘(1) IN GENERAL.—Of the funds made avail- 14043e et seq.) is amended— ance, tenancy, or occupancy rights to hous- able to carry out this section for any fiscal (1) by inserting after the subtitle heading ing assisted under a covered housing pro- year, the Secretary may make grants or the following: gram of the victim or threatened victim of enter into contracts to provide technical as- ‘‘CHAPTER 1—GRANT PROGRAMS’’; such incident. sistance with respect to the planning, devel- (2) in section 41402 (42 U.S.C. 14043e–1), in ‘‘(3) TERMINATION ON THE BASIS OF CRIMINAL opment, and operation of any program, ac- the matter preceding paragraph (1), by strik- ACTIVITY.— tivity or service carried out pursuant to this ing ‘‘subtitle’’ and inserting ‘‘chapter’’; ‘‘(A) DENIAL OF ASSISTANCE, TENANCY, AND section. Not more than 8 percent of the funds (3) in section 41403 (42 U.S.C. 14043e–2), in OCCUPANCY RIGHTS PROHIBITED.—No person appropriated under this section in each fiscal the matter preceding paragraph (1), by strik- may deny assistance, tenancy, or occupancy year may be used to fund technical assist- ing ‘‘subtitle’’ and inserting ‘‘chapter’’; and rights to housing assisted under a covered ance under this subsection. (4) by adding at the end the following: housing program to a tenant solely on the ‘‘(2) AVAILABILITY OF MATERIALS.—The Sec- ‘‘CHAPTER 2—HOUSING RIGHTS basis of criminal activity directly relating to retary shall make publicly available mate- ‘‘SEC. 41411. HOUSING PROTECTIONS FOR VIC- domestic violence, dating violence, sexual rials developed by grantees under this sec- TIMS OF DOMESTIC VIOLENCE, DAT- assault, or stalking that is engaged in by a tion, including materials on training, best ING VIOLENCE, SEXUAL ASSAULT, member of the household of the tenant or practices, and research and evaluation. AND STALKING. any guest or other person under the control ‘‘(3) REPORTING.—The Secretary shall pub- ‘‘(a) DEFINITIONS.—In this chapter: of the tenant, if the tenant or an affiliated lish a biennial report on— ‘‘(1) AFFILIATED INDIVIDUAL.—The term ‘af- individual of the tenant is the victim or ‘‘(A) the distribution of funds under this filiated individual’ means, with respect to an threatened victim of such domestic violence, section; and individual— dating violence, sexual assault, or stalking.

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‘‘(B) BIFURCATION.— public housing agency or owner or manager ‘‘(5) DOCUMENTATION NOT REQUIRED.—Noth- ‘‘(i) IN GENERAL.—Notwithstanding sub- may request, in writing, that the applicant ing in this subsection shall be construed to paragraph (A), a public housing agency or or tenant submit to the public housing agen- require a public housing agency or owner or owner or manager of housing assisted under cy or owner or manager a form of docu- manager of housing assisted under a covered a covered housing program may bifurcate a mentation described in paragraph (3). housing program to request that an indi- lease for the housing in order to evict, re- ‘‘(2) FAILURE TO PROVIDE CERTIFICATION.— vidual submit documentation of the status of move, or terminate assistance to any indi- ‘‘(A) IN GENERAL.—If an applicant or tenant the individual as a victim of domestic vio- vidual who is a tenant or lawful occupant of does not provide the documentation re- lence, dating violence, sexual assault, or the housing and who engages in criminal ac- quested under paragraph (1) within 14 busi- stalking. tivity directly relating to domestic violence, ness days after the tenant receives a request ‘‘(6) COMPLIANCE NOT SUFFICIENT TO CON- dating violence, sexual assault, or stalking in writing for such certification from a pub- STITUTE EVIDENCE OF UNREASONABLE ACT.— against an affiliated individual or other indi- lic housing agency or owner or manager of Compliance with subsection (b) by a public vidual, without evicting, removing, termi- housing assisted under a covered housing housing agency or owner or manager of hous- nating assistance to, or otherwise penalizing program, nothing in this chapter may be ing assisted under a covered housing pro- a victim of such criminal activity who is construed to limit the authority of the pub- gram based on documentation received under also a tenant or lawful occupant of the hous- lic housing agency or owner or manager to— this subsection, shall not be sufficient to ing. ‘‘(i) deny admission by the applicant or constitute evidence of an unreasonable act ‘‘(ii) EFFECT OF EVICTION ON OTHER TEN- tenant to the covered program; or omission by the public housing agency or ANTS.—If public housing agency or owner or ‘‘(ii) deny assistance under the covered owner or manager or an employee or agent of manager of housing assisted under a covered program to the applicant or tenant; the public housing agency or owner or man- housing program evicts, removes, or termi- ‘‘(iii) terminate the participation of the ager. Nothing in this paragraph shall be con- nates assistance to an individual under applicant or tenant in the covered program; strued to limit the liability of a public hous- clause (i), and the individual is the sole ten- or ing agency or owner or manager of housing ant eligible to receive assistance under a ‘‘(iv) evict the applicant, the tenant, or a assisted under a covered housing program for covered housing program, the public housing lawful occupant that commits violations of a failure to comply with subsection (b). agency or owner or manager of housing as- lease. ‘‘(7) RESPONSE TO CONFLICTING CERTIFI- sisted under the covered housing program ‘‘(B) EXTENSION.—A public housing agency CATION.—If a public housing agency or owner shall provide any remaining tenant an oppor- or owner or manager of housing may extend or manager of housing assisted under a cov- tunity to establish eligibility for the covered the 14-day deadline under subparagraph (A) ered housing program receives documenta- housing program. If a tenant described in the at its discretion. tion under this subsection that contains con- preceding sentence cannot establish eligi- ‘‘(3) FORM OF DOCUMENTATION.—A form of flicting information, the public housing bility, the public housing agency or owner or documentation described in this paragraph agency or owner or manager may require an manager of the housing shall provide the is— applicant or tenant to submit third-party tenant a reasonable time, as determined by ‘‘(A) a certification form approved by the documentation, as described in subparagraph the appropriate agency, to find new housing appropriate agency that— (B), (C), or (D) of paragraph (3). or to establish eligibility for housing under ‘‘(i) states that an applicant or tenant is a ‘‘(8) PREEMPTION.—Nothing in this sub- another covered housing program. victim of domestic violence, dating violence, section shall be construed to supersede any ‘‘(C) RULES OF CONSTRUCTION.—Nothing in sexual assault, or stalking; provision of any Federal, State, or local law subparagraph (A) shall be construed— ‘‘(ii) states that the incident of domestic that provides greater protection than this ‘‘(i) to limit the authority of a public hous- violence, dating violence, sexual assault, or subsection for victims of domestic violence, ing agency or owner or manager of housing stalking that is the ground for protection dating violence, sexual assault, or stalking. assisted under a covered housing program, under subsection (b) meets the requirements ‘‘(d) NOTIFICATION.— when notified of a court order, to comply under subsection (b); and ‘‘(1) DEVELOPMENT.—The Secretary of with a court order with respect to— ‘‘(iii) includes the name of the individual Housing and Urban Development shall de- ‘‘(I) the rights of access to or control of who committed the domestic violence, dat- velop a notice of the rights of individuals property, including civil protection orders ing violence, sexual assault, or stalking, if under this section, including the right to issued to protect a victim of domestic vio- the name is known and safe to provide; confidentiality and the limits thereof. lence, dating violence, sexual assault, or ‘‘(B) a document that— ‘‘(2) PROVISION.—Each public housing agen- stalking; or ‘‘(i) is signed by— cy or owner or manager of housing assisted ‘‘(II) the distribution or possession of prop- ‘‘(I) an employee, agent, or volunteer of a under a covered housing program shall pro- erty among members of a household in a victim service provider, an attorney, a med- vide the notice developed under paragraph case; ical professional, or a mental health profes- (1), together with the form described in sub- ‘‘(ii) to limit any otherwise available au- sional from whom an applicant or tenant has section (c)(3)(A), to an applicant for or ten- thority of a public housing agency or owner sought assistance relating to domestic vio- ants of housing assisted under a covered or manager of housing assisted under a cov- lence, dating violence, sexual assault, or housing program— ered housing program to evict or terminate stalking, or the effects of the abuse; and ‘‘(A) at the time the applicant is denied assistance to a tenant for any violation of a ‘‘(II) the applicant or tenant; and residency in a dwelling unit assisted under lease not premised on the act of violence in ‘‘(ii) states under penalty of perjury that the covered housing program; question against the tenant or an affiliated the individual described in clause (i)(I) be- ‘‘(B) at the time the individual is admitted person of the tenant, if the public housing lieves that the incident of domestic violence, to a dwelling unit assisted under the covered agency or owner or manager does not subject dating violence, sexual assault, or stalking housing program; an individual who is or has been a victim of that is the ground for protection under sub- ‘‘(C) with any notification of eviction or domestic violence, dating violence, or stalk- section (b) meets the requirements under notification of termination of assistance; ing to a more demanding standard than subsection (b); and other tenants in determining whether to ‘‘(C) a record of a Federal, State, tribal, ‘‘(D) in multiple languages, consistent with evict or terminate; territorial, or local law enforcement agency, guidance issued by the Secretary of Housing ‘‘(iii) to limit the authority to terminate court, or administrative agency; or and Urban Development in accordance with assistance to a tenant or evict a tenant from ‘‘(D) at the discretion of a public housing Executive Order 13166 (42 U.S.C. 2000d–1 note; housing assisted under a covered housing agency or owner or manager of housing as- relating to access to services for persons program if a public housing agency or owner sisted under a covered housing program, a with limited English proficiency). or manager of the housing can demonstrate statement or other evidence provided by an ‘‘(e) EMERGENCY TRANSFERS.—Each appro- that an actual and imminent threat to other applicant or tenant. priate agency shall adopt a model emergency tenants or individuals employed at or pro- ‘‘(4) CONFIDENTIALITY.—Any information transfer plan for use by public housing agen- viding service to the property would be submitted to a public housing agency or cies and owners or managers of housing as- present if the assistance is not terminated or owner or manager under this subsection, in- sisted under covered housing programs the tenant is not evicted; or cluding the fact that an individual is a vic- that— ‘‘(iv) to supersede any provision of any tim of domestic violence, dating violence, ‘‘(1) allows tenants who are victims of do- Federal, State, or local law that provides sexual assault, or stalking shall be main- mestic violence, dating violence, sexual as- greater protection than this section for vic- tained in confidence by the public housing sault, or stalking to transfer to another tims of domestic violence, dating violence, agency or owner or manager and may not be available and safe dwelling unit assisted sexual assault, or stalking. entered into any shared database or dis- under a covered housing program if— ‘‘(c) DOCUMENTATION.— closed to any other entity or individual, ex- ‘‘(A) the tenant expressly requests the ‘‘(1) REQUEST FOR DOCUMENTATION.—If an cept to the extent that the disclosure is— transfer; and applicant for, or tenant of, housing assisted ‘‘(A) requested or consented to by the indi- ‘‘(B)(i) the tenant reasonably believes that under a covered housing program represents vidual in writing; the tenant is threatened with imminent to a public housing agency or owner or man- ‘‘(B) required for use in an eviction pro- harm from further violence if the tenant re- ager of the housing that the individual is en- ceeding under subsection (b); or mains within the same dwelling unit assisted titled to protection under subsection (b), the ‘‘(C) otherwise required by applicable law. under a covered housing program; or

VerDate Mar 15 2010 03:59 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.017 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S631 ‘‘(ii) in the case of a tenant who is a victim serious or repeated violation of the lease by ‘‘(ii) does not propose any activities that of sexual assault, the sexual assault occurred the victim or threatened victim of that vio- may compromise victim safety, including— on the premises during the 90 day period pre- lence and shall not be good cause for termi- ‘‘(I) background checks of victims; or ceding the request for transfer; and nating the tenancy or occupancy rights of ‘‘(II) clinical evaluations to determine eli- ‘‘(2) incorporates reasonable confiden- the victim of such violence’’; and gibility for services; tiality measures to ensure that the public (II) in subparagraph (D), by striking ‘‘; ex- ‘‘(iii) reflects an understanding of the dy- housing agency or owner or manager does cept that’’ and all that follows through namics of domestic violence, dating violence, not disclose the location of the dwelling unit ‘‘stalking.’’; and sexual assault, or stalking; and of a tenant to a person that commits an act (iii) by striking paragraph (20); and ‘‘(iv) does not propose prohibited activi- of domestic violence, dating violence, sexual (E) by striking subsection (ee). ties, including mandatory services for vic- assault, or stalking against the tenant. (3) RULE OF CONSTRUCTION.—Nothing in this tims.’’. ‘‘(f) POLICIES AND PROCEDURES FOR EMER- Act, or the amendments made by this Act, SEC. 603. ADDRESSING THE HOUSING NEEDS OF GENCY TRANSFER.—The Secretary of Housing shall be construed— VICTIMS OF DOMESTIC VIOLENCE, and Urban Development shall establish poli- (A) to limit the rights or remedies avail- DATING VIOLENCE, SEXUAL AS- cies and procedures under which a victim re- able to any person under section 6 or 8 of the SAULT, AND STALKING. questing an emergency transfer under sub- United States Housing Act of 1937 (42 U.S.C. Subtitle N of the Violence Against Women section (e) may receive, subject to the avail- 1437d and 1437f), as in effect on the day before Act of 1994 (42 U.S.C. 14043e et seq.) is amend- ability of tenant protection vouchers, assist- the date of enactment of this Act; ed— ance under section 8(o) of the United States (B) to limit any right, remedy, or proce- (1) in section 41404(i) (42 U.S.C. 14043e–3(i)), Housing Act of 1937 (42 U.S.C. 1437f(o)). dure otherwise available under any provision by striking ‘‘$10,000,000 for each of fiscal ‘‘(g) IMPLEMENTATION.—The appropriate of part 5, 91, 880, 882, 883, 884, 886, 891, 903, 960, years 2007 through 2011’’ and inserting agency with respect to each covered housing 966, 982, or 983 of title 24, Code of Federal ‘‘$4,000,000 for each of fiscal years 2014 program shall implement this section, as Regulations, that— through 2018’’; and this section applies to the covered housing (i) was issued under the Violence Against (2) in section 41405(g) (42 U.S.C. 14043e–4(g)), program.’’. Women and Department of Justice Reauthor- (b) CONFORMING AMENDMENTS.— by striking ‘‘$10,000,000 for each of fiscal ization Act of 2005 (Public Law 109–162; 119 (1) SECTION 6.—Section 6 of the United years 2007 through 2011’’ and inserting States Housing Act of 1937 (42 U.S.C. 1437d) is Stat. 2960) or an amendment made by that ‘‘$4,000,000 for each of fiscal years 2014 amended— Act; and through 2018’’. (ii) provides greater protection for victims (A) in subsection (c)— TITLE VII—ECONOMIC SECURITY FOR of domestic violence, dating violence, sexual (i) by striking paragraph (3); and VICTIMS OF VIOLENCE (ii) by redesignating paragraphs (4) and (5) assault, and stalking than this Act; or (C) to disqualify an owner, manager, or SEC. 701. NATIONAL RESOURCE CENTER ON as paragraphs (3) and (4), respectively; WORKPLACE RESPONSES TO ASSIST (B) in subsection (l)— other individual from participating in or re- ceiving the benefits of the low income hous- VICTIMS OF DOMESTIC AND SEXUAL (i) in paragraph (5), by striking ‘‘, and that VIOLENCE. an incident or incidents of actual or threat- ing tax credit program under section 42 of the Internal Revenue Code of 1986 because of Section 41501(e) of the Violence Against ened domestic violence, dating violence, or Women Act of 1994 (42 U.S.C. 14043f(e)) is noncompliance with the provisions of this stalking will not be construed as a serious or amended by striking ‘‘fiscal years 2007 Act. repeated violation of the lease by the victim through 2011’’ and inserting ‘‘fiscal years 2014 or threatened victim of that violence and SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS OF DOMESTIC through 2018’’. will not be good cause for terminating the VIOLENCE, DATING VIOLENCE, SEX- TITLE VIII—PROTECTION OF BATTERED tenancy or occupancy rights of the victim of UAL ASSAULT, AND STALKING. IMMIGRANTS such violence’’; and Chapter 11 of subtitle B of the Violence (ii) in paragraph (6), by striking ‘‘; except Against Women Act of 1994 (42 U.S.C. 13975 et SEC. 801. U NONIMMIGRANT DEFINITION. that’’ and all that follows through ‘‘stalk- seq.) is amended— Section 101(a)(15)(U)(iii) of the Immigra- ing.’’; and (1) in the chapter heading, by striking tion and Nationality Act (8 U.S.C. (C) by striking subsection (u). ‘‘CHILD VICTIMS OF DOMESTIC VIOLENCE, 1101(a)(15)(U)(iii)) is amended by inserting (2) SECTION 8.—Section 8 of the United STALKING, OR SEXUAL ASSAULT’’ and in- ‘‘stalking;’’ after ‘‘sexual exploitation;’’. States Housing Act of 1937 (42 U.S.C. 1437f) is serting ‘‘VICTIMS OF DOMESTIC VIO- SEC. 802. ANNUAL REPORT ON IMMIGRATION AP- amended— LENCE, DATING VIOLENCE, SEXUAL AS- PLICATIONS MADE BY VICTIMS OF (A) in subsection (c), by striking paragraph SAULT, OR STALKING’’; and ABUSE. (9); (2) in section 40299 (42 U.S.C. 13975)— Not later than December 1, 2014, and annu- (B) in subsection (d)(1)— (A) in the header, by striking ‘‘CHILD VIC- ally thereafter, the Secretary of Homeland (i) in subparagraph (A), by striking ‘‘and TIMS OF DOMESTIC VIOLENCE, STALKING, Security shall submit to the Committee on that an applicant or participant is or has OR SEXUAL ASSAULT’’ and inserting ‘‘VIC- the Judiciary of the Senate and the Com- been a victim of domestic violence, dating TIMS OF DOMESTIC VIOLENCE, DATING mittee on the Judiciary of the House of Rep- violence, or stalking is not an appropriate VIOLENCE, SEXUAL ASSAULT, OR STALK- resentatives a report that includes the fol- basis for denial of program assistance or for ING’’; lowing: denial of admission if the applicant other- (B) in subsection (a)(1), by striking ‘‘flee- (1) The number of aliens who— wise qualifies for assistance or admission’’; ing’’; (A) submitted an application for non- and (C) in subsection (b)(3)— immigrant status under paragraph (15)(T)(i), (ii) in subparagraph (B)— (i) in subparagraph (A), by striking ‘‘ and’’ (15)(U)(i), or (51) of section 101(a) of the Im- (I) in clause (ii), by striking ‘‘, and that an at the end; migration and Nationality Act (8 U.S.C. incident or incidents of actual or threatened (ii) by redesignating subparagraph (B) as 1101(a)) during the preceding fiscal year; domestic violence, dating violence, or stalk- subparagraph (C); (B) were granted such nonimmigrant sta- ing will not be construed as a serious or re- (iii) by inserting after subparagraph (A) tus during such fiscal year; or peated violation of the lease by the victim or the following: (C) were denied such nonimmigrant status threatened victim of that violence and will ‘‘(B) secure employment, including obtain- during such fiscal year. not be good cause for terminating the ten- ing employment counseling, occupational (2) The mean amount of time and median ancy or occupancy rights of the victim of training, job retention counseling, and coun- amount of time to adjudicate an application such violence’’; and seling concerning re-entry in to the work- for such nonimmigrant status during such (II) in clause (iii), by striking ‘‘, except force; and’’; and fiscal year. that:’’ and all that follows through ‘‘stalk- (iv) in subparagraph (C), as redesignated by (3) The mean amount of time and median ing.’’; clause (ii), by striking ‘‘ employment coun- amount of time between the receipt of an ap- (C) in subsection (f)— seling,’’; and plication for such nonimmigrant status and (i) in paragraph (6), by adding ‘‘and’’ at the (D) in subsection (g)— the issuance of work authorization to an eli- end; (i) in paragraph (1), by striking ‘‘$40,000,000 gible applicant during the preceding fiscal (ii) in paragraph (7), by striking the semi- for each of fiscal years 2007 through 2011’’ year. colon at the end and inserting a period; and and inserting ‘‘$35,000,000 for each of fiscal (4) The number of aliens granted continued (iii) by striking paragraphs (8), (9), (10), and years 2014 through 2018’’; and presence in the United States under section (11); (ii) in paragraph (3)— 107(c)(3) of the Trafficking Victims Protec- (D) in subsection (o)— (I) in subparagraph (A), by striking ‘‘eligi- tion Act of 2000 (22 U.S.C. 7105(c)(3)) during (i) in paragraph (6)(B), by striking the last ble’’ and inserting ‘‘qualified’’; and the preceding fiscal year. sentence; (II) by adding at the end the following: (5) A description of any actions being (ii) in paragraph (7)— ‘‘(D) QUALIFIED APPLICATION DEFINED.—In taken to reduce the adjudication and proc- (I) in subparagraph (C), by striking ‘‘and this paragraph, the term ‘qualified applica- essing time, while ensuring the safe and that an incident or incidents of actual or tion’ means an application that— competent processing, of an application de- threatened domestic violence, dating vio- ‘‘(i) has been submitted by an eligible ap- scribed in paragraph (1) or a request for con- lence, or stalking shall not be construed as a plicant; tinued presence referred to in paragraph (4).

VerDate Mar 15 2010 05:51 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.017 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S632 CONGRESSIONAL RECORD — SENATE February 12, 2013 SEC. 803. PROTECTION FOR CHILDREN OF VAWA Secretary of Homeland Security, in the Sec- ‘‘(v) The Secretary of Homeland Security SELF-PETITIONERS. retary’s’’; and shall create a cover sheet or other mecha- Section 204(l)(2) of the Immigration and (2) in the undesignated paragraph at the nism to accompany the information required Nationality Act (8 U.S.C. 1154(l)(2)) is amend- end— to be provided to an applicant for a visa ed— (A) in the first sentence, by striking ‘‘At- under subsection (d) or (r) of section 214 of (1) in subparagraph (E), by striking ‘‘or’’ at torney General’’ and inserting ‘‘Secretary of the Immigration and Nationality Act (8 the end; Homeland Security’’; U.S.C. 1184) by clauses (i) through (iv) of this (2) by redesignating subparagraph (F) as (B) in the second sentence, by striking paragraph or by clauses (i) and (ii) of sub- subparagraph (G); and ‘‘Attorney General’’ and inserting ‘‘Sec- section (r)(4)(B) of such section 214, that (3) by inserting after subparagraph (E) the retary’’; calls to the applicant’s attention— following: (C) in the third sentence, by striking ‘‘At- ‘‘(I) whether the petitioner disclosed a pro- ‘‘(F) a child of an alien who filed a pending torney General.’’ and inserting ‘‘Secretary.’’; tection order, a restraining order, or crimi- or approved petition for classification or ap- and nal history information on the visa petition; plication for adjustment of status or other (D) in the fourth sentence, by striking ‘‘At- ‘‘(II) the criminal background information benefit specified in section 101(a)(51) as a torney General’’ and inserting ‘‘Secretary’’. and information about any protection order VAWA self-petitioner; or’’. SEC. 807. PROTECTIONS FOR A FIANCE´ E OR obtained by the Secretary of Homeland Secu- ´ SEC. 804. PUBLIC CHARGE. FIANCE OF A CITIZEN. rity regarding the petitioner in the course of Section 212(a)(4) of the Immigration and (a) IN GENERAL.—Section 214 of the Immi- adjudicating the petition; and Nationality Act (8 U.S.C. 1182(a)(4)) is gration and Nationality Act (8 U.S.C. 1184) is ‘‘(III) whether the information the peti- amended by adding at the end the following: amended— tioner disclosed on the visa petition regard- ‘‘(E) SPECIAL RULE FOR QUALIFIED ALIEN (1) in subsection (d)— ing any previous petitions filed under sub- VICTIMS.—Subparagraphs (A), (B), and (C) (A) in paragraph (1), by striking ‘‘crime.’’ section (d) or (r) of such section 214 is con- shall not apply to an alien who— and inserting ‘‘crime described in paragraph sistent with the information in the multiple ‘‘(i) is a VAWA self-petitioner; (3)(B) and information on any permanent visa tracking database of the Department of ‘‘(ii) is an applicant for, or is granted, non- protection or restraining order issued Homeland Security, as described in sub- immigrant status under section 101(a)(15)(U); against the petitioner related to any speci- section (r)(4)(A) of such section 214.’’; and or fied crime described in paragraph (3)(B)(i).’’; (2) in subsection (b)(1)(A), by striking ‘‘or’’ ‘‘(iii) is a qualified alien described in sec- (B) in paragraph (2)(A), in the matter pre- after ‘‘orders’’ and inserting ‘‘and’’. ceding clause (i)— tion 431(c) of the Personal Responsibility and SEC. 808. REGULATION OF INTERNATIONAL MAR- Work Opportunity Reconciliation Act of 1996 (i) by striking ‘‘a consular officer’’ and in- RIAGE BROKERS. serting ‘‘the Secretary of Homeland Secu- (8 U.S.C. 1641(c)).’’. (a) IMPLEMENTATION OF THE INTERNATIONAL rity’’; and SEC. 805. REQUIREMENTS APPLICABLE TO U MARRIAGE BROKER ACT OF 2005.— (ii) by striking ‘‘the officer’’ and inserting VISAS. (1) FINDINGS.—Congress finds the following: ‘‘the Secretary’’; and (a) IN GENERAL.—Section 214(p) of the Im- (A) The International Marriage Broker Act (C) in paragraph (3)(B)(i), by striking migration and Nationality Act (8 U.S.C. of 2005 (subtitle D of Public Law 109–162; 119 ‘‘abuse, and stalking.’’ and inserting ‘‘abuse, 1184(p)) is amended by adding at the end the Stat. 3066) has not been fully implemented stalking, or an attempt to commit any such following: with regard to investigating and prosecuting crime.’’; and ‘‘(7) AGE DETERMINATIONS.— violations of the law, and for other purposes. (2) in subsection (r)— ‘‘(A) CHILDREN.—An unmarried alien who (B) Six years after Congress enacted the (A) in paragraph (1), by striking ‘‘crime.’’ seeks to accompany, or follow to join, a par- International Marriage Broker Act of 2005 to and inserting ‘‘crime described in paragraph ent granted status under section regulate the activities of the hundreds of for- (5)(B) and information on any permanent 101(a)(15)(U)(i), and who was under 21 years of profit international marriage brokers oper- protection or restraining order issued age on the date on which such parent peti- ating in the United States, the Attorney against the petitioner related to any speci- tioned for such status, shall continue to be General has not determined which compo- fied crime described in subsection (5)(B)(i).’’; classified as a child for purposes of section nent of the Department of Justice will inves- and 101(a)(15)(U)(ii), if the alien attains 21 years tigate and prosecute violations of such Act. (B) by amending paragraph (4)(B)(ii) to of age after such parent’s petition was filed (2) REPORT.—Not later than 90 days after but while it was pending. read as follows: ‘‘(ii) To notify the beneficiary as required the date of the enactment of this Act, the ‘‘(B) PRINCIPAL ALIENS.—An alien described by clause (i), the Secretary of Homeland Se- Attorney General shall submit to Congress a in clause (i) of section 101(a)(15)(U) shall con- curity shall provide such notice to the Sec- report that includes the following: tinue to be treated as an alien described in retary of State for inclusion in the mailing (A) The name of the component of the De- clause (ii)(I) of such section if the alien at- to the beneficiary described in section partment of Justice responsible for inves- tains 21 years of age after the alien’s applica- 833(a)(5)(A)(i) of the International Marriage tigating and prosecuting violations of the tion for status under such clause (i) is filed Broker Regulation Act of 2005 (8 U.S.C. International Marriage Broker Act of 2005 but while it is pending.’’. 1375a(a)(5)(A)(i)).’’; and (subtitle D of Public Law 109–162; 119 Stat. (b) EFFECTIVE DATE.—The amendment (3) in paragraph (5)(B)(i), by striking 3066) and the amendments made by this Act. made by subsection (a) shall take effect as if ‘‘abuse, and stalking.’’ and inserting ‘‘abuse, (B) A description of the policies and proce- enacted as part of the Victims of Trafficking stalking, or an attempt to commit any such dures of the Attorney General for consulta- and Violence Protection Act of 2000 (Public crime.’’. tion with the Secretary of Homeland Secu- Law 106–386; 114 Stat. 1464). (b) PROVISION OF INFORMATION TO K NON- rity and the Secretary of State in inves- SEC. 806. HARDSHIP WAIVERS. IMMIGRANTS.—Section 833 of the Inter- tigating and prosecuting such violations. (a) IN GENERAL.—Section 216(c)(4) of the national Marriage Broker Regulation Act of (b) TECHNICAL CORRECTION.—Section Immigration and Nationality Act (8 U.S.C. 2005 (8 U.S.C. 1375a) is amended— 833(a)(2)(H) of the International Marriage 1186a(c)(4)) is amended— (1) in subsection (a)(5)(A)— Broker Regulation Act of 2005 (8 U.S.C. (1) in subparagraph (A), by striking the (A) in clause (iii)— 1375a(a)(2)(H)) is amended by striking ‘‘Fed- comma at the end and inserting a semicolon; (i) by striking ‘‘State any’’ and inserting eral and State sex offender public registries’’ (2) in subparagraph (B), by striking ‘‘(1), ‘‘State, for inclusion in the mailing de- and inserting ‘‘the National Sex Offender or’’ and inserting ‘‘(1); or’’; scribed in clause (i), any’’; and Public Website’’. (3) in subparagraph (C), by striking the pe- (ii) by striking the last sentence; and (c) REGULATION OF INTERNATIONAL MAR- riod at the end and inserting a semicolon and (B) by adding at the end the following: RIAGE BROKERS.—Section 833(d) of the Inter- ‘‘or’’; and ‘‘(iv) The Secretary of Homeland Security national Marriage Broker Regulation Act of (4) by inserting after subparagraph (C) the shall conduct a background check of the Na- 2005 (8 U.S.C. 1375a(d)) is amended— following: tional Crime Information Center’s Protec- (1) by amending paragraph (1) to read as ‘‘(D) the alien meets the requirements tion Order Database on each petitioner for a follows: under section 204(a)(1)(A)(iii)(II)(aa)(BB) and visa under subsection (d) or (r) of section 214 ‘‘(1) PROHIBITION ON MARKETING OF OR TO following the marriage ceremony was bat- of the Immigration and Nationality Act (8 CHILDREN.— tered by or subject to extreme cruelty per- U.S.C. 1184). Any appropriate information ob- ‘‘(A) IN GENERAL.—An international mar- petrated by the alien’s intended spouse and tained from such background check— riage broker shall not provide any individual was not at fault in failing to meet the re- ‘‘(I) shall accompany the criminal back- or entity with the personal contact informa- quirements of paragraph (1).’’. ground information provided by the Sec- tion, photograph, or general information (b) TECHNICAL CORRECTIONS.—Section retary of Homeland Security to the Sec- about the background or interests of any in- 216(c)(4) of the Immigration and Nationality retary of State and shared by the Secretary dividual under the age of 18. Act (8 U.S.C. 1186a(c)(4)), as amended by sub- of State with a beneficiary of a petition re- ‘‘(B) COMPLIANCE.—To comply with the re- section (a), is further amended— ferred to in clause (iii); and quirements of subparagraph (A), an inter- (1) in the matter preceding subparagraph ‘‘(II) shall not be used or disclosed for any national marriage broker shall— (A), by striking ‘‘The Attorney General, in other purpose unless expressly authorized by ‘‘(i) obtain a valid copy of each foreign na- the Attorney General’s’’ and inserting ‘‘The law. tional client’s birth certificate or other

VerDate Mar 15 2010 03:59 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.017 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S633 proof of age document issued by an appro- (d)(2)(B), including by failing to make any shall be considered to be presence in the priate government entity; such disclosures, shall be fined in accordance United States; and ‘‘(ii) indicate on such certificate or docu- with title 18, United States Code, imprisoned ‘‘(2) for the purpose of determining wheth- ment the date it was received by the inter- for not more than 1 year, or both. er an alien whose application for status national marriage broker; ‘‘(iv) RELATIONSHIP TO OTHER PENALTIES.— under subparagraph (T) or (U) of section ‘‘(iii) retain the original of such certificate The penalties provided in clauses (i), (ii), and 101(a)(15) of the Immigration and Nationality or document for 7 years after such date of re- (iii) are in addition to any other civil or Act (8 U.S.C. 1101(a)(15)) was granted is sub- ceipt; and criminal liability under Federal or State law sequently eligible for adjustment under sub- ‘‘(iv) produce such certificate or document to which a person may be subject for the section (l) or (m) of section 245 of such Act (8 upon request to an appropriate authority misuse of information, including misuse to U.S.C. 1255), such alien’s physical presence in charged with the enforcement of this para- threaten, intimidate, or harass any indi- the Commonwealth before, on, or after No- graph.’’; vidual. vember 28, 2009, and subsequent to the grant (2) in paragraph (2)— ‘‘(v) CONSTRUCTION.—Nothing in this para- of the application, shall be considered as (A) in subparagraph (A)(i)— graph or paragraph (3) or (4) may be con- equivalent to presence in the United States (i) in the heading, by striking ‘‘REG- strued to prevent the disclosure of informa- pursuant to a nonimmigrant admission in ISTRIES.—’’ and inserting ‘‘WEBSITE.—’’; and tion to law enforcement or pursuant to a such status.’’. (ii) by striking ‘‘Registry or State sex of- court order.’’; and SEC. 810. DISCLOSURE OF INFORMATION FOR NA- fender public registry,’’ and inserting (C) in subparagraph (C), by striking the pe- TIONAL SECURITY PURPOSES. ‘‘Website,’’; and riod at the end and inserting ‘‘including eq- (a) INFORMATION SHARING.—Section 384(b) (B) in subparagraph (B)(ii), by striking ‘‘or uitable remedies.’’; of the Illegal Immigration Reform and Immi- stalking.’’ and inserting ‘‘stalking, or an at- (5) by redesignating paragraphs (6) and (7) grant Responsibility Act of 1996 (8 U.S.C. tempt to commit any such crime.’’; as paragraphs (7) and (8), respectively; and 1367(b)) is amended— (3) in paragraph (3)— (6) by inserting after paragraph (5) the fol- (1) in paragraph (1)— (A) in subparagraph (A)— lowing: (A) by inserting ‘‘Secretary of Homeland (i) in clause (i), by striking ‘‘Registry, or of ‘‘(6) ENFORCEMENT.— Security or the’’ before ‘‘Attorney General the relevant State sex offender public reg- ‘‘(A) AUTHORITY.—The Attorney General may’’; and istry for any State not yet participating in shall be responsible for the enforcement of (B) by inserting ‘‘Secretary’s or the’’ be- the National Sex Offender Public Registry, the provisions of this section, including the fore ‘‘Attorney General’s discretion’’; in which the United States client has resided prosecution of civil and criminal penalties (2) in paragraph (2)— during the previous 20 years,’’ and inserting provided for by this section. (A) by inserting ‘‘Secretary of Homeland ‘‘Website’’; and ‘‘(B) CONSULTATION.—The Attorney General Security or the’’ before ‘‘Attorney General (ii) in clause (iii)(II), by striking ‘‘back- shall consult with the Director of the Office may’’; ground information collected by the inter- on Violence Against Women of the Depart- (B) by inserting ‘‘Secretary or the’’ before national marriage broker under paragraph ment of Justice to develop policies and pub- ‘‘Attorney General for’’; and (2)(B);’’ and inserting ‘‘signed certification lic education designed to promote enforce- (C) by inserting ‘‘in a manner that protects and accompanying documentation or attes- ment of this section.’’. the confidentiality of such information’’ tation regarding the background information (d) GAO STUDY AND REPORT.—Section 833(f) after ‘‘law enforcement purpose’’; collected under paragraph (2)(B);’’; and of the International Marriage Broker Regu- (3) in paragraph (5), by striking ‘‘Attorney (B) by striking subparagraph (C); lation Act of 2005 (8 U.S.C. 1375a(f)) is amend- General is’’ and inserting ‘‘Secretary of (4) in paragraph (5)— ed— Homeland Security and the Attorney Gen- (A) in subparagraph (A)(ii), by striking ‘‘A (1) in the subsection heading, by striking eral are’’; and penalty may be imposed under clause (i) by ‘‘STUDY AND REPORT.—’’ and inserting (4) by adding at the end a new paragraph as the Attorney General only’’ and inserting ‘‘STUDIES AND REPORTS.—’’; and follows: ‘‘At the discretion of the Attorney General, (2) by adding at the end the following: ‘‘(8) Notwithstanding subsection (a)(2), the a penalty may be imposed under clause (i) ei- ‘‘(4) CONTINUING IMPACT STUDY AND RE- Secretary of Homeland Security, the Sec- ther by a Federal judge, or by the Attorney PORT.— retary of State, or the Attorney General General’’; ‘‘(A) STUDY.—The Comptroller General may provide in the discretion of either such (B) by amending subparagraph (B) to read shall conduct a study on the continuing im- Secretary or the Attorney General for the as follows: pact of the implementation of this section disclosure of information to national secu- ‘‘(B) FEDERAL CRIMINAL PENALTIES.— and of section of 214 of the Immigration and rity officials to be used solely for a national ‘‘(i) FAILURE OF INTERNATIONAL MARRIAGE Nationality Act (8 U.S.C. 1184) on the process security purpose in a manner that protects BROKERS TO COMPLY WITH OBLIGATIONS.—Ex- for granting K nonimmigrant visas, includ- the confidentiality of such information.’’. cept as provided in clause (ii), an inter- ing specifically a study of the items de- (b) GUIDELINES.—Section 384(d) of the Ille- national marriage broker that, in cir- scribed in subparagraphs (A) through (E) of gal Immigration Reform and Immigrant Re- cumstances in or affecting interstate or for- paragraph (1). sponsibility Act of 1996 (8 U.S.C. 1367(d)) is eign commerce, or within the special mari- ‘‘(B) REPORT.—Not later than 2 years after amended— time and territorial jurisdiction of the the date of the enactment of the Violence (1) by inserting ‘‘, Secretary of State,’’ United States— Against Women Reauthorization Act of 2013, after ‘‘The Attorney General’’; ‘‘(I) except as provided in subclause (II), the Comptroller General shall submit to the (2) by inserting ‘‘, Department of State,’’ violates (or attempts to violate) paragraph Committee on the Judiciary of the Senate after ‘‘Department of Justice’’; and (1), (2), (3), or (4) shall be fined in accordance and the Committee on the Judiciary of the (3) by inserting ‘‘and severe forms of traf- with title 18, United States Code, or impris- House of Representatives a report setting ficking in persons or criminal activity listed oned for not more than 1 year, or both; or forth the results of the study conducted in section 101(a)(15)(U) of the Immigration ‘‘(II) knowingly violates or attempts to under subparagraph (A). and Nationality Act (8 U.S.C. 1101(a)(15)(u))’’ violate paragraphs (1), (2), (3), or (4) shall be ‘‘(C) DATA COLLECTION.—The Attorney Gen- after ‘‘domestic violence’’. fined in accordance with title 18, United eral, the Secretary of Homeland Security, (c) IMPLEMENTATION.—Not later than 180 States Code, or imprisoned for not more than and the Secretary of State shall collect and days after the date of the enactment of this 5 years, or both. maintain the data necessary for the Comp- Act, the Attorney General, the Secretary of ‘‘(ii) MISUSE OF INFORMATION.—A person troller General to conduct the study required State, and Secretary of Homeland Security who knowingly discloses, uses, or causes to by paragraph (1)(A).’’. shall provide the guidance required by sec- be used any information obtained by an SEC. 809. ELIGIBILITY OF CRIME AND TRAF- tion 384(d) of the Illegal Immigration Reform international marriage broker as a result of FICKING VICTIMS IN THE COMMON- and Immigrant Responsibility Act of 1996 (8 a requirement under paragraph (2) or (3) for WEALTH OF THE NORTHERN MAR- U.S.C. 1367(d)), consistent with the amend- any purpose other than the disclosures re- IANA ISLANDS TO ADJUST STATUS. ments made by subsections (a) and (b). quired under paragraph (3) shall be fined in Section 705(c) of the Consolidated Natural (d) CLERICAL AMENDMENT.—Section accordance with title 18, United States Code, Resources Act of 2008 (Public Law 110–229; 48 384(a)(1) of the Illegal Immigration Reform or imprisoned for not more than 1 year, or U.S.C. 1806 note), is amended by striking and Immigrant Responsibility Act of 1986 is both. ‘‘except that,’’ and all that follows through amended by striking ‘‘241(a)(2)’’ in the mat- ‘‘(iii) FRAUDULENT FAILURES OF UNITED the end, and inserting the following: ‘‘except ter following subparagraph (F) and inserting STATES CLIENTS TO MAKE REQUIRED SELF-DIS- that— ‘‘237(a)(2)’’. CLOSURES.—A person who knowingly and ‘‘(1) for the purpose of determining wheth- TITLE IX—SAFETY FOR INDIAN WOMEN with intent to defraud another person out- er an alien lawfully admitted for permanent SEC. 901. GRANTS TO INDIAN TRIBAL GOVERN- side the United States in order to recruit, so- residence (as defined in section 101(a)(20) of MENTS. licit, entice, or induce that other person into the Immigration and Nationality Act (8 Section 2015(a) of title I of the Omnibus entering a dating or matrimonial relation- U.S.C. 1101(a)(20)) has abandoned or lost such Crime Control and Safe Streets Act of 1968 ship, makes false or fraudulent representa- status by reason of absence from the United (42 U.S.C. 3796gg–10(a)) is amended— tions regarding the disclosures described in States, such alien’s presence in the Common- (1) in paragraph (2), by inserting ‘‘sex traf- clause (i), (ii), (iii), or (iv) of subsection wealth, before, on or after November 28, 2009, ficking,’’ after ‘‘sexual assault,’’;

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(2) in paragraph (4), by inserting ‘‘sex traf- ‘‘(4) ELIGIBILITY FOR OTHER GRANTS.—Re- ‘‘(4) PARTICIPATING TRIBE.—The term ‘par- ficking,’’ after ‘‘sexual assault,’’; ceipt of an award under this subsection by a ticipating tribe’ means an Indian tribe that (3) in paragraph (5), by striking ‘‘and stalk- tribal coalition shall not preclude the tribal elects to exercise special domestic violence ing’’ and all that follows and inserting ‘‘sex- coalition from receiving additional grants criminal jurisdiction over the Indian country ual assault, sex trafficking, and stalking;’’; under this title to carry out the purposes de- of that Indian tribe. (4) in paragraph (7)— scribed in paragraph (1). ‘‘(5) PROTECTION ORDER.—The term ‘protec- (A) by inserting ‘‘sex trafficking,’’ after ‘‘(5) MULTIPLE PURPOSE APPLICATIONS.— tion order’— ‘‘sexual assault,’’ each place it appears; and Nothing in this subsection prohibits any ‘‘(A) means any injunction, restraining (B) by striking ‘‘and’’ at the end; tribal coalition or organization described in order, or other order issued by a civil or (5) in paragraph (8)— paragraph (2) from applying for funding to criminal court for the purpose of preventing (A) by inserting ‘‘sex trafficking,’’ after address sexual assault or domestic violence violent or threatening acts or harassment ‘‘stalking,’’; and needs in the same application.’’. against, sexual violence against, contact or (B) by striking the period at the end and SEC. 903. CONSULTATION. communication with, or physical proximity inserting a semicolon; and Section 903 of the Violence Against Women to, another person; and (6) by adding at the end the following: and Department of Justice Reauthorization ‘‘(B) includes any temporary or final order ‘‘(9) provide services to address the needs Act of 2005 (42 U.S.C. 14045d) is amended— issued by a civil or criminal court, whether of youth who are victims of domestic vio- (1) in subsection (a)— obtained by filing an independent action or lence, dating violence, sexual assault, sex (A) by striking ‘‘and the Violence Against as a pendent lite order in another pro- trafficking, or stalking and the needs of Women Act of 2000’’ and inserting ‘‘, the Vio- ceeding, if the civil or criminal order was youth and children exposed to domestic vio- lence Against Women Act of 2000’’; and issued in response to a complaint, petition, lence, dating violence, sexual assault, or (B) by inserting ‘‘, and the Violence or motion filed by or on behalf of a person stalking, including support for the non- Against Women Reauthorization Act of 2013’’ seeking protection. abusing parent or the caretaker of the youth before the period at the end; ‘‘(6) SPECIAL DOMESTIC VIOLENCE CRIMINAL or child; and (2) in subsection (b)— JURISDICTION.—The term ‘special domestic ‘‘(10) develop and promote legislation and (A) in the matter preceding paragraph (1), violence criminal jurisdiction’ means the policies that enhance best practices for re- by striking ‘‘Secretary of the Department of criminal jurisdiction that a participating sponding to violent crimes against Indian Health and Human Services’’ and inserting tribe may exercise under this section but women, including the crimes of domestic vi- ‘‘Secretary of Health and Human Services, could not otherwise exercise. olence, dating violence, sexual assault, sex the Secretary of the Interior,’’; and ‘‘(7) SPOUSE OR INTIMATE PARTNER.—The trafficking, and stalking.’’. (B) in paragraph (2), by striking ‘‘and term ‘spouse or intimate partner’ has the SEC. 902. GRANTS TO INDIAN TRIBAL COALI- stalking’’ and inserting ‘‘stalking, and sex meaning given the term in section 2266 of TIONS. title 18, United States Code. Section 2001 of title I of the Omnibus trafficking’’; and Crime Control and Safe Streets Act of 1968 (3) by adding at the end the following: ‘‘(b) NATURE OF THE CRIMINAL JURISDIC- (42 U.S.C. 3796gg) is amended by striking sub- ‘‘(c) ANNUAL REPORT.—The Attorney Gen- TION.— section (d) and inserting the following: eral shall submit to Congress an annual re- ‘‘(1) IN GENERAL.—Notwithstanding any ‘‘(d) TRIBAL COALITION GRANTS.— port on the annual consultations required other provision of law, in addition to all ‘‘(1) PURPOSE.—The Attorney General shall under subsection (a) that— powers of self-government recognized and af- award a grant to tribal coalitions for pur- ‘‘(1) contains the recommendations made firmed by sections 201 and 203, the powers of poses of— under subsection (b) by Indian tribes during self-government of a participating tribe in- ‘‘(A) increasing awareness of domestic vio- the year covered by the report; clude the inherent power of that tribe, which lence and sexual assault against Indian ‘‘(2) describes actions taken during the is hereby recognized and affirmed, to exer- women; year covered by the report to respond to rec- cise special domestic violence criminal juris- ‘‘(B) enhancing the response to violence ommendations made under subsection (b) diction over all persons. against Indian women at the Federal, State, during the year or a previous year; and ‘‘(2) CONCURRENT JURISDICTION.—The exer- and tribal levels; ‘‘(3) describes how the Attorney General cise of special domestic violence criminal ju- ‘‘(C) identifying and providing technical will work in coordination and collaboration risdiction by a participating tribe shall be assistance to coalition membership and trib- with Indian tribes, the Secretary of Health concurrent with the jurisdiction of the al communities to enhance access to essen- and Human Services, and the Secretary of United States, of a State, or of both. tial services to Indian women victimized by the Interior to address the recommendations ‘‘(3) APPLICABILITY.—Nothing in this sec- domestic and sexual violence, including sex made under subsection (b). tion— trafficking; and ‘‘(d) NOTICE.—Not later than 120 days be- ‘‘(A) creates or eliminates any Federal or ‘‘(D) assisting Indian tribes in developing fore the date of a consultation under sub- State criminal jurisdiction over Indian coun- and promoting State, local, and tribal legis- section (a), the Attorney General shall no- try; or lation and policies that enhance best prac- tify tribal leaders of the date, time, and loca- ‘‘(B) affects the authority of the United tices for responding to violent crimes tion of the consultation.’’. States or any State government that has against Indian women, including the crimes SEC. 904. TRIBAL JURISDICTION OVER CRIMES been delegated authority by the United of domestic violence, dating violence, sexual OF DOMESTIC VIOLENCE. States to investigate and prosecute a crimi- assault, sex trafficking, and stalking. Title II of Public Law 90–284 (25 U.S.C. 1301 nal violation in Indian country. ‘‘(2) GRANTS.—The Attorney General shall et seq.) (commonly known as the ‘‘Indian ‘‘(4) EXCEPTIONS.— award grants on an annual basis under para- Civil Rights Act of 1968’’) is amended by add- ‘‘(A) VICTIM AND DEFENDANT ARE BOTH NON- graph (1) to— ing at the end the following: INDIANS.— ‘‘(A) each tribal coalition that— ‘‘SEC. 204. TRIBAL JURISDICTION OVER CRIMES ‘‘(i) IN GENERAL.—A participating tribe ‘‘(i) meets the criteria of a tribal coalition OF DOMESTIC VIOLENCE. may not exercise special domestic violence under section 40002(a) of the Violence ‘‘(a) DEFINITIONS.—In this section: criminal jurisdiction over an alleged offense Against Women Act of 1994 (42 U.S.C. ‘‘(1) DATING VIOLENCE.—The term ‘dating if neither the defendant nor the alleged vic- 13925(a)); violence’ means violence committed by a tim is an Indian. ‘‘(ii) is recognized by the Office on Vio- person who is or has been in a social rela- ‘‘(ii) DEFINITION OF VICTIM.—In this sub- lence Against Women; and tionship of a romantic or intimate nature paragraph and with respect to a criminal ‘‘(iii) provides services to Indian tribes; with the victim, as determined by the length proceeding in which a participating tribe ex- and of the relationship, the type of relationship, ercises special domestic violence criminal ‘‘(B) organizations that propose to incor- and the frequency of interaction between the jurisdiction based on a violation of a protec- porate and operate a tribal coalition in areas persons involved in the relationship. tion order, the term ‘victim’ means a person where Indian tribes are located but no tribal ‘‘(2) DOMESTIC VIOLENCE.—The term ‘do- specifically protected by a protection order coalition exists. mestic violence’ means violence committed that the defendant allegedly violated. ‘‘(3) USE OF AMOUNTS.—For each of fiscal by a current or former spouse or intimate ‘‘(B) DEFENDANT LACKS TIES TO THE INDIAN years 2014 through 2018, of the amounts ap- partner of the victim, by a person with TRIBE.—A participating tribe may exercise propriated to carry out this subsection— whom the victim shares a child in common, special domestic violence criminal jurisdic- ‘‘(A) not more than 10 percent shall be by a person who is cohabitating with or has tion over a defendant only if the defendant— made available to organizations described in cohabitated with the victim as a spouse or ‘‘(i) resides in the Indian country of the paragraph (2)(B), provided that 1 or more or- intimate partner, or by a person similarly participating tribe; ganizations determined by the Attorney situated to a spouse of the victim under the ‘‘(ii) is employed in the Indian country of General to be qualified apply; domestic- or family- violence laws of an In- the participating tribe; or ‘‘(B) not less than 90 percent shall be made dian tribe that has jurisdiction over the In- ‘‘(iii) is a spouse, intimate partner, or dat- available to tribal coalitions described in dian country where the violence occurs. ing partner of— paragraph (2)(A), which amounts shall be dis- ‘‘(3) INDIAN COUNTRY.—The term ‘Indian ‘‘(I) a member of the participating tribe; or tributed equally among each eligible tribal country’ has the meaning given the term in ‘‘(II) an Indian who resides in the Indian coalition for the applicable fiscal year. section 1151 of title 18, United States Code. country of the participating tribe.

