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

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

Vol. 159 WASHINGTON, THURSDAY, MAY 16, 2013 No. 69 Senate The Senate met at 11 a.m. and was ator from the State of Hawaii, to perform exist. It was fabricated by a Republican called to order by the Honorable BRIAN the duties of the Chair. aide and then reported as fact. It is a SCHATZ, a Senator from the State of PATRICK J. LEAHY, sad commentary that Republicans are Hawaii. President pro tempore. so dead set on embarrassing the Presi- Mr. SCHATZ thereupon assumed the dent, the Foreign Service, the CIA, and PRAYER chair as Acting President pro tempore. our military they would actually lie to The Chaplain, Dr. Barry C. Black, of- f a news organization about the contents of an e-mail and let that news organi- fered the following prayer: RECOGNITION OF THE MAJORITY zation report their lies as facts. Let us pray. LEADER Eternal God, You don’t disappoint The attack on Benghazi is an issue of those who look to You in faith. Guide The ACTING PRESIDENT pro tem- life and death. We should be focused on our lawmakers by Your truth and in- pore. The majority leader is recog- tracking down the terrorists who com- struct them with Your wisdom. Lord, nized. mitted this act and bringing them to lead them to do what is right and to f justice, not on smear politics and false scandals. I hope the media will realize stay on Your path. Keep them from SCHEDULE being intimidated by the many chal- they were fed a false bill of goods and lenges they face, knowing that Your Mr. REID. Mr. President, following be more skeptical next time. grace is sufficient for every need. May leader remarks the Senate will be in f executive session to consider the nomi- they be true to You, living so that IMMIGRATION REFORM their words and actions will receive nation of Ernest Moniz to be Energy Your approval. Help them to live this Secretary. There will be up to 3 hours Mr. REID. Mr. President, 6 short day with a sense of accountability to of debate on the nomination. At about years ago the prospects for a bipartisan You. 2 p.m. there will be a rollcall vote on solution to America’s broken immigra- We pray in Your merciful Name. confirmation of that nomination. tion system seemed bleak. Despite support from congressional Democrats and Amen. f a Republican President, an immigra- f BENGHAZI ATTACK tion reform proposal had been defeated Mr. REID. Mr. President, for months on a procedural vote. Let’s say that PLEDGE OF ALLEGIANCE my Republican colleagues have argued again. Despite support from congres- The Honorable BRIAN SCHATZ led the the Obama administration has engaged sional Democrats and a Republican Pledge of Allegiance, as follows: in a coverup regarding the tragic President, we couldn’t get enough Re- I pledge allegiance to the Flag of the events surrounding an attack on the publicans in the Senate to move for- United States of America, and to the Repub- U.S. consulate in Benghazi. The admin- ward on a reform proposal. It was de- lic for which it stands, one nation under God, istration provided Members of Congress feated, I repeat, on a procedural vote in indivisible, with liberty and justice for all. with over 100 pages of e-mails—sent fol- the Senate. lowing that attack—during closed-door But one man, who was a long-time f sessions. The e-mails proved there was member of the Judiciary Committee and who had been chairman of the Sub- APPOINTMENT OF ACTING simply no coverup. committee on Immigration, Refugees PRESIDENT PRO TEMPORE Yet Republicans, with full knowledge of these e-mails, claimed the White and Border Security for decades—Sen- The PRESIDING OFFICER. The House was hiding the truth. Yesterday, ator Ted Kennedy—reminded us all the clerk will please read a communication the administration released even more reform for which he had fought so hard to the Senate from the President pro e-mails to the public. This is only the would pass one day and that day could tempore (Mr. LEAHY). latest effort by the administration to not be far off. This is what he said The bill clerk read the following let- ensure transparency for the media and when that bill was defeated: ter: the public regarding this awful attack America always finds a way to solve its U.S. SENATE, on Americans. problems, expand its frontiers, and move PRESIDENT PRO TEMPORE, This new information came out for a closer to its ideals. It is not always easy, but Washington, DC, May 16, 2013. it is the American way. . . . I believe we will To the Senate: number of reasons, not the least of soon succeed where we failed today, and that Under the provisions of rule I, paragraph 3, which is that we know the press corps we will enact the kind of comprehensive re- of the Standing Rules of the Senate, I hereby spent most of the past week chasing a form that our ideals and our national secu- appoint the Honorable BRIAN SCHATZ, a Sen- story based on an e-mail that didn’t rity demand.

∑ 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 00:10 May 17, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.000 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3538 CONGRESSIONAL RECORD — SENATE May 16, 2013 Ted Kennedy said that in 2007. He al- is a very good legislator. They got the Mr. REID. Mr. President, I ask unan- ways spoke from back here, and I can bill out of that committee in a very imous consent that when the Repub- still hear his booming voice, and I can quick fashion. So I repeat, I admire lican leader finishes his time and a hear him saying this. Our friend Ted what she has done. She also has a new quorum call is made, that the time Kennedy was right, and I believe the ranking member there, THAD COCHRAN during the quorum be equally divided time for commonsense immigration re- from Mississippi, who is a fine man and between the two sides. form has come. I am sorry Senator a good legislator. The ACTING PRESIDENT pro tem- Kennedy is not alive to see the wide- As I have said, as soon as it is ready, pore. Without objection, it is so or- spread bipartisan support for the legis- I am going to bring that immigration dered. lation being considered today in the legislation to the floor. We are going to RECOGNITION OF THE MINORITY LEADER Judiciary Committee, legislation that start on the farm bill Monday, and I The ACTING PRESIDENT pro tem- I will shortly bring before the full Sen- am going to bring the immigration bill pore. The Republican leader is recog- ate. Senator Kennedy would be very to the floor regardless of whether we nized. satisfied with the efforts of the Gang of have completed action on the farm bill. IRS INVESTIGATION 8—four Democrats and four Repub- Although immigration is a complex Mr. MCCONNELL. Mr. President, last licans. and controversial issue that deserves night the President took an important Even though Ted Kennedy was known ample time for thoughtful debate and symbolic step in accepting the resigna- as one of America’s great progressives, consideration, it is also too important tion of acting IRS Commissioner Mil- his legacy is that he worked with lib- to delay action any longer. ler. I had called for this resignation on erals, conservatives, Independents—he As a Senator from Nevada and whose Monday, when we learned Mr. Miller worked with everyone—to get work father-in-law was born in Russia and signed his name to one, if not more, done. He always was willing to set immigrated to the United States, I letters that we now know couldn’t pos- aside partisanship, and that is what the have witnessed firsthand the heart- sibly have been truthful—couldn’t pos- Gang of 8 has done and that is why he break of our broken immigration sys- sibly have been truthful. But let us be would like this so much. tem. I see the heartbreak it has caused clear: This symbolic step was just that, This Gang of 8 has addressed a crit- for immigrants and their families. So symbolic. ical issue facing our Nation, and he this issue is very personal to me, as I What Americans want right now is would applaud the work of the Senate have just indicated, and it is very per- answers about what happened at the Judiciary Committee and the leader- sonal to every immigrant family striv- IRS, why it wasn’t disclosed earlier, ship of his long-time friend he served ing to build a better life in America. who is ultimately accountable for this with on that committee for, oh, it That is why they came here. behavior, and assurances this kind of must be four decades. Kennedy and The time has come for permanent so- thing isn’t going to go on at the IRS or LEAHY, they did a lot of work together, lutions—solutions that are tough but anywhere else in the Federal Govern- and Senator LEAHY has done so much fair, solutions that fix our broken legal ment because the allegations of ideo- in this committee—work that he has immigration system, solutions that logical targeting only continue to mul- done in the last several weeks to refine punish unscrupulous employers that tiply. This is continuing to multiply. This morning I would like to focus on and perfect the reasonable proposal of exploit immigrants and drag down just one of those incidents. It is the the Gang of 8. wages for every worker in America, so- case of a group called the National Or- So it is gratifying to see the momen- lutions that pull 11 million people out ganization for Marriage. Last May Sen- tum behind commonsense reforms that of the shadows so they can pay taxes, will make our country safer and help 11 ator HATCH, the top Republican on the learn English, and get right with the Finance Committee, sent a letter to million undocumented immigrants get law, solutions that put them on the right with the law. Although neither the IRS inquiring about reports that path to citizenship so they can con- someone—someone—at the IRS had Republicans nor Democrats will sup- tribute fully to their communities and port each and every proposal or aspect leaked confidential donor information to this country. from NOM—the National Organization of this legislation, it is reassuring to I will do everything in my power to see the diverse coalition that has for Marriage—to an advocacy group have this bill become law. I am con- whose political goals were in direct formed in support of real reform, com- fident the time is right. As Senator monsense reform—reform that im- conflict with its own. Kennedy put it, the kind of comprehen- NOM has since released documents proves our dysfunctional legal immi- sive reform that our ideals and our na- suggesting that this information came gration system, reform that continues tional security demand. from one source—from within the IRS to secure our borders, reform that re- f itself. quires 11 million undocumented people All this took place, by the way, in to pass a criminal background check, RESERVATION OF LEADER TIME the middle of a national political cam- and pay fines and taxes to start on the Mr. REID. Mr. President, would you paign. Significantly, one of the NOM path to earn their citizenship. We can’t announce the work in the Senate donors whose name was leaked was do this piecemeal, and we can’t do it today. none other than Mitt Romney. without a pathway to earning citizen- The ACTING PRESIDENT pro tem- And what about the group it was ship. pore. Under the previous order, the leaked to? The thorough and open process un- leadership time is reserved. It was headed by a guy who was derway in the Judiciary Committee is f named a national co-chair of the exemplary of how the Senate should Obama campaign, and who published work. So far the committee has consid- EXECUTIVE SESSION the confidential donor information on ered 62 amendments to the original the website of the organization he ran, proposal, some from Democrats and NOMINATION OF ERNEST J. MONIZ TO BE SECRETARY OF ENERGY an organization opposed to the goals of some from Republicans. In fact, the NOM. committee has adopted 12 Republican The ACTING PRESIDENT pro tem- So here is another situation that, at amendments, including measures to pore. Under the previous order, the the very least, clearly merits inves- strengthen the border and improve our Senate will proceed to executive ses- tigation. legal immigration system. sion to consider the following nomina- There are allegations here that some- The Senate completed work on im- tion, which the clerk will report. one at the IRS committed a very seri- portant water resource legislation yes- The bill clerk read the nomination of ous crime that had the effect of terday—a lot is going on in the Sen- Ernest J. Moniz, of Massachusetts, to chilling the speech of a political orga- ate—and we are now going to begin be Secretary of Energy. nization that happened to be on the consideration of a crucial piece of leg- The ACTING PRESIDENT pro tem- wrong side of the current administra- islation dealing with agriculture. I pore. Under the previous order, there tion. commend and applaud the chairman of will be 3 hours for debate equally di- Yet, a year later, Senator HATCH has that committee DEBBIE STABENOW. She vided in the usual form. yet to hear anything back from the

VerDate Mar 15 2010 00:10 May 17, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.002 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 16, 2013 CONGRESSIONAL RECORD — SENATE S3539 IRS. And, according to the folks at propriate harassment of conservative What is unique about this moment is NOM, neither have they. groups that was going on at the IRS for that now, on the issue of energy, our Last year the people at NOM said two years. country is truly in a position of they brought their concerns about this Apparently, this is the only way to strength. Historically, lawmakers have potentially illegal activity to the IRS get this administration to take respon- avoided energy issues until there was a and the Justice Department. They say sibility for its actions. short-term crisis. Usually that crisis is they even hired a forensic specialist to We are determined to do that, be- a spike in the price of gasoline. Then, prove that the document that was cause there is a very dangerous prece- as we know, there is a big hue and cry leaked had originated at the IRS. dent being set here. I will say it again: to pass a ‘‘comprehensive energy bill,’’ According to NOM, the forensics guy Americans, be they conservative or lib- and it ends up being ‘‘comprehensive’’ knew the document came from the IRS eral, should be free to participate in and still lasts a relatively short period because it bore a watermark distinc- the political process without fear of of time, maybe a year and a half or 2 tive to the agency. And they say they harassment or intimidation from their years, until there is another hue and had to hire him—get this—because the own government. cry to pass yet one more comprehen- IRS asked NOM if they had leaked the I would also like to note that, last sive bill. confidential information themselves. month, the Secretary of Energy nomi- Right now, the Congress and the ex- So they say they provided evidence to nee, Dr. Ernest Moniz, was cleared by ecutive branch—the Energy Depart- show they had not leaked it them- the Senate Energy and Natural Re- ment—are in a rare position, a position selves, and then earlier this year they sources Committee with robust bipar- where we can make policy at a time asked the IRS to release all the infor- tisan support. The full Senate will like- when our country does not face those mation about their complaint, which ly vote on his nomination today. kinds of short-term calamities. I say had apparently reached a dead end at A number of my colleagues and I are that in no way minimizing the extraor- the IRS. And here is what they say optimistic about Dr. Moniz’s pragmatic dinary challenge of climate change. In they’ve gotten back: crickets. approach to solving America’s energy my view that is a potential catastrophe They say they have not heard a thing challenges. that needs real and immediate action, from the IRS or the DOJ about this po- In particular, I look forward to work- and it is something that cannot be tentially illegal breach of their con- ing with him on finding a sustainable, ducked or ignored. fidential donor information—even as long-term solution for the Paducah On energy, however, the usual cal- they have poured significant resources Gaseous Diffusion Plant—a facility culus has been flipped on its head. New of their own into the investigation, that benefits our country, its commu- technologies have located potentially and, according to them, seen some of nity, and the many dedicated workers huge supplies of natural gas as well as their supporters scared off. who work there. new oil reserves. At the same time, Think about that: the IRS has not I yield the floor. thanks to a combination of improved had the time to respond to this group, Mr. WYDEN. Mr. President, the nom- efficiency, increased renewable power or the Finance Committee—a full year ination of Dr. Ernest Moniz to head the generation, and a rise of affordable nat- after their confidential donor informa- Department of Energy is now the pend- ural gas supplies, our carbon emissions tion appears to have been leaked, from ing business in the Senate. I would like actually fell recently. A decade ago no inside the IRS, to one of NOM’s ideo- to discuss the nomination. I note my one dreamed of either of those facts. logical opponents. friend and colleague Senator MUR- One of the most immediate issues But when the liberal group KOWSKI is here. Both of us will take a that will face Dr. Moniz, if he is con- ProPublica requested confidential in- short amount of time to discuss Dr. firmed, is the question of how our formation about conservative groups, Moniz’s qualifications. country can maximize the benefits of the IRS got back to those folks with I urge colleagues on both sides of the unconventional shale gas. Abundant, the information they wanted in about aisle to support the nomination of Dr. low-cost natural gas provides our coun- two weeks. Ernest Moniz to serve as the Secretary try right now with a competitive, eco- This is exactly the kind of thing I of Energy. Dr. Moniz is smart about en- nomic advantage. The reality is all have been warning about for more than ergy policy, he is savvy about how the over the world others want our gas. a year. Here is a group with an agenda Department of Energy operates, and he Our competitors in Europe and Asia— that runs counter to that of the adminis solution-oriented, which is what where the costs are four or five times istration. Somebody over at the IRS Democrats and Republicans on the as high as our manufacturers—want gets a hold of their donor lists. And Senate Energy and Natural Resources what we have. leaks it to their opponents. Committee saw when he was before our I think it is obvious that this is also Why? So anybody who thinks about committee to consider his nomination. a national security advantage. We will supporting them thinks twice. This is I am going to talk about why I be- be able to rely on our own energy re- what government intimidation and lieve Dr. Moniz is well qualified to sources instead of sources which come harassment looks like. It is completely spearhead our efforts to evolve our from unstable parts of the world that unacceptable. country’s energy system, to increase certainly don’t wish the United States The idea that you have got to move domestic sources, emit less carbon, and well. heaven and earth to get somebody in to bolster our economy. First, though, I was encouraged by the commitment the Federal Government to lift a finger I would like to talk for a few minutes Dr. Moniz made to me to use the best, to get to the bottom of it is an outrage. about the job Dr. Moniz will be step- most recent data to look at questions, This is the kind of thing that people ping into once he is confirmed. such as how building natural gas ex- should be tripping over themselves to Right now the Energy Department is port terminals is going to affect the resolve. Yet Senator HATCH is still at the center of issues that are hugely areas adjacent to those facilities as waiting on a response to a letter he consequential to our economy and the well as the larger American economy. sent about it to the IRS commis- environment. They are how to manage From my experience of working with sioner—last May! the newly accessible reserves of nat- Dr. Moniz, I think he is more than up No one should be intimidated by the ural gas, combating climate change, to the big challenges our country faces government into shutting up as part of and making our economy more effi- as we deal with this historic transition our political process. cient. Certainly front and center is in our energy sector. He knows how the That is why the Republican members how, on a bipartisan approach, we can Department works from the inside, and of the Finance Committee are sending support the development of new energy he knows it because he actually has ex- a letter today to Treasury’s Inspector technology. I believe our country needs perience there. General for Tax Administration re- that kind of energy to transition to a With his background as a well-requesting investigation into this very lower carbon economy. It is built on spected scientist, I am confident Dr. issue. three pillars: strong economic growth, Moniz is going to use the best science Because, without this sort of inquiry, shrinking our carbon footprint, and and most current data in considering we may never have confirmed the inap- spurring energy innovation. key policy issues. He has shown he will

VerDate Mar 15 2010 00:10 May 17, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.001 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3540 CONGRESSIONAL RECORD — SENATE May 16, 2013 take an independent, data-driven ap- Some of the challenges, as the Presi- with this—has a long track record of proach as a professor of MIT and direc- dent of the Senate knows, are about collaboration. That is why I mentioned tor of that university’s energy initia- how to find innovative approaches to early on he showed in his confirmation tive. They have led numerous cutting- storage, and looking at natural gas to hearing—and he showed Democrats and edge studies on a range of energy help us get wind and solar into our Republicans alike—that he is solution- issues. baseload power structure. So this is an oriented and collaborative on the dif- In one sense the Department of En- important issue. ficult questions which are ahead. He ergy ought to be called the department Renewables can also benefit natural brings that scientific credibility, which of innovation. One of the bright lights gas. The Energy Department’s Pacific I have outlined, with real-world policy there is the Advanced Research Northwest National Lab in Richland, experience that is so important to Projects Agency, what is called ARPA- WA—across the river from Oregon—is managing a major Federal agency. E, which funds research with the po- going to soon test a project to use solar There has been bipartisan support ex- tential to produce major break- energy to make natural gas plants 20 pressed from my colleagues on both throughs in energy technology. It was percent more efficient. sides of the aisle for Dr. Moniz in a authorized in 2005, and it was Dr. I am not going to pretend to know usually gridlocked Congress. I feel as Moniz’s predecessor, Secretary Steven everything about engineering, but I though C–SPAN ought to put out a Chu, who oversaw the first project think it is worth noting that the New warning to viewers not to adjust their there and, to his credit, he was an im- York Times said earlier this month the television because this really is how portant champion for that agency in idea that is being explored in Richland, the Senate ought to be working. its early days. WA, would use concentrated solar rays One of the reasons we had the bipar- One of the dozens of efforts that was to heat natural gas and water to about tisan approach on energy issues I have supported by ARPA-E, for example, is a 1,300 degrees Fahrenheit and break been discussing—and it was dem- project at the University of North Da- open the natural gas and water mol- onstrated again this morning in the en- kota which aims to reduce water usage ecules. The result would create syn- ergy committee meeting—is because of powerplants. According to the De- thetic gas, which burns more effi- my friend and colleague Senator MUR- partment of Energy, the university is ciently than natural gas alone. This KOWSKI consistently meets me at least testing an air-cooled absorbent liquid would give us more energy for every halfway, and often more, on these big that retains and releases moisture to molecule of gas burned, which means issues. I thank the Senator from Alas- cool powerplants that could result in lower costs and reduced greenhouse gas ka for that cooperation on the Moniz efficient power production with mini- emissions. This is just one of many nomination and many other matters. I mal water loss. projects the Department is backing. look forward to Senator MURKOWSKI’s I think it would be fair to say we They are not sure which are going to comments. could put together a pretty impressive ultimately pan out, but the potential I see other colleagues here who may filibuster if any one of us wanted to de- wish to speak at this time, and I yield for breakthroughs—such as the one I scribe the various types of research the floor. have described—is exactly why it is so going on or the research funded by the The ACTING PRESIDENT pro tem- Department. They are leading research important for the Energy Department pore. The Senator from Alaska. in a number of areas our country needs to have a broad research portfolio. Ms. MURKOWSKI. Mr. President, I Our country’s competitors are not to work on if we are to achieve that ob- appreciate the opportunity to follow sitting back waiting for our country to jective I have staked out, and that is to my friend and colleague Senator do all of the world’s innovation. China, secure a lower carbon economy. WYDEN from Oregon, the chairman of As far as energy efficiency, the low- Germany, and others are pouring re- the energy committee, to speak today est cost way to reduce energy use and sources into R&D to try and get an ad- about the confirmation of Dr. Ernest cut emissions is going to be a big part vantage. The fact that we have our En- Moniz to be our Nation’s Secretary of of the Department’s mission in the ergy Department on the front lines of Energy. next 4 years. Our committee is moving this fight to show the world how to in- I think it is good when we are able to ahead in that area, starting with yet novate is a huge American asset. stand as the chairman and the ranking another bipartisan bill, the Shaheen- A significant portion of the Energy member and come to terms of agree- Portman legislation that, in my view, Department’s budget goes into an of- ment so far as support for an individual is the standard bearer now for energy- fice that is described as Environmental for a position such as Secretary of En- efficient legislation. We passed it out Management, which essentially means ergy. This is an important position of the committee with broad bipartisan cleaning up America’s radioactive nu- within this administration. It is an im- support, and I hope it will come to the clear waste. There are 17 active sites portant position just from the perspec- floor of the Senate very soon. the Department is currently cleaning tive of how we move forward in this The Department is also doing impor- up, including the Hanford site in south- country while we deal with our energy tant work on carbon capture, carbon eastern Washington. Whistleblowers issues and our energy future, which I sequestration, and utilization—trap- and independent watchdogs, such as think is where we get relatively enthu- ping emissions from fossil fuel oper- the Defense Nuclear Facilities Safety siastic about this nomination. ations and storing them underground Board, have identified some troubling Again, I thank the chairman of the to reduce the impacts to our climate. problems with how waste is stored in Energy and Natural Resources Com- The chair of our Public Lands, Forests, Hanford—including the potential for mittee, my friend from Oregon, for his and Mining Subcommittee—my friend hydrogen to build up and explode in leadership in advancing the nomina- Senator MANCHIN—has a great interest several waste tanks. They have also tion to the finish line. in this particular area, and Dr. Moniz, flagged ongoing design issues with the I also want to recognize and thank to his credit, has said this is an area facility that will treat the site’s nu- the members of our committee for which deserves a significant amount of clear waste—another matter the De- their very thoughtful questions. When attention. partment of Energy must solve. we had Dr. Moniz before the com- DOE research has also helped show People who live near Hanford and de- mittee, it was perhaps one of the that natural gas and renewables are pend on the Columbia River received smoother confirmation hearings we not mutually exclusive. This country some welcome assurances from Dr. have had in quite some time. does not have to choose between the Moniz. At the hearing, Senator MUR- I also thank the full Senate for work- two. In fact, natural gas plants, in my KOWSKI and I brought some of these ing with us so we can fulfill our con- view, make great partners for intermit- issues up where Dr. Moniz said the sta- stitutional responsibility for advice tent renewables such as wind and solar tus quo with respect to the Department and consent here today. because they can fire up and power of Energy on Hanford is not acceptable. Before I speak to Dr. Moniz’s quali- down quickly. That is a very important I look forward to working with them fications—and I do think Senator part of our future energy agenda. We on that long-term solution. WYDEN has addressed those very well— want to have more wind and solar. We Finally, I think it is fair to say Dr. I wish to take a moment to discuss the know they are intermittent sources. Moniz—and it is appropriate to close agency he will soon lead.

VerDate Mar 15 2010 00:10 May 17, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.005 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 16, 2013 CONGRESSIONAL RECORD — SENATE S3541 The Department of Energy was cre- ing to keep energy abundant, afford- As I have indicated in my comments, ated back in 1977. It was created fol- able, clean, diverse, and secure, prin- I think the Department of Energy lowing the oil embargo which caused ciples that I think go into defining a needs good, strong direction. It needs the gasoline shortages we saw around good, strong Federal energy policy. As that leadership, and I believe Dr. Moniz the country. The architects—those who I see it, DOE, in particular, must be a will provide both. That is why I am put together the contours of DOE— stronger voice in the councils of this supporting his nomination, and I ask were surveying a very different energy administration for energy supply. In my colleagues in the Senate to join me landscape than we face today. light of several costly failures, the De- in voting to confirm him later this Back in 1977, energy was viewed from partment must become a better stew- afternoon. the position of scarcity rather than the ard of taxpayer dollars. I note my colleague from New Jersey abundance we recognize today. Those So all of these challenges, and more, is here. I have some comments I wish architects, as they defined what a De- will be inherited by our next Secretary to make about the Arctic Council partment of Energy would look like of Energy. Along with the challenges, I meeting, but I will certainly defer to and what it would hope to achieve, as think we also recognize there are great my friend from New Jersey for his com- well as the mission set there, had some opportunities within the energy sector. ments this morning. pretty high hopes for what the Depart- That is why I believe we will do well to The PRESIDING OFFICER (Ms. ment would accomplish. place Dr. Ernie Moniz, who is clearly a BALDWIN). The Senator from New Jer- I think what we need to do is look man with talent and experience in both sey. back to that organic act which states the laboratory and as a public policy- Mr. MENENDEZ. Madam President, I that DOE would ‘‘promote the general maker, to place him at the helm of this wish to thank the distinguished rank- welfare by assuring coordinated and ef- department. ing member for her courtesy. I intend fective administration of Federal en- Dr. Moniz has some pretty impressive to support this nominee for all of the ergy policy and programs.’’ That is credentials. He is a physicist, having reasons the distinguished chairman has pretty simple. graduated from Boston College before said. That same act goes on to list 18 dif- completing his Ph.D. at Stanford. He (The remarks of Mr. MENENDEZ per- ferent purposes, a few of which bear reserved in the White House Office of taining to the introduction of S. 980 are printed in today’s RECORD under peating. One of them is to assure, to Science and Technology Policy and as ‘‘Statements on Introduced Bills and the maximum extent practical, that an Under Secretary of the Department Joint Resolutions.’’) the productive capacity of private en- of Energy during the late 1990s. For the Mr. MENENDEZ. I yield the floor and terprise shall be utilized in the devel- vast majority of his career, he has also note the absence of a quorum. opment and achievement of the policy served as the director of the MIT En- The PRESIDING OFFICER, the clerk and purposes of the act. ergy Initiative. He has studied and will call the roll. Another one of those purposes is to written about nuclear energy, natural The legislative clerk proceeded to provide for the cooperation of Federal, gas, innovation—really any number of call the roll. State, and local governments in the de- topics with direct relevance for the fu- Ms. MURKOWSKI. Madam President, velopment and implementation of nature of our energy policy. So he has I ask unanimous consent that the order tional energy policies and programs. both. He has the academic experience, for the quorum call be rescinded. A third purpose is to carry out the most certainly, as we see at MIT and at The PRESIDING OFFICER. Without planning, coordination, support, and Stanford, but he also has that practical objection, it is so ordered. management of a balanced and com- application. My colleague from Oregon ARCTIC COUNCIL MINISTERIAL MEETING prehensive energy research and devel- described him as solution oriented, and Ms. MURKOWSKI. Madam President, opment program. I think that is a very apt description. while we are waiting for colleagues to Looking back at DOE’s creation is a He is an impressive nominee. come and join us on the floor to speak reminder of how far we have come and In our meetings where it is nice and about the nomination of Dr. Ernest yet how far we still have to go in casual and relaxed and people can have Moniz to be Secretary for the Depart- achieving these various purposes that a pretty good conversation, I was very ment of Energy, I thought I would take were set out in that organic act. impressed with not only Dr. Moniz’s a few moments and fill in my col- Today the Department is a major de- background and experience but how he leagues about a meeting I just returned partment. It has a budget of more than views moving forward within the De- from in Kiruna, Sweden. This was the $25 billion each year. Thousands of sci- partment of Energy. There is a level of Arctic Council ministerial meeting. entists work on cutting-edge tech- comfortable confidence I found encour- The Arctic Council is comprised of nologies at our national labs as they aging. He has shown he understands the eight Arctic nations, of which the look for breakthroughs and manage what his job requires, and because of United States is one by virtue of the our nuclear weapons programs. that I believe he will be a capable Sec- State of Alaska, but not to diminish Yet more than three decades later, it retary. He is knowledgeable, he is com- the fact that we truly are an Arctic na- would be difficult to find many who petent, and he is refreshingly candid, tion, and our role as such, involved truly believe we have achieved this co- and I think that is an important part with other Arctic neighbors, is a grow- ordinated and effective administration of it. ing role and a role the rest of the world of Federal energy policy. In fact, we I kind of challenged him in the con- is looking at with great interest and are going to have some who would dis- firmation hearing before the Energy great anticipation as to how the United agree as to whether we have developed Committee to keep that up: Don’t be States is going to step forward into a Federal energy policy that ade- afraid to speak out, to be refreshingly this important arena. quately serves our national needs. In- candid. I think that is good advice. This is the second Arctic Council stead, we have seen energy-related pro- He also has proven the Senate’s con- meeting I have attended. I was in grams and initiatives that are frag- firmation process can be navigated suc- Nuuk, Greenland, with Secretary Clin- mented and scattered throughout the cessfully without undue delay, as long ton and Secretary Salazar 2 years ago. Federal Government. Not enough as questions are answered and concerns That was the first time the United money, in my view, is getting to the raised by Members are taken seriously, States had sent a Cabinet member, bench for research and development, and I think he did attempt to do that. sent the Secretary of State to the Arc- which is a critical aspect of how we It is my hope that after his confirma- tic Council, and it caused great waves build out that energy policy. It is also tion, Dr. Moniz will guide our Nation’s throughout the Arctic world and cer- a critical component of how we move energy policy as the respected scientist tainly gained the attention of nations toward our energy future. he is and do so rigorously, robustly, around the world. The sentiment was All too often it appears we have silos free of preordained conclusions, and, the United States is finally stepping within the Department that stand in again, not afraid to speak up or to up, the United States is moving for- the way of progress. In recent years I speak his mind. His Department will ward, recognizing its role as an Arctic have become concerned that DOE is benefit, and I think the country will as nation. So it was exceedingly impor- not clearly and unambiguously work- well. tant that Secretary Kerry continued

VerDate Mar 15 2010 00:10 May 17, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.006 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3542 CONGRESSIONAL RECORD — SENATE May 16, 2013 that good work of Secretary Clinton in whether it is through exploration or, row, which is, of course, the northern- leading the United States in its role at hopefully, production that will move most city in the United States. Barrow this ministerial meeting. forward. is a relatively small community of sev- I will tell you, Secretary Kerry has What we are trying to do within the eral thousand individuals. One after- been very involved here in this body as Arctic Council and other entities is noon there was a group of folks who a Senator in his leadership on certain make sure that when that happens, we were in town and they were all speak- issues, specifically advancing the Law are prepared. So we are putting for- ing German. of the Sea Treaty—ratification of that ward collaboration and collective Somebody asked: Well, how did you important treaty—speaking out and agreements so there is an under- get here? Where did you come from? being very forthright on the issue of standing that in the event—hopefully, They did not see that many people climate change. His leadership at the a very unlikely event—something getting off the Alaska Airlines jet. The council meeting in Kiruna yesterday would ever happen, there is an under- German tourists pointed to a cruise was clearly evidenced as he worked to standing as to how all the nations act, ship that was offshore. They had bring the parties together in terms of the level of preparation that moves for- lightered these German tourists into an agreement to move forward with ward. the community. Just a few years back, how we treat observers to the Arctic There are incredibly important ini- a cruise ship in these waters was un- Council. I commend Secretary Kerry tiatives as we deal with an evolving heard of. What we are seeing now are for his leadership, certainly for his ini- Arctic. Think about the world up north cruises. We have a level of tourism that tiative, in ensuring that the United there. Really understand what is hap- would never have been anticipated. So States continues to have a high profile pening. This is no longer an area that how we prepare for all of this is a chal- and a growing profile. is locked in ice and snow, an area lenge for us. Why is this important? Why do we where we are not able to transit, an The work of the Arctic Council is need to not only be engaged but to step area where there is no human activity. again focusing on collaboration and co- up that engagement? Well, yesterday, The Arctic has clearly seen an opening, operation in an area, in a zone of peace, the chairmanship of the Arctic Council as we see the sea ice receding. We are as many would suggest. This is an im- transferred from Sweden to Canada, so seeing a level of activity that is un- portant opportunity for us from a di- our neighbors to the North will chair precedented. It is truly the last fron- plomacy perspective. Think about how the Arctic Council for these next 2 tier—a new frontier, so to speak. many hot spots we have in the world, years. In 2015, the gavel of that chair- Again, how we prepare for a world how many places on this planet where manship will pass from Canada to the where there is more movement, where we are trying to put out fires that have United States, so we will be working to there is more activity, is going to be a been simmering or smoldering for dec- set the agenda, although it is a very critical key to the success and the op- ades, for generations, for some, mil- consensus-driven process. But we will portunity. We recognize the volume of lennia. If we have a part of the world clearly be in a leadership role amongst shipping now coming through the where we can work together, what kind the eight Arctic nations and those ob- Northwest Passage, coming from Rus- of a message, what kind of a symbol server nations. It is critically impor- sia on down through the Bering Strait, does that represent? So we have some tant that we are ready, that we be through very narrow channels there enormous opportunities within the working toward assuming this leader- out to Asia, down into the Pacific. Arctic. ship position. There is incredible movement. So how Part of my challenge—and I shared In doing that, it is more than just at- are we preparing ourselves for an in- this with Secretary Kerry—is impress- tending meetings every other year. It creased volume of shipping traffic? Do ing upon people in this country that we is the agreements that come out as a we have the navigational aids we need? are an arctic nation. The Presiding Of- result of these ministerials, these con- Do we have the ports and the infra- ficer hails from the State of Massachu- sensus initiatives that help to advance structure that will be necessary? These setts. My colleague and chairman of the dynamic in an evolving part of the are some of the initiatives that were the Energy Committee comes from Or- world. discussed. egon. I would venture to say that most In Nuuk, the first-ever binding agree- Obviously, when we think about an of the Senator’s constituents do not ment of the parties was entered into, Arctic that is changing, a key focus is view themselves as people of the Arc- and this was a search-and-rescue agree- on climate change and what is hap- tic, but we are. As 50 States, we are. So ment. If there is an incident up in the pening. We are seeing the impact of cli- how we work together to make sure Arctic—and the world up there knows mate change in the Arctic more notice- America’s role as an arctic nation is very little in terms of boundaries and ably than in other parts of the globe. represented is key. what happens with ice, but we recog- So there is a great deal of science and I will conclude my remarks by noting nize our infrastructure is severely lim- research that is going on that is nec- that on Friday the White House re- ited. So who is in charge? How do we essary. How we collaborate, how we leased its Arctic strategy. This is a work cooperatively, collaboratively share that with all of our other Arctic document to advance national security with search and rescue? It was an ex- neighbors is going to be key. interests, how we responsibly manage ceedingly important initiative that How we map our resources, whether the Arctic ecosystem, how we bolster was adopted 2 years ago. it is understanding the sea floor, international relationships—all very Yesterday, in Kiruna, it was the whether it is understanding the coast- worthwhile goals. I think we recognize adoption of the Agreement on Coopera- line, this is an area that—we use the that it is perhaps a little bit light on tion on Marine Oil Pollution Prepared- term ‘‘frontier.’’ When we go out into a detail, but the good news is that so ness and Response in the Arctic. There new frontier, it is important to know many of our Federal agencies are work- is a recognition that in the Arctic, what it is we are dealing with; how we ing to help advance these goals. where some 15 percent of the world’s can work cooperatively on things such What we need, in addition to a co- known oil and gas reserves are situ- as mapping; what we can do to ensure ordinated strategy, is a policy that is ated, there will be activity. We are see- that as we see changes, as we see devel- going to make sense from all of the dif- ing it in Russia to our left-hand side; opment, as we see increased economic ferent levels, whether it is how we deal we are seeing it in Canada to our right- activity in the Arctic, that the indige- with the energy, how we deal with the hand side. In the United States, as we nous people—the people who have been human side, how we deal with the secu- all know, Shell attempted to begin ex- there for thousands of years, living a rity aspect of it. These are complicated ploration this year. There have been true subsistence lifestyle—that their issues, but it is an opportunity that is previous exploration efforts up in the lifestyle remains intact, that there can almost unprecedented to be able to Beaufort and in the Chukchi. Whether be a balance and a harmony with their take a blank page and be able to create you are for or against oil development world and this changing scenery and opportunities, to be able to create poli- here in this country, the recognition is landscape in front of them. cies that really began with a level of that within the Arctic nations there is This is a story that was conveyed to collaboration and cooperation. This is activity. There are ongoing efforts, me several years ago. I was up in Bar- what we are hoping to build not only

VerDate Mar 15 2010 00:10 May 17, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.009 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 16, 2013 CONGRESSIONAL RECORD — SENATE S3543 with our Arctic neighbors but beyond since 1973. Dr. Moniz has led many Mr. CASEY. I ask unanimous consent that. groundbreaking initiatives at MIT, in- that the order for the quorum call be It was interesting to note the rec- cluding most recently serving as the rescinded. ognition of six nations that joined as funding director of the MIT Energy Ini- The PRESIDING OFFICER. Without observers: China, India, Italy, Japan, tiative and leading the MIT Laboratory objection, it is so ordered. Singapore, and South Korea. No one for Energy and the Environment. Mr. CASEY. I ask unanimous consent would ever suggest these are Arctic na- Through the MIT Energy Initiative, he to speak as in morning business. tions, but the reason they want to be has been at the forefront of multidisci- The PRESIDING OFFICER. Without engaged as observers is they recognize plinary technology and policy studies objection, it is so ordered. the importance of the Arctic to the on the future of nuclear power, coal, NLRB rest of the globe. They recognize the nuclear fuel cycles, natural gas, and Mr. CASEY. I rise to speak about the importance, whether from a shipping solar energy. The initiative has spun National Labor Relations Board. This perspective, whether from an environ- out numerous startup companies from is a board and a set of issues we are mental perspective, whether from just the campus lab into the emerging and going to be debating and have begun to an opportunity for resources. There is important clean energy economy. debate recently. It will be with us for a a keen awareness of what is happening In addition to his many years of serv- while, and it is an important debate we in the Arctic, that this is the place to ice to the Commonwealth, Dr. Moniz are having. be right now. also knows his way around this town, As the Senate considers the National So my urging to my colleagues is to which I am sure will serve him well in Labor Relations Board member nomi- pay attention to not only what is hap- his new position. He served previously nations, I think it is very instructive, pening in the Arctic but pay attention as Under Secretary of the Department and I would even say essential, to look to how an increased role in the Arctic of Energy and before that as Associate back at the history of the Board and impacts them and constituents in their Director for Science in the Office of the National Labor Relations Act, the States because whether it is sending Science and Technology Policy for legislation that created the Board, to goods from one nation to another, this President Clinton. recall why this Board and the act are is an opportunity to allow for transit One of the biggest challenges he will so important to our economy, our and commerce that has only been a undoubtedly face as Secretary is how workers, and our businesses. The National Labor Relations Act dream. Whether it is how we access our to continue critical U.S. investments played a key role in making the United energy resources in a way that is done in emerging energy technologies, in- States the prosperous Nation we are responsibly, safe, and with an eye to- cluding fusion, in the face of a difficult budget climate. While I recognize that, today. A properly functioning labor ward environmental stewardship, there board and a revived, modernized Na- are opportunities for us—challenges, as Secretary, Dr. Moniz will need to recuse himself from this particular tional Labor Relations Act could be yes, but opportunities for us as well. key players in a more prosperous fu- So I will be talking much more about issue, I strongly support continued DOE funding of the domestic fusion en- ture. our role as an arctic nation, our re- Congress passed the act in 1935 dur- sponsibilities as an arctic nation, but I ergy research program at MIT, the C- Mod Program, which has for years led ing the depths of the Great Depression. would ask that we start thinking about The National Labor Relations Board this: Where does Massachusetts, where in fusion science and is an incubator for the next generation of fusion sci- Act legitimized and gave workers the does Oregon, where do they fit in as right to join unions. It encouraged and part of an arctic nation? entists. Unless additional action is taken by DOE, the C-Mod research fa- promoted collective bargaining as a I yield the floor. way to set wages and settle disputes The PRESIDING OFFICER (Mr. cility at MIT will be abruptly termi- nated, 130 fusion scientists, engineers, over working conditions, and it led to a HEINRICH.) The Senator from Massa- surge in union membership and rep- chusetts. graduate students, and support personnel at MIT would also be termi- resentation. It is worth remembering Mr. COWAN. Mr. President, I rise to as well why the act was passed in the speak in support of the nomination of nated, and hundreds of millions of dollars invested in this program over the first place. Dr. Ernest Moniz—a native son of Mas- To quote section 1 of the act: ‘‘The sachusetts—to be Secretary of Energy. past generation will be lost. Our Nation’s domestic fusion pro- inequality of bargaining power between In voting yes on his nomination, the gram simply cannot withstand the pro- employees . . . and employers . . . sub- Senate will confirm someone who is exposed reductions without a severe neg- stantially burdens and affects the flow tremely well qualified for the role of ative impact to our fusion research and of commerce, and tends to aggravate Secretary of Energy and someone who our scientific contributions to the recurrent business depressions by de- is proof positive that the American international fusion research commu- pressing wage rates and the purchasing dream is alive and well. nity. This shortsighted approach could power of wage earners.’’ Dr. Moniz is a son to first-generation eliminate the ability of the United I am quoting in pertinent part the immigrants to America, to Fall River, States to take a lead role in the devel- most significant words in that part of MA, a historic city on the south coast opment of the next generation of en- the act which are the flow of com- of Massachusetts rich with a history in ergy research. merce, how important it is to settle the textile and garment mills and now The Department of Energy has sig- disputes so we can have a free-flowing with a bright future in the innovation nificant responsibilities that impact commerce, and that workers have the economy. America’s economic energy, environ- rights they are entitled to. It was in Fall River that Dr. Moniz mental, and security future. It is my As I said, it was passed in 1935. The first developed his love of science, both strong belief that Dr. Moniz has the economy was reeling. One-fourth of the at home and in the Massachusetts pub- ability, knowledge, experience, and vi- workforce was jobless. Millions of lic schools. With the help of scholar- sion to be an excellent Secretary of En- Americans were poor, hungry, and ships from his father’s labor union, Dr. ergy for the people of the United homeless. Balancing the bargaining Moniz was able to attend and receive States. I look forward to casting my power of employers and employees, his bachelor of science degree, summa vote to confirm this brilliant scientist, Congress hoped to restore the Nation cum laude in physics, from Boston Col- dedicated public servant, and, yes, na- to economic prosperity. Giving workers lege. From there, Dr. Moniz went on to tive son of Massachusetts. the right to organize and bargain col- do even greater work. I yield the floor, and I suggest the ab- lectively would allow them to stand up In Massachusetts, we are grateful for sence of a quorum. to corporate power and demand higher the decades of service he has given to The PRESIDING OFFICER. The wages, thereby increasing their in- one of the finest institutions not just clerk will call the roll. comes and their purchasing power. in the Commonwealth but in the world, The assistant bill clerk proceeded to That, in turn, would increase consump- the Massachusetts Institute of Tech- call the roll. tion and demand for goods, increasing nology—otherwise known as MIT— The PRESIDING OFFICER. The Sen- production and, in fact, increasing em- where he has been a faculty member ator from Pennsylvania. ployment.

