2328 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 March 5, 2013 HOUSE OF REPRESENTATIVES—Tuesday, March 5, 2013

The House met at 10 a.m. and was ple of all ages, all walks of life, com- across America more livable and our called to order by the Speaker pro tem- munities large and small. They are families safer, healthier, and more eco- pore (Mr. DESANTIS). firm in the belief that the Federal Gov- nomically secure. f ernment should be a stronger partner f in capitalizing on the most efficient HONORING MRS. ANN MARIE DESIGNATION OF SPEAKER PRO form of urban transportation ever de- KILCOURSE WILSON OF JOHNS- TEMPORE signed. TOWN, PENNSYLVANIA The SPEAKER pro tempore laid be- Bicycles burn calories, not fossil fuel, fore the House the following commu- and take up a 10th of the space of a car. The SPEAKER pro tempore. The nication from the Speaker: More importantly, for those who drive, Chair recognizes the gentleman from Pennsylvania (Mr. ROTHFUS) for 5 min- WASHINGTON, DC, every bicycle in the protected bike March 5, 2013. lane next to you is not a car in front of utes. Mr. ROTHFUS. Mr. Speaker, today I I hereby appoint the Honorable RON you or competing for a scarce parking DESANTIS to act as Speaker pro tempore on space. rise to recognize Ann Marie Kilcourse this day. The goal here is to give Americans Wilson of Johnstown, Pennsylvania, an JOHN A. BOEHNER, more choices about how they move, extraordinary woman. She passed away Speaker of the House of Representatives. making it safe for children to walk or on February 19, 2013, at the all-too- f bike to school. It helps those children, young age of 47, following a brief and it relieves stress on the family, and can courageous battle with cancer. MORNING-HOUR DEBATE cut 30 percent of the rush-hour conges- Mrs. Wilson could have been anyone’s The SPEAKER pro tempore. Pursu- tion. Bicycling helps kids stay active daughter, anyone’s wife, anyone’s ant to the order of the House of Janu- at a time where we are obsessing about mother, co-worker, employer, or fellow ary 3, 2013, the Chair will now recog- a lack of physical activity for our chil- church member. She was extraordinary nize Members from lists submitted by dren, a level that is already too low because she excelled in each of these the majority and minority leaders for and declining. Bicycling is a natural roles. She was a woman for all seasons. Ann Wilson was born in 1965 in the morning-hour debate. remedy. Bronx of Irish stock, the daughter of The Chair will alternate recognition Cities of all size are participating in Thomas and Francis Kilcourse. She between the parties, with each party the bicycle revolution. It would not be graduated from St. John the Baptist limited to 1 hour and each Member nearly as advanced as it is, but for $8.9 High School in West Islip, New York, other than the majority and minority billion of Federal investment since the and earned a degree in political science leaders and the minority whip limited original ISTEA reauthorization. It has from the Catholic University of Amer- to 5 minutes each, but in no event shall accelerated programs, leveraged other ica. She worked in New York City be- debate continue beyond 11:50 a.m. investments and has increased trans- fore moving to Johnstown, the home- portation capacity for everybody, and f town of her husband, Bill. done so more cost effectively than any In the mountains of western Pennsyl- WELCOMING THE 14TH ANNUAL other expenditure. By the way, $1 mil- vania, this daughter of the Bronx be- BIKE SUMMIT lion invested in bicycle facilities cre- came an adopted daughter of Johns- The SPEAKER pro tempore. The ates more family-wage jobs than sim- town, and she has thrived there. She Chair recognizes the gentleman from ply constructing more miles of high- brought into the world three beautiful Oregon (Mr. BLUMENAUER) for 5 min- way. children: Katie, Billy, and Clara, whom utes. It is also easier and faster to accom- she and Bill loved dearly. And while Mr. BLUMENAUER. Mr. Speaker, as plish. At a time when America has an she was raising her family, Ann pur- we wait for the Congress and adminis- infrastructure deficit that is in the sued her professional calling with ex- tration to deal with how to do business trillions of dollars, when that infra- cellence and determination as the mar- differently for defense, for health care, structure is falling apart and unreli- keting director of The Gleason Agency. for the Tax Code, we can take a break able, our coalition for policies and re- Her energy was incomparable. The today as we welcome over 750 men and sources to rebuild and renew America energy of her professional work could women from every State in the Union will be stronger if it includes the mil- also be seen in her commitment to pub- who are here for the 14th Annual Bike lions of Americans who travel by bike. lic service. In 2005, Ann made her first Summit. They represent, as you might I strongly urge my colleagues and attempt at public office and won a 4- expect, people from cycling clubs and their staff to take the time to visit year term on the Johnstown City Coun- the mountain bike industry. There are with these advocates this week. Hear cil. She took the oath of office in Janu- also dedicated recreational cyclists, their stories about transforming com- ary 2006 and was the first Republican those who are involved with bike tour- munities of all sizes: rural, urban, sub- woman elected to the council. Notably, ism, which has become very big busi- urban. Most important, learn how they Ann was the top vote-getter on the ness, by the way. And speaking of busi- are giving families safe transportation ticket, beating out seven incumbents. ness, there are representatives of bicy- choices that they never had before. In a city where Democrats outnumber cle repair, bicycle manufacturers, and Visit with these cycling leaders. More Republicans 7–3, she was the top vote- others who design, manufacture, and important, at home, when you are getter, demonstrating her broad bipar- sell equipment and apparel. Bicycles back, get on a bike, walk a trail, join tisan appeal. mean business, in my hometown alone the volunteers, witness an event with over $150 million of economic activity your family and talk to the bike busi- b 1010 in a year, employing over 1,000 people. nesses and community partners. All of She was reelected in 2009 and ap- As the Bike Summit attendees visit these stakeholders can help us vis- pointed deputy mayor of Johnstown in Capitol Hill later this week, we will ualize what the Federal partnership January of 2010. She also served as ex- have an opportunity to hear from peo- could mean in making communities ecutive director and later chairman of

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 13:49 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR13\H05MR3.000 H05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD March 5, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 2329 the Cambria County Republican Com- there are armed guards on the roof, at b 1200 mittee. In 2012, Governor Tom Corbett the doors, at the back doors, at the AFTER RECESS appointed her to the Pennsylvania doors over to the east and to the west. Commission for Women, and she was It’s hypocritical of the gun control The recess having expired, the House elected as a delegate to the 2012 Repub- crowd in this Chamber to say ‘‘more was called to order by the Speaker at lican National Convention. guns for me, but not for thee.’’ noon. While her energy and professional ac- If these cities were safe, gun control f complishments were remarkable, the laws would work, but they don’t work. PRAYER two things that mattered most to her But there is a Federal law that the city were her family and her church. Mrs. of Richmond, Virginia, took advantage The Chaplain, the Reverend Patrick Wilson lived for her husband and chil- of, and it goes back to 1997. Richmond, J. Conroy, offered the following prayer: dren, and she rarely missed a sporting Virginia, was one of the top five U.S. Gracious God, we give You thanks for or school event that involved the kids. cities with the highest per capita mur- giving us another day. She loved family time and family vaca- der rate in the United States. So the In this Chamber, where the people’s tions, and she was deeply committed to city used a Federal law to help them House gathers, we pause to offer You her Catholic faith. She was also a control the crime problem. Project gratitude for the gift of this good land strong advocate for the right to life Exile is the name. The local and State on which we live and for this great Na- and compassion for all. government voluntarily cooperated tion which You have inspired in devel- In a world and time given to cyni- with the United States Attorney’s Of- oping over so many years. Continue to fice in gun prosecutions. cism and doubt, Ann Wilson stands out inspire the American people, that Here’s how it works: if a local or through the difficulties of these days, in stark contrast. She is a role model State law enforcement official arrested for excellence in family life, profes- we might keep liberty and justice alive some criminal for a felony offense but in our Nation and in the world. sional work, and community engage- the person also had a gun, the State of- Grant an extra measure of wisdom ment. Indeed, she was full of passion ficial could voluntarily transfer the and perseverance to the Members of for the things of life that really case to Federal court because in Fed- this House, that the difficulties facing mattered. eral court the person could be pros- our Nation might be addressed to the It is a privilege to stand here today ecuted by the U.S. Attorney’s Office to remember Mrs. Ann Wilson of and get an additional 5 years in the benefit of all. Johnstown, Pennsylvania. Her family’s Federal penitentiary because the Give to us and all people a vivid and Johnstown’s loss is Heaven’s gain. criminal, the drug dealer, had a fire- sense of Your presence, that we may May she rest in peace and may her arm in their possession. learn to understand each other, to re- family be comforted in their loss. She It’s a simple plan that worked quite spect each other, to work with each will be missed not only by her husband well. In fact, it worked so well that in other, to live with each other, and to and children, but by her community. the first year Richmond, Virginia’s do good to each other. So shall we f homicide rate was down 33 percent. By make our Nation great in goodness and 1999, homicides in Richmond, Virginia, good in its greatness. PROJECT EXILE were down 97 percent—all because the May all that is done this day be for The SPEAKER pro tempore. The criminal was prosecuted for unlawfully Your greater honor and glory. Chair recognizes the gentleman from possessing a firearm and the govern- Amen. Texas (Mr. POE) for 5 minutes. ment put their resources where they f Mr. POE of Texas. Mr. Speaker, the should: prosecuting criminals that use talk around town is the paranoid gun guns in the commission of their of- THE JOURNAL control crowd that want more gun re- fense. The SPEAKER. The Chair has exam- strictions and more government con- The law held the criminal account- ined the Journal of the last day’s pro- trol over guns. able and exiled him out of the commu- ceedings and announces to the House If they had their way, some of them nity. That’s where the phrase ‘‘Project his approval thereof. would actually outlaw the Second Exile’’ comes from. He was exiled from Pursuant to clause 1, rule I, the Jour- Amendment, and the result would be the community to the Federal peniten- nal stands approved. tiary where other criminals were. that the people would have no guns. f The only ones that would have guns Lock the gun-toting crooks up and would be the government and, of send them away. What a novel idea: a PLEDGE OF ALLEGIANCE course, criminals who ignore gun laws. law that’s already on the books. Maybe The SPEAKER. Will the gentle- I call it the ‘‘Mexico model.’’ violent cities like Chicago and Wash- woman from California (Mrs. CAPPS) Guns are outlawed in Mexico. The ington, D.C., should look at Project come forward and lead the House in the citizens cannot possess guns. There is Exile and hold criminals accountable Pledge of Allegiance. no Second Amendment and so the gov- for the violence that they commit and Mrs. CAPPS led the Pledge of Alle- ernment has guns and criminals have not be misguided by some who con- giance as follows: tinue to assault the Second Amend- guns. Some of those criminals have I pledge allegiance to the Flag of the guns thanks in part to the United ment and not punish criminals. Maybe our system should focus on United States of America, and to the Repub- States Government sending 2,000 as- lic for which it stands, one nation under God, the person who commits the crime sault weapons to them in Fast and Fu- indivisible, with liberty and justice for all. with the weapon as opposed to trying rious. But that’s another story. to punish really good folks that own f U.S. cities are moving toward the firearms and exercise their right under Mexico model. Chicago and Wash- ANNOUNCEMENT BY THE SPEAKER the Second Amendment to bear arms. ington, D.C., have laws that make it And that’s just the way it is. The SPEAKER. The Chair will enter- very difficult for a citizen to exercise tain up to 15 requests for 1-minute the Second Amendment. These cities f speeches on each side of the aisle. make it difficult to even own a fire- RECESS f arm. But all three places—Mexico, Chi- The SPEAKER pro tempore. Pursu- HEALTH CARE CONSCIENCE cago, Washington, D.C.—all have a rep- ant to clause 12(a) of rule I, the Chair RIGHTS ACT utation of being violent, unsafe places. declares the House in recess until noon Why? Because they are. today. (Mr. DAINES asked and was given If D.C. was so safe, why are govern- Accordingly (at 10 o’clock and 16 permission to address the House for 1 ment guards everywhere in the city? minutes a.m.), the House stood in re- minute and to revise and extend his re- Even here in this Capitol building, cess. marks.)

VerDate Sep 11 2014 13:49 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR13\H05MR3.000 H05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2330 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 March 5, 2013 Mr. DAINES. Mr. Speaker, our my students in the classroom. With the cut spending responsibly, repeal sub- Founders believed that conscience and budget, I knew that there had to be an sidies to Big Oil, adopt the Buffett religious rights occupied the highest easier way to explain the numbers I rule, and preserve the Medicare guar- rung on the civil liberty protection lad- was looking at to the people who sent antee for seniors. Rather than pointing der. The Obama administration has me to Washington. Thomas Jefferson fingers, we should be looking at this fallen short of these expectations. once wrote that an informed public was and other reasonable alternatives that As a fifth-generation Montanan and a vital to our continuing democracy. I would provide critical relief for work- person of faith, I know that my faith would like to share with you how the ing families right now. does not begin and end at the doors of sequester affects Federal spending. f our church. Living the principles of Spending is expected to be around 1210 what I believe is a key part of my $3.8 trillion; that’s the number 38 fol- b faith. lowed by 11 zeros. The sequester is $85 HONORING THE LIFE OF RALPH But under the Affordable Care Act, billion; that’s the number 85 followed WALDO ELLISON religious institutions and employers, by nine zeros. That’s a lot of money. (Mr. LANKFORD asked and was as well as health care providers who The best way to understand these given permission to address the House hold religious and moral convictions, numbers is to take eight zeros off of for 1 minute and to revise and extend are stripped of their religious free- both of them. The President is com- his remarks.) doms. Religious institutions and em- plaining that we are taking an equiva- Mr. LANKFORD. Mr. Speaker, I rise ployers are forced to pay for coverage lent of $850 from a budget of $38,000. to be able to pay honor to a man who of contraceptive methods. Health care This is all pretty hypocritical after he deserves honor. March 1 would have providers do not have the protection to forced hardworking Americans who ac- been Ralph Waldo Ellison’s—we know refuse to perform abortion services tually have to live on $38,000 a year to him as Ralph Ellison—100th birthday. that they are morally opposed to. That pay another $760 or so in increased Ralph Ellison is a proud son of Okla- is a violation of the First Amendment. taxes as part of his fiscal cliff deal. homa City. He’s a graduate of Douglas That is why I am proud to help intro- The people in my district want us to High School in Oklahoma City. He duce the Health Care Conscience get serious about the enormous spend- hopped trains to Tuskegee to go to Rights Act, which will uphold our con- ing that’s happening here in Congress. Tuskegee College on a music scholar- stitutional rights of religious freedom We should be able to have a reduction ship. and uphold our moral calling to prac- in the increase of spending without He’s a musician, he’s a sculptor, and tice life-affirming health care. acting as it if will cause the end of the he’s the writer of the famous work, f world. ‘‘Invisible Man.’’ It was the defining ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE work of African American literature in UPHOLDING VOTING RIGHTS ACT The SPEAKER pro tempore (Mr. the 1950s, and still continues today as (Mr. HIGGINS asked and was given HARRIS). The gentleman is reminded to being one of the defining works to be permission to address the House for 1 avoid inappropriate references to the able to point our culture to not ignore minute.) President. racial injustice, social injustice, and Mr. HIGGINS. Mr. Speaker, this f economic injustice that still occurs in weekend I joined a trip led by Con- our Nation today. gressman JOHN LEWIS to some of the SEQUESTRATION ISN’T A His work ethic, his passion for edu- landmark sites of the civil rights SOLUTION cation, and his passion for justice is a struggle, culminating in a walk across (Mr. CICILLINE asked and was given great example to all Americans. I rise the Edmund Pettus Bridge on the 48th permission to address the House for 1 to be able to honor a great Oklahoma anniversary of that historic march. minute.) citizen, Ralph Ellison, and begin a one- The trip underscored the importance of Mr. CICILLINE. Mr. Speaker, yester- year celebration of his 100th birthday. the Voting Rights Act, which is respon- day I visited Core Composites, a com- f sible for much of the progress we have pany located in Bristol in my home made toward eliminating voter dis- State of Rhode Island. Because of se- THE NAGORNO-KARABAKH REGION crimination, and the need for the Su- questration, this small business has OF AZERBAIJAN preme Court to uphold section 5 of the been notified that funding for a govern- (Ms. CHU asked and was given per- law in the case pending before it. ment contract will be reduced by hun- mission to address the House for 1 Meanwhile, in Congress, we should be dreds of thousands of dollars. minute.) working to eliminate the inexcusably I also recently met with Alexion, a Ms. CHU. This year marks the 25th long lines at polling places across the pharmaceutical manufacturer in Rhode anniversary of a critical turning point country and ensure that every Amer- Island, whose FDA approval of a life- in the political freedom of the Arme- ican who wants to cast a ballot is able saving drug will likely be delayed be- nian people of Azerbaijan. Let us take to do so. cause of sequestration. Countless other this occasion to remember their strug- Decades ago, Congressman LEWIS small businesses across our country are gle for self-determination and freedom. helped lead the fight for the idea that facing these same challenges today be- In 1988, the Nagorno-Karabakh region all Americans should be able to partici- cause Washington failed to take action of Azerbaijan petitioned to become pate in our democratic process. It is to avoid sequestration. part of Armenia. For the next 2 years, my hope that the Supreme Court and Sequestration isn’t a solution to our the Armenian population was the tar- this Congress will honor that struggle Federal deficit; it’s a penalty that goes get of racially motivated pogroms. in the years ahead. into effect because Republicans and Hundreds of Armenians were murdered f Democrats failed to work together to and more wounded during three violent responsibly reduce the deficit. And it’s attacks in Sumgait, Kirovabad, and SEQUESTER AND FEDERAL a penalty that will place a heavy toll Baku. SPENDING on hardworking men and women across In 1991, Nagorno-Karabakh officially (Mr. BENTIVOLIO asked and was our country. declared independence, becoming a given permission to address the House We spend a lot of time fighting in democratic state committed to free- for 1 minute and to revise and extend Washington. Now it’s time for us to dom and respect for human rights. But his remarks.) work together to reach a commonsense today, the people of Nagorno-Karabakh Mr. BENTIVOLIO. Mr. Speaker, be- solution on this issue. Congressman are still forced to live under authori- fore I came to Washington, I was a high CHRIS VAN HOLLEN has offered a very tarian rule. As we commemorate their school teacher. To be a good teacher, I detailed alternative to sequestration century-long struggle, let us not forget had to make things understandable for that I’m proud to cosponsor that would their quest for autonomy and justice.

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That’s why I en- page 752 of the House Rules and Man- than any year in the history of our Na- courage my colleagues to join me in ual, the Chair is constrained not to en- tion, yet we will spend a third more recognizing National School Breakfast tertain the gentlewoman’s request un- than we take in. Clearly, we do not Week because, after all, breakfast is less it has been cleared by the bipar- have a revenue problem. We have a the most important meal of the day. tisan floor and committee leaderships. spending problem. f f The Budget Control Act signed into SEQUESTRATION IS AFFECTING US GOVERNMENT SPENDING IS THE law last year was a good first step to- ALL PROBLEM wards deficit reduction, half of which has already been put in motion. With (Mr. WEBER of Texas asked and was (Mrs. MCMORRIS RODGERS asked the Supercommittee’s failure to given permission to address the House and was given permission to address achieve the other half, those cuts are for 1 minute and to revise and extend the House for 1 minute and to revise now going into effect under sequestra- his remarks.) and extend her remarks.) tion. Mr. WEBER of Texas. Mr. Speaker, it Mrs. MCMORRIS RODGERS. Mr. Can these cuts be made smartly, tar- doesn’t seem like good leadership prac- Speaker, last week I sat around the geting waste and overspending? Abso- tice for the President to be going table with a group of young people, lutely, but only if the President stops around the country reminding Ameri- Millennials, who wanted to talk with playing scare politics and begins work- cans that he failed to prevent his own me about solving our Nation’s spending ing with Congress to make these reduc- sequestration, but to each his own. problem. These Millennials want all tions in a manner that best protects Unfortunately, the President’s se- the same thing: a solution to Washing- national defense and domestic prior- questration is affecting us all. Why ton’s spending problem today to stop ities. should he have shackled us all with the hurting America’s youth tomorrow. If the sequester takes full effect, the sequestration? I heard from one young college stu- Nation’s budget is still on a path to The truth is, the President’s inabil- dent who had just recently graduated, grow exponentially over the next 10 ity to lead has shackled us. The truth and she said, you know, I was excited years. Unless we continue to restrain is, the President has not only a spend- to embrace all the opportunities that spending, our $17 trillion national debt ing problem but a denial problem. America had to offer, only to have will continue to grow, crowding out the Well, make no mistake, Mr. Speaker. many people tell me to expect 5 years Nation’s ability to even provide for the Sequestration is here. I implore the of unemployment. most in need. President to come back, work with Unfortunately, these challenges are We have a spending problem, not a Congress, and quit campaigning in the not unique, and their experiences are revenue problem. More taxes won’t media. not uncommon. The national debt is solve it, but a little more leadership f more than a $16 trillion pricetag. It’s more than just a number. sure would help. SEQUESTRATION HAS BEGUN f Washington’s out-of-control spending (Ms. HAHN asked and was given per- threatens the next generation of Amer- NATIONAL SCHOOL BREAKFAST mission to address the House for 1 ica’s leaders from finding jobs after WEEK minute.) they graduate and having the tools (Mrs. CAPPS asked and was given Ms. HAHN. Mr. Speaker, Congress’ they need to keep America competi- permission to address the House for 1 failure to avert the sequestration with tive. Why? minute and to revise and extend her re- a balanced and responsible plan before Because spending is the problem. So marks.) the March 1 deadline is not just sad, we will continue to urge the Democrats Mrs. CAPPS. Mr. Speaker, I rise it’s inexcusable. The ramifications of who run Washington to work with us to today in honor of National School failure are anything but artificial. cut spending in a responsible way. Breakfast Week. We know that the They are real and they are severe. Republicans keep fighting for smart- simple act of a child eating a healthy While the sequestration process has er spending cuts and, most of all, for an breakfast can have dramatic effects, begun, it is not too late to work to- economy in which young people are af- not only on their health, but on their gether to put us back on the right forded the opportunities they deserve. academic performance. path. f I am cochair of the Congressional Funny enough, Democrats and Re- School Health and Safety Caucus, and I publicans actually agree on one thing: SEQUESTRATION CUTS ARE was honored to join the Share Our that we can and must adjust the way TAKING EFFECT Strength’s No Kid Hungry Campaign we spend money. But we have dramati- (Mr. KILDEE asked and was given discussing last week, in a briefing, the cally different ideas about the best ap- permission to address the House for 1 importance of the School Breakfast proach. minute.) Program. Democrats in Congress have a bal- Mr. KILDEE. Mr. Speaker, it’s now I was proud to vote for the bipartisan anced approach, which includes spend- March 5, and sequestration cuts are Healthy, Hunger-Free Kids Act of 2010 ing cuts and revenue through closing starting to take effect. Instead of that helped to expand the School tax loopholes to reduce our debt. This working together to find a compromise Breakfast Program, but I’m disheart- sequestration plan is not the answer to that would avoid these automatic ened that only about half of eligible dealing with our deficits, and neither is spending cuts, House Republicans stood students are participating in the pro- another eleventh-hour temporary solu- by and watched the March 1 deadline gram. We can do better. tion. come and go. I spent years as a school nurse, and I We owe it to the American people to Now, $85 billion in deep, indiscrimi- saw, firsthand, how hunger can cause move the needle forward and come to a nate cuts that will eliminate 31,000 children to lack focus in school, often compromise on a real plan that will in- Michigan jobs are upon us. These cuts get sick, and eventually fall behind. crease revenue from sources other than will harm Michigan families and slash And that’s why students are encour- just slashing critical programs. programs that my constituents rely on

VerDate Sep 11 2014 13:49 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR13\H05MR3.000 H05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2332 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 March 5, 2013 every day. And many of the most dire families who will never see their loved 100 open jobs, but funding fights in consequences of the sequester won’t be ones again. We can’t afford to do noth- Washington are preventing Granite felt immediately. The truth is, due to ing. We can no longer be the do-noth- Staters from filling them. Republican inaction, the wheels are ing Congress. We have a moral obliga- There’s a Salem company, Micro-Pre- now in motion, and we are on a course tion to reduce the broad epidemic of cision Technologies, that wants to hire that has real negative impacts on mil- gun violence in this country. more workers; but sequestration is cre- lions of Americans. So I urge my colleagues in Congress ating uncertainty and standing in the Congress should be working to find a to join with me in standing with the way. bipartisan solution to avoid these in- victims and families of gun violence to There are technicians in New Hamp- discriminate cuts. Democrats put forth approve legislation that invests in our shire’s National Guard who want to do a plan to stop the sequester. I know, I mental health system, institute more their jobs, but deep cuts to defense cosponsored it. House Republicans rigorous background checks, and place means they’re facing the possibility of would not even let it come to the floor a ban on assault rifles and high-capac- furloughs. These are all examples of businesses for a vote. ity magazines. Even incremental that will have to delay hiring and peo- Mr. Speaker, we need to work on an progress means fewer heart-broken families. I don’t want to see another ple who will lose their jobs simply be- approach that will fix sequestration cause Democrats and Republicans will while reducing the deficit responsibly. child fall victim to our selfish efforts to preserve what obviously needs to not compromise. This is not what re- I stand ready to act. So do my Demo- sponsible governing looks like. We owe cratic colleagues. Let’s get to work. change. I would remind my colleagues that the life we save may be our own. it to New Hampshire families to work f across the aisle, responsibly reduce the f b 1220 deficit, and stop these mindless cuts. SPENDING PROBLEM IN THIS f CHEN GUANGCHENG COUNTRY CRYING WOLF (Mr. PITTS asked and was given per- (Mr. HARRIS asked and was given (Ms. NORTON asked and was given mission to address the House for 1 permission to address the House for 1 permission to address the House for 1 minute and to revise and extend his re- minute and to revise and extend his re- minute and to revise and extend her re- marks.) marks.) marks.) Mr. PITTS. Mr. Speaker, today, Cap- Mr. HARRIS. Mr. Speaker, in Janu- ary, the President asked hardworking Ms. NORTON. Mr. Speaker, Repub- itol Hill is hosting a great Chinese de- licans cry that the President and fender of human rights, blind lawyer taxpayers to contribute 2 percent more of their hard-earned paychecks to the Democrats are crying wolf about se- Chen Guangcheng. A few moments ago, quester cuts and furloughs. But, the I had the honor of again meeting with Federal Government in the form of a payroll tax increase. They had to cut wolf is already biting. In my hand is a Chen as he continues to advocate for furlough notice from the U.S. Attorney their household budgets by 2 percent. the freedom of the Chinese people. His for the District of Columbia. In D.C., The President’s sequester that went amazing story of escape from house ar- the U.S. Attorney still handles major into effect last Friday called for a less- rest is a great encouragement for all in local crimes for this big city as well as than-2-percent decrease in government China suffering under political persecu- some of the most important Federal spending, but the President now thinks tion. The authorities could not silence matters, including terrorism suspects. him as he sought justice for victims of that 2 percent is too much to cut from The U.S. Attorney’s notice says there forced abortions and environmental each Federal dollar. We all know the will be up to 14 days—that’s 2 weeks— abuse. President’s sequester is probably not of furlough days for Assistant U.S. At- The story of China’s rise is not about the right way to control spending be- torneys and other personnel. On fur- the success of an autocratic govern- cause it cuts programs across the board lough days, the notice says, Assistant ment. It is instead the story of a people without any prioritization. But we all U.S. Attorneys and other staff are not whose ingenuity and vigor have finally know this country has a spending prob- permitted to even come to the office to been unleashed after decades of repres- lem, and we need to get it under con- volunteer. sion. China has developed not because trol. Mr. Speaker, the problem with mak- I can’t help but think if the Amer- of smart planning, but because the peo- ing sequester a budget rather than a ican people had to just cut 2 percent ple have used a relatively small prod, as intended, is not the 2 percent from their budgets, why can’t the Fed- amount of economic freedom to trans- sequester cut. It’s the compression up- eral Government? If hardworking tax- form their nation. Given more freedom, front in a short period of time. The payers had to figure out how to man- I believe there’s no limit to how China American people who depend on U.S. age with 2 percent less, can’t the Fed- will grow and how her people will im- Attorneys deserve better than a delib- eral Government figure out how to pact the world. We must support Chen erate and avoidable public safety fur- spend two less pennies out of every and other human rights defenders as lough. Federal dollar? they seek justice for their people. f f f SEQUESTRATION WILL KILL JOBS SEQUESTRATION IN NEW GUN VIOLENCE (Ms. JACKSON LEE asked and was HAMPSHIRE given permission to address the House (Mr. RICHMOND asked and was given (Ms. KUSTER asked and was given for 1 minute.) permission to address the House for 1 permission to address the House for 1 Ms. JACKSON LEE. Mr. Speaker, I minute and to revise and extend his re- minute and to revise and extend her re- enthusiastically rise to support JOHN marks.) marks.) CONYERS’ H.R. 900, of which I’m an Mr. RICHMOND. Mr. Speaker, as a Ms. KUSTER. Mr. Speaker, because original cosponsor, which is a thought- resident of Louisiana, the sportsman’s the Congress refuses to compromise, ful response to legislation that was paradise, I’m a strong supporter of the across-the-board spending cuts known really hostage-taking, and that is the Second Amendment. However, I do not as the sequester—and uncertainty passage of sequestration almost 2 years subscribe to the belief that Congress around the Federal economy and the ago. Everyone knows it was the need has no role in responding to the gun vi- budget—are casting a cloud over our for the debt ceiling to be raised that olence epidemic plaguing communities entire economy. In New Hampshire, we generated it. But I’m not about ex- like New Orleans, Chicago, and Detroit. are already seeing the impacts of these cuses. H.R. 900 simply eliminates the According to the FBI, 1,464 people cuts. sequester provision in the Budget Rec- were killed by a firearm in New Orle- Right now, there’s a Federal prison onciliation Act. It is thoughtful and al- ans between 2008 and 2011. That’s 1,464 in Berlin, New Hampshire, with over lows us to proceed.

VerDate Sep 11 2014 13:49 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR13\H05MR3.000 H05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD March 5, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 2333 However, we will not be able to pass One of my constituents, Tracey Stott ber or jobs bills the House Republican it because our friends on the other side Kelly, contacted me recently to set up leadership has brought to the floor in of the aisle are celebrating about the a United States Capitol tour for her the last 2 months. 750,000: the number $85 billion in cuts across the board, mother’s 80th birthday. This wasn’t of potential job losses if the Repub- hurting seniors, children, and families. like most other requests that we re- licans refuse to stop the sequester. And then they want to acknowledge ceive. Her mother Mary Lou’s birthday f this is the President’s fault. Well, the wish was to visit the Capitol to see the President is willing to not look at poll work of her great-great-grandfather, APPOINTMENT OF MEMBER TO numbers to be able to fight, to support, who was an assistant to Constantino CONGRESSIONAL-EXECUTIVE and enhance revenues and spending Brumidi. Mr. Brumidi was best known COMMISSION ON PEOPLE’S RE- cuts. Thank you, Mr. President, for for the murals he painted in the Cap- PUBLIC OF CHINA leading. itol over a 25-year period, including The SPEAKER pro tempore. The For those who say nothing has hap- ‘‘The Apotheosis of Washington,’’ the Chair announces the Speaker’s ap- pened, it’s because it has not happened ‘‘Frieze of American History,’’ and the pointment, pursuant to 22 U.S.C. 6913 yet, but I will tell you the continu- walls of the Brumidi Corridors. and the order of the House of January ation of sequester is going to hurt the So this Friday, Mary Lou and her 3, 2013, of the following Member on the American people and kill jobs. The ‘ohana will receive a very unique tour part of the House to the Congressional- continuing resolution that devastates with Dr. Barbara Wolanin, the curator Executive Commission on the People’s those nondiscretionary projects of for the Architect of the Capitol, to Republic of China: Head Start and education will also highlight the beautiful paintings by Mr. WALZ, Minnesota. Brumidi and to bring Mary Lou closer hurt the American people. Let’s pass f H.R. 900 and begin a process that the to her very talented great-great-grand- American people can buy into and a father. ANNOUNCEMENT BY THE SPEAKER budget that is fair, with taxes and Happy 80th birthday, Mary Lou. And PRO TEMPORE thank you to Dr. Wolanin for helping spending cuts that work on behalf of The SPEAKER pro tempore. Pursu- to make this very special day a reality. the American people. ant to clause 8 of rule XX, the Chair f f will postpone further proceedings SEQUESTRATION IS WRONG SEQUESTER today on motions to suspend the rules (Mr. TAKANO asked and was given on which a recorded vote or the yeas (Mr. GARCIA asked and was given and nays are ordered, or on which the permission to address the House for 1 permission to address the House for 1 minute and to revise and extend his re- vote incurs objection under clause 6 of minute and to revise and extend his re- rule XX. marks.) marks.) Mr. TAKANO. Mr. Speaker, the bill Record votes on postponed questions Mr. GARCIA. Let me begin by saying before us is a joke. It is only a few sen- will be taken later. that the district I have the honor to tences, and all it does is ask the Presi- represent in south Florida is made up f dent to include in his budget a simple of middle class families in neighbor- equation that divides the projected def- REQUIREMENT IN BUDGET SUB- hoods like Kendall, Westchester, and icit by the number of taxpayers. It MISSION WITH RESPECT TO THE the Florida Keys. The families who live doesn’t take a bill to do this; it just COST PER TAXPAYER OF THE in this region don’t care about ideolog- takes a calculator. DEFICIT ical debates of the left or right. They If the House Republican Conference Mr. MESSER. Mr. Speaker, I move to simply know the difference between wants us to do a math problem for the suspend the rules and pass the bill right and wrong. And, ladies and gen- American people, I can save everyone (H.R. 668) to amend section 1105(a) of tlemen, the sequestration is wrong. some time and money. $845 billion, title 31, United States Code, to require The Keys Reporter reported that over which is the estimated deficit pro- that annual budget submissions of the 600 civilian workers at Key West Naval jected by the CBO, divided by 158 mil- President to Congress provide an esti- Base will be furloughed. This will hurt lion, which is the number of taxpayers, mate of the cost per taxpayer of the small businesses and families. Reports equals $5,300. Done. deficit, and for other purposes. also say funding for work-study pro- Can’t they do this arithmetic prob- The Clerk read the title of the bill. grams at schools like Miami Dade Col- lem on their own? Why are we wasting The text of the bill is as follows: lege, Florida International University, taxpayers’ money to operate this insti- and Florida Keys Community College H.R. 668 tution as we speak when we can solve Be it enacted by the Senate and House of will be cut. The Miami Herald reported this very simple math problem by just that air traffic control workers at Opa Representatives of the United States of America doing it. This is all an exercise in polit- in Congress assembled, Locka Airport will be furloughed as of ical theater. SECTION 1. REQUIREMENT IN BUDGET SUBMIS- the beginning of April. I shouldn’t have to come to the floor SION WITH RESPECT TO THE COST I respectfully ask my colleagues to to do this. Any of my Republican PER TAXPAYER OF THE DEFICIT. put their differences aside and get to friends could have called me, and I Section 1105(a) of title 31, United States work. I urge the Speaker to bring up would have gladly walked them Code, is amended— H.R. 699, a balanced bill to replace the (1) redesignating paragraph (37) (relating through that simple equation. to the list of outdated or duplicative plans sequester with spending cuts and reve- Mr. Speaker, my constituents in nues. and reports) as paragraph (39); and California’s 41st District face an unem- (2) by adding at the end the following: f ployment rate of 11 percent—higher ‘‘(40) in the case of a fiscal year in which b 1230 than the national average. They need the budget is projected to result in a deficit, leadership from Congress to help them an estimate of the pro rata cost of such def- MARY LOU STOTT’S 80TH find jobs, not gimmicks disguised as icit for taxpayers who will file individual in- BIRTHDAY, VISIT TO U.S. CAPITOL legislation. come tax returns for taxable years ending (Ms. GABBARD asked and was given Our Founders didn’t envision Con- during such fiscal year.’’. permission to address the House for 1 gress assigning math homework. This The SPEAKER pro tempore. Pursu- minute.) is not elementary school. If my friends ant to the rule, the gentleman from In- Ms. GABBARD. Mr. Speaker, I’m on the other side of the aisle want to diana (Mr. MESSER) and the gentleman very proud to rise today to recognize a talk about numbers, I would be happy from Maryland (Mr. VAN HOLLEN) each very special guest from Hawaii who is to. will control 20 minutes. here visiting us in Washington this Zero, Mr. Speaker: that’s the number The Chair recognizes the gentleman week. of jobs this bill creates. Zero: the num- from Indiana.

VerDate Sep 11 2014 13:49 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR13\H05MR3.000 H05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2334 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 March 5, 2013 GENERAL LEAVE commitments we’ve made to our sen- parent House, and we’ll actually get a Mr. MESSER. Mr. Speaker, I ask iors, that we’re not cutting into edu- vote on our fourth request. I’m not unanimous consent that all Members cation funding for our kids—which is holding my breath, but it would be nice may have 5 legislative days within important to making sure that the if those commitments would be kept, which to revise and extend their re- economy grows and that they have op- as well. marks and include extraneous material portunities in their lives—and that we I reserve the balance of my time. on H.R. 668, currently under consider- do that in a smart way that doesn’t, in Mr. MESSER. Mr. Speaker, I appre- ation. the process, result in fewer American ciate Representative VAN HOLLEN and The SPEAKER pro tempore. Is there jobs. his comments. As he well knows, this objection to the request of the gen- So the real number we should be fo- Chamber has twice considered seques- tleman from Indiana? cused on here today is 750,000, because ter replacement bills put forward by There was no objection. 750,000 is the number of jobs that the the House Republican leadership, voted Mr. MESSER. Mr. Speaker, I yield independent, nonpartisan Congres- on and passed out of this Chamber. myself such time as I may consume. sional Budget Office says will be lost so The alternatives are clear. I appre- First, I want to thank Budget Com- long as the sequester that began March ciate his recognition that this simple mittee Chairman PAUL RYAN and 1 remains in place through the end of little calculation, while admittedly not Ranking Member CHRIS VAN HOLLEN this year. going to change the planet Earth, it is for allowing the House to consider this So let me say that again. So long as important in providing budget trans- measure, which will require the Presi- the sequester that started on March 1 parency and helping the American tax- dent’s annual budget submission to remains in place through the end of the payer understand how much money Congress to include the cost per tax- calendar year, the independent, non- we’re spending here. payer of the deficit for each year the partisan Congressional Budget Office We often hear, as you’re out in town- budget is projected to result in a def- says that we will have 750,000 fewer hall meetings, How much is $1 trillion? icit. American jobs. That’s not President And what this bill simply shows is that This bill is based on one simple prin- Obama’s number; it’s not my number; if you take $1 trillion, if that’s the def- ciple: that each hardworking American it’s an independent number. icit in a given year, and divide it by 145 taxpayer deserves to know how much The Chairman of the Federal Re- million taxpayers we have, it adds up the deficit costs them each year. This serve, Ben Bernanke, was on the Hill to about $6,800 per taxpayer that we are requirement would be a powerful re- testifying just last week and made adding to our debt every year. minder to the President and Congress similar predictions. They have both— Back where I come from in Indiana’s that our decisions have real-world con- both the Chairman of the Federal Re- Sixth Congressional District, that’s a sequences for hardworking taxpayers. serve, Ben Bernanke, as well as the lot of money. He cited the number It’s long past time to hold Wash- Congressional Budget Office—said that 750,000, and I would concede that $85 ington accountable for its wasteful our economic growth between now and billion is a lot of money; but it rep- spending. The massive national debt the end of the year will be reduced by resents about 2 percent of what we has ballooned to an unsustainable level a full one-third if the sequester re- spend as a Nation every year in our $3.6 because Washington has refused to mains in place. So that’s what this billion budget. make tough choices, instead, simply House should be doing. I came to the House floor yesterday spending money we don’t have and ig- Today, a little later today, for the and held up two pennies representing noring the explosive growth of entitle- fourth time this year—for the fourth the two cents—the two percent—the ments. This abdication of responsi- time this year, Mr. Speaker—I will go, two cents out of every dollar that we’re bility is delaying the inevitable until on behalf of my colleagues in the asking Congress to trim out of our Fed- there may not be any good choices left. Democratic Caucus, to the Rules Com- eral budget. Does anybody in America Mr. Speaker, I reserve the balance of mittee and ask for the opportunity to really believe that our Federal Govern- my time. vote on a piece of legislation that ment is so efficient and so effective Mr. VAN HOLLEN. Mr. Speaker, I would replace that sequester in a smart that we can’t afford to trim two cents yield myself such time as I may con- and balanced way and in a way that out of every dollar? sume. doesn’t result in 750,000 fewer American Now, clearly, we can do this in a As one of the earlier speakers said jobs. more sensible way. I know of no one in during the 1 minutes, this bill simply either Chamber who is not arguing requires a math calculation, and we b 1240 that we ought to find a more sensible have absolutely no objection to doing Now, you would think our colleagues way to bring these reductions forward, that. As the gentleman may know, would want to vote on something like but bring them forward we must. about a month ago we passed an that instead of voting on a bill that Now, with that, Mr. Speaker, I yield amendment that did virtually the same just requires a math calculation— 1 minute to the distinguished gen- thing. which is fine—but it doesn’t do any- tleman from New Jersey (Mr. GAR- I do wonder why it is we think the thing about jobs, and it doesn’t actu- RETT). President is better with a calculator ally do anything to reduce the deficit. Mr. GARRETT. I thank the gen- than Congress. Because what this does But we’ve not been given that oppor- tleman. require simply is that you take the def- tunity. Right now, as we stand here, the na- icit and you divide it by the number of So I would just ask my colleagues: tional debt in this country stands over taxpayers. But we’re certainly fine to Why is it so important to bring a bill $16 trillion, and one-third of that was have transparency and have the Presi- to the floor that asks the President to rung up just during this President dent put that in his budget as part of do another math calculation—which we Obama’s administration. And some his submission as well. all can support—and not bring to the outside expert says, what does that Our concern is that this really floor of the House a bill that actually translate to you and me? Well, the av- doesn’t address the fundamental ques- would prevent the loss of 750,000 jobs erage taxpayer may be in debt of tion that we’re facing here in the Con- and present a balanced plan to reduc- $111,000 to the U.S. Government be- gress: number one, making sure we get ing the deficit in a way that doesn’t cause of that. the economy kicked into full gear, and harm the economy? On top of that, do you know that this jobs; and, number two, reducing the That really is the question here is the fourth time that this White deficit in a smart and balanced way today, Mr. Speaker, and maybe at some House, that this President, has failed over a period of time so that we’re not point we’ll get an answer. And maybe to follow the law and to submit a budg- balancing the budget on the backs of this House will live up to its promise of et to the House on time? But when he our seniors, that we’re not violating being the people’s House and a trans- finally does, I really do hope that this

VerDate Sep 11 2014 13:49 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR13\H05MR3.000 H05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD March 5, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 2335 budget differs from his other ones an effort to reduce the deficit. How is stands at over $16.5 trillion and in- which were riddled with red ink and ab- that serious deficit reduction? creases by $4 billion per day. We have solutely had no intent to balance, not So what we’ve said is we need to do $100 trillion, Mr. Speaker, in unfunded in 5 years, 10 years, or 15 years. They both. We need to eliminate a lot of promises coming down the pike. never balanced. In short, his budgets those tax preferences and tax breaks What many Americans, including have been an economic disaster. Maybe for big oil companies and others; and some Members of this distinguished that’s why there has been bipartisan we also need to make sensible, targeted body, fail to understand is that these opposition to these budgets. cuts in other areas and reduce the def- numbers have consequences. Our debt In the Senate, which is Democrat- icit in a smart way. The alternative and deficits are not simply a series of ically controlled, he got absolutely plan that we have proposed that we’re numbers. They are a reflection of our zero support for his budgets in the past. asking for a vote on would accomplish morality as a people. And what our So it’s high time that this President the same amount of deficit reduction debt and deficits reveal is that, for the gets serious about the deficits, ac- as the sequester through this calendar first time in the history of our coun- knowledges that frivolous spending is year, but do it in a way that does not try, this generation is preparing to part of the problem, and addresses the cost 750,000 American jobs, because we leave the next worse off. issues with appropriate budgets. don’t do it so deeply, so quickly. b 1250 I support this legislation before us. That’s the difference, and that’s why Mr. VAN HOLLEN. Mr. Speaker, I bipartisan commissions have rec- I always seem to be able to talk yield myself such time as I may con- ommended the balanced approach to about, at least on one side of this body, sume. reducing the deficit. So, again, the how many times something was intro- The floor manager mentioned that numbers for this year, which is the duced last year versus this year, and two times our Republican colleagues only thing that’s relevant in terms of somehow expecting a difference. Ein- had put forth an alternative to the se- congressional action, is that there has stein had something to say about re- quester. I know the gentleman knows been zero effort, zero times that our peating something and expecting a dif- well that we’re in a new Congress, and colleagues have brought to the floor a ferent result. starting in January, all the bills that proposal to replace sequester. We’re Would anyone in this room be able to were put forward in the last Congress now asking our fourth time this after- stand here and argue that this choice, were wiped off the books. They don’t noon simply to have a vote. leaving the next generation worse off, have any meaning at this point in I hope that we can finally get one, is morally correct? Of course not. The time. And this year, since we’ve been Mr. Speaker. out-of-control spending coming from in a new Congress, since the election, I reserve the balance of my time. Washington will have a devastating im- the number of times our Republican Mr. MESSER. Mr. Speaker, I yield 1 pact on future generations, our chil- colleagues have put forth a proposal to minute to the distinguished gentle- dren and grandchildren. prevent that sequester to replace it is woman from Tennessee (Mrs. BLACK). I recently received a letter from a zero—zero times in this Congress— Mrs. BLACK. Mr. Speaker, I thank Boy Scout in my district by the name when it could actually make a dif- the gentleman for yielding. of Michael Krane, who said he is ‘‘con- ference. Yet, today, for the fourth I rise today to speak in support of cerned and disappointed in the job Con- time, we’re going to go and ask for a Congressman MESSER’s bill, H.R. 668. gress has been doing in the handling of vote on our proposal. This requirement would be a powerful the budget.’’ Unfortunately, Michael Now, we’re not asking our colleagues reminder to the President and Congress does not have a voice in this conversa- to vote for a proposal, although I think on how the decisions regarding our tion. He is too young to vote. And, of that public surveys show the over- government’s spending impact the con- course, his children that he will one whelming majority of the American stituents that we serve. day have have no voice, yet they will people would think that our alter- Despite the fact that on the Presi- be paying this bill. native to replacing the sequester is a dent’s watch we have had 4 straight That is why I support LUKE MESSER’s lot better than the sequester. We’re not years of deficits exceeding $1 trillion bill, to continue this conversation with even asking our colleagues to vote for and we still have nearly 23 million the American people by simply saying, it. We’re just asking for a vote on it. Americans who are struggling to find to those of us who are taxpayers, what Let’s let the people’s House do its work, the President continues to cham- we bear in terms of the cost for the work. pion more and more deficit spending as government that we now have, as inef- Now, we talked about the deficit. a cure to what ails our struggling econ- ficient and ineffective as it is. There’s no argument about the need to omy. Mr. VAN HOLLEN. Mr. Speaker, I reduce our deficits. We just need to do But spending money we do not have yield myself such time as I may con- it in a smart way and in a way that is not an investment. It’s a liability sume. doesn’t hurt the economy and doesn’t that limits the potential and the free- As I pointed out earlier, but I think cost jobs; and our proposal does have a dom of the American people and future it bears emphasis, about 1 month ago balanced way. It combines additional, generations. Every man, woman, and we passed a virtually identical provi- targeted cuts over a period of time child in America currently owes $52,000 sion. So why are we back here on the with cutting tax loopholes that are in as their share of the national debt. It’s floor of this House, again without op- the Tax Code over a period of time. time that the President and Congress position? I think everybody in this Our Republican colleagues keep talk- level with the public about the burden House voted to do this calculation and ing about how bad the deficit is. We of debt that’s being placed on the have it put on the books. So why we say we agree with you on that, but it American taxpayer each and every are here one month later when the se- apparently isn’t bad enough that you year. quester just kicked in, doing some- would close one single tax loophole in Mr. MESSER. Mr. Speaker, I yield 2 thing that we already did, rather than order to reduce the deficit. In fact, that minutes to the distinguished gen- focusing on the issue at hand, I think Grover Norquist pledge that’s been tleman from Indiana (Mr. ROKITA). is a mystery to the American people. signed by over 90 percent of our House Mr. ROKITA. Mr. Speaker, I rise Folks who just read from letters they colleagues says that you promise not today in support of this important leg- got and from constituents, I think to close a single tax loophole for the islation offered by my good friend from those constituents are going to be ask- purpose of reducing the deficit. You Indiana. ing, why are you doing now what you can’t get rid of a tax break for cor- For more than 2 years now, my col- did 30 days ago when we have got all porate jets. You can’t get rid of the leagues and I have led a family discus- these other burning issues on our plate special treatment of hedge fund man- sion across this country about our debt right now, and at a time when we are agers under the Tax Code if it’s part of and deficits. Our current national debt asking for a vote on a plan to replace

VerDate Sep 11 2014 13:49 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR13\H05MR3.000 H05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2336 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 March 5, 2013 the sequester in a balanced way for the The point is, we passed this a month legislation coming to this floor last fourth time. ago. There is no objection to doing a week and this week in terms of seques- I reserve the balance of my time. calculation. But this bill does nothing, ter and continuing resolution. That is Mr. MESSER. Mr. Speaker, I yield 2 nothing to reduce the deficit. In fact, it what we should be doing—figuring out minutes to the distinguished is running up the deficit as we spend a way to get rid of the sequestration. gentlelady from Tennessee (Mrs. time, taxpayer time, right here on the What does sequestration mean? BLACKBURN). floor of the House while we continue to Whatever its Latin roots, it equals job Mrs. BLACKBURN. I thank the gen- ask for a vote, up or down vote, on our loss—750,000 by the estimate of the tleman for the time. plan to replace the sequester so that chairman of the Fed. Mr. Speaker, talking about burning we don’t lose 750,000 American jobs. And what is the point of all of this? issues, I don’t know of anything that is Today will be the fourth time we There is an answer. We already have more pressing than dealing with this have asked for this. Our Republican agreed in the continuing resolution— Nation’s debt. You can go back colleagues have not taken any action the President and the Congress have through the pages and look at what in this Congress, not one step, nothing, agreed to $1.2 trillion in spending cuts. Admiral Mullen had to say on July 6, to replace the sequester. We all recognize we must reduce the 2010: That is what we should be dealing deficit. We have all agreed to spending The greatest threat to our Nation’s secu- with. Not a bill that we passed a month cuts of that magnitude. That was in rity is our Nation’s debt. ago, not a bill that the gentlelady did addition to $400 billion of other spend- That is the reason we are here. We a calculation on the floor to achieve ing cuts in the last term of Congress. are not here for ourselves. We are here the result. Let’s focus on jobs and re- So $1.6 trillion in spending cuts, which for our children and our grandchildren, ducing the deficit in a smart way, by dwarfs the $600 billion, as significant as and making certain that the America targeting spending cuts in a smart that is, in the expiration of the Bush that they have, the future that they way, but also getting rid of all those tax cuts at the end of last year. have, hope and opportunity that they tax breaks that our colleagues seem so b 1300 have, is going to be greater than any- wedded to keeping in place. But we need more revenue, and there thing that we ever possibly could have With that, I yield 1 minute to the dis- is a place to get it. imagined for ourselves. tinguished Democratic leader, the gen- Our distinguished Speaker said there Isn’t that what preserving freedom tlewoman from California (Ms. PELOSI). is $100 billion in tax loopholes that for prosperity is all about? It is about Ms. PELOSI. I thank the gentleman could be closed. I think there is more making certain that we hand over free- for yielding and for giving me this op- than that, but many of the deductions dom in good shape for another genera- portunity to support his proposal, the that we would want people to take to tion. Chris Van Hollen proposal, as our rank- strengthen the middle class I think we I will tell you, if you are looking at ing member on the Budget Committee, should separate out from what the Re- the debt clock, it’s a pretty telling a proposal that is fair, responsible, and publicans want to do. The Republicans story—over $16.5 trillion. And yester- balanced. in Congress are protecting tax loop- day, the per citizen share of that debt Mr. VAN HOLLEN has put forth an ini- holes and wasteful spending in the Tax was $52,818. The per taxpayer share was tiative that cuts spending responsibly, Code, which increases the deficit in- $147,238. ends unnecessary and wasteful tax stead of solving problems. I know there are some in this body breaks for special interests, and ad- Instead of closing tax loopholes for who would like to turn the debt clocks vances the Buffett rule, ensuring that Big Oil, the Republicans want cuts for off in the hearing rooms. They just millionaires pay their fair share. little children in Head Start—Big Oil want to ignore it, and supposedly it I think it is really important to note, over little children. Instead of closing would go away and we wouldn’t have to as he did, that this will be yet another tax loopholes for corporations that talk about it. We could just pretend time we are coming to the floor asking ship jobs overseas, 750,000 jobs will be that we do not have a spending prob- for the Republican leadership to allow lost here because of the sequester and lem in Washington, D.C. a vote in what they boast of as an open the continuing resolution that con- Mr. Speaker, that is not reality. That Congress, open to other ideas, that has tains the sequester, which is a fix that is being completely divorced from re- blocked over and over again the mere we’re in because of the refusal of the ality. In order to defeat a problem, you consideration of Mr. VAN HOLLEN’s pro- Republican leadership to close those have to admit that there is a problem. posal on the floor. loopholes. Instead of ensuring million- There is a problem with spending in Instead, today, we are engaged in aires pay their fair share, our military Washington. There is a problem with subterfuge. What can we do instead of readiness will be impaired. We have our Nation’s debt. doing what we really need to do and kids who won’t get the proper training I support the good work that has make it look as if we are doing some- when they’re put into harm’s way un- been done by my friend from Indiana thing responsible? Yes, okay, let’s get less the Defense Department can repro- and encourage all to vote for H.R. 668. the calculation. But let’s reduce that gram the money; and health care for Mr. VAN HOLLEN. Mr. Speaker, I deficit. Let’s reduce that deficit. America’s military families will be cut. yield myself such time as I may con- And it is important to note that this So there is an answer to all of this, sume. debate happens in a week that we will and that is that we need to stop the Listening to this debate on the floor be taking up the continuing resolution. spending in our Tax Code. Everybody you might think that this bill did It has been 4 days since the sequester talks about reducing spending, as our something to reduce the deficit and the went into effect. The continuing reso- colleagues on the other side of the aisle debt. Just in case anyone is confused, lution that the Republicans are putting do, and we all agree that we need to re- it does nothing to reduce the deficit forth is a bill that reinforces the se- duce it. That’s why the $1.6 trillion in and debt. It does ask for a calculation, questration. spending cuts, and we can try to find which we agree with. So what does that do? The Federal more. But why can’t we stop the spend- In fact, the gentlelady just did the Reserve chairman, Ben Bernanke, told ing on the Tax Code, the spending of calculation herself, which begs the Congress last week that cuts of this tax giveaways? They’re called ‘‘tax ex- question why you need to go through a size, made this quickly, would hurt hir- penditures.’’ They cost the taxpayer. bill to get somebody to do the calcula- ing and incomes, slow the recovery, If you are so concerned about how tion. In fact, this calculation changes, cost the economy 750,000 jobs this year, much the deficit is costing every indi- because as the gentleman and all of us and keep deficits larger than other- vidual American, why don’t we cal- have said, the deficit goes up. That wise. culate how much the tax break is for number changes every day, and so you So we are not reducing the deficit by Big Oil, corporations sending jobs over- have got to do it every day. what is really happening on the major seas—the list goes on and on—and how

VerDate Sep 11 2014 13:49 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR13\H05MR3.000 H05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD March 5, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 2337 much those tax expenditures cost Mr. BILIRAKIS. Thank you, Mr. to allow that sequester to remain in America’s working families. They do so MESSER, and I appreciate you intro- place, we will see one-third less eco- by increasing the deficit and by not ducing this very good bill. nomic growth. creating jobs in our own country. Mr. Speaker, Washington continues Now, if you don’t believe the non- Again, there is an answer here. To be to spend money we don’t have. As we partisan, independent head of the Con- hopeful, we can come together to say, all know, the Federal Government bor- gressional Budget Office, who does pro- okay, we all agree: let’s reduce the def- rows nearly 46 cents on the dollar, fessional work, and if you don’t believe icit, cut spending, make some much of it from China, and we are the Chairman of the Federal Reserve, changes—those that we can—without sending the tab to our children and our who is not a partisan, maybe our Re- hurting beneficiaries in mandatory grandchildren. What a shame. Across publican colleagues will believe the spending. But why are these tax loop- America, working families have had to House Republican leader, Mr. CANTOR. holes for special interests such sacred tighten their belts, and it is past time Here is what he said on the floor of this cows for the Republicans, such sacred for Washington to do the same. House, not that long ago, with respect cows that they will not even allow Mr. That’s the bottom line. to the sequester: VAN HOLLEN’s bill to come to the floor? Ignoring runaway deficits and out-of- ‘‘Under the sequester, unemployment Are they afraid of the debate? Are they control spending is not an option. With would soar from its current level . . . ’’ afraid of the outcome of their vote? a national debt of more than $16 tril- He goes on to say that it would set With that, I thank the gentleman lion, Mr. Speaker, every American now back ‘‘any progress the economy has again for his leadership and for putting has a $52,000 share. We must control made.’’ He then referred to a study forth a balanced, fair proposal to re- spending so Washington will not saddle that said, ‘‘ . . . the jobs of more than duce the deficit in order to avoid se- future generations with burdensome 200,000 Virginians, in my home State, questration, which we didn’t, and as a debts that crowd out the private sector are on the line.’’ That’s Mr. CANTOR. counter to what the Republicans are and lead to increased taxes and higher Here is what the Republican chair- putting forth. It’s more than a counter. interest rates. The lack of fiscal dis- man of the Armed Services Committee It’s about leadership. It’s about what is cipline and the rising costs of the Fed- said about a month ago. This is what possible if we can work together in a eral debt have created a dangerous Mr. MCKEON said when we got the num- bipartisan way to get the job done for combination, necessitating action to bers from the last quarter showing the the American people. prevent Washington from dipping into economy was slowing, in part, in an- ticipation of these cuts. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the bottomless cookie jar. The SPEAKER pro tempore. The gen- This legislation before us would sim- b 1310 tlewoman from California is reminded ply require the President’s budget sub- Mr. MCKEON said: to address her remarks to the Chair. mission to provide an estimate of the This is just the first indicator of the ex- Mr. MESSER. I yield myself such cost per taxpayer of the deficit the traordinary economic damage defense cuts time as I may consume. budget would run. This commonsense will do. Mr. Speaker, let me make three legislation forces us to face this fiscal And that’s just the defense cuts. quick points: first, as to the underlying danger with eyes wide open. I support You’ve also got these across-the-board merits of the bill, transparency mat- this good bill, this effort by my col- cuts in important investments in bio- ters. It matters that we let the Amer- league, and I urge my colleagues to do medical research to try and find treat- ican people know what is happening the same. ments and cures to diseases that hit here. This calculation called for under Mr. VAN HOLLEN. Mr. Speaker, may families throughout this country. the bill shows that in recent years I ask how much time remains on both You’re going to be putting people out we’ve been racking up $6,800 in debt for sides. of work who do that important re- every American taxpayer each year. The SPEAKER pro tempore. The gen- search for our country. And at the end That’s a lot of money; secondly, we’ve tleman from Maryland has 9 minutes, of the day, in addition to the furloughs heard from folks on the other side of and the gentleman from Indiana has 8 and the disruption that will cause in the aisle about the need to close loop- minutes. the economy, throughout the entire holes. I would submit that there is Mr. VAN HOLLEN. I yield myself economy, 750,000 fewer jobs will result broad consensus that we need major such time as I may consume. at the end of the calendar year. tax reform. There is broad consensus Again, I have to remind people as So why in the world are we debating that the loopholes that our Tax Code is they listen to this debate that this bill a bill that we’ve already passed—I be- riddled with should go away. The ques- does nothing—zero—to reduce the def- lieve unanimously—1 month ago that tion is: Then what do you do with the icit—nothing. All it does is ask for a does nothing about jobs, nothing about money that comes from those reduc- calculation, which we’ve said we wel- the deficit, rather than take up the tions? Do you put it back in the Amer- come and which one of our Members proposal that we put forward to replace ican economy to help grow the econ- actually did on the floor of the House the sequester in a smart and balanced omy? The best way to balance our here as she gave her presentation, and way, through targeted cuts, but also budget and get this House back in fis- it’s that which we can all do. But by all the elimination of these tax breaks. cal order is to have a growing economy means, let’s say to the President, Put And the answer is, unfortunately, that with more taxpayers who can therefore that calculation in your budget—even our Republican colleagues, many of pay additional tax revenue because though that calculation is out of date 3 whom have signed that Grover they have a job, days after the budget is submitted if Norquist pledge, have said that they’re There has been a lot of talk on the we don’t get control of the deficit and not willing to close one tax loophole other side of the aisle about the need do it in a smart way. for the purpose of reducing the deficit. for a balanced approach, but that bal- I agree with the gentleman when he Not one penny. anced approach seems to ignore the says the best way to deal with the def- We hear all of the talk about reduc- fact that we had a $600 billion tax in- icit is to grow the economy. That’s ing the deficit, but no, you can’t take crease that passed this body on Janu- what we should be focused on, which is away one tax break for a corporate jet ary 1. The President promised in his why we’re asking today—for the fourth to reduce the deficit. You can’t say to campaign 4–1 spending reductions to time—for a vote on our proposal to re- a hedge fund manager: you’re no longer tax increases. We’re not yet even to 1– place the sequester so that we don’t going to get a special tax preference if 1, and we talk in this Chamber about lose 750,000 jobs; 750,000 jobs is the num- it means we’re going to take that away balance. ber of jobs that were created between so we can reduce the deficit. So if we’re Mr. Speaker, I yield 2 minutes to the October of last year and January of really concerned about the deficit, as distinguished gentleman from Florida this year. According to the Chairman we should be, let’s get at it in a bal- (Mr. BILIRAKIS). of the Federal Reserve, if we continue anced way, and not in the sequester

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They have a right to create one job or reduce the deficit this debate today, you’re seeing two to know as they look at their car by one penny. very different philosophies of how we loans, at their student loans, at that I reserve the balance of my time. move forward as a country: one side of new house loan. They have a right to Mr. MESSER. Mr. Speaker, I yield 2 the aisle, who believes that the key to know how much they’re going to in- minutes to the distinguished gen- America’s future is raising taxes and herit and pay back over the course of tleman from Indiana (Mr. YOUNG). growing government; and our side, who their working years for this irrespon- Mr. YOUNG of Indiana. Mr. Speaker, believes that the key to America’s fu- sible debt. Americans have a right to I rise today in support of my friend, ture is controlling spending and giving know. neighbor, colleague, and fellow Hoo- families tax relief now. Let’s use tax This legislation is important because sier, Mr. MESSER, and his bill, H.R. 668. reform to put more money in the pock- this is the first step to making sure This legislation would require the et of the American taxpayer so they that America knows the fiscal trouble President’s budget proposal to make can spend it out in the economy. we’re in, and to encourage our friends clear the per-taxpayer cost of any The gentleman mentions the CBO across the aisle to get together and not budget deficits. We have repeatedly many, many times over and over again use terminology of a balanced approach heard President Obama proclaim his and fails to mention that the leader- but actually give us a balanced budget. desire to have the most transparent ad- ship of CBO has said that a balanced Mr. VAN HOLLEN. Mr. Speaker, the ministration in history. In furtherance budget in the long term will help grow American public does have a right to of that objective then, this should be our economy by as much as 1.7 percent know. I don’t know how many times we welcome legislation to all parties. each year annually if we balance this have to say this on the floor of this To many Americans and to many of budget. He cites Majority Leader CAN- House: We passed virtually the iden- my colleagues, Federal budgeting TOR’s statements on the sequester. We tical bill 30 days ago, approximately, might seem like an abstraction, and have virtual unanimity in this caucus and I’m not objecting to this bill. Peo- thus unimportant because dollar that we need to replace the structure ple have a right to know. We should amounts in terms of billions and tril- of those $85 billion in cuts, but our side have transparency. We should reduce lions of dollars are beyond normal of the aisle believes we need to replace the deficit, and this bill does nothing human comprehension. Most people them with other, more sensible budget to reduce the deficit. just don’t think in those terms. In fair- reductions that get this government What we need to do is make sure that ness, most of us don’t think in those under control. we get our deficits under control, that terms, so let’s clarify this process by Mr. Speaker, with those comments, I we stabilize the debt, and that we bringing these numbers down to the in- yield 2 minutes to the distinguished make smart choices for the people in dividual level. Let’s tell the American gentleman from Wisconsin (Mr. this country. people, for example, under the Presi- DUFFY). Yes, there is a difference of opinion. dent’s last budget, you owe $7,000 just Mr. DUFFY. Mr. Speaker, I appre- We believe that as part of reducing the to cover the deficit. That resonates. ciate the gentleman for yielding. deficit, we should make targeted smart Folks get that. The math is pretty sim- My good friends across the aisle talk cuts, but we should also cut some of ple. The median income in Indiana is about loopholes and tax reform. They those tax loopholes. Now the gen- around $45,000. Income and payroll might forget that over the last 2 years, tleman mentioned that we passed a tax taxes will eat up about $9,000 of that. this House and this party have put for- increase on $600 billion over the next 10 ward legislation that does away with years. That’s right; we finally said, for 1320 the loopholes as part of a larger tax re- higher income earners, you’re going to b form proposal. go back to paying the same rates as People will understand what it means My friend across the aisle contin- you were during the Clinton adminis- when you tell them that, under the ually talks about a smart and balanced tration. President’s budget, you need almost 20 way to balance the budget. He talks But the gentleman suggested that percent more per year per Hoosier just about responsibility. But if you ask budget history began on January 1 of to balance the budget. him, Mr. Speaker, for his legislation, this year. We were all here—not every- Now, this is important. Contrary to when does the Democrat bill balance? body, but most of us—when we passed some of the things we heard earlier, When does their budget balance? It the Budget Control Act in the summer maybe this bill will even help never does. Ask him: does it balance in of 2011. What did we do in that act? We incentivize those who are drafting 10, 20, 50 years? How about 100 years? capped spending—$1.5 trillion in spend- budgets in the future to put together Does your budget balance in 100 years? ing reductions. That was the right budgets that actually balance at some Never does it balance. That is not a thing to do. Now we’ve done $600 billion point in the distant future so that we balanced approach. in revenue. So I think most people can don’t have to rely on these suboptimal The Senate hasn’t put forward a do the math on this. We’re not nearly cutting gimmicks, like the President’s budget in 4 years. The President’s close to the kind of ratios that the bi- sequester, to, in some way, get spend- budget, not one Democrat in this partisan commission, the bipartisan ing under control. Chamber or the Senate voted for the fiscal commission, Simpson-Bowles, We know revenue will double over President’s budget. And that one, too, we’re not close to the balance that the next 10 years. We know we have a never, never balances. That’s not a bal- they talked about in terms of revenue spending problem, not a revenue prob- anced approach. America deserves bet- and cuts, not even in the ballpark. lem in this country, so it’s time the ter. So let’s focus on the fundamental Federal Government—and the White But on this current legislation, question, which is, number one, getting House, in particular—comes clean America and Americans have a right to the economy moving again, not losing about the direct impact of our Federal know how much their government is 750,000 jobs this year, and then reduc- deficits on our Nation’s families. accumulating in debt in their name. ing our deficits in a smart and bal- So I urge my colleagues to support Grandparents and parents, they have a anced way over a period of time. But this measure of good government by right to know how much debt is going yes, by all means, let’s have the Presi- voting ‘‘yea’’ for H.R. 668. to be passed on to their grandchildren dent do a calculation, which one of the Mr. VAN HOLLEN. Mr. Speaker, may and their children. Those little pre- earlier Republican speakers did on the I ask how much time remains on each schoolers, those toddlers, those infants floor of the House. We can all do that. side?