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‘‘(c) CRIMINAL CONDUCT.—A participating ‘‘(F) alternative rehabilitation centers; (2) in subsection (b)— tribe may exercise special domestic violence ‘‘(G) culturally appropriate services and (A) by striking ‘‘(b) As used in this sub- criminal jurisdiction over a defendant for assistance for victims and their families; and section—’’ and inserting the following: criminal conduct that falls into one or more ‘‘(H) criminal codes and rules of criminal ‘‘(b) DEFINITIONS.—In this section—’’; of the following categories: procedure, appellate procedure, and evi- (B) in paragraph (1)(B), by striking ‘‘and’’ ‘‘(1) DOMESTIC VIOLENCE AND DATING VIO- dence; at the end; LENCE.—An act of domestic violence or dat- ‘‘(2) to provide indigent criminal defend- (C) in paragraph (2), by striking the period ing violence that occurs in the Indian coun- ants with the effective assistance of licensed at the end and inserting a semicolon; and try of the participating tribe. defense counsel, at no cost to the defendant, (D) by adding at the end the following: ‘‘(2) VIOLATIONS OF PROTECTION ORDERS.— in criminal proceedings in which a partici- ‘‘(3) the terms ‘dating partner’ and ‘spouse An act that— pating tribe prosecutes a crime of domestic or intimate partner’ have the meanings ‘‘(A) occurs in the Indian country of the violence or dating violence or a criminal vio- given those terms in section 2266; participating tribe; and lation of a protection order; ‘‘(4) the term ‘strangling’ means inten- ‘‘(B) violates the portion of a protection ‘‘(3) to ensure that, in criminal proceedings tionally, knowingly, or recklessly impeding order that— in which a participating tribe exercises spe- the normal breathing or circulation of the ‘‘(i) prohibits or provides protection cial domestic violence criminal jurisdiction, blood of a person by applying pressure to the against violent or threatening acts or har- jurors are summoned, selected, and in- throat or neck, regardless of whether that assment against, sexual violence against, structed in a manner consistent with all ap- conduct results in any visible injury or contact or communication with, or physical plicable requirements; and whether there is any intent to kill or proximity to, another person; ‘‘(4) to accord victims of domestic violence, protractedly injure the victim; and ‘‘(ii) was issued against the defendant; dating violence, and violations of protection ‘‘(5) the term ‘suffocating’ means inten- ‘‘(iii) is enforceable by the participating orders rights that are similar to the rights of tionally, knowingly, or recklessly impeding tribe; and a crime victim described in section 3771(a) of the normal breathing of a person by covering ‘‘(iv) is consistent with section 2265(b) of title 18, United States Code, consistent with the mouth of the person, the nose of the per- title 18, United States Code. tribal law and custom. son, or both, regardless of whether that con- ‘‘(d) RIGHTS OF DEFENDANTS.—In a criminal ‘‘(g) SUPPLEMENT, NOT SUPPLANT.— duct results in any visible injury or whether proceeding in which a participating tribe ex- Amounts made available under this section there is any intent to kill or protractedly in- ercises special domestic violence criminal shall supplement and not supplant any other jure the victim.’’. jurisdiction, the participating tribe shall Federal, State, tribal, or local government (b) INDIAN MAJOR CRIMES.—Section 1153(a) provide to the defendant— amounts made available to carry out activi- of title 18, United States Code, is amended by ‘‘(1) all applicable rights under this Act; ties described in this section. striking ‘‘assault with intent to commit ‘‘(2) if a term of imprisonment of any ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— murder, assault with a dangerous weapon, length may be imposed, all rights described There are authorized to be appropriated assault resulting in serious bodily injury (as in section 202(c); $5,000,000 for each of fiscal years 2014 through defined in section 1365 of this title)’’ and in- ‘‘(3) the right to a trial by an impartial 2018 to carry out subsection (f) and to pro- serting ‘‘a felony assault under section 113’’. jury that is drawn from sources that— vide training, technical assistance, data col- (c) REPEAT OFFENDERS.—Section ‘‘(A) reflect a fair cross section of the com- lection, and evaluation of the criminal jus- 2265A(b)(1)(B) of title 18, United States Code, munity; and tice systems of participating tribes.’’. is amended by inserting ‘‘or tribal’’ after ‘‘(B) do not systematically exclude any dis- ‘‘State’’. tinctive group in the community, including SEC. 905. TRIBAL PROTECTION ORDERS. non-Indians; and Section 2265 of title 18, United States Code, SEC. 907. ANALYSIS AND RESEARCH ON VIO- LENCE AGAINST INDIAN WOMEN. ‘‘(4) all other rights whose protection is is amended by striking subsection (e) and in- (a) IN GENERAL.—Section 904(a) of the Vio- necessary under the Constitution of the serting the following: lence Against Women and Department of United States in order for Congress to recog- ‘‘(e) TRIBAL COURT JURISDICTION.—For pur- Justice Reauthorization Act of 2005 (42 nize and affirm the inherent power of the poses of this section, a court of an Indian U.S.C. 3796gg–10 note) is amended— participating tribe to exercise special domes- tribe shall have full civil jurisdiction to (1) in paragraph (1)— tic violence criminal jurisdiction over the issue and enforce protection orders involving (A) by striking ‘‘The National’’ and insert- defendant. any person, including the authority to en- ing ‘‘Not later than 2 years after the date of ‘‘(e) PETITIONS TO STAY DETENTION.— force any orders through civil contempt pro- enactment of the Violence Against Women ‘‘(1) IN GENERAL.—A person who has filed a ceedings, to exclude violators from Indian petition for a writ of habeas corpus in a land, and to use other appropriate mecha- Reauthorization Act of 2013, the National’’; court of the United States under section 203 nisms, in matters arising anywhere in the and may petition that court to stay further de- Indian country of the Indian tribe (as defined (B) by inserting ‘‘and in Native villages (as tention of that person by the participating in section 1151) or otherwise within the au- defined in section 3 of the Alaska Native tribe. thority of the Indian tribe.’’. Claims Settlement Act (43 U.S.C. 1602))’’ be- fore the period at the end; ‘‘(2) GRANT OF STAY.—A court shall grant a SEC. 906. AMENDMENTS TO THE FEDERAL AS- stay described in paragraph (1) if the court— SAULT STATUTE. (2) in paragraph (2)(A)— ‘‘(A) finds that there is a substantial likeli- (a) IN GENERAL.—Section 113 of title 18, (A) in clause (iv), by striking ‘‘and’’ at the hood that the habeas corpus petition will be United States Code, is amended— end; granted; and (1) in subsection (a)— (B) in clause (v), by striking the period at ‘‘(B) after giving each alleged victim in the (A) by striking paragraph (1) and inserting the end and inserting ‘‘; and’’; and matter an opportunity to be heard, finds by the following: (C) by adding at the end the following: clear and convincing evidence that under ‘‘(1) Assault with intent to commit murder ‘‘(vi) sex trafficking.’’; conditions imposed by the court, the peti- or a violation of section 2241 or 2242, by a fine (3) in paragraph (4), by striking ‘‘this Act’’ tioner is not likely to flee or pose a danger under this title, imprisonment for not more and inserting ‘‘the Violence Against Women to any person or the community if released. than 20 years, or both.’’; Reauthorization Act of 2013’’; and (4) in paragraph (5), by striking ‘‘this sec- ‘‘(3) NOTICE.—An Indian tribe that has or- (B) in paragraph (2), by striking ‘‘felony dered the detention of any person has a duty under chapter 109A’’ and inserting ‘‘violation tion $1,000,000 for each of fiscal years 2007 and to timely notify such person of his rights of section 2241 or 2242’’; 2008’’ and inserting ‘‘this subsection $1,000,000 and privileges under this subsection and (C) in paragraph (3) by striking ‘‘and with- for each of fiscal years 2014 and 2015’’. under section 203. out just cause or excuse,’’; (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(f) GRANTS TO TRIBAL GOVERNMENTS.—The (D) in paragraph (4), by striking ‘‘six Section 905(b)(2) of the Violence Against Attorney General may award grants to the months’’ and inserting ‘‘1 year’’; Women and Department of Justice Reauthor- governments of Indian tribes (or to author- (E) in paragraph (7)— ization Act of 2005 (28 U.S.C. 534 note) is ized designees of those governments)— (i) by striking ‘‘substantial bodily injury amended by striking ‘‘fiscal years 2007 ‘‘(1) to strengthen tribal criminal justice to an individual who has not attained the through 2011’’ and inserting ‘‘fiscal years 2014 systems to assist Indian tribes in exercising age of 16 years’’ and inserting ‘‘substantial through 2018’’. special domestic violence criminal jurisdic- bodily injury to a spouse or intimate part- SEC. 908. EFFECTIVE DATES; PILOT PROJECT. tion, including— ner, a dating partner, or an individual who (a) GENERAL EFFECTIVE DATE.—Except as ‘‘(A) law enforcement (including the capac- has not attained the age of 16 years’’; and provided in section 4 and subsection (b) of ity of law enforcement or court personnel to (ii) by striking ‘‘fine’’ and inserting ‘‘a this section, the amendments made by this enter information into and obtain informa- fine’’; and title shall take effect on the date of enact- tion from national crime information data- (F) by adding at the end the following: ment of this Act. bases); ‘‘(8) Assault of a spouse, intimate partner, (b) EFFECTIVE DATE FOR SPECIAL DOMESTIC- ‘‘(B) prosecution; or dating partner by strangling, suffocating, VIOLENCE CRIMINAL JURISDICTION.— ‘‘(C) trial and appellate courts; or attempting to strangle or suffocate, by a (1) IN GENERAL.—Except as provided in ‘‘(D) probation systems; fine under this title, imprisonment for not paragraph (2), subsections (b) through (d) of ‘‘(E) detention and correctional facilities; more than 10 years, or both.’’; and section 204 of Public Law 90–284 (as added by

VerDate Mar 15 2010 03:59 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.017 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S636 CONGRESSIONAL RECORD — SENATE February 12, 2013 section 904) shall take effect on the date that (1) in subsection (a), by adding at the end ‘‘(II) the designee of such officer may ful- is 2 years after the date of enactment of this the following new paragraph: fill the responsibility described in subclause Act. ‘‘(7) To conduct an audit consistent with (I) so long as such designee is an employee of (2) PILOT PROJECT.— subsection (n) of the samples of sexual as- the State or unit of local government, re- (A) IN GENERAL.—At any time during the 2- sault evidence that are in the possession of spectively, and is not an employee of any year period beginning on the date of enact- the State or unit of local government and governmental laboratory or non-govern- ment of this Act, an Indian tribe may ask are awaiting testing. mental vendor laboratory; and the Attorney General to designate the tribe ‘‘(8) To ensure that the collection and proc- ‘‘(v) comply with all grantee reporting re- as a participating tribe under section 204(a) essing of DNA evidence by law enforcement quirements described in paragraph (4). of Public Law 90–284 on an accelerated basis. agencies from crimes, including sexual as- ‘‘(3) EXTENSION OF INITIAL DEADLINE.—The (B) PROCEDURE.—The Attorney General sault and other violent crimes against per- Attorney General may grant an extension of may grant a request under subparagraph (A) sons, is carried out in an appropriate and the deadline under paragraph (2)(B)(i) to a after coordinating with the Secretary of the timely manner and in accordance with the State or unit of local government that dem- Interior, consulting with affected Indian protocols and practices developed under sub- onstrates that more time is required for tribes, and concluding that the criminal jus- section (o)(1).’’; compliance with such paragraph. tice system of the requesting tribe has ade- (2) in subsection (c), by adding at the end ‘‘(4) SEXUAL ASSAULT FORENSIC EVIDENCE quate safeguards in place to protect defend- the following new paragraph: REPORTS.— ants’ rights, consistent with section 204 of ‘‘(4) ALLOCATION OF GRANT AWARDS FOR AU- ‘‘(A) IN GENERAL.—For not less than 12 Public Law 90–284. DITS.—For each of fiscal years 2014 through months after the completion of an initial (C) EFFECTIVE DATES FOR PILOT PROJECTS.— 2017, not less than 5 percent, but not more count of sexual assault evidence that is An Indian tribe designated as a participating than 7 percent, of the grant amounts distrib- awaiting testing during an audit referred to tribe under this paragraph may commence uted under paragraph (1) shall, if sufficient in paragraph (1)(A), a State or unit of local exercising special domestic violence crimi- applications to justify such amounts are re- government that receives a grant award nal jurisdiction pursuant to subsections (b) ceived by the Attorney General, be awarded under subsection (a)(7) shall, not less than through (d) of section 204 of Public Law 90– for purposes described in subsection (a)(7), every 60 days, submit a report to the Depart- 284 on a date established by the Attorney provided that none of the funds required to ment of Justice, on a form prescribed by the General, after consultation with that Indian be distributed under this paragraph shall de- Attorney General, which shall contain the tribe, but in no event later than the date crease or otherwise limit the availability of information required under subparagraph that is 2 years after the date of enactment of funds required to be awarded to States or (B). this Act. units of local government under paragraph ‘‘(B) CONTENTS OF REPORTS.—A report SEC. 909. INDIAN LAW AND ORDER COMMISSION; (3).’’; and under this paragraph shall contain the fol- REPORT ON THE ALASKA RURAL (3) by adding at the end the following new lowing information: JUSTICE AND LAW ENFORCEMENT subsections: COMMISSION. ‘‘(i) The name of the State or unit of local (a) IN GENERAL.—Section 15(f) of the Indian ‘‘(n) USE OF FUNDS FOR AUDITING SEXUAL government filing the report. Law Enforcement Reform Act (25 U.S.C. ASSAULT EVIDENCE BACKLOGS.— ‘‘(ii) The period of dates covered by the re- 2812(f)) is amended by striking ‘‘2 years’’ and ‘‘(1) ELIGIBILITY.—The Attorney General port. inserting ‘‘3 years’’. may award a grant under this section to a ‘‘(iii) The cumulative total number of sam- (b) REPORT.—The Attorney General, in con- State or unit of local government for the ples of sexual assault evidence that, at the sultation with the Attorney General of the purpose described in subsection (a)(7) only if end of the reporting period— State of Alaska, the Commissioner of Public the State or unit of local government— ‘‘(I) are in the possession of the State or Safety of the State of Alaska, the Alaska ‘‘(A) submits a plan for performing the unit of local government at the reporting pe- Federation of Natives and Federally recog- audit of samples described in such sub- riod; nized Indian tribes in the State of Alaska, section; and ‘‘(II) are awaiting testing; and shall report to Congress not later than one ‘‘(B) includes in such plan a good-faith es- ‘‘(III) the State or unit of local government year after enactment of this Act with re- timate of the number of such samples. has determined should undergo DNA or other spect to whether the Alaska Rural Justice ‘‘(2) GRANT CONDITIONS.—A State or unit of appropriate forensic analyses. and Law Enforcement Commission estab- local government receiving a grant for the ‘‘(iv) The cumulative total number of sam- lished under Section 112(a)(1) of the Consoli- purpose described in subsection (a)(7)— ples of sexual assault evidence in the posses- dated Appropriations Act, 2004 should be con- ‘‘(A) may not enter into any contract or sion of the State or unit of local government tinued and appropriations authorized for the agreement with any non-governmental ven- that, at the end of the reporting period, the continued work of the commission. The re- dor laboratory to conduct an audit described State or unit of local government has deter- port may contain recommendations for legis- in subsection (a)(7); and mined should not undergo DNA or other ap- lation with respect to the scope of work and ‘‘(B) shall— propriate forensic analyses, provided that composition of the commission. ‘‘(i) not later than 1 year after receiving the reporting form shall allow for the State SEC. 910. SPECIAL RULE FOR THE STATE OF the grant, complete the audit referred to in or unit of local government, at its sole dis- ALASKA. paragraph (1)(A) in accordance with the plan cretion, to explain the reasoning for this de- (a) EXPANDED JURISDICTION.—In the State submitted under such paragraph; termination in some or all cases. of Alaska, the amendments made by sections ‘‘(ii) not later than 60 days after receiving ‘‘(v) The cumulative total number of sam- 904 and 905 shall only apply to the Indian possession of a sample of sexual assault evi- ples of sexual assault evidence in a total country (as defined in section 1151 of title 18, dence that was not in the possession of the under clause (iii) that have been submitted United States Code) of the Metlakatla Indian Community, Annette Island Reserve. State or unit of local government at the to a laboratory for DNA or other appropriate (b) RETAINED JURISDICTION.—The jurisdic- time of the initiation of an audit under para- forensic analyses. tion and authority of each Indian tribe in graph (1)(A), subject to paragraph (4)(F), in- ‘‘(vi) The cumulative total number of sam- the State of Alaska under section 2265(e) of clude in any required reports under clause ples of sexual assault evidence identified by title 18, United States Code (as in effect on (v), the information listed under paragraph an audit referred to in paragraph (1)(A) or the day before the date of enactment of this (4)(B); under paragraph (2)(B)(ii) for which DNA or Act)— ‘‘(iii) for each sample of sexual assault evi- other appropriate forensic analysis has been (1) shall remain in full force and effect; and dence that is identified as awaiting testing completed at the end of the reporting period. (2) are not limited or diminished by this as part of the audit referred to in paragraph ‘‘(vii) The total number of samples of sex- Act or any amendment made by this Act. (1)(A)— ual assault evidence identified by the State (c) SAVINGS PROVISION.—Nothing in this ‘‘(I) assign a unique numeric or alpha- or unit of local government under paragraph Act or an amendment made by this Act lim- numeric identifier to each sample of sexual (2)(B)(ii), since the previous reporting period. its or diminishes the jurisdiction of the assault evidence that is in the possession of ‘‘(viii) The cumulative total number of State of Alaska, any subdivision of the State the State or unit of local government and is samples of sexual assault evidence described of Alaska, or any Indian tribe in the State of awaiting testing; and under clause (iii) for which the State or unit Alaska. ‘‘(II) identify the date or dates after which of local government will be barred within 12 TITLE X—SAFER ACT the State or unit of local government would months by any applicable statute of limita- SEC. 1001. SHORT TITLE. be barred by any applicable statutes of limi- tions from prosecuting a perpetrator of the This title may be cited as the ‘‘Sexual As- tations from prosecuting a perpetrator of the sexual assault to which the sample relates. sault Forensic Evidence Reporting Act of sexual assault to which the sample relates; ‘‘(C) PUBLICATION OF REPORTS.—Not later 2013’’ or the ‘‘SAFER Act of 2013’’. ‘‘(iv) provide that— than 7 days after the submission of a report SEC. 1002. DEBBIE SMITH GRANTS FOR AUDITING ‘‘(I) the chief law enforcement officer of under this paragraph by a State or unit of SEXUAL ASSAULT EVIDENCE BACK- the State or unit of local government, re- local government, the Attorney General LOGS. spectively, is the individual responsible for shall, subject to subparagraph (D), publish Section 2 of the DNA Analysis Backlog the compliance of the State or unit of local and disseminate a facsimile of the full con- Elimination Act of 2000 (42 U.S.C. 14135) is government, respectively, with the reporting tents of such report on an appropriate inter- amended— requirements described in clause (v); or net website.

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‘‘(D) PERSONALLY IDENTIFIABLE INFORMA- cases, which shall address appropriate steps fraud, and abuse of funds by grantees. The TION.—The Attorney General shall ensure in the investigation of cases that might in- Inspector General shall determine the appro- that any information published and dissemi- volve DNA evidence, including— priate number of grantees to be audited each nated as part of a report under this para- ‘‘(A) how to determine— year. graph, which reports information under this ‘‘(i) which evidence is to be collected by (2) MANDATORY EXCLUSION.—A recipient of subsection, does not include personally iden- law enforcement personnel and forwarded for grant funds under this title that is found to tifiable information or details about a sexual testing; have an unresolved audit finding shall not be assault that might lead to the identification ‘‘(ii) the preferred order in which evidence eligible to receive grant funds under this of the individuals involved. from the same case is to be tested; and title during the 2 fiscal years beginning after ‘‘(E) OPTIONAL REPORTING.—The Attorney ‘‘(iii) what information to take into ac- the 12-month period described in paragraph General shall— count when establishing the order in which (5). ‘‘(i) at the discretion of a State or unit of evidence from different cases is to be tested; (3) PRIORITY.—In awarding grants under local government required to file a report ‘‘(B) the establishment of a reasonable pe- this title, the Attorney General shall give under subparagraph (A), allow such State or riod of time in which evidence is to be for- priority to eligible entities that, during the unit of local government, at their sole dis- warded by emergency response providers, law 3 fiscal years before submitting an applica- cretion, to submit such reports on a more enforcement personnel, and prosecutors to a tion for a grant under this title, did not have frequent basis; and laboratory for testing; an unresolved audit finding showing a viola- ‘‘(ii) make available to all States and units ‘‘(C) the establishment of reasonable peri- tion in the terms or conditions of a Depart- of local government the reporting form cre- ods of time in which each stage of analytical ment of Justice grant program. ated pursuant to subparagraph (A), whether laboratory testing is to be completed; (4) REIMBURSEMENT.—If an entity is award- or not they are required to submit such re- ‘‘(D) systems to encourage communication ed grant funds under this Act during the 2- ports, and allow such States or units of local within a State or unit of local government fiscal-year period in which the entity is government, at their sole discretion, to sub- among emergency response providers, law barred from receiving grants under para- mit such reports for publication. enforcement personnel, prosecutors, courts, graph (2), the Attorney General shall— ‘‘(F) SAMPLES EXEMPT FROM REPORTING RE- defense counsel, crime laboratory personnel, (A) deposit an amount equal to the grant QUIREMENT.—The reporting requirements de- and crime victims regarding the status of scribed in paragraph (2) shall not apply to a funds that were improperly awarded to the crime scene evidence to be tested; and grantee into the General Fund of the Treas- sample of sexual assault evidence that— ‘‘(E) standards for conducting the audit of ‘‘(i) is not considered criminal evidence ury; and the backlog for DNA case work in sexual as- (B) seek to recoup the costs of the repay- (such as a sample collected anonymously sault cases required under subsection (n). from a victim who is unwilling to make a ment to the fund from the grant recipient ‘‘(2) TECHNICAL ASSISTANCE AND TRAINING.— criminal complaint); or that was erroneously awarded grant funds. The Director shall make available technical (5) DEFINED TERM.—In this section, the ‘‘(ii) relates to a sexual assault for which assistance and training to support States the prosecution of each perpetrator is barred term ‘‘unresolved audit finding’’ means an and units of local government in adopting audit report finding in the final audit report by a statute of limitations. and implementing the protocols and prac- EFINITIONS.—In this subsection: of the Inspector General of the Department ‘‘(5) D tices developed under paragraph (1) on and ‘‘(A) AWAITING TESTING.—The term ‘await- of Justice that the grantee has utilized grant after the date on which the protocols and ing testing’ means, with respect to a sample funds for an unauthorized expenditure or practices are published. of sexual assault evidence, that— otherwise unallowable cost that is not closed ‘‘(3) DEFINITIONS.—In this subsection, the ‘‘(i) the sample has been collected and is in or resolved within a 12-month period begin- terms ‘awaiting testing’ and ‘possession’ the possession of a State or unit of local gov- ning on the date when the final audit report have the meanings given those terms in sub- ernment; is issued. section (n).’’. ‘‘(ii) DNA and other appropriate forensic (6) NONPROFIT ORGANIZATION REQUIRE- analyses have not been performed on such SEC. 1003. REPORTS TO CONGRESS. MENTS.— sample; and Not later than 90 days after the end of each (A) DEFINITION.—For purposes of this sec- ‘‘(iii) the sample is related to a criminal fiscal year for which a grant is made for the tion and the grant programs described in case or investigation in which final disposi- purpose described in section 2(a)(7) of the this title, the term ‘‘ ‘nonprofit organiza- tion has not yet been reached. DNA Analysis Backlog Elimination Act of tion’ ’’ means an organization that is de- ‘‘(B) FINAL DISPOSITION.—The term ‘final 2000, as amended by section 1002, the Attor- scribed in section 501(c)(3) of the Internal disposition’ means, with respect to a crimi- ney General shall submit to Congress a re- Revenue Code of 1986 and is exempt from tax- nal case or investigation to which a sample port that— ation under section 501(a) of such Code. of sexual assault evidence relates— (1) lists the States and units of local gov- (B) PROHIBITION.—The Attorney General ‘‘(i) the conviction or acquittal of all sus- ernment that have been awarded such grants shall not award a grant under any grant pro- pected perpetrators of the crime involved; and the amount of the grant received by gram described in this title to a nonprofit or- ‘‘(ii) a determination by the State or unit each such State or unit of local government; ganization that holds money in offshore ac- of local government in possession of the sam- (2) states the number of extensions granted counts for the purpose of avoiding paying the ple that the case is unfounded; or by the Attorney General under section tax described in section 511(a) of the Internal ‘‘(iii) a declaration by the victim of the 2(n)(3) of the DNA Analysis Backlog Elimi- Revenue Code of 1986. crime involved that the act constituting the nation Act of 2000, as added by section 1002; (C) DISCLOSURE.—Each nonprofit organiza- basis of the crime was not committed. and tion that is awarded a grant under a grant ‘‘(C) POSSESSION.— (3) summarizes the processing status of the program described in this title and uses the ‘‘(i) IN GENERAL.—The term ‘possession’, samples of sexual assault evidence identified procedures prescribed in regulations to cre- used with respect to possession of a sample in Sexual Assault Forensic Evidence Reports ate a rebuttable presumption of reasonable- of sexual assault evidence by a State or unit established under section 2(n)(4) of the DNA ness for the compensation of its officers, di- of local government, includes possession by Analysis Backlog Elimination Act of 2000, in- rectors, trustees and key employees, shall an individual who is acting as an agent of cluding the number of samples that have not disclose to the Attorney General, in the ap- the State or unit of local government for the been tested. plication for the grant, the process for deter- collection of the sample. SEC. 1004. REDUCING THE RAPE KIT BACKLOG. mining such compensation, including the ‘‘(ii) RULE OF CONSTRUCTION.—Nothing in Section 2(c)(3) of the DNA Analysis Back- independent persons involved in reviewing clause (i) shall be construed to create or log Elimination Act of 2000 (42 U.S.C. and approving such compensation, the com- amend any Federal rights or privileges for 14135(c)(3)) is amended— parability data used, and contemporaneous non-governmental vendor laboratories de- (a) in subparagraph (B), by striking ‘‘2014’’ substantiation of the deliberation and deci- scribed in regulations promulgated under and inserting ‘‘2018’’; and sion. Upon request, the Attorney General section 210303 of the DNA Identification Act (b) by adding at the end the following: shall make the information disclosed under of 1994 (42 U.S.C. 14131). ‘‘(C) For each of fiscal years 2014 through this subsection available for public inspec- ‘‘(o) ESTABLISHMENT OF PROTOCOLS, TECH- 2018, not less than 75 percent of the total tion. NICAL ASSISTANCE, AND DEFINITIONS.— grant amounts shall be awarded for a com- (7) ADMINISTRATIVE EXPENSES.—Unless oth- ‘‘(1) PROTOCOLS AND PRACTICES.—Not later bination of purposes under paragraphs (1), erwise explicitly provided in authorizing leg- than 18 months after the date of enactment (2), and (3) of subsection (a).’’. islation, not more than 7.5 percent of the of the SAFER Act of 2013, the Director, in SEC. 1005. OVERSIGHT AND ACCOUNTABILITY. amounts authorized to be appropriated under consultation with Federal, State, and local All grants awarded by the Department of this title may be used by the Attorney Gen- law enforcement agencies and government Justice that are authorized under this title eral for salaries and administrative expenses laboratories, shall develop and publish a de- shall be subject to the following: of the Department of Justice. scription of protocols and practices the Di- (1) AUDIT REQUIREMENT.—Beginning in fis- (8) CONFERENCE EXPENDITURES.— rector considers appropriate for the accu- cal year 2013, and each fiscal year thereafter, (A) LIMITATION.—No amounts authorized to rate, timely, and effective collection and the Inspector General of the Department of be appropriated to the Department of Justice processing of DNA evidence, including proto- Justice shall conduct audits of recipients of under this title may be used by the Attorney cols and practices specific to sexual assault grants under this title to prevent waste, General or by any individual or organization

VerDate Mar 15 2010 03:59 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.017 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S638 CONGRESSIONAL RECORD — SENATE February 12, 2013 awarded discretionary funds through a coop- Homeland Security and to detention facili- SEC. 1105. CHILD ABUSE TRAINING PROGRAMS erative agreement under this Act, to host or ties operated under contract with the De- FOR JUDICIAL PERSONNEL AND support any expenditure for conferences that partment. PRACTITIONERS REAUTHORIZA- TION. uses more than $20,000 in Department funds, ‘‘(3) COMPLIANCE.—The Secretary of Home- Subtitle C of the Victims of Child Abuse unless the Deputy Attorney General or the land Security shall— Act of 1990 (42 U.S.C. 13024) is amended in ‘‘(A) assess compliance with the standards appropriate Assistant Attorney General, Di- subsection (a) by striking ‘‘$2,300,000’’ and all adopted under paragraph (1) on a regular rector, or principal deputy as the Deputy At- that follows and inserting ‘‘$2,300,000 for each basis; and torney General may designate, provides prior of fiscal years 2014 through 2018.’’. written authorization that the funds may be ‘‘(B) include the results of the assessments expended to host a conference. in performance evaluations of facilities com- TITLE XII—TRAFFICKING VICTIMS PROTECTION (B) WRITTEN APPROVAL.—Written approval pleted by the Department of Homeland Secu- under subparagraph (A) shall include a writ- rity. Subtitle A—Combating International ten estimate of all costs associated with the ‘‘(4) CONSIDERATIONS.—In adopting stand- Trafficking in Persons conference, including the cost of all food and ards under paragraph (1), the Secretary of SEC. 1201. REGIONAL STRATEGIES FOR COM- beverages, audio/visual equipment, honoraria Homeland Security shall give due consider- BATING TRAFFICKING IN PERSONS. for speakers, and any entertainment. ation to the recommended national stand- Section 105 of the Trafficking Victims Pro- (C) REPORT.—The Deputy Attorney General ards provided by the Commission under sec- tection Act of 2000 (22 U.S.C. 7103) is amend- shall submit an annual report to the Com- tion 7(e). ed— mittee on the Judiciary of the Senate and ‘‘(5) DEFINITION.—As used in this section, (1) in subsection (d)(7)(J), by striking ‘‘sec- the Committee on the Judiciary of the House the term ‘detention facilities operated under tion 105(f) of this division’’ and inserting of Representatives on all conference expendi- contract with the Department’ includes, but ‘‘subsection (g)’’; tures approved by operation of this para- is not limited to contract detention facilities (2) in subsection (e)(2)— graph. and detention facilities operated through an (A) by striking ‘‘(2) COORDINATION OF (9) PROHIBITION ON LOBBYING ACTIVITY.— intergovernmental service agreement with CERTAIN ACTIVITIES.—’’ and all that fol- (A) IN GENERAL.—Amounts authorized to be the Department of Homeland Security. lows through ‘‘exploitation.’’; appropriated under this title may not be uti- ‘‘(d) APPLICABILITY TO CUSTODIAL FACILI- (B) by redesignating subparagraph (B) as lized by any grant recipient to— TIES OPERATED BY THE DEPARTMENT OF paragraph (2), and moving such paragraph, as HEALTH AND HUMAN SERVICES.— (i) lobby any representative of the Depart- so redesignated, 2 ems to the left; and ‘‘(1) IN GENERAL.—Not later than 180 days ment of Justice regarding the award of grant (C) by redesignating clauses (i) and (ii) as after the date of enactment of the Violence funding; or subparagraphs (A) and (B), respectively, and Against Women Reauthorization Act of 2013, (ii) lobby any representative of a Federal, moving such subparagraphs, as so redesig- the Secretary of Health and Human Services state, local, or tribal government regarding nated, 2 ems to the left; shall publish a final rule adopting national the award of grant funding. (3) by redesignating subsection (f) as sub- standards for the detection, prevention, re- (B) PENALTY.—If the Attorney General de- section (g); and duction, and punishment of rape and sexual termines that any recipient of a grant under (4) by inserting after subsection (e) the fol- assault in facilities that maintain custody of this title has violated subparagraph (A), the lowing: unaccompanied alien children (as defined in ‘‘(f) REGIONAL STRATEGIES FOR COMBATING Attorney General shall— section 462(g) of the Homeland Security Act TRAFFICKING IN PERSONS.—Each regional bu- (i) require the grant recipient to repay the of 2002 (6 U.S.C. 279(g))). reau in the Department of State shall con- grant in full; and ‘‘(2) APPLICABILITY.—The standards adopt- tribute to the realization of the anti-traf- (ii) prohibit the grant recipient from re- ed under paragraph (1) shall apply to facili- ficking goals and objectives of the Secretary ceiving another grant under this title for not ties operated by the Department of Health of State. Each year, in cooperation with the less than 5 years. and Human Services and to facilities oper- Office to Monitor and Combat Trafficking in SEC. 1006. SUNSET. ated under contract with the Department. Persons, each regional bureau shall submit a Effective on December 31, 2018, subsections ‘‘(3) COMPLIANCE.—The Secretary of Health list of anti-trafficking goals and objectives (a)(6) and (n) of section 2 of the DNA Anal- and Human Services shall— to the Secretary of State for each country in ysis Backlog Elimination Act of 2000 (42 ‘‘(A) assess compliance with the standards the geographic area of responsibilities of the U.S.C. 14135(a)(6) and (n)) are repealed. adopted under paragraph (1) on a regular regional bureau. Host governments shall be TITLE XI—OTHER MATTERS basis; and informed of the goals and objectives for their SEC. 1101. SEXUAL ABUSE IN CUSTODIAL SET- ‘‘(B) include the results of the assessments particular country and, to the extent pos- TINGS. in performance evaluations of facilities com- sible, host government officials should be (a) SUITS BY PRISONERS.—Section 7(e) of pleted by the Department of Health and consulted regarding the goals and objec- the Civil Rights of Institutionalized Persons Human Services. tives.’’. Act (42 U.S.C. 1997e(e)) is amended by insert- ‘‘(4) CONSIDERATIONS.—In adopting stand- SEC. 1202. PARTNERSHIPS AGAINST SIGNIFICANT ing before the period at the end the fol- ards under paragraph (1), the Secretary of TRAFFICKING IN PERSONS. lowing: ‘‘or the commission of a sexual act Health and Human Services shall give due The Trafficking Victims Protection Act of (as defined in section 2246 of title 18, United consideration to the recommended national 2000 is amended by inserting after section 105 States Code)’’. standards provided by the Commission under (22 U.S.C. 7103) the following: (b) UNITED STATES AS DEFENDANT.—Section section 7(e).’’. ‘‘SEC. 105A. CREATING, BUILDING, AND 1346(b)(2) of title 28, United States Code, is STRENGTHENING PARTNERSHIPS SEC. 1102. ANONYMOUS ONLINE HARASSMENT. AGAINST SIGNIFICANT TRAF- amended by inserting before the period at Section 223(a)(1) of the Communications FICKING IN PERSONS. the end the following: ‘‘or the commission of Act of 1934 (47 U.S.C. 223(a)(1)) is amended— ‘‘(a) DECLARATION OF PURPOSE.—The pur- a sexual act (as defined in section 2246 of (1) in subparagraph (A), in the undesig- pose of this section is to promote collabora- title 18)’’. nated matter following clause (ii), by strik- tion and cooperation— (c) ADOPTION AND EFFECT OF NATIONAL ing ‘‘annoy,’’; ‘‘(1) between the United States Govern- STANDARDS.—Section 8 of the Prison Rape (2) in subparagraph (C)— ment and governments listed on the annual Elimination Act of 2003 (42 U.S.C. 15607) is (A) by striking ‘‘annoy,’’; and Trafficking in Persons Report; amended— (B) by striking ‘‘harass any person at the ‘‘(2) between foreign governments and civil (1) by redesignating subsection (c) as sub- called number or who receives the commu- society actors; and section (e); and nication’’ and inserting ‘‘harass any specific ‘‘(3) between the United States Govern- (2) by inserting after subsection (b) the fol- person’’; and ment and private sector entities. lowing: (3) in subparagraph (E), by striking ‘‘har- ‘‘(b) PARTNERSHIPS.—The Director of the ‘‘(c) APPLICABILITY TO DETENTION FACILI- ass any person at the called number or who office established pursuant to section TIES OPERATED BY THE DEPARTMENT OF HOME- receives the communication’’ and inserting 105(e)(1) of this Act, in coordination and co- LAND SECURITY.— ‘‘harass any specific person’’. operation with other officials at the Depart- ‘‘(1) IN GENERAL.—Not later than 180 days SEC. 1103. STALKER DATABASE. ment of State, officials at the Department of after the date of enactment of the Violence Section 40603 of the Violence Against Labor, and other relevant officials of the Against Women Reauthorization Act of 2013, Women Act of 1994 (42 U.S.C. 14032) is amend- United States Government, shall promote, the Secretary of Homeland Security shall ed by striking ‘‘$3,000,000’’ and all that fol- build, and sustain partnerships between the publish a final rule adopting national stand- lows and inserting ‘‘$3,000,000 for fiscal years United States Government and private enti- ards for the detection, prevention, reduction, 2014 through 2018.’’. ties, including foundations, universities, cor- and punishment of rape and sexual assault in SEC. 1104. FEDERAL VICTIM ASSISTANTS REAU- porations, community-based organizations, facilities that maintain custody of aliens de- THORIZATION. and other nongovernmental organizations, to tained for a violation of the immigrations Section 40114 of the Violence Against ensure that— laws of the United States. Women Act of 1994 (Public Law 103–322; 108 ‘‘(1) United States citizens do not use any ‘‘(2) APPLICABILITY.—The standards adopt- Stat. 1910) is amended by striking ‘‘fiscal item, product, or material produced or ex- ed under paragraph (1) shall apply to deten- years 2007 through 2011’’ and inserting ‘‘fiscal tracted with the use and labor from victims tion facilities operated by the Department of years 2014 through 2018’’. of severe forms of trafficking; and

VerDate Mar 15 2010 05:51 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.017 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S639 ‘‘(2) such entities do not contribute to traf- of criteria developed by the Secretary of (C) by inserting ‘‘A government’s failure to ficking in persons involving sexual exploi- State in consultation with the Adminis- appropriately address public allegations tation. trator of the United States Agency for Inter- against such public officials, especially once ‘‘(c) PROGRAM TO ADDRESS EMERGENCY SIT- national Development and the Secretary of such officials have returned to their home UATIONS.—The Secretary of State, acting Labor. Such criteria shall include— countries, shall be considered inaction under through the Director established pursuant to ‘‘(A) a documented high prevalence of traf- these criteria.’’ after ‘‘such trafficking.’’; section 105(e)(1) of this Act, is authorized to ficking in persons within the country; and (4) by redesignating paragraphs (9) through establish a fund to assist foreign govern- ‘‘(B) demonstrated political motivation (11) as paragraphs (10) through (12), respec- ments in meeting unexpected, urgent needs and sustained commitment by the govern- tively; and in prevention of trafficking in persons, pro- ment of such country to undertake meaning- (5) by inserting after paragraph (8) the fol- tection of victims, and prosecution of traf- ful measures to address severe forms of traf- lowing: ficking offenders. ficking in persons, including prevention, pro- ‘‘(9) Whether the government has entered ‘‘(d) CHILD PROTECTION COMPACTS.— tection of victims, and the enactment and into effective, transparent partnerships, co- ‘‘(1) IN GENERAL.—The Secretary of State, enforcement of anti-trafficking laws against operative arrangements, or agreements that in consultation with the Administrator of perpetrators. have resulted in concrete and measurable the United States Agency for International ‘‘(6) SUSPENSION AND TERMINATION OF AS- outcomes with— Development, the Secretary of Labor, and SISTANCE.— ‘‘(A) domestic civil society organizations, the heads of other relevant agencies, is au- ‘‘(A) IN GENERAL.—The Secretary may sus- private sector entities, or international non- thorized to provide assistance under this sec- pend or terminate assistance provided under governmental organizations, or into multi- tion for each country that enters into a child this subsection in whole or in part for a lateral or regional arrangements or agree- protection compact with the United States country or entity if the Secretary deter- ments, to assist the government’s efforts to to support policies and programs that— mines that— prevent trafficking, protect victims, and ‘‘(A) prevent and respond to violence, ex- ‘‘(i) the country or entity is engaged in ac- ploitation, and abuse against children; and punish traffickers; or tivities that are contrary to the national se- ‘‘(B) measurably reduce the trafficking of ‘‘(B) the United States toward agreed goals curity interests of the United States; minors by building sustainable and effective and objectives in the collective fight against ‘‘(ii) the country or entity has engaged in systems of justice, prevention, and protec- trafficking.’’. a pattern of actions inconsistent with the tion. SEC. 1205. BEST PRACTICES IN TRAFFICKING IN criteria used to determine the eligibility of ‘‘(2) ELEMENTS.—A child protection com- PERSONS ERADICATION. the country or entity, as the case may be; or pact under this subsection shall establish a Section 110(b) of the Trafficking Victims multi-year plan for achieving shared objec- ‘‘(iii) the country or entity has failed to Protection Act of 2000 (22 U.S.C. 7107(b)) is tives in furtherance of the purposes of this adhere to its responsibilities under the Com- amended— Act. The compact should take into account, pact. (1) in paragraph (1)— if applicable, the national child protection ‘‘(B) REINSTATEMENT.—The Secretary may (A) by striking ‘‘with respect to the status strategies and national action plans for reinstate assistance for a country or entity of severe forms of trafficking in persons that human trafficking of a country, and shall de- suspended or terminated under this para- shall include—’’ and inserting ‘‘describing scribe— graph only if the Secretary determines that the anti-trafficking efforts of the United ‘‘(A) the specific objectives the foreign the country or entity has demonstrated a States and foreign governments according to government and the United States Govern- commitment to correcting each condition the minimum standards and criteria enumer- ment expect to achieve during the term of for which assistance was suspended or termi- ated in section 108, and the nature and scope the compact; nated under subparagraph (A).’’. of trafficking in persons in each country and ‘‘(B) the responsibilities of the foreign gov- SEC. 1203. PROTECTION AND ASSISTANCE FOR analysis of the trend lines for individual gov- ernment and the United States Government VICTIMS OF TRAFFICKING. ernmental efforts. The report should in- in the achievement of such objectives; (a) TASK FORCE ACTIVITIES.—Section clude—’’; ‘‘(C) the particular programs or initiatives 105(d)(6) of the Trafficking Victims Protec- (B) in subparagraph (E), by striking ‘‘; tion Act of 2000 (22 U.S.C. 7103(d)(6)) is to be undertaken in the achievement of such and’’ and inserting a semicolon; amended by inserting ‘‘, and make reason- objectives and the amount of funding to be (C) in subparagraph (F), by striking the pe- able efforts to distribute information to en- allocated to each program or initiative by riod at the end and inserting ‘‘; and’’; and able all relevant Federal Government agen- both countries; (D) by inserting at the end the following: cies to publicize the National Human Traf- ‘‘(G) a section entitled ‘Promising Prac- ‘‘(D) regular outcome indicators to mon- ficking Resource Center Hotline on their tices in the Eradication of Trafficking in itor and measure progress toward achieving websites, in all headquarters offices, and in Persons’ to highlight effective practices and such objectives; all field offices throughout the United use of innovation and technology in preven- ‘‘(E) a multi-year financial plan, including States’’ before the period at the end. tion, protection, prosecution, and partner- the estimated amount of contributions by (b) CONGRESSIONAL BRIEFING.—Section the United States Government and the for- 107(a)(2) of the Trafficking Victims Protec- ships, including by foreign governments, the eign government, and proposed mechanisms tion Act of 2000 (22 U.S.C. 7105(a)(2)) is private sector, and domestic civil society ac- to implement the plan and provide oversight; amended by inserting ‘‘and shall brief Con- tors.’’; ‘‘(F) how a country strategy will be devel- gress annually on such efforts’’ before the (2) by striking paragraph (2); oped to sustain progress made toward period at the end. (3) by redesignating paragraphs (3) and (4) achieving such objectives after expiration of SEC. 1204. MINIMUM STANDARDS FOR THE ELIMI- as paragraphs (2) and (3), respectively; and the compact; and NATION OF TRAFFICKING. (4) in paragraph (2), as redesignated, by ‘‘(G) how child protection data will be col- Section 108(b) of the Trafficking Victims adding at the end the following: lected, tracked, and managed to provide Protection Act of 2000 (22 U.S.C. 7106(b)) is ‘‘(E) PUBLIC NOTICE.—Not later than 30 strengthened case management and policy amended— days after notifying Congress of each coun- planning. (1) in paragraph (3)— try determined to have met the require- ‘‘(3) FORM OF ASSISTANCE.—Assistance (A) by striking ‘‘peacekeeping’’ and insert- ments under subclauses (I) through (III) of under this subsection may be provided in the ing ‘‘diplomatic, peacekeeping,’’; subparagraph (D)(ii), the Secretary of State form of grants, cooperative agreements, or (B) by striking ‘‘, and measures’’ and in- shall provide a detailed description of the contracts to or with national governments, serting ‘‘, a transparent system for remedi- credible evidence supporting such determina- regional or local governmental units, or non- ating or punishing such public officials as a tion on a publicly available website main- governmental organizations or private enti- deterrent, measures’’; and tained by the Department of State.’’. ties with expertise in the protection of vic- (C) by inserting ‘‘, effective bilateral, mul- SEC. 1206. PROTECTIONS FOR DOMESTIC WORK- tims of severe forms of trafficking in per- tilateral, or regional information sharing ERS AND OTHER NONIMMIGRANTS. sons. and cooperation arrangements with other Section 202 of the William Wilberforce ‘‘(4) ELIGIBLE COUNTRIES.—The Secretary of countries, and effective policies or laws regu- Trafficking Victims Protection Reauthoriza- State, in consultation with the agencies set lating foreign labor recruiters and holding tion Act of 2008 (8 U.S.C. 1375b) is amended— forth in paragraph (1) and relevant officers of them civilly and criminally liable for fraudu- (1) in subsection (a)— the Department of Justice, shall select coun- lent recruiting’’ before the period at the end; (A) in the subsection heading, by inserting tries with which to enter into child protec- (2) in paragraph (4), by inserting ‘‘and has ‘‘AND VIDEO FOR CONSULAR WAITING ROOMS’’ tion compacts. The selection of countries entered into bilateral, multilateral, or re- after ‘‘INFORMATION PAMPHLET’’; and under this paragraph shall be based on— gional law enforcement cooperation and co- (B) in paragraph (1)— ‘‘(A) the selection criteria set forth in ordination arrangements with other coun- (i) by inserting ‘‘and video’’ after ‘‘infor- paragraph (5); and tries’’ before the period at the end; mation pamphlet’’; and ‘‘(B) objective, documented, and quantifi- (3) in paragraph (7)— (ii) by adding at the end the following: able indicators, to the maximum extent pos- (A) by inserting ‘‘, including diplomats and ‘‘The video shall be distributed and shown in sible. soldiers,’’ after ‘‘public officials’’; consular waiting rooms in embassies and ‘‘(5) SELECTION CRITERIA.—A country shall (B) by striking ‘‘peacekeeping’’ and insert- consulates appropriate to the circumstances be selected under paragraph (4) on the basis ing ‘‘diplomatic, peacekeeping,’’; and that are determined to have the greatest