VerDate Mar 15 2010 00:10 May 17, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.010 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3544 CONGRESSIONAL RECORD — SENATE May 16, 2013 As former NLRB Chairman Wilma one wonders why the tremendous walls are If the United States today had a pro- Liebman said: ‘‘The law was enacted not wrenched by the force of this uproar. portional number of occupational fa- less as a favor to labor, than to save And up and down the tunnel there is a riot of talities as they had in Pittsburgh when lights, little orange points flickering and 500 workers died, the number would be capitalism from itself.’’ flashing. Miners stride in swift and somber We know that before the New Deal, procession. But the meaning of it all is in 150,000 workers today losing their lives the Federal and State governments, the deep bass rattle of a blast in some hidden on the job. Workers were chewed up the courts, and the law had all been part of the mine. It is war. It is the most sav- and discarded with no workers’ com- hostile to the collective rights of work- age part of all in the endless battle between pensation system and no hope of suing ers in their struggles against corporate man and nature. Sometimes their enemy be- the corporation for negligence. The law power. For decades, going back to the comes exasperated and snuffs out ten, twen- of labor relations was seriously unbal- ty, thirty lives. Usually she remains calm, anced. Whereas business owners were late 1800s, the majority of production and takes one at a time with method and workers in America’s heavy industries precision. She need not hurry. She possesses able to act collectively, joining to- had labored in harsh and often dan- eternity. After a blast, the smoke, faintly lu- gether in corporations to be treated as gerous conditions for low wages, with minous and silvery, floats silently through a special kind of person under the law, little security. I know this from my the adjacent tunnels . . . while escaping individual liability for own family’s history, but I also know Great and mystically dreadful is the earth corporate acts, unions were sometimes from the mine’s depth. Man is in the implac- it from the history of my own region of treated as criminal conspiracies, their able grasp of nature. It has only to tighten strikes were considered illegal re- northeastern Pennsylvania, the so- slightly, and he is crushed like a bug. His called hard coal or anthracite region of loudest shriek of agony would be as impotent straints against trade, and courts in- Pennsylvania. as his final moan to bring help from that fair tervened to issue injunctions to hold Stephen Crane, the great novelist, land that lies, like Heaven, over his head. unions liable for the acts of their mem- wrote about the coal mines right There is an insidious, silent enemy in the bers. gas. If the huge fanwheel on the top of the around the turn of the century. Actu- When workers tried to form unions to earth should stop for a brief period, there is defend themselves or to win a fair ally, they are the coal mines of my certain death. If a man escapes the gas, the home county. He talked about all the share of the profits, they were usually floods, the squeezes of falling rock, the cars met by fierce resistance by employers, ways a miner could lose his life in the shooting through little tunnels, the precar- fueling anger and resentment, often coal mines. I ask unanimous consent to ious elevators, the hundred perils, there usually comes to him an attack of miner’s asth- leading to violence. have printed in the RECORD that part of One of the most famous and, I should Stephen Crane’s essay about the coal ma that slowly racks and shakes him into the grave. Meanwhile, he gets $3 per day, and say, infamous tragedies involved Car- mines. his laborer $1.25. negie Steel, which for 10 years had a There being no objection, the mate- Mr. CASEY. When unions sprang up collective bargaining contract with its rial was ordered to be printed in the to defend the rights of workers, they skilled employees at the Homestead RECORD, as follows: were treated as illegal conspiracies, plant but decided in 1892, during an The novelist Stephen Crane toured a mine ruthlessly smashed by companies that economic depression, both to cut the near Scranton in 1894, just ten years before either used violence or called on the employees’ wages and to destroy the my father went to work in the mines. He de- police or military to defend their inter- scribed the scene in McClure’s Magazine: union. I won’t go into the whole story The breakers squatted upon the hillsides ests. The unions rarely made more today; we don’t have time. Suffice it to and in the valley like enormous preying than temporary gains. say the union was crushed completely monsters, eating of the sunshine, the grass, When America began to industrialize because of the actions of that steel the green leaves. The smoke from their nos- in the 1800s, the relationship between company and then steel companies trils had ravaged the air of coolness and fra- workers and their bosses changed dra- after it. grance. All that remained of vegetation matically. Craft work by skilled em- Move forward in history when de- looked dark, miserable, half-strangled.... ployees was replaced by mass produc- mand for their products dried up in the The [boys] . . . are not yet at the spanking tion with hundreds or even thousands Great Depression. Many businesses cut period. One continually wonders about their of people working for a single, imper- both wages and hours, further depress- mothers, and if there are any schoolhouses. sonal corporation. Giant powerful enti- But as for them, they are not concerned. ing workers’ incomes and purchasing When they get time off, they go out on the ties generally treated their workers power. culm heap and play baseball . . . And before like faceless, expendable commod- In President Franklin D. Roosevelt’s them always is the hope of one day getting ities—inputs into the production proc- first year in office in 1933, he pushed to be door-boys down in the mines; and, ess, whose costs had to be kept low in through Congress the National Indus- later, mule boys; and yet later, laborers and order to maximize profits in the in- trial Recovery Act. One of its main helpers . . . comes of robber barons. That was cer- purposes was to encourage companies A guide then led Crane into the mine: tainly true in my home State of Penn- to recognize their unions and to bar- It was a journey that held a threat of end- sylvania. gain with them. FDR and Labor Sec- lessness. Then suddenly the dropping plat- The corporations amassed enormous form slackened its speed. It began to descend retary Frances Perkins were convinced slowly and with caution. At last, with a wealth, but the employees were mostly that raising wages and thereby increas- crash and a jar, it stopped. Before us left behind, with lives of misery and ing consumer demand was essential to stretched an inscrutable darkness, a sound- hardship. In Pittsburgh, for example, lift the economy and put people back less place of tangible loneliness. Into the the western corner of our State, a re- to work. nostrils came a subtly strong odor of powder- markable in-depth sociological study Unfortunately, the entity the act smoke, oil, wet earth. The alarmed lungs by the Russell Sage Foundation of the created to encourage collective bar- began to lengthen their respirations. lives of working families in the early gaining, the National Labor Board, as Our guide strode abruptly into the gloom. 1900s found widespread grinding pov- it was called at the time, had no power His lamp flared shades of yellow and orange erty and child labor, poor health and to compel compliance with the new upon the walls of a tunnel that led away from the foot of the shaft. Little points of education, and astonishing levels of law. Union membership soared, but the coal caught the light and shone like dia- work-related injury and illness. In Al- companies continued to resist collec- monds. . . . legheny County, where Pittsburgh is tive bargaining or recognize the sham The wonder of these avenues is the noise— located, with a million residents, more company unions they controlled, effec- the crash and clatter of machinery as the el- than 500 workers died in industrial ac- tively bargaining with themselves evator speeds upward with the loaded cars cidents in a single year, most of them rather than the real representatives of and drops thunderingly with the empty ones. in the steel mills. The same was true in the workers. Instead of an orderly, effi- The place resounds with the shouts of mule the coal mines. cient act, or system, I should say, the boys, and there can always be heard the To give you an example, in 1907, 1,516 act produced chaos. The Supreme noise of approaching coal cars, beginning in mild rumbles and then swelling down upon workers were killed in the coal mines Court ruled that the act was beyond one in a tempest of sound. In the air is the of Pennsylvania. In over about a 98- the powers of Congress under the com- slow painful throb of the pumps working at year period, 31,047 known fatalities merce clause of the Constitution. the water which collects in the depths. There happened in the coal mines of Pennsyl- What happened then was Senator is booming and banging and crashing, until vania. Robert Wagner of New York started

VerDate Mar 15 2010 00:10 May 17, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.012 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 16, 2013 CONGRESSIONAL RECORD — SENATE S3545 over and drafted the National Labor I hope we can begin a process of re- are two questions yet to be answered Relations Act of 1935. It passed quickly viving collective bargaining soon, but that I find particularly troubling. and survived a constitutional challenge first we must end the disgrace of leav- First, how was the improper targeting in the Supreme Court. The new law re- ing the Nation’s most important labor of IRS agents allowed to continue for quired companies to recognize unions relations agency without leadership. It more than 18 months before it was fi- as the exclusive representative of their is shameful if we allow this to happen. nally brought to an end? employees when they could prove ma- The recent record of obstruction of Secondly, how did the internal IRS jority representation. It gave the new nominations in the Senate is, in a process involve so many high-level IRS board the authority to conduct elec- word, unacceptable and should be unac- officials yet remain hidden from the tions and to order companies to bar- ceptable to every American. It is time public and from Congress for more than gain in good faith over wages and to confirm the President’s nominees to 2 years? working conditions. It outlawed sham the National Labor Relations Board, to Former Commissioner Miller was company-dominated unions, and it pro- give certainty to workers and to busi- quoted yesterday as saying the IRS tected employees from violations by nesses as we continue to recover and misconduct was a result of two employers of their right to join a union create jobs. ‘‘rogue’’ employees in Cincinnati who or to engage in strikes or other pro- As I leave, I would go back to the few were ‘‘overly aggressive.’’ Yet we now tected, concerted activities such as short words I will read from the open- know from the IG report the IRS’s at- hand billing or picketing. ing Findings and Policies of the Na- tempt to deal with the targeting of The Board itself was given the power tional Labor Relations Act: conservative groups went through nu- to require employers to hire back fired Experience has proved that protection by merous high-level IRS officials in workers, to pay lost wages with inter- law of the right of employees to organize and Washington. est, and to agree not to break the law bargain collectively safeguards commerce We know as early as March of 2010, in the future. from injury, impairment, or interruption, IRS officials in Washington were in- For a time, the new law worked. As and promotes the free flow of commerce by volved in applying special scrutiny to Wilma Liebman, on the National Labor removing certain recognized sources of in- tea party and other applications with Relations Board for 14 years, said re- dustrial strife and unrest. conservative-sounding names. Accord- cently: I yield the floor, and I suggest the ab- ing to the IG report, the head of the Over the next decades, millions of workers sence of a quorum. IRS Exempt Organizations Division voted for union representation in NLRB-con- The PRESIDING OFFICER. The and the IRS Chief Counsel became ducted elections. And millions achieved a clerk will call the roll. aware of this targeting almost 2 years middle class way of life through collective The legislative clerk proceeded to ago in the summer of 2011. bargaining and agreements that provided call the roll. Let’s be clear: The scandal isn’t sim- fair wages and benefits in major industries of Mr. THUNE. I ask unanimous con- ply a few rogue employees. The real the economy. sent that the order for the quorum call scandal is an entire bureaucratic struc- At the peak of union power, 35 per- be rescinded. ture within the IRS that allowed this cent of workers were covered by union The PRESIDING OFFICER. Without targeting to go on for 18 months. contracts. They won higher wages, job objection, it is so ordered. Behind me is the organizational security, and other benefits. American Mr. THUNE. I ask unanimous con- chart from the IG report showing all family incomes grew by an average of sent to speak as in morning business. the offices that were involved in deal- The PRESIDING OFFICER. Without 2.8 percent per year from 1947 to 1973. ing with the improper targeting of con- objection, it is so ordered. Let me say that again. There was al- servative groups. As you can see, of the most a 3-percent increase in family in- THE IRS 12 offices on this chart, only two of comes from 1947 to 1973, with every sec- Mr. THUNE. Mr. President, yester- these offices are based in Cincinnati. tor of the economy seeing its income day morning I called for the immediate The other 10 offices are in Washington, roughly doubled. resignation of Acting IRS Commis- DC. This particular office was the of- Due to a number of factors, union sioner Steven Miller in light of the fice—until just last night—Acting membership as a share of private sec- IRS’s admission that it targeted con- Commissioner Steven Miller held. But tor employment has declined from that servative groups for inappropriate as you can see, Mr. President, this is 35 percent to less than 7 percent today. scrutiny. While I was willing to give lifted directly from the IG’s report. We know that our history tells us not Mr. Miller and other IRS officials the This is an organizational chart that only is the act important for union benefit of the doubt until the facts suggests the two offices in Cincinnati members and for their families, but it were in, the Treasury Inspector Gen- were a small part of a much bigger web is also very important for the middle eral report released on Tuesday has of offices and individuals who were in- class. erased any doubts as to the severity of volved. No one thinks the National Labor the misconduct and the blatant incom- This situation may have started with Relations Board by itself will be able petence in dealing with the highest lev- a few rogue employees in Cincinnati, to restore balance to America’s in- els of the IRS. but the idea that somehow it was con- comes or restore purchasing power to I am pleased President Obama chose fined to that one small part of the IRS the middle class. The Board itself can to heed the call that I made, and others structure is simply untrue. It is also help make a difference, especially if as well, by dismissing Mr. Miller last misleading to suggest the IRS has been Congress repairs decades of damage to night. This is a necessary step, but anything other than secretive and re- the rights of unions and employees to only a first step, toward restoring the sistant to calls for greater trans- organize, bargain and, if necessary, to, credibility and the integrity of the parency when it comes to the agency’s in fact, strike. The Employee Free IRS. This scandal is much larger than handling of conservative groups. Choice Act would have been a good any one official within the IRS. Any We now know then-Deputy Commis- start in that campaign of repair and government official who knew about sioner Miller was made aware of inap- restoration. the misconduct within the IRS and de- propriate targeting of conservative Tens of millions of Americans today cided not to make this information groups as early as May of 2012. Yet for are working at poverty wages. By one public should be held accountable. No 1 year Mr. Miller did not bring this in- estimate, 28 percent of workers are American taxpayer should ever have to formation to the attention of the pub- paid at a poverty-level wage or less. worry that a group they belong to or a lic or Congress. People who work hard for a living de- view they espouse would subject them In June and August of 2012 I joined serve a path to a decent economic fu- to less favorable tax treatment by with fellow Republican Senators on the ture. Workers today are better off than their government. Yet the IG report Finance Committee in sending letters the average workers surveyed in Pitts- has, unfortunately, confirmed this po- to the IRS regarding reports the IRS burgh 100 years ago, as I cited earlier, litical profiling is exactly what hap- was requiring conservative 501(c)(4)s to but their lives are getting harder every pened. disclose their donors and expressing year. They are not sharing in our ever- The misconduct by the IRS is trou- concerns the IRS may change regula- growing national wealth. bling for a host of reasons, but there tions affecting these groups in response

VerDate Mar 15 2010 00:10 May 17, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.013 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3546 CONGRESSIONAL RECORD — SENATE May 16, 2013 to political pressures. The IRS re- Government is and how the one indi- there, having been a Federal pros- sponses to these letters did not ac- vidual responsible for this $3.6 trillion ecutor, having been a State attorney knowledge any special treatment of entity can’t even keep tabs on all the general. That is power that should be conservative groups. activity. Perhaps this is exactly why used in a very careful way. You do not In November Mr. Miller became the we should be focused on policies that pick one part of the political spectrum Acting IRS Commissioner, and in this shrink the size of government so it can and target people when you are enter- capacity he testified before the Senate be more transparent and more accounting a phase of a prosecution or an Finance Committee regarding the issue able to citizens of this country. audit, as the IRS was doing. I think our of tax fraud and ID theft. He did not Chief Justice John Marshall, in the President, who is a lawyer, under- take that opportunity to make re- seminal opinion McCulloch v. Mary- stands that. President Obama has marks or to comment on the subject of land, wrote: ‘‘The power to tax is the called for the resignation of the top targeting conservative groups. Time power to destroy.’’ Those words still IRS official. That official has resigned. and time again high-level IRS officials ring true nearly 200 years later. That is the right thing to do. Such ac- deliberately avoided disclosing infor- This administration is using one of tion is inexcusable. No one disputes mation regarding the targeting of con- its greatest powers—the power to tax— that. More disciplinary action is like- servative groups. to destroy one of the people’s strongest ly. The FBI is investigating, and I hope The American people deserve to God-given rights, the right to free po- they do a full, thorough, and complete know that action will be taken to en- litical speech. This isn’t just an attack investigation. Of course, as I said be- sure the IRS will never participate in on certain conservative groups, it is an fore, the IRS should not be targeting this kind of partisanship again, and attack on all of our rights to assemble specific sides of the political spectrum. they deserve to know that leaders of and to express free political speech But in thinking about this, there is such agencies will be held accountable without the fear of repercussion from another failure, and we should talk for such breaches of trust. These ac- our government. President Obama has about that at the same time. The IRS tions undermine the confidence the a long way to go to restore public con- does not have clear rules for nonprofit American people have in the IRS to ob- fidence and to stop the growing credi- groups and political activity. We need jectively and transparently administer bility gap that so far has plagued his transparency about what is allowed our Nation’s tax laws. second term. and what is not allowed. Those rules These actions by the IRS are a con- I look forward to next Tuesday’s should be applied to all groups across tinuation of a troubling trend from the oversight hearing in the Finance Com- the board on all sides of the political self-proclaimed most transparent ad- mittee where I hope we can begin the spectrum. Front groups for huge ministration in history. All of these in- process of reining in a government amounts of campaign money are con- cidents are beginning to add up to a agency that has run amuck. tinually allowed to file false state- growing credibility gap between this Mr. President, I yield the floor. ments with the IRS and get away with administration under President Obama The PRESIDING OFFICER. The Sen- it. Over and over again, they do this. and the high standard of public service ator from Rhode Island. This is wrong whether the group is lib- the American people deserve. Mr. REED. Mr. President, I suggest eral or conservative, Democratic or Re- Now, thanks to ObamaCare, the IRS the absence of a quorum. publican. This is wrong across the will be administering parts of the The PRESIDING OFFICER. The board. health care law. The IRS’s power will clerk will call the roll. How does this happen? We know that grow as they become responsible for de- The legislative clerk proceeded to lots of secretive groups want to funnel termining whether Americans have call the roll. cash to influence elections, to get their satisfied the government mandate to Mr. UDALL of New Mexico. Mr. candidates elected. But campaign fi- have health insurance and whether the President, I ask unanimous consent nance rules are supposed to have trans- government will pay for part of that that the order for the quorum call be parency. How do these groups, left or coverage through refundable tax cred- rescinded. right, keep their money secret? They its. The PRESIDING OFFICER. Without hide behind an organization that is As noted by the National Taxpayer objection, it is so ordered. listed with the IRS called a 501(c)(4). Advocate Nina Olson, ObamaCare is IRS RULES They ask for permission under the IRS ‘‘the most extensive social benefit pro- Mr. UDALL of New Mexico. Mr. to be a 501(c)(4) status organization. gram the IRS has been asked to imple- President, I have been watching today That is a tax-exempt, nonprofit cor- ment in recent history.’’ as various speakers have come to the poration regulated by the IRS. As I previously mentioned, this isn’t floor. I want to join in the outrage These groups have one big hurdle to the only ObamaCare-related scandal about what has happened at the IRS, jump through. The 501(c)(4) has to be that has come to light this week. Over the idea that the IRS would pick spe- set up ‘‘for the promotion of social wel- the weekend the Washington Post re- cific groups and target them. In this fare.’’ In fact, the law says it must be ported that Secretary of Health and case, apparently they used the name exclusively—the law Congress wrote Human Services Kathleen Sebelius has ‘‘patriot’’ and they searched through says it must be exclusively for social been soliciting donations from health incoming applications for 501(c)(4)s— welfare. That is the law Congress care executives to fund left-leaning or- and the term ‘‘tea party’’—and they wrote. It seems pretty clear, doesn’t it? ganizations that are trying to work were obviously focusing on one side of It seems as though Congress was say- hand-in-hand with HHS to enroll indi- the political spectrum. They should ing what it intended. But the IRS mud- viduals in ObamaCare exchanges. not have done that. died the water by deciding ‘‘exclu- If these reports are accurate, the ac- There is no doubt that the people sively’’ actually means ‘‘primarily.’’ tions taken by the Secretary represent who are writing me, that people in ‘‘Primarily engaged in social welfare a very serious conflict of interest. America have watched this and feel a activity’’ means at least 51 percent of Companies and organizations should sense of outrage. They should be out- the time—not 100 percent of the time, never be pressured for money because raged. They are outraged, and I am 51 percent of the time. This is baffling, it sends the message that contributions outraged. and it is completely misguided. are necessary to secure favorable regu- One of the things we have to under- To make it more confusing, the IRS latory decisions, creating a pay-to-play stand as a result of this is that the IRS regulations state that ‘‘the promotion environment. has tremendous power. It has the power of social welfare does not include di- Earlier this week David Axelrod, a to audit. It has the power to request in- rect or indirect participation, or inter- former senior adviser to President formation. It has the power to refer for vention, in political campaigns on be- Obama, said it isn’t possible for the criminal conduct. I think in many half or in opposition to any candidate President to be aware of all these prob- cases the IRS is probably more feared for public office.’’ To establish a lems in government because govern- than the prosecutor’s offices, which 501(c)(4) corporation, the organizers ment is simply too big. It is mind-blow- also have tremendous power. As many must file a form with the IRS pledging ing to consider how large the Federal know, I have had some real experience that they do not plan to spend money

VerDate Mar 15 2010 00:10 May 17, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.017 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 16, 2013 CONGRESSIONAL RECORD — SENATE S3547 to influence elections. It appears that cants for tax-exempt status, every sin- son was an undergraduate in mechan- many of these groups have lied on their gle one. If you are a charity or true so- ical engineering at MIT and graduated applications for nonprofit status. It cial welfare organization, you should a few years ago. also appears that they are allowed to not pay taxes. There is no need to pub- I remember holding a field hearing at get away with it. That is corrupt, and licize your donors. But if you are look- MIT—gosh, about a half dozen or so it is also a crime—and nothing appears ing to influence Americans’ votes and years ago—and Dr. Moniz was one of to be done about it. That is a scandal how Americans vote, the voters should our witnesses. Among the things I right there. As the IRS stands by, these know who you are. There must be dis- liked about him is that he was so ap- groups, whatever their political affili- closure at the very least. proachable. We have all heard the term ation, mock Federal tax laws. We have to change the way we do ‘‘good guy.’’ He is a really good guy. The Center for Responsive Politics business. The failure of IRS bureau- Sometimes we think of somebody as noted that in the 2012 election, 501(c)(4) crats—billionaires writing political a professor in an ivy tower and kind of groups spent $254 million to support or checks but hiding in the shadows and out of touch, unable to communicate oppose candidates. Why would someone avoiding taxes—this has to change. The and connect with people. He could not donate to a 501(c)(4) instead of giving time has come to change this. be more different from that caricature. money to the parties or to the cam- I yield the floor. I suggest the ab- He is a real person, not to mention a paigns of candidates they support? sence of a quorum. very smart person. As a professor, he is Simple—to avoid disclosure. If some- The PRESIDING OFFICER. The able to explain complex concepts of nu- one gives $1,000 to a political campaign, clerk will call the roll. clear energy and clean coal so that The assistant legislative clerk pro- that is required to be reported and the even I can understand what he is say- ceeded to call the roll. donor is known. It is out there. It is in ing. Mr. CARPER. Mr. President, I ask He has a wonderful sense of humor. If the public. But if someone gives $1,000 unanimous consent that the quorum you happen to be a young person or an to a 501(c)(4) that is improperly engag- call be vitiated. ing in political activity, the public re- The PRESIDING OFFICER. Without older person, Democratic or Repub- mains in the dark. So if someone gives objection, it is so ordered. lican, he just works so well with every- $1,000 to a 501(c)(4), nobody knows Mr. CARPER. Mr. President, I am body. He is smart as a whip. He has a about it, but it can go out under these honored and privileged to stand here great way about him. He is approach- rules and engage in political activity. today and to say good words on behalf able and has a very can-do attitude. I This secret money is a bipartisan of Ernest Jay Moniz, also known as Dr. think the President made a great outrage. They are seeking to influence Moniz and Ernie Moniz. He is one of my choice. elections, not promote social welfare. favorite people from the world of aca- I say to Ernie and his family, I appre- This has to change. I have long argued demia. I have in my hand a bio of him ciate his willingness to serve in a lot of that it must change. Since 2010 many that I will read out loud. It is not very capacities and his willingness now to of us have come to this floor calling for long, and it is worth listening to. serve in this capacity. Hopefully, it vitally needed reforms, demanding that Dr. Ernest J. Moniz is the Cecil and will be good for him, his life, and his we change the way we do business. I be- Ida Green professor of physics and en- family. I think it certainly is going to lieve that requires a constitutional gineering systems at MIT. His research be good for our country, so we appre- amendment overturning the disastrous at MIT, where he has served on the fac- ciate that. Buckley and Citizens United decisions ulty since 1973, has focused on energy I say to my colleagues who have not by the Supreme Court, restoring to technology and policy. had a chance to get to know him, I Congress and the States the authority Dr. Moniz also serves as the director think everyone is going to like him a to regulate elections. of MIT’s Energy Initiative and the MIT lot and enjoy working with him. I We have also pushed for the DIS- Laboratory for Energy and the Envi- know I certainly have. CLOSE Act. That legislation would ronment. I also wish to discuss something I have taken the IRS out of the business From 1997 until 2001, Dr. Moniz touched on earlier this week. I stood of investigating these groups—a job it served as Under Secretary of the De- here just this week talking about the is failing to do anyway. It would have partment of Energy. Prior to that Swiss cheese we have in the executive required open reporting with the Fed- time, he served as Associate Director branch of our Federal Government. eral Election Commission. The DIS- for Science in the Office of Science and There are too many positions that CLOSE Act doesn’t ban any group, but Technology Policy in the Executive Of- don’t have someone confirmed for it does say the American people have a fice of the President from 1995 until those positions. right to know who is trying to influ- 1997. In some cases, the administration ence their vote, who is paying for all In addition to his work at MIT and has been derelict in terms of sending us those ads on television. the Department of Energy, Dr. Moniz nominations because they spend for- There is a saying in Washington from has served on any number of boards ever vetting nominations because they the Watergate era: ‘‘Follow the and commissions, including the Presi- don’t want to send someone to us who money.’’ That is what I am trying to dent’s Council of Advisers on Science has a flaw or a blemish. As a result, I do. Where does the money come from and Technology from 2009 until today, think they spend entirely too much and where is the money going? Not a the Department of Defense Threat Re- time vetting nominees. In some cases, single Republican voted for the DIS- duction Advisory Committee from 2010 even when a nominee’s name gets here, CLOSE Act—not one. In fact, they fili- until today, and on the Blue Ribbon even if they are really good and well bustered it, blocked it from an up-or- Commission on America’s Nuclear Fu- qualified, we delay those nominations down vote. ture from 2010 to 2012. further. Whether it is a Democratic or Partisan bias and abuse by the IRS Dr. Moniz is a fellow of the American Republican President, we put the nomi- cannot be tolerated. President Obama Association for the Advancement of nees through—not torture but some- is not tolerating it. But Americans are Science, the Humboldt Foundation, thing pretty close to it. also fed up with the deception by shad- and the American Physical Society. In We need good people to be willing to owy groups that continue to drown our 1998 he received the Seymour Cray serve. When they step up and are will- elections in anonymous cash. The fact HPCC Recognition Award for vision ing to serve, we need to process and vet that these secret political money and leadership in advancing scientific those nominations. We need to scrub groups also serve as tax breaks for ex- simulation. them hard, but at the end of the day we tremely wealthy people adds insult to Dr. Moniz received a bachelor of need to move them forward. injury. science degree summa cum laude in In the Environment and Public We need clear rules from the IRS. Ex- physics from Boston College and a doc- Works Committee, we took a small but clusive means exclusive, in my book. torate in theoretical physics from important step with the President’s When the Congress says ‘‘exclusive,’’ it Stanford University. nominee Regina McCarthy to be the means exclusive, and we need to en- I have been privileged to know this Administrator for the Environment force those rules equally on all appli- man for a number of years. Our oldest Protection Agency. She is enormously

VerDate Mar 15 2010 00:10 May 17, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.019 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3548 CONGRESSIONAL RECORD — SENATE May 16, 2013 well qualified. She has already been ons-grade plutonium to make 17,000 The reason we put a hold on the confirmed by the Senate for the air warheads. nominee for Secretary of Energy is to pollution side for the EPA and has In 2000 there was an agreement be- get everybody’s attention. I have been done a very nice job. tween the United States and Russia: talking with Dennis McDonough, and I Although she has been nominated by They would dispose of 34 metric tons have been talking with the administra- a Democratic President, in the past she and we would dispose of 34 metric tons. tion. We hope we can resolve this, but served with five Republican Governors. And we have been studying how to do we are here to speak for Georgia and She is smart, hard-working, she has that. South Carolina. great credentials, and she is approach- In 2010 the Federal Government—and We have a deal with the Federal Gov- able. She is somebody who is able to the Obama administration—in the ernment. We agreed to take this 34 understand and explain things. She will agreement with the Russians to move metric tons of weapons-grade pluto- do a great job. forward, said we would MOX the 34 nium years ago with the understanding We have had a hard time being able metric tons of weapons-grade pluto- that it would leave South Carolina and to move her nomination out of the En- nium. We were to turn it into mixed not affect the environment of South vironment and Public Works Com- oxide fuel to be used in commercial re- Carolina and Georgia in a permanent mittee. Today we were joined by our actors, which was a technology de- way. Republican colleagues. Unfortunately, ployed in France, and that was the way We are very DOE-friendly in South none of them voted to report her nomi- forward. Carolina and Georgia. The Savannah nation out of committee. We have re- To the administration’s credit, we River site is right on the border. There ported her out on a straight party-line are finally moving forward. Senator are almost as many people from Geor- vote. ISAKSON, Senator CHAMBLISS, and I gia working at the site as there are My hope is that we will have an op- went to the facility a couple of years from South Carolina. My colleagues portunity to do what we did a number ago and finally saw it moving forward. from Georgia have been absolutely ter- of years ago—about 7 or 8 years ago. It is about 60 percent built. Now, in the rific. Mike Leavitt, the former Governor of budget proposal of the President, they At the end of the day we are going to Utah, was nominated to be the head of stopped construction to study an alter- be insistent that the Federal Govern- ment keep its commitment to the EPA. There was some delay in his nom- native. There is no other alternative. If States of South Carolina and Georgia ination. they try to turn it into vitrified glass We actually had a big markup and material, that will take more money and to the Russians. We are going to make sure we dispose of this weapons- business meeting scheduled to consider and more time than doing MOX, and it grade plutonium, and we are going to his nomination, and the Democrats has not been proven to work the way it be more cost-conscious about it. is set up today. boycotted that meeting. We waited a We are going to let Ernie Moniz be- At the end of the day, the problems couple of weeks. At a followup meet- come Secretary of Energy in 40 min- we should be focusing on are the cost ing, the Democrats showed up, and we utes. I will vote for him, but I will con- overruns of the MOX Program. It is reported him out with Democratic sup- tinue to slow down the process and about $2 billion over cost. I would join port. Later, we voted for his nomina- make life incredibly miserable if we with the administration to sit down tion. It was a big bipartisan vote. I cannot find an accommodation that I with a contractor and try to recoup think there were 70 or 80 votes in favor think is fair. My State and the State of of his nomination. that $2 billion to find a way forward Georgia have been good partners with My hope is that is what we will do and make it affordable. the Federal Government and the De- There are statutes in place that re- with Gina McCarthy. She deserves a partment of Energy on energy issues. vote, and from my perspective she de- quire a $100 million fine to be paid to Several years ago, when I first be- serves a positive, affirmative vote. the State of South Carolina if we don’t came a Senator—I think it was in 2002 We have Ernie Moniz coming our way meet our disposition goals. Last year or 2003—we agreed to leave some waste later this afternoon in about 40 min- we extended that statute by 2 years be- in the bottom of about 50 tanks that utes. I hope my colleagues will join me cause we don’t want the fine money, we contained high-level waste material and give him a big vote so we can send want the MOX Program. It is good for from the Cold War era from reactors at him to work for our country one more the country, and it is good for the the Savannah River site used to make time. world. tritium to help fuel hydrogen bombs. With that, I yield the floor. Now that we have stopped the study, By leaving a small amount in the bot- The PRESIDING OFFICER. The Sen- our fear is that we are stopping and tom of the tank—the heel—and filling ator from South Carolina. studying an alternative that doesn’t it with concrete, we were able to save Mr. GRAHAM. Mr. President, I ask exist, and it cannot be cheaper than $2 $16 billion in cleanup costs. Instead of unanimous consent to engage in a col- billion. There is no other way to do it. scrapping it all out and sending it to loquy with my colleagues from Geor- We have been studying this for about 15 Yucca Mountain, which never came gia. years, and we will be breaking the about, we were able to leave a small The PRESIDING OFFICER. Without agreement with the Russians. Other amount that would not hurt the envi- objection, it is so ordered. than that, we don’t have a problem ronment of South Carolina and Geor- Mr. GRAHAM. This is about Dr. with what they are doing. gia. Ernie Moniz’s appointment to be Sec- What we want to do is sit down with Now, in this budget they are reducing retary of Energy. I put a hold on Dr. the contractor and the administration the tank closure by $106 million. We Moniz. It has nothing to do with him. and lower the costs of the program but cannot do it that way. They cannot get He is a wonderful fellow. He is an MIT keep it moving forward. This adminis- us to help save money for the Federal professor. He has been amply associ- tration has talked consistently about Government and take on a reasonable ated with the Department of Energy, reducing nuclear proliferation and risk—not much of a risk at all—and including the MOX Program. All of us making the world safer from the use of then short us. Whether it is a Repub- in Georgia and South Carolina look nuclear materials. This is a program lican or Democratic administration, forward to working with him. that started in the Clinton administra- people are going to stop dealing with What we are upset about is the tion—then Bush, and now Obama—that the Federal Government when it comes Obama administration’s decision to really would accomplish that. to nuclear materials if this is the way temporarily stop construction on the Thirty-four metric tons of weapons- we are going to do business. MOX facility. It is about 60 percent grade plutonium—enough to make The people in Georgia and South complete. 17,000 warheads—would be taken off the Carolina have been very accommo- What is MOX? It is a program to take market forever. In this way, a sword dating. We appreciate the Savannah 34 metric tons of weapons-grade pluto- becomes a plowshare by making com- River site. It is a wonderful DOE facil- nium in excess of our defense needs and mercial-grade fuel out of it. It is a good ity. We are proud of it, and we are dispose of it by turning it into com- program, and we need to complete the proud of the employees. But we are not mercial-grade fuel. It is enough weap- program. going to be taken advantage of.

VerDate Mar 15 2010 00:10 May 17, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.021 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 16, 2013 CONGRESSIONAL RECORD — SENATE S3549 We are asking for the administration BLISS and, in effect, join Sam Nunn, Mr. CHAMBLISS. Mr. President, as to sit down with us and others who who is a former Senator from Georgia did my colleague from Georgia Senator care about this to find a way to lower who, with Dick Lugar, brought about ISAKSON, I wish to thank Senator GRA- the cost of the MOX construction but the Nuclear Threat Initiative program HAM for his leadership on this issue. He continue forward with the construction which brought about the treaty of 2000 is right. We have been to the facility a so we can get the MOX facility up and which calls for the reduction by 68 met- number of times to examine what is running. We need to honor our commit- ric tons of nuclear materials. going on there. There is great work ment to the Russians and get this I would answer the question of the being done by highly trained, highly weapons-grade plutonium off the mar- Senator from South Carolina with an- educated individuals to deal with one ket. other question: Where else in the of the most sensitive products we have Count us in in terms of lowering United States of America are there two in this country. costs; count us out when it comes to States willing to accept plutonium, re- The Senator is exactly right that stopping the program in the middle and process it into fuel rod for commercial there are significant consequences trying to find an alternative that use, and do it safely and have dealt from an international standpoint if the doesn’t exist. with nuclear materials for over 50 numbers in the President’s budget are As to the tanks, the Federal Govern- years? That is Georgia and South Caro- allowed to stand. That is why we have ment is going to honor its commitment lina. had conversations with a number of in- to the people of South Carolina and The idea that we can fund a study to dividuals currently at the Department Georgia to get these tanks closed up on look for an alternative is laughable. of Energy and why we had a conversa- time and on schedule. We have, again, That is just merely a smokescreen for tion with Dr. Moniz in preparation for saved $16 billion over the life of the the current administration’s position. his confirmation by this body. Those close-up plan for the tanks just by The Senator is exactly right. Senator discussions have led to the fact that, as being reasonable. CHAMBLISS and myself, along with Sen- the Senator from Georgia says, we are When it comes to MOX, there were ator SCOTT and Senator GRAHAM, are willing—and we have their agreement three facilities planned to take the happy to sit down with the administra- that they are willing—to sit down with weapons-grade plutonium and turn it tion, look at the cost overrun on the a contractor to talk about the money. into a commercial-grade fuel. We were MOX facility, and find ways to find That is the real issue because we are able to consolidate two of the facilities savings. But the dumbest economic de- talking about a budget item and into one and save $2 billion. I am all for cision in the world would be to stop the whether we can afford to do this. If we saving money, but I am also all for process when we are half finished be- don’t involve the contractor, then obvi- keeping one’s word. cause then we have wasted every dime ously we can’t get that number down To our friends in the administration, that has already been spent, and we to a manageable number. we will work with you when we can, have to spend more money on an alter- So, again, with the leadership of the fight you when we must, but when it native that does not exist. Senator from South Carolina, we look comes to this, I hope there will be a lot So I wish to add my support to the forward to working with Dr. Moniz and of bipartisanship for the delegations of remarks of Senator GRAHAM and my others with respect to sitting down South Carolina and Georgia to make State’s support to reprocess this weap- with the contractor and coming to sure we honor the commitment entered ons-grade plutonium into reprocessed some resolution of the ultimate budget into between the Federal Government materials that fuel powerplants and number that is going to be needed. and the State of South Carolina that commercial opportunities. That is a With respect to Russia, the President will affect our friends in Georgia and good use. It is a good way to get rid of met with President Medvedev in 2010, keep this program moving. We are not this nuclear material, and it is also a and the two of them, in a press con- asking for too much. As a matter of good way to keep it out of the hands of ference, talked about the MOX facility fact, we are insisting on the Federal the terrorists. If we don’t destroy it and the agreement on MOX. Here we Government holding up its end of the and it lays around in Russia or any- are 3 years later with this President bargain because we have held up our where else, it is always suspected of submitting a budget number that, in end of the bargain. being stolen or used in a way that none fact, in effect starves this program and To our friends in the administration, of us would ever want. would have the obvious intended result let’s see if we can solve this problem. I thank the Senator for his leader- of eliminating this program, thus To my colleagues in this body, I hope ship. breaking his word with President I would have the good judgment and Mr. GRAHAM. I can’t thank Senator Medvedev in 2010 as well as breaking common sense to support the Members ISAKSON enough. Senator SCOTT has the U.S. agreement with Russia. That if anyone found themselves in this po- been with us at every step. But I want has the potential to have very serious sition of trying to do something good to let everybody in Georgia know that consequences on the international for the Nation and have it get off the when it comes to the Savannah River stage. rail. I hope I would be willing to help site, we have worked as a team for Also, abandoning the project would the other side when it comes to some- years, and I just can’t thank the Sen- have severe economic impact to both thing such as this. ator enough. the State of Georgia and the State of It is very difficult to deal with these Senator CHAMBLISS is one of the lead- South Carolina because of the individ- high-level waste issues, particularly ing national security experts in the uals who have been working there for weapons-grade plutonium. When we Senate, and he has been intimately in- now, as Senator ISAKSON said, 50 years. find somebody who is willing to be rea- volved in the MOX program. My ques- It is also going to strand up to 64 sonable and helpful, the last thing that tion for Senator CHAMBLISS is, we have metric tons of weapons-grade pluto- should be done is to change the rules in an agreement with the Russians; they nium. Where else is it going to go? the middle of the game. will dispose of their 34 metric tons of There is no place else for it to go. With that, I will yield to Senator excess plutonium—enough to create There is no State jumping up and down ISAKSON to just quickly ask him, from 17,000 warheads in Russia—and we have saying: Please bring your uranium and his point of view, does he see this as a agreed to do the same. If we are seen to your plutonium to my State and we fundamental breach of the agreement stop and not honor our commitment, will deal with it. You can transport it we have had for years, and what effect what reaction does the Senator from to my State. In fact, the exact opposite does he think it will have on our non- Georgia think the Russians would is happening. proliferation agenda and how does it have, and is it smart to delay this pro- It was intended that we would proc- affect South Carolina and Georgia? gram in the times in which we live? ess this plutonium and it would ulti- Mr. ISAKSON. First of all, I wish to I worry about the materials being mately ship to Yucca Mountain, as thank the Senator from South Carolina compromised not so much in South Senator GRAHAM alluded to. Now the for his leadership on this important Carolina and Georgia but very much in State of Nevada is saying no. They are issue, and I am proud to join the senior Russia. Could the Senator express his throwing up their hands and saying: We Senator from Georgia SAXBY CHAM- thoughts about that? don’t want that processed material in

VerDate Mar 15 2010 00:10 May 17, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.022 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3550 CONGRESSIONAL RECORD — SENATE May 16, 2013 our State because it is hazardous after Senator GRAHAM has completed leagues to develop a fully offset, 2-year waste. his remarks. extension of the current student loan Well, what we are saying is, we are The PRESIDING OFFICER. Without interest rate. Instead of charging low- happy doing what we are doing because objection, it is so ordered. and moderate-income students more we have those trained, sophisticated Mr. GRAHAM. Just to conclude, I for their student loans, the Student professionals who know how to deal wish to thank both of my colleagues. Loan Affordability Act will keep rates with this hazardous material. They do They have been great partners on this where they are while closing loopholes an outstanding job of it. We have spent issue and many others. We have tried in the Federal Tax Code. We should billions of dollars constructing the fa- to be good partners with the Federal take up this legislation and pass it cilities to the point where they are 40 Government. We are proud of the Sa- without delay. percent away from being completed vannah River site and all that has been I know many of my colleagues, in- now. If we just accept the President’s accomplished over the last 50 years. cluding myself, are working on longer budget, then we will have wasted all of Now we are moving into a new phase of term solutions that more effectively that money and the construction phase trying to get rid of Cold War mate- reflect market rates—but my concern of the buildings that are there. Also, rials—34 metric tons of weapons-grade is, frankly, that we will run up against we are not going to have anywhere to plutonium here, and in Russia, 60 per- this July 1 deadline and we will not put this 64 metric tons of hazardous cent completion of the MOX program. have the long-term solution in place. material and weapons-grade pluto- As to the $2 billion overrun, that is We have to do something. That is why nium. not lost upon me as being a lot of I urge us to pick up this legislation as So this stands to have economic im- money. That is a lot of money. But quickly as possible. pacts to our part of the country. It what I am telling my fellow Members Our first priority must be to reassure stands to certainly create inter- of the body, and the country as a students and families that the interest national issues with the Russians if we whole, there is no way we can find an rate will not double from 3.4 percent to break our agreement with them. Also, alternative to MOX cheaper than that 6.8 percent on July 1. We have to do just as significantly, it leaves 64 metric $2 billion. It is just not possible. We that. Then we can work toward a tons of weapons-grade plutonium out- have been studying this forever, and in longer term solution. We also owe it to standing, with nowhere to go, nowhere the agreement itself with the Russians, them to commit to a full and thought- it specifically says MOX, and it pro- to store it. ful process for devising this longer The MOX project was designed to hibits us as a nation from burying the term solution, to develop an approach deal with a very sophisticated issue plutonium. that will set interest rates and terms So this is the way forward. I promise years and years and years ago, and it and conditions on all student loans the Members of the body and the adjust makes no sense whatsoever to stop that will be more reflective of market ministration we will lower the cost in the middle of it now and say, well, rates, but also more beneficial to stu- overruns, I promise. This is a com- dents and their families who are bor- we just don’t have the money to take plicated scientific endeavor, but we rowing this money. care of something that is as hazardous will lower the cost overruns. Senator DURBIN and I have put for- and potentially as life-threatening as What we will not do is stop the pro- ward a long-term proposal that would what this weapons-grade plutonium is. gram when it is 60 percent complete set student loan interest rates based on We do need to spend our money wise- and study an alternative that has no the actual cost of operating the pro- ly. We have to be careful. But there are possibility of coming about scientif- gram so the Federal Government would agreements we need to honor. There ically and could never lower costs and not be offering student loans at a prof- are certain aspects of governing that interrupt the disposition of this weap- it. need to be done and need to be done in ons-grade plutonium and breach the There are other long-term proposals the right way, and this is simply one of agreement with the Russians. We will on the table. Some of them, such as the those. not be a party to that. We will keep one reported out of the Education and So with the continued leadership of talking. Senator GRAHAM and Senator ISAKSON As to Mr. Moniz, he will be an out- the Workforce Committee in the House and Senator SCOTT, I look forward to standing Secretary of Energy. We look today, could actually leave students us sitting down with Dr. Moniz once he forward to working with him. worse off than they would be if the is confirmed—and we are all going to I appreciate my colleagues coming rates were to double. We need to take vote to confirm him today—because he down and joining me in this colloquy the time to fully consider comprehen- has so much knowledge about this. and putting everything on the record sive solutions to our student loan debt One thing we failed to mention is the about the Savannah River site and crisis—solutions that will make college fact that he is the guy who negotiated MOX. more affordable, not less so. Rather the agreement. He is the guy the Presi- With that, I yield the floor to Sen- than rushing to overhaul the Federal dent is saying, well, we know you went ator REED. student loan program without fully through some very difficult times in The PRESIDING OFFICER. The Sen- considering the impact on students and negotiating this with the Russians, but ator from Rhode Island. college affordability, the Student Loan the heck with your agreement, the Mr. REED. Mr. President, before I Affordability Act will secure low inter- heck with all the work you did. Thank begin my remarks, I ask unanimous est rates until Congress can act on the goodness his attitude is that he wants consent that at the conclusion of my reauthorization of the Higher Edu- to work with us. remarks, Senator CHAMBLISS be recog- cation Act. Without swift congres- We want to find a way forward. We nized for up to 10 minutes to speak as sional action, more than 7 million stu- look forward to his confirmation being in morning business. dents will have to pay an estimated ad- completed, to sitting down with us and The PRESIDING OFFICER. Without ditional $1,000 for each loan. These are the contractor, and let’s figure out a objection, it is so ordered. the students who need the help the way we can make this project the con- STUDENT LOANS most. tinued success it has been thus far, as Mr. REED. Mr. President, July 1 is Sixty percent of dependent subsidized well as moving forward. less than 7 weeks away, and unless we loan borrowers come from families With that, I yield to Senator GRA- act the interest rate on need-based stu- with incomes of less than $60,000, while HAM. dent loans will rise from 3.4 percent to 80 percent of independent subsidized Mr. GRAHAM. I thank Senator 6.8 percent. loan borrowers come from families CHAMBLISS. Student loan debt is second only to with incomes below $40,000. I believe Senator REED wishes to be mortgage debt for American families. Unlike Republican proposals that recognized for a request. Now is not the time to add to student would balance the budget on the backs The PRESIDING OFFICER. The Sen- loan debt by allowing the interest rate of students by charging them higher ator from Rhode Island. on need-based student loans to double. interest rates or make students vulner- Mr. REED. I ask unanimous consent I have worked with Chairman HAR- able to exorbitant interest rates in the to be recognized in morning business KIN, Leader REID, and many of my col- future, this legislation which we are

VerDate Mar 15 2010 00:10 May 17, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.024 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 16, 2013 CONGRESSIONAL RECORD — SENATE S3551 proposing will help ensure that college ber of advisory positions, including as the Department of Energy and the De- remains within reach for students who a member of the President’s Council of partment of the Army which was cre- rely on Federal loans to pay for their Advisers on Science and Technology, ated to provide a mechanism for this education. This legislation is fully paid the Department of Defense Threat Re- collaboration. A charter was signed be- for. duction Advisory Committee, and the tween these two agencies in July 2011 Specifically, the pay-fors would be Blue Ribbon Commission on America’s establishing the mission of the AVPTA limiting the use of tax-deferred retire- Nuclear Future. to ‘‘leverage resources and research in- ment accounts as a complicated estate The Committee on Armed Services, volving the commercial automotive planning tool, closing a corporate off- which I chair, has jurisdiction over and defense ground vehicle manufac- shore tax loophole by restricting both the Department of Energy’s Na- turers to transition technologies into ‘‘earnings stripping’’ by expatriated en- tional Nuclear Security Administra- both the commercial and military mar- tities, and closing an oil-and-gas indus- tion, NNSA, and Department’s Envi- ketplaces and increase precompetitive try tax loophole by treating oil from ronmental Management Program. The research and development.’’ tar sands the same as other petroleum NNSA is responsible for the manage- Dr. Moniz is familiar with and sup- products. ment and security of the Nation’s nu- portive of these programs, and I look We should not be collecting addi- clear weapons, nuclear nonprolifera- forward to his Senate confirmation as tional revenue from students when we tion, and naval reactor programs. The Secretary of Energy. The Department can eliminate wasteful spending in the Environmental Management Program of Energy has been effectively led by Tax Code, and we should not allow— is responsible for cleanup of the envi- Dr. Steven Chu. Dr. Moniz will carry not allow—the interest rate to double ronmental legacy from the Nation’s on that good work. on July 1. nuclear weapons development and gov- I yield the floor and suggest the ab- I hope all my colleagues will support, ernment-sponsored nuclear energy re- sence of a quorum. as the first step, the 2-year extension search. Combined, these programs rep- The PRESIDING OFFICER. The until we can truly come up with a resent more than $16.7 billion of the clerk will call the roll. thoughtful, comprehensive approach to Department of Energy’s $26.3 billion The assistant legislative clerk pro- long-term student lending in the budget, or more than 63 percent. ceeded to call the roll. United States. I recently had the opportunity to Mr. WYDEN. Mr. President, I ask The PRESIDING OFFICER. The Sen- meet with Dr. Moniz and to highlight unanimous consent that the order for ator from Georgia. several issues of importance to the the quorum call be rescinded. MILLER RESIGNATION State of Michigan and to the Nation. I The PRESIDING OFFICER. Without Mr. CHAMBLISS. Mr. President, I look forward to working with Dr. objection, it is so ordered. rise to speak about the resignation of Moniz on these issues. Mr. WYDEN. Mr. President, I believe Acting IRS Commissioner Steven Mil- Among these issues is the Facility we have run out of those in the Senate ler. for Rare Isotope Beams, FRIB, which who wish to speak. I would just like to The request by President Obama and will be the world’s most powerful rare state again that this is a nominee who Mr. Miller’s resignation is too little isotope accelerator and provide cut- is supported by both Senator MUR- too late. This is just another example ting-edge research capabilities to study KOWSKI and myself. This is a nominee of the President continuing to search questions about the fundamental na- who got an overwhelming bipartisan for a scapegoat for his own administra- ture of matter. Applications of re- vote in the Senate Energy and Natural tion’s misdeeds. search discoveries from FRIB will as- Resources Committee. The American people deserve trust, sist development of new technologies As I said earlier, I think he is an in- and this egregious abuse of power dem- in the fields of biomedicine, environ- dividual who is smart about energy onstrates the worst fears of the Amer- mental science, and national defense. policy, he is savvy about how the De- ican people that they cannot trust Michigan State University, MSU, was partment of Energy operates and he is their government. selected in 2008 after an extensive com- a solution-oriented person and Demo- It has been 2 years since these inci- petitive process, and the FRIB project crats and Republicans in the Senate dents were first reported, and while plans and schedules have been through Energy and Natural Resources Com- Members of Congress were led to be- rigorous Federal review. As home of mittee saw that in the confirmation lieve no malfeasance occurred, the de- the National Science Foundation’s Na- process. tails of the IG report were more shock- tional Superconducting Cyclotron Lab- There are huge challenges ahead of ing than we could have realized, as oratory, MSU has solid and well-known him at the Department of Energy, but many conservative groups were not expertise in the field of rare isotopes I think he is very qualified for this po- only targeted for additional reviews and nuclear physics, with the largest sition. I would urge all Senators— but were harassed as well. Moreover, in nuclear physics faculty in the Nation Democrats and Republicans—to sup- some cases, information was purpose- and a nuclear physics graduate pro- port the nominee. fully leaked by the Internal Revenue gram that ranks No. 1 in the United I yield back all remaining time on Service. States. MSU already produces 10 per- both sides. These actions are unacceptable, and cent of the Nation’s Ph.D.s in nuclear The PRESIDING OFFICER. Is there while President Obama’s reactions physics. In addition to expanding our objection? seem to be sincere, he has not yet dem- knowledge of physics and the life Without objection, it is so ordered. onstrated to the American people that science, successful completion of FRIB The question is, Will the Senate ad- all of those responsible will be brought also will enhance the education of nu- vise and consent to the nomination of to justice. Above all, we have to make clear scientists and engineers needed to Ernest J. Moniz, of Massachusetts, to sure this never happens again. maintain U.S. competitiveness. be Secretary of Energy? Mr. LEVIN. Mr. President, I am Another important issue to the State Mrs. BOXER. Mr. President, I ask for pleased to support President Obama’s of Michigan and the Nation is collabo- the yeas and nays. nomination of Dr. Ernest J. Moniz to ration between Federal agencies, the The PRESIDING OFFICER. Is there a be the next Secretary of Energy. Dr. private sector, and academia on the de- sufficient second? Moniz has a solid and extensive back- velopment and transition of advanced There appears to be a sufficient sec- ground in the energy field and I believe ground vehicle and energy tech- ond. will bring a balanced and practical per- nologies. Collaboration in these areas The clerk will call the roll. spective to our Nation’s energy policy. is critical to leverage and maximize The assistant legislative clerk called Dr. Moniz has significant familiarity the value of the work being done in the the roll. with the Department of Energy and its Federal Government, in the private Mr. CORNYN. The following Senators issues, having served as Under Sec- sector, and at our academic institu- are necessarily absent: the Senator retary during the second Clinton ad- tions around the country. The Ad- from Missouri (Mr. BLUNT), the Senator ministration. During the Obama advanced Vehicle Power Technology Alli- from Oklahoma (Mr. COBURN), and the ministration, he has served in a num- ance, AVPTA, is a partnership between Senator from Kansas (Mr. MORAN).