VerDate Sep 11 2014 13:49 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR13\H05MR3.000 H05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD March 5, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 2339 The SPEAKER pro tempore (Mr. unity on the floor of the House, and I money, is 2 percent of our total Federal STUTZMAN). The gentleman from Mary- look forward to joining my colleagues Government $3.6 trillion budget. It’s land has 2 minutes, and the gentleman in voting for this bill. two pennies on every dollar. from Indiana has 3 minutes. The State of Maryland also has a bal- We agree that this sequester should Mr. VAN HOLLEN. Does the gen- anced budget, but we also have a cap- be replaced; we disagree on how. Surely tleman have any other speakers? ital budget and other parts that we do we can find two pennies to save instead Mr. MESSER. I think we’ve got one differently. of raising taxes and taking more more. Look, Mr. Speaker, I’m going to sup- money out of the pocket of the Amer- Mr. VAN HOLLEN. I reserve the bal- port this bill. I support transparency. I ican taxpayer. ance of my time. supported virtually the identical provi- With that, I yield back the balance of Mr. MESSER. Mr. Speaker, I yield 2 sion 30 days ago. That’s really not the my time. minutes to the distinguished gen- issue. Yes, we want more information, Ms. JACKSON LEE of Texas. Mr. Speaker, tleman from Indiana (Mr. STUTZMAN), and we’ll get it. I rise to question H.R. 668, a bill to amend another very good friend of mine, the But the real issue here is the loss of section 1105(a) of title 31, United States third Hoosier speaking on this bill jobs. Now, the previous gentleman Code, to require that annual budget submis- today. mentioned that the Washington Times sions of the President to Congress provide an Mr. STUTZMAN. Thank you to my has an article saying more jobs were estimate of the cost per taxpayer of the deficit. friend from Indiana. This is, I believe, created. Thank goodness we are finally What does this bill accomplish—very little. the fifth speaker from Indiana. Maybe seeing more and more jobs created. More specifically, H.R. 668 requires the we’re getting something right in Indi- We will have economic growth. There President to submit the pro rata cost for tax- ana—I don’t know what it is—but will be jobs created. The question is payers for any deficit projected in the Presi- thank you for sharing this bill. how many fewer jobs we will have as a dent’s budget for a given fiscal year. We do have a balanced budget in Indi- result of the sequester. The CBO hasn’t While I support genuine bipartisan efforts to ana. We have made sure that we have said it will stop every job from being resolve our fiscal and budgetary issues, it is taken care of the children in education, created. difficult to see how this bill proposes a produc- we’ve made sure that our law enforce- What the Chairman of the Federal tive use of the House’s time and taxpayer dol- ment is taken care of, but we’ve also Reserve has said, and what the non- lars. made those difficult choices early on partisan Congressional Budget Office H.R. 668 appears to be a politically moti- that Washington could really learn has said, is that this sequester, if it re- vated bill aimed at placing blame on the Presi- from in budgeting. mains in place through the end of the dent for our deficit issues rather than pro- So I appreciate Congressman MESSER year, will be a drag on growth, so we posing a sound, bipartisan solution that would for bringing this particular bill. It’s a will have fewer jobs created. In fact, provide a balanced approach to turning our good government bill. they estimate we will have 750,000 annual budgets deficits into surpluses. And I know the other side of the aisle fewer American jobs by the end of the This Congress cannot absolve itself of the is talking about the sequester. I find it year if we don’t do something about duty to reach a bipartisan deal to mitigate the ironic that the Washington Times the sequester. devastating effects of the sequester now im- today has a headline that says 400 more So, Mr. Speaker, I’d just go back to posed on the federal government. jobs are created, in spite of the seques- the original question: Why take up We must remember that this sequester was ter. So I don’t believe that the sky is something we’ve already done, already intended to be harmful to our nation’s falling here. passed virtually unanimously, when we progress in the eyes of both parties, in order This legislation requires the Presi- have a much more pressing issue and to incentivize this Congress to make the dif- dent to do some simple math and in- when we, today, will ask for the fourth ficult choices necessary to forge a sustainable clude with his budget, should he choose time this year, when it counts, to vote economic future. to submit one, an estimate of the cost on a bill that would replace the seques- The cuts are arbitrary and are no substitute of the deficit per taxpayer. Taxpayers ter in a smart and balanced way with- for sound policy: $42.7 billion in defense cuts just simply deserve to know how much out the loss of jobs? That’s the funda- (a 7.9 percent cut); $28.7 billion in domestic they owe for Washington’s out-of-con- mental question. And why this House is discretionary cuts (a 5.3 percent cut); $9.9 bil- trol spending. After all, every dime shirking that responsibility and refus- lion in Medicare cuts (a 2 percent cut); and $4 that the Federal Government borrows ing to hold a vote on a proposal that billion in other mandatory cuts (a 5.8 percent is saddled on this generation and the would prevent the loss of 750,000 jobs is cut to nondefense programs, and a 7.8 per- next generation and generations to fol- a question I think the American people cent cut to mandatory defense programs). low. are asking themselves. Each day that passes under the sequester, Right now, the cost of Washington’s So, Mr. Speaker, let’s get on to the it imperils our security, our economic recovery, $16 trillion of national debt totals more pressing business. Let’s focus on jobs and our families across this nation. than $147,000 per taxpayer. In fact, ap- and really reducing the deficit and not From military readiness, to disaster and ter- proximately every minute, Mr. Speak- playing these kind of games on the rorism preparedness, to law enforcement and er, the Federal Government borrows floor of the House. emergency responders, to education, to small another $4 million per minute, leaving I yield back the balance of my time. business, to veterans care, to travel, to food this generation empty promises and Mr. MESSER. Mr. Speaker, I appre- safety, to vital research and innovation; there massive debt. ciate the gentleman’s help and com- is virtually no facet of our way of life that will This is no way to run a government. ments on this bill. It’s a good govern- avoid being negatively impacted by the se- If the President refuses to break the ment bill. It’s transparency. It makes quester. cycle of bailouts, borrowing, and tax sure that taxpayers know how much Aircraft purchases by the Air Force and hikes, taxpayers deserve to know the the Federal Government is racking up Navy are cut by $3.5 billion. true cost of the President’s irrespon- on their dime, and I’m hopeful that it Military operations across the services are sible decisions. The American tax- will pass. cut by about $13.5 billion. payers deserve transparency, and The gentleman makes a very impor- Military research is cut by $6.3 billion. that’s exactly what this bill does. tant point, that this bill is not the The National Institutes of Health get cut by Mr. Speaker, I applaud my colleague cure-all of the world, and we have lots $1.6 billion. from Indiana, and I thank him for of work to do. Far too many families in The Centers for Disease Control and Pre- bringing this bill to the floor. I urge this economy have had to come home vention are cut by about $323 million. the support of all of my colleagues here and deal with a job loss. Border security is cut by about $581 million. in the House of Representatives. I remind everybody in this Chamber Immigration enforcement is cut by about Mr. VAN HOLLEN. Mr. Speaker, it’s that the $85 billion that we’re talking $323 million. always good to see a show of Hoosier about in this sequester, while a lot of Airport security is cut by about $323 million.

VerDate Sep 11 2014 13:49 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00012 Fmt 0688 Sfmt 9920 E:\BR13\H05MR3.000 H05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2340 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 March 5, 2013 Head Start gets cut by $406 million, kicking Mr. COLLINS of Georgia. Mr. Speaker, I H.R. 338 70,000 kids out of the program. rise in strong support of this legislation and I Be it enacted by the Senate and House of FEMA’s disaster relief budget is cut by $375 thank the gentleman from Indiana for his con- Representatives of the United States of America million. tinued leadership on this issue. in Congress assembled, Public housing support is cut by about $1.94 Last month, this administration stated that it SECTION 1. SHORT TITLE. billion. was the most transparent in history. According This Act may be cited as the ‘‘Stop To- The FDA is cut by $206 million. to recent polls, only 26 percent of Americans bacco Smuggling in the Territories Act of 2013’’. NASA gets cut by $970 million. agree. Special education is cut by $840 million. SEC. 2. TERRITORIES AND POSSESSIONS OF THE H.R. 668 requires this administration, and UNITED STATES INCLUDED IN THE The Energy Department’s program for se- future administrations, to include a cost-per- DEFINITION OF STATE FOR THE curing our nuclear materials is cut by $650 taxpayer calculation of the Federal deficit in PURPOSES OF THE PROHIBITION million. their annual budget submission. AGAINST TRAFFICKING IN CONTRA- BAND CIGARETTES AND SMOKELESS The National Science Foundation gets cut Transparency is not a political issue. Re- TOBACCO. by about $388 million. gardless of which side of the aisle we sit on, Paragraph (4) of section 2341 of title 18, The FBI gets cut by $480 million. our constituents deserve to know how they are United States Code, is amended by striking The federal prison system gets cut by $355 impacted by the decisions we make here in ‘‘or the Virgin Islands’’ and inserting ‘‘the million. Washington. Virgin Islands, American Samoa, the Com- State Department diplomatic functions are This legislation removes the excuses from monwealth of the Northern Mariana Islands, cut by $650 million. those who wish to pretend that our country is or Guam’’. Global health programs are cut by $433 mil- not facing a fiscal crisis. It replaces rhetoric The SPEAKER pro tempore (Mr. lion; the Millennium Challenge Corp. sees a with fact. MESSER). Pursuant to the rule, the gen- $46 million cut, and USAID a cut of about Hard-working men and women in my dis- tleman from Virginia (Mr. GOODLATTE) $291 million. trict, and across America, should know what and the gentleman from Virginia (Mr. The Nuclear Regulatory Commission is cut our out-of-control spending here in Wash- SCOTT) each will control 20 minutes. by $55 million. ington is costing them. The Chair recognizes the gentleman The SEC is cut by $75.6 million. The administration recently released their from Virginia (Mr. GOODLATTE). The United States Holocaust Memorial Mu- budget for Fiscal Year 2013. It forecasts a GENERAL LEAVE seum is cut by $2.6 million. $901 billion deficit this year alone. Mr. GOODLATTE. Mr. Speaker, I ask The Library of Congress is cut by $31 mil- My friends in the other body, on the other unanimous consent that all Members lion. side of the aisle recently proposed a seques- may have 5 legislative days within The Patent and Trademark office is cut by ter replacement bill that would add $41.5 bil- which to revise and extend their re- $156 million. lion to the deficit in 2013. Over 10 years, the marks and include extraneous mate- This is neither the way to govern, nor is it bill would add another $7.2 billion to the def- rials on H.R. 338, currently under con- a permissible path forward. We cannot con- icit. sideration. tinue along this path of perpetual, self-im- Taxpayers deserve to know what such pro- The SPEAKER pro tempore. Is there posed destruction—moving from manufactured posals would cost them individually. This is a objection to the request of the gen- crisis to manufactured crisis without providing commonsense bill that already passed the tleman from Virginia? the American people with certainty and clarity House in the form of an amendment. This isn’t There was no objection. as to the future. a political issue, it is reasonable and rational b 1330 In just three short weeks, the federal gov- legislation that lets the American people know ernment faces another manufactured crisis; a we can be serious about their financial future, Mr. GOODLATTE. Mr. Speaker, I shutdown that threatens to compound the ef- and the financial future of the country. yield myself such time as I may con- fects of the sequester and further damage our I urge my colleagues to support this legisla- sume. economy, making it harder for families to en- tion. Cigarette trafficking is a very lucra- dure. The SPEAKER pro tempore. The tive crime both here in the United We must focus our efforts on working to- question is on the motion offered by States and abroad. It is estimated that gether to enact a continuing resolution in order the gentleman from Indiana (Mr. illicit cigarettes account for over 10 to avoid a government shutdown, and to enact MESSER) that the House suspend the percent of the more than 5.7 trillion a plan that provides a healthy balance of reve- rules and pass the bill, H.R. 668. cigarettes sold globally each year. Here nues and spending cuts that will move us for- The question was taken. in the United States alone, approxi- ward without devastating the middle class. The SPEAKER pro tempore. In the mately 4 billion of the cigarettes sold Bills that do not serve any ostensible prac- opinion of the Chair, two-thirds being each year are illicit. tical purpose and are simply meant to ad- in the affirmative, the ayes have it. Cigarette smuggling is generally car- vance an ideological position should not oc- Mr. MESSER. Mr. Speaker, on that I ried out by large criminal organiza- cupy the House’s time, and the American peo- demand the yeas and nays. tions that take advantage of the sig- ple expect more of their elected representa- The yeas and nays were ordered. nificant disparity between the taxes tives. The SPEAKER pro tempore. Pursu- levied on cigarettes across the States. We must remember that the faces of those ant to clause 8 of rule XX, further pro- These differences create a highly lucra- who are negatively impacted by the sequester ceedings on this motion will be post- tive market for individuals to evade are not of millionaires or billionaires; they are poned. State and local sales taxes by pur- of average Americans who, through no fault of f chasing cigarettes in one locality and their own, have struggled through a tough transporting them to another for resale economy and fiscal adversity. STOP TOBACCO SMUGGLING IN below market value. It is estimated As we work together to get our Nation’s fis- THE TERRITORIES ACT OF 2013 that criminals can make a profit of as cal house in order, we should strive to care- Mr. GOODLATTE. Mr. Speaker, I much as $1 million on just a single fully consider the impact of decisions—or in move to suspend the rules and pass the truckload of illicit cigarettes. this case, the lack of decisions—on the mil- bill (H.R. 338) to amend title 18, United Cigarette smuggling is not just prof- lions of middle and low-income Americans States Code, to include certain terri- itable for criminal networks; this who are counting on us to come to an agree- tories and possessions of the United crime also harms State and Federal ment. States in the definition of State for the revenues. According to the Justice De- I look forward to working with my colleagues purposes of chapter 114, relating to partment, this illicit activity costs the in Congress on both sides of the aisle on a trafficking in contraband cigarettes States and the Federal Government an long-term debt and deficit solution, and am and smokeless tobacco. estimated $5 billion each year. This is confident that we can reach an agreement that The Clerk read the title of the bill. money that could and should be put to will work for the benefit of all Americans. The text of the bill is as follows: better use.

VerDate Sep 11 2014 13:49 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR13\H05MR3.000 H05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD March 5, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 2341 In 2009, Congress took steps to curb for resale, evading the imposition of included. Under the Contraband Ciga- contraband cigarettes with the Prevent appropriate taxes, costing territorial rette Trafficking Act that Congress All Cigarette Trafficking, or PACT, governments a significant amount of passed in 1978, it is illegal to ship, sell, Act. The PACT Act prohibits the sale cigarette excess tax revenue each year. transport, or possess more than 10,000 of cigarettes and other tobacco prod- They also facilitate unfair competition cigarettes per month not bearing the ucts over the Internet and made that hurts the bottom line of legiti- tax stamp of the jurisdiction in which changes to the criminal anticigarette mate businesses. they are found. Violation is a felony smuggling statutes. Counterfeit cigarettes are also not punishable by up to 5 years in prison H.R. 338, the Stop Tobacco Smug- subjected to any manufacturing safe- and seizure of the contraband ciga- gling in the Territories Act of 2013, pro- guards, therefore presenting the poten- rettes and/or both. vides a technical correction to ensure tial for products containing toxic in- The Contraband Cigarette Traf- that the criminal prohibitions against gredients that can seriously jeopardize ficking Act currently, however, does cigarette smuggling apply to the U.S. the health and safety of the smoker. not apply to American Samoa, the ter- territories of American Samoa, Guam, The lower price also facilitates easier ritory of Guam, and the Northern Mar- and the Northern Mariana Islands just affordability for our youth, resulting in iana Islands. Historically, when Con- as they do in the rest of the country. addiction at earlier ages. The illicit gress considered the bill in 1978, the Without this fix, cigarettes sold in trade therefore adds steadily to the Senate version defined ‘‘State’’ to in- these territories without evidence that health care costs of worker produc- clude the 50 States, the District of Co- taxes were paid do not fall within the tivity losses and the growing death lumbia, Puerto Rico, or a territory or definition of ‘‘contraband cigarettes.’’ from tobacco use. Currently, the use of possession of the United States; how- This is a modest but important change tobacco claims 5.4 million lives a year. ever, the House provision excluded the that will help to discourage crime and This number is projected to rise to 8 smaller territories. For some reason increase tax revenues in these United million by 2013. unbeknownst to me, the conference States territories. For these reasons, I strongly support substitute adopted the House provi- I want to thank Mr. FALEOMAVAEGA H.R. 338 and thank our colleague from sion. The conference report describes for his work on this issue, as well as American Samoa, Delegate the House provision as ‘‘more accu- the ranking member on the full com- FALEOMAVAEGA, for his leadership in rately delineating the practical scope mittee and the subcommittee for their spearheading this issue. of the legislation.’’ support of this effort, and the chair- Accordingly, Mr. Speaker, I urge my Mr. Speaker, the bill before us today man of the Crime Subcommittee, Mr. colleagues to support the legislation, will correct this oversight under the current law. This important piece of SENSENBRENNER, as well, and I urge my and I reserve the balance of my time. colleagues to join me in support of this Mr. GOODLATTE. I continue to re- legislation will amend the Contraband bill. serve the balance of my time. Cigarette Trafficking Act to include I reserve the balance of my time. Mr. SCOTT of Virginia. Mr. Speaker, these territories. I urge my colleagues to support this Mr. SCOTT of Virginia. I yield myself I yield such time as he may consume to bill. such time as I may consume. the delegate from American Samoa Mr. SCOTT of Virginia. Mr. Speaker, Mr. Speaker, I rise in support of H.R. (Mr. FALEOMAVAEGA). I yield back the balance of my time. Mr. FALEOMAVAEGA. I thank the 338, the Stop Tobacco Smuggling in the Mr. GOODLATTE. I will close simply Territories Act of 2013. This bill is sim- gentleman for yielding, Mr. Speaker, by saying cigarette smuggling is a seri- ple and straightforward. It amends the and I especially want to thank my good ous problem and revenues lost to the friend, the chairman of the House Judi- Contraband Cigarette Trafficking Act territories that Mr. FALEOMAVAEGA and by including American Samoa, the ciary committee, Mr. GOODLATTE, and others represent are lost revenues that Commonwealth of the Northern Mar- Mr. JOHN CONYERS, the senior ranking they can use to meet legitimate obliga- iana Islands, and Guam in this act. member, for their support of this pro- tions, and we want to help them com- Currently, the Contraband Cigarette posed bill. I would especially also like bat that. So I strongly support the leg- Trafficking Act makes it illegal to to thank JIM SENSENBRENNER, the islation and urge my colleagues to do knowingly ship, transport, receive, pos- chairman of the subcommittee, and the the same, and I yield back the balance sess, sell, distribute, or purchase 10,000 gentleman from Virginia, my good of my time. or more contraband cigarettes that do friend, for their support in the sub- Ms. JACKSON LEE. Mr. Speaker, I rise not have a State or territorial tax committee. I also want to acknowledge today to support H.R. 338, the ‘‘Stop Tobacco stamp. The act similarly applies to the Speaker JOHN BOEHNER, Majority Lead- Smuggling in the Territories Act of 2013,’’ sale of contraband smokeless tobacco er CANTOR, and our Democratic leader, which adds previously uncovered American in excess of certain specified quan- NANCY PELOSI, for their support. territories to the Contraband Cigarette Traf- tities. With respect to both activities, Mr. Speaker, my district faces a seri- ficking Act. the act authorizes the imposition of ous problem with tobacco smuggling. Specifically, H.R. 338 provides that Amer- criminal penalties and fines. According to a recent study, in 2010 ican Samoa, the Commonwealth of the North- As drafted, however, the bill does not alone, as many as 5.8 million cigarettes ern Marianas and Guam will be covered by apply to American Samoa, the Com- were smuggled into the territory. The the current Contraband Cigarette Trafficking monwealth of the Northern Mariana Is- study found that tobacco smuggling re- Act, which makes it illegal to knowingly ship, lands, and Guam. Thus, the Bureau of sulted in the loss of about $725,000 in transport, receive, possess, sell, distribute, or Alcohol, Tobacco, Firearms, and Explo- revenues to the territory. If continued purchase 10,000 or more contraband ciga- sives is prohibited from investigating undeterred, tobacco smuggling in the rettes that do not have a state or territorial tax Contraband Cigarette Trafficking Act territory will lead to heavier losses in stamp. violations in those territories. H.R. 338 local tax revenues, especially if the Currently, only the 50 states, Washington, will cure this obvious oversight. cigarette excise tax rate were to be in- DC, Puerto Rico, and the Virgin Islands are Mr. Speaker, cigarettes are believed creased. Mr. Speaker, securing and sus- covered by the Contraband Cigarette Traf- to be the most illegally trafficked taining stable sources of local revenue ficking Act. product in the world. In 2006 alone, stream is essential and must be encour- We all understand the dangers associated more than 10 percent of worldwide aged for the territories, as it has al- with cigarette smoking and its prevalence in sales, or 600 billion cigarettes, were ready done for the States. the United States. This bill seeks to treat the counterfeited. It was for this reason I began to look aforementioned territories like any other state Contraband cigarettes actually into this important issue. I was dis- when it comes to trafficking. present numerous issues. Legally man- appointed, however, to find that under Roughly 23 percent of American adults and ufactured cigarettes are diverted from the current law prohibiting cigarette 30 percent of adolescents are current smok- legal trade channels in the underworld smuggling, not all the territories were ers. Every day, 3,500 minors try smoking for

VerDate Sep 11 2014 13:49 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00014 Fmt 0688 Sfmt 9920 E:\BR13\H05MR3.000 H05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2342 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 March 5, 2013 the first time, one thousand of whom go on to REQUIREMENT IN BUDGET SUB- Kaptur Murphy (FL) Schneider become regular, daily smokers. Moreover, MISSION WITH RESPECT TO THE Keating Murphy (PA) Schock Kelly Napolitano Schrader more than 15.5 million children are exposed to COST PER TAXPAYER OF THE Kennedy Neal Schwartz secondhand smoke at home. DEFICIT Kildee Neugebauer Schweikert Kilmer Noem Smoking kills more people than alcohol, The SPEAKER pro tempore. The un- Scott (VA) AIDS, car accidents, illegal drugs, murders, Kind Nolan Scott, Austin finished business is the vote on the mo- King (IA) Nugent Scott, David and suicides combined, with thousands more tion to suspend the rules and pass the King (NY) Nunes Sensenbrenner dying from spit tobacco use. bill (H.R. 668) to amend section 1105(a) Kingston Nunnelee Sessions About one of every five American deaths is Kinzinger (IL) O’Rourke Sewell (AL) of title 31, United States Code, to re- Kirkpatrick Olson related to smoking, or about 400,000 Ameri- Shea-Porter quire that annual budget submissions Kline Owens Sherman cans each year. Tragically, about 50,000 adult Kuster Palazzo of the President to Congress provide an Shimkus Labrador Pallone nonsmokers in the nation die each year from Shuster estimate of the cost per taxpayer of the LaMalfa Pascrell exposure to secondhand smoke. Simpson deficit, and for other purposes, on Lamborn Pastor (AZ) Sinema More deaths are caused each year by to- Lance Paulsen which the yeas and nays were ordered. Slaughter bacco use than by all deaths from HIV, illegal Langevin Payne The Clerk read the title of the bill. Smith (NE) drug use, alcohol use, car accidents, suicides, Lankford Pearce The SPEAKER pro tempore. The Smith (NJ) and murders combined. Larson (CT) Pelosi question is on the motion offered by Latham Perlmutter Smith (TX) More than 8.6 million Americans currently Smith (WA) the gentleman from Indiana (Mr. Latta Perry suffer from smoking-caused illness, and over Levin Peters (CA) Southerland MESSER) that the House suspend the Speier six million Americans under the age of 18 who Lewis Peters (MI) rules and pass the bill. Peterson Stewart are alive today are estimated to ultimately die Lipinski The vote was taken by electronic de- LoBiondo Petri Stivers from smoking. In addition, smokers lose an Stockman vice, and there were—yeas 392, nays 28, Loebsack Pingree (ME) average of 13 to 14 years of life because of Lofgren Pittenger Stutzman answered ‘‘present’’ 1, not voting 10, as Terry their smoking. Long Pitts follows: Lowenthal Poe (TX) Thompson (CA) We must do more to dissuade people from Lowey Polis Thompson (PA) [Roll No. 57] smoking. Lucas Pompeo Thornberry The SPEAKER pro tempore. The YEAS—392 Luetkemeyer Posey Tiberi Lujan Grisham Price (GA) Tierney question is on the motion offered by Aderholt Cleaver Frelinghuysen (NM) Price (NC) Tipton Alexander Clyburn Gabbard the gentleman from Virginia (Mr. Luja´ n, Ben Ray Quigley Amash Coffman Gallego Titus (NM) Radel GOODLATTE) that the House suspend Amodei Cole Garamendi Tonko Rahall the rules and pass the bill, H.R. 338. Andrews Collins (GA) Garcia Lummis Tsongas Bachmann Collins (NY) Gardner Maffei Rangel Turner The question was taken. Maloney, Sean Reed The SPEAKER pro tempore. In the Bachus Conaway Garrett Upton Barber Connolly Gerlach Marchant Reichert Valadao opinion of the Chair, two-thirds being Barletta Conyers Gibbs Marino Renacci Van Hollen in the affirmative, the ayes have it. Barr Cook Gibson Markey Ribble Veasey Barrow (GA) Cooper Gingrey (GA) Massie Rice (SC) Vela Mr. GOODLATTE. Mr. Speaker, on Matheson Richmond that I demand the yeas and nays. Barton Costa Gohmert Visclosky Bass Cotton Goodlatte Matsui Rigell Wagner The yeas and nays were ordered. Beatty Courtney Gosar McCarthy (CA) Roby Walberg The SPEAKER pro tempore. Pursu- Becerra Cramer Gowdy McCarthy (NY) Roe (TN) Walden McCaul Rogers (AL) Benishek Crawford Granger Walorski ant to clause 8 of rule XX, further pro- McClintock Rogers (KY) Bentivolio Crenshaw Graves (GA) Walz ceedings on this motion will be post- McCollum Rogers (MI) Bera (CA) Crowley Graves (MO) Wasserman McHenry Rohrabacher poned. Bilirakis Cuellar Grayson Schultz McKeon Rokita Bishop (GA) Culberson Green, Al Waxman f McKinley Rooney Bishop (NY) Cummings Green, Gene Weber (TX) McMorris Ros-Lehtinen RECESS Bishop (UT) Daines Griffin (AR) Webster (FL) Black Davis, Danny Rodgers Roskam Griffith (VA) Welch Blackburn Davis, Rodney Grimm McNerney Ross The SPEAKER pro tempore. Pursu- Wenstrup Blumenauer DeFazio Guthrie Meadows Rothfus ant to clause 12(a) of rule I, the Chair Westmoreland Bonamici DeGette Hahn Meehan Roybal-Allard Whitfield declares the House in recess subject to Bonner Delaney Hall Meng Royce the call of the Chair. Boustany DeLauro Hanabusa Messer Ruiz Williams Wilson (SC) Accordingly (at 1 o’clock and 39 min- Brady (PA) DelBene Hanna Mica Runyan Brady (TX) Denham Harper Michaud Ruppersberger Wittman utes p.m.), the House stood in recess. Braley (IA) Dent Harris Miller (FL) Ryan (OH) Wolf f Bridenstine DeSantis Hartzler Miller (MI) Ryan (WI) Womack Brooks (AL) DesJarlais Hastings (FL) Miller, Gary Salmon Woodall b 1400 Brooks (IN) Deutch Hastings (WA) Miller, George Sa´ nchez, Linda Yarmuth Broun (GA) Diaz-Balart Heck (NV) Moore T. Yoder AFTER RECESS Brown (FL) Dingell Heck (WA) Moran Sarbanes Yoho Brownley (CA) Doggett Hensarling Mullin Scalise Young (FL) The recess having expired, the House Buchanan Doyle Herrera Beutler Mulvaney Schiff Young (IN) was called to order by the Speaker pro Bucshon Duckworth Higgins tempore (Mr. ROONEY) at 2 p.m. Burgess Duffy Himes NAYS—28 Bustos Duncan (SC) Holding f Butterfield Duncan (TN) Holt Capuano Lee (CA) Swalwell (CA) Calvert Edwards Honda Cartwright McDermott Takano ANNOUNCEMENT BY THE SPEAKER Camp Ellmers Horsford Cohen McGovern Thompson (MS) PRO TEMPORE Campbell Engel Hoyer Ellison Meeks Vargas Cantor Enyart Hudson Farr Nadler Vela´ zquez The SPEAKER pro tempore. Pursu- Capito Eshoo Huelskamp Fudge Negrete McLeod Waters ant to clause 8 of rule XX, proceedings Capps Esty Huffman Gutierrez Pocan Watt Jackson Lee Sanchez, Loretta will resume on motions to suspend the Ca´ rdenas Farenthold Huizenga (MI) Wilson (FL) Carney Fattah Hultgren Johnson, E. B. Schakowsky rules previously postponed. Carson (IN) Fincher Hunter Larsen (WA) Serrano Votes will be taken in the following Carter Fitzpatrick Hurt order: Cassidy Fleischmann Israel ANSWERED ‘‘PRESENT’’—1 Castor (FL) Fleming Issa Johnson (GA) H.R. 668, by the yeas and nays; Castro (TX) Flores Jeffries H.R. 338, by the yeas and nays; Chabot Forbes Jenkins NOT VOTING—10 The first electronic vote will be con- Chaffetz Fortenberry Johnson (OH) ducted as a 15-minute vote. The second Chu Foster Johnson, Sam Coble Lynch Rush Cicilline Foxx Jones Davis (CA) Maloney, Sires electronic vote will be conducted as a Clarke Frankel (FL) Jordan Grijalva Carolyn Young (AK) 5-minute vote. Clay Franks (AZ) Joyce Hinojosa McIntyre

VerDate Sep 11 2014 13:49 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR13\H05MR3.000 H05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD March 5, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 2343 b 1428 Edwards King (IA) Peters (CA) Van Hollen Wasserman Wilson (FL) Ellison King (NY) Peters (MI) Vargas Schultz Wilson (SC) Messrs. GUTIERREZ and COHEN Ellmers Kingston Peterson Veasey Waters Wittman changed their vote from ‘‘yea’’ to Engel Kinzinger (IL) Petri Vela Watt Wolf Enyart Kirkpatrick Pingree (ME) Vela´ zquez Waxman Womack ‘‘nay.’’ Eshoo Kline Pittenger Weber (TX) So (two-thirds being in the affirma- Visclosky Woodall Esty Kuster Pitts Wagner Webster (FL) Yarmuth tive) the rules were suspended and the Farenthold Labrador Pocan Walberg Welch Yoder Farr LaMalfa Poe (TX) Wenstrup bill was passed. Walden Yoho Fattah Lamborn Polis Westmoreland Walorski Young (FL) The result of the vote was announced Fincher Lance Pompeo Whitfield Walz Young (IN) as above recorded. Fitzpatrick Langevin Posey Williams Fleischmann Lankford Price (GA) A motion to reconsider was laid on NAYS—5 the table. Fleming Larsen (WA) Price (NC) Flores Larson (CT) Quigley Amash Massie Ribble Stated for: Forbes Latham Rahall Duncan (SC) Radel Mrs. DAVIS of California. Mr. Speaker, on Fortenberry Latta Rangel NOT VOTING—5 rollcall No. 57, had I been present, I would Foster Lee (CA) Reed Foxx Levin Reichert have voted ‘‘yea.’’ Coble McIntyre Young (AK) Frankel (FL) Lewis Renacci Lynch Sires Mr. HINOJOSA. Mr. Speaker, on rollcall No. Franks (AZ) Lipinski Rice (SC) 57, had I been present, I would have voted Frelinghuysen LoBiondo Richmond b 1436 Fudge Loebsack Rigell ‘‘yea.’’ Gabbard Lofgren Roby So (two-thirds being in the affirma- f Gallego Long Roe (TN) tive) the rules were suspended and the Garamendi Lowenthal Rogers (AL) Garcia Lowey Rogers (KY) bill was passed. STOP TOBACCO SMUGGLING IN Gardner Lucas Rogers (MI) The result of the vote was announced THE TERRITORIES ACT OF 2013 Garrett Luetkemeyer Rohrabacher as above recorded. Gerlach Lujan Grisham Rokita A motion to reconsider was laid on The SPEAKER pro tempore (Mr. Gibbs (NM) Rooney WOMACK). The unfinished business is Gibson Luja´ n, Ben Ray Ros-Lehtinen the table. the vote on the motion to suspend the Gingrey (GA) (NM) Roskam f rules and pass the bill (H.R. 338) to Gohmert Lummis Ross Goodlatte Maffei Rothfus b 1440 amend title 18, United States Code, to Gosar Maloney, Roybal-Allard include certain territories and posses- Gowdy Carolyn Royce MORE MONEY FOR PAKISTAN, sions of the United States in the defini- Granger Maloney, Sean Ruiz Graves (GA) Marchant Runyan LESS FOR SCHOOLS tion of State for the purposes of chap- Graves (MO) Marino Ruppersberger (Mr. POE of Texas asked and was ter 114, relating to trafficking in con- Grayson Markey Rush given permission to address the House traband cigarettes and smokeless to- Green, Al Matheson Ryan (OH) Green, Gene Matsui Ryan (WI) for 1 minute.) bacco, on which the yeas and nays were Griffin (AR) McCarthy (CA) Salmon Mr. POE of Texas. Madam Speaker, ordered. Griffith (VA) McCarthy (NY) Sa´ nchez, Linda the President’s sequester has gone into The Clerk read the title of the bill. Grijalva McCaul T. effect and, according to the White The SPEAKER pro tempore. The Grimm McClintock Sanchez, Loretta Guthrie McCollum Sarbanes House, the sky is falling. The adminis- question is on the motion offered by Gutierrez McDermott Scalise tration is on a tour de fear with the the gentleman from Virginia (Mr. Hahn McGovern Schakowsky American people, yet it has the power GOODLATTE) that the House suspend Hall McHenry Schiff Hanabusa McKeon Schneider to prioritize spending. the rules and pass the bill. Hanna McKinley Schock Who made the priority list? Paki- This is a 5-minute vote. Harper McMorris Schrader stan. That’s right, Madam Speaker. In The vote was taken by electronic de- Harris Rodgers Schwartz the midst of doom and gloom of seques- vice, and there were—yeas 421, nays 5, Hartzler McNerney Schweikert Hastings (FL) Meadows Scott (VA) tration, the administration is quietly not voting 5, as follows: Hastings (WA) Meehan Scott, Austin shelling out an additional $37 million [Roll No. 58] Heck (NV) Meeks Scott, David Heck (WA) Meng Sensenbrenner to Pakistan. That’s over half of the $67 YEAS—421 Hensarling Messer Serrano million being cut from public edu- Aderholt Brownley (CA) Connolly Herrera Beutler Mica Sessions cation in Texas. Alexander Buchanan Conyers Higgins Michaud Sewell (AL) Amodei Bucshon Cook Himes Miller (FL) Shea-Porter Pakistan is the Benedict Arnold na- Andrews Burgess Cooper Hinojosa Miller (MI) Sherman tion in the list of countries we call al- Bachmann Bustos Costa Holding Miller, Gary Shimkus lies. Pakistani leaders are continuing Bachus Butterfield Cotton Holt Miller, George Shuster to vilify the United States on one hand Barber Calvert Courtney Honda Moore Simpson Barletta Camp Cramer Horsford Moran Sinema and, with the sleight of hand, take our Barr Campbell Crawford Hoyer Mullin Slaughter money—money I believe ends up in the Barrow (GA) Cantor Crenshaw Hudson Mulvaney Smith (NE) hands of radical extremists. Pakistan Barton Capito Crowley Huelskamp Murphy (FL) Smith (NJ) Bass Capps Cuellar Huffman Murphy (PA) Smith (TX) plays the game of dangerous, dishonest Beatty Capuano Culberson Huizenga (MI) Nadler Smith (WA) deceit by pretending to be our ally in Becerra Ca´ rdenas Cummings Hultgren Napolitano Southerland the war on terror while simultaneously Benishek Carney Daines Hunter Neal Speier giving a wink and a nod to extremism. Bentivolio Carson (IN) Davis (CA) Hurt Negrete McLeod Stewart Bera (CA) Carter Davis, Danny Israel Neugebauer Stivers Mr. President, fund our schools, not a Bilirakis Cartwright Davis, Rodney Issa Noem Stockman disloyal ally. Bishop (GA) Cassidy DeFazio Jackson Lee Nolan Stutzman And that’s just the way it is. Bishop (NY) Castor (FL) DeGette Jeffries Nugent Swalwell (CA) Bishop (UT) Castro (TX) Delaney Jenkins Nunes Takano f Black Chabot DeLauro Johnson (GA) Nunnelee Terry Blackburn Chaffetz DelBene Johnson (OH) O’Rourke Thompson (CA) MINIMUM WAGE Blumenauer Chu Denham Johnson, E. B. Olson Thompson (MS) Bonamici Cicilline Dent Johnson, Sam Owens Thompson (PA) (Ms. DELAURO asked and was given Bonner Clarke DeSantis Jones Palazzo Thornberry permission to address the House for 1 Boustany Clay DesJarlais Jordan Pallone Tiberi minute and to revise and extend her re- Brady (PA) Cleaver Deutch Joyce Pascrell Tierney Brady (TX) Clyburn Diaz-Balart Kaptur Pastor (AZ) Tipton marks.) Braley (IA) Coffman Dingell Keating Paulsen Titus Ms. DELAURO. I rise in strong sup- Bridenstine Cohen Doggett Kelly Payne Tonko port of the Fair Minimum Wage Act, Brooks (AL) Cole Doyle Kennedy Pearce Tsongas introduced by Congressman GEORGE Brooks (IN) Collins (GA) Duckworth Kildee Pelosi Turner Broun (GA) Collins (NY) Duffy Kilmer Perlmutter Upton MILLER, which will raise the minimum Brown (FL) Conaway Duncan (TN) Kind Perry Valadao wage over 3 years to $10.10 per hour and

VerDate Sep 11 2014 13:49 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR13\H05MR3.000 H05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2344 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 March 5, 2013 then index the wage to inflation. It is quester, this totally engineered crisis energy independence. Other forms of long past time to get this done. that did not need to happen. We’re al- clean energy hold the same promise. The minimum wage in America used ready beginning to feel the impacts of Madam Speaker, it’s time to get seri- to be equal to about half of average sequestration. ous about climate change and clean en- wages. Today, at $7.25 an hour, it is My home State of North Carolina ergy job creation. Importing dirty, ex- barely a third. The purchasing power of hosts the third largest military popu- pensive tar sands fuel is the wrong way the minimum wage has been dropping lation in the country. Coast Guard Sta- to do that. steadily since 1968. If the minimum tion Elizabeth City, Seymour Johnson f wage kept up with inflation over the Air Force Base, and Cherry Point Ma- b 1450 last 40 years, it would be at $10.55 an rine Corps Air Station are integral hour. parts of their local communities and HOUSE GOP DOCTORS CAUCUS This failure to keep pace particularly also help to form the backbone of our The SPEAKER pro tempore (Mrs. hurts women, who make up nearly two national defense. WALORSKI). Under the Speaker’s an- out of three workers making the min- The sequester has already impacted nounced policy of January 3, 2013, the imum wage. At that rate, a year of the Coast Guard, with air operations gentleman from Georgia (Mr. GINGREY) full-time work comes out to $14,500 a being cut by 11 percent and maritime is recognized for 60 minutes as the des- year. For a mom with two kids, it’s operations cut by 24 percent. These ignee of the majority leader. over $3,000 below the poverty line. For cuts have reduced maritime safety and Mr. GINGREY of Georgia. Madam tipped workers, the situation is even security in the waters off of our coast- Speaker, I thank the majority leader worse. They make only $2.13 an hour. line. for yielding this time to discuss an ex- Low minimum wage is not just bad Furlough notices have already gone tremely important issue facing the pa- for workers. It’s bad for business and out to thousands of civilian employees tients in this great country of ours the economy. Low wages limit con- at Fleet Readiness Center, where main- that are going to have a very difficult sumer demand, which stalls our coun- tenance is conducted on Navy and Ma- time in finding a physician. try’s economic growth. It hurts every- rine Corps aircraft. The furlough Madam Speaker, in March of 2010, one. Raising the minimum wage would amounts to a loss of $81 million. when the so-called Affordable Care Act, not just mean a raise for 21 million The 848 employees at Butner Federal or PPACA, was passed into law, the workers, it would create 140,000 new Correctional Center, located in my dis- purpose, of course, was to increase ac- jobs and boost our GDP by $33 billion. trict, received furlough notices and cess to physicians for all patients We’ve waited long enough. It’s time will lose up to 10 percent of their sala- across this country and also to bring to make sure all our workers make a ries because of sequestration. down the cost of health care. Well, decent pay for a hard day’s work. I The impacts of the sequester are al- we’re 2 years into this bill—which will urge my colleagues to pass this legisla- ready being felt in Martin County, become fully effective in January tion. where the public school system has lost 2014—and what are we seeing? f $400,000. This means that teachers are Madam Speaker, the CBO reported stretched even thinner and are forced just recently that some 7 million peo- MINNETONKA GIRLS HOCKEY WINS to do more with significantly less. ple have actually lost their health in- STATE TITLE Madam Speaker, we need to rethink surance, the health insurance provided (Mr. PAULSEN asked and was given the sequester. by their employer. For those who do permission to address the House for 1 f still have health insurance—particu- minute and to revise and extend his re- larly those who get it maybe not from marks.) TIME TO GET SERIOUS ABOUT their employer but from the individual Mr. PAULSEN. Madam Speaker, I CLIMATE CHANGE market, a small group policy—the cost want to congratulate the Minnetonka (Mr. HUFFMAN asked and was given has actually increased some $2,500 a High School girls hockey team who re- permission to address the House for 1 year instead of coming down, as antici- cently won the Minnesota State High minute.) pated and predicted and promised, in School Hockey Tournament, the first Mr. HUFFMAN. Madam Speaker, last fact, by President Obama, but that just girls hockey team to win three con- week, in a Friday afternoon announce- absolutely is not happening. secutive State championships. ment designed to bury the news, the So what we’re going to be talking The path to achieving greatness is State Department released a very trou- about, Madam Speaker, is, again, what never uncontested, as the girls found bling supplemental environmental doc- needs to be done to correct this situa- out. The night before the champion- ument regarding the Keystone XL pipe- tion. Because the thing that was never ship, Madam Speaker, the Minnetonka line, a project that would undo the really discussed to my satisfaction girls played Lakeville North in a 4- progress our country has been making when this bill was crafted was, how are hour, 17-minute marathon semifinal in recent years in showing leadership you going to get the best and the game that finally ended in a on climate change, in reducing gas brightest young men and women in Minnetonka win after a goal from Amy emissions and transitioning to a clean this country to continue to go into the Peterson in the sixth overtime period. energy economy. field of medicine, to become the doc- The hard work of this impressive Unfortunately, environmental pro- tors—particularly in primary care, in- team exemplifies what it means to be tection seems to be a ‘‘foreign’’ policy ternal medicine, and the pediatri- great student athletes who excel both to our State Department. But even this cians—to provide that care when the on the ice and in the classroom. All the pro-industry report cannot gloss over reimbursement system under Medicare, players and their coaches deserve great the fact that Keystone XL would called the sustainable growth rate, praise for their determination this sea- unlock development of some of the year after year after year for the last 6 son. It’s an honor to represent, and rec- dirtiest, most climate-damaging fuel or 8 years we have actually cut the in- ognize, such all-star athletes. on Earth, and it would lock the United come to the providers, to the point, Congratulations, and go Skippers. States into deeper dependence on ex- Madam Speaker, where they can’t pro- f pensive tar sands fuel that would take vide this care, they can’t even break this country in the wrong direction for even? So this is what we’re going to be RETHINK THE SEQUESTER our environment and our economy. talking about, this flawed sustainable (Mr. BUTTERFIELD asked and was Just this morning in the Sub- growth system. It has certainly con- given permission to address the House committee on Energy and Mineral Re- tributed to the physician shortage cri- for 1 minute.) sources, we heard about the enormous sis that we see today. Mr. BUTTERFIELD. Madam Speak- potential for wind energy to generate Now, I have a number of slides that I er, we are merely 5 days into the se- jobs and also cost-effectively improve want to present to my colleagues, and

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we’ll go with some specifics on that. Medicare, and so we’ve put a formula tor, as Dr. GINGREY did for his patients, But I’m very pleased to be joined today together to only spend this much for many, many years. That would be in this House with the cochair of the money. If we spend less than that the only doctor that they would see. House GOP Doctors Caucus, my good money, that will go as a savings. If we But that’s getting harder for our pa- friend and fellow physician Member spend more than that much money, tients to do. And Dr. GINGREY, that’s from Tennessee, Dr. PHIL ROE, and I then we will cut the doctors and the my primary concern—access for seniors yield to Dr. ROE at this point. providers that amount of money to to their doctors. Mr. ROE of Tennessee. Dr. GINGREY, make that line balance. Mr. GINGREY of Georgia. Dr. ROE, if thank you, and it’s good to see you Mr. GINGREY of Georgia. Dr. ROE, if you will yield for just a second and moving your arm well and recovering you would yield just for a second, I then I will return to you, again, I want- from your surgery so well. wanted to point out to my colleagues ed to point out to our colleagues that I think the question that comes up, and to Dr. ROE the poster that we have this poster, this slide that’s on the and Dr. GINGREY and other Members before us. Because this is exactly what easel before us is exactly what the gen- and I have discussed this, when I got the good doctor is talking about right tleman from Tennessee is talking here—and I’ve been here 4 years, and now in regard to what’s been going on about in regard to shortage of primary Dr. GINGREY came a couple terms be- since the year 2000. Dr. ROE, you may care physicians. And as he pointed out, fore I did—we did this for a reason be- want to refer to this slide. primary care is a family practitioner, cause we wanted to impact the health I yield to the gentleman. is a general internist—of course pedia- care system in our country. The prob- Mr. ROE of Tennessee. Well, the par- tricians provide primary care to our lem with the health care system in our ticular slide that Dr. GINGREY has children. But so many of these doctors country was that costs were exploding. down there is very telling. Basically are the very ones that take the Medi- If you look, as he pointed out, the Af- what it says is that each year that care, take the Medicaid, take the fordable Care Act has been anything we’ve recalculated what our physicians SCHIP, the State Health Insurance but affordable. It’s suggested that by will be paid, we haven’t met those Program for children. They see them. 2016 the average family of four, when metrics, which means that we have to b 1500 you have to buy an essential benefits cut. And what Dr. ROE is referring to, be- package—which the government will Well, what has Congress done? Well, fore I yield back to him, on this poster determine what that is—will cost a Congress has realized that what we’re it shows in the dark blue the areas of family of four $20,000. That’s unbeliev- talking about is not payments to doc- these States, several States, including able when you think that the per cap- tors; what we’re talking about is access my own of Georgia—Tennessee is not ita income in my district is $33,000. So to care for patients. What happens is if quite as bad—but in my State of Geor- I think we’re at a point or we’re going you go back to 2003—I think it was gia, there are anywhere from 145 to 508 to be at a point where no one can af- 2003—when there was a 5 percent cut in areas of the State of Georgia where ford it. Medicare payments, we realized at that there are an insufficient number of Well, what Dr. GINGREY is men- point right there that if you continue doctors to take care of these folks. tioning in the SGR, sustainable growth to do that, that access would be lost. Tennessee is a little bit better. There rate, what is that? What does that So let’s fast forward to 2013, what are only 67 to 99 areas. But all of this mean, and why should I care if I’m a we’re just facing. Doctors were facing a blue are critical areas, are they not, INGREY senior? And Dr. G and I both 26.5 percent cut, the providers were. Dr. ROE? And I yield back to you. have Medicare as our primary source of Mr. GINGREY of Georgia. Dr. ROE, Mr. ROE of Tennessee. That is cor- insurance. Well, Medicare started back that would be right here. rect. And so much so that in Cali- in 1965, a great program for seniors who Mr. ROE of Tennessee. That’s cor- fornia, what they’re recommending, I did not have access to care. It met a rect, that number right there. That don’t know whether they’ve carried it great need there and has met a great was avoided by a 1-year so-called ‘‘doc out or not, but they’ve recommended need since then. It started as a $3 bil- fix.’’ expanding the definition of ‘‘primary lion program. The estimates were from What has happened over the last 15 or care’’ to a lower-level provider, that the government estimators that in 25 so, 16 now, years is that the Ways and would be a nurse or nurse practitioner years this program would be a $12 bil- Means Committee line—now law—says or PA or this sort of thing, this sort of lion program—we don’t do millions we have to spend this much money, but designation. here, billions—and the real number in we’ve actually spent this much. That is I think the other thing, Dr. GINGREY, 1990, Madam Speaker, was $110 billion a deficit in spending that we’ve got to that we haven’t talked about, and we instead of $12 billion. They missed it make up somewhere in our budget or probably should spend some time on, is almost 10 times. add it to the budget deficit. the age of our practitioners. In our So there have been various schemes Now, I go back to when I was in prac- State of Tennessee—where you see that throughout this time in which to con- tice just 5 years ago now in Johnson we’re not quite as dire in need as Geor- trol the cost, always by reducing the City, Tennessee. Dr. GINGREY, I don’t gia, our friends to the south—the prob- payments to providers. And who are know about you, but I was having a lem with it is that 45 percent of our providers? Well, those are the folks harder and harder time finding primary practicing physicians in the State of who take care of us when we go to the care access for my patients that I had Tennessee are over 50 years of age. I’m doctor’s office—nurse practitioners, it operated on, or maybe someone who concerned that with the advent of the may be a chiropractor, it could be a po- had been my patient for 30 years—if Affordable Care Act, the complexity of diatrist, and it can be your hospital. So she was 40 years old when I started tak- that, the frustration that I see when I when you say providers, those are the ing care of her, in 30 years she’s 70 go out and talk to our providers is that folks and institutions that care for us years old and needed a primary care I’m afraid that many of them are going when we’re ill. doctor. That was getting harder and to punch the button for the door. So in 1997, the Ways and Means Com- harder and harder to do. I know in my own practice, where we mittee brought together something Now, when you look at today’s young have now about 100 primary care pro- called the Budget Control Act. This is medical students, we’re having a much viders in my program, in my OB/GYN a very complex formula based on how harder time convincing these young group, in the last several years we’ve you’re going to pay doctors—their zip people to go into primary care. What is had over 120 years of experience walk code, where they live, the cost of an of- primary care? Well, it’s pediatrics. If out the door and retire. That’s not a fice, the humidity in the air—I know you want someone to take care of your good thing for the American health it’s an incredibly complicated scheme baby, it’s family medicine. It’s also in- care system that just lost access. Quite to pay doctors. The idea is this: We ternal medicine and also OB/GYN. I frankly, the crux of it all is that ac- have this much money to spend in certainly served as a primary care doc- cess. If you do not have access, you will

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So under Medi- the gentleman, because what the gen- Again, since coming to Congress more care Advantage, there would be a nurse tleman from Tennessee is talking than 6 years ago, doctors in my district maybe in the doctor’s office who within about is having an insurance card, a have consistently stressed the just a few days of that encounter would health insurance card—and indeed even unsustainability of the SGR and how it call the patient to make sure that he having a Medicare card—does you very impedes them from developing long- or she could afford to get those pre- little good if you have to spend 2 hours term business models. scriptions filled and they were taking going through the Yellow Pages trying Each year, Congress has imple- them in the right way. That’s what the to find some physician, primary care mented, of course, a temporary stopgap word ‘‘Advantage’’ was all about, Medi- doctor in your area that you wouldn’t measure to avert the payment cliff, but care Advantage, rather than just a tra- have to get in your car and drive 50 the doctors have to have certainty. ditional fee-for-service Medicare. miles—if you could even drive. If you Again, we have a shortage of doctors in But this new law created 2 years ago, don’t have that access, then you don’t the State of Florida, and it’s only and will go into full effect in January, have anything. going to get worse. We must repeal this 2014, literately gutted that Medicare So here again, this bill, this massive SGR and replace it. It has led to uncer- Advantage part, did it not, Representa- bill was passed 2 years ago at the cost tainty for medical providers, again, as tive BILIRAKIS? It cut that program 12 of almost $1 trillion. Unfortunately, a I said, which threatens patient care. to 14 percent. I mean, it’s just literally lot of that money was taken out of Again, access to care is what it’s all gutted. I’m talking about $130 billion Medicare to create this new entitle- about. I’m glad that the chairman of was taken out of that one program. ment program, if you will, for younger the Energy and Commerce Committee, b 1510 people so that they can have health in- of course, Chairman UPTON, has made So now seniors that were on Medi- surance. But what we’ve done is we’ve this a top priority in fixing, again, the care Advantage are having to look for just made the crisis in the Medicare SGR. new doctors, look for new programs, system that much more difficult. Again, not only is the uncertainty try to again go through those Yellow What Dr. ROE was talking about, col- associated with reimbursement rates Pages and find somebody that will see leagues, is in regard to not just a impacting physician practices; it also their momma who’s been going to this shortage of the physicians, but what impacts how the Centers for Medicare other group for years and is totally happens in the waiting rooms all across and Medicaid Services plans to update Medicare Advantage rates for 2014. satisfied. our country. This slide shows the num- When the President said to the Amer- That’s a huge issue. I know that the ber of primary care physicians per 1,000 ican public, If you like the health in- seniors in my district love their Medi- population, the number of primary care surance plan you have, don’t worry, care Advantage. Even though, year physicians per 1,000 population. you can keep it; you will not lose it, Now, we’ve already gone over, we’re after year, Congress has not only al- that just wasn’t true. I don’t think he talking about, again, general internists lowed the devastating SGR cuts to deliberately told an untruth, but it and family practitioners, primarily, take effect, CMS is assuming these clearly is not true. And as I said at the and pediatricians for SCHIP and Med- cuts will take place as it determines outset of this hour, some 7 million peo- icaid. If you look at that map across the Medicare Advantage adjustment. ple have already lost insurance pro- the country, again, look at my State of So in other words, we always fix it at vided by their employer, and many Georgia in the deep red, and there are the end of the year, but they’re assum- more of these people that were getting several States, Texas, Oklahoma, Mis- ing that the cuts will take place. I their Medicare through the Advantage sissippi, Alabama, Utah, Nevada and worry this will result in reduced bene- program, they have lost that through Idaho in the West where the number of fits and increased premiums for the no choice, Madam Speaker, of their primary care physicians per 1,000 of the many seniors who like—really love— own. They have been forced out of population is fewer than one. So less their Medicare Advantage. those programs. Mr. GINGREY of Georgia. If the gen- than one doctor per 1,000 people that I yield back to my colleague, and we tleman would yield, I want to thank need that care. Many other States, in- will continue this colloquy. cluding Tennessee, it is somewhere be- the gentleman from Florida because Mr. BILIRAKIS. I couldn’t have said what he is addressing right now goes tween one and 1.2. Now, I don’t know it better myself, Dr. GINGREY. how you get 1.2 physicians. I don’t back to the creation of this law, the Again, I have constituents in Florida, know exactly what that provider looks Affordable Care Act, PPACA—some- and it’s above 20 percent in my district like. But you know how that math is times referred to as ObamaCare—where and closer to 40 percent, who have cho- calculated. Clearly, the shortage is money was taken out of the Medicare sen Medicare Advantage. acute, and it’s only going to get worse program, the existing Medicare pro- It’s all about choices, as far as I’m and worse. gram, which is already strained almost concerned. If I want to get hearing With that, I want to yield to one of to the bursting point, and the Medicare aids, if I want to get a gym member- my good colleagues, good friends on Advantage program. Probably 20 per- ship or eyeglasses, I should have the the Energy and Commerce Committee cent of Medicare recipients select that choice to choose my plan. It works so whose father actually was the chair- model because it gives them more bang very well in our area, and we want to man of the Health Subcommittee of for the buck. It gives them more cov- continue to give seniors that choice. the Energy and Commerce Committee erage, and it includes things—and the I want to thank you guys. for many, many years before he retired gentleman from Florida knows this, My father, as you referenced, worked and his son took his place, and now the and this is what he is referencing—it so many years to fix this SGR, and I’m gentleman from Florida, GUS BILI- includes more than just an annual very proud now to serve on the Health RAKIS, is serving on that Health Sub- physical when you turn 65. It includes Committee to contribute. committee with me on Energy and more than being able to go to see a But I appreciate the two doctors here Commerce. doctor and have it reimbursed under and all the doctors who have really I yield to Representative BILIRAKIS. Medicare when you have an episode of sacrificed to run for Congress and do Mr. BILIRAKIS. Thank you, I appre- illness. what’s good for our people, patients. ciate it, Dr. GINGREY. Thank you, Dr. There is a strong emphasis on Medi- Treating patients is what it’s all about. ROE, I appreciate it. Thanks for bring- care Advantage to wellness. Let’s say So thank you very much for allowing ing up and sponsoring this Special you do go and see the doctor because of me to participate.

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Mr. GINGREY of Georgia. I thank hitting Medicare age. That’s 31⁄2 mil- But I just recently had rotator cuff the gentleman from Florida and I lion people this year that are going to surgery back home in Marietta, Geor- thank his dad, Representative Mike be Medicare age. These are new people gia. Madam Speaker, I was blessed with Bilirakis, Madam Speaker, who served on the plan with less money. And if we a great physician who did a wonderful in this body for so many years with have more people and we’re not pro- job and has a fabulous staff, but going distinction. I hope that he is enjoying ducing more doctors, do the math. In 10 through the process of doing the paper- a happy and healthy retirement in the years, we’re going to have 35-plus more work, I bet I filled out the exact same Sunshine State. And I hope he’s able to people on Medicare, and who is going form four different times. That was find care, but I bet you it’s not under to care for those people? wasting my time and that was wasting Medicare Advantage, as his son just Another thing I want to bring up is their time. Of course, what they want told us. that we’re not just talking about how to make sure is that no mistakes are At this point, I would like to yield doctors are paid. We’re talking about made. Obviously, they want to make back to the gentleman from Tennessee increasing quality. One of the measures sure they operate on the correct arm. (Mr. ROE). we’re going to look at when we look at So I understand why, and I’m sure Mr. ROE of Tennessee. I thank you. the new payment formula—right now many of you, your parents, your grand- And thank you, Mr. BILIRAKIS, for the way you and I were paid when we parents, and you yourselves, my col- being here. I appreciate your leadership were in practice was a patient came in leagues, as patients have gone through on the committee, too. and you got a fee for that visit. That’s all of that. Why should I be concerned about called fee-for-service medicine. That’s But what Dr. ROE is talking about— this, and what experience do I have to going to change. We’re going to look at and I will yield back to him—elec- say that if this is not fixed it will af- quality outcomes and measures. I’ll tronic records are indeed, in my opin- fect access and quality? I’ve had, I give you an example about why that’s ion, the wave of the future. Honestly, I guess I could say, the misfortune in important. Tennessee of going through health care believe if we had concentrated on that One percent of our Medicare recipi- 2 years ago to make sure that it was reform 20 years ago. ents use 20 percent of all Medicare dol- fully implemented so that duplication What happened? What happened was lars, so we have to look at how we of testing, unnecessary procedures, we had a large group of people in our manage the care of those patients bet- maybe medications prescribed to which State who didn’t have access to qual- ter. For instance, with congestive the patient had a dangerous allergy, ity, affordable health care. We re- heart failure, when someone leaves the you really do ultimately save lives and formed our Medicaid program and hospital, we know that certain metrics save money by having an electronic opened it up. We had an open enroll- are taking place: weights are taken medical record system. ment time where we were going to have every day, blood pressure and so on. If The other thing is if we had had med- these various plans compete against you check in with a provider, you can ical liability reform. The President each other. It was very much like the prevent rehospitalizations and save promised that before this ObamaCare public option I heard discussed during tremendous morbidity, mortality, and the debates 4 years ago. cost. It also increases the quality of bill of 2,700 pages was put into law, but What happened? What happened to us life that patient has and the quality of there was nothing in there about med- was that our costs tripled in 10 years in care they receive. So doctors are going ical liability reform. that plan. It went up three times. And to be evaluated on the kind of out- Here again, those were two things, you can already see in the Affordable comes we have and the quality of care and I think the gentleman from Ten- Care Act, even before it’s been fully we provide our patients, which we all nessee would agree with me on that. implemented, the estimates of costs agree should be done. I just wanted to interject my have already doubled. The costs to pa- I think coordinating care, hopefully, thoughts about electronic medical tients are going up and the costs to with better electronic records—and I records, and I yield back to the gen- businesses are going up. It didn’t do could spend an hour talking about tleman. what it had to do to really help solve that. If we have a coordinated elec- Mr. ROE of Tennessee. I had the mis- the problem, which is lower the cost, tronic system where, when you order a fortune of going from paper to an elec- bend the cost curve down. It did not do test at your office or the hospital, we tronic record. I was in the process, at that. have access to it so that test is not re- our practice, of converting. It’s a very When we saw those costs go up, what peated and duplicated, that will make difficult conversion. I think if you did we do? We started cutting our pro- a huge difference in cost. started with just an electronic medical viders, and we cut our providers and we I just had a duplicated test, myself, record, it would be much easier than cut our hospitals and our doctors and done. You may have, too, when you had transferring tens of thousands of pa- our nurse anesthetists and our nurse your procedure. I had a surgical proce- tient charts to an EMR. But when you practitioners and PAs and so forth. dure done 2 weeks ago this last Mon- start from scratch, it’s a little easier. Guess what happened? Access got cut day, and there was some testing on my- Certainly I think the electronic off. They stopped seeing those patients. self that really didn’t have to be done. ePrescribe, which I like, I didn’t have Now, our practice where we were, we, But because of various rules and regu- the pharmacist call me and tell—I as an obstetrician as you were, we took lations and the inability to get that in- can’t believe he couldn’t read my pre- everyone, because pregnancy is one of formation easily, it was easier to re- scription. Anyway, they claimed they those conditions where you either are peat it and pay for it than it was to go couldn’t, and this solves that problem. or you’re not. We felt like if those folks find it. I think that happens to 300 mil- b 1520 needed care, we kept seeing those crit- lion people. Actually, it is 47 million of ical-care patients like that. But many us who get Medicare now. We need to I think there are some disadvantages elective-type things—orthopedics and do that, better coordinate that infor- to it, but overall, I think it is the wave dermatology and those kinds of mation with sharing and transparency. of the future. I think you are correct. things—got cut off, and people would Mr. GINGREY of Georgia. If the gen- I’m going to bring up something now have to drive hours to see a specialist. tleman will yield for just a second, I about: let’s say we go ahead and we do So I saw access get denied in that want to weigh in on that issue of elec- fix the SGR payment that’s based on system when the cost of the whole sys- tronic medical records. quality and that’s based on outcomes tem went up to where no longer the I’m normally, as the good doctor and transparency, on hospital re-ad- State could afford it. I’ve seen that from Tennessee knows, walking around missions, and so forth—on all those happen. That’s why patients should be here in a sling, as I have been for the metrics we’ve talked about to better worried. last couple of weeks. Madam Speaker, I serve our patients. There will still be Dr. GINGREY, you and I know these probably should have it on right now, fee-for-service. I’m sure, Dr. GINGREY, numbers. We have 10,000 people a day but I’m resting my arm on the podium. you’re a rural Georgia Representative

VerDate Sep 11 2014 13:49 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR13\H05MR3.000 H05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2348 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 March 5, 2013 as I’m a rural east Tennessee Rep- would happen is you cut those pro- making a suggestion. They’re telling resentative. I have counties that have viders right there. As you’re seeing up us what has to be done. one doctor, and you can’t do an ac- there, Dr. GINGREY, I can tell you that, The question I wanted to ask of Dr. countable care organization—or all of as to the access to care, that entire ROE, Madam Speaker, was: when this these things—in a small, rural county. map of the United States right there case went before the Supreme Court, So fee-for-service medicine will still be would be a bright red because you questioning the constitutionality of there for those patients so they can would not have the providers to take the law and saying that if a Governor have access in small, rural counties care of those patients. of a State, like the Governor of Geor- and don’t have to drive long distances. That is a tremendous concern for me gia, Governor Nathan Deal—an 18-year Let’s say we do all of this wonderful because it is current law. This year, Member of this body, by the way— stuff and that we fix this payment those 15 bureaucrats are supposed to be makes a decision not to expand Med- model and that it all looks good. The nominated by the President. What hap- icaid because the State can’t afford it Affordable Care Act has in it one little pens if he doesn’t nominate those 15 as the State’s already going broke on thing called the Independent Payment people? One person—that’s the HHS the current Medicaid program, is it Advisory Board. This Independent Pay- Secretary, Secretary Sebelius—makes constitutional for the Federal Govern- ment Advisory Board trumps what we those decisions and recommendations. ment to say, If you won’t expand the just did—all of the things that you’re I hear it all the time. I go on the talk Medicaid program, we’re going to make going to do in your Energy and Com- shows like you do, and they say, Well, sure that you can’t participate at all merce. Also, thank you very much for in the bill right here, it says that you and that all of your current recipients what you’re doing on that. As to all of cannot ration care. That’s true. This of Medicaid in the State of Georgia are these cuts that you see right here, let board can’t ration care. What they can out on the street? me just give you the data. do is just not pay the providers. In 2017, That was a question that was asked Mr. GINGREY of Georgia. The top of I think, or in 2018, the hospitals are in- of the Supreme Court as well as: was it the green line is where we in the Con- cluded in this. They’re not included constitutional to force people to en- gress mitigated these cuts because we first, but they will be in 5 short years. gage in health care if they didn’t want can do that. That’s what it says in the Mr. GINGREY of Georgia. Dr. ROE, to, if they did not want to purchase Constitution, that we’re in charge of what will happen in reference to this health insurance? Now, I’m not recom- the purse strings. So, when there is a slide right here—if you look at these mending that they don’t; but the ques- recommendation, as Dr. ROE is refer- blue areas, these States that have the tion before the Supremes was: is it con- ring to, Madam Speaker, of the cuts in acute shortage areas, like Georgia and stitutional under the Commerce Clause the pink—below the line, from 2001 to Florida—is that this whole map of the to make people engage in commerce if 2012, there is almost every year a 5 per- United States will be blue. they don’t want to do it? The Supremes cent, 3 percent, 4 percent, 10 percent— Mr. ROE of Tennessee. That is cor- said, in a very pained, strained, pretzel- then in the aggregate, that number rect, Dr. GINGREY. like decision, that that was constitu- just keeps getting bigger and bigger. Unless you are very deeply buried tional. What Dr. ROE is about to explain to into this—meaning, if you’re a Medi- Dr. ROE, do you know whether or not us is how we were heretofore able to care recipient out there today—you this question about IPAB was ad- mitigate, which is by making these don’t see this. I go home, and I see my dressed by the Supremes: is it constitu- changes above the line and by saying, physician friends and talk to my tional or not? I’m not sure. I’m think- no, we’re not going to cut the doctors friends who are on Medicare. They ing it wasn’t addressed. Would you because we know, if we do that, they don’t know this has happened or that it speak to that. won’t be there, that they won’t be could potentially happen to them, but Mr. ROE of Tennessee. That’s cor- there for our parents and our grand- it can and it will, and it is the law rect. parents and ourselves and our children. right now unless we change the law. Mr. ROE of Tennessee. I think cor- I would strongly encourage my col- I had the privilege of being in the rectly the Congress, in its constitu- leagues on both sides of the aisle—and chambers when a good part of this tional authority, has overridden the we have bipartisan support for the ap- health care debate was going on in SGR 15 times since 2002. I think that’s peal of the IPAB—to put that constitu- front of the Supreme Court. It was the the correct data. tional authority back in the hands of first time I’d ever been there. Fas- What this IPAB does in the Afford- the people who are directly responsible cinating. I’d totally misread it. able Care Act—it sets the same metric. and responsive to the American peo- As you pointed out, it was the first It has a very complicated formula, ple—us, the Representatives. Let us time in American history that the Su- which is the same as SGR, and if you make those changes and, the Senate, preme Court said that you had to pur- have expenditures above those projec- the same thing. chase a good or service—even if it’s tions, cuts will be made. There is no ju- Mr. GINGREY of Georgia. I thank good for you, that you had to purchase dicial review, no administrative re- the gentleman, and I want to continue it. We’ve never forced anybody into view, and it takes a 60-vote margin in a colloquy with him and maybe even commerce before like this. As an indi- the Senate to override this. Let me tell ask a question of him. Dr. ROE, Madam vidual, I think you have a right to you how important this is, what Dr. Speaker, explained very clearly how make good decisions and bad decisions. GINGREY just pointed out. that is a section of ObamaCare, a very I agree with you. I think a good deci- Whether you agree with the plan or important section of a group of 15 bu- sion is, if you can afford health insur- don’t agree with the plan, there was a reaucrats appointed by the President. ance coverage, you should purchase it. great article in the New England Jour- In regard to the IPAB, they basically I think there is no question. I have for nal of Medicine, one of our premier can now say from year to year, Well, my family my entire life, and I would medical journals, that was published in the doctors and the hospitals are going recommend it strongly and encourage June of 2011. I would recommend this to be cut so much reimbursement. people to protect themselves in that for anyone to read as it will take you These cuts are going to occur. way. 30 minutes or less. They went back We showed in the first slide how over But does the government have the with the CMS and looked at the last 25 the years Congress has been able to right to do it? years and said, What if we had IPAB mitigate. Read the Constitution. We, This Court said 5–4 that they did. The then? What would it do? In 21 of the 25 the Members of the Congress, control Court also said that they did not have years, cuts would have occurred to pro- the purse strings. So, fortunately, we the right to force States into expand- viders—and I know exactly. Because of were able to make these changes into ing their Medicaid if they did not want what I have seen in Tennessee, I know what was suggested; but this IPAB to, and the IPAB specifically was not exactly what would happen. What board of 15 bureaucrats, they’re not brought up.

