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 26, 2013 No. 27 Senate The Senate met at 10 a.m. and was Senator from the Commonwealth of Massa- saw a picture of two young men on a called to order by the Honorable WIL- chusetts, to perform the duties of the Chair. mechanized vehicle in Vietnam. I LIAM M. COWAN, a Senator from the PATRICK J. LEAHY, asked what that was, and his staff indi- Commonwealth of Massachusetts. President pro tempore. cated those were the Hagel brothers Mr. COWAN thereupon assumed the and their time together serving in PRAYER chair as Acting President pro tempore. Vietnam. They had both been wound- The Chaplain, Dr. Barry C. Black, of- f ed—Senator Chuck Hagel more than fered the following prayer: once—and Chuck Hagel was also cred- RECOGNITION OF THE MAJORITY ited with saving his brother’s life in Let us pray. LEADER Answer us, O God, when we call. Be Vietnam. And this is the person who is gracious to us and hear our prayers. The ACTING PRESIDENT pro tem- going to be our next Secretary of De- Look on our Nation with favor, for pore. The majority leader is recog- fense. I repeat: His record of service to his Your promises are sure. We thank You nized. country is untarnished. And 12 days that so many of our Nation’s founders f later President Obama’s support for put their trust in You. Make us worthy SCHEDULE this qualified nominee is still strong. of this godly heritage. Twelve days later a majority of Sen- Lord, don’t be far from us during this Mr. REID. Following leaders’ re- marks, the Senate will proceed to exec- ators still supports his confirmation. challenging season of our national his- Senate Republicans have delayed for tory. As we grapple with the challenges utive session to consider the nomina- tion of Senator Chuck Hagel to be Sec- the better part of 2 weeks for one rea- of another fiscal standoff, help us to re- son: partisanship. At a time when our affirm each day our conviction that we retary of Defense. At noon today there will be a cloture Nation faces threats abroad—and that are indeed one Nation under Your sov- is an understatement—the President’s vote on the Hagel nomination, upon re- ereign authority. nominee for Secretary of Defense de- consideration. Following that vote, the We pray in Your merciful Name. serves a fair and constructive con- Senate will recess until 2:15 p.m. to Amen. firmation process. Politically moti- allow for our weekly caucus meetings. vated delays send a terrible signal to f f our allies around the world and they PLEDGE OF ALLEGIANCE HAGEL NOMINATION AND send a terrible signal to the tens of SEQUESTRATION thousands of Americans serving in Af- The Honorable WILLIAM M. COWAN led ghanistan, other parts of the world, the Pledge of Allegiance, as follows: Mr. REID. Mr. President, I just indi- and those valiant people who are serv- I pledge allegiance to the Flag of the cated the Senate will vote today for a ing here in the United States. For the United States of America, and to the Repub- second time to move forward on the sake of national security, it is time to lic for which it stands, one nation under God, nomination of Senator Chuck Hagel, a indivisible, with liberty and justice for all. set aside this partisanship. Republican, serving as Secretary of De- In 3 days, across-the-board cuts to fense. Twelve days ago, the Repub- f the Defense Department are scheduled licans mounted a first-of-its-kind fili- to take effect. The Pentagon needs a APPOINTMENT OF ACTING buster of Senator Hagel’s confirmation. seasoned leader to implement these PRESIDENT PRO TEMPORE Senator Hagel is the first nominee for cuts. Democrats are working hard to Secretary of Defense in the history of The PRESIDING OFFICER. The avert the worst of these arbitrary our country to have been filibustered. cuts—cuts for which an overwhelming clerk will please read a communication And what has the filibuster gained my to the Senate from the President pro majority of Republicans in Congress Republican colleagues 12 days later? voted. The so-called sequester was sup- tempore (Mr. LEAHY). Nothing. Nothing has changed. Twelve ported by 174 Republicans in the House The legislative clerk read the fol- days later Senator Hagel’s exemplary lowing letter: of Representatives and 28 Republicans record of service to his country re- here in the Senate—60 percent and 75 U.S. SENATE, mains untarnished. percent of the two Republican bodies in PRESIDENT PRO TEMPORE, I can still remember going to visit Washington, DC, February 26, 2013. this Congress. To the Senate: Senator Hagel in his office. I don’t re- We have a balanced proposal to re- Under the provisions of rule I, paragraph 3, member what we were to discuss, but it place those across-the-board cuts for of the Standing Rules of the Senate, I hereby was something dealing with Senate this year with smart spending reduc- appoint the Honorable WILLIAM M. COWAN, a business. As I walked into his office, I tions, which must continue; measures

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

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VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S820 CONGRESSIONAL RECORD — SENATE February 26, 2013 that would close corporate tax loop- around the country support this, in ad- Democrats and Republicans agreed to holes and wasteful subsidies; and rev- dition to the Independents and the $2.1 trillion in spending reductions as enue from the very wealthiest among Democrats. The only Republicans in part of the 2011 Budget Control Act. us—Americans making millions of dol- America who don’t support this bal- So we can all go back and talk about lars each year. anced approach are the Republicans what might have been or what the It is critical Republicans and Demo- who serve here in Congress—in the President wanted or what he now crats come together to find a balanced Senate and in the House. wants, but let us be clear about the way to avert these drastic cuts. The Three-quarters of Americans, I re- facts. Those cuts were to come in two consequence of the so-called sequester peat, including almost 60 percent of Re- steps: First, through an immediate $900 cuts is real, not only for our national publicans, are crying out for a balanced billion spending reduction in the form defense but for millions of American approach. With only 3 days left to pro- of budget caps, and then by an addi- families and businesses alike. Three- tect American families and our eco- tional $1.2 trillion in cuts to be quarters of a million jobs—750,000 nomic recovery from this latest crisis, achieved in one of two ways, either by jobs—are at stake. Across the country, it is time for Republicans to work to- the so-called supercommittee or, if tens of thousands of teachers, includ- ward a solution instead of being part of that failed, through the President’s se- ing thousands who work with disabled the problem. quester proposal, meaning automatic spending cuts to both domestic and de- children, would be laid off; 70,000 chil- f dren would be dropped from Head fense programs. Start; 373,000 adults living with serious RECOGNITION OF THE MINORITY While the President tried repeatedly mental illnesses and children dealing LEADER to make tax hikes a part of the backup with severe emotional problems will go The ACTING PRESIDENT pro tem- plan, he ultimately gave up on that in untreated. pore. The Republican leader is recog- exchange for avoiding a second vote on Airports could close due to a short- nized. the debt limit before his election. The President made a deliberate decision to age of air traffic controllers and other f essential personnel. And lines at air- give up on getting any tax hikes or rev- THE SEQUESTER ports that do stay open will stretch out enue enhancements, or whatever the the door, as TSA workers are fur- Mr. MCCONNELL. Mr. President, I White House wants to call it, as part of loughed. wish to say a word about the sequester. negotiations over the sequester mecha- At McCarran Airport in Las Vegas The President’s top aides proposed nism. He made the calculation that last year more than 40 million people this sequester as a way to help the avoiding a second vote on the debt used that airport in coming to visit the White House avoid a debt limit debate limit before the election was more im- bright lights of Las Vegas, the Las during last year’s campaign. In es- portant. Vegas strip and downtown Las Vegas. sence, the deal we struck was that in So any effort to bring taxes into the Those lines are going to get longer, exchange for avoiding a second vote be- picture now is a ploy to move the goal- waiting to take off from Las Vegas. fore the election, the debt limit would post, as the primary chronicler of this That is too bad. be paired with spending cuts only— whole episode, Bob Woodward, has From coast to coast hundreds of spending cuts only—and would not in- noted. Of course, the White House has tried thousands of civilian employees from volve a tax increase. to refute those historical facts, but it the Department of Defense will face The President had more than a year hasn’t gotten anywhere because we furloughs that will devastate their and a half to revisit his proposal and to work with us to prevent it. He obvi- know what happened. families and devastate our economy. As the chairman of the Finance Com- ously thought his time and energies These cuts will take place. mittee helpfully reminded us last On Friday, when this kicks in, not would be better spent elsewhere. In week, ‘‘The President is part of the se- everyone is going to see these cuts on fact, I note that today he is off cam- quester’’ because ‘‘the White House paigning again in Virginia instead of Saturday, but they are going to kick in recommended it . . . and so now we’re working with us to resolve the issue. for the people who run these agencies, feeling the effects of it.’’ the people who run the Pentagon. I met So here we are. Here we are. The So it is time for the administration with the Chairman of the Joint Chiefs President has been running around act- to at least accept reality so we can all of Staff before we left for our break. ing as though the world is going to end move forward and focus on what the These cuts are going to take place. because Congress might actually follow White House is actually doing right They are going to be felt in Defense through on an idea he proposed—he now. It is asking the American people more quickly because the civilian proposed—and signed into law, all the for permission to break its word on agencies have not rehired the people while pretending he is somehow power- spending. they could have, and they have done less to stop it. Well, it is time to put Look, we reached an agreement to other things because of the essential the record straight. As someone who cut $2.1 trillion in government spend- nature of what the military does. They was personally involved in the 2011 ing over 10 years, and we intend to haven’t done that, so the cuts in the budget talks, I think I am in a pretty keep our word. Should these cuts be military are going to kick in more good position to do that. implemented in a smarter way? You quickly. The other cuts are not going On the question of who came up with bet. But the President and his Cabinet to come immediately, but as the weeks the idea in the first place, it origi- Secretaries had a year and a half to move on, we will see more and more nated, as I noted, in the White House. think about that. They just can’t show people who have been hurt in the non- I was less than 100 yards from this very up now at the last minute and expect defense fields. The effects are cumu- spot when Vice President BIDEN called the American people to bail them out lative and they are going to hurt and me at my desk to lay it out. He ex- of their own lack of responsibility. hurt badly. plained the sequester in exquisite de- We can either secure these reductions We want to work with the Repub- tail. And then, as has been reported, more intelligently or we can do it the licans to come to a balanced, respon- the administration stubbornly stuck President’s way with across-the-board sible way to reduce the impact of this by those details throughout the nego- cuts. But one thing Americans simply sequester, but my Republican col- tiations, refusing any effort by Repub- will not accept is another tax increase leagues are standing in the way of a so- licans to adjust the design in any to replace spending reductions to lution. They only want cuts and more meaningful way. which we already agreed. cuts. They are willing to sacrifice More important than who came up It was my hope that the supercom- 750,000 American jobs rather than ask with the idea of the sequester, how- mittee would succeed. The Senators I multimillionaires to pay a penny more. ever, is the fact the bipartisan agree- appointed took their assignments very Mr. President, 56 percent—almost 60 ment that included it, and that seriously. They put real skin in the percent—of the Republicans around the brought us to this point, envisioned game because they wanted it to work. country support this balanced ap- $2.1 trillion in spending cuts. That is They didn’t like the sequester idea ei- proach we have. Republicans, I repeat, what we voted for in August of 2011. ther. Had the President engaged in a

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Mr. President, it is now to find another way to achieve these overall budget by a couple of percent- time for us to vote up or down on the spending cuts. We repeatedly called for age points could have that kind of an nomination, for many reasons. replacing the sequester with smarter impact? Personally, I don’t believe the The nomination has been before us cuts rather than tax hikes, according world will end if the President’s se- for an adequate length of time for us to to the original pact. House Republicans quester takes effect, but our country get the information our colleagues actually passed two bills to do just would be much better served if the have asked for, but also there is the that. But again, instead of engaging Democrats who run Washington would looming fact of sequestration. We need with us, the President just set up more get off the campaign trail and work to have a Secretary of Defense who is roadblocks. For more than 1 year, he with us to trim the budget in a more not only in office but whose leadership is not in limbo but is there. Our troops resisted and dismissed every Repub- rational way. need it. Their families need it. Our lican attempt at a compromise. He re- Americans are tired of the manufac- country needs it. fused to offer any kind of reasonable tured crises. I know my constituents in As of today we have 66,000 military alternative, and he even threatened to Kentucky are. It is simply time. They personnel in harm’s way in Afghani- veto other proposals aimed at averting want us to work together, and Repub- stan. The President of Afghanistan has the sequester. licans are ready to do just that. Now here we are, with the President just directed the United States to re- Mr. President, I yield the floor. move its special operations forces from presenting the country with two op- Mr. REID. Would the Chair announce a key Afghan province. Our military tions: Armageddon or a tax hike. Well, the business of the day. faces key decisions about the pace of it is a false choice, and he knows it, f the drawdown between now and the end but the President is a master at cre- of 2014, the size and composition of a ating the impression of chaos as an ex- RESERVATION OF LEADER TIME residual force, and the terms and con- cuse for government action—do noth- The ACTING PRESIDENT pro tem- ditions for the ongoing presence in Af- ing, fan the flames of catastrophe, and pore. Under the previous order, the ghanistan of the United States and our then claim the only way out is more leadership time is reserved. coalition partners after 2014. government in the form of higher f At the same time we face new and taxes. EXECUTIVE SESSION growing threats elsewhere, including Look, the choice we face isn’t be- the ongoing threat posed by Iran’s nu- tween the sequester and tax hikes. Re- clear weapons program and the increas- member, we are only talking about NOMINATION OF CHARLES TIM- ingly destructive civil war in Syria, cutting 2 to 3 percent of the budget. OTHY HAGEL TO BE SECRETARY with the risk that that conflict could Any business owner or middle-class OF DEFENSE result in the loss of control over that parent will tell you it is completely ri- country’s substantial stockpile of diculous to think Washington can’t The ACTING PRESIDENT pro tem- pore. Under the previous order, the chemical weapons. There is also the find a better way to cut 2 or 3 percent growing instability in other countries of the Federal budget at a time when Senate will proceed to executive ses- sion to consider the following nomina- affected by the Arab spring; the growth we are $16 trillion in debt. Every single of al-Qaida affiliates in ungoverned re- working American had to figure out tion, which the clerk will report. The legislative clerk read as follows: gions, including parts of Yemen, Soma- how to make ends meet with 2 percent lia, north Africa; and the continued un- Department of Defense, Nomination of less in their paychecks just last month predictable behavior of the nuclear- when the payroll tax holiday expired. Charles Timothy Hagel, of Nebraska, to be Secretary. armed regime in North Korea. Are you telling me Washington can’t We face these challenges at a time do the same? It is absurd. It is utterly The ACTING PRESIDENT pro tem- when the Department of Defense budg- absurd. pore. Under the previous order, the mo- et is under unique pressure as a result There is no reason in the world these tion to proceed to the motion to recon- of cuts previously agreed upon by Con- cuts need to fall on essential services sider the vote by which cloture was not gress, the budgeting by continuing res- or emergency responders. After all, invoked on the nomination is agreed to olution, and the impending threat of a even with the sequester, Washington and the motion to reconsider is agreed sequester. These across-the-board cuts will be spending more than when Presi- to. will affect Defense and just about every dent Obama got here. We are only talk- Under the previous order, the time other agency we have. Those cuts are ing about cutting one-tenth of what until 12 noon will be equally divided in going to be disastrous in many ways. I the President spent on the stimulus the usual form. hope we can still find ways to avoid bill. Enough. Enough. The ACTING PRESIDENT pro tem- them, but as of right now the threat of Step 1 in this process of getting to a pore. The Senator from Michigan. a sequester is a real one. It is within a serious solution is to end the White Mr. LEVIN. Mr. President, I believe few days. House’s denial of historical reality. We the business before the Senate now is The Department of Defense has al- are starting to get there, slowly but the vote on the reconsideration of the ready instituted civilian hiring freezes, surely. More important, though, is the motion to end debate on the Hagel reduced or eliminated temporary and next step, and that is when the Presi- nomination. Is that correct? term employees, deferred facilities dent and his Democratic allies actually The ACTING PRESIDENT pro tem- maintenance, and begun canceling or come to the table and negotiate in a se- pore. The Senator is correct. postponing the maintenance of ships, rious way, without gimmicks and with- Mr. LEVIN. Mr. President, I believe aircraft, and ground vehicles. In the out games, on how best to reduce it is now time for us to vote on the next few days, the Department will Washington spending. So let’s shelve Hagel nomination. begin to implement additional actions, the tax hikes and the endless cam- Mr. INHOFE. Excuse me. Would the including furloughs for most civilian paigning. Senator from Michigan yield for a employees, cutbacks in flying hours, Finally, I think there is an even larg- question? steaming hours and other military er point to be made. The President has Mr. LEVIN. Of course. training, and cancellation of contracts. been going around warning of utter MR. INHOFE. It is my understanding And those contracts, when they are chaos if the sequester takes effect. that we have equally divided our time cancelled, have major costs to the While I agree that those cuts could be between now and noon. That is about 1 Treasury. Those are not savings, ex- made in a much smarter way and I hour 40 minutes. I ask unanimous con- cept in the short term, perhaps. But in

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For not recorded’’—except in rare cases man of the President’s Foreign Intel- example, the Army informs us that if where a customer requests that a re- ligence Advisory Board, a member of sequestration continues through the cording be kept for archival purposes the Defense Policy Board, and a mem- end of the fiscal year, two-thirds of its only. Further, the Department of De- ber of the Energy Department’s Blue brigade combat teams will fall below fense informs us that the Washington Ribbon Commission on America’s Nu- acceptable readiness levels. The Air Speakers Bureau will not provide any clear Future. Force says it will not be able to sup- recordings of speeches that were given Senator Hagel has been endorsed by port requirements outside of Afghani- by Senator Hagel or even confirm five former Secretaries of Defense, stan and will experience significant which of its clients may have recorded three former Secretaries of State, and degradation in its airdrop and refueling speeches. Since neither Senator Hagel six former National Security Advisors, capabilities. The Navy says the Nimitz nor the Department of Defense has ac- who served under both Democratic and and the George H.W. Bush carrier strike cess to these speeches, they cannot be Republican Presidents. He has been en- groups will not be ready for scheduled provided to the Senate. dorsed by the Veterans of Foreign deployments later this year, resulting On the second point, the University Wars, the Iraq and Afghanistan Vet- in an indefinite extension of the Tru- of Nebraska holds title to Senator erans of America, AMVETS, Vietnam man and Eisenhower deployments, with Hagel’s archives. The University has Veterans of America, and the American the resulting impact on morale and re- publicly stated that once the archives Legion. He has received the support of tention. are processed and indexed according to the Military Officers Association of Hundreds of Department of Defense the standards of the Society of Amer- America, the Foreign Area Officers As- investment programs, acquisition pro- ican Archivists, they will be open to sociation, and the Non Commissioned grams, and research and development the public. Until that time, the ar- Officers Association. projects may become unexecutable be- chives will not be open to the public. Last month, Senator Hagel was en- cause we have insufficient funds to Again, since neither Senator Hagel nor dorsed in a letter signed by six former enter needed contracts. By the end of DOD has access to these materials, U.S. Ambassadors to Israel, along with the summer, the Department of De- they cannot provide them to us. It is dozens of other retired senior dip- fense says it will be unable to pay its also worth noting that these archives lomats. The letter stated: TRICARE bills and will be in a position cover the period of Senator Hagel’s We support, strongly and without quali- of having to deny that critical health service in the Senate. Senator Hagel fication, President Obama’s nomination of care service to military members, fam- has an extensive record of speeches and Chuck Hagel to be the next Secretary of De- ilies, and retirees. votes during this period that are read- fense. Most of us have known the Senator for Our men and women in uniform need ily accessible to the Senate and the a decade or more and consistently have found him to be one of the best informed a Secretary of Defense to lead them public through the CONGRESSIONAL through these difficult challenges. leaders in the U.S. Congress on national se- RECORD and other official documents. curity issues. They need a Secretary of Defense to de- With regard to financial disclosure, Senator Hagel’s political courage has im- fend their interests in the budget bat- Senator Hagel has complied with the pressed us all. He has stood and argued pub- tles we know are about to come. They same disclosure requirements and con- licly for what he believes is best for the need a Secretary of Defense to speak flict of interest rules that have applied United States. Time and again, he has cho- out and ensure that Congress and the to at least the last eight Secretaries of sen to take the path of standing up for our country understand the consequences Defense and to hundreds of other nomi- nation, rather than the path of political ex- of sequester and, if the sequester can- nees for senior DOD positions over the pediency. He has always supported the pil- not be avoided, to help them avoid the course of the last five administrations. lars of American foreign policy: a strong Despite his compliance with the same military; a robust Atlantic partnership; a worst of those consequences and to end commitment to the security of Israel, as a the impacts as quickly as possible. disclosure rules that apply to every- friend and ally; a determination to stop the Now, as much as anytime in the recent body else, we have heard innuendos proliferation of nuclear weapons; and the de- past, is not a time when we can afford that Senator Hagel is trying to hide fense of human rights as a core principle of to leave the Department of Defense something. Senator Hagel serves with a America’s role in the world. . . . with leadership that is in limbo. number of distinguished individuals on We urge speedy confirmation of this out- Information has been requested, ap- the Board of Advisors of a private eq- standing American patriot to be the next propriately, by colleagues about the uity firm. We had one Senator suggest, Secretary of Defense. nominee. Information has been pro- without any evidence, that ‘‘it is, at a If confirmed, Senator Hagel would be vided to the best of the nominee’s abil- minimum, relevant to know’’ if the the first former enlisted man, and the ity. This information falls into two fees that Senator Hagel received for his first veteran of the Vietnam War, to categories: requests for Senator service on this Board ‘‘came directly serve as Secretary of Defense. This Hagel’s speeches and requests for addi- from Saudi Arabia, [or] . . . from North background gives Senator Hagel an in- tional financial disclosure. Korea.’’ Another Senator suggested valuable perspective not only with re- With regard to the speeches, Senator that we should postpone a vote on the spect to the difficult decisions and rec- Hagel and his team have conducted an nomination because ‘‘FOX News is ommendations that a Secretary of De- exhaustive review and have provided us going to run a story tomorrow regard- fense must make regarding the use of with all of the speeches available to ing some speeches . . . which were made force and the commitment of U.S. them—not only the prepared state- and paid for by foreign governments troops overseas, but also with respect ments requested in our committee . . . [that] may not be friendly to us.’’ to the day-to-day decisions a Secretary questionnaire but also transcripts and This story apparently died before it must make to ensure that our men and even videos of speeches he has been was aired, because it was apparently women in uniform and their families able to obtain from outside sources. based on a hoax. receive the support and assistance that Before the recess, I placed in the These are unfair innuendos and they they need and deserve. It would be a RECORD links to several other speeches have been answered even though they positive message for our soldiers, sail- that had surfaced on the Internet. are unfair. ors, airmen, and marines in harm’s way In recent days, Senator Hagel has re- Senator Hagel has an extensive around the world to know that one of ceived additional requests for speeches record of service to his country. As a their own holds the highest office in in the exclusive control of the Wash- young man, he enlisted in the Army the Department of Defense. ington Speakers Bureau and for access and served with distinction in Viet- The President needs to have a Sec- to his senatorial archives at the Uni- nam. He served as the head of the USO, retary of Defense in whom he has trust, versity of Nebraska. and as the Deputy Administrator of the who will give him independent advice,

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The John Kerry said: What the Senate The vote which is coming at noon is President was a Republican. Stephen has to decide is whether it is going to a vote to invoke cloture to end the de- Johnson was a Democrat. Of course the stand for the rights of the committees, bate so we can finally, later on today, other side was saying, no, we are going the rights of advice and consent. The hopefully, but at some future hour, fi- to demand to have cloture, and they fi- Senators ought to respect the fact that nally vote on this important nomina- nally did get 61 votes on that; Dirk both the chairman and ranking mem- tion and end the situation where this Kempthorne, same thing, Secretary of bers had requests and those requests nominee is in limbo and the leadership the Interior. had not been fulfilled. of the Department of Defense is uncer- This idea that this is the first time is That is exactly what happened. We tain and in limbo as well. The time has just not right. I would appreciate it if have one of the new Senators for whom come to vote on the nomination of Sen- people would be a little more honest I have a great deal of respect, Senator ator Hagel, and to do that we must end when they are looking at that issue. CRUZ. I was talking to him last night. debate and invoke cloture. They also have said we are in the I said: You ought to come down and let I yield the floor. middle of the wars, which we are. I am them know why it is you are not speak- The ACTING PRESIDENT pro tem- the ranking member on the Armed ing on this. He said: Look, what else pore. The Senator from Oklahoma. Services Committee. No one is more can I do? I have requested over and Mr. INHOFE. Mr. President, first of sensitive to it, no one spends more over and over again for information on all, I agree with a lot of what the dis- time talking to the troops than I do, our nominee for Secretary of Defense tinguished chairman of the Senate and we do need to have confirmed a and I have been denied. I have been Armed Services Committee has said. Secretary of Defense. Leon Panetta has stonewalled. What else can I say? Certainly Senator Hagel has had a bril- said he will serve until such time as I said—maybe it sounded a little ex- liant military career. I sometimes look one is confirmed. But if we go ahead treme the other day when I said I at my time in the Army and his time and if this should for some reason not would walk through fire for the ability in the Army and mine is very be able to come up with 60 votes, I sug- of our members on the committee to unimpressive. That is not what the gest they go ahead and nominate some- get all the information they are enti- issue is. one else and we will run it through. I tled to. Senator CRUZ has not received I do think it is interesting in the de- would even help them. that information. That is something bate we have had on the floor, all the I called Leon Panetta not too long that I think is very critical. time from the Democrats has been ago—I guess I should not say this on What I want to do, in the short time talking about his military record. No- the floor—and asked: Why don’t you I have left over—by the way, I ask body disagrees with that. That is a agree to serve again? He has, of course, unanimous consent, if following me, if fact. But there are some things that family reasons, and I certainly under- Senator COATS could be acknowledged have to come out because they are very stand he was unable to do it. Michele for 5 minutes. significant. Flournoy, I commented, would be one. Mr. DURBIN. Reserving the right to First of all, what we are going to I don’t agree with her philosophically object, I have been waiting to speak on vote on at noon is the vote. There is on a lot of things, but I think she is this subject. not any other vote. The vote after that one who would not be controversial. Mr. INHOFE. After the remarks of is merely a simple majority and that Ash Carter—we have a number who the Senator from Illinois, I have no ob- would be automatic. Those who are ex- could be confirmed in a matter of min- jection. pressing where they are on the Hagel utes, and I would be right there with Mr. LEVIN. I have no objection after nomination must be reflected in the them in order to help that take place. the Senator from Illinois is recognized. vote that takes place now, the cloture I do wish to say something about ad- The ACTING PRESIDENT pro tem- vote at noon today. Our time is equally vice and consent. Sometimes people do pore. Without objection, it is so or- divided. Leadership time did take up not understand it. I had someone go dered. some of that so we are a little bit back and research this. It started back Mr. INHOFE. The problem I had is scarce on time. First, let me make it in 1787. At the Constitutional Conven- not with information I had. I didn’t real clear this is the one vote that tion they talked about it. Back then need any additional information. I makes a difference. If they are able to they used the term ‘‘approbation or re- didn’t request additional information. get 60 votes for the Hagel nomination, jection of the Senate.’’ It means the Many of the members on the Repub- it is history. It is over. same thing. This has been going on for lican side of our committee did not re- I do wish to say a couple things for a long period of time. Certainly, in the ceive the information they asked for. clarification before others on our side Federalist Papers, Hamilton talked That was the case with Senator CRUZ. start speaking. One is about the whole about it as long as he talked about any I had a different reason. My reason is idea of a 60-vote threshold. I have been other subject. So ‘‘approbation or re- that while I think so highly of Senator listening to some of the pundits on tel- jection of the Senate’’ is the rejection Hagel and the work he did while he was evision. One of my favorites—I will not language that was used at that time in the Vietnam war—he was, in fact, a mention her by name, but she is kind that is advice and consent today. hero—I have to also look at nominees of the leader of the far left on tele- Where are we today? Certainly, the and ask what their philosophy is. Sen- vision. I was watching her a couple distinguished chairman of the Armed ator Hagel was one of only two who days ago and she was talking about Services Committee, from whom we voted against sanctions for Iran. He how this is something that never hap- just heard, is one of the strongest sup- was one of only four who voted against pened before, we have never had a 60- porters of advice and consent who has an effort to designate the Iran Revolu- vote margin on a Cabinet-level posi- said: ‘‘It is shocking and sad to me that tionary Guard a terrorist group, and tion. the Senate may vote on this nomi- one of only four who refused to sign a This is not true. It happens all the nee’’—it doesn’t matter, it could be letter of solidarity with Israel. time. It is normal. This is how signifi- any nominee—‘‘while Senators are The Global Zero movement advocates cant this confirmation vote is. It is not being denied critical, relevant informa- a nuke-free world. That sounds so good, something that would make it go for a tion.’’ and it is something President Obama long period of time. Actually, I have The leader of the Senate has also said has talked about. He wistfully looks to lists. Later on, if there is time, I am many times, he said ‘‘raising the im- the day when we have a nuke-free going to go over some of these. Kath- pression that the nominee and the world. That sounded good back in the leen Sebelius, for example, that was a White House have something to hide.’’ days of the Cold War. I look wistfully

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S824 CONGRESSIONAL RECORD — SENATE February 26, 2013 back at the days of the Cold War. Back as many have said on the floor, he is an of the law to ensure that we continue then we had two superpowers. They extraordinary individual who has prov- to keep our commitment to veterans. were predictable. We knew what they en with his life his commitment to this It should not surprise any of us that had. Mutual assured destruction meant Nation and its defense. this commitment is among the reasons something to them. Mutually assured He has big shoes to fill with Sec- so many organizations back Senator destruction doesn’t mean much to retary Leon Panetta leaving. Leon Pa- Hagel’s nomination, including the Vet- some people in the Middle East, and I netta has been an extraordinary public erans of Foreign Wars, the Iraq and Af- think we all understand that. So Glob- servant and a very close personal ghanistan Veterans of America, the al Zero sounds good until we realize friend of mine for years now. The fact AMVETS, Vietnam Veterans of Amer- that we have countries such as Iran— that he received a unanimous vote to ica, the American Legion, Military Of- even our nonclassified intelligence says be Secretary of Defense is as solid a ficers Association of America, and the it is going to have the nuclear capa- tribute as anyone can expect in this Noncommissioned Officers Association. bility and delivery system by 2015. I am life of public service. I believe Chuck They recognize that a person of his concerned with that. Hagel is up to this task. character is precisely the person we I was in shock—and, first of all, I There is an expression that adversity need to head the Department of De- have to thank the chairman of the doesn’t build character, it reveals it. fense. committee because in the years I Chuck Hagel enlisted in the Army When I spoke with Senator Hagel in served on the Armed Services Com- and served in Vietnam. He received two my office a few weeks ago, he discussed mittee, I have never seen this done be- Purple Hearts, the Army Commenda- his views on security challenges around fore—when the chairman agreed to tion Medal, and the Combat Infantry- the world, including the challenges to allow Senator CRUZ, a member of the man Badge for his service. Less well the Pentagon’s budget and the Iran nu- committee, to use a video that had the known is how he got there. Hagel was clear program and its threat to peace Al Jazeera interview where Senator drafted and immediately volunteered in the world. It included safeguarding Hagel agreed with Al Jazeera’s position for the Army, but he lucked out. He our rock-solid commitments to allies that Israel has committed war crimes, was assigned to Europe during the such as Israel. that Israel has committed sickening Vietnam war. There wasn’t much of a I am firmly convinced that Senator slaughter, and that America is the war going on in Europe, so this brave, Hagel shares President Obama’s com- world’s bully. These are things which future nominee to head the Depart- mitment to addressing these chal- concern me about the attitude toward ment of Defense literally told his com- lenges and supporting our allies. He is Israel. I understand we can go back and manders: I want to volunteer to actu- committed to the President’s Iran get a lot of people in the past to sign a ally go to Vietnam and risk my life. strategy and he voted for many multi- letter, but I have to say that is still As he recounted it to me, he said: lateral sanction packages against their very much a concern of mine. ‘‘The room just stopped.’’ This wasn’t nuclear program. With that, I will yield the floor to my something that many people in Europe My friend from Oklahoma raised one good friend from Illinois. saw—in those days an enlisted man, vote when it comes to Iran, but I wish The PRESIDING OFFICER. The Sen- who received a safe assignment in Eu- to make a record of the fact that ator from Illinois. rope, would volunteer to go to war. He Chuck Hagel voted for the Iran Missile Mr. DURBIN. I thank the Senator convinced his leaders to give him that Proliferation Sanctions Act of 1998, the from Oklahoma and the Senator from chance and he served alongside his Iran Nonproliferation Act of 2000, and Indiana. I rise today to express my sup- brother Tom in the same unit. He said the Iran Freedom Support Act of 2006. port for our former colleague Chuck they saved each other’s lives more than In his book ‘‘America: Our Next Hagel to be America’s 24th Secretary of once, and thankfully they both came Chapter,’’ Chuck Hagel stated that Defense. We hoped Chuck Hagel would home safe to Nebraska. That was the Iran is a ‘‘state sponsor of terrorism,’’ have been named Secretary of Defense first chapter of Chuck Hagel’s public and that it ‘‘provides material support 2 weeks ago and could have led the del- service and his commitment to service- to Hezbollah and Hamas.’’ Chuck egation to Brussels last week to meet members and veterans. Hagel’s public statements and voting with our NATO partners on the chal- A second chapter came in 1981 when record in the Senate demonstrate a lenges we face in Afghanistan and President Ronald Reagan appointed strong commitment to Israel, a com- around the world. Chuck Hagel Deputy Administrator of mitment that the United States-Israeli Instead, he was subjected to a rare the Veterans’ Administration. The relationship will grow even stronger in and historic filibuster by the other side Washington Post speculated at the the future. of the aisle. What a way to give an op- time of his appointment that Hagel As he said in his book in 2008: portunity to a man of Chuck Hagel’s ‘‘might be expected to toe the company [a]t its core, there will always be a special background to serve our Nation. What line.’’ How wrong they were. He went and historic bond with Israel exemplified by we have seen over the past 2 weeks is to work immediately to be an advocate our continued commitment to Israel’s de- the cost of apostasy, the cost of break- for veterans. He quickly ran into road- fense. ing with a party, or a leadership, and blocks while serving Vietnam vets. At He also understands the budget chal- what it means when their name comes one point the head of the VA publicly lenges facing the Pentagon. During his up again for consideration. called Vietnam vets ‘‘crybabies.’’ testimony to the Armed Services Com- There is no question that there are After months of unsuccessful at- mittee, he said that sequestration some who bear some negative feelings tempts to bring attention to the care ‘‘would send a terrible signal to our toward Chuck Hagel because of his of our veterans, as they deserved, in- military and civilian workforce.’’ independence and some of his votes in cluding repeatedly raising the issue to On this, and many other issues, Sen- the past—even his support of President the White House, he did the right ator Hagel continues to demonstrate a Obama in the last Presidential elec- thing. As a matter of principle, he re- clear-eyed commitment to our core na- tion. But this has been taken to a level signed in order to bring the poor treat- tional security interests and a I never expected. ment of veterans to light in America. nuanced, personal understanding of the Chuck Hagel is no stranger to most He went on to start Vanguard Cel- gravity of the use of force. This is not of us in the Senate. We served with lular, a very large multimillion-dollar just my judgment; 13 former Secre- him. I served with him on the Intel- mobile phone company. He served as taries of State and Defense and former ligence Committee for 4 years. Not president and CEO of the USO, which National Security Advisors wrote to once did I have any question about this brings a smile, a laugh, and some com- the Senate recently, urging Senator man’s commitment to America and its fort and entertainment to our service- Hagel’s swift confirmation. The sig- national defense—not once. I watched members around the world. natories included senior leaders from votes being taken behind closed doors Later, as a U.S. Senator, he shep- both parties across several decades of on some very sensitive issues, and I herded the post-9/11 GI Bill into law Presidential administrations, such as saw Chuck Hagel respond in a non- along with fellow veteran Jim Webb. It Robert Gates, Colin Powell, Brent partisan way to those votes. I believe, was a substantial and overdue update Scowcroft, and William Cohen. These

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 26, 2013 CONGRESSIONAL RECORD — SENATE S825 men—all of whom have been part of the him as a human being and as a person ticular point. They may have had an responsibility of keeping America and, as I said, a colleague. I also recog- impact on the Iranian public, but it has safe—believe Chuck Hagel, as Sec- nize that elections have consequences, not had an impact on those leaders who retary of Defense, will do exactly that. and in most situations the President are making the decisions about the There are some here who may question has the right to choose his own advis- pursuit of nuclear weapons. This has that, and this is their right. But men ers, but this is no ordinary Cabinet po- broad bipartisan support: Four U.S. who have had that responsibility trust sition. This is Secretary of Defense and Presidents, including President Obama, Chuck Hagel, as do I. one of the most critical positions in has declared that an Iranian nuclear Let me quote from their letter: this government to protect the Amer- arms capability is ‘‘unacceptable.’’ Use His approach to national security debates ican people and to deal with national of military force as the last option, if about the use of American power is marked security issues. all other options fail, is central to our by a disciplined habit of thoughtfulness that Based on a number of positions Sen- ability to success in preventing Iran is sorely needed and these qualities will ator Hagel has taken and a number of from achieving this capability. serve him well as Secretary of Defense at a statements he has made throughout his Senator Hagel’s previous statements time when the United States must address a career, I have serious concern that his and record contradict all that. He has range of international security issues that nomination and confirmation will send publicly stated that military action to are unprecedented in scope. the wrong signal and could have a very stop Iran’s weapons programs is—and I Allow me to conclude by pointing to adverse effect on our national security. quote his statement: ‘‘Not viable, fea- the 2002 interview Chuck Hagel gave to I will list those. sible, or reasonable.’’ Not reasonable? the Library of Congress Vietnam His- First, and the primary reason, goes Is it not reasonable to have a policy tory Project. He discussed how he and to the question of Iran and its relent- the administration has adopted and his brother Tom would volunteer to less pursuit of nuclear weapons capa- four U.S. Presidents have endorsed? ‘‘walk point.’’ In other words, to watch, bility. As a Senator, Chuck Hagel re- When asked about this at the hearing, be out in front watching for ambushes, peatedly voted against sanctions legis- he again failed to offer, in my opinion, booby traps, leading his men safely lation. He even opposed sanctions a coherent response. through the day. He said, ‘‘You know aimed at the Iranian Revolutionary Senator Hagel has long called for di- what happens to a lot of point men, but Guard Corps who were killing and rect, unconditional talks with the Ira- I always felt a little better if I was up maiming our troops in Iraq. nian regime, not to mention direct front than somebody else.’’ As someone who, as ambassador to talks with Hamas, Hezbollah, and Forty-five years after first walking Germany, made many trips to Syria as well. He has pressed that such point for our servicemen in Vietnam, I Landstuhl, the first stop for those talks should proceed without the back- hope Chuck Hagel may be out in front maimed by improvised explosive de- ing gained from other more forceful, again walking point as our next Sec- vices supported by the Iranian Revolu- credible options. This approach is far retary of Defense. We need his wise tionary Guard Corps, I saw the tragic too weak, in my opinion, to be effective counsel on matters of war and peace consequences of their action. I could and reveals a person less committed to and his rock-solid commitment to our not come to grips with how it is pos- results than this critical moment—par- men and women in uniform. sible to vote against efforts to try to ticularly regarding the Iranian inten- Let me conclude by saying that over sanction and punish those who were in- tions—demands. In fact, I fear a mili- this past week, in my new capacity as juring and maiming our soldiers. Dur- tary option will have virtually zero chairman of the Defense Appropria- ing his recent testimony before the credibility if Senator Hagel becomes tions Subcommittee, I traveled to Afri- Senate Armed Services Committee, Secretary of Defense because it sends a ca and the Middle East. While I was Senator Hagel also proclaimed the le- dangerous message to the regime in there, I met with some of our great gitimacy of the current regime in Tehran and undermines our efforts to men and women in uniform. It was Tehran which has violently repressed prevent their intentions as it seeks to humbling to see the sacrifice they are its own citizens. We have seen that obtain the means necessary to harm making personally for the safety of the played out before our very eyes. They both the United States and the country United States. I visited places where have rigged recent elections, provided of Israel. people we don’t even know are working material support for terrorism and de- Lastly, and the third reason I have on the job every single day to protect nied the Holocaust. problems with this nomination, is that this great Nation. I am confident that Regarding U.S. policy in Iran’s pur- it does not have bipartisan support. Chuck Hagel, as Secretary of Defense, suit of nuclear weapons, Senator Hagel Over the last half century, no Sec- will keep them in mind and keep our displayed an embarrassing lack of retary of Defense has been confirmed national security in his heart. knowledge and confusion regarding our and taken office with more than three I hope my colleagues on the other official policy toward Iran—a well-un- Senators voting against him. Further, side will relent and spare us this fili- derstood policy. One of the most crit- in the history of this Nation, in this buster on Chuck Hagel, and will, in ical topics facing our Nation is Iran’s position, none has ever been confirmed fact, give him an opportunity to con- threat to world stability by the posses- with more than 11 opposing votes. tinue to serve this Nation in the capac- sion of nuclear capability and weapons. The occupant of this critical office ity of Secretary of Defense. I look for- Senator Hagel had to be handed a note should be someone whose candidacy is ward to working with him when that by an aide, indicating he was not aware neither controversial nor divisive. It happens. his answer was contrary to even the ad- would be unprecedented for a Secretary I yield the floor. ministration’s position. And his at- of Defense to take office without the The ACTING PRESIDENT pro tem- tempt to correct his answer had to be broad base of bipartisan support and pore. The Senator from Indiana. further clarified by the chairman of the confidence needed to serve effectively Mr. COATS. Mr. President, normally Armed Services Committee. This is in this critical position. I would be talking about the sequester central to our position, to our policy At this critical time in our Nation’s and the Nation’s fiscal health, but we relative to how we deal with Iran. Yet history, we need a Secretary of Defense are about to vote on a critical nomina- our next Secretary of Defense stated a who commands bipartisan support and tion for a very critical position in this position exactly opposite from what is willing to take every action nec- government. I wish to spend a few min- that current policy is. essary to defend the United States if utes defining why I came to the deci- The second issue of concern to me is the need arises. Based on the years of sion I have to oppose the confirmation that it is widely accepted, I think in a public statements and actions taken of Senator Hagel to be Secretary of De- bipartisan way, that any sound strat- during his career, I cannot say Chuck fense. egy on Iran must be underpinned by Hagel meets the criteria needed for Chuck Hagel is a former colleague. the highly credible threat of U.S. mili- this position that is so critical—the po- He is someone I respect for his honor- tary force if all other efforts fail; if di- sition of Secretary of Defense; there- able service to this country, both in plomacy fails, if our ever-ratcheting fore, I will oppose his nomination when uniform and out of uniform. I respect sanctions fail as they have to this par- the vote comes before us.

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S826 CONGRESSIONAL RECORD — SENATE February 26, 2013 With that, I yield the floor. ocracy as an ‘‘elected, legitimate gov- President Obama would like to pivot The PRESIDING OFFICER (Mr. ernment.’’ That comment is a slap in away from the Middle East, but the re- SCHATZ). The Senator from Oklahoma. the face to all of the courageous Ira- gion isn’t cooperating. Now, more than Mr. INHOFE. Mr. President, I know nian democracy activists who have ever, we need a Secretary of Defense the distinguished Senator from Dela- risked their lives and, in many cases, who understands the disastrous con- ware, Mr. CARPER, wishes to be heard. given their lives to oppose the dictator- sequences of a nuclear Iran. He is not on the floor now, so I think ship and promote freedom. We need a Defense Secretary who un- it is acceptable to go ahead with an- There is simply no way to sugarcoat derstands the importance of a robust other Republican now; is that correct? it. Senator Hagel’s performance before U.S.-Israeli alliance. Mr. LEVIN. Yes. the Senate Armed Services Committee We need a Defense Secretary who un- Mr. INHOFE. I recognize the senior was remarkably inept, and we should derstands Hamas for what it is: a geno- Senator from Texas, Mr. CORNYN. not be installing a Defense Secretary cidal terrorist group sworn to Israel’s The PRESIDING OFFICER. The Sen- who is obviously not qualified for the destruction. ator from Texas. job and who holds dangerously mis- In a larger sense, we need a Secretary Mr. CORNYN. Mr. President, we all guided views on some of the most im- of Defense who understands why U.S. know the Chamber is about to hold a portant issues facing national security leadership is indispensable to solving cloture vote on the President’s nomi- policy for our country. For that mat- our greatest challenges in the Middle nee to be the next Secretary of De- ter, Senator Hagel was candid to admit East and beyond. fense. If former Senator Chuck Hagel is there are many things about the De- Senator Hagel is clearly the wrong eventually confirmed, he will take of- partment he doesn’t really know. He man for the job. This isn’t about per- fice with the weakest support of any has assured us he will learn on the job. sonality, this isn’t about politics, but I Defense Secretary in modern history, That doesn’t inspire a lot of confidence will be voting against his confirmation which will make him less effective on in me because I don’t think we want a for that reason: because he is clearly his job. Secretary of Defense who has to learn the wrong man for the job. I ask unanimous consent to have on the job. There being no objection, the mate- printed in the RECORD a letter regard- A moment ago I mentioned Senator rial was ordered to be printed in the Hagel holds dangerously misguided ing this nomination following my re- RECORD, as follows: marks. It is a letter dated February 21, views about many critical issues. His supporters have called him a realist. In U.S. SENATE, signed by 15 Senators, to the President Washington, DC, February 21, 2013. fact, there is nothing realistic about asking him to withdraw the nomina- President BARACK H. OBAMA, tion, noting that no Secretary of De- his world view. The White House, 1600 Pennsylvania Avenue It is not realistic to think that by of- fense since that position has been cre- NW., Washington, DC. fering unconditional talks or estab- ated has received more than 11 oppos- DEAR PRESIDENT OBAMA: Last Thursday, lishing a new U.S. diplomatic post in the Senate voted to continue its consider- ing votes. I am confident this vote will Iran it will change the character of a ation of your nomination of former Senator eclipse that former record dem- regime that has spent the past 34 years Chuck Hagel to serve as our nation’s next onstrating what the Senator from Indi- waging war against America and our Secretary of Defense. While we respect Sen- ana was just talking about, and that is allies—a regime that was recently dis- ator Hagel’s honorable military service, in a lack of bipartisan support for this the interest of national security, we respect- covered to have been plotting to assas- critical position in the President’s Cab- fully request that you withdraw his nomina- sinate a Saudi diplomat by blowing up tion. inet. a crowded restaurant in Washington, What should we expect from Senator It would be unprecedented for a Secretary DC. Likewise, it is not realistic to Hagel if he is confirmed as Secretary of of Defense to take office without the broad think that further engagement with base of bipartisan support and confidence Defense? Well, it is hard to say. Over Hamas will dissuade it from pursuing needed to serve effectively in this critical the last 2 months he has repudiated Israel’s destruction. A terrorist organi- position. Over the last half-century, no Sec- many of his past votes and stated posi- zation that promotes genocidal vio- retary of Defense has been confirmed and tions related to the Middle East and lence is never going to be reformed by taken office with more than three Senators voting against him. Further, in the history the Defense Department. During his dialogue or concessions. confirmation hearings, he actually said of this position, none has ever been con- Finally, it is not realistic to think firmed with more than 11 opposing votes. the Defense Secretary was not a policy- that browbeating Israel will jumpstart making position. I had to scratch my The occupant of this critical office should be the Middle East peace process. Presi- someone whose candidacy is neither con- head at that one. dent Obama tried that approach him- troversial nor divisive. I also had to scratch my head when self during his first term, and it was a In contrast, in 2011, you nominated Leon Senator Hagel described President spectacular failure. We are further Panetta, who was confirmed by the Senate Obama’s policy toward Iran and its nu- from a lasting peace agreement today with unanimous support. His Pentagon ten- clear program as containment. When than we were in January 2009, and ure has been a huge success, due in part to he tried to correct himself, he said the high degree of trust and confidence that many Israelis, along with many Arabs, Senators on both sides of the aisle have President Obama does not have a posi- believe the United States is no longer a tion on containment, but that is not placed in him. The next Secretary of Defense reliable ally. should have a similar level of broad-based bi- true either. The U.S. position—as the When we look around the Middle partisan support and confidence in order to distinguished chairman of the Armed East, not only do we see a theocratic succeed at a time when the Department of Services Committee reminded Senator dictatorship trying to acquire nuclear Defense faces monumental challenges, in- Hagel during that hearing, and which weapons, we see a terrible civil war cluding Iran’s relentless drive to obtain nu- reflects a wide bipartisan consensus—is raging in Syria which is led by a des- clear weapons, a heightened threat of nu- that we oppose containment and will perate, pro-Iranian regime with mas- clear attack from North Korea, potentially prevent Iran from getting nuclear sive stockpiles of chemical weapons deep budget cuts, a strategic pivot to the weapons. That is the U.S. policy, one Asia-Pacific region, military operations in that has no reservation whatsoever at Afghanistan, the ongoing Global War on Ter- that people would think the nominee killing tens of thousands of its own ci- ror, the continued slaughter of Syrian civil- for Secretary of Defense would be vilians. We see the Muslim Brother- ians at the hands of their own government, aware of. hood attempting to create a new dicta- and other aftermath of the Arab Spring. Unfortunately, I fear Senator Hagel torship in Egypt. We see rising sec- Likewise, Senator Hagel’s performance at is actually expressing his own personal tarian violence in Iraq because of our his confirmation hearing was deeply con- views. I fear he really does think a nu- withdrawal without a status of forces cerning, leading to serious doubts about his clear Iran could be contained. He sug- agreement that would stabilize the basic competence to meet the substantial de- gested as much in the book he wrote in mands of the office. While Senator Hagel’s country and a democracy earned by the erratic record and myriad conversions on 2008. blood and treasure of so many Ameri- key national security issues are troubling At another point during the hearing, cans. We see a substantial al-Qaida enough, his statements regarding Iran were Senator Hagel described the mur- presence in countries such as Libya disconcerting. More than once during the derous, terror-sponsoring Iranian the- and Yemen. hearing, he proclaimed the legitimacy of the

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Leadership is also the will- terrorism, and denied the Holocaust. built a business, a good-sized business, Regarding U.S. policy on Iran’s pursuit of ingness to speak truth to power, to tell nuclear weapons, Senator Hagel displayed a ran that business, and he has led some people—sometimes our leaders, wheth- seeming ambivalence about whether contain- large government entities, including er they be the President or, frankly, ment or prevention is the best approach, those that look out for our veterans sometimes leaders of other countries— which gives us great concern. Any sound and others too. what they need to hear, maybe not strategy on Iran must be underpinned by the As to the question of does one have what they want to hear. highly credible threat of U.S. military force, the kind of intimate knowledge of the Chuck Hagel is that kind of person. I and there is broad bipartisan agreement on Department of Defense we would like believe he is principled. I think he is that point. If Senator Hagel becomes Sec- for a person to have, he has had good hard working, that he will surround retary of Defense, the military option will training. He has had good exposure. He have near zero credibility. This sends a dan- himself with good people, ethical peo- gerous message to the regime in Tehran, as has been there. He has done that. He ple, honest people, capable people, it seeks to obtain the means necessary to has been able to, as an innovator, as an bright people. harm both the United States and Israel. entrepreneur, start a business, grow a I think as a former Member here, he We have concluded that Senator Hagel is business, run that business, build that understands the importance of the not the right candidate to hold the office of business. interaction between us and the Depart- Secretary of Defense, and we respectfully re- Here he served on the committees of ment of Defense, which I hope he will quest that you withdraw his nomination. jurisdiction that actually enabled him have the opportunity to lead. Thank you for your consideration. to drill down on parts of the Depart- When we passed something called the Sincerely. John Cornyn; Lindsey Graham; David ment of Defense and part of our defense Chief Financial Officer Act, I think in Vitter; Mike Lee; Marco Rubio; Ron policy and foreign policy that you 1990 in this Chamber, coauthored, I Johnson; Tom Coburn; Tim Scott; never have a chance to when you are think, by Bill Roth, my predecessor, James Inhofe; Roger Wicker; Ted Cruz; over there serving in Southeast Asia or one of the requirements of that legisla- Patrick Toomey; Daniel Coats; James some other area around the world as a tion was not only would every major E. Risch; John Barrasso. member of our Armed Services. department in our government be re- Mr. CORNYN. Mr. President, I yield When I went with Chuck on a codel— quired to have a chief financial officer, the floor. I want to say it was maybe in 2005— but also, in addition, there was a full The PRESIDING OFFICER. The Sen- that is when we actually get to know expectation that all these departments ator from Delaware. people around here. We could be here, which were not auditable—could not be Mr. CARPER. Mr. President, it is be kind of airdropped in on Monday audited—had to become auditable. rare that I disagree with the Senator afternoons, vote, and then by the time They had to be capable of being au- from Texas—maybe once or twice in Thursday night rolls around, folks here dited. Then there was the full expecta- the last half a dozen years. Seriously, smell the jet fumes and they are ready tion that once they were auditable, we disagree from time to time, but we to go back to Hawaii or Michigan or they would be able to pass an audit do it in a way that we are not disagree- Oklahoma or someplace such as that. fully without qualification. able with one another. We go by train to Delaware. But people Today, there are two departments in I support the President’s nomination are ready to head for home, and we just the Federal Government that are not of Chuck Hagel to be our Secretary of do not have the kind of time together, auditable and have not passed an audit Defense, and I wish to take a couple of quality time together, that we used to in an unqualified manner. One of them minutes to explain why. have when people would actually stay is the Department of Homeland Secu- For folks who might be watching this here for weekends, when we were not rity. They are getting real close. They from afar, this body used to operate focused 24/7 on fundraising, and we ac- are knocking on the door. I think they very differently than it does today. The tually had—believe it or not—dinner will get it done by next year. I con- President would nominate people to clubs and people carpooled to work. gratulate the Secretary and their team serve in a cabinet or to serve as judges Can you imagine that: Democrats and for doing that. and there would be hearings. There Republicans carpooling to work here? The other is the Department of De- would be debate. Sometimes people We just do not have those opportuni- fense. For years and years and years would disagree. But, certainly, for Cab- ties these days. I do not know that we they would say: Well, manana. We will inet appointments and for sub-Cabinet ever will again. do that manana, next year or the year level appointments, for the most part, So one of the great opportunities we after that. They have not. Why is this the President got the team he, or have to know people is when we go on important? What you cannot measure someday she, asked for. That is the codels, these congressional delegation you cannot manage. What we cannot way we have done it as Governors trips. I had the opportunity to go with measure we cannot manage. The De- across the country, and it is the way Chuck Hagel on a codel he led over one- partment of Defense is unable to meas- we still do it. The idea of 4 years of this half dozen years ago. We went to the ure well and, as a result, they do not administration to still be playing a Middle East. We went to Israel. We manage as well as they need to. game of executive branch Swiss spent time along Gaza. We went to Jor- We just got a high risk update from cheese—we have so many relatively dan. We met with leaders of Saudi Ara- the GAO, the General Accountability high level positions, confirmable posi- bia. I had a chance to actually see him Office, 2 weeks ago. High on their list tions that are still vacant—is not good, interact up close and personal with of issues that need to be addressed is whether it happens to be a Democratic leaders of all those countries, see how the Department of Defense’s need to be administration or a Republican admin- he handled himself, to see his knowl- able to pass an unqualified audit so istration. edge of the issues, his ability to debate, their financials, their accounting sys- The President, regardless of what discuss those issues with the leaders of tems and supply systems, their spare party they are from, needs, for the three of the most important nations, parts systems, personnel systems actu- most part, to have the team they want allies of ours in the world. ally work. to put in place. They have been elected I was proud of the job he did then. I Leon Panetta has done much in the 2 to lead. Let’s give them a chance to was proud of the leadership he showed years he has served as Secretary of De- lead. If they screw up, we can hold on those occasions. I was proud of his fense to make sure the Department of them accountable. grasp of the issues. Defense takes this obligation seriously. I had the pleasure of serving with Do you know the other thing I was I commend him and I thank him for Chuck Hagel for, I guess, my first 8 proud of? He was willing to be honest that. He has been like a breath of fresh years as a Senator. I like him and re- and frank with people with whom we air. spect him as a fellow Vietnam veteran. need to be honest and frank. He re- Second, Chuck Hagel has given me He is a war hero. He was wounded not minds me of one of the old caveats of his personal commitment that he will once but twice. He has the Purple leadership, which is that leadership is not relent, he will not turn back, but