VerDate Mar 15 2010 02:44 May 17, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.026 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3552 CONGRESSIONAL RECORD — SENATE May 16, 2013 The PRESIDING OFFICER (Ms. to work, tackling our long-term debt those days—54 days ago—to go through HEITKAMP). Are there any other Sen- and deficit challenges, and laying a over 100 amendments and defeat those ators in the Chamber desiring to vote? strong foundation for the middle class amendments time and time again; to The result was announced—yeas 97, in the future. It seems that some of our go to conference—not behind closed nays 0, as follows: Republican colleagues in the Senate doors, I would add. A conference com- [Rollcall Vote No. 127 Ex.] and House would rather wait now until mittee is a committee that is out in YEAS—97 the next crisis and see if they can ex- the public. What is happening right now is Alexander Gillibrand Murphy tract political concessions with the Ayotte Graham Murray clock ticking—or maybe they don’t closed-door agreements. What we are Baldwin Grassley Nelson want to air the details of the unpopular asking for is an open process where we Barrasso Hagan Paul House budget. are allowed to take the Senate-passed Baucus Harkin Portman Either way, there is no excuse for budget and the House-passed budget, go Begich Hatch Pryor Bennet Heinrich Reed putting the American people through to conference, and find out where we Blumenthal Heitkamp Reid another round of partisan brinkman- can agree so we can put this behind us. Boozman Heller Risch ship. We have already seen that that I object to the Senator’s request and Boxer Hirono Roberts Brown Hoeven hurts our economy, and it causes ask again for our unanimous consent Burr Inhofe Rockefeller Americans to question whether their request to move to budget conference, Rubio Cantwell Isakson government is working for them. as we do in regular order, which is Cardin Johanns Sanders Carper Johnson (SD) Schatz Yesterday the House Republicans what the Republicans have been de- Casey Johnson (WI) Schumer met to talk about what they are going manding for a very long time. Chambliss Kaine Scott to demand in exchange for not tanking The PRESIDING OFFICER. Objec- Coats King Sessions our economy. Apparently they are con- tion is heard. Cochran Kirk Shaheen Collins Klobuchar Shelby sidering a ‘‘laundry list,’’ including re- Does the Senator from Utah object? Coons Landrieu Stabenow pealing ObamaCare—which the House Mr. LEE. I object. Corker Lautenberg Tester will vote on, by the way, for the 37th The PRESIDING OFFICER. Objec- Cornyn Leahy Thune tion is heard. Cowan Lee time today—and restrictions on wom- Toomey The Senator from Alabama. Crapo Levin Udall (CO) en’s health choices. Cruz Manchin Udall (NM) House Republicans’ practice of Mr. SESSIONS. Madam President, we Donnelly McCain Vitter leveraging crises for their own gain have gone 4 years without a budget, Durbin McCaskill Warner and the Democratic Senate did act this Enzi McConnell died with the Boehner rule, and no Warren Feinstein Menendez amount of wishing is going to bring it year and passed a budget. The House Fischer Merkley Whitehouse has also passed a budget, and it is a Wicker back. House Republicans may think Flake Mikulski historic proposal. It balances in 10 Franken Murkowski Wyden brinkmanship helps them win political fights, but it does not help the Amer- years, it does not raise taxes, and it in- NOT VOTING—3 ican families and communities we are creases spending every year by as much Blunt Coburn Moran here to serve. as 3 percent. It is the right way to go The nomination was confirmed. I urge our Republican colleagues in for America, and it is the kind of budg- The PRESIDING OFFICER. Under the Senate to take a step toward a re- et we should be talking about. the previous order, the motion to responsible bipartisan budget agreement Chairman MURRAY has indicated we consider is considered made and laid and a step away from governing by cri- should go through regular order. But upon the table, and the President will sis. under regular order, what we should do be immediately notified of the Senate’s I ask unanimous consent that the is have the House budget at the desk action. Senate proceed to the consideration of right now. It is a responsible budget. Calendar No. 33, H. Con. Res. 25; that Under regular order, the House budget f the amendment which is at the desk, should be brought to the floor under LEGISLATIVE SESSION the text of S. Con. Res. 8, the budget section 305(b) of the Congressional Budget Act. Then we can have full de- The PRESIDING OFFICER. The Sen- resolution passed by the Senate, be in- bate on that budget with 50 hours and ate will resume legislative session. serted in lieu thereof; that H. Con. Res. 25, as amended, be agreed to, the mo- the ability to offer amendments. I f tion to reconsider be considered made think this is what we should be doing. MORNING BUSINESS and laid upon the table; that the Sen- Instead, our Democratic colleagues ate insist on its amendment, request a and Senator REID have offered consent Mrs. MURRAY. Madam President, I conference with the House on the dis- requests that short-circuit the regular ask unanimous consent that the Sen- agreeing votes of the two Houses, and order. Their request would automati- ate proceed to a period of morning the Chair be authorized to appoint con- cally bring the House budget off the business until 5 p.m., with Senators ferees on the part of the Senate, all calendar, replace it entirely with the permitted to speak for up to 10 minutes with no intervening action or debate. Senate’s own budget and assume it each. The PRESIDING OFFICER. Is there passes without a single minute of de- The PRESIDING OFFICER. Without an objection to the request? bate or without a single vote being objection, it is so ordered. The Senator from Utah. taken. That is not the regular order. f Mr. LEE. Madam President, reserv- Madam President, first, I ask unani- ing the right to object, we want to pro- mous consent that after my remarks UNANIMOUS CONSENT REQUEST— ceed with this as well. We want a budg- Senator INHOFE be recognized. S. CON. RES. 25 et. It has been 4 years and it has been The PRESIDING OFFICER. Is there Mrs. MURRAY. Madam President, I far too long. What we want to avoid is objection? am here today on the floor again to ask a deal negotiated behind closed doors, a Mrs. MURRAY. Madam President, I that Senate Republicans stop blocking backroom deal to raise the debt limit. object. I wish to respond to the Sen- the next step in regular order and I ask unanimous consent that the ator. allow us to move to a bipartisan budget Senator modify her request so that it Mr. SESSIONS. Madam President, I conference with the House of Rep- not be in order for the Senate to con- ask unanimous consent that the Sen- resentatives. We have waited long sider a conference report that includes ate now proceed to consideration of enough. In fact, we have now waited 54 reconciliation instructions to raise the Calendar No. 33, H. Con. Res. 25, the days, and it is time to get to work on debt limit. House-passed budget resolution for fis- a bipartisan budget agreement. The PRESIDING OFFICER. The Sen- cal year 2014. The Senate Democrats see no reason ator from Washington. The PRESIDING OFFICER. Is there for delay. We are very proud of our Mrs. MURRAY. Reserving the right objection? budget, which puts forward a strong, to object, the Senator’s request is ask- Mrs. MURRAY. Madam President, re- fair vision for getting Americans back ing to disregard what the Senate did on serving the right to object, what the

VerDate Mar 15 2010 00:10 May 17, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.010 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 16, 2013 CONGRESSIONAL RECORD — SENATE S3553 Senator is requesting us to do is to victed of three counts of first-degree Is there objection to the request of take up the House-passed budget. Re- murder and one count of involuntary the Senator from Connecticut? member, we have passed a Senate budg- manslaughter. That case is closed. The The Senator from Utah. et here. We had 50 hours of debate, over criminal justice system has done its Mr. LEE. Reserving the right to ob- 100 amendments were offered. We voted part, and the three life sentences with- ject, the kind of abuse, the kind of be- on all of them way into the wee hours, out the possibility of parole means trayal of trust described in the resolu- 5 or 6 o’clock in the morning, as every- that the interests there—the very im- tion proposed by my friend and my col- one here will rightly remember. He is portant public interests—will be served league from Connecticut is different in asking us to disregard all that action and he will never again harm women, kind from that described in my resolu- in the Senate, take up the House bill infants or anyone else through his tion. The kind of abuse involved in my and have 50 hours more of debate, un- version of medical practice, that dis- resolution involves the intentional limited amendments, sitting here for torted and unfortunate betrayal of taking, the first-degree premeditated weeks at a time again to go through all trust that he called a medical practice. murder of a human life. I think that the amendments. We need very much to focus on the deserves its own consideration, and on Madam President, that is a waste of kind of abuse of trust—unsanitary, that basis I object. taxpayer money and it is a waste of our abusive, unsafe medical practices— The PRESIDING OFFICER. Objec- time. We have done that work. It is across this country, no matter what tion is heard. kind of procedure is involved, and that The Senator from Connecticut. time to go to conference. Mr. BLUMENTHAL. If I may respond is the reason I think this resolution is Therefore, I object. to my friend’s remarks—and I cer- The PRESIDING OFFICER. Objec- too narrow in its focus on violations of tainly not only sympathize with his the standard of medical care when they tion is heard. motivation but also with the result—I The Senator from Oklahoma. occur in medical practice, which most just think it is too narrow a result—to Mr. INHOFE. Madam President, it is certainly was involved in the Gosnell investigate one form of medical prac- my understanding that a colloquy is in case and involved, unfortunately, in tice, no matter how egregious the vio- order between Senator BLUMENTHAL thousands of cases across the country lation of standard of care may be. In and Senator LEE, but I ask unanimous every year. this instance, it involved murder. We As Senators, we have a responsibility consent that at the conclusion of that can say it now, no longer with the word to focus on that betrayal of trust and I be recognized and that following my ‘‘alleged’’ before murder, as we did last care when it occurs. That is the reason remarks the Senator from Texas, Mr. week. It is now proven. It is heinous I have offered a resolution—S. Res. CORNYN, be recognized. and unacceptable. But so are the prac- The PRESIDING OFFICER. Is there 134—to express the sense of the Senate tices that involve exposing patients to objection? that all incidents of abusive, unsani- very severe illnesses; and, likewise, the The Senator from Virginia. tary, illegal, unhealthful medical prac- nursing home director in California Mr. WARNER. Reserving the right to tices should be condemned and pre- who inappropriately administered an object, I believe I was listed in the vented, and the perpetrators should be antipsychotic medicine to residents queue a bit earlier than that, but I prosecuted to the fullest extent of the simply for convenience and which re- only have a 3- or 4-minute statement. I law, as Gosnell was. sulted in the death of one patient. There are, unfortunately, many in- do not mind trading off, but I, similar Those kinds of practices may be equal- to others, was told the time was right stances already publicly disclosed of ly egregious in the results and impact after the vote that I would be recog- these abuses of standards, and one of they cause, and my resolution would be nized. them, for example, I cited on the floor broader and more inclusive and fairer Mr. INHOFE. Madam President, I ask just very recently—last week. I remind not only to those victims’ families— unanimous consent to amend my unan- my colleagues of the Oklahoma dentist and I want to express my sympathy to imous consent request to include the 3- who exposed as many as 7,000 patients the families of those victims who were minute remarks of the Senator from to the HIV and hepatitis B and C vi- so deeply and irreparably harmed by Virginia. ruses through unsanitary practices. So Gosnell—but also with the families and Mr. WARNER. I thank the Senator. far, 60 of his patients have tested posi- victims of other kinds of medical mal- But reserving the right to object, is tive for these viruses. Those are 60 peo- practice and to respect the States that that before or after the remarks of the ple who trusted a health care provider have an independent responsibility to Senator from Oklahoma? in a position of authority to provide ensure adherence with those standards Mr. INHOFE. That would be before safe, quality care. Those patients now of care and ought to have the ability to the Senator from Oklahoma. face life-threatening diseases. In Ne- enforce their laws, which might be im- Mr. WARNER. I thank the Senator. vada, practitioners at an endoscopy peded by the resolution that has been The PRESIDING OFFICER. Without center exposed 40,000 patients to hepa- offered by my friend from Utah. objection, it is so ordered. titis C through their unsanitary prac- The PRESIDING OFFICER. The Sen- The Senator from Utah. tices, which went on for years. My res- ator from Utah. f olution speaks to these kinds of Mr. LEE. Madam President, I rise to abuses—unsafe, unsanitary practices— ask my colleagues once again to join UNANIMOUS CONSENT REQUESTS— no matter what the medical procedure me in expressing the sense of the Sen- S. RES. 133 and 134 involved may be. So I urge my col- ate that governments at all levels have Mr. LEE. Madam President, I ask leagues to support my resolution, and I a compelling interest in preventing and unanimous consent that the HELP do object to the proposed resolution of punishing the practices of late-term Committee be discharged from further the Senator from Utah. abortions under unsafe, unsanitary, consideration of S. Res. 133; that the Madam President, I ask unanimous and illegal circumstances. Senate proceed to its consideration; consent that the HELP Committee be It seems as though every day we find that the resolution be agreed to, the discharged from further consideration new evidence that this problem is preamble be agreed to, and the motions of S. Res. 134, and the Senate proceed much bigger than we could have feared to reconsider be made and laid upon to its consideration; that the resolu- previously. Earlier this week, of the table, with no intervening action tion be agreed to, the Blumenthal course, Philadelphia abortion doctor or debate. amendment to the preamble, which is Kermit Gosnell was convicted on three The PRESIDING OFFICER. Is there at the desk, be agreed to, the preamble, counts of first-degree murder for sev- objection? as amended, be agreed to, and the mo- ering the spines of newborn infants, Mr. BLUMENTHAL. Madam Presi- tions to reconsider be laid upon the and one count of involuntary man- dent, reserving the right to object, I table, with no intervening action or de- slaughter for the death of a pregnant wish to point out that the incident bate. mother who came to see Dr. Gosnell for that led to this resolution—the Kermit The PRESIDING OFFICER. Objec- care. Gosnell prosecution—indeed resulted in tion is heard to the request of the Sen- The shocking details of the Gosnell a successful prosecution. He was con- ator from Utah. case have, despite the best efforts of

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Planned Parenthood cited measures to prevent and punish abu- are capable of being born alive and therefore Gosnell’s ‘‘appalling crimes.’’ NARAL sive, unsanitary, and illegal practices. are entitled to equal protection under the called him a ‘‘butcher.’’ On this very Some might say this resolution is a law. symbolic gesture, and I and others floor last week, Gosnell’s actions were In my judgment this is a resolution have introduced more concrete legisla- decried by pro-choice Senators as ‘‘rep- everyone should support. Everyone who tion. Perhaps. But even so, symbols are rehensible’’ and ‘‘an outrage . . . a vio- proclaims himself or herself to be a themselves important. It is important lation of everything we hold dear.’’ champion for women and children But Kermit Gosnell has only been that the strong stand for the weak; should enthusiastically support this sentenced to life in prison and con- that we, in the world’s greatest delib- resolution. demned as a monster for doing things erative body, lend our voices to the for which—had he done them just a few voiceless; that we, representatives of Many of these late-term abortion seconds earlier or a few centimeters in the most powerful Nation on Earth, clinics serve under-privileged popu- a different direction—those same promise to protect the weakest, most lations. Anyone who proclaims himself voices might have hailed him as a hero innocent, and most vulnerable among a champion dedicated to helping the and not as a monster. us and punish those who would do our most vulnerable should be supporting Remember, President Obama himself, children harm. this resolution. The Senate has an obli- while serving in the State legislature Mr. CRUZ. Would the Senator from gation to conduct oversight. of Illinois, voted against legislation Utah yield for a question? Planned Parenthood, the Nation’s that would have protected the civil and Mr. LEE. Yes, I would. largest abortion provider in 2001 per- constitutional rights of infants— The PRESIDING OFFICER. The Sen- formed 333,964 abortions in the United human beings—born alive. ator from Texas. States. From 2011 to 2012, Planned Par- At a recent hearing in the Florida Mr. CRUZ. Madam President, I wish enthood received 45 percent of its rev- State Legislature, a Planned Parent- to ask a question but will start by lay- enue from taxpayer-funded sources. Al- hood representative refused even to ac- ing a predicate and ask the Senator’s most half of its income comes from the knowledge that newborn babies have views on that predicate. taxpayer. This body has an obligation the right to life. In recent weeks, un- I rise to support the resolution of- to make sure there are not other dercover videos have caught abortion fered by Senator LEE calling upon the Gosnell houses of horror practicing clinics around the country casually of- Senate to investigate and hold hear- today. fering to kill infants born alive. Just ings about the late-term abortion prac- The conditions described in the grand this week, evidence emerged about tices in this country. jury report shock the conscience. They similar abuses at a clinic in Texas. This is especially important given describe how doctors and nurses This has nothing to do with health the fact we are seeing allegations of worked without proper licenses. care or even with medical negligence similar conduct to that of Dr. Gosnell The PRESIDING OFFICER. The time but with murder—a war on women and potentially being performed in other of the Senator from Utah has expired. children waged under the guise of le- locations across the country. Indeed, Mr. CRUZ. My question to the Sen- gitimate health care. there have been allegations of similar ator is, does he see how any Senator of As much as we might want to agree conduct in my hometown of Houston, good faith, given these facts, could op- that Kermit Gosnell is an aberration, TX, which I understand are being in- pose this resolution? recent revelations, indeed, suggest oth- vestigated by the local district attor- Mr. LEE. I ask unanimous consent I erwise. A mounting body of evidence ney and other authorities and that be given 60 seconds to answer the ques- seems to suggest that at least among need to be fully and thoroughly inves- tion and then I will yield. some late-term abortion providers and tigated. The PRESIDING OFFICER. Without advocates, the immorality of infan- The crimes committed by Dr. Gosnell objection, it is so ordered. ticide may be an open question. are almost unspeakable. The harm in- Mr. LEE. Madam President, in short, The abortion industry’s defense of flicted to the mothers and to the babies in response to the question from my late-term abortion has always been who were born alive and had their lives colleague from Texas, I do find it dif- based on a rejection of innate human willingly extinguished—unthinkable. ficult to understand why anyone would dignity. How could it be otherwise? But The actions detailed in the grand jury oppose this resolution. I also find it dif- as technology advances, their case for report depict a house of horrors. ficult to understand how this can be late-term abortion increasingly rejects Knowing what we know now about put on the same plate—as serious as medical science as well. what happened, everyone in this body other kinds of abuses are, as serious as We now know as a scientific fact that should be supporting conducting an in- other acts of medical malpractice may unborn children, after about 20 weeks vestigation to make sure there are not be, this one is different. This is about of development, can feel pain. We know other Dr. Kermit Gosnells across this premeditated first degree murder of Dr. Gosnell’s victims squirmed and country. We need to make sure it is not the most defenseless, most vulnerable cried before he severed their spinal happening to other unsuspecting moth- people in our society, and I urge my cords, and we know that every day ers, that other newborn babies are not colleagues to support it. medical technology progresses our being murdered as they were in Dr. abortion laws fall further behind the Gosnell’s clinic. The PRESIDING OFFICER. The Sen- science. Specifically this resolution states: ator from Connecticut. It is a tragedy all on its own that Congress and States should gather infor- Mr. BLUMENTHAL. Again, I renew even today our laws defining human mation about and correct abusive, unsani- my objection. Let me say, my two col- life depend more on geography than bi- tary and illegal abortion practices and the leagues have made excellent closing ar- ology. The unsettling question before interstate referral of women and girls to fa- guments to the Gosnell jury. I would us now is: Has an industry whose prof- cilities engaged in dangerous or illegal expect that to be the case since they its have always depended on dehuman- second- or third-trimester procedures. are two well-trained, excellent lawyers. izing unborn children gone even further This body should be concerned what But the Gosnell case is over. It is done. and dehumanized children born alive referrals were made to Dr. Gosnell and He has been sentenced—or he will be too? who else might be performing these shortly. These kinds of abuses ought to The case of Kermit Gosnell, the un- late-term abortions in such horrific arouse outrage wherever and whenever dercover videos, and recent clinic scan- conditions. they occur. Anytime, anywhere a doc- dals around the country all hint at a This resolution goes on to say: tor endangers a patient in violating terrifying answer. Yet right now we Congress has the responsibility to inves- standards of care, we ought to condemn just don’t know. My resolution would tigate and conduct hearings on abortions them. So I urge my colleagues to join

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They are enues that they are using right now to tion, and they should condemn such able to do this because Iran earns $3 enhance their nuclear capability and to practices. I ask them to join me in res- billion a month in oil revenue, 70 per- perform all these atrocious acts in the olution S. 134. cent of their revenue. If Iran didn’t Middle East. At the same time, we The PRESIDING OFFICER. The Sen- have access to this money, its ability would be able to lessen our dependence ator from Virginia. to influence the region would be either and provide all of the benefits that Mr. WARNER. Madam President, I stopped or significantly curtailed. In come from the use of this. appreciate the courtesy of the Senator other words, Iran cannot pose this Eventually, we would like to be at a from Oklahoma, recognizing that he threat without their oil revenues. situation where we can do not just 1.25 has other accommodations he has to U.S. production is now 7 million bar- million barrels a day but maybe 10 deal with. I ask unanimous consent I rels a day, which is 40 percent higher— times that and become totally inde- be granted up to 4 minutes to speak put the chart up, please—40 percent pendent. In the meantime, we are only after the Senator from Oklahoma com- higher than in 2008. When we look at talking about one very small amount pletes his comments. the map, we can see back in the old that we would be telling the President The PRESIDING OFFICER. Without days the oil belt was the western part of the United States he is going to have objection, it is so ordered. of the United States. Look at it now. It to allow us to explore so we can stop Mr. INHOFE. I thank the Senator has all changed. We have the Marcellus Iran from doing the things they are from Virginia. The PRESIDING OFFICER. The Sen- up there in Pennsylvania, which is now doing today. I thank those who have allowed me ator from Oklahoma. the second largest employer in Penn- Mr. INHOFE. I ask the Chair if I am sylvania. It is scattered throughout. to have a little bit of time today, and correct when I say after comments by The reason for this surge is because I yield the floor. the Senator from Virginia, the senior the use of horizontal drilling and hy- The PRESIDING OFFICER (Ms. WAR- Senator from Texas will be recognized? draulic fracturing has allowed us to REN). The Senator from Virginia. The PRESIDING OFFICER. The Sen- reach reserves, reach production we f ator is correct. otherwise could not do. Here is the interesting thing: We SEQUESTRATION f have grown by 40 percent in our pro- Mr. WARNER. I thank the Senator IRAN SANCTIONS duction, and all 100 percent of it is on from Oklahoma and wish him good IMPLEMENTATION ACT State or private land. None of it is on travels. Mr. INHOFE. Madam President, first Federal land. In fact, during this boom I rise briefly today to point out one of all, I think we, all of us, late in the we are in the middle of right now that more time some of the ramifications of week, are on a timeline. I have a very is so productive to the economy of the policy I have repeatedly called stu- significant piece of legislation, S. 965, most of the States, none of that came pidity on steroids, which is our seques- called the Iran Sanctions Implementa- from the Federal Government. In fact, tration policy. Word came out earlier tion Act. I spent a long time on the we had a reduction during this time in this week from the Department of De- floor yesterday talking about this. It production from Federal lands. fense that the Secretary, to meet his occurred to me it is a little bit com- The Institute for Energy Research re- sequestration numbers, is going to plicated. The longer we talk about it cently issued a report stating that if have to furlough teachers in Depart- the more complicated it gets. I have we enacted policies that allowed ag- ment of Defense schools for 5 days and shortened it. Let me make a couple of gressive development of all this off- education support personnel for 11 brief comments about where we are limits land that is there right now, it days. today in relationship to Iran and some would generate $14 trillion in economic Many of us on the floor of the Senate of the other countries in the Middle activity, create 2.5 million jobs, and re- stand and praise our men and women East, and a solution to which everyone duce the deficit by $2.7 billion. Most of who serve in the military, who defend can agree to the problem that is there. all, we could become totally inde- our freedoms. I cannot think of any- First of all, 70 percent of Iran’s reve- pendent from having to import our en- thing that is more of an antithesis to nues come from their export of oil. ergy from any other country. those words we say, that we would What we have done successfully is had This bill says if the President would, praise their service, if we say: Yes, you some modest means of reducing that, at his discretion—it would require the go off and defend our Nation in Iraq so we have actually cut their amount President to find some area where we and Afghanistan; meanwhile, your fam- of exports in half over the last 4 or 5 can just increase our production from ilies and your children cannot go to years from 2.5 million barrels of oil a Federal lands 1.25 million barrels a school. day to 1.25 million barrels of oil a day. day. That is just a small, minuscule What makes this particularly dif- That amounts to 70 percent of the re- part of all the production we could ficult to stomach at this point is just sources, the revenue that Iran has. have. For example, in just this area, today, Blue Star Families—one of our What do they do with their revenue? that would exceed 1.25 million barrels a Nation’s best veterans organizations, First of all, we recognize something day or this up here, in Alaska, or even veterans support group organizations— that people do not like to talk about; offshore. came out and said in a list of priorities that is, our own intelligence says, and The Senator from Virginia is going for military families, No. 1, the impact has said since 2007, by 2015 Iran will to be speaking next. They have actu- of deployments, repeated deployments have a weapon and the delivery system ally voted to go ahead and explore this on military families and particularly for that weapon. off their shores. Any of these places children; and, No. 2, military children Our concern, of course, is that one of would do that. education. the things that happened in Barack Why do we say 1.25 million barrels a In my State and many other States, Obama’s first budget 4 years ago was, day? That is what Iran exports. This is military families, particularly on base, in addition to other things regarding what would happen: If we were able to have a military DOD school. Those the military, they did away with the do that, that would be 1.25 million bar- schools provide a valuable service to ground-based interceptor in Poland rels a day that we in the United States those military families oftentimes who which was designed specifically to take would no longer have to import, which have their parents deployed. In my care of a missile coming from the east would open that up to those who are mind, how can we stand on the floor of and, of course, what we had there was importing from Iran, and it would com- this Senate and commend those men the threat from Iran. That is a threat. pletely dry up 70 percent of their rev- and women who serve and at the same

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Sebelius is going to be the one who crease in Federal regulation of bureau- I am going to write Secretary Hagel, doles out grants and other benefits cratic authority, there will also be a and I ask that all of my colleagues join under ObamaCare, there is the all-too- dramatic increase in crony capitalism. with me in this matter in urging that human temptation to favor those who Health and Human Services granted the furloughs of these educators who have gotten you out of a crack and a series of waivers from ObamaCare’s educate the children of our military done you a favor. annual limit requirements, which fos- families be exempted from the process Let’s review how ObamaCare is sup- tered the impression that certain com- of sequestration. posed to work in the first place. The panies, labor unions, and other institu- While it begs the large question that Federal Government is supposed to tions were getting preferential treat- the Nation confronts a $16 trillion debt, come up with its own definition of ment. Why not treat all Americans the I think most of us in this Chamber health insurance. What we own right same rather than have the government know that the only way we are going now may not be good enough for the pick winners and losers, with the temp- to get to a solution is if those of us on government and its standard for health tation to pick their friends and polit- this side of the aisle find a way to insurance. It is demanding that private ical supporters and give them special make smart and sensible reforms to businesses offer their employees this favors? our entitlement programs. Our col- Washington-approved insurance or We saw this also in the government- leagues on the opposite side of the aisle they get penalized. run bailout of the Chrysler Corporation are going to have to work with us to It is also demanding that some Amer- when the company’s secured bond- find ways to generate additional reve- icans—many Americans—pay for cov- holders received less for their loans nues; otherwise, we are going to keep erage they don’t want, don’t need, and than the United Auto Workers pension coming back to the kinds of cuts we may not be able to afford. The best ex- fund. have seen in sequestration and in do- ample of that is young adults—some- For that matter, we also saw it in the mestic discretionary. times called the young and invincible— notorious Solyndra project. President We are on a current path that would who may not think they need com- Obama’s entire green agenda energy take domestic discretionary spending prehensive health care insurance. They policy is based on the idea that the from 16 percent of our Federal spending may think, well, perhaps I need more Federal Government should be playing down to 4 percent. As a business inves- of a catastrophic policy or something venture capitalist with taxpayer dol- tor, I would never invest in a business else that will take care of me if things lars. We all know that when Solyndra really turn bad. As a result of that spent less than 5 percent of its re- went bankrupt, the administration fa- ObamaCare, these young people will be sources on its workforce and infra- vored private lenders over taxpayers, forced to buy coverage they don’t need. structure. which was a violation of the law. So today I rise on the issue of mak- Many of them don’t want it and can’t But there are many other private ing sure we actually honor those mili- afford it. companies that have received taxpayer tary families of whom we speak so They will literally see their insur- funding for political or ideological rea- often and make sure their kids get to ance premiums skyrocket because of a sons, and that is why we say that crony go to school next year and don’t have phenomenon known as age-banding. capitalism undermines public trust in to lose valuable educational time be- Age-banding is where older Americans government because not everybody is cause their teachers are furloughed. I cannot be charged more than three treated the same. The government— hope my colleagues will join me on the times what younger people can be those in power—picks winners and los- letter to Secretary Hagel. charged. We all know that as we age, With that, I yield the floor, and I we utilize more health care services. ers, political favorites, friends, and thank the Senator from Texas for his Here again, younger Americans are family. I have one final point. We learned courtesy. being asked to subsidize their elders in The PRESIDING OFFICER. The Sen- ObamaCare. about the Sebelius shakedown on the ator from Texas. One way to look at it is the Obama same day we learned that the IRS has been deliberately targeting and f administration has decided that the purchase of an expensive government- harassing some organizations based on OBAMACARE approved product sold by certain pri- their political views. Mr. CORNYN. Madam President, we vate companies is a condition of Amer- As we all know, the IRS has a very have been informed that the Secretary ican citizenship. For those who are important and key role in admin- of Health and Human Services has be- American citizens and live here, they istering some of the biggest parts of come a private fundraiser to raise have to buy it. If they don’t, they pay ObamaCare and thus will be collecting funds from the very industry she regu- the penalty. That is one example of massive amounts of new information lates in order to implement crony capitalism. about individual Americans. That was ObamaCare. This raises all sorts of Private companies are turning into always a bad idea, but now, after we troubling concerns. There is an appear- de facto public utilities, and Americans have learned about the abuses at the ance of impropriety and a conflict of are forced to buy their products but IRS, it sounds even more dangerous interest. There is an appearance that only those products approved by the than ever. After what we have learned there is basically a shakedown going regulators here in Washington. It is the so far, how can Americans feel con- on—extracting money from companies ultimate marriage of big business and fident that the IRS won’t abuse these she regulates in order to implement big government, and it is bad for the new powers after having abused its cur- the President’s health care law. This is American taxpayer. rent powers? Why should the American certainly unethical—representing a Now Secretary Sebelius has gone a people believe what they have been conflict of interest—and possibly ille- step further. She is using her leverage told when they have been lied to time gal. However, it has provided us a use- and power as a regulator over private and time again about the IRS’s activi- ful reminder about ObamaCare: that it companies to force them to fund ties? represents one of the worst examples of ObamaCare. We all see what is going Back in March 2012, the former IRS crony capitalism that exist today. Un- on. Secretary Sebelius is making the Commissioner categorically denied fortunately, that is true of a number of health care industry an offer they can- that his agency was targeting certain the administration’s policies, but let not refuse. After all, her agency regu- political organizations. Now we know me just explain what I mean. lates those companies and has enor- that he was not only wrong, we also When the private enterprise and the mous influence over their business op- know they intentionally lied. We also government become so intertwined as erations. know that senior IRS officials—many

VerDate Mar 15 2010 01:12 May 17, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.035 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 16, 2013 CONGRESSIONAL RECORD — SENATE S3557 who still have their jobs—learned of port to do it. For an agency that is af- proximately 30 fewer schools will re- these abuses 2 years ago and never cor- fected by sequestration, it amounts to ceive funding. In Maryland, we believe rected the record. almost 10 percent of their budget, be- education is a top priority. That is how In short, if we ever needed another cause they have to cram in savings we compete. That is how we invest in reason to get rid of ObamaCare and re- over a short number of months. Also, it our future. We invest in our children. place it with market-driven, patient- only affects some agencies, not all. Not Maryland will lose approximately $10 centered reform, the IRS has provided all of the programs are affected by se- million in funds for about 120 teachers, us with one. questration. But those discretionary aides, and staff who help our children I yield the floor, and I suggest the ab- programs that are affected are across with disabilities. sence of a quorum. the board, without any discretion. Around 770 fewer low-income stu- The PRESIDING OFFICER. The If the Presiding Officer ran into a dents in Maryland will receive aid to clerk will call the roll. tough economic time or someone we help them finance the cost of college, The legislative clerk proceeded to represent does and they lose some in- and around 440 fewer students will get call the roll. come, they look at their family budget. work-study jobs that help them pay for Mr. CARDIN. Madam President, I ask They may have money put aside for college. These are programs that unanimous consent that the order for rent or mortgage payments, maybe Democrats and Republicans have the quorum call be rescinded. some money put aside for a food budget fought for over the years to make sure The PRESIDING OFFICER. Without for their family, and maybe there is they are funded. Now, in Maryland, we objection, it is so ordered. some money put aside to go to an Ori- are going to have to cut back. Head Start and Early Head Start f oles-Red Sox game. services would be eliminated for ap- THE BUDGET They are going to have to make some tough choices, but they are going to proximately 800 children in Maryland, Mr. CARDIN. Madam President, I re- make choices based upon what is most reducing access to critical early edu- member—and I am sure the Presiding important to their family. They cer- cation. Officer does too—an early morning in The list goes on and on and on. tainly are going to pay their rent pay- Maryland would lose about $3 million March when we completed our budget ment or their mortgage payment to deliberations. That was a couple of in environmental funding to ensure keep the roof over their family home. clean water and air quality, as well as months ago. I remember the outcry So that is what we should be doing. prevent pollution from pesticides and about the Senate not following regular We have to make decisions, and we order in passing a budget. On that hazardous waste. We have worked hard cannot do these across-the-board cuts. to clean up the Chesapeake Bay and March morning, we followed regular It is hurting agencies. These are cuts order. We passed a budget. We took up provide a safe environment for our on top of cuts on top of cuts. families. That is in jeopardy as a result lots of amendments. We spent hours on Let me mention one group that will of sequestration. In addition, Maryland debate. We voted on many amend- be particularly affected by that, and could lose another $467,000 in grants for ments, and the Senate worked its will. that is our Federal workforce. These Of course, the House has also worked fish and wildlife protection. are the people who are at NIH, the tal- In Maryland, there will be 46,000— its will. It passed a budget that is dif- ented scientists doing the research tens of thousands—of civilians in the ferent from the Senate budget. that is keeping us healthy. They are Department of Defense who will be fur- The next step in regular order is for finding the answers to the dread dis- loughed, reducing gross payroll by the House and Senate to meet in what eases in our society. These are people around $353.7 million in total in our is called a conference to work out the who are standing guard on our border, State. differences between the House and the keeping us safe. These are people who Maryland will lose about $317,000 in Senate so we can then have a budget do food inspections to make sure we justice assistance grants. These grants for the country. That is how the reg- have a healthy food supply. These are support law enforcement. We all talk ular process works. people who help our seniors, to make about supporting law enforcement. I know for the last couple of years we sure they get the checks they need for These grants also support prosecution have had budgets. We have had budgets their dignity in their older years. and courts, crime prevention and edu- because of grand bargains that have These are people who are working for cation, corrections and community been agreed to on debt extensions and the public. corrections, drug treatment and en- things such as that, but there is now a What have we done to them? Three forcement, and crime victim and wit- cry to follow regular order. That is straight years of freezes, no increase in ness initiatives. what we should do: Follow regular their salaries. We are now looking at Maryland will lose about $66,000 in order. So the next step is to go into a what we are going to do with their ben- funding for job search assistance, refer- conference. efit structure. On top of that, we have ral, and placement, meaning around I must tell my colleagues, I don’t freezes on the number of employees; 9,270 fewer people will get the help and quite understand why the Republican therefore, they are being asked to do skills they need to find employment. leader is objecting to going to con- more with less. And now we have fur- Madam President, 2,050 fewer chil- ference. He is trying to say, We will go loughs, which is basically cuts—cuts in dren in Maryland will receive vaccines to conference if the Senate agrees with their salary. for diseases such as measles, mumps, the House. No, we don’t go to con- It is not the Federal payroll that rubella, tetanus, whooping cough, in- ference because we agree with one causes the deficits we have today. As fluenza, and hepatitis B. body; we go to conference to work out the Presiding Officer and I know, it is Maryland will lose approximately our differences. So I am extremely dis- the fact that we went to war in two $551,000 in funds to help upgrade its appointed that those who are yelling countries, we cut taxes, we went ability to respond to public health the loudest about following regular through a recession. We have to answer threats, including infectious diseases, order are now preventing us from using the way of getting out of this problem natural disasters, and biological, chem- regular order. in a balanced approach. We have al- ical, nuclear, and radiological events. We need to get to conference, and one ready done the discretionary cuts to Maryland will lose about $1.6 million of the reasons is so we can get rid of se- those agencies, and we are now affect- in grants to help prevent and treat sub- questration. Sequestration means ing their ability to do their mission. stance abuse, resulting in around 2,500 across-the-board mindless cuts. It I want to mention some of the effects fewer admissions to substance abuse treats every priority in government of sequestration on the citizens of programs. the same. That is mindless. That is not Maryland, whom I have the oppor- Maryland health departments will what we should be doing. It is having a tunity to represent in the Senate. lose about $595,000, resulting in around major impact on the mission of many Maryland will lose approximately 14,900 fewer HIV tests. agencies in this country. They can’t do $14.4 million in funding for primary and Maryland could lose up to $124,000 in what the public wants them to do be- secondary education. Twelve thousand funds that provide services to victims cause they don’t have the budget sup- fewer students will be served and ap- of domestic violence.