VerDate Sep 11 2014 13:49 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR13\H05MR3.000 H05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD March 5, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 2349 I believe it will be challenged and surance. They cover everything. think every Member of this body and should be. No one has standing yet be- They’re totally self-insured, but this every Member of Congress cares about cause it hasn’t gone into effect. In basically is a tax that will go into a seniors and cares about these pro- other words, they haven’t issued any fund to indemnify insurance companies grams. rulings—or the Secretary hasn’t—to so that they won’t have a loss of more But I also, Madam Speaker, have 13 say that I’ve been harmed by that rul- than $60,000 a year, and this is billions grandchildren. I have 13 grandchildren, ing so that, therefore, now I have of dollars when you stretch it across and I want this Medicare program to be standing in the Court and that I can the country. there for them some day, just like it bring a case. And these insurance companies are has been there for Mom all these years. going to not have the loss to encourage So as we talk about these issues, we b 1530 them to accept patients on the ex- would do nothing to harm current re- Mr. GINGREY of Georgia. So you’re change. That’s as wrong as it gets to cipients of Medicare and Social Secu- saying that it’s in the law, but because take a company that is doing every- rity. We used the term, the phrase I it hasn’t been applied yet. And, in fact, thing right, they’re going ahead and guess you’d say, ‘‘hold harmless.’’ Hold indeed, as Dr. ROE pointed out, Madam providing the health insurance cov- harmless. Any changes that we would Speaker, the board, the IPAB board, 15 erage for their employees, and to pe- make, whether it is the payment sys- bureaucrats, have not even—not even nalize them for that. tem to our doctors and our hospitals one of them, their salary has been set, So there are many, many issues in for providing the care, it would not I think they’re scheduled to make the Affordable Care Act we could talk take away any benefit. It would not $150,000 a year and probably have a car about, but I want to basically finish cause our current seniors to have to and a driver and health insurance and my comments on the sustainable pay a higher premium or copay or de- retirement plan, and not too bad a gig growth rate by saying in the past, since ductible. All we’re doing is trying to if you can get it, but not so far I don’t 2001, just so that our viewers out there come up with something that would think any have been appointed. And so will understand this, since 2001, your save the program for them, but, most that’s what Dr. ROE, Madam Speaker, Medicare doctor at home has gotten an importantly, for these youngsters that was referring to when he said there’s average increase in his or her pay- are coming behind us, the next two not standing yet. If you went to the ments when you come see them of 0.29 generations. So that’s what we’re all Supreme Court, they would say the percent per year, 0.29 percent per year. about. case is not ripe. I’m standing here as a When you look at all that graph that My colleague, if he has some more physician trying to sound like an at- Dr. GINGREY has down there and you do comments, I would like to refer back to torney, and I’m going to get myself in all the math, that’s how much of an in- him, the gentleman from Tennessee. a lot of trouble here in a minute, crease. It’s a very minimal increase. It Mr. ROE of Tennessee. Dr. GINGREY, I Madam Speaker, and Dr. ROE explained hasn’t even come near to covering the think one of the things I know you did that very well, but I do agree with him, cost of inflation. and I know one of the things that I did colleagues. I do agree with Dr. ROE So again, Dr. GINGREY, I want to con- was to come here to this body, this that that will be challenged and cer- clude by saying that the major concern great body, to work on the repair of tainly should be struck down. You look I have, and I saw it in my practice, is our health care system and improve on at the Constitution, our fifth and sixth the cost of care, and, number two, ac- it. graders probably could make that deci- cess to care. I’m concerned as our pa- One of the major pieces of our health sion, and it wouldn’t be a 5–4 split deci- tients age and our population ages— care system is our Medicare system. I sion; it would be 9–0. and look, a good thing is happening in cannot tell you the patients I have Mr. ROE of Tennessee. Actually, the America: almost every 10 years we live, seen in my career that have benefited, IPAB board of 15 bureaucrats will we’re adding 3 years to our life expect- whose lives have been helped and saved make $165,000 a year with a 6-year ancy. In 1908, the life expectancy in by the Medicare system and by the doc- term, and they can be appointed twice America was 48 years old, 47–48. In 1922 tors and nurses and hospitals and other to that term. And it’s something, and when my mother was born—and she’s providers who’ve cared for them. You what bothers me about it is, no, it says still living, I might add. She’s living have, too. I’ve operated on them, and in the bill you can’t ration care, but we alone, by herself, doing great. She has I’ve seen them get cardiac care, renal, are the elected representatives. We Medicare. And I’m going to tell my whatever it may be, that has improved should be able to go back home, as mother now that later today I’m going the quality, improved and lengthened Congressman BILIRAKIS said, we should to call her prescription in. She notified the quality of their life, not just to live be able to go back home and face our me today that she needed some medi- longer, but to live better. constituents, and they’re going to say: cine called in, and so I will do that for My goodness, look at the number of Dr. ROE, we have a situation where I her today. I look at her and I think patients that we see of our orthopedic can’t go see my doctor. I can’t go in about her need for access to care, and friends that we have that are mobile, and see them because they aren’t ac- if it’s cut off, what does she do. that are active who’ve had joint re- cepting patients, and they aren’t ac- Mr. GINGREY of Georgia. I thank placements and so forth. Look, if cepting patients because of this par- the gentleman, Madam Speaker. And you’re 80 years old, 75 or 80 years old, ticular board that’s cut their reim- as he talked about his mom, I stand you understand that your life is not bursements enough to where they can’t here thinking about my own mom, going to be that much longer, but you afford to see patients. who’s 95 years old. Her body is getting also want the quality of that life to be Now, another couple of things I want a little frail, but Mom’s mind is per- the absolute best it can be. And it can- to talk about in the Affordable Care fect. Perfect, Madam Speaker. She has not be if you can’t get your knee fixed Act, not just SGR formula effects, but enjoyed the benefit of Medicare and So- if you’re in pain, or your hip fixed if there is a tax out there in the Afford- cial Security for many years. Many you’re in pain. One of the things that I able Care Act that hasn’t been very years. So these legacy programs are think our side of the aisle is committed well discussed, and that tax is on indi- hugely important. They’re hugely im- to, I believe the other side, we may vidual insurance accounts. For in- portant to our side of the aisle. have differences of opinion, but one of stance, there are companies out there Madam Speaker and my colleagues, the things I want to do is to be sure that are self-insured, and they’re going all of this Mediscare stuff, and things that we shore up and save this great to get a bill for each person that has that you get all of this rhetoric about, system of Medicare. insurance. Let’s say a family of four or they don’t care about seniors and I had a meeting today just after five, they’ll get a bill for four or five they’re going to push somebody’s lunch about the Medicare part D pro- people, and one company in particular, grandmother over the cliff in a wheel- gram that was passed by the Repub- this will add—and they have no rein- chair, that’s just a bunch of bull. I licans at some political risk for them.

VerDate Sep 11 2014 13:49 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR13\H05MR3.000 H05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2350 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 March 5, 2013 That’s been a plan that has actually ing about the prescription drug part of prescriptions, and the first thing they come in under-budget. It came in Medicare that we did my first year, say is, Dr. ROE, it’s gone. And you under-budget because seniors are able when I first came here in 2003, the could easily do that. So I want to to go shop and purchase exactly what Medicare Modernization and Prescrip- thank you for your vote. they want that meets their needs. That tion Drug Act. Mr. GINGREY of Georgia. I thank my is exactly what we want to do in the Seniors, for many, many years, have colleague. Medicare system. wanted to be able to get their prescrip- And Madam Speaker, I thank you, And when our budget is published tion drugs covered by Medicare but and I thank the leadership of the Re- next week, we are going to look at a they couldn’t. And of course, when you publican Party for allowing us to bring system where we help fix and save and have to go to the drugstore and get five this information to our colleagues in a sustain Medicare, as you pointed out, prescriptions filled, and most of them, bipartisan way. not only for your mother, who’s 95, and brand name, not generic, some generic, We are all about solving these prob- lems. We talked basically about the my mother who is 90, but for my two maybe, but these brand name drugs are sustainable growth formula, the way grandchildren who are 7 and 9. They so expensive. And so we finally did this we pay doctors for a volume of care. for our seniors. also deserve the same great system, Clearly, we’re going to have to go to Now, we spent what—I don’t know, and we’re going to have to change it; paying for quality of care. We don’t maybe $750 billion—creating that pro- but I think we can make it better. I have time to get into all the details of gram, and we got criticized for it be- really believe it can be more respon- that today, but in the next Special sive. You see what patients do when cause it wasn’t paid for. We didn’t off- Order hour that the Doctors’ Caucus they get Medicare Advantage. You saw set by cutting spending somewhere leads, we’ll get into more details about what they did. There was a little confu- else. And I think maybe that criticism, what we’re going to recommend to our sion, I admit, when Medicare part D under the current system, is legiti- committees, to our leadership, to both first came out. There is no confusion mate. sides of the aisle in regard to solving now. People shop for the best value But really, when you think about it, this program. that meets their needs, and that’s ex- if you scored dynamically, and you re- And with that, I yield back the bal- actly what we should do. alize that if people, seniors, all of a ance of my time. sudden could take their blood pressure Let me give you an example, Dr. f GINGREY. I turned 65 a very short time medicine and not have to worry about ago. What happened to me when I a stroke, could take their diabetes REMOVAL OF NAMES OF MEM- turned 65? Nothing. I got one day older. medicine and not have to worry about BERS AS COSPONSORS OF H.R. Except what happened was I had a plan eventually having renal failure from 423 now that had an alphabet soup—A, B, diabetes or an amputation, in the long Mr. COFFMAN. Madam Speaker, I C, D. run, what I’m saying, Madam Speaker, ask unanimous consent to remove as is this program, Medicare Part D, cosponsors from H.R. 423 the following b 1540 Medicare Advantage, electronic med- representatives: Representative ILEANA The day before I had a health care ical records, if we scored things in the ROS-LEHTINEN, Representative JANICE plan. Why, when you turn 65 years of right way, dynamically, at the end of SCHAKOWSKY, and Representative age, don’t you have a health care plan? the day, 10 years, 20 years, whatever, STEVE STIVERS. And in that health care plan I can pick we’re going to save money because peo- On February 26, 2013, three names out I don’t need fertility coverage at ple are not going to have coronary by- were added as cosponsors that were not age 65, thank you very much. And I pass surgery, they’re not going to have intended to be included. They were think that’s the kind of thing—allow to have these amputations, they’re not meant to be added to another bill I in- seniors to be able to pick what meets going to end up the rest of their lives troduced, H.R. 435. their needs and meets their family’s in a nursing home because they’ve had Their removal is only necessary due needs at that particular point in their a catastrophic stroke that has left to a clerical error on the part of my of- life; not just one-size-fits-all, but what them totally incapacitated. fice, rather than a decision by the four they need. I’m going to yield back to the gen- offices. And seniors have done that. They do tleman from Tennessee to close us out. The SPEAKER pro tempore. Is there it with everything else in their life. Mr. ROE of Tennessee. I have just objection to the request of the gen- There’s no reason it should change one quick statement, Dr. GINGREY. And tleman from Colorado? when you hit 65. You should pick out when you brought this up in 2003—and There was no objection. what plan—just like you and I can do I want to thank you, because I can re- f up here with the Federal Employees member sitting at my desk in my of- HOLLOW IDEOLOGIES Health Benefits plan. There’s no reason fice in 2003 working, and I could take The SPEAKER pro tempore. Under that a senior shouldn’t have exactly this pen right here, and in about a the Speaker’s announced policy of Jan- the same plan. It will be cheaper. It minute or a minute and a half, I could uary 3, 2013, the Chair recognizes the will be a better plan for them, and write two or three prescriptions that gentleman from Iowa (Mr. KING) for 30 that’s one of the things I think we’re might take up a patient’s entire minutes. going to be discussing in the next sev- monthly income. That was the decision Mr. KING of Iowa. Madam Speaker, eral months when the Republican budg- patients were having to have. it’s always my honor to be recognized et is published. And Republicans stepped up to the to speak here on the floor of the United Mr. GINGREY of Georgia. I thank plate, made a very difficult decision. States House of Representatives, and the gentleman. Like you said, maybe we should have I’m privileged to hear from the ‘‘Dr. Madam Speaker, as we get near the some criticism for not having offsets. Phil Show’’ that we’ve just listened to closing of the hour, I wanted to just But seniors out there today don’t have over this past 60 minutes. mention several things. Dr. ROE has al- to make that decision about whether I I have a few things on my mind that luded to these, talking about the Medi- break this pill in half or whether I I’d like to inform you of, Madam care Advantage and what a beneficial don’t take it today or whether I buy Speaker. And I’d start with this: that program that was. Unfortunately, it’s food. sometimes we need to take a look at now been gutted, literally gutted, cut And you ran across that in your prac- the bigger, broader direction that this at least 12 percent, $130 billion, to cre- tice. I mean, I would look in our area, Congress is going and this country is ate this whole new program that we many widows that I would see would going. call PPACA, or ObamaCare. have a $600, $700 a month Social Secu- And one of the things that I’ve Medicare Part D, Madam Speaker, rity check and maybe a $100 or $200 a learned, being involved in the legisla- the gentleman from Tennessee is talk- month pension. And you write three tive process, in fact, back in the Iowa

VerDate Sep 11 2014 13:49 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR13\H05MR3.000 H05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD March 5, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 2351 State Senate some years ago, one of is full and wholesome and identifies I would say this, Madam Speaker: my colleagues said we’re so busy doing our values that are timeless? And are that we have fundamental values, that that which is urgent that we’re not ad- the pillars of American exceptionalism these fundamental values have been dressing those things that are impor- restored with the ideology we carry clear to our Founding Fathers. They tant. And that should frame all the here? And do we strengthen this Nation are rooted in human history. They go things that we do. so that the next generation has the op- back to the time of Adam and Eve. But We should have a long-term plan. We portunities we had or do we just igno- the things that we should keep track of should have a big picture plan, and the rantly wallow through the day-to-day here are those things that our Found- things that we do should fit into that. urgent decisions of Congress without ing Fathers looked at as well, that We should be putting the pieces of the dealing with the broader picture of who being the rule of law is one of the es- jigsaw puzzle together under that we are and, particularly, how we got sential pillars of American broader view. here? exceptionalism. Without it, we can’t be And how does that broader view fit? I look back to the time when I first a great country. Most of the pillars of Our Founding Fathers understood it. ran for office. I was putting together a American exceptionalism are listed in They understood the perspective of his- document that I wanted to hand out to the Bill of Rights. tory. They knew where they stood in my, hopefully, future constituents. I Our Founding Fathers got it right. history, and they acted accordingly. believed that I should put a quote in When they guaranteed us, in the First They understood human nature. They there that sounded wise, and hopefully Amendment, the freedom of speech, re- understood human universals. was wise. ligion, assembly, and the press, all of They watched the continuum of his- As I sat in my construction office that rolled up in one amendment, tory to get up to their point, and they about 1:30 in the morning, I wrote up think what that means. made deep, long-term, broad, delibera- this little quote. Part of it is naive; an- And I would argue, especially to our tive decisions that were difficult and other part of it, I think, is appropriate. young people, Madam Speaker, that if debated, they were hard-fought out, And the quote was this: that human we don’t exercise these rights—and our and they put those pieces in place for nature doesn’t change; that if we ever Founding Fathers made it very clear, us. It’s clear to me when I read through get the fundamental structure of gov- these are God-given rights. Thomas the documents of our Founding Fa- ernment correct, the only reason we Jefferson wrote it in the Declaration, as signed by the hands of those Found- thers that they understood history and need to reconvene our legislative bod- ing Fathers that pledged their lives, human nature. ies are to make appropriations for com- their fortunes, and their sacred honor, It’s not as clear to me, Madam ing years or adjustments for new tech- that these rights come from God. And Speaker, when I serve here in this Con- nology. it is the first time that concept had gress and engage in debates here on the Madam Speaker, when you think been argued, established, and put down floor and in committee and in sub- about what that means, if we ever get as a foundation of this Republic. It is committee and around in the places government right, if we ever get our not the beginning of these God-given where we’re often called upon to com- laws in place, our regulations in place rights; it is the most defensible version ment or listen to the comment of oth- so that they reflect and bring about the best of human nature, since human of it. ers, that we’re looking at this from the I would take us back to the origins of nature doesn’t change and it hasn’t big picture. the rule of law, which seems to be get- changed throughout the generations, So something that brought this home ting eroded here in this Congress—in then just make the adjustments for ap- for me was on a trip that I was in- the House and in the Senate and in the propriations in new technology, that is volved in dealing with negotiations White House. I don’t have that same a correct statement, I believe. But it is with the Europeans, and one of the charge to the Supreme Court these pretty naive about the reality of com- speakers who was an expert on the days, but I would test them in a couple Middle East made a presentation about ing to a consensus on getting the fun- of places, perhaps in a different venue, the Muslim Brotherhood. And I’m not damental structure of law correct, let Madam Speaker. here to speak about the Muslim Broth- alone the fundamental structure of reg- The rule of law, the foundation of the erhood except this: that part of his ulations correct, without regard to the rule of law, I will say that was handed presentation was that the Muslim changing technology that always is down by Moses, Mosaic Law. And as Brotherhood is, according to the speak- thrust upon us here. that law was handed down and we went er, a hollow ideology. I put that in We are continually going to be in an through those times after the birth of quotes, ‘‘a hollow ideology.’’ argument, in a debate, about the fun- Christ—and we saw during that period Now he said that they can’t sustain damental human nature, how people of time of Christ that the Greeks and themselves over the long term because react to public policy and about where the Romans had embraced Mosaic Law, their belief system isn’t anchored in we would like to see society go. Those even though they sometimes good- those things that are timeless and real, of us on my side of the aisle believe naturedly teased each other about bor- those things like the core—now, I’m that we have values that are timeless. rowing their ideas about the rule of law going to expand a little bit—the core of Whatever was true 2,000 years ago is from Moses—it is true, Mosaic Law faith, the core of human nature, but a true today, and whatever was sin 2,000 flowed into Greek law and Roman law. hollow ideology. years ago is sin today. If you look at history, the Romans So when he used that term and pro- There are those on the other side of flowed across Western Europe all the fessed that hollow ideologies cannot the aisle, many of them would advo- way up into England up into Ireland. continue, that they will eventually ex- cate that society isn’t going in the They established themselves in a big pire because they’re sunk by their own right direction unless you are con- way because of the rule of law. weight, rather than buoyed by a belief stantly changing things, without re- That rule of law was torn asunder system, then I began to look at our gard to the values we are changing, about the time that the Dark Ages Western civilization. without having to grasp for a higher began, around 406 AD to around 410 AD, And we are, here in the United ideal, just grasping for change. If when Rome was sacked and we saw States, Madam Speaker, the leaders of change is the mission and they are ourselves go into the Dark Ages. And, I Western civilization. launched upon that mission, they be- will say, the uncivilized began to de- lieve they are doing good because they stroy anything that they saw that was b 1550 are eliminating the things that we evidence of the civilizations of the And so when the allegation of a hol- have had and adopting something dif- Greeks and the Romans. They tore low ideology is placed upon the Muslim ferent, not necessarily something bet- down the buildings. They tore down the Brotherhood, I have to wonder: can I ter. And they don’t even argue that it symbols, those things that reminded make the argument that our ideology is better, but they argue for change. them of the former civilization.

VerDate Sep 11 2014 13:49 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR13\H05MR3.000 H05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2352 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 March 5, 2013 Out of that, the Roman church col- hollow but a full ideology can drive life. But I began to see that the people lected and protected many of those itself through the collapse of the on the other side were using it as a tool documents of the classics and the Irish Roman Empire, through the Dark to divide, not to unite, a tool to pit monks collected and protected many of Ages, through the reconstruction pe- people against each other rather than the classics of the era of the Greeks riod, into the modern era and survive, to draw them together. I’ve seen the and the Romans. And we went through in fact, survive all the allied bombers President use that in his politics re- those hundreds of years of the Dark that went over it in World War II. That peatedly to the extent that I’ve never Ages when people forgot how to think is a vision of not a hollow ideology but seen in the history of this country. I about the age of reason, how to apply a full ideology that is driven by cul- did, though, recognize it. deductive and inductive reasoning, ra- ture, by civilization, by faith. When Bill Clinton was elected Presi- tional thought. That disappeared, and Here we are today. As I listen to that dent, I wrote an op-ed about the meth- it became the rule of emotion rather presentation about the hollow ideology od that he used to appoint his Cabinet. than the rule of law, the society driven of the Muslim Brotherhood, I thought: That method was: I’m going to put to- by instinct and emotion rather than a what is our agenda here in Congress? gether a multicultural formula and I society that was ordered by rational Does this agenda reflect our value sys- am going to—and he said this: I’m thought. tem? Does it anchor in these core be- going to appoint a Cabinet that looks And how did this come back to- liefs that go back in a timeless way? like America. That would be the quote gether? We think we couldn’t lose this Does it recognize that there are human from Bill Clinton after he was elected, again today, Madam Speaker. It was universals that never will change? And before he was inaugurated, as he put lost at one time, and it was recon- does it recognize that we are motivated the Cabinet together. I thought at that time, the President structed again after hundreds of years. by those human universals and that it of the United States should be putting I think about how that was bridged. is anchored in our value system? together a Cabinet that best serves There are a number of symbols of the I don’t know that our agenda reflects America, regardless of what they look bridging of the classical period of the that these days. It seems as though we like. But that wasn’t what happened Greeks and the Romans through the are running herky-jerky from one eco- under the Clinton administration, and Dark Ages into the Middle Ages and nomic issue to another economic issue, I’m not convinced that’s what’s hap- into today. not with a long view picture, but with One of those symbols would be the pened under any subsequent adminis- the idea that we are going to get past Cologne Cathedral dome in Germany. tration, Republican or Democrat, since this crisis and then somehow we are Now, if I have my history right—and I then. But this President has pitted us going to put this back together on the am going to speak generally, Madam against each other along the lines of other side of the crisis. Speaker, because I didn’t commit this race, along the lines of ethnicity, with to precise memory for the purposes of b 1600 sometimes little comments that are delivering it, but conceptually I will— That’s the case with the fiscal cliff. made that aren’t so subtle. These the origins of that cathedral and that That’s the case with reordering the things divide us as a people rather than church and that diocese there began issues of sequestration, continuing res- unite us as a people. about 330 AD or so. olution, and, later on, the debt ceiling. When you hear the promise out there Can you imagine, before the fall of These are the urgencies that are being that people won’t have to worry about their rent check or won’t have to the Roman Empire, the Christian faith addressed, sometimes at the expense of worry about their car payment, that was building gothic edifices in Western the bigger picture. somebody will take care of you—this Europe as monuments and symbols of It would be different if we were deal- idea that government is going to step the deep core of their belief system, ing with urgencies that were fitting in and lift the burden off people and not a hollow ideology, but a full ide- the jigsaw puzzle pieces into the big ology driven by a Christian faith and take away individual responsibility is picture, but I don’t believe that we are. followed along by individual rights. something that was pervasive in the I think that we are starting to lose The foundation of the Cologne Cathe- last two Presidential races, particu- sight of who we are as a people and dral dome began to be laid around 330 larly in the last one, and it undermines we’re starting to lose our grip on those AD. The architectural plans, as I recall the efficiency of the American people. them, for the church that exists today fundamentals. We should be thinking, Madam was about 832 AD. Then they began to There is a big difference going on in Speaker, about a Nation of over 300 build for a few hundred years. Around this country that we have not seen in million people that has some of the about 1100 AD or so, they ran out of the history of the United States of longest and the highest and most sus- money. America, Madam Speaker, and the dif- tained unemployment rates in the his- Now, we haven’t yet emerged from ference is this: those of us who believe tory of this country—the Great Depres- the Dark Ages, but it is beginning. that we have timeless values and that sion would be the exception—and a Na- Hundreds of years of Dark Ages and the we need to be reconstructing and refur- tion with around 313 million people in construction of this church had bishing the pillars of American it, a little over 13 million people who stopped. They ran out of money. The exceptionalism competing against have signed up for unemployment, an- Dark Ages had suppressed it, and the those who believe that chiselling those other number of people that ap- image and the vision of this not hollow pillars of American exceptionalism proaches that of about 20 million peo- but full ideology had to weather down and replacing them with some- ple that are definably underemployed, through centuries. thing or nothing is preferable to restor- and that’s just a piece of those who are Then coming out of the Dark Ages in ing them. I think that that is being not engaged. 1100 AD or so, they began their fund- driven out of the White House and the When we look at the Department of raising drive again. For 600 years they people that share common cause, Labor’s Web site and we start to add up raised money to finish the cathedral Madam Speaker, with the President of those unemployed to those who are of that was planned. Architectural draw- the United States. working age simply not in the work- ings were put down on parchment This movement that he is driving, it force, we come to a number of over 100 about 832 AD. divides people against each other. million Americans, Madam Speaker, They picked up those plans 600 years When you see this concept of that are not contributing to the gross later, the same plans, to complete the multiculturalism—which is something domestic product, that are of the age church that was completed in the late that I embraced when it emerged on group that one would think we would part of the 19th century and exists the public scene because I believed it get some work out of some of them. today. was a good tool for us to respect all Now, I recognize in that group of over That is an idea of the length of time people of all races and all ethnicities, 100 million there are some that are re- that a vision can sustain itself. A not whatever their behaviors might be in tired, some are early retired, some are

VerDate Sep 11 2014 13:49 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR13\H05MR3.000 H05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD March 5, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 2353 in school, some are homemakers. It’s history of the world. We have more b 1610 difficult for me to complete the list of capital created. We have more human What kind of a country would do that reasons why people would not be con- capital, more know-how, more can-do and not tighten its belt and not put tributing to our economy. people out there to pull on the oars and some of its people to work? And then I But we seem to think that 100 mil- trim the sails and navigate the ship end up with these economic discus- lion Americans not in the workforce and do all of the things that need to sions, Madam Speaker. They come doesn’t seem to trouble very many peo- happen. This country has all of those from smart people who will say, well, ple in this Congress, but it’s okay for assets and all of those resources in the labor force should be determined by us to be looking at 11 or 12 or 20 mil- greater number and supply by any supply and demand. Why don’t we let lion people that are in this country un- measure than any civilization in the human migration follow where the jobs lawfully, who are working unlawfully, history of the world, and Madam are? Well, Milton Friedman had the an- and who are, at least theoretically, Speaker, we can’t live within our swer to that. He said that you cannot taking jobs that Americans might means? We have to run a deficit of $1 to have open borders and a welfare sys- take. $1.2 trillion and borrow money from tem, especially one that is as generous At one point, Madam Speaker, I the Chinese and the Saudis—and, by as our welfare system is. wrote an op-ed that laid out an anal- the way, about half of this debt is held So which one can you fix? Can you ogy. It described the United States as by domestic debt, the American people fix the border problem? Can you fix the analogous to a huge cruise ship—it that are buying bonds and T-bills. welfare problem? I’d like to fix them would also be a sailing cruise ship— But a Nation that’s the richest Na- both, Madam Speaker. One of them is a with 300 million people on it. You need tion, the richest culture, the richest little easier than the other. We can some people that will pull on the oars economy, the richest civilization in the control the borders and shut off the and swab the deck and trim the sails history of the world has to borrow over jobs magnet easier than we can make and work in the galley and clean out $1 trillion a year just to sustain this the case that we should be tightening the cabins and do those kind of things lifestyle that we have, while we have down the welfare system in this coun- up in steerage and in first class and 100 million—a third of our population— try. But we need to do both. We need to wherever else, and somebody there to that is of working age that is not con- bring the country back within its man the navigation and take care of tributing to the gross domestic prod- means. The entitlement system that’s the captain. That’s all jobs that happen uct. Think of what that means. Think out there that fits within those 80 dif- on a cruise ship. And our whole econ- how posterity will judge us if we don’t ferent means-tested welfare programs omy and our society is tied together, 50 step up to our responsibilities, get our needs to be completely reexamined. States and 300 million people. spending under control, bring more of I think Congressman LOUIS GOHMERT What kind of people, if they needed the people into the workforce that are, is correct when he said we need to put somebody else to pull on the oars or I will say, living off of public benefits. all of the welfare into a single com- swab the deck or trim the sails or cal- mittee so they’re responsible for all of I would be willing to submit that you culate the navigation, what kind of the programs that we have. It’s the won’t find someone on the streets of people would say, We’ve got 300 million only way we can begin to get a handle America that can name for you all of people on this ship and we’ve got 100 on it. The committee jurisdiction is the means-tested welfare programs— million of them that are sitting up in scattered out through multiple com- Federal programs that are means test- steerage, but we need somebody else to mittees, and he knows that better than ed—that we have. That number used to do the work that those people in steer- I. be 72. Then it went to 80. This is a num- age won’t do, so let’s pull off on this The big picture that I started to talk ber that has been calculated and pulled continent and load another 10 or 20 about in the beginning, Madam Speak- together by Robert Rector of the Herit- million more people on to do the work er, is that we need to identify the pil- age Foundation. I asked him, you that people on this cruise ship won’t lars of American exceptionalism and know, I used to quote you at 72, now do? No captain in his right mind would we need to refurbish those pillars. The you say 80. What happened? He said, I sail that ship over there and load a identification of them become the found some more. I said, Is 80 the finite bunch more people on to do work if he things that we’ve inherited from far number, 80 different means-tested Fed- had 100 million people up in steerage back in the origins of Western Civiliza- eral welfare programs? He said, Well, that had opted out because somebody tion. Mosaic law flowed through Greek there are at least 80; why don’t you say is taking care of delivering the food, and Roman law, and the Magna Carta a minimum of 80. cleaning their cabin, and making sure that was signed in 1215 established in- they have a place where they can stay. So 80, a minimum of 80 different dividual freedom from the monarch or That’s what happens to human nature means-tested Federal welfare pro- the despot that no subject could be— when you have a domestic policy that grams, some of them competing with let’s say no one other than a serf at makes it easy to turn the safety net each other, and no one can list them that time—could be punished arbi- into a hammock. from memory, and no one has the capa- trarily. They had to have the right and That’s something that Phil Gramm bility of understanding how they inter- the protection of the rule of law. used to discuss about how it’s one relate with each other nor how they We have these guarantees in our Con- thing to create a safety net—and we’re motivate or demotivate the people that stitution, freedom of speech, and I’m for a safety net in here almost univer- they are designed to help. What kind of exercising it now, Madam Speaker, and sally—but to turn the safety net into a a country would do that? I encourage all to do so. If we stopped hammock and then ask somebody else And why would we have 100 million exercising freedom of speech, we would to come do work that Americans aren’t people of working age not in our work- eventually lose it because it would be willing to do is a reach that I’m not force while we’re running up a debt of defined away from us. Freedom of reli- willing to accept. $1.2 trillion a year? We’ve seen that the gion fits the same category. If we don’t Neither do I accept the idea that per capita national debt now for a baby exercise our freedom of religion, it be- there’s work that Americans won’t do. born in the United States—babies born comes redefined away from us. How Every single job category has Ameri- today, their share of the national debt about freedom of the press? I would cans working in it in a majority of that is $53,000. It went over $53,000 just the submit, Madam Speaker, that those job category. We saw some of that data other day. So, welcome to the world. who abuse freedom of the press, those today, Madam Speaker. You’re an American citizen born here who do not have journalistic integrity, So I’d say this instead. We are a by birthright citizenship, but you don’t are undermining our First Amendment country that is richer than any coun- have a right not to contribute to pay- right. If every newspaper out there try ever in the history of the world. We ing off the national debt, and your printed things that they knew were have more technology than ever in the share is $53,000. dishonest, if they just drove purely a

VerDate Sep 11 2014 13:49 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR13\H05MR3.000 H05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2354 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 March 5, 2013 political agenda on the front page, on of America. We’ve seen, as the Presi- were told a year and a half ago would the side where they’re held accountable dent of the United States has decided, not. The President said during the de- for journalism, or in their commentary that he will enforce the law that he bates last fall it would not, but it has when they print falsehoods as fact, it sees fit, and he will not enforce the law taken place, as the President traveled undermines all of our freedom, because that he doesn’t agree with. And it’s around the country demonizing those when someone abuses a freedom, they clear in a number of ways, Madam of us back here that were hoping for a diminish that freedom for all of us. Speaker. The President suspended No better way to cut, hoping that some- Now, think in terms of this—if that’s Child Left Behind. He won’t enforce thing could be reached in the way of an hard to understand for some folks, that. He essentially has waived it off agreement that would have given more Madam Speaker, I’ll put it this way: If the books. flexibility, but that didn’t happen. Peo- everybody went out there and abused Now, he took an oath to take care ple were too busy going off doing other the Second Amendment right, it that the laws be faithfully executed. things to be here in Washington with wouldn’t be long before we wouldn’t That is in the Constitution, and it’s a us and work out some kind of an agree- have the right to keep and bear arms, requirement. He took the oath, he un- ment. regardless of what the Constitution derstands it, he taught constitutional One bit of good news, though: We had says. We have to utilize those rights, law, but he simply set aside No Child heard from the Secretary of Homeland and we have to exercise them in a re- Left Behind. It isn’t the issue that I’m Security that the lines would be long sponsible way. The abuse of God-given advocating here; it is that a President in the airport, there would be delays rights, the abuse of these rights, espe- must take care that the laws be faith- and there would be all kinds of prob- cially in the Bill of Rights, undermines fully executed. lems. Initially, it was announced that the rights that we have. Behind that, he suspended welfare to FAA officials would be pulled from be- But we do have freedom of speech, re- work. In the middle 1990s, there were tween 150 to 200 airports. They were ligion, and the press and assembly. If three times that President Clinton ve- going to make America feel as much we stopped exercising them, we would toed the welfare reform law. He finally pain as possible. But with all the tough signed it and took credit for it—okay, lose them. We have the right to keep news for travelers, we can all be com- that’s politics—but one component of and bear arms, not for hunting, not for forted. This is dated March 5, a story that was welfare to work. And only one target, not for self-defense, and not for by Elizabeth Harrington: The TSA was of all of our more than 80 different collection. All of those four reasons to able to seal a $50-million sequester-eve means-tested welfare programs that we keep and bear arms are—I’ll say they deal to buy new uniforms. have, or a minimum of 80 different are additional rights; it’s just the So the lines will be longer traveling. means-tested welfare programs that we bonus that comes along with it because We are told by Homeland Security they have, of all of them, there’s only one, our Founding Fathers understood that are going to make America feel pain a well-armed populace was a protection Madam Speaker, that requires work. That one is the TANF program, Tem- because we managed to cut less than 2 against tyranny. I agree with that and percent of government spending when defend the Second Amendment because porary Assistance for Needy Families. And it says in there that it specifically it’s increased over 20 percent over the that is what allows us to defend our- last 4 years, when every American who selves against tyrants. prohibits the President from sus- pending or waiving the work require- works and pays taxes had their taxes You can go on up through the Bill of go up 2 percent on January 1. This was Rights, the right to property in the ment. The President did so anyway. Sticking with this rule of law that merely taxes going up 2 percent, giving Fifth Amendment—nor shall private has been so damaged by our President, basically a tax on government for 2 property be taken for public use with- it’s also true with immigration law. percent, the same one America suf- out just compensation. The Kelo deci- The immigration law requires that peo- fered. sion took that phrase out of there, ‘‘for ple who are in violation of it be put public use.’’ I think one day, a Su- into the process for deportation. The b 1620 preme Court, if we raise an adequate President has decided he won’t do that. objection, will have to go back and re- That is the same amount basically, Now, it’s one thing to have prosecu- visit the Kelo decision. It was an un- and yet we have officials in this admin- torial discretion. I agree that the exec- istration who say, Oh, no. We can’t just decision that didn’t reflect the utive branch has to be able to decide language in the Fifth Amendment. stand a 2 percent cut. Heck, here at the which highest priorities are there for House itself, our budgets have been cut Property rights is another core of the resources of law enforcement. But 111⁄2 percent over the last 2 years. We American exceptionalism. when the executive branch—the pros- Without these rights, freedom of did it. And you’ve got TSA, you’ve got ecutorial discretion is always on an in- FAA, you’ve got Homeland Security, speech, religion, and the press, and the dividual basis, not on a group basis, you’ve got people being released from Second Amendment rights to keep and not on a clear-the-board basis. But custody that will put American citi- bear arms, without property rights, look what the President has done. He zens in jeopardy all to make the point without being tried by a jury of our has issued a memorandum, actually a that we can’t live with a 2 percent cut peers and the right to face our accus- memorandum that was written by Sec- like every hardworking American tax- ers, without the concepts of federalism retary Napolitano of the Department of payer has. At least we know that TSA and these enumerated powers in the Homeland Security, that said that Constitution, that being reserved for we’re not going to enforce immigration will have new uniforms while the lines the Congress and the balance of them law. So I’m here to endorse the rule of are getting longer. that revert to the States or the people law and stand up and defend the Con- It also is worth noting a story here respectively, without those compo- stitution. I appreciate your attention. by Terence Jeffrey March 4 of this nents, we would not have emerged as I yield back the balance of my time. year, that President Obama borrowed the country that we are. We can’t sus- nearly six times as much in February f tain ourselves as a country that we are as the sequester cuts all year. I recall to be if we don’t protect those pillars of SUFFERING UNDER in 2006, the last year Republicans were American exceptionalism. SEQUESTRATION in the majority before Speaker PELOSI In the core of those pillars of Amer- The SPEAKER pro tempore. Under took the gavel, Democrats on this side ican exceptionalism is, as I said ear- the Speaker’s announced policy of Jan- of the aisle appropriately beat up Re- lier, the rule of law. When the rule of uary 3, 2013, the Chair recognizes the publicans because we had a budget, an law is usurped by a king or a despot or gentleman from Texas (Mr. GOHMERT) appropriations that year that spent a President of the United States, it di- for 30 minutes. $160 billion more than we brought in, minishes us all, and it diminishes the Mr. GOHMERT. Madam Speaker, the and we should have gotten it balanced. potential destiny of the United States sequestration has taken place that we They were right.

VerDate Sep 11 2014 13:49 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR13\H05MR3.000 H05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD March 5, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 2355 I would never have dreamed that more—they have wanted, they have (Rept. No. 113–12) on the resolution (H. within a few years and with a Demo- counted on the quote from the first Res. 99) providing for consideration of crat in the White House, with a Demo- lady. They were so looking forward to the bill (H.R. 933) making appropria- cratic majority in the House and a touring the White House. tions for the Department of Defense, Democratic majority in the Senate, I filed an amendment with the Rules the Department of Veterans Affairs, that they wouldn’t spend $160 billion Committee this afternoon so that we and other departments and agencies for more than we took in; they’d spend $1.6 can work together. The amendment to the fiscal year ending September 30, trillion more than we took in. And the continuing resolution of funds—and 2013, and for other purposes, which was here, with all the gloom and doom and I’m hoping and begging and pleading referred to the House Calendar and or- claims of how bad it’s going to be—oh, that the Rules Committee will make dered to be printed. it’s going to be horrible—we find out this amendment in order. It’s an f that the President borrowed $253.5 bil- amendment to H.R. 933 offered by Mr. lion in one month, the shortest month GOHMERT of Texas: ENROLLED BILL SIGNED of the year, February, six times more At the end of division C (before the short Karen L. Haas, Clerk of the House, than the sequester was with all the title), insert the following: reported and found truly enrolled a bill complaints. None of the funds made available by a divi- of the House of the following title, I have an interesting story here in sion of this act may be used to transport the which was thereupon signed by the Townhall.com by Heather Ginsberg: President to or from a golf course until pub- Speaker: lic tours of the White House resume. ‘‘President Obama’s Golf Trip Could H.R. 307. An act to reauthorize certain pro- Have Saved 341 Furloughed Jobs.’’ She That way we will both work together grams under the Public Health Service Act goes on to outline the millions of dol- so the President will not be able to and the Federal Food, Drug, and Cosmetic lars it cost for the last golf outing. take a golf outing that causes 341 more Act with respect to public health security That’s pretty tragic. Federal officials to be furloughed and and all-hazards preparedness and response, I think we have one of the most gra- lose their job, at least temporarily. and for other purposes. cious and graceful First Ladies that Then perhaps by avoiding furloughing f we’ve ever had. She made a wonderful all these Federal employees, we’ll be ADJOURNMENT quote previously. She said: able to get the Democrats and Repub- This is really what the White House is all licans across America, people that Mr. COLE. Mr. Speaker, I move that about. It’s the people’s house. It’s a place didn’t even have a party because the House do now adjourn. that is steeped in history, but it’s also a they’re just Americans, they’ll be able The motion was agreed to; accord- place where everyone should feel welcome. to get their tour of the White House, ingly (at 5 o’clock and 37 minutes And that’s why my husband and I have made and all it will cost is one or two golf p.m.), under its previous order, the it our mission to open up the house to as House adjourned until tomorrow, many people as we can. trips less. Wednesday, March 6, 2013, at 10 a.m. That was our First Lady, and that With that, I yield back the balance of was a wonderful position to take. my time. f So I’m sure she was not consulted f EXECUTIVE COMMUNICATIONS, today when the White House in its RECESS ETC. frustration that all of us in Congress— Under clause 2 of rule XIV, executive heck, the cut we are having in Con- The SPEAKER pro tempore. Pursu- communications were taken from the gress is going to put us around a 20 per- ant to clause 12(a) of rule I, the Chair Speaker’s table and referred as follows: cent cut of our budget in the House. declares the House in recess subject to 576. A letter from the Chief Counsel, The Senate hadn’t cut themselves 111⁄2 the call of the Chair. percent like we have, but we will have Accordingly (at 4 o’clock and 27 min- FEMA, Department of Homeland Security, utes p.m.), the House stood in recess. transmitting the Department’s final rule— cut our own budget in the House of Final Flood Elevation Determinations (St. Representatives in every office at least f Helena Parish, LA, et al.) [Docket ID: 20 percent in 3 years’ time. The Presi- b 1736 FEMA–2013–0002] received February 20, 2013, dent, even though his government has pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- grown about 20 percent in 4 years, AFTER RECESS mittee on Financial Services. could not live with just pulling back 2 577. A letter from the Chief Counsel, De- The recess having expired, the House partment of Homeland Security, transmit- percent of that 20 percent increase. was called to order by the Speaker pro So, today, as the story indicates from ting the Department’s final rule—Final tempore (Mr. WOODALL) at 5 o’clock Flood Elevation Determinations (Unincor- today—this is from the Washington Ex- and 36 minutes p.m. porated Areas of Craven County, North Caro- aminer: lina) [Docket ID: FEMA–2013–0002] received f Never say the White House isn’t affected February 20, 2013, pursuant to 5 U.S.C. by sequestration. The Visitors Office just no- HOUR OF MEETING ON TOMORROW 801(a)(1)(A); to the Committee on Financial tified Congress that tours of the White House Services. are canceled until further notice. Mr. COLE. Mr. Speaker, I ask unani- 578. A letter from the Chair, Advisory Due to staffing reductions resulting from mous consent that when the House ad- Council on Alzheimer’s Research, Care, and sequestration, we regret to inform you that journs today, it adjourn to meet at 10 Services, transmitting the 2013 Rec- White House Tours will be canceled effective a.m. tomorrow. ommendations of the Public Members of the Saturday, March 9, 2013 until further notice, The SPEAKER pro tempore. Is there Advisory Council on Alzheimer’s Research, the White House email to legislative offices objection to the request of the gen- Care, and Services to the Committee on En- explains. Unfortunately, we will not be able ergy and Commerce. to reschedule affected tours. We very much tleman from Oklahoma? There was no objection. 579. A letter from the Secretary, Depart- regret having to take this action, particu- ment of Health and Human Services, trans- larly during the popular spring touring sea- f mitting fiscal year 2012 Performance Report son. to Congress for the Animal Drug User Fee Well, knowing that, as the story re- REPORT ON RESOLUTION PRO- Act to the Committee on Energy and Com- ports here, we could have had 341 Fed- VIDING FOR CONSIDERATION OF merce. eral employees that could have kept H.R. 933, DEPARTMENT OF DE- 580. A letter from the Secretary, Depart- their jobs and not been furloughed if FENSE, MILITARY CONSTRUC- ment of Homeland Security, transmitting the President had not taken his last TION AND VETERANS AFFAIRS, fiscal year 2012 Performance Report to Con- gress for the Animal Generic Drug User Fee golf outing. It seems to me that since AND FULL-YEAR CONTINUING APPROPRIATIONS ACT, 2013 Act to the Committee on Energy and Com- there are so many people coming to merce. Washington—it appears to me as many Mr. COLE, from the Committee on 581. A letter from the Chairman, Council of Democrats as Republicans, possibly Rules, submitted a privileged report the District of Columbia, transmitting

VerDate Sep 11 2014 13:49 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR13\H05MR3.000 H05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2356 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 March 5, 2013 Transmittal of D.C. ACT 19–479, ‘‘Compas- Transmittal of D.C. ACT 19–662, ‘‘Construc- and Government Reform. Billions of Federal sionate Release Authorization Amendment tion and Demolition Waste Recycling Ac- Tax Dollars Misspent on New York’s Med- Act of 2012’’ to the Committee on Oversight countability Act of 2012’’ to the Committee icaid Program (Rept. 113–11). Referred to the and Government Reform. on Oversight and Government Reform. Committee of the Whole House on the state 582. A letter from the Chairman, Council of 596. A letter from the Chairman, Council of of the Union. the District of Columbia, transmitting the District of Columbia, transmitting Mr. COLE: Committee on rules. H. Res. 99. Transmittal of D.C. ACT 19–654, ‘‘Council No- Transmittal of D.C. ACT 19–666, ‘‘Bad Actor A resolution providing for consideration of tification on Enforcement of Laws Amend- Debarment and Suspension Amendment Act the bill (H.R. 933) making appropriations for ment Act of 2012’’ to the Committee on Over- of 2012’’ to the Committee on Oversight and the Department of Defense, the Department sight and Government Reform. Government Reform. of Veterans Affairs, and other departments 583. A letter from the Chairman, Council of 597. A letter from the Chairman, Council of and agencies for the fiscal year ending Sep- the District of Columbia, transmitting the District of Columbia, transmitting tember 30, 2013, and for other purposes (Rept. Transmittal of D.C. ACT 19–649, ‘‘Schedule H Transmittal of D.C. ACT 19–663, ‘‘Adminis- 113–12). Referred to the House Calendar. Property Tax Relief Act of 2012’’ to the Com- trative Disposition for Weapons Offenses f mittee on Oversight and Government Re- Amendment Act of 2012’’ to the Committee form. on Oversight and Government Reform. PUBLIC BILLS AND RESOLUTIONS 584. A letter from the Chairman, Council of 598. A letter from the Chairman, Council of the District of Columbia, transmitting the District of Columbia, transmitting Under clause 2 of rule XII, public Transmittal of D.C. ACT 19–655, ‘‘Retail In- Transmittal of D.C. ACT 19–664, ‘‘United bills and resolutions of the following centive Amendment Act of 2012’’ to the Com- House of Prayer for All People Real Property titles were introduced and severally re- mittee on Oversight and Government Re- Tax Exemption Technical Temporary Act of ferred, as follows: form. 2012’’ to the Committee on Oversight and By Mr. KING of Iowa (for himself, Mrs. 585. A letter from the Chairman, Council of Government Reform. BACHMANN, Mr. BACHUS, Mr. BARR, 599. A letter from the Chairman, Council of the District of Columbia, transmitting Mr. BARTON, Mrs. BLACK, Mr. BON- the District of Columbia, transmitting Transmittal of D.C. ACT 19–652, ‘‘Israel Sen- NER, Mr. BOUSTANY, Mr. BRADY of Transmittal of D.C. ACT 19–665, ‘‘Beulah ior Residences Tax Exemption Act of 2012’’ Texas, Mr. BROUN of Georgia, Mr. Baptist Church Real Property Equitable Tax to the Committee on Oversight and Govern- BUCSHON, Mr. CHABOT, Mr. COLE, Mr. Relief Temporary Act of 2013’’ to the Com- ment Reform. COTTON, Mr. CRAMER, Mr. CRAWFORD, 586. A letter from the Chairman, Council of mittee on Oversight and Government Re- Mr. DUNCAN of South Carolina, Mr. the District of Columbia, transmitting form. DUNCAN of Tennessee, Mr. FINCHER, Transmittal of D.C. ACT 19–656, ‘‘Sign Regu- 600. A letter from the Chairman, Council of Mr. FLEMING, Ms. FOXX, Mr. GARD- lation Authorization Amendment Act of the District of Columbia, transmitting NER, Mr. GINGREY of Georgia, Mr. 2012’’ to the Committee on Oversight and Transmittal of D.C. ACT 19–651, ‘‘State GOHMERT, Mr. GOODLATTE, Mr. Government Reform. Board of Education Personnel Authority GOSAR, Mr. GRAVES of Georgia, Mr. 587. A letter from the Chairman, Council of Amendment Act of 2012’’ to the Committee GRIFFIN of Arkansas, Mr. GRIFFITH of the District of Columbia, transmitting on Oversight and Government Reform. Virginia, Mr. HARPER, Mr. HARRIS, Transmittal of D.C. ACT 19–657, ‘‘Re-entry 601. A letter from the Human Resources Mr. HUELSKAMP, Mr. HUIZENGA of Facilitation Amendment Act of 2012’’ to the Specialist, Department of Defense, transmit- Michigan, Ms. JENKINS, Mr. JORDAN, Committee on Oversight and Government ting nineteen reports pursuant to the Fed- Mr. LAMALFA, Mr. LAMBORN, Mr. Reform. eral Vacancies Reform Act of 1998 to the LONG, Mrs. LUMMIS, Mr. MCCLINTOCK, 588. A letter from the Chairman, Council of Committee on Oversight and Government Mr. MEADOWS, Mr. MULVANEY, Mr. the District of Columbia, transmitting Reform. NUGENT, Mr. NUNNELEE, Mr. PALAZZO, Transmittal of D.C. ACT 19–653, ‘‘Washington 602. A letter from the Director, Adminis- Mr. PERRY, Mr. PITTENGER, Mr. POE Metropolitan Area Transit Authority Board trative Office of the United States Courts, of Texas, Mr. ROE of Tennessee, Mr. of Directors Act of 2012’’ to the Committee transmitting a copy of the Report of the Ju- ROSS, Mr. SALMON, Mr. SCALISE, Mr. on Oversight and Government Reform. dicial Conference of the United States for 589. A letter from the Chairman, Council of the September 2012 session to the Committee SCHWEIKERT, Mr. STOCKMAN, Mr. the District of Columbia, transmitting on the Judiciary. WALBERG, Mr. WESTMORELAND, Mr. Transmittal of D.C. ACT 19–658, ‘‘Motorized 603. A letter from the Federal Register and WILSON of South Carolina, and Mr. Bicycle Amendment Act of 2012’’ to the Com- Regulatory Liaison Officer, National Aero- YOHO): mittee on Oversight and Government Re- nautics and Space Administration, transmit- H.R. 946. A bill to preserve and protect the form. ting the Administration’s final rule—NASA free choice of individual employees to form, 590. A letter from the Chairman, Council of Information Security Protection [Document join, or assist labor organizations, or to re- the District of Columbia, transmitting No.: NASA–2012–0006] (RIN: 2700–AD61) re- frain from such activities; to the Committee Transmittal of D.C. ACT 19–659, ‘‘Service ceived February 20, 2013, pursuant to 5 U.S.C. on Education and the Workforce. Animals Access Amendment Act of 2012’’ to 801(a)(1)(A); to the Committee on Science, By Mr. SCHOCK (for himself and Mr. the Committee on Oversight and Govern- Space, and Technology. THOMPSON of California): ment Reform. 604. A letter from the Chief, Border Secu- H.R. 947. A bill to amend the Internal Rev- 591. A letter from the Chairman, Council of rity Regulations Branch, Department of enue Code of 1986 to expand the availability the District of Columbia, transmitting Homeland Security, transmitting the De- of the cash method of accounting for small Transmittal of D.C. ACT 19–668, ‘‘Workplace partment’s final rule—Modification of the businesses, and for other purposes; to the Fraud Amendment Act of 2012’’ to the Com- Port Limits of Green Bay, WI [Docket No.: Committee on Ways and Means. mittee on Oversight and Government Re- USCBP–2011–0031] (CBP Dec. 13–2) received By Mr. REED (for himself, Mr. DOG- form. February 22, 2013, pursuant to 5 U.S.C. GETT, Mr. REICHERT, Mr. LEWIS, Mr. 592. A letter from the Chairman, Council of 801(a)(1)(A); to the Committee on Ways and BOUSTANY, Mr. YOUNG of Indiana, Mr. the District of Columbia, transmitting Means. GRIFFIN of Arkansas, Mr. RENACCI, Transmittal of D.C. ACT 19–660, 605. A letter from the Chief, Publications Mr. DANNY K. DAVIS of Illinois, Mr. ‘‘Bloomingdale and LeDroit Park Backwater and Regulations Branch, Internal Revenue TIBERI, and Mr. PAULSEN): Valve and Sandbag Act of 2012’’ to the Com- Service, transmitting the Service’s final H.R. 948. A bill to establish consistent re- mittee on Oversight and Government Re- rule—Revised Exhibit: Sample Notice to In- quirements for the electronic content and form. terested Parties (Announcement 2013–15) re- format of data used in the administration of 593. A letter from the Chairman, Council of ceived February 22, 2013, pursuant to 5 U.S.C. certain human services programs under the the District of Columbia, transmitting 801(a)(1)(A); to the Committee on Ways and Social Security Act; to the Committee on Transmittal of D.C. ACT 19–667, ‘‘Uniform Means. Ways and Means, and in addition to the Com- Commercial Code Revision Act of 2012’’ to f mittee on Energy and Commerce, for a pe- the Committee on Oversight and Govern- riod to be subsequently determined by the ment Reform. REPORTS OF COMMITTEES ON Speaker, in each case for consideration of 594. A letter from the Chairman, Council of PUBLIC BILLS AND RESOLUTIONS such provisions as fall within the jurisdic- the District of Columbia, transmitting Under clause 2 of rule XIII, reports of tion of the committee concerned. By Mr. RAHALL (for himself, Mr. Transmittal of D.C. ACT 19–661, ‘‘District of committees were delivered to the Clerk Columbia Flood Assistance Fund Act of 2012’’ DEFAZIO, Ms. NORTON, Mr. NADLER, to the Committee on Oversight and Govern- for printing and reference to the proper Ms. BROWN of Florida, Ms. EDDIE ment Reform. calendar, as follows: BERNICE JOHNSON of Texas, Mr. CUM- 595. A letter from the Chairman, Council of Mr. ISSA: Committee on Oversight and MINGS, Mr. LARSEN of Washington, the District of Columbia, transmitting Government Reform. Billions on Oversight Mr. CAPUANO, Mr. BISHOP of New

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York, Mr. MICHAUD, Mrs. NAPOLI- By Mrs. LUMMIS (for herself, Mr. By Ms. DEGETTE (for herself and Mr. TANO, Mr. LIPINSKI, Mr. WALZ, Mr. HIMES, Ms. BONAMICI, Mr. MCCARTHY COFFMAN): COHEN, Mr. SIRES, Ms. EDWARDS, Mr. of California, and Mr. COOK): H.R. 964. A bill to amend the Controlled GARAMENDI, Mr. CARSON of Indiana, H.R. 957. A bill to reduce temporarily the Substances Act to provide that Federal law Mr. NOLAN, Mrs. KIRKPATRICK, Mr. royalty required to be paid for sodium pro- shall not preempt State law; to the Com- SEAN PATRICK MALONEY of New York, duced on Federal lands, and for other pur- mittee on the Judiciary, and in addition to Ms. ESTY, Mrs. BUSTOS, Mr. poses; to the Committee on Natural Re- the Committee on Energy and Commerce, for LOEBSACK, Ms. SLAUGHTER, Mr. HIG- sources. a period to be subsequently determined by GINS, Mr. PETERS of Michigan, Mr. By Mr. LARSEN of Washington (for the Speaker, in each case for consideration VISCLOSKY, and Mr. CICILLINE): himself, Ms. BONAMICI, Mr. BRADY of of such provisions as fall within the jurisdic- H.R. 949. A bill to ensure that transpor- Pennsylvania, Ms. BROWNLEY of Cali- tion of the committee concerned. tation and infrastructure projects carried fornia, Ms. CHU, Mr. CONYERS, Mrs. By Mr. GUTIERREZ: out using Federal financial assistance are DAVIS of California, Ms. DELBENE, H.R. 965. A bill to prohibit the possession constructed with steel, iron, and manufac- Ms. HANABUSA, Mr. HECK of Wash- or transfer of junk guns, also known as Sat- tured goods that are produced in the United ington, Ms. MCCOLLUM, Mrs. NAPOLI- urday Night Specials; to the Committee on States, and for other purposes; to the Com- TANO, Ms. NORTON, Ms. SLAUGHTER, the Judiciary. mittee on Transportation and Infrastruc- Mr. STIVERS, and Ms. WASSERMAN By Ms. HANABUSA (for herself, Ms. ture, and in addition to the Committee on SCHULTZ): GABBARD, Mr. HONDA, Mr. TAKANO, Financial Services, for a period to be subse- H.R. 958. A bill to amend title 38, United Mr. FALEOMAVAEGA, Ms. CHU, Mr. quently determined by the Speaker, in each States Code, to improve the reproductive as- SABLAN, and Mr. FARR): case for consideration of such provisions as sistance provided by the Department of Vet- H.R. 966. A bill to exempt children of cer- fall within the jurisdiction of the committee erans Affairs to severely wounded, ill, or in- tain Filipino World War II veterans from the concerned. jured veterans and their spouses, and for numerical limitations on immigrant visas By Mr. FARENTHOLD: other purposes; to the Committee on Vet- and for other purposes; to the Committee on H.R. 950. A bill to require the Director of erans’ Affairs, and in addition to the Com- the Judiciary. the Office of Management and Budget to mittees on the Budget, and Armed Services, By Mrs. LUMMIS (for herself, Mr. send a report to Congress indicating how for a period to be subsequently determined SMITH of Texas, and Ms. EDDIE BER- amounts could be transferred within agen- by the Speaker, in each case for consider- NICE JOHNSON of Texas): cies and departments for fiscal year 2013 to ation of such provisions as fall within the ju- H.R. 967. A bill to amend the High-Per- avoid all furloughs or reductions in force; to risdiction of the committee concerned. formance Computing Act of 1991 to authorize activities for support of networking and in- the Committee on Oversight and Govern- By Mr. WHITFIELD (for himself, Mr. formation technology research, and for other ment Reform. BARROW of Georgia, Mr. GRIFFITH of purposes; to the Committee on Science, By Mr. POLIS (for himself, Ms. Virginia, Mr. MCKINLEY, Mr. MURPHY Space, and Technology. DELAURO, Mr. CONYERS, Ms. of Pennsylvania, Mrs. ELLMERS, Mr. By Ms. MATSUI: DEGETTE, Mr. GRIJALVA, Ms. MOORE, POMPEO, Mr. BURGESS, Mr. TERRY, H.R. 968. A bill to amend the National Ms. NORTON, Mr. LANGEVIN, Ms. Mr. GUTHRIE, and Mr. OLSON): Flood Insurance Act of 1968 to allow the re- H.R. 959. A bill to prohibit the Adminis- WASSERMAN SCHULTZ, Ms. BROWN of building, without elevation, of certain struc- Florida, Mr. SIRES, Mr. BLUMENAUER, trator of the Environmental Protection tures located in special flood hazard zones Ms. ROYBAL-ALLARD, Mr. LEWIS, Ms. Agency from awarding any grant, contract, that are damaged by fire, and for other pur- WILSON of Florida, Mr. HASTINGS of cooperative agreement, or other financial as- poses; to the Committee on Financial Serv- Florida, Ms. SLAUGHTER, Mr. ELLI- sistance under section 103 of the Clean Air ices. SON, Mr. GARAMENDI, Mr. CICILLINE, Act for any program, project, or activity to By Mr. PRICE of Georgia (for himself, occur outside the United States and its terri- Mr. MORAN, and Ms. WATERS): Mr. BOUSTANY, Mr. ROE of Tennessee, tories and possessions; to the Committee on H.R. 951. A bill to promote the economic Mrs. BLACKBURN, and Mr. CASSIDY): self-sufficiency of low-income women Energy and Commerce, and in addition to H.R. 969. A bill to prohibit conditioning li- through their increased participation in the Committee on Science, Space, and Tech- censure of a health care provider upon par- high-wage, high-demand occupations where nology, for a period to be subsequently deter- ticipation in a health plan; to the Committee they currently represent 25 percent or less of mined by the Speaker, in each case for con- on Energy and Commerce. the workforce; to the Committee on Edu- sideration of such provisions as fall within By Mr. MICHAUD: cation and the Workforce. the jurisdiction of the committee concerned. H.R. 970. A bill to amend part D of title IV By Mr. SWALWELL of California: By Mr. GRIMM (for himself, Mr. KING of the Social Security Act to prohibit States H.R. 952. A bill to amend the Internal Rev- of New York, Mrs. MCCARTHY of New from charging child support recipients for enue Code of 1986 to allow small businesses York, and Mr. MEEKS): the collection of child support; to the Com- to defer the payment of certain employment H.R. 960. A bill to amend the National mittee on Ways and Means. taxes; to the Committee on Ways and Means. Flood Insurance Act of 1968 to provide relief By Mr. PAULSEN (for himself and Mr. By Mr. GRAYSON: from increased flood insurance premium MCHENRY): H.R. 953. A bill to improve security at rates for homes in disaster areas; to the H.R. 971. A bill to prohibit the sale or trade State and local courthouses; to the Com- Committee on Financial Services. to another community of community devel- mittee on the Judiciary, and in addition to By Mr. LYNCH: opment block grant award amounts; to the the Committee on Oversight and Govern- H.R. 961. A bill to amend title 5, United Committee on Financial Services. ment Reform, for a period to be subsequently States Code, to provide for the computation By Mr. AUSTIN SCOTT of Georgia: determined by the Speaker, in each case for of normal-cost percentage for postal employ- H.R. 972. A bill to protect individual pri- consideration of such provisions as fall with- ees as a separate and distinct class, and to vacy against unwarranted governmental in- in the jurisdiction of the committee con- provide for the disposition of certain excess trusion through the use of the unmanned cerned. retirement contributions made by the United aerial vehicles commonly called drones, and By Ms. BONAMICI (for herself, Mr. States Postal Service; to the Committee on for other purposes; to the Committee on the GEORGE MILLER of California, Mr. Oversight and Government Reform. Judiciary. BLUMENAUER, Mr. RUSH, and Mrs. By Mrs. DAVIS of California (for her- By Mr. SENSENBRENNER (for him- DAVIS of California): self and Mr. VELA): self, Mr. CHABOT, Mr. PALAZZO, Mr. H.R. 954. A bill to amend the Workforce In- H.R. 962. A bill to amend title XVIII of the HARPER, Mr. BACHUS, Mr. KING of vestment Act of 1998 to provide for the estab- Social Security Act to reduce the incidence Iowa, Mr. TIBERI, Mr. BOUSTANY, Mr. lishment of the Small Business Liaison Pilot of diabetes among Medicare beneficiaries; to JOHNSON of Ohio, Mr. MULVANEY, Mr. Program; to the Committee on Education the Committee on Energy and Commerce, HUIZENGA of Michigan, Mr. RIBBLE, and the Workforce. and in addition to the Committee on Ways Mr. DUNCAN of Tennessee, Mr. CAR- By Mr. RUSH (for himself and Ms. KAP- and Means, for a period to be subsequently TER, Mr. NUGENT, Mr. CONAWAY, Mr. TUR): determined by the Speaker, in each case for PETRI, Mr. AMODEI, Mr. LANKFORD, H.R. 955. A bill to increase public safety by consideration of such provisions as fall with- Mr. BILIRAKIS, Mr. WESTMORELAND, punishing and deterring firearms trafficking; in the jurisdiction of the committee con- Mr. FITZPATRICK, Mrs. BLACK, Mr. to the Committee on the Judiciary. cerned. MARINO, Mr. GINGREY of Georgia, Mr. By Mr. KIND: By Ms. DEGETTE (for herself and Mr. MILLER of Florida, Mr. JORDAN, Mr. H.R. 956. A bill to amend the Internal Rev- STIVERS): WALBERG, Mr. BARLETTA, Mr. enue Code of 1986 to treat certain amounts H.R. 963. A bill to assist low-income indi- FORBES, and Mr. DUFFY): paid for physical activity, fitness, and exer- viduals in obtaining medically recommended H.R. 973. A bill to exempt employers from cise as amounts paid for medical care; to the dental care; to the Committee on Energy and any excise tax and certain suits and pen- Committee on Ways and Means. Commerce. alties in the case of a failure of a group

VerDate Sep 11 2014 13:49 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR13\H05MR3.000 H05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2358 CONGRESSIONAL RECORD—HOUSE, Vol. 159, Pt. 2 March 5, 2013 health plan to provide coverage to which an Republic of Iran; to the Committee on For- Article I, Section 8, Clause 18 employer objects on the basis of religious be- eign Affairs. By Mr. POLIS: lief or moral conviction; to the Committee By Mr. GRIJALVA: H.R. 951. on Energy and Commerce, and in addition to H. Res. 100. A resolution supporting the Congress has the power to enact this legis- the Committees on Ways and Means, and goals and ideals of National Middle Level lation pursuant to the following: Education and the Workforce, for a period to Education Month; to the Committee on Edu- Article I, Section 1, All legislative Powers be subsequently determined by the Speaker, cation and the Workforce. herein granted shall be vested in a Congress in each case for consideration of such provi- By Ms. NORTON: of the United States, which shall consist of a sions as fall within the jurisdiction of the H. Res. 101. A resolution expressing the Senate and House of Representatives. committee concerned. sense of the House of Representatives that By Mr. SWALWELL of California: By Mr. SIRES (for himself, Mr. SMITH the United States Postal Service should H.R. 952. of Washington, Mr. BLUMENAUER, Ms. issue a commemorative postage stamp in Congress has the power to enact this legis- HAHN, Ms. BROWN of Florida, and 2015 to honor Constantino Brumidi, Artist of lation pursuant to the following: Mrs. NAPOLITANO): the Capitol, and to commemorate the 150th Article I, Section 8; Sixteenth Amendment H.R. 974. A bill to amend titles 23 and 49, anniversary of his completion of ‘‘The By Mr. GRAYSON: United States Code, to establish national Apotheosis of Washington’’ in the eye of the H.R. 953. policies and programs to strengthen freight- dome of the Capitol, and for other purposes; Congress has the power to enact this legis- related infrastructure, and for other pur- to the Committee on Oversight and Govern- lation pursuant to the following: poses; to the Committee on Transportation ment Reform. Article I, Section 8, Clause 3 and Infrastructure. By Ms. NORTON: ‘The Congress shall have Power . . . To By Mr. WALZ (for himself, Mr. JONES, H. Res. 102. A resolution expressing the regulate Commerce with foreign Nations, Ms. TSONGAS, Mr. ROONEY, Ms. PIN- sense of the House of Representatives sup- and among the several States, and with the GREE of Maine, and Mr. DENHAM): porting the Federal workforce; to the Com- Indian Tribes.’ H.R. 975. A bill to amend title 10, United mittee on Oversight and Government Re- By Ms. BONAMICI: States Code, to extend the duration of the form. H.R. 954. Physical Disability Board of Review and to f Congress has the power to enact this legis- expand the authority of such Board to review lation pursuant to the following: the separation of members of the Armed PRIVATE BILLS AND Clause 1 of Section 8 of Article I of the Forces on the basis of a mental condition not RESOLUTIONS Constitution amounting to disability, including separa- Under clause 3 of rule XII, By Mr. RUSH: tion on the basis of a personality or adjust- H.R. 955. ment disorder; to the Committee on Armed Mr. MARKEY introduced a bill (H.R. 977) Congress has the power to enact this legis- Services. for the relief of Esther Karinge; which was lation pursuant to the following: By Mr. WOMACK (for himself, Mr. referred to the Committee on the Judiciary. Article I, Section 8, Clause 3 GRIFFIN of Arkansas, Mr. CRAWFORD, f ‘The Congress shall have Power . . . To Mr. COTTON, Mr. CONAWAY, Mr. HAR- CONSTITUTIONAL AUTHORITY regulate Commerce with foreign Nations, RIS, Mr. ADERHOLT, Mr. ROGERS of and among the several States, and with In- Alabama, Mr. KINGSTON, Mr. WEST- STATEMENT dian Tribes.’ MORELAND, Mr. JONES, Mr. Pursuant to clause 7 of rule XII of By Mr. KIND: MULVANEY, Mr. COLE, Mr. CRAMER, the Rules of the House of Representa- H.R. 956. Mr. SCALISE, and Mr. LONG): tives, the following statements are sub- Congress has the power to enact this legis- H.R. 976. A bill to declare that certain mitted regarding the specific powers lation pursuant to the following: agency actions by the National Labor Rela- Article I Section 8. tions Board shall have no force or effect granted to Congress in the Constitu- By Mrs. LUMMIS: until final disposition is made in certain ac- tion to enact the accompanying bill or H.R. 957. tions relating to the appointment of individ- joint resolution. Congress has the power to enact this legis- uals to such Board that are pending in Fed- By Mr. KING of Iowa: lation pursuant to the following: eral court, and to prohibit further actions by H.R. 946. Article IV, Section 3, Clause 2 such Board until such time; to the Com- Congress has the power to enact this legis- The Congress shall have Power to dispose mittee on Education and the Workforce. lation pursuant to the following: of and make all needful Rules and Regula- By Mr. KING of New York (for himself, This Act erases the forced-dues clauses in tions respecting the Territory or other Prop- Mr. MEEKS, Mr. STOCKMAN, Mr. the National Labor Relations Act (NLRA) erty belonging to the United States; and GRIMM, and Mr. BISHOP of New York): and Railway Labor Act (RLA). As such, this nothing in this Constitution shall be so con- H. Con. Res. 21. Concurrent resolution ex- bill makes specific changes to existing law in strued as to Prejudice any Claims of the pressing the sense of Congress that John Ar- a manner that returns power to the States United States, or of any particular State. thur ‘‘Jack’’ Johnson should receive a post- and to the People, in accordance with By Mr. LARSEN of Washington: humous pardon for the racially motivated Amendment X of the United States Constitu- H.R. 958. conviction in 1913 that diminished the ath- tion. Congress has the power to enact this legis- letic, cultural, and historic significance of By Mr. SCHOCK: lation pursuant to the following: Jack Johnson and unduly tarnished his rep- H.R. 947. As described in Article 1, Section 1 ‘‘all utation; to the Committee on the Judiciary. Congress has the power to enact this legis- legislative powers herein granted shall be By Mr. DUFFY (for himself and Mr. lation pursuant to the following: vested in a Congress.’’ MICHAUD): The constitutional authority on which this By Mr. WHITFIELD: H. Res. 97. A resolution expressing the bill rests is the power of Congress as stated H.R. 959. sense of the House of Representatives that in Article I, Section 7 and Article I, Section Congress has the power to enact this legis- the Federal Government should take all ap- 8 of the United States Constitution. lation pursuant to the following: propriate measures to ensure that citizens By Mr. REED: Article I, Section 8, Clause 3 continue to be provided with paper-based in- H.R. 948. The Congress shall have Power To regulate formation, products and services, and public Congress has the power to enact this legis- Commerce with foreign Nations, and among notices while providing, where appropriate, lation pursuant to the following: the several States, and with the Indian the ability for all citizens to opt-in to elec- Article I, Section 8, Clause 1 of the United Tribes. tronic delivery if they so choose; to the Com- States Constitution, to ‘‘provide for the com- By Mr. GRIMM: mittee on Oversight and Government Re- mon Defence and general Welfare of the H.R. 960. form. United States.’’ Congress has the power to enact this legis- By Mr. GOSAR (for himself, Mr. BROUN By Mr. RAHALL: lation pursuant to the following: of Georgia, Mr. COFFMAN, Mr. CON- H.R. 949. Article I, section 8, clause 1; and Article I, AWAY, Mr. FRANKS of Arizona, Mr. Congress has the power to enact this legis- section 8, clause 3 GRIFFITH of Virginia, Mr. LANCE, Mr. lation pursuant to the following: By Mr. LYNCH: LONG, Mr. MICA, Mr. SALMON, Mr. Article I, Section 8, Clause 3 and Clause 18 H.R. 961. STIVERS, Mr. PALAZZO, and Mr. WEST- of the Constitution. Congress has the power to enact this legis- MORELAND): By Mr. FARENTHOLD: lation pursuant to the following: H. Res. 98. A resolution expressing support H.R. 950. Article I, Section 8, Clause 18 for Israel and its right to self-defense against Congress has the power to enact this legis- By Mrs. DAVIS of California: the illegal nuclear program by the Islamic lation pursuant to the following: H.R. 962.