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Believe me, I do too. cided to name Senator Hagel anyway. reach, the milestone they are about to One of things we are going to use There were signals from the right reach, and the milestone that virtually from our commitment of Homeland Se- and from the left that Senator Hagel every other Department of the Federal curity and Governmental Affairs—on would be a divisive and distracting Government has reached. which Senator LEVIN serves, and he choice. The Washington Post editorial We are looking down the barrel of a chairs the Permanent Subcommittee board gave the President good advice gun this Friday—sequestration. If we on Investigations—we are going to on December 18 by saying: ‘‘Chuck are serious about making sure we do make sure we hold the feet of the De- Hagel is not the right choice for de- not get shot by that gun, mortally partment of Defense to the fire, and we fense secretary.’’ wounded by that gun, along with our need a Secretary of Defense who will do The differences surrounding Senator economy, we are going to have to make that as well—someone who is a fiscal Hagel’s nomination during the last few sure we are doing three things better. hawk, someone who understands the weeks stand in stark contrast to the One of those is, we need some addi- importance of getting better results for unanimous support for outgoing De- tional revenues. We need to have reve- less money in everything we do, includ- fense Secretary Leon Panetta. Mr. nues closer to the level of where reve- ing providing for the defense of our Hagel’s nomination is markedly dif- nues were in the 4 years we had bal- country. ferent from the overwhelming con- anced budgets under Bill Clinton, That is not the speech I brought with firmation of Senator John Kerry for where revenues as a percentage of me to the floor, but it is the speech Secretary of State. GDP, my colleagues will recall, ranged that is in my heart. With so much at stake in the coming anywhere from 191⁄2 percent of GDP to I just say to my colleagues, if you are days, this should be a time for con- 201⁄2 percent of GDP—somewhere in on the fence and you are not sure sensus and cooperation. A nominee who that range. Last year, it was about whether you ought to vote for cloture, could draw unequivocal support would 151⁄2, maybe 16 percent of GDP. someday we are going to have a Repub- have served our defense priorities bet- With the fiscal cliff deal adopted in lican President again. Someday we will ter—and those of our allies. this body and signed by the President have a Republican majority here. This confirmation fight occurs back in early January, revenues as a There is an old saying: Every dog has against the backdrop of severe across- percentage of GDP by the end of these its day. Today we have a Democratic the-board cuts to America’s defense 10 years will be up to about 18, 181⁄2 per- President and we have a Democratic programs that are set to take effect cent. But some additional revenues are Senate for confirmations. Someday this week unless current policy is needed, very much in line with what we that will not be the case. I will say to changed. The Joint Chiefs of Staff reit- had when we actually had four bal- our Republican friends, just be careful. erated this disastrous reality at a hear- anced budgets in a row under the Clin- Just be careful. I say this with respect: ing on February 12. The generals and ton administration. Remember, those Be careful of the bed we make because admirals who testified are some of the were the first balanced budgets we had someday our friends on the other side most respected in the Pentagon. They since 1969. So, No. 1, we need some ad- will get to lie in it. Do we want to con- are some of the most respected in the ditional revenues—in smart ways. tinue to go on with this precedent of world. They made it clear that these The second thing we need to do is en- maybe even denying an up-or-down cuts, at nearly one-half trillion dollars, titlement program reform. Over half vote on the nomination of a Secretary? threaten America’s military readiness the money we spend is on entitlements. I do not think so. I do not think that and national security. Based on their Is it possible? The President says we is a good precedent. An even worse expertise, we are obliged to believe need entitlement reform that saves precedent is to have all these sub-Cabi- them. money, does not savage old people, net-level positions that are vacant and By contrast, Senator Hagel has poor people, and actually makes sure have been vacant, in some cases, for called the defense budget ‘‘bloated.’’ He these programs are around for future weeks, months, in some cases for did not simply say there is some fat we generations. I could not agree more. longer. That is a terrible precedent to can trim or that there is room for sav- That is No. 2. have, and we need to stop it. A good ings, as we all believe. No, he said it The third thing we need to do is find time to stop it is right now. was bloated. ways to save money in everything we I am pleased to stand and endorse the Which is it? Are the Joint Chiefs of do—everything we do—from agri- nomination of Chuck Hagel. I think he Staff correct or is Chuck Hagel cor- culture to transportation and every- was a credit to his State, to this body rect? The testimony from Defense offi- thing in between, including defense. when he served here, and I think he cials is clearly at odds with Mr. Hagel’s I am told—and I am going to look will be a credit to us if he is confirmed. shortsighted assessment. over here at Senator LEVIN, the chair- I urge his confirmation starting with Would Senator Hagel defend a robust man of the committee, and the ranking today’s vote for cloture. defense budget in the face of indis- member, Senator INHOFE, and just ask Thank you very much. criminate cuts that could weaken our a rhetorical question. I recall hearing The PRESIDING OFFICER. The Sen- national security or does he believe se- not long ago that we spend more as a ator from Mississippi. questration is the answer to what he nation on defense—I say this as a 23- Mr. WICKER. Mr. President, I too calls a bloated defense budget? year veteran naval flight officer, Ac- rise in opposition to the nomination of The statement that our national se- tive and Reserve Duty, a Vietnam vet- Chuck Hagel to lead the Department of curity budget is bloated is only one of eran—but I am told we spend as much Defense. Mr. Hagel is probably going to many outlandish pronouncements Sen- money on defense as maybe the next 5, get his vote, but let me say this to my ator Hagel has used to grab attention 6, 7 nations combined. friend from Delaware. If a Republican rather than give an accurate evalua- As important as it is for our next President in the future brings a nomi- tion of the situation at hand. Secretary of Defense to have a good nation for Defense Secretary to this Senator Hagel has in fact made a ca- grasp of military issues—foreign issues, Senate and he does not get as many as reer out of speaking against the bipar- intelligence issues, the ability to man- 60 votes, I will ask that Republican tisan mainstream and taking positions age big operations, to have strong man- President to withdraw that nomina- on the fringe of public opinion. Here agers under him or her—as important tion, and I wish this President would are a few other examples: Senator as that is, it is important for us to do the same. This could have been an Hagel has accused Israel of ‘‘playing spend more wisely. easy matter. The selection of the De- games’’ and committing ‘‘sickening A good place to start is the GAO high fense Secretary for President Obama’s slaughter’’ when it was defending itself risk list for high-risk places where we second term could have been a unifying from Hezbollah terrorists in Lebanon. are wasting money and that we get a moment. There were a host of quali- He has said that Israel should not keep

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Mr. President, this has On Iran, Senator Hagel has stated he who had been intimidated or one dumb been a good debate. We have repeated a is both for and against unilateral sanc- thing that Congress had done because lot of things that have been said be- tions. He wrote to Senator BOXER’s of- of the pro-Israel lobby. One or two fore. There are just some things I think fice on January 14: troubling statements might not be dis- are worth repeating. I agree that, with Iran’s continued rejec- qualifying when taken alone, but all of I need to say over and over again, as tion of diplomatic overtures, further effec- the positions taken together paint often as I can, that nobody is impugn- tive sanctions, both multilateral and unilat- what I believe is an accurate picture of ing the integrity of former Senator eral—may be necessary. this nominee. Our troops and allies Hagel. Everyone is very complimentary A week earlier, Senator Hagel told need to rely on the words of the Sec- of the great service he has performed in the Lincoln Journal Star that he op- retary of Defense. Changing viewpoints military service. That is not the issue. posed unilateral sanctions because for the purpose of political expediency That has nothing to do with it. The thing that is important is the they ‘‘don’t work and they just isolate or to make headlines is not the hall- fact that they have said continuously, the United States.’’ mark of a steadfast leader. over and over again, this is a filibuster. When speaking about the Iraq war, Weeks after the process began, two They have said this is the first time Senator Hagel has described it as a conclusions emerged from the totality that there has been a filibuster on a ‘‘meat grinder,’’ a crude characteriza- of the information that has come to Cabinet nominee. That is just not true. tion that succeeded, once again, in light about Senator Hagel: Either we This happens all the time. In fact, in gaining him some additional headlines. should disregard everything he has said recent history there have been six de- Perhaps, in an effort to minimize his and stood for as merely hyperbole—— mands for cloture on the Democratic inconsistent record, Senator Hagel said The PRESIDING OFFICER. The time side as opposed to only one on the Re- during the Armed Services hearing on of the Senator has expired. January 31 that he ‘‘won’t be in a pol- publican side. This is not a filibuster. Mr. WICKER. May I ask unanimous Rather than take my word for it, icy-making position’’ as Defense Sec- consent for 1 additional minute? take our Vice President JOE BIDEN’s retary. This comment illustrates either Mr. INHOFE. I yield 2 additional word for it when he said this is not a naivety or a disturbing abdication of minutes to the Senator from Mis- filibuster. He was talking about a con- the Defense Secretary’s responsibil- sissippi. troversial appointee. A letter was sent ities, which include well-informed pol- Mr. WICKER. I thank the gentleman. by him to his colleagues arguing that icy decisions that will affect the lives Let’s say everything the Senator has opposing cloture was not a filibuster. of men and women in uniform. Of said is merely hyperbole or this is a He said: ‘‘It is a vote to protect the course the Secretary of Defense makes nominee with a very unsettling and Senate’s constitutional power to advise policy. naive world view. You can’t have it and consent to nominations.’’ During the Armed Services hearing, both ways. Either he means what he This is worth repeating. Vice Presi- Senator MCCAIN was correct to try to said over his career or it has all been dent JOE BIDEN said it is not a fili- ascertain what Senator Hagel’s feelings theater. buster. ‘‘It is a vote to protect the Sen- are today about the surge in Iraq. A The President is entitled to make his ate’s constitutional power to advise number of people agreed with Senator nomination, but the Senate must up- and consent to nominations.’’ Hagel at the time but are now willing hold its important constitutional duty This expresses the frustration of our to admit with hindsight that the surge to provide advice and consent on this new Senator from Texas, Senator CRUZ, went better than expected, but not nomination. who finally just gave up. He said: You Senator Hagel. Early on, many friends on the Demo- know, I have been wanting to exercise Let’s not forget that Senator Hagel cratic side of the aisle voiced their my constitutional rights all of this did not merely oppose the surge. It was very real concerns. Let me ask, Has time. Senator CRUZ said, I have said it not enough to say he had misgivings or Chuck Hagel truly answered those con- over and over again, and I have re- doubts. He called it the greatest for- cerns? Which Chuck Hagel are we being quested over and over again the infor- eign policy blunder since the Vietnam asked to confirm: the one who shoots mation to which I am entitled and to war. This has been the extreme, out- from the hip and means what he says which I have a constitutional right. landish, rhetorical approach of Chuck or the one who is now willing to say I am in a position to quote—I have Hagel throughout his career. anything to be confirmed? already done it several times from this People involved in a position of this We need a Secretary of Defense who podium—our distinguished chairman, importance need to be careful about can stand before the world and articu- who also agrees we need to have those what they say. When one is being inter- late that America is opposed to a nu- rights. Certainly, we have quoted Sen- viewed for a book, they should choose clear Iran and rejects a policy of con- ator Kerry and others talking about words wisely. That is why, during the tainment. We need a Secretary of De- the fact that requiring this informa- Armed Services hearing, I asked Sen- fense who can stand before the world tion is simply something so ingrained ator Hagel about why he told author and be clear that the Iranian Govern- in our system. This is not just JIM Aaron David Miller ‘‘the Jewish lobby ment is not a legitimately constituted INHOFE and Alexander Hamilton talk- intimidates a lot of people up here’’ government. We need a Secretary of ing, this is everybody throughout this and that he ‘‘always argued against Defense who has broad, bipartisan sup- country’s history. some of the dumb things they do.’’ port. Sadly, that Secretary is not This is one of the things that people Let me make this clear. Americans Chuck Hagel. should consider: This is not a fili- who come to Washington and advocate The PRESIDING OFFICER. The Sen- buster, and we have not received the for Israel do meaningful work to ad- ator from Michigan. information to which we are entitled. vance a strong, sovereign, and demo- Mr. LEVIN. Mr. President, may I in- It is not just Senator CRUZ, it is others cratic Israel, America’s closest ally in quire how much time remains on both too. It doesn’t happen to be me because the Middle East. Mr. Hagel did not de- sides? I am opposing this nominee for many fend his comments at the hearing. In- The PRESIDING OFFICER. The Sen- of the same reasons that the previous stead, he blamed his statements on a ator from Michigan has 111⁄2 minutes speakers, Senator CORNYN and Senator poor choice of words. remaining, and the Senator from Okla- WICKER from Mississippi, have stated. Congressional actions, such as tough homa has 11 minutes. I know we are close to running out of Iran sanctions and greater military co- The Senator from Oklahoma. time. I think the senior Senator from

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All of these issues are very im- darity with Israel, and the fact that— the attitude of former Senator Hagel to portant—the mere fact Iran would say and I do applaud and appreciate the the various Middle Eastern countries the Holocaust didn’t exist. chairman of the committee for allow- and how Hezbollah, Hamas, all of those Now, keep in mind—and I know the ing Senator CRUZ to show the video of work into it. response to this is that we don’t have an interview on Al Jazeera—Senator In the case of Iran, I am and have any control over who supports him, but Hagel agreed with the comment that been concerned about the attitude of it is interesting, though—that Iran Israel made war crimes or the state- Mr. Hagel in terms of this group called supports Chuck Hagel’s nomination to ment that Israel committed sickening Global Zero movement that wants to be Secretary of Defense. I mean, Iran slaughters and that America is the do away with nukes, even if it is uni- arguably could be considered to be the world’s bully. These all underscore the lateral. greatest foe that is out there for the fact that Senator Hagel is not the kind This isn’t the way it used to be in the United States, recognizing the capa- of person we need as Secretary of De- old days. As I said a minute ago, I look bilities they are going to have and the fense for the United States of America. wistfully upon those days because it is statements they have made about the With that, I yield the floor. not that way anymore. Our unclassi- United States of America. That is The PRESIDING OFFICER. The Sen- fied intelligence says Iran is going to frightening. ator from Michigan. have nuclear capability and a delivery So those are the reasons I was con- Mr. LEVIN. First, on the question of system by 2015. Why would we want to cerned initially about this nomina- whether this is a filibuster, under our bring down our nuclear capability in an tion—and I think it has been said and rules Senators have a right to speak environment like that? We also know said very well by the Senator from Mis- and debate as long as they want until 60 Senators decide it is time to end de- and have watched recently what North sissippi, who went over all the details— bate. That is the definition, under our Korea has done, all of them trading and I think it is something that has to rules, of a filibuster. And that is the with China, Syria, and these other be looked at and looked at seriously. right of Senators to engage in. That is countries. It is not like it was in the The idea that this process of requir- not the issue, as to whether it is right; old days. ing a 60 vote margin is new at a Cabi- I need to mention this also because net level—I mentioned that a very the issue is whether it is now time to three of the previous speakers spoke prominent leftwing television station end debate. Under our rules, in order to bring debate to an end, where Senators about Iran, their concern about the was talking about that over and over insist on continuing a debate unless 60 statements that have been made in again, that this has never happened, Senators vote to end it, this is what support of Iran by Mr. Hagel. If you there has never been a Cabinet position this vote will be about at noon—wheth- look at some of the quotes that come that has been filibustered. First of all, er we want to bring this debate to an from Iran, you need to remind people it is not filibustering. We know that end. Why? Well, first of all, we need a those guys are bad guys over there. One because we heard that from John Secretary of Defense. But before we of their statements from their ministry Kerry, JOE BIDEN, and all the rest of can get a Secretary of Defense, there was that people of the Middle East— the people who have been concerned has to be a vote on the nomination the Muslim region and North Africa, about the fact that there is something itself. The vote at noon will be a vote people from these regions—hate Amer- improper about cloture when it comes as to whether we want to bring this de- ica from the bottom of their hearts. to nominees. There is nothing more im- bate to an end so that we can, at a Then they go after, of course, Israel. portant than a President nominating later time—hopefully today—then vote They said Iran’s warriors are ready and someone for these Cabinet positions, on the nomination itself. That is a ma- willing to wipe Israel off the map. The and it is very common that they are jority vote, not 60 votes. In fact, the Zionists will receive a crushing re- questioned by the opposition, by an op- final vote on either a nominee or on a sponse from the Islamic Republic’s position party to the President in the bill is always a majority vote. The 60 armed forces, which will lead to their Senate. We are the ones who have that votes comes into play when Senators annihilation. constitutional responsibility. say: We are not going to end debate. This is the Islamist Revolutionary I remember because I was sitting We have a right to talk as long as we Guard, the same group which was to be here when Kathleen Sebelius went want in the Senate until 60 Senators declared a terrorist group when he was through the same thing. She, obvi- vote to end it. And we demand that then-Senator Hagel, and he was only ously, had to finally have a 60-vote vote of 60 Senators takes place to see if one of four Members of the entire Sen- margin. John Bryson, Secretary of there are 60 Senators who want to end ate who objected to designating the Commerce—I remember what he went debate. That is called cloture. That is Revolutionary Guard as a terrorist through. Also, I recall very well Miguel what we will be voting on at noon. group. This quote is the one that re- Estrada. I remember being down here That is the very definition of a fili- ceived my attention the most, and it with Miguel Estrada, and they rejected buster, under our rules. has directly to do with Israel. Iran him seven different times. They re- So it is not unusual, as the Senator said: quired a 60-vote margin. He always got from Oklahoma says, for there to be a They launched the myth of the Holocaust. in the fifties. The highest he got was demand for a cloture vote on positions They lied, they put on a show and then they 55. But he was rejected. in the Cabinet. That has happened be- support the Jews. So what we are saying is that this is fore. But what has never happened is This is interesting they would have not anything unusual. We all know that that has been insisted upon for a that kind of a strong statement. I about Dirk Kempthorne and Steven nomination to be Secretary of Defense. asked my staff this morning if they re- Johnson. Steven Johnson happened to That is what is unusual. membered a movie called ‘‘Schindler’s be an appointee of Republican Presi- It seems to me it is essential now List.’’ ‘‘Schindler’s List’’ was a movie I dent Bush, yet he was a Democrat, and that we get to the vote on the nomina- never saw until it was on national TV he was one where finally we were able tion itself, which will come later on 3 days ago, and I couldn’t stop watch- to get the 60 votes. We got 61 votes. So, today—again, I hope—and the only way ing it. I couldn’t turn it off. You need again, there is nothing unusual about to do that is if we vote to end the de- to look at the Holocaust from that per- this. bate on this nomination, which is what spective. Iran denies it even took My only plea is that we consider will take place at noon. Whether there place. some of the things that are in the will be 60 votes, we will find out at You will not find any country or any background of this nominee to be Sec- noon, but hopefully there will be be- area we have dealt with in the past retary of Defense, as has been stated cause this is a position which needs to that is more anti-Israel than Iran. I before. The fact that he is one of only be filled. have to say also, if anyone wants to two who were against sanctions in There have been many know some of my feelings, I have made Iran, one of only four who opposed des- misstatements about quotes of Senator

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 26, 2013 CONGRESSIONAL RECORD — SENATE S831 Hagel. Obviously, not all of the state- on the issues of the Middle East. He has in- dress a range of international issues that are ments that have been attributed to variably demonstrated strong support for unprecedented in scope. Our extensive expe- him are misstatements, but some of Israel and for a two state solution and has rience working with Senator Hagel over the them are. Just one of them we heard been opposed to those who would undermine years has left us confident that he has the or threaten Israel’s security. necessary background to succeed in the job earlier this morning was about the fact We can think of few more qualified, more of leading the largest federal agency. that he has talked about the sickening non-partisan, more courageous or better Hagel has declared that we ‘‘knew we need- slaughter by the Israelis in the case of equipped to head the Department of Defense ed the world’s best military not because we Lebanon. So here is the quote, and it at this critical moment in strengthening wanted war but because we wanted to pre- was a full speech. It was on C–SPAN. America’s role in the world. If he is nomi- vent war.’’ For those of us honored to have The quote is—and this involves the nated, we urge the speedy confirmation of served as members of a president’s national issue of Lebanon—‘‘The sickening Senator Hagel’s appointment. security team, Senator Hagel clearly under- slaughter on both sides must end.’’ So Sincerely, stands the essence and the burdens of leader- ship required of this high office. We hope this what Senator Hagel was bemoaning Nicholas Burns, former Under Secretary of State for Political Affairs, Ambas- Committee and the U.S. Senate will prompt- was the loss of lives on both sides. I sador to NATO and Greece; Ryan ly and favorably act on his nomination. would hope that decent people every- Crocker, former Ambassador to Iraq Sincerely, where would bemoan the massive loss and Afghanistan; Edward Djerejian, Hon. Madeleine Albright, former Sec- of lives on both sides that occurred former Ambassador to Israel and Syria; retary of State; Hon. Samuel Berger, during those events in Lebanon. I was William Harrop, former Ambassador to former National Security Advisor; Hon. there, and I saw what happened—the Israel; Daniel Kurtzer, former Ambas- Harold Brown, former Secretary of De- huge loss of life. So he was bemoaning sador to Israel and Egypt; Sam Lewis, fense; Hon. Zbigniew Brzezinski, the sickening slaughter on both sides former Ambassador to Israel; William former National Security Advisor; Hon. William Cohen, former Secretary of and saying it must end and calling on H. Luers, former Ambassador to Ven- ezuela and Czechoslovakia; Thomas R. Defense; Hon. Robert Gates, former President Bush to call for an imme- Pickering, former Under Secretary of Secretary of Defense; Hon. James diate cease-fire. I find nothing rep- State for Political Affairs, Ambassador Jones, former National Security Advi- rehensible about such a call. to Israel and Russia; Frank G. Wisner, sor; Hon. Melvin Laird, former Sec- This has been a debate which has former Under Secretary of Defense for retary of Defense; Hon. Robert McFar- raised a lot of issues, but, to me, some Policy, Ambassador to Egypt and lane, former National Security Advi- of the most compelling arguments have India. sor; Hon. William Perry, former Sec- been made by former Secretaries of De- retary of Defense; Hon. Colin Powell, fense and State urging that we approve U.S. SENATE, former Secretary of State and National and confirm Senator Hagel. Washington, DC, January 24, 2013. Security Advisor; Hon. George Shultz, Mr. President, I ask unanimous con- Re Support Senator Hagel’s Nomination former Secretary of State; Hon. Brent DEAR COLLEAGUE: I wanted to share the at- Scowcroft, former National Security sent to have printed in the RECORD let- Advisor. ters of support to which I will refer. At tached letter from thirteen former Secre- an earlier time, they were made part of taries of Defense, Secretaries of State, and National Security Advisors in support of NON COMMISSIONED OFFICERS ASSO- the RECORD, but it is important that Senator Hagel’s nomination for Secretary of CIATION OF THE UNITED STATES OF they be made a part of the RECORD of Defense. AMERICA, today’s debate and not just previous These eminent national security experts Alexandria, VA, January 22, 2013. debates. advised Presidents Reagan, George H.W. Hon. CARL LEVIN, Chairman, There being no objection, the mate- Bush, Clinton, and George W. Bush on a host Hon. JAMES M. INHOFE, Ranking Member, rial was ordered to be printed in the of international matters. Committee on Armed Services, U.S. Senate, Rus- sell Senate Office Building, Washington, RECORD, as follows: I hope that you will take a moment to re- view their letter as you consider Senator DC. DECEMBER 20, 2012. DEAR CHAIRMAN LEVIN AND RANKING MEM- Hagel’s nomination. Ambassadors’ Open Letter: Senator Hagel BER INHOFE: The Non Commissioned Officers Sincerely, Impeccable Choice for Defense Secretary Association of the USA (NCOA) strongly sup- JACK REED, We support, most strongly and without ports the appointment of The Honorable U.S. Senator. qualification, President Obama’s reported in- Chuck Hagel to be Secretary of Defense. tention to nominate Senator Chuck Hagel to The association’s membership is comprised be the next secretary of defense. Each of us JANUARY 24, 2013. of current and former enlisted members of has known the senator over the past twenty TO MEMBERS OF THE U.S. SENATE: We, as the active duty military, Guard and Reserve years and has found him invariably one of former Secretaries of State, Defense, and Na- Components to include all elements of the the best informed leaders in the U.S. Con- tional Security Advisors, are writing to ex- United States Coast Guard. The members of gress on the issues of U.S. national security. press our strong endorsement of Chuck Hagel NCOA share a common experience with Sen- Senator Hagel’s credentials for the job are to be the next Secretary of Defense. ator Hagel who personally experienced the impeccable. As a decorated Vietnam veteran, Chuck Hagel has an impeccable record of rigors of military service to include combat an extremely successful entrepreneur in the public service that reflects leadership, integ- in the Vietnam War. private sector and as a two-term senator, he rity, and a keen reading of global dynamics. His military service including being twice brings unusually high qualifications and ex- From his time as Deputy Veterans Adminis- wounded in action has instilled the values of periences to the Department of Defense at trator managing a quarter of a million em- service and personal sacrifice and for which this time of budget constraint and chal- ployees during the Reagan presidency, to he knows well the human cost of war. lenges to reshape America’s military power turning around the financially troubled He has been an advocate for Soldiers, Ma- while keeping it strong for the coming dec- World USO, to shepherding the post–9/11 GI rines, Sailors, Airmen, and Coasties to en- ades. Bill into law as a United States Senator, and sure the training and equipage of America’s Senator Hagel’s political courage has im- most recently through his service on the De- 21st Century Military Force to coincide with pressed us all. He has stood and argued pub- fense Policy Board at the Pentagon and as a solid revised Defense posture to meet con- licly for what he believes is best for the co-Chairman of the President’s Intelligence ventional and unconventional world chal- United States. When he was attacked for op- Advisory Board, Chuck Hagel is uniquely lenges. posing the war in Iraq as ‘‘unpatriotic,’’ he qualified to meet the challenges facing the Senator Hagel has also championed per- replied, ‘‘To question your government is not Department of Defense and our men and sonnel issues relating to combat dwell time, unpatriotic—to not question your govern- women in uniform. As President Obama force protection, transition issues including ment is unpatriotic.’’ noted in announcing the nomination, this electronic medical issues, preparation for fu- Time and again he chose to take the path twice-wounded combat veteran ‘‘is a cham- ture employment and training, veterans ben- of standing up for our nation over political pion of our troops and our veterans and our efits including enhancements to Post 9/11 expediency. He has always supported the pil- military families’’ and would have the dis- educational benefits. He also recognizes the lars of American foreign policy—such as: a tinction of being the first person of enlisted value and sacrifice of families of the men strong NATO and Atlantic partnership; a rank and the first Vietnam veteran to serve and women who serve in this nation’s Uni- commitment to the security of Israel, as a as Secretary of Defense. formed Services. friend and ally; a determination to stop the His approach to national security and de- The NCOA has no hesitation in asking that proliferation of nuclear weapons; and the de- bates about the use of American power is Senator Hagel receive an expeditious hearing fense of human rights as a core principle of marked by a disciplined habit of thoughtful- that confirms his confirmation to be the America’s role in the world. ness that is sorely needed and these qualities next Secretary of Defense. This Association Each of us has had the opportunity to work will serve him well as Secretary of Defense recognizes the challenges that will be faced with Senator Hagel at one time or another at a time when the United States must ad- as Secretary of Defense and believe Senator

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Chuck Hagel knows that, while military ments of Senator Hagel and about Sen- AMVETS NATIONAL COMMANDER AP- force in defense of the nation is unfortu- ator Hagel—first in terms of his state- PROVES DEFENSE SECRETARY NOMI- nately sometimes necessary, decisions con- ments about Iran. In his 2008 book, he NATION cerning war and peace, life and death, never said: This afternoon, AMVETS National Com- should be undertaken lightly. This is the At its core, there will always be a special mander Cleve Geer endorsed President least that we can ask of our leaders. and historic bond with Israel, exemplified by Barack Obama’s nomination of Chuck Hagel The President has said that ‘‘in Chuck our continued commitment to Israel’s de- as the next Secretary of Defense. Obama an- Hagel our troops see a decorated combat vet- fense. nounced the nomination yesterday, Jan. 7, eran of character and strength. They see one of their own. Chuck is a champion of our And this is a statement made by an 2013. Israeli Deputy Foreign Minister whose ‘‘AMVETS fully supports President troops and our veterans and our military Obama’s nomination of Chuck Hagel for the families.’’ ‘‘Chuck knows that war is not an name is Danny Ayalon. This is what he future Secretary of Defense,’’ said Geer. ‘‘As abstraction. He understands that sending said just recently: a veterans service organization, AMVETS’ young Americans to fight and bleed in the Senator Hagel believes in the natural part- main mission is to serve as an advocate for dirt and mud, that’s something we only do nership between Israel and the United veterans, their families and the community when it’s absolutely necessary.’’ As veterans, States. Senator Hagel is proud of the volume in which they live. I am confident that we could not agree more. As the nation com- of defense relations between Israel and the former Sen. Hagel will utilize his experience memorates the 50th anniversary of the Viet- United States, which are so important for and understanding of America’s military to nam War, it is fitting and proper that the both countries. Hagel is a true American Pa- lead this nation’s troops and the Department next Secretary of Defense should be a wound- triot and the support America gives Israel is of Defense.’’ ed and decorated veteran of that conflict— in America’s interest, so I am optimistic. If confirmed by the Senate, Hagel will be the first Vietnam veteran and the first en- Relative to Iran, this is what Senator listed man to hold this post. the first infantryman to serve as the Sec- Hagel has said about Iran: retary of Defense. He will replace current Sincerely, Secretary of Defense Leon Panetta, who has STEWART M. HICKEY, Iran poses a significant threat to the been in this position since 2011. Hagel’s expe- Executive Director. United States, our allies and partners, and rience ranges from serving in the Army dur- Mr. LEVIN. The first letter is a let- our interests in the region and globally. Iran ing the Vietnam War to representing Ne- continues to pursue an illicit nuclear pro- ter of 11 Ambassadors, including four gram that threatens to provoke a regional braska as a senator. former Ambassadors to Israel, in which About AMVETS: arms race and undermine the global non- A leader since 1944 in preserving the free- these Ambassadors say that Senator proliferation regime. Iran is one of the main doms secured by America’s armed forces, Hagel ‘‘has always supported the pil- state sponsors of terrorism and could spark AMVETS provides support for veterans and lars of American foreign policy—such conflict, including against U.S. personnel the active military in procuring their earned as a strong NATO and Atlantic part- and interests. entitlements, as well as community service nership; a commitment to the security He has also said that he is ‘‘fully and legislative reform that enhances the of Israel, as a friend and ally . . . ’’ committed to President Obama’s goal quality of life for this nation’s citizens and The second letter is from 13 former of preventing Iran from obtaining a nu- veterans alike. AMVETS is one of the largest Secretaries of Defense, State, and Na- clear weapon,’’ and he has said that congressionally-chartered veterans’ service organizations in the United States, and in- tional Security Advisers, including a ‘‘all options must be on the table to cludes members from each branch of the number of Republicans who served in achieve that goal.’’ He specifically said military, including the National Guard and Republican administrations. Part of that his policy will be that of the Reserves. their letter reads as follows: President’s policy—one of prevention To learn more, visit: www.amvets.org. His approach to national security and de- and not containment. bates about the use of American power is Relative to sequestration—and we CHUCK HAGEL WOULD MAKE AN OUTSTANDING marked by a disciplined habit of thoughtful- are facing sequestration—Senator SECRETARY OF DEFENSE ness that is sorely needed. Hagel has said the following, which is JANUARY 16, 2013. It also says: also what Secretary Panetta has said. Hon. CARL LEVIN, Chairman, Our extensive experience working with Sequestration, if allowed to occur, would damage our readiness, our people and our Hon. JAMES M. INHOFE, Senator Hagel over the years has left us con- Ranking Member, Committee on Armed Services, fident that he has the necessary background military families. It would result in the U.S. Senate, Russell Senate Office Building, to succeed in the job of leading the Depart- grounding of aircraft and returning ships to Washington, DC. ment of Defense. port, reducing the Department’s global pres- ence and ability to rapidly respond to con- DEAR CHAIRMAN LEVIN AND RANKING MEM- These, again, are 13 former Secre- tingencies. Vital training would be reduced BER INHOFE: While some of our organizations taries of Defense. cannot recommend whom the President by half of current plans and the Department Then there is a series of letters that would be unable to reset equipment from Af- should appoint to his cabinet, we believe came in from veterans organizations. that Senator Chuck Hagel would make an ghanistan in a timely manner. The Depart- outstanding Secretary of Defense, and is These are elegant pleas for Senator ment would reduce training and mainte- uniquely qualified to lead the men and Hagel to be confirmed. nance for nondeploying units and would be women of America’s Armed Forces. This is from the Non Commissioned forced to reduce procurement of vital weap- Chuck Hagel is a true patriot who volun- Officers Association of the United on systems and suffer the subsequent sched- teered to fight in the war of his generation States: ule delays and price increases. Civilian em- when he could easily have opted for a safe as- ployees would be furloughed. All these ef- Senator Hagel has championed personnel fects negatively impact long-term readiness signment. Twice wounded in the service of issues relating to combat dwell time, force our nation, this combat veteran knows first- as well. It would send a terrible signal to our protection, transition issues including elec- military and our civilian workforce, to those hand what it means to wear the uniform, tronic medical issues, preparation for future what it means when the nation sends its we hope to recruit, and to both our allies and employment and training . . . He also recog- adversaries around the world. young people to war, and the price that our nizes the value and sacrifice of families of Soldiers, Sailors, Airmen and Marines some- the men and women who serve in this Na- Mr. President, we must end this un- times pay in our defense. tion’s Uniformed Services. certainty about this position. It is time He has fought with and for our troops his for us to end this debate, and that is This is from AMVETS: entire adult life: as a 21-year-old infantry what we will be voting on now. Later sergeant in Vietnam; as the deputy head of AMVETS fully supports President Obama’s on there will be a vote on whether to the VA who pushed for Agent Orange Bene- nomination of Chuck Hagel for the future fits and for the Vietnam Veterans Memorial; Secretary of Defense. As a veterans service confirm Senator Hagel. The vote now is as the President of the USO; and as a U.S. organization, AMVETS’ main mission is to whether to bring this debate to an end. Senator who coauthored the Post–9/11 GI serve as an advocate for veterans, their fami- I hope we will do so and get on to the Bill. As Secretary of Defense he will be a lies and the community in which they live. I nomination vote.

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 26, 2013 CONGRESSIONAL RECORD — SENATE S833 I yield the floor, as I think it is noon Stabenow Udall (NM) Whitehouse a new role as chairman of the Defense Tester Warner Wyden and time for a vote. Thune Warren Appropriations Subcommittee. I never The PRESIDING OFFICER. The Sen- would have guessed 2 months before ator from Oklahoma. NAYS—27 that it was even in the realm of possi- Mr. INHOFE. Mr. President, let me Barrasso Heller Paul bility. Given this new role, I thought it Boozman Hoeven Portman just say everything has been said, not Coats Inhofe Risch was appropriate and worthwhile during everyone has said it. However, I would Cornyn Isakson Roberts the recent recess to take a firsthand like to make sure everyone under- Crapo Johnson (WI) Rubio look at some of what our military is Cruz Kirk Scott doing in an often overlooked part of stands the actual statements were Enzi Lee Toomey made by the former Senator Hagel in Fischer McConnell Vitter the world—Africa—and in the nearby terms of the relationship of our coun- Grassley Moran Wicker gulf. try with Israel and Iran prior to the NOT VOTING—2 Before I go any further, let me note how impressed I always am on these time he was nominated because many Lautenberg Udall (CO) of those statements were changed at trips that no matter where we go in that time. The PRESIDING OFFICER. On this any corner of the world, there is an I encourage a ‘‘no’’ vote. vote, the yeas are 71 and the nays are outpost of America’s finest—our diplo- The PRESIDING OFFICER. All time 27. Upon reconsideration, three-fifths matic personnel serving on the front has expired. of the Senators duly chosen and sworn lines and representing the best of our having voted in the affirmative, the values. They are often joined by Amer- CLOTURE MOTION motion is agreed to. Under the previous order, the clerk ican development and military per- The majority leader. sonnel, helping to improve the lives of will report the motion to invoke clo- Mr. REID. Madam President, I ask ture. host nation populations, providing unanimous consent that following the training and security in the area. The bill clerk read as follows: recess for the weekly party con- I want to thank all of the Ambas- CLOTURE MOTION ferences, the time until 4:30 p.m. be sadors, their staff, and others who We, the undersigned Senators, in accord- equally divided in the usual form and made great personal sacrifice to make ance with the provisions of rule XXII of the that at 4:30 p.m. all postcloture time be my recent short, quick visit a great Standing Rules of the Senate, hereby move yielded back and the Senate proceed to success. to bring to a close debate on the nomination vote on the nomination of Chuck My first stop last week was Uganda— of Charles Timothy Hagel, of Nebraska, to be Hagel, without intervening action or Secretary of Defense. a good friend of the United States lo- Harry Reid, Patrick J. Leahy, Sheldon debate; the motion to reconsider be cated in a difficult neighborhood of Whitehouse, Barbara Boxer, Al considered made and laid upon the central Africa. Many know that Ugan- Franken, Christopher A. Coons, Jack table, with no intervening action or de- da was recognized around the world for Reed, Carl Levin, Kirsten E. Gillibrand, bate; that no further motions be in its early efforts to stem the spread of Claire McCaskill, Robert P. Casey, Jr., order; that President Obama be imme- AIDS at a time when many other Afri- Richard Blumenthal, Tom Harkin, diately notified of the Senate’s action, can nations were in complete denial. Dianne Feinstein, Bill Nelson, Jeanne and the Senate then resume legislative Shaheen, Sherrod Brown. Some of that progress has waned over session. the years, but there has been a renewed The PRESIDING OFFICER. By unan- The PRESIDING OFFICER. Is there effort to rebuild on earlier success. imous consent, the mandatory quorum objection? Uganda is also helping to lead nego- call has been waived. Without objection, it is so ordered. tiations with various factions involved The question is, Is it the sense of the f in the violence in eastern Congo, also Senate that debate on the nomination RECESS known as the rape capital of the world. of Charles Timothy Hagel, of Nebraska, Last year, the armed rebel group M23 to be Secretary of Defense shall be The PRESIDING OFFICER. Under overran key parts of this eastern brought to a close on reconsideration? the previous order, the Senate stands Congo, bringing further human suf- The yeas and nays are mandatory in recess until 2:15 p.m. fering to an already scarred part of Af- under the rule. Thereupon, the Senate, at 12:37 p.m., rica. I want to acknowledge the con- The clerk will call the roll. recessed until 2:15 p.m. and reassem- structive role Uganda has played in The bill clerk called the roll. bled when called to order by the Pre- moving these talks forward. Mr. DURBIN. I announce that the siding Officer (Ms. BALDWIN). Uganda is also home—originally—to Senator from New Jersey (Mr. LAUTEN- f the horrific actions of the Lord’s Re- BERG) and the Senator from Colorado NOMINATION OF CHARLES TIM- sistance Army, an army group led by a (Mr. UDALL) are necessarily absent. OTHY HAGEL TO BE SECRETARY messianic and violent warlord named The PRESIDING OFFICER (Ms. OF DEFENSE—Continued Joseph Kony. Kony and the LRA’s bru- HEITKAMP). Are there any oher Sen- tality were once again in the spotlight ators in the Chamber desiring to vote? The PRESIDING OFFICER. Under last year when the group Invisible Chil- The yeas and nays resulted—yeas 71, the previous order, the time until 4:30 dren launched an online video detailing nays 27, as follows: p.m. will be equally divided in the more than 20 years of brutal LRA vio- [Rollcall Vote No. 23 Ex.] usual form. lence, including murder, rape, kidnap- The Senator from Illinois. YEAS—71 ping, and the dragooning of child sol- TRIP TO UGANDA, DJIBOUTI, AND BAHRAIN Alexander Cowan Levin diers. To date, this video has had al- Ayotte Donnelly Manchin Mr. DURBIN. Madam President, as most 100 million viewers. Baldwin Durbin McCain everyone in the Senate knows, and peo- In Uganda, I had the chance to meet Baucus Feinstein McCaskill ple across the United States, with the with two impressive people who were Begich Flake Menendez Bennet Franken Merkley sad passing of Senator Daniel Inouye in victims of the Lord’s Resistance Army. Blumenthal Gillibrand Mikulski December, there were a number of They witnessed some horrific acts. Blunt Graham Murkowski changes that were made in the Senate One young man met with us at the Boxer Hagan Murphy Appropriations Committee—a com- Ambassador’s residence. This Lord’s Brown Harkin Murray Burr Hatch Nelson mittee which Senator Inouye skillfully Resistance Army invaded his village, Cantwell Heinrich Pryor chaired until his passing. He also dragged all the young men out, put Cardin Heitkamp Reed chaired the Defense Appropriations them in a circle, and said: You are Carper Hirono Reid Casey Johanns Rockefeller Subcommittee and served our Nation about to become soldiers in the army. Chambliss Johnson (SD) Sanders with the kind of leadership that only a Before you become soldiers, though, Coburn Kaine Schatz person with his distinguished military you will be asked to kill your family. Cochran King Schumer service could give. Many of them could not believe it. Collins Klobuchar Sessions Coons Landrieu Shaheen With this unfortunate change of This young man said he was praying Corker Leahy Shelby events, I found myself unexpectedly in they would spare his father. They

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S834 CONGRESSIONAL RECORD — SENATE February 26, 2013 brought his father in front of him and will substantially erode. I hope ulti- forces, the dynamic forces behind the murdered him, as the child looked on. mately common sense will prevail and Arab Spring in many parts of the Mid- Then he was brought into service for 6 the Ugandan Parliament will not pass dle East and northern Africa are at months, roaming through the jungles, this terrible legislation. least evident in many of these other fighting on behalf of this Lord’s Resist- While few have ever heard of a small, countries that haven’t been touched ance Army, until there was an oppor- hardscrabble country in the Horn of Af- yet by that change. tunity for him to escape. He has turned rica called Djibouti, it is one of the Lastly, I had the opportunity to visit his life around. It is hard to imagine most strategic pieces of real estate in the small gulf nation of Bahrain. It has anyone could after those horrible expe- the world. Tens of thousands of ships been one of the more open and forward- riences, but he has. pass through the nearby shipping lanes thinking countries in the gulf region. Next to him was Lilly, a beautiful every year. Over 30,000 vessels, 40 per- It is also a close U.S. ally, home to the young woman. She too was kidnapped cent of all the ocean traffic in the U.S. Fifth Fleet and located in yet an- by the Lord’s Resistance Army and world, passes this point. The country is other difficult neighborhood bordering forced into unspeakable things for the surrounded by violence and instability, Iran, just across the straits. time she was under their control, until including Yemen, just 17 miles away, Bahrain has been a generous host to she too escaped. and Somalia, their next-door neigh- our Fifth Fleet. Anyone who looked at The good news in both of those sto- bors. the map or followed tensions with Iran ries is they have made a life since then, We are fortunate, therefore, to have knows the importance of such a naval and they have tried to help others who Camp Lemonnier located in Djibouti. force in this part of the world. These have been victimized by this kind of It is a significant U.S. military base dedicated sailors help keep shipping kidnapping. These horrible things are helping to bring security and stability lanes open and ensure that Iran does occurring in Africa, and we have de- to a difficult neighborhood. It is not an not threaten its neighbors or U.S. in- cided to help. With the Ugandans, we easy location to do business. In the terests. Their presence alone is likely are working to put Joseph Kony and summer, temperatures reach 120 de- to make Iran think twice about reck- the Lord’s Resistance Army out of grees. There is not a tree in sight in less moves in the Persian Gulf. business. We have pushed them out of Djibouti. The country is extremely Let me say a word about the Navy. I Uganda. We now believe they are in the poor and opportunities for recreation guess I am partial because my two late Central African Republic. and escape are almost nonexistent. brothers both served in the Navy dur- In 2010, Congress passed a bill led by These American service men and ing the Korean war. When I get a a former colleague and great champion women are to be thanked for their chance to go aboard ships, I visualize of Africa, a friend and former colleague dedication and long tours away from my older brothers and what life must of the Presiding Officer, Senator Russ family and friends. They are playing an have been like in those days. When I Feingold of Wisconsin, called the important role in bringing greater se- went out with ADM John Miller to Lord’s Resistance Army Disarmament curity to the region and helping to dra- visit some of the ships in the fleet, I and Northern Uganda Recovery Act of matically reduce the scourge of piracy met some of the finest young men and 2009, an important step forward—and it that has so dramatically impacted the women you could ever ask for. Most of was. I was proud to cosponsor the bill. waters in recent years. them trained in Illinois at the Great As a result, last year, President USAID also has a major humani- Lakes Naval Training Station and now Obama—because of the Feingold legis- tarian distribution warehouse in were off serving in the U.S. Navy lation—sent 100 U.S. military per- Djibouti in which emergency food aid around the world. sonnel to help the Ugandan Army can be shipped quickly and efficiently No one, unless they have some expe- track down and bring an end to the throughout the region as far as Ban- rience and knowledge of the subject, Lord’s Resistance Army menace. gladesh. could understand the enormity of the I met in the bush with our military Even in faraway Djibouti, there was responsibility which these men and in Uganda that was following up on a woman from Illinois helping with women in the Navy have. We often hear this Feingold legislation. I can’t tell this effort. I wish to recognize her about the heroic efforts of those who you what a remarkable job they are work for a moment on the floor. Her were in the Army, Marine Corps, and doing under very difficult cir- name is Christine Karpinski. She is Air Force—and I certainly don’t want cumstances. from Chicago, and she is part of this to take anything away from them—but The LRA is on the run. Defections USAID effort to save the lives of the the important lifesaving peacekeeping are increasing and formerly terrorized most vulnerable people in the world. jobs being done by the U.S. Navy, par- communities are starting to live with- Let me also note Djibouti had elec- ticularly the Fifth Fleet that I visited, out fear. There is still more to be done, tions last weekend, elections the oppo- cannot be overstated. but I was impressed and proud of how sition is claiming were fraudulent. I Bahrain, incidentally, is going the United States stepped up and is wasn’t there as an election observer, through its own domestic difficulties. doing something that will be remem- but certainly Djibouti can do more to It experienced its own Arab Spring in bered for generations by the Ugandan open its political system. It took some early 2011, one that started with a people. notable steps with the current election, peaceful protest calling for a more Let me also take a moment to men- and I hope the postelection process can open political process. That process un- tion another issue in Uganda. There is move forward in a peaceful manner. I fortunately broke down and many dem- a proposed law pending before the Par- also hope the Djibouti Government and onstrators were killed or jailed. Others, liament in Uganda that would literally other foreign powers which have sig- sadly, were tortured. criminalize homosexuality, in some nificant footprints there will do more The Government of Bahrain did what cases even imposing the death penalty. to help its own people out of poverty. few other countries in the region would This is a cruel piece of legislation that What I saw there in terms of under- be willing or brave enough to do. They has been met by global condemnation development, particularly given the created an outside commission to look and concern. I met with the activists in sizable sums being paid by foreign gov- into many issues around the uprising. Uganda who fear for their personal ernments for base leases and a popu- A blunt and sober report was issued, safety if this bill becomes law, a fear lation of less than 1 million people, and it is my hope the Government of that I believe, unfortunately, is war- simply didn’t add up. We and the Gov- Bahrain will abide by many of its rec- ranted. ernment of Djibouti have a responsi- ommendations. At the same time, I I and others have appealed to the bility to do more for the people who hope the opposition will seriously ex- Ugandan Government not to tarnish its live there, especially the next genera- plore the latest attempt at dialog of- international reputation and impose tion of young people. fered by the government as a means to criminal penalties against people sim- In Uganda, Djibouti, and so many address the current political impasse. ply because of their sexual orientation. countries in that region, we will find 50 Bahrain has so much promise and can Uganda must continue to be a leader in percent of the population under the age continue to be one of the shining lights the region, something this legislation of 15. It is a reminder to us that the of the gulf. Both sides must renounce

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 26, 2013 CONGRESSIONAL RECORD — SENATE S835 violence and work toward a peaceful SYRIA Syrian refugees. We also had a chance political solution. Mr. CARDIN. Madam President, I to meet with the opposition leaders Let me also note an overarching have the honor of being the chair of the who were in that camp, as well as later theme noted on this trip, one I men- U.S. Helsinki Commission representing when we were in Istanbul meeting with tioned before on the Senate floor, the this body. This is a commission which the opposition leaders from Syria. role of China. Everywhere we went we was established in 1975 in order to im- I mention that all because the hu- heard time and again how China is ev- plement the U.S. responsibilities in the manitarian crisis is continuing in the erywhere, often at the exclusion of Organization for Security and Coopera- country of Syria. The Assad regime is American businesses, investment, and tion in Europe. Its membership in- turning on its own people. Over 70,000 influence. This pattern costs us not cludes all the countries of Europe, as have been killed since the Arab Spring only lost jobs but lost diplomatic and well as the former Republics of the So- started in Syria. While we were there, security engagement. viet Union, Canada, and the United the Assad regime used scud missiles That is why, last year, Senator BOOZ- States. against its own people, again killing MAN and I introduced a bill to create a The main principles of Helsinki are Syrians and killing a lot of innocent coordinated U.S. strategy to boost U.S. we are interested in each other’s secu- people in the process. This is a humani- exports to Africa and in turn foster rity. In order to have a secure nation, tarian disaster. American jobs. This bipartisan bill you need to have a nation that respects I wish to mention one bright spot, if cleared the Foreign Relations, Banking the human rights of its citizens, which I might. We had a chance to visit the and Finance Committees only to be provides economic opportunity for its camps, I said, in Kilis, on the border of held up at the last minute at the end of citizens, as well as the defense of their Syria and Turkey, in Turkey. We had a chance to see firsthand how the Syrian the year by Senator TOOMEY of Penn- borders. We also have partners for co- sylvania. To his credit, he didn’t do it operation, particularly in the Medi- refugees are being handled by the in a secret manner; he came to the terranean area, that used the Helsinki Turkish Government. I want to tell floor and objected. principles in order to try to advance se- you, they are doing a superb job. I Although I disagreed with him, I re- curity in their region. think it is a model way to handle a sit- spected him for the fact that he stated During this past recess, I took the uation such as this. They have an open his point of view. I would like to sit opportunity to visit that region on be- border. The border area at that point is con- down with him again and any others half of the U.S. Helsinki Commission. I trolled by the Syrian freedom fighters. who are skeptics about this legislation was joined by several of our colleagues They control that area. The Turks al- and let them know what I saw on this looking at the current security issues. lowed the Syrians to come in and find trip. Delaying the passing of this legis- Our first visit was to Israel, and our main focus, quite frankly, was on a safe haven. The Turkish Government lation costs us more than lost influ- has built housing for the refugees in ence on the continent and jobs here at Syria—what is happening today in Syria. the camp. We had a chance to see their home. children in schools. They are attending It is going to be a squandered oppor- In Israel, we had a chance to meet with the Israeli officials, and it was in- schools. They are getting proper food tunity. Think about this. In the last 10 and proper medical attention. They years, the six fastest growing econo- teresting as to how many brought up the concerns about Syria. They were have the opportunity to travel where mies in the world were in Africa. In the they want in Turkey, freedom of move- next 10 years, 8 of the top 10 will be in concerned about Syria’s impact on Israel’s neighbors and what was going ment. They have the opportunity to go Africa. Where are we? We are playing a to happen as far as security in that re- back to Syria if they want to go back distant second fiddle to China. to Syria. The Turkish authorities are What does that mean for the future? gion. While we were there, there was an providing them with a safe haven and It isn’t very encouraging. It is time for episode on the Syrian-Israeli border, adequate help. They are doing this pri- us to step forward and show real Amer- and the Israelis provided health care to marily with their own resources. ican leadership in this area. I appeal to those who were injured, providing hu- There is one other thing we observed those who have opposed this Africa manitarian assistance. We thank the when we were in this camp on the bor- trade bill, which Senator BOOZMAN and Israelis for providing that humani- der. We had a chance to meet with the I have sponsored, to take a second look tarian assistance. elected representatives of the refugees and reconsider their position. It was interesting that the Israeli of- in Kilis. They actually had an election. It was an honor to visit our dedicated ficials pointed out the concern about They don’t have that opportunity in diplomatic, development, and military the refugees who are leaving Syria Syria. They are learning how to cast personnel. It was a reminder of the im- going into neighboring countries. We their votes. They are learning what de- portance of indispensable contributions know the vast numbers. There are al- mocracy is about. They are learning to U.S. policy they still play around most 1 million Syrians who have left what representation is about. We had a the world in improving lives and ensur- Syria for other countries because of chance to talk to these representatives ing security. These investments abroad the humanitarian concerns. About one- about the circumstances in Syria and are not only symbols of American gen- quarter of a million have gone to Jor- what we could do to help. erosity and values, they make the dan, about 280,000 are in Lebanon, First, I want to point out there is world safer for everyone. We should about 281,000 in Turkey, another 90,000 still a tremendous need for the inter- keep this in mind when we consider in Iraq, and 16,000 in Egypt. national community to contribute to America’s foreign assistance budget, Israel is concerned about the security the humanitarian needs of those who one that includes maintaining all our of its neighbors and concerned about are affected in Syria. There are ap- embassies around the world, is just how Jordan is dealing with the prob- proximately 4 million Syrians in need over 1 percent of the total U.S. budget. lems of the Syrian refugees, how Leb- of humanitarian assistance. There are I yield the floor. anon is handling them. We note the 21⁄2 million internally displaced people I ask unanimous consent any remain- concerns about Hezbollah operations in within Syria. The United States has ing time between now and 4:30 be Lebanon and how that is being handled taken the lead as far as humanitarian equally divided and that time which is with the Syrian refugee issue. aid, having provided $384 million. Other in quorum calls be equally divided be- We had a chance to travel to Turkey countries have stepped up but, quite tween those supporting and opposing when we left Israel. We met first with frankly, more needs to be done. the vote at 4:30. the Turkish officials in Ankara, and we In talking with the opposition lead- The PRESIDING OFFICER. Without received their account as to what was ers—and we had a chance to talk to objection, it is so ordered. happening in Syria and what Turkey them in depth when we were in Mr. CARDIN. Madam President, I ask was doing about it. We then had a Istanbul—they expressed to us a sense unanimous consent to speak as in chance to visit the border area between of frustration that there hasn’t been a morning business. Turkey and Syria. better, more unified international re- The PRESIDING OFFICER. Without We visited a refugee camp named sponse to the actions of the Assad re- objection, it is so ordered. Kilis, where there has been about 18,000 gime—to what the Assad regime has

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S836 CONGRESSIONAL RECORD — SENATE February 26, 2013 done to its own people—and to get returned from my seventh trip in the order to reduce the Arab population Assad out of Syria. Quite frankly, they last decade. This was a trip where re- American donations of polio vaccine understand—or, as we explained—some markable things were observed hap- would in fact cause them to be impo- countries might be willing to provide a pening all over the continent in terms tent when they grew up. That is the certain type of help; other countries of AIDS infection being reduced, moth- farthest thing from the truth, but it is may not. The United States has pro- er-to-child transmission being in fact a wives’ tale being told to eliminate or vided nonlethal help, other countries eliminated in many cases, and seeing keep vaccinations from getting to the are providing weapons, still other that the biggest challenge today for people who need them. In the country countries training. But we need to co- those who fall victim to AIDS is not of Pakistan, since December 12, there ordinate that. The absence of coordina- that they will die soon but that they have been five attacks on workers dis- tion provides a void in which extreme will have the continuum of care nec- tributing vaccines trying to eliminate elements are more likely to get into essary to see to it they live a normal polio in Pakistan. the opposition, and that is something lifestyle with the antiretrovirals pro- So as we celebrate the victories in we all want to make sure doesn’t hap- vided by PEPFAR. terms of HIV/AIDS, polio, malaria, and pen. It is important that the American other diseases, we have to also recog- The message I took back from those taxpayers, the American people, those nize there is still ignorance in some meetings is that the United States of us in Congress recognize what has parts of the world that is prohibiting needs to be in the lead in coordinating been achieved in the last decade, for people who will ultimately get sick and the efforts of the opposition. We made our taxpayers have invested billions of die from getting the vaccines necessary it clear, and I think the international dollars on the continent of Africa to to keep from contracting these dif- community has made it clear, that begin the process of trying to eliminate ficult diseases. So I come to the floor Assad must go, and he should go to The AIDS. We cannot yet declare victory, today to recognize the great achieve- Hague and be held accountable for his but we can declare great victories in ment of the American people in the war crimes. He has no legitimacy to re- battles along the way, and we are mak- war against AIDS on the continent of main in power in Syria. That has been ing more and more of them along the Africa, and the creation of PEPFAR by made clear and we underscored that way. Males are getting tested, females George W. Bush, but also to send out a point again. We also underscored the are getting tested, as they should, and warning to those trying to prohibit the point there is no justification for any mothers are getting the care they need vaccinations and the antiretrovirals country—any country—providing as- with antiretrovirals during their preg- from getting to the people who need sistance to the Assad regime on the nancies to prevent the transmission to them in Nigeria, Pakistan, and Afghan- military side. As we know, Russia and their babies, and we are seeing a con- istan. Because one day we want a gen- Iran have provided help. That is wrong. tinuation of the progress of the great eration free of HIV/AIDS and disease That is only adding to the problems program started 10 years ago by this and giving strength to a person who not just on the continent of North Congress, by President Bush, and by America or the continent of Africa but has turned on his own people. But then the American people. we also need to coordinate our atten- around the world. We are beginning to send the mes- It is a tribute to the American med- tions so we can provide the help they sage, and we need to let the African need and the confidence they are look- ical community, the researchers and countries know, that we will be scaling developers, the American people, and ing for so they will have the necessary down our investment and raising their training not only to reclaim their this Congress that the war on AIDS is participation at the government level. still being engaged, and we are declar- country but then to rule their country It is important to see to it that in a democratic way that respects the ing victory after victory on the battle- PEPFAR remains a viable program. In field. One day we hope we will have a rights of all of its citizens. our visit of the past 7, 8, now 9 days, I As the Chair of the Helsinki Commis- generation free of AIDS not just in guess it was, we visited the Congo, we sion, I pointed that out to the Syrian America but around the world. visited Mali, Senegal, Morocco, and we opposition, that we want to provide the I yield the floor, and I suggest the ab- visited South Africa. In each and every help so they can rule their country one sence of a quorum. country they are beginning the process day—we hope sooner rather than The PRESIDING OFFICER. The of having more and more of their later—in a way that respects the rights clerk will call the roll. health professionals taking more and of all of its citizens and provides eco- The legislative clerk proceeded to more of the responsibility of caring for nomic opportunity for its citizens, for call the roll. people, testing people, and distributing that is the only way they will have a Ms. MIKULSKI. Madam President, I nation that respects the security of its the antiretrovirals, which lessens the ask unanimous consent that the order country. pressure on the budget of the United for the quorum call be rescinded. That was the message we delivered, States of America. But I think it is im- The PRESIDING OFFICER. Without and I hope the United States will join portant to recognize that a disease we objection, it is so ordered. other countries in a more concerted ef- feared was going to take much of the Ms. MIKULSKI. Madam President, fort to get Assad out of Syria. As I population of that continent—and ours, what is the pending business before the said, I think he should be at The Hague for that matter—10 years ago is now a Senate? and held accountable for his war disease that is being managed and The PRESIDING OFFICER. The Sen- crimes and held accountable for not al- being reduced, and over time, we hope, ate is considering the Hagel nomina- lowing the people of Syria to have a we will have a generation free of HIV/ tion. democratic regime. AIDS not only in America but around Ms. MIKULSKI. Mr. President, I ask With that, Madam President, I yield the world. unanimous consent that I may speak the floor. There is a troubling event happening as if in morning business for approxi- The PRESIDING OFFICER. The Sen- on the continent of Africa and in Asia, mately 10 minutes. ator from Georgia. and that is there are those who are The PRESIDING OFFICER (Mr. TENTH ANNIVERSARY OF PEPFAR taking the volunteers who come from MANCHIN). Without objection, it is so Mr. ISAKSON. Madam President, I our country and other organizations ordered. rise today, in this year of 2013, on the and actually stopping them from giv- The Senator from Maryland. tenth anniversary of the State of the ing inoculations and vaccinations to SEQUESTRATION Union Address given by President the people. Pakistan, Afghanistan, and Ms. MIKULSKI. Mr. President, I was George W. Bush when he introduced a Nigeria are the last three countries on so excited when I came in because I program known as PEPFAR—the Earth where polio still exists. A few have a new desk in the Senate. With se- President’s Emergency Program for weeks ago, in the Congo, in Nigeria, niority, I have now moved to the row AIDS Relief—a program that has had nine workers were killed trying to give where giants in our institution once remarkable success in the last decade. vaccinations to children in Nigeria be- stood. This is the particular seat which A lot of that success has taken place cause Islamic leaders in those coun- just a few weeks ago was held by John on the continent of Africa, where I just tries had tried to tell them that in Kerry.