VerDate Mar 15 2010 01:12 May 17, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.040 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3558 CONGRESSIONAL RECORD — SENATE May 16, 2013 My point is these are cuts that I do We have read the accounts of con- uated taxpayers similarly—always. We not think the public wants us to do. In servative groups that were asked im- are going to find out exactly who was Congress, each of us says: Oh, we did proper questions about their donors responsible, and we are going to hold not mean that. Well, it is time for us to while some of their applications were them accountable for their actions. act. Democrats and Republicans, com- delayed for more than 3 years, even as The IRS needs to come clean about ing together in a bipartisan way, com- applications for groups friendly to the what went on here. Chairman BAUCUS promise. That is what our Founding President and liberal causes were and I intend to make sure they do. Fathers envisioned we would do—work- promptly approved. Sadly, while the targeting of conserv- ing together—so we have a balanced We have heard the apologies from ative groups in the review process has approach. senior IRS officials and the condemna- gotten most of the attention thus far, Just look at compulsory spending, tions from the White House itself. there are other issues involving the mandatory spending. We can organize While we know for a certainty that IRS that are every bit as disconcerting. our health care delivery system in a this unacceptable behavior was going There are news reports indicating more cost-effective way. Dealing with on at the IRS, there is still much more that in 2012, the same IRS office im- individuals with high-cost interven- we do not know. properly disclosed confidential infor- tions—we can save money there—re- For example, we still do not know mation about certain conservative duce hospital readmission rates. There why the targeting began or why only groups to media organizations. are ways we can bring down costs in a conservative groups were targeted by Last November, the journalist group sensible way. Our troops are coming the IRS examiners. ProPublica requested 501(c)(4) applica- home from Afghanistan. We can reduce We do not know the full extent to tions for 67 different nonprofits. Less our military spending. We can cer- which senior officials at the IRS and than 2 weeks later, the IRS produced tainly look at the $1.2 trillion we spend Department of Treasury became aware application documents submitted by 31 every year through the Tax Code—that of these practices, when they found of the organizations. Included in this is on a yearly basis—tax expenditures. out, and what they did or did not do to group of documents were the applica- We can certainly close some of those put a stop to these practices. tions from nine conservative organiza- loopholes and get the badly needed rev- Perhaps most importantly, we do not tions that were still under consider- enues so we can deal with our budget in know why, when Members of Congress ation by the IRS. ProPublica subse- a balanced, responsible way. asked questions about these issues last quently posted six of those applications Let’s work together in a bipartisan year, and after senior officials cer- in redacted form on the Internet and fashion, Democrats and Republicans. tainly knew of the problem—or prob- published articles analyzing the infor- One more thing it will do: Solving lems—we were led to believe that no mation they obtained. problems gives predictability, and peo- groups were being targeted. This is disturbing for at least three ple will know what the rules are. They Indeed, neither Congress nor the reasons. First and foremost, under sec- will know what our budget is, they will American people learned anything tion 6103 of the Internal Revenue Code, know what our Tax Code is, and that about these activities from the respon- the IRS is prohibited from disclosing unleashes our economy and creates sible officials until they were trapped applications for tax-exempt status that jobs, which helps the economy and and their hands were forced. are still under review. While the IRS is helps balance our budget. There are not words to describe what authorized, under section 6104, to re- I urge my colleagues, let’s take the has gone on here. Some of us have lease application materials of groups next step. The next step is to go to con- tried. Words such as ‘‘unconscionable,’’ that have already been granted tax-ex- ference on the budget. Let’s work out ‘‘unbelievable,’’ and ‘‘Nixonian’’ have empt status, pending applications are the differences between the House and been thrown around, rightfully, in my required by law to remain confidential. the Senate. Let’s do what we are sup- opinion. This appears to be a pretty cut-and- posed to do in regular order. I urge my Republican colleagues to But regardless of the words we use to dried violation of the Internal Revenue remove their objections, and let’s get describe it, this is easily the most Code, meaning that civil and criminal to a conference on the budget as soon shocking and outrageous turn of events penalties may apply. as possible. we have seen in Washington in some Second, the IRS responded to With that, I see my distinguished time—and that is saying something. ProPublica’s request in just 13 days. friend from Utah who is on the floor. I One thing I am glad to see is that That seems extraordinarily swift, and always learn a lot when he speaks, so I these actions have, for the most part, it raises the question of how long the am going to yield the floor for my col- been condemned by Members of both IRS normally takes to respond to such league from Utah. parties. In the end, I hope both Repub- document requests. I do not want to The PRESIDING OFFICER. The Sen- licans and Democrats will work to- prejudge anything, but I suspect it usu- ator from Utah. gether to address these issues. ally takes longer than 13 days to hear Mr. HATCH. Madam President, I I have said from the outset that it back from the IRS. It certainly takes thank my dear friend and colleague does not matter if a tax-exempt group longer than that for the IRS to respond from Maryland. He is a wonderful per- is liberal, conservative, or moderate. It to requests from Congress. son and a very good Senator. I enjoy is an outrage that the IRS would single Finally, this revelation comes not him on the Senate Finance Committee. out any group based on its political be- too long after other allegations that He is one of the brighter people on that liefs. On that point there is bipartisan the IRS disclosed confidential informa- committee, among a whole bunch of agreement in Congress and throughout tion submitted by conservative non- very bright people. the country. profits. On the Senate Finance Committee, In the spring of 2012, activist groups f Chairman BAUCUS and I are under- and media outlets began posting con- THE IRS taking a bipartisan investigation into fidential donor information regarding Mr. HATCH. Madam President, I rise this matter to find out exactly what the National Organization for Mar- today to speak on a matter that de- happened and make sure this type of riage, a nonprofit 501(c)(4) organiza- serves the attention of everyone in this thing never happens again. tion, on the Internet. Such information Chamber. I am happy to be working with Chair- is also required by law to be kept con- By now we all know about what is man BAUCUS on this effort, and I want fidential. going on at the Internal Revenue Serv- to assure my colleagues that we are Although the IRS is authorized to re- ice. We have seen the report from the going to get to the bottom of this. We lease yearly forms filed by tax-exempt Treasury Inspector General for Tax Ad- are going to find out just how far down organizations, the law prohibits donor ministration, TIGTA, indicating that the rabbit hole the IRS went in sin- information from being disclosed, and between 2010 and 2012 the IRS was tar- gling out groups based on their polit- that is whether it is a conservative, geting conservative groups applying for ical beliefs. We are going to find out moderate, or liberal organization. Yet tax-exempt status for increased levels why the IRS ignored a bedrock rule of National Organization for Marriage’s of scrutiny. tax administration: Treat similarly sit- documents that found their way online

VerDate Mar 15 2010 01:12 May 17, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.045 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 16, 2013 CONGRESSIONAL RECORD — SENATE S3559 in the middle of a Presidential election within constraints, follow the rules, do I think the President today in his appeared to have come from the IRS. what is right, and fight hard for their press conference potentially made a This was suspicious, to say the least. principles. mistake in an answer he gave. I would That is why, in May of 2012, I sent a But the IRS is not a place where we encourage the White House to clear it letter to the IRS Commissioner re- should be doing anything but fighting up as soon as possible. He was asked questing an investigation into whether hard for the principles of fair treat- specifically if he or anyone in the the IRS publicly disclosed confidential ment of all U.S. citizens. I would be de- White House knew about what was donor information about the National crying this if the IRS was doing this to going on at the IRS before April 22 of Organization for Marriage. To date, I liberal organizations. We do not expect this year. have not received a substantive re- it to ever do that, but I would surely be The President’s answer was that he sponse. decrying it. All I can say is that the did not know about the inspector gen- So in addition to the revelations that very essence of liberty is involved with eral’s report until he read about it in the IRS was improperly targeting con- what the IRS does or is doing. If we the press. So I would submit to you he servative groups for scrutiny of their cannot rely on the most powerful agen- did not answer that question. I am not 501(c)(4) applications, we have these un- cy in government to treat people fair- implying he did know about it. I am answered questions about the possible ly, then this country is in much great- just encouraging the White House and illegal disclosure of confidential infor- er trouble than many of us think it is. those there to clear this up as soon as mation to media outlets and other or- We know we are in trouble. We know possible. ganizations. This is another matter we are living beyond our means. We It is kind of reminiscent of when At- that needs to be resolved in order to re- know we are not doing what is right in torney General Holder would not an- store the credibility of the IRS as a this country. We know Congress could swer Senator PAUL’s question about government agency. do a much better job than it is doing. whether American citizens could be That is why I, along with all the Re- That includes both Democrats and Re- targeted in the homeland with a drone. publican members of the Senate Fi- publicans. It is inexcusable for an agen- That led—we all remember what it led nance Committee, have submitted a cy with the power the IRS has to be in- to. It is a very simple and straight- letter to the Treasury Inspector Gen- volved in these types of shenanigans. It forward question. I would encourage eral asking that he look into these is chilling, absolutely chilling to any- the White House and the President to issues. body who thinks about it, that this echo what Jay Carney said just a cou- Among other things, our letter re- most powerful agency can basically ple days ago, which is no one in the quests that TIGTA—that is the Inspec- come down on anybody for almost any White House knew anything about it. I tor General’s organization—investigate reason if it is not honest. think it is important for the President to determine which employees at the We have to restore the trust and the to answer that clearly; again, not be- IRS were responsible for improperly honesty of the IRS. We have to be able cause I am implying he did know, be- disclosing confidential documents to to rely on the IRS being fair, impar- cause I think if they leave that out ProPublica and whether any actions tial, and in doing what is right. I think there, it creates questions that should have been taken against them. I speak for my colleagues on the Demo- not be created. I hope they will do In addition, this letter asks for an in- cratic side. Many of them are as out- that. It is important. vestigation into whether the IRS fol- raged as I am about what went on here. I wish to bring to the attention of the lowed its usual Freedom of Information It is not right. I think the American Senate and the American people a com- Act procedures in its prompt response people fully understand that. pilation of stories that have emerged I appreciate those who are honest. I to ProPublica’s document request. since the initial question emerged. appreciate those who do abide by their Our letter asks TIGTA to determine They are very troubling. They extend, ethical constraints. I appreciate those whether the IRS ever undertook an in- quite frankly, beyond the IRS, but I who are not political at the IRS. There vestigation to determine if the agency will begin with the IRS. Here is a re- are many good people working there. I was responsible for leaking the Na- port from the Washington Examiner. do not want them to be besmirched by tional Organization for Marriage’s The headline reads: ‘‘IRS denied tax- the few. There might be a little bit donor information. more than a few people who do not exempt status to pro-lifers on behalf of The American people have a right to honor the ethical constraints that the Planned Parenthood.’’ expect government agencies to perform Let me read what it says inside. It IRS simply has to live up to. Let’s hope their functions in a neutral, unbiased says: ‘‘In one case, the IRS withheld neither side will ever again use the IRS manner. When any agency breaks that approval of an application for tax ex- for political purposes. trust, it undermines the credibility of I yield the floor. empt status for Coalition for Life of the entire government. The PRESIDING OFFICER. The Sen- Iowa.’’ These are not matters that can sim- ator from Florida. In a phone call that this reporter re- ply be wished away by public apologies Mr. RUBIO. Madam President, I ask ported he had with one of the leaders— and condemnations. unanimous consent that I be permitted I am sorry. One of the leaders claimed They cannot be covered up by a hand- to speak for up to 15 minutes. that in a phone call he had with the ful of resignations, and they are not The PRESIDING OFFICER. Without IRS on June 6 of 2009, ‘‘the IRS agent covered up by an apology. I hope the objection, it is so ordered. ‘Ms. Richards’ told the group to send a administration knows this. The only Mr. RUBIO. Madam President, I letter to the IRS with the entire way to fully address these issues and to wanted to come to the floor to follow board’s signatures stating that, under fully restore the credibility of the IRS up on the news that we have had on the perjury of the law, they do not picket/ is to have full accounting of the facts. IRS situation, which I know is con- protest or organize groups to picket or In one way or another, we are going to cerning to all Americans, Democrats, protest outside of Planned Parent- learn all we can about the facts and Republicans, everyone. The power of hood.’’ what went on there. I hope we can do government is real and the power of They said that ‘‘once the IRS reso with the full and complete coopera- the IRS is very real. So anything in- ceived this letter, this application tion of the administration. volving an abuse of power in the IRS is would be approved.’’ That is troubling Look, the IRS is the most powerful going to concern Americans irrespec- if true. That is one report that is in the agency in government. Our liberties de- tive of their political leanings. news. pend upon an impartial IRS. We know Before I do, I just wish to comment Here is another one. This one comes many of the employees of the IRS are on something that happened a few mo- from a very respected individual in the represented by one of the toughest ments ago at a press conference at the United States. His name is Franklin unions in this country. We can presume White House. I have tremendous re- Graham. He is the son of the Reverend from that most of them are not Repub- spect for the Office of the Presidency Billy Graham. He claims the Billy Gra- licans. Be that as it may, the Demo- and for anyone who would hold them- ham Evangelical Association and the crats I know whom I honor and respect selves out to hold the office. So I say family’s international humanitarian are those who keep their word, live this with the highest respect. organization Samaritan’s Purse, the

VerDate Mar 15 2010 01:12 May 17, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.046 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3560 CONGRESSIONAL RECORD — SENATE May 16, 2013 IRS notified them in September that it citizen group by the IRS. Anyone who waivers in 14 of its 15 requests—14 of its was conducting a ‘‘review’’ of their ac- has gotten a letter from the IRS under- 15 requests. So that is 93 percent of the tivities for tax year 2010. stands it is never a pleasant cir- time versus basically the alternative, He goes on to say, by the way, that cumstance, unless there is a refund which is what they did to these other this review happened after Mr. Gra- check in that envelope. You go to the groups. Again, all a chain in a pattern ham’s organization published news- mailbox, open it, it says IRS, and no of behavior that I think is not any- paper ads in North Carolina backing a one likes that. thing any of us ever want to see. So far State constitutional amendment ban- Just imagine this group of everyday I have not seen it, and I do not think ning same-sex marriage. That is in the citizens. These are not professional po- we are going to, quite frankly. I sus- news. That was from Politico. Again, I litical activists. They do not have en- pect we will not see a single Member of am just reporting what different out- tire law firms at their disposal. These Congress come to the floor of either lets are reporting. are just everyday Americans who are Chamber and say this is acceptable be- This is another report that has been speaking out about the principles of havior. out there. I think I alluded to this yes- limited government and free enter- I wish to tie in the loop, though, be- terday in my speech. This talks about prise. By the way, if they were speak- cause this is not just about these agen- how the same IRS office that delib- ing out in favor of big government, cies run amok. This is not just about a erately targeted conservative groups they still have the same right not to be handful of people in the IRS’s Cin- applying for tax-exempt status in the harassed by the IRS. cinnati office or somewhere else doing runup to the 2012 election released nine So I just want to bring the real face something wrong. This is much deeper pending confidential applications of of this to bear, because this is not just than that. conservative groups to ProPublica late a problem with an abuse of power in I talked about it yesterday, I will re- last year. I think this is actually the IRS. Think about the impact this peat it today; that is, the sense that ProPublica admitting that is where has had on the lives of everyday Ameri- this administration has pursued a real they got the information. cans who one day decided: I want to get culture of intimidation in the political This is in response to a request for involved in politics. I want to speak process, including the way it ran its the applications for 67 different non- out. I want to say something. They get campaign. But I wish to take it one profits last November. So this is an ad- hit with a letter such as this, this kind step further. What this should remind mission, basically, from ProPublica, of questionnaire, which quite frankly us of is the danger of government which is in this not-for-profit inves- what happens with a lot of these people power. Let me stop there and remind tigative reporting group. They are ad- is they decide I am not going to do it. everyone. We need government. No one mitting the source of these leaked doc- I am not going to get involved. I do not here—I do not know any anarchists uments was the IRS office in Cin- have the time for this. I do not need who serve in the U.S. Government, for cinnati, the leaked documents of nine the hassle. Maybe that was the intent. the most part. All of us believe govern- conservative groups. So we went over that for a moment. ment has an important role to play in So now it is no longer audits, it is co- Here is something that is very trou- our country and the national defense. operating with investigative journal- bling. This is from USA Today. The By and large, we believe there needs to ists by provided them with information USA Today headline: ‘‘IRS approved be a safety net to help those who can- which is illegal to provide them, con- liberal groups while Tea Party in not help themselves, not as a way of fidential tax information. That is what limbo.’’ Some of those groups were ap- life but to help those who have fallen this report says from the organization proved in as little as 9 months. Bus for to stand and try again. that got the leak. Progress in New Jersey, a not-for-prof- We think the government plays an This is FOX News Latino. It reports it that uses red, white, and blue buses important role in our laws. One of the that the former President of San Anto- to drive progressive change, Missou- things that attracts people to the nio tea party said they received a ques- rians Organizing for Reform and Em- United States—for example, to do busi- tionnaire with over 50 questions, in- powerment, they got their tax-exempt ness here—is that we have a legal sys- cluding inquiries into whom the group status just 9 months after a pretty sim- tem where property rights are going to met with, where their meetings were ple and straightforward process. be respected. So if one says they own a held, who was in attendance, the sub- Progress Florida in my own home piece of property, it belongs to them. jects of internal e-mails, et cetera. State, similar experience. Again, this No one would necessarily dispute that. This is in line with some of the other is USA Today. I think this was their If they do, they have to go to court. stories we have been hearing around cover story yesterday, where it de- There are countries in the world where the country. This was actually posted scribed the difference in how tea party the owner of the property is whoever online. These are letters going back groups are treated, in comparison, that has the bigger guns or whoever has the and forth between the Richmond tea had words in their title such as best connection to government. We party and the IRS. These are the ac- ‘‘progress’’ or ‘‘progressive.’’ take that for granted sometimes. tual online letters we pulled, with Here is one more that actually shows So there is a role for government to some information redacted for privacy. this kind of behavior extends beyond play. It is a very important role. But Some of the questions they were the Internal Revenue Service. This is the problem is that our Framers, the asked: Provide the following informa- from the Competitive Enterprise Insti- Founders of this Nation, had a deep tion for all events and programs you tute, May 14. It talks about how public suspicion of government no matter who have conducted and participated in records produced by EPA, the Environ- was running the government. They re- from October 22 to now. mental Protection Agency, in response jected this notion that if we get very They wanted copies of handouts pro- to a lawsuit filed by CEI under the good people in government, we will vided to the audience. They wanted to Freedom of Information Act, show a have very good government. know if there were any speeches or fo- pattern of making it far more difficult Government has a role to play. But rums conducted in the event or pro- for limited government groups, in par- when government’s powers extend be- gram, provide detailed contents of the ticular those that argue for more free- yond its natural limits or its impor- speeches or forums, the names of the dom and less EPA, how it makes it tant limits, we start to have problems speakers and panels, their credentials, harder for them to get access to public such as these emerge. I bring this to the names of persons from your organi- records. the floor because this is exactly what zation and the amount of time they For example, green groups such as we have been debating in so many in- spent on the event or the program. In- the Natural Resources Defense Council, stances, is expanding the natural power dicate the percentage of time and re- the Sierra Club, the Public Employees of government beyond where it should sources you spent on all of the events for Environmental Responsibility, be and allowing it to have jurisdiction and programs in relation to your activ- Earth Justice, they had their fees and influence over areas of our life, ity. waived in 75 out of 82 cases. where no matter who is in charge, Re- It goes on and on. This is page after Meanwhile, the EPA effectively or publican or Democrat, we may not like page of information being asked of a expressly denied CEI’s request for fee the way it turns out.

VerDate Mar 15 2010 01:12 May 17, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.047 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 16, 2013 CONGRESSIONAL RECORD — SENATE S3561 We talked about the IRS for a mo- such a distrust of the government’s and esteem, together with the assurance of ment. The IRS is going to be on the willingness or ability to enforce the my prayers for them and their fellow citi- frontlines of enforcing the health care law. You see it, even in that issue, rear zens. Ladies and Gentlemen, our human family law. This is the same agency of govern- its head. is presently experiencing something of a ment that has for the most part over I think it is important to remind our- turning point in its own history, if we con- the last few years, now by admission of selves that even if government is run sider the advances made in various areas. We everyone involved, been abusing by the best people with the best of in- can only praise the positive achievements power—at least some of their employ- tentions, it has a tendency to do these which contribute to the authentic welfare of ees have. I don’t want to besmirch the sorts of things. You see that at every mankind, in fields such as those of health, entire agency. As Senator HATCH was level but particularly at the Federal education and communications. At the same saying a few minutes ago, there are time, we must also acknowledge that the level where there are such enormous majority of the men and women of our time very good people at work all through- powers. continue to live daily in situations of insecu- out government who would never par- Anytime we come here and debate rity, with dire consequences. Certain ticipate in this sort of behavior. giving government a new power, a new pathologies are increasing, with their psy- My point is that this is the agency agency, a new mandate, or a new juris- chological consequences; fear and despera- that was targeting Americans because diction, we should be cognizant of the tion grip the hearts of many people, even in they were organizing themselves as history of government power. We the so-called rich countries; the joy of life is diminishing; indecency and violence are on conservatives. This is now the agency should be cognizant of what it has that is going to be empowered with the rise; poverty is becoming more and more meant throughout human history. We evident. People have to struggle to live and, new powers it has never had before— should remember why the Framers lim- frequently, to live in an undignified way. the power to force every American to ited that power to begin with—because One cause of this situation, in my opinion, is either buy health insurance or pay a they understood that power could be in our relationship with money, and our ac- fine, buy health insurance or pay a tax. abused. ceptance of its power over ourselves and our In the weeks to come, I am going to In the weeks to come, I know that I, society. Consequently the financial crisis be outlining examples of why giving which we are experiencing makes us forget along with all my colleagues, want to that its ultimate origin is to be found in a government more power than it should get to the bottom of this. We want to have creates situations like this—the profound human crisis. In the denial of the understand from the IRS’ perspective primacy of human beings! We have created potential for situations like this to who was involved in doing this, why new idols. The worship of the golden calf of occur. There was enormous wisdom in this happened, and, more importantly, old (cf. Ex 32:15–34) has found a new and limiting the power of the Federal Gov- what we can do now to make sure this heartless image in the cult of money and the ernment that our Framers had, enor- never, ever happens again, what we can dictatorship of an economy which is faceless mous wisdom in that. That is why they do now to ensure that not just in the and lacking any truly humane goal. specifically said: If this Constitution The worldwide financial and economic cri- IRS but across the government that a sis seems to highlight their distortions and doesn’t give the Federal Government situation like this never happens again above all the gravely deficient human per- this power, it doesn’t have it. We some- so that no matter what your political spective, which reduces man to one of his times forget that lesson from two cen- persuasion may be, no American ever needs alone, namely, consumption. Worse turies later, but we shouldn’t. That is feels afraid to speak out politically be- yet, human beings themselves are nowadays an important limit. cause they may wind up the target of considered as consumer goods which can be I think we can have an honest debate governmental action. used and thrown away. We have begun a about what role government should be throw away culture. This tendency is seen on I yield the floor. the level of individuals and whole societies; playing in our lives and in our econ- The ACTING PRESIDENT pro tem- omy. There could be an honest debate and it is being promoted! In circumstances pore. The Senator from Vermont. like these, solidarity, which is the treasure about that because there is a role for Mr. SANDERS. Mr. President, I ask of the poor, is often considered counter- government to play. There is an impor- unanimous consent to speak for up to productive, opposed to the logic of finance tant role for government to play in our 20 minutes. and the economy. While the income of a mi- country. It can go too far, whether it is The ACTING PRESIDENT pro tem- nority is increasing exponentially, that of in the realm of civil liberties or eco- pore. Without objection, it is so or- the majority is crumbling. This imbalance results from ideologies which uphold the ab- nomic liberties. That is what I think dered. the debate should be focused on in the solute autonomy of markets and financial weeks to come, in addition to getting f speculation, and thus deny the right of control to States, which are themselves charged to the bottom of what has happened INEQUALITY with providing for the common good. A new, here, understanding clearly what has invisible and at times virtual, tyranny is es- happened here. Mr. SANDERS. Mr. President, I ask unanimous consent to have printed in tablished, one which unilaterally and irre- I am involved in another endeavor: mediably imposes its own laws and rules. immigration reform. One of the biggest the RECORD the English translation of Moreover, indebtedness and credit distance impediments to immigration reform remarks made this morning by Pope countries from their real economy and citi- that I am facing—that we are facing— Francis, who addressed the new non- zens from their real buying power. Added to is this distrust of the Federal Govern- resident ambassadors to the Holy See. this, as if it were needed, is widespread cor- ment. It is the belief that they are not There being no objection, the mate- ruption and selfish fiscal evasion which have taken on worldwide dimensions. The will to going to enforce the law. No matter rial was ordered to be printed in the RECORD, as follows: power and of possession has become limit- what we pass or what we put in place, less. they are not going to do it. We tried ENGLISH LANGUAGE TRANSLATION OF POPE Concealed behind this attitude is a rejec- this 20 or 30 years ago, and they didn’t FRANCIS’ ADDRESS FOR THE NEW NON-RESI- tion of ethics, a rejection of God. Ethics, like do it. That is unfortunate. I hope we DENT AMBASSADORS TO THE HOLY SEE: solidarity, is a nuisance! It is regarded as KYRGYZSTAN, ANTIGUA AND BARBUDA, LUX- counterproductive: as something too human, can overcome that. I believe we can be- EMBOURG AND BOTSWANA (16 MAY 2013) cause the truth is that the vast major- because it relativizes money and power; as a Your Excellencies, threat, because it rejects manipulation and ity of Americans—the vast majority of I am pleased to receive you for the presen- subjection of people: because ethics leads to Republicans, Democrats, Independ- tation of the Letters accrediting you as Am- God, who is situated outside the categories ents—are willing to deal with the fact bassadors Extraordinary and Plenipotentiary of the market. These financiers, economists that we have 11 million people living in to the Holy See on the part of your respec- and politicians consider God to be unman- this country illegally so long as we can tive countries: Kytgyzstan, Antigua and Bar- ageable, unmanageable even dangerous, be- ensure that this problem never happens buda, the Grand Duchy of Luxembourg and cause he calls man to his full realization and again in the future. They are willing to Botswana. The gracious words which you to independence from any kind of slavery. deal with that. We have to win their have addressed to me, for which I thank you Ethics—naturally, not the ethics of ide- heartily, have testified that the Heads of ology—makes it possible, in my view, to cre- confidence that, in fact, the measures State of your countries are concerned to de- ate a balanced social order that is more hu- we are going to take are going to pre- velop relations of respect and cooperation mane. In this sense, I encourage the finan- vent that from happening in the future. with the Holy See. I would ask you kindly to cial experts and the political leaders of your We are struggling because people have convey to them my sentiments of gratitude countries to consider the words of Saint

VerDate Mar 15 2010 02:44 May 17, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.050 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3562 CONGRESSIONAL RECORD — SENATE May 16, 2013 John Chrysostom: ‘‘Not to share one’s goods of its power over ourselves and our society is trying to do the right thing in pro- with the poor is to rob them and to deprive . . . The worship of the golden calf of old has tecting middle-class and working fami- them of life. It is not our goods that we pos- found a new and heartless image in the cult lies. There are some in the Congress, sess, but theirs’’ (Homily on Lazarus, 1:6–PG of money and the dictatorship of an economy for example, who believe that govern- 48, 992D), which is faceless and lacking any truly hu- Dear Ambassadors, there is a need for fi- mane goal. ment programs such as Social Secu- nancial reform along ethical lines that rity, Medicare, and Medicaid should be would produce in its turn an economic re- The Pope continued: significantly cut or that maybe govern- form to benefit everyone. This would never- The worldwide financial and economic cri- ment shouldn’t even be involved in theless require a courageous change of atti- sis seems to highlight their distortions and those areas. They believe these pro- tude on the part of political leaders. I urge above all the gravely deficient human per- them to face this challenge with determina- spective, which reduces man to one of his grams are unconstitutional. tion and farsightedness, taking account, nat- needs alone, namely, consumption. Worse If you were to eliminate Social Secu- urally, of their particular situations. Money yet, human beings themselves are nowadays rity, Medicare, and Medicaid, what has to serve, not to rule! The Pope loves ev- considered as consumer goods which can be would happen to tens of millions of eryone, rich and poor alike, but the Pope has used and thrown away. We have begun a people who rely on Social Security for the duty, in Christ’s name, to remind the throw away culture. their retirement, especially at a time rich to help the poor, to respect them, to He also said: when many private pensions have been promote them. The Pope appeals for disin- terested solidarity and for a return to per- Solidarity, which is the treasure of the cut severely? If you make cuts or son-centred ethics in the world of finance poor, is often considered counterproductive, eliminate Medicare for the old or you and economics. opposed to the logic of finance and the econ- undo the Medicare system we know and For her part, the Church always works for omy. turn it into the system our friends in the integral development of every person, In Further quoting the Pope, and I hope the House would like to have, what will this sense, she reiterates that the common everybody listens to this: happen to elderly people when they get good should not be simply an extra, simply a sick and need health care and don’t conceptual scheme of inferior quality tacked While the income of a minority is increas- onto political programmes. The Church en- ing exponentially, that of the majority is have the money in their own pockets courages those in power to be truly at the crumbling. to pay for that? I will tell you what service of the common good of their peoples. Let me repeat that. This is what the will happen. She urges financial leaders to take account Pope said today: This year alone, it is estimated that of ethics and solidarity. And why should While the income of a minority is increas- approximately 45,000 Americans will they not turn to God to draw inspiration ing exponentially, that of the majority is die because they never made it to a from his designs? in this way, a new political doctor on time when they should have and economic mindset would arise that crumbling. This imbalance results from would help to transform the absolute dichot- ideologies which uphold the absolute auton- made it. If you make major cuts in omy between the economic and social omy of markets and financial speculation, Medicare or do away with the basic spheres into a healthy symbiosis. and thus deny the right of control to States, guarantees Medicare now provides, Finally, through you, I greet with affec- which are themselves charged with providing clearly the number of people who will tion the Pastors and the faithful of the for the common good. A new, invisible and at die will simply increase. Catholic communities present in your coun- times virtual, tyranny is established, one If you are 67 years of age and are di- which unilaterally and irremediably imposes tries. I urge them to continue their coura- agnosed with cancer and Medicare is geous and joyful witness of faith and fra- its own laws and rules. Moreover, indebted- ternal love in accordance with Christ’s ness and credit distance countries from their not there for you and you don’t have a teaching. Let them not be afraid to offer real economy and citizens from their real family who has money, what will hap- their contribution to the development of buying power. Added to this, as if it were pen to you? Some of my Republican their countries, through initiatives and atti- needed, is widespread corruption and selfish friends will say: Well, go to charity. tudes inspired by the Sacred Scriptures! And fiscal evasion, which have taken on world- Charity is not going to be there to pro- as you inaugurate your mission, I extend to wide dimensions. The will to power and of vide health care for millions of people. you, dear Ambassadors, my very best wishes, possession has become limitless. In terms of health care, what we assuring you of the assistance of the Roman This is from a speech Pope Francis must point out over and over again be- Curia for the fulfilment of you duties. To made today. I think it is important cause many Americans don’t under- this end, upon you and your families, and that we listen to the Pope on this also upon your Embassy staff, I willingly in- stand it is that our Nation is the only voke abundant divine blessings. issue. Frankly, I have strong disagree- Nation in the industrialized world that Mr. SANDERS. I don’t usually comments with the Catholic Church on does not guarantee health care to all ment much on religious matters, but I issues of women’s rights, issues of gay people as a right of citizenship. was very impressed by what the Pope rights, and a number of other issues. Today, although we hope that will had to say today. In his remarks Pope On this issue of what is happening eco- change in the very near future, 50 mil- Francis called for a revamping of the nomically around the world—the power lion people have no health insurance. global financial system, a system of financial markets; the growing gap Many others have large deductibles or which he pointed out benefits the few, between the very rich and everyone copayments, which keep them from values money over human dignity, and else; the need for government and for going to the doctor when they should. continues to widen the gap between the states around the world to step in and We have invited the Ambassador rich and everybody else. protect the dispossessed; the need to from Denmark to join us in a town While acknowledging the advances understand that money unto itself meeting in Vermont on Saturday. He modern society has made in health means nothing unless it is being used will explain to us how in Denmark, care, education, technology, and other in a way that improves the lives of all among many other countries through- areas, the Pope expressed his concern people—that is a message coming from out the world, they can provide health for the least amongst us. The Pope the Pope. It is a message worth think- care to people that is virtually free said: ing about and discussing. from out-of-pocket expenses and yet We must also acknowledge that the major- f per capita end up spending substan- ity of the men and women of our time con- tially less than we do. He will explain tinue to live daily in situations of insecu- THE IRS to us why the cost of their prescription rity, with dire consequences . . . fear and Mr. SANDERS. In the Senate, I hear drugs is substantially lower than it is desperation grip the hearts of many people, a lot of criticism of government, some in the United States. even in the so-called rich countries; the joy of which is certainly justified. All of In terms of education, this is at a of life is diminishing; indecency and violence are on the rise; poverty is becoming more us, I would hope, are deeply concerned, time when in my State the average col- and more evident. People have to struggle to embarrassed, and disagree with what lege graduate in Vermont leaves school live and, frequently, to live in an undignified the IRS did in terms of picking out one some $28,000 in debt—roughly the na- way. political persuasion in terms of tax-ex- tional average. This is at a time when The Pope went on to say this in his empt status. That is clearly wrong, un- hundreds of thousands of young people rather brief remarks: acceptable, and must be dealt with. cannot afford to go to college, and we One cause of this situation . . . is in our re- Many of my friends attack govern- lose all of their intellectual capabili- lationship with money, and our acceptance ment day after day when government ties and the genius they might provide

VerDate Mar 15 2010 01:33 May 17, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.013 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 16, 2013 CONGRESSIONAL RECORD — SENATE S3563 for our society. In Denmark, college So when we talk about values, it is That is why, Mr. President, in the education is virtually free, including important to assess who we are as aftermath of the deadly Rana Plaza graduate school and medical school. Americans and what we believe in. I be- collapse in Bangladesh and the Wing At a time when in our country mil- lieve most Americans believe we have Star Shoes collapse outside of Phnom lions of people are overworked and un- to do a lot better job at focusing on the Penh, we might have expected outraged derpaid; at a time when we work some needs of the declining and disappearing American companies to take action. of the longest hours of any people in middle class; that we have to create That is not exactly what happened. the industrialized world, when people millions of jobs so our young people do Which member of this multibillion-dol- in Vermont are working not 40 hours a not have outrageously high levels of lar industry will speak out for workers week but 50 hours a week, 60 hours a unemployment and older people who who face hazardous conditions for a week; at a time when people are not lose their jobs have nothing to go back minimum wage—in many cases of just working one job but two jobs, three to; that we have to address the issue of $38 per month—making the clothes we jobs, trying to cobble together an in- high childhood poverty; and we have wear in this country? come; at a time when some employers to, in fact, make sure government Today, Leader REID, Senator HARKIN are hiring people and providing zero va- works for all of the people and not just of Iowa, DURBIN of Illinois, LEVIN of cation time or maybe, if one is lucky, the people on top. Michigan, LEAHY of Vermont, MURRAY a week off, how does it happen that in I would just conclude by recom- of Washington State, ROCKEFELLER of countries such as Denmark people not mending to the Members and to the West Virginia, and I sent a letter to only get 5 weeks’ guaranteed paid vaca- American people they examine the re- some of our leading American retail- tion, but they get another 11 vacation marks made this morning by Pope ers. We are urging retailers such as days? Francis, which I think raise some very Walmart to sign onto a legally binding In this country, we talk a lot about important issues. I think there is a lot family values. However, if you are a global accord to help ensure worker to be learned from those remarks. safety in Bangladesh. We are asking a working-class woman having a baby, With that, I yield the floor, and I you will get some maybe. If you are number of the largest retailers in suggest the absence of a quorum. America to sign onto this legally bind- working for a large enough employer, The ACTING PRESIDENT pro tem- ing global accord to help ensure worker family medical leave may have an im- pore. The clerk will call the roll. pact and you may get some time off to The legislative clerk proceeded to safety in Bangladesh. Remember, as Dr. King wrote some 50 have the baby, but you can’t stay home call the roll. very long to take care of your newborn Mr. BROWN. Mr. President, I ask years ago, injustice anywhere threat- because you will not have any money unanimous consent that the order for ens our ability to create a more just coming in. Millions of folks have a the quorum call be rescinded. world. Signing this accord from our re- baby and go right back to work, put- The ACTING PRESIDENT pro tem- tailers is one step our leading retailers ting the child back in childcare when pore. Without objection, it is so or- can take to help us usher in a new era they would prefer otherwise. How does dered. of justice in this new century. Mr. President, I suggest the absence it happen in countries such as Den- f of a quorum. mark that women get 4 weeks off, fully WORKER PROTECTION paid before they give birth, and then The PRESIDING OFFICER (Mr. months off afterwards to stay home Mr. BROWN. Mr. President, 50 years COWAN). The clerk will call the roll. with the baby, not to mention three- ago, in August 1963, Martin Luther The legislative clerk proceeded to quarters payment from the government King wrote, ‘‘Injustice anywhere is a call the roll. Mr. WHITEHOUSE. Mr. President, I for childcare, while we so poorly man- threat to justice everywhere.’’ When a factory full of human beings ask unanimous consent the order for age that? I think it is time we have a serious collapses in Bangladesh, it matters in the quorum call be rescinded. discussion about values, and that dis- Bucyrus and Boardman and Belle- The PRESIDING OFFICER. Without cussion has to include whether we feel fontaine. When the concrete ceiling of objection, it is so ordered. good about the fact that in this coun- a shoe factory crumbles in Cambodia, Mr. WHITEHOUSE. I ask consent to try so few have so much and so many it matters in Celina and Canton. speak for up to 15 minutes as in morn- have so little. Earlier this month we observed ing business. Do we feel comfortable with the Workers Memorial Day. We paused and The PRESIDING OFFICER. Without growing imbalance in terms of income remembered those Americans who had objection, it is so ordered. and wealth such that the top 1 percent lost their lives on the job. We honor f their memories by passing laws to help owns 38 percent of the wealth and the CLIMATE CHANGE bottom 60 percent owns only 2.3 per- ensure no other child waits by the door cent, and the gap between the billion- for a mother or a father who will never Mr. WHITEHOUSE. Mr. President, I aire class and everybody else is grow- return home from work. am back again to remind this body and ing wider? Out of the ashes of the Triangle Shirt the American people for what I think is As the Pope asked: Are we com- Waste Factory fire 100 years ago in perhaps the 32nd speech on this subject fortable with a financial system where New York City, we fought and won that I have been giving weekly, that it the goal is not to invest in the produc- workplace safety reforms that have is time, indeed it is well past time, for tive economy but to make money for helped save countless lives decade after Congress to wake up to the disastrous itself, such that the top six financial decade after decade in our country. Yet effects of global climate change. The institutions in this country have assets even though we have passed the Occu- famous Mauna Loa Observatory has for equivalent to some 70 percent of the pational Safety and Health Act of 1970, the first time ever hit 400 parts per GDP of the United States—some $9 even though we have a National Labor million of carbon in the atmosphere. trillion—and enormous political power? Relations Board, we still have a moral That is an alarming benchmark to This IRS business people are talking responsibility to be vocal about viola- have hit. about on the floor of the Senate is re- tions to worker safety wherever it hap- What is happening? Over on the lated to the absurd campaign finance pens—whether it happens in Cleveland, House side today they are repealing system we have where big companies in Honolulu, or in Bangladesh. ObamaCare for the 37th time. That is can secretly put hundreds of millions We are interconnected with this the level of seriousness in Washington of dollars into the political process. world. Our economy is linked to the right now. In particular, our oceans— Are we comfortable with a political women and children—to the people— the Presiding Officer represents the system where people can make con- whose names we don’t know, the work- Bay State, I represent the Ocean tributions in secret that end up in the ers we don’t know, who sew labels we State—our oceans face an unprece- political process and then end up on a all know in our shirts and in our sweat- dented set of challenges that come 30-second ad on our TV—money coming ers. American and European retailers from climate change as well as from from billionaires who don’t have to dis- purchase some two-thirds of pollution and energy exploration and close their contributions? Bangladeshi garment production. more.

VerDate Mar 15 2010 02:44 May 17, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.051 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3564 CONGRESSIONAL RECORD — SENATE May 16, 2013 We just have to look around to see it. the rate of sea level rise is increasing. precedented in human history, we are We can look up to the far north and see This matches reports that since 1990, doing little more than putting Band- that the Arctic ice is melting. Indeed, the sea level has been rising faster Aids on a gaping and growing wound. last summer sea ice extant in the Arc- than the rate predicted by the Inter- I want to push back on the idea that tic Ocean hit a record low. governmental Panel on Climate so many of us seem to have accepted, If we go south to the tropic seas, we Change. that we cannot do anything serious on will see that live coral coverage on I have said before: We will continue carbon pollution. In fact, we can. The Caribbean reefs is plummeting. It is to take advantage of the ocean’s boun- tools to do it lie right around us, if down to less than 10 percent today. If ty, as we should. We will trade, we will only we would pick them up and go to we go to the top of the food chain, we fish, and we will sail. We will extract work. will see marine mammals so laden with fuel and harness the wind. We will Very simply, here is my case: Pricing PCBs, flame retardants, mercury, and work our oceans. Navies and cruise carbon is necessary. Make big carbon other bioaccumulative pollutants that ships, sailboats and supertankers will polluters pay a fee to the American many of them are swimming toxic plow their surface. We cannot undo people to cover the cost of dumping waste—living, swimming toxic waste. this part of our relationship with the their waste into our atmosphere and If we go to the very bottom of the sea. What we can change is what we do oceans—a cost they now push off on to food chain, we will see that the popu- in return. For the first time we can be- the rest of us—and return that fee to lation of phytoplankton—some of our come not just takers but caretakers of the American people. smallest ocean inhabitants and the our oceans. At present, however, political condi- basic building block for the oceanic We are beginning to take some baby tions in Congress do not allow us to food chain—has dropped 40 percent dur- steps. Last week, the Senate voted 67 price carbon. It is necessary. Political ing the 20th century. to 32 to authorize a national endow- conditions do not allow us to do it, so If we go far away from where we are, ment for the oceans, coasts, and Great we must change those political condi- we will reach the great Pacific garbage Lakes, which is a funding stream for tions. patch, which is growing and swirling research, restoration, and protection of Changing the political conditions about the northern Pacific Ocean. our marine and coastal resources. I will require three actions: No. 1, there Close to my home—and near the Pre- hope that before long we can find a way has to be a regulatory threat to the siding Officer’s home—is Narragansett to fund it by working with all of my polluters. No. 2, there must be a polit- Bay, which is 4 degrees warmer in the colleagues. The famous ocean explorer ical threat to the deniers here in the winter than it was a few decades ago. Senate and in Congress. No. 3, those of Globally, the most threatening chal- Bob Ballard has described as ‘‘a major lenge, and the force behind many oth- problem . . . the disconnect between us who wish to limit carbon pollution ers, is ocean acidification. Our oceans the importance of oceans and the mea- must gather the armies that are on our have absorbed more than 550 billion ger funds we as a nation invest to not side. Let me go through those steps. First, tons of our carbon pollution. Try to only understand their complexity, but wrap your head around a number that become responsible stewards of the as long as the polluters and their allies big. That is the carbon the ocean has bounty they represent.’’ control Congress, legislative action is absorbed from the excess we have This endowment—if we can get it unlikely. That means we have to rely pumped into the atmosphere. over the remaining legislative hurdles on the executive branch for regulatory The result is pretty clear, and it is a and get it funded—will help us become action—very strong regulatory action matter of basic chemistry. The oceans more responsible stewards of that that will change the equation for the have become more acidic. Indeed, they bounty. It will help us better respond polluters. That is the test. Will it have become 30 percent more acidic. By to oilspills, it will help coastal States change the equation for the polluters? the way, that is a measurement, not a protect or relocate coastal infrastruc- The status quo is a win for the pol- theory. ture, and it will help our fisheries and luters. They pollute for free. Change By the end of this century, the in- marine industries take part in eco- that balance, and it will not take them crease could be as much as 160 percent nomically important conservation ef- long to come to Congress. Why? Be- more acidic. That makes life a lot forts. cause regulatory action puts costs di- harder for species such as oysters, I sincerely appreciate the support rectly on the polluters but creates no crabs, lobsters, corals, and even those shown for this amendment by col- revenues for them. A carbon pollution plankton that comprise the base of the leagues from every region of the coun- fee, now that creates revenues. A por- food web. try and both sides of the aisle. Pro- tion of that could offset their costs of Ocean temperatures are changing tecting the oceans upon which our transitioning to a green economy. dramatically—also driven by carbon communities and our economy depend If that is the choice they have—regu- pollution. Sea surface temperatures in is neither a Democratic nor a Repub- lation with no revenues or a fee they 2012, from the Gulf of Maine to Cape lican objective, and there ought to be a can get revenues from—it becomes in Hatteras, were the highest ever re- great deal of agreement on the need to their interest to strike a deal in Con- corded in 150 years. By the way, that is meet these challenges. gress. This regulatory step in the exec- another measurement. We also see that agreement in the bi- utive branch will, however, require an Fish stocks are shifting northward partisan Senate Oceans Caucus, which awakening at the White House. with some disappearing from U.S. works to increase awareness of and find Second, to create a meaningful polit- waters as they move farther offshore. common ground on issues facing the ical threat, the advocates out there for As we know, when the temperature oceans and coasts. our climate and our oceans will need to rises, water expands in volume. On top My fellow cochair Senator MUR- employ all of the sophisticated polit- of that, fresh water pours out of Arctic KOWSKI, honorary cochair Senator ical tools the polluters use—all the po- snowpacks and ice sheets that are MARK BEGICH, Senator Mark Wicker, litical artillery of the post-Citizens melting, and as a result sea levels are and all of our partners are working to United world. rising. stop illegal, unregulated, and unre- There is an expression that you Tide gauges in Newport, RI, show an ported fishing. We are working to clean should not bring a knife to a gunfight. increase in average sea level of 10 up marine debris and collect baseline Right now climate advocates bring not inches since 1930. That is a big deal scientific data so we can make policy- even a knife but a feather to this gun- when we in Rhode Island think of how informed decisions. This is important fight. It is no wonder we lose. When devastating the great hurricane of 1938 work. It demonstrates the good both deniers in Congress see real artillery was to our shores and what more would parties can accomplish when we come coming on the political field against now befall us with 10 more inches of together. I look forward to getting it them, some will rethink. sea for such a storm to throw at our done, but it is not enough. Until we ad- Third, and last, is gathering the ar- shores. dress what is causing our oceans to mies. There is astonishingly wide sup- At these tide gauges, measurements change so drastically, until we protect port for action on climate. Obviously show not only the sea level rising but our planet from carbon pollution un- environmental groups support this, as

VerDate Mar 15 2010 01:33 May 17, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.055 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 16, 2013 CONGRESSIONAL RECORD — SENATE S3565 well as the green energy and invest- dealerships. It also provides customers these heroes to our Nation’s Capital ment industry, our national security with an extensive parts inventory and this weekend. I ask unanimous consent officials, property casualty insurers broad service capabilities. Whayne that the following names be printed in and reinsurers, young people—such as Supply Company is currently owned by the RECORD. the growing college movement for coal Monty Boyd, who became president of There being no objection, the mate- divestment—faith groups, many utili- Whayne Supply in 2005 after working rial was printed in the RECORD, as fol- ties, celebrities, hunting, fishing, out- for the company in various roles for 25 lows: door, conservation groups, retailers, years. Under Mr. Boyd’s leadership, Douglas M Alexander, Woodrow W Archer, such as Apple, Coca-Cola and Nike, Whayne has grown to employ over 1,300 Ralph W Arnold, Tim M Babcock, Peter E labor groups, mayors, local officials, people and operate 15 facilities across Bakken, Norman F Balko, Burl E Baty, and the public. The public is with us, Kentucky and southern Indiana. Henry F Beckman, Harold M Brown, Charles and the polls show that. Whayne’s home office is in Louis- L Bullis, Lester E Crouse, Stuart Ellison, The problem: Most of this support is ville, and it operates other branches in Frederick L Ernst, Thomas E Francis, Merle latent and unorganized. None of these Ashland, Bowling Green, Corbin, Dry M Green, Francis W Grove. Harry P Hayden, Bernard J Heetderks, groups feel they can carry this battle Ridge, Elizabethtown, Hazard, Hop- on their own; yet if they choose to Paul L Hickman, Joseph Hucke, Maurice C kinsville, Lexington, Owensboro, Padu- Knutson, John C Kindelman, Leonard E unite, create an allied command, as- cah, Pikeville, and Somerset, as well as Kuffel, Donald M Lilienthal, Harry M semble these various divisions and join in Evansville, Indiana, and Jefferson- Merlak, John L Mulford, Antone F O’Dea, in on a strategy that deploys them all ville, IN. Lewis A Paschke, Billy M Paul, Oscar S effectively into action, that latent The Whayne Supply Company in- Peterson, Charles F Petranek, Hardy J strength becomes potent strength, and tends to mark its 100th anniversary Pugliano, Charles F Romee, Raymond R that is a game changer. throughout 2013 by recognizing its em- Rumfelt, Paul T Ringling. When the polluting industry is look- ployees and customers and holding a Dorothy K Roeder, Lester T Rutledge, ing down the barrel of a regulatory Frank J Schledorn, William K Schultz, Mau- series of community service projects. rice W Shoemaker, Duane Steinke, Robert L gun, when their political allies are With the company’s ties to all regions fearful of a strongly backed political Stewart, Ralph W Stodden, John W Todd, of the State, I am sure many Kentuck- Lawrence F Thomas, Kenneth Torgrimson, operation—backed also by the Amer- ians will have occasion to note this an- John D Walsh, Roman T Wuertz, George J ican people—when mobilized and moti- niversary and reflect on Whayne Wright, Mike N Steiner, Harry H Knodel, Au- vated forces from a wide swath of the Supply’s century of service. drey Manuel. economy and multiple sectors are all Mr. President, I know my colleagues Stanley R Kniepkamp, Leo F Staat, Frank active, the political landscape then in the Senate join me in commending P Scotten, Dean H Elliott, Joseph H Cook, shifts dramatically and a price on car- the Whayne Supply Company for 100 Donald F David, Robert L Tillery, Bishop S Everingham, Oliver R Germann, Paul bon is achievable. years of operations and saluting them I propose to the American people, to Hafner, Robert Barnhart, Leonard E Gissler, for their commitment to the people of those who believe it is time to wake up Thomas W Huff, Leo H Drain, Rolland Kentucky. and take action, to fend off devastating Karlin, Doris A Adolph, Alfred J Adolph, changes to our oceans and our climate: f Vernon L Phillips. Colin F Glasgow, Leroy Bourque, John P Let us be not faint of heart. Let us WORLD WAR II VETERANS VISIT Dillon, Bryon N Manley, Sebastian Messer, have the strength of our convictions Mr. BAUCUS. Mr. President, I rise to Raymond A Grossman, Ben J Raisland, Rob- and get to work and get this done. We recognize a very important event that ert J O’Connell, Alfred J Falcon, Vernon E can do it. The tools to do it already lie will be occurring this Sunday and Mon- Locke, George Schuyler, Robert Kovash, all around us. This can all take place day: 85 World War II veterans from Donald R Anderson, Robert G Orlando, Earl K Warne. quite rapidly. Let’s get it done. Montana will take part in the fourth I yield the floor. Big Sky Honor Flight and come to Mr. TOOMEY. Mr. President, as a f Washington, DC, to visit their monu- proud co-sponsor of S. Res. 140, I was RECOGNIZING THE WHAYNE ment—the WWII Memorial. delighted by the Senate’s unanimous SUPPLY COMPANY Their trip is hosted by the Big Sky passage this week of legislation com- Honor Flight Program. The mission is memorating the dedication and sac- Mr. MCCONNELL. Mr. President, I rifice made by Federal, State and local rise today to congratulate the Whayne to recognize American veterans for law enforcement officers who have Supply Company, a leader in Kentucky their sacrifices and achievements by been killed or injured in the line of businesses and one of the Nation’s old- flying them to Washington, DC, to see duty. est and largest Caterpillar dealerships, their memorials at no cost. The pro- As our Nation celebrates National for reaching the milestone of 100 years gram, which has already flown more Police Week, I wish to honor five he- in operation. That is a full century of than 250 Montana veterans to visit the serving the needs of Kentucky’s con- memorials, is generously funded by roes who gave their lives in service to struction, mining, agriculture, and in- businesses, student groups, and folks the people of the Commonwealth of dustrial markets; a full century of em- all across Montana. Pennsylvania in 2012. Like 120 other ploying Kentuckians; and a full cen- These veterans come from all parts of law enforcement officers across the tury of expanding opportunity across our great State, and while they are in U.S., they died in the line of duty, join- the Commonwealth. Washington, they will see the WWII ing the ranks of the 21,465 officers who Whayne Supply Company was found- Memorial and other monuments and have similarly given their lives since ed in 1913 by Mr. Roy C. Whayne, Sr. At enjoy a banquet honoring their service 1791. the time of the firm’s founding, he was to the country. This week we honor Trooper First its sole employee, and the business This is a special 2 days for this group Class Blake T. Coble, Police Officer consisted of selling light engines, of heroes, but it is also a time to give Bradley Michael Fox, Police Officer pumps, wheelbarrows, and bicycles. In thanks for courage and sacrifice of all Moses Walker Jr., Police Officer Brian 1925, the company began its long and our veterans and service members. It is J. Lorenzo and Patrolman Avery Free- continued association with Caterpillar, a time to reflect on the sacrifices made man. Additionally we honor their fami- one of the world’s largest manufactur- by those who fought on the frontlines lies who must bear the profound ab- ers of construction and mining equip- in Europe and the Pacific, on the bat- sence of their loved ones. ment. Today Whayne is also the dealer tlefields of Korea, in the jungles of On behalf of all Pennsylvanians I ex- for Thomas Built Buses, Challenger, Vietnam, the deserts of Iraq, and those tend my condolences to the families Lexion, Trail King, Mirenco, Sullair, who are currently fighting in the and friends of these heroes. We mourn Allmand, and other lines of construc- mountains of Afghanistan. We must the loss of these remarkable men and tion, industrial, mining, paving, and not forget their sacrifices. women who represented the best of agricultural equipment. I am so pleased I will be able to meet their communities and whose memory Today Whayne is consistently ranked with these courageous Montanans. I will serve as an inspiration for future as one of the country’s top Caterpillar ask the Senate to join me in welcoming generations.