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Congress has the power to enact this legis- have Power to make all Laws which shall be H.R. 366: Ms. ESTY, Mr. DUFFY, Ms. lation pursuant to the following: necessary and proper for carrying into Exe- VELA´ ZQUEZ, Mr. POLIS, Mr. CONNOLLY, Ms. Article I, Section 8 cution the forgoing Powers, and all other BONAMICI, and Mr. CA´ RDENAS. By Ms. DEGETTE: Powers vested by this Constitution in the H.R. 367: Mr. FARENTHOLD. H.R. 963. Government of the United States or in any H.R. 445: Mr. LOEBSACK and Mr. BRALEY of Congress has the power to enact this legis- Department or Officer thereof. Iowa. lation pursuant to the following: By Mr. SENSENBRENNER: H.R. 503: Mr. SESSIONS and Mr. STIVERS. Article I, Section 8, Clause 3 of the United H.R. 973. H.R. 519: Mr. LARSEN of Washington, Ms. States Constitution and Article I, Section 8, Congress has the power to enact this legis- SLAUGHTER, and Mr. JOHNSON of Georgia. Clause 18 of the United States Constitution. lation pursuant to the following: H.R. 523: Mr. FRELINGHUYSEN and Mr. By Ms. DEGETTE: Article I, Section 7 of the U.S. Constitu- YODER. H.R. 964. tion, which provides that ‘‘All bills for rais- H.R. 543: Mr. REED, Mr. NUGENT, Mr. Congress has the power to enact this legis- ing Revenue shall originate in the House of O’ROURKE, Mr. GUTHRIE, and Mr. SEAN PAT- lation pursuant to the following: Representatives; but the Senate may propose RICK MALONEY of New York. Amendment X to the Constitution of the or concur with amendments as on other H.R. 544: Mr. COTTON and Mr. PITTENGER. United States. Bills.’’ H.R. 565: Mr. MCGOVERN. By Mr. GUTIERREZ: By Mr. SIRES: H.R. 567: Mr. GRAVES of Georgia. H.R. 965. H.R. 974. H.R. 569: Mr. GRIFFIN of Arkansas. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 570: Mr. GRIFFIN of Arkansas and Mr. lation pursuant to the following: lation pursuant to the following: RAHALL. Article I, Section 8, Clause 3 of the United This bill is enacted pursuant to the power H.R. 594: Mr. LOEBSACK, Mr. LUETKEMEYER, States Constitution. granted to Congress under Article I, Section Mr. TIERNEY, Mr. SMITH of Washington, Mr. By Ms. HANABUSA: 8, Clause 3 of the United States Constitution. SAM JOHNSON of Texas, Mr. WITTMAN, and H.R. 966. By Mr. WALZ: Mr. KIND. Congress has the power to enact this legis- H.R. 975. H.R. 599: Mr. CONYERS. lation pursuant to the following: Congress has the power to enact this legis- H.R. 609: Mr. PRICE of North Carolina. Clause 4 of Section 8 of Article I of the lation pursuant to the following: H.R. 616: Mr. CICILLINE and Mr. LARSEN of Constitution, which grants Congress the Article I, Section 8, Clause 14 Washington. power ‘‘[t]o establish an uniform Rule of To make rules for the Government and H.R. 621: Mr. STIVERS and Mr. LONG. Naturalization . . . throughout the United Regulation of the land and naval Forces. H.R. 627: Mr. DINGELL. States.’’ By Mr. WOMACK: H.R. 628: Mr. RAHALL and Ms. SCHAKOWSKY. By Mrs. LUMMIS: H.R. 976. H.R. 633: Mr. POLIS. H.R. 967. Congress has the power to enact this legis- H.R. 636: Ms. JACKSON LEE, Mr. PAYNE, Mr. Congress has the power to enact this legis- lation pursuant to the following: KEATING, Ms. ESHOO, Mr. SWALWELL of Cali- lation pursuant to the following: Article 1, Section 8 of the United States fornia, Mr. GALLEGO, Mrs. CHRISTENSEN, and Article I, Section 8, Clause 3 ‘‘To regulate Constitution Ms. SPEIER. commerce with foreign Nations, and among By Mr. MARKEY: H.R. 647: Mr. KEATING, Mr. BARLETTA, Mr. the several States, and with the Indian H.R. 977. HIMES, Mr. LANGEVIN, and Mr. PAYNE. Tribes;’’ and Article I, Section 8, Clause 18 Congress has the power to enact this legis- H.R. 650: Mr. GENE GREEN of Texas, Ms. ‘‘To make all Laws which shall be necessary lation pursuant to the following: CLARKE, and Mr. CARSON of Indiana. and proper for carrying into Execution the Clause 3 of Section 8 of Article 1 of the H.R. 656: Mr. STIVERS. foregoing Powers, and all other Powers vest- Constitution and Clause 4 of Section 8 of Ar- H.R. 670: Mr. SABLAN. ed by this Constitution in the Government of ticle 1 of the Constitution. H.R. 696: Ms. TITUS. the United States, or in any Department or f H.R. 725: Mr. MCGOVERN, Ms. DELAURO, Mr. Officer thereof.’’ SCOTT of Virginia, and Mr. PRICE of North By Ms. MATSUI: ADDITIONAL SPONSORS Carolina. H.R. 968. Under clause 7 of rule XII, sponsors H.R. 730: Mr. OWENS. Congress has the power to enact this legis- H.R. 749: Mrs. MILLER of Michigan, Ms. lation pursuant to the following: were added to public bills and resolu- TSONGAS, Mr. KING of Iowa, Mr. JONES, Mr. Article 1, Section 8, Clause 3 tions as follows: WELCH, and Mr. LONG. By Mr. PRICE of Georgia: H.R. 104: Mr. GERLACH, Mr. WENSTRUP, and H.R. 755: Ms. BROWNLEY of California, Mr. H.R. 969. Mr. ROSS. DUFFY, Mrs. ROBY, Mr. LANCE, Mr. GRIJALVA, Congress has the power to enact this legis- H.R. 146: Mr. FRELINGHUYSEN. and Mr. RUSH. lation pursuant to the following: H.R. 163: Mr. KILDEE. H.R. 769: Mr. PASTOR of Arizona, Ms. BASS, Current law has created an unconstitu- H.R. 164: Mr. RUSH, Mr. JONES, and Mr. Mr. YARMUTH, Mr. GUTIERREZ, Mr. WATT, Mr. tional regulatory structure over the health THOMPSON of Pennsylvania. BRADY of Pennsylvania, Mr. BISHOP of Geor- care system. In order to make this system H.R. 176: Mr. STIVERS and Mr. NUNNELEE. gia, Mr. COHEN, Mr. BRALEY of Iowa, Ms. more compatible with a proper Constitu- H.R. 182: Mr. HIGGINS and Mr. SCHIFF. TITUS, Mr. THOMPSON of Mississippi, Ms. CAS- tional structure, this bill will ensure that H.R. 184: Mr. LIPINSKI and Mr. PETERS of TOR of Florida, Mr. BISHOP of New York, Mr. there is less regulation impeding the doctor- Michigan. VARGAS, Mr. BUTTERFIELD, Ms. VELA´ ZQUEZ, patient relationship. H.R. 207: Mr. CARTER, Mr. STUTZMAN, and and Mr. PAYNE. By Mr. MICHAUD: Mr. YODER. H.R. 792: Mr. HOLDING, Mr. NUGENT, and H.R. 970. H.R. 236: Ms. ESTY. Mr. ROGERS of Kentucky. Congress has the power to enact this legis- H.R. 274: Ms. TSONGAS, Mr. SCOTT of Vir- H.R. 794: Mr. WITTMAN. lation pursuant to the following: ginia, and Ms. SLAUGHTER. H.R. 795: Mr. YOHO. Article I, Section 8, Clause 1 of the United H.R. 285: Mr. CLEAVER. H.R. 798: Mr. PETERS of Michigan, Mr. KEN- States Constitution. H.R. 292: Mr. CONNOLLY. NEDY, Mr. CICILLINE, Ms. FUDGE, Mr. LEVIN, By Mr. PAULSEN: H.R. 300: Mr. FRELINGHUYSEN, Mr. TIPTON, Mr. SCOTT of Virginia, Mr. MCDERMOTT, Mr. H.R. 971. and Mr. SEAN PATRICK MALONEY of New NADLER, Ms. BONAMICI, Mr. COURTNEY, Mr. Congress has the power to enact this legis- York. FARR, Ms. TSONGAS, Mr. PAYNE, Mr. ENYART, lation pursuant to the following: H.R. 303: Mr. STEWART, Mrs. MCCARTHY of Mr. YARMUTH, Ms. WILSON of Florida, Mrs. Article 1 Section 8 New York, Ms. BROWNLEY of California, Mr. DAVIS of California, Mr. ANDREWS, and Mr. By Mr. AUSTIN SCOTT of Georgia: JONES, Mr. PEARCE, Mr. BURGESS, and Mr. POLIS. H.R. 972. O’ROURKE. H.R. 800: Mr. GARDNER, Mr. RUSH, Mr. Congress has the power to enact this legis- H.R. 311: Mr. ALEXANDER. CROWLEY, Mr. MEEKS, Mr. MARCHANT, Mr. lation pursuant to the following: H.R. 318: Mr. REED. SCHOCK, and Mr. ISRAEL. Article I, Section 8, Clause 1: The Congress H.R. 329: Mr. LANCE. H.R. 807: Mr. PITTS, Mr. POSEY, Mr. BARR, shall have Power to lay and collect Taxes, H.R. 334: Mr. STIVERS. Mr. OLSON, Mrs. BLACK, Mr. GRIFFIN of Ar- Duties, Imposts and Excises, to pay the H.R. 338: Mrs. CHRISTENSEN. kansas, Mr. BROUN of Georgia, Mr. YODER, Debts and provide for the common Defence H.R. 346: Mr. JORDAN, Mr. KLINE, Mr. ROO- Mr. STUTZMAN, Mr. LONG, and Mr. and general Welfare of the United States; but NEY, Mr. LABRADOR, Mr. WENSTRUP, Mr. PITTENGER. all Duties, Imposts and Excises shall be uni- CRAMER, and Mr. YOHO. H.R. 824: Mr. HUIZENGA of Michigan and form throughout the United States. Article H.R. 351: Mr. YODER, Mr. MESSER, and Mr. Mr. ROE of Tennessee. I, Section 8, Clause 18: The Congress shall HASTINGS of Washington. H.R. 826: Mr. FINCHER.

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H.R. 828: Mr. RADEL and Mr. LANKFORD. MILLER of Michigan, Mr. LUETKEMEYER, Mr. H. Con. Res. 9: Mr. RODNEY DAVIS of Illi- H.R. 833: Mr. NUNNELEE, Mr. CONNOLLY, Mr. MARCHANT, and Mr. GRIMM. nois. GIBSON, Mrs. ROBY, Mr. STIVERS, Mr. H.R. 853: Mr. COSTA, Mr. VALADAO, Mr. H. Res. 30: Mr. MEEKS, Mr. JEFFRIES, Mr. PITTENGER, Mr. CRAWFORD, Ms. PINGREE of VARGAS, Mr. BILIRAKIS, Mr. DESANTIS, and SWALWELL of California, Mr. HECK of Wash- Maine, Mr. RUNYAN, Mrs. BACHMANN, Ms. Mr. MICA. ington, and Mr. RUSH. SINEMA, and Mr. SIMPSON. H.R. 879: Mr. STUTZMAN and Mr. WALDEN. H. Res. 49: Mr. SMITH of Washington. H.R. 839: Mr. HUNTER and Mr. SIRES. H.R. 890: Mr. GRIFFIN of Arkansas, Mr. H. Res. 71: Mr. COLE and Mr. LUCAS. H.R. 845: Mr. WELCH. RAVES OUNG G of Georgia, Mr. Y of Indiana, H. Res. 76: Mr. ROSKAM. H.R. 846: Mr. GIBSON, Mr. SIMPSON, Ms. Mr. PAULSEN, Ms. JENKINS, and Mr. H. Res. 86: Mr. BROUN of Georgia. SCHAKOWSKY, Mr. CROWLEY, Mr. BARLETTA, REICHERT. H. Res. 87: Mr. POSEY. Mr. RYAN of Ohio, Mr. WITTMAN, Mr. H.R. 900: Mr. JOHNSON of Georgia, Mr. H. Res. 94: Mr. BERA of California. PITTENGER, Mr. CASSIDY, and Mr. POE of CARTWRIGHT, Mr. ELLISON, Mr. GRIJALVA, Mr. Texas. PAYNE, and Mrs. CHRISTENSEN. H.R. 850: Mr. TIPTON, Ms. TITUS, Mr. BACH- H.R. 904: Ms. LORETTA SANCHEZ of Cali- f US, Mr. HUIZENGA of Michigan, Mr. MURPHY fornia, Mr. SCHOCK, Mr. KINZINGER of Illinois, of Pennsylvania, Mr. ROSKAM, Mr. FRELING- and Mr. CONNOLLY. DELETIONS OF SPONSORS FROM HUYSEN, Mr. SCHWEIKERT, Mr. NEUGEBAUER, H.R. 919: Mr. HOLT. Mr. LONG, Mr. STIVERS, Ms. HAHN, Mr. WAL- H.R. 928: Ms. DEGETTE. PUBLIC BILLS AND RESOLUTIONS DEN, Mr. GARRETT, Mr. WALBERG, Mr. WAX- H.R. 935: Mr. SIMPSON, Mr. RODNEY DAVIS Under clause 7 of rule XII, sponsors MAN, Mr. QUIGLEY, Mr. FRANKS of Arizona, of Illinois, and Mr. RIBBLE. were deleted from public bills and reso- Ms. BASS, Mr. DIAZ-BALART, Mr. FINCHER, H.J. Res. 4: Mr. PETERSON and Mr. MCIN- Mr. HULTGREN, Mr. PEARCE, Mr. BURGESS, TYRE. lutions as follows: Mr. RICE of South Carolina, Mr. BRADY of H.J. Res. 25: Mr. SWALWELL of California H.R. 423: Ms. ROS-LEHTINEN, Ms. SCHA- Pennsylvania, Mr. MARKEY, Mr. BARR, Mrs. and Mr. GENE GREEN of Texas. KOWSKY, and Mr. STIVERS.

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The Senate met at 10 a.m. and was say something on behalf of all the Sen- William Gladstone said something we called to order by the Honorable WIL- ators. all have repeated many times: ‘‘Justice LIAM M. COWAN, a Senator from the New Senators probably don’t know delayed is justice denied.’’ By that Commonwealth of Massachusetts. him as well as those who have been measure millions of Americans who here longer than the beginning of this rely on courts that are overworked and PRAYER year, but we are so fortunate to have understaffed are being denied the jus- The Chaplain, Dr. Barry Black, of- this good man leading the Senate in tice they rightly deserve. fered the following prayer: our spiritual activities. He leads the With 1 out of every 10 Federal judge- Let us pray. prayer every morning. We have a ships today vacant, Americans can no O Lord, our rock, You are our shield ‘‘Prayer Breakfast’’ every Wednesday. longer rely on fairness and speedy in the time of storm. We give You our And during that period of time when trials. More than one-half of the Na- hopes and dreams, knowing that You we don’t see him, he is out counseling tion’s population lives in a part of the know what is best for our Nation and people who work here, including indi- country that has been declared a judi- world. Lord, You know the numerous vidual Senators. cial emergency—more than one-half. challenges we face, so guide our Sen- During the last few years, my wife The high number of vacancies isn’t ators with Your wisdom. May integrity has been ill and has had a bad accident. due to a lack of qualified lawyers to and uprightness be the standards for He has been so in tune with her, mak- take these jobs; it is due, instead, to their conduct so that they will not dis- ing sure that we all are aware of how blatant partisanship. I am going to lay appoint You. Lift the light of Your well she is doing. She has had a great out in a few minutes what is remark- countenance upon them and be gra- recovery. able. cious to them. Give fresh strength and So on behalf of the whole Senate, I President Obama’s judicial nominees wisdom as You renew the drumbeat of extend my appreciation to this good have waited on average four times Your Spirit in their hearts, empow- man—a man who was born with very longer to be confirmed than those nom- ering them to march to the rhythm of little except a very good mother who inated by the second George W. Bush. Your righteousness. taught him early on—and had a very Even highly qualified nominees—nomi- We pray in Your holy Name. Amen. keen intellect—that with his mind he nees who are eventually confirmed unanimously or almost unanimously— f could accomplish a great deal. As far as memory, there is only one routinely wait for months to be con- PLEDGE OF ALLEGIANCE other person I have known in my life- firmed because of the delay tactics The Honorable WILLIAM M. COWAN led time who had a memory like his, and used by my Republican colleagues. the Pledge of Allegiance, as follows: that was Robert Byrd, the longtime Tomorrow we are going to consider I pledge allegiance to the Flag of the Senator from West Virginia. Chaplain highly qualified Caitlin Joan Halligan United States of America, and to the Repub- Black has a remarkable memory of not to be a D.C. circuit judge. She has been lic for which it stands, one nation under God, only all the Scriptures, Old and New waiting more than 2 years to be con- indivisible, with liberty and justice for all. Testament, but poems. He has an intel- firmed. She was nominated for the sec- f lect that is really amazing. ond time to fill a vacancy on the U.S. Court of Appeals for the D.C. Circuit. APPOINTMENT OF ACTING Again, I repeat, we are all so very This is a court that was formed some 65 PRESIDENT PRO TEMPORE fortunate that he is Chaplain of the Senate. years ago. It was done because the Su- The PRESIDING OFFICER. The f preme Court couldn’t do the cases— clerk will please read a communication they didn’t have time to do them, and to the Senate from the President pro SCHEDULE the circuit courts were overwhelmed tempore (Mr. LEAHY). Mr. REID. Mr. President, following with work they couldn’t do. The legislative clerk read the fol- leader remarks today, the Senate will Many consider the D.C. Circuit to be lowing letter: be in morning business until 11:45 a.m., just a tiny notch below the Supreme U.S. SENATE, with the majority controlling the first Court. In fact, PAT LEAHY, the chair- PRESIDENT PRO TEMPORE, 30 minutes and the Republicans con- man of the Judiciary Committee, said Washington, DC, March 5, 2013. trolling the second 30 minutes. yesterday many believe it is more im- To the Senate: Following morning business the Sen- portant than the Supreme Court be- Under the provisions of rule I, paragraph 3, ate will proceed to the consideration of cause they have such wide-ranging ju- of the Standing Rules of the Senate, I hereby risdiction. Once they make a decision, appoint the Honorable WILLIAM M. COWAN, a S. Res. 64, which is the committee Senator from the Commonwealth of Massa- funding resolution. At about 12:15 p.m. rarely does the Supreme Court take up chusetts, to perform the duties of the Chair. there will be a rollcall vote on Senator their cases. They consider complex ap- PATRICK J. LEAHY, PAUL’s amendment striking funding for peals of Federal regulations, among President pro tempore. the National Security Working Group. other things, and have jurisdiction Mr. COWAN thereupon assumed the Following the vote the Senate will be over vital national security challenges. chair as Acting President pro tempore. in recess until 2:15 p.m. to allow for the It is also one of the many courts in crisis across the country. Mr. Presi- f weekly caucus meetings. As a reminder, I filed cloture on the dent, 36 to 37 percent of the D.C. Cir- RECOGNITION OF THE MAJORITY nomination of Caitlin Halligan to be cuit seats are vacant. There are four LEADER U.S. circuit judge for the D.C. Circuit, vacancies now. The last appointment The ACTING PRESIDENT pro tem- and I will discuss that in just a few to the D.C. Circuit was made in 2006. It pore. The majority leader is recog- minutes. We are going to vote on her is now 2013. In the years since the num- nized. tomorrow. ber of pending cases per judge has f f grown to almost 200 from a little over 100. THE CHAPLAIN NOMINATIONS When Ms. Halligan was nominated to Mr. REID. Mr. President, before the Mr. REID. Mr. President, four-time the D.C. Circuit in 2010, she was nomi- Chaplain leaves the Chamber, I want to Prime Minister of the United Kingdom nated to fill one of two vacancies.

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

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.000 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2362 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 March 5, 2013 Many Republicans said they voted She has outstanding credentials, Washington continues to careen need- against her then because there was no strong support from lawyers, a vast lessly from crisis to crisis. need; the D.C. Circuit had enough number of Republicans, former judges, And that is why we find ourselves in judges. Now it is four short. law enforcement officials, and more a situation where more than 1,400 days More than 2 years after she was first than 20 former Supreme Court clerks have passed since Senate Democrats turned down, her nomination is again from across the political spectrum. last passed a budget. What a sad state before the Senate, and the D.C. Circuit She graduated with honors from of affairs for our country, and for the has four empty seats. The last time the Princeton and Georgetown Law School. notion of governance in general. Senate considered Ms. Halligan’s nomi- She clerked for Justice Patricia Wald, Every year House Republicans have nation, some of my Republican col- whom I just quoted, and this woman passed budgets that seriously address leagues claimed the D.C. Circuit didn’t was a judge in the D.C. Circuit for 20 the transcendent challenge of our time: need any more judges, so they filibus- years, 5 years as a chief judge. putting runaway Washington spending tered the confirmation. No one could If a truly exceptional candidate such and debt on a sustainable path so we credibly make that argument today. If as Caitlin Halligan isn’t qualified to be can create jobs and grow the economy. my Republican colleagues choose to fil- a judge in the United States, I don’t Meanwhile, Democrats have followed ibuster her confirmation a second time, know who would be. I think it is very the President’s lead, focusing on the their naked partisanship will certainly delicate ground Republicans are walk- next campaign to the exclusion of all be exposed. ing on if they think they can filibuster else. But it is not just Senate Democrats For example, Patricia Wald, who this woman and get away with it. It who have been missing in action. The served on that court for 20 years—for 5 would be wrong. If they don’t like her, President has been late submitting his years she was the chief judge—said of vote against her. own budget outline nearly every single the confirmation process: Mr. President, I suggest the absence of a quorum. year. The constitutional system of nomination He has already missed this year’s and confirmation can work only if there is The ACTING PRESIDENT pro tem- pore. The clerk will call the roll. deadline by more than a month. good faith on the part of both the president Just last week we learned the Presi- and the Senate to move qualified nominees The legislative clerk proceeded to along, rather than withholding consent for call the roll. dent will submit his budget after the political reasons. Mr. MCCONNELL. Mr. President, I House and the Senate have passed their own budgets and have gone home for For example, if someone doesn’t want ask unanimous consent that the order Passover and Easter. That goes far be- to vote for her, tell them to vote no. for the quorum call be rescinded. The ACTING PRESIDENT pro tem- yond the pale of just missing deadlines. Have them vote no. I invite them to Look, the American people are tired vote no. But don’t stop her from having pore. Without objection, it is so or- dered. of the delays and the excuses. It is time an up-or-down vote. for the President to get his budget plan f I was very troubled with Justice over to us. Not next week or next Thomas, who was then a circuit court RECOGNITION OF THE MINORITY month, but now. And this time, it judge. A decision had to be made by me LEADER should be serious—it should root out and many others: Should we allow Jus- The ACTING PRESIDENT pro tem- waste and inefficiency instead of kick- tice Thomas an up-or-down vote? The pore. The Republican leader is recog- ing the can further down the road. decision was made, yes, we should. He nized. The budget blueprint he sent us last barely made it. He got 2 or 3 votes f year was so roundly ridiculed for its more than 50. It would have been so fiscal gimmickry and its massive tax easy to stop that nomination, but it REGULAR ORDER hikes that, when it came to a vote in would have been the wrong thing to do. Mr. MCCONNELL. Mr. President, the Senate, his own party joined Re- As bad as I feel he has been as a jurist, back in November the American people publicans in voting it down 99 to 0. it doesn’t matter. He should have had sent a divided government to Wash- In the House, it was rejected unani- the ability to have an up-or-down vote. ington. I know this is not the outcome mously. Even the President’s most lib- A Republican President sent that name that President Obama had hoped for. I eral allies couldn’t defend it. forward, and he was entitled to a vote. know he wanted complete control of So we are counting on the President That was a decision I and many other Washington, just like he had the first 2 to get serious this time. And we are Democratic Senators made. years of his Presidency. counting on Senate Democrats to stop If my Republican colleagues don’t Still, it was surprising to me—and I relying on Republicans to bail them like this woman, for whatever reason, think to a lot of other people around out of their irresponsibility and habit- vote against her. Don’t stop her from here—to learn over the weekend that ual legislative tardiness. having an up-or-down vote. A second among the first calls the President But the broader point is this: Presi- partisan filibuster of this highly quali- made after his acceptance speech on dent Obama and his Senate Democratic fied nominee by my Republican col- election day had to do with ginning up allies will have plenty of time to cam- leagues would be in very bad faith. I re- another campaign. paign next year. The American people peat: If for some reason you don’t like The President wasn’t focused on solv- are exhausted after all these years of her, vote against her. Don’t stop her ing the problems that middle-class campaigning, and they expect Demo- from having a vote. families face today but how to get a cratic leaders now to finally work with One qualified, consensus judicial Democratic Speaker of the House 2 the divided Congress they elected to nominee ought to be treated as another years down the road. That was the mes- get things done. As I have said before, regardless of the political party of the sage he sent to top House Democrats. the President has to figure out how to President who made the nomination. Since then, the President, along with govern with the situation he has, not President Obama is the only Presi- his Washington Democratic allies, has the one he wishes he had. That is what dent in 65 years—since this court was expended enormous amounts of energy being President is all about. formed—to not have a single person to advance that goal—rebooting his po- It is time to return to actually solv- put on the D.C. Circuit. That is how litical organization, provoking manu- ing problems—in other words, to legis- important this court is, and this is how factured crises with Congress, engi- late the way we are supposed to around Ms. Halligan and others have been sty- neering show votes in the Senate, and here: with transparency, with public mied from getting on this court. traveling around the country to cam- input, and with sufficient time to de- It is not because President Obama’s paign relentlessly against his oppo- velop sound policy. That is especially nominees are anything but totally nents. true when it comes to dealing with the qualified. Ms. Halligan’s colleagues That is why the sequester went into most controversial issues in Wash- have called her a brilliant legal mind. effect in its current form. That is why ington. Whether it is the budget or tax

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.000 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD March 5, 2013 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 2363 reform or health care, we end up with The ACTING PRESIDENT pro tem- because these paperwork offenses are better outcomes when we legislate in pore. Without objection, it is so or- not taken that seriously by the court. the light of day and not in some back dered. The new law we have written will be room. Mr. DURBIN. Mr. President, I ask taken seriously. For instance, the Senate majority consent to speak in morning business. The cases, as they stand now, are should be allowing us to mark up bills The ACTING PRESIDENT pro tem- hard to prove and have little jury ap- so that Members with expertise in a pore. The Senate is in morning busi- peal. Even a conviction usually results certain issue area can contribute to the ness. in a very small sentence under the cur- legislative process in the most con- The Senator is recognized. rent law. The reality is that straw pur- structive and transparent way possible. f chasers think they can make a fast $50 When bills do reach the floor, the or more by buying a gun from some- STOP ILLEGAL TRAFFICKING OF Senate majority should allow Members body else, and that the consequences FIREARMS ACT of both parties the chance to represent are not that great. We need to change the voices of their constituents by of- Mr. DURBIN. Mr. President, yester- this equation. fering amendments in an open process. day the Senate took an important step At the hearing I chaired in the Judi- And when the House sends us bills, forward when it comes to keeping guns ciary Committee’s Constitution Sub- the Senate majority should actually out of the hands of criminals. Senator committee on February 12, we heard take some of them up every once in a PAT LEAHY, chairman of the Judiciary powerful testimony from Sandra while. Committee, introduced bipartisan leg- Wortham from the South Side of Chi- The leadership won’t agree with ev- islation to finally crack down on the cago. Her brother, a Chicago police of- erything the House passes; but that is straw purchasing and illegal traf- ficer, Tom Wortham IV, was murdered okay. If the Senate passes a different ficking of firearms. I was happy to join in 2010 by gang members with a hand- version of a bill, we can work out our in introducing this bill. It is a bipar- gun that had been straw purchased and differences through the legislative tisan group of Senators, including Sen- trafficked to Chicago from Mississippi. process. ator KIRSTEN GILLIBRAND, Senator Almost 1 out of 10 crime guns in Chi- That is how Congress is supposed to SUSAN COLLINS, and my colleague from cago come from Mississippi. We ask function, even though it’s not at all Illinois, Senator MARK KIRK. Chairman why. Because the standards for sales how the Senate has functioned re- LEAHY’s legislation combined a straw are lax in Mississippi, and straw pur- cently. purchasing bill he and I introduced ear- chasers know they can fill the trunk of I know Washington Democrats’ most lier this year together with a gun traf- a car with these purchased weapons important priority right now is getting ficking bill on which Senators GILLI- and head to the Windy City and sell Nancy Pelosi her old job back in 2014. BRAND and KIRK had been working. We them on the streets to thugs and drug But that is not what Americans want— sat down with Senator COLLINS and gangs. Then, of course, they result in and that is why Washington has be- crafted a new bill, the Stop Illegal tragedy. come so dysfunctional. Trafficking of Firearms Act. It is im- The gang members who killed Officer The American people, including my portant legislation, and the need for it Wortham were not allowed to buy a constituents in Kentucky, expect them is very clear. handgun from a dealer because of their to get off the hustings and work with I have met a number of times in re- age and criminal records, but it was Members of both parties to address the cent months with law enforcement real easy to get a straw purchased gun most serious challenges facing our leaders in Chicago and across my on the street. According to an inves- country. The public is tired of the man- State. I asked them what Congress can tigative report by the Chicago Tribune, ufactured crises, the poll-tested gim- do to help better protect our commu- the man who straw purchased the gun micks, and the endless campaigning. nities and our children, and one thing I that killed Officer Wortham did so for They expect and deserve better than kept hearing over and over again was a quick $100. The Tribune said he gave that. that we needed to crack down on straw little thought to what he was doing. ‘‘I Mr. President, I yield the floor. purchases. Time after time, law en- didn’t even know what ATF stood for,’’ f forcement agencies say, criminals and the straw purchaser said to the Trib- gang members commit crimes with une. RESERVATION OF LEADER TIME guns they purchased through others. That was the gun that was used to The ACTING PRESIDENT pro tem- A typical straw purchase happens kill Officer Wortham, a veteran of two pore. Under the previous order, the when someone who legally can pur- combat tours in Iraq, a leader in his leadership time is reserved. chase a weapon and pass a background community, one of Chicago’s finest, f check buys a gun on behalf of someone and he was gunned down in front of his who cannot pass that same background parents’ home. His father was a retired MORNING BUSINESS check. When a straw purchaser buys Chicago police officer. The ACTING PRESIDENT pro tem- from a licensed gun dealer, the pur- We need to send a message to those pore. Under the previous order, the chaser falsely claims on the Federal who think that straw purchasing might Senate will be in a period of morning sale form that he is the actual buyer of be an easy way to make a quick buck. business until 11:45 a.m., with Senators the gun. Under current law, it is illegal As Sandra Wortham said at our hear- permitted to speak therein for up to 10 to lie and buy a gun this way, but the ing: minutes each, with the time equally di- only charge a Federal prosecutor can We need to do more to keep guns out of the vided and controlled between the two bring is for knowingly making a false wrong hands in the first place. I don’t think leaders or their designees, with the ma- statement on a Federal form—an of- that makes us anti-gun, I think it makes us jority controlling the first 30 minutes fense which dramatically understates pro-decent law abiding people. and the Republicans controlling the the gravity of the situation. I agree with Sandra Wortham. We second 30 minutes. We have had several hearings in the can take steps consistent with the Con- Mr. MCCONNELL. I suggest the ab- Senate Judiciary Committee, including stitution and the Second Amendment sence of a quorum. one I chaired on February 12, where to crack down on straw purchases and The ACTING PRESIDENT pro tem- U.S. attorneys have testified that these gun-trafficking schemes that provide pore. The clerk will call the roll. paperwork prosecutions are wholly in- criminals with guns, and that is what The legislative clerk proceeded to adequate as a deterrent for straw pur- this bill does. call the roll. chasing. Some of the critics even on The bill we introduced yesterday will Mr. DURBIN. Mr. President, I ask my Senate Judiciary Subcommittee create a tough Federal crime to punish unanimous consent that the order for panel said: Why don’t you prosecute and deter straw purchasing. It says the quorum call be rescinded. more? The U.S. attorneys told us it’s that if a straw purchaser buys a gun

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.000 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2364 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 March 5, 2013 from a licensed dealer on behalf of portunity to confirm the nomination of bench. All she has done throughout her someone else, the buyer will face the Caitlin Halligan to serve on the Court career is serve as an excellent lawyer prospect of significant jail time for up of Appeals for the D.C. Circuit. In on behalf of her clients. to 15 years. They will face hard time doing so, we can correct a mistake the When Ms. Halligan was filibustered for a Federal crime. The same penalty Senate made in the last Congress. in 2011, some of my Republican col- applies to straw purchasers who buy a Ms. Halligan is an extraordinarily leagues cited two main arguments gun from a private seller on behalf of well-qualified nominee. She has the in- against her. First, they claimed the someone he knows or is has reasonable tellect, experience, temperament to be D.C. Circuit didn’t need another judge cause to believe is a prohibited pur- an outstanding Federal appellate since they could handle the workload chaser. judge. with eight judges. The D.C. Circuit The legislation also creates a sepa- On December 6, 2011, Caitlin may have had eight judges in 2011, but rate Federal offense for firearms traf- Halligan’s nomination was stopped by now there are only seven, so that argu- ficking, which is when someone trans- a filibuster by Republican Senators. ment doesn’t hold. ports or transfers firearms to another Forty-five Republicans voted against Second, Republicans claim that when when he knows or has reasonable cause the cloture motion on her nomination, Ms. Halligan was solicitor general of to believe that transfer violates Fed- thus denying Ms. Halligan an up-or- New York, she advocated positions in eral law. The bill provides for increased down vote. That killed her nomination litigations that they, the Republicans, penalties if the trafficker was a leader for that Congress. disagreed with. Is that the standard, of an organized gang. She has now been renominated in that a lawyer represented a client with Cracking down straw purchasing and this Congress for the D.C. Circuit, and a position that might not be the law- gun trafficking will help shut down the the court needs her. Right now there yer’s personal position or a Senator’s pipeline of guns into cities such as Chi- are only seven active status judges on cago, where gang members use them on personal position? It has been a few the D.C. Circuit. There are supposed to almost a daily basis to commit terrible years since I represented clients, but I be 11. Four seats are vacant, including crimes. believe that under our system of legal This section of our bill is named in one vacancy that opened just last representation, that is not the stand- honor of Hadiya Pendleton, the 15- month. This is untenable. ard; that lawyers must only represent year-old girl in Chicago who was shot Retired D.C. Circuit Judge Patricia those people they agree with. and killed by alleged gang members in Wald has served as chief judge of the In our system of law, the system January just days after she attended circuit for 5 years. She wrote in the where the scales of justice are held by the inauguration of the President of Washington Post last month that: the lady with the blindfold, we are sup- the United States here in Washington. There is cause for extreme concern that posed to give justice to both sides and Both Senator KIRK’s hope and mine is Congress is systematically denying the court hope at the end of the day the system that these reforms—once signed into the human resources it needs to carry out its serves us. weighty mandates. law—will help prevent gang shootings Ms. Halligan advocated positions at and other gun crimes in the future. It is time to address this vacancy sit- the direction of her client, which hap- It is time to move forward on this uation by giving Ms. Halligan an up-or- pened to be the State of New York. In legislation and on other commonsense down vote and confirming her nomina- the American legal tradition, lawyers proposals that will reduce the epidemic tion. She is eminently qualified. She are not supposed to be held to the of gun violence in America. This graduated from Princeton University views of their clients. Thursday, the Senate Judiciary Com- and the Georgetown University School As Chief Justice John Roberts said mittee will take up this bipartisan leg- of Law where she served as managing during his confirmation hearing—and I islation that was introduced yesterday. editor of the law review. She clerked remember this: I hope we can pass it out quickly with for Supreme Court Justice Stephen It is a basic principle in our system that a strong bipartisan vote. Breyer. She served for 7 years as solic- lawyers represent clients and you do not as- I also look forward to voting in com- itor general for the State of New York, cribe the position of a client to the lawyer. mittee for bills to improve our system representing that State in a broad It’s a position that goes back to John Adams of criminal background checks and to range of litigation. She currently and the Revolution. stop the flood of new military-style serves as general counsel at the New Those who read the book about John and high-capacity magazines onto our York County district attorney’s office. Adams often wonder how this man be- streets. It is time for Congress to move She has argued five cases before the came President of the United States forward with these measures to reduce U.S. Supreme Court and served as after representing British soldiers at a gun violence. These proposals will not counsel in dozens more cases in that massacre in the city of Boston. stop every shooting in America—no same Court. The American Bar Asso- Ms. Halligan should not be filibus- proposal can—but they will save lives ciation has given her a unanimous tered because she represented clients if we put them into effect. ‘‘well-qualified’’ rating to serve on the with whom some Senators don’t always I again thank my colleagues Chair- Federal bench. agree. man LEAHY, Senator KIRK, Senator Ms. Halligan’s legal views are well The bottom line is this: Our country GILLIBRAND, and Senator COLLINS for within the political mainstream. She needs excellent judges serving on the collectively joining together to make has received widespread support from Federal bench. If qualified mainstream sure this legislation moves forward. I across the political spectrum. For ex- judicial nominees cannot be considered think we can do something important, ample, the National District Attorneys fairly by the Senate on their merits, on a bipartisan basis, to make our Association, the prosecutors, said she then good lawyers are going to stop streets, schools, and communities safer ‘‘would be an outstanding addition’’ to putting their name in for consider- across America. I ask unanimous consent that my fol- the D.C. Circuit. She also has the sup- ation. Maybe that is the ultimate goal lowing statement be placed in a sepa- port of law enforcement organizations on the other side by some of the Sen- rate part of the RECORD. and prominent conservative lawyers. ators who object to Ms. Halligan. The ACTING PRESIDENT pro tem- There is simply nothing in her back- Why would a top-notch lawyer volun- pore. Without objection, it is so or- ground that constitutes the ‘‘extraor- teer to go through a long, excruciating dered. dinary circumstances’’ that the so- judicial confirmation if the lawyer is called Gang of 14 said we are supposed only going to be filibustered at the end f to use as a standard to justify a fili- for reasons that don’t have a thing to NOMINATION OF CAITLIN buster. There are no—repeat no—legiti- do with their qualifications? We are HALLIGAN mate questions about Ms. Halligan’s going to end up with a Federal bench Mr. DURBIN. Mr. President, this competence or ethics or temperament that is either empty or lacks the excel- week the Senate is going to have an op- or ideology or fitness to serve on the lence we should require.

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.000 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD March 5, 2013 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 2365 Caitlin Halligan deserves an up-or- faces—the biggest problem according gress around the country about the down vote on the merits. The Senate to the former Chairman of the Joint League of Nations and lost. made a mistake in denying her that Chiefs of Staff, the biggest problem ac- Or Senator Howard Baker used to tell vote in 2011. Let’s correct that mistake cording to the President’s own debt the story of how, when Senator Everett this week. She has clearly dem- commission—the out-of-control auto- Dirksen, the Republican leader, would onstrated she can serve the D.C. Cir- matic spending increases that are in not go down to the White House and cuit with distinction. She deserves that the Federal budget. have a drink with President Johnson in chance on the merits. So we are left today with a seques- 1967, President Johnson showed up with I yield the floor and suggest the ab- ter—automatic spending decreases his beagles in the Republican leader’s sence of a quorum. which are the result of the automatic office and said: Everett, if you won’t The ACTING PRESIDENT pro tem- spending increases in entitlements the come have a drink with me, I am here pore. The clerk will call the roll. President is unwilling to confront. We to have a drink with you. The legislative clerk proceeded to are slashing the part of the budget that I am not here to advocate having call the roll. is basically under control. It is growing drinks, but I am here to suggest that The ACTING PRESIDENT pro tem- at about the rate of inflation. I am when they disappeared into the back pore. The Senator from Tennessee. talking about national defense, na- room together for 45 minutes, that Mr. ALEXANDER. Mr. President, I tional parks, National Laboratories, played a big role in writing the Civil ask unanimous consent that the order Pell grants, and cancer research. All Rights Act of 1968 because it was writ- for the quorum call be rescinded. that is growing at about the rate of in- ten in Everett Dirksen’s Republican The ACTING PRESIDENT pro tem- flation. We are slashing that part of leader office right down the hall, at the pore. Without objection, it is so or- the budget because the President does request of the Democratic President of dered. not want to challenge his own party on the United States. Mr. ALEXANDER. Mr. President, I the part of the budget that is out of And Senator HARKIN—I do not think ask unanimous consent to speak for 10 control, growing at two or three times he will mind me telling the story about minutes and ask that the Chair let me the rate of inflation: Medicare, Med- the afternoon 20 years ago when he was in his office and he got a telephone call know when 9 minutes has elapsed. icaid, Social Security, and other enti- from President George H.W. Bush’s of- The ACTING PRESIDENT pro tem- tlements. pore. The Chair will do so. This is not how our Presidents usu- fice. Would he come down with a few other Congressmen? The President was f ally have acted when confronted with a great crisis. When President Johnson there for the afternoon. Mrs. Bush was SEQUESTRATION dealt with civil rights, he knew he in Texas. They spent an hour together, and the President showed them around. Mr. ALEXANDER. Mr. President, we would be terribly unpopular in Texas On the way out, Senator HARKIN said to remember President Lyndon Johnson’s and throughout the South. When Presi- President Bush: Mr. President, I don’t courage and skill in passing the Civil dent Nixon went to China, he knew Re- want to turn this into a business meet- Rights Act. We remember President publican conservatives would be angry ing, but one of your staff members is Nixon going to China. We remember with him. President Carter enraged slowing down the Americans with Dis- President Carter and the Panama many Americans by his support for the abilities bill. That conversation, Sen- Canal treaties. We remember President Panama Canal Treaty. President ator HARKIN says, changed things at Reagan fixing Social Security and Reagan made many seniors unhappy the White House and helped that bill to George H.W. Bush balancing the budget when he fixed Social Security. George by raising taxes. We remember Presi- pass. H.W. Bush probably lost the 1992 elec- Or Tip O’Neill, going into the Demo- dent Clinton and welfare reform. We re- tion when he raised taxes to balance cratic Caucus in the 1980s and being member President George W. Bush the budget. Bill Clinton was pilloried criticized by his fellow caucus mem- tackling immigration reform. If the by his own party when he worked with bers: Why are you spending so much history books were written today, we Republicans to reform welfare. George time with Ronald Reagan? Why are you would remember President Obama for W. Bush made many radio talk show fixing Social Security? He said: Be- the sequester. hosts very unhappy when he tried to cause I like him. Because I like him. This is unique in history. This is not change our immigration laws. Technology has changed a lot. But the way our Presidents usually conduct Why did they do it? They did it be- human nature has not. And relation- themselves. Here we have a policy that cause they were the President of the ships are essential in the Senate, in the was designed to be the worst possible United States, and that is what presi- White House, in politics, in church, in policy, and that may be what our tal- dents do. business, and all of our Presidents have ented, intelligent current President is Robert Merry, a biographer of Presi- known that you need to show respect remembered for. He is remembered for dent James K. Polk, told me recently to the people with whom you work if it because it comes from a process he that every great crisis in our country you are going to solve difficult prob- recommended, he signed into law, that has been solved by presidential leader- lems. That is why I am disappointed by he has known about for the last year, ship or not at all. Every great crisis in our talented President’s unwillingness that he has done nothing about except American history has been solved by to work with Congress. There is no to campaign around the country blam- presidential leadership or not at all. reaching out. ing others for it over the last month, Yet this president seems determined It was 18 months before he had his and he seems determined to keep it in not to exercise that sort of presidential first meeting with the Republican lead- law. leadership. So his presidential leader- er one on one. He has known for a year Now, for what reason could this be ship is a colossal failure, first, because the sequester was coming, but there possible? he will not respect this Congress and was no meeting with the Republican or Well, let’s go back to why the Presi- work with it in a way to get results Democratic leaders that I know about dent agreed to the sequester. He agreed that all of the presidents I just men- until the day it started. It is breaking to it in 2011 after suggesting the proc- tioned did. news when the President makes a tele- ess from which it came in order to get The New York Times had a very in- phone call to a Senate leader. And then $2.2 trillion in spending reductions so teresting story this Sunday about how the President spends his time running he could get a debt ceiling increase President Woodrow Wilson would come around the country taunting and heck- that lasted through the election. And down to the President’s Room right off ling the Members of Congress that he is he did it, for the second reason, be- the Senate and sit there three days a supposed to work with to get a result. cause he did not want to go against his week with the door open, and he got al- What kind of leadership is that? own party’s constituency in tackling most everything he proposed passed, I started in 1969 working in congres- the biggest problem our country until he went over the heads of Con- sional relations for a President of the

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.000 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2366 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 March 5, 2013 United States. I have worked with or When part of the budget is growing the most meteoric rise in American history, for eight. I have never seen anything at two to three times inflation and the before or since. In 1910, Wilson was the presi- like it in my life. rest is growing at about the rate of in- dent of a small men’s college in New Jer- I have been a governor. That is small flation, it is obvious which part we sey—his alma mater, Princeton. In 1912, he won the presidency. (He made a brief stop in potatoes compared to being a presi- need to work on. between as governor of New Jersey.) Over dent. I know that. But I worked with a It may be the President does not like the next eight years, Wilson advanced the Democratic legislature, and I guar- some of us. Well, President Eisenhower most ambitious agenda of progressive legis- antee you, if I had taunted them and had that same feeling about Members lation the country had ever seen, what be- heckled them and criticized them, I of Congress. Someone asked him: Then came known as ‘‘The New Freedom.’’ To this never would have gotten anything how do you get along with them? He day, any president who wants to enact trans- passed to improve roads or schools or said: I look first at the office. I respect formative proposals can learn a few lessons get the auto industry into Tennessee. the office. I do not think about the per- from the nation’s scholar-president. son who occupies the office. With his first important piece of legisla- Instead, I would meet with them regu- tion, Wilson showed that he was offering a larly. I would listen to them. I would There are real victims here. In the short term with the sequester, there is sharp change in governance. He began his change my proposals based on what crusade with a thorough revision of the tariff they had to say. I would know they had cancer research, there are airline trav- system, an issue that, for decades, had only to go back into their caucuses and still elers, there are many people—the been discussed. Powerful legislators had long survive. I did not think about ever put- President has let us know about this— rigged tariffs to buttress monopolies and to ting them in an awkward position who are going to be hurt by this and be favor their own interests, if not their own when we were trying to get something inconvenienced. In the long term, if we fortunes. Wilson, a Democrat, thought an economic done. I tried to put them in a position do not deal with this No. 1 fiscal prob- lem we have, the real victims will be overhaul this audacious demanded an equal- to make it easier to get something ly bold presentation. Not since John Adams’s done. I changed my ideas and I could seniors who will not have all of their hospital bills paid in 11 years because final State of the Union speech, in 1800, had get a result. During elections we tried a president addressed a joint session of Con- to beat each other. Between elections the Medicare trustees have told us gress in person. But Wilson, a former pro- we sought to govern. Medicare will not be able to pay all of fessor of constitutional law (and still the na- This is all made worse by the Demo- them—the Medicare Trust Fund will be tion’s only president with a Ph.D.), knew cratic leadership of the Senate delib- out of money—and young Americans that he was empowered ‘‘from time to time’’ erately bringing business to a halt we will be forever destined to be the debt- to ‘‘give to the Congress information of the state of the union, and recommend to their have a fiscal crisis, we have not had a paying generation because we and the President did not have the courage to consideration such measures as he shall budget in 4 years, we did not even pass judge necessary and expedient.’’ And so, on any appropriations bills last year, face up to our responsibilities. So I would say, with respect, it is April 8, 1913, five weeks after his inaugura- there is little respect for committee tion, he appeared before the lawmakers. time for this President to show the work, and he has used the gag rule 70 Even members of Wilson’s own party decried kind of Presidential leadership that times to cut off amendments from the the maneuver as an arrogant throne speech. President Johnson did on civil rights, Republican side of the aisle. The man many considered an aloof intel- For example, last week, we had sev- that President Nixon did on China, lectual explained to Congress that the presi- eral options on our side—I think there that President Carter did on the Pan- dent of the United States is simply ‘‘a ama Canal Treaty, that President human being trying to cooperate with other were some on the other side—to make human beings in a common service.’’ His the sequester go down a little bit easi- Reagan did on Social Security, and that Presidents George H.W. Bush and presence alone, to say nothing of his elo- er, to make it make more common quent appeal, affixed overwhelming impor- sense, and what did we end up doing? Clinton and George W. Bush did. Re- tance to tariff reform. In less than 10 min- We were here all week, and we ended up spect the other branches of govern- utes, Wilson articulated his argument and voting on two proposals. They were ment. Confront your own party where left the Capitol. procedural votes, and everybody knew necessary. Listen to what both have to The next day, Wilson did something even they were political posturing not de- say and fashion a consensus that most more stunning: he returned. On the second floor of the Capitol—in the North Wing, signed to pass. Why did we not just put of us can support. We are one budget agreement away steps from the Senate chamber—is the most it on the floor? There are 100 of us here. ornate room within an already grand edifice. We are all grownups. We worked hard from reasserting our global pre- eminence and getting the economy George Washington had suggested this Presi- to get here. We have ideas. We might dent’s Room, where he and the Senate could have improved the sequester. We had moving again. As Robert Merry said: conduct their joint business, but it was not time to do it. But the Democratic lead- Every great crisis is solved by Presi- built until the 1850s. Even then, the ership did not allow us to bring it up. dential leadership or not at all. Italianate salon, with its frescoed ceiling It is time, Mr. President, for Presi- So we end up with deliberately bad pol- and richly colored tiled floor, was seldom dential leadership. used beyond the third day of March every icy becoming law. I ask unanimous consent to have other year, when Congressional sessions It is not too late. There are things printed in the RECORD the article in ended and the president arrived to sign 11th- the President and we can still do. We the New York Times, from Sunday, en- hour legislation. Only during Wilson’s tenure could spread the pain across the whole titled ‘‘Wilson to Obama: March has the President’s Room served the purpose budget. We could spread it across part for which it was designed. He frequently Forth!’’ of the budget. We could give the Presi- worked there three times a week, often with There being no objection, the mate- the door open. dent more flexibility in making deci- rial was ordered to be printed in the sions. Or the President could come to Almost every visit Wilson made to the RECORD, as follows: us with his plan, this month, for deal- Capitol proved productive. (As president, he appeared before joint sessions of Congress ing with the biggest problem facing our [From The New York Times, Mar. 1, 2013] more than two dozen times.) During Wilson’s country: the out-of-control mandatory WILSON TO OBAMA: MARCH FORTH! first term, when the president was blessed spending. He could do what Presidents (By A. Scott Berg) with majorities in both the House and the Johnson and Nixon and Carter and ‘‘There has been a change of government,’’ Senate, the policies of the New Freedom led Bush did before him. He could confront declared Woodrow Wilson in his first sen- to the creation of the Federal Reserve, the it, go against the grain of his party, tence as president of the United States, one Federal Trade Commission, the Clayton work with Members of both sides, and hundred years ago this Monday. Until 1937, Antitrust Act, the eight-hour workday, child get a result. It is not that hard to do. when the 20th Amendment moved Inaugura- labor laws and workers’ compensation. Wil- tion Day to late January, chief executives son was also able to appoint the first Jew to Senator CORKER and I have a proposal took their oaths of office on March Fourth, the Supreme Court, Louis D. Brandeis. to do it. There is the Domenici-Rivlin a date that sounds like a command. Even when the president became besieged proposal to do it. There is the Ryan- Nobody heeded this implied imperative with troubles, both personal and political— Wyden proposal to do it. more than Wilson: the 28th president enjoyed the death of his first wife; the outbreak of

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.000 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD March 5, 2013 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 2367 World War I; an increasingly Republican leg- Today, President Obama and Congress Victory or Death. islative branch; agonizing depression until agree that the national debt poses lethal Signed: he married a widow named Edith Bolling threats to future generations, and so they Galt—Wilson hammered away at his progres- should declare war on that enemy and ad- William Barret Travis. sive program. In 1916, he won re-election be- journ politics, at least until it has been sub- As we all know, in the battle that en- cause, as his campaign slogan put it, ‘‘He dued. The two sides should convene in the sued, 189 defenders of the Alamo lost kept us out of war!’’ A month after his sec- President’s Room, at the table beneath the their lives. But they did not die in ond inauguration, he appeared yet again be- frescoes named ‘‘Legislation’’ and ‘‘Execu- vain. The Battle of the Alamo bought fore Congress, this time, however, to con- tive Authority,’’ each prepared to leave precious time for the Texas Revolu- vince the nation that ‘‘the world must be something on it. And then they should re- made safe for democracy.’’ This credo be- turn the next day, and maybe the day after tionaries, allowing Sam Houston to came the foundation for the next century of that. Perhaps the senior senator from Ken- maneuver his army into position for a American foreign policy: an obligation to as- tucky could offer a bottle of his state’s decisive victory at the Battle of San sist all peoples in pursuit of freedom and smoothest bourbon, and the president could Jacinto. With this victory, Texas be- self-determination. provide the branch water. All sides should came a sovereign and independent re- Suddenly, the United States needed to remember Wilson and the single factor that public. For 9 years, the Republic of transform itself from an isolationist nation determines the country’s glorious successes Texas thrived as an independent na- into a war machine, and Wilson persuaded or crushing failures: cooperation. tion. Then, in 1845, it agreed to join the Congress that dozens of crucial issues (in- March forth! United States as the 28th State. cluding repressive espionage and sedition Mr. ALEXANDER. I yield the floor. Many of the Texas patriots who acts) required that politics be ‘‘adjourned.’’ The ACTING PRESIDENT pro tem- fought in the revolution went on to Wilson returned again and again to the pore. The Republican whip. President’s Room, eventually convincing serve in the U.S. Congress. I am hon- Congress to pass the 19th Amendment: if f ored to hold the seat once occupied by women could keep the home fires burning TEXAS INDEPENDENCE DAY Sam Houston. More broadly, I am hon- amid wartime privation, the president ar- Mr. CORNYN. Mr. President, I rise to ored to have the opportunity to serve gued, they should be entitled to vote. The 26 million Texans because of the sac- journalist Frank I. Cobb called Wilson’s con- commemorate a very special day in trol of Congress ‘‘the most impressive tri- history—a day that inspires pride and rifices made by these brave men 177 umph of mind over matter known to Amer- gratitude in the hearts of the people of years ago. ican politics.’’ the great State of Texas. I rise today May we always remember their sac- In the 1918 Congressional election—held to commemorate Texas Independence rifices and their courage. And may God days before the armistice—Wilson largely Day, which was actually this last Sat- continue to bless Texas and these abstained from politics, but he did issue a United States. written plea for a Democratic majority. urday, March 2. I will read a letter that was written Mr. President, I yield the floor and Those who had followed his earlier advice suggest the absence of a quorum. and adjourned politics felt he was pulling a 177 years ago from behind the walls of fast one. Republicans captured both houses. an old Spanish mission known as the The PRESIDING OFFICER (Mr. With the war over, Wilson left for Paris to Alamo—a letter written by a young SCHATZ). The clerk will call the roll. broker a peace treaty, one he hoped would lieutenant colonel in the Texas Army, The legislative clerk proceeded to include the formation of a League of Na- William Barret Travis. In doing so I call the roll. tions, where countries could settle disputes carry on a tradition that was started Mr. COATS. I ask unanimous consent peaceably and preemptively. The treaty re- by the late John Tower, who rep- that the order for the quorum call be quired Senate approval, and Wilson, who had resented Texas in this body for more rescinded. been away from Washington for more than The PRESIDING OFFICER. Without six months, returned to discover that Repub- than two decades. This tradition was licans had actively, sometimes secretly, later carried on by his successor, Sen- objection, it is so ordered. built opposition to it—without even knowing ator Phil Gramm, and then by our re- f what the treaty stipulated. cently retired colleague, Senator Kay Recognizing insurmountable resistance on Bailey Hutchison. It is a tremendous IMMIGRATION Capitol Hill, even after hosting an unprece- honor that this privilege has now fallen Mr. COATS. Mr. President, last week, dented working meeting of the Senate For- to me. U.S. Immigration and Customs En- eign Relations Committee at the White House, Wilson attempted an end run around On February 23, 1846, with his posi- forcement—also known as ICE—initi- the Senate: he took his case directly to the tion under siege and outnumbered by ated a precipitous action to reduce the people. During a 29-city tour, he slowly cap- nearly 10 to 1 by the forces of Mexican population of the illegal immigrants tured public support. But then he collapsed dictator Antonio Lopez de Santa Anna, detained by the U.S. Government for, on a train between Pueblo, Colo., and Wich- Travis penned the following letter, ‘‘To they said, ‘‘budgetary reasons.’’ ita, Kan., and had to be rushed back to the the People of Texas and All Americans Let me quote ICE spokesperson White House. Days later he suffered a stroke, in the World:’’ Gillian Christensen, who stated, ‘‘As which his wife, his physician and a handful Fellow citizens & compatriots— fiscal uncertainty remains over the of co-conspirators concealed from the world, I am besieged by a thousand or more of the continuing resolution and the possible leaving Mrs. Wilson to decide, in her words, Mexicans under Santa Anna. ‘‘what was important and what was not.’’ sequestration, ICE has reviewed its de- I have sustained a continual Bombardment tained population to ensure detention In March 1920, having recovered enough to and cannonade for 24 hours and have not lost wage a final battle against the Republicans, a man. levels stay within ICE’s current budg- Wilson could have garnered support for a The enemy has demanded a surrender at et.’’ So the result was a release of a League of Nations by surrendering minor discretion. Otherwise, the garrison are to be significant number of detained illegal concessions. But he refused. The treaty put to the sword, if the fort is taken. immigrants and blaming it on the se- failed the Senate by seven votes, and in 1921, I have answered the demand with a cannon quester’s imminent budget cuts last the president hobbled out of the White House shot, and our flag still waves proudly from week, when it appears ICE mismanaged as the lamest duck in American history, the walls. with his ideals intact but his grandest ambi- I shall never surrender or retreat. its resources. tion in tatters. Then, I call on you in the name of Liberty, That is unacceptable. This was an Two months ago, our current president, of patriotism and everything dear to the unnecessary action. It has the poten- facing financial cliffs and sequestration and American character, to come to our aid, with tial to put communities at risk. It is toting an ambitious agenda filled with such all dispatch. ineffective, inefficient, and irrespon- incendiary issues as immigration reform and The enemy is receiving reinforcements sible government. gun control, spoke of the need to break ‘‘the daily and will no doubt increase to three or Let’s be clear about something else habit of negotiating through crisis.’’ Wilson four thousand in four or five days. knew how to sidestep that problem. He un- If this call is neglected, I am determined to that ICE points to as a reason for this derstood that conversation often holds the sustain myself as long as possible and die action, ‘‘fiscal uncertainty.’’ Fiscal un- power to convert, that sustained dialogue is like a soldier who never forgets what is due certainty is what has defined our econ- the best means of finding common ground. to his own honor and that of his country. omy over the past 4 years because this

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.000 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2368 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 March 5, 2013 government cannot get its act to- riod of time? How many were released? However, we need to be able to have gether. This government has failed to These numbers have been all over the the flexibility to move the money from define for the American people, wheth- lot, from the low hundreds to well into less efficient—or not needed at this er it is business men or women or the thousands. We need to know how time—to the essentials. We wouldn’t whether it is homeowners, or anyone many illegal immigrants were released need to put out statements such as: Ar- else in this country who is looking to in the United States and under what rive at the airport 4 hours early be- Washington to get its act together, conditions that decision was made. cause we need to cut the TSA agents at what the future will look like. Then de- We need to know how many of these the same level as the least function of cisions can be made as to how to adapt detainees were released solely due to this particular government. to necessary changes or modifications so-called ‘‘budgetary’’ reasons. How We put that proposal before us. The given our dismal fiscal situation, many of the released detainees were President, who has been begging for plunging into debt at record rates, bor- designated as criminals? If additional this, simply said: No, we are not going rowing 40 cents of every dollar. It is funding can be found first within ICE to do it. It was a quick change of mind. unsustainable. But instead of providing or DHS for custody operations, will I think it destroyed his political nar- a clear path forward on how we will ad- these released individuals be returned rative. This proposal was before this dress this, we continue to lurch from to detention, and how will they be Senate body last week to give those cliff to cliff, fiscal calamity to fiscal rounded up and how will they be found? agencies the flexibility to take from calamity. It is freezing everything in We know that not all law enforce- one pot that wasn’t needed as much— place. The economy is suffering for it, ment authorities were notified of this or take from areas that are efficient— and more than the economy, Ameri- in Arizona. It is unlikely to think that and put it toward traffic controllers, cans are suffering for it. The 23 million we know where all of those individuals transportation security officials, FDA, Americans who are either unemployed are at this time. I do not think they Department of Agriculture meat in- or underemployed are suffering great- are going to come back and voluntarily spectors, wherever the priorities lie. To ly. line up and say: Oh, I am back; I knew complain about not having flexibility Sadly, this uncertainty and the budg- I should not have been released. when your own President rejected the Have instructions been given to field et constraints we face should not catch proposal given by Republicans to allow offices to reduce the intake and arrest any department or agency by surprise. that to happen, it just boggles my of illegal aliens into detention? This is not good government, but it is mind. Furthermore, I want to know if the As I have said many times before the Washington way under this admin- Secretary agrees with the decision to istration and the current Democrat-led over the past 2 years when the various release these individuals. If not, what department heads come before the Ap- Senate. The Department of Homeland is being done to modify this action so Security and ICE have known since propriations Committee: Do you have it does not take place in the future? an alternative plan? Do you have a September 28, 2012 exactly what level I am also concerned that the admin- plan in the event the money doesn’t of resources were available for ICE istration has not taken accountability continue to flow in from the taxpayer under the current continuing resolu- for this action. Secretary Napolitano at a rate which allows you every year tion. distanced herself from the press by say- For those who do not understand the ing, ‘‘Detainee populations and how to increase, increase, increase, your jargon that comes out of this place, that is managed back and forth is real- spending? We are running out of ‘‘continuing resolution’’ means a stop- ly handled by career officials in the money. Wouldn’t it be wise to look at gap measure that Congress put in place field.’’ Well, that may be the case, but how you could run your department last September in order to fund this that is not an appropriate response. more effectively and efficiently as government at the current levels. That Is anyone in this current government States have had to do, cities had to do, expires March 27. We likely will do it willing to take responsibility and say, businesses had to do, families had to again for the second 6 months of the the buck stops here? I am assigned to do? They need to make those decisions year, instead of putting a budget to- this position and therefore I take re- about separating the essential from the gether, instead of putting together sponsibility for what happens under- ‘‘would like to do but can’t afford to do something that would give the Amer- neath my position? This constantly, it right now.’’ We need to eliminate the ican people certainty as to how much ‘‘well, we didn’t know about that,’’ or items and programs that never should money we are going to spend, and what ‘‘that is somebody else’s obligation,’’ have been funded in the first place or effect it would have on the economy. or ‘‘really, do you expect us to be on the programs that used to work, but Anyway, ICE has known their spend- top of that’’—yes. That is why you are are not a high priority any longer. ing level since September 28, as has CEO for a company. That is why you Manage your department in a way that every agency. So they had plenty of no- get paid more than anybody else. That you can become more effective, do tice. Why then would ICE release de- is why you were selected as Secretary more with less. tained illegal immigrants a week be- of a department or the head of an agen- To date, all the answers that have fore the sequestration even took place? cy, to take responsibility for what hap- come back are, no, this is what the ad- Why did they not take proper steps pens underneath you. ministration wants. This is what we necessary during the 6 months time I was also struck by the Secretary’s are going to do. We are going to ask for they had to evaluate this and manage comments at an event hosted by Polit- an increase next year, and we are going their resources in a way that would not ico yesterday where she talked about to tell the American people we need to require that someone make the deci- the challenges DHS faces because there raise their taxes in order to pay for it sion to release hundreds if not thou- is not the opportunity to shift money or we are going to continue to borrow sands of illegal immigrants? around. and go deeper and deeper into debt. It In an effort to sort out the facts, I I agree with that. Republicans agree is a terrible way to run any organiza- have requested Secretary Napolitano with that. tion, whether it is a Little League or- provide in writing more information On this floor, just last Thursday, Re- ganization, a business or even the Fed- and answer several questions regarding publicans put forward a proposal to eral Government of the United States. the release of those individuals from allow agencies to do just that after No agency can assert with any credi- detention. Question No. 1: What trig- weeks and months of moaning and bility that it cannot perform its stated gered the ICE instruction to the field groaning by this administration and by mission if it is asked to join the rest of to reduce the detainee population by its various agency heads about how Americans in reducing its budget and this date? this sequestration has made the situa- making modest cuts. The irony is that Secondly, what is the total number tion much worse. It is stupid. It is a the more Congress and the President of detainees released between February terrible way to do things. I agree, by delay action on a bold long-term fiscal 22, 2013, and February 25—a 3-day pe- the way. plan with credible spending reforms,