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concentration of employment or education- SEC. 1208. CHILD SOLDIERS. (b) DEFINITION.— based non-immigrant visa applicants, and Section 404 of the William Wilberforce (1) IN GENERAL.—Section 103 of the Traf- where sufficient video facilities exist in Trafficking Victims Protection Reauthoriza- ficking Victims Protection Act of 2000 (22 waiting or other rooms where applicants tion Act of 2008 (22 U.S.C. 2370c–1) is amend- U.S.C. 7102) is amended— wait or convene. The Secretary of State is ed— (A) by redesignating paragraphs (1) authorized to augment video facilities in (1) in subsection (a), by striking ‘‘(b), (c), through (14) as paragraphs (2) through (15), such consulates or embassies in order to ful- and (d), the authorities contained in section respectively; fill the purposes of this section.’’; 516 or 541 of the Foreign Assistance Act of (B) by inserting before paragraph (2), as re- (2) in subsection (b), by inserting ‘‘and 1961 (22 U.S.C. 2321j or 2347)’’ and inserting designated, the following: video’’ after ‘‘information pamphlet’’; ‘‘(b) through (f), the authorities contained in ‘‘(1) ABUSE OR THREATENED ABUSE OF LAW (3) in subsection (c)— sections 516, 541, and 551 of the Foreign As- OR LEGAL PROCESS.—The term ‘abuse or (A) in paragraph (1), by inserting ‘‘and sistance Act of 1961 (22 U.S.C. 2321j, 2347, and threatened abuse of the legal process’ means produce or dub the video’’ after ‘‘information 2348)’’; and the use or threatened use of a law or legal pamphlet’’; and (2) by adding at the end the following: process, whether administrative, civil, or (B) in paragraph (2), by inserting ‘‘and the ‘‘(f) EXCEPTION FOR PEACEKEEPING OPER- criminal, in any manner or for any purpose video produced or dubbed’’ after ‘‘trans- ATIONS.—The limitation set forth in sub- for which the law was not designed, in order lated’’; and section (a) that relates to section 551 of the to exert pressure on another person to cause (4) in subsection (d)— Foreign Assistance Act of 1961 shall not that person to take some action or refrain (A) in paragraph (1), by inserting ‘‘and apply to programs that support military from taking some action.’’; video’’ after ‘‘information pamphlet’’; professionalization, security sector reform, (C) in paragraph (14), as redesignated, by (B) in paragraph (2), by inserting ‘‘and heightened respect for human rights, peace- striking ‘‘paragraph (8)’’ and inserting video’’ after ‘‘information pamphlet’’; and keeping preparation, or the demobilization ‘‘paragraph (9)’’; and (C) by adding at the end the following: and reintegration of child soldiers.’’. (D) in paragraph (15), as redesignated, by striking ‘‘paragraph (8) or (9)’’ and inserting ‘‘(4) DEADLINE FOR VIDEO DEVELOPMENT AND Subtitle B—Combating Trafficking in ‘‘paragraph (9) or (10)’’. DISTRIBUTION.—Not later than 1 year after Persons in the United States the date of the enactment of the Violence (2) TECHNICAL AND CONFORMING AMEND- Against Women Reauthorization Act of 2013, PART I—PENALTIES AGAINST MENTS.— the Secretary of State shall make available TRAFFICKERS AND OTHER CRIMES (A) TRAFFICKING VICTIMS PROTECTION ACT the video developed under subsection (a) pro- SEC. 1211. CRIMINAL TRAFFICKING OFFENSES. OF 2000.—The Trafficking Victims Protection duced or dubbed in all the languages referred (a) RICO AMENDMENT.—Section 1961(1)(B) Act of 2000 (22 U.S.C. 7101 et eq.) is amend- to in subsection (c).’’. of title 18, United States Code, is amended by ed— SEC. 1207. PREVENTION OF CHILD MARRIAGE. inserting ‘‘section 1351 (relating to fraud in (i) in section 110(e) (22 U.S.C. 7107(e))— (a) IN GENERAL.—Section 106 of the Traf- foreign labor contracting),’’ before ‘‘section (I) by striking ‘‘section 103(7)(A)’’ and in- ficking Victims Protection Act of 2000 (22 1425’’. serting ‘‘section 103(8)(A)’’; and U.S.C. 7104) is amended by adding at the end (b) ENGAGING IN ILLICIT SEXUAL CONDUCT IN (II) by striking ‘‘section 103(7)(B)’’ and in- the following: FOREIGN PLACES.—Section 2423(c) of title 18, serting ‘‘section 103(8)(B)’’; and ‘‘(j) PREVENTION OF CHILD TRAFFICKING United States Code, is amended by inserting (ii) in section 113(g)(2) (22 U.S.C. 7110(g)(2)), THROUGH CHILD MARRIAGE.—The Secretary of ‘‘or resides, either temporarily or perma- by striking ‘‘section 103(8)(A)’’ and inserting State shall establish and implement a multi- nently, in a foreign country’’ after ‘‘com- ‘‘section 103(9)(A)’’. year, multi-sectoral strategy— merce’’. (B) NORTH KOREAN HUMAN RIGHTS ACT OF ‘‘(1) to prevent child marriage; (c) UNLAWFUL CONDUCT WITH RESPECT TO 2004.—Section 203(b)(2) of the North Korean ‘‘(2) to promote the empowerment of girls DOCUMENTS.— Human Rights Act of 2004 (22 U.S.C. at risk of child marriage in developing coun- (1) IN GENERAL.—Chapter 77 of title 18, 7833(b)(2)) is amended by striking ‘‘section tries; United States Code, is amended by adding at 103(14)’’ and inserting ‘‘section 103(15)’’. ‘‘(3) that should address the unique needs, the end the following: (C) TRAFFICKING VICTIMS PROTECTION REAU- vulnerabilities, and potential of girls young- ‘‘§ 1597. Unlawful conduct with respect to im- THORIZATION ACT OF 2005.—Section 207 of the er than 18 years of age in developing coun- migration documents Trafficking Victims Protection Reauthoriza- tries; tion Act of 2005 (42 U.S.C. 14044e) is amend- ‘‘(a) DESTRUCTION, CONCEALMENT, REMOVAL, ‘‘(4) that targets areas in developing coun- ed— CONFISCATION, OR POSSESSION OF IMMIGRATION tries with high prevalence of child marriage; (i) in paragraph (1), by striking ‘‘section DOCUMENTS.—It shall be unlawful for any 103(8)’’ and inserting ‘‘section 103(9)’’; and person to knowingly destroy, conceal, re- ‘‘(5) that includes diplomatic and pro- (ii) in paragraph (2), by striking ‘‘section move, confiscate, or possess, an actual or 103(9)’’ and inserting ‘‘section 103(10)’’; and grammatic initiatives.’’. purported passport or other immigration (b) INCLUSION OF CHILD MARRIAGE STATUS (iii) in paragraph (3), by striking ‘‘section document of another individual — IN REPORTS.—The Foreign Assistance Act of 103(3)’’ and inserting ‘‘section 103(4)’’. ‘‘(1) in the course of violating section 1351 1961 (22 U.S.C. 2151 et seq.) is amended— (D) VIOLENCE AGAINST WOMEN AND DEPART- of this title or section 274 of the Immigration (1) in section 116 (22 U.S.C. 2151n), by add- MENT OF JUSTICE REAUTHORIZATION ACT OF and Nationality Act (8 U.S.C. 1324); ing at the end the following: 2005.—Section 111(a)(1) of the Violence ‘‘(g) CHILD MARRIAGE STATUS.— ‘‘(2) with intent to violate section 1351 of Against Women and Department of Justice ‘‘(1) IN GENERAL.—The report required this title or section 274 of the Immigration Reauthorization Act of 2005 (42 U.S.C. under subsection (d) shall include, for each and Nationality Act (8 U.S.C. 1324); or 14044f(a)(1)) is amended by striking ‘‘para- country in which child marriage is preva- ‘‘(3) in order to, without lawful authority, graph (8)’’ and inserting ‘‘paragraph (9)’’. maintain, prevent, or restrict the labor of lent, a description of the status of the prac- PART II—ENSURING AVAILABILITY OF services of the individual. tice of child marriage in such country. POSSIBLE WITNESSES AND INFORMANTS ‘‘(b) PENALTY.—Any person who violates ‘‘(2) DEFINED TERM.—In this subsection, the SEC. 1221. PROTECTIONS FOR TRAFFICKING VIC- term ‘child marriage’ means the marriage of subsection (a) shall be fined under this title, imprisoned for not more than 1 year, or both. TIMS WHO COOPERATE WITH LAW a girl or boy who is— ENFORCEMENT. ‘‘(c) OBSTRUCTION.—Any person who know- ‘‘(A) younger than the minimum age for Section 101(a)(15)(T)(ii)(III) of the Immi- marriage under the laws of the country in ingly obstructs, attempts to obstruct, or in gration and Nationality Act (8 U.S.C. which such girl or boy is a resident; or any way interferes with or prevents the en- 1101(a)(15)(T)(ii)(III) is amended by inserting ‘‘(B) younger than 18 years of age, if no forcement of this section, shall be subject to ‘‘, or any adult or minor children of a deriva- such law exists.’’; and the penalties described in subsection (b).’’. tive beneficiary of the alien, as’’ after ‘‘age’’. (2) TECHNICAL AND CONFORMING AMEND- (2) in section 502B (22 U.S.C. 2304), by add- SEC. 1222. PROTECTION AGAINST FRAUD IN FOR- ing at the end the following: MENT.—The table of sections for chapter 77 of EIGN LABOR CONTRACTING. ‘‘(i) CHILD MARRIAGE STATUS.— title 18, United States Code, is amended by Section 101(a)(15)(U)(iii) of the Immigra- ‘‘(1) IN GENERAL.—The report required adding at the end the following: tion and Nationality Act (8 U.S.C. under subsection (b) shall include, for each ‘‘1597. Unlawful conduct with respect to im- 1101(a)(15)(U)(iii)) is amended by inserting country in which child marriage is preva- migration documents.’’. ‘‘fraud in foreign labor contracting (as de- lent, a description of the status of the prac- SEC. 1212. CIVIL REMEDIES; CLARIFYING DEFINI- fined in section 1351 of title 18, United States tice of child marriage in such country. TION. Code);’’ after ‘‘perjury;’’. ‘‘(2) DEFINED TERM.—In this subsection, the (a) CIVIL REMEDY FOR PERSONAL INJU- PART III—ENSURING INTERAGENCY CO- term ‘child marriage’ means the marriage of RIES.—Section 2255 of title 18, United States ORDINATION AND EXPANDED REPORT- a girl or boy who is— Code, is amended— ING ‘‘(A) younger than the minimum age for (1) in subsection (a), by striking ‘‘section SEC. 1231. REPORTING REQUIREMENTS FOR THE marriage under the laws of the country in 2241(c)’’ and inserting ‘‘section 1589, 1590, ATTORNEY GENERAL. which such girl or boy is a resident; or 1591, 2241(c)’’; and Section 105(d)(7) of the Trafficking Victims ‘‘(B) younger than 18 years of age, if no (2) in subsection (b), by striking ‘‘six Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is such law exists.’’. years’’ and inserting ‘‘10 years’’. amended—

VerDate Mar 15 2010 03:59 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.017 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S641 (1) by redesignating subparagraphs (D) the Immigration and Nationality Act (8 (2) describe the role and practices of em- through (J) as subparagraphs (I) through (O); U.S.C. 1101(a)(15)); and ployers in the United States that commis- (2) by striking subparagraphs (B) and (C) ‘‘(R) the activities undertaken by the De- sion labor recruiters or brokers or directly and inserting the following: partment of Justice and the Department of recruit foreign workers; ‘‘(B) the number of persons who have been Health and Human Services to meet the spe- (3) describe the role of Federal depart- granted continued presence in the United cific needs of minor victims of domestic traf- ments and agencies in overseeing and regu- States under section 107(c)(3) during the pre- ficking, including actions taken pursuant to lating the foreign labor recruitment process, ceding fiscal year and the mean and median subsection (f) and section 202(a) of the Traf- including certifying and enforcing under ex- time taken to adjudicate applications sub- ficking Victims Protection Reauthorization isting regulations; mitted under such section, including the Act of 2005 (42 U.S.C. 14044(a)), and the steps (4) describe the type of jobs and the num- time from the receipt of an application by taken to increase cooperation among Fed- bers of positions in the United States that law enforcement to the issuance of continued eral agencies to ensure the effective and effi- have been filled through foreign workers dur- presence, and a description of any efforts cient use of programs for which the victims ing each of the last 8 years, including posi- being taken to reduce the adjudication and are eligible.’’. tions within the Federal Government; processing time while ensuring the safe and SEC. 1232. REPORTING REQUIREMENTS FOR THE (5) describe any efforts or programs under- competent processing of the applications; SECRETARY OF LABOR. taken by Federal, State and local govern- ‘‘(C) the number of persons who have ap- Section 105(b) of the Trafficking Victims ment entities to encourage employers, di- plied for, been granted, or been denied a visa Protection Act of 2005 (22 U.S.C. 7112(b)) is rectly or indirectly, to use foreign workers or to reward employers for using foreign or otherwise provided status under subpara- amended by adding at the end the following: workers; and graph (T)(i) or (U)(i) of section 101(a)(15) of ‘‘(3) SUBMISSION TO CONGRESS.—Not later (6) based on the information required under the Immigration and Nationality Act (8 than December 1, 2014, and every 2 years paragraphs (1) through (3), identify any com- U.S.C. 1101(a)(15)) during the preceding fiscal thereafter, the Secretary of Labor shall sub- mon abuses of foreign workers and the em- year; mit the list developed under paragraph (2)(C) ployment system, including the use of fees ‘‘(D) the number of persons who have ap- to Congress.’’. and debts, and recommendations of actions plied for, been granted, or been denied a visa SEC. 1233. INFORMATION SHARING TO COMBAT that could be taken by Federal departments CHILD LABOR AND SLAVE LABOR. or status under clause (ii) of section and agencies to combat any identified Section 105(a) of the Trafficking Victims 101(a)(15)(T) of the Immigration and Nation- abuses. ality Act (8 U.S.C. 1101(a)(15)(T)) during the Protection Act of 2005 (22 U.S.C. 7112(a)) is SEC. 1236. ACCOUNTABILITY. preceding fiscal year, broken down by the amended by adding at the end the following: All grants awarded by the Attorney Gen- number of such persons described in sub- ‘‘(3) INFORMATION SHARING.—The Secretary eral under this title or an Act amended by of State shall, on a regular basis, provide in- clauses (I), (II), and (III) of such clause (ii); this title shall be subject to the following ac- ‘‘(E) the amount of Federal funds expended formation relating to child labor and forced countability provisions: in direct benefits paid to individuals de- labor in the production of goods in violation (1) AUDIT REQUIREMENT.— of international standards to the Depart- scribed in subparagraph (D) in conjunction (A) DEFINITION.—In this paragraph, the with T visa status; ment of Labor to be used in developing the term ‘‘unresolved audit finding’’ means an ‘‘(F) the number of persons who have ap- list described in subsection (b)(2)(C).’’. audit report finding in the final audit report plied for, been granted, or been denied a visa SEC. 1234. GOVERNMENT TRAINING EFFORTS TO of the Inspector General of the Department or status under section 101(a)(15)(U)(i) of the INCLUDE THE DEPARTMENT OF of Justice that the grantee has used grant Immigration and Nationality Act (8 U.S.C. LABOR. funds for an unauthorized expenditure or 1101(a)(15)(U)(i)) during the preceding fiscal Section 107(c)(4) of the Trafficking Victims otherwise unallowable cost that is not closed year; Protection Act of 2000 (22 U.S.C. 7105(c)(4)) is or resolved during the 12-month period be- ‘‘(G) the mean and median time in which it amended— ginning on the date on which the final audit takes to adjudicate applications submitted (1) in the first sentence, by inserting ‘‘the report is issued under the provisions of law set forth in sub- Department of Labor, the Equal Employ- (B) REQUIREMENT.—Beginning in the first paragraph (C), including the time between ment Opportunity Commission,’’ before ‘‘and fiscal year beginning after the date of enact- the receipt of an application and the the Department’’; and ment of this Act, and in each fiscal year issuance of a visa and work authorization; (2) in the second sentence, by inserting ‘‘, thereafter, the Inspector General of the De- ‘‘(H) any efforts being taken to reduce the in consultation with the Secretary of partment of Justice shall conduct audits of adjudication and processing time, while en- Labor,’’ before ‘‘shall provide’’. recipients of grants under this title or an suring the safe and competent processing of SEC. 1235. GAO REPORT ON THE USE OF FOREIGN Act amended by this title to prevent waste, the applications;’’; LABOR CONTRACTORS. fraud, and abuse of funds by grantees. The (3) in subparagraph (N)(iii), as redesig- (a) IN GENERAL.—Not later than 2 years Inspector General shall determine the appro- nated, by striking ‘‘and’’ at the end; after the date of the enactment of this Act, priate number of grantees to be audited each (4) in subparagraph (O), as redesignated, by the Comptroller General of the United States year. striking the period at the end and inserting shall submit a report on the use of foreign (C) MANDATORY EXCLUSION.—A recipient of ‘‘; and’’; and labor contractors to— grant funds under this title or an Act amend- (5) by adding at the end the following: (1) the Committee on the Judiciary of the ed by this title that is found to have an unre- ‘‘(P) the activities undertaken by Federal Senate; solved audit finding shall not be eligible to agencies to train appropriate State, tribal, (2) the Committee on Health, Education, receive grant funds under this title or an Act and local government and law enforcement Labor, and Pensions of the Senate; amended by this title during the first 2 fiscal officials to identify victims of severe forms (3) the Committee on the Judiciary of the years beginning after the end of the 12- of trafficking, including both sex and labor House of Representatives; and month period described in subparagraph (A). trafficking; (4) the Committee on Education and the (D) PRIORITY.—In awarding grants under ‘‘(Q) the activities undertaken by Federal Workforce of the House of Representatives. this title or an Act amended by this title, agencies in cooperation with State, tribal, (b) CONTENTS.—The report under sub- the Attorney General shall give priority to and local law enforcement officials to iden- section (a) should, to the extent possible— eligible applicants that did not have an unre- tify, investigate, and prosecute offenses (1) address the role and practices of United solved audit finding during the 3 fiscal years under sections 1581, 1583, 1584, 1589, 1590, 1592, States employers in— before submitting an application for a grant and 1594 of title 18, United States Code, or (A) the use of labor recruiters or brokers; under this title or an Act amended by this equivalent State offenses, including, in each or title. fiscal year— (B) directly recruiting foreign workers; (E) REIMBURSEMENT.—If an entity is award- ‘‘(i) the number, age, gender, country of or- (2) analyze the laws that protect such ed grant funds under this title or an Act igin, and citizenship status of victims identi- workers, both overseas and domestically; amended by this title during the 2-fiscal-year fied for each offense; (3) describe the oversight and enforcement period during which the entity is barred ‘‘(ii) the number of individuals charged, mechanisms in Federal departments and from receiving grants under subparagraph and the number of individuals convicted, agencies for such laws; and (C), the Attorney General shall— under each offense; (4) identify any gaps that may exist in (i) deposit an amount equal to the amount ‘‘(iii) the number of individuals referred for these protections; and of the grant funds that were improperly prosecution for State offenses, including of- (5) recommend possible actions for Federal awarded to the grantee into the General fenses relating to the purchasing of commer- departments and agencies to combat any Fund of the Treasury; and cial sex acts; abuses. (ii) seek to recoup the costs of the repay- ‘‘(iv) the number of victims granted con- (c) REQUIREMENTS.—The report under sub- ment to the fund from the grant recipient tinued presence in the United States under section (a) shall— that was erroneously awarded grant funds. section 107(c)(3); and (1) describe the role of labor recruiters or (2) NONPROFIT ORGANIZATION REQUIRE- ‘‘(v) the number of victims granted a visa brokers working in countries that are send- MENTS.— or otherwise provided status under subpara- ing workers and receiving funds, including (A) DEFINITION.—For purposes of this para- graph (T)(i) or (U)(i) of section 101(a)(15) of any identified involvement in labor abuses; graph and the grant programs under this

VerDate Mar 15 2010 03:59 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.017 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S642 CONGRESSIONAL RECORD — SENATE February 12, 2013 title or an Act amended by this title, the PART IV—ENHANCING STATE AND LOCAL homeless youth), or employs staff specialized term ‘‘nonprofit organization’’ means an or- EFFORTS TO COMBAT TRAFFICKING IN in the treatment of sex trafficking victims; ganization that is described in section PERSONS and 501(c)(3) of the Internal Revenue Code of 1986 SEC. 1241. ASSISTANCE FOR DOMESTIC MINOR ‘‘(C) demonstrates a plan to sustain the and is exempt from taxation under section SEX TRAFFICKING VICTIMS. provision of services beyond the period of a 501(a) of such Code. (a) IN GENERAL.—Section 202 of the Traf- grant awarded under this section. ‘‘(6) SEX TRAFFICKING OF A MINOR.—The (B) PROHIBITION.—The Attorney General ficking Victims Protection Reauthorization may not award a grant under this title or an Act of 2005 (42 U.S.C. 14044a) is amended to term ‘sex trafficking of a minor’ means an read as follows: offense described in section 1591(a) of title 18, Act amended by this title to a nonprofit or- United States Code, or a comparable State ganization that holds money in offshore ac- ‘‘SEC. 202. ESTABLISHMENT OF A GRANT PRO- GRAM TO DEVELOP, EXPAND, AND law, against a minor. counts for the purpose of avoiding paying the STRENGTHEN ASSISTANCE PRO- ‘‘(b) SEX TRAFFICKING BLOCK GRANTS.— tax described in section 511(a) of the Internal GRAMS FOR CERTAIN PERSONS SUB- ‘‘(1) GRANTS AUTHORIZED.— Revenue Code of 1986. JECT TO TRAFFICKING. ‘‘(A) IN GENERAL.—The Assistant Attorney (C) DISCLOSURE.—Each nonprofit organiza- ‘‘(a) DEFINITIONS.—In this section: General, in consultation with the Assistant tion that is awarded a grant under this title ‘‘(1) ASSISTANT SECRETARY.—The term ‘As- Secretary, may make block grants to 4 eligi- or an Act amended by this title and uses the sistant Secretary’ means the Assistant Sec- ble entities located in different regions of procedures prescribed in regulations to cre- retary for Children and Families of the De- the United States to combat sex trafficking partment of Health and Human Services. ate a rebuttable presumption of reasonable- of minors. ‘‘(2) ASSISTANT ATTORNEY GENERAL.—The ness for the compensation of its officers, di- ‘‘(B) REQUIREMENT.—Not fewer than 1 of term ‘Assistant Attorney General’ means the rectors, trustees and key employees, shall the block grants made under subparagraph Assistant Attorney General for the Office of (A) shall be awarded to an eligible entity disclose to the Attorney General, in the ap- Justice Programs of the Department of Jus- plication for the grant, the process for deter- with a State population of less than 5,000,000. tice. ‘‘(C) GRANT AMOUNT.—Subject to the avail- mining such compensation, including the ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible ability of appropriations under subsection (g) independent persons involved in reviewing entity’ means a State or unit of local gov- to carry out this section, each grant made and approving such compensation, the com- ernment that— under this section shall be for an amount not parability data used, and contemporaneous ‘‘(A) has significant criminal activity in- less than $1,500,000 and not greater than substantiation of the deliberation and deci- volving sex trafficking of minors; $2,000,000. sion. Upon request, the Attorney General ‘‘(B) has demonstrated cooperation be- ‘‘(D) DURATION.— shall make the information disclosed under tween Federal, State, local, and, where ap- ‘‘(i) IN GENERAL.—A grant made under this this subparagraph available for public in- plicable, tribal law enforcement agencies, section shall be for a period of 1 year. spection. prosecutors, and social service providers in ‘‘(ii) RENEWAL.— (3) CONFERENCE EXPENDITURES.— addressing sex trafficking of minors; ‘‘(I) IN GENERAL.—The Assistant Attorney (A) LIMITATION.—No amounts authorized to ‘‘(C) has developed a workable, multi-dis- General may renew a grant under this sec- be appropriated to the Department of Justice ciplinary plan to combat sex trafficking of tion for up to 3 1-year periods. minors, including— under this title or an Act amended by this ‘‘(II) PRIORITY.—In making grants in any ‘‘(i) building or establishing a residential title may be used by the Attorney General, fiscal year after the first fiscal year in which care facility for minor victims of sex traf- or by any individual or entity awarded dis- grants are made under this section, the As- ficking; cretionary funds through a cooperative sistant Attorney General shall give priority ‘‘(ii) the provision of rehabilitative care to to an eligible entity that received a grant in agreement under this title or an Act amend- minor victims of sex trafficking; the preceding fiscal year and is eligible for ed by this title, to host or support any ex- ‘‘(iii) the provision of specialized training renewal under this subparagraph, taking penditure for conferences that uses more for law enforcement officers and social serv- into account any evaluation of the eligible than $20,000 in funds made available to the ice providers for all forms of sex trafficking, entity conducted under paragraph (4), if Department of Justice, unless the Deputy with a focus on sex trafficking of minors; available. Attorney General or the appropriate Assist- ‘‘(iv) prevention, deterrence, and prosecu- ‘‘(E) CONSULTATION.—In carrying out this ant Attorney General, Director, or principal tion of offenses involving sex trafficking of section, the Assistant Attorney General deputy (as designated by the Deputy Attor- minors; shall consult with the Assistant Secretary ney General) provides prior written author- ‘‘(v) cooperation or referral agreements with respect to— ization that the funds may be expended to with organizations providing outreach or ‘‘(i) evaluations of grant recipients under host the conference. other related services to runaway and home- paragraph (4); (B) WRITTEN APPROVAL.—Written approval less youth; and ‘‘(ii) avoiding unintentional duplication of under subparagraph (A) shall include a writ- ‘‘(vi) law enforcement protocols or proce- grants; and ten estimate of all costs associated with the dures to screen all individuals arrested for ‘‘(iii) any other areas of shared concern. conference, including the cost of all food, prostitution, whether adult or minor, for vic- ‘‘(2) USE OF FUNDS.— beverages, audio-visual equipment, hono- timization by sex trafficking and by other ‘‘(A) ALLOCATION.—Not less than 67 percent crimes, such as sexual assault and domestic of each grant made under paragraph (1) shall raria for speakers, and entertainment. violence; and be used by the eligible entity to provide resi- (C) REPORT.—The Deputy Attorney General ‘‘(D) provides assurance that a minor vic- dential care and services (as described in shall submit an annual report to the Com- tim of sex trafficking shall not be required clauses (i) through (iv) of subparagraph (B)) mittee on the Judiciary of the Senate and to collaborate with law enforcement to have to minor victims of sex trafficking through the Committee on the Judiciary of the House access to residential care or services pro- qualified nongovernmental organizations. of Representatives on all conference expendi- vided with a grant under this section. ‘‘(B) AUTHORIZED ACTIVITIES.—Grants tures approved under this paragraph. ‘‘(4) MINOR VICTIM OF SEX TRAFFICKING.— awarded pursuant to paragraph (2) may be (4) ANNUAL CERTIFICATION.—Beginning in The term ‘minor victim of sex trafficking’ used for— the first fiscal year beginning after the date means an individual who— ‘‘(i) providing residential care to minor of enactment of this Act, the Attorney Gen- ‘‘(A) is younger than 18 years of age, and is victims of sex trafficking, including tem- eral shall submit, to the Committee on the a victim of an offense described in section porary or long-term placement as appro- Judiciary and the Committee on Appropria- 1591(a) of title 18, United States Code, or a priate; tions of the Senate and the Committee on comparable State law; or ‘‘(ii) providing 24-hour emergency social the Judiciary and the Committee on Appro- ‘‘(B)(i) is not younger than 18 years of age services response for minor victims of sex priations of the House of Representatives, an nor older than 20 years of age; trafficking; annual certification indicating whether— ‘‘(ii) before the individual reached 18 years ‘‘(iii) providing minor victims of sex traf- (A) all audits issued by the Office of the In- of age, was described in subparagraph (A); ficking with clothing and other daily neces- spector General under paragraph (1) have and sities needed to keep such victims from re- been completed and reviewed by the appro- ‘‘(iii) was receiving shelter or services as a turning to living on the street; priate Assistant Attorney General or Direc- minor victim of sex trafficking. ‘‘(iv) case management services for minor ‘‘(5) QUALIFIED NONGOVERNMENTAL ORGANI- victims of sex trafficking; tor; ZATION.—The term ‘qualified nongovern- ‘‘(v) mental health counseling for minor (B) all mandatory exclusions required mental organization’ means an organization victims of sex trafficking, including special- under paragraph (1)(C) have been issued; that— ized counseling and substance abuse treat- (C) all reimbursements required under ‘‘(A) is not a State or unit of local govern- ment; paragraph (1)(E) have been made; and ment, or an agency of a State or unit of local ‘‘(vi) legal services for minor victims of sex (D) includes a list of any grant recipients government; trafficking; excluded under paragraph (1) from the pre- ‘‘(B) has demonstrated experience pro- ‘‘(vii) specialized training for social service vious year. viding services to victims of sex trafficking providers, public sector personnel, and pri- or related populations (such as runaway and vate sector personnel likely to encounter sex

VerDate Mar 15 2010 03:59 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.017 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S643 trafficking victims on issues related to the under section 204 is not prohibited from also (2) by redesignating paragraph (2) as para- sex trafficking of minors and severe forms of applying for a grant under this section. graph (3); and trafficking in persons; ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— (3) by inserting after paragraph (1) the fol- ‘‘(viii) outreach and education programs to There are authorized to be appropriated lowing: provide information about deterrence and $8,000,000 to the Attorney General for each of ‘‘(2) protects children exploited through prevention of sex trafficking of minors; the fiscal years 2014 through 2017 to carry prostitution by including safe harbor provi- ‘‘(ix) programs to provide treatment to in- out this section. sions that— dividuals charged or cited with purchasing or ‘‘(j) GAO EVALUATION.—Not later than 30 ‘‘(A) treat an individual under 18 years of attempting to purchase sex acts in cases months after the date of the enactment of age who has been arrested for engaging in, or where— this Act, the Comptroller General of the attempting to engage in, a sexual act with ‘‘(I) a treatment program can be mandated United States shall submit a report to Con- another person in exchange for monetary as a condition of a sentence, fine, suspended gress that contains— compensation as a victim of a severe form of ‘‘(1) an evaluation of the impact of this sentence, or probation, or is an appropriate trafficking in persons; section in aiding minor victims of sex traf- alternative to criminal prosecution; and ‘‘(B) prohibit the charging or prosecution ficking in the jurisdiction of the entity re- ‘‘(II) the individual was not charged with of an individual described in subparagraph ceiving the grant; and purchasing or attempting to purchase sex (A) for a prostitution offense; ‘‘(2) recommendations, if any, regarding acts with a minor; and ‘‘(C) require the referral of an individual any legislative or administrative action the ‘‘(x) screening and referral of minor vic- described in subparagraph (A) to appropriate Comptroller General determines appro- tims of severe forms of trafficking in per- service providers, including comprehensive priate.’’. sons. service or community-based programs that (b) SUNSET PROVISION.—The amendment ‘‘(3) APPLICATION.— provide assistance to child victims of com- made by subsection (a) shall be effective dur- mercial sexual exploitation; and ‘‘(A) IN GENERAL.—Each eligible entity de- ing the 4-year period beginning on the date siring a grant under this section shall sub- ‘‘(D) provide that an individual described of the enactment of this Act. in subparagraph (A) shall not be required to mit an application to the Assistant Attorney SEC. 1242. EXPANDING LOCAL LAW ENFORCE- General at such time, in such manner, and prove fraud, force, or coercion in order to re- MENT GRANTS FOR INVESTIGATIONS ceive the protections described under this accompanied by such information as the As- AND PROSECUTIONS OF TRAF- sistant Attorney General may reasonably re- FICKING. paragraph;’’. quire. Section 204 of the Trafficking Victims Pro- Subtitle C—Authorization of Appropriations ‘‘(B) CONTENTS.—Each application sub- tection Reauthorization Act of 2005 (42 SEC. 1251. ADJUSTMENT OF AUTHORIZATION mitted pursuant to subparagraph (A) shall— U.S.C. 14044c) is amended— LEVELS FOR THE TRAFFICKING VIC- ‘‘(i) describe the activities for which assist- (1) in subsection (a)(1)— TIMS PROTECTION ACT OF 2000. ance under this section is sought; and (A) in subparagraph (A), by striking ‘‘, The Trafficking Victims Protection Act of ‘‘(ii) provide such additional assurances as which involve United States citizens, or 2000 (22 U.S.C. 7101 et seq.) is amended— the Assistant Attorney General determines aliens admitted for permanent residence, (1) in section 112A(b)(4) (22 U.S.C. to be essential to ensure compliance with the and’’; 7109a(b)(4))— requirements of this section. (B) by redesignating subparagraphs (B), (A) by striking ‘‘$2,000,000’’ and inserting ‘‘(4) EVALUATION.—The Assistant Attorney (C), and (D) as subparagraphs (C), (D), and ‘‘$1,000,000’’; and General shall enter into a contract with an (E), respectively; and (B) by striking ‘‘2008 through 2011’’ and in- academic or non-profit organization that has (C) by inserting after subparagraph (A) the serting ‘‘2014 through 2017’’; and experience in issues related to sex traf- following: (2) in section 113 (22 U.S.C. 7110)— ficking of minors and evaluation of grant ‘‘(B) to train law enforcement personnel (A) subsection (a)— programs to conduct an annual evaluation of how to identify victims of severe forms of (i) by striking ‘‘$5,500,000 for each of the each grant made under this section to deter- trafficking in persons and related offenses;’’; fiscal years 2008 through 2011’’ each place it mine the impact and effectiveness of pro- and appears and inserting ‘‘$2,000,000 for each of the fiscal years 2014 through 2017’’; grams funded with the grant. (D) in subparagraph (C), as redesignated, (ii) by inserting ‘‘, including regional traf- ‘‘(c) MANDATORY EXCLUSION.—An eligible by inserting ‘‘and prioritize the investiga- entity that receives a grant under this sec- tions and prosecutions of those cases involv- ficking in persons officers,’’ after ‘‘for addi- tion that is found to have utilized grant ing minor victims’’ after ‘‘sex acts’’; tional personnel,’’; and funds for any unauthorized expenditure or (2) by redesignating subsection (d) as sub- (iii) by striking ‘‘, and $3,000 for official re- ception and representation expenses’’; otherwise unallowable cost shall not be eligi- section (e); (B) in subsection (b)— ble for any grant funds awarded under the (3) by inserting after subsection (c) the fol- (i) in paragraph (1), by striking ‘‘$12,500,000 grant for 2 fiscal years following the year in lowing: for each of the fiscal years 2008 through 2011’’ which the unauthorized expenditure or unal- ‘‘(d) NO LIMITATION ON SECTION 202 GRANT lowable cost is reported. APPLICATIONS.—An entity that applies for a and inserting ‘‘$14,500,000 for each of the fis- ‘‘(d) COMPLIANCE REQUIREMENT.—An eligi- grant under section 202 is not prohibited cal years 2014 through 2017’’; and ble entity shall not be eligible to receive a from also applying for a grant under this sec- (ii) in paragraph (2), by striking ‘‘to the grant under this section if, during the 5 fis- tion.’’; Secretary of Health and Human Services’’ cal years before the eligible entity submits (4) in subsection (e), as redesignated, by and all that follows and inserting ‘‘$8,000,000 an application for the grant, the eligible en- striking ‘‘$20,000,000 for each of the fiscal to the Secretary of Health and Human Serv- tity has been found to have violated the years 2008 through 2011’’ and inserting ices for each of the fiscal years 2014 through terms or conditions of a Government grant ‘‘$10,000,000 for each of the fiscal years 2014 2017.’’; program by utilizing grant funds for unau- through 2017’’; and (C) in subsection (c)(1)— thorized expenditures or otherwise unallow- (5) by adding at the end the following: (i) in subparagraph (A), by striking ‘‘2008 able costs. ‘‘(f) GAO EVALUATION AND REPORT.—Not through 2011’’ each place it appears and in- ‘‘(e) ADMINISTRATIVE CAP.—The cost of ad- later than 30 months after the date of enact- serting ‘‘2014 through 2017’’; ministering the grants authorized by this ment of this Act, the Comptroller General of (ii) in subparagraph (B)— section shall not exceed 3 percent of the the United States shall conduct a study of (I) by striking ‘‘$15,000,000 for fiscal year total amount appropriated to carry out this and submit to Congress a report evaluating 2003 and $10,000,000 for each of the fiscal section. the impact of this section on— years 2008 through 2011’’ and inserting ‘‘(f) AUDIT REQUIREMENT.—For fiscal years ‘‘(1) the ability of law enforcement per- ‘‘$10,000,000 for each of the fiscal years 2014 2016 and 2017, the Inspector General of the sonnel to identify victims of severe forms of through 2017’’; and Department of Justice shall conduct an trafficking in persons and investigate and (II) by striking ‘‘2008 through 2011’’ and in- audit of all 4 eligible entities that receive prosecute cases against offenders, including serting ‘‘2014 through 2017’’; and block grants under this section. offenders who engage in the purchasing of (iii) in subparagraph (C), by striking ‘‘2008 ‘‘(g) MATCH REQUIREMENT.—An eligible en- commercial sex acts with a minor; and through 2011’’ and inserting ‘‘2014 through tity that receives a grant under this section ‘‘(2) recommendations, if any, regarding 2017’’; shall provide a non-Federal match in an any legislative or administrative action the (D) in subsection (d)— amount equal to not less than— Comptroller General determines appropriate (i) by redesignating subparagraphs (A) ‘‘(1) 15 percent of the grant during the first to improve the ability described in para- through (C) as paragraphs (1) through (3), re- year; graph (1).’’. spectively, and moving such paragraphs 2 ‘‘(2) 25 percent of the grant during the first SEC. 1243. MODEL STATE CRIMINAL LAW PRO- ems to the left; renewal period; TECTION FOR CHILD TRAFFICKING (ii) in the paragraph (1), as redesignated, ‘‘(3) 40 percent of the grant during the sec- VICTIMS AND SURVIVORS. by striking ‘‘$10,000,000 for each of the fiscal ond renewal period; and Section 225(b) of the Trafficking Victims years 2008 through 2011’’ and inserting ‘‘(4) 50 percent of the grant during the Reauthorization Act of 2008 (22 U.S.C. 7101 ‘‘$11,000,000 for each of the fiscal years 2014 third renewal period. note) is amended— through 2017’’; and ‘‘(h) NO LIMITATION ON SECTION 204 (1) in paragraph (1), by striking ‘‘and’’ at (iii) in paragraph (3), as redesignated, by GRANTS.—An entity that applies for a grant the end; striking ‘‘to the Attorney General’’ and all