VerDate Mar 15 2010 02:44 May 17, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.056 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3566 CONGRESSIONAL RECORD — SENATE May 16, 2013 RECOGNIZING LAW ENFORCEMENT against terrorism during the Boston house, the Barker House, the Roanoke OFFICERS Marathon bombing. River Lighthouse, Edenton Cotton Mr. BOOZMAN. Mr. President, in Ar- In order to keep our communities Mill, the Cupola House, and the second kansas, our law enforcement history safe, we are challenged to develop the oldest church building in North Caro- runs deep. Take my hometown of Fort newest training techniques and prepare lina, Saint Paul’s Episcopal Church. Smith, for example, where the U.S. for a wide range of incidents. We have Because of the community’s tireless Marshals Service played an integral great resources in Arkansas that pro- efforts to preserve its heritage and pro- part in shaping the city’s unique role vide our officers with advanced train- mote the arts and culture, I doubt any- in our country’s westward expansion. ing. one visiting Edenton today would be Many people in the area today find I thank the law enforcement officers surprised to learn that it received the their family roots trace back to a U.S. in Arkansas and across the country distinguished Forbes.com award as one Marshal. who dedicate their lives to protecting of America’s Prettiest Towns. From an early age we were taught our children and communities and seek I am proud to join the entire Edenton about Judge Isaac Parker’s efforts to to bring criminals to justice. These he- community in congratulating them on bring order to Indian Territory, and roes come to our rescue when we need this historic occasion. great lawmen such as Deputy U.S. Mar- help and I am committed to providing f them with the tools and the resources shal Bass Reeves helped lay the founda- ADDITIONAL STATEMENTS tion that highlighted Fort Smith’s they need to fulfill their responsibil- chapter in the history of the U.S. Mar- ities. shals Service. We have a lot to be f TRIBUTE TO LIEUTENANT thankful for as we honor these brave EDENTON, NORTH CAROLINA GENERAL MICHAEL BARBERO men and women as part of National Po- ∑ Mr. CASEY. Mr. President, I would lice Week. Mr. BURR. Mr. President, today I May 15 marks Peace Officers Memo- wish to pay homage to the beautiful like to recognize the service of LTG rial Day. Each May during National Town of Edenton, NC. I join its citi- Michael D. Barbero, the director of the Police Week we honor the men and zens, its friends, and city and State Joint Improvised Explosive Device De- women who died in the line of duty by leaders in celebrating their historic feat Organization, JIEDDO, who will adding their names to the National 300th anniversary. Originally known as retire from service on May 17, 2013. Law Enforcement Officers Memorial. the Town on Queen Anne’s Creek, Lieutenant General Barbero has hon- This year 321 names will be added to Edenton was renamed after the death orably served his country for more the memorial including Arkansas De- of the first man appointed by the than three decades. Since graduating partment of Correction SGT Barbara Crown as ‘‘full’’ Governor of North from the U.S. Military Academy at Ester, who died in January 2012, and Carolina, Charles Eden, in 1722. West Point in 1976 as an infantry offi- former Johnson County Sheriff John The first Colonial Capital until 1743, cer, LTG Barbero has commanded Hall Powers who was shot and killed Edenton citizens were widely known troops at every level. He is a veteran of while trying to stop a bank robbery in for their steadfast values and dedica- Operation Iraqi Freedom, having 1902. tion to a free society. Edenton’s Penel- served 4 years in Iraq over three sepa- The tradition of courageous public ope Barker was the first woman to or- rate tours. From 2003–2004, he served as service is carried on today by the men ganize a political event in the colonies the assistant division commander of and women who keep communities when she gathered women from the re- the 4th Infantry Division. He next across the country safe 24 hours a day. gion to a petition to King George op- served in Iraq as the deputy chief of They truly are on the front lines, walk- posing taxation. The son of Edenton’s staff, Strategic Operations at Multi- ing some of the toughest beats in James Iredell, Sr., was nominated by National Force-Iraq during ‘‘the surge’’ America, and keeping our streets safe. President George Washington to serve in 2007 and 2008. Immediately prior to More brave men and women opt to on the first U.S. Supreme Court, and his time as director of JIEDDO, he was follow their lead in a career in law en- was confirmed the very next day at deployed in Iraq for a final time from forcement every day. I recently had the only 38-years-old. Edentonian Hugh 2009–2011. During this deployment, honor of handing out diplomas to grad- Williamson signed the U.S. Constitu- Lieutenant General Barbero was re- uates of the Black River Technical Col- tion and effectively argued for the in- sponsible for the training, equipping, lege Law Enforcement Training Acad- clusion of the Bill of Rights. and development of all Iraqi security emy in Pocahontas, AR. Graduates of Edentonians have long been a proud forces and building the ministerial ca- this program follow different tracks in community committed to our Nation’s pabilities of both the Ministries of In- police work such as crime scene inves- founding principles. terior and Defense, while serving si- tigation, criminal training and police The Chowan County Courthouse in multaneously as the commander of training with hands-on instruction and Edenton is not only North Carolina’s Multi-National Security and Transi- the currently available resources to oldest courthouse, but also the State’s tion Command-Iraq and the com- allow for the best work possible. The oldest government building. It is still mander of the NATO Training Mission- program produced a great group of in use today. The impressive building, Iraq. Among his many decorations, graduates who are excited to use the of southern Georgian architecture, was Lieutenant General Barbero has been skills they learned in the field. built in 1767 on a plot of land first sur- awarded the Defense Distinguished We recognize, not only during this veyed in 1712. Today, it is recognized as Service Medal, the Legion of Merit, week, but all year long, the devotion of a National Historic Landmark. One of and the Bronze Star Medal. the 900,000 law enforcement officers the signers of the Declaration of Inde- As chairman of the Near Eastern and who put their lives on the line every pendence, Joseph Hewes, a long-time South Central Asian Affairs Sub- day to make our communities safer. Edenton resident, was instrumental in committee of the Senate Foreign Rela- Law enforcement faces unique chal- making the courthouse a reality. tions Committee, I have worked close- lenges today and we are working to Thanks to the Town of Edenton, Cho- ly with LTG Barbero in an effort to provide the best tools and training to wan County, the Edenton Historical stem the flow of IED precursor mate- prepare these men and women for un- Commission, Chowan County Tourism rials from Pakistan into Afghanistan. predictable situations. As our world Development Authority and many cit- These homemade explosive, HME, ma- changes, so do the threats we face. The izen leaders, the town’s treasured his- terials pose the biggest threat to our key to being equipped for these unex- toric sites remain healthy and pre- service men and women and are respon- pected events is to prepare for these served. These treasures not only serve sible for far too many casualties. Under emerging threats. That is why a lot of to teach us about our Nation’s rich her- General Barbero’s leadership, JIEDDO law enforcement training today focuses itage, but they also boost our economy has made significant strides in working on domestic terrorism. Look no further and attract people interested in our with various departments, the inter- than the Boston Police Department Nation’s history from around the agency, the intelligence community, that became the first line of defense world. These include the 1767 Court- and the Government of Pakistan, to

VerDate Mar 15 2010 01:33 May 17, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.037 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 16, 2013 CONGRESSIONAL RECORD — SENATE S3567 create a whole-of-government approach weather radar pictures to South Da- throughout the country and in 2001 was to combat these dangers by not only kota homes, and the December launch the most widely read paper in the reducing the flow of HME, but also by of Keloland.com, which gave South Da- country. helping to eliminate the enemy net- kotans the ability for the first time to Neuharth’s career also included be- works that seek to use these materials check their local news online. In 2011, coming the chairman and CEO of Gan- for the nefarious purposes of harming KELOLAND made two more cutting- nett Co., Inc., where he oversaw a dras- our troops, attacking civilian popu- edge technology advancements by cre- tic expansion of the company’s hold- lations, and furthering instability. ating their first mobile phone app, in ings. In 1991, Neuharth founded Free- General Barbero has approached his February, followed by offering full high dom Forum, a nonpartisan inter- work with a high degree of trans- definition broadcasting in October. national foundation dedicated to free parency, integrity, and focus. Few mis- KELOLAND has provided critical in- press, free speech, and free spirit to all sions are as important as JIEDDO’s in formation for the State of South Da- people. Freedom Forum funds and oper- working to defeat the IED as a weapon kota for 60 years; however, its impact ates the Newseum, a museum dedicated of strategic influence. Lieutenant Gen- on the region and the community it to the history and impact of jour- eral Barbero carried out that mission serves does not stop there. In the nalism. In 1999, Neuharth was honored superbly. No one has done more or spring of 1998, a violent tornado tore for his lifetime achievements by the worked harder to find ways to counter through the town of Spencer, and in an National Press Foundation with the the threat posed by IEDs. I have espe- effort to help rebuild the Spencer com- Distinguished Contributions to Jour- cially appreciated his efforts to encour- munity, KELOLAND organized a tele- nalism Award. age others across government to do all thon to assist the victims of the trag- Al Neuharth passed away on April 19, they can in order to maintain a level of edy. The telethon was a success and 2013, at Cocoa Beach, FL, at the age of preparedness to deal with this asym- raised more than $1 million. 89. He will be forever remembered for metric threat. Under his leadership, KELOLAND’s commitment to excel- his impact on journalism and will al- JIEDDO further improved its processes lence and to its service to the region ways be one of South Dakota’s favorite and control measures to make for a has not only been recognized by South sons.∑ more effective and efficient organiza- Dakotans but also on a national stage. tion that will be a model for other Along with winning 10 regional Emmy f leaders to emulate. Awards, KELOLAND, in August of 2000, I have gotten to know LTG General was awarded an Emmy for its out- MESSAGES FROM THE PRESIDENT Michael Barbero well during his tenure standing public service. Messages from the President of the at JIEDDO. He is an inspiring leader, a KELOLAND’s commitment to service United States were communicated to fine example for his fellow servicemem- to the State of South Dakota makes it the Senate by Mr. Pate, one of his sec- bers, and a fellow Pennsylvanian. I am an honor to congratulate them on their retaries. proud to share in the celebration of 60th anniversary of broadcasts and Lieutenant General Barbero, his ex- wish them another 60 years of success.∑ f traordinary leadership of JIEDDO, and f his distinguished military service.∑ EXECUTIVE MESSAGES REFERRED REMEMBERING AL NEUHARTH f As in executive session the Presiding ∑ Mr. THUNE. Mr. President, I wish RECOGNIZING KELOLAND TV Officer laid before the Senate messages today to honor the life and accomplish- from the President of the United ∑ Mr. THUNE. Mr. President, today I ments of Al Neuharth. States submitting sundry nominations wish to recognize KELOLAND TV’s Al Neuharth was born in Eureka, SD, which were referred to the appropriate 60th anniversary. Opening their doors on March 22, 1924, where he spent his committees. on May 19, 1953, KELOLAND became childhood years. Al’s passion for jour- (The messages received today are South Dakota’s first television station. nalism was evident at a very young age printed at the end of the Senate pro- Over the past 60 years, KELOLAND has when at 11 he began his first job work- ceedings.) been a source for critical information ing as a newspaper carrier in his home- and programming to countless South town. In high school, Al began writing f Dakotans. for his school newspaper and later be- Providing timely news, weather, and came editor. MESSAGE FROM THE HOUSE sports across the rural and vast South Soon after his graduation, Neuharth At 11:39 a.m., a message from the Dakota plains is no simple task, but enlisted in the Army. Al honorably House of Representatives, delivered by through hard work and dedication, served his country during World War II Mrs. Cole, one of its reading clerks, an- KELOLAND has served South Dakota in the 86th Infantry Division, under nounced that the House has passed the with continuous and critical coverage General Patton’s 3rd Army. During his following bills, in which it requests the of all the news of the day. Through time in the service, Neuharth was concurrence of the Senate: challenging times in South Dakota, awarded the Bronze Star and the Com- H.R. 356. An act to clarify authority grant- KELOLAND has been a mainstay for bat Infantryman’s Badge for his brav- ed under the Act entitled ‘‘An Act to define viewers in the region to turn to for up- ery. the exterior boundary of the Uintah and to-date coverage of the events and hap- After the war, Neuharth moved back Ouray Indian Reservation in the State of penings in their local communities. In to South Dakota, where he enrolled at Utah, and for other purposes’’. October of 1954, KELOLAND offered its the University of South Dakota. In H.R. 384. An act to transfer the position of first live programming, which led 1950, he graduated with a degree in Special Assistant for Veterans Affairs in the shortly after to KELOLAND offering Journalism and upon graduation began Department of Housing and Urban Develop- the first live sporting event in Feb- working at the Associated Press in ment to the Office of the Secretary, and for Sioux Falls, launching a historic ca- other purposes. ruary of 1957. On March 11, 1955, ‘‘Cap- H.R. 573. An act to amend Public Law 93– tain 11’’ signed on for the first time. reer. 435 with respect to the Northern Mariana Is- Little did they know that ‘‘Captain 11’’ In 1953, Neuharth moved to Florida lands, providing parity with Guam, the Vir- would become the longest continuous to work for the Miami Herald. After gin Islands, and American Samoa. running children’s program in the spending several years at the Herald, in H.R. 701. An act to amend a provision of world. ‘‘Captain 11’’ ran for 42 years be- 1960 Neuharth left to work at the De- the Securities Act of 1933 directing the Secu- fore signing off for the last time on De- troit Free Press. In 1966, Neuharth rities and Exchange Commission to add a cember 28, 1996. launched a new paper called ‘‘Today,’’ particular class of securities to those ex- In September of 1968, KELOLAND which would later become ‘‘Florida empted under such Act to provide a deadline for such action. added live color cameras. The year 1997 Today’’ and eventually grow into the H.R. 767. An act to amend the Energy Pol- was very busy for KELOLAND due to USA TODAY which was published for icy Act of 2005 to modify the Pilot Project the September introduction of the Live the first time on September 15, 1982. offices of the Federal Permit Streamlining Doppler Network, which brought live The USA TODAY would grow rapidly Pilot Project.

VerDate Mar 15 2010 01:35 May 17, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.043 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3568 CONGRESSIONAL RECORD — SENATE May 16, 2013 MEASURES REFERRED 2012, with respect to Yemen; to the Com- Plan Revision to Approved Motor Vehicle mittee on Banking, Housing, and Urban Af- Emissions Budgets’’ (FRL No. 9812–4) re- The following bills were read the first fairs. ceived during adjournment of the Senate in and the second times by unanimous EC–1532. A communication from the Gen- the Office of the President of the Senate on consent, and referred as indicated: eral Counsel of the Federal Housing Finance May 10, 2013; to the Committee on Environ- H.R. 356. An act to clarify authority grant- Agency, transmitting, pursuant to law, the ment and Public Works. ed under the Act entitled ‘‘An Act to define report of a rule entitled ‘‘Executive Com- EC–1541. A communication from the Direc- the exterior boundary of the Uintah and pensation’’ (RIN2590–AA12) received in the tor of the Regulatory Management Division, Ouray Indian Reservation in the State of Office of the President of the Senate on May Environmental Protection Agency, transmit- Utah, and for other purposes’’; to the Com- 13, 2013; to the Committee on Banking, Hous- ting, pursuant to law, the report of a rule en- mittee on Energy and Natural Resources. ing, and Urban Affairs. titled ‘‘Approval and Promulgation of Imple- H.R. 384. An act to transfer the position of EC–1533. A communication from the Senior mentation Plans; North Carolina; State Im- Special Assistant for Veterans Affairs in the Vice President, Controller and Chief Ac- plementation Plan Miscellaneous Revisions’’ Department of Housing and Urban Develop- counting Officer, Federal Home Loan Bank (FRL No. 9813–5) received during adjournment to the Office of the Secretary, and for of Boston, transmitting, pursuant to law, the ment of the Senate in the Office of the Presi- other purposes; to the Committee on Bank- Bank’s 2012 Management Report and state- dent of the Senate on May 10, 2013; to the ing, Housing, and Urban Affairs. ment of the system of internal control; to Committee on Environment and Public H.R. 573. An act to amend Public Law 93– the Committee on Banking, Housing, and Works. 435 with respect to the Northern Mariana Is- Urban Affairs. EC–1542. A communication from the Direc- lands, providing parity with Guam, the Vir- EC–1534. A communication from the Senior tor of the Regulatory Management Division, gin Islands, and American Samoa; to the Vice President and Chief Financial Officer, Environmental Protection Agency, transmit- Committee on Energy and Natural Re- Federal Home Loan Bank of New York, ting, pursuant to law, the report of a rule en- sources. transmitting, pursuant to law, the Bank’s titled ‘‘Revocation of TSCA Section 4 Test- H.R. 701. An act to amend a provision of 2012 Management Report; to the Committee ing Requirements for One High Production the Securities Act of 1933 directing the Secu- on Banking, Housing, and Urban Affairs. Volume Chemical Substance’’ (FRL No. 9369– EC–1535. A communication from the Direc- rities and Exchange Commission to add a 1) received during adjournment of the Senate tor, Office of Management and Budget, Exec- particular class of securities to those ex- in the Office of the President of the Senate utive Office of the President, transmitting, empted under such Act to provide a deadline on May 10, 2013; to the Committee on Envi- pursuant to law, a report relative to the Re- for such action; to the Committee on Bank- ronment and Public Works. ducing Flight Delays Act of 2013; to the Com- ing, Housing, and Urban Affairs. EC–1543. A communication from the Chief mittee on the Budget. H.R. 767. An act to amend the Energy Pol- of the Publications and Regulations Branch, EC–1536. A communication from the Direc- icy Act of 2005 to modify the Pilot Project Internal Revenue Service, Department of the tor of Congressional Affairs, Nuclear Reactor offices of the Federal Permit Streamlining Treasury, transmitting, pursuant to law, the Regulation, Nuclear Regulatory Commis- Pilot Project; to the Committee on Energy report of a rule entitled ‘‘Update of Weighted sion, transmitting, pursuant to law, the re- and Natural Resources. Average Interest Rates, Yield Curves, and port of a rule entitled ‘‘Probabilistic Frac- Segment Rates’’ (Notice 2013–23) received f ture Mechanics Evaluation for the Boiling during adjournment of the Senate in the Of- EXECUTIVE AND OTHER Water Reactor Nozzle-to-Vessel Shell Welds fice of the President of the Senate on May 10, and Nozzle Blend Radii’’ received during ad- COMMUNICATIONS 2013; to the Committee on Finance. journment of the Senate in the Office of the EC–1544. A communication from the Chief The following communications were President of the Senate on May 10, 2013; to of the Publications and Regulations Branch, laid before the Senate, together with the Committee on Environment and Public Internal Revenue Service, Department of the accompanying papers, reports, and doc- Works. Treasury, transmitting, pursuant to law, the uments, and were referred as indicated: EC–1537. A communication from the Direc- report of a rule entitled ‘‘Proportional Meth- tor of the Regulatory Management Division, od for OID on Pools of Credit Card Receiv- EC–1527. A communication from the Direc- Environmental Protection Agency, transmit- ables’’ (Rev. Proc. 2013–26) received during tor of Regulations and Policy Management ting, pursuant to law, the report of a rule en- adjournment of the Senate in the Office of Staff, Food and Drug Administration, De- titled ‘‘Approval and Promulgation of Air the President of the Senate on May 10, 2013; partment of Health and Human Services, Quality Implementation Plans; Ohio; Can- to the Committee on Finance. transmitting, pursuant to law, the report of ton-Massillon 1997 8-Hour Ozone Mainte- EC–1545. A communication from the Sec- a rule entitled ‘‘Irradiation in the Produc- nance Plan Revision to Approved Motor Ve- retary of Education, transmitting, pursuant tion, Processing, and Handling of Animal hicle Emissions Budgets’’ (FRL No. 9812–2) to law, the report of a rule entitled ‘‘William Feed and Pet Food; Electron Beam and X– received during adjournment of the Senate D. Ford Federal Direct Loan Program’’ Ray Sources for Irradiation of Poultry Feed in the Office of the President of the Senate (RIN1840–AD13) received in the Office of the and Poultry Feed Ingredients’’ (Docket No. on May 10, 2013; to the Committee on Envi- President of the Senate on May 14, 2013; to FDA–2012–F–0178) received in the Office of ronment and Public Works. the Committee on Health, Education, Labor, the President of the Senate on May 13, 2013; EC–1538. A communication from the Direc- and Pensions. to the Committee on Agriculture, Nutrition, tor of the Regulatory Management Division, EC–1546. A communication from the Sec- and Forestry. Environmental Protection Agency, transmit- retary of Health and Human Services, trans- EC–1528. A communication from the Sec- ting, pursuant to law, the report of a rule en- mitting, pursuant to law, the Performance retary of Defense, transmitting a report on titled ‘‘Approval and Promulgation of Air Report for fiscal year 2012 for the Prescrip- the approved retirement of Admiral James Quality Implementation Plans; Indiana; Sul- tion Drug User Fee Act (PDUFA); to the G. Stavridis, United States Navy, and his ad- fur Dioxide and Nitrogen Dioxide Ambient Committee on Health, Education, Labor, and vancement to the grade of admiral on the re- Air Quality Standards’’ (FRL No. 9811–6) re- Pensions. tired list; to the Committee on Armed Serv- ceived during adjournment of the Senate in EC–1547. A communication from the Sec- ices. the Office of the President of the Senate on retary of Health and Human Services, trans- EC–1529. A communication from the Direc- May 10, 2013; to the Committee on Environ- mitting, pursuant to law, reports entitled tor of Defense Procurement and Acquisition ment and Public Works. ‘‘The 2012 National Healthcare Quality Re- Policy, Department of Defense, transmit- EC–1539. A communication from the Direc- port’’ and ‘‘The 2012 National Healthcare ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, Disparities Report’’; to the Committee on titled ‘‘Defense Federal Acquisition Regula- Environmental Protection Agency, transmit- Health, Education, Labor, and Pensions. tion Supplement; System for Award Manage- ting, pursuant to law, the report of a rule en- EC–1548. A communication from the Sec- ment Name Changes, Phase 1 Implementa- titled ‘‘Approval and Promulgation of Air retary of Education, transmitting, pursuant tion’’ ((RIN0750–AH87) (DFARS Case 2012– Quality Implementation Plans; Minnesota; to law, a report entitled ‘‘U.S. Department of D053)) received in the Office of the President Flint Hills Resources Pine Bend’’ (FRL No. Education Fiscal Year 2012 Annual Perform- of the Senate on May 13, 2013; to the Com- 9811–7) received during adjournment of the ance Report and Fiscal Year 2014 Annual mittee on Armed Services. Senate in the Office of the President of the Performance Plan’’; to the Committee on EC–1530. A communication from the Assist- Senate on May 10, 2013; to the Committee on Health, Education, Labor, and Pensions. ant Secretary of the Army (Manpower and Environment and Public Works. Reserve Affairs), transmitting, pursuant to EC–1540. A communication from the Direc- f law, an annual report relative to recruit- tor of the Regulatory Management Division, REPORTS OF COMMITTEES ment incentives; to the Committee on Environmental Protection Agency, transmit- Armed Services. ting, pursuant to law, the report of a rule en- The following reports of committees EC–1531. A communication from the Presi- titled ‘‘Approval and Promulgation of Air were submitted: dent of the United States, transmitting, pur- Quality Implementation Plans; Indiana; By Mr. LEAHY, from the Committee on suant to law, a report on the continuation of Lake and Porter Counties, Indiana, 1997 8- the Judiciary: the national emergency that was originally Hour Ozone Maintenance Plan and 1997 An- Report to accompany S. 607, a bill to im- declared in Executive Order 13611 of May 16, nual Fine Particulate Matter Maintenance prove the provisions relating to the privacy

VerDate Mar 15 2010 01:35 May 17, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.020 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 16, 2013 CONGRESSIONAL RECORD — SENATE S3569 of electronic communications (Rept. No. 113– Act; to the Committee on Environment and Protection and Affordable Care Act and the 34). Public Works. Health Care and Education Reconciliation f By Mr. WYDEN (for himself, Mr. Act of 2010; to the Committee on Finance. CRAPO, Mr. BAUCUS, and Mr. RISCH): By Mr. TOOMEY: EXECUTIVE REPORTS OF S. 971. A bill to amend the Federal Water S. 984. A bill to prohibit the use of funds COMMITTEES Pollution Control Act to exempt the conduct for United States participation in joint mili- of silvicultural activities from national pol- The following executive reports of tary exercises with Egypt if the Government lutant discharge elimination system permit- of Egypt abrogates, terminates, or with- nominations were submitted: ting requirements; to the Committee on En- draws from the 1979 Egypt-Israel peace trea- By Mrs. BOXER for the Committee on En- vironment and Public Works. ty; to the Committee on Armed Services. vironment and Public Works. By Mr. COBURN (for himself, Mr. BAR- By Mr. HARKIN: * Regina McCarthy, of Massachusetts, to be RASSO, Mr. BOOZMAN, and Mr. PAUL): S. 985. A bill to repeal certain provisions of Administrator of the Environmental Protec- S. 972. A bill to prohibit the Secretary of the Gramm-Leach-Bliley Act and revive the tion Agency. Health and Human Services replacing ICD–9 separation between commercial banking and with ICD–10 in implementing the HIPAA By Mr. HARKIN for the Committee on the securities business, in the manner pro- code set standards; to the Committee on Health, Education, Labor, and Pensions. vided in the Banking Act of 1933, the so- Health, Education, Labor, and Pensions. * Thomas Edward Perez, of Maryland, to be called ‘‘Glass-Steagall Act’’, and for other Secretary of Labor. By Mr. UDALL of New Mexico: S. 973. A bill to improve the integrity and purposes; to the Committee on Banking, By Mr. LEAHY for the Committee on the Housing, and Urban Affairs. Judiciary. safety of interstate horseracing, and for other purposes; to the Committee on Com- By Mrs. MCCASKILL (for herself, Mr. Srikanth Srinivasan, of Virginia, to be merce, Science, and Transportation. COBURN, and Mr. JOHNSON of Wis- United States Circuit Judge for the District By Mr. REID (for himself and Mr. consin): of Columbia Circuit. HELLER): S. 986. A bill to prohibit performance Raymond T. Chen, of Maryland, to be S. 974. A bill to provide for certain land awards in the Senior Executive Service dur- United States Circuit Judge for the Federal conveyances in the State of Nevada, and for ing sequestration periods; to the Committee Circuit. other purposes; to the Committee on Energy on Homeland Security and Governmental Af- Jennifer A. Dorsey, of Nevada, to be United and Natural Resources. fairs. States District Judge for the District of Ne- By Ms. KLOBUCHAR (for herself and By Mr. SCHUMER (for himself and Mr. vada. Mr. CORNYN): GRAHAM): * Nomination was reported with rec- S. 975. A bill to provide for the inclusion of S. 987. A bill to maintain the free flow of ommendation that it be confirmed sub- court-appointed guardianship improvement information to the public by providing condi- ject to the nominee’s commitment to and oversight activities under the Elder Jus- tions for the federally compelled disclosure tice Act of 2009; to the Committee on the Ju- respond to requests to appear and tes- of information by certain persons connected diciary. with the news media; to the Committee on tify before any duly constituted com- By Mr. UDALL of Colorado: the Judiciary. mittee of the Senate. S. 976. A bill to provide for education of po- (Nominations without an asterisk tential military recruits on healthy body f were reported with the recommenda- weight and to facilitate and encourage exer- SUBMISSION OF CONCURRENT AND tion that they be confirmed.) cise in potential military recruits, and for other purposes; to the Committee on Armed SENATE RESOLUTIONS f Services. The following concurrent resolutions INTRODUCTION OF BILLS AND By Mr. CORKER (for himself and Mr. and Senate resolutions were read, and MANCHIN): referred (or acted upon), as indicated: JOINT RESOLUTIONS S. 977. A bill to amend the Clean Air Act to The following bills and joint resolu- provide that a downward adjustment of the By Mr. MENENDEZ (for himself and tions were introduced, read the first volume of cellulosic biofuel results in a pro Mr. RUBIO): S. Res. 143. A resolution recognizing the and second times by unanimous con- rata reduction of the volume of renewable fuel and advanced biofuels required under threats to freedom of the press and expres- sent, and referred as indicated: the Renewable Fuel Standard; to the Com- sion around the world and reaffirming free- By Mrs. GILLIBRAND (for herself, Mrs. mittee on Environment and Public Works. dom of the press as a priority in the efforts BOXER, Ms. COLLINS, Mr. By Mr. LEE: of the United States Government to promote BLUMENTHAL, Mr. BEGICH, Ms. MIKUL- S. 978. A bill to provide for an accounting democracy and good governance on the occa- SKI, Mr. FRANKEN, Mr. COONS, Ms. of total United States contributions to the sion of World Press Freedom Day on May 3, HIRONO, Mr. JOHANNS, Mrs. SHAHEEN, United Nations; to the Committee on For- 2013; to the Committee on Foreign Relations. Mr. PRYOR, Mr. SCHATZ, Mr. ROCKE- eign Relations. By Mr. COONS (for himself, Mr. DUR- FELLER, Mr. GRASSLEY, and Mrs. By Mr. LAUTENBERG (for himself and BIN, Mr. BOOZMAN, and Mr. ISAKSON): FEINSTEIN): Mr. UDALL of New Mexico): S. Res. 144. A resolution concerning the on- S. 967. A bill to amend title 10, United S. 979. A bill to amend chapter 1 of title 23, going conflict in the Democratic Republic of States Code, to modify various authorities United States Code, to condition the receipt the Congo and the need for international ef- relating to procedures for courts-martial of certain highway funding by States on the forts supporting long-term peace, stability, under the Uniform Code of Military Justice, enactment and enforcement by States of cer- and observance of human rights; to the Com- and for other purposes; to the Committee on tain laws to prevent repeat intoxicated driv- mittee on Foreign Relations. Armed Services. ing; to the Committee on Environment and By Mr. CARDIN (for himself and Mr. By Mr. UDALL of Colorado (for him- Public Works. SCHATZ): self, Mr. PAUL, Ms. COLLINS, Mr. By Mr. MENENDEZ (for himself, Mr. S. Res. 145. A resolution promoting minor- BEGICH, Mrs. BOXER, Mr. BROWN, Mrs. REID, Mr. CARDIN, Mr. KAINE, Mrs. ity health awareness and supporting the GILLIBRAND, Mr. LEAHY, Mr. NELSON, BOXER, Mr. MURPHY, and Mrs. FEIN- goals and ideals of National Minority Health Mr. REED, Mr. SANDERS, Mr. SCHU- STEIN): Month in April 2013 to bring attention to the S. 980. A bill to provide for enhanced em- MER, Mr. WHITEHOUSE, Mr. HEINRICH, health disparities faced by minority popu- bassy security, and for other purposes; to the and Mr. KING): lations such as American Indians and Alaska Committee on Foreign Relations. S. 968. A bill to amend the Federal Credit Natives, Asians, Blacks or African Ameri- By Mr. MENENDEZ (for himself, Mr. Union Act, to advance the ability of credit cans, Hispanics or Latinos, and Native Ha- BLUMENTHAL, and Mr. LAUTENBERG): unions to promote small business growth and S. 981. A bill to direct the Federal Trade waiians and other Pacific Islanders; consid- economic development opportunities, and for Commission to prescribe rules prohibiting ered and agreed to. other purposes; to the Committee on Bank- deceptive advertising of abortion services, By Ms. LANDRIEU (for herself, Mr. ing, Housing, and Urban Affairs. and for other purposes; to the Committee on WICKER, Mr. SESSIONS, Ms. KLO- By Mr. CARDIN: Commerce, Science, and Transportation. BUCHAR, Mr. COONS, Ms. HEITKAMP, S. 969. A bill to amend the Neotropical Mi- By Mr. ALEXANDER (for himself, Mr. Mr. MERKLEY, Mr. DURBIN, Mr. LAU- gratory Bird Conservation Act to reauthor- MCCONNELL, Mr. PAUL, and Mr. TENBERG, Mr. HATCH, Mr. BURR, and ize the Act; to the Committee on Environ- CORKER): Mr. MENENDEZ): ment and Public Works. S. 982. A bill to prohibit the Corps of Engi- S. Res. 146. A resolution designating the By Mr. CARDIN (for himself and Mr. neers from taking certain actions to estab- week of May 12 through May 18, 2013, as ‘‘Na- BOOZMAN): lish a restricted area prohibiting public ac- tional Police Week’’; considered and agreed S. 970. A bill to amend the Water Resources cess to waters downstream of a dam, and for to. Research Act of 1984 to reauthorize grants other purposes; considered and passed. By Ms. LANDRIEU (for herself, Mr. for and require applied water supply research By Mr. CORNYN: GRASSLEY, Mr. BEGICH, Mrs. MURRAY, regarding the water resources research and S. 983. A bill to prohibit the Secretary of Mr. KAINE, Mr. LEVIN, Mr. WYDEN, technology institutes established under the the Treasury from enforcing the Patient Mr. CARDIN, Mr. JOHNSON of South

VerDate Mar 15 2010 01:35 May 17, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.019 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3570 CONGRESSIONAL RECORD — SENATE May 16, 2013 Dakota, Mr. BLUNT, Mr. HOEVEN, and PORTMAN) was added as a cosponsor of sponsors of S. 650, a bill to amend title Mr. NELSON): S. 381, a bill to award a Congressional XXVII of the Public Health Service Act S. Res. 147. A resolution recognizing Na- Gold Medal to the World War II mem- to preserve consumer and employer ac- tional Foster Care Month as an opportunity bers of the ‘‘Doolittle Tokyo Raiders’’, cess to licensed independent insurance to raise awareness about the challenges of children in the foster care system, and en- for outstanding heroism, valor, skill, producers. couraging Congress to implement policy to and service to the United States in S. 669 improve the lives of children in the foster conducting the bombings of Tokyo. At the request of Mr. PRYOR, the care system; considered and agreed to. S. 466 names of the Senator from Nevada (Mr. By Mr. UDALL of Colorado (for him- At the request of Mr. MENENDEZ, the HELLER) and the Senator from Florida self, Mr. PORTMAN, and Mr. WYDEN): name of the Senator from Louisiana S. Res. 148. A resolution designating May (Mr. RUBIO) were added as cosponsors 18, 2013, as ‘‘National Kids to Parks Day’’; (Ms. LANDRIEU) was added as a cospon- of S. 669, a bill to make permanent the considered and agreed to. sor of S. 466, a bill to assist low-income Internal Revenue Service Free File By Mr. SCHUMER (for himself and Mr. individuals in obtaining recommended program. DURBIN): dental care. S. 695 S. Con. Res. 16. A concurrent resolution au- S. 541 thorizing the use of Emancipation Hall in At the request of Mr. BOOZMAN, the At the request of Ms. LANDRIEU, the the Capitol Visitor Center for the unveiling name of the Senator from Georgia (Mr. of a statue of Frederick Douglass; considered names of the Senator from Maryland ISAKSON) was added as a cosponsor of S. and agreed to. (Ms. MIKULSKI) and the Senator from 695, a bill to amend title 38, United California (Mrs. BOXER) were added as f States Code, to extend the authoriza- cosponsors of S. 541, a bill to prevent tion of appropriations for the Sec- ADDITIONAL COSPONSORS human health threats posed by the retary of Veterans Affairs to pay a S. 162 consumption of equines raised in the monthly assistance allowance to dis- At the request of Mr. FRANKEN, the United States. abled veterans training or competing name of the Senator from Kansas (Mr. S. 545 for the Paralympic Team and the au- ROBERTS) was added as a cosponsor of At the request of Ms. MURKOWSKI, the thorization of appropriations for the S. 162, a bill to reauthorize and im- name of the Senator from Kansas (Mr. Secretary of Veterans Affairs to pro- prove the Mentally Ill Offender Treat- ROBERTS) was added as a cosponsor of vide assistance to United States ment and Crime Reduction Act of 2004. S. 545, a bill to improve hydropower, Paralympics, Inc., and for other pur- S. 204 and for other purposes. poses. At the request of Mr. PAUL, the name S. 557 S. 701 of the Senator from South Carolina At the request of Mrs. HAGAN, the At the request of Ms. COLLINS, the (Mr. SCOTT) was added as a cosponsor name of the Senator from Louisiana name of the Senator from Alaska (Ms. of S. 204, a bill to preserve and protect (Ms. LANDRIEU) was added as a cospon- MURKOWSKI) was added as a cosponsor the free choice of individual employees sor of S. 557, a bill to amend title XVIII of S. 701, a bill to amend the Internal to form, join, or assist labor organiza- of the Social Security Act to improve Revenue Code of 1986 to modify the def- tions, or to refrain from such activi- access to medication therapy manage- inition of full-time employee for pur- ties. ment under part D of the Medicare pro- poses of the individual mandate in the S. 309 gram. Patient Protection and Affordable Care At the request of Mr. HARKIN, the S. 559 Act. names of the Senator from Louisiana At the request of Mr. ISAKSON, the S. 731 (Ms. LANDRIEU), the Senator from Indi- name of the Senator from Delaware At the request of Mr. MANCHIN, the ana (Mr. DONNELLY) and the Senator (Mr. COONS) was added as a cosponsor names of the Senator from Arizona from Pennsylvania (Mr. TOOMEY) were of S. 559, a bill to establish a fund to (Mr. MCCAIN) and the Senator from Ar- added as cosponsors of S. 309, a bill to make payments to the Americans held kansas (Mr. BOOZMAN) were added as award a Congressional Gold Medal to hostage in Iran, and to members of cosponsors of S. 731, a bill to require the World War II members of the Civil their families, who are identified as the Board of Governors of the Federal Air Patrol. members of the proposed class in case Reserve System, the Federal Deposit S. 357 number 1:08-CV–00487 (EGS) of the Insurance Corporation, and the Office At the request of Mr. CARDIN, the United States District Court for the of the Comptroller of the Currency to name of the Senator from Florida (Mr. District of Columbia, and for other pur- conduct an empirical impact study on NELSON) was added as a cosponsor of S. poses. proposed rules relating to the Inter- 357, a bill to encourage, enhance, and S. 569 national Basel III agreement on gen- integrate Blue Alert plans throughout At the request of Mr. BROWN, the eral risk-based capital requirements, the United States in order to dissemi- name of the Senator from Rhode Island as they apply to community banks. nate information when a law enforce- (Mr. WHITEHOUSE) was added as a co- S. 769 ment officer is seriously injured or sponsor of S. 569, a bill to amend title At the request of Mr. DURBIN, the killed in the line of duty. XVIII of the Social Security Act to name of the Senator from Oregon (Mr. S. 360 count a period of receipt of outpatient MERKLEY) was added as a cosponsor of At the request of Mr. UDALL of New observation services in a hospital to- S. 769, a bill to designate as wilderness Mexico, the name of the Senator from ward satisfying the 3-day inpatient certain Federal portions of the red Montana (Mr. TESTER) was added as a hospital requirement for coverage of rock canyons of the Colorado Plateau cosponsor of S. 360, a bill to amend the skilled nursing facility services under and the Great Basin Deserts in the Public Lands Corps Act of 1993 to ex- Medicare. State of Utah for the benefit of present pand the authorization of the Secre- S. 603 and future generations of people in the taries of Agriculture, Commerce, and At the request of Mr. BARRASSO, the United States. the Interior to provide service opportu- name of the Senator from Kansas (Mr. S. 789 nities for young Americans; help re- MORAN) was added as a cosponsor of S. At the request of Mr. BAUCUS, the store the nation’s natural, cultural, 603, a bill to repeal the annual fee on names of the Senator from New Hamp- historic, archaeological, recreational health insurance providers enacted by shire (Mrs. SHAHEEN), the Senator from and scenic resources; train a new gen- the Patient Protection and Affordable Mississippi (Mr. COCHRAN) and the Sen- eration of public land managers and en- Care Act. ator from Arkansas (Mr. PRYOR) were thusiasts; and promote the value of S. 650 added as cosponsors of S. 789, a bill to public service. At the request of Ms. LANDRIEU, the grant the Congressional Gold Medal, S. 381 names of the Senator from Missouri collectively, to the First Special Serv- At the request of Mr. BROWN, the (Mr. BLUNT) and the Senator from Lou- ice Force, in recognition of its superior name of the Senator from Ohio (Mr. isiana (Mr. VITTER) were added as co- service during World War II.