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It is very important don’t address the real problems, we are ment. This group, along with its prede- that this National Security Working making it ever harder and will be cessor organization, the Senate Arms Group continues to have the ability to forced to do it in a more Draconian Control Observer Group, has served a pave the way for negotiations that can way. useful role in helping the Senate to ful- be fruitful. If the Cabinet Secretaries want more fill its unique constitutional duty to As I yield the floor, I again thank flexibility with their budgets, I urge consider treaties and to provide its ad- Senator PAUL for his courtesy in allow- them to encourage the President to vice and consent to their ratification. ing me to go first. lead and reform the main problem and The Senate National Security Work- The PRESIDING OFFICER. The Sen- to address the main drivers of our ing Group is a key component of the ator from Kentucky. spending, which is the runaway manda- Senate’s ability to provide advice on Mr. PAUL. Mr. President, as some of tory spending that is eating treaties before those treaties are final- you may have heard, we are a bit short everybody’s lunch. Whether you are for ized because the working group begins of money. We are borrowing $50,000 paving more roads, fixing more bridges, meeting with the administration early every second. We borrow over $4 billion funding more medical research or in the process of negotiation. This was every day. In a year’s time we borrow whether you want more money to go the case for the Senate consideration over $1 trillion. There are ramifica- into education or any other function of of the New START treaty a few years tions to that. Some economists now government, if you can’t address the ago. The National Security Working say that the burden of our debt is cost- big donkey or elephant in the room, Group convened a series of briefings ing us 1 million jobs a year. What I am which is the mandatory runaway and meetings with the administration asking is, in the midst of this sequester spending, there is not going to be starting at the very beginning of the when people say we have no money to enough funds for any other priorities. negotiation process, and through the cut, to take this small item. We have all known that year after year group the Senate has many opportuni- Why would I want to cut this small after year. ties to learn of the progress and details group? There are a couple of reasons. It Without leadership from the top this of negotiations and to provide our ad- is called the National Security Work- cannot happen. It has been tried many vice and views to the administration ing Group—about $2.8 million, which is times, sometimes with bipartisan ef- throughout the process. not much money in terms of Wash- forts, all shot down because we don’t Let me first assure my colleagues ington. But why would I want to cut it? have leadership from the White House that throughout the entire New The first reason would be that there and from the President of the United START negotiation process, the mem- are no records of them meeting. We States. He is the chief CEO of this bers of the National Security Working heard about the START treaty. It was country and he needs to manage re- Group asked a great number of ques- in 2009 when they were last meeting. sources in a more effective way. tions, received answers at a number of There are no public records that this Only when we do that will we be able meetings, stayed abreast of the nego- group, which spends $700,000 a year, has to avoid these constant budget tiation details, and provided advice to met in the last 3 years. There are no showdowns and short-term stopgap the administration. It is a vital process public records of who works for the measures which don’t solve the prob- that not only allows Senators to en- committee. There are no public records lem. gage the administration early in the of their salaries. Every one of my I yield the floor, and I suggest the ab- negotiation process, but it also gives staff’s name and salary is printed in sence of a quorum. the administration an opportunity to the public record—not for this group. The PRESIDING OFFICER. The respond to Senators’ concerns and Now, they say we need this group to clerk will call the roll. questions and to guide the process in negotiate treaties. Well, we have a The assistant legislative clerk pro- such a manner as to avoid problems group; it is called the Foreign Rela- ceeded to call the roll. during Senate consideration of the tions Committee. I am on the Foreign Mr. LEVIN. Mr. President, I ask treaty ratification process. That was, Relations Committee, and that is unanimous consent that the order for in fact, the principal original purpose where we discuss treaties—or at least the quorum call be rescinded. of the Arms Control Observer Group, we are supposed to. The Foreign Rela- The PRESIDING OFFICER. Without which ensured early Senate engage- tions Committee has dozens of employ- objection, it is so ordered. ment during the negotiation process. ees, and millions of dollars are spent on Morning business is closed. This process helps to ensure that there our committee. It goes through the f is a core of Senators who are informed regular process. Our staff’s salaries are on treaty matters before the Senate approved, the names are in the public AUTHORIZING EXPENDITURES BY takes up ratification, and through record, and if you object, you know COMMITTEES those Senators the entire Senate can where to look for the information. To The PRESIDING OFFICER. Under have a role. fund a group that has no records and no the previous order, the Senate will pro- I also want to mention briefly to my records of them meeting and doesn’t ceed to the consideration of S. Res. 64, colleagues that the National Security tell you where they are paying the sal- which the clerk will report by title. Working Group is perhaps unique aries I don’t think makes any sense. The assistant legislative clerk read among Senate institutions in that it is, Our job is to look at the money as if as follows: by design, purely bipartisan. It is actu- it were ours, as if it were yours, and A resolution (S. Res. 64) authorizing ex- ally composed of an equal number of pay attention to detail. penditures by committees of the Senate for Senators from each side of the aisle. Its Will this balance the budget? No. Is the period March 1, 2013, through September decisions and actions are not con- it a place we should start? Yes. Abso- 30, 2013. trolled by the majority party; they are lutely. What I would call for is looking The PRESIDING OFFICER. The Sen- arrived at entirely through bipartisan and saving where we can. In my office, ator from Michigan. agreement—something we could use I have a $3.5 million budget. I saved Mr. LEVIN. Mr. President, first, I more of around here. The bipartisan $600,000 last year, and I turned it back wish to thank Senator PAUL, who is nature of the group, which is central to in to the Treasury. That doesn’t bal- going to be offering his amendment in its function and its crucial role in help- ance the budget, but we have to start

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Boozman Hagan Risch Boxer Heller Treasury—18 percent of my budget— On page 37, line 3, strike ‘‘(C)’’ and insert Scott Burr Inhofe Sessions and I didn’t lay off anybody because we ‘‘(B)’’. Coats Johanns Shaheen are careful about the way we spend. We Coburn Johnson (WI) On page 37, line 8, strike ‘‘(D)’’ and insert Shelby Collins Landrieu spend as if it were our own money. If ‘‘(C)’’. Thune all of our public officials were doing Coons Lee On page 37, line 10, strike ‘‘(4)’’ and insert Corker McCain Toomey that, imagine what we could do. ‘‘(3)’’. Crapo McCaskill Udall (NM) I have another bill that will never see On page 37, strike lines 13 through 22 and Cruz Merkley Vitter the light of day up here because they insert the following: NAYS—53 don’t want to fix anything. This bill (2) LEADERSHIP STAFF.—The majority lead- er of the Senate and the minority leader of Baldwin Hatch Murray would give bonuses to civil servants— Blumenthal Heinrich the Senate may each designate 2 staff mem- Nelson Federal employees—who find savings. Blunt Heitkamp Reed bers who shall be responsible to the respec- Brown Hirono Reid Right now we do the opposite. If your tive leader. budget is $12 million and you work Cantwell Hoeven Roberts On page 37, line 23, strike ‘‘(4)’’ and insert Cardin Isakson Rockefeller somewhere in the bureaucracy of gov- ‘‘(3)’’. Carper Johnson (SD) Rubio ernment, you want to spend it at the Casey Kaine Sanders On page 39, strike line 3 and all that fol- Chambliss King end of the year so you can get it next Schatz lows through page 40, line 2. Cochran Kirk Schumer year. On page 40, line 3, strike ‘‘(d)’’ and insert Cornyn Klobuchar Stabenow I would change that incentive. I Cowan Leahy ‘‘(c)’’. Tester would give that civil servant a signifi- Durbin Levin The PRESIDING OFFICER. Under Warner cant bonus if they will keep money at Feinstein Manchin the previous order, there will be 30 Franken McConnell Warren Whitehouse the end of the year and turn it back in minutes of debate equally divided and Gillibrand Menendez Graham Mikulski Wicker to the Treasury. Can you imagine the controlled in the usual form. savings from top to bottom throughout Harkin Murphy Wyden Mr. PAUL. Mr. President, I ask for government if we did that? But if we NOT VOTING—3 the yeas and nays when appropriate. were to do that, to ask civil servants to Begich Lautenberg Udall (CO) do that and look for these savings—and The PRESIDING OFFICER. Is there a sufficient second? The amendment (No. 25) was rejected. right now, with the sequester, people Mrs. MURRAY. Madam President, I At the moment, there is not a suffi- throughout government are looking for move to reconsider the vote. cient second. savings—why shouldn’t we start with Mr. LEVIN. I move to lay that mo- the Senate? Mr. PAUL. Mr. President, I suggest tion on the table. Why would we continue to fund a the absence of a quorum. The motion to lay on the table was group where the work they supposedly The PRESIDING OFFICER (Ms. agreed to. do is also done officially by another HEITKAMP). The clerk will call the roll. The PRESIDING OFFICER. Under group which has many employees, a The bill clerk proceeded to call the the previous order, the question is on large staff, and it is the constitutional roll. agreeing to the resolution. mandate of the Foreign Relations Com- The PRESIDING OFFICER. The ma- The resolution (S. Res. 64) was agreed mittee to discuss treaties. jority leader. to. So while this is a small bit of money, Mr. REID. Madam President, I ask (The resolution is printed in the it is symbolic of what needs to go on in unanimous consent that the call of the RECORD of Thursday, February 28, 2013, this country in order to rectify a prob- quorum be rescinded. under ‘‘Submitted Resolutions.’’) lem that is truly bankrupting the The PRESIDING OFFICER. Without f American people. objection, it is so ordered. AMENDMENT NO. 25 RECESS Mr. REID. Madam President, we The PRESIDING OFFICER. Under Mr. President, I ask unanimous con- yield back the remainder of all time. sent to call up amendment No. 25. the previous order, the Senate stands The PRESIDING OFFICER. All time The PRESIDING OFFICER. Without in recess until 2:15 p.m. having been yielded back, the question objection, it is so ordered. Thereupon the Senate, at 12:52 p.m. is on agreeing to the amendment of- The clerk will report the amendment. recessed until 2:15 p.m. and reassem- fered by the Senator from Kentucky, The bill clerk read as follows: bled when called to order by the Pre- Mr. PAUL. The Senator from Kentucky [Mr. PAUL] siding Officer (Ms. BALDWIN). proposes an amendment numbered 25. The yeas and nays have been re- f quested. Mr. PAUL. Mr. President, I ask unan- Is there a sufficient second? EXECUTIVE SESSION imous consent that the reading of the amendment be waived. There is a sufficient second. The PRESIDING OFFICER. Without The clerk will call the roll. NOMINATION OF CAITLIN JOAN objection, it is so ordered. The bill clerk called the roll. HALLIGAN TO BE UNITED The amendment is as follows: Mr. DURBIN. I announce that the STATES CIRCUIT JUDGE FOR (Purpose: To strike supplemental staff fund- Senator from Alaska (Mr. BEGICH), the THE DISTRICT OF COLUMBIA ing available only to a limited number of Senator from New Jersey (Mr. CIRCUIT Senators in a time of sequestration) LAUGENBERG), and the Senator from Mr. LEAHY. Madam President, I ask On page 31, line 22, strike ‘‘IN GENERAL.— Colorado (Mr. UDALL) are necessarily unanimous consent that the Senate The Senate National’’ and insert the fol- absent. proceed to executive session to resume lowing: ‘‘RECONSTITUTION.— The PRESIDING OFFICER. Are there consideration of Executive Calendar (A) IN GENERAL.—The Senate National any other Senators in the Chamber de- On page 32, between lines 2 and 3, insert No. 13, the nomination of Caitlin the following: siring to vote? Halligan. (B) RULE OF CONSTRUCTION.—Nothing in The result was announced—yeas 44, The PRESIDING OFFICER. Without this section shall be construed as extending nays 53, as follows: objection, it is so ordered.

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.000 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD March 5, 2013 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 2371 The clerk will report the nomination. her. We have not heard a single nega- While serving as the solicitor general The legislative clerk read the nomi- tive comment on her legal ability, for the State of New York, she was an nation of Caitlin Joan Halligan, of New judgment, character, ethics, or her advocate, representing the interests of York, to be United States Circuit temperament. By the standard we have her client. How often have we heard Judge for the District of Columbia Cir- used for nominees of Republican Presi- Republican Senators say that what cuit. dents, there is no question that Caitlin lawyers do and say in legal proceedings The PRESIDING OFFICER. The Sen- Halligan should be confirmed and this should not be used to undermine their ator from Vermont. ill-advised filibuster should end. Ear- judicial nominations? Chief Justice Mr. LEAHY. Madam President, to- lier this month the Senate ended a fili- Roberts himself has made that point. morrow the Senate will have an oppor- buster against the nomination of Rob- As an attorney, Chief Justice Roberts tunity to correct itself and complete ert Bacharach and he was confirmed advocated for positions where I dis- action on the nomination of Caitlin unanimously to the Tenth Circuit. We agreed with him, but he was supporting Halligan to the D.C. Circuit. She was finally were allowed to complete action the position of the people for whom he first nominated to a vacancy on the on the nomination of William Kayatta was an advocate. At his confirmation court in September 2010, almost 30 to the First Circuit. So, too, the Sen- hearing to join the United States Su- months ago. No one who knows her, no ate should now reconsider its prior preme Court, Judge Roberts said: one who is familiar with her out- treatment of Caitlin Halligan and con- [I]t’s a tradition of the American Bar that standing legal career can be anything firm her nomination. goes back before the founding of the country but impressed by her experience, her She is a stellar candidate with broad that lawyers are not identified with the posi- intelligence, and her integrity. Hers is tions of their clients. The most famous ex- bipartisan support. She is supported by ample probably was John Adams, who rep- a legal career which rivals that of the law enforcement, with whom she resented the British soldiers charged in the D.C. Circuit judge she was nominated worked closely while serving as a chief Boston Massacre. He did that for a reason, to succeed. appellate lawyer in the State of New because he wanted to show that the Revolu- I might mention that the judge she York and as general counsel for the tion in which he was involved was not about was nominated to succeed was John Manhattan district attorney. That in- overturning the rule of law, it was about vin- Roberts, who served on the D.C. Cir- cludes the support of New York City dicating the rule of law. cuit. He is now Chief Justice of the Our Founders thought that they were not police commissioner, Ray Kelly; the being given their rights under the British United States. I voted for the con- New York Association of Chiefs of Po- system to which they were entitled, and by firmation of John Roberts to the D.C. lice; and the National District Attor- representing the British soldiers, he helped Circuit. I voted for the confirmation of neys Association. show that what they were about was defend- John Roberts to the Supreme Court. He Carter Phillips, who served as an as- ing the rule of law, not undermining it, and and I do not share the same judicial sistant to the Solicitor General during that principle, that you don’t identify the philosophy or political party, but I the Reagan administration, describes lawyer with the particular views of the cli- voted for him because he was well ent, or the views that the lawyer advances her as one of those extremely smart, on behalf of the client, is critical to the fair qualified. I did not agree with every po- thoughtful, measured, and effective ad- administration of justice. sition he had taken or argument he vocates and concluded that she would That has always been our tradition— made as a high-level lawyer in several be a first-rate judge. She has the at least until now. This litmus test Republican administrations, but I sup- strong support of the New York Women that would disqualify nominees be- ported his nomination to the D.C. Cir- in Law Enforcement, the National Cen- cause as lawyers they represented a cuit because of his legal excellence. ter for Women and Policing, the Na- legal position in a case is dangerous Caitlin Halligan is also well qualified. tional Conference of Women’s Bar As- and wrong. Almost every nominee who Caitlin Halligan is as well qualified as sociations, the Women’s Bar Associa- had been a practicing lawyer would be John Roberts, whom I voted for, and tion of the District of Columbia, and disqualified by such a test. By the her nomination deserves a vote. John the U.S. Women’s Chamber of Com- standard that is being applied to Roberts was confirmed unanimously to merce. Caitlin Halligan, John Roberts could the D.C. Circuit on the day the Judici- I ask unanimous consent to have not have been confirmed to serve as a ary Committee completed consider- printed in the RECORD a list of letters Federal judge let alone as the Chief ation of his nomination and reported it in support for Ms. Halligan at the con- Justice of the United States. to the Senate. It is time for the Senate clusion of my remarks. Yet some have justified their fili- to consider Caitlin Halligan’s nomina- I have been here 38 years and occa- buster because she was directed by the tion on her merits and end the fili- sionally see things that really dis- New York attorney general to draft an buster that has extended over 2 years. appoint me. This is one where I see amicus brief challenging a Federal law What I am saying is that if we want that narrow special interest groups that protected gun manufacturers from to be honest in the Senate, we have to seek to misrepresent her as a partisan liability for crimes committed with apply the same standard to her that we or ideological crusader. She is not. Ev- their products. As New York’s solicitor applied to the nomination of John Rob- erybody who knows her, everybody who general she filed a brief in support of a erts. After being nominated and re- has dealt with her, Republican and class action lawsuit against anti-choice nominated four times over the course Democratic alike, says she is not. What clinic protestors under the Hobbs Act. of the last 3 years, it is time for the they do say is that she is a brilliant She filed a brief on behalf of New York Senate to accord this outstanding lawyer who knows the difference be- in support of a lower court’s decision woman debate and vote on the merits tween the roles of legal advocate and to permit back pay to undocumented she deserves. judge. She will be a fair, impartial, and employees whose employers were vio- Caitlin Halligan is a highly regarded outstanding judge. lating Federal law. She filed a brief on appellate advocate, with the kind of To oppose her for her work as an ad- behalf of New York and other States in impeccable credentials in both public vocate would be like saying: We can’t support of the University of Michigan’s service and private practice that make have this particular nominee be a judge affirmative action program. In all of her unquestionably qualified to serve because the nominee was appointed to these cases, she was representing her on the D.C. Circuit. In fact, the ABA defend a murderer and we are against client, the State of New York. Standing Committee on the Federal murder. No. We are against the rule of Note that her critics are not arguing Judiciary reviewed her nomination and law. We are against everybody who ap- that she was a bad lawyer. In essence, gave her their highest possible rating. pears before a court having good rep- what they are contending is that be- The judge for whom she clerked on the resentation whether we agree with cause they disagree with the legal posi- D.C. Circuit, former chief judge Pat their position or not. These kinds of ar- tions taken on behalf of her client, she Wald, urges her confirmation. Those guments undermine our whole legal should not get an up-or-down vote. who have worked with her all praise system. That is wrong.

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.000 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2372 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 March 5, 2013 When I voted for Chief Justice Rob- The Senate should end this filibuster that they would never support a fili- erts, I remember a number of Repub- and vote to confirm a woman who has buster of a judicial nomination to end licans told me, of course, that is the ably served as a public official rep- this filibuster. I urge those who said only thing you should do because you resenting the State of New York and they would filibuster only in extraor- think he is qualified. Now I have Re- the district attorney of Manhattan. dinary circumstances to end this fili- publicans who tell me they feel she is The other justification Republican buster. I urge all those who care about well qualified, but this special interest Senators used 2 years ago to justify the judiciary and the administration of group or that special interest group is their filibuster is gone. Some con- justice, the Senate, and the American opposed to her. She took positions with tended that the caseload in the D.C. people to come forward and end this fil- which they disagree. That is not the Circuit was not sufficiently heavy to ibuster. issue. Is she qualified? Did she stand up justify the appointment. There are now There being no objection, the mate- for her clients the way an attorney four vacancies on the D.C. Circuit. The rial was ordered to be printed in the should in our adversarial system? vacancies have doubled during the last RECORD, as follows: Her public service in the State of 2 years. The bench is more than one- LETTERS OF SUPPORT FOR HALLIGAN New York is commendable, and no rea- third empty. This is reason enough for February 14, 2011—Derek Champagne, son to filibuster this nomination. Vote Senators to reconsider their earlier Franklin County District Attorney yes or vote no on this nomination. Vot- votes and end this filibuster. February 16, 2011—William Fitzpatrick, ing to block it from coming to a vote is The Senate responded to this case- Onondaga County District Attorney saying: I don’t have the courage to load concern in 2008 when we agreed to February 22, 2011—Randy Mastro, Gibson stand up and vote yes or no; I want to decrease the number of D.C. Circuit Dunn vote maybe. It never comes to a vote if judgeships from 12 to 11. Caitlin February 25, 2011—Daniel Donovan, Jr., we filibuster it. I may vote maybe so I Richmond County District Attorney Halligan is nominated to fill the 8th February 28, 2011—Chauncy Parker, Direc- don’t have to explain to people that she seat on the D.C. Circuit, not the 11th. tor of New York/New Jersey High Intensity is far more qualified than people we Just a few years ago when the D.C. Cir- Drug Trafficking Area program voted for who were nominated by Re- cuit caseload per active judge was February 28, 2011—23 Former United States publican Presidents. I didn’t vote lower than it is now, all the Republican Supreme Court Clerkship Colleagues against her; I didn’t vote for her; I Senators voted to confirm nominees to March 4, 2011—Cyrus Vance, Jr., New York voted maybe. fill the 9th seat, the 10th seat twice, County District Attorney That is not the way it should be. Our and the 11th seat on this court. In fact, March 4, 2011—Joint Letter from 21 lawyers legal system is an adversarial system, (Clifford Sloan, Sri Srinivasan, Miguel the D.C. Circuit caseload for active Estrada, Carter Phillips, Seth Waxman, Wal- predicated upon legal advocacy for judges increased 50 percent from 2005— ter Dillinger, David Frederick, Andrew both sides. There is a difference be- 50 percent from when the Senate con- Levander, Richard Davis, Michele Hirshman, tween serving as a legal advocate and firmed the nominee to fill the 11th seat Dietrich Snell, Paul Smith, Patricia Ann as an impartial judge. She knows that. on the D.C. Circuit bench. The caseload Millet, Kathleen Sullivan, Thomas Brunner, She is a woman of integrity. No one on the D.C. Circuit is also greater than Mier Feder, Evan Tager, Philip Howard, Ira who fairly reviews her nomination has the caseload on the Tenth Circuit, to Millstein, Roy Reardon, Michael H. any reason to doubt her commitment which the Senate just confirmed Judge Gottesman) March 4, 2011—Judith S. Kaye, former to serve as an impartial judge. Robert Bacharach of Oklahoma last I always said when I practiced law Chief Judge of the New York State Court of week. Appeals that I didn’t want to walk into a court- In her recent column in The Wash- March 23, 2011—Robert Morgenthau, room and say the case is going be de- ington Post, Judge Wald explains why Wachtell, Lipton, Rosen & Katz termined by whether I was plaintiff or the work of the D.C. Circuit, with its April 22, 2011—Derek Champagne, Presi- defendant, Republican or Democratic, unique jurisdiction over complex regu- dent, District Attorney’s Association of the but that the case would be determined latory cases is different and more oner- State of New York on the facts and the law. ous than in other circuits and why the April 27, 2011—John Grebert, New York As- sociation of Chiefs of Police We have been fortunate in Vermont court needs to have its vacancies filled. that we have had many judges like May 2, 2011—Peter Kehoe, Executive Direc- She wrote: tor, New York State Sheriff’s Association this, judges who were appointed by Re- The number of pending cases per judge has May 26, 2011—Raymond Kelly, Police Com- publican Governors, judges appointed grown from 119 in 2005 to 188 today. A great missioner, City of New York by Democratic Governors, Federal many of these are not easy cases. The D.C. May 31, 2011—New York Women in Law En- judges appointed by Republican Presi- Circuit hears the most complex, time-con- forcement dents, Federal judges appointed by suming, labyrinthine disputes over regula- June 2, 2011—James Reams and Scott Democratic Presidents. In Vermont, we tions with the greatest impact on ordinary Burns, National District Attorneys Associa- have been fortunate because no matter Americans’ lives: clean air and water regula- tion June 8, 2011—National Center for Women what their positions have been before, tions, nuclear plant safety, health-care re- form, insider trading and more. These cases and Policing they turned out to be impartial judges, can require thousands of hours of prepara- June 16, 2011—Monica Parham, Women’s which is what this good woman will be. tion by the judges, often consuming days of Bar Association of the District of Columbia In fact, it is not only wrong but dan- argument, involving hundreds of parties and June 23, 2011—Mary E. Sharp, National gerous to attribute the legal position interveners, and necessitating dozens of Conference of Women’s Bar Associations she took in representing her client, the briefs and thousands of pages of record—all June 28, 2011—Margot Dorfman, U.S. Wom- State of New York, to her personally of which culminates in lengthy, technically en’s Chamber of Commerce and then take the additional leap—and intricate legal opinions. November 15, 2011—Joint letter from 107 She also notes: ‘‘The D.C. Circuit has women law professors (Kerry Abrams, it is a huge leap—to contend that her Michelle Adams, Jane Aiken, Adjoa personal views will override her com- 11 judgeships but only seven active Aiyetoro, Judith Areen, Barbara Black, Bar- mitment to evenhandedly apply the judges. There is cause for extreme con- bara Atwood, Barbara Babcock, Heather law. cern that Congress is systematically Baxter, Vivian Berger, Francesca Bignami, John Adams, one of our most revered denying the court the human resources Tamar Birckhead, Catherine Brooks, Stacy Founders, wrote that his representa- it needs to carry out its weighty man- Brustin, Sherri Burr, Stacy Caplow, Caroline tion of the British soldiers in the con- dates.’’ I ask that a copy of her article Davidson, Elizabeth DeCoux, Christine troversial case regarding the Boston be included in the RECORD at this Desan, Laura Dickinson, Ariela Dubler, Massacre was ‘‘one of the most gallant, point. Heather Elliott, Lyn Entzeroth, Cynthia Estlund, Christine Galbraith, Abbe Gluck, generous, manly and disinterested ac- I urge all those who have said filibus- Emily Waldman, Suzanne Goldberg, Risa tions of my whole life, and one of the ters on judicial nominations are uncon- Goluboff, Sara Gordon, Sarah Gotschall, best pieces of service I ever rendered stitutional to end this filibuster. I urge Cynthia Bowman, Ariela Gross, Phoebe Had- my country.’’ That is our tradition. those who have said here on this floor don, Valerie Hans, Rachel Harmon, Melissa

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.000 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD March 5, 2013 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 2373 Hart, Nancy Hauserman, Carrie Hempel, of argument, involving hundreds of parties nations to the D.C. Circuit, so that this emi- Lynne Henderson, Laura Hines, Candice and interveners, and necessitating dozens of nent court can live up to its full potential in Hoke, Sara Jacobson, Dawn Johnsen, briefs and thousands of pages of record—all our country’s judicial work. Olatunde Johnson, Deborah Merritt, Anne of which culminates in lengthy, technically The PRESIDING OFFICER. The Sen- O’Connell, Pamela Karlan, Ellen Katz, intricate legal opinions. ator from Utah. Amalia Kessler, Eleanor Kinney, Heidi I served on the D.C. Circuit for more than Kitrosser, Catherine Kelin, Kristine 20 years and as its chief judge for almost Mr. HATCH. I ask that the colloquy Knaplund, Maureen Laflin, Mary LaFrance, five. My colleagues and I worked as steadily between the distinguished Senator Robin Lenhardt, Odette Lienau, Nancy Loeb, and intensively as judges on other circuits from Tennessee and myself be as in Joan Heminway, Solangel Maldonado, Sheila even if they may have heard more cases. The morning business. Maloney, Maya Manian, Jenny Martinez, nature of the D.C. Circuit’s caseload is what The PRESIDING OFFICER. Without Mari Matsuda, Margaret McCormick, Ann sets it apart from other courts. The U.S. Ju- objection, it is so ordered. McGinley, M. Isabel Medina, Carrie Menkel- dicial Conference reviews this caseload peri- f Meadow, Gillian Metzger, Binny Miller, odically and makes recommendations to Nancy Morawetz, Tamara Packard, Kimani Congress about the court’s structure. In 2009, HEALTH CARE Paul-Emile, Katharina Pistor, Ann Powers, the conference recommended, based on its Nancy Rapoport, Kalyani Robbins, Julie review, that the circuit’s 12th judgeship be Mr. HATCH. Madam President, I rise O’Sullivan, Shelley Saxer, Erin Ryan, Liz eliminated. This apolitical process is the today, along with my colleague from Cole, Carol Sanger, Margaret Satterthwaite, proper way to determine the circuit’s needs, Tennessee, to discuss two pieces of leg- Lisa Schultz Bressman, Diana Sclar, Eliza- rather than in the more highly charged con- islation we introduced to restore lib- beth Scott, Ilene Seidman, Laurie Shanks, text of individual confirmations. erty and to protect jobs. The first bill, Katherine Sheehan, Jodi Short, Florence During my two-decade tenure, 11 active S. 40, the American Liberty Restora- Shu-Acquaye, Jessica Silbey, Michelle judges were sitting a majority of the time; tion Act, would repeal ObamaCare’s Simon, Charlene Smith, Joan Steinman, today, the court has only 64 percent of its unconstitutional individual mandate. Drucilla Stender Ramey, Beth Stephens, authorized active judges. This precipitous Nomi Stolzenberg, Maura Strassberg, Nadine decline manifests in the way the court oper- The second bill, S. 399, the American Strossen, Ellen Taylor, Penny Venetis, Val- ates. And while the D.C. Circuit has five sen- Job Protection Act, would repeal erie Vollmar, Rachel Vorspan, Candace ior judges, they may opt out of the most Obama’s job-killing employer mandate. Zierdt, Diane Zimmerman) complex regulatory cases and do not sit en These two provisions were included in December 1, 2011—Albert M. Rosenblatt, banc. They also choose the periods during the President’s health law for the pur- retired Judge, NY Court of Appeals which they will sit, which can affect the ran- pose of raising revenues—an attempt to December 1, 2011—Linda Slucker, Presi- domization of assignment of judges to cases. pay for all of the new spending under dent, National Council of Jewish Women There is, moreover, a subtle constitutional ObamaCare—and to garner support December 5, 2011—Nancy Duff and Marcia dynamic at work here: The president nomi- Greenberger, Co-Presidents, National Wom- nates and the Senate confirms federal judges from the private insurance industry. en’s Law Center for life. While some presidents may not en- I would ask Senator ALEXANDER, has December 5, 2011—Wade Henderson, Presi- counter any vacancies during their adminis- the so-called Affordable Care Act lived dent and CEO, The Leadership Conference on tration, over time the constitutional up to the promises President Obama Civil and Human Rights schemata ensures that the makeup of courts made during the health care reform de- December 5, 2011—Gregory S. Smith, Presi- reflects the choices of changing presidents bate to maintain personal freedom, re- dent, Bar Association of DC and the ‘‘advise and consent’’ of changing duce health care costs, and decrease March 1, 2013—Doug Kendall, President, Senates. Since the circuit courts’ structure Constitutional Accountability Center unemployment? was established in 1948, President Obama is Mr. ALEXANDER. Madam President, March 4, 2013—Wade Henderson, President the first president not to have a single judge and CEO, The Leadership Conference on Civil confirmed to the D.C. Circuit during his first I thank the Senator from Utah for his and Human Rights full term. The constitutional system of nom- leadership on these two pieces of legis- March 4, 2013—Sam A. Cabral, Inter- ination and confirmation can work only if lation, and the answer is: No, the new national President, International Union of there is good faith on the part of both the health care law hasn’t lived up to the Police Associations. president and the Senate to move qualified promises. nominees along, rather than withholding [From The Washington Post, Feb. 28, 2013] Let me cite an example. The Presi- consent for political reasons. I recall my own SENATE MUST ACT ON APPEALS COURT dent promised in the debates leading difficult confirmation 35 years ago as the up to the health care act that if some- VACANCIES first female judge on the circuit; eminent (By Patricia M. Wald) senators such as Barry Goldwater, Thad one wanted to keep the insurance they Pending before the Senate are nominations Cochran and Alan Simpson voted to confirm had, they would be able to do that. I to fill two of the four vacant judgeships on me regardless of differences in party or gen- am afraid it is not working out that the U. S. Court of Appeals for the District of eral political philosophy. way, and here is why. Columbia Circuit. This court has exclusive The two D.C. Circuit nominees before the What happens is that businesses jurisdiction over many vital national secu- Senate are exceedingly well qualified. around the country are finding out rity challenges and hears the bulk of appeals Caitlin Halligan served as my law clerk dur- when the health care law goes into ef- from the major regulatory agencies of the ing the 1995–96 term, working on cases in- fect fully they will either have to sup- volving the Department of Health and federal government. Aside from the U.S. Su- ply a certain type of health care insur- preme Court, it resolves more constitutional Human Services, the Immigration and Natu- questions involving separation of powers and ralization Service, the Federal Communica- ance, which in many cases—as many as executive prerogatives than any court in the tions Commission and diverse other topics. half the cases according to some stud- country. She later clerked for Supreme Court Justice ies—is a better policy and more expen- The D.C. Circuit has 11 judgeships but only Stephen Breyer. She also served as New York sive policy than they are now offering seven active judges. There is cause for ex- solicitor general and general counsel for the their employees, or they will have to treme concern that Congress is systemati- Manhattan district attorney’s office, as well pay a $2,000 tax, to the Internal Rev- cally denying the court the human resources as being a partner in a major law firm. The enue Service. That means the em- it needs to carry out its weighty mandates. other nominee, Sri Srinivasan, has similarly The court’s vacancies date to 2005, and it impressive credentials and a reputation that ployee, if the business decides to do has not received a new appointment since surely merits prompt and serious consider- that, will go into the exchange and lose 2006. The number of pending cases per judge ation of his nomination. the employer insurance they had. has grown from 119 in 2005 to 188 today. A There is a tradition in the D.C. Circuit of Based on my experience in talking to great many of these are not easy cases. The spirited differences among judges on the many businesses, there is going to be a D.C. Circuit hears the most complex, time- most important legal issues of our time. My massive rush, by small businesses in consuming, labyrinthine disputes over regu- experience, however, was that deliberations particular and by many large busi- lations with the greatest impact on ordinary generally focused on the legal and real-world nesses, to stop offering employer-spon- Americans’ lives: clean air and water regula- consequences of decisions and reflected a tions, nuclear plant safety, healthcare re- premium on rational thinking and intellec- sored health insurance to their employ- form issues, insider trading and more. These tual prowess, not personal philosophy or pol- ees and, instead, pay the $2,000 penalty, cases can require thousands of hours of prep- icy preferences. It is in that vein that I urge or tax, which means all of those em- aration by the judges, often consuming days the Senate to confirm the two pending nomi- ployees—most of them lower income

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.000 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2374 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 March 5, 2013 employees or middle-income employ- more part-time employees in order to posed to create jobs. The President ees—will lose the insurance they had deal with this new cost of the employer claimed it would. So again, I would and be in the exchanges looking for a mandate which is part of the health turn to my colleague from Tennessee new insurance policy. care law. and ask: Does he think that has been Mr. HATCH. Madam President, I Mr. HATCH. I would say to the dis- the case? Does he think the President agree with my colleague and thank tinguished Senator from Tennessee has been right about that? him for his comments. that is certainly the case. There are Mr. ALEXANDER. No, I would say to I would also argue the individual various reports and analyses of this my friend from Utah, I am afraid the mandate is unconstitutional. When the that indicate a significant number of President was mistaken about that. law was being debated here in Con- employers would rather pay the pen- And we have talked about some spe- gress, and later when it was being liti- alty and not have to deal with the par- cifics, but let me give some very spe- gated in the courts, proponents repeat- ticular requirements the Affordable cific examples of why I believe that is edly argued the individual mandate Care Act seems to require. true. was constitutional under the commerce On top of the unconstitutional indi- Some time ago I met with a large clause. Well, that simply isn’t the case. vidual mandate, this job-killing em- group of chief executive officers of res- While the Supreme Court ultimately ployer mandate is a real problem. taurant companies in America. The upheld the law on other grounds, the Under the President’s health law, em- service and hospitality industries are majority of Justices agreed the indi- ployers with more than 50 full-time the largest employers in America. Res- vidual mandate was not a proper exer- employees are required to offer cov- taurant companies are the largest em- cise of Congress’s power to regulate erage, as the distinguished Senator ployer of low-income, young, usually interstate commerce. said, that meets a minimum value or minority people. These are Americans I have to say I agree with that con- pay a penalty of $2,000 per employee. who are often getting their first job or clusion. Indeed, I say it is simply com- The distinguished Senator from Ten- they are Americans of any age who are mon sense the power to regulate inter- nessee explained this well. If the em- trying to work their way up the eco- state commerce does not include the ployer does offer coverage but that cov- nomic ladder, starting with a lower power to compel individuals to engage erage does not meet the minimum paying job, a job that doesn’t require in commerce, which is precisely what value, employers must pay $3,000 per as many skills, and hoping that instead the individual mandate does. employee. I have never heard such a ri- of having a minimum wage they will Despite the Court’s overall decision, diculous approach toward business. Not end up someday with a maximum wage. the American people see the individual surprisingly, the penalty under this But in order to get that maximum mandate for what it is—an affront to provision costs less than offering cov- wage they have to get on the ladder. individual liberty. Indeed, the vast ma- erage. According to the Kaiser Family They have to start somewhere. jority of the American people know it Foundation annual survey of employer- Here is what I was told. The chief ex- violates our constitutional principles sponsored health insurance, average ecutive officer of Ruby Tuesday, Incor- and that it cedes too much power to annual premiums are $5,615 for single porated, which has about 800 res- the Federal Government. That is why, coverage and $15,745 for family cov- taurants, said to me—and he didn’t in poll after poll, the majority of erage. Once again, the penalty for an mind being quoted—that the cost to his Americans support repealing the man- employer who doesn’t offer health in- company of implementing the new date. surance is only $2,000 per employee. health care law would equal his entire I would also ask the distinguished That being the case, the law does not profit for the company last year and Senator from Tennessee, Mr. ALEX- incentivize employers to offer the em- that he wouldn’t build anymore new ANDER, to share his views about the in- ployees health insurance. Instead, it restaurants in the United States as a dividual mandate, if he has any addi- does exactly the opposite. Rather than result of that. He said he would look to tional views. footing the full cost of providing health expand outside. Mr. ALEXANDER. I agree with the coverage, many employers are going to Another, even larger restaurant com- Senator from Utah. I think he stated take the less expensive route and sim- pany, said because of their analysis of clearly what the constitutionality is ply pay the penalty, as the distin- the law, instead of operating their and he has been a most forceful advo- guished Senator from Tennessee has stores with 90 employees, they would cate of that. mentioned. Even worse, many employ- try to offer it through stores with 70 As I think about the legislation we ers that currently do offer their em- employees. So that means fewer em- are talking about, I am thinking also ployees health benefits under current ployees and it means fewer employees about the employer mandate and the law will likely drop the benefits and, receiving employer health care. requirement that, as I mentioned ear- instead, choose to pay the penalty. Then almost every other restaurant lier, employers pay $2,000 if they do not Studies are already showing this is said they were looking for ways to offer insurance or a $3,000 penalty if the case, and this will be the case. An have more part-time employees so they they offer the wrong kinds of insur- employer survey done by McKinsey and didn’t have to incur the expense of the ance. Company found that ‘‘30 percent of re- new health care law. I would say to the Senator from Utah spondents who said their companies of- So at least with that industry and that we are making it more difficult to fered employer-sponsored health insur- those low-income, usually minority, lower the unemployment rate in this ance said they would definitely or often young employees, the jobs are country, which has stayed too high, probably drop coverage in the years going away because of the health care with 12 million people unemployed, following 2014.’’ law. And with those jobs goes whatever when we keep loading up employers So despite the President’s claim to employer health care insurance was with costs that make it more expensive the contrary, ObamaCare has not pre- being offered by those companies. to hire an employee. If we make it served the employer-sponsored health Mr. HATCH. I have heard the same more expensive to hire an employee, insurance market. It dismantles it. As complaints by the restaurant industry, we don’t give the employer an incen- a result, the President’s promise that and by a lot of small businesses that tive to hire more people. In fact, we those who like their health insurance are looking to not hire more than 50 discourage the employer from hiring would be able to keep it falls by the people, and also are looking to cut more people. wayside. their employees’ work hours down to I wonder if I might ask the Senator, I believe Senator ALEXANDER is also below 30 hours a week in order to avoid in thinking about the employer man- concerned about the fact the Presi- these massive costs that would incur to date, if he agrees that employers across dent’s law defines small employers as them. the country are considering reducing those with less than 50 employees. In The employer mandate is a drag on their number of employees, having addition, I thought this law was sup- our economy, forcing too many of our

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Whatever ‘‘choice’’ the employer novate with these heavy-handed regu- sources, we should repeal this job-kill- makes will lead to fewer jobs, lower wages lations coming from Washington bu- ing mandate and let businesses freely and lost revenue. reaucrats who have no clue how to run manage their personnel needs. For employers near the ‘‘large’’ employer a business. Mr. ALEXANDER. I certainly agree threshold, we can expect to see layoffs or dramatically reduced hours. These will be We must work together on this im- with the Senator from Utah, and that tough decisions, especially for small busi- portant issue for the sake of the indi- is the purpose of our legislation. We nesses where employees are like family and viduals working three jobs at a time to could offer more examples. The Wall benefits options are often discussed and make ends meet, for employers trying Street Journal article of February 22 of agreed upon collaboratively. The rising cost to keep workers on the payroll and this year said: of the mandated insurance plans will very contributing to the economy, and for likely force many businesses to drop cov- Many franchisees of Burger King, McDon- our Nation as a whole to put our econ- alds, Red Lobster, KFC, Dunkin’ Donuts and erage entirely and pay the steep penalty, a difficult choice but a necessary one in light omy on the right track and to keep us Taco Bell have started to cut back on full- globally competitive. At least that is time employment, though many are terrified of increasingly cost-prohibitive employee to talk on the record. coverage. Smaller businesses that might oth- my viewpoint, and it is certainly the erwise be eyeing expansion and growth down viewpoint of my small business col- These are the kinds of companies I the road will most likely reduce or cap the leagues there in Utah. was talking about. number of employees to avoid the expensive Mr. ALEXANDER. I thank the Sen- The article also references a 2011 mandate in the future. Hudson Institute study that estimates The options available to job creators are ator from Utah for this opportunity to the employer mandate will cost the bleak—cut their workforce, stem growth, have a colloquy with him, and I ask franchise industry $6.4 billion and put pay a penalty or go out of business—and unanimous consent to have printed in whatever choice they are forced to make will 3.2 million jobs at risk. the RECORD following my remarks let- ultimately harm employees and the econ- ters from the National Restaurant As- Mr. HATCH. I couldn’t agree more omy. Replacing one full-time position with with the distinguished Senator from sociation, Chamber of Commerce of the two part-time positions is a hollow form of United States, and the National Retail Tennessee, and I ask unanimous con- job creation—not an efficient way to create sent to have printed at this point in good jobs that can support families. Compli- Federation, each of which strongly sup- ports our legislation and makes the the RECORD an article under Politico’s ance costs—already 36 percent higher for banner, titled: ‘‘Under ACA, Employer small firms—will soar; those costs, as well as points we have made about the em- Mandate Could Mean Fewer Jobs.’’ the money that must now go toward in- ployer mandate. There being no objection, the mate- creased benefits or nontax deductible pen- There being no objection, the mate- alties, will crowd out wage increases and rial was ordered to be printed in the rial was ordered to be printed in the business investment. RECORD, as follows: The Commerce Department reported last RECORD, as follows: [From Politico, Feb. 27, 2013] month that in the fourth quarter of 2012, eco- NATIONAL RESTAURANT ASSOCIATION, UNDER ACA, EMPLOYER MANDATE COULD nomic growth contracted for the first time Washington, DC, February 27, 2013. MEAN FEWER JOBS in more than three years. This isn’t a sur- prise, given that the small-business sector Re Support for repeal of Shared Responsi- (By Dan Danner, Bruce Josten, Matthew has never recovered—and is unlikely to— bility for Employers provision. Shay, and Dirk Van Dongen) while Washington continues to penalize Hon. ORRIN HATCH, This March marks the third anniversary of small employers for expanding. At a time U.S. Senate, the passage of the president’s sweeping when our economy is deeply troubled, our Washington, DC. health care legislation. But for many in the government is forcing employers to restruc- Hon. LAMAR ALEXANDER, business community now facing a litany of ture in ways that repress growth and em- U.S. Senate, difficult decisions in the law’s wake, this ployment. Washington, DC. milestone will be met with capitulation Thankfully, Thursday’s bicameral intro- DEAR SENATORS HATCH AND ALEXANDER: On rather than celebration. duction of the American Job Protection Act behalf of the National Restaurant Associa- With the employer mandate, Obamacare by Sens. Orrin Hatch of Utah and Lamar tion members, we write in support of the puts the nation’s job creators between a rock Alexander of Tennessee and Congressmen American Job Protection Act, and to thank and a hard place. Despite the gentle sound- John Barrow of Georgia and Charles Bou- you for your leadership on this issue. This ing title, the Shared Responsibility provision stany of Louisiana comes at a perfect time. legislation would repeal the 2010 health care actually takes the two parties who should be Members of both parties recognize the dam- reform law’s harmful employer mandate. making decisions about employer-sponsored age this impending mandate will have on our The National Restaurant Association is health coverage (the employer and the em- economy, and Congress should repeal it be- ployee) completely out of the equation. Be- the leading business association for the res- fore it’s too late. taurant and food service industry. The indus- ginning in 2014, large employers must pro- Mr. HATCH. Again, I thank my col- vide a prescribed level of health care cov- try is comprised of 980,000 restaurant and erage to all full-time employees or poten- league from Tennessee for working foodservice outlets employing 13.1 million tially pay a hefty penalty. While this may with me on these two critical issues people who serve 130 million guests daily. Al- sound relatively straightforward, it is any- that impact every American. I will though it is predominately comprised of thing but. conclude with a quote from a Utah em- small businesses, the restaurant industry is Beyond imposing a costly and non-nego- ployer. This is a small business owner the nation’s second-largest private-sector tiable mandated benefit, the law also rede- employer, employing 10 percent of the U.S. who is concerned about what the com- workforce. fines the long-standing definition of a full- pany will do come January 1 if these time employee. With the passage of the law, Regrettably, the employer mandate is ex- an employee working an average of 30 hours mandates remain in place. This em- pected to significantly increase costs within or more per week over a month is a full-time ployer wrote to me saying this about our industry, threatening entrepreneurs’ employee. Further, the law sets out a com- ObamaCare: ability to hire additional employees, or ex- plicated algorithm to determine whether a We will have to choose who will work 30 or pand operations. The American Job Protec- business is a large employer. Aggregating less hours a week, which in turn is bad for tion Act would repeal the mandate, thereby the hours of all part-time workers and add- our business because we have to train more providing restaurateurs the flexibility to ing in the number of full-time workers are people to do one job. It is bad for our cus- provide the health care coverage that they necessary to determine whether a business tomers because they will have to interact can afford, while addressing the varying has the equivalent of 50 or more fulltime em- with different employees who may not know needs within the diverse workforce. ployees and is therefore, a large employer. the customer’s needs as well, and it is most Again, thank you for introducing the Under the guise of improving access to cov- devastating for the employee because the American Job Protection Act. We strongly erage, the mandate presents a false choice employee’s hours will be cut. support the legislation’s passage and look

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.000 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2376 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 March 5, 2013 forward to working with you toward that ward to working with you and your col- dents count that nomination to the end. leagues to enact this vital legislation. U.N. in their Cabinet and some don’t. Sincerely, Sincerely, I then went on to say—incorrectly— ANGELO I. AMADOR, ESQ., R. BRUCE JOSTEN. that on appellate judges, the Demo- Vice President, cratic majority had filibustered and Labor & Workforce Policy. NATIONAL RETAIL FEDERATION, MICHELLE REINKE NEBLETT, Washington, DC, March 4, 2013. killed 10 of President Bush’s nomina- Director, Hon. ORRIN HATCH, tions, and Republicans had in response Labor & Workforce Policy. Senate Hart Office Building, U.S. Senate, denied two appellate judge seats by fil- Washington, DC. ibuster. Senator SCHUMER of New CHAMBER OF COMMERCE OF THE DEAR SENATOR HATCH: I write to lend the York—ever wary of what I might say— UNITED STATES OF AMERICA, support of the National Retail Federation corrected me and said it was less than Washington, DC, March 1, 2013. (NRF) to employer mandate repeal legisla- that. So I have consulted with him and Hon. ORRIN G. HATCH, tion you have introduced: S. 399, the Amer- U.S. Senate, ican Job Protection Act. We strongly sup- his staff, and the score is actually 5 to Washington, DC. port your bill and urge that it be promptly 2. Hon. LAMAR ALEXANDER, adopted. The correct result is that before U.S. Senate, NRF has myriad concerns with and objec- George W. Bush became President—and Washington, DC. tions to the Affordable Care Act, even as our the Senator from Utah knows this DEAR SENATORS HATCH AND ALEXANDER: focus shifted to trying to help our members story very well—there were no in- The U.S. Chamber of Commerce, the world’s comply with the new law. Your legislation stances of an appellate Federal judge largest business federation representing the appropriately would repeal the employer being denied his or her seat because of mandate. We strongly supported your legis- interests of more than three million busi- a filibuster. Then our friends on the nesses and organizations of every size, sec- lation in the 112th Congress and proudly do tor, and region, thanks you for introducing so again now. Democratic side invented the idea of S. 399, the ‘‘American Job Protection Act, ’’ Eliminating the employer mandate would filibustering circuit judges and voted which would repeal the employer mandate greatly aid the greater retail community, against a whole series of President included in the Patient Protection and Af- which is heavily dependent on labor. One of Bush’s nominees just as I came to the fordable Care Act (PPACA). This require- every four jobs in the American economy is Senate: Miguel Estrada, Charles Pick- ment is already having a negative effect on supported by retail, which would be jeopard- ering, William Pryor, Priscilla Owen, employment and will continue to discourage ized by the mandate effective in 2014. The Carolyn Kuhl, Janice Brown, and then employer mandate is already deterring job small businesses from growing. In fact, the four more in 2004: William Myers, Chamber’s most recent quarterly small busi- growth today at the expense of tomorrow’s ness survey released in January of 2013 con- economy. David McKeague, Henry Saad, and firmed that 71 percent of small business ex- NRF commends you for introducing this Richard Griffin. ecutives believe that implementation of the legislation. We note with appreciation that But then we had a cooling of tempers health care law will make it harder for them your bill was introduced with 26 original co- and a coming to our senses and a bipar- to hire more employees. sponsors. We strongly support your efforts. tisan Gang of 14 said we don’t want to The PPACA requires businesses with 50 or Sincerely, make this a new precedent, and we more full-time equivalent employees to offer DAVID FRENCH, agreed—there was a consensus, any- Senior Vice President, certain health benefits or pay steep pen- way—that only in a case of extraor- alties. Even businesses that do provide Government Relations. dinary circumstance would there be a health benefits may still be subjected to dra- Mr. HATCH. Once again I thank my conian fines. Businesses with fewer than 50 denial of a nominee of an appellate colleague from Tennessee, and I am judge by a cloture vote. So then 5 of full-time equivalent employees are hesitant hoping that others will hear our call to grow their businesses or hire what would those 10 Bush nominees were approved. amount to the fiftieth employee. Repealing for support and join us in these two So the Schumer staff and my staff this ‘‘shared responsibility’’ provision would crucial efforts to protect individual agreed with this—and if anybody not only protect existing jobs, but spur the freedom and to maintain our system of thinks it is wrong, I would like to creation of new jobs by removing the fear free enterprise which has built this know—that only in five cases have and uncertainty many small businesses are country and made it the best in the Democrats denied a Republican Presi- experiencing in anticipation of these cov- world. erage requirements that begin in 2014. dent an appellate judge nominee by fil- So I thank the Senator from Ten- ibuster and only in two cases have Re- Prior to the enactment of the PPACA, nessee. businesses voluntarily offered health insur- publicans denied a Democratic Presi- ance to most Americans. According to the CORRECTING THE RECORD dent’s nominee by filibuster in the case Employee Benefits Research Institute, more Mr. ALEXANDER. Madam President, of appellate judges. As I said when I than 156 million Americans had employer- I see the Senator from Maryland is began, the answer is never in the case sponsored health insurance in 2009. But now, waiting, and I wonder, if we are of district judges and never in the case the employer mandate requires businesses to through with our colloquy, if the Sen- of Cabinet members, with the possible provide prescribed coverage, an unprece- ator would allow me 2 or 3 minutes to dented intrusion on employers’ freedom to exception of John Bolton. develop employee compensation packages. correct a mistake I made on the floor I am glad to come to the floor and This requirement is not only unlikely to of the Senate last week. correct the record. I thank Senator achieve the objective of forcing all employ- Confessing error: I came to the floor SCHUMER for his diligence in noting my ers to provide federally prescribed coverage, following the vote on the Hagel nomi- error. it is also likely to incent employers to drop nation to point out the difference be- The PRESIDING OFFICER. The Sen- coverage entirely, limit employees’ hours, tween a vote against a premature mo- ator from Utah. and restrict job growth. tion to cut off debate—which I thought Mr. HATCH. Madam President, I ask The requirement would also disproportion- the majority leader made—and an ef- ately disadvantage low-income workers and unanimous consent that we return to the businesses that employ them, since these fort to kill a nomination with a fili- the Halligan nomination. are the workers that would trigger the pen- buster, which are two different things. I also ask further unanimous consent alty provision and subject a business to un- I pointed out—correctly—that in the that I be permitted to speak following predictable and significant fines. Further, history of the Senate, we have never the distinguished Senator from Mary- for the first time, the PPACA defines a ‘‘full- denied to a district judge nominee his land. time’’ employee as someone who works 30 or her seat because of a failed cloture The PRESIDING OFFICER. Without hours per week, rather than the traditional vote, and I don’t believe we should. I objection, it is so ordered. definition of 40 hours per week. pointed out we have never denied a The Senator from Maryland. It is critical that the employer mandate be removed before it takes effect in 2014 so that Cabinet nominee his or her seat be- Mr. CARDIN. Madam President, I am employers can focus on strengthening their cause of a filibuster, with the possible taking this time on the floor to speak businesses, hiring more workers, and revital- exception of John Bolton, whom the in support of the nomination of Caitlin izing the economy. The Chamber looks for- Democrats filibustered. Some Presi- Halligan to be U.S. Circuit judge for

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In her current clear she filed these briefs at the direc- we have had in the past confirming ju- position, she is focused on reducing tion of the New York attorney gen- dicial nominees and the use of the fili- crime, protecting victims of domestic eral—arguing on behalf of New York buster that blocked the consideration and sexual violence, and reviewing so- State, not her own views. It was her re- of Presidential nominees. called cold cases that remain unsolved. sponsibility as solicitor general to rep- Senator ALEXANDER pointed with Most of Ms. Halligan’s career has resent her client, the State of New pride to an accommodation that was been dedicated to public service and York. reached a few years ago, before I got to law enforcement. She has also made Of course, she has worked on con- the Senate, that the filibuster would time over the years to devote substan- troversial issues before the State of only be used in ‘‘extraordinary cir- tial time to pro bono work, including New York, such as affirmative action, cumstances.’’ representing the evacuees from Hurri- the death penalty, and same-sex mar- Ms. Halligan was first nominated by canes Katrina and Rita who were in riage. As New York solicitor general, President Obama in September 2010, danger of losing their rental assistance she argued in support of affirmative ac- after that accommodation had been benefits. tion and in defense of the constitu- reached. I am disappointed that her She has also served as pro bono coun- tionality of the death penalty because nomination was filibustered, nearly on sel to the Board of Lower Manhattan that is what her client’s position was a party-line vote, in December of 2011. Development Corporation, the entity and she represented her client. That is I urge my colleagues to allow an up-or- that is overseeing the rebuilding of what she is supposed to do. That is down vote on Ms. Halligan’s nomina- Lower Manhattan following the ter- what a lawyer does, represent her cli- tion. rorist attacks of September 11, 2001. ent as best as she can, and she did that I would challenge my colleagues who She has her priorities straight. She is well on behalf of her client, the State oppose an up-or-down vote to come to an outstanding attorney. She has used the floor and explain the extraordinary of New York. a lot of her time to help people less for- But I will remind my colleagues what circumstances that would prevent an tunate receive free legal services as a Chief Justice Roberts said during his up-or-down vote on Ms. Halligan’s result of her participation. Supreme Court confirmation hearing in nomination. She is extremely well Ms. Halligan has received widespread qualified for this position, and I will terms of attributing the views of a cli- support from law enforcement and support her nomination. ent to an attorney. Chief Justice Rob- The Senate Judiciary Committee fa- legal professionals across the political erts testified that: vorably reported her nomination last spectrum which I understand will be It’s a tradition of the American Bar that month. The American Bar Associa- made part of the RECORD, so I will not goes back before the founding of the country tion’s Standing Committee on the Fed- repeat those statements now. that lawyers are not identified with the posi- tions of their clients. eral Judiciary unanimously rated Ms. I have heard only two substantial Halligan ‘‘well qualified’’ to serve on reasons in opposition to her nomina- We should apply the same standard the D.C. Circuit—the highest rating tion. Let’s review those two points that when considering Ms. Halligan’s nomi- from its nonpartisan peer review. have been raised to see whether they nation, as our legal system requires Ms. Halligan received her A.B. from are extreme circumstances that war- vigorous advocacy by both sides of a Princeton University and her J.D. from rant a vote to support a filibuster. Last dispute. Georgetown University Law School. time we had over 40 Senators who sup- I quote Chief Justice Roberts here in After law school, she clerked for Su- ported the filibuster basically blocking part because Ms. Halligan, quite re- preme Court Justice Stephen Breyer an up-or-down vote. We had an accom- markably, has been nominated in 2013 and for Judge Patricia Wald on the modation that would only be used for to fill Chief Justice Roberts’ former D.C. Circuit, the court to which she has extraordinary circumstances. Let’s seat in the D.C. Circuit, which became now been nominated. take a look at the two cases that have vacant in 2005. After working in private practice, been made about why those extraor- This brings me to the second argu- Ms. Halligan joined the New York dinary circumstances may exist—and, I ment that has been used. I urge my col- State attorney general’s office. She will submit, they do not exist. leagues to consider whether this is an began working in the office as the first One argument is that Ms. Halligan is extraordinary circumstance that justi- chief of the office’s Internet Bureau, a liberal advocate who cannot set aside fies a vote in support of a filibuster. where she worked to protect consumers her personal views on issues, including The second argument is that this against Internet fraud and safeguard the second amendment. The other ar- court has a low caseload, which is just online privacy. She was ultimately pro- gument is that the D.C. Circuit has too not the case. Chief Justice Roberts was moted to the position of solicitor gen- low a caseload to justify additional elevated from the D.C. Circuit to the eral, a position she held for 6 years. judges. Supreme Court in 2005. His seat has The solicitor general is basically the Ms. Halligan was questioned about been vacant for 8 years, one of the top attorney for the State of New her views on the second amendment longest circuit vacancies in the coun- York. issues during her Senate Judicial Com- try. The D.C. Circuit has four vacan- In that capacity she managed a staff mittee hearing. She testified, both at cies on the 11-member court. That is of nearly 50 appellate attorneys liti- her hearing and in response to written one-third of the court that is currently gating in State and Federal appellate questions, that she would faithfully unfilled. courts. Her responsibility included follow and apply the Supreme Court Ms. Halligan has been nominated by handling cases of public corruption and precedent from the District of Colum- the President for the seat formerly judicial misconduct. bia v. Heller and McDonald v. Chicago, held by Chief Justice Roberts, so, of She then became a leading appellate which held the second amendment pro- course, the Senate should act as quick- lawyer in private practice at a national tects an individual right to keep and ly as possible to fill this seat. law firm, serving as counsel of record bear arms for self-defense. The D.C. Circuit is often referred to for a party or amicus curiae in nearly When asked by Senator GRASSLEY as the second most important court in 50 matters before the U.S. Supreme whether the rights conferred under the the land due to the complexity and im- Court. second amendment are fundamental, portance of its caseload. The court reg- She is well qualified for the position Ms. Halligan answered: ‘‘That is clear- ularly reviews highly technical deci- to which President Obama has nomi- ly what the Supreme Court held and I sions and rulemaking of Federal agen- nated her. will follow that precedent, Senator.’’ cies that are based in Washington,

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Circuit is Federal bench, and the Senate owes the arguing that the AUMF does not au- often the last word in these cases. President no deference under those cir- thorize the seizure and long-term mili- According to the Administrative Of- cumstances. tary detention of lawful permanent fice of the U.S. Court, the caseload per That is the kind of nominee we have resident aliens. active judge in the D.C. Circuit has in- before us today. This position again disregarded the creased 50 percent since 2005, when this Nothing has changed since a cloture Supreme Court’s holding in Hamdi v. vacancy was created. It was also the motion failed on this nominee in De- Rumsfeld and appears even to conflict year the Senate confirmed President cember 2011. with the Obama administration’s jus- Bush’s nominee to fill the 11th seat on Well, that might not be quite true. tification of assassinating American the court. Let me repeat that. We in One thing that has changed is that citizen Anwar al-Awlaki. 2005 confirmed President Bush’s 11th the need to fill another vacancy on the She just won’t take no for an answer seat of the 12-seat court. Justice de- D.C. Circuit is even less today than it when pushing such extreme views, not layed is justice denied. was then. even from the D.C. Circuit or the Su- To remind my colleagues, the Senate Year after year, case filings decrease preme Court itself. confirmed President Bush’s nominees for the D.C. Circuit while they increase That is the classic definition of judi- for the 9th, 10th, and 11th seats on the for the rest of the judiciary. cial activism, trying to use the courts Year after year, the D.C. Circuit D.C. Circuit. Ms. Halligan is President to advance a political agenda no mat- ranks last among the 12 geographical Obama’s first nominee to the District ter what the law is. Circuit to fill the eighth seat. The Sen- circuits in the number of appeals filed As Solicitor General of New York, ate confirmed four of President Bush’s per three-judge panel. Halligan aggressively sought to hold The court has even cancelled argu- nominations to the D.C. Circuit, twice gun manufacturers liable for criminal ment days because of an insufficient filling the 10th seat and once filling the acts committed with handguns. docket. 11th seat. And I would remind my friends on In one speech, she said that the Fed- So there is no extraordinary cir- the other side of the aisle that the D.C. eral Protection of Lawful Commerce in cumstance that exists. Let’s be clear Circuit’s caseload today is lower than Arms Act ‘‘would nullify lawsuits. . . about that. A vote against moving for- when they used this argument to block including one brought by my office. . . ward is filibustering a judicial nominee President Bush’s nominees to this that might reduce gun crime or pro- in an effort to kill the nominee and not court—which they did. mote greater responsibility among gun allow an up-or-down vote. There are no Looking at the nominee herself, dealers.’’ extraordinary circumstances that Caitlin Halligan was a member of the The Senate voted overwhelmingly for would justify the delay and not allow- New York City Bar’s Committee on this legislation in July 2005. ing us to have an up-or-down vote. Federal Courts and signed its March Once again, Halligan turned to the I urge my colleagues to vote for us 2004 report titled ‘‘The Indefinite De- courts to push her personal political proceeding and not using the filibuster; tention of ‘Enemy Combatants’: Bal- views, filing a legal brief challenging to adhere to the agreement that was ancing Due Process and National Secu- the law’s constitutionality. reached. Again, it was before I got to rity in the Context of the War on Ter- In New York v. Sturm & Ruger, she the Senate. It was the right agreement, ror.’’ argued that gun manufacturers main- that there should truly be an extraor- Based on policy rather than legal tain a ‘‘public nuisance’’ of illegally dinary circumstance that prevents an grounds, it makes left-wing arguments possessed handguns. up-or-down vote on a judge. It does not that courts and even the Obama admin- The New York Court of Appeals re- exist in this case. President Obama’s istration itself have repudiated. jected Halligan’s activist approach, nominee is well qualified. The court is Although she tried to distance her- concluding that ‘‘the Legislative and in desperate need of additional judges, self from the report’s left-wing posi- Executive branches are better suited to being four seats short today, only two- tions at her confirmation hearing, address the societal problems con- thirds of the bench having been ap- Halligan signed rather than abstained cerning the already heavily regulated pointed and confirmed to date. I urge from the report, as four other com- commercial activity at issue.’’ my colleagues to vote in favor of pro- mittee members had done, and never Attempting to address social prob- ceeding and then, after we have the repudiated it before her hearing. lems in the judicial rather than the nominee before us, I hope my col- If she were a Republican nominee, legislative branch is a hallmark of ju- leagues will join me in supporting the my friends on the Democratic side dicial activism. confirmation. I think Ms. Halligan will would call this a confirmation conver- Finally, other legal briefs she has make an outstanding member of the sion. filed similarly demonstrate extreme D.C. Circuit. Her report argued that the Author- views that the Supreme Court has re- Mr. HATCH. Madam President, we ization for the Use of Military Force, jected. have before us one of the most activist or AUMF, does not authorize indefinite In Scheidler v. NOW, Halligan argued judicial nominees we have seen in detention of enemy combatants. that pro-life protesters should be pros- years. The Supreme Court rejected this in ecuted under the Federal racketeering Rather than choose a more consensus Hamdi v. Rumsfeld. The Obama admin- statute because they somehow engage nominee, President Obama has chosen istration has sought, and the D.C. Cir- in extortion. to again provoke a political confronta- cuit has adopted, a broad construction The Supreme Court voted 8–1 to re- tion. of the AUMF. ject that position. This is unnecessary, divisive, and not Halligan’s report argued that alien And in Hoffman Plastics Compounds, in the best interests of either the judi- terrorists should be tried in Article III Inc. v. NLRB, the Supreme Court re- cial selection process or the judiciary. courts, with full constitutional protec- jected Halligan’s position that the The Constitution gives the power to tions, rather than in military commis- NLRB can grant backpay to illegal appoint judges to the President, not to sions. aliens. the Senate. I believe, therefore, that On March 7, 2011, President Obama As I said, the Senate owes the Presi- the Senate owes the President some signed an executive order re-estab- dent some deference with regard to his

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But when a nomi- refined in overseas facilities with fields in North Dakota and Montana. nee’s record clearly shows that she has weaker environmental standards and As the most recent State Department a politicized view of the courts, I for more emissions than facilities in the report confirms, it will create tens of one have to say no. United States. The United States, thousands of jobs during the construc- The political ends do not justify the moreover, will continue to import oil tion phase, boost the American econ- judicial means. from the Middle East—again on tank- omy, raise much needed revenue for I urge my colleagues to oppose this ers. Factor in the cost of trucking and State and local governments at a time nominee. railing the product to market over land when they very much need it, and do it I yield the floor. and the results—contrary to the claims without raising taxes. Perhaps most The PRESIDING OFFICER. The Sen- of its opponents—will be more emis- importantly, it will put our country ator from North Dakota. sions and a less secure distribution sys- within striking range of a long-sought Mr. HOEVEN. Madam President, I tem than if in fact we build the Key- goal, and that is true energy security. rise to speak as in morning business. stone XL Pipeline project. For the first time in generations, the The PRESIDING OFFICER. Without Let’s look at it. This is a common- United States—along with its closest objection, it is so ordered. sense argument. The report indicates friend and ally Canada—has the capac- KEYSTONE XL PIPELINE less emissions if we build the project. ity to produce more energy than we Mr. HOEVEN. Madam President, last Yet it is being held up by extreme ac- use, as well as eliminate our reliance week the U.S. State Department issued tivists on the basis that if we build the on the Middle East and other volatile its new environmental review for the pipeline, somehow we get more emis- parts of the world such as Venezuela. Keystone XL Pipeline. This is the sions. That is just not the case. Even after an exhaustive review proc- With the pipeline from up in the Ed- fourth environmental review in nearly ess, the consent of every State along monton-Hardisty-Alberta, Canada re- 5 years of study. Unsurprisingly, it said its route, the backing of a majority of gion, the pipeline brings oil down right the same thing as all the other reports Congress, and the overwhelming sup- in the North Dakota-Montana area have said. port of the American people, the Key- where it picks up 100,000 barrels a day The Keystone XL Pipeline will have stone XL Pipeline project continues to from the Bakken. The oil then goes to no significant impact on the environ- languish at the hands of the President ment. Again, the Keystone XL Pipeline refineries in Illinois and Oklahoma, Texas and Louisiana. We have domestic of the United States. will have no significant impact on the We again ask, as we have before, that environment. oil, from our country, oil from our closest friend and ally, Canada, that we President Obama and Secretary of Ironically, the report indicates that State Kerry provide us with an actual there will be more emissions if you do are using here in our refineries for our customers: more energy, more jobs, timeline and some certainty as to when not build the pipeline than if you do this long-delayed project will finally build the pipeline. So let’s go through more economic activity so we get eco- nomic growth, we get revenue to re- get approved. that for a minute. The Keystone XL The Keystone XL project will provide Pipeline project is perhaps the most duce the debt and the deficit without raising taxes, and it is a national secu- tens of thousands of jobs and hundreds thoroughly studied and long-delayed rity issue. Instead of having tankers of millions of dollars in revenue to help project of its kind in U.S. history. The coming from the Middle East bringing us reduce our debt and deficit, and it State Department’s favorable finding heavy crude in some cases which in will do it with good environmental in this, its most recent report, under- fact has higher emissions than the Ca- stewardship. scores both the good environmental nadian oil, we rely on oil from our With 70 percent of the American peo- stewardship of this project and the country and Canada. We get what ple in support of the Keystone XL Pipe- need to begin construction without fur- Americans want; that is, no longer de- line and 12 million Americans still out ther delay. But the State Department pending on the Middle East for oil. of work, there is no reasonable excuse now indicates it will hold a 45-day com- If we do not build the pipeline, the oil to delay this project any longer. ment period and an as-yet-undeter- is still produced. This oil will be pro- I yield the floor and note the absence mined period of time before it will duced, but it will not come to the of a quorum. issue a final environmental impact United States. It is going—where? It is The PRESIDING OFFICER (Mr. statement. Then it will conduct an going to China. And it is going to be MANCHIN). The clerk will call the roll. interagency comment period to make sent on tankers over to China so you The assistant legislative clerk pro- its national interest determination. have not only the emissions of those ceeded to call the roll. So while we welcome the finding of tankers but it is going to be refined in Mr. ROBERTS. Mr. President, I ask no significant impact, for the fourth Chinese refineries which have worse en- unanimous consent that the order for time now, we have yet another indeter- vironmental standards than we do, and the quorum call be rescinded. minate delay which runs counter to we continue to bring in oil from the The PRESIDING OFFICER. Without both public opinion and reasonable due Middle East. That makes no sense and objection, it is so ordered. diligence. After four environmental re- that is why 70 percent of the American Mr. ROBERTS. Mr. President, I ask views and favorable results, the Presi- people approve the project. Only 17 per- unanimous consent that I be recog- dent needs to approve the Keystone XL cent have indicated opposition. nized for 15 minutes as in morning Pipeline project without delay because This is about President Obama mak- business. there remains no excuse not to do it. ing a decision for the American people The PRESIDING OFFICER. Without The argument has been advanced rather than for special-interest groups. objection, it is so ordered. that the oil sands will increase carbon In my home State of North Dakota, as (The remarks of Mr. ROBERTS per- emissions and that failing to build the I say, we will put 100,000 barrels a day taining to the introduction of S. 458 are Keystone XL Pipeline will somehow re- of light sweet Bakken crude into that printed in today’s RECORD under duce emissions. But the most recent pipeline. That takes 500 trucks a day ‘‘Statements on Introduced Bills and State Department report makes clear off our roads. That is a safety issue. Joint Resolutions.’’) that this contention is false. The re- That is an issue for our roads in west- Mr. ROBERTS. I suggest the absence port actually indicates just the oppo- ern North Dakota. of a quorum. site, that if the pipeline is not built To recount briefly, this is a $7 billion The PRESIDING OFFICER. The from Alberta, Canada to the United high-tech pipeline project that will clerk will call the roll.