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 26, 2013 CONGRESSIONAL RECORD — SENATE S837 Although my desk location is new, I Prize winners and also people who the Hopkins personnel, with financial come to the floor with what seems to work every day to help create the jobs help from the VA to do the kind of re- be a persistent pattern in the Senate today and the jobs tomorrow. search to make sure that not only the and in the Congress, which is that I have the honor of representing surgery was a success but also that the when faced with big problems that af- 130,000 Federal employees. autoimmune suppression was also. fect the fate of the Nation, let’s delay, They say: Wow, how many of them This is what the American people let’s blame, and let’s not get to the can we get rid of? want us to do to not only help that vet- work the American people elected us to Well, why would we want to get rid of eran, but what we learn through the do. the people who work at the Social Se- VA will also then move into civilian I rise today to speak about seques- curity Administration? These are the clinical practice. ter—something that was never, ever people who calculate the eligibility for We have to come up with a solution meant to happen. It came out of the the benefits in regular Social Security where government is doing the job to dark days of the debt ceiling debacle in and in disability. help the American people with compel- the summer of 2011 when we were fac- Why would we want to get rid of any- ling human needs or America is doing ing a downgrade of the U.S. economy body who works for the Food and Drug the job that enables other people to and a dysfunction of the Congress. In Administration, people who every day keep their jobs or protect their liveli- order to get us to the table, we came are analyzing clinical trials to see if hoods—for example, weather. People up with an agreement to have a super- they can be moved to pharmaceutical watch the Weather Channel and say: committee that would meet on both or biotech or medical device produc- Isn’t that Cantore great? I love sides of the dome to come up with how tion, ensuring that when they come out Cantore. We even tweet each other we could begin to solve the serious fis- into clinical practice, they are safe, from time to time. But Jim Cantore cal issues facing the United States of they have efficacy, they can be taken and the Weather Channel get a lot of America. by the American people, and we can ex- their information from the National There was an insistence, yes, by one port them around the world? Why Oceanic and Atmospheric Administra- side of the aisle that we have a trigger. would we want to get rid of anybody at tion. That is the agency in Maryland And, yes, the President looked back on FDA who is helping make sure our that runs the weather forecast for all history. drug supply is safe? of America, predicting hurricanes, tor- What we have now is a situation How about the food inspectors? Right nadoes, and it also ties up with the where we said what we would propose now, one of the turbo engines of my global weather prediction system that as a trigger if we didn’t get our act to- Eastern Shore economy is seafood pro- protects our ships at sea—civilian, gether, which we have not. We would duction and poultry production. You cargo, military—as well as whether air- put into place something so serious, so can’t have poultry production unless lines can fly or not. Draconian, so unthinkable, so unwork- you have food inspectors. When we When we look at our legislation we able that we would solve the problems start laying off or furloughing food in- have to know that there are real con- through regular order and find that spectors, it is going to affect those pri- sequences to those employees. The sensible center Colin Powell has so vate sector jobs. If you don’t have an numbers sound like a lot, but their often talked about. Well, the super- inspector, you are not going to be able contribution to saving lives and saving committee collapsed—not because to have those companies working with livelihoods is enormous. there weren’t the great efforts of peo- the same level of production. Then we look at compelling human ple such as Senators MURRAY and DUR- Hundreds of thousands more work be- need. Do the American people really BIN and Members over at the House, cause of the Federal Government, want to protect people not paying such as Maryland’s very own CHRIS iconic contractors, particularly in de- taxes on their second million over Head VAN HOLLEN. fense and also at NASA Goddard, which Start? If the sequester goes into effect, Then we were faced with New Year’s is our space science center. Yes, there we are going to have a terrible effect Eve. We had put it off to New Year’s are 3,000 civil servants, but there are on special education. Special education Eve and after the election, and here we also thousands of contractors. And teachers would be affected, and it were—while people were wearing funny what are they facing? Layoffs, fur- would be an across-the-board cut in hats all over America, we were doing loughs, pay cuts, and lousy morale. education. The same with title I. Mary- funny things. And what did we do What are they worried about? Their fu- land would lose over $14 million. again? We put off sequester for 2 ture. And they wonder whether they Federal law enforcement is some- months—again not solving the prob- should give us another future. Make no thing I know you are very keenly in- lem. Well, now we have a rendezvous. On mistake; we are not only going to hurt terested in, Mr. President. If the se- March 1, sequester will happen. our economy, but there is an anti-in- quester goes into effect, it is going to I am opposed to sequester. I think it cumbent fever developing around the affect over 1,000 Federal agents—at the is bad policy for our country. It will country. FBI, at the Drug Enforcement Agency, hurt our economy. It will exacerbate Now, as we look at solving the prob- at the Marshals Service. We don’t the fragile job situation we have. It lems, there are those who want to pro- know much about our Marshals Serv- will affect not only government em- tect lavish tax breaks or tax earmarks ice. They are so quiet and efficient. Do ployees but those who work in private for a few. I want to stand up here for you know what they do? They protect sector jobs because of the Federal Gov- the many, not only the people who are our judges at the Federal courthouses. ernment. multimillionaires or billionaires who You remember some got shot or I support what was originally in- can take a tax deduction on their cor- wounded. It also serves warrants for tended: a balanced approach that would porate jets. I am for the people who are runaway fugitives, and it also enforces look at increased revenues—particu- working every day right now to find a the law on sexual predators in our larly plugging up tax loopholes, par- cure for Alzheimer’s, to find a cure for country. Do we really want to furlough ticularly getting rid of tax-break ear- autism, to find a cure for AIDS, to find these men and women? I don’t think marks—along with strategic cuts in help a cure for the arthritic, and most so. spending and a review of mandatory recently not only what is done by gov- Then there is the FBI. The FBI is spending to see how else we could get ernment but even what is done in pri- crucial not only in mortgage fraud, fi- more value for our dollar. vate institutions. Within the last few nancial fraud, but now the world of I am going to speak tomorrow about weeks at Johns Hopkins University, cyber. Do you know, last year in Amer- the impact on science, technology, in- under Federal help from the Veterans’ ica there were 300 bank robberies? That novation, and jobs. Today I want to Administration, on an American war is a terrible number if you are one of speak about my own beloved State of veteran from Iraq who had lost both those banks. But there were thousands Maryland and the people who work arms, Hopkins was able to perform sur- of attacks by cyber on our American fi- there. gery that did the first successful arm nancial institutions, of which the FBI Maryland is home not only to the transplant. Doesn’t that bring tears? was prime time. Do we really want to Super Bowl champions but to Nobel That happened because of the genius of lay them off? No, I don’t think so.

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S838 CONGRESSIONAL RECORD — SENATE February 26, 2013 There is another issue of safety, and dent, I want you to realize if in fact stand up, let’s be counted, let’s have a that goes to aviation safety. I am deep- people begin to lose their jobs or get vote on Thursday. I do hope the Demo- ly concerned about the cut in air traf- furloughed and lose a big part of their cratic alternative prevails. fic control with furloughs, layoffs, or income, they are not going to be spend- I yield the floor. asking even fewer to work longer ing money in the local economy, the The PRESIDING OFFICER. The Sen- hours. We cannot have it. real economy. It also means they will ator from California. When we think about law enforce- not be giving to their charitable orga- Mrs. BOXER. Mr. President, fol- ment, it also cuts Border Patrol. I am nizations. It is regrettable, but if you lowing my remarks I ask unanimous for comprehensive immigration reform, have less money to spend and you save consent that the Senator from Arkan- but I am also for protecting American it somewhere for your family, you are sas, Mr. PRYOR, be recognized. borders. We now have 57,000 border con- not going to be giving to the United The PRESIDING OFFICER. Without trol agents, a surprising number. If the Way, to that great Federal campaign. objection, it is so ordered. sequester goes in, we could be forced to The lab assistant at NIH who is fac- Mrs. BOXER. Mr. President, before lay off or furlough 5,000 of them. Do ing losing her job is not going to give Senator MIKULSKI, the chair of the Ap- you know what a furlough is? It says to to her favorite charity. The customs propriations Committee, leaves the someone who is going to be out there official at Thurgood Marshall Airport floor, I want to thank her for her very in the desert facing those who engage is not going to have the same dispos- hard work along with several col- in the illegal traffic of people, guns, or able income to make sure they give leagues putting together a plan that is drugs: While you are out there in that again to the United Way. a commonsense plan to avoid this se- hot Sun, you are in harm’s way, put- We have to stop sequester. Thursday quester, these automatic, senseless ting your life in danger, we are going I will be joining with my colleagues, spending cuts. It was not easy to do, to ask you only to work 4 days a week, my Democratic colleagues. We have a but I think they figured out a way to and we are going to furlough you one- plan. Our plan is simple and straight- pay for it, as she described, called the fifth of the time. To that border con- forward: We come up with $86 billion. Buffett rule, which basically says to a trol agent being furloughed, that is a Half of that is in revenue. What does multimillionaire: We think it is only 20-percent cut. that mean? It means we come up with fair that you pay the same effective I will say this: If the Federal employ- money for the Buffett rule. It was ar- tax rate as your secretary. ees are going to take a 20-percent cut gued by Warren Buffett when he said If you were to ask anyone on the and be furloughed, we should take a 20- he should pay the same rate of taxes as street, any party—Republican, Demo- percent cut. I think I should be treated his secretary. cratic—if they think that is the right like my Social Security employees, What that means is that on his sec- way to go, I am convinced 90 percent of like my NIH employees working for ond million—not his first; we believe in the people would say: Of course. I cures, like FDA, the food inspectors, entrepreneurship, the job creators, et thank her. I know Senator Inouye is the people inspecting cargo coming cetera. But on his second million he looking down and smiling because his into the Port of Baltimore or looking will pay the same rate as somebody successor, Senator MIKULSKI, is doing for illegal cargo coming into our air- who makes $55,000 a year. such a great job already. ports. If they take a hit we should take The other is we want to close a loop- I rise as a Senator from California. a hit, and I look forward to moving on hole sending jobs overseas. For too Senator FEINSTEIN and I represent 38 that legislation. long we have rewarded exporting jobs million people. Anything that happens I hope we do not get to that point— while we should have a Tax Code that around here comes down very hard on not for me to protect my pay, but to rewards export of products, whether it our State—or if it is a good thing, it is protect their future; to say, America, is that great pharmaceutical industry very good for our State. What we are we believe in what you are doing, and or art, protecting intellectual prop- facing is not a good thing, the seques- we want to protect you so you can do erty, and so on. ter. It is a self-inflicted wound that your job for America instead of pro- We have come up with that, and then will harm our economy. tecting all these breaks for billion- we have a cut in the farm subsidy pro- I have to say, when I listened to aires. Speaker BOEHNER over there—he is re- People can say: Didn’t we do the tax gram where we will no longer pay peo- ple not to plant. That will be about $27 fusing to do anything about it. He says, break thing New Year’s Eve with BIDEN billion. Then, yes, we do cut defense, and I will not quote him because it and MCCONNELL? Yes. It was a non- would be language not acceptable, but payment, but there are lots and lots of but that doesn’t trigger until 2015 when he basically said in the press, and it is very juicy loopholes or tax breaks—tax our troops are home from Afghanistan. written there—I urge everyone to see breaks for sending jobs overseas, tax We never want to, through our budget breaks for reductions on corporate jets. problems, put our troops into harm’s it—that the Senators ought to get off Do we need those? Those are really way. their ‘‘blank’’ and get to work and get earmarks. A tax earmark goes to peo- I wanted to share what is going to something done. ple in a particular class, and it lasts in- happen. In my State we represent I am proud to say we have an alter- definitely. While we are waiting for many great Federal iconic agencies native to the sequester. Senator MI- comprehensive tax reform, let’s go that moved to Maryland in the early KULSKI laid it out. I believe we have a after some of these and come up with a 1930s, 1940s, and 1950s when real estate majority vote in this Senate for that balanced approach for revenue. was so high in Washington, DC. I am so plan. Mr. President, I know you were a proud of them. They win the Nobel I hope our colleagues will not fili- Governor so you know about bond rat- prizes. They help us win the markets. buster. Let’s have that up-or-down vote ings. In my State of Maryland and my They are coming up with the new because when you are looking at job large counties, they are going to be af- jobs, the new ideas for the new jobs for losses into the hundreds of thousands— fected by sequester because as the Fed- tomorrow. They are out there—for ex- and that is certainly true in my State eral Government goes, Moody’s rates ample, the Coast Guard—making sure and the country as a whole—no one our bond rating. Maryland could lose the Chesapeake Bay is safe or they are should filibuster a plan that would millions of dollars and have to pay dealing with our customs. Money is stave off that pain. high interest rates on bonds. going to the University of Maryland, to How did we get to this place? In 2011 This is going to have a terrible im- Johns Hopkins, to not only help our the Republicans decided to hold our pact, particularly in the area of school veterans get new arms but to get a new country hostage over raising the debt construction. It will cost hundreds if life. Isn’t that what the people want? ceiling. We know if we do not pay our not thousands of jobs in not building We can be more frugal. We have to be bills—which is what the debt ceiling is schools we need or roads that need re- sensible, but let’s not do sequester. It about—this country is going to face de- pair or water systems that need to be is bad money management, and we can fault, and our credit rating is going to upgraded. do better. What we cannot do is con- be lowered. Even though we finally re- People say: Oh, well, that is govern- tinue to delay and put the entire bur- solved this thing at the eleventh hour, ment. That is the way it is. Mr. Presi- den on discretionary spending. Let’s we still caused the downgrade the time

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 26, 2013 CONGRESSIONAL RECORD — SENATE S839 before. This time we averted another But myriad other federally funded pro- of the federal budget cuts and is preparing to downgrade, but it is very important grams also are threatened, and the combined send warning notices to participants in the that we remember why we got to this effect is expected to slow the momentum housing assistance program ‘‘as soon as we place of facing this sequester. The Re- that California’s economy has been building see that the cuts are made and there are no over the last year. immediate prospects to resolve the budget publicans played games with the debt As the state braces for pain from so-called crisis.’’ ceiling again. sequestration, there are warnings of long At Yosemite National Park, snow plowing Even though under Ronald Reagan, delays at airport security checkpoints, po- of a key route over the Sierra would be de- their hero—and, by the way, I think tential slowdowns in cargo movement at har- layed, ranger-led programs are likely to be even Ronald Reagan would have a hard bors and cutbacks to programs, including reduced and the park would face ‘‘less fre- time getting into the Republican Party meals for seniors and projects to combat quent trash pickup, loss of campground staff, these days because Ronald Reagan said neighborhood blight. and reduced focus on food storage violations, you should never play games with the Despite the grim scenarios from local and all of which contribute to visitor safety con- state officials, economists say the cuts’ over- cerns and increased bear mortality rates,’’ debt; even talking about the debt is a all blow to the economy would be modest, according to the National Park Service. problem. We raised the debt when Ron- felt more acutely in regions such as defense- Some programs, such as Social Security, ald Reagan was President; 18 times we heavy San Diego and by Californians depend- would be spared from the $85 billion in cuts raised the debt ceiling. But all of a sud- ent on federal programs, such as college stu- nationwide due to kick in Friday. But de- den, when there is a Democratic Presi- dents who rely on work-study jobs to pay for fense programs are expected to be cut by dent, they are playing games. That is school. about 13% for the remainder of the fiscal wrong. Obviously, we didn’t want to Critics say the cuts come at an inoppor- year and domestic spending by about 9%, ac- tune time because the economic recovery in cording to the White House budget office. see another downgrade. We had already the U.S. and California is still weak. The Obama administration sought Monday seen a delay the last time, which cost ‘‘We need stimulus, not premature aus- to highlight the effects close to home in an us $1.3 billion, in borrowing costs terity,’’ Gov. Jerry Brown said during a effort to step up the pressure on Congress to alone. break at the National Governors Assn. meet- replace across-the-board cuts with more tar- In order to avert this, on August 2, ing in Washington. geted reductions and new tax revenue col- 2011, we enacted the Budget Control Rep. John Campbell (R–Irvine) contends lected from taxpayers earning more than $1 Act. When it became law, we were that critics of the cuts are exaggerating the million a year. effects. The Los Angeles Unified School District is within hours of defaulting on our ‘‘If we can’t do this, what can we do’’ to re- bracing for a loss of $37 million a year in fed- debts. The Budget Control Act allowed duce Washington’s red ink, he asked. ‘‘We eral funding. Supt. John Deasy said Monday us to raise the debt ceiling, but on the ought to be panicked about the day when that he is sending a letter to the California condition that a ‘‘supercommittee’’ people won’t buy our debt anymore because congressional delegation warning about the find $1.2 trillion in cuts or force a trig- we borrowed too much.’’ ‘‘potential very grave impact’’ of the cuts on ger of across-the-board cuts known as If automatic spending cuts occur as Los Angeles schools. sequestration. planned, the growth in the country’s gross Rachelle Pastor Arizmendi, director of Straight from my heart, I say this: domestic product is likely to slow by 0.4 per- early childhood education at the Pacific Asian Consortium for Employment in Los No one thought the sequester would go centage points this year, from about 2% to 1.6%, economists said. Angeles, said she anticipated that the cuts forward. Everyone thought the pain to California’s GDP would see a similar slow- would cost her agency $980,000 in federal the economy would be so great that ev- down. The state stands to lose as much as $10 Head Start funding. That would force PACE erybody would sit down and resolve it. billion in federal funding this year, accord- to eliminate preschool for about 120 children But here is what is going on right now. ing to Stephen Levy, director of the Center ages 3 to 5. Democrats say the way to resolve it for Continuing Study of the California Econ- ‘‘It’s not just a number,’’ she said. ‘‘This is and avert the sequester is to have dol- omy in Palo Alto. closing down classrooms. This is putting our lar-for-dollar spending cuts and in- Levy said the more than $1 trillion in cuts children behind when they’re going to kin- planned over the next decade include ‘‘items dergarten.’’ creases in revenues. Republicans say in the federal budget that invest for the fu- The nonprofit serves about 2,000 children, 100-percent spending cuts and they ture,’’ such as support for research and clean providing most of them two meals a day in would prefer to do no defense cuts and energy, that particularly affect California addition to preschool education. The cuts have it all come out of education, because of its ‘‘innovation economy.’’ would mean PACE would have to lay off four transportation, medical research, law The ripple effects the cuts might have on of its 20 teachers, forcing the closure of eight enforcement, the environment. That is business and consumer confidence—which Head Start classrooms, Arizmendi said. what their plan was last year. So let’s would further dampen economic activity— Mrs. BOXER. Our Governor makes remain to be seen, said Jason Sisney, a dep- face it. No one thought we would get to the point—he has a way of getting to uty at the state’s nonpartisan Legislative the point: ‘‘We need stimulus, not pre- this point, but we are at this point. Analyst’s Office. What is the choice? I think it is pret- ‘‘We’re at a point where gains in housing mature austerity,’’ said Gov. Jerry ty clear what the choice is. It is the and construction markets have begun to Brown. Democratic plan, which is a growing take hold,’’ Sisney said. ‘‘A slowdown from The Republicans have become the economy, versus the Republican plan, sequestration would come at just the mo- austerity party and the Democrats which is a sequester, which is a slowing ment that the economy was beginning to have become the jobs party. I think economy. When I say that, I mean it. right itself.’’ people want jobs. There are still too Mark Zandi, who is one of the leading Jerry Nickelsburg, a UCLA economist who many long-term unemployed. We have writes a quarterly economic forecast on the economists in the country, said if se- Golden State, said the state’s recent eco- a stubbornly high unemployment rate. questration goes forward, it would cut nomic gains would provide a buffer against There is no question about it. a half of a point off our economic sequestration. Jerry Nickelsburg, a UCLA econo- growth. What does that mean? It ‘‘California can absorb it,’’ Nickelsburg mist who writes a quarterly economic means jobs lost. I have to say, when I said. ‘‘Will it slow economic growth? The an- forecast on the Golden State—my look at my State, this is not a pretty swer is yes. Will it result in negative eco- State—said: The State’s recent eco- picture. nomic growth? I think the answer is no.’’ nomic gains would provide a buffer Los Angeles officials project that the city against sequestration, but would it The Los Angeles Times, in an article would lose more than $100 million at a time by Ricardo Lopez and Richard Simon when they’re struggling to close a hole in slow economic growth? Yes. Why would today, says: ‘‘California braces for im- the city’s budget. we do something like this, a self-in- pending cuts from Federal sequestra- Douglas Guthrie, chief executive of the Los flicted wound, when there is an easy tion.’’ I ask unanimous consent this ar- Angeles city housing authority, said Monday way to get out of it, which is to put ticle be printed in the RECORD. that rent subsidies to as many as 15,000 low- into place a rule that says on a per- [From the Los Angeles Times, Feb. 25, 2013] income families would be cut an average $200 son’s second million dollars, once they a month, forcing many families to search for CALIFORNIA BRACES FOR IMPENDING CUTS get to that point, they are going to pay less expensive housing. His agency also an effective tax rate equal to their sec- FROM FEDERAL SEQUESTRATION might face as many as 80 layoffs in an al- (By Ricardo Lopez and Richard Simon) ready reduced workforce. retary? Give me a break. This is the California’s defense industry is bracing for But Guthrie said in a letter to the Los An- greatest country on Earth, and the peo- a $3.2-billion hit with the federal budget cuts geles City Council that the housing author- ple I know who live in California, for that are expected to take effect Friday. ity must plan for the ‘‘painful consequences’’ the most part, in the wealthy brackets

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S840 CONGRESSIONAL RECORD — SENATE February 26, 2013 are very happy to pay their fair share. 1,000 Criminal Cases From Being Pros- who are making sure we are always They want to pay their fair share. They ecuted by U.S. Attorneys safe and ready. That is why we see the want to give back. They love this coun- Mrs. BOXER. We are looking at 70,000 look on his face, because he is poten- try. It gave them everything. A lot of children not being able to go to Head tially one of those people. them started with nothing. Start. We are looking at 10,000 teacher In closing, I want to thank those who So we have the two plans. The Demo- jobs. We are looking at 7,200 special ed have put together a package for us, and cratic plan was outlined by Senator teachers—we know those special ed I have a plea to my Republican friends: MIKULSKI and we are going to vote on teachers; they are angels from heaven Do not filibuster this. Too many lives it on Thursday. I pray to God it is not who work with kids who can’t even are at stake. Too many jobs are at filibustered and a majority will rule sometimes manage to get dressed in stake. Put your plan forward, get a and we will get it done. It will create a the morning by themselves. vote on it if you have a plan or if your growing economy because it is a bal- Then: 2,700 schools won’t receive title plan is to let sequester go through, anced plan with half cuts, half reve- I funds, cutting support for 1.2 million let’s see that vote again, and let us nues. children who need help learning to have our vote on our plan to avoid this Then there is a Republican plan read. Tell me, does this make sense, pain and suffering people are going to which we don’t know yet, but the one when all we have to do is ask someone feel. they passed in the House doubled down earning a second million dollars to pay I actually have one more point to on the cuts to education, the environ- the same effective rate as a secretary? make and then I will turn to my friend ment, transportation, and left defense I don’t get it. from Arkansas. We hear a lot of pos- alone. That is not fair, and that is a How about 424,000 HIV tests con- turing from my Republican friends sure way we are going to lose hundreds ducted by the CDC won’t happen, so about how the Democrats are such big of thousands of jobs. someone is going to sneak through and spenders and all they want to do is I wish to share a picture with my col- give HIV to someone else? Really, that spend and tax and tax and spend. What leagues. I don’t know if people can see is not a smart thing. Twenty-five thou- party led the way to the first balanced this, but it is on the front page of the sand breast and cervical cancer budget in almost 30 years? I will give Washington Post and it is a picture of screenings will not take place, and my colleagues a clue: It was not the a shipyard worker. The look on his face some poor woman who might have had Republican Party. It was the Demo- I can only describe as frightened. As a a chance to catch breast cancer at an cratic Party. When Bill Clinton was matter of fact, when I saw the photo, early stage is thrown overboard. Eight President, we not only balanced the without seeing what the story was hundred thousand outpatient visits to budget but we left George W. Bush a about, I thought, This man is expecting Indian hospitals and clinics. Food in- surplus of $281 billion. some terrible gloom and doom to spections. Just the time to cut back on By the way, I happened to be here occur. And, yes, it is his fear that he food inspections. How about 4 million when we voted on the budget plan and will be laid off. He said his wife is preg- meals will be cut that would have been we did not have one vote to spare. We nant and he doesn’t have a second served to seniors through programs did it ourselves. source of income in the family and he such as Meals-on-Wheels. Four million What did George W. Bush do with is desperate. seniors won’t get that. And what if this huge surplus? He squandered it. He We just went through that. Why they don’t have a loving child to take put two wars on the credit card, never would we ever do it again? And people care of them or what if they don’t have paid for them; gave tax breaks to peo- say to me, What is going to happen? a neighbor to take care of them? Six ple who didn’t need them, and handed How will I feel it back home? Will I hundred thousand women and children President Obama a $1.2 trillion deficit, have a longer wait at the airport? Yes, won’t receive nutrition assistance, and which is now projected to be $850 bil- you might. Will I go to the National we have a lot of hungry people in this lion for 2013. It is going in the right di- Park Service and it may be closed great country of ours; scientific grants rection under a Democratic President. down? Yes. Will job training centers, to find cures for the diseases that We want to get that down and we can some of them, shut down? Yes. There is plague our families, whether they are get that down, and we can work to- a list of what will happen. rich or poor or anywhere in the middle, gether to get that down, but we do not I ask unanimous consent to have to find the cures for Alzheimer’s, to have to do this sequester. History has printed in the RECORD a list of the con- find the cures for diabetes. Small busi- shown us the balanced approach we sequences of the sequester cuts nation- nesses that do so well when they get used when Bill Clinton was President wide. that little seed money—$902 million of smart investments in things that There being no objection, the mate- cut from there. help our people such as job training rial was ordered to be printed in the Then: 1,000 FBI agents and other law and education and lifting up our chil- RECORD, as follows: enforcement personnel, and that is be- dren, and making sure they don’t go THE CONSEQUENCES OF SEQUESTER CUTS cause we are just so safe in our commu- hungry—those kinds of investments TO EDUCATION nities. I have gone around my State pay off in a society. 70,000 Children From Head Start and not one person ever came up to me We have 23 million jobs. Under 10,000 Teacher Jobs and said, I want less enforcement in George W. Bush, we lost jobs: George 7,200 Special Education Teachers my neighborhood. It is just too much. W. Bush, we lost jobs. And this Presi- 2,700 Schools From Receiving Title 1 It is too safe. Not one person ever told dent, our President who just got re- Funds, Cutting Support for 1.2 Million Stu- me, oh, don’t bother checking my air elected, is following the model of Bill dents or my water quality; I am just fine. Clinton: a balanced approach to deficit TO PUBLIC HEALTH So if we take these cuts and we apply reduction, investments in things we 424,000 HIV Tests Conducted by CDC them to our States, we will find out need, cutting things we don’t need, and 25,000 Breast and Cervical Cancer what happens and it is not a pretty pic- working together. Screenings 804,000 Outpatient Visits to Indian Health ture. Los Angeles alone could lose as I say if we don’t learn from history, Service Hospitals and Clinics much as $115 million in Federal grants, we are doomed to repeat it. We are 2,100 Food Inspections just in the first 6 months of 2013. Com- coming out of the greatest recession 4 Million Meals Served to Seniors Through munity development, public safety, I since the Great Depression, and we Programs Like Meals on Wheels have been through it. cannot afford to have this sequester. 600,000 Women and Children From Receiv- We don’t have to inflict this pain on We need to avert it, come together ing Nutrition Assistance 1,000 NSF Grants—Impacting 12,000 Sci- the American people. Everything I said with a balanced plan of cuts and reve- entists and Students relates to jobs. All of those cuts, what nues, not just the cuts-only approach, $902 Million From SBA Loan Guarantees do they mean? Real people who do real the austerity approach of the Repub- for Small Businesses things in the community such as law licans. TO SECURITY AND SAFETY enforcement, teaching our kids, et I hope they don’t filibuster our ap- 1,000 FBI Agents and Other Law Enforce- cetera, will lose their jobs, not to men- proach and let us have an up-or-down ment Personnel tion people in the Defense Department vote and pass this with a majority.

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 26, 2013 CONGRESSIONAL RECORD — SENATE S841 I thank my colleagues very much, think a lot of the news media has fo- for granted in this country that we are and I yield the floor. cused on government employees. There going to have a good, healthy, robust The PRESIDING OFFICER. The Sen- has been a lot of discussion in the press food supply, but that does not have to ator from Arkansas. conferences and there is all the blame be the case. It certainly is not the case Mr. PRYOR. Mr. President, I thank game that has been going on, and I in most countries around the world. We my Senate colleague from California want to talk about that in a few mo- are very spoiled. We are very fortunate for her remarks and also want to finish ments. But if you look at the numbers in this country to have that. But the one point she was making there at the in the public sector—the Federal em- agricultural sector cannot function end. But before I do, Mr. President, I ployees who will either be laid off or without the government. ask unanimous consent that the final furloughed or for whatever reason will Again, we have a safe food supply. We 20 minutes prior to the vote be equally not be able to function—those are big need inspectors out there to make sure divided and controlled between Sen- numbers. But that only tells part of that meat and other foods that are ators LEVIN and INHOFE. the story. In fact, that only tells a being processed get that USDA seal of The PRESIDING OFFICER. Without small part of the story because this se- approval—grade A, whatever it is. That objection, it is so ordered. quester is going to harm the private means something. If we cannot know Mr. PRYOR. I want to thank Senator sector much more than it harms the our food is safe, then we have dimin- BOXER for her comments on balancing public sector. ished what it means to live in this the budget. One of the things we need This is something we should under- country. We do not want to get into to understand is that we can do this. It stand, that the American people should that. Let’s avoid that. This is avoid- was not that long ago when President understand. I would hope the American able. Clinton was elected and he focused on people would insist we work together I know a lot of Arkansans, when I balancing the budget. He made it a pri- to get something done here in the next talk to them, say: Can’t you all do ority of his administration. He made it few days if possible, certainly in the something? Can’t you work together? a Democratic priority for the Demo- next few weeks to avoid this sequester. The answer is yes, we can work to- cratic Party. They passed the Balanced In my State of Arkansas, there are 91 gether. It is just a matter of political Budget Act of 1993. It passed without poultry and meat processing facilities will. We have to make up our minds one Republican vote in this Chamber that will have to close their doors at that is what we are going to do, that and without one Republican vote in the least at some point because they do not we are going to work together. House Chamber. But nonetheless it did have meat inspectors and food inspec- In 2011, we passed the Budget Control pass. It probably caused some people tors on site. That is 91 facilities. That Act. Here again, I think the news some elections a couple years later, but is a lot of employees. We have employ- media has not covered this a lot, has nonetheless it was the right thing to ees at 52 Arkansas FSA offices. These not explained this very well to most do. It got us on the course to fiscal sta- are Department of Ag offices that are Americans. But one of the things the bility. It took 4 years, but we did bal- out around the counties to help people Budget Control Act of 2011 did, among ance the budget. other things, is it set spending caps for But there is one thing we also need in the farming industry, to give them the Federal Government. So as back in to mention as we talk about that. One some government resources, advice, et the 1980s, when people worried about advantage Bill Clinton had that we cetera. Fifty-two of those offices are $180 billion deficits—now we have much have not had in the last few years is a not going to close their doors, but they robust, vibrant, and growing economy. are going to have to furlough their em- larger deficits than that, but back then He had the longest economic expansion ployees. There is no doubt they will be in the 1980s, we put on the Gramm-Rud- in U.S. history. That did not happen by at partial strength instead of full man spending caps and things such as accident. That took a lot of work. It strength at a very critical time for that—Gramm-Rudman-Hollings—and took a lot of bipartisan effort here in farmers all over the State of Arkansas. there were other efforts over the years. Well, that is what we have done with the U.S. Senate, there in the U.S. Also, we have an FDA facility there, the Budget Control Act. We have House of Representatives, and down at the National Center for Toxicological spending caps for the next 10 years— 1600 Pennsylvania Avenue. It had Gov- Research, and it is going to be cut by ernors working together. It had all of an estimated $3 million. Well, that fa- now it is for the next 9 years when it us working together to try to make cility is a nice little economic engine comes to Federal spending. I think peo- sure we got the economy back on track for that part of the State. That means ple do not always appreciate that be- because if the economy is growing, the when they cut it, it is going to have a cause what they hear out of Wash- revenues improve, and also your safety negative ripple effect, an adverse ripple ington—instead of people explaining net programs are not hit nearly as effect in that part of our State’s econ- what is going on and trying to help the hard. omy. American people understand what they So one of the things we need to focus I know in this Chamber and in this get from Washington—is blame, blame, on as a Congress—certainly as a Sen- town there is a lot of discussion about blame. I cannot count the number of ate—is we need to focus on growing the making the government small and how press conferences we have had where U.S. economy. That brings me to my we should cut the government and how one side has come out to blame the discussion today about sequestration. the government should be lean and all other side. I know some of the House When we look at the analysis on that. Do you know what. A lot of that Members just came out and blamed the what sequestration could do to the U.S. I do not disagree with. But I do think Senate. Democrats are blaming Repub- economy, there could be 750,000 jobs it is important for all of us, as respon- licans. Republicans are blaming the lost in this economy. That is a .6 per- sible policymakers, to understand the President. The President is blaming cent shrinkage of the economy by the reality that whether we like it or not— the Congress. It goes on and on and on. end of this year. We are not talking and many of us have philosophical dis- It never stops. It is a dead-end street. about somewhere way down the road, agreements on this; and I am not try- The truth is we voted for sequester. I out in the outyears. We are talking ing to get into that, but whether we do not care who came up with the idea, about at the end of this year it will like it or not, our government is very we voted for it. As we have talked have a negative impact on the U.S. intertwined in the U.S. economy, our about many times on this floor, the economy. That is going to continue to government is a critical part of the reason we put sequester in in the first hurt our debt and deficit problem. We U.S. economy. place was because it was such a bad need to do all we can to avoid this and So you take something like the food idea; it will be so hard to do; it does to grow the U.S. economy. We need a industry—and I am chairman of the not make a lot of sense. But, nonethe- growing U.S. economy. There should Appropriations Subcommittee on Agri- less, it was to try to force our folks to not be government policies that are culture—if you take something as basic get to a budget deal. It did not happen. shrinking the economy. We should be as agriculture—something that may But I think the important thing is, all growing the economy. not be very sexy, that does not get a Americans need to know everybody in I wish to say, if you look at the num- lot of headlines, that people do not Washington owns this. You can blame bers for government employees—and I think a lot about because we take it all you want. You can have as many

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S842 CONGRESSIONAL RECORD — SENATE February 26, 2013 press conferences as you want, but ev- loughed for up to 15 days. That means lot to do with ideology. It is all about erybody in Washington owns this. We you are going to have to temporarily economic winners and losers in our need to own up to our responsibility as close—maybe for a day at a time—6,000 country. It is all about the power of big Congressmen and Senators and as the processing plants nationwide. There money. It is all about the soul of what President and do what we can to not are over 90 of those in Arkansas. Just America is supposed to be. hurt this country. in my State, that is going to have an You may have noticed there was a Let me talk for a few more moments impact on not those few government poll done. I can’t remember who did it, because I see one of my colleagues has jobs, it is going to have an impact on but it was consistent with all the other arrived here. Let me say the sequestra- 40,000 jobs in the private sector—40,000 polls I have seen. They asked the tion, again, was an idea that was put jobs in the private sector—because of American people: Are you concerned together because they wanted it to be this. about deficit reduction? Do you think so painful that we would never get It also is going to disrupt the effi- we should cut Social Security and here. These are arbitrary cuts. You do ciencies we have in the protein mar- Medicare? Overwhelmingly, Democrats not take into account the efficiency of kets in this country. What that means said no, Republicans said no. programs, the effectiveness of pro- is, prices are going to go up, people are Yet here in the Congress, surrounded grams. You do not take into account going to pay more for their meat prod- by lobbyists and campaign contribu- the merits of programs. You just cut ucts at the grocery store and at the tors who are very wealthy, that is across the board. restaurant. This is not going to be a where we are heading. We are heading I think we probably will do some win for anybody. And I think you are toward a so-called chained CPI, which more cuts. We probably should do some going to see about $400 million in in- very few people outside the beltway un- more cuts. I think if you look at the dustry wages that could be lost as a re- derstand. This will mean cuts, signifi- Simpson-Bowles blueprint—that pro- sult. That is not going to help the U.S. cant cuts in Social Security and in posal a lot of us have talked about over economy. benefits for disabled veterans. the last couple years—they would prob- Then you expand what the U.S. De- The American people say we think ably look at that and look at the num- partment of Agriculture does beyond the wealthiest people in this country bers and say we still need to do some row crop and livestock-type agri- should help us with deficit reduction, cutting. But we also need some rev- culture. They do a lot in the area of protect the safety net. enue. We still need to do that. But our clean water, fire and rescue vehicles in In Congress, there is a fierce attack cuts should be smart and they should rural communities. They do commu- by the Republicans and some Demo- be deliberate and they should increase nity building in rural America—things crats on the safety net. To a large de- the bang that the taxpayer gets for such as hospitals, school construction. gree, we are allowing large corpora- their buck. That is not what sequestra- They do rental assistance programs, tions, that are enjoying very low effec- tion does. It does not achieve any of and a lot of these are for the poorest of tive tax rates, to get away with what those goals. the poor out there around our country. they are doing. One thing about the Department of Again, it is going to disproportionately When we talk about who should help Agriculture—here again, people need to hurt these people who can least afford us with deficit reduction, we need to understand this; we talk about this it. look at what is going on economically here in our committee rooms and what- I mentioned the U.S. Department of in the United States of America. We not, but I think a lot of times the mes- Agriculture, but also at the FDA, it don’t discuss this issue enough. We sage does not get out—agriculture seems to me almost every one of their need more people coming down to the funding has already been cut by 15 per- employees around the country could be floor to talk about it. We have the cent. There has already been a 15-per- subject to these furloughs and these most unequal distribution of wealth cent cut to agriculture, starting in 2010 cuts and will be adversely affected. and income of any major country on to today: 15 percent. I think it is un- Do we want to interrupt the gold Earth, and the gap between the very wise for us to cut an industry which is standard we have with food and drugs wealthy and everyone else is growing one of the core strengths of the U.S. in this country through the FDA? I wider. economy. would say no. Today, the wealthiest 400 individuals If we look at the U.S. economy, there I think it is time for us to come to- in this country own more wealth than are a lot of things we do well. But gether, to work together, to find a so- the bottom half of American people, 150 there is no doubt at all we do agri- lution. I think one of the bits of good million people. You have 150 million culture better than anyone else in the news we see in Washington is there is here, you have 400 over there. Who do world. There is not even a close second nothing wrong here that we cannot fix you think should pick up the burden of place. You innovate when it comes to with some political will. I think that is deficit reduction? agriculture. This is where you maxi- what this is all about. It is a little bit Should we go after children who are mize crops. The United States of Amer- of a test of wills right now, but I think having a hard time getting the nutri- ica is the gold standard for agricultural there is no doubt we can fix this with tion they need or seniors who can’t af- productivity and new technology and some political will. ford prescription drugs? Yes, we could innovation and all these great things Mr. President, with that, I will yield do that. to make this country the breadbasket the floor. Is that a moral thing to do? No. Is that it is. So why in the world are we I see my colleague from Vermont is that good economics? No. going to cut, cut, cut agriculture? It in the Chamber. Today, one family, the Walton family does not make any sense. Thank you, Mr. President. of Walmart, is probably the most major Of course, rural America is strug- The PRESIDING OFFICER. The Sen- welfare beneficiary in America. So gling disproportionately. With the re- ator from Vermont. many of their low-paid employees are cession and all that has hit rural Mr. SANDERS. I thank my colleague on Medicaid, food stamps or other Fed- America, it is tough out there. Let me from Arkansas for yielding. eral programs. This one family owns tell you, I come from a very rural When we talk about sequestration, more wealth than the bottom 40 per- State. It is tough. These cuts are going when we talk about deficit reduction, cent of the American people. to harm rural America much more it is important to put that discussion Do you know what we did a couple than they will harm urban America in a broader context. The broader con- months ago? We gave the Walton fam- and suburban America. It is a fact of text needs to be, No. 1, what is the fair- ily a tax break by expanding the estate life. Again, that is another reason why est way to move toward deficit reduc- tax. we need to avoid this. tion and what is the best approach in Today, the top 1 percent owns 38 per- So in closing—I know I have one of terms of economic policy making our cent of all financial wealth—1 percent my colleagues here who wishes to country strong and creating jobs. owns 38 percent. The bottom 60 percent speak—let me get back to the meat in- I fear very much the debate we are owns less than 3 percent of all wealth. spectors. The Department of Agri- currently having has very little to do What do we think? Do we want to go culture says they may have to be fur- with financial issues. I believe it has a after the bottom 60 percent, families

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 26, 2013 CONGRESSIONAL RECORD — SENATE S843 who are making $25,000, $30,000 a year, now. No. 1, we need to ask who is best the OECD, including Great Britain, falling further and further behind? Do able to help us with deficit reduction. Germany, France, Japan, Canada, et we want to take away the educational It is surely not the struggling middle cetera. Corporate revenue as a percent- opportunities and the nutrition their class. It is surely not the disabled vet- age of GDP is 1.2 percent lower than kids can get? Yes, we may do it that erans and their families. It is surely any other major country in the OECD. way. Maybe it makes more sense to go not elderly people who can’t afford pre- In 2011, corporations paid 12 percent of after the top 1 percent who are doing scription drugs. It is surely not kids their profits in taxes, the lowest since phenomenally well. who don’t have enough to eat. 1972. Do you know what. The vast major- The second question we need to ask We have a choice. Do we go after the ity of Americans agree with that, but is how did we get to where we are elderly? Do we go after the sick? Do we this Congress does not reflect the in- today. Did this deficit just arrive yes- go after the children? Do we go after terests of the vast majority of the terday? the poor or maybe do we say that when American people. It is not the Amer- I think we all remember that in the corporate profits are at a record level ican people who are funding the cam- last year of the Clinton administration and their effective tax rate is the low- paigns for Members of the Senate and this country had a $236 billion surplus, est since 1972, maybe we say to cor- the House. It is not the average Amer- a surplus. The economists were pro- porate America, hey, help us with def- ican who has well-paid lobbyists all jecting that the surplus would expand, icit reduction. over this place. expand, and expand. The last figures we have seen on this As Warren Buffett has pointed out, What happened from the year 2000 to issue is that in 2005, one out of four the 400 richest Americans are now 2013 so that we went from a very sig- major corporations paid no income tax worth a record-breaking $1.7 trillion, nificant surplus to a very serious def- at all while they collected over $1 tril- more than 5 times what they were icit? That needs to be understood when lion of revenue over that 1-year period. worth two decades ago. we talk about sequestration and deficit The PRESIDING OFFICER. The Sen- While the wealthiest people are be- reduction. The answer is, as everybody ator’s time has expired. coming even richer, the Federal Re- knows, we went to war in Iraq and Af- Mr. SANDERS. Let me conclude by serve reported last year that median ghanistan. A strange thing happened. simply saying we are losing $100 billion net worth for middle-class families We forgot to pay for those two wars. a year from tax havens in the Cayman dropped by nearly 40 percent from 2007 When we go into two wars and we are Islands and elsewhere. There are ways to 2010, dropped by 40 percent. That is taking care of all those veterans who to do deficit reduction without hurting the equivalent of wiping out 18 years of have been hurt, that adds up to some- the most vulnerable people in this soci- savings for the average middle-class thing like $3 trillion by the time we ety. family. take care of the last veteran, as we I yield the floor. Whom do we go after? Do we think it must. The PRESIDING OFFICER. The Sen- makes any economic or moral sense to During the Bush administration, we ator from Michigan. go after a middle class which is dis- gave huge tax breaks to the wealthiest Mr. LEVIN. Before Senator SANDERS appearing or maybe do we ask the people in this country, didn’t offset it. leaves, let me commend him. I didn’t wealthiest people in this country—who That adds up. We passed the Medicare hear all his remarks, but I know the are doing phenomenally well—to help Part D prescription drug program, subject of his address, his remarks, was us with deficit reduction? didn’t pay for that. That adds up. the fact corporations now contribute As bad as wealth inequality is, the Most important, because of the about 10 percent of the total revenue distribution of income, what people greed, recklessness, and illegal behav- which comes into Uncle Sam. Years make every year is even worse. It is an ior on Wall Street, we were plunged ago, it was about 50 percent, and then amazing statistic, and I hope every- into a major recession, high unemploy- gradually it has come down to about body pays attention to this. ment, businesses going under, less tax where it is now. The last study on the subject of in- revenue coming into the Federal cof- The reason for that, mainly, is that come distribution showed that from fers. there are a whole bunch of gimmicks 2009 to 2011, the last study we have, 100 I know my Republican friends say and loopholes which have been inserted percent of all new income went to the cut, cut, cut, cut benefits for disabled into our tax laws which need to be top 1 percent, while the bottom 99 per- vets, cut Social Security, cut Medicaid, closed. If they can be closed, we would cent actually saw a loss in their in- cut nutrition, cut Head Start. We could be able to avoid sequestration. That is come. In a sense it doesn’t matter, do it that way, but we should also un- how big the loopholes are. given that incredible imbalance in in- derstand that at 15.8 percent as com- I am not talking about deductions, come, what kind of economic growth pared to GDP, the percentage of GDP, which most people would say serve a we have. All the gains are going to go our revenue is almost the lowest it has useful purpose. Whether people agree to the top 1 percent. been in 60 years. with that purpose, at least deductions, I have some friends over in the Yes, in the middle of a recession we as we generally understand deductions, House, our Republican friends, who are are spending a lot of money making serve some kind of a productive pur- saying: No, no, no. We can’t ask these sure people don’t go hungry, making pose. For instance, corporations get ac- people to help us more with deficit re- sure people who lost their jobs have un- celerated depreciation when they buy duction. I think that is very wrong. employment benefits, making sure peo- equipment. That serves a very impor- When we are talking about how to re- ple have affordable housing. It is true. tant purpose. It gives an incentive to duce the deficit—and we all want to do What is also true is that at 15.8 per- buy equipment. that—we need to understand we can’t cent, as a percentage of GDP, our rev- Even the oil and gas credit, which I get blood out of a stone. We can’t ask enue is less, almost less than it has don’t support, nonetheless, the purpose people who are earning less and in been in 60 years. of it is to give an incentive to explore many cases working longer hours. We Today, not only are we seeing a and drill for oil and gas. Whether one can’t ask the 14 percent of Americans growing gap between the very wealthy agrees with that purpose, at least it is who are unemployed. If we add people and everybody else, it is important to a purpose. When it comes to these loop- who have given up looking for work take a look at large corporations. holes and gimmicks which are used to and people who are working part-time, When we do, we find that corporate shift revenues to tax havens, there is we cannot get blood out of a stone. As profits are at an alltime high, while no useful purpose. The only purpose is Willy Sutton the bank robber reminded corporate income tax revenue as a per- taxable. Those are the loopholes which us, you go where the money is. In this centage of GDP is near a record low. we can close, and those are the loop- case, all the money and all the income Profits are soaring, and the effective holes which it seems to me there ought gains are with the top 1 percent. tax rate is near a record low. to be broad bipartisan support to close. The other point that needs to be In 2011, corporate revenue as a per- If we can close them, we can avoid se- made is we need to ask the question of centage of GDP was just 1.2 percent questration. Again, that is how big how we reached the place we are right lower than any other major country in these loopholes are.