VerDate Mar 15 2010 01:35 May 17, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.024 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 16, 2013 CONGRESSIONAL RECORD — SENATE S3571 S. 813 foreign currencies, and for other pur- S. 955 At the request of Mr. LAUTENBERG, poses. At the request of Mr. THUNE, the the names of the Senator from S. 896 name of the Senator from Missouri Vermont (Mr. LEAHY), the Senator At the request of Mr. BEGICH, the (Mr. BLUNT) was added as a cosponsor from Hawaii (Ms. HIRONO), the Senator name of the Senator from Rhode Island of S. 955, a bill to amend the Public from New Mexico (Mr. HEINRICH), the (Mr. REED) was added as a cosponsor of Health Service Act to provide liability Senator from Hawaii (Mr. SCHATZ), the S. 896, a bill to amend title II of the So- protections for volunteer practitioners Senator from Vermont (Mr. SANDERS) cial Security Act to repeal the Govern- at health centers under section 330 of and the Senator from South Dakota ment pension offset and windfall elimi- such Act. (Mr. JOHNSON) were added as cospon- nation provisions. S. 959 sors of S. 813, a bill to require that S. 897 At the request of Mr. HARKIN, the Peace Corps volunteers be subject to At the request of Ms. WARREN, the name of the Senator from Massachu- the same limitations regarding cov- name of the Senator from Louisiana setts (Ms. WARREN) was added as a co- erage of abortion services as employees (Ms. LANDRIEU) was added as a cospon- sponsor of S. 959, a bill to amend the of the Peace Corps with respect to cov- sor of S. 897, a bill to prevent the dou- Federal Food, Drug, and Cosmetic Act erage of such services, and for other bling of the interest rate for Federal with respect to compounding drugs. purposes. subsidized student loans for the 2013– S. 962 S. 815 2014 academic year by providing funds At the request of Mr. HELLER, the At the request of Mr. MERKLEY, the for such loans through the Federal Re- name of the Senator from Georgia (Mr. names of the Senator from Pennsyl- serve System, to ensure that such CHAMBLISS) was added as a cosponsor of vania (Mr. CASEY) and the Senator loans are available at interest rates S. 962, a bill to prohibit amounts made from Indiana (Mr. DONNELLY) were that are equivalent to the interest available by the Patient Protection added as cosponsors of S. 815, a bill to rates at which the Federal Government and Affordable Care Act and the Health prohibit employment discrimination provides loans to banks through the Care and Education Reconciliation Act on the basis of sexual orientation or discount window operated by the Fed- of 2010 from being transferred to the In- gender identity. eral Reserve System, and for other pur- ternal Revenue Service for implemen- S. 850 poses. tation of such Acts. S. 931 At the request of Mr. ALEXANDER, the S. CON. RES. 15 name of the Senator from South Da- At the request of Mr. BLUNT, the name of the Senator from Louisiana At the request of Mr. HARKIN, the kota (Mr. THUNE) was added as a co- name of the Senator from West Vir- (Mr. VITTER) was added as a cosponsor sponsor of S. 850, a bill to prohibit the ginia (Mr. ROCKEFELLER) was added as National Labor Relations Board from of S. 931, a bill to amend the Public Health Service Act to raise awareness a cosponsor of S. Con. Res. 15, a con- taking any action that requires a current resolution expressing the sense quorum of the members of the Board of, and to educate breast cancer patients anticipating surgery, especially of Congress that the Chained Consumer until such time as Board constituting a Price Index should not be used to cal- quorum shall have been confirmed by patients who are members of racial and ethnic minority groups, regarding the culate cost-of-living adjustments for the Senate, the Supreme Court issues a Social Security or veterans benefits, or decision on the constitutionality of the availability and coverage of breast re- construction, prostheses, and other op- to increase the tax burden on low- and appointments to the Board made in middle-income taxpayers. January 2012, or the adjournment sine tions. S. RES. 133 die of the first session of the 113th Con- S. 942 At the request of Mr. LEE, the names gress. At the request of Mr. CASEY, the name of the Senator from Vermont of the Senator from Wyoming (Mr. S. 854 (Mr. SANDERS) was added as a cospon- ENZI), the Senator from Mississippi At the request of Mr. MERKLEY, the sor of S. 942, a bill to eliminate dis- (Mr. WICKER), the Senator from Ari- name of the Senator from New Hamp- crimination and promote women’s zona (Mr. MCCAIN) and the Senator shire (Mrs. SHAHEEN) was added as a co- health and economic security by ensur- from Kansas (Mr. ROBERTS) were added sponsor of S. 854, a bill to improve stu- ing reasonable workplace accommoda- as cosponsors of S. Res. 133, a resolu- dent academic achievement in science, tions for workers whose ability to per- tion expressing the sense of the Senate technology, engineering, and mathe- form the functions of a job are limited that Congress and the States should in- matics subjects. by pregnancy, childbirth, or a related vestigate and correct abusive, unsani- S. 865 medical condition. tary, and illegal abortion practices. At the request of Mr. WHITEHOUSE, S. 945 S. RES. 139 the name of the Senator from Lou- At the request of Mrs. SHAHEEN, the At the request of Mr. HARKIN, the isiana (Ms. LANDRIEU) was added as a name of the Senator from Louisiana names of the Senator from South Da- cosponsor of S. 865, a bill to provide for (Ms. LANDRIEU) was added as a cospon- kota (Mr. JOHNSON) and the Senator the establishment of a Commission to sor of S. 945, a bill to amend title XVIII from Michigan (Ms. STABENOW) were Accelerate the End of Breast Cancer. of the Social Security Act to improve added as cosponsors of S. Res. 139, a S. 871 access to diabetes self-management resolution celebrating the 20th anni- At the request of Mrs. MURRAY, the training by authorizing certified diabe- versary of the Family and Medical names of the Senator from Nebraska tes educators to provide diabetes self- Leave Act of 1993. (Mr. JOHANNS), the Senator from Maine management training services, includ- f (Mr. KING), the Senator from Hawaii ing as part of telehealth services, under (Mr. SCHATZ) and the Senator from part B of the Medicare program. STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS Georgia (Mr. ISAKSON) were added as S. 953 cosponsors of S. 871, a bill to amend At the request of Mr. REED, the name By Mr. CARDIN: title 10, United States Code, to enhance of the Senator from Minnesota (Ms. S. 969. A bill to amend the assistance for victims of sexual assault KLOBUCHAR) was added as a cosponsor Neotropical Migratory Bird Conserva- committed by members of the Armed of S. 953, a bill to amend the Higher tion Act to reauthorize the Act; to the Forces, and for other purposes. Education Act of 1965 to extend the re- Committee on Environment and Public S. 892 duced interest rate for undergraduate Works. At the request of Mr. KIRK, the name Federal Direct Stafford Loans, to mod- Mr. CARDIN. Mr. President, today, in of the Senator from New York (Mrs. ify required distribution rules for pen- honor of the 20th anniversary of Inter- GILLIBRAND) was added as a cosponsor sion plans, to limit earnings stripping national Migratory Bird Day on May of S. 892, a bill to amend the Iran by expatriated entities, to provide for 11, I am introducing the Neotropical Threat Reduction and Syria Human modifications related to the Oil Spill Migratory Bird Conservation Act. More Rights Act of 2012 to impose sanctions Liability Trust Fund, and for other than half of the bird species found in with respect to certain transactions in purposes. the U.S. migrate across our borders

VerDate Mar 15 2010 01:35 May 17, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.026 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3572 CONGRESSIONAL RECORD — SENATE May 16, 2013 and many of these spend our winter in and income, approximately $2.7 billion projects develop innovative and cost- Central and South America. This bill annually, for the U.S. economy. effective solutions for similar water re- promotes international cooperation for This legislation is cost-effective, sources issues across the country. Un- long-term conservation, education, re- budget-friendly, and has been a highly doubtedly, funding WRRA is an intel- search, monitoring, and habitat protec- successful federal program. This simple ligent and necessary investment in the tion for more than 350 species of reauthorization bill will make sure future of our water resources. neotropical migratory birds. Through that this good work continues. WRRA authorizes two types of an- its successful competitive, matching Mr. President, I ask unanimous con- nual grants. First, it supplies grants to grant program, the U.S. Fish and Wild- sent that the text of the bill be printed each Water Resources Research Insti- life Service supports public-private in the RECORD. tute for research that fosters improve- partnerships in countries mostly in There being no objection, the text of ments in water supply reliability, ex- Latin America and the Caribbean. Up the bill was ordered to be printed in plores new ways to address water prob- to one quarter of the funds may be the RECORD, as follows: lems, encourages dissemination of re- awarded for domestic projects. S. 969 search to water managers and the pub- This legislation aims to sustain Be it enacted by the Senate and House of Rep- lic, and encourages the entry of new healthy populations of migratory birds resentatives of the United States of America in scientists, engineers and technicians that are not only beautiful to look at Congress assembled, into the water resources field. Second, but help our farmers by consuming bil- SECTION 1. REAUTHORIZATION OF WRRA authorizes a national competi- lions of harmful insect and rodent NEOTROPICAL MIGRATORY BIRD tive grant program to address regional pests each year, providing pollination CONSERVATION ACT. water issues. All WRRA grants lever- Section 10 of the Neotropical Migratory services, and dispersing seeds. Migra- Bird Conservation Act (16 U.S.C. 6109) is age non-federal dollars at a minimum tory birds face threats from pesticide amended to read as follows: ratio of 2 to 1, but often far beyond pollution, deforestation, sprawl, and ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. that level, as high as 5 to 1. invasive species that degrade their ‘‘(a) IN GENERAL.—There are authorized to The Water Resources Research Act habitats in addition to the natural be appropriated to carry out this Act such was most recently reauthorized in 2006, risks of their extended flights. Birds sums as are necessary for each of fiscal years in PL 109–471. In that period, the pro- are excellent indicators of the health 2014 through 2019. gram was authorized at $12,000,000 per of an ecosystem. As such, it is trou- ‘‘(b) USE OF FUNDS.—Of the amounts made year, providing $6,000,000 each to state available under subsection (a) for each fiscal and competitive project grants. Au- bling that, according to the National year, not less than 75 percent shall be ex- Audubon Society, half of all coastally thorization for these grants expired in pended for projects carried out at a location fiscal year 2011. Today’s bill would re- migrating shorebirds, like the Common outside of the United States.’’. Tern and Piping Plover, are experi- authorize both grant programs for an encing dramatic population declines. By Mr. CARDIN (for himself and additional 5 years by providing The Baltimore Oriole, the State bird Mr. BOOZMAN): $7,500,000 for institutional grants and of Maryland and one whose song S. 970. A bill to amend the Water Re- $1,500,000 for national competitive brightens all of the Northeastern U.S., sources Research Act of 1984 to reau- grants. This lower authorization level has steadily declined in population de- thorize grants for and require applied reflects our efforts to adjust for spite being protected by Federal law water supply research regarding the present fiscal limitations. The pro- under the Migratory Bird Treaty Act of water resources research and tech- posed authorization maximizes the eco- 1918 and the state of Maryland’s nology institutes established under the nomic efficiency of the program with- Nongame and Endangered Species Con- Act; to the Committee on Environment out compromising its efficacy. An inde- servation Act. Likewise, the iconic Red and Public Works. pendent review panel has judged that Knot bird, whose legendary 9,000 mile Mr. CARDIN. Mr. President, today I the Water Resources Research Insti- migration centers on a stopover in the am introducing the Water Resources tutes command significant funding le- Mid-Atlantic states, is decreasing in Research Amendments Act. First au- verage for the modest amount of appro- population quickly. Threats to these thorized in 1964, the Water Resources priations required to support it. Thus, beloved Maryland birds are mainly due Research Act established 54 Water Re- we can be sure that we are supporting to habitat destruction and deforest- sources Research Institutes at top land top-notch science while maximizing ation, particularly in the Central and grant universities in each of the 50 cost-effectiveness. Moreover, by fund- South American countries where the States and the U.S. territories. These ing this network of institutes we are birds winter. In addition, international institutes created a grant program and investing in our future. The Water Re- use of toxic pesticides ingested by in- provided opportunities for applied sources Research Institutes are the sects, which are then eaten by the water supply research. The bill I intro- country’s single largest training pro- birds, has significantly contributed to duce today would reauthorize the grant gram for water scientists, technicians, this decline. Conservation efforts in program for the next 5 years and would and engineers. Today, floods, droughts, and water our country are essential, but invest- add a program focused on research and degradation issues pervade the nation. ment in programs throughout the mi- development of green infrastructure. Simultaneously, water resources are Water and the availability thereof is gratory route of these and countless increasingly critical for production of a defining characteristic of U.S. land- other migratory birds is critical. This resources, economic stability, and the scape, culture, wealth, and security. legislation accomplishes this goal. health and well-being of the citizenry. The Neotropical Migratory Bird Con- Clean water is a relatively rare and in- WRRA grants provide us with improved servation Act has a proven track valuable resource. Last year’s funded understanding of water-related issues record of reversing habitat loss and ad- projects included research into the im- and better technology to address them. vancing conservation strategies for the pacts of climate change on water sup- Nearly half a century after the Water broad range of neotropical birds that ply lakes, the development of better Resources Research grant program was populate the United States and the rest detection methods for pathogens in first put in place, this program is rel- of the Western hemisphere. To date, drinking water, and the impacts of evant, critical, and deserving of our the U.S. Fish and Wildlife Service has drought on farm supply chains. In my support. administered these grants to support own State, some of the tools we use for Mr. President, I ask unanimous con- 422 projects in more than 35 countries. restoration of the Chesapeake Bay sent that the text of the bill be printed The $46.5 million that this program has were products of these same grants in in the RECORD. provided in grants has leveraged $178.5 previous years. WRRA Researchers There being no objection, the text of million from partners, almost four ad- across the Mid-Atlantic States have de- the bill was ordered to be printed in ditional dollars for every one spent. veloped ways to keep the Chesapeake the RECORD, as follows: More than 3.25 million acres of quality waters cleaner through urban S. 970 bird habitat have benefitted. In addi- stormwater treatment, improved road- Be it enacted by the Senate and House of Rep- tion, birding is among the wildlife way design, and eco-friendly poultry resentatives of the United States of America in watching activities that generate jobs farming practices. WRRA-funded Congress assembled,

VerDate Mar 15 2010 02:03 May 17, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.016 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 16, 2013 CONGRESSIONAL RECORD — SENATE S3573 SECTION 1. SHORT TITLE. INTERSTATE NATURE.—Section 104(g)(1) of the thermore, this legislation does not This Act may be cited as the ‘‘Water Re- Water Resources Research Act of 1984 (42 weaken the Clean Water Act. The sources Research Amendments Act of 2013’’. U.S.C. 10303(g)(1)) is amended by striking Clean Water Act remains in the same SEC. 2. WATER RESOURCES RESEARCH ACT ‘‘$6,000,000 for each of fiscal years 2007 AMENDMENTS. through 2011’’ and inserting ‘‘$1,500,000 for force as it has since it was enacted in (a) CONGRESSIONAL FINDINGS AND DECLARA- each of fiscal years 2013 through 2018’’. 1972. TIONS.—Section 102 of the Water Resources The introduction of this bill begins Research Act of 1984 (42 U.S.C. 10301) is By Mr. WYDEN (for himself, Mr. the legislative process. There will be amended— CRAPO, Mr. BAUCUS, and Mr. an opportunity for hearings, testimony (1) by redesignating paragraphs (7) through RISCH): provided by witnesses and Federal (9) as paragraphs (8) through (10), respec- S. 971. A bill to amend the Federal agencies, and public dialogue on this tively; Water Pollution Control Act to exempt (2) in paragraph (8) (as so redesignated), by bill. It is my hope that this legislation striking ‘‘and’’ at the end; and the conduct of silvicultural activities will provide the certainty that the tim- (3) by inserting after paragraph (6) the fol- from national pollutant discharge ber industry needs to increase jobs in lowing: elimination system permitting require- the woods, get the timber cut up, and ‘‘(7) additional research is required into in- ments; to the Committee on Environ- put an end to litigating the question of creasing the effectiveness and efficiency of ment and Public Works. whether or not EPA has the authority new and existing treatment works through Mr. WYDEN. Mr. President, today I to regulate forest roads as non-point alternative approaches, including— rise to reintroduce the Silviculture sources. ‘‘(A) nonstructural alternatives; Regulatory Consistency Act with my ‘‘(B) decentralized approaches; Mr. President, I ask unanimous con- colleague Senator CRAPO. This legisla- ‘‘(C) water use efficiency; and sent that the text of the bill be printed tion would end the legal uncertainty ‘‘(D) actions to reduce energy consumption in the RECORD. or extract energy from wastewater;’’. facing the timber industry by enacting There being no objection, the text of (b) CLARIFICATION OF RESEARCH ACTIVI- legislation to preserve the Environ- the bill was ordered to be printed in TIES.—Section 104(b)(1) of the Water Re- mental Protection Agency’s 37-year old the RECORD, as follows: sources Research Act of 1984 (42 U.S.C. policy treating forest roads as non- 10303(b)(1)) is amended— point sources under the Clean Water S. 971 (1) in subparagraph (B)(ii), by striking Act. Be it enacted by the Senate and House of Rep- ‘‘water-related phenomena’’ and inserting For 37 years, the EPA has maintained resentatives of the United States of America in ‘‘water resources’’; and that forest roads are non-point sources. Congress assembled, (2) in subparagraph (D), by striking the pe- SECTION 1. SHORT TITLE. riod at the end and inserting ‘‘; and’’. Furthermore, in March of this year, the U.S. Supreme Court overturned the This Act may be cited as the ‘‘Silviculture (c) COMPLIANCE REPORT.—Section 104(c) of Regulatory Consistency Act’’. the Water Resources Research Act of 1984 (42 Ninth Circuit Court of Appeals’ ruling U.S.C. 10303(c)) is amended— on forest roads, upholding EPA’s au- SEC. 2. SILVICULTURAL ACTIVITIES. (1) by striking ‘‘From the’’ and inserting Section 402(l) of the Federal Water Pollu- thority to regulate forest roads as tion Control Act (33 U.S.C. 1342(l)) is amend- ‘‘(1) IN GENERAL.—From the’’; and nonpoint sources under the Clean (2) by adding at the end the following: ed by adding at the end the following: Water Act. Various studies show that if ‘‘(2) REPORT.—Not later than December 31 ‘‘(3) SILVICULTURAL ACTIVITIES.— of each fiscal year, the Secretary shall sub- the EPA were to change their decades- ‘‘(A) NPDES PERMIT REQUIREMENTS FOR SIL- mit to the Committee on Environment and long position and require Federal, VICULTURAL ACTIVITIES.—The Administrator Public Works of the Senate, the Committee State, county, tribal and private forest shall not require a permit or otherwise pro- on the Budget of the Senate, the Committee road owners to obtain a point source mulgate regulations under this section or di- on Transportation and Infrastructure of the permit, the cost could reach billions of rectly or indirectly require any State to re- House of Representatives, and the Com- dollars and cost thousands of jobs. The quire a permit under this section for a discharge of stormwater runoff resulting from mittee on the Budget of the House of Rep- Pacific Northwest needs more jobs in resentatives a report regarding the compli- the conduct of the following silvicultural ac- ance of each funding recipient with this sub- the woods. The way to do that is to get tivities: nursery operations, site preparation, section for the immediately preceding fiscal the timber cut up and to stop litigating reforestation and subsequent cultural treat- year.’’. questions that have already been an- ment, thinning, prescribed burning, pest and (d) EVALUATION OF WATER RESOURCES RE- swered. fire control, harvesting operations, surface SEARCH PROGRAM.—Section 104 of the Water In the 112th Congress, Senator CRAPO drainage, and road use, construction, and Resources Research Act of 1984 (42 U.S.C. and I introduced similar legislation on maintenance. 10303) is amended by striking subsection (e) forest roads. The legislation we intro- ‘‘(B) PERMITS FOR DREDGED OR FILL MATE- and inserting the following: duce today is different in only two re- RIAL.—Nothing in this paragraph exempts a ‘‘(e) EVALUATION OF WATER RESOURCES RE- silvicultural activity resulting in the dis- SEARCH PROGRAM.— spects. First, the bill includes new lan- charge of dredged or fill material from any ‘‘(1) IN GENERAL.—The Secretary shall con- guage to prevent forest roads from permitting requirement under section 404.’’. duct a careful and detailed evaluation of being otherwise regulated by the EPA. each institute at least once every 3 years to This language is needed because in its By Mr. REID (for himself and Mr. determine— March 2013 decision, the U.S. Supreme HELLER): ‘‘(A) the quality and relevance of the water Court upheld the EPA’s authority to S. 974. A bill to provide for certain resources research of the institute; regulate forest roads as non-point ‘‘(B) the effectiveness of the institute at land conveyances in the State of Ne- producing measured results and applied sources, and therefore not require man- vada, and for other purposes; to the water supply research; and datory point source permits; however, Committee on Energy and Natural Re- ‘‘(C) whether the effectiveness of the insti- it did not address the Ninth Circuit’s sources. tute as an institution for planning, con- previous ruling that forest roads are Mr. REID. Mr. President, I ask unan- ducting, and arranging for research warrants point sources. As a result, the EPA imous consent that the text of the bill continued support under this section. must respond to the Court’s ruling that be printed in the RECORD. ‘‘(2) PROHIBITION ON FURTHER SUPPORT.—If, the EPA use its discretionary author- There being no objection, the text of as a result of an evaluation under paragraph ity to determine whether or not to reg- the bill was ordered to be printed in (1), the Secretary determines that an insti- ulate forest roads as point sources. tute does not qualify for further support the RECORD, as follows: under this section, no further grants to the This will inevitably result in further S. 974 institute may be provided until the quali- litigation over permits for forest roads. Second, the bill we introduce today Be it enacted by the Senate and House of Rep- fications of the institute are reestablished to resentatives of the United States of America in the satisfaction of the Secretary.’’. includes the language adopted last year Congress assembled, (e) AUTHORIZATION OF APPROPRIATIONS.— by the House Transportation and Infra- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Section 104(f)(1) of the Water Resources Re- structure Committee to clarify the list (a) SHORT TITLE.—This Act may be cited as search Act of 1984 (42 U.S.C. 10303(f)(1)) is of forest activities the EPA will not the ‘‘Las Vegas Valley Public Land and Tule amended by striking ‘‘$12,000,000 for each of regulate as point sources. The Com- fiscal years 2007 through 2011’’ and inserting Springs Fossil Beds National Monument Act ‘‘$7,500,000 for each of fiscal years 2013 mittee favorable reported the bill with of 2013’’. through 2018’’. this addition. (b) TABLE OF CONTENTS.—The table of con- (f) ADDITIONAL APPROPRIATIONS WHERE RE- Let me be clear. This legislation up- tents of this Act is as follows: SEARCH FOCUSED ON WATER PROBLEMS OF holds an existing EPA regulation. Fur- Sec. 1. Short title; table of contents.

VerDate Mar 15 2010 02:03 May 17, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0655 E:\CR\FM\A16MY6.032 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3574 CONGRESSIONAL RECORD — SENATE May 16, 2013 Sec. 2. Tule Springs Fossil Beds National while allowing for public education and con- under subparagraph (A) only by donation or Monument. tinued scientific research opportunities. exchange. Sec. 3. Addition of land to Red Rock Canyon (b) DEFINITIONS.—In this section: (5) WITHDRAWALS.—Subject to valid exist- National Conservation Area. (1) COUNCIL.—The term ‘‘Council’’ means ing rights and subsections (e) and (f), any Sec. 4. Conveyance of Bureau of Land Man- the Tule Springs Fossil Beds National Monu- land within the Monument or any land or in- agement land to North Las ment Advisory Council established by sub- terest in land that is acquired by the United Vegas. section (g)(1). States for inclusion in the Monument after Sec. 5. Conveyance of Bureau of Land Man- (2) COUNTY.—The term ‘‘County’’ means the date of enactment of this Act is with- agement land to Las Vegas. Clark County, Nevada. drawn from— Sec. 6. Expansion of conveyance to Las (3) LOCAL GOVERNMENT.—The term ‘‘local (A) entry, appropriation, or disposal under Vegas Metropolitan Police De- government’’ means the City of Las Vegas, the public land laws; partment. City of North Las Vegas, or the County. (B) location, entry, and patent under the Sec. 7. Spring Mountains National Recre- (4) MANAGEMENT PLAN.—The term ‘‘man- mining laws; and ation Area withdrawal. agement plan’’ means the management plan (C) operation of the mineral leasing laws, Sec. 8. Southern Nevada Public Land Man- for the Monument developed under sub- geothermal leasing laws, and minerals mate- agement Act of 1998 amend- section (d)(5). rials laws. ments. (5) MAP.—The term ‘‘Map’’ means the map (6) RELATIONSHIP TO CLARK COUNTY MULTI- Sec. 9. Conveyance of land to the Nevada entitled ‘‘North Las Vegas Valley Overview’’ SPECIES HABITAT CONSERVATION PLAN.— System of Higher Education. (A) AMENDMENT TO PLAN.—The Secretary Sec. 10. Land conveyance for Southern Ne- and dated April 30, 2013. shall credit, on an acre-for-acre basis, ap- vada Supplemental Airport. (6) MONUMENT.—The term ‘‘Monument’’ proximately 22,650 acres of the land con- Sec. 11. Sunrise Mountain Instant Study means the Tule Springs Fossil Beds National served for the Monument under this Act to- Area release. Monument established by subsection (c)(1). Sec. 12. Nellis Dunes Off-Highway Vehicle (7) PUBLIC LAND.—The term ‘‘public land’’ ward the development of additional non-Fed- Recreation Area. has the meaning given the term ‘‘public eral land within the County through an Sec. 13. Conveyance of land for Nellis Air lands’’ in section 103 of the Federal Land amendment to the Clark County Multi-Spe- Force Base. Policy and Management Act of 1976 (43 cies Habitat Conservation Plan. Sec. 14. Military overflights. U.S.C. 1702). (B) EFFECT ON PLAN.—Nothing in this Act SEC. 2. TULE SPRINGS FOSSIL BEDS NATIONAL (8) PUBLIC WATER AGENCY.—The term ‘‘pub- otherwise limits, alters, modifies, or amends MONUMENT. lic water agency’’ means a regional whole- the Clark County Multi-Species Habitat Con- (a) FINDINGS.—Congress finds that— sale water provider that is engaged in the ac- servation Plan. (1) since 1933, the Upper Las Vegas Wash quisition of water on behalf of, or the deliv- (d) ADMINISTRATION.— has been valued by scientists because of the ery of water to, water purveyors who are (1) TRANSFER OF ADMINISTRATIVE JURISDIC- significant paleontological resources demon- member agencies of the public water agency. TION.—Administrative jurisdiction over the strative of the Pleistocene Epoch that are lo- (9) QUALIFIED ELECTRIC UTILITY.—The term approximately 22,650 acres of public land de- cated in the area; ‘‘qualified electric utility’’ means any public picted on the Map as ‘‘Tule Springs Fossil (2) in 2004, during the preparation of the or private utility determined by the Sec- Bed National Monument’’ is transferred from Las Vegas Valley Disposal Boundary Final retary to be technically and financially ca- the Bureau of Land Management to the Na- Environmental Impact Statement, the Bu- pable of developing the transmission line. tional Park Service. reau of Land Management identified sen- (10) SECRETARY.—The term ‘‘Secretary’’ (2) MANAGEMENT.—The Secretary shall— sitive biological, cultural, and paleontolog- means the Secretary of the Interior. (A) allow only such uses of the Monument ical resources determined to be worthy of (11) STATE.—The term ‘‘State’’ means the that— more evaluation with respect to the protec- State of Nevada. (i) are consistent with this section; tive status of the resources; (c) ESTABLISHMENT.— (ii) the Secretary determines would further (3) the Upper Las Vegas Wash contains (1) IN GENERAL.—In order to conserve, pro- the purposes of the Monument; and thousands of paleontological resources from tect, interpret, and enhance for the benefit (iii) are consistent with existing rights of the Pleistocene Epoch that are preserved in of present and future generations the unique previously authorized water facility and high a unique geological context that are of na- and nationally important paleontological, voltage transmission facility rights-of-way tional importance, including Columbian scientific, educational, and recreational re- and any rights-of-way issued under this Act, mammoth, ground sloth, American lion, sources and values of the land described in including the operation, maintenance, re- camels, and horse fossils; this subsection, there is established in the placement, and repair and repair of the facil- (4) in addition to Joshua trees and several State, subject to valid existing rights, the ity; and species of cacti, the Las Vegas buckwheat, Tule Springs Fossil Beds National Monu- (B) manage the Monument— Merriam’s bearpoppy, and the Las Vegas ment. (i) in a manner that conserves, protects, bearpoppy are 3 unique and imperiled plants (2) BOUNDARIES.—The Monument shall con- interprets, and enhances the resources and that are supported in the harsh desert envi- sist of approximately 22,650 acres of public values of the Monument; and ronment of Tule Springs; land in the County within the boundaries (ii) in accordance with— (5) the area provides important habitat for generally depicted on the Map. (I) this section; threatened desert tortoise, endemic poppy (3) MAP; LEGAL DESCRIPTION.— (II) the provisions of laws generally appli- bees, kit foxes, burrowing owls, LeConte’s (A) IN GENERAL.—As soon as practicable cable to units of the National Park System thrasher, phainopepla, and a variety of rep- after the date of enactment of this Act, the (including the National Park Service Or- tiles; Secretary shall prepare an official map and ganic Act (16 U.S.C. l et seq.)); and (6) in studies of the area conducted during legal description of the boundaries of the (III) any other applicable laws. the last decade, the Bureau of Land Manage- Monument. (3) BUFFER ZONES.—The establishment of ment and National Park Service determined (B) LEGAL EFFECT.—The map and legal de- the Monument shall not— that the area likely contains the longest scription prepared under subparagraph (A) (A) lead to the creation of express or im- continuous section of Pleistocene strata in shall have the same force and effect as if in- plied protective perimeters or buffer zones the desert southwest, which span multiple cluded in this section, except that the Sec- around or over the Monument; important global climate cooling and warm- retary may correct any clerical or typo- (B) preclude disposal or development of ing episodes; graphical errors in the legal description or public land adjacent to the boundaries of the (7) the Upper Las Vegas Wash is significant the map. Monument, if the disposal or development is to the culture and history of the native and (C) AVAILABILITY OF MAP AND LEGAL DE- consistent with other applicable law; indigenous people of the area, including the SCRIPTION.—The map and legal description (C) preclude an activity on, or use of, pri- Southern Paiute Tribe; prepared under subparagraph (A) shall be on vate land adjacent to the boundaries of the (8) despite the findings of the studies and file and available for public inspection in the Monument, if the activity or use is con- recommendations for further assessment of appropriate offices of the Bureau of Land sistent with other applicable law; or the resources for appropriate methods of pro- Management and the National Park Service. (D) directly or indirectly subject an activ- tection— (4) ACQUISITION OF LAND.— ity on, or use of, private land, to additional (A) the area remains inadequately pro- (A) IN GENERAL.—Subject to subparagraph regulation, if the activity or use is con- tected; and (B), the Secretary may acquire land or inter- sistent with other applicable law. (B) many irreplaceable fossil specimens in ests in land within or adjacent to the bound- (4) AIR AND WATER QUALITY.—Nothing in the area have been lost to vandalism or aries of the Monument by donation, purchase this Act alters the standards governing air theft; and with donated or appropriated funds, ex- or water quality outside the boundary of the (9) designation of the Upper Las Vegas change, or transfer from another Federal Monument. Wash site as a National Monument would agency. (5) MANAGEMENT PLAN.— protect the unique fossil resources of the (B) LIMITATION.—Land or interests in land (A) IN GENERAL.—Not later than 3 years area and the geological context of those re- that are owned by the State or a political after the date of enactment of this Act, the sources for present and future generations subdivision of the State may be acquired Secretary shall develop a management plan

VerDate Mar 15 2010 02:03 May 17, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.037 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 16, 2013 CONGRESSIONAL RECORD — SENATE S3575 that provides for the long-term protection issued the right-of-way under paragraph (1) seq.), determines appropriate to protect and and management of the Monument. and the public utilities regulator of the conserve the resources for which the Monu- (B) COMPONENTS.—The management plan— State to seek to maximize the capacity of ment is managed. (i) shall, consistent with this section and the high-voltage transmission facilities. (g) TULE SPRINGS FOSSIL BEDS NATIONAL the purposes of the Monument— (3) TERMS AND CONDITIONS.—The issuance of (I) describe the resources at the Monument a notice to proceed on the construction of MONUMENT ADVISORY COUNCIL.— that are to be protected; the high-voltage transmission facilities (1) ESTABLISHMENT.—To provide guidance (II) describe the appropriate uses and man- within the right-of-way under paragraph (1) for the management of the Monument, there agement of the Monument; shall be subject to terms and conditions that is established the Tule Springs Fossil Beds (III) allow for continued scientific research the Secretary (in consultation with the National Monument Advisory Council. at the Monument; and qualified electric utility), as part of the com- (2) MEMBERSHIP.— (IV) include a travel management plan pliance of the Secretary with the National (A) COMPOSITION.—The Council shall con- that may include existing public transit; and Environmental Policy Act of 1969 (42 U.S.C. sist of 13 members, to be appointed by the (ii) may— 4321 et seq.), determines appropriate to pro- Secretary, of whom— (I) incorporate any appropriate decisions tect and conserve the resources for which the (i) 1 member shall be a member of, or be contained in an existing management or ac- Monument is managed. nominated by, the County Commission; tivity plan for the land designated as the (4) EXPIRATION OF RIGHT-OF-WAY.—The (ii) 1 member shall be a member of, or be Monument under subsection (c)(1); and right-of-way issued under paragraph (1) shall nominated by, the city council of Las Vegas, (II) use information developed in any study expire on the date that is 15 years after the Nevada; of land within, or adjacent to, the boundary date of enactment of this Act if construction (iii) 1 member shall be a member of, or be of the Monument that was conducted before of the high-voltage transmission facilities nominated by, the city council of North Las the date of enactment of this Act. described in paragraph (1) has not been initi- Vegas, Nevada; (C) PUBLIC PROCESS.—In preparing the ated by that date, unless the Secretary de- (iv) 1 member shall be a member of, or be management plan, the Secretary shall— termines that it is in the public interest to nominated by, the tribal council of the Las (i) consult with, and take into account the continue the right-of-way. Vegas Paiute Tribe; comments and recommendations of, the (f) WATER CONVEYANCE FACILITIES.— (v) 1 member shall be a representative of Council; (1) WATER CONVEYANCE FACILITIES COR- the conservation community in southern Ne- (ii) provide an opportunity for public in- RIDOR.— vada; volvement in the preparation and review of (A) IN GENERAL.—On receipt of 1 or more (vi) 1 member shall be a representative of, the management plan, including holding complete applications from a public water or be nominated by, the Director of the Bu- public meetings; agency and except as provided in subpara- reau of Land Management; (iii) consider public comments received as graph (B), the Secretary, in accordance with (vii) 1 member shall be a representative of, part of the public review and comment proc- the National Environmental Policy Act of or be nominated by, the Director of the ess of the management plan; and 1969 (42 U.S.C. 4321 et seq.), shall issue to the United States Fish and Wildlife Service; (iv) consult with governmental and non- public water agency a 100-foot right-of-way (viii) 1 member shall be a representative governmental stakeholders involved in es- for the construction, maintenance, repair, of, or be nominated by, the Director of the and replacement of a buried water convey- tablishing and improving the regional trail National Park Service; ance pipeline and associated facilities within system to incorporate, where appropriate, (ix) 1 member shall be a representative of the ‘‘Water Conveyance Facilities Corridor’’ trails in the Monument that link to the re- Nellis Air Force Base; and the ‘‘Renewable Energy Transmission gional trail system. (x) 1 member shall be nominated by the (6) INTERPRETATION, EDUCATION, AND SCI- Corridor’’ depicted on the Map. State; ENTIFIC RESEARCH.— (B) LIMITATION.—A public water agency (xi) 1 member shall reside in the County (A) IN GENERAL.—The Secretary shall pro- right-of-way shall not be granted under sub- and have a background that reflects the pur- vide for public interpretation of, and edu- paragraph (A) within the portion of the Re- poses for which the Monument was estab- cation and scientific research on, the paleon- newable Energy Transmission Corridor that tological resources of the Monument, with is located along the Moccasin Drive align- lished; and priority given to exhibiting and curating the ment, which is generally between T. 18 S. (xii) 2 members shall reside in the County resources. and T. 19 S., Mount Diablo Baseline and Me- or adjacent counties, both of whom shall (B) COOPERATIVE AGREEMENTS.—The Sec- ridian. have experience in the field of paleontology, retary may enter into cooperative agree- (2) BURIED WATER CONVEYANCE PIPELINE.— obtained through higher education, experi- ments with the State, political subdivisions On receipt of 1 or more complete applica- ence, or both. of the State, nonprofit organizations, and ap- tions from a unit of local government or pub- (B) INITIAL APPOINTMENT.—Not later than propriate public and private entities to carry lic water agency, the Secretary, in accord- 180 days after the date of enactment of this out subparagraph (A). ance with the National Environmental Pol- Act, the Secretary shall appoint the initial (e) RENEWABLE ENERGY TRANSMISSION FA- icy Act of 1969 (42 U.S.C. 4321 et seq.), shall members of the Council in accordance with CILITIES.— issue to the unit of local government or pub- subparagraph (A). (1) IN GENERAL.—On receipt of a complete lic water agency a 100-foot right-of-way for (3) DUTIES OF THE COUNCIL.—The Council application from a qualified electric utility, the construction, operation, maintenance, shall advise the Secretary with respect to— the Secretary, in accordance with the Na- repair, and replacement of a buried water (A) the preparation and implementation of tional Environmental Policy Act of 1969 (42 conveyance pipeline to access the existing the management plan; and U.S.C. 4321 et seq.), shall issue to the quali- buried water pipeline turnout facility and (B) other issues related to the management fied electric utility a 400-foot right-of-way surge tank located in the NE 1⁄4 sec. 16 of T. of the Monument (including budgetary mat- for the construction and maintenance of 19 S. and R. 61 E. ters). high-voltage transmission facilities depicted (3) REQUIREMENTS.— (4) COMPENSATION.—Members of the Coun- on the Map as ‘‘Renewable Energy Trans- (A) BEST MANAGEMENT PRACTICES.—The cil shall receive no compensation for serving mission Corridor’’ if the high-voltage trans- water conveyance facilities shall employ on the Council. mission facilities do not conflict with other best management practices identified as part (5) CHAIRPERSON.— previously authorized rights-of-way within of the compliance of the Secretary with the (A) IN GENERAL.—Subject to subparagraph the corridor. National Environmental Policy Act of 1969 (B), the Council shall elect a Chairperson (2) REQUIREMENTS.— (42 U.S.C. 4321 et seq.) to limit the impacts of from among the members of the Council. (A) IN GENERAL.—The high-voltage trans- the water conveyance facilities on the Monu- (B) LIMITATION.—The Chairperson shall not mission facilities shall— ment. be a member of a Federal or State agency. (i) be used— (B) CONSULTATIONS.—The water convey- (C) TERM.—The term of the Chairperson (I) primarily, to the maximum extent prac- ance facilities within the ‘‘Renewable En- shall be 3 years. ticable, for renewable energy resources; and ergy Transmission Corridor’’ shall be sited in (6) TERM OF MEMBERS.— (II) to meet reliability standards set by the consultation with the qualified electric util- (A) IN GENERAL.—The term of a member of North American Electric Reliability Cor- ity to limit the impacts of the water convey- the Council shall be 3 years. poration, the Western Electricity Coordi- ance facilities on the high-voltage trans- (B) SUCCESSORS.—Notwithstanding the ex- nating Council, or the public utilities regu- mission facilities. piration of a 3-year term of a member of the lator of the State; and (4) TERMS AND CONDITIONS.—The issuance of Council, a member may continue to serve on (ii) employ best management practices a notice to proceed on the construction of the Council until— identified as part of the compliance of the the water conveyance facilities within the (i) the member is reappointed by the Sec- Secretary with the National Environmental right-of-way under paragraph (1) shall be retary; or Policy Act of 1969 (42 U.S.C. 4321 et seq.) to subject to any terms and conditions that the (ii) a successor is appointed. limit impacts on the Monument, including Secretary, in consultation with the public (7) VACANCIES.— impacts to the viewshed. water agency, as part of the compliance of (A) IN GENERAL.—A vacancy on the Council (B) CAPACITY.—The Secretary shall consult the Secretary with the National Environ- shall be filled in the same manner in which with the qualified electric utility that is mental Policy Act of 1969 (42 U.S.C. 4321 et the original appointment was made.

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(B) APPOINTMENT FOR REMAINDER OF Secretary shall finalize the legal description (1) LAS VEGAS.—The term ‘‘Las Vegas’’ TERM.—A member appointed to fill a vacancy of the parcel to be conveyed under this sec- means the city of Las Vegas, Nevada. on the Council— tion. (2) MAP.—The term ‘‘map’’ means the map (i) shall serve for the remainder of the (2) MINOR ERRORS.—The Secretary may cor- entitled ‘‘North Las Vegas Valley Overview’’ term for which the predecessor was ap- rect any minor error in— and dated April 30, 2013. pointed; and (A) the map; or (3) SECRETARY.—The term ‘‘Secretary’’ (ii) may be nominated for a subsequent (B) the legal description. means the Secretary of the Interior, acting term. (3) AVAILABILITY.—The map and legal de- through the Bureau of Land Management. (8) TERMINATION.—Unless an extension is scription shall be on file and available for (b) IN GENERAL.—As soon as practicable jointly recommended by the Director of the public inspection in the appropriate offices after the date of enactment of this Act, sub- National Park Service and the Director of of the Bureau of Land Management. ject to valid existing rights, and notwith- the Bureau of Land Management, the Coun- (e) USE OF LAND FOR NONRESIDENTIAL DE- standing the land use planning requirements cil shall terminate on the date that is 6 VELOPMENT.— of sections 202 and 203 of the Federal Land years after the date of enactment of this (1) IN GENERAL.—North Las Vegas may sell, Policy and Management Act of 1976 (43 Act. lease, or otherwise convey any portion of the U.S.C. 1712, 1713), the Secretary shall convey (h) AUTHORIZATION OF APPROPRIATIONS.— land described in subsection (c) for nonresi- to Las Vegas, without consideration, all There are authorized to be appropriated such dential development. right, title, and interest of the United States sums as are necessary to carry out this sec- (2) METHOD OF SALE.—The sale, lease, or in and to the land described in subsection (c). tion. conveyance of land under paragraph (1) shall (c) DESCRIPTION OF LAND.—The land re- SEC. 3. ADDITION OF LAND TO RED ROCK CAN- be carried out— ferred to in subsection (b) consists of land YON NATIONAL CONSERVATION (A) through a competitive bidding process; AREA. managed by the Bureau of Land Management and described on the map as ‘‘Las Vegas Job Cre- (a) DEFINITIONS.—In this section: (B) for not less than fair market value. ONSERVATION AREA ation Zone’’ (including interests in the land). (1) C .—The term ‘‘Con- AIR MARKET VALUE (3) F .—The Secretary (d) MAP AND LEGAL DESCRIPTION.— servation Area’’ means the Red Rock Canyon shall determine the fair market value of the National Conservation Area established by (1) IN GENERAL.—As soon as practicable land under paragraph (2)(B) based on an ap- after the date of enactment of this Act, the the Red Rock Canyon National Conservation praisal that is performed in accordance Area Establishment Act of 1990 (16 U.S.C. Secretary shall finalize the legal description with— of the parcel to be conveyed under this sec- 460ccc et seq.). (A) the Uniform Appraisal Standards for AP.—The term ‘‘map’’ means the map tion. (2) M Federal Land Acquisitions; entitled ‘‘North Las Vegas Valley Overview’’ (2) MINOR ERRORS.—The Secretary may cor- (B) the Uniform Standards of Professional and dated April 30, 2013. rect any minor error in— Appraisal Practices; and (3) SECRETARY.—The term ‘‘Secretary’’ (A) the map; or (C) any other applicable law (including reg- means the Secretary of the Interior, acting (B) the legal description. ulations). through the Bureau of Land Management. (3) AVAILABILITY.—The map and legal de- (4) DISPOSITION OF PROCEEDS.—The gross (b) ADDITION OF LAND TO CONSERVATION scription shall be on file and available for proceeds from the sale, lease, or conveyance AREA.— public inspection in the appropriate offices (1) IN GENERAL.—The Conservation Area is of land under paragraph (1) shall be distrib- of the Bureau of Land Management. uted in accordance with section 4(e) of the expanded to include the land depicted on the (e) USE OF LAND.— Southern Nevada Public Land Management map as ‘‘Additions to Red Rock NCA’’. (1) IN GENERAL.—Las Vegas may sell, lease, (2) MANAGEMENT PLAN.—Not later than 2 Act of 1998 (Public Law 105-263; 112 Stat. 2345; or otherwise convey any portion of the land years after the date on which the land is ac- 116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414; 120 described in subsection (c) for nonresidential quired, the Secretary shall update the man- Stat. 3045). development. (f) USE OF LAND FOR RECREATION OR OTHER agement plan for the Conservation Area to (2) METHOD OF SALE.—The sale, lease, or PUBLIC PURPOSES.— reflect the management requirements of the conveyance of land under paragraph (1) shall (1) IN GENERAL.—North Las Vegas may re- acquired land. be carried out, after consultation with the tain a portion of the land described in sub- (3) MAP AND LEGAL DESCRIPTION.— Las Vegas Paiute Tribe— section (c) for public recreation or other pub- (A) IN GENERAL.—As soon as practicable (A) through a competitive bidding process; lic purposes consistent with the Act of June after the date of enactment of this Act, the and 14, 1926 (commonly known as the ‘‘Recre- Secretary shall finalize the legal description (B) for not less than fair market value. ation and Public Purposes Act’’) (43 U.S.C. of the parcel to be conveyed under this sec- (3) FAIR MARKET VALUE.—The Secretary 869 et seq.) by providing written notice of the tion. shall determine the fair market value of the election to the Secretary. (B) MINOR ERRORS.—The Secretary may land under paragraph (2)(B) based on an ap- (2) REVOCATION.—If North Las Vegas re- correct any minor error in— praisal that is performed in accordance tains land for public recreation or other pub- (i) the map; or with— lic purposes under paragraph (1), North Las (ii) the legal description. (A) the Uniform Appraisal Standards for Vegas may— (C) AVAILABILITY.—The map and legal de- Federal Land Acquisitions; (A) revoke that election; and scription shall be on file and available for (B) the Uniform Standards of Professional (B) sell, lease, or convey the land in ac- public inspection in the appropriate offices Appraisal Practices; and cordance with subsection (e). of the Bureau of Land Management. (C) any other applicable law (including reg- (g) ADMINISTRATIVE COSTS.—North Las SEC. 4. CONVEYANCE OF BUREAU OF LAND MAN- Vegas shall pay all appraisal costs, survey ulations). AGEMENT LAND TO NORTH LAS costs, and other administrative costs nec- (4) DISPOSITION OF PROCEEDS.—The gross VEGAS. proceeds from the sale, lease, or conveyance (a) DEFINITIONS.—In this section: essary for the preparation and completion of any patents for, and transfers of title to, the of land under paragraph (1) shall be distrib- (1) MAP.—The term ‘‘map’’ means the map uted in accordance with section 4(e) of the entitled ‘‘North Las Vegas Valley Overview’’ land described in subsection (c). (h) REVERSION.— Southern Nevada Public Land Management and dated April 30, 2013. (1) IN GENERAL.—If any parcel of land de- Act of 1998 (Public Law 105-263; 112 Stat. 2345; (2) NORTH LAS VEGAS.—The term ‘‘North scribed in subsection (c) is not conveyed for 116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414; 120 Las Vegas’’ means the city of North Las nonresidential development under this sec- Stat. 3045). Vegas, Nevada. tion or reserved for recreation or other pub- (f) USE OF LAND FOR RECREATION OR OTHER (3) SECRETARY.—The term ‘‘Secretary’’ lic purposes under subparagraph (f) by the PUBLIC PURPOSES.— means the Secretary of the Interior, acting date that is 30 years after the date of enact- (1) IN GENERAL.—Las Vegas may retain a through the Bureau of Land Management. ment of this Act, the parcel of land shall, at portion of the land described in subsection (b) CONVEYANCE.—As soon as practicable (c) for public recreation or other public pur- after the date of enactment of this Act and the discretion of the Secretary, revert to the poses consistent with the Act of June 14, 1926 subject to valid existing rights, the Sec- United States. retary shall convey to North Las Vegas, (2) INCONSISTENT USE.—If North Las Vegas (commonly known as the ‘‘Recreation and without consideration, all right, title, and uses any parcel of land described in sub- Public Purposes Act’’) (43 U.S.C. 869 et seq.) interest of the United States in and to the section (c) in a manner that is inconsistent by providing written notice of the election to land described in subsection (c). with this section— the Secretary. (c) DESCRIPTION OF LAND.—The land re- (A) at the discretion of the Secretary, the (2) REVOCATION.—If Las Vegas retains land ferred to in subsection (b) consists of the parcel shall revert to the United States; or for public recreation or other public purposes land managed by the Bureau of Land Man- (B) if the Secretary does not make an elec- under paragraph (1), Las Vegas may— agement described on the map as the ‘‘North tion under subparagraph (A), North Las (A) revoke that election; and Las Vegas Job Creation Zone’’ (including the Vegas shall sell the parcel of land in accord- (B) sell, lease, or convey the land in ac- interests in the land). ance with this section. cordance with subsection (e). (d) MAP AND LEGAL DESCRIPTION.— SEC. 5. CONVEYANCE OF BUREAU OF LAND MAN- (g) ADMINISTRATIVE COSTS.—Las Vegas (1) IN GENERAL.—As soon as practicable AGEMENT LAND TO LAS VEGAS. shall pay all appraisal costs, survey costs, after the date of enactment of this Act, the (a) DEFINITIONS.—In this section: and other administrative costs necessary for