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.000 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2380 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 March 5, 2013 The bill clerk proceeded to call the ary Committee, I have seen firsthand and across the spectrum. Everyone, roll. the consequences of this ongoing, slow- from New York City police commis- Mr. MCCAIN. Mr. President, I ask rolling crisis in our Federal courts. sioner Raymond Kelly to preeminent unanimous consent that the order for Right now we have more than double conservative lawyer Miguel Estrada, the quorum call be rescinded. the judicial vacancies we had at the has supported her nomination. The The PRESIDING OFFICER. Without same point in the last administration. American Bar Association’s standing objection, it is so ordered. The Senate has confirmed 30 fewer of committee unanimously gave her its Mr. MCCAIN. Mr. President, I ask President Obama’s nominees than it ranking of highest qualification to unanimous consent to speak as in had of President Bush’s at this same serve: ‘‘highly qualified.’’ Yet Ms. morning business. time. Halligan has had to face, in my view, The PRESIDING OFFICER. Without One of the most underresourced cir- outrageous distortions of her record objection, it is so ordered. cuits is right here under our nose in that cause one to wonder if any nomi- The Senator from Arizona is recog- Washington, DC. The D.C. Circuit is nee to this circuit would be acceptable nized. often called the second most important on their merits. Mr. MCCAIN. I thank the Chair. court in the land. Although it may not Ms. Halligan has withstood steady (The remarks of Mr. MCCAIN per- make the headlines, it may not be as and withering political attacks on posi- taining to the submission of S. Con. visible to the American people as this tions she advocated while solicitor gen- Res. 5 are located in today’s RECORD ongoing fight between the Congress eral for the State of New York, posi- under ‘‘Submitted Resolutions.’’) and the President, the D.C. Circuit de- tions she argued on behalf of her cli- Mr. MCCAIN. Mr. President, I suggest cides issues of national importance, ent—New York State and its attorney the absence of a quorum. from terrorism and detention to the general—not positions that represented The PRESIDING OFFICER. The scope of agency power. It has impor- her own personal views. If you reflect clerk will call the roll. tance to every American, not just the on this, it is, as all practicing attor- The bill clerk proceeded to call the ones who happen to live in the District neys know, inappropriate to disqualify roll. of Columbia, and yet its bench is al- a judicial candidate because she advo- Mr. COONS. Mr. President, I ask most half empty. cated a position for a client with which unanimous consent that the order for Congress has set the number of a certain Senator might disagree or the quorum call be rescinded. judgeships needed by the D.C. Circuit which has been rejected by a court. The PRESIDING OFFICER. Without Court at 11, and right now they have This fundamental principle that you do objection, it is so ordered. just 7. President Bush had the oppor- not associate an attorney with a posi- Mr. COONS. Mr. President, the tunity to appoint four judges to the tion advocated in court has been wide- Founders of our country, committed to D.C. Circuit, including the 10th judicial ly shared, widely supported, and, in justice and fairness for all its citizens position twice and the 11th judicial po- fact, Chief Justice Roberts himself and in establishing a structure that sition once. Yet President Obama has said: would make this country uniquely been denied the opportunity to make It’s a tradition of the American Bar that strong as a democracy, gave us three even a single appointment to the D.C. goes back before the founding of the country coequal branches of our government. Circuit Court despite four vacancies. that lawyers are not identified with the posi- Two of those branches have dominated As a result, the per-judge caseload is tions of their clients. the national news recently as we lurch today 50 percent higher than it was Even so, Ms. Halligan’s positions on from crisis to crisis, from fiscal cliff to after President Bush had the oppor- issues such as, for example, marriage sequester. The back-and-forth between tunity to fill that last, the 11th seat. and States rights have hardly been rad- the President and Congress, between And in terms of our obligation to this ical. When asked to analyze New the executive and the legislative coequal branch, our obligation to the York’s marriage law, she concluded branches, has been the headline day citizens of the United States, and our that the State statute did not provide after day. obligation to provide an opportunity same-sex couples with the right to Meanwhile, the third coequal branch, for justice, that is an outrage. marry. When presented with the ques- the judicial branch of our Federal Gov- Today the Senate has the oppor- tion of whether a ban on same-sex mar- ernment, has quietly gone about its tunity to take up and consider a highly riage was legal under the New York business, doing its job for the Amer- qualified nominee to fill one of these Constitution, she merely said that ican people, providing fair hearings, vacancies, to start to do our job and there were arguments for and against equal justice under the law, the basic bring this vital circuit court closer to and that it should be left to the courts right to a speedy resolution to any dis- full capacity. We can do that by con- to decide. What could be more modest pute—or has it? firming the nomination of a brilliant than deciding that a constitutional All around this country members of lawyer and a dedicated public servant question should be decided by the the judicial branch are getting their named Caitlin Halligan. courts and not the executive branch? jobs done but with fewer and fewer re- Ms. Halligan, with whom I have met, Yet I have heard on this floor and else- sources and support, fewer colleagues has been nominated to the D.C. Circuit where her positions on this and other on the bench than ever before. Nearly Court and renominated to the D.C. Cir- issues mischaracterized as extreme, as 10 percent of all Federal judgeships— cuit Court and renominated to the D.C. out of the mainstream. In my view, positions for Federal judges that Circuit Court across three sessions of this position demonstrates her great should be filled—are vacant, empty, Congress—the 111th, 112th, and 113th. respect for our judicial process and leaving those judges who are on the She has been nominated because of her proves that if this body confirms her to bench overwhelmed with steadily in- superb qualifications and her impres- the bench, she would fairly and faith- creasing caseloads and unable to pro- sive personal background. fully apply precedent in making impor- vide the level of service, certainty, and She worked in private practice at a tant decisions on the D.C. Circuit. swift resolution that the American respected New York law firm. She She told us directly on the Judiciary people deserve and upon which our gov- served in public service as solicitor Committee that she would respect and ernment was predicated. general for the State of New York. She apply precedent in other important Particularly when you are the one is currently the general counsel of the cases—cases that touch on the second going into court seeking redress or New York County District Attorney’s amendment, such as the District of Co- when you are the one facing legal ac- Office—an office that investigates and lumbia v. Heller and McDonald v. Chi- tion, justice delayed is justice denied. prosecutes 100,000 criminal cases every cago, cases that held that the second As a member of the Delaware bar and a year. amendment protects an individual’s former Federal court clerk myself, as Ms. Halligan has earned the support right to keep and bear arms for self-de- well as a member of the Senate Judici- of her colleagues in law enforcement fense. I am confident, despite what we

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In is right—there have only been five Halligan is not anti-law enforcement my view, having reviewed her quali- women to serve on the D.C. Circuit in in any way. She spent most of her ca- fications, having sat through meetings, 212 years. reer in law enforcement. New York Po- and having looked at her record, she The D.C. Circuit is currently one- lice Department Commissioner Ray has earned her nomination to the D.C. third vacant. Four of its 11 slots—37 Kelly, hardly a shrinking violet, hardly Circuit Court. She deserves this Senate percent—are without active judges. Ms. a wallflower—he is a tough-on-crime to get out of the way and to stop this Halligan is one of the two nominees for guy; that is why I like him so much, endless delay of consideration of quali- these four slots. and he is one of the most respected law fied candidates for the bench and let Two years ago, when Halligan was chiefs in the country—has written a her get to work. first filibustered, many of my col- letter in full support of her. Today the Senate has an oppor- leagues decided they could not support Specifically, Halligan has lived with tunity, a chance to do the right thing, a cloture motion because she would the consequences of terrorism. She to stop endless partisan political have been the tenth judge on an 11- lives not far from the World Trade Cen- games, to break through our gridlock member court, a court they perceived ter site, and she represented the Rede- and get something done in the interest as understaffed and overworked. I take velopment Corporation there in its of the American people and especially issue with the fundamental premise. post-9/11 efforts. She has personally those who seek swift and sure justice. The D.C. Circuit hears many of the handled terrorism cases in the New Every individual and business in this most complex and important cases in York Manhattan office. In her hearing country has the fundamental right to a the country. The court hears appeals she stated her beliefs regarding the ex- fair and fast trial, to access to the judi- from virtually every regulatory agen- ecutive’s power to detain terrorism cial system, and to the hearing of their cy, reviews statutes, has jurisdiction suspects. appeals in an appropriate and timely over numerous terrorism cases, includ- I have heard evasive nominees. She manner. And judicial vacancies and ing those from Guantanamo Bay. But was not evasive. She gave completely understaffed courts at the district and even if I were to accept the faulty clear answers to every single question the circuit level are denying them that premise that the court somehow needs that was asked. right. This Senate and its dysfunction fewer judges than it ever had, the court The second possible reason my col- are denying them that right. So today that hears the most complex cases, the leagues might decide to oppose cloture I urge my colleagues on both sides of court is now near a crisis point. There for such a reasonable candidate and the aisle to do our job, to confirm are only seven active judges currently such a gifted lawyer is that they want Caitlin Halligan and recommit our- sitting. What is more, the caseload per to put their own judges on the D.C. Cir- selves to moving forward in a produc- judge has risen by 21 percent—21 per- cuit and they would rather leave it va- tive and bipartisan way. cent since the last judge was con- cant than move Halligan. In other Mr. President, I suggest the absence firmed, and that was under President words, it is not that Halligan is ex- of a quorum. Bush’s administration. treme—unacceptably extreme in her The PRESIDING OFFICER. The I think there is now more than com- views; it is simply that she doesn’t clerk will call the roll. pelling evidence that the caseload- share all their views. It is one thing to The legislative clerk proceeded to based argument against Halligan is fight against certain judicial nominees call the roll. gone, and you would have thought our with the sincere belief that they are Mr. SCHUMER. Mr. President, I ask colleagues on the other side of the aisle outside the judicial mainstream. It is unanimous consent that the order for would say: OK, four vacancies, the last another for my colleagues to fight the quorum call be rescinded. vacancy filled under Bush, we can now against a nominee because they dis- The PRESIDING OFFICER. Without move to support her. But they do not. agree with him or her. objection, it is so ordered. What else could possibly prevent a I always look for judges, when I Mr. SCHUMER. Mr. President, first vote on Halligan? Is it her ideology? I nominate them, who are moderate. I let me compliment my colleague from submit to my colleagues it cannot pos- don’t like judges too far right. That is Delaware not only for his typically ex- sibly be her ideology. If zero is ex- obvious. But I equally do not like cellent remarks today but also for his tremely liberal and 10 is extremely judges too far left. My judicial panel vigilance on these issues. He is a rel- conservative, Halligan falls right in the will tell you, if I think a judge is too atively newer member of the Judiciary sweet spot of judges who both Presi- far left I will not nominate them, be- Committee, but he has jumped into dent Obama and President Clinton cause judges at the extremes, which- these issues with tremendous eager- have generally nominated, 5s and 4s, ever extreme, tend to want to make ness, intelligence, balance, and effec- maybe even a 6 or two. Opposing law, not interpret law. The best judges tiveness. So I thank him for his great Halligan on her ideology, opposing are those who see things clearly and remarks. even a cloture vote based on her ide- fairly, not through an ideological lens, I too rise today in enthusiastic sup- ology, can mean only one of two whether that lens is colored red or port of the nominee to the Court of Ap- things: blue. Those are judges who understand peals for the D.C. Circuit, Caitlin First, that some of my colleagues the law, understand the role of each Halligan. Ms. Halligan has been wait- have misread her record. Let me clear branch of government, understand the ing 23 months for an up-or-down vote. up a few things today. Halligan is not proper balance between State and Fed- More importantly, the entire country anti-gun nor anti-second amendment. eral power, and understand the people has been waiting to fill this position— She has clearly said at her hearing she who come before the bench. a judgeship on the second most impor- fully supports the individual second I say one other thing to my col- tant court of the Nation—for 23 amendment right to bear arms as the leagues. I just finished working with a months. Supreme Court decided in Heller. Her bunch, four of us on each side, on com- The question we are going to answer briefs for the State of New York— ing up with a compromise so we could tomorrow is, Can we take some of our which were product liability cases, not work together better. I want to let my bipartisan good will, our desire to leg- second amendment cases—were briefs colleagues know—I have done it per- islate and get things done for the coun- for a client and not her own views, just sonally with a few—that this vote, the

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.000 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2382 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 March 5, 2013 desire to actually filibuster Caitlin go for 3 minutes here before he has the said, but we simply came together and Halligan, is causing a lot of consterna- next turn. I appreciate that. stood up for one principle, that our job tion on our side. Clearly, this is a judge I come to the floor as some of our is to decide if someone is qualified, if who deserves an up-or-down vote. One colleagues have done already, and we they can do the job, if they can inter- of the reasons that many of my col- just heard from the great Senator from pret the law. This candidate can do it leagues—myself included—thought we New York, to discuss the nomination of and she can do it well. If Senators ulti- ought to change the rules was because Caitlin Halligan to the D.C. Circuit mately wish to oppose her nomination, a judge such as Caitlin Halligan, a Court. Caitlin Halligan is currently the fine, that is their choice. But they nominee such as Caitlin Halligan, General Counsel at the New York should not filibuster an extremely should not be filibustered. I have re- County District Attorney’s Office. New qualified candidate. Let her have an spect for my friends on the other side York County is just another name for up-or-down vote. of the aisle, but when they say—one of Manhattan, so we are talking about a I yield the floor. my colleagues I heard say this morn- big county and a big office. In fact, it The PRESIDING OFFICER. The Sen- ing—that this one brief she signed with handles about 100,000 criminal cases ator from Utah. Mr. LEE. Mr. President, I ask unani- a bunch of others was extraordinary each year. mous consent for leave to engage in a circumstances, that did not ring true. Before that, she was Solicitor Gen- colloquy with Senator BARRASSO for a If that is extraordinary circumstances, eral of the State of New York for 6 period of time not to exceed 15 min- wearing the wrong color tie or the years and the head of the appellate utes. practice at a major law firm. She also wrong color blouse would be extraor- The PRESIDING OFFICER. Without clerked on both the D.C. Circuit and dinary circumstances. objection, it is so ordered. She has a long record. They can hard- the U.S. Supreme Court and has argued SEQUESTRATION ly find anything. They come up with five cases in front of the U.S. Supreme Mr. LEE. Mr. President, the Presi- Court. That is a resume. this one brief. They may not like it. dent of the United States has spent the The nonpartisan American Bar Asso- But to say it is extraordinary cir- last few weeks campaigning around our ciation committee that reviews every cumstances? No. great country at taxpayer expense, I say to my colleagues, I plead with Federal judicial nominee gave Halligan telling Americans about what he char- its highest possible rating, and over 100 them—we are trying to start off on a acterizes as the catastrophic impact of women law professors and deans wrote good foot here. We are working to- the sequester. He said, for example, a letter saying Halligan is exception- gether better than we have worked in a that the sequester will visit hardship ally qualified to serve on the D.C. Cir- long time. Each side has to give. Part on a whole lot of people. He said it will of the deal is amendments. They are cuit. There is no question that she has jeopardize our military readiness, it going to get a lot of amendments on the experience, ability, and intellect to will eviscerate job-creating invest- the other side of the aisle. But part of sit on the Federal bench. ments in education and energy and It is also important to recognize that our deal is not to block things for the medical research. He said the ability of sake of blocking them or because there she is not an ideological or partisan emergency responders to help commu- is another agenda. That goes not just nominee. Well-known lawyer Carter nities respond to and recover from dis- for blocking legislation but for block- Phillips, who was assistant to the So- asters will be disregarded. Border Pa- ing nominees. licitor General in the Reagan adminis- trol agents will see their hours re- It is true in the deal we made, the tration, has said that Halligan is ‘‘one duced. FBI agents will be furloughed. agreement we made, it was only for of those extremely smart, thoughtful, He said Federal prosecutors will have district court judges. That could go se- measured and effective advocates’’ and to close cases and simply let criminals riatim. But the spirit of our com- that she would be a ‘‘first-rate judge.’’ go. Air traffic controllers and airport promise applies to this court of appeals Phillips is not the only conservative security will see cutbacks, which nominee, and I have not heard a single lawyer to endorse Halligan. For exam- means more delays at airports across good reason why she should be filibus- ple, Miguel Estrada signed a letter the country. He said thousands of tered. from 21 prominent attorneys which teachers and educators will be laid off People disagree with her. I voted stated that Halligan ‘‘brings reason, in- and that tens of thousands of parents against some of George Bush’s nomi- sight and judgment to all matters’’ and will have to scramble to find childcare nees because I thought their views ‘‘would serve with distinction and fair- for their kids. And he also continued: were not quite mine, even if they were ness.’’ Hundreds of thousands of Americans not extreme. And everyone on the Given support like that from people will lose access to primary care and other side of the aisle has the right to such as Miguel Estrada, I don’t think it preventive care such as flu vaccina- do the same. But not filibuster. can be said that Halligan is an extreme tions and cancer screenings. This court is a very important court. ideologue or that she is outside the Today we see the predictions of doom We know it makes lots of decisions mainstream of legal thought. Her nom- and gloom have not come to pass. We about government. But that does not ination should not and cannot be have seen that many of these state- give license to block a nominee on blocked. ments have been severely exaggerated, what seem to be trivial grounds, incon- This is a great candidate who will if not disproven. People in my home sequential grounds, given her long ca- make a great judge. As New York City State of Utah have found the effects of reer. Police Commissioner Ray Kelly said the sequester to be not quite what the So again I urge, plead with my col- about her, she ‘‘possesses the three President predicted. One of our local leagues, please reconsider this cloture qualities important for a nominee: In- Utah news stations reported that vote. Please give her the 60 votes she telligence, a judicial temperament and ‘‘there were no signs of sequester pain’’ needs so she can come to the floor and personal integrity.’’ at the airports. When asked about se- get the up-or-down vote she has waited She must be confirmed without questration, one Utahn responded: ‘‘If 23 months for. It violates fairness. It delay. Filibusters are about debating they can’t handle a 2 percent reduction violates the comity we are trying to re- issues. This is an individual. We cannot in spending then I guess we need to get store in this body. It violates simple amend her. We simply have to decide better and brighter,’’ meaning we need justice to vote no on cloture and to fili- whether she is qualified to be on the to get better and brighter people run- buster Caitlin Halligan. bench. There is absolutely no doubt. ning our government. I yield the floor. People may not agree with every single Other press reports indicate the ad- The PRESIDING OFFICER. The Sen- thing she said. I don’t think anyone in ministration’s doomsday claims have ator from Minnesota. this Chamber agrees with every single misled the public. The Washington Ms. KLOBUCHAR. Mr. President, I thing that judges have said or that peo- Post reported that the Education Sec- thank the Senator for allowing me to ple we put on the Supreme Court have retary’s claims about teacher layoffs

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And spending, the administration is pro- come first from important services Politico recently published a story moting panic. such as law enforcement, national se- showing the President’s claims about As Senator LEE pointed out, the ad- curity, border patrol, first responders, some capital staff getting pay cuts to ministration is threatening the Amer- and educators. be false. ican people with pink slips for teach- Just today, the administration an- I ask Senator BARRASSO, after all ers, cuts to airport security, cuts to nounced it was going to furlough these scare tactics over the last 2 the Coast Guard patrols, cutting border schoolteachers who educate the chil- weeks, does the President have a credi- patrol and enforcement, closing na- dren of military families on U.S. mili- bility problem with the American peo- tional parks, cutting food safety in- tary bases, recognizing, of course, that ple when it comes to the sequester? spections, eliminating Head Start, most school systems are operated at Mr. BARRASSO. I believe my friend Meals on Wheels, and the list goes on. the State and local level. They are from Utah is absolutely correct. There We need to be honest with the Amer- funded primarily at the State and local is a creditability gap here. These mod- ican people that we are $16.5 trillion in level. The administration started fo- est cuts should prompt Washington to debt. That is not a threat; it is the cusing on educators who teach on base take a closer look at how we spend tax- truth. We can no longer afford to ig- to military families, suggesting that payers’ money. I saw today that the nore the truth. Washington is burying those teachers would have to be fur- White House is now—they claim be- our children and grandchildren under a loughed. cause of the sequester—canceling mountain of debt, and if we don’t treat Republicans have a better idea. The White House tours. It is astonishing Washington’s spending addiction, the Senate Budget Committee—and in par- when they say they will not cut the problem is just going to get worse. We ticular the ranking Republican serving personnel there in terms of the secu- must not allow the debt to tie the on the Senate Budget Committee—has rity, but they will cancel the tours. I hands of future generations and pre- found that the cost of President would invite people from all around the vent them from reaching their dreams. Obama’s recent golf vacation with country who are planning a trip to I believe we have to take responsi- Tiger Woods cost Americans an Washington to come to the Senate, bility for the reality we are facing and amount of money that, if saved, would come to the House, and come to the we have to take action to change the have allowed us to prevent the fur- Capitol. We will make sure they re- course we are on. Of course, that means lough of 341 Federal employees. Can ceive tours if they would like. difficult decisions have to be made, but the President cancel a vacation or two Talk about a loss of credibility. The these decisions don’t need to be reck- in order to avoid some of these fur- Washington Post evaluates statements less. They don’t need to be dangerous. loughs? That is the question that has of folks, and over the last week they They don’t need to imperil our stu- prompted us to start this information have given Pinocchios for those who dents, teachers, military, senior citi- campaign that we refer to as ‘‘Cut this, are not telling the truth. There has zens or our national security. They not that,’’ as depicted in this graphic. This graphic shows under ‘‘Cut this,’’ been a parade of Pinocchios—a dozen of need to be smart, they need to be tar- golf vacations by the President, and these Pinocchios that were given. One geted, and they need to maximize the under the ‘‘not that,’’ it shows military statement is the President’s false value of each dollar spent and mini- base teachers. That is what we should claim on Friday during his news con- mize the risks and burdens to tax- be focusing on. That is where we ought ference that Capitol janitors will be re- payers. to prioritize. We need to identify those ceiving a pay cut. They gave him four I say to my colleague from Utah that areas where there could be a lower pri- instead of hitting taxpayers where they Pinocchios for that. It is not true. ority attached to something we are al- ‘‘The threat to free meals for sen- will feel it the most, the administra- ready spending money on. ‘‘Cut this, iors,’’ there are Pinocchios there. The tion has an obligation and a responsi- not that’’ sends a message to the Presi- false claim of pink slips for teachers by bility to work hard to cut spending dent and the American people that the Secretary of Education, another where the need is the least. I know the Washington should be setting spending four Pinocchios. There are two leadership the Senator from Utah has priorities rather than wasting their Pinocchios for the claim that ‘‘up to shown on ‘‘Cut this, not that’’ is some- hard-earned tax dollars. 70,000 children would lose access to thing I think Americans would agree I ask the Senator—through the Head Start and early Head Start serv- with completely. Chair—how can it be that this adminis- ices.’’ Mr. LEE. I thank my friend, Senator tration chooses to cut border law en- The Senator from Utah mentioned BARRASSO. I find it interesting that forcement, first responders, and edu- the concerns about the FAA with fur- what the Senator has observed on the cators instead of the fraud and waste loughs and closed air towers. The ver- streets of towns such as Evanston, that is so rampant in the government? dict is still pending on that. There is a Cheyenne, and Gillette in Wyoming is Mr. BARRASSO. I appreciate the parade of Pinocchios for the adminis- backed up by a recent poll conducted question. My friend is absolutely cor- tration at a time when the American by Gallup. That poll shows Americans rect. The cuts threatened by the ad- people know so much of their taxpayer understand that a lot of money Wash- ministration simply defy common dollars are being wasted. ington spends is wasted. This Gallup sense and logic. Despite claims to the I traveled around Wyoming this past poll shows that the average American contrary, the President actually does weekend, and people at home think believes Washington wastes 51 cents have a choice. He can take a thought- that at least half of the money they out of every $1 it spends—51 cents. ful, reasoned approach to imple- send to Washington is wasted. It is More than half of every dollar that menting the sequester by cutting time now to take an opportunity to hard-working Americans earn and send wasteful spending that we all know ex- eliminate wasteful and duplicative to Washington gets wasted. ists or he can continue to threaten and spending. We should streamline the Congress and the President should be scare the American people with need- Federal bureaucracy. We should make working together to target, reform, re- less cuts to vital programs and serv- government programs more efficient. duce, and eliminate wasteful spending ices. We should be more thoughtful in terms that the American people are noticing. I put together a list of a few places of how targeted cuts will work to en- They should be working to get rid of where I would encourage the President sure vital programs continue without and reform ineffective programs. to look for reasonable cuts because interruption. Meanwhile, the President is threat- there are so many programs that are At the end of the day, we should ening to make cuts to government inefficient, ineffective or overlap with make sure taxpayers are getting value spending as painful as it can possibly other programs. There are over 80 eco- for their hard-earned dollars. The ad- be. Instead of targeting waste, the nomic development programs that op- ministration does not see it that way President is using scare tactics to per- erate out of 4 different Cabinet agen- at all. Instead of promoting responsible suade Americans that cuts have to cies: the Department of Agriculture,

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We need to hammer out these ideas and not been obligated to any purpose, sit- These are important, but do we need come up with a budget that fairly and ting there waiting to be spent, where 173 programs when one department of accurately represents the priorities of we have borrowed money—$12 billion— the government doesn’t know what the the American people. We need to pass a that they have not obligated. other one is doing? budget, and I urge my colleagues to do One of the things my staff has discov- There are 20 agencies that oversee so. ered is the USDA has upcoming con- more than 50 financial literacy pro- I thank the Chair. ferences in terms of food tasting and grams. There are more than 50 pro- I yield the floor. wine tasting on the west coast. Now, in grams supporting entrepreneurs across Mr. BARRASSO. Madam President, I normal times there would not be any- 4 different departments of government. suggest the absence of a quorum. thing wrong with Federal employees There are 47 different job training pro- The PRESIDING OFFICER (Ms. WAR- traveling to the west coast to both en- grams. Is job training important? Ab- REN). The clerk will call the roll. courage and assess where we are in solutely. There are 47 different pro- The assistant legislative clerk pro- terms of some of our agricultural pro- grams, 9 different agencies, and it cost ceeded to call the roll. duction. But I would think maybe this $18 billion in fiscal year 2009. Out of 47 Mr. COBURN. Madam President, I is one of the things the U.S. Depart- programs, only 5 of them have had an ask unanimous consent that the order ment of Agriculture ought to cancel, impact study completed since 2004 to for the quorum call be rescinded. given where we are and the threat that see if they actually work and whether The PRESIDING OFFICER. Without has been put out there in terms of food participants in the program actually objection, it is so ordered. safety that has been announced in get a job. These have not been reviewed Mr. COBURN. Madam President, I terms of layoffs or time off for Agri- since 2004. Do we know they work? Do ask unanimous consent to speak as in culture Department employees. we need 47? Could they be improved morning business for such time as I Two USDA agencies—Rural Develop- upon? may consume. ment and the Agricultural Marketing We are looking at this sequester. The The PRESIDING OFFICER. Without Service—are sponsoring the 26th an- President proposed this sequester. The objection, it is so ordered. nual California Small Farm Conference President signed the sequester into Mr. COBURN. Madam President, I next week. In addition to speakers law, and now he claims he cannot live also ask unanimous consent to use an from the USDA agency, the gathering with the effects. I am here to say he is oversized poster. will feature field trips and tasting re- wrong. Responsibly implementing the The PRESIDING OFFICER. Without ceptions. ‘‘The Tasting Reception,’’ ac- cuts from the sequester is not only pos- objection, it is so ordered. cording to their Web site, ‘‘is the most sible, I believe it is necessary, as we see GOVERNMENT WASTE AND DUPLICATION well attended networking event of the here: ‘‘Cut this, not that.’’ Mr. COBURN. Madam President, conference and showcases the regional This debate is not about—as we read there has been a lot made of the se- bounty from local farms, chefs, in the Washington Post—the President quester and the things that may or wineries, breweries, bakeries and other trying to force it to an election to the may not happen associated with it. food purveyors.’’ And ‘‘special guest House of Representatives in 2014, it is Having spent the last 8 years looking chefs will turn donated local agri- about the economy and the future of at the Federal Government, I wrote the culture products into tasty dishes to our country. It is not just about small- Secretary of Agriculture a letter this sample with exceptional local wines er government, it is about smarter gov- week outlining some things they could [provided].’’ ernment. People think they are not do that would not put in jeopardy food There is nothing wrong with that in getting value for their money. inspection and other things. normal times. There is plenty wrong I believe it is past the time for Wash- In my 8 years of looking at the De- with sending multiple employees to ington to take the smarter approach to partment of Agriculture, there is ex- these types of conferences when we find our Nation’s spending addiction, and I tensive waste and duplication—the ourselves in the position we find our- appreciate the leadership of the Sen- GAO has confirmed that—and those selves in today. These conferences, I ator from Utah. things should be cut first and elimi- am sure, are fun, interesting, and even Mr. LEE. I thank the Senator. It is nated and consolidated before staffs educational getaways for USDA em- important for us to recognize that all that are in critical positions are fur- ployees, but food inspecting rather these observations draw back to one loughed. than food tasting should be the USDA’s central conclusion, which is that the The USDA currently has 120,000 em- priority at this time. sequester and wasteful spending we see ployees, and they have over 16,000 of- Not just to pick on them, but the so rampant throughout our Federal fices. Just thinking about 16,000 offices thing is Americans are not aware of Government is the natural product of ought to give us some pause. Why how expansive and duplicative many of the failure by the majority leadership would any agency, no matter what these programs are. In the domestic in the Senate to work with Repub- their requirements, need that number food assistance programs, as shown on licans to pass a budget. of offices? The agency notes on their this chart, this is what GAO shows us Last year, in the Senate, Republicans Web site that if they were a private we have running: 18 different Federal proposed 3 different budgets and re- company, they would be the sixth larg- programs across three Departments ceived as many as 42 votes. That is 42 est private company in America. That that spend $60 billion a year. more votes than the President’s budget is how big the USDA is and how diffu- According to the GAO, the avail- received in this body last year or the sive. ability of multiple programs with simi- year before or in the House last year or Today, there is one USDA employee lar benefits helps ensure that those in the year before. for every eight farmers—one USDA em- need have access to nutritious food, The majority party in the Senate— ployee for every eight people employed but it also does increase the adminis- those in charge of this body and elected in the farm area—or, overall, one trative costs of these programs. to lead in this body—have refused even USDA employee for every 18 farms, pri- So while our goal is great, with the to propose a budget for the country for mary or otherwise. So weekend farmers fact that we have this many programs more than 1,400 days. have a USDA employee, and for regular doing essentially similar work with We have spending priorities. I am farmers—people where it is their pri- similar overheads, the GAO’s rec- sure my friends across the aisle have mary business—there is an employee ommendation was to do consolidation. spending priorities as well. It is time for every eight of them. Fifteen of these programs are run by

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He gave us an ex- has done any oversight. No Member of research and education activities ample. Congress has done oversight on it—not through more than 45 different pro- Today I ask unanimous consent to the Budget Committee, not the Appro- grams. Meanwhile, their Agricultural have printed in the RECORD a letter priations Committee, nor the Agri- Research Service has budgeted $1.1 bil- from the mayor of the Los Angeles culture Committee. lion annually and is home to an addi- County Board of Supervisors in terms We also have inside the USDA re- tional eight Federal research and edu- of what they have done. search and education activities within cational activity programs. There being no objection, the mate- the Rural Development programs that So what we have is layer after layer rial was ordered to be printed in the duplicate, predominately, existing pro- after layer—most of them well-inten- RECORD, as follows: grams of almost every other agency in tioned. I am not denying that some of BOARD OF SUPERVISORS, the Federal Government. Let me say these are significant roles of Federal COUNTY OF LOS ANGELES, that again. Almost every one of these Government. But Congress is the prob- Los Angeles, CA, April 29, 2011. programs is duplicated in another lem because we have not addressed any Hon. TOM COBURN, agency of the Federal Government. In of the recommendations the Govern- Senate Russell Office Building, U.S. Senate, Washington, DC. other words, we are layering. They ment Accountability Office has given us in the two reports thus far, and the DEAR SENATOR COBURN: I commend you and both have the same goals, the same your colleagues with your bipartisan effort hope for outcomes. One is run by one final report that will come out this to reduce spending, taxes, debt and forge a agency. Here are the ones that are run year on overlap and duplication. more streamlined and ‘‘right size’’ a cost-ef- just by the USDA. Finally, I wish to talk about the fective federal government. According to GAO, the Rural Devel- USDA’s Market Access Program. At While Los Angeles County’s $23.5 billion opment program administers 40 hous- the request of Congress, the U.S. De- budget pales in comparison to the United ing programs, business, community in- partment of Agriculture spent more States budget, some of the successful re- forms implemented by our County Board of frastructure and facility programs, as than $2 billion on the Market Access Program, which has directly subsidized Supervisors could result in similar results well as energy, health care, telecom for the federal budget. programs, most of which duplicate the the advertising of some of the most profitable companies and trade associa- Since 70–80% of the federal budget consists initiatives of other agencies, yet under of personnel compensation, productivity and the guise of serving exclusively rural tions doing business overseas. So we efficiency can be improved by consolidating citizens. Rural populations are not ex- are subsidizing companies such as and eliminating agencies, programs and per- cluded from the other programs which Welch’s, Sunkist, and Blue Diamond. sonnel with duplicative or overlapping func- are run with the same purpose that The combined sales are greater than $2 tions. Every federal department and agency billion a year, and we gave them $6 should be evaluated, services prioritized, serve the general population. Accord- million last year to advertise their programs streamlined and all waste elimi- ing to the Congressional Research products. nated. Service, more than 88 programs admin- It is one thing to promote exports, Many federal agencies and departments istered by 16 different Federal agencies but we do not do that with every other have traditionally inflated their budgets with unfilled positions. Those that have been do the exact same thing these pro- business in America. Not every busi- grams do. So we have 88 other pro- vacant for more than 12 months should be ness that has $2 billion in sales gets $6 eliminated. Employees who have left their grams from 16 different Federal agen- million of the Federal taxpayers’ cies that are targeting rural economic positions due to injury or illness need to be money to promote their products over- aggressively pursued to ensure that their development and needs. seas. conditions are legitimate. It is not hard to see why we are in So we have this disparity. I do not It is also vital to reform the civil service trouble. The GAO has done the work we know if this is good policy or bad pol- process and the public employee pension sys- have asked them to do. The appro- icy. What I do know is, it is discrimina- tem. Some states are adopting forward- priate committees have not addressed tory in terms of how we treat one thinking reforms including reducing pension any of these issues. They have not of- group of businesses versus another benefits for new hires and establishing a de- fined benefits program for current employ- fered any amendments or bills to re- group of businesses. duce, consolidate, or at least look at ees. Also receiving money from the tax- These common sense solutions have al- the outcomes and the cost-benefit ratio payers for private overseas advertising lowed us to consistently balance our County of having multiple layers of programs are trade groups such as Tyson Foods, budget and could serve as guidelines in your doing the same thing. Purina, Georgia Pacific, Jack Daniels, effort to ‘‘right size’’ the federal govern- Let me give you some questionable Hershey’s, the California wine indus- ment. expenditures of what we have seen in try. They have domestic sales of $18 Best regards, the last year: a $54 million loan to billion a year. They took in $7 million MICHAEL D. ANTONOVICH, build a casino; $1.6 million in loans for to promote their products overseas. Mayor, Los Angeles County. an asbestos removal company. It cre- The Cotton Council, on behalf of Amer- Mr. COBURN. This was a letter I re- ated hundreds of jobs in Guatemala and ica, received $20 million from the Mar- ceived in 2011 when we started raising eventually went out of business and de- ket Access Program and another $4.7 the issue of duplication and making faulted on the loan. There is $2.5 mil- million from the USDA Foreign Mar- tough choices so that we could con- lion in low-interest loans for the con- ket Development Program. tinue to provide benefits, we could con- struction of the Smithsonian-style So I come to the floor so the Amer- tinue to create and support a safety Birthplace of Country Music Cultural ican people can see that we have plenty net for those who were truly dependent Heritage Center; a Tennessee county of ways to save money. What we have on it, but we do not waste money we do spent $10,000 of a Federal Rural Devel- is an intransigence in Congress to do not have, spending it on things we do opment grant to upgrade its tourism the hard work and also an intran- not absolutely need. Web site; $12,500 went to Milk And sigence by the administration to recog- I would put forward that when we Honey Soap, LLC for the marketing of nize the need to lead on eliminating have a multitude of programs and they soaps and lotions made from goat’s these areas of duplication. overlap, we as Members of Congress do milk and beeswax. These are private Last week on the floor, I put a letter not have an excuse for not fixing that, businesses, and we are taking taxpayer into the RECORD from the mayor of because the things that are critical in

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.000 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2386 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 March 5, 2013 people’s lives eventually are going to business practices, it is not good man- There cannot be any disagreement on suffer. Every dollar we spend on low- agement, and it is not good steward- that. That is plain, good-old common priority duplication, every dollar we ship for the future of our country. horse sense. Yet there has been no ac- spend that does not have a metric to So I would ask my colleagues to tion in 31⁄2 years on any of these rec- say it is doing what it is should be think about the great work the Gov- ommendations by the Government Ac- doing is eventually going to be a dollar ernment Accountability Office has countability Office. Now, the adminis- that is not there to support a food done. They have done great work for tration has paid attention. I will give stamp recipient or a Medicaid recipient us. We have failed to act on it. It is them credit. In a lot of areas where or housing for the indigent or care for time we start acting. Come April 1, we they have seen it, they have done what the homeless or implementing Justice will see the final report from the GAO they can do, but we have not. I do not grant programs for policing and tribal where they now—over 4 years—will want the heritage of my time in the courts. have looked at every program in the Senate to be when we were the Con- So it is not a matter of just solving Federal Government. They are going to gresses that failed to meet the chal- the duplication problem, it is a matter be able to give us a list. I have come lenge. of the arithmetic that is going to hit out here with my big charts and shown I believe our country can cheat his- our country and that by delaying the the list of duplications. We are going to tory. If you look at history, it is not time at which we decide we are going have three or four more charts that say great for republics. They have all to address this multitude, which is now the same thing. Think about how dis- failed. But we have the opportunity to 1,400 programs through the first 2 years couraging it is to the people at GAO cheat history, and the way we do it is of reports from GAO and $367 billion of who do all of this hard work and to the by getting off our rears and starting to expenditures—and that does not count people who are trying to meet the do the job we were sent up here to do, the other $800 billion that goes out of needs in the individual agencies to which is oversight and legislate the the Federal Government every year for know that we are actually duplicating elimination of waste, abuse, and dupli- grants that also address some of these things with poor results. cation. We can do that, but it requires same issues. So the time is now. Se- We are not meeting our requirements leadership. It requires leadership on questration gives us a good time to under our oath. We are not meeting the the part of Senator REID, on the part of start looking at priorities. moral requirements to be prudent with Senator MCCONNELL, every committee One of the things I am thankful for is the American taxpayers’ money. In the chair, every ranking member. It re- that we have tremendous Federal em- long run, the people who will suffer for quires leadership that we are going to ployees. We are starting to hear them it will be the very people we intend to do that. speak up now: What can be cut? What help because if, in fact, we do not re- I am proud to say that TOM CARPER, is wasteful? They now feel the freedom spond in a way that creates a positive chairman of Homeland Security—we to not be criticized because they are vision for our country in terms of have a plan to oversight all of home- going to take a critical eye to the way growth again and a positive vision in land security over the next 4 years, the American taxpayer dollars are being terms of responsible behavior by Con- whole thing, and the rest of the govern- spent in their own agency. We are gress, ultimately the arithmetic swal- ment as well because we do not really starting to hear from them: Here are lows us up. believe the rest of the committees are things we are doing that we should not I will close with this: If you take to- going to do it. So we are building our be doing. Here are things that are not day’s budget, when the Federal Reserve staffs for oversight to grab this infor- a priority. Rather than lay off a meat starts unwinding the quantitative eas- mation, to make cogent recommenda- inspector, maybe we ought to do this: ing they have done—these very low, ar- tions and legislation, where we can, ‘‘Cut this, not that.’’ You know, we tificially low interest rates—or if that will actually address these prob- ought to cut out wine tastings for Fed- something were to happen where the lems. We are way past the starting eral employees and keep the meat in- world economy would look at us and point of when we should have begun. It spectors employed. say: We do not think you are deserving is not too late, but it requires us to There is no reason we need to fur- of our AAA-minus rating—the dif- make a decision: Are we more inter- lough the first—with the waste in the ference in interest costs historically is ested in the parochial benefits of allow- Department of Agriculture, there is no about 3 to 4 percent. Let’s take a con- ing programs that are not effective or reason that any significant program in servative estimate; let’s say it is 3. Our duplicative to continue to run because the Department of Agriculture ought historical average is 5.83 percent, what we will not get any blowback or are we to suffer a furlough or layoff. There is we have borrowed money at histori- courageous enough to say that we are no reason for it because there are bil- cally over the last 50 years. We are bor- going to do what is right for the right lions of dollars there that are not wise- rowing at under 2 percent right now. reasons for the long-term well-being of ly spent—well intended, not ques- Three percent times $17 trillion is $510 our country? tioning motive, but poorly spent with billion a year. We all lose when that I believe that is the feeling of most of poor return. happens. How do we lose? Because the the Members of the Senate. I just think When there are two programs doing dollar we are going to be spending on we need the leadership to call us back. the same thing, let me describe what that additional interest cost is a dollar happens on the beneficiary end of that. that is not going to help someone who I yield the floor, and I suggest the ab- People do not know where there is a is homeless, it is a dollar that is not sence of a quorum. need. What the requirement is in one going to provide food that needs to be The PRESIDING OFFICER. The program is a different requirement in provided for those who are depending clerk will call the roll. another program. In terms of duplica- upon us, and it is a dollar that is not Mr. LEE. Madam President, I ask tive grants, what we have is people who going to go to match the FMAP for unanimous consent that the order for apply for a grant and get it from one Medicaid. Consequently, the cuts we the quorum call be rescinded. arm of the Department of Agriculture will make then will be much harsher The PRESIDING OFFICER. Without and then go over here and make the than the cuts if we decide to do it objection, it is so ordered. same application from another arm of proactively now. Mr. LEE. Madam President, I rise the Department of Agriculture, get the You do not have to have partisan dis- today to speak in opposition to the same grant, and then go to one of the agreement about the goal of a program, nomination of Caitlin Halligan to be a other agencies that is doing the same but certainly we should be able to circuit judge on the U.S. Court of Ap- thing and get another grant for the come together and say: We do not want peals for the District of Columbia Cir- same thing—all of them not knowing duplication. We want to have good out- cuit. that each has given a grant for the comes. We want to put metrics on it to The D.C. Circuit is arguably the most same purpose. So it is just not good measure it to see if it is working. important Federal appellate court in

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Their contribution—the con- The breadth and depth of Ms. instances, as a stepping stone of sorts tributions of the senior judges on that Halligan’s legal experience and exper- for judges later appointed to the U.S. court—is such that the actual work for tise are very impressive. After law Supreme Court. As a result, the Senate each active judge has declined and the school, she clerked for Supreme Court has a longstanding practice of carefully caseload burden for D.C. Circuit judges Justice Stephen Breyer and for Judge scrutinizing candidates to the D.C. Cir- is less than it was when Democrats Patricia Wald on the D.C. Circuit, the cuit. blocked Mr. Keisler on the basis of a court to which she has been nominated. When evaluating particular nomi- declining, insufficient caseload. She continued her public service as the nees, we also carefully consider the Indeed, the average filings per solicitor general of the State of New need for additional judges on that very panel—perhaps the truest measure of York for 6 years, spent some time in court. In July 2006 President Bush the actual workload per judge in the the private sector, and is currently nominated an eminently qualified indi- U.S. Court of Appeals—is down almost general counsel at the New York Coun- vidual named Peter Keisler to fill a 6 percent since that time. ty District attorney’s office, an office seat on the D.C. Circuit. Mr. Keisler, In each of the last several years, the that investigates and prosecutes 100,000 whom I know personally, is among the D.C. Circuit has cancelled regularly criminal cases annually in Manhattan. finest attorneys in the country and is scheduled argument dates due to the Throughout her career, Ms. Halligan also among the finest individuals I lack of pending cases. Those who work has served as counsel of record in near- know. Because of his nonideological at the courts suggest that in reality ly 50 matters before the U.S. Supreme approach to the law, Mr. Keisler enjoys the workload isn’t any different today Court, arguing five cases before that broad bipartisan support throughout than it has been in the past. court and many cases before Federal the legal profession. Despite these un- According to the Democrats’ own and State appellate courts. Her legal assailable qualifications, Democratic standards, and particularly when there and oral advocacy training is as exten- Senators blocked Mr. Keisler’s nomina- are judicial emergencies in other sive as any nominee that the Senate tion. He did not receive any floor con- courts across the country, now is not has confirmed. sideration whatsoever, not even a clo- the time to confirm another judge to One of the reasons I wanted to speak ture vote, and his nomination lan- the D.C. Circuit. It is certainly not the about Ms. Halligan today is because guished in the Judiciary Committee. time for us to consider confirming a her reputation precedes her. The Amer- At the time a number of Democratic controversial nominee with a record of ican Bar Association’s nonpartisan Senators sent a letter to the Judiciary extreme views with regard to the law standing committee on the Federal Ju- Committee chairman arguing that a and the Constitution. diciary unanimously rated Ms. nominee to the D.C. Circuit ‘‘should Make no mistake, Ms. Halligan is not Halligan ‘‘well-qualified’’ to serve on under no circumstances be considered— what we would call a consensus nomi- the D.C. Circuit, the highest possible much less confirmed—before we first nee. The Senate has already considered rating. Messages of support for her address the very need for that judge- and rejected her nomination. Nothing nomination have poured in from hun- ship.’’ These Senators specifically ar- material has changed since that time. dreds of female law school deans and gued that the D.C. Circuit’s compara- Many of my colleagues have dis- professors, former U.S. Supreme Court tively modest caseload in 2006 did not cussed a wide range of Ms. Halligan’s clerks and current judges, preeminent justify the confirmation of an addi- views, so I will limit myself to one ex- lawyers across the political spectrum tional judge to that Court, even though ample. In 2003, while serving as Solic- from Ronald Reagan’s solicitor general this was a position that by law already itor General for the State of New York, to the legendary D.A. Robert Morgen- existed. Ms. Halligan approved and signed a thau, and law enforcement associa- More than 6 years have passed, and legal brief arguing that handgun manu- tions. Put simply, this woman has Ms. Halligan has been nominated once facturers, wholesalers, and retailers proven herself to be worthy of our vote again to that very same seat on the should be held liable for criminal ac- and the public’s trust. D.C. Circuit—the same seat for which tions that individuals commit with But there is another reason we must Peter Keisler was nominated—but the those guns. Three years later, in 2006, confirm Ms. Halligan today: the unac- court’s caseload remains just as mini- Ms. Halligan filed another brief argu- ceptable delay in her nomination is mal as it was then. According to the ing that handgun manufacturers were causing a growing gap in the D.C. Cir- Administrative Office of the U.S. guilty of creating a public nuisance. cuit Court of Appeals. Ms. Halligan was Courts, the D.C. Circuit caseload is so Such arguments amount to an invita- first nominated by President Obama light that the number of appeals pend- tion for the courts to engage in sweep- three years ago. Now, this important ing per judicial panel is 54 percent less ing judicial activism. The positions she court in our country—often called ‘‘the than the average for Federal courts of took are both bewildering and flatly in- second most important court in our appeal. With just 359 pending appeals consistent with the original under- land’’ because of the high profile, com- per panel, the D.C. Circuit’s average standing of the second amendment plex cases it handles—is one-third va- workload is less than half that of other rights all Americans enjoy. cant. The caseload for the existing similar appellate courts. In conclusion, as measured by the judges is growing, and justice is being The D.C. Circuit caseload has actu- Democrats’ own standards and their held up. ally decreased since the time Demo- own prior actions, now is not the time Finally, if confirmed, Caitlin crats blocked Mr. Keisler. Indeed, since to confirm another judge to the D.C. Halligan would become only the sixth 2005 the total number of appeals filed is Circuit, and it is certainly not the time female judge in the D.C. Circuit’s 120- down over 13 percent. The total number to consider such a controversial nomi- year history, a change I would cer- of appeals pending is down over 10 per- nee for that very important court. The tainly welcome for this important cent. Some have sought to make much Senate has already spoken and rejected court. We need to continue building on of the fact that since 2005, two of the Ms. Halligan’s nomination. I urge my the important legacy of diversity and court’s judges have taken senior sta- colleagues once again to oppose her inclusion that President Obama has es- tus, leaving only seven active judges on confirmation. tablished by nominating record num- the D.C. Circuit today. But the court’s Mrs. BOXER. Mr. President, I rise bers of women to the Federal bench. caseload has declined so much in re- today to vigorously support the con- Thanks to his leadership, women today cent years that even filings per active firmation of Caitlin Halligan to the make up roughly 30 percent of the Fed- judge are only slightly higher than D.C. Circuit Court of Appeals. Ms. eral judgeships at every level for the

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.000 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2388 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 March 5, 2013 first time in history: in trial courts, Brigadier General Marshall B. Webb indicated while assigned to a position of im- courts of appeal, and the Supreme Brigadier General Burke E. Wilson portance and responsibility under title 10, Court. This diversity bolsters the legit- Brigadier General Scott J. Zobrist U.S.C., section 601: imacy of our court system, and the The following named officers for appoint- to be general public’s confidence in it. We should ment in the United States Air Force to the Lt. Gen. Vincent K. Brooks continue this progress by confirming grade indicated under title 10, U.S.C., section The following named officer for appoint- 624: Ms. Halligan. ment in the United States Army to the grade For all these reasons, I look forward To be brigadier general indicated while assigned to a position of im- to voting for Caitlin Halligan’s nomi- Colonel Nina M. Armagno portance and responsibility under title 10, U.S.C., section 601: nation to the D.C. Circuit Court of Ap- Colonel Sam C. Barrett Colonel Steven L. Basham To be general peals, and I urge my colleagues to do Colonel Ronald D. Buckley Gen. David M. Rodriguez the same. Let’s fulfill our constitu- Colonel Carl A. Buhler IN THE MARINE CORPS tional obligation to keep our judicial Colonel John A. Cherrey system working efficiently and fairly Colonel James C. Dawkins, Jr. The following named officer for appoint- for the American people. Colonel Patrick J. Doherty ment in the United States Marine Corps Re- I note the absence of a quorum. Colonel Dawn M. Dunlop serve to the grade indicated under title 10, U.S.C., section 12203: The PRESIDING OFFICER. The Colonel Thomas L. Gibson To be major general clerk will call the roll. Colonel James B. Hecker Colonel Patrick C. Higby The bill clerk proceeded to call the Brig. Gen. Paul W. Brier Colonel Mark K. Johnson IN THE NAVY roll. Colonel Brian M. Killough The following named officer for appoint- Mr. REID. Mr. President, I ask unan- Colonel Robert D. LaBrutta ment in the United States Navy to the grade imous consent that the order for the Colonel Russell L. Mack indicated while assigned to a position of im- Colonel Patrick X. Mordente quorum call be rescinded. portance and responsibility under title 10, Colonel Shaun Q. Morris The PRESIDING OFFICER (Mr. DON- U.S.C., section 601: Colonel Paul D. Nelson NELLY). Without objection, it is so or- To be vice admiral dered. Colonel John M. Pletcher Colonel Duke Z. Richardson Rear Admiral William H. Hilarides f Colonel Brian S. Robinson The following named officer for appoint- EXECUTIVE CALENDAR Colonel Barre R. Seguin ment in the United States Navy to the grade Colonel John S. Shapland indicated while assigned to a position of im- Mr. REID. Mr. President, I ask unan- Colonel Robert J. Skinner portance and responsibility under title 10, imous consent the Senate consider the Colonel James C. Slife U.S.C., section 601: following nominations: Calendar Nos. Colonel Dirk D. Smith To be vice admiral 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, and Colonel Jeffrey B. Taliaferro Rear Adm. Joseph P. Aucoin 38, with the exception of Calendar No. Colonel Jon T. Thomas NOMINATIONS PLACED ON THE SECRETARY’S 28 Colonel Scott C. Long, and all nomi- Colonel Glen D. VanHerck DESK nations placed on the Secretary’s desk Colonel Stephen N. Whiting Colonel John M. Wood IN THE AIR FORCE in the Air Force, Army, and Navy; that PN142 AIR FORCE nominations (2) begin- the nominations be confirmed en bloc; The following named officer for appoint- ment in the United States Air Force to the ning ALAN S. FINE, and ending PAUL R. the motions to reconsider be consid- grade indicated while assigned to a position NEWBOLD, which nominations were re- ered made and laid upon the table, with of importance and responsibility under title ceived by the Senate and appeared in the no intervening action or debate; that 10, U.S.C., section 601: Congressional Record of February 7, 2013. no further motions be in order to any To be lieutenant general IN THE ARMY of the nominations; that President Lt. Gen. Robin Rand PN146 ARMY nomination of Jasmine T. N. Obama be immediately notified of the Daniels, which was received by the Senate IN THE ARMY Senate’s action and the Senate then re- and appeared in the Congressional Record of sume legislative session. The following named officer for appoint- February 7, 2013. ment in the United States Army to the grade PN147 ARMY nomination of Paul W. The PRESIDING OFFICER. Without indicated while assigned to a position of im- objection, it is so ordered. Roecker, which was received by the Senate portance and responsibility under title 10, and appeared in the Congressional Record of The nominations considered and con- U.S.C., section 601: February 7, 2013. firmed en bloc are as follows: To be lieutenant general PN148 ARMY nominations (8) beginning IN THE AIR FORCE Lt. Gen. John M. Bednarek JAMES B. BARKLEY, and ending MICHAEL E. SPRAGGINS, which nominations were re- The following named officers for appoint- The following named officer for appoint- ceived by the Senate and appeared in the ment in the United States Air Force to the ment in the United States Army to the grade Congressional Record of February 7, 2013. grade indicated under title 10, U.S.C., section indicated while assigned to a position of im- PN149 ARMY nomination of Lena M. Fa- 624: portance and responsibility under title 10, bian, which was received by the Senate and To be major general U.S.C., section 601: appeared in the Congressional Record of Feb- Brigadier General Arnold W. Bunch, Jr. To be general ruary 7, 2013. Brigadier General Theresa C. Carter General Lloyd J. Austin, III PN150 ARMY nominations (3) beginning Brigadier General Sandra E. Finan The following named officer for appoint- YIMING A. CHING, and ending JOSEPH F. Brigadier General Jeffrey L. Harrigian ment in the United States Army to the grade GOODMAN, which nominations were re- Brigadier General Timothy J. Leahy indicated while assigned to a position of im- ceived by the Senate and appeared in the Brigadier General Gregory J. Lengyel portance and responsibility under title 10, Congressional Record of February 7, 2013. Brigadier General Lee K. Levy, II U.S.C., section 601: PN151 ARMY nominations (58) beginning Brigadier General James F. Martin, Jr. WILLIAM C. ALLEY, and ending D010916, Brigadier General Jerry P. Martinez To be lieutenant general which nominations were received by the Sen- Brigadier General Paul H. McGillicuddy Lieutenant General Robert L. Caslen, Jr. ate and appeared in the Congressional Brigadier General Robert D. McMurry, Jr. The following named officer for appoint- Record of February 7, 2013. Brigadier General Edward M. Minahan ment as the Vice Chief of Staff of the Army PN152 ARMY nominations (2) beginning Brigadier General Mark C. Nowland and appointment in the United States Army ALISON R. HUPPMAN, and ending Brigadier General Terrence J. to the grade indicated while assigned to a po- ALLEGRA E. LOBELL, which nominations O’Shaughnessy sition of importance and responsibility under were received by the Senate and appeared in Brigadier General Michael T. Plehn title 10, U.S.C., sections 601 and 3034: the Congressional Record of February 7, 2013. Brigadier General Margaret B. Poore PN153 ARMY nominations (4) beginning To be general Brigadier General James N. Post, III THOMAS M. GREGO, and ending GEORGE J. Brigadier General Steven M. Shepro Lt. Gen. John F. Campbell ZECKLER, which nominations were received Brigadier General David D. Thompson The following named officer for appoint- by the Senate and appeared in the Congres- Brigadier General Scott A. Vander Hamm ment in the United States Army to the grade sional Record of February 7, 2013.

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.000 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD March 5, 2013 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 2389 IN THE NAVY ill-fated run for Governor lacked the where they may both enjoy the warm PN154 NAVY nominations (4) beginning political polish of many winning cam- weather, but I know his heart will al- ANDREW W. DELEY, and ending GREGORY paigns, but her thoughtfulness, her ways remain in central Kentucky. E. RINGLER, which nominations were re- candor, and her blunt honesty about Mr. President, I ask my U.S. Senate ceived by the Senate and appeared in the the challenges Illinois faced will al- colleagues to join me in congratulating Congressional Record of February 7, 2013. ways be remembered. Mr. William J. Rissel for his successful f The Illinois political scene will not career and thank him for his service to LEGISLATIVE SESSION be the same without that pool-shooting the community and to Fort Knox. Sox fan with a cigarette holder, but The PRESIDING OFFICER. The Sen- generations of Illinois women can f ate will return to legislative session. thank the indomitable force of Dawn NORTH LAUREL HIGH SCHOOL f Clark Netsch for blazing their path. CHEERLEADER TEAM MORNING BUSINESS f Mr. MCCONNELL. Mr. President, I Mr. REID. I ask unanimous consent TRIBUTE TO WILLIAM J. RISSEL would like to take a moment to recog- that we now proceed to a period of Mr. MCCONNELL. Mr. President, I nize a group of young ladies who have morning business with Senators per- rise today to recognize a Kentuckian found great success in their athletic mitted to speak for up to 10 minutes who has both faithfully served his com- endeavors on the national and inter- each. munity and the men and women of the national level. The North Laurel High The PRESIDING OFFICER. Without U.S. Army for more than two decades. School cheerleaders have represented objection, it is so ordered. I speak of Mr. William J. Rissel, the their county and the Commonwealth of f president and chief executive officer of Kentucky well with their hard work, the Fort Knox Federal Credit Union, a skill, and success. On February 10, the TRIBUTE TO DAWN CLARK NETSCH stalwart member of the Fort Knox North Laurel High School cheerleaders Mr. DURBIN. Mr. President, this CORE Committee, and a long-time won both the World School and Inter- morning we received news in Chicago friend. national Cup at UCA Nationals in Or- that Dawn Clark Netsch has passed Under Bill’s leadership, the Fort lando, FL. away. She died from complications Knox Federal Credit Union has The cheerleading squad from North from Lou Gehrig’s disease at the age of achieved impressive growth and has Laurel High School not only reclaimed 86. It was a surprise to lose her this done much to help the local commu- the title of first place in World School quickly, although all of us knew she nity. Bill has worked in the financial at the UCA, Universal Cheerleaders As- was struggling with this terrible dis- services industry for more than 30 sociation, Nationals in Orlando, but ease. years, and he has headed the Fort Knox they went on to become champions of When the history of her contribution Federal Credit Union since 1991. In that the International Cup, beating out to Illinois is written, it will undoubt- time, it has expanded from 4 branches teams from Canada, Ecuador, and edly note the obvious: She had worked primarily serving Hardin County to 14 China. They also went on to win first in Illinois government since the 1950s, branches across central Kentucky. place in the medium 2A Division rep- under then-Governor Stevenson. She Fort Knox Federal Credit Union was resenting the 13th Region at the 2013 was a law professor at Northwestern recently awarded the Department of KHSAA, Kentucky High School Ath- University Law School. She was elect- the Army’s Distinguished Service letic Association, Competitive Cheer ed State senator in the 1970s. She was Award. It won this recognition in com- State Championship held in Bowling elected our State’s comptroller after petition against all other on-post cred- Green, KY on February 23. Team mem- that, and she had an ill-fated run for it unions in the Nation. bers Autumn Asher, Madison Asher, Governor. If there is a cause that is near and Machenzie Burns, Raye Lynn Camp- If that is all it says, though, it will dear to Bill’s heart in addition to Fort bell, Taylor Crockett, Channing Ely, miss the most important part of her Knox Federal, it is that of Fort Knox Emily Evans, Katlyn Helton, Malari life because, you see, Dawn Clark and the surrounding community. In Hoskins, Sara Kaminsky, Peyton Netsch was an iconic, historic force in 2011, under Bill’s guidance, Fort Knox Lankford, Katie Mays, Tara McClure, our State. More than any person in Illi- Federal sponsored a platoon deployed Aubree Oakley, Katelyn Sharp, nois history, Dawn Clark Netsch cre- to Afghanistan. The staff shared mes- MaKayla Vaughn, Mary Kate Whit- ated the modern era of women in Illi- sages of support and care packages field, and Maddie Wood as well as nois political leadership. As always, with the soldiers to remind them of coaches Kimberly B. Wood, Toni Blake those who were charged with opening home and let them know that they re- Greer, and Jomo K. Thompson saw the doors of opportunity have to come mained in the thoughts and prayers of their dedication and hours of practice to that task extraordinarily gifted, de- the local community. Bill and I have pay off with victory. Truly, their ef- termined, and patient. Dawn Netsch worked together for years trying to en- forts reflect well on their community, was all of these and more. sure that Fort Knox has what it needs and they represent to competitors all Early in my life, fresh out of law to support its mission and the military over the world the unbridled spirit of school, I was a lawyer working in the personnel and their families who call Kentuckians. Illinois State Senate, and I saw first- the post home. Bill has been a member At this time, I would like to publicly hand the talents of this new senator, of the Fort Knox CORE Committee declare Kentucky’s appreciation for Dawn Clark Netsch. Her political base since 1993 and has served as president this team, their coaches, and their par- was the Lakeshore liberal base in Chi- of the organization since January 2006. ents who have received well-deserved cago—the group who was always at war Bill is also active in the local area, recognition and success for their com- with the Chicago machine and proud of having served as a Radcliff Chamber of mitments and practice. The North Lau- it. She was elected from that base but Commerce board member; president of rel High School cheerleaders have rep- then surprised most everyone when she the Association of the United States resented Kentucky well, and we are came to Springfield and struck up a Army, Fort Knox chapter; the United both grateful and proud. I would ask friendship, a genuine friendship, in the Way Advisory Committee; the Radcliff my colleagues in the U.S. Senate to constitutional convention first and Industrial Foundation Board; and Ro- join me in acknowledging their then in the State Senate with a young tary International. He also visits Fort achievements, and I ask unanimous State senator named Richard M. Daley, Knox Elementary School and reads to consent that an article detailing their son of Mayor Daley. Dawn Netsch Mrs. Trimble’s class every year. success from the Laurel County-area proved that a politician can be both Bill and his wife Rosie are com- publication the Sentinel Echo be print- principled and effective and civil. Her pleting their dream house in Florida ed in the RECORD.