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S844 CONGRESSIONAL RECORD — SENATE February 26, 2013 I very much appreciate the reference ta’s position that such meat-ax cuts policy of not sending letters to foreign by the Senator from Vermont to our would be disastrous and catastrophic leaders, I cannot fathom why a matter Permanent Subcommittee on Inves- to our national security and economy. as grave and as clear as a request to tigations and the work we have been In addition, I understand Senator the EU to name Hezbollah a terrorist doing, and I very much appreciate the Hagel’s overall philosophy on the need group would not warrant a similar ex- energy he brings to this effort. It ought to exercise caution before deploying ception. to be bipartisan. Again, these kinds of military forces. Such restraint, at When it comes to the prospect of a loopholes are not what most people times, can provide a valuable voice of nuclear-armed Iran, the American peo- consider to be legitimate deductions caution to temper the impulse to exer- ple have been told for several years but are a kind of tax-avoidance scheme cise America’s significant military that Iran is 18 to 24 months away from that should not be in the law even if we edge. having the capability to build a nu- had no deficit. I guess one of the crit- Nevertheless, several critical issues clear weapon. I fear that we are truly ical differences between these kinds of loom large as I contemplate the within that time window as I speak tax-avoidance gimmicks and the ordi- threats facing our national security today. A nuclear-armed Iran would nary deductions corporations take is and consider Senator Hagel’s nomina- have grave consequences for the United the fact that the use of these and the tion. These issues include the prolifera- States and would pose an existential abuse of these should be eliminated on tion of terrorism, the threat of a nu- threat to the State of Israel. The pros- a bipartisan basis. clear-armed Iran and the reality of a pect of a nuclear-armed Iran could also So I would like to thank my friend. I nuclear-armed North Korea, an in- fuel the most significant proliferation wish I had caught the early part of his creasingly dangerous and unstable Mid- of nuclear weapons in the Middle East remarks, but that was not to be. dle East that threatens our national since the dawn of the nuclear age. Ms. COLLINS. Mr. President, I rise interests and our ally Israel, and the Thus, Senator Hagel’s votes, state- today to discuss the President’s nomi- possibility of deep and indiscriminate ments, and views on this grave threat nation of former Senator Chuck Hagel cuts in the defense budget that would matter a great deal. to be Secretary of Defense. undermine America’s strength and se- What concerns me as much as his re- I know Senator Chuck Hagel well curity. peated reluctance previously to leave from having served with him for many While Osama bin Laden is dead and all options on the table is his past hesi- years in the Senate. We were sworn in al-Qaida has suffered significant losses tancy to exercise all of the non-mili- as Senators on the same day and trav- in Afghanistan and Pakistan, violent tary options, such as unilateral sanc- eled to Iraq together in 2003 as part of Islamist extremism has metastasized tions, that are the primary peaceful the first Senate delegation there after to other regions around the world, par- means of inducing Iran to cease its nu- the war began. ticularly to the countries in North Af- clear weapons program and allow for Senator Hagel’s courageous military rica. The terrorist attack in Benghazi International Atomic Energy Agency service deserves our praise and grati- left four Americans dead, including inspections. tude, and I know he cares deeply about Ambassador Chris Stevens, and an at- Senator Hagel supports multi-lateral our servicemembers. His experience as tack killed three Americans at an Al- sanctions contending that they work a soldier during the war in Vietnam is gerian gas facility. AQAP’s top bomb- better and has opposed unilateral sanc- significant as the Senate considers his maker is still at large, and Hezbollah tions. Certainly, in an ideal world, nomination to be Secretary of Defense, and Hamas continue to rearm in Leb- multi-lateral sanctions can be more ef- but, of course, it is but one factor that anon and Gaza. Hundreds of rockets fective, and I welcome other countries we must weigh in our consideration of have been fired from Gaza into Israel, that wish to join the United States in him for this critical Cabinet post. Sen- the vast majority fortunately stopped adopting sanctions. But the United ator Hagel and I spent 90 minutes in by the highly effective Iron Dome. States’ imposition of sanctions—even if my office discussing a wide range of Senator Hagel’s views on these crit- we were to act virtually alone—not issues, which I appreciated, and I re- ical threats are unsettling to me. For only helps to disrupt Iran’s nuclear viewed carefully the lengthy Senate example, with regard to Hezbollah, program but also demonstrates moral Armed Services Committee hearing on Senator Hagel was unwilling to ask the leadership. his nomination. European Union to designate Hezbollah In the last Congress, I introduced leg- The next Secretary of Defense will be as a terrorist organization in 2006. islation to make shipping classifica- responsible for managing a massive bu- While 88 other Senators, including tion societies choose between doing reaucracy, the defense budget, threats then-Senators Obama and Clinton, sup- business with Iran or with the United emanating from Iran, North Korea, and ported this reasonable request, Senator States Coast Guard. It was a unilateral Islamist extremism, the withdrawal of Hagel did not. Hezbollah has the blood effort. I did not have the authority to United States combat forces from Af- of more Americans on its hands than make this change at the U.N. Initially, ghanistan, and an increasingly provoc- any other terrorist organization be- these organizations thought it would ative Chinese military as well as per- sides al-Qaida, yet Senator Hagel re- be business as usual. As the bill moved sonnel issues affecting those serving in fused to urge the EU to call Hezbollah through Congress and now that the bill uniform. what it is—a terrorist organization. is law, none of them continues to work With regard to our servicemembers, I Senator Hagel has explained to me with Iran. That’s just one example of am confident that Senator Hagel would that he had a principle of not sending an effective unilateral action. devote the necessary attention to ad- correspondence to foreign leaders be- Particularly concerning to me is a dress the horrendous rate of sexual as- cause he believes the President, not press report that Senator Hagel sault in the military and would work Congress, conducts foreign policy. In- thwarted an effort in 2008 to pass sanc- to reduce the unacceptable, record high deed, in January 2009, former Senator tions against Iran that was supported number of suicides among our troops. Hagel did sign an ill-advised letter by more than 70 Senators. The Depart- As the coauthor with former Senator counseling Barack Obama to spearhead ment of Defense contends that Senator Joe Lieberman of the law that repealed direct, unconditional talks with Hagel joined other Republican Sen- the military’s ‘‘Don’t Ask, Don’t Tell’’ Hamas—a position that President ators in holding the Iran Sanctions bill policy that barred openly gay people Obama wisely chose to disregard. due to concerns they and the Bush ad- from serving in the military, I am now Senator Hagel’s general principle of ministration had on how to impose the satisfied that Senator Hagel is com- abstaining from sending letters to for- most effective sanctions on Iran. Ac- mitted to implementing this law fully. eign leaders on policy matters did not, cording to the Department, his dis- We also discussed the specter of se- however, preclude him from signing a agreement was not with the objectives questration, which would lead to irre- 2007 letter to the Prime Minister of of the bill, but was a vote based on its sponsible cuts that would cripple our Vietnam to encourage efforts to bring effectiveness at that time. readiness and capability to project the Peace Corps to that country. If ex- I am not, however, aware of any power on land, air, and sea. Senator panding the Peace Corps’ presence war- other Republican Senator blocking Hagel reiterated Secretary Leon Panet- rants an exception to Senator Hagel’s that bill. Furthermore, it does not

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 26, 2013 CONGRESSIONAL RECORD — SENATE S845 matter who else may have been in- which causes me such great concern, be fying. He is a veteran, he has been a volved because no one but Senator filibustered? As a general rule, I be- successful CEO, and he has served at Hagel is the President’s nominee to be lieve a President has the right to highest levels of the legislative and ex- the Secretary of Defense. choose the members of his Cabinet, and ecutive branches. We are at a moment in history when only in extraordinary circumstances I served with Senator Hagel during there can be no reservation, hesitancy, should such a nomination be filibus- his two terms in the U.S. Senate—in- or opposition to enact any and all sanc- tered. I oppose Senator Hagel’s nomi- cluding his service on the Senate Intel- tions that could change Iran’s calculus nation, but I cannot join in a filibuster ligence Committee from 2003–2008. I regarding its pursuit of nuclear weap- to block each Senator’s right to vote found him to be a knowledgeable and ons. for or against him. independent voice with a strong grasp We are seeing a major trans- I wish that President Obama had of the pressing national security issues formation in the Middle East. The made a different choice for this critical facing our country. Those of us who United States’ interests in this region position, but he is entitled to have this served with him know Senator Hagel’s are vital: trade through the Suez nominee receive a direct vote on the story well. His career began as a ser- Canal, the availability of energy re- Senate floor. And I, for one, will vote geant in the U.S. Army in Vietnam sources, the security of Israel, the pre- against the nomination of Chuck Hagel where he served with distinction and vention of Iran developing a nuclear to be Secretary of Defense. earned two Purple Hearts. Indeed, as weapon, and the future of Syria which Mr. COCHRAN. Mr. President, I sup- an enlisted man, he has seen the true has the potential to destabilize the re- port the confirmation of our former costs of war. He understands that the gion. colleague and my friend, Chuck Hagel, use of military force should always be Will we be resolute and stand by our to serve as Secretary of Defense. a last resort and should only be under- friends and allies, even during this tu- Providing advice and consent on a taken with a clear strategy, clear mis- multuous time? In our partnership nomination for the President’s Cabinet sion and the resources to get the job with Israel, there is an opportunity for is one of the Senate’s most significant done. He understands that we have a the United States to demonstrate that constitutional responsibilities, particu- solemn obligation to take care of our we stand by our allies even when the larly in the case of the Secretary of De- returning veterans and the families neighborhood looks more dangerous fense. It is a very serious responsibility and loved ones of those who gave the than it has in decades. because no duty is more important ultimate sacrifice. As we emerge from Unfortunately, I am concerned that than preserving the safety and security over 10 years of war in Iraq and Af- Senator Hagel’s nomination would send of our Nation and its people. ghanistan that is the kind of leadership the wrong message at the wrong time I believe this nominee has the knowl- we need at the Department of Defense to our allies and adversaries around edge and ability to carry out the duties and, more importantly, that is the the world about the resolve of the of this important office. Chuck Hagel kind of leadership the men and women United States. It is telling and dis- feels strongly that the United States in uniform deserve. They will take turbing that when I asked Senator should be the most capable military pride in the fact that Senator Hagel Hagel what he believed were the great- power in the world. He also believes the will be the first enlisted man and the est threats facing our country, he iden- United States must continue to be first Vietnam veteran to head the De- tified the resource shortage that could committed to Israel’s security and its partment. result from the addition of two billion ability to defend its borders. Chuck also served as President and more people during the next couple At a time when our adversaries con- Chief Executive Officer of the USO and decades as near the top of his list. tinue to increase their arsenals of as the Deputy Administrator of the While there no doubt will be tremen- rockets and missiles and to develop Veterans Administration during the dous challenges associated with this medium- and long-range ballistic mis- Reagan administration, where he development, his response concerned siles that threaten our security, the se- fought to ensure that our veterans re- me when I consider all of the enormous curity of our deployed forces, and the ceived the benefits they earned, includ- near-term threats facing our country. security of our friends and allies, it is ing assistance for those suffering from In my judgment, Islamist terrorism, imperative that we continue to de- Agent Orange. He then went on to the a nuclear-armed North Korea and po- velop, field, and maintain a robust mis- private sector where he co-founded tentially a nuclear-armed Iran, an un- sile defense capability. I know Senator VANGUARD Cellular Systems, a lead- stable and chaotic Middle East, cyber Hagel is supportive of these efforts, and ing cellular carrier in the U.S. Most re- attacks, Chinese provocations, and I will be pleased to join with him in cently, he co-chaired the President’s budget constraints will likely consume further advancing these priorities. Intelligence Advisory Board. the attention of our country’s national Senator Hagel is a decorated Viet- Now, it is no secret that Senator security leaders during the next 4 nam veteran, a successful entre- Hagel has his critics, but let us take a years. I believe a vote in favor of Sen- preneur, Deputy Administrator of the closer look at who has endorsed his ator Hagel would send the wrong signal Veterans’ Administration, President nomination. to our military, the American people, and CEO of the USO, and a two-term A bi-partisan group of 13 former Sec- and to the world about America’s re- United States Senator. Throughout his retaries of State, Secretaries of De- solve regarding the most important na- distinguished career in public service, fense, and National Security Advisors tional security challenges of our era. Senator Hagel has proven himself to be from the Reagan, George H.W. Bush, I am unable to support Senator Hagel a fair, intelligent and courageous lead- Clinton, and George W. Bush adminis- to be the next Secretary of Defense be- er of good character and integrity. trations sent a letter to the Senate ex- cause I do not believe his past posi- I am confident that Senator Hagel pressing their support for Senator tions, votes, and statements match the will serve with distinction as Secretary Hagel to be the next Secretary of De- challenges of our time, and his presen- of Defense. fense arguing that he is ‘‘uniquely tations at his hearing did nothing to Mrs. FEINSTEIN. Mr. President, I qualified to meet the challenges facing ease my doubts. I regret having to rise today to express my support for the Department of Defense and our reach that conclusion given our per- the nomination of former Senator men and women in uniform.’’ They sonal relationship and my admiration Chuck Hagel to be our next Secretary continued: for Senator Hagel’s military service. of Defense. He is eminently qualified Our extensive experience working with But I have concluded that he is not for the position and possesses an exem- Senator Hagel over the years has left us con- well-suited for the tremendous chal- plary record of service to this country. fident that he has the necessary background lenges our country faces during this I strongly believe that a President is to succeed in the job of leading the largest dangerous era in our history. entitled to his cabinet selections unless federal agency. As I announce my decision to cast there is something in an individual’s He has also received endorsements my vote in opposition to Senator record or background that is disquali- from 11 senior retired military leaders, Hagel’s nomination, let me address one fying. And there is nothing in Senator over fifty Ambassadors and statesmen, final question: Should this nomination, Hagel’s background that is disquali- and numerous veterans’ organizations.

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S846 CONGRESSIONAL RECORD — SENATE February 26, 2013 A group of ten former U.S. Ambas- siding Officer, Senator MANCHIN, was warned that sequestration and a year- sadors—including four former Ambas- present at the time when that presen- long continuing resolution risk cre- sadors to Israel—argued that: tation was made by Senators Nunn and ating a hollow force and could confront We can think of few more qualified, more Warner, and he was a witness to how our military leaders with the unten- non-partisan, more courageous or better powerful their testimony in support of able choice between sending troops equipped to head the Department of Defense Senator Hagel was. into harm’s way without adequate at this critical moment in strengthening Senator Nunn told the committee: training and equipment or being unable America’s role in the world. I believe that our Nation is fortunate to to take on certain missions at all. The The group of retired Generals and have a nominee for Secretary of Defense Chairman of the Joint Chiefs of Staff Admirals from the Army, Air Force, with the character, the experience, the cour- has described the impact of this budget Marines, and Navy—including General age, and the leadership that Chuck Hagel crisis on the Department of Defense as Anthony Zinni, General Brent Scow- would bring to this position. a 10 on a scale of 1 to 10. croft, and Admiral William Fallon— He said: Now as much as anytime in the re- went even further. In an open letter, There are many essential characteristics cent past, our men and women in uni- they argued that Senator Hagel ‘‘would and values that a Secretary of Defense form need a Secretary of Defense to be a strong leader’’ as the next Pen- should possess in our dangerous and chal- guide them through difficult situations tagon chief and that he’s ‘‘eminently lenging world. around the world and to defend their qualified for the job.’’ But, more impor- And he named a few of them, includ- interests here at home. The President tantly, they believe that he under- ing someone who sets aside fixed ide- needs a Secretary of Defense in whom stands the challenges that our ology and biases to evaluate all options he has trust, who will give him unvar- warfighters face and is the person who and then provides his or her candid nished advice, a person of integrity and can best lead the Pentagon. judgment to the President and to the one who has a personal understanding And, even with all the accusations Congress. He also named this char- of the consequences of decisions rel- about Senator Hagel’s views on Israel, acteristic: someone who pays attention ative to the use of military force. Israeli Foreign Minister Danny Ayalon to people with the best ideas regardless It is time to end the uncertainty rel- said that ‘‘[Senator Hagel] certainly of their party affiliation. ative to the leadership at the Pen- regards Israel as a true and natural And then Senator Warner said: tagon. The time has come to now con- U.S. ally.’’ Folks, there is an old saying in the combat firm Chuck Hagel as our next Sec- Clearly, those of us here in the Sen- Army infantry and Marine Corps. ‘‘Certain retary of Defense, and I hope the Sen- ate who support Senator Hagel’s nomi- men are asked to take the point,’’ which ate will, on a bipartisan basis, soon do nation are not alone in believing he means to get out and lead in the face of the exactly that. will make a fine Secretary of Defense enemy. Chuck Hagel did that as a sergeant Mr. President, I yield the floor, and I in Vietnam. If confirmed, Chuck Hagel will and will serve our nation, once again, suggest the absence of a quorum. with distinction. do it again, this time not before a platoon, but before every man and woman and their The PRESIDING OFFICER. The Make no mistake, difficult chal- families in the Armed Services. clerk will call the roll. lenges lie ahead. We are transitioning Facing Senator Hagel, he said this: The bill clerk proceeded to call the out of Afghanistan, but its future re- roll. mains uncertain, and the threat of You will lead them. And they will know in their hearts we have one of our own. The PRESIDING OFFICER. The Sen- global terror endures, particularly in ator from Michigan. Earlier today the Senate acted in a North Africa. We are on the verge of Mr. LEVIN. Mr. President, I ask bipartisan fashion in voting to end the seeing massive cuts to the Pentagon’s unanimous consent that the order for filibuster of this nomination by a very budget due to sequestration, which will the quorum call be rescinded. substantial vote. negatively impact readiness and the The PRESIDING OFFICER. Without If confirmed, Senator Hagel would be defense industrial base. The nuclear objection, it is so ordered. the first former enlisted man and the programs of Iran and North Korea Mr. LEVIN. Mr. President, I ask for first veteran of the Vietnam war to move forward, and new tests and provo- the yeas and nays. serve as Secretary of Defense. This cations continue, including in areas The PRESIDING OFFICER. Is there a background gives Senator Hagel an in- such as cybersecurity. sufficient second? valuable perspective not only with re- In my view, Senator Hagel has the There appears to be a sufficient sec- spect to the difficult decisions and rec- insight, experience, and know-how to ond. ommendations a Secretary of Defense take on this daunting agenda and help The question is, Shall the Senate ad- must make regarding the use of force protect American lives and U.S. na- vise and consent to the nomination of and the commitment of U.S. troops tional security interests. I look for- Charles Timothy Hagel, of Nebraska, overseas but also with respect to the ward to supporting his nomination as to be Secretary of Defense. day-to-day decisions a Secretary must the next Secretary of Defense, and I The clerk will call the roll. make to ensure that our men and urge my colleagues to do the same. The legislative clerk called the roll. women in uniform and their families Mr. LEVIN. Mr. President, is the re- The PRESIDING OFFICER (Ms. WAR- receive the support and assistance they mainder of the time reserved for the REN). Are there any other Senators in need and deserve. Hagel nomination or is it just open? the Chamber desiring to vote? Our country faces major challenges. The PRESIDING OFFICER. It is. Mr. DURBIN. I announce that the Abroad, we face challenges from Af- There is 20 minutes, with 10 minutes on Senator from New Jersey (Mr. LAUTEN- ghanistan, where the Department of each side. BERG) is necessarily absent. Defense faces key decisions about the Mr. LEVIN. And the vote is to take The result was announced—yeas 58, pace of the drawdown between now and place at 4:30? nays 41, as follows: The PRESIDING OFFICER. Yes. the end of 2014, decisions about the size [Rollcall Vote No. 24 Ex.] Mr. LEVIN. And the time is evenly and the composition of a residual force, divided? and decisions about the terms and con- YEAS—58 The PRESIDING OFFICER. I think it ditions for our ongoing presence in Af- Baldwin Donnelly Klobuchar Baucus Durbin Landrieu is safe to say that is accurate. ghanistan after 2014. Begich Feinstein Leahy Mr. LEVIN. Mr. President, 5 weeks Elsewhere overseas, we face the ongo- Bennet Franken Levin ago Senator Hagel was warmly intro- ing threat of Iran’s nuclear weapons Blumenthal Gillibrand Manchin duced at his nomination hearing by program, the destruction and insta- Boxer Hagan McCaskill Brown Harkin Menendez two former chairmen of the Senate bility caused by Syria’s civil war, and Cantwell Heinrich Merkley Armed Services Committee, Senator the outgrowth of al-Qaida affiliates in Cardin Heitkamp Mikulski Sam Nunn and Senator John Warner, ungoverned regions, including Yemen, Carper Hirono Murphy Casey Johanns Murray who represent the best bipartisan tra- Somalia, and north Africa. Cochran Johnson (SD) Nelson dition of the Senate and our com- We also face extremely difficult Coons Kaine Paul mittee. As a matter of fact, the Pre- issues here at home. We have been Cowan King Pryor

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 26, 2013 CONGRESSIONAL RECORD — SENATE S847 Reed Shaheen Warner cation resources. One thousand work- reduce our deficit. House Republicans Reid Shelby Warren ers cleaning up dangerous nuclear ma- have put forward a plan that does the Rockefeller Stabenow Whitehouse Sanders Tester Wyden terial at the Hanford nuclear site could exact opposite. They passed a bill—last Schatz Udall (CO) be furloughed for weeks. And Wash- Congress, I might add—that would re- Schumer Udall (NM) ington State’s military bases could place only the automatic defense cuts. NAYS—41 face hundreds of millions in cuts to It would force struggling, hard-working Alexander Enzi McConnell crucial areas such as new aircraft ac- families and seniors to bear the burden Ayotte Fischer Moran quisition, research and development, of deficit reduction. Their bill didn’t Barrasso Flake Murkowski flying hours, and ship operations. even include a penny of new revenue, Blunt Graham Portman We are days away from allowing and it is unclear if it would even be Boozman Grassley Risch Burr Hatch Roberts these kinds of impacts to begin in able to pass the House this Congress if Chambliss Heller Rubio every one of our home States. We never they brought it up for a vote. Coats Hoeven Scott should have reached this point, but What the House Republicans offered, Coburn Inhofe Sessions Collins Isakson there is no denying that we have. We in other words, was more of the same Thune Corker Johnson (WI) are days away from sequestration be- extreme and partisan approach that Toomey Cornyn Kirk cause my Republican colleagues con- has led American families and our Crapo Lee Vitter Cruz McCain Wicker tinue to insist that while it is fine to economy from one crisis to another cri- cut programs that families and com- sis to another. It is what we saw actu- NOT VOTING—1 munities depend on, the wealthiest ally when Republicans held up funding Lautenberg Americans shouldn’t have to make any for the Federal Aviation Administra- The nomination was confirmed. further contributions to deficit reduc- tion, stalling airport construction The PRESIDING OFFICER. Under tion. projects and putting tens of thousands the previous order, the motion to re- The last few years have been very dif- of workers’ jobs at risk. It is what we consider is considered made and laid ficult ones for bipartisanship, but I saw during the debt ceiling debate upon the table. truly believe all of us know there is a when tea party Republicans held our The President shall be immediately smarter way to reduce our debt and economy hostage, fighting for fiscal notified of the Senate’s action. deficit. We can do better than throwing policies that economists across the up our hands and permitting these spectrum said were hugely irrespon- f across-the-board cuts to go into effect. sible. It is what we saw less than 2 LEGISLATIVE SESSION And we know the American people de- months ago when Republicans waited The PRESIDING OFFICER. The Sen- serve better. until the very last minute to protect 98 ate will resume legislative session. That is exactly why Democrats have percent of Americans from income tax The Senator from Washington. put forward a credible, responsible plan hikes. to replace sequestration. Our legisla- This strategy, which puts a wrong- f tion builds on the precedent set in the headed ideology above American fami- MORNING BUSINESS yearend deal, and it is in line with the lies and our economy, just doesn’t balanced approach the American peo- work. And Republicans’ latest strat- Mrs. MURRAY. Madam President, I ple favor. It would replace half of the egy—to just let sequester happen—is ask unanimous consent that the Sen- first year of sequestration with respon- even worse. In fact, as tea party Repub- ate proceed to a period of morning sible spending cuts and half of it with licans in the House cheer on the se- business, with Senators permitted to revenue from those who can afford it quester, here is what is being produced speak for up to 10 minutes each. the most. Our bill calls on the wealthi- by companies in States all across the The PRESIDING OFFICER. Without est Americans to pay at least the same country. This is called a ‘‘warn no- objection, it is so ordered. marginal tax rate on their income as tice,’’ but that is just Washington-talk The Senator from Washington. our middle-income families pay, and it for what it really is. It is a layoff no- f would eliminate needless tax breaks tice or a furlough notice. If Repub- for oil and gas companies and compa- licans choose to block a balanced ap- SEQUESTRATION nies shipping jobs overseas. At the proach to replace the sequester, this is Mrs. MURRAY. Madam President, same time, our replacement package what is going to begin arriving in a one of my colleagues recently said would make responsible cuts. Our bill matter of days at the doorsteps of something that, after a week at home would eliminate direct payments to workers in our country. This piece of with my constituents, I am sure we are farmers which have been paid out even paper, which looks like this, is going to all feeling. Referring to the across-the- during good times and for crops farm- spell serious economic setbacks for our board cuts from sequestration that are ers weren’t even growing. As the draw- families, for their ability to send their just days from going into effect, he down from Afghanistan is completed, kids to college, and for the economy of said: ‘‘When it’s in your State or your our bill will make adjustments to our their communities. This will be the backyard, it’s devastating.’’ I think military that are in line with a strong consequence of Republicans’ complete that is exactly right. They would be 21st-century strategy. unwillingness today to compromise. devastating for our families, our na- Our legislation meets the Repub- I think we can all agree our workers tional defense, and our economy. licans halfway. It will protect families should not have to worry about polit- But these cuts can be avoided if Con- and communities we represent from ical posturing, putting their jobs at gress comes together on a balanced re- slower economic growth, fewer jobs, risk. Businesses should not have to placement. We should replace the se- and weakened national defense. It think about elected officials holding questration in a balanced way, and would allow us to move past sequestra- the economy hostage to advance ex- then we should move forward on a fair, tion toward working on a fair, com- treme ideology. And families should comprehensive budget deal that pro- prehensive budget deal that provides not have to wonder one month what vides certainty for our families and certainty for American businesses and their paychecks will look like the next businesses. families. month, just because of a debate here in I know my constituents in Wash- My Republican colleagues will say Washington, DC. ington State want to see a deal because that the yearend deal closed the door So I wish to ask my Republican col- if we are unable to find a fair replace- on using revenue to bring down the def- leagues to seriously—seriously—con- ment for sequestration, everything, icit. They will say that all we need is sider our proposal. Replacing the se- from our military bases to our schools, spending cuts. That is not how the quester with evenly divided spending is going to be affected. Twenty-nine American people see it. More than a cuts and revenues—a balanced ap- thousand local civilian defense employ- month after the yearend deal, 76 per- proach that Americans support—would ees could be furloughed. Thousands of cent of Americans and 56 percent of Re- put us on a path to end this pattern of Washington students could lose access publicans favored a combination of governing by crisis for all our constitu- to Head Start services and basic edu- spending cuts and revenue increases to ents. That will allow us to get to work

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S848 CONGRESSIONAL RECORD — SENATE February 26, 2013 on a long-term budget agreement that church. Ramona loves country music, the ropes over the past 6 years. I thank is fair to the middle class, that gets and I think that is a big reason she has you for your friendship. I wish you and our debt and deficit under control, and adopted Tennessee as her second home Joe the very best in the years to come. reflects the values and priorities of the State. I know when the time comes, Ten- American people. I have learned that it is not too hard nessee, your second home State, will The American people want a bal- to know where you stand with Ramona. welcome you to retirement with open anced deal. They want us to manage Occasionally, I will make a request or arms. our finances. They want us to put to- a suggestion, and Ramona responds I yield the floor. gether a budget and move forward. We with a certain expression—it is a polite I suggest the absence of a quorum. want to do that. We want to get out of term for a look of disapproval. I know The PRESIDING OFFICER. The this ‘‘crisis by crisis.’’ The program we exactly where I stand and sometimes— clerk will call the roll. are offering to replace the sequester for candidly, often—I recalibrate my posi- The assistant legislative clerk pro- this year will allow us to get back to tion or request. ceeded to call the roll. that process and begin to manage our I have learned that Ramona is a huge Mr. BROWN. I ask unanimous con- country in a better way. sports fan. If the Masters or the U.S. sent that the order for the quorum call So I hope our Republican colleagues Open is on, I am not going to interrupt be rescinded. join us in this and help us move to a her. She also loves football, and that is The PRESIDING OFFICER. Without place where we can assure the Amer- appropriate because I have also learned objection, it is so ordered. ican public that we do care about their that she is a master of the audible. f future and their finances and the frag- In 2008, I was heavily involved in an BLACK HISTORY MONTH effort to bring Volkswagen’s U.S. pro- ile economy we are now facing. Mr. BROWN. Throughout this month, duction facility to Chattanooga. Just I yield the floor. students across my State, across Ohio, The PRESIDING OFFICER. The Sen- before one of the final meetings in Ten- are reciting speeches by Sojourner ator from Tennessee. nessee, a plane full of decisionmakers Truth, Frederick Douglass, and Dr. was stuck on the tarmac in Germany f Martin Luther King, Jr., to commemo- without clearance to land in the United rate Black History Month. TRIBUTE TO RAMONA LESSEN States—some kind of paperwork issue. Dr. Carter Woodson started what was Mr. CORKER. Madam President, I Anybody who has been involved in a originally called Negro History Week came to the U.S. Senate in 2006, and I major recruitment effort knows that in in February between the birthdays of was the only new Republican elected to something like this, even a small President Abraham Lincoln and Fred- the Senate that year. Many people con- glitch can be a major setback. The erick Douglass. Dr. Woodson initiated sidered that a great accomplishment. Volkswagen folks called me. I talked the weeklong tribute to incorporate But my greatest accomplishment of with Ramona. I am not entirely sure the legacies, images, and historical 2006 was convincing Ramona Lessen— what she did, but I know it was all to- contributions of African Americans who is sitting with us today—to put off tally legal and aboveboard. At one into the greater American story. retirement for a few more years and point, she was sitting there jockeying Today, people throughout the United stay on as my scheduler and executive several phone calls on the switchboard States celebrate African-American His- assistant. And after 6 years in Wash- and literally talking the plane off the tory Month to ensure all American sto- ington, I know without a doubt that runway in Germany. What I do know ries are recognized. Ohio has been the the biggest success of my first term is for sure is that the Volkswagen execu- scene for which many of these chapters that Ramona did not fire me—until tives landed in the United States high- were written. now. ly impressed with Ramona Lessen. And In Mount Pleasant, OH, the first Ramona is retiring this week after 34 shortly thereafter they chose Chat- antislavery gazette newspaper in the years. I am told that she violated child tanooga for their U.S. production facil- United States, the Philanthropist, was labor laws by starting work when she ity. published in 1817. The Ohio Anti-Slav- was 5 years old. That was a home run, no doubt. But ery Society was founded in Zanesville Ramona came to the Senate in 1979 I think Ramona’s greatest contribution in 1835. My home State has played a to work for Senator Larry Pressler is her ability to make a staff a family rich role in American history, as have from her native South Dakota. She and an office a home. Ramona makes so many Ohioans. worked for Senator Pressler for 16 sure we are celebrating each other—ba- Every new U.S. passport includes the years, plus 2 more when he was in the bies being born, people getting mar- words of a formerly enslaved Oberlin House. ried, and life in general. At Christmas- College graduate Dr. Anna Julia Coo- When Ramona began working in the time, she makes sure the office is deco- per. If you have a passport, you will see Senate in 1979, Jimmy Carter was rated and filled with Christmas music. her words: President, Robert Byrd was the major- Her favorite moments in the office are The cause of freedom is not the cause of a ity leader, and Howard Baker was the when someone brings in a baby or a race or a sect, a party or a class—it is the Republican leader. And probably most child. That child learns quickly, as we cause of humankind, the very birthright of relevant to Ramona, ESPN started all do, that Ramona keeps a basket of humanity. broadcasting, Post-It notes were in- candy on her desk. And there is a good In Yellow Springs, OH, a young vented, and one of the most popular chance that child’s picture is on Ramo- music student at Antioch College, songs was Gloria Gaynor’s ‘‘I Will Sur- na’s cherished bulletin board. Her loud, Coretta Scott, would later work along- vive.’’ She has not only survived but infectious laugh is a staple at staff side her husband, Dr. Martin Luther thrived in the U.S. Senate for more gatherings. It will be sorely missed. King, for social and economic justice in than three decades. There is a memorable scene in the our country. In 1994, she took another new Ten- movie ‘‘The Queen’’ where Queen Eliza- Former Wilberforce University stu- nessee Senator named Bill Frist under beth tells Prime Minister Tony Blair: dent Bayard Rustin was the lead strat- her wing. She worked for Senator Frist ‘‘You are my tenth Prime Minister, Mr. egist of the 1963 March on Washington for 12 years. And then, in 2006, I con- Blair.’’ I am proud to have been Ra- for Jobs and Freedom. vinced her to work in our office for just mona Lessen’s third Senator. Senators The only living American with a 1 year. That year has turned into 6. come and go, but for 34 years Ramona Nobel Prize in Literature, Toni Morri- In that time, Ramona has learned a Lessen has been a constant in the Sen- son, was born and raised in Lorain, OH. lot about me, but I have learned a ate. The Senate is better for it. Our Akronite Rita Dove served as the whole lot about her. I have learned country and Tennessee are better for Poet Laureate of the United States. that Ramona loves music. In fact, her it. I know Senator Pressler and Sen- Today, in classrooms and commu- first job was as a high school band di- ator Frist are better for it. Our staffs nities across the State—and across the rector. She is a great piano player. She are better for it. And I am better for it. Nation—the next generation of Ohioans has played the piano in my home and Ramona, I thank you for taking pity is starting to make its mark on Amer- at staff gatherings. She plays for her on a new Senator and for showing me ican history.

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 26, 2013 CONGRESSIONAL RECORD — SENATE S849 ELIMINATING OLYMPIC Wrestling has a proud tradition in my have printed in the RECORD the rules of WRESTLING State, in the United States, and has a the Committee on Armed Services. Mr. BROWN. Madam President, I rise proud tradition around the world. The There being no objection, the mate- in support of a great sport with a great IOC should not ratify this preliminary rial was ordered to be printed in the tradition in our Nation, especially in decision by its executive board. It RECORD, as follows: Ohio. Unfortunately, the sport of wres- should continue its efforts to remain RULES OF PROCEDURE OF THE tling may be put on the sidelines at the relevant for all athletes and commu- COMMITTEE ON ARMED SERVICES Olympic games. nities around the world. 1. REGULAR MEETING DAY—The Committee Citing ‘‘an effort to ensure the Olym- I suggest the absence of a quorum. shall meet at least once a month when Con- pic games remain relevant to sports The PRESIDING OFFICER. The gress is in session. The regular meeting days clerk will call the roll. of the Committee shall be Tuesday and fans of all generations,’’ the Inter- Thursday, unless the Chairman, after con- national Olympic Committee—the or- The assistant legislative clerk pro- sultation with the Ranking Minority Mem- ganization that controls the Olym- ceeded to call the roll. ber, directs otherwise. pics—voted to eliminate wrestling Mr. REID. Madam President, I ask 2. ADDITIONAL MEETINGS—The Chairman, from the summer games after the 2016 unanimous consent that the order for after consultation with the Ranking Minor- Olympics. They want to end wrestling, the quorum call be rescinded. ity Member, may call such additional meet- one of the original Olympic games, The PRESIDING OFFICER. Without ings as he deems necessary. objection, it is so ordered. 3. SPECIAL MEETINGS—Special meetings of while keeping other games that, frank- the Committee may be called by a majority ly, lack the central role wrestling has f of the members of the Committee in accord- played in its accessibility to all ath- S. 388—MOTION TO PROCEED ance with paragraph 3 of Rule XXVI of the letes wherever they live. Standing Rules of the Senate. Many of these are young people who Mr. REID. I now move to proceed to 4. OPEN MEETINGS—Each meeting of the lack access. Many of them want and do Calendar No. 18, S. 388. Committee, or any subcommittee thereof, compete in wrestling at the high school The PRESIDING OFFICER. The including meetings to conduct hearings, level, the intercollegiate level or per- clerk will report the motion. shall be open to the public, except that a The legislative clerk read as follows: meeting or series of meetings by the Com- haps at the Olympic level but lack ac- mittee or a subcommittee thereof on the cess to fancy equipment or specialized Motion to proceed to Calendar No. 18, S. same subject for a period of no more than training. They simply want to compete 388, a bill to appropriately limit sequestra- fourteen (14) calendar days may be closed to at a sport perhaps almost as old as hu- tion, to eliminate tax loopholes, and for the public on a motion made and seconded to manity. other purposes. go into closed session to discuss only wheth- Wrestling has opened doors for work- CLOTURE MOTION er the matters enumerated below in clauses ing and middle-class youngsters from Mr. REID. Madam President, I have a (a) through (f) would require the meeting to Ohio and around the country. That is cloture motion which is at the desk. be closed, followed immediately by a record The PRESIDING OFFICER. The clo- vote in open session by a majority of the why I recently introduced a Senate res- members of the Committee or subcommittee olution opposing the elimination of ture motion having been presented when it is determined that the matters to be wrestling from the Olympics beginning under rule XXII, the Chair directs the discussed or the testimony to be taken at in 2020. On behalf of thousands of high clerk to read the motion. such meeting or meetings— school students and two 2012 Olym- The legislative clerk read as follows: (a) will disclose matters necessary to be pians with Ohio connections, I am ask- CLOTURE MOTION kept secret in the interests of national de- fense or the confidential conduct of the for- ing the Olympics committee to recon- We, the undersigned Senators, in accord- eign relations of the United States; sider putting a stranglehold on one of ance with the provisions of rule XXII of the (b) will relate solely to matters of Com- the original Olympic sports. Standing Rules of the Senate, hereby move mittee staff personnel or internal staff man- Wrestling has been a sport far longer to bring to a close debate on the motion to agement or procedure; than the International Olympic Com- proceed to Calendar No. 18, S. 388, a bill to (c) will tend to charge an individual with a mittee has been in existence. In addi- appropriately limit sequestration, to elimi- crime or misconduct, to disgrace or injure tion to the ancient Egyptians and nate tax loopholes, and for other purposes. the professional standing of an individual, or Harry Reid, Barbara A. Mikulski, Patty Greeks and Romans, our Nation has a otherwise to expose an individual to public Murray, Sheldon Whitehouse, Mark contempt or obloquy or will represent a long history with wrestling. President Begich, Kirsten E. Gillibrand, Jack Lincoln was a wrestler, and two Ohio- clearly unwarranted invasion of the privacy Reed, Sherrod Brown, Patrick J. of an individual; born Presidents, Ulysses S. Grant and Leahy, Robert P. Casey, Jr., Richard J. (d) will disclose the identity of any in- William Howard Taft, were wrestlers. Durbin, Jeanne Shaheen, Richard former or law enforcement agent or will dis- One of our former colleagues—beloved Blumenthal, Benjamin L. Cardin, close any information relating to the inves- in many ways—my friend Paul Charles E. Schumer, Barbara Boxer, tigation or prosecution of a criminal offense Wellstone of Minnesota was inducted Debbie Stabenow. that is required to be kept secret in the in- into the National Wrestling Hall of Mr. REID. I ask that the quorum call terests of effective law enforcement; Fame in 2000. under rule XXII be waived. (e) will disclose information relating to the trade secrets or financial or commercial in- At the time of his induction, he said: The PRESIDING OFFICER. Without objection, it is so ordered. formation pertaining specifically to a given Wrestling has always been a big thing for person if— me. I’ve had a love affair with the sport for f (1) an Act of Congress requires the infor- most of my life. It helped me as a kid. I got MORNING BUSINESS mation to be kept confidential by Govern- in some trouble, then I found a sport I was ment officers and employees; or good at, and that transferred to better things Mr. REID. Madam President, I ask (2) the information has been obtained by in other areas. unanimous consent that the Senate the Government on a confidential basis, The same is true for some 11,000 high proceed to a period of morning business other than through an application by such school wrestlers and students at 4 uni- with Senators permitted to speak for person for a specific Government financial or other benefit, and is required to be kept se- versities with 17 NCAA wrestling pro- up to 10 minutes each. grams in my home State. From youth cret in order to prevent undue injury to the The PRESIDING OFFICER. Without competitive position of such person; or wrestling camps to high school meets objection, it is so ordered. (f) may divulge matters required to be kept such as the renowned J.C. Gorman In- f confidential under other provisions of law or vitational in my hometown of Mans- Government regulations. field, to the NCAA tournaments, stu- COMMITTEE ON ARMED SERVICES 5. PRESIDING OFFICER—The Chairman shall dents from Ohio learn the strength, the preside at all meetings and hearings of the discipline, and focus that allow Committee except that in his absence the grapplers to exceed both on the mat RULES OF PROCEDURE Ranking Majority Member present at the meeting or hearing shall preside unless by and beyond. Mr. LEVIN. Madam President, pursu- majority vote the Committee provides other- Wrestling is accessible for working- ant to the requirements of paragraph 2 wise. class athletes, unlike some of the of Rule XXVI of the Standing Rules of 6. QUORUM—(a) A majority of the members sports protected in the IOC’s decision. the Senate, I ask unanimous consent to of the Committee are required to be actually

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S850 CONGRESSIONAL RECORD — SENATE February 26, 2013 present to report a matter or measure from mittee at least 48 hours (not including week- SELECT COMMITTEE ON the Committee. (See Standing Rules of the ends or holidays) before the hearing. INTELLIGENCE Senate 26.7(a)(1)). (f) Confidential testimony taken or con- (b) Except as provided in subsections (a) fidential material presented in a closed hear- and (c), and other than for the conduct of ing of the Committee or subcommittee or RULES OF PROCEDURE hearings, nine members of the Committee, any report of the proceedings of such hearing Mrs. FEINSTEIN. Madam President, including one member of the minority party; shall not be made public in whole or in part or a majority of the members of the Com- or by way of summary unless authorized by the Select Committee on Intelligence mittee, shall constitute a quorum for the a majority vote of the Committee or sub- has adopted rules governing its proce- transaction of such business as may be con- committee. dures for the 113th Congress. Pursuant sidered by the Committee. (g) Any witness summoned to give testi- to rule XXVI, paragraph 2, of the (c) Three members of the Committee, one mony or evidence at a public or closed hear- Standing Rules of the Senate, on behalf of whom shall be a member of the minority ing of the Committee or subcommittee may of myself and Senator SAXBY CHAM- party, shall constitute a quorum for the pur- be accompanied by counsel of his own choos- pose of taking sworn testimony, unless oth- BLISS, I ask unanimous consent that a ing who shall be permitted at all times dur- erwise ordered by a majority of the full Com- copy of the Committee Rules be print- ing such hearing to advise such witness of mittee. ed in the RECORD. his legal rights. (d) Proxy votes may not be considered for There being no objection, the mate- the purpose of establishing a quorum. (h) Witnesses providing unsworn testimony rial was ordered to be printed in the to the Committee may be given a transcript 7. PROXY VOTING—Proxy voting shall be al- RECORD, as follows: lowed on all measures and matters before the of such testimony for the purpose of making minor grammatical corrections. Such wit- RULES OF PROCEDURE OF THE SELECT Committee. The vote by proxy of any mem- COMMITTEE ON INTELLIGENCE ber of the Committee may be counted for the nesses will not, however, be permitted to RULE 1. CONVENING OF MEETINGS purpose of reporting any measure or matter alter the substance of their testimony. Any to the Senate if the absent member casting question involving such corrections shall be 1.1. The regular meeting day of the Select such vote has been informed of the matter on decided by the Chairman. Committee on Intelligence for the trans- which the member is being recorded and has 11. NOMINATIONS—Unless otherwise ordered action of Committee business shall be every affirmatively requested that he or she be so by the Committee, nominations referred to other Tuesday of each month, unless other- recorded. Proxy must be given in writing. the Committee shall be held for at least wise directed by the Chairman. 1.2. The Chairman shall have authority, 8. ANNOUNCEMENT OF VOTES—The results of seven (7) days before being voted on by the upon notice, to call such additional meetings all roll call votes taken in any meeting of Committee. Each member of the Committee of the Committee as the Chairman may the Committee on any measure, or amend- shall be furnished a copy of all nominations deem necessary and may delegate such au- ment thereto, shall be announced in the referred to the Committee. thority to any other member of the Com- Committee report, unless previously an- 12. REAL PROPERTY TRANSACTIONS—Each mittee. nounced by the Committee. The announce- member of the Committee shall be furnished 1.3. A special meeting of the Committee ment shall include a tabulation of the votes with a copy of the proposals of the Secre- may be called at any time upon the written cast in favor and votes cast in opposition to taries of the Army, Navy, and Air Force, sub- request of five or more members of the Com- each such measure and amendment by each mitted pursuant to 10 U.S.C. 2662 and with a mittee filed with the Clerk of the Com- member of the Committee who was present copy of the proposals of the Director of the mittee. at such meeting. The Chairman, after con- Federal Emergency Management Agency, 1.4. In the case of any meeting of the Com- sultation with the Ranking Minority Mem- submitted pursuant to 50 U.S.C. App. 2285, re- mittee, other than a regularly scheduled ber, may hold open a roll call vote on any garding the proposed acquisition or disposi- meeting, the Clerk of the Committee shall measure or matter which is before the Com- tion of property of an estimated price or notify every member of the Committee of mittee until no later than midnight of the rental of more than $50,000. Any member of the time and place of the meeting and shall day on which the Committee votes on such the Committee objecting to or requesting in- give reasonable notice which, except in ex- measure or matter. formation on a proposed acquisition or dis- traordinary circumstances, shall be at least 9. SUBPOENAS—Subpoenas for attendance of posal shall communicate his objection or re- 24 hours in advance of any meeting held in witnesses and for the production of memo- quest to the Chairman of the Committee Washington, D.C. and at least 48 hours in the randa, documents, records, and the like may within thirty (30) days from the date of sub- case of any meeting held outside Wash- be issued, after consultation with the Rank- mission. ington, D.C. ing Minority Member, by the Chairman or 13. LEGISLATIVE CALENDAR—(a) The clerk 1.5. If five members of the Committee have any other member designated by the Chair- of the Committee shall keep a printed cal- made a request in writing to the Chairman man, but only when authorized by a major- endar for the information of each Committee to call a meeting of the Committee, and the ity of the members of the Committee. The member showing the bills introduced and re- Chairman fails to call such a meeting within subpoena shall briefly state the matter to ferred to the Committee and the status of seven calendar days thereafter, including the which the witness is expected to testify or such bills. Such calendar shall be revised day on which the written notice is sub- the documents to be produced. from time to time to show pertinent changes mitted, these members may call a meeting 10. HEARINGS—(a) Public notice shall be in such bills, the current status thereof, and by filing a written notice with the Clerk of given of the date, place and subject matter of new bills introduced and referred to the the Committee who shall promptly notify any hearing to be held by the Committee, or Committee. A copy of each new revision each member of the Committee in writing of any subcommittee thereof, at least 1 week in shall be furnished to each member of the the date and time of the meeting. advance of such hearing, unless the Com- Committee. RULE 2. MEETING PROCEDURES mittee or subcommittee determines that (b) Unless otherwise ordered, measures re- 2.1. Meetings of the Committee shall be good cause exists for beginning such hear- ferred to the Committee shall be referred by open to the public except as provided in ings at an earlier time. the clerk of the Committee to the appro- paragraph 5(b) of Rule XXVI of the Standing (b) Hearings may be initiated only by the priate department or agency of the Govern- Rules of the Senate. specified authorization of the Committee or ment for reports thereon. 2.2. It shall be the duty of the Staff Direc- subcommittee. tor to keep or cause to be kept a record of all 14. Except as otherwise specified herein, (c) Hearings shall be held only in the Dis- Committee proceedings. the Standing Rules of the Senate shall gov- trict of Columbia unless specifically author- 2.3. The Chairman of the Committee, or if ized to be held elsewhere by a majority vote ern the actions of the Committee. Each sub- the Chairman is not present the Vice Chair- of the Committee or subcommittee con- committee of the Committee is part of the man, shall preside over all meetings of the ducting such hearings. Committee, and is therefore subject to the Committee. In the absence of the Chairman (d) The Chairman of the Committee or sub- Committee’s rules so far as applicable. and the Vice Chairman at any meeting, the committee shall consult with the Ranking 15. POWERS AND DUTIES OF SUBCOMMIT- ranking majority member, or if no majority Minority Member thereof before naming wit- TEES—Each subcommittee is authorized to member is present the ranking minority nesses for a hearing. meet, hold hearings, receive evidence, and member present, shall preside. (e) Witnesses appearing before the Com- report to the full Committee on all matters 2.4. Except as otherwise provided in these mittee shall file with the clerk of the Com- referred to it. Subcommittee chairmen, after Rules, decisions of the Committee shall be mittee a written statement of their proposed consultation with Ranking Minority Mem- by a majority vote of the members present testimony prior to the hearing at which they bers of the subcommittees, shall set dates for and voting. A quorum for the transaction of are to appear unless the Chairman and the hearings and meetings of their respective Committee business, including the conduct Ranking Minority Member determine that subcommittees after consultation with the of executive sessions, shall consist of no less there is good cause not to file such a state- Chairman and other subcommittee chairmen than one third of the Committee members, ment. Witnesses testifying on behalf of the with a view toward avoiding simultaneous except that for the purpose of hearing wit- Administration shall furnish an additional 50 scheduling of full Committee and sub- nesses, taking sworn testimony, and receiv- copies of their statement to the Committee. committee meetings or hearings whenever ing evidence under oath, a quorum may con- All statements must be received by the Com- possible. sist of one Senator.

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Any corrections the witness desires the Committee who is to exercise the proxy; mittee staff members. to make in the transcript shall be submitted and (3) is limited to a specific measure or RULE 7. SUBPOENAS in writing to the Committee within five days from the date when the transcript was made matter and any amendments pertaining Subpoenas authorized by the Committee thereto. Proxies shall not be considered for available to the witness. Corrections shall be for the attendance of witnesses or the pro- limited to grammar and minor editing, and the establishment of a quorum. duction of memoranda, documents, records, 2.6. Whenever the Committee by roll call may not be made to change the substance of or any other material may be issued by the vote reports any measure or matter, the re- the testimony. Any questions arising with Chairman, the Vice Chairman, or any mem- port of the Committee upon such measure or respect to such corrections shall be decided ber of the Committee designated by the matter shall include a tabulation of the by the Chairman. Upon request, the Com- Chairman, and may be served by any person votes cast in favor of and the votes cast in mittee may provide to a witness those parts designated by the Chairman, Vice Chairman opposition to such measure or matter by of testimony given by that witness in execu- or member issuing the subpoenas. Each sub- each member of the Committee. tive session which are subsequently quoted poena shall have attached thereto a copy of or made part of a public record, at the ex- RULE 3. SUBCOMMITTEES S. Res. 400 of the 94th Congress, and a copy pense of the witness. Creation of subcommittees shall be by ma- of these rules. 8.8. REQUESTS TO TESTIFY.—The Committee jority vote of the Committee. Subcommit- RULE 8. PROCEDURES RELATED TO THE TAKING will consider requests to testify on any mat- tees shall deal with such legislation and OF TESTIMONY ter or measure pending before the Com- oversight of programs and policies as the mittee. A person who believes that testi- 8.1. NOTICE.—Witnesses required to appear Committee may direct. The subcommittees mony or other evidence presented at a public shall be governed by the Rules of the Com- before the Committee shall be given reason- able notice and all witnesses shall be fur- hearing, or any comment made by a Com- mittee and by such other rules they may mittee member or a member of the Com- nished a copy of these Rules. adopt which are consistent with the Rules of mittee staff, may tend to affect adversely 8.2. OATH OR AFFIRMATION.—At the direc- the Committee. Each subcommittee created tion of the Chairman or Vice Chairman, tes- that person’s reputation, may request to ap- shall have a chairman and a vice chairman pear personally before the Committee to tes- timony of witnesses shall be given under who are selected by the Chairman and Vice tify or may file a sworn statement of facts oath or affirmation which may be adminis- Chairman, respectively. relevant to the testimony, evidence, or com- tered by any member of the Committee. ment, or may submit to the Chairman pro- RULE 4. REPORTING OF MEASURES OR 8.3. INTERROGATION.—Committee interroga- posed questions in writing for the cross-ex- RECOMMENDATIONS tion shall be conducted by members of the amination of other witnesses. The Com- 4.1. No measures or recommendations shall Committee and such Committee staff as are mittee shall take such action as it deems ap- be reported, favorably or unfavorably, from authorized by the Chairman, Vice Chairman, the Committee unless a majority of the propriate. or the presiding member. 8.9. CONTEMPT PROCEDURES.—No rec- Committee is actually present and a major- 8.4. COUNSEL FOR THE WITNESS.—(a) Any ommendation that a person be cited for con- ity concur. witness may be accompanied by counsel. A tempt of Congress or that a subpoena be oth- 4.2. In any case in which the Committee is witness who is unable to obtain counsel may erwise enforced shall be forwarded to the unable to reach a unanimous decision, sepa- inform the Committee of such fact. If the Senate unless and until the Committee has, rate views or reports may be presented by witness informs the Committee of this fact upon notice to all its members, met and con- any member or members of the Committee. at least 24 hours prior to his or her appear- sidered the recommendation, afforded the 4.3. A member of the Committee who gives ance before the Committee, the Committee person an opportunity to oppose such con- notice of intention to file supplemental, mi- shall then endeavor to obtain voluntary tempt or subpoena enforcement proceeding nority, or additional views at the time of counsel for the witness. Failure to obtain either in writing or in person, and agreed by final Committee approval of a measure or such counsel will not excuse the witness majority vote of the Committee to forward matter, shall be entitled to not less than from appearing and testifying. such recommendation to the Senate. three working days in which to file such (b) Counsel shall conduct themselves in an 8.10. RELEASE OF NAME OF WITNESS.—Un- views, in writing with the Clerk of the Com- ethical and professional manner. Failure to less authorized by the Chairman, the name mittee. Such views shall then be included in do so shall, upon a finding to that effect by of any witness scheduled to be heard by the the Committee report and printed in the a majority of the members present, subject Committee shall not be released prior to, or same volume, as a part thereof, and their in- such counsel to disciplinary action which after, appearing before the Committee. Upon clusion shall be noted on the cover of the re- may include warning, censure, removal, or a authorization by the Chairman to release the port. recommendation of contempt proceedings. name of a witness under this paragraph, the 4.4. Routine, non-legislative actions re- (c) There shall be no direct or cross-exam- Vice Chairman shall be notified of such au- quired of the Committee may be taken in ac- ination by counsel. However, counsel may thorization as soon as practicable thereafter. cordance with procedures that have been ap- submit any question in writing to the Com- No name of any witness shall be released if proved by the Committee pursuant to these mittee and request the Committee to pro- such release would disclose classified infor- Committee Rules. pound such question to the counsel’s client mation, unless authorized under Section 8 of RULE 5. NOMINATIONS or to any other witness. The counsel also S. Res. 400 of the 94th Congress or Rule 9.7. 5.1. Unless otherwise ordered by the Com- may suggest the presentation of other evi- RULE 9. PROCEDURES FOR HANDLING CLASSIFIED mittee, nominations referred to the Com- dence or the calling of other witnesses. The OR COMMITTEE SENSITIVE MATERIAL mittee shall be held for at least 14 days be- Committee may use or dispose of such ques- 9.1. Committee staff offices shall operate fore being voted on by the Committee. tions or suggestions as it deems appropriate. under strict precautions. At least one United 5.2. Each member of the Committee shall 8.5. STATEMENTS BY WITNESSES.—Witnesses States Capitol Police Officer shall be on duty be promptly furnished a copy of all nomina- may make brief and relevant statements at at all times at the entrance of the Com- tions referred to the Committee. the beginning and conclusion of their testi- mittee to control entry. Before entering the 5.3. Nominees who are invited to appear be- mony. Such statements shall not exceed a Committee office space all persons shall fore the Committee shall be heard in public reasonable period of time as determined by identify themselves and provide identifica- session, except as provided in Rule 2.1. the Chairman, or other presiding members. tion as requested. 5.4. No confirmation hearing shall be held Any witness required or desiring to make a 9.2. Classified documents and material sooner than seven days after receipt of the prepared or written statement for the record shall be stored in authorized security con- background and financial disclosure state- of the proceedings shall file a paper and elec- tainers located within the Committee’s Sen- ment unless the time limit is waived by a tronic copy with the Clerk of the Committee, sitive Compartmented Information Facility majority vote of the Committee. and insofar as practicable and consistent (SCIF). Copying, duplicating, or removing 5.5. The Committee vote on the confirma- with the notice given, shall do so at least 48 from the Committee offices of such docu- tion shall not be sooner than 48 hours after hours in advance of his or her appearance be- ments and other materials is prohibited ex- the Committee has received transcripts of fore the Committee. cept as is necessary for the conduct of Com- the confirmation hearing unless the time 8.6. OBJECTIONS AND RULINGS.—Any objec- mittee business, and in conformity with Rule limit is waived by unanimous consent of the tion raised by a witness or counsel shall be 10.3 hereof. All classified documents or mate- Committee. ruled upon by the Chairman or other pre- rials removed from the Committee offices for 5.6. No nomination shall be reported to the siding member, and such ruling shall be the such authorized purposes must be returned Senate unless the nominee has filed a back- ruling of the Committee unless a majority of to the Committee’s SCIF for overnight stor- ground and financial disclosure statement the Committee present overrules the ruling age. with the Committee. of the chair. 9.3. ‘‘Committee sensitive’’ means informa- RULE 6. INVESTIGATIONS 8.7. INSPECTION AND CORRECTION. —All wit- tion or material that pertains to the con- No investigation shall be initiated by the nesses testifying before the Committee shall fidential business or proceedings of the Se- Committee unless at least five members of be given a reasonable opportunity to inspect, lect Committee on Intelligence, within the

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The members of the Committee staff staff member; (4) properly identified or sion of the Committee may only be author- shall not discuss either the substance or pro- marked by a Committee member or staff ized in accordance with Section 8 of S. Res. cedure of the work of the Committee with member who authored the document; or (5) 400 of the 94th Congress. any person not a member of the Committee designated as such by the Chairman and Vice 9.8. Failure to abide by Rule 9.7 shall con- or the Committee staff for any purpose or in Chairman (or by the Staff Director and Mi- stitute grounds for referral to the Select connection with any proceeding, judicial or nority Staff Director acting on their behalf). Committee on Ethics pursuant to Section 8 otherwise, either during their tenure as a Committee sensitive documents and mate- of S. Res. 400 of the 94th Congress. Prior to member of the Committee staff or at any rials that are classified shall be handled in a referral to the Select Committee on Ethics time thereafter, except as directed by the the same manner as classified documents pursuant to Section 8 of S. Res. 400, the Committee in accordance with Section 8 of and material in Rule 9.2. Unclassified com- Chairman and Vice Chairman shall notify S. Res. 400 of the 94th Congress and the pro- mittee sensitive documents and materials the Majority Leader and Minority Leader. visions of these rules, or in the event of the shall be stored in a manner to protect 9.9. Before the Committee makes any deci- termination of the Committee, in such a against unauthorized disclosure. sion regarding the disposition of any testi- manner as may be determined by the Senate. 9.4. Each member of the Committee shall mony, papers, or other materials presented The Chairman may authorize the Staff Di- at all times have access to all papers and to it, the Committee members shall have a rector and the Staff Director’s designee, and other material received from any source. reasonable opportunity to examine all perti- the Vice Chairman may authorize the Minor- The Staff Director shall be responsible for nent testimony, papers, and other materials ity Staff Director and the Minority Staff Di- the maintenance, under appropriate security that have been obtained by the members of rector’s designee, to communicate with the media in a manner that does not divulge procedures, of a document control and ac- the Committee or the Committee staff. countability registry which will number and 9.10. Attendance of persons outside the classified or committee sensitive informa- identify all classified papers and other clas- Committee at closed meetings of the Com- tion. 10.6. No member of the Committee staff sified materials in the possession of the mittee shall be kept at a minimum and shall shall be employed by the Committee unless Committee, and such registry shall be avail- be limited to persons with appropriate secu- and until such a member of the Committee able to any member of the Committee. rity clearance and a need-to-know the infor- 9.5. Whenever the Select Committee on In- staff agrees in writing, as a condition of em- mation under consideration for the execu- telligence makes classified material avail- ployment, to abide by the conditions of the tion of their official duties. The Security Di- able to any other committee of the Senate or nondisclosure agreement promulgated by the rector of the Committee may require that to any member of the Senate not a member Select Committee on Intelligence, pursuant notes taken at such meetings by any person of the Committee, such material shall be ac- to Section 6 of S. Res. 400 of the 94th Con- in attendance shall be returned to the secure companied by a verbal or written notice to gress, and to abide by the Committee’s code storage area in the Committee’s offices at the recipients advising of their responsi- of conduct. the conclusion of such meetings, and may be bility to protect such materials pursuant to 10.7. As a precondition for employment on made available to the department, agency, section 8 of S. Res. 400 of the 94th Congress. the Committee staff, each member of the office, committee, or entity concerned only The Security Director of the Committee Committee staff must agree in writing to no- in accordance with the security procedures shall ensure that such notice is provided and tify the Committee of any request for testi- of the Committee. shall maintain a written record identifying mony, either during service as a member of the particular information transmitted and RULE 10. STAFF the Committee staff or at any time there- the committee or members of the Senate re- 10.1. For purposes of these rules, Com- after with respect to information obtained ceiving such information. mittee staff includes employees of the Com- by virtue of employment as a member of the 9.6. Access to classified information sup- mittee, consultants to the Committee, or Committee staff. Such information shall not plied to the Committee shall be limited to any other person engaged by contract or oth- be disclosed in response to such requests ex- those Committee staff members with appro- erwise to perform services for or at the re- cept as directed by the Committee in accord- priate security clearance and a need-to- quest of the Committee. To the maximum ance with Section 8 of S. Res. 400 of the 94th know, as determined by the Committee, and, extent practicable, the Committee shall rely Congress and the provisions of these rules or, under the Committee’s direction, the Staff on its full-time employees to perform all in the event of the termination of the Com- Director and Minority Staff Director. staff functions. No individual may be re- mittee, in such manner as may be deter- 9.7. No member of the Committee or of the tained as staff of the Committee or to per- mined by the Senate. 10.8. The Committee shall immediately Committee staff shall disclose, in whole or in form services for the Committee unless that consider action to be taken in the case of part or by way of summary, the contents of individual holds appropriate security clear- any member of the Committee staff who fails any classified or committee sensitive papers, ances. to conform to any of these Rules. Such dis- materials, briefings, testimony, or other in- 10.2. The appointment of Committee staff ciplinary action may include, but shall not formation in the possession of the Com- shall be approved by the Chairman and Vice be limited to, immediate dismissal from the mittee to any other person, except as speci- Chairman, acting jointly, or, at the initia- Committee staff. fied in this rule. Committee members and tive of both or either be confirmed by a ma- 10.9. Within the Committee staff shall be staff do not need prior approval to disclose jority vote of the Committee. After approval an element with the capability to perform classified or committee sensitive informa- or confirmation, the Chairman shall certify audits of programs and activities undertaken tion to persons in the Executive branch, the Committee staff appointments to the Finan- by departments and agencies with intel- members and staff of the House Permanent cial Clerk of the Senate in writing. No Com- ligence functions. The audit element shall Select Committee on Intelligence, and the mittee staff shall be given access to any conduct audits and oversight projects that members and staff of the Senate, provided classified information or regular access to have been specifically authorized by the that the following conditions are met: (1) for the Committee offices until such Committee Chairman and Vice Chairman of the Com- classified information, the recipients of the staff has received an appropriate security mittee, acting jointly through the Staff Di- information must possess appropriate secu- clearance as described in Section 6 of S. Res. rector and Minority Staff Director. Staff rity clearances (or have access to the infor- 400 of the 94th Congress. shall be assigned to such element jointly by mation by virtue of their office); (2) for all 10.3. The Committee staff works for the the Chairman and Vice Chairman, and staff information, the recipients of the informa- Committee as a whole, under the supervision with the principal responsibility for the con- tion must have a need-to-know such infor- of the Chairman and Vice Chairman of the duct of an audit shall be qualified by train- mation for an official governmental purpose; Committee. The duties of the Committee ing or experience in accordance with accept- and (3) for all information, the Committee staff shall be performed, and Committee ed auditing standards. members and staff who provide the informa- staff personnel affairs and day-to-day oper- 10.10. The workplace of the Committee tion must be engaged in the routine perform- ations, including security and control of shall be free from illegal use, possession, ance of Committee legislative or oversight classified documents and material, shall be sale, or distribution of controlled substances duties. Otherwise, classified and committee administered under the direct supervision by its employees. Any violation of such pol- sensitive information may only be disclosed and control of the Staff Director. All Com- icy by any member of the Committee staff to persons outside the Committee (to include mittee staff shall work exclusively on intel- shall be grounds for termination of employ- any congressional committee, Member of ligence oversight issues for the Committee. ment. Further, any illegal use of controlled Congress, congressional staff, or specified The Minority Staff Director and the Minor- substances by a member of the Committee non-governmental persons who support intel- ity Counsel shall be kept fully informed re- staff, within the workplace or otherwise, ligence activities) with the prior approval of garding all matters and shall have access to shall result in reconsideration of the secu- the Chairman and Vice Chairman of the all material in the files of the Committee. rity clearance of any such staff member and Committee, or the Staff Director and Minor- 10.4. The Committee staff shall assist the may constitute grounds for termination of ity Staff Director acting on their behalf, minority as fully as the majority in the ex- employment with the Committee.