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CONVEYANCE OF LAND TO THE NEVADA State on— tion or reserved for recreation or other pub- SYSTEM OF HIGHER EDUCATION. (I) public land (including the management lic purposes under subsection (f) by the date (a) DEFINITIONS.—In this section: of public land) in the Nation; and that is 30 years after the date of enactment (1) BOARD OF REGENTS.—The term ‘‘Board (II) the role of the Bureau of Land Manage- of this Act, the parcel of land shall, at the of Regents’’ means the Board of Regents of ment in managing, preserving, and pro- discretion of the Secretary, revert to the the Nevada System of Higher Education. tecting the public land in the State. United States. (2) CAMPUSES.—The term ‘‘Campuses’’ (B) AGREEMENT WITH NELLIS AIR FORCE (2) INCONSISTENT USE.—If Las Vegas uses means the Great Basin College, College of BASE.— any parcel of land described in subsection (c) Southern Nevada, and University of Las (i) IN GENERAL.—The Federal land con- in a manner that is inconsistent with this Vegas, Nevada, campuses. veyed to the System under paragraph (1)(B) section— (3) FEDERAL LAND.—The term ‘‘Federal shall be used in accordance with the agree- (A) at the discretion of the Secretary, the land’’ means each of the 3 parcels of Bureau ment entitled the ‘‘Cooperative Interlocal parcel shall revert to the United States; or of Land Management land identified on the Agreement between the Board of Regents of (B) if the Secretary does not make an elec- maps as ‘‘Parcel to be Conveyed’’, of which— the Nevada System of Higher Education, on tion under subparagraph (A), Las Vegas shall (A) approximately 40 acres is to be con- Behalf of the University of Nevada, Las sell the parcel of land in accordance with veyed for the College of Southern Nevada; Vegas, and the 99th Air Base Wing, Nellis Air this section. (B) approximately 2,085 acres is to be con- Force Base, Nevada’’ and dated June 19, 2009. SEC. 6. EXPANSION OF CONVEYANCE TO LAS veyed for the University of Nevada, Las (ii) MODIFICATIONS.—Any modifications to VEGAS METROPOLITAN POLICE DE- Vegas; and the agreement described in clause (i) or any PARTMENT. (C) approximately 285 acres is to be con- related master plan shall require the mutual Section 703 of the Clark County Conserva- veyed for the Great Basin College. assent of the parties to the agreement. tion of Public Land and Natural Resources (4) SECRETARY.—The term ‘‘Secretary’’ (iii) LIMITATION.—In no case shall the use Act of 2002 (Public Law 107–282; 116 Stat. 2013) means the Secretary of the Interior. of the Federal land conveyed under para- is amended by inserting before the period at (5) STATE.—The term ‘‘State’’ means the graph (1)(B) compromise the national secu- the end the following: ‘‘and the parcel of State of Nevada. rity mission or avigation rights of Nellis Air land identified as ‘Conveyance to Las Vegas (6) SYSTEM.—The term ‘‘System’’ means Force Base. for Police Shooting Range Access’ on the the Nevada System of Higher Education. (3) USE OF FEDERAL LAND.—The System map entitled ‘North Las Vegas Valley Over- (b) CONVEYANCES OF FEDERAL LAND TO THE may use the Federal land conveyed under view’, and dated April 30, 2013’’. SYSTEM.— paragraph (1) for any public purposes con- SEC. 7. SPRING MOUNTAINS NATIONAL RECRE- (1) CONVEYANCES.—Notwithstanding sec- sistent with uses allowed under the Act of ATION AREA WITHDRAWAL. tion 202 of the Federal Land Policy and Man- June 14, 1926 (commonly known as the Section 8 of the Spring Mountains Na- agement Act of 1976 (43 U.S.C. 1712) and sec- ‘‘Recreation and Public Purposes Act’’) (43 tional Recreation Area Act (16 U.S.C. tion 1(c) of the Act of June 14, 1926 (com- U.S.C. 869 et seq.)). 460hhh–6) is amended— monly known as the ‘‘Recreation and Public (4) REVERSION.— (1) in subsection (a), by striking ‘‘for lands Purposes Act’’) (43 U.S.C. 869(c)) and subject (A) IN GENERAL.—If the Federal land or any described’’ and inserting ‘‘as provided’’; and to all valid existing rights, the Secretary portion of the Federal land conveyed under (2) by striking subsection (b) and inserting shall— paragraph (1) ceases to be used for the Sys- the following: (A) not later than 180 days after the date of tem, the Federal land, or any portion of the ‘‘(b) EXCEPTIONS.— enactment of this Act, convey to the Sys- Federal land shall, at the discretion of the ‘‘(1) IN GENERAL.—Notwithstanding sub- tem, without consideration, all right, title, Secretary, revert to the United States. section (a), W1⁄2 E 1⁄2 and W 1⁄2, sec. 27, T. 23 and interest of the United States in and to— (B) UNIVERSITY OF NEVADA, LAS VEGAS.—If S., R. 58 E., Mt. Diablo Meridian is not sub- (i) the Federal land identified on the map the System fails to complete the first build- ject to withdrawal under that subsection. entitled ‘‘Great Basin College Land Convey- ing or show progression toward development ‘‘(2) EFFECT OF ENTRY UNDER PUBLIC LAND ance’’ and dated June 26, 2012, for the Great of the University of Nevada, Las Vegas cam- LAWS.—Notwithstanding paragraph (1) of Basin College; and pus on the applicable parcels of Federal land subsection (a), the following are not subject (ii) the Federal land identified on the map by the date that is 50 years after the date of to withdrawal under that paragraph: entitled ‘‘College of Southern Nevada Land receipt of certification of acceptable remedi- ‘‘(A) Any Federal land in the Recreation Conveyance’’ and dated June 26, 2012, for the ation of environmental conditions, the par- Area that qualifies for conveyance under College of Southern Nevada, subject to the cels of the Federal land described in sub- Public Law 97–465 (commonly known as the requirement that, as a precondition of the section (a)(3)(B) shall, at the discretion of ‘‘Small Tracts Act’’) (16 U.S.C. 521c et seq.), conveyance, the Board of Regents shall, by the Secretary, revert to the United States. which, notwithstanding section 7 of that Act mutual assent, enter into a binding develop- (C) COLLEGE OF SOUTHERN NEVADA.—If the (16 U.S.C. 521i), may be conveyed under that ment agreement with the City of Las Vegas System fails to complete the first building Act. that— or show progression toward development of ‘‘(B) Any Federal land in the Recreation (I) provides for the orderly development of the College of Southern Nevada campus on Area that the Secretary determines to be ap- the Federal land to be conveyed under this the applicable parcels of Federal land by the propriate for conveyance by exchange for subclause; and date that is 12 years after the date of convey- non-Federal land within the Recreation Area (II) complies with State law; and ance of the applicable parcels of Federal land under authorities generally providing for the (B) convey to the System, without consid- to the College of Southern Nevada, the par- exchange of National Forest System land.’’. eration, all right, title, and interest of the cels of the Federal land described in sub- SEC. 8. SOUTHERN NEVADA PUBLIC LAND MAN- United States in and to the Federal land section (a)(3)(A) shall, at the discretion of AGEMENT ACT OF 1998 AMEND- identified on the map entitled ‘‘North Las the Secretary, revert to the United States. MENTS. Vegas Valley Overview’’ and dated April 30, (c) AUTHORIZATION OF APPROPRIATIONS.— Section 4 of the Southern Nevada Public 2013 for the University of Nevada, Las Vegas, There are authorized to be appropriated such Land Management Act of 1998 (Public Law if the area identified as ‘‘Potential Utility sums as are necessary to carry out this sec- 105–263; 112 Stat. 2344; 116 Stat. 2007) is Schedule’’ on the map is reserved for use for tion. amended— a potential 400-foot utility corridor of cer- SEC. 10. LAND CONVEYANCE FOR SOUTHERN NE- (1) in the first sentence of subsection (a), tain rights-of-way for transportation and VADA SUPPLEMENTAL AIRPORT. by striking ‘‘dated October 1, 2002’’ and in- public utilities. (a) DEFINITIONS.—In this section: serting ‘‘dated April 30, 2013’’; and (2) CONDITIONS.— (1) COUNTY.—The term ‘‘County’’ means (2) in subsection (g), by adding at the end (A) IN GENERAL.—As a condition of the con- Clark County, Nevada. the following: veyance under paragraph (1), the Board of (2) MAP.—The term ‘‘Map’’ means the map ‘‘(5) Notwithstanding paragraph (4), subject Regents shall agree in writing— entitled ‘‘Land Conveyance for Southern Ne- to paragraphs (1) through (3), Clark County (i) to pay any administrative costs associ- vada Supplemental Airport’’ and dated June may convey to a unit of local government or ated with the conveyance, including the 26, 2012. regional governmental entity, without con- costs of any environmental, wildlife, cul- (3) SECRETARY.—The term ‘‘Secretary’’ sideration, land located within the Airport tural, or historical resources studies; means the Secretary of the Interior. Environs Overlay District (as of the date of (ii) to use the Federal land conveyed for (b) LAND CONVEYANCE.— enactment of this paragraph) if the land is educational and recreational purposes; (1) IN GENERAL.—As soon as practicable used for a water or wastewater treatment fa- (iii) to release and indemnify the United after the date described in paragraph (2), cility or any other public purpose consistent States from any claims or liabilities that subject to valid existing rights and para- with uses allowed under the Act of June 14, may arise from uses carried out on the Fed- graph (3), and notwithstanding the land use

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planning requirements of sections 202 and 203 (b) RELEASE.—Any public land described in have been identified by the Federal Govern- of the Federal Land Policy and Management subsection (a) that is not designated as wil- ment, State government, or County govern- Act of 1976 (43 U.S.C. 1712, 1713), the Sec- derness— ment as containing environmentally sen- retary shall convey to the County, without (1) is no longer subject to section 603(c) of sitive land; and consideration, all right, title, and interest of the Federal Land Policy and Management (ii) shall not be disposed of by the County. the United States in and to the land de- Act of 1976 (43 U.S. C. 1782(c)); and (B) REVERSION.—If the County ceases to scribed in subsection (c). (2) shall be managed in accordance with use any parcel of the Federal land for the (2) DATE ON WHICH CONVEYANCE MAY BE land management plans adopted under sec- purposes described in subparagraph (A)(i) or MADE.—The Secretary shall not make the tion 202 of that Act (43 U.S.C. 1712). subparagraph (D)— conveyance described in paragraph (1) until (c) POST RELEASE LAND USE APPROVALS.— (i) title to the parcel shall revert to the the later of the date on which the Adminis- Recognizing that the area released under United States, at the option of the United trator of the Federal Aviation Administra- subsection (b) presents unique opportunities States; and for the granting of additional rights-of-way, tion has— (ii) the County shall be responsible for any including for high voltage transmission fa- (A) approved an airport layout plan for an reclamation necessary to revert the parcel to cilities, the Secretary of the Interior may airport to be located in the Ivanpah Valley; the United States. accommodate multiple applicants within a and (C) RENEWABLE AND SOLAR ENERGY.— (B) with respect to the construction and particular right-of-way. (i) IN GENERAL.—Subject to clauses (ii) and operation of an airport on the site conveyed SEC. 12. NELLIS DUNES OFF-HIGHWAY VEHICLE RECREATION AREA. (iii), the parcels of Federal land conveyed to to the County pursuant to section 2(a) of the the County under paragraph (1) and the land Ivanpah Valley Airport Public Lands Trans- (a) DEFINITIONS.—In this section: (1) CITY.—The term ‘‘City’’ means the city conveyed to the County under section 1(c) of fer Act (Public Law 106–362; 114 Stat. 1404), Public Law 107–350 (116 Stat. 2975), may be issued a record of decision after the prepara- of North Las Vegas, Nevada. (2) COUNTY.—The term ‘‘County’’ means used for the incidental purpose of generating tion of an environmental impact statement renewable energy and solar energy for use by or similar analysis required under the Na- Clark County, Nevada. (3) ECONOMIC SUPPORT AREA.—The term the Clark County Off Highway Vehicle tional Environmental Policy Act of 1969 (42 Recreation Park, the shooting park author- U.S.C. 4321 et seq.). ‘‘Economic Support Area’’ means the land identified on the map as the ‘‘Economic Sup- ized under that Act, and the County. (3) RESERVATION OF MINERAL RIGHTS.—In port Area’’. (ii) LIMITATION.—Any project authorized conveying the public land under paragraph under clause (i) shall not interfere with the (1), the Secretary shall reserve the mineral (4) FEDERAL LAND.—The term ‘‘Federal land’’ means the approximately 1,211 acres of national security mission of Nellis Air Force estate, except for purposes related to flood Federal land in the County, as depicted on Base or any other military operation. mitigation (including removal from aggre- the map. (iii) REQUIRED CONSULTATION.—Before the gate flood events). (5) MAP.—The term ‘‘map’’ means the map construction of any proposed project under (4) WITHDRAWAL.—Subject to valid existing entitled ‘‘Nellis Dunes Off-Highway Vehicle clause (i), the project proponent shall con- rights, the public land to be conveyed under Recreation Area’’ and dated April 30, 2013. sult with the Secretary of Defense or a des- paragraph (1) is withdrawn from— (6) NELLIS DUNES RECREATION AREA.—The ignee of the Secretary of Defense. (A) location, entry, and patent under the term ‘‘Nellis Dunes Recreation Area’’ means (D) FUTURE CONVEYANCES.—Any future con- mining laws; and the Nellis Dunes Off-Highway Vehicle Recre- veyance of Federal land for addition to the (B) operation of the mineral leasing and ation Area identified on the map as ‘‘Nellis Clark County Off Highway Vehicle Park or geothermal leasing laws. Dunes OHV Recreation Area’’. the Nellis Dunes Recreation Area shall be (5) USE.—The public land conveyed under (7) NET PROCEEDS.—The term ‘‘net pro- subject to— paragraph (1) shall be used for the develop- ceeds’’ means the amount that is equal to (i) the binding interlocal agreement under ment of flood mitigation infrastructure for the difference between— paragraph (4)(B); and the Southern Nevada Supplemental Airport. (A) the amount of gross revenues received (ii) the aviation easement requirements (6) REVERSION AND REENTRY.— by the County from any activities at the under paragraph (7). (A) IN GENERAL.—If the land conveyed to Economic Support Area; and (E) MANAGEMENT PLAN.—The Secretary of the County under the Ivanpah Valley Airport (B) the total amount expended by the the Air Force and the County, may develop Public Lands Transfer Act (Public Law 106- County (or a designee of the County) for cap- a special management plan for the Federal 362; 114 Stat. 1404) reverts to the United ital improvements to each of the Economic land— States, the land conveyed to the County Support Area and the Nellis Dunes Recre- (i) to enhance public safety and safe off- under this section shall revert, at the option ation Area, provided that the capital im- highway vehicle recreation use in the Nellis of the Secretary, to the United States. provements shall not exceed 80 percent of the Dunes Recreation Area; (B) USE OF LAND.—If the Secretary deter- total gross proceeds. (ii) to ensure compatible development with mines that the County is not using the land (8) SECRETARY.—The term ‘‘Secretary’’ the mission requirements of the Nellis Air conveyed under this section for a purpose de- means the Secretary of the Interior. Force Base; and scribed in paragraph (4), all right, title, and (9) STATE.—The term ‘‘State’’ means the (iii) to avoid and mitigate known public interest of the County in and to the land State of Nevada. health risks associated with off-highway ve- shall revert, at the option of the Secretary, (b) CONVEYANCE OF FEDERAL LAND TO hicle use in the Nellis Dunes Recreation to the United States. CLARK COUNTY, NEVADA.— Area. (c) DESCRIPTION OF LAND.—The land re- (1) IN GENERAL.—As soon as practicable (4) ECONOMIC SUPPORT AREA.— ferred to in subsection (b) consists of the approximately 2,320 acres of land managed by after the date of enactment of this Act, the (A) DESIGNATION.—There is designated the the Bureau of Land Management and de- Secretary shall convey to the County, sub- Economic Support Area. scribed on the map as the ‘‘Conveyance ject to valid existing rights and paragraph (B) INTERLOCAL AGREEMENT.— Area’’. (2), without consideration, all right, title, (i) IN GENERAL.—Before the Economic Sup- (d) MAP AND LEGAL DESCRIPTION.— and interest of the United States in and to port Area may be developed, the City and (1) IN GENERAL.—As soon as practicable the parcels of Federal land. County shall enter into an interlocal agree- after the date of enactment of this Act, the (2) RESERVATION OF MINERAL ESTATE.—In ment regarding the development of the Eco- Secretary shall prepare an official legal de- conveying the parcels of Federal land under nomic Support Area. scription and map of the parcel to be con- paragraph (1), the Secretary shall reserve the (ii) LIMITATION OF AGREEMENT.—In no case veyed under this section. mineral estate, except for purposes related shall the interlocal agreement under this (2) MINOR ERRORS.—The Secretary may cor- to flood mitigation (including removal from subparagraph compromise or interfere with rect any minor error in— aggregate flood events). the aviation rights provided under paragraph (A) the map; or (3) USE OF FEDERAL LAND.— (7) and subsection (c)(3). (B) the legal description. (A) IN GENERAL.—The parcels of Federal (C) USE OF PROCEEDS.—Of the net proceeds (3) AVAILABILITY.—The map and legal de- land conveyed under paragraph (1)— from the development of the Economic Sup- scription shall be on file and available for (i) shall be used by the County— port Area, the County shall— public inspection in the appropriate offices (I) to provide a suitable location for the es- (i) annually deposit 50 percent in a special of the Bureau of Land Management. tablishment of a centralized off-road vehicle account in the Treasury, to be used by the SEC. 11. SUNRISE MOUNTAIN INSTANT STUDY recreation park in the County; Secretary for the development, maintenance, AREA RELEASE. (II) to provide the public with opportuni- operations, and environmental restoration (a) FINDING.—Congress finds that for the ties for off-road vehicle recreation, including and mitigation of the Nellis Dunes Recre- purposes of section 603 of the Federal Land a location for races, competitive events, ation Area; and Policy and Management Act of 1976 (43 training and other commercial services that (ii) retain 50 percent, to be used by the U.S.C. 1782), the public land in Clark County, directly support a centralized off-road vehi- County— Nevada, administered by the Bureau of Land cle recreation area and County park; and (I) to pay for capital improvements øthat Management in the Sunrise Mountain In- (III) to provide a designated area and fa- are not covered by subsection (a)(7)(B)¿; and stant Study Area has been adequately stud- cilities that would discourage unauthorized (II) to maintain and operate the park es- ied for wilderness designation. use of off-highway vehicles in areas that tablished under paragraph (3)(A)(i)(I).

VerDate Mar 15 2010 02:03 May 17, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.037 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 16, 2013 CONGRESSIONAL RECORD — SENATE S3579 (5) AGREEMENT WITH NELLIS AIR FORCE (4) EASEMENT.—The United States re- the Senate Foreign Relations Com- BASE.— serves— mittee, outraged at the implication (A) IN GENERAL.—Before the Federal land (A) a right of flight for the passage of air- that we in the Senate have not done may be conveyed to the County under para- craft in the airspace above the surface of the enough to investigate what has hap- graph (1), the Clark County Board of Com- Federal land conveyed to the County; and missioners and Nellis Air Force Base shall (B) the right to cause in the airspace any pened in Benghazi; that we have not in- enter into an interlocal agreement for the noise, vibration, smoke, or other effects that vestigated it thoroughly; that we have Federal land and the Nellis Dunes Recre- may be inherent in the operation of aircraft not looked at the details, have not ana- ation Area— landing at, or taking off from, Nellis Air lyzed the information—classified and (i) to enhance safe off-highway recreation Force Base. unclassified—that has come before us. use; and SEC. 13. CONVEYANCE OF LAND FOR NELLIS AIR The committee has held four hear- (ii) to ensure that development of the Fed- FORCE BASE. ings—four—on the attack on Special eral land is consistent with the long-term (a) IN GENERAL.—Administrative jurisdic- mission requirements of Nellis Air Force Mission Benghazi. The very first hear- tion over the parcel of Federal land de- ing I chaired in January was on this Base. scribed in subsection (b) is transferred from (B) LIMITATION.—The use of the Federal the Bureau of Land Management to the Air topic with Secretary Clinton. In fact, land conveyed under paragraph (1) shall not Force for inclusion in Nellis Air Force Base. we postponed the nomination hearing compromise the national security mission or (b) DESCRIPTION OF LAND.—The parcel of of Senator Kerry so that Secretary aviation rights of Nellis Air Force Base. Federal land referred to in subsection (a) is Clinton could come before us and ex- (6) ADDITIONAL TERMS AND CONDITIONS.— the approximately 410 acres of land adminis- plain what happened and why, despite With respect to the conveyance of Federal tered by the Bureau of Land Management her medical condition at the time. land under paragraph (1), the Secretary may and identified as ‘‘Addition to Nellis Air Let’s make that very clear. One of require such additional terms and conditions Force Base’’ on the map entitled ‘‘North Las as the Secretary considers to be appropriate the very first things we did, despite a Vegas Valley Overview’’ and dated April 30, pending nomination of a new Sec- to protect the interests of the United States. 2013. (7) AVIATION EASEMENT.— retary, and the sitting Secretary’s SEC. 14. MILITARY OVERFLIGHTS. (A) IN GENERAL.—Each deed entered into medical concerns, was to hold a hear- (a) FINDINGS.—Congress finds that— for the conveyance of the Federal land shall (1) military aircraft testing and training ing on this topic and air the facts. contain a perpetual aviation easement re- Prior to that, Chairman Kerry held a serving to the United States all rights nec- activities in the State of Nevada— essary to preserve free and unobstructed (A) are an important part of the national hearing of the committee on December overflight in and through the airspace above, defense system of the United States; and 20 on the events that transpired in over, and across the surface of the Federal (B) are essential in order to secure an en- Benghazi with Deputy Secretaries land conveyed under subsection (b)(1) for the during and viable national defense system Burns and Nides. There were also two passage of aircraft owned or operated by any for the current and future generations of classified briefings in December spe- people of the United States; Federal agency or other Federal entity. cifically on the circumstances sur- (B) REQUIREMENTS.—Each easement de- (2) the units of the National Park System and the additions to the Conservation Area rounding the attack. The December 13 scribed in subparagraph (A) shall include briefing included a video of the attack such terms and conditions as the Secretary established under this Act are located within of the Air Force determines to be necessary a region critical to providing training, re- with high level officials from State, to comply with subparagraph (A). search, and development for the Armed the Joint Staff, Defense Department, (c) DESIGNATION OF THE NELLIS DUNES NA- Forces of the United States and allies of the the FBI, and the intelligence commu- TIONAL OFF-HIGHWAY VEHICLE RECREATION Armed Forces; nity. They included Patrick Kennedy, AREA.— (3) there is a lack of alternative sites avail- Under Secretary of State for Manage- able for the military training, testing, and (1) IN GENERAL.—The approximately 10,000 ment at State; Matthew Olsen, Direc- acres of land identified as ‘‘Nellis Dunes’’ in research activities being conducted in the the Bureau of Land Management Resource State of Nevada; tor of the National Counterterrorism Management Plan shall be known and des- (4) continued use of the airspace in the Center; Maj. Gen. Darryl Roberson, ignated as the ‘‘Nellis Dunes Off-Highway State of Nevada is essential for military pur- Vice Director of Operations at the Vehicle Recreation Area’’. poses; and Joint Staff; Gary Reid, Principal Dep- (2) MANAGEMENT PLAN.—The Director of (5) continuation of the military activities uty Assistant Secretary of Defense for the Bureau of Land Management may de- in the State of Nevada, under appropriate Special Operations and Low Intensity velop a special management plan for the terms and conditions, is not incompatible Conflict; Jenny Ley, Deputy Assistant Nellis Dunes Recreation Area to enhance the with the protection and proper management of the natural, environmental, cultural, and Director at the FBI. safe use of off-highway vehicles for rec- On December 19, there was a high- reational purposes. other resources and values of Federal land in level classified briefing with the Ac- (3) AVIATION RIGHTS.—The aviation rights the State of Nevada. described in subsection (b)(7) shall apply to (b) OVERFLIGHTS.—Nothing in this Act or countability Review Board with Am- the Nellis Dunes Recreation Area. any other land management law applicable bassador Pickering and Admiral (d) WITHDRAWAL AND RESERVATION OF LAND to a new unit of the National Park System Mullen. FOR NELLIS AIR FORCE BASE.— or an addition to the Conservation Area des- At his nomination hearing in Janu- (1) WITHDRAWAL.—Subject to valid existing ignated by this Act shall restrict or preclude ary, Secretary Kerry also fully ad- rights and except as otherwise provided in overflights, including— dressed this issue and then again at the (1) low-level overflights of military air- this subsection— committee’s annual budget hearing (A) the Federal land and interests in the craft over the Federal land; and Federal land identified on the map as ‘‘Land (2) military overflights that can be seen or this past April. Last week, the nominee to be withdrawn for Nellis Air Force Base’’ heard within the unit or Conservation Area. to be our new Ambassador to Libya, are withdrawn from all forms of appropria- (c) SPECIAL AIRSPACE.—Nothing in this Act Deborah Kay Jones, testified before the tion under the general land laws, including or any other land management law applica- full committee—another opportunity the mining, mineral leasing, and geothermal ble to a new unit of the National Park or an for my friends on the other side to ask leasing laws; and addition to the Conservation Area des- questions, to get the truth, not create (B) jurisdiction over the land and interest ignated by this Act shall restrict or preclude their own truth for political purposes. the designation of new units of special air- in land withdrawn and reserved by this sub- That hearing was yet another oppor- section is transferred to the Secretary of the space or the use or establishment of military Air Force. flight training routes over the unit or Con- tunity to ask questions about the secu- (2) RESERVATION.—The land withdrawn servation Area. rity situation on the ground. Yet Re- under paragraph (1) is reserved for use by the publican participation was limited to Secretary of the Air Force for— By Mr. MENENDEZ (for himself, just a handful of Members. (A) the enlargement and protection of Mr. REID, Mr. CARDIN, Mr. We have fully vetted this issue. We Nellis Air Force Base; or KAINE, Mrs. BOXER, Mr. MUR- have held hearing after hearing. We (B) other defense-related purposes con- PHY, and Mrs. FEINSTEIN): have, on both sides, had the oppor- sistent with the purposes of this subsection. S. 980. A bill to provide for enhanced tunity to have our questions answered. (3) CHANGES IN USE.—The Secretary of the embassy security, and for other pur- In fact, in total, between the House and Air Force shall consult with the Secretary before using the land withdrawn and re- poses; to the Committee on Foreign the Senate, there have been 11 hearings served by this subsection for any purpose Relations. on Benghazi, 25,000 pages of documents other than the purposes described in sub- Mr. MENENDEZ. Mr. President, I released, and now a full e-mail history section (b)(3)(A)(i). rise at this moment, as chairman of of the interagency process.

VerDate Mar 15 2010 02:03 May 17, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.037 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3580 CONGRESSIONAL RECORD — SENATE May 16, 2013 Our focus now should not be on the of our missions and the safety of our tion in cases of unsatisfactory leader- work product of the CIA or State on personnel. That has been, and will re- ship by senior officials related to a se- draft talking points we have seen in main, the clear focus of the Foreign curity incident, which does not pres- hundreds of e-mails released by the Relations Committee going forward, ently exist. This will allow appropriate White House yesterday; it should not and I hope we will have the support of disciplinary action to be taken against be to score political points at the ex- our Republican colleagues. any future officials in a circumstance pense of the families of the four vic- In my view the Monday morning such as Benghazi. tims. It should be on doing all we can quarterbacking on this issue is politi- The bill requires planning to incor- to protect our personnel serving over- cally driven—a perspective shared by porate additional marine security seas and providing the necessary over- former Republican Defense Secretary guards at overseas facilities, and it re- sight and legislative authority to carry Gates, who said on Sunday: ‘‘Frankly, I quires extensive reporting on State’s out the Administrative Review Board’s think my decisions would have been implementation of the Accountability recommendations. just as theirs were’’ with regard to Review Board’s recommendations on I would remind my friends and the sending in Special Forces teams or the designation of high-risk, high- American people that nothing has overflights by fighter aircraft based in threat posts. changed. The facts remain the facts. Italy. I hope we can work together to do They are the same today as they were Former Secretary Gates said: what has to be done to protect those in September, in October, in November, Without knowing what the environment is, who serve this Nation abroad. If we in December, and in January. It is the without knowing what the threat is, without want to address the problem, we have rhetoric and the political calculus that having any intelligence in terms of what is an opportunity to do it. If we want to has changed. In fact, the e-mails re- actually going on, on the ground, would have score political points, fine, but do not leased by the White House further dem- been very dangerous. do it at the risk of American lives. onstrate that point. So I think we have common inter- The original CIA-produced talking ests. I have been working hard to en- Let’s work together to fix the problem, points, notably produced as the result sure full implementation of all 29 rec- not use it for political advantage. of a request by the House Intelligence ommendations made by the Adminis- By Mr. CORNYN: Committee for media interviews, clear- trative Review Board—recommenda- ly show that in the days immediately tions to ensure that going forward we S. 983. A bill to prohibit the Sec- after the attack, the intelligence com- are providing adequate personnel and retary of the Treasury from enforcing munity was not sure what exactly hap- resources to meet local conditions at the Patient Protection and Affordable pened or who was responsible. The more than 280 facilities in over 180 Care Act and the Health Care and Edu- points produced by the CIA said the countries around the world, specifi- cation Reconciliation Act of 2010; to agency’s belief the events in Benghazi cally where host nations are unable to the Committee on Finance. were spontaneously inspired by the provide adequate protection to our dip- There being no objection, the text of protests at the U.S. Embassy in Cairo lomats. I call on our Republican col- the bill was ordered to be printed in and evolved into a direct assault leagues to join us in that effort. the RECORD, as follows: Today, I am introducing legislation. I against the U.S. diplomatic post in S. 983 Benghazi and subsequently its annex. hope we will be able to count on the Be it enacted by the Senate and House of Rep- That point stays in the talking points support of all of our colleagues to enact this crucial, time-sensitive legis- resentatives of the United States of America in from beginning to end of the inter- Congress assembled, agency process, with no debate, and is lation without delay, without obstruc- SECTION 1. SHORT TITLE. conveyed to the House Intelligence tion, and without political Committee. grandstanding. This Act may be cited as the ‘‘Keep the IRS Off Your Health Care Act of 2013’’. Throughout the e-mail discussions, The bill will provide authority to the agency makes clear their informa- fund the Capital Security Cost Sharing SEC. 2. FINDINGS. tion is limited and that there is a lot Program to permit us to move forward Congress finds the following: they simply don’t know. In fact, the with construction at high-risk, high- (1) On May 10, 2013, the Internal Revenue National Counterterrorism Center says threat posts. This account was created Service admitted that it singled out advocacy groups, based on ideology, seeking tax- in one e-mail: following the U.S. Embassy bombings in Kenya and in Tanzania, and at that exempt status. At this point we are not aware of any ac- time it would have allowed us to con- (2) This action raises pertinent questions tionable intelligence that this attack was about the agency’s ability to implement and planned or imminent. The intelligence com- struct 8 to 10 facilities per year. How- oversee the Patient Protection and Afford- munity is combing through reporting from ever, the way the Congress is funding able Care Act (Public Law 111-148) and the before and after the attack to determine the it, it presently is funding for construc- Health Care and Education Reconciliation full extent of who was involved. tion of just two to three facilities per Act of 2010 (Public Law 111-152). It became clear over time that this year, despite the fact that there are at (3) This action could be an indication of fu- was, in fact, a calculated terrorist at- least two dozen posts that fall into ture Internal Revenue Service abuses in relation to the Patient Protection and Afford- that high-risk, high-threat category. tack, but there was no political cal- able Care Act and the Health Care and Edu- culation involved in the initial assess- At that rate it will take us over 8 years cation Reconciliation Act of 2010, given that ment. to get around to construction at just it is their responsibility to enforce a key So let’s be honest about what is hap- the posts with the highest risk of at- provision, the individual mandate. pening here. It is not about doing all tack. (4) Americans accept the principle that pa- we can to find the truth and making The bill authorizes funding for Ara- tients, families, and doctors should be mak- sure it never happens again; it is about bic language training and for a Foreign ing medical decisions, not the Federal Gov- ernment. political gamesmanship and finding Affairs Security Training Center to someone to blame. train diplomatic security personnel. It SEC. 3. PROHIBITING ENFORCEMENT OF PPACA I remind my friends, and the Amer- provides contract authority to the AND HCERA. ican people, again, nothing has State Department to allow it to award The Secretary of the Treasury, or any dele- gate of the Secretary, shall not implement changed. Some wish to make this a po- contracts on a best value basis rather or enforce any provisions of or amendments litical issue to drive a purely political than to the lowest bidder where condi- made by the Patient Protection and Afford- agenda. I believe our real focus, our tions require enhanced levels of secu- able Care Act (Public Law 111-148) or the honest focus, and what the American rity. At the administration’s request, Health Care and Education Reconciliation people truly care about is the security the bill will authorize disciplinary ac- Act of 2010 (Public Law 111-152).

VerDate Mar 15 2010 02:44 May 17, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.027 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 16, 2013 CONGRESSIONAL RECORD — SENATE S3581 SUBMITTED RESOLUTIONS journalists are imprisoned are Turkey, Whereas the deeply flawed November 2011 China, Eritrea, Iran, and Syria; presidential election in the Democratic Re- Whereas the abuse of anti-terrorism and public of the Congo presented significant po- SENATE RESOLUTION 143—RECOG- cybercrime laws to incarcerate journalists litical, economic, and social challenges, and NIZING THE THREATS TO FREE- and suppress freedom of the press occurred provincial and local elections still have not DOM OF THE PRESS AND EX- on numerous occasions abroad in 2012; been conducted despite plans to hold such Whereas freedom of the press is a key com- elections in 2012; PRESSION AROUND THE WORLD ponent of democratic governance, the activ- AND REAFFIRMING FREEDOM OF Whereas the Democratic Republic of the ism of civil society, and socio-economic de- Congo remains subject to recurring conflict THE PRESS AS A PRIORITY IN velopment; despite one of the world’s longest-running, THE EFFORTS OF THE UNITED Whereas, in the ongoing political transi- largest, and most expensive international STATES GOVERNMENT TO PRO- tion of Burma, notable progress was made in peacekeeping operations and extensive bilat- MOTE DEMOCRACY AND GOOD advancing freedom of the press in 2012, al- eral and multilateral efforts to address long- GOVERNANCE ON THE OCCASION though certain problems remain; and standing humanitarian crises, forge lasting OF WORLD PRESS FREEDOM DAY Whereas freedom of the press enhances peace, and pursue security sector reform and public accountability, transparency, and par- ON MAY 3, 2013 accountability; ticipation: Now, therefore, be it Whereas members of civil society and po- Resolved, That the Senate— Mr. MENENDEZ (for himself and Mr. litical parties from both the majority and (1) expresses concern about the threats to RUBIO) submitted the following resolu- the opposition in the Democratic Republic of tion; which was referred to the Com- freedom of the press and expression around the world on the occasion of World Press the Congo created the National Preparatory mittee on Foreign Relations: ´ ´ Freedom Day on May 3, 2013; Committee (Comite National Preparatoire or S. RES. 143 (2) commends journalists around the world CNP) to lay the groundwork for convening a Whereas Article 19 of the United Nations for the essential role they play in promoting national forum and dialogue with the goal of Universal Declaration of Human Rights, government accountability, defending demo- putting an end to the multifaceted crisis adopted at Paris December 10, 1948, states cratic activity, and strengthening civil soci- that afflicts the Democratic Republic of the that ‘‘everyone has the right to freedom of ety, despite threats to their safety; Congo; opinion and expression; this right includes (3) pays tribute to the journalists who have Whereas, on November 15, 2012, the United freedom to hold opinions without inter- lost their lives carrying out their work and Nations Group of Experts provided compel- ference and to seek, receive, and impart in- calls on governments abroad to thoroughly ling evidence that the crisis in eastern Congo formation and ideas through any media and investigate and seek to resolve all cases had been fueled and exacerbated by regional regardless of frontiers’’; while ensuring the protection of witnesses; actors, including through provision of sig- Whereas, in 1993, the United Nations Gen- (4) condemns all actions around the world nificant military and logistical assistance eral Assembly proclaimed May 3 of each year that suppress freedom of the press; and of operational and political support to as World Press Freedom Day to celebrate the (5) reaffirms the centrality of freedom of the armed group known as the M23; fundamental principles of freedom of the the press to efforts by the United States Whereas the United Nations and United press, to evaluate freedom of the press Government to support democracy, mitigate States Government have imposed sanctions around the world, to defend the media from conflict, and promote good governance do- on the M23 and its leaders for human rights attacks on its independence, and to pay trib- mestically and around the world; and atrocities including rape, massacres, and the ute to journalists who have lost their lives in (6) calls on the President and the Secretary recruitment and physical and psychological the exercise of their profession; of State— torture of child soldiers; Whereas 2013 is the 20th anniversary of (A) to improve the means by which the Whereas, on March 18, 2013, International World Press Freedom Day, which focuses on United States Government rapidly identifies, Criminal Court (ICC) indictee and leader of a the theme ‘‘Safe to Speak: Securing Free- publicizes, and responds to threats against faction of the M23 rebel group, Bosco dom of Expression in All Media’’; freedom of the press around the world; and Ntaganda, turned himself in to the United Whereas the Daniel Pearl Freedom of the (B) to highlight the issue of threats States Embassy in Kigali, asking to be Press Act of 2009 (22 U.S.C. 2151 note; Public against freedom of the press year-round. transferred to the ICC in The Hague, where Law 111–166), which was passed by unanimous f he voluntary surrendered on March 22, 2013; consent in the Senate and signed into law by Whereas the Lord’s Resistance Army con- President Barack Obama in 2010, expanded SENATE RESOLUTION 144—CON- tinues to perpetrate attacks against civilian the examination of freedom of the press CERNING THE ONGOING CON- populations in affected areas of northeastern around the world in the annual human rights FLICT IN THE DEMOCRATIC RE- Congo, creating widespread insecurity and report of the Department of State; PUBLIC OF THE CONGO AND THE displacement; Whereas, according to Freedom House, the NEED FOR INTERNATIONAL EF- Whereas the Democratic Republic of the percentage of people in the world who live in Congo, Rwanda, and 9 other countries on countries with a free media environment fell FORTS SUPPORTING LONG-TERM PEACE, STABILITY, AND OB- February 24, 2013, signed the Peace, Security to 14 percent in 2012, the lowest percentage and Cooperation Framework that provides in more than a decade; SERVANCE OF HUMAN RIGHTS for a comprehensive approach to the ongoing Whereas, according to Reporters Without Mr. COONS (for himself, Mr. DURBIN, conflict; Borders, 88 journalists and 47 citizen journal- Mr. BOOZMAN, and Mr. ISAKSON) sub- Whereas the United Nations Security ists were killed in 2012 in connection with mitted the following resolution; which Council adopted Resolution 2098 on March 28, their collection and dissemination of news was referred to the Committee on For- 2013, extending the mandate of the United and information, an increase of 33 percent Nations Organization Stabilization Mission and 840 percent, respectively, compared to eign Relations: (MONUSCO) and authorizing the creation of 2011; S. RES. 144 an intervention brigade tasked with neutral- Whereas, according to Reporters Without Whereas, since the 1990s, an estimated izing armed groups; and Borders, the five deadliest countries for jour- 5,000,000 people have died due to repeated cy- Whereas, on March 18, 2013, United Nations nalists in 2012 were Syria, Somalia, Paki- cles of conflict, lack of governance, and stan, Mexico, and Brazil; atrocities in the Democratic Republic of the Secretary-General Ban Ki-Moon appointed Whereas, according to the Committee to Congo, particularly those in North and former President of Ireland and High Com- Protect Journalists, 593 journalists have South Kivu provinces, and, since the begin- missioner for Human Rights, Mary Robinson, been murdered since 1992 without the per- ning of 2012, more than 2,000,000 people have to serve as Special Envoy for the Great petrators of those crimes facing punishment; been displaced; Lakes region: Now, therefore, be it Whereas, according to the Committee to Whereas the United Nations and humani- Resolved, That the Senate— Protect Journalists, the five countries with tarian groups have reported staggering rates (1) commends United Nations Secretary- the highest number of unsolved journalist of sexual violence indicating tens of thou- General Ban Ki-Moon’s commitment and murders since 2003 as a percentage of the sands of cases perpetrated by security forces leadership to resolving the crisis in the population of that country are Iraq, Soma- of the Government of the Democratic Repub- Democratic Republic of the Congo and his lia, Philippines, Sri Lanka, and Colombia; lic of the Congo and non-state armed groups, appointment of Mary Robinson as United Na- Whereas, according to Reporters Without which continue to operate with nearly total tions Special Envoy to the Great Lakes; Borders, 879 journalists and 144 citizen jour- impunity; (2) supports the commitments agreed to by nalists were arrested in 2012; Whereas human rights defenders in the the signatories of the Peace, Security and Whereas, according to the Committee to Democratic Republic of the Congo have been Cooperation (in this resolution, the ‘‘Frame- Protect Journalists, there were a record 232 subject to intimidation and attack; work’’), and encourages them to work close- journalists in prison worldwide on December Whereas the Democratic Republic of the ly with the United Nations, the African 1, 2012; Congo’s wealth of natural resources, includ- Union, the International Conference on the Whereas, according to Reporters Without ing minerals, have been a key driver of insta- Great Lakes Region, the Southern African Borders, the five countries in which the most bility and violence; Development Community, as guarantors of

VerDate Mar 15 2010 02:44 May 17, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.040 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3582 CONGRESSIONAL RECORD — SENATE May 16, 2013 the Framework, and the United Nations Spe- Act for Fiscal Year 2013 (Public Law 112–239; egories in which racial and ethnic minorities cial Envoy, MONUSCO, and relevant inter- 50 U.S.C. 1701 note); experience the most disparate access to national bodies and governments to develop, (8) calls on governments of the Great health care and health outcomes, including implement, and enforce a comprehensive Lakes region of Africa to immediately halt infant mortality, cancer screening and man- peace process for the region; and prevent any and all forms of support to agement, cardiovascular disease, diabetes, (3) notes that the adoption of the Frame- non-state armed groups, including support HIV and AIDS infection, and immunizations; work, the appointment of Mary Robinson as provided by individuals independent of gov- Whereas African-American women are United Nations Special Envoy to the Great ernment policy; more than twice as likely to die of cervical Lakes, and the expanded MONUSCO mandate (9) calls on all relevant nations, including cancer than White women and are more like- provide an opportunity to make meaningful destination and transit countries, to in- ly to die of breast cancer than women of any and sustained progress toward ending the re- crease cooperation on ending the illicit trade other racial or ethnic group; current cycles of violence in the Democratic in conflict minerals, wildlife, and wildlife Whereas the rate of death from coronary Republic of the Congo, especially in eastern parts, which continues to fuel and fund vio- heart disease is 30 percent higher among Af- Congo; lence and to deprive citizens of economic op- rican Americans than among Whites; (4) urges the signatories of the Framework portunity in the Democratic Republic of the Whereas the death rate from stroke is 50 and the international community to engage Congo and the broader region; percent higher among African Americans and consult with representatives of the Gov- (10) calls on the signatories of the Frame- than among Whites; ernment of the Democratic Republic of the work to cooperate in the arrest and prosecu- Whereas in 2012, as compared to non-His- tion of those responsible for violating inter- Congo and civil society representatives en- panic Whites living in Hawaii, Native Hawai- national humanitarian law and for serious gaged in the ongoing effort to convene an in- ians had more than twice the rate of medi- human rights violations, including gender- clusive national forum and dialogue; cally-diagnosed diabetes and were 5.7 times based violence; (5) urges the President to appoint a Special more likely to die of diabetes; (11) calls on the Government of the Demo- Envoy to the Great Lakes in the near-term Whereas compared to non-Hispanic White cratic Republic of the Congo to engage in men, African American men are 9.5 times in order to represent the United States in meaningful and inclusive electoral reforms, international and regional efforts to end the more likely to die of AIDS and Hispanic men prepare and hold impartially administered are 2.5 times more likely to die of AIDS; conflict and secure sustainable peace, sta- local and provincial elections as soon as bility, and safety for the people of the Demo- Whereas in 2010, 84 percent of children born technically possible, continue to participate with HIV infection belonged to minority cratic Republic of the Congo by— in ongoing efforts to provide a platform for (A) working with United Nations Special groups; inclusive dialogue within the Democratic Whereas the Department of Health and Envoy Mary Robinson and the broader inter- Republic of the Congo to address critical in- national community to promote a trans- Human Services has identified diseases of ternal political issues, and strengthen proc- the heart, malignant neoplasm, uninten- parent and inclusive process to implement esses of state institution building; the regional and national commitments tional injuries, diabetes, and cerebrovascular (12) calls on the Government of the Demo- disease as some of the leading causes of under the Framework, including the develop- cratic Republic of the Congo, in coordination ment of clear benchmarks for progress and death among American Indians and Alaska with the international community, to under- Natives; appropriate follow-on measures; take significant security sector reform, Whereas American Indians and Alaska Na- (B) strengthening international efforts to which is a necessary component for lasting tives die at higher rates than other people in mobilize and support justice for victims and stability, and renewed disarmament, demobi- the United States from tuberculosis, diabe- accountability for perpetrators of sexual and lization, and reintegration (DDR) efforts tes, unintentional injuries, and suicide; and gender based violence and other human that ensure that any rebel troops, especially Whereas American Indians and Alaska Na- rights abuses in the Democratic Republic of commanders, responsible for human rights tives have a life expectancy that is 5.2 years the Congo; violations are held accountable and not re- shorter than the life expectancy of the over- (C) expanding efforts to develop conflict- integrated into the Armed Forces of the all population of the United States: Now, free and responsible mining and supply Democratic Republic of the Congo (FARDC); chains for the region’s vast mineral re- and therefore, be it Resolved, That the Senate supports the sources, in coordination with other govern- (13) urges the Government of the Demo- goals and ideals of National Minority Health ment, private industry, and international cratic Republic of the Congo to improve ef- Month in April 2013 to bring attention to the and local organizations; forts to protect civilians from armed groups, severe health disparities faced by minority (D) coordinating with international and re- in cooperation with MONUSCO and the Afri- populations such as American Indians and gional partners to expand unhindered access can Union’s Regional Cooperation Initiative Alaska Natives, Asians, Blacks or African to life-saving humanitarian assistance to on the LRA. Americans, Hispanics or Latinos, and Native populations in need, particularly displaced f Hawaiians and other Pacific Islanders. persons and conflict-affected communities; SENATE RESOLUTION 145—PRO- (E) pressing for fulfillment of the commitment of the Government of the Democratic MOTING MINORITY HEALTH f Republic of the Congo, as well as other re- AWARENESS AND SUPPORTING gional actors, to ending the threat posed by THE GOALS AND IDEALS OF NA- SENATE RESOLUTION 146—DESIG- the M23, the Lord’s Resistance Army (LRA), TIONAL MINORITY HEALTH NATING THE WEEK OF MAY 12 the Democratic Forces for the Liberation of MONTH IN APRIL 2013 TO BRING THROUGH MAY 18, 2013, AS ‘‘NA- Rwanda (FDLR), and other armed groups in ATTENTION TO THE HEALTH TIONAL POLICE WEEK’’ the Great Lakes region, and to facilitate en- DISPARITIES FACED BY MINOR- Ms. LANDRIEU (for herself, Mr. hanced coordination of regional efforts to ITY POPULATIONS SUCH AS WICKER, Mr. SESSIONS, Ms. KLOBUCHAR, counter these groups; and AMERICAN INDIANS AND ALAS- (F) mobilizing and facilitating United Mr. COONS, Ms. HEITKAMP, Mr. KA NATIVES, ASIANS, BLACKS States and international support for elec- MERKLEY, Mr. DURBIN, Mr. LAUTEN- OR AFRICAN AMERICANS, HIS- toral reforms in the Democratic Republic of BERG, Mr. HATCH, Mr. BURR, and Mr. PANICS OR LATINOS, AND NA- the Congo, with the goal of encouraging free, MENENDEZ) submitted the following fair, and credible provincial and local elec- TIVE HAWAIIANS AND OTHER resolution; which was considered and tions in the near-term, and presidential elec- PACIFIC ISLANDERS agreed to: tions in 2016; Mr. CARDIN (for himself and Mr. (6) calls on the President to support the S. RES. 146 SCHATZ) submitted the following reso- creation of a World Bank Fund for the Great Whereas, in 1962, John Fitzgerald Kennedy Lakes Region, as part of a coordinated inter- lution; which was considered and proclaimed May 15 to be ‘‘Peace Officers Me- national investment and development strat- agreed to: morial Day’’, and designated the calendar egy aimed at deepening regional economic S. RES. 145 week in which May 15 falls as ‘‘National Po- integration and stability and leveraging re- Whereas in 2011, the Department of Health lice Week’’; form; and Human Services released the ‘‘National Whereas law enforcement officers are (7) calls on the President, in close coordi- Stakeholder Strategy for Achieving Health charged with pursuing justice and protecting nation with international and regional part- Equity’’ and the ‘‘Disparities action Plan’’ to communities in the United States; ners, to work with the Government of the reduce health care disparities in the United Whereas State and local police officers, Democratic Republic of the Congo to develop States; sheriffs, and other law enforcement officers and implement recommendations to improve Whereas a recent analysis estimates that across the United States serve with dignity accountability for serious violations of the economy of the United States loses an and integrity; international humanitarian law and human estimated $309,000,000,000 a year due to the Whereas law enforcement officers serve as rights abuses in the Democratic Republic of direct and indirect costs of health dispari- first responders to natural disasters such as the Congo, including by considering imposi- ties; Hurricane Isaac and Hurricane Sandy; tion of sanctions authorized under section Whereas the Department of Health and Whereas law enforcement officers serve as 1284 of the National Defense Authorization Human Services has identified 6 main cat- first responders to terrorist attacks such as