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.000 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2390 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 March 5, 2013 There being no objection, the article The majority of the 20-member team are partisan process we followed should be was ordered to be printed in the third-graders, and most, Adams said, have a model for how we do all of our work RECORD as follows: been on the team for three years. here in Congress. ‘‘Starting young helps feed into the older PAHPRA includes important provi- [From the Sentinel Echo, Feb. 14, 2013] teams,’’ she said. ‘‘And we want to be a good sions that I fought for as Chairwoman NLHS, E.B. CHEER TEAMS WIN BIG AT feeder program for North Laurel Middle and NATIONALS North Laurel High schools.’’ of the HELP Subcommittee on Chil- The North Laurel Middle School dren and Families. I led the effort to LAUREL COUNTY, KY.—Laurel County cheer teams received high honors at the UCA Na- cheerleading team took second place in their create a National Advisory Committee tionals in Orlando, Fla., this weekend. division at UCA nationals. on Children and Disasters to continue The North Laurel High School team earned NLMS team coaches include Katie the good work started by the National first place in the medium varsity division, as Sizemore, Paula Crawford, and Susan Commission on Children and Disasters. well as being named the first-place winners Tolliver. NLHS team coaches include Wood, Toni The advisory committee, established in world school and international cup com- Blake Greer, and Jomo Thompson, who is by my amendment, will bring together petitions. also the University of Kentucky head children’s advocates and federal agen- This was the first time the team has won cheerleading coach. first place at nationals since 2009. cies to ensure we are well equipped to ‘‘We have a very young squad,’’ said Kim f care for our most vulnerable popu- lation when preparing for, responding Wood, coach. ‘‘Our goal going into this was PANDEMIC AND ALL-HAZARDS to and recovering from a disaster. I am to hit a solid routine. We told the girls to PREPAREDNESS REAUTHORIZA- focus just on us, not the other teams, and committed to getting this advisory TION ACT doing the absolute best we could do.’’ committee up and running this year. Although the team won first in world Ms. MIKULSKI. Mr. President, I am Doing all that we can to protect our school last year, this was the first year they pleased to come to the floor in support most vulnerable is of the utmost im- were named as champions of the inter- of the Pandemic and All Hazards Pre- portance. national cup against teams from Canada, paredness Reauthorization Act of 2013, China, and Ecuador. I would also like to thank the Amer- The outcome was a wonderful surprise, she PAHPRA. Last week, the Senate ican Academy of Pediatrics for their said. passed this bill by unanimous consent commitment to children’s health and ‘‘It was our best performance at national and last night the House passed the bill for building a coalition of support for level. It was pretty perfect in our eyes,’’ with overwhelming bipartisan support. my amendment to establish the Advi- Wood continued. ‘‘The awards were the icing I am so pleased PAHPRA is getting sory Committee. Save the Children and on the cake.’’ sent to the President to be signed into the Children’s Health Fund were also It was ninth-grader Taylor Crockett’s first law. Enacting this bill is critical for steadfast advocates for this committee high-school nationals. Crockett has com- Marylander’s safety, jobs, biotech com- peted in cheerleading since the sixth grade. and other important pediatric provi- ‘‘It took a lot of hard work. At the begin- panies, State and local health depart- sions contained in this bill. ning of the year, we really didn’t know each ments, and our State’s economy. It is This advisory committee will include other,’’ she said. ‘‘We just started bonding as also critical that we understand and be a variety of pediatric experts, from a team. That bond helped us.’’ responsive to the unique health care those who work in Federal agencies, to Senior MaKayla Vaughn said this year was needs of children in disasters. non-federal health care professionals, both ‘‘amazing’’ and ‘‘bittersweet’’ because Recent disasters at home and abroad to employees of relevant State and it will be her last. have underscored the importance of local agencies. I made sure that at During competition, Vaughn said the team preparing our Nation to respond to a helped to keep each other calm, encouraging least four members of this committee and supporting one another. range of medical and public health would not be federal bureaucrats to en- ‘‘We were the first team to go on,’’ she emergencies, whether naturally occur- sure that all views and perspectives are said. ‘‘We told each other to set the bar ring or the result of a chemical, bio- considered. Community-based pediatri- high.’’ logical, radiological, or nuclear attack. cians, nurses, and State and local pub- The East Bernstadt Tumble Cats also took Over the past decade, multiple Con- lic health and emergency management home a big win this weekend at UCA Nation- gresses and administrations have professionals are on the front lines re- als. worked together to put in place critical The Tumble Cats won first place in the sponding to emergencies every day. youth rec, or elementary, division against medical and public health preparedness These folks know what the situation is seven other teams. and response programs and policies. As like on the ground. In January, the Tumble Cats were named a result of the passage of the Pandemic The advisory committee will serve an the elementary state champions for the sec- and All-Hazards Preparedness Act, important role in making sure that the ond year in a row at the Kentucky Middle PAHPA of 2006, the Federal Govern- Department of Health and Human School State competition in Richmond. ment, in partnership with State and Services and the Department of Home- The elementary team was formed just local governments, took significant land Security swiftly implement the three years ago. steps to strengthen our Nation’s med- ‘‘They’ve gotten progressively better over medical and public health rec- time,’’ said Coach Cristin Adams. ‘‘They ical and public health preparedness and ommendations put forth by the Na- worked really hard this year. These kids and response capabilities. This bipartisan tional Commission on Children and their parents are very dedicated.’’ reauthorization builds on these efforts Disasters. Committee members will This was the first year Adams and Coach by enhancing existing programs and also advise federal agencies on the Darrin Spencer took the team, comprised of authorities using lessons learned over medical and public health policies and first- to fourth-graders, to UCA Nationals. the past 5 years to maximize our Na- procedures that the agencies and their ‘‘We (she and Spencer) saw the potential of tion’s resilience to threats, whether grantees should implement to meet the this team. Our goal was to make the top 3 (at naturally occurring or deliberate. nationals). We exceeded that and got first needs of children when preparing for, place.’’ I thank Senators HARKIN, ENZI, BURR, responding to, and recovering from all- Prior to competition, even making the top ALEXANDER, and CASEY for their dedi- hazards. 3 looked to be a big feat. cation and commitment to reauthor- As we all know, children are not lit- ‘‘One week before we left (for nationals), izing the programs in this bill and pro- tle adults. Kids who are battered dur- we had two girls break their fingers,’’ Adams tecting our country from threats. By ing a disaster and suffer physical harm said. ‘‘We had to rework our routine, and coming together, passing this bill, and or are exposed to an infectious disease, that’s not easy, especially at this age, but we sending it to the President to get need special medications, devices, and hit the routine solid.’’ signed into law, we will strengthen our The team trains at Damar Gymnastics in supplies, whether it is a liquid form of Lily, who choreographed their routine. Nation’s ability to prepare for and re- a medication, a pediatric ventilator, ‘‘Gymnastics is where the foundation spond to all hazards emergencies, and baby formula, or even diapers. starts,’’ Adams said. ‘‘Technique is very im- we will ensure that we have looked out PAHPRA reauthorizes several provi- portant.’’ for our children. The congenial and bi- sions that I have fought for over the

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.000 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD March 5, 2013 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 2391 years that support the research and de- nities during H1N1. State education, I hope my colleagues on both sides of velopment of chemical, biological, ra- child care and health agencies were the aisle will support this common- diological, and nuclear counter- partnering and consulting with each sense legislation. I want to thank my measures. Project Bioshield and the other day in and day out for almost a colleagues for the opportunity to speak Biomedical Advanced Research and De- year to minimize the ill health effects on the Senate floor today in support of velopment Authority, BARDA, are eco- of this novel virus. Our public servants this bill. nomic engines of Maryland’s economy at the federal level were critical to the f supporting both biotech innovation and response and they worked closely with RECOGNIZING WOODY HAYES’ domestic manufacturing. Project Bio- local officials to protect us every hour 100TH BIRTHDAY shield is a secure funding source dedi- of every day during the pandemic. cated to the purchase of medical coun- We must prevent and respond to Mr. PORTMAN. Mr. President, today termeasures. BARDA contracts with health threats before they are on our I wish to honor the life and career of companies to support the development doorstep. Making this bipartisan legis- Woody Hayes, who touched the lives of and commercialization of medical lation the law of the land will help do many Ohioans through his leadership countermeasures and carries out all just that. And I will fight to make sure and coaching legacy. Woody Hayes was Project Bioshield acquisition con- we are funding these programs so that born on February 14, 1913, in Clifton, tracts. Project Bioshield and BARDA we can be prepared for any and all OH. On February 14, 2013, Coach Hayes together provide drug manufacturers emergencies that we may face here in would have celebrated his 100th birth- with the incentives they need to enter the United States. day. After graduating college, he joined this market and develop lifesaving f the Navy in 1941 to serve his country therapeutics. during World War II. He later received Maryland companies are investing in FEDERAL GOVERNMENT VEHICLE his master’s degree from the Ohio research and development of medical FLEET State University in 1948. In 1951 Mr. countermeasures for bioterror threats Mr. COBURN. Mr. President, with a Hayes started his coaching career at because they know there is a federal $16.5 trillion national debt, the Federal the Ohio State University, where he market to buy their drugs, vaccines, Government needs to spend taxpayer continued coaching until 1978, when he needles and masks for the Strategic dollars more efficiently and reduce retired. National Stockpile for use when a dis- costs during these tough fiscal times. Woody Hayes is known for his out- aster strikes. Marylanders are working In 2011, the Federal Government standing winning record. Under his hard every day to create counter- owned nearly 660,000 vehicles. Although leadership, the Buckeyes won 205 measures that we hope to never use but the size of the fleet decreased slightly games, 5 postseason bowl games, 13 Big will rely on when we are most at need from the previous year, it had still in- Ten Championships, 3 consensus na- to save our lives and our kids’ lives. creased significantly over the past sev- tional championships—1954, 1957 and They are developing the next genera- eral years. Between 2006 and 2011, the 1968—and 2 other nonconsensus na- tion anthrax, influenza, and smallpox Federal Government fleet has grown by tional titles—1961 and 1970. Hayes was vaccines for the Strategic National more than 29,000 vehicles. elected College Coach of the Year in Stockpile. The drugs we are working so A 2012 Government Accountability 1957 and 1975 and served as president of hard to develop also protect our troops Office, GAO, report examined the in- the National Football Coaches Associa- deployed around the world so that our crease in the number of Federal vehi- tion. He also coached 3 Heisman Tro- soldiers get the right treatments to cles, excluding postal and nontactical phy winners and 56 first team All- keep them safe. military vehicles. According to the American players. PAHPRA also codifies the Public study: ‘‘Since fiscal year 2005, the num- Woody Hayes’ real legacy was the Health Emergency Medical Counter- ber of federal non-postal civilian and way he impacted the lives of those measures Enterprise Strategy and Im- non-tactical military vehicles has in- around him. He was known to take per- plementation Plan. I worked to ensure creased about 7 percent, from about sonal interest in the lives of his players that the Department of Health and 420,000 to 449,000 vehicles.’’ and their academic careers. In 1979 the Human Services would report on what On February 28, 2013, I introduced bi- Ohio State University created a schol- our country needs to protect our kids partisan legislation that would save arship in his honor, to help college ath- so that companies will know what millions in taxpayer dollars by reduc- letes continue their education. Though countermeasures to develop and HHS ing the amount the Federal Govern- Woody Hayes is no longer with us, I am and Congress will know how many and ment can spend on buying and leasing pleased to honor his great legacy and which products to buy for the stock- nonessential vehicles. In its rec- all the lives he has touched. pile. I also made sure that FDA would ommendations, the National Commis- f report to Congress annually on the sci- sion on Fiscal Responsibility and Re- entific challenges and progress made in form strongly endorsed trimming the RECOGNIZING THE KING ARTS developing and licensing counter- Federal vehicle fleet, and estimated it COMPLEX measures for pregnant women and chil- would save approximately $500 million. Mr. PORTMAN. Mr. President, today dren. This bill would reduce by 20 percent I wish to honor the King Arts Complex I also fought to make sure that State the Federal funding available for the for 25 years of dedicated service to cen- and local health departments would acquisition and leasing of new Federal tral Ohio. Named after Dr. Martin Lu- have the workforce and financial re- vehicles. It would also require agencies ther King, Jr., the complex’s mission is sources they need to prepare for infec- to maintain this funding level through to preserve, celebrate, and teach Afri- tious disease outbreaks like the H1N1 2017. Like the Fiscal Commission, how- can-American cultural and historic influenza, earthquakes, and floods, as ever, this bill exempts the U.S. Postal heritage while developing a greater un- well as numerous other public health Service from the reduction. It also pro- derstanding among all people. threats that communities face on a vides an exception for vehicle pur- In 1987, when the King Arts Complex day-to-day basis. In that vein, I worked chases critical for national security opened, it brought new life to a once to improve state and local disaster reasons. Similar legislation passed by vibrant area. I have visited the King planning for kids. It is important that voice vote in the House of Representa- Arts Complex and attended a celebra- local education, child care, and other tives in September 2012. tion in honor of Dr. Martin Luther agencies are regularly partnering and This legislation would simply do King, Jr., in the Pythian Theatre in consulting with health departments as what most American families are doing 2010. I have seen firsthand how the they develop and revise their prepared- on a day-to-day basis. The Federal King Arts Complex has helped revi- ness plans. PAHPRA supports the good Government has to learn more with talize the community by offering cul- work that happened in our commu- less. tural and educational activities for

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.001 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2392 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 March 5, 2013 local youth through programs that in- Girls Club of Stamford, the Regional and urge girls to fulfill their athletic clude dance, theatre, music, and lit- Plan Association, and Stamford’s State dreams. In 2009 she published ‘‘Dirt in erary arts. Street Debating Society. He and his the Skirt,’’ a book about her adven- The King Arts Complex is an asset to family founded the Rich Foundation, tures in the AAGPBL. central Ohio and I congratulate every- which continues to serve nonprofit or- Lavone Paire Davis was a true inspi- one who was involved in making its ganizations, primarily in Fairfield ration both on and off the baseball dia- first 25 years a success. County, enriching Connecticut’s arts, mond. On behalf of the people of Cali- f education, health care, and social serv- fornia, I send my gratitude and condo- ices. lences to her brother Joe, sons William TRIBUTE TO ROBERT RICH Bob was beloved by family and and Rob, daughter Susan Gardner, four Mr. BLUMENTHAL. Mr. President, friends throughout his life, and he will grandchildren, and great-grandson.∑ today I wish to pay tribute to my dear be remembered by countless residents f friend and lifelong Connecticut resi- who live and make memories in the dent and business owner, Bob Rich, spaces he built. I invite my colleagues MESSAGES FROM THE HOUSE who passed away this past November. to pay tribute to a man who forever At 11 a.m., a message from the House Born in Stamford, Mr. Rich grad- changed the Stamford skyline and im- of Representatives, delivered by Mr. uated from Stamford High School in proved the community. Novotny, one of its reading clerks, an- 1944 and from Princeton in 1948. He re- f nounced that the House agree to the turned to Connecticut to eventually amendment of the Senate to the bill take over his father’s business, the ADDITIONAL STATEMENTS (H.R. 307) to reauthorize certain pro- F.D. Rich Company, which had been grams under the Public Health Service founded in 1920. For more than 60 Act and the Federal Food, Drug, and years, he and his brother, Frank D. REMEMBERING LAVONE PAIRE Cosmetic Act with respect to public Rich, Jr., grew their father’s construc- DAVIS health security and all-hazards pre- tion company into one of our Nation’s ∑ Mrs. BOXER. Mr. President, today I paredness and response, and for other foremost real estate development ask my colleagues to join me in hon- purposes. firms. Their family history in con- oring Lavone ‘‘Pepper’’ Paire Davis, The message further announced that struction and real estate development the baseball star and pioneer in wom- pursuant to 22 U.S.C. 1928a, and the became an important part of our na- en’s professional sports who died in Los order of the House of January 3, 2013, tional history of economic growth. Angeles last month at age 88. Ms. Paire the Speaker appoints the following Under Mr. Rich’s leadership, the F.D. Davis was one of the models for Dottie Members on the part of the House to Rich Company built innovative build- Hinson, the immortal Geena Davis the United States Group of the NATO ings where there was a great need both character in the hit film ‘‘A League of Parliamentary Assembly: Mr. POE of in Stamford, CT, and across the Na- Their Own,’’ and she was a role model Texas, Vice Chair, Mr. SHIMKUS of Illi- tion—from shopping centers and office for millions of women and girls across nois, Mr. JEFF MILLER of Florida, Mr. buildings to schools, hospitals, and ho- the country. GUTHRIE of Kentucky, Mr. MARINO of tels. In 1958 the F.D. Rich Company Lavone Paire was born in Los Ange- Pennsylvania, and Mr. COTTON of Ar- made its mark on our Nation’s Capital les and grew up playing baseball with kansas. when it completed the aircraft hangars her older brother Joe on the streets of The message also announced that for Air Force One at Andrews Air Force West L.A. By age 9, she was playing for pursuant to section 3166(b) of the Na- Base. To this day, F.D. Rich continues an amateur team in Santa Monica and tional Defense Authorization Act for to create interesting and functional later she and her good friend Faye Fiscal Year 2013 (Public Law 112–239), urban and suburban buildings that add Dancer played together on a girls soft- the Minority Leader appoints the fol- to our country’s landscape. ball team known as the Dr. Peppers. lowing individual on the part of the Since his death, Mr. Rich has been In 1944, Lavone was working as a House of Representatives to the Con- deservedly memorialized for playing a shipyard welder and taking classes at gressional Advisory Panel on the Gov- significant role in revitalizing the city UCLA when she and Faye were re- ernance of the Nuclear Security Enter- of Stamford between 1970 and 2000. The cruited to join the All-American Girls prise: Ellen Tauscher of Washington, New York Times wrote that he Professional Baseball League, DC. ‘‘transform[ed] Stamford from a fading AAGPBL, which recently had been The message further announced that industrial town suffering from severe launched by Chicago Cubs owner Philip pursuant to 44 U.S.C. 2702, the Minority urban blight to a thriving city which K. Wrigley and other major league Leader appoints the following member has emerged as an important center for owners to help maintain fan interest on the part of the House of Representa- commerce, culture, education and while many major league players were tives to the Advisory Committee on recreation.’’ Mr. Rich led the creation away at war. the Records of Congress: Mr. John A. of countless buildings, including an ad- Pepper Paire quickly distinguished Lawrence of Washington, DC. dition to the Stamford Hospital in 1967, herself as an outstanding defensive One Landmark Square in 1973, and the catcher who could also play shortstop f Rich Forum in 1992, which continues to and third base, pitch when needed, and ENROLLED BILL SIGNED house the city’s center for the arts. drive in runs in clutch situations. She The University of Connecticut and also cowrote ‘‘Victory Song,’’ the The President pro tempore (Mr. the Rich family are also closely con- AAGPBL’s anthem, which was later LEAHY) announced that on March 4, nected. In 1934 Mr. Rich’s father featured in ‘‘A League of Their Own.’’ 2013, he had signed the following en- oversaw the construction of the Wilbur She helped the Racine Belles win the rolled bill, previously signed by the Cross Library at UConn’s Storrs cam- league championship in 1946 and was Speaker of the House: pus. When UConn opened its downtown named to the AAGPBL all-star team in S. 47. An act to reauthorize the Violence Stamford campus, the Riches helped 1948. Against Women Act of 1994. build the Rich Concourse, which to this In 1953, Pepper left baseball to marry f day serves as a central meeting place Robert Davis, start a family, and es- on campus. tablish an electronics business with her ENROLLED BILL SIGNED In addition to Bob Rich’s community friend Faye Dancer. But ‘‘A League of At 3:57 p.m., a message from the involvement through the F.D. Rich Their Own’’ brought Ms. Paire Davis House of Representatives, delivered by Company and at UConn, he was in- back in the public eye. A popular Mrs. Cole, one of its reading clerks, an- volved in numerous national and local speaker, she used her renewed fame to nounced that the Speaker has signed organizations including the Boys and promote women’s professional sports the following enrolled bill:

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.001 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD March 5, 2013 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 2393 H.R. 307. An act to reauthorize certain pro- partment of the Interior, transmitting, pur- EC–613. A communication from the Assist- grams under the Public Health Service Act suant to law, the report of a rule entitled ant Secretary, Bureau of Political-Military and the Federal Food, Drug, and Cosmetic ‘‘Migratory Bird Subsistence Harvest in Affairs, Department of State, transmitting, Act with respect to public health security Alaska; Harvest Regulations for Migratory pursuant to law, an addendum to a certifi- and all-hazards preparedness and response, Birds in Alaska During the 2013 Season’’ cation, transmittal number: DDTC 13–003, of and for other purposes. (RIN1018–AY70) received in the Office of the the proposed sale or export of defense arti- The enrolled bill was subsequently President of the Senate on February 28, 2013; cles and/or defense services to a Middle East signed by the President pro tempore to the Committee on Environment and Pub- country regarding any possible effects such a lic Works. sale might have relating to Israel’s Quali- (Mr. LEAHY). EC–606. A communication from the Chief of tative Military Edge over military threats to f the Listing Branch, Fish and Wildlife Serv- Israel; to the Committee on Foreign Rela- EXECUTIVE AND OTHER ice, Department of the Interior, transmit- tions. EC–614. A communication from the Acting COMMUNICATIONS ting, pursuant to law, the report of a rule en- titled ‘‘Endangered and Threatened Wildlife Assistant Secretary, Legislative Affairs, De- The following communications were and Plants; Special Rule for the Polar Bear partment of State, transmitting, pursuant to laid before the Senate, together with Under Section 4(d) of the Endangered Species law, a report entitled ‘‘Report to Congress on accompanying papers, reports, and doc- Act’’ (RIN1018–AY40) received in the Office of United States Participation in the United uments, and were referred as indicated: the President of the Senate on February 28, Nations in 2011; to the Committee on Foreign 2013; to the Committee on Environment and Relations. EC–597. A communication from the Acting Public Works. EC–615. A communication from the Acting Principal Deputy Under Secretary of Defense EC–607. A communication from the Chief of Chief Privacy Officer, Department of Home- (Personnel and Readiness), transmitting a the Listing Branch, Fish and Wildlife Serv- land Security, transmitting, pursuant to report on the approved retirement of General ice, Department of the Interior, transmit- law, a report entitled ‘‘2012 DHS Data Mining Carter F. Ham, United States Army, and his ting, pursuant to law, the report of a rule en- Report to Congress’’; to the Committee on advancement to the grade of general on the titled ‘‘Endangered and Threatened Wildlife the Judiciary. retired list; to the Committee on Armed and Plants; Designation of Critical Habitat EC–616. A communication from the Presi- Services. for Astragalus lentiginosus var. Coachellae dent, Chief Scout Executive, and the Na- EC–598. A communication from the Under tional Commissioner, Boy Scouts of Amer- Secretary of Defense (Acquisition, Tech- (Coachella Valley milk–vetch’’ (RIN1018– AX40) received in the Office of the President ica, transmitting, pursuant to law, the orga- nology and Logistics), transmitting, pursu- nization’s 2012 annual report; to the Com- ant to law, a notification of a completion of the Senate on February 28, 2013; to the Committee on Environment and Public mittee on the Judiciary. date of May 2013 for a report relative to the EC–617. A communication from the Prin- Department of Defense purchases from for- Works. EC–608. A communication from the Chief of cipal Deputy Assistant Attorney General, Of- eign entities for fiscal year 2012; to the Com- fice of Legislative Affairs, Department of mittee on Armed Services. the Listing Branch, Fish and Wildlife Serv- ice, Department of the Interior, transmit- Justice, transmitting, pursuant to law, a re- EC–599. A communication from the Under port entitled ‘‘Uniformed Services Employ- Secretary of Defense (Acquisition, Tech- ting, pursuant to law, the report of a rule en- titled ‘‘Endangered and Threatened Wildlife ment and Reemployment Rights Act of 1994 nology and Logistics), transmitting, pursu- (USERRA) Quarterly Report to Congress; ant to law, the report of a meeting of the and Plants; Designation of Critical Habitat for Tidewater Goby’’ (RIN1018–AX39) re- First Quarter of Fiscal Year 2013’’; to the Economic Adjustment Committee (EAC) rel- Committee on Veterans’ Affairs. ative to considering additional funding ceived in the Office of the President of the sources for the Defense Access Roads (DAR) Senate on February 28, 2013; to the Com- f program; to the Committee on Armed Serv- mittee on Environment and Public Works. EXECUTIVE REPORT OF EC–609. A communication from the Chief of ices. COMMITTEE EC–600. A communication from the Chair- the Publications and Regulations Branch, In- man and President of the Export-Import ternal Revenue Service, Department of the The following executive report of a Bank, transmitting, pursuant to law, a re- Treasury, transmitting, pursuant to law, the nomination was submitted: port relative to a transaction involving U.S. report of a rule entitled ‘‘Postponement of By Mrs. FEINSTEIN for the Select Com- exports to Ireland; to the Committee on Deadline for Making an Election to Deduct mittee on Intelligence. Banking, Housing, and Urban Affairs. for the Preceding Taxable Year Losses At- * John Owen Brennan, of Virginia, to be Di- EC–601. A communication from the Chief tributable to Hurricane Sandy’’ (Announce- rector of the Central Intelligence Agency. Counsel, Federal Emergency Management ment 2013–21) received during adjournment of the Senate in the Office of the President of * Nomination was reported with rec- Agency, Department of Homeland Security, ommendation that it be confirmed sub- transmitting, pursuant to law, the report of the Senate on March 1, 2013; to the Com- a rule entitled ‘‘Final Flood Elevation Deter- mittee on Finance. ject to the nominee’s commitment to minations’’ ((44 CFR Part 67) (Docket No. EC–610. A communication from the Chief of respond to requests to appear and tes- FEMA–2012–0003)) received in the Office of the Publications and Regulations Branch, In- tify before any duly constituted com- the President of the Senate on February 27, ternal Revenue Service, Department of the mittee of the Senate. Treasury, transmitting, pursuant to law, the 2013; to the Committee on Banking, Housing, f and Urban Affairs. report of a rule entitled ‘‘Reduced 2009 Esti- EC–602. A communication from the Sec- mated Income Tax Payments for Individuals INTRODUCTION OF BILLS AND retary of the Securities and Exchange Com- with Small Business Income’’ ((RIN1545–BI67) JOINT RESOLUTIONS mission, transmitting, pursuant to law, the (TD 9613)) received during adjournment of the Senate in the Office of the President of The following bills and joint resolu- report of a rule entitled ‘‘Adjustments to tions were introduced, read the first Civil Monetary Penalty Amounts’’ received the Senate on March 1, 2013; to the Com- in the Office of the President of the Senate mittee on Finance. and second times by unanimous con- on February 27, 2013; to the Committee on EC–611. A communication from the United sent, and referred as indicated: Banking, Housing, and Urban Affairs. States Trade Representative, Executive Of- By Mr. FLAKE: EC–603. A communication from the Chair- fice of the President, transmitting, pursuant S. 446. A bill to amend the Federal Crop In- man of the Federal Energy Regulatory Com- to law, the 2013 Trade Policy Agenda and 2012 surance Act to reduce Federal crop insurance mission, transmitting, pursuant to law, a re- Annual Report of the President of the United subsidies, and for other purposes; to the port relative to the progress made in licens- States on the Trade Agreements Program; to Committee on Agriculture, Nutrition, and ing and constructing the Alaska Natural Gas the Committee on Finance. Forestry. Pipeline; to the Committee on Energy and EC–612. A communication from the Assist- By Mr. THUNE (for himself and Mr. Natural Resources. ant Secretary, Bureau of Political-Military JOHNSON of South Dakota): EC–604. A communication from the Admin- Affairs, Department of State, transmitting, S. 447. A bill to provide for the conveyance istrator of the U.S. Energy Information Ad- pursuant to law, an addendum to a certifi- of certain cemeteries that are located on Na- ministration, Department of Energy, trans- cation, transmittal number: DDTC 13–018, of tional Forest System land in Black Hills Na- mitting, pursuant to law, a report entitled the proposed sale or export of defense arti- tional Forest, South Dakota; to the Com- ‘‘The Availability and Price of Petroleum cles and/or defense services to a Middle East mittee on Energy and Natural Resources. and Petroleum Products Produced in Coun- country regarding any possible effects such a By Mr. RUBIO (for himself, Mr. NEL- tries Other Than Iran’’; to the Committee on sale might have relating to Israel’s Quali- SON, Mr. LEE, and Mr. CARPER): Energy and Natural Resources. tative Military Edge over military threats to S. 448. A bill to allow seniors to file their EC–605. A communication from the Wild- Israel; to the Committee on Foreign Rela- Federal income tax on a new Form 1040SR; life Biologist, Fish and Wildlife Service, De- tions. to the Committee on Finance.

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.001 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2394 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 March 5, 2013 By Mr. LEVIN: S. 459. A bill to modify the boundary of the SUBMISSION OF CONCURRENT AND S. 449. A bill for the relief of Anton Dodaj, Minuteman Missile National Historic Site in SENATE RESOLUTIONS Gjyljana Dodaj, Franc Dodaj, and Kristjan the State of South Dakota, and for other Dodaj; to the Committee on the Judiciary. purposes; to the Committee on Energy and The following concurrent resolutions By Mr. SHELBY (for himself, Mr. Natural Resources. and Senate resolutions were read, and CHAMBLISS, Mr. CRAPO, and Mr. By Mr. HARKIN (for himself, Ms. MI- referred (or acted upon), as indicated: JOHANNS): KULSKI, Mrs. MURRAY, Mr. SANDERS, By Mr. BURR (for himself and Mr. S. 450. A bill to require enhanced economic Mr. CASEY, Mr. FRANKEN, Mr. WHITE- SANDERS): analysis and justification of regulations pro- HOUSE, Ms. BALDWIN, Mr. MURPHY, S. Res. 67. A resolution designating April 5, posed by certain Federal banking, housing, Ms. WARREN, Mr. LEAHY, Mr. LEVIN, 2013, as ‘‘Gold Star Wives Day’’; to the Com- securities, and commodity regulators, and Mr. ROCKEFELLER, Mrs. BOXER, Mr. mittee on the Judiciary. for other purposes; to the Committee on WYDEN, Mr. DURBIN, Mr. REED, Mr. By Mr. MCCAIN (for himself, Mr. REID, Banking, Housing, and Urban Affairs. SCHUMER, Ms. STABENOW, Mr. LAU- and Mr. COWAN): By Mr. SHELBY: TENBERG, Mr. BROWN, Ms. KLOBUCHAR, S. Con. Res. 5. A concurrent resolution ex- S. 451. A bill to make technical corrections Mr. MERKLEY, Mrs. GILLIBRAND, Mr. pressing the sense of Congress that John Ar- to the Dodd-Frank Wall Street Reform and BLUMENTHAL, and Mr. COWAN): thur ‘‘Jack’’ Johnson should receive a post- Consumer Protection Act; to the Committee S. 460. A bill to provide for an increase in humous pardon for the racially motivated on Banking, Housing, and Urban Affairs. the Federal minimum wage; to the Com- conviction in 1913 that diminished the ath- By Mr. FRANKEN (for himself, Ms. mittee on Health, Education, Labor, and letic, cultural, and historic significance of COLLINS, Mr. ROCKEFELLER, Mrs. SHA- Pensions. Jack Johnson and unduly tarnished his rep- HEEN, Mr. BROWN, Mr. WYDEN, Ms. By Ms. HIRONO (for herself, Mr. REID, utation; to the Committee on the Judiciary. WARREN, Ms. KLOBUCHAR, Mr. Mrs. BOXER, Mr. MENENDEZ, Mr. f BLUMENTHAL, Mr. CARDIN, Mr. LAU- SCHATZ, and Mr. BEGICH): TENBERG, and Mrs. GILLIBRAND): S. 461. A bill to exempt children of certain ADDITIONAL COSPONSORS S. 452. A bill to amend title XVIII of the Filipino World War II veterans from the nu- S. 17 Social Security Act to reduce the incidence merical limitations on immigrant visas and At the request of Mr. VITTER, the of diabetes among Medicare beneficiaries; to for other purposes; to the Committee on the the Committee on Finance. Judiciary. name of the Senator from Arkansas By Mrs. HAGAN (for herself, Mr. HELL- By Mrs. BOXER (for herself, Mr. (Mr. BOOZMAN) was added as a cospon- ER, and Mr. DONNELLY): BLUNT, Mr. MANCHIN, Mr. CORNYN, sor of S. 17, a bill to stimulate the S. 453. A bill to require that certain Fed- Mr. CARDIN, and Ms. COLLINS): economy, produce domestic energy, eral job training and career education pro- S. 462. A bill to enhance the strategic part- and create jobs at no cost to the tax- grams give priority to programs that lead to nership between the United States and payers, and without borrowing money an industry-recognized and nationally port- Israel; to the Committee on Foreign Rela- from foreign governments for which able credential; to the Committee on Health, tions. Education, Labor, and Pensions. our children and grandchildren will be By Mr. PRYOR (for himself, Mr. responsible, and for other purposes. By Mr. REED (for himself and Mr. BLUNT, Mr. BOOZMAN, Mr. KING, Ms. BLUNT): COLLINS, Mr. CRAPO, Mr. HATCH, and S. 20 S. 454. A bill to promote the development Mr. CHAMBLISS): At the request of Mr. VITTER, the of local strategies to coordinate use of as- S. 463. A bill to amend the Farm Security name of the Senator from Wisconsin sistance under sections 8 and 9 of the United and Rural Investment Act of 2002 to modify States Housing Act of 1937 with public and (Mr. JOHNSON) was added as a cosponsor the definition of the term ‘‘biobased prod- private resources, to enable eligible families of S. 20, a bill to repeal the Dodd-Frank uct’’; to the Committee on Agriculture, Nu- to achieve economic independence and self- Wall Street Reform and Consumer Pro- trition, and Forestry. sufficiency, and for other purposes; to the tection Act. By Mr. INHOFE (for himself, Mr. Committee on Banking, Housing, and Urban COBURN, and Mr. CHAMBLISS): S. 33 Affairs. S. 464. A bill to declare English as the offi- At the request of Mr. LAUTENBERG, By Mr. TESTER (for himself, Mr. cial language of the United States, to estab- the name of the Senator from Hawaii CHAMBLISS, Mr. BEGICH, and Mr. lish a uniform English language rule for nat- IRONO MORAN): (Ms. H ) was added as a cosponsor S. 455. A bill to amend title 38, United uralization, and to avoid misconstructions of of S. 33, a bill to prohibit the transfer States Code, to authorize the Secretary of the English language texts of the laws of the or possession of large capacity ammu- Veterans Affairs to transport individuals to United States, pursuant to Congress’ powers nition feeding devices, and for other and from facilities of the Department of Vet- to provide for the general welfare of the United States and to establish a uniform purposes. erans Affairs in connection with rehabilita- S. 34 tion, counseling, examination, treatment, rule of naturalization under article I, section and care, and for other purposes; to the Com- 8, of the Constitution; to the Committee on At the request of Mr. LAUTENBERG, mittee on Veterans’ Affairs. Homeland Security and Governmental Af- the name of the Senator from Maine By Mrs. MURRAY (for herself, Mrs. fairs. (Mr. KING) was added as a cosponsor of By Ms. COLLINS (for herself and Mr. BOXER, Ms. STABENOW, Mr. FRANKEN, S. 34, a bill to increase public safety by UDALL of Colorado): Ms. KLOBUCHAR, and Mr. GRASSLEY): permitting the Attorney General to S. 456. A bill to direct the Secretary of S. 465. A bill to permit flexibility in the ap- deny the transfer of firearms or the Education to establish an award program plication of the budget sequester by Federal agencies; to the Committee on the Budget. issuance of firearms and explosives li- recognizing excellence exhibited by public censes to known or suspected dan- school system employees providing services By Mr. MENENDEZ: to students in prekindergarten through high- S. 466. A bill to assist low-income individ- gerous terrorists. er education; to the Committee on Health, uals in obtaining recommended dental care; S. 44 Education, Labor, and Pensions. to the Committee on Health, Education, At the request of Mr. PORTMAN, the By Mr. MENENDEZ (for himself, Mr. Labor, and Pensions. name of the Senator from Louisiana By Mr. WYDEN: LAUTENBERG, Ms. COLLINS, Mrs. (Mr. VITTER) was added as a cosponsor BOXER, and Ms. STABENOW): S. 467. A bill to allow consumers to unlock of S. 44, a bill to improve patient ac- mobile wireless devices for interoperability S. 457. A bill to posthumously award a Con- cess to health care services and provide gressional Gold Medal to Alice Paul, in rec- purposes; to the Committee on the Judici- ognition of her role in the women’s suffrage ary. improved medical care by reducing the movement and in advancing equal rights for By Mr. MENENDEZ (for himself, Mr. excessive burden the liability system women; to the Committee on Banking, Hous- BEGICH, Mr. BLUMENTHAL, Mrs. places on the health care delivery sys- ing, and Urban Affairs. BOXER, Mr. CARDIN, Mr. LAUTENBERG, tem. ARKIN IRONO EVIN By Mr. ROBERTS (for himself, Mr. Mr. H , Ms. H , Mr. L , S. 77 THUNE, and Mr. JOHANNS): Ms. STABENOW, and Ms. WARREN): At the request of Mr. FRANKEN, the S. 458. A bill to improve and extend certain S.J. Res. 10. A joint resolution proposing nutrition programs; to the Committee on an amendment to the Constitution of the name of the Senator from Ohio (Mr. Agriculture, Nutrition, and Forestry. United States relative to equal rights for BROWN) was added as a cosponsor of S. By Mr. JOHNSON of South Dakota (for men and women; to the Committee on the 77, a bill to amend part D of title XVIII himself and Mr. THUNE): Judiciary. of the Social Security Act to authorize

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the Secretary of Health and Human States Postal Service prefund the Post- (Mr. BEGICH), the Senator from Colo- Services to negotiate for lower prices al Service Retiree Health Benefits rado (Mr. BENNET) and the Senator for Medicare prescription drugs. Fund, to place restrictions on the clo- from Maine (Mr. KING) were added as S. 168 sure of postal facilities, to create in- cosponsors of S. 370, a bill to improve At the request of Mr. HARKIN, the centives for innovation for the United and expand geographic literacy among name of the Senator from Maryland States Postal Service, to maintain lev- kindergarten through grade 12 students (Ms. MIKULSKI) was added as a cospon- els of postal service, and for other pur- in the United States by improving pro- sor of S. 168, a bill to amend the Fair poses. fessional development programs for Labor Standards Act of 1938 to prohibit S. 333 kindergarten through grade 12 teachers discrimination in the payment of At the request of Mr. LAUTENBERG, offered through institutions of higher wages on account of sex, race, or na- the name of the Senator from Montana education. tional origin, and for other purposes. (Mr. TESTER) was added as a cosponsor At the request of Ms. MIKULSKI, the name of the Senator from Vermont S. 183 of S. 333, a bill to establish certain du- (Mr. LEAHY) was added as a cosponsor At the request of Mrs. MCCASKILL, ties for pharmacies to ensure provision of S. 370, supra. the name of the Senator from Min- of Food and Drug Administration-ap- S. 372 nesota (Ms. KLOBUCHAR) was added as a proved contraception, and for other cosponsor of S. 183, a bill to amend purposes. At the request of Mr. LAUTENBERG, title XVIII of the Social Security Act S. 336 the name of the Senator from Illinois to provide for fairness in hospital pay- At the request of Mr. ENZI, the names (Mr. DURBIN) was added as a cosponsor ments under the Medicare program. of the Senator from Massachusetts of S. 372, a bill to provide for the reduc- OWAN tion of unintended pregnancy and sexu- S. 192 (Mr. C ), the Senator from Massa- chusetts (Ms. WARREN) and the Senator ally transmitted infections, including At the request of Mr. BARRASSO, the HIV, and the promotion of healthy re- name of the Senator from Mississippi from Maine (Mr. KING) were added as cosponsors of S. 336, a bill to restore lationships, and for other purposes. (Mr. COCHRAN) was added as a cospon- S. 375 sor of S. 192, a bill to enhance the en- States’ sovereign rights to enforce At the request of Mr. TESTER, the ergy security of United States allies, State and local sales and use tax laws, name of the Senator from West Vir- and for other purposes. and for other purposes. S. 338 ginia (Mr. ROCKEFELLER) was added as S. 210 At the request of Mr. BAUCUS, the a cosponsor of S. 375, a bill to require At the request of Mr. HELLER, the name of the Senator from Minnesota Senate candidates to file designations, names of the Senator from Oregon (Mr. (Mr. FRANKEN) was added as a cospon- statements, and reports in electronic MERKLEY) and the Senator from Mis- sor of S. 338, a bill to amend the Land form. souri (Mrs. MCCASKILL) were added as and Water Conservation Fund Act of S. 380 cosponsors of S. 210, a bill to amend 1965 to provide consistent and reliable At the request of Mrs. MURRAY, the title 18, United States Code, with re- authority for, and for the funding of, name of the Senator from Minnesota spect to fraudulent representations the land and water conservation fund (Mr. FRANKEN) was added as a cospon- about having received military dec- to maximize the effectiveness of the sor of S. 380, a bill to amend the Public larations or medals. fund for future generations, and for Health Service Act to reauthorize and S. 226 other purposes. update the National Child Traumatic At the request of Mr. TESTER, the S. 344 Stress Initiative for grants to address name of the Senator from Illinois (Mr. At the request of Mr. WICKER, the the problems of individuals who experi- DURBIN) was added as a cosponsor of S. name of the Senator from Oklahoma ence trauma and violence related 226, a bill to amend the Family and (Mr. COBURN) was added as a cosponsor stress. Medical Leave Act of 1993 to provide of S. 344, a bill to prohibit the Adminis- S. 392 leave because of the death of a son or trator of the Environmental Protection At the request of Mr. UDALL of New daughter. Agency from approving the introduc- Mexico, the name of the Senator from S. 273 tion into commerce of gasoline that Maryland (Ms. MIKULSKI) was added as At the request of Ms. AYOTTE, the contains greater than 10-volume-per- a cosponsor of S. 392, a bill to support name of the Senator from Minnesota cent ethanol, and for other purposes. and encourage the health and well- (Ms. KLOBUCHAR) was added as a co- S. 346 being of elementary school and sec- sponsor of S. 273, a bill to modify the At the request of Mr. TESTER, the ondary school students by enhancing definition of fiduciary under the Em- names of the Senator from Washington school physical education and health ployee Retirement Income Security (Mrs. MURRAY) and the Senator from education. Act of 1974 to exclude appraisers of em- Louisiana (Ms. LANDRIEU) were added S. 399 ployee stock ownership plans. as cosponsors of S. 346, a bill to amend At the request of Mr. HATCH, the S. 294 title 10, United States Code, to permit name of the Senator from Kansas (Mr. At the request of Mr. TESTER, the veterans who have a service-connected, MORAN) was added as a cosponsor of S. name of the Senator from California permanent disability rated as total to 399, a bill to protect American job cre- (Mrs. BOXER) was added as a cosponsor travel on military aircraft in the same ation by striking the Federal mandate of S. 294, a bill to amend title 38, manner and to the same extent as re- on employers to offer health insurance. United States Code, to improve the dis- tired members of the Armed Forces en- S. 411 ability compensation evaluation proce- titled to such travel. At the request of Mr. ROCKEFELLER, dure of the Secretary of Veterans Af- S. 367 the names of the Senator from Iowa fairs for veterans with mental health At the request of Mr. CARDIN, the (Mr. HARKIN) and the Senator from Ar- conditions related to military sexual name of the Senator from Illinois (Mr. kansas (Mr. PRYOR) were added as co- trauma, and for other purposes. DURBIN) was added as a cosponsor of S. sponsors of S. 411, a bill to amend the S. 316 367, a bill to amend title XVIII of the Internal Revenue Code of 1986 to extend At the request of Mr. SANDERS, the Social Security Act to repeal the Medi- and modify the railroad track mainte- name of the Senator from Iowa (Mr. care outpatient rehabilitation therapy nance credit. HARKIN) was added as a cosponsor of S. caps. S. 427 316, a bill to recalculate and restore re- S. 370 At the request of Mr. HOEVEN, the tirement annuity obligations of the At the request of Mr. COCHRAN, the names of the Senator from South Da- United States Postal Service, to elimi- names of the Senator from Montana kota (Mr. JOHNSON) and the Senator nate the requirement that the United (Mr. BAUCUS), the Senator from Alaska from Louisiana (Ms. LANDRIEU) were

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.001 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2396 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 March 5, 2013 added as cosponsors of S. 427, a bill to 1937 with public and private resources, Lastly, our bill opens up the FSS amend the Richard B. Russell National to enable eligible families to achieve program to families who live in pri- School Lunch Act to provide flexibility economic independence and self-suffi- vately-owned properties subsidized to school food authorities in meeting ciency, and for other purposes; to the with project-based rental assistance. It certain nutritional requirements for Committee on Banking, Housing, and shouldn’t matter what kind of housing the school lunch and breakfast pro- Urban Affairs. assistance a family gets, and families grams, and for other purposes. Mr. REED. Mr. President, today I am seeking to achieve self-sufficiency S. 443 reintroducing the Family Self-Suffi- shouldn’t be held back by this sort of At the request of Mr. LEAHY, the ciency Act, and I am pleased this Con- technicality. name of the Senator from Minnesota gress to be joined in this effort by my I thank Senator BLUNT for his part- nership, and I urge my colleagues to (Ms. KLOBUCHAR) was added as a co- colleague, Senator BLUNT of Missouri. sponsor of S. 443, a bill to increase pub- The Family Self Sufficiency, FSS, support this bipartisan bill, which will lic safety by punishing and deterring program is an existing Department of help give those receiving housing as- firearms trafficking. Housing and Urban Development, HUD, sistance a better chance to build their employment and savings incentive ini- skills and achieve economic independ- S. RES. 26 tiative for families that have section 8 ence. At the request of Mr. MORAN, the vouchers or live in public housing. The name of the Senator from Maine (Mr. FSS program provides two key tools By Mr. ROBERTS (for himself, KING) was added as a cosponsor of S. for its participants: first, it provides Mr. THUNE, and Mr. JOHANNS): Res. 26, a resolution recognizing that S. 458. A bill to improve and extend access to the resources and training access to hospitals and other health certain nutrition programs; to the that help participants pursue employ- care providers for patients in rural Committee on Agriculture, Nutrition, ment opportunities and meet financial areas of the United States is essential and Forestry. goals, and second, it encourages FSS to the survival and success of commu- Mr. ROBERTS. Mr. President, my families to save by establishing an in- nities in the United States. colleagues, I rise today to introduce a terest-bearing escrow account for S. RES. 60 bill that has a long title: Improve Nu- them. Upon graduation from the FSS trition Program Integrity and Deficit At the request of Mrs. BOXER, the program, the family can use these sav- name of the Senator from Maryland Reduction Act of 2013. Big title, but it ings to pay for job-related expenses, is a good bill. (Ms. MIKULSKI) was added as a cospon- such as additional workforce training Last June, I stood in this body, along sor of S. Res. 60, a resolution sup- or the purchase or maintenance of a with Chairperson STABENOW of the Ag- porting women’s reproductive health. car needed for commuting purposes. riculture Committee, to encourage my S. RES. 65 Our bipartisan legislation seeks to colleagues to pass bipartisan reform At the request of Mr. GRAHAM, the enhance the FSS program by stream- legislation known as the farm bill. names of the Senator from Arkansas lining the administration of this pro- The legislation we put together in (Mr. BOOZMAN), the Senator from Geor- gram, by broadening the supportive the Senate Agriculture Committee gia (Mr. ISAKSON), the Senator from services that can be provided to a par- would have strengthened and preserved Nevada (Mr. HELLER), the Senator from ticipant, and by extending the FSS the safety net for our farmers and Kansas (Mr. ROBERTS), the Senator program to tenants who live in pri- ranchers while also being responsible from Montana (Mr. BAUCUS), the Sen- vately-owned properties with project- to taxpayers by providing billions of ator from Michigan (Ms. STABENOW), based assistance. In short, we seek to dollars for deficit reduction. At the the Senator from Nebraska (Mrs. make the FSS program easier to ad- time we were told by the Congressional FISCHER), the Senator from Texas (Mr. minister and more effective. Budget Office, the CBO, that the farm CRUZ), the Senator from Indiana (Mr. First, to streamline the FSS pro- bill passed by the Agriculture Com- DONNELLY), the Senator from Montana gram, our bill would combine two sepa- mittee, one of the first bills, by the (Mr. TESTER), the Senator from Mary- rate FSS programs into one. Today, way, that we were able to pass under land (Ms. MIKULSKI), the Senator from HUD operates one FSS program for regular order and in record amount of North Carolina (Mr. BURR), the Senator those families served by the Housing time, 21⁄2 days—the CBO estimated at from Hawaii (Ms. HIRONO), the Senator Choice Voucher Program and another that time the farm bill that was passed from Colorado (Mr. BENNET), the Sen- for those families served by the Public by the Agriculture Committee in the ator from Georgia (Mr. CHAMBLISS), the Housing program. This is the case even Senate would save $24 billion over 10 Senator from North Carolina (Mrs. though the core purpose of each FSS years, including $4 billion from the nu- HAGAN), the Senator from Kansas (Mr. program, to increase economic inde- trition title. MORAN), the Senator from Missouri pendence and self-sufficiency, is the However, according to the latest CBO (Mrs. MCCASKILL), the Senator from same. Unfortunately, Public Housing projections, a projection that has re- Pennsylvania (Mr. TOOMEY), the Sen- Agencies, PHA, have to operate essen- verberated in farm country, released ator from Iowa (Mr. GRASSLEY), the tially two programs to achieve the just last Friday, the farm bill we Senator from Nebraska (Mr. JOHANNS) same goal. With our bill, PHAs would passed last year would now only save and the Senator from Mississippi (Mr. be relieved of this unnecessary burden. $13 billion and no longer represents WICKER) were added as cosponsors of S. Second, our legislation broadens the savings in the nutrition title. We could Res. 65, a resolution strongly sup- scope of the supportive services that have done more last year, and we must porting the full implementation of may be offered to include attainment do more this year to rein in the largest United States and international sanc- of a GED, education in pursuit of a expenditure within the Department of tions on Iran and urging the President post-secondary degree or certification, Agriculture budget. to continue to strengthen enforcement and training in financial literacy. Pro- No, it does not go to farmers. We are of sanctions legislation. viding families in need with affordable talking about specifically the Supple- f rental housing is critical, but coupling mental Nutrition Assistance Program, it with the support and services to help called SNAP, more commonly known STATEMENTS ON INTRODUCED families get ahead increases the effec- as food stamps. BILLS AND JOINT RESOLUTIONS tiveness of this federal investment. Our In the context of sequestration, By Mr. REED (for himself and legislation makes it easier for FSS par- SNAP was exempted from any across- Mr. BLUNT): ticipants to obtain the training nec- the-board cuts, along with Medicare, S. 454. A bill to promote the develop- essary to secure employment and the Medicaid, and Social Security. It was ment of local strategies to coordinate education to make prudent financial in that pasture. A lot of other things use of assistance under sections 8 and 9 decisions to better safeguard their were in different pastures, especially of the United States Housing Act of earnings. national security.

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.001 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD March 5, 2013 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 2397 However, it is clear there are several save taxpayers $12 billion. Let me be gram. Then the Department of Agri- areas within the program that could very clear about it. Eliminating the culture is required to match that. provide significant savings that were, LIHEAP loophole does not affect SNAP Currently, four States receive over 80 unfortunately, left untouched. The leg- eligibility for anyone using the Food percent of the total 50–50 match fund- islation I introduce today, along with Stamp Program. Eliminating the ing. Four States, 80 percent? What Senator JOHANNS and Senator THUNE, LIHEAP loophole would only decrease about the rest of the States? They in- builds off of several amendments pre- SNAP benefits for those who would not clude New York, California, Pennsyl- viously offered in a piecemeal fashion. otherwise qualify for the higher SNAP vania, and New Jersey. New York, 36, We have wrapped them all together. benefits, the food stamp benefits. 37, percent; California, 21 percent; Each should be enacted, but combined Let me point out another area that Pennsylvania, about 13 percent; New in this bill they represent over $36 bil- must be reformed: States using cat- Jersey, about 10. lion in savings. egorical eligibility for automatic eligi- This optional 50–50 Federal match is By eliminating loopholes, duplicative bility to provide food stamp benefits. uncapped. It can be used by States to programs, unnecessary bonuses, infla- Categorical eligibility is simply known provide reimbursement for participant tion adjustments, and restricting lot- as Cat-El. It was designed to help expenses in regard to education and tery winners from receiving benefits, streamline the administration of SNAP training that are deemed reasonable this legislation will instill and restore by allowing households to be certified and necessary. But somebody has to de- integrity to SNAP while still providing as eligible for the food stamp benefits fine ‘‘reasonable and necessary.’’ The benefits to those truly in need. I ought and be certified without evaluating following items have come under ‘‘rea- to repeat that this restores integrity to household assets or gross income, a sonable and necessary,’’ especially in SNAP while still providing benefits to previous requirement. these four States: union dues, test fees, those truly in need. Now, 42 States, unfortunately—I do clothing and tools required for the job, I am not proposing a dramatic not like to report these kinds of things. relocation expenses, licensing, bonding change in the policy of nutrition pro- However, 42 States are exploiting an fees, transportation, childcare, tennis grams. Instead, this legislation en- unintended loophole of the Temporary lessons. I made that up. I thought it forces the principles of good govern- Assistance to Needy Families Program would catch your attention, Mr. Presi- ment and returns SNAP spending to and simply provided informational bro- dent. No, there are no tennis lessons. much more responsible levels. While chures and informational 1–800 num- There might be, could be. But at least saving over $36 billion, our legislation bers to maximize the food stamp en- in regards to this reform, let’s go to also makes commonsense and com- rollment and the corresponding in- another provision of my legislation. prehensive reforms to SNAP, the Food crease in Federal food benefits. It ends the USDA practice of giving Stamp Program, that can and should These States are gaming the system $48 million in awards every year to be enacted immediately. to bring otherwise ineligible SNAP par- State agencies for basically doing their Over one-half of the SNAP food bene- ticipants into the program. My legisla- job to ensure proper use of the Amer- fits in our country are utilized by tion ties categorical eligibility to cash ican tax dollar. Currently, bonuses are households with children, and SNAP assistance, thereby eliminating this given to States for ‘‘best program ac- can play, and does play, a critical role loophole. That saves taxpayers $11.5 cess,’’ signing up as many people for in helping people put food on the table billion, a lot of money. To be clear, food stamps as possible. ‘‘Most im- in times of need. However, at least 17 this represents a cut to SNAP food ben- proved program access.’’ How many States, I am sorry to report, 17 States efits. However, this amount represents more people signed up for SNAP com- are gaming the system by designing the amount of benefits to people who pared to the previous year? So if you their Low-Income Home Energy Assist- would not otherwise be eligible for sign up more people then you signed up ance Program—the acronym for that is these benefits were it not for States last year, well, you get an award. ‘‘Best LIHEAP, a very commonly used term gaming the system. application timeliness.’’ That is han- with regards to nutrition programs and In an ongoing effort to streamline dling applications within the required the energy programs. But these 17 government programs and reduce re- guidelines, and we are getting a benefit States designed their programs to ex- dundancy and taxpayer spending, we from that. ploit the Food Stamp Program. This is should also look at the unnecessary State agencies are rewarded for per- not right. It is not right. spending in Federal employment and forming the minimum expectations for The LIHEAP loophole works like training programs. According to a GAO stewardship of the Food Stamp Pro- this: A participating State agency an- report last year, there are currently 47 gram and also of the American tax dol- nually issues extremely low LIHEAP such programs that annually cost $18 lar. The bonuses are not even required benefits to qualify otherwise ineligible billion. Let me repeat that. There are to be used for food stamp administra- households for standard utility allow- 47 programs annually costing $18 bil- tion. A recipient State may choose the ances, which then result in increased lion—Federal employment and training funding for any State priority. So we monthly food stamp benefits. For ex- programs. are talking about $48 million. ample, today a State agency can issue Nobody would object to a Federal That goes to State agencies of these only $1 annually in LIHEAP benefits to employment and training program four Oscar Awards in regard to food increase monthly food stamp benefits given the problems we have with our stamps, but they can use the funding on an average of $90 a month. That is country. But 47, according to a GAO re- for anything, for any State priority. $1,080 per year for households that do port, $18 billion. Eliminating the dupli- Eliminating these unnecessary State not otherwise pay out-of-pocket utility cative SNAP employment and training bonuses will save taxpayers, over 10 bills. programs would save more than $4 bil- years, $480 million. That is not right. Last year the Sen- lion and would not affect SNAP food Another area where my legislation ate farm bill included a provision to benefits. I repeat. This provision of this streamlines government programs is tighten the LIHEAP loophole. Even legislation would not cut the buying through the elimination of the SNAP though it would only reduce the loop- power of any food stamp household to Nutrition Education Grant Program. A hole, it set the minimum qualifying put food in their refrigerators and also number of existing nutrition education LIHEAP benefit at $10 annually—not their kitchen cupboards. programs are delivered more equitably $1, $10. At the time it would have saved What am I talking about? In addition with a cost-benefit ratio that makes taxpayers nearly $450 million every to the base program funding that we more sense, at least six Federal pro- year for a total of $4 billion over a 10- are talking about with employment grams administered by the Department year period. and training help, States have the op- of Agriculture and the National Insti- Completely eliminating the LIHEAP tion of providing their own funding to tutes of Health and Land Grant Univer- loophole, as my legislation does, will their State education and training pro- sity Extension Programs.

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In practice, the SNAP Nutrition Edu- MERKLEY, Mrs. GILLIBRAND, Mr. average production wages. But today cation Program is inequitably distrib- BLUMENTHAL, and Mr. COWAN): the minimum wage has fallen to 37 per- uted with the top four States—here we S. 460. A bill to provide for an in- cent of the average production wage. go again—receiving over 54 percent of crease in the Federal minimum wage; While Americans are working longer the funding. The bottom 33 State agen- to the Committee on Health, Edu- and harder than ever, their paychecks cies receive less than 1 percent of the cation, Labor, and Pensions. don’t reflect their contribution. Work- total funding. That is not right. Mr. HARKIN. Mr. President, for sev- ers are much more productive now Additionally our bill ends inflation eral years now I have come to the floor than in the past. Productivity has adjustments for countable resources to talk about the need to bolster the risen more than 130 percent since 1968. and for emergency food assistance, sav- middle class in this country and re- But average wages have not budged in ing over $600 million. store the American Dream. The Amer- real terms and the minimum wage has The legislation also terminates the ican Dream is supposed to be about lost ground. So while companies have ongoing stimulus of several years ago building a better life. If you work hard reaped the benefits of all this produc- enacted by the American Recovery and and play by the rules, you should be tivity growth, the people who actually Reinvestment Act of 2009, which pro- able to support your family, join the do the work have seen none of these vided extra funding to increase month- middle class, and provide a bright fu- gains. ly SNAP food benefits. ture for your children. As Congress has allowed the min- Finally, the legislation does prohibit But tens of millions of hardworking imum wage to languish, working fami- lottery winners—Senator STABENOW in- Americans who are earning at or near lies have fallen below the poverty line. sisted on this in the last farm bill and the minimum wage are not only strug- In the 1960s and 1970s, the minimum it makes a lot of sense—from receiving gling to reach the middle class and wage kept a family of three above the SNAP benefits and keeps them from re- achieve the American Dream, they are poverty line—20 percent above it in ceiving new benefits if they do not falling behind. We need to do more to 1968. But today, a family of three with meet the financial requirements of support these workers as they try to one minimum wage earner working SNAP. build opportunity for their families and full-time, year-round, will bring home Overall, by eliminating several dupli- their futures. A critical first step is to a paycheck that is 18 percent below the cative programs, closing loopholes, and ensure that they earn a fair day’s pay poverty line. ending unnecessary spending, the Im- for a hard day’s work. That is why The Fair Minimum Wage Act will re- prove Nutrition Program Integrity and today I am joining with Congressman store the value of the minimum wage, Deficit Reduction Act will save tax- GEORGE MILLER to introduce the Fair bringing families back above the pov- payers over $36 billion, the latest score Minimum Wage Act of 2013 to raise the erty line, to 106 percent of the poverty by the CBO. minimum wage. line for a family of three. With its pro- I understand the importance of do- Our bill will do three things: first, it vision to index the minimum wage to mestic food assistance programs for will gradually increase the minimum the cost of living in the future, the many hard-working Americans, includ- wage to $10.10 an hour in three annual minimum wage will no longer lose ing many Kansans. I know that. In steps. Second, our bill will link future value. It will rise as the economy 1996, when I was chairman of the House increases in the minimum wage to the grows, which will allow working fami- Agriculture Committee, there was an cost of living, through the Consumer lies to keep up with rising costs. effort to send the Food Stamp Program Price Index, so that people who are try- I think it is very important that we back to the States—and the Governors ing to get ahead don’t fall behind as talk about the people who will benefit wanted it. They wanted the money, our economy grows. Finally, our bill from the Fair Minimum Wage Act. they didn’t want the food stamps. We will—for the first time in more than 20 There are 30 million Americans who made an effort under a very historic years—raise the minimum wage for will get a fair wage because of this bill, farm bill at that time not only to save workers who earn tips, from a paltry either directly by the legislation or in- and reform but restore integrity to the $2.13 per hour to a level that is 70 per- directly through the ‘‘trickle up’’ ef- Food Stamp Program. We have another cent of the regular minimum wage. fects of a higher wage floor. That’s one opportunity right now. I do understand This will be gradually phased in over out of five workers in our country that the importance of domestic food assist- the course of 6 years, which will give will be impacted. ance programs for many hard-working businesses time to adjust while pro- They do the hard, important jobs to Americans and Kansans. viding more fairness for hardworking keep our economy running. They are My goal is very simple, again restor- people in tipped industries. cashiers and sales help in stores; wait- ing integrity to the Supplemental Nu- These raises are long overdue. Over ers, waitresses, bussers, runners and trition Assistance Program in a com- the past several decades, average wages hostesses in restaurants. They care for monsense and comprehensive manner. in this country have stagnated, but the our children, elders, and other loved Enacting this package of reforms will minimum wage has actually declined ones. They help us at the gas station or allow the Federal Government to con- in real terms. It has not kept up with in the parking garage. They clean of- tinue to help those who truly need costs, average wages, or rapid growth fices and homes, and maintain build- SNAP food benefits and assistance. in productivity. ings and grounds. They provide admin- Again, I thank Senators THUNE and Since its peak in 1968, the minimum istrative support in offices. They work JOHANNS for their assistance in this ef- wage has lost 31 percent of its pur- in the fields to bring food to our tables. fort. I look forward to working with chasing power. That means minimum- They all deserve a fair wage. my colleagues to enact these reforms wage workers are effectively earning The families of these 30 million for the benefit of all Americans. almost a third less than they did four workers will also benefit. Eighteen decades ago. In fact, if the minimum million children have parents who will By Mr. HARKIN (for himself, Ms. wage had kept up with rising prices for get a raise. This will be so meaningful MIKULSKI, Mrs. MURRAY, Mr. food, rent, utilities, clothing, and other for these families, who are working to SANDERS, Mr. CASEY, Mr. goods, then the wage would be $10.56 build a better life. For a full-time, FRANKEN, Mr. WHITEHOUSE, Ms. today. But instead it’s $7.25. My bill year-round worker earning right at the BALDWIN, Mr. MURPHY, Ms. will restore much of the buying power minimum wage, it will mean gradually WARREN, Mr. LEAHY, Mr. LEVIN, of the minimum wage. moving from $15,000 a year to $21,000 a Mr. ROCKEFELLER, Mrs. BOXER, The minimum wage also used to be a year. Think about that. Most of us in Mr. WYDEN, Mr. DURBIN, Mr. meaningful standard compared with this Chamber would not take too much REED, Mr. SCHUMER, Ms. STABE- what most people earned and compared notice of a $6,000 raise. But for min- NOW, Mr. LAUTENBERG, Mr. with what workers in the economy pro- imum wage workers, that’s nearly 40 BROWN, Ms. KLOBUCHAR, Mr. duced. In 1968, it was just over half of percent more, and that will go a long

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A national section, not less than— college or retirement. poll last year showed that 73 percent of ‘‘(A) $8.20 an hour, beginning on the first Everyone in our country who works Americans support raising the min- day of the third month that begins after the imum wage to $10 an hour and linking date of enactment of the Fair Minimum hard and plays by the rules deserves Wage Act of 2013 Act; these opportunities: and not just to it in the future to the cost of living. ‘‘(B) $9.15 an hour, beginning 1 year after survive, but to aspire to the middle Even 50 percent of Republicans support that first day; class. raising and indexing the minimum ‘‘(C) $10.10 an hour, beginning 2 years after Raising the minimum wage will ben- wage. A 2011 poll showed that more that first day; and efit our economy as well. With an in- than seventy percent of Americans be- ‘‘(D) beginning on the date that is 3 years crease in the minimum wage, workers lieve that indexing the minimum wage after that first day, and annually thereafter, will have more money to spend. This is to keep up with inflation will be good the amount determined by the Secretary just basic economics: increased demand for the country. pursuant to subsection (h);’’. (2) DETERMINATION BASED ON INCREASE IN means increased economic activity. The Fair Minimum Wage Act has been endorsed by nearly 200 national THE CONSUMER PRICE INDEX.—Section 6 of the They will spend their money in their Fair Labor Standards Act of 1938 (29 U.S.C. local economies, giving a boost to Main and local organizations around the 206) is amended by adding at the end the fol- Street. In fact, economists estimate country, and the support is only grow- lowing: that the Fair Minimum Wage Act will ing. They represent a wide cross-sec- ‘‘(h)(1) Each year, by not later than the boost our GDP by $33 billion as it is tion of the American community. They date that is 90 days before a new minimum implemented over the course of three are working to end poverty, hunger, wage determined under subsection (a)(1)(D) years, generating 140,000 jobs in that and homelessness; to increase commu- is to take effect, the Secretary shall deter- mine the minimum wage to be in effect pur- time. nity involvement; and to ensure fair- ness for women and people of color. suant to this subsection for the subsequent 1- We know we can afford this. Wages year period. The wage determined pursuant aren’t stuck at rock-bottom levels be- They are organizations of people of faith and organizations of workers. to this subsection for a year shall be— cause our economy isn’t growing. Our ‘‘(A) not less than the amount in effect They are retirees and moms and mem- economy is growing. The problem is under subsection (a)(1) on the date of such bers of the LGBT community. They are that growth is going to profits, to determination; social workers, direct care workers, shareholders and executives. Inequality ‘‘(B) increased from such amount by the and steelworkers. And they are small is at the highest level we have seen annual percentage increase in the Consumer businesses. The bill has been endorsed Price Index for Urban Wage Earners and since the eve of the Great Depression. by the US Women’s Chamber of Com- Clerical Workers (United States city aver- CEOs are raking in millions, while the merce, representing 500,000 small busi- age, all items, not seasonally adjusted), or people who do the real work in this nesses around the country; by the Main its successor publication, as determined by country are struggling just to get by. Street Alliance, with chapters in a the Bureau of Labor Statistics; and In 2011, S&P 500 CEOs earned an aver- dozen states and 12,000 small business ‘‘(C) rounded to the nearest multiple of age of $13 million. The average CEO $0.05. members; by the American Sustainable ‘‘(2) In calculating the annual percentage earns more before lunchtime on his Business Council, which along with its first day of work than a minimum increase in the Consumer Price Index for member organizations represents more purposes of paragraph (1)(B), the Secretary wage worker earns all year. That is than 150,000 businesses nationwide, as shall compare such Consumer Price Index for simply appalling. well as more than 300,000 entre- the most recent month, quarter, or year Now some people, specially the big preneurs, managers and investors; and available (as selected by the Secretary prior corporations with these lavish salaries, by Business for a Fair Minimum Wage to the first year for which a minimum wage will criticize my bill, saying it will and Business for Shared Prosperity. is in effect pursuant to this subsection) with force businesses to lay off workers or Because raising the minimum wage is the Consumer Price Index for the same cut back their hours. They say workers month in the preceding year, the same quar- so popular, and so necessary, many ter in the preceding year, or the preceding will be hurt if the minimum wage goes States have moved ahead of the Fed- up. But history proves that these asser- year, respectively.’’. eral Government to do so. Nineteen (b) BASE MINIMUM WAGE FOR TIPPED EM- tions are just plain wrong. We know states and the District of Columbia PLOYEES.—Section 3(m)(1) of the Fair Labor from decades of rigorous research ana- have raised their minimum wage above Standards Act of 1938 (29 U.S.C. 203(m)(1)) is lyzing the real-life effects of minimum the federal level, all across the coun- amended to read as follows: wage increases that minimum wage try. Ten states have already imple- ‘‘(1) the cash wage paid such employee, raises along the lines what I am pro- mented annual indexing of the min- which for purposes of such determination posing do not result in job losses or re- imum wage to keep up with the rising shall be not less than— ‘‘(A) for the 1-year period beginning on the duced hours. Second, these raises do, in cost of living. Thirty States have in- fact, boost workers’ earnings. This re- first day of the third month that begins after creased their minimum wage for tipped the date of enactment of the Fair Minimum search applies to teenagers, too. I will workers above the Federal level. Wage Act of 2013, $3.00 an hour; say it again: minimum wage increases I am proud to introduce the Fair ‘‘(B) for each succeeding 1-year period until do not cause teenage unemployment. Minimum Wage Act of 2013. It is long the hourly wage under this paragraph equals So we will not see negative effects past time to give Americans a raise. 70 percent of the wage in effect under section from raising the minimum wage. But Mr. President, I ask unanimous con- 6(a)(1) for such period, an hourly wage equal we will see positive effects for busi- sent that the text of the bill be printed to the amount determined under this para- nesses and our economy. We know that in the RECORD. graph for the preceding year, increased by increased wages boosts productivity There being no objection, the text of the lesser of— the bill was ordered to be printed in ‘‘(i) $0.95; or and morale. Turnover falls signifi- ‘‘(ii) the amount necessary for the wage in cantly, which saves businesses thou- the RECORD, as follows: effect under this paragraph to equal 70 per- sands of dollars in recruitment, hiring, S. 460 cent of the wage in effect under section and training costs. Moreover, all busi- Be it enacted by the Senate and House of Rep- 6(a)(1) for such period, rounded to the near- nesses would have the same minimum resentatives of the United States of America in est multiple of $0.05; and wage, meaning businesses that are Congress assembled, ‘‘(C) for each succeeding 1-year period after doing the right thing by paying fair SECTION 1. SHORT TITLE. the year in which the hourly wage under this wages will not be undercut by competi- This Act may be cited as the ‘‘Fair Min- paragraph first equals 70 percent of the wage imum Wage Act of 2013’’. in effect under section 6(a)(1) for the same tors who pay rock-bottom wages. SEC. 2. MINIMUM WAGE INCREASES. period, the amount necessary to ensure that The American public knows that op- (a) MINIMUM WAGE.— the wage in effect under this paragraph re- ponents’ outlandish claims about rais- (1) IN GENERAL.—Section 6(a)(1) of the Fair mains equal to 70 percent of the wage in ef- ing the minimum wage don’t hold Labor Standards Act of 1938 (29 U.S.C. fect under section 6(a)(1), rounded to the water. That is why raising the min- 206(a)(1)) is amended to read as follows: nearest multiple of $0.05; and’’.