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 26, 2013 CONGRESSIONAL RECORD — SENATE S853 10.11. All personnel actions affecting the activities and programs. In carrying out this ligence activities of the Defense Intelligence staff of the Committee shall be made free purpose, the Select Committee on Intel- Agency, the National Security Agency, and from any discrimination based on race, ligence shall make every effort to assure other agencies of the Department of Defense; color, religion, sex, national origin, age, that the appropriate departments and agen- the Department of State; the Department of handicap, or disability. cies of the United States provide informed Justice; and the Department of the Treas- RULE 11. PREPARATION FOR COMMITTEE and timely intelligence necessary for the ex- ury. MEETINGS ecutive and legislative branches to make (4) The organization or reorganization of 11.1. Under direction of the Chairman and sound decisions affecting the security and any department or agency of the Govern- the Vice Chairman designated Committee vital interests of the Nation. It is further the ment to the extent that the organization or staff members shall brief members of the purpose of this resolution to provide vigilant reorganization relates to a function or activ- Committee at a time sufficiently prior to legislative oversight over the intelligence ity involving intelligence activities. any Committee meeting to assist the Com- activities of the United States to assure that (5) Authorizations for appropriations, both mittee members in preparation for such such activities are in conformity with the direct and indirect, for the following: meeting and to determine any matter which Constitution and laws of the United States. (A) The Office of the Director of National SEC. 2. (a)(1) There is hereby established a the Committee member might wish consid- Intelligence and the Director of National In- select committee to be known as the Select ered during the meeting. Such briefing shall, telligence. Committee on Intelligence (hereinafter in at the request of a member, include a list of (B) The Central Intelligence Agency and this resolution referred to as the ‘‘select all pertinent papers and other materials that the Director of the Central Intelligence committee’’). The select committee shall be have been obtained by the Committee that Agency. composed of not to exceed fifteen Members bear on matters to be considered at the (C) The Defense Intelligence Agency. appointed as follows: meeting. (D) The National Security Agency. (A) two members from the Committee on 11.2. The Staff Director and/or Minority (E) The intelligence activities of other Appropriations; Staff Director shall recommend to the Chair- agencies and subdivisions of the Department (B) two members from the Committee on man and the Vice Chairman the testimony, of Defense. Armed Services; (F) The intelligence activities of the De- papers, and other materials to be presented (C) two members from the Committee on to the Committee at any meeting. The deter- partment of State. Foreign Relations; (G) The intelligence activities of the Fed- mination whether such testimony, papers, (D) two members from the Committee on eral Bureau of Investigation. and other materials shall be presented in the Judiciary; and (H) Any department, agency, or subdivi- open or executive session shall be made pur- (E) not to exceed seven members to be ap- sion which is the successor to any agency suant to the Rules of the Senate and Rules of pointed from the Senate at large. the Committee. (2) Members appointed from each com- named in clause (A), (B), (C) or (D); and the 11.3. The Staff Director shall ensure that mittee named in clauses (A) through (D) of activities of any department, agency, or sub- covert action programs of the U.S. Govern- paragraph (1) shall be evenly divided between division which is the successor to any de- ment receive appropriate consideration by the two major political parties and shall be partment, agency, bureau, or subdivision the Committee no less frequently than once appointed by the President pro tempore of named in clause (E), (F), or (G) to the extent a quarter. the Senate upon the recommendations of the that the activities of such successor depart- ment, agency, or subdivision are activities RULE 12. LEGISLATIVE CALENDAR majority and minority leaders of the Senate. described in clause (E), (F), or (G). 12.1. The Clerk of the Committee shall Of any members appointed under paragraph (b)(1) Any proposed legislation reported by maintain a printed calendar for the informa- (1)(E), the majority leader shall appoint the the select Committee except any legislation tion of each Committee member showing the majority members and the minority leader involving matters specified in clause (1), (2), measures introduced and referred to the shall appoint the minority members, with (5)(A), or (5)(B) of subsection (a), containing Committee and the status of such measures; the majority having a one vote margin. any matter otherwise within the jurisdiction nominations referred to the Committee and (3)(A) The majority leader of the Senate of any standing committee shall, at the re- their status; and such other matters as the and the minority leader of the Senate shall quest of the chairman of such standing com- Committee determines shall be included. The be ex officio members of the select com- mittee, be referred to such standing com- Calendar shall be revised from time to time mittee but shall have no vote in the Com- mittee for its consideration of such matter to show pertinent changes. A copy of each mittee and shall not be counted for purposes and be reported to the Senate by such stand- such revision shall be furnished to each of determining a quorum. ing committee within 10 days after the day member of the Committee. (B) The Chairman and Ranking Member of on which such proposed legislation, in its en- 12.2. Measures referred to the Committee the Committee on Armed Services (if not al- tirety and including annexes, is referred to may be referred by the Chairman and/or Vice ready a member of the select Committee) such standing committee; and any proposed Chairman to the appropriate department or shall be ex officio members of the select legislation reported by any committee, other agency of the Government for reports there- Committee but shall have no vote in the than the select Committee, which contains on. Committee and shall not be counted for pur- poses of determining a quorum. any matter within the jurisdiction of the se- RULE 13. COMMITTEE TRAVEL (b) At the beginning of each Congress, the lect Committee shall, at the request of the 13.1. No member of the Committee or Com- Majority Leader of the Senate shall select a chairman of the select Committee, be re- mittee Staff shall travel abroad on Com- chairman of the select Committee and the ferred to the select Committee for its consid- mittee business unless specifically author- Minority Leader shall select a vice chairman eration of such matter and be reported to the ized by the Chairman and Vice Chairman. for the select Committee. The vice chairman Senate by the select Committee within 10 Requests for authorization of such travel shall act in the place and stead of the chair- days after the day on which such proposed shall state the purpose and extent of the man in the absence of the chairman. Neither legislation, in its entirety and including an- trip. A full report shall be filed with the the chairman nor the vice chairman of the nexes, is referred to such committee. Committee when travel is completed. select committee shall at the same time (2) In any case in which a committee fails 13.2. No member of the Committee staff serve as chairman or ranking minority mem- to report any proposed legislation referred to shall travel within this country on Com- ber of any other committee referred to in it within the time limit prescribed in this mittee business unless specifically author- paragraph 4(e)(1) of rule XXV of the Standing subsection, such Committee shall be auto- ized by the Chairman and Vice Chairman. Rules of the Senate. matically discharged from further consider- RULE 14. CHANGES IN RULES (c) The select Committee may be organized ation of such proposed legislation on the 10th These Rules may be modified, amended, or into subcommittees. Each subcommittee day following the day on which such pro- repealed by the Committee, provided that a shall have a chairman and a vice chairman posed legislation is referred to such com- notice in writing of the proposed change has who are selected by the Chairman and Vice mittee unless the Senate provides otherwise, been given to each member at least 48 hours Chairman of the select Committee, respec- or the Majority Leader or Minority Leader prior to the meeting at which action thereon tively. request, prior to that date, an additional 5 is to be taken. SEC. 3. (a) There shall be referred to the se- days on behalf of the Committee to which lect committee all proposed legislation, mes- the proposed legislation was sequentially re- APPENDIX A sages, petitions, memorials, and other mat- ferred. At the end of that additional 5 day S. RES. 400, 94TH CONG., 2D SESS. (1976) ters relating to the following: period, if the Committee fails to report the Resolved, That it is the purpose of this res- (1) The Office of the Director of National proposed legislation within that 5 day pe- olution to establish a new select committee Intelligence and the Director of National In- riod, the Committee shall be automatically of the Senate, to be known as the Select telligence. discharged from further consideration of Committee on Intelligence, to oversee and (2) The Central Intelligence Agency and such proposed legislation unless the Senate make continuing studies of the intelligence the Director of the Central Intelligence provides otherwise. activities and programs of the United States Agency. (3) In computing any 10 or 5 day period Government, and to submit to the Senate ap- (3) Intelligence activities of all other de- under this subsection there shall be excluded propriate proposals for legislation and report partments and agencies of the Government, from such computation any days on which to the Senate concerning such intelligence including, but not limited to, the intel- the Senate is not in session.

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S854 CONGRESSIONAL RECORD — SENATE February 26, 2013 (4) The reporting and referral processes ment department or agency concerned and a five-day period following the day on which outlined in this subsection shall be con- the Committee on Rules and Administration, notice of such vote is transmitted to the Ma- ducted in strict accordance with the Stand- to use on a reimbursable basis the services of jority Leader and the Minority Leader and ing Rules of the Senate. In accordance with personnel of any such department or agency. the President, unless, prior to the expiration such rules, committees to which legislation (b) The chairman of the select committee of such five-day period, the President, per- is referred are not permitted to make or any member thereof may administer sonally in writing, notifies the committee changes or alterations to the text of the re- oaths to witnesses. that he objects to the disclosure of such in- ferred bill and its annexes, but may propose (c) Subpoenas authorized by the select formation, provides his reasons therefore, changes or alterations to the same in the committee may be issued over the signature and certifies that the threat to the national form of amendments. of the chairman, the vice chairman or any interest of the United States posed by such (c) Nothing in this resolution shall be con- member of the select committee designated disclosure is of such gravity that it out- strued as prohibiting or otherwise restrict- by the chairman, and may be served by any weighs any public interest in the disclosure. ing the authority of any other committee to person designated by the chairman or any (3) If the President, personally, in writing, study and review any intelligence activity to member signing the subpoenas. notifies the Majority Leader and Minority the extent that such activity directly affects SEC. 6. No employee of the select com- Leader of the Senate and the select Com- a matter otherwise within the jurisdiction of mittee or any person engaged by contract or mittee of his objections to the disclosure of such committee. otherwise to perform services for or at the such information as provided in paragraph (d) Nothing in this resolution shall be con- request of such committee shall be given ac- (2), the Majority Leader and Minority Leader strued as amending, limiting, or otherwise cess to any classified information by such jointly or the select Committee, by majority changing the authority of any standing com- committee unless such employee or person vote, may refer the question of the disclo- mittee of the Senate to obtain full and has (1) agreed in writing and under oath to sure of such information to the Senate for prompt access to the product of the intel- be bound by the rules of the Senate (includ- consideration. ligence activities of any department or agen- ing the jurisdiction of the Select Committee (4) Whenever the select committee votes to cy of the Government relevant to a matter on Ethics) and of such committee as to the refer the question of disclosure of any infor- otherwise within the jurisdiction of such security of such information during and mation to the Senate under paragraph (3), committee. after the period of his employment or con- the Chairman shall not later than the first SEC. 4. (a) The select committee, for the tractual agreement with such committee; day on which the Senate is in session fol- purposes of accountability to the Senate, and (2) received an appropriate security lowing the day on which the vote occurs, re- shall make regular and periodic, but not less clearance as determined by such committee port the matter to the Senate for its consid- than quarterly, reports to the Senate on the in consultation with the Director of National eration. nature and extent of the intelligence activi- Intelligence. The type of security clearance (5) One hour after the Senate convenes on ties of the various departments and agencies to be required in the case of any such em- the fourth day on which the Senate is in ses- of the United States. Such committee shall ployee or person shall, within the determina- sion following the day on which any such promptly call to the attention of the Senate tion of such committee in consultation with matter is reported to the Senate, or at such or to any other appropriate committee or the Director of National Intelligence, be earlier time as the majority leader and the committees of the Senate any matters re- commensurate with the sensitivity of the minority leader of the Senate jointly agree quiring the attention of the Senate or such classified information to which such em- upon in accordance with paragraph 5 of rule other committee or committees. In making ployee or person will be given access by such XVII of the Standing Rules of the Senate, such report, the select committee shall pro- committee. the Senate shall go into closed session and ceed in a manner consistent with section SEC. 7. The select committee shall formu- the matter shall be the pending business. In 8(c)(2) to protect national security. late and carry out such rules and procedures considering the matter in closed session the (b) The select committee shall obtain an as it deems necessary to prevent the disclo- Senate may— annual report from the Director of National sure, without the consent of the person or (A) approve the public disclosure of all or Intelligence, the Director of the Central In- persons concerned, of information in the pos- any portion of the information in question, telligence Agency, the Secretary of Defense, session of such committee which unduly in- in which case the committee shall publicly the Secretary of State, and the Director of fringes upon the privacy or which violates disclose the information ordered to be dis- the Federal Bureau of Investigation. Such the constitutional rights of such person or closed, reports shall review the intelligence activi- persons. Nothing herein shall be construed to (B) disapprove the public disclosure of all ties of the agency or department concerned prevent such committee from publicly dis- or any portion of the information in ques- and the intelligence activities of foreign closing any such information in any case in tion, in which case the committee shall not countries directed at the United States or its which such committee determines the na- publicly disclose the information ordered not interest. An unclassified version of each re- tional interest in the disclosure of such in- to be disclosed, or port may be made available to the public at formation clearly outweighs any infringe- (C) refer all or any portion of the matter the discretion of the select committee. Noth- ment on the privacy of any person or per- back to the committee, in which case the ing herein shall be construed as requiring sons. committee shall make the final determina- the public disclosure in such reports of the SEC. 8. (a) The select committee may, sub- tion with respect to the public disclosure of names of individuals engaged in intelligence ject to the provisions of this section, disclose the information in question. activities for the United States or the di- publicly any information in the possession of Upon conclusion of the consideration of vulging of intelligence methods employed or such committee after a determination by such matter in closed session, which may not the sources of information on which such re- such committee that the public interest extend beyond the close of the ninth day on ports are based or the amount of funds au- would be served by such disclosure. When- which the Senate is in session following the thorized to be appropriated for intelligence ever committee action is required to disclose day on which such matter was reported to activities. any information under this section, the com- the Senate, or the close of the fifth day fol- (c) On or before March 15 of each year, the mittee shall meet to vote on the matter lowing the day agreed upon jointly by the select committee shall submit to the Com- within five days after any member of the majority and minority leaders in accordance mittee on the Budget of the Senate the views committee requests such a vote. No member with paragraph 5 of rule XVII of the Stand- and estimates described in section 301(c) of of the select committee shall disclose any in- ing Rules of the Senate (whichever the case the Congressional Budget Act of 1974 regard- formation, the disclosure of which requires a may be), the Senate shall immediately vote ing matters within the jurisdiction of the se- committee vote, prior to a vote by the com- on the disposition of such matter in open lect committee. mittee on the question of the disclosure of session, without debate, and without divulg- SEC. 5. (a) For the purposes of this resolu- such information or after such vote except in ing the information with respect to which tion, the select committee is authorized in accordance with this section. the vote is being taken. The Senate shall its discretion (1) to make investigations into (b)(1) In any case in which the select com- vote to dispose of such matter by one or any matter within its jurisdiction, (2) to mittee votes to disclose publicly any infor- more of the means specified in clauses (A), make expenditures from the contingent fund mation which has been classified under es- (B), and (C) of the second sentence of this of the Senate, (3) to employ personnel, (4) to tablished security procedures, which has paragraph. Any vote of the Senate to dis- hold hearings, (5) to sit and act at any time been submitted to it by the Executive close any information pursuant to this para- or place during the sessions, recesses, and branch, and which the Executive branch re- graph shall be subject to the right of a Mem- adjourned periods of the Senate, (6) to re- quests be kept secret, such committee ber of the Senate to move for reconsider- quire, by subpoena or otherwise, the attend- shall— ation of the vote within the time and pursu- ance of witnesses and the production of cor- (A) first, notify the Majority Leader and ant to the procedures specified in rule XIII of respondence, books, papers, and documents, Minority Leader of the Senate of such vote; the Standing Rules of the Senate, and the (7) to take depositions and other testimony, and disclosure of such information shall be made (8) to procure the service of individual con- (B) second, consult with the Majority consistent with that right. sultants or organizations thereof, in accord- Leader and Minority Leader before notifying (c)(1) No information in the possession of ance with the provisions of section 202(i) of the President of such vote. the select committee relating to the lawful the Legislative Reorganization Act of 1946, (2) The select committee may disclose pub- intelligence activities of any department or and (9) with the prior consent of the govern- licly such information after the expiration of agency of the United States which has been

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 26, 2013 CONGRESSIONAL RECORD — SENATE S855 classified under established security proce- ligence activities which constitute viola- (8) the authorization of funds for the intel- dures and which the select committee, pur- tions of the constitutional rights of any per- ligence activities of the Government and suant to subsection (a) or (b) of this section, son, violations of law, or violations of Execu- whether disclosure of any of the amounts of has determined should not be disclosed shall tive orders, Presidential directives, or de- such funds is in the public interest; and be made available to any person by a Mem- partmental or agency rules or regulations; (9) the development of a uniform set of ber, officer, or employee of the Senate except each department and agency should further definitions for terms to be used in policies or in a closed session of the Senate or as pro- report to such committee what actions have guidelines which may be adopted by the ex- vided in paragraph (2). been taken or are expected to be taken by ecutive or legislative branches to govern, (2) The select committee may, under such the departments or agencies with respect to clarify, and strengthen the operation of in- regulations as the committee shall prescribe such violations. telligence activities. to protect the confidentiality of such infor- SEC. 12. Subject to the Standing Rules of (b) The select committee may, in its dis- mation, make any information described in the Senate, no funds shall be appropriated cretion, omit from the special study required paragraph (1) available to any other com- for any fiscal year beginning after Sep- by this section any matter it determines has mittee or any other Member of the Senate. tember 30, 1976, with the exception of a con- been adequately studied by the Select Com- Whenever the select committee makes such tinuing bill or resolution, or amendment mittee To Study Governmental Operations information available, the committee shall thereto, or conference report thereon, to, or With Respect to Intelligence Activities, es- keep a written record showing, in the case of for use of, any department or agency of the tablished by Senate Resolution 21, Ninety- any particular information, which com- United States to carry out any of the fol- fourth Congress. mittee or which Members of the Senate re- lowing activities, unless such funds shall (c) The select committee shall report the ceived such information. No Member of the have been previously authorized by a bill or results of the study provided for by this sec- Senate who, and no committee which, re- joint resolution passed by the Senate during tion to the Senate, together with any rec- ceives any information under this sub- the same or preceding fiscal year to carry ommendations for legislative or other ac- section, shall disclose such information ex- out such activity for such fiscal year: tions it deems appropriate, no later than cept in a closed session of the Senate. (1) The activities of the Office of the Direc- July 1, 1977, and from time to time there- (d) It shall be the duty of the Select Com- tor of National Intelligence and the Director after as it deems appropriate. mittee on Ethics to investigate any unau- of National Intelligence. SEC. 14. (a) As used in this resolution, the thorized disclosure of intelligence informa- (2) The activities of the Central Intel- term ‘‘intelligence activities’’ includes (1) tion by a Member, officer or employee of the ligence Agency and the Director of the Cen- the collection, analysis, production, dissemi- Senate in violation of subsection (c) and to tral Intelligence Agency. nation, or use of information which relates report to the Senate concerning any allega- (3) The activities of the Defense Intel- to any foreign country, or any government, tion which it finds to be substantiated. ligence Agency. political group, party, military force, move- (e) Upon the request of any person who is (4) The activities of the National Security ment, or other association in such foreign subject to any such investigation, the Select Agency. country, and which relates to the defense, (5) The intelligence activities of other Committee on Ethics shall release to such foreign policy, national security, or related agencies and subdivisions of the Department individual at the conclusion of its investiga- policies of the United States, and other ac- of Defense. tion a summary of its investigation together tivity which is in support of such activities; (6) The intelligence activities of the De- with its findings. If, at the conclusion of its (2) activities taken to counter similar activi- partment of State. ties directed against the United States; (3) investigation, the Select Committee on Eth- (7) The intelligence activities of the Fed- covert or clandestine activities affecting the ics determines that there has been a signifi- eral Bureau of Investigation. cant breach of confidentiality or unauthor- SEC. 13. (a) The select committee shall relations of the United States with any for- ized disclosure by a Member, officer, or em- make a study with respect to the following eign government, political group, party, ployee of the Senate, it shall report its find- matters, taking into consideration with re- military force, movement or other associa- ings to the Senate and recommend appro- spect to each such matter, all relevant as- tion; (4) the collection, analysis, production, priate action such as censure, removal from pects of the effectiveness of planning, gath- dissemination, or use of information about committee membership, or expulsion from ering, use, security, and dissemination of in- activities of persons within the United the Senate, in the case of a Member, or re- telligence: States, its territories and possessions, or na- moval from office or employment or punish- (1) the quality of the analytical capabili- tionals of the United States abroad whose ment for contempt, in the case of an officer ties of United States foreign intelligence political and related activities pose, or may or employee. agencies and means for integrating more be considered by any department, agency, SEC. 9. The select committee is authorized closely analytical intelligence and policy bureau, office, division, instrumentality, or to permit any personal representative of the formulation; employee of the United States to pose, a President, designated by the President to (2) the extent and nature of the authority threat to the internal security of the United serve as a liaison to such committee, to at- of the departments and agencies of the Exec- States, and covert or clandestine activities tend any closed meeting of such committee. utive branch to engage in intelligence activi- directed against such persons. Such term SEC. 10. Upon expiration of the Select Com- ties and the desirability of developing char- does not include tactical foreign military in- mittee on Governmental Operations With ters for each intelligence agency or depart- telligence serving no national policymaking Respect to Intelligence Activities, estab- ment; function. lished by Senate Resolution 21, Ninety- (3) the organization of intelligence activi- (b) As used in this resolution, the term fourth Congress, all records, files, docu- ties in the Executive branch to maximize the ‘‘department or agency’’ includes any orga- ments, and other materials in the possession, effectiveness of the conduct, oversight, and nization, committee, council, establishment, custody, or control of such committee, under accountability of intelligence activities; to or office within the Federal Government. appropriate conditions established by it, reduce duplication or overlap; and to im- (c) For purposes of this resolution, ref- shall be transferred to the select committee. prove the morale of the personnel of the for- erence to any department, agency, bureau, SEC. 11. (a) It is the sense of the Senate eign intelligence agencies; or subdivision shall include a reference to that the head of each department and agency (4) the conduct of covert and clandestine any successor department, agency, bureau, of the United States should keep the select activities and the procedures by which Con- or subdivision to the extent that such suc- committee fully and currently informed with gress is informed of such activities; cessor engages in intelligence activities now respect to intelligence activities, including (5) the desirability of changing any law, conducted by the department, agency, bu- any significant anticipated activities, which Senate rule or procedure, or any Executive reau, or subdivision referred to in this reso- are the responsibility of or engaged in by order, rule, or regulation to improve the pro- lution. such department or agency: Provided, That tection of intelligence secrets and provide SEC. 15. (a) In addition to other committee this does not constitute a condition prece- for disclosure of information for which there staff selected by the select Committee, the dent to the implementation of any such an- is no compelling reason for secrecy; select Committee shall hire or appoint one ticipated intelligence activity. (6) the desirability of establishing a stand- employee for each member of the select (b) It is the sense of the Senate that the ing committee of the Senate on intelligence Committee to serve as such Member’s des- head of any department or agency of the activities; ignated representative on the select Com- United States involved in any intelligence (7) the desirability of establishing a joint mittee. The select Committee shall only hire activities should furnish any information or committee of the Senate and the House of or appoint an employee chosen by the respec- document in the possession, custody, or con- Representatives on intelligence activities in tive Member of the select Committee for trol of the department or agency, or person lieu of having separate committees in each whom the employee will serve as the des- paid by such department or agency, when- House of Congress, or of establishing proce- ignated representative on the select Com- ever requested by the select committee with dures under which separate committees on mittee. respect to any matter within such commit- intelligence activities of the two Houses of (b) The select Committee shall be afforded tee’s jurisdiction. Congress would receive joint briefings from a supplement to its budget, to be determined (c) It is the sense of the Senate that each the intelligence agencies and coordinate by the Committee on Rules and Administra- department and agency of the United States their policies with respect to the safe- tion, to allow for the hire of each employee should report immediately upon discovery to guarding of sensitive intelligence informa- who fills the position of designated rep- the select committee any and all intel- tion; resentative to the select Committee. The

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S856 CONGRESSIONAL RECORD — SENATE February 26, 2013 designated representative shall have office committee on Intelligence. The Committee COMMITTEE ON RULES AND ADMINIS- space and appropriate office equipment in on Appropriations shall reorganize into 13 TRATION UNITED STATES SENATE the select Committee spaces. Designated per- subcommittees as soon as possible after the MEETINGS OF THE COMMITTEE sonal representatives shall have the same ac- convening of the 109th Congress. Rule 1. The regular meeting dates of the cess to Committee staff, information, (b) JURISDICTION.—The Subcommittee on Committee shall be the second and fourth records, and databases as select Committee Intelligence of the Committee on Appropria- Wednesdays of each month, at 10:00 a.m. in staff, as determined by the Chairman and tions shall have jurisdiction over funding for room SR–301, Russell Senate Office Building. Vice Chairman. intelligence matters, as determined by the Additional meetings of the Committee may (c) The designated employee shall meet all Senate Committee on Appropriations. be called by the Chairman as he may deem the requirements of relevant statutes, Sen- APPENDIX C necessary or pursuant to the provision of ate rules, and committee security clearance RULE 26.5(B) OF THE STANDING RULES OF THE paragraph 3 of rule XXVI of the Standing requirements for employment by the select SENATE (REFERRED TO IN COMMITTEE Rules of the Senate. Committee. RULE 2.1) Rule 2. Meetings of the committee, includ- (d) Of the funds made available to the se- Each meeting of a committee, or any sub- ing meetings to conduct hearings, shall be lect Committee for personnel— committee thereof, including meetings to open to the public, except that a meeting or (1) not more than 60 percent shall be under conduct hearings, shall be open to the public, the control of the Chairman; and series of meetings by the committee on the except that a meeting or series of meetings same subject for a period of no more than 14 (2) not less than 40 percent shall be under by a committee or a subcommittee thereof the control of the Vice Chairman. calendar days may be closed to the public on on the same subject for a period of no more a motion made and seconded to go into SEC. 16. Nothing in this resolution shall be than fourteen calendar days may be closed to construed as constituting acquiescence by closed session to discuss only whether the the public on a motion made and seconded to matters enumerated in subparagraphs (a) the Senate in any practice, or in the conduct go into closed session to discuss only wheth- through (f) would require the meeting to be of any activity, not otherwise authorized by er the matters enumerated in clauses (1) closed followed immediately by a recorded law. through (6) would require the meeting to be vote in open session by a majority of the SEC. 17. (a)(1) Except as otherwise provided closed, followed immediately by a record Members of the committee when it is deter- in subsection (b), the select Committee shall vote in open session by a majority of the have jurisdiction for reviewing, holding members of the committee or subcommittee mined that the matters to be discussed or hearings, and reporting the nominations of when it is determined that the matters to be the testimony to be taken at such meeting civilian persons nominated by the President discussed or the testimony to be taken at or meetings: to fill all positions within the intelligence such meeting or meetings— (a) will disclose matters necessary to be community requiring the advice and consent (1) will disclose matters necessary to be kept secret in the interests of national de- of the Senate. kept secret in the interests of national de- fense or the confidential conduct of the for- (2) Other committees with jurisdiction fense or the confidential conduct of the for- eign relations of the United States; over the nominees’ executive branch depart- eign relations of the United States; (b) will relate solely to matters of the com- ment may hold hearings and interviews with (2) will relate solely to matters of com- mittee staff personnel or internal staff man- such persons, but only the select Committee mittee staff personnel or internal staff man- agement or procedure; shall report such nominations. agement or procedure; (c) will tend to charge an individual with (b)(1) With respect to the confirmation of (3) will tend to charge an individual with crime or misconduct, to disgrace or injure the Assistant Attorney General for National crime or misconduct, to disgrace or injure the professional standing of an individual, or Security, or any successor position, the nom- the professional standing of an individual, or otherwise to expose an individual to public ination of any individual by the President to otherwise to expose an individual to public contempt or obloquy, or will represent a serve in such position shall be referred to the contempt or obloquy, or will represent a clearly unwarranted invasion of the privacy Committee on the Judiciary and, if and when clearly unwarranted invasion of the privacy of an individual; reported, to the select Committee for not to of an individual; (d) will disclose the identity of any in- exceed 20 calendar days, except that in cases (4) will disclose the identity of any in- former or law enforcement agent or will dis- when the 20-day period expires while the former or law enforcement agent or will dis- close any information relating to the inves- Senate is in recess, the select Committee close any information relating to the inves- tigation or prosecution of a criminal offense shall have 5 additional calendar days after tigation or prosecution of a criminal offense that is required to be kept secret in the in- the Senate reconvenes to report the nomina- that is required to be kept secret in the in- terests of effective law enforcement; tion. terests of effective law enforcement; (e) will disclose information relating to the (2) If, upon the expiration of the period de- (5) will disclose information relating to the trade secrets or financial or commercial in- scribed in paragraph (1), the select Com- trade secrets of financial or commercial in- formation pertaining specifically to a given mittee has not reported the nomination, formation pertaining specifically to a given person if: such nomination shall be automatically dis- person if— (1) an Act of Congress requires the infor- (A) an Act of Congress requires the infor- charged from the select Committee and mation to be kept confidential by Govern- mation to be kept confidential by Govern- placed on the Executive Calendar. ment officers and employees; or ment officers and employees; or (2) the information has been obtained by APPENDIX B (B) the information has been obtained by the Government on a confidential basis, INTELLIGENCE PROVISIONS IN S. RES. 445, 108TH the Government on a confidential basis, other than through an application by such CONG., 2D SESS. (2004) WHICH WERE NOT INCOR- other than through an application by such person for a specific Government financial or PORATED IN S. RES. 400, 94TH CONG., 2D SESS. person for a specific Government financial or other benefit, and is required to be kept se- (1976) other benefit, and is required to be kept se- cret in order to prevent undue injury to the TITLE III—COMMITTEE STATUS cret in order to prevent undue injury to the competitive position of such person; or competitive position of such person; or * * * * * * (6) may divulge matters required to be (f) may divulge matters required to be kept * kept confidential under other provisions of confidential under the provisions of law or SEC. 301(b) INTELLIGENCE.—The Select law or Government regulations. Government regulations. (Paragraph 5(b) of Committee on Intelligence shall be treated rule XXVI of the Standing Rules.) as a committee listed under paragraph 2 of f Rule 3. Written notices of committee meet- rule XXV of the Standing Rules of the Sen- COMMITTEE ON RULES AND ings will normally be sent by the commit- ate for purposes of the Standing Rules of the ADMINISTRATION tee’s staff director to all Members of the Senate. committee at least a week in advance. In ad- TITLE IV—INTELLIGENCE-RELATED dition, the committee staff will telephone or SUBCOMMITTEES RULES OF PROCEDURE e-mail reminders of committee meetings to all Members of the committee or to the ap- SEC. 401. SUBCOMMITTEE RELATED TO Mr. SCHUMER. Madam President, propriate assistants in their offices. INTELLIGENCE OVERSIGHT. the Committee on Rules and Adminis- Rule 4. A copy of the committee’s intended (a) ESTABLISHMENT.—There is established tration has adopted rules governing its agenda enumerating separate items of legis- in the Select Committee on Intelligence a procedures for the 113th Congress. Pur- lative business and committee business will Subcommittee on Oversight which shall be suant to rule XXVI, paragraph 2, of the normally be sent to all Members of the com- in addition to any other subcommittee es- Standing Rules of the Senate, on behalf mittee and released to the public at least 1 tablished by the select Committee. day in advance of all meetings. This does not (b) RESPONSIBILITY.—The Subcommittee on of myself and Senator ROBERTS, I ask unanimous consent that a copy of the preclude any Member of the committee from Oversight shall be responsible for ongoing discussing appropriate non-agenda topics. oversight of intelligence activities. Committee rules be printed in the Rule 5. After the Chairman and the Rank- SEC. 402. SUBCOMMITTEE RELATED TO RECORD. ing Minority Member, speaking order shall INTELLIGENCE APPROPRIATIONS. There being no objection, the mate- be based on order of arrival, alternating be- (a) ESTABLISHMENT.—There is established rial was ordered to be printed in the tween Majority and Minority Members, un- in the Committee on Appropriations a Sub- RECORD, as follows: less otherwise directed by the Chairman.

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 26, 2013 CONGRESSIONAL RECORD — SENATE S857 Rule 6. Any witness who is to appear before the office of the Committee and circulated will include a written agenda together with the committee in any hearing shall file with via e-mail to each of the offices by at least materials prepared by the staff relating to the clerk of the committee at least 3 busi- 5:00 p.m. the day prior to the scheduled start that agenda. After the agenda for a com- ness days before the date of his or her ap- of the meeting. mittee meeting is published and distributed, pearance, a written statement of his or her Rule 17. In the event the Chairman intro- no nongermane items may be brought up proposed testimony and an executive sum- duces a substitute amendment or a Chair- during that meeting unless at least two- mary thereof, in such form as the chairman man’s mark, the requirements set forth in thirds of the members present agree to con- may direct, unless the Chairman and the Rule 16 shall be considered waived unless sider those items. Ranking Minority Member waive such re- such substitute amendment or Chairman’s (b) In the absence of the chairman, meet- quirement for good cause. mark has been made available at least five ings of the committee may be called by the Rule 7. In general, testimony will be re- business days in advance of the scheduled ranking majority member of the committee stricted to 5 minutes for each witness. The meeting. who is present, provided authority to call time may be extended by the Chairman, Rule 18. It shall be in order, without prior meetings has been delegated to such member upon the Chair’s own direction or at the re- notice, for a Member to offer a motion to by the chairman. quest of a Member. Each round of questions strike a single section of any bill, resolution, Rule 3. Presiding Officer.—(a) The chairman by Members will also be limited to 5 min- or amendment under consideration. shall preside at all meetings and hearings of utes. Rule 19. This section of the rule may be the committee except that in his absence the ranking majority member who is present at QUORUMS waived by agreement of the Chairman and the Ranking Minority Member. the meeting shall preside. Rule 8. Pursuant to paragraph 7(a)(1) of (b) Notwithstanding the rule prescribed by rule XXVI of the Standing Rules, a majority DELEGATION OF AUTHORITY TO COMMITTEE subsection (a) any member of the committee of the Members of the committee shall con- CHAIRMAN may preside over the conduct of a hearing. stitute a quorum for the reporting of legisla- Rule 20. The Chairman is authorized to Rule 4. Quorums.—(a) Except as provided in tive measures. sign himself or by delegation all necessary subsection (b) one-third of the membership Rule 9. Pursuant to paragraph 7(a)(1) of vouchers and routine papers for which the of the committee, including not less than rule XXVI of the Standing Rules, one-third committee’s approval is required and to de- one member of the majority party and one of the Members of the committee shall con- cide in the committee’s behalf all routine member of the minority party, shall con- stitute a quorum for the transaction of busi- business. stitute a quorum for the conduct of business. ness, including action on amendments to Rule 21. The Chairman is authorized to en- (b) Notwithstanding the rule prescribed by measures prior to voting to report the meas- gage commercial reporters for the prepara- subsection (a), one member shall constitute ure to the Senate. tion of transcripts of committee meetings a quorum for the purpose of conducting a Rule 10. Pursuant to paragraph 7(a)(2) of and hearings. hearing. rule XXVI of the Standing Rules, 2 Members Rule 22. The Chairman is authorized to Rule 5. Reporting of Measures or Rec- of the committee shall constitute a quorum issue, in behalf of the committee, regula- ommendations.—No measure or recommenda- for the purpose of taking testimony under tions normally promulgated by the com- tion shall be reported from the committee oath and 1 Member of the committee shall mittee at the beginning of each session. unless a majority of the committee is actu- ally present and a majority of those present constitute a quorum for the purpose of tak- DELEGATION OF AUTHORITY TO COMMITTEE ing testimony not under oath; provided, how- concur. CHAIRMAN AND RANKING MINORITY MEMBER Rule 6. Proxy Voting; Polling.—(a) Except as ever, that in either instance, once a quorum Rule 23. The Chairman and Ranking Minor- provided by paragraph 7(a)(3) of Rule XXVI is established, any one Member can continue ity Member, acting jointly, are authorized to of the Standing Rules of the Senate (relating to take such testimony. approve on behalf of the committee any rule to limitation on use of proxy voting to re- Rule 11. Under no circumstances may prox- or regulation for which the committee’s ap- port a measure or matter), members who are ies be considered for the establishment of a proval is required, provided advance notice unable to be present may have their vote re- quorum. of their intention to do so is given to Mem- corded by proxy. VOTING bers of the committee. (b) At the discretion of the committee, Rule 12. Voting in the committee on any f members who are unable to be present and issue will normally be by voice vote. whose vote has not been cast by proxy may Rule 13. If a third of the Members present COMMITTEE ON FINANCE be polled for the purpose of recording their so demand a rollcall vote instead of a voice vote on any rollcall taken by the committee. vote, a record vote will be taken on any Rule 7. Order of Motions.—When several question by roll call. RULES OF PROCEDURE motions are before the committee dealing Rule 14. The results of rollcall votes taken Mr. BAUCUS. Madam President, the with related or overlapping matters, the chairman may specify the order in which the in any meeting upon any measure, or any Committee on Finance has adopted amendment thereto, shall be stated in the motions shall be voted upon. committee report on that measure unless rules governing its procedures for the Rule 8. Bringing a Matter to a Vote.—If the previously announced by the committee, and 113th Congress. Pursuant to rule XXVI, chairman determines that a motion or such report or announcement shall include a paragraph 2, of the Standing Rules of amendment has been adequately debated, he tabulation of the votes cast in favor of and the Senate, I ask unanimous consent may call for a vote on such motion or the votes cast in opposition to each such that the accompanying rules for the amendment, and the vote shall then be measure and amendment by each Member of Senate Committee on Finance be print- taken, unless the committee votes to con- the committee. (Paragraph 7(b) and (c) of tinue debate on such motion or amendment, ed in the RECORD. as the case may be. The vote on a motion to rule XXVI of the Standing Rules.) There being no objection, the mate- Rule 15. Proxy voting shall be allowed on continue debate on any motion or amend- all measures and matters before the com- rial was ordered to be printed in the ment shall be taken without debate. mittee. However, the vote of the committee RECORD, as follows: Rule 9. Public Announcement of Committee to report a measure or matter shall require COMMITTEE ON FINANCE Votes.—Pursuant to paragraph 7(b) of Rule XXVI of the Standing Rules of the Senate the concurrence of a majority of the Mem- I. RULES OF PROCEDURE bers of the committee who are physically (relating to public announcement of votes), Rule 1. Regular Meeting Days.—The regular present at the time of the vote. Proxies will the results of rollcall votes taken by the meeting day of the committee shall be the be allowed in such cases solely for the pur- committee on any measure (or amendment second and fourth Tuesday of each month, pose of recording a Member’s position on the thereto) or matter shall be announced pub- except that if there be no business before the question and then only in those instances licly not later than the day on which such committee the regular meeting shall be when the absentee committee Member has measure or matter is ordered reported from omitted. been informed of the question and has af- the committee. Rule 2. Committee Meetings.—(a) Except as firmatively requested that he be recorded. Rule 10. Subpoenas.—Witnesses and memo- provided by paragraph 3 of Rule XXVI of the (Paragraph 7(a) (3) of rule XXVI of the randa, documents, and records may be sub- Standing Rules of the Senate (relating to Standing Rules.) poenaed by the chairman of the committee special meetings called by a majority of the with the agreement of the ranking minority AMENDMENTS committee) and subsection (b) of this rule, member or by a majority vote of the com- Rule 16. Provided at least five business committee meetings, for the conduct of busi- mittee. Subpoenas for attendance of wit- days’ notice of the agenda is given, and the ness, for the purpose of holding hearings, or nesses and the production of memoranda, text of the proposed bill or resolution has for any other purpose, shall be called by the documents, and records shall be issued by been made available at least five business chairman after consultation with the rank- the chairman, or by any other member of the days in advance, it shall not be in order for ing minority member. Members will be noti- committee designated by him. the Committee to consider any amendment fied of committee meetings at least 48 hours Rule 11. Nominations.—In considering a in the first degree proposed to any measure in advance, unless the chairman determines nomination, the Committee may conduct an under consideration by the Committee un- that an emergency situation requires a investigation or review of the nominee’s ex- less such amendment has been delivered to meeting on shorter notice. The notification perience, qualifications, and suitability, to

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To aid in such investigation the hearing room by the media in order to accurately reflect statements, a corrected or review, each nominee may be required to raise the ambient lighting level to the lowest transcript; and such record shall remain submit a sworn detailed statement including level necessary to provide adequate tele- available until the end of the Congress fol- biographical, financial, policy, and other in- vision coverage of the hearing at the then lowing the date of the meeting. formation which the Committee may re- current state of the art of television cov- Notwithstanding the above, in the case of quest. The Committee may specify which erage. the record of an executive session of the items in such statement are to be received (e) The additional lighting authorized by committee that is closed to the public pursu- on a confidential basis. Witnesses called to subsection (d) of this rule shall not be di- ant to Rule XXVI of the Standing Rules of testify on the nomination may be required to rected into the eyes of any members of the the Senate, the record shall not be published testify under oath. committee or of any witness, and at the re- or made public in any way except by major- Rule 12. Open Committee Hearings.—To the quest of any such member or witness, offend- ity vote of the committee after all members extent required by paragraph 5 of Rule XXVI ing lighting shall be extinguished. of the committee have had a reasonable op- of the Standing Rules of the Senate (relating Rule 17. Subcommittees.—(a) The chairman, portunity to correct their remarks for gram- to limitations on open hearings), each hear- subject to the approval of the committee, matical errors or to accurately reflect state- ing conducted by the committee shall be shall appoint legislative subcommittees. The ments made. open to the public. ranking minority member shall recommend Rule 19. Amendment of Rules.—The fore- Rule 13. Announcement of Hearings.—The to the chairman appointment of minority going rules may be added to, modified, committee shall undertake consistent with members to the subcommittees. All legisla- amended, or suspended at any time. the provisions of paragraph 4(a) of Rule tion shall be kept on the full committee cal- II. EXCERPTS FROM THE STANDING XXVI of the Standing Rules of the Senate endar unless a majority of the members (relating to public notice of committee hear- RULES OF THE SENATE RELATING TO present and voting agree to refer specific leg- STANDING COMMITTEES ings) to issue public announcements of hear- islation to an appropriate subcommittee. ings it intends to hold at least one week (b) The chairman may limit the period dur- RULE XXV prior to the commencement of such hearings. ing which House-passed legislation referred STANDING COMMITTEES Rule 14. Witnesses at Hearings.—(a) Each to a subcommittee under paragraph (a) will witness who is scheduled to testify at any 1. The following standing committees shall remain in that subcommittee. At the end of hearing must submit his written testimony be appointed at the commencement of each that period, the legislation will be restored to the staff director not later than noon of Congress, and shall continue and have the to the full committee calendar. The period the business day immediately before the last power to act until their successors are ap- referred to in the preceding sentences should business day preceding the day on which he pointed, with leave to report by bill or other- be 6 weeks, but may be extended in the event is scheduled to appear. Such written testi- wise on matters within their respective ju- that adjournment or a long recess is immi- mony shall be accompanied by a brief sum- risdictions: nent. mary of the principal points covered in the *** (c) All decisions of the chairman are sub- written testimony. Having submitted his ject to approval or modification by a major- (i) Committee on Finance, to which com- written testimony, the witness shall be al- ity vote of the committee. mittee shall be referred all proposed legisla- lowed not more than ten minutes for oral (d) The full committee may at any time by tion, messages, petitions, memorials, and presentation of his statement. other matters relating to the following sub- (b) Witnesses may not read their entire majority vote of those members present dis- charge a subcommittee from further consid- jects: written testimony, but must confine their 1. Bonded debt of the United States, except oral presentation to a summarization of eration of a specific piece of legislation. (e) The chairman and ranking minority as provided in the Congressional Budget Act their arguments. of 1974. (c) Witnesses shall observe proper stand- members shall serve as nonvoting ex officio 2. Customs, collection districts, and ports ards of dignity, decorum, and propriety while members of the subcommittees on which of entry and delivery. presenting their views to the committee. they do not serve as voting members. 3. Deposit of public moneys. Any witness who violates this rule shall be (f) Any member of the committee may at- 4. General revenue sharing. dismissed, and his testimony (both oral and tend hearings held by any subcommittee and 5. Health programs under the Social Secu- written) shall not appear in the record of the question witnesses testifying before that rity Act and health programs financed by a hearing. subcommittee. (d) In scheduling witnesses for hearings, (g) Subcommittee meeting times shall be specific tax or trust fund. the staff shall attempt to schedule witnesses coordinated by the staff director to insure 6. National social security. so as to attain a balance of views early in that— 7. Reciprocal trade agreements. the hearings. Every member of the com- (1) no subcommittee meeting will be held 8. Revenue measures generally, except as mittee may designate witnesses who will ap- when the committee is in executive session, provided in the Congressional Budget Act of pear before the committee to testify. To the except by unanimous consent; 1974. extent that a witness designated by a mem- (2) no more than one subcommittee will 9. Revenue measures relating to the insu- ber cannot be scheduled to testify during the meet when the full committee is holding lar possessions. time set aside for the hearing, a special time hearings; and 10. Tariffs and import quotas, and matters will be set aside for the witness to testify if (3) not more than two subcommittees will related thereto. the member designating that witness is meet at the same time. 11. Transportation of dutiable goods. available at that time to chair the hearing. Notwithstanding paragraphs (2) and (3), a *** subcommittee may meet when the full com- Rule 15. Audiences.—Persons admitted into RULE XXVI the audience for open hearings of the com- mittee is holding hearings and two sub- mittee shall conduct themselves with the committees may meet at the same time only COMMITTEE PROCEDURE dignity, decorum, courtesy, and propriety upon the approval of the chairman and the *** traditionally observed by the Senate. Dem- ranking minority member of the committee 2. Each committee shall adopt rules (not onstrations of approval or disapproval of any and subcommittees involved. inconsistent with the Rules of the Senate) statement or act by any member or witness (h) All nominations shall be considered by governing the procedure of such committee. are not allowed. Persons creating confusion the full committee. The rules of each committee shall be pub- or distractions or otherwise disrupting the (i) The chairman will attempt to schedule lished in the Congressional Record not later orderly proceeding of the hearing shall be ex- reasonably frequent meetings of the full than March 1 of the first year of each Con- pelled from the hearing. committee to permit consideration of legis- gress, except that if any such committee is Rule 16. Broadcasting of Hearings.—(a) lation reported favorably to the committee established on or after February 1 of a year, Broadcasting of open hearings by television by the subcommittees. the rules of that committee during the year or radio coverage shall be allowed upon ap- Rule 18. Transcripts of Committee Meetings.— of establishment shall be published in the proval by the chairman of a request filed An accurate record shall be kept of all mark- Congressional Record not later than sixty with the staff director not later than noon of ups of the committee, whether they be open days after such establishment. Any amend- the day before the day on which such cov- or closed to the public. A transcript, marked ment to the rules of a committee shall not erage is desired. as ‘‘uncorrected,’’ shall be available for in- take effect until the amendment is published (b) If such approval is granted, broad- spection by Members of the Senate, or mem- in the Congressional Record. casting coverage of the hearing shall be con- bers of the committee together with their ducted unobtrusively and in accordance with staffs, at any time. Not later than 21 busi- *** the standards of dignity, propriety, courtesy, ness days after the meeting occurs, the com- 5. (a) Notwithstanding any other provision and decorum traditionally observed by the mittee shall make publicly available of the rules, when the Senate is in session, Senate. through the Internet— no committee of the Senate or any sub- (c) Equipment necessary for coverage by (a) a video recording; committee thereof may meet, without spe- television and radio media shall not be in- (b) an audio recording; or cial leave, after the conclusion of the first stalled in, or removed from, the hearing (c) after all members of the committee two hours after the meeting of the Senate room while the committee is in session. have had a reasonable opportunity to correct commenced and in no case after two o’clock

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 26, 2013 CONGRESSIONAL RECORD — SENATE S859 post meridian unless consent therefor has (e) Each committee shall prepare and keep written copies of such amendment have been been obtained from the majority leader and a complete transcript or electronic recording delivered to the office of the Committee at the minority leader (or in the event of the adequate to fully record the proceeding of least 2 business days prior to the meeting. It absence of either of such leaders, from his each meeting or conference whether or not shall be in order, without prior notice, for a designee). The prohibition contained in the such meeting or any part thereof is closed Senator to offer a motion to strike a single preceding sentence shall not apply to the under this paragraph, unless a majority of section of any measure under consideration. Committee on Appropriations or the Com- its members vote to forgo such a record. Such a motion to strike a section of the mittee on the Budget. The majority leader or measure under consideration by the Com- f his designee shall announce to the Senate mittee or Subcommittee shall not be amend- whenever consent has been given under this COMMITTEE ON BANKING, able. This section may be waived by a major- subparagraph and shall state the time and HOUSING, AND URBAN AFFAIRS ity of the members of the Committee or Sub- place of such meeting. The right to make committee voting, or by agreement of the such announcement of consent shall have the Chairman and Ranking Member. This sub- same priority as the filing of a cloture mo- section shall apply only when the conditions tion. RULES OF PROCEDURE of subsection [e][1] have been met. (b) Each meeting of a committee, or any Mr. JOHNSON of South Dakota. [g] Cordon rule.—Whenever a bill or joint subcommittee thereof, including meetings to resolution repealing or amending any stat- Madam President, today the Com- ute or part thereof shall be before the Com- conduct hearings, shall be open to the public, mittee on Banking, Housing, and except that a meeting or series of meetings mittee or Subcommittee, from initial consid- by a committee or a subcommittee thereof Urban Affairs adopted Rules of Proce- eration in hearings through final consider- on the same subject for a period of no more dure for the 113th Congress. ation, the Clerk shall place before each than fourteen calendar days may be closed to I ask unanimous consent that the member of the Committee or Subcommittee the public on a motion made and seconded to Rules of Procedure be printed in the a print of the statute or the part or section go into closed session to discuss only wheth- RECORD. thereof to be amended or repealed showing by stricken-through type, the part or parts er the matters enumerated in clauses (1) RULES OF PROCEDURE FOR THE COM- through (6) would require the meeting to be to be omitted, and in italics, the matter pro- MITTEE ON BANKING, HOUSING, AND posed to be added. In addition, whenever a closed, followed immediately by a record URBAN AFFAIRS vote in open session by a majority of the member of the Committee or Subcommittee members of the committee or subcommittee RULE 1.—REGULAR MEETING DATE FOR offers an amendment to a bill or joint resolu- when it is determined that the matters to be COMMITTEE tion under consideration, those amendments discussed or the testimony to be taken at The regular meeting day for the Com- shall be presented to the Committee or Sub- such meeting or meetings— mittee to transact its business shall be the committee in a like form, showing by typo- (1) will disclose matters necessary to be last Tuesday in each month that the Senate graphical devices the effect of the proposed kept secret in the interests of national de- is in Session; except that if the Committee amendment on existing law. The require- fense or the confidential conduct of the for- has met at any time during the month prior ments of this subsection may be waived eign relations of the United States; to the last Tuesday of the month, the regular when, in the opinion of the Committee or (2) will relate solely to matters of com- meeting of the Committee may be canceled Subcommittee Chairman, it is necessary to mittee staff personnel or internal staff man- at the discretion of the Chairman. expedite the business of the Committee or Subcommittee. agement or procedure; RULE 2.—COMMITTEE (3) will tend to charge an individual with RULE 3.—SUBCOMMITTEES [a] Investigations.—No investigation shall crime or misconduct, to disgrace or injure be initiated by the Committee unless the [a] Authorization for.—A Subcommittee of the professional standing of an individual, or Senate, or the full Committee, or he Chair- the Committee may be authorized only by otherwise to expose an individual to public man and Ranking Member have specifically the action of a majority of the Committee. contempt or obloquy, or will represent a [b] Membership.—No member may be a authorized such investigation. clearly unwarranted invasion of the privacy member of more than three Subcommittees [b] Hearings.—No hearing of the Com- of an individual; and no member may chair more than one mittee shall be scheduled outside the Dis- (4) will disclose the identity of any in- Subcommittee. No member will receive as- trict of Columbia except by agreement be- former or law enforcement agent or will dis- signment to a second Subcommittee until, in tween the Chairman of the Committee and close any information relating to the inves- order of seniority, all members of the Com- the Ranking Member of the Committee or by tigation or prosecution of a criminal offense mittee have chosen assignments to one Sub- a majority vote of the Committee. that is required to be kept secret in the in- committee, and no member shall receive as- [c] Confidential testimony.—No confiden- terests of effective law enforcement; signment to a third Subcommittee until, in tial testimony taken or confidential mate- (5) will disclose information relating to the order of seniority, all members have chosen rial presented at an executive session of the trade secrets of financial or commercial in- assignments to two Subcommittees. formation pertaining specifically to a given Committee or any report of the proceedings [c] Investigations.—No investigation shall person if— of such executive session shall be made pub- be initiated by a Subcommittee unless the (A) an Act of Congress requires the infor- lic either in whole or in part or by way of Senate or the full Committee has specifi- mation to be kept confidential by Govern- summary, unless specifically authorized by cally authorized such investigation. ment officers and employees; or the Chairman of the Committee and the [d] Hearings.—No hearing of a Sub- (B) the information has been obtained by Ranking Member of the Committee or by a committee shall be scheduled outside the the Government on a confidential basis, majority vote of the Committee. District of Columbia without prior consulta- other than through an application by such [d] Interrogation of witnesses.—Committee tion with the Chairman and then only by person for a specific Government financial or interrogation of a witness shall be conducted agreement between the Chairman of the Sub- other benefit, and is required to be kept se- only by members of the Committee or such committee and the Ranking Member of the cret in order to prevent undue injury to the professional staff as is authorized by the Subcommittee or by a majority vote of the competitive position of such person; or Chairman or the Ranking Member of the Subcommittee. (6) may divulge matters required to be Committee. [e] Confidential testimony.—No confiden- kept confidential under other provisions of [e] Prior notice of markup sessions.—No tial testimony taken or confidential mate- law or Government regulations. session of the Committee or a Subcommittee rial presented at an executive session of the (c) Whenever any hearing conducted by for marking up any measure shall be held Subcommittee or any report of the pro- any such committee or subcommittee is unless [1] each member of the Committee or ceedings of such executive session shall be open to the public, that hearing may be the Subcommittee, as the case may be, has made public, either in whole or in part or by broadcast by radio or television, or both, been notified in writing via electronic mail way of summary, unless specifically author- under such rules as the committee or sub- or paper mail of the date, time, and place of ized by the Chairman of the Subcommittee committee may adopt. such session and has been furnished a copy of and the Ranking Member of the Sub- (d) Whenever disorder arises during a com- the measure to be considered, in a searchable committee, or by a majority vote of the Sub- mittee meeting that is open to the public, or electronic format, at least 3 business days committee. any demonstration of approval or dis- prior to the commencement of such session, [f] Interrogation of witnesses.—Sub- approval is indulged in by any person in at- or [2] the Chairman of the Committee or committee interrogation of a witness shall tendance at any such meeting, it shall be the Subcommittee determines that exigent cir- be conducted only by members of the Sub- duty of the Chair to enforce order on his own cumstances exist requiring that the session committee or such professional staff as is au- initiative and without any point of order be held sooner. thorized by the Chairman or the Ranking being made by a Senator. When the Chair [f] Prior notice of first degree amend- Member of the Subcommittee. finds it necessary to maintain order, he shall ments.—It shall not be in order for the Com- [g] Special meetings.—If at least three have the power to clear the room, and the mittee or a Subcommittee to consider any members of a Subcommittee desire that a committee may act in closed session for so amendment in the first degree proposed to special meeting of the Subcommittee be long as there is doubt of the assurance of any measure under consideration by the called by the Chairman of the Sub- order. Committee or Subcommittee unless fifty committee, those members may file in the