VerDate Mar 15 2010 03:59 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.017 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S644 CONGRESSIONAL RECORD — SENATE February 12, 2013 that follows and inserting ‘‘$11,000,000 to the Violence Against Women Reauthorization shall submit the results of the study re- Attorney General for each of the fiscal years Act of 2013, the Secretary shall appoint child quired under this subparagraph to— 2014 through 2017.’’; advocates at not more than 3 additional im- ‘‘(I) the Committee on the Judiciary of the (E) in subsection (e)— migration detention sites. Senate; (i) in paragraph (1), by striking ‘‘$15,000,000 ‘‘(iii) SELECTION OF SITES.—Sites at which ‘‘(II) the Committee on Health, Education, for each of the fiscal years 2008 through 2011’’ child advocate programs will be established Labor, and Pensions of the Senate; and inserting ‘‘$7,500,000 for each of the fiscal under this subparagraph shall be located at ‘‘(III) the Committee on the Judiciary of years 2014 through 2017’’; and immigration detention sites at which more the House of Representatives; and (ii) in paragraph (2), by striking than 50 children are held in immigration cus- ‘‘(IV) the Committee on Education and the ‘‘$15,000,000 for each of the fiscal years 2008 tody, and shall be selected sequentially, with Workforce of the House of Representatives. through 2011’’ and inserting ‘‘$7,500,000 for priority given to locations with— ‘‘(F) AUTHORIZATION OF APPROPRIATIONS.— each of the fiscal years 2014 through 2017’’; ‘‘(I) the largest number of unaccompanied There are authorized to be appropriated to (F) in subsection (f), by striking alien children; and the Secretary and Human Services to carry ‘‘$10,000,000 for each of the fiscal years 2008 ‘‘(II) the most vulnerable populations of out this subsection— through 2011’’ and inserting ‘‘$5,000,000 for unaccompanied children. ‘‘(i) $1,000,000 for each of the fiscal years 2014 and 2015; and each of the fiscal years 2014 through 2017’’; ‘‘(C) RESTRICTIONS.— ‘‘(ii) $2,000,000 for each of the fiscal years and ‘‘(i) ADMINISTRATIVE EXPENSES.—A child (G) in subsection (i), by striking advocate program may not use more that 10 2016 and 2017.’’. ‘‘$18,000,000 for each of the fiscal years 2008 percent of the Federal funds received under SEC. 1263. ACCESS TO FEDERAL FOSTER CARE AND UNACCOMPANIED REFUGEE through 2011’’ and inserting ‘‘$10,000,000 for this section for administrative expenses. each of the fiscal years 2014 through 2017’’. MINOR PROTECTIONS FOR CERTAIN ‘‘(ii) NONEXCLUSIVITY.—Nothing in this sec- U VISA RECIPIENTS. SEC. 1252. ADJUSTMENT OF AUTHORIZATION tion may be construed to restrict the ability Section 235(d)(4) of the William Wilberforce LEVELS FOR THE TRAFFICKING VIC- of a child advocate program under this sec- Trafficking Victims Protection Reauthoriza- TIMS PROTECTION REAUTHORIZA- tion to apply for or obtain funding from any tion Act of 2008 (8 U.S.C. 1232(d)(4)) is amend- TION ACT OF 2005. other source to carry out the programs de- ed— The Trafficking Victims Protection Reau- scribed in this section. (1) in subparagraph (A), thorization Act of 2005 (Public Law 109–164) is ‘‘(iii) CONTRIBUTION OF FUNDS.—A child ad- (A) by striking ‘‘either’’; amended— vocate program selected under this section (B) by striking ‘‘or who’’ and inserting a (1) by striking section 102(b)(7); and shall contribute non-Federal funds, either di- comma; and (2) in section 201(c)(2), by striking rectly or through in-kind contributions, to (C) by inserting ‘‘, or has been granted sta- ‘‘$1,000,000 for each of the fiscal years 2008 the costs of the child advocate program in an tus under section 101(a)(15)(U) of the Immi- through 2011’’ and inserting ‘‘$250,000 for each amount that is not less than 25 percent of gration and Nationality Act (8 U.S.C. of the fiscal years 2014 through 2017’’. the total amount of Federal funds received 1101(a)(15)(U)),’’ before ‘‘, shall be eligible’’; Subtitle D—Unaccompanied Alien Children by the child advocate program under this and SEC. 1261. APPROPRIATE CUSTODIAL SETTINGS section. In-kind contributions may not ex- (2) in subparagraph (B), by inserting ‘‘, or FOR UNACCOMPANIED MINORS WHO ceed 40 percent of the matching requirement status under section 101(a)(15)(U) of the Im- REACH THE AGE OF MAJORITY under this clause. migration and Nationality Act (8 U.S.C. WHILE IN FEDERAL CUSTODY. ‘‘(D) ANNUAL REPORT TO CONGRESS.—Not 1101(a)(15)(U)),’’ after ‘‘(8 U.S.C. Section 235(c)(2) of the William Wilberforce later than 1 year after the date of the enact- 1101(a)(27)(J))’’. Trafficking Victims Protection Reauthoriza- ment of the Violence Against Women Reau- SEC. 1264. GAO STUDY OF THE EFFECTIVENESS tion Act of 2008 (8 U.S.C. 1232(c)(2)) is amend- thorization Act of 2013, and annually there- OF BORDER SCREENINGS. ed— after, the Secretary of Health and Human (a) STUDY.— (1) by striking ‘‘Subject to’’ and inserting Services shall submit a report describing the (1) IN GENERAL.—The Comptroller General the following: activities undertaken by the Secretary to of the United States shall conduct a study ‘‘(A) MINORS IN DEPARTMENT OF HEALTH AND authorize the appointment of independent examining the effectiveness of screenings HUMAN SERVICES CUSTODY.—Subject to’’; and Child Advocates for trafficking victims and conducted by Department of Homeland Secu- (2) by adding at the end the following: vulnerable unaccompanied alien children to rity personnel in carrying out section ‘‘(B) ALIENS TRANSFERRED FROM DEPART- the Committee on the Judiciary of the Sen- 235(a)(4) of the William Wilberforce Traf- MENT OF HEALTH AND HUMAN SERVICES TO DE- ate and the Committee on the Judiciary of ficking Victims Protection Reauthorization PARTMENT OF HOMELAND SECURITY CUSTODY.— the House of Representatives. Act of 2008 (8 U.S.C. 1232(a)(4)). If a minor described in subparagraph (A) ‘‘(E) ASSESSMENT OF CHILD ADVOCATE PRO- (2) STUDY.—In carrying out paragraph (1), reaches 18 years of age and is transferred to GRAM.— the Comptroller General shall take into ac- the custody of the Secretary of Homeland ‘‘(i) IN GENERAL.—As soon as practicable count— Security, the Secretary shall consider place- after the date of the enactment of the Vio- (A) the degree to which Department of ment in the least restrictive setting avail- lence Against Women Reauthorization Act of Homeland Security personnel are adequately able after taking into account the alien’s 2013, the Comptroller General of the United ensuring that— danger to self, danger to the community, and States shall conduct a study regarding the (i) all children are being screened to deter- risk of flight. Such aliens shall be eligible to effectiveness of the Child Advocate Program mine whether they are described in section participate in alternative to detention pro- operated by the Secretary of Health and 235(a)(2)(A) of the William Wilberforce Traf- grams, utilizing a continuum of alternatives Human Services. ficking Victims Protection Reauthorization based on the alien’s need for supervision, ‘‘(ii) MATTERS TO BE STUDIED.—In the study Act; which may include placement of the alien required under clause (i), the Comptroller (ii) appropriate and reliable determina- with an individual or an organizational spon- General shall— collect information and ana- tions are being made about whether children sor, or in a supervised group home.’’. lyze the following: are described in section 235(a)(2)(A) of such SEC. 1262. APPOINTMENT OF CHILD ADVOCATES ‘‘(I) analyze the effectiveness of existing Act, including determinations of the age of FOR UNACCOMPANIED MINORS. child advocate programs in improving out- such children; Section 235(c)(6) of the William Wilberforce comes for trafficking victims and other vul- (iii) children are repatriated in an appro- Trafficking Victims Protection Reauthoriza- nerable unaccompanied alien children; priate manner, consistent with clauses (i) tion Act of 2008 (8 U.S.C. 1232(c)(6)) is amend- ‘‘(II) evaluate the implementation of child through (iii) of section 235(a)(2)(C) of such ed— advocate programs in new sites pursuant to Act; (1) by striking ‘‘The Secretary’’ and insert- subparagraph (B); (iv) children are appropriately being per- ing the following: ‘‘(III) evaluate the extent to which eligible mitted to withdraw their applications for ad- ‘‘(A) IN GENERAL.—The Secretary’’; and trafficking victims and other vulnerable un- mission, in accordance with section (2) by striking ‘‘and criminal’’; and accompanied children are receiving child ad- 235(a)(2)(B)(i) of such Act; (3) by adding at the end the following: vocate services and assess the possible budg- (v) children are being properly cared for ‘‘(B) APPOINTMENT OF CHILD ADVOCATES.— etary implications of increased participation while they are in the custody of the Depart- ‘‘(i) INITIAL SITES.—Not later than 2 years in the program; ment of Homeland Security and awaiting re- after the date of the enactment of the Vio- ‘‘(IV) evaluate the barriers to improving patriation or transfer to the custody of the lence Against Women Reauthorization Act of outcomes for trafficking victims and other Secretary of Health and Human Services; 2013, the Secretary of Health and Human vulnerable unaccompanied children; and and Services shall appoint child advocates at 3 ‘‘(V) make recommendations on statutory (vi) children are being transferred to the new immigration detention sites to provide changes to improve the Child Advocate Pro- custody of the Secretary of Health and independent child advocates for trafficking gram in relation to the matters analyzed Human Services in a manner that is con- victims and vulnerable unaccompanied alien under subclauses (I) through (IV). sistent with such Act; and children. ‘‘(iii) GAO REPORT.—Not later than 3 years (B) the number of such children that have ‘‘(ii) ADDITIONAL SITES.—Not later than 3 after the date of the enactment of this Act, been transferred to the custody of the De- years after the date of the enactment of the the Comptroller General of the United States partment of Health and Human Services, the

VerDate Mar 15 2010 03:59 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.017 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S645 Federal funds expended to maintain custody Mr. BROWN. Mr. President, I ask Government can’t run that way. The of such children, and the Federal benefits unanimous consent to speak as in government will be dysfunctional if available to such children, if any. morning business for 5 minutes. this precedent is set and is ongoing, in (3) ACCESS TO DEPARTMENT OF HOMELAND The PRESIDING OFFICER. Without addition to the fact that Cordray is SECURITY OPERATIONS.— objection, it is so ordered. right for the job. Also, this agency is (A) IN GENERAL.—Except as provided in subparagraph (B), for the purposes of con- f important for the middle class, for working-class people, and for low-in- ducting the study described in subsection (a), CORDRAY NOMINATION the Secretary shall provide the Comptroller come people who need these consumer General with unrestricted access to all Mr. BROWN. Mr. President, I was protections. stages of screenings and other interactions concerned when I saw a number of my It sets a very bad precedent for this between Department of Homeland Security colleagues are again trying to block body. I am hopeful some of my col- personnel and children encountered by the the appointment of Ohioan Richard leagues on the other side of the aisle Comptroller General. Cordray to the consumer agency. That will think clearly about this and move (B) EXCEPTIONS.—The Secretary shall not agency has already played a significant ahead on the nomination and confirma- permit unrestricted access under subpara- graph (A) if the Secretary determines that role in saving tens of millions of dol- tion process. the security of a particular interaction lars for consumers who have been f wronged in a checking account trans- would be threatened by such access. TRIBUTE TO DENNIS MEYERS (b) REPORT TO CONGRESS.—Not later than 2 action, who have been nickel-and- years after the date of the commencement of dimed, and then some by bank fees. Mr. MCCONNELL. Mr. President, I the study described in subsection (a), the Former Ohio Attorney General stand before you today to honor and Comptroller General of the United States Cordray has done an excellent job as recognize a man whose legacy of serv- shall submit a report to the Committee on the Director of that consumer bureau. ice to the community, both as a physi- the Judiciary of the Senate and the Com- cian and a citizen, is completely de- mittee on the Judiciary of the House of Rep- But what troubles me is this is only resentatives that contains the Commission’s the second time in the history of the serving of such recognition. I am findings and recommendations. Senate, at least as far as the Senate speaking of Mr. Dennis Meyers of Clay Mr. LEAHY. Madam President, I Historian can figure, when a group of County, KY. The Clay County Days move to reconsider the vote. Senators from one party has blocked Hall of Fame has chosen to induct Mr. Mrs. MURRAY. Mr. President, I the nomination of a Presidential ap- Meyers for his excellent leadership of move to lay that motion upon the pointee because they do not like the Manchester Memorial Hospital over table. agency, because they oppose the con- the past 12 years. The motion to lay upon the table was struct of the agency itself. Mr. Meyers’ record of service can be agreed to. The first time that ever happened traced back to 1969, when he served as Mr. LEAHY. Madam President, I was just a couple of years ago with a pastor in the Nebraska and Illinois wanted to thank all my fellow Sen- Richard Cordray in this position. The conferences. After close to two decades ators, from both parties, who voted for creation of the consumer bureau went of pastoral service, he pursued an occu- this bill. If you are someone who has through regular order. It was passed by pational change that allowed him to seen firsthand the results of violence the Senate Banking Committee, on aid others in the field of recreational against women, it would be almost im- which I sit. It was part of the Dodd- therapy. He continued to pursue oppor- tunities in medicine, moving into a possible to vote no on this bill. Will Frank Wall Street reform bill, and it registered nurse position at Hanford this stop all violence? No. But will it went to the House of Representatives. Hospital in 1986. Mr. Meyers then ac- stop a lot of it? Yes; and it will also It went to conference committee. All cepted the role of vice president of make possible for those who are caught that happened was regular order to cre- nursing at San Joaquin Community in violence a chance for support, a ate this agency. Hospital in 1990 and continued success chance for someplace to go, a chance to Many people didn’t like the agency. I brought him to Manchester Memorial, be protected from future attacks. submit I agree with that. I understand where he eventually served as presi- This is the kind of legislation that that. I don’t agree that it is not a good dent and chief executive officer. speaks to the conscience of our Nation. agency. They don’t like the agency in It speaks to the conscience of the Sen- Dennis Meyers’ involvement in and large part because it stood up to Wall care for his community have been im- ate. It tells everybody, usually the Street, and it stood up to some of the most defenseless in our society, this measurable, especially when one con- bank abuses that put us in this finan- siders the many community outreach body stands with you. I would urge our cial situation as a country with the friends on the other side of the Capitol initiatives he fostered. He helped the damage it did to our economy. community by initiating Mission in to move quickly with similar legisla- Even with that, if you don’t like the tion. This is something we should not Motion, public health screenings, Live agency, as I said, never before in his- It UP, and mission outreach programs. hold up. This is a way we can say: We tory except these two times—with the oppose violence against women. We op- Mr. Meyers’ family shares his devo- same appointment process, the same tion to helping others, as his wife pose it today. We oppose it tomorrow. appointee, the same designee, the same We will oppose it forever. Susan also works for the hospital and nominee of the President—has this his three children hold nursing degrees. f happened whereby my colleagues said: He has recently retired from his lead MORNING BUSINESS Even though he is qualified, we are not role at Manchester Memorial Hospital going to vote to confirm Richard Mr. LEAHY. Madam President, I ask but plans to stay involved through out- Cordray because we don’t like the unanimous consent that the Senate reach and church programs. agency. If you are not willing to proceed to a period of morning busi- At this time, I would like to ask my change the agency, we are not willing ness, with Senators permitted to speak fellow Senators to join me in honoring to support a director. for up to 10 minutes each. Mr. Dennis Meyers for his induction The PRESIDING OFFICER. Without Imagine the kind of precedent that into the Clay County Days Hall of objection, it is so ordered. sets where if you don’t like an agency, Fame. The Commonwealth of Ken- Mr. LEAHY. Mr. President, I suggest you are never going to let the Presi- tucky is all the richer because of his the absence of a quorum. dent confirm a leader of that agency— tireless spirit and his willingness to The PRESIDING OFFICER (Mr. in any agency of the Federal Govern- work, heal, and serve. SCHATZ). The clerk will call the roll. ment. If you don’t like food safety, I also ask unanimous consent that an The bill clerk proceeded to call the then you are going to block the ap- article in praise of Mr. Meyers that ap- roll. pointment. If you don’t like transpor- peared in the Bell County-area publica- Mr. BROWN. Mr. President, I ask tation, something in the Transpor- tion The Manchester Enterprise be unanimous consent that the order for tation Department, you don’t like printed in the RECORD. the quorum call be rescinded. something else, you are going to vote There being no objection, the mate- The PRESIDING OFFICER. Without against somebody taking the job to run rial was ordered to be printed in the objection, it is so ordered. the agency. RECORD as follows:

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[From the Manchester Enterprise, August 30, the public unless the Committee or Sub- QUORUMS 2012] committee involved, by majority vote of all Rule 6. (a) Except as provided in sub- DENNIS MEYERS LED MANCHESTER MEMORIAL the Members of the Committee or such Sub- sections (b) and (c), eight Members shall con- TO GROWTH committee, orders the hearing or meeting to stitute a quorum for the conduct of business be closed in accordance with paragraph 5(b) Clay County Days Hall of Fame inductee of the Committee. of Rule XXVI of the Standing Rules of the Dennis Meyers retired from the lead role of (b) No measure or matter shall be ordered Senate. Manchester Memorial Hospital recently reported from the Committee unless twelve (b) A transcript shall be kept of each hear- after 12 years in the position. Members of the Committee are actually Meyers began as a pastor in 1969 in Ne- ing of the Committee or any Subcommittee. present at the time such action is taken. braska and Illinois. In 1980, his career took a (c) A transcript shall be kept of each busi- (c) One Member shall constitute a quorum dramatic shift when he began working as a ness meeting of the Committee unless a ma- for the purpose of conducting a hearing or recreational therapist at the Battle Creek jority of all the Members of the Committee taking testimony on any measure or matter Sanitarium. In 1986 he transitioned to Han- agrees that some other form of permanent before the Committee or any Subcommittee. ford Hospital, where he worked as a reg- record is preferable. VOTING istered nurse. HEARING PROCEDURE Rule 7. (a) A rollcall of the Members shall Four years later, Meyers accepted a posi- Rule 4. (a) Public notice shall be given of be taken upon the request of any Member. tion as vice president of nursing at San Joa- the date, place, and subject matter of any Any Member who does not vote on any roll- quin Community Hospital. hearing to be held by the Committee or any call at the time the roll is called, may vote From there, he became chief operating of- Subcommittee at least one week in advance (in person or by proxy) on that rollcall at ficer and vice president of nursing at Man- of such hearing unless the Chairman of the any later time during the same business chester Memorial, and then president and full Committee or the Subcommittee in- meeting. chief executive officer. volved determines that the hearing is non- (b) Proxy voting shall be permitted on all Several community outreach initiatives controversial or that special circumstances matters, except that proxies may not be began under Meyer’s direction, including require expedited procedures and a majority counted for the purpose of determining the Mission in Motion, public health screenings, of all the Members of the Committee or the presence of a quorum. Unless further limited, Live It UP, and mission outreach programs Subcommittee involved concurs. In no case a proxy shall be exercised only upon the date that enrich the community. shall a hearing be conducted with less than for which it is given and upon the items pub- Meyers holds a bachelor of arts in religion, twenty-four hours notice. Any document or lished in the agenda for that date. a bachelor of science in nursing, and a mas- report that is the subject of a hearing shall (c) Each Committee report shall set forth ter of divinity from Andrews University. be provided to every Member of the Com- the vote on the motion to report the meas- He is married to Susan Meyers, who works mittee or Subcommittee involved at least 72 ure or matter involved. Unless the Com- for the hospital, and all three of his children hours before the hearing unless the Chair- mittee directs otherwise, the report will not hold nursing degrees. man and Ranking Member determine other- set out any votes on amendments offered Meyers plans to continue helping the com- wise. during Committee consideration. Any Mem- munity that the hospital serves through (b) Each witness who is to appear before ber who did not vote on any rollcall shall community outreach and church programs. the Committee or any Subcommittee shall have the opportunity to have his position re- f file with the Committee or Subcommittee, corded in the appropriate Committee record at least 24 hours in advance of the hearing, a or Committee report. COMMITTEE ON ENERGY AND written statement of his or her testimony in (d) The Committee vote to report a meas- NATURAL RESOURCES as many copies as the Chairman of the Com- ure to the Senate shall also authorize the mittee or Subcommittee prescribes. staff of the Committee to make necessary (c) Each Member shall be limited to five technical and clerical corrections in the RULES OF PROCEDURE minutes in the questioning of any witness measure. Mr. WYDEN. Mr. President, in ac- until such time as all Members who so desire SUBCOMMITTEES cordance with rule XXVI, paragraph 2, have had an opportunity to question the wit- Rule 8. (a) The number of Members as- signed to each Subcommittee and the divi- of the Standing Rules of the Senate, I ness. (d) The Chairman and Ranking Minority sion between Majority and Minority Mem- submit the rules governing the proce- Member of the Committee or Subcommittee bers shall be fixed by the Chairman in con- dure of the Committee on Energy and or the Ranking Majority and Minority Mem- sultation with the Ranking Minority Mem- Natural Resources for publication in bers present at the hearing may each appoint ber. the CONGRESSIONAL RECORD. one Committee staff member to question (b) Assignment of Members to Subcommit- I ask unanimous consent that they be each witness. Such staff member may ques- tees shall, insofar as possible, reflect the printed in the RECORD. tion the witness only after all Members preferences of the Members. No Member will There being no objection, the mate- present have completed their questioning of receive assignment to a second Sub- committee until, in order of seniority, all rial was ordered to be printed in the the witness or at such other time as the Chairman and the Ranking Majority and Mi- Members of the Committee have chosen as- RECORD, as follows: nority Members present may agree. No staff signments to one Subcommittee, and no RULES OF THE SENATE COMMITTEE ON ENERGY member may question a witness in the ab- Member shall receive assignment to a third AND NATURAL RESOURCES sence of a quorum for the taking of testi- Subcommittee until, in order of seniority, all Members have chosen assignments to two GENERAL RULES mony. Subcommittees. BUSINESS MEETING AGENDA Rule 1. The Standing Rules of the Senate, (c) Any Member of the Committee may sit as supplemented by these rules, are adopted Rule 5. (a) A legislative measure, nomina- with any Subcommittee during its hearings as the rules of the Committee and its Sub- tion, or other matter shall be included on but shall not have the authority to vote on committees. the agenda of the next following business any matters before the Subcommittee unless MEETINGS OF THE COMMITTEE meeting of the full Committee if a written he is a Member of such Subcommittee. request by a Member of the Committee for Rule 2. (a) The Committee shall meet on NOMINATIONS such inclusion has been filed with the Chair- the third Thursday of each month while the man of the Committee at least one week Rule 9. At any hearing to confirm a Presi- Congress is in session for the purpose of con- prior to such meeting. Nothing in this rule dential nomination, the testimony of the ducting business, unless, for the convenience shall be construed to limit the authority of nominee and, at the request of any Member, of Members, the Chairman shall set some the Chairman of the Committee to include a any other witness shall be under oath. Every other day for a meeting. Additional meetings legislative measure, nomination, or other nominee shall submit the financial disclo- may be called by the Chairman as he may matter on the Committee agenda in the ab- sure report filed pursuant to title I of the deem necessary. sence of such request. Ethics in Government Act of 1978. Such re- (b) Hearings of any Subcommittee may be (b) The agenda for any business meeting of port shall be made available to the public called by the Chairman of such Sub- the Committee shall be provided to each pursuant to the provisions of that Act or committee, Provided, That no Subcommittee Member and made available to the public at other applicable law. hearing other than a field hearing, shall be least three days prior to such meeting, and INVESTIGATIONS scheduled or held concurrently with a full no new items may be added after the agenda Rule 10. (a) Neither the Committee nor any Committee meeting or hearing, unless a ma- is so published except by the approval of a of its Subcommittees may undertake an in- jority of the Committee concurs in such con- majority of all the Members of the Com- vestigation unless specifically authorized by current hearing. mittee on matters not included on the public the Chairman and the Ranking Minority OPEN HEARINGS AND MEETINGS agenda. The Staff Director shall promptly Member or a majority of all the Members of Rule 3. (a) All hearings and business meet- notify absent Members of any action taken the Committee. ings of the Committee and all the hearings of by the Committee on matters not included (b) A witness called to testify in an inves- any of its Subcommittees shall be open to on the published agenda. tigation shall be informed of the matter or

VerDate Mar 15 2010 03:59 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.003 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S647 matters under investigation, given a copy of 40 years of public service as a chil- assistant general secretary, general these rules, given the opportunity to make a dren’s librarian. secretary, and assistant presiding brief and relevant oral statement before or Mrs. Sheehy was raised in Ida, MI Bishop of PAW. In 1992, he was pro- after questioning, and be permitted to have and received her master’s degree at moted to the Office of the Presiding counsel of his or her choosing present during Western Michigan University. Shortly his or her testimony at any public or closed Bishop, where he served for 6 years. hearing, or at any unsworn interview, to ad- after graduating, she began working at While in this position, Bishop Bowers vise the witness of his or her legal rights. the Oregon Branch Library, a branch was responsible for leading a $2.2 mil- (c) For purposes of this rule, the terms ‘‘in- location of the Toledo-Lucas County lion project to renovate PAW’s inter- vestigation’’ shall not include a review or Public Library system. Mrs. Sheehy national headquarters located in Indi- study undertaken pursuant to paragraph 8 of worked for the Toledo-Lucas County anapolis, IN. Rule XXVI of the Standing Rules of the Sen- Public Library for her first 10 years of Today, Bishop Bowers serves as the ate or an initial review of any allegation of service as the children’s librarian and diocesan bishop of the Ohio District wrongdoing intended to determine whether then spent the next 30 years as the Council, where he has had the oppor- there is substantial credible evidence that children’s librarian at the Rossford would warrant an investigation. tunity to further develop the camp- Public Library, where she helped plan SWORN TESTIMONY ground in Zanesville, OH. and operate children’s programs. In ad- Bishop Bowers has made many con- Rule 11. Witnesses in Committee or Sub- dition, she was responsible for pur- committee hearings may be required to give tributions through his civic involve- testimony under oath whenever the Chair- chasing children’s books and multi- ment throughout the southwestern re- man or Ranking Minority Member of the media collections as well as purchasing gion of Ohio, but I would like to high- Committee or Subcommittee deems such to other services for the library. light his outreach in prison ministries be necessary. If one or more witnesses at a Over the years, Mrs. Sheehy discov- and his recent partnership with reentry hearing are required to testify under oath, ered and developed many trends at the organizations in Cincinnati, OH. all witnesses at such hearing shall be re- library that sparked excitement and In August 2011, Bishop Bowers gra- quired to testify under oath. interest in children and their parents. ciously opened the doors of Greater SUBPOENAS Her dedication to her profession is Emanuel Apostolic Temple to host my Rule 12. The Chairman shall have author- shown by the respect she has earned first reentry summit, following my ity to issue subpoenas for the attendance of from her coworkers and from the election to the U.S. Senate. While witnesses or the production of memoranda, Rossford community. there, I was greeted by many kind documents, records, or other materials (1) Throughout her career, Sandy faces and witnessed people come in with the agreement of the Ranking Minority Sheehy has made many contributions from off the street to take a moment Member, (2) when authorized by a majority through her civic involvement of all the Members of the Committee, or (3) to pray in the beautiful sanctuary. throughout the Toledo, OH area. Upon when within the scope of an investigation Over the years, I have spoken many authorized under Rule 10(a). her retirement, Mrs. Sheehy plans to spend time with her family and friends times about the importance of reducing CONFIDENTIAL TESTIMONY and travel with her husband, Mike recidivism in our communities and the Rule 13. No confidential testimony taken Sheehy. need for faith-based leaders to continue by or any report of the proceedings of a their engagement with those reen- closed Committee or Subcommittee meeting I would like to congratulate Mrs. Sandy Sheehy of Oregon, OH on her 40 tering society from jails and prisons. I shall be made public, in whole or in part or first got involved with prisoner reentry by way of summary, unless authorized by a years of service to the children of majority of all the Members of the Com- Northwest Ohio and recognize her for issues through my work on drug pre- mittee at a business meeting called for the developing a positive atmosphere of vention and treatment more than 10 purpose of making such a determination. learning for the many children and years ago, when I came to understand DEFAMATORY STATEMENTS families she has assisted and inspired the close connection between substance Rule 14. Any person whose name is men- during her career. abuse and recidivism, considering three quarters of those returning from prison tioned or who is specifically identified in, or f who believes that testimony or other evi- have a history of substance abuse. dence presented at, an open Committee or TRIBUTE TO BISHOP PAUL A. Faith-based groups are the first line Subcommittee hearing tends to defame him BOWERS of defense, as well as service, to vulner- or otherwise adversely affect his reputation Mr. PORTMAN. Mr. President, today able and high-risk populations. Faith may file with the Committee for its consid- I wish to recognize Bishop Paul Alex- leaders can use their influence as an eration and action a sworn statement of opportunity to direct those in need to facts relevant to such testimony or evidence. ander Bowers, who has served as the presiding Bishop of Greater Emanuel proper programming, and I commend BROADCASTING OF HEARINGS OR MEETINGS Apostolic Temple since 1957. Bishop the Greater Emanuel congregation for Rule 15. Any meeting or hearing by the Bowers celebrated his 55th pastoral an- playing an active role in the commu- Committee or any Subcommittee which is open to the public may be covered in whole niversary on February 1, 2013, in my nity and continuing their work to re- or in part by television broadcast, radio hometown of Cincinnati, OH. duce recidivism and change the lives of broadcast, or still photography. Photog- Bishop Bowers was born and raised in those in need. Houses of worship serve raphers and reporters using mechanical re- Oxford, PA. After his high school grad- as beacons of hope to guide the lost and cording, filming, or broadcasting devices uation he moved to Columbus, OH, help restore their lives, which is why I shall position their equipment so as not to where he attended Aenon Bible College. believe the ecumenical community can interfere with the seating, vision, and hear- He graduated in 1951 with a bachelor of play an important role as a partner in ing of Members and staff on the dais or with theology and later received a bachelor recidivism reduction. the orderly process of the meeting or hear- of science from the University of Cin- ing. Mr. President, I would like to con- cinnati in 1964. Bowers also taught in gratulate Bishop Bowers on his 55th an- AMENDING THE RULES the Cincinnati public school system for niversary of pastoral service and recog- Rule 16. These rules may be amended only 5 years and retired in 1968 before dedi- nize him for his continued work on re- by vote of a majority of all the Members of cating his life to ministry. cidivism reduction. the Committee in a business meeting of the Bishop Bowers served as chairman of Committee: Provided, That no vote may be f the Ohio District Council of the Pente- taken on any proposed amendment unless ADDITIONAL STATEMENTS such amendment is reproduced in full in the costal Assemblies of the World, Inc., Committee agenda for such meeting at least PAW, from 1976 to 1992. During his ten- three days in advance of such meeting. ure, he built a 100-bed nursing home, a ALASKA MARINE HIGHWAY f 1,200 seat worship center with a fully- equipped cafeteria which seats 500 peo- SYSTEM TRIBUTE TO SANDY SHEEHY ple, and a dormitory that has the ca- ∑ Mr. BEGICH. Mr. President, today I Mr. PORTMAN. Mr. President, today pacity to house over 100 people at the wish to honor the 50th anniversary of I wish to recognize Mrs. Sandy Sheehy ODC Campground in Zanesville, OH. the Alaska Marine Highway System. of Oregon, OH upon her retirement Bishop Bowers also served as the di- Alaskans celebrate this critical and from the Rossford Public Library after ocesan of the Carolina State Council, necessary water transportation system

VerDate Mar 15 2010 03:59 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.006 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S648 CONGRESSIONAL RECORD — SENATE February 12, 2013 which links rural and urban hub com- placed by the M/V Chilkat. The M/V interested in Native issues, and Roy munities along the coast of our vast Chilkat could carry 59 passengers and joined the Alaska Native Brotherhood, State. Unlike the lower 48, many of our 15 vehicles. It began daily service be- ANB, and Elizabeth joined the Alaska communities are not accessible by tween Juneau, Haines, and Skagway in Native Sisterhood, ANS. Both ANB and road, so in many areas the primary April of that year. ANS were working to gain land claims means of travel is by air or sea. There- Two years later, on January 3, 1959, and civil rights for Alaska’s Native fore, the Alaska Marine Highway Alaska became the 49th State and the people. Their interests turned to activ- makes up a large part of our highway M/V Chilkat became the first State- ism, and Elizabeth and Roy began to system and is a route so special it has owned ferry. That same year, the First get more involved in their community. been designated a National Scenic Alaska Legislature approved the Alas- Roy was elected as mayor of Klawock. Byway and an All American Road, the ka Ferry Transportation Act, and vot- Eventually, the couple decided to only marine route in the United States ers approved bond issues totaling $18 move to Alaska’s territorial capital, with this designation. million to expand the ferry fleet. These Juneau, in search of more opportuni- My family and I share special memo- bonds enabled the State to commission ties and a better education for their ries of taking the ferries to many com- four new vessels and build docks children. Their dreams quickly dis- munities throughout Alaska. The Ma- throughout southeast Alaska and the solved when they discovered Natives rine Highway was even part of our trip Kenai Peninsula. In 1963, with the es- were not welcome in many places in here to Washington for my first year in tablishment of the Division of Marine Juneau. There were signs reading ‘‘No the Senate. A ferry ride brings Alas- Transportation, the Alaska Marine dogs, No Natives or Filipinos’’ and oth- kans together while on their way to Highway System was officially ers that simply said ‘‘No Natives Al- visit family, play in basketball tour- launched. lowed.’’ They found separate drinking naments, or bring new cars and boats Over the past 50 years the Alaska fountains and separate entryways in home from the lower 48. Marine Highway has grown to include public buildings for non-Whites. They Although the 50-year anniversary 11 vessels which serve 35 communities. commemorates the formal establish- learned they could only purchase prop- From the southern terminus in Bel- ment of the Alaska Division of Marine erty in Native neighborhoods, could lingham, WA, the system stretches Transportation in 1963, the Alaska Ma- only be seated in a segregated portion rine Highway System was begun in more than 3,500 miles to Dutch Harbor, of the local theater, and could only 1948, initiated by three men with a AK. It makes port calls in Prince send their children to missionary dream to provide dependable marine Rupert, BC, and throughout Alaska’s schools—not the public schools for transportation among Alaska’s coastal Inside Passage. It travels across the which they paid a school tax. communities. Haines resident Steve Gulf of Alaska to Prince William In 1941, Elizabeth and Roy wrote a Homer joined forces with brothers Ray Sound and along the Aleutian Chain, joint letter to Territorial Governor Er- and Gustav Gelotte to purchase the M/ all to carry the Nation’s commerce to nest Gruening about their concerns. V Chilkoot and set up Chilkoot distant destinations and Alaska’s pas- Many legislators were entrenched with Motorship Lines. The vessel, formerly sengers to home ports. Through this the idea that Alaska Natives were sec- a U.S. Navy landing craft, required scenic highway, Alaskans share their ond class citizens and despite the fact work to remove its military features incredible natural beauty with visitors they paid taxes and bore arms in de- and ensure it could pass U.S. Coast from around the world and connect fense of the Nation, they were not en- Guard inspection, but within a few with each other through a transpor- dowed with the same rights as others. months of its purchase, it was deemed tation system which has served safely However, 1945 brought some hope. ready for service as a civilian pas- and reliably for 50 years. Antidiscrimination legislation had senger vessel. The M/V Chilkoot could Thank you for allowing me to cele- passed the Alaska State House but was carry a maximum of only 14 cars and brate this milestone 50th anniversary stalled in the Senate. One senator by all accounts had ‘‘poor accommoda- of the unique Alaska treasure known made a speech stating that Natives had tions’’ due to retaining many of its as the Alaska Marine Highway Sys- only recently emerged from savagery original Navy features. No matter the tem.∑ and they were not fit for society. He M/V Chilkoot ferried its first two cars f argued they had not had the experience from Haines to Juneau in August of of 5,000 years of civilization. OBSERVING ELIZABETH With great courage and composure, 1948. PERATROVICH DAY As fate would have it, one of those Elizabeth Peratrovich stood during ∑ cars belonged to Ernest Gruening, then Mr. BEGICH. Mr. President, every public testimony and confronted the the Territorial Governor of Alaska. year on February 16, Alaskans take senator who had just belittled her and Governor Gruening became an ardent time to remember and celebrate Eliza- her people. Not only was she a Native supporter of the new transportation beth Peratrovich, a Tlingit woman who addressing the mostly White senate, system and with two other commis- demonstrated courage in her convic- she was also the first woman ever to sioners from the Board of Roads au- tions—a courage which changed the address the body. thorized the construction of ferry course of civil rights treatment for Elizabeth Peratrovich opened her tes- ramps in Juneau, Haines, and Alaska Natives. timony with, ‘‘I would not have ex- Skagway. Thus, service to these three Almost 25 years ago, the Alaska pected that I, who am barely out of small southeast communities was born. State Legislature designated this date savagery, would have to remind gentle- In 1988 Steve Homer wrote a letter as Elizabeth Peratrovich Day to com- men with five thousand years of re- about his experience starting the Alas- memorate the signing of the Alaska corded civilization behind them of our ka Marine Highway System. In that Anti-Discrimination Act of 1945 and to Bill of Rights.’’ letter he wrote that his initial idea of honor Ms. Peratrovich. The senate gallery and floor exploded bringing a landing craft to Southeast Elizabeth Wanamaker was born on in applause. The opposition that had Alaska was spawned in 1944 when he July 4, 1911. Her family traveled exten- been so absolute and emphatic shrank commanded such a craft in World War sively on missionary trips throughout to a mere whisper. II. He said he signed partnership papers southeast Alaska, providing Elizabeth On February 8, 1945, a bill to end dis- to form Chilkoot Motorship Lines in with broad educational experiences and crimination in Alaska passed the sen- 1949 and that the total required equity connecting her with people throughout ate by a vote of 11 to 5. The bill was capital was $9,177 in 1948 dollars. A few the region—an extraordinary oppor- signed into law on February 16—the years later the business ran into finan- tunity for a Native girl of that era. day we celebrate Elizabeth Peratrovich cial difficulties, and the Alaska Terri- After leaving the State to attend Day. torial Government offered to purchase Western College in Bellingham, WA, Elizabeth Peratrovich was instru- it. Ownership transferred to the terri- she returned to Alaska with her new mental in making Alaska the first or- tory in 1951. husband, Roy Peratrovich, who was ganized government under the U.S. flag By 1957 the M/V Chilkoot was too half Tlingit, to work in the canneries to condemn discrimination. Today in small to meet demand and was re- in Klawock. Both were educated and Alaska, we celebrate Elizabeth

VerDate Mar 15 2010 03:59 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.014 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S649 Peratrovich Day and affirm our beliefs The wounds Gordon suffered required The essays follow. in equality. him to use a wheelchair for mobility CAROLINE BRAUN, CHAMPLAIN VALLEY UNION Thank you for allowing me to em- for the remainder of his life, but after HIGH SCHOOL (WINNER) brace the memory of one woman who 5 years of rehabilitation and thanks to There is no simple cure for the abundant fought for equality for all, Alaskan his amazing determination, he grad- issues plaguing our nation. Not only are we Elizabeth Peratrovich.∑ uated from law school and started a recovering from a recession, but we also are new chapter in his life. confronting challenges related to climate f change, healthcare, and education. While our In 1981, he joined the staff of the Par- REMEMBERING KEVIN TONN efforts to address these issues are noble, our alyzed Veterans of America, and he failure to solve them reflects a more con- ∑ Mrs. BOXER. Mr. President, I ask my later became its executive director. His cerning societal problem. colleagues to join me in honoring the passion for public service led him to On December 14, 2012, twenty children and life of Kevin Tonn, a loving son, de- become the Assistant Secretary for six faculty members were fatally shot in voted friend, and respected law en- Fair Housing and Equal Opportunity at Sandy Hook Elementary School in Newtown, forcement official. Officer Tonn lost the Department of Housing and Urban Connecticut. Not only did this devastating his life serving the Galt Police Depart- tragedy leave close friends, family, and the Development. And in 2001, he joined the local community in shock, but also the na- ment on January 15, 2013. He was 35 Department of Veterans Affairs, VA, tion. Though it is remarkable that our coun- years old. first as Assistant Secretary for Con- try embraced the friends and families of Kevin Tonn was raised in the Sac- gressional and Legislative Affairs, then those killed, we only seem to value such a ramento region. He graduated from as Deputy Secretary, and briefly, in strong sense of community after a crisis. The Roseville High School and the Rose- 2007, as Acting Secretary. dramatic increase in violence in the past ville Police Explorers program before At VA, Gordon brought his unique decade raises new questions about our cur- serving in the U.S. Army as a military perspective on the needs of paralyzed rent societal values and priorities: have we police officer at Fort Drum and later as forgotten what’s truly important in this new veterans to the day-to-day manage- age? While we enjoy the many luxuries that a firefighter in New York. In January ment of the Department. He spoke out accompany technology and contemporary 2009, he returned home to California regularly on the need to improve ac- life, has the lure of modern convenience and graduated from the Sacramento cess for paralyzed veterans to VA serv- eclipsed our fundamental human need to County Sheriff’s Academy. ices; to ensure that disabled veterans take care of and support each other, our fam- For the past 31⁄2 years, Officer Kevin were properly compensated for their ilies, and our communities? Tonn was a member of the Galt Police services; and to provide opportunity for Perhaps it is time we recalibrate who we Department, where he was known for are and who we want to be as a country so every paralyzed veteran to live a full, that the fundamental values on which our his hard work, sense of humor, and barrier-free, and productive life. country was founded can once again flourish. dedication to the community and its In 2009, Gordon retired from VA, but How can one pursue happiness without ac- people. In his short time with the de- he did not conclude his service to vet- cess to basic healthcare, food, or the ability partment, he was promoted to the K–9 erans and their families. He became a to spend time with the ones we love? Cer- unit, where he proudly served with his member of the board of directors of the tainly when our forefathers declared our devoted German Shepherd partner, Wounded Warrior Project, serving a right to bear arms, their intent was not for Yaro. new generation of veterans from Iraq corporations and special interest groups to Officer Kevin Tonn, like all those profit from its citizens being armed with as- and Afghanistan. He also joined the sault weapons intended for war. Instead of who serve in law enforcement, put his board of directors of the Disabled Vet- unbridled greed and big business dominating life on the line to protect and serve his erans’ Life Memorial Foundation. our economy, it is imperative we support community. His commitment to public Gordon’s lifetime contributions to small businesses so they can thrive once safety and to the citizens he served will our country and its citizens were well again. Environmentally, we have yet to re- never be forgotten. recognized. In addition to the Distin- place our dependence on oil with renewable On behalf of the people of California, guished Service Cross, his military energy resources and reduce our effects on whom he served so well, I send my decorations included the Bronze Star, climate change. And while we all agree edu- gratitude and deep sympathy to his two Purple Hearts, the Combat Infan- cating our children is a requisite investment friends and family, including his be- in our future, teachers continue to earn, on try Badge, and the Presidential Unit average, 12 percent less than other workers loved parents Will and Mary Ann Tonn. Citation. He was inducted into the with similar education and work experience. We are forever indebted to Officer Tonn Army Ranger Hall of Fame in 2007 and As a world leader and role model for de- for his courage, service, and sacrifice.∑ the U.S. Army Officer Candidate mocracy and peace, we need initiatives that f School Hall of Fame in 1997. not only connect people and communities, He received the Department of De- but also ones that will act as catalysts for HONORING GORDON H. MANSFIELD fense Medal for Distinguished Public change. Increasing awareness of issues re- ∑ Mr. BURR. Mr. President, on behalf lated to social justice will spark larger Service, the Presidential Distinguished movements for societal change; whether it is of Senator SANDERS and myself, as the Service Award, the Robert Dole Service reducing community violence, practicing ranking member and chairman of the to Our Nation Award, the Disabled business ethics, implementing renewable en- Committee on Veterans’ Affairs, I wish American Veterans Outstanding Dis- ergy sources, advocating for mental health to pay tribute to Gordon H. Mansfield, abled Veteran of the Year Award, and care, or investing in our teachers and a great American hero, a distinguished the Paralyzed Veterans of America schools. Instead of businesses and special in- public servant, and a boundless advo- Outstanding Service to Veterans terest groups being the sole influence on cate and friend of veterans, who died Award. policies and the direction of our country, on January 29, 2013, concluding a life of We offer his wife Linda; his children, now is the time, once again, for all citizens exceptional service to America. to be heard, cared for, and respected. Al- Gordon and Leon; and his entire family though as a nation we have made and con- On February 4, 1968, Gordon, then a our deepest condolences. They, and all tinue to make advances that were inconceiv- young Army captain, was leading Americans, have lost a remarkable able just a century ago, our penchant for the troops in battle in Quang Tri province, leader, a courageous hero, and a role new shouldn’t trump our commitment to Vietnam, during the Tet Offensive model to all individuals with disabil- older values and fundamental human rights. when he was shot twice in the spine by ities. He will be sorely missed.∑ EMILY ELLSWORTH, COLCHESTER HIGH SCHOOL the enemy. f (2ND PLACE) Without the use of his legs, he made Social mobility is essential to the develop- sure all his men were safe and all other VERMONT ESSAY WINNERS ment of the American character. The ability wounded troops were evacuated before ∑ Mr. SANDERS. Mr. President, I ask to overcome class distinctions and succeed he allowed himself to be medevac’d. to have printed in the RECORD winning economically through hard work equates to Gordon received the Distinguished essays written by Vermont High opportunity. Yet current U.S. taxation poli- cies are harming the middle-class and wid- Service Cross for his actions on that School students as part of the Third ening the gaps of income inequality, thus day—a day that marked a new begin- Annual ‘‘What is the State of the narrowing the window of opportunity for ning, not an end, to his service to our Union?’’ Essay contest conducted by Americans. Federally enforced legislation Nation. my office. such as the Bush Tax Cuts and the income

VerDate Mar 15 2010 05:51 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.008 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S650 CONGRESSIONAL RECORD — SENATE February 12, 2013 tax on capital gains provide a dispropor- Mckibben, of Vermont, helps us do this. He ter how justified, is directly propor- tionate amount of benefits to the wealthiest organized 350.org, which is a global campaign tional to how they perceive the vet- Americans. This leaves a majority of citizens to solve climate change. The mission of erans of earlier wars were treated and possessing less means to increase their in- 350.org is ‘‘building a global grassroots move- appreciated by their nation.’’ come, obtain education for higher paying oc- ment to solve the climate crisis.’’ He orga- cupations and provisions for the next genera- nizes global rallies and projects to bring the This is why Jim championed funding tion. world together in the face of this crisis. He for the Oregon Veterans’ Home, pressed It is necessary to consider the purchasing helps us communicate as a world to get the for veteran health care funding under function and the insurance function of job done, since it can be done no other way. the Federal VA system, increased fi- wealth. The quality of a child’s education Earth’s lack of resources needs to be ad- nancing limits on veterans’ home and neighborhood is dependent upon the vol- dressed and solved through global commu- loans, supported the construction of ume of wealth the parent has access to. Chil- nication. 25,000 people die from hunger every the Oregon Medal of Honor Memorial dren also receive a very different set of day. Other poverty induced diseases, like and Afghan-Iraqi Freedom Memorial, choices and opportunities upon entering the AIDs, cause millions of deaths worldwide. adult world depending on their family’s eco- However, by globally communicating, we can and initiated the construction of a sec- nomic status. To combat the further det- reduce poverty. Global communication can ond veterans home in Lebanon, Oregon. riment to future generations, taxes must be help us redistribute the resources. Some I cannot say enough about the distin- raised in areas which will inflict minimal places are brimming over with resources, guished efforts Jim has made over the harm, and produce the most beneficial re- such as fresh food, water, and technology last 23 years at ODVA on behalf of sults. America is experiencing the largest while others suffer. The U.S.A. has an abun- servicemembers and their families. disproportion of wealth since 1928, and cur- dance of resources. If we use global commu- With his direction, our heroes knew rent taxation policy not only aids in wid- nication to be at peace with one another, we there were trained service officers in ening the income gap, but harms the accu- can share what we have, so that less people their county ready to assist them with mulation of government tax revenue. suffer. If the United States were to share re- The sale of stocks and bonds are called sources with poverty stricken countries of benefits, home loans, and countless ‘‘capital gains.’’ Until the 1990’s, the capital Africa, people in Africa would have happier other issues. The trained professionals gains tax was at 28%. Today its current level lives, while people in the United States and the team he built at ODVA were is 15% which enables less revenue gained would still have enough to live comfortably. always willing to help a veteran in a from any individuals whose main source of This can all be achieved through effective time of need. As President of the Na- income comes from stocks and bonds, such global communication. tional Association of State Directors of as wealthy businessmen. In 2006, for in- Global communication is the answer. If we Veterans Affairs, Jim coordinated stance, Warren Buffett paid 17.7 percent in all put our hearts and heads together, and these efforts nationally to assure vet- taxes on the $46 million he booked that year, forget our differences, we can change the while his secretary paid 30 percent of her world for the better, which is always the ul- erans received what they worked so $60,000 salary to the government. Simple timate goal. Whether it’s to prevent wars, hard for. practices such as restoring tax rates to past bring the temperature of the atmosphere I am grateful to have had Jim as a levels are essential to the aid of our coun- down, or to redistribute resources, it’s partner in several endeavors at the try’s recovery and to improve the state of undebatable that communication is what we Federal level, including the effort to the Union. need. Let us come together, and work to- put a halt to pension poachers who GENA CHIOLA, MOUNT ABRAHAM UNION HIGH gether and never forget the importance of were stealing money and benefits from SCHOOL (3RD PLACE) global communication. veterans under the guise of veterans’ Today, we face problems concerning the BIBLIOGRAPHY assistance. environment, war and conflict, as well as Mckibben, B. 350.org. January, 2013, http:// Even in retirement, Jim will con- lack of resources. In these times, more than www.350.org/en/mission tinue to find ways to give back to the ever before, the solution to these problems Poverty.com. January, 2013, http://pov- lies in global communication. If we put our community. He will continue to serve erty.com/ on the American Legion National Cem- heads together, and help each other, we can Wars in the World, January 2013, http:// create a plan to reduce climate change. If we www.warsintheworld.com/ etery Committee, on the Veteran of increase our efforts to work out conflicts be- ?page=static1258254223 Foreign Wars National Resolutions tween countries, through effective commu- Statistic Brain, World Poverty Statistics. Committee, and as Vice President of nication, less people will lose their lives January, 2013 http://www.statisticbrain.com/ the Oregon World War II Memorial through unnecessary wars. Sharing of re- worldpoverty-statistics/ Foundation. sources can occur when we effectively com- Henson, Robert. The Rough Guide to Cli- I could not be prouder of Jim and his municate between countries, which will re- mate Change: page 1–10. New York, USA: life’s work. He embodies the best of Or- duce poverty worldwide. All it takes is effec- Rough Guides Ltd, September 2006.∑ tive global communication to resolve global egon and the best of a grateful nation. issues. f As our servicemembers continue to come home and reintegrate into soci- One major global problem is conflict be- TRIBUTE TO JIM WILLIS tween nations. There will always be conflicts ety, I am confident the benefits and between people, it is part of being human, ∑ Mr. WYDEN. Mr. President, on services they have earned will be avail- but how we deal with these conflicts is what March 1, 2013, one of Oregon’s most able to them because of Jim and people makes the difference. Today, approximately dedicated leaders will retire. I want to like him. His dedication to veterans 60 countries are involved in a war. Millions take a few minutes to pay tribute to a will continue to have a lasting impact of people die each year from these conflicts. public servant and one of Oregon’s fore- This fighting and killing is indeed a form of on ODVA for years to come. communication, but it is not effective in most advocates for veterans, Jim Wil- Mr. President, I know Senator solving world problems. We accomplish noth- lis. MERKLEY will be speaking after me to ing by killing people. We need to stop think- Jim has worked selflessly to better express his gratitude for Jim’s many ing of ourselves as being separated by na- the State and the nation. For 48 years, years of hard work. I’m proud to join tional boundaries and focus on how to break he has been helping others, from his my fellow Oregonians in recognizing down these walls. By communicating and two enlistments in the U.S. Air Force, the great service of Jim Willis and working towards the same common goal, we including a tour of wartime service in wishing him the best as he begins this will improve the planet. If we think globally, South Vietnam, to a career with the new chapter in his life.∑ we will have more of a chance of commu- ∑ nicating globally, and resolving conflicts Oregon State Police, to his time with Mr. MERKLEY. Mr. President, I rise through peaceful means, rather than war. the American Legion, and finally his today to echo what my colleague Sen- Enter Climate Change conundrum. Climate leadership at the Oregon Department ator WYDEN said in recognition of Jim Change is the increased temperature of the of Veterans Affairs, ODVA. Willis, a native Oregonian and one of atmosphere due to human carbon emissions. After his service in Vietnam, Jim Oregon’s greatest champions for vet- Our use of gasoline to run cars, and oil to knew what it felt like to return home erans and their families. heat our homes contributes to the heating of to a country where veterans were not As an airman during the Vietnam the climate. We are slowly destroying our always welcomed and at times forgot- War, and as an officer for the Oregon environment, and creating an increasingly dangerous habitat for all living thing. It is ten. He understood the words of George State Police, Jim has dedicated his life no question that this is a dangerous issue Washington when he said, ‘‘The will- to serving and protecting the citizens that needs addressing. And in order to ad- ingness with which our young people of the United States and the State of dress it, we must work together. Bill are likely to serve in any war, no mat- Oregon.