VerDate Mar 15 2010 02:44 May 17, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.041 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 16, 2013 CONGRESSIONAL RECORD — SENATE S3583 the bombings at the Boston Marathon in (2) expresses strong support for law en- placed with nonrelatives, have more sta- Boston, Massachusetts, and to accidents forcement officers across the United States bility, including fewer changes in place- such as the fertilizer plant explosion in West, for their efforts to build safer and more se- ments, have more positive perceptions of Texas; cure communities; their placements, are more likely to be Whereas law enforcement officers selflessly (3) recognizes the need to ensure that law placed with their siblings, and demonstrate risk their personal safety in the interest of enforcement officers have the equipment, fewer behavioral problems; public safety; training, and resources necessary to protect Whereas some relative caregivers receive Whereas Peace Officers Memorial Day hon- their health and safety while they are pro- less financial assistance and support services ors law enforcement officers killed in the tecting the public; than foster caregivers; line of duty; (4) recognizes the members of the law en- Whereas recent studies show foster chil- Whereas Peace Officers Memorial Day this forcement community for their selfless acts dren enrolled in Medicaid were prescribed year honors 143 law enforcement officers re- of bravery; antipsychotic medications at nearly 9 times cently killed in the line of duty, including (5) acknowledges that police officers and the rate of other children receiving Med- Randall L. Benoit, Brandon Joseph Nielson, other law enforcement officers who have icaid; Jeremy Michael Triche, Ricky Ray Issac, made the ultimate sacrifice should be re- Whereas youth in foster care are much Jr., Howard Evans Jr., Raymundo membered and honored; and more likely to face educational instability, Dominguez, Steven C. D. Green Sr., David W. (6) encourages the people of the United with 65 percent of former foster children ex- Ridlesperger, Scott J. Ward, William H. States to observe National Police Week with periencing at least 7 school changes while in Coleman, James D. Lister, David W. Wargo appropriate ceremonies and activities that foster care; Jr., Barbara A. Ester, Robert L. Paris Jr., promote awareness of the vital role of law Whereas an increased emphasis on preven- Kenyon M. Youngstrom, Jeremy S. Bitner, enforcement officers in building safer and tion and reunification services is necessary James J. Davies, Leide W. DeFusco, Celena more secure communities across the United to reduce the number of children who are C. Hollis, Mary K. Ricard, Matthew R. Tyner, States. forced to remain in the foster care system; William H. Dyer III, Michael K. Erickson, Whereas more than 26,200 youth ‘‘age out’’ f Barbara A. Pill, Christopher A. Schaub, of foster care annually without a legal per- Bruce E. St. Laurent, Ruben H. Thomas III, SENATE RESOLUTION 147—RECOG- manent connection to an adult or family; David A. White, Sean L. Callahan, Robert W. Whereas the number of youth who age out Crapse Sr., Elgin L. Daniel, Richard J. NIZING NATIONAL FOSTER CARE MONTH AS AN OPPORTUNITY TO of foster care has increased during the past Halford, Shawn A. Smiley, Larry L. Stell, decade; Gail D. Thomas, Garret C. Davis, Eric C. RAISE AWARENESS ABOUT THE Whereas foster care is intended to be a Fontes, Chad M. Morimoto, Nikkii Bostic- CHALLENGES OF CHILDREN IN temporary placement, but children remain Jones, Kyle W. Deatherage, Lamont C. Reid, THE FOSTER CARE SYSTEM, AND in the foster care system for an average of 2 Timothy A. Betts, Britney R. Meux, Robert ENCOURAGING CONGRESS TO IM- years; L. Atherly, Davis S. Gogian, Herbert D. PLEMENT POLICY TO IMPROVE Whereas children in foster care experience Proffitt, Carl A. Rakes, Mark A. Taulbee, an average of 3 different placements, which Charles B. Licato, Adrian A. Morris, William THE LIVES OF CHILDREN IN THE often leads to disruption of routines and the D. Talbert, Forrest E. Taylor, Teresa L. FOSTER CARE SYSTEM need to change schools and move away from Testerman, Kevin E. Ambrose, Peter J. Ms. LANDRIEU (for herself, Mr. siblings, extended families, and familiar sur- Kneeland, Jose Torres, Ryan Tvelia, Joseph GRASSLEY, Mr. BEGICH, Mrs. MURRAY, roundings; T. Candie, Patrick J. O’Rourke, Thomas E. Whereas children entering foster care often Decker, Michael J. Walter, William M. Mudd, Mr. KAINE, Mr. LEVIN, Mr. WYDEN, Mr. confront the widespread misperception that Christopher R. Parsons, George F. Ross Sr., CARDIN, Mr. JOHNSON of South Dakota, children in foster care are disruptive, unruly, Tracy A. Hardin, Denny Lawrence, Michael Mr. BLUNT, Mr. HOEVEN, and Mr. NEL- and dangerous, even though placement in P. Maloney, James G. Hoopes III, Chris- SON) submitted the following resolu- foster care is based on the actions of a par- topher W. Reeves, Robert A. Potter, Amanda tion; which was considered and agreed ent or guardian, not the child; D. Anna, Fermin S. Archer Jr., Michael J. to: Chiapperini, Arthur Lopez, Joseph P. Olivieri Whereas children who age out of foster Jr., Christopher M. Pupo, Bobby G. DeMuth S. RES. 147 care lack the security and support of a bio- Jr., Jeremiah M. Goodson Jr., Dewayne C. Whereas National Foster Care Month was logical or adoptive family and frequently Hester, William R. Mast Jr., Edward A. established more than 20 years ago to— struggle to secure affordable housing, obtain Pounds, Randall S. Thomas, William L. (1) bring foster care issues to the forefront health insurance, pursue higher education, Wright, Jason E. Gresko, Frank D. Mancini, of public consciousness; and acquire adequate employment; William C. Coen, Brian E. Hayden, Jeffrey M. (2) highlight the importance of perma- Whereas States, localities, and commu- McCoy, Blake T. Coble, Bradley M. Fox, nency for every child; and nities should be encouraged to invest re- Avery E. Freeman, Brian J. Lorenzo, Moses (3) recognize the essential role that foster sources in preventative and reunification Walker Jr., Maxwell R. Dorley, Sandra E. parents, social workers, and advocates have services and postpermanency programs to Rogers, David C. Gann, Martoiya V. Lang, in the lives of children in foster care ensure that more children in foster care are Justin D. Maples, Javier Arana Jr., Brian D. throughout the United States; provided with safe, loving, and permanent Bachmann, Angel Garcia, Paul Hernandez, Whereas all children deserve a safe, loving, placements; Joshua S. Mitchell, Jonathan K. Molina, and permanent home; Whereas Federal legislation during the Edrees Mukhtar, Jimmie D. Norman, Jamie Whereas the primary goal of the foster past 3 decades, including the Adoption As- D. Padron, Michael R. Smith, Joshua S. Wil- care system is to ensure the safety and well- sistance and Child Welfare Act of 1980 (Pub- liams, Aaron R. Beesley, Jard D. Francom, being of children while working to provide a lic Law 96–272), the Adoption and Safe Fami- Morton M. Ford III, Andrew D. Fox, Michael safe, loving, and permanent home for each lies Act of 1997 (Public Law 105–89), the Fos- C. Walzier, Chris Yung, Tony V. Radulescu, child; tering Connections to Success and Increasing Marshall L. Bailey, Michael T. May, Eric M. Whereas approximately 400,000 children are Adoptions Act of 2008 (Public Law 110–351), Workman, Sergio Aleman, Jennifer L. living in foster care; and the Child and Family Services Improve- Sebena, Margaret A. Anderson, Merrill A. Whereas approximately 252,000 youth en- ment and Innovation Act (Public Law 112–34) Bruguier, Leopoldo Cavazos Jr., David R. tered the foster care system in 2011, while provided new investments and services to Delaney, James R. Dominiguez, Terrell more than 104,000 youth were eligible for and improve the outcomes of children in the fos- Horne III, Nicholas J. Ivie, Julio D. La Rosa, awaiting adoption at the end of 2011; ter care system; Preston B. Parnell, Jeffrey Ramirez, Whereas children of minority races and Whereas May 2013 is an appropriate month Abimael Castro-Berrocales, Pedro R. Cora- ethnicities are more likely to stay in the fos- to designate as ‘‘National Foster Care Rivera, Noel D. Cordero-Guzman, Francis A. ter care system for longer periods of time Month’’ to provide an opportunity to ac- Crespo-Mandry, Carlos R. Lozada Vergara, and are less likely to be reunited with their knowledge the accomplishments of the child- Isaac J. Pizarro-Piazarro, Wilfredo Ramos- biological families; welfare workforce, foster parents, the advo- Nieves, Ivan G. Romas-Matos, Victor M. Whereas foster parents— cacy community, and mentors for their dedi- Soto-Velez, and Colvin T. Georges; and (1) are the front-line caregivers for chil- cation, accomplishments, and positive im- Whereas more than 35 law enforcement of- dren who cannot safely remain with their bi- pact on the lives of children; and ficers across the United States have made ological parents; Whereas much remains to be done to en- the ultimate sacrifice during the first 4 (2) provide physical care, emotional sup- sure that all children have a safe, loving, months of 2013, including Officer Sean Col- port, and education advocacy to the children nurturing, and permanent family, regardless lier of the Massachusetts Institute of Tech- in their care; and of age or special needs: Now, therefore, be it nology Police Department: Now, therefore, (3) are the largest single source of families Resolved, That the Senate— be it providing permanent homes for children (1) supports the designation of May 2013 as Resolved, That the Senate— transitioning from foster care to adoption; ‘‘National Foster Care Month’’; (1) designates the week of May 12 through Whereas children in foster care who are (2) recognizes National Foster Care Month May 18, 2013 as ‘‘National Police Week’’; placed with relatives, compared to children as an opportunity to raise awareness about

VerDate Mar 15 2010 02:03 May 17, 2013 Jkt 029060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.043 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3584 CONGRESSIONAL RECORD — SENATE May 16, 2013 the challenges that children face in the fos- SENATE CONCURRENT RESOLU- in room 366 of the Dirksen Senate Of- ter care system; TION 16—AUTHORIZING THE USE fice Building (3) encourages Congress to implement poli- OF EMANCIPATION HALL IN THE The PRESIDING OFFICER. Without cies to improve the lives of children in the CAPITOL VISITOR CENTER FOR objection, it is so ordered. foster care system; (4) acknowledges the special needs of chil- THE UNVEILING OF A STATUE COMMITTEE ON ENVIRONMENT AND PUBLIC dren in the foster care system; OF FREDERICK DOUGLASS WORKS (5) recognizes youth in foster care through- Mr. SCHUMER (for himself and Mr. Mr. REED. Mr. President, I ask unan- out the United States for their ongoing te- DURBIN) submitted the following con- imous consent that the Committee on nacity, courage, and resilience while facing current resolution; which was consid- Environment and Public Works be au- life challenges; ered and agreed to: thorized to meet during the session of (6) acknowledges the exceptional alumni of the Senate on May 16, 2013, at 12 p.m., the foster care system who serve as advo- S. CON. RES. 16 in room 406 of the Dirksen Senate Of- cates and role models for youth who remain Resolved by the Senate (the House of Rep- in care; resentatives concurring), That fice Building. The PRESIDING OFFICER. Without (7) honors the commitment and dedication SECTION 1. USE OF EMANCIPATION HALL FOR of the individuals who work tirelessly to pro- THE UNVEILING OF FREDERICK objection, it is so ordered. vide assistance and services to children in DOUGLASS STATUE. COMMITTEE ON THE JUDICIARY the foster care system; and (a) AUTHORIZATION.—Emancipation Hall in Mr. REED. Mr. President, I ask unan- (8) reaffirms the need to continue working the Capitol Visitor Center is authorized to be imous consent that the Committee on to improve the outcomes of all children in used for an event on June 19, 2013, to unveil the foster care system through parts B and E a statue of Frederick Douglass. the Judiciary be authorized to meet of title IV of the Social Security Act (42 (b) PREPARATIONS.—Physical preparations during the session of the Senate on U.S.C. 601 et seq.) and other programs de- for the conduct of the event described in sub- May 16, 2013, at 9:30 a.m., in SD–G50 of signed to— section (a) shall be carried out in accordance the Dirksen Senate Office Building, to (A) support vulnerable families; with such conditions as may be prescribed by continue its executive business meet- (B) invest in prevention and reunification the Architect of the Capitol. ing. services; f The PRESIDING OFFICER. Without (C) promote adoption in cases where reuni- objection, it is so ordered. fication is not in the best interests of the NOTICE OF HEARING child; COMMITTEE ON SMALL BUSINESS AND (D) adequately serve children brought into COMMITTEE ON ENERGY AND NATURAL ENTREPRENEURSHIP the foster care system; and RESOURCES Mr. REED. Mr. President, I ask unan- (E) facilitate the successful transition into Mr. WYDEN. Mr. President, I would imous consent that the Committee on adulthood for children who ‘‘age out’’ of the like to announce for the information of Small Business and Entrepreneurship foster care system. the Senate and the public that a meet- be authorized to meet during the ses- f ing of the Senate Committee on Energy sion of the Senate on May 16, 2013, at and Natural Resources has been sched- 10:30 a.m. in room 428A Russel Senate SENATE RESOLUTION 148—DESIG- uled to discuss natural gas issues. The Office building to conduct a roundtable NATING MAY 18, 2013, AS ‘‘NA- meeting will be held on Thursday, May entitled ‘‘The Impact of Mandatory E- TIONAL KIDS TO PARKS DAY’’ 23, 2013, at 10 a.m., in room 216 of the Verify on America’s Small Busi- Mr. UDALL of Colorado (for himself, Hart Senate Office Building. nesses.’’ Mr. PORTMAN, and Mr. WYDEN) sub- The purpose of this meeting is to pro- The PRESIDING OFFICER. Without mitted the following resolution; which vide a forum to explore what the next objection, it is so ordered. was considered and agreed to: applications are for natural gas and SELECT COMMITTEE ON INTELLIGENCE how this new demand will be met. The S. RES. 148 Mr. REED. Mr. President, I ask unan- environmental impacts of shale gas de- imous consent that the Select Com- Whereas the third annual National Kids to velopment and best practices will be Parks Day will be celebrated on May 18, 2013; mittee on Intelligence be authorized to Whereas the goal of National Kids to Parks specific points of interest. meet during the session of the Senate Day is to empower young people and encour- Because of the limited time available on May 16, 2013, at 2:30 p.m. age families to get outdoors and visit the for the forum, witnesses may testify by The PRESIDING OFFICER. Without parks of the United States; invitation only. However, those wish- objection, it is so ordered. Whereas, on National Kids to Parks Day, ing to submit written testimony for SUBCOMMITTEE ON SCIENCE AND SPACE individuals from rural and urban areas of the the record may do so by sending it to United States can be reintroduced to the the Committee on Energy and Natural Mr. REED. Mr. President, I ask unan- splendid National Parks and State and Resources, United States Senate, imous consent that the Subcommittee neighborhood parks that are located in their Washington, D.C. 20510–6150, or by e- on Science and Space of the Committee communities; on Commerce, Science, and Transpor- Whereas communities across the United mail to laurenlgoldschmidt@energy .senate.gov. tation be authorized to meet during States offer a variety of natural resources the session of the Senate on May 16, and public land, often with free access, to in- For further information, please con- dividuals seeking outdoor recreation; tact Todd Wooten at (202) 224–4971 or 2013, at 10 a.m. in room 253 of the Rus- Whereas the people of the United States Lauren Goldschmidt at (202) 224–5488. sell Senate Office Building. should encourage young people to lead a The PRESIDING OFFICER. Without more active lifestyle, as too many young f objection, it is so ordered. people in the United States are overweight AUTHORITY FOR COMMITTEES TO f or obese; MEET Whereas National Kids to Parks Day is an FREEDOM TO FISH ACT opportunity for families to take a break COMMITTEE ON ARMED SERVICES Mr. MCCONNELL. Mr. President, I from their busy lives and come together for Mr. REED. Mr. President, I ask unan- ask unanimous consent that the Sen- a day of wholesome fun; and imous consent that the Committee on ate proceed to the immediate consider- Whereas National Kids to Parks Day aims Armed Services be authorized to meet to broaden the appreciation of young people ation of S. 982, introduced earlier for nature and the outdoors: Now, therefore, during the session of the Senate on today. be it May 16, 2013, at 9:30 a.m. The PRESIDING OFFICER. The Resolved, That the Senate— The PRESIDING OFFICER. Without clerk will report the bill by title. (1) designates May 18, 2013, as ‘‘National objection, it is so ordered. The legislative clerk read as follows: Kids to Parks Day’’; COMMITTEE ON ENERGY AND NATURAL A bill (S. 982) to prohibit the Corps of Engi- (2) recognizes the importance of outdoor RESOURCES neers from taking certain actions to estab- recreation and the preservation of open Mr. REED. Mr. President, I ask unan- lish a restricted area prohibiting public ac- spaces to the health of the young people of cess to waters downstream of a dam, and for the United States; and imous consent that the Committee on other purposes. (3) calls on the people of the United States Energy and Natural Resources be au- to observe the day with appropriate pro- thorized to meet during the session of There being no objection, the Senate grams, ceremonies, and activities. the Senate on May 16, 2013, at 10 a.m., proceeded to consider the bill.

VerDate Mar 15 2010 02:49 May 17, 2013 Jkt 029060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A16MY6.045 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 16, 2013 CONGRESSIONAL RECORD — SENATE S3585 Mr. MCCONNELL. Mr. President, I The legislative clerk proceeded to The PRESIDING OFFICER. Without ask unanimous consent that the bill be call the roll. objection, it is so ordered. read a third time and passed, and the Mr. REID. Mr. President, I ask unan- The resolutions were agreed to. motion to reconsider be laid upon the imous consent that the order for the The preambles were agreed to. table. quorum call be rescinded. (The resolutions, with their pre- The PRESIDING OFFICER. Without Mr. COWAN. Without objection, it is ambles, are printed in today’s RECORD objection, it is so ordered. so ordered. under ‘‘Submitted Resolutions.’’) The bill (S. 982) was ordered to be en- f f grossed for a third reading, was read the third time and passed, as follows: UNANIMOUS CONSENT AGREE- AUTHORIZING THE USE OF THE S. 982 MENT—EXECUTIVE CALENDAR CAPITOL VISITOR CENTER Be it enacted by the Senate and House of Rep- Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- resentatives of the United States of America in imous consent that on Monday, May 20, imous consent that the Senate proceed Congress assembled, at 5 p.m., the Senate proceed to execu- to S. Con. Res. 16, submitted earlier SECTION 1. SHORT TITLE. tive session to consider the following today. This Act may be cited as the ‘‘Freedom to nominations: Calendar Nos. 45 and 46; Fish Act’’. The PRESIDING OFFICER. The SEC. 2. RESTRICTED AREAS AT CORPS OF ENGI- that there be 30 minutes of debate clerk will report the concurrent resolu- NEERS DAMS. equally divided in the usual form; that tion by title. (a) DEFINITIONS.—In this Act: upon the use or yielding back of time, The assistant legislative clerk read (1) RESTRICTED AREA.—The term ‘‘re- the Senate proceed to vote, with no in- as follows: stricted area’’ means a restricted area for tervening action or debate, on the A concurrent resolution (S. Con. Res. 16) hazardous waters at dams and other civil nominations in the order listed; fur- authorizing the use of Emancipation Hall in works structures in the Cumberland River ther, that at a time to be determined the Capitol Visitor Center for the unveiling basin established in accordance with chapter of a statue of Frederick Douglass. 10 of the regulation entitled ‘‘Project Oper- by the majority leader, after consulta- ations: Navigation and Dredging Operations tion with the Republican leader, the There being no objection, the Senate and Maintenance Policies’’, published by the Senate proceed to executive session to proceeded to consider the concurrent Corps of Engineers on November 29, 1996, and consider the following nominations: resolution. any related regulations or guidance. Calendar Nos. 11 and 12; that there be Mr. REID. I ask unanimous consent (2) SECRETARY.—The term ‘‘Secretary’’ 30 minutes of debate equally divided in that the concurrent resolution be means the Secretary of the Army, acting the usual form; that upon the use or agreed to and the motion to reconsider through the Chief of Engineers. yielding back of time, the Senate pro- (b) EXISTING RESTRICTED AREA.—If the Sec- be laid upon the table with no inter- retary has established a restricted area or ceed to vote, with no intervening ac- vening action or debate. modified an existing restricted area during tion or debate, on the nominations in The PRESIDING OFFICER. Without the period beginning on August 1, 2012, and the order listed; further, that following objection, it is so ordered. ending on the day before the date of enact- the votes on Calendar No. 12 and Cal- The concurrent resolution (S. Con. ment of this Act, the Secretary shall— endar No. 46, the motions to reconsider Res. 16) was agreed to. (1) cease implementing and enforcing the be considered made and laid upon the (The concurrent resolution is printed restricted area until the date that is 2 years table, with no intervening action or de- after the date of enactment of this Act; and in today’s RECORD under ‘‘Submitted (2) remove any permanent physical bar- bate; that no further motions be in Resolutions.’’) riers constructed in connection with the re- order; that any related statements be f stricted area. printed in the RECORD; that the Presi- (c) ESTABLISHING NEW RESTRICTED AREA.— dent be immediately notified of the ORDERS FOR MONDAY, MAY 20, If, on or after the date of enactment of this Senate’s action and the Senate then re- 2013 Act, the Secretary establishes any restricted sume legislative session. Mr. REID. Mr. President, I ask unan- area, the Secretary shall— The PRESIDING OFFICER. Without imous consent that when the Senate (1) ensure that any restrictions are based on operational conditions that create haz- objection, it is so ordered. completes its business today, it ad- ardous waters; f journ until 2 p.m., Monday, May 20, 2013; that following the prayer and (2) publish a draft describing the restricted APPOINTMENT area and seek and consider public comment pledge, the morning hour be deemed on that draft prior to establishing the re- The PRESIDING OFFICER. The expired, the Journal of proceedings be stricted area; Chair, on behalf of the Vice President, approved to date, and the time for the (3) not implement or enforce the restricted pursuant to Public Law 94–304, as two leaders be reserved for their use area until the date that is 2 years after the amended by Public Law 99–7, appoints later in the day; that following any date of enactment of this Act; and the following Senator as a member of (4) not take any action to establish a per- leader remarks, the Senate be in a pe- manent physical barrier in connection with the Commission on Security and Co- riod of morning business until 3 p.m., the restricted area. operation in Europe (Helsinki) during with Senators permitted to speak for (d) EXCLUSIONS.—For purposes of this sec- the 113th Congress: The Honorable up to 10 minutes each; that following tion, the installation and maintenance of SAXBY CHAMBLISS of Georgia. morning business, the Senate proceed measures for alerting the public of hazardous f to Calendar No. 73, S. 954, the farm bill; water conditions and restricted areas, in- and, finally, that at 5 p.m., the Senate cluding sirens, strobe lights, and signage, RESOLUTIONS SUBMITTED TODAY proceed to executive session under the shall not be considered to be a permanent Mr. REID. Mr. President, I ask unan- physical barrier. previous order. (e) ENFORCEMENT.— imous consent that the Senate proceed The PRESIDING OFFICER. Without (1) IN GENERAL.—Enforcement of a re- to the immediate consideration en bloc objection, it is so ordered. of the following resolutions, which stricted area shall be the sole responsibility f of the State in which the restricted area is were submitted earlier today: S. Res. located. 145, S. Res. 146, S. Res. 147, and S. Res. PROGRAM (2) EXISTING AUTHORITIES.—The Secretary 148. Mr. REID. Mr. President, then on shall not assess any penalty for entrance There being no objection, the Senate into a restricted area under section 4 of the Monday there will be two rollcall votes Act entitled ‘‘An Act authorizing the con- proceeded to consider the resolutions on the confirmation of Chappell and struction of certain public works on rivers en bloc. McShane at 5:30 p.m. We will, as indi- and harbors for flood control, and for other Mr. REID. Mr. President, I ask unan- cated, move to the farm bill. purposes’’, approved December 22, 1944 (16 imous consent that the resolutions be f U.S.C. 460d). agreed to, the preambles be agreed to, ADJOURNMENT UNTIL MONDAY, Mr. MCCONNELL. I suggest the ab- and the motions to reconsider be con- sence of a quorum. sidered made and laid upon the table en MAY 20, 2013, AT 2 P.M. The PRESIDING OFFICER. The bloc, with no intervening action or de- Mr. REID. If there is no further busi- clerk will call the roll. bate. ness to come before the Senate, I ask

VerDate Mar 15 2010 02:03 May 17, 2013 Jkt 029060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G16MY6.057 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3586 CONGRESSIONAL RECORD — SENATE May 16, 2013 unanimous consent it adjourn under MICHAEL T. GEROCK JOOHYUN A. KIM BLAKE A. GETTYS THE FOLLOWING NAMED ARMY NATIONAL GUARD OF the previous order. KERRY S. GILL THE UNITED STATES OFFICERS FOR APPOINTMENT TO There being no objection, the Senate, ERIC ROLAND GOOD THE GRADE INDICATED IN THE RESERVE OF THE ARMY BRENT W. GUGLIELMINO UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: at 6:07 p.m., adjourned until Monday, ALEXANDER G. HALDOPOULOS May 20, 2013, at 2 p.m. CHRISTOPHER PAUL HAMILTON To be colonel CHRISTOPHER HARDGRAVE JERRY M. ANDERSON ROBERT KENNETH HENDERSON f JOSEPH M. BARTEL RICKY LEE HERN DARYL P. BRACH NOMINATIONS JAMES M. HEURING EDWARD W. LOCKWOOD PENNY C. HODGES–GOETZ ROY J. MACARAEG Executive nominations received by SCOTT P. HOYLE WILLIAM M. MYER ROY M. INGRAM SHAWN C. REGER the Senate: BRANDON G. ISAACS NEIL W. SALKOWSKI THOMAS S. JESS MAUREEN H. WEIGL THE JUDICIARY ANTHONY L. JOHNSON GREGORY G. JOHNSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CAROLYN B. MCHUGH, OF UTAH, TO BE UNITED STATES TO THE GRADE INDICATED IN THE UNITED STATES ARMY CIRCUIT JUDGE FOR THE TENTH CIRCUIT, VICE MICHAEL KENNETH HOUSTON JONES DAVID M. KASHIWAMURA VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS R. MURPHY, RETIRED. 624 AND 3064: DEBRA M. BROWN, OF MISSISSIPPI, TO BE UNITED ANDREW PATRICK KEANE STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT DAVID M. KENNARD To be lieutenant colonel OF MISSISSIPPI, VICE W. ALLEN PEPPER, JR., DECEASED. STEPHEN P. KENSICK JOHN F. KNABEL DENNIS R. BELL PAMELA L. REEVES, OF TENNESSEE, TO BE UNITED MICHAEL BERECZ STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT KRIS KOLLAR DALLAS F. KRATZER II RONALD L. BURKE OF TENNESSEE, VICE THOMAS W. PHILLIPS, RETIRING. TAYLOR B. CHANCE ELIZABETH A. WOLFORD, OF NEW YORK, TO BE UNITED RODRICK W. LEKEY LORETTA JEAN LOMBARD MARK G. CHAPPELL STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT MATTHEW J. ENROTH OF NEW YORK, VICE CHARLES J. SIRAGUSA, RETIRED. ANDREW W. LOVE MARK ANTHONY MALDONADO CHAD D. FOSTER NATIONAL CREDIT UNION ADMINISTRATION ROLF EBERHARD MAMMEN CARY HONNOLD MATT MCFARLAND MATHIS NORMAN KREISELMEIER RICHARD T. METSGER, OF OREGON, TO BE A MEMBER THOMAS P. MCATEE ERIC D. LOMBARDINI OF THE NATIONAL CREDIT UNION ADMINISTRATION LANCE P. MCCUISTON ANDREW L. MCGRAW WENDY E. MEY BOARD FOR A TERM EXPIRING AUGUST 2, 2017, VICE GIGI DANIEL RICHARD MCDONOUGH STEPHANIE L. MONT HYLAND, RESIGNED. BRIAN T. MCHENRY BRETT J. TAYLOR RANDALL GLENN MCNARY DEPARTMENT OF STATE MICHELLE THOMPSON NATHAN R. MELLMAN KENT J. VINCE DANIEL R. RUSSEL, OF NEW YORK, TO BE AN ASSIST- CHAD D. MILNE ANT SECRETARY OF STATE (EAST ASIAN AND PACIFIC TIMOTHY SCOTT MOSES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AFFAIRS), VICE KURT M. CAMPBELL, RESIGNED. ROBERT J. NIESEN TO THE GRADE INDICATED IN THE UNITED STATES ARMY STEVEN S. NORRIS MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., LEGAL SERVICES CORPORATION WILLIAM ELLIS ORTON SECTIONS 624 AND 3064: ROBERT JAMES GREY, JR., OF VIRGINIA, TO BE A MEM- DOUGLAS K. PENNINGTON To be lieutenant colonel BER OF THE BOARD OF DIRECTORS OF THE LEGAL SERV- SCOTT D. PLAMBECK ICES CORPORATION FOR A TERM EXPIRING JULY 13, 2014. DONNA M. PRIGMORE DAVID W. ADMIRE (REAPPOINTMENT) MICHAEL E. PYBURN TRACY H. BROWN DERON BRANT REYNOLDS BRIAN E. BURK IN THE NAVY MARTIN JOSEPH RICHARD PETER J. CONTOS JACK J. RICHMOND THEODORE W. CROY III THE FOLLOWING NAMED OFFICER FOR APPOINTMENT FRANK W. ROY JOHN F. DETRO IN THE UNITED STATES NAVY TO THE GRADE INDICATED ROBERT THROCKMORT SANDFORD GAIL A. EVANS WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ROBERT A. SCHULTE SARAH B. GOLDMAN RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: KURT S. SHIGETA FLORIE GONZALES To be vice admiral ROBIN WAYNE SKAAR KEVIN M. HOUCK SHANNON D. SMITH KENNETH E. HYDE REAR ADM. ROBERT L. THOMAS, JR. GARY R. STEFANICH KEARY J. JOHNSTON JAMES S. STUART IAN E. LEE IN THE AIR FORCE THOMAS M. SUELZER LARRY T. LINDSAY ROBERTO E. MARIN THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- TODD K. THOMAS LANE ALVIN THURGOOD STEPHANIE A. MEYER MENT TO THE GRADE INDICATED IN THE REGULAR AIR ROBERT D. MONTZ FORCE UNDER TITLE 10, U.S.C., SECTION 531: THORNE S. TIBBITTS EDWARD C. TRIEBEL DAWN L. ORTA To be major MICHAEL ANTHONY VALLE JAMES L. PULLIAM EDWIN ARLYN VANDERWOLDE BILL A. SOLIZ BRADLY A. CARLSON MARK AARON VAVRA CAMERON C. STOKES THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE JOHN M. VERHAGE KERRYN L. STORY UNITED STATES OFFICERS FOR APPOINTMENT TO THE GREGORY J. WALTERS MARK D. THELEN KATHLEEN E. YANCOSEK GRADE INDICATED IN THE RESERVE OF THE AIR FORCE RITA J. WHITMIRE ARTHUR F. YEAGER UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: MARSHALL LEIGHTON WILDE D006281 CHRISTOPHER J. WILL To be colonel ERIK C. WONG THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY MICHAEL LUCAS AHMANN SHANNA MARCIENE WOYAK AS CHAPLAINS UNDER TITLE 10, U.S.C., SECTIONS 624 AND DARRIN KENT ANDERSON KYLE T. YANAGISAWA 3064: ROBERT AVON ATOR II BERNARD JOHN YOSTEN VANCE CHRISTIAN BATEMAN IN THE ARMY To be lieutenant colonel KIMBERLY A. BAUMANN CHRISTOPHER JOHN BELLI THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR CHRISTOPHER G. ARCHER THOMAS ALAN BIEDIGER APPOINTMENT TO THE GRADE INDICATED IN THE BRADFORD A. BAUMANN BARRY A. BLANCHARD UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER RALPH L. BIEGANEK MICHAEL A. BORKOWSKI TITLE 10, U.S.C., SECTIONS 531 AND 3064: EARL T. BOWERS ROBERT DARIN BOWIE ROBERT S. BROWN SCOTT M. BULLOCK DENISE W. BOYER To be major JEFFREY A. BURBANK ROBERT MICHAEL BRAWLEY SHERCODA G. SMAW STEVEN E. CANTRELL BRIAN S. BUHLER JEFFREY D. DILLARD MICHAEL O. CADLE THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR PETER O. DISSMORE LAWRENCE L. CHRISTENSEN APPOINTMENT TO THE GRADE INDICATED IN THE SHMUEL L. FELZENBERG JAMES DAVID CLEET UNITED STATES ARMY VETERINARY CORPS UNDER GARY T. FISHER JENNIFER ANN CONWELL TITLE 10, U.S.C., SECTION 531 AND 3064: BARTON T. HERNDON MICHAEL D. CROGHAN To be major TAYLOR G. R. HOLLIS BRYAN A. DAVIS DAVID K. JACOB HAROLD D. DAVIS II CARL N. SOFFLER PAUL R. JAEDICKE BRYAN SCOTT DELAGE THE FOLLOWING NAMED OFFICER FOR REGULAR AP- WILLIAM B. KILLOUGH STEVEN JOHN DEMILLIANO POINTMENT IN THE GRADE INDICATED IN THE REGULAR MARK R. LEVINE KEVIN CHRISTOPHER DERICKSON ARMY UNITED STATE ARMY UNDER TITLE 10, U.S.C., SEC- THOMAS J. MCCORT MONIQUE J. DESPAIN TION 531: RODERICK R. MILLS MATTHEW D. DINMORE CHRISTOPHER G. MORRIS JAMES NORRIS DIXON To be major DAMON P. ONELLION BARBARA G. DONCASTER ALAN T. SAVAGE DENISE M. DONNELL OWEN B. MOHN PHILIP T. SMILEY BOBBI J. DOORENBOS THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR THOMAS B. VAUGHN SCOTT ALAN DUMFORD APPOINTMENT TO THE GRADE INDICATED IN THE DENNIS R. VILLARREAL DAVID M. DZIOBKOWSKI UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, ARLEIGH F. VONSEGGERN STEVEN J. EARLY U.S.C., SECTIONS 531 AND 3064: WILLIAM J. WEHLAGE TERESA S. EDWARDS TYSON J. WOOD RANDAL KEITH EFFERSON To be major PAUL H. YOON DONALD L. FARMER CARMELO N. OTEROSANTIAGO D011470 BRETT VINCENT FEHRLE JOHN H. SEOK D011779 THOMAS EDWARD FENNELL EMIL JOSEPH FILKORN THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT A. FRANKOSKY, JR. APPOINTMENT TO THE GRADE INDICATED IN THE TO THE GRADE INDICATED IN THE UNITED STATES ARMY LANCE TAYLOR FRYE UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND STEVEN MINORU FUKINO U.S.C., SECTIONS 531 AND 3064: 3064: BRIAN L. FULKERSON To be major To be lieutenant colonel DANIEL E. GABRIELLI ROBERT L. GARVIN BRENT E. HARVEY JAMES A. ADAMEC

VerDate Mar 15 2010 02:03 May 17, 2013 Jkt 029060 PO 00000 Frm 00050 Fmt 0624 Sfmt 9801 E:\CR\FM\G16MY6.062 S16MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 16, 2013 CONGRESSIONAL RECORD — SENATE S3587

ELIZABETH E. ADAMS LEE C. FREEMAN CHRISTOPHER A. STEWART JEFFREY M. ALLERDING KATHLEEN M. GIBSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LARRY B. ARAMANDA JACOB H. GIN TO THE GRADE INDICATED IN THE UNITED STATES NAVY KIMBERLY L. BELL CARL J. GORKOS II UNDER TITLE 10, U.S.C., SECTION 624: STACEY E. BERRY ANTHONY D. GRAY ANNABEL J. BIGLEY NIZAMETTIN GUL To be captain WILLIAM J. BROWN MICHAEL HAEDT RICHARD A. BONNETTE KARI A. BRULEY VERONICA L. HAGER CAMERON H. FISH ANISSA J. BUCKLEY DARIN L. HARPER RUSSELL P. GRAEF JESS A. CALOHAN ANDREW J. HARTMAN DWIGHT A. HORN ROMICO D. CAUGHMAN BERNARD HARVEY KEVIN J. SWEENEY MONIQUE R. COURTS CORY L. HEINEKEN LOFTEN C. THORNTON CHERYL A. CREAMER RAYMOND J. JABLONKA ANDREW A. WADE PAUL M. CRUM FREDERICK C. JACKSON THOMAS J. WALCOTT JENISE L. DAVIS ROBERT W. JENKINS DARRELL J. WESLEY PATRICIA L. DAVIS TAMMIE M. JONES GLEN WOOD FRANCISCO C. DOMINICCI STEVIE T. JORDAN CARABALLO D. ESTRADA ERIC J. KELLY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DARRELL B. EVANS AMY S. KING TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRETT W. EVERS ANTHONY M. KING UNDER TITLE 10, U.S.C., SECTION 624: STACEY L. FERREIRA JOHN W. LEE To be captain CHARLES M. FISHER, JR. SEAN C. LESTER KENNETH A. FORD THOMAS J. LONGO JOSEPH J. ELDRED TAMARA S. FUNARI PETER B. MARKOT DAMIAN D. FLATT KRISTEN J. GOODWIN WINICO M. MARTINEZ PETER D. GALINDEZ KENNETH R. GORE JAMES N. MASTERSON PATRICK J. GIBBONS KEVIN GORMLEY CHRISTOPHER D. MAYHUGH KEITH S. GIBEL AMY J. HADSALL YVETTE M. MCCREA MICHAEL C. HOLIFIELD ROBIN R. HARROLD DARRYL A. MCGUIRE, JR. MARK C. HOLLEY DANIELLE T. HOCKEY DAVID S. MCILWAIN DONALD C. KING TODDY F. INGRAM SEAN A. MCMURRY JAMES M. LUCCI JACK M. JENKINSON STEVEN A. MEADOW BETHANY L. PAYTONOBRIEN JAROLD T. JOHNSTON, JR. MARK D. MELLOTT TREVOR A. RUSH JOHN D. KEENER JAMES A. MORRISON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK C. KILLEBREW TROY MORTON TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHNNY KING III GREGORY J. OBRIEN UNDER TITLE 10, U.S.C., SECTION 624: JULIE E. LEE MARY A. PETERS JENNIFER D. LORILLA LAWRENCE N. PETZ To be captain CHRISTINE M. LUDWIG MARK C. PLOOSTER THERESA C. MACK MARK A. POTTER TIM J. DEWITT BRUCE MATHEWS JOSE F. QUESADA WENDY M. HALSEY DENISE A. MCFARLAND MCKINLEY RAINEY ANDREW M. HASCALL WILLIAM J. MEEK II PETER A. RAMOS ERIC J. HAWN ELBRIDGE A. MERRITT LYLE D. RASMUSSEN, JR. RICHARD D. HAYES III MICHAEL K. MOHAMMADI DEVON O. REED SCOTT D. LOESCHKE ANNE M. MORGAN JEFFREY L. REIBESTEIN PETER J. MACULAN TINA M. MORGAN EVELYN REYESCABRERA JAMES G. MEYER LELAND B. MORGANS DANIEL E. REYNOLDS JAYSON D. MITCHELL ROBERT M. MORRIS II RANDALL W. RHEES JAY A. MURPHY LISA K. MUTZIG SHANE A. ROACH LATANYA E. SIMMS JAMES R. NOLIN JASON L. ROBERTS DANIEL P. TURNER KELLIE J. NORRIS ADMINDA L. RODRIGUEZ GREGORY G. VINCI, JR. DORENE A. OWEN DAVID L. ROLLINS WILLIAM L. WHITMIRE CLAUSYL J. PLUMMER KURT E. SCHAECHER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIGITTE Y. POLK TIMOTHY A. SHARPE TO THE GRADE INDICATED IN THE UNITED STATES NAVY PRENTICE R. PRICE BRADLEY T. SHIELDS UNDER TITLE 10, U.S.C., SECTION 624: RIKKINA G. PULLIAM MICHAEL S. SMITH THOMAS O. RAWLINGS NELSON S. SO To be captain LAURA E. RICARDO STEPHEN T. SPEER JANINE D. ALLEN CHERYL C. RIVERA RAYMOND D. SPIAK, JR. PAUL B. ARP CATHERINE A. ROBERTS ERIC SPOTTS CINDY M. BAGGOTT AMY K. ROY SCOTT J. STOKOE AMY H. BRANSTETTER PERRY C. RUIZ ROBERT J. STROB NEWTON J. CHALKER JEFFREY D. RUMFIELD JOSEPHINE E. L. THOMPSON MAX C. CORMIER SCOTT D. RUSH BARBARA T. TRAENKNER MARTHA A. CUTSHALL RANDALL M. SCHAEFER WILLIAM N. UPTERGROVE GEORGE L. DYER III JODELLE M. SCHROEDER ARISTOTLE A. VASELIADES CHRISTINE B. GRUSCHKUSWRIGHT BENJAMIN E. SEELEY RICHARD VELAZQUEZ DEBBIE R. JENKINS DAWN M. SEELEY CARYN R. VERNON CYNTHIA L. JUDY GREGORY V. SHUMATE KENNETH L. WALTERS WENDY M. MCCRAW LEILANI A. C. L. SIAKI LAWANDA D. WARTHEN VALERIE A. MORRISON JERREMIE V. SIEGFRIED DOUGLAS L. WEEKS GREGORY G. NEZAT KEVIN E. SNYDER DOUGLAS P. WEKELL ROSEMARY PERDUE WARREN A. STEWART MITCHELL W. WOODBERRY TODD M. STEIN TINA M. STREKER DANIEL M. WOODLOCK THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- BING TANWINTERS HASSAN ZAHWA MENT TO THE GRADE INDICATED IN THE REGULAR NAVY MEEMIE J. THA DAVID J. ZAJAC UNDER TITLE 10, U.S.C., SECTION 531: NORMA TORRES PATRICK A. ZENK ELBA M. VILLACORTA REBECCA A. ZINNANTE To be lieutenant commander DAVID A. VOLLBRECHT JOHN P. ZOLL PAUL R. WARE CRAIG S. COLEMAN KEITH A. WARHURST IN THE NAVY JOSEPH S. GONDUSKY HELEN S. HAGAN EUNOTCHOL WHITE THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- JARED H. HEIMBIGNER CONREAU L. WILLIAMS MENT TO THE GRADE INDICATED IN THE REGULAR NAVY HASAN A. HOBBS VANESSA WORSHAM UNDER TITLE 10, U.S.C., SECTION 531: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PATRICK W. JOYNER TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be lieutenant commander JAIME H. KAPUR SHELLIE M. KENDALL MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- TANYA WONG TIONS 624 AND 3064: GRANT A. KIDD THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- RICHARD D. MCCORMICK To be lieutenant colonel MENT IN THE GRADE INDICATED IN THE REGULAR NAVY CHARLES J. OSIER, JR. UNDER TITLE 10, U.S.C., SECTION 531: ROBERT F. RENDER EDWARD P. C. AGER ALBERT J. SCHUETTE, JR. CAROL A. ANDERSON To be lieutenant commander JEFFREY S. SCOW RONALD J. AQUINO JESSICA J. SHANK EDGAR G. ARROYOORTIZ KAREN R. DALLAS LISA M. THIEL ROBERT T. ASHBURN THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- DIANA TOROK PRINCESS L. ATUNRASE MENT IN THE GRADES INDICATED IN THE REGULAR BRIAN R. VINCENT SEREKA L. BARLOW NAVY UNDER TITLE 10, U.S.C., SECTION 531: WILLIAM R. VOLK MICHAEL F. BELENKY MICHAEL W. BOYE To be captain THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY DANIEL D. BRIDON RONALD G. OSWALD BURKE L. BRISTOW UNDER TITLE 10, U.S.C., SECTION 624: SEAN A. CASPERSON To be lieutenant commander To be captain PHILLIP W. CHRISTY NIKITA TIHONOV GARY S. COOPER BARRY D. ADAMS JASON B. CORLEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PAUL A. ANDRE JAMES E. CRAIG TO THE GRADE INDICATED IN THE UNITED STATES NAVY ARTHUR C. ANTHONY GARRICK L. CRAMER UNDER TITLE 10, U.S.C., SECTION 624: WILLIAM C. ASHBY MISHAW T. CUYLER To be captain FELIX A. BIGBY CLARISSA DEJESUSMORALES TRUPTI N. BRAHMBHATT DAVID A. DERRICK MASOUD EGHTEDARI MICHAEL F. CRIQUI MICHAEL DESENA BRUCE G. GREEN WILLIAM M. DENISTON THOMAS D. EYER ISTVAN HARGITAI ROLAND L. FAHIE, SR. SEAN P. FARLEY THOMAS M. JACKS DAVID F. HOEL GLEN J. FIORENZA LOREN K. MASUOKA DENISE N. HOLDRIDGE SHELLEY N. FRANCO STEVEN A. MATIS LISA K. KENNEMUR

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JAMIE M. LINDLY ERIC S. STUMP JOSEPH G. OBRIEN RALPH J. MARRO LORENZO E. WILLIAMS LISA A. PEARSE PAUL C. MILLER RICARDO WILSON EMERICH D. PIEDAD TIMOTHY R. RICHARDSON JOHN H. WINDOM BRYN J. H. REINA GEORGE STEFFIAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NANETTE L. ROLLENE BRIAN G. TOLBERT TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRIAN R. SCHNELL JUDITH M. WALKER UNDER TITLE 10, U.S.C., SECTION 624: WILLIAM T. SCOUTEN GERARD J. WOELKERS JOSEPH J. SPOSATO DEBRA L. YNIGUEZ To be captain ALEXANDER E. STEWART KIMBERLY A. ZUZELSKI MICHAEL S. SULLIVAN DANIEL J. ACKERSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SEAN D. SULLIVAN ELIZABETH M. ADRIANO TO THE GRADE INDICATED IN THE UNITED STATES NAVY MICHAEL G. SWANSON SEAN P. BARBABELLA UNDER TITLE 10, U.S.C., SECTION 624: AARON M. TAYLOR CHARMAGNE G. BECKETT GREGORY T. THIER To be captain WILLIAM A. BECKMAN JEFFREY M. TOMLIN RICHARD L. BIGGS HARVEY B. WILDS ERIC J. BACH ROBERT F. BROWNING DIANA B. WISEMAN DOUGLAS M. BRIDGES SARA L. BURGER FREDERICK E. YEO PATRICK A. BURSON ILIN CHUANG SCOT A. YOUNGBLOOD JEFFERY P. DAVIS TERESA M. COX ROBERT K. DEGUZMAN, JR. DONALD S. CRAIN IN THE MARINE CORPS SEAN M. EGGE MICHAEL S. DANFORTH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PRESTON L. GILL KIMBERLY D. DAVIS TO THE GRADE INDICATED IN THE UNITED STATES MA- MARK K. HARRIS JAMES A. ELLZY RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: JONATHAN B. HAYNES STEVEN J. ESCOBAR ELIZABETH L. JACKSON JOSEPH C. FINLEY To be colonel DAVID M. LOCKNEY JULIE GREEN JAMES R. MACARANAS HAROLD L. GROFF RANDOLPH T. PAGE DARRELL L. MATHIS NEAL A. HEIMER RICHARD K. MCCARTHY VIVIANA V. JOHNSON f MICHELLE D. MORSE STEPHANIE A. KAPFER FRANK E. NEVAREZ DAVID C. KRULAK CONFIRMATION KARL E. OETTL CHRISTOPHER B. LANDES MATTHEW N. OTT III GRAINGER S. LANNEAU, JR. Executive nomination confirmed by ERIC OXENDINE GABRIEL LEE JOSEPH W. PARRAN WILLIAM T. LENNARD the Senate May 16, 2013: DAVID J. RHONE KEVAN E. MANN DEPARTMENT OF ENERGY MARK J. RUNSTROM TODD J. MAY ERIC J. SCHOCH NICOLE K. MCINTYRE ERNEST J. MONIZ, OF MASSACHUSETTS, TO BE SEC- WILLIAM B. STEVENS JAMES P. OBERMAN RETARY OF ENERGY.

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