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S860 CONGRESSIONAL RECORD — SENATE February 26, 2013 offices of the Committee their written re- [c] Ten-minute duration.— Oral statements a majority of the Committee or Sub- quest to the Chairman of the Subcommittee of witnesses shall be based upon their filed committee, as the case may be, are actually for that special meeting. Immediately upon statements but shall be limited to 10 min- present. Unless the Committee otherwise the filing of the request, the Clerk of the utes duration. This period may be limited or provides or is required by the Rules of the Committee shall notify the Chairman of the extended at the discretion of the Chairman Senate, one member shall constitute a Subcommittee of the filing of the request. If, presiding at the hearings. quorum for the receipt of evidence, the within 3 calendar days after the filing of the [d] Subpoena of witnesses.—Witnesses may swearing in of witnesses, and the taking of request, the Chairman of the Subcommittee be subpoenaed by the Chairman of the Com- testimony. does not call the requested special meeting, mittee or a Subcommittee with the agree- RULE 7.—STAFF PRESENT ON DAIS to be held within 7 calendar days after the ment of the Ranking Member of the Com- filing of the request, a majority of the mem- mittee or Subcommittee or by a majority Only members and the Clerk of the Com- bers of the Subcommittee may file in the of- vote of the Committee or Subcommittee. mittee shall be permitted on the dais during fices of the Committee their written notice [e] Counsel permitted.—Any witness sub- public or executive hearings, except that a that a special meeting of the Subcommittee poenaed by the Committee or Subcommittee member may have one staff person accom- will be held, specifying the date and hour of to a public or executive hearing may be ac- pany him or her during such public or execu- that special meeting. The Subcommittee companied by counsel of his or her own tive hearing on the dais. If a member desires shall meet on that date and hour. Imme- choosing who shall be permitted, while the a second staff person to accompany him or diately upon the filing of the notice, the witness is testifying, to advise him or her of her on the dais he or she must make a re- Clerk of the Committee shall notify all his or her legal rights. quest to the Chairman for that purpose. members of the Subcommittee that such spe- [f] Expenses of witnesses.—No witness shall RULE 8.—COINAGE LEGISLATION cial meeting will be held and inform them of be reimbursed for his or her appearance at a At least 67 Senators must cosponsor any its date and hour. If the Chairman of the public or executive hearing before the Com- gold medal or commemorative coin bill or Subcommittee is not present at any regular mittee or Subcommittee unless such reim- resolution before consideration by the Com- or special meeting of the Subcommittee, the bursement is agreed to by the Chairman and mittee. Ranking Member of the majority party on Ranking Member of the Committee. EXTRACTS FROM THE STANDING RULES the Subcommittee who is present shall pre- [g] Limits of questions.—Questioning of a OF THE SENATE side at that meeting. witness by members shall be limited to 5 [h] Voting.—No measure or matter shall be minutes duration when 5 or more members RULE XXV, STANDING COMMITTEES recommended from a Subcommittee to the are present and 10 minutes duration when 1. The following standing committees shall Committee unless a majority of the Sub- less than 5 members are present, except that be appointed at the commencement of each committee are actually present. The vote of if a member is unable to finish his or her Congress, and shall continue and have the the Subcommittee to recommend a measure questioning in this period, he or she may be power to act until their successors are ap- or matter to the Committee shall require the permitted further questions of the witness pointed, with leave to report by bill or other- concurrence of a majority of the members of after all members have been given an oppor- wise on matters within their respective ju- the Subcommittee voting. On Subcommittee tunity to question the witness. risdictions: matters other than a vote to recommend a Additional opportunity to question a wit- ***** measure or matter to the Committee no ness shall be limited to a duration of 5 min- [d][1] Committee on Banking, Housing, and record vote shall be taken unless a majority utes until all members have been given the Urban Affairs, to which committee shall be of the Subcommittee is actually present. opportunity of questioning the witness for a referred all proposed legislation, messages, Any absent member of a Subcommittee may second time. This 5-minute period per mem- petitions, memorials, and other matters re- affirmatively request that his or her vote to ber will be continued until all members have lating to the following subjects: recommend a measure or matter to the Com- exhausted their questions of the witness. 1. Banks, banking, and financial institu- mittee or his vote on any such other matters RULE 5.—VOTING tions. on which a record vote is taken, be cast by [a] Vote to report a measure or matter.— 2. Control of prices of commodities, rents, proxy. The proxy shall be in writing and and services. shall be sufficiently clear to identify the No measure or matter shall be reported from the Committee unless a majority of the 3. Deposit insurance. subject matter and to inform the Sub- 4. Economic stabilization and defense pro- committee as to how the member wishes his Committee is actually present. The vote of the Committee to report a measure or mat- duction. or her vote to be recorded thereon. By writ- 5. Export and foreign trade promotion. ten notice to the Chairman of the Sub- ter shall require the concurrence of a major- 6. Export controls. committee any time before the record vote ity of the members of the Committee who 7. Federal monetary policy, including Fed- on the measure or matter concerned is are present. eral Reserve System. taken, the member may withdraw a proxy Any absent member may affirmatively re- 8. Financial aid to commerce and industry. previously given. All proxies shall be kept in quest that his or her vote to report a matter 9. Issuance and redemption of notes. the files of the Committee. be cast by proxy. The proxy shall be suffi- ciently clear to identify the subject matter, 10. Money and credit, including currency RULE 4.—WITNESSES and to inform the Committee as to how the and coinage. [a] Filing of statements.—Any witness ap- member wishes his vote to be recorded there- 11. Nursing home construction. pearing before the Committee or Sub- on. By written notice to the Chairman any 12. Public and private housing [including committee [including any witness rep- time before the record vote on the measure veterans’ housing]. resenting a Government agency] must file or matter concerned is taken, any member 13. Renegotiation of Government con- with the Committee or Subcommittee [24 may withdraw a proxy previously given. All tracts. hours preceding his or her appearance] 75 proxies shall be kept in the files of the Com- 14. Urban development and urban mass copies of his or her statement to the Com- mittee, along with the record of the rollcall transit. mittee or Subcommittee, and the statement vote of the members present and voting, as [2] Such committee shall also study and re- must include a brief summary of the testi- an official record of the vote on the measure view, on a comprehensive basis, matters re- mony. In the event that the witness fails to or matter. lating to international economic policy as it file a written statement and brief summary [b] Vote on matters other than to report a affects United States monetary affairs, cred- in accordance with this rule, the Chairman measure or matter.—On Committee matters it, and financial institutions; economic of the Committee or Subcommittee has the other than a vote to report a measure or growth, urban affairs, and credit, and report discretion to deny the witness the privilege matter, no record vote shall be taken unless thereon from time to time. of testifying before the Committee or Sub- a majority of the Committee are actually committee until the witness has properly COMMITTEE PROCEDURES FOR PRESIDENTIAL present. On any such other matter, a mem- complied with the rule. NOMINEES [b] Length of statements.—Written state- ber of the Committee may request that his Procedures formally adopted by the U.S. ments properly filed with the Committee or or her vote may be cast by proxy. The proxy Senate Committee on Banking, Housing, and Subcommittee may be as lengthy as the wit- shall be in writing and shall be sufficiently Urban Affairs, February 4, 1981, establish a ness desires and may contain such docu- clear to identify the subject matter, and to uniform questionnaire for all Presidential ments or other addenda as the witness feels inform the Committee as to how the member nominees whose confirmation hearings come is necessary to present properly his or her wishes his or her vote to be recorded there- before this Committee. views to the Committee or Subcommittee. on. By written notice to the Chairman any In addition, the procedures establish that: The brief summary included in the state- time before the vote on such other matter is [1] A confirmation hearing shall normally ment must be no more than 3 pages long. It taken, the member may withdraw a proxy be held at least 5 days after receipt of the shall be left to the discretion of the Chair- previously given. All proxies relating to such completed questionnaire by the Committee man of the Committee or Subcommittee as other matters shall be kept in the files of the unless waived by a majority vote of the Com- to what portion of the documents presented Committee. mittee. to the Committee or Subcommittee shall be RULE 6.—QUORUM [2] The Committee shall vote on the con- published in the printed transcript of the No executive session of the Committee or a firmation not less than 24 hours after the hearings. Subcommittee shall be called to order unless Committee has received transcripts of the

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 26, 2013 CONGRESSIONAL RECORD — SENATE S861 hearing unless waived by unanimous con- action of committee business shall consist of minority, or additional views at the time of sent. not less than one-third of the membership of final committee approval of a measure or [3] All nominees routinely shall testify the entire committee: Provided, that proxies matter, shall be entitled to not less than 3 under oath at their confirmation hearings. shall not be counted in making a quorum. calendar days in which to file such views, in This questionnaire shall be made a part of (2) A majority of the committee shall con- writing, with the chief clerk of the com- the public record except for financial infor- stitute a quorum for reporting budget resolu- mittee. Such views shall then be included in mation, which shall be kept confidential. tions, legislative measures or recommenda- the committee report and printed in the Nominees are requested to answer all ques- tions: Provided, that proxies shall not be same volume, as a part thereof, and their in- tions, and to add additional pages where nec- counted in making a quorum. clusions shall be noted on the cover of the essary. (3) For the purpose of taking sworn or report. In the absence of timely notice, the f unsworn testimony, a quorum of the com- committee report may be filed and printed immediately without such views. COMMITTEE ON THE BUDGET mittee shall consist of one Senator. (4)(a) The committee may poll— VI. USE OF DISPLAY MATERIALS IN COMMITTEE (i) internal committee matters including Graphic displays used during any meetings those concerning the committee’s staff, RULES OF PROCEDURE or hearings of the committee are limited to records, and budget; the following: Mrs. MURRAY. Madam President, I (ii) steps in an investigation, including Charts, photographs, or renderings: ask unanimous consent that the Rules issuance of subpoenas, applications for im- Size: no larger than 36 inches by 48 inches. of the Committee on the Budget for the munity orders, and requests for documents Where: on an easel stand next to the mem- 113th Congress be printed in the from agencies; and ber’s seat or at the rear of the committee (iii) other committee business that the room. RECORD. When: only at the time the member is There being no objection, the mate- committee has designated for polling at a meeting, except that the committee may not speaking. rial was ordered to be printed in the vote by poll on reporting to the Senate any Number: no more than two may be dis- RECORD, as follows: measure, matter, or recommendation, and played at a time. RULES OF THE COMMITTEE ON THE may not vote by poll on closing a meeting or VII. CONFIRMATION STANDARDS AND BUDGET hearing to the public. PROCEDURES ONE-HUNDRED-THIRTEENTH CONGRESS (b) To conduct a poll, the chair shall cir- (1) Standards. In considering a nomination, culate polling sheets to each member speci- the committee shall inquire into the nomi- I. MEETINGS fying the matter being polled and the time nee’s experience, qualifications, suitability, (1) The committee shall hold its regular limit for completion of the poll. If any mem- and integrity to serve in the position to meeting on the first Thursday of each ber requests, the matter shall be held for a which he or she has been nominated. The month. Additional meetings may be called meeting rather than being polled. The chief committee shall recommend confirmation if by the chair as the chair deems necessary to clerk shall keep a record of polls; if the com- it finds that the nominee has the necessary expedite committee business. (2) Each meeting of the committee, includ- mittee determines by record vote in open integrity and is affirmatively qualified by ing meetings to conduct hearings, shall be session of a majority of the members of the reason of training, education, or experience open to the public, except that a portion or committee present that the polled matter is to carry out the functions of the office to portions of any such meeting may be closed one of those enumerated in rule 1(2)(a)–(e), which he or she was nominated. (2) Information Concerning the Nominee. to the public if the committee determines by then the record of the poll shall be confiden- Each nominee shall submit the following in- record vote in open session of a majority of tial. Any member may move at the com- formation to the committee: the members of the committee present that mittee meeting following a poll for a vote on (a) A detailed biographical resume which the matters to be discussed or the testimony the polled decision. contains information concerning education, to be taken at such portion or portions— III. PROXIES employment, and background which gen- (a) will disclose matters necessary to be When a record vote is taken in the com- kept secret in the interests of national de- erally relates to the position to which the in- mittee on any bill, resolution, amendment, dividual is nominated, and which is to be fense or the confidential conduct of the for- or any other question, a quorum being eign relations of the United States; made public; present, a member who is unable to attend (b) Information concerning financial and (b) will relate solely to matters of the com- the meeting may vote by proxy if the absent mittee staff personnel or internal staff man- other background of the nominee which is to member has been informed of the matter on be made public; provided, that financial in- agement or procedure; which the vote is being recorded and has af- (c) will tend to charge an individual with formation that does not relate to the nomi- firmatively requested to be so recorded; ex- crime or misconduct, to disgrace or injure nee’s qualifications to hold the position to cept that no member may vote by proxy dur- the professional standing of an individual, or which the individual is nominated, tax re- ing the deliberations on Budget Resolutions. otherwise to expose an individual to public turns or reports prepared by federal agencies contempt or obloquy, or will represent a IV. HEARINGS AND HEARING PROCEDURES that may be submitted by the nominee shall, clearly unwarranted invasion of the privacy (1) The committee shall make public an- after review by the chair, ranking member, of an individual; nouncement of the date, place, time, and or any other member of the committee upon (d) will disclose the identity of any in- subject matter of any hearing to be con- request, be maintained in a manner to en- former or law enforcement agent or will dis- ducted on any measure or matter at least 1 sure confidentiality; and, close any information relating to the inves- week in advance of such hearing, unless the (c) Copies of other relevant documents and tigation or prosecution of a criminal offense chair and ranking member determine that responses to questions as the committee may that is required to be kept secret in the in- there is good cause to begin such hearing at so request, such as responses to questions terests of effective law enforcement; or an earlier date. concerning the policies and programs the (e) will disclose information relating to the (2) In the event that the membership of the nominee intends to pursue upon taking of- trade secrets or financial or commercial in- Senate is equally divided between the two fice. (3) Report on the Nominee. After a review formation pertaining specifically to a given parties, the ranking member is authorized to of all information pertinent to the nomina- person if— call witnesses to testify at any hearing in an tion, a confidential report on the nominee (i) an act of Congress requires the informa- amount equal to the number called by the tion to be kept confidential by Government may be prepared by the committee staff for chair. The previous sentence shall not apply officers and employees; or the chair, the ranking member and, upon re- in the case of a hearing at which the com- (ii) the information has been obtained by quest, for any other member of the com- mittee intends to call an official of the Fed- the Government on a confidential basis, mittee. The report shall summarize the steps eral government as the sole witness. other than through an application by such taken and the results of the committee in- person for a specific Government financial or (3) A witness appearing before the com- mittee shall file a written statement of pro- quiry, including any unresolved matters that other benefit, and is required to be kept se- have been raised during the course of the in- cret in order to prevent undue injury to the posed testimony at least 1 calendar day prior to appearance, unless the requirement is quiry. competitive position of such person. (4) Hearings. The committee shall conduct waived by the chair and the ranking mem- (f) may divulge matters required to be kept a hearing during which the nominee shall be ber, following their determination that there confidential under other provisions of law or called to testify under oath on all matters is good cause for the failure of compliance. Government regulations. relating to his or her suitability for office, (3) Notice of, and the agenda for, any busi- V. COMMITTEE REPORTS including the policies and programs which he ness meeting or markup shall be provided to (1) When the committee has ordered a or she would pursue while in that position. each member and made available to the pub- measure or recommendation reported, fol- No hearing or meeting to consider the con- lic at least 48 hours prior to such meeting or lowing final action, the report thereon shall firmation shall be held until at least 72 hours markup. be filed in the Senate at the earliest prac- after the following events have occurred: the II. QUORUMS AND VOTING ticable time. nominee has responded to the requirements (1) Except as provided in paragraphs (2) and (2) A member of the committee, who gives set forth in subsection (2), and, if a report de- (3) of this section, a quorum for the trans- notice of an intention to file supplemental, scribed in subsection (3) has been prepared, it

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S862 CONGRESSIONAL RECORD — SENATE February 26, 2013 has been presented to the chairman and or agenda, the Committee staff shall commu- Subcommittee at which the amendment is to ranking member, and is available to other nicate such notice and agenda, or any revi- be proposed. The written copy of amend- members of the committee, upon request. sions to the agenda, as soon as practicable ments in the first degree required by this f by telephone or otherwise to Members or ap- Rule may be provided by electronic mail. propriate staff assistants in their offices. This subsection may be waived by a majority COMMITTEE ON HOMELAND SECU- D. Open business meetings. Meetings for of the Members present, or by consent of the RITY AND GOVERNMENTAL AF- the transaction of Committee or Sub- Chairman and Ranking Minority Member of FAIRS committee business shall be conducted in the Committee or Subcommittee. This sub- open session, except that a meeting or series section shall apply only when at least 72 of meetings on the same subject for a period hours written notice of a session to mark-up RULES OF PROCEDURE of no more than 14 calendar days may be a measure is provided to the Committee or closed to the public on a motion made and Subcommittee. Mr. CARPER. Madam President, rule seconded to go into closed session to discuss F. Meeting transcript. The Committee or XXVI, paragraph 2, of the Standing only whether the matters enumerated in Subcommittee shall prepare and keep a com- Rules of the Senate requires each com- clauses (1) through (6) below would require plete transcript or electronic recording ade- mittee to adopt rules to govern the the meeting to be closed, followed imme- quate to fully record the proceeding of each procedure of the Committee and to diately by a record vote in open session by a meeting whether or not such meeting or any publish those rules in the CONGRES- majority of the Committee or Subcommittee part thereof is closed to the public, unless a Members when it is determined that the majority of the Committee or Subcommittee SIONAL RECORD not later than March 1 matters to be discussed or the testimony to Members vote to forgo such a record. (Rule of the first year of each Congress. be taken at such meeting or meetings— XXVI, Sec. 5(e), Standing Rules of the Sen- Today, the Committee on Homeland (1) will disclose matters necessary to be ate.) Security and Governmental Affairs kept secret in the interests of national de- RULE 2. QUORUMS adopted Committee Rules of Proce- fense or the confidential conduct of foreign A. Reporting measures and matters. A ma- dure. relations of the United States; jority of the Members of the Committee (2) will relate solely to matters of Com- Consistent with Standing Rule XXVI, shall constitute a quorum for reporting to mittee or Subcommittee staff personnel or I ask unanimous consent to have a the Senate any measures, matters or rec- internal staff management or procedure; copy of the Rules of Procedure of the (3) will tend to charge an individual with ommendations. (Rule XXVI, Sec. 7(a)(1), Committee on Homeland Security and crime or misconduct, to disgrace or injure Standing Rules of the Senate.) B. Transaction of routine business. One- Governmental Affairs printed in the the professional standing of an individual, or third of the membership of the Committee otherwise expose an individual to public con- RECORD. shall constitute a quorum for the trans- tempt or obloquy or will represent a clearly There being no objection, the mate- action of routine business, provided that one unwarranted invasion of the privacy of an in- rial was ordered to be printed in the Member of the Minority is present. For the RECORD, as follows: dividual; (4) will disclose the identity of an informer purpose of this paragraph, the term ‘‘routine RULES OF PROCEDURE OF THE COM- or law enforcement agent or will disclose business’’ includes the convening of a meet- MITTEE ON HOMELAND SECURITY AND any information relating to the investiga- ing and the consideration of any business of GOVERNMENTAL AFFAIRS tion or prosecution of a criminal offense that the Committee other than reporting to the is required to be kept secret in the interests Senate any measures, matters or rec- PURSUANT TO RULE XXVI, SEC. 2, ommendations. (Rule XXVI, Sec. 7(a)(1), STANDING RULES OF THE SENATE of effective law enforcement; (5) will disclose information relating to the Standing Rules of the Senate.) RULE 1. MEETINGS AND MEETING PROCEDURES trade secrets of financial or commercial in- C. Taking testimony. One Member of the OTHER THAN HEARINGS formation pertaining specifically to a given Committee shall constitute a quorum for A. Meeting dates. The Committee shall person if— taking sworn or unsworn testimony. (Rule hold its regular meetings on the first (A) an Act of Congress requires the infor- XXVI, Sec. 7(a)(2) and 7(c)(2), Standing Rules Wednesday of each month, when the Con- mation to be kept confidential by Govern- of the Senate.) gress is in session, or at such other times as ment officers and employees; or D. Subcommittee quorums. Subject to the the Chairman shall determine. Additional (B) the information has been obtained by provisions of sections 7(a) (1) and (2) of Rule meetings may be called by the Chairman as the Government on a confidential basis, XXVI of the Standing Rules of the Senate, he/she deems necessary to expedite Com- other than through an application by such the Subcommittees of this Committee are mittee business. (Rule XXVI, Sec. 3, Stand- person for a specific Government financial or authorized to establish their own quorums ing Rules of the Senate.) other benefit, and is required to be kept se- for the transaction of business and the tak- B. Calling special Committee meetings. If cret in order to prevent undue injury to the ing of sworn testimony. at least three Members of the Committee de- competitive position of such person; or E. Proxies prohibited in establishment of sire the Chairman to call a special meeting, (6) may divulge matters required to be quorum. Proxies shall not be considered for they may file in the offices of the Committee kept confidential under other provisions of the establishment of a quorum. a written request therefor, addressed to the law or Government regulations. (Rule XXVI, RULE 3. VOTING Chairman. Immediately thereafter, the clerk Sec. 5(b), Standing Rules of the Senate.) Not- A. Quorum required. Subject to the provi- of the Committee shall notify the Chairman withstanding the foregoing, whenever dis- sions of subsection (E), no vote may be taken of such request. If, within 3 calendar days order arises during a Committee or Sub- by the Committee, or any Subcommittee after the filing of such request, the Chair- committee meeting that is open to the pub- thereof, on any measure or matter unless a man fails to call the requested special meet- lic, or any demonstration of approval or dis- quorum, as prescribed in the preceding sec- ing, which is to be held within 7 calendar approval is indulged in by any person in at- tion, is actually present. days after the filing of such request, a major- tendance at any such meeting, it shall be the B. Reporting measures and matters. No ity of the Committee Members may file in duty of the Chairman to enforce order on his measure, matter or recommendation shall be the offices of the Committee their written or her own initiative and without any point reported from the Committee unless a ma- notice that a special Committee meeting of order being made by a Member of the jority of the Committee Members are actu- will be held, specifying the date and hour Committee or Subcommittee; provided, fur- ally present, and the vote of the Committee thereof, and the Committee shall meet on ther, that when the Chairman finds it nec- to report a measure or matter shall require that date and hour. Immediately upon the essary to maintain order, he/she shall have the concurrence of a majority of those Mem- filing of such notice, the Committee chief the power to clear the room, and the Com- bers who are actually present at the time the clerk shall notify all Committee Members mittee or Subcommittee may act in closed vote is taken. (Rule XXVI, Sec. 7(a) (1) and that such special meeting will be held and session for so long as there is doubt of the as- (3), Standing Rules of the Senate.) inform them of its date and hour. (Rule surance of order. (Rule XXVI, Sec. 5(d), C. Proxy voting. Proxy voting shall be al- XXVI, Sec. 3, Standing Rules of the Senate.) Standing Rules of the Senate.) lowed on all measures and matters before the C. Meeting notices and agenda. Written no- E. Prior notice of first degree amendments. Committee, or any Subcommittee thereof, tices of Committee meetings, accompanied It shall not be in order for the Committee, or except that, when the Committee, or any by an agenda, enumerating the items of busi- a Subcommittee thereof, to consider any Subcommittee thereof, is voting to report a ness to be considered, shall be sent to all amendment in the first degree proposed to measure or matter, proxy votes shall be al- Committee Members at least 5 days in ad- any measure under consideration by the lowed solely for the purposes of recording a vance of such meetings, excluding Satur- Committee or Subcommittee unless a writ- Member’s position on the pending question. days, Sundays, and legal holidays in which ten copy of such amendment has been deliv- Proxy voting shall be allowed only if the ab- the Senate is not in session. The written no- ered to each Member of the Committee or sent Committee or Subcommittee Member tices required by this Rule may be provided Subcommittee, as the case may be, and to has been informed of the matter on which he by electronic mail. In the event that unfore- the office of the Committee or Sub- or she is being recorded and has affirma- seen requirements or Committee business committee, by no later than 5:00 p.m. two tively requested that he or she be so re- prevent a 5-day notice of either the meeting days before the meeting of the Committee or corded. All proxies shall be filed with the

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 26, 2013 CONGRESSIONAL RECORD — SENATE S863 chief clerk of the Committee or Sub- uled time set for a meeting or hearing, the Committee or Subcommittee may act in committee thereof, as the case may be. All Ranking Majority Member present shall pre- closed session for so long as there is doubt of proxies shall be in writing and shall contain side until the Chairman’s arrival. If there is the assurance of order. (Rule XXVI, Sec. 5(d), sufficient reference to the pending matter as no Member of the Majority present, the Standing Rules of the Senate.) is necessary to identify it and to inform the Ranking Minority Member present, with the C. Full Committee subpoenas. The Chair- Committee or Subcommittee as to how the prior approval of the Chairman, may open man, with the approval of the Ranking Mi- Member establishes his or her vote to be re- and conduct the meeting or hearing until nority Member of the Committee, is author- corded thereon. (Rule XXVI, Sec. 7(a)(3) and such time as a Member of the Majority ar- ized to subpoena the attendance of witnesses 7(c)(1), Standing Rules of the Senate.) rives. at a hearing or deposition or the production of memoranda, documents, records, or any D. Announcement of vote. (1) Whenever the RULE 5. HEARINGS AND HEARING PROCEDURES Committee by roll call vote reports any other materials, provided that the Chairman A. Announcement of hearings. The Com- measure or matter, the report of the Com- may subpoena attendance or production mittee, or any Subcommittee thereof, shall mittee upon such a measure or matter shall without the approval of the Ranking Minor- make public announcement of the date, include a tabulation of the votes cast in ity Member where the Chairman or a staff time, and subject matter of any hearing to favor of and the votes cast in opposition to officer designated by him/her has not re- be conducted on any measure or matter at such measure or matter by each Member of ceived notification from the Ranking Minor- least 1 week in advance of such hearing, un- the Committee. (Rule XXVI, Sec. 7(c), Stand- ity Member or a staff officer designated by less the Committee, or Subcommittee, deter- ing Rules of the Senate.) him/her of disapproval of the subpoena with- mines that there is good cause to begin such (2) Whenever the Committee by roll call in 72 hours, excluding Saturdays and Sun- hearing at an earlier date. (Rule XXVI, Sec. vote acts upon any measure or amendment days, of being notified of the subpoena. If a 4(a), Standing Rules of the Senate.) thereto, other than reporting a measure or subpoena is disapproved by the Ranking Mi- B. Open hearings. Each hearing conducted matter, the results thereof shall be an- nority Member as provided in this sub- by the Committee, or any Subcommittee nounced in the Committee report on that section, the subpoena may be authorized by thereof, shall be open to the public, except measure unless previously announced by the vote of the Members of the Committee. When that a hearing or series of hearings on the Committee, and such announcement shall in- the Committee or Chairman authorizes sub- same subject for a period of no more than 14 clude a tabulation of the votes cast in favor poenas, subpoenas may be issued upon the calendar days may be closed to the public on of and the votes cast in opposition to each signature of the Chairman or any other a motion made and seconded to go into such measure and amendment thereto by Member of the Committee designated by the closed session to discuss only whether the each Member of the Committee who was Chairman. matters enumerated in clauses (1) through D. Witness counsel. Counsel retained by present at the meeting. (Rule XXVI, Sec. (6) below would require the hearing to be any witness and accompanying such witness 7(b), Standing Rules of the Senate.) closed, followed immediately by a record (3) In any case in which a roll call vote is shall be permitted to be present during the vote in open session by a majority of the announced, the tabulation of votes shall testimony of such witness at any public or Committee or Subcommittee Members when state separately the proxy vote recorded in executive hearing or deposition to advise it is determined that the matters to be dis- favor of and in opposition to that measure, such witness while he or she is testifying, of cussed or the testimony to be taken at such amendment thereto, or matter. (Rule XXVI, his or her legal rights; provided, however, hearing or hearings— Sec. 7(b) and (c), Standing Rules of the Sen- that in the case of any witness who is an offi- (1) will disclose matters necessary to be ate.) cer or employee of the Government, or of a kept secret in the interests of national de- E. Polling. (1) The Committee, or any Sub- corporation or association, the Committee fense or the confidential conduct of foreign committee thereof, may poll (a) internal Chairman may rule that representation by relations of the United States; Committee or Subcommittee matters includ- counsel from the Government, corporation, (2) will relate solely to matters of Com- ing the Committee’s or Subcommittee’s or association or by counsel representing mittee or Subcommittee staff personnel or staff, records and budget; (b) steps in an in- other witnesses, creates a conflict of inter- internal staff management or procedure; vestigation, including issuance of subpoenas, est, and that the witness may only be rep- (3) will tend to charge an individual with applications for immunity orders, and re- resented during interrogation by staff or crime or misconduct, to disgrace or injure quests for documents from agencies; and (c) during testimony before the Committee by the professional standing of an individual, or other Committee or Subcommittee business personal counsel not from the Government, otherwise expose an individual to public con- other than a vote on reporting to the Senate corporation, or association or by personal tempt or obloquy or will represent a clearly any measures, matters or recommendations counsel not representing other witnesses. unwarranted invasion of the privacy of an in- or a vote on closing a meeting or hearing to This subsection shall not be construed to ex- dividual; the public. cuse a witness from testifying in the event (4) will disclose the identity of an informer (2) Only the Chairman, or a Committee his or her counsel is ejected for conducting or law enforcement agent or will disclose Member or staff officer designated by him/ himself or herself in such manner so as to any information relating to the investiga- her, may undertake any poll of the Members prevent, impede, disrupt, obstruct or inter- tion or prosecution of a criminal offense that of the Committee. If any Member requests, fere with the orderly administration of the is required to be kept secret in the interests any matter to be polled shall be held for hearings; nor shall this subsection be con- of effective law enforcement; meeting rather than being polled. The chief strued as authorizing counsel to coach the (5) will disclose information relating to the clerk of the Committee shall keep a record witness or answer for the witness. The fail- trade secrets of financial or commercial in- of polls; if a majority of the Members of the ure of any witness to secure counsel shall formation pertaining specifically to a given Committee determine that the polled matter not excuse such witness from complying person if— is in one of the areas enumerated in sub- with a subpoena or deposition notice. (A) an Act of Congress requires the infor- E. Witness transcripts. An accurate elec- section (D) of Rule 1, the record of the poll mation to be kept confidential by Govern- tronic or stenographic record shall be kept of shall be confidential. Any Committee Mem- ment officers and employees; or the testimony of all witnesses in executive ber may move at the Committee meeting fol- (B) the information has been obtained by and public hearings. The record of his or her lowing the poll for a vote on the polled deci- the Government on a confidential basis, testimony whether in public or executive sion, such motion and vote to be subject to other than through an application by such session shall be made available for inspec- the provisions of subsection (D) of Rule 1, person for a specific Government financial or tion by the witness or his or her counsel where applicable. other benefit, and is required to be kept se- under Committee supervision; a copy of any F. Naming postal facilities. The Com- cret in order to prevent undue injury to the testimony given in public session or that mittee will not consider any legislation that competitive position of such person; or part of the testimony given by the witness in would name a postal facility for a living per- (6) may divulge matters required to be executive session and subsequently quoted or son with the exception of bills naming facili- kept confidential under other provisions of made part of the record in a public session ties after former Presidents and Vice Presi- law or Government regulations. (Rule XXVI, shall be provided to any witness at his or her dents of the United States, former Members Sec. 5(b), Standing Rules of the Senate.) expense if he or she so requests. Upon in- of Congress over 70 years of age, former Notwithstanding the foregoing, whenever specting his or her transcript, within a time State or local elected officials over 70 years disorder arises during a Committee or Sub- limit set by the chief clerk of the Com- of age, former judges over 70 years of age, or committee meeting that is open to the pub- mittee, a witness may request changes in the wounded veterans. lic, or any demonstration of approval or dis- transcript to correct errors of transcription RULE 4. CHAIRMANSHIP OF MEETINGS AND approval is indulged in by any person in at- and grammatical errors; the Chairman or a HEARINGS tendance at any such meeting, it shall be the staff officer designated by him/her shall rule The Chairman shall preside at all Com- duty of the Chairman to enforce order on his on such requests. mittee meetings and hearings except that he or her own initiative and without any point F. Impugned persons. Any person whose or she shall designate a temporary Chairman of order being made by a Member of the name is mentioned or is specifically identi- to act in his or her place if he or she is un- Committee or Subcommittee; provided, fur- fied, and who believes that evidence pre- able to be present at a scheduled meeting or ther, that when the Chairman finds it nec- sented, or comment made by a Member of hearing. If the Chairman (or his or her des- essary to maintain order, he or she shall the Committee or staff officer, at a public ignee) is absent 10 minutes after the sched- have the power to clear the room, and the hearing or at a closed hearing concerning

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If it is transcribed, the of the numbers of individuals and businesses the hearing record by the Committee; transcript shall be made available for inspec- who would be regulated and a determination (b) Request the opportunity to appear per- tion by the witness or his or her counsel of the groups and classes of such individuals sonally before the Committee to testify in under Committee supervision. The witness and businesses, (b) a determination of the his or her own behalf, which request shall be shall sign a copy of the transcript and may economic impact of such regulation on the considered by the Committee; and request changes to it, which shall be handled individuals, consumers, and businesses af- (c) Submit questions in writing which he in accordance with the procedure set forth in fected, (c) a determination of the impact on or she requests be used for the cross-exam- subsection (E). If the witness fails to sign a the personal privacy of the individuals af- ination of other witnesses called by the Com- copy, the staff shall note that fact on the fected, and (d) a determination of the mittee, which questions shall be considered transcript. The individual administering the amount of paperwork that will result from for use by the Committee. oath shall certify on the transcript that the the regulations to be promulgated pursuant G. Radio, television, and photography. The witness was duly sworn in his or her pres- to the bill or joint resolution, which deter- Committee, or any Subcommittee thereof, ence, the transcriber shall certify that the mination may include, but need not be lim- may permit the proceedings of hearings transcript is a true record of the testimony, ited to, estimates of the amount of time and which are open to the public to be photo- and the transcript shall then be filed with financial costs required of affected parties, graphed and broadcast by radio, television or the chief clerk of the Committee. The Chair- showing whether the effects of the bill or both, subject to such conditions as the Com- man or a staff officer designated by him/her joint resolution could be substantial, as well mittee, or Subcommittee, may impose. (Rule may stipulate with the witness to changes in as reasonable estimates of the recordkeeping XXVI, Sec. 5(c), Standing Rules of the Sen- the procedure; deviations from this proce- requirements that may be associated with ate.) dure which do not substantially impair the the bill or joint resolution. Or, in lieu of the H. Advance statements of witnesses. A wit- reliability of the record shall not relieve the forgoing evaluation, the report shall include ness appearing before the Committee, or any witness from his or her obligation to testify a statement of the reasons for failure by the Subcommittee thereof, shall provide elec- truthfully. Committee to comply with these require- tronically a written statement of his or her RULE 6. COMMITTEE REPORTING PROCEDURES ments as impracticable, in the event of in- proposed testimony at least 48 hours prior to A. Timely filing. When the Committee has ability to comply therewith. (Rule XXVI, his or her appearance. This requirement may ordered a measure or matter reported, fol- Sec. 11(b), Standing Rules of the Senate.) be waived by the Chairman and the Ranking lowing final action, the report thereon shall RULE 7. SUBCOMMITTEES AND SUBCOMMITTEE Minority Member following their determina- be filed in the Senate at the earliest prac- PROCEDURES tion that there is good cause for failure of ticable time. (Rule XXVI, Sec. 10(b), Stand- compliance. (Rule XXVI, Sec. 4(b), Standing ing Rules of the Senate.) A. Regularly established Subcommittees. Rules of the Senate.) B. Supplemental, Minority, and additional The Committee shall have four regularly es- I. Minority witnesses. In any hearings con- views. A Member of the Committee who tablished Subcommittees. The Subcommit- ducted by the Committee, or any Sub- gives notice of his or her intention to file tees are as follows: committee thereof, the Minority Members of supplemental, Minority, or additional views Permanent Subcommittee on Investiga- the Committee or Subcommittee shall be en- at the time of final Committee approval of a tions titled, upon request to the Chairman by a measure or matter shall be entitled to not Subcommittee on the Efficiency and Effec- majority of the Minority Members, to call less than 3 calendar days in which to file tiveness of Federal Programs and the Fed- witnesses of their selection during at least 1 such views, in writing, with the chief clerk eral Workforce day of such hearings. (Rule XXVI, Sec. 4(d), of the Committee. Such views shall then be Subcommittee on Financial and Con- Standing Rules of the Senate.) included in the Committee report and print- tracting Oversight J. Full Committee depositions. Depositions ed in the same volume, as a part thereof, and Subcommittee on Emergency Manage- may be taken prior to or after a hearing as their inclusion shall be noted on the cover of ment, Intergovernmental Relations and the provided in this subsection. the report. In the absence of timely notice, District of Columbia (1) Notices for the taking of depositions the Committee report may be filed and B. Ad hoc Subcommittees. Following con- shall be authorized and issued by the Chair- printed immediately without such views. sultation with the Ranking Minority Mem- man, with the approval of the Ranking Mi- (Rule XXVI, Sec. 10(c), Standing Rules of the ber, the Chairman shall, from time to time, nority Member of the Committee, provided Senate.) establish such ad hoc Subcommittees as he/ that the Chairman may initiate depositions C. Notice by Subcommittee Chairmen. The she deems necessary to expedite Committee without the approval of the Ranking Minor- Chairman of each Subcommittee shall notify business. ity Member where the Chairman or a staff the Chairman in writing whenever any meas- C. Subcommittee membership. Following officer designated by him/her has not re- ure has been ordered reported by such Sub- consultation with the Majority Members, ceived notification from the Ranking Minor- committee and is ready for consideration by and the Ranking Minority Member of the ity Member or a staff officer designated by the full Committee. Committee, the Chairman shall announce se- him/her of disapproval of the deposition D. Draft reports of Subcommittees. All lections for membership on the Subcommit- within 72 hours, excluding Saturdays and draft reports prepared by Subcommittees of tees referred to in paragraphs A and B, Sundays, of being notified of the deposition this Committee on any measure or matter above. notice. If a deposition notice is disapproved referred to it by the Chairman shall be in the D. Subcommittee meetings and hearings. by the Ranking Minority Member as pro- form, style, and arrangement required to Each Subcommittee of this Committee is au- vided in this subsection, the deposition no- conform to the applicable provisions of the thorized to establish meeting dates and tice may be authorized by a vote of the Mem- Standing Rules of the Senate, and shall be in adopt rules not inconsistent with the rules of bers of the Committee. Committee deposi- accordance with the established practices the Committee except as provided in Rules tion notices shall specify a time and place followed by the Committee. Upon completion 2(D) and 7(E). for examination, and the name of the Com- of such draft reports, copies thereof shall be E. Subcommittee subpoenas. Each Sub- mittee Member or Members or staff officer filed with the chief clerk of the Committee committee is authorized to adopt rules con- or officers who will take the deposition. Un- at the earliest practicable time. cerning subpoenas which need not be con- less otherwise specified, the deposition shall E. Impact statements in reports. All Com- sistent with the rules of the Committee; pro- be in private. The Committee shall not ini- mittee reports, accompanying a bill or joint vided, however, that in the event the Sub- tiate procedures leading to criminal or civil resolution of a public character reported by committee authorizes the issuance of a sub- enforcement proceedings for a witness’ fail- the Committee, shall contain (1) an esti- poena pursuant to its own rules, a written ure to appear or produce unless the deposi- mate, made by the Committee, of the costs notice of intent to issue the subpoena shall tion notice was accompanied by a Com- which would be incurred in carrying out the be provided to the Chairman and Ranking mittee subpoena. legislation for the then current fiscal year Minority Member of the Committee, or staff (2) Witnesses may be accompanied at a and for each of the next 5 years thereafter officers designated by them, by the Sub- deposition by counsel to advise them of their (or for the authorized duration of the pro- committee Chairman or a staff officer des- legal rights, subject to the provisions of Rule posed legislation, if less than 5 years); and (2) ignated by him/her immediately upon such 5D. a comparison of such cost estimates with authorization, and no subpoena shall be (3) Oaths at depositions may be adminis- any made by a Federal agency; or (3) in lieu issued for at least 48 hours, excluding Satur- tered by an individual authorized by local of such estimate or comparison, or both, a days and Sundays, from delivery to the ap- law to administer oaths. Questions shall be statement of the reasons for failure by the propriate offices, unless the Chairman and propounded orally by a Committee Member Committee to comply with these require- Ranking Minority Member waive the 48-hour or Members or staff. If a witness objects to a ments as impracticable, in the event of in- waiting period or unless the Subcommittee question and refuses to testify, the objection ability to comply therewith. (Rule XXVI, Chairman certifies in writing to the Chair- shall be noted for the record and the Com- Sec. 11(a), Standing Rules of the Senate.) man and Ranking Minority Member that, in

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APPRISAL OF COMMITTEE BUSINESS investigations, shall file with the chief clerk his or her nomination; of the Committee, by a date and time pre- (3) A review of any actions, taken or pro- The Chairman and Ranking Minority Mem- scribed by the Chairman, its request for posed by the nominee, to remedy conflicts of ber shall keep each other apprised of hear- funds for the two (2) 12-month periods begin- interest; and ings, investigations, and other Committee ning on March 1 and extending through and (4) A review of any personal or legal mat- business. including the last day of February of the 2 ter which may bear upon the nominee’s f following years, which years comprise that qualifications for the office to which he or Congress. Each such request shall be sub- she is nominated. For the purpose of assist- COMMITTEE ON INDIAN AFFAIRS mitted on the budget form prescribed by the ing the Committee in the conduct of this in- Committee on Rules and Administration, quiry, a Majority investigator or investiga- and shall be accompanied by a written jus- tors shall be designated by the Chairman and RULES OF PROCEDURE tification addressed to the Chairman of the a Minority investigator or investigators Committee, which shall include (1) a state- shall be designated by the Ranking Minority Ms. CANTWELL. Madam President, I ment of the Subcommittee’s area of activi- Member. The Chairman, Ranking Minority ask unanimous consent to have printed ties, (2) its accomplishments during the pre- Member, other Members of the Committee, in the RECORD the Committee on In- ceding Congress detailed year by year, and and designated investigators shall have ac- dian Affairs Rules of Procedure. (3) a table showing a comparison between (a) cess to all investigative reports on nominees There being no objection, the mate- the funds authorized for expenditure during prepared by any Federal agency, except that rial was ordered to be printed in the the preceding Congress detailed year by only the Chairman, the Ranking Minority RECORD, as follows: year, (b) the funds actually expended during Member, or other Members of the Com- that Congress detailed year by year, (c) the mittee, upon request, shall have access to COMMITTEE ON INDIAN AFFAIRS amount requested for each year of the Con- the report of the Federal Bureau of Inves- RULES OF PROCEDURE gress, and (d) the number of professional and tigation. The Committee may request the as- Rule 1. The Standing Rules of the Senate, clerical staff members and consultants em- sistance of the U.S. Government Account- ployed by the Subcommittee during the pre- Senate Resolution 4, and the provisions of ability Office and any other such expert the Legislative Reorganization Act of 1946, ceding Congress detailed year by year and opinion as may be necessary in conducting the number of such personnel requested for as amended by the Legislative Reorganiza- its review of information provided by nomi- tion Act of 1970, as supplemented by these each year of the Congress. The Chairman nees. may request additional reports from the rules, are adopted as the rules of the Com- D. Report on the Nominee. After a review mittee to the extent the provisions of such Subcommittees regarding their activities of all information pertinent to the nomina- and budgets at any time during a Congress. Rules, Resolution, and Acts are applicable to tion, a confidential report on the nominee the Committee on Indian Affairs. (Rule XXVI, Sec. 9, Standing Rules of the shall be made in the case of judicial nomi- Senate.) nees and may be made in the case of non-ju- MEETING OF THE COMMITTEE RULE 8. CONFIRMATION STANDARDS AND dicial nominees by the designated investiga- Rule 2. The Committee shall meet on PROCEDURES tors to the Chairman and the Ranking Mi- Wednesday/Thursday while the Congress is in A. Standards. In considering a nomination, nority Member and, upon request, to any session for the purpose of conducting busi- the Committee shall inquire into the nomi- other Member of the Committee. The report ness, unless for the convenience of the Mem- nee’s experience, qualifications, suitability, shall summarize the steps taken by the Com- bers, the Chairman shall set some other day and integrity to serve in the position to mittee during its investigation of the nomi- for a meeting. Additional meetings may be which he or she has been nominated. The nee and the results of the Committee in- called by the Chairman as he may deem nec- Committee shall recommend confirmation, quiry, including any unresolved matters that essary. upon finding that the nominee has the nec- have been raised during the course of the in- OPEN HEARINGS AND MEETINGS essary integrity and is affirmatively quali- quiry. Rule 3(a). Hearings and business meetings fied by reason of training, education, or ex- E. Hearings. The Committee shall conduct of the Committee shall be open to the public perience to carry out the functions of the of- a public hearing during which the nominee except when the Chairman by a majority fice to which he or she was nominated. shall be called to testify under oath on all vote orders a closed hearing or meeting. B. Information concerning the Nominee. matters relating to his or her suitability for (b). Except as otherwise provided in the Each nominee shall submit the following in- office, including the policies and programs Rules of the Senate, a transcript or elec- formation to the Committee: which he or she will pursue while in that po- (1) A detailed biographical resume which tronic recording shall be kept of each hear- sition. No hearing shall be held until at least ing and business meeting of the Committee. contains information relating to education, 72 hours after the following events have oc- employment, and achievements; curred: The nominee has responded to pre- HEARING PROCEDURE (2) Financial information, in such speci- hearing questions submitted by the Com- Rule 4(a). Public notice, including notice ficity as the Committee deems necessary, in- mittee; and, if applicable, the report de- to Members of the Committee, shall be given cluding a list of assets and liabilities of the scribed in subsection (D) has been made to of the date, place and subject matter of any nominee and tax returns for the 3 years pre- the Chairman and Ranking Minority Mem- hearing to be held by the Committee at least ceding the time of his or her nomination, ber, and is available to other Members of the one week in advance of such hearing unless and copies of other relevant documents re- Committee, upon request. the Chairman of the Committee, with the quested by the Committee, such as a pro- F. Action on confirmation. A mark-up on a concurrence of the Vice Chairman, deter- posed blind trust agreement, necessary for nomination shall not occur on the same day mines that holding the hearing would be the Committee’s consideration; and, that the hearing on the nominee is held. In non-controversial or that special cir- (3) Copies of other relevant documents the order to assist the Committee in reaching a cumstances require expedited procedures and Committee may request, such as responses recommendation on confirmation, the staff a majority of the Committee Members at- to questions concerning the policies and pro- may make an oral presentation to the Com- tending concurs. In no case shall a hearing grams the nominee intends to pursue upon mittee at the mark-up, factually summa- be conducted with less than 24 hours’ notice. taking office. At the request of the Chairman rizing the nominee’s background and the (b). Each witness who is to appear before or the Ranking Minority Member, a nominee steps taken during the pre-hearing inquiry. the Committee shall submit his or her testi- shall be required to submit a certified finan- G. Application. The procedures contained mony by way of electronic mail, at least 48 cial statement compiled by an independent in subsections (C), (D), (E), and (F) of this hours in advance of a hearing, in a format auditor. Information received pursuant to rule shall apply to persons nominated by the determined by the Committee and sent to an this subsection shall be made available for President to positions requiring their full- electronic mail address specified by the Com- public inspection; provided, however, that time service. At the discretion of the Chair- mittee. tax returns shall, after review by persons man and Ranking Minority Member, those (c). Each Member shall be limited to five designated in subsection (C) of this rule, be procedures may apply to persons nominated (5) minutes of questioning of any witness placed under seal to ensure confidentiality. by the President to serve on a part-time until such time as all Members attending C. Procedures for Committee inquiry. The basis. who so desire have had an opportunity to Committee shall conduct an inquiry into the RULE 9. PERSONNEL ACTIONS AFFECTING question the witness unless the Committee experience, qualifications, suitability, and shall decide otherwise. integrity of nominees, and shall give par- COMMITTEE STAFF ticular attention to the following matters: In accordance with Rule XLII of the Stand- BUSINESS MEETING AGENDA (1) A review of the biographical informa- ing Rules of the Senate and the Congres- Rule 5(a). A legislative measure or subject tion provided by the nominee, including, but sional Accountability Act of 1995 (P.L. 104–1), shall be included in the agenda of the next

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S866 CONGRESSIONAL RECORD — SENATE February 26, 2013 following business meeting of the Committee session, determines that special cir- were truly equal partners with the Reagan if a written request by a Member for consid- cumstances require a full or partial excep- Administration in building the 600 ship Navy eration of such measure or subject has been tion to this rule. and a rejuvenated Marine Corps. filed with the Chairman of the Committee at (c). Members of the Committee are urged Perhaps the greatest among its many ac- least one week prior to such meeting. Noth- to make public a complete disclosure of their complishments was the role of the Com- ing in this rule shall be construed to limit financial interests on forms to be perfected mittee ( then a full committee titled The the authority of the Chairman of the Com- by the Committee in the manner required in Naval Affairs Committee) and its legendary mittee to include legislative measures or the case of Presidential nominees. chairman, Carl Vinson, in first persuading subjects on the Committee agenda in the ab- CONFIDENTIAL TESTIMONY and then partnering with President Franklin sence of such request. Roosevelt in urgently rebuilding the US Rule 9. No confidential testimony taken (b). Any bill, resolution, or other matter to Navy through the shipbuilding acts of 1934, by, or confidential material presented to the be considered by the Committee at a busi- 1936, 1938, and 1940. Those bills authorized Committee or any report of the proceedings ness meeting shall be filed with the Clerk of every new capital ship that fought to victory of a closed Committee hearing or business the Committee. Notice of, and the agenda in WWII. Without that Robust leadership of meeting shall be made public in whole or in for, any business meeting of the Committee, this committee, we could not have won the part, or by way of summary, unless author- and a copy of any bill, resolution, or other war. ized by a majority of the Members of the matter to be considered at the meeting, shall It is with that historic perspective that the Committee at a business meeting called for be provided to each Member and made avail- Committee should approach its current task. the purpose of making such a determination. able to the public at least three days prior to The current administration has called for a such meeting, and no new items may be DEFAMATORY STATEMENTS 300-ship Navy, up from the current 286. It is added after the agenda is published except by Rule 10. Any person whose name is men- their belief that such a number at half the the approval of a majority of the Members of tioned or who is specifically identified in, or size of the Reagan Navy, is sufficient for our the Committee. The notice and agenda of who believes that testimony or other evi- security on the grounds that newer ships are any business meeting may be provided to the dence presented at, an open Committee hear- better than the ones they replace. Members by electronic mail, provided that a ing tends to defame him or her or otherwise While that is true in some cases, such as paper copy will be provided to any Member adversely affect his or her reputation may submarines, it is not true for other ships upon request. The Clerk shall promptly no- file with the Committee for its consideration such as the new LCS (littoral combat ship), tify absent Members of any action taken by and action a sworn statement of facts rel- which does not have the capability of the the Committee on matters not included in evant to such testimony of evidence. older frigates that they replace. Moreover, our potential adversaries, from North Korea the published agenda. BROADCASTING OF HEARINGS OR MEETINGS (c). Any amendment(s) to any bill or reso- to the Iranian Navy, have improved their Rule 11. Any meeting or hearing by the lution to be considered shall be filed with the technology as well. Committee which is open to the public may Clerk not less than 24 hours in advance. This But most important, numbers still count: be covered in whole or in part by television, rule may be waived by the Chairman with The seas are great and our Navy is small. Internet, radio broadcast, or still photog- the concurrence of the Vice Chairman. The administrations position that ‘‘the raphy. Photographers and reporters using United States Navy will be everywhere in QUORUM mechanical recording, filming, or broad- the world that it has been, and it will be as Rule 6(a). Except as provided in subsection casting devices shall position their equip- much [present] as the 600-ship navy’’ is not (b), a majority of the Members shall con- ment so as not to interfere with the sight, persuasive. stitute a quorum for the transaction of busi- vision, and hearing of Members and staff on The size of the Navy in the Reagan admin- ness of the Committee. Except as provided in the dais or with the orderly process of the istration (it reached 594 ships in 1987) re- Senate Rule XXVI 7(a), a quorum is pre- meeting or hearing. flected a strategy to deter the Soviet Union’s sumed to be present unless the absence of a AUTHORIZING SUBPOENAS world-wide naval force. Today we face no quorum is noted by a Member. such powerful naval adversary, but the world (b). One Member shall constitute a quorum Rule 12. The Chairman may, with the agreement of the Vice Chairman, or the is just as large, and there is now greater for the purpose of conducting a hearing or American dependence on global trade and taking testimony on any measure or matter Committee may, by majority vote, authorize the issuance of subpoenas. many more disturbers of the peace. before the Committee. While we do not need 600 ships today, no VOTING AMENDING THE RULES naval experts believe a 300-ship Navy is large Rule 7(a). A recorded vote of the Members Rule 13. These rules may be amended only enough to guarantee freedom of the seas for shall be taken upon the request of any Mem- by a vote of a majority of all the Members of American and allied trade, for supporting ber. the Committee in a business meeting of the threatened allies, for deterring rogue states (b). A measure may be reported without a Committee: Provided, that no vote may be like Iran from closing vital straits, and for recorded vote from the Committee unless an taken on any proposed amendment unless maintaining stability in areas like the west- objection is made by a Member, in which such amendment is reproduced in full in the ern Pacific. For example, the bipartisan case a recorded vote by the Members shall be Committee agenda for such meeting at least Quadrennial Defense Review Independent required. A Member shall have the right to seven (7) days in advance of such meeting. Panel led by Stephen Hadley and William Perry last year concluded that the Navy have his or her additional views included in f the Committee report in accordance with should have at least 346 vessels. Senate Rule XXVI 10. MARITIME DEFENSE The more troubling problem is that the ad- (c). A Committee vote to report a measure ministration goal of 300 is counting ships Mr. MCCAIN. Mr. President, I ask that won’t be built at all. Last year, the to the Senate shall also authorize the staff of unanimous consent to have printed in the Committee to make necessary technical president’s budget called for cuts of $487 bil- and conforming changes to the measure. the RECORD the recent testimony of lion over the next decade. The President’s (d). Proxy voting shall be permitted on all former Secretary of the Navy John proposal for the sequester would mean an ad- matters, except that proxies may not be Lehman before the Seapower and Pro- ditional half-trillion dollars in mandatory counted for the purpose of determining the jection Forces Subcommittee of House defense reductions over the next decade. presence of a quorum. Unless further limited, Armed Services Committee. In my Naval readiness is already highly fragile. a proxy shall be exercised only for the date In order to meet current operational require- view, Secretary Lehman presents im- ments, the shrunken fleet stays deployed for which it is given and upon the terms pub- portant testimony that highlights the lished in the agenda for that date. longer and gets repaired less. There is now a need for maintaining a strong mari- serious shortage of Navy combat aircraft, SWORN TESTIMONY AND FINANCIAL STATEMENTS time defense capability in an increas- and for the first time since World War II Rule 8(a). Witnesses in Committee hear- ingly uncertain international security there are essentially no combat attrition re- ings may be required to give testimony environment. serves. But the biggest effects of budget cuts under oath whenever the Chairman or Vice There being no objection, the mate- will be on drastically curtailing naval oper- Chairman of the Committee deems it to be rial was ordered to be printed in the ations now and naval shipbuilding for the fu- necessary. ture. (b). At any hearing to confirm a Presi- RECORD, as follows: The Navy has cancelled the deployment of dential nomination, the testimony of the Testimony before the House Seapower and one carrier strike group, halving our deter- nominee, and at the request of any Member, Projection Forces Subcommittee by John rence in the Mid-East, and the CNO has tes- any other witness shall be under oath. Every Lehman, February 26th, 2013. tified that even more drastic cuts to deploy- nominee shall submit a financial statement, Mr. Chairman it is a special honor for me ments will immediately result when seques- on forms to be perfected by the Committee, to appear today before this historic com- ter takes effect. This is the correct policy by which shall be sworn to by the nominee as to mittee of Congress. In my six years as Navy leadership. The Navy cannot do more its completeness and accuracy. All such SecNav I spent hundreds of hours testifying with less, they can only do less with less. statements shall be made public by the Com- and consulting with Chairman Charlie Ben- Currently the Navy has 286 ships. In order mittee unless the Committee, in executive net and the bi-partisan membership. They to pay for even drastically reduced current