VerDate Mar 15 2010 05:08 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.009 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S651 Jim saw his work as fulfilling a sa- Constitution makes us not rivals for Now we need to finish the job. And cred obligation: we all have the respon- power but partners for progress. . . It the question is, how? is my task,’’ he said, ‘‘to report the sibility to honor and care for our vet- In 2011, Congress passed a law saying State of the Union—to improve it is erans. For the past decade, under Jim’s that if both parties couldn’t agree on a leadership, the Oregon Department of the task of us all.’’ plan to reach our deficit goal, about a Veterans’ Affairs, ODVA, has stayed Tonight, thanks to the grit and de- trillion dollars’ worth of budget cuts true to its mission and recognized and termination of the American people, would automatically go into effect this honored Oregon’s veterans and their there is much progress to report. After year. These sudden, harsh, arbitrary families by providing the highest qual- a decade of grinding war, our brave cuts would jeopardize our military ity programs, services and benefits. men and women in uniform are coming readiness. They’d devastate priorities Jim’s dedication to providing quality home. After years of grueling reces- like education, energy, and medical re- programs and resources to all veterans sion, our businesses have created over search. They would certainly slow our and their families has lead ODVA—a six million new jobs. We buy more recovery, and cost us hundreds of thou- relatively small agency—to accomplish American cars than we have in five sands of jobs. That’s why Democrats, a lot during his service. His decision to years, and less foreign oil than we have retire comes on the heels of some in twenty. Our housing market is heal- Republicans, business leaders, and major accomplishments over the last ing, our stock market is rebounding, economists have already said that few years, including beginning con- and consumers, patients, and home- these cuts, known here in Washington struction of a new veterans’ home and owners enjoy stronger protections than as ‘‘the sequester,’’ are a really bad the completion of a community center, ever before. idea. both to serve Oregon’s elderly vet- Together, we have cleared away the Now, some in this Congress have pro- erans. Jim’s legacy will be the impact rubble of crisis, and can say with re- posed preventing only the defense cuts that these projects will have on the newed confidence that the State of our by making even bigger cuts to things lives of Oregon’s veterans and their Union is stronger. like education and job training; Medi- families. But we gather here knowing that care and Social Security benefits. With his service to the American Le- there are millions of Americans whose That idea is even worse. Yes, the big- gion National Cemetery Committee hard work and dedication have not yet gest driver of our long-term debt is the and Veterans of Foreign Wars, and his been rewarded. Our economy is adding rising cost of health care for an aging current tenure as President of the Na- jobs—but too many people still can’t population. And those of us who care tional Association of State Directors of find full-time employment. Corporate deeply about programs like Medicare Veterans Affairs, Jim works from a na- profits have rocketed to all-time must embrace the need for modest re- tional platform to promote and advo- highs—but for more than a decade, forms—otherwise, our retirement pro- cate for veterans benefits. For Jim, wages and incomes have barely budged. grams will crowd out the investments every day is Veterans Day. It is our generation’s task, then, to It has been a pleasure to work with reignite the true engine of America’s we need for our children, and jeop- Jim, both as a member of the Oregon economic growth—a rising, thriving ardize the promise of a secure retire- State Legislature and as a U.S. Sen- middle class. ment for future generations. ator. It is our unfinished task to restore But we can’t ask senior citizens and Jim will be retiring to his home in the basic bargain that built this coun- working families to shoulder the entire Albany, where he will spend time with try—the idea that if you work hard and burden of deficit reduction while ask- his family. He plans to ‘‘continue to be meet your responsibilities, you can get ing nothing more from the wealthiest concerned for my fellow veterans as ahead, no matter where you come and most powerful. We won’t grow the long as I am able to assist in serving from, what you look like, or who you middle class simply by shifting the them in the future,’’ and in that regard love. cost of health care or college onto fam- will continue to be active in the Amer- It is our unfinished task to make ilies that are already struggling, or by ican Legion, the Veterans of Foreign sure that this Government works on forcing communities to lay off more Wars and with the committee over- behalf of the many, and not just the teachers, cops, and firefighters. Most seeing Oregon’s World War II Memo- few; that it encourages free enterprise, Americans—Democrats, Republicans, rial, currently under construction on rewards individual initiative, and and Independents—understand that we the grounds of the Oregon Capitol. opens the doors of opportunity to every can’t just cut our way to prosperity. Oregon is proud of and grateful for child across this great Nation. They know that broad-based economic all of the hard work and leadership dis- The American people don’t expect growth requires a balanced approach to played by Jim Willis over his long and Government to solve every problem. deficit reduction, with spending cuts decorated career. I am especially proud They don’t expect those of us in this and revenue, and with everybody doing of his many achievements and I thank chamber to agree on every issue. But their fair share. And that’s the ap- him for his many years of outstanding they do expect us to put the Nation’s proach I offer tonight. public service. We wish him a happy interests before party. They do expect On Medicare, I’m prepared to enact and healthy retirement, and thank him us to forge reasonable compromise reforms that will achieve the same for his continued dedication to Or- where we can. For they know that amount of health care savings by the egon’s veterans.∑ America moves forward only when we do so together; and that the responsi- beginning of the next decade as the re- f bility of improving this Union remains forms proposed by the bipartisan Simp- REPORT ON THE STATE OF THE the task of us all. son-Bowles commission. Already, the UNION DELIVERED TO A JOINT Our work must begin by making Affordable Care Act is helping to slow SESSION OF CONGRESS ON FEB- some basic decisions about our budg- the growth of health care costs. The re- RUARY 12, 2013—PM 2 et—decisions that will have a huge im- forms I’m proposing go even further. pact on the strength of our recovery. We’ll reduce taxpayer subsidies to pre- The PRESIDING OFFICER laid be- Over the last few years, both parties scription drug companies and ask more fore the Senate the following message have worked together to reduce the from the wealthiest seniors. We’ll bring from the President of the United deficit by more than $2.5 trillion— down costs by changing the way our States which was ordered to lie on the mostly through spending cuts, but also Government pays for Medicare, because table: by raising tax rates on the wealthiest 1 our medical bills shouldn’t be based on To The Congress of the United States: percent of Americans. As a result, we the number of tests ordered or days Mr. Speaker, Mr. Vice President, are more than halfway towards the spent in the hospital—they should be Members of Congress, fellow citizens: goal of $4 trillion in deficit reduction based on the quality of care that our Fifty-one years ago, John F. Kennedy that economists say we need to sta- seniors receive. And I am open to addi- declared to this Chamber that ‘‘the bilize our finances. tional reforms from both parties, so

VerDate Mar 15 2010 05:09 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.047 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S652 CONGRESSIONAL RECORD — SENATE February 12, 2013 long as they don’t violate the guar- Congress to pass the rest. Tonight, I’ll that threatens our planet have actu- antee of a secure retirement. Our Gov- lay out additional proposals that are ally fallen. ernment shouldn’t make promises we fully paid for and fully consistent with But for the sake of our children and can’t keep—but we must keep the the budget framework both parties our future, we must do more to combat promises we’ve already made. agreed to just 18 months ago. Let me climate change. Yes, it’s true that no To hit the rest of our deficit reduc- repeat—nothing I’m proposing tonight single event makes a trend. But the tion target, we should do what leaders should increase our deficit by a single fact is, the 12 hottest years on record in both parties have already suggested, dime. It’s not a bigger Government we have all come in the last 15. Heat and save hundreds of billions of dollars need, but a smarter Government that waves, droughts, wildfires, and floods— by getting rid of tax loopholes and de- sets priorities and invests in broad- all are now more frequent and intense. ductions for the well-off and well-con- based growth. We can choose to believe that nected. After all, why would we choose Our first priority is making America Superstorm Sandy, and the most se- to make deeper cuts to education and a magnet for new jobs and manufac- vere drought in decades, and the worst Medicare just to protect special inter- turing. wildfires some states have ever seen est tax breaks? How is that fair? How After shedding jobs for more than 10 were all just a freak coincidence. Or we does that promote growth? years, our manufacturers have added can choose to believe in the over- Now is our best chance for bipar- about 500,000 jobs over the past three. whelming judgment of science—and act tisan, comprehensive tax reform that Caterpillar is bringing jobs back from before it’s too late. encourages job creation and helps bring Japan. Ford is bringing jobs back from The good news is, we can make mean- down the deficit. The American people Mexico. After locating plants in other ingful progress on this issue while driv- deserve a tax code that helps small countries like China, Intel is opening ing strong economic growth. I urge this businesses spend less time filling out its most advanced plant right here at Congress to pursue a bipartisan, mar- complicated forms, and more time ex- home. And this year, Apple will start ket-based solution to climate change, panding and hiring; a tax code that en- making Macs in America again. like the one JOHN MCCAIN and Joe Lie- sures billionaires with high-powered There are things we can do, right berman worked on together a few years accountants can’t pay a lower rate now, to accelerate this trend. Last ago. But if Congress won’t act soon to than their hard-working secretaries; a year, we created our first manufac- protect future generations, I will. I will tax code that lowers incentives to turing innovation institute in Youngs- direct my Cabinet to come up with ex- move jobs overseas, and lowers tax town, Ohio. A once-shuttered ware- ecutive actions we can take, now and rates for businesses and manufacturers house is now a state-of-the art lab in the future, to reduce pollution, pre- that create jobs right here in America. where new workers are mastering the pare our communities for the con- That’s what tax reform can deliver. 3D printing that has the potential to sequences of climate change, and speed That’s what we can do together. revolutionize the way we make almost the transition to more sustainable I realize that tax reform and entitle- everything. There’s no reason this sources of energy. ment reform won’t be easy. The poli- can’t happen in other towns. So to- Four years ago, other countries tics will be hard for both sides. None of night, I’m announcing the launch of dominated the clean energy market us will get 100 percent of what we want. three more of these manufacturing and the jobs that came with it. We’ve But the alternative will cost us jobs, hubs, where businesses will partner begun to change that. Last year, wind hurt our economy, and visit hardship with the Departments of Defense and energy added nearly half of all new on millions of hardworking Americans. Energy to turn regions left behind by power capacity in America. So let’s So let’s set party interests aside, and globalization into global centers of generate even more. Solar energy gets work to pass a budget that replaces high-tech jobs. And I ask this Congress cheaper by the year—so let’s drive reckless cuts with smart savings and to help create a network of fifteen of costs down even further. As long as wise investments in our future. And these hubs and guarantee that the next countries like China keep going all-in let’s do it without the brinksmanship revolution in manufacturing is Made in on clean energy, so must we. that stresses consumers and scares off America. In the meantime, the natural gas investors. The greatest Nation on If we want to make the best prod- boom has led to cleaner power and Earth cannot keep conducting its busi- ucts, we also have to invest in the best greater energy independence. That’s ness by drifting from one manufactured ideas. Every dollar we invested to map why my Administration will keep cut- crisis to the next. Let’s agree, right the human genome returned $140 to our ting red tape and speeding up new oil here, right now, to keep the people’s economy. Today, our scientists are and gas permits. But I also want to Government open, pay our bills on mapping the human brain to unlock work with this Congress to encourage time, and always uphold the full faith the answers to Alzheimer’s; developing the research and technology that helps and credit of the United States of drugs to regenerate damaged organs; natural gas burn even cleaner and pro- America. The American people have devising new material to make bat- tects our air and water. worked too hard, for too long, rebuild- teries ten times more powerful. Now is Indeed, much of our new-found en- ing from one crisis to see their elected not the time to gut these job-creating ergy is drawn from lands and waters officials cause another. investments in science and innovation. that we, the public, own together. So Now, most of us agree that a plan to Now is the time to reach a level of re- tonight, I propose we use some of our reduce the deficit must be part of our search and development not seen since oil and gas revenues to fund an Energy agenda. But let’s be clear: deficit re- the height of the Space Race. And Security Trust that will drive new re- duction alone is not an economic plan. today, no area holds more promise search and technology to shift our cars A growing economy that creates good, than our investments in American en- and trucks off oil for good. If a non- middle-class jobs—that must be the ergy. partisan coalition of CEOs and retired North Star that guides our efforts. After years of talking about it, we generals and admirals can get behind Every day, we should ask ourselves are finally poised to control our own this idea, then so can we. Let’s take three questions as a Nation: How do we energy future. We produce more oil at their advice and free our families and attract more jobs to our shores? How home than we have in 15 years. We businesses from the painful spikes in do we equip our people with the skills have doubled the distance our cars will gas prices we’ve put up with for far too needed to do those jobs? And how do we go on a gallon of gas, and the amount long. I’m also issuing a new goal for make sure that hard work leads to a of renewable energy we generate from America: let’s cut in half the energy decent living? sources like wind and solar—with tens wasted by our homes and businesses A year and a half ago, I put forward of thousands of good, American jobs to over the next twenty years. The States an American Jobs Act that inde- show for it. We produce more natural with the best ideas to create jobs and pendent economists said would create gas than ever before—and nearly every- lower energy bills by constructing more than one million new jobs. I one’s energy bill is lower because of it. more efficient buildings will receive thank the last Congress for passing And over the last four years, our emis- Federal support to help make it hap- some of that agenda, and I urge this sions of the dangerous carbon pollution pen.

VerDate Mar 15 2010 05:09 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.037 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S653 America’s energy sector is just one lack of access to preschool education parents and students can use to com- part of an aging infrastructure badly in can shadow them for the rest of their pare schools based on a simple cri- need of repair. Ask any CEO where lives. terion: where you can get the most they’d rather locate and hire: a coun- Tonight, I propose working with bang for your educational buck. try with deteriorating roads and states to make high-quality preschool To grow our middle class, our citi- bridges, or one with high-speed rail and available to every child in America. zens must have access to the education internet; high-tech schools and self- Every dollar we invest in high-quality and training that today’s jobs require. healing power grids. The CEO of Sie- early education can save more than But we also have to make sure that mens America—a company that seven dollars later on—by boosting America remains a place where every- brought hundreds of new jobs to North graduation rates, reducing teen preg- one who’s willing to work hard has the Carolina—has said that if we upgrade nancy, even reducing violent crime. In chance to get ahead. our infrastructure, they’ll bring even States that make it a priority to edu- Our economy is stronger when we more jobs. And I know that you want cate our youngest children, like Geor- harness the talents and ingenuity of these job-creating projects in your dis- gia or Oklahoma, studies show stu- striving, hopeful immigrants. And tricts. I’ve seen you all at the ribbon- dents grow up more likely to read and right now, leaders from the business, cuttings. do math at grade level, graduate high labor, law enforcement, and faith com- Tonight, I propose a ‘‘Fix-It-First’’ school, hold a job, and form more sta- munities all agree that the time has program to put people to work as soon ble families of their own. So let’s do come to pass immigration reform. as possible on our most urgent repairs, what works, and make sure none of our Real reform means strong border se- like the nearly 70,000 structurally defi- children start the race of life already curity, and we can build on the cient bridges across the country. And behind. Let’s give our kids that chance. progress my Administration has al- to make sure taxpayers don’t shoulder Let’s also make sure that a high ready made—putting more boots on the the whole burden, I’m also proposing a school diploma puts our kids on a path souther border than at any time in our Partnership to Rebuild America that to a good job. Right now, countries like history, and reducing illegal crossings attracts private capital to upgrade Germany focus on graduating their to their lowest levels in 40 years. high-school students with the equiva- what our businesses need most: modern Real reform means establishing a re- lent of a technical degree from one of ports to move our goods; modern pipe- sponsible pathway to earned citizen- our community colleges, so that lines to withstand a storm; modern ship—a path that includes passing a they’re ready for a job. At schools like schools worthy of our children. Let’s background check, paying taxes and a P-Tech in Brooklyn, a collaboration prove that there is no better place to meaningful penalty, learning English, between New York Public Schools, the do business than the United States of and going to the back of the line be- City University of New York, and IBM, America. And let’s start right away. hind the folks trying to come here le- students will graduate with a high Part of our rebuilding effort must gally. also involve our housing sector. Today, school diploma and an associate’s de- And real reform means fixing the our housing market is finally healing gree in computers or engineering. legal immigration system to cut wait- from the collapse of 2007. Home prices We need to give every American stu- ing periods, reduce bureaucracy, and are rising at the fastest pace in six dent opportunities like this. Four attract the highly skilled entre- years, home purchases are up nearly 50 years ago, we started Race to the Top— preneurs and engineers that will help percent, and construction is expanding a competition that convinced almost create jobs and grow our economy. again. every state to develop smarter cur- But even with mortgage rates near a ricula and higher standards, for about 1 In other words, we know what needs 50-year low, too many families with percent of what we spend on education to be done. As we speak, bipartisan solid credit who want to buy a home each year. Tonight, I’m announcing a groups in both chambers and working are being rejected. Too many families new challenge to redesign America’s diligently to draft a bill, and I applaud who have never missed a payment and high schools so they better equip grad- their efforts. Now let’s get this done. want to refinance are being told no. uates for the demands of a high-tech Send me a comprehensive immigration That’s holding our entire economy economy. We’ll reward schools that de- reform bill in the next few months, and back, and we need to fix it. Right now, velop new partnerships with colleges I will sign it right away. there’s a bill in this Congress that and employers, and create classes that But we can’t stop there. We know our would give every responsible home- focus on science, technology, engineer- economy is stronger when our wives, owner in America the chance to save ing, and math—the skills today’s em- mothers, and daughters can live their $3,000 a year by refinancing at today’s ployers are looking for to fill jobs right lives free from discrimination in the rates. Democrats and Republicans have now and in the future. workplace, and free from the fear of do- supported it before. What are we wait- Now, even with better high schools, mestic violence. Today, the Senate ing for? Take a vote, and send me that most young people will need some passed the Violence Against Women bill. Right now, overlapping regula- higher education. It’s a simple fact: the Act that JOE BIDEN originally wrote al- tions keep responsible young families more education you have, the more most 20 years ago. I urge the House to from buying their first home. What’s likely you are to have a job and work do the same. And I ask this Congress to holding us back? Let’s streamline the your way into the middle class. But declare that women should earn a liv- process, and help our economy grow. today, skyrocketing costs price way ing equal to their efforts, and finally These initiatives in manufacturing, too many young people out of a higher pass the Paycheck Fairness Act this energy, infrastructure, and housing education, or saddle them with year. will help entrepreneurs and small busi- unsustainable debt. We know our economy is stronger ness owners expand and create new Through tax credits, grants, and bet- when we reward an honest day’s work jobs. But none of it will matter unless ter loans, we have made college more with honest wages. But today, a full- we also equip our citizens with the affordable for millions of students and time worker making the minimum skills and training to fill those jobs. families over the last few years. But wage earns $14,500 a year. Even with And that has to start at the earliest taxpayers cannot continue to subsidize the tax relief we’ve put in place, a fam- possible age. the soaring cost of higher education. ily with two kids that earns the min- Study after study shows that the Colleges must do their part to keep imum wage still lives below the pov- sooner a child begins learning, the bet- costs down, and it’s our job to make erty line. That’s wrong. That’s why, ter he or she does down the road. But sure they do. Tonight, I ask Congress since the last time this Congress raised today, fewer than 3 in 10 four-year-olds to change the Higher Education Act, so the minimum wage, nineteen states are enrolled in a high-quality preschool that affordability and value are in- have chosen to bump theirs even high- program. Most middle-class parents cluded in determining which colleges er. can’t afford a few hundred bucks a receive certain types of Federal aid. Tonight, let’s declare that in the week for private preschool. And for And tomorrow, my Administration will wealthiest Nation on Earth, no one poor kids who need help the most, this release a new ‘‘College Scorecard’’ that who works full-time should have to live

VerDate Mar 15 2010 05:09 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.038 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S654 CONGRESSIONAL RECORD — SENATE February 12, 2013 in poverty, and raise the Federal min- Beyond 2014, America’s commitment know hackers steal people’s identities imum wage to $9.00 an hour. This sin- to a unified and sovereign Afghanistan and infiltrate private e-mail. We know gle step would raise the incomes of will endure, but the nature of our com- foreign countries and companies swipe millions of working families. It could mitment will change. We are negoti- our corporate secrets. Now our enemies mean the difference between groceries ating an agreement with the Afghan are also seeking the ability to sabotage or the food bank; rent or eviction; government that focuses on two mis- our power grid, our financial institu- scraping by or finally getting ahead. sions: training and equipping Afghan tions, and our air traffic control sys- For businesses across the country, it forces so that the country does not tems. We cannot look back years from would mean customers with more again slip into chaos, and counter-ter- now and wonder why we did nothing in money in their pockets. In fact, work- rorism efforts that allow us to pursue the face of real threats to our security ing folks shouldn’t have to wait year the remnants of al Qaeda and their af- and our economy. after year for the minimum wage to go filiates. up while CEO pay has never been high- Today, the organization that at- That’s why, earlier today, I signed a er. So here’s an idea that Governor tacked us on 9/11 is a shadow of its new Executive Order that will Romney and I actually agreed on last former self. Different al Qaeda affili- strengthen our cyber defenses by in- year: let’s tie the minimum wage to ates and extremist groups have creasing information sharing, and de- the cost of living, so that it finally be- emerged—from the Arabian Peninsula veloping standards to protect our na- comes a wage you can live on. to Africa. The threat these groups pose tional security, our jobs, and our pri- Tonight, let’s also recognize that is evolving. But to meet this threat, we vacy. Now, Congress must act as well, there are communities in this country don’t need to send tens of thousands of by passing legislation to give our gov- where no matter how hard you work, our sons and daughters abroad, or oc- ernment a greater capacity to secure it’s virtually impossible to get ahead. cupy other nations. Instead, we will our networks and deter attacks. Factory towns decimated from years of need to help countries like Yemen, Even as we protect our people, we plants packing up. Inescapable pockets Libya, and Somalia provide for their should remember that today’s world of poverty, urban and rural, where own security, and help allies who take presents not only dangers, but opportu- young adults are still fighting for their the fight to terrorists, as we have in nities. To boost American exports, sup- first job. America is not a place where Mali. And, where necessary, through a port American jobs, and level the play- chance of birth or circumstance should range of capabilities, we will continue ing field in the growing markets of decide our destiny. And that is why we to take direct action against those ter- Asia, we intend to complete negotia- need to build new ladders of oppor- rorists who pose the gravest threat to tions on a Trans-Pacific Partnership. tunity into the middle class for all who Americans. And tonight, I am announcing that we are willing to climb them. As we do, we must enlist our values will launch talks on a comprehensive Let’s offer incentives to companies in the fight. That is why my Adminis- Transatlantic Trade and Investment that hire Americans who’ve got what it tration has worked tirelessly to forge a Partnership with the European Union— takes to fill that job opening, but have durable legal and policy framework to because trade that is free and fair been out of work so long that no one guide our counterterrorism operations. across the Atlantic supports millions will give them a chance. Let’s put peo- Throughout, we have kept Congress of good-paying American jobs. ple back to work rebuilding vacant fully informed of our efforts. I recog- homes in run-down neighborhoods. And nize that in our democracy, no one We also know that progress in the this year, my Administration will should just take my word that we’re most impoverished parts of our world begin to partner with 20 of the hardest- doing things the right way. So, in the enriches us all. In many places, people hit towns in America to get these com- months ahead, I will continue to en- live on little more than a dollar a day. munities back on their feet. We’ll work gage with Congress to ensure not only So the United States will join with our with local leaders to target resources that our targeting, detention, and pros- allies to eradicate such extreme pov- at public safety, education, and hous- ecution of terrorists remains con- erty in the next two decades: by con- ing. We’ll give new tax credits to busi- sistent with our laws and system of necting more people to the global econ- nesses that hire and invest. And we’ll checks and balances, but that our ef- omy and empowering women; by giving work to strengthen families by remov- forts are even more transparent to the our young and brightest minds new op- ing the financial deterrents to mar- American people and to the world. portunities to serve and helping com- riage for low-income couples, and doing Of course, our challenges don’t end munities to feed, power, and educate more to encourage fatherhood—because with al Qaeda. America will continue themselves; by saving the world’s chil- what makes you a man isn’t the ability to lead the effort to prevent the spread dren from preventable deaths; and by to conceive a child; it’s having the of the world’s most dangerous weapons. realizing the promise of an AIDS-free courage to raise one. The regime in North Korea must know generation. Stronger families. Stronger commu- that they will only achieve security Above all America must remain a nities. A stronger America. It is this and prosperity by meeting their inter- beacon to all who seek freedom during kind of prosperity—broad, shared, and national obligations. Provocations of this period of historic change. I saw the built on a thriving middle class—that the sort we saw last night will only iso- power of hope last year in Rangoon— has always been the source of our late them further, as we stand by our when Aung San Suu Kyi welcomed an progress at home. It is also the founda- allies, strengthen our own missile de- American President into the home tion of our power and influence fense, and lead the world in taking firm where she had been imprisoned for throughout the world. action in response to these threats. years; when thousands of Burmese Tonight, we stand united in saluting Likewise, the leaders of Iran must lined the streets, waving American the troops and civilians who sacrifice recognize that now is the time for a flags, including a man who said, every day to protect us. Because of diplomatic solution, because a coali- ‘‘There is justice and law in the United them, we can say with confidence that tion stands united in demanding that States. I want our country to be like America will complete its mission in they meet their obligations, and we that.’’ Afghanistan, and achieve our objective will do what is necessary to prevent of defeating the core of al Qaeda. Al- them from getting a nuclear weapon. In defense of freedom, we will remain ready, we have brought home 33,000 of At the same time, we will engage Rus- the anchor of strong alliances from the our brave servicemen and women. This sia to seek further reductions in our Americas to Africa; from Europe to spring, our forces will move into a sup- nuclear arsenals, and continue leading Asia. In the Middle East, we will stand port role, while Afghan Security forces the global effort to secure nuclear ma- with citizens as they demand their uni- take the lead. Tonight, I can announce terials that could fall into the wrong versal rights, and support stable tran- that over the next year, another 34,000 hands—because our ability to influence sitions to democracy. The process will American troops will come home from others depends on our willingness to be messy, and we cannot presume to Afghanistan. This drawdown will con- lead. dictate the course of change in coun- tinue. And by the end of next year, our America must also face the rapidly tries like Egypt; but we can—and will— war in Afghanistan will be over. growing threat from cyber-attacks. We insist on respect for the fundamental

VerDate Mar 15 2010 05:09 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.040 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S655 rights of all people. will keep the pres- asking our help to get weapons of war We should follow the example of a po- sure on a Syrian regime that has mur- and massive ammunition magazines off lice officer named Brian Murphy. When dered its own people, and support oppo- our streets, because they are tired of a gunman opened fire on a Sikh temple sition leaders that respect the rights of being outgunned. in Wisconsin, and Brian was the first to every Syrian. And we will stand stead- Each of these proposals deserves a arrive, he did not consider his own fast with Israel in pursuit of security vote in Congress. If you want to vote safety. He fought back until help ar- and a lasting peace. These are the mes- no, that’s your choice. But these pro- rived and ordered his fellow officers to sages I will deliver when I travel to the posals deserve a vote. Because in the protect the safety of the Americans Middle East next month. two months since Newtown, more than worshipping inside—even as he lay All this work depends on the courage a thousand birthdays, graduations, and bleeding from twelve bullet wounds. and sacrifice of those who serve in dan- anniversaries have been stolen from When asked how he did that, Brian gerous places at great personal risk— our lives by a bullet from a gun. said, ‘‘That’s just the way we’re made.’’ our diplomats, our intelligence offi- One of those we lost was a young girl That’s just the way we’re made. cers, and the men and women of the named Hadiya Pendleton. She was 15 We may do different jobs, and wear United States Armed Forces. As long years old. She loved Fig Newtons and different uniforms, and hold different as I’m Commander in Chief, we will do lip gloss. She was a majorette. She was views than the person beside us. But as whatever we must to protect those who so good to her friends, they all thought Americans, we all share the same serve their country abroad, and we will they were her best friend. Just three proud title: maintain the best military in the weeks ago, she was here, in Wash- We are citizens. It’s a word that world. We will invest in new capabili- ington, with her classmates, per- doesn’t just describe our nationality or ties, even as we reduce waste and war- forming for her country at my inau- legal status. It describes the way we’re time spending. We will ensure equal guration. And a week later, she was made. It describes what we believe. It treatment for all service members, and shot and killed in a Chicago park after captures the enduring idea that this equal benefits for their families—gay school, just a mile away from my country only works when we accept and straight. We will draw upon the house. certain obligations to one another and courage and skills of our sisters and Hadiya’s parents, Nate and Cleo, are to future generations; that our rights daughters, because women have proven in this chamber tonight, along with are wrapped up in the rights of others; under fire that they are ready for com- more than two dozen Americans whose and that well into our third century as bat. We will keep faith with our vet- lives have been torn apart by gun vio- a Nation, it remains the task of us all, erans—investing in world-class care, lence. They deserve a vote. as citizens of these United States, to be Gabby Giffords deserves a vote. including mental health care, for our the authors of the next great chapter The families of Newtown deserve a in our American story. wounded warriors; supporting our mili- vote. tary families; and giving our veterans Thank you, God bless you, and God The families of Aurora deserve a bless the United States of America. the benefits, education, and job oppor- vote. tunities they have earned. And I want BARACK OBAMA. The families of Oak Creek, and Tuc- THE WHITE HOUSE, February 12, 2013. to thank my wife Michelle and Dr. Jill son, and Blacksburg, and the countless f Biden for their continued dedication to other communities ripped open by gun serving our military families as well as violence—they deserve a simple vote. EXECUTIVE AND OTHER they serve us. Our actions will not prevent every COMMUNICATIONS But defending our freedom is not the senseless act of violence in this coun- The following communications were job of our military alone. We must all try. Indeed, no laws, no initiatives, no laid before the Senate, together with do our part to make sure our God-given administrative acts will perfectly solve accompanying papers, reports, and doc- rights are protected here at home. all the challenges I’ve outlined tonight. uments, and were referred as indicated: That includes our most fundamental But we were never sent here to be per- EC–331. A communication from the Chair- right as citizens: the right to vote. fect. We were sent here to make what man and Chief Executive Officer, Farm Cred- When any Americans—no matter where difference we can, to secure this Na- it Administration, transmitting the Agen- they live or what their party—are de- tion, expand opportunity, and uphold cy’s proposed fiscal year 2014 budget; to the nied that right simply because they our ideals through the hard, often frus- Committee on Agriculture, Nutrition, and can’t wait for five, six, or seven hours trating, but absolutely necessary work Forestry. just to cast their ballot, we are betray- of self-government. EC–332. A communication from the Direc- ing our ideals. That’s why, tonight, I’m We were sent here to look out for our tor of the Regulatory Management Division, Environmental Protection Agency, transmit- announcing a non-partisan commission fellow Americans the same way they ting, pursuant to law, the report of a rule en- to improve the voting experience in look out for one another, every single titled ‘‘Hexythiazox; Pesticide Tolerances’’ America. And I’m asking two long-time day, usually without fanfare, all across (FRL No. 9376–9) received during adjourn- experts in the field, who’ve recently this country. We should follow their ment of the Senate in the Office of the Presi- served as the top attorneys for my example. dent of the Senate on February 5, 2013; to the campaign and for Governor Romney’s We should follow the example of a Committee on Agriculture, Nutrition, and campaign, to lead it. We can fix this, New York City nurse named Menchu Forestry. Sanchez. When Hurricane Sandy EC–333. A communication from the Direc- and we will. The American people de- tor of the Regulatory Management Division, mand it. And so does our democracy. plunged her hospital into darkness, her Environmental Protection Agency, transmit- Of course, what I’ve said tonight thoughts were not with how her own ting, pursuant to law, the report of a rule en- matters little if we don’t come to- home was faring—they were with the titled ‘‘Glycine max Herbicide-resistant gether to protect our most precious re- twenty precious newborns in her care Acetolactate Synthase; Exemption from the source—our children. and the rescue plan she devised that Requirement of a Tolerance’’ (FRL No. 9376– It has been two months since New- kept them all safe. 4) received during adjournment of the Senate town. I know this is not the first time We should follow the example of a in the Office of the President of the Senate this country has debated how to reduce North Miami woman named Desiline on February 5, 2013; to the Committee on Ag- riculture, Nutrition, and Forestry. gun violence. But this time is different. Victor. When she arrived at her polling EC–334. A communication from the Direc- Overwhelming majorities of Ameri- place, she was told the wait to vote tor of the Regulatory Management Division, cans—Americans who believe in the might be six hours. And as time ticked Environmental Protection Agency, transmit- 2nd Amendment—have come together by, her concern was not with her tired ting, pursuant to law, the report of a rule en- around commonsense reform—like body or aching feet, but whether folks titled ‘‘Thiacloprid; Pesticide Tolerances’’ background checks that will make it like her would get to have their say. (FRL No. 9374–9) received during adjourn- harder for criminals to get their hands Hour after hour, a throng of people ment of the Senate in the Office of the Presi- on a gun. Senators of both parties are stayed in line in support of her. Be- dent of the Senate on February 5, 2013; to the Committee on Agriculture, Nutrition, and working together on tough new laws to cause Desiline is 102 years old. And Forestry. prevent anyone from buying guns for they erupted in cheers when she finally EC–335. A communication from the Acting resale to criminals. Police chiefs are put on a sticker that read ‘‘I Voted.’’ Congressional Review Coordinator, Animal

VerDate Mar 15 2010 05:09 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.041 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S656 CONGRESSIONAL RECORD — SENATE February 12, 2013 and Plant Health Inspection Service, Depart- mitting, pursuant to law, a report entitled Commission, transmitting, pursuant to law, ment of Agriculture, transmitting, pursuant ‘‘First Five-Year Review of the Compact of a report entitled ‘‘Overview of Medicaid and to law, the report of a rule entitled ‘‘Texas Free Association, As Amended, Between the CHIP’’; to the Committee on Finance. (Splenetic) Fever in Cattle’’ (Docket No. Governments of the United States and the EC–354. A communication from the Sec- APHIS–2012–0069) received in the Office of the Republic of the Marshall Islands’’; to the retary of Health and Human Services, trans- President of the Senate on February 7, 2013; Committee on Energy and Natural Re- mitting, pursuant to law, a report entitled to the Committee on Agriculture, Nutrition, sources. ‘‘Recovery Auditing in the Medicare and and Forestry. EC–345. A communication from the Direc- Medicaid Program’’; to the Committee on Fi- EC–336. A communication from the Con- tor of Insular Affairs, Office of the Sec- nance. gressional Review Coordinator, Animal and retary, Department of the Interior, trans- EC–355. A joint communication from the Plant Health Inspection Service, Department mitting, pursuant to law, a report entitled Secretary of Health and Human Services and of Agriculture, transmitting, pursuant to ‘‘First Five-Year Review of the Compact of the Attorney General, transmitting, pursu- law, the report of a rule entitled ‘‘Importa- Free Association, As Amended, Between the ant to law, an annual report relative to the tion of Fresh Bananas From the Philippines Governments of the United States and the Health Care Fraud and Abuse Control Pro- into the Continental United States’’ Federated States of Micronesia’’; to the gram for fiscal year 2012; to the Committee ((RIN0579–AD61) (Docket No. APHIS–2011– Committee on Energy and Natural Re- on Finance. 0028)) received in the Office of the President sources. EC–356. A communication from the Pro- of the Senate on February 7, 2013; to the EC–346. A communication from the Acting gram Manager, Centers for Medicare and Committee on Agriculture, Nutrition, and General Counsel, Federal Energy Regulatory Medicaid Services, Department of Health Forestry. Commission, transmitting, pursuant to law, and Human Services, transmitting, pursuant EC–337. A communication from the Direc- the report of a rule entitled ‘‘Annual Charges to law, the report of a rule entitled ‘‘Medi- tor of Regulations and Policy Management for Use of Government Lands’’ (Docket No. care, Medicaid, Children’s Health Insurance Staff, Food and Drug Administration, De- RM11–6–000) received in the Office of the Programs; Transparency Reports and Re- partment of Health and Human Services, President of the Senate on February 4, 2013; porting of Physician Ownership or Invest- transmitting, pursuant to law, the report of to the Committee on Energy and Natural Re- ment Interests’’ (RIN0938–AR33) received a rule entitled ‘‘Criteria Used to Order Ad- sources. during adjournment of the Senate in the Of- ministrative Detention of Food for Human or EC–347. A communication from the Direc- fice of the President of the Senate on Feb- Animal Consumption’’ ((RIN0910–AG67) tor, Office of Surface Mining, Department of ruary 8, 2013; to the Committee on Finance. EC–357. A communication from the Chief of (Docket No. FDA–2011–N–0197)) received dur- the Interior, transmitting, pursuant to law, the Publications and Regulations Branch, In- ing adjournment of the Senate in the Office the report of a rule entitled ‘‘Montana Regu- ternal Revenue Service, Department of the of the President of the Senate on February 8, latory Program’’ (Docket No. MT–032–FOR) Treasury, transmitting, pursuant to law, the received during adjournment of the Senate 2013; to the Committee on Agriculture, Nu- report of a rule entitled ‘‘Update of Weighted in the Office of the President of the Senate trition, and Forestry. Average Interest Rates, Yield Curves, and EC–338. A communication from the Presi- on February 6, 2013; to the Committee on En- Segment Rates’’ (Notice 2013–6) received dur- dent of the United States, transmitting, pur- ergy and Natural Resources. ing adjournment of the Senate in the Office suant to law, a report relative to the Dis- EC–348. A communication from the Direc- of the President of the Senate on February 8, aster Relief Appropriations Act, 2013; to the tor, Office of Surface Mining, Department of 2013; to the Committee on Finance. the Interior, transmitting, pursuant to law, Committee on Appropriations. EC–358. A communication from the Chief of EC–339. A joint communication from the the report of a rule entitled ‘‘Utah Regu- the Publications and Regulations Branch, In- Vice Chairman of the Joint Chiefs of Staff latory Program’’ (Docket No. UT–047–FOR) ternal Revenue Service, Department of the and the Under Secretary of Defense (Intel- received during adjournment of the Senate Treasury, transmitting, pursuant to law, the ligence), transmitting, pursuant to law, a re- in the Office of the President of the Senate report of a rule entitled ‘‘Reconsideration of port relative to maintaining the EP–3E Air- on February 6, 2013; to the Committee on En- Tax-Exempt AFR’’ (Notice 2013–4) received borne Reconnaissance Integrated Electronic ergy and Natural Resources. during adjournment of the Senate in the Of- EC–349. A communication from the Direc- System II and the Special Projects Aircraft fice of the President of the Senate on Feb- platform in a manner that meets the intel- tor, Office of Surface Mining, Department of ruary 8, 2013; to the Committee on Finance. ligence, surveillance and reconnaissance re- the Interior, transmitting, pursuant to law, EC–359. A communication from the Chief of quirements of the Commanders of the Com- the report of a rule entitled ‘‘Tennessee the Publications and Regulations Branch, In- batant Commands; to the Committee on Abandoned Mine Land Program’’ (Docket ternal Revenue Service, Department of the Armed Services. No. TN–001–FOR) received during adjourn- Treasury, transmitting, pursuant to law, the EC–340. A communication from the Acting ment of the Senate in the Office of the Presi- report of a rule entitled ‘‘Noncompensatory Under Secretary of Defense (Personnel and dent of the Senate on February 6, 2013; to the Partnership Options’’ ((RIN1545–BA53) (TD Readiness), transmitting a report on the ap- Committee on Energy and Natural Re- 9612)) received in the Office of the President proved retirement of Lieutenant General Mi- sources. of the Senate on February 7, 2013; to the chael D. Barbero, United States Army, and EC–350. A communication from the Direc- Committee on Finance. his advancement to the grade of lieutenant tor, Office of Surface Mining, Department of EC–360. A communication from the Assist- general on the retired list; to the Committee the Interior, transmitting, pursuant to law, ant Secretary, Bureau of Political-Military on Armed Services. the report of a rule entitled ‘‘Wyoming Regu- Affairs, Department of State, transmitting, EC–341. A communication from the Acting latory Program’’ (Docket No. WY–040–FOR) pursuant to law, an addendum to a certifi- Secretary of the Treasury, transmitting, received during adjournment of the Senate cation, transmittal number: DDTC 13–016, of pursuant to law, a six-month periodic report in the Office of the President of the Senate the proposed sale or export of defense arti- on the national emergency with respect to on February 8, 2013; to the Committee on En- cles and/or defense services to a Middle East persons undermining democratic processes ergy and Natural Resources. country regarding any possible affects such a or institutions in Zimbabwe that was de- EC–351. A communication from the Direc- sale might have relating to Israel’s Quali- clared in Executive Order 13288 of March 6, tor of the Regulatory Management Division, tative Military Edge over military threats to 2003; to the Committee on Banking, Housing, Environmental Protection Agency, transmit- Israel; to the Committee on Foreign Rela- and Urban Affairs. ting, pursuant to law, the report of a rule en- tions. EC–342. A communication from the General titled ‘‘Approval and Promulgation of Air EC–361. A communication from the Assist- Counsel of the National Credit Union Admin- Quality Implementation Plans; Maryland; ant Secretary, Bureau of Political-Military istration, transmitting, pursuant to law, the Amendments to Maryland’s Ambient Air Affairs, Department of State, transmitting, report of a rule entitled ‘‘Designation of Quality Standards’’ (FRL No. 9777–2) re- pursuant to law, an addendum to a certifi- Low-Income Status; Acceptance of Sec- ceived during adjournment of the Senate in cation, transmittal number: DDTC 13–002, of ondary Capital Accounts by Low-Income the Office of the President of the Senate on the proposed sale or export of defense arti- Designated Credit Unions’’ (RIN3133–AE09) February 5, 2013; to the Committee on Envi- cles and/or defense services to a Middle East received in the Office of the President of the ronment and Public Works. country regarding any possible affects such a Senate on February 7, 2013; to the Com- EC–352. A communication from the Direc- sale might have relating to Israel’s Quali- mittee on Banking, Housing, and Urban Af- tor of the Regulatory Management Division, tative Military Edge over military threats to fairs. Environmental Protection Agency, transmit- Israel; to the Committee on Foreign Rela- EC–343. A communication from the Deputy ting, pursuant to law, the report of a rule en- tions. Director for Management, Office of Manage- titled ‘‘Approval and Promulgation of Imple- EC–362. A communication from the Acting ment and Budget, Executive Office of the mentation Plans; New Jersey and New York Assistant Secretary of State, Legislative Af- President, transmitting, pursuant to law, a Ozone Attainment Demonstrations’’ (FRL fairs, transmitting, pursuant to law, a report report relative to the Disaster Relief Appro- No. 9778–5) received during adjournment of relative to the interdiction of aircraft en- priations Act, 2013; to the Committee on the the Senate in the Office of the President of gaged in illicit drug trafficking; to the Com- Budget. the Senate on February 5, 2013; to the Com- mittee on Foreign Relations. EC–344. A communication from the Direc- mittee on Environment and Public Works. EC–363. A communication from the Acting tor of Insular Affairs, Office of the Sec- EC–353. A communication from the Chair Assistant Secretary of State, Legislative Af- retary, Department of the Interior, trans- of the Medicaid and CHIP Payment Access fairs, transmitting, pursuant to law, a report

VerDate Mar 15 2010 05:09 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.027 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S657 relative to Technical Collection for the New * Charles Timothy Hagel, of Ne- Business Administration; to the Committee START Treaty (OSS–2013–0163); to the Com- braska, to be Secretary of Defense. on Small Business and Entrepreneurship. mittee on Foreign Relations. * Nomination was reported with rec- f EC–364. A communication from the Pro- gram Manager, Centers for Disease Control ommendation that it be confirmed sub- SUBMISSION OF CONCURRENT AND and Prevention, Department of Health and ject to the nominee’s commitment to SENATE RESOLUTIONS respond to requests to appear and tes- Human Services, transmitting, pursuant to The following concurrent resolutions law, the report of a rule entitled ‘‘Foreign tify before any duly constituted com- and Senate resolutions were read, and Quarantine; Import Regulations for Infec- mittee of the Senate. tious Biological Agents, Infectious Sub- referred (or acted upon), as indicated: f stances, and Vectors’’ (RIN0920–AA37) re- By Mr. REID: ceived in the Office of the President of the INTRODUCTION OF BILLS AND S. Res. 29. A resolution to constitute the Senate on February 4, 2013; to the Com- JOINT RESOLUTIONS majority party’s membership on certain mittee on Health, Education, Labor, and committees for the One Hundred Thirteenth Pensions. The following bills and joint resolu- Congress, or until their successors are cho- EC–365. A communication from the Pro- tions were introduced, read the first sen; considered and agreed to. gram Manager, Centers for Disease Control and second times by unanimous con- By Mr. UDALL of Colorado (for him- and Prevention, Department of Health and sent, and referred as indicated: self, Mr. ROBERTS, and Mr. ENZI): S. Res. 30. A resolution establishing the Human Services, transmitting, pursuant to By Mr. THUNE (for himself, Mr. law, the report of a rule entitled ‘‘Establish- Committee to Reduce Government Waste; to PORTMAN, Mr. CHAMBLISS, and Mr. ment of User Fees for Filovirus Testing of the Committee on Rules and Administration. VITTER): Nonhuman Primate Liver Samples’’ S. 280. A bill to ensure effective control f (RIN0920–AA47) received in the Office of the over the Congressional budget process; to the ADDITIONAL COSPONSORS President of the Senate on February 11, 2013; Committee on the Budget. to the Committee on Health, Education, By Mr. GRASSLEY (for himself, Mr. S. 22 Labor, and Pensions. JOHNSON of South Dakota, Mr. ENZI, At the request of Mr. LAUTENBERG, EC–366. A communication from the Direc- and Mr. BROWN): the name of the Senator from Massa- tor of the Office of Standards, Regulations, S. 281. A bill to amend the Food Security chusetts (Mr. COWAN) was added as a and Variances, Mine Safety and Health Ad- Act of 1985 to restore integrity to and cosponsor of S. 22, a bill to establish ministration, Department of Labor, trans- strengthen payment limitation rules for mitting, pursuant to law, the report of a rule background check procedures for gun commodity payments and benefits; to the shows. entitled ‘‘Pattern of Violations’’ (RIN1219– Committee on Agriculture, Nutrition, and AB73) received during adjournment of the Forestry. S. 33 Senate in the Office of the President of the By Mr. BEGICH: At the request of Mr. LAUTENBERG, Senate on February 1, 2013; to the Com- S. 282. A bill to amend the Elementary and the name of the Senator from Massa- mittee on Health, Education, Labor, and Secondary Education Act of 1965 to establish chusetts (Mr. COWAN) was added as a Pensions. a new counseling program; to the Committee EC–367. A communication from the Direc- cosponsor of S. 33, a bill to prohibit the on Health, Education, Labor, and Pensions. tor of the Regulations, Legislation, and In- transfer or possession of large capacity By Mr. BEGICH (for himself and Mr. terpretation Division, Wage and Hour Divi- ammunition feeding devices, and for LEAHY): sion, Department of Labor, transmitting, other purposes. S. 283. A bill to amend the Elementary and pursuant to law, the report of a rule entitled Secondary Education Act of 1965 to invest in S. 34 ‘‘The Family and Medical Leave Act’’ innovation for education; to the Committee At the request of Mr. LAUTENBERG, (RIN1215–AB76, RIN1235–AA03) received in on Health, Education, Labor, and Pensions. the name of the Senator from Massa- the Office of the President of the Senate on By Mr. UDALL of New Mexico (for February 7, 2013; to the Committee on chusetts (Mr. COWAN) was added as a himself and Mr. HEINRICH): Health, Education, Labor, and Pensions. cosponsor of S. 34, a bill to increase S. 284. A bill to transfer certain facilities, EC–368. A communication from the Sec- public safety by permitting the Attor- easements, and rights-of-way to Fort Sum- retary of Health and Human Services, trans- ney General to deny the transfer of ner Irrigation District, New Mexico; to the mitting, pursuant to law, a report entitled Committee on Energy and Natural Re- firearms or the issuance of firearms ‘‘Federal Agency Drug-Free Workplace Pro- sources. and explosives licenses to known or grams’’; to the Committee on Health, Edu- By Mr. UDALL of New Mexico (for suspected dangerous terrorists. cation, Labor, and Pensions. EC–369. A communication from the Chair- himself and Mr. HEINRICH): S. 58 man of the Merit Systems Protection Board, S. 285. A bill to designate the Valles At the request of Mrs. BOXER, the transmitting, pursuant to law, a report enti- Caldera National Preserve as a unit of the name of the Senator from Florida (Mr. tled ‘‘Managing Public Employees in the National Park System, and for other pur- NELSON) was added as a cosponsor of S. Public Interest: Employee Perspectives on poses; to the Committee on Energy and Nat- 58, a bill to amend the Help America Merit Principles in Federal Workplaces’’; to ural Resources. By Mr. REED (for himself, Mr. GRASS- Vote Act of 2002 to ensure that voters the Committee on Homeland Security and in elections for Federal office do not Governmental Affairs. LEY, and Mr. LEAHY): EC–370. A communication from the Sec- S. 286. A bill to enhance civil penalties wait in long lines in order to vote. retary of the Army, transmitting, pursuant under the Federal securities laws, and for S. 84 to law, a report relative to reservations other purposes; to the Committee on Bank- At the request of Ms. MIKULSKI, the made for internment at Arlington National ing, Housing, and Urban Affairs. names of the Senator from California By Mr. BEGICH (for himself, Mr. Cemetery; to the Committee on Veterans’ (Mrs. FEINSTEIN), the Senator from TESTER, Mr. BLUMENTHAL, Mr. Affairs. North Dakota (Ms. HEITKAMP) and the PRYOR, and Mr. BOOZMAN): EC–371. communication from the Director Senator from Massachusetts (Mr. of the Regulation Policy and Management S. 287. A bill to amend title 38, United Office of the General Counsel, Veterans States Code, to expand the definition of COWAN) were added as cosponsors of S. Health Administration, Department of Vet- homeless veteran for purposes of benefits 84, a bill to amend the Fair Labor erans Affairs, transmitting, pursuant to law, under the laws administered by the Sec- Standards Act of 1938 to provide more the report of a rule entitled ‘‘Disclosures to retary of Veterans Affairs, and for other pur- effective remedies to victims of dis- Participate in State Prescription Drug Moni- poses; to the Committee on Veterans’ Af- crimination in the payment of wages toring Programs’’ (RIN2900–AO45) received fairs. on the basis of sex, and for other pur- By Ms. LANDRIEU (for herself and Mr. during adjournment of the Senate in the Of- poses. fice of the President of the Senate on Feb- PRYOR): S. 91 ruary 8, 2013; to the Committee on Veterans’ S. 288. A bill to increase the participation Affairs. of historically underrepresented demo- At the request of Mr. VITTER, the graphic groups in science, technology, engi- name of the Senator from Nebraska f neering, and mathematics education and in- (Mrs. FISCHER) was added as a cospon- EXECUTIVE REPORT OF dustry; to the Committee on Commerce, sor of S. 91, a bill to amend the Inter- COMMITTEE Science, and Transportation. nal Revenue Code of 1986 to clarify eli- By Ms. LANDRIEU (for herself and gibility for the child tax credit. The following executive report of a Mrs. SHAHEEN): nomination was submitted: S. 289. A bill to extend the low-interest re- S. 119 By Mr. LEVIN for the Committee on financing provisions under the Local Devel- At the request of Mrs. BOXER, the Armed Services. opment Business Loan Program of the Small names of the Senator from California

VerDate Mar 15 2010 05:51 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.029 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S658 CONGRESSIONAL RECORD — SENATE February 12, 2013 (Mrs. FEINSTEIN), the Senator from erans Affairs for their disability and ei- my proposed reforms in a minute after Connecticut (Mr. BLUMENTHAL), the ther retired pay by reason of their I say just a few words about the overall Senator from Alaska (Mr. BEGICH), the years of military service or Combat- farm bill picture. Senator from New York (Mrs. GILLI- Related Special Compensation, and for As we all know, Congress was not BRAND), the Senator from New Jersey other purposes. able to complete work on the farm bill (Mr. LAUTENBERG) and the Senator S. 263 last year. But that is not for a lack of from Oregon (Mr. MERKLEY) were added At the request of Ms. AYOTTE, the desire by either the Senate nor the as cosponsors of S. 119, a bill to pro- name of the Senator from Wisconsin House Agriculture Committees. There hibit the application of certain restric- (Mr. JOHNSON) was withdrawn as a co- remains a desire to get a 5-year bill tive eligibility requirements to foreign sponsor of S. 263, a bill to amend the passed. nongovernmental organizations with Balanced Budget and Emergency Def- Supporters of the farm bill need to respect to the provision of assistance icit Control Act of 1985 to modify the take a hard look at what challenges under part I of the Foreign Assistance discretionary spending limits to take were presented last year to getting the Act of 1961. into account savings resulting from the bill done. We need to forge ahead know- S. 148 reduction in the number of Federal em- ing some tough decisions need to be At the request of Mrs. BOXER, the ployees. made. For the Senate, we need to consider name of the Senator from Massachu- AMENDMENT NO. 21 whether it is realistic that we only re- setts (Mr. COWAN) was added as a co- At the request of Mr. LEAHY, the sponsor of S. 148, a bill to safeguard duce $4 billion out of the nearly $800 name of the Senator from Florida (Mr. billion nutrition title. More can and America’s schools by using community RUBIO) was added as a cosponsor of policing strategies to prevent school should be done. The nutrition title amendment No. 21 proposed to S. 47, a comprised by far and away the largest violence and improve student and bill to reauthorize the Violence school safety. expenditure in the bill. Against Women Act of 1994. There are more reforms we can make S. 150 f to programs such as food stamps, and At the request of Mrs. FEINSTEIN, the they are reforms that cut down on name of the Senator from Massachu- STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS waste, fraud, and abuse in the program setts (Mr. COWAN) was added as a co- but also safeguard assistance for people sponsor of S. 150, a bill to regulate as- By Mr. GRASSLEY (for himself, who need it. sault weapons, to ensure that the right Mr. JOHNSON of South Dakota, There are other programs we need to to keep and bear arms is not unlimited, Mr. ENZI, and Mr. BROWN): take a fresh look at. Should we accept and for other purposes. S. 281. A bill to amend the Food Se- the status quo on the sugar program? S. 168 curity Act of 1985 to restore integrity How do we handle dairy policy? What At the request of Mr. HARKIN, the to and strengthen payment limitation policy can we implement in the com- name of the Senator from Massachu- rules for commodity payments and modity program that won’t distort setts (Mr. COWAN) was added as a co- benefits; to the Committee on Agri- planting decisions but maintains an ef- sponsor of S. 168, a bill to amend the culture, Nutrition, and Forestry. fective safety net? Fair Labor Standards Act of 1938 to Mr. GRASSLEY. Mr. President, I rise These are some of the many issues we prohibit discrimination in the payment today to talk about the farm bill and need to debate again and decide. I, for of wages on account of sex, race, or na- then specifically about reforming pay- one, hope we are able to start soon and tional origin, and for other purposes. ment limits for farm programs. work together to get a 5-year bill com- S. 174 As one looks back to the fall of 2011 pleted this year. Our farmers and rural At the request of Mr. BLUMENTHAL, and the failure of what was referred to communities deserve to have certainty. the name of the Senator from Massa- as the ‘‘supercommittee,’’ we saw When we do move forward on drafting chusetts (Mr. COWAN) was added as a many committees continue on with a new farm bill, I will again be pushing cosponsor of S. 174, a bill to appro- business as usual afterwards. However, for the reforms to payment limita- priately restrict sales of ammunition. one committee’s members took it upon tions. That is why today I am intro- themselves to continue efforts to tack- S. 217 ducing the Farm Program Integrity le spending and propose meaningful Act of 2013 with Senators JOHNSON of At the request of Mrs. MURRAY, the cuts—the Senate Agriculture Com- name of the Senator from New Mexico South Dakota, Senator ENZI, and Sen- mittee. ator BROWN. (Mr. HEINRICH) was added as a cospon- For that matter, the House Agri- sor of S. 217, a bill to amend the Ele- The proposed legislation strikes a culture Committee worked towards needed balance of recognizing the need mentary and Secondary Education Act that end as well. I commend Chairman of 1965 to require the Secretary of Edu- for a farm safety net while making STABENOW and then Ranking Member cation to collect information from co- sure we have a defensible and respon- ROBERTS for corralling the many ideas educational elementary schools and sible safety net. of the members of the committee to In case there is any doubt, we do secondary schools on such schools’ ath- write a bill that cut $23 billion. need a farm program safety net. For letic programs, and for other purposes. We were able to work in committee those who argue we do not need a safe- S. 223 to get the bill done. We were able to ty net for our farmers, I argue they do At the request of Ms. MIKULSKI, the work in a bipartisan manner to get the not understand the danger of a nation name of the Senator from Minnesota bill across the Senate floor. It is how which does not produce its own food. (Ms. KLOBUCHAR) was added as a co- legislation is supposed to be considered Take Germany and Japan during sponsor of S. 223, a bill to amend sec- and debated in the Senate. World War II, for instance. There came tion 217 of the Immigration and Na- One of the measures in last year’s a point where their soldiers had dif- tionality Act to modify the visa waiver farm bill was my proposal reforming ficulty fighting because they didn’t program, and for other purposes. payment limitations in the farm pro- have food to eat. So today their respec- S. 234 gram. tive governments maintain vigorous At the request of Mr. REID, the Adopting reforms to payment limita- support for their farmers. names of the Senator from Iowa (Mr. tions contributed to the $23 billion in It is a matter of social cohesion as HARKIN) and the Senator from Nevada savings. Beyond just being a part of well. Without a secure source of food, (Mr. HELLER) were added as cosponsors saving money, these reforms help en- we jeopardize our very way of life. of S. 234, a bill to amend title 10, sure farm payments go to those who Look around the world where there is United States Code, to permit certain they were originally intended—small hunger and you see rioting, stealing, retired members of the uniformed serv- and medium-size farmers. and other acts of violence. We need our ices who have a service-connected dis- In addition, the reforms include clos- farmers to keep producing our food. ability to receive both disability com- ing off loopholes so nonfarmers can’t For all the advances in modern agri- pensation from the Department of Vet- game the system. I will come back to culture, farmers are still subject to

VerDate Mar 15 2010 05:51 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.022 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S659 conditions out of their control. Just The Farm Program Integrity Act of at $40,000 and counter-cyclical pay- look at the drought that still grips 2013 is the same in purpose as what it ments are capped at $65,000; addition- much of the U.S. states in the name. This is about in- ally, there is no cap on marketing loan Without an adequate safety net, creasing the integrity of the program. gains and loan deficiency payments, some farmers would be left with no My colleagues here in the Senate and thus, there is effectively no total ability to make it the following year. agreed with me last year as we in- limitation. This is unacceptable. With- That would mean potentially less food cluded these pivotal reforms in the out a cap on payments, the Federal being produced for an ever-increasing farm bill. I am confident these reforms Government is subsidizing producers to world population. That is a scary pros- will garner similar approval in the get bigger, which in turn makes it pect. 113th Congress. more difficult for the smaller family While farmers need a safety net, I mentioned earlier how we need to farmers, and particularly young and there does come a point where a farmer assess some of the challenging areas of beginning producers, to survive. gets big enough and financially secure farm policy as we look to pass a 5-year Last June, we took some meaningful so that he can weather tough times farm bill, and some tough decisions steps in the Senate to address the without much assistance from the gov- need to be made. structure of our farm support system. ernment. However, my proposed reforms re- Senators from both sides of the aisle Somehow, though, over the years garding payment limits do not pose a came together to pass the Agriculture there has developed this perverse sce- tough decision. They are common sense Reform, Food, and Jobs Act, S. 3240, nario where big farmers are receiving and necessary reforms. commonly referred to as the farm bill, the lion’s share of farm program pay- Mr. JOHNSON of South Dakota. Mr. ments. We now have the largest 10 per- with broad support. The bill, as passed President, I rise today to join with my out of the Senate Agriculture Com- cent of farmers receiving nearly 70 per- friend and colleague from Iowa, CHUCK cent of farm payments. mittee, contained a hard cap of $50,000 GRASSLEY, in introducing the Farm on payments under the new Agri- There is nothing wrong with a farmer Program Integrity Act of 2013, which growing his operation, but the tax- culture Risk Coverage, ARC, program, would establish commonsense, mean- a program developed to replace the an- payer should not be subsidizing large ingful farm program payment limita- farming operations to grow even larg- tiquated direct and counter-cyclical tions. I am pleased that Senator programs. er. By having reasonable caps on the SHERROD BROWN and Senator MIKE ENZI The committee-reported bill also amount of farm program payments any are also joining us in this effort. At a contained important language to close one farmer can receive, it helps ensure time when our country faces signifi- loopholes that have allowed ‘‘paper- the program meets the intent of assist- cant budgetary constraints, it is im- partners,’’ or individuals not directly ing small and medium-size farmers portant that we look for bipartisan and engaged in the farming operation, to through tough times. commonsense approaches to restruc- My proposed caps on payments will receive farm program payments. The turing programs in such a way that im- also help encourage the next genera- bill created an important new standard proves their effectiveness while also re- tion of rural Americans to take up for determining who qualifies as a farm ducing the deficit. Our legislation will farming. manager. In addition to the language do that, and our approach has already I am approached time and again incorporated into the underlying bill, about how to help young people get garnered widespread support. The current structure of our farm Senator GRASSLEY and I also offered an into farming. When large farmers are support program has, in a number of amendment during floor consideration able to use farm program payments to ways, failed rural America. In 2008, the to cap marketing loan gains and loan drive up the cost of land and rental largest 12.4 percent of farms received deficiency payments at $75,000. Our rates, our farm programs end up hurt- 62.4 percent of farm program payments, amendment passed overwhelmingly ing those they are meant to help. according to the United States Depart- with 75 votes. It is simply good policy to have a The House Agriculture Committee hard cap on the amount a farmer can ment of Agriculture’s Economic Re- search Service, USDA ERS. With such marked up and reported its own receive in farm program payments. We version of the farm bill reauthoriza- will keep in place a much needed safety a disproportionate share of the pro- gram going to the largest, most cap- tion. Unfortunately, the House leader- net for the farmers who need it most. ship refused to bring the bill to the And it will help reduce the negative italized operations, the small and me- dium-sized family farmers are squeezed floor before the end of 2012. As a result, impact farm payments have on land Congress was left in the position of prices. out of the business. The farm bill is in- tended to provide programs that func- having to pass an extension of the 2008 Our bill sets the overall cap at farm bill, and push off work on a full $250,000 for a married couple. In my tion as a safety net for farmers, but it has instead become a cash cow for the reauthorization, including the impor- State, many people would say this is tant reforms we included in the Sen- still too high. few large producers. We must maintain a safety net for producers, but the sys- ate-passed bill, until the 113th Con- But I recognize that agriculture can gress. look different around the country, and tem must be targeted to family farm- The legislation we are offering today so this is a compromise. ers instead of large agribusinesses. Just as important to setting a hard The 2008 farm bill took some impor- combines the cap on farm program pay- cap on payments is closing off loop- tant steps to strengthen the integrity ments and language to close loopholes holes that have allowed nonfarmers to of our farm support system. The bill es- from the Senate-passed bill. As Con- game the farm program. tablished an income threshold for pro- gress proceeds with reauthorizing our The bill being introduced today will gram eligibility in which payments are farm programs, I will continue pushing do this by cutting off the ability of limited to producers with less than to ensure that we finally provide for these nonfarmers from abusing what is $500,000 in non-farm Adjusted Gross In- meaningful payment limitations and referred to as the ‘‘actively engaged’’ come, AGI, and $750,000 in on-farm AGI, target assistance to small and medium- test. for a total limit of $1.25 million AGI. sized family farms. In essence, the law says one has to be Additionally, the law eliminated the As the most important industry in actively engaged in farming to qualify triple-entity loophole and required South Dakota, agriculture is the eco- for farm payments. However, this has that payments go to a specific indi- nomic engine that drives our rural been exploited by people who have vir- vidual through direct attribution. communities. Without viable family tually nothing to do with the farming These were important first steps. How- farmers and ranchers, our small towns operation yet receive payments from ever, there is much more we must do to and Main Street businesses would face the farm program. restore integrity to our farm programs. significant financial hardships. I have Our Nation has over $16 trillion in Under the current law, we have a sys- worked with Senator GRASSLEY on this debt. We cannot afford to simply look tem of support for producers in the issue for a number of years, and I’m the other way and let people abuse the form of direct and counter-cyclical proud to once again join with him farm program. payments. Direct payments are capped today to continue this important fight.

VerDate Mar 15 2010 05:51 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.001 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S660 CONGRESSIONAL RECORD — SENATE February 12, 2013 By Mr. REED (for himself, Mr. Our bill also would allow penalties 98 percent of businesses. As Chair of GRASSLEY, and Mr. LEAHY): equal to three times the economic gain the Senate Committee on Small Busi- S. 286. A bill to enhance civil pen- of the violator. It provides a new cal- ness and Entrepreneurship, I remain fo- alties under the Federal securities culation method that includes the cused on the needs of these small busi- laws, and for other purposes; to the amount of associated investor losses as nesses. That is why I am here today to Committee on Banking, Housing, and part of the penalty determination. This introduce a bill that I believe will help Urban Affairs. should allow the SEC to address situa- spur job creation among small busi- Mr. REED. Mr. President, today I am tions where the actual economic gain nesses. reintroducing the Strengthening En- to the violator is relatively small com- As you know, right now our country forcement of Civil Penalties Act or the pared to the extent of the wrongdoing is only slowly recovering from the SEC Penalties Act with my colleague, or the harm caused to investors. worst economic downturn since the Senator GRASSLEY. I am pleased that The SEC Penalties Act also addresses Great Depression. This economic down- Senator LEAHY has joined us in intro- the disconcerting trend of repeat of- turn disproportionately affected small ducing the bill this year. fenders on Wall Street. Our bill in- businesses and, in turn, stifled their The SEC Penalties Act will enhance cludes two statutory changes to sub- ability to generate growth for the the ability of securities regulators to stantially improve the ability of the country. Sadly, since November 2008, 80 protect investors and demand greater SEC’s enforcement program to ratchet percent of the job losses have come accountability from market players. up penalties for recidivists. from small businesses. An estimated Unfortunately, even after the financial One provision would allow the SEC to 2.16 million jobs were lost in the pri- crisis that crippled the economy, some triple the applicable penalty cap for re- vate sector from November 2008 on Wall Street continue to pursue prof- cidivists who, within the preceding five through February 2009—nearly 40 per- its at all costs, making the calculated years, have been criminally convicted cent from businesses with less than 50 decision to do wrong and move on. of securities fraud or been the subject employees. Ten jobs lost here and five Without the consequence of meaningful of a judgment or order imposing mone- jobs there add up. These are the job penalties to impact decision-making, I losses that hurt our economy, our com- fear we will continue to witness a dis- tary, equitable, or administrative re- munities and our families. turbing culture of misconduct by some lief in any action alleging SEC fraud. The other provision would allow the With this in mind, I was proud to on Wall Street. lead Congressional efforts to enact the The current regime for securities law SEC to seek a civil penalty if an indi- Small Business Jobs Act of 2010, Public violations limits by statute the vidual or entity has violated an exist- Law 111–240. President Obama signed amount of penalties the Securities and ing federal court injunction or bar im- this legislation into law on September Exchange Commission, SEC, can fine posed by the SEC. Many believe this 27, 2010. This legislation focused on the an institution or individual. During approach would be more efficient, ef- three ‘‘C’s’’ important to small busi- hearings I held in 2011 in the Securi- fective, and flexible than the current nesses: Capital, Contracting, and Coun- ties, Insurance, and Investment Bank- civil contempt remedy. seling. Today I would like to focus on ing Subcommittee, I found out how Finally, under the SEC Penalties this limitation significantly ties the Act, the penalty relief available in ad- Capital and more specifically, on the hands of the SEC in performing its en- ministrative proceedings would be the Small Business Administration’s 504 forcement duties. At that time, the same as it is in district court. Loan Refinancing Program, which un- agency had been criticized by a Federal The nearly one-half of all U.S. house- fortunately expired in September 2012. The 504 loan program is a long-term judge for not obtaining a larger settle- holds that own securities deserve a financing tool for economic develop- ment against Citigroup, a major player strong cop on the beat that has the ment that provides small businesses in the financial crisis that ended up tools it needs to go after fraudsters and with long-term, fixed-rate loans to help settling with the SEC in an amount the difficult cases arising from our in- that was a fraction of the cost the creasingly complex financial markets. them acquire major fixed assets and bank had inflicted on investors and the The SEC Penalties Act will help by giv- real estate for expansion or moderniza- profits the bank had ultimately pock- ing the SEC more tools to demand tion. The Small Business Jobs Act of eted. The SEC explained that the low meaningful accountability from Wall 2010 allowed small businesses to use the settlement amount was because it was Street and protect investors, which in 504 loan program to refinance certain statutorily prohibited from levying a turn will improve transparency and in- qualifying existing debt for 2 years. larger penalty. crease confidence in our financial sys- While loan volumes were relatively low The bill we are introducing seeks to tem. I urge my colleagues to support in the program’s first year, the SBA substantially update and strengthen this important bipartisan legislation. made a number of program modifica- the SEC’s civil penalties statute. This tions to encourage and allow more legislation should cause potential and By Ms. LANDRIEU (for herself small businesses to take advantage of current offenders to think twice before and Mrs. SHAHEEN): the long terms and low interest rates engaging in misconduct by increasing S. 289. A bill to extend the low-inter- offered by the program. In fiscal year the statutory limits on civil monetary est refinancing provisions under the 2012, the program’s second and final penalties, directly linking the size of Local Development Business Loan Pro- year, the SBA approved over 2,400 these penalties to the scope of harm gram of the Small Business Adminis- refinancings for over $2.2 billion to and associated investor losses, and sub- tration; to the Committee on Small small businesses. stantially raising the financial stakes Business and Entrepreneurship. Unfortunately, on September 27, 2012, for repeat offenders of our nation’s se- Ms. LANDRIEU. Mr. President, I the program expired just as it was curities laws. come to the floor today to discuss the gaining traction in the small business Specifically, our bill would increase importance of small businesses in the community. Over the past year, in my the per violation cap for the most egre- United States. It cannot be stated conversations with small business own- gious securities laws violations to $1 enough that small businesses are the ers and in testimonies given in million per offense for individuals and economic engines of our country. roundtables and hearings before the $10 million per offense for entities. Small businesses also represent the es- Committee on Small Business and En- This will help ensure that the SEC’s sence of the American Dream. They are trepreneurship, I have consistently most severe, or ‘‘tier three,’’ penalties creators of new jobs and innovative heard the need to extend this portion will help deter people from engaging in technologies. In fact, over the last 15 of the 504 loan program. The bill that I the most serious offenses, rather than years, businesses employing less than am introducing today would extend for have such wrongdoing be viewed as just 500 people have created 93 percent of all 5 years the provision allowing small the cost of doing business. Under exist- new jobs and employed 58.6 million business owners to use Small Business ing law, the SEC can only penalize in- workers. Businesses employing less Administration, SBA, 504 loans to refi- dividual securities law violators a max- than 20 people alone employed 21.3 mil- nance existing commercial mortgages. imum of $150,000 per offense and insti- lion workers. In my home state of Lou- Extending the 504 refinancing program tutions $725,000 per offense. isiana, small businesses make up about is a commonsense way to help small

VerDate Mar 15 2010 05:09 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.024 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE February 12, 2013 CONGRESSIONAL RECORD — SENATE S661 businesses and create jobs. By allowing SUBMITTED RESOLUTIONS (2) EXCEPTIONS.—No person shall continue small businesses to refinance qualified to serve as a member of the committee after that person has ceased to be a member of the commercial real estate debt, this pro- SENATE RESOLUTION 29—TO CON- Committee from which the member was cho- gram lowers their monthly mortgage STITUTE THE MAJORITY PAR- sen. payments at no cost to taxpayers. At a TY’S MEMBERSHIP ON CERTAIN (c) VACANCIES.—Any vacancy in the com- time when we are still facing high un- COMMITTEES FOR THE ONE HUN- mittee shall not affect its powers, but shall employment, this extension is one of DRED THIRTEENTH CONGRESS, be filled in the same manner as the original appointment. many things that we should be doing to OR UNTIL THEIR SUCCESSORS (d) CHAIRMAN AND VICE CHAIRMAN.—The put more capital in the hands of Amer- ARE CHOSEN committee shall select a Chairman and Vice ica’s job creators. Mr. REID of Nevada submitted the Chairman from among its members. I would like to reiterate that this is following resolution; which was consid- (e) QUORUM.—A majority of the members of not a new proposal, and it has consist- ered and agreed to: the committee shall constitute a quorum, but a lesser number of members may hold S. RES. 29 ently received bipartisan support. In hearings. The powers conferred upon them total, last year I filed this extension ei- Resolved, That the following shall con- under section 4 may be exercised by a major- ther as a bill or an amendment four stitute the majority party’s membership on ity vote. the following committees for the One Hun- times. The 504 refinance provision ex- dred Thirteenth Congress, or until their suc- SEC. 3. DUTIES. tension was originally introduced as S. cessors are chosen. (a) IN GENERAL.—The committee shall have 2364 by Senators SNOWE, LANDRIEU, COMMITTEE ON AGRICULTURE, NUTRITION, the following duties: ISAKSON, and SHAHEEN. Title II of the AND FORESTRY: Ms. Stabenow (Chairman), (1) STUDY.—The committee shall— (A) research, review, and study Federal SUCCESS Act, which I introduced dur- Mr. Leahy, Mr. Harkin, Mr. Baucus, Mr. Brown, Ms. Klobuchar, Mr. Bennet, Mrs. programs that are underperforming or non- ing the 112th Congress, also included Gillibrand, Mr. Donnelly, Ms. Heitkamp, and essential; and the refinance provision. On July 12, Mr. Cowan. (B) determine which Federal programs 2012, the Senate voted on the SUCCESS COMMITTEE ON COMMERCE, SCIENCE, AND should be modified or eliminated. Act as part of Senate Amendment 2521 TRANSPORTATION: Mr. Rockefeller (Chair- (2) RECOMMENDATIONS.—The committee man), Mrs. Boxer, Mr. Nelson, Ms. Cantwell, shall develop recommendations to the Sen- to S. 2237, the Small Business Jobs and Mr. Lautenberg, Mr. Pryor, Mrs. McCaskill, ate for actions designed to modify or elimi- Tax Relief Act of 2012. Although the Ms. Klobuchar, Mr. Warner, Mr. Begich, Mr. nate underperforming or nonessential Fed- amendment came up short of the 60 Blumenthal, Mr. Schatz, and Mr. Cowan. eral programs. votes needed to end debate, the SUC- COMMITTEE ON FINANCE: Mr. Baucus (Chair- (3) REPORTS AND LEGISLATION.—The com- man), Mr. Rockefeller, Mr. Wyden, Mr. Schu- mittee shall submit to the Senate— CESS Act amendment received a mer, Ms. Stabenow, Ms. Cantwell, Mr. Nel- (A) at least once a year, reports includ- strong 57 bipartisan votes, including son, Mr. Menendez, Mr. Carper, Mr. Cardin, ing— five of my Republican colleagues. Fi- Mr. Brown, Mr. Bennet, and Mr. Casey. (i) a detailed statement of the findings and nally, I included the provision in a sub- COMMITTEE ON FOREIGN RELATIONS: Mr. conclusions of the committee; and stitute amendment that I cosponsored Menendez (Chairman), Mrs. Boxer, Mr. (ii) a list of underperforming or non- Cardin, Mr. Casey, Mrs. Shaheen, Mr. Coons, essential Federal programs; and to the JOBS Act of 2012 and offered the Mr. Durbin, Mr. Udall of New Mexico, Mr. (B) such legislation and administrative ac- 504 refinancing language as an amend- Murphy, and Mr. Kaine. tions as the committee considers appro- ment to the Veterans Jobs Bill. I urge COMMITTEE ON SMALL BUSINESS AND ENTRE- priate. my colleagues on both sides of the aisle PRENEURSHIP: Ms. Landrieu (Chairman), Mr. (b) CONSIDERATION OF LEGISLATION.—Any Levin, Mr. Harkin, Ms. Cantwell, Mr. Pryor, to come together in support of this legislation submitted to the Senate by the Mr. Cardin, Mrs. Shaheen, Mrs. Hagan, Ms. committee shall be considered under the pro- common-sense, cost effective program. Heitkamp, and Mr. Cowan. visions of section 310 of the Congressional Mr. President, I ask unanimous con- JOINT ECONOMIC COMMITTEE: Ms. Klobuchar Budget Act of 1974 (2 U.S.C. 641). (Vice Chairman), Mr. Casey, Mr. Warner, Mr. SEC. 4. POWERS. sent that the text of the bill be printed Sanders, Mr. Murphy, and Mr. Heinrich. in the RECORD. (a) HEARINGS.—The committee or, at its di- f rection, any subcommittee or member of the There being no objection, the text of SENATE RESOLUTION 30—ESTAB- committee, may, for the purpose of carrying the bill was ordered to be printed in LISHING THE COMMITTEE TO RE- out the provisions of section 3— the RECORD, as follows: DUCE GOVERNMENT WASTE (1) sit and act, at any time, during the ses- sions, recesses, and adjourned periods of con- S. 289 Mr. UDALL of Colorado (for himself, gress; Be it enacted by the Senate and House of Rep- Mr. ROBERTS, and Mr. ENZI) submitted (2) require as the committee considers nec- resentatives of the United States of America in the following resolution; which was re- essary, by subpoena or otherwise, the attend- ance of witnesses and the production of Congress assembled, ferred to the Committee on Rules and Administration: books, papers, and documents; SECTION 1. SHORT TITLE. (3) administer oaths and take testimony; S. RES. 30 and This Act may be cited as the ‘‘Commercial Resolved, (4) procure necessary printing and binding. Real Estate and Economic Development Act SECTION 1. ESTABLISHMENT. (b) WITNESS ALLOWANCES AND FEES.—The of 2013’’ or the ‘‘CREED Act of 2013’’. There shall be a Senate committee known provisions of section 1821 of title 28, United SEC. 2. LOW-INTEREST REFINANCING UNDER as the Committee to Reduce Government States Code, shall apply to witnesses re- THE LOCAL DEVELOPMENT BUSI- Waste (referred to in this resolution as the quested to appear at any hearing of the com- NESS LOAN PROGRAM. ‘‘committee’’). mittee. The per diem and mileage allowances SEC. 2. MEMBERSHIP. for witnesses shall be paid from funds avail- (a) REPEAL.—Section 1122(b) of the Small able to pay the expenses of the committee. Business Jobs Act of 2010 (15 U.S.C. 696 note) (a) COMPOSITION.—The committee shall be composed of 12 members as follows: (c) EXPENDITURES.—The committee, or any is repealed. (1) 4 members from the Committee on Fi- subcommittee thereof, is authorized to make (b) RESTORATION OF LOW-INTEREST REFI- nance, 2 selected by the Majority Leader and such expenditures as it deems advisable. NANCING PROVISION.—Subparagraph (C) of 2 selected by the Minority Leader. SEC. 5. APPOINTMENT AND COMPENSATION OF section 502(7) of the Small Business Invest- (2) 4 members from the Committee on Ap- STAFF. ment Act of 1958 (15 U.S.C. 696(7)) (relating to propriations, 2 selected by the Majority Except as otherwise provided by law, the refinancing not involving expansions), as in Leader and 2 selected by the Minority Lead- committee shall have the power to appoint effect on September 25, 2012, shall be in effect er. and fix the compensation of the Chief of (3) 4 members from the Committee on the during the period beginning on the date of Staff of the committee and such experts and Budget, 2 selected by the Majority Leader enactment of this Act and ending 5 years clerical, stenographic, and other assistants and 2 selected by the Minority Leader. as the committee deems advisable. after that date of enactment. (b) TENURE OF OFFICE.— (1) PERIOD OF APPOINTMENT.—Members SEC. 6. PAYMENT OF EXPENSES. shall be appointed for a period not to exceed The expenses of the committee shall be 6 years. paid from the contingent fund of the Senate.

VerDate Mar 15 2010 05:09 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.034 S12FEPT1 jbell on DSK6SPTVN1PROD with SENATE S662 CONGRESSIONAL RECORD — SENATE February 12, 2013 NOTICE OF HEARING PRIVILEGES OF THE FLOOR body to the Hall of the House of Rep- Ms. LANDRIEU. Mr. President, the Mr. REID. Mr. President, I ask unan- resentatives for the joint session of Committee on Small Business and En- imous consent that Joel Cohen, a Congress provided under the provisions trepreneurship will meet on February Brookings fellow from the Department of H. Con. Res. 11; and that upon dis- 13, 2013, at 4:00 p.m. in room 432 of the of Homeland Security, be granted floor solution of the joint session, the Sen- Russell Senate Office building to con- privileges through December 31, 2013. ate adjourn until 10 a.m. on Wednes- duct its organizational meeting. The PRESIDING OFFICER. Without day, February 13, 2013; that following objection, it is so ordered. the prayer and pledge, the morning f hour be deemed expired, the Journal of AUTHORITY FOR COMMITTEES TO f proceedings be approved to date, and MEET MAJORITY PARTY COMMITTEE the time for the two leaders be re- COMMITTEE ON ARMED SERVICES MEMBERSHIP served for their use later in the day; following any leader remarks, the Sen- Mr. LEAHY. Mr. President, I ask Mr. REID. Mr. President, I ask unan- unanimous consent that the Com- ate be in a period of morning business imous consent that the Senate proceed with Senators permitted to speak mittee on Armed Services be author- to S. Res. 29. ized to meet during the session of the therein for up to 10 minutes each, with The PRESIDING OFFICER. The the Republicans controlling the first 30 Senate on February 12, 2013, at 9:30 clerk will report the resolution by a.m. minutes and the majority controlling title. the second 30 minutes. The PRESIDING OFFICER. Without The legislative clerk read as follows: objection, it is so ordered. The PRESIDING OFFICER. Without A resolution (S. Res. 29) to constitute the objection, it is so ordered. COMMITTEE ON ARMED SERVICES majority party’s membership on certain Mr. REID. Mr. President, we will Mr. LEAHY. Mr. President, I ask committees for the One Hundred Thirteenth gather in the Senate Chamber at 8:20 unanimous consent that the Com- Congress, or until their successors are cho- sen. p.m. this evening to proceed as a body mittee on Armed Services be author- to the House for the State of the ized to meet during the session of the There being no objection, the Senate Union. Senate on February 12, 2013, at 2:30 proceeded to consider the resolution. p.m. Mr. REID. Mr. President, I ask unan- f The PRESIDING OFFICER. Without imous consent that the resolution be PROGRAM objection, it is so ordered. agreed to, and the motion to reconsider Mr. REID. Mr. President, we hope to COMMITTEE ON ENERGY AND NATURAL be laid upon the table, with no inter- begin debate on the nomination of Sen- RESOURCES vening action or debate. ator Hagel to be Secretary of Defense Mr. LEAHY. Mr. President, I ask The PRESIDING OFFICER. Without tomorrow. unanimous consent that the Com- objection, it is so ordered. f mittee on Energy and Natural Re- The resolution (S. Res. 29) was agreed sources be authorized to meet during to. RECESS the session of the Senate on February (The resolution is printed in today’s Mr. REID. Mr. President, if there is 12, 2013, at 9:45 a.m., in room SD–366 of RECORD under ‘‘Submitted Resolu- no further business to come before the the Dirksen Senate Office Building. tions.’’) Senate, I ask unanimous consent that The PRESIDING OFFICER. Without f it recess under the previous order. objection, it is so ordered. There being no objection, the Senate, COMMITTEE ON ENERGY AND NATURAL AUTHORIZING APPOINTMENT OF at 4 p.m., recessed until 8:30 p.m. and RESOURCES ESCORT COMMITTEE reassembled when called to order by Mr. LEAHY. Mr. President, I ask Mr. REID. Mr. President, I ask unan- the Presiding Officer (Mr. DONNELLY). unanimous consent that the Com- imous consent the Presiding Officer of f mittee on Energy and Natural Re- the Senate be authorized to appoint a JOINT SESSION OF THE TWO sources be authorized to meet during committee on the part of the Senate to HOUSES—ADDRESS BY THE the session of the Senate on February join a like committee on the part of PRESIDENT OF THE UNITED 12, 2013, at 10:00 a.m., in room SD–366 of the House to escort President Obama STATES the Dirksen Senate Office Building. into the House Chamber for the joint The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without session to be held tonight at 9 p.m. ate will proceed to the Hall of the objection, it is so ordered. The PRESIDING OFFICER. Without House of Representatives to receive a SUBCOMMITTEE ON THE CONSTITUTION, CIVIL objection, it is so ordered. message from the President of the RIGHTS, AND HUMAN RIGHTS The Chair appointed the Senator United States. Mr. LEAHY. Mr. President, I ask from Nevada, Mr. Reid; the Senator Thereupon, the Senate, preceded by unanimous consent that the Com- from Vermont, Mr. Leahy; the Senator the Sergeant at Arms, Terrance W. mittee on the Judiciary, Sub- from Illinois, Mr. Durbin; the Senator Gainer; the Secretary of the Senate, committee on the Constitution, Civil from New York, Mr. Schumer; the Sen- Nancy Erickson; and the Vice Presi- Rights, and Human Rights, be author- ator from Washington, Mrs. Murray; dent of the United States, JOSEPH R. ized to meet during the session of the the Senator from Colorado, Mr. Ben- BIDEN, JR., proceeded to the Hall of the Senate, on February 12, 2013, at 10:00 net; the Senator from Michigan, Ms. House of Representatives to hear the a.m., in room SH–216 of the Hart Sen- Stabenow; the Senator from Alaska, address by the President of the United ate Office Building, to conduct a hear- Mr. Begich; the Senator from Ken- States, Barack H. Obama. ing entitled ‘‘Proposals to Reduce Gun tucky, Mr. McConnell; the Senator The address delivered by the Presi- Violence: Protecting Our Communities from Texas, Mr. Cornyn; the Senator dent of the United States to the joint While Respecting the Second Amend- from South Dakota, Mr. Thune; the session of the two Houses of Congress ment.’’ Senator from Missouri, Mr. Blunt; the appears in the proceedings of the House The PRESIDING OFFICER. Without Senator from Wyoming, Mr. Barrasso; of Representatives in today’s RECORD. objection, it is so ordered. and the Senator from Kansas, Mr. f SELECT COMMITTEE ON INTELLIGENCE Moran, as members of the escort com- Mr. LEAHY. Mr. President, I ask mittee. ADJOURNMENT UNTIL 10 A.M. TOMORROW unanimous consent that the Select f Committee on Intelligence be author- At the conclusion of the joint session ized to meet during the session of the ORDERS FOR RECESS AND FOR of the two Houses; and in accordance Senate on February 12, 2013, at 2:30 WEDNESDAY, FEBRUARY 13, 2013 with the order previously entered, at p.m. Mr. REID. Mr. President, I ask unan- 10:24 p.m., the Senate adjourned until The PRESIDING OFFICER. Without imous consent that the Senate recess Wednesday, February 13, 2013, at 10 objection, it is so ordered. until 8:30 p.m. tonight and proceed as a a.m.

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HONORING SAM JOHNSON been a continued leader in Zulu, reigning as January 1, 1933, to the late Mrs. Lillie Frances Zulu Governor in 2005 and serving as a Board Bailey Fears; and HON. JOHN A. BOEHNER Member from 2008 to 2012. He has also Whereas, Barbara Jean Levett (faithfully OF OHIO served on and chaired several committees, known as Tootsie) was a virtuous woman, a most recently acting as the Chairman of the woman of great integrity who remained true to IN THE HOUSE OF REPRESENTATIVES Zulu Anniversary Committee. Mr. Givens has the uplifting of her community and family Tuesday, February 12, 2013 been a leader in Zulu due to his love of which in turn uplifted others; and Mr. BOEHNER. Mr. Speaker, our colleague bettering his community, and it is an example Whereas, she was an exemplary matriarch, from Texas, SAM JOHNSON, is an American that we should all strive to follow. serving as compass and wise counselor and hero. And today I join other colleagues in ob- In addition to his role as an active member bringing great joy to our district, her family and serving the fortieth anniversary of his release and leader of the Zulu Social Aid & Pleasure friends; and from a North Vietnamese prisoner of war Club since 1994, Mr. Givens has been a lead- Whereas, Mrs. Barbara Jean Levett loved camp. er in business and in his community. For 17 her family, encouraging all of those around her In seven years of captivity SAM endured years, Mr. Givens worked as a Plant Super- to make a difference, be it her children, her physical and mental torture. In fact, SAM was visor for Diversified Foods and Seasonings elected officials, her neighbors and her church set aside for extra abuse because of his obsti- Inc. Currently, he is serving as the Vice-Presi- members at Rock Temple A.M.E Church in nate resistance to his Communist captors. At dent of Operations of a financial firm, where Conyers, Georgia where she was a faithful various points SAM spent 42 straight months in he manages operations and transportation in member; and solitary confinement and was forced into leg over 20 countries. Outside of work, Mr. Givens Whereas, this remarkable woman gave of stocks for more than two years. leads an admirable life in his community, herself, never asking for fame or fortune as But while SAM’s jailors punished his body, working with social groups like the Big Dawgs she became a quiet storm, a spark that starts they could not break his spirit; his love of God and the Go-Getters. His service to his commu- a flame; and and country is a deep wellspring they could nity is an inspiration, and we are deeply grate- Whereas, the U.S. Representative of the never penetrate. His scars bear witness to his ful to him for his years of commitment. Fourth District of Georgia has set aside this tenacity and toughness. A New Orleans native, Mr. Givens is the day to bestow a Congressional Recognition on SAM JOHNSON spent a total of 29 years in youngest child to Robert and Janice Givens. Mrs. Barbara Jean Levett for her leadership, service to the United States Air Force. He flew He is a product of the Orleans Parish Public friendship and service to all of the citizens of combat missions during the Korean War and School System, graduating from Alcee Fortier Conyers and the nation; above Vietnam. He earned two Silver Stars, Senior High School in 1985. He also attended Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- two Legions of Merit, the Distinguished Flying college at Southwestern Louisiana University, SON, JR., do hereby attest to the 112th Con- Cross, a Bronze Star, and numerous other where he joined the Beta Phi chapter of the gress that Mrs. Barbara Jean Levett of Con- awards. Since his election to this body in Alpha Phi Omega Fraternity. Mr. Givens and yers, Rockdale County, Georgia is deemed 1991, SAM has walked the halls of Congress his wife, Zulu Queen Monica Veal Givens, worthy and deserving of this ‘‘Congressional with the highest levels of respect and admira- have three children—Stacey Thomas, Ryan Recognition’’ Mrs. Barbara Jean Levett, U.S. tion. He has grown to become this institution’s Williams, and Rayna Brantley. I hold Mr. Citizen of Distinction. living embodiment of cool-under-fire heroism. Givens in the highest regard for his dedication Proclaimed, this 9th day of November, In remembering the anniversary of his re- to his family and friends. His commitment to 2012. lease and saying ‘‘thanks’’ to SAM JOHNSON, the future of New Orleans brings hope and f we also remember all those captured and im- promise to our city. With the tireless work of prisoned defending our liberty. In the Rotunda people like Mr. Givens, New Orleans will con- IN CELEBRATION OF NATIONAL of Capitol hangs the famous black POW–MIA tinue to be one of the most empowered and MARRIAGE WEEK flag. It hangs there to remind all Americans unique cities in the world. that freedom is not free and is purchased only I wish to congratulate Mr. Cedric Givens on HON. RANDY HULTGREN at the very highest of costs. his coronation on February 8, 2013 as the OF ILLINOIS Mr. Speaker, it is impossible to calculate the 98th King of Zulu. IN THE HOUSE OF REPRESENTATIVES value of the sacrifices made by war fighters f Tuesday, February 12, 2013 like SAM JOHNSON. It is equally impossible to adequately repay them. We are simply left TRIBUTE TO MRS. BARBARA JEAN Mr. HULTGREN. Mr. Speaker, I rise today with words of gratitude for a job well done. I LEVETT to recognize National Marriage Week. I am hope all Members of Congress join me in ex- proud to support this campaign to encourage tending thanks and deep appreciation for our HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. marriage, reduce divorce rates, curtail poverty, colleague, SAM JOHNSON. OF GEORGIA and benefit children. f IN THE HOUSE OF REPRESENTATIVES Marriage is a cornerstone of society and the foundation for happy, healthy homes and fami- HONORING MR. CEDRIC GEORGE Tuesday, February 12, 2013 lies. The proven benefits of marriage include GIVENS Mr. JOHNSON of Georgia. Mr. Speaker, I economic stability, positive health and social present the following U.S. Citizen of Distinc- advantages, emotional well-being and happi- HON. CEDRIC L. RICHMOND tion. ness, and children that perform better in OF LOUISIANA Whereas, our lives have been touched by schools. IN THE HOUSE OF REPRESENTATIVES the life of this one woman who has given of This week celebrates love as well as com- herself to her family, church, community, and mitment; it is a time for couples to reflect on Tuesday, February 12, 2013 nation; and their vows to each other and look forward to Mr. RICHMOND. Mr. Speaker, I rise today Whereas, Mrs. Barbara Jean Levett’s good their future years together. National Marriage to honor the continued achievements of Mr. works are present in Conyers, Georgia as an Week is celebrated globally, and is supported Cedric George Givens, a native of my home- exemplary mother, mother-in-law, grand- by private organizations and individuals who town of New Orleans, Louisiana. I have the mother, great grandmother, aunt, neighbor, believe that marriage brings benefits to all distinct privilege of congratulating Mr. Givens community worker, business owner and friend; people in society. as he is honored with the title of 98th King of and National Marriage Week celebrates healthy Zulu, an organization that he has proudly Whereas, this giant of a woman, who was marriages, and making commitments based served for nearly two decades. Mr. Givens has raised up in Atlanta, Georgia, was born on on love, trust, and admiration. It is an honor

∑ 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 01:57 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A12FE8.001 E12FEPT1 pwalker on DSK7TPTVN1PROD with REMARKS E122 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 2013 for me to be able to celebrate this week with led the congregation of Bethel Baptist Church shown to the 7th Congressional District of Ala- my lovely wife, Christy, to whom I have been to new horizons in ministry. I am pleased to bama. He has made an inedible imprint on the married to for 22 years. honor Pastor Lewis and join with his con- lives of so many of us through his ministries. f gregation in celebrating 30 years of excellence We are blessed by his visionary leadership. in leadership and service to the Lord. Pastor Therefore, it is with pride and a humble heart RECOGNIZING THE NAVARRE HIGH Lewis answered his call to minister on January that I pay tribute to Pastor TL Lewis in rec- SCHOOL LADY RAIDERS 6, 1973 at the Shady Grove Missionary Baptist ognition and appreciation of his 30th pastoral WEIGHLIFTING TEAM AS STATE Church. For more than 40 years, Pastor Lewis anniversary at Bethel Baptist Church. And so CHAMPIONS has been led by his faith to minister and it shall be transcribed in the annuals of the spread his message of service and commit- United States House of Representatives that HON. JEFF MILLER ment to mankind. While he has served at special recognition be made to Reverend Dr. OF FLORIDA other churches, Pastor Lewis is most cele- Tommie L. Lewis on behalf of a grateful na- IN THE HOUSE OF REPRESENTATIVES brated for all that he contributed to the Bethel tion. Baptist Church family, affectionately known as f Tuesday, February 12, 2013 ‘‘Bethel Nation’’. Under his 30 year leadership, Mr. MILLER of Florida. Mr. Speaker, I rise Bethel Nation has grown to a membership of HONORING CHIEF APOSTLE today to congratulate Amanda Friar, Alyssa over 5,000 worshippers and currently stands ROBERT L. WILLIAMS Jones, Chelsea King, Heather Lynch, Kylie as a beacon of hope and inspiration in the Shelley, Morrigan Webb, Praise Pettus, Sarah Pratt City community. Pastor Lewis has HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. Cox, Savannah Rodwell, Skye Barberi, Taylor shaped a legacy defined by numerous min- OF GEORGIA Smith, and Coach Garrett Bagley of the istries that reach far beyond the church sanc- IN THE HOUSE OF REPRESENTATIVES Navarre High School Lady Raiders tuary. In both his professional and spiritual life, Weightlifting Team on earning their school’s his character has been defined by his willing- Tuesday, February 12, 2013 first state title. ness to serve, his unselfish generosity and his Mr. JOHNSON of Georgia. Mr. Speaker, I On Saturday, February 9, 2013, under the unwaverering commitment to making a dif- submit the following Proclamation. coaching and leadership of Garrett Bagley, the ference in the lives of others. He uses his cler- Whereas, Bishop Robert Lee Williams, Sr., Lady Raiders Weightlifting Team became Flor- gy position as a powerful force for good and Straight Life Church of God Pentecostal, ida High School Athletic Association State throughout this world. Inc., are celebrating the elevating of Bishop Champions. After finishing in second place for Pastor Lewis is an accomplished biblical Williams to Chief Apostle after years of pas- the past three years, victory for the Lady Raid- scholar. He attended the Birmingham toral and stellar leadership to his church and ers was that much sweeter. This season, Easonian Baptist Bible College and the Uni- our community; and through the perfect blend of perseverance, versal Bible Institute in Brunswick, Georgia. Whereas, Chief Apostle Williams, under the discipline, focus, and desire, the Navarre Pastor Lewis is also the recipient of various guidance of God has pioneered and sustained Raiders were ultimately triumphant and de- honorary doctorate degrees as a result of his Straight Life Church of God Pentecostal, Inc., feated two-time defending state champion, varied contributions to the ministry and public as an instrument in our community that uplifts Spruce Creak, for the title in a close 24–23 service. Through the years, in addition to his the spiritual, physical and mental welfare of win. dedicated service to Birmingham, Pastor our citizens; and A commendable eleven members of the Lewis has also sought to share his spiritual Whereas, this remarkable and tenacious lady Raiders team performed exceptionally teachings all over the world. He has min- man of God has given hope to the hopeless well at the sectional competition and qualified istered to and delivered sermons throughout and is a beacon of light to those in need; and for the State Championship. Of those eleven the United States, South America, Europe, Af- Whereas, Chief Apostle Williams is a spir- teammates, six lifters earned themselves indi- rica and Asia. But no matter where his min- itual warrior, a man of compassion, a fearless vidual medals with senior Amanda Friar lead- istry has taken him, Pastor Lewis is forever leader and a servant to all, but most of all a ing the team as the 110-pound weight class committed to home. Pastor Lewis has led by visionary who has shared not only with his individual gold medalist, followed by Skye example and displayed his commitment to Church, but with our District and the nation his Barberi and Praise Pettus finishing with sec- public service through his affiliation with var- passion to spread the gospel of Jesus Christ; ond-place showings, Alyssa Jones and Kylie ious religious and civic organizations aimed at and Shelley finishing fourth, and Chelsea King fin- empowering the lives of those that he serves. Whereas, the U.S. Representative of the ishing sixth. I am certain that their impressive His involvement include but are not limited to: Fourth District of Georgia has set aside this victory will continue to be a cherished moment the Pratt City Ministerial Alliance, the Bir- day to honor and congratulate Chief Apostle in each of their lives. mingham Metropolitan Baptist Ministerial Con- Williams as he is elevated to this position of Mr. Speaker, on behalf of the United States ference and the Southern Christian Leadership great recognition and great responsibility in Congress, I am proud to recognize the Conference. Pastor Lewis also worked to pastoral leadership; Navarre High School Lady Raiders transform the trajectory of his community Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- Weightlifting Team on their accomplishments through his service as former Captain for the SON, JR. do hereby proclaim November 11, and their continuing commitment to excellence Bessemer Police and Fire Department Chap- 2012 as Chief Apostle Robert L. Williams, Sr. at Navarre High School. My wife Vicki joins laincy Corps and the former Chairman of the Day in the 4th Congressional District. me in congratulating them and everyone who Board of Directors for the Jefferson County Proclaimed, this 11th day of November, has played a supportive role in guiding their Transit Authority. Pastor Lewis currently 2012. team to victory. We wish them all the best for serves as Chairman of the Board of Directors f continued success. for Jefferson County Commission of Economic TRIBUTE TO HADIYA PENDLETON f Opportunity and State President for the Na- tional Rainbow Push Coalition. In 1998, he re- TRIBUTE TO REV. TOMMIE L. ceived one of Birmingham’s highest honors HON. BOBBY L. RUSH LEWIS IN HONOR OF 30TH ANNI- when he was inducted into the City of Bir- OF ILLINOIS VERSARY AS PASTOR OF BETH- mingham Gallery of Distinguished Citizens. IN THE HOUSE OF REPRESENTATIVES EL BAPTIST CHURCH In the aftermath of the April 2011 tornadoes, Tuesday, February 12, 2013 which completely destroyed Bethel Baptist HON. TERRI A. SEWELL Church, Pastor Lewis’ faith and determination Mr. RUSH. Mr. Speaker, I rise today to pay OF ALABAMA has been unwavering as he continues to min- tribute to a remarkable young woman who had IN THE HOUSE OF REPRESENTATIVES ister to his congregation as they rebuild a really just begun to embark upon her life’s stronger Bethel Nation. He continues to be journey, but Hadiya Zaymara Pendleton was Tuesday, February 12, 2013 grounded in God’s mercy and grace giving taken from us too soon on January 29, 2013 Ms. SEWELL of Alabama. Mr. Speaker, I hope to the hopeless and providing opportuni- as a result of senseless gun violence. rise today to recognize the 30th pastoral anni- ties for the least amongst us. No words can ease the pain of losing a versary of Dr. Tommie L. Lewis, pastor of While his contributions and accolades are child, Mr. Speaker. To Hadiya’s parents and Bethel Baptist Church in Birmingham, Ala- large in number, I am especially grateful for loved ones I can simply offer them a word bama. Since 1982, this dedicated servant has the servant leadership that Pastor Lewis has from scripture. In Luke 18:16 the Bible tells us

VerDate Mar 15 2010 01:57 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K12FE8.002 E12FEPT1 pwalker on DSK7TPTVN1PROD with REMARKS February 12, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E123 ‘‘Then Jesus called for the children and said to mitment to serving our veteran and military traordinary regard in the educational commu- the disciples, ’Let the children come to me. families. nity, Mr. Smith was able to utilize his vast ex- Don’t stop them! For the Kingdom of God be- f periences to positively influence generations to longs to those who are like these children.’ ’’ come. Born June 2, 1997, Hadiya was loved by ev- CELEBRATING BLACK HISTORY Mr. Speaker, I ask that you and my distin- eryone who has encountered her since that MONTH guished colleagues join me in celebrating summer day. A lover of Chinese food, cheese- Black History Month and honoring those who burgers, ice cream, and Fig Newtons, Hadiya HON. PETER J. VISCLOSKY fought, and those who continue to fight, for was active in extracurricular activities such as OF INDIANA civil rights. Let us also remember the selfless the CHI–TOWN Cheerleaders, Debate, IN THE HOUSE OF REPRESENTATIVES and brave Quentin Smith. We are forever in- Volleyball, Basketball, Mentoring Programs, Tuesday, February 12, 2013 debted to him for his contributions toward free- and serving as Band Majorette where she dom and equality, and Northwest Indiana is proudly participated in last month’s Inaugural Mr. VISCLOSKY. Mr. Speaker, it is with proud to have been his home. great respect and sincere admiration that I rise Parade. In addition to her extracurricular pas- f sions, Hadiya was an honor student who today to celebrate Black History Month and its began her academic journey at Small Stride 2013 theme—‘‘At the Crossroads of Freedom HONORING MR. LEE VAN OLIVER Academy and continued her development at and Equality.’’ This year’s theme reminds us such schools as John D. Shoop Math-Science of two very important landmark events in HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. Technical Academy, Marva Collins School, the American history, the 150th anniversary of OF GEORGIA President Abraham Lincoln’s issuing of the Carter G. Woodson School, and Dr. Martin Lu- IN THE HOUSE OF REPRESENTATIVES Emancipation Proclamation in 1863 and the ther King Jr. College Prep High School. Tuesday, February 12, 2013 These institutions were critical in creating a 50th anniversary of the Civil Rights March on sound educational foundation for this well- Washington in 1963. This year we recognize Mr. JOHNSON of Georgia. Mr. Speaker, I rounded young woman. Hadiya had a high re- the perseverance, sacrifice, and struggle of submit the following Proclamation. gard for academic success and higher learn- those who fought for the freedom and equality Whereas, One hundred years ago a tena- ing. Her favorite class was Latin and she re- that has shaped our great nation. cious man of God was born in Screven Coun- cently expressed how disappointed she was This year’s theme,’’ At the Crossroads of ty, Georgia on November 8, 1912; and that the language program would end after Freedom and Equality,’’ focuses on our na- Whereas, Mr. Lee Van Oliver was blessed this school year. Her love of learning drove tion’s struggle for equality and civil rights, be- to have ten siblings, he grew up in Georgia at- her ambitions. One of her many aspirations ginning with President Lincoln’s issuance of tending school in the local school system and was to major in pharmacology and journalism. the Emancipation Proclamation in 1863 and moved to Savannah, Georgia at an early age; Mr. Speaker, though Hadiya’s voice has the abolishing of slavery. Some one hundred he worked in several industries in Savannah; been silenced far too early her memory and years later, Dr. Martin Luther King Jr. led the International Paper, the Shipyard, Sears & her spirit continue to live on through all of us. Civil Rights March on Washington fighting for, Roebuck, Smith & Kelly; and It now falls upon us, Hadiya’s friends, family, amongst other ideals, meaningful civil rights Whereas, Mr. Oliver has shared his time neighbors, and community to speak out in her legislation, including better employment oppor- and talents as a Husband, Long Shore man, name, to strive for excellence in her name, tunities and an end to segregation. These his- Uncle, Brother and Motivator, giving the citi- and to build a better world in her name. I, Mr. toric events have had an immense impact on zens of Georgia a person of great worth, a Speaker, am one individual who pledges to do our nation’s fight for the equal rights of all fearless leader and a servant to all who wants just that. human beings, regardless of race, gender, or to advance the lives of others; and religious, cultural, or social beliefs. Although Whereas, Mr. Oliver has been blessed with f there is still work to be done, we must take a a long, happy life, devoted to God and credits HONORING THE ‘‘GEMS OF 26’’ moment to commend the many Americans it all to the Will of God; and MAINE MILITARY PROGRAM who have, against all odds, strengthened our Whereas, Mr. Oliver along with his family union, fought for our freedoms, and built a bet- and friends are celebrating this day a remark- HON. MICHAEL H. MICHAUD ter nation. This month and always, it is impor- able milestone, his 100th Birthday, we pause OF MAINE tant to remember the courage of inspirational to acknowledge a man who is a cornerstone IN THE HOUSE OF REPRESENTATIVES leaders including President Lincoln, Dr. King, in our community; and Rosa Parks, Thurgood Marshall, W.E.B. Du Whereas, the U.S. Representative of the Tuesday, February 12, 2013 Bois, and the many others who have played Fourth District of Georgia has set aside this Mr. MICHAUD. Mr. Speaker, I rise today to such a critical role in changing the landscape day to honor and recognize Mr. Oliver on his honor Cyndi Robbins and the ‘‘Gems of 26’’ of American society for the better. birthday and to wish him well and recognize for their outstanding efforts to honor our na- I would be remiss if I did not also pay tribute him for an exemplary life which is an inspira- tion’s veterans. Over the last three years, to one of Northwest Indiana’s finest citizens, tion to all; Cyndi Robbins and the staff of the Poland who passed away only a few weeks ago. As Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- Spring Inn welcomed more than 600 members the representative of the First Congressional SON, JR. do hereby proclaim November 8, of military and veteran families for short District of Indiana, I have had the pleasure of 2012 as Mr. Lee Van ‘‘L.V.’’ Oliver Day in the getaways in scenic Western Maine. knowing Mr. Quentin Smith. Born in 1918, Mr. 4th Congressional District of Georgia. Thanks to a unique partnership formed be- Smith saw firsthand the great injustices faced Proclaimed, this 8th day of November, tween a group of unique sites along Route 26 by African Americans throughout our country’s 2012. called the ‘‘Gems of 26,’’ military and veteran history, as well as the courageous strides f families have been treated to lodging, meals, made toward equality and civil justice. A mem- boat rentals, and free access to a variety of ber of the heroic Tuskegee Airmen, Quentin’s AMERICAN MEMORIAL PARK activities and historic sites in Maine’s western service in the 99th Fighter Squadron will for- TINIAN ANNEX ACT mountains. ever be remembered in working to conquer In addition to the Poland Spring Resort, the America’s racial divide. In a time when seg- HON. GREGORIO KILILI CAMACHO generous ‘‘Gems of 26,’’ include the Maine regation existed not only in our communities SABLAN Wildlife Park in Gray, the Sabbathday Lake but in the military as well, the Tuskegee Air- OF THE COMMONWEALTH OF THE NORTHERN Shaker Village in New Gloucester, the Poland men are now rightfully remembered as one of MARIANA ISLANDS Spring Preservation Society in Poland Spring, the most successful units in our military’s his- IN THE HOUSE OF REPRESENTATIVES and the grounds of the McLaughlin Garden in tory, not only for their bravery and sacrifice in South Paris. The Maine Military and Commu- the air, but for the position they played in the Tuesday, February 12, 2013 nity network has also played an important role progression of the military and American soci- Mr. SABLAN. Mr. Speaker, today I am intro- in helping eligible families participate in the ety as a whole. As a civilian, Mr. Smith contin- ducing the American Memorial Park Tinian program. ued to serve his community as an educator, Annex Act. This bill directs the Secretary of Mr. Speaker, please join me in honoring counselor, and principal at the elementary, the Interior to develop, maintain, and admin- Cyndi Robbins, the Poland Spring Resort, and middle, and high school levels, as well as a ister on the island of Tinian in the Northern these historic Maine attractions for their com- professor at the collegiate level. Held in ex- Mariana Islands an extension of the existing

VerDate Mar 15 2010 01:57 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K12FE8.004 E12FEPT1 pwalker on DSK7TPTVN1PROD with REMARKS E124 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 2013 American Memorial Park on the neighboring would like to share with you the perspective of JAMIE STRONG island of Saipan. U.S. Marine Corps Chaplain Lt. David Jeltema American Memorial Park was established to who was on Tinian last September. He ac- HON. ED PERLMUTTER honor the 5,204 U.S. military personnel and companied a Marine expeditionary unit training OF COLORADO Northern Mariana Islanders, whose lives were there. Lt. Jeltema said the visiting Marines IN THE HOUSE OF REPRESENTATIVES lost during the Marianas Campaign, one of the were in awe to be in such a historically signifi- Tuesday, February 12, 2013 most strategically significant events of World cant location and viewed Tinian as ‘‘hallowed War II. The Park houses a museum that af- ground.’’ Tinian’s North Field is one of those Mr. PERLMUTTER. Mr. Speaker, I rise fords residents and visitors alike an oppor- places he said he wished more people could today to recognize and honor Jamie Strong for tunity to learn about the vital role of the North- see, ‘‘so that we can remember the tremen- receiving the Greater Golden Chamber of ern Mariana Islands in the United States’ suc- dous power the military has and realize what Commerce Young Professional of the Year cessful effort to bring World War II to a close. an incredible responsibility it also has.’’ Award. The Marianas Campaign was so important That is certainly one of the many important Jamie, the Event Designer at Three Toma- because capture of the islands placed U.S. lessons that could be drawn by any visitor to toes Steakhouse and Club at Fossil Trace, bombers within range of the Japanese home- the Tinian Annex of the American Memorial was elected as Chair of the 2012 Golden land. B–29s were deployed from both Saipan Park, which the bill I introduce today would Young Professionals and did a superb job in and Tinian; and, eventually, the atomic bombs authorize. overseeing the development of the organiza- that ended the War in the Pacific were I want to thank the House Natural Re- tion, particularly focusing on professional de- launched from the airfield on Tinian, which sources Committee, which favorably reported velopment and community service for mem- was at the time the largest facility in the world. this same legislation in the 112th Congress. I bers. Her dedication and ability to work with Despite the critical role of Tinian and its air- thank all those Members who are original co- Chamber staff was fantastic. fields, today there is no repository on the is- sponsors of the measure today. And I ask the When not at work, you will find Jaime in- land for artifacts recovered from the vast mili- House to move quickly to approve the Amer- volved with the Golden Chamber, at the Gold- tary sites that were quickly abandoned at the ican Memorial Park Tinian Annex Act for the en Community Center, or enjoying all the local end of the conflict. Nor is there any location at benefit of the future and in honor of the past. hiking trails. which residents and visitors to Tinian can ob- I extend my deepest congratulations to f tain adequate information about the historically Jamie Strong for her well deserved recognition significant events that occurred there. HONORING THE LONG ISLAND RE- from the Greater Golden Chamber of Com- The proposed Tinian Annex would fill this GIONAL SCIENCE BOWL WINNERS merce. I have no doubt she will exhibit the gap. The Annex would have both a curatorial FROM HUNTINGTON HIGH same dedication and character in all her future and an interpretive function. And, as con- SCHOOL accomplishments. ceived, the Annex would accomplish these f purposes by building on National Park Service resources and infrastructure already estab- HON. STEVE ISRAEL HONORING MRS. ERMA MABRY lished to manage the American Memorial Park OF NEW YORK and largely supported by a trust fund. Al- IN THE HOUSE OF REPRESENTATIVES HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. though the Department of Defense has said Tuesday, February 12, 2013 OF GEORGIA that it will seek additional funding to support a Mr. ISRAEL. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES historical center on Tinian, the proposed Act honor a team of talented and dedicated stu- Tuesday, February 12, 2013 also respects the limitations on federal finan- dents from Huntington High School in my Con- Mr. JOHNSON of Georgia. Mr. Speaker, I cial resources by encouraging the use of pub- gressional District that recently won the Long lic lands, provided by the local government, as submit the following Proclamation. Island Regional Science Bowl held at Whereas, eighty years ago a virtuous the site of the Annex. Brookhaven National Laboratory. These stu- The need for the Tinian Annex is pressing. woman of God was born in Gwinnett County, dents are the future of our nation’s excellence For decades after World War II the historically Georgia on October 29, 1932; and in the sciences and I am so proud to recog- significant areas of the island remained rel- Whereas, Mrs. Erma Mabry was born Erma atively undisturbed. The U.S. military leased nize them today. Lyons to Mr. Willie Golden and Mrs. Bessie Captain Brian Gilbert and teammates Aron two–thirds of Tinian and there were only occa- Ragsdale Lyons, she was educated in the sional training exercises on these lands. But Coraor, Marc Feldman, and Jacob Roday at- local school system in Georgia, married Mr. more recently, as U.S. forces have begun to tend Huntington High School in Huntington, German William Mabry and through their be reconfigured and realigned in the Pacific NY and on Saturday January 26, 2013 were union was blessed with three children, one region, the tempo of activity on Tinian has in- named the Long Island Regional Science Bowl daughter-in-law, two grandchildren, and one creased. Lands are being developed for firing winners. The young men competed against great grandchild; and ranges, encampments sites are being en- twenty other teams from high schools around Whereas, this Phenomenal Proverbs 31 larged, and the airfields of the 1940s are the region in a Jeopardy style contest. These woman has shared her time and talents as a being reconstructed as part of the military’s students will compete in the National Finals for Wife, Mother and Motivator, giving the citizens on-going readiness exercises. the Science Bowl in Washington, DC in April of Georgia a person of great worth, a fearless Although the people of the Northern Mar- 2013. leader and a servant to all who wants to ad- iana Islands certainly support this increased This success reflects the hard work of these vance the lives of others; and activity and are proud to have a role in our students, but also of their mentors, Huntington Whereas, Mrs. Mabry has been blessed Nation’s defense, we are also concerned that High School teachers, Ms. Dame Forbes and with a long, happy life, devoted to God and historically important artifacts that may be un- Ms. Lori Kenny. Ms. Forbes and Ms. Kenny credits it all to the Will of God; and earthed over the coming decades of stepped- coached the team and helped make this suc- Whereas, Mrs. Mabry along with her family up training will be discarded and lost without cess possible. It is dedicated teachers like and friends are celebrating this day a remark- a nearby repository for their preservation. We them that make a difference in lives of stu- able milestone, her 80th birthday, we pause to are concerned, too, that because this military dents and the well being of this country. I am acknowledge a woman who is a cornerstone activity will at times necessarily limit physical sure there were many long days and hours of in our community in DeKalb County, Georgia; access to large parts of the island Tinian resi- practice that made this all possible so both of and dents and visitors will need some alternative, these women deserve credit for their contribu- Whereas, the U.S. Representative of the virtual means of learning about the role of tion to the team as well. Fourth District of Georgia has set aside this Tinian North Field, where the atomic bomb The National Science Bowl is one of the day to honor and recognize Mrs. Mabry on her carrying B–29s, Enola Gay and Bock’s Car, largest science competitions in the country birthday and to wish her well and recognize lifted off and about other sites of historic sig- and being recognized as a finalist is an ex- her for an exemplary life which is an inspira- nificance. We are concerned that we may be traordinary honor. I know that Brian, Aron, tion to all; losing a little bit of our Nation’s and our is- Marc, and Jacob have a bright future ahead of Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- lands’ history, day by day. The purpose of my them and I wish them nothing but success in SON, JR. do hereby proclaim October 29th, bill is to remedy this. the National Finals this spring. They should be 2012 as Mrs. Erma Mabry Day in the 4th Con- This is not solely the concern of those of us proud of all they have achieved so far and I gressional District of Georgia. who live in the Northern Mariana Islands. I know they will continue to excel. Proclaimed, this 29th day of October, 2012.

VerDate Mar 15 2010 02:17 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\K12FE8.006 E12FEPT1 pwalker on DSK7TPTVN1PROD with REMARKS February 12, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E125 CONNIE TYSDAL taken in the immediate aftermath of the For Alonzo Lunsford, who was shot seven shooting, capturing the chaos and terror of times at Fort Hood and blinded in one eye, the day. the military’s treatment is deeply hurtful. HON. ED PERLMUTTER Munley, since laid off from her job with ‘‘It’s a slap in the face, not only for me but OF COLORADO the base’s civilian police force, was shot for all of the 32 that wore the uniform that IN THE HOUSE OF REPRESENTATIVES three times as she and her partner, Sgt. day,’’ he told ABC News. Mark Todd, confronted Hasan, who witnesses Lunsford’s medical records show his inju- Tuesday, February 12, 2013 said had shouted ‘‘Allahu Akbar’’ as he ries were determined to be ‘‘in the line of Mr. PERLMUTTER. Mr. Speaker, I rise opened fire on soldiers being processed for duty’’ but neither he nor any of the other deployment to Afghanistan. soldiers shot or killed at Fort Hood is eligi- today to recognize and honor Connie Tysdal As Munley lay wounded, Todd fired the five for receiving the Charlie O’Brien Award from ble for the Purple Heart under the Depart- bullets credited with bringing Hasan down. ment of Defense’s current policy for decora- the Greater Golden Chamber of Commerce. Despite extensive evidence that Hasan was tions and awards. This award goes to members who are well in communication with al Qaeda leader Army Secretary McHugh says awarding respected within the organization and are mo- Anwar al-Awlaki prior to the attack, the Purple Hearts could adversely affect the tivated by an unselfish desire to contribute to military has denied the victims a Purple trial of Major Hasan. the community for the betterment of greater Heart and is treating the incident as ‘‘work- ‘‘To award a Purple Heart, it has to be place violence’’ instead of ‘‘combat related’’ done by a foreign terrorist element,’’ said Golden. or terrorism. McHugh. ‘‘So to declare that soldier a for- When Connie moved to unincorporated Jef- Al-Awlaki has since been killed in a U.S. eign terrorist, we are told, I’m not an attor- ferson County in 1979 she hit the ground run- drone attack in Yemen, in what was termed ney and I don’t run the Justice Department, ning. Among her many accomplishments a major victory in the U.S. efforts against al Qaeda. but we’re told would have a profound effect Connie served on the Colorado PTA Leader- on the ability to conduct the trial.’’ ship Commission, was elected President of Munley and dozens of other victims have now filed a lawsuit against the military al- Members of Congress, including the chair- the Leadership Golden Alumni Association, leging the ‘‘workplace violence’’ designation man of the House Homeland Security com- Chair of the Visitors and Convention Council means the Fort Hood victims are receiving mittee, Rep. Michael McCaul, R-Texas, say and worked as a philanthropic researcher for lower priority access to medical care as vet- they will introduce legislation to force the the Colorado School of Mines. erans, and a loss of financial benefits avail- military and the Obama administration to I extend my deepest congratulations and able to those who injuries are classified as give the wounded and dead the recognition ‘‘combat related.’’ and honors they deserve. gratitude to Connie Tsydal for this well de- ‘‘It was clearly an act of terrorism that oc- served recognition by the Greater Golden Some of the victims ‘‘had to find civilian doctors to get proper medical treatment’’ curred that day, there’s no question in my Chamber of Commerce. Your commitment has and the military has not assigned liaison of- mind,’’ McCaul told ABC News. ‘‘I think the made our community a better place for all of ficers to help them coordinate their recov- victims should be treated as such.’’ us to live. ery, said the group’s lawyer, Reed Former Sgt. Munley says she now believes f Rubenstein. ‘‘There’s a substantial number the White House used her for political advan- of very serious, crippling cases of post-trau- tage in arranging for her to sit next to OBAMA ADMINISTRATION’S NEG- matic stress disorder exacerbated, frankly, Michelle Obama during the President’s State LIGENCE OF FORT HOOD VIC- by what the Army and the Defense Depart- of the Union address in 2010. TIMS ment did in this case,’’ said Rubenstein. ‘‘We Munley says she has no hesitation now have a couple of cases in which the soldiers’ speaking out against the President or taking command accused the soldiers of malin- part in the lawsuit, because she wants to HON. FRANK R. WOLF gering, and would say things to them that help the others who were shot that day and OF VIRGINIA Fort Hood really wasn’t so bad, it wasn’t continue to suffer. IN THE HOUSE OF REPRESENTATIVES combat.’’ ‘‘We got tired of being neglected. So this A spokesperson for the Army said its pol- was our last resort and I’m not ashamed of it Tuesday, February 12, 2013 icy is not to comment on pending litigation, a bit,’’ she said. Mr. WOLF. Mr. Speaker, I submit a report but that it is ‘‘not true’’ any of the military f that will air on ABC News tonight about the victims have been neglected and that it has no control over the guidelines of the Vet- THE LARIAT LOOP Obama Administration’s negligence of the Fort erans Administration. Secretary of the Army Hood survivors and their families. John McHugh told ABC News he was un- This was clearly a terrorist attack and while aware of any specific complaints from the HON. ED PERLMUTTER the administration has designated this attack Fort Hood victims, even though he is a OF COLORADO as ‘‘workplace violence,’’ the survivors cannot named defendant in the lawsuit filed last No- IN THE HOUSE OF REPRESENTATIVES vember which specifically details the plight access assistance. We are not treating these Tuesday, February 12, 2013 people fairly. of many of them. ‘‘If a soldier feels ignored, then we need to [From ABC News, Feb. 12, 2013] Mr. PERLMUTTER. Mr. Speaker, I rise know about it on a case by case basis,’’ today to recognize and honor The Lariat Loop FORT HOOD HERO SAYS OBAMA ‘BETRAYED’ McHugh told ABC News. ‘‘It is not our intent for receiving the Greater Golden Chamber of HER, OTHER VICTIMS to have two levels of care for people who are Commerce Civic Award. (By Ned Berkowitz and Brian Ross) wounded by whatever means in uniform.’’ Some of the victims in the lawsuit believe This award is given each year to an organi- Three years after the White House ar- the Army Secretary and others are purposely zation or individual that has contributed greatly ranged a hero’s welcome at the State of the ignoring their cases out of political correct- Union address for the Fort Hood police ser- to the quality of life in Golden. ness. The Lariat Loop website captures the spirit geant and her partner who stopped the dead- ‘‘These guys play stupid every time they’re ly shooting there, Kimberly Munley says of this 40-mile route connecting the cities of asked a question about it, they pretend like Golden, Morrison and Evergreen. ‘‘You can re- President Obama broke the promise he made they have no clue,’’ said Shawn Manning, to her that the victims would be well taken who was shot six times that day at Fort trace the motoring adventures of the early care of. Hood. Two of the bullets remain in his leg 1920s and experience the thrill of foothills ex- ‘‘Betrayed is a good word,’’ former Sgt. and spine, he said. ploration at the dawn of the Age of Motorcars. Munley told ABC News in a tearful interview ‘‘It was no different than an insurgent in Colorado’s first gateways to the mountains still to be broadcast tonight on ‘‘World News with Iraq or Afghanistan trying to kill us,’’ said have sharp curves, winding roads, spectacular Diane Sawyer’’ and ‘‘Nightline.’’ Manning, who was twice deployed to Iraq ‘‘Not to the least little bit have the vic- views, and waysides to refresh and delight the and had to retire from the military because traveler.’’ This byway is a combination of two tims been taken care of,’’ she said. ‘‘In fact of his injuries. they’ve been neglected.’’ An Army review board initially classified historic routes: the Lariat Trail Scenic Moun- There was no immediate comment from Manning’s injuries as ‘‘combat related,’’ but tain Drive ascending Lookout Mountain and the White House about Munley’s allegations. that finding was later overruled by higher- the Bear Creek Canyon Scenic Mountain Thirteen people were killed, including a ups in the Army. Drive. In combination, these routes were part pregnant soldier, and 32 others shot in the Manning says the ‘‘workplace violence’’ of several of the ‘‘scenic circles’’ developed November 2009 rampage by the accused designation has cost him almost $70,000 in and promoted by Denver in 1915 to help Colo- shooter, Major Nidal Hasan, who now awaits benefits that would have been available if his a military trial on charges of premeditated injuries were classified as ‘‘combat related.’’ radans experience the mountains in proximity murder and attempted murder. ‘‘Basically, they’re treating us like I was to the Denver Metropolitan area. These road- Tonight’s broadcast report also includes downtown and I got hit by a car,’’ he told ways were designated to the National Register dramatic new video, obtained by ABC News, ABC News. of Historic Places in 1976.’’

VerDate Mar 15 2010 02:17 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K12FE8.008 E12FEPT1 pwalker on DSK7TPTVN1PROD with REMARKS E126 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 2013 I extend my deepest congratulations to The charity that collects and distributes shoes to for receiving the Greater Golden Chamber of Lariat Loop for this well deserved recognition people in need, room in their warehouse at Commerce Ambassador of the Year Award. from the Greater Golden Chamber of Com- ERA to store shoes. Well, 110,000 pairs of This award is given each year to an indi- merce. I am proud to have this historic byway shoes later, the offer still stands with great vidual who is a member of the Chamber Am- in my community. gratitude. bassadors. This individual has been very ac- f I extend my deepest congratulations to tive in promoting the Chamber in several ways ERA, A Waters Company, for their well de- such as attending ribbon cuttings, grand open- TRIBUTE TO MRS. DANNIE G. served recognition from the Greater Golden HOLLIS ings, ground breakings, mentoring new Cham- Chamber of Commerce. I have no doubt they ber members, attending Chamber functions, HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. will exhibit the same integrity and dedication in helping at the Chamber Back Yard BBQ, and all future accomplishments. the list goes on. Chris has been a Chamber OF GEORGIA f Ambassador for several years and accepts all IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO TONI CHILDRESS challenges with a positive attitude and a can Tuesday, February 12, 2013 do spirit. Mr. JOHNSON of Georgia. Mr. Speaker, I HON. PAUL C. BROUN In addition to running a very successful submit the following Proclamation. OF GEORGIA business, Chris is always available when Whereas, Ninety years ago a virtuous IN THE HOUSE OF REPRESENTATIVES called upon. His dedication to the Golden woman of God was born in rural Georgia on Tuesday, February 12, 2013 makes him a real asset to the community. October 24, 1922; and Mr. BROUN of Georgia. Mr. Speaker, I rise I extend my deepest congratulations to Whereas, Mrs. Dannie G. Hollis was born to today to pay tribute to Ms. Toni Childress, a Chris Quoyeser for his well deserved recogni- inspire and motivate, she was educated in the compassionate advocate for children and fami- tion from the Greater Golden Chamber of local school system in Georgia, obtained sec- lies in northeast Georgia. For seven years, Commerce. I have no doubt he will exhibit the ondary educational degrees from West Geor- Ms. Childress has served as executive director same dedication and character in all his future gia College, Georgia State University, Pied- for Family Connection and Communities In accomplishments. mont Hospital/Emory University and the Uni- Schools of Stephens County, Incorporated. versity of Georgia; and The mission of the organization is simple—to f Whereas, this Phenomenal Proverbs 31 surround students with a community of sup- woman has shared her time and talents as a port, empowering them to stay in school and IN MEMORY OF OUR MOTHER: Wife, Mother, Grandmother and Medical Tech- achieve in life. MRS. BARBARA JEAN LEVETT nologist, giving the citizens of Georgia a per- Under her leadership, Family Connection son of great worth, a fearless leader and a and Community In Schools, FCCIS, has en- HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. servant to all who wants to advance the lives couraged children to accomplish more than of others; and they ever thought possible through effective lit- OF GEORGIA Whereas, Mrs. Hollis has been blessed with eracy and tutoring programs, as well as a IN THE HOUSE OF REPRESENTATIVES a long, happy life, devoted to helping others powerful mentoring program. Of the latter, one Tuesday, February 12, 2013 through her service in her community and pro- student shared, ‘‘My mentor has helped me to fession; and follow my dreams and keep my goals high.’’ Mr. JOHNSON of Georgia. Mr. Speaker, I Whereas, Mrs. Hollis along with her family This sincere expression of one student is rea- submit the following. and friends are celebrating this day a remark- son enough to honor Ms. Childress. However, One of God’s greatest gifts is to know your able milestone, her 90th Birthday, we pause to she is one who goes above and beyond the mother acknowledge a woman who is a cornerstone required assignment. For she loves you, guides you and molds you in our community in DeKalb County, Georgia; Where Ms. Childress sees a need, she will like no other and rise to the occasion to find a solution. When Her wisdom that she bestows on you is that Whereas, the U.S. Representative of the a social worker approached her about the lack from Heaven above Fourth District of Georgia has set aside this The serenity you have by being in her pres- of warm winter clothing for several students, ence is that of a dove day to honor and recognize Mrs. Hollis on her Ms. Childress organized a successful coat birthday and to wish her well and recognize Our mother has that joy that touches every- drive. Now, in its fourth year, FCCIS distrib- one she meets her for an exemplary life which is an inspira- utes more than seven hundred coats to chil- Her kindness is so precious and her love is oh tion to all; dren and adults throughout Stephens County. so sweet Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- Similarly, when Ms. Childress learned that To hear her voice in a time of need seems to SON, JR. do hereby proclaim October 24th, there is an alarming rate of child abuse and make everything alright 2012 as Mrs. Dannie G. Hollis Day in the 4th neglect in her community, she quickly orga- It’s nice to know that she has your best in- Congressional District of Georgia. terest by sending up prayers at night nized monthly workshops with the acknowl- Proclaimed, this 24th day of October, 2012. Being a mother, grandmother and a great edgment that change begins with awareness. f grandmother For this reason, it is my honor to acknowl- Our family was blessed to receive a love like ERA, A WATERS COMPANY edge Ms. Toni Childress for the significant no other contributions she has made to her community. A Proverbs 31 woman best describes our HON. ED PERLMUTTER Whether it is providing gift certificates for stu- mother to us OF COLORADO dent vision exams or welcome bags for new- Always so giving, always cheerful and never IN THE HOUSE OF REPRESENTATIVES born babies, Ms. Childress is passionate making a fuss The quality times that she shared with us Tuesday, February 12, 2013 about making a difference. On behalf of the United States Congress, I applaud her great are priceless moments in time Mr. PERLMUTTER. Mr. Speaker, I rise work and wish continued success for Family She will always be in our hearts, near us in spirit and in our thoughts when we today to recognize and honor ERA, A Waters Connection and Communities In Schools of Company, for receiving the Greater Golden reminisce in our mind Stephens County, Incorporated. The bond that she has with her family is Chamber of Commerce Chairman’s Award. f that like no other ERA moved into their new facilities in Gold- CHRIS QUOYESER We pray for God to comfort us in under- en from another metro community in Decem- standing and peace during the home ber of 2011, but it didn’t take ERA long to get going of our dear Mother involved in Golden. In addition to contributing HON. ED PERLMUTTER For the Family of Mrs. Barbara Jean OF COLORADO a great deal to the overall economic vitality of Levett. IN THE HOUSE OF REPRESENTATIVES the Greater Golden Area, ERA has a real pas- For Mrs. Barbara Jean Levett. sion to help others, and Soles4Souls became Tuesday, February 12, 2013 Sunrise: January 1, 1933–Sunset: November a project Carl Craig, ERA President, stepped Mr. PERLMUTTER. Mr. Speaker, I rise 3, 2012. forward to assist. He offered Soles4Souls, a today to recognize and honor Chris Quoyeser Penned November 4, 2012 by Eric Charles.

VerDate Mar 15 2010 01:57 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\K12FE8.009 E12FEPT1 pwalker on DSK7TPTVN1PROD with REMARKS February 12, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E127 DEDICATION OF A PORTION OF commitment to the families of the school was would likely shy away from the attention. Born INTERSTATE 80 IN MEMORY OF exemplified in the wake of Superstorm Sandy. in Idaho, Mr. Poland made Southeast Ala- HIGHWAY PATROL OFFICER RAY- Dr. Sykoff ensured that those displaced found bama his home in the 1960s. He served in the MOND CARPENTER places within the community to stay days after Army before settling down as a diesel me- the storm hit. The school has also helped sup- chanic. When he retired, he took up a part- HON. TOM McCLINTOCK port local charities that help the many resi- time job as a bus driver. Ultimately, Mr. Po- OF CALIFORNIA dents affected by the storm. land was asked to become a full-time bus driv- In addition to his involvement with Ranney IN THE HOUSE OF REPRESENTATIVES er in 2009. School, Dr. Sykoff is an active member of the Mr. Poland was a beloved husband to Jan, Tuesday, February 12, 2013 community-at-large. He is a member of the his wife of over 40 years; a loving father to his Mr. MCCLINTOCK. Mr. Speaker, I rise today Board of Trustees at the Riverview Medical son, Aaron, and daughter, Lydia; and doting to join the city of Rocklin in dedicating a por- Center Foundation in Red Bank and the Amer- ‘‘Paw-Paw’’ to his three grandsons, Timothy, tion of Interstate 80 in memory of Highway Pa- ican Cancer Society, where he also serves on Ryan, and Blake. trol Officer Raymond Carpenter. the Eastern Division’s Board of Directors. He Mr. Poland and his wife shared a favorite This dedication is meant to pay tribute to also served on the Board of Trustees of Count Bible verse, which, in this moment seems very Ray’s life and his long service to our nation Basie Theatre in Red Bank and was recog- fitting. ‘‘For the which cause I also suffer these and our community. nized for his ongoing support of the arts. Dr. things: nevertheless I am not ashamed: for I His great sense of duty and commitment Sykoff has received numerous commendations know whom I have believed, and am per- came as no surprise to those who knew his for his work in the community and his commit- suaded that He is able to keep that which I story; in fact it was a testament to his humble ment to education. He was honored with the have committed unto him against that day.’’— upbringing. He was born in a small cabin and 2012 Quarter Century Award by the Council 2 Timothy 1:12 raised on the Sullivan Ranch in Auburn, where for Advancement and Support of Education, According to his son, Mr. Poland viewed his he learned the long hours and hard work of a CASE, and received the Crystal Star Award students as his own children, and he looked ranch hand. This hardy experience taught him from the nonprofit Holiday Express. after them as though they were his own. the uniquely American values of hard work During Dr. Sykoff’s tenure, Ranney School Chuck Poland would be proud to watch them and the freedom that self-reliance provides. has expanded enrollment and completed an grow up; to see the men and women they be- That same tenacity and perseverance would accreditation process. He has also overseen come. lead him to later become an Alaskan home- the expansion of school buildings and mod- One of the children might grow up to be a steader while stationed there as a Technical ernization of athletic facilities. The improve- scientist who makes the next big discovery or Sergeant with the U.S. Air Force, building his ments to Ranney School have helped highlight cures a disease. One might start a major com- own cabin on the frontier of our nation, like his the school’s merit. pany that employs thousands. One might be a forebears before him had in the rugged wilder- Mr. Speaker, once again, please join me in soldier who fights valiantly for our country. ness of northern California. congratulating Dr. Lawrence Sykoff on his re- One might be a teacher, a nurse or a fire- It was to the blessing of his native state that tirement and thanking him for his service and fighter who makes a difference in the lives of Ray was called to return home in 1956, where commitment to education. others. But one thing is for sure—they each his love of the outdoors, motorcycles, and his f have the chance to live a full and happy life passion for service led him to the California REMEMBERING CHARLES ‘‘CHUCK’’ because their bus driver, Mr. Poland, was will- Highway Patrol. His kind disposition made him ALBERT POLAND, JR. ing to give his life for theirs. friends easily, and he was always fast in offer- The author Joseph Campbell wrote, ‘‘A hero ing a helping hand. Whether in his time with is someone who has given his or her life to the Air Force or as a Highway Patrol Officer HON. MARTHA ROBY something bigger than oneself.’’ OF ALABAMA after returning to California, Ray had spent the Mr. Speaker, today we recognize a true IN THE HOUSE OF REPRESENTATIVES better part of his life in service to his fellow hero. Chuck Poland gave his life so that oth- Americans. It was in that service that Ray sur- Tuesday, February 12, 2013 ers may live and, for that, he will always be rendered his life when he was shot and killed Mrs. ROBY. Mr. Speaker, I rise today to remembered. in the line of duty on February 17, 1970. recognize the heroic actions of Mr. Charles f Mr. Speaker, while Ray’s life was cut short, ‘‘Chuck’’ Albert Poland, Jr., a school bus driver we must celebrate his contributions, for as from Southeast Alabama who died protecting HONORING MR. JOHN OSCAR General Patton said ‘‘it is foolish and wrong to the lives of the children in his care. BOONE, SR. mourn the men who died. Rather we should Tuesday, January 29, started out just like thank God that such men lived.’’ I am proud another day for Mr. Poland, who had worked HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. today to rise to honor his memory and in as a school bus driver for the Dale County OF GEORGIA grateful recognition of his many years of serv- Schools system since 2009. However, that IN THE HOUSE OF REPRESENTATIVES ice and sacrifice. afternoon while completing his route, an Tuesday, February 12, 2013 f armed man entered Mr. Poland’s school bus and demanded to take children hostage. Mr. JOHNSON of Georgia. Mr. Speaker, I IN RECOGNITION OF LAWRENCE S. Faced with this perilous situation, Mr. Poland present the following U.S. Citizen of Distinc- SYKOFF, ED.D. rushed the children out the bus emergency tion. exit and to safety. Standing between the gun- Whereas, our nation is blessed to have this HON. FRANK PALLONE, JR. man and the children, Mr. Poland was shot innovator and pioneer touch the lives of thou- OF NEW JERSEY four times and killed. There is little doubt that sands through his leadership and service; and IN THE HOUSE OF REPRESENTATIVES Mr. Poland’s actions saved lives. Whereas, Mr. John Oscar Boone, Sr.’s leg- This, of course, began the week-long hos- acy is present throughout the nation and the Tuesday, February 12, 2013 tage standoff, which, thankfully, ended with world for all to see, being the first African Mr. PALLONE. Mr. Speaker, I rise today to the amazing rescue of the child hostage. But American appointed to head a major state recognize Dr. Lawrence S. Sykoff, Ed.D., on who knows how the situation might have prison in the United States, serving many his retirement as Head of School of Ranney ended had Mr. Poland not bravely stood in the roles in the American Correctional System: School in Tinton Falls, NJ. Dr. Sykoff has gunman’s way. Commissioner, Superintendent and Director; served as Ranney School’s Head of School Mr. Speaker, as a mother of two young chil- he valiantly served our country in the U.S. for 20 years, and his accomplishments are to dren, I am particularly moved by the actions Army Air Force during World War II; and be celebrated. Chuck Poland took to protect the children in Whereas, this giant of a man transformed Much of Dr. Sykoff’s 35 years within the his care. It is difficult to even imagine our chil- the American Correctional System, he was in- education field have been spent at Ranney dren being in such danger. How heartening to strumental in the implementation of the Fed- School. He has been a dedicated and involved know that—whether in a classroom or on a eral Rehabilitation Act of 1965 and he rep- Head of School throughout his tenure. He has school bus—people like Mr. Poland are look- resented our nation on an international level, been a hands-on administrator, giving lec- ing out for students and protecting them. he inspired elected officials, motivated the tures; playing guitar along with the music stu- Those who know Chuck Poland best speak young and the old, as he accomplished so dents; and rooting on the athletic teams. His to his quiet, humble spirit. They note that he much during his time on this earth; and

VerDate Mar 15 2010 01:57 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K12FE8.012 E12FEPT1 pwalker on DSK7TPTVN1PROD with REMARKS E128 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 2013 Whereas, this remarkable man gave of him- County Teacher of the Year award in 2011. CONGRESSIONAL RECOGNITION self, his time, his talent and his life; Mr. Boone While the list of Mr. Varner’s achievements ex- FOR UNITED WAY OF TUCSON inspired others to do the same by witnessing tends far beyond what is noted here, they all AND SOUTHERN ARIZONA him walk the walk and talk the talk, he opened highlight his unwavering devotion to improving doors for others to enter; and the lives of those around him and to bettering HON. RON BARBER Whereas, Mr. Boone led by doing behind his community through service. OF ARIZONA the scenes and on the front lines for many; IN THE HOUSE OF REPRESENTATIVES Mr. Boone was a husband, a father, a grand- In addition to his devotion to his students, father, a brother and a friend; he was our war- Mr. Varner was a man of faith and committed Tuesday, February 12, 2013 rior, our patriarch, a man of great integrity who to his parish. For nearly 20 years, he assisted Mr. BARBER. Mr. Speaker, I rise today to remained true to the uplifting of the community Youth Ministry with planning, organizing, and honor the United Way of Tucson and Southern until his end; and assisting in many diocesan youth events. He Arizona, which has been recognized as a Whereas, the U.S. Representative of the was also a talented musician, who used his leader among its peers. Fourth District of Georgia has set aside this gift of music to write and play songs for The United Way of Tucson and Southern day to bestow an honorable distinction and church services and school functions. Arizona is in the top 2 percent of all United recognition on Mr. John Oscar Boone, Sr., for Northwest Florida, Escambia County, Flor- Way organizations in the country, according to his leadership, friendship and service to all of ida, and the many students whose lives were a new business performance index developed the citizens of Georgia and throughout the Na- by United Way Worldwide. This special status touched by Mr. Varner, mourn the loss of an tion; as a citizen of great worth and so noted is based on leadership abilities, engagement exceptional man. His contributions and service distinction; in the community and for developing and im- Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- to the community and this great nation will for- plementing community strategies that get re- SON, JR. do hereby attest to the 112th Con- ever be remembered. sults. gress that Mr. John Oscar Boone, Sr., of Mr. Speaker, on behalf of the United States That means that they are among the top 24 Georgia is deemed worthy and deserving of Congress, I am privileged to honor the exem- United Ways in the country—and I couldn’t be this ‘‘Congressional Honorable Distinction’’— plary life of Michael David Varner. My wife prouder to have them serving Southern Ari- Mr. John Oscar Boone, Sr., U.S. Citizen of Vicki and I offer our prayers to his wife Kath- zona. Distinction, in the 4th Congressional District of leen, his sons Jason and Brian, his parents The United Way of Tucson and Southern Georgia. Richard and Madeleine, his siblings Valarie Arizona serves a community of more than 1 Proclaimed, this 8th day of December, and Richard, and Mr. Varner’s entire family million residents. Only 55 of the 1,215 United 2012. and friends. He will be truly missed by all. Way organizations in the nation are that large. f The United Way of Tucson and Southern Arizona was recognized for its impact pro- f HONORING THE LIFE AND SERVICE moting early literacy skills, engaging youth in OF MICHAEL DAVID VARNER HONORING DAVE OWENS afterschool programs, helping families become more financially stable and helping seniors re- HON. JEFF MILLER main healthy and active. OF FLORIDA HON. CORY GARDNER I especially want to recognize the accom- IN THE HOUSE OF REPRESENTATIVES plishments of Tony Penn, president and chief OF COLORADO Tuesday, February 12, 2013 executive officer of the United Way of Tucson IN THE HOUSE OF REPRESENTATIVES and Southern Arizona. As a leader in his field, Mr. MILLER of Florida. Mr. Speaker, I rise Mr. Penn and the United Way of Tucson and today to recognize the life and service of Tuesday, February 12, 2013 Southern Arizona will be asked to share their Northwest Florida’s beloved Michael David best practices with other United Way organiza- Varner, who passed away on February 6, Mr. GARDNER. Mr. Speaker, today I rise to tions around the country. 2013. During his long and distinguished career honor Dave Owens, a Colorado businessman Mr. Penn and his organization are deeply in education, Mr. Varner served as a mentor with a strong commitment to his community. committed to getting more children into high- and an inspiration to countless individuals As the owner of FASTSIGNS Greeley, Dave quality childcare, providing mentors for under- throughout Northwest Florida. After an ardu- has built a business that has created jobs and served teens, preparing free tax returns for ous battle with brain cancer, the loss of a provided economic value to Greeley and be- low- to moderate-income families and pro- great man and unparalleled public servant and yond. Small businesses throughout the area viding volunteer opportunities to seniors to educator is felt not only here at home, but have come to rely on FASTSIGNS and the keep them healthy and engaged in the com- across the state of Florida. services it provides. munity. Mr. Varner was born on October 8, 1953, in I know firsthand the impact that the United Highland Falls, New York. Upon graduating in In addition to growing and managing a suc- Way can have on a community, having had 1971 from Niceville High School in Northwest cessful business, Dave has invested both time the honor to serve on the United Way of Tuc- Florida, Mr. Varner attended Okaloosa–Walton and resources into the community. son and Southern Arizona’s board. Southern Community College, as well as, the University Dave and his company have sponsored Arizonans are lucky to have the dedicated and of South Florida. He continued his education countless events, charities, youth groups, and talented staff of the United Way helping to at the University of West Florida, where he causes. His support has benefited the children strengthen our community each and every earned a Bachelors of Science and Masters of of the Boys and Girls Club of Weld County, day. Science in Teaching. the survivors of domestic violence at A Wom- I am proud to recognize the United Way of Mr. Varner’s passion for educating led him Tucson and Southern Arizona as well as its to Tate High School, where he taught biology an’s Place, and the countless many who de- pend on the services of the United Way. And board members and its staff under the direc- for 35 years. He also served as an adjunct tion of Tony Penn for their significant contribu- when the men and women of the armed serv- professor at Pensacola State College for ten tions to our community. ices return home from abroad, they often see years. During his years as an educator, his f commitment was always to the students and a welcome home banner donated by Dave. helping them reach their goals, both in and out On February 7, 2013, Dave was honored at REMEMBERING EDWARD L. of the classroom. Mr. Varner coached soccer, the Greeley Chamber of Commerce Annual MAXWELL sponsored Student Government and Ex- Dinner and Awards. He was recognized for his change Club, and served as sponsor to both creativity and imagination as a business owner HON. STENY H. HOYER the sophomore and senior classes for stu- as well as his leadership and involvement in OF MARYLAND dents at Tate High School. support of his community. IN THE HOUSE OF REPRESENTATIVES Mr. Varner has been widely recognized and honored for his years of teaching and service I join the Greeley Chamber of Commerce in Tuesday, February 12, 2013 to the community with ‘‘Who’s Who Among congratulating Dave Owens, and I wish him Mr. HOYER. Mr. Speaker, I was saddened Teachers,’’ Florida Biology Teacher of the continued success in business and his many to learn this week of the passing of Edward L. Year, and most recently with the Escambia civic involvements. Maxwell, an old friend who was a community

VerDate Mar 15 2010 01:57 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A12FE8.014 E12FEPT1 pwalker on DSK7TPTVN1PROD with REMARKS February 12, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E129 leader in Prince George’s County, Maryland. diatric research network dedicated to finding Coleman Carroll High School in Miami, Flor- He was 80 years old when he lost his battle treatments and cures for pediatric diseases ida. Founded in 1998 and administered by the to cancer on January 29. and conditions, especially those that are rare. Carmelite Sisters, Carroll offers its students Born in 1932 in Phenix City, Alabama, a This legislation will only help to build upon a the opportunity to pursue a rich academic cur- stone’s throw from Fort Benning, Edward strong body of existing pediatric research to riculum in an environment that fosters both in- dreamed even as a boy of serving his country help our nation’s children lead full, healthy tellectual and spiritual strength. in the U.S. Army. At age 13, he rode a freight lives. Archbishop Coleman Carroll High School train to Washington, DC, with his older brother On Roll Call No. 32, H.R. 297, the Chil- has established itself as a school with a chal- Stephen to chase the dream of a better life, dren’s Hospital GME Support Reauthorization lenging and thorough academic program while and he attended Spingarn High School. In Act of 2013, I would have voted ‘‘yea’’ to forming a partnership between students, par- 1950, at age 18, Edward volunteered for the amend the Public Health Service Act to extend ents and teachers. This has fostered a family- U.S. Army and was sent to Korea, where he and reauthorize appropriations to children’s centered environment that extends beyond the was wounded in both legs and expected to be hospitals for expenses associated with grad- classroom and leads to the success of its stu- paralyzed permanently. uate medical residency training programs. This dents. As such, Carroll’s alumni have gone on With grit and hard work, Edward spent time legislation will help provide ongoing and con- to some of our nation’s most prestigious uni- in rehab at Walter Reed Army hospital and sistent training of doctors and build our na- versities and are leaders in their communities. was able to walk again. Following his military tion’s pediatric physician workforce. Part of what has made Carroll such a suc- service, he studied at the Veterans Vocational f cessful school is its faculty’s focus on ensuring Institute, the Cortez Peters Business School, that its students excel both inside and outside the LaSalle School of Accounting, and the HONORING MR. JOHN EVANS of the classroom. In addition to its robust aca- George Washington University. With a pench- demics, Archbishop Coleman Carroll is home ant for math and a love of learning, Edward HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. to an outstanding athletic program that has embarked on a career in business that would OF GEORGIA earned the Bulldogs numerous district and re- eventually lead him to become a successful IN THE HOUSE OF REPRESENTATIVES gional championships. Moreover, students at small business owner and founder of the Best Tuesday, February 12, 2013 Carroll can participate in 18 different extra- Value and Allen’s Discount retail stores. He curricular clubs, nine honor societies and a Mr. JOHNSON of Georgia. Mr. Speaker, I started it all by selling encyclopedias, vacuum campus ministry program designed to nurture submit the following proclamation. cleaners, and insurance policies—and working Whereas, a tenacious man from Nashville, faith and good values. at fast-food restaurants—until he could afford Tennessee utilizes his gifts, talents and wis- Mr. Speaker, I am honored that Florida’s to start his own businesses. dom everyday to ensure that citizens are pro- 26th Congressional District is home to Arch- Later, Edward started other successful busi- vided helpful resources in the state of Geor- bishop Coleman Carroll, as well as most of its nesses, including a casino that contributed gia; and students and ask that my colleagues join me hundreds of thousands of dollars to help indi- Whereas, Mr. John Evans is a renowned in congratulating its students, faculty and par- viduals in the community afford college and leader not only for the DeKalb County branch ents on its 15th anniversary. pursue opportunities for their families. He of the NAACP, but as a father and community f launched a non-profit to help disabled vet- leader in DeKalb County, Georgia; and erans like himself access their earned benefits CELEBRATING 150 YEARS OF Whereas, Mr. John Evans has served in RAILWAY HISTORY IN MAGNOLIA and find jobs, and he donated so much food many different roles throughout his life being a to the needy over the holidays that, over the former DeKalb County Commissioner, a years, he became known locally as the ‘‘Tur- former Marta Board of Directors, a former HON. KEVIN BRADY key Man.’’ player in the Negro Baseball League with the OF TEXAS I first came to know Edward in the 1970s, Indianapolis Clowns; he has worked in Cor- IN THE HOUSE OF REPRESENTATIVES when I was working as a lawyer in Prince porate America as well as Main Street Amer- Tuesday, February 12, 2013 George’s County. He was a cherished mem- ica being a strong advocate of justice, edu- ber of the community who was not only a man Mr. BRADY of Texas. Mr. Speaker, I rise cation, equality and family; and today to honor a great community in my dis- of business but a man of deep faith in God Whereas, he has shared his time and tal- trict. Magnolia, Texas, is celebrating 150 years and faith in his fellow men and women. Ed- ents for the betterment of his community and of railway history with a new title—Train Town. ward was also a loving husband, father, his nation through his tireless works, words of grandfather, and uncle. This designation from the Union Pacific Rail- encouragement and inspiration that have and road will be official on Tuesday, February 12 Edward married his wife Freida in 1962, and continues to be a beacon of light to those in after 50 years together, she survives him. So when Union Pacific officials present the award need; and to the Magnolia Historical Society, the City of does their daughter Gene and four sons: Whereas, the U.S. Representative of the Magnolia and the Greater Magnolia Chamber Kermit, Zach, Edward Jr., and Mike. He was Fourth District of Georgia has set aside this of Commerce. also blessed with six grandchildren. day to honor and recognize John Evans for It’s fitting that the presentation will take I join in mourning Edward’s passing and in his outstanding leadership and service to the place at Magnolia’s historic Depot. While it offering my condolences to Freida and their citizens in the state of Georgia, his community may only be 110 years that the town has been entire family. He will be missed by the entire temperament is to be acknowledged and his officially called Magnolia, this community’s rich Prince George’s County community, and his commitment to the citizens throughout the history dates back to the mid-1800s. By the generosity, big heart, and warm spirit will be state continues to touch the lives of citizens in roaring twenties, Magnolia was a rail shipping long remembered. our District; center for everything from lumber to livestock f Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- and just about anything you could send on the SON, JR. do hereby proclaim October 27, 2012 PERSONAL EXPLANATION rails. as John Evans Day in the 4th Congressional Thank you, Union Pacific, for your efforts to District. recognize America’s train history and these HON. RON BARBER Proclaimed, this 27th day of October, 2012. amazing train towns like Magnolia. Keeping a OF ARIZONA f IN THE HOUSE OF REPRESENTATIVES connection to our past is so important for our MARKING ARCHBISHOP COLEMAN future. Tuesday, February 12, 2013 CARROLL HIGH SCHOOL’S 15TH Magnolia’s historic Depot is located right in Mr. BARBER. Mr. Speaker, due to airplane ANNIVERSARY the heart of downtown at 426 Melton Street. In mechanical difficulties, I missed two recorded 2005, rather than tear it down to make way for votes on February 4. I would like the Record HON. JOE GARCIA a road expansion, it was carefully moved so it to indicate at this point how I would have OF FLORIDA can continue to be a tangible link to Magno- voted had I been present for those votes. IN THE HOUSE OF REPRESENTATIVES lia’s rich heritage and a big part of the com- On Roll Call No. 31, H.R. 225, the National munity we love. Pediatric Research Network Act of 2013, I Tuesday, February 12, 2013 Thanks to the Magnolia Historical Society, would have voted ‘‘yea’’ to allow the National Mr. GARCIA. Mr. Speaker, I rise today to everyone who comes to the Depot can enjoy Institutes of Health to establish a national pe- recognize the 15th anniversary of Archbishop what the train city must have looked like and

VerDate Mar 15 2010 01:57 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A12FE8.016 E12FEPT1 pwalker on DSK7TPTVN1PROD with REMARKS E130 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 2013 enjoy getting away from the present and im- Whereas, P/Sgt. William P. Tuggle was observations about nature and the environ- mersed in history. From the solid plank wood trained as a Combat/Recon Military Engineer, ment. She performed research on the dangers floors, exposed wood trusses, and sliding he served in the United States Army, received of pesticides, and her findings were sustained freight doors, the Depot and its adjacent rail- numerous Military Citations such as the Com- by the Science Advisory Committee, created road tracks that were such a part of Magno- bat Service Award, the Bronze Star, the Com- during President John F. Kennedy’s adminis- lia’s early days are preserved for future gen- bat Service Award, the Army Commendation tration. As a result, federal and state legisla- erations so they too can enjoy a real Train Award and an Appreciation Certificate from tures enacted pesticide legislation. Her work City. Their efforts to revive a piece of Magno- President Richard Nixon; and also paved the way for groundbreaking envi- lia’s past for all of us to enjoy deserve this Whereas, P/Sgt. Tuggle has shared his time ronmental protection legislation throughout the honor. and talents as a family man, serviceman and world. Ms. Carson was inducted into the As Magnolia continues to grow, I am con- mentor, giving the citizens of the United States American Academy of Arts and Letters and re- fident it will never lose its Train Town heritage a person of great worth, a fearless leader and ceived many other honors. She died on April and how Magnolia’s Depot connected Mont- a servant to all advancing the lives of others, 14, 1964, in Silver Spring, Maryland, leaving a gomery county to the world. through service to our country in the U.S. rich legacy that will continue to benefit present f Army and being the ideal husband, father, and future generations well beyond the 50th church member and grandfather; and anniversary of Silent Spring. INTRODUCTION OF THE ‘‘END BIG Whereas, P/Sgt. Tuggle has been blessed Last year, I testified at a meeting of the Na- OIL TAX SUBSIDIES ACT’’ with a long, happy life, devoted to God and tional Capital Memorial Advisory Commission credits it all to the Will of God; and on the bill. The commission asked for addi- HON. EARL BLUMENAUER Whereas, P/Sgt. Tuggle along with his fam- tional information on Carson’s work in the OF OREGON ily and friends are celebrating this day a re- park. We are providing the commission with IN THE HOUSE OF REPRESENTATIVES markable milestone, his 80th Birthday, we such information, and would expect its support Tuesday, February 12, 2013 pause to acknowledge a man who is a corner- for the designation at its next meeting. Mr. BLUMENAUER. Mr. Speaker, in the stone in our community; and My bill serves to commemorate Rachel Car- midst of budget turmoil, the upcoming debt Whereas, the U.S. Representative of the son for her tireless efforts to make the District ceiling limit, and looming sequestration cuts, I Fourth District of Georgia has set aside these of Columbia, the United States, and, indeed, am introducing legislation that could save days to honor and recognize P/Sgt. Tuggle on the world a better and safer place for us all. American taxpayers almost $40 billion over his birthday and to wish him well and recog- The trail designated by the bill, located in the the next 5 years. nize him for an exemplary life which is an in- NPS’s Glover Archbold Park in the District, will Right now, Americans are subsidizing some spiration to all; be known as the ‘‘Rachel Carson Nature of the largest and most profitable companies Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- Trail.’’ The bill ensures that Rachel Carson’s in the world with their tax dollars. Taxpayers SON, JR. do hereby proclaim October 31, 2012 contributions will be remembered and treas- currently subsidize oil injection, extraction, ex- as P/Sgt. William P. Tuggle Day in Georgia’s ured for years to come. ploration, drilling, injection, manufacturing, 4th Congressional District. I strongly urge my colleagues to support the pricing, and inventory valuing, by offsetting for- Proclaimed, this 31st day of October, 2012. legislation. eign taxes, providing generous credits and de- f f ductions, and offering tax shelters. INTRODUCTION OF THE RACHEL IN RECOGNITION OF CHIEF The ‘‘End Big Oil Tax Subsidies Act,’’ would CARSON NATURE TRAIL DES- ARTHUR N. COSENTINO end 10 of the most egregious tax loopholes IGNATION ACT OF 2013 enjoyed by the oil industry—tax loopholes that have helped BP, Chevron, ConocoPhillips, HON. FRANK PALLONE, JR. ExxonMobil and Shell make a combined profit HON. ELEANOR HOLMES NORTON OF NEW JERSEY of nearly $1 trillion over the past decade. The OF THE DISTRICT OF COLUMBIA IN THE HOUSE OF REPRESENTATIVES legislation is modeled on President Obama’s IN THE HOUSE OF REPRESENTATIVES Tuesday, February 12, 2013 proposal to eliminate oil and gas tax pref- Tuesday, February 12, 2013 Mr. PALLONE. Mr. Speaker, I rise today to erences in his FY 2013 Budget. Ms. NORTON. Mr. Speaker, I introduce the congratulate Chief Arthur N. Cosentino on his Extremely profitable, well-established, large Rachel Carson Nature Trail Designation Act of retirement from the West Long Branch Police corporations do not need enormous subsidies 2013, to recognize Rachel Carson, an environ- Department. Chief Cosentino has dutifully from the government and we simply cannot af- mental pioneer and inspiration for environ- served the Borough of West Long Branch for ford to let them continue. It is well established mental consciousness best known for her over 35 years. in a global petroleum market that this subsidy groundbreaking book Silent Spring. In Sep- Chief Cosentino began his law enforcement has zero impact on reducing prices for Amer- tember 2012, we celebrated the 50th anniver- career in 1976 when he was hired as a patrol- ican consumers. Instead of padding the bot- sary of the publication of Silent Spring, which man with the West Long Branch Police De- tom of oil companies, this money could be has been translated into more than a dozen partment. He served as a criminal investigator better spent renewing and rebuilding our na- languages. The idea for my bill, which des- in the Detective Bureau for over 15 years, tion’s infrastructure. It could be used to stave ignates a National Park Service trail in the when he was promoted to Sergeant in 1997. off some of the most draconian cuts that fami- District of Columbia in honor of Ms. Carson, He quickly advanced the ranks, earning pro- lies will face this spring if Congress does not was brought to me by Glover Park residents. motions to Lieutenant and then Captain in act on sequestration. Finally, the resources Ms. Carson was born on May 27, 1907, on 2004 and finally Chief of Police in 2006. could be redirected to level the playing field a farm in Springdale, Pennsylvania, graduated In addition to his career with the police de- for emerging technologies like wind and solar. magna cum laude with a biology degree from partment, Chief Cosentino was actively in- I hope my colleagues will join me in sup- the Pennsylvania College for Women (later volved in the community. He has been in- porting this important legislation. Chatham College), and received a full scholar- volved with the West Long Branch Fire De- f ship that enabled her to obtain a master’s de- partment, West Long Branch First Aid Squad, TRIBUTE TO P/SGT. WILLIAM P. gree in marine zoology from Johns Hopkins West Long Branch Office of Emergency Man- TUGGLE University in Baltimore. A world-renowned en- agement, Amerigo Vespucci Society, West vironmental scientist, writer, and educator, Ms. Long Branch Lions Club, and the West Long HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. Carson worked as a federal employee for Branch Sports Association. He is also Past most of her professional life as a writer, editor, President and a current member of the Police- OF GEORGIA and ultimately, Editor-in-Chief for the U.S. De- men’s Benevolent Association Local 141, a IN THE HOUSE OF REPRESENTATIVES partment of Fish and Wildlife Service’s publi- member of the International Association of Tuesday, February 12, 2013 cations department. Chiefs of Police and a member of the Mon- Mr. JOHNSON of Georgia. Mr. Speaker, I Ms. Carson accomplished much of her sem- mouth County Police Chiefs Association, serv- submit the following Proclamation. inal professional work as a federal employee ing as its President in 2012. Whereas, Eighty years ago on October 31, at the U.S. Department of the Interior in the Chief Cosentino earned his Associates De- 1932 a tenacious man of God was born in District. She often used Glover Archbold Park gree in Criminal Justice from Brookdale Com- Monticello, Georgia; and in the District as a site from which she drew munity College in 1991 and later returned to

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The school’s award- the members of the Solid Rock Missionary ious awards and commendations recognizing winning academic curriculum is tailored to Baptist Church family today continues to uplift his dedication and achievements. He has meet the individual needs of its students and and inspire those in our county; and equips them with the tools they need to lead been presented with the Meritorious Service Whereas, the Solid Rock Missionary Baptist successful lives. It also boasts an athletic pro- Award for heroic actions during a fire in 2000, Church family has been and continues to be the Unit Citation Medal for detection and ap- gram that competes across 15 different sports a place where citizens are touched spiritually, prehension of two armed robbers in 2004, and and has earned dozens of district and state the Outstanding Achievement Medal for sub- championships. mentally and physically through outreach min- stantial burglary clearances in 2004, among Columbus works to develop young men of istries and community partnership to aid in many others. A graduate of Shore Regional good social conscience and social responsi- building up our District; and High School, Chief Cosentino was also in- bility, offering its students daily morning masses, weekly youth group meetings and op- Whereas, this remarkable and tenacious ducted into the High School’s Hall of Fame in portunities for community service. Church of God has given hope to the hope- 2006. Among Columbus’ alumni are some of less, fed the needy and empowered our com- Mr. Speaker, once again, please join me in America’s leading entrepreneurs, elected offi- munity for the past twenty (20) years; and congratulating Chief Arthur Cosentino on his cials, distinguished scientists and doctors, pro- Whereas, this Church has produced many retirement from the West Long Branch Police fessional athletes, high ranking officers in our spiritual warriors, people of compassion, peo- Department. His selfless commitment to the armed forces, a Pulitzer Prize winner, a Presi- community is deserving of this body’s recogni- dential Medal of Freedom recipient and the ple of great courage, fearless leaders and tion. poet at the 2013 inauguration of President servants to all, but most of all visionaries who f Barack Obama. have shared not only with their Church, but HONORING CHRISTOPHER Mr. Speaker, for all of the achievements that with DeKalb County their passion to spread COLUMBUS HIGH SCHOOL I have cited and those that time constraints do the gospel of Jesus Christ; and not allow me to list, I ask that my colleagues Whereas, the U.S. Representative of the join me in honoring Christopher Columbus HON. JOE GARCIA High School. It is only fitting that Columbus’ Fourth District of Georgia has set aside this OF FLORIDA motto be Adelante, for this school has cer- day to honor and recognize the Solid Rock IN THE HOUSE OF REPRESENTATIVES tainly been moving South Florida and America Missionary Baptist Church family for their lead- Tuesday, February 12, 2013 forward for over half a century. ership and service to our District on this the Mr. GARCIA. Mr. Speaker, I rise today to f 20th Anniversary of their founding; honor a very special school in the congres- TRIBUTE TO SOLID ROCK Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- sional district that I am honored to represent. MISSIONARY BAPTIST CHURCH SON, JR. do hereby proclaim November 11, For 55 years, Christopher Columbus High 2012 as Solid Rock Missionary Baptist Church School has instilled in its students strong val- Day in the 4th Congressional District of Geor- ues and served South Florida as an institution HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. OF GEORGIA gia. of academic excellence and athletic achieve- IN THE HOUSE OF REPRESENTATIVES ment. Columbus has educated thousands of Proclaimed, this 11th day of November, fine young men and community leaders, in- Tuesday, February 12, 2013 2012. cluding my brothers, some of my close friends Mr. JOHNSON of Georgia. Mr. Speaker, I and members of my staff. submit the following Proclamation.

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HIGHLIGHTS Senate passed S. 47, Violence Against Women Act, as amended. House and Senate met in Joint Session to receive a State of the Union Address from the President of the United States. Senate ty’s membership on certain committees for the One Chamber Action Hundred Thirteenth Congress, or until their succes- Routine Proceedings, pages S597–S662 sors are chosen. Page S662 Measures Introduced: Ten bills and two resolu- Escort Committee—Agreement: A unanimous- tions were introduced, as follows: S. 280–289, and consent agreement was reached providing that the S. Res. 29–30. Page S657 Presiding Officer of the Senate be authorized to ap- Measures Passed: point a committee on the part of the Senate to join Violence Against Women Act: By 78 yeas to 22 a like committee on the part of the House to escort nays (Vote No. 19), Senate passed S. 47, to reauthor- the President of the United States into the House ize the Violence Against Women Act of 1994, after Chamber for the joint session to be held at 9 p.m., taking action on the following amendments proposed on Tuesday, February 12, 2013. Page S662 thereto: Pages S598–S645 Message from the President: Senate received the Adopted: following message from the President of the United By 93 yeas to 5 nays (Vote No. 15), Leahy Modi- States: fied Amendment No. 21, to authorize appropriations Transmitting the report on the State of the Union for fiscal years 2014 through 2017 for the Traf- delivered to a Joint Session of Congress on February ficking Victims Protection Act of 2000, to enhance 12, 2013; which was ordered to lie on the table. measures to combat trafficking in persons. (PM–2) Pages S651–55 Pages S601–10 By a unanimous vote of 100 yeas (Vote No. 16), Executive Communications: Pages S655–57 Portman/Blumenthal Amendment No. 10, to clarify Executive Reports of Committees: Page S657 that child victims of sex trafficking are eligible to Additional Cosponsors: Pages S657–58 receive assistance under grants provided to enhance the safety of youth and children. Pages S610–11 Statements on Introduced Bills/Resolutions: Leahy (for Murkowski) Amendment No. 11, to Pages S658–61 improve the bill. Pages S611–12 Additional Statements: Pages S647–51 Rejected: Notices of Hearings/Meetings: Page S662 By 46 yeas to 53 nays (Vote No. 17), Coburn Amendment No. 15, to more quickly resolve rape Authorities for Committees to Meet: Page S662 cases and reduce the deficit by consolidating unnec- Privileges of the Floor: Page S662 essary duplication within the Department of Justice. Record Votes: Five record votes were taken today. Pages S598, S612–13 By 43 yeas to 57 nays (Vote No. 18), Coburn (Total—19) Pages S609–11, S613–14, S616 Amendment No. 16, to amend the requirements for Adjournment: Senate convened at 10 a.m. and ad- speedy notice to victims and to require a report to journed at 10:24 p.m., until 10 a.m. on Wednesday, Congress. Pages S598, S613–14 February 13, 2013. (For Senate’s program, see the re- Majority Party’s Committee Membership: Senate marks of the Majority Leader in today’s Record on agreed to S. Res. 29, to constitute the majority par- page S662.) D93

VerDate Mar 15 2010 05:23 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D12FE3.REC D12FEPT1 pwalker on DSK7TPTVN1PROD with DIGEST D94 CONGRESSIONAL RECORD — DAILY DIGEST February 12, 2013 Graham, McConnell, Kirk, Coats, Blunt, Johanns, Committee Meetings and Boozman. (Committees not listed did not meet) Subcommittee on Transportation and Housing and Urban Development, and Related Agencies: Senators BUSINESS MEETING Murray (Chair), Mikulski, Durbin, Leahy, Harkin, Committee on Appropriations: Committee announced Feinstein, Johnson (SD), Lautenberg, Pryor, Reed, the following subcommittee assignments for the Collins, Shelby, Alexander, Graham, Kirk, Coats, 113th Congress: Blunt, Moran, and Boozman. Subcommittee on Agriculture, Rural Development, Food IMPACTS OF SEQUESTRATION and Drug Administration, and Related Agencies: Sen- ators Pryor (Chair), Harkin, Feinstein, Johnson (SD), Committee on Armed Services: Committee concluded a Tester, Udall (NM), Merkley, Blunt, Cochran, hearing to examine the impacts of sequestration and/ McConnell, Collins, Moran, and Hoeven. or a full-year continuing resolution on the Depart- Subcommittee on Commerce, Justice, Science, and Related ment of Defense, after receiving testimony from Ash- Agencies: Senators Mikulski (Chair), Leahy, Feinstein, ton B. Carter, Deputy Secretary, Robert F. Hale, Reed, Lautenberg, Pryor, Landrieu, Shaheen, Under Secretary (Comptroller), General Martin E. Merkley, Shelby, McConnell, Alexander, Collins, Dempsey, USA, Chairman, Joint Chiefs of Staff, Murkowski, Graham, Kirk, and Boozman. General Raymond T. Odierno, Chief of Staff United Subcommittee on Department of Defense: Senators Dur- States Army, Admiral Mark E. Ferguson III, USN, bin (Chair), Leahy, Harkin, Feinstein, Mikulski, Vice Chief of Naval Operations, General James F. Murray, Johnson (SD), Reed, Landrieu, Pryor, Coch- Amos, Commandant of the Marine Corps, General ran, McConnell, Shelby, Alexander, Collins, Mur- Mark A. Welsh III, USAF, Chief of Staff, United kowski, Graham, Coats, and Blunt. States Air Force, and General Frank J. Grass, Chief, Subcommittee on Energy and Water Development: Sen- National Guard Bureau, all of the Department of ators Feinstein (Chair), Murray, Johnson (SD), Lan- Defense. drieu, Lautenberg, Harkin, Tester, Durbin, Udall BUSINESS MEETING (NM), Alexander, Cochran, McConnell, Shelby, Col- Committee on Armed Services: Committee ordered favor- lins, Murkowski, Graham, and Hoeven. ably reported the nomination of Charles Timothy Subcommittee on Financial Services and General Gov- Hagel, of Nebraska, to be Secretary of Defense. ernment: Senators Lautenberg (Chair), Durbin, Udall (NM), Johanns, and Moran. BUDGET AND ECONOMIC OUTLOOK Subcommittee on Department of Homeland Security: Committee on the Budget: Committee concluded a hear- Senators Landrieu (Chair), Leahy, Murray, Lauten- ing to examine the budget and economic outlook, berg, Tester, Begich, Coats, Cochran, Shelby, Mur- focusing on fiscal years 2013–2023, after receiving kowski, and Moran. testimony from Douglas W. Elmendorf, Director, Subcommittee on Department of the Interior, Environ- Congressional Budget Office. ment, and Related Agencies: Senators Reed (Chair), Feinstein, Leahy, Johnson (SD), Tester, Udall (NM), BUSINESS MEETING Merkley, Begich, Murkowski, Cochran, Alexander, Committee on Energy and Natural Resources: Committee Blunt, Hoeven, and Johanns. ordered favorably reported its rules of procedure for Subcommittee on Departments of Labor, Health and the 113th Congress, a questionnaire for executive Human Services, and Education, and Related Agencies: nominations, and announced the following sub- Senators Harkin (Chair), Murray, Landrieu, Durbin, committee assignments: Reed, Pryor, Mikulski, Tester, Shaheen, Merkley, Subcommittee on Energy: Senators Franken (Chair), Moran, Cochran, Shelby, Alexander, Graham, Kirk, Johnson (SD), Landrieu, Cantwell, Sanders, Stabe- Johanns, and Boozman. now, Udall (CO), Manchin, Coons, Heinrich, Risch, Subcommittee on Legislative Branch: Senators Shaheen Heller, Flake, Alexander, Portman, and Hoeven. (Chair), Merkley, Begich, Hoeven, and Boozman. Subcommittee on Public Lands, Forests, and Mining: Subcommittee on Military Construction and Veterans Senators Manchin (Chair), Johnson (SD), Landrieu, Affairs, and Related Agencies: Senators Johnson (SD) Cantwell, Udall (CO), Franken, Coons, Schatz, Hein- (Chair), Murray, Reed, Pryor, Tester, Udall (NM), rich, Barrasso, Risch, Lee, Heller, Flake, Scott, Alex- Shaheen, Begich, Kirk, McConnell, Collins, Mur- ander, and Hoeven. kowski, Coats, Hoeven, and Johanns. Subcommittee on National Parks: Senators Udall Subcommittee on State, Foreign Operations, and Related (CO) (Chair), Landrieu, Sanders, Stabenow, Coons, Programs: Senators Leahy (Chair), Harkin, Mikulski, Schatz, Heinrich, Portman, Barrasso, Lee, Alexander, Durbin, Landrieu, Lautenberg, Shaheen, Begich, and Hoeven.

VerDate Mar 15 2010 05:23 Feb 13, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D12FE3.REC D12FEPT1 pwalker on DSK7TPTVN1PROD with DIGEST February 12, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D95 Subcommittee on Water and Power: Senators Schatz lence, focusing on protecting our communities while (Chair), Johnson (SD), Cantwell, Sanders, Stabenow, respecting the Second Amendment, including S. 54, Manchin, Franken, Lee, Barrasso, Risch, Heller, to increase public safety by punishing and deterring Flake, and Scott. firearms trafficking, S. 179, to prevent gun traf- Senators Wyden and Murkowski are ex officio members ficking, S. 195, to amend the Public Health Service of each subcommittee. Act to revise and extend projects relating to children and violence to provide access to school-based com- AMERICA’S NATURAL GAS RESOURCES prehensive mental health programs, S. 150, to regu- Committee on Energy and Natural Resources: Committee late assault weapons, to ensure that the right to keep concluded a hearing to examine opportunities and and bear arms is not unlimited, and S. 174, to ap- challenges associated with America’s natural gas re- propriately restrict sales of ammunition, after receiv- sources, after receiving testimony from Colorado ing testimony from Timothy J. Heaphy, United Governor John Hickenlooper, Denver; Andrew N. States Attorney for the Western District of Virginia, Liveris, The Dow Chemical Company, Midland, Department of Justice; Laurence H. Tribe, Harvard Michigan; Ross Eisenberg, National Association of Law School, Cambridge, Massachusetts; Daniel W. Manufacturers, and Jack N. Gerard, American Petro- Webster, Johns Hopkins Center for Gun Policy and leum Institute, both of Washington, D.C.; Frances Research, Baltimore, Maryland; Charles J. Cooper, Beinecke, Natural Resources Defense Council, New Cooper and Kirk PLLC, Washington, D.C.; Sandra J. York, New York; and Kenneth B. Medlock III, Rice Wortham, Chicago, Illinois; and Suzanna Gratia University James A. Baker III Institute for Public Hupp, Lampasas, Texas. Policy, Houston, Texas. INTELLIGENCE PROPOSALS TO REDUCE GUN VIOLENCE Select Committee on Intelligence: Committee held closed Committee on the Judiciary: Subcommittee on the Con- hearings on intelligence matters, receiving testimony stitution, Civil Rights and Human Rights concluded from officials of the intelligence community. a hearing to examine proposals to reduce gun vio- Committee recessed subject to the call. h House of Representatives military emergency medical training to become civil- Chamber Action ian emergency medical technicians. Pages H442–43 Public Bills and Resolutions Introduced: 15 pub- Suspension—Proceedings Postponed: The House lic bills, H.R. 609–623; and 4 resolutions, H.J. Res. debated the following measure under suspension of 26; H. Con. Res. 12; and H. Res. 62–63 were intro- the rules. Further proceedings were postponed: duced. Pages H454–55 Hydropower Regulatory Efficiency Act of 2013: Additional Cosponsors: Pages H455–56 H.R. 267, to improve hydropower. Pages H439–41 Reports Filed: There were no reports filed today. Recess: The House recessed at 2:41 p.m. and recon- Recess: The House recessed at 12:35 p.m. and re- vened at 8:40 p.m. Page H443 convened at 2 p.m. Page H437 State of the Union Address: President Barack Suspensions: The House agreed to suspend the rules Obama delivered his State of the Union address to and pass the following measures: a joint session of Congress, pursuant to the provi- Collinsville Renewable Energy Promotion Act: sions of H. Con. Res. 11. He was escorted into the H.R. 316, to reinstate and transfer certain hydro- House Chamber by a committee comprised of Rep- electric licenses and extend the deadline for com- resentatives Cantor, McCarthy (CA), McMorris Rod- mencement of construction of certain hydroelectric gers, Walden, Lankford, Jenkins, Foxx, Pelosi, projects; and Pages H441–42 Hoyer, Clyburn, Becerra, Crowley, Israel, and Duckworth and Senators Reid, Leahy, Durbin, Schu- Veteran Emergency Medical Technician Support mer, Murray, Bennet, Stabenow, Begich, McConnell, Act of 2013: H.R. 235, to amend the Public Health Cornyn, Thune, Blunt, Barrasso, and Moran. The Service Act to provide grants to States to streamline President’s message was referred to the Committee of State requirements and procedures for veterans with

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Page H449 Committee on Small Business and Entrepreneurship: organi- zational business meeting to consider committee rules, Quorum Calls—Votes: There were no Yea and Nay and an original resolution authorizing expenditures by the votes, and there were no Recorded votes. There were committee during the 113th Congress, 4 p.m., SR–428A. no quorum calls. Committee on the Budget: to hold hearings to examine the Adjournment: The House met at 12 noon and ad- impact of Federal budget decisions on families and com- journed at 10:25 p.m. munities, 10:30 a.m., SD–608. Committee on the Judiciary: to hold hearings to examine comprehensive immigration reform, 9:30 a.m., SH–216. Committee Meeting Full Committee, to hold hearings to examine the BUSINESS MEETING nominations of Kenneth John Gonzales, to be United States District Judge for the District of New Mexico, Mi- Committee on Energy and Commerce: Full Committee chael J. McShane, to be United States District Judge for held a business meeting to complete consideration of the District of Oregon, and Nitza I. Quinones Alejandro, the Oversight Plan for the 113th Congress. The Luis Felipe Restrepo, and Jeffrey L. Schmehl, all to be a Oversight Plan for the 113th Congress was adopted. United States District Judge for the Eastern District of Pennsylvania, 3:15 p.m., SD–226. Joint Meetings No joint committee meetings were held. House Committee on Agriculture: Full Committee, business COMMITTEE MEETINGS FOR WEDNESDAY, meeting to consider oversight plan of the Committee on FEBRUARY 13, 2013 Agriculture for the 113th Congress and other organiza- (Committee meetings are open unless otherwise indicated) tional matters, 10 a.m., 1300 Longworth. Committee on Armed Services: Full Committee, hearing Senate entitled ‘‘Impacts of a Continuing Resolution and Seques- Committee on Commerce, Science, and Transportation: orga- tration on Defense’’, 10 a.m., 2118 Rayburn. nizational business meeting to consider committee rules, Subcommittee on Intelligence, Emerging Threats and subcommittee assignments, and an original resolution au- Capabilities, hearing entitled ‘‘Perspectives on the Future thorizing expenditures by the committee during the National Security Environment: Technological, Geo- 113th Congress, 2:30 p.m., SR–253. political and Economic Trends Affecting the Defense Committee on Finance: to hold hearings to examine the Strategic Guidance’’, 2 p.m., 2118 Rayburn. nomination of Jacob J. Lew, of New York, to be Secretary Committee on the Budget: Full Committee, hearing enti- of the Treasury, 10 a.m., SD–215. tled ‘‘The Congressional Budget Office’s Budget and Eco- Committee on Foreign Relations: organizational business nomic Outlook’’, 10 a.m., 210 Cannon. meeting to consider committee rules, subcommittee Committee on Education and the Workforce: Subcommittee membership and jurisdiction, an original resolution au- on Health, Employment, Labor and Pensions, hearing en- thorizing expenditures by the committee during the titled ‘‘The Future of the NLRB: What Noel Canning vs. 113th Congress, and S. Res. 12, recognizing the third an- NLRB Means for Workers, Employers, and Unions’’, 10 niversary of the tragic earthquake in Haiti on January 12, a.m., 2175 Rayburn. 2010, honoring those who lost their lives in that earth- Committee on Energy and Commerce: Subcommittee on quake, and expressing continued solidarity with the peo- Oversight and Investigations, hearing entitled ‘‘Influenza: ple of Haiti, 3 p.m., S–116, Capitol. Perspective on Current Season and Update on Prepared- Committee on Health, Education, Labor, and Pensions: orga- ness’’, 10 a.m., 2123 Rayburn. nizational business meeting to consider an original resolu- Committee on Financial Services: Subcommittee on Com- tion authorizing expenditures by the committee during munications and Technology, hearing entitled ‘‘Satellite the 113th Congress, committee rules, subcommittee Video 101’’, 10:30 a.m., 2322 Rayburn. membership and jurisdiction, H.R. 307, to reauthorize Full Committee, hearing entitled ‘‘Bailout, Bust, or certain programs under the Public Health Service Act and Much Ado About Nothing?: A Look at the Federal Hous- the Federal Food, Drug, and Cosmetic Act with respect ing Administration’s 2012 Actuarial Report’’, 10 a.m., to public health security and all-hazards preparedness and 2128 Rayburn. response, and S. 252, The Prematurity Research Expan- Committee on Homeland Security: Full Committee, hearing sion and Education for Mothers who deliver Infants Early entitled ‘‘A New Perspective on Threats to the Home- (PREEMIE) Act, 10 a.m., SD–430. land’’, 10 a.m., 311 Cannon.

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Committee on Oversight and Government Reform: Sub- Committee on Small Business: Full Committee, hearing committee on National Security, hearing entitled ‘‘U.S. entitled ‘‘The State of the Small Business Economy’’, 1 Direct Assistance in Afghanistan: Ensuring Transparency p.m., 2360 Rayburn. and Accountability’’, 10 a.m., 2154 Rayburn. Committee on Transportation and Infrastructure: Full Com- Committee on Rules: Full Committee, hearing on H.R. mittee, hearing entitled ‘‘The Federal Role in America’s 273, to eliminate the 2013 statutory pay adjustment for Infrastructure’’, 11 a.m., 2167 Rayburn. Federal employees; and Proposed Oversight Plan of the Committee on Veterans’ Affairs: Full Committee, hearing Committee on Rules for the 113th Congress. entitled ‘‘Honoring the Commitment: Overcoming Bar- Committee on Science, Space, and Technology: Subcommittee riers to Quality Mental Health Care for Veterans’’, 10 on Energy, hearing entitled ‘‘American Energy Outlook: a.m., 334 Cannon. Technology, Market, and Policy Drivers’’, 10 a.m., 2318 House Permanent Select Committee on Intelligence: Full Rayburn. Committee, business meeting on Committee Organization and Rules, 4 p.m., HVC–304. Portions of this meeting may be closed.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, February 13 10 a.m., Wednesday, February 13

Senate Chamber House Chamber Program for Wednesday: Senate will be in a period of Program for Wednesday: Consideration of H.R. 592— morning business. Federal Disaster Assistance Nonprofit Fairness Act of 2013, under suspension of the Rules.

Extensions of Remarks, as inserted in this issue

HOUSE Hultgren, Randy, Ill., E121 Richmond, Cedric L., La., E121 Israel, Steve, N.Y., E124 Roby, Martha, Ala., E127 Barber, Ron, Ariz., E128, E129 Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E121, E122, E123, Rush, Bobby L., Ill., E122 Blumenauer, Earl, Ore., E130 E124, E126, E126, E127, E129, E130, E131 Sablan, Gregorio Kilili Camacho, Northern Mariana Boehner, John A., Ohio, E121 McClintock, Tom, Calif., E127 Islands, E123 Brady, Kevin, Tex., E129 Michaud, Michael H., Me., E123 Sewell, Terri A., Ala., E122 Broun, Paul C., Ga., E126 Miller, Jeff, Fla., E122, E128 Garcia, Joe, Fla., E129, E131 Norton, Eleanor Holmes, D.C., E130 Visclosky, Peter J., Ind., E123 Gardner, Cory, Colo., E128 Pallone, Frank, Jr., N.J., E127, E130 Wolf, Frank R., Va., E125 Hoyer, Steny H., Md., E128 Perlmutter, Ed, Colo., E124, E125, E125, E126, E126

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