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.001 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2400 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 March 5, 2013 (c) PUBLICATION OF NOTICE.—Section 6 of The English Language Unity Act of ‘‘(b) SCOPE.—For the purposes of this sec- the Fair Labor Standards Act of 1938 (as 2013 requires the establishment of a tion— amended by subsection (a)) (29 U.S.C. 206) is uniform language requirement for nat- ‘‘(1) the term ‘United States’ means the further amended by adding at the end the uralization and requires that all natu- several States and the District of Columbia; following: and ‘‘(i) Not later than 60 days prior to the ef- ralization ceremonies be conducted in ‘‘(2) the term ‘official’ refers to any func- fective date of any increase in the minimum English. I want to empower new immi- tion that— wage determined under subsection (h) or re- grants coming to our nation by helping ‘‘(A) binds the Government; quired for tipped employees in accordance them understand and become success- ‘‘(B) is required by law; or with subparagraph (B) or (C) of section ful in their new home. I believe that ‘‘(C) is otherwise subject to scrutiny by ei- 3(m)(1), as amended by the Fair Minimum ther the press or the public. Wage Act of 2013, the Secretary shall publish one of the most important ways immi- grants can achieve success is by learn- ‘‘(c) PRACTICAL EFFECT.—This section shall in the Federal Register and on the website of apply to all laws, public proceedings, regula- the Department of Labor a notice announc- ing English. tions, publications, orders, actions, pro- ing the adjusted required wage.’’. There is enormous popular support grams, and policies, but does not apply to— (d) EFFECTIVE DATE.—The amendments for English as the official language ac- ‘‘(1) teaching of languages; made by subsections (a) and (b) shall take ef- cording to polling that has taken place ‘‘(2) requirements under the Individuals fect on the first day of the third month that with Disabilities Education Act; begins after the date of enactment of this over the last few years. A large major- ‘‘(3) actions, documents, or policies nec- Act. ity of Americans support making English the official language of the essary for national security, international By Mr. INHOFE (for himself, Mr. United States. There is also widespread relations, trade, tourism, or commerce; ‘‘(4) actions or documents that protect the COBURN, and Mr. CHAMBLISS): and bipartisan support for this legisla- public health and safety; S. 464. A bill to declare English as the tion, and I hope that you will join me ‘‘(5) actions or documents that facilitate official language of the United States, this Congress in supporting the English the activities of the Bureau of the Census in to establish a uniform English lan- Language Unity Act of 2013. compiling any census of population; guage rule for naturalization, and to Mr. President, I ask unanimous con- ‘‘(6) actions that protect the rights of vic- avoid misconstructions of the English sent that the text of the bill be printed tims of crimes or criminal defendants; or language texts of the laws of the in the RECORD. ‘‘(7) using terms of art or phrases from lan- United States, pursuant to Congress’ There being no objection, the text of guages other than English. powers to provide for the general wel- the bill was ordered to be printed in ‘‘§ 164. Uniform English language rule for nat- uralization fare of the United States and to estab- the RECORD, as follows: ‘‘(a) UNIFORM LANGUAGE TESTING STAND- lish a uniform rule of naturalization S. 464 under article I, section 8, of the Con- ARD.—All citizens should be able to read and Be it enacted by the Senate and House of Rep- understand generally the English language stitution; to the Committee on Home- resentatives of the United States of America in land Security and Governmental Af- text of the Declaration of Independence, the Congress assembled, Constitution, and the laws of the United fairs. SECTION 1. SHORT TITLE. States made in pursuance of the Constitu- Mr. INHOFE. Mr. President, today I This Act may be cited as the ‘‘English Lan- tion. would like to introduce a piece of legis- guage Unity Act of 2013’’. ‘‘(b) CEREMONIES.—All naturalization cere- lation that I believe is of great impor- SEC. 2. FINDINGS. monies shall be conducted in English. tance to the unity of the American Congress finds and declares the following: ‘‘§ 165. Rules of construction people—the English Language Unity (1) The United States is comprised of indi- ‘‘Nothing in this chapter shall be con- Act of 2013. viduals from diverse ethnic, cultural, and strued— That English Language Unity Act of linguistic backgrounds, and continues to ‘‘(1) to prohibit a Member of Congress or 2013 recognizes the practical reality of benefit from this rich diversity. any officer or agent of the Federal Govern- the role of English as our national lan- (2) Throughout the history of the United ment, while performing official functions, guage and makes English the official States, the common thread binding individ- from communicating unofficially through language of the United States govern- uals of differing backgrounds has been the any medium with another person in a lan- ment, a status in law it has not had be- English language. guage other than English (as long as official (3) Among the powers reserved to the fore, and calls on government to pre- functions are performed in English); States respectively is the power to establish ‘‘(2) to limit the preservation or use of Na- serve and enhance the role of English the English language as the official language tive Alaskan or Native American languages as the official language. of the respective States, and otherwise to (as defined in the Native American Lan- Let me be clear, nothing in the bill promote the English language within the re- guages Act); prohibits the use of a language other spective States, subject to the prohibitions ‘‘(3) to disparage any language or to dis- than English. The bill specifically ex- enumerated in the Constitution of the courage any person from learning or using a empts certain actions from requiring United States and in laws of the respective language; or English, such as actions necessary for States. ‘‘(4) to be inconsistent with the Constitu- national security, trade, and pro- SEC. 3. ENGLISH AS OFFICIAL LANGUAGE OF THE tion of the United States. tecting the public health and safety. UNITED STATES. ‘‘§ 166. Standing The English Language Unity Act is an (a) IN GENERAL.—Title 4, United States ‘‘A person injured by a violation of this Code, is amended by adding at the end the chapter may in a civil action (including an attempt to legislate a common sense following new chapter: language policy that a nation of immi- action under chapter 151 of title 28) obtain ‘‘CHAPTER 6—OFFICIAL LANGUAGE appropriate relief.’’. grants needs one national language. ‘‘§ 161. Official language of the United States (b) CLERICAL AMENDMENT.—The table of Our Nation was settled by a group of chapters at the beginning of title 4, United ‘‘The official language of the United States people with a common vision. As our States Code, is amended by inserting after is English. population has grown, our cultural di- the item relating to chapter 5 the following versity has grown as well. This diver- ‘‘§ 162. Preserving and enhancing the role of new item: the official language sity is part of what makes our nation ‘‘CHAPTER 6. OFFICIAL LANGUAGE’’. ‘‘Representatives of the Federal Govern- great. SEC. 4. GENERAL RULES OF CONSTRUCTION FOR However, we must be able to commu- ment shall have an affirmative obligation to ENGLISH LANGUAGE TEXTS OF THE preserve and enhance the role of English as LAWS OF THE UNITED STATES. nicate with one another so that we can the official language of the Federal Govern- appreciate our differences. When mem- (a) IN GENERAL.—Chapter 1 of title 1, ment. Such obligation shall include encour- United States Code, is amended by adding at bers of our society cannot speak a com- aging greater opportunities for individuals the end the following new section: mon language, misunderstandings to learn the English language. ‘‘§ 8. General rules of construction for laws of arise. Furthermore, the individuals ‘‘§ 163. Official functions of Government to be the United States who do not speak the language of the conducted in English ‘‘(a) English language requirements and majority miss out on many opportuni- ‘‘(a) OFFICIAL FUNCTIONS.—The official workplace policies, whether in the public or ties to advance in society and achieve functions of the Government of the United private sector, shall be presumptively con- the American Dream. States shall be conducted in English. sistent with the Laws of the United States.

VerDate Sep 11 2014 10:27 Sep 25, 2017 Jkt 029102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR13\S05MR3.001 S05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD March 5, 2013 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 2 2401 ‘‘(b) Any ambiguity in the English lan- (1) designates April 5, 2013, as ‘‘Gold Star Whereas, between 1901 and 1910, 754 Afri- guage text of the Laws of the United States Wives Day’’; can-Americans were lynched, some simply shall be resolved, in accordance with the last (2) honors and recognizes— for being ‘‘too familiar’’ with White women; two articles of the Bill of Rights, not to deny (A) the contributions of the members of Whereas, in 1910, Congress passed the Act or disparage rights retained by the people, Gold Star Wives of America, Inc.; and of June 25, 1910 (commonly known as the and to reserve powers to the States respec- (B) the dedication of the members of Gold ‘‘White Slave Traffic Act’’ or the ‘‘Mann tively, or to the people.’’. Star Wives of America, Inc. to the members Act’’) (18 U.S.C. 2421 et seq.), which outlawed (b) CLERICAL AMENDMENT.—The table of and veterans of the Armed Forces of the the transportation of women in interstate or sections at the beginning of chapter 1 of title United States; and foreign commerce ‘‘for the purpose of pros- 1, is amended by inserting after the item re- (3) encourages the people of the United titution or debauchery, or for any other im- lating to section 7 the following new item: States to observe Gold Star Wives Day to moral purpose’’; ‘‘8. General Rules of Construction for Laws promote awareness of— Whereas, in October 1912, Jack Johnson be- of the United States.’’. (A) the contributions and dedication of the came involved with a White woman whose SEC. 5. IMPLEMENTING REGULATIONS. members of Gold Star Wives of America, Inc. mother disapproved of their relationship and The Secretary of Homeland Security shall, to the members and veterans of the Armed sought action from the Department of Jus- within 180 days after the date of enactment Forces of the United States; and tice, claiming that Jack Johnson had ab- of this Act, issue for public notice and com- (B) the important role Gold Star Wives of ducted her daughter; ment a proposed rule for uniform testing America, Inc. plays in the lives of the Whereas Jack Johnson was arrested by English language ability of candidates for spouses and families of the fallen members Federal marshals on October 18, 1912, for naturalization, based upon the principles and veterans of the Armed Forces of the transporting the woman across State lines that— United States. for an ‘‘immoral purpose’’ in violation of the Mann Act; (1) all citizens should be able to read and f understand generally the English language Whereas the Mann Act charges against text of the Declaration of Independence, the SENATE CONCURRENT RESOLU- Jack Johnson were dropped when the woman Constitution, and the laws of the United TION 5—EXPRESSING THE SENSE refused to cooperate with Federal authori- States which are made in pursuance thereof; OF CONGRESS THAT JOHN AR- ties, and then married Jack Johnson; and THUR ‘‘JACK’’ JOHNSON SHOULD Whereas Federal authorities persisted and (2) any exceptions to this standard should summoned a White woman named Belle RECEIVE A POSTHUMOUS PAR- Schreiber, who testified that Jack Johnson be limited to extraordinary circumstances, DON FOR THE RACIALLY MOTI- such as asylum. had transported her across State lines for VATED CONVICTION IN 1913 THAT the purpose of ‘‘prostitution and debauch- SEC. 6. EFFECTIVE DATE. DIMINISHED THE ATHLETIC, ery’’; The amendments made by sections 3 and 4 Whereas, in 1913, Jack Johnson was con- shall take effect on the date that is 180 days CULTURAL, AND HISTORIC SIG- victed of violating the Mann Act and sen- after the date of the enactment of this Act. NIFICANCE OF JACK JOHNSON AND UNDULY TARNISHED HIS tenced to 1 year and 1 day in Federal prison; f REPUTATION Whereas Jack Johnson fled the United SUBMITTED RESOLUTIONS States to Canada and various European and Mr. MCCAIN (for himself, Mr. REID, South American countries; and Mr. COWAN) submitted the fol- Whereas Jack Johnson lost the Heavy- SENATE RESOLUTION 67—DESIG- lowing concurrent resolution; which weight Championship title to Jess Willard in Cuba in 1915; NATING APRIL 5, 2013, AS ‘‘GOLD was referred to the Committee on the Judiciary: Whereas Jack Johnson returned to the STAR WIVES DAY’’ United States in July 1920, surrendered to S. CON. RES. 5 Mr. BURR (for himself and Mr. SAND- authorities, and served nearly a year in the ERS) submitted the following resolu- Whereas John Arthur ‘‘Jack’’ Johnson was Federal penitentiary at Leavenworth, Kan- tion; which was referred to the Com- a flamboyant, defiant, and controversial fig- sas; ure in the history of the United States who Whereas Jack Johnson subsequently mittee on the Judiciary: challenged racial biases; fought in boxing matches, but never regained S. RES. 67 Whereas Jack Johnson was born in Gal- the Heavyweight Championship title; Whereas the Senate honors the sacrifices veston, Texas, in 1878 to parents who were Whereas Jack Johnson served his country made by the spouses and families of the fall- former slaves; during World War II by encouraging citizens en members of the Armed Forces of the Whereas Jack Johnson became a profes- to buy war bonds and participating in exhi- United States; sional boxer and traveled throughout the bition boxing matches to promote the war Whereas Gold Star Wives of America, Inc. United States, fighting White and African- bond cause; represents the spouses and families of the American heavyweights; Whereas Jack Johnson died in an auto- members and veterans of the Armed Forces Whereas, after being denied (on purely ra- mobile accident in 1946; of the United States who have died on active cial grounds) the opportunity to fight 2 Whereas, in 1954, Jack Johnson was in- duty or as a result of a service-connected dis- White champions, in 1908, Jack Johnson was ducted into the Boxing Hall of Fame: and ability; granted an opportunity by an Australian Whereas, on July 29, 2009, the 111th Con- Whereas the primary mission of Gold Star promoter to fight the reigning White title- gress agreed to Senate Concurrent Resolu- Wives of America, Inc. is to provide services, holder, Tommy Burns; tion 29, which expressed the sense of the support, and friendship to the spouses of the Whereas Jack Johnson defeated Tommy 111th Congress that Jack Johnson should re- fallen members and veterans of the Armed Burns to become the first African-American ceive a posthumous pardon for his racially Forces of the United States; to hold the title of Heavyweight Champion of motivated 1913 conviction: Now, therefore, be Whereas, in 1945, Gold Star Wives of Amer- the World; it ica, Inc. was organized with the help of Elea- Whereas the victory by Jack Johnson over Resolved by the Senate (the House of Rep- nor Roosevelt to assist the families left be- Tommy Burns prompted a search for a White resentatives concurring), That it remains the hind by the fallen members and veterans of boxer who could beat Jack Johnson, a re- sense of Congress that Jack Johnson should the Armed Forces of the United States; cruitment effort that was dubbed the search receive a posthumous pardon— Whereas the first meeting of Gold Star for the ‘‘great white hope’’; (1) to expunge a racially motivated abuse Wives of America, Inc. was held on April 5, Whereas, in 1910, a White former champion of the prosecutorial authority of the Federal 1945; named Jim Jeffries left retirement to fight Government from the annals of criminal jus- Whereas April 5, 2013, marks the 68th anni- Jack Johnson in Reno, Nevada; tice in the United States; and versary of the first meeting of Gold Star Whereas Jim Jeffries lost to Jack Johnson (2) in recognition of the athletic and cul- Wives of America, Inc.; in what was deemed the ‘‘Battle of the Cen- tural contributions of Jack Johnson to soci- Whereas the members and veterans of the tury’’; ety. Armed Forces of the United States bear the Whereas the defeat of Jim Jeffries by Jack Mr. MCCAIN. Mr. President, I come burden of protecting the freedom of the peo- Johnson led to rioting, aggression against to the floor to speak about a resolution ple of the United States; and African-Americans, and the racially moti- I have submitted which calls on the Whereas the sacrifices of the families of vated murder of African-Americans nation- the fallen members and veterans of the wide; President of the United States to post- Armed Forces of the United States should Whereas the relationships of Jack Johnson humously pardon the world’s first Afri- never be forgotten: Now, therefore, be it with White women compounded the resent- can-American heavyweight champion, Resolved, That the Senate— ment felt toward him by many Whites; John Arthur ‘‘Jack’’ Johnson. I am

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She later more about our past wrongs than it agility, which he continues to display married Jack Johnson. could honestly ever say about John- here as majority leader of the Senate. Not to be outdone, the Federal au- son’s own. As such, I urge my col- I would also like to thank him for his thorities remained persistent in their leagues to support and swiftly adopt commitment to the sport of boxing and determination to persecute Johnson, the resolution which requests the for joining me again in attempting to persuading a former scorned Caucasian President of the United States grant do justice for a man who was done a girlfriend of Johnson’s to testify that Jack Johnson a posthumous pardon. great injustice. he had transported her across State f For my colleagues who may not be lines. Her testimony resulted in John- familiar with the story of the late Jack son’s conviction in 1913, when he was AUTHORITY FOR COMMITTEES TO Johnson, he is considered by many to sentenced to 1 year and a day in Fed- MEET be the most dominant athlete in boxing eral prison. During Johnson’s appeal, COMMITTEE ON ARMED SERVICES history. Arthur John Johnson was born one prosecutor admitted: Mr. DURBIN. Mr. President, I ask in Galveston, TX, in 1878 to parents Mr. Johnson was perhaps persecuted as an unanimous consent that the Com- who were former slaves. At an early individual, but that it was his misfortune to mittee on Armed Services be author- age, he realized his talent for the sweet be the foremost example of the evil in per- ized to meet during the session of the science. In order to make a living, mitting the intermarriage of whites and Senate on March 5, 2013, at 9:30 a.m. blacks. Johnson traveled across the country The PRESIDING OFFICER. Without fighting anyone willing to face him. After the trial, Johnson fled the objection, it is so ordered. But he was denied repeatedly, on pure- country to Canada and then traveled to COMMITTEE ON VETERANS’ AFFAIRS ly racial grounds, a chance to fight for various European and South American Mr. DURBIN. Mr. President, I ask the world heavyweight title. For too countries before losing his heavyweight unanimous consent that the Com- long African-American fighters were champion title in Cuba in 1915. Ulti- mittee on Veterans’ Affairs be author- not seen as legitimate contenders for mately overcome by homesickness, ized to meet during the session of the the championship. Fortunately, after Jack Johnson returned to the United Senate on March 5, 2013, at 10:00 a.m. in years of perseverance, Johnson was fi- States in 1920, surrendering to Federal room SD–G50 of the Dirksen Senate Of- nally granted an opportunity in 1908 to authorities, and served nearly 1 year in fice Building. fight the then-reigning title holder, Federal prison. Despite this obvious The PRESIDING OFFICER. Without Tommy Burns, in Sydney, Australia. and clear injustice, Johnson refused to objection, it is so ordered. Even though the fight lasted 14 rounds, turn his back on the country that be- Johnson handily defeated Burns to be- trayed him. Mr. Johnson died in an SELECT COMMITTEE ON INTELLIGENCE come the first African-American automobile accident in 1946 at the age Mr. DURBIN. Mr. President, I ask heavyweight champion of the world. of 68 years. unanimous consent that the Select Jack Johnson’s success in the ring, Today, as we look back on our Na- Committee on Intelligence be author- and sometimes indulgent lifestyle out- tion’s history, the Jack Johnson case ized to meet during the session of the side of it, fostered resentment among is a shameful stain apparent to all. Senate on March 5, 2013, at 2:30 p.m. many and raised concerns that his con- Rectifying this injustice is long over- The PRESIDING OFFICER. Without tinued dominance in the ring would due. The resolution we submit today objection, it is so ordered. somehow disrupt what was then per- calls on the President to pardon Mr. f ceived by many as a racial order. So as Johnson posthumously. It recognizes APPOINTMENT history tells us, a search for a Cauca- the unjustness of what transpired and sian boxer who could defeat Johnson sheds light on the achievements of an The PRESIDING OFFICER. The began. This recruitment effort became athlete who was forced into the shad- Chair, on behalf of the President pro known as the search for the ‘‘Great ows of bigotry and prejudice. Jack tempore, pursuant to Public Law 99– White Hope.’’ The so-called hope ar- Johnson may have been a flawed indi- 498, as amended by Public Law 110–315, rived in the person of former champion vidual, and he was certainly controver- appoints the following individual to Jim Jeffries, who returned from retire- sial during his day, but he was also a the Advisory Committee on Student ment to fight Johnson in 1910. Johnson historic American figure whose life and Financial Assistance: Roberta Johnson went on to defeat Jeffries, and as a accomplishments played an instru- of Iowa vice Norm Bedford of Nevada. shameful consequence race riots broke mental role in our Nation’s develop- f out in several cities as many sought to ment and progress toward true equal- ORDERS FOR WEDNESDAY, MARCH avenge Jeffries’ defeat. ity under the law. Following the loss of the ‘‘Great There is no doubt Jack Johnson de- 6, 2013 White Hope,’’ the Federal Government served much better than a racially mo- Mr. REID. Mr. President, I ask unan- launched an investigation into the le- tivated conviction which denied him imous consent that when the Senate gality of Johnson’s relationships with his liberty and served to diminish his completes its business today, it ad- Caucasian women. At that time the athletic, cultural, and historic signifi- journ until 9:30 a.m. on Wednesday, Mann Act, which was enacted in 1910, cance. As a body we should adopt this March 6, 2013; that following the prayer outlawed the transport of Caucasian resolution and continue to fight for a and pledge, the morning hour be women across State lines for the pur- posthumous pardon for Jack Johnson deemed expired, the Journal of pro- pose of prostitution or debauchery or to afford future generations the oppor- ceedings be approved to date, and the for ‘‘any other immoral purpose.’’ tunity to grasp fully what Jack John- time for the two leaders be reserved for Using the ‘‘any other immoral pur- son accomplished—against great odds— their use later in the day; that fol- pose’’ clause as a pretext, Federal law and appreciate his contributions to so- lowing any leader remarks, the Senate enforcement officials set out to get ciety unencumbered by the taint of an resume executive session to consider Jack Johnson. unjust, racially motivated criminal the nomination of Caitlin Halligan to On October 18, 1912, the Federal Gov- conviction. be a U.S. circuit judge for the DC Cir- ernment got their man. On that day, Sadly, there is no way for us to pos- cuit, with the time until 10:30 a.m. Johnson was arrested for transporting sibly right the wrong that was done to equally divided and controlled in the

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KILLOUGH IN THE UNITED STATES MARINE CORPS RESERVE TO THE COLONEL ROBERT D. LABRUTTA GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: Mr. REID. There will be a cloture COLONEL RUSSELL L. MACK vote, then, Mr. President, on the COLONEL PATRICK X. MORDENTE To be major general COLONEL SHAUN Q. MORRIS BRIG. GEN. PAUL W. BRIER Halligan nomination at 10:30 a.m. to- COLONEL PAUL D. NELSON morrow. COLONEL JOHN M. PLETCHER IN THE NAVY COLONEL DUKE Z. RICHARDSON f COLONEL BRIAN S. ROBINSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL BARRE R. SEGUIN IN THE UNITED STATES NAVY TO THE GRADE INDICATED ADJOURNMENT UNTIL 9:30 A.M. COLONEL JOHN S. SHAPLAND WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COLONEL ROBERT J. SKINNER RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: TOMORROW COLONEL JAMES C. SLIFE COLONEL DIRK D. SMITH To be vice admiral Mr. REID. Mr. President, if there is COLONEL JEFFREY B. TALIAFERRO REAR ADMIRAL WILLIAM H. HILARIDES no further business to come before the COLONEL JON T. THOMAS COLONEL GLEN D. VANHERCK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Senate, I ask unanimous consent that COLONEL STEPHEN N. WHITING IN THE UNITED STATES NAVY TO THE GRADE INDICATED it adjourn under the previous order. COLONEL JOHN M. WOOD WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: There being no objection, the Senate, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- To be vice admiral at 7:15 p.m., adjourned until Wednes- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE day, March 6, 2013, at 9:30 a.m. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION REAR ADM. JOSEPH P. AUCOIN 601: IN THE AIR FORCE f To be lieutenant general AIR FORCE NOMINATIONS BEGINNING WITH ALAN S. CONFIRMATIONS LT. GEN. ROBIN RAND FINE AND ENDING WITH PAUL R. NEWBOLD, WHICH NOMI- IN THE ARMY NATIONS WERE RECEIVED BY THE SENATE AND AP- Executive nominations confirmed by PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY the Senate March 5, 2013: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 7, 2013. IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE AIR FORCE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE ARMY RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ARMY NOMINATION OF JASMINE T. N. DANIELS, TO BE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- To be lieutenant general ARMY NOMINATION OF PAUL W. ROECKER, TO BE COLO- CATED UNDER TITLE 10, U.S.C., SECTION 624: LT. GEN. JOHN M. BEDNAREK NEL. To be major general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATIONS BEGINNING WITH JAMES B. BAR- IN THE UNITED STATES ARMY TO THE GRADE INDICATED KLEY AND ENDING WITH MICHAEL E. SPRAGGINS, WHICH BRIGADIER GENERAL ARNOLD W. BUNCH, JR. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BRIGADIER GENERAL THERESA C. CARTER RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY BRIGADIER GENERAL SANDRA E. FINAN 7, 2013. BRIGADIER GENERAL JEFFREY L. HARRIGIAN To be general ARMY NOMINATION OF LENA M. FABIAN, TO BE MAJOR. BRIGADIER GENERAL TIMOTHY J. LEAHY ARMY NOMINATIONS BEGINNING WITH YIMING A. BRIGADIER GENERAL GREGORY J. LENGYEL GENERAL LLOYD J. AUSTIN III CHING AND ENDING WITH JOSEPH F. GOODMAN, WHICH BRIGADIER GENERAL LEE K. LEVY II THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BRIGADIER GENERAL JAMES F. MARTIN, JR. IN THE UNITED STATES ARMY TO THE GRADE INDICATED PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY BRIGADIER GENERAL JERRY P. MARTINEZ WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND 7, 2013. BRIGADIER GENERAL PAUL H. MCGILLICUDDY RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ARMY NOMINATIONS BEGINNING WITH WILLIAM C. BRIGADIER GENERAL ROBERT D. MCMURRY, JR. ALLEY AND ENDING WITH D010916, WHICH NOMINATIONS BRIGADIER GENERAL EDWARD M. MINAHAN To be lieutenant general WERE RECEIVED BY THE SENATE AND APPEARED IN THE BRIGADIER GENERAL MARK C. NOWLAND LIEUTENANT GENERAL ROBERT L. CASLEN, JR. CONGRESSIONAL RECORD ON FEBRUARY 7, 2013. BRIGADIER GENERAL TERRENCE J. O’SHAUGHNESSY ARMY NOMINATIONS BEGINNING WITH ALISON R. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL MICHAEL T. PLEHN HUPPMAN AND ENDING WITH ALLEGRA E. LOBELL, AS THE VICE CHIEF OF STAFF OF THE ARMY AND AP- BRIGADIER GENERAL MARGARET B. POORE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE POINTMENT IN THE UNITED STATES ARMY TO THE BRIGADIER GENERAL JAMES N. POST III AND APPEARED IN THE CONGRESSIONAL RECORD ON GRADE INDICATED WHILE ASSIGNED TO A POSITION OF BRIGADIER GENERAL STEVEN M. SHEPRO FEBRUARY 7, 2013. IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, BRIGADIER GENERAL DAVID D. THOMPSON ARMY NOMINATIONS BEGINNING WITH THOMAS M. U.S.C., SECTIONS 601 AND 3034: BRIGADIER GENERAL SCOTT A. VANDER HAMM GREGO AND ENDING WITH GEORGE J. ZECKLER, WHICH BRIGADIER GENERAL MARSHALL B. WEBB To be general NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BRIGADIER GENERAL BURKE E. WILSON PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY BRIGADIER GENERAL SCOTT J. ZOBRIST LT. GEN. JOHN F. CAMPBELL 7, 2013. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE NAVY CATED UNDER TITLE 10, U.S.C., SECTION 624: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND NAVY NOMINATIONS BEGINNING WITH ANDREW W. To be brigadier general RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: DELEY AND ENDING WITH GREGORY E. RINGLER, WHICH To be general NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL NINA M. ARMAGNO PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY COLONEL SAM C. BARRETT LT. GEN. VINCENT K. BROOKS 7, 2013.

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TRIBUTE TO MATTHEW CONNOLLY fighter Casimir Pulaski. In my home state of Il- HONORING NANCY ANN DANIEL linois, we celebrate Casimir Pulaski Day, HON. TOM LATHAM which is observed on the first Monday of HON. DAVID G. VALADAO OF IOWA March. OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Born in Warsaw, Poland, on March 6, 1745, IN THE HOUSE OF REPRESENTATIVES Tuesday, March 5, 2013 Casimir Pulaski was a skilled commander who Tuesday, March 5, 2013 Mr. LATHAM. Mr. Speaker, I rise today to fought against Russian forces in Poland. Mr. VALADAO. Mr. Speaker, I rise today, congratulate and recognize Matthew Connolly Based upon his work fighting for freedom in along with my colleague Mr. COSTA, to honor for being named a 2013 Forty Under 40 hon- Poland, Pulaski was recruited by Benjamin Nancy Ann Daniel, of Mendota, California. For oree by the award-winning central Iowa publi- Franklin to join in the American Revolution. In years, she served as a tireless advocate and cation, Business Record. his first correspondence to George Wash- leader in California’s San Joaquin Valley. Mrs. Since 2000, Business Record has under- ington, Pulaski famously wrote, ‘‘I came here, Daniel passed away on February 4, 2013 after taken an exhaustive annual review to identify decades of service to our Valley’s most vul- a standout group of young leaders in the where freedom is being defended, to serve it, nerable citizens. She will be sorely missed. Greater Des Moines area who are making an and to live or die for it.’’ In his first battle of Nancy and her husband, David, were labor impact in their communities and their careers. the Revolution, the Battle of Brandywine on contractors who specialized in cantaloupe har- Each year, forty up-and-coming community September 11, 1777, Pulaski helped alter the vesting. Using their own resources, they and business leaders under 40 years of age course of history by rallying a counterattack founded the Westside Youth Center in 1977 are selected for this prestigious distinction, against advancing British forces that afforded as a local boxing club for Mendota’s at-risk which is based on a combined criteria of com- Washington and countless American troops youth. Over the years, the center added com- munity involvement and success in their cho- the time needed to successfully retreat. As a puters to help students with homework, a foot- sen career field. The 2013 class of Forty result, Washington promoted Pulaski to briga- ball team, and provided a safe place where Under 40 honorees join an impressive roster dier general of the American cavalry. children could spend afternoons and week- of 560 business leaders and growing. Matthew Connolly is the president of his His influence on American independence ends with positive role models. own green builder company, Generation did not end there. Pulaski introduced some Through her leadership and financial stew- Green Builders Company, and resides in the modern military tactics to the American revolu- ardship, Nancy was able to ensure that the Beaverdale neighborhood of Des Moines with tionaries and led troops in numerous battles services at the Westside Youth Center re- his wife Jodi and their two children, Malaya and sieges up and down the eastern sea- mained free of charge. Due to the economic downturn impacting many in the community, Rose and Lane Matthew. Mr. Connolly’s path board. He organized the Continental Army’s the Westside Youth Center has become an to being a successful businessman and family first successful cavalry unit, often using his absolutely integral part of our Valley. man was anything but easy and required over- own money to finance equipment for his men. coming a serious mental illness, schizo- The many lives that have been impacted by phrenia. Matt credits his ability to maintain his On October 9, 1779, during the Battle of Sa- the Westside Youth Center will ensure that recovery since 2004 on five pillars of recov- vannah, Pulaski was struck by grapeshot while Nancy’s legacy lives on for years to come. Her ery—medication, therapy, social worker sup- attempting to lead a secondary charge against passion and dedication to her community pro- port, family and friends, and support groups. the entrenched British. He was taken aboard vided an excellent example to the Mendota Today, Mr. Connolly is running his own com- the USS Wasp and died from his wounds two community. She will be remembered for her pany and serving as an advocate for mental days later. On October 15, he was buried at smile and her constant positive and upbeat at- illness awareness. Matt’s ability to not only sea. Today Pulaski is remembered as the fa- titude. Mrs. Daniel was humble in her commitment survive, but thrive, amidst his mental illness is ther of the American cavalry and one of the and dedication to the City of Mendota. She a testament to his unwavering work ethic and heroes of the American Revolution. He has once reflected, ‘‘You can’t help them all, but it commitment to bettering himself and those been memorialized across America, through makes a big difference when you help a cou- around him. the naming of towns, counties, roads, and ple.’’ Mr. Speaker, I ask my colleagues to join Mr. Speaker, it is a profound honor to rep- other landmarks. resent leaders like Matthew in the United me and Mr. COSTA in remembering Mrs. States Congress and it is with great pride that In 2009, on the 230th anniversary of his Nancy Ann Daniel for her invaluable service to I recognize and applaud Mr. Connolly for uti- death, Congress honored Pulaski post- the San Joaquin Valley. lizing his talents to better both his community humously as an honorary citizen of the United f and the great state of Iowa. I invite my col- States, marking only the seventh time in TRIBUTE TO MATTHEW HARRIS leagues in the House to join me in congratu- American history that an individual has been lating Matthew on receiving this esteemed granted such an honor. HON. TOM LATHAM designation, thanking those at Business This past Saturday, I joined the Polish High- Record for their great work, and wishing each OF IOWA landers Alliance at their headquarters in Chi- IN THE HOUSE OF REPRESENTATIVES member of the 2013 Forty Under 40 class cago’s Archer Heights community to celebrate Tuesday, March 5, 2013 continued success. Pulaski Day. In my address to the group gath- f ered to remember Casimir Pulaski, I praised Mr. LATHAM. Mr. Speaker, I rise today to HONORING CASIMIR PULASKI DAY the long friendship between the United States congratulate and recognize Matthew Harris for and Poland, and pledged my continued sup- being named a 2013 Forty Under 40 honoree HON. DANIEL LIPINSKI port for bringing Poland into the Visa Waiver by the award-winning central Iowa publication, Business Record. OF ILLINOIS Program. Since 2000, Business Record has under- IN THE HOUSE OF REPRESENTATIVES Today, I ask all Americans to remember a taken an exhaustive annual review to identify Tuesday, March 5, 2013 true Polish and American hero who devoted a standout group of young leaders in the Mr. LIPINSKI. Mr. Speaker, I rise today to and ultimately sacrificed his life to the pursuit Greater Des Moines area who are making an honor the life of Polish and American freedom of freedom. impact in their communities and their careers.

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

VerDate Sep 11 2014 13:51 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR13\E05MR3.000 E05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD March 5, 2013 EXTENSIONS OF REMARKS, Vol. 159, Pt. 2 2405 Each year, forty up-and-coming community COMMEMORATING THE EPILEPSY Benet, and Jude, and serves as Economic De- and business leaders under 40 years of age FOUNDATION velopment Director for the city. Professionally, are selected for this prestigious distinction, Curtis serves the people of Ankeny by building which is based on a combined criteria of com- HON. CHRISTOPHER P. GIBSON relationships with business leaders and eco- munity involvement and success in their cho- OF NEW YORK nomic development leaders. Privately, Mr. Brown is an active member of Our Lady’s Im- sen career field. The 2013 class of Forty IN THE HOUSE OF REPRESENTATIVES Under 40 honorees join an impressive roster maculate Conception Church and volunteers of 560 business leaders and growing. Tuesday, March 5, 2013 as a Spanish interpreter for the Make-A-Wish Foundation of Iowa. Both personally and pro- Matthew Harris is an Iowa native and alum- Mr. GIBSON. Mr. Speaker, I rise today to fessionally, Curtis is an example of hard work nus of the University of Northern Iowa. In commemorate the Epilepsy Foundation and two remarkable constituents of New York’s and service that our state can be proud of. March of 2011, Matthew was appointed Ad- Mr. Speaker, it is a profound honor to rep- ministrator of the Iowa Arts Council, a division 19th Congressional District. Recently, Fiona Carroll of Averill Park and Angelina Dutcher of resent leaders like Curtis in the United States of the Iowa Department of Cultural Affairs. Congress and it is with great pride that I rec- Professionally, Harris is charged with leading Glasco had the distinction of being named Northeastern New York’s Winning Kids of ognize and applaud Mr. Brown for utilizing his the state arts agency’s staff, grant-making ini- talents to better both his community and the tiatives and programming while helping ad- 2013. This is a noteworthy accomplishment and shows their dedication to fighting epilepsy. great state of Iowa. I invite my colleagues in vance the agency’s mission of enriching the the House to join me in congratulating Curtis quality of life in Iowa through support of the Every year, the Epilepsy Foundation of Northeastern New York names two individuals on receiving this esteemed designation, thank- arts. Outside of work, Matthew is heavily in- ing those at Business Record for their great volved with the Character Counts in Iowa pro- to represent all of the children throughout our region who suffer from epilepsy. Through this work, and wishing each member of the 2013 gram and the Les Hale Endowment Fund. In Forty Under 40 class continued success. both facets of his life, Matt is an example of designation, Fiona and Angelina will attend hard work and service that our state can be special events and fundraisers to raise aware- f proud of. ness of and to fight this terrible disorder. Addi- HONORING LARRY DOBKIN AND tionally, both will receive a scholarship to the Mr. Speaker, it is a profound honor to rep- ‘‘TUNED IN: THE LARRY DOBKIN summer camp of their choosing. MUSIC SHOWCASE’’ resent leaders like Matthew in the United These two young ladies are incredible indi- States Congress and it is with great pride that viduals and should serve as role models for us I recognize and applaud Mr. Harris for utilizing all. Fiona is an avid recreationalist and nature HON. BRADLEY S. SCHNEIDER OF ILLINOIS his talents to better both his community and enthusiast. She also participates in the Girl IN THE HOUSE OF REPRESENTATIVES the great state of Iowa. I invite my colleagues Scouts of America, the Averill Park Youth Soc- in the House to join me in congratulating Mat- cer League travel team, and uses her spare Tuesday, March 5, 2013 thew on receiving this esteemed designation, time to try to help others who are less fortu- Mr. SCHNEIDER. Mr. Speaker, I rise today thanking those at Business Record for their nate, including recently cutting and donating to honor my friend Larry Dobkin. The world great work, and wishing each member of the her hair to the charity Locks of Love. Angelina sometimes has a cruel way of taking the best 2013 Forty Under 40 class continued success. is also an unbelievably driven and hard- among us, and Larry was one of the best. In working individual. She plays various sports September, he succumbed after a noble battle f and trains in martial arts while attending the with cancer. He left behind a wife, Nanci and 4th grade at the Windham-Ashland-Jewitt three kids, Alex, Carlie and Sydnie. But Larry’s HONORING THE PEOPLE OF School. loss was felt far beyond his immediate family. NAGORNO KARABAKH I am very proud to have such extraordinary That was Larry’s gift—we all felt like family. individuals as constituents of the 19th Con- Perhaps never have I met another person gressional District. Congratulations Angelina so fiercely loyal, devoted and loving. If you HON. DEVIN NUNES and Fiona. I look forward to working with you were a friend—and Larry considered pretty OF CALIFORNIA both and the Epilepsy Foundation of North- much everyone a friend—then Larry would eastern New York to combat epilepsy. work himself to exhaustion for you. He made IN THE HOUSE OF REPRESENTATIVES f a recruiting visit to his beloved University of Il- Tuesday, March 5, 2013 linois law school even as he was battling late- TRIBUTE TO CURTIS BROWN stage cancer. From his hospital bed, Larry still Mr. NUNES. Mr. Speaker, I rise today advocated on behalf of young lawyers in his alongside my colleague, Representative DAVID HON. TOM LATHAM firm and the children of friends. VALADAO, to pay tribute to the people of OF IOWA I had the privilege of knowing Larry through Nagorno Karabakh. IN THE HOUSE OF REPRESENTATIVES many lenses, from Aitz Hayam, to the Jewish Federation, to Response Center and Armenians have suffered some of the worst Tuesday, March 5, 2013 Nachshon. His passion for Israel was second savagery of recent history, from the massacre Mr. LATHAM. Mr. Speaker, I rise today to to none. On countless trips to Israel, Larry of more than a million people in the Armenian congratulate and recognize Curtis Brown for touched countless more people overseas. The Genocide, to the cruel repression of Soviet being named a 2013 Forty Under 40 honoree Jewish community lost a giant. We all did. rule, to Azerbaijan’s war against Nagorno by the award-winning central Iowa publication, He thought deeply about the world and reli- Karabakh and the ongoing siege of that re- Business Record. gion and family and community. Conversations gion. Through these trials and tribulations, the Since 2000, Business Record has under- with Larry always sought the highest ground, Armenian people have paid a steep price for taken an exhaustive annual review to identify and they always focused on making the world their freedom. The hero’s welcome Azerbaijan a standout group of young leaders in the safer, making it better for the next generation. recently afforded to Ramil Safarov, an Azer- Greater Des Moines area who are making an One of Larry’s greatest endeavors was his baijani military officer who murdered a sleep- impact in their communities and their careers. support for Response Center, which provides ing Armenian officer during a NATO-spon- Each year, forty up-and-coming community outreach, counseling and sexual health serv- sored program in Hungary, is a stark reminder and business leaders under 40 years of age ices to teens and their families. For those of of the unrelenting hostility Armenians face are selected for this prestigious distinction, us who knew Larry, this isn’t a surprise: it’s today. which is based on a combined criteria of com- helping kids. In recognition of his peerless ef- In this year, which marks the twenty-fifth an- munity involvement and success in their cho- forts, Response Center has created an en- niversary of another anti-Armenian atrocity— sen career field. The 2013 class of Forty dowment in his honor and—perhaps even the Sumgait pogroms—we pay homage to the Under 40 honorees join an impressive roster more to Larry’s liking—they renamed their an- Armenian people and particularly the people of of 560 business leaders and growing. nual teen music showcase in his memory. Nagorno Karabakh, who bravely struggle to Curtis Brown lives in Ankeny, Iowa with his From this year forward, it will be ‘‘Tuned In: maintain their right to self-determination. wife Rachel and sons Maximilian, Adrian The Larry Dobkin Music Showcase.’’

VerDate Sep 11 2014 13:51 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR13\E05MR3.000 E05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2406 EXTENSIONS OF REMARKS, Vol. 159, Pt. 2 March 5, 2013 Now, Larry will be responsible for helping IN HONOR OF K9 VETERANS DAY impact in their communities and their careers. support young people and their families. I Each year, forty up-and-coming community can’t think of anything he’d want more, and I HON. PATRICK MEEHAN and business leaders under 40 years of age know that somewhere Larry is bear-hugging OF PENNSYLVANIA are selected for this prestigious distinction, everyone in sight, not because he’s proud of which is based on a combined criteria of com- IN THE HOUSE OF REPRESENTATIVES a personal achievement, but because his mis- munity involvement and success in their cho- sion continues. Tuesday, March 5, 2013 sen career field. The 2013 class of Forty Though we miss him with all our hearts, our Mr. MEEHAN. Mr. Speaker, I rise in honor Under 40 honorees join an impressive roster lives are immeasurably better for having of K9 Veteran’s Day. March 13, 1942 is the of- of 560 business leaders and growing. shared a lot of his life together. We have to ficial birthday of the United States K9 Corps Lawrence Cunningham is the Director of dedicate ourselves to working tirelessly, every and many states across the country, including Business Development at Catchfire Media, single day, working ourselves to exhaustion Pennsylvania, have officially recognized this where he is responsible for adding $2 million and beyond because there’s a void that Larry date as K9 Veterans Day. For decades, mili- a year in new business. Outside of his career, left. As we continue to grieve, we continue to tary and police working dogs have served Mr. Cunningham is heavily involved with a work. Larry never stopped and neither can we. alongside our brave troops and law enforce- number of young professional organizations across the state. Lawrence resides in Larry, I miss you. We all miss you. ment officers. They have sacrificed and lost their lives in the line of duty, and they deserve Urbandale with his wife Brandy and their two- our respect and gratitude. It is important that year-old son Asher. In both facets of his life, f we take a moment to remember those canines Lawrence is an example of hard work and TRIBUTE TO DESMUND ADAMS that have served diligently to protect lives. service that our state can be proud of. f Mr. Speaker, it is a profound honor to rep- resent leaders like Lawrence in the United HON. TOM LATHAM HONORING SHEN YUN States Congress and it is with great pride that PERFORMING ARTS I recognize and applaud Mr. Cunningham for OF IOWA utilizing his talents to better both his commu- IN THE HOUSE OF REPRESENTATIVES HON. ROBERT A. BRADY nity and the great state of Iowa. I invite my Tuesday, March 5, 2013 OF PENNSYLVANIA colleagues in the House to join me in con- IN THE HOUSE OF REPRESENTATIVES gratulating Lawrence on receiving this es- Mr. LATHAM. Mr. Speaker, I rise today to teemed designation, thanking those at Busi- Tuesday, March 5, 2013 congratulate and recognize Desmund Adams ness Record for their great work, and wishing for being named a 2013 Forty Under 40 hon- Mr. BRADY of Pennsylvania. Mr. Speaker, I each member of the 2013 Forty Under 40 oree by the award-winning central Iowa publi- rise today to honor Shen Yun Performing Arts’ class continued success. cation, Business Record. upcoming visit to the tri-state area and the f company’s significant contributions to the ad- Since 2000, Business Record has under- THE STANDARD DATA ACT OF 2013 taken an exhaustive annual review to identify vancement of the arts in the Philadelphia area. a standout group of young leaders in the Reviving the essence of 5000 years of Chi- Greater Des Moines area who are making an nese culture, Shen Yun is a world-class dance HON. TOM REED impact in their communities and their careers. company that has performed in cities across OF NEW YORK Each year, forty up-and-coming community the United States and abroad. The company’s IN THE HOUSE OF REPRESENTATIVES performers practice the Falun Dafa spiritual and business leaders under 40 years of age Tuesday, March 5, 2013 are selected for this prestigious distinction, discipline and are hosted by local Falun Dafa Mr. REED. Mr. Speaker, today I join my col- which is based on a combined criteria of com- Associations around the world. Founded in league Mr. DOGGETT of Texas, to introduce munity involvement and success in their cho- 2006, Shen Yun has graced many of the the Standard Data and Technology Advance- sen career field. The 2013 class of Forty world’s greatest stages in its short tenure, in- ment Act of 2013, or the ‘‘Standard DATA Under 40 honorees join an impressive roster cluding Lincoln Center in New York City, The Act.’’ This legislation follows legislation pre- of 560 business leaders and growing. Kennedy Center in D.C., Royal Festival Hall in London, and Le Palais de Congre`s in Paris. viously introduced and championed by former Desmund Adams is the epitome of an Philadelphia has been blessed with a vi- Congressman Geoff Davis during his time as ‘‘American success story.’’ Once a high school brant and active Chinese community, one that the Committee on Ways and Means Human dropout and later a graduate of Drake Univer- has been bettered through the contributions of Resources Subcommittee Chairman. sity Law School, Desmund has gone on to live Shen Yun. I ask that you and my other distin- The Standard DATA Act builds on the his life as an example of what is possible guished colleagues help me in honoring Shen progress that has been made to establish con- through hard work and dedication. In 2005, he Yun and their upcoming trip to the Philadel- sistent requirements for the electronic content started his own executive search firm, phia area. I am thrilled that my community will and format of data used in the administration AdamsDouglas, and today is accountable for be able to enjoy the beauty of this dance com- of key human services programs authorized more than half of gross revenues for the com- pany in the upcoming months. by the Social Security Act. pany. Desmund resides in Clive, Iowa with his f Human services programs serve overlap- wife Dr. Shondalette Adams and their two ping populations and should, from an informa- sons, Khalil Desmund Adams and Solomon TRIBUTE TO LAWRENCE tion technology standpoint, operate consist- Douglas Adams. Desmund’s selection as a CUNNINGHAM ently within and across programs. By con- Forty Under 40 honoree by Business Record tinuing the process of data standardization reflects what is possible when Iowa work ethic HON. TOM LATHAM and the use of common reporting mecha- intersects with leadership and character. OF IOWA nisms, this bill will help achieve three goals: Mr. Speaker, it is a profound honor to rep- IN THE HOUSE OF REPRESENTATIVES better prevent and identify fraud and abuse; resent leaders like Desmund in the United increase the efficiency of administrative re- States Congress and it is with great pride that Tuesday, March 5, 2013 sources to serve eligible beneficiaries; and I recognize and applaud Mr. Adams for uti- Mr. LATHAM. Mr. Speaker, I rise today to produce program savings for U.S. taxpayers. lizing his talents to better both his community congratulate and recognize Lawrence This bill continues the efforts begun in the and the great state of Iowa. I invite my col- Cunningham for being named a 2013 Forty bipartisan, bicameral Child and Family Serv- leagues in the House to join me in congratu- Under 40 honoree by the award-winning cen- ices Extension and Enhancement Act of 2011, lating Desmund on receiving this esteemed tral Iowa publication, Business Record. which was the first effort at requiring a human designation, thanking those at Business Since 2000, Business Record has under- services program to implement standard data Record for their great work, and wishing each taken an exhaustive annual review to identify elements and reporting. President Obama member of the 2013 Forty Under 40 class a standout group of young leaders in the signed that bill into law on September 30, continued success. Greater Des Moines area who are making an 2011.

VerDate Sep 11 2014 13:51 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR13\E05MR3.000 E05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD March 5, 2013 EXTENSIONS OF REMARKS, Vol. 159, Pt. 2 2407 The Middle Class Tax Relief and Job Cre- which is based on a combined criteria of com- OPPOSITION TO BUDGET ation Act of 2012, signed by the President in munity involvement and success in their cho- SEQUESTRATION February 2012, applied similar data standards sen career field. The 2013 class of Forty provisions to unemployment insurance and the Under 40 honorees join an impressive roster HON. HENRY A. WAXMAN Temporary Assistance for Needy Families pro- of 560 business leaders and growing. OF CALIFORNIA gram. Erica Axiotis resides in Des Moines, Iowa IN THE HOUSE OF REPRESENTATIVES This program-by-program approach has with her husband Christopher and is currently Tuesday, March 5, 2013 been useful, but the ultimate goal is to work across programs. The legislation being intro- serving as the Director of Development for the Mr. WAXMAN. Mr. Speaker, today we find duced today provides a path forward to cover Mercy Foundation, where she works with busi- ourselves in the midst of yet another manufac- additional programs under the jurisdiction of nesses interested in providing donations to as- tured crisis that threatens our economic recov- the Human Resources subcommittee, with the sist the healthcare work done by Mercy Med- ery. Last Friday marked the beginning of $85 intention of moving to create a complete sys- ical Center. Also a board member of the Jun- billion in arbitrary, across-the-board cuts to tem of program information exchange. ior League of Des Moines, the Iowa Shake- key domestic priorities and defense programs. How did we get here? The Budget Control As a member of the Human Resources sub- speare Experience, and Young Variety, Mrs. Act of 2011 created an automatic sequestra- committee I commend these efforts and recog- Axiotis’ commitment and passion for assisting tion plan that was designed to be so sense- nize the data provisions enacted in P.L. 112– her community and beyond are outstanding. less and so painful that Democrats and Re- 96 are designed to be a catalyst for continued Mr. Speaker, it is a profound honor to rep- publicans would be left with no choice but to action. resent leaders like Erica in the United States come together to craft an alternative. Yet, the Consistent with the bipartisan approach de- Congress and it is with great pride that I rec- sequestration that was never supposed to veloped and maintained by former Sub- ognize and applaud Mrs. Axiotis for utilizing happen has begun. committee Chairman Geoff Davis and Ranking her talents to better both her community and The impact of these cuts will be real. The Member LLOYD DOGGETT, today I introduce the great state of Iowa. I invite my colleagues Congressional Budget Office estimates that this bill with the full support of the Human Re- in the House to join me in congratulating Erica sequestration will reduce GDP by .6% and sources Subcommittee, from both sides of the on receiving this esteemed designation, thank- cost about 750,000 jobs by the fourth quarter aisle. ing those at Business Record for their great of this year. These alarming figures don’t even Improved data standards will help increase take into account the impact cuts will have on the efficiency of data exchanges to use and work, and wishing each member of the 2013 federal protections and services for American reuse data within and across programs. That Forty Under 40 class continued success. families. will allow States to automate the exchange of f They include: claimant data on work and benefit receipt, re- Reductions in FDA funding that will result in ducing delays and minimizing improper pay- COMMEMORATING THE 25TH ANNI- fewer scheduled food safety inspections and ments. It will also help to automate application VERSARY OF THE BEGINNING OF delays in new drug approvals. forms by pre-populating them with reliable and THE NAGORNO KARABAKH INDE- Reductions in substance abuse and mental verified data, which can reduce the manual PENDENCE MOVEMENT health programs that will result in nearly burden on staff and allow them more time to 400,000 adults and children with serious men- engage beneficiaries, all while reducing error. tal illnesses going without treatment. This efficiency will better serve program bene- HON. MICHAEL G. GRIMM Reductions in funding for the National Insti- ficiaries and taxpayers at the same time. tutes of Health (NIH) and National Science I thank my colleagues for co-sponsoring this OF NEW YORK Foundation (NSF), resulting in delayed or halt- important legislation, starting with Mr. DOG- IN THE HOUSE OF REPRESENTATIVES ed scientific and medical research. Reductions GETT, the Ranking Member on the Human Re- in funding for the Aids Drug Assistance Pro- sources Subcommittee, Mr. REICHERT, Chair- Tuesday, March 5, 2013 gram, resulting in thousands fewer patients man of the Human Resources Subcommittee, having access to HIV medications, and reduc- as well as Mr. LEWIS of Georgia, Dr. BOU- Mr. GRIMM. Mr. Speaker, last month tions in funding for Centers for Disease Con- STANY, Mr. YOUNG of Indiana, Mr. GRIFFIN, Mr. marked 25 years since the people of the trol (CDC), resulting in over 400,000 fewer RENACCI, Mr. TIBERI, Mr. PAULSEN and Mr. Nagorno Karabakh region took a brave and AIDS tests being conducted this year. DANNY DAVIS of Illinois. bold first step in asserting their right to political Reductions in the Environmental Protection I invite all Members to join us in supporting freedom and national independence. Since the Agency (EPA), resulting in cuts in public this important legislation designed to improve early 20th century the Nagorno Karabakh re- health and environmental protections, includ- the integrity of the benefit programs millions of gion and its people have been subject to the ing reductions in safe drinking water and Americans access today, and ensure that tax- territorial squabbling and political gamesman- wastewater treatment projects, water quality payer funds are properly spent. ship of a number of foreign powers. In spite of permitting, air quality monitoring, and haz- f this fact, the proud people of the Nagorno ardous waste cleanups. Karabakh have steadfastly asserted their de- Nearly 4 million individuals receiving feder- TRIBUTE TO ERICA AXIOTIS sire for political autonomy, overwhelmingly ap- ally funded unemployment benefits will face an proving a popular referendum declaring inde- 11% cut in their weekly payments. The WIC HON. TOM LATHAM pendence from Azerbaijan in 1991 and there- nutrition program for low-income pregnant OF IOWA by affirming a distinct national identity driven women, infants, and young children could be IN THE HOUSE OF REPRESENTATIVES by deep ethnic, cultural, and religious bonds. forced to turn away over 700,000 women and children by the end of the year and 100,000 Tuesday, March 5, 2013 The Nagorno Karabakh Republic’s steady ad- families could lose their housing vouchers. Mr. LATHAM. Mr. Speaker, I rise today to vances in the industries of banking, agri- California will be particularly hard hit by the congratulate and recognize Erica Axiotis for culture, and telecommunications, provide fur- deep cuts to defense spending. Billions of dol- being named a 2013 Forty Under 40 honoree ther testament to their promise as a viable lars and an estimated 225,464 jobs related to by the award-winning central Iowa publication, independent partner in the international com- aerospace and defense are at risk. Business Record. munity. Coupling this with the United States’ We have an obligation to put partisanship Since 2000, Business Record has under- longstanding and unambiguous role as a de- aside and make budget decisions that reflect taken an exhaustive annual review to identify fender of free people’s right to self-determina- the priorities of the American people. Presi- a standout group of young leaders in the tion across the globe, I hope that my col- dent Obama has offered to work with Con- Greater Des Moines area who are making an leagues will join me in commemorating the gress on a comprehensive plan to reduce the impact in their communities and their careers. 25th anniversary of the Nagorno Karabakh lib- debt, create a fairer tax system, and rebuild Each year, forty up-and-coming community eration movement as part of the promotion of the middle class, all of which are necessary to and business leaders under 40 years of age peace, stability, and prosperity in the South strengthen the economy and maintain our abil- are selected for this prestigious distinction, Caucusus. ity to compete. Democrats have introduced

VerDate Sep 11 2014 13:51 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR13\E05MR3.000 E05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 2408 EXTENSIONS OF REMARKS, Vol. 159, Pt. 2 March 5, 2013 legislation that takes such a balanced ap- Born in the early morning hours under a a standout group of young leaders in the proach, and I urge the Republican leadership lone tree on the Rice Ranch, Clarence Atwell Greater Des Moines area who are making an to allow it to come to the floor for a vote. would grow to lead an extraordinary life. impact in their communities and their careers. f Raised by his grandmother on the reservation, Each year, forty up-and-coming community Clarence spoke his native language of Tachi. and business leaders under 40 years of age TRIBUTE TO JONATHAN It was only when he started grade school that are selected for this prestigious distinction, BRENDEMUEHL he learned English. During his adolescent which is based on a combined criteria of com- years, Clarence developed a strong passion munity involvement and success in their cho- for caring for the tribal elders. He would spend sen career field. The 2013 class of Forty HON. TOM LATHAM days hunting for food, sometimes walking sev- Under 40 honorees join an impressive roster OF IOWA eral miles to bring home rabbit, deer, and fish of 560 business leaders and growing. IN THE HOUSE OF REPRESENTATIVES for the elders. His love of the land grew as he John Mickelson is the Associate Managing Tuesday, March 5, 2013 became a young man, and Clarence worked Director at the PrivateBank and Trust Co. and in the fields from sunup to well beyond sun- also serves as a City Councilman for the City Mr. LATHAM. Mr. Speaker, I rise today to down each day. of West Des Moines. He has previously start- congratulate and recognize Jonathan Strongly connected to his tribe, Chief Atwell ed, owned, and operated three small busi- Brendemuehl for being named a 2013 Forty was first elected Tribal Chairman in his early nesses. John received three degrees from the Under 40 honoree by the award-winning cen- 20s and would go on to hold the position for University of Iowa, where he was also a letter- tral Iowa publication, Business Record. over 40 years. The Tachi Yokut Tribe pros- winner on the football team. Outside of work, Since 2000, Business Record has under- pered under the powerful and wise Tribal John serves as Vice-Chair for the State Histor- taken an exhaustive annual review to identify Leadership of Chief Atwell. For many years, ical Society of Iowa and a Board Member for a standout group of young leaders in the the members worked hard to achieve self-suf- the John Pappajohn Entrepreneurial Center. Greater Des Moines area who are making an ficiency by expanding Tachi Palace in Mr. Mickelson resides in West Des Moines impact in their communities and their careers. Lemoore from a small gaming facility into one with his wife Brooke and their three sons. In Each year, forty up-and-coming community of the San Joaquin Valley’s top destinations. both facets of his life, John is an example of and business leaders under 40 years of age Partially due to his efforts, tribal members now hard work and service that our state can be are selected for this prestigious distinction, have access to secure housing, the elders re- proud of. which is based on a combined criteria of com- ceive lunch each day, and the members have Mr. Speaker, it is a profound honor to rep- munity involvement and success in their cho- dental and medical care. resent leaders like John in the United States sen career field. The 2013 class of Forty Acknowledged by Kings County, California Congress and it is with great pride that I rec- Under 40 honorees join an impressive roster as an official Spiritual Leader, Chief Atwell ognize and applaud Mr. Mickelson for utilizing of 560 business leaders and growing. was renowned for his spiritual guidance and his talents to better both his community and Originally from Illinois, Jonathan Brens performed countless life-changing ceremonies, the great state of Iowa. I invite my colleagues Moines home with his partner Christopher including weddings, baptisms, and funerals. in the House to join me in congratulating John Diebel. Mr. Brendemuehl, 26, serves as the Chief Atwell was a Bear Clan Leader for Cali- on receiving this esteemed designation, thank- Marketing Events Coordinator for Bankers fornia, one of the highest native spiritual hon- ing those at Business Record for their great Trust Co. In this role, Jonathan manages ors afforded to individuals. The Bears were work, and wishing each member of the 2013 Bankers Trust’s involvement in more than 125 part of the official inauguration ceremony of Forty Under 40 class continued success. annual events. Outside of his career, Mr. then-California Lt. Governor Cruz Bustamante f Brendemuehl serves as president of the where they performed in full regalia at the Downtown Neighborhood Association and is State’s Capitol. NATIONAL INVASIVE SPECIES actively involved in the Des Moines Symphony Chief Atwell advised many political leaders, AWARENESS WEEK and Des Moines Community Playhouse. Jona- having had the distinction of meeting Vice than’s passion for his career and his commu- President Al Gore and President Bill Clinton. HON. BETTY McCOLLUM nity sets an example that our state can be Chief Atwell was known for his candor and OF MINNESOTA proud of. forthrightness, though always in a quiet and IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, it is a profound honor to rep- polite manner. Tribes across the country could resent leaders like Jonathan in the United count on Chief Atwell for his political savvy, Tuesday, March 5, 2013 States Congress and it is with great pride that keen knowledge, and intense wisdom. Ms. MCCOLLUM. Mr. Speaker, today I rise I recognize and applaud Mr. Brendemuehl for Clarence leaves behind his wife, Jeanette, to recognize this week as National Invasive utilizing his talents to better both his commu- and children: Kimberly, Cheryl, Curtis, Aubrey, Species Awareness Week. nity and the great state of Iowa. I invite my and Rufus; as well as many grandchildren, The National Invasive Species Awareness colleagues in the House to join me in con- great grandchildren, nieces and nephews. Week is an opportunity to learn about invasive gratulating Jonathan on receiving this es- Mr. Speaker, it is with great respect that Mr. species in our communities and the risk they teemed designation, thanking those at Busi- COSTA and I ask our colleagues in the House pose to our environments, economy, and na- ness Record for their great work, and wishing of Representatives to pay tribute to the life tive wildlife. These non-native plants, animals, each member of the 2013 Forty Under 40 and service of Clarence Atwell, Jr. His advice and other microorganisms are costing our class continued success. and leadership will be missed by many, but local communities, states, and the federal gov- his spirit will surely live on in the Tachi Yokut f ernment millions of dollars each year. One Tribe. species of concern for my district is Asian HONORING THE LIFE OF f Carp. CLARENCE ATWELL, JR. TRIBUTE TO JOHN MICKELSON If left unchecked, Asian Carp will destroy local ecosystems and potentially risk thou- HON. DAVID G. VALADAO HON. TOM LATHAM sands of jobs in my home state of Minnesota. OF CALIFORNIA Since the 1970s, this environmental-invader OF IOWA has overwhelmed the Mississippi watershed. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Asian Carp now threatens an estimated Tuesday, March 5, 2013 Tuesday, March 5, 2013 10,000 lakes and 92,000 miles of rivers and Mr. VALADAO. Mr. Speaker, I rise today, Mr. LATHAM. Mr. Speaker, I rise today to streams in Minnesota. Jumping almost ten feet along with my colleague Mr. COSTA, to pay congratulate and recognize John Mickelson for in the air, they pose a real hazard to boaters tribute to the life of Clarence Atwell, Jr., who being named a 2013 Forty Under 40 honoree and fishermen. Our state is not alone in the passed away on February 28, 2013 at the age by the award-winning central Iowa publication, devastating effects of this invasive species. of 67. Clarence served as Chief of the Tachi Business Record. Communities in Illinois, Indiana, Kentucky, Yokut Tribe for 42 years. His leadership, guid- Since 2000, Business Record has under- Tennessee, Iowa, Kentucky, Ohio, and Wis- ance, and compassion will be greatly missed. taken an exhaustive annual review to identify consin have all been affected by Asian Carp.

VerDate Sep 11 2014 13:51 Sep 20, 2017 Jkt 029102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR13\E05MR3.000 E05MR3 rmajette on DSKBCKNHB2PROD with BOUND RECORD March 5, 2013 EXTENSIONS OF REMARKS, Vol. 159, Pt. 2 2409 Earlier this year, I re-introduced the Stra- Each year, forty up-and-coming community on her birthday, but it is also fitting to reflect tegic Response to Asian Carp Invasion Act and business leaders under 40 years of age on the momentous occasions that she has wit- (H.R. 358) along with Congressman MIKE are selected for this prestigious distinction, nessed in her lifetime, such as women achiev- KELLY (R–PA). Effectively combatting this seri- which is based on a combined criteria of com- ing the right to vote. As we celebrate the ac- ous problem requires the federal government munity involvement and success in their cho- complishments of Annabelle, let us commemo- to be an equal partner, engaged with our sen career field. The 2013 class of Forty rate all women throughout history who paved states and local communities. Senators Under 40 honorees join an impressive roster the way for progress. SHERROD BROWN (D–OH) and PAT TOOMEY of 560 business leaders and growing. (R–PA) have introduced an identical version— Tina Gray Carstensen is a lifelong Iowa na- f S. 125. tive who grew up in Newton and received her Our legislation will hold federal agencies ac- Bachelor of Arts from Central College in Pella. TRIBUTE TO HEATHER STARR countable and improve their coordination with Since 2002, Tina has been a marketing coor- local authorities to slow the spread of Asian dinator for Shive-Hattery Architecture and En- HON. TOM LATHAM Carp. The bill would require the U.S. Fish and gineering in West Des Moines, a full service OF IOWA Wildlife Service to lead a new multi-agency ef- design firm. In this role Tina has built the mar- IN THE HOUSE OF REPRESENTATIVES fort that includes the Army Corps of Engi- keting team and hired and trained other mar- neers, the National Park Service and the U.S. keting coordinators in the firm’s offices across Tuesday, March 5, 2013 Geological, Survey to develop a coordinated Iowa and Illinois. Her passion for helping oth- Mr. LATHAM. Mr. Speaker, I rise today to strategy that supports on-going state and re- ers has led her to become extremely involved congratulate and recognize Heather Starr for gional efforts as well as provide high-level with community organizations, including pro- being named a 2013 Forty Under 40 honoree technical assistance, best practices, and other viding graphic design services for various ani- by the award-winning central Iowa publication, resources. mal rescue groups and serving as Chair of the Business Record. Ongoing work by the Asian Carp Regional West Des Moines Leadership Academy Board. Since 2000, Business Record has under- Coordinating Commission, the Great Lakes Tina resides in the Beaverdale neighborhood taken an exhaustive annual review to identify Restoration Initiative, non-governmental orga- in Des Moines with her husband Jay, her step- a standout group of young leaders in the nizations, our Canadian partners, and regional son Finn and their two cats Mo and Hershey. Greater Des Moines area who are making an efforts demonstrate a broad recognition of the Her proud parents, James and Sandra Gray, impact in their communities and their careers. scope of this threat. However, no federal strat- continue to reside in Newton. Each year, forty up-and-coming community egy currently exists to protect the Upper Mis- Mr. Speaker, it is a profound honor to rep- and business leaders under 40 years of age sissippi and Ohio River basins and tributaries resent leaders like Tina in the United States are selected for this prestigious distinction, from this destructive, invasive species. Congress and it is with great pride that I rec- which is based on a combined criteria of com- The Strategic Response to Asian Carp Inva- ognize and applaud Mrs. Carstensen for uti- munity involvement and success in their cho- sion Act has the endorsement of several na- lizing her talents to better both her community sen career field. The 2013 class of Forty tional wide organizations such as Trout Unlim- and the great state of Iowa. I invite my col- Under 40 honorees join an impressive roster ited, National Wildlife Federation, National leagues in the House to join me in congratu- of 560 business leaders and growing. Parks Conservation Association, and B.A.S.S. lating Tina on receiving this esteemed des- Heather Starr is currently in the second year Last year, taxpayers paid an estimated $100 ignation, thanking those at Business Record of her real estate career as a Real Estate million for the control of Asian Carp. We will for their great work, and wishing each member Agent for RE/MAX Innovations. Prior to her continue to waste taxpayer dollars without a of the 2013 Forty Under 40 class continued current role, Heather owned her own commu- national strategy that targets our resources, in- success. nications firm, North Starr Communications, vests in new solutions, and coordinates ongo- f and was the director of development and com- ing, effective efforts to slow the spread of ANNABELLE GLAZER munications for the Animal Rescue League of Asian Carp. Iowa, tasked with raising nearly $4 million to f meet the capital campaign goal. Mrs. Starr is HON. MICHAEL G. FITZPATRICK an Iowa native with degrees from Iowa State OF PENNSYLVANIA TRIBUTE TO TINA GRAY University and Drake University. She currently IN THE HOUSE OF REPRESENTATIVES CARSTENSEN resides in rural Winterset with her husband Tuesday, March 5, 2013 Jason and their two sons, Drake and Brody. HON. TOM LATHAM Mr. FITZPATRICK. Mr. Speaker, in light of Heather has lived her life as an example of OF IOWA Women’s History Month, I would like to take the famous Iowan work ethic and dedication to IN THE HOUSE OF REPRESENTATIVES this time to acknowledge an extremely special service that our state can be proud of. occasion: the 100th birthday of Mrs. Annabelle Mr. Speaker, it is a profound honor to rep- Tuesday, March 05, 2013 Glazer. Annabelle was born in Philadelphia, resent leaders like Heather in the United Mr. LATHAM. Mr. Speaker, I rise today to Pennsylvania on March 6, 1913. Throughout States Congress and it is with great pride that congratulate and recognize Tina Gray her life, Annabelle has fulfilled the important I recognize and applaud Mrs. Starr for utilizing Carstensen for being named a 2013 Forty roles of loving wife, dedicated mother, and val- her talents to better both her community and Under 40 honoree by the award-winning cen- ued community member. She worked as a the great state of Iowa. I invite my colleagues tral Iowa publication, Business Record. book keeper until her retirement, upon which in the House to join me in congratulating Since 2000, Business Record has under- she diligently served her community through Heather on receiving this esteemed designa- taken an exhaustive annual review to identify MANNA and Hadassah, volunteer organiza- tion, thanking those at Business Record for a standout group of young leaders in the tions in Philadelphia. their great work, and wishing each member of Greater Des Moines area who are making an Not only is it important to acknowledge the the 2013 Forty Under 40 class continued suc- impact in their communities and their careers. personal successes and triumphs of Annabelle cess.

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