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 26, 2013 CONGRESSIONAL RECORD — SENATE S867 operations, the Administration will be retir- impossible to maintain a military of suffi- Congress. If Congress cannot be satis- ing a score or more of modern combat ships cient size and sophistication with which to fied that Mr. Meade will impartially (cruisers and amphibious vessels and frig- secure our liberties and protect the national and accurately interpret statutes, this ates) well before their useful life. In order to interest. The solution is clear and achiev- is a grave concern. The issues I have reach a 350-ship fleet in our lifetime, we able. raised appear uncontroversial. If a would need to increase shipbuilding to an av- MILITARY COMPENSATION erage of 15 ships every year. The latest budg- statute says that ‘‘nothing’’ in it can Just as entitlements are steadily squeezing et the administration has advanced proposes be construed to prevent the disclosure out discretionary spending in the Federal buying just 41 ships over five years. It is any- of information to Congress, I do not ex- budget, personnel costs in the Pentagon are thing but certain that the administration’s squeezing out operations and modernization. pect it to be interpreted to limit Con- budgets will sustain even that rate of only There has not been a comprehensive over- gress’ ability to access information. If eight ships per year, but even if they do, the haul of military compensation, retirement, a statute does not limit CFIUS’ ability United States is headed for a Navy of 240–250 and medical care since the original Gates to brief Members of Congress, I do not ships at best. So how is the Obama administration get- Commission during the Nixon Administra- expect it to be interpreted to limit ting to a 300-ship Navy? It projects a huge in- tion. It is long overdue. Over the last several CFIUS’ ability to brief Members of crease in naval shipbuilding beginning years years the Pentagon has done the difficult Congress. down the road, most of which would come work through the Defense Business Board to I strongly believe that Congress’ job after a second Obama term. In other words, establish the hard facts necessary to under- take such an effort. The Independent QDR does not end once it passes a statute. It the administration is radically cutting the is our job to ensure that the Executive size and strength of the Navy now, while try- panel two years ago recommended the estab- lishment of a bi-partisan commission to un- Branch enforces the statute the way it ing to avoid accountability by assuming that was written. I will object to proceeding a future president will find the means to fix dertake the task and report to Congress and the problem in the future. the President. Now is the time to act on that to Mr. Meade’s nomination until he This compromises our national security. recommendation. demonstrates that he will interpret The Navy is the foundation of America’s eco- SUMMARY these statutes consistent with their nomic and political presence in the world. This committee has an historic constitu- plain meaning. Other nations, like China, Russia, North tional responsibility, and in the present fis- BILL SCHULTZ Korea and Iran, are watching what we do— cal crisis a unique opportunity to put our Madam President, I would also like and on the basis of the evidence, they are un- Navy back on the proper course to secure our doubtedly concluding that America is declin- to express my opposition to moving future security. The Committee can’t do ev- forward with Bill Schultz as the Gen- ing in power and resolution. Russia and erything and must concentrate its efforts on China have each embarked on ambitious and the highest priorities where its unique power eral Counsel for the Health and Human enormously expensive naval buildups with can be decisive. I urge you to do so. Services Administration. My objection weapons designed specifically against Amer- is due to the agency’s refusal to re- ican carriers and submarines. f spond to my oversight requests. It is WHAT SHOULD THE COMMITTEE DO? NOMINATIONS OBJECTIONS not based on Mr. Shultz’s qualifica- I urge the committee to step up to the tions or ability to do the job. I have CHRISTOPHER MEADE challenge of the current crisis just as its met with Mr. Schultz and believe him Mr. GRASSLEY. Madam President. I former leader Carl Vinson did. That does not to be fair and hard working. just mean adding money and ships to the Ad- intend to object to proceeding to the However, as I mentioned to him dur- ministration’s request. It means instead pro- nomination of Christopher Meade to be ing his nomination hearing and when I viding a new framework of debate based on a General Counsel to the Treasury De- sound and simple strategy just as Vinson met with him personally—I have many partment for the following reason: At unanswered letters and document re- did. It means focusing the Debate on those his confirmation hearing, I asked Mr. key issues where legislation can be deter- quests pending with HHS. Specifically: Meade for the Treasury Department’s minant. I have received no response to my De- The current fiscal crisis should be har- legal basis for not responding to an cember 6, 2011, letter eliminating the nessed as a catalyst to enable the under- oversight request I made regarding the age restriction on Plan B; I received no taking of deep changes. Committee on Foreign Investment in response to Chairman ISSA and my The two highest priorities for the Com- the United States. Mr. Meade is cur- mittee should be fundamentally changing April 5, 2012, letter to FDA regarding rently the Acting General Counsel and the monitoring of FDA employees; I re- the disastrous systemic dysfunction of the his response appeared to indicate that DoD procurement process, and completely ceived no response to my July 16, 2012, re-setting the military compensation sys- he interpreted a statute which states: letter to FDA regarding the moni- tem. ‘‘Nothing in this subsection shall be toring of FDA employees; I received no construed to prevent disclosure to ei- PROCUREMENT response to my July 24, 2012, letter to The Department of Defense acquisition ther House of Congress or to any duly FDA regarding the monitoring of FDA process is seriously broken. Under the cur- authorized committee or subcommittee employees. rent system, it takes decades, not years, to of the Congress’’ as a limitation on This is unacceptable. develop and field weapons systems. Even Congress’ ability to access informa- FDA intentionally spied on confiden- worse, an increasing number of acquisition tion. The plain reading of the statute tial communication with Congress, the programs are plagued by cost over runs, appears contrary to this interpreta- Office of Special Counsel, and the whis- schedule slips and failures to perform. The tion. tleblowers private attorneys. Further- many horror stories like the F–35, the Air In addition, Mr. Meade appeared to Force tanker scandal, the Navy shipbuilding more, in a meeting with my staff you failures and the Army armor disasters are interpret a statute which requires indicated that one month was too long only the visible tip of an iceberg. The major CFIUS to brief certain specified Mem- for letters from Congress to go unan- cause has been unbridled bureaucratic bloat bers of Congress as restricting CFIUS’ swered. My letters have gone unan- (e.g. 690,000 DoD civilians, 250 uniformed ability to brief anyone except those swered ranging from 7 months to over Joint task forces) resulting in complete loss members. Again, the plain reading of a year. of line authority and accountability. As the the statute appears contrary to this in- Until I receive answers to my letters House Armed Services Committee formally terpretation. There is nothing in this concluded: and document requests, I am hesitant ‘‘Simply put, the Department of Defense statute which restricts Treasury from to agree to any movement on this nom- acquisition process is broken. The ability of briefing any other Members of Con- ination. the Department to conduct the large scale gress. f acquisitions required to ensure our future In an attempt to give Mr. Meade an national security is a concern of the com- opportunity to clarify his statements KALMBACH FEEDS 50TH mittee. The rising costs and lengthening and explain his legal reasoning I wrote ANNIVERSARY schedules of major defense acquisition pro- Mr. Meade another letter asking him Mr. PORTMAN. Madam President, grams lead to more expensive platforms to explain his logic and legal rea- today I wish to congratulate Kalmbach fielded with fewer numbers.’’ That is, of course, an understatement. We soning. I expect his reply shortly. Feeds, a family-owned company, on 50 are really engaged in a form of unilateral The most important role a Depart- years of serving Ohio farms and agri- disarmament through runaway costs. Unless ment General Counsel plays is in the business. Kalmbach Farms was founded the acquisition system is fixed it will soon be interpretation of statutes passed by in 1963 by Milton and Ruth Kalmbach,

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S868 CONGRESSIONAL RECORD — SENATE February 26, 2013 and their goal was to ‘‘create a new Today, I ask my colleagues to join me where he continues being a source of way of doing business.’’ Starting the in congratulating the Rotary Club of inspiration, courage, and patriotism business with only one truck and one Carson City for 75 years of service to for us all. A fellow veteran recently employee, the Kalmbach family opened the people of Nevada.∑ asked Art what kept him going during a mix-and-grind plant in Upper San- f his WWII captivity. In response, Mr. dusky, OH. That operation has grown Klein, now 91 years of age, struggled to TRIBUTE TO ARTHUR A. KLEIN into the large commercial farm it is raise a now frail right arm as high as today. ∑ Mr. TESTER. Mr. President, today I he could, and with a clenched fist and Kalmbach Farms has been on the wish to honor Arthur A. Klein, a vet- inspiring smile, said, ‘‘The USA.’’ forefront of feed production. The farm eran of World War II and resident of On behalf of a grateful nation, I com- manufactures and sells nutritional Billings, MT. mend Mr. Klein and his service to products for all livestock and poultry It is my honor to share the story of America.∑ Art’s service in World War II, because species and has been devoted to pro- f viding customers feed at a fair price. no story of bravery—and especially not The Kalmbach family has been able to one from our ‘‘greatest generation’’— MESSAGE FROM THE HOUSE expand its business model to include should ever be forgotten. At 2:46 p.m., a message from the Art was born October 17, 1921, in nutritional products for mink, wildlife, House of Representatives, delivered by Killam, Canada, to a large and hard- swine, and pets. With branches in both Mrs. Cole, one of its reading clerks, an- working prairie family. Hard times Michigan and Indiana, Kalmbach nounced that the House has passed the forced Art to move to Spokane, WA, to Farms’ products are regional leaders in following bill, in which it requests the find work, but he soon enlisted in the concurrence of the Senate: the animal nutrition industry and are U.S. Marine Corps in 1939 for a chance distributed in several States, including to proudly serve the Nation he would H.R. 667. An act to redesignate the Dryden Ohio, Indiana, Michigan, Kentucky, eventually adopt as his own. Flight Research Center as the Neil A. Arm- strong Flight Research Center and the West- West Virginia, Illinois, and New York. In August 1941, the Marine Corps as- Kalmbach Farms is now run by Mil- ern Aeronautical Test Range as the Hugh L. signed Art to the First Marine Defense Dryden Aeronautical Test Range. ton and Ruth’s son, Paul Kalmbach. Battalion on Wake Island: a remote This proud Ohio company employs over atoll 2,300 miles west of Hawaii where f 250 people, and since the business began the U.S. Navy was building a military MEASURES REFERRED there has not been a single layoff. base. Four hundred and forty-nine U.S. The following bill was read the first Kalmbach Feeds is continuing to look marines, 68 U.S. Navy personnel, 6 and the second times by unanimous to the future by expanding the business Army Air Corps soldiers, and 1,221 ci- consent, and referred as indicated: and offering more employment oppor- vilian workers occupied the three is- H.R. 667. An act to redesignate the Dryden tunities for individuals interested in lands comprising Wake Atoll. agriculture. I would like to congratu- Flight Research Center as the Neil A. Arm- Because of the International Date strong Flight Research Center and the West- late the Kalmbach family on their 50 Line, the Japanese attack on Pearl ern Aeronautical Test Range as the Hugh L. years of quality service. Harbor was December 8, 1941, at Wake Dryden Aeronautical Test Range; to the f Island. Wake Islands naval commander Committee on Commerce, Science, and Transportation. ADDITIONAL STATEMENTS received radio reports of the Japanese attack on Pearl Harbor and ordered the f island to full alert. Following the at- MEASURES PLACED ON THE tack on Pearl Harbor the Japanese CONGRATULATING THE ROTARY CALENDAR CLUB OF CARSON CITY planes attacked Wake Island. While de- fending the island, Mr. Klein was shot Under the authority of the order of ∑ Mr. HELLER. Madam President, in the leg. the Senate of February 14, 2013, the fol- today I wish to congratulate one of my U.S. forces on Wake Island fought for lowing bill was read the first and sec- home State’s finest community organi- many days without reinforcements or ond times by unanimous consent, and zations, the Rotary Club of Carson support, but they couldnt hold against placed on the calendar: City, for its 75 years of service to the overwhelming Japanese forces. To save S. 388. A bill to appropriately limit seques- Carson City community. civilians and military forces, the is- tration, to eliminate tax loopholes, and for The Rotary Club of Carson City has lands U.S. naval commander was forced other purposes. been committed to their ideal of ‘‘He to surrender the garrison. f Profits Most Who Serves Best’’ for On January 12, 1942, Mr. Klein was EXECUTIVE AND OTHER three quarters of a century. In 1937, placed aboard the Japanese ship Nitta COMMUNICATIONS Hans Jepson and Rev. John L. Harvey Maru and crowded into the ships cargo formed the Carson City Club with 25 hold. In the ships cargo hold, Mr. Klein The following communications were members on their chapter roll. Today, endured 7 days before docking in laid before the Senate, together with the Rotary Club in Carson City has Japan. accompanying papers, reports, and doc- grown to over 90 members who live by For the next 4 years, Mr. Klein uments, and were referred as indicated: their motto ‘‘Service Above Self’’ while worked in Japanese coal mines and EC–426. A communication from the Con- providing vitally important commu- crude steel mills. Once, a guard clubbed gressional Review Coordinator, Animal and nity service to the Carson City area. Mr. Klein into unconsciousness for sim- Plant Health Inspection Service, Department In addition, the club has been com- ply picking a small onion to eat. of Agriculture, transmitting, pursuant to mitted to fostering and promoting the Losing weight and in declining law, the report of a rule entitled ‘‘Importa- educational pursuits of students in health, Mr. Klein never gave up hope. tion of Horses from Contagious Equine Me- tritis-Affected Countries’’ ((RIN0579–AD31) Carson City. Each year, they award a 4- In September 1945, when Allied forces year college scholarship to a non-tradi- (Docket No. APHIS–2008–0112)) received in victoriously liberated Mr. Klein and the Office of the President of the Senate on tional student, as well as sponsor high other prisoners in Japan, Mr. Klein February 11, 2013; to the Committee on Agri- school students to participate in an weighed 85 pounds. culture, Nutrition, and Forestry. international youth exchange program. Returning in triumph to America and EC–427. A communication from the Acting The Carson Rotary Club also recog- freedom, Mr. Klein, now a sergeant in Administrator, Rural Utilities Service, De- nizes excellence in the classroom and the Marine Corps, spent weeks in a partment of Agriculture, transmitting, pur- academic achievement by honoring a military hospital to recover from his suant to law, the report of a rule entitled local student of the week and teacher captivity. Art eventually left the Ma- ‘‘Rural Broadband Access Loans and Loan of the month throughout each school Guarantees’’ (RIN0572–AC06) received in the rine Corps, became an American cit- Office of the President of the Senate on Feb- year. izen, and began a successful business ruary 12, 2013; to the Committee on Agri- The Rotarians are an important ex- career. culture, Nutrition, and Forestry. ample of the kind of dedicated service Art settled in Billings, MT, and has EC–428. A communication from the Direc- which makes our communities great. been active in veterans organizations tor of the Regulatory Management Division,

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 26, 2013 CONGRESSIONAL RECORD — SENATE S869 Environmental Protection Agency, transmit- Department of Agriculture, transmitting, the President of the Senate on February 13, ting, pursuant to law, the report of a rule en- pursuant to law, the report of a rule entitled 2013; to the Committee on Banking, Housing, titled ‘‘3-decen-2-one; Exemption from the ‘‘Pears Grown in Oregon and Washington; and Urban Affairs. Requirement of a Tolerance’’ (FRL No. 9378– Assessment Rate Decrease for Processed EC–446. A communication from the Chief 1) received in the Office of the President of Pears’’ (Docket No. AMS–FV–12–0031; FV12– Counsel, Federal Emergency Management the Senate on February 14, 2013; to the Com- 927–2 IR) received in the Office of the Presi- Agency, Department of Homeland Security, mittee on Agriculture, Nutrition, and For- dent of the Senate on February 14, 2013; to transmitting, pursuant to law, the report of estry. the Committee on Agriculture, Nutrition, a rule entitled ‘‘Final Flood Elevation Deter- EC–429. A communication from the Admin- and Forestry. minations’’ ((44 CFR Part 67) (Docket No. istrator, Agricultural Marketing Service, EC–437. A communication from the Admin- FEMA–2013–0002)) received in the Office of Department of Agriculture, transmitting, istrator, Agricultural Marketing Service, the President of the Senate on February 13, pursuant to law, the report of a rule entitled Department of Agriculture, transmitting, 2013; to the Committee on Banking, Housing, ‘‘Domestic Dates Produced or Packed in Riv- pursuant to law, the report of a rule entitled and Urban Affairs. erside County, CA; Decreased Assessment ‘‘Irish Potatoes Grown in Colorado; Modi- EC–447. A communication from the Chair- Rate’’ (Docket No. AMS–FV–12–0035; FV12– fication of the Handling Regulation for Area man and President of the Export-Import 987–1 IR) received in the Office of the Presi- No. 2’’ (Docket No. AMS–FV–12–0043; FV12– Bank, transmitting, pursuant to law, a re- dent of the Senate on February 14, 2013; to 948–1 IR) received in the Office of the Presi- port relative to transactions involving U.S. the Committee on Agriculture, Nutrition, dent of the Senate on February 14, 2013; to exports to Israel; to the Committee on Bank- and Forestry. the Committee on Agriculture, Nutrition, ing, Housing, and Urban Affairs. EC–430. A communication from the Admin- and Forestry. EC–448. A communication from the Direc- istrator, Agricultural Marketing Service, EC–438. A communication from the Admin- tor, Community Development Financial In- Department of Agriculture, transmitting, istrator, Agricultural Marketing Service, stitutions Fund, Department of the Treas- pursuant to law, the report of a rule entitled Department of Agriculture, transmitting, ury, transmitting, pursuant to law, the re- ‘‘Apricots Grown in Designated Counties in pursuant to law, the report of a rule entitled port of a rule entitled ‘‘Guarantees for Bonds Washington; Temporary Suspension of Han- ‘‘Soybean Promotion and Research: Amend Issued for Community or Economic Develop- dling Regulations’’ (Docket No. AMS–FV–12– the Order To Adjust Representation on the ment Purposes’’ (RIN1559–AA01) received in 0028; FV12–922–2 IR) received in the Office of United Soybean Board’’ (Docket No. AMS– the Office of the President of the Senate on the President of the Senate on February 14, LS–12–0022) received in the Office of the February 14, 2013; to the Committee on 2013; to the Committee on Agriculture, Nu- President of the Senate on February 14, 2013; Banking, Housing, and Urban Affairs. trition, and Forestry. to the Committee on Agriculture, Nutrition, EC–449. A communication from the Assist- EC–431. A communication from the Acting and Forestry. ant to the Board of Governors of the Federal Administrator, Agricultural Marketing EC–439. A communication from the Acting Reserve System, transmitting, pursuant to Service, Department of Agriculture, trans- Under Secretary of Defense (Personnel and law, the report of a rule entitled ‘‘Appraisals mitting, pursuant to law, the report of a rule Readiness), transmitting the report of an of- for Higher-Priced Mortgage Loans’’ entitled ‘‘National Organic Program; Peri- ficer authorized to wear the insignia of the (RIN7100–AD90) received in the Office of the odic Residue Testing’’ (Docket No. AMS– grade of major general in accordance with President of the Senate on February 13, 2013; NOP–10–0102; NOP–10–10FR) received in the title 10, United States Code, section 777; to to the Committee on Banking, Housing, and Office of the President of the Senate on Feb- the Committee on Armed Services. Urban Affairs. ruary 14, 2013; to the Committee on Agri- EC–440. A communication from the Under EC–450. A communication from the Attor- culture, Nutrition, and Forestry. Secretary of Defense (Acquisition, Tech- ney, Legal Division, Bureau of Consumer Fi- EC–432. A communication from the Admin- nology and Logistics), transmitting, pursu- nancial Protection, transmitting, pursuant istrator, Agricultural Marketing Service, ant to law, a report on operations of the Na- to law, the report of a rule entitled ‘‘Ap- Department of Agriculture, transmitting, tional Defense Stockpile (NDS) for fiscal praisals for Higher-Priced Mortgage Loans’’ pursuant to law, the report of a rule entitled year 2012; to the Committee on Armed Serv- ((RIN3170–AA11) (Docket No. CFPB–2012– ‘‘Marketing Order Regulating the Handling ices. 0031)) received during adjournment of the of Spearmint Oil Produced in the Far West; EC–441. A communication from the Under Senate in the Office of the President of the Revision of the Salable Quantity and Allot- Secretary of Defense (Acquisition, Tech- Senate on February 15, 2013; to the Com- ment Percentage for Class 1 (Scotch) and nology and Logistics), transmitting, pursu- mittee on Banking, Housing, and Urban Af- Class 3 (Native) Spearmint Oil for the 2012– ant to law, a report entitled ‘‘Strategic and fairs. 2013 Marketing Year’’ (Docket No. AMS–FV– Critical Materials 2013 Report on Stockpile EC–451. A communication from the Attor- 11–0088; FV12–985–1A IR) received in the Of- Requirements’’; to the Committee on Armed ney, Legal Division, Bureau of Consumer Fi- fice of the President of the Senate on Feb- Services. nancial Protection, transmitting, pursuant ruary 14, 2013; to the Committee on Agri- EC–442. A communication from the Sur- to law, the report of a rule entitled ‘‘Disclo- culture, Nutrition, and Forestry. geon General and Commanding General, US sure of Records and Information’’ ((RIN3170– EC–433. A communication from the Admin- Army Medical Command, Department of the AA01) (Docket No. CFPB–2012–0003)) received istrator, Agricultural Marketing Service, Army, transmitting, pursuant to law, a re- during adjournment of the Senate in the Of- Department of Agriculture, transmitting, port entitled ‘‘Inspection of Facilities Used fice of the President of the Senate on Feb- pursuant to law, the report of a rule entitled to House Warriors in Transition’’; to the ruary 15, 2013; to the Committee on Banking, ‘‘Avocados Grown in South Florida; De- Committee on Armed Services. Housing, and Urban Affairs. creased Assessment Rate’’ (Docket No. AMS– EC–443. A communication from the Asso- EC–452. A communication from the Attor- FV–11–0094; FV12–915–1 FIR) received in the ciate General Counsel for Legislation and ney, Legal Division, Bureau of Consumer Fi- Office of the President of the Senate on Feb- Regulations, Office of Housing, Department nancial Protection, transmitting, pursuant ruary 14, 2013; to the Committee on Agri- of Housing and Urban Development, trans- to law, the report of a rule entitled ‘‘Ability- culture, Nutrition, and Forestry. mitting, pursuant to law, the report of a rule to-Repay and Qualified Mortgage Standards EC–434. A communication from the Admin- entitled ‘‘Federal Housing Administration under the Truth in Lending Act (Regulation istrator, Agricultural Marketing Service, (FHA): Hospital Mortgage Insurance Pro- Z)’’ ((RIN3170–AA17) (Docket No. CFPB–2011– Department of Agriculture, transmitting, gram—Refinancing Hospital Loans’’ 0008, CFPB–2012–0022)) received during ad- pursuant to law, the report of a rule entitled (RIN2502–AI74) received in the Office of the journment of the Senate in the Office of the ‘‘Grapes Grown in Designated Area of South- President of the Senate on February 13, 2013; President of the Senate on February 15, 2013; eastern California; Increased Assessment to the Committee on Banking, Housing, and to the Committee on Banking, Housing, and Rate’’ (Docket No. AMS–FV–11–0090; FV 12– Urban Affairs. Urban Affairs. 925–1 FR) received in the Office of the Presi- EC–444. A communication from the Chief EC–453. A communication from the Attor- dent of the Senate on February 14, 2013; to Counsel, Federal Emergency Management ney, Legal Division, Bureau of Consumer Fi- the Committee on Agriculture, Nutrition, Agency, Department of Homeland Security, nancial Protection, transmitting, pursuant and Forestry. transmitting, pursuant to law, the report of to law, the report of a rule entitled ‘‘Mort- EC–435. A communication from the Admin- a rule entitled ‘‘Changes in Flood Elevation gage Servicing Rules under the Truth in istrator, Agricultural Marketing Service, Determinations’’ ((44 CFR Part 65) (Docket Lending Act (Regulation Z)’’ ((RIN3170– Department of Agriculture, transmitting, No. FEMA–2013–0002)) received in the Office AA14) (Docket No. CFPB–2012–0033)) received pursuant to law, the report of a rule entitled of the President of the Senate on February during adjournment of the Senate in the Of- ‘‘Apricots Grown in Designated Counties in 11, 2013; to the Committee on Banking, Hous- fice of the President of the Senate on Feb- Washington; Decreased Assessment Rate’’ ing, and Urban Affairs. ruary 15, 2013; to the Committee on Banking, (Docket No. AMS–FV–12–0027; FV12–922–1 IR) EC–445. A communication from the Chief Housing, and Urban Affairs. received in the Office of the President of the Counsel, Federal Emergency Management EC–454. A communication from the Attor- Senate on February 14, 2013; to the Com- Agency, Department of Homeland Security, ney, Legal Division, Bureau of Consumer Fi- mittee on Agriculture, Nutrition, and For- transmitting, pursuant to law, the report of nancial Protection, transmitting, pursuant estry. a rule entitled ‘‘Final Flood Elevation Deter- to law, the report of a rule entitled ‘‘Mort- EC–436. A communication from the Admin- minations’’ ((44 CFR Part 67) (Docket No. gage Servicing Rules under the Real Estate istrator, Agricultural Marketing Service, FEMA–2013–0002)) received in the Office of Settlement Act (Regulation X)’’ ((RIN3170–

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S870 CONGRESSIONAL RECORD — SENATE February 26, 2013 AA14) (Docket No. CFPB–2012–0034)) received By Ms. STABENOW, from the Committee Navy nomination of Rear Admiral William during adjournment of the Senate in the Of- on Agriculture, Nutrition, and Forestry, H. Hilarides, to be Vice Admiral. fice of the President of the Senate on Feb- without amendment: Navy nomination of Rear Adm. Joseph P. ruary 15, 2013; to the Committee on Banking, S. Res. 47. An original resolution author- Aucoin, to be Vice Admiral. Housing, and Urban Affairs. izing expenditures by the Committee on Ag- Mr. LEVIN. Mr. President, for the EC–455. A communication from the Attor- riculture, Nutrition and Forestry. Committee on Armed Services I report ney, Legal Division, Bureau of Consumer Fi- By Mr. SANDERS, from the Committee on favorably the following nomination nancial Protection, transmitting, pursuant Veterans’ Affairs, without amendment: to law, the report of a rule entitled ‘‘Disclo- S. Res. 48. An original resolution author- lists which were printed in the sure and Delivery Requirements for Copies of izing expenditures by the Committee on Vet- RECORDS on the dates indicated, and Appraisals and Other Written Valuations erans’ Affairs. ask unanimous consent, to save the ex- under the Equal Credit Opportunity Act By Mr. NELSON, from the Special Com- pense of reprinting on the Executive (Regulation B)’’ ((RIN3170–AA26) (Docket No. mittee on Aging, without amendment: Calendar that these nominations lie at CFPB–2012–0032)) received during adjourn- S. Res. 49. An original resolution author- the Secretary’s desk for the informa- ment of the Senate in the Office of the Presi- izing expenditures by the Special Committee tion of Senators. dent of the Senate on February 15, 2013; to on Aging. The PRESIDING OFFICER. Without the Committee on Banking, Housing, and By Mrs. FEINSTEIN, from the Select Com- Urban Affairs. mittee on Intelligence, without amendment: objection, it is so ordered. EC–456. A communication from the Attor- S. Res. 50. An original resolution author- Air Force nominations beginning with ney, Legal Division, Bureau of Consumer Fi- izing expenditures by the Select Committee Alan S. Fine and ending with Paul R. New- nancial Protection, transmitting, pursuant on Intelligence. bold, which nominations were received by to law, the report of a rule entitled ‘‘Loan By Mr. ROCKEFELLER, from the Com- the Senate and appeared in the Congres- Originator Compensation Requirements mittee on Commerce, Science, and Transpor- sional Record on February 7, 2013. under the Truth in Lending Act (Regulation tation, without amendment: Army nomination of Jasmine T. N. Dan- Z)’’ ((RIN3170–AA13) (Docket No. CFPB–2012– S. Res. 51. An original resolution author- iels, to be Colonel. 0037)) received during adjournment of the izing expenditures by the Committee on Army nomination of Paul W. Roecker, to Senate in the Office of the President of the Commerce, Science, and Transportation. be Colonel. Army nominations beginning with James Senate on February 15, 2013; to the Com- By Ms. CANTWELL, from the Committee B. Barkley and ending with Michael E. mittee on Banking, Housing, and Urban Af- on Indian Affairs, without amendment: Spraggins, which nominations were received fairs. S. Res. 52. An original resolution author- izing expenditures by the Senate Committee by the Senate and appeared in the Congres- f on Indian Affairs. sional Record on February 7, 2013. REPORTS OF COMMITTEES ON By Mrs. MURRAY, from the Committee on Army nomination of Lena M. Fabian, to be the Budget, without amendment: Major. FEBRUARY 25, 2013 Army nominations beginning with Yiming S. Res. 53. An original resolution author- A. Ching and ending with Joseph F. Good- The following reports of committees izing expenditures by the Committee on the man, which nominations were received by were submitted: Budget. the Senate and appeared in the Congres- By Mr. HARKIN, from the Committee on By Mr. CARPER, from the Committee on sional Record on February 7, 2013. Health, Education, Labor, and Pensions, Homeland Security and Governmental Af- Army nominations beginning with William without amendment: fairs, without amendment: C. Alley and ending with D010916, which S. Res. 38. An original resolution author- S. Res. 54. An original resolution author- nominations were received by the Senate and izing expenditures by the Committee on izing expenditures by the Committee on appeared in the Congressional Record on Health, Education, Labor, and Pensions. Homeland Security and Governmental Af- February 7, 2013. By Ms. LANDRIEU, from the Committee fairs. on Small Business and Entrepreneurship, Army nominations beginning with Alison By Mr. WYDEN, from the Committee on R. Huppman and ending with Allegra E. without amendment: Energy and Natural Resources, without S. Res. 39. An original resolution author- Lobell, which nominations were received by amendment: the Senate and appeared in the Congres- izing expenditures by the Committee on S. Res. 55. An original resolution author- Small Business and Entrepreneurship for sional Record on February 7, 2013. izing expenditures by the Committee on En- Army nominations beginning with Thomas March 1, 2013 through September 30, 2013. ergy and Natural Resources. By Mr. MENENDEZ, from the Committee M. Grego and ending with George J. Zeckler, on Foreign Relations, without amendment: f which nominations were received by the Sen- S. Res. 40. An original resolution author- EXECUTIVE REPORTS OF ate and appeared in the Congressional Record on February 7, 2013. izing expenditures by the Committee on For- COMMITTEES eign Relations. Navy nominations beginning with Andrew The following executive reports of W. Deley and ending with Gregory E. f nominations were submitted: Ringler, which nominations were received by the Senate and appeared in the Congres- REPORTS OF COMMITTEES By Mr. LEVIN for the Committee on sional Record on February 7, 2013. The following reports of committees Armed Services. were submitted: Air Force nominations beginning with By Mr. BAUCUS for the Committee Brigadier General Arnold W. Bunch, Jr. and on Finance. By Mr. LEVIN, from the Committee on ending with Brigadier General Scott J. Armed Services, without amendment: *Christopher J. Meade, of New York, to be S. Res. 42. An original resolution author- Zobrist, which nominations were received by General Counsel for the Department of the izing expenditures by the Committee on the Senate and appeared in the Congres- Treasury. Armed Services. sional Record on January 22, 2013. *William B. Schultz, of the District of Co- By Mr. SCHUMER, from the Committee on Air Force nominations beginning with lumbia, to be General Counsel of the Depart- Rules and Administration, without amend- Colonel Nina M. Armagno and ending with ment of Health and Human Services. ment: Colonel John M. Wood, which nominations *Jacob J. Lew, of New York, to be Sec- S. Res. 43. An original resolution author- were received by the Senate and appeared in retary of the Treasury. izing expenditures by the Committee on the Congressional Record on January 22, *Nomination was reported with rec- Rules and Administration. 2013. ommendation that it be confirmed sub- By Mr. JOHNSON, of South Dakota, from Air Force nomination of Lt. Gen. Robin ject to the nominee’s commitment to Rand, to be Lieutenant General. the Committee on Banking, Housing, and respond to requests to appear and tes- Urban Affairs, without amendment: Army nomination of Lt. Gen. John M. S. Res. 44. An original resolution author- Bednarek, to be Lieutenant General. tify before any duly constituted com- izing expenditures by the Committee on Army nomination of General Lloyd J. Aus- mittee of the Senate. Banking, Housing, and Urban Affairs. tin III, to be General. (Nominations without an asterisk By Mrs. BOXER, from the Committee on Army nomination of Lieutenant General were reported with the recommenda- Environment and Public Works, without Robert L. Caslen, Jr., to be Lieutenant Gen- tion that they be confirmed.) eral. amendment: f S. Res. 45. An original resolution author- Army nomination of Lt. Gen. John F. izing expenditures by the Committee on En- Campbell, to be General. INTRODUCTION OF BILLS AND vironment and Public Works of the Senate. Army nomination of Lt. Gen. Vincent K. JOINT RESOLUTIONS By Mr. LEAHY, from the Committee on Brooks, to be General. the Judiciary, without amendment: Army nomination of Gen. David M. Rodri- The following bills and joint resolu- S. Res. 46. An original resolution author- guez, to be General. tions were introduced, read the first izing expenditures by the Committee on the Marine Corps nomination of Brig. Gen. and second times by unanimous con- Judiciary. Paul W. Brier, to be Major General. sent, and referred as indicated:

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 26, 2013 CONGRESSIONAL RECORD — SENATE S871 By Mr. CORKER (for himself and Mr. S. 384. A bill to exempt National Forest riculture, Nutrition and Forestry; from the ALEXANDER): System land in the State of Alaska from the Committee on Agriculture, Nutrition, and S. 11. A bill to provide a comprehensive Roadless Area Conservation Rule; to the Forestry; to the Committee on Rules and Ad- deficit reduction plan, and for other pur- Committee on Energy and Natural Re- ministration. poses; to the Committee on Finance. sources. By Mr. SANDERS: By Mr. COATS: By Mr. BEGICH (for himself, Mr. S. Res. 48. An original resolution author- S. 12. A bill to provide for the transfer of CRAPO, Ms. MURKOWSKI, Mr. TESTER, izing expenditures by the Committee on Vet- naval vessels to certain foreign recipients; to and Mr. BAUCUS): erans’ Affairs; from the Committee on Vet- the Committee on Foreign Relations. S. 385. A bill to deem the submission of cer- erans’ Affairs; to the Committee on Rules By Mr. GRAHAM (for himself, Mr. tain claims to an Indian Health Service con- and Administration. THUNE, and Mr. COATS): tracting officer as timely; to the Committee By Mr. NELSON: S. 13. A bill to authorize the Secretary of on Indian Affairs. S. Res. 49. An original resolution author- Health and Human Services, acting through By Mr. BEGICH: izing expenditures by the Special Committee the Administrator of the Health Resources S. 386. A bill to amend the Consolidated on Aging; from the Special Committee on and Services Administration, to award Farm and Rural Development Act to provide Aging; to the Committee on Rules and Ad- grants on a competitive basis to public and and improve housing in the rural areas for ministration. private entities to provide qualified sexual educators, public safety officers, and medical By Mrs. FEINSTEIN: risk avoidance education to youth and their providers, and their households, and for S. Res. 50. An original resolution author- parents; to the Committee on Health, Edu- other purposes; to the Committee on Agri- izing expenditures by the Select Committee cation, Labor, and Pensions. culture, Nutrition, and Forestry. on Intelligence; from the Select Committee By Ms. MURKOWSKI (for herself and By Mr. ROCKEFELLER (for himself on Intelligence; to the Committee on Rules Mr. BEGICH): and Mr. LAUTENBERG): and Administration. S. 14. A bill to provide for the partial set- S. 387. A bill to establish the American In- By Mr. ROCKEFELLER: tlement of certain claims under the Alaska frastructure Investment Fund and other ac- S. Res. 51. An original resolution author- Native Claims Settlement Act; to the Com- tivities to facilitate investments in infra- izing expenditures by the Committee on mittee on Energy and Natural Resources. structure projects that significantly enhance Commerce, Science, and Transportation; By Mr. PAUL (for himself, Mr. LEE, the economic competitiveness of the United from the Committee on Commerce, Science, Mr. RUBIO, Ms. AYOTTE, Mr. MORAN, States by improving economic output, pro- and Transportation; to the Committee on Mr. MANCHIN, Mr. GRASSLEY, Mrs. ductivity, or competitive commercial advan- Rules and Administration. FISCHER, Mr. ROBERTS, Mr. ISAKSON, tage, and for other purposes; to the Com- By Ms. CANTWELL: Mr. ENZI, Mr. VITTER, Mr. PORTMAN, mittee on Commerce, Science, and Transpor- S. Res. 52. An original resolution author- Mr. JOHNSON of Wisconsin, Mr. COR- tation. izing expenditures by the Senate Committee NYN, Mr. CRAPO, Mr. FLAKE, Mr. By Mr. REID (for Ms. MIKULSKI (for on Indian Affairs; to the Committee on Rules CHAMBLISS, Mr. BARRASSO, Mr. SES- herself, Mrs. MURRAY, and Mr. REID)): and Administration. SIONS, and Mr. INHOFE): S. 388. A bill to appropriately limit seques- By Mrs. MURRAY: S. 15. A bill to amend chapter 8 of title 5, tration, to eliminate tax loopholes, and for S. Res. 53. An original resolution author- United States Code, to provide that major other purposes; placed on the calendar. izing expenditures by the Committee on the rules of the executive branch shall have no By Mr. BAUCUS (for himself and Mr. Budget; from the Committee on the Budget; force or effect unless a joint resolution of ap- TESTER): to the Committee on Rules and Administra- proval is enacted into law; to the Committee S. 389. A bill to amend title 10, United tion. on Homeland Security and Governmental Af- States Code, to authorize long-term con- By Mr. CARPER: fairs. tracts for the procurement of certain liquid S. Res. 54. An original resolution author- By Mr. RUBIO (for himself, Ms. transportation fuels for the Department of izing expenditures by the Committee on AYOTTE, Mr. BLUNT, Mr. ISAKSON, Mr. Defense; to the Committee on Armed Serv- Homeland Security and Governmental Af- JOHNSON of Wisconsin, Mr. LEE, Mr. ices. fairs; from the Committee on Homeland Se- MCCAIN, Mr. RISCH, Mr. THUNE, and f curity and Governmental Affairs; to the Mr. VITTER): Committee on Rules and Administration. S. 379. A bill to rescind $45 billion of unob- SUBMISSION OF CONCURRENT AND By Mr. WYDEN: ligated discretionary appropriations, and for SENATE RESOLUTIONS S. Res. 55. An original resolution author- other purposes; to the Committee on the izing expenditures by the Committee on En- Budget. The following concurrent resolutions ergy and Natural Resources; from the Com- By Mrs. MURRAY: and Senate resolutions were read, and mittee on Energy and Natural Resources; to S. 380. A bill to amend the Public Health referred (or acted upon), as indicated: the Committee on Rules and Administration. Service Act to reauthorize and update the By Mr. LEVIN: By Mr. CARDIN (for himself, Mr. National Child Traumatic Stress Initiative S. Res. 42. An original resolution author- PORTMAN, Ms. MIKULSKI, Mr. SCHU- for grants to address the problems of individ- izing expenditures by the Committee on MER, Mrs. GILLIBRAND, and Mr. uals who experience trauma and violence re- Armed Services; from the Committee on BROWN): lated stress; to the Committee on Health, Armed Services; to the Committee on Rules S. Res. 56. A resolution recognizing the sig- Education, Labor, and Pensions. and Administration. nificance of the 100th anniversary of the By Mr. BROWN (for himself, Mr. BOOZ- By Mr. SCHUMER: death of Harriet Ross Tubman; considered MAN, Mr. LAUTENBERG, Mr. BAUCUS, S. Res. 43. An original resolution author- and agreed to. Mr. TESTER, Mr. NELSON, Ms. CANT- izing expenditures by the Committee on By Mr. BROWN (for himself, Mr. BAR- WELL, Mr. SCHATZ, and Mrs. MURRAY): Rules and Administration; from the Com- RASSO, Mr. WHITEHOUSE, Mr. PRYOR, S. 381. A bill to award a Congressional Gold mittee on Rules and Administration; placed and Mrs. HAGAN): Medal to the World War II members of the on the calendar. S. Res. 57. A resolution designating Feb- ‘‘Doolittle Tokyo Raiders’’, for outstanding By Mr. JOHNSON of South Dakota: heroism, valor, skill, and service to the S. Res. 44. An original resolution author- ruary 28, 2013, as ‘‘Rare Disease Day’’; con- United States in conducting the bombings of izing expenditures by the Committee on sidered and agreed to. Tokyo; to the Committee on Banking, Hous- Banking, Housing, and Urban Affairs; from f ing, and Urban Affairs. the Committee on Banking, Housing, and By Mr. SCHUMER (for himself and Mr. Urban Affairs; to the Committee on Rules ADDITIONAL COSPONSORS CRAPO): and Administration. S. 382. A bill to amend title XVIII of the By Mrs. BOXER: S. 175 Social Security Act to allow physician as- S. Res. 45. An original resolution author- At the request of Mr. ROBERTS, the sistants, nurse practitioners, and clinical izing expenditures by the Committee on En- name of the Senator from Georgia (Mr. nurse specialists to supervise cardiac, inten- vironment and Public Works of the Senate; CHAMBLISS) was added as a cosponsor of sive cardiac, and pulmonary rehabilitation from the Committee on Environment and S. 175, a bill to amend the Federal In- programs; to the Committee on Finance. Public Works; to the Committee on Rules By Mrs. MURRAY (for herself and Ms. and Administration. secticide, Fungicide, and Rodenticide CANTWELL): By Mr. LEAHY: Act to improve the use of certain reg- S. 383. A bill to amend the Wild and Scenic S. Res. 46. An original resolution author- istered pesticides. Rivers Act to designate a segment of Illabot izing expenditures by the Committee on the S. 183 Creek in Skagit County, Washington, as a Judiciary; from the Committee on the Judi- At the request of Mrs. MCCASKILL, component of the National Wild and Scenic ciary; to the Committee on Rules and Ad- Rivers System; to the Committee on Energy ministration. the name of the Senator from Oregon and Natural Resources. By Ms. STABENOW: (Mr. MERKLEY) was added as a cospon- By Mr. BEGICH (for himself and Ms. S. Res. 47. An original resolution author- sor of S. 183, a bill to amend title XVIII MURKOWSKI): izing expenditures by the Committee on Ag- of the Social Security Act to provide

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S872 CONGRESSIONAL RECORD — SENATE February 26, 2013 for fairness in hospital payments under Dakota (Mr. JOHNSON), the Senator the sense of the Senate in disapproving the Medicare program. from Oregon (Mr. MERKLEY), the Sen- the proposal of the International Olym- S. 210 ator from New Hampshire (Mrs. SHA- pic Committee Executive Board to At the request of Mr. HELLER, the HEEN) and the Senator from Michigan eliminate wrestling from the Summer names of the Senator from South Da- (Ms. STABENOW) were added as cospon- Olympic Games beginning in 2020. kota (Mr. JOHNSON) and the Senator sors of S. 338, a bill to amend the Land f and Water Conservation Fund Act of from Colorado (Mr. UDALL) were added STATEMENTS ON INTRODUCED 1965 to provide consistent and reliable as cosponsors of S. 210, a bill to amend BILLS AND JOINT RESOLUTIONS title 18, United States Code, with re- authority for, and for the funding of, spect to fraudulent representations the land and water conservation fund By Ms. MURKOWSKI (for herself about having received military dec- to maximize the effectiveness of the and Mr. BEGICH): larations or medals. fund for future generations, and for S. 14. A bill to provide for the partial S. 234 other purposes. settlement of certain claims under the Alaska Native Claims Settlement Act; At the request of Mr. REID, the name S. 346 to the Committee on Energy and Nat- of the Senator from Alaska (Mr. At the request of Mr. TESTER, the ural Resources. BEGICH) was added as a cosponsor of S. name of the Senator from Oregon (Mr. Ms. MURKOWSKI. Mr. President, I 234, a bill to amend title 10, United MERKLEY) was added as a cosponsor of rise today to introduce legislation to States Code, to permit certain retired S. 346, a bill to amend title 10, United provide a small interim conveyance of members of the uniformed services who States Code, to permit veterans who lands to the Sealaska Native Regional have a service-connected disability to have a service-connected, permanent Corporation of Southeast Alaska, a receive both disability compensation disability rated as total to travel on conveyance designed simply to keep from the Department of Veterans Af- military aircraft in the same manner Sealaska in business for the next year fairs for their disability and either re- and to the same extent as retired mem- or so to give this Congress sufficient tired pay by reason of their years of bers of the Armed Forces entitled to time to consider a more comprehensive military service or Combat-Related such travel. solution to the issue of how to com- Special Compensation, and for other S. 357 plete the Native corporation’s land purposes. At the request of Mr. CARDIN, the conveyances authorized 42 years ago. S. 294 names of the Senator from Ohio (Mr. Several weeks ago I and my col- ESTER At the request of Mr. T , the BROWN), the Senator from Massachu- league Sen. MARK BEGICH reintroduced name of the Senator from Illinois (Mr. setts (Ms. WARREN) and the Senator legislation first proposed in 2007 and DURBIN) was added as a cosponsor of S. from New Hampshire (Mrs. SHAHEEN) 2008 to resolve problems with land con- 294, a bill to amend title 38, United were added as cosponsors of S. 357, a veyances to Southeast Alaska Natives, States Code, to improve the disability bill to encourage, enhance, and inte- S. 340, stemming from passage of the compensation evaluation procedure of grate Blue Alert plans throughout the Alaska Native Claims Settlement Act the Secretary of Veterans Affairs for United States in order to disseminate of 1971. Back in the 110th Congress veterans with mental health conditions information when a law enforcement there was plenty of time to resolve related to military sexual trauma, and officer is seriously injured or killed in these land conveyance issues. Unfortu- for other purposes. the line of duty. nately as we begin the 113th Congress, S. 296 S. 367 the Sealaska Corporation has nearly At the request of Mr. LEAHY, the At the request of Mr. CARDIN, the exhausted its ability to use its lands in name of the Senator from Rhode Island names of the Senator from Rhode Is- Southeast to benefit their shareholders (Mr. WHITEHOUSE) was added as a co- land (Mr. REED) and the Senator from in a socially responsible manner. This sponsor of S. 296, a bill to amend the Missouri (Mr. BLUNT) were added as co- bill that we introduce today is a small Immigration and Nationality Act to sponsors of S. 367, a bill to amend title stop-gap measure to give the corpora- eliminate discrimination in the immi- XVIII of the Social Security Act to re- tion a one- or two-year additional sup- gration laws by permitting permanent peal the Medicare outpatient rehabili- ply of accessible lands to guarantee the partners of United States citizens and tation therapy caps. continued operations of the corpora- lawful permanent residents to obtain S. 369 tion in order to give us and the House lawful permanent resident status in At the request of Mr. RUBIO, the of Representatives additional time to the same manner as spouses of citizens name of the Senator from Indiana (Mr. again consider a more comprehensive and lawful permanent residents and to COATS) was added as a cosponsor of S. settlement of Southeast Alaska Native penalize immigration fraud in connec- 369, a bill to amend title 18, United land issues. tion with permanent partnerships. States Code, to prohibit taking minors Today I am proposing legislation to S. 313 across State lines in circumvention of grant Sealaska quick conveyance of At the request of Mr. CASEY, the laws requiring the involvement of par- the two smallest parcels of lands under names of the Senator from Maine (Ms. ents in abortion decisions. consideration for conveyance to it as COLLINS), the Senator from North Caro- part of a broader land settlement revi- S. 375 lina (Mrs. HAGAN), the Senator from sion. The parcels totaling 3,380 acres of At the request of Mr. TESTER, the Louisiana (Ms. LANDRIEU) and the Sen- the 68,000 acres proposed in the broader name of the Senator from Rhode Island ator from Maryland (Ms. MIKULSKI) bill, include 2,000 acres at North Elec- were added as cosponsors of S. 313, a (Mr. WHITEHOUSE) was added as a co- tion Creek on central Prince of Wales bill to amend the Internal Revenue sponsor of S. 375, a bill to require Sen- Island, lands adjacent to existing Code of 1986 to provide for the tax ate candidates to file designations, Sealaska lands on the island, and 1,380 treatment of ABLE accounts estab- statements, and reports in electronic acres on the west side of the Cleveland lished under State programs for the form. Peninsula north of Ketchikan, lands care of family members with disabil- S. RES. 30 also adjacent to Sealaska’s current ities, and for other purposes. At the request of Mr. ROBERTS, the holdings. I am proposing interim con- S. 338 name of the Senator from Nevada (Mr. veyance of just these two tracts within At the request of Mr. BAUCUS, the HELLER) was added as a cosponsor of S. 60 days of the act’s passage, because to names of the Senator from Colorado Res. 30, a resolution establishing the my knowledge there are few if any en- (Mr. BENNET), the Senator from Con- Committee to Reduce Government vironmental concerns that have been necticut (Mr. BLUMENTHAL), the Sen- Waste. raised with resource development on ator from California (Mrs. BOXER), the S. RES. 37 either tract. I am proposing to limit Senator from Delaware (Mr. COONS), At the request of Mr. BROWN, the the conveyances to just these two to the Senator from North Carolina (Mrs. name of the Senator from Alaska (Ms. give Sealaska another year or two of HAGAN), the Senator from New Mexico MURKOWSKI) was added as a cosponsor existing operations to give time for the (Mr. HEINRICH), the Senator from South of S. Res. 37, a resolution expressing 113th Congress to hold new hearings on

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 26, 2013 CONGRESSIONAL RECORD — SENATE S873 the Sealaska lands issue and to finalize (2) not to exceed $30,000 may be expended Office of the Sergeant at Arms and Door- and pass legislation. But by limiting for the training of the professional staff of keeper, United States Senate, or (3) for the the selections to just two small tracts, such committee (under procedures specified payment of stationery supplies purchased I am not lessening the urgency of the by section 202(j) of the Legislative Reorga- through the Keeper of the Stationery, United nization Act of 1946). States Senate, or (4) for payments to the need for all parties to reach an agree- SEC. 3. Expenses of the committee under Postmaster, United States Senate, or (5) for ment on the terms of a broader bill this resolution shall be paid from the contin- the payment of metered charges on copying within the 113th Congress. If no agree- gent fund of the Senate upon vouchers ap- equipment provided by the Office of the Ser- ment is reached on a broader bill, proved by the chairman of the committee, geant at Arms and Doorkeeper, United Sealaska will again be forced to curtail except that vouchers shall not be required (1) States Senate, or (6) for the payment of Sen- its operations with likely tragic con- for the disbursement of salaries of employees ate Recording and Photographic Services, or sequences for Southeast’s regional paid at an annual rate, or (2) for the pay- (7) for payment of franked and mass mail ment of telecommunications provided by the economy long before this Administra- costs by the Sergeant at Arms and Door- Office of the Sergeant at Arms and Door- keeper, United States Senate. tion ends. keeper, United States Senate, or (3) for the SEC. 4. There are authorized such sums as The bill, in an effort not to limit ne- payment of stationery supplies purchased may be necessary for agency contributions gotiations on a broader land settle- through the Keeper of the Stationery, United related to the compensation of employees of ment, makes no other changes, except States Senate, or (4) for payments to the the committee from March 1, 2013, through to guarantee that all existing access Postmaster, United States Senate, or (5) for September 30, 2013, to be paid from the Ap- provisions to lands required by the the payment of metered charges on copying propriations account for ‘‘Expenses of In- Alaska Native Claims Settlement Act equipment provided by the Office of the Ser- quiries and Investigations’’. remain in force on the two parcels pro- geant at Arms and Doorkeeper, United f States Senate, or (6) for the payment of Sen- posed for conveyance. This bill is pure- ate Recording and Photographic Services, or SENATE RESOLUTION 44—AUTHOR- ly intended to give this Congress suffi- (7) for payment of franked and mass mail IZING EXPENDITURES BY THE cient time to consider this issue while costs by the Sergeant at Arms and Door- COMMITTEE ON BANKING, HOUS- maintaining the economic status quo keeper, United States Senate. ING, AND URBAN AFFAIRS in the Panhandle—a fact that is vital SEC. 4. There are authorized such sums as may be necessary for agency contributions Mr. JOHNSON of South Dakota sub- for a timber industry, but also in order mitted the following resolution; from for the U.S. Forest Service to have the related to the compensation of employees of the committee from March 1, 2013, through the Committee on Banking, Housing, time and related infrastructure needed September 30, 2013, to be paid from the Ap- and Urban Affairs; which was referred to implement its proposed young- propriations account for ‘‘Expenses of In- to the Committee on Rules and Admin- growth transition strategy in the quiries and Investigations.’’ istration: Tongass National Forest. f S. RES. 44 My hope is that this bill will prompt- Resolved, That, in carrying out its powers, ly be considered and passed by this SENATE RESOLUTION 43—AUTHOR- IZING EXPENDITURES BY THE duties, and functions under the Standing Congress, to give us all the time needed Rules of the Senate, in accordance with its to reach an equitable solution to land COMMITTEE ON RULES AND AD- jurisdiction under rule XXV of such rules, in- issues in America’s largest national MINISTRATION cluding holding hearings, reporting such forest. Mr. SCHUMER submitted the fol- hearings, and making investigations as au- f lowing resolution; from the Committee thorized by paragraphs 1 and 8 of rule XXVI on Rules and Administration; which of the Standing Rules of the Senate, the SUBMITTED RESOLUTIONS was placed on the calendar: Committee on Banking, Housing, and Urban Affairs is authorized from March 1, 2013, S. RES. 43 through September 30, 2013, in its discretion SENATE RESOLUTION 42—AUTHOR- Resolved, That, in carrying out its powers, (1) to make expenditures from the contin- IZING EXPENDITURES BY THE duties, and functions under the Standing gent fund of the Senate, (2) to employ per- COMMITTEE ON ARMED SERV- Rules of the Senate, in accordance with its sonnel, and (3) with the prior consent of the ICES jurisdiction under rule XXV of such rules, in- Government department or agency con- cluding holding hearings, reporting such cerned and the Committee on Rules and Ad- Mr. LEVIN submitted the following hearings, and making investigations as au- ministration, to use on a reimbursable or resolution; from the Committee on thorized by paragraphs 1 and 8 of rule XXVI non-reimbursable basis the services of per- Armed Services; which was referred to of the Standing Rules of the Senate, the sonnel of any such department or agency. the Committee on Rules and Adminis- Committee on Rules and Administration is SEC. 2. (a) The expenses of the committee tration. authorized from March 1, 2013, through Sep- for the period March 1, 2013, through Sep- tember 30, 2013, in its discretion (1) to make tember 30, 2013, under this resolution shall S. RES. 42 expenditures from the contingent fund of the not exceed $3,787,685 of which amount (1) not Resolved, That, in carrying out its powers, Senate, (2) to employ personnel, and (3) with to exceed $10,267 may be expended for the duties, and functions under the Standing the prior consent of the Government depart- procurement of the services of individual Rules of the Senate, in accordance with its ment or agency concerned and the Com- consultants, or organizations thereof (as au- jurisdiction under rule XXV of such rules, in- mittee on Rules and Administration, to use thorized by section 202(i) of the Legislative cluding holding hearings, reporting such on a reimbursable or non-reimbursable basis Reorganization Act of 1946, as amended), and hearings, and making investigations as au- the services of personnel of any such depart- (2) not to exceed $616 may be expended for thorized by paragraphs 1 and 8 of rule XXVI ment or agency. the training of the professional staff of such of the Standing Rules of the Senate, the SEC. 2. The expenses of the committee for committee (under procedures specified by Committee on Armed Services is authorized the period March 1, 2013, through September section 202(j) of the Legislative Reorganiza- from March 1, 2013, through September 30, 30, 2013, under this resolution shall not ex- tion Act of 1946). 2013, in its discretion (1) to make expendi- ceed $1,619,831, of which amount (1) not to ex- SEC. 3. Expenses of the committee under tures from the contingent fund of the Sen- ceed $43,750 may be expended for the procure- this resolution shall be paid from the contin- ate, (2) to employ personnel, and (3) with the ment of the services of individual consult- gent fund of the Senate upon vouchers ap- prior consent of the Government department ants, or organizations thereof (as authorized proved by the Chairman of the committee, or agency concerned and the Committee on by section 202(i) of the Legislative Reorga- except that vouchers shall not be required (1) Rules and Administration, to use on a reim- nization Act of 1946, as amended), and (2) not for the disbursement of salaries of employees bursable or non-reimbursable basis the serv- to exceed $7,000 may be expended for the paid at an annual rate, or (2) for the pay- ices of personnel of any such department or training of the professional staff of such ment of telecommunications provided by the agency. committee (under procedures specified by Office of the Sergeant at Arms and Door- SEC. 2. The expenses of the committee for section 202(j) of the Legislative Reorganiza- keeper, United States Senate, or (3) for the the period March 1, 2013, through September tion Act of 1946). payment of stationery supplies purchased 30, 2013 under this resolution shall not exceed SEC. 3. Expenses of the committee under through the Keeper of the Stationery, United $4,179,885, of which amount— this resolution shall be paid from the contin- States Senate, or (4) for payments to the (1) not to exceed $75,000 may be expended gent fund of the Senate upon vouchers ap- Postmaster, United States Senate, or (5) for for the procurement of the services of indi- proved by the chairman of the committee, the payment of metered charges on copying vidual consultants, or organizations thereof except that vouchers shall not be required (1) equipment provided by the Office of the Ser- (as authorized by section 202(i) of the Legis- for the disbursement of salaries of employees geant at Arms and Doorkeeper, United lative Reorganization Act of 1946, as amend- paid at an annual rate, or (2) for the pay- States Senate, or (6) for the payment of Sen- ed; and ment of telecommunications provided by the ate Recording and Photographic Services, or

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(7) for payment of franked and mass mail SEC. 4. There are authorized such sums as agency contributions related to the com- costs by the Sergeant at Arms and Door- may be necessary for agency contributions pensation of employees of the committee keeper, United States Senate. related to the compensation of employees of from March 1, 2013 through September 30, SEC. 4. There are authorized such sums as the committee from March 1, 2013, through 2013, to be paid from the appropriations ac- may be necessary for agency contributions September 30, 2013, to be paid from the ap- count for ‘‘Expenses of Inquiries and Inves- related to the compensation of employees of propriations account for ‘‘Expenses of In- tigations’’ of the Senate. the committee from March 1, 2013, through quiries and Investigations’’. September 30, 2013, to be paid from the Ap- f f propriations account for ‘‘Expenses of In- quiries and Investigations’’. SENATE RESOLUTION 46—AUTHOR- IZING EXPENDITURES BY THE SENATE RESOLUTION 47—AUTHOR- f COMMITTEE ON THE JUDICIARY IZING EXPENDITURES BY THE SENATE RESOLUTION 45—AUTHOR- Mr. LEAHY submitted the following COMMITTEE ON AGRICULTURE, IZING EXPENDITURES BY THE resolution; from the Committee on the NUTRITION, AND FORESTRY COMMITTEE ON ENVIRONMENT Judiciary; which was referred to the Ms. STABENOW submitted the fol- AND PUBLIC WORKS OF THE Committee on Rules and Administra- SENATE lowing resolution; from the Committee tion: on Agriculture, Nutrition, and For- Mrs. BOXER submitted the following S. RES. 46 estry; which was referred to the Com- resolution; from the Committee on En- Resolved, mittee on Rules and Administration: vironment and Public Works; which SECTION 1. GENERAL AUTHORITY. was referred to the Committee on In carrying out its powers, duties, and S. RES. 47 Rules and Administration: functions under the Standing Rules of the Resolved, That, in carrying out its powers, S. RES. 45 Senate, in accordance with its jurisdiction duties, and functions under the Standing Resolved, under rule XXV of the Standing Rules of the Rules of the Senate, in accordance with its Senate, including holding hearings, report- SECTION 1. In carrying out its powers, du- jurisdiction under rule XXV of such rules, in- ties, and functions under the Standing Rules ing such hearings, and making investiga- cluding holding hearings, reporting such of the Senate, in accordance with its juris- tions as authorized by paragraphs 1 and 8 of hearings, and making investigations as au- diction under rule XXV of the Standing rule XXVI of the Standing Rules of the Sen- thorized by paragraphs 1 and 8 of rule XXVI ate, the Committee on the Judiciary (in this Rules of the Senate, including holding hear- of the Standing Rules of the Senate, the resolution referred to as the ‘‘committee’’) is ings, reporting such hearings, and making Committee on Agriculture, Nutrition, and authorized from March 1, 2013 through Sep- investigations as authorized by paragraphs 1 Forestry is authorized from March 1, 2013, tember 30, 2013, in its discretion to— and 8 of rule XXVI of the Standing Rules of through September 30, 2013, in its discretion (1) make expenditures from the contingent the Senate, the Committee on Environment (1) to make expenditures from the contin- fund of the Senate; and Public Works (in this resolution referred gent fund of the Senate, (2) to employ per- to as the ‘‘committee’’) is authorized from (2) employ personnel; and (3) with the prior consent of the Govern- sonnel, and (3) with the prior consent of the March 1, 2013, through September 30, 2013, in Government department or agency con- its discretion— ment department or agency concerned and the Committee on Rules and Administration, cerned and the Committee on Rules and Ad- (1) to make expenditures from the contin- ministration, to use on a reimbursable or gent fund of the Senate; to use on a reimbursable or nonreimbursable basis the services of personnel of any such non-reimbursable basis the services of per- (2) to employ personnel; and sonnel of any such department or agency. (3) with the prior consent of the Govern- department or agency. ment department or agency concerned and SEC. 2. EXPENSES FOR PERIOD ENDING SEP- SEC. 2. The expenses of the committee for the Committee on Rules and Administration, TEMBER 30, 2013. the period March 1, 2013, through September to use on a reimbursable or nonreimbursable The expenses of the committee for the pe- 30, 2013, under this resolution shall not ex- basis the services of personnel of any such riod March 1, 2013 through September 30, 2013 ceed $2,464,069 of which amount (1) not to ex- department or agency. under this resolution shall not exceed ceed $200,000 may be expended for the pro- SEC. 2. The expenses of the committee for $5,882,131, of which amount— curement of the services of individual con- the period March 1, 2013, through September (1) not to exceed $200,000 may be expended sultants, or organizations thereof (as author- 30, 2013, under this resolution shall not ex- for the procurement of the services of indi- ized by section 202(i) of the Legislative Reor- ceed $3,178,904, of which amount— vidual consultants, or organizations thereof ganization Act of 1946, as amended), and (2) (1) not to exceed $4,666.67 may be expended (as authorized by section 202(i) of the Legis- not to exceed $40,000 may be expended for the for the procurement of the services of indi- lative Reorganization Act of 1946 (2 U.S.C. training of the professional staff of such vidual consultants, or organizations thereof 72a(i))); and committee (under procedures specified by (as authorized by section 202(i) of the Legis- (2) not to exceed $20,000 may be expended section 202(j) of the Legislative Reorganiza- lative Reorganization Act of 1946 (2 U.S.C. for the training of the professional staff of tion Act of 1946). the committee (under procedures specified 72a(i))); and SEC. 3. Expenses of the committee under by section 202(j) of that Act). (2) not to exceed $1,166.67 may be expended this resolution shall be paid from the contin- for the training of the professional staff of SEC. 3. EXPENSES AND AGENCY CONTRIBUTIONS. gent fund of the Senate upon vouchers ap- the committee (under procedures specified (a) EXPENSES OF THE COMMITTEE.— proved by the Chairman of the committee, by section 202(j) of the Legislative Reorga- (1) IN GENERAL.—Except as provided in except that vouchers shall not be required (1) nization Act of 1946). paragraph (2), expenses of the committee for the disbursement of salaries of employees SEC. 3. (a) Except as provided in subsection under this resolution shall be paid from the paid at an annual rate, or (2) for the pay- (b), expenses of the committee under this contingent fund of the Senate upon vouchers ment of telecommunications provided by the resolution shall be paid from the contingent approved by the chairman of the committee. Office of the Sergeant at Arms and Door- fund of the Senate upon vouchers approved (2) VOUCHERS NOT REQUIRED.—Vouchers keeper, United States Senate, or (3) for the by the chairman of the committee. shall not be required for— payment of stationery supplies purchased (b) Vouchers shall not be required— (A) the disbursement of salaries of employ- through the Keeper of the Stationery, United (1) for the disbursement of salaries of em- ees paid at an annual rate; States Senate, or (4) for payments to the ployees paid at an annual rate; (B) the payment of telecommunications Postmaster, United States Senate, or (5) for (2) for the payment of telecommunications provided by the Office of the Sergeant at the payment of metered charges on copying provided by the Office of the Sergeant at Arms and Doorkeeper; equipment provided by the Office of the Ser- Arms and Doorkeeper; (C) the payment of stationery supplies pur- geant at Arms and Doorkeeper, United (3) for the payment of stationery supplies chased through the Keeper of the Stationery; States Senate, or (6) for the payment of Sen- purchased through the Keeper of the Sta- (D) payments to the Postmaster of the ate Recording and Photographic Services, or tionery; Senate; (7) for payment of franked and mass mail (4) for payments to the Postmaster of the (E) the payment of metered charges on costs by the Sergeant at Arms and Door- Senate; copying equipment provided by the Office of keeper, United States Senate. (5) for the payment of metered charges on the Sergeant at Arms and Doorkeeper; copying equipment provided by the Office of (F) the payment of Senate Recording and SEC. 4. There are authorized such sums as the Sergeant at Arms and Doorkeeper; Photographic Services; or may be necessary for agency contributions (6) for the payment of Senate Recording (G) the payment of franked and mass mail related to the compensation of employees of and Photographic Services; or costs by the Sergeant at Arms and Door- the committee from March 1, 2013, through (7) for payment of franked and mass mail keeper, United States Senate. September 30, 2013, to be paid from the Ap- costs by the Sergeant at Arms and Door- (b) AGENCY CONTRIBUTIONS.—There are au- propriations account for ‘‘Expenses of In- keeper, United States Senate. thorized such sums as may be necessary for quiries and Investigations’’.

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 26, 2013 CONGRESSIONAL RECORD — SENATE S875 SENATE RESOLUTION 48—AUTHOR- SENATE RESOLUTION 49—AUTHOR- SENATE RESOLUTION 50—AUTHOR- IZING EXPENDITURES BY THE IZING EXPENDITURES BY THE IZING EXPENDITURES BY THE COMMITTEE ON VETERANS’ AF- SPECIAL COMMITTEE ON AGING SELECT COMMITTEE ON INTEL- FAIRS LIGENCE Mr. NELSON submitted the following Mr. SANDERS submitted the fol- resolution; from the Special Com- Mrs. FEINSTEIN submitted the fol- lowing resolution; from the Committee mittee on Aging; which was referred to lowing resolution; from the Select on Veterans’ Affairs; which was re- the Committee on Rules and Adminis- Committee on Intelligence; which was ferred to the Committee on Rules and tration: referred to the Committee on Rules Administration: S. RES. 49 and Administration: S. RES. 48 S. RES. 50 Resolved, Resolved, SECTION 1. GENERAL AUTHORITY. SECTION 1. GENERAL AUTHORITY. Resolved, In carrying out its powers, duties, and In carrying out its powers, duties, and SECTION 1. GENERAL AUTHORITY. functions under the Standing Rules of the functions imposed by section 104 of S. Res. 4, Senate, in accordance with its jurisdiction In carrying out its powers, duties, and agreed to February 4, 1977 (95th Congress), functions under the Standing Rules of the under rule XXV of the Standing Rules of the and in exercising the authority conferred on Senate, including holding hearings, report- Senate, in accordance with its jurisdiction it by such section, the Special Committee on under rule XXV of the Standing Rules of the ing such hearings, and making investiga- Aging (in this resolution referred to as the Senate, including holding hearings, report- tions as authorized by paragraphs 1 and 8 of ‘‘committee’’) is authorized from March 1, ing such hearings, and making investiga- rule XXVI of the Standing Rules of the Sen- 2013, through September 30, 2013, in its dis- tions as authorized by paragraphs 1 and 8 of ate, the Committee on Veterans’ Affairs (in cretion to— rule XXVI of the Standing Rules of the Sen- this resolution referred to as the ‘‘com- (1) make expenditures from the contingent ate, the Select Committee on Intelligence (in mittee’’) is authorized from March 1, 2013 fund of the Senate; through September 30, 2013, in its discretion (2) employ personnel; and this resolution referred to as the ‘‘com- to— (3) with the prior consent of the Govern- mittee’’) is authorized from March 1, 2013 (1) make expenditures from the contingent ment department or agency concerned and through September 30, 2013, in its discretion fund of the Senate; the Committee on Rules and Administration, to— (2) employ personnel; and use on a reimbursable or nonreimbursable (1) make expenditures from the contingent (3) with the prior consent of the Govern- basis the services of personnel of any such fund of the Senate; ment department or agency concerned and department or agency. (2) employ personnel; and the Committee on Rules and Administration, (3) with the prior consent of the Govern- use on a reimbursable or nonreimbursable SEC. 2. EXPENSES FOR PERIOD ENDING SEP- ment department or agency concerned and basis the services of personnel of any such TEMBER 30, 2013. the Committee on Rules and Administration, department or agency. The expenses of the committee for the pe- use on a reimbursable or nonreimbursable SEC. 2. EXPENSES FOR PERIOD ENDING SEP- riod March 1, 2013 through September 30, 2013 basis the services of personnel of any such TEMBER 30, 2013. under this resolution shall not exceed department or agency. The expenses of the committee for the pe- $1,704,661, of which amount, not to exceed SEC. 2. EXPENSES FOR PERIOD ENDING SEP- riod March 1, 2013 through September 30, 2013 $15,000 may be expended for the training of TEMBER 30, 2013. under this resolution shall not exceed the professional staff of the committee $1,409,970, of which amount— (under procedures specified by section 202(j) The expenses of the committee for the pe- (1) not to exceed $30,000 may be expended of the Legislative Reorganization Act of 1946 riod March 1, 2013 through September 30, 2013 for the procurement of the services of indi- (2 U.S.C. 72a(j))). under this resolution shall not exceed vidual consultants, or organizations thereof $3,739,220, of which amount— (as authorized by section 202(i) of the Legis- SEC. 3. REPORTING LEGISLATION. (1) not to exceed $10,000 may be expended lative Reorganization Act of 1946 (2 U.S.C. The committee shall report its findings, for the procurement of the services of indi- 72a(i))); and together with such recommendations for leg- vidual consultants, or organizations thereof (2) not to exceed $10,000 may be expended islation as it deems advisable, to the Senate (as authorized by section 202(i) of the Legis- for the training of the professional staff of at the earliest practicable date, but not later lative Reorganization Act of 1946 (2 U.S.C. the committee (under procedures specified than February 28, 2015. 72a(i))); and by section 202(j) of that Act). SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. SEC. 3. EXPENSES AND AGENCY CONTRIBUTIONS. SEC. 3. EXPENSES AND AGENCY CONTRIBUTIONS. (a) EXPENSES OF THE COMMITTEE.— (a) EXPENSES OF THE COMMITTEE.— (a) EXPENSES OF THE COMMITTEE.— (1) IN GENERAL.—Except as provided in (1) IN GENERAL.—Except as provided in (1) IN GENERAL.—Except as provided in paragraph (2), expenses of the committee paragraph (2), expenses of the committee paragraph (2), expenses of the committee under this resolution shall be paid from the under this resolution shall be paid from the under this resolution shall be paid from the contingent fund of the Senate upon vouchers contingent fund of the Senate upon vouchers contingent fund of the Senate upon vouchers approved by the chairman of the committee. approved by the chairman of the committee. approved by the chairman of the committee. (2) VOUCHERS NOT REQUIRED.—Vouchers (2) VOUCHERS NOT REQUIRED.—Vouchers (2) VOUCHERS NOT REQUIRED.—Vouchers shall not be required for— shall not be required for— shall not be required for— (A) the disbursement of salaries of employ- (A) the disbursement of salaries of employ- (A) the disbursement of salaries of employ- ees paid at an annual rate; ees paid at an annual rate; ees paid at an annual rate; (B) the payment of telecommunications (B) the payment of telecommunications (B) the payment of telecommunications provided by the Office of the Sergeant at provided by the Office of the Sergeant at provided by the Office of the Sergeant at Arms and Doorkeeper; Arms and Doorkeeper; Arms and Doorkeeper; (C) the payment of stationery supplies pur- (C) the payment of stationery supplies pur- (C) the payment of stationery supplies pur- chased through the Keeper of the Stationery; chased through the Keeper of the Stationery; chased through the Keeper of the Stationery; (D) payments to the Postmaster of the (D) payments to the Postmaster of the (D) payments to the Postmaster of the Senate; Senate; Senate; (E) the payment of metered charges on (E) the payment of metered charges on (E) the payment of metered charges on copying equipment provided by the Office of copying equipment provided by the Office of copying equipment provided by the Office of the Sergeant at Arms and Doorkeeper; the Sergeant at Arms and Doorkeeper; the Sergeant at Arms and Doorkeeper; (F) the payment of Senate Recording and (F) the payment of Senate Recording and (F) the payment of Senate Recording and Photographic Services; or Photographic Services; or Photographic Services; or (G) the payment of franked and mass mail (G) the payment of franked and mass mail (G) the payment of franked and mass mail costs by the Sergeant at Arms and Door- costs by the Sergeant at Arms and Door- costs by the Sergeant at Arms and Door- keeper, United States Senate. keeper, United States Senate. keeper, United States Senate. (b) AGENCY CONTRIBUTIONS.—There are au- (b) AGENCY CONTRIBUTIONS.—There are au- (b) AGENCY CONTRIBUTIONS.—There are au- thorized such sums as may be necessary for thorized such sums as may be necessary for thorized such sums as may be necessary for agency contributions related to the com- agency contributions related to the com- agency contributions related to the com- pensation of employees of the committee pensation of employees of the committee pensation of employees of the committee from March 1, 2013 through September 30, from March 1, 2013 through September 30, from March 1, 2013 through September 30, 2013, to be paid from the appropriations ac- 2013, to be paid from the appropriations ac- 2013, to be paid from the appropriations ac- count for ‘‘Expenses of Inquiries and Inves- count for ‘‘Expenses of Inquiries and Inves- count for ‘‘Expenses of Inquiries and Inves- tigations’’ of the Senate. tigations’’ of the Senate. tigations’’ of the Senate.

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S876 CONGRESSIONAL RECORD — SENATE February 26, 2013 SENATE RESOLUTION 51—AUTHOR- SENATE RESOLUTION 52—AUTHOR- S. RES. 53 IZING EXPENDITURES BY THE IZING EXPENDITURES BY THE Resolved, COMMITTEE ON COMMERCE, SENATE COMMITTEE ON INDIAN SECTION 1. GENERAL AUTHORITY. SCIENCE, AND TRANSPORTATION AFFAIRS In carrying out its powers, duties, and functions under the Standing Rules of the Mr. ROCKEFELLER submitted the Ms. CANTWELL submitted the fol- Senate, in accordance with its jurisdiction following resolution; from the Com- lowing resolution; from the Committee under rule XXV of the Standing Rules of the mittee on Commerce, Science, and on Indian Affairs; which was referred Senate, including holding hearings, report- Transportation; which was referred to to the Committee on Rules and Admin- ing such hearings, and making investiga- the Committee on Rules and Adminis- istration: tions as authorized by paragraphs 1 and 8 of tration: rule XXVI of the Standing Rules of the Sen- S. RES. 52 ate, the Committee on the Budget (in this S. RES. 51 Resolved, That, in carrying out its powers, resolution referred to as the ‘‘committee’’) is Resolved, duties and functions imposed by section 105 authorized from March 1, 2013 through Sep- SECTION 1. GENERAL AUTHORITY. of S. Res. 4, agreed to February 4, 1977 (95th tember 30, 2013, in its discretion to— In carrying out its powers, duties, and Congress), and in exercising the authority (1) make expenditures from the contingent functions under the Standing Rules of the conferred on it by that section, the Com- fund of the Senate; Senate, in accordance with its jurisdiction mittee on Indian Affairs is authorized from (2) employ personnel; and under rule XXV of the Standing Rules of the March 1, 2013, through September 30, 2013, in (3) with the prior consent of the Govern- Senate, including holding hearings, report- its discretion (1) to make expenditures from ment department or agency concerned and ing such hearings, and making investiga- the contingent fund of the Senate, (2) to em- the Committee on Rules and Administration, tions as authorized by paragraphs 1 and 8 of ploy personnel, and (3) with the prior con- use on a reimbursable or nonreimbursable rule XXVI of the Standing Rules of the Sen- sent of the Government department or agen- basis the services of personnel of any such ate, the Committee on Commerce, Science, cy concerned and the Committee on Rules department or agency. and Transportation (in this resolution re- and Administration, to use on a reimburs- SEC. 2. EXPENSES FOR PERIOD ENDING SEP- ferred to as the ‘‘committee’’) is authorized able, or non-reimbursable, basis the services TEMBER 30, 2013. from March 1, 2013 through September 30, of personnel of any such department or agen- The expenses of the committee for the pe- 2013, in its discretion to— cy. riod March 1, 2013 through September 30, 2013 (1) make expenditures from the contingent SEC. 2. (a) The expenses of the committee under this resolution shall not exceed fund of the Senate; for the period March 1, 2013, through Sep- $3,950,532, of which amount— (2) employ personnel; and tember 30, 2013, under this resolution shall (1) not to exceed $35,000 may be expended (3) with the prior consent of the Govern- not exceed $1,304,696.00, of which amount (1) for the procurement of the services of indi- ment department or agency concerned and not to exceed $20,000 may be expended for the vidual consultants, or organizations thereof the Committee on Rules and Administration, procurement of the services of individual (as authorized by section 202(i) of the Legis- use on a reimbursable or nonreimbursable consultants, or organizations thereof (as au- lative Reorganization Act of 1946 (2 U.S.C. basis the services of personnel of any such thorized by section 202(i) of the Legislative 72a(i))); and department or agency. Reorganization Act of 1946, as amended), and (2) not to exceed $21,000 may be expended SEC. 2. EXPENSES FOR PERIOD ENDING SEP- (2) not to exceed $20,000 may be expended for for the training of the professional staff of TEMBER 30, 2013. the training of professional staff of such the committee (under procedures specified The expenses of the committee for the pe- committee (under procedures specified by by section 202(j) of that Act). riod March 1, 2013 through September 30, 2013 section 202(j) of the Legislative Reorganiza- SEC. 3. EXPENSES AND AGENCY CONTRIBUTIONS. under this resolution shall not exceed tion Act of 1946). (a) EXPENSES OF THE COMMITTEE.— $4,080,061, of which amount— SEC. 3. The committee shall report its find- (1) IN GENERAL.—Except as provided in (1) not to exceed $50,000 may be expended ings, together with such recommendations paragraph (2), expenses of the committee for the procurement of the services of indi- for legislation as it deems advisable, to the under this resolution shall be paid from the vidual consultants, or organizations thereof Senate at the earliest practicable date, but contingent fund of the Senate upon vouchers (as authorized by section 202(i) of the Legis- not later than February 28, 2015. approved by the chairman of the committee. lative Reorganization Act of 1946 (2 U.S.C. SEC. 4. Expenses of the committee under (2) VOUCHERS NOT REQUIRED.—Vouchers 72a(i))); and this resolution shall be paid from the contin- shall not be required for— (2) not to exceed $50,000 may be expended gent fund of the Senate upon vouchers ap- (A) the disbursement of salaries of employ- for the training of the professional staff of proved by the Chairwoman of the committee, ees paid at an annual rate; the committee (under procedures specified except that vouchers shall not be required (1) (B) the payment of telecommunications by section 202(j) of that Act). for the disbursement of the salaries of em- provided by the Office of the Sergeant at SEC. 3. EXPENSES AND AGENCY CONTRIBUTIONS. ployees paid at an annual rate, or (2) for the Arms and Doorkeeper; (a) EXPENSES OF THE COMMITTEE.— payment of telecommunications provided by (C) the payment of stationery supplies pur- (1) IN GENERAL.—Except as provided in the Office of the Sergeant at Arms and Door- chased through the Keeper of the Stationery; paragraph (2), expenses of the committee keeper, United States Senate, (3) for the pay- (D) payments to the Postmaster of the under this resolution shall be paid from the ment of stationery supplies purchased Senate; contingent fund of the Senate upon vouchers through the Keeper of the Stationery, United (E) the payment of metered charges on approved by the chairman of the committee. States Senate, or (4) for payments to the copying equipment provided by the Office of (2) VOUCHERS NOT REQUIRED.—Vouchers Postmaster, United States Senate, or (5) for the Sergeant at Arms and Doorkeeper; shall not be required for— the payment of metered charges on copying (F) the payment of Senate Recording and (A) the disbursement of salaries of employ- equipment provided by the Office of the Ser- Photographic Services; or ees paid at an annual rate; geant at Arms and Doorkeeper, United (G) the payment of franked and mass mail (B) the payment of telecommunications States Senate, or (6) for the payment of Sen- costs by the Sergeant at Arms and Door- provided by the Office of the Sergeant at ate Recording and Photographic Services, or keeper, United States Senate. Arms and Doorkeeper; (7) for payment of franked and mass mail (b) AGENCY CONTRIBUTIONS.—There are au- (C) the payment of stationery supplies pur- costs by the Sergeant at Arms and Door- thorized such sums as may be necessary for chased through the Keeper of the Stationery; keeper, United States Senate. agency contributions related to the com- (D) payments to the Postmaster of the SEC. 5. There are authorized such sums as pensation of employees of the committee Senate; may be necessary for agency contributions from March 1, 2013 through September 30, (E) the payment of metered charges on related to the compensation of employees of 2013, to be paid from the appropriations ac- copying equipment provided by the Office of the committee from March 1, 2013, through count for ‘‘Expenses of Inquiries and Inves- the Sergeant at Arms and Doorkeeper; September 30, 2013, to be paid from the Ap- tigations’’ of the Senate. (F) the payment of Senate Recording and propriations account for Expenses of Inquir- f Photographic Services; or ies and Investigations. SENATE RESOLUTION 54—AUTHOR- (G) the payment of franked and mass mail f costs by the Sergeant at Arms and Door- IZING EXPENDITURES BY THE keeper, United States Senate. SENATE RESOLUTION 53—AUTHOR- COMMITTEE ON HOMELAND SE- (b) AGENCY CONTRIBUTIONS.—There are au- IZING EXPENDITURES BY THE CURITY AND GOVERNMENTAL thorized such sums as may be necessary for COMMITTEE ON THE BUDGET AFFAIRS agency contributions related to the com- Mrs. MURRAY submitted the fol- Mr. CARPER submitted the following pensation of employees of the committee from March 1, 2013 through September 30, lowing resolution; from the Committee resolution; from the Committee on 2013, to be paid from the appropriations ac- on the Budget; which was referred to Homeland Security and Governmental count for ‘‘Expenses of Inquiries and Inves- the Committee on Rules and Adminis- Affairs; which was referred to the Com- tigations’’ of the Senate. tration: mittee on Rules and Administration:

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S. RES. 54 unethical practices, waste, extravagance, (vi) the management of tax, import, pric- Resolved, conflicts of interest, and the improper ex- ing, and other policies affecting energy sup- SECTION 1. GENERAL AUTHORITY. penditure of Government funds in trans- plies; In carrying out its powers, duties, and actions, contracts, and activities of the Gov- (vii) maintenance of the independent sec- functions under the Standing Rules of the ernment or of Government officials and em- tor of the petroleum industry as a strong Senate, in accordance with its jurisdiction ployees and any and all such improper prac- competitive force; under rule XXV of the Standing Rules of the tices between Government personnel and (viii) the allocation of fuels in short supply Senate and S. Res. 445 (108th Congress), in- corporations, individuals, companies, or per- by public and private entities; cluding holding hearings, reporting such sons affiliated therewith, doing business (ix) the management of energy supplies hearings, and making investigations as au- with the Government; and the compliance or owned or controlled by the Government; thorized by paragraphs 1 and 8 of rule XXVI noncompliance of such corporations, compa- (x) relations with other oil producing and of the Standing Rules of the Senate, the nies, or individuals or other entities with the consuming countries; Committee on Homeland Security and Gov- rules, regulations, and laws governing the (xi) the monitoring of compliance by gov- ernmental Affairs (in this resolution referred various governmental agencies and its rela- ernments, corporations, or individuals with to as the ‘‘committee’’) is authorized from tionships with the public; the laws and regulations governing the allo- March 1, 2013 through September 30, 2013, in (B) the extent to which criminal or other cation, conservation, or pricing of energy its discretion to— improper practices or activities are, or have supplies; and (1) make expenditures from the contingent been, engaged in the field of labor-manage- (xii) research into the discovery and devel- fund of the Senate; ment relations or in groups or organizations opment of alternative energy supplies; and (2) employ personnel; and of employees or employers, to the detriment (G) the efficiency and economy of all (3) with the prior consent of the Govern- of interests of the public, employers, or em- branches and functions of Government with ment department or agency concerned and ployees, and to determine whether any particular references to the operations and the Committee on Rules and Administration, changes are required in the laws of the management of Federal regulatory policies use on a reimbursable or nonreimbursable United States in order to protect such inter- and programs. basis the services of personnel of any such ests against the occurrence of such practices (2) EXTENT OF INQUIRIES.—In carrying out department or agency. or activities; the duties provided in paragraph (1), the in- quiries of this committee or any sub- SEC. 2. EXPENSES FOR PERIOD ENDING SEP- (C) organized criminal activity which may TEMBER 30, 2013. operate in or otherwise utilize the facilities committee of the committee shall not be The expenses of the committee for the pe- of interstate or international commerce in construed to be limited to the records, func- riod March 1, 2013 through September 30, 2013 furtherance of any transactions and the tions, and operations of any particular under this resolution shall not exceed manner and extent to which, and the iden- branch of the Government and may extend $6,074,429, of which amount— tity of the persons, firms, or corporations, or to the records and activities of any persons, (1) not to exceed $75,000 may be expended other entities by whom such utilization is corporation, or other entity. for the procurement of the services of indi- being made, and further, to study and inves- (3) SPECIAL COMMITTEE AUTHORITY.—For vidual consultants, or organizations thereof tigate the manner in which and the extent to the purposes of this subsection, the com- (as authorized by section 202(i) of the Legis- which persons engaged in organized criminal mittee, or any duly authorized sub- lative Reorganization Act of 1946 (2 U.S.C. activity have infiltrated lawful business en- committee of the committee, or its chair- 72a(i))); and terprise, and to study the adequacy of Fed- man, or any other member of the committee (2) not to exceed $20,000 may be expended eral laws to prevent the operations of orga- or subcommittee designated by the chairman for the training of the professional staff of nized crime in interstate or international is authorized, in its, his, her, or their discre- the committee (under procedures specified commerce; and to determine whether any tion— by section 202(j) of that Act). changes are required in the laws of the (A) to require by subpoena or otherwise the attendance of witnesses and production of SEC. 3. EXPENSES; AGENCY CONTRIBUTIONS; United States in order to protect the public AND INVESTIGATIONS. against such practices or activities; correspondence, books, papers, and docu- (a) EXPENSES OF THE COMMITTEE.— (D) all other aspects of crime and lawless- ments; (1) IN GENERAL.—Except as provided in ness within the United States which have an (B) to hold hearings; paragraph (2), expenses of the committee impact upon or affect the national health, (C) to sit and act at any time or place dur- under this resolution shall be paid from the welfare, and safety; including but not lim- ing the sessions, recess, and adjournment pe- contingent fund of the Senate upon vouchers ited to investment fraud schemes, com- riods of the Senate; approved by the chairman of the committee. modity and security fraud, computer fraud, (D) to administer oaths; and (2) VOUCHERS NOT REQUIRED.—Vouchers and the use of offshore banking and cor- (E) to take testimony, either orally or by shall not be required for— porate facilities to carry out criminal objec- sworn statement, or, in the case of staff (A) the disbursement of salaries of employ- tives; members of the Committee and the Perma- ees paid at an annual rate; (E) the efficiency and economy of oper- nent Subcommittee on Investigations, by (B) the payment of telecommunications ations of all branches and functions of the deposition in accordance with the Com- provided by the Office of the Sergeant at Government with particular reference to— mittee Rules of Procedure. Arms and Doorkeeper; (i) the effectiveness of present national se- (4) AUTHORITY OF OTHER COMMITTEES.— (C) the payment of stationery supplies pur- curity methods, staffing, and processes as Nothing contained in this subsection shall chased through the Keeper of the Stationery; tested against the requirements imposed by affect or impair the exercise of any other (D) payments to the Postmaster of the the rapidly mounting complexity of national standing committee of the Senate of any Senate; security problems; power, or the discharge by such committee (E) the payment of metered charges on (ii) the capacity of present national secu- of any duty, conferred or imposed upon it by copying equipment provided by the Office of rity staffing, methods, and processes to the Standing Rules of the Senate or by the the Sergeant at Arms and Doorkeeper; make full use of the Nation’s resources of Legislative Reorganization Act of 1946. (F) the payment of Senate Recording and knowledge and talents; (5) SUBPOENA AUTHORITY.—All subpoenas Photographic Services; or (iii) the adequacy of present intergovern- and related legal processes of the committee (G) the payment of franked and mass mail mental relations between the United States and its subcommittee authorized under S. costs by the Sergeant at Arms and Door- and international organizations principally Res. 81, agreed to March 2, 2011 (112th Con- keeper, United States Senate. concerned with national security of which gress), are authorized to continue. (b) AGENCY CONTRIBUTIONS.—There are au- the United States is a member; and f thorized such sums as may be necessary for (iv) legislative and other proposals to im- agency contributions related to the com- prove these methods, processes, and relation- SENATE RESOLUTION 55—AUTHOR- pensation of employees of the committee ships; IZING EXPENDITURES BY THE from March 1, 2013 through September 30, (F) the efficiency, economy, and effective- COMMITTEE ON ENERGY AND 2013, to be paid from the appropriations ac- ness of all agencies and departments of the NATURAL RESOURCES count for ‘‘Expenses of Inquiries and Inves- Government involved in the control and tigations’’ of the Senate. management of energy shortages including, Mr. WYDEN submitted the following (c) INVESTIGATIONS.— but not limited to, their performance with resolution; from the Committee on En- (1) IN GENERAL.—The committee, or any respect to— ergy and Natural Resources; which was duly authorized subcommittee of the com- (i) the collection and dissemination of ac- referred to the Committee on Rules mittee, is authorized to study or inves- curate statistics on fuel demand and supply; and Administration: tigate— (ii) the implementation of effective energy S. RES. 55 (A) the efficiency and economy of oper- conservation measures; ations of all branches of the Government in- (iii) the pricing of energy in all forms; Resolved, cluding the possible existence of fraud, mis- (iv) coordination of energy programs with SECTION 1. GENERAL AUTHORITY. feasance, malfeasance, collusion, mis- State and local government; In carrying out its powers, duties, and management, incompetence, corruption, or (v) control of exports of scarce fuels; functions under the Standing Rules of the

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S878 CONGRESSIONAL RECORD — SENATE February 26, 2013 Senate, in accordance with its jurisdiction tion in Dorchester County, Maryland, and ment South Carolina Volunteer Infantry (Af- under rule XXV of the Standing Rules of the changed her name to Harriet; rican Descent) through the mine-laden Senate, including holding hearings, report- Whereas, at the age of 24, Tubman married waters of the Combahee River in Colleton ing such hearings, and making investiga- a free black man named John Tubman, County, South Carolina, where the Union tions as authorized by paragraphs 1 and 8 of though she remained a slave; forces liberated nearly 750 slaves; rule XXVI of the Standing Rules of the Sen- Whereas, in 1849, upon hearing news that Whereas Tubman assisted the newly liber- ate, the Committee on Energy and Natural she was to be sold to settle the debts of her ated slaves in the years following the raid Resources (in this resolution referred to as late master, Tubman escaped from slavery to and tended to wounded soldiers in the Com- the ‘‘committee’’) is authorized from March Philadelphia, Pennsylvania, marking the monwealth of Virginia before returning to 1, 2013 through September 30, 2013, in its dis- first of many expeditions to and from the Auburn, New York after the conclusion of cretion to— Eastern Shore of Maryland to lead nearly 70 the Civil War; (1) make expenditures from the contingent slaves out of slavery; Whereas Tubman dedicated the later years fund of the Senate; Whereas, over the course of the next 11 of her life to promoting the women’s suffrage (2) employ personnel; and years, from 1849 to 1860, Tubman became a movement, traveling to New York City, New (3) with the prior consent of the Govern- famous conductor of the Underground Rail- York, Boston, Massachusetts, and Wash- ment department or agency concerned and road, proclaiming in her later years, ‘‘I never ington, District of Columbia, to speak before the Committee on Rules and Administration, ran my train off the track and I never lost a countless women’s groups with fellow suf- use on a reimbursable or nonreimbursable passenger.’’; frage movement leaders Susan B. Anthony basis the services of personnel of any such Whereas, since the journeys to freedom by and Emily Howland; department or agency. Tubman took place over the winter months Whereas, when asked if she believed women when the nights were long and dark, her deserved the right to vote, Tubman replied, SEC. 2. EXPENSES FOR PERIOD ENDING SEP- TEMBER 30, 2013. groups made stops along the extensive Un- ‘‘I suffered enough to believe it.’’; The expenses of the committee for the pe- derground Railroad, first traveling to the Whereas, in 1903, Tubman deeded her prop- riod March 1, 2013 through September 30, 2013 Quaker community of Poplar Neck in Caro- erty to the African Methodist Episcopal Zion under this resolution shall not exceed line County, Maryland, eventually making Church of Auburn, New York, to serve as a $3,453,383. stops at the homes of Quaker abolitionist home for the ‘‘aged and indigent colored peo- Thomas Garrett in Wilmington, Delaware, ple’’, which opened on June 23, 1908, as the SEC. 3. EXPENSES AND AGENCY CONTRIBUTIONS. and African-American abolitionist and fu- Harriet Tubman Home for the Aged; and (a) EXPENSES OF THE COMMITTEE.— ture civil rights activist William Still in Whereas, having lived in the home named (1) IN GENERAL.—Except as provided in Philadelphia, Pennsylvania, before final re- after her, Tubman passed away on March 10, paragraph (2), expenses of the committee settlement in Canada; 1913, at the age of 93: Now, therefore, be it under this resolution shall be paid from the Whereas, in the late 1850s, Tubman began Resolved, That the Senate— contingent fund of the Senate upon vouchers to speak before abolitionist audiences to (1) recognizes the significance of the 100th approved by the chairman of the committee. share her dedication and unwavering com- anniversary of the death of Harriet Tubman, (2) VOUCHERS NOT REQUIRED.—Vouchers mitment to the abolitionist cause and the whose dedication and unwavering commit- shall not be required for— emancipation of slaves; ment to serving in any capacity necessary to (A) the disbursement of salaries of employ- Whereas Tubman drew admiration from Af- pursue the promise of American ideals and ees paid at an annual rate; rican-American abolitionist Frederick Doug- the principles of humanity continue to in- (B) the payment of telecommunications lass, a fellow Eastern Shore native of Talbot spire all individuals who cherish freedom; provided by the Office of the Sergeant at County, Maryland, who stated, ‘‘I know of no (2) encourages the people of the United Arms and Doorkeeper; one who has willingly encountered more per- States to honor and preserve the legacy of (C) the payment of stationery supplies pur- ils and hardships to serve our enslaved peo- Tubman; chased through the Keeper of the Stationery; ple than you have.’’; (3) recognizes the significance of the tire- (D) payments to the Postmaster of the Whereas the National Underground Rail- less work of Tubman and the other individ- Senate; road Freedom Center, located in Cincinnati, uals who bravely served to create the Under- (E) the payment of metered charges on Ohio, recognizes Tubman as one the most fa- ground Railroad network to achieve freedom copying equipment provided by the Office of mous conductors along the Underground for those individuals enslaved during the the Sergeant at Arms and Doorkeeper; Railroad and has dedicated a theater in Antebellum Era of the United States; and (F) the payment of Senate Recording and honor of Tubman; (4) recognizes the dedication and commit- Photographic Services; or Whereas, in 1859, Tubman purchased a ment of the Harriet Tubman Organization of (G) the payment of franked and mass mail home and several acres of land in Auburn, Cambridge, Maryland, and the Harriet Tub- costs by the Sergeant at Arms and Door- New York, from William Henry Seward, then man Home, Inc. and the Harriet Tubman keeper, United States Senate. United States Senator from New York and Boosters Club, both of Auburn, New York, (b) AGENCY CONTRIBUTIONS.—There are au- future Secretary of State for President Abra- for preserving the heritage of the United thorized such sums as may be necessary for ham Lincoln; States and promoting the rich history of the agency contributions related to the com- Whereas Tubman attended her first Wom- United States. pensation of employees of the committee en’s Rights Convention in Boston, Massachu- f from March 1, 2013 through September 30, setts in 1860, beginning a lifelong commit- 2013, to be paid from the appropriations ac- ment to the suffrage movement; SENATE RESOLUTION 57—DESIG- count for ‘‘Expenses of Inquiries and Inves- Whereas, at the start of the Civil War in NATING FEBRUARY 28, 2013, AS tigations’’ of the Senate. 1861, Tubman believed that a Union victory ‘‘RARE DISEASE DAY’’ would be a key stepping stone to the aboli- f Mr. BROWN (for himself, Mr. BAR- tion of slavery and vowed to assist the cause, RASSO, Mr. WHITEHOUSE, Mr. PRYOR, SENATE RESOLUTION 56 RECOG- joining abolitionist Bostonians and Philadel- NIZING THE SIGNIFICANCE OF phians who traveled to Hilton Head Island, and Mrs. HAGAN) submitted the fol- lowing resolution; which was consid- THE 100TH ANNIVERSARY OF South Carolina to provide aid to the Union ered and agreed to: THE DEATH OF HARRIET ROSS war effort; TUBMAN Whereas Tubman used the skills that she S. RES. 57 learned evading detection and capture on the Whereas rare diseases and disorders are Mr. CARDIN (for himself, Mr. Underground Railroad to serve as a spy and those that affect a small number of patients, PORTMAN, Ms. MIKULSKI, Mr. SCHUMER, scout for the Union camp at Port Royal, typically less than 200,000 people in the Mrs. GILLIBRAND, and Mr. BROWN) sub- South Carolina in addition to providing care United States; mitted the following resolution; which to Union forces as a nurse and cook; Whereas, as of the date of approval of this was considered and agreed to: Whereas, in 1863, the same year that the resolution, nearly 7,000 rare diseases affect Emancipation Proclamation was issued, Tub- approximately 30,000,000 people in the United S. RES. 56 man became the first woman to lead an States and their families; Whereas Harriet Ross Tubman was born armed assault during the Civil War on the Whereas children with rare genetic dis- into slavery near Buckstown, Maryland, in Raid on Combahee Ferry; eases account for more than half of the popu- or around the year 1820, to her parents Ben- Whereas Tubman led bands of scouts along lation affected by rare diseases in the United jamin Ross and Harriet Green, and was the marshes and rivers of Port Royal, simi- States; named Araminta Ross; lar to those of her native Dorchester County, Whereas many rare diseases are serious, Whereas, as a child slave, Tubman checked to map the unfamiliar territory for Colonel life-threatening, and lack an effective treat- muskrat traps along the marshes of the James Montgomery, commander of the 2nd ment; Blackwater River in Dorchester County, Regiment South Carolina Volunteer Infantry Whereas rare diseases and conditions in- Maryland, and later worked in the fields and (African Descent); clude epidermolysis bullosa, progeria, sickle forests surrounding the Brodess Plantation; Whereas, between June 1 and June 2, 1863, cell anemia, Tay-Sachs, cystic fibrosis, Whereas, as a teenage slave, Tubman Tubman guided Colonel Montgomery and a many childhood cancers, and fibrodysplasia worked as a seamstress on the Cook Planta- detachment of 300 men from the 2nd Regi- ossificans progressiva;

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 26, 2013 CONGRESSIONAL RECORD — SENATE S879 Whereas people with rare diseases experi- Works be authorized to meet during SELECT COMMITTEE ON INTELLIGENCE ence challenges that include difficulty in ob- the session of the Senate on February Mr. LEVIN. Mr. President, I ask taining an accurate diagnosis, limited treat- 26, 2013. unanimous consent that the Select ment options, and difficulty finding physi- The PRESIDING OFFICER. Without Committee on Intelligence be author- cians or treatment centers with expertise in ized to meet during the session of the their diseases; objection, it is so ordered. Whereas great strides have been made in COMMITTEE ON FINANCE Senate on February 26, 2013, at 2:30 research and treatment for rare diseases as a Mr. LEVIN. Mr. President, I ask p.m. result of the Orphan Drug Act (Public Law unanimous consent that the Com- The PRESIDING OFFICER. Without 97–414; 96 Stat. 2049) and amendments made mittee on Finance be authorized to objection, it is so ordered. by that Act; meet during the session of the Senate f Whereas 2013 marks the 30th anniversary of on February 26, 2013. the Orphan Drug Act and therefore a time to NOTICE OF HEARING The PRESIDING OFFICER. Without reflect upon the successes of that Act and COMMITTEE ON RULES AND ADMINISTRATION objection, it is so ordered. the challenges to be addressed in the future; Mr. SCHUMER. Mr. President, I wish Whereas both the Food and Drug Adminis- COMMITTEE ON FINANCE to announce that the Committee on tration and the National Institutes of Health Mr. LEVIN. Mr. President, I ask Rules and Administration will meet on have established special offices to advocate unanimous consent that the Com- for rare disease research and treatments; Wednesday, February 27, 2013, at 10:00 mittee on Finance be authorized to a.m., to conduct a markup of the Omni- Whereas the National Organization for meet during the session of the Senate Rare Disorders, an organization established bus Budget for Senate Committees. in 1983 to provide services to, and advocate on February 26, 2013, at 10 a.m., in For further information regarding on behalf of, patients with rare diseases, was room 215 of the Dirksen Senate Office this meeting, please contact Lynden a primary force behind the enactment of the Building, to conduct a hearing entitled Armstrong at the Rules and Adminis- Orphan Drug Act and remains a critical pub- ‘‘The Budget and Economic Outlook: tration Committee at 202–224–6352. lic voice for people with rare diseases; Fiscal Years 2013 to 2023.’’ f Whereas the National Organization for The PRESIDING OFFICER. Without Rare Disorders sponsors Rare Disease Day in objection, it is so ordered. 100TH ANNIVERSARY OF THE the United States to increase public aware- DEATH OF HARRIET ROSS TUB- COMMITTEE ON HEALTH, EDUCATION, LABOR, ness of rare diseases; AND PENSIONS MAN Whereas Rare Disease Day has become a global event occurring annually on the last Mr. LEVIN. Mr. President, I ask Mr. REID. I ask unanimous consent day of February and was observed in more unanimous consent that the Com- the Senate proceed to S. Res. 56. than 60 countries in 2012; mittee on Health, Education, Labor, The PRESIDING OFFICER. The Whereas Rare Disease Day was observed in and Pensions be authorized to meet, clerk will report the resolution by the United States for the first time on Feb- during the session of the Senate, to title. ruary 28, 2009; and conduct a hearing entitled ‘‘State The legislative clerk read as follows: Whereas Rare Disease Day is anticipated Leadership and Innovation in Dis- A resolution (S. Res. 56) recognizing the to be observed globally for years to come, ability Employment’’ on February 26, significance of the 100th anniversary of the providing hope and information for rare dis- death of Harriet Ross Tubman. 2013, at 2:30 p.m., in room G50 of the ease patients around the world; Now, there- There being no objection, the Senate fore, be it Dirksen Senate Office Building. Resolved, That the Senate— The PRESIDING OFFICER. Without proceeded to consider the resolution. Mr. REID. I am going to ask unani- (1) designates February 28, 2013, as ‘‘Rare objection, it is so ordered. Disease Day’’; mous consent that we pass this. First, COMMITTEE ON HOMELAND SECURITY AND I read a year and a half or 2 years ago (2) recognizes the importance of improving GOVERNMENTAL AFFAIRS two books about this woman, Harriet awareness and encouraging accurate and Mr. LEVIN. Mr. President, I ask early diagnosis of rare diseases and dis- Tubman. Stunning. With all the movies unanimous consent that the Com- orders; and being made about courageous, strong (3) supports a national and global commit- mittee on Homeland Security and Gov- Americans, someone should make a ment to improving access to, and developing ernmental Affairs be authorized to movie about this woman. I mean it is new treatments, diagnostics, and cures for, meet during the session of the Senate just amazing what she was able to do. rare diseases and disorders. on February 26, 2013, at 3:45 p.m. One little woman did so much to f The PRESIDING OFFICER. Without change what went on in America back objection, it is so ordered. AUTHORITY FOR COMMITTEES TO at that time. COMMITTEE ON INDIAN AFFAIRS I ask unanimous consent the resolu- MEET Mr. LEVIN. Mr. President, I ask tion be agreed to, the preamble be COMMITTEE ON AGRICULTURE, NUTRITION, AND unanimous consent that the Com- agreed to, and the motions to recon- FORESTRY mittee on Indian Affairs be authorized sider be laid upon the table, with no in- Mr. LEVIN. Mr. President, I ask to meet during the session of the Sen- tervening action or debate. unanimous consent that the Com- ate on February 26, 2013, in room SD– The PRESIDING OFFICER. Without mittee on Agriculture, Nutrition, and 628 of the Dirksen Senate Office Build- objection, it is so ordered. Forestry be authorized to meet during ing, at 3 p.m. The resolution (S. Res. 56) was agreed the session of the Senate on February The PRESIDING OFFICER. Without to. 26, 2013, at 11:50 a.m. in room S–219 of objection, it is so ordered. The preamble was agreed to. the Capitol. COMMITTEE ON THE JUDICIARY (The resolution, with its preamble, is The PRESIDING OFFICER. Without Mr. LEVIN. Mr. President, I ask printed in today’s RECORD under ‘‘Sub- objection, it is so ordered. unanimous consent that the Com- mitted Resolutions.’’) COMMITTEE ON BANKING, HOUSING, AND URBAN mittee on the Judiciary be authorized f AFFAIRS to meet during the session of the Sen- RARE DISEASE DAY Mr. LEVIN. Mr. President, I ask ate, on February 26, 2013. Mr. REID. I ask unanimous consent unanimous consent that the Com- The PRESIDING OFFICER. Without the Senate proceed to S. Res. 57. mittee on Banking, Housing, and objection, it is so ordered. The PRESIDING OFFICER. The Urban Affairs be authorized to meet COMMITTEE ON VETERANS’ AFFAIRS clerk will report the resolution by during the session of the Senate on Mr. LEVIN. Mr. President, I ask title. February 26, 2013, at 10 a.m. unanimous consent that the Com- The legislative clerk read as follows: The PRESIDING OFFICER. Without mittee on Veterans’ Affairs be author- A resolution (S. Res. 57) designating Feb- objection, it is so ordered. ized to meet during the session of the ruary 28, 2013, as ‘‘Rare Disease Day.’’ COMMITTEE ON ENVIRONMENT AND PUBLIC Senate on February 26, 2013. The Com- There being no objection, the Senate WORKS mittee will meet in room 345 of the proceeded to consider the resolution. Mr. LEVIN. Mr. President, I ask Cannon House Office Building at 2 p.m. Mr. REID. Madam President, I ask unanimous consent that the Com- The PRESIDING OFFICER. Without unanimous consent that the resolution mittee on Environment and Public objection, it is so ordered. be agreed to, the preamble be agreed

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S880 CONGRESSIONAL RECORD — SENATE February 26, 2013 to, the motions to reconsider be consid- 8002 of title 26, U.S. Code, the designa- The PRESIDING OFFICER. Without ered made and laid upon the table, and tion of the following Senators as mem- objection, it is so ordered. there be no intervening action or de- bers of the Joint Committee on Tax- bate. ation: the Senator from Montana, Mr. f The PRESIDING OFFICER. Without BAUCUS, the Senator from West Vir- PROGRAM objection, it is so ordered. ginia, Mr. ROCKEFELLER, the Senator The resolution (S. Res. 57) was agreed from Oregon, Mr. WYDEN, the Senator Mr. REID. Madam President, the Fi- to. from Utah, Mr. HATCH, the Senator nance Committee reported the nomina- The preamble was agreed to. from Iowa, Mr. GRASSLEY. tion of Jack Lew to be Treasury Sec- (The resolution, with its preamble, is f retary. We hope to reach an agreement to consider his nomination tomorrow. printed in today’s RECORD under ‘‘Sub- ORDERS FOR WEDNESDAY, mitted Resolutions.’’) FEBRUARY 27, 2013 f f Mr. REID. Madam President, I ask ADJOURNMENT UNTIL 10 A.M. MODIFICATION TO SEQUESTER unanimous consent that when the Sen- TOMORROW ORDER ate completes its business today, it ad- journ until 10 a.m. tomorrow morning, Mr. REID. Madam President, if there Mr. REID. I ask unanimous consent Wednesday, February 27, 2013; that fol- is no further business to come before that the order with respect to seques- lowing the prayer and pledge, the this body, I ask unanimous consent ter legislation be modified to permit morning hour be deemed expired, the that it adjourn under the previous the Republican leader to introduce a Journal of proceedings be approved to order. bill on Wednesday, February 27, which date, and the time for the two leaders There being no objection, the Senate, consists of the language which is at the be reserved for their use later in the at 6:43 p.m., adjourned until Wednes- desk and that all the provisions under day; and that following any leader re- day, February 27, 2013, at 10 a.m. the previous order remain in effect. marks, the Senate proceed to a period The PRESIDING OFFICER. Without of morning business for 1 hour, with f objection, it is so ordered. Senators permitted to speak therein f for up to 10 minutes each, with the CONFIRMATION time equally divided and controlled be- Executive nomination confirmed by APPOINTMENTS tween the two leaders or their des- the Senate February 26, 2013: The PRESIDING OFFICER. The ignees, with the majority controlling DEPARTMENT OF DEFENSE Chair announces on behalf of the Com- the first half and the Republicans con- CHARLES TIMOTHY HAGEL, OF NEBRASKA, TO BE SEC- mittee on Finance, pursuant to section trolling the final half. RETARY OF DEFENSE.

VerDate Mar 15 2010 03:07 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 9801 E:\RECORD13\RECFILES\FEB2013\S26FE3.REC S26FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE