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

Vol. 159 WASHINGTON, WEDNESDAY, MAY 8, 2013 No. 64 House of Representatives The House met at 9 a.m. and was last day’s proceedings and announces Wednesday, April 24, 2013, the House called to order by the Speaker pro tem- to the House his approval thereof. stands in recess subject to the call of pore (Mr. MEADOWS). Pursuant to clause 1, rule I, the Jour- the Chair. f nal stands approved. Accordingly, (at 9 o’clock and 4 min- f utes a.m.), the House stood in recess DESIGNATION OF THE SPEAKER subject to the call of the Chair. PLEDGE OF ALLEGIANCE PRO TEMPORE f The SPEAKER pro tempore. The The SPEAKER pro tempore laid be- b 1022 fore the House the following commu- Chair will lead the House in the Pledge nication from the Speaker: of Allegiance. JOINT MEETING TO HEAR AN AD- The SPEAKER pro tempore led the DRESS BY HER EXCELLENCY WASHINGTON, DC, Pledge of Allegiance as follows: May 8, 2013. PARK GEUN-HYE, PRESIDENT OF I pledge allegiance to the Flag of the I hereby appoint the Honorable MARK R. THE REPUBLIC OF KOREA United States of America, and to the Repub- MEADOWS to act as Speaker pro tempore on During the recess, the House was this day. lic for which it stands, one nation under God, indivisible, with liberty and justice for all. called to order by the Speaker at 10 JOHN A. BOEHNER, Speaker of the House of Representatives. f o’clock and 22 minutes a.m. The Deputy Sergeant at Arms, Mrs. f ANNOUNCEMENT BY THE SPEAKER Kerri Hanley, announced the Vice PRO TEMPORE PRAYER President and Members of the U.S. The SPEAKER pro tempore. After Senate who entered the Hall of the The Chaplain, the Reverend Patrick consultation among the Speaker and House of Representatives, the Vice J. Conroy, offered the following prayer: the majority and minority leaders, and President taking the chair at the right Almighty God of the universe, we with their consent, the Chair an- of the Speaker, and the Members of the give You thanks for giving us another nounces that, when the two Houses Senate the seats reserved for them. day. meet in joint meeting to hear an ad- The SPEAKER. The joint meeting We pray for the gift of wisdom to all dress by Her Excellency Park Geun- will come to order. with great responsibility in this House hye, President of the Republic of The Chair appoints as members of for the leadership of our Nation. Korea, only the doors immediately op- the committee on the part of the House May all the Members have the vision posite the Speaker and those imme- to escort Her Excellency Park Geun- of a world where respect and under- diately to his left and right will be hye, President of the Republic of standing are the marks of civility, and open. Korea, into the Chamber: honor and integrity are the marks of No one will be allowed on the floor of The gentleman from Virginia (Mr. one’s character. the House who does not have the privi- CANTOR); Send Your blessing today upon our lege of the floor of the House. Due to The gentleman from California (Mr. honored guest, Madam President, the the large attendance that is antici- MCCARTHY); Honorable Park Geun-hye of the Re- pated, the rule regarding the privilege The gentleman from Oregon (Mr. public of Korea. Raise up, O God, of the floor must be strictly enforced. WALDEN); women and men from every nation who Children of Members will not be per- The gentleman from Oklahoma (Mr. will lead toward the paths of peace and mitted on the floor. The cooperation of LANKFORD); whose good judgment will heal the hurt all Members is requested. The gentleman from Texas (Mr. SES- between all peoples. The practice of reserving seats prior SIONS); Bless us this day and every day, and to the joint meeting by placard will The gentleman from California (Mr. may all that is done within these hal- not be allowed. Members may reserve ROYCE); lowed halls be for Your greater honor their seats by physical presence only The gentleman from Michigan (Mr. and glory. following the security sweep of the CAMP); Amen. Chamber. The gentleman from California (Mr. f f MCKEON); The gentlewoman from Florida (Ms. THE JOURNAL RECESS ROS-LEHTINEN); The SPEAKER pro tempore. The The SPEAKER pro tempore. Pursu- The gentleman from Texas (Mr. Chair has examined the Journal of the ant to the order of the House of BRADY);

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

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VerDate Mar 15 2010 04:18 May 09, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.000 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2488 CONGRESSIONAL RECORD — HOUSE May 8, 2013 The gentleman from Ohio (Mr. the Hall of the House of Representa- Along our journey we have been CHABOT); tives and took the seats reserved for aided by great friends, and among them The gentlewoman from Texas (Ms. them in front of the Speaker’s rostrum. the United States is second to none. GRANGER); At 10 o’clock and 36 minutes a.m., America, I thank you for your friend- The gentleman from Washington (Mr. the Sergeant at Arms, the Honorable ship. REICHERT); Paul D. Irving, announced Her Excel- If the past is anything to go by, our The gentleman from Alabama (Mr. lency Park Geun-hye, President of the new journey will also be filled with ex- ROGERS); Republic of Korea. citement. The gentleman from Texas (Mr. POE); The President of the Republic of This year, we honor the 60th anniver- The gentlewoman from California Korea, escorted by the committee of sary of our alliance. And today, I would (Ms. PELOSI); Senators and Representatives, entered like to acknowledge one iconic family The gentleman from Maryland (Mr. the Hall of the House of Representa- that captures those 60 years. HOYER); tives and stood at the Clerk’s desk. It is the family of Lieutenant Colonel The gentleman from South Carolina (Applause, the Members rising.) David Morgan. Colonel Morgan’s grandfather, the (Mr. CLYBURN); The SPEAKER. Members of Con- The gentleman from California (Mr. gress, I have the high privilege and the late Warren Morgan, fought in the Ko- rean War. The senior Morgan was a BECERRA); distinct honor of presenting to you Her commander in the U.S. Naval Reserve. The gentleman from New York (Mr. Excellency Park Geun-hye, President His father, John Morgan, also served CROWLEY); of the Republic of Korea. (Applause, the Members rising.) in the Korean War. He was a battery The gentleman from New York (Mr. commander of the 213th Field Artil- ISRAEL); President PARK. Speaker BOEHNER, Vice President BIDEN, distinguished lery. The gentleman from New York (Mr. Colonel Morgan himself has served ENGEL); Members of the House and the Senate, ladies and gentlemen, two tours in Korea in 1992 and 2005. The gentleman from Virginia (Mr. The Morgan family is a living testi- I am privileged to stand in this MORAN); mony to our 60 years together—three Chamber—this hallowed ground of free- The gentleman from New Jersey (Mr. generations of Americans helping to dom and democracy—to speak about PASCRELL); safeguard Korea. That family is here our friendship and our future together. The gentleman from California (Mr. with us today. After I arrived in Washington the day HONDA); As President of a grateful nation, I The gentleman from Maryland (Mr. before yesterday, I went to the Korean salute the Morgan family and the com- War Memorial near the banks of the VAN HOLLEN); mitment and friendship of the Amer- The gentlewoman from California Potomac. I read the words etched in ican people. (Ms. MATSUI); granite: ‘‘Our nation honors her sons Looking forward, our precious alli- The gentlewoman from California and daughters, who answered the call ance is setting its sights on a better (Ms. CHU); to defend a country they never knew world—a brighter future. Bound by The gentlewoman from Alabama (Ms. and a people they never met.’’ Time trust, guided by shared values, we are SEWELL); and and again, I am moved when I read cooperating across and beyond our own The gentlewoman from New York those familiar words. boundaries. Let me express—on behalf of the peo- (Ms. MENG). Korea has stood by the United States The VICE PRESIDENT. The Presi- ple of the Republic of Korea—our pro- in Iraq and Afghanistan. Together, we dent of the Senate, at the direction of found gratitude to America’s veterans. supported peace-building and recon- that body, appoints the following Sen- Their blood, sweat and tears helped struction in those nations. ators as members of the committee on safeguard freedom and democracy. Following the Washington Con- I also offer my heartfelt appreciation the part of the Senate to escort Her ference in 2010, Seoul hosted the second to four men in particular. They served Excellency Park Geun-hye, President Nuclear Security Summit last year. in that war and now serve in this There we reaffirmed our commitment of the Republic of Korea, into the Chamber. Their names are Congress- to the vision of ‘‘a world without nu- House Chamber: men JOHN CONYERS, CHARLES RANGEL, clear weapons.’’ The Senator from Nevada (Mr. REID); SAM JOHNSON and HOWARD COBLE. A world without nuclear weapons— The Senator from Alaska (Mr. Gentlemen, my country thanks you. President Obama’s vision—must start BEGICH); When the guns fell silent in the sum- on the Korean Peninsula. For the Pe- The Senator from New Jersey (Mr. mer of 1953, Koreans were surviving on ninsula is home to the only divided na- MENENDEZ); $67 a year. Six decades later, Korea is tion-state and directly faces the threat The Senator from Maryland (Mr. one of the top five car producers and of nuclear weapons. It is an ideal test CARDIN); the eighth-largest trading nation. bed for a future free of nuclear arms. If The Senator from Kentucky (Mr. Some call this the ‘‘Miracle on the we can pull it off on the Korean Penin- MCCONNELL); Han River.’’ sula, then we can pull it off anywhere The Senator from Texas (Mr. COR- But for those of us in Korea, it was else. NYN); anything but a miracle. And it wasn’t Korea has been pursuing the peaceful The Senator from Wyoming (Mr. just built from within. Koreans worked use of nuclear energy. It is also firmly BARRASSO); tirelessly in the mines of Germany, in committed to the principle of non- The Senator from Alaska (Ms. MUR- the jungles of Vietnam, and in the proliferation. Korea and the United KOWSKI); and deserts of the Middle East. States are partnering to build reactors The Senator from Tennessee (Mr. These are the people—the proud Ko- in third countries. In this regard, we CORKER). rean people—I am so honored to serve need a modernized, mutually beneficial The Deputy Sergeant at Arms an- as President. successor to our existing civil nuclear nounced the Acting Dean of the Diplo- They are the ones that made Korea agreement. Such an accord will bring matic Corps, His Excellency Hersey what it is today. huge benefits to related industries in Kyota, the Ambassador of the Republic Together, we will write a sequel to both our countries. of Palau. that story: ‘‘A Second Miracle on the Our partnership also extends to de- The Acting Dean of the Diplomatic Han River.’’ velopment assistance. Corps entered the Hall of the House of This time, it will be written with a The United States and Korea send Representatives and took the seat re- revived economy, with a people that the largest numbers of aid volunteers served for him. are happy, with a flourishing culture, abroad. We will work side by side to The Deputy Sergeant at Arms an- and on a pathway to a reunified Penin- help lower-income countries. In 2011, nounced the Cabinet of the President of sula. our aid agencies signed a document the United States. These are the four tenets that guide that facilitates these efforts. And Ko- The Members of the Cabinet of the my government. We also know that we rea’s aid agency will soon be signing President of the United States entered didn’t come this far on our own. another with the U.S. Peace Corps.

VerDate Mar 15 2010 01:32 May 09, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.003 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 8, 2013 CONGRESSIONAL RECORD — HOUSE H2489 In March of last year, the Korea-U.S. At the same time, I will not link hu- Northeast Asia, where we must build a Free Trade Agreement went into effect. manitarian aid provided to the North mechanism of peace and cooperation. The agreement adds an economic pillar Korean people, such as infants and Sadly, today, the nations of this re- to our alliance. It has moved us closer young children, to the political situa- gion fail to fulfill all that we can to a comprehensive strategic alliance. tion. achieve collectively. That potential is We can do even more. If the bill on And with the trust that gradually tremendous. visa quotas for Korean professionals is builds up, through exchange, through The region’s economies are gaining passed in this Congress, both our cooperation, we will cement the ever greater clout and becoming more economies will benefit, for it would grounds for durable peace and, eventu- and more interlinked. Yet differences help create many more jobs. It would ally, peaceful reunification. stemming from history are widening. show our people what the FTA can do But as we say in Korea, it takes two It has been said that those who are for them. hands to clap. Trust is not something blind to the past cannot see the future. I ask Congress for its under- that can be imposed on another. This is obviously a problem for the standing—for its support. The pattern is all too familiar—and here and now. But the larger issue is Our FTA also connects East Asia and badly misguided. North Korea provokes about tomorrow. For where there is North America and provides a key plat- a crisis. The international community failure to acknowledge honestly what form for building a common Asia-Pa- imposes a certain period of sanctions. happened yesterday, there can be no cific market. The agreement also helps Later, it tries to patch things up by of- tomorrow. underpin Washington’s rebalancing to- fering concessions and rewards. Mean- Asia suffers from what I call ‘‘Asia’s ward the region. while, Pyongyang uses that time to ad- paradox’’: the disconnect between Collectively, these developments vance its nuclear capabilities. And un- growing economic interdependence, on paint a forward-leaning alliance. They certainty prevails. the one hand, and backward political, point to a 21st century partnership It is time to put an end to this vi- security cooperation on the other. How that is both comprehensive and stra- cious cycle. we manage this paradox—this will de- Pyongyang is pursuing two goals at tegic. termine the shape of a new order in once—a nuclear arsenal and economic Ladies and gentlemen, Asia. development. We know these are in- That is our present, the foundation Together, we must meet these chal- compatible. You cannot have your cake on which we stand. I now wish to share lenges. And so I propose an initiative and eat it, too. my vision of ‘‘our future together’’—a for peace and cooperation in Northeast The leadership in Pyongyang must future that we will build together as Asia. make no mistake. Security does not partners. We cannot afford to put off a multi- come from nuclear weapons. Security Following our meeting yesterday, lateral dialogue process in Northeast comes when the lives of its people are President Obama and I adopted a joint Asia. Together, the United States and improved. It comes when people are declaration. Building on the extraor- other Northeast Asian partners could free to pursue their happiness. dinary accomplishments of the last 60 North Korea must make the right start with softer issues. These include years, we determined to embark on an- choice. It must walk the path to be- environmental issues and disaster re- other shared journey toward peace on coming a responsible member in the lief. They include nuclear safety and the Korean Peninsula, toward coopera- community of nations. counterterrorism. Trust will be built tion in Northeast Asia, and, finally, to- In order to induce North Korea to through this process. And that trust ward prosperity around the world. make that choice, the international will propel us to expand the horizons of It is my hope that as we make this community must speak with one voice. our cooperation. journey, our partnership will be guided Its message must be clear and con- The initiative will serve the cause of by a three-part vision. sistent. peace and development in the region, The first is to lay the groundwork for Only then will we see real progress in but it will be firmly rooted in the enduring peace on the Korean Penin- inter-Korean relations. Only then will Korea-U.S. alliance. In this sense, it sula and over time for reunification. lasting peace be brought to the Korean could reinforce President Obama’s That future, I know, feels distant Peninsula and Northeast Asia. strategy of rebalancing towards the today. Sixty years ago, a stretch of earth bi- Asia-Pacific. North Korea continues to issue secting the Korean Peninsula was Of course, North Korea could also be threats and provocations firing long- cleared of arms. Today, that demili- invited to join. If we start where our range missiles, staging nuclear tests tarized zone drawn to prevent armed interests overlap, then later on it will that undermine peace on the Peninsula collision is the most militarized place be easier to find common ground on the and far beyond it. on the planet. And the standoff around larger challenges, easier to find solu- The Korean Government is reacting the DMZ has the potential to endanger tions to our mutual benefit. resolutely but calmly. We are main- global peace. I firmly believe that Korea and the taining the highest level of readiness. We must defuse that danger. Not just United States will work hand in hand We are strengthening our cooperation South and North Korea. The world as we shape an emerging process for co- with the U.S. and other international must also get involved. The demili- operation in the region. partners. tarized zone must live up to its name, The third and final leg of our journey Korea’s economy and financial mar- a zone that strengthens the peace, not extends even farther beyond the Penin- kets remain stable. Companies—both undermines it. sula—beyond Northeast Asia to the domestic and foreign—see this, and are It is with this vision in mind that I rest of the world. expanding their investments. hope to work toward an international It is to contribute to happiness—the Korea’s economic fundamentals are park inside the DMZ. It will be a park happiness of Koreans on both halves of strong. Its government is equal to the that sends a message of peace to all of the Peninsula, the happiness of all hu- task. And it is backed by the might of humanity. This could be pursued in manity. This is a vision I also advanced our alliance. So long as this continues, parallel with my trust-building proc- at my inauguration. you may rest assured: no North Korean ess. There, I believe we can start to The ‘‘pursuit of happiness’’ is en- provocation can succeed. grow peace—to grow trust. It would be shrined in the American Declaration of I will remain steadfast in pushing a zone of peace, bringing together not Independence. It also occupies a special forward a process of trust-building on just Koreans separated by a military place in the Korean Constitution. I the Korean Peninsula. I am confident line, but also the citizens of the world. have long believed that our alliance that trust is the path to peace, the I call on America and the global com- should aim far, that it should ulti- path to a Korea that is whole again. munity to join us in seeking the prom- mately seek a happier world. The Republic of Korea will never ac- ise of a new day. Guided by this spirit, we stood side cept a nuclear-armed North Korea. Honorable Members of Congress, by side in the frontiers of peace and Pyongyang’s provocations will be met The second leg of our journey extends freedom. Infused by this spirit, we are decisively. beyond the Korean Peninsula to all of expanding cooperation on global issues,

VerDate Mar 15 2010 01:32 May 09, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.005 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2490 CONGRESSIONAL RECORD — HOUSE May 8, 2013 issues like counterterrorism, nuclear b 1201 ing Families Flexibility Act would put nonproliferation and the global finan- an end to this arbitrary restriction. AFTER RECESS cial crisis. By leveling the playing field and giv- Our efforts will not stop there. To- The recess having expired, the House ing more employees the freedom to gether, we will help spread the uni- was called to order by the Speaker pro control their overtime compensation, versal values of freedom, human rights, tempore (Mr. POE of Texas) at 12 this commonsense proposal will help and the rule of law. We will march to- o’clock and 1 minute p.m. strengthen families and our workforce. gether to take on global challenges— f f from fighting poverty to tackling cli- TRAVEL AND TOURISM mate change and other environmental PRINTING OF PROCEEDINGS HAD issues. DURING RECESS (Mr. CICILLINE asked and was given Members of the House and the Sen- Mr. ROGERS of Alabama. Mr. Speak- permission to address the House for 1 ate, er, I ask unanimous consent that the minute.) Our journey since the Korean war has proceedings had during the recess be Mr. CICILLINE. Mr. Speaker, this been led by a specific mission to re- printed in the RECORD. week is the 30th annual National Trav- spond to threats and provocations from The SPEAKER pro tempore. Is there el and Tourism Week. On Monday, I the north and to defend freedom and objection to the request of the gen- met with travel and tourism leaders in peace on the Korean Peninsula. tleman from Alabama? my State to discuss what we can do at Today, our alliance is called upon to There was no objection. the Federal level of government to strengthen this key sector of our econ- go beyond that—beyond just the de- f fense of freedom and peace. We are omy. called upon to step forward on a new COMMUNICATION FROM THE According to the U.S. Travel Associa- journey—a journey toward a Korea CLERK OF THE HOUSE tion, travel and tourism generated $2 that is at peace, that is happy, and The SPEAKER pro tempore laid be- trillion in economic output in 2012. The that is made whole. fore the House the following commu- industry is also one of America’s larg- Our economic partnership must also nication from the Clerk of the House of est employers, supporting 14.6 million aim higher and reach further into the Representatives: jobs. And this is especially important future. OFFICE OF THE CLERK, for my home State of Rhode Island, President Obama has outlined the HOUSE OF REPRESENTATIVES, where the travel and tourism sector Startup America Initiative. Together, Washington, DC, May 8, 2013. supports more than 40,000 jobs and gen- with my strategy for a creative econ- Hon. JOHN A. BOEHNER, erates $3.5 billion in spending. But we omy, we can advance toward a common Speaker, House of Representatives, need to do more to support the travel Washington, DC. goal—to help channel the innovative industry, as well as the small business DEAR MR. SPEAKER: Pursuant to the per- community that depends on a thriving ideas, the passion, and the drive of our mission granted in Clause 2(h) of Rule II of youths towards a brighter future. the Rules of the U.S. House of Representa- tourism economy. Koreans and Americans are tives, the Clerk received the following mes- I am a cosponsor of the bipartisan partnering in new ways, whether at sage from the Secretary of the Senate on JOLT Act, a bill that would revise ex- world tours of Korean pop stars for May 8, 2013 at 9:27 a.m.: isting visa laws to support the Amer- Hollywood films or at reconstruction That the Senate passed without amend- ican travel and tourism economy while sites in the Middle East. ment H.R. 1071. maintaining essential national secu- With best wishes, I am Together, we can envision a future rity protocols. Sincerely, I look forward to working further that is richer, that is safer, and that is KAREN L. HAAS. happier. with my colleagues to highlight the Our chorus of freedom and peace, of f importance of our travel and tourism future and hope, has not ceased to reso- ANNOUNCEMENT BY THE SPEAKER economy in a way that will put men nate over the last 60 years and will not PRO TEMPORE and women back to work in Rhode Is- land and across our country. cease to go on. The SPEAKER pro tempore. The f Thank you very much. Chair will entertain up to 15 requests (Applause, the Members rising.) for 1-minute speeches on each side of KEYSTONE XL PIPELINE At 11 o’clock and 15 minutes a.m., the aisle. Her Excellency Park Geun-hye, Presi- (Mr. DENHAM asked and was given dent of the Republic of Korea, accom- f permission to address the House for 1 panied by the committee of escort, re- minute and to revise and extend his re- WORKING FAMILIES FLEXIBILITY marks.) tired from the Hall of the House of ACT Representatives. Mr. DENHAM. As chair of the Sub- (Mrs. BLACK asked and was given The Deputy Sergeant at Arms es- committee on Railroads, Pipelines and permission to address the House for 1 corted the invited guests from the Hazardous Materials, tomorrow the full minute and to revise and extend her re- Chamber in the following order: Transportation Committee will be tak- marks.) The Members of the President’s Cabi- ing up legislation which represents a Mrs. BLACK. Mr. Speaker, as a net; significant opportunity to create mother who has worked for many years The Acting Dean of the Diplomatic American jobs and spur economic outside of the house raising our three Corps. growth in our country. children, I know firsthand about the Quite simply, the Northern Route f challenges of trying to balance work Approval Act will end years of bureau- with family life. That is why I’m a cratic delays and finally allow con- JOINT MEETING DISSOLVED proud cosponsor of the Working Fami- struction to the Keystone XL pipeline The SPEAKER. The purpose of the lies Flexibility Act, which would give project. The delay alone over the last 4 joint meeting having been completed, more time to workers, the freedom to years has blocked 120,000 American the Chair declares the joint meeting of decide how to use their time. For some jobs. The delays have to stop. This has the two Houses now dissolved. people, this may mean taking a sick bipartisan support. It is time to stop Accordingly, (at 11 o’clock and 16 child to the doctor or attending their the delays. In my home State of Cali- minutes a.m.) the joint meeting of the daughter’s ballet recital or caring for fornia, we have not only seen huge sky- two Houses was dissolved. an aging parent. rocketing gas prices, but we continue The Members of the Senate retired to Currently, an outdated law prohibits to see high unemployment and rolling their Chamber. private sector employers from even of- blackouts. The SPEAKER. The House will con- fering their employees the option to I’m part of the House Energy Action tinue in recess subject to the call of choose paid time off as compensation Team, and it is time to make sure that the Chair. for overtime hours worked. The Work- we have energy independence, lower

VerDate Mar 15 2010 01:32 May 09, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.006 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 8, 2013 CONGRESSIONAL RECORD — HOUSE H2491 gas prices and energy prices, and create Ms. WILSON of Florida. It has now High School in Sacramento won the American jobs. It’s time to stop the been 857 days since I arrived in Con- National Science Bowl for the third delays of the Keystone XL pipeline. gress, and the Republican leadership time since 2009. Hosted by the U.S. De- f has still not allowed a single vote on partment of Energy, the Science Bowl serious legislation to address our un- was created to encourage students to WORKING FAMILIES FLEXIBILITY employment crisis. enter science and mathematics careers. ACT The nightmare of joblessness is de- I want to congratulate these talented (Mr. KILDEE asked and was given stroying the American Dream. and hardworking students from my permission to address the House for 1 When I was graduating from college, home district. They represent Amer- minute.) my American Dream was owning a ica’s future. They are our country’s Mr. KILDEE. Mr. Speaker, today home and starting a family, while, for next generation of innovators. We must we’re considering the Republican’s lat- the class of 2013, the American Dream continue to inspire our students to est attack on workers’ rights. Repub- means just having a job—any job—to excel in fields like science and math. licans are calling this bill the Working make ends meet. By eliminating public We need to make science cool. Families Flexibility Act, but a more sector jobs during a time of high unem- To Jack Gurev, Daniel Shen, appropriate name would be the More ployment, the sequester is killing the Siddharth Trehan, and Saaket Work, Less Pay Act. This bill is bad for American Dream. It’s up to us to can- Agrawal, you guys make us proud. middle class families and would make cel the sequester and ensure that And, Coach James Hill, keep inspir- life worse for workers. America is again a land of opportunity. ing the next generation to go into It would essentially end the 40-hour Mr. Speaker, let’s bring H.R. 900, the science and math. It’s cool. workweek by permitting employers to Cancel the Sequester Act, to the floor not pay overtime to workers who ex- for a vote to end this shame. Our f ceed 40 hours per week. Instead, it mantra should be jobs, jobs, jobs. OBAMA’S VISIT TO TEXAS SHOULD would allow employers to hold earned f FOCUS ON ENERGY comp time in their control. It would (Mr. WEBER of Texas asked and was allow employers to refuse the right of AMERICAN AND SOUTH KOREAN ALLIANCE given permission to address the House workers to take time off to help a fam- for 1 minute and to revise and extend (Mr. GARRETT asked and was given ily member in need or attend a parent- his remarks.) permission to address the House for 1 teacher conference. That’s wrong, Mr. Mr. WEBER of Texas. Tomorrow, the minute.) Speaker. President of the United States will be Productivity of our Nation’s workers Mr. GARRETT. I rise to speak about traveling to the great State of Texas to is at an all-time high, yet again we see the strong relationship between the talk jobs. I am proud that the Presi- efforts to whittle down the rights of United States and South Korea, one of dent recognizes Texas as a leading job- hardworking families. our most important relationships, for Instead of focusing on attacking South Korea is one of America’s closest producing State and that he under- workers, maybe we should focus on cre- allies in Asia and, indeed, in the entire stands what it is to create jobs and re- ating good-paying jobs. That’s what world. Since the Korean war in the tain a robust economy. our constituents want. That’s what 1950s, the U.S. and South Korea have Mr. Speaker, on Monday, The Wall Americans want. stood side by side in the name of de- Street Journal had an interesting arti- cle—it’s on my chart up here—about f mocracy and liberty and to face down the forces of tyranny and oppression the energy boom in Texas. It stated REINING IN REGULATION TO HELP and dictatorship from North Korea and that Texas produces as much oil as the JOBS RECOVER the broader world. next four oil-producing States com- (Mr. GOODLATTE asked and was All you need to do is to compare bined. The Lone Star State now pumps given permission to address the House North and South Korea to understand nearly 2 million barrels a day. for 1 minute and to revise and extend how successful South Korea has been Now, the President’s tour only has his remarks.) and how much of a failure the Kim re- one stop in Texas, south of Austin, Mr. GOODLATTE. Mr. Speaker, gime in the North has been. which is unfortunate. I would like to America’s workers and families are in South Korea is the world’s 15th-larg- invite the President to come to my en- a jobs depression. Since 2009, 9.5 mil- est economy and Asia’s fourth-largest. ergy-rich district along the Texas gulf lion people have dropped out of the Companies like Samsung, Kia, and LG coast and see what job creation really workforce. America’s workforce par- are major, globally known brands, looks like. If the President wants to ticipation rate is the lowest since while Seoul ranks as one of the great create jobs, there is a project—the Key- Jimmy Carter was President. Millions cities of the world. South Korea is a vi- stone pipeline to be exact—that has looking for full-time work can find brant, open society with an equally vi- been waiting 1,692 days to do just that. only part-time jobs. brant and open political system. I encourage and welcome President Overreaching Federal regulation is a Now take North Korea. North Korea Obama to come to my district so he big reason for this jobs disaster. The is a kleptocratic, vicious dictatorship can talk with local business leaders Obama administration’s onslaught of that tramples on the most basic rights who want the Keystone pipeline. new major regulation is unprecedented. of its citizens, all in the name of glori- That’s the way it is from where I sit. Every day, Federal agencies erect more fying the Kim family and its cadre of I’m RANDY WEBER. roadblocks to economic growth and a jack-booted thugs. There is no freedom f jobs recovery. of choice, no freedom of religion, and The House Judiciary Committee is THE CAMARILLO SPRINGS WILD- no freedom to dissent from the line of working hard to provide relief. It FIRE AND THE HEROISM OF THE the Kim regime. For the average North passed the REINS Act last month and FIRST RESPONDERS Korean, there is only poverty, des- is at work on other groundbreaking potism, and no hope as the regime (Ms. BROWNLEY of California asked legislation to reduce unneeded regula- squanders its resources on its bloated and was given permission to address tion. This legislation is critical to the military and dangerous nuclear pro- the House for 1 minute.) growth and recovery America needs, gram. Ms. BROWNLEY of California. Last and the Judiciary Committee will do week, Ventura County endured one of f all it can to achieve it. the largest wildfires in our county’s f THE MIRA LOMA SCIENCE BOWL history. The Camarillo Springs wildfire WIN b 1210 burned over 28,000 acres, damaging (Mr. BERA of California asked and some homes and buildings and threat- CANCEL THE SEQUESTER ACT was given permission to address the ening many neighborhoods in Ventura (Ms. WILSON of Florida asked and House for 1 minute.) County. was given permission to address the Mr. BERA of California. Mr. Speaker, I rise today to thank more than 1,800 House for 1 minute.) last week, a team from Mira Loma firefighters and first responders who

VerDate Mar 15 2010 01:32 May 09, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.009 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2492 CONGRESSIONAL RECORD — HOUSE May 8, 2013 worked around the clock to control the overtime to pay their rent, their gro- pact of Recovery Act investments in blaze and who, in so doing, saved every cery bills, their heating and water the smart grid. The report found that single life and prevented the poten- bills. They can’t afford to wait a year for every million dollars of direct tially massive destruction of personal for pay that they have rightfully spending on smart grid, the Nation’s property. Despite high heat, dry tem- earned. GDP increased by $2.5 million. In addi- peratures, and very windy conditions, Mr. Speaker, this is not a worker or tion, a wide variety of industrial sec- firefighters in Ventura County joined a family friendly bill, as some of my tors have benefited from these smart others from throughout the State to colleagues are leading this body to be- grid investments. successfully contain the fire quickly lieve. Rather, it is a blatant attempt to Mr. Speaker, climate change is a real and without any loss of life. dismantle the Fair Labor Standards threat to our way of life, and there’s no I am so proud of our first responders Act and roll back workers’ rights 100 time to waste. Fortunately, if we take and of our brave firefighters. All of years. I urge my colleagues to vote action now, we can cut pollution while Ventura County is so very grateful for ‘‘no’’ on this bill. We should be growing our economy. their heroic dedication to our contin- strengthening the fair labor laws and f ued safety. standards for working men and women, THE IMPACT OF OBAMACARE f not destroying them. f (Mr. ROGERS of Alabama asked and WORKING FAMILIES FLEXIBILITY was given permission to address the ACT b 1220 House for 1 minute and to revise and (Mr. HALL asked and was given per- FULL FAITH AND CREDIT ACT extend his remarks.) mission to address the House for 1 (Mr. MCCLINTOCK asked and was Mr. ROGERS of Alabama. Mr. Speak- minute.) given permission to address the House er, this past week, I was back in my Mr. HALL. Mr. Speaker, we will be for 1 minute.) district, like the other Members were, voting on the House floor for the Work- Mr. MCCLINTOCK. Mr. Speaker, yes- talking with folks about how Wash- ing Families Flexibility Act. This leg- terday, the President vowed to veto the ington is affecting their families. One islation will allow private sector em- Full Faith and Credit Act, charging of the biggest concerns I heard was how ployers to empower their workforce by that it would ‘‘result in Congress refus- ObamaCare could impact their lives. allowing them to choose compensation ing to pay obligations it has already It turns out the health care law in the form of paid time off or in cash agreed to.’’ seems to be anything but affordable wages. I challenge the President to name and more of a problem than a solution. Now let me tell you a story about one Member of Congress who has ever For example, since it was signed into Karen and her family. suggested that this is an acceptable law in 2010, the administration hasn’t Karen works hour after hour to meet substitute for not paying our other been completely transparent about the the family needs, to make ends meet, bills. His reliance on this falsehood is a new health care exchanges. The ex- and to provide for her two children. measure of the bankruptcy of his argu- changes are just over 6 months from Sometimes there just does not seem to ment. implementation, and we still know be enough hours in the day. When Delaying payments on our other obli- very little about how they will operate. school starts up, she can never have gations would do enormous damage. There’s also the impact the law could enough hours with Matt and Sarah to But one thing could do even more dam- have on jobs. The CBO estimates support them in their extracurricular age, and that is the threat of default- ObamaCare will become a $1 trillion activities. Instead of being able to use ing on our sovereign debt. H.R. 807 tax hike. These tax hikes could hurt her overtime for time instead of wages, takes that threat off the table and small businesses across Alabama and she has to take time off without pay. assures credit markets that their in- across the country as employers cut Federal law mandates that Karen take vestments in the United States are ab- hours to avoid covering employees’ money when what she really values is solutely guaranteed, no matter what health care. In fact, according to a time with the family. political storms are raging in Wash- study by the Hudson Institute, over Folks, the key word when discussing ington. 54,000 jobs in Alabama related to the this bill is ‘‘choice.’’ This is not a man- One would think that a President hospitality, restaurant, and leisure in- date on our job creators. Let me repeat who has run up more debt than almost dustries are at risk because of the that: this is not a mandate. This is a all of his predecessors combined would health care law. step toward letting hardworking Amer- understand the importance of guaran- I voted against this bill because of icans decide what is best for them and teeing the credit that supports that these concerns and more, and I also getting government out of their lives. debt. voted to repeal it time and time again. f f It’s looking like a train wreck of a law, and we need to stop it. WORKING FAMILIES FLEXIBILITY INVEST IN SUSTAINABLE ENERGY f ACT TECHNOLOGIES NATIONAL TEACHER (Mr. PAYNE asked and was given (Mr. MCNERNEY asked and was permission to address the House for 1 given permission to address the House APPRECIATION WEEK minute.) for 1 minute and to revise and extend (Mr. SIRES asked and was given per- Mr. PAYNE. Mr. Speaker, I rise his remarks.) mission to address the House for 1 today in strong opposition to the so- Mr. MCNERNEY. Mr. Speaker, I rise minute.) called Working Families Flexibility today on behalf of the Safe Climate Mr. SIRES. Mr. Speaker, I rise today Act. Mr. Speaker, this is a wolf in Caucus to highlight the fact that in- in recognition of our teachers during sheep’s clothing—a guise to pressure vesting in sustainable energy tech- National Teacher Appreciation Week. employees to work more and get paid nologies won’t only move the Nation Across the country, we trust teachers less. towards a clean energy future, but it with our most valuable resource: our H.R. 1406, which I like to call ‘‘Pay- will also grow our economy. children. ing Working Families Less Act,’’ cuts In order to prevent the worst impacts Our teachers serve as role models and overtime pay and eliminates all flexi- of climate change, we must transition mentors to our kids, helping them to bility. Rather than pay overtime when to lower carbon energy systems. Mak- reach their potential; and in New Jer- the work is performed, this bill pro- ing the necessary investments in the sey, we have among the most talented vides that the employers have up to a Nation’s smart grid is one way to fa- teachers in the country. year to pay an employee his overtime, cilitate this transition. Smart grid in- It was because of the mentorship of essentially providing employers unau- vestments are already producing real my teachers in high school that I ap- thorized, interest-free loans. This bill economic benefits. plied for college and eventually became will hurt working class families and The Department of Energy recently a teacher myself, and it is because of wage workers who depend on their released a report on the economic im- my experience in the classroom that I

VerDate Mar 15 2010 01:47 May 09, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.011 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 8, 2013 CONGRESSIONAL RECORD — HOUSE H2493 understand the challenges of our edu- time pay. This legislation makes it less native funding sources. In this case, cators today. expensive for employees to work over- the New York Power Authority, the While we ask our teachers to prepare time, encouraging employers to de- body responsible for the creation of the our children to meet the challenges of mand more overtime, leading to more parkway and the current owner of its the 21st century, we must also give work and less pay. infrastructure, has the responsibility them the tools to rise to these chal- Instead, we should be voting on prior- and the capacity to fund its removal. lenges. Competitive salaries and finan- ities for working families like equal Mr. Speaker, we cannot let the New cial resources must be provided so that pay for all, raising the minimum wage, York Power Authority off the hook on they can recruit the very best teachers and giving hardworking Americans this historic wrong. By holding them in science, technology, engineering, true flexibility. Unfortunately, the ma- to this obligation, we free up State and math, and the arts. jority just does not understand the Federal resources for additional While we honor our teachers this needs of working Americans. projects in Niagara Falls, maximizing week, let’s not forget the services they Today, I will be voting ‘‘no’’ on H.R. the impact of our investment. It’s time do for our children every day. Let us 1406 because I will defend hardworking for Niagara Falls to have the water- join together in recognizing teachers moms like my mom and others who front it deserves. across this country. rely often on overtime pay to make f f ends meet. WORKING FAMILIES FLEXIBILITY I urge my colleagues to stand up for WORKING FAMILIES FLEXIBILITY ACT working families. Vote ‘‘no’’ on H.R. ACT (Mr. YODER asked and was given 1406 and give working moms what they permission to address the House for 1 (Mr. PITTENGER asked and was deserve this Mother’s Day, which is minute and to revise and extend his re- given permission to address the House equal pay for equal work. for 1 minute and to revise and extend marks.) f his remarks.) Mr. YODER. Mr. Speaker, in our re- Mr. PITTENGER. Mr. Speaker, as a THE IMMIGRATION BILL covering economy today, we have father and a grandfather, I am fully THREATENS PUBLIC SAFETY many families that have two working aware of the responsibilities and chal- parents, each juggling their careers, (Mr. SMITH of Texas asked and was coordinating children at school and ex- lenge of balancing a vocation and job given permission to address the House responsibilities with taking care of the tracurricular activities, parent-teacher for 1 minute and to revise and extend meetings, and other work obligations. needs of my family. Mr. Speaker, that his remarks.) challenge is even greater today for For so many Americans, balancing Mr. SMITH of Texas. Mr. Speaker, these important demands of family and American hardworking families who the Center for Immigration Studies has work proves to be extremely difficult have to address the needs of their analyzed the Senate immigration bill and oftentimes exhausting. young children or perhaps aging par- and found it threatens public safety. That is why I rise today in support of ents who live nearby. For example: giving private sector employees the For almost 30 years, we have allowed The bill allows the legalization of il- same flexibility and choice to balance this flexibility and option for those legal immigrants who have been con- their careers and home lives that pub- who work for the government to have victed of three misdemeanors, includ- lic sector employees have enjoyed for the choice between taking comp pay or ing multiple offenses for drunk driving, the past 30 years. taking additional pay for additional vehicular homicide, domestic violence, The Working Families Flexibility work that they have to perform. certain sex offenses, and identity theft; Act simply gives employees a choice Wouldn’t it be great if we would do the It requires immigration agencies to that already exists for public employ- same thing for those who are in the ignore convictions under State laws for ees; and if passed, this commonsense private sector? For some reason, we immigrant smuggling and human traf- legislation would correct an outdated haven’t allowed that. ficking; Federal law and help give all employ- Today, Mr. Speaker, I’m supporting It waives criminal offenses for any- ees more options to take care of family the Working Families Flexibility Act. one under 18, even if the offender was obligations. We need to pass this today in the tried as an adult; and Mr. Speaker, during our continued United States Congress to give the Anyone simply claiming eligibility economic recovery, at a time when it is same privileges, rights, and options to for any legalization program may not difficult for Americans to see Wash- those in the private sector as we allow be detained and need not show proof of ington come together and pass bipar- in the public sector. eligibility. tisan, positive solutions, let’s show f So the Senate bill threatens Amer- them that we understand times are dif- THE SO-CALLED WORKING ican safety, which is another reason it ficult for many and pass the Working FAMILIES FLEXIBILITY ACT should be opposed. Families Flexibility Act of 2013. (Mr. SWALWELL of California asked f f and was given permission to address b 1230 HONORING BROTHERHOOD OF LO- the House for 1 minute and to revise COMOTIVE ENGINEERS AND and extend his remarks.) GIVING NIAGARA FALLS THE TRAINMEN WATERFRONT IT DESERVES Mr. SWALWELL of California. Today (Mr. WALZ asked and was given per- is just a few days before Mother’s Day, (Mr. HIGGINS asked and was given mission to address the House for 1 and the House Republican leadership permission to address the House for 1 minute and to revise and extend his re- has this House considering the so- minute.) marks.) called Working Families Flexibility Mr. HIGGINS. Mr. Speaker, this Mr. WALZ. Mr. Speaker, I rise today Act on the floor. week’s announcement that New York to honor the 150th anniversary of the This bill is no Mother’s Day bouquet, State is committing to take action on Brotherhood of Locomotive Engineers but instead it amounts to a bunch of removing the Robert Moses Parkway in and Trainmen, North America’s oldest dead flowers. It denies working moth- Niagara Falls is welcome news for rail labor union. Since its founding on ers—like my mother, who still works western New York. Niagara Falls is a May 8, 1863, the BLET has always today as a secretary and is a part of national treasure, drawing millions of played a critical role in the transpor- our middle class—and other hard- visitors each year, yet the parkway has tation of people and goods throughout working Americans the flexibility they created a physical and economic bar- our Nation. need. This bill only gives flexibility to rier between Niagara Falls and its ex- As America expanded westward, loco- employers. traordinary waterfront. motive engineers and trainmen led the Under this misguided legislation, em- With Federal infrastructure dollars way. Our men and women on the rail- ployers would have the flexibility to already stretched thin, we must take roads connected two oceans and opened substitute compensation time for over- every opportunity to look at alter- up the new frontier.

VerDate Mar 15 2010 01:47 May 09, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.013 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2494 CONGRESSIONAL RECORD — HOUSE May 8, 2013 Today, U.S. railroads transport 2.5 FAA. We need Republicans to come to currently preventing our institutions trillion metric tons a year. As we ex- the table for the benefit of the people. of higher education from promoting af- pand into new technology and high- Wouldn’t it be great if we could fi- fordable, State-based alternatives. speed rail, locomotive engineers will nally repeal sequestration? These types of loans are zero interest continue to propel the American econ- f and can be fully forgiven if a student omy forward. does well in school. Importantly, this GROWING JOBS IN AMERICA The Brotherhood of Locomotive En- legislation will not cost Federal, State, gineers and Trainmen now counts (Mr. SESSIONS asked and was given or local governments a single dime. permission to address the House for 1 55,000 active and retired members f among its ranks. These are the men minute.) and women who work around the clock Mr. SESSIONS. Mr. Speaker, just a SUPPORT UNEMPLOYMENT to literally make the trains run on few hours ago we had an opportunity to BENEFITS time. welcome the President of South Korea (Ms. KAPTUR asked and was given In recognition of the 150th anniver- to this great body to listen to her permission to address the House for 1 sary of the Brotherhood, I ask my col- words about how America, through not minute and to revise and extend her re- leagues to join me in passing a resolu- only our foreign policy but also with marks.) tion to honor them for their contribu- our United States military, helped Ms. KAPTUR. Mr. Speaker, it has tions in growing this great Nation. South Korea to overcome the forces of now been more than 2 months since f Communism from the north and from mindless sequestration across-the- China. board cuts were enacted, crippling so WORKING FAMILIES FLEXIBILITY We heard the President speak about ACT many important services and benefits the economic growth and vitality of that Americans rely on, such as Social (Mrs. WAGNER asked and was given her people, of the Korean people who Security processing at Social Security permission to address the House for 1 want more and better friendship with offices around this country. minute.) America. But the underlying theme Well, there’s another very important Mrs. WAGNER. Mr. Speaker, I rise was economic freedom—freedom for earned benefit that’s being cut—unem- today to make life work a little easier her people, freedom for people to make ployment benefits. Republicans keep for moms and dads in the St. Louis re- their own decisions. This is consistent rewarding the superrich while cutting gion. I rise today on behalf of every with the message that we heard from unemployment benefits. When you cut parent who wished they had more time the last head of a foreign government benefits, you not only hurt men and to spend with their children or more speaker we had, from Mexico, who women who are looking for work, you time to care for a parent or a loved spoke about how Mexico is going to actually hurt economic recovery. one. I rise today to level the playing aim for GDP growth of 6 percent. Fact: unemployment checks pump field for all private sector employees so Mr. Speaker, it is time that we here money back into local communities, they receive the same flexibility public in America catch on to what our allies helping the economy to recover. Where sector employees have enjoyed for are doing all across the globe, and that does the money go? Groceries, gasoline, nearly 30 years. is seeking economic freedom, economic school clothing, rent payments, basics. That is why I cosponsored the Work- growth, and jobs for all of their people. The U.S. Department of Labor, dur- ing Families Flexibility Act of 2013, We should be doing the same thing in ing the Bush administration, found which allows employees the choice, this country. Mr. Speaker, that’s why that every dollar spent on unemploy- voluntary choice, of paid time off or the Republican Party is trying to grow ment benefits pumped $2 back in to the comp time in lieu of cash wages for jobs and make sure life is better for local economy. It’s a good deal. There- overtime. The Working Families Flexi- Americans now. fore, sequestration cuts in unemploy- bility Act is commonsense legislation f ment compensation inflict pain not that will help balance the needs of fam- STUDENT AID EXPANSION ACT only on jobless families, but also harms ily life and the workplace, and I urge economic growth in a major way. (Mr. CASTRO of Texas asked and was my colleagues to support this measure I call on my Republican colleagues to given permission to address the House and make life work a little easier for come to the table, compromise, reverse for 1 minute and to revise and extend all Americans. the mindless sequester that is cutting his remarks.) f unemployment benefits. Let’s cele- Mr. CASTRO of Texas. Mr. Speaker, brate Mother’s Day by paying workers REPEAL SEQUESTRATION over the last 4 months, I have been their full earned benefits, not imposing (Ms. HANABUSA asked and was proud to work towards building out more worry on the unemployed among given permission to address the House what I have called the Infrastructure of America’s working families. for 1 minute.) Opportunity for our Nation. Recently, I Ms. HANABUSA. Mr. Speaker, we’ve had the opportunity to file legislation f heard the words ‘‘sequestration’’ and to reinforce one of the major corner- b 1240 ‘‘sequester’’ so often they’ve now be- stones of that infrastructure: access to come household terms. But when the colleges and universities. WORKING FAMILIES FLEXIBILITY Budget Control Act of 2011 became law, A few weeks ago, I filed the Student ACT no one intended that sequestration Aid Expansion Act of 2013 that will pro- (Mr. GALLEGO asked and was given would take place. In fact, everyone vide higher education students in- permission to address the House for 1 thought it would be so devastating creased access to affordable financial minute and to revise and extend his re- that neither political party would let it aid. As we’ve all witnessed across our marks.) stand. Well, Mr. Speaker, it stands. districts, the cost of tuition continues Mr. GALLEGO. Mr. Speaker, today I At every opportunity to repeal se- to rise. In Texas, for example, tuition rise to speak against H.R. 1406, mis- questration, it has not happened. Yet and fees at public institutions have in- named the Working Families Flexi- we know Congress can act to address creased over 90 percent since 2003. bility Act. the impacts if it hits the front page of Meanwhile, students and families are Feeding a family, paying our bills, the paper. Our Republican colleagues left looking for ways to keep their and making sure that our kids have did so for the FAA. But it is now time higher education affordable. Over the what they need, for most of us, those for us to ask: What about the chil- last 10 years, we have seen students are the core things that we worry dren’s Head Start program? What rely more heavily on loans to finance about each month, and they all involve about FEMA for the victims of Hurri- their education. Fifty-two percent of money. cane Sandy? What about nutrition for direct student aid now comes in the However, H.R. 1406, which would be women and children, also called WIC? form of loans. more appropriately named the Working We need to compromise on these and The Student Aid Expansion Act of Families Get Less Act, does nothing other major programs, just like for the 2013 would remove barriers that are for those working families who are

VerDate Mar 15 2010 01:47 May 09, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.014 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 8, 2013 CONGRESSIONAL RECORD — HOUSE H2495 struggling to make ends meet. The bill have 5 legislative days to revise and ex- that we bring before the Rules Com- fails to recognize that people usually tend their remarks. mittee, a demand to increase spending work overtime because they need the The SPEAKER pro tempore. Is there and increase taxes. money. objection to the request of the gen- Our Nation does not have a taxing The legislation essentially ends over- tleman from Texas? problem. It has a spending problem; time pay by allowing an employer to There was no objection. and until we enact meaningful reforms, give time off instead. Supporters say it Mr. SESSIONS. House Resolution 202 we will not improve our dire financial gives working mothers more flexibility provides for a structured rule for con- dilemma and the circumstances that because they would have the option of sideration of H.R. 807. This rule pro- come with trying to manage a problem spending their time at home—that’s vides for discussion opportunities for instead of a growth opportunity to the flexibility. Members of the minority and the ma- make our country stronger. But no matter how you slice it, you jority to participate in this debate. Today, the American economy is cannot feed a family with time off. Today, Mr. Speaker, we have an op- struggling and has been struggling now Every hour of work matters to a fam- portunity to guarantee the full faith in our fifth year to regain momentum ily’s bottom line. It’s a factor in food and credit of the United States for gen- and is burdened by massive amounts of and clothing and keeping a roof over erations to come by ensuring that our Federal spending and Federal debt. Al- your head. Nation will never default on our debt lowing our Nation to default would se- So I urge a ‘‘no’’ vote on this bill obligations. verely hinder what little growth there that takes the money out of the pock- Functionally, H.R. 807, the Full is, potentially causing the U.S. to slip ets of working women and families in Faith and Credit Act of 2013, ensures back into another recession and risk Texas and across the country. that the Treasury Department will another downgrading of our credit rat- f continue to make payments on the ing. principal and interest of our debt, in- For these reasons, default is unac- PROVIDING FOR CONSIDERATION cluding debt held by the Social Secu- ceptable; and that is why House Repub- OF H.R. 807, FULL FAITH AND rity trust fund, in the event that the licans, we think weeks, perhaps CREDIT ACT statutory debt limit is reached. Requir- months ahead of trying to finally ad- Mr. SESSIONS. Mr. Speaker, by di- ing the Treasury to make good on its dress this issue, we think it’s time that rection of the Committee on Rules, I obligations to the Social Security trust our ideas are on the floor of the House call up House Resolution 202 and ask fund will ensure that those funds are of Representatives, talking openly, not for its immediate consideration. available to honor our commitment to just among ourselves and with the ad- The Clerk read the resolution, as fol- seniors and disabled Americans. ministration, but also the American lows: Moreover, H.R. 807 provides certainty people. And that is the purpose of us being here today. H. RES. 202 to investors, small businesses, retirees, House Republicans are willing to Resolved, That upon the adoption of this pension beneficiaries, and inter- work with our colleagues in the Sen- resolution it shall be in order to consider in national markets that we will never the House the bill (H.R. 807) to require that negatively impact our economy by al- ate, as well, and also at the White the Government prioritize all obligations on lowing this Nation to default on its House; and we’d like to find a com- the debt held by the public in the event that debts. promise that would raise the debt the debt limit is reached. All points of order In the larger sense, it is our oppor- limit, while simultaneously enacting against consideration of the bill are waived. meaningful legislation that will fix our The amendment in the nature of a substitute tunity to engage, in a public forum, the Treasury Department and the adminis- Nation’s broken tax system. recommended by the Committee on Ways We need to create jobs through job tration on what we believe is the right and Means now printed in the bill shall be enrichment, through a Tax Code that is considered as adopted. The bill, as amended, way to engage in discussions about how vibrant and does not harm job cre- shall be considered as read. All points of we will move forward in uncharted ter- ation, that does not do things that order against provisions in the bill, as ritories as it’s dealing with the finan- would cause people to want to not in- amended, are waived. The previous question cial difficulties of our country. shall be considered as ordered on the bill, as However, today’s debate is sympto- vest in this country because of taxes amended, and on any further amendment that are out of control and spending thereto, to final passage without intervening matic of the larger problem. For far too long, our Federal Government has that harms their business. motion except: (1) one hour of debate equally So we want to rein in our out-of-con- spent too much money and borrowed divided and controlled by the chair and rank- trol spending and reform our bal- too much. We have spent money and ing minority member of the Committee on looning entitlement programs to pre- Ways and Means; (2) the further amendment not listened to the American people, serve them for generations to come. It printed in the report of the Committee on nor looked ahead at the consequences Rules accompanying this resolution, if of- should be our responsibility. of spending too much, saving too little, We, as Members of Congress, were fered by Representative Camp of Michigan or and not creating jobs that will help to his designee, which shall be in order without elected by the people, and we should be intervention of any point of order, shall be sustain the American Dream, the next able to come and face tough issues with considered as read, shall be separately debat- generation, and the systems which we good answers. We should not try and able for 10 minutes equally divided and con- hold so dear to the American system. scare people back home. We should be trolled by the proponent and an opponent, House Republicans however, today, able to tell the truth about the legisla- and shall not be subject to a demand for divi- come to the floor, under the leadership tion, and we need to be honest about sion of the question; and (3) one motion to of our great Ways and Means Chair- recommit with or without instructions. the circumstances of the pathway that man, DAVE CAMP, and some ideas that we remain on because of our Presi- The SPEAKER pro tempore. The gen- have come from Congressman TOM dent’s and the Democrats’ agenda. tleman from Texas is recognized for 1 MCCLINTOCK of California, and we are So, unfortunately, President Obama hour. working on ideas with commonsense has already stated that he is unwilling Mr. SESSIONS. Mr. Speaker, for the solutions to cut wasteful spending, re- to negotiate with the House or the Sen- purpose of debate only, I yield the cus- form entitlement programs, and bal- ate over the debt limit. tomary 30 minutes to the ranking ance the budget in a way that furthers member of the Committee on Rules, our country, strengthens what we do, b 1250 the gentlewoman from New York, my and makes sure we are ready for to- It is this President when he was a friend (Ms. SLAUGHTER), pending which morrow. Senator who voted repeatedly against a I yield myself such time as I may con- Yet at almost every turn, including debt limit increase, called it irrespon- sume. During consideration of this res- yesterday, up in the Rules Committee sible and a lack of leadership; and yet olution, all time yielded is for the pur- upstairs, our colleagues on the other today he says just give him all the pose of debate only. side of the aisle have opposed pro- power, he’ll take care of this himself. GENERAL LEAVE growth agendas and pushed for higher As such, the bill before us today is a Mr. SESSIONS. Mr. Speaker, I ask taxes and more spending. It happens al- necessary and prudent safety net de- unanimous consent that all Members most every single day, every single bill signed to avoid economic calamity

VerDate Mar 15 2010 01:47 May 09, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.016 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2496 CONGRESSIONAL RECORD — HOUSE May 8, 2013 should we reach the debt limit and not posal and a debate that puts us on the tual payments, and so forth in order to pay have resolved that between the House, road to default. They do so even as The off Treasury bondholders? That would be a the Senate, and the President. Washington Post reports this morning political catastrophe. I applaud Congressman TOM MCCLIN- that the economy is improving, reve- It should be clear by now that the act TOCK, my dear friend from California, nues are up and spending is down, of even bringing a bill such as this to and our great young chairman from which undermines the stream of doom the floor for debate can scare investors Michigan, DAVE CAMP, chairman of the that we hear. But today the irrespon- and endanger our economy. This type Ways and Means Committee. Each of sible actions of the majority are, once of economic brinksmanship is ex- them brings their work product to the again, needlessly encouraging the eco- tremely dangerous. The majority’s floor today, as well as many of our nomic recovery. games are compounded by their other colleagues such as my Rules Let me be clear: the legislation does uninterest in repealing the sequester. Committee member, the young man not raise the debt ceiling, which is the As we speak, the sequester is pre- from Orlando, Florida, DAN WEBSTER, only way to take away the threat of venting thousands of cancer patients who brought forth ideas that would default; but, instead, the bill guaran- from receiving lifesaving treatment help shape not only the legislation that tees that when we hit the debt ceiling, and keeping thousands more children we have today, but the desire of the our foreign creditors and the Social Se- from receiving the education—I think Republican conference to make sure curity trust fund will be paid in full 70,000 is the figure—through the Head that we continue to talk about the while the well-being of millions of Start program. These are some of the issues and problems that we see before Americans—vendors and people we owe devastating cuts that don’t go away they become a crisis, before they be- legitimate debts to—are left to chance. simply because the majority refuses to come something that is unworkable Under this legislation, the majority take action and repeal the sequester in and rather to share our great ideas is actively putting the interests of full. now. So for the timeless work on this China before millions of Americans, in- Tragically, the majority’s willing- issue, I thank all three of them for cluding Active military service- ness to endanger our economy is not working on this bill today. members, veterans, and even the men new. In August of 2011, the majority I encourage my colleagues to vote and women who clean the floors of the headed down the road to default for the ‘‘yes.’’ I encourage them to vote ‘‘yes’’ Capitol and fold napkins in the Mem- first time in our history by threatening on the rule, I encourage them to be bers’ dining room. Every single one of to default on our debts. Despite the op- thoughtful and truthful about the leg- these citizens relies upon their pay- portunity to reach compromise with islation, and I reserve the balance of check and upon the United States Gov- the administration, the majority my time. ernment to pay the debts in order to claimed a zero-sum political game that had serious consequences. And because Ms. SLAUGHTER. Mr. Speaker, I put the food on their tables and to of their actions, August 2011 was the thank the gentleman, my friend from make ends meet. Texas, for yielding me the customary With today’s bill, the majority is pro- worst month for job creation in 3 30 minutes and yield myself such time posing that the welfare of these Ameri- years. The Dow Jones Industrial Aver- age plunged 2,000 points, and our Na- as I may consume. cans be left to chance while they pro- tion’s credit rating was downgraded for Mr. Speaker, before I really begin, I tect China and foreign bondholders the very first time. The effects were want to make clear that what the from the threat of default. In addition, very real and very dangerous. A re- President said in his statement of dis- the majority is endangering the reg- sponsible legislative body would never approval and veto, that he would not ular payments owed to infrastructure head down that road again a second negotiate over this foolish bill, that he projects, food safety inspectors, edu- time. But that’s exactly what we’re was not going to negotiate what to do cation programs, and public health re- if we go into default because his intent, doing here today. search. It is a reckless plan that would For more than 225 years, this Cham- as well as the intent of the Democratic directly hurt the most vulnerable ber has been dedicated to preserving Party, is not to default. members of society who already strug- the order and stability of our govern- It’s right honest, but instead of real- gle in the sequestration to get by. ment even in the most partisan of ly talking about today lifting the debt Furthermore, the act of choosing times. Despite their differences, gen- limit, we’re going to discuss the usual whom we will repay when we default on eration after generation of legislators do-nothing legislative agenda: let’s fid- our debt is in and of itself an act that has known that when it comes to the dle while Rome burns and pass a one- will threaten to throw our economy integrity of our Nation, we must suc- House bill that the Senate will never back into recession. During the recent ceed together or else fall alone. touch and the President will never see, hearing of the Committee on Ways and Dangerously in the last 2 years, the which is what we do here once, some- Means, the MIT economist Simon majority has taken step after step to times twice, a week. Johnson warned that if we default on undermine the central pillar of our But today, I think they’ve really out- even a portion of our debt, the unem- government, including the proposal done themselves. Instead of wasting ployment rate would more than double, that they put forward today. We’ve fre- time on a bill that can be characterized countless companies would go out of quently done so through a closed legis- as redundant like we do the 35, 36 times business, and investors would flee the lative process. And while the majority that we vote against health care, the United States. states that today’s legislation is mov- majority is now considering legislation Meanwhile, The Economist magazine ing forward under a structured rule, it that treads into the realm of the pre- has written: is only structured for the Members of carious. Failure to raise the debt ceiling would the majority. Regardless of whether the legislation force immediate spending cuts equal to 6 For the second time this week, the before us is approved by this Chamber, percent of GDP. Not only would that threat- majority is bringing forth a rule that the very fact that the majority is pro- en to send the economy back into recession; denies consideration of a single Demo- posing policies to manage the eco- it would also deprive doctors, pensioners, crat amendment. As a result, we debate contractors, and millions of others the nomic default is by itself a threat to a dangerous proposal and one that puts our economy. Both the Treasury and money needed to meet their own obligations and set off a chain reaction of defaults. Even the interests of China before the wel- outside experts have made clear that a few days’ default would roil the global fi- fare of the American people and the picking and choosing which debts we nancial system which relies on Treasuries in economic stability of the United pay is legally questionable and countless transactions. The mere possibility States. logistically impossible. could incite skittish investors to dump their Yesterday, the Speaker of the House The President has, as my colleague holdings, driving up interest rates. was asked if the proposal laid before us said, warned that in the highly un- Tony Fratto, a former spokesperson would indeed pay China before paying likely event that this bill reaches his for President George W. Bush, said: U.S. troops. He admitted that it would desk, he will unequivocally veto it. But Prioritization is impossible. Is the govern- and said: instead of listening to this fact, the ment really going to be in the position of Listen, those who have loaned us money, majority is moving ahead with a pro- withholding benefits, salaries, rent, contrac- like in any other proceeding, if you will,

VerDate Mar 15 2010 04:18 May 09, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.018 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 8, 2013 CONGRESSIONAL RECORD — HOUSE H2497 court proceeding, the bondholders usually guaranteed their sovereign debts for and its prosperity. But there is one get paid first. The same thing here. many generations—have ever used thing that could do even more damage That simple statement tells us what these guarantees as an excuse not to than delaying payments on our other we need to know. pay their other bills? On the contrary, bills, and that is the threat of a default b 1300 by providing clear and unambiguous on our sovereign debt. This measure mandates to protect their credit first, takes that threat off the table. It I refuse to put China’s interests be- they actually support and maintain assures credit markets that their in- fore the interests of the American peo- their ability to pay for all of their vestments in the United States are as ple, and I refuse to sit silently as the other obligations. certain as anything that can be had in majority moves us one step closer to The gentlelady from New York puts this life. default. forth the argument that this measure Mr. Speaker, let us pass this rule and I urge my colleagues to please vote would put foreign creditors ahead of proceed with consideration of the bill. ‘‘no’’ on today’s rule and the under- programs serving Americans. Well, I Ms. SLAUGHTER. Mr. Speaker, I’m lying legislation, and I reserve the bal- would remind her that public credit is pleased to yield 3 minutes to the gen- ance of my time. what makes possible all of the other tleman from Michigan (Mr. LEVIN), the Mr. SESSIONS. Mr. Speaker, one of programs of this government, from ranking member on Ways and Means. the Members of Congress that I spoke paying our troops to seniors’ health (Mr. LEVIN asked and was given per- about that not only brought pieces of care. Without it, we cannot pay our mission to revise and extend his re- this legislation to the Ways and Means other bills. marks.) Committee but really as part of the de- I would also remind her that most of Mr. LEVIN. You know, when you boil bate for our conference and to the the public debt is held by Americans— this all down, essentially what this bill American people is our next speaker. much of it through American pension says is pay some bills first and not oth- I yield 5 minutes to the gentleman funds. China holds less than 10 percent. ers. I came here because, if the rule from Elk Grove, California (Mr. So the overwhelming effect of this passes, we’ll have a full discussion to- MCCLINTOCK). measure is to protect the investments morrow, but I wanted to share with ev- Mr. MCCLINTOCK. I thank the gen- that Americans have made in their own erybody the story that I saw this morn- tleman for yielding. government while protecting the credit ing. It’s accurate. Mr. Speaker, I rise in support of this that supports every other expenditure The headline is: ‘‘John Boehner on rule to bring the Full Faith and Credit of this government, including our Debt Ceiling: Let’s Pay China First, Act to the House floor. troops. Then U.S. Troops.’’ That headline in I had hoped that amidst all the con- In its original form, this measure re- Huff Post is based on an interview with troversies gripping this Congress that stated the already existing authority the Speaker on Bloomberg TV by Peter certainly we should at least be able to of the Treasury Department to Cook. I quote Mr. Cook: agree that the full faith and credit of prioritize the other obligations in order Doesn’t it mean, as Democrats have sug- the United States Government should to assure prompt and full payment of gested, that you’re basically choosing to pay not hang in the balance every time the debt, and added a mandate requir- China before you pay U.S. troops? The Speaker: Listen, those who have there’s a fiscal debate in Washington. ing it to do so. The committee’s much Unfortunately, even so commonsense a loaned us money, like in any other pro- simpler and more practical approach ceeding, if you will, court proceeding, the proposition as this cannot produce a directs the Treasury Secretary to pay bondholders usually get paid first. Same consensus in today’s Congress. the debt, even if it means temporarily thing here. This bill simply guarantees the debt borrowing outside the debt limit in Then the Speaker says, to conclude of the United States. No matter what order to do so. I want to thank it for his comments as to the Administra- political storms are raging in Wash- this improvement, which I gratefully tion: ington, the public credit must be main- acknowledge and wholeheartedly en- If it comes to the point where they don’t tained. Yet this President and his fol- dorse. have enough money to pay the bills, here is lowers—who have taken our Nation on Let me say this again: no one advo- some order that we think is sound. the biggest borrowing binge in its his- cates that this government delay pay- It’s not sound. As the SAP says, it’s tory, who have run up more debt than ing any of its bills, and this legislation not workable. It endangers our econ- almost all of his predecessors put to- does no such thing. Indeed, this meas- omy. I quote Keith Hennessey, a gether—oppose this commonsense at- ure protects our ability to pay all of former Bush administration economist: tempt to assure credit markets that our other bills because paying those It would be the first step to becoming a ba- whatever else happens in Washington, bills depends on maintaining the Na- nana republic. A bloody mess. their loans to this government are ab- tion’s credit. As mentioned earlier by our distin- solutely safe. But given the precarious nature of guished ranking member on the Rules You know, most States have had our Nation’s finances, principle dis- Committee, another Bush administra- similar provisions in their laws or con- putes over how the debt limit is ad- tion official, Tony Fratto, said: stitutions guaranteeing their debt for dressed are going to happen from time generations. Last year, in testimony to Prioritization is impossible. Is the govern- to time. I remember just a few years ment really going to be in the position of the Senate, Fed Chairman Ben ago when then-Senator Barack Obama withholding benefits, salaries, rent, contract Bernanke praised these State provi- vigorously opposed increasing the debt payments in order to pay off Treasury bond- sions for maintaining confidence in limit sought by the Bush administra- holders? State and municipal markets. He told tion. Well, I’ve never equated Mr. Almost half, by the way, are held by our own House Budget Committee that Obama’s opposition to the debt limit foreigners. So it isn’t sound also to a similar measure at the Federal level increase as anything other than a prin- choose some over others. So I just would help protect our Nation against cipled and well-placed concern over the wanted to go through the list, if I the threat of default. proper management of our finances. might, so everybody understands essen- The President and his followers argue It’s sad that he cannot grant the mo- tially what this is saying. that this is somehow an excuse for not tives of his opposition the same cour- China and other bondholders first, paying our other obligations. What ab- tesy. not American troops in harm’s way. solute nonsense. I challenge them to But when these controversies erupt— China first, not retired and disabled name one Member of Congress who has as they inevitably will do in a free soci- veterans. ever suggested that this measure is an ety—it is imperative that credit mar- The SPEAKER pro tempore. The acceptable alternative to not paying kets are supremely confident that their time of the gentleman has expired. our other bills. loans are secure. Ms. SLAUGHTER. I yield the gen- Their reliance on this falsehood is a So I say this a third time: an impasse tleman 1 additional minute. measure of the bankruptcy of their ar- on the debt limit is something much to Mr. LEVIN. China first, not doctors gument. Do they actually suggest that be avoided because it could do enor- and hospitals treating Medicare pa- all of these other States—that have mous damage to our Nation’s prestige tients.

VerDate Mar 15 2010 04:18 May 09, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.019 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2498 CONGRESSIONAL RECORD — HOUSE May 8, 2013 China first, not American small busi- point, that we pay back the people who on a final budget resolution that nesses who provide goods and services. loaned us money in the first place. strengthens the economy and avoids China and others first, not school They need to have confidence that they default. That’s what we’ve been asking lunch programs. can continue loaning us money because Speaker BOEHNER to do. Instead of tak- China and others first, not univer- we are still having to borrow a lot of ing that responsible step, we are here sities doing medical research. money. today considering a bill that will take China and other bondholders first, I can think of few things that would us closer to the brink of economic not college students who earn Pell be worse than to publicly announce we chaos. Grants, or taxpayers due refunds, or are going to pay somebody else before For the sake of American workers other Federal trust funds holding we pay back our creditors. That is how and businesses, I urge my colleagues to Treasury bonds—for example, Medicare creditors no longer lend any money to reject this dangerous bill. trust funds, deposit insurance, highway you. Mr. SESSIONS. Mr. Speaker, at this and airport trust funds, and the Fed- So, what Republicans are doing is time, I would like to yield 3 minutes to eral Housing Authority. having a public debate. We are bringing the gentleman from California (Mr. this to the floor. And I do recognize our MCCLINTOCK). b 1310 friends on the other side, our Democrat Mr. MCCLINTOCK. I thank the gen- tleman for yielding. In a word, this is irresponsible. De- friends, that they want to spend more fault is default is default. The Repub- Once again, the dominant theme and tax more. They have never seen from our friends on the other side licans are playing with fire, I think, to enough spending in this place. They gain political leverage. Instead, they seems to be China first, this pays China want more and more. They are like our first. That’s the constant refrain we’re should think of the national interest. President—they have an insatiable ap- Mr. SESSIONS. Mr. Speaker, I yield hearing. petite to spend people’s money. And Let me again remind them, China myself such time as I may consume. then, like, literally, somebody who holds about 10 percent of our debt; We’ve had an opportunity once again started a fire, is an arsonist, show up Americans hold more than half of it. today, as we did yesterday, to hear as the firefighter, the hero, to say, but All of our spending from this govern- from the ranking member of the Ways I want to save our country. ment depends on maintaining our cred- and Means Committee, the gentleman They created the economic malaise it. from Michigan. He brought his ideas, that we have. It is overspending, it’s That means whoever is loaning us the best ideas he had, up to the Rules holding back job creation, and Repub- money, whether China or Timbuktu, Committee yesterday on this same licans are going to stand on the floor whether it’s the Teamsters pension issue. and have this debate with the media fund or a child’s savings bond that But the issues that the gentleman and the American people and the ad- they’ve gotten for their birthday, we speaks about are attacking our an- ministration and say, let’s know what are borrowing over a quarter of every- swers. Their answer that they propose we are going to do when we get there thing that we spend. If we cannot bor- is tax increases and spending increases, months ahead of time so that we don’t row, if the confidence of the credit and that way we’ll simply have more falter like we did some time ago, and markets is ever compromised, this money into the system. Because as take on the President’s idea again of whole house of cards collapses around we’ve already heard today just a few sequestration only to have him argue us, a house of cards constructed by this minutes ago, the more money we give against his own idea later and then try administration’s profligate borrowing. in unemployment compensation, the to mislead the American public what Our credit is now bearing a greater more vitality is in our cities, more this whole issue is about. It’s about the burden and strain that it has ever spending takes place, more unemploy- economic demise of the United States borne before. All this measure suggests ment compensation, more vitality, of America and how we are having to is that we should at least reinforce more spending in our cities. work here to make sure that we pub- that credit with exactly the same guar- Mr. Speaker, that’s the wrong way to licly discuss this before it becomes too antees that most of our States have go. The Republican Party does not be- late. successfully employed for generations lieve that we should create a perma- I reserve the balance of my time. and, I would remind my friend from nent underclass of people who receive Ms. SLAUGHTER. Mr. Speaker, I am California, California has had in its unemployment compensation or who pleased to yield 11⁄2 minutes to the gen- Constitution for over 100 years. are afraid of facing the truth about tleman from California, one of our im- Ms. SLAUGHTER. Mr. Speaker, I am where this country is headed. pressive freshmen, Mr. HUFFMAN. pleased to yield 2 minutes to the gen- The facts of the case are other coun- Mr. HUFFMAN. Mr. Speaker, I rise tleman from Tennessee (Mr. COOPER). tries are ahead of us on this curve. to oppose the impossibly misnamed Mr. COOPER. Mr. Speaker, I’m op- Most of them are in Europe, and they Full Faith and Credit Act, a bill which posed to the rule, and I’m opposed to the Pay China First bill. It is my un- ignored the signs that Republicans are would actually make a mockery of our derstanding that they’ve added some- here talking about today, the signs of country’s full faith and credit. It pre- thing, I think it’s called the Camp spending too much, relying on its peo- pares our country for default by amendment, that would make sure ple to raise taxes for them to bring prioritizing payments to Wall Street that Members of Congress are not paid money in, and a big government con- and foreign governments over nearly if the Nation, in fact, defaults. This tinuing to put rules and regulations every other national obligation. borrows an idea that I introduced back and impediments in front of people. We’ve seen the disastrous effects on in the summer of 2011, H.R. 2653. We The facts of the case are simple. We our credit rating, our stock market, are here today because it is President had a number of bipartisan cosponsors. and our economic recovery when Con- I’m worried, though, that despite Obama and the Democrats who spent gress plays political games with the imitation being the sincerest form of too much money, who are destroying debt ceiling, but here we go again. flattery they’ve diluted this concept to jobs, and who even today are holding Why would my colleagues across the make it unconstitutional. Due to the back the Keystone pipeline, what could aisle prioritize paying the Chinese Gov- 27th Amendment, it is unconstitutional be thousands of jobs for people in this ernment over paying our troops in Af- to adjust Member pay during a session. country, lessen our reliance on other ghanistan? What about air traffic con- We had it drafted so that Members parts of the world for our energy, and trollers, FBI investigators, disabled would be paid last, which would pretty bring back American-made jobs. This veterans, small businesses who con- much ensure that we would not be is exactly why we are having problems. tract with the government, doctors paid. Perhaps they’ve corrected the So, it’s the Republican Party that is who treat Medicare patients? This bill drafting on their side. trying to offer a public discussion, a says it’s okay to stiff all of them, as public debate, including our great long as Chinese bondholders are paid in b 1320 Speaker, JOHN BOEHNER, who says we full. They’ve also done this to me once be- need to make sure that part of the de- Mr. Speaker, it’s time to move for- fore this year. They took our no budg- bate comes down to, if we get to that ward with House-Senate negotiations et-no pay idea that the No Labels

VerDate Mar 15 2010 01:47 May 09, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.069 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 8, 2013 CONGRESSIONAL RECORD — HOUSE H2499 group had sponsored, which has now be- from new debt or whether it comes of the Financial Services Committee, come law, but they took out the heart from operating entities that would be the Member from the Fifth District of of it. Right now, we should be having a within the 60 percent that would not be Texas, the gentleman from Dallas, House-Senate conference since both the new debt. I hope this clarifies not Texas (Mr. HENSARLING). Houses have finally passed legislation. only what we are trying to do but that Mr. HENSARLING. I thank the dis- The Senate being the laggard, now we speak forthrightly to Members tinguished chairman of the Rules Com- after 4 years, they’ve finally passed a about what this legislation actually is. mittee for yielding, Mr. Speaker. budget, but now we’re refusing to con- I reserve the balance of my time. I also want to thank the gentleman ference the budget. Ms. SLAUGHTER. Mr. Speaker, I am from California (Mr. MCCLINTOCK), who I am a believer in pay-for-perform- pleased to yield 2 minutes to the gen- has been, perhaps, the most cogent de- ance. The American taxpayers are not tleman from Colorado (Mr. PERL- fender of the Constitution on the floor getting their money’s worth from to- MUTTER). of the United States House of Rep- day’s Congress. They should be getting Mr. PERLMUTTER. Article I, sec- resentatives and who has provided his their money’s worth, and I think these tion 8.1: leadership today to ensure that we do concepts about penalizing Congress The Congress shall have power to lay and not have default on sovereign debt but when we fail to do our job are very collect taxes, duties, imposts, and excises to that we put this Nation on a path to powerful concepts; but they should be pay the debts and provide for the common fiscal sanity, and I thank him for his defense and general welfare of the United given full strength, not diluted and un- States. leadership. constitutional treatment in a quicky Mr. Speaker, the folks in the Fifth Now Amendment 14, section 4: amendment such as is being offered Congressional District of Texas, whom here. The core idea of pay-for-perform- The validity of the public debt of the I’m proud to represent, have a lot of in- United States . . . including debts incurred ance I hope that more of my colleagues for payment of pensions and bounties for security about their personal economy, will look at because Congress does services . . . shall not be questioned. and they have great fear that their many things right, and we should be But that’s precisely what the Repub- children will not enjoy a brighter fu- rewarded for that. We fail in many lican Party, the Republican majority, ture. ways, and we should be penalized for is doing today. I have many friends on I heard my friend, the gentleman that. the Republican side of the aisle whom from Colorado, say that everyone gets Today, sadly, the only people in I respect, but I’ve never been as dis- paid. Well, maybe that’s part of the America who are not able to pay Con- appointed in them as I am today. problem. Maybe that is one of the rea- gress by performance are the tax- ‘‘Pari passu.’’ That means ‘‘equal.’’ sons under President Obama’s leader- payers. Those special interests are pay- The United States of America, for 235 ship there has been more debt created ing us by performance all the time years, has treated all of its creditors in the last 4 years than in our Nation’s whether in PAC contributions or in equally. If you’re the landlord, if you first 200. We are awash in debt. We post-retirement job opportunities. get a salary, if you mow the lawn on know that we have a debt, not because That is one reason this Congress is not the National Mall, you get paid at the we have insufficient taxes, but because performing to full capability. It is one same time that somebody who loans we spend too much. Math is a pesky reason we are not living up to our po- money to the United States gets paid. thing. tential. So, as we look at this concept, Everybody gets paid. That’s how we In the last 10 years, the Department at this Camp amendment, please let’s treat it. We don’t treat it that China or of Ag: up 114 percent; HUD: up 61 per- do it right. Please, let’s make sure that Wall Street or Saudi Arabia, because cent; HHS: up 79 percent. Our total Congress is not paid for failure. they’ve loaned us money, gets paid be- government spending has increased 70 Mr. SESSIONS. I yield myself 2 min- fore the nurse working in one of our percent; and measured by median fam- utes. VA hospitals. That’s not America. That ily income, the family budget, which Mr. Speaker, I want to acknowledge is wrong. That is not how we run our has to pay for the Federal budget, it is Mr. COOPER’s presence here today. His country. It is unconstitutional. down 6 percent. idea was valid and, in fact, was utilized I’d say to my friends that this short, Now, some have said, You know, rev- in what we have done. little bill of yours to prioritize our enues are a problem. Well, revenues are The slight difference of how I’d like debts is exactly the wrong thing to do. up 52 percent, but you can’t raise taxes to describe this to the gentleman is: we If I were a credit-rating agency, I’d enough to chase the spending that the did not say that Members cannot be say, if you’re prioritizing your debts, Democrats and the President want to paid. What we said is that no new debt you’re getting ready to not pay some- foist upon the American people. They can be used to pay Members. So, if body. Everybody is treated equally. If I have put us on a path to national bank- we’re spending 40 percent too much were that credit rating agency, I would ruptcy. At some point, we’ve got to money today and if 60 percent were downgrade us today. quit spending money we don’t have. coming in, we could be paid out of that The SPEAKER pro tempore. The Again, we are on the precipice of a debt amount, but we could not be paid out time of the gentleman has expired. crisis, and we have it because of too of the debt-side amount, which is what Ms. SLAUGHTER. I yield the gen- much spending. this legislation is about and why this tleman an additional minute. To some of my friends on the other legislation is germane. Mr. PERLMUTTER. I’d say to my side of the aisle, their answer to the I do thank the gentleman. I thank friends on the Republican side of the debt ceiling is to get rid of it. Some the gentleman for his idea that Mem- aisle, to the majority party: Don’t do have introduced legislation just to get bers of Congress should equally suffer this. This is wrong. This is not our Na- rid of the debt ceiling. or equally gain as the American people tion. b 1330 have. In this circumstance, it’s a loss We have built this Nation on equal- for all of us, and that is why Chairman ity, and that includes the equality of That’s kind of like, Mr. Speaker, a CAMP included this as an amendment. payment. Whether you’re a landlord or fire breaks out in your home and your It was to make sure that we clarified: if you work for the country or if you’re response is to unplug the smoke detec- As part of this bill, Members of Con- a veteran, whatever it may be, you get tor because of that nuisance noise in gress could not be paid with new debt paid. That’s how we operate it. the background that maybe your house that was being brought to the United We in this Congress have the ability is on fire. I would remind my friends on States. not only to raise the revenue that’s the other side of the aisle, Greece So I hope that clarifies not only the needed to do that but to manage our didn’t have a debt ceiling vote, and yet success that we believe that Mr. COO- expenses, but we don’t stiff anybody. we have Democrats who say, No, let’s PER brought with his ideas but also the So I’d say to my friends: Withdraw this just get rid of it. intent of what this legislation actually bill now. It is bad legislation. It is But for those who believe that we’re does, what we spoke about in the Rules wrong for this Nation. Get rid of it. not going to get rid of it, we have other Committee and the fine line between Mr. SESSIONS. Mr. Speaker, at this friends from across the aisle who essen- paying a Member and whether it comes time, I yield 5 minutes to the chairman tially want to use it as a hostage for

VerDate Mar 15 2010 01:47 May 09, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.024 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2500 CONGRESSIONAL RECORD — HOUSE May 8, 2013 something that is not a debt. A debt is paying Medicare beneficiaries or our ple work, unemployment goes down, when you go out and you borrow troops overseas or our veterans here at government spending and unemploy- money and you must pay it back. home or anyone owed money for work- ment insurance and food stamps go Every family understands this. It’s one ing for the Federal Government and down, and the economy improves and thing for an American family to bor- would generally collapse the economy our unemployment also goes down. row money to pay their mortgage by forcing default on most of our debts. That’s the proper path. versus borrowing money so that they Raising the debt ceiling merely al- What the Republicans are trying to can pay for a Las Vegas vacation that lows us to pay debts we have pre- do would say, Don’t do that. Follow the they would like to take. They are not viously incurred—all debts previously path of Europe. Get 12 percent or 15 equivalent. incurred. We should recognize this sim- percent unemployment. This bill would Mr. Speaker, paying sovereign debt is ple reality by eliminating the debt head us in that direction. That’s not not the same thing as borrowing ceiling and passing responsible budg- the direction we should be going. money so that this institution and this ets. But Republicans now use the debt We ought to safeguard our credit and town can continue to spend money for ceiling to hold the entire country hos- not even contemplate the possibility of pottery classes in Morocco, to pay for tage unless the demands that they default. the travel expenses of the Alabama Wa- haven’t figured out yet are met. This The SPEAKER pro tempore. The gen- termelon Queen, to pay for robotic reminds me of a 1930s gangster film: tlewoman from New York has 71⁄2 min- squirrels and all the rest of the lunacy it’s a nice restaurant you’ve got over utes remaining, and the gentleman that this Federal Government spends there; it’s a nice economy you’ve got from Texas has 4 minutes remaining. and in the end takes bread off the table over there; pity if it should happen to Mr. SESSIONS. Mr. Speaker, I re- of hardworking American families. blow up if you don’t meet our demands. serve the balance of my time. Mr. Speaker, we believe that the This Republican tactic has already Ms. SLAUGHTER. Mr. Speaker, I’m President has this power, but he says, brought about the first downgrade in pleased to yield 1 minute to the gen- No, I don’t have this power. So I find it the U.S. credit rating in history and tleman from California (Mr. ´ ironic that we’re willing to codify what has brought about brutal spending cuts CARDENAS). Mr. CA´ RDENAS. Mr. Speaker, I rise we already believe to be the law of the that have punished the middle class, in opposition to House Resolution 202 land, and the President says, No, I failed to help the millions of Ameri- and H.R. 807 because the last time Con- want to veto that. Again, he wants to cans looking for work, and weakened gress did something this dumb it cost use this as a hostage. the safety net for working families and the American public $19 billion over This is a very simple bill introduced seniors. by the gentleman from California to Mr. Speaker, it was two wars and two the next 10 years. Why? Because our require our Treasury to make good on Bush tax cuts and 8 years of irrespon- credit rating was downgraded for the all of our debt payments. That’s it. We sibility that brought us the deficit in first time in the history of the United must stop borrowing money to squan- the last budget adopted under George States. Let’s not do something like der our children’s future. This bill will Bush of 10.1 percent of GDP. We have that again. That does not help the economy, and help us do this. reduced that budget deficit in 3 years it doesn’t put anyone to work. All it But the Democrats, they don’t want from 10.1 percent of GDP to 4.8 percent does is make sure that everybody to take this specter of default off the today. This is the fastest deficit reduc- around the world who loves to buy table. It’s the only way they can con- tion since the demobilization after American-backed paper just gets more tinue spending. They say they do. If World War II. they do, Mr. Speaker, I look forward to Economists agree that the draconian money for it, which means more money seeing their name up on the big board austerity decreed by the sequester is out of the pockets of Americans for one soon. slowing our economic growth, elimi- reason and one reason only: to have the This is the right thing and the smart nating millions of jobs, and could cre- optics of politics of a bill like this that thing to do, and I urge that the House, ate a double-dip recession. We have actually basically states that we are not going to back the paper that people adopt this rule and adopt the bill. seen this in Europe where, starting 21⁄2 Ms. SLAUGHTER. Mr. Speaker, I years ago, they adopted the policies buy. That is something that is not within yield myself 30 seconds to talk about the Republicans want. They adopted our American values. That’s something what it is we’re trying to pay for on severe austerity and they cut budgets that doesn’t even need to see the light our side: too much. The result is a double-dip re- of day. And it’s a shame that we would Pay and benefits for 1.4 million ac- cession. With their negative economic play politics with the American dollar tive duty troops and 780,000 troops in growth, we’re still at positive economic and we would play politics with the reserves will not be paid while China is growth. reputation of this great country by paid; We’re hearing from our Republican having these two bills before us. Benefits to 3.4 million disabled vet- friends today about how endangered Mr. SESSIONS. I continue to reserve erans; our credit rating is. Our credit rating 1.3 million veterans receiving edu- the balance of my time. is so endangered, despite their fright- Ms. SLAUGHTER. Mr. Speaker, may cation or home purchasing assistance; ening rhetoric, that we are paying the Earned payments to American small I inquire if my colleague has any more lowest interest rates on our bonds ever, businesses; requests for time? Payments to 1.1 million doctors and and our bonds are selling higher. Peo- Mr. SESSIONS. Except for my final health care practitioners who provide ple are getting in line to buy our bonds close, I do not. And I thank the gentle- care to seniors with Medicare; because our credit rating is, in fact, woman. Payments to schools for nutritious quite good. Ms. SLAUGHTER. I thank the gen- lunches served to 32 million children; Yet, in spite of presenting the Amer- tleman. Payments to 44,000 National Insti- ican people with a plan to invest in our Let me introduce the previous ques- tutes of Health grantees. economy and create jobs for the 12 mil- tion. With that, I am pleased to yield 3 lion Americans looking for work, Re- Mr. Speaker, if we can defeat the pre- minutes to the gentleman from New publicans are once again intent on vious question, I will offer an amend- York (Mr. NADLER). manufacturing a crisis that will only ment to the rule that will allow the Mr. NADLER. I thank the gentlelady increase unemployment. We should not House to hold a vote on the Student for yielding. develop a plan for how to generate and Loan Relief Act. Mr. Speaker, this bill would raise the then manage a devastating default that If Congress doesn’t act, next month debt ceiling, but only insofar as nec- will put our economy into chaos; we undergraduate students across the essary and only for the purpose of pay- should repeal the sequester, slow down country will see a hike in their student ing our debts to China and to Social our deficit reduction, spend the money loan interest rates. If my Republican Security. on highways and bridges and infra- colleagues want to talk about debt pri- Not raising the debt ceiling beyond structure investing and putting our ority, this should be a part of the dia- what this bill does would mandate not people back to work so that more peo- logue.

VerDate Mar 15 2010 01:47 May 09, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.026 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 8, 2013 CONGRESSIONAL RECORD — HOUSE H2501 To discuss the proposal, I yield 4 student loan debt of 60, 70, $80,000 are the rule. I would like to see this bill minutes to the gentleman from Con- not in a position to go out and buy a withdrawn. necticut (Mr. COURTNEY). house because they can’t qualify for a I yield back the balance of my time. Mr. COURTNEY. Mr. Speaker, I rise mortgage because of these high pay- Mr. SESSIONS. Mr. Speaker, I yield in opposition to the previous question. ments. myself such time as I may consume. As the gentlelady said, defeat of the It is time for Congress to focus on I have been around this place a long previous question will allow her to pro- what people are really waking up in time, and I’ve heard of people who did pose, instead, an amendment to the the morning thinking about and wor- not read bills. I have heard of people rule to a bill that intentionally de- rying about, which is how to pay for who did not understand bills, but I grades the full faith and credit of our college. have never seen a circumstance such as country, sets that aside and instead al- Mr. Speaker, on May 1, we just cele- today where the truth was being held lows for consideration of the Student brated decision day, which is the day hostage. Loan Relief Act, a measure which will when young people make the choice The facts of the case are very simple. prevent the subsidized Stafford student about where they’re going to college. Republicans today are offering a mech- loan program from doubling in 53 days. Unfortunately, they have no clue about anism to the President of the United whether or not their subsidized Staf- States and the American people that b 1340 ford loan rate, which has been in place says, if we do get in a circumstance Let me again reiterate that point. On for the last 6 years, is going to con- where we do not extend our debt to fur- July 1, if Congress does not act, the tinue beyond July 1. ther allow the Federal Government to subsidized Stafford student loan pro- It is time for this Chamber to focus buy more debt to pay its obligations, gram, which provides student loan as- on what’s important for American fam- then we offer this opportunity, and sistance to over 7 million young Ameri- ilies. Let’s take up the Student Loan that is that the government can, even cans, will double from 3.4 percent to 6.8 Relief Act. Let’s pass a higher edu- when we’re in a circumstance where we percent. We have heard a lot of talk on cation authorization bill which deals cannot borrow more money, and let’s the floor here today about debt and with this issue from soup to nuts, and say we spend 60 percent that we get about trying to protect the young peo- let’s set aside this crazy bill which in- money in but 40 percent is the debt ple of this country. Well, the Federal tentionally degrades the full faith and that we can no longer have available to Reserve Bank of New York recently credit of our country. pay our obligations, about a 60/40 split, issued its latest update regarding stu- Ms. SLAUGHTER. Mr. Speaker, I then we’re allowing the Federal Gov- dent loan debt in this country, which is yield myself such time as I may con- ernment to go borrow more debt to pay now $1.1 trillion. It’s higher than credit sume. its obligations so that it doesn’t com- card debt, and it is higher than car The fact that this Chamber has dedi- pete against the money that does come loan debt. cated valuable time and resources to in to pay the bills of the United States When we talk about the challenges the consideration of an unconstitu- as the President of the United States facing, particularly, young people in tional bill that will put our Nation on would choose. this country who are trying to get the the road to default is regretful. The I’ve never heard of a more reasonable opportunity to upgrade their skills, fact that this legislation puts the eco- option. We’re not telling the President something that this recession has nomic interests of China before paying how to spend the money. We’re giving taught us painfully is necessary be- our soldiers’ salaries and providing authorization for new debt to pay our cause the unemployment rate of people benefits to our veterans is a disgrace. debt obligations. That’s not cutting with high school degrees or less is The plan presented by the majority people off. It’s not truthful to say we’re three times as high as people with 4- fails to raise the debt ceiling, which is going to do that. Anybody that tells year degrees, the fact of the matter is the only way that we can prevent eco- you that didn’t read the bill. that the subsidized Stafford student nomic default. Instead, it simply What this is about is to say, if we go loan program is a lifeline in terms of wastes another week of valuable time into a debt circumstance where we can- young people being able to pay the ris- and the $24 million that it costs to run not come to an agreement, then we are ing cost of tuition. this House of Congress for a week and authorizing the Federal Government, Despite the fact that we have a tick- moves us that much closer to yet an- the Treasury, to go get more debt, only ing clock of 53 days and only 24 session other downgrade in our Nation’s credit enough to pay debt obligations to days scheduled between now and July rating, something that had never hap- where we do not default, and then we 1, the majority has not brought a sin- pened until this majority assumed con- work on the circumstances of how gle proposal forward to avoid this ca- trol of the House. And now it is actu- much money comes in. tastrophe from happening to young ally possible the majority would lead This has been miscast. The truth has people all across the country. us to the second downgrade of the Na- been held hostage, and I am dis- The Student Loan Relief Act, which I tion’s credit over the course of 2 short appointed in Members of Congress who am the lead cosponsor of, has over 125 years. came down here and misled the Amer- cosponsors here in the House, will ex- On May 19, our Nation will reach its ican people about what this bill is. It is tend the lower rate for 2 years, and will debt ceiling, and emergency measures nothing more than allowing the Treas- allow this Chamber to once and for all would be put into place to delay de- ury to go borrow money to pay its al- get its arms around this serious, crit- fault. We’ve seen this film before, and ready obligations to people who loaned ical problem for the future of this we know how the movie ends—a twist- us money. It says nothing about how country. The fact of the matter is that ed plot with terrible consequences that they will pay normal bills to people. the student loan debt issue requires a come by refusing to pay our bills. I And to come to this floor and to sug- comprehensive rewrite of the Higher urge my colleagues not to walk down gest this is simply a disservice to the Education Authorization Act which that road again. obligations I think that we have to be will give tools to young people, start- Mr. Speaker, I ask unanimous con- open and honest about what our job is. ing in high school, to make better sent to insert the text of the amend- I urge my colleagues to understand choices about where they go to school, ment in the RECORD along with extra- the simplification of what this bill is how they’re going pay for it, with bet- neous material immediately prior to about, to not try to twist it to have it ter awareness and information. It the vote on the previous question. become something that it is not. I hope would also allow people who have grad- The SPEAKER pro tempore. Is there my colleagues will vote ‘‘yes’’ on the uated to be able to refinance their debt objection to the request of the gentle- rule and ‘‘yes’’ on the underlying legis- so they can lower those monthly pay- woman from New York? lation. ments. There was no objection. The material previously referred to Again, talk to the Realtors in this Ms. SLAUGHTER. Mr. Speaker, I by Ms. SLAUGHTER is as follows: country about what’s holding back the urge my colleagues most enthusiasti- AN AMENDMENT TO H. RES. 202 OFFERED BY housing market. Young people in their cally to vote ‘‘no’’ to defeat the pre- MS. SLAUGHTER OF NEW YORK twenties and thirties who are carrying vious question. I urge a ‘‘no’’ vote on Amendment in the nature of a substitute:

VerDate Mar 15 2010 01:47 May 09, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.027 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2502 CONGRESSIONAL RECORD — HOUSE May 8, 2013 Strike all after the resolved clause and in- though it is generally not possible to amend H.R. 1406 sert: the rule because the majority Member con- Be it enacted by the Senate and House of Rep- That immediately upon adoption of this trolling the time will not yield for the pur- resentatives of the United States of America in resolution the Speaker shall, pursuant to pose of offering an amendment, the same re- Congress assembled, clause 2(b) of rule XVIII, declare the House sult may be achieved by voting down the pre- SECTION 1. SHORT TITLE. resolved into the Committee of the Whole vious question on the rule. . . . When the This Act may be cited as the ‘‘Working Fami- House on the state of the Union for consider- motion for the previous question is defeated, lies Flexibility Act of 2013’’. ation of the bill (H.R. 1595) to amend the control of the time passes to the Member Higher Education Act of 1965 to extend the who led the opposition to ordering the pre- SEC. 2. COMPENSATORY TIME. reduced interest rate for Federal Direct Staf- vious question. That Member, because he Section 7 of the Fair Labor Standards Act of ford Loans. The first reading of the bill shall then controls the time, may offer an amend- 1938 (29 U.S.C. 207) is amended by adding at the be dispensed with. All points of order against ment to the rule, or yield for the purpose of end the following: ‘‘(s) COMPENSATORY TIME OFF FOR PRIVATE consideration of the bill are waived. General amendment.’’ debate shall be confined to the bill and shall In Deschler’s Procedure in the U.S. House EMPLOYEES.— not exceed one hour equally divided and con- of Representatives, the subchapter titled ‘‘(1) GENERAL RULE.—An employee may re- trolled by the chair and ranking minority ‘‘Amending Special Rules’’ states: ‘‘a refusal ceive, in accordance with this subsection and in member of the Committee on Education and to order the previous question on such a rule lieu of monetary overtime compensation, com- the Workforce. After general debate the bill [a special rule reported from the Committee pensatory time off at a rate not less than one shall be considered for amendment under the on Rules] opens the resolution to amend- and one-half hours for each hour of employment five-minute rule. All points of order against ment and further debate.’’ (Chapter 21, sec- for which overtime compensation is required by provisions in the bill are waived. At the con- tion 21.2) Section 21.3 continues: ‘‘Upon re- this section. clusion of consideration of the bill for jection of the motion for the previous ques- ‘‘(2) CONDITIONS.—An employer may provide amendment the Committee shall rise and re- tion on a resolution reported from the Com- compensatory time to employees under para- port the bill to the House with such amend- mittee on Rules, control shifts to the Mem- graph (1)(A) only if such time is provided in ac- ments as may have been adopted. The pre- ber leading the opposition to the previous cordance with— vious question shall be considered as ordered question, who may offer a proper amendment ‘‘(A) applicable provisions of a collective bar- on the bill and amendments thereto to final or motion and who controls the time for de- gaining agreement between the employer and passage without intervening motion except bate thereon.’’ the labor organization that has been certified or one motion to recommit with or without in- Clearly, the vote on the previous question recognized as the representative of the employ- structions. If the Committee of the Whole on a rule does have substantive policy impli- ees under applicable law; or rises and reports that it has come to no reso- cations. It is one of the only available tools ‘‘(B) in the case of employees who are not rep- lution on the bill, then on the next legisla- for those who oppose the Republican major- resented by a labor organization that has been tive day the House shall, immediately after ity’s agenda and allows those with alter- certified or recognized as the representative of the third daily order of business under clause native views the opportunity to offer an al- such employees under applicable law, an agree- 1 of rule XIV, resolve into the Committee of ternative plan. ment arrived at between the employer and em- the Whole for further consideration of the ployee before the performance of the work and Mr. SESSIONS. I yield back the bal- affirmed by a written or otherwise verifiable bill. ance of my time, and I move the pre- SEC. 2. Clause 1(c) of rule XIX shall not record maintained in accordance with section apply to the consideration of the bill speci- vious question on the resolution. 11(c)— fied in the first section of this resolution. The SPEAKER pro tempore. The ‘‘(i) in which the employer has offered and the question is on ordering the previous employee has chosen to receive compensatory THE VOTE ON THE PREVIOUS QUESTION: WHAT question. time in lieu of monetary overtime compensation; IT REALLY MEANS The question was taken; and the and This vote, the vote on whether to order the Speaker pro tempore announced that ‘‘(ii) entered into knowingly and voluntarily previous question on a special rule, is not the ayes appeared to have it. by such employees and not as a condition of em- ployment. merely a procedural vote. A vote against or- Ms. SLAUGHTER. Mr. Speaker, on dering the previous question is a vote No employee may receive or agree to receive that I demand the yeas and nays. compensatory time off under this subsection un- against the Republican majority agenda and The yeas and nays were ordered. a vote to allow the Democratic minority to less the employee has worked at least 1,000 offer an alternative plan. It is a vote about The SPEAKER pro tempore. Pursu- hours for the employee’s employer during a pe- what the House should be debating. ant to clause 8 of rule XX, further pro- riod of continuous employment with the em- Mr. Clarence Cannon’s Precedents of the ceedings on this question will be post- ployer in the 12-month period before the date of House of Representatives (VI, 308–311), de- poned. agreement or receipt of compensatory time off. ‘‘(3) HOUR LIMIT.— scribes the vote on the previous question on f the rule as ‘‘a motion to direct or control the ‘‘(A) MAXIMUM HOURS.—An employee may ac- consideration of the subject before the House b 1350 crue not more than 160 hours of compensatory time. being made by the Member in charge.’’ To WORKING FAMILIES FLEXIBILITY defeat the previous question is to give the ‘‘(B) COMPENSATION DATE.—Not later than opposition a chance to decide the subject be- ACT OF 2013 January 31 of each calendar year, the employ- fore the House. Cannon cites the Speaker’s GENERAL LEAVE ee’s employer shall provide monetary compensa- ruling of January 13, 1920, to the effect that Mr. KLINE. Mr. Speaker, I ask unan- tion for any unused compensatory time off ac- ‘‘the refusal of the House to sustain the de- crued during the preceding calendar year that imous consent that all Members may was not used prior to December 31 of the pre- mand for the previous question passes the have 5 legislative days in which to re- control of the resolution to the opposition’’ ceding year at the rate prescribed by paragraph in order to offer an amendment. On March vise and extend their remarks and in- (6). An employer may designate and commu- 15, 1909, a member of the majority party of- clude extraneous material on H.R. 1406. nicate to the employer’s employees a 12-month fered a rule resolution. The House defeated The SPEAKER pro tempore. Is there period other than the calendar year, in which the previous question and a member of the objection to the request of the gen- case such compensation shall be provided not opposition rose to a parliamentary inquiry, tleman from Minnesota? later than 31 days after the end of such 12- asking who was entitled to recognition. There was no objection. month period. Speaker Joseph G. Cannon (R-Illinois) said: Mr. KLINE. Mr. Speaker, pursuant to ‘‘(C) EXCESS OF 80 HOURS.—The employer may ‘‘The previous question having been refused, House Resolution 198, I call up the bill provide monetary compensation for an employ- ee’s unused compensatory time in excess of 80 the gentleman from New York, Mr. Fitz- (H.R. 1406) to amend the Fair Labor gerald, who had asked the gentleman to hours at any time after giving the employee at yield to him for an amendment, is entitled to Standards Act of 1938 to provide com- least 30 days notice. Such compensation shall be the first recognition.’’ pensatory time for employees in the provided at the rate prescribed by paragraph The Republican majority may say ‘‘the private sector, and ask for its imme- (6). vote on the previous question is simply a diate consideration in the House. ‘‘(D) POLICY.—Except where a collective bar- vote on whether to proceed to an immediate The Clerk read the title of the bill. gaining agreement provides otherwise, an em- vote on adopting the resolution . . . [and] The SPEAKER pro tempore. Pursu- ployer that has adopted a policy offering com- has no substantive legislative or policy im- ant to House Resolution 198, the pensatory time to employees may discontinue plications whatsoever.’’ But that is not what amendment recommended by the Com- such policy upon giving employees 30 days no- they have always said. Listen to the Repub- mittee on Education and the Workforce tice. lican Leadership Manual on the Legislative ‘‘(E) WRITTEN REQUEST.—An employee may Process in the United States House of Rep- printed in the bill is adopted. The bill, withdraw an agreement described in paragraph resentatives, (6th edition, page 135). Here’s as amended, is considered read. (2)(B) at any time. An employee may also re- how the Republicans describe the previous The text of the bill, as amended, is as quest in writing that monetary compensation be question vote in their own manual: ‘‘Al- follows: provided, at any time, for all compensatory time

VerDate Mar 15 2010 04:18 May 09, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 7634 Sfmt 6333 E:\CR\FM\A08MY7.004 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 8, 2013 CONGRESSIONAL RECORD — HOUSE H2503 accrued that has not yet been used. Within 30 The SPEAKER pro tempore. After 1 That’s not fair, Mr. Speaker. It’s not days of receiving the written request, the em- hour of debate on the bill, as amended, fair to millions of hardworking Ameri- ployer shall provide the employee the monetary it shall be in order to consider the fur- cans. The Working Families Flexibility compensation due in accordance with para- ther amendment printed in House Re- Act will remove this unnecessary bar- graph (6). ‘‘(4) PRIVATE EMPLOYER ACTIONS.—An em- port 113–51, if offered by the gentleman rier and allow private sector employers ployer that provides compensatory time under from New York (Mr. GIBSON) or his des- to offer employees the choice to accrue paragraph (1) to employees shall not directly or ignee, which shall be considered read paid time off, or comp time, for work- indirectly intimidate, threaten, or coerce or at- and shall be separately debatable for 10 ing overtime. The bill does not change tempt to intimidate, threaten, or coerce any em- minutes equally divided and controlled the 40-hour work week, and comp time ployee for the purpose of— by the proponent and an opponent. would accrue at the same time-and-a- ‘‘(A) interfering with such employee’s rights The gentleman from Minnesota (Mr. half rate as cash wages. under this subsection to request or not request compensatory time off in lieu of payment of KLINE) and the gentleman from Con- The legislation includes numerous monetary overtime compensation for overtime necticut (Mr. COURTNEY) each will con- protections to ensure the use of comp hours; or trol 30 minutes. time is strictly, strictly, Mr. Speaker, ‘‘(B) requiring any employee to use such com- The Chair recognizes the gentleman voluntary, such as requiring a written pensatory time. from Minnesota. agreement between the employer and ‘‘(5) TERMINATION OF EMPLOYMENT.—An em- Mr. KLINE. Mr. Speaker, I rise today employee, allowing workers to cash out ployee who has accrued compensatory time off in strong support of H.R. 1406, the their accrued comp time whenever they authorized to be provided under paragraph (1) Working Families Flexibility Act of shall, upon the voluntary or involuntary termi- choose, retaining all enforcement rem- nation of employment, be paid for the unused 2013, and yield myself such time as I edies available under current law, and compensatory time in accordance with para- may consume. adding new protections to prevent co- graph (6). Today we have an opportunity to ercion and intimidation. ‘‘(6) RATE OF COMPENSATION.— make life a little easier for working At the heart of the legislation is ‘‘(A) GENERAL RULE.—If compensation is to be families across the country. This legis- worker choice. Workers choose whether paid to an employee for accrued compensatory lation doesn’t create a new government to accept comp time. Workers choose time off, such compensation shall be paid at a program or bureaucracy. It doesn’t when to cash out their accrued comp rate of compensation not less than— ‘‘(i) the regular rate received by such em- spend taxpayer dollars or add to the time, and workers choose when to use ployee when the compensatory time was earned; national debt. The Working Families their paid time off, so long as they fol- or Flexibility Act simply removes an out- low the same standard public sector ‘‘(ii) the final regular rate received by such dated Federal policy that denies pri- employees do. Same standard, Mr. employee, vate sector workers the flexibility they Speaker. whichever is higher. need to better balance family and Americans sacrifice a lot to provide ‘‘(B) CONSIDERATION OF PAYMENT.—Any pay- ment owed to an employee under this subsection work. for their families. Let’s get the Federal for unused compensatory time shall be consid- For 75 years, the Fair Labor Stand- Government out of the way and give ered unpaid overtime compensation. ards Act has provided covered workers workers the flexibility they need to ‘‘(7) USE OF TIME.—An employee— with basic wage and hour protections. thrive at home and at work. ‘‘(A) who has accrued compensatory time off Those covered by the law receive time- I urge my colleagues to support the authorized to be provided under paragraph (1); and-a-half in paid compensation for Working Families Flexibility Act of and each overtime hour worked. The law 2013, and I reserve the balance of my ‘‘(B) who has requested the use of such com- pensatory time, plays a significant role in millions of time. shall be permitted by the employee’s employer to workplaces; yet it does not reflect the Mr. COURTNEY. Mr. Speaker, I yield use such time within a reasonable period after realities of the modern workforce. myself such time as I may consume. making the request if the use of the compen- For example, in 2011, 59 percent of I rise in opposition to this legisla- satory time does not unduly disrupt the oper- families with children had two working tion, which, again, is no stranger, ations of the employer. parents, compared to 37 percent 40 sadly, to this Congress. This is the fifth ‘‘(8) DEFINITIONS.—For purposes of this sub- years ago. Meanwhile, 8.5 million work- time that the majority party has intro- section— duced it, going back to 1997; and each ‘‘(A) the term ‘employee’ does not include an ers today are single parents, and one in employee of a public agency; and three undergraduate students also time, the huge flaws in this legislation ‘‘(B) the terms ‘overtime compensation’ and works full-time. have resulted in its complete collapse ‘compensatory time’ shall have the meanings Behind each statistic, Mr. Speaker, in terms of getting anything close to given such terms by subsection (o)(7).’’. are men and women trying to juggle real support through both Chambers SEC. 3. REMEDIES. family and work; a single, working and through the executive branch. And Section 16 of the Fair Labor Standards Act of mom that needs extra time to attend a once again, it doesn’t deserve that sup- 1938 (29 U.S.C. 216) is amended— parent-teacher conference, a dad hop- port in this case. (1) in subsection (b), by striking ‘‘(b) Any em- ing to leave work early to catch his Despite the representations made in ployer’’ and inserting ‘‘(b) Except as provided in subsection (f), any employer’’; and son’s Little League game, a married its title, that it promotes workers’ (2) by adding at the end the following: couple working two jobs while raising a flexibility, that it gives workers ‘‘(f) An employer that violates section 7(s)(4) family and caring for an aging relative. choice, the fact of the matter is, a clos- shall be liable to the employee affected in the Supporting a family is about more er examination of the bill shows the amount of the rate of compensation (determined than providing an income; it’s about opposite is true. in accordance with section 7(s)(6)(A)) for each being there for one another. We know The better way to describe this bill is hour of compensatory time accrued by the em- there are a lot of workers who would the More Work, Pay Less bill because ployee and in an additional equal amount as seize the opportunity to earn a few what it does is take the 1938 Fair Labor liquidated damages reduced by the amount of such rate of compensation for each hour of com- extra dollars, but others may welcome Standards Act, which created a bright pensatory time used by such employee.’’. additional paid time off to spend with line to protect people’s right to a 40- SEC. 4. NOTICE TO EMPLOYEES. loved ones. hour work week, and make sure that Not later than 30 days after the date of enact- Shouldn’t workers choose what’s best that next hour after 40 hours is paid for ment of this Act, the Secretary of Labor shall re- for their families? Shouldn’t workers with the time-and-a-half of wages. And, vise the materials the Secretary provides, under choose? again, that created the weekend in regulations published in section 516.4 of title 29, Unfortunately, Federal law denies America. That created the time off Code of Federal Regulations, to employers for many private sector workers this fun- that families have taken for granted as purposes of a notice explaining the Fair Labor damental choice. The law assumes ev- middle class Americans for decades. Standards Act of 1938 to employees so that such eryone would choose more money in What this bill does is it blurs that notice reflects the amendments made to such Act by this Act. the bank over more time with family. line; it creates total chaos in terms of SEC. 5. SUNSET. To add insult to injury, public sector trying to come up with a system to set This Act and the amendments made by this employees have enjoyed this benefit for up ground rules with a case-by-case Act shall expire 5 years after the date of enact- decades; yet we continue to treat those contract, written contract, that’s man- ment of this Act. in the private sector differently. dated by the language of the bill, and

VerDate Mar 15 2010 01:47 May 09, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.005 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2504 CONGRESSIONAL RECORD — HOUSE May 8, 2013 then leaves it to the enforcement of power within the American workforce, employee, a cash-out provision enti- State Labor Departments Wage and once again against the worker, against tling the employee to ask for their paid Hours Divisions, which are totally in- the employee, who basically for far too overtime at any time, and a provision capable of going into the tens of thou- long has suffered in this economy. requiring employers to be found in vio- sands of workplaces all across America We need better solutions. This is not lation of coercion to pay double dam- and trying to figure out whether or the bill. ages. not, in fact, the rules have been fol- I reserve the balance of my time. I want to read—I have lots of quotes lowed. Mr. KLINE. Mr. Speaker, I’m very, from constituents, but there is one in A closer examination of the bill very pleased right now to yield 3 min- particular that sums all of this up. I shows, on page 8 of the bill, in lines 7– utes to the author of this terrific piece got a note from a young lady who lives 10, that, in fact, all these representa- of legislation, a member of the com- a long way from Alabama’s Second tions that the worker gets to choose mittee, the gentlewoman from Ala- Congressional District, in California; are, in fact, not correct. At the end of bama (Mrs. ROBY). and she writes: the day, the employer has the right to Mrs. ROBY. Mr. Speaker, I rise today As a kid growing up with both parents who veto any comp time that this bill has in support of the Working Families worked, I missed a lot of time with them. I allowed to accrue over any period of Flexibility Act of 2013. I thank the gen- am also an only child so I didn’t really spend time. So the notion that somehow a tleman from Minnesota, my chairman, time with my actual family. I was either in person has that choice to accumulate for all of the hard work on this bill and daycare or a friend’s house during the 5-day comp time and then be able to use it the committee, as well. workweek. And if my mom took time off, she wouldn’t get paid over that time period—— for a family vacation, or a family Mr. Speaker, I am proud to sponsor emergency, in fact, does not meet the this bill. And I can tell you, as a work- The SPEAKER pro tempore (Mr. actual plain language of the bill that is ing mom, my husband, Riley, and I cer- YODER). The time of the gentlewoman before us today. tainly relate to and understand the has expired. And that is why organizations that pulls on families that are juggling so Mr. KLINE. I yield the gentlewoman represent working families, organiza- much between their work life and their 1 additional minute. tions that represent women, organiza- home life. If you talk to any working Mrs. ROBY. tions that have been part of employ- mom or dad, you’ll hear them say I didn’t really spend time with my actual ment law for years and years and years things like, wouldn’t it be nice to have family. I was either in daycare or a friend’s house during the 5-day workweek. And if my in this country have resoundingly flexibility to attend my son’s soccer game, coach a tee ball team, take care mom took time off, she wouldn’t get paid come out in opposition to this legisla- over that time period, even though she would tion. Over 160 various organizations of of my aging parent, or be there to sup- work overtime. So when I read about this every stripe representing religious port my children at a time when one of bill, I was touched and compelled to tell you groups, women’s groups, labor groups, the spouses is being deployed by our that if this bill passes it really would change groups that, again, deal with employ- military. people’s lives and help families around ment law have basically looked at this These are all things that working America. Thank you for recognizing how val- legislation for the fifth time and given moms and dads want to be a part of. uable time is to people, and for giving us an option of how to use our time. it thumbs down. Those that have elderly parents want to be there for their parents in their I thought that was compelling. Mr. b 1400 time of need. We can’t legislate an- Speaker, I think that sums up this bill The fact is we should do that. There’s other hour in the workday, but we sure in its entirety. This doesn’t solve our no question, however, that workers do, can give moms and dads a little bit of Nation’s debt problems or our deficit, in fact, need more help in terms of relief when it comes to flexibility in but this provides some relief to work- making sure that the wages that have their workplace. ing families in America, to those work- stagnated over the last three decades Under this bill, no worker could ever ing moms and dads. get more support. And families, again, be forced—despite the claims of my I urge my colleagues to support this are strained by the fact that those colleagues on the other side—no work- bill. stagnating wages have required second er could ever be forced to take time off, Mr. COURTNEY. Mr. Speaker, it is jobs and multiple spouses in the work- paid time off, just like no business my privilege now to yield 2 minutes to force. would ever be forced to offer it. For the minority whip, the gentleman from But the fact is that there are much some people, having paid time off is far Maryland (Mr. HOYER). better solutions than this legislation, more valuable than money. Mr. HOYER. I thank the gentleman the More Work Pay Less Act. In fact, The problem is, Mr. Speaker, that for yielding. what we should do is set up a standard under the current law, the private sec- Mrs. ROBY and I are friends, but we for paid sick leave in this country so tor doesn’t enjoy the same privilege to have a very substantial disagreement that a single parent waking up with a offer this benefit to their workers as about this bill. child whose temperature is over 100 de- the public sector does. And as my col- I call it the Pay Working Families grees doesn’t feel that they have no league was just talking about sick Less bill because what it will result in choice in terms of how to deal with time, sick leave, and the benefits that is a cut in pay for almost everybody. that situation, that they have some we may enjoy in the Federal Govern- Yes, there will be those who will volun- guaranteed opportunity without losing ment, I think that the private sector teer who can afford to do comp time. the pay that they need to put food on should enjoy the benefit that Federal Others will not be. And so they will not the table or put gas in the tank, that employees have now, and that’s com- be able to earn overtime because the they, in fact, have that choice which so pensatory time and the right to choose employer will invariably—not because many of us here as Members of Con- what to do with their time. they’re bad people—but will invariably gress and our staffs certainly take for Our message to Americans, Mr. go to the person that will, in fact, do it granted. We should apply the same Speaker, is very clear. We must get for free. standards in terms of sick pay that we Washington out of the way of how they I understand it’s comp time, but they enjoy to the working people of this use their time. It is your time to won’t get paid. Most workers at this country. choose. level need the pay. They need to pay This bill doesn’t do it. This bill does All existing enforcement remedies their mortgage, they need to pay their not meet that test. Again, it sets up a under the current law are retained; but car payment, and they need to send system that is completely unworkable this legislation goes above and beyond their kids to school. It would, of and unenforceable. It butchers the Fair to incorporate additional protections course, be cheaper to run a business if Labor Standards Act’s bright line that that will prevent coercion and ensure we didn’t pay people at all. But it has protected the American weekend utilizing comp time is truly voluntary, wouldn’t be America. for decades and decades in this coun- including a requirement of a written Mr. Speaker, today in the House it’s try, and in the name of workplace agreement, a voluntary written agree- deja vu all over again. This bill has flexibility, in fact, tips the scales of ment between the employer and the been here before. In 2003 it was pulled

VerDate Mar 15 2010 01:47 May 09, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.035 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 8, 2013 CONGRESSIONAL RECORD — HOUSE H2505 from the floor. Why? Because at that b 1410 ernment out of the way and putting de- point in time, there were a significant Mrs. MCMORRIS RODGERS. I want cisions in the hands of people rather number of Republicans who thought to recognize and express appreciation than Washington bureaucrats. That’s this was a lousy idea and thought it to the chairman of the committee and why we must pass this law. It promotes would undermine the Fair Labor the author of the legislation, Mrs. freedom and choice, and it makes life Standards Act and the pay of working ROBY, for their tremendous leadership easier for Americans all across this people. Unfortunately, there aren’t on this important issue. country. that number of Republicans left in this I’m proud to rise in support of the Mr. COURTNEY. Mr. Speaker, as House. Working Families Flexibility Act be- somebody who was a private sector It’s deja vu all over again not only cause it is time for our labor laws to small employer for over 25 years, I just because this bill would send American enter the 21st century, just like our have to say that today, under existing workers back to the days before the 40- workforce has. law, employers already have the flexi- hour workweek, but we’ve also seen I support this legislation because it bility to give workers paid time off. this same bill introduced and then, as I is time for those in the private sector The only new flexibility this bill gives said, withdrawn. That’s because it to have the same freedom and flexi- is flexibility for employers to not pay would eliminate the 40-hour workweek bility that those in the public sector people overtime. The fact is employers as we know it. have had for years. As a mom, a work- have that choice to give their workers Now, I know my friends on the Re- ing mom, I have two young kids—Cole paid time off. publican side disagree with that is six and Grace is two. I understand With that, I would now like to yield premise. I’ve been an employer. I’ve firsthand how important it is to have 3 minutes to the esteemed chairman of seen employers. They’re not bad peo- the flexibility to meet the demands of our committee, who has led the fight ple, but they’re trying to maximize your job and still the obligation of for working families for over 30 years profits, and they wouldn’t be paying your family. And I am so grateful, like in this Congress, the gentleman from minimum wage if they didn’t have to; millions of working moms in this coun- California (Mr. GEORGE MILLER). and very frankly, the minimum wage is try, that I do have flexibility. It’s not Mr. GEORGE MILLER of California. way below what it ought to be. easy, that’s for sure, but the current Mr. Speaker, this legislation is a shell This bill says that we would provide law makes it way too hard for many game. It’s a trick. It’s a Trojan horse. the workers with comp time, but per- hardworking moms and dads in this If an employer wants to give you time mission as to when a worker could take country. off, as the gentleman from Connecticut accrued comp time would be entirely in The workplace today is not the work- said, the employer can give you time his or her boss’ hands. place of the 1930s, when many of these off. He can give you comp time to go to The SPEAKER pro tempore. The laws and regulations were first written. your parent-teacher conferences, to time of the gentleman has expired. In fact, the most significant economic take care of an ill member of your fam- Mr. COURTNEY. I yield the gen- and sociological change in our society ily, take care of yourself. But they tleman 1 additional minute. in the last half century has been the don’t do that. So they’re going to dan- Mr. HOYER. So that that letter, entry of women into the workforce. gle overtime here. while a very nice letter, doesn’t take Today, 75 percent of women between If you’re willing to work overtime, that into consideration. The result the ages of 25 and 55 are in the work- sometime in the future they might give would be longer hours for workers with force, and we’ve seen a significant you that comp time. But it’s not your no overtime pay and only the hope that growth in the number of working comp time; it’s the comp time that the their bosses will let them take their moms. In fact, today, 60 percent of employer will choose when and where earned time off when asked. How we moms with children under 6 are in the you can take it. So if you work over- have skewed the rules and play against labor force. The workforce has time this week and your child is very the middle working class of America. changed, and it’s time for the laws to sick next week and you ask for the You ought to read the book ‘‘Who Stole change with it. time and he says, no, we’re busy, I the American Dream?’’ by Hedrick Most of our labor laws and regula- can’t give you the time off, you lose. Smith. tions were drafted in the 1930s, at a Your employer can bank up to 160 Workers wishing to collect their time when most households had a sin- hours of your comp time before there’s overtime pay would be forced to wait gle income. For too long, Federal laws any obligation. That’s almost 4 weeks until the end of the year, essentially and regulations have lagged behind, of overtime. For many people, that granting employers an interest-free and it’s time we bring them into the overtime is really important. But this loan. 21st century. This legislation does just bill says your employer can go to you Mr. Speaker, this isn’t fair, it isn’t that. It amends the Fair Labor Stand- and say you can have the overtime— right, and it isn’t going to become law; ards Act to allow the private sector to which may be very important to your and everybody on this floor knows provide time off instead of overtime family budget. It was when I was young that—everybody. All 434 of us that are compensation if that’s what the em- and married and had children. I worked here today know that this bill is not ployee prefers. every hour of overtime I could get going to become law. But we’re wasting Labor laws—written years ago—re- when I was in the Merchant Marines our time on it. Instead of wasting time quire that full-time hourly workers be working on oil tankers. I worked every on a partisan measure that would paid time and a half if they work hour I could get in the canneries. I never make it through the Senate, we longer than 40 hours a week. For the worked every hour I could get in the ought to be working on creating jobs most part, hourly employees who want refineries because I needed that for my and restoring fiscal discipline, not a to take occasional time away from family budget. I didn’t need comp time, partisan rollback of workers’ rights, their jobs either must take annual I needed income. but a bipartisan compromise to help leave or leave without pay. These rules But now the employer says you can put more Americans to work. are particularly outdated given that we have overtime, but I’m going to pay Again, I say, if those Republicans live in a world where people no longer you back in comp time. If you say no, who were Members of this House in 2003 need to be chained to their desk for you have no protections. Your em- were still here, this bill would not be precisely 8 hours a day, especially in ployer might say, okay, I’ll find some- on the floor. light of cell phones and Internet con- body else. Or your employer may offer Mr. KLINE. Mr. Speaker, I’m always nections, mobile offices and part-time it to you again and you say I can’t do interested to listen to the characteriza- work. it, I need the overtime, and then you tions of a bill that simply aren’t true. Current law doesn’t provide any could be fired. It’s my pleasure right now to yield 3 workplace flexibility for those in the They want to keep saying you’re pro- minutes to the gentlewoman from private sector. This legislation changes tected and you have the same rights as Washington, the chair of the Repub- that. It gives private sector employees people in the Federal employment sys- lican Conference, Mrs. MCMORRIS ROD- the same choice as those in the public tem. You don’t. There’s nothing in the GERS. sector, while getting the Federal Gov- law that prevents your employer from

VerDate Mar 15 2010 02:05 May 09, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.037 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2506 CONGRESSIONAL RECORD — HOUSE May 8, 2013 firing you because you can’t work the tor employees have had for years and aren’t parents that would be possibly schedules your employer wants. They used successfully. impacted by the Working Families can say it all day along, but it’s not in This bill is also about time, the extra Flexibility Act of 2013. Currently, pri- this legislation. time workers will have to spend doing vate sector employees do not have the If your employer goes broke before what they want to do or need to do if same choice their public sector coun- the time that they have to give you they decide that’s more important to terparts have enjoyed. Specifically, your comp time, you’re out. And if you them than having a few extra dollars. there are so many obstacles that pre- don’t like the way your employer Mr. Chairman, this bill will make life vent workers from being able to take treated you and fires you because you a little easier for the working men and comp time in lieu of cash wages. This couldn’t possibly do the comp time or women of this great country by giving commonsense piece of legislation re- you couldn’t do the overtime, you can them the freedom to choose how they moves those barriers and gives the pri- go sue in court. How many middle class spend their time. That’s something we vate sector working moms and dads families can go sue their employer in all should support. more flexibility. court, have that kind of money? b 1420 We are getting ready to celebrate This is what it has always been since Mother’s Day this weekend, and I 1997, when this bill was introduced— Mr. COURTNEY. Mr. Speaker, I now wanted to make special note of the dif- 1997. Yes, the workplace has changed. yield 11⁄2 minutes to the Representative ficulties working moms have finding a States and cities and employers are from Oregon, a colleague on the House job that respects their family choices giving people paid time off so they can Education and the Workforce Com- and pressures. I recently finished a take care of their families when they mittee, Ms. BONAMICI. book—talking about books earlier— need to take care of their families. But Ms. BONAMICI. Mr. Speaker, today, I called ‘‘Leaning In’’ by Facebook’s that’s not what this bill is. It’s an as- rise in opposition to H.R. 1406, the so- COO, Sheryl Sandberg. She says, ‘‘Too sault on the 40-hour workweek. It’s an called Working Families Flexibility many standards remain inflexible and assault on overtime. An employer can Act, which would deal yet another dev- unfair, often penalizing women with get the work and never really have to astating blow to working families who children.’’ She notes that 50 percent of pay the overtime. are already scraping by in these tough employed mothers are unable to take If you’re in seasonal employment, if economic times. Let’s look at the time off to care for a sick child. you’re in an up-and-down business, you facts: She also discusses a Human Rights work like crazy and he says okay, Approximately two-thirds of Ameri- Watch study that found parents de- things are slower in this part of the cans are living paycheck to paycheck. layed having their babies immunized or season, take that time off. You don’t Since 2000, hourly wages have flat- dealing with their own health issues get to say, well, I don’t really need lined, but productivity has risen 23 per- because they can’t get time off. The that time off; I wanted to save that cent. study found parents believe ‘‘there is time for a parent-teacher conference. Employee compensation as a share of virtually no protection for workers I’m sorry, we’re going to be busy when national income is at its lowest in 50 seeking flexible schedules.’’ that parent-teacher conference is. years, but corporate profits are strong- The bill on the floor now would give You get what’s going on here? This er than ever. those working moms and dads the isn’t women friendly. This isn’t mom American families are putting in flexibility they want, need, and de- friendly. This isn’t family friendly. longer hours for less pay; and, col- serve. This empowers working parents This is friendly to people who want to leagues, this bill makes things worse. to make the right decisions for their get rid of overtime and break down the If this bill becomes law, which we family. If dad can take work off for a 40-hour week that protects families so know it won’t, a single mom living doctor’s visit, mom can choose to take they’re not working overtime. paycheck to paycheck could work more cash if that’s what she decides. If he Mr. KLINE. Mr. Speaker, I now am than 40 hours a week and receive no can’t, then she can choose to take the pleased to yield 2 minutes to a member overtime pay in her paycheck. She comp time. It gives them that flexi- of the committee, the gentleman from would still have to pay the babysitter bility. Indiana (Mr. MESSER). that week for the extra hours she spent As a woman and a mom who has Mr. MESSER. Thank you, Mr. Chair- on the job with no guarantee she’ll be worked in the public sector and the pri- man. able to take the comp time off when vate sector, I know firsthand how this I rise today in this Chamber as the she needs it. She would have to accept does help working parents, and it helps son of a working, single-parent mother the days off her employer offers—that those government workers attain that who still works at the Delta Faucet might not match her schedule—or else flexibility they deserve. It’s time we factory in Greensburg. wait up to a year to receive the pay bring that flexibility to the private I rise today in this Chamber as the that’s rightfully hers. And if the busi- sector. It’s the 21st century. We have to son of a family who would have bene- ness closes, she’s out of luck and out of reform our workplace. This bill helps fited from the flexibility and the time pay. us accomplish that. I urge adoption. that is presented in the opportunity of Instead of getting a paycheck that Mr. COURTNEY. Mr. Speaker, I yield the Working Families Flexibility Act. includes overtime, she’ll be forced to to the gentlelady from Maryland (Ms. I want to commend my committee decide between an interest-free loan to EDWARDS) for the purpose of a unani- chairman, Representative KLINE from her employer, or time off when it’s con- mous consent request. Minnesota, and I want to commend my venient for her boss, not for her. Under Ms. EDWARDS. Mr. Speaker, I ask committee colleague from Alabama this bill, millions of working families unanimous consent to insert my state- (Mrs. ROBY) for bringing forward this who are already living on the edge ment into the RECORD opposing the commonsense, family friendly legisla- would work longer hours and take GOP’s wretched Mother’s Day gift— tion. home less pay. They would have less more work and less pay for working This bill is about freedom, the free- flexibility, not more. moms. Happy Mother’s Day. dom to choose whether working over- Colleagues, if we really want to talk The SPEAKER pro tempore. Is there time means more money in your pock- about flexibility, let’s talk about paid objection to the request of the gentle- et or more time to spend with your sick leave. I urge my colleagues to woman from Maryland? family. take a stand for working people and op- There was no objection. This bill is about equality, the equal- pose this bill. Ms. EDWARDS. Mr. Speaker, today I rise in ity of giving private sector employees Mr. KLINE. Mr. Speaker, I am now opposition to H.R. 1406, the deceptively- the same opportunities that their pub- pleased to yield 2 minutes to the gen- named, Working Families Flexibility Act—or, lic sector counterparts have had for tlelady from Indiana, a member of the as I call it, The Working Families to Death Act. years. Despite the rhetoric on the committee, Mrs. BROOKS. This bill—which is really an old, recycled idea other side of the aisle, this act provides Mrs. BROOKS of Indiana. Mr. Speak- from 1997—would allow employers to provide private sector employees the same er, I rise today in strong support on be- hourly workers with comp time rather than kinds of opportunities that public sec- half of moms and dads and those who paying time-and-a-half on wages for more

VerDate Mar 15 2010 02:05 May 09, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\K08MY7.039 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 8, 2013 CONGRESSIONAL RECORD — HOUSE H2507 than 40 hours of work. Simply, for hourly This misnamed ‘‘Working Families Flexibility Ms. TSONGAS. Mr. Speaker, I ask workers, this bill equals more work for less Act’’ only offers greater flexibility to employers unanimous consent to insert my state- pay. and lower wages to workers. Under this meas- ment into the RECORD opposing the Republicans have stated that ‘‘hourly work- ure, workers will not get paid for hours that ex- GOP’s indefensible Mother’s Day gift— ers do not have the same rights that salaried ceed 40 hours per week. That compensation more work and less pay for working employees and all federal employees have.’’ will instead go into a fund controlled by their moms. Happy Mother’s Day. And that they are ‘‘trying to make equity and employer. The SPEAKER pro tempore. Is there fairness.’’ Further, they highlight that ‘‘flexible Employers would be allowed to refuse a objection to the request of the gentle- work arrangements have been available to worker time off to deal with a family member woman from Massachusetts? federal government workers since 1978’’ and or attend a parent-teacher conference. This is There was no objection. ‘‘it is high time that the workers in the private not real flexibility for workers. This proposal is The SPEAKER pro tempore. The gen- sector of this country enjoy the same bene- simply another assault on working families and tleman from Connecticut’s time will be fits.’’ it should be defeated. charged. Can you guess when those statements were It is particularly ironic that House Repub- Mr. COURTNEY. Mr. Speaker, I now made? Not this week or last week but in 1997 licans would offer this legislation in the week yield to the gentlelady from California and 2003. Today’s latest attempt to pass this leading up to Mother’s Day. As working (Ms. ROYBAL-ALLARD) for the purpose ‘‘comp time’’ bill is part of the GOP’s rebrand women and mothers in New York and of a unanimous consent request. to become more family-friendly. The bill’s throughout the nation struggle with a tough Ms. ROYBAL-ALLARD. Mr. Speaker, sponsor stated, ‘‘time is more precious to [a economy, this ill-conceived measure would I ask unanimous consent to insert my working father] than the cash payments.’’ pull the rug out from under them, making them statement into the RECORD opposing In reality, this bill creates more flexibility for work more for less compensation. the GOP’s thoughtless Mother’s Day employers and places workers at risk of being It is time to focus on real solutions that help gift—more work and less pay for work- fired if they choose overtime pay to help meet working families prosper. Vote down this bill ing moms. their obligations rather than comp time. I urge so we can focus on creating jobs, speeding The SPEAKER pro tempore. Is there my colleagues to oppose this bill and work on our economic recovery and addressing chal- objection to the request of the gentle- policies that provide true, earned flexibility and lenges faced by working men and women. woman from California? fair wages for all workers. Mr. COURTNEY. Mr. Speaker, I now There was no objection. The SPEAKER pro tempore. A Mem- yield to the gentlelady from California The SPEAKER pro tempore. The gen- ber asking to insert remarks may in- (Mrs. NAPOLITANO) for the purpose of a tleman from Connecticut’s time will be clude a simple declaration of sentiment unanimous consent request. charged. toward the question under debate but Mrs. NAPOLITANO. Mr. Speaker, I Ms. ROYBAL-ALLARD. Mr. Speaker, I join should not embellish the request with ask unanimous consent to insert my my colleagues in opposition to H.R. 1406, the extended oratory. statement into the RECORD opposing Republican More Work, Less Pay Act. The gentleman from Connecticut is the GOP’s shameful Mother’s Day Hardworking American families deserve rea- recognized. gift—more work and less pay for work- sonable working hours and scheduling flexi- Mr. COURTNEY. Thank you, Mr. ing moms. Happy Mother’s Day. bility, livable wages, fair overtime pay and job Speaker. The SPEAKER pro tempore. Is there security. Unfortunately, H.R. 1406 is a mis- I now yield to the gentlelady from objection to the request of the gentle- guided policy which provides none of these. New York (Mrs. LOWEY) for the purpose woman from California? American workers need real choices in the of a unanimous consent request. There was no objection. workplace which put the interests of American Mrs. LOWEY. I ask unanimous con- The SPEAKER pro tempore. The gen- sent to insert my statement into the families first. They don’t need stunts like H.R. tleman from Connecticut’s time will be 1406. RECORD opposing the GOP’s dubious charged. Mr. COURTNEY. Mr. Speaker, I now Mother’s Day gift—more work and less Mr. COURTNEY. Mr. Speaker, I yield yield to the gentlelady from Con- pay for working moms. Happy Mother’s to the gentlelady from Nevada (Ms. necticut (Ms. ESTY) for the purpose of Day. TITUS) for the purpose of a unanimous The SPEAKER pro tempore. Is there a unanimous consent request. consent request. Ms. ESTY. Mr. Speaker, I ask unani- objection to the request of the gentle- Ms. TITUS. Mr. Speaker, I ask unani- mous consent to insert my statement woman from New York? mous consent to insert my statement There was no objection. into the RECORD opposing the GOP’s The SPEAKER pro tempore. The into the RECORD opposing the GOP’s scandalous Mother’s Day gift—more Chair would advise Members to confine deplorable Mother’s Day gift—more work and less pay for working moms. their unanimous-consent request to a work and less pay for working mothers. Happy Mother’s Day. simple declarative statement of the Happy Mother’s Day. The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Is there Member’s attitude toward the measure. objection to the request of the gentle- objection to the request of the gentle- Further embellishments will result in a woman from Connecticut? deduction of time from the yielding woman from Nevada? There was no objection. There was no objection. The SPEAKER pro tempore. The gen- Member. The SPEAKER pro tempore. The gen- The gentleman from Connecticut is tleman from Connecticut’s time will be tleman from Connecticut’s time will be recognized. charged. Mr. COURTNEY. Mr. Speaker, I now charged. Mr. COURTNEY. Mr. Speaker, I yield Ms. TITUS. Mr. Speaker, the Working Fami- yield to the gentlelady from New York to the gentlelady from California (Ms. lies Flexibility Act, more aptly called the ‘‘Pay- (Ms. VELA´ ZQUEZ) for the purpose of a WATERS) for the purpose of a unani- unanimous consent request. ing Working Families Less Act,’’ would have a mous consent request. Ms. VELA´ ZQUEZ. Mr. Speaker, I ask negative impact on families in Nevada and Ms. WATERS. Mr. Speaker, I ask unanimous consent to insert my state- across the country. H.R. 1406 offers the unanimous consent to insert my state- ment into the RECORD opposing the empty choice of comp time in lieu of overtime ment into the RECORD opposing the GOP’s reprehensible Mother’s Day wages without providing sufficient employee GOP’s vile Mother’s Day gift—more gift—more work and less pay for work- protections or real flexibility for workers to use work and less pay for working moms. ing moms. Happy Mother’s Day. their comp time when they need it the most. Happy Mother’s Day. The SPEAKER pro tempore. Is there Nevadans are already struggling to make ends The SPEAKER pro tempore. Is there objection to the request of the gentle- meet while caring for their families. I oppose objection to the request of the gentle- woman from New York? H.R. 1406 because I believe that our nation woman from California? There was no objection. needs legislation that will protect working There was no objection. The SPEAKER pro tempore. The gen- Americans and strengthen the middle class. The SPEAKER pro tempore. The gen- tleman from Connecticut’s time will be This legislation does the opposite. tleman from Connecticut’s time will be charged. Mr. COURTNEY. Mr. Speaker, I yield charged. Ms. VELA´ ZQUEZ. Mr. Speaker, I rise in op- now to the gentlelady from Massachu- Ms. WATERS. Mr. Speaker, I rise in opposi- position to the ‘‘GOP’s Mothers’’ Day Gift: setts (Ms. TSONGAS) for the purpose of tion to H.R. 1406. This bill should be known More Work, Less Pay.’’ a unanimous consent request. as the ‘‘More Work Less Pay Act.’’

VerDate Mar 15 2010 02:05 May 09, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\CR\FM\A08MY7.006 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2508 CONGRESSIONAL RECORD — HOUSE May 8, 2013 Congress passed the Fair Labor Standards lican leadership has chosen instead to focus Under this bill, employers could offer comp Act (FLSA) in 1938 to encourage a 40-hour on legislation that cuts the pay of working fam- time to replace earned time-and-a-half wages workweek. FLSA also ensured that hourly ilies. for overtime. But workers who opt for that time workers would be fairly compensated for work- A pay cut called flexibility is still a pay cut. off would not be guaranteed to get it when ing over 40 hours a week. 75 years later, we Mr. COURTNEY. Mr. Speaker, I now they want it—employers would have the right are now debating a bill that will, in effect, yield to the gentlelady from the Virgin to deny comp time off requests, even if the re- eliminate overtime pay for millions of hourly Islands (Mrs. CHRISTENSEN) for the pur- quest was needed for a personal or family workers. pose of a unanimous consent request. emergency. Employers could dictate when you Last year, nearly 60 percent of the work- Mrs. CHRISTENSEN. Mr. Speaker, I got your comp time—and they could make force in this country aged 16 and over, were ask unanimous consent to insert my those decisions unilaterally. If you want to take paid an hourly wage. This amounts to 75.3 statement into the RECORD opposing comp time to care for a loved one or see your million people in the United States according the GOP’s deplorable Mother’s Day daughter in a school play, your employer can to the Bureau of Labor and Statistics. gift—more work and less pay for work- say no. And you have no right to appeal. And Further, the Bureau found that 3.6 million of ing moms. Happy Mother’s Day. if the business closes or lays you off before these workers earn wages at or below the fed- The SPEAKER pro tempore. Is there you have a chance to use your comp time, eral minimum wage of $7.25 per hour. I rep- objection to the request of the gentle- you get nothing at all. resent the 43rd congressional district of Cali- woman from the Virgin Islands? Under this bill, a worker would have the op- fornia. In my home state, the minimum wage There was no objection. tion of foregoing overtime pay and hoping that is 8.00 an hour. The impact of an $8.00 min- The SPEAKER pro tempore. The gen- sometime in the future she can get time off imum wage is clear. We have one of the low- tleman from Connecticut’s time will be when she needs it, not when it’s convenient est percentages of workers who are earning at charged. for her employer. That’s option one—work or below the federal minimum wage. There Mrs. CHRISTENSEN. Mr. Speaker, I join more and get paid less. Or she can take op- are several states that cannot say the same. women Democratic Members in opposition to tion two: demand overtime pay and find out Yet, like in all states, Californian’s who earn this H.R. 1406—a ‘‘more work, less pay bill.’’ that another worker—one who is willing to ac- overtime still rely upon that extra income. Contrary to the title of this bill, it will take cept the employer’s offer of future comp The legislation before us today needlessly away the right workers currently have to over- time—is given the extra hours. targets millions of workers. These workers time pay and instead authorize employers to That unfairness is the reason that over 160 have come to rely on their overtime to make substitute compensatory time to private sector organizations representing working women op- ends meet. We are not talking about million- employees. This bill is a smoke and mirrors pose H.R. 1406—groups like Jewish Women aires but everyday hard working men and proposal that sets up a deplorable false choice International, the Coalition of Labor Union women. They utilize their added income to pay between time and money when working fami- Women, the National Council of Women’s Or- their rent and mortgages. They are using their lies need both. ganizations, Wider Opportunities for Women, overtime to feed their families and clothe their H.R. 1406 allows employers to offer comp the National Women’s Law Center, and the children. Hourly workers in this country are time in lieu of overtime to their hourly workers National Partnership for Women and Families. working overtime to pay for gas for their cars without guaranteed right to use the time when The U.S. Women’s Chamber of Commerce or pay their bus fare to get to work. they need it, even in time of a personal or also opposes this bill. Their CEO Margot H.R. 1406 provides absolutely no legitimate family emergency. The Republicans try to Dorfman writes, ‘‘H.R. 1406 would reward incentive for employers to give their employ- compare this benefit to federal employees but those employees who agree to ‘‘comp time’’ in ees time off. Under this bill, an employer could this is not a fair comparison. Hourly workers lieu of overtime payments. Employers defer paying overtime for up to a year. This do not have the same rights that salaried em- incentivized by a reduced payroll might well would, in effect, provide an employer with an ployees and federal employees have. Com- give ‘‘comp time’’ employees the preferred interest free loan. pensatory agreements can be terminate at the shifts, the needed hours, and the promotions. Under this ‘‘More Work Less Pay’’ bill work- will of the employer. This legislation short- There is no protection in H.R. 1406 against ers are not guaranteed compensatory time, changes workers both financially and this kind of employer behavior.’’ commonly known as ‘‘comp’’ time. An em- logistically. The American Sustainable Business Council ployer retains the right to refuse to grant comp This must not be done at any time, but cer- and Restaurant Opportunities Center United time. Under current law, workers are required tainly not at a time, when households are joins in opposition to H.R. 1406, because it to receive their overtime pay in their very next challenged by rising cost of living, they need ‘‘would create headaches for any employer check. cash for their time. who must track banked hours across multiple If an employer fails to pay overtime to their This idea did not work in 1997, 2003 and employees.’’ They add, it ‘‘becomes a sched- employee then the employee has a right to will not work in 2013. uling and accounting challenge when employ- sue his or her employer. In 2011, the Labor I urge my colleagues to oppose this legisla- ees decide to trade in banked hours, requiring Department recovered $225 million in back tion. business owners to make unexpected shifts in wages for employees. In that same year, there Mr. COURTNEY. Mr. Speaker, I yield personnel and paychecks. Obviously, small were 7,006 wage and hour suits filed in fed- to the gentlelady from Illinois (Ms. businesses with fewer resources and employ- eral court. The numbers of employees suing SCHAKOWSKY) for the purpose of a unan- ees would be even harder hit by these enor- their employers for back wages has steadily imous consent request. mous logistics than larger corporations.’’ increased. Ms. SCHAKOWSKY. Mr. Speaker, I It’s true that working women and men need Today, thousands of workers are currently ask unanimous consent to insert my greater flexibility and the ability to balance fighting to ensure they are receiving their statement into the RECORD opposing family and job obligations. That’s why today earned income. This is not the time to add into the GOP’s disrespectful Mother’s Day we should be debating the Healthy Families the fray, ‘‘comp’’ time flexibility and overtime gift—more work and less pay for work- Act to guarantee paid sick leave. We should pay cuts. If this bill did as it claimed and pro- ing moms. Happy Mother’s Day. be debating expansion of the Family and Med- vided hourly workers with flexibility then there The SPEAKER pro tempore. Is there ical Leave Act to provide the paid leave need- would be thousands of workers marching to objection to the request of the gentle- ed to allow working women and men to ad- D.C. championing this bill, instead nearly 200 woman from Illinois? dress family needs. labor unions and women’s organizations op- There was no objection. Instead, the Republican majority has de- pose this measure. The SPEAKER pro tempore. The gen- cided to bring this bill to the floor—a bill that I believe we can all agree that working fami- tleman from Connecticut’s time will be threatens overtime pay and gives employers lies do need flexibility. They need the flexibility charged. more ability to determine schedules for their that their extra earned income can afford Ms. SCHAKOWSKY. Mr. Speaker, I rise in workers. That is no solution for working fami- them. strong opposition to H.R. 1406, the misnamed lies. The Jobs Report released last Friday re- ‘‘Working Families Flexibility Act.’’ This bill Mr. COURTNEY. Mr. Speaker, I yield flected that our economy added 165,000 new would take away critical overtime pay from to the gentlelady from Alabama (Ms. jobs in the month of April. Instead of focusing families still struggling from the effects of the SEWELL) for the purpose of a unani- on legislation to create additional jobs, boost Great Recession. It might provide more flexi- mous consent request. our economy, and increase the earning poten- bility for some businesses, but it would create Ms. SEWELL of Alabama. Mr. Speak- tial of workers in the United States. Repub- real hardship for everyone else. er, I ask unanimous consent to insert

VerDate Mar 15 2010 02:05 May 09, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.012 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 8, 2013 CONGRESSIONAL RECORD — HOUSE H2509 my statement into the RECORD oppos- Under current law (the Fair Labor Standards a fair wage. This is an important component of ing the GOP’s appalling Mother’s Day Act), employers are required to pay workers a capitalistic system that should be valued and gift—more work and less pay for work- time-and-a-half cash for hours worked in ex- respected. ing moms. Happy Mother’s Day. cess of 40 hours per week. The bill fails to mention that workers already The SPEAKER pro tempore. Is there According to statisticians with the U.S. Bu- have the right to ask for ‘‘comp time’’ within objection to the request of the gentle- reau of Labor Statistics there is no survey to any 40-hour workweek when they need it. woman from Alabama? offer insight on the issues addressed in this What is not allowed is an employer making There was no objection. bill—the desire of employees to receive ‘‘comp the decision that workers must take ‘‘comp The SPEAKER pro tempore. The gen- time’’ instead of cash for their work. time’’ when they work overtime. tleman from Connecticut’s time will be We do know that if the Education and the H.R. 1406 places unnecessary competitive charged. Workforce Committee had accepted Con- pressure on employees to accept ‘‘comp time’’ Mr. COURTNEY. Mr. Speaker, I yield gressman JOE COURTNEY’s amendment in the because employers believe it is an easy way to the gentlelady from California (Ms. nature of a substitute when the bill was to reduce operational costs for their busi- HAHN) for the purpose of a unanimous marked up in full Committee—workers would nesses. H.R. 1406 provides no meaningful consent request. have something to be cheering about today. protection against employers pressuring work- Ms. HAHN. Mr. Speaker, I ask unani- His amendment would have created 56 hours ers to enter into ‘‘comp time’’ agreements. mous consent to insert my statement of paid medical leave for employees to use The first quarter of 2013 according to the into the RECORD opposing the GOP’s when they needed it. Bureau of Labor Statistics recorded an in- dreadful Mother’s Day gift—more work The Administration along with many of my crease of overtime hours worked to 4.3 hours and less pay for working moms. Happy colleagues will not support H.R. 1406—and it per week for manufacturing jobs this is an in- Mother’s Day. will not become law for very good reasons. crease over the last quarter of 2012. If Con- The SPEAKER pro tempore. Is there H.R. 1406 supporters say that it would not gress allows the free market to work then the objection to the request of the gentle- prevent employers from cutting the overtime numbers of employed persons will increase. woman from California? hours and reducing the take-home pay of em- ‘‘COMP TIME’’ WOULD THREATEN THE PROTECTIONS There was no objection. ployees who currently have the right to over- OFFERED BY THE 40 HOUR WORKWEEK The SPEAKER pro tempore. The gen- time compensation. But will workers be in a The Fair Labor Standards Act (FLSA) of tleman from Connecticut’s time will be position to assert this right given the economic 1938 established the 40-hour workweek to charged. climate and their own situations. allow employees to spend more time away Mr. COURTNEY. Mr. Speaker, I yield So-called ‘‘comp time’’ or the ‘‘company from work and encourage employers to hire to the gentlelady from Florida (Ms. time’’ legislation would allow employers to pay more staff when workloads increase. The CASTOR) for the purpose of a unani- workers nothing for overtime work at the time FLSA’s only incentive for employers to main- mous consent request. the work is performed—in exchange for a tain a 40-hour workweek is the requirement Ms. CASTOR of Florida. Mr. Speaker, promise of time off in the future. that they pay a time-and-a-half cash premium I ask unanimous consent to insert my ‘‘COMP TIME’’ WOULD REDUCE NEW WORKER AND COULD for overtime. statement into the RECORD opposing JEOPARDIZE EXISTING WORKER TAKE HOME PAY The cost of labor is a factor in helping to ex- the GOP’s awful Mother’s Day gift— According to the U.S. Bureau of Labor Sta- pand the numbers of employed persons in our more work and less pay for working tistics the average weekly overtime hours for nation. When employers see the cost savings moms. Happy Mother’s Day. manufacturing workers in 2012 was 4.2 hours associated with hiring more workers as the The SPEAKER pro tempore. Is there or over 44 hours a week. In a year 4.2 addi- hours worked by existing employees increase objection to the request of the gentle- tional hours of overtime, considering 2 weeks labor cost due to overtime pay—they hire woman from Florida? for vacation would total 210 hours. more workers. There was no objection. The average income of a Boilermaker with The Bureau of Labor Statistics counts over- The SPEAKER pro tempore. The gen- less than 2 years of experience would earn time as a benefit not as pay. If the result of tleman from Connecticut’s time will be $35,856.00 a year or about $18 an hour. In the bill is to have employees work more hours, charged. real dollar terms, a Boilermaker making $18 but without the guarantee of compensation—it b 1430 an hour, when working overtime would earn is flawed. Mr. COURTNEY. I yield to the gen- $27 an hour. Under H.R. 1406, the total for- The 40-hour workweek discourages employ- tlelady from Texas (Ms. JACKSON LEE) gone hours for the average workweek for a ers from demanding overtime by making over- for the purpose of a unanimous consent manufacturing worker over a year is 210 time more expensive. request. hours—if the worker is a Boilermaker it means This bill by contrast, encourages employers Ms. JACKSON LEE. I ask unanimous a loss of $5,670 annually. to demand more overtime by making overtime consent to insert my statement in the The bill’s text suggests that existing workers less expensive. RECORD opposing the GOP’s revolting will retain their right to receive overtime pay This gives all of the power to employers to Mother’s Day gift—more work, less pay and that only new employees would fall under demand their employees work longer hours for working moms. Happy Mother’s the ‘‘comp time’’ provisions. The bill attempts without adequate compensation. Day. to divide existing workers and new workers by By making it cheaper for employers to de- The SPEAKER pro tempore. Is there denying one group of workers something as mand overtime, ‘‘comp time’’ would lead to objection to the request of the gentle- basic as equal pay for equal work. This may more mandatory overtime, longer hours, and woman from Texas? lead some employers to prefer their workers more unpredictable work schedules for work- There was no objection. who are not protected by wage laws. ers. The SPEAKER pro tempore. The gen- The reality is all workers in this economy This bill also makes it harder for America’s tleman from Connecticut’s time will be face the potential fallout from a change in workers to have their rights enforced by the charged. labor laws that reduce protection of monetary Department of Labor. Amending the law to Ms. JACKSON LEE. Mr. Speaker, I rise in compensation for work done. weaken work for pay requirements would re- strong and unyielding opposition to H.R. 1406, ‘‘COMP TIME’’ WOULD HURT WORKERS AND THEIR sult in even more widespread violation of the the so-called ‘‘Working Families Flexibility Act FAMILIES overtime law and more workers working longer of 2013.’’ I thank Mr. COURTNEY for this oppor- Another clue that this bill may be way off hours for less pay. tunity to speak on behalf and in support of the the mark for what workers need—is the reac- ‘‘COMP TIME’’ IS A PAY CUT FOR AMERICA’S WORKERS working women and men in my District and tion of organized labor to it being brought be- Millions of workers depend on cash over- against this terrible bill, which has been of- fore the House of Representatives for a vote. time to make ends meet and pay their hous- fered repeatedly over several Congresses, Labor is in strong opposition to H.R. 1406 be- ing, food, and other living expenses. and each time it has found strong opposition cause they know what this bill would mean to These workers would see a substantial re- and ultimate defeat. workers and their families, just as I and many duction in their take-home pay if they were This bill should it become law would take in- of you know—it would mean forced labor compensated with time off rather than cash up come out of the hands of workers and their hours without giving workers the guaranteed front. families. When the economy is weak—workers right to get paid for their work. The skill ac- It is true that ‘‘comp time’’ is paid leave, but and their families need more protection not quired by a worker is something they own and most workers would have been paid anyway if less. can bring to the market place in exchange for they had not taken the time off, and under

VerDate Mar 15 2010 04:18 May 09, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 7634 Sfmt 9920 E:\CR\FM\K08MY7.049 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2510 CONGRESSIONAL RECORD — HOUSE May 8, 2013 H.R. 1406 they are paid nothing for their over- pay for overtime work and time off from work Ms. SPEIER. I thank the gentleman time work at the time they work it. under the Fair Labor Standards Act. for yielding. Again, H.R. 1406 takes the power out of the I urge my colleague to bring to the floor true I ask unanimous consent to insert hands of the employees. H.R. 1406 does not workplace advancement legislation and op- my statement into the RECORD oppos- ensure that workers’ choice to reduce their in- pose the H.R. 1406. ing the GOP’s ‘‘shame on you’’ Moth- come through ‘‘comp time’’ is truly voluntary. Mr. COURTNEY. I yield to the gen- er’s Day gift—more work and less pay H.R. 1406 provides no meaningful protec- tlelady from Arizona (Mrs. Kirk- for working moms. tion against employers assigning overtime patrick) for the purpose of a unani- Is this really what we want to give work preferentially to employees who accept mous consent request. mothers on Mother’s Day? ‘‘comp time’’. Mrs. KIRKPATRICK. I ask unani- The SPEAKER pro tempore. Is there Under H.R. 1406, employers can schedule mous consent to insert my statement objection to the request of the gentle- workers to work up to 160 hours of ‘‘comp in the RECORD opposing the GOP’s mis- woman from California? time.’’ Workers will be cheated out of their ac- erable Mother’s Day gift—more work There was no objection. crued overtime earnings when their employer and less pay for working moms. Happy The SPEAKER pro tempore. The gen- goes bankrupt. Mother’s Day. tleman from Connecticut’s time will be I stand today with America’s workers. We The SPEAKER pro tempore. Is there charged. are united in opposition to H.R. 1406, the objection to the request of the gentle- Mr. COURTNEY. I now yield to the Working Families Flexibility Act of 2013. woman from Arizona? gentlelady from California (Ms. MAT- If Congress wants to do something for work- There was no objection. SUI) for the purpose of a unanimous ers we should support the President’s Budget The SPEAKER pro tempore. The gen- consent request. for state paid leave programs. His proposal tleman from Connecticut’s time will be Ms. MATSUI. Thank you very much. would not force workers to choose between charged. I ask unanimous consent to insert taking time off for family needs and receiving Mr. COURTNEY. I yield now to the my statement in the RECORD opposing income, or even risk losing their jobs. The gentlelady from New Mexico (Ms. the GOP’s heartless Mother’s Day President’s minimum wage proposal would LUJAN GRISHAM) for the purpose of a gift—more work and less pay for work- also support working families by making sure unanimous consent request. ing moms. Happy Mother’s Day. that all workers receive enough hourly income Ms. MICHELLE LUJAN GRISHAM of The SPEAKER pro tempore. Is there to make ends meet. New Mexico. I ask unanimous consent objection to the request of the gentle- That is why I oppose H.R. 1406 and urge to insert my statement in the RECORD woman from California? my colleagues to join me in voting against this opposing the GOP’s dubious Mother’s There was no objection. terrible legislation. Day gift—more work and less pay for The SPEAKER pro tempore. The gen- Mr. COURTNEY. I yield to the gen- working moms. Happy Mother’s Day. tleman from Connecticut’s time will be The SPEAKER pro tempore. Is there tlelady from New York (Mrs. MALONEY) charged. for the purpose of a unanimous consent objection to the request of the gentle- Mr. COURTNEY. I yield to my neigh- request. woman from New Mexico? bor and good friend, the gentlelady There was no objection. Mrs. CAROLYN B. MALONEY of New from Connecticut (Ms. DELAURO), for The SPEAKER pro tempore. The gen- York. I ask unanimous consent to in- the purpose of a unanimous consent re- tleman from Connecticut’s time will be sert my statement in the RECORD op- quest. charged. Ms. DELAURO. I ask unanimous con- posing the GOP’s bill. It should be Mr. COURTNEY. I yield now to the called the Fake Flexibility Act and sent to insert my statement in the gentlelady from Texas (Ms. JOHNSON) RECORD in opposition of a sham bill should more aptly be named More for the purpose of a unanimous consent that, in fact, takes money away from Work For Less Pay For Working Moth- request. ers. Ms. EDDIE BERNICE JOHNSON of men and women, particularly from Happy Mother’s Day. Texas. Mr. Speaker, I ask unanimous women, and that is in no way a way to The SPEAKER pro tempore. Is there consent to insert my statement in the ensure the economic security of women objection to the request of the gentle- in this Nation. RECORD opposing the GOP’s unscrupu- The SPEAKER pro tempore. Is there woman from New York? lous Mother’s Day gift—more work and objection to the request of the gentle- There was no objection. less pay for working mothers. Happy The SPEAKER pro tempore. The gen- woman from Connecticut? Mother’s Day to all mothers. tleman from Connecticut’s time will be The SPEAKER pro tempore. Is there There was no objection. charged. objection to the request of the gentle- The SPEAKER pro tempore. The gen- Mrs. CAROLYN B. MALONEY of New York. woman from Texas? tleman from Connecticut’s time will be Mr. Speaker, I rise in opposition to the Major- There was no objection. charged. ity’s so-called Working Families Flexibility Act. The SPEAKER pro tempore. The gen- Mr. COURTNEY. I now yield to the The American people should not be deceived tleman from Connecticut’s time will be gentlelady from Florida (Ms. FRANKEL) by this fake advertising. charged. for the purpose of a unanimous consent True workplace flexibility should be a two- Mr. COURTNEY. I now yield to the request. way street for both employees and employers. gentlelady from California (Mrs. Ms. FRANKEL of Florida. I ask I am a longtime sponsor of work-life balance CAPPS) for the purpose of a unanimous unanimous consent to insert my state- legislation, including the original bill titled the consent request. ment in the RECORD opposing the ‘‘Working Families Flexibility Act’’ that provides Mrs. CAPPS. Thank you to my col- GOP’s uncaring Mother’s Day gift— both employers and employees with protec- league for yielding. more work and less pay for working tions in discussing flexible work arrangements. I ask unanimous consent to insert moms. Happy Mother’s Day. Over the last 50 years there have been tre- my statement in the RECORD opposing The SPEAKER pro tempore. Is there mendous changes to our workforce. According the GOP’s appalling Mother’s Day gift. objection to the request of the gentle- to the U.S. Census Bureau, more than 70 per- Happy Mother’s Day by giving more woman from Florida? cent of children are raised in families that are work and less pay to working moms. There was no objection. headed by either a working single parent or The SPEAKER pro tempore. Is there The SPEAKER pro tempore. The gen- two working parents. In addition, studies show objection to the request of the gentle- tleman from Connecticut’s time will be that 60 percent of those who provide care to woman from California? charged. an adult or to a child with special needs are There was no objection. Mr. COURTNEY. Mr. Speaker, if I employed. The SPEAKER pro tempore. The gen- could be given the time remaining, I’d The numbers show the real case for flexi- tleman from Connecticut’s time will be appreciate it. bility in the workplace. charged. The SPEAKER pro tempore. The gen- And yet, Americans must not be deceived Mr. COURTNEY. I now yield to the tleman from Connecticut has 151⁄4 min- about the recycled bill on the floor this week. gentlelady from California (Ms. utes remaining. The more aptly named ‘‘More Work, Less Pay SPEIER) for the purpose of a unanimous Mr. COURTNEY. I reserve the bal- Act’’ undermines the basic guarantees of fair consent request. ance of my time.

VerDate Mar 15 2010 02:05 May 09, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.011 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 8, 2013 CONGRESSIONAL RECORD — HOUSE H2511 Mr. KLINE. May I inquire as to the ment in the RECORD opposing the rep- to her employer. If the employer goes time remaining on our side. rehensible Mother’s Day gift—more bankrupt in that year, Donna is out of The SPEAKER pro tempore. The gen- work and less pay for working moms. the money altogether. tleman from Minnesota has 16 minutes Happy Mother’s Day. This is not about flexibility. It’s remaining. The SPEAKER pro tempore. Is there about the conversion of someone’s Mr. KLINE. I want to thank my col- objection to the request of the gentle- wages and assets. This is an assault on leagues on the other side. It was an ex- woman from New York? the 40-hour workweek. It is not worthy cellent show. It expanded the lexicon in There was no objection. of this institution. It’s wrong for our the thesaurus. The SPEAKER pro tempore. The gen- country. We should vote ‘‘no.’’ I now yield 2 minutes to a member of tleman from Connecticut’s time will be b 1440 the committee, a subcommittee chair- charged. Mr. KLINE. Mr. Speaker, I need to man, the gentleman from Tennessee Mr. COURTNEY. I now yield to the inquire again as to the time remaining (Mr. ROE). gentlelady from New Hampshire (Ms. because as I listened to my colleagues Mr. ROE of Tennessee. I thank the SHEA-PORTER) for the purpose of a come down for unanimous consent re- chairman. unanimous consent request. quests, it seems to me I heard the Mr. Speaker, I rise in support of H.R. Ms. SHEA-PORTER. Thank you. Speaker saying that the gentleman’s 1406, and I encourage my colleagues to I ask unanimous consent to insert time was going to be charged. How did support this. my statement in the RECORD opposing that add up? In my previous life, I served as an the GOP’s awful Mother’s Day gift— The SPEAKER pro tempore. The gen- employer for over 30 years, as a single more work and less pay for working tleman from Connecticut has 131⁄2 min- parent and as a mayor of a city. moms. Happy Mother’s Day. utes remaining, and the gentleman We had an issue several years ago The SPEAKER pro tempore. Is there from Minnesota has 141⁄2 minutes re- with our fire department on compen- objection to the request of the gentle- maining. satory pay versus overtime. We agreed woman from New Hampshire? Mr. KLINE. Thank you, Mr. Speaker. with the firefighters. It worked out There was no objection. That’s interesting math. fine. The firefighters all understood The SPEAKER pro tempore. The gen- I’m now pleased to yield 2 minutes to they couldn’t all be gone on the same tleman from Connecticut’s time will be a friend and colleague, the gentlelady day. They worked with us great, and it charged. from North Carolina (Mrs. ELLMERS). was not a problem. It works in the pub- Mr. COURTNEY. Mr. Speaker, it is Mrs. ELLMERS. Mr. Speaker, I lic sector. I don’t know why it cannot now my honor to yield 11⁄2 minutes to thank the chairman and the committee work in the private sector. an outstanding colleague on the Edu- for all the hard work that you’ve done, All this bill does is leave the decision cation and the Workforce Committee, and especially to my good friend and to receive comp time. It’s completely the gentleman from New Jersey (Mr. fellow Republican Women’s Policy voluntary. You don’t have to do it. You ANDREWS). Committee member, Representative can choose to do it if you want to. (Mr. ANDREWS asked and was given MARTHA ROBY, who introduced this Number two, workers can withdraw permission to revise and extend his re- very important bill because she real- from the comp time agreement when- marks.) izes that as a mother of two children ever they choose. They can do that. It’s Mr. ANDREWS. So it’s Friday after- that the workplace must change to not a problem. All existing protections noon at the nursing home, and Debbie adapt to our increasingly stressful in the Fair Labor Standards Act are and Donna are approached by the boss. lives. maintained, the 40-hour workweek and The boss says, I have 5 hours of over- Americans are struggling to balance how overtime compensation is accrued. time this weekend. You can either have their lives, doing everything they can It is up to the employee to decide when cash or comp time. to maintain their careers while still to use his or her comp time as long as Debbie says, I’ll take the cash. I need spending time with their families. We there is reasonable notice to the em- the money. in the Congress can help. If H.R. 1406 ployer. Donna says, I’ll take the comp time. becomes law, a working mom and dad I certainly have heard mentioned Donna gets the overtime. can choose to use the time and a half what happens if an employer goes The next Friday rolls around—the overtime he or she earns as actual paid bankrupt. Well, what happens when a same boss, the same request. time off instead of cash. They would be city like Stockton, California, goes Debbie says, I’ll take the cash. I’ll able to use this time to see their bankrupt? take the overtime. daughter’s piano recital or their son’s I will finish by saying over and over Donna says, No. I’ll take the comp baseball game when they would other- that more work and less pay for work- time. wise have to be at work. But, of course, even with this com- ing mothers doesn’t make it true. I Donna gets the overtime. monsense piece of legislation, there are support this bill, and I urge my col- It doesn’t take very long for people detractors. Many myths have been leagues to do so. to figure out what the right answer is spread about this bill. You’ve heard Mr. COURTNEY. I now yield to the when you’re asked for overtime. You them here today. And the opponents gentlelady from California (Ms. BASS) might say, Well, Donna is going to be refer to it as a ‘‘pay cut for working okay because she gets all this comp for the purpose of a unanimous consent moms,’’ but this simply is not true. request. time. Also, I’ve heard that it’s the assault Ms. BASS. I ask unanimous consent Donna comes back and says, Next on the 40-hour workweek. It is not. to insert my statement in the RECORD Friday is the pageant at my daughter’s However, what is an assault on the 40- opposing the indefensible Mother’s Day school for second grade. I want to take hour workweek is ObamaCare, which gift—more work and less pay for work- the morning off so I can go to my will force job creators to cut back their ing moms. Happy Mother’s Day. daughter’s pageant. employees from full-time to part-time The SPEAKER pro tempore. Is there The boss says, No, that’s not conven- in order to keep their doors open. The objection to the request of the gentle- ient for me. No. decision to receive comp time is com- woman from California? Now, I suppose in some theoretical pletely voluntary. There was no objection. universe Donna could hire a lawyer, This is not a partisan issue. In 1985, The SPEAKER pro tempore. The gen- sue her boss, and try to get to see her Ted Kennedy, HARRY REID, JOE BIDEN, tleman from Connecticut’s time will be daughter’s second grade pageant—not and STENY HOYER all supported giving charged. in the world that she lives in and the the public sector employees the flexi- Mr. COURTNEY. Mr. Speaker, I now world we live in. The boss decides when bility to choose comp time. yield to the gentlelady from New York she uses the comp time. Mr. Speaker, I urge my colleagues to (Ms. SLAUGHTER) for the purpose of a The end of the year comes, and she support this bill. I cannot think of a unanimous consent request. hasn’t used it yet. The boss writes a better Mother’s Day gift. This is some- Ms. SLAUGHTER. Mr. Speaker, I ask check to Donna without interest. thing we can do right now to help fami- unanimous consent to insert my state- Donna has made an interest-free loan lies at a time when they need it most.

VerDate Mar 15 2010 02:05 May 09, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.055 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2512 CONGRESSIONAL RECORD — HOUSE May 8, 2013 Mr. COURTNEY. Mr. Speaker, I now mothers, it’s also about working fa- giving them the short end of the stick yield 1 minute to the gentlewoman thers. Do you know how many times as this bill does. from New York (Mrs. CAROLYN B. people don’t have that time to go see Mr. KLINE. Mr. Speaker, I’m now MALONEY). their sons and daughters in a school pleased to yield 2 minutes to the gen- Mrs. CAROLYN B. MALONEY of New play or a baseball game? You want to tleman from Illinois (Mr. RODNEY York. I thank the gentleman for yield- take that away from them with some DAVIS). ing and his leadership. kind of phony act today, and you’ll line Mr. RODNEY DAVIS of Illinois. Mr. I rise in opposition to the Republican up 15 deep? Talk about insincerity and Speaker, I rise today in support of this Party’s Working Families Flexibility inflexibility; that’s your party. piece of legislation. Act. It should be named the ‘‘Fake You’re supposed to be the party of This Sunday is Mother’s Day. It’s a Flexibility Act.’’ It’s a failure to adver- the women. We’re supposed to be the very bittersweet day for me. As a fa- tise truthfully. If you were true, you ones that don’t like women. We’re giv- ther of three children, I am constantly would call it the ‘‘More Work and Less ing them a gift that you can never reminding my wife how important this Pay Act.’’ give: the gift of time. Nobody has the day is and how important her job as a Under this bill, workers would lose ability to do that. mother is. But it’s 14 years ago this the basic guarantees of fair pay for This bill makes it possible for people month that I lost my mother, my in- overtime work and time off from work to spend that precious time with those spiration, my teacher, someone that I under the Fair Labor Standards Act. It precious few that they want to. think about every single Mother’s Day. would deprive hardworking men and The SPEAKER pro tempore. Mem- I ask myself what would my mom, women of their earned income and fail bers are reminded to address their re- Sally Davis, say when we give the op- to guarantee them the right to use marks to the Chair. tion to provide more flexibility to that overtime when they need to use it Mr. COURTNEY. Mr. Speaker, again, working mothers. In Illinois alone, my for a personal or family emergency. as someone who was a private sector home State, there are over 1 million Shamefully, the United States ranks employer for over 25 years, there is single parents that need this flexibility among the least generous of industri- nothing under existing law that pre- to be able to make the decisions they alized countries when it comes to fam- vents an employer from giving an em- need to raise their families. ily-friendly policies. We are one of ployee paid time off. I did it many As a father of three school-aged chil- three countries that fail to provide times. dren, I’ve coached baseball games, I’ve paid leave for the birth of a child. True Now it is my privilege to yield 1 watched my daughter cheer, and I’ve workplace advancement benefits both minute to my colleague from the State shuttled my kids to doctor appoint- businesses and worker interests. In- of Florida, Congresswoman DEBBIE ments. It’s part of raising kids and stead, the Republican bill hurts em- WASSERMAN SCHULTZ. being a parent. However, more than 60 ployees by giving them less pay at a Ms. WASSERMAN SCHULTZ. Mr. percent of employees feel they do not time when American wages are stag- Speaker, I rise today to discuss the have enough time to spend with their nant. real effect that the Working Families families. Why not give these families I urge my colleagues to oppose this Flexibility Act would have on our fam- the same flexibility that those in the legislation and bring up the Demo- ilies. public sector—many of my constitu- cratic minority’s alternatives for paid Contrary to its name, this bill does ents in Springfield, Illinois, and sick leave, paid leave for the birth of a not protect working families. Many throughout have the same opportunity child, and true flex time. hourly workers in south Florida and to use? Why not to give them that Mr. KLINE. Mr. Speaker, I’m now across the country depend on the op- flexibility? Just last year, employees very pleased to yield 1 minute to the portunity to collect their hard-earned at the IRS took more than 246,000 gentleman from Pennsylvania (Mr. overtime pay to support their families hours of comp time instead of addi- KELLY). and make ends meet. This antifamily, tional government pay. Mr. KELLY of Pennsylvania. I thank antiworker bill would make it harder No legislation is perfect, Mr. Speak- the chairman and I thank Mrs. ROBY for employees to provide for their fami- er, but this legislation gives families, for bringing this forward. lies and easier for employers to pay gives mothers, gives fathers the oppor- It’s really about time, because on the less for overtime work with hazy prom- tunity to choose and work with their deathbed, very few people say, Boy, I ises of time off later. The bottom line employers to do so. wish I had spent more time at the of- is that comp time doesn’t pay the bills. I urge my colleagues to support this fice. This legislation provides no guar- bill, and I urge my colleagues to think I’ve got to tell you, from being in antee that employees would get to use of their mother and ask them what business all my life—and I think maybe their time off when they need it; or if would they do. that’s the problem in Washington, not an employer goes out of business, enough of you have actually been on workers may never get compensated at b 1450 the floor of a business because you all. Mr. COURTNEY. Mr. Speaker, I now think it’s always about some kind of a I’ve heard no one on the other side of yield to 2 minutes to the gentlewoman fair treatment. But your definition of the aisle answer what happens when a from Connecticut (Ms. DELAURO), a ‘‘fair’’ is not fair. boss says ‘‘no’’ to a request for comp champion for working families and my When I look at men and women, I time for that school play or taking neighbor. don’t look at them as men and women. their child to a doctor. Ms. DELAURO. I rise in strong oppo- I look at them as moms and dads and Employees who depend on overtime sition to the bill before us. It aims to grandmas and grandpas and aunts and pay to put food on the table may be end overtime pay, bring to an end the uncles. They love to go to soccer forced to compete with fellow employ- 40-hour workweek. This is another at- games. They love go to baseball games, ees who are willing to trade their over- tempt by the House majority to accel- and they love to go to all those Cub time wages for comp time. erate a race to the bottom, strip work- Scout meetings. But you know what? Passing this bill would deepen the fi- ers of basic rights and protections, and We want to just give them the flexi- nancial insecurity of wage workers, es- undermine the foundations of the bility, the same as we do in the public pecially Hispanic women who are more American middle class. sector. likely to be hourly wage workers, more The Working Families Flexibility What an odd concept to actually give likely to be responsible for family Act does exactly the opposite of what people the freedom to do what they caregiving, and less likely to have ne- it describes. There is no flexibility. The want with their time and to work a lit- gotiating power in their jobs. legislation guts the 75-year-old statute tle overtime so they can pick up extra There are other bills on the table guaranteeing overtime pay for work time. My gosh, what a confusing con- that offer far more meaningful solu- over a 40-hour workweek, overtime pay cept that would be. tions, and I urge the Republican major- that those single moms need. Hard- And this is not by gender, by the ity to take them up and take care of working American families, they rely way. If you think this is about working America’s working families instead of on it. It allows employers, if they so

VerDate Mar 15 2010 02:05 May 09, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.057 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 8, 2013 CONGRESSIONAL RECORD — HOUSE H2513 choose, to provide comp time for all of circumstances and challenges and re- Lambert. She’s a working mom who this extra work, except there are no sponsibilities. For some, taking time runs an early childhood education cen- guarantees that workers can take the at home is a good thing for them. Addi- ter. It’s quite often that Nicole is ap- time when they need it, and there are tional pay is not necessary for them at proached by one of her employees re- no avenues for workers to file griev- that point, but having the opportunity questing more flexibility with how ances if employers do not comply. This to spend time with their children, to go they can use their overtime. Some of bill forces employees to work extra to parent-teacher conferences and do her employees need to take off to take hours without overtime pay and get other things with family is more valu- their child to the doctor, some need to nothing in return. able than a few extra dollars in the go and meet with a teacher. But under Yes, we need serious economic solu- bank. the current law, Nicole is not able to tions to the problems that families are Choice and flexibility helps employ- present her hardworking staff with this facing. Wages have stagnated for dec- ees meet the demands of their jobs and option. She understands that this bill ades. Forty percent of Americans make address the needs of their families. would give her employees more flexi- less today than what the minimum That’s why I’m proud to support this bility to balance both work and their wage was worth in 1968. And in Amer- bill, this pro-family, this pro-worker lives at home. ica today, unlike in every other com- bill. This is what is meant for this Mr. Speaker, for too long working petitive economy in the world, 42 mil- time, and I encourage my colleagues to families in the private sector have not lion workers cannot take off time when get off the divisive rhetoric and get to been able to choose a more flexible they are sick, when they need to care the unifying effect of saying, We will schedule when working overtime; but for a sick child or an ailing relative. encourage people in their lives, their for the past 30 years, government em- We need legislation that provides em- families, and their incomes. ployees have been afforded this luxury. ployees with paid time off if they need Mr. COURTNEY. Mr. Speaker, I now It’s time for all of us to present all par- it. The Healthy Families Act would yield 1 minute to my colleague from ents in America with this option. allow workers up to seven job-pro- the State of Texas (Mr. GREEN). As a father of three, I can tell you as tected paid sick days for each year. It Mr. GENE GREEN of Texas. Mr. a working parent I know that it is very builds on and reflects pro-family poli- Speaker, I rise in opposition to the necessary to be there for your children. cies that have been passed in Con- Working Families Flexibility Act of And I bet no matter who you are as a necticut; Seattle; Portland, Oregon; 2013. The bill would amend the Fair working parent, if you asked a mom or San Francisco; Washington, D.C. This Labor Standards Act of 1938 to author- a dad what they need more of, it’s ize private employers to provide comp majority has said ‘‘no’’ to an airing of time. Washington should not be stand- time or compensatory time off to pri- this legislation. They want to elimi- ing in the way of any employer volun- vate employees at the rate of 1.5 hours nate worker protections and further tarily offering this benefit for any em- per hour of employment for which undermine workers’ paychecks and ployee choosing more time. That’s the overtime compensation is required. bottom line, Mr. Speaker. Washington benefits. Essentially, workers would be prom- And America’s families, they sent us should not be in the way of more free- ised comp time instead of overtime here to represent their interests and dom in the workplace. pay. Many families depend on overtime I know this policy will work, from address their needs, not to further pay to make ends meet. The Fair Labor erode their economic instability. Vote speaking with local government em- Standards Act guarantees workers will ployees who already enjoy this advan- against this bill. Support paid leave, receive overtime pay for over 40 hours minimum wage, and pay equity if you tage. per week. The bill only promises the Vicki is a working mom and a police want to help Americans families. potential for future comp time without Mr. KLINE. Mr. Speaker, at this time officer in my district. She works long any real protections for the workers. hours, and she raises her children. I am pleased to yield 2 minutes to the Hardworking Americans would be un- gentleman from Michigan (Mr. protected against long hours and less b 1500 WALBERG), the chairman of the Work- pay without the guarantee of any com- She tells me her life is made a little force Protection Subcommittee. pensation. H.R. 1406 falsely promises easier because she’s allowed to work a Mr. WALBERG. Mr. Speaker, I thank more time with their loved ones by al- few extra hours, save it up in case the chairman. lowing them to choose paid time off. there’s a sick day or an after-school I find it unbelievable to sit here and Unfortunately, workers will only get event that she must attend. listen to the divisive, erroneous, fear- more time with their families after It’s simply unfair for those who work mongering information that’s being they’ve spent long hours, for less pay, for Nicole in the private sector to be put forth by the other side of the aisle. at the approval of the employer. prohibited from receiving the benefits It’s unbecoming. Today’s workplaces I stand with America’s workers to that Vicki does, a government em- are a lot different than they were just oppose this legislation, and I encourage ployee. a generation ago. Technology con- my colleagues to do the same. The 40- This is a bill that should easily gar- tinues to alter the way goods and serv- hour week has stood for 75 years, and it ner bipartisan support because, frank- ices reach consumers, and cultural should continue. ly, it puts parents before politics and changes have transformed the nature Mr. KLINE. Mr. Speaker, I yield 1 will give people more freedom to make of America’s workforce. minute to the majority leader, the gen- their lives work. There’s simply no This important legislation, this com- tleman from Virginia (Mr. CANTOR). good reason to deny hardworking par- passionate legislation, allows private Mr. CANTOR. Mr. Speaker, I want to ents the opportunity to take their chil- sector employees to choose—and I say thank the chairman for his leadership dren to the doctor or to attend a par- ‘‘choose,’’ Mr. Speaker—choose paid in bringing this bill forward, as well as ent-teacher conference. time off or comp time as compensation the bill’s sponsor, the gentlelady from I want to thank my constituents for for working overtime hours, and this Alabama, a working mom whose inspi- their relaying stories to me about their policy has already proven extremely ration is her kids at home and her hus- life story, about how this bill helps. successful. band that she is responsible for and And again, I’m very grateful to the For nearly 30 years, government sec- with in order to make life work for leadership and the role model that the tor workers have been able to earn them in Alabama. So I want to appre- gentlewoman from Alabama (Mrs. comp time. In fact, last year employees ciate her leadership. ROBY) and Chairman KLINE have set at the IRS took more than 246,000 Mr. Speaker, I rise today in support forth in this effort. This act will help hours of comp time in lieu of overtime of the bill, the Working Families Flexi- parents all across America, and I urge pay. No complaints. Yet working par- bility Act. If you are a working parent my colleagues to support it. ents and individuals in the private sec- in this country, you know from experi- Mr. COURTNEY. Mr. Speaker, I yield tor are not afforded with this same ence that there’s hardly ever enough 11⁄2 minutes to the gentleman from New choice. time to spend with your family. York (Mr. BISHOP), my colleague from This is simply not right. Certainly Recently, I spoke with a constituent the Education and Workforce Com- every employee faces a unique set of from Richmond. Her name is Nicole mittee.

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Mr. BISHOP of New York. Mr. Speak- In 1975, when I was newly married and MORE WORK, LESS PAY er, I thank Mr. COURTNEY for yielding, beginning to start a family, there were Yet today, House Republicans are offering and for his leadership on this issue. only 37 percent of all the families up a different Mother’s Day gift: more work, I rise in opposition to H.R. 1406. I where both parents were working out- less pay. have a great many concerns about this side of the home. House Republicans are putting forward the bill, but let me focus on just one. There Look at what is happening now that so-called ‘‘Working Families Flexibility Act.’’ is little question that this bill will re- my children are having their careers, The name may make it sound appealing, sult in unjust actions being taken and my daughter has two children. but don’t be fooled—this bill is nothing more against employees who choose the tra- You’ve got just under 60 percent where than smoke and mirrors meant to hide its true ditional overtime pay option over the both parents are working outside of the purpose: comp time arrangement. home. On top of this, you have those of To end the 40-hour work week; Under this legislation, employers us who are caring for elderly relatives. To cut pay for women; have the right to only schedule em- And as the majority leader just said, To undermine the economic security of the ployees that have agreed to enter into any time you run a survey and ask middle class. comp time arrangements without con- women what they want, they would This legislation claims the mantle of flexi- sequence. Suddenly, workers who rely love to have more time, and they also bility, yet only means greater flexibility for em- on overtime income to help feed their want more control over how they’re ployers and lower wages for workers. family or put a child through college able to manage their lives and the lives This proposal is simply another ideological will see their hours curtailed and in- of their families. And this is a piece of assault on workers, another mean-spirited at- stead given to workers who choose legislation that does that. tack on workers’ rights, and another Repub- comp time arrangements. I agree with what some of my col- lican message bill that will never become law. There is not one word in this legisla- leagues have said. This Obama econ- WHAT THE BILL DOES tion that would protect a worker who omy has really forced more families More work, less pay—that’s what this bill is needs cash for his or her overtime than ever to work more than one job. about. hours. They will clearly lose out to It has been very difficult. And having It guts protections for workers and removes those workers who are willing to take more options makes it easier for those flexibility for working families. paid time off or compensatory time off, families to manage. It amounts to an interest-free loan to em- as opposed to time-and-a-half over- I thank the leadership for the work ployers—paid for by workers’ wages and un- time. on the bill. used comp time hours. There are a great many workers, and Mr. COURTNEY. Mr. Speaker, can I It is nothing more than a mirage—claiming I grew up in a family that had one of inquire as to the time left? to give flexibility to workers to take time off to those workers, that rely on overtime to The SPEAKER pro tempore. The gen- care for family or attend a parent-teacher con- pay the bills, to put their kids through tleman from Connecticut has 7 minutes ference while actually handing flexibility to college, and to see to it that they get remaining. The gentleman from Min- their bosses to cut pay or call for more hours. to live lives of dignity. This legislation nesota has 43⁄4 minutes remaining. SAYING ‘‘NO’’ TO WORKERS will take away that ability from those Mr. COURTNEY. Mr. Speaker, at this This legislation is brought to you by the families. time I’d like to yield to the gentle- same people who attack and undermine work- Republicans claim that this is some- woman from Ohio (Ms. KAPTUR) for the ing families at every turn—the same people how part of a new, family friendly ap- purpose of a unanimous consent re- who say: proach to governing. Well, one of the quest. ‘‘No’’ to raising the minimum wage. first votes I cast as a member of the Ms. KAPTUR. I thank the gentleman ‘‘No’’ to the Paycheck Fairness Act Education Committee, as a new Mem- for yielding and ask unanimous con- ‘‘No’’ to extending unemployment benefits ber of Congress in 2003, was against a sent to insert my statement in the that strengthen our economy. bill called the Family Time Flexibility RECORD opposing the GOP’s shameful ‘‘No’’ to any measure that could expand the Act. The bill in front of us today is lit- Mother’s Day gift—more work and less middle class. erally identical to that 2003 bill, minus pay for working moms. Happy Mother’s The same people who will only say ‘‘yes’’ to the title. Day. more hardship for workers, to more pain for I urge a ‘‘no’’ vote on H.R. 1406. The SPEAKER pro tempore. Is there the middle class, to more work and less pay. Mr. KLINE. Mr. Speaker, I yield 2 objection to the request of the gentle- OPPOSITION minutes to the gentlewoman from Ten- woman from Ohio? No wonder this bill is opposed by more than nessee (Mrs. BLACKBURN), my friend There was no objection. 160 women’s organizations across the coun- and colleague, a leader in so many The SPEAKER pro tempore. The gen- try, from Arkansas and Arizona to Washington areas. tleman from Connecticut’s time will be and Wisconsin, who wrote a letter to Congress Mrs. BLACKBURN. Mr. Speaker, I charged. calling this measure ‘‘an empty promise [that] thank the gentleman from Minnesota Mr. COURTNEY. Mr. Speaker, I yield would cause considerably more harm than for his work on this effort. And I also now to the gentlewoman from Cali- good.’’ want to say thank to you Mrs. ROBY fornia (Ms. PELOSI) for the purpose of a No wonder President Obama has pledged from Alabama for the outstanding job unanimous consent request. to veto this bill, declaring that ‘‘this legislation that she has done on the Working Fam- Ms. PELOSI. Mr. Speaker, I ask undermines the existing right to hard-earned ilies Flexibility Act. unanimous consent to insert my state- overtime pay, on which many working families I have loved talking with my con- ment in the RECORD opposing the rely to make ends meet, while misrepresenting stituents about this issue. And it is ab- GOP’s deplorable Mother’s Day gift— itself as a workplace flexibility measure . . .’’ solutely amazing, when you say, tell more work, less pay for working moms. CLOSE me what you think about this. Would No way to say Happy Mother’s Day. The Republican proposal is the last gift any- you like to have the option, the ability The SPEAKER pro tempore. Is there one should give our families on Mother’s Day. to control what your compensation objection to the request of the gentle- That’s why I urge my colleagues to oppose method is going to be? And so many of woman from California. this legislation and to work together on steps my constituents, whether they’re There was no objection. to invest in working families, to bolster small rearing families, whether they have The SPEAKER pro tempore. The gen- businesses, to create jobs, and to build a teenagers that they’re working with, tleman from Connecticut’s time will be strong, thriving middle class. whether they’re caring for elderly rel- charged. Mr. COURTNEY. Mr. Speaker, I yield atives, say, this is a great idea. And it Ms. PELOSI. Mr. Speaker, on Sunday to the gentlewoman from New York is so worthy of discussion, and it is morning, millions of mothers nationwide will (Ms. MENG) for the purpose of a unani- about time for Congress to do some- wake up to the excited faces of their children mous consent request. thing that’s just plain old good com- wishing them a ‘‘happy Mother’s Day.’’ Ms. MENG. Mr. Speaker, I ask unani- mon sense. Mothers will receive gifts of all kinds from mous consent to insert my statement Mr. Speaker, the reason for this is, their sons and daughters—tokens of love and in the RECORD opposing the GOP’s cal- take a look at what is happening now. gratitude for all that moms do every day. lous Mother’s Day gift—more work and

VerDate Mar 15 2010 02:05 May 09, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.061 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 8, 2013 CONGRESSIONAL RECORD — HOUSE H2515 less pay for working moms. Not a this terrible bill, which has been offered re- hours for pay or for paid time off. Un- Happy Mother’s Day. peatedly over several Congresses, and each fortunately, this same option is not af- The SPEAKER pro tempore. Is there time it has found strong opposition and ulti- forded to those who work for private objection to the request of the gentle- mate defeat. companies. With small businesses and woman from New York? Under current law (the Fair Labor Standards family farms being the engine of our There was no objection. Act), employers are required to pay workers rural economy, this option is therefore The SPEAKER pro tempore. The gen- time-and-a-half cash for hours worked in ex- not available to many of my constitu- tleman from Connecticut’s time will be cess of 40 hours per week. ents. charged. Workers can request ‘‘comp time’’ during This bill before us today changes all Mr. COURTNEY. Mr. Speaker, I yield any 40 hour work week if they need it. of that. By ensuring private workers to the gentlewoman from Ohio (Mrs. According to the U.S. Bureau of Labor Sta- can accrue paid time off instead of BEATTY) for the purpose of a unani- tistics the average weekly overtime hours for overtime compensation, we will pro- mous consent request. manufacturing workers in 2012 was 4.2 hours vide Fifth District Virginians greater Mrs. BEATTY. I ask unanimous con- or over 44 hours a week. In a year 4.2 addi- flexibility in balancing their work sent to insert my statement in the tional hours of overtime, considering 2 weeks schedules with the demands of family RECORD opposing the GOP’s appalling for vacation would total 210 hours. life. And we will take these important Mother’s Day gift—more work and less A Boilermaker with less than 2 years of ex- decisions out of the hands of Federal pay for working moms. And that’s a perience earns $35,856.00 a year or $18 an bureaucrats and place them into the Happy Mother’s Day? hour. A Boilermaker making $18 an hour hands of hardworking Americans. The SPEAKER pro tempore. Is there working overtime would earn $27 an hour. It is high time that this outdated objection to the request of the gentle- In 2012 manufacturer workers overtime regulation be replaced with the prin- woman from Ohio? averaged 4.2 hours a week that would be 210 ciples of individual freedom and indi- There was no objection. hours for 50 weeks of work. vidual choice. I urge my colleagues to The SPEAKER pro tempore. The gen- A Boilermaker over a year could accrue 210 support this commonsense legislation. tleman from Connecticut’s time will be hours in overtime—if this bill becomes law this I thank Representative ROBY for charged. could mean a loss of $5,670 annually. sponsoring this important initiative. Mr. COURTNEY. Mr. Speaker, I yield The first quarter of 2013 according to the Mr. COURTNEY. Mr. Speaker, it’s 1 minute to the gentlewoman from Bureau of Labor Statistics recorded an in- now my privilege to yield 1 minute to my colleague from the State of Mary- Texas (Ms. JACKSON LEE). crease of overtime hours worked to 4.3 hours Ms. JACKSON LEE. I thank the gen- per week for manufacturing jobs this is an in- land (Ms. EDWARDS). Ms. EDWARDS. This really is an in- tleman for his leadership. crease over the last quarter of 2012. If Con- sidious bill. I’ve been listening to the Mr. Speaker, you’ve seen them, gress allows the free market to work then the debate on the floor, Mr. Speaker, and I many, many women, hourly workers. numbers of employed persons will increase. have to tell you there are some things You’ve seen them with their sneakers Labor is in strong opposition to H.R. 1406 I heard that I think need correcting. on, their rubber-soled shoes, standing because—this bill would mean forced labor hours without giving workers the guaranteed First of all, median hourly wages in at bus stops, getting on buses in order this country are $12.80 an hour. That’s to get to work and to get back in time right to get paid for their work. Workers already have the right to ask for about $26,000 a year. And what that to be with their children. means is that for most workers, for But those workers need cash, Mr. ‘‘comp time’’ within any 40 hour workweek when they need it. some of our workers who are hourly Speaker. They need cash to make ends workers, this bill really goes at the meet in housing, food and other living The Bureau of Labor Statistics counts over- time as a benefit not as pay. If the result of heart of the 40-hour workweek. In fact, expenses. It’s also our men as well. what it does is it puts in jeopardy some These workers would see a substan- the bill is to have employees work more hours, but without the guarantee of compensation—it of our most vulnerable in the work- tial reduction in their take-home pay if force. Ninety percent of our hourly they were compensated with time off is flawed. If Congress wants to do something for work- workers don’t work under collective rather than cash up front. We know ers we should support the President’s Budget bargaining agreements, and that means that if H.R. 1406 was passed they would for state paid leave programs. His proposal that they don’t have the protections be paid nothing for their overtime would not force workers to choose between that public sector workers have who work at the time they work. taking time off for family needs and receiving get to enjoy comp time when it’s avail- We also realize that employers can able to them. They really do need the schedule workers to work up to 160 income, or even risk losing their jobs. The President’s minimum wage proposal would time and a half. hours of comp time. Workers will be It’s not like the other side is pro- cheated out of the accrued overtime also support working families by making sure that all workers receive enough hourly income posing that we have earned sick leave, earnings, these same mothers and earned vacation, earned maternity many, many men who depend on this to make ends meet. That is why I oppose H.R. 1406 and urge leave. Instead, they want to take away overtime pay. You’ve seen them. my colleagues to join me in voting against this pay and get a no-interest loan from The same mothers that will receive terrible legislation. workers instead of paying them time for their gift on Mother’s Day a little and a half for their overtime. There’s b 1510 outstretched hand with maybe a daf- no flexibility. The power is only in the fodil or a rose in it from a little 5-year Mr. KLINE. Mr. Speaker, I now yield hands of the employer who gets to de- old, mothers who need the cash. 2 minutes to the gentleman from Vir- cide when the comp time can be taken, Let me tell you that the U.S. Wom- ginia (Mr. HURT). whether it can be taken, and how it en’s Chamber of Commerce is against Mr. HURT. Thank you, Mr. Chair- should be paid. this legislation because they know that man, for yielding. I appreciate the Mr. KLINE. Mr. Speaker, I reserve there will be preferential treatment. committee’s leadership on this impor- the balance of my time. There will be pets, and the employers tant measure. Mr. COURTNEY. Mr. Speaker, if I will pick those who have taken the I rise today in support of the Work- could just inquire through you, again, comp time. ing Families Flexibility Act, a House we have no further speakers, so I’m You’ve seen these mothers. They get of Representatives initiative that will prepared to close. the outstretched hand and the little give families and individuals across the Mr. KLINE. We have no further flower. Pay them their money. Fifth District the freedom of work- speakers, either. This is a bad bill. place choice and limit the Federal Mr. COURTNEY. Could the Chair Mr. Speaker, I rise in strong and unyielding overreach in our daily lives. At a time give me one last update in terms of opposition to H.R. 1406, the so-called ‘‘Work- when our economy is struggling, we how much time remains? ing Families Flexibility Act of 2013.’’ I thank must look for ways to help our hard- The SPEAKER pro tempore. The gen- Ranking Member MILLER for this opportunity to working families and individuals. tleman from Connecticut has 41⁄2 min- speak on behalf and in support of the working Under current law, public employees utes remaining. The gentleman from women and men in my District and against can choose between using overtime Minnesota has 31⁄2 minutes remaining.

VerDate Mar 15 2010 02:05 May 09, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.063 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2516 CONGRESSIONAL RECORD — HOUSE May 8, 2013 Mr. COURTNEY. Mr. Speaker, I yield And that is what exists in the public be as simple as checking a block or just myself such time as I may consume. sector. That’s why comp time works in signing a piece of paper that says I We’ve probably reached the point the public sector. Paid sick time is would like to take comp time in lieu of where enough has been said where the something that is part of every collec- cash overtime. And they can do it once full 41⁄2 minutes maybe isn’t necessary, tive bargaining agreement in all 50 a year. but again, I would just like to reiterate States in the public sector. Even after they’ve signed such an a few points. And again, as somebody Small employers, is that what the agreement, if the employee says, ‘‘Do who was an employer in the private majority really wants to impose on you know what? I really do need that sector for over 20 years, and, again, the every private employer in this coun- cash. I wanted the time; now I need the notion that somehow existing labor try? cash. Another emergency has arisen,’’ law makes it impossible for employers The fact of the matter is that we the employee can demand the cash and to respond to their staff’s family emer- need to scrap this bill which is before get it and must get it. gencies, to vacations is really just a us for the fifth time since 1996 and go The Working Families Flexibility myth. back and have a real dialogue in a real Act puts workers in control of their The fact of the matter is that over bipartisan collaboration in terms of time. They get to take the time off the last 75 years under the Fair Labor coming up with real solutions for when they want to. These are exactly Standards Act, which protects the 40- working families. the same standards that have been hour workweek, employers in tens of I actually am an optimist and believe working almost 30 years in the public thousands of workplaces all across we can do that. I respect the chairman. sector. They simply can’t unduly dis- America have always made accom- I respect my chairman of the Sub- rupt the business. That’s worked for al- modations for their staffs with paid committee on Workforce Protections. most 30 years in the public sector, and time. What is different about this bill But the fact is we can do far better it will work in the private sector. is it’s basically tying that flexibility to than this recycled, rehashed bill which, Mr. Speaker, despite all the rhetoric, sacrificing your right under the Fair again, has been rejected by over 160 or- despite all the accusations and despite Labor Standards Act to time and a half ganizations which represent working all the misinformation, we know that for every hour earned over 40 hours. families and women. millions of mothers for Mother’s Day Given the fact that we’re living in a Again, let’s vote this bill down, go would like to have time. Time is more time right now where the median in- back, and as a real body, deliberative important to them than money. This come of this country has basically been body, come up with a better solution legislation would give them the option, as flat as a pancake for the last 30 for working families. the choice—the voluntary choice—to years, that is basically tipping the I yield back the balance of my time. take that time. scales once again against working fam- Mr. KLINE. Mr. Speaker, I yield my- We heard an example of a young, 5- ilies in an unacceptable fashion. self the remainder of our time. year-old child coming forward with a If you read this bill closely, you have I agree with some of the comments flower. A lot of moms would like to to execute a written agreement every made by my colleague. The gentleman take that time to spend with that 5- time you want to set up a comp time from Connecticut has talked about the year-old. They can’t do it under the arrangement. Can you imagine small years that we, Congress, have tried to current law. We want to give that employers out there, basically, and extend the use of comp time to the pri- mother and that father that time. their workers have to sit down and vate sector employees so they can ac- b 1520 write like a mini labor agreement cess the same benefits that those in the every time they want to come up with public sector have enjoyed for almost This is a commonsense proposal. It one of these arrangements? It doesn’t 30 years. Yet powerful special interests will help hardworking Americans bal- allow for emergencies when you have a have stood in the way through a con- ance the demands of work and family. system like that. stant campaign of misinformation. We need to do that for them. This The enforcement mechanism, which We’ve heard a lot of those same, tired doesn’t balance the budget, but it will would be through the State Depart- talking points from the other side help families. ment of Labor’s Wage and Hour Divi- today. We’ve seen some political I urge my colleagues to vote ‘‘yes’’ sion—if anybody has ever dealt with stunts. We’ve heard divisive language, on H.R. 1406, and I yield back the bal- them before, they know that is mission and we’ve heard just plain misinforma- ance of my time. impossible. There is no way that that tion, things that this bill does not say. The SPEAKER pro tempore. All time unit—which, again, today benefits from We’ve heard, for example, that an for debate on the bill has expired. a bright line system where you just employer could coerce an employee AMENDMENT OFFERED BY MR. GIBSON check the payroll hours. If you hit 40 into taking comp time instead of over- Mr. GIBSON. Mr. Speaker, I have an hours, you’ve got to pay the time and time wages. That is simply not true. amendment at the desk. a half. Nobody has the time to go The bill specifically prohibits employ- The SPEAKER pro tempore. The through and examine that agreement ers from doing that. An employer Clerk will designate the amendment. to see if it was free and voluntary and ‘‘shall not directly or indirectly in- The text of the amendment is as fol- whether or not the exercise of comp timidate, threaten, or coerce or at- lows: time was done in accordance with it. tempt to intimidate, threaten, or co- Redesignate section 5 as section 6 and in- You’re basically creating a labor rela- erce any employee for the purpose of sert after section 4 the following: tions board in every State, in every interfering with such employee’s rights SEC. 5. G.A.O. REPORT. workplace across America. under this subsection to request or not Beginning 2 years after the date of enact- Careful what you wish for as employ- request compensatory time off.’’ ment of this Act and each of the 3 years ers if you read this bill closer. There are extensive protections in thereafter, the Comptroller General shall But the fact of the matter is that at this bill for employees and for employ- submit a report to Congress providing, with respect to the reporting period immediately the end of the day, it does not empower ers. But we’ve seen the straw men, prior to each such report— employees or workers in terms of giv- we’ve seen the accusations, and we’ve (1) data concerning the extent to which ing them the ability to basically sup- heard some things that, frankly, are employers provide compensatory time pursu- port their family and have time to deal just absolutely preposterous. ant to section 7(s) of the Fair Labor Stand- with the important family issues, Let’s go over some of the basics. ards Act of 1938, as added by this Act, and whether it’s the birth of a child, mak- The Working Families Flexibility the extent to which employees opt to receive ing sure you’re there on important Act allows for the voluntary—the vol- compensatory time; school dates, or making sure that untary—use of comp time. Any worker (2) the number of complaints alleging a who wants to receive cash wages is free violation of such section filed by any em- they’re there when they’re ill or in ployee with the Secretary of Labor; need of family and parental assistance. to do so and can do so at any time, (3) the number of enforcement actions The fact of the matter is paid sick even if the worker has made an agree- commenced by the Secretary or commenced time is the way that you do that. ment, and not every time, and not by the Secretary on behalf of any employee That’s the way you empower people. some extensive legal document. It can for alleged violations of such section;

VerDate Mar 15 2010 02:54 May 09, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.065 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 8, 2013 CONGRESSIONAL RECORD — HOUSE H2517 (4) the disposition or status of such com- well that’s going, and also provide us all of our back and forth, fleshed out plaints and actions described in paragraphs data if there are abuses and what’s the fact that that ultimately is where (2) and (3); and being done about those abuses. complaints would go and reside. (5) an account of any unpaid wages, dam- So I see this as yet another protec- So, again, a GAO study is fine, and ages, penalties, injunctive relief, or other remedies obtained or sought by the Sec- tion to ensure that as we look to ex- I’m certainly going to join the gen- retary in connection with such actions de- tend this concept from the State and tleman in supporting his amendment, scribed in paragraph (3). local governments, that we have pro- but this does not fix a flawed bill. Once The SPEAKER pro tempore. Pursu- tections in there to ensure that our we get past this amendment, I think ant to House Resolution 198, the gen- workers are having justice. all of the arguments that you’ve heard tleman from New York (Mr. GIBSON) So I ask my colleagues to support over the last hour or so in opposition and a Member opposed each will con- this amendment, and I reserve the bal- to the bill still trump any benefit that trol 5 minutes. ance of my time. Mr. GIBSON’s good-faith amendment The Chair recognizes the gentleman Mr. COURTNEY. Mr. Speaker, I brings to the bill. from New York. claim time in opposition, although I With that, I yield back the balance of Mr. GIBSON. I thank the chairman. am not opposed to the amendment. my time. And I thank the gentlelady from Ala- The SPEAKER pro tempore. Without Mr. GIBSON. I just want to say that bama (Mrs. ROBY) for bringing the bill. objection, the gentleman from Con- the gentleman from Connecticut is I have an amendment, but I first necticut is recognized for 5 minutes. somebody whom I’ve very much en- want to say that I support the under- There was no objection. joyed working with. I think he is a lying bill. Mr. COURTNEY. Mr. Speaker, first very thoughtful Member. I consider I take a look at the fact that almost of all, I just want to again recognize him a friend. I have listened very care- 30 years ago, right here in these halls, my colleague’s hard work. He is a per- fully to his comments and certainly in bipartisan work, Democrats and Re- son that I respect and admire greatly. will give him further consideration. I publicans worked together here, led by Again, I do not oppose the amend- still believe that this amendment will the Democratically controlled Con- ment. It’s hard to oppose a GAO study be helpful. gress, and worked with the President— of almost anything because the more At this point, I would like to yield 2 then President Reagan—to provide we know and the more we learn, it’s al- minutes to the gentlelady from Ala- comp time for State and local workers. ways a good thing. However, what I bama (Mrs. ROBY). What we’re doing today is taking that would say, just in observation, in pass- Mrs. ROBY. I thank my friend, Rep- same concept and extending it out to ing, is that if you look at the scope of resentative GIBSON, for offering this the private sector. the study, which is to basically look at amendment, which I strongly support. I reflect on my constituents. I think actual adjudicated complaints before Let me start by highlighting a provi- about the busy lives that all our work- the Secretary of Labor, and looking sion of the Working Families Flexi- ers have, and I think about how chal- again at the scope of the U.S. economy bility Act that is meant to ensure this lenging it is to bring balance to those in the private sector, the fact of the policy works today and into the future. lives. I think this is an important con- matter is it is not going to be a very Section 5 of the bill states: cept to bring forward, to think about accurate picture really in terms of the This act and the amendments made by this those who are pursuing higher edu- operation of this bill—again, an at- act shall expire 5 years after the date of en- cation, mothers and fathers that are tempt albeit, but nonetheless not actment of this act. looking to bring balance to the work- something that I think is really going The intent here is clear: Congress has place, but also to raising their chil- to give us a very accurate picture in an opportunity and a responsibility to dren, and how important that is for our terms of all of the day-to-day sort of review the use of comp time by private families, for individuals, and for our conflicts. Blurring the lines of the Fair sector employers and employees, if country. So I think it’s important that Labor Standards Act and creating an need be, to make adjustments in the we extend this concept to the private almost chaotic system of executing law before authorizing its continued sector. written agreements in every instance use. Now, I have friends who have con- where a person wants to negotiate an Even though comp time has worked cerns, and we’ve heard some of the con- overtime comp arrangement really, I well in the public sector for decades, cerns here today. I have reflected very think, is even beyond the scope and Congress should examine its use in the extensively on those. I will tell you great powers of the Government Ac- private sector to make sure that work- that what I see in this bill—and the countability Office—which does do ers are protected. To further support chairman actually, I think, summed it great work. this oversight of the law the Gibson up very well just moments ago—is, Because, again, will this study tell us amendment would require GAO to reg- first and foremost, that this is a choice how many workers were fired or dis- ularly review private sector use of for the worker on whether or not they criminated against for their choices? comp time and provide information to want to join this program. I recognize No. Because there is no right to rein- Congress relating to changes that that there are arguments that are con- statement or rescheduling under this might be needed. This commonsense cerning on that score. But also, if the bill. Will this study tell us how many addition to the bill will help inform worker decides to enter the comp time times a worker was denied the precise Congress as it continues to oversee the program and decides to take comp time day he or she asked for? No. Because use of comp time by private sector em- and then something unexpected hap- the bill provides no right to use comp ployees. pens where they choose to change their time on that specific day. The Gibson amendment is about mind, there are provisions in this bill I want to go back to that point. If transparency and accountability, and where the individual can notify their you go to page 8 of the bill, use of comp will help ensure the use of comp time employer, and within 30 days the busi- time is, again, under the veto power of in the private sector is a net benefit to ness needs to pay the employee. the employer. The notion that some- employers and employees. So as I reflect on the wording in this how employees have unilateral choice Mr. Speaker, the Working Families bill, I think there is a balance. But I or power over using that comp time is Flexibility Act will help more Ameri- also recognize that there are still con- not the way this bill is written. cans balance family and work. Because cerns out there, and I want those As far as the public sector is con- the Gibson amendment would strength- voices to be heard. So this is the pur- cerned, again, in all of those instances en this important effort, I urge my col- pose of my amendment. I think we you have an elaborate grievance sys- leagues to support the amendment. should hear from our government, hear tem which exists at State government Mr. GIBSON. Mr. Speaker, I yield from the GAO to talk about the imple- levels, city government levels, which back the balance of my time. mentation on how well it’s going. This doesn’t exist in the private sector. And Mr. PETERS of Michigan. Mr. Speaker, amendment says that after 2 years of it certainly doesn’t exist in the Depart- today the House will consider H.R. 1406, inac- implementation of this law, that the ment of Labor’s Wage and Hours Divi- curately named the Working Families Flexi- GAO would report out to us on how sion—which, again, Mrs. ROBY and I, in bility Act. Instead of helping hard-working

VerDate Mar 15 2010 04:18 May 09, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\CR\FM\A08MY7.018 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2518 CONGRESSIONAL RECORD — HOUSE May 8, 2013 Americans earn an honest wage and more guarantee that a worker will be able to take off Let’s call this effort what it is: it is an anti- flexible work hours, this bill makes it harder on the comp time they accrue. This bill would worker bill. Its effect would be to harm our na- folks already struggling to make ends meet. allow employers to claim that a request for tion’s hourly workers: housekeepers, fast food The reality is that under this bill, workers will time off—time that the employee has worked workers, store clerks and other vulnerable lose personal control over their schedule and extra hours to earn—is ‘‘unduly disruptive,’’ members of our community. These individuals their pay. In addition, the system this bill im- and the request would be denied without any need their overtime wages the most. poses is ripe for potential workplace manipula- follow-up. We all know that you can’t plan for This bill would also have a disproportionate tion and abuse. medical emergencies and sometimes parent- impact on women, who have increasingly be- Under this bill, workers will not get paid teacher conferences don’t fit easily into the come the breadwinners in American families. more than 40 hours per week, no matter how workday. But unless your employer agrees to A Center for American Progress study dem- much overtime they put in. Overtime earnings allow you to use the comp time you’ve earned, onstrates that in more than two thirds of our would become an interest-free loan out of you’re out of luck. families, women earn at least a quarter of the workers’ pockets. Workers’ overtime pay will The Fair Labor Standards Act (FLSA) imple- family income, and in many cases earn as be held until the end of each fiscal year or al- mented the 40-hour work week to allow work- much or more than their spouse. Among fami- located as time-off, all at the discretion of the ers time to be with their families; and to in- lies with children in 2011, some 40 percent employer. There is no guarantee in this bill crease demand for workers when a firm has were headed by two working parents. Our fed- that workers could even get the time off that larger workloads. This bill would effectively put eral policies must take this reality into account they might need for a family emergency or an end to the 40-hour work week without any and meet our families half way by granting doctor’s appointment when they need it. Work- guarantee of proper compensation for extra genuine flexibility while maintaining the impor- ers could even jeopardize their job security by time worked, and would strip employees of the tant protections, like overtime pay, that help refusing to go along with this new system. flexibility to meet workplace and family needs. families thrive. Mr. Speaker, in Michigan, we believe that Instead of making life more difficult for hard- Unfortunately, this is not the first time that hard work merits fair pay. We believe that working American families, we should be con- Republican Party leaders have sought to roll anyone who works hard and plays by the rules sidering legislation to establish a fair minimum back worker protections. The past few years should get a shot at the American Dream. wage, equal pay for women, or the Healthy we have seen Republican Governors attempt Last year, the average Michigan household in- Families Act, which makes earned paid sick to break up public sector unions and more re- come was $43,970. Adjusted for inflation, this days available to millions of workers. cently, House Republicans repeatedly offered is the same as the average household in American workers deserve better than this legislation to eviscerate the National Labor 1989. This bill makes it harder for people who misleading and misguided bill, and I urge my Relations Board. are already working hard and playing by the colleagues to oppose it. If House Republicans wanted to help work- rules to make life better for their family by not Mr. DINGELL. Mr. Speaker, I rise in strong ing families have more flexibility, they could allowing them to decide what’s best for them opposition to H.R. 1406, the Working Families start by undoing earlier efforts to make life and their family. If they work more, they Flexibility Act. It outrages me that my Repub- harder for American workers and join Demo- should get paid more. lican colleagues continue to clothe despicable crats in calling for a vote on the Paycheck When I talk to folks in my district, I ask bills in inventive titles. In point of fact, H.R. Fairness Act so that women are paid the about the concerns they are raising around 1406 offers no flexibility to working families. It wages they deserve, or the Healthy Families the dinner table. Michigan families worry about does, however, grant employers the flexibility Act so that families struggling with a child’s ill- how to stretch work schedules and each dollar not to pay their employees overtime. ness or other crisis could get time off to deal earned to meet the needs of their family. The Working Families Flexibility Act is noth- with those challenges without jeopardizing There is no part of that discussion where ing short of an assault on American working their families’ future. Another important im- Michiganders want Washington to force them families. It will put an end to the 40-hour work provement for working families Republicans to sacrifice their personal decision-making week that my father fought so hard to enact in have refused is to increase the minimum wage about whether overtime pay or comp time is the Fair Labor Standards Act. The bill will of $2.13 per hour for tipped workers—a wage the right choice for them. force employees to work longer hours without that has not been increased in nearly twenty Too many families in my district and across guarantee of fair pay. It contains no provision years. our country are still trying to recover from the to allow employees to contest employer deci- H.R. 1406 has no chance of becoming law. worst economic crisis in generations. Why sions not to grant time off for personal or fam- It will not be taken up in the Senate, and the then, instead of working towards common- ily emergencies. In short, the bill’s sole pur- White House has promised to veto it. Why are sense ways we can ease the financial burden pose is to empower employers and disenfran- we wasting valuable time on it? I urge my col- on working families, is Washington forcing a chise the American middle class. leagues to take action for U.S. workers now, personal decision to forfeit their overtime pay? I urge my colleagues to recognize H.R. and support family friendly policies that will Why is Washington dredging up deeply flawed 1406 for the evil it is and call on them to stand help our workers, restore the economic vitality proposals that have already been rejected up for working families by voting it down. of our middle class, and strengthen the social time and time again? Mr. MORAN. Mr. Speaker, I rise in opposi- and economic bonds that knit us together as Now more than ever, we need ways to sup- tion to H.R. 1406, the Working Families Flexi- a people. port our middle class so families in Michigan bility Act. A more accurate name would be the Mr. CONYERS. Mr. Speaker, I rise today in and across the nation can thrive. We can de- Employer Flexibility Act, because the bill opposition to H.R. 1406, the so-called ‘‘Work- velop solutions that make raising a family would give employers the flexibility to deny ing Families Flexibility Act of 2013.’’ After re- easier for everyone. We have a lot of work their workers overtime pay. viewing the text, I must confess I am confused ahead to rebuild our economy and strengthen H.R. 1406 would overturn a key provision of about how the Majority came up with the our middle class, but this bill does neither. the landmark 1938 Fair Labor Standards Act name for this bill. The ‘‘Pay Working Families Mr. LANGEVIN. Mr. Speaker, I rise today in (FLSA) that ensures workers who work be- Less Act of 2013’’ certainly does not have the opposition to H.R. 1406, the so-called ‘‘Work- yond the 40 hour standard work week are to same ring to it—but it would be a fair title for ing Families Flexibility Act.’’ be paid overtime—a rate that is set higher legislation that undermines the rights that This bill, which might more accurately be ti- than the normal rate in order to keep the num- workers have struggled for generations to se- tled the ‘‘More Work, Less Pay Act,’’ would ber of hours workers are asked to work rea- cure. By repealing overtime protections in the undermine the right to overtime pay and fur- sonable. H.R. 1406 would undo this important Fair Labor Standards Act of 1938, this legisla- ther weaken worker protections. Instead of ac- provision so that an employer could, in lieu of tion offers flexibility for bosses eager to exploit tual money, employers would be authorized to making overtime payments to an hourly work- their workforce and roll back pro-family re- provide compensatory time off at a rate of 1.5 er, make the promise of some future time off. forms that 21st century families need. In their hours per hour of overtime worked. And this legislation goes one step further. place, is the illusion of flexibility wherein an While this might sound like a good deal in The time off promised in lieu of overtime pay- employee can take overtime compensation in theory, it’s a raw deal in practice. First, it could ment would be up to the discretion of the em- time rather than pay—but only when the em- end up denying countless workers the oppor- ployer. The employer could deny requests for ployer decides it is convenient. tunity to earn extra money they may des- time off for up to a year before the legislation However, just giving employers more flexi- perately need to pay their mortgage, cover would require employers pay out the equiva- bility is not what this bill is really about—H.R. medical bills, or provide a good education for lent in wages. This is great for bosses, but it 1406’s ultimate goal is the systematic evis- their children. Just as unfairly, there is no doesn’t do much for working families. ceration of overtime laws and all the benefits

VerDate Mar 15 2010 02:54 May 09, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 7634 Sfmt 9920 E:\CR\FM\A08MY7.019 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 8, 2013 CONGRESSIONAL RECORD — HOUSE H2519 they guarantee. No longer will employers have H.R. 1406 would also mean a pay cut for amend the Fair Labor Standards Act of an incentive to boost employment by hiring the millions of workers who need cash over- 1938 to provide compensatory time for enough workers to do the job. No longer will time to help pay their housing, food, and med- employees in the private sector, will employers be forced to do something as basic ical bills. Middle-income and low-income work- now resume. as treat employees equally. No longer will em- ers living paycheck to paycheck are already ployers be forced to pay every employee time- struggling to make ends meet and have come The Clerk read the title of the bill. and-a-half for working more than 40 hours a to rely on their overtime pay. After all, time off The SPEAKER pro tempore. Pending week. Instead, they can shuffle overtime hours does not pay the bills. is the demand of the gentleman from to employees who agree to take time rather The Fair Labor Standards Act and the 40- Connecticut (Mr. COURTNEY) for the than compensation. hour work week has been extremely success- yeas and nays on the question of adopt- Of course, this bill purports to protect ful for decades, why does the Majority want to ing the amendment offered by the gen- against such manipulation. H.R. 1406’s spon- change that other than to cater to employers tleman from New York (Mr. GIBSON). sor has said that the bill addresses these con- and continue their war on the working Amer- Those in support of the request for the cerns because it bans employers from intimi- ican? yeas and nays will rise and be counted. dating, coercing, and threatening workers. Mr. Speaker, under the guise of family- However, she also very clearly and very friendly public policy, the Working Families A sufficient number having risen, the tellingly failed to include protections against Flexibility Act is simply another assault on yeas and nays are ordered. Members discrimination. This lets employers force their workers’ rights. I urge my colleagues to op- will record their votes by electronic de- employees to compete against one another for pose this bill. vice. who will do the most work for the least amount Ms. NORTON. Mr. Speaker, by allowing Pursuant to clause 8 and clause 9 of of compensation. employers to deny overtime pay, by sub- If my friends across the aisle were serious stituting compensatory time off for overtime at rule XX, this 15-minute vote on adop- about being friendly to families, they would the discretion of employers and by denying tion of the amendment will be followed find a way to help them without gutting impor- guaranteed time off for workers when they by 5-minute votes on a motion to re- tant wage and hour protections that middle need it, the Republican attempt to give the na- commit H.R. 1406, if ordered; passage of class families need to survive. If my friends tion’s mothers a Mother’s Day bill gets jeers H.R. 1406, if ordered; ordering the pre- across the aisle were serious about workers’ instead of cheers. This same bill has died in vious question on House Resolution familial responsibilities, they would support committee or failed three times since 1996 202; and adoption of House Resolution Representative DELAURO’s Health Families and the President has pledged to veto it this Act. If they wanted to ensure that an illness 202, if ordered. time. We need new ideas for hard-pressed did not bankrupt a family, they would help working mothers, not a redux that takes more The vote was taken by electronic de- working families save by supporting the Fair than it gives. This was a message bill, not a vice, and there were—yeas 384, nays 42, Minimum Wage Act. If they cared about work- serious attempt to help working mothers. The not voting 6, as follows: ing mothers, they would support the Paycheck Senate won’t touch it. So, happy Mother’s Fairness Act so that women aren’t receiving [Roll No. 135] Day. We can and will do better. 77 cents for every dollar a man earns. YEAS—384 Unfortunately, they simply are not serious— The SPEAKER pro tempore. Pursu- at least not about helping working class fami- ant to House Resolution 198, the pre- Aderholt Chaffetz Fleischmann vious question is ordered on the bill, as Alexander Chu Fleming lies find the stability and security that a flexible Amash Cicilline Flores work environment offers. amended, and on the amendment of- Amodei Clarke Forbes I urge my colleagues to provide working fered by the gentleman from New York Bachmann Clay Fortenberry families with legislation that provides real (Mr. GIBSON). Bachus Cleaver Foster The SPEAKER pro tempore. The Barber Clyburn Foxx workplace flexibility and oppose this flawed Barletta Coble Franks (AZ) and disingenuous bill. question is on the amendment offered Barr Coffman Frelinghuysen Mr. BLUMENAUER. Mr. Speaker, I oppose by the gentleman from New York (Mr. Barrow (GA) Cohen Fudge the so called ‘‘Working Families Flexibility GIBSON). Barton Cole Gabbard The question was taken; and the Bass Collins (GA) Gallego Act,’’ which more accurately should be called Beatty Collins (NY) Garcia the ‘‘Less Pay for Middle Class Families Act.’’ Speaker pro tempore announced that Becerra Conaway Gardner I voted against similar legislation in 1997 and the ayes appeared to have it. Benishek Connolly Gerlach continue to strongly oppose this policy. In ef- Mr. COURTNEY. Mr. Speaker, on Bentivolio Cook Gibbs fect, this bill takes pay from the pockets of that I demand the yeas and nays. Bera (CA) Cotton Gibson Bilirakis Courtney Gingrey (GA) American families and loans it to their employ- The SPEAKER pro tempore. Pursu- Bishop (GA) Cramer Goodlatte ers, with no condition that they pay it back for ant to clause 1(c) of rule XIX, further Bishop (NY) Crawford Gosar up to a year. If enacted, this policy would proceedings on this question are post- Bishop (UT) Crenshaw Gowdy make life even more difficult for millions of poned. Black Cuellar Granger Blackburn Culberson Graves (GA) middle class Americans. Even the bill’s prom- f Blumenauer Cummings Graves (MO) ise of flexibility is only true for the employer, Bonamici Daines Grayson which can determine on its own when the em- RECESS Bonner Davis (CA) Green, Al ployee could use any accrued compensatory The SPEAKER pro tempore. Pursu- Boustany Davis, Danny Green, Gene Brady (TX) Davis, Rodney Griffin (AR) time. Enactment of this bill would translate into ant to clause 12(a) of rule I, the Chair Braley (IA) DeFazio Griffith (VA) less money for American workers, more power declares the House in recess subject to Bridenstine DeGette Grimm for their employers, and breaks the time-hon- the call of the Chair. Brooks (IN) Delaney Guthrie ored tradition that extra work means extra pay. Accordingly (at 3 o’clock and 32 min- Brown (FL) DeLauro Gutierrez Brownley (CA) DelBene Hahn This bill is an affront to middle class families utes p.m.), the House stood in recess. Buchanan Denham Hall across America. I oppose it. f Bucshon Dent Hanabusa Mr. FARR. Mr. Speaker, I rise today to offer Burgess DeSantis Hanna my strong opposition to the egregiously mis- b 1700 Bustos DesJarlais Harper named Working Families Flexibility Act. It Butterfield Diaz-Balart Harris AFTER RECESS Calvert Doggett Hartzler should be named the Working Families Inflexi- Camp Duckworth Hastings (FL) bility Act. This bill takes all of the control and The recess having expired, the House Campbell Duffy Hastings (WA) choice out of the hands of workers and hands was called to order by the Speaker pro Cantor Duncan (TN) Heck (NV) it right over to employers! tempore (Mr. YODER) at 5 p.m. Capito Edwards Heck (WA) Capps Ellison Hensarling H.R. 1406 denies workers their earned over- f Capuano Ellmers Herrera Beutler time pay and deprives them of any promise of Ca´ rdenas Engel Higgins future compensation. It strips them of any WORKING FAMILIES FLEXIBILITY Carney Eshoo Himes guarantees of time off for personal or family ACT OF 2013—Continued Carson (IN) Esty Hinojosa Carter Farenthold Holding emergencies. It would, however, guarantee The SPEAKER pro tempore. Pursu- Cassidy Farr Holt them longer work hours and less control over ant to clause 1(c) of rule XIX, further Castro (TX) Fincher Horsford their own schedules. consideration of the bill (H.R. 1406) to Chabot Fitzpatrick Hoyer

VerDate Mar 15 2010 04:18 May 09, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.021 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2520 CONGRESSIONAL RECORD — HOUSE May 8, 2013 Hudson Meehan Sanchez, Loretta b 1728 The Republican bill boils down to Huelskamp Meeks Sarbanes Huffman Meng Scalise Messrs. CROWLEY, BRADY of Penn- this: more work, less pay. This con- Huizenga (MI) Messer Schiff sylvania, DUNCAN of South Carolina, tinues the House Republican no jobs Hultgren Mica Schneider and SMITH of Washington changed agenda that undermines American Hunter Michaud Schock workers, weakens worker checkbooks, Hurt Miller (FL) Schrader their vote from ‘‘yea’’ to ‘‘nay.’’ Israel Miller (MI) Schwartz Mr. TIERNEY, Ms. DEGETTE, Mr. and harms the middle class. This legis- Issa Miller, Gary Schweikert NEAL, Ms. EDDIE BERNICE JOHN- lation does not guarantee that workers Jenkins Miller, George Scott (VA) SON of Texas, Messrs. ELLISON, will be able to use the time they have Johnson (GA) Moran Scott, Austin Johnson (OH) Mullin Scott, David LEVIN, BARBER, ENGEL, LARSEN of earned when they need it the most. In- Johnson, E. B. Mulvaney Sensenbrenner Washington, and MCDERMOTT, Ms. stead, the comp time earned by work- Johnson, Sam Murphy (FL) Serrano SINEMA, and Messrs. KEATING, LAR- ers would go into a pot that would be Jones Murphy (PA) Sessions SON of Connecticut, and WHITFIELD controlled by their employer. This is Joyce Napolitano Sewell (AL) Keating Neal Shea-Porter changed their vote from ‘‘nay’’ to not more flexibility for workers; it’s Kelly (IL) Negrete McLeod Sherman ‘‘yea.’’ less pay for workers. Kelly (PA) Neugebauer Shimkus So the amendment was agreed to. Kennedy Noem Shuster The result of the vote was announced Under this bill, employers could Kilmer Nugent Simpson schedule excessive overtime hours and Kind Nunes as above recorded. Sinema only offer overtime work to workers King (IA) Nunnelee Smith (NE) The SPEAKER pro tempore. The King (NY) O’Rourke Smith (NJ) question is on the engrossment and who agree to take comp time instead of Kingston Olson Smith (TX) overtime wages. An employer can Kinzinger (IL) Owens third reading of the bill. Southerland refuse to allow a worker to take time Kirkpatrick Pallone Speier The bill was ordered to be engrossed Kline Pascrell Stewart and read a third time, and was read the off to deal with a family member or to Kuster Pastor (AZ) Stivers third time. attend a parent-teacher conference. Labrador Paulsen Stockman LaMalfa Payne MOTION TO RECOMMIT And under this bill, if employers Stutzman Lamborn Pelosi choose not to allow the time off, work- Swalwell (CA) Ms. SHEA-PORTER. Mr. Speaker, I Lance Perry Terry have a motion to recommit at the ers will get paid at the end of the year, Langevin Peters (CA) Thompson (CA) Lankford Peters (MI) desk. having kindly provided their boss with Thompson (MS) Larsen (WA) Peterson The SPEAKER pro tempore. Is the an interest-free loan. And let’s hope Thompson (PA) Larson (CT) Petri Thornberry gentlewoman opposed to the bill? the year’s worth of accounting is accu- Latham Pingree (ME) Tiberi Ms. SHEA-PORTER. I am opposed in rate. Latta Pittenger Tierney Lee (CA) Pitts its current form. Tipton So this amendment presents the Levin Poe (TX) The SPEAKER pro tempore. The Titus House with a choice: support hard- Lewis Polis Clerk will report the motion to recom- Tonko working Americans and their families, Lipinski Pompeo mit. LoBiondo Posey Tsongas or side with interest groups and cor- Turner The Clerk read as follows: Loebsack Price (GA) porate lobbyists. Lofgren Price (NC) Upton Mr. Shea-Porter moves to recommit the Valadao Long Quigley bill, H.R. 1406, to the Committee on Edu- This final amendment says that Lowey Radel Van Hollen Vargas cation and the Workforce with instructions workers may not be denied use of Lucas Rangel to report the bill back to the House forth- Luetkemeyer Reed Veasey earned compensation time to attend a Lujan Grisham Reichert Vela with with the following amendment: medical appointment, care for a sick Vela´ zquez Page 8, after line 9, insert the following: (NM) Renacci child or a family member, or for vet- Luja´ n, Ben Ray Ribble Visclosky ‘‘(8) GUARANTEED EMPLOYEE CHOICE FOR USE (NM) Rice (SC) Wagner OF COMP TIME FOR CERTAIN PURPOSES.—An erans to attend counseling or rehabili- Lummis Richmond Walberg employee may not be denied use of earned tation appointments for injuries suf- Lynch Rigell Walden compensation time for the specific date and Walorski fered in combat. Finally, if you are an Maffei Roby time requested by the employee for the fol- Maloney, Roe (TN) Walz employer that has violated the Equal lowing family or medical purposes: Carolyn Rogers (AL) Watt Pay Act, my amendment ensures that ‘‘(A) To attend a medical appointment, in- Maloney, Sean Rogers (KY) Waxman you can’t cut workers’ overtime pay Marchant Rogers (MI) Weber (TX) cluding a medical appointment for a family Marino Rohrabacher Welch member. also. That’s just common sense. Massie Rokita Wenstrup ‘‘(B) To care for a sick child or other fam- Today, as the gap between the very Matheson Rooney Westmoreland ily member or because the employee is sick. wealthy and middle class Americans is Matsui Ros-Lehtinen Whitfield ‘‘(C) To attend counseling or rehabilitation McCarthy (CA) Roskam Williams appointments in relation to injuries sus- widening, a pay cut is the last thing McCaul Ross Wilson (FL) that hardworking Americans who are McClintock Rothfus Wilson (SC) tained by the employee as a member of the McCollum Roybal-Allard Wittman Armed Forces. struggling to provide for their families McDermott Ruiz Wolf ‘‘(9) EXCLUSION OF EMPLOYERS THAT VIO- need. That’s why President Obama has McHenry Runyan Womack LATE EQUAL PAY PROTECTIONS FOR WOMEN.— pledged to veto this legislation, and McIntyre Ruppersberger Woodall An employer that has been found to have that’s why more than 160 organizations McKeon Rush Yarmuth violated section 6(d) (as added by the Equal McKinley Ryan (OH) Yoder oppose it, including women’s organiza- Pay Act of 1963) shall not be eligible to re- McMorris Ryan (WI) Yoho tions, labor organizations, and civil Rodgers Salmon Young (AK) place monetary overtime compensation with McNerney Sa´ nchez, Linda Young (FL) compensatory time under this subsection.’’. rights organizations. Meadows T. Young (IN) Page 8, line 10, strike ‘‘(8)’’ and insert Now, I’m passionate about workers’ ‘‘(10)’’. NAYS—42 rights because that’s where I come The SPEAKER pro tempore. The gen- from. I worked on the floor of a manu- Andrews Fattah Nolan tlewoman from New Hampshire is rec- Brady (PA) Frankel (FL) Palazzo facturing plant to pay for college. I Brooks (AL) Garamendi Perlmutter ognized for 5 minutes. took all the overtime I could work, sec- Broun (GA) Garrett Pocan Ms. SHEA-PORTER. Mr. Speaker, I ond and third shifts, and I needed that Cartwright Grijalva Rahall rise in opposition to this bill and to money. I remember the tough condi- Castor (FL) Honda Schakowsky offer the final amendment, which will Conyers Jackson Lee tions in that plant. Workers were Sires not kill the bill or send it back to com- Cooper Jeffries Slaughter afraid to question management. Any- Costa Kaptur Smith (WA) mittee. If adopted, the bill will imme- Crowley Kildee one who thinks this won’t happen to Takano diately proceed to final passage, as Deutch Lowenthal many workers who try to get comp Wasserman amended. Dingell McCarthy (NY) time when they need it is fooling them- Doyle McGovern Schultz The amendment I offer today would Duncan (SC) Moore Waters reject this bill’s attack on workers and selves. Enyart Nadler their families. The base bill brought to Workers need the guarantees pro- NOT VOTING—6 the floor today effectively ends the 40- vided in this final amendment in order Gohmert Markey Royce hour workweek and offers comp time in to make sure they’re not trading over- Jordan Pearce Webster (FL) lieu of overtime pay. time pay for comp time they might

VerDate Mar 15 2010 04:18 May 09, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.023 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 8, 2013 CONGRESSIONAL RECORD — HOUSE H2521 never be able to use. Instead of asking RECORDED VOTE Conaway Jenkins Renacci Cook Johnson (OH) Ribble employees to work more and get paid Ms. SHEA-PORTER. Mr. Speaker, I Cotton Johnson, Sam Rice (SC) less, I urge my colleagues to adopt this demand a recorded vote. Cramer Jordan Rigell amendment and protect veterans, A recorded vote was ordered. Crawford Joyce Roby Crenshaw Kelly (PA) Roe (TN) women, and working families. The SPEAKER pro tempore. This I yield back the balance of my time. Culberson King (IA) Rogers (AL) will be a 5-minute vote. Daines King (NY) Rogers (KY) Mrs. ROBY. Mr. Speaker, I rise in op- The vote was taken by electronic de- Davis, Rodney Kingston Rogers (MI) position to the motion to recommit. Denham Kinzinger (IL) Rohrabacher The SPEAKER pro tempore. The gen- vice, and there were—ayes 200, noes 227, Dent Kline Rokita tlewoman from Alabama is recognized not voting 5, as follows: DeSantis Labrador Rooney [Roll No. 136] DesJarlais LaMalfa Ros-Lehtinen for 5 minutes. Diaz-Balart Lamborn Roskam Mrs. ROBY. Mr. Speaker, here we go AYES—200 Duffy Lance Ross Duncan (SC) Lankford Rothfus again. My friends on the other side of Andrews Green, Gene Nolan Duncan (TN) Latham Runyan the aisle are again refusing to work Barber Grijalva O’Rourke Ellmers Latta Ryan (WI) Barrow (GA) Gutierrez Owens with us to help American families. In- Farenthold LoBiondo Salmon Bass Hahn stead, they are spending their time Pallone Fincher Long Scalise Beatty Hanabusa Pascrell Fitzpatrick Lucas Schock taking political shots and, in fact, po- Becerra Hastings (FL) Pastor (AZ) Fleischmann Luetkemeyer Schweikert liticizing Mother’s Day in order to do Bera (CA) Heck (WA) Payne Fleming Lummis Scott, Austin Bishop (GA) Higgins it. Pelosi Flores Marchant Sensenbrenner Bishop (NY) Himes Despite having taken the underlying Perlmutter Forbes Marino Sessions Blumenauer Hinojosa Peters (CA) Fortenberry Massie Shimkus bill through the committee process be- Bonamici Holt Peters (MI) Foxx McCarthy (CA) Shuster fore bringing it to the floor, my Demo- Brady (PA) Honda Peterson Franks (AZ) McCaul Simpson Braley (IA) Horsford cratic colleagues have made no real at- Pingree (ME) Frelinghuysen McClintock Smith (NE) Brown (FL) Hoyer Pocan Gardner McHenry Smith (NJ) tempt to engage in meaningful con- Brownley (CA) Huffman Garrett McKeon Smith (TX) versations on this bill. In fact, while Bustos Israel Polis Gerlach McKinley Southerland Butterfield Jackson Lee Price (NC) they originally offered a related provi- Gibbs McMorris Stewart Capps Jeffries Quigley sion as an amendment to floor consid- Gibson Rodgers Stivers Capuano Johnson (GA) Rahall Gingrey (GA) Meadows Stockman eration, it was quickly withdrawn. I Ca´ rdenas Johnson, E. B. Rangel Gohmert Meehan Stutzman guess they’ve decided they score more Carney Jones Roybal-Allard Goodlatte Messer Terry Carson (IN) Kaptur Ruiz political points by waiting until now, Gosar Mica Thompson (PA) Cartwright Keating Ruppersberger when the process is about to conclude, Gowdy Miller (FL) Thornberry Castor (FL) Kelly (IL) Rush Granger Miller (MI) Tiberi than offering up meaningful sugges- Castro (TX) Kennedy Ryan (OH) Graves (GA) Miller, Gary Tipton tions during the months we’ve been de- Chu Kildee Sa´ nchez, Linda Graves (MO) Mullin Turner Cicilline Kilmer T. bating this issue. Griffin (AR) Mulvaney Upton Clarke Kind Sanchez, Loretta Americans are tired of this game. Griffith (VA) Murphy (PA) Valadao Clay Kirkpatrick Sarbanes Grimm Neugebauer Wagner They’re tired of watching us fight each Cleaver Kuster Schakowsky Guthrie Noem Walberg other when we should be fighting for Clyburn Langevin Schiff Hall Nugent Walden Cohen Larsen (WA) Schneider them. That is why it is time that we Hanna Nunes Walorski Connolly Larson (CT) Schrader Harper Nunnelee Weber (TX) pass the Working Families Flexibility Conyers Lee (CA) Schwartz Harris Olson Wenstrup Act. Our bill gives private sector em- Cooper Levin Scott (VA) Hartzler Palazzo Westmoreland Costa Lewis ployees the same choice government Scott, David Hastings (WA) Paulsen Whitfield Courtney Lipinski workers have enjoyed for decades: the Serrano Heck (NV) Perry Williams Crowley Loebsack Sewell (AL) Hensarling Petri Wilson (SC) choice to receive comp time instead of Cuellar Lofgren Shea-Porter Herrera Beutler Pittenger Wittman wages for overtime. Cummings Lowenthal Sherman Holding Pitts Wolf Davis (CA) Lowey Again, this is something that the Sinema Hudson Poe (TX) Womack Davis, Danny Lujan Grisham public sector has engaged in for many, Sires Huelskamp Pompeo Woodall DeFazio (NM) Slaughter Huizenga (MI) Posey Yoder many years—decades, in fact. If it’s DeGette Luja´ n, Ben Ray Smith (WA) Hultgren Price (GA) Yoho Delaney (NM) good enough for the Federal Govern- Speier Hunter Radel Young (AK) DeLauro Lynch ment, it ought to be good enough for Swalwell (CA) Hurt Reed Young (FL) DelBene Maffei Takano Issa Reichert Young (IN) the private sector. Deutch Maloney, Thompson (CA) I’m a mom. Riley and I have two Dingell Carolyn Thompson (MS) NOT VOTING—5 Doggett Maloney, Sean beautiful children, Margaret and Tierney Doyle Matheson Markey Richmond Webster (FL) George. Margaret is 8 and George is 4. Titus Duckworth Matsui Pearce Royce I understand the pulls on working fam- Edwards McCarthy (NY) Tonko ilies as we balance our workplace and Ellison McCollum Tsongas b 1746 our home time. This is about helping Engel McDermott Van Hollen Vargas So the motion to recommit was re- working moms and dads. This is about Enyart McGovern Eshoo McIntyre Veasey jected. providing the ability to spend time at Esty McNerney Vela Vela´ zquez The result of the vote was announced home that’s so needed in today’s hectic Farr Meeks as above recorded. time. I know this firsthand. And this is Fattah Meng Visclosky Walz The SPEAKER pro tempore. The important and will provide help for Foster Michaud Frankel (FL) Miller, George Wasserman question is on the passage of the bill. Schultz many working families. This could Fudge Moore The question was taken; and the Gabbard Moran Waters change lives. Speaker pro tempore announced that It is time to do the right thing for Gallego Murphy (FL) Watt Garamendi Nadler Waxman the ayes appeared to have it. working families. It is time we do the Garcia Napolitano Welch RECORDED VOTE right thing for American families. Grayson Neal Wilson (FL) Let’s pass the Working Families Flexi- Green, Al Negrete McLeod Yarmuth Mr. ANDREWS. Mr. Speaker, I de- mand a recorded vote. bility Act. I encourage my colleagues NOES—227 A recorded vote was ordered. to defeat this motion to recommit, and Aderholt Black Camp I yield back the balance of my time. Alexander Blackburn Campbell The SPEAKER pro tempore. This The SPEAKER pro tempore. Without Amash Bonner Cantor will be a 5-minute vote. objection, the previous question is or- Amodei Boustany Capito The vote was taken by electronic de- Bachmann Brady (TX) Carter vice, and there were—ayes 223, noes 204, dered on the motion to recommit. Bachus Bridenstine Cassidy There was no objection. Barletta Brooks (AL) Chabot not voting 5, as follows: The SPEAKER pro tempore. The Barr Brooks (IN) Chaffetz [Roll No. 137] Barton Broun (GA) Coble question is on the motion to recommit. AYES—223 The question was taken; and the Benishek Buchanan Coffman Bentivolio Bucshon Cole Aderholt Amodei Barletta Speaker pro tempore announced that Bilirakis Burgess Collins (GA) Alexander Bachmann Barr the noes appeared to have it. Bishop (UT) Calvert Collins (NY) Amash Bachus Barton

VerDate Mar 15 2010 02:54 May 09, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.079 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2522 CONGRESSIONAL RECORD — HOUSE May 8, 2013 Benishek Graves (MO) Peterson Heck (WA) Matsui Sa´ nchez, Linda [Roll No. 138] Bentivolio Griffin (AR) Petri Higgins McCarthy (NY) T. Bilirakis Griffith (VA) Pittenger Himes McCollum Sanchez, Loretta YEAS—227 Bishop (UT) Guthrie Pitts Hinojosa McDermott Sarbanes Aderholt Gosar Palazzo Black Hall Poe (TX) Holt McGovern Schakowsky Alexander Gowdy Paulsen Blackburn Harper Pompeo Honda McIntyre Schiff Amash Granger Perry Bonner Harris Posey Horsford McNerney Schneider Amodei Graves (GA) Petri Boustany Hartzler Price (GA) Hoyer Meehan Schrader Bachmann Graves (MO) Pittenger Brady (TX) Hastings (WA) Radel Huffman Meeks Schwartz Bachus Griffin (AR) Pitts Bridenstine Heck (NV) Reed Israel Meng Scott (VA) Barletta Griffith (VA) Poe (TX) Brooks (AL) Hensarling Reichert Jackson Lee Michaud Scott, David Barr Grimm Pompeo Brooks (IN) Herrera Beutler Renacci Jeffries Miller, George Serrano Barton Guthrie Posey Broun (GA) Holding Ribble Johnson (GA) Moore Sewell (AL) Benishek Hall Price (GA) Buchanan Hudson Rice (SC) Johnson, E. B. Moran Shea-Porter Bentivolio Hanna Radel Bucshon Huelskamp Rigell Joyce Murphy (FL) Sherman Bilirakis Harper Reed Kaptur Sinema Burgess Huizenga (MI) Roby Nadler Bishop (UT) Harris Reichert Keating Sires Calvert Hultgren Roe (TN) Napolitano Black Hartzler Renacci Camp Hunter Kelly (IL) Slaughter Rogers (AL) Neal Blackburn Hastings (WA) Ribble Campbell Hurt Kennedy Smith (NJ) Rogers (KY) Negrete McLeod Bonner Heck (NV) Rice (SC) Cantor Issa Kildee Smith (WA) Rogers (MI) Nolan Boustany Hensarling Rigell Capito Jenkins Kilmer Speier Rohrabacher O’Rourke Brady (TX) Herrera Beutler Roby Carter Johnson (OH) Kind Swalwell (CA) Rokita Owens Bridenstine Holding Roe (TN) Cassidy Johnson, Sam Kirkpatrick Takano Rooney Pallone Brooks (AL) Hudson Rogers (AL) Chabot Jones Ros-Lehtinen Kuster Thompson (CA) Brooks (IN) Huizenga (MI) Rogers (KY) Chaffetz Jordan Langevin Pascrell Thompson (MS) Roskam Pastor (AZ) Broun (GA) Hultgren Rogers (MI) Coble Kelly (PA) Ross Larsen (WA) Tierney Buchanan Hunter Rohrabacher Larson (CT) Payne Coffman King (IA) Rothfus Titus Bucshon Hurt Rokita Lee (CA) Pelosi Tonko Cole King (NY) Ryan (WI) Burgess Issa Rooney Levin Perlmutter Tsongas Collins (GA) Kingston Salmon Calvert Jenkins Ros-Lehtinen Lewis Peters (CA) Van Hollen Collins (NY) Kinzinger (IL) Scalise Camp Johnson (OH) Roskam Conaway Kline Lipinski Peters (MI) Vargas Schock Campbell Johnson, Sam Ross Cook Labrador LoBiondo Pingree (ME) Veasey Schweikert Cantor Jones Rothfus Cotton LaMalfa Loebsack Pocan Vela Scott, Austin Capito Jordan Runyan Cramer Lamborn Lofgren Polis Vela´ zquez Sensenbrenner Carter Joyce Ryan (WI) Crawford Lance Lowenthal Price (NC) Visclosky Sessions Cassidy Kelly (PA) Salmon Crenshaw Lankford Lowey Quigley Walz Shimkus Chabot King (IA) Scalise Cuellar Latham Lujan Grisham Rahall Wasserman Shuster Chaffetz King (NY) Schock Culberson Latta (NM) Rangel Schultz Simpson Coble Kingston Schweikert Daines Long Luja´ n, Ben Ray Richmond Waters Smith (NE) Coffman Kinzinger (IL) Scott, Austin Davis, Rodney Lucas (NM) Roybal-Allard Watt Smith (TX) Cole Kline Sensenbrenner Denham Luetkemeyer Lynch Ruiz Waxman Southerland Collins (GA) Labrador Sessions Dent Lummis Maffei Runyan Welch Stewart Collins (NY) LaMalfa Shimkus DeSantis Marchant Maloney, Ruppersberger Wilson (FL) Conaway Lamborn Shuster DesJarlais Marino Stivers Carolyn Rush Yarmuth Stockman Cook Lance Simpson Diaz-Balart Massie Maloney, Sean Ryan (OH) Young (AK) Cotton Lankford Smith (NE) Duffy Matheson Stutzman Terry NOT VOTING—5 Cramer Latham Smith (NJ) Duncan (SC) McCarthy (CA) Crawford Thompson (PA) Latta Smith (TX) Duncan (TN) McCaul Gutierrez Pearce Webster (FL) Crenshaw LoBiondo Southerland Thornberry Ellmers McClintock Markey Royce Culberson Long Stewart Tiberi Farenthold McHenry Daines Lucas Stivers Tipton Fincher McKeon Davis, Rodney Luetkemeyer Stockman Turner Fitzpatrick McKinley b 1753 Denham Lummis Stutzman Upton Fleischmann McMorris Dent Marchant Terry Valadao So the bill was passed. Fleming Rodgers DeSantis Marino Thompson (PA) Wagner Flores Meadows The result of the vote was announced DesJarlais Massie Thornberry Walberg Forbes Messer Diaz-Balart McCarthy (CA) Tiberi Walden as above recorded. Fortenberry Mica Duffy McCaul Tipton Walorski A motion to reconsider was laid on Foxx Miller (FL) Duncan (SC) McClintock Turner Franks (AZ) Miller (MI) Weber (TX) the table. Duncan (TN) McHenry Upton Frelinghuysen Miller, Gary Wenstrup Stated for: Ellmers McKeon Valadao Westmoreland Gardner Mullin Mr. PEARCE. Mr. Speaker, on rollcall No. Farenthold McKinley Wagner Garrett Mulvaney Whitfield Fincher McMorris Walberg Gerlach Murphy (PA) Williams 137, I am not recorded because I was absent Fitzpatrick Rodgers Walden Gibbs Neugebauer Wilson (SC) from the House of Representatives for per- Fleischmann Meadows Walorski Gibson Noem Wittman sonal reasons. Had I been present, I would Fleming Meehan Weber (TX) Gingrey (GA) Nugent Wolf have voted ‘‘aye.’’ Flores Messer Wenstrup Gohmert Nunes Womack Forbes Mica Westmoreland Goodlatte Nunnelee Woodall Fortenberry Miller (FL) Whitfield Gosar Olson Yoder f Foxx Miller (MI) Williams Gowdy Palazzo Yoho Franks (AZ) Miller, Gary Wilson (SC) Granger Paulsen Young (FL) Frelinghuysen Mullin Wittman Graves (GA) Perry Young (IN) PROVIDING FOR CONSIDERATION Gardner Mulvaney Wolf OF H.R. 807, FULL FAITH AND Garrett Murphy (PA) Womack NOES—204 CREDIT ACT Gerlach Neugebauer Woodall Andrews Chu Duckworth Gibbs Noem Yoder Barber Cicilline Edwards The SPEAKER pro tempore. The un- Gibson Nugent Yoho Barrow (GA) Clarke Ellison Gingrey (GA) Nunes Young (AK) finished business is the vote on order- Gohmert Nunnelee Young (FL) Bass Clay Engel ing the previous question on the reso- Beatty Cleaver Enyart Goodlatte Olson Young (IN) Becerra Clyburn Eshoo lution (H. Res. 202) providing for con- Bera (CA) Cohen Esty sideration of the bill (H.R. 807) to re- NAYS—199 Bishop (GA) Connolly Farr quire that the Government prioritize Andrews Capuano Courtney Bishop (NY) Conyers Fattah Barber Ca´ rdenas Crowley Blumenauer Cooper Foster all obligations on the debt held by the Barrow (GA) Carney Cuellar Bonamici Costa Frankel (FL) public in the event that the debt limit Bass Carson (IN) Cummings Brady (PA) Courtney Fudge is reached, on which the yeas and nays Beatty Cartwright Davis (CA) Braley (IA) Crowley Gabbard were ordered. Becerra Castor (FL) Davis, Danny Brown (FL) Cummings Gallego Bera (CA) Castro (TX) DeFazio Brownley (CA) Davis (CA) Garamendi The Clerk read the title of the resolu- Bishop (GA) Chu DeGette Bustos Davis, Danny Garcia tion. Bishop (NY) Cicilline Delaney Butterfield DeFazio Grayson The SPEAKER pro tempore. The Blumenauer Clarke DeLauro Capps DeGette Green, Al Bonamici Clay DelBene Capuano Delaney Green, Gene question is on ordering the previous Brady (PA) Cleaver Deutch Ca´ rdenas DeLauro Grijalva question. Braley (IA) Clyburn Dingell Carney DelBene Grimm This will be a 5-minute vote. Brown (FL) Cohen Doggett Carson (IN) Deutch Hahn The vote was taken by electronic de- Brownley (CA) Connolly Doyle Cartwright Dingell Hanabusa Bustos Conyers Duckworth Castor (FL) Doggett Hanna vice, and there were—yeas 227, nays Butterfield Cooper Edwards Castro (TX) Doyle Hastings (FL) 199, not voting 6, as follows: Capps Costa Ellison

VerDate Mar 15 2010 02:54 May 09, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.026 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 8, 2013 CONGRESSIONAL RECORD — HOUSE H2523 Engel Lipinski Rahall Fincher Lamborn Rogers (KY) McCarthy (NY) Pingree (ME) Sinema Enyart Loebsack Rangel Fitzpatrick Lance Rogers (MI) McCollum Pocan Sires Eshoo Lofgren Richmond Fleischmann Lankford Rohrabacher McDermott Polis Slaughter Esty Lowenthal Roybal-Allard Fleming Latham Rokita McGovern Price (NC) Smith (WA) Farr Lowey Ruiz Flores Latta Rooney McIntyre Quigley Speier Fattah Lujan Grisham Ruppersberger Forbes LoBiondo Ros-Lehtinen McNerney Rahall Swalwell (CA) Foster (NM) Rush Fortenberry Long Roskam Meeks Rangel Takano Frankel (FL) Luja´ n, Ben Ray Ryan (OH) Foxx Lucas Ross Meng Richmond Thompson (CA) Fudge (NM) Sa´ nchez, Linda Franks (AZ) Luetkemeyer Rothfus Michaud Roybal-Allard Thompson (MS) Gabbard Lynch T. Frelinghuysen Lummis Runyan Miller, George Ruiz Tierney Gallego Maffei Sanchez, Loretta Gardner Marchant Ryan (WI) Moran Ruppersberger Titus Garamendi Maloney, Sarbanes Garrett Marino Salmon Murphy (FL) Rush Tonko Garcia Carolyn Schakowsky Gerlach Massie Scalise Nadler Ryan (OH) Tsongas ´ Grayson Maloney, Sean Schiff Gibbs McCarthy (CA) Schock Napolitano Sanchez, Linda Van Hollen Green, Al Matheson Schneider Gibson McCaul Schweikert Neal T. Vargas Green, Gene Matsui Schrader Negrete McLeod Gingrey (GA) McClintock Scott, Austin Sanchez, Loretta Veasey Grijalva McCarthy (NY) Schwartz Nolan Sarbanes Vela Goodlatte McHenry Sensenbrenner Gutierrez McCollum Scott (VA) Gosar McKeon O’Rourke Schakowsky Vela´ zquez Sessions Hahn McDermott Scott, David Gowdy McKinley Owens Schiff Visclosky Shimkus Hanabusa McGovern Serrano Granger McMorris Pallone Schneider Walz Shuster Hastings (FL) McIntyre Sewell (AL) Graves (GA) Rodgers Pascrell Schrader Wasserman Simpson Heck (WA) McNerney Shea-Porter Graves (MO) Meadows Pastor (AZ) Schwartz Schultz Smith (NE) Higgins Meeks Sherman Griffin (AR) Meehan Payne Scott (VA) Waters Smith (NJ) Himes Meng Sinema Griffith (VA) Messer Pelosi Scott, David Watt Smith (TX) Hinojosa Michaud Sires Grimm Mica Perlmutter Serrano Waxman Southerland Holt Miller, George Slaughter Guthrie Miller (FL) Peters (CA) Sewell (AL) Welch Honda Moore Smith (WA) Hall Miller (MI) Stewart Peters (MI) Shea-Porter Wilson (FL) Horsford Moran Swalwell (CA) Hanna Miller, Gary Stivers Peterson Sherman Yarmuth Hoyer Murphy (FL) Takano Stockman Harper Mullin NOT VOTING—7 Huffman Nadler Thompson (CA) Harris Mulvaney Stutzman Israel Napolitano Thompson (MS) Hartzler Murphy (PA) Terry Bachus Moore Webster (FL) Jackson Lee Neal Tierney Hastings (WA) Neugebauer Thompson (PA) Gohmert Pearce Jeffries Negrete McLeod Titus Heck (NV) Noem Thornberry Markey Royce Johnson (GA) Nolan Tonko Hensarling Nugent Tiberi Johnson, E. B. O’Rourke Tsongas Herrera Beutler Nunes Tipton b 1812 Kaptur Owens Van Hollen Holding Nunnelee Turner Upton So the resolution was agreed to. Keating Pallone Vargas Hudson Olson The result of the vote was announced Kelly (IL) Pascrell Veasey Huelskamp Palazzo Valadao Kennedy Pastor (AZ) Vela Huizenga (MI) Paulsen Wagner as above recorded. Kildee Payne Vela´ zquez Hultgren Perry Walberg A motion to reconsider was laid on Kilmer Pelosi Visclosky Hunter Petri Walden the table. Kind Perlmutter Walz Hurt Pittenger Walorski PERSONAL EXPLANATION Kirkpatrick Peters (CA) Wasserman Issa Pitts Weber (TX) Kuster Peters (MI) Schultz Jenkins Poe (TX) Wenstrup Mr. ROYCE. Mr. Speaker, I rise today re- Langevin Peterson Waters Johnson (OH) Pompeo Westmoreland garding my recent absence from the House on Larsen (WA) Pingree (ME) Watt Johnson, Sam Posey Whitfield Wednesday, May 8th. During this time, as Larson (CT) Pocan Waxman Jones Price (GA) Williams Lee (CA) Polis Welch Jordan Radel Wilson (SC) Chairman of the Foreign Affairs Committee, I Levin Price (NC) Wilson (FL) Joyce Reed Wittman travelled back to Southern California to partici- Lewis Quigley Yarmuth Kelly (PA) Reichert Wolf pate in the official visit of President Park King (IA) Renacci Womack Geun-hye of South Korea. Because of this ab- NOT VOTING—6 King (NY) Ribble Woodall Huelskamp Pearce Speier Kingston Rice (SC) Yoder sence, I missed several important votes on the Markey Royce Webster (FL) Kinzinger (IL) Rigell Yoho House floor, and would like to submit how I Kline Roby Young (AK) would have voted had I been in attendance. b 1800 Labrador Roe (TN) Young (FL) The votes were: LaMalfa Rogers (AL) Young (IN) So the previous question was ordered. Rollcall No. 135, on Agreeing to the Amend- The result of the vote was announced NAYS—199 ment to H.R. 1406, the Gibson of New York Amendment No. 1. I would have voted ‘‘aye.’’ as above recorded. Andrews Davis (CA) Honda Rollcall No. 136, on the Motion to Recommit The SPEAKER pro tempore. The Barber Davis, Danny Horsford H.R. 1406 with instructions, I would have question is on the resolution. Barrow (GA) DeFazio Hoyer Bass DeGette Huffman voted ‘‘no.’’ The question was taken; and the Beatty Delaney Israel Rollcall No. 137, on Passage of H.R. 1406, Speaker pro tempore announced that Becerra DeLauro Jackson Lee the Working Families Flexibility Act, I would the ayes appeared to have it. Bera (CA) DelBene Jeffries Bishop (GA) Deutch Johnson (GA) have voted ‘‘aye’’ Ms. SLAUGHTER. Mr. Speaker, on Bishop (NY) Dingell Johnson, E. B. Rollcall No. 138, on Ordering the Previous that I demand the yeas and nays. Blumenauer Doggett Kaptur Question for H. Res. 202, To Provide for Con- The yeas and nays were ordered. Bonamici Doyle Keating Brady (PA) Duckworth Kelly (IL) sideration of H.R. 807, the Full Faith and The SPEAKER pro tempore. This is a Braley (IA) Edwards Kennedy Credit Act I would have voted ‘‘aye.’’ 5-minute vote. Brown (FL) Ellison Kildee Rollcall No. 139, on H. Res. 202, Providing The vote was taken by electronic de- Brownley (CA) Engel Kilmer for consideration of the bill H.R. 807, the Full vice, and there were—yeas 226, nays Bustos Enyart Kind Butterfield Eshoo Kirkpatrick Faith and Credit Act I would have voted ‘‘aye.’’ 199, not voting 7, as follows: Capps Esty Kuster f [Roll No. 139] Capuano Farr Langevin Ca´ rdenas Fattah Larsen (WA) HOUR OF MEETING ON TOMORROW YEAS—226 Carney Foster Larson (CT) Mr. COLLINS of Georgia. Mr. Speak- Aderholt Brooks (IN) Conaway Carson (IN) Frankel (FL) Lee (CA) Alexander Broun (GA) Cook Cartwright Fudge Levin er, I ask unanimous consent that when Amash Buchanan Cotton Castor (FL) Gabbard Lewis the House adjourns today, it adjourn to Amodei Bucshon Cramer Castro (TX) Gallego Lipinski meet at 9 a.m. tomorrow. Bachmann Burgess Crawford Chu Garamendi Loebsack The SPEAKER pro tempore (Mr. Barletta Calvert Crenshaw Cicilline Garcia Lofgren Barr Camp Culberson Clarke Grayson Lowenthal RODNEY DAVIS of Illinois). Is there ob- Barton Campbell Daines Clay Green, Al Lowey jection to the request of the gentleman Benishek Cantor Davis, Rodney Cleaver Green, Gene Lujan Grisham from Georgia? Bentivolio Capito Denham Clyburn Grijalva (NM) There was no objection. Bilirakis Carter Dent Cohen Gutierrez Luja´ n, Ben Ray Bishop (UT) Cassidy DeSantis Connolly Hahn (NM) f Black Chabot DesJarlais Conyers Hanabusa Lynch Blackburn Chaffetz Diaz-Balart Cooper Hastings (FL) Maffei REMOVAL OF NAME OF MEMBER Bonner Coble Duffy Costa Heck (WA) Maloney, AS COSPONSOR OF H.R. 1286 Boustany Coffman Duncan (SC) Courtney Higgins Carolyn Mr. WELCH. Mr. Speaker, I ask Brady (TX) Cole Duncan (TN) Crowley Himes Maloney, Sean Bridenstine Collins (GA) Ellmers Cuellar Hinojosa Matheson unanimous consent to remove my Brooks (AL) Collins (NY) Farenthold Cummings Holt Matsui name as a cosponsor of H.R. 1286.

VerDate Mar 15 2010 02:54 May 09, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.028 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2524 CONGRESSIONAL RECORD — HOUSE May 8, 2013 The SPEAKER pro tempore. Is there and provided them with a loving, stable mized by the mechanical tomato har- objection to the request of the gen- and nurturing environment. vester and other inventions developed tleman from Vermont? Mr. Speaker, these children belong to there, this work directly boosts agri- There was no objection. all of us, and we are all responsible for cultural production and profits. f them. As we write the new farm bill, I urge my colleagues to join me in supporting f HONORING JOSEPH FANDINO agricultural studies and research. (Ms. ROS-LEHTINEN asked and was HYDRAULIC FRACTURING f given permission to address the House (Mr. THOMPSON of Pennsylvania VICTOR FROM HUFFMAN, TEXAS for 1 minute and to revise and extend asked and was given permission to ad- (Mr. POE of Texas asked and was her remarks.) dress the House for 1 minute and to re- given permission to address the House Ms. ROS-LEHTINEN. Mr. Speaker, I vise and extend his remarks.) for 1 minute and to revise and extend rise in memory of Mr. Joseph Gregory Mr. THOMPSON of Pennsylvania. Fandino, a resident of south Florida his remarks.) Mr. Speaker, I have the privilege of Mr. POE of Texas. Mr. Speaker, Vic- and a hero who lost his life while serv- serving as co-chairman of the Congres- ing our Nation in Vietnam in 1972. tor from Huffman, Texas, writes me sional Natural Gas Caucus, a bipar- this: Last Friday, on Foreign Affairs Day, tisan group working to identify chal- Joseph was honored by the Department I work. I pay my taxes. In order to earn lenges and further utilizing this clean, that paycheck, I work on construction of State and the American Foreign abundant energy resource. projects. Every morning we file into a job Service Association, who commemo- One of these challenges has to do site like cattle. We are searched, scanned rated their colleagues who died in the with the swarm of misinformation that and tested. But the government hands out line of duty overseas. surrounds the process of hydraulic our money to those who don’t work for free Joseph was one of the first Hispanic- fracturing, the extraction process houses, cars, food, and the list just gets born service officers who, despite being longer. I work 84 hours a week just to make which is stringently regulated at the ends meet. The more I work, the more I get told by classmates that he had the State level. taxed. We have families that we only see at wrong kind of ethnic background, On April 29, after a 16-month inves- night, if at all. We work outages, turn- served the United States valiantly for tigation, regulators in my home State arounds, and shutdowns. If I don’t pay my many years. of Pennsylvania found that hydraulic taxes, I go to jail. If I don’t do my job, I’m Joseph also served in the Air Force fracturing, contrary to highly pub- fired. We work extra to have extra, not so we during the Korean war and as a Foreign licized claims, is not to blame for high can pay for more government programs. Service officer in Vietnam, the Domin- methane levels found in drinking water Mr. Speaker, workers are tired of ican Republic, Spain and Canada where in the town of Franklin Forks. Instead, their taxes going up just so the govern- he worked with large numbers of refu- it was due to naturally occurring ment can get more people dependent on gees fleeing Cuba. methane. The same incident was used government. And that’s just the way it is. Joseph put himself in harm’s way, by environmentalists as an example of choosing to sacrifice his safety in order the dangers of fracking and the subject f to assist others and advance freedom of numerous media reports. CONGRATULATING HIGH TECH and peace around the world. Mr. Speaker, science and facts—not HIGH His commitment to our American rhetoric and scare tactics—must guide ideals, his courage and his good humor (Mr. PETERS of California asked and our energy policy. The fact of the mat- was given permission to address the during difficult times will be forever ter is that there has been no confirmed remembered. House for 1 minute.) reports of groundwater contamination Mr. PETERS of California. Mr. Mr. Speaker, I’m proud to salute our from hydraulic fracturing. Even former Speaker, today, along with my col- heroes. EPA Administrator Lisa Jackson has league, SUSAN DAVIS, I rise in recogni- f testified to this fact. tion of the High Tech High robotics FOSTER YOUTH MONTH f team, nicknamed the Holy Cows, who recently won a world championship ro- (Mr. LANGEVIN asked and was given b 1820 permission to address the House for 1 botics competition. High Tech High is minute and to revise and extend his re- HONORING AGRICULTURAL located in the Point Loma neighbor- hood of San Diego in the 52nd District. marks.) PROGRAM AT UC DAVIS The team beat out more than 10,000 Mr. LANGEVIN. Mr. Speaker, I rise (Mr. GARAMENDI asked and was other students to win the prized Chair- today in honor of Foster Care Month given permission to address the House man’s Award at the For Inspiration for 1 minute and to revise and extend and on behalf of the foster youth across Recognition of Science and Technology his remarks.) this country. event. I’d like to commend Representatives Mr. GARAMENDI. Mr. Speaker, I rise This group of talented young stu- KAREN BASS, TOM MARINO, JIM today to honor the University of Cali- dents has used their expertise to de- MCDERMOTT, and MICHELE BACHMANN fornia, Davis. This historic land grant velop a smart phone app for robotics, for their leadership of the bipartisan university excels in a wide range and and they even took time to help other Foster Youth Caucus and for their variety of fields, including medicine, San Diego robotics teams along the work on this important issue. physics, law, and agriculture. way. Foster youth are some of the most Today, the University of California, I’m proud that High Tech High and at-risk children in our society. They Davis, agriculture and forestry pro- local high-tech companies in San are often the victims of abuse or ne- gram was recognized as the best in the Diego, including Qualcomm, SAIC, and glect, and too many face trials and world by QS World University Nordson Asymtek, have supported tribulations beyond their years. Rankings, a respected firm that meas- these scholars as they won multiple re- So much of what we take for grant- ures publications and citations in sci- gional championships on the road to ed—a stable home, living with our sib- entific journals and the program’s rep- their world title. The success of these lings or returning to the same school utation among both academics and em- students demonstrates what can be year after year—are constant obstacles ployers in the field. I offer my highest done in a school culture that celebrates for these children. congratulations to the school’s faculty, STEM education. Investments in the However, the month of May and, in students, and staff. field of science, technology, engineer- fact, every day should serve as a re- For decades, the University of Cali- ing, and math education must continue minder of the opportunities that we all fornia, Davis, has developed cutting- to be at the forefront of our national have to make a positive difference in edge farm practices, research, and local school priorities. their lives. partnerships. Right now, they’re study- With that in mind, I congratulate the Growing up, my parents welcomed ing genetics, nutrition, milk, wine High Tech High team, and look forward many foster children into our family grapes, and so much more. As epito- to their future successes.

VerDate Mar 15 2010 02:54 May 09, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.088 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 8, 2013 CONGRESSIONAL RECORD — HOUSE H2525 HONORING POLICE OFFICERS’ Ms. FRANKEL of Florida. Mr. Speak- dress the House for 1 minute and to re- SERVICE AND SACRIFICE er, I am proud to say that on Sunday, vise and extend his remarks.) (Mr. FITZPATRICK asked and was Vietnam war veteran Raymond Clark Mr. RODNEY DAVIS of Illinois. Mr. given permission to address the House Thompson’s name is being added to the Speaker, I rise today in recognition of for 1 minute.) Vietnam War Memorial Wall where he National Nurses Week and to support Mr. FITZPATRICK. Mr. Speaker, will be remembered for his valiant one of the most important nurses I this week marks Police Week, an an- service in the Army and extraordinary know, my wife, Shannon. nual tribute to those serving in law en- sacrifice for our country. Shannon is the mother to our three forcement, with May 15 set aside as A native of Indiana and the oldest of children and has been a nurse for 18 Peace Officers Memorial Day, as des- six children, Ray served in the Viet- years. She now teaches our next gen- ignated in 1962 by President Kennedy. nam War as a radio specialist. eration of nurses in Springfield, Illi- We honor those who dedicate their Mr. Speaker, I would like to waive nois, at St. John’s College. lives to safeguarding their fellow citi- my time, and I will try again in a few It’s important for us to recognize the zens, with May 15 the day to remember minutes. more than 3.1 million nurses across this great country. They are truly the the fallen with deepest gratitude and f backbone of our Nation’s hospitals, prayers. We cherish the memory of all ACCESS TO EDUCATION AND heroes and public servants, and espe- clinics, and doctors’ offices. TRAINING ACT I know firsthand that nurses work cially for Pennsylvanians, Montgomery every day to ensure that their patients County police officer Brad Fox who (Mrs. BUSTOS asked and was given are receiving the quality care they lost his life last September on the eve permission to address the House for 1 need and deserve. In fact, most of the of his 35th birthday. minute and to revise and extend her re- time, they are the first and last con- Prior to becoming a police officer, marks.) tact patients and their families re- Brad Fox was a United States Marine Mrs. BUSTOS. Mr. Speaker, I rise ceive. This is not always an easy task, staff sergeant who served his country today to talk about a commonsense but one that has greatly contributed to for 10 years, including tours of duty in bill that I will be introducing to give making our health care system one of Iraq. We join those who hold these hon- more flexibility to students eligible for the greatest in the world. orable individuals in the highest es- the Pell Grant program. This week we celebrate all of our teem as we, again, acknowledge the Last month, I had the privilege of nurses who work long, hard hours and service and sacrifice of all law enforce- spending a week on the road, touring go the extra mile to provide safe, high- ment officers throughout the Common- and meeting with educators, students, quality care to their patients and pave wealth of Pennsylvania and this great business people, and others at the the way for a more innovative and effi- Nation. seven community colleges that serve my congressional district. On this tour cient health care system. f I learned more about the ways local Thank you, Shannon, and thank you HONORING HIGH TECH HIGH community colleges and businesses are to all the nurses who care for our fami- lies each and every day. (Mrs. DAVIS of California asked and coming together to address the skills was given permission to address the gap, increase American manufacturing, f House for 1 minute.) and put people back to work. RECOGNIZING THE 2013 Mrs. DAVIS of California. Mr. Speak- However, the one disappointment I WOODHAVEN SCHOLARSHIP RE- learned during this tour is that the er, I join my colleague, Mr. PETERS, CIPIENTS Pell Grant program doesn’t give stu- and rise to congratulate the remark- (Mr. VEASEY asked and was given able achievement of San Diego’s very dents who want to go to school year- round enough flexibility. Due to sense- permission to address the House for 1 own High Tech High robotics team. minute.) This past week, the team partici- less changes in 2011, Pell Grants are no longer available for use during the Mr. VEASEY. Mr. Speaker, I rise pated in the largest and more pres- today to honor eight exceptional stu- tigious school robotics world cham- summer semester under too many cir- cumstances. dents from my hometown of Fort pionship, and then came home taking Worth, Texas, who are all Woodhaven the event’s biggest prize. On behalf of The bill I am introducing, called the Access to Education and Training Act, Scholarship recipients. San Diegans, we couldn’t be any more Ambar Aguilera from Amon Carter- proud of these remarkable and talented would give more flexibility to the Pell Grant program to allow students to re- Riverside High School, Carolyn students, who are destined to change Estrada and Rasheda Bellat, Eastern our world with their ideas and innova- ceive assistance year-round. This is im- portant because many of the students Hills High School, Maria Barragan at tions. Nolan Catholic High School, Ta’lor at High Tech High represents all that is I’ve met are interested in accelerated training courses that take place over Dunbar High School, Kimberlee Sims possible in K–12 education. Some of at Temple Christian School, David these students never envisioned them- the course of an entire year. Many of those who would benefit most are non- Detrick at Polytechnic High School, selves in a STEM field, and now they and Sierra Wilson at Northside High have internships at some of the top traditional students who want to com- plete their courses faster, simply so School. STEM companies in the country. Created in 1998 to support the edu- I was able to visit and see the robot- they can get back to the workforce. I want to make sure that community cational needs of the East Fort Worth ics team in action, and it was clear to community, the Woodhaven Scholar- me that the spirit of teamwork and co- colleges are accessible and affordable for all Americans who want to get an ship helps students who are looking to operation I witnessed will make them pursue their dream of higher edu- successful in STEM fields and beyond. education, learn a skill, and acquire the training they need to excel in to- cation. These students represent the best and Woodhaven Scholarships are given to day’s economy. the brightest in our Nation, and we East Fort Worth high school seniors Giving more flexibility to the Pell stand and congratulate their hard- who plan to attend Texas colleges and Grant program would help ensure suc- earned win and know that there is universities. Scholarships are awarded cess for hardworking students simply more to come. to students attending 4-year institu- looking to get ahead. f tions as well as those attending 2-year f colleges. The funds can be used for col- HONORING RAYMOND CLARK b 1830 lege tuition, educational fees, equip- THOMPSON ment, supplies, as well as on-campus (Ms. FRANKEL of Florida asked and IN RECOGNITION OF NATIONAL housing expenses. was given permission to address the NURSES WEEK The eight students chosen will spread House for 1 minute and to revise and (Mr. RODNEY DAVIS of Illinois their talents across different pres- extend her remarks.) asked and was given permission to ad- tigious institutions in the great State

VerDate Mar 15 2010 04:18 May 09, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.090 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2526 CONGRESSIONAL RECORD — HOUSE May 8, 2013 of Texas. I’m sure they will continue to Despite suffering severe wounds, The STEADY Act ensures that they succeed in their pursuit of higher edu- Raymond, at age 21, persevered and can plan for their future, plan for their cation. went on to have a full life, later family’s future, and continue to con- Mr. Speaker, again I would like to marrying his wife, Patricia, and father- tribute to our local economy. It allows congratulate these students on their ing three children. And he later worked added stability to get the education accomplishments and the honors pre- as a health technician in the VA Med- they need and find the job they want. sented to them. ical Center in West Palm Beach, my Our communities sent us to Congress f hometown, where he gave back to vet- to fight for them and get things done. erans like himself. Sadly, he fell ill in Today I’m thinking of my students THE END OF THE 40–HOUR recent years to old war injuries and who need a voice in this Congress. It’s WORKWEEK passed in October of 2010. my hope that we will get this done for (Mr. COHEN asked and was given per- With Raymond’s name joining all the them. mission to address the House for 1 other valiant men and women at the I think about Ariel Carlos, my stu- minute and to revise and extend his re- Vietnam War Memorial, we’re re- dent in ASU’s School of Social Work. marks.) minded every day of the bravery of the Ariel hopes to give back to our commu- Mr. COHEN. Mr. Speaker, today was men and women who serve in our mili- nity as a social worker for seniors. He one of the saddest days this House of tary and who are willing to sacrifice wants to help seniors who have worked Representatives has probably ever their lives for our own freedoms. and contributed their entire lives, help seen. The 40-hour workweek, a great f them continue to do so with health and part of our heritage since 1938, de- support. CONGRESSIONAL PROGRESSIVE stroyed. Don’t get overtime, get comp Ariel and his wife, May, have kids, CAUCUS time. Employer decides if you get comp and they support each other by work- time, when you get it, when he wants The SPEAKER pro tempore. Under ing hard. Ariel has had to work for a you to have it. the Speaker’s announced policy of Jan- paycheck. He worked hard through his Assuming that everybody around uary 3, 2013, the gentleman from Wis- entire college career, taking out stu- here that’s working is working 40 hours consin (Mr. POCAN) is recognized for 60 dent loans along the way so that he and wants to get some extra time is minutes as the designee of the minor- and May could care for their family well-heeled and got time to take off ity leader. while he studied. At the end of his col- and doesn’t need that extra money, Mr. POCAN. Mr. Speaker, I am here lege career, Ariel found himself with a and rise today on behalf of the Con- that time-and-a-half overtime, and student loan debt of $45,000. gressional Progressive Caucus for a they’ve got time to go out and play 18 I would be remiss if I didn’t mention Special Order hour on a topic. How- holes of golf or something. that a new social worker in Arizona is ever, before we start that Special Order Most hardworking Americans need likely to start his career making about hour, I would like to yield to the lady that overtime to take care of their $30,000 a year or less. For Ariel and his from the Ninth District of Arizona (Ms. families and to get through from day family, an added expense of $1,000 a SINEMA). to day. But today this House voted to year means less money for child care, take away that opportunity for em- THE STEADY ACT less money for school books, less Ms. SINEMA. Mr. Speaker, I rise ployees to have the 40-hour week and money for groceries. today as a proud college instructor of overtime thereafter. It was a shameless over a decade and perhaps, most impor- b 1840 day. tantly, a proud Sun Devil from Arizona $1,000 a year from his family’s budg- We need to look out for our workers State University in Tempe, Arizona, et—to pay to the Federal Govern- and preserve American rights, not give the largest and, yes, the brightest pub- ment—means less spending in our local more to the 1 percent, more control lic university in our country. economy and less savings for the fu- and more money away from the 99 per- May 9 is Graduation Day for many of ture. cent. my students, and while I cannot be The New York Federal Reserve re- f with them on their special day, I intro- cently noted that student loan debt is HONORING RAYMOND CLARK duce a bill today in their honor, in slowing our economy. Those with large THOMPSON honor of their hard work and their fu- student debt participate less in their ture contributions to our community local economies, delaying home owner- The SPEAKER pro tempore (Mr. and our economy. ship and family planning while for- SHIMKUS). Without objection, the first Today, I have introduced the Sta- going long-term job opportunities. Stu- 1-minute speech of the gentlewoman bility to Ensure the American Dream dents who should be planning their from Florida is vacated. for Youth Act, the STEADY Act. The lives are instead nervous about their There was no objection. STEADY Act extends the 3.4 percent future and concerned about debt im- Ms. FRANKEL of Florida. Thank for Stafford student loans until June 30 peding their ability to get ahead. you, Mr. Speaker. of 2017. We have the opportunity to set I ask unanimous consent to address As we all know, if Congress fails to things right for Ariel and May, to the House for 1 minute and to revise act by June 30 of this year, the interest maintain a steady road for our eco- and extend my remarks. rate on student loans will double from nomic future, and to make certain that The SPEAKER pro tempore. Is there 3.4 percent to 6.8 percent. This will the hard work that goes into our com- objection to the request of the gentle- have an enormous impact on the cash munity stays in our community and woman from Florida? flow and economic participation of stu- pays off in our community. There was no objection. dents entering the workforce, starting I ask my colleagues to join me today Ms. FRANKEL of Florida. Mr. Speak- a family, planing for the future. in support of the STEADY Act of 2013. er, I am proud to say that on Sunday, In college communities like the one I I thank the gentleman from Wis- the Vietnam War veteran, Raymond have the pleasure of representing, the consin for yielding. Clark Thompson’s name is being added economics of higher education are di- Mr. POCAN. Thank you. And thank to the Vietnam War Memorial wall, rectly linked to every part of our daily you for introducing that important bill where he will be remembered for his economic activity. Consumer spending, to help students and families across valiant service in the Army and the ex- home ownership, and employment op- the country. traordinary sacrifice for our country. portunity are inexorably tied to the Today during the Special Order hour A native of Indiana and the oldest of cost of education. for the Progressive Caucus, we are here six children, Ray served in the Viet- My bill ensures that those who are in to specifically talk about the issue of nam War as a radio specialist. On June college or planning for college can con- income inequality in America and the 6, 1969, rockets were fired into Ray- tinue to do so without worry of cutting growing gap between the wealthiest mond’s base camp, causing shrapnel to their paychecks by an additional $1,000 and the average person. explode into his body from head to toe of interest a year paid to the Federal Just today, Mr. Speaker, while we as he showered. Government. voted on legislation, we voted on a bill,

VerDate Mar 15 2010 02:54 May 09, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.091 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 8, 2013 CONGRESSIONAL RECORD — HOUSE H2527 the ironically titled Working Families households, and only about 16,000 of Americans only see a $59 wage increase Flexibility Act, which, in reality, those households have accounted for 40 in 45 years, that just doesn’t put money would mean more work and less pay for cents of every dollar of increased in- back into the economy. hardworking Americans in my State of come in this country in the last the 2 Consumer spending, which con- Wisconsin and across the country. years. stitutes 70 percent of our economy, is As many of my colleagues have spo- Unfortunately, Mr. Speaker, this strained when wages decrease. This is ken on the floor this week, what this trend of a growing income inequality particularly acute when low- and mod- bill will do is to deny workers com- can be traced back to more than just erate-income workers spend nearly all pensation for overtime—any hours that the 2 years following the recession. of their paychecks as those studies they would work over 40 hours a week. You can go all the way back to 1966 to have shown us. And when there’s a lack This is, in essence, an attack on work- find the last time the average adjusted of demand, there will be a lack of eco- place flexibility and an attack on the gross income was lower in this country nomic growth, which means a lack of hard-earned wages Americans rely on. than it was in 2011. In between this jobs, which means a lack of opportuni- But what makes this bill even more time, 45 years, the bottom 90 percent ties for Americans. onerous, though, is a topic of impor- Americans saw their income increase When we have vast income inequal- tance to our caucus, the Progressive by an average of $59. ity, reducing our debt and our deficits Caucus, and to workers across Amer- What about the top 10 percent? Well, becomes nearly impossible. When peo- ica: the growing income inequality in from 1966 to 2011, their income in- ple are making less, we collect less in our country. creased by an average of approximately revenue. And at that point, the only Mr. Speaker, it’s hard to imagine $116,000. And what about the top 1 per- way to balance our budget would be to why some of our colleagues are inter- cent? Their income increased by an av- drastically reduce funding for pro- ested in reducing wages for Americans erage of $629,000. And the top 1 percent grams that primarily serve those with, when multiple reports this week show of the top 1 percent, the wealthiest in guess what, decreasing incomes. It is a that despite the fact that stock mar- this country, have seen their income lose-lose proposition, and we shouldn’t kets and corporate profits are close to rise $18.4 million on average in the last pursue it. all-time highs, wages in this country 45 years. What else is this bad for? Well, it’s are stagnant at best. Let me say that again. In the past 45 bad for college affordability. It’s bad In fact, according to the St. Louis years, since 1966, the vast majority of for health care costs, and it’s bad for Fed, wages as a percentage of the econ- Americans, 90 percent, have seen their programs that help the elderly, includ- omy have hit an all-time low. What average incomes increase by an aver- ing programs like Social Security. does that mean in real dollars? Well, age of $59, and the top 1 percent of the Multiple studies have shown us that adjusted for inflation, an average top 1 percent have seen their incomes huge income inequality makes Ameri- worker who was paid $49,650 at the end increase by an average of $18.4 million. cans more pessimistic and less likely of 2009 makes $545 less now, even before It’s almost impossible to com- to believe that they have little in com- taxes and deductions. Meanwhile, be- prehend, but Mr. Johnston found a mon with anyone else unlike them- cause companies have slowed down hir- way. If you represented these increases selves. ing to control costs, many are oper- in a line chart, and 1 inch is equivalent The basic tenets of the American ating with fewer employees, meaning to $59, the top 10 percent’s would go to Dream are at risk when the income gap there’s more work for those with a job, over 163 feet. The top 1 percent’s line is so wide. When 90 percent of the coun- even though their wages aren’t moving would go to 884 feet, and the top 1 per- try is so far behind the top tiers of the upward. To summarize, Americans are cent of the top 1 percent would go for country, it’s hard to make the case working harder while getting paid less, 5 miles. One inch of increase, 5 miles of that if you work hard, you can get even before the bill the Republicans increase for the top 1 percent of the top ahead. In fact, studies have dem- put on the floor this week. 1 percent. onstrated that the higher the income Mr. Speaker, given that our economy So while the majority of us have inequality gets in this country, the is still recovering from the recent re- gained only an inch over the last 40 harder it is for people to move up and cession, and close to 12 million Ameri- years, the uberwealthy have gained not make a better life for themselves and cans are still looking for work, it just inches but miles. Put another way, their parents. would make sense if all areas of the for every extra dollar of annual income economy were facing tough times. But earned by the top 90 percent of Ameri- b 1850 that’s not the case. In fact, the stock cans, an extra 311,000 went to the Let’s just look at CEO pay, just to markets and corporate profits are households in the top 1 percent of 1 give you an idea how CEO pay has in- breaking records. Standard & Poor’s percent. creased. In the last three decades, CEO 500 corporations hit a record in the This growing income disparity, what pay has skyrocketed at a rate of 127 first quarter of the year; and last week, does it mean? Well, it’s bad for the times faster than worker pay. In fact, including today, the blue-chip Dow economy. It’s bad for our deficit, and from 1978 to 2011, CEO compensation Jones Industrial Average crossed 15,000 it’s bad for the most vulnerable in our increased more than 725 percent—faster for the first time in quite a while. society, and, of course, that’s bad for than the stock market, and painfully The wealthiest Americans only are the American Dream. faster than the 5.7 percent growth in getting richer. According to tax expert As Mark Zandi, chief economist for worker compensation in the same pe- David Cay Johnston, in the first 2 Moody’s Analytics recently said, for riod. years of our recovery, from 2009 to 2011, the economy to thrive, we need every- The ratio of CEO-to-worker pay has close to 150 percent of the increased in- one participating: When a majority of increased since 1950 by 1,000 percent, come in this country went to the top 10 Americans are left behind in the recov- according to data from Bloomberg. And percent of earners. Why? Because in- ery, our economy will never truly the AFL–CIO, the American Federation comes fell for the bottom 90 percent of thrive. In fact, there have been a num- of Labor, has found that CEO pay has Americans. ber of studies that have said that the reached a high of 354 times that of the If you dive deeper into those num- way to get the economy going is to average employee. Just decades ago, bers, the increasing inequity becomes make sure those who have the least that ratio was in the 20 to 30 times av- even more staggering. Just in the past have the money because they’ll spend erage for the lowest paid employee, and 2 years, the top 1 percent saw 81 per- it. They’ll put it immediately into the now 354 times. CEO pay has absolutely cent of all this country’s increased in- economy. When the wealthiest have taken off, while everyone else’s pay has come. Almost 40 percent of the in- the extra income, it often goes into been stagnant now for decades. creased income since 2009 went to the savings. But for the average person, I’ve recently started reading a book, top 1 percent of the top 1 percent, or that 90 percent, when they get the ‘‘Who Stole the American Dream?,’’ by those making at least $8 million a money, it goes right back into the Hedrick Smith, a book that our whip, year. What does that mean? Our coun- economy and stimulates the economy. Mr. HOYER, has often referred to for try, our Nation, has 158.4 million But when the average 90 percent of our caucus to read. It details exactly

VerDate Mar 15 2010 04:18 May 09, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.093 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2528 CONGRESSIONAL RECORD — HOUSE May 8, 2013 how the middle class has been under mands for goods and services. One of fects on the economy of the sequester. attack for the last 40 years largely due the key findings of that book is that We know 700,000 jobs between now and to a corporate takeover of our culture. people, when they had that income September 30 are at risk, including al- I highly recommend this book to every matched by their productivity, it went most 36,000 jobs in the State of Wis- American. back into buying more goods and kept consin. The verdict on the sequester is This is a book that says Americans the economy stable. When those clear and predictable, as we said. These are willing to accept inequality in our changes took place, since the Nixon ad- mindless, reckless cuts are slowing our society, to a degree. They understand ministration, that’s what has helped to economic growth and taking away val- that if you work harder, you should be create the strong inequality. uable resources to get the economy up able to get ahead. But they want it It incubates the next generation of and going. within a percent that makes sense and entrepreneurs and supports inclusive Congress continues to defy logic in that we’ve had in this country for so political and economic institutions to this area. We’re dealing with the se- long. make sure we have solid economic quester piece by piece. During the con- This massive wealth gap in our coun- growth. tinuing resolution, we fixed meat in- try—where the top 1 percent captured So what do we need to do differently? spectors. A few weeks ago, we fixed 93 percent of the Nation’s gains in One, we need to have tax rules that are people who wait in line at airports. But 2010—undermines our social fabric and fair for everyone. We need to make what we haven’t done is addressed our ideal of equal opportunity. This sure that everyone pays their fair those who aren’t as well connected in has been caused by the way corporate share. We don’t incentivize companies this country and the problems that interests have taken over our lives, our to ship jobs overseas. And we promote they’re seeing on a daily basis with the laws and our elections in the last sev- the creation of jobs here at home. sequester. That means for Wisconsin eral decades. We look at things like capital gains seniors, they’re receiving fewer Meals According to ‘‘Who Stole the Amer- like any other way we would tax, not on Wheels that help seniors—for many ican Dream?,’’ up until the seventies, differently for those with the most of which 50 percent of their daily nutri- money, who make money off of money the middle class had thrived as in- tion comes from the Meals on Wheels rather than off of their hard work. But creases in productivity were matched program, those who receive that pro- we need to make sure there is equal tax by increases in wages. When prosperity gram. was shared, there was a stable relation- treatment for everyone under the laws. Close to 1,000 Wisconsin children and ship between business and government And those companies that want to families will lose access to Head Start outsource their headquarters overseas and labor. Everyone pitched in, and ev- services. Just last week, I was in Be- to avoid paying taxes aren’t allowed to eryone benefited and gained. loit, Wisconsin, which is in a county, do that. It’s an important part of Then, around the time President Rock County, that Representative changing our Tax Code to get the Nixon was in—when he put in place PAUL RYAN and I share. While we were equality back that we need to. some very good business regulations— down visiting that Head Start pro- Next, we need to invest in American corporate interests decided to fight workers. That means investing in edu- gram, they told us that they were back. And we’ve seen over these dec- cation, investing in research and devel- going to have to have fewer students in ades how they fought back. opment, and investing in job training. the program next year. And they al- One, they started importing cheap Especially at a time that we have 12 ready have a waiting list for low-in- foreign workers for a wide range of oc- million Americans out of work, we come families to participate in these cupations. need to get people the skills so they programs to give them a fair start in They’ve moved jobs offshore, so can get back to work and work at jobs education. many of our Nation’s previously union- back here in America. In the Bayview neighborhood of ized blue collar jobs—even calling cen- We need to establish a livable—not a Madison, Wisconsin—one of my very ters—have been sent overseas. minimum, but a livable—wage so that first county board district and local And they’ve changed our laws, from people who are in that 90 percent, who governments—this neighborhood cen- bankruptcy laws to Tax Code changes, are making so little gains right now, ter, one of their very first programs so that just in Tax Code changes alone can put that money back into the econ- was the Head Start program. That pro- workers could supplement existing pen- omy and stimulate the economy from gram will be closing because of the se- sion plans with individual retirement the bottom up, from the grassroots. quester and what we’ve done to that. accounts. But the result is corpora- That’s what we need to do. Cancer patients and HIV patients are tions got rid of the robust pension pro- Bottom line, we need to have trade being turned away from cancer clinics grams to help people when they retire. policies that reward jobs in America and other clinics because of cuts to Now workers cover 50 percent of their and not reward jobs overseas. We’ve Medicare payments caused by the se- retirement costs, compared to 11 per- lost way too many jobs through many quester. And nearly 125,000 low-income cent in the 1950s. of our trade agreements overseas. Americans will not receive rental as- Finally, there has been a race to the And fundamentally, we need to sistance. In Dane County, that means bottom. We compete now with Asian change the way we finance our elec- people are going to lose that critical sweatshops, we import cheap foreign tions in Wisconsin and across the coun- assistance right back in my district. goods that undermine American small try. I can tell you from my practical Finally, over the Easter break I vis- businesses, and there are major U.S. viewpoint of spending 14 years in the ited with people at UW-Madison, one of business operations that have moved Wisconsin Legislature and my time the world’s premier research institu- overseas. here, there is no question that we have tions. They’re going to see a $35 mil- So the bottom line is we need to have seen a lurching of corporate influence lion cut in funding—$17 million just in a thriving middle class, not the in- and big-dollar influence in our elec- research alone—from NIH cuts. equality of a $59 increase in the last 45 tions that have influenced the bottom- So that FAA solution that we did a years for the bottom 90 percent of the line policies that have created this sort few weeks ago was anything but a solu- population, and the top 1 percent have of inequality. tion—it was barely a bandaid. In fact, an increase of $628,000. And the top 1 So to summarize, we need prosperity that bandaid will only get us through percent of the top 1 percent received an over austerity in this country. And September 30, and we’re going to be increase that’s the equivalent of 5 those are some of the things that we back to long lines in airports and not miles to the 1 inch of increase that the need to move toward. having meat inspectors for companies bottom 90 percent have made. I could talk more about income in- that need to have meat inspectors to So what do we need to do? I think the equality, but I just want to address for have people go to work every day. Center for American Progress has a minute if I can another part of this The bottom line is we need to fix the noted a strong middle class can help inequality, which is going specifically sequester now holistically, and we need promote the development of human to the sequester. to deal with that in this House. capital and a well-educated population. The sequester we have talked about This piecemeal approach is irrespon- It can create a stable source of de- now for a number of weeks, the ill ef- sible, it’s inadequate, and it’s offensive

VerDate Mar 15 2010 02:54 May 09, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K08MY7.095 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 8, 2013 CONGRESSIONAL RECORD — HOUSE H2529 to the people of Wisconsin and the I would like to talk just briefly in ticipation in the official visit of Presi- country who are caught in the political closing about the income gap that we dent Park Geun-hye of South Korea to cross-fires of Washington, D.C. And it have. There’s another way of talking Los Angeles County. does nothing to help our economy or about this chart. When you talked create jobs—in fact, just the opposite; about the bottom 1 percent being an f it will be shrinking the economy be- inch to the 5 miles represented by the ENROLLED BILL SIGNED tween now and September 30. top 1 percent of the top 1 percent, let Karen L. Haas, Clerk of the House, b 1900 me share another statistic that was shared with me. reported and found truly enrolled a bill The people of this country deserve a If you talk about that 1 inch being a of the House of the following title, comprehensive national budget. I don’t football field, the top 1 percent of the which was thereupon signed by the know why we can’t get the Republicans top 1 percent is equivalent to 86 foot- Speaker: to appoint conferees so we can have ball fields. So 1 inch of a football field H.R. 1071. An act to specify the size of the that budget. But until they do, we’re to 86 football fields. That’s the gap in precious-metal blanks that will be used in going to continue to have the squab- wages that we have with this inequal- the production of the National Baseball Hall bles that you find all too often in Con- ity. of Fame commemorative coins. gress that don’t address the sequester With that, Mr. Speaker, the Progres- f and don’t give this country a roadmap sive Caucus was glad to be able to talk for our finance’s budget. Once again, tonight about income inequality. ADJOURNMENT we are likely not to have a national I yield back the balance of my time. Mr. POCAN. Mr. Speaker, I move budget. f I would urge my Republican col- that the House do now adjourn. leagues to appoint the budget conferees LEAVE OF ABSENCE The motion was agreed to; accord- immediately so that we can not only By unanimous consent, leave of ab- ingly (at 7 o’clock and 2 minutes p.m.), pass a budget, but we can replace the sence was granted to: under its previous order, the House ad- sequester cuts for everyone, not just Mr. ROYCE (at the request of Mr. CAN- journed until tomorrow, Thursday, those who are the most well connected.h TOR) for today on account of his par- May 9, 2013, at 9 a.m. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Official Foreign Travel during the first quarter of 2013 pursuant to Public Law 95–384 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2013.

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Paul Terry ...... 1 /10 1 /15 Germany ...... 1,363.59 ...... 1,363.59 1/15 1/17 Sweden ...... 845.24 ...... 845.24 1/17 1/19 United Kingdom ...... 1,013.14 ...... 1,013.14 1/19 ...... United States ...... 8.60 ...... 8.60 Commercial Airfare ...... 5,298.78 ...... 5,298.78 Miscellaneous Transportation Costs ...... 154.14 ...... 154.14 Hon. Jack Kingston ...... 1 /25 1 /26 Israel ...... 498.00 ...... (3) ...... 498.00 1/26 1/27 Bangladesh ...... 294.94 ...... (3) ...... 294.94 1/27 2/2 India ...... 1,982.19 ...... (3) ...... 1,982.19 2 /2 2 /3 Portugal ...... 278.00 ...... (3) ...... 278.00 Miscellaneous Embassy Costs ...... (3) ...... 4,322.12 ...... 4,322.12 Hon. Adam B. Schiff ...... 1/25 1/26 Israel ...... 498.00 ...... (3) ...... 498.00 1/26 1/27 Bangladesh ...... 294.94 ...... (3) ...... 294.94 1/27 2/2 India ...... 1,954.48 ...... (3) ...... 1,954.48 2 /2 2 /3 Portugal ...... 264.00 ...... (3) ...... 264.00 Miscellaneous Embassy Costs ...... 4,322.12 ...... 4,322.12 John Bartrum ...... 1 /25 1 /26 Israel ...... 498.00 ...... (3) ...... 498.00 1/26 1/27 Bangladesh ...... 294.94 ...... (3) ...... 294.94 1/27 2/2 India ...... 1,954.48 ...... (3) ...... 1,954.48 2 /2 2 /3 Portugal ...... 264.00 ...... (3) ...... 264.00 Miscellaneous Delegation Costs ...... 4,322.12 ...... 4,322.12 Tom O’Brien ...... 1/25 1/26 Israel ...... 498.00 ...... (3) ...... 498.00 1/26 1/27 Bangladesh ...... 294.00 ...... (3) ...... 294.00 1/27 2/2 India ...... 1,954.48 ...... (3) ...... 1,954.48 2 /2 2 /3 Portugal ...... 264.00 ...... (3) ...... 264.00 Miscellaneous Delegation Costs ...... 4,322.12 ...... 4,322.12 Betsy Bina ...... 1/25 1/26 Israel ...... 498.00 ...... (3) ...... 498.00 1/26 1/27 Bangladesh ...... 294.94 ...... (3) ...... 294.94 1/27 2/2 India ...... 1,954.48 ...... (3) ...... 1,954.48 2 /2 2 /3 Portugal ...... 264.00 ...... (3) ...... 264.00 Miscellaneous Delegation Costs ...... 4,322.12 ...... 4,322.12 Hon. Jo Bonner ...... 2/21 2/23 Philippines ...... 474.00 ...... (3) ...... 474.00 Miscellaneous Delegation Expenses ...... 28.35 ...... 28.35 Hon. Frank Wolf ...... 2 /17 United States ...... 2/18 2/20 Lebanon ...... 84.00 ...... 84.00 2/20 2/22 Egypt ...... 184.00 ...... 184.00 2/22 ...... United States ...... Return of Unused Per Diem ...... ¥151.00 ...... ¥151.00 Commercial Airfare ...... 9,123.00 ...... 9,123.00

Committee total ...... 18,920.35 ...... 14,575.92 ...... 21,638.95 ...... 55,135.22

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. HAROLD ROGERS, Chairman, Apr. 29, 2013.

VerDate Mar 15 2010 02:54 May 09, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 7634 Sfmt 8634 E:\CR\FM\K08MY7.096 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2530 CONGRESSIONAL RECORD — HOUSE May 8, 2013 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ENERGY AND COMMERCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2013

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Ed Whitfield ...... 1/25 1/26 Israel ...... 498.00 ...... (3) ...... 1,724.08 ...... 2,222.08 1/26 1/27 Bangladesh ...... 294.93 ...... (3) ...... 224.03 ...... 518.96 1/27 2/02 India ...... 1,954.48 ...... (3) ...... 1,904.26 ...... 3,858.74 2/02 2/03 Portugal ...... 278.00 ...... (3) ...... 469.75 ...... 747.75 Committee total ...... 3,025.41 ...... 4,322.12 ...... 7,347.53 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON FOREIGN AFFAIRS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2013

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Kevin Fitzpatrick ...... 3 /23 3 /25 Cambodia ...... 424.00 ...... 16,754.00 ...... 4 288.52 ...... 17,466.52 3/25 3/28 Vietnam ...... 967.00 ...... 4 70.49 ...... 1,037.49 Priscilla Koepke ...... 3/23 3/25 Cambodia ...... 419.00 ...... 16,754.00 ...... 17,173.00 3/25 3/28 Vietnam ...... 964.00 ...... 964.00 Hon. Edward R. Royce ...... 1 /25 1 /26 Japan ...... 361.00 ...... (3) ...... 361.00 1/26 1/28 Taiwan ...... 426.00 ...... (3) ...... 426.00 1/28 1/30 Philippines ...... 300.00 ...... (3) ...... 4 5,156.10 ...... 5,456.10 1/30 2/1 China ...... 458.00 ...... (3) ...... 458.00 2 /1 2 /2 South Korea ...... 316.00 ...... (3) ...... 316.00 Hon. Eliot Engel ...... 1/25 1/26 Japan ...... 416.00 ...... (3) ...... 416.00 1/26 1/28 Taiwan ...... 556.00 ...... (3) ...... 556.00 1/28 1/30 Philippines ...... 490.00 ...... (3) ...... 490.00 1/30 2/1 China ...... 538.00 ...... (3) ...... 538.00 2 /1 2 /2 South Korea ...... 330.00 ...... (3) ...... 330.00 Hon. Matt Salmon ...... 1/25 1/26 Japan ...... 436.00 ...... (3) ...... 436.00 1/26 1/28 Taiwan ...... 576.00 ...... (3) ...... 576.00 1/28 1/30 Philippines ...... 510.00 ...... (3) ...... 510.00 1/30 2/1 China ...... 558.00 ...... (3) ...... 558.00 2 /1 2 /2 South Korea ...... 350.00 ...... (3) ...... 350.00 Hon. Tom Marino ...... 1/25 1/26 Japan ...... 436.00 ...... (3) ...... 436.00 1/26 1/28 Taiwan ...... 576.00 ...... (3) ...... 576.00 1/28 1/30 Philippines ...... 510.00 ...... (3) ...... 510.00 1/30 2/1 China ...... 558.00 ...... (3) ...... 558.00 2 /1 2 /2 South Korea ...... 350.00 ...... (3) ...... 350.00 Hon. Gregory Meeks ...... 1/25 1/26 Japan ...... 436.00 ...... (3) ...... 436.00 1/26 1/28 Taiwan ...... 576.00 ...... 3,016.00 ...... 3,592.00 Nien Su ...... 1/25 1/26 Japan ...... 361.00 ...... (3) ...... 361.00 1/26 1/28 Taiwan ...... 426.00 ...... (3) ...... 426.00 1/28 1/30 Philippines ...... 410.00 ...... (3) ...... 410.00 1/30 2/1 China ...... 458.00 ...... (3) ...... 458.00 2 /1 2 /2 South Korea ...... 275.00 ...... (3) ...... 275.00 Melissa Medina ...... 1/25 1/26 Japan ...... 334.00 ...... (3) ...... 334.00 1/26 1/28 Taiwan ...... 566.00 ...... (3) ...... 566.00 1/28 1/30 Philippines ...... 491.00 ...... (3) ...... 491.00 1/30 2/1 China ...... 499.00 ...... (3) ...... 499.00 2 /1 2 /2 South Korea ...... 322.00 ...... (3) ...... 322.00 Elizabeth Heng ...... 1/25 1/26 Japan ...... 330.00 ...... (3) ...... 330.00 1/26 1/28 Taiwan ...... 576.00 ...... (3) ...... 576.00 1/28 1/30 Philippines ...... 490.00 ...... (3) ...... 490.00 1/30 2/1 China ...... 523.00 ...... (3) ...... 523.00 2 /1 2 /2 South Korea ...... 302.00 ...... (3) ...... 302.00 JJ Ong ...... 1 /25 1 /26 Japan ...... 436.00 ...... (3) ...... 436.00 1/26 1/28 Taiwan ...... 576.00 ...... (3) ...... 576.00 1/28 1/30 Philippines ...... 510.00 ...... (3) ...... 510.00 1/30 2/1 China ...... 558.00 ...... (3) ...... 558.00 2 /1 2 /2 South Korea ...... 350.00 ...... (3) ...... 350.00 Gregory Simpkins ...... 2/16 2/21 Kenya ...... 1,575.00 ...... 5,201.02 ...... 6,776.02 Worku Gachou ...... 2 /16 2 /21 Kenya ...... 1,575.00 ...... 5,236.12 ...... 6,811.12 Jacqueline Quinones ...... 2/16 2/21 Kenya ...... 1,575.00 ...... 4,703.02 ...... 6,278.02 Hon. Dana Rohrabacher ...... 2/16 2/18 France ...... 1,074.00 ...... (3) ...... 4 6,550.00 ...... 7,624.00 2/18 2/20 Uzbekistan ...... 502.00 ...... (3) ...... 4 10,747.16 ...... 11,249.16 2/20 2/23 Georgia ...... 898.00 ...... (3) ...... 4 2,242.33 ...... 3,140.33 2/23 2/25 United Kingdom ...... 1,104.00 ...... (3) ...... 4 3,000 ...... 4,104.00 Hon. Ted Poe ...... 2 /16 2 /18 France ...... 761.00 ...... (3) ...... 761.00 2/18 2/20 Uzbekistan ...... 376.00 ...... (3) ...... 376.00 2/20 2/23 Georgia ...... 749.13 ...... (3) ...... 749.13 2/23 2/25 United Kingdom ...... 868.00 ...... (3) ...... 868.00 Hon. Brian Higgins ...... 2/16 2/18 France ...... 1,074.00 ...... (3) ...... 1,074.00 2/18 2/20 Uzbekistan ...... 498.00 ...... (3) ...... 498.00 2/20 2/23 Georgia ...... 898.00 ...... (3) ...... 898.00 2/23 2/25 United Kingdom ...... 1,073.77 ...... (3) ...... 1,073.77 Hon. Paul Cook ...... 2/16 2/18 France ...... 1,074.00 ...... (3) ...... 1,074.00 2/18 2/20 Uzbekistan ...... 502.00 ...... (3) ...... 502.00 2/20 2/23 Georgia ...... 898.00 ...... (3) ...... 898.00 2/23 2/25 United Kingdom ...... 1,104.00 ...... (3) ...... 1,104.00 Paul Berkowitz ...... 2/16 2/18 France ...... 1,074.00 ...... (3) ...... 1,074.00 2/18 2/20 Uzbekistan ...... 498.00 ...... (3) ...... 498.00 2/20 2/23 Georgia ...... 898.00 ...... (3) ...... 898.00 2/23 2/25 United Kingdom ...... 1,104.00 ...... (3) ...... 1,104.00 Jesper Pedersen ...... 2/16 2/18 France ...... 1,074.00 ...... (3) ...... 1,074.00 2/18 2/20 Uzbekistan ...... 458.00 ...... (3) ...... 458.00 2/20 2/23 Georgia ...... 873.00 ...... (3) ...... 873.00 2/23 2/25 United Kingdom ...... 1,104.00 ...... (3) ...... 1,104.00 Hon. Albio Sires ...... 2/17 2/19 South Korea ...... 470.00 ...... 13,537.00 ...... 4 1,235.64 ...... 15,242.64 2/19 2/21 Vietnam ...... 376.00 ...... 4 568.62 ...... 944.62 2/21 2/22 Cambodia ...... 227.00 ...... 4 459.78 ...... 686.78 Hon. Ted Poe ...... 1 /24 1 /26 Germany ...... 340.16 ...... (3) ...... 340.16 1/26 1/28 Israel ...... 704.35 ...... (3) ...... 704.35 1/28 1/30 Turkey ...... 402.28 ...... (3) ...... 402.28 1/30 1/31 Italy ...... 139.00 ...... (3) ...... 139.00 Hon. Ted Deutch ...... 2/1 2/3 Germany ...... 1,359.74 ...... (3) ...... 1,359.74 Hon. Tom Cotton ...... 1/31 2/3 Germany ...... 1,054.44 ...... (3) ...... 1,054.44 Hon. Karen Bass ...... 2/18 2/19 Senegal ...... 167.09 ...... (3) ...... 167.09 2/18 2/18 Mali ...... (3) ...... 2/19 2/22 South Africa ...... 1,538.81 ...... (3) ...... 1,538.81

VerDate Mar 15 2010 02:54 May 09, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 7634 Sfmt 8634 E:\CR\FM\A08MY7.032 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 8, 2013 CONGRESSIONAL RECORD — HOUSE H2531 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON FOREIGN AFFAIRS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2013—Continu- ed

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

2/22 2/24 Democratic Republic of the Congo ...... 396.00 ...... (3) ...... 396.00 2/24 2/25 Morocco ...... 171.43 ...... (3) ...... 171.43 Eric Williams ...... 2/18 2/19 Senegal ...... 167.09 ...... (3) ...... 167.09 2/18 2/18 Mali ...... (3) ...... 2/19 2/22 South Africa ...... 1,538.81 ...... (3) ...... 1,538.81 2/22 2/24 Democratic Republic of the Congo ...... 396.00 ...... (3) ...... 396.00 2/24 2/25 Morocco ...... 171.43 ...... (3) ...... 171.43 Committee total ...... 56,511.53 ...... 65,201.16 ...... 30,318.64 ...... 152,031.33 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. 4 Delegation costs. HON. EDWARD R. ROYCE, Chairman, Apr. 30, 2013.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON VETERANS’ AFFAIRS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2013

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Jeff Miller ...... 2 /21 2 /22 Philippines ...... 474.00 (3) ...... 474.00 Hon. Gus Bilirakis ...... 2/21 2/22 Philippines ...... 474.00 ...... 474.00 Hon. Michael Michaud ...... 2/21 2/22 Philippines ...... 474.00 ...... 474.00 Hon. Timothy Walz ...... 2/21 2/22 Philippines ...... 474.00 ...... 474.00 Helen Tolar ...... 2/21 2/22 Philippines ...... 474.00 ...... 474.00 Jian Iza Zapata ...... 2/21 2/22 Philippines ...... 474.00 ...... 474.00 Committee totals ...... 2,844 ...... 2,844.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. JEFF MILLER, Chairman, Apr. 18, 2013.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, PERMANENT SELECT COMMITTEE ON INTELLIGENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2013

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Darren Dick ...... 1/08 1/16 Asia ...... 224.00 ...... (3) ...... 224.00 Chelsey Campbell ...... 1/08 1/16 Asia ...... 224.00 ...... (3) ...... 224.00 Hon. Mike Rogers ...... 2/01 2/01 Africa ...... 280.91 ...... 2/01 2/03 Europe ...... 1,763.12 ...... (3) ...... 2,044.03 Hon. Mike Thompson ...... 2/16 2/19 Middle East ...... 1,494.00 ...... Commercial Air ...... 9,321.87 ...... 10,815.87 Linda Cohen ...... 2/16 2/19 Middle East ...... 1,494.00 ...... Commercial Air ...... 8,656.87 ...... 10,150.87 ‘‘In accordance with title 22, United States Code, Section 1754(b)(2), information as would identify the foreign countries in which Committee Members and staff have traveled is omitted.’’ Committee total ...... 5,480.03 ...... 17,978.74 ...... 23,458.77 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h HON. MIKE ROGERS of Michigan, Chairman, Apr. 30, 2013.

EXECUTIVE COMMUNICATIONS, 801(a)(1)(A); to the Committee on Transpor- worthiness Directives; Airbus Airplanes ETC. tation and Infrastructure. [Docket No.: FAA-2012-1105; Directorate 1414. A letter from the Paralegal Spe- Identifier 2012-NM-137-AD; Amendment 39- Under clause 2 of rule XIV, executive cialist, Department of Transportation, trans- 17406; AD 2013-07-02] (RIN: 2120-AA64) received communications were taken from the mitting the Department’s final rule — Air- May 2, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); Speaker’s table and referred as follows: worthiness Directives; The Boeing Company to the Committee on Transportation and In- 1411. A letter from the Acting Assistant [Docket No.: FAA-2012-0000; Directorate frastructure. Identifier 2007-NM-271-AD; Amendment 39- Secretary, Legislative Affairs, Department 1417. A letter from the Paralegal Spe- 17425; AD 2013-08-08] (RIN: 2120-AA64) received of State, transmitting the Department’s an- cialist, Department of Transportation, trans- May 2, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); nual report for 2012 on Voting Practices in mitting the Department’s final rule — Air- to the Committee on Transportation and In- the United Nations; to the Committee on worthiness Directives; Eurocopter France frastructure. Foreign Affairs. Helicopters [Docket No.: FAA-2012-0630; Di- 1412. A letter from the Chairman, Council 1415. A letter from the Paralegal Spe- rectorate Identifier 2011-SW-010-AD; Amend- of the District of Columbia, transmitting cialist, Department of Transportation, trans- ment 39-17409; AD 2013-07-05] (RIN: 2120-AA64) Transmittal of D.C. ACT 19-632, ‘‘Local Budg- mitting the Department’s final rule — Air- received May 2, 2013, pursuant to 5 U.S.C. et Autonomy Amendment Act of 2012’’; to worthiness Directives; Bell Helicopter Tex- 801(a)(1)(A); to the Committee on Transpor- the Committee on Oversight and Govern- tron Canada (Bell) Helicopters [Docket No.: tation and Infrastructure. ment Reform. FAA-2012-1127; Directorate Identifier 2010- 1413. A letter from the Paralegal Spe- SW-035-AD; Amendment 39-17423; AD 2013-08- 1418. A letter from the Paralegal Spe- cialist, Department of Transportation, trans- 06] (RIN: 2120-AA64) received May 2, 2013, pur- cialist, Department of Transportation, trans- mitting the Department’s final rule — Air- suant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule — Air- worthiness Directives; The Boeing Company mittee on Transportation and Infrastruc- worthiness Directives; The Boeing Company Airplanes [Docket No: FAA-2012-0413; Direc- ture. Airplanes [Docket No.: FAA-2012-0809; Direc- torate Identifier 2011-NM-257-AD; Amend- 1416. A letter from the Paralegal Spe- torate Identifier 2011-NM-135-AD; Amend- ment 39-17441; AD 2013-08-23] (RIN: 2120-AA64) cialist, Department of Transportation, trans- ment 39-17361; AD 2013-04-04] (RIN: 2120-AA64) received May 2, 2013, pursuant to 5 U.S.C. mitting the Department’s final rule — Air- received May 2, 2013, pursuant to 5 U.S.C.

VerDate Mar 15 2010 02:54 May 09, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A08MY7.032 H08MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2532 CONGRESSIONAL RECORD — HOUSE May 8, 2013 801(a)(1)(A); to the Committee on Transpor- PUBLIC BILLS AND RESOLUTIONS By Mr. PRICE of Georgia (for himself, tation and Infrastructure. Mr. RYAN of Wisconsin, Mrs. BLACK, 1419. A letter from the Paralegal Spe- Under clause 2 of rule XII, public Mr. CHAFFETZ, Mr. COLLINS of Geor- cialist, Department of Transportation, trans- bills and resolutions of the following gia, Mr. COTTON, Mr. GARRETT, Mr. mitting the Department’s final rule — Air- titles were introduced and severally re- GOSAR, Mr. GRAVES of Georgia, Mr. worthiness Directives; Eurocopter France ferred, as follows: HENSARLING, Mr. JOHNSON of Ohio, Helicopters [Docket No.: FAA-2012-1087; Di- By Mr. TURNER (for himself and Ms. Mr. MARCHANT, Mr. MULVANEY, Mr. rectorate Identifier 2009-SW-32-AD; Amend- TSONGAS): RADEL, Mr. REED, Mr. RIBBLE, Mr. ment 39-17424; AD 2013-08-07] (RIN: 2120-AA64) H.R. 1867. A bill to amend title 10, United ROSS, Mr. SCALISE, Mr. AUSTIN SCOTT received May 2, 2013, pursuant to 5 U.S.C. States Code, to make certain improvements of Georgia, Mr. WESTMORELAND, Mr. 801(a)(1)(A); to the Committee on Transpor- in the Uniform Code of Military Justice re- WILSON of South Carolina, Mr. tation and Infrastructure. WOODALL, Mr. JORDAN, Mr. BARR, Mr. 1420. A letter from the Paralegal Spe- lated to sex-related offenses committed by members of the Armed Forces, and for other TERRY, Mr. FRANKS of Arizona, Mr. cialist, Department of Transportation, trans- BISHOP of Utah, Mr. PITTENGER, Mr. mitting the Department’s final rule — purposes; to the Committee on Armed Serv- ices. YODER, and Mr. FORTENBERRY): Standard Instrument Approach Procedures, H.R. 1874. A bill to amend the Congres- and Takeoff Minimums and Obstacle Depar- By Mrs. BLACK (for herself, Mr. RYAN of Wisconsin, Mrs. BLACKBURN, Mr. sional Budget Act of 1974 to provide for mac- ture Procedures; Miscellaneous Amendments roeconomic analysis of the impact of legisla- MULVANEY, Mr. RIBBLE, Mr. ROKITA, [Docket No.: 30893; Amdt. No. 3528] received tion; to the Committee on the Budget, and in and Mr. YOUNG of Florida): May 2, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); addition to the Committee on Rules, for a to the Committee on Transportation and In- H.R. 1868. A bill to amend the Congres- sional Budget Act of 1974 to establish joint period to be subsequently determined by the frastructure. Speaker, in each case for consideration of 1421. A letter from the Paralegal Spe- resolutions on the budget, and for other pur- poses; to the Committee on Rules, and in ad- such provisions as fall within the jurisdic- cialist, Department of Transportation, trans- tion of the committee concerned. dition to the Committee on the Budget, for a mitting the Department’s final rule — Air- By Mr. RYAN of Ohio (for himself, Mr. worthiness Directives; Grob-Werke Airplanes period to be subsequently determined by the PETRI, Mr. LOEBSACK, and Mr. CART- [Docket No.: FAA-2013-0013; Directorate Speaker, in each case for consideration of WRIGHT): such provisions as fall within the jurisdic- Identifier 2012-CE-046-AD; Amendment 39- H.R. 1875. A bill to support evidence-based 17421; AD 2013-08-04] (RIN: 2120-AA64) received tion of the committee concerned. social and emotional learning programming; May 2, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); By Mr. RIBBLE (for himself, Mr. RYAN to the Committee on Education and the to the Committee on Transportation and In- of Wisconsin, Mr. POCAN, Mr. ROKITA, Workforce. frastructure. Mr. SCHRADER, and Mr. DUFFY): By Ms. SINEMA: 1422. A letter from the Paralegal Spe- H.R. 1869. A bill to establish biennial budg- H.R. 1876. A bill to amend the Higher Edu- cialist, Department of Transportation, trans- ets for the United States Government; to the cation Act of 1965 to extend the reduced in- mitting the Department’s final rule — Committee on the Budget, and in addition to terest rate for Federal Direct Stafford Standard Instrument Approach Procedures, the Committees on Rules, and Oversight and Loans; to the Committee on Education and and Takeoff Minimums and Obstacle Depar- Government Reform, for a period to be sub- the Workforce. ture Procedures; Miscellaneous Amendments sequently determined by the Speaker, in By Mr. BISHOP of New York (for him- [Docket No.: 30894; Amdt. No. 3529] received each case for consideration of such provi- self, Mr. RAHALL, Mr. YOUNG of Alas- May 2, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); sions as fall within the jurisdiction of the ka, Ms. NORTON, Mr. KING of New to the Committee on Transportation and In- committee concerned. York, Ms. ESTY, Mrs. NAPOLITANO, frastructure. By Mr. RYAN of Wisconsin (for himself Ms. EDDIE BERNICE JOHNSON of Texas, 1423. A letter from the Paralegal Spe- and Mr. VAN HOLLEN): Mr. GARAMENDI, Mr. CUMMINGS, Mr. cialist, Department of Transportation, trans- H.R. 1870. A bill to amend the Congres- NADLER, Mr. CAPUANO, Ms. BROWN of mitting the Department’s final rule — sional Budget and Impoundment Control Act Florida, Mr. LARSEN of Washington, Amendment of Class D and Class E Airspace; of 1974 to provide for a legislative line-item Mr. MICHAUD, Ms. EDWARDS, Ms. Caldwell, NJ [Docket No.: FAA-2010-0609; veto to expedite consideration of rescissions, FRANKEL of Florida, Mr. DEFAZIO, Airspace Docket No. 12-AEA-10] received and for other purposes; to the Committee on May 2, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); Mr. NOLAN, Mrs. KIRKPATRICK, Mr. the Budget, and in addition to the Com- SEAN PATRICK MALONEY of New York, to the Committee on Transportation and In- mittee on Rules, for a period to be subse- frastructure. Mr. COHEN, Mr. SIRES, Ms. HAHN, Mr. quently determined by the Speaker, in each LIPINSKI, Ms. TITUS, Mr. WALZ, and 1424. A letter from the Paralegal Spe- case for consideration of such provisions as cialist, Department of Transportation, trans- Mrs. BUSTOS): fall within the jurisdiction of the committee H.R. 1877. A bill to amend the Federal mitting the Department’s final rule — concerned. Amendment of Class D and Class E Airspace; Water Pollution Control Act to authorize ap- By Mr. WOODALL (for himself, Mr. Reading, PA [Docket No.: FAA-2010-1270; Air- propriations for State water pollution con- GOHMERT, Mr. RIBBLE, and Mr. RYAN space Docket No. 12-AEA-16] received May 2, trol revolving funds, and for other purposes; of Wisconsin): 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the to the Committee on Transportation and In- H.R. 1871. A bill to amend the Balanced Committee on Transportation and Infra- frastructure, and in addition to the Com- Budget and Emergency Deficit Control Act structure. mittee on Ways and Means, for a period to be 1425. A letter from the Aeronautical Infor- of 1985 to reform the budget baseline; to the subsequently determined by the Speaker, in mation Specialist, Department of Transpor- Committee on the Budget. each case for consideration of such provi- tation, transmitting the Department’s final By Mr. GARRETT (for himself, Mr. sions as fall within the jurisdiction of the rule — IFR Altitudes; Miscellaneous Amend- RYAN of Wisconsin, Mr. DUNCAN of committee concerned. ments [Docket No.: 30895; Amdt. No. 506] re- South Carolina, Mr. FLORES, Mr. By Mr. DIAZ-BALART (for himself, ceived May 2, 2013, pursuant to 5 U.S.C. MULVANEY, Mr. WESTMORELAND, Mr. Mr. SIRES, Mr. BLUMENAUER, Ms. 801(a)(1)(A); to the Committee on Transpor- AMASH, and Mr. HENSARLING): NORTON, Mr. DENHAM, Mr. tation and Infrastructure. H.R. 1872. A bill to amend the Balanced FITZPATRICK, Mr. CONNOLLY, Mr. GIB- 1426. A letter from the Chief Counsel, Saint Budget and Emergency Deficit Control Act SON, and Mr. PALAZZO): Lawrence Seaway Development Corporation, of 1985 to increase transparency in Federal H.R. 1878. A bill to amend the Robert T. Department of Transportation, transmitting budgeting, and for other purposes; to the Stafford Disaster Relief and Emergency As- the Department’s final rule — Tariff of Tolls Committee on the Budget, and in addition to sistance Act to enhance existing programs (RIN: 2435-AA32) received May 2, 2013, pursu- the Committee on Oversight and Govern- providing mitigation assistance by encour- ant to 5 U.S.C. 801(a)(1)(A); to the Committee ment Reform, for a period to be subsequently aging States to adopt and actively enforce on Transportation and Infrastructure. determined by the Speaker, in each case for State building codes, and for other purposes; 1427. A letter from the Chairman, Foreign consideration of such provisions as fall with- to the Committee on Transportation and In- Claims Settlement Commission of the in the jurisdiction of the committee con- frastructure. United States, transmitting the Commis- cerned. By Mr. PEARCE (for himself and Mr. sion’s 2012 Annual Report on operations By Mr. CHAFFETZ (for himself and REED): under the War Claims Act of 1948, as amend- Mr. RYAN of Wisconsin): H.R. 1879. A bill to provide for the safe dis- ed, pursuant to 50 U.S.C. app. 2008 and 22 H.R. 1873. A bill to require greater account- posal of Federal Government-owned trans- U.S.C. 1622a; jointly to the Committees on ability in discretionary and direct spending uranic waste for the benefit of all Ameri- Foreign Affairs and the Judiciary. programs, and for other purposes; to the cans; to the Committee on Energy and Com- 1428. A letter from the Special Inspector Committee on the Budget, and in addition to merce, and in addition to the Committee on General for Iraq Reconstruction, transmit- the Committees on Rules, and the Judiciary, Armed Services, for a period to be subse- ting the Special Inspector General for Iraq for a period to be subsequently determined quently determined by the Speaker, in each Reconstruction (SIGIR) April 2013 Quarterly by the Speaker, in each case for consider- case for consideration of such provisions as Report; jointly to the Committees on For- ation of such provisions as fall within the ju- fall within the jurisdiction of the committee eign Affairs and Appropriations. risdiction of the committee concerned. concerned.

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By Mr. AMODEI (for himself, Mr. HECK By Mr. ENGEL (for himself and Mr. By Mrs. NOEM: of Nevada, Ms. TITUS, and Mr. WELCH): H.R. 1895. A bill to respond to the extreme HORSFORD): H.R. 1887. A bill to amend the Internal Rev- fire hazard and unsafe conditions resulting H.R. 1880. A bill to prohibit an agency or enue Code of 1986 to deny certain tax benefits from pine beetle infestation, drought, dis- department of the United States from estab- to persons responsible for an oil spill if such ease, or storm damage by declaring a state of lishing or implementing an internal policy person commits certain additional viola- emergency and directing the Secretary of that discourages or prohibits the selection of tions; to the Committee on Ways and Means. Agriculture to immediately implement haz- a resort or vacation destination as the loca- By Mr. JONES: ardous fuels reduction projects in the man- tion for a conference or event, and for other H.R. 1888. A bill to make payments by the ner provided in title I of the Healthy Forests purposes; to the Committee on Oversight and Department of Homeland Security to a State Restoration Act of 2003, and for other pur- Government Reform. contingent on a State providing the Federal poses; to the Committee on Agriculture, and By Mr. BISHOP of Utah: Bureau of Investigation with certain statis- in addition to the Committee on Natural Re- H.R. 1881. A bill to stimulate the economy, tics, to require Federal agencies, depart- sources, for a period to be subsequently de- produce domestic energy, and create jobs at ments, and courts to provide such statistics termined by the Speaker, in each case for no cost to the taxpayers, and without bor- to the Federal Bureau of Investigation, and consideration of such provisions as fall with- rowing money from foreign governments for to require the Federal Bureau of Investiga- in the jurisdiction of the committee con- which our children and grandchildren will be tion to publish such statistics; to the Com- cerned. responsible, and for other purposes; to the mittee on the Judiciary, and in addition to By Mr. REICHERT (for himself, Mr. Committee on Natural Resources, and in ad- the Committee on Homeland Security, for a DOGGETT, Mr. LEWIS, Mr. BOUSTANY, dition to the Committees on Energy and period to be subsequently determined by the Mr. CROWLEY, Mr. REED, Mr. YOUNG Commerce, Transportation and Infrastruc- Speaker, in each case for consideration of of Indiana, Mr. KELLY of Pennsyl- ture, and the Judiciary, for a period to be such provisions as fall within the jurisdic- vania, Mr. GRIFFIN of Arkansas, and subsequently determined by the Speaker, in tion of the committee concerned. Mr. RENACCI): each case for consideration of such provi- By Mr. LATTA (for himself, Mr. H.R. 1896. A bill to amend part D of title IV sions as fall within the jurisdiction of the LOEBSACK, Mr. WITTMAN, and Ms. of the Social Security Act to ensure that the committee concerned. KAPTUR): United States can comply fully with the ob- By Mrs. BLACK: H.R. 1889. A bill to amend title 10, United H.R. 1882. A bill to amend the Food and Nu- States Code, to recognize the dependent chil- ligations of the Hague Convention of 23 No- trition Act of 2008 to prohibit the Depart- dren of members of the Armed Forces who vember 2007 on the International Recovery of ment of Agriculture from entering into part- are serving on active duty or who have Child Support and Other Forms of Family nerships with foreign governments to pro- served on active duty through the presen- Maintenance, and for other purposes; to the mote enrollment in the supplemental nutri- tation of an official lapel button; to the Committee on Ways and Means, and in addi- tion assistance program and to terminate Committee on Armed Services. tion to the Committees on the Budget, and the current Partnership for Nutrition Assist- By Mr. BLUMENAUER (for himself, the Judiciary, for a period to be subse- ance Initiative between the United States Mr. FARR, Mr. KIND, Mr. MORAN, Ms. quently determined by the Speaker, in each and Mexico; to the Committee on Agri- SLAUGHTER, Mr. WAXMAN, Mr. case for consideration of such provisions as culture, and in addition to the Committee on HUFFMAN, Mr. DINGELL, Mr. GEORGE fall within the jurisdiction of the committee Foreign Affairs, for a period to be subse- MILLER of California, Ms. LEE of Cali- concerned. quently determined by the Speaker, in each fornia, Mrs. CAPPS, Mr. HOLT, and By Mr. SMITH of New Jersey (for him- case for consideration of such provisions as Mr. ELLISON): self, Mr. ROYCE, Mr. WOLF, Ms. LOF- fall within the jurisdiction of the committee H.R. 1890. A bill to modernize the conserva- GREN, and Mr. LOWENTHAL): concerned. tion title of the Food Security Act of 1985, H.R. 1897. A bill to promote freedom and By Mr. CARTER (for himself and Mr. protect long term taxpayer investment, in- democracy in Vietnam; to the Committee on CUELLAR): crease small and midsize farmer’s access to Foreign Affairs. H.R. 1883. A bill to amend the Internal Rev- programs, and prioritize modern-day con- By Mr. TURNER (for himself and Mr. enue Code of 1986 to provide for a deduction servation needs through management prac- ANDREWS): for the purchase of secure gun storage or tices, local engagement, and stewardship; to H.R. 1898. A bill to protect the child cus- safety device for the securing of firearms; to the Committee on Agriculture. tody rights of deployed members of the the Committee on Ways and Means, and in By Ms. LOFGREN (for herself, Mr. Armed Forces, and for other purposes; to the addition to the Committee on the Judiciary, SMITH of Texas, Ms. EDDIE BERNICE Committee on Veterans’ Affairs. for a period to be subsequently determined JOHNSON of Texas, Ms. BONAMICI, Mr. By Mr. VISCLOSKY: by the Speaker, in each case for consider- PETERS of California, Mr. SWALWELL H.R. 1899. A bill to prohibit business enter- ation of such provisions as fall within the ju- of California, Mr. VEASEY, Mr. LIPIN- prises that lay off a greater percentage of risdiction of the committee concerned. SKI, Mr. CRAMER, Mr. TAKANO, Ms. their United States workers than workers in By Mr. COOPER (for himself, Mr. ESTY, Mr. KILMER, Mr. KENNEDY, Ms. other countries from receiving any Federal COSTA, Mr. KIND, Mrs. CAPPS, Mr. BROWNLEY of California, Mr. assistance, and for other purposes; to the SCHRADER, Mr. OWENS, Ms. TSONGAS, HULTGREN, Mr. BERA of California, Committee on Oversight and Government Mr. BARROW of Georgia, Mr. and Ms. WILSON of Florida): Reform. GALLEGO, Mr. CUELLAR, Mr. MATHE- H.R. 1891. A bill to establish a position of By Mr. FINCHER (for himself, Mrs. SON, Mr. MULVANEY, Mr. LOEBSACK, Science Laureate of the United States; to BLACKBURN, and Mr. STUTZMAN): Mr. RIGELL, Mr. MICHAUD, Mr. the Committee on Science, Space, and Tech- H. Res. 206. A resolution expressing the CHABOT, and Mr. BARBER): nology. sense of the House of Representatives that H.R. 1884. A bill to provide that Members By Ms. LOFGREN (for herself, Mr. Congress and the States should investigate of Congress shall be paid last whenever the MASSIE, Mr. POLIS, and Ms. ESHOO): and correct abusive, unsanitary, and illegal Treasury is unable to satisfy the obligations H.R. 1892. A bill to amend section 1201 of abortion practices; to the Committee on the of the United States Government in a timely title 17, United States Code, to require the Judiciary, and in addition to the Committee manner because the public debt limit has infringement of a copyright for a violation of on Energy and Commerce, for a period to be been reached; to the Committee on House such section, and for other purposes; to the subsequently determined by the Speaker, in Administration. Committee on the Judiciary, and in addition each case for consideration of such provi- By Mrs. DAVIS of California (for her- to the Committee on Ways and Means, for a sions as fall within the jurisdiction of the self, Mr. LOWENTHAL, Ms. BONAMICI, period to be subsequently determined by the committee concerned. Mr. TAKANO, and Mr. HUFFMAN): Speaker, in each case for consideration of By Mr. KILMER (for himself, Mr. HECK H.R. 1885. A bill to amend the Internal Rev- such provisions as fall within the jurisdic- of Washington, Mr. LARSEN of Wash- enue Code of 1986 to allow eligible veterans tion of the committee concerned. ington, Ms. DELBENE, Mr. to use qualified veterans mortgage bonds to By Mr. GEORGE MILLER of California MCDERMOTT, Mr. REICHERT, and Mr. refinance home loans, and for other pur- (for himself, Mr. HARPER, Mr. MORAN, SMITH of Washington): poses; to the Committee on Ways and Means. Mr. GRIJALVA, Mr. POLIS, Ms. WILSON H. Res. 207. A resolution recognizing the By Ms. DELBENE (for herself, Mr. of Florida, Ms. MOORE, Ms. BONAMICI, 50th anniversary of the first ascent of Mt. HANNA, Mr. OWENS, Mr. CRAMER, Mr. Ms. SLAUGHTER, Mr. PAYNE, Mr. Everest by United States citizens; to the HIGGINS, and Mr. HUIZENGA of Michi- CICILLINE, Ms. MCCOLLUM, and Ms. Committee on Oversight and Government gan): SHEA-PORTER): Reform. H.R. 1886. A bill to prohibit land border H.R. 1893. A bill to prevent and reduce the By Mr. MORAN: crossing fees; to the Committee on the Judi- use of physical restraint and seclusion in H. Res. 208. A resolution expressing opposi- ciary, and in addition to the Committee on schools, and for other purposes; to the Com- tion to the use of carbon monoxide, carbon Ways and Means, for a period to be subse- mittee on Education and the Workforce. dioxide, nitrogen, nitrous oxide, argon, or quently determined by the Speaker, in each By Mrs. NOEM: other gases to euthanize shelter animals and case for consideration of such provisions as H.R. 1894. A bill to establish an Office of support for State laws that require the use of fall within the jurisdiction of the committee Tribal Relations in the Department of Agri- the more humane euthanasia by injection concerned. culture; to the Committee on Agriculture. method; to the Committee on Agriculture.

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By Mr. WALZ (for himself, Mr. PETERS Congress has the power to enact this legis- foreign Nations, and among the several of Michigan, Mr. CONYERS, Ms. lation pursuant to the following: States, and with the Indian Tribes BROWN of Florida, Mr. CAPUANO, Mrs. Article I, section 9, clause 7 of the United Article I, Section 8, Clause 18 of the Con- NAPOLITANO, Ms. NORTON, Mr. States Constitution stitution states ‘‘To make all Laws which LOEBSACK, Ms. LINDA T. SA´ NCHEZ of By Mr. RYAN of Wisconsin: shall be necessary and proper for carrying California, Mr. NADLER, Ms. H.R. 1870. into Execution the foregoing Powers, and all SCHWARTZ, Ms. MCCOLLUM, Ms. JACK- Congress has the power to enact this legis- other Powers vested by this Constitution in SON LEE, Mr. RUSH, Mr. GRIJALVA, lation pursuant to the following: the Government of the United States or in Mr. DEFAZIO, Mr. HIGGINS, Mr. Article I, section 9, clause 7 of the United any Department or Officer thereof.’’ TERRY, Mr. TONKO, Ms. SLAUGHTER, States Constitution By Mr. BISHOP of Utah: Mr. DINGELL, Mr. HUFFMAN, Mr. By Mr. WOODALL: H.R. 1881. LYNCH, Ms. TSONGAS, Mr. YOUNG of H.R. 1871. Congress has the power to enact this legis- Alaska, Mr. GIBSON, Mr. NOLAN, Ms. Congress has the power to enact this legis- lation pursuant to the following: BROWNLEY of California, Mr. TIER- lation pursuant to the following: The constitutional authority of Congress NEY, Mr. TAKANO, Mr. BRADY of Penn- Article I, section 9, clause 7 of the United to enact this legislation is provided by Arti- sylvania, Mr. LIPINSKI, Mr. ISRAEL, States Constitution cle IV, section 3, clause 2 (relating to the Ms. TITUS, Mr. MCGOVERN, Mr. By Mr. GARRETT: power of Congress to dispose of and make all H.R. 1872. ENYART, and Mr. ELLISON): needful rules and regulations respecting the H. Res. 209. A resolution recognizing the Congress has the power to enact this legis- territory or other property belonging to the 150th anniversary of the founding of the lation pursuant to the following: United States). Brotherhood of Locomotive Engineers and Article I, Section 9, Clause 7. By Mrs. BLACK: Trainmen, and congratulating the members By Mr. CHAFFETZ: H.R. 1882. H.R. 1873. and officers of the Brotherhood of Loco- Congress has the power to enact this legis- Congress has the power to enact this legis- motive Engineers and Trainmen for the lation pursuant to the following: lation pursuant to the following: union’s many achievements; to the Com- Congress under Article 1, Section 8, clause Article I, section 9, clause 7 of the United 3 of the United States Constitution. Article mittee on Transportation and Infrastruc- States Constitution ture. 1, Section 8, Clause 3 of the United States By Mr. PRICE of Georgia: Constitution bestows upon Congress the au- f H.R. 1874. thority ‘‘To regulate Commerce with foreign Congress has the power to enact this legis- MEMORIALS Nations, and among the several States, and lation pursuant to the following: with Indian Tribes.’’ Congress is within its Under clause 3 of rule XII, memorials Article I, section 9, clause 7 of the United constitutionally prescribed role to reform, States Constitution which provides that, were presented and referred as follows: limit, or abolish programs maintained by the ‘‘No Money shall be drawn from the Treas- 22. The SPEAKER presented a memorial of United States Department of Agriculture, a ury, but in Consequence of Appropriations the House of Representatives of the State of body which has regulated interstate com- made by Law, and a regular Statement and Ohio, relative to House Concurrent Resolu- merce under the auspices of Congress con- Account of the Receipts and Expenditures of tion No. 4 urging the Congress to maintain tinue all public Money shall be published from operation of the 179th Airlift Wing at Mans- By Mr. CARTER: time to time.’’ field-Lahm Regional Airport; to the Com- H.R. 1883. By Mr. RYAN of Ohio: mittee on Armed Services. Congress has the power to enact this legis- 23. Also, a memorial of the Senate of the H.R. 1875. Congress has the power to enact this legis- lation pursuant to the following: State of Michigan, relative to Senate Reso- Article I, Section 8, Clause 1: The Congress lution No. 31 urging the President and the lation pursuant to the following: Defines social and emotional learning shall have Power To lay and collect Taxes, Congress to preserve full funding and support Duties, Imposts and Excises, to pay the for the Department of Defense STARBASE (SEL) and amends the Elementary and Sec- ondary Education Act (ESEA) to allow fund- Debts and provide for the common Defence youth science and technology program; to and general Welfare of the United States; but the Committee on Armed Services. ing for teacher and principal training and professional development to be used for SEL all Duties, Imposts and Excises shall be uni- 24. Also, a memorial of the Senate of the form throughout the United States; Commonwealth of Massachusetts, relative to programming. The above mentioned legislation is based By Mr. COOPER: a Senate Resolution requesting the Federal H.R. 1884. Government provide sufficient funding and upon the following Section 8 statement: To make all Laws which shall be necessary Congress has the power to enact this legis- personnel to process veterans’ claims in a and proper for carrying into Execution the lation pursuant to the following: more timely manner; to the Committee on foregoing Powers, and all other Powers vest- Article 1, Sections 8 and 9 of the Constitu- Veterans’ Affairs. ed by this Constitution in the Government of tion of the United States f the United States, or in any Department or By Mrs. DAVIS of California: Officer thereof. H.R. 1885. CONSTITUTIONAL AUTHORITY Congress has the power to enact this legis- STATEMENT By Ms. SINEMA: H.R. 1876. lation pursuant to the following: Pursuant to clause 7 of rule XII of Congress has the power to enact this legis- Article I, Section 8, Clause 1 the Rules of the House of Representa- lation pursuant to the following: By Ms. DELBENE: H.R. 1886. tives, the following statements are sub- The constitutional authority on which this bill rests is the power of Congress to lay and Congress has the power to enact this legis- mitted regarding the specific powers lation pursuant to the following: granted to Congress in the Constitu- collect duties, imposts and excises, to pay the debts and provide for the general welfare Article I, Section 8, Clause 3 (the Com- tion to enact the accompanying bill or of the United States; as enumerated in Arti- merce Clause) joint resolution. cle I, Section 8. By Mr. ENGEL: By Mr. TURNER: By Mr. BISHOP of New York: H.R. 1887. H.R. 1867. H.R. 1877. Congress has the power to enact this legis- Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: lation pursuant to the following: Article 1, Section 1 of the Constitution. Military Regulation: Article I, Section 8, Article 1, Section 8 By Mr. JONES: Clauses 14 and 18 By Mr. DIAZ-BALART: H.R. 1888. To make Rules for the Government and H.R. 1878. Congress has the power to enact this legis- Regulation of the land and naval Forces; and Congress has the power to enact this legis- lation pursuant to the following: To make all Laws which shall be necessary lation pursuant to the following: The constitutional authority of Congress and proper for carrying into Execution the Article I, Section 8, Clause 18 to enact this legislation is provided by Arti- foregoing Powers, and all other Powers vest- By Mr. PEARCE: cle 4, section 4 of the United States Constitu- ed by this Constitution in the Government of H.R. 1879. tion: The United States shall guarantee to the United States or in any Department or Congress has the power to enact this legis- every State in this Union a Republican Form Officer thereof. lation pursuant to the following: of Government, and shall protect each of By Mrs. BLACK: Article IV, Section 3, Clause 2 of the Con- them against Invasion; and on Application of H.R. 1868. stitution. the Legislature, or of the Executive (when Congress has the power to enact this legis- By Mr. AMODEI: the Legislature cannot be convened) against lation pursuant to the following: H.R. 1880. domestic violence. Article I, section 9, clause 7 of the United Congress has the power to enact this legis- By Mr. LATTA: States Constitution lation pursuant to the following: H.R. 1889. By Mr. RIBBLE: Article I, Section 8, Clause 3 of the Con- Congress has the power to enact this legis- H.R. 1869. stitution states ‘‘To regulate Commerce with lation pursuant to the following:

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Article I, Section 8, Clause 1 of the United By Mr. VISCLOSKY: SON of Georgia, Mr. CULBERSON, Ms. States Constitution H.R. 1899. HANABUSA, Mr. MCHENRY, and Mr. DUFFY. The Congress shall have Power To lay and Congress has the power to enact this legis- H.R. 847: Ms. MENG. collect Taxes, Duties, Imposts and Excises, lation pursuant to the following: H.R. 850: Mr. PASTOR of Arizona, Mr. ROG- to pay the Debts and provide for the common Clause 3 of Section 8 of Article I of the ERS of Alabama, Mr. HINOJOSA, and Mr. GRIF- Defence and general Welfare of the United Constitution. FITH of Virginia. States; but all Duties, Imposts and Excises H.R. 855: Ms. CASTOR of Florida. f shall be uniform throughout the United H.R. 900: Mr. VELA and Mr. JEFFRIES. States ADDITIONAL SPONSORS H.R. 904: Mr. MURPHY of Pennsylvania. By Mr. BLUMENAUER: H.R. 935: Mr. STUTZMAN, Mr. COSTA, Mr. H.R. 1890. Under clause 7 of rule XII, sponsors BACHUS, Mr. GARDNER, Mr. HULTGREN, Mrs. Congress has the power to enact this legis- were added to public bills and resolu- ELLMERS, Mr. GOSAR, Mr. THORNBERRY, and lation pursuant to the following: tions as follows: Mr. ROGERS of Alabama. H.R. 979: Mr. DENHAM, Mr. RICE of South Article I of the Constitution of the United H.R. 45: Mr. SCHWEIKERT, Mr. SHUSTER, Mr. Carolina, and Mr. YOHO. States provides clear authority for Congress DUNCAN of South Carolina, Mr. RADEL, Mr. H.R. 991: Mr. CRENSHAW. to pass legislation regarding federal agri- THORNBERRY, Mr. HALL, Mr. GINGREY of H.R. 992: Mr. SCHNEIDER. culture programs and public expenditures in Georgia, Mr. CONAWAY, Mr. HOLDING, Mr. H.R. 1020: Mr. KINZINGER of Illinois, Mr. support of those programs. ROGERS of Kentucky, Mr. MCKINLEY, Mr. NUNNELEE, Mr. JOHNSON of Ohio, and Mr. By Ms. LOFGREN: CRAMER, Mr. WALBERG, Mr. SIMPSON, Mr. H.R. 1891. YOUNG of Indiana. GARRETT, Mr. YOHO, Mr. SAM JOHNSON of Congress has the power to enact this legis- H.R. 1024: Mr. SMITH of Texas. Texas, Mr. NEUGEBAUER, Mr. YODER, Mr. lation pursuant to the following: H.R. 1026: Mr. MARCHANT. BISHOP of Utah, Mr. GRAVES of Georgia, Mr. Article I, section 8 of the Constitution of H.R. 1029: Mr. DINGELL. STEWART, Mr. SOUTHERLAND, Mr. HUIZENGA the United States. H.R. 1038: Mr. TAKANO. of Michigan, Mr. DAINES, Mr. WEBER of By Ms. LOFGREN: H.R. 1072: Mrs. BACHMANN. Texas, Mr. OLSON, Mr. BARTON, Mr. LATTA, H.R. 1892. H.R. 1074: Mr. BENISHEK, Mr. GOWDY, Mr. Mr. HUELSKAMP, Mr. CAMPBELL, Mr. Congress has the power to enact this legis- WHITFIELD, Mr. BILIRAKIS, Mr. HALL, Mr. WOODALL, Mr. GRIMM, Mr. WILLIAMS, Mr. lation pursuant to the following: CRENSHAW, Mr. GUTHRIE, and Ms. KUSTER. AMASH, Mr. HUDSON, and Mr. LABRADOR. Article 1, Section 8 of the U.S. Constitu- H.R. 1093: Mr. COBLE, Mr. FARENTHOLD, and H.R. 164: Mr. BERA of California and Mrs. tion. Ms. ESHOO. WAGNER. By Mr. GEORGE MILLER of Cali- H.R. 1143: Mr. NUGENT. H.R. 176: Mr. DUFFY. fornia: H.R. 1144: Mr. BENISHEK and Mr. GRIJALVA. H.R. 177: Mr. SENSENBRENNER. H.R. 1893. H.R. 1146: Mr. ROKITA and Mrs. BROOKS of H.R. 241: Mr. RIGELL. Congress has the power to enact this legis- Indiana. H.R. 311: Mr. WENSTRUP. lation pursuant to the following: H.R. 1148: Mr. THORNBERRY. H.R. 318: Mr. JOHNSON of Ohio. Article I, Section 8 of the Constitution of H.R. 1151: Mr. KINZINGER of Illinois and Mr. H.R. 335: Mr. VEASEY. the United States. GRIMM. H.R. 351: Mr. COLE, Mr. SENSENBRENNER, By Mrs. NOEM: H.R. 1155: Mr. RUSH and Mr. GRIMM. H.R. 1894. and Mr. MCHENRY. H.R. 1173: Mr. PETERS of California. Congress has the power to enact this legis- H.R. 357: Mr. ROE of Tennessee, Mr. PETERS H.R. 1179: Mr. CONNOLLY, Mr. POCAN, Mr. lation pursuant to the following: of California, Ms. BROWNLEY of California, PETRI, and Mr. WELCH. Article I, Section 8, Clause 3, which dele- and Mrs. WALORSKI. H.R. 1209: Mr. MCCLINTOCK, Mr. LOEBSACK, gates power to Congress ‘‘To regulate Com- H.R. 401: Mrs. BROOKS of Indiana and Mr. Mr. HUIZENGA of Michigan, Mr. FORTEN- merce with foreign Nations, and among the LOEBSACK. BERRY, Mr. GARDNER, and Mr. ENYART. several States, and with the Indian Tribes’’ H.R. 419: Mr. MARCHANT and Mr. GRIMM. H.R. 1219: Mr. ROSS. By Mrs. NOEM: H.R. 483: Mr. RODNEY DAVIS of Illinois. H.R. 1240: Mr. O’ROURKE. H.R. 1895. H.R. 500: Ms. SHEA-PORTER. H.R. 1247: Mr. COLLINS of New York. Congress has the power to enact this legis- H.R. 508: Mr. RUSH and Mr. RAHALL. H.R. 1250: Mr. HUFFMAN, Mr. ROKITA, Mr. lation pursuant to the following: H.R. 523: Mr. GRAVES of Missouri. VISCLOSKY, Mr. POE of Texas, Mr. HARPER, Article 4, Section 3: The Congress shall H.R. 525: Mr. CRAMER. and Mrs. HARTZLER. have Power to dispose of and make all need- H.R. 543: Mrs. BUSTOS. H.R. 1288: Mr. FITZPATRICK, Mr. RUIZ, Mr. ful Rules and Regulations respecting the H.R. 569: Mrs. LUMMIS. KILMER, Mr. GRIMM, and Ms. KUSTER. Territory or other Property belonging to the H.R. 612: Mr. STUTZMAN. H.R. 1298: Mr. COLLINS of New York. United States; and nothing in this Constitu- H.R. 627: Mr. LOBIONDO. H.R. 1304: Mr. ROKITA and Mr. GIBBS. tion shall be so construed as to Prejudice H.R. 630: Ms. CASTOR of Florida, Mr. H.R. 1313: Mrs. LUMMIS, Mr. RIGELL, Mr. ´ any Claims of the United States, or of any MARINO, Mr. LANGEVIN, and Ms. VELAZQUEZ. PITTS, and Mr. JOHNSON of Ohio. particular State. H.R. 631: Mr. JONES and Mr. RUIZ. H.R. 1351: Mr. LOWENTHAL. By Mr. REICHERT: H.R. 647: Mr. CUMMINGS, Mr. RAHALL, Mr. H.R. 1354: Ms. SCHAKOWSKY, Mr. RICE of H.R. 1896. GIBSON, Mr. ROGERS of Alabama, Ms. South Carolina, Mr. JOHNSON of Ohio, Ms. Congress has the power to enact this legis- KUSTER, Mr. BRALEY of Iowa, and Mr. GABBARD, and Mr. LUCAS. lation pursuant to the following: LUETKEMEYER. H.R. 1386: Mr. BURGESS and Mr. JOHNSON of Article I, Section 8, Clause 1 (relating to H.R. 666: Mr. COLE. Ohio. the general welfare of the United States); H.R. 676: Mr. GRAYSON. H.R. 1405: Mr. TAKANO, Mr. CALVERT, Mr. and Article I, Section 10, Clause 3 (relating H.R. 689: Mr. DEFAZIO. JOHNSON of Ohio, Mr. LANCE, Mr. O’ROURKE, to the power to enter into foreign compacts H.R. 698: Mr. WITTMAN. Mr. LOEBSACK, and Mr. RUIZ. on behalf of States). H.R. 714: Mr. MORAN. H.R. 1416: Ms. MICHELLE LUJAN GRISHAM of By Mr. SMITH of New Jersey: H.R. 721: Mr. DIAZ-BALART. New Mexico and Mr. TIBERI. H.R. 1897. H.R. 724: Mr. GOSAR. H.R. 1427: Mr. SENSENBRENNER. Congress has the power to enact this legis- H.R. 725: Ms. EDDIE BERNICE JOHNSON of H.R. 1440: Mr. JOHNSON of Ohio and Mr. lation pursuant to the following: Texas. JOYCE. Article I, Section 8 H.R. 744: Ms. ROS-LEHTINEN and Mr. HAS- H.R. 1449: Mr. POE of Texas, Mr. MCINTYRE, By Mr. TURNER: TINGS of Florida. Mr. SENSENBRENNER, Mr. LONG, Mr. H.R. 1898. H.R. 755: Mr. SMITH of Nebraska. NUNNELEE, Mr. PAYNE, Mr. AMODEI, Mr. CON- Congress has the power to enact this legis- H.R. 760: Mr. HUFFMAN. NOLLY, and Mr. LUCAS. lation pursuant to the following: H.R. 761: Mr. LONG. H.R. 1451: Mr. KING of New York. Military Regulation: Article I, Section 8, H.R. 763: Mr. MEADOWS, Mr. LUETKEMEYER, H.R. 1472: Mr. JOHNSON of Ohio. Clause 14 Mr. BROOKS of Alabama, Mr. SHIMKUS, Mr. H.R. 1474: Mr. GRIJALVA, Mr. CICILLINE, and To make Rules for the Government and THORNBERRY, Mr. BACHUS, Mr. BISHOP of Mr. KING of New York. Regulation of the land and naval Forces. Utah, and Mr. CRENSHAW. H.R. 1492: Mr. GIBSON. Necessary and Proper Regulations to Effec- H.R. 792: Mr. TIPTON, Mr. HARRIS, Mr. H.R. 1494: Ms. ESHOO. tuate Powers: PALAZZO, Mr. AUSTIN SCOTT of Georgia, Mr. H.R. 1496: Mr. ROKITA, Mr. COLLINS of New Article I, Section 8, Clause 18: The Con- KING of New York, and Mr. YOUNG of Alaska. York, and Mr. YOUNG of Indiana gress shall have Power To make all laws H.R. 809: Mr. STIVERS. H.R. 1498: Mr. TAKANO, Ms. NORTON, Ms. which shall be necessary and proper for car- H.R. 833: Mrs. BROOKS of Indiana. WILSON of Florida, and Mr. RUSH. rying into Execution the foregoing Powers, H.R. 836: Mr. LOWENTHAL. H.R. 1499: Mr. KING of New York. and all other Powers vested by the Constitu- H.R. 846: Mr. GENE GREEN of Texas, Mr. H.R. 1507: Mr. KLINE, Mr. GRIJALVA, Mr. tion in the Government of the United States, CHAFFETZ, Mr. VALADAO, Mr. COFFMAN, Mr. LONG, Mr. YOUNG of Alaska, Ms. BROWNLEY or in any Department or Officer thereof. RUNYAN, Mrs. NOEM, Ms. SPEIER, Mr. JOHN- of California, Mr. BRADY of Pennsylvania,

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Ms. SCHWARTZ, Ms. DEGETTE, Mr. BARLETTA, Mr. SIRES, Ms. MCCOLLUM, Mr. HUFFMAN, Ms. H.R. 1857: Ms. NORTON and Mr. RANGEL. Ms. CHU, and Mr. LOWENTHAL. LINDA T. SA´ NCHEZ of California, and Ms. HER- H. Con. Res. 16: Ms. MICHELLE LUJAN GRIS- H.R. 1521: Mr. O’ROURKE, Mr. RAHALL, Ms. RERA BEUTLER. HAM of New Mexico, Mr. GOWDY, Mr. WHIT- BROWNLEY of California, and Mrs. MCCARTHY H.R. 1764: Mr. COLE, Mr. LANCE, Mr. MEAD- FIELD, Mr. VEASEY, Ms. WILSON of Florida, of New York. OWS, and Mr. MARCHANT. and Mr. GRAVES of Georgia. H.R. 1528: Mr. DAVID SCOTT of Georgia, Ms. H. R. 1780: Mr. MARCHANT and Mr. HUDSON. H. Con. Res. 29: Mr. MARCHANT. PINGREE of Maine, Mr. COHEN, and Mr. GRIF- H.R. 1781: Mr. KING of New York. H. Res. 30: Mr. MARINO and Ms. CASTOR of FITH of Virginia. H.R. 1795: Mr. HUFFMAN, Mr. JOYCE, Ms. Florida. H.R. 1551: Mr. ENYART. LOFGREN, Mr. RUNYAN, Mr. SWALWELL of H. Res. 36: Mrs. BROOKS of Indiana and Mr. H.R. 1560: Mr. MURPHY of Florida, Mr. HAS- California, Mr. SIRES, Ms. TITUS, Mr. RUP- ROKITA. TINGS of Florida, and Ms. WILSON of Florida. ´ PERSBERGER, Mr. BEN RAY LUJAN of New H. Res. 78: Mr. O’ROURKE. H.R. 1572: Mrs. HARTZLER. HU Mexico, and Ms. C . H. Res. 132: Mr. MCNERNEY and Mr. H.R. 1591: Mr. WELCH. H.R. 1796: Mr. WITTMAN, Mr. VEASEY, Mr. SABLAN. H.R. 1595: Mr. SHERMAN, Mr. PRICE of North RIGELL, Mr. WALZ, Mr. COOK, Mr. HIGGINS, H. Res. 134: Mr. BERA of California. Carolina, Mr. NEAL, and Mr.GALLEGO. and Mrs. BACHMANN. OBLE H. Res. 160: Mr. ROKITA. H.R. 1598: Mr. C . H.R. 1797: Mr. TERRY and Mr. BISHOP of H.R. 1623: Ms. BROWNLEY of California and H. Res. 167: Ms. BROWNLEY of California. Utah. Mrs. MCCARTHY of New York. H. Res. 170: Mr. COTTON. H.R. 1809: Ms. BROWNLEY of California, Mr. H.R. 1638: Mr. ROKITA. H. Res. 174: Mr. TIERNEY, Mr. DELANEY, and BRIDENSTINE, and Mrs. MCCARTHY of New H.R. 1667: Mr. JONES and Mr. ELLISON. York. Mr. VELA. H.R. 1693: Mr. GIBBS. H.R. 1814: Mrs. BLACKBURN, Mr. GRIFFIN of H. Res. 182: Ms. BROWNLEY of California. H.R. 1699: Ms. SHEA-PORTER and Ms. ESHOO. H. Res. 190: Mr. PERRY. H.R. 1701: Mr. MCCAUL. Arkansas, Mr. MARCHANT, Mr. SIMPSON, and H. Res. 195: Ms. NORTON. H.R. 1727: Mr. COLLINS of New York and Mr. Mr. YODER. BLUMENAUER. H.R. 1825: Mr. PEARCE and Mr. DESJARLAIS. H.R. 1731: Ms. DELBENE, Mr. MORAN, Mr. H.R. 1826: Mr. FARENTHOLD. f WELCH, Ms. SCHWARTZ, Mr. DEUTCH, Mr. H.R. 1830: Mr. CLAY, Mr. CONYERS, Mr. COSTA, Mr. CICILLINE, Mrs. LOWEY, Mr. GER- QUIGLEY, Mr. PRICE of North Carolina, Mr. DELETIONS OF SPONSORS FROM PETERS of Michigan, Mr. BISHOP of New LACH, Mr. HINOJOSA, Mr. JOHNSON of Georgia, PUBLIC BILLS AND RESOLUTIONS York, Mr. LEVIN, Ms. MCCOLLUM, Ms. PIN- Mr. LYNCH, Ms. JENKINS, Mr. MAFFEI, Mr. GREE of Maine, and Mr. SARBANES. MCGOVERN, Ms. EDDIE BERNICE JOHNSON of Under clause 7 of rule XII, sponsors H.R. 1735: Mr. COLLINS of New York, Mr. Texas, Mr. BISHOP of New York, Ms. LEE of were deleted from public bills and reso- California, Mr. RYAN of Ohio, Mr. LANGEVIN, SENSENBRENNER, and Mr. JOHNSON of Ohio. lutions as follows: H.R. 1740: Mr. BOUSTANY, Mr. KLINE, Mr. Mr. HIGGINS, Mr. SENSENBRENNER, Ms. HUELSKAMP, Mr. NUNNELEE, Mr. SPEIER, and Mr. BUTTERFIELD. [Omitted from the Record of May 7, 2013] H.R. 1847: Mr. FORTENBERRY, Mr. CAMP- FARENTHOLD, and Mr. JOHNSON of Ohio. H.R. 632: Mr. HINOJOSA, Mr. GRIJALVA, and BELL, Mr. FLEMING, Mr. OLSON, Mr. BARTON, H.R. 1749: Mr. BISHOP of Georgia. Mr. POMPEO. H.R. 1762: Ms. GRANGER. Mr. YOHO, and Mr. HUNTER. H.R. 1763: Ms. BROWNLEY of California, Mr. H.R. 1851: Ms. SCHWARTZ and Ms. [Submitted May 8, 2013] BRALEY of Iowa, Ms. SCHWARTZ, Mr. POLLS, WASSERMAN SCHULTZ. H.R. 1286: Mr. WELCH.

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Vol. 159 WASHINGTON, WEDNESDAY, MAY 8, 2013 No. 64 Senate The Senate met at 9:30 a.m. and was Senator from the Commonwealth of Massa- Senate Democrats have not even had a called to order by the Honorable WIL- chusetts, to perform the duties of the Chair. budget in 3 years. They are not pretending to LIAM M. COWAN, a Senator from the PATRICK J. LEAHY, try to fix these problems. I think that is ir- Commonwealth of Massachusetts. President pro tempore. responsible. Mr. COWAN thereupon assumed the But then Republicans got what they PRAYER chair as Acting President pro tempore. wanted 46 days ago. Forty-six days it The Chaplain, Dr. Barry C. Black, of- f has been since the Senate passed its budget, but Republicans are standing fered the following prayer: MEASURE PLACED ON THE in the way of moving forward in the Let us pray. CALENDAR—S. 888 Creator and sustainer, whose al- conference. They got what they asked, mighty hand leaps forth in beauty all Mr. REID. Mr. President, I under- and now they no longer want what they the starry band, thank You for the gift stand that S. 888 is at the desk and due asked for. of freedom that You have given our Na- for a second reading. Remember, 46 days ago, under reg- tion. Make us responsible stewards of The ACTING PRESIDENT pro tem- ular order, after a thorough committee Your bounty. pore. The clerk will read the bill by markup, an all-night session—we ended Guide our lawmakers in the way of title for the second time. at 5 a.m. in the morning—the Senate peace, as Your liberating love is seen in The assistant legislative clerk read passed a budget resolution. Over the their lives. Lord, give them tough faith as follows: last 46 days, Republicans have stun- for troubled times. May they submit to A bill (S. 888) to provide end user exemp- ningly and repeatedly blocked at- Your guidance and strive to faithfully tions from certain provisions of the Com- tempts to name budget conferees. If we serve You. Give them the serenity to modity Exchange Act and the Securities Ex- did that, we could start down the path change Act of 1934. accept the things they cannot change, to compromise. the courage to change the things they Mr. REID. Mr. President, I object to That is what legislation is all about. can, and the wisdom to know the dif- any further proceedings with respect to Legislation, by definition, is the art of ference. the bill. compromise. We pray in Your holy Name. Amen. The ACTING PRESIDENT pro tem- pore. Objection is heard. It is Republicans who, as Senator f The bill will be placed on the cal- CRUZ put it, aren’t even intending to endar. fix these problems. PLEDGE OF ALLEGIANCE Republicans often have said the reg- f The Honorable WILLIAM M. COWAN led ular order of the budget process is the the Pledge of Allegiance, as follows: RECOGNITION OF THE MAJORITY only way to get long-term sound fiscal I pledge allegiance to the Flag of the LEADER policy. Democrats and Republicans will United States of America, and to the Repub- The ACTING PRESIDENT pro tem- not find common ground if they don’t lic for which it stands, one nation under God, sit down and talk. Obviously, if we indivisible, with liberty and justice for all. pore. The majority leader is recog- nized. can’t talk, it doesn’t do any good. We f need someone to talk to. Here is what f we are trying to accomplish. Move leg- APPOINTMENT OF ACTING THE BUDGET islation forward. PRESIDENT PRO TEMPORE Mr. REID. Mr. President, for years Don’t take my word for it. This is The PRESIDING OFFICER. The Republicans have been singing the what the Speaker of the House of Rep- clerk will please read a communication praises of regular order, week after resentatives said just a few weeks ago: to the Senate from the President pro week, month after month. It has gone Here is the process. The House passes a tempore (Mr. LEAHY). into years now. Even though they may bill. The Senate can pass a bill. And if we The assistant legislative clerk read not have been correct, they did it any- disagree, we go to conference and work it the following letter: way. They said how they missed the out. U.S. SENATE, days of committee markups, how they What Speaker BOEHNER and Senator PRESIDENT PRO TEMPORE, longed for an amendment vote-arama, CRUZ have said is that they used to Washington, DC, May 8, 2013. To the Senate: amendments, and how they pined for a love the idea of regular order, but they Under the provisions of rule I, paragraph 3, budget resolution. don’t like it anymore. They got what of the Standing Rules of the Senate, I hereby As the junior Senator from Texas they wanted, but they don’t like what appoint the Honorable WILLIAM M. COWAN, a said just before the election: they got.

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

S3215

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VerDate Mar 15 2010 00:17 May 09, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.000 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3216 CONGRESSIONAL RECORD — SENATE May 8, 2013 This is what my friend, the minority aren’t afraid to try to resolve our dif- States-South Korea alliance which is leader, said in January of this year in ferences in a conference committee in- so important to both of our countries. praise of the conference committee: stead of behind closed doors. This has The transition from her predecessor, If the Senate version is different than the been the custom in the Senate and President Lee, could not have been one the House sends over, send it off to con- House of Representatives for more than smoother. Both his administration and ference. That’s how things are supposed to 200 years. hers have been true partners, espe- work around here. We used to call it legis- Why are Republicans so afraid? Why cially at a time of high contention. lating. are they blocking us from continuing We welcome President Park and look That is what the Republican leader this process in public? forward to hearing what she has to say said. We heard from the junior Senator later today. A few days later, Senator MCCONNELL from Texas: Republicans will only go f extolled the virtue of regular order by to conference if Democrats agree ahead NOMINATION OF THOMAS PEREZ saying this: of time to give in to every one of their Remember, regular order is how the Senate demands. That is a strange one. Sure, Mr. MCCONNELL. Mr. President, this is supposed to function. . . . The public is we will go to conference, but before we morning I would like to say a few supposed to have a chance to scrutinize the words about the nomination of Thomas proposals before us. go you have to agree to everything we want. Perez as Labor Secretary. Here we have the junior Senator from If Republicans can’t rig the game in The Perez nomination has generated Texas, the Speaker of the House, and their favor, he said, there will be no a fair amount of controversy. For those the Republican leader saying we should game, no conference, no legislating at who haven’t tuned in yet to the debate have regular order. We should pass leg- all. Democrats want to put deadline- surrounding his nomination, I would islation, as we have done and the House day negotiations and last-minute fixes like to take a few minutes this morn- has done, and then work it out in con- behind us. We want to engage in a re- ing to explain why. ference. sponsible legislative process under reg- The first thing to say about this So we agree. I agree with those three nomination is that neither I nor any- people. Do you know something else. ular order, and we will keep pushing the process forward. Passing a budget one else on this side of the aisle has The American public agrees. anything against Mr. Perez personally. They suddenly don’t like what they in each Chamber is a good step to re- As a graduate of Harvard Law School, wished for. We passed our budget; the storing regular order. It is only a first there are a lot of things he could have House Republicans passed theirs. The step. The next step is to sit down and done other than advocate for those next step under regular order is to resolve our differences. struggling on the fringes of our soci- move to conference to negotiate a com- f ety. promise. Yet when it comes to a vote such as I can’t understand—maybe I do. I SCHEDULE this, we have to weigh a lot more than think I understand why Republicans Mr. REID. Mr. President, following a nominee’s intentions. We have to don’t want to debate their budget in my remarks and those of Senator look at how those intentions square the light of day. MCCONNELL, the Senate will be in with the higher obligation that any You see, the Ryan budget, which they morning business until 10 a.m. At 10 nominee, but especially a Cabinet extol to each other, which passed the a.m., the Senate will recess until 11:30 nominee, has to the rule of law. It is on House, would turn Medicare into a to allow for the joint meeting of Con- this point where this nomination be- voucher program—the end of Medicare gress with the President of the Repub- comes so controversial and where the as we know it. lic of Korea. When the Senate recon- deference that Senators of both parties The Ryan Republican budget would venes, we will resume consideration of generally grant Presidents when it lower taxes for the rich while the mid- S. 601, the Water Resources Develop- comes to picking Cabinet nominees be- dle class foots the bill. That is in their ment Act. At 2 p.m. there will be three gins to break down. budget. rollcall votes in relation to amend- By all accounts, Tom Perez is not The Republican budget would rip the ments to the bill. safety net from under the elderly, the just a man with a heart for the poor, he middle class, veterans, and the poor. f is a committed ideologue who appears No wonder they don’t want to go to RECOGNITION OF THE MINORITY willing, quite frankly, to say or do any- conference. No wonder they don’t want LEADER thing to achieve his ideological end. transparency. His willingness, time and again, to The ACTING PRESIDENT pro tem- The Democratic budget, by contrast, bend or ignore the law and misstate pore. The Republican leader is recog- would preserve or protect Medicare for the facts in order to advance his far- nized. our children and grandchildren. The left ideology leads me and others to Democratic budget would ask the f conclude he would continue to do so if wealthiest Americans to contribute he were confirmed to another and WELCOMING THE PRESIDENT OF much more consequential position of just a little bit more to help reduce the SOUTH KOREA deficit. The Democratic budget would public trust. balance smart spending cuts with new Mr. MCCONNELL. Later today we Take, for instance, his efforts while revenue from closing loopholes. will welcome the President of the on the Montgomery County Council to It is obvious, then, why the Repub- South Korea to address both Houses of get Canadian drugs imported to the licans don’t want to compare the sen- Congress. President Park is a truly ex- United States. According to the Wash- sible Senate budget with the extreme traordinary woman, the first female ington Post, Perez tried to get the House budget. The extreme House Re- chief executive of her country and, I county to import these drugs even publican budget was resoundingly re- might add, a conservative. after—even after—a top FDA official jected by the voters in November. That She is a strong leader too. I suppose said doing so would be, in his words, is what Governor Romney touted. Re- that is because she endured so much in ‘‘undeniably illegal.’’ member, Congressman RYAN was his her own life; the assassination of her What was Perez’s response? ‘‘Federal Vice Presidential candidate. They ran mother when she was only 22, the as- law is muddled,’’ he said at the time. together. sassination of her father a few years ‘‘Sometimes you have to push the en- Now it is time for each side to stand after that, and the violent attack she velope.’’ for what it believes. As the junior Sen- herself endured in 2006. Think about that statement. ‘‘Some- ator from Texas said late last year, we Yet beyond a scar on her face, you times you have to push the envelope.’’ have ‘‘got to go on record and say this would not know. She didn’t recoil in Is that the kind of approach to Federal is what we want to do, this is our budg- fear. She threw herself right back into law we want in those we confirm to run et.’’ the rough and tumble of public life. So Federal agencies? Folks who think if a Democrats aren’t afraid to debate she is tough. I know this tenacious Federal law is inconvenient to their our principles in the light of day. We leader is committed to the United ends they can simply characterize it as

VerDate Mar 15 2010 04:26 May 09, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.003 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3217 unclear and use that as an excuse to do Government to throw out two whistle- ‘‘Statements on Introduced Bills and whatever they want? blower complaints against St. Paul Joint Resolutions.’’) If that is not a red flag for those of us that could have recovered millions of f who have to review a Presidential dollars for the taxpayers that had been CONCLUSION OF MORNING nominee, I don’t know what is. falsely obtained. The two whistle- BUSINESS Now, again, someone might say ev- blowers’ complaints were dropped, and erybody in politics has to make judg- the Supreme Court never heard the dis- The ACTING PRESIDENT pro tem- ments about how a given law is to be parate impact case. pore. Morning business is closed. interpreted. Those who disagree with Perez told investigators he hadn’t f those judgments call it pushing the en- even heard of the disparate impact case JOINT MEETING OF THE TWO velope. Mr. Perez, however, does not until the Court initially decided to HOUSES—ADDRESS BY THE merely push the envelope. All too often hear it. But that has been contradicted PRESIDENT OF SOUTH KOREA, he circumvents or ignores a law with by HUD Deputy Assistant Secretary HER EXCELLENCY PARK GEUN- which he disagrees. Sara Pratt, who told investigators she HYE Here are a few examples: As a mem- and Mr. Perez discussed the case well ber of the Montgomery County Coun- before that. The ACTING PRESIDENT pro tem- cil, Mr. Perez pushed through a county Taken together, all of this paints the pore. Under the previous order, the policy that encouraged the circumven- picture, for me at least, not of a pas- Senate will stand in recess until 11:30 tion of Federal immigration law. sionate liberal who sees himself as pa- a.m. for the purpose of attending a Later, as head of the Federal Govern- tiently operating within the system joint meeting with the House of Rep- ment’s top voting rights watchdog, he and through the democratic process to resentatives to hear the President of refused to protect the right to vote for advance a particular set of strongly South Korea, Her Excellency Park Americans of all races, in violation of held beliefs but a crusading ideologue Geun-hye. the very law he was charged to enforce. whose conviction about his own Thereupon, the Senate, at 9:59 a.m., In the same post at the Department rightness on the issues leads him to be- recessed until 11:31 a.m. and the Sen- of Justice, Perez directed the Federal lieve the law does not apply to him. ate, preceded by its Secretary, Nancy Government to sue, against the advice Unbound by the rules that apply to ev- Erickson, Drew Willison, Deputy Ser- of career attorneys in his own office. In eryone else, Perez seems to view him- geant at Arms, and the Vice President another case involving a Florida self as free to employ whatever of the United States, proceeded to the woman who was lawfully exercising her means—whatever means—at his dis- Hall of the House of Representatives to First Amendment right to protest in posal, legal or otherwise, to achieve his hear an address delivered by Her Excel- front of an abortion clinic, the Federal ideological goals. lency Park Geun-hye, President of judge who threw out Mr. Perez’s law- To say this is problematic would be South Korea. suit said he was ‘‘at a loss as to why an understatement. As Secretary of (The address delivered by the Presi- the government chose to prosecute this Labor, Perez could be handling numer- dent of South Korea is printed in to- particular case’’ in the first place. ous contentious issues and imple- day’s RECORD of the House of Rep- This is what pushing the envelope menting many politically sensitive resentatives.) means in the case of Mr. Perez—a flip- laws, including laws enforcing the dis- At 11:31 a.m., the Senate, having re- pant and dismissive attitude about the closure of political activity by labor turned to its Chamber, reassembled boundaries everyone else has to follow unions. Perez’s devotion to the cause of and was called to order by the Pre- for the sake of the liberal causes in involuntary universal voter registra- siding Officer (Ms. HEITKAMP). which he believes. In short, it means a tion is also deeply concerning to me f lack of respect for the rule of law and personally, and I would imagine many WATER RESOURCES a lack of respect for the need of those of my colleagues in the Senate also be- DEVELOPMENT ACT OF 2013 in positions of power to follow it. lieve in the absolute centrality of Just as troubling, however, is the maintaining the integrity of the vote. The PRESIDING OFFICER. Under fact that Mr. Perez has been called to Americans of all political persua- the previous order, the Senate will re- account for his failures to follow the sions have the right to expect the head sume consideration of S. 601, which the law, and he has been less than forth- of such a sensitive department, wheth- clerk will report. right about his actions when called to er appointed by a Republican or Demo- The assistant legislative clerk read account. When he testified that politics crat, will implement and follow the law as follows: played no role in his office’s decision in a fair and reasonable way. I do not A bill (S. 601) to provide for the conserva- not to pursue charges against members believe they could expect as much from tion and development of water and related of a far-left group who may have tried Mr. Perez. resources, to authorize the Secretary of the Army to construct various projects for im- to prevent others from voting, for in- Mr. President, I yield the floor. stance, the Department’s own watch- provements to rivers and harbors of the f United States, and for other purposes. dog said ‘‘Perez’s testimony did not re- flect the entire story.’’ And a Federal RESERVATION OF LEADER TIME Pending: judge said the evidence before him The ACTING PRESIDENT pro tem- Boxer/Vitter amendment No. 799, in the na- ‘‘appear[ed] to contradict . . . Perez’s pore. Under the previous order, the ture of a substitute. testimony.’’ leadership time is reserved. The PRESIDING OFFICER. Under Perez has also made misleading f the previous order, the time until 2 statements about this case under p.m. will be equally divided between oath—under oath—to Congress and the MORNING BUSINESS the two leaders or their designees. U.S. Civil Rights Commission. The ACTING PRESIDENT pro tem- The Senator from California. Mr. Perez’s involvement in an alleged pore. Under the previous order, the Mrs. BOXER. Madam President, what quid pro quo deal with the city of St. Senate will be in a period of morning is the order? Paul, MN, also fits the pattern. Here business until 10 a.m., with Senators The PRESIDING OFFICER. The Sen- was a case where Perez was allegedly permitted to speak therein for up to 10 ate is in a period of debate prior to so concerned about a potential Su- minutes each and with the time equal- votes in relationship to S. 601. preme Court challenge to the legality ly divided and controlled between the Mrs. BOXER. Madam President, how of a theory he championed in housing two leaders or their designees. much time is going to be controlled by discrimination suits known as ‘‘dis- The Senator from Massachusetts is Senator COBURN, the opposition to his parate impact,’’ he quietly worked out recognized. amendments, and Senator WHITE- a deal with St. Paul officials whereby Ms. WARREN. I thank the Chair. HOUSE? they would withdraw their appeal to (The remarks of Ms. WARREN per- The PRESIDING OFFICER. The Sen- the Supreme Court of a disparate im- taining to the introduction of S. 897 are ator from Oklahoma controls 40 min- pact case if he arranged for the Federal located in today’s RECORD under utes. The majority controls 75 minutes.

VerDate Mar 15 2010 00:17 May 09, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.007 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3218 CONGRESSIONAL RECORD — SENATE May 8, 2013 Mrs. BOXER. How much time is and Feed Association, the Retail Fed- I am not saying they should be avoid- there as far as Senator WHITEHOUSE is eration, the National Waterways Con- ed. We have to confront them. Every concerned? ference, National Stone Sand & Gravel once in a while I hope we can take a The PRESIDING OFFICER. There is Association, Portland Cement Associa- pause from this controversy and do no specific time agreement for Senator tion, the American Institute of Archi- something for this country and come WHITEHOUSE. tects, the Fertilizer Institute, the together without the rancor, without Mrs. BOXER. Thank you very much. United Brotherhood of Carpenters and the upset, and without the divisiveness I wanted to get the order squared away Joiners of America, the Waterways of some of these issues. so I could share the information with Council. We will proceed to deal with these colleagues before Senator COBURN is This is just a sample. America is be- issues that Senator COBURN has heard on his amendments. hind this bill. This is important. Ev- brought forth on guns. After we dispose Madam President, we are on the erything we do here is important, and of these, I hope we will not have this Water Resources Development Act—it this is as important. It will, in fact, kind of divisiveness on a bill that is so is a great day for the Senate—because support over half a million jobs—not needed. we have received a D-plus rating on our doing things we don’t need but doing I thank the Presiding Officer very infrastructure. This is the greatest Na- things we need and must do. much. tion in the world. If we cannot move We have some very important letters. I yield the floor. people or products, if our ports need to One letter is from the American Asso- The PRESIDING OFFICER. The Sen- be deepened—and because they are not ciation of Port Authorities and the ator from Oklahoma. deepened, we cannot move commerce American Road and Transportation Mr. COBURN. Madam President, first in and out—we have problems. Builders Association. They talk about of all, I thank my colleagues for the As we move into periods of extreme how it is important that this legisla- opportunity to have regular order in weather—there is some debate as to tive progress should not be slowed or the Senate. The ranking member of the why, and I will not get into that be- jeopardized by amendments that are committee would like to have 2 min- cause it is almost like a religious de- not germane to the bill. utes before I start. bate, so I will not go there. The fact is This is their language: If enacted, The PRESIDING OFFICER. The Sen- we have extreme weather, and now this long overdue legislation will en- ator from Louisiana. Mr. VITTER. Madam President, that we have some rules in place, this sure critical investments are being through the Chair, I thank the Senator bill will make it a lot easier for people made. from Oklahoma. I briefly want to say in the State of the Presiding Officer to They say nice things about Senator two things: No. 1, I too am very sup- deal with the corps after an extreme VITTER and me, which I will not read portive of this bill, which I do think is weather event. For the first time they because it is too self-serving, but I am a strong bipartisan and a reform-ori- will not have to come back for new au- very proud to have it in writing. I will ented effort. I think the best proof of thorizations. They can do some moves put it on my wall when I get back to that is that it came out of our EPW right then and there to improve the the office. committee 18 to 0. We have a com- situation, and that is a reform I think There is another letter from the mittee that reflects the wide spectrum is very necessary. Transportation Construction Coalition, of opinion of the entire Senate. The I certainly thank Senator VITTER, and it basically says: This bill will re- my ranking member, and every mem- move barriers to realizing the benefits waterway infrastructure bill is impor- ber of the Environment and Public of water resources projects. It needs to tant, so I am very supportive of it. No. 2, I am also very glad we have Works Committee. I want to thank all be bipartisan and bicameral. Let’s this open amendment process. I think the organizations that have come to swiftly pass this. it reflects a lot of work and goodwill on support this legislation. We have them That is a very important message for a lot of folks’ part, including the Chair listed, and I am just going to read a us. and myself. I welcome this debate and few of those. We have the Associated General Con- Madam President, may I speak for tractors of America, and they say: vote. We want to take up and vote on approximately 5 more minutes. Please don’t slow or jeopardize this amendments. With that show of good faith, I hope The PRESIDING OFFICER. Without bill. Members can focus on germane—or at objection, it is so ordered. We have a letter coming from the least relevant—amendments, and that Mrs. BOXER. We have the American chamber of commerce, and it is going is what we will be turning to in our Association of Port Authorities, the to say the same thing. next set of amendments. American Concrete Pressure Pipe Asso- I know Senator COBURN feels very I hope this open process and show of ciation, the American Council of Engi- strongly about his amendments, and good faith engenders that response. I neering Companies, the American we have agreed to take them up and look forward to all of these amend- Farm Bureau Federation, the Amer- vote on them. Every Senator has the ments and debates and votes. ican Foundry Society, the American right to do anything they want. I just With that, I thank the Senator from Public Works Association, the Amer- want to lay it out here for the Amer- Oklahoma for the time. ican Road and Transportation Builders ican people: This is a public works bill AMENDMENT NO. 805 TO AMENDMENT NO. 799 dealing with water infrastructure. It is Association, American Society of Civil The PRESIDING OFFICER. The not a bill about guns, it is not a bill Engineers, American Soybean Associa- chairman—Senator from Oklahoma. tion, Associated General Contractors of about a woman’s right to choose, it is Mr. COBURN. The only thing I am America, Association of Equipment not a bill about gay rights or gay mar- chairman of, Madam President, is my Manufacturers, Clean Water Construc- riage, it is not a bill about those very dogs at home, but I thank the Pre- tion Coalition, Concrete Reinforcing hot button issues we know divide the siding Officer for that misquote. Steel Institute, Construction Manage- American people. At this time, I call up Coburn amend- ment Association of America, Inter- I will have more to say after Senator ment No. 805. national Liquid Terminals Association, COBURN talks about his amendment. I The PRESIDING OFFICER. The International Propeller Club of the am just going to make a plea to my clerk will report the amendment. United States, and the International colleagues: We are trying so hard to ac- The assistant legislative clerk read Union of Operating Engineers. commodate everybody but, speaking as follows: I will not read all of these as there for myself, I hope we can avert and The Senator from Oklahoma [Mr. COBURN] are too many. avoid controversy on this bill. We have proposes an amendment No. 805 to amend- We received a letter today from the so much controversy every minute of ment numbered 799. chamber of commerce, which I will every day. There have been terrible ar- Mr. COBURN. Madam President, I talk about in a few minutes. guments on this floor about issues as ask unanimous consent that reading of We also have listed the Laborers to whether we should extend the debt the amendment be dispensed with. International Union of North America, ceiling, whether to default, do back- The PRESIDING OFFICER. Without surveyors, real estate people, Grain ground checks. These issues are tough. objection, it is so ordered.

VerDate Mar 15 2010 00:17 May 09, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.009 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3219 The amendment is as follows: projects are the most visited of any that is run by the corps, they are vio- (Purpose: To protect the right of individuals single Federal agency sites—even more lating Federal law but they are not to bear arms at water resources develop- than the 280 million annual visitors to violating State law. So we ought to ment projects administered by the Sec- our national parks. have consistency with our law. This is retary of the Army) Americans who camp, hunt, or fish about consistency, good government, At the end of title II, add the following: on these federally managed lands are and common sense. Wouldn’t it be a SEC. 20ll. PROTECTING AMERICANS FROM VIO- prevented from exercising their Second tragedy—and it happens all the time— LENT CRIME. Amendment rights that have been that a person is on a campsite in Okla- (a) FINDINGS.—Congress finds that— guaranteed by the Supreme Court, but homa and because there is no law al- (1) the Second Amendment of the Constitu- also are under the jurisdiction of their tion provides that ‘‘the right of the people to lowing that person to carry their weap- keep and bear arms shall not be infringed’’; State laws. on onto that campsite, they are vulner- (2) section 327.13 of title 36, Code of Federal The purpose of this amendment is so able to the prey of people who are Regulations provides that, except in special law-abiding citizens who are granted going to violate that law. That is ex- circumstances, ‘‘possession of loaded fire- the authority in their State will not be actly what was happening in the na- arms, ammunition, loaded projectile firing vulnerable to criminals or dangerous tional parks. We were having women devices, bows and arrows, crossbows, or other wildlife while on Army Corps land, and raped, we were having people mur- weapons is prohibited’’ at water resources we, in fact, will ensure they have their dered, we were having people accosted development projects administered by the rights guaranteed. This does not in- Secretary; and robbed. Guess what. That has all (3) the regulations described in paragraph clude an exemption for Federal facili- markedly declined since we allowed (2) prevent individuals complying with Fed- ties, Army Corps headquarters, re- gun owners to carry their guns. There eral and State laws from exercising the Sec- search facilities, lock or dam buildings, has not been, to my knowledge, one ond Amendment rights of the individuals or any other significant infrastructure case of an inappropriate use by a law- while at the water resources development associated with the corps. This amend- abiding citizen of their weapons in projects; and ment would simply require the Corps of those areas. So it is common sense. (4) Federal laws should make it clear that Engineers to follow State firearm pos- My hope is we will pass this amend- the Second Amendment rights of an indi- session laws on lands and waters man- vidual at a water resources development ment and have a consistent law on all project should not be infringed. aged by them—the same approach the Federal lands so people can be pro- (b) PROTECTING THE RIGHT OF INDIVIDUALS Bureau of Land Management, the For- tected under the Second Amendment, TO BEAR ARMS AT WATER RESOURCES DEVEL- est Service, the National Parks, and people can follow their State’s law and OPMENT PROJECTS.—The Secretary shall not the National Wildlife Refuges use. do it adequately and accurately and be promulgate or enforce any regulation that It is a simple issue. This is the only great law-abiding citizens. prohibits an individual from possessing a area of Federal lands now where we put With that, I reserve the remainder of firearm, including an assembled or func- people in double jeopardy if they are tional firearm, at a water resources develop- my time. accidentally on corps land; they are The PRESIDING OFFICER. The Sen- ment project covered under part 327 of title violating Federal law even though they 36, Code of Federal Regulations (as in effect ator from California. are complying with their State laws. on the date of enactment of this Act), if— Mrs. BOXER. Madam President, I They are totally in compliance with (1) the individual is not otherwise prohib- wish to thank my friend from Okla- the State laws, but if they step one ited by law from possessing the firearm; and homa because it was tough for me on (2) the possession of the firearm is in com- foot onto corps land, they are violating this bill to face the first amendment pliance with the law of the State in which corps regulations. This amendment being a gun amendment. The Senator the water resources development project is makes it consistent across all govern- from Oklahoma has very strong emo- located. ment lands—we have already done it tions about it. So do I. We just come Mr. COBURN. A couple of years ago I everywhere else—the corps land, which down on different sides. But I believe added an amendment in our delibera- is the most visited, the most utilized we want to show our good faith. I am tive process that gave Americans their lands we have in the country. It is also pleased we are not going to vote constitutional rights in the U.S. Na- straightforward. tional Forest. There were two main I am very appreciative of the chair- on the study amendment because, as I reasons I did that. man of this committee for her coopera- researched it, it looks as if there is al- No. 1, the amount of murders, rapes, tion in allowing this amendment. As a ready a study underway and I look for- robberies, and assaults were rising; and matter of fact, I am so cooperative I ward to looking at the results of that No. 2, there is some confusion with the am not going to offer the other one so study with the Senator from Oklahoma conceal and carry State laws. I can help move her bill forward. I con- in terms of the buying of ammunition. We have 35 or 36 States that have gratulate her on the bipartisan work I thank the Senator for that. It means conceal and carry State laws, but when she has done on her committee. a lot. someone accidentally walks onto U.S. Mrs. BOXER. I thank the Senator I ask the Chair, since Senator forest land, they are actually violating from Oklahoma. COBURN is now not going to take up one Federal law even though they might Mr. COBURN. I think this is a prin- of his amendments and we only have not know they are on State land versus cipled stand. The question is, Why one more, what is the status of time? Federal land. should we not have the same policy ev- How does that change things? I would note that since that time the erywhere, No. 1; and No. 2, Why would The PRESIDING OFFICER. The ma- amount of crime in our national parks we dare deny the rights we give every- jority controls 65 minutes, the Repub- has declined. So since then, we now where else on Federal Government- licans control 64 minutes. have, throughout the country, the owned land—why would we do some- Mrs. BOXER. I thank the Chair. same approach we have in national thing different on corps land? Madam President, I am going to an- parks on the Bureau of Land Manage- I actually wouldn’t even be offering swer a question that was posed rhetori- ment areas, the Forest Service, the Na- this had the corps not proactively stat- cally by my friend, which is a fair ques- tional Park Service, and the National ed that what we passed did not apply to tion. Why make a difference as far as Wildlife Refuge. them. We actually intended for it to who can carry a gun on Federal land The reason this is important for the apply and, technically, they could get versus national park land? My state- Corps of Engineers is because after we out. All we are saying is let’s make it ment will address this directly to my passed those amendments, the corps the same everywhere, so you can follow friend. proactively stated that none of this ap- State law, be a good, law-abiding cit- Coburn amendment No. 805 would plied to them. Well, the fact is the izen; but if a person happens to walk make it legal for anyone to carry weap- corps has more visitors every year on onto corps land, they are violating a ons on critical water infrastructure their 422 lake and river projects, 11.7 Federal statute according to the corps. property managed by the Army Corps million acres, 95,000 camp sites, and Not on BLM lands, not on Forest Serv- of Engineers. My view of this is it is a 6,500 miles of trails, and they have ice lands, not in the Parks, but if a per- dangerous amendment. He and I just more than 370 million visitors. Corps son walks up to a lake in Oklahoma see it very differently.

VerDate Mar 15 2010 04:26 May 09, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.010 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3220 CONGRESSIONAL RECORD — SENATE May 8, 2013 I believe this amendment would put dams and reservoirs and other critical loaded and so on, and there are rules our national security at risk by mak- infrastructure. and regulations, but I don’t think that ing the Nation’s dams, reservoirs, hy- I have sat in on numerous discus- is a problem. Some of the hunters I droelectric powerhouses, navigation sions, both classified and unclassified, know are extremely proud of the safety locks, major river systems, levees, and that talk about the need to protect the record they have had and what they other flood risk management features critical infrastructure of this world in teach their kids. vulnerable to attacks. which we live. In this world we live in, Now let’s talk about the facilities Current law on Army Corps property we may well see more homegrown ter- that I think are being put at risk—fa- is this: Army regulations prohibit the rorists who know our land and who cilities important to our national secu- private possession of loaded firearms, know where these dams are, and who rity, to our economy, and to our public ammunition, loaded projectile firing know where these reservoirs are, and safety. The Department of Homeland devices, and other weapons on Army who know where these locks are. Security under President Bush took ac- Corps property unless—and this is im- The Army Corps rangers are not tion in 2003 to list—and I am quoting— portant—unless the weapon is being trained or equipped to be law enforce- this sounds funny—‘‘dam’’—D-A-M— used for hunting, fishing, or target ment officers. They have no authority ‘‘assets.’’ Those include navigation shooting in designated areas. So let’s to carry firearms, to make arrests, or locks, levees, and water retention fa- establish that, yes, people can bring a execute search warrants. Corps rangers cilities, as a sector that is critical to gun onto corps property, but it needs are tasked with resource management the function of the economy, to the to be for hunting, fishing, or target and recreation maintenance. They are government, to our society, to the shooting. not law enforcement officers. well-being of our people. The inspector I don’t know what other usage there The Coburn amendment would allow general notes that these assets are es- would be. I guess one could argue that individuals to carry loaded or con- pecially important because one cata- a person wants to defend themselves, cealed weapons on all corps land as strophic failure at some locations but they could argue that anywhere. So long as the individual’s possession is in could affect populations exceeding I don’t know what more my friend compliance with the State law where 100,000 people and have economic con- wants. We have hunting, fishing, and the property is located. By the way, I sequences surpassing $10 billion. So we target shooting in designated areas so appreciate the fact the Coburn amend- are talking about changing the law on we don’t have these weapons near this ment does that, because some others corps land that would expand the right critical infrastructure. have offered amendments where if a to carry a gun, which people now have Similar to the regulations that gov- person is in a State that allows conceal on corps land as long as it is for recre- ern private gun possession on military and carry, they can go to any State. ation purposes—expanding it in a way bases, corps regulations require guns to The Coburn amendment doesn’t do that could threaten critical infrastruc- be unloaded when transported to and that. I appreciate that very much. ture. This is in a situation where there from these designated hunting, fishing, Now in the 49 States that allow con- are no armed guards. One catastrophic and target-shooting areas. In addition, cealed carrying of loaded weapons, the failure could affect 100,000 people and under current law, the regulations corps would not be able to prevent visi- could have economic consequences sur- allow for permission to be given to pri- tors from carrying concealed loaded passing $10 billion. vate individuals by the district com- weapons on corps campsites and hiking This is a report from the Bush ad- mander of the corps. So if somebody trails. Yet the corps has no employees ministration, folks. A 2011 DHS Inspector General report has a need to do this, they can get per- who perform law enforcement duties. I indicated there were numerous secu- mission to do it. As I look at the cur- have said this now three times. It is a rity gaps already at critical dam assets rent rules, I see it very differently. I very important point. We are putting across the Nation. So I do not know our corps people in a situation where see the Army Corps cooperating, mak- why we would allow anyone to bring they are unarmed and people coming ing sure people can take their weapons firearms to those critical infrastruc- on the property are armed. So if some- onto corps land, but making sure the ture facilities. They can use them for one carries a weapon onto corps land— uses are the recreational uses. If they hunting and fishing, but we should and I agree with my friend that 99- have a special problem or a special have some rules that protect this infra- something percent of the people are issue, they can get permission to carry structure. a gun for other circumstances. wonderful and would never think of Just notifying the public of the So the law already allows for the committing any type of felony, but we change in law that my friend wants to transport of guns on and off Army know violent crime happens every day. see happen will cost an enormous Corps property when used appro- Good Lord, all one has to do is read the amount of money—millions of dollars. priately for hunting or sport. I guess paper. We know there are—how many The Coburn amendment does not ad- we would have to say why would we deaths every day from guns? There are dress the costs, and normally he would have an amendment here that I believe 87 deaths a day from guns. A lot of that do that in an amendment: address the will put our critical water infrastruc- is suicide and a lot of that is violence costs the corps would incur in order to ture installations and millions of toward another person. So let me tell train their workers to carry weapons Americans who visit corps land at risk? my colleagues what the corps can do in or to hire outside security for that. I think it is a public safety issue. the case where there is a felony on the I appreciate and respect the views of Why do I oppose this Coburn amend- land there—someone doing something my friend, but I also think this is ment and why do I say it is dangerous? violent. They could write a ticket or something we should not do today on First of all, Army Corps rangers are call for backup. Since they have no this bill now, especially when we are not trained or equipped to be law en- weapons and no authority to arrest seeing a lot of talk about more home- forcement officers. That is quite dif- suspects, it is a dangerous situation. If grown terrorism. We want to protect ferent from the national park lands. this were to pass, we would have to our infrastructure. It may be that the Second, Army Corps facilities are in- spend a whole lot of dough making sure corps ought to look at more protection frastructure that is critical to national we train the corps personnel or allow for these facilities. I am willing to look security, the economy, and the safety them to hire law enforcement. We are at that. But I do think we are making of the American people. Third, the talking about a lot of funds we don’t a problem where there is not a prob- amendment ignores significant in- have. lem. People can go on corps land and creases in the budget deficit, and I I don’t know what the problem is. use their guns for hunting and fishing, know my friend is, if not the biggest Honestly, maybe my friend has heard recreation and target shooting, and I deficit hawk, certainly one of the big- from colleagues or friends or people think that is working out fine. This gest deficit hawks in history—ever who are upset about this. But the fact seems to be an amendment that is solv- since I have been here, which is a long is people can have weapons on corps ing a problem that, frankly, does not time. So we have costs—notifying the land for all kinds of reasons pertaining exist. public of the change in law and some- to recreation, which is the point. Yes, I have 38 million people in my State. how hiring security guards to protect one has to get them to the site not That is a lot of people. I asked: Do we

VerDate Mar 15 2010 00:17 May 09, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.012 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3221 have a lot of letters on this? I, at this abiding citizens. They are not the law- My friend says he excluded these point, do not know of any. But I may abiding citizens. It does not matter areas. I am telling you—you can read have some now that the Senator has what we do; they are not going to pay this—there is no exclusion. And if you brought this up. We probably have it attention to what we do. The one thing read the CRS—— on both sides now. But I hate to see us we have proven in the National Parks Mr. COBURN. Will the Senator yield? do this because I think it is going to is, when we allowed people the ability Mrs. BOXER. I will in 1 second. I put critical water infrastructure at to carry and follow their own State’s want to read what CRS says: risk. law in terms of their Second Amend- Proposed legislation does not explicitly This is not the national parks. These ment, we saw rapes go down, we saw provide the Corps with authority to restrict are not facilities where we have armed murders go down, we saw assaults go firearms at Corps facilities (e.g., dams) or in guards. If something were to happen to down, and we saw robberies go down in specifically designated areas. a reservoir, to a dam, the Bush admin- the national parks. I am happy to yield. istration tells us it could be quite dev- The same thing will happen on corps Mr. COBURN. I will get the Senator astating to communities. land. Most of the people will not carry. the actual statute. So I hope we will oppose this amend- Most of the people will not come in. Federal structures are covered under ment. Again, it is with respect that I But to deny the ability to do that, that another statute and I will get that say these things. I say them because I is what this amendment is about. statute for it. The reason we did not truly do think this is misguided. I hope I will be happy to debate the Senator specifically represent that is because we can get on with the underlying bill. further. The fact is, there is a big dif- they are already covered. We did not I thank my colleague and yield the ference in our view of what the Second exclude those structures. We said: floor. Amendment should be about in this Corps land. We did not specifically say The PRESIDING OFFICER (Ms. country and our trusting of law-abid- that, and we will get you the code BALDWIN). The Senator from Okla- ing citizens to do the right things. Her where Federal structures are excluded. homa. issue on critical infrastructure—we are Mrs. BOXER. Well, if I could say to Mr. COBURN. Madam President, first doing everything we can do to protect my friend, through the Chair, fine, get of all, our amendment exempts the that now and building toward the ulti- me the code. But the Senator said his areas the chairman talked about— mate goals of where we need to be, and amendment specifically excluded it, locks and dams. All those areas are ex- this is not going to change our ap- and it does not. I am researching now empt from this amendment. As ranking proach. It is not going to change it at that part, but there is no question member on Homeland Security, I know all. So I would dispute the fact that it there is no explicit prohibition here. more about these issues than probably is going to change our approach. So now you get into a circumstance anybody other than our chairman and As we look at critical infrastructure where you have one Federal law that the past chairman and ranking member and the protection of it, we are going says one thing, another Federal law in terms of the safety. to do the same whether or not this that says something else, and we know The people the chairman talks about amendment passes. It is not going to where that leads, folks. That leads to do not care what the law is now. They have any impact on it. court. My hope would be that since I actu- do not care what the law is. So the peo- I think my friend wanted to exclude ally have withdrawn the other amend- ple about whom we are going to be wor- being able to carry weapons near levees ment we would yield back the time and ried—Boston has pretty tight laws. and dams and so on. He ought to like move to Senator WHITEHOUSE’s amend- They did not care what the laws were. the status quo because that is the sta- ment as soon as we can. tus quo. The status quo is, if you want They broke multiple sets of laws, as we With that, I reserve the remainder of saw what happened in Boston. We have my time. to use a gun for hunting, fishing, recre- to prepare for that regardless of wheth- The PRESIDING OFFICER. The Sen- ation, fine, the corps already allows it. er this amendment goes through. ator from California. You just cannot use it on critical infra- I would also note, in several of our Mrs. BOXER. Madam President, I structure. He says that is his point. national parks we have corps land wish to ask my friend to show me What is the problem? What is the prob- where we have hydroelectric facilities where he excludes the areas that have lem? and we have these things. We have not the critical infrastructure because we As I discuss this with my friend, I do had any problem with that. What we have a report from CRS that says they not see why his amendment is nec- have had is a marked decline in the are not excluded. The dams are not ex- essary. I hope he will withdraw it, number of rapes and a marked decline cluded. frankly. in the number of murders in national Mr. COBURN. I will be happy to get The PRESIDING OFFICER. The Sen- parks since we instituted the State it for the Senator. ator from Oklahoma. laws in national parks for guns. Mrs. BOXER. No problem. Mr. COBURN. Madam President, I do On campgrounds we do have problems Madam President, I think the point not have any intention of withdrawing with rapes, with accosts, with assaults, is, the Senator tries to say what I the amendment. There is a Federal with robberies; and we do have murders think about the right to bear arms. He statute that already prohibits the car- on corps land and campgrounds. So the does not know my views. It is very rying of firearms in Federal buildings point is, standardizing where you can clear the Supreme Court has stated the and structures, and we will get the go—I would also make the point, we Second Amendment—that there is a Senator the statute. That is very clear. only allow State law to apply. If Okla- right to bear arms. But just as any We were advised by legislative counsel homa law is different than California other right—free speech, freedom of the we did not have to put that in there be- law, it is not Oklahoma law, it is what- press—rights are not unrestricted. We cause it is already prohibited. I will ever California law is and recognizing all know the story: You have free challenge the statement of the CRS that individual right so we do not put speech, but you cannot go into a the- and will give the Senator the section of people in jeopardy when they acciden- ater and yell ‘‘fire, fire’’ unless there is the code that provides that. tally get on corps land. a fire because you could be charged for Again, the point is, this critical in- I understand her inhibition toward it, causing a riot. So there is no absolute frastructure is already being beefed up. toward any expression of the Second right. We are going to be doing that in Home- Amendment generally. But the fact is The corps has stated on their land land Security. We are doing that in we ought to have a common policy in you can already bring a gun as long as Homeland Security, and it has no bear- all areas. We already do it in Bureau of it is about hunting, it is about fishing, ing whatsoever on the Second Amend- Land Management, we already do it in it is about recreation. But they say, if ment right to unify our policies across the Forest Service, we already do it in it is near their critical infrastructure— all government-owned land in this national parks. So we should not ex- which the Bush administration says is country. empt the corps. a homeland security necessity to pro- I yield the floor. The fact is, the people who are going tect—you cannot carry a loaded weap- The PRESIDING OFFICER. The Sen- to violate our laws are not the law- on. ator from California.

VerDate Mar 15 2010 00:17 May 09, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.014 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3222 CONGRESSIONAL RECORD — SENATE May 8, 2013 Mrs. BOXER. Madam President, I ask officers commissioned for public safety and Mrs. BOXER. I ask unanimous con- unanimous consent to have printed in security purposes at Corps projects. Unlike sent that the order for the quorum call the RECORD the CRS report summary DOI, the Corps does not have authority to be rescinded. that was done on this identical bill, perform most law enforcement functions at its projects. Corps rangers are limited to The PRESIDING OFFICER. Without which clearly states in their analysis issuing citations for regulatory violations objection, it is so ordered. that this would allow individuals to and are not allowed to carry firearms. Most Mrs. BOXER. Madam President, for carry firearms—loaded—on to levees, law enforcement is provided by local and the interest of all Senators, we are dams, near reservoirs, and the rest. It state law enforcement personnel; the Corps’ moving forward with our bill. We have is clearly stated here: authority to contract for this assistance is a first vote on an amendment at 2 $10 million annually. Proposed legislation does not explicitly o’clock. At this time we are deter- provide the Corps with authority to restrict A safety and security assessment of the firearms at Corps facilities [like dams]. . . . proposed legislation for Corps projects has mining whether Senator WHITEHOUSE not been performed. DOI’s Bureau of Rec- will offer his amendment. If he does, And it goes on to say that is their de- lamation is faced with similar safety and se- there will be a vote on one of the two cision. curity issues at its water resource projects. Coburn amendments—he has with- There being no objection, the mate- It allows possession of firearms on Reclama- rial was ordered to be printed in the drawn the other—and then a vote on tion lands and waterbodies (e.g., reservoirs the Whitehouse amendment if, in fact, RECORD, as follows: behind dams) when such possession complies he offers it. [From the Congressional Research Service, with federal, state, and local law. The regu- July 12, 2012] lations restrict firearms at Reclamation fa- I would like say for the benefit of all FIREARMS AT ARMY CORPS WATER RESOURCES cilities (e.g; dams, buildings). DOI and Rec- Senators that this is a WRDA bill; this PROJECTS: PROPOSED LEGISLATION AND lamation also use multiple authorities and is a water bill. This is about dredging ISSUES FOR CONGRESS mechanisms to provide for armed and un- our ports. This is about making sure (By Nicole T. Carter) armed law enforcement and public safety we have restoration of our wetlands. and security. Whether the Corps, given its SUMMARY current authorities, could similarly provide This is about making sure we have As part of its civil works mission, the U.S. for safety and security at its projects if the flood control protection. This is about Army Corps of Engineers manages water re- proposed legislation is enacted has not been the infrastructure of our country, the source projects. Reservoirs lying behind assessed. ability to move goods, and the ability Corps dams, and Corps navigation locks and Mrs. BOXER. CRS did a big study of to have an infrastructure that is much their pools, are popular recreation sites, at- better than the D-plus it is rated at tracting 370 million visits annually. Corps it. I appreciate my friend says he cov- projects include some of the most densely ers this. It is not in his legislation. It this time. used federal recreation lands. Currently, 36 is just not in there. He does not refer to This is not a gun bill. I beg my col- C.F.R. Section 327 sets out the regulations that other law. He does not say any- leagues, whatever side you are on, we for public use of Corps projects. Section thing about the other law. cannot turn this bill into a gun bill be- 327.13 generally prohibits possession of load- My point is that the corps already al- cause that is not going to happen. I ed firearms by private (i.e., non-law enforce- lows you to bring a loaded gun onto the hope my colleagues will look at the ment) individuals at Corps-administered premises. You can even get a special Coburn amendment and decide that the projects unless they are being used for hunt- ing at designated sites (with devices required permit if you want to bring it to other best course is not to have it on this to be unloaded while transported to and from areas. It is already the law. bill. It doesn’t belong on this bill, and the sites) or at authorized shooting ranges. So this is an amendment that, in my it shouldn’t be on this bill. It is non- The regulation applies at projects regardless reading of it, would allow you then to germane, and, more important to me, of their location in states allowing open or go onto these other areas—the levees, it is very controversial. concealed carry of loaded firearms. the reservoirs, the critical infrastruc- I wish to ask the Senator from Rhode Proposed legislation—the Recreational ture. CRS agrees. I have put it in the Lands Self-Defense Act (H.R. 1865, S. 1588), Island a question. I know the Senator RECORD. My friend says no. has a wonderful amendment that deals and Section 111 of H.R. 5325, the Energy and I will tell you something, I do not Water Development and Related Agencies with the protection of our oceans on a Appropriations Act of FY2013 (which are all think we should move forward with water bill. Guess what—an amendment substantively similar)—would bar the Sec- this—he is—and we will see where the about water on a water bill. This is retary of the Army from promulgating or en- votes fall. good. I would ask my friend if he in- I yield the floor. forcing regulations that prohibit individuals tends to offer his amendment. from possessing firearms (including assem- The PRESIDING OFFICER. The Sen- bled or functional firearms) at Corps ator from Oklahoma. The PRESIDING OFFICER. The Sen- projects. The bills would require that fire- Mr. COBURN. Madam President, I ator from Rhode Island. arms possession comply with state law. Sup- would yield back the remainder of my Mr. WHITEHOUSE. Madam Presi- porters of the proposed legislation see it as a time if the chairman of the committee dent, through the Chair, I will tell the partial remedy to a current patchwork of would do as well. distinguished chairman that I, with regulations restricting firearms on federally Mrs. BOXER. Yes, I do. I yield my managed lands, as a means to provide con- great enthusiasm, intend to offer my sistency for open and concealed firearms pos- time back as well and suggest the ab- amendment. I hope my colleagues on session within a state, and as facilitating sence of a quorum. both sides of the aisle will support it. self-defense. They argue that enactment The PRESIDING OFFICER. The You should support it if you are from would establish Corps policies consistent clerk will call the roll. a coastal State because the coastal with Section 512 of P.L. 111–24, which made it The assistant legislative clerk pro- problems that coastal States face are legal for individuals to possess firearms at ceeded to call the roll. so often overlooked. If you are not National Park Service (NPS) and National Mr. WHITEHOUSE. I ask unanimous from a coastal State but you visit Wildlife Refuge System (NWRS) units of the consent that the order for the quorum Department of the Interior (DOI). Other coastal States to go to the beach, if call be rescinded. you like to eat fish or, frankly, if you stakeholders are concerned that the pro- The PRESIDING OFFICER. Without posed legislation may produce unintended like imported products that come objection, it is so ordered. public safety and infrastructure security through our coastal ports, you too have issues at Corps projects. Mr. WHITEHOUSE. May I ask fur- ther consent that time during all of the an interest in this legislation. I hope The issue for Congress is not only posses- you will support it. sion of loaded firearms by private individ- quorum calls be charged equally to uals but also how to maintain public safety both sides. Finally, this is a piece of legislation and infrastructure security at Corps The PRESIDING OFFICER. Without that was agreed to before by this body projects. objection, it is so ordered. in the form of the RESTORE Act. In ∑ Critical facilities security: Proposed leg- Mr. WHITEHOUSE. I suggest the ab- the RESTORE Act, we literally sent islation does not explicitly provide the Corps sence of a quorum. billions of dollars to our colleagues with authority to restrict firearms at Corps along the Gulf States for remediation, facilities (e.g., dams) or in specifically des- The PRESIDING OFFICER. The ignated areas. clerk will call the roll. repair, and economic reconstruction ∑ Public safety and law enforcement: The legislative clerk proceeded to after the two disasters of Hurricane There are no armed federal law enforcement call the roll. Katrina and the explosion of the oil

VerDate Mar 15 2010 04:26 May 09, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.015 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3223 well. Those two disasters. So for rea- our oceans, given so many factors, in- Superstorm Sandy in recent decades, sons that don’t merit further discus- cluding the changes we are experi- was the famous hurricane of 1938, sion here today, that part of the agree- encing in climate, because he is a great which did immense damage along our ment was left unaccomplished. expert on that. shoreline at a time when our shoreline Whether you are from a coastal State Does my friend want some time now? was far less developed than it is now. or whether you enjoy coastal products I would like to see if I can get us to the Between the 1930s, when that hurricane or visits, I would urge my colleagues, yeas and nays. took place, and now, the sea level at for the sake of the Senate being a place I yield the floor. the Newport tide gauge in Newport, RI, in which a bargain once struck is hon- The PRESIDING OFFICER. The Sen- has actually climbed 10 inches. So ored, that we owe a vote strongly in ator from Rhode Island. when the next hurricane of 1938 support of the authorization—and this Mr. WHITEHOUSE. Madam Presi- comes—or perhaps even a bigger one, is only an authorization, no funding dent, while the chairman goes about as our current experience of storms whatsoever—of a national endowment the parliamentary task of organizing a would seem to suggest is possible—it for the oceans that will allow coastal sufficient second on the national en- will be driving a higher ocean against and Great Lakes States to at least be dowment bill, I do wish to describe the shore and probably not just 10 able to compete for funding to be ob- some of the changes our coastal and inches higher, because a storm surge tained later through existing struc- Great Lakes States are seeing and need will stack that 10-inch increase as it tures—no new bureaucracies—so we to deal with. crashes against our Rhode Island can do what we need to do to protect Probably the most obvious of all are shores, and that can be a game chang- our coastal economies. the storms we have been seeing—the er. I thank the chairman. unprecedented and extreme storms we States such as Rhode Island have to Mrs. BOXER. Retaining my time, I have been seeing—along our coasts. do a lot of work to reconfigure where would like to ask through the Chair if Whether it was Hurricane Katrina or the so-called velocity zones are, where Senator WHITEHOUSE has to actually Superstorm Sandy, we have seen un- it is safe to build or not safe to build, send his amendment to the desk and precedented damage done at the merg- what is actually now vulnerable in a ask for the yeas and nays. Because, if er of land and sea, where driven by 100-year flood or a 500-year flood as so, I think it would be an appropriate these powerful storms the sea can things change along our coasts. That is time to do that since we intend to vote wreak such havoc on the land. But it something that is a little hard to de- at 2 p.m. goes well beyond the damage of ex- bate. It is actually a measurement. It The PRESIDING OFFICER. It can be treme storms. If we go out into the is a measurement of 10 inches on a tide offered at this time. Gulf of Maine, we can see the cod gauge. This is not some theory. This is Mr. WHITEHOUSE. If I may seek rec- catch, which is a historic fishery going what has happened. That water lying ognition. back centuries, has now collapsed to out there 10 inches higher is a terrific The PRESIDING OFFICER. The Sen- the point where the Draconian meas- risk to our State and something we ator from Rhode Island. ures that must be applied to that fish- have to prepare for. Given the way AMENDMENT NO. 803 TO AMENDMENT NO. 799 ery actually risk extinguishing the State budgets are, we would like to be (Purpose: To create the National Endowment fishing industry for cod in some of our able to compete, once we have found for the Oceans to promote the protection Northeastern States. some Federal funding, for the ability to and conservation of United States ocean, We can move down the coast to the figure things out so investors and peo- coastal, and Great Lakes ecosystems) Carolinas, where highway departments ple living along coastal communities Mr. WHITEHOUSE. At the Chair- are raising the bridges out to the Outer can have a solid and fact-based appre- man’s suggestion, and with her permis- Banks in order to prepare for higher ciation of what the risks are to them sion, I ask unanimous consent that my seas and stronger storm surges. We can from this worsening condition of amendment be called up. go further south, to the Florida coast, stronger storms and higher measured The PRESIDING OFFICER. The where in some parts of that ocean—the sea levels. clerk will report the amendment. Caribbean ocean nearby—as little as 10 Another Rhode Island-specific exam- The legislative clerk read as follows: percent of the coral remains alive. ple is the winter flounder. The winter The Senator from Rhode Island [Mr. That is actually a pretty big industry flounder is a major catch species in WHITEHOUSE], for himself, Mr. ROCKEFELLER, for Florida. I think they do 15 million Narragansett Bay—or at least it was. Mr. NELSON, Mr. BLUMENTHAL, and Ms. CANT- scuba dives a year for recreational pur- We can go back to the earliest Native WELL, proposes an amendment numbered 803 poses—15 million scuba dives—which American settlements and find winter to amendment No. 799. are not just economically valuable for flounder bones around the settlements. (The amendment is printed in the the dive boat owners and operators but For many years the winter flounder RECORD of Tuesday, May 7, 2013, under for the people who travel, who have was the biggest catch in Narragansett ‘‘Text of Amendments.’’) meals and who stay in hotels and buy Bay. I know a certain amount about it Mrs. BOXER. Does the Senator need equipment. They are not going to come because when my wife did her Ph.D. to ask for the yeas and nays or are the to do scuba diving there as much if the thesis, she studied the winter flounder yeas and nays ordered? famous Caribbean reefs and coral reefs in Narragansett Bay and what was hap- The PRESIDING OFFICER. The yeas off of Florida continue to die at the pening to it and how its life cycle and nays would have to be requested. rate they are. interacted with another bay creature Mr. WHITEHOUSE. I ask for the yeas We can go all the way across the called the sand shrimp—or the Crangon and nays, Madam President. country to the West Coast, where we septemspinosa, which is the technical The PRESIDING OFFICER. There is see the oyster fisheries in Washington name. In the time between when she not a sufficient second at this time. and Oregon threatened by the acidifica- wrote her thesis and now, the catch of Mrs. BOXER. Madam President, I am tion of the oceans. There have been winter flounder in Narragansett Bay very confused. Yesterday there was an oyster hatcheries that have had mas- has crashed more than 90 percent. It is agreement there would be a vote. What sive die-offs within the hatchery when no longer an active direct fishery in is my colleague’s understanding? acidified water from the sea welled up Narragansett Bay. OK, we just need to have some more and came into the intakes of these, in I can remember not that many years time. So I recommend the Senator stay many cases, multigenerational family ago, it doesn’t seem, driving over the on the floor so we can get a colleague operations and were too acidic to allow Jamestown Bridge or the Newport on the floor. That would be great. After the larval oysters to develop their Bridge or the Bristol Bridge and look- we do that, I am going to encourage shells, resulting in massive die-offs and ing down and seeing trawlers working my friend to take some time and go economic loss. the upper bay trawling for winter into why it is so critical we pay atten- I can tell two stories about my home flounder. We don’t see that any longer tion to the oceans of our country, what State of Rhode Island that are very because that fishery has crashed. is happening to the state of our oceans, current. In Rhode Island, the biggest It has crashed for two reasons. One is and what is happening to the quality of storm we have seen, worse even than the bay is warmer in the winter. I am

VerDate Mar 15 2010 04:26 May 09, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.017 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3224 CONGRESSIONAL RECORD — SENATE May 8, 2013 having a dispute with PolitiFact right that moving forward with a bipartisan to get this important language in- now, but I stand by my assertion it is WRDA bill is important for our com- cluded in the bill. 4 degrees warmer in the winter. They munities. As I mentioned, transparency and fis- think it is more like 3 degrees warmer As the ranking member of the Sub- cal responsibility are also important in the winter than it was 30 years ago. committee on Transportation and In- components to tackling the issues that Four degrees in water temperature frastructure, I believe we need to ad- need to be addressed with the Army may not seem like much to us humans, dress the issues facing the Army Corps Corps. That is why I offered language but we don’t live in that environment. and the country. Today we have prob- to create an Army Corps project de- If that is your environment, 4 degrees lems with aging infrastructure, with a authorization process. It is one that sends a signal to certain species they lack of transparency, and with fiscal mimics the Base Realignment and Clo- don’t belong there any longer and to accountability—all of which impact sure Commission—you know, the move to cooler waters. the public health, the safety, and the BRAC Commission—that the Depart- The other thing it has done is it has economic welfare of our communities. ment of Defense uses to close or re- allowed this other bay creature, the My staff and I have worked with our consolidate military bases. sand shrimp, to move in earlier to the colleagues on the full committee and Under my language, an independent bay when the larval winter flounders the subcommittee to create a bipar- commission appointed by the President are still small enough to be eaten by tisan product to address these con- would identify projects for deauthor- the sand shrimp. It used to be the sand cerns. We may have our differences on ization based on established criteria shrimp would come in and they would a number of the issues, but the bulk of and then submit those projects as one feed on the larval winter flounders, but what we have accomplished is about package for an up-or-down vote by the enough of them would get big enough protecting our States and protecting Congress. There are many of these soon enough that they got too big to our constituents, not about partisan projects that are on the books. They eat for the sand shrimp. In fact, as politics. are authorized for millions of dollars, they got bigger, they would turn For example, issues such as flood and they are going nowhere. The back- around and eat the sand shrimp. That mitigation are very important to my log of Army Corps projects is currently was the cycle of life. Now the sand State. In 1984 the town of Baggs, WY, about $60 billion according to the Na- shrimp come in earlier. There are fewer faced a major flood. The entire town tional Academy of Sciences. It is time winter flounder because of the tem- had to be evacuated, and there was for the Corps and Congress to clean the perature, and because they are getting over $1 million worth of damage done. books, cut the waste, and bring fiscal in earlier, it is a much more dangerous In mid-May of 2008, Baggs faced an- responsibility to the WRDA process. I am specifically thankful to Chair- environment because the larval winter other major potential flood. The Wyo- man BOXER and to Ranking Member flounder are smaller and remain prey ming National Guard was called in to VITTER and Subcommittee Chairman longer. So for all those reasons, there assist, as well as the Department of Homeland Security. At the request of BAUCUS for supporting my language. I goes what once was a very key fishery. am also grateful to my colleagues for These are just individual examples. the Department of Homeland Security, the bipartisan process under which this Every coastal State, every Great Lakes the Army Corps Sacramento office sent bill was considered. Our staffs worked State could come and have their Sen- an official who was able to oversee the well together. We put together a good ator give the same speech with at least reinforcement of existing berms and product. I specifically want to thank a two examples of things that are chang- the construction of new ones. This time Baggs did not need to be evacu- member of my staff, Brian Clifford, ing and making a dramatic difference who worked diligently on this process in the coasts. The phrase I use is: The ated and the damage was minimal. Baggs is not the only town in Wyo- and worked in a unified way. We see faster you drive, the better your head- the results in the Senate. lights need to be. These changes are ming to need assistance to protect itself from the threat of flooding. Pre- The bill unanimously passed the Sen- coming fast. Things that used to hap- ate Environment and Public Works dicting floods and being better pre- pen across centuries are happening in Committee. pared for them is a major component in decades; things that used to happen Although the bill is not perfect and over decades are happening in years. keeping Wyoming communities safe. there is always room for improvement, We need to have better headlights as That is why I proposed and successfully I believe we have achieved a com- we see these changes coming at us, and included language in this bill, with the promise, a solution that is substantive, the headlights are the science, the re- help of the chair and ranking member, effective, and in the public interest. search, the information, and the abil- for an authorization for Upper Missouri This is a product that will save lives, ity to do this kind of work. Basin flood and drought monitoring. will maintain the flow of commerce, I hope my colleagues, on the merits, This program will restore the stream and will protect communities for years will support my amendment. I hope gauges and snowpack monitors through to come. even if they do not particularly care, the Upper Missouri Basin at all ele- I yield the floor, and I suggest the ab- even if they are from an inland State vations. These gauges are used to mon- sence of a quorum. and don’t have a great interest, that itor snow depth and soil moisture, to The PRESIDING OFFICER. The simply in the interest of the spirit of help inform agencies such as the Corps clerk will call the roll. the Senate they will respect an agree- as to potential flooding and also The assistant legislative clerk pro- ment once it has been reached and will drought in the future. This type of ceeded to call the roll. make an effort to make sure agree- monitoring will protect communities Mr. COONS. I ask unanimous consent ments, when struck, aren’t broken and and save lives. The language is sup- that the order for the quorum call be that I will get my partisan support. ported by the Upper Missouri Water rescinded. With that, I yield the floor and sug- Association. The PRESIDING OFFICER. Without gest the absence of a quorum. I am also pleased that the language I objection, it is so ordered. The PRESIDING OFFICER. The have authored for technical assistance EDUCATION EQUALITY clerk will call the roll. to help rural communities comply with Mr. COONS. Madam President, as the The legislative clerk proceeded to environmental regulations was in- son and grandson of classroom teach- call the roll. cluded in the bill. Rural communities ers, as a father myself, as someone for Mr. BARRASSO. Madam President, I often do not have the expertise or the whom education played a central role ask unanimous consent that the order funding to make important upgrades to in my life, and as a passionate believer for the quorum call be rescinded. their water systems. Dedicated profes- in the power of education to change The PRESIDING OFFICER. Without sionals, such as the folks at the Wyo- others’ lives, I rise today to talk about objection, it is so ordered. ming Rural Water Association, use this a bill that is one of the most important Mr. BARRASSO. Madam President, I funding to go into these communities to me that I have moved as a Senator. rise today in support of the 2013 Water and provide the critical assistance they The fact is if we look at the Amer- Resources Development Act, or WRDA. need. I thank Subcommittee Chairman ican national condition, the lack of ac- I agree with my colleagues who believe BAUCUS for his help in working with me cess to higher education as well as the

VerDate Mar 15 2010 00:17 May 09, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.022 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3225 lack of an opportunity for a quality the country, was to hold up a mirror to the future of higher education we want education is one of the greatest prob- young people of their future that was a to pull them toward from their earliest lems we face. Inequality in having brighter and more promising future years. some real hope, some real promise of a than they had ever dreamed of on their Instead of forcing motivated parents shot at college defines and distin- own. They were challenged to walk or concerned teachers or interested guishes the drivers of social inequality through that open door and make col- mentors or empowered students—in- in America in ways it has not in dec- lege not just a distant dream, not stead of forcing all of these folks to ades. If we want to ensure going for- something they heard of or watched on track down these different resources ward that American workers can com- TV, but something that became a part separately, this legislation, this idea pete in the global economy, if we want of their lived life, and to change their would connect them across existing to ensure a country that is capable of outcomes. silos and across existing education pro- living up to our promise of liberty and That experience has inspired the bill grams at the State and Federal level. justice for all, if we want to deal with I introduced in the last Congress, and I So tomorrow Senator RUBIO and I one of the biggest civil rights issues in am most personally connected to in will reintroduce this legislation as the our country, then we have to ensure this Congress. bipartisan American Dream Accounts every child has an equal chance for Last year I found a Republican part- Act of 2013. We are working hard to high-quality education regardless of ner who shares my passion for expand- earn the support of our colleagues in the ZIP Code they are born into. ing access to college and for making it the Senate and in the House, and I will Long before I was elected to public more affordable. That partner is Sen- keep at this for as long as it takes. office, I spent years working with a ator MARCO RUBIO of Florida. Some The American Dream Accounts Act nonprofit education center called ‘‘I folks have noticed that here in the addresses the longstanding challenges Have A Dream’’ Foundation. In my role Senate we don’t always get along and and barriers to college access: there, I visited schools all over the we don’t always agree and sometimes connectivity, financial resources, early United States. More often than not, partisanship divides us. I have been intervention, and portability. Let me these were schools in very tough com- very pleased to have this strong and briefly speak to each of those. munities and neighborhoods, schools able partner in moving forward a bipar- First, connectivity. The journey from that were in public housing develop- tisan bill which we named the Amer- elementary school, to high school, to ments or that were in some of the most ican Dream Accounts Act. This is a bill higher education is a long one, and for forlorn and troubled neighborhoods in that bridges the opportunity gap by a student to be successful it takes lots all of America. connecting students, teachers, parents, of engaged and attentive adults—moti- What struck me over and over when and mentors to create a new genera- vated parents, concerned teachers, sup- I would go into an elementary school tion of higher education achievers. portive family. So many students in and talk to a group of young kids and There are too many American kids our schools all over this country dis- ask: What do you dream of? What do today who are cut off from the enor- engage or drop out along the way be- you hope to be when you grow up? mous potential of a higher education. cause they are not connected, they are They would raise their hands, and none The numbers are grim. If someone not supported by those concerned and of them said: I dream of being in a comes from a low-income family, the engaged adults. The American Dream gang; I dream of being in jail; I dream chance that student will complete a Accounts Act takes advantage of mod- of being a drug dealer; I dream of dying college degree by the time that person ern technology to create Facebook-in- before I turn 20. They would say: I turns 25 is about 1 in 10 at best. spired individualized accounts—an op- dream of being a Senator or a lawyer In order to have the prospect of em- portunity to deliver personalized hubs or owning my own business or being a ployment and opportunity of accumu- of information that would connect star in the NBA or being a success. The lating wealth and providing an edu- these kids and sustain and support dreams we hear from kids in elemen- cation and security for our family and them throughout the entire journey of tary schools are the same regardless of kids, a college education is essential education by continuing to remind the community in America. Yet the these days. We in the Federal Govern- them of the promise of higher edu- outcomes are so desperately different. ment spend billions of dollars on mak- cation and its affordability. What I saw in the nearly 20 years I ing higher education affordable Second, these dream accounts would was active with the ‘‘I Have A Dream’’ through Pell grants, yet do almost connect kids with college savings op- Foundation was that the young people nothing to make it clear to children at portunities. Studies show that students who came from a community, family, the earliest age that this funding will who know there is a dedicated college or school where there was little or no be available to them. savings account in their name are experience or expectation of a college In my home State of Delaware, our seven times more likely to go to col- education sent a powerful, persistent, Governor Jack Markell and our first lege than peers without one. Think and negative message at a very early lady Carla Markell have done a won- about that for a moment. States such age—that college is not for them. They derful job of incorporating the power of as Delaware and our Nation invest bil- are told indirectly that it is not afford- this insight and lesson. They are ensur- lions of dollars in programs to make able, it is not accessible, it is not part ing there is a State-funded scholarship higher education affordable. Yet so few of the plan for their future. Those mes- and network of engaged mentors and of the kids I have worked with all over sages have a cumulative, powerful, and real reform in our public schools. We this country in the ‘‘I Have a Dream’’ consequential impact. don’t tell kids, even in our State, in el- program have any idea. They have Very few of the 50 ‘‘Dreamers’’ from ementary school of the possibilities never heard of Senator Pell. They don’t the east side of Wilmington that my that lie ahead of them in a way that know Pell grants exist. They don’t live family and I worked very closely with changes their expectations. That is in States that have the HOPE scholars, had any expectation of a college edu- what this bill will hopefully do. It en- the Aspire scholars, or the Dream cation. In 1988 when our chapter of ‘‘I courages partnerships between schools scholarships that a number of States Have A Dream’’ Foundation promised and colleges, nonprofits and businesses. have, and they don’t know they will be them the opportunity for a higher edu- It allows them to develop individual- there for them when they are of age to cation through a scholarship, we could ized student accounts, such as their go to college. Why don’t we tell them see the change. First we saw the Facebook account, married to a college early? Why don’t we change their ex- change in their teachers and parents, savings account; individual accounts pectations? That is one of the things then in their mentors and classmates, that are secure, Web-based, personal, this program would do. And it is not a and ultimately we saw it in them. We and portable; accounts that contain in- new idea; it is a demonstrated one that saw a change in their hopes and their formation about each student’s aca- we know works. expectations. demic preparedness and financial lit- The third piece of this American The most powerful thing the ‘‘I Have eracy. It is something that combines a Dream Accounts Act is early interven- A Dream’’ Foundation did in our chap- portfolio of their entire education ex- tion. As I said, States and Federal pro- ter, and in dozens of chapters around perience with the very real savings for grams that provide billions of dollars

VerDate Mar 15 2010 00:17 May 09, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.026 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3226 CONGRESSIONAL RECORD — SENATE May 8, 2013 in support to make college affordable All of these different resources cur- the vaccines they are supposed to get. don’t connect with kids early enough. rently exist in different ways and at The impacts of the sequester are be- By letting them know early, we can different stages of education, but they coming stronger and broader and more change their ultimate orientation and are not connected in a way that weaves negative all across our country. outcomes. together students, parents, mentors, The sequester exists because of a The last important piece is port- and the resources of our highly moti- lack of political will to come together ability. One of the things I saw in my vated, highly engaged State. and resolve a fundamentally different own experience with my Dreamers, the So this vision—one that has stayed vision between the Senate and the students in the ‘‘I Have a Dream’’ pro- with me from my time at ‘‘I Have a House enacted in our respective budg- gram I helped to run in Delaware, was Dream’’ to my service here as a Sen- ets. This sequester exists because we just how often they moved. Children ator—is that when we ask a roomful of haven’t come together across the growing up in poverty, in families fac- elementary school kids in the future, House and the Senate in the way that ing unexpected challenges, relocate ‘‘What do you dream of, what is your for 200 years and more this Congress over and over and bounce from school hope,’’ when their hands shoot up in has done. When we pass a bill and when to school, district to district, often fac- the air and they list all of the different the House passes a bill, it is supposed ing overstretched teachers with full dreams they have, regardless of back- to go to conference or reconciliation, classrooms who, when they move mid- ground or income or community, we resolution, and ultimately passage. year into a new school, don’t get any can make that possible. We can make Here is our chance. background information or insight on our investments real, and we can make Why would Republicans actively keep the student who has moved into their the dream of equal opportunity a re- us from going to conference to finalize classroom. So instead of being wel- ality. a budget, especially after years of com- comed and engaged in a positive way, This year, with the support of lots of ing to this floor and giving speeches, sometimes they feel and are discon- groups, including the Corporation for claiming over and over how terrible it nected and develop into discipline Enterprise Development, a wonderful was that we would not pass a budget in problems or students who are difficult group called Opportunity Nation, the the Senate? Americans are tired of this to teach. The mobility that comes with First Focus Campaign for Children, we dysfunction. In my view, today Repub- poverty sometimes also leads to dis- are hopeful that bipartisan support for licans are manufacturing a crisis by connection from education. this American dream accounts idea preventing the Senate and House from This robust, online, secure, individ- will simply continue to grow. Let’s coming together to reconcile our budg- ualized account would empower teach- work together to empower students ets in conference. and parents of all backgrounds to ers to connect with parents, to connect As I said, I am a member of the Budg- achieve their dreams from the earliest with mentors, and to know the entire et Committee, and I can say with some age. education history of the student newly detailed knowledge, as can the Pre- THE BUDGET before them. So no matter what disrup- siding Officer, that there are real dif- Madam President, I rise today to tions or challenges a student might ferences between the budget adopted speak about our current impasse over face as they travel through the long here in the Senate and the budget the progress of the Federal budget. I journey of education, their own indi- adopted in the House. I believe the have been a Senator for just a little vidual American dream act—their own Democratic budget promotes growth over 2 years. I have presided over this portfolio of their dreams and their ac- and the Republican budget focuses on Chamber a great deal, as has the Sen- tivities and their progress—would be cuts. I believe ours prioritizes the mid- ator now presiding. I have listened to there with them. dle class while the other prioritizes Our Nation’s long-term economic dozens of speeches from colleagues—in more tax cuts for the wealthiest. In my competitiveness requires a highly particular, Republican colleagues— view, ours prioritizes balance; the trained and highly educated workforce, upset that this Chamber and the Budg- other, politics. I think our budget puts and our Nation’s commitment to a de- et Committee on which I serve hadn’t us on the path toward job creation mocracy and to a country of equal op- passed a budget in several years. But while the other takes a path to aus- portunity demands that we do every- this year we passed a budget, finally. terity. But we will never reconcile thing we can to make real the hope of We went through the long and grinding these two budgets, achieve a shared higher education for kids no matter process known here in Washington as path forward, and set aside this ter- the ZIP Code into which they are born, vote-arama where we considered, de- rible sequester if we don’t go to con- no matter their background. While we bated, and disposed of over 100 amend- ference. spend billions on making higher edu- ments over hours and hours of delibera- Reconciling these two budgets is the cation affordable, we aren’t delivering tion and debate and voting on this definition of what I have heard Member it effectively enough to change that fu- floor, and we passed a budget. after Member come to the floor and ture. What I saw in my years with the It has been 46 days since the Senate call for, what we have heard here in the ‘‘I Have a Dream’’ program was bright passed our budget, but we still need to Senate called regular order—the proc- faces, raised arms, hope, and oppor- reconcile it with the House of Rep- ess set out by the Founders of this Na- tunity that sadly was not as often as it resentatives’ budget for it to become a tion and to which we should return. could be realized. This program, this forceful resolution, a budget resolution connectivity, this new type of account that drives the decisions of the Con- These political games, in my view, is a way to make real on that promise. gress. It is important we do that be- are destroying this institution. I think We can meet this challenge by con- cause it has been 66 days since the se- it is no wonder the opinion of the aver- necting students with a broad array of quester kicked in. age American across this country of higher education options, informing I know ‘‘sequester’’ is Washington- this institution simply sinks lower and them about them early, whether it is speak, but all of us as Senators are lower. vocational school or job training, com- hearing from our home States the very What is standing in the way of our munity college or 4-year universities. real, very human impact of these progress on this budget at this point is Not everyone is made for a 4-year high- across-the-board spending cuts that repeated Republican objections. It is er education degree. This would con- have begun to really bite. We hear my hope that they will step aside and nect kids with all of the different op- about potential furloughs of men and allow us to walk the corridor to the portunities for skill training and high- women who serve at Dover Air Force House, get to the conference table, and er education that are out there. It also Base. We hear about the tens of thou- resolve our budget differences. would support students as they iden- sands of children being kicked out of With that, I yield the floor and sug- tify the type of education best for needed Head Start Programs. We hear gest the absence of a quorum. them, the career they most want, and about the thousands of women not get- The PRESIDING OFFICER. The give them the tools to get there. ting the breast cancer screenings they clerk will call the roll. As I visit schools across my own need, and we hear about the hundreds The assistant legislative clerk pro- State of Delaware, one thing is clear: of thousands of children not getting ceeded to call the roll.

VerDate Mar 15 2010 00:17 May 09, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.027 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3227 Mrs. BOXER. Madam President, I ask that does not turn the WRDA bill into Senator BOXER and Senator VITTER unanimous consent that the order for a gun bill. It is not necessary. It is not have a number of other people wanting the quorum call be rescinded. appropriate. The fact is, there is noth- to offer amendments today, so if you The PRESIDING OFFICER. Without ing in the amendment that would stop have amendments, talk to the man- objection, it is so ordered. people from carrying guns onto critical agers of the bill. AMENDMENT NO. 805 water infrastructure. It sets up a na- Mrs. BOXER. Mr. President, I move Mrs. BOXER. Madam President, I ask tional security threat. It endangers to reconsider the vote. unanimous consent to have up to 5 people. Mr. CARDIN. I move to lay that mo- minutes to speak before the vote. Am I I just want to be clear: I am not tion on the table. correct in assuming the vote is at 2 going to allow a bill to move forward The motion to lay on the table was o’clock? that endangers the lives of the people I agreed to. The PRESIDING OFFICER. The Sen- represent. I owe them a lot more than Mrs. BOXER. I ask for the yeas and ator is correct. that, let alone the entire country. We nays on the Whitehouse amendment Without objection, it is so ordered. all serve this Nation. and urge its passage. Mrs. BOXER. Thank you very much, So I hope we will not pass this The PRESIDING OFFICER. Is there a Madam President. amendment. I ask for a ‘‘no’’ vote on sufficient second? I wish to again let Senators know the Coburn amendment. There is a sufficient second. where we are. At 2 o’clock, we will be With that, I yield the floor. The yeas and nays were ordered. voting on a gun amendment. I would The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Under hope this gun amendment would not HEINRICH). All time is expired. The the previous order, there will now be 2 get the 60 votes required because I be- question is on agreeing to the Coburn minutes of debate equally divided prior lieve it is dangerous. Even though Sen- Amendment No. 805. to a vote in relation to amendment No. ator COBURN says it would not allow Mr. REID. Mr. President, I ask for 803 offered by the Senator from Rhode guns to be carried on critical infra- the yeas and nays. Island, Mr. WHITEHOUSE. structure such as dams and locks and The PRESIDING OFFICER. Is there a The Senator from Rhode Island. reservoirs, we now have two studies sufficient second? Mr. WHITEHOUSE. Mr. President that say, in fact, it would allow that. There is a sufficient second. and colleagues, if I could have my col- According to the Bush administra- The clerk will call the roll. leagues’ attention for a moment, I tion, this critical water infrastructure The bill clerk called the roll. would appreciate it. This is a measure is a target for terrorists. We are now Mr. DURBIN. I announce that the that this body has voted on before in a entering into a stage when our leaders Senator from New Jersey (Mr. LAUTEN- strong bipartisan vote. This was part of are talking about homegrown terror, BERG) is necessarily absent. the RESTORE Act, which was a part of and we do not have to look too much The PRESIDING OFFICER. Are there the highway bill. further than Boston to understand this any other Senators in the Chamber de- For reasons that don’t merit further is a problem. siring to vote? discussion now, this piece of it fell out Why would we want to have on a The result was announced—yeas 56, of the bargain that had been reached at water infrastructure bill an amend- nays 43, as follows: the last minute in conference. ment that allows people to come in [Rollcall Vote No. 115 Leg.] I hope this will be a bipartisan vote with guns and go right to the heart of YEAS—56 with support on both sides. If you sup- those critical water infrastructure Alexander Fischer McConnell ported the RESTORE Act, you have al- projects—those dams, those reservoirs, Ayotte Flake Moran ready supported this bill. If you believe those locks, et cetera—particularly Barrasso Graham Murkowski that deals should be deals in the Sen- Baucus Grassley Paul since the corps already allows, for rec- Begich Hagan Portman ate, then you should support this bill. reational use, the use of guns for hunt- Blunt Hatch Pryor For all of us in coastal States who are ing, target practice or fishing. That is Boozman Heinrich Risch facing very unique pressures, it is very Burr Heitkamp Roberts already allowed. Chambliss Heller important that we as a body support Rubio There are rules. This is not com- Coats Hoeven Scott this bill. Coburn Inhofe parable to the National Park Service. Sessions It does not create a single extra bu- Cochran Isakson We could get into another debate on Collins Johanns Shaheen reaucracy or person. It works within that. That one—I know some people Corker Johnson (WI) Shelby the existing government, and it adds here voted for that, to allow extensive Cornyn King Tester no funding. I am going to have to work Thune guns being carried on parkland. That Crapo Landrieu with all of you to find funding for it Cruz Lee Toomey change was made. The corps is a dif- Donnelly Manchin Vitter later and within our existing budget ferent situation. The Park Service act Enzi McCain Wicker constraints. like police. They can come in. They NAYS—43 This is just the authorization. Please can quell a disturbance. They are give me a strong bipartisan vote. Baldwin Harkin Reed armed. They are trained. The corps is Bennet Hirono Reid The PRESIDING OFFICER. The time not a law enforcement entity. That Blumenthal Johnson (SD) Rockefeller of the Senator has expired. means what they would have to do, if Boxer Kaine Sanders Who yields time in opposition? Brown Kirk Schatz there was a violent outburst, is call the Cantwell Klobuchar Mrs. BOXER. Mr. President, a par- Schumer liamentary inquiry. local governments, the State govern- Cardin Leahy Stabenow ments, and we do not know how long it Carper Levin Udall (CO) The PRESIDING OFFICER. The Sen- Casey McCaskill would take to have those law enforce- Udall (NM) ator from California. Coons Menendez Warner ment people arrive at such a situation. Cowan Merkley Mrs. BOXER. I understand there are Warren So I am pleading with my colleagues, Durbin Mikulski some asking for a voice vote. Would Whitehouse this is a water infrastructure bill. This Feinstein Murphy that be all right with Senator WHITE- Franken Murray Wyden HOUSE is not a gun bill. This is not the place Gillibrand Nelson ? to add these types of amendments. We The PRESIDING OFFICER. It would have a very bipartisan bill. It is sup- NOT VOTING—1 require unanimous consent. ported by the chamber of commerce, it Lautenberg Mrs. BOXER. All right. I think we is supported by the unions, it is sup- The PRESIDING OFFICER. Under should go on with the vote then. ported by local governments, by the the previous order requiring 60 votes The PRESIDING OFFICER. If there Governors Association. I could go on for the adoption of this amendment, is no further debate, the question is on and on. There is a list of literally 150 the amendment is rejected. agreeing to the amendment No. 803 of- organizations. It came out of the com- The majority leader. fered by the Senator from Rhode Is- mittee with a bipartisan vote. Mr. REID. One of the three scheduled land, Mr. WHITEHOUSE. I hope when the clock strikes 2 we votes has been withdrawn, an amend- The clerk will call the roll. can have a vote that keeps us on track, ment, so we only have one more vote. The legislative clerk called the roll.

VerDate Mar 15 2010 00:17 May 09, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.029 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3228 CONGRESSIONAL RECORD — SENATE May 8, 2013 Mr. DURBIN. I announce that the Without objection, it is so ordered. I also know the only way we are Senator from New Jersey (Mr. LAUTEN- Mrs. BOXER. Mr. President, we are going to get this issue resolved is if BERG) is necessarily absent. well on our way to getting this bill both sides are willing to meet each The PRESIDING OFFICER. Are there done, I hope. The Whitehouse amend- other in the middle. This is a problem any other Senators in the Chamber de- ment was one that was overwhelmingly that cannot be solved by continuing to siring to vote? supported. I hope that will set the tone cut back on discretionary spending. It The result was announced—yeas 67, for this particular bill; that we will will require, yes, more revenues, and it nays 32, as follows: come forward together; that we will will require entitlement reform. Those [Rollcall Vote No. 116 Leg.] not have contentious issues that divide are issues where, unfortunately, in YEAS—67 us and divide the American people on a many ways our parties have not found Ayotte Hagan Murray bill that is so motherhood and apple agreement. Baldwin Harkin Nelson pie as this one is, which is to make We have all agreed as well at least Baucus Heinrich Pryor sure our ports are dredged, that our that, while we do not have to solve this Begich Heitkamp Reed problem overnight, we need at least $4 Bennet Hirono Reid flood control projects are done, that Blumenthal Isakson Rockefeller our environmental restoration of wet- trillion in debt reduction over the next Boxer Johanns Sanders lands is done. It is a very simple, 10 years. The good thing is, while we Brown Johnson (SD) Schatz have been lurching from budget crisis Cantwell Kaine straightforward bill. Schumer Cardin King ORDER OF PROCEDURE to budget crisis, we have gotten half- Sessions Carper Kirk I further ask unanimous consent that way to our goal. The good news as well Casey Klobuchar Shaheen Shelby immediately following my remarks is that this year both the Senate and Chambliss Landrieu the House adopted budget resolutions. Cochran Leahy Stabenow here Senator WHITEHOUSE be recog- Collins Levin Tester As I said on the floor in March, I be- Udall (CO) nized for up to 5 minutes to thank the Coons Manchin Senate for this vote—I know he has lieve the Senate budget was a solid Cowan McCain Udall (NM) first chapter toward producing a bal- Donnelly McCaskill Warner worked exceedingly hard on this—and Durbin Menendez Warren then there be a period of morning busi- anced fiscal plan for our country. My Feinstein Merkley Whitehouse ness for up to 30 minutes, with each vote for the Senate budget—and it was Franken Mikulski Wicker Senator allowed to speak for up to 10 not a budget on which I would agree Gillibrand Murkowski Wyden with every component part—was a vote Graham Murphy minutes. The PRESIDING OFFICER. Is there for progress, a vote for regular order, NAYS—32 regular order that so many of my dis- Alexander Enzi Moran objection? Without objection, it is so ordered. tinguished colleagues who served here Barrasso Fischer Paul much longer than I say is the glue that Blunt Flake Portman Under the previous order, amend- Boozman Grassley Risch ment No. 799, as amended, is agreed to holds this institution together. Burr Hatch It has now been 46 days since the Roberts and is considered original text for the Coats Heller Rubio Senate passed its budget. Unfortu- Coburn Hoeven purposes of further amendment. Scott nately, there are certain colleagues on Corker Inhofe Thune The Senator from Rhode Island. Cornyn Johnson (WI) the other side of the aisle who seem to Toomey Mr. WHITEHOUSE. Mr. President, I Crapo Lee block our ability to go to conference. Vitter appreciate the chairman’s leadership Cruz McConnell In a few minutes—just 2 minutes—I and her offer of 5 minutes of time. I NOT VOTING—1 will ask my colleagues to agree to au- will not need anything near that. I Lautenberg thorize the Chair to name a conference want to take this moment to extend to to the Budget Committee. Unfortu- The PRESIDING OFFICER. The 60- all of my colleagues a very heartfelt nately, I expect that request to be ob- vote threshold having been achieved, thank you for that last vote. jected to. I find that extremely dis- the amendment is agreed to. I yield the floor. Mrs. BOXER. Mr. President, I move appointing. I can only speak at this to reconsider the vote and I move to f point for folks from Virginia, but no lay that motion on the table. MORNING BUSINESS single other issue is as overriding, as I The motion to lay on the table was travel across Virginia and I imagine for The PRESIDING OFFICER. Under agreed to. most of my colleagues as they travel the previous order, the Senate is in a CHANGE OF VOTE across their States. At the end of the period of morning business. The PRESIDING OFFICER. The Sen- day, Americans, Virginians, want us to The Senator from Virginia. ator from Utah. work together and get this issue Mr. HATCH. Mr. President, on roll- f solved. call vote 116, I voted ‘‘yea.’’ It was my We have seen, over the last 21⁄2 years, UNANIMOUS CONSENT REQUEST— as we have lurched from manufactured intention to vote ‘‘nay.’’ Therefore, I H. CON. RES. 25 ask unanimous consent that I be per- budget crisis to budget crisis, the ef- mitted to change my vote since it will Mr. WARNER. Mr. President, I rise fects on the stock market, on job cre- not affect the outcome. to make a few remarks and to make a ation, and our overall recovery. We The PRESIDING OFFICER. Without motion. Everyone in this body knows have a chance to put this behind us. We objection, it is so ordered. one of the issues, the issue I believe is need to find the kind of common (The foregoing tally has been most holding back our economic recov- ground between the House budget pro- changed to reflect the above order.) ery and most holding back our ability posal and the Senate budget proposal Mrs. BOXER. Mr. President, I have a to sort through so many issues our on which so many have called upon us unanimous consent request. I will country faces, is the issue of our debt to work. make it in a minute. and deficit. We are like $17 trillion in Again, I am going to make this mo- We are making good progress. We debt. The debt goes up over $4 billion tion in a moment. I want to add one have three amendments in order now: every night when we go to sleep. This last point. I appreciate some of the the Blunt amendment No. 800, Pryor problem is structural in nature. Time calls we have had from colleagues on amendment 806, and Inhofe amendment alone will not solve this issue. the Republican side over the last cou- No. 835. I ask they be the following In the last 4 years, my time in the ple of years for the Senate to pass a amendments in that order to be consid- Senate, there has been no issue on budget. I believed we needed to pass ered; further, that no second-degree which I have spent more time, spent that budget. Mr. President, 46 days ago, amendments be in order to these more effort trying to reach out. I un- after 100 amendments and a session amendments prior to votes in relation derstand many of my colleagues actu- that went until 5 o’clock in the morn- to the amendments. That is my re- ally try to avoid me in the hallways ing, we passed such a document. I quest. now because they fear they are going think it is time now that we allow the The PRESIDING OFFICER. Is there to get a Mark Warner harangue on the Senate to announce its conferees to objection? debt and deficit. meet with the House, to get a budget

VerDate Mar 15 2010 00:17 May 09, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.004 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3229 resolved for the United States of Amer- velopment, that I don’t believe, as a We know as part of the debt ceiling ica so we have a framework to make former business person, that America deal a bill was passed, signed by the sure we get this issue of debt and def- will be able to compete with the kind President so, arguably, even the claim icit behind us; that we allow the econ- of economic growth we need to main- of no Senate budget was inaccurate. omy to recover in a way that it needs. tain our economy. But taking that claim at its word, that Mr. President, I ask unanimous con- If we are going to avoid those kinds the Senate had not passed a budget in sent that the Senate proceed to consid- of Draconian cuts, if we are going to 4 years, you would think that, having eration of Calendar No. 33, H. Con. Res. have a rational business plan for our passed a budget, everyone would be ex- 25; that the amendment which is at the country, I think most of us, or at least cited and would be willing now to move desk, the text of S. Con. Res. 8, the an overwhelming majority of the Sen- forward to try to find a compromise for budget resolution passed by the Sen- ate, would recognize we have to gen- the good of the Nation. ate, be inserted in lieu thereof, and H. erate both some additional revenues Instead, what we have is an abuse of Con. Res. 25, as amended, be agreed to, and—while there may be some on my a Senate rule, an individual Senator the motion to reconsider be considered side who disagree—we have to find standing up—even though they had a made and laid upon the table; that the ways to reform entitlement programs chance to vote against a budget and to Senate insist on its amendment, re- to make sure Medicare and Social Se- vote on 100 amendments about a budg- quest a conference with the House on curity are going to be there 30 years et—they are utilizing and abusing a the disagreeing votes of the two from now. prerogative to block a budget con- Houses; and the Chair be authorized to The only way to get that done is to ference. appoint conferees on the part of the take the House product, which focuses For those listening to this who do Senate, all with no intervening action particularly on entitlement reform, not understand what a conference is, it or debate. combine it with the Senate product is exactly what it sounds like. We The PRESIDING OFFICER. Is there that makes reasonable increases in rev- passed a budget. The House passed a objection? enues and starts us on a path on budget. The next step in normal busi- Mr. MCCONNELL. Reserving the changes in some of our entitlement ness would be for the two budgets to be right to object, I ask the Senator to programs but also puts in place a more put in a conference and House and Sen- modify his request so it not be in order reasonable and balanced approach on ate Members to sit down and, God for- for the Senate to consider a conference cuts. The only way we are going to get bid, listen to one another and dialog report that includes tax increases or to that finish line, particularly for and hopefully find compromise. reconciliation instructions to increase those who have advocated for regular That is all we are asking to do, to taxes or raise the debt limit. order, is to have a conference. have a process of listening and com- The PRESIDING OFFICER. The Sen- It is with great distress that we promise. Yet individual Senators are ator from Washington. heard opposition raised to regular objecting, blocking even the oppor- Mrs. MURRAY. Mr. President, re- order, an appeal for regular order, an tunity to have this discussion. In the 4 serving the right to object, I point out appeal that was made consistently for months I have been in this body we what the Senator requests is for us to the past 21⁄2 years. I don’t understand have had two major budgetary issues redo the budget debate where those why my colleagues on the other side and I think it is important to point amendments were considered and de- will not take yes for an answer. They them both out. The first was the issue feated in the Senate, and it is now up asked for us to pass a budget. We surrounding the sequester, a designed to us to go to conference to work out passed that budget. I think it is a good regimen of nonstrategic, stupid, across- our differences with the House. There first step in the process and I hope in the-board budget cuts that were never is no need to go back through another the coming days there will be a change supposed to go into place. In late Feb- 50 hours of debate and 100-plus amend- of heart, that the regular order will be ruary this body developed a plan that ments to be considered. This body allowed to proceed, conferees will be was able to attain more than 50 votes, needs to go to work. We have been told named for both the House and Senate, to turn off the sequester, to avoid the time and time again we need a budget, and that we can reach agreement on harm to the economy and other key as- we need a solution. We do not need to this issue that I think is important, pects of the military, and to do it and manage by crisis. There is no need to not only to the future of our economy find first year savings. That proposal relitigate the budget on this side. We but quite honestly now has taken on was able to get more than 50 votes in need to go to conference and litigate the metaphor for whether institutions this body. It had sufficient votes to our differences with the House Repub- can actually function in the 21st cen- pass. But the minority chose to invoke licans. tury. the paper filibuster process to block it I object to the Senator’s request and I see my good friend, the Senator from passing. They were not required urge we move to conference and allow from Virginia, who may want to add to. Fifty votes is normally enough for the request of the Senator from Vir- some comments to this discussion. something to pass. We could have ginia, Senator WARNER, to go forward. The PRESIDING OFFICER. The Sen- avoided the filibuster altogether. We The PRESIDING OFFICER. Is there ator from Virginia. could have avoided the sequester alto- objection to the request of the Senator Mr. KAINE. Mr. President, I rise in gether and the harmful cuts. Yet the from Virginia? support of the motion of Senator WAR- other side decided: We are going to in- Mr. MCCONNELL. I object. NER and his argument for budget com- voke the filibuster to block it from The PRESIDING OFFICER. Objec- promise and a budget conference that happening. That was the first instance tion is heard. would enable us to find that com- of an abuse of the Senate rules to pro- The Senator from Virginia. promise for the Nation. During my ceed with normal budgetary order. Mr. WARNER. Mr. President, while it campaign for the Senate I heard this Now we are in the second such in- is not unexpected, I am disappointed. over and over. Every time I would turn stance. On March 23, this body passed a The nub of this issue, as commentators on the TV it seemed there would be budget in accord with normal Senate from left to right, Democrat and Re- someone, even a colleague from this order, and as we have seen over the publican, pointed out, is if we are going body, arguing that the Senate had not past few days, the very group of people to avoid the path we are on, the path of passed a budget in 2 years or 3 years or who criticize the Senate for not want- sequestration, which was set up to be 4 years. That was a point that was re- ing to pass a budget have done every- literally the worst possible option— peated over and over. Then, coming thing they can and pulled out every which right now is seeing cuts made in into this body, often sitting there in procedural mechanism they can come the most unsophisticated, unplanned, the presider’s chair, I have heard that up with to block the us from coming up and inefficient way possible, plans speech delivered from the floor of this with a budget. This is an abuse of that, if we continue on the path we are body in January and February, often rules, and it is directly contrary to the on, would so dramatically cut back with charts demonstrating the number Members’ claims—now for years—that this country’s investments in edu- of days it had been since the Senate they wanted to pass a budget. This is cation, infrastructure, research and de- passed a budget. not just a matter of budget nor is it a

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This also affects people who we need to go to regular order—are of 2011—in the aftermath of the discus- are trying to make a decision about now saying: No. No regular order, no sion about the debt ceiling limitation— whether they want to make the mili- budget, no process, no certainty, no the reason cited for the downgrade was tary a career, and they look at conclusion to this very important prob- not that the mechanics of the deal Congress’s unwillingness to provide lem on which we have all come to- were bad; instead, our credit was down- budgetary certainty so they may de- gether to work. This is disturbing for a graded because of the perception that cide maybe it is not the best thing to number of reasons, and my colleagues legislators were engaging in foolish be- do right now. have talked about it. havior and threatening to repudiate Whether it is our platform, whether We have constituents at home— American debt instead of focusing upon it is our readiness, whether it is our whether it is a business, a school, de- their jobs and trying to do the right planning or whether it is our people, livering Meals On Wheels, planning thing for the economy. this sequester and these budgetary their military operations for the next It was legislative gimmickry, not the challenges and crises are hurting our year, as well as the agricultural indus- details of the deal, that caused us to ability to defend our Nation at the try—wondering what their plan is for have a bond rating downgrade for the very time when the world is not get- the future. What they are being told— first time in the history of the United ting simpler or safer but it is getting now for the fourth time in a row—by States. It hurts the economy when we more challenging. the Republicans in the Senate is: We elevate legislative gimmickry above Many of my colleagues came from a are not going to give you any cer- doing the Nation’s business, especially joint session this morning with the tainty. We like to live with uncer- on matters such as the budget. President of South Korea, who is vis- tainty. There are some signs of economic iting at a time of incredible concern There is no doubt that moving to progress these days. The unemploy- because of Northern Korea’s nuclear conference is not going to be easy; ment rate is moving down, the stock ambitions that will call upon us, the solving this problem is not going to be market is moving up, the deficit pro- United States—just as with so many easy. I want our colleagues to know jections going forward are moving other challenges around the world—to what I have consistently heard from down, but we know we have a long way have a well-planned and well-financed the Democratic side is that we under- to go. There is more work to be done, defense of the Nation. stand the word ‘‘compromise.’’ We and finding a budget deal that address- I join Senator WARNER in expressing know that in order to solve this huge es the components which Senator WAR- disappointment. We passed this budget. problem, we have to come to the table NER mentioned is one of the factors We passed it 46 days ago. We were here and compromise and listen to the other that can create confidence to addition- until 5 in the morning. We voted on 100 side. ally accelerate the economy. amendments. Everyone had a chance to We cannot do this in the dead of A budget deal will provide an addi- have their say and have their vote. night. We cannot do it with a couple of tional acceleration to the economy. I Guess what. After our conference, they people sitting in a room. That has been have to ask the question: Is that what will have a chance to have their say done before, and it doesn’t work. We people are truly worried about? Are and vote again. They will have a need to have regular order, and we need they worried about doing the budget chance to express their opinions. to have this process out in the open. deal that will accelerate the economy I urge my colleagues to rethink their We need to have the American people because it might not work to their par- position and allow this budget to move hear what the different sides say, and ticular political advantage? That is the into conference so we can do the busi- then we are all going to have to take concern I have; otherwise, why ness of the United States of America. some tough votes. wouldn’t they be true to the cause they I thank the Presiding Officer and I can assure the American people have had for the past few years to actu- yield the floor. that on this side we understand what it ally have a conference and find a deal? The PRESIDING OFFICER (Mr. means to take tough votes and we un- This is not only hurting the econ- COONS). The Senator from Washington. derstand the word ‘‘compromise’’ and omy, this is hurting defense. The hear- Mrs. MURRAY. Mr. President, I wish the need to get our country back on ing I had earlier with Senator KING was to thank my budget colleagues who are track. the hearing of the Seapower Sub- here with me today. They have spent As the Senator from Virginia said, committee of Armed Services. In that many hours putting together a budget we need to show the country that de- hearing we talked about the effect on and coming to the floor with all of the mocracy can work. We are willing to the Nation’s security and on our de- Senate to work on over 100 amend- take that step to make it work, and I fense that is being visited upon us as ments way into the middle of the night urge our Republican colleagues to step we are going through budgetary chal- in order to get a budget passed. We are forward and allow us to make that lenges, including the sequester. all here ready because we came to the move. Do not object to us trying to We talked about the effect of the se- Senate—to this Congress—to solve solve problems because that is what is quester on what the witnesses called problems. We decided, as a committee happening. the platform, the shipbuilding, and the and as a Democratic caucus, it is very I urge our Republican colleagues— assets we need to keep us safe in a important we move forward on a budg- and the House as well—to move to con- challenging world. We talked about et. ference so we can have a debate and these budget crises and how they hurt We want to solve this problem so we discussion on this deeply urgent mat- our planning. Because instead of plan- can get back to regular order so our ter for our country. ning in a forward-looking way, we are country—businesses, communities, and I thank the Presiding Officer and tying up all of our planning time to everyone—knows where our priorities yield the floor. meet one self-imposed crisis after the are and what path we are on so we can The PRESIDING OFFICER. The Sen- next. We talked about the effect on bring some certainty to this country ator from Michigan. readiness. Because of the sequester, again. Ms. STABENOW. Mr. President, first, one-third of the air combat command It is so disappointing to me that four I wish to thank the chair of our Budget units in this country are standing down times now the Republicans have ob- Committee for doing such a terrific job at a time when we may well need them jected to us now taking the necessary in bringing us all together. I wish to today or tomorrow. next step, which is to work together thank my colleagues on the com- Finally, and most important, we with our House colleagues, find a com- mittee. We worked very hard together talked about the effect of this budg- promise, and move forward. We are in order to be able to put together a etary uncertainty on our people, working for certainty. It is dis- balanced budget that reflects the val- whether it is civilians being fur- appointing to me that those on the ues of the American people. It is fair

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.040 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3231 and balanced in values as well as in counting the days. That is not how we ticipate, such as people I know, in can- numbers, and we did that 46 days ago. want to spend our time. We would rath- cer research efforts that may save So we passed that 46 days ago after er spend our time listening to our col- lives. We know there is incredibly im- hearing for over 3 years about how the leagues in a respectful way about very portant research going on in science, in Senate had not passed a budget. By the different visions and very different val- medicine, in agriculture, including way, we did pass a law—this is a ca- ues so we can find a way—if we can—to food safety and pest and disease con- veat—called the Budget Control Act come together. We need to come to- trol and every area of research where which actually had done the same gether so we can tackle the last part of our country, the United States of thing as a budget. Those of us who were deficit reduction. America, has led the world. And that on the ballot this last time heard that We have gone about $2.5 trillion to- doesn’t show up in lines at the airport, over and over from our opponents. ward the $4 trillion that everyone says but it does show up in the future of our So I am stunned that we would now we need to do to begin to turn the cor- country. It does show up in the lives of be 46 days—and counting—into a situa- ner as it relates to the economy and someone who has Alzheimer’s or Par- tion where we have been trying to take the deficit. In order to get the rest of kinson’s disease or breast cancer or the budget we passed by a majority it, we need to sit down in a room to- other diseases where we are this close vote—by the way, this passed on a ma- gether and figure it out. to cures, where there is treatment jority vote. Each one of us ran for elec- We are going to continue to come to going on that can save lives—is saving tion, and we can win by one vote, and the floor and ask for an agreement. Un- lives—and it is stopping. that is the majority. Decisions are fortunately, if there is an objection, we We don’t see the seniors who get made by a majority vote. have to go through the whole process Meals On Wheels lining up. They are We went through 110 amendments. of trying to get it done. We are going getting one meal a day right now—one We were here all hours of the night. to keep pushing and pushing until we meal a day that allows them a little bit There were a lot of tired faces by the can get a budget done. of a visit from a volunteer and one time we got done, but we got it done, Why is this so important? It is very meal a day to eat through Meals On and we made the commitment we were important because in our bill we stop Wheels. Now, because of these irra- going to get a budget done. what everyone feels is a very crazy ap- tional cuts, we are told there are wait- The House did a budget—a very dif- proach to the final step in deficit re- ing lists for one meal a day. How do we ferent budget, no question about it. duction, which is to have across-the- have a waiting list for one meal a day? There is no question we have a very board—regardless of value, importance I don’t get that. different vision of the country. The or impact—cuts in the investments and So we are saying we want to fix the budget in the House eliminates Medi- in the discretionary budget of our airports; we appreciate that. We want care as an insurance plan. That is cer- country. to fix the one meal a day going to tainly not something I or the majority We know there needs to be spending somebody’s grandma who can’t figure here would support. We rejected that reductions. We have voted for them. We out what is going on in terms of the approach, but that was in their budget. have already put in place about $2.5 priorities of this country. The children They have a right to put forward their trillion in deficit reduction, and right who are getting a head start to be suc- vision for how things should be done. now about 70 percent of that has been cessful in school—how many times do There were many differences in val- in spending reductions. we all say: Education, the most impor- ues and perspectives, and that is what The concern that I have and that oth- tant thing; children, the most impor- the Democratic process is all about. So ers in the majority have is that most of tant thing. But because they don’t di- we passed a budget by a majority and those have fallen right in the laps of rectly have a voice here, as do a lot of they passed a budget by a majority. the middle class, our children, the fu- other special interest groups, who gets The next step is to negotiate and come ture through innovation, and seniors. cut first? Our budget values children up with a final budget. That is the next We have said in our budget: No more. and families, opportunity, innovation, step, and that is how the process No more. We have to look at an ap- fairness, and the ability to grow this works. We have different views, dif- proach that is balanced and that says economy, to create jobs so everyone ferent perspectives, and then we sit to those who are the wealthiest in our has the dignity of work. down in something called a conference country, who are the most blessed eco- We want to get to conference com- committee. nomically: You have to be a part of the mittee. We want to get about the busi- We cannot get to that next step. We solution in a significant way. ness of negotiating a final budget be- have had 46 days of trying to get to a We want to look at spending under cause we do not accept what is hap- point to get it done by working with the Tax Code. How many times do we pening right now without a budget. the House, and all we get is objection talk about special deals in the Tax Tackle the deficit, yes. Do it in a way after objection after objection. I appre- Code, things that don’t make sense in that works for growth in America and ciate that colleagues on the other side terms of spending, special deals that jobs, do it in a way that supports fami- of the aisle who have voted for similar support jobs going overseas rather than lies, that lifts our children, that re- budgets to the Ryan Republican budget keeping them here at home. There is spects our elders, yes. That is the budg- would have preferred if we would have spending in the Tax Code that needs to et we voted for in the Senate and the eliminated Medicare. We didn’t do be addressed so it is more fair for budget we want to see come to comple- that, and we are not going to do that. American businesses, for small busi- tion in this process. We can’t get there The majority here said we are put- nesses, for families, for the future of unless we can negotiate, and that is ting forward a budget that is going to the country. Our budget does that by what this whole discussion is about. move the country forward and address saying we are going to tackle spending It has been 46 days since we passed a the deficit and reflect the values in the Tax Code, we are going to tackle budget. We are ready to go. We are around education and innovation and the question of fairness in the code and more than ready to go. Let’s sit down outbuilding the competition in a global asking those who are the wealthiest in a room and work it out. We know it economy. We are putting forward our among us to contribute a little bit is a negotiation. We know we have to vision. The House has their vision, more to be able to help pay down this have give-and-take. But we are blocked which cuts innovation and cuts edu- deficit, not just cutting Meals On right now from even getting in the cation and does not allow us to build. Wheels or Head Start or cancer re- room, and that is wrong. We are going We have very different visions. The search, which is what is happening to keep coming every day, and we are Democracy we have says: We take both right now. going to keep counting the days until of those visions and then we sit down So the intensity we feel about get- our colleagues on the other side of the and try to figure something out. That ting this budget done is to be able to aisle decide they are willing to get in is the next step. stop the things happening now that are the room and get a budget done that We are not interested in just being on very harmful. We saw the lines at the works for the growth and the families the floor and counting the days, al- airports. We don’t as readily see the of our country. though we will be on the floor and lines of people who can no longer par- Thank you, Mr. President.

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.041 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3232 CONGRESSIONAL RECORD — SENATE May 8, 2013 The PRESIDING OFFICER. The Sen- obligation to the American people. I I don’t know what the outcome of the ator from Maine. believe there are areas of consensus negotiations would be. I am not sure I Mr. KING. Mr. President, this discus- and there are some areas in the House would like them. But I believe the real sion, this debate isn’t about budgets. It budget that I think are ideas worth task before us today is not budgets and is not about deficits. It is about gov- considering. deficits. The question before us is, Is erning. That is the fundamental ques- The American people simply want us this experiment in democracy that is tion that is before this body. It is to act. Sure, everybody in this body an aberration in world history, is it about governing. has different views, and they are par- still working? Are we able to make this I rise surprised and disappointed. I tisan views, but as somebody who was idea work in the 21st century and meet expected to come here and debate sent down here explicitly to try to the challenges of this country? It issues. Instead, we are debating debat- make the place work—I think that was seems to me the only way to begin that ing. We are having to argue and debate why I was elected as an Independent, process is to talk and debate and argue about the very act of getting to talk because people are so frustrated with and work through the process the about these issues. And the problem this warfare that they don’t under- Framers gave us in order to solve the with the economy of this country right stand and that doesn’t contribute to problems of the country. now, to my mind, is very largely at- the welfare of the country. I hope that before long we will reach tributable to the uncertainty about So I hope, from the point of view of a point where all of us can agree in this whether the government in Washington someone who sees values on both sides body that it is time to go to work on is competent. It is the uncertainty that and believes that the only way we are trying to bring a budget back to both is killing us. going to solve these problems is by dis- Houses that we can all support and A reporter asked me this last week in cussion and, yes, by compromise, that move this country forward. The act of Maine: What do you think you can do is what we move forward toward. That at least coming up with a solution—not in Washington to help us create jobs? is what we have to do in order to re- a perfect solution but a solution— My immediate answer was that the gain the confidence of the American would be the most important gift we most important thing we can do is pass people. could provide today to the people of a budget in a kind of rational process, We have a long way to go, but I be- this country. in the normal way it has been done for lieve that if we can move in a regular, Thank you, Mr. President. 200 years, and show the country we can orderly way to go to conference, which The PRESIDING OFFICER. The Re- govern. What is in the budget is less is what my civics book always told me publican whip. important than whether we can do it at we are supposed to do next—the House HEALTH CARE all. That is why I am so surprised and passes a bill, the Senate passes a bill, Mr. CORNYN. Mr. President, a few disappointed to have come to this im- they have differences, they go to con- weeks ago the chairman of the Senate passe where we can’t even get to the ference, they resolve the differences, Finance Committee, Senator BAUCUS of point of negotiating with the majority both Houses then vote, and it goes to Montana, warned that the President’s about the budget in the other body. It the President. That is the way the sys- premier domestic legislative accom- makes me wonder if the Members on tem was designed. If we could do that, plishment—ObamaCare—was turning the opposite side of the aisle in the almost regardless of what the content into a huge train wreck. Now, that is Senate lack so much confidence in of the budget is, that in itself would pretty remarkable for a number of rea- their colleagues in the House that they electrify the country. It would be so re- sons, one of which is that Senator BAU- don’t think they can hold the line on markable, and people would say: Oh, CUS was one of the principal authors of whatever issues they believe are impor- now they are finally doing something. ObamaCare. So his comments cannot tant. So I hope my colleagues on the other be dismissed as simply partisan rhet- These two budgets are very different, side will decide to engage, to allow the oric or politics as usual. but I think there are items of value in conference to go forward with Members A few days after he made those com- both, and I can see the outlines of a of both parties who go over to the ments, another important contributor compromise. We need deficit reduction. House and sit down and try to work to ObamaCare, Dr. Zeke Emanuel, We need to clean up the Tax Code. We something out. We all know what the brother of Rahm Emanuel, the Presi- need a tax rate reduction as part of issues are. We all know what the dent’s former Chief of Staff, acknowl- cleaning up the Tax Code. We need to amounts are. We all know what the edged that the massive uncertainty make investments in the future of this dollars are. generated by the health care law is al- country. But the idea that we can’t I believe that people who enter a ready causing insurance premiums to even get to talk—I, frankly, am per- room in good faith could solve this in go up. Here is the scary part: plexed. I don’t understand what the about an afternoon if they left their ObamaCare hasn’t actually been fully strategy is because when I was running ideological blinders at the door. I be- implemented and won’t be until next last year and when I was in Maine just lieve there are solutions to be had, and year, 2014. So when it does take effect last week, the single question I got we have a responsibility to find them. in 2014, we can expect insurance pre- more than anything else was, why in But today we can’t even begin to talk miums to continue to rise, particularly the heck can’t you people do something about it, and that is what is so puzzling for young people who are being asked down there—only they stated it a little to the American people. That is what is once again to subsidize their elders, less elegantly than I just did. Why puzzling to me. I don’t understand this time in the context of health care can’t you get anything done? what is wrong with debating, what is premiums. The question that was raised in the wrong with working on the problem. So much for the President’s promise hearing this morning was from people And to just say: Oh, well, we can’t do that the average family of four would in the street: We are having a hard it; the sequester is going to be with us, see a reduction in their insurance pre- time understanding what is happening and it is going to be with us for an- miums under his premier health care and why. other couple of years—I think that law by $2,500. That is right. If people Well, I am a U.S. Senator, and I am doesn’t meet our fundamental responsi- remember, the President said: If you having a hard time understanding what bility as people who came here to gov- like what you have, you can keep it, is happening and why. ern. which is proving not to be true as em- Budgeting is one of the most funda- We all know there was something ployers are going to be shedding the mental obligations of government. I passed last year about no budget, no employer-provided coverage and drop- was a Governor. I know about putting pay. Well, unfortunately, it only said ping their employees into the ex- budgets together. I know about making that if you pass a budget in the House, change. He also said the average family choices. It is not easy. It is not going they get it, and if you pass a budget— of four would see a reduction in their to be easy to make the choices required well, we have done that. It should have health care costs of $2,500. Neither one for this budget. It is going to be very been no budget that finally gets done, of these is proving to be true. difficult, but that is what we were sent no pay, because now we are just stuck It gets worse from there. According here to do. That is our job. That is our at an impasse. to a new study, there is a new tax that

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.046 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3233 was created by ObamaCare on insur- Since the President has taken office, problems in the past that might other- ance premiums. So we have to pay a he has raised taxes by $1.7 trillion al- wise disqualify them for work, but as tax on our insurance premiums too, ready. That includes the $620 billion I one employer told me: There is nothing which will reduce private sector em- just mentioned—but $1.7 trillion. His like a job to provide an opportunity for ployment anywhere from 146,000 jobs to policies have increased our national people to rehabilitate themselves and 262,000 jobs by the year 2022. And, of debt by $6.2 trillion. He has added an- get themselves on the right track. course, the majority of those jobs will other $518 billion worth of costly new Well, President Obama’s policies, in be in small businesses. It is not sur- regulations on the very people we are contrast to what we are seeing in prising, since small businesses are ac- depending on to create the jobs and Texas, seem to send the message that tually the engine of job creation in provide employment opportunities. only Washington knows how to revive America, that they will be dispropor- The consequence is the longest period our economy, and by raising taxes and tionately hit. of high unemployment since the Great spending more money we do not have To make matters worse, Obama- Depression. to boot. In other words, with all due re- Care’s looming employer regulations Now for some good news: Tomorrow are already prompting businesses to spect to my colleagues from the west the President is traveling to Texas, to coast, he favors the California model. lay off workers, to reduce their work- the city of Austin where my family and ing hours, and transform many full- Unfortunately, that model has not I live. According to Forbes magazine, worked too well for even our friends in time jobs into part-time jobs just so Austin is one of America’s 10 Best Cit- they can avoid the penalties and the California, and it will not work well for ies for Good Jobs. In fact, half of the the rest of America either. sanctions in ObamaCare for employers. top 10 Best Cities for Good Jobs in Last month alone the number of America include Dallas, Fort Worth, By comparison, in that laboratory of Americans doing part-time work ‘‘be- Houston, and San Antonio. So, yes, I democracy known as the State of cause their hours had been cut back or am bragging. But we must be doing Texas, our State has become a power- because they were unable to find a full- something right, and I hope the Presi- house for job creation, and it would go time job’’ increased by 278,000—more dent goes with an open mind to try to a long way to restoring the fiscal and than a quarter million Americans. In- learn what is the cause of the Texas economic health of the United States. deed, the total number of involuntary miracle when it comes to job creation Yes it would help those people who part-time workers was higher in April and economic growth. have been unemployed for 6 months or 2013 than it was in April 2012, just a Let me just point out that for 8 con- more, or even a shorter period of time, year before. secutive years Texas has been ranked find work that will help them regain So the message for President Obama as the best State for business by Chief their sense of dignity and productivity could not be any more obvious: His sig- Executive magazine. That explains why and allow them to provide for their nature domestic legislative initiative between 2002 and 2011 Texas accounted families, which is a goal I know we all is driving up health care costs, destroy- share. ing jobs, and damaging our economic for almost one-third of all private sec- tor job growth in America—one-third— recovery. That is why it is so impor- NOMINATION OF THOMAS PEREZ tant we repeal this law, which I will many of these in high-paying indus- tries. I know we like the claim about Mr. CORNYN. Mr. President, on an- grant the President his best intentions other matter—but it is an important but in practice has shown to be the op- being big, but we are only 8 percent of the population, and we accounted for matter—I want to share a few words posite of what he promised in so many and a few observations about the Presi- different instances. one-third of all of the U.S. private sec- tor job growth between 2002 and 2011. dent’s nominee to be the Secretary of But the consequences on long-term the Department of Labor, who is cur- unemployment are what most people Now, there is not a secret sauce or a rently serving in the Justice Depart- will feel; and that is the story of a very secret formula. It is pretty clear why ment. I am talking about Assistant At- human tragedy for many people, some we have enjoyed that sort of job torney General Thomas Perez. of whom have just simply given up growth in America, and it is something looking for work. In fact, the Bureau of I think the rest of the country could Of course, we know the Department Labor Statistics has something called learn. It is low taxes on the very people of Labor plays a very significant role the labor participation rate. You can we are depending upon to create jobs; in our economic policy and even U.S. search it on the Internet. Look under it is limited government; it is the be- immigration policy, which is a very ‘‘labor participation rate.’’ It will re- lief in the free enterprise system as the controversial topic that we are just veal that the percentage of Americans best pathway to achieve the American getting to take up tomorrow in the actually in the workforce and looking dream; and it is sensible regulations. Senate Judiciary Committee, of which for work is at a 30-year low. We also believe in taking advantage I am a member. of the abundant natural resources we What that means is some people have During his tenure at the Justice De- have in our State and using those re- simply given up. We all know the partment, Mr. Perez has been in charge sources to expand the domestic energy longer you are out of work, the harder of the Civil Rights Division, which in- supply, to bring down costs for con- it is to find a job because your skills cludes the Voting Section—obviously, sumers, and to create jobs in the proc- have gotten rusty. Others may, in fact, a very important responsibility, but be more qualified to get a job opening ess. I was recently in the Permian one that ought to eschew politics. Un- if one presents itself. fortunately, under his watch as head of I cannot imagine the pain and frus- Basin—that is the Midland-Odessa re- the Civil Rights Division and Voting tration felt by millions of Americans gion, as the Presiding Officer knows. Section, that section has compiled a who have been jobless for more than This is an area that since 1920 has been disturbing record of political discrimi- half a year. That is a long time. Unfor- one of the most prolific energy-pro- nation and selective enforcement of tunately, the President does not seem ducing regions of our State and the our laws—something antithetical to to have an answer to this unemploy- country. But because of new drilling what we consider to be one of the best ment crisis—and that is exactly what technology—horizontal drilling and it is—other than more taxes, after he fracking—it is anticipated that from things we have going for us in America, got $620 billion in January as a result this point forward that region will which is the rule of law: that all of us, of the fiscal cliff negotiations, the ex- produce as much as it has since 1920. no matter who we are, are subject to piration of temporary tax provisions. That is amazing. That is something we the same rules and play by those rules. The President seems to believe more ought to be very excited about, and it You do not have to take my word for spending—even after his failed stim- has created a lot of jobs. it—how the Voting Section and the ulus of a $1 trillion, which ratcheted up The nominal unemployment rate in Civil Rights Division have gotten dan- the debt even more—and more regula- the Permian Basin is about 3.2 percent. gerously off track under Mr. Perez’s tions is the answer to the unemploy- But employers will tell you they are leadership. The Department of Justice ment crisis: more taxes, more spend- hiring everybody they can get their inspector general published a 258-page ing, more regulations. hands on. Some of these folks have had report that said the Voting Section

VerDate Mar 15 2010 04:26 May 09, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.047 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3234 CONGRESSIONAL RECORD — SENATE May 8, 2013 under Mr. Perez’s leadership had be- The PRESIDING OFFICER. The Sen- be the central question before our com- come so politicized and so unpro- ator from Iowa. mittee today: Will Tom Perez be a good fessional that at times it became sim- f Secretary of Labor. The answer is un- ply dysfunctional, it could not function equivocally yes. Without question, he NOMINATION OF THOMAS PEREZ properly. has the knowledge and experience This 258-page report by the Depart- Mr. HARKIN. Mr. President, I come needed to guide this critically impor- ment of Justice inspector general cited to the floor today to express my deep tant agency. ‘‘deep ideological polarization,’’ which disappointment that once again Repub- Through his professional experiences, began under his predecessors and which lican obstructionism and procedural and especially his work as Secretary of has continued under Mr. Perez’s leader- tricks are preventing this body from the Maryland Department of Labor, Li- ship. The inspector general said this carrying out its constitutional duty censing and Regulation, he has devel- polarization ‘‘has at times been a sig- and responsibility, its obligation to oped strong policy expertise about the nificant impediment to the operation consider important Presidential nomi- many important issues for American of the Section and has exacerbated the nations. workers and businesses that come be- potential appearance of politicized de- This time the target is Mr. Tom fore the Department of Labor every cision-making.’’ Perez, the President’s extremely quali- day. He spearheaded major initiatives This is at the Department of Justice. fied nominee to be Secretary of Labor. on potentially controversial issues, So instead of upholding and enforcing The HELP Committee, which I chair, such as unemployment insurance re- all laws equally, the Department of was scheduled to vote on his nomina- form and worker misclassification, Justice, Civil Rights Division—the tion at 4 o’clock this afternoon. Obvi- while finding common ground between Voting Section—under Mr. Perez, has ously, we are not doing that. An anony- workers and businesses to build sen- launched politically motivated cam- mous Republican has invoked an ob- sible, commonsense solutions. paigns against commonsense constitu- scure procedural rule to prevent our He also clearly has the management tional laws, such as the voter ID laws committee from meeting at that sched- skills to run a large Federal agency ef- adopted by the States of Texas and uled time. This pointless obstruc- fectively. He was also an effective man- South Carolina. tionism is extremely disturbing. ager and a responsible steward of pub- In addition, he delivered misleading I would like to point out that we had lic resources, undertaking significant testimony to the U.S. Commission on previously been scheduled to vote on administrative and organizational re- Civil Rights back in 2010. The inspector his nomination in my committee 2 forms that made the Maryland DLLR general said Mr. Perez’s testimony weeks ago. In an effort to bend over more efficient and more effective. about a prominent voting rights case backwards and to be accommodating to His outstanding work in Maryland ‘‘did not reflect the entire story re- our colleagues who requested more has won him the support of the busi- garding the involvement of political time to consider documents related to ness community and worker advocates appointees.’’ So when you are not tell- the nomination, I deferred it for 2 alike. To quote from the endorsement ing the whole truth, you are not telling weeks as sort of senatorial courtesy. letter of the Maryland Chamber of the truth. This time there is no allegation that Commerce: Before joining the Department of they have had insufficient time for Mr. Perez proved himself to be a pragmatic Justice—and this is part of his unfortu- consideration, just delay for delay’s public official who was willing to bring dif- nate track record—he served as a local sake on the nomination. Tom Perez has fering voices together. The Maryland Cham- official in Montgomery County, MD. been before our committee since ber had the opportunity to work with Mr. During those years, he consistently op- March. We have had our hearing, dur- Perez on an array of issues of importance to posed the proper enforcement of our employers in Maryland, from unemployment ing which Mr. Perez fully answered all immigration laws. In fact, Mr. Perez and workforce development to the housing questions posed to him. I cut off no testified against enforcement measures and foreclosure crisis. Despite differences of one. I allowed anyone to ask whatever that were being considered by the opinion, Mr. Perez was always willing to questions they wanted. Maryland State Legislature. allow all parties to be heard, and we found I would ask my colleagues, because Mr. Perez has met with any inter- him to be fair and collaborative. I believe that our experiences with him here in Mary- we have an important function to play ested Senator personally and answered over 200 written questions for the land bode well for the nation. That is a pret- under our constitutional system, one of ty strong endorsement by a chamber of com- advice and consent—that is the con- record. It is an understatement to say his nomination has been thoroughly merce for a nominee whom the minority firmation process for Presidential leader today on the floor characterized as a nominees—is this really the type of vetted. This continuing delay is uncon- ‘‘crusading ideologue . . . willing to do or person we want running the Depart- scionable and only hurts the American say anything to achieve his ideological ment of Labor, especially at a time workers and businesses that rely on the ends.’’ That is how he was characterized by when Congress is contemplating pas- Department of Labor each and every the Republican leader today, but the Mary- land Chamber of Commerce didn’t seem to sage of important immigration reform day. As our country continues to move think so. So that grossly unfair character- laws? ization by the Republican leader is mani- Given his record, I am concerned Mr. down the road to economic recovery, the work of the Department of Labor is festly inconsistent with the experiences of Perez does not have the temperament the Republican leaders and businesses that or the competence we need in our Sec- becoming even more vital to the lives have actually worked with Tom Perez. of our working families. Whether it is retary of the Department of Labor. I Mr. President, I ask unanimous con- making sure workers get paid the fear that, just like he has at the De- sent to have printed in the RECORD let- wages they deserve, helping returning partment of Justice, he would invari- ters from businesses and Republican veterans reenter the workforce, pro- ably politicize the Department of leaders demonstrating the strong bi- tecting our seniors’ retirement nest Labor and impose ideological litmus partisan support for Mr. Perez’s nomi- eggs, ensuring that a new mother can tests. For all these reasons, and more, nation. These people clearly disagree care for her baby without losing her I will oppose his nomination. with the Republican leader’s assess- job, the Department of Labor helps Mr. President, I yield the floor and ment of Mr. Perez’s qualifications and families build the cornerstones of a suggest the absence of a quorum. character. The PRESIDING OFFICER. The middle-class life. There being no objection, the mate- Now more than ever we need strong clerk will call the roll. rial was ordered to be printed in the leadership at the Department to help The assistant legislative clerk pro- RECORD, as follows: ceeded to call the roll. strengthen our fragile recovery and MARCH 19, 2013. build a stronger and revitalized Amer- Mr. HARKIN. I ask unanimous con- JOINT STATEMENT FROM STATE ATTORNEYS sent that the order for the quorum call ican middle class. That is why this GENERAL IN SUPPORT OF NOMINATION OF be rescinded. nomination is so important. TOM PEREZ AS SECRETARY OF U.S. DEPART- The PRESIDING OFFICER (Mr. There has been a lot of public discus- MENT OF LABOR BROWN). Without objection, it is so or- sion about Mr. Perez but remarkably ‘‘Tom Perez is a brilliant lawyer and lead- dered. little of it has focused on what should er, who listens thoughtfully to all sides and

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.049 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3235 works collaboratively to solve problems. He ment must work in partnership with busi- I believe that he will bring those skills and has dedicated his career to serving the pub- ness to find solutions that succeed in today’s strong personal qualities to the duties of the lic, and his experience as Secretary of the marketplace highlights his continual acces- Secretary of Labor and enable him to per- Maryland Department of Labor, Licensing sibility and his empathic approach to work- form in a manner worthy of your trust. and Regulation and in the U.S. Department ing with job creators nationwide. Thank you for listening to my support for of Justice make him ideally suited to serve We applaud the President’s nomination of this very special and patriotic man. as the Secretary of the U.S. Department of Tom Perez as Secretary of Labor because we Respectfully yours, Labor. have experienced, first hand, the fruits of JOHN R. DUNNE. ‘‘As state Attorneys General, we have Tom’s open door policy and his steady ap- Mr. HARKIN. Indeed, I think Mr. found Perez to be open, responsive and fun- proach to finding solutions that work for the Perez’s character—his character—is ex- damentally fair. He is committed to justice benefit of all. Sincerely, actly what qualifies him for this job— and the rule of law and able to work across his character. party and philosophical lines to achieve just M.H. JIM ESTEPP, results. President/CEO. Tom Perez has dedicated his life to ‘‘The U.S. Department of Labor and the making sure every American has a fair country will be well served by a leader who THE MARYLAND MINORITY opportunity to pursue the American understands the need to forge partnerships CONTRACTORS ASSOCIATION, INC., dream. At the Maryland Department of with state and local officials and who values Baltimore, MD, March 21, 2013. Labor, he revamped the State’s adult cooperation to bring about successful results President BARACK OBAMA, education system so more people could for both employers and employees.’’ The White House, Pennsylvania Avenue, Wash- successfully train for better jobs and ‘‘The following Attorneys General issued ington, DC. brighter futures. As the Assistant At- this joint statement in support of Perez’s DEAR PRESIDENT OBAMA, The Maryland Mi- nomination: nority Contractors Association applauds the torney General for Civil Rights at the ‘‘California Attorney General Kamala Har- nomination of Tom Perez as the United U.S. Department of Justice, where he ris, Delaware Attorney General Beau Biden, States Secretary of Labor, and encourages a is right now, he has been a voice for Illinois Attorney General Lisa Madigan, quick confirmation. While serving as Mary- the most vulnerable, and he has rein- Iowa Attorney General Tom Miller, Mis- land’s labor secretary, Tom proved to be fair- vigorated the enforcement of some of sissippi Attorney General Jim Hood, North minded, and always had an open door. our most critical civil rights laws. He Carolina Roy Cooper, Oregon Attorney Gen- The Maryland Minority Contractors Asso- ciation is composed primarily of merit has helped more Americans achieve the eral Ellen Rosenblum, Tennessee Attorney dream of home ownership through his General Robert Cooper, Jr., Former Utah At- shops, so our member companies have em- torney General Mark Shurtleff and Former ployees that are not under union collective unprecedented efforts to prevent resi- Washington Attorney General Rob McKenna. bargaining agreements. We found ourselves dential lending discrimination. He has at the table with Tom on a range of issues, helped to ensure that people with dis- MARCH 15, 2013. from workplace safety to apprenticeships to abilities have the choice to live in Hon. BARACK OBAMA, the proper classification of employees. Al- their own homes and communities President of the United States, The White though our perspectives often differed, we al- rather than only in institutional set- House, Washington, DC. ways had a seat at the table, and I can con- fidently say that our perspective was always tings and to make sure people with dis- DEAR PRESIDENT OBAMA: The Maryland abilities receive the support and serv- Chamber of Commerce supports the nomina- taken into consideration. Tom pursues his tion of Thomas E. Perez to serve as the role of protecting workers with vigor, but he ices they need to make independent United States Secretary of Labor. always took the concerns of our members se- living possible. He has stepped up the During his tenure as Secretary of Mary- riously, and, when presented with sound ar- Department’s efforts to protect the em- land’s Department of Labor, Licensing and guments, was willing to compromise. ployment rights of servicemembers so Regulation, Mr. Perez oversaw a wide range We strongly support the nomination of our men and women in uniform can re- Tom Perez, and we believe that he will make of regulatory programs of critical impor- turn to their jobs and support their tance to the state’s business community, in- an excellent Secretary of Labor. He is a smart, honest person who will serve our families after serving their country. cluding unemployment insurance, the regu- I can tell you that Tom Perez is pas- lation of financial institutions, worker safe- county well. ty and professional licensing. PLESS JONES, sionate about these issues. He is pas- Mr. Perez proved himself to be a pragmatic President, Maryland Minority Contractors. sionate about justice and about fair- public official who was willing to bring dif- ness, and I believe these are qualities fering voices together. The Maryland Cham- WHITEMAN OSTERMAN that Tom Perez learned at the hand of ber had the opportunity to work with Mr. & HANNA LLP, his former employer here in the Sen- Perez on an array of issues of importance to Albany, NY, April 15, 2013. ate, our former committee chairman of employers in Maryland, from unemployment Re Thomas Perez, Nominee for Secretary of Labor. the HELP Committee, Senator Ted and workforce development to the housing Kennedy. But, as he explained in his and foreclosure crisis. Sen. THOMAS HARKIN (D–IA), Despite differences of opinion, Mr. Perez Hart Senate Office Building, confirmation hearing, he also learned was always willing to allow all parties to be Washington, DC. from Senator Kennedy ‘‘that idealism heard and we found him to be fair and col- Sen. LAMAR ALEXANDER (R–TN), and pragmatism are not mutually ex- laborative. I believe that our experiences Dirksen Senate Office Building, clusive.’’ Mr. Perez knows how to bring with him here in Maryland bode well for the Washington, DC. people together to make progress on nation. DEAR SENATORS HARKIN AND ALEXANDER: I even controversial issues without burn- The Maryland Chamber of Commerce is write as an appointee by former President ing bridges or making enemies. He Maryland’s leading statewide business advo- George H.W. Bush to the United States De- cacy organization. Our 800 member compa- partment of Justice in support of Thomas knows how to hit the ground running nies employ more than 442,000 people in the Perez who has been nominated by President and quickly and effectively become an state. The Chamber works to support its Obama to serve as Secretary of Labor and agent of real change. That is exactly members and advance the State of Maryland urge your favorable consideration of his can- the kind of leadership we need at the as a national and global competitive leader didacy. Department of Labor. We need his vi- in economic growth and private sector job As the Assistant Attorney General for sion, we need his passion, and we need, creation through its effective advocacy, high Civil Rights (1990–1993), I worked directly yes, his character at the helm of this with Tom (in fact, I hired him in 1990) on a level networking and timely communica- important agency. tions. variety of sensitive matters, including crimi- Sincerely, nal and voting rights issues. During a num- Allow me to state very clearly that KATHLEEN T. SNYDER, ber of face-to-face meetings, I had the oppor- while I know there has been generated CCE, President/CEO, tunity both to review his legal-based memo- controversy—not real controversy but Maryland Chamber of Commerce. randa and to engage in a number of intense generated controversy—surrounding debates as to what should be the Division’s Mr. Perez’s nomination, there is abso- GREATER PRINCE GEORGE’S final course of action. As a result of those lutely nothing that calls into question BUSINESS ROUNDTABLE, experiences, I found Tom to be an excellent his ability to fairly enforce the law as Bowie, MD, March 18, 2013. lawyer, a dedicated public servant with a it is written. There is absolutely noth- TO WHOM IT MAY CONCERN: Tom Perez is deep commitment to the common good, and one of the most honest and dedicated public a person of legal and moral integrity; quali- ing that calls into question his profes- officials that we in the Prince George’s ties that enable him to recognize the value sional integrity or his moral character County business community have ever of contending parties’ positions in order to or his ability to lead the Department of worked with. His understanding that govern- achieve workable solutions. Labor.

VerDate Mar 15 2010 05:07 May 09, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.005 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3236 CONGRESSIONAL RECORD — SENATE May 8, 2013 As I mentioned, Mr. Perez has been cide whether or not to intervene in Newell THE VERNIA LAW FIRM, as open and aboveboard as he could and Ellis, chose not to do so after consid- Washington DC, May 6, 2013. possibly be throughout this entire con- ering their merits, the United States inter- Re Declination by the United States Depart- firmation process. He has met with any est in preserving the disparate impact test ment of Justice in United States ex rel. under the Fair Housing Act, and the U.S. in- Newell v. City of St. Paul, Civil No. 09–SC– Member personally who requested a terest in ensuring (so far as possible) that a 001177 (D.Minn.). meeting. As I said, he appeared before Supreme Court ruling on the proper test be Hon. Representative JIM JORDAN, our committee in a public hearing. He based on favorable facts, did Perez violate Chairman, Subcommittee on Economic Growth, has answered more than 200 written any rule of professional conduct (ethics rule) Job Creation & Regulatory Affairs Com- questions. He has bent over backward governing him as a lawyer by encouraging mittee on Oversight and Government Re- to respond to any and all concerns others at DOJ or HUD (or elsewhere) to re- form, Rayburn House Office Building, raised about his work at the Depart- frain from intervention in Newell and Ellis Washington, DC. ment of Justice. in exchange for St. Paul’s agreement to Hon. Representative MATT CARTWRIGHT This administration—President withdraw the Magner appeal?’’ Ranking Minority Member, Subcommittee on Obama—has also been extraordinarily The Joint Staff Report argues that linking Economic Growth, Job Creation & Regu- accommodating to any Republican col- the two cases—withdrawal of the Magner ap- latory Affairs, Committee on Oversight and Government Reform, Rayburn House Office league, especially to their concerns peal and U.S. non-intervention in the two Qui Tam actions, Newell and Ellis (hereafter Building, Washington, DC. about Mr. Perez’s involvement in the Newell)—was unethical. However, it cites no Hon. Representative TRENT FRANKS global resolution of two cases involving professional conduct rule, no court decision, Chairman, Subcommittee on the Constitution the city of St. Paul, MN—Magner v. St. no bar ethics opinion, and no secondary au- and Civil Justice, Committee on the Judici- Paul and Newell v. St. Paul. The ad- thority that supports this argument. In fact, ary, Rayburn House Office Building, Wash- ministration has produced thousands of no authority supports it. ington, DC. Hon. Representative JERROLD NADLER documents concerning these two cases. The duty of lawyers for the United States Ranking Minority Member, Subcommittee on the They have arranged for the interview is no different from the duty of lawyers gen- Constitution and Civil Justice, Committee on erally, namely to pursue the goals of their of government employees. They have the Judiciary, Rayburn House Office Build- client within the bounds of law and ethics. facilitated almost unprecedented levels ing, Washington, DC. Clients generally identify those goals, but of disclosure to alleviate any concern DEAR MESSRS. JORDAN, CARTWRIGHT, when the client is the government, its law- about his involvement in these cases. FRANKS, AND NADLER: As chairman of the committee, I yers often do so, sometimes in conjunction I am writing in advance of the Commit- with agencies, elected officials, or other rep- tee’s May 7, 2013 hearing regarding the De- have also tried to be as accommodating resentatives of the government who are au- as possible, joining in requests for doc- partment of Justice’s declination of the thorized to speak for the client. False Claims Act qui tam cases, United States uments that I, quite frankly, thought The United States had interests in Magner ex rel. Newell v. City of St. Paul, Minnesota, were unnecessary but willing to ac- and also in Newell. Qui Tam actions are Civil No. 09–SC–001177 (D.Minn.), and United quire and postponing the executive ses- brought to vindicate interests of the sov- States ex rel. Ellis v. City of St. Paul, Civil No. sion for 2 weeks to provide Members ereign, here the U.S. The U.S. interest was to 11CV–0416 (D.Minn.), to provide my com- additional time for consideration. recover money assuming, of course, that ments on certain of the conclusions reached All this extensive process has re- Newell had merit. The U.S. interest in in the Joint Staff Report, DOJ’s Quid Pro vealed is that Mr. Perez acted at all Magner was to avoid Supreme Court review Quo with St. Paul: How Assistant Attorney times ethically and appropriately to of a legal issue in Magner, whose facts were General Thomas Perez Manipulated Justice and seen as unfavorable to a decision that would Ignored the Rule of Law (April 15, 2013). I ap- advance the interests of the U.S. Gov- preciate the opportunity to address the Com- ernment. For example, with respect to sustain a disparate impact test for violations of the Fair Housing Act. Perez believed that mittee. the Magner and Newell matters, Mr. preserving the disparate impact test was im- For most of my twenty years practicing Perez consulted with both outside eth- portant to his client and more important law, I have handled investigations and cases ics and professional responsibility ex- than intervention in Newell. brought under the False Claims Act, 31 perts at the Department of Justice, and § U.S.C. §§ 3729, et seq. Early in my career, I I assume that Perez persuaded others with served for eight years as a Trial Attorney in Mr. Perez acted within their guidelines decision-making authority, and in particular the Fraud Section of the Commercial Litiga- at all times. It is no surprise that out- West, that withdrawing the Magner appeal tion Branch of the Department of Justice’s side ethics experts have confirmed that was more important to U.S. interests than Civil Division. In that capacity, I handled Mr. Perez acted appropriately in these intervention in Newell. I also assume, dozens of False Claims Act cases involving matters. though it is contested, that Newell was meri- numerous federal agencies, including the De- I would like to submit again for the torious and that but for the agreement with partment of Housing and Urban Development RECORD letters and statements from St. Paul, the United States would have inter- (HUD). I left the Fraud Section to be a pros- several legal ethics experts and experts vened in Newell and perhaps prevailed. ecutor in the Criminal Division where, in 2005 I received a John Marshall Award from in the False Claims Act confirming Of course, it is legitimate to argue that Perez, West, and others made the wrong the Department of Justice, and the National that Mr. Perez’s handling of the Exploited Children’s Award from the Na- Magner and Newell cases was both eth- choice and that pursuing Newell was more important to U.S. interests than how the Su- tional Center for Missing and Exploited Chil- ical and appropriate. And I ask unani- preme Court would ultimately resolve the dren. mous consent to have printed in the issue in Magner. I have no view on that ques- That same year, I joined Covington & Burl- ing LLP, initially focusing on the defense of RECORD these letters. tion. It is not an ethical question. The ques- False Claims Act investigations and suits. I There being no objection, the mate- tion I can answer is whether Perez could started my own firm in 2009, in part to have rial was ordered to be printed in the ethically make the decision he did and which the flexibility of representing whistleblower he encouraged others to accept. Could he RECORD, as follows: clients as well as defendants. I have filed nu- ethically decide, when faced with a situation STATEMENT OF STEPHEN GILLERS, ELIHU ROOT merous qui tam suits, and I am now litigating where only one of two possible choices could PROFESSOR OF LAW, NEW YORK UNIVERSITY some of those, including a major case be made, and where each choice offered a SCHOOL OF LAW, MAY 6, 2013 against a long-term care pharmacy for pre- benefit to his client, to choose option A over The Joint Staff Report makes many asser- scriptions reimbursed by Medicare Part D. In option B? tions and contains many factual allegations, addition to my work on these cases, I have which may or may not be contested. How- The answer is unequivocally yes. Perez was made presentations on the False Claims Act ever, only one issue is described as ethical. It not choosing to advantage one client over and related statutes, and I write the best- is this issue that the Democratic Staff memo another client. There was no conflict here read legal blog on the topic, mainly addresses. Stated most favorably between the interests of two clients because www.falseclaimscounsei.com. from the Joint Staff perspective, the issue is: there was only one client. That client, we I have had no professional involvement in ‘‘Assuming that Assistant Attorney Gen- are assuming, had two interests—withdrawal the Newell or Ellis cases, and have not spoken eral Tomas E. Perez (Civil Rights Division) of Magner or intervention in Newell—but about them with any of the persons de- was mainly responsible for reaching the under the circumstances, it could pursue scribed in the Joint Staff Report. I have, agreement with the City of St. Paul de- only one. Perez made a choice between these however, reviewed that Report, its attached scribed below—even assuming that the options and encouraged others to agree. His documents, the Democratic Staff’s Report on agreement would not have happened without conduct violates no ethical rule that governs the same topic (April 14, 2013), and certain of his intervention—but assuming, too, that lawyers. He was acting in what he believed the documents publicly available on the Dis- Assistant Attorney General Tony West (Civil to be the best interests of his client, which is trict Court for the District of Minnesota’s Division), who had ultimate authority to de- what lawyers are required to do. PACER website.

VerDate Mar 15 2010 05:11 May 09, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.052 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3237 As one of the few attorneys in private tice’s decision to intervene in the case cost respectfully disagree with the premise of practice with significant Department of Jus- taxpayers a significant opportunity to re- this criticism, which is that the Department tice experience who represents both defend- cover over $200 million. See Joint Staff Re- of Justice does, or should, evaluate the po- ants and whistleblowers, I read these docu- port at 61. This, too, significantly overstates tential success of a motion to dismiss on ments with great interest. With all due re- the strength of Newell. public disclosure grounds. spect to the Joint Staff, however, I feel com- The draft intervention memo very briefly In my experience, both at the Department pelled to write to take issue with certain of describes only one damages theory, which and in private practice, the Government does their factual conclusions. I will limit my the trial attorney characterizes as ‘‘aggres- not typically investigate the common comments to those that I feel are critical to sive’’: that the damages under the False grounds on which declined qui tam suits assessing the conduct of Department of Jus- Claims Act were the entire amount of the founder: public disclosure and particularity tice officials involved in these cases. Section 3 construction project grants (which under Fed. R. Civ. P. 9(b). Although I, as a whistleblower attorney, would prefer that MERITS OF THE NEWELL CASE was some unknown fraction of the overall $86 the Department investigate these possible Because the documents do not treat the million in HUD grants). That ‘‘aggressive’’ theory is an unsettled area of law, however, grounds for dismissal prior to deciding Ellis case as a significant factor in the De- whether to decline or intervene a case, there partment’s decision-making, I have not un- and the Joint Staff’s reliance on it in calcu- lating the cost to taxpayers of declining to are sound reasons for not doing so: the De- dertaken to analyze the merits of that mat- partment of Justice has inadequate re- ter. Let me also preface my remarks by stat- intervene in the suit is dubious. For much of the False Claims Act’s 150– sources to investigate the merits of the fraud ing that I do not intend this letter to dispar- allegations; routinely investigating the pub- age Mr. Newell or his counsel. The Depart- year history, computing damages was rel- atively straightforward: the fact-finder cal- lic disclosures that might lead to the dis- ment of Justice appears to have largely cor- missal of a declined qui tam would ultimately roborated his allegations and his qui tam culated the difference between what the Gov- ernment actually paid and the value of the detract from the Department’s ability to complaint is well-drafted. carry out the False Claims Act’s core mis- I disagree, however, with the Joint Staff’s goods or services it received. See United States v. Bornstein, 423 U.S. 303, 316 n. 13 sion of detecting and remedying fraud. conclusion that ‘‘The Department of Justice Certainly no one has done more than Sen- Sacrificed a Strong Case Alleging a Particu- (1976). When a third-party, and not the Gov- ernment is the intended recipient of the tan- ator Grassley to encourage whistleblowers to larly Egregious Example of Fraud.’’ See assist the Government in uprooting fraud. Joint Staff Report at 37. Instead, I believe gible benefit from the outlay of federal funds, this approach arguably breaks down. The recent amendment to the public disclo- that the documents evidence significant sure bar demonstrates well his interest in bases for skepticism by Department of Jus- The traditional ‘‘benefit-of-the-bargain’’ ap- proach is strained further when the false improving enforcement of the Act. I never- tice officials. theless believe that Congress could best im- The Joint Staff’s conclusion rests in large claim relates not to quality of the goods or services received by the third-party, but to prove whistleblowers’ involvement in fraud part on its rejection of statements by De- enforcement by addressing more significant partment of Justice supervisors that wheth- the fund recipient’s satisfaction of some other condition intended to benefit society problems besetting them (such as the appli- er or not to intervene in Newell was a ‘‘close cation of Fed. R. Civ, P. 9(b) to False Claims call,’’ and its reliance instead on earlier po- more generally. The Newell case falls into this category: the city receives Section 3 Act complaints, which is by far the most sitions in support of intervention taken by common grounds for dismissal of declined the trial attorney and others assigned to the funds to improve housing, and allegedly false claims relate to its compliance with a condi- qui tam cases). case. But the draft memorandum urging In conclusion, after reviewing the publicly tion unrelated to the quality of that work. intervention acknowledges several signifi- available materials on the Department of The Courts have struggled with these cant potential problems with the case—prob- Justice’s decision to decline to intervene in issues, and four Courts of Appeals—for the lems that clearly rebut the conclusion that United States ex rel. Newell v. City of St. Paul, Second, Fifth, Seventh, and Ninth Circuits— the case was a ‘‘strong’’ one, as the Joint I believe that Department officials acted have chosen to follow the ‘‘aggressive’’ ap- Staff asserts. well within the scope of their discretion in proach the trial attorney described. The Dis- Newell’s most prominent weakness was the declining to intervene in that case. I must trict of Columbia and Third Circuits instead potential difficulty in proving that St. respectfully disagree with the contrary con- continue to employ the ‘‘benefit-of-the-bar- Paul’s noncompliance with Section 3 was clusions the Joint Staff reached in its Re- gain’’ approach, which might result in a very material to the decision of HUD to make port. I appreciate your consideration. low damages calculation in a case such as grant payments. The trial attorney handling Truly yours, Newell. I am not aware of any controlling the case candidly admitted that there was BENJAMIN J. VERNIA. litigation risk regarding materiality: precedent on this issue in the Eighth Circuit, in whose jurisdiction Newell was filed. ‘‘The City will argue that even if HUD did COHEN MILSTEIN Given the unsettled nature of this area and not say it explicitly, HUD’s silence over SELLERS & TOLL PLLC, the imprecision in the Draft Intervention many years is tacit approval. We will have to Philadelphia, PA, May 6, 2013. Memorandum’s damages figure, $86 million admit that the City was failing to comply The Hon. JIM JORDAN, represented only a theoretical upper limit on with Section 3 in ways that should have been Chairman, Subcommittee on Economic Growth, the Government’s damages for St. Paul’s al- apparent to HUD. The City did not send its Job Creation & Regulatory Affairs Com- leged violations. The Department of Justice HUD 60002 forms each year. HUD never ob- mittee on Oversight and Government Re- trial attorney acknowledged the limitations jected to this failure. The City will argue form, Rayburn House Office Building, of this approach, writing in the Draft Inter- that HUD was so unconcerned with Section 3 Washington, DC. vention Memorandum: ‘‘We acknowledge compliance that the City’s failure to comply The Hon. MATT CARTWRIGHT, this is an aggressive position, and that some did not affect, or could not have affected Ranking Minority Member, Subcommittee on less aggressive approach may be needed for HUD’s decision to pay. Economic Growth, Job Creation & Regu- trial. To date, however, we have not yet de- ‘‘The City will argue that HUD’s failure to latory Affairs, Committee on Oversight and termined an alternative approach.’’ Id. at 5. monitor its Section 3 compliance was con- Government Reform, Rayburn House Office Even if the Department of Justice had in- sistent with HUD’s general lack of oversight Building, Washington, D.C. of Section 3 during the relevant period. The tervened and secured a judgment against the The Hon. TRENT FRANKS, City on False Claims Act liability, moreover, city has already noted that previous federal Chairman, Subcommittee on the Constitution there is a significant risk that the District administrations were not concerned with and Civil Justice, Committee on the Judici- Court or the Court of Appeals for the Eighth Section 3 (a position with support in recent ary, Rayburn House Office Building, Wash- Circuit would, under the facts of this case HUD comments), and that it is unfair to re- ington, DC. quire a City to make boilerplate certifi- (including HUD’s apparent disregard of Sec- The Hon. JERROLD NADLER, tion 3 enforcement, and the defendant’s sta- cation each year, ignore the City’s non-com- Ranking Minority Member, Subcommittee on the tus as a taxpayer-funded entity) reject the pliance year-after-year, and then seek FCA Constitution and Civil Justice, Committee on ‘‘aggressive’’ approach of seeking to recoup relief when a new administration comes in the Judiciary, Rayburn House Office Build- all Section 3 grants. Such a decision would that is more concerned with compliance with ing, Washington, DC. hinder the Government and relators in fu- Section 3. DEAR CHAIRMEN JORDAN AND FRANKS AND ture False Claims Act cases in the Eighth Draft Intervention Memo at 7. Although the RANKING MEMBERS CARTWRIGHT AND NADLER: trial attorney was optimistic that these ar- Circuit’s jurisdiction. The undersigned are partners and co-chairs guments could be overcome, there can be no THE RISK OF NEWELL’S DISMISSAL ON PUBLIC of the Whistleblower/False Claims Act Prac- doubt that significant concerns about prov- DISCLOSURE GROUNDS tice Group at Cohen Milstein Sellers & Toll, ing materiality of the City’s noncompliance The Joint Staff Report also criticizes the PLLC. For over ten years, we have assidu- were evident long before the alleged quid pro Department’s declination on the grounds ously represented whistleblowers in legal ac- quo. that it exposed Mr. Newell to dismissal of his tions brought pursuant the federal False RELIABILITY OF THE DRAFT INTERVENTION qui tam suit on grounds that the Court Claims Act, 31 U.S.C. §§ 3729, et seq., and its MEMORANDUM’S DAMAGES CALCULATION lacked jurisdiction under the False Claims state counterparts in federal and state I also respectfully disagree with the Joint Act’s public disclosure bar. See Joint Staff courts throughout the country. We regularly Staff’s assertion that the Department of Jus- Report at 58; 31 U.S.C. § 3730(e)(4)(A) (2010). I engage in the evaluation of the viability of

VerDate Mar 15 2010 05:07 May 09, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.014 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3238 CONGRESSIONAL RECORD — SENATE May 8, 2013 potential claims under those statutes and City whether or not the government had in- same laws that some colleagues some- work with relators to combat fraud against tervened in the case. In Rockwell Intl. Corp. v. times would like to forget are on the the government. We have been asked by com- United States ex rel. Stone, 549 U.S. 457 (2007), books, but these laws matter. Voting mittee staff to offer our opinion regarding the United States Supreme Court rejected rights matter. Fair housing rights mat- the effect of the Department of Justice’s de- the argument that government intervention cision to decline to intervene in the qui tam provides jurisdiction to a Relator who is not ter. The rights of people with disabil- cases of United States ex rel. Newell v. City of an original source. Even had the government ities matter. These laws are part of St. Paul and United States ex rel. Ellis v. City intervened, Mr. Newell would have been vul- what makes our country great. I am in- of Minneapolis, et al. What follows is that nerable to the exact same public disclosure credibly proud of the work Mr. Perez opinion. jurisdictional bar. has done at the Department of Justice On May 19, 2009, Relator Frederick Newell Likewise, in declining to intervene in Mr. to make those rights a reality after filed his qui tam action under the federal Newell’s qui tam action, the Department of years of neglect. He should be ap- False Claims Act against the City of St. Paul Justice did not ‘‘give up the opportunity to plauded, not vilified, for the service he in the United States District Court for the recover as much as $200 million.’’ (Joint District of Minnesota. On February 9, 2012, Staff Report, p. 4). A declination of interven- has provided to this country. the Department of Justice advised the court tion has never been recognized by any court Mr. President, it almost seems that that it declined to intervene in the case. On as tantamount to the termination of the when Mr. Perez’s name came up, there March 12, 2012, Mr. Newell filed an amended government’s right to pursue the claim as- was a controversy generated about complaint in response to which the City of serted in the action. In fact, the federal these cases in St. Paul involving whis- St. Paul filed a motion to dismiss based, in False Claims Act specifically provides that if tleblower types and that somehow he part, on the Public Disclosure Bar. the government initially elects not to pro- acted inappropriately and denied the At the time that Mr. Newell filed his ini- ceed with the action, it may intervene at a tial complaint in his action, the False government the ability to get back a later date upon a showing of good cause. 31 couple hundred million dollars or so. Claims Act provided a jurisdictional bar to a U.S.C. § 3730(c)(3). The government can de- relator’s qui tam action commonly referred cline to intervene in one action and, after That seemed to be a belief some of my to as the Public Disclosure Bar. Subse- that complaint is dismissed, decide to inter- colleagues on the other side had. So we quently amended and rendered a non-juris- vene in a subsequently filed action. Or the looked into it. We went through all the dictional basis for dismissal in the Patient government can institute and pursue its own documents, all the e-mails, and thou- Protection and Affordable Care Act of 2010, action under the False Claims Act. More- sands of pages, with ethics lawyers this section, 31 U.S.C. § 3730(e)(4), provided as over, the dismissal of Mr. Newell’s complaint both in the government and out. What follows: does not affect the government’s ability to ‘‘(A) No court shall have jurisdiction over we came up with was that Mr. Perez pursue the same claims itself. Thus, in de- acted ethically and appropriately at all an action under this section based upon the clining to intervene in the Newell and Ellis public disclosure of allegations or trans- actions, the government is not foreclosed times. There is no ‘‘there’’ there. So actions in a criminal, civil, or administra- from pursuing the claims that Mr. Newell the facts belie the belief, but it seems tive hearing, in a congressional, administra- could no longer himself pursue or to inter- that the belief carries on and that tive, or Government Accounting Office re- vene at a later date in the Ellis action, nor somehow the belief trumps the facts. port, hearing, audit, or investigation, or is it foreclosed from pursuing remedies that Well, if some of my colleagues want from the news media, unless the Attorney might be available under any other statu- to believe the worst about Tom Perez, General or the person bringing the action is tory or regulatory provisions. In fact, in de- they can believe that, but they have no an original source of the information. clining to intervene in these actions, it ‘‘‘(B) For purposes of this paragraph, facts to back it up. It is an unfounded ‘‘gave up’’ no rights or opportunities whatso- ‘original source’ means an individual who ever. belief. Is that what is going to guide has direct and independent knowledge of the We trust that the foregoing sheds light on this body in approving nominations for information on which the allegations are the effect of the government’s decision not this President or any President—that based and has voluntarily provided the infor- to intervene in the Newell and Ellis qui tam if I believe something and I can get mation to the Government before filing an actions and that this letter is helpful to the maybe some of my colleagues to join in action under this section which is based on work of your committees. the information.’’ and believe it, that is enough? That is Respectfully submitted, On July 20, 2012, the court granted St. sufficient to vilify a nominee, to try to GARY L. AZORSKY. Paul’s motion to dismiss, finding that it tear him down? JEANNE A. MARKEY. lacked subject matter jurisdiction over Mr. What about the facts? Don’t facts Newell’s action because of manifold public Mr. HARKIN. As Professor Stephen matter? Doesn’t the record matter? Of disclosures of his allegations predating the Gillers, who has taught legal ethics for course it does. And the facts, as proven filing of his complaint and because he was more than 30 years at New York Uni- time and time again, are that Mr. not an original source of the information on versity School of Law, wrote in one of Perez acted ethically and appropriately which the allegations were based. Mr. Newell these letters, Mr. Perez’s actions in has appealed the dismissal of his case and his at the Department of Justice at all appeal is currently pending before the United these cases ‘‘violate[d] no ethical rule times and especially in the two cases— States Court of Appeals for the 8th Circuit. that governs lawyers. He was acting in Magner v. St. Paul and Newell v. St. On February 18, 2011, Relators Andrew what he believed to be the best inter- Paul. That has been clearly brought Ellis, Harriet Ellis and Michael Blodgett ests of his client, which is what law- forth, that he acted appropriately and filed their qui tam action under the federal yers are required to do.’’ ethically. False Claims Act against, among others, the In short, Mr. Perez did his job at So I say to my colleagues on the Cities of Minneapolis and St. Paul in the DOJ, and he did it well. When it comes other side, believe what you want, but United States District Court for the District down to it, I think the fact that he did of Minnesota. On June 18, 2012, the Depart- that belief, mistaken as it is, should ment of Justice filed a Notice of Election to his job well is probably the source of not be used to tear down a good person, Decline Intervention. The defendants in that much of the generated controversy sur- to vilify a good person, to cast this per- case subsequently filed motions to dismiss rounding his nomination. Maybe some son in a light which is totally false. the Relators’ complaints, which the court people just don’t like Tom Perez pre- So, yes, Mr. President, there was an denied without prejudice. That case remains cisely because he is passionate about objection to our meeting today under pending as of the date of this letter. enforcing our civil rights laws and has this obscure rule of the Senate, but we The effect of the government’s decision not vigorously pursued such enforcement have rescheduled the meeting for 1 to intervene in these two qui tam cases is central to the issues presently being consid- in his current position. week hence. So in 1 week we will meet ered by your subcommittees. Indeed, it is im- I take great issue with the minority again, and we will vote to report out portant to understand that, contrary to con- leader’s suggestion today that Mr. the nomination of Tom Perez, and then clusory statements set forth in the Congres- Perez doesn’t follow the law or believe we will come to the floor. Again, I hope sional Committees’ Joint Staff Report of that it applies to him. I would respect- that it won’t be filibustered by my Re- April 15, 2013, the decision by the Depart- fully suggest that the Republican lead- publican colleagues but that we will be ment of Justice not to intervene in Mr. New- er needs to check his facts. To the con- able to vote up or down on Mr. Perez ell’s case did not allow the City of St. Paul trary, Tom Perez has had a remarkable based not upon what someone believes to move for dismissal of the case ‘‘on grounds that would have otherwise been un- career as a result of a determination to but what the facts are, what his record available if the Department had intervened.’’ make the promise of our civil rights is, what his record has been both in (Joint Staff Report, p. 58). In fact, the same statutes a reality for everyday Ameri- local government, State government, motion would have been available to the cans. Maybe these are some of the and at the Department of Justice.

VerDate Mar 15 2010 05:07 May 09, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.015 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3239 When you look at that record, it is an pitals, nursing homes, or dental offices of our condemnation are any cir- exemplary record of unstinting public across the country. cumstances where health care patients service in the best interests of the civil So with that, I object. are put in danger, where safety is in rights and equal rights of our country. The PRESIDING OFFICER. Objec- peril, where the consequences do dam- That is why, with his background, his tion is heard. age, or threaten damage, to the recipi- experience, and his dedication to fair- The Senator from Utah. ents of health care. Whatever the kind ness and justice, the fact that he has Mr. LEE. Mr. President, this week in of health care, whatever we may think actually worked in the Senate on the Philadelphia, a jury is deliberating the of it personally in terms of the merits HELP Committee—the committee that case of Kermit Gosnell. That doctor and the type of care provided, we ought has jurisdiction over the Department has been charged and tried for some of to condemn it, and that is the purpose of Labor—gives tremendous weight to the most gruesome atrocities ever en- and sense of the resolution I am offer- his background and insight into how to countered by the American justice sys- ing. be a truly great Secretary of Labor. tem. So if I may, I ask unanimous consent So we will vote next week. I hope As the grand jury opened its that the Senate proceed to the consid- there are not other kinds of road- harrowing report: eration of a Senate resolution express- blocks—unfounded roadblocks—thrown This case is about a doctor who killed ba- ing the sense of the Senate regarding into the path of his confirmation. We bies and endangered women. What we mean all incidents of abusive, unsanitary, or will do everything we can to make sure is that he regularly and illegally delivered illegal health care practices be con- this good person takes his rightful live, viable babies in the third trimester of demned—the text is at the desk; and I place as our next Secretary of Labor. pregnancy—and then murdered these ask that the resolution be agreed to, I suggest the absence of a quorum. newborns by severing their spinal cords with the preamble be agreed to, and the mo- scissors. The PRESIDING OFFICER. The tion to reconsider be laid upon the clerk will call the roll. Yet according to defense attorneys, table with no intervening action or de- The bill clerk proceeded to call the Dr. Gosnell is not a monster, not a se- bate. roll. rial killer, not a predator of vulnerable The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- mothers and their helpless children. He objection? ator from Utah. is just an abortionist. The Senator from Utah. Mr. LEE. Mr. President, I ask unani- Mr. President, let me suspend my Mr. LEE. Reserving the right to ob- mous consent that the order for the speech momentarily. I understand my ject, as my friend, the Senator from quorum call be rescinded. friend, the Senator from Connecticut, Connecticut, is aware, we have only The PRESIDING OFFICER. Without wishes to make a motion. just received the language of this reso- objection, it is so ordered. The PRESIDING OFFICER. The Sen- lution in the last few minutes. Without ator from Connecticut. f having to read it closely, I am reluc- Mr. BLUMENTHAL. Mr. President, I tant to grant consent at this time. But UNANIMOUS CONSENT REQUESTS wish to offer the resolution that I and I will say I am heartened, and I think Mr. LEE. Mr. President, I ask unani- Senator BOXER, who is a long-time all Americans should be heartened, and mous consent that the Senate proceed champion of better health care for the the entire pro-life movement should be to the consideration of S. Res. 133 sub- citizens of our country, and Senator heartened by the clear implication that mitted earlier today. I further ask SHAHEEN, expressing the sense of the health regulations should be equitably unanimous consent that the resolution Senate that these practices will not be applied and enforced on abortion clin- be agreed to, the preamble be agreed tolerated in any setting, regardless of ics as they are on other health care fa- to, and the motion to reconsider be personal beliefs about the type of cilities. made and laid upon the table, with no health care being offered. Part of the reason we fear that Dr. intervening action or debate. This resolution is broader than the Gosnell’s clinic, if, in fact, the allega- The PRESIDING OFFICER. Is there resolution of the Senator from Utah. I tions are proven true, was not a rare objection? understand and sympathize with the outlier is that abortion clinics are gen- The Senator from Connecticut. basic objectives which, as I understand erally held to the same safety stand- Mr. BLUMENTHAL. Reserving the it, are to improve health care generally ards as hospitals, ambulatory, surgical right to object, I will have a request and to make sure the kinds of abuses facilities, et cetera. So on that basis, I with another resolution momentarily, being prosecuted in Philadelphia will object. but I understand the resolution of my not occur anywhere in this country. The PRESIDING OFFICER. Objec- friend from Utah. I believe this prob- I offer my resolution calling on the tion is heard. lem is broader than the one cited in his Senate to condemn such practices in The Senator from Utah. resolution. In fact, looking to the con- all health care settings, be they clinics Mr. LEE. Mr. President, if I may con- duct of the Philadelphia instance, I or hospitals, dental offices, anywhere tinue my remarks which I started a few would prosecute that case to the fullest in this country. They may be a small moments ago. extent of the law. I think the conduct— fraction and, hopefully, are a very According to his defense attorneys, or, more correctly, misconduct—in small fraction, of the kinds of cases we then, Dr. Gosnell is not a monster, not that instance was absolutely despicable would want to condemn. But we should a serial killer, not a predator of help- and abhorrent. condemn them wherever they occur, less mothers and their children. He is I am concerned about patient safety not just in one instance, not just sin- just an abortionist. In this context, Dr. in a variety of areas. They may be a gling out one case, but everywhere, Gosnell’s alleged crimes were just small fraction of the total number of anytime. abortions, and his facility, the so- health care cases in this country, but I might add as a former U.S. attorney called Women’s Medical Society—re- anytime, anywhere patients are endan- that while this case is before the jury, portedly strewn about with animal gered or threatened by criminal con- I think we need to be very careful waste, infectious instruments, and duct or malpractice, people should be about what we say in a public forum as fetal remains—was not, as the grand prosecuted and disciplined to the full respected as this one about the facts of jury alleged, ‘‘a baby charnel house.’’ extent of the law. These cases shock that case and about potentially pre- No, it was just a clinic. and horrify our sense of decency and judging the result. My understanding is His staff of allegedly unqualified, un- we understand the responsibility of the jury has not yet come back. If the trained frauds were not coconspirators health care practitioners anywhere, allegations are true—if the jury con- in the contract killing of newborns. No, anytime. cludes they have been proved beyond a they were just health care providers. My resolution, which I intend to offer reasonable doubt—then the punish- And the failure of local health inspec- after the Senator from Utah concludes ment should certainly be sufficiently tors and political officials to inves- his, will call upon our colleagues to severe and serious to fit those cir- tigate repeated claims of Dr. Gosnell’s condemn these actions in all health cumstances and well deserving of our barbarism was just a bureaucratic care settings, whether clinics, hos- condemnation. But equally deserving oversight—perhaps—or perhaps, as the

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.053 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3240 CONGRESSIONAL RECORD — SENATE May 8, 2013 panicked abortion industry would have If there are other Kermit Gosnells We also ought to talk about the nurs- us believe, Dr. Gosnell is an outlier, an out there waging their own personal ing director at Kern Valley nursing outcast, nothing like the professional, war on women, we need to know about home in California who inappropriately competent, law-abiding late-term abor- it, and we need to stop them. medicated patients using antipsychotic tion providers around the country. But I don’t think I can make a stronger drugs for her own convenience, result- then again perhaps not. argument for this resolution than the ing in the death of at least one patient. Just a few weeks ago, a Planned Par- one the grand jury in the Gosnell case We should be talking about the enthood representative testified before made itself: compounding pharmacies in Massachu- the Florida State legislature and sug- Let us say right up front we realize this setts and elsewhere in this country gested that infants born alive during case will be used by both sides of the abor- that provided products that killed and botched abortions might not be enti- tion debate. We ourselves cover a spectrum harmed thousands of people. tled to medical attention—in clear vio- of personal beliefs about the morality of These incidents, as alleged, are will- lation of Federal law, to say nothing of abortion. For us as a criminal grand jury, ful violations of law, violations of however, the case is not about that con- fundamental human rights and dignity. human dignity and decency, that ought troversy; it is about disregard of the law and to shock the conscience of the Nation Even since then, undercover videos disdain for the lives and health of mothers have caught late-term abortion pro- and infants. We find common ground in ex- every bit to its core as much as the al- viders telling pregnant mothers that posing what happened here and in recom- leged misconduct and potential crimi- even if their babies are accidentally mending measures to prevent anything like nal activity in Pennsylvania. born alive during the procedure, even if this from ever happening again. These standards of care—or more ap- the law requires them to treat the new- I hope the Senate too, whose Mem- propriately and correctly, the violation born as a patient and citizen of the bers cover a similar spectrum of views of them—are simply unacceptable and United States, and also telling them on abortion, can follow the grand intolerable, which is why my resolu- that even if the baby is born some- jury’s lead to find common ground in tion would take as common ground the where other than their clinic, they will the pursuit of truth and justice for alleged Pennsylvania misconduct and see to it that the child does not sur- American women and children. include many other instances where vive. Thank you, Mr. President. standards of care—basic standards of So is the case of Dr. Gosnell an The PRESIDING OFFICER. The Sen- decency and trust—are violated. I ask outlier or is the legitimacy of the late- ator from Connecticut. my friend from Utah to join me in es- term abortion industry merely a lie? Mr. BLUMENTHAL. Again, Mr. pousing a resolution that establishes The American people deserve to know. President, I accept and sympathize this kind of common ground. Yesterday I introduced legislation to with the goals of the resolution offered Thank you, Mr. President. end the practice of late-term abortion by my friend from Utah. What I am The PRESIDING OFFICER. The Sen- in Washington, DC, after 20 weeks, the suggesting is a resolution that includes ator from Utah is recognized. point at which science tells us unborn those criminals who may be posing as Mr. LEE. Mr. President, I appreciate children can feel pain, in light of the health care practitioners in one field of the insight and the concern shared by chilling details coming in from Penn- practice but extends the condemnation my friend and colleague from Con- sylvania, Maryland, the District of Co- to all areas of practice. necticut. These are all things we all lumbia, and various abortion clinics I hope Senator LEE, my friend from ought to be thinking about, be con- around the country that late-term Utah, will share my outrage at rep- cerned about, and be debating from abortions on pain-capable, unborn chil- rehensible and illegal actions that time to time. To reiterate one of the dren are an important issue we need to occur, unfortunately and tragically, in points we need to make here: As with debate. other areas of practice. Let me men- all health-care-providing institutions, Opinions will obviously be divided, as tion a few. all clinics, all hospitals need to be sub- they always are on abortion-related We ought to speak about the tragedy jected to the scrutiny of some outside issues. But we owe it to the American at the Pennsylvania clinic, where these regulator. They need to have some ac- people to see if we can find common incidents occurred, but we also should countability to those who will ensure ground to protect innocent women and talk about the Oklahoma dentist who that conditions there are safe, that the innocent children. exposed as many as 7,000 patients to treatments being provided are effec- But there should be no division or HIV and hepatitis B and C through un- tive, and that they are not going to re- controversy surrounding the sense-of- sanitary practices. Thousands of his sult in more injury, in more disease, in the-Senate resolution I called up a few patients are being tested to see if they life-threatening conditions, in emer- minutes ago. The resolution has the have been infected. So far 60 of his pa- gency responders who show up not support of every Republican Senator, tients have tested positive for these vi- being able to access the patient in time pro-life and pro-choice Members alike. ruses. That is 60 people who trusted because the hallways are too narrow, The resolution expresses the sense of their dentist, a health care provider in the exits are blocked or the hallways the Senate, affirming: The duty of the a position of trust and responsibility, are crowded. State and Federal Government agen- relying on him to respect and care for I appreciate the insight from my col- cies to protect women and children them safely and responsibly, and, in- league from Connecticut and thank from violent criminals posing as health stead they are now facing potentially him for his remarks. Thank you, Mr. President. care providers; the equal human and life-threatening diseases that are as ab- constitutional rights of fully born in- horrent and despicable in the lack of f fant children; the need to prevent and responsibility and care as what hap- WATER RESOURCES DEVELOP- punish abusive, unsanitary, and illegal pened in Pennsylvania. We ought to MENT ACT OF 2013—Continued abortion practices. talk about that incident with the same Mrs. BOXER. Mr. President, can I One of the newborns Dr. Gosnell is outrage that we talk about what hap- ask what the order is at this time? accused of murdering, ‘‘Baby Boy A,’’ pened, allegedly, in Pennsylvania. The PRESIDING OFFICER. The Sen- was born alive—breathing and mov- We ought to speak about the health ate is considering S. 601. ing—to an underage girl almost 30 care practitioners at the Endoscopy Mrs. BOXER. OK. So this is my un- weeks pregnant. Witnesses describe Center of Southern Nevada who ex- derstanding: I ask Senator Gosnell severing the baby’s spine, dis- posed 40,000 patients to hepatitis C BLUMENTHAL, do you have more to say carding the child in a shoebox, and jok- through unsanitary practices. These on this matter with the resolution? ing that he was big enough ‘‘to walk unsanitary practices went on for years, Mr. BLUMENTHAL. I do not. me to the bus stop.’’ and that is why this clinic may have Mrs. BOXER. OK. I know Senator Joking. Joking. hurt as many as 40,000 people. We are COATS has some very important re- A clinic employee estimated Baby talking about 40,000 people, again, ex- marks to make about the death of a Boy A’s birth weight at about 6 pounds, posed to unnecessary danger because of figure whom he cares about very much. larger and heavier than two of my own the lack of trust and responsibility on What I wish to propose, if I can, is to children when they were born. the part of their health care provider. talk a little bit about this little back

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.056 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3241 and forth we had going between my volved in issues that deal with medical then subsequently was elected to seven two friends here, and then immediately errors. I was stunned to find out, as I consecutive house terms, beginning in following what will only take about 2 think are my colleagues—as a matter 1960. He became minority leader in 1965 or 3 minutes is to yield the floor to of fact, I met with a doctor from a and speaker in 1967. He served as speak- Senator COATS for 10 minutes. Texas hospital where they have im- er of the Indiana House through four Mr. COATS. Less than that. proved very much where they were los- legislative sessions. Mrs. BOXER. Less than that. For the ing patients, dozens of patients every As the 44th Governor of Indiana, from benefit of all Senators, we think we are month, because of medical errors, ter- 1973 to 1981, Dr. Bowen served Hoosiers going to have a vote tonight on the rible errors that are preventable errors: with dignity and respect. His tenure in- Brown amendment. So everyone stay the wrong prescriptions, the lack of cluded numerous accomplishments, in- around. We are hoping to have that in monitoring, infections, terrible infec- cluding landmark tax restructuring, the next half hour or so. That is our tions in hospitals. These are all hor- improvements to State park facilities, plan. We hope it will happen. rible deaths that are preventable. and the development of a Statewide But I wanted to say in this back and I think my colleague’s resolution was emergency medical services system. forth we heard between two Senators very statesmanlike. I think what he One of the most significant accom- why I was very strongly for the resolu- did was he said to our colleagues who plishments of Governor Bowen was a tion that was put forward by Senator wanted to pass their resolution: Of medical malpractice bill he signed into BLUMENTHAL. course we will work with you. Let’s law. Aimed to reduce the cost of health Clearly, what we have in our society broaden it. Let’s include condemnation insurance and the burden on doctors, today are callous, abusive, unsanitary, of other horrible tragedies that are oc- Governor Bowen’s medical malpractice or illegal health care practices. These curring throughout the Nation, not law became a national model. horrible, callous practices turn into just this one case, which is tragic and Hoosiers will also remember the Gov- tragedies. They produce tragedies. As despicable and every word I could ernor’s passionate love of Indiana bas- Senator BLUMENTHAL said, it goes think of, but all these other cases, so ketball. When the TV cameras would across a wide array of various health we do not every day come here with an- scan the players’ bench, there was Doc, care settings. other example. This is a broad problem We do not come down here every day encouraging the team and, at times, in our country. We do the best out of casting a critical eye on the referee to call out one horrific problem after most developed countries, but we still another. Certainly what has happened who just missed an important call. have a long way to go. Following his service as Governor, in Pennsylvania—and, again, I would I wanted to explain why I supported take the admonition of Senator Dr. Bowen returned to medicine as a my friend when he opposed the nar- professor at the Indiana University BLUMENTHAL, who was a prosecutor, we rower resolution and support his broad have to be careful when a jury is delib- Medical Center. resolution. I would urge my colleagues But his time in public service did not erating—but certainly if these allega- to work with us. tions are true, the individuals involved end there. President Ronald Reagan With that, I yield the floor to my called Dr. Bowen out of private life and should be punished to the full extent of friend from Indiana. back into public service in 1985 by nam- the law—and the toughest kind of pun- The PRESIDING OFFICER (Mr. ing him Secretary of Health and ishment—and I believe in other cases BLUMENTHAL). The Senator from Indi- too. ana. Human Services—the first physician to I know my colleague has talked Mr. COATS. Mr. President, I thank serve in this position. about a horrible situation in southern my colleague for allowing me to speak In 1989, Dr. Bowen returned to his Nevada, where 40,000 patients were ex- as in morning business, and I ask unan- Bremen home and continued to serve posed to hepatitis C. Hepatitis C is a imous consent to do that. others through various charities and serious and life-threatening condition. The PRESIDING OFFICER. Without commissions. Mr. President, 40,000 people were ex- objection, it is so ordered. I was privileged to be able to meet posed to it. They did nothing. That is REMEMBERING OTIS RAY BOWEN with him on some occasions—quietly, deserving of condemnation as well. Mr. COATS. Mr. President, this past nonpublicly, just sharing stories, talk- He talked about a nursing home in Saturday my State of Indiana lost a ing about his career, and, more impor- California, where we had the death of a humble giant whose soft-spoken yet tantly, his love for Indiana, his love for patient because the nurse in that par- very firm convictions influenced many his wife, his love for his country. ticular case—and nurses are some of Hoosiers for many years, including me. This good doctor and good Governor the most extraordinarily wonderful Former Indiana Governor Otis Ray will long be remembered as an example people, but in this particular case she Bowen, known affectionately to Hoo- of political leadership and human de- had her own convenience ahead of the siers as ‘‘Doc,’’ passed away at the age cency. The imprint of his leadership situation. She improperly medicated of 95, the culmination of a life spent in and, most of all, the imprint of his patients using antipsychotic drugs, and service to others. character will live on in the minds and we know one patient died. Born in 1918, near Rochester, IN, Doc hearts of Hoosiers for generations to Whatever the setting is—if it is a re- Bowen earned both a bachelor’s degree come. productive health care clinic, if it is a and a medical degree from Indiana Uni- My wife Marsha and I join millions of dentist, if it is any type of doctor, any versity, joining the Army Medical Hoosiers as we extend our deepest con- kind of clinic—where there are willful Corps, after completing his internship, dolences to his family and also our violations of the law and violations of in 1943. gratitude for his shining example of a human dignity and violations of stand- He served in the Medical Corps of the life well lived. ard of care, we should call them out. U.S. Army during World War II and Mr. President, I yield the floor. What I thought was so important went ashore with the first wave of Al- The PRESIDING OFFICER. The Sen- about Senator BLUMENTHAL’s resolu- lied troops during the invasion of Oki- ator from California. tion is that he took the spirit of Sen- nawa in 1945. Mrs. BOXER. Mr. President, I thank ator LEE’s resolution. He did. He actu- After the end of the war, Doc Bowen my colleague for his very warm re- ally included in that what occurred in started a family medical practice in marks. Pennsylvania. And we did get it to the Bremen, IN, which he continued for the I ask unanimous consent that not- Republicans 2 hours ago, so it was not next 25 years. He estimated that during withstanding the previous order, the a few minutes. I think that is a case in his career this family doctor delivered Brown amendment No. 813, as modified point where we could come together, more than 3,000 babies. with the changes that are at the desk, where we say: Absolutely what hap- He was first elected to political office also be in order; that there be no pened in Pennsylvania is an outrage, it in 1952 as Marshall County’s coroner amendments in order to the Brown is a violation of everything we hold and then to the Indiana House of Rep- amendment prior to a vote in relation dear; and here are some other cases. resentatives in 1956. to the amendment; that at 5:45 p.m. As long as I have the floor, I will con- Doc lost the reelection following that today, the Senate proceed to vote in re- clude with this: I have been getting in- 2-year stint by only 4 votes in 1958 but lation to the Brown amendment No.

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.057 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3242 CONGRESSIONAL RECORD — SENATE May 8, 2013 813, as modified; further, that all other The Senator from Ohio [Mr. BROWN], for (E) a cross-cut accounting of Federal and provisions of the previous order remain himself, Mr. TOOMEY, Mr. CASEY, Ms. KLO- non-Federal expenditures to control the in effect. BUCHAR and Mr. DURBIN, proposes an amend- spread of Asian carp in the Upper Mississippi The PRESIDING OFFICER. Is there ment numbered 813, as modified. and Ohio River basins and tributaries. objection? Mr. BROWN. Mr. President, I ask Mr. BROWN. Mr. President, I am Without objection, it is so ordered. unanimous consent that the reading of pleased to offer today, with my col- The PRESIDING OFFICER. The Sen- the amendment be dispensed with. leagues from Pennsylvania, Senator ator from California. The PRESIDING OFFICER. Without TOOMEY and Senator CASEY, this Mrs. BOXER. Mr. President, I just objection, it is so ordered. amendment. As many of you know, the asked unanimous consent to vote on The amendment is as follows: spread of Asian carp poses a threat to the Brown amendment. I am going to (Purpose: To provide a multiagency effort to the Great Lakes’ ecosystem. Because of be supporting that amendment. I think slow the spread of Asian carp in the Upper the work of my Great Lakes State col- it is an important amendment. I just Mississippi and Ohio River basins and trib- utaries) leagues from Minnesota to Michigan, want to say to colleagues, we are mak- Pennsylvania, we are working to ad- ing progress. It is not as fast as Sen- At the end of title V, add the following: SEC. 50lll. MULTIAGENCY EFFORT TO SLOW dress this problem. ator VITTER and I would like, but con- THE SPREAD OF ASIAN CARP IN THE But it is not, contrary to what many sidering the Senate it is not bad. We UPPER MISSISSIPPI RIVER AND believe, limited just to the Great have moved through a number of OHIO RIVER BASINS AND TRIBU- Lakes. The Ohio and Upper Mississippi TARIES. amendments already, one particularly River Basins also face the threat of contentious amendment. (a) MULTIAGENCY EFFORT TO SLOW THE SPREAD OF ASIAN CARP IN THE UPPER MIS- these invasive species. This no-cost We are moving toward the finish line. SISSIPPI AND OHIO RIVER BASINS AND TRIBU- amendment that Senator TOOMEY and I I urge everyone to get their amend- TARIES.— are offering would support multiagency ments in. I urge them, as best I can, to (1) IN GENERAL.—The Director of the efforts to hold the spread of Asian carp stay away from nongermane amend- United States Fish and Wildlife Service, in in the Ohio and Upper Mississippi ments that are controversial, that coordination with the Chief of Engineers, the Basin. Director of the National Park Service, and cause us to pause in our work. This is I ask my colleagues for their support. an important bill. This bill was last the Director of the United States Geological Survey, shall lead a multiagency effort to I suggest the absence of a quorum. done in 2007. You would ask, why does The PRESIDING OFFICER. The it take so long? We used to do these slow the spread of Asian carp in the Upper Mississippi and Ohio River basins and tribu- clerk will call the roll. bills every 2 or 3 years. But the reason taries by providing high-level technical as- The assistant legislative clerk pro- it has taken this long, in the interim sistance, coordination, best practices, and ceeded to call the roll. we decided we would no longer have support to State and local governments in Mr. TOOMEY. Mr. President, I ask earmarks. carrying out activities designed to slow, and unanimous consent that the order for That made this bill particularly dif- eventually eliminate, the threat posed by the quorum call be rescinded. ficult because normally we would men- Asian carp. The PRESIDING OFFICER. Without tion the projects by name. We could (2) BEST PRACTICES.—To the maximum ex- objection, it is so ordered. not do that. So we had to figure a way tent practicable, the multiagency effort Mr. TOOMEY. Mr. President, I would to move forward by making sure we shall apply lessons learned and best practices such as those described in the document pre- like to begin by thanking my colleague never listed any particular project. We pared by the Asian Carp Working Group enti- Senator BROWN for his leadership on did it in a good way. We said if there is tled ‘‘Management and Control Plan for Big- this issue, and Senator CASEY, my col- a completed Army Corps report, the head, Black, Grass, and Silver Carps in the league from Pennsylvania, who is sup- project runs forward. If there is a modi- United States’’, and dated November 2007, portive of this effort as well. fication that has to be made that did and the document prepared by the Asian This is not a complicated amend- not add to the cost of the project, it Carp Regional Coordinating Committee enti- ment. I do not think it is a controver- goes forward. In the future the local tled ‘‘FY 2012 Asian Carp Control Strategy sial amendment either. The fact is in governments can come forward and Framework’’ and dated February 2012. (b) REPORT TO CONGRESS.— southwestern Pennsylvania, we have pitch to the Corps directly. We need (1) IN GENERAL.—Not later than December three iconic rivers. In northwestern flood control in this country. We know 31 of each year, the Director of the United Pennsylvania we have access to and a that. We knew that before Superstorm States Fish and Wildlife Service, in coordi- coastline along a beautiful and impor- Sandy. We certainly know it now. We nation with the Chief of Engineers, shall sub- tant national treasure, Lake Erie. need port dredging in this country to mit to the Committee on Appropriations and On all of these, the rivers and Lake move our goods. Our goods must be the Committee on Natural Resources of the Erie, the commerce and the recreation moved, and goods to our country have House of Representatives and the Committee that occurs on these waterways are po- to come into our ports. on Appropriations and the Committee on En- vironmental and Public Works of the Senate tentially at risk to an invasion of the We need environmental restoration. a report describing the coordinated strate- Asian carp. This, as we all know, is a We need to take care of the Everglades. gies established and progress made toward very aggressive, large, nonindigenous We need to take care of the Chesa- goals to control and eliminate Asian carp in species that could be very disruptive to peake. I have a place called the Salton the Upper Mississippi and Ohio River basins the ecosystem of the rivers, to the eco- Sea that is drying up. We need to take and tributaries. system of Lake Erie. care of these kinds of challenges. We (2) CONTENTS.—Each report submitted What we discovered is that there is are going to turn to the Brown amend- under paragraph (1) shall include— no single entity in the entire Federal ment. I am going to give up the floor (A) any observed changes in the range of Asian carp in the Upper Mississippi and Ohio Government that is responsible for co- now and hope he will explain it. I will River basins and tributaries during the 2- ordinating our response, a response be strongly supporting it. year period preceding submission of the re- that will help to minimize the risk I yield the floor. port; The PRESIDING OFFICER. The Sen- that the Asian carp would be able to (B) a summary of Federal agency efforts, invade the waterways and ultimately ator from Ohio. including cooperative efforts with non-Fed- AMENDMENT NO. 813, AS MODIFIED eral partners, to control the spread of Asian make their way into the Great Lakes. Mr. BROWN. I thank the Senator carp in the Upper Mississippi and Ohio River It would be potentially devastating if from California, the chair of the com- basins and tributaries; the Asian carp were to do so. We have mittee who has done an extraordinary (C) any research that the Director deter- introduced this amendment to this bill mines could improve the ability to control job with Senator VITTER on this bill. which would simply do two things. It the spread of Asian carp in the Upper Mis- would place the U.S. Fish and Wildlife I ask unanimous consent to call up sissippi and Ohio River basins and tribu- amendment No. 813. Service in charge of coordinating the taries; Federal multiagency effort. That would The PRESIDING OFFICER. Without (D) any quantitative measures that Direc- objection, it is so ordered. tor intends to use to document progress in include the National Park Service, the The clerk will report. controlling the spread of Asian carp in the U.S. Geological Survey, and the Army The assistant legislative clerk read Upper Mississippi and Ohio River basins and Corps of Engineers. It would require an as follows: tributaries; and annual report on what is being done at

VerDate Mar 15 2010 04:26 May 09, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.058 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3243 the Federal and State level to mini- I hope we could get this bill done as ment and use that intelligence to make mize the risk of an invasion of the quickly as possible. It is an important money on Wall Street. Each detail a Asian carp. bill for every State in the Union. I hope political intelligence firm gathers may As I say, I believe this is a very con- it is not bogged down with a lot of non- not be material or nonpublic on its structive, modest amendment. I trust relevant, nongermane amendments. If own, but the purpose of collecting and it is not controversial. I urge my col- people want to offer them, have at it. I analyzing those details is to get an leagues to support the amendment. just don’t think it is the right thing to edge in the markets over other inves- I yield the floor. do on this bill. We have already been tors. The PRESIDING OFFICER. The Sen- through that. I have talked to Senator That is not illegal, and I have never ator from Ohio. BOXER and Senator VITTER and they suggested that it should be. People Mr. BROWN. I ask for the yeas and want to move through this bill. should not be discouraged from sharing nays on the Brown amendment. There is a lot of good stuff in this information and opinions about how The PRESIDING OFFICER. The legislation, and they have worked so our government operates. We should be question is on agreeing to the amend- hard. They have listened to all of their more transparent, not less. The less ment of the Senator from Ohio, Mr. colleagues who have situations, and open and transparent government is, BROWN. some of that can be resolved with a the more opportunities there are to ex- Is there a sufficient second? managers’ amendment. So if Senators ploit government information for prof- There is a sufficient second. The clerk will call the roll. have to offer an amendment, go ahead it in the markets. The assistant legislative clerk called and offer it, but let’s try to get this I have been investigating the role of the roll. legislation complete. political intelligence firms in the early Mr. DURBIN. I announce that the Monday is a no-vote day. We should release of information about Medicare Senator from Maryland (Mr. CARDIN), do everything tomorrow to at least Advantage rates prior to the public an- the Senator from New Jersey (Mr. LAU- come up with a finite list of amend- nouncement on April 1st. There has TENBERG), and the Senator from Mis- ments because we are not going to been some confusion over the scope of souri (Mrs. MCCASKILL) are necessarily spend all week on this bill next week, my inquiry, so I want to be clear. absent. that is for sure. There are reports that the Securities Mr. CORNYN. The following Senators The PRESIDING OFFICER. The Sen- and Exchange Commission is inves- are necessarily absent: the Senator ator from Iowa. tigating whether material non-public Mr. GRASSLEY. Mr. President, I ask from Nevada (Mr. HELLER) and the Sen- information was released about the unanimous consent to speak as in ator from Nebraska (Mr. JOHANNS). Medicare Advantage rates. My interest The PRESIDING OFFICER. Are there morning business for 10 or 11 minutes. is much broader than that. Political in- any other Senators in the Chamber de- The PRESIDING OFFICER. Without telligence is not the same thing as ma- siring to vote? objection, it is so ordered. terial non-public information. Gath- The result was announced—yeas 95, INSIDER TRADING LAWS ering political intelligence includes a nays 0, as follows: Mr. GRASSLEY. Mr. President, with lot of activity that falls short of mate- [Rollcall Vote No. 117 Leg.] the passage of the STOCK Act last rial non-public information. So, just YEAS—95 year, Congress made an important because I am asking questions about statement: When it comes to insider how certain information or expert Alexander Flake Murphy Ayotte Franken Murray trading laws, there is no special exemp- opinions flowed to these political intel- Baldwin Gillibrand Nelson tion for Congress. If anyone in govern- ligence firms, does not mean I am ac- Barrasso Graham Paul ment provides confidential information cusing anyone of any wrongdoing. Baucus Grassley Portman to someone for the purpose of trading I am not seeking to ban the gath- Begich Hagan Pryor Bennet Harkin Reed on it, that is insider trading. ering of political intelligence. I am not Blumenthal Hatch Reid It is illegal if the information is both suggesting that if someone was the Blunt Heinrich Risch material and nonpublic. The word ‘‘ma- source for some piece of political intel- Boozman Heitkamp Roberts Boxer Hirono terial’’ means a reasonable investor ligence, that the source did anything Rockefeller Brown Hoeven Rubio would want to know it before invest- illegal. But, the goal of these firms is Burr Inhofe Sanders ing. ‘‘Nonpublic’’ means the informa- to get an edge on other investors, and Cantwell Isakson Schatz Carper Johnson (SD) tion has not been released to the gen- that should be understood by everyone Schumer Casey Johnson (WI) eral public. To violate the law, the per- who communicates with them. Chambliss Kaine Scott This investigation has shed a great Sessions son making the disclosure must have a Coats King duty to keep the information secret. deal of light on the political intel- Coburn Kirk Shaheen Cochran Klobuchar Shelby Frankly, there is very little informa- ligence industry. I hope to use this in- Collins Landrieu Stabenow tion in Congress that must be kept se- formation to improve the legislation Coons Leahy Tester cret. Of course, that is a good thing. on political intelligence disclosure that Thune Corker Lee Unlike the executive branch, most of I plan to re-introduce with Representa- Cornyn Levin Toomey Cowan Manchin Udall (CO) what Congress does is public imme- tive SLAUGHTER. I am trying to learn Crapo McCain Udall (NM) diately. But disclosing material non- how these political intelligence firms Cruz McConnell Vitter public information can be a crime. function by using this real-world exam- Donnelly Menendez Warner Durbin Merkley Warren Even if it is done intentionally, people ple, so that I can write better legisla- Enzi Mikulski Whitehouse might be investigated before getting a tion on disclosure. Feinstein Moran Wicker chance to clear their name. And there To be clear, I am not focused on ex- Fischer Murkowski Wyden is a big difference between material amining whether particular Congres- NOT VOTING—5 nonpublic information and an expert’s sional staff acted properly with regard Cardin Johanns McCaskill educated guess about what a govern- to their professional duties. Any re- Heller Lautenberg ment agency might do. ports to the contrary are simply inac- The amendment (No. 813), as modi- We now know that Wall Street has curate. What I think we need is more fied, was agreed to. been harvesting expertise and tidbits of transparency. Government officials The PRESIDING OFFICER. The ma- information from Washington, DC, for need to know what happens with the jority leader. years while keeping us largely in the information they provide to outside Mr. REID. Mr. President, we have dark. In fact, the political intelligence parties. I want to arm government offi- made progress on this bill in the last industry is so big and so opaque that cials with knowledge about who they couple of days. We have had a difficult the Government Accountability Office are talking to. time on some of the amendments that was unable to quantify it or judge its My inquiry started with Height Secu- were nongermane, but we worked our size despite 1 whole year of inves- rities, the firm that put out an alert 18 way through those. The two managers tigating. minutes before the markets closed on on this bill are waiting for amend- Political intelligence firms extract April 1st. That alert caused a huge ments to be offered. pieces of information from the govern- spike in the health insurance stocks

VerDate Mar 15 2010 04:26 May 09, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.061 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3244 CONGRESSIONAL RECORD — SENATE May 8, 2013 that stood to gain from the rate an- provide is merely an educated guess, it William Wilkerson, a 16-year-old from nouncement. can still move markets. It can still cre- Overland Park, KS. At age 3, William I initially learned that an email on ate an impression that a fortunate few was diagnosed with moderate to severe April 1st from a healthcare lobbyist to are making money from special access bilateral hearing loss. the analyst at Height Securities looked to insiders. After visiting several doctors, Wil- like the basis for the flash alert that If political intelligence transparency liam was taken to Children’s Mercy moved the markets. In the interest of is passed, government officials would Hospital, where he was fitted with his full disclosure, it has been reported in be more fully informed when they pro- first set of hearing aids. He later put the press that the lobbyist was for- vide expertise to these firms about how into words what he experienced that merly on my staff. But, I continued to the information might be used. But as day: With so many different things press for more information. things stand, without transparency, that I had never heard before, it was as I learned that Height paid for his ex- you do not necessarily know what if somebody had turned on the world! pertise on healthcare, although his en- firms like Height Securities or Capitol Denise Miller, the manager of the tire billing amounted to only 1.75 hours Street do with the information you Children’s Mercy Hearing and Speech of work before sending the email on provide to them. You don’t know if Clinic, said this about the importance April 1st. I learned that the Height an- they have a contract with a lobbyist of donations: Because of the donor sup- alyst had also communicated with two who is bringing in some other client for port we receive, we are able to fit the other healthcare policy experts before a meeting. You don’t know that your most appropriate hearing aids on each putting out his alert to the market. discussion with that lobbyist’s client and every child, based on their own Then, I learned that the Centers for might be repeated to people who are unique needs. Medicare and Medicaid Services— looking for an edge in the stock mar- In 2011, the clinic fit nearly 500 pa- CMS—had already made its decision to ket. What you think may be an inno- tients with hearing aids bringing the reverse the rate cuts much earlier, two cent detail or an educated guess may world of sound to their ears and chang- weeks before the Height Securities move markets. ing their lives forever. Nonprofits like Children’s Mercy alert. At the end of the day, that is what Hospital depend on the generosity of The press has reported that there these firms want to exploit. That is Kansans and other Americans to help were major spikes in options trading what they are after. That is what they on March 18th and March 22nd. Options support their ongoing care for children. sell. They should be honest and upfront But President Obama has proposed trading is one way folks on Wall Street with people about how they make changes to the 100-year-old tradition of make big bets on a stock when they money. Lobbying disclosure isn’t per- providing tax incentives for charitable think they have a sure thing. March fect, but it has brought more trans- giving that could significantly dimin- 18th happens to be the first trading day parency to the process. ish this support for nonprofits. after CMS made its decision internally. Now, we need political intelligence In the President’s 2014 budget is a March 22nd happens to be the day that disclosure too, for the same reasons. proposal to cap the total value of tax CMS transmitted its draft decision to Transparency increases the public’s deductions at 28 percent for higher in- the White House more than a week be- ability to trust that we are working for come Americans—including the chari- fore the public announcement. On that them, not for just for special interests. table tax deduction. date, the circle of people in the admin- That principle should apply just as According to the Charitable Giving istration who would have known about much to special interests on Wall Coalition, this proposal could reduce the CMS decision expanded signifi- Street as it does to special interests on donations to the nonprofit sector by cantly. K Street. more than $5.6 billion every year. This This suggests that political intel- I yield the floor. reduction amounts to more than the ligence firms may have obtained key The PRESIDING OFFICER. The Sen- annual operating budgets of the Amer- information for their clients in mid- ator from Rhode Island. ican Red Cross, Goodwill, the YMCA, March, not just the day of the an- Mr. WHITEHOUSE. Mr. President, I Habitat for Humanity, the Boys and nouncement on April 1st. ask consent to follow Senator MORAN Girls Clubs, Catholic Charities, and the The press also reported on the pos- at the conclusion of his remarks. American Cancer Society combined. A sible involvement of another political The PRESIDING OFFICER. Without reduction in giving of this magnitude intelligence firm, Capitol Street. Cap- objection, it is so ordered. would have a devastating impact on itol Street arranges conference calls The Senator from Kansas. the future of charitable organizations between investors and governments ex- Mr. MORAN. Mr. President, I ask in our country. perts. unanimous consent to address the Sen- Given our country’s current eco- In addition, I have asked two major ate as in morning business. nomic situation, more Americans have hedge funds mentioned in the press The PRESIDING OFFICER. Without turned to nonprofits for help in recent whether they profited from trades in objection, it is so ordered. years. According to the Nonprofit Fi- advance of the rate announcement. So CHARITABLE GIVING nance Fund, 85 percent of nonprofits the scope of my inquiry is broad. It is Mr. MORAN. Mr. President, April 15 experienced higher demand for their not focused on particular people. It is has now come and gone, known as tax services in 2011 and at least 70 percent focused on the facts. day to most Americans. Millions of have seen increased demand since 2008. The Securities and Exchange Com- Americans filed their returns last Our country depends upon a strong mission is also investigating. It is their month and many took into account in philanthropic sector to provide a safety job to determine whether any material filing that return the dollars they con- net for services, especially given the non-public information was passed to tributed to charitable and worthwhile tighter local and State budgets. Height or to anyone else in this case. causes. According to an organization Americans understand the value and That is not my job. called Giving USA, Americans gave impact of the charitable deduction, I am working on legislation to make nearly $300 billion in 2011 to support which is why a recent United Way the political intelligence industry important programs and services, from Worldwide survey found that two out more transparent. I am gathering facts food pantries and medical research to of every three Americans are opposed to inform that legislation. youth programs and seed grants to to reducing the charitable tax deduc- Remember, political intelligence start new businesses. Because of those tion. does not necessarily involve material generous donations of millions of Nonprofits are best equipped to pro- non-public information. But, people in Americans each year, not-for-profits vide assistance on the local level and government need to know who they are have impacted the lives of countless in- can often do so in a far more effective talking to and what they will do with dividuals for decades. manner than many government pro- your information. That is why it is so An example back home in my State, grams. Studies have shown that for important to ensure that political in- an example of where a charitable con- every $1 subject to the charitable de- telligence relationships are trans- tribution made a tremendous dif- duction, communities will receive $3 in parent. Even if the information you ference in the life of an individual is benefits.

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.065 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3245 The Federal Government will be The PRESIDING OFFICER. Without sins and follies, how could Abraham hard-pressed to find a more effective objection, it is so ordered. Lincoln say this about our bloody Civil way to generate that kind of public im- CLIMATE CHANGE War to free and redeem us from the sin pact. Congress has previously acknowl- Mr. WHITEHOUSE. As I am sure the of slavery? Here is what Lincoln said edged the benefits of private invest- Presiding Officer suspects, I am back about that war: ments and regularly passes charitable on the floor again to urge that we Yet, if God wills that it continue, until all giving incentives in the wake of a nat- awaken to what carbon pollution is the wealth piled by the bond-man’s two hun- ural disaster to encourage more giving. doing to our planet, to our oceans, to dred and fifty years of unrequited toil shall Last October, when Hurricane Sandy our seasons, and to our storms. I won- be sunk, and until every drop of blood drawn tore across the east coast, the storm der why is it that we are so com- with the lash shall be paid by another drawn left thousands of residents without the with the sword, as was said three thousand fortably asleep when the warnings are years ago, so still it must be said: ‘‘The judg- basic necessities of life: food, water, so many and so real. What could be- ments of the Lord, are true and righteous and shelter. Within 6 weeks, the Amer- guile us away from wakefulness and judgment altogether.’’ ican Red Cross served more than 8 mil- duty? That was Abraham Lincoln. Blood lion meals, provided more than 81,000 I was recently at a Senate meeting drawn by the sword in equal measure shelter stays, and distributed more when I heard a Member of our Senate to that drawn by the lash as the true than 6 million relief items to thou- community say: ‘‘God won’t allow us to and righteous judgment of the Lord— sands of residents impacted by the ruin our planet.’’ Maybe that is why we that doesn’t sound like a God of am- storm. do nothing. We are comfortable that nesty. In times of crisis, Americans depend God somehow will not allow us to ruin Go to the very beginning. If we live on relief service organizations such as our planet. That seems like such an ex- in a state of God-given general am- the American Red Cross, Catholic traordinary notion, I thought I would nesty from consequences, why were Charities, and the Salvation Army—all reflect on it in my remarks this week. Adam and Eve expelled from Eden for not-for-profit organizations whose First of all, the statement refers to their sin? Why was Cain sent into the main purpose is to help their fellow God and is couched in religious terms, wilderness, condemned to wander for citizens when they need it the most. but is it truly an expression of reli- the crime against his brother? If it is Nonprofits such as Habitat for Hu- gious inquiry? I think not. It is less an your assertion that God’s love has no manity also help families make a fresh expression of religious thinking than it measure of tough love, wander a bit start in life after a disaster. In May of is of magical thinking. The statement through the Old Testament before get- 2007, an EF5 tornado swept through my that God will not allow us to ruin our ting too married to that idea. home State of Kansas devastating 95 planet sweeps aside ethics, responsibil- If the Old Testament is too blood- percent of the town of Greensburg. ities, consequences, duties, even aware- thirsty for you, look at Revelations Diana Torres, a single mom, had ness. It comforts us with the anodyne 11:18: lived in Greensburg for nearly 7 years assumption that no matter what we do, when the tornado destroyed the home some undefined presence will—through And thy wrath is come, and the time . . . they were renting. Diana faced the some undefined measure—make things that thou . . . shouldest destroy them which destroy the earth. likelihood of having to move out of right and clean up our mess. That is State when the Wichita Habitat for Hu- seeking magical deliverance from our If we believe in an all-powerful God, manity stepped in with 1,400 volunteers troubles, not divine guidance through we must then believe that God gave us to build a new home. Thanks to special our troubles. this Earth, and we must in turn believe financing and donated supplies, Diana Is God truly here just to tidy up after God gave us its laws of gravity, chem- could afford to purchase the home for our sins and follies, to immunize us istry, and physics. We must also be- her family. from their consequence? If that is true, lieve that God gave us our human pow- Executive director of the Wichita why does the Bible say in Galatians 6:7, ers of intellect and reason. He gives us Habitat for Humanity Linda Stewart ‘‘Do not be deceived . . . whatever one these powers so we, his children, can said those who support Habitat ‘‘know sows, that will he also reap.’’ If God is learn and understand Earth’s natural they are making a difference in some- just a tidy-up-after-us God, why does laws, which he also gave us, so that as one’s life that lasts for years.’’ That is the book of Job 4:8 warn that ‘‘those his children we can use that under- what not-for-profits do every day who plow iniquity and sow trouble reap standing of Earth’s natural laws to across Kansas and around our country. the same.’’ If God is not a God of con- build and create and prosper on his They make a difference one life at a sequences, why does Luke 6:38 tell us, Earth. time. ‘‘For with the measure you use, it will Hasn’t that, in fact, been the path of Since the founding of our Nation, be measured back to you.’’ Proverbs human progress? We learn these nat- neighbors have been helping other 22:8 tells us, ‘‘Whoever sows injustice ural laws, and we apply them to build neighbors. They lend that helping hand will reap calamity.’’ and create and we prosper. that is so often needed. The charitable Jeremiah 17:10 says, ‘‘I the Lord Why then when we ignore his plain, deduction is one way to encourage that search the heart and test the mind to natural laws, when we ignore the obvi- tradition to continue. give every man according to his ways, ous conclusions to be drawn by our Any change in the Tax Code related according to the fruit of his deeds.’’ God-given intellect and reason would to charitable giving would have a long- So it seems we should not walk in God—the tidy-up God—drop in and lasting and negative consequence, not the counsel of the wicked or sit in the spare us? Why would he allow an inno- necessarily to the generous donor but, seat of the scoffers and then expect cent child to burn its hand when it more importantly, to the millions of there will be no bitter fruit of our touches the hot stove but protect us Americans who rely upon the services deeds, no consequence. from this lesson? Why would he allow a provided by a charitable organization. We are warned in the Bible not to badly engineered bridge or building to With our economy still recovering and plow iniquity, not to eat the fruit of fall, killing innocent people, but pro- the tremendous need for charitable lies. Where in the Bible are we assured tect us from this mistake? Why would causes, the President should be encour- of safety if we do? I see no assurances he allow cholera to kill in epidemics aging Americans to give more, not less, of that. The Bible says in 1 Samuel 2:3 until we figure out that the well water and Congress should reject this admin- that ‘‘the Lord is a God of knowledge, is contaminated? istration’s proposal. and by him actions are weighed.’’ At The Earth’s natural laws and our ca- I yield the floor. Thessalonians 1:6, ‘‘God considers it pacity to divine them are God’s great The PRESIDING OFFICER. The Sen- just to repay with affliction those who gift to us, allowing us to learn and ator from Rhode Island. afflict.’’ Those who ‘‘sow the wind,’’ build great things and cure disease. Mr. WHITEHOUSE. Mr. President, I the Bible says, ‘‘they shall reap the But God’s gift to us of a planet with would like to ask consent to speak for whirlwind.’’ natural laws and natural order has as up to 15 minutes as if in morning busi- Look at our own American history. If an integral part of that gift con- ness. God is just here to tidy up after our sequences—consequences when we get

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.067 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3246 CONGRESSIONAL RECORD — SENATE May 8, 2013 that law and order wrong. The child’s refuse. Some of us even deny that the storms, to the extreme weather and all hand burns, the bridge falls, the disease floodwaters are rising. the things we are seeing around us— spreads. If it didn’t matter whether we As I have indicated in previous the Senator from Rhode Island has laid got it right or wrong, there would be no speeches, climate denial is bad science. it out chapter and verse, we can truly value to God’s creation of that natural Indeed, it is such bad science it falls say, chapter and verse, and I so appre- law and order in the first place. into the category of falsehood. Climate ciate what he is doing here. I so appre- So is that then to be our answer to denial is bad economics, ignoring that ciate his consistent voice, his pas- polluting our atmosphere with carbon in a proper marketplace the costs of sionate voice. by the megaton and changing our cli- carbon pollution should be factored I so appreciate that he is on the com- mate and changing our seas? Is it to be into the price of carbon. Climate denial mittee I am so proud to chair, the En- our answer to that, that God would not is bad policy in any number of areas— vironment and Public Works Com- allow us to ruin our planet? We are to bad national security policy, bad envi- mittee. We are on a bill that deals with continue to pollute our Earth with lit- ronmental policy, bad foreign policy, the public works side of the committee. erally megatons each year of carbon, bad economic policy. We have good camaraderie there. But heating up our atmosphere, acidifying Although I am a Senator, not a when it comes to protecting the envi- our seas, knowing full well by His nat- preacher, from everything I have ronment, it is as if there are just two ural laws what the consequences are? learned and believe, it seems to me totally different species of humanity— Instead of correcting our own behavior, that climate denial is also bad religion the deniers and the believers. I am we are going to bet on a miracle? That and bad morals. Hopes for a nanny God proud to be on the side of the believers. is the plan? Excuse me, but that is not who will, with a miracle, grant us am- I believe America is built on facts. It is the American way. President Kennedy nesty from our folly is not aligned with built on, yes, religious beliefs and sci- described the American way as he history or text of the Bible. entific proof. ended his inaugural address connecting We need to face the fact that there is I think the Senator from Rhode Is- our work to God’s: only one leg on which climate denial land laid it out tonight in such a mag- . . . let us go forth, to lead the land we stands: money. The polluters give and nificent way that I intend to send the love, asking His blessing and His help, but spend money to create false doubt. The Senator’s remarks, with his permis- knowing that here on earth God’s work must polluters give and spend money to buy sion, to all of our colleagues, to put truly be our own. political influence. The polluters give them up on my Web site because I am That is the order of things. We are and spend money to keep polluting. so proud to stand with the Senator here to do God’s work. He is not here to That is it—not truth, not science, not from Rhode Island in this fight. This is do ours. How arrogant. How very far economics, not safety, not policy, and a fight, and as my friend from Rhode from humility would be the self-satis- certainly not religion, nor morality. Island said it is a fight that puts on one fied smug assurance that God—a tidy- Nothing supports climate denial—noth- side the special interests, the polluters, up-after-us God—will come and clean ing except money. the money, versus those who just say up our mess; that on this Earth, God’s But in Congress, in this temple, we have to save this planet. It is our work need not be our own. money rules. So here I stand in one of responsibility. It is our God-given re- Remember the story of the man the last places on Earth that is still a sponsibility. trapped in his house during a huge haven to climate denial. In our arro- I thank the Senator from Rhode Is- flood. A faithful man, he trusted God gance, we here in Congress think we land so much, and I yield to him. to save him. As the waters began to can somehow ignore or trump Earth’s The PRESIDING OFFICER. The Sen- rise in his house, his neighbor came by natural laws—laws of chemistry, laws ator from Rhode Island. and offered him a ride to safety, and he of physics, laws of science—with our Mr. WHITEHOUSE. I just want to say said: I am waiting for God to save me. own political lawmaking, with our own how honored I am to serve on Senator So the neighbor got in his pickup truck political influence. But we are fools to BOXER’s committee with her as our and drove away. think that. The laws of chemistry and chairman and leader and how eager I As the water rose, the man climbed the laws of physics neither know nor am to fight beside her in the struggles to the second floor of his house, and a care what we say or do here. ahead. boat came by his window with people So we need to wake up. We need to With that, with my appreciation, I who were headed for safe ground. They walk not in the counsel of the wicked, yield the floor. threw a rope and they yelled at the nor sit in the seat of scoffers, but with Mrs. BOXER. Mr. President, I wish to man to climb out and come with them, due humility awaken to our duty and say to my friend, today was a great day but he told them: No, I trust in God to get to work because here on Earth for the Senator from Rhode Island, not save me. They shook their heads, and God’s work must truly be our own. only because of the speech that I think they moved on. Thank you very much. I yield the is quite memorable but also because of The flood waters kept rising, and the floor. the amendment he passed with the help man clambered up onto his roof. A heli- The PRESIDING OFFICER. The Sen- of our Republican friends, to set up an copter flew by, and a voice came over ator from California. oceans trust fund. I think this is a the loud speaker offering to lower a Mrs. BOXER. I just want to say to good, positive day, and I am very ladder to the man, let him climb up Senator WHITEHOUSE before he leaves pleased about that. and fly to safety. The man waved the the floor how much I appreciated his I would ask the staff if we are ready helicopter away, shouting back that he remarks tonight and how much I to make the unanimous consent re- counted on God to save him, so the hel- learned from his remarks. I wish to say quest. icopter left. to the Senator that I think he put for- We will be in 2 minutes. So I would Well, eventually the floodwaters ward the most cogent argument from a say to my colleague that we are going swept over the roof, and the man was religious perspective as to why we have to dispose of about six amendments drowned. When the man reached Heav- to take action to make sure we don’t very quickly on the floor, with the in- en, he had some questions for God: lose this planet. We are in a planetary dulgence of the Senator, and we should God, he asked, didn’t I trust in You emergency. As he said, this is the last be free and done with this business in a to save me? place in the world, almost, that doesn’t few minutes. Why did You let me drown? get it. Mr. HOEVEN. I thank the Senator. God answered: I sent you a pickup I wish to say to the Senator from No objection. truck, I sent you a boat, I sent you a Rhode Island that the reason so many Mrs. BOXER. I thank the Senator. helicopter. You refused my help. religious leaders are in our coalition to So we will put in a quorum call. I ask Just as God sent the pickup truck, call attention to climate change, to unanimous consent to complete my re- the boat, and the helicopter to the call attention to global warming, to marks after the remarks of Senator drowning man, he has sent us every- call attention to the rising waters, to HOEVEN. thing we need to solve this carbon pol- call attention to the terrible droughts, The PRESIDING OFFICER. Without lution problem. We just refuse. We just to the terrible fires, to the terrible objection, it is so ordered.

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.068 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3247 The PRESIDING OFFICER. The Sen- (II) the adjustment described in subsection AMENDMENT NO. 833 ator from California. (d)(2); and (Purpose: To protect the American taxpayer (ii) no reportable oil discharge history of AMENDMENTS NOS. 801, 806, 835, 833, AND 832, EN by establishing metrics to measure the ef- oil; and BLOC fectiveness of grants administered by the (2) not require a certification of a state- national levee safety program) Mrs. BOXER. Mr. President, I ask ment of compliance with the rule— In section 6004(i)(2), add at the end the fol- unanimous consent that notwith- (A) subject to subsection (d), with an ag- lowing: standing the previous order, the fol- gregate aboveground storage capacity of not (C) MEASURES TO ASSESS EFFECTIVENESS.— lowing amendments which have been less than 2,500 gallons and not more than Not later than 1 year after the enactment of 6,000 gallons; and cleared on both sides be considered and this Act, the Secretary shall implement (B) no reportable oil discharge history; and agreed to en bloc: Pryor amendment quantifiable performance measures and (3) not require a certification of a state- No. 801, as modified, with the changes metrics to assess the effectiveness of the ment of compliance with the rule for an ag- at the desk; Pryor amendment No. 806; grant program established in accordance gregate aboveground storage capacity of not with subparagraph (A). Inhofe amendment No. 835, with a more than 2,500 gallons. modification to the instruction lines; AMENDMENT NO. 832 (c) CALCULATION OF AGGREGATE ABOVE- McCain amendment No. 833; and Mur- GROUND STORAGE CAPACITY.—For purposes of (Purpose: To modify the definition of the ray amendment No. 832; further, that subsection (b), the aggregate aboveground term ‘‘cargo container’’) all of the provisions of the previous storage capacity of a farm excludes— On page 305, strike lines 11 through 14 and order remain in effect. (1) all containers on separate parcels that insert the following: The PRESIDING OFFICER. Without have a capacity that is 1,000 gallons or less; ‘‘(i) CARGO CONTAINER.—The term ‘cargo objection, it is so ordered. and container’ means a cargo container that is 1 The amendments were agreed to, as (2) all containers holding animal feed in- Twenty-foot Equivalent Unit. follows: gredients approved for use in livestock feed The PRESIDING OFFICER. The Sen- by the Commissioner of Food and Drugs. AMENDMENT NO. 801, AS MODIFIED ator from New Jersey. (d) STUDY.— (Purpose: To direct the Administrator of the Mr. MENENDEZ. Mr. President, I (1) IN GENERAL.—Not later than 12 months rise in support of amendment No. 802, Environmental Protection Agency to of the date of enactment of this Act, the Ad- change the Spill Prevention, Control, and which I understand will be offered to ministrator, in consultation with the Sec- the WRDA bill by my colleague from Countermeasure rule with respect to cer- retary of Agriculture, shall conduct a study tain farms) to determine the appropriate exemption Louisiana Senator LANDRIEU which At the end, add the following: under subsection (b)(2)(A) and (b)(1)(B) to not would stop flood insurance premiums TITLE XII—MISCELLANEOUS more than 6,000 gallons and not less than from skyrocketing until FEMA com- SEC. 12001. APPLICABILITY OF SPILL PREVEN- 2,500 gallons, based on a significant rise of pletes its study on the affordability of TION, CONTROL, AND COUNTER- discharge to water. premiums of the National Flood Insur- MEASURE RULE. (2) ADJUSTMENT.—Not later than 18 months ance Program. (a) DEFINITIONS.—In this title: after the date on which the study described As everyone here knows, my home (1) ADMINISTRATOR.—The term ‘‘Adminis- in paragraph (1) is complete, the Adminis- State of New Jersey was at the epi- trator’’ means the Administrator of the En- trator, in consultation with the Secretary of vironmental Protection Agency. Agriculture, shall promulgate a rule to ad- center of Superstorm Sandy which de- (2) FARM.—The term ‘‘farm’’ has the mean- just the exemption levels described in sub- stroyed thousands of homes, left mil- ing given the term in section 112.2 of title 40, section (b)(2)(A) and (b)(1)(B) in accordance lions without power, and caused bil- Code of Federal Regulations (or successor with the study. lions of dollars in damage. But despite regulations). AMENDMENT NO. 806 the devastation, the people of New Jer- (3) GALLON.—The term ‘‘gallon’’ means a sey didn’t give up. They began rebuild- United States liquid gallon. (Purpose: To provide a work-in-kind credit) ing, and we showed the country that (4) OIL.—The term ‘‘oil’’ has the meaning In section 2012, strike subsection (b) and ‘‘Jersey Tough’’ isn’t just a slogan. given the term in section 112.2 of title 40, insert the following: Code of Federal Regulations (or successor But even as we slowly recover from (b) APPLICABILITY.—Section 2003(e) of the regulations). the worst natural disaster in our Water Resources Development Act of 2007 (42 (5) OIL DISCHARGE.—The term ‘‘oil dis- State’s history, a manmade disaster is U.S.C. 1962d–5b) is amended— charge’’ has the meaning given the term looming in the distance, jeopardizing (1) by inserting ‘‘, or construction of design ‘‘discharge’’ in section 112.2 of title 40, Code deficiency corrections on the project,’’ after our recovery. The combination of up- of Federal Regulations (or successor regula- ‘‘construction on the project’’; and dated flood maps and the phaseout of tions). (2) by inserting ‘‘, or under which construc- premium subsidies for the National (6) REPORTABLE OIL DISCHARGE HISTORY.— The term ‘‘reportable oil discharge history’’ tion of the project has not been completed Flood Insurance Program threaten to has the meaning used to describe the legal and the work to be performed by the non- force victims out of their homes and requirement to report a discharge of oil Federal interests has not been carried out destroy entire communities. under applicable law. and is creditable only toward any remaining It is like a triple whammy. We have non-Federal cost share,’’ after ‘‘has not been (7) SPILL PREVENTION, CONTROL, AND COUN- the consequences of Superstorm Sandy, initiated’’. TERMEASURE RULE.—The term ‘‘Spill Preven- which devastated homes, so they have tion, Control, and Countermeasure rule’’ AMENDMENT NO. 835, AS MODIFIED to rebuild. Many times, that insurance means the regulation, including amend- (Purpose: To provide for rural water didn’t rise to the level of the cost of re- ments, promulgated by the Administrator infrastructure projects) under part 112 of title 40, Code of Federal building. Secondly, and as a result of Regulations (or successor regulations). On page 319, between lines 9 and 10, insert flood maps that came in after the (b) CERTIFICATION.—In implementing the the following: storm, there are now requirements for Spill Prevention, Control, and Counter- (10) RURAL WATER INFRASTRUCTURE new elevations. Thirdly, the premiums measure rule with respect to any farm, the PROJECT.—The term ‘‘rural water infrastruc- are going to skyrocket because the Administrator shall— ture project’’ means a project that— subsidies go down. So we have a triple (1) require certification of compliance with (A) is described in section 10007; and whammy. the rule by— (B) is located in a water system that serves Now, many homeowners are going to (A) a professional engineer for a farm not more than 25,000 individuals. On page 527, with— be forced to pay premiums that are strike lines 1 through 3, and insert the fol- (i) an individual tank with an aboveground several times higher than their current lowing: storage capacity greater than 10,000 gallons; policy. Those who cannot afford the (ii) an aggregate aboveground storage ca- (2) ELIGIBLE PROJECT COSTS.— higher premiums will either be forced pacity greater than or equal to 20,000 gal- (A) IN GENERAL.—Subject to subparagraph to sell or abandon their homes. This, in lons; or (B), the eligible project costs of a project turn, will drive down property values (iii) a reportable oil discharge history; or shall be reasonably anticipated to be not less than $20,000,000. and local revenues at the worst pos- (B) the owner or operator of the farm (via sible time—when we are doing every- self-certification) for a farm with— (B) RURAL WATER INFRASTRUCTURE (i) an aggregate aboveground storage ca- PROJECTS.—For rural water infrastructure thing we can to bring communities pacity not more than 20,000 gallons and not projects, the eligible project costs of a back to life after the storm. less than the lesser of— project shall be reasonably anticipated to be I have heard from countless New (I) 6,000 gallons; or not less than $5,000,000. Jerseyans. Many who are facing this

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.070 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3248 CONGRESSIONAL RECORD — SENATE May 8, 2013 predicament have come to me in tears. urge my colleagues to support this active retrospective of rock and roll from These are hard-working middle-class amendment. the 1950s and ’60s. But Najman dramatically families who have played by the rules, With that, Mr. President, I yield the revamped the show’s format when he took floor. over in 1983, after serving as a substitute purchased flood insurance responsibly, host the year prior. and now are being priced out of the The PRESIDING OFFICER (Mr. Najman is as passionate a musicologist as only home in which they have ever HEINRICH). The Senator from Con- he is a fan, which is really saying something. lived. This amendment would delay necticut. In each hourlong episode, he hones in on a these potentially devastating changes f specific theme or topic, sometimes sharp- ening his focus to a single song, and exam- until FEMA completes its study on MORNING BUSINESS premium affordability. ines its historical context and cultural im- This study is the result of a require- Mr. BLUMENTHAL. Mr. President, I portance in painstaking detail. ask unanimous consent that the Sen- He’s said those details can take years—yes, ment I authored in the flood insurance years—of sleuthing to fully unearth. Recent bill last year because I was concerned ate proceed to a period of morning episodes of ‘‘My Place’’ have explored the that premiums could become business, with Senators permitted to first and second waves of the British Inva- unaffordable for too many families. Of speak therein for up to 10 minutes sion, Berry Gordy’s pre-Motown canon and course, at that time the challenge was each. ‘‘Popular Songs About Women.’’ made by many of our colleagues, par- The PRESIDING OFFICER. Without ‘‘There are a lot of oldies stations, and you objection, it is so ordered. can buy oldies CDs, or go online and MP3 ticularly on the other side of the aisle, them or however you want to get the who said: Well, we will let the flood in- f music,’’ said Najman in a 2007 interview with surance program die unless it can be TRIBUTE TO JOEL NAJMAN Seven Days celebrating his 25th anniversary. self-sufficient. ‘‘But it’s relating it to the evolving culture Given the choice between having no Mr. LEAHY. Mr. President, to many of that time and the stories behind the flood insurance program—that, there- Vermonters, Joel Najman is part of songs—how they came about, how they were fore, would mean no homeowner would rock-and-roll radio history. Taking the made—which has always been my hobby.’’ Some hobby. have any insurance available to them, reins of the Vermont Public Radio show ‘‘My Place’’ 30 years ago this If you’re into stiff, overly formal verbiage and, of course, it dramatically reduces with lots of ‘‘Whereas’’-es, you can read the the value of the home if you cannot get spring, he captivated rock-and-roll en- full resolution here. Whereas, if you’d like to flood insurance and you are in a flood thusiasts from around the region and hear from the man himself, Najman will ap- plain—or having a flood insurance pro- staked his claim in Vermont radio his- pear as a guest on VPR’s ‘‘Vermont Edition’’ gram under the conditions our col- tory. on Monday, April 29. Marcelle and I have known Joel for Whereas, you could also listen to ‘‘My leagues insisted on, there was a need to many years and have followed his ca- Place’’ on VPR Saturdays at 8 p.m. have a flood insurance program. But reer with great interest. Starting in Congrats, Joel. because I knew that had some poten- radio at Vermont’s own Middlebury f tial rate shock to individuals, the College, Joel went on to WJOY in study I required and sought and TRIBUTE TO BRIAN JOSEPH DAVID South Burlington and continues to achieved in the flood insurance bill last Mr. REID. Mr. President, I rise today work WDEV in Waterbury, in addition year was because of this concern of to pay tribute to Mr. Brian Joseph to hosting ‘‘My Place’’ on Vermont unaffordability for too many families. David, who retired from the Depart- Public Radio. That was even before Superstorm ment of Defense on December 31, 2012, Joel first joined ‘‘My Place’’ as a sub- Sandy struck. after 30 years of dedicated service to While my friends on the other side of stitute host in 1982. After taking over the Federal Government. Mr. David’s the aisle protested my efforts to pro- full time in 1983, he took the show far expertise in continuity issues greatly vide assistance to help low- and mid- beyond an ‘‘oldies rock radio hour’’ and enhanced the safety and security of the dle-income families afford insurance, I made it his mission to apply cultural legislative, executive, and judicial was able to include a requirement that and historical context to rock music branches of government. FEMA conduct this study on afford- for his listeners. In each hour-long epi- While serving as the Detection ability. Well, it has been 10 months sode, he examines rock-and-roll his- Project Officer for the Joint Program since we passed the reauthorization, tory, providing his listeners with de- Office of Biological Defense, JPO-BD, and there is still no study. tails that often take years to accumu- Mr. David supervised and operated Unfortunately, my concerns about late. He has even been known to spend DOD’s first integrated biological and premiums becoming unaffordable have his entire radio hour picking apart a chemical detection system, which was already come true for many New Jer- single song. deployed overseas for force protection sey homeowners. Until FEMA does its In 2004, he was inducted into the during Operation Desert Thunder in job and provides options, according to Vermont Broadcaster’s Hall of Fame, Kuwait. He also created the Concept of the law, to improve affordability, the and the Vermont State Legislature re- Operations for the Portal Shield bio- people of New Jersey should not have cently passed a resolution honoring logical detection Advanced Concept to face these skyrocketing premiums him as a ‘‘rock and roll impresario.’’ Technology Demonstration, ACTD, at a time they are, in essence, getting Today, I would like to congratulate Program, which was implemented dur- a triple whammy: They lost their Joel for his 30 years as host of ‘‘My ing actual deployment conditions. He homes or their homes are dramatically Place.’’ I ask unanimous consent an ar- was awarded the Superior Civilian uninhabitable, they have to rebuild—in ticle from the Vermont publication, Service Award for successfully leading many cases, because of new flood maps, Seven Days, entitled, ‘‘Vermont Legis- this deployment overseas. they will have to elevate—and they lature Honors ‘My Place’ Host Joel Mr. David played an integral role will have to pay incredibly higher pre- Najman’’ be printed in the RECORD. providing advice and counsel to assist There being no objection, the mate- miums. That is simply a devastation national emergency managers as they rial was ordered to be printed in the that should not take place. worked to mitigate and recover evi- We all remember the devastation RECORD, as follows: dence from biological warfare attacks that happened in New Jersey in late [From Seven Days, Apr. 26, 2013] on the Senate. Mr. David’s knowledge October and the way the country came VERMONT LEGISLATURE HONORS ‘‘MY PLACE’’ and expertise significantly reduced the together to help the victims. Last week HOST JOEL NAJMAN recovery time and expenses related to we marked the 6-month anniversary of (By Dan Bolles) the anthrax and ricin attacks on the Sandy, and the work is far from over. On Wednesday, April 24, the Vermont Leg- Senate. He oversaw a major chemical, We still have too many people out of islature surprised Joel Najman with a resolu- biological, radiological, and explosives their homes and too many people who tion congratulating the local DJ on his 30th defense effort to protect our country’s anniversary as the host of the Vermont Pub- are afraid of losing their homes. lic Radio show, and rock-and-roll time ma- national assets. By combining surveil- New Jersey families already suffered chine, ‘‘My Place.’’ lance and identification technologies, from a natural disaster. The next dis- ‘‘My Place’’ was originally hosted by David defensive measures and mitigation ca- aster should not be a manmade one. I Field and began life as a wide-ranging, inter- pabilities, Mr. David formed a standard

VerDate Mar 15 2010 04:26 May 09, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.071 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3249 by which other large-scale protective (2) the information has been obtained by instances when the absentee com- efforts are now measured. the Government on a confidential basis, mittee member has been informed of I commend Mr. David’s contributions other than through an application by such the question and has affirmatively re- and longstanding career in public serv- person for a specific Government financial or quested that he be recorded. (Para- ice. I, along with my colleagues on other benefit, and is required to be kept se- cret in order to prevent undue injury to the graph 7(a)(3) of rule XXVI of the Stand- both sides of the aisle, congratulate benefit, and is required to be kept secret in ing Rules.) him on his well-earned retirement and order to prevent undue injury to the com- TITLE IV—DELEGATION AND AUTHORITY TO THE wish him well in his future endeavors. petitive position of such person; or CHAIRMAN AND VICE CHAIRMAN f (F) may divulge matters required to kept 1. The chairman and vice chairman confidential under the provisions of law or JOINT COMMITTEE ON THE are authorized to sign all necessary Government regulation. (Paragraph 5(b) of vouchers and routine papers for which LIBRARY rule XXVI of the Standing Rules of the Sen- ate.) the committee’s approval is required 3. Written notices of committee meetings and to decide in the committee’s behalf RULES OF PROCEDURE will normally be sent by the committee’s on all routine business. Mr. SCHUMER. Mr. President, on staff director to all members at least 3 days 2. The chairman is authorized to en- May 7, 2013, the Joint Committee on in advance. In addition, the committee staff gage commercial reporters for the will email or telephone reminders of com- the Library organized, elected a Chair- preparation of transcripts of com- mittee meetings to all members of the com- mittee meetings and hearings. man, a Vice Chairman, and adopted its mittee or to the appropriate staff assistants rules for the 113th Congress. Members in their offices. 3. The chairman is authorized to of the Joint Committee on the Library 4. A copy of the committee’s intended issue, on behalf of the committee, regu- elected Senator CHARLES E. SCHUMER agenda enumerating separate items of com- lations normally promulgated by the as Vice-Chairman and Congressman mittee business will normally be sent to all committee at the beginning of each GREGG HARPER as Chairman. Pursuant members of the committee by the staff direc- session. to Rule XXVI, paragraph 2, of the tor at least 1 day in advance of all meetings. This does not preclude any member of the f Standing Rules of the Senate, I ask committee from raising appropriate non- unanimous consent to have printed in agenda topics. JOINT COMMITTEE ON PRINTING the RECORD a copy of the Committee 5. Any witness who is to appear before the rules. committee in any hearing shall file with the There being no objection, the mate- clerk of the committee at least 3 business rial was ordered to be printed in the days before the date of his or her appearance, RULES OF PROCEDURE RECORD, as follows: a written statement of his or her proposed Mr. SCHUMER. Mr. President, on testimony and an executive summary there- RULES OF PROCEDURE OF THE JOINT COM- May 7, 2013, the Joint Committee on of, in such form as the chairman may direct, MITTEE OF CONGRESS ON THE LIBRARY 113TH Printing organized, elected a Chair- unless the chairman waived such a require- CONGRESS ment for good cause. man, a Vice Chairman, and adopted its TITLE I—MEETINGS OF THE COMMITTEE rules for the 113th Congress. Members TITLE II—QUORUMS 1. Regular meetings may be called by the of the Joint Committee on Printing 1. Pursuant to paragraph 7(a)(1) of rule chairman, with the concurrence of the vice- elected Senator CHARLES E. SCHUMER XXVI of the Standing Rules, 4 members of chairman, as may be deemed necessary or as Chairman and Congressman GREGG pursuant to the provision of paragraph 3 of the committee shall constitute a quorum. 2. Pursuant to paragraph 7(a)(2) of rule HARPER as Vice Chairman. Pursuant to rule XXVI of the Standings Rules of the Sen- XXVI of the Standing Rules, 2 members of Rule XXVI, paragraph 2, of the Stand- ate. 2. Meetings of the committee, including the committee shall constitute a quorum for ing Rules of the Senate, I ask unani- meetings to conduct hearings, shall be open the purpose of taking testimony; provided, mous consent to have printed in the to the public, except that a meeting or series however, once a quorum is established, any RECORD a copy of the Committee rules. of meetings by the committee on the same one member can continue to take such testi- There being no objection, the mate- subject for a period of no more that 14 cal- mony. 3. Under no circumstance may proxies be rial was ordered to be printed in the endar days may be closed to the public on a RECORD, as follows: motion made and seconded to go into closed considered for the establishment of a JOINT COMMITTEE ON PRINTING, 113TH session to discuss only whether the matters quorum. CONGRESS enumerated in subparagraphs (A) through TITLE III—VOTING (F) would require the meeting to be closed 1. Voting in the committee on any RULE 1.—COMMITTEE RULES followed immediately by a recorded vote in issue will normally be by voice vote. (a) The rules of the Senate and House inso- open session by a majority of the members of 2. If a third of the members present far as they are applicable, shall govern the the committee when it is determined that so demand, a recorded vote will be Committee. the matters to be discussed or the testimony taken on any question by rollcall. (b) The Committee’s rules shall be pub- to be taken at such meeting or meetings— lished in the Congressional Record as soon as (A) will disclose matters necessary to be 3. The results of the rollcall votes possible following the Committee’s organiza- kept secret in the interests of national de- taken in any meeting upon a measure, tional meeting in each odd-numbered year. fense or the confidential conduct of the for- or any amendment thereto, shall be (c) Where these rules require a vote of the eign relations of the United States; stated in the committee report on that members of the Committee, polling of mem- (B) will relate solely to matters of the measure unless previously announced bers either in writing or by telephone shall committee staff personal or internal staff by the committee, and such report or not be permitted to substitute for a vote management or procedures; taken at a Committee meeting, unless the (C) will tend to charge an individual with announcement shall be include a tab- ulation of the votes cast in favor and ranking minority member assents to waiver a crime or misconduct, to disgrace or injure of this requirement. the professional standing of an individual, or the votes cast in opposition to each (d) Proposals for amending Committee otherwise to expose an individual to public measure and amendment by each mem- rules shall be sent to all members at least contempt or obloquy, or will represent a ber of the committee. (Paragraph 7(b) one week before final action is taken there- clearly unwarranted invasion of privacy of and (c) of rule XXVI of the Standing on, unless the amendment is made by unani- an individual; Rules.) mous consent. (D) will disclose the identity of any in- former or law enforcement agent or will dis- 4. Proxy voting shall be allowed on RULE 2.—REGULAR COMMITTEE MEETINGS close any information relating to the inves- all measures and matters before the (a) The regular meeting date of the Com- tigation or prosecution of a criminal offense committee. However, the vote of the mittee shall be the second Wednesday of that is required to be kept secret in the in- committee to report a measure or mat- every month when the House and Senate are terest of effective law enforcement; ters shall require the concurrence of a in session. A regularly scheduled meeting (E) will disclose information relating to majority of the members of the com- need not be held if there is no business to be the trade secrets or financial or commercial mittee who are physically present at considered and after appropriate notification information pertaining specifically to a is made to the ranking minority member. given person if— the time of the vote. Proxies will be al- Additional meetings may be called by the (1) an Act of Congress requires the infor- lowed in such cases solely for the pur- Chairman, as he may deem necessary or at mation to kept confidential by Government pose of recording a member’s position the request of the majority of the members officers and employees; or on the question and then only in those of the Committee.

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.001 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3250 CONGRESSIONAL RECORD — SENATE May 8, 2013 (b) If the Chairman of the Committee is testimony at least 48 hours in advance of out the approval of a majority of the Com- not present at any meeting of the Com- their appearance and their oral testimony mittee except when Congress has adjourned: mittee, the vice-Chairman or ranking mem- shall be limited to brief summaries. Limited provided that any member of the Committee ber of the majority party on the Committee insertions or additional germane material may make a report supplementary to or dis- who is present shall preside at the meeting. will be received for the record, subject to the senting from the majority report. Such sup- RULE 3.—QUORUM approval of the Chairman. plementary or dissenting reports should be (a) Five members of the Committee shall RULE 9.—OFFICIAL HEARING RECORD as brief as possible. constitute a quorum, which is required for (a) An accurate stenographic record shall (b) Factual reports by the Committee staff the purpose of closing meetings, promul- be kept of all Committee proceedings and ac- may be printed for distribution to Com- gating Committee orders or changing the tions. Brief supplemental materials when re- mittee members and the public only upon rules of the Committee. quired to clarify the transcript may be in- authorization of the Chairman either with (b) Three members shall constitute a serted in the record subject to the approval the approval of a majority of the Committee quorum for purposes of taking testimony and of the Chairman. or with the consent of the ranking minority receiving evidence. (b) Each member of the Committee shall be member. provided with a copy of the hearing tran- RULE 4.—PROXIES RULE 14.—CONFIDENTIALITY OF COMMITTEE script for the purpose of correcting errors of REPORTS (a) Written or telegraphic proxies of Com- transcription and grammar, and clarifying No summary of a Committee report, pre- mittee members will be received and re- questions or remarks. If any other person is corded on any vote taken by the Committee, diction of the contents of a report, or state- authorized by a Committee Member to make ment of conclusions concerning any inves- except for the purpose of creating a quorum. his corrections, the staff director shall be so (b) Proxies will be allowed on any such tigation shall be made by a member of the notified. Committee or by any staff member of the votes for the purpose of recording a mem- (c) Members who have received unanimous Committee prior to the issuance of a report ber’s position on a question only when the consent to submit written questions to wit- of the Committee. absentee Committee member has been in- nesses shall be allowed two days within formed of the question and has affirmatively which to submit these to the staff director RULE 15.—COMMITTEE STAFF requested that he be recorded. for transmission to the witnesses. The record (a) The Committee shall have a staff direc- RULE 5.—OPEN AND CLOSED MEETINGS may be held open for a period not to exceed tor, selected by the Chairman. The staff di- (a) Each meeting for the transaction of two weeks awaiting the responses by wit- rector shall be an employee of the House of business of the Committee shall be open to nesses. Representatives or of the Senate. the public except when the Committee, in (d) A witness may obtain a transcript copy (b) The Ranking Minority Member may open session and with a quorum present, de- of his testimony given at a public session or, designate an employee of the House of Rep- termines by roll call vote that all or part of if given at an executive session, when au- resentatives or of the Senate as the minority the remainder of the meeting on that day thorized by the Committee. Testimony re- staff director. ceived in closed hearings shall not be re- shall be closed to the public. No such vote (c) The staff director, under the general su- leased or included in any report without the shall be required to close a meeting that re- pervision of the Chairman, is authorized to approval of the Committee. lates solely to internal budget or personnel deal directly with agencies of the Govern- matters. RULE 10.—WITNESSES FOR COMMITTEE HEARINGS ment and with non-Government groups and (b) No person other than members of the (a) Selection of witnesses for Committee individuals on behalf of the Committee. Committee, and such congressional staff and hearings shall be made by the Committee (d) The Chairman or staff director shall other representatives as they may authorize, staff under the direction of the Chairman. A timely notify the Ranking Minority Member shall be present in any business session that list of proposed witnesses shall be submitted or the minority staff director of decisions has been closed to the public. to the members of the Committee for review made on behalf of the Committee. sufficiently in advance of the hearings to RULE 6.—ALTERNATING CHAIRMANSHIP AND RULE 16.—COMMITTEE CHAIRMAN permit suggestions by the Committee mem- VICE-CHAIRMANSHIP BY CONGRESSES The Chairman of the Committee may es- bers to receive appropriate consideration. tablish such other procedures and take such (a) The Chairmanship and vice Chairman- (b) The Chairman shall provide adequate actions as may be necessary to carry out the ship of the Committee shall alternate be- time for questioning of witnesses by all foregoing rules or to facilitate the effective tween the House and the Senate by Con- members, including minority Members and operation of the Committee. Specifically, gresses: The senior member of the minority the rule of germaneness shall be enforced in the Chairman is authorized, during the in- party in the House of Congress opposite of all hearings notified. that of the Chairman shall be the ranking (c) Whenever a hearing is conducted by the terim periods between meetings of the Com- minority member of the Committee. Committee upon any measure or matter, the mittee, to act on all requests submitted by (b) In the event the House and Senate are minority on the Committee shall be entitled, any executive department, independent under different party control, the Chairman upon unanimous request to the Chairman be- agency, temporary or permanent commis- and vice Chairman shall represent the major- fore the completion of such hearings, to call sions and committees of the Federal Govern- ity party in their respective Houses. When witnesses selected by the minority to testify ment, the Government Printing Office and the Chairman and vice-Chairman represent with respect to the measure or matter dur- any other Federal entity, pursuant to the re- different parties, the vice-Chairman shall ing at least one day of hearing thereon. quirements of applicable Federal law and regulations. also fulfill the responsibilities of the ranking RULE 11.—CONFIDENTIAL INFORMATION minority member as prescribed by these FURNISHED TO THE COMMITTEE f rules. The information contained in any books, BATTLE OF ATTU 70TH RULE 7.—PARLIAMENTARY QUESTIONS papers or documents furnished to the Com- ANNIVERSARY Questions as to the order of business and mittee by any individual, partnership, cor- the procedures of Committee shall in the poration or other legal entity shall, upon the Ms. MURKOWSKI. Mr. President, I first instance be decided by the Chairman; request of the individual, partnership, cor- rise today to commemorate the 70th subject always to an appeal to the Com- poration or entity furnishing the same, be Anniversary of the Battle of Attu. mittee. maintained in strict confidence by the mem- The Battle of Attu is often times for- bers and staff of the Committee, except that RULE 8.—HEARINGS: PUBLIC ANNOUNCEMENTS gotten or dismissed, but this battle is any such information may be released out- AND WITNESSES side of executive session of the Committee if an important part of our history as a (a) The Chairman, in the case of hearings the release thereof is effected in a manner Nation. After all, it was the last battle to be conducted by the Committee, shall which will not reveal the identity of such in- between warring nations to be fought make public announcement of the date, dividual, partnership, corporation or entity in North America. place and subject matter of any hearing to in connection with any pending hearing or as During WWII Alaska was still a terri- be conducted on any measure or matter at a part of a duly authorized report of the tory to the United States, and in 1942, least one week before the commencement of Committee if such release is deemed essen- that hearing unless the Committee deter- Japan seized three islands off the end tial to the performance of the functions of of the Aleutian chain in the most mines that there is good cause to begin such the Committee and is in the public interest. hearing at an earlier date. In the latter southwest part of Alaska. Japan pre- RULE 12.—BROADCASTING OF COMMITTEE event, the Chairman shall make such public pared the island for the inevitable HEARINGS announcement at the earliest possible date. counterattack. The staff director of the Committee shall The rule for broadcasting of Committee hearings shall be the same as Rule XI, clause On May 11 1943, the Americans promptly notify the Daily Digest of the Con- launched towards Attu Island, and a gressional Record as soon as possible after 4, of the Rules of the House of Representa- such public announcement is made. tives. battle raged until May 29 when 800 Jap- (b) So far as practicable, all witnesses ap- RULE 13.—COMMITTEE REPORTS anese soldiers employed a full fledged pearing before the Committee shall file ad- (a) No Committee report shall be made Banzai attack, fighting hand to hand. vance written statements of their proposed public or transmitted to the Congress with- While the Japanese attack crumbled,

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.035 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3251 Japanese soldiers pulled grenades, On May 11, 1943, the Americans launched ican forces and perhaps maintain a stale- dying by their own hand as a sign of the Battle of Attu with amphibious landings mate until help arrived. honor. By the afternoon, the battle was from two directions. But he knew the odds of success were slim. The day began in fog, Sasser recalled in a He ordered all documents burned. Men too over. American forces had prevailed. sick or injured to fight died either by their This battle was remarkable in many phone call from his home in Carthage, Miss., last month. ‘‘But it cleared up somewhat own hand or from an overdose of morphine. ways. More men were killed in action later in the day. We got on our boats and BANZAI on Attu than at Pearl Harbor. It also went ashore at Massacre Bay,’’ the southern Just before dawn on May 29, Americans in remains the only time American sol- landing site. the valley were told to leave their positions diers have fought an invading army on ‘‘There was no resistance.’’ and get a hot breakfast at the regimental American soil since the war of 1812. It was a misleading start. mess tent. Cloe suspects the order may have Last summer I had the honor of travel- American intelligence originally estimated been spread by an English-speaking Japanese ling to Attu with Admiral Ostebo, the Japanese strength at 500 men. There were infiltrator. Coast Guard District 17 Commander, more like 2,500. U.S. maps were incomplete The groggy men were thinking of coffee or inaccurate. Planners failed to understand when upwards of 800 screaming Japanese where we dedicated a permanent me- the swampy tundra that rose from the beach, morial to the sacrifice of the Attu vil- came charging out of the mist and dark. The a skim of grass over bottomless muck. Sol- Americans were caught off guard and over- lagers. Now all who walk the hills of diers went ashore in summer uniforms and run. Fighting was hand-to-hand. It was im- Attu will be reminded of the sacrifice slick-bottom leather boots suitable for possible to see what was going on. There Attu village residents and other Alas- desert combat. were no prisoners. kans made during World War II. The defenders waited in the steep moun- The Japanese reached the medical tents An article in the Anchorage Daily tains, cloaked in clouds, set in positions to and slaughtered the wounded in their cots. News by Mike Dunham did a great job cover the approaches in crossfire. When the Their death shrieks added to the chaos. U.S. in relaying the story of the battle, and Americans were well into Massacre Valley, troops, their top officers dead, uncertain of the Japanese opened up with machine guns I ask unanimous consent to have it the number or positions of the invisible and mortars. The valley offered little cover enemy, scattered or retreated. printed in the RECORD. and no quick retreat. The advance ground to It was one of those soldiers, fleeing over There being no objection, the mate- a halt and the scene turned into what one Engineer Hill, who gave the warning that rial was ordered to be printed in the historian has called ‘‘the theater of military woke Sasser. RECORD, as follows: frustration.’’ Among those escaping the carnage was an [From the Anchorage Daily News, May 4, Planes supposed to provide air cover unarmed doctor. ‘‘He asked for a gun, but no- 2013] crashed in the Aleutian winds. Some at- body had two,’’ Sasser said. ‘‘He disappeared tacked American soldiers by mistake. The for a while and came back with a rifle and 70 YEARS AGO THIS MONTH, THE BATTLE OF offshore armada couldn’t see or reach inland took up position with us. He wanted to be in ATTU RAGED targets where U.S. forces were getting ripped the fight.’’ (By Mike Dunham) up. Heavy guns and supplies barely moved off Dr. John Bassett was killed about 15 feet Cpl. Joe Sasser was asleep in his pup tent the beach as heavy equipment bogged down from Sasser. on a cold, soggy morning 70 years ago when in the mire. Sasser had a slight advantage over many of the alarm sounded. ‘‘Somebody was shout- ‘‘The invasion of Attu was scheduled for a the other men. He had trained as a scout be- ing, ‘The Japs have come through!’ ’’ he re- three-day deal,’’ Sasser said. ‘‘Three days, fore being transferred to the engineers. As he called. they told us, and we’d be out of there.’’ looked down on the approaching Japanese, Sasser’s outfit, the 50th Engineers, were On the fifth day the commanding general he felt lucky that he’d moved his tent the builders, not fighters. Most of the men—and was replaced. Reinforcements poured in as night before. there weren’t a lot of them—were what the the Americans suffered heavy losses—not ‘‘Three of us initially pitched at the crest Army calls noncombatants. Their job was to just from the bullets but from exposure. of a ravine. Then, I can’t remember why, we make roads and move supplies to the soldiers Some froze or died from hypothermia. moved 40 to 50 yards farther up the hill to on the front lines. The strung-out line of ‘‘Trench foot’’ and frostbite crippled their the road bed,’’ he said. ‘‘Two other guys supply tents was not fortified. The soldiers numbers. So did the psychological battering thought it was a good spot and pitched there. had rifles, not machine guns. of constant incoming fire. They were bayonetted in their sleeping He struggled into his perpetually damp ‘‘We went on one detail all the way across bags.’’ leather boots—‘‘Not the right attire’’ for the the valley to pick up a guy who’d lost his Sasser credited a small embankment along snow and mud of Alaska, he said—grabbed marbles,’’ Sasser said. ‘‘He was really a zom- the road for saving him from a similar fate. his helmet and M–1 rifle, went to an embank- bie at that point. He followed us back, al- ‘‘It saved our lives.’’ ment created when the road was pushed most like a child, not saying anything.’’ Outnumbered and rattled, a thin line of through a few days earlier and peered over bulldozer drivers, mechanics, medics and GALLONS OF BLOOD the side. cooks formed a hasty defense. Some of the ‘‘The Japanese were moving up the hill,’’ Historian John Cloe observes that ‘‘two men didn’t have time to put on their boots. he said. ‘‘The ravines were full of them’’ in under-strength Japanese infantry battalions The only automatic weapons they had were numbers that far exceeded the Americans at on half-rations’’ repeatedly threw back six those dropped by the men in retreat. the outpost. battalions of amply supplied U.S. infantry. But the Japanese had even less, little more He watched the mass of determined, des- But bit by bit the Americans pushed ahead— than bayonets, swords, knives and sticks perate men swarm toward him in an action particularly on days when air support could along with a few precious bullets. Nonethe- no U.S. soldier had faced since the War of reach them. less, they engaged the Americans with a fe- 1812—a bayonet charge by an enemy invader On the seventh day, the Japanese retreated rocity that Sasser recalls to this day. on American soil. toward Chichagof Harbor. The Americans’ ‘‘They were a tenacious group,’’ he said. ‘‘I Thus began the Battle of Engineer Hill, the northern and southern landing forces finally was surprised. It was dishonor for them to be last battle between warring nations to be met. The Americans slowly took possession captured and an honor to be killed.’’ fought in North America. of strategic ground, one yard at a time, each Yamazaki died with his sword in hand. The THEATER OF FRUSTRATION little victory measured in gallons of blood. Japanese fell back and reassembled for a sec- In 1942 Japan seized three islands at the By May 28, the Japanese were cornered at ond charge. The Americans had their rifles end of Alaska’s Aleutian chain. Only one, Chichagof Harbor. ready. Attu, had a village. The citizens, mostly Commander Col. Yasuyo Yamazaki had ‘‘We picked ’em off one by one,’’ Sasser Aleut Natives, were sent to internment less than half his forces still able to fight. said. camps in Japan. The invaders prepared the They were almost out of ammunition and As their assault crumbled, the remaining island for the counterattack they knew near starvation. Japanese each took the grenade he kept for would come. But the valley above the harbor was light- himself, gripped it to his chest or his head— Historians debate whether Japan’s Alaska ly defended with the Americans’ main fight- and pulled the pin. incursion was a feint to draw attention away ing units dispersed along the high ground— The battle was over. The valley, in the from their real target, Midway Island, or and there were caches of U.S. supplies at the words of one historian, looked like an exca- part of an ambitious plan to create a virtual top. vated cemetery. Hundreds of corpses from ‘‘fence’’ across the Pacific. Yamazaki devised a last-ditch plan. A sur- both sides lay atop the rock and tundra. Either way, the propaganda value was un- prise attack could throw the Americans in ‘‘Then we had to go down there and pick deniable. The Territory of Alaska was part of Chichigof Valley back in panic. In the rout, ‘em up,’’ Sasser said. the North American continent, sharing the his men might reach the heavy artillery in Morning’s heroes became the afternoon’s mainland with the 48 states. The occupation Massacre Valley and turn the Americans’ grave diggers. by a hostile force, even of an island 1,000 own guns against them. He could replenish AFTERMATH miles from the coast, constituted an embar- his stock of weapons, hold strategic ground, The Battle of Attu, often dismissed or for- rassment that could not be tolerated. cut supply lines, divide the dispirited Amer- gotten, was remarkable in many ways.

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.062 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3252 CONGRESSIONAL RECORD — SENATE May 8, 2013 More men were killed in action on Attu better appreciate the culture of the re- ergy is safer to work with, will lower than at Pearl Harbor: at least 2,350 Japa- gion. costs, and will burn more cleanly. The nese—plus those never accounted for—and The couple, with their growing fam- conversion to CNG will not only ben- 549 Americans; 1,148 Americans were wound- ily, relocated to Presque Isle in 1946 efit the hospital and its patients and ed and 2,100 listed as casualties due to cold and shell shock. How many Americans died and soon became valued members of employees directly, but also will ben- as a result of injuries in the weeks after the that community. Audrey’s love of local efit the entire community by reducing battle is uncertain, but some say it was culture led her to become instrumental emissions. equal to or greater than the battlefield in the incorporation of the Vera Estes TAMC is quickly becoming a leader deaths. House into the Presque Isle Historical in environmentally friendly practices Fewer than 30 Japanese were captured Society and the creation of the Cul- in northern Maine. The hospital has alive. tural and Museum Center at the Old made changes to its nutritional pro- It was the only land battle in the war Presque Isle Fire House, which cele- gram by eliminating disposable kitch- fought in the Americas, the first amphibious landing by the U.S. Army and, aside from brates the heritage of the local area. enware, which has reduced the amount Iwo Jima, the most costly in terms of the Audrey witnessed much history during of waste it sends to the area’s landfill. percentage of American casualties. ‘‘For her long life. Just as important, she In addition, TAMC partners with the every hundred of the enemy, about 71 Ameri- was devoted to preserving the rich his- University of Maine at Presque Isle to cans were killed or wounded,’’ according to tory of Aroostook County for future improve composting. TAMC also pur- the official Army history. generations. chases produce from MSAD No. 1 It was the first time in the war that the Her husband, Lawrence Thibodeau, school farm, local farmers, and other U.S. military retook occupied American ter- better known as ‘‘Tib,’’ passed away in ritory, and the first time the Army encoun- small local growers to support the tered the fanatical fight-to-the-death ethos 2008, but he will long be remembered community and reduce transportation of the Japanese. for his contributions to Maine agri- emissions. It remains the only time American soldiers culture and support of the University Whether it is taking actions as small have fought an invading army on American of Maine Cooperative Extension Serv- as reducing waste or as large as con- soil since the War of 1812. ice. Together, the couple will always be verting to CNG, TAMC is making a It was the deadliest battle on the con- remembered for the Larry and Audrey positive impact on the area, improving tinent since the Civil War. Thibodeau Scholarship that helps both public health and the environ- But history wasn’t on Sasser’s mind as he Aroostook County students pursue ca- braced for the screaming, charging enemy 70 ment. I commend TAMC for its com- years ago. ‘‘At that particular point I was reers in medicine. After Audrey’s pass- mitment to conservation and improv- not aware of the significance,’’ he said. ‘‘I ing, her family carried on her commit- ing efficiency. TAMC is truly standing just knew we were there because it was ment to others by asking that memo- up to its motto, TAMC: More Than a American territory. And we were going to rial contributions be made to the Au- Hospital. get it back.’’ drey B. Thibodeau Charitable and Edu- f f cational Fund. Audrey’s philanthropy and vol- ADDITIONAL STATEMENTS REMEMBERING AUDREY unteerism earned her accolades from THIBODEAU the Maine Legislature and the Lifetime Ms. COLLINS. Mr. President, on May CONGRATULATING THE BOSTON Achievement Award from the Presque CHILDREN’S MUSEUM 25, loving family members and count- Isle Area Chamber of Commerce. Her less friends will gather in Presque Isle, service and compassion will always be ∑ Mr. COWAN. Mr. President, today I ME, to celebrate the remarkable life of cherished by the people of Aroostook am delighted to recognize the Boston Audrey Bishop Thibodeau, who passed County. A strong leader, Audrey Children’s Museum for receiving the away January 2, at the age of 97. I rise Thibodeau filled her dash with an in- National Medal for Museum and Li- today in tribute to a caring citizen and fectious smile, enthusiasm for life, as- brary Service. I had the pleasure of dear friend. sistance to others, community partici- congratulating the staff of the Boston It has been said that we all have a pation, a dedication to Aroostook Children’s Museum earlier today before birth date and a death date, with a County, and a great deal of love for her they headed to the White House to dash in between. It’s what we do with remarkable family. May her memory have the medal presented in a cere- our dash that counts. inspire us all to follow her example. mony by the First Lady. Audrey Thibodeau’s dash was long, This medal is the Nation’s highest f and she made it count. She was a de- honor conferred on museums and li- voted wife, a wonderful mother, an edu- RECOGNIZING AROOSTOOK braries. The award is given to institu- cator, a farmer, and an entrepreneur. MEDICAL CENTER tions which demonstrate extraordinary Wherever there was a need, she was a Ms. COLLINS. Mr. President, I rise and innovative approaches to public committed volunteer and a generous today to commend The Aroostook Med- service, exceeding the expected levels philanthropist. ical Center, TAMC, in Presque Isle, of community outreach. Out of 33 well- She was born Audrey Elaine Bishop ME, for its efforts to improve its en- deserved finalists, only 10 were selected on December 13, 1915, in Caribou, ME, ergy efficiency with compressed nat- to receive the medal. my hometown. She attended Caribou ural gas, CNG. The Boston Children’s Museum is a public schools and, in 1937, graduated Dedicated to environmental steward- center of family in Massachusetts and from the University of Maine with a ship and improving the community, it comes as no surprise to me that this degree in nutrition. It was while teach- TAMC is at the cutting edge with its revered institution would receive the ing high school home economics that conversion to CNG to meet the hos- Nation’s highest honor. she developed one of the great passions pital’s heating, cooling, and other en- Children spend their whole day learn- of her life—raising awareness and fos- ergy needs. CNG represents a sensible ing, and Boston Children’s Museum tering education for students with effort to use a viable and affordable do- provides resources for families and edu- reading disabilities. Her commitment mestic energy alternative. This event cators to help support that continuous to youth was also seen years later demonstrates TAMC’s efforts to create, discovery. It provides a welcoming, when she founded a Pony Club to help sustain, and grow a modern health care imaginative, child centered learning young people learn the skills and re- organization to continue making a environment that supports families sponsibilities of horsemanship. positive difference in Aroostook Coun- and promotes the healthy development In 1939, she married Lawrence ty. The countless and continuing ef- of all children. Thibodeau, a high school classmate. forts this northern Maine hospital is Boston Children’s Museum is one of After a brief adventure with farming in making to energy efficiency are to be the oldest and largest children’s muse- New York State, they returned to commended for their lasting impact. ums in the world. It was founded in 1913 Maine and settled in Fort Kent, on the Converting to CNG is just one of the by a group of visionary educators as a Canadian border. It was there that Au- ways TAMC has reduced its carbon center for the exchange of materials drey immersed herself in French to footprint. This efficient source of en- and ideas to advance the teaching of

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.017 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3253 science. For the past century, the mu- service to the students of UNR. Nevada I ask my colleagues to stand with me seum has provided children with oppor- is fortunate to have such great edu- in honoring Sergeant Hall’s service to tunities to engage in joyful discovery cational leadership serving the stu- our Nation. Let us continue to be experiences that instill an appreciation dents across our great State. mindful of our dedicated service mem- of our world, develop foundational Prior to working in higher education, bers who fight to protect and preserve skills, and spark a lifelong love of Dr. John Scire served nearly three dec- the ideals of freedom and democracy.∑ learning. ades in the U.S. military. His work in- f The Museum has prided itself on de- cluded intelligence, counterintel- veloping exhibits and programs that ligence, and psychological warfare op- RECOGNIZING VIVA FLORIDA 500 emphasize hands on engagement and erations that were vital to maintaining ∑ Mr. RUBIO. Mr. President, I would learning through experience. Children the national security of our country. like to take this opportunity to recog- use play-based learning activities to Dr. Scire, like all of our military men nize the events taking place in my spark their natural creativity and curi- and women, dedicated his life to serve home State of Florida commemorating osity. The exhibits focus on science, this great Nation, and I am grateful for five centuries of historic and cultural culture, environmental awareness, his sacrifices. significance. health and fitness, and the arts. Mu- I want to acknowledge and thank Dr. Five hundred years ago Spanish ex- seum educators also develop programs John Scire for his faithful service to plorer Juan Ponce de Leo´ n led an expe- and activities that address literacy, our country, both in the classroom and dition from the island of Puerto Rico performing arts, science and math, vis- protecting America. I ask my col- in search of new territory for Spain to ual arts, cultures, and health and leagues to join me in congratulating claim. Ponce de Leo´ n laid claim to the wellness. Dr. John Scire and celebrating the new territory they found, calling the Boston Children’s Museum is a pio- achievements of our Nation’s teachers, site La Florida because of the lush flo- neer in early childhood education and administrators, and staff who help ral beauty that he saw. From our beau- development and works with research guide our students to educational ex- tiful sandy beaches, to our rivers and partners to gain a deeper under- cellence.∑ lakes, to the Everglades in South Flor- standing of how children learn, and f ida, our State remains true to Ponce de how they develop physically, intellec- Leo´ n’s first description. TRIBUTE TO SERGEANT TIMOTHY tually, and socio-emotionally. The mu- Ponce de Leo´ n’s landing can be con- HALL seum has teamed up with researchers sidered the first step in Florida’s jour- from the Massachusetts Institute of ∑ Mr. HELLER. Mr. President, today I ney to become a part of our great coun- Technology to create Play Lab—an ex- wish to recognize Sergeant Timothy try. Ponce de Leo´ n was the first Euro- hibit featuring active research in cog- Hall, an extraordinary Nevadan who pean to land on what is now the conti- nitive development. They have also sacrificed his well-being in defense of nental United States. His landing pre- worked with Harvard University on re- this great Nation. The State of Nevada dates some of the most treasured his- search involving developmental studies and the U.S. Army are proud and grate- torical sites and moments in the and social cognition. Additionally, ful for his selfless service and dedica- United States, including the English they have worked with researchers tion to protecting our freedom. landing at Jamestown, VA, and the Pil- from Boston College to explore the psy- Sergeant Hall put service to his Na- grims landing at Plymouth, MA. chology of the arts and children’s un- tion above his personal safety in 2010 It is also important to recognize the derstanding of emotional development. when he was deployed to Afghanistan. State of Florida’s Native American I would like to congratulate Carole He was willing to stand up and defend population during these events. Native Charnow, president and chief executive the United States in some of the Americans inhabited territories in and officer, and all the employees at the harshest conditions. Just 6 months into around Florida prior to Ponce de Boston Children’s Museum on receiving Sergeant Hall’s deployment, he was Leo´ n’s arrival and continue to make a the National Medal for Museum and Li- critically wounded in an enemy mortar positive contribution to our State and brary Service. attack that resulted in the loss of both its culture. For 100 years, their outstanding ef- his legs. Since then, Sergeant Hall has Since its founding over five centuries forts have inspired lifelong learning for endured more than 60 surgeries and ago, Florida continues to display its generations of children and have served countless hours of rehabilitation. rich history by contributing new ideas, as a model for the Nation in early In Sergeant Hall, I see the values of culture, and events to the American childhood education and development. integrity, service, and excellence that experience. I am proud to come from a I believe that the Boston Children’s define the brave men and women in our State with a deeply rooted history, and Museum will continue to be the best Armed Forces. It is these virtues that I celebrate the State of Florida’s lead- children’s museum in the world and I will define the rest of his life as he con- ership both past and present. look forward to the innovation and tinues to adapt to the civilian world as Mr. President, colleagues, please join leadership they will deliver over the a disabled veteran in his hometown of me in recognizing the State of Florida next 100 years.∑ Hawthorne, NV. Sergeant Hall is the and its 500th anniversary.∑ f kind of patriot who, at the end of the f day, is a hero that dedicated himself CONGRATULATING JOHN ANTHONY wholly to the most professional fight- TRIBUTE TO ANDREW DOWNS SCIRE ing force the world has ever known. ∑ Mr. SHELBY. Mr. President, today I ∑ Mr. HELLER. Mr. President, today I America is an exceptional nation be- wish to pay tribute to Andrew Downs wish to recognize Dr. John Anthony cause of heroes like Sergeant Hall who who, at age 15, has been named to the Scire, who has been awarded the 2013 are dedicated to securing our freedom first ever National Youth Orchestra of Dean’s Award for Teaching by a Mem- no matter what the situation, no mat- the United States. Andrew is a native ber of the Contingent Faculty of the ter what the challenge. of Irondale, AL, and is a sophomore at University of Nevada, Reno. My home All of our Nation’s service men and the Alabama School of Fine Arts. He is State of Nevada is proud and privileged women know all too well the price that the principal bassist for the Alabama to acknowledge an extraordinary edu- is paid for freedom. Each and every Symphony Youth Orchestra. cator and leader. day, our troops are serving the United The National Youth Orchestra of the Since 1993, Dr. John Scire has dedi- States to protect our liberties. They United States of America is an initia- cated himself to the students and fac- dedicate their lives in service and con- tive of Carnegie Hall’s Weill Music In- ulty of the College of Liberal Arts at stantly make grave sacrifices to ensure stitute that brings together 120 of the the University of Nevada, Reno, UNR, the safety of our country. For all who most promising and talented young as an adjunct professor. His extensive served and all who continue to serve, I musicians from across the country to education in areas of international re- cannot thank you enough, and you will play together across the Nation and lations, international finance, and po- continue to have my unwavering sup- the globe. This year marks their inau- litical science has prepared him for his port. gural session.

VerDate Mar 15 2010 04:26 May 09, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.030 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3254 CONGRESSIONAL RECORD — SENATE May 8, 2013 Andrew was selected out of a pool of MEASURES PLACED ON THE EC–1385. A communication from the Chair- 2,500 applicants from all 50 States, and CALENDAR man of the Joint Chiefs of Staff, transmit- ting, pursuant to law, a report entitled ‘‘2013 is clearly one of Alabama’s most tal- The following bill was read the sec- ented young musicians. He is a member Report to Congress on Vulnerability Assess- ond time, and placed on the calendar: ments for Fiscal Year 2012 and Military Con- of the National Junior Honor Society S. 888. A bill to provide end user exemp- struction Requirements for the Then-Cur- and also plays the violin, cello, and tions from certain provisions of the Com- rent Future Years Defense Plan’’; to the piano. He hopes to one day pursue a ca- modity Exchange Act and the Securities Ex- Committee on Armed Services. reer as a bass player for a symphony change Act of 1934. EC–1386. A communication from the Under orchestra. f Secretary of Defense (Personnel and Readi- This talented young man will be the ness), Department of Defense, transmitting, EXECUTIVE AND OTHER only Alabamian in the orchestra, as pursuant to law, a report entitled ‘‘2013 Re- COMMUNICATIONS port to Congress on Sustainable Ranges’’; to well as one of only 10 bassists selected. The following communications were the Committee on Armed Services. I am proud to represent a State that is EC–1387. A communication from the Sec- home to promising young individuals laid before the Senate, together with retary of the Treasury, transmitting, pursu- such as Andrew, who are committed to accompanying papers, reports, and doc- ant to law, a six-month periodic report on displaying excellence in their edu- uments, and were referred as indicated: the national emergency with respect to the cation and the arts. EC–1378. A communication from the Chair- stabilization of Iraq that was declared in Ex- Further, I wish Andrew Downs all the man and Chief Executive Officer, Farm Cred- ecutive Order 13303 of May 22, 2003; to the it Administration, transmitting, pursuant to Committee on Banking, Housing, and Urban best as he embarks on his journey play- law, the report of a rule entitled ‘‘Funding Affairs. ing with the National Youth Orchestra. and Fiscal Affairs, Loan Policies and Oper- EC–1388. A communication from the Presi- This is a true honor bestowed upon a ations, and Funding Operations; Liquidity dent and Chief Executive Officer, Federal very deserving student.∑ and Funding’’ (RIN3052–AC54) received in the Home Loan Bank of Pittsburgh, transmit- Office of the President of the Senate on April ting, pursuant to law, the Bank’s 2012 State- f 24, 2013; to the Committee on Agriculture, ment on System of Internal Controls, au- TRIBUTE TO HANNAH MUDD Nutrition, and Forestry. dited financial statements, Report of Inde- EC–1379. A communication from the Acting pendent Registered Public Accounting Firm, ∑ Mr. THUNE. Mr. President, today I Congressional Review Coordinator, Animal and Report of Independent Registered Public recognize Hannah Mudd, an intern in and Plant Health Inspection Service, Depart- Accounting Firm on Compliance and Other my Washington, DC, office, for all of ment of Agriculture, transmitting, pursuant Matters Based on an Audit of Financial the hard work she has done for me, my to law, the report of a rule entitled ‘‘Gypsy Statements Performed in Accordance with staff, and the State of South Dakota. Moth Generally Infested Areas; Additions in Government Auditing Standards; to the Hannah is a graduate of St. Vincent Wisconsin’’ (Docket No. APHIS–2012–0075) re- Committee on Banking, Housing, and Urban ceived during adjournment of the Senate in Affairs. de Paul High School in Perryville, MO. the Office of the President of the Senate on EC–1389. A communication from the Chair- Currently, she is attending Saint April 29, 2013; to the Committee on Agri- man and President of the Export-Import Mary’s College, where she is majoring culture, Nutrition, and Forestry. Bank, transmitting, pursuant to law, a re- in political science and history. She is EC–1380. A communication from the Acting port relative to transactions involving U.S. a hard worker who has been dedicated Congressional Review Coordinator, Animal exports to Kuwait; to the Committee on to getting the most out of her intern- and Plant Health Inspection Service, Depart- Banking, Housing, and Urban Affairs. ship experience. ment of Agriculture, transmitting, pursuant EC–1390. A communication from the Chair- to law, the report of a rule entitled ‘‘Updates man and President of the Export-Import I extend my sincere thanks and ap- to the List of Plant Inspection Stations’’ Bank, transmitting, pursuant to law, a re- preciation to Hannah for all of the fine (Docket No. APHIS–2012–0099) received dur- port relative to transactions involving U.S. work she has done and wish her contin- ing adjournment of the Senate in the Office exports to Mexico; to the Committee on ued success in the years to come.∑ of the President of the Senate on April 29, Banking, Housing, and Urban Affairs. 2013; to the Committee on Agriculture, Nu- EC–1391. A communication from the Direc- f trition, and Forestry. tor, Financial Crimes Enforcement Network, TRIBUTE TO KARINA KIEWEL EC–1381. A communication from the Direc- Department of the Treasury, transmitting, tor of the Regulatory Management Division, pursuant to law, the report of a rule entitled ∑ Mr. THUNE. Mr. President, today I Environmental Protection Agency, transmit- ‘‘Order Imposing Recordkeeping and Report- recognize Karina Kiewel, an intern in ting, pursuant to law, the report of a rule en- ing Obligations on Certain U.S. Financial In- my Washington, DC, office, for all of titled ‘‘Dinotefuran; Pesticide Tolerances for stitutions with Respect to Transactions In- the hard work she has done for me, my Emergency Exemptions; Technical Amend- volving Halawi Exchange Co. as a Financial staff, and the State of South Dakota. ment’’ (FRL No. 9384–9) received in the Office Institution of Primary Money Laundering Karina is a graduate of Dakota Val- of the President of the Senate on April 25, Concern’’ (RIN1506–AA63) received during ad- 2013; to the Committee on Agriculture, Nu- journment of the Senate in the Office of the ley High School in North Sioux City, trition, and Forestry. President of the Senate on April 26, 2013; to SD. Currently, she is attending the EC–1382. A communication from the Direc- the Committee on Banking, Housing, and University of Kansas, where she is ma- tor of the Regulatory Management Division, Urban Affairs. joring in political science and environ- Environmental Protection Agency, transmit- EC–1392. A communication from the Direc- mental studies. She is a hard worker ting, pursuant to law, the report of a rule en- tor, Financial Crimes Enforcement Network, who has been dedicated to getting the titled ‘‘Glyphosate; Pesticide Tolerances’’ Department of the Treasury, transmitting, most out of her internship experience. (FRL No. 9384–3) received during adjourn- pursuant to law, the report of a rule entitled ment of the Senate in the Office of the Presi- ‘‘Order Imposing Recordkeeping and Report- I extend my sincere thanks and ap- dent of the Senate on May 1, 2013; to the ing Obligations on Certain U.S. Financial In- preciation to Karina for all of the fine Committee on Agriculture, Nutrition, and stitutions with Respect to Transactions In- work she has done and wish her contin- Forestry. volving Kassem Rmeiti and Co. for Exchange ued success in the years to come.∑ EC–1383. A communication from the Direc- as a Financial Institution of Primary Money tor of the Regulatory Management Division, Laundering Concern’’ (RIN1506–AA63) re- f Environmental Protection Agency, transmit- ceived during adjournment of the Senate in MESSAGE FROM THE HOUSE ting, pursuant to law, the report of a rule en- the Office of the President of the Senate on titled ‘‘Data Requirements for Antimicrobial April 26, 2013; to the Committee on Banking, Pesticides’’ (FRL No. 8886–5) received during Housing, and Urban Affairs. adjournment of the Senate in the Office of EC–1393. A communication from the Chief ENROLLED BILL SIGNED the President of the Senate on May 1, 2013; to Counsel, Federal Emergency Management At 6:29 p.m., a message from the the Committee on Agriculture, Nutrition, Agency, Department of Homeland Security, House of Representatives, delivered by and Forestry. transmitting, pursuant to law, the report of Mrs. Cole, one of its reading clerks, an- EC–1384. A communication from the Acting a rule entitled ‘‘Final Flood Elevation Deter- Under Secretary of Defense (Personnel and minations’’ ((44 CFR Part 67) (Docket No. nounced that the Speaker has signed Readiness), transmitting a report on the ap- FEMA–2013–0002)) received in the Office of the following enrolled bill: proved retirement of Vice Admiral Carol M. the President of the Senate on March 12, H.R. 1071. An act to specify the size of the Pottenger, United States Navy Reserves, and 2013; to the Committee on Banking, Housing, precious-metal blanks that will be used in her advancement to the grade of vice admi- and Urban Affairs. the production of the National Baseball Hall ral on the retired list; to the Committee on EC–1394. A communication from the Chief of Fame commemorative coins. Armed Services. Counsel, Federal Emergency Management

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.018 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3255 Agency, Department of Homeland Security, the Committee on Environment and Public (OSS–2013–0590); to the Committee on For- transmitting, pursuant to law, the report of Works. eign Relations. a rule entitled ‘‘Final Flood Elevation Deter- EC–1404. A communication from the Direc- EC–1412. A communication from the Assist- minations’’ ((44 CFR Part 67) (Docket No. tor of the Regulatory Management Division, ant Secretary, Bureau of Political-Military FEMA–2013–0002)) received during adjourn- Environmental Protection Agency, transmit- Affairs, Department of State, transmitting, ment of the Senate in the Office of the Presi- ting, pursuant to law, the report of a rule en- pursuant to law, an addendum to a certifi- dent of the Senate on April 29, 2013; to the titled ‘‘Significant New Use Rule on cation, transmittal number: DDTC 13–053, of Committee on Banking, Housing, and Urban Ethoxylated, Propoxylated Diamine Diaryl the proposed sale or export of defense arti- Affairs. Substituted Phenylmethane Ester with cles and/or defense services to a Middle East EC–1395. A communication from the Sec- Alkenylsuccinate, Dialkylethanolamine country regarding any possible affects such a retary of the Commodity Futures Trading Salt’’ (FRL No. 9885–1) received during ad- sale might have relating to Israel’s Quali- Commission, transmitting, pursuant to law, journment of the Senate in the Office of the tative Military Edge over military threats to the report of a rule entitled ‘‘Identity Theft President of the Senate on May 1, 2013; to the Israel; to the Committee on Foreign Rela- Red Flags Rules’’ (RIN3235–AL26) received in Committee on Environment and Public tions. the Office of the President of the Senate on Works. EC–1413. A communication from the Assist- April 25, 2013; to the Committee on Banking, EC–1405. A communication from the Direc- ant Secretary, Bureau of Political-Military Housing, and Urban Affairs. tor of the Regulatory Management Division, Affairs, Department of State, transmitting, EC–1396. A communication from the Execu- Environmental Protection Agency, transmit- pursuant to law, an addendum to a certifi- tive Vice President and Chief Financial Offi- ting, pursuant to law, the report of a rule en- cation, transmittal number: DDTC 13–033, of cer, Federal Home Loan Bank of Chicago, titled ‘‘Georgia: Final Authorization of State the proposed sale or export of defense arti- transmitting, pursuant to law, the Bank’s Hazardous Waste Management Program Re- cles and/or defense services to a Middle East 2012 management reports; to the Committee visions’’ (FRL No. 9806–9) received during ad- country regarding any possible affects such a on Banking, Housing, and Urban Affairs. journment of the Senate in the Office of the sale might have relating to Israel’s Quali- EC–1397. A communication from the Sec- President of the Senate on May 1, 2013; to the tative Military Edge over military threats to retary of the Interior, transmitting, pursu- Committee on Environment and Public Israel; to the Committee on Foreign Rela- ant to law, a report relative to the North Works. tions. Slope Science Initiative; to the Committee EC–1406. A communication from the Direc- EC–1414. A communication from the Acting on Energy and Natural Resources. tor of the Regulatory Management Division, Assistant Secretary, Legislative Affairs, De- EC–1398. A communication from the Ad- Environmental Protection Agency, transmit- partment of State, transmitting, pursuant to ministrator of the U.S. Energy Information ting, pursuant to law, the report of a rule en- law, a report relative to section 36(c) of the Administration, Department of Energy, titled ‘‘Approval and Promulgation of Air Arms Export Control Act (DDTC 13–052); to transmitting, pursuant to law, a report enti- Quality Implementation Plans; Texas; Revi- the Committee on Foreign Relations. tled ‘‘The Availability and Price of Petro- sions to Control of Air Pollution from Nitro- EC–1415. A communication from the Acting leum and Petroleum Products Produced in gen Compounds from Stationary Sources’’ Assistant Secretary, Legislative Affairs, De- Countries Other Than Iran’’; to the Com- (FRL No. 9808–2) received during adjourn- partment of State, transmitting, pursuant to mittee on Energy and Natural Resources. ment of the Senate in the Office of the Presi- law, a report relative to section 36(c) of the EC–1399. A communication from the Divi- dent of the Senate on May 1, 2013; to the Arms Export Control Act (DDTC 13–060); to sion Chief of Regulatory Affairs, Bureau of Committee on Environment and Public the Committee on Foreign Relations. Land Management, Department of the Inte- Works. f rior, transmitting, pursuant to law, the re- EC–1407. A communication from the Direc- port of a rule entitled ‘‘Segregation of tor of the Regulatory Management Division, INTRODUCTION OF BILLS AND Lands—Renewable Energy’’ (RIN1004–AE19) Environmental Protection Agency, transmit- JOINT RESOLUTIONS received during adjournment of the Senate ting, pursuant to law, the report of a rule en- The following bills and joint resolu- in the Office of the President of the Senate titled ‘‘Approval and Promulgation of Air tions were introduced, read the first on April 26, 2013; to the Committee on En- Quality Implementation Plans; Texas; Ap- ergy and Natural Resources. proval of Texas Low Emission Diesel Fuel and second times by unanimous con- EC–1400. A communication from the Direc- Rule Revisions’’ (FRL No. 9808–4) received sent, and referred as indicated: tor of the Regulatory Management Division, during adjournment of the Senate in the Of- By Mr. MERKLEY: Environmental Protection Agency, transmit- fice of the President of the Senate on May 1, S. 891. A bill to increase the employment of ting, a report entitled ‘‘Geologic Sequestra- 2013; to the Committee on Environment and Americans by requiring State workforce tion of Carbon Dioxide: Draft Underground Public Works. agencies to certify that employers are ac- Injection Control (UIC) Program Class VI EC–1408. A communication from the Direc- tively recruiting Americans and that Ameri- Well Plugging, Post-Injection Site Care, and tor of the Regulatory Management Division, cans are not qualified or available to fill the Site Closure Guidance’’; to the Committee Environmental Protection Agency, transmit- positions that the employer wants to fill on Environment and Public Works. ting, pursuant to law, the report of a rule en- with H–2B nonimmigrants; to the Committee EC–1401. A communication from the Direc- titled ‘‘Approval and Promulgation of Air on the Judiciary. tor of the Regulatory Management Division, Quality Implementation Plans; Indiana; Con- By Mr. KIRK (for himself, Mr. Environmental Protection Agency, transmit- sent Decree Requirements’’ (FRL No. 9809–1) MANCHIN, Ms. COLLINS, Mr. NELSON, ting, pursuant to law, the report of a rule en- received during adjournment of the Senate and Mr. CORNYN): titled ‘‘Delegation of New Source Perform- in the Office of the President of the Senate S. 892. A bill to amend the Iran Threat Re- ance Standards and National Emission on May 1, 2013; to the Committee on Envi- duction and Syria Human Rights Act of 2012 Standards for Hazardous Air Pollutants for ronment and Public Works. to impose sanctions with respect to certain the States of Arizona, California, and Ne- EC–1409. A communication from the Acting transactions in foreign currencies, and for vada’’ (FRL No. 9806–3) received in the Office United States Trade Representative, Execu- other purposes; to the Committee on Bank- of the President of the Senate on April 25, tive Office of the President, transmitting a ing, Housing, and Urban Affairs. 2013; to the Committee on Environment and report relative to the inclusion of Japan in By Mr. SANDERS (for himself, Mr. Public Works. the ongoing negotiations of the Trans-Pa- BURR, Mr. ROCKEFELLER, Mrs. MUR- EC–1402. A communication from the Direc- cific Partnership (TPP) Agreement; to the RAY, Mr. BROWN, Mr. TESTER, Mr. tor of the Regulatory Management Division, Committee on Finance. BEGICH, Mr. BLUMENTHAL, Ms. Environmental Protection Agency, transmit- EC–1410. A communication from the Chief HIRONO, Mr. ISAKSON, Mr. JOHANNS, ting, pursuant to law, the report of a rule en- of the Publications and Regulations Branch, Mr. MORAN, Mr. BOOZMAN, and Mr. titled ‘‘Protection of Stratospheric Ozone: Internal Revenue Service, Department of the HELLER): Listing of Substitutes for Ozone-Depleting Treasury, transmitting, pursuant to law, the S. 893. A bill to provide for an increase, ef- Substances—Fire Suppression and Explosion report of a rule entitled ‘‘Relief from the fective December 1, 2013, in the rates of com- Protection’’ (FRL No. 9800–9) received in the Anti-cutback Requirements of 411(d)(6) for pensation for veterans with service-con- Office of the President of the Senate on April Certain ESOP Amendments’’ (Notice 2013–17) nected disabilities and the rates of depend- 25, 2013; to the Committee on Environment received during adjournment of the Senate ency and indemnity compensation for the and Public Works. in the Office of the President of the Senate survivors of certain disabled veterans, and EC–1403. A communication from the Direc- on April 26, 2013; to the Committee on Fi- for other purposes; to the Committee on Vet- tor of the Regulatory Management Division, nance. erans’ Affairs. Environmental Protection Agency, transmit- EC–1411. A communication from the Acting By Mr. SANDERS: ting, pursuant to law, the report of a rule en- Assistant Secretary, Legislative Affairs, De- S. 894. A bill to amend title 38, United titled ‘‘Greenhouse Gas Reporting Rule: Re- partment of State, transmitting, pursuant to States Code, to extend expiring authority for vision to Best Available Monitoring Method law, an annual report concerning military work-study allowances for individuals who Request Submission Deadline for Petroleum assistance and military exports, including are pursuing programs of rehabilitation, edu- and Natural Gas Systems Source Category’’ defence articles and defense services which cation, or training under laws administered (FRL No. 9806–7) received in the Office of the where licensed for export under Section 38 of by the Secretary of Veterans Affairs, to ex- President of the Senate on April 25, 2013; to the Arms Export Control Act, as amended pand such authority to certain outreach

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.033 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3256 CONGRESSIONAL RECORD — SENATE May 8, 2013 services provided through congressional of- S. 905. A bill to amend the Robert T. Staf- S. Res. 133. A resolution expressing the fices, and for other purposes; to the Com- ford Disaster Relief and Emergency Assist- sense of the Senate that Congress and the mittee on Veterans’ Affairs. ance Act to enhance existing programs pro- States should investigate and correct abu- By Mrs. GILLIBRAND (for herself, Mrs. viding mitigation assistance by encouraging sive, unsanitary, and illegal abortion prac- FEINSTEIN, and Ms. COLLINS): States to adopt and actively enforce State tices; to the Committee on Health, Edu- S. 895. A bill to improve the ability of the building codes, and for other purposes; to the cation, Labor, and Pensions. Food and Drug Administration to study the Committee on Homeland Security and Gov- By Mr. BLUMENTHAL (for himself, use of antimicrobial drugs in food-producing ernmental Affairs. Mrs. BOXER, Mrs. SHAHEEN, and Mr. animals; to the Committee on Health, Edu- By Mr. CRAPO (for himself, Mr. FRANKEN): cation, Labor, and Pensions. WYDEN, Ms. CANTWELL, and Mr. S. Res. 134. A resolution expressing the By Mr. BEGICH (for himself, Mr. HELL- RISCH): sense of the Senate that all incidents of abu- ER, Ms. WARREN, and Ms. COLLINS): S. 906. A bill to amend the Internal Rev- sive, unsanitary, or illegal health care prac- S. 896. A bill to amend title II of the Social enue Code of 1986 to expand the technologies tices should be condemned and prevented and Security Act to repeal the Government pen- through which a vehicle qualifies for the the perpetrators should be prosecuted to the sion offset and windfall elimination provi- credit for new qualified plug-in electric drive full extent of the law; to the Committee on sions; to the Committee on Finance. motor vehicles; to the Committee on Fi- Health, Education, Labor, and Pensions. By Ms. WARREN: nance. S. 897. A bill to prevent the doubling of the By Mrs. SHAHEEN (for herself and Ms. f interest rate for Federal subsidized student COLLINS): ADDITIONAL COSPONSORS loans for the 2013–2014 academic year by pro- S. 907. A bill to provide grants to better un- viding funds for such loans through the Fed- derstand and reduce gestational diabetes, S. 131 eral Reserve System, to ensure that such and for other purposes; to the Committee on At the request of Mrs. MURRAY, the loans are available at interest rates that are Health, Education, Labor, and Pensions. name of the Senator from Connecticut equivalent to the interest rates at which the By Mr. JOHNSON of South Dakota: (Mr. BLUMENTHAL) was added as a co- Federal Government provides loans to banks S. 908. A bill to amend the Public Health sponsor of S. 131, a bill to amend title through the discount window operated by Service Act to improve the diagnosis and the Federal Reserve System, and for other treatment of hereditary hemorrhagic 38, United States Code, to improve the purposes; to the Committee on Health, Edu- telangiectasia, and for other purposes; to the reproductive assistance provided by the cation, Labor, and Pensions. Committee on Health, Education, Labor, and Department of Veterans Affairs to se- By Mr. UDALL of New Mexico (for Pensions. verely wounded, ill, or injured veterans himself and Mr. HEINRICH): By Mr. REED (for himself and Mr. DUR- and their spouses, and for other pur- S. 898. A bill to authorize the Adminis- BIN): poses. trator of General Services to convey a parcel S. 909. A bill to amend the Federal Direct S. 273 of real property in Albuquerque, New Mex- Loan Program under the Higher Education ico, to the Amy Biehl High School Founda- Act of 1965 to provide for student loan afford- At the request of Ms. AYOTTE, the tion; to the Committee on Environment and ability, and for other purposes; to the Com- name of the Senator from Maine (Ms. Public Works. mittee on Health, Education, Labor, and COLLINS) was added as a cosponsor of S. By Ms. HIRONO (for herself, Mr. Pensions. 273, a bill to modify the definition of fi- WICKER, Ms. AYOTTE, Mrs. MURRAY, By Ms. MURKOWSKI (for herself and duciary under the Employee Retire- Mr. COCHRAN, Mrs. GILLIBRAND, Mr. Mr. BEGICH): ment Income Security Act of 1974 to UDALL of New Mexico, and Mr. BOOZ- S. 910. A bill to amend the Internal Rev- exclude appraisers of employee stock MAN): enue Code of 1986 to allow Indian tribes to re- S. 899. A bill to establish a position of ceive charitable contributions of apparently ownership plans. Science Laureate of the United States; to wholesome food; to the Committee on Fi- S. 294 the Committee on Commerce, Science, and nance. At the request of Mr. TESTER, the Transportation. f name of the Senator from Iowa (Mr. By Ms. MIKULSKI: S. 900. A bill to amend the Internal Rev- SUBMISSION OF CONCURRENT AND HARKIN) was added as a cosponsor of S. enue Code of 1986 to regulate payroll tax de- SENATE RESOLUTIONS 294, a bill to amend title 38, United States Code, to improve the disability posit agents, and for other purposes; to the The following concurrent resolutions compensation evaluation procedure of Committee on Finance. and Senate resolutions were read, and By Mr. CASEY (for himself and Mr. the Secretary of Veterans Affairs for referred (or acted upon), as indicated: SCHUMER): veterans with mental health conditions S. 901. A bill to protect State and local wit- By Mr. BEGICH: related to military sexual trauma, and S. Res. 131. A resolution recommending the nesses from tampering and retaliation, and for other purposes. for other purposes; to the Committee on the designation of a Presidential Special Envoy Judiciary. to the Balkans to evaluate the successes and S. 296 By Mr. VITTER (for himself and Mr. shortcomings of the implementation of the At the request of Mr. LEAHY, the HELLER): Dayton Peace Accords in Bosnia and names of the Senator from Maine (Mr. Herzegovina, to provide policy recommenda- S. 902. A bill to amend the Patient Protec- KING) and the Senator from Con- tion and Affordable Care Act to apply the tions, and to report back to Congress within necticut (Mr. MURPHY) were added as provisions of the Act to certain Congres- one year; to the Committee on Foreign Rela- sional staff and members of the executive tions. cosponsors of S. 296, a bill to amend the branch; to the Committee on Homeland Se- By Mr. BEGICH (for himself, Mr. Immigration and Nationality Act to curity and Governmental Affairs. TESTER, and Mr. BAUCUS): eliminate discrimination in the immi- By Mr. REID (for Mr. LAUTENBERG (for S. Res. 132. A resolution expressing the gration laws by permitting permanent himself, Mr. SCHUMER, Mr. WHITE- sense of the Senate that the Department of partners of United States citizens and HOUSE, Mr. BLUMENTHAL, Mr. DURBIN, Defense request for domestic Base Realign- lawful permanent residents to obtain and Mr. REED)): ment and Closure authority in 2015 and 2017 lawful permanent resident status in S. 903. A bill to clarify State of residence is neither affordable nor feasible as of the requirements for aliens and nonimmigrant date of agreement to this resolution and that the same manner as spouses of citizens requirements for purposes of chapter 44 of the Department of Defense must further ana- and lawful permanent residents and to title 18, United States Code; to the Com- lyze the capability to consolidate excess penalize immigration fraud in connec- mittee on the Judiciary. overseas infrastructure and increase effi- tion with permanent partnerships. By Mrs. GILLIBRAND (for herself and ciencies by relocating missions from over- S. 309 Mr. WICKER): seas to domestic installations prior to re- At the request of Mr. HARKIN, the S. 904. A bill to minimize the economic and questing domestic Base Realignment and social costs resulting from losses of life, Closure authority; to the Committee on names of the Senator from Connecticut property, well-being, business activity, and Armed Services. (Mr. BLUMENTHAL) and the Senator economic growth associated with extreme By Mr. LEE (for himself, Mr. TOOMEY, from Delaware (Mr. CARPER) were weather events by ensuring that the United Mr. RUBIO, Mr. SCOTT, Mr. CRUZ, Mr. added as cosponsors of S. 309, a bill to States is more resilient to the impacts of ex- INHOFE, Mr. BURR, Mr. VITTER, Mr. award a Congressional Gold Medal to treme weather events in the short- and long- BOOZMAN, Mr. BLUNT, Mrs. FISCHER, the World War II members of the Civil term, and for other purposes; to the Com- Mr. THUNE, Mr. JOHANNS, Mr. PAUL, Air Patrol. mittee on Commerce, Science, and Transpor- Mr. MCCONNELL, Mr. COATS, Mr. COR- S. 313 tation. NYN, Mr. COCHRAN, Mr. CHAMBLISS, By Mr. MENENDEZ (for himself, Mr. Ms. AYOTTE, Mr. ISAKSON, and Mr. At the request of Mr. CASEY, the LAUTENBERG, and Mr. SCHUMER): GRAHAM): names of the Senator from Mississippi

VerDate Mar 15 2010 05:07 May 09, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.020 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3257 (Mr. COCHRAN) and the Senator from sponsor of S. 545, a bill to improve hy- (Mr. ISAKSON) and the Senator from Montana (Mr. TESTER) were added as dropower, and for other purposes. South Dakota (Mr. THUNE) were added cosponsors of S. 313, a bill to amend the S. 548 as cosponsors of S. 731, a bill to require Internal Revenue Code of 1986 to pro- At the request of Ms. KLOBUCHAR, the the Board of Governors of the Federal vide for the tax treatment of ABLE ac- name of the Senator from Iowa (Mr. Reserve System, the Federal Deposit counts established under State pro- HARKIN) was added as a cosponsor of S. Insurance Corporation, and the Office grams for the care of family members 548, a bill to amend title 10, United of the Comptroller of the Currency to with disabilities, and for other pur- States Code, to improve and enhance conduct an empirical impact study on poses. the capabilities of the Armed Forces to proposed rules relating to the Inter- S. 367 prevent and respond to sexual assault national Basel III agreement on gen- eral risk-based capital requirements, At the request of Mr. CARDIN, the and sexual harassment in the Armed name of the Senator from Louisiana Forces, and for other purposes. as they apply to community banks. S. 742 (Ms. LANDRIEU) was added as a cospon- S. 559 sor of S. 367, a bill to amend title XVIII At the request of Mr. CARDIN, the At the request of Mr. ISAKSON, the name of the Senator from South Da- of the Social Security Act to repeal the name of the Senator from New Mexico kota (Mr. JOHNSON) was added as a co- Medicare outpatient rehabilitation (Mr. HEINRICH) was added as a cospon- therapy caps. sponsor of S. 742, a bill to amend the sor of S. 559, a bill to establish a fund Internal Revenue Code of 1986 and the S. 381 to make payments to the Americans Small Business Act to expand the At the request of Mr. BROWN, the held hostage in Iran, and to members availability of employee stock owner- names of the Senator from Alabama of their families, who are identified as ship plans in S corporations, and for (Mr. SHELBY) and the Senator from members of the proposed class in case other purposes. New Hampshire (Mrs. SHAHEEN) were number 1:08-CV–00487 (EGS) of the S. 761 added as cosponsors of S. 381, a bill to United States District Court for the At the request of Mrs. SHAHEEN, the award a Congressional Gold Medal to District of Columbia, and for other pur- names of the Senator from Delaware the World War II members of the ‘‘Doo- poses. (Mr. COONS) and the Senator from little Tokyo Raiders’’, for outstanding S. 579 Maine (Ms. COLLINS) were added as co- heroism, valor, skill, and service to the At the request of Mr. MENENDEZ, the sponsors of S. 761, a bill to promote en- United States in conducting the bomb- name of the Senator from Connecticut ergy savings in residential and com- ings of Tokyo. (Mr. BLUMENTHAL) was added as a co- mercial buildings and industry, and for S. 403 sponsor of S. 579, a bill to direct the other purposes. At the request of Mr. CASEY, the Secretary of State to develop a strat- S. 789 name of the Senator from New Hamp- egy to obtain observer status for Tai- At the request of Mr. BAUCUS, the shire (Mrs. SHAHEEN) was added as a co- wan at the triennial International Civil names of the Senator from Wisconsin sponsor of S. 403, a bill to amend the Aviation Organization Assembly, and (Ms. BALDWIN) and the Senator from Elementary and Secondary Education for other purposes. Georgia (Mr. CHAMBLISS) were added as Act of 1965 to address and take action S. 623 cosponsors of S. 789, a bill to grant the to prevent bullying and harassment of At the request of Mr. CARDIN, the Congressional Gold Medal, collectively, students. names of the Senator from Alaska (Mr. to the First Special Service Force, in S. 409 BEGICH), the Senator from Massachu- recognition of its superior service dur- At the request of Mr. BURR, the name setts (Mr. COWAN) and the Senator ing World War II. of the Senator from Alaska (Ms. MUR- from Louisiana (Ms. LANDRIEU) were S. 813 KOWSKI) was added as a cosponsor of S. added as cosponsors of S. 623, a bill to At the request of Mr. DURBIN, his 409, a bill to add Vietnam Veterans Day amend title XVIII of the Social Secu- name was added as a cosponsor of S. as a patriotic and national observance. rity Act to ensure the continued access 813, a bill to require that Peace Corps S. 427 of Medicare beneficiaries to diagnostic volunteers be subject to the same limi- At the request of Mr. HOEVEN, the imaging services. tations regarding coverage of abortion name of the Senator from Maine (Mr. S. 682 services as employees of the Peace KING) was added as a cosponsor of S. At the request of Mr. COBURN, the Corps with respect to coverage of such 427, a bill to amend the Richard B. Rus- name of the Senator from Georgia (Mr. services, and for other purposes. sell National School Lunch Act to pro- ISAKSON) was added as a cosponsor of S. S. 815 vide flexibility to school food authori- 682, a bill to amend the Higher Edu- At the request of Mr. MERKLEY, the ties in meeting certain nutritional re- cation Act of 1965 to reset interest name of the Senator from Louisiana quirements for the school lunch and rates for new student loans. (Ms. LANDRIEU) was added as a cospon- sor of S. 815, a bill to prohibit the em- breakfast programs, and for other pur- S. 709 poses. ployment discrimination on the basis At the request of Ms. STABENOW, the of sexual orientation or gender iden- S. 501 names of the Senator from Connecticut tity. At the request of Mr. SCHUMER, the (Mr. BLUMENTHAL) and the Senator S. 837 name of the Senator from Minnesota from California (Mrs. FEINSTEIN) were At the request of Mr. HARKIN, the (Ms. KLOBUCHAR) was added as a co- added as cosponsors of S. 709, a bill to name of the Senator from New York sponsor of S. 501, a bill to amend the amend title XVIII of the Social Secu- (Mrs. GILLIBRAND) was added as a co- Internal Revenue Code of 1986 to extend rity Act to increase diagnosis of Alz- sponsor of S. 837, a bill to expand and and increase the exclusion for benefits heimer’s disease and related demen- improve opportunities for beginning provided to volunteer firefighters and tias, leading to better care and out- farmers and ranchers, and for other emergency medical responders. comes for Americans living with Alz- purposes. S 534 heimer’s disease and related demen- . S. 845 tias. At the request of Mr. JOHANNS, the At the request of Mr. TESTER, the name of the Senator from South Da- S. 710 name of the Senator from Connecticut kota (Mr. THUNE) was added as a co- At the request of Mr. WARNER, the (Mr. BLUMENTHAL) was added as a co- sponsor of S. 534, a bill to reform the name of the Senator from Georgia (Mr. sponsor of S. 845, a bill to amend title National Association of Registered ISAKSON) was added as a cosponsor of S. 38, United States Code, to improve the Agents and Brokers, and for other pur- 710, a bill to provide exemptions from Department of Veterans Affairs Health poses. municipal advisor registration require- Professionals Educational Assistance S. 545 ments. Program, and for other purposes. At the request of Ms. MURKOWSKI, the S. 731 S. 862 name of the Senator from Pennsyl- At the request of Mr. MANCHIN, the At the request of Ms. AYOTTE, the vania (Mr. CASEY) was added as a co- names of the Senator from Georgia names of the Senator from Oklahoma

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.022 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3258 CONGRESSIONAL RECORD — SENATE May 8, 2013 (Mr. COBURN), the Senator from Idaho ator from New York (Mr. SCHUMER) and (Ms. KLOBUCHAR), the Senator from (Mr. CRAPO) and the Senator from Ar- the Senator from New Jersey (Mr. Minnesota (Mr. FRANKEN) and the Sen- kansas (Mr. BOOZMAN) were added as MENENDEZ) were added as cosponsors of ator from Ohio (Mr. PORTMAN) were cosponsors of S. 862, a bill to amend amendment No. 802 intended to be pro- added as cosponsors of amendment No. section 5000A of the Internal Revenue posed to S. 601, a bill to provide for the 813 proposed to S. 601, a bill to provide Code of 1986 to provide an additional conservation and development of water for the conservation and development religious exemption from the indi- and related resources, to authorize the of water and related resources, to au- vidual health coverage mandate. Secretary of the Army to construct thorize the Secretary of the Army to S. 865 various projects for improvements to construct various projects for improve- At the request of Mr. HELLER, the rivers and harbors of the United ments to rivers and harbors of the name of the Senator from New Hamp- States, and for other purposes. United States, and for other purposes. shire (Ms. AYOTTE) was added as a co- AMENDMENT NO. 803 At the request of Ms. STABENOW, her sponsor of S. 865, a bill to provide for At the request of Mr. WHITEHOUSE, name was added as a cosponsor of the establishment of a Commission to the names of the Senator from Massa- amendment No. 813 proposed to S. 601, Accelerate the End of Breast Cancer. chusetts (Mr. COWAN) and the Senator supra. S. 867 from New York (Mr. SCHUMER) were f At the request of Mr. PRYOR, the added as cosponsors of amendment No. STATEMENTS ON INTRODUCED names of the Senator from South Da- 803 proposed to S. 601, a bill to provide BILLS AND JOINT RESOLUTIONS kota (Mr. JOHNSON) and the Senator for the conservation and development By Mr. SANDERS (for himself, from Mississippi (Mr. COCHRAN) were of water and related resources, to au- Mr. BURR, Mr. ROCKEFELLER, added as cosponsors of S. 867, a bill to thorize the Secretary of the Army to Mrs. MURRAY, Mr. BROWN, Mr. amend title XVIII of the Social Secu- construct various projects for improve- TESTER, Mr. BEGICH, Mr. rity Act to provide for pharmacy bene- ments to rivers and harbors of the BLUMENTHAL, Ms. HIRONO, Mr. fits manager standards under the Medi- United States, and for other purposes. ISAKSON, Mr. JOHANNS, Mr. care prescription drug program, to es- AMENDMENT NO. 804 MORAN, Mr. BOOZMAN, and Mr. tablish basic audit standards of phar- At the request of Mr. COBURN, the name of the Senator from Oklahoma HELLER): macies, to further transparency of pay- S. 893. A bill to provide for an in- (Mr. INHOFE) was added as a cosponsor ment methodology to pharmacies, and crease, effective December 1, 2013, in to provide for recoupment returns to of amendment No. 804 intended to be proposed to S. 601, a bill to provide for the rates of compensation for veterans Medicare. with service-connected disabilities and S. 871 the conservation and development of water and related resources, to author- the rates of dependency and indemnity At the request of Mrs. MURRAY, the compensation for the survivors of cer- names of the Senator from Alaska (Ms. ize the Secretary of the Army to con- struct various projects for improve- tain disabled veterans, and for other MURKOWSKI) and the Senator from ments to rivers and harbors of the purposes; to the Committee on Vet- Georgia (Mr. CHAMBLISS) were added as United States, and for other purposes. erans’ Affairs. cosponsors of S. 871, a bill to amend Mr. SANDERS. Mr. President, as title 10, United States Code, to enhance AMENDMENT NO. 805 Chairman of the Committee on Vet- assistance for victims of sexual assault At the request of Mr. COBURN, the erans’ Affairs, I am proud to introduce committed by members of the Armed names of the Senator from Oklahoma the Veterans’ Compensation Cost-of- Forces, and for other purposes. (Mr. INHOFE) and the Senator from Mis- Living Adjustment Act of 2013. I am sissippi (Mr. COCHRAN) were added as S. 877 also pleased to be joined by Ranking cosponsors of amendment No. 805 pro- At the request of Mr. BEGICH, the Member BURR and all of my colleagues posed to S. 601, a bill to provide for the name of the Senator from Connecticut on the Committee on Veterans’ Affairs conservation and development of water (Mr. BLUMENTHAL) was added as a co- in introducing this important legisla- and related resources, to authorize the sponsor of S. 877, a bill to require the tion. I look forward to our continued Secretary of the Army to construct Secretary of Veterans Affairs to allow work together to improve the lives of various projects for improvements to public access to research of the Depart- our Nation’s veterans. rivers and harbors of the United ment, and for other purposes. Effective December 1, 2013, this meas- States, and for other purposes. S. 878 ure would direct the Secretary of Vet- AMENDMENT NO. 806 At the request of Mr. FRANKEN, the erans Affairs to increase the rates of At the request of Mr. PRYOR, the veterans’ compensation to keep pace name of the Senator from Illinois (Mr. name of the Senator from Arkansas DURBIN) was added as a cosponsor of S. with a rise in the cost-of-living, should (Mr. BOOZMAN) was added as a cospon- 878, a bill to amend title 9 of the United an adjustment be prompted by an in- sor of amendment No. 806 proposed to crease in the Consumer Price Index, States Code with respect to arbitra- S. 601, a bill to provide for the con- tion. CPI. Referred to as the COLA, this im- servation and development of water portant legislation would make an in- S. 886 and related resources, to authorize the crease available to veterans at the At the request of Mr. LEE, the name Secretary of the Army to construct same level as the increase provided to of the Senator from New Hampshire various projects for improvements to recipients of Social Security benefits. (Ms. AYOTTE) was added as a cosponsor rivers and harbors of the United Last year, I was proud to cosponsor of S. 886, a bill to amend title 18, States, and for other purposes. the Veterans’ Compensation Cost-of- United States Code, to protect pain-ca- AMENDMENT NO. 810 Living Adjustment Act of 2012, which pable unborn children in the District of At the request of Mr. PAUL, the name provided a 1.7 percent increase in vet- Columbia, and for other purposes. of the Senator from Florida (Mr. erans’ compensation. The annual COLA S. 888 RUBIO) was added as a cosponsor of legislation is so important because it At the request of Mr. JOHANNS, the amendment No. 810 intended to be pro- impacts vital benefits, including vet- name of the Senator from Nebraska posed to S. 601, a bill to provide for the erans’ disability compensation and de- (Mrs. FISCHER) was added as a cospon- conservation and development of water pendency and indemnity compensation sor of S. 888, a bill to provide end user and related resources, to authorize the for surviving spouses and children. In exemptions from certain provisions of Secretary of the Army to construct fiscal year 2014, it is projected that the Commodity Exchange Act and the various projects for improvements to over 4.2 million veterans and survivors Securities Exchange Act of 1934. rivers and harbors of the United will receive compensation benefits. AMENDMENT NO. 802 States, and for other purposes. As a longstanding advocate of our At the request of Ms. LANDRIEU, the AMENDMENT NO. 813 Nation’s veterans, I understand the names of the Senator from New York At the request of Mr. BROWN, the critical nature of these benefits as (Mrs. GILLIBRAND), the Senator from names of the Senator from Illinois (Mr. many recipients depend upon these tax- New Jersey (Mr. LAUTENBERG), the Sen- DURBIN), the Senator from Minnesota free payments to feed their families,

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.024 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3259 heat their homes, pay for prescription amounts under sections 1313(a) and 1314 of VA has determined work-study par- drugs, and to provide for the needs of such title. ticipants do not have the authority to spouses and children. We have an obli- (c) DETERMINATION OF INCREASE.—Each work in congressional offices, despite dollar amount described in subsection (b) gation to the men and women who have shall be increased by the same percentage as their successful service in such offices sacrificed so much to serve our country the percentage by which benefit amounts in the past. These veterans were crit- and who now deserve nothing less than payable under title II of the Social Security ical to Congress’ efforts to understand the full support of a grateful Nation. Act (42 U.S.C. 401 et seq.) are increased effec- the needs of our Nation’s veterans. The COLA brings us one step closer to tive December 1, 2013, as a result of a deter- They used congressional resources and fulfilling our Nation’s promise to care mination under section 215(i) of such Act (42 personal experience to help veterans for our brave veterans and their fami- U.S.C. 415(i)). access earned benefits and services. (d) SPECIAL RULE.—The Secretary of Vet- This legislation would allow veterans lies. erans Affairs may adjust administratively, We also must continue to ensure that consistent with the increases made under to work in congressional offices to as- these benefits are not diminished by subsection (a), the rates of disability com- sist other veterans with casework the effects of inflation. For this reason, pensation payable to persons under section issues, help congressional staff address I strongly oppose the President’s pro- 10 of Public Law 85–857 (72 Stat. 1263) who the unique challenges facing our new- posal to adopt the chained CPI. I am have not received compensation under chap- est generation of veterans, and develop joined in opposition by nearly every ter 11 of title 38, United States Code. the knowledge and experience needed major veterans’ organization in Amer- (e) PUBLICATION OF ADJUSTED RATES.— to successfully transition into the ci- The Secretary of Veterans Affairs shall pub- ica. The Gold Star Wives, The Amer- vilian workforce. lish in the Federal Register the amounts Our veterans have sacrificed so much ican Legion, Veterans of Foreign Wars, specified in subsection (b), as increased Disabled American Veterans and many, under subsection (a), not later than the date in defense of this country. They de- many more all oppose the chained CPI. on which the matters specified in section serve a seamless transition when they I will do everything within my power 215(i)(2)(D) of the Social Security Act (42 look to return to civilian life. This leg- as Chairman of the Veterans’ Affairs U.S.C. 415(i)(2)(D)) are required to be pub- islation would expand a program that Committee to ensure we honor the lished by reason of a determination made has been so vital in preparing veterans promise we made to veterans and sur- under section 215(i) of such Act during fiscal to succeed in the civilian workforce. vivors. It is important that this coun- year 2014. Mr. President, I ask unanimous con- sent that the text of the bill be printed try address our budget deficit, but By Mr. SANDERS: there are fairer ways to do it than on in the RECORD. S. 894. A bill to amend title 38, There being no objection, the text of the backs of disabled veterans—men United States Code, to extend expiring and women who have already sacrificed the bill was ordered to be printed in authority for work-study allowances the RECORD, as follows: so much for their country. for individuals who are pursuing pro- I ask my colleagues to join with me S. 894 grams of rehabilitation, education, or Be it enacted by the Senate and House of Rep- in honoring the promise that has been training under laws administered by made to our Nation’s veterans. We can- resentatives of the United States of America in the Secretary of Veterans Affairs, to Congress assembled, not allow this misguided attempt to expand such authority to certain out- SECTION 1. EXTENSION AND EXPANSION OF AU- balance the budget on the backs of reach services provided through con- THORITY FOR CERTAIN QUALIFYING those who have so proudly served our gressional offices, and for other pur- WORK-STUDY ACTIVITIES FOR PUR- Nation diminish the benefits provided POSES OF THE EDUCATIONAL AS- poses; to the Committee on Veterans’ SISTANCE PROGRAMS OF THE DE- to veterans and their survivors. Affairs. PARTMENT OF VETERANS AFFAIRS. Mr. President, I ask unanimous con- Mr. SANDERS. Mr. President, as the (a) EXTENSION OF EXPIRING CURRENT AU- sent that the text of the bill be printed Chairman of the Veterans’ Affairs THORITY.—Section 3485(a)(4) of title 38, in the RECORD. Committee, I am committed to ensur- United States Code, is amended by striking ‘‘June 30, 2013’’ each place it appears and in- There being no objection, the text of ing we provide our Nation’s veterans the bill was ordered to be printed in serting ‘‘June 30, 2016’’. the opportunities they need to success- (b) EXPANSION TO OUTREACH SERVICES PRO- the RECORD, as follows: fully transition back to civilian life. VIDED THROUGH CONGRESSIONAL OFFICES.— S. 893 One of the programs afforded to vet- Such section is further amended by adding at Be it enacted by the Senate and House of erans to assist them during this dif- the end the following new subparagraph: Representatives of the United States of America ficult time is the Department of Vet- ‘‘(K) During the period beginning on June in Congress assembled, 30, 2013, and ending on June 30, 2016, the fol- erans Affairs’ work-study program. lowing activities carried out at the offices of SECTION 1. SHORT TITLE. VA’s work-study program provides This Act may be cited as the ‘‘Veterans’ Members of Congress for such Members: Compensation Cost-of-Living Adjustment veterans participating in several VA ‘‘(i) The distribution of information to Act of 2013’’. educational, vocational, and rehabili- members of the Armed Forces, veterans, and SEC. 2. INCREASE IN RATES OF DISABILITY COM- tation programs the opportunity to their dependents about the benefits and serv- PENSATION AND DEPENDENCY AND work alongside school certifying offi- ices under laws administered by the Sec- INDEMNITY COMPENSATION. cials and State and Federal employees retary and other appropriate governmental (a) RATE ADJUSTMENT.—Effective on De- to assist veterans with VA benefits and and non-governmental programs. cember 1, 2013, the Secretary of Veterans Af- services. In fiscal year 2012, this pro- ‘‘(ii) The preparation and processing of pa- fairs shall increase, in accordance with sub- pers and other documents, including docu- section (c), the dollar amounts in effect on gram assisted more than 10,000 vet- ments to assist in the preparation and pres- November 30, 2013, for the payment of dis- erans, who received approximately entation of claims for benefits under laws ad- ability compensation and dependency and in- $25.7 million in work study payments. ministered by the Secretary.’’. demnity compensation under the provisions Under current law, this program is set (c) ANNUAL REPORTS.— specified in subsection (b). to expire this year. (1) IN GENERAL.—Not later than June 30 (b) AMOUNTS TO BE INCREASED.—The dol- I am proud to introduce legislation each year, beginning with 2014 and ending lar amounts to be increased pursuant to sub- that would extend VA’s work-study with 2016, the Secretary of Veterans Affairs section (a) are the following: program for three more years. This leg- shall submit to Congress a report on the (1) WARTIME DISABILITY COMPENSATION.— work-study allowances paid under paragraph Each of the dollar amounts under section islation would allow veterans to con- (1) of section 3485(a) of title 38, United States 1114 of title 38, United States Code. tinue doing such important activities Code, during the most recent one-year period (2) ADDITIONAL COMPENSATION FOR DE- as conducting outreach programs with for qualifying work-study activities de- PENDENTS.—Each of the dollar amounts State Approving Agencies; working scribed in paragraph (4) of such section, as under section 1115(1) of such title. with a National Cemetery or a State amended by subsections (a) and (b) of this (3) CLOTHING ALLOWANCE.—The dollar Veteran’s Cemetery; assisting in caring section. amount under section 1162 of such title. for veterans in State Homes; and work- (2) CONTENTS.—Each report submitted (4) DEPENDENCY AND INDEMNITY COM- ing with school certifying officials, under paragraph (1) shall include, for the PENSATION TO SURVIVING SPOUSE.—Each of year covered by such report, the following: the dollar amounts under subsections (a) claims processors, and other state and (A) A description of the recipients of such through (d) of section 1311 of such title. federal employees to provide much work-study allowances. (5) DEPENDENCY AND INDEMNITY COM- needed benefits and services to our Na- (B) A list of the locations where qualifying PENSATION TO CHILDREN.—Each of the dollar tion’s heroes. work-study activities were carried out.

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G08MY6.006 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3260 CONGRESSIONAL RECORD — SENATE May 8, 2013 (C) A description of the outreach con- get through the Federal Reserve dis- student loan affordability, and for ducted by the Secretary to increase aware- count window. For 1 year the Federal other purposes; to the Committee on ness of the eligibility of such work-study ac- Reserve would make funds available to Health, Education, Labor, and Pen- tivities for such work-study allowances. the Department of Education to make sions. By Ms. WARREN: loans to students at the same low rates Mr. REED. Mr. President, I am S. 897. A bill to prevent the doubling offered to the big banks. This will give pleased to introduce the Responsible of the interest rate for Federal sub- students relief from high interest rates Student Loan Solutions Act with Sen- sidized student loans for the 2013–2014 while giving Congress a chance to find ator DURBIN to offer a long-term ap- academic year by providing funds for a long-term solution. proach to setting student loan interest such loans through the Federal Reserve Some may say we can’t afford this rates. System, to ensure that such loans are proposal. I would remind them the Fed- Congress must take swift action to available at interest rates that are eral Government currently makes 36 prevent the doubling of the interest equivalent to the interest rates at cents in profit for every $1 it lends to rate on need-based loans on July 1, 54 which the Federal Government pro- students. Add up those profits and days away. We also need a new mecha- vides loans to banks through the dis- you’ll find next year student loans will nism for setting interest rates on all count window operated by the Federal bring in $34 billion. Meanwhile, the federal student loans for the long term Reserve System, and for other pur- banks pay interest that is one-ninth of so that students and taxpayers are pro- poses; to the Committee on Health, the amount students will be asked to tected, and we need to take the time to Education, Labor, and Pensions. pay. That is just wrong. It doesn’t re- get it right. Ms. WARREN. Mr. President, on July flect our values. We shouldn’t be prof- In April, I introduced the Student 1, the interest rate on new federally iting from our students who are drown- Loan Affordability Act to keep the rate subsidized student loans is set to dou- ing in debt while we are giving a great on subsidized loans at 3.4 percent for ble from 3.4 to 6.8 percent. That means deal to the big banks. We should be in- the next 2 years. This would give Con- unless Congress acts, for millions of vesting in our young people so they can gress time to debate a long-term solu- young people the cost of borrowing get good jobs and grow the economy, so tion as part of the reauthorization of money to go to college will double. let’s give them the same great deal the the Higher Education Act. The student debt problem in this banks get. Today, I am introducing legislation country is a quiet but growing crisis. Some explain that we give banks ex- with Senator DURBIN and Congressman Today’s graduates collectively carry ceptionally low interest rates because TIERNEY and Congressman COURTNEY to more than $1 trillion in debt—more the economy is still shaky and banks overhaul the mechanism for setting the than all the outstanding credit card need access to cheap credit to continue interest rates on federal student loans. debt in the whole country. Doubling the recovery. But our students are just Instead of setting a numerical rate in the interest rate on new student loans as important as banks to a strong re- law, which quickly becomes out of sync will just increase the pressure on our covery, and the debt they carry poses a with the economic and interest rate en- young people. serious risk to that recovery. In fact, vironment, or locking borrowers into a Keep in mind: these young people in March of this year, the Federal Re- fixed rate with no opportunity to refi- didn’t go to the mall and run up serve said because of the economic im- nance when rates drop, our proposal charges on a credit card. They worked pact on family budgets, high levels of will offer adjustable rate loans for stu- hard, they stayed in class, they learned student debt pose a risk to our shaky dents and parents with the protection new skills, and they borrowed what economic recovery. of a cap on the maximum interest rate they needed to pay for their education. If the Federal Reserve can float tril- that could be charged during periods of Their education will improve their op- lions of dollars to large financial insti- high interest rates. portunities in life, but their education tutions at low interest rates to grow In today’s low interest rate environ- will not just help these students. When the economy, surely they can float the ment, the fixed rates for student loans they acquire more skills, these stu- Department of Education the money to are too high, resulting in student loans dents help us build a strong and com- fund our students, keep us competitive, generating a profit for the Federal petitive economy and they strengthen and grow our middle class. Government. If we would have main- our middle class. Let’s face it, banks get a great deal tained the variable rate for student Student interest rates are set to dou- when they borrow money from the Fed. loans that was in law before 2006, the ble in less than 2 months, but so far In effect, the American taxpayer is in- interest rate for students in repayment this Congress has done nothing—noth- vesting in those banks. We should on their loans would be 2.39 percent ing—to address this problem. Some make the same kind of investment in this year. At today’s fixed rates, they people say that we can’t afford to help our young people who are trying to get will pay 3.4 percent for subsidized loans our kids through school by keeping an education. Lend them the money and 6.8 percent for unsubsidized loans. student loan interest rates low. But and make them pay it back, but give The Federal Government provides stu- right now, as I speak, the Federal Gov- our kids a break on the interest they dent loans to increase the number of ernment offers far lower interest rates pay. Let’s bank on students. Americans who attain college degrees, on loans, every single day—they just The Bank on Students Loan Fairness not to generate revenue. Yet, according don’t do it for everyone. Act is my first stand-alone bill in the to CBO estimates, the Federal Govern- Right now, a big bank can get a loan Senate. I am introducing this bill be- ment will save more than 36 cents for through the Federal Reserve discount cause our students are facing a crisis. every dollar lent in the student loan window at a rate of about 0.75 percent. We cannot stand by and simply watch. programs for fiscal year 2013. CBO But this summer a student who is try- This is about our students, our econ- projects that the student loan pro- ing to get a loan to go to college will omy, and our values. The Bank on Stu- grams will continue to generate sav- pay almost 7 percent. In other words, dents Loan Fairness Act is a first step ings on the backs of students through the Federal Government is going to toward helping young people who are fiscal year 2023. We need to change charge interest rates that are nine drowning in debt. Unlike the big banks, this. times higher than the rates for the big- students don’t have armies of lobbyists The Responsible Student Loan Solu- gest banks—the same banks that de- and lawyers. They have only their tions Act will offer adjustable rate stroyed millions of jobs and nearly voices. And they call on us to do what loans for students and parents with a broke the economy. That isn’t right. is right. cap on the maximum interest rate that And that is why I am introducing legis- I thank the Chair. could be charged to protect borrowers lation today to give students the same during periods of high interest rates. deal that we give to the big banks. By Mr. REED (for himself and Interest rates for need-based, sub- The Bank on Students Loan Fairness Mr. DURBIN): sidized loans will be capped at 6.8 per- Act would allow students eligible for S. 909. A bill to amend the Federal cent. Rates for unsubsidized and parent federally subsidized Stafford loans to Direct Loan Program under the Higher loans will be capped at 8.25 percent. borrow at the same rate the big banks Education Act of 1965 to provide for Rates will be set every year based on

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.029 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3261 the 91-day Treasury bill plus a percent- SUBMITTED RESOLUTIONS Grand Chamber of the European Court of age determined by the Secretary of Human Rights in the case of Sejdic´-Finci from 2009 with regard to the election to the Education to cover program adminis- SENATE RESOLUTION 131—RECOM- Presidency and House of Peoples of BiH of tration and borrower benefits. The Sec- MENDING THE DESIGNATION OF Others, who are defined as those Bosnian retary must set the rate so that the A PRESIDENTIAL SPECIAL citizens who are not primarily a member of student loan programs are revenue the Dayton Accords’ stipulated three con- ENVOY TO THE BALKANS TO stitutive peoples— the Serb Bosnians, the neutral. EVALUATE THE SUCCESSES AND Croat Bosnians, and the Muslim Bosnians or The Responsible Student Loan Solu- SHORTCOMINGS OF THE IMPLE- Bosniaks; tions Act will also correct an inequity MENTATION OF THE DAYTON Whereas reform at any level, including PEACE ACCORDS IN BOSNIA AND that originating from the implementation of for undergraduate students who qualify HERZEGOVINA, TO PROVIDE POL- the European Court of Human Rights ruling for subsidized loans. Currently, a de- ICY RECOMMENDATIONS, AND TO on the Sejdic´-Finci Case, should take into pendent undergraduate student can REPORT BACK TO CONGRESS account the protection of equal constitu- borrow up to $31,000 total. However, the tional rights of all; WITHIN ONE YEAR Whereas the elections in BiH should reflect maximum amount that can be sub- Mr. BEGICH submitted the following the right of the constituent peoples and oth- sidized is $23,000, which means that resolution; which was referred to the ers to choose their legal representatives, who needy students often have to resort to Committee on Foreign Relations: would therefore represent those people con- more expensive unsubsidized loans to S. RES. 131 sistent with the founding provisions of the finance a part or the remainder of their Dayton Peace Accords, as opposed to the ex- Whereas, on December 14, 1995, the General isting practice, which allows for the rep- education costs. The Responsible Stu- Framework Agreement for Peace in Bosnia resentatives of one people to be elected by dent Loan Solutions Act will allow bor- and Herzegovina (referred to in this resolu- the members of other constituent peoples, tion as ‘‘BiH’’), known as the Dayton Peace hindering the political stability of BiH; rowers with demonstrated financial Accords, brought an end to the brutal con- need to have up to the full loan limit in Whereas only the full protection of equal flict in that country that was marked by ag- political, economic, legal, and religious the lower cost subsidized program. gression and ethnic cleansing, including the rights of all the constituent peoples and oth- commission of war crimes, crimes against ers throughout the territory of BiH, includ- Finally, the Responsible Student humanity, and genocide; Loan Solutions Act will allow bor- ing the inalienable right to return, will guar- Whereas the Dayton Peace Accords define antee the future stability, functionality, and rowers with high fixed-rate federal stu- BiH as a country with three constituent peo- effectiveness of the country; dent loans to refinance those loans into ples—Bosniaks, Croats, and Serbs—to be Whereas the number of Bosnian Croats has comprised of two internal entities known as declined from 820,000 before the war to the new variable rate loan with a cap. the Federation of Bosnia and Herzegovina This could be a real help to borrowers around 460,000 remaining in BiH today, as re- (FBiH) and Republika Srpska (RS), from ported by the Catholic Church in BiH which trying to make ends meet, considering which an extremely complex, fundamentally has played an important role in protecting that, under current conditions, rates flawed system of governance and administra- rights of Catholic Bosnian Croats and report- calculated under a bill would be much tion has been derived; ing problems and cases of destruction of per- Whereas the Dayton Peace Accords in- lower than the fixed rates for unsub- sonal and real property of both the Catholic cluded many compromises imposed by the Church and Croat returnees; sidized loans 6.8 percent, PLUS loans need for quick action to preserve human life Whereas it is not acceptable that this neg- made under the old bank-based pro- and bring an end to the conflict in BiH, and ative demographic trend is reflected in the gram, 8.5 percent, and PLUS loans as a result may have hindered efforts to de- reduction of constitutional rights of Bosnian velop efficient and effective political institu- made through the Federal Direct Loan Croats, as that reduction directly causes po- tions capable of overcoming the challenges litical and administrative dysfunctionality program 7.9 percent. required to become an integral member of of the country; We need a multi-faceted approach to the Euro-Atlantic community of nation- Whereas a functional BiH as a whole is not states; solving our student loan debt crisis, possible without a fully functional FBiH, one Whereas, since the signing of the Dayton of the two entities established by the Dayton which reports from the Federal Reserve Peace Accords, the Government and people Peace Accords, both being ethnically and ad- and others show is a drag on our econ- of BiH have been working in partnership ministratively composite; omy. We cannot allow this generation with the international community to Whereas FBiH’s protracted poor of Americans to flounder, unable to achieve progress in building a peaceful and functionality only exacerbates the existing democratic society based on the rule of law, predominant separatist tendency in the RS, buy a home or a car or secure credit or respect for human rights, and a free market the predominantly Serb entity of BiH, thus start a family under the weight of stu- economy; threatening the very integrity of the coun- dent debt. Whereas BiH demonstrated its commit- try as a whole; ment to the shared values of democracy, se- Whereas continuous economic decline is a We need to keep rates low in the curity, and stability by joining the Partner- direct consequence of the fact that most of short term—that means taking quick ship for Peace program of the North Atlantic BiH’s gross domestic product (GDP) is gen- action to keep the rate from doubling Treaty Organization (NATO) in December erated from the publicly owned companies, in July. It also means over the long- 2006; which are run at the RS and FBiH entity lev- Whereas BiH received a conditional Mem- els by political parties with enduring ethno- term, setting rates in a way that does bership Action Plan status in NATO in April centric agendas reflecting their particular not add to the growth of student debt. 2010 pending completion of specific military and non-common interests, preventing the I encourage our colleagues to join Sen- and political reforms; further creation of much-needed free enter- ator DURBIN and me in cosponsoring Whereas the Government of BiH took the prise business development and closely inte- the Responsible Student Loan Solu- first important step on the road toward Eu- grated national internal markets; ropean Union (EU) membership by signing a Whereas the social fabric of BiH is the sin- tions Act to put in place a long-term Stabilization and Association Agreement gle most important victim of the war and en- approach to setting student loan inter- (SAA) with the EU in June 2008; suing political conflict, and the need for re- est rates that is fair to students and Whereas, despite these notable achieve- pair, strengthening, and further development taxpayers. I also urge our colleagues to ments, the Government and people of BiH of civil society is fundamental to the coun- continue to face significant challenges in try’s recovery and desired development; support taking immediate steps to re- their efforts at integrating into Euro-Atlan- Whereas the Republic of Croatia has clear- assure students and families that the tic institutions and the country’s economy ly demonstrated that allegiance to democ- rate on subsidized loans will not double continues to decline; racy, market economy, rule of law, and re- this July. Whereas the Council of Europe’s Venice spect for human and citizen rights is condu- Commission concluded that the current con- cive to full integration into the Euro-Atlan- stitutional arrangements in BiH are not con- tic community, and the Government of Cro- ducive to the efficient or rational func- atia continues to play an active role in con- tioning of state institutions, hindering the tributing to BiH’s political stability, inter- pace of the country’s accession to NATO and nal integrity, and international viability; the EU; Whereas all the other neighbors of BiH Whereas the Government of BiH has the share the ambition to join the European obligation to implement the ruling of the Union; and

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.035 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3262 CONGRESSIONAL RECORD — SENATE May 8, 2013 Whereas the future of BiH is in the Euro- tional rights of all, including Bosnian of Defense for authority to conduct a domes- pean Union and NATO: Now, therefore, be it Croats—demographically smallest of the tic BRAC round must be preceded by a com- Resolved, That the Senate— three Dayton Peace Accords recognized con- prehensive evaluation of opportunities to ob- (1) reiterates its support for the sov- stituent peoples in BiH—and prevent further tain efficiencies through the consolidation of ereignty, territorial integrity, and legal con- weakening of their position; the overseas operations of defense agencies tinuity of BiH within its internationally rec- (11) believes that it is important that the and possible relocation back to the United ognized borders, as well as the equality of its United States Government, together with States; three constituent peoples and others within other international actors, support countries Whereas the Base Structure Report for fis- an integrated multiethnic country; of the region in fulfilling their obligations as cal year 2012 of the Office of the Deputy (2) welcomes steps taken by the govern- agreed through the launching of the Sara- Under Secretary of Defense, Installations ment of BiH towards integration into the jevo Process in 2005, reaffirmed in the 2011 and Environment, found that the Depart- Euro-Atlantic community and reiterates its Belgrade Declaration, as well as during the ment of Defense has 666 military sites in for- position that this commitment is in the in- Donor Conference held in Sarajevo in April eign countries, including 232 in Germany, 109 terests of the further stabilization of the re- 2012, aimed at ending the protracted refugee in Japan, and 85 in South Korea; gion of southeastern Europe; and internal-displacement situation in the Whereas the United States has developed (3) emphasizes that it is urgent that BiH, region of Southeast Europe and finding dura- an increased capacity to rapidly deploy as well as its internal political entities, all ble solutions for the refugees and internally around the globe, thereby reducing the stra- work toward the creation of an efficient and displaced persons through the implementa- tegic value of an overseas footprint based effective state able to meet its domestic and tion of the Balkans Regional Housing Pro- largely on Cold War geopolitics and an obso- international obligations with effective and gramme; functional institutions, and that the na- lete National Security Strategy; (12) reiterates its call that the United Whereas the Government Accountability tional government of BiH—as well as the in- States should designate a Presidential Spe- stitutions of the entities—are able to instill Office concluded in a 2007 study that the 2005 cial Envoy to the Balkans who should work BRAC round was the most complex and cost- necessary reforms in order to fulfill Euro- in partnership with the OHR, the EU, NATO, pean Union and North Atlantic Treaty Orga- liest ever; and the political leaders in Bosnia and Whereas the Government Accountability nization membership requirements; Herzegovina, as well as with neighboring (4) reiterates its call that constitutional Office found in a 2012 report entitled ‘‘Mili- countries, to facilitate much needed reforms tary Base Realignments and Closures: Up- reform in BiH take the Dayton Peace Ac- at all levels of government and society in cords as its basis, but advance the principles dated Costs and Savings Estimates from BiH; and of political, economic, legal, and religious BRAC 2005’’ that the 2005 BRAC round far ex- (13) urges the Presidential Special Envoy, equality and tolerance in order to rectify ceeded estimated implementation costs, not later than one year after the date of the provisions that conflict with the European growing from $21,000,000,000 to $35,100,000,000, enactment of this Act, to submit to the Com- Charter of Human Rights and the ruling of a 67 percent increase; mittees on Foreign Relations and Appropria- the European Court of Human Rights, and to Whereas the Government Accountability tions of the Senate and the Committees on rectify the conditions to enable economic de- Office found in the 2012 report that the esti- Foreign Affairs and Appropriations of the velopment and the creation of a single eco- mated 20-year savings for the 2005 BRAC House of Representatives a report with tar- nomic space, including through the fair and round decreased by 72 percent from geted evaluations and discoveries, including effective functioning of public companies so $35,600,000,000 to $9,900,000,000; to provide proposals on how to address any as to be consistent with the goal of success- Whereas the Government Accountability ongoing difficulties outlined above, as well ful EU membership; Office estimates that it will take until 2017 as ways to overcome any remaining polit- (5) stresses the importance of privatization for the Department of Defense to recoup up- ical, economic, legal, or religious inequal- of the publicly owned enterprises through front implementation costs of BRAC 2005, 4 ities in BiH. fully transparent international tenders pre- years longer than the BRAC Commission es- pared in close cooperation with the EU and f timates and 12 years after the date of execu- the Office of the High Representative (OHR) tion and initial investment; as a means of avoiding the misplacement of SENATE RESOLUTION 132—EX- Whereas the Department of Defense would political attention and energy toward run- PRESSING THE SENSE OF THE spend $2,400,000,000 in a time of fiscal aus- ning companies rather than providing effec- SENATE THAT THE DEPART- terity to execute the proposed BRAC round tive service to the citizens of the country; MENT OF DEFENSE REQUEST in 2015; (6) commends the present focus of the FOR DOMESTIC BASE REALIGN- Whereas the financial crisis in the United United States Government in support of MENT AND CLOSURE AUTHORITY States continues to challenge local econo- stronger civil society in BiH, and urges the mies and a BRAC round would create more Department of State to further increase en- IN 2015 AND 2017 IS NEITHER AF- FORDABLE NOR FEASIBLE AS OF uncertainty and economic hardship for im- deavors in that regard; pacted communities still in the recovery (7) believes that the Department of State THE DATE OF AGREEMENT TO process; and the President must seek to address all THIS RESOLUTION AND THAT Whereas Federal budget uncertainty and these matters more emphatically in a man- THE DEPARTMENT OF DEFENSE the fiscal challenges a domestic BRAC round ner that provides for a just evaluation of the MUST FURTHER ANALYZE THE would bring to communities renders the sig- current grievances of the three constituent CAPABILITY TO CONSOLIDATE nificant $2,400,000,000 in up-front costs nei- peoples and the Others in the two entities of ther affordable nor feasible as of the date of the BiH; EXCESS OVERSEAS INFRASTRUC- agreement to this resolution; and (8) believes that it is of paramount impor- TURE AND INCREASE EFFI- Whereas the lack of potential return on tance that the United States Government CIENCIES BY RELOCATING MIS- the significant investment required for a work closely with the EU in conceiving and SIONS FROM OVERSEAS TO DO- BRAC round may result in an inefficient use implementing an accession process specifi- MESTIC INSTALLATIONS PRIOR of taxpayer funds: Now, therefore, be it cally made for BiH, which would link in a TO REQUESTING DOMESTIC BASE causal and firmly conditional way the inter- REALIGNMENT AND CLOSURE Resolved, That it is the sense of the Senate nal integration of BiH with its phased inte- AUTHORITY that— gration into the EU; (1) as of the date of agreement to this reso- (9) urges that it is substantially beneficial Mr. BEGICH (for himself, Mr. lution, the Department of Defense should not for the process of building up the functional TESTER, and Mr. BAUCUS) submitted be granted authority for the requested 2015 capacities of BiH to the level of its full abil- the following resolution; which was re- and 2017 Base Realignment and Closure ity to enable membership in NATO and the ferred to the Committee on Armed rounds; EU, that the United States Government Services: (2) before granting the authority for the re- work closely with BiH’s neighboring coun- quested 2015 and 2017 BRAC rounds, the De- tries—especially those who are signatories to S. RES. 132 partment of Defense should achieve eco- the Dayton Peace Accords—ensuring consist- Whereas the Department of Defense claims nomic efficiencies by— ency along the lines of their own European a 24 percent surplus in domestic military in- (A) closing and consolidating excess infra- ambitions so that they actively contribute frastructure and has requested domestic structure and facilities in overseas locations; to BiH’s internal integration and political Base Realignment and Closure (BRAC) and and administrative functionality conducive rounds in 2015 and 2017; (B) reexamining relocation opportunities to BiH’s successful membership in NATO and Whereas Congress rejected a request for 2 of overseas missions to United States mili- the EU; BRAC rounds made by the Department of tary installations; and (10) reiterates that a fully functional Fed- Defense in fiscal year 2013; (3) the Department of Defense is unwise to eration of BiH entity is essential for the fu- Whereas the Senate Armed Services Com- request a BRAC round when the economy of ture of BiH as a functional and stable state mittee noted in title XXIV of Senate Report the United States is struggling to recover and therefore any envisaged reform should 112–173 to accompany S. 3254 of the 112th and negatively impacted communities are take into account protection of the constitu- Congress, that a request by the Department fighting to put citizens back to work.

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.036 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3263 SENATE RESOLUTION 133—EX- Virginia, Maryland, North Carolina, and SENATE RESOLUTION 134—EX- PRESSING THE SENSE OF THE Delaware; PRESSING THE SENSE OF THE SENATE THAT CONGRESS AND Whereas abortion clinics in a number of SENATE THAT ALL INCIDENTS THE STATES SHOULD INVES- States, particularly Michigan and Maryland, OF ABUSIVE, UNSANITARY, OR TIGATE AND CORRECT ABUSIVE, and including 2 clinics at which Dr. Kermit ILLEGAL HEALTH CARE PRAC- UNSANITARY, AND ILLEGAL Gosnell performed or initiated abortions and TICES SHOULD BE CONDEMNED 2 Planned Parenthood facilities in Delaware, ABORTION PRACTICES AND PREVENTED AND THE PER- have been closed temporarily or perma- Mr. LEE (for himself, Mr. TOOMEY, nently due to unsanitary conditions, and the PETRATORS SHOULD BE PROS- Mr. RUBIO, Mr. SCOTT, Mr. CRUZ, Mr. Planned Parenthood facilities in Delaware ECUTED TO THE FULL EXTENT INHOFE, Mr. BURR, Mr. VITTER, Mr. have been described by former employees as OF THE LAW BOOZMAN, Mr. BLUNT, Mrs. FISCHER, resembling a ‘‘meat market’’; Mr. BLUMENTHAL (for himself, Mrs. Mr. THUNE, Mr. JOHANNS, Mr. PAUL, Whereas the imposition of criminal and BOXER, Mrs. SHAHEEN, and Mr. Mr. MCCONNELL, Mr. COATS, Mr. COR- civil penalties on individuals and corpora- FRANKEN) submitted the following res- tions involved in the deplorable practices de- NYN, Mr. COCHRAN, Mr. CHAMBLISS, Ms. olution; which was referred to the scribed in this preamble is appropriate, but AYOTTE, Mr. ISAKSON, and Mr. GRAHAM) Committee on Health, Education, is not the only necessary response to such submitted the following resolution; Labor, and Pensions: practices; S. RES. 134 which was referred to the Committee Whereas it is essential that the Federal on Health, Education, Labor, and Pen- Government and State and local govern- Whereas in recent years there have been sions: ments take action to prevent dangerous con- rare and tragic incidents of willful violations S. RES. 133 ditions at abortion clinics; of law, human dignity, and standards of care across a variety of health care settings that Whereas the Declaration of Independence Whereas government accountability means have exposed trusting patients to death and sets forth the principle that all people are that officials whose duty it is to protect the disease, and shocked the conscience of the created equal and are endowed by their Cre- safety and well-being of mothers accessing United States, including— ator with certain unalienable rights, and health care clinics must have their actions (1) a physician at the Women’s Medical So- that among these rights are life, liberty, and made public and their failures redressed; ciety of Philadelphia who is rightfully facing the pursuit of happiness; Whereas the extent of, and purported jus- multiple criminal charges related to horrific Whereas the dedication of the people of the tification for, legal and illegal abortions in practices; United States to this principle, though at the United States performed late in the sec- (2) health care practitioners at the Endos- times tragically marred by institutions such ond trimester of pregnancy and into and copy Center of Southern Nevada who exposed as slavery and practices such as segregation throughout the third trimester of pregnancy 40,000 patients to hepatitis C through unsani- and the denial of the right to vote, has sum- are not routinely reported by all States or tary practices; moned the people of the United States time by the Centers for Disease Control, and are (3) an Oklahoma dentist who exposed as and again to fight for human dignity and the therefore unknown; many as 7,000 patients to HIV and hepatitis common good; Whereas women and children in the United B and C through unsanitary practices; and Whereas the people of the United States States deserve better than the 56,145,920 (4) a nursing director at Kern Valley nurs- believe that every human life is precious ing home in California who, for her own con- abortions that have been performed in the from its very beginning, and that every indi- venience, inappropriately medicated patients United States since the Supreme Court rul- vidual, regardless of age, health, or condition using antipsychotic drugs, resulting in the of dependency, deserves the respect and pro- ings in Roe v. Wade, 410 U.S. 113, and Doe v. death of at least 1 patient: Now, therefore, be tection of society; Bolton, 410 U.S. 179, in 1973; and it Whereas the people of the United States Whereas there is substantial medical evi- Resolved, That it is the sense of the Senate believe that early and consistent care for dence that an unborn child is capable of ex- that all incidents of abusive, unsanitary, or mothers, with due regard both for the well- periencing pain at 20 weeks after fertiliza- illegal health care practices should be con- being of expectant mothers and for the chil- tion, or earlier: Now, therefore, be it demned and prevented and the perpetrators dren they carry, is a primary goal of any Resolved, That it is the sense of the Senate should be prosecuted to the full extent of the sound health care policy in the United that— law. States; (1) Congress and States should gather in- f Whereas no woman should ever be aban- formation about and correct— doned, by policy or practice, to the depreda- AMENDMENTS SUBMITTED AND tions of an unlicensed, unregulated, or (A) abusive, unsanitary, and illegal abor- PROPOSED uninspected clinic operating outside of the tion practices; and SA 814. Mr. COBURN (for himself, Mr. law with no regard for the mothers or chil- (B) the interstate referral of women and FLAKE, and Mr. MCCAIN) submitted an dren ostensibly under its care; girls to facilities engaged in dangerous or il- amendment intended to be proposed by him Whereas the Report of the Grand Jury in legal second- and third-trimester procedures; to the bill S. 601, to provide for the conserva- the Court of Common Pleas of the First Ju- (2) Congress has the responsibility to— tion and development of water and related dicial District of Pennsylvania, certified on (A) investigate and conduct hearings on— resources, to authorize the Secretary of the January 14, 2011, contains the results of a (i) abortions performed near, at, or after Army to construct various projects for im- thorough investigation of the policies and viability in the United States; and provements to rivers and harbors of the practices of Dr. Kermit Gosnell and the (ii) public policies regarding such abor- United States, and for other purposes; which Women’s Medical Society of Philadelphia, tions; and was ordered to lie on the table. which found multiple violations of law and (B) evaluate the extent to which such abor- SA 815. Mr. COBURN (for himself, Mr. public policy relating to abortion clinics, tions involve violations of the natural right MCCAIN, and Mr. FLAKE) submitted an and recommended to the Pennsylvania De- to life of infants who are born alive or are amendment intended to be proposed by him partment of Health that these abortion clin- capable of being born alive, and therefore are to the bill S. 601, supra; which was ordered to ics ‘‘be explicitly regulated as ambulatory entitled to equal protection under the law; lie on the table. surgical facilities, so that they are inspected (3) there is a compelling governmental in- SA 816. Mr. COBURN (for himself, Mrs. annually and held to the same standards as terest in protecting the lives of unborn chil- MCCASKILL, and Mr. MCCAIN) submitted an all other outpatient procedure centers’’; dren beginning at least from the stage at amendment intended to be proposed by him Whereas the Report of the Grand Jury doc- which substantial medical evidence indicates to the bill S. 601, supra; which was ordered to umented a pattern, over a period of 2 dec- lie on the table. ades, at the Women’s Medical Society of that they are capable of feeling pain, which is separate from and independent of the com- SA 817. Mr. SESSIONS submitted an Philadelphia of untrained and uncertified amendment intended to be proposed by him pelling governmental interest in protecting personnel performing abortions, non-medical to the bill S. 601, supra; which was ordered to the lives of unborn children beginning at the personnel administering medications, gross- lie on the table. ly unsanitary and dangerous conditions, vio- stage of viability, and neither governmental SA 818. Mr. SESSIONS submitted an lations of law regarding storage of human re- interest is intended to replace the other; and amendment intended to be proposed by him mains, and, above all, instances of willful (4) governmental review of public policies to the bill S. 601, supra; which was ordered to murder of infants born alive by severing and outcomes relating to the issues de- lie on the table. their spinal cords; scribed in paragraphs (1) through (4) is long SA 819. Mr. SESSIONS submitted an Whereas the violations of law and human overdue and is an urgent priority that must amendment intended to be proposed by him dignity documented at the Women’s Medical be addressed for the sake of women, children, to the bill S. 601, supra; which was ordered to Society of Philadelphia involved women re- families, and future generations. lie on the table. ferred to the facility by abortion facilities in SA 820. Mr. SESSIONS submitted an a number of surrounding States, including amendment intended to be proposed by him

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.037 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3264 CONGRESSIONAL RECORD — SENATE May 8, 2013 to the bill S. 601, supra; which was ordered to SA 843. Mr. GRAHAM (for himself and Mr. which was ordered to lie on the table; lie on the table. SCOTT) submitted an amendment intended to as follows: SA 821. Mr. BOOZMAN submitted an be proposed by him to the bill S. 601, supra; At the end of title II, add the following: amendment intended to be proposed by him which was ordered to lie on the table. to the bill S. 601, supra; which was ordered to SA 844. Mr. GRAHAM (for himself and Mr. SEC. 2llll. PERIODIC BEACH RENOURISH- MENT. lie on the table. SCOTT) submitted an amendment intended to Section 103(d)(2) of the Water Resources SA 822. Mr. BOOZMAN submitted an be proposed by him to the bill S. 601, supra; Development Act of 1986 (33 U.S.C. 2213(d)(2)) amendment intended to be proposed by him which was ordered to lie on the table. is amended by striking subparagraph (A) and to the bill S. 601, supra; which was ordered to SA 845. Mr. GRAHAM (for himself and Mr. inserting the following: lie on the table. SCOTT) submitted an amendment intended to ‘‘(A) IN GENERAL.—Notwithstanding sub- SA 823. Mr. COBURN (for himself and Mr. be proposed by him to the bill S. 601, supra; section (e)(1), the non-Federal cost of the MCCAIN) submitted an amendment intended which was ordered to lie on the table. periodic nourishment of the project, or any to be proposed by him to the bill S. 601, SA 846. Mr. MANCHIN (for himself, Mr. measure for shore protection or beach ero- supra; which was ordered to lie on the table. PORTMAN, Mr. ROCKEFELLER, and Mr. sion control for the project, that is author- SA 824. Mr. COCHRAN submitted an HOEVEN) submitted an amendment intended ized for construction before, on, or after the amendment intended to be proposed by him to be proposed by him to the bill S. 601, date of enactment of the Water Resources to the bill S. 601, supra; which was ordered to supra; which was ordered to lie on the table. Development Act of 2013 shall be 65 per- lie on the table. SA 847. Mr. BAUCUS submitted an amend- cent.’’. SA 825. Mr. COCHRAN submitted an ment intended to be proposed by him to the amendment intended to be proposed by him bill S. 601, supra; which was ordered to lie on SA 815. Mr. COBURN (for himself, to the bill S. 601, supra; which was ordered to the table. lie on the table. SA 848. Mr. MENENDEZ submitted an Mr. MCCAIN, and Mr. FLAKE) submitted SA 826. Mr. COCHRAN submitted an amendment intended to be proposed by him an amendment intended to be proposed amendment intended to be proposed by him to the bill S. 601, supra; which was ordered to by him to the bill S. 601, to provide for to the bill S. 601, supra; which was ordered to lie on the table. the conservation and development of lie on the table. SA 849. Mr. RUBIO (for himself, Mr. SES- SA 827. Mr. COCHRAN submitted an water and related resources, to author- SIONS, Mr. SHELBY, and Mr. NELSON) sub- amendment intended to be proposed by him ize the Secretary of the Army to con- mitted an amendment intended to be pro- to the bill S. 601, supra; which was ordered to struct various projects for improve- posed by him to the bill S. 601, supra; which lie on the table. ments to rivers and harbors of the was ordered to lie on the table. SA 828. Mr. INHOFE submitted an amend- United States, and for other purposes; ment intended to be proposed by him to the SA 850. Mr. MANCHIN (for himself and Mr. TOOMEY) submitted an amendment intended which was ordered to lie on the table; bill S. 601, supra; which was ordered to lie on as follows: the table. to be proposed by him to the bill S. 601, SA 829. Mr. WICKER (for himself and Mr. supra; which was ordered to lie on the table. Strike section 2030. SESSIONS) submitted an amendment intended SA 851. Mr. UDALL, of New Mexico (for to be proposed by him to the bill S. 601, himself, Mr. CARDIN, Mr. HEINRICH, and Mr. SA 816. Mr. COBURN (for himself, supra; which was ordered to lie on the table. COWAN) submitted an amendment intended Mrs. MCCASKILL, and Mr. MCCAIN) sub- SA 830. Mr. WICKER (for himself and Mr. to be proposed by him to the bill S. 601, mitted an amendment intended to be COCHRAN) submitted an amendment intended supra; which was ordered to lie on the table. proposed by him to the bill S. 601, to to be proposed by him to the bill S. 601, SA 852. Mr. UDALL, of New Mexico (for provide for the conservation and devel- supra; which was ordered to lie on the table. himself, Mr. GRAHAM, Mr. HEINRICH, and Mr. BROWN) submitted an amendment intended opment of water and related resources, SA 831. Mr. BAUCUS submitted an amend- to authorize the Secretary of the Army ment intended to be proposed by him to the to be proposed by him to the bill S. 601, bill S. 601, supra; which was ordered to lie on supra; which was ordered to lie on the table. to construct various projects for im- the table. SA 853. Mr. UDALL, of New Mexico (for provements to rivers and harbors of the SA 832. Mrs. MURRAY submitted an himself, Mr. COWAN, Mr. HEINRICH, Ms. WAR- United States, and for other purposes; amendment intended to be proposed by her REN, Mr. CARDIN, Mr. BENNET, Mr. ROCKE- which was ordered to lie on the table; to the bill S. 601, supra. FELLER, Mr. BLUMENTHAL, Mrs. GILLIBRAND, as follows: SA 833. Mr. MCCAIN submitted an amend- Mr. LAUTENBERG, Mr. LEAHY, and Mr. UDALL In section 2049(b)(5), strike subparagraph ment intended to be proposed by him to the of Colorado) submitted an amendment in- (C). bill S. 601, supra. tended to be proposed by him to the bill S. SA 834. Mr. BARRASSO (for himself, Mr. 601, supra; which was ordered to lie on the SA 817. Mr. SESSIONS submitted an ISAKSON, and Mr. CHAMBLISS) submitted an table. amendment intended to be proposed by him SA 854. Mr. CASEY (for himself, Mr. ALEX- amendment intended to be proposed by to the bill S. 601, supra; which was ordered to ANDER, Mr. BLUNT, Mrs. MCCASKILL, Ms. LAN- him to the bill S. 601, to provide for the lie on the table. DRIEU, Ms. STABENOW, Mr. FRANKEN, and Mr. conservation and development of water SA 835. Mr. INHOFE (for himself and Mr. HARKIN) submitted an amendment intended and related resources, to authorize the CASEY) submitted an amendment intended to to be proposed by him to the bill S. 601, Secretary of the Army to construct be proposed by him to the bill S. 601, supra. supra; which was ordered to lie on the table. various projects for improvements to SA 836. Mr. REED (for himself and Mr. SA 855. Mr. KAINE (for himself and Mr. rivers and harbors of the United COCHRAN) submitted an amendment intended WARNER) submitted an amendment intended States, and for other purposes; which to be proposed by him to the bill S. 601, to be proposed by him to the bill S. 601, supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. was ordered to lie on the table; as fol- SA 837. Ms. COLLINS (for herself and Mr. SA 856. Mr. BROWN (for himself, Mr. GRA- lows: KING) submitted an amendment intended to HAM, Mr. UDALL of New Mexico, and Mr. Strike title I. be proposed by her to the bill S. 601, supra; HEINRICH) submitted an amendment intended which was ordered to lie on the table. to be proposed by him to the bill S. 601, SA 818. Mr. SESSIONS submitted an SA 838. Mrs. FEINSTEIN submitted an supra; which was ordered to lie on the table. amendment intended to be proposed by amendment intended to be proposed by her SA 857. Mr. LEVIN (for himself, Mr. SCHU- him to the bill S. 601, to provide for the to the bill S. 601, supra; which was ordered to MER, Ms. BALDWIN, and Ms. STABENOW) sub- conservation and development of water lie on the table. mitted an amendment intended to be pro- SA 839. Mrs. GILLIBRAND (for herself and and related resources, to authorize the posed by him to the bill S. 601, supra; which Secretary of the Army to construct Mr. WICKER) submitted an amendment in- was ordered to lie on the table. tended to be proposed by her to the bill S. various projects for improvements to 601, supra; which was ordered to lie on the f rivers and harbors of the United table. TEXT OF AMENDMENTS States, and for other purposes; which SA 840. Mr. WARNER (for himself and Mr. SA 814. Mr. COBURN (for himself, was ordered to lie on the table; as fol- KAINE) submitted an amendment intended to lows: be proposed by him to the bill S. 601, supra; Mr. FLAKE, and Mr. MCCAIN) submitted which was ordered to lie on the table. an amendment intended to be proposed Strike section 1001 and insert the fol- SA 841. Mr. GRAHAM (for himself and Mr. by him to the bill S. 601, to provide for lowing: SCOTT) submitted an amendment intended to the conservation and development of SEC. 1001. PURPOSES; SENSE OF CONGRESS. be proposed by him to the bill S. 601, supra; water and related resources, to author- (a) PURPOSES.—The purposes of this title which was ordered to lie on the table. are— SA 842. Mr. GRAHAM (for himself and Mr. ize the Secretary of the Army to con- (1) to authorize projects that— SCOTT) submitted an amendment intended to struct various projects for improve- (A) are the subject of a completed report of be proposed by him to the bill S. 601, supra; ments to rivers and harbors of the the Chief of Engineers containing a deter- which was ordered to lie on the table. United States, and for other purposes; mination that the relevant project—

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.038 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3265 (i) is in the Federal interest; ‘‘(D) the amount required to complete (2) abate restrictions on the use of private (ii) results in benefits that exceed the costs those phases. activity bonds on water and wastewater in- of the project; ‘‘(4) REPORT.— frastructure projects; and (iii) is environmentally acceptable; and ‘‘(A) IN GENERAL.—Not later than 180 days (3) take other fiscally appropriate actions (iv) is technically feasible; and after the date of enactment of the Water Re- to improve water and wastewater infrastruc- (B) have been recommended to Congress sources Development Act of 2013, the Sec- ture in the United States. for authorization by the Assistant Secretary retary shall compile and publish a complete of the Army for Civil Works; list of all uncompleted, authorized projects SA 821. Mr. BOOZMAN submitted an (2) to authorize the Secretary— of the Corps of Engineers, including for each amendment intended to be proposed by (A) to review projects that require in- project on that list— him to the bill S. 601, to provide for the creased authorization; and ‘‘(i) the original budget authority for the conservation and development of water (B) to request an increase of those author- project; and related resources, to authorize the izations after— ‘‘(ii) the status of the project; (i) certifying that the increases are nec- ‘‘(iii) the estimated date of completion of Secretary of the Army to construct essary; and the project; various projects for improvements to (ii) submitting to Congress reports on the ‘‘(iv) the estimated cost of completion of rivers and harbors of the United proposed increases; and the project; and States, and for other purposes; which (3) not to establish new precedent or con- ‘‘(v) any amounts for the project that re- was ordered to lie on the table; as fol- gressional practices concerning the delega- main unobligated. lows: tion of authority from Congress to the Exec- ‘‘(B) PUBLICATION.— At the end of title II, add the following: utive Branch with respect to the authoriza- ‘‘(i) IN GENERAL.—The Secretary shall sub- SEC. 2llll. IMPROVING PLANNING AND AD- tion of water resources projects or funding mit a copy of the list under subparagraph (A) amounts for projects. MINISTRATION OF WATER SUPPLY to— STORAGE. (b) SENSE OF CONGRESS.—It is the sense of ‘‘(I) the appropriate committees of Con- (a) IN GENERAL.—The Secretary shall carry Congress that— gress; and (1) Congress should enact legislation to re- out activities— ‘‘(II) the Director of the Office of Manage- (1) to ensure increased uniformity and duce wasteful spending, reform the earmark ment and Budget. and project authorization processes under flexibility in the development and adminis- ‘‘(ii) PUBLIC AVAILABILITY.—Not later than law, and address the long-term fiscal chal- tration of storage agreements with non-Fed- 30 days after providing the report to Con- lenges in the United States; and eral interests for municipal or industrial gress under clause (i), the Secretary shall (2) on enactment of the legislation de- water supply at Corps of Engineers projects make a copy of the list available on a pub- scribed in paragraph (1), Congress should re- pursuant to section 301 of the Water Supply licly accessible Internet site, in a manner sume the prudent authorization of projects Act of 1958 (43 U.S.C. 390b); and that is downloadable, searchable, and sort- consistent with law. (2) to enable non-Federal interests to an- able.’’. ticipate and accurately budget for annual op- SA 819. Mr. SESSIONS submitted an (b) INFRASTRUCTURE DEAUTHORIZATION erations and maintenance costs and, as ap- amendment intended to be proposed by STUDY.—Not later than 2 years after the date plicable, repair, rehabilitation, and replace- of enactment of this Act, the Comptroller ments costs, including through— him to the bill S. 601, to provide for the General of the United States shall, in con- conservation and development of water (A) the formulation by the Secretary of a sultation with the States, Chief of Engi- uniform billing statement format for those and related resources, to authorize the neers, water resources associations, and Secretary of the Army to construct storage agreements relating to operations other stakeholders, submit a report to Con- and maintenance costs, and as applicable, re- various projects for improvements to gress on options for establishing an appro- pair, rehabilitation, and replacement costs, rivers and harbors of the United priate and cost effective process for identi- incurred by the Secretary, which, at a min- States, and for other purposes; which fying authorized Corps of Engineers water imum, shall include— was ordered to lie on the table; as fol- resources projects, including those listed in (i) a detailed description of the activities lows: the report described in section 1001(b)(4) of carried out relating to the water supply as- the Water Resources Development Act of pects of the project; Strike section 2049 and insert the fol- 1986 (33 U.S.C. 579a(b)(4)), that are no longer lowing: (ii) a clear explanation of why and how in the Federal interest and should be de- those activities relate to the water supply SEC. 2049. PROJECT DEAUTHORIZATIONS. authorized. (a) IN GENERAL.—Section 1001(b) of the aspects of the project; and Water Resources Development Act of 1986 (33 SA 820. Mr. SESSIONS submitted an (iii) a detailed accounting of the cost of carrying out those activities; U.S.C. 579a(b)) is amended— amendment intended to be proposed by (1) by striking paragraph (2) and inserting (B) a review by the Secretary of the regula- the following: him to the bill S. 601, to provide for the tions and guidance of the Corps of Engineers ‘‘(2) LIST OF PROJECTS.— conservation and development of water relating to criteria and methods for the equi- ‘‘(A) IN GENERAL.—Notwithstanding section and related resources, to authorize the table distribution of joint project costs 3003 of Public Law 104–66 (31 U.S.C. 1113 note; Secretary of the Army to construct across project purposes in order to ensure 109 Stat. 734), each year, after the submission various projects for improvements to nationwide consistency in the calculation of of the list under paragraph (1), the Secretary rivers and harbors of the United the appropriate share of joint project costs shall submit to Congress a list of projects or States, and for other purposes; which allocable to the water supply purpose; and (C) a review by the Secretary of the proce- separable elements of projects that have was ordered to lie on the table; as fol- been authorized but that have received no dures and processes of the Corps of Engineers obligations during the 5 full fiscal years pre- lows: for evaluating new requests for water supply ceding the submission of that list. Strike title X and insert the following: storage reallocation and for developing ‘‘(B) ADDITIONAL NOTIFICATION.—On submis- TITLE X—SENSE OF CONGRESS REGARD- water supply storage plans to accommodate sion of the list under subparagraph (A) to ING WATER AND WASTEWATER INFRA- the needs of non-Federal interests in order to Congress, the Secretary shall notify— STRUCTURE FINANCING PROGRAMS increase the flexibility of those procedures ‘‘(i) each Senator in whose State and each SEC. 10001. SENSE OF CONGRESS REGARDING and processes and enhance the coordination Member of the House of Representatives in WATER AND WASTEWATER INFRA- within the Corps of Engineers in commu- whose district a project (including any part STRUCTURE FINANCING PROGRAMS. nicating timely and unified responses to the of a project) on that list would be located; It is the sense of Congress that, instead of requests of non-Federal interests. and establishing a new, unfunded water infra- (b) REPORT TO CONGRESS.— ‘‘(ii) each applicable non-Federal interest structure financing program during the pe- (1) IN GENERAL.—Not later than 1 year after associated with a project (including any part riod of significant Federal deficits in effect the date of enactment of this Act, the Sec- of a project) on that list.’’; and on the date of enactment of this Act, Con- retary shall submit to Congress a report on (2) by adding at the end the following: gress should, to the extent fiscally prudent— the findings of the reviews carried out under ‘‘(3) MINIMUM FUNDING LIST.—At the end of (1) maximize funding for existing water subparagraphs (B) and (C) of subsection (a)(1) each fiscal year, the Secretary shall submit and wastewater infrastructure financing pro- and any subsequent actions taken by the to Congress a list of— grams, including— Secretary relating to those reviews. ‘‘(A) projects or separable elements of (A) the State water pollution control re- (2) INCLUSIONS.—The report under para- projects authorized for construction for volving funds established under title VI of graph (1) shall include an analysis of the fea- which funding has been obligated in the 5 the Federal Water Pollution Control Act (33 sibility and costs associated with the provi- previous fiscal years; U.S.C. 1381 et seq.); and sion by the Secretary to each non-Federal ‘‘(B) the amount of funding obligated per (B) the State drinking water treatment re- interest of not less than 1 statement each fiscal year; volving loan funds established under section year that details for each water storage ‘‘(C) the current phase of each project or 1452 of the Safe Drinking Water Act (42 agreement described in subsection (a)(1) the separable element of a project; and U.S.C. 300j–12); estimated amount of the operations and

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maintenance costs and, as applicable, the es- (b) STRUCTURAL PRACTICES.—In carrying rectly, the flood risk of any property in a timated amount of the repair, rehabilitation, out the activities authorized under sub- State other than the State of Louisiana. and replacement costs, for which the non- section (a), the Secretary shall use struc- Federal interest will be responsible in that tural practices modeled on the structural SA 828. Mr. INHOFE submitted an fiscal year. practices provided by the Natural Resources amendment intended to be proposed by (3) EXTENSION.—The Secretary may delay Conservation Service Environmental Quality him to the bill S. 601, to provide for the the submission of the report under paragraph Incentives Program of the Department of (1) for a period not to exceed 180 days after Agriculture. conservation and development of water the deadline described in paragraph (1), sub- and related resources, to authorize the ject to the condition that the Secretary sub- SA 825. Mr. COCHRAN submitted an Secretary of the Army to construct mits a preliminary progress report to Con- amendment intended to be proposed by various projects for improvements to gress not later than 1 year after the date of him to the bill S. 601, to provide for the rivers and harbors of the United enactment of this Act. conservation and development of water States, and for other purposes; which and related resources, to authorize the was ordered to lie on the table; as fol- SA 822. Mr. BOOZMAN submitted an Secretary of the Army to construct lows: amendment intended to be proposed by various projects for improvements to him to the bill S. 601, to provide for the At the end of title V, add the following: rivers and harbors of the United conservation and development of water SEC. 50lll. RIGHTS AND RESPONSIBILITIES OF States, and for other purposes; which CHEROKEE NATION OF OKLAHOMA and related resources, to authorize the was ordered to lie on the table; as fol- REGARDING W.D. MAYO LOCK AND Secretary of the Army to construct DAM, OKLAHOMA. lows: various projects for improvements to Section 1117 of the Water Resources Devel- rivers and harbors of the United At the end of section 3018, add the fol- opment Act of 1986 (Public Law 99–662; 100 lowing: Stat. 4236) is amended to read as follows: States, and for other purposes; which (c) EFFECTIVE DATE.—This section and the was ordered to lie on the table; as fol- amendments made by this section shall not ‘‘SEC. 1117. W.D. MAYO LOCK AND DAM, OKLA- HOMA. lows: take effect until the date on which the Sec- ‘‘(a) IN GENERAL.—Notwithstanding any At the end of the bill, add the following: retary certifies in writing to the Committees other provision of law, the Cherokee Nation TITLE XII—MISCELLANEOUS on Appropriations and Environment and Public Works of the Senate and the Commit- of Oklahoma has exclusive authorization— SEC. 12001. AMERICA THE BEAUTIFUL NATIONAL tees on Appropriations and Transportation ‘‘(1) to design and construct 1 or more hy- PARKS AND FEDERAL REC- and Infrastructure of the House of Rep- droelectric generating facilities at the W.D. REATIONAL LANDS PASS PROGRAM. resentatives that the Governors of the Mayo Lock and Dam on the Arkansas River The Secretary may participate in the States of Louisiana and Mississippi have sub- in the State of Oklahoma, subject to the re- America the Beautiful National Parks and mitted to the Secretary a written certifi- quirements of subsection (b) and in accord- Federal Recreational Lands Pass program in cation that the Governors have no objections ance with the conditions specified in this the same manner as the National Park Serv- to the adoption by the Secretary of the plan section; and ice, the Bureau of Land Management, the described in subsection (d) of section 7002 of ‘‘(2) to market the electricity generated United States Fish and Wildlife Service, the the Water Resources Development Act of from any such hydroelectric generating fa- Forest Service, and the Bureau of Reclama- 2007 (121 Stat. 1270) (as amended by sub- cility. tion, including the provision of free annual section (a)). ‘‘(b) PRECONSTRUCTION REQUIREMENTS.— passes to active duty military personnel and ‘‘(1) IN GENERAL.—The Cherokee Nation dependents. SA 826. Mr. COCHRAN submitted an shall obtain any permit required by Federal amendment intended to be proposed by or State law before the date on which con- SA 823. Mr. COBURN (for himself and him to the bill S. 601, to provide for the struction begins on any hydroelectric gener- Mr. MCCAIN) submitted an amendment ating facility under subsection (a). conservation and development of water intended to be proposed by him to the ‘‘(2) REVIEW BY SECRETARY.—The Cherokee bill S. 601, to provide for the conserva- and related resources, to authorize the Nation may initiate the design or construc- tion and development of water and re- Secretary of the Army to construct tion of a hydroelectric generating facility lated resources, to authorize the Sec- various projects for improvements to under subsection (a) only after the Secretary reviews and approves the plans and specifica- retary of the Army to construct var- rivers and harbors of the United States, and for other purposes; which tions for the design and construction. ious projects for improvements to riv- ‘‘(c) PAYMENT OF DESIGN AND CONSTRUCTION ers and harbors of the United States, was ordered to lie on the table; as fol- lows: COSTS.— and for other purposes; which was or- ‘‘(1) IN GENERAL.—The Cherokee Nation dered to lie on the table; as follows: At the end of section 3018, add the fol- shall— lowing: ‘‘(A) bear all costs associated with the de- Section 2049(b) is amended by adding at the (c) EFFECT OF SECTION.—Nothing in this end the following: sign and construction of any hydroelectric section or an amendment made by this sec- generating facility under subsection (a); and (6) APPLICATION.—For purposes of this sub- tion constitutes an authorization for the de- section, water resources projects shall in- ‘‘(B) provide any funds necessary for the sign or construction of the East Land Bridge design and construction to the Secretary clude environmental infrastructure assist- Levee, New Orleans. ance projects and programs of the Corps of prior to the Secretary initiating any activi- Engineers. ties relating to the design and construction SA 827. Mr. COCHRAN submitted an of the hydroelectric generating facility. amendment intended to be proposed by Mr. COCHRAN submitted an ‘‘(2) USE BY SECRETARY.—The Secretary SA 824. him to the bill S. 601, to provide for the amendment intended to be proposed by may— conservation and development of water ‘‘(A) accept funds offered by the Cherokee him to the bill S. 601, to provide for the and related resources, to authorize the Nation under paragraph (1); and conservation and development of water Secretary of the Army to construct ‘‘(B) use the funds to carry out the design and related resources, to authorize the various projects for improvements to and construction of any hydroelectric gener- Secretary of the Army to construct rivers and harbors of the United ating facility under subsection (a). various projects for improvements to ‘‘(d) ASSUMPTION OF LIABILITY.—The Cher- States, and for other purposes; which rivers and harbors of the United okee Nation— was ordered to lie on the table; as fol- States, and for other purposes; which ‘‘(1) shall hold all title to any hydro- lows: was ordered to lie on the table; as fol- electric generating facility constructed lows: At the end of section 3018, add the fol- under this section; lowing: ‘‘(2) may, subject to the approval of the At the end of title III, add the following: (c) EFFECTIVE DATE.—This section and the Secretary, assign that title to a third party; SEC. 30ll. BIG SUNFLOWER RIVER. amendments made by this section shall not ‘‘(3) shall be solely responsible for— (a) IN GENERAL.—With respect to the take effect until the date on which the Sec- ‘‘(A) the operation, maintenance, repair, project for flood control on the Big Sun- retary certifies in writing to the Committees replacement, and rehabilitation of any such flower River, authorized by section 10 of the on Appropriations and Environment and facility; and Act of December 22, 1944 (commonly known Public Works of the Senate and the Commit- ‘‘(B) the marketing of the electricity gen- as the ‘‘Flood Control Act of 1944’’) (58 Stat. tees on Appropriations and Transportation erated by any such facility; and 895, chapter 665), the Secretary may install and Infrastructure of the House of Rep- ‘‘(4) shall release and indemnify the United sediment structures throughout the water- resentatives that the implementation of this States from any claims, causes of action, or shed for water quality and aquatic restora- section and the amendments made by this liabilities that may arise out of any activity tion purposes. section will not increase, directly or indi- undertaken to carry out this section.

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.042 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3267 ‘‘(e) ASSISTANCE AVAILABLE.—Notwith- Watershed, Mississippi, Feasibility Study mitted an amendment intended to be standing any other provision of law, the Sec- and Environmental Impact Statement Main proposed by him to the bill S. 601, to retary may provide any technical and con- Report’, with an estimated Federal share of provide for the conservation and devel- $133,770,000 and an estimated non-Federal struction management assistance requested opment of water and related resources, by the Cherokee Nation relating to the de- cost of $72,030,000.’’; and sign and construction of any hydroelectric (2) by striking subsection (b) and inserting to authorize the Secretary of the Army generating facility under subsection (a). the following: to construct various projects for im- ‘‘(f) THIRD PARTY AGREEMENTS.—The Cher- ‘‘(b) COMPARISON OF ALTERNATIVES.—Before provements to rivers and harbors of the okee Nation may enter into agreements with initiating construction of the project, the United States, and for other purposes; the Secretary or a third party that the Cher- Secretary shall compare the level of flood which was ordered to lie on the table; okee Nation or the Secretary determines to damage reduction provided by the plan that as follows: be necessary to carry out this section.’’. maximizes national economic development benefits of the project and the locally pre- In section 2043, add at the end the fol- SA 829. Mr. WICKER (for himself and ferred plan, to that portion of Jackson, Mis- lowing: (f) UTILIZATION OF EROSION CONTROL MATE- Mr. SESSIONS) submitted an amend- sissippi and vicinity, located below the Ross Barnett Reservoir Dam.’’. RIALS.—The Secretary shall encourage the ment intended to be proposed by him utilization of materials and practices that to the bill S. 601, to provide for the SA 831. Mr. BAUCUS submitted an are demonstrated to produce cost savings conservation and development of water amendment intended to be proposed by and project acceleration, including gabions, and related resources, to authorize the him to the bill S. 601, to provide for the geosynthetics, and other erosion control ma- Secretary of the Army to construct conservation and development of water terials, in applications, including— (1) shoreline protection; and various projects for improvements to and related resources, to authorize the rivers and harbors of the United (2) the storage and transportation of canal Secretary of the Army to construct water as recommended by the Commissioner States, and for other purposes; which various projects for improvements to of the Bureau of Reclamation in the report was ordered to lie on the table; as fol- rivers and harbors of the United entitled ‘‘Canal-Lining Demonstration lows: States, and for other purposes; which Project Year 10 Final Report’’. At the end, add the following: was ordered to lie on the table; as fol- TITLE XII—MISCELLANEOUS lows: SA 835. Mr. INHOFE (for himself and Mr. CASEY) submitted an amendment SEC. 12001. DONALD G. WALDON LOCK AND DAM. At the end, add the following: (a) FINDINGS.—Congress finds that— TITLE XII—MISCELLANEOUS intended to be proposed by him to the bill S. 601, to provide for the conserva- (1) the Tennessee-Tombigbee Waterway De- SEC. 12001. FOREST HIGHWAY PROGRAM UNOBLI- velopment Authority is a 4-State compact GATED BALANCES. tion and development of water and re- comprised of the States of Alabama, Ken- Section 204 of title 23, United States Code, lated resources, to authorize the Sec- tucky, Mississippi, and Tennessee; is amended by adding at the end the fol- retary of the Army to construct var- (2) the Tennessee-Tombigbee Authority is lowing: ious projects for improvements to riv- the regional non-Federal sponsor of the Ten- ‘‘(d) FOREST HIGHWAY PROGRAM UNOBLI- ers and harbors of the United States, GATED BALANCES.—Until September 30, 2014, nessee-Tombigbee Waterway; and for other purposes; which was or- (3) the Tennessee-Tombigbee Waterway, on request by a State, the Secretary or Sec- completed in 1984, has fueled growth in the retary of the appropriate land management dered to lie on the table; as follows: United States economy by reducing trans- agency shall apply available and unobligated On page 548, between lines 16 and 17, insert portation costs and encouraging economic balances of funds allocated under the Forest the following: development; and Highway Program under subsection (b)(2), as (10) RURAL WATER INFRASTRUCTURE (4) the selfless determination and tireless in effect on July 6, 2012, to the non-Federal PROJECT.—The term ‘‘rural water infrastruc- work of Donald G. Waldon, while serving as share of the cost of 1 or more projects se- ture project’’ means a project that— administrator of the waterway compact for lected under this section by the program- (A) is described in section 10007; and (B) is located in a water system that serves 21 years, contributed greatly to the realiza- ming decisions committee of the State.’’. not more than 25,000 individuals. tion and success of the Tennessee-Tombigbee SA 832. Mrs. MURRAY submitted an On page 556, strike lines 1 through 3, and Waterway. insert the following: (b) SENSE OF CONGRESS.—It is the sense of amendment intended to be proposed by her to the bill S. 601, to provide for the (2) ELIGIBLE PROJECT COSTS.— Congress that, at an appropriate time and in (A) IN GENERAL.—Subject to subparagraph accordance with the rules of the House of conservation and development of water (B), the eligible project costs of a project Representatives and the Senate, the lock and and related resources, to authorize the shall be reasonably anticipated to be not less dam located at mile 357.5 on the Tennessee- Secretary of the Army to construct than $20,000,000. Tombigbee Waterway should be known and various projects for improvements to (B) RURAL WATER INFRASTRUCTURE designated as the ‘‘Donald G. Waldon Lock rivers and harbors of the United PROJECTS.—For rural water infrastructure and Dam’’. States, and for other purposes; as fol- projects, the eligible project costs of a lows: project shall be reasonably anticipated to be SA 830. Mr. WICKER (for himself and On page 305, strike lines 11 through 14 and not less than $5,000,000. Mr. COCHRAN) submitted an amend- insert the following: ment intended to be proposed by him SA 836. Mr. REED (for himself and ‘‘(i) CARGO CONTAINER.—The term ‘cargo to the bill S. 601, to provide for the container’ means a cargo container that is 1 Mr. COCHRAN) submitted an amend- conservation and development of water Twenty-foot Equivalent Unit. ment intended to be proposed by him and related resources, to authorize the to the bill S. 601, to provide for the Secretary of the Army to construct SA 833. Mr. MCCAIN submitted an conservation and development of water various projects for improvements to amendment intended to be proposed by and related resources, to authorize the rivers and harbors of the United him to the bill S. 601, to provide for the Secretary of the Army to construct States, and for other purposes; which conservation and development of water various projects for improvements to was ordered to lie on the table; as fol- and related resources, to authorize the rivers and harbors of the United lows: Secretary of the Army to construct States, and for other purposes; which At the end of title III, add the following: various projects for improvements to was ordered to lie on the table; as fol- SEC. 30ll. PEARL RIVER BASIN, MISSISSIPPI. rivers and harbors of the United lows: Section 3104 of the Water Resources Devel- States, and for other purposes; as fol- At the end of title II, add the following: opment Act of 2007 (Public Law 110–114; 121 lows: SEC. 20ll. STUDY OF VOLUNTARY COMMUNITY- Stat. 1134) is amended— In section 6004(i)(2), add at the end the fol- BASED FLOOD INSURANCE OPTIONS. (1) by striking subsection (a) and inserting lowing: (a) STUDY.— the following: (C) MEASURES TO ASSESS EFFECTIVENESS.— (1) STUDY REQUIRED.—The Administrator of ‘‘(a) IN GENERAL.—The project for flood Not later than 1 year after the enactment of the Federal Emergency Management Agency damage reduction, Pearl River Basin, includ- this Act, the Secretary shall implement (referred to in this section as the ‘‘Adminis- ing Shoccoe, Mississippi, authorized by sec- quantifiable performance measures and trator’’) shall conduct a study to assess op- tion 401(e)(3) of the Water Resources Devel- metrics to assess the effectiveness of the tions, methods, and strategies for making opment Act of 1986 (Public Law 99–662; 100 grant program established in accordance available voluntary community-based flood Stat. 4132), is modified to authorize the Sec- with subparagraph (A). insurance policies through the National retary, subject to subsection (c), to con- Flood Insurance Program. struct the project generally in accordance SA 834. Mr. BARRASSO (for himself, (2) CONSIDERATIONS.—The study conducted with the plan described in the ‘Pearl River Mr. ISAKSON, and Mr. CHAMBLISS) sub- under paragraph (1) shall—

VerDate Mar 15 2010 05:07 May 09, 2013 Jkt 029060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.043 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3268 CONGRESSIONAL RECORD — SENATE May 8, 2013 (A) take into consideration and analyze 1972 (33 U.S.C. 1413(b)) (referred to in this sec- ing more than 8,500,000 homes, massive flood- how voluntary community-based flood insur- tion as the ‘‘Site’’) is reopened and shall re- ing, gasoline shortages, and a crippled re- ance policies— main open and available until the earlier gional energy and transportation infrastruc- (i) would affect communities having vary- of— ture. As a result of this storm, Congress ing economic bases, geographic locations, (1) the date on which the Site does not passed the Disaster Relief Appropriations flood hazard characteristics or classifica- have any remaining disposal capacity; or Act, 2013, which appropriated $50,500,000,000 tions, and flood management approaches; (2) the date on which an environmental im- for post-Sandy recovery efforts. and pact statement designating an alternative (3) In the past 30 years, there have been (ii) could satisfy the applicable require- dredged material disposal site for southern more than 130 weather-related disasters in ments under section 102 of the Flood Dis- Maine has been completed. the United States that each generated at aster Protection Act of 1973 (42 U.S.C. 4012a); (b) LIMITATIONS.—The use of the Site as a least $1,000,000,000 in damages or more than and dredged material disposal site under sub- $880,000,000,000 in total standardized loss. In (B) evaluate the advisability of making section (a) shall be subject to the conditions addition, there have been many other ex- available voluntary community-based flood that— treme weather events that generated less insurance policies to communities, subdivi- (1) conditions at the Site remain suitable than $1,000,000,000 in damages, but still sions of communities, and areas of residual for the continued use of the Site as a dredged caused immeasurable harm to the Nation’s risk. material disposal site; and citizens, infrastructure, and economy. (3) CONSULTATION.—In conducting the (2) the Site not be used for the disposal of (4) Hurricane Katrina led to more than study required under paragraph (1), the Ad- more than 80,000 cubic yards from any single 1,800 deaths, property damage exceeding ministrator may consult with the Comp- dredging project. $80,000,000,000, more than $120,000,000,000 in troller General of the United States, as the Federal spending, and long-term impacts on Administrator determines is appropriate. SA 838. Mrs. FEINSTEIN submitted the economy and livelihoods of those living (b) REPORT BY THE ADMINISTRATOR.— an amendment intended to be proposed in the Gulf Coast region. (1) REPORT REQUIRED.—Not later than 18 by her to the bill S. 601, to provide for (5) In 2011, one of the most severe and cost- months after the date of enactment of this the conservation and development of ly years for weather and climate on record, Act, the Administrator shall submit to the water and related resources, to author- extreme weather hit every region in the Committee on Banking, Housing, and Urban ize the Secretary of the Army to con- United States, resulting in— Affairs of the Senate and the Committee on (A) prolonged droughts in the South and Financial Services of the House of Rep- struct various projects for improve- ments to rivers and harbors of the the West; resentatives a report that contains the re- (B) deadly floods in the Southeast and Mid- sults and conclusions of the study conducted United States, and for other purposes; west; under subsection (a). which was ordered to lie on the table; (C) hundreds of devastating tornadoes (2) CONTENTS.—The report submitted under as follows: across the United States; paragraph (1) shall include recommendations On page 308, strike lines 21 through 25, and (D) Hurricane Irene in the Northeast; for— insert the following: (E) more than $50,000,000,000 in weather-re- (A) the best manner to incorporate vol- ‘‘(II) are located in berths that are acces- lated damages; untary community-based flood insurance sible to Federal channels; (F) 14 extreme weather events, which re- policies into the National Flood Insurance ‘‘(iv) for environmental remediation re- sulted in more than $1,000,000,000 in damages Program; and lated to dredging berths and Federal naviga- each and caused a combined death toll of (B) a strategy to implement voluntary tion channels; or hundreds of people; and community-based flood insurance policies ‘‘(v) for capital investments in the infra- (G) many other extreme weather events that would encourage communities to under- structure of eligible donor ports and goods with lesser, but still significant, impacts. take flood mitigation activities, including movement corridors associated with eligible (6) In 2012, in addition to Superstorm the construction, reconstruction, or im- donor ports that mitigate the local impacts Sandy, the United States experienced— provement of levees, dams, or other flood of the movement of goods, including traffic (A) drought conditions in more than 60 per- control structures. congestion, air pollution, infrastructure deg- cent of the contiguous United States at the (c) REPORT BY COMPTROLLER GENERAL.— radation, public safety threats, and other peak of the drought, including more than Not later than 6 months after the date on impacts identified by the Secretary. 2,200 counties that have received disaster which the Administrator submits the report designations from the Secretary of Agri- required under subsection (b), the Comp- SA 839. Mrs. GILLIBRAND (for her- culture due to the drought; troller General of the United States shall— self and Mr. WICKER) submitted an (B) deadly floods in Minnesota, Tropical (1) review the report submitted by the Ad- amendment intended to be proposed by Storm Debby in Florida, and Hurricane Isaac ministrator; and her to the bill S. 601, to provide for the in Louisiana; (2) submit to the Committee on Banking, (C) destructive wildfires on more than Housing, and Urban Affairs of the Senate and conservation and development of water and related resources, to authorize the 9,000,000 acres across 37 States; the Committee on Financial Services of the (D) power outages affecting more than House of Representatives a report that con- Secretary of the Army to construct 3,400,000 homes due to severe storms during tains— various projects for improvements to the summer; and (A) an analysis of the report submitted by rivers and harbors of the United (E) deadly heat waves, highlighted by July the Administrator; States, and for other purposes; which as the warmest month on record for the con- (B) any comments or recommendations of was ordered to lie on the table; as fol- tiguous United States and more than 9,600 the Comptroller General relating to the re- lows: daily high temperature records broken dur- port submitted by the Administrator; and ing June, July, and August. At the end of the bill, add the following: (C) any other recommendations of the (7) These events and natural disaster Comptroller General relating to community- Subtitle B—Extreme Weather Resilience trends, when combined with the volatility of based flood insurance policies. SEC. 11101. SHORT TITLE. weather, ongoing demographic changes, and This subtitle may be cited as the development in high risk areas, indicate that SA 837. Ms. COLLINS (for herself and ‘‘Strengthening The Resiliency of Our Na- the negative impacts of extreme weather Mr. KING) submitted an amendment in- tion on the Ground Act’’ or the ‘‘STRONG events and natural disasters have the poten- tended to be proposed by her to the bill Act’’. tial to increase over time. The fact that a S. 601, to provide for the conservation SEC. 11102. FINDINGS AND PURPOSE. significant number of people and assets con- and development of water and related (a) FINDINGS.—Congress makes the fol- tinue to be located in areas prone to volatile resources, to authorize the Secretary lowing findings: and extreme weather indicates that these of the Army to construct various (1) Extreme weather has serious economic events will continue to be expensive and projects for improvements to rivers costs for Americans, American businesses, deadly if the United States fails to enhance and State and local governments. Hurri- its resiliency to such events. Recent studies and harbors of the United States, and canes, droughts, floods, tornadoes, extreme show that the intensity and frequency of for other purposes; which was ordered heat, and extreme cold cause death, result in some types of, but not all, extreme weather to lie on the table; as follows: loss of property and well-being, especially events will likely increase in the future. At the end of title V, add the following: among the most vulnerable populations, and (8) Economic savings can be achieved by SEC. 50lll. CAPE ARUNDEL DISPOSAL SITE, negatively impact business activity and eco- considering the impacts of extreme weather MAINE. nomic growth. over the short- and long-term in the plan- (a) IN GENERAL.—The Cape Arundel Dis- (2) Superstorm Sandy, which devastated ning process. For example, a 2005 review of posal Site selected by the Department of the the Eastern United States in late October the Federal Emergency Management Agen- Army as an alternative dredged material dis- 2012, resulted in more than 100 deaths, the cy’s hazard mitigation programs, conducted posal site under section 103(b) of the Marine evacuation of hundreds of thousands of peo- by the National Institute of Building Protection, Research, and Sanctuaries Act of ple from their homes, power outages affect- Sciences’ Multi-Hazard Mitigation Council,

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.047 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3269 found that every dollar spent on hazard miti- ferred to in this section as the ‘‘Director’’), set forth in section 11102(b), through an ef- gation yields a savings of $4 in future losses. with input from the Department of Home- fort led by the Director and the interagency (9) There are several efforts currently un- land Security, shall establish and chair an working group, which includes goals and ob- derway at the Federal, regional, tribal, interagency working group with Cabinet- jectives for key sectors. Key sectors shall in- State, and local levels that have helped lay level representation from all relevant Fed- clude— the foundation for a federally-coordinated ef- eral agencies. (A) agriculture; fort to increase the Nation’s resiliency to ex- (B) DUTIES.—The working group shall— (B) forestry and natural resources manage- treme weather events, such as the Hurricane (i) come together to provide a strategic vi- ment; Sandy Rebuilding Task Force, the Presi- sion of extreme weather resilience; (C) water management, including supply dential Policy Directive on National Pre- (ii) conduct a gap and overlap analysis of and treatment; paredness (referred to in this subtitle as Federal agencies’ current and planned activi- (D) energy supply and transmission; ‘‘PPD–8’’), the National Preparedness Sys- ties related to achieving short- and long- (E) infrastructure, including natural and tem, the whole community approach led by term resilience to extreme weather and its built forms of water and wastewater, trans- the Department of Homeland Security, and impacts on the Nation, such as storm surge, portation, coastal infrastructure, and other the Silver Jackets Program by the Army flooding, drought, and wildfires; and landscapes and ecosystems services; Corps of Engineers. Other recent reports on (iii) develop a National Extreme Weather (F) public health and healthcare delivery, this subject include the National Academies Resilience Plan in accordance with section including mental health and hazardous ma- of Sciences’ reports ‘‘Disaster Resilience: A 11105(a). terials management; (2) ADDITIONAL REPRESENTATION FROM EXEC- National Imperative’’ and ‘‘Building Commu- (G) communications, including wireless UTIVE OFFICE OF THE PRESIDENT.—The inter- nity Disaster Resilience through Public-Pri- communications; agency working group established under vate Collaboration’’. (H) housing and other buildings; paragraph (1) shall include representatives of (b) PURPOSE.—The purpose of this subtitle (I) national security; the relevant offices and councils within the is to minimize the economic and social costs (J) emergency preparedness; Executive Office of the President, includ- and future losses of life, property, well-being, (K) insurance; and business activity, and economic growth by ing— (A) the Office of Management and Budget; (L) other sectors that the Director con- making the United States more resilient to siders appropriate; the impacts of extreme weather events over (B) the National Security Staff; (C) the Council of Economic Advisors; (2) consider and identify the interdepend- the short- and long-term, thereby creating encies among the key sectors when devel- business and job growth opportunities by— (D) the Council on Environmental Quality; and oping the vision referred to in paragraph (1); (1) ensuring that the Federal Government (3) create summaries of the existing and is optimizing its use of existing resources (E) the Domestic Policy Council. (3) CONSULTATION WITH TRIBAL, STATE, AND planned efforts and programmatic work un- and funding to support State and local offi- derway or relevant to supporting State and cials, businesses, tribal nations, and the pub- LOCAL REPRESENTATIVES.— (A) IN GENERAL.—The Federal interagency local stakeholders in achieving greater ex- lic to become more resilient, including— treme weather resilience in the short and (A) encouraging the consideration of, and working group established under paragraph (1) shall work closely with an advisory group long term for each sector identified under ways to incorporate, extreme weather resil- paragraph (1) and across the sectors, specifi- ience across Federal operations, programs, to take into account the needs of State and local entities across all regions of the United cally including summaries of— policies, and initiatives; States. The advisory group shall consist of— (A) individual Federal agency programs, (B) promoting improved coordination of (i) 1 representative from the National policies, regulations, and initiatives, and re- existing and planned Federal extreme weath- Emergency Management Association; search and data collection and dissemination er resilience and adaptation efforts that im- (ii) 7 representatives from States and State efforts; pact extreme weather resilience and ensur- associations; and (B) areas of collaboration and coordination ing their coordination with, and support of, (iii) 8 representatives from local entities across Federal agencies; and State, local, regional, and tribal efforts; and associations, including representation (C) areas of coordination with State and (C) minimizing Federal policies that may from a tribal nation and at least 1 major local agencies, private entities, and regional unintentionally hinder or reduce resilience, metropolitan area. cooperation; such as damaging wetlands or other critical (B) KEY SECTORS.—The representatives de- (4) identify specific Federal programs, stat- green infrastructure, or lead Federal agen- scribed in subparagraph (A) shall, in the ag- utes, regulations, policies, and initiatives cies to operate at cross purposes in achieving gregate, represent all of the key sectors set which may unintentionally hinder resilience extreme weather resilience; and forth in subsection (b)(1). efforts, including an analysis of disincen- (D) building upon existing related efforts, (C) MEETINGS.—The Director shall meet tives, barriers, and incompatible programs, such as the Hurricane Sandy Rebuilding with the representatives described in sub- policies, or initiatives across agencies and Task Force, the PPD–8, the National Pre- paragraph (A) not fewer than 9 times during sectors; paredness System, and the whole community the development of— (5) examine how the severity and frequency approach; (i) the gap and overlap analysis under this of extreme weather events at the local and (2) communicating the latest under- section; and regional level may change in the future and standing and likely short- and long-term (ii) the National Extreme Weather Resil- communicate these potential risks to stake- human and economic impacts and risks of ience Action Plan under section 11105. holders; extreme weather to businesses and the pub- (4) COOPERATION BY FEDERAL AGENCIES.—In (6) work together to identify and evaluate lic; carrying out the activities described in sub- existing Federal tools and data to describe, (3) supporting decision making that im- section (b), Federal agency representatives analyze, forecast, and model the potential proves resilience by providing forecasts and participating in the working group shall be impacts identified under paragraph (5) and projections, data decision-support tools, and forthright and shall fully cooperate with the develop recommendations to strengthen other information and mechanisms; and Office of Science and Technology Policy. their ability to provide reliable and accurate (4) establishing a consistent vision and (5) DETAILEES.—Upon the request of the Di- forecasts at the national, regional, State, strategic plan for extreme weather resilience rector, each agency or entity referred to in and local levels; across the Federal Government. paragraph (1) shall provide the working (7) identify gaps and overlaps in Federal SEC. 11103. DEFINITIONS. group with a detailee, without reimburse- agency work, resources, and authorities that In this subtitle: ment from the working group, to support the impair the ability of the United States to (1) EXTREME WEATHER.—The term ‘‘extreme activities described in subsection (b), section meet the vision for short- and long-term ex- weather’’ includes severe and unseasonable 11105, and section 11107(a). Such detailee treme weather resilience, by comparing the weather, heavy precipitation, hurricanes, shall retain the rights, status, and privileges goals and objectives identified for each sec- storm surges, tornadoes, other windstorms of his or her regular employment without tor and across sectors with the summaries (including derechos), extreme heat, extreme interruption. identified in paragraph (3), specifically iden- cold, and other qualifying weather events as (6) VOLUNTEER SERVICES.—Notwithstanding tifying gaps relating to— determined by the interagency group estab- section 1342 of title 31, United States Code, (A) individual Federal agency programs, lished under section 11104(a)(1). the working group may investigate and use policies, and initiatives, and research data (2) RESILIENCE.—The term ‘‘resilience’’ such voluntary services as the working collection and dissemination efforts; means the ability to prepare and plan for, group determines to be necessary. (B) areas of collaboration and coordination absorb, recover from, and more successfully (b) GAP AND OVERLAP ANALYSIS.—In con- across Federal agencies; adapt to adverse events in a timely manner. ducting the gap and overlap analysis re- (C) areas of coordination with State and SEC. 11104. EXTREME WEATHER RESILIENCE GAP quired under subsection (a)(1), Federal agen- local agencies and private entities, and re- AND OVERLAP ANALYSIS. cy representatives shall— gional cooperation; (a) INTERAGENCY WORKING GROUP.— (1) develop a Federal Government-wide (8) determine potential measures to ad- (1) IN GENERAL.— working vision for resilience to the impacts dress the issues referred to in paragraph (4) (A) ESTABLISHMENT.—The Director of the of extreme weather events in the short- and and to address the gaps and overlaps referred Office of Science and Technology Policy (re- long-term, in accordance with the purpose to in paragraph (7) by—

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.047 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3270 CONGRESSIONAL RECORD — SENATE May 8, 2013 (A) designating individual or multiple Fed- (8) to support resiliency plans developed by (x) decision support tools, including risk eral agencies to address these gaps; State and local governments, regional enti- management, short- and long-term economic (B) building upon existing delivery mecha- ties, and tribal nations, to the extent pos- analysis, and predictive models; nisms; sible; and (xi) planning tools; (C) evaluating options for programs, poli- (9) to request further resources, if nec- (xii) public and private sources of assist- cies, and initiatives that may particularly essary, to fill in gaps to enable national re- ance; and benefit extreme weather resilience efforts, silience to extreme weather, including resil- (xiii) such other information as the coordi- including the role of ecosystem-based ap- ience of tribal nations, and particularly vul- nating entity considers appropriate. proaches; nerable populations, and the use of green in- (4) COORDINATING ENTITY.—The Plan shall (D) recommending modifications to exist- frastructure and ecosystem-based solutions. include the identification of a Federal agen- ing Federal agency programs, statutes, regu- cy, interagency council, office, or program, (b) COOPERATION.—Any Federal agency rep- lations, policies, and initiatives to better which participated in the gap and overlap resentative contacted by the Director, in the support extreme weather resiliency; analysis and Plan development. Such entity (E) requesting new authorities and re- course of developing the Plan, shall be forth- shall— source requirements, if needed; and right and shall fully cooperate with the Of- (A) coordinate the implementation of the (F) identifying existing Federal govern- fice of Science and Technology Policy, as re- Plan; ment processes that can be built upon to ad- quested. (B) track the progress of such implementa- dress the purpose of this subtitle; and (c) REQUIRED ACTIVITIES.— tion; and (9) establish, with the assistance of the (1) RESPONSIBILITIES.—The Plan shall in- (C) transfer responsibilities to another General Services Administration or such clude specific Federal agency and inter- Federal agency, interagency council, office, other Federal agency as the Director may agency responsibilities, identify potential or program to serve as the coordinating enti- designate, a Federal advisory working group new authorities, if necessary, and employ ty if the entities participating in the work- to provide ongoing collective input to the risk analysis— ing group agree that circumstances neces- process. (A) to address the gaps identified through sitate such a change. (c) WORKING GROUP.—The Federal advisory the gap and overlap analysis; and (5) RESILIENCY OFFICER.—Each Federal working group established pursuant to sub- (B) to improve Federal interagency coordi- agency that assists with the gap and overlap section (b)(9) shall consist of relevant pri- nation and Federal coordination with State, analysis required under section 11104 shall vate sector, academic, State and local gov- regional, local, and tribal partners. designate, from among the agency’s senior ernment, tribal nation, regional organiza- (2) AVAILABLE FUNDING OPPORTUNITIES.— management, a Senior Resiliency Officer, tion, vulnerable population, and nongovern- (A) IDENTIFICATION.—The Director shall who shall— mental representatives, with representation identify— (A) facilitate the implementation of the from each sector described in paragraph (1). (i) existing Federal grant programs and agency’s responsibilities under paragraph (1); The Director may designate an existing Fed- other funding opportunities available to sup- (B) monitor the agency’s progress and per- eral advisory committee under which the formance in implementing its responsibil- working group would operate independently, port State and local government extreme weather resiliency planning efforts; or ities under paragraph (1); with the same rights and privileges held by (C) report the agency’s progress and per- members of the advisory committee. The (ii) projects to advance extreme weather resiliency. formance to the head of the agency and the members of the working group established coordinating entity identified under para- pursuant to subsection (b)(9) may not simul- (B) PUBLICATION.—The Director shall pub- graph (3); and taneously serve as members of the advisory lish the information described in subpara- (D) serve as the agency lead in ongoing co- committee designated pursuant to this sub- graph (A) in the information portal identi- ordination efforts within the Federal agency section. The activities of the working group fied in paragraph (3). and between the coordinating entity, other should complement and not duplicate the (C) RESPONSIBILITIES.—Each participating stakeholder process conducted under PPD–8. agency shall— Federal agencies, public and private part- ners, and stakeholders. SEC. 11105. NATIONAL EXTREME WEATHER RE- (i) consider incorporating criteria or guid- SILIENCE ACTION PLAN. ance into existing relevant Federal grant (d) PUBLICATION.— (a) IN GENERAL.—Based on the results of and other funding opportunities to better (1) DRAFT PLAN.—Not later than 420 days the gap and overlap analysis conducted support State and local efforts to improve after the date of the enactment of this Act, under section 11104, the Director, working extreme weather resiliency; and the Director shall publish a draft of the Plan with the interagency working group estab- (ii) evaluate and modify existing Federal developed under this section in the Federal lished under such section, and considering funding opportunities, as appropriate, to Register. the efforts described in section 11102(a)(9), maximize the return on investment for pre- (2) PUBLIC COMMENT PERIOD.—During the shall develop a National Extreme Weather disaster mitigation activities. 60-day period beginning on the date on which Resilience Action Plan (referred to in this (3) INFORMATION PORTAL.— the draft Plan is published under paragraph section as the ‘‘Plan’’)— (A) IN GENERAL.—The Plan shall— (1), the Director shall— (1) to build upon existing Federal Govern- (i) include the establishment of an online, (A) solicit comment from the public; and ment processes referred to in section publicly available information portal for use (B) conduct a briefing for Congress to ex- 11104(b)(8)(F)— by Federal agencies, their partners, and plain the provisions contained in the draft (A) to address the results of the gap and stakeholders, that directs users to key data Plan. overlap analysis under section 11104; and and tools to inform resilience-enhancing ef- (3) FINAL PLAN.—Not later than 120 days (B) to incorporate the activities required forts; and after the end of the public comment period under subsection (c); (ii) build off and be complementary to ex- described in paragraph (2), the Director shall (2) to best utilize existing resources and isting Federal efforts, including data.gov. publish the final Plan in the Federal Reg- programs through improved interagency co- (B) MAINTENANCE.—The coordinating enti- ister. ordination and collaboration; ty identified under paragraph (3) shall be re- (e) IMPLEMENTATION.—Not later than 630 (3) to improve Federal coordination with sponsible for establishing and maintaining existing regional entities, State and local the information portal. days after the date of the enactment of this governments, networks, and private stake- (C) INFORMATION SUPPLIED.—Information Act, the Director shall begin implementing holders; shall be supplied as requested by Federal the final Plan published under subsection (4) to make data and tools accessible and agencies, their partners, academia, and pri- (d)(3). understandable and to help facilitate infor- vate stakeholders, in coordination with re- (f) FINANCING.—To the extent possible— mation exchange for tribal, State, and local gional, State, local, and tribal agencies. (1) Federal funding should be used to lever- officials, businesses, and other stakeholders (D) CONTENTS.—The information portal es- age private sector financing for resilience in a manner that addresses the needs ex- tablished under this paragraph shall direct building activities, consistent with the im- pressed by these stakeholders; users to coordinated and systematic infor- plementation of the Plan, through public- (5) to facilitate public-private partner- mation on— private partnerships; and ships; (i) best or model practices; (2) Federal grant and loan programs of the (6) to improve Federal agencies’ economic (ii) data; Federal agencies participating in the inter- analytical capacity to assess— (iii) case studies; agency working group for this effort shall (A) the likelihood and potential costs of (iv) indicators; consider extreme weather resilience as a key extreme weather impacts by region and na- (v) scientific reports; factor when awarding funding, including the tionally; and (vi) resilience and vulnerability assess- projected extreme weather risk to a project (B) the relative benefits of potential resil- ments; over the course of its expected life. ience measures to multiple stakeholders; (vii) guidance documents and design stand- (7) to provide tools to stakeholders— ards; (g) TRIBAL, STATE, AND LOCAL RESPONSIBIL- (A) to conduct analyses similar to those (viii) incentives; ITIES.—The Plan may not place new un- described in paragraph (6); and (ix) education and communication initia- funded requirements on State or local gov- (B) to support decision-making; tives; ernments.

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.047 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3271 SEC. 11106. AUTHORIZATION OF OTHER ACTIVI- (C) describes the resources requested by ment intended to be proposed by him TIES. State and local entities for activities that to the bill S. 601, to provide for the (a) IN GENERAL.—Federal agencies are au- support the purposes of this subtitle; and conservation and development of water thorized to develop tools and disseminate in- (D) identifies the difference between the formation to improve extreme weather resil- and related resources, to authorize the amounts disbursed by FEMA and the Secretary of the Army to construct ience in the key sectors set forth in section amounts requested from FEMA by State and 11104(b)(1). local entities. various projects for improvements to (b) OFFICE OF SCIENCE AND TECHNOLOGY SEC. 11108. AUTHORIZATION OF APPROPRIA- rivers and harbors of the United POLICY.—In conducting the gap and overlap TIONS. States, and for other purposes; which analysis under section 11104 and developing (a) AMOUNTS FOR ANALYSIS, PLAN DEVELOP- was ordered to lie on the table; as fol- the National Extreme Weather Resilience MENT AND IMPLEMENTATION, AND REPORTS.— lows: Action Plan under section 11105, the Director There are authorized to be appropriated such may carry out additional activities in sup- At the end of title I, add the following: sums as may be necessary for fiscal years SEC. 1004. NAVIGATION PROJECTS. port of the purpose of this subtitle. 2014 through 2016— SEC. 11107. REPORTS. During the period beginning on October 1, (1) to conduct the gap and overlap analysis 2012, and ending on September 30, 2017, the (a) GOVERNMENT ACCOUNTABILITY OFFICE required under section 11104; Secretary may carry out construction of a REPORT.—Not later than 1 year after the (2) to conduct the activities required under navigation project if— date of the enactment of this Act, the Comp- section 11105, including the creation and troller General of the United States shall (1) a Chief of Engineers report recom- maintenance of the information portal; and mending implementation of the applicable submit a report to Congress that— (3) to prepare the reports to Congress re- (1) identifies existing Federal Government project— quired under subsections (b) and (c) of sec- (A) is completed and submitted to Con- programs and policies related to disaster re- tion 11107. lief, response, and recovery that impede im- gress; and (b) AVAILABILITY OF FUNDS.—Amounts ap- (B) reflects a benefit-to-cost ratio of not proving short- and long-term extreme weath- propriated pursuant to subsection (a) shall er resilience; and less than 2:1; and remain available for the purposes set forth in (2) the local sponsor of the applicable (2) make recommendations for how the such subsection through December 31, 2016. programs or policies could be structured dif- project will— (A) advance an amount equal to the total ferently to better support short- and long- SA 840. Mr. WARNER (for himself term resilience after an extreme weather Federal share of the cost of construction of and Mr. KAINE) submitted an amend- the project; and event. ment intended to be proposed by him (b) INITIAL REPORT.—Not later than 2 years (B) seek reimbursement for the Federal after the date of the enactment of this Act, to the bill S. 601, to provide for the share for future fiscal years, as described in the Director shall submit a report to Con- conservation and development of water the Chief of Engineers report. gress that contains— and related resources, to authorize the (1) the results of the gap and overlap anal- Secretary of the Army to construct SA 843. Mr. GRAHAM (for himself ysis; various projects for improvements to and Mr. SCOTT) submitted an amend- (2) the final National Extreme Weather Re- rivers and harbors of the United ment intended to be proposed by him to the bill S. 601, to provide for the silience Action Plan; States, and for other purposes; which conservation and development of water (3) an update on the implementation of the was ordered to lie on the table; as fol- plan; and and related resources, to authorize the lows: (4) available resources for the sustained Secretary of the Army to construct implementation of the plan. On page 216, between lines 3 and 4, insert various projects for improvements to the following: (c) TRIENNIAL REPORTS.—Not later than 2 rivers and harbors of the United years after the submission of the report SEC. 3019. FOUR MILE RUN, CITY OF ALEXANDRIA under subsection (a), and every 3 years there- AND ARLINGTON COUNTY, VIRGINIA. States, and for other purposes; which after, the coordinating entity identified Section 84(a)(1) of the Water Resources De- was ordered to lie on the table; as fol- under section 11105(c)(3), in cooperation with velopment Act of 1974 (Public Law 93–251; 88 lows: the interagency working group established Stat. 35) is amended by striking ‘‘twenty- At the end of title I, add the following: under section 11104(a), shall submit a report seven thousand cubic feet per second’’ and SEC. 1004. CONTINGENCY AUTHORIZATION FOR to Congress that— inserting ‘‘18,000 cubic feet per second, WATER AND RELATED RESOURCES (1) contains an update of the National Ex- which— PROJECTS. treme Weather Resilience Action Plan; ‘‘(A) includes wetland and fluvial habitat During the period beginning on October 1, (2) describes the progress of the plan’s im- features; and 2012, and ending on September 30, 2017, the plementation; ‘‘(B) does not include freeboard’’. Secretary may carry out construction of a (3) improves upon the original analysis as project if— more information and understanding about SA 841. Mr. GRAHAM (for himself (1) a Chief of Engineers report recom- extreme weather events becomes available; and Mr. SCOTT) submitted an amend- mending implementation of the applicable (4) establishes criteria for prioritization of ment intended to be proposed by him project— activities described in the plan; to the bill S. 601, to provide for the (A) is completed and submitted to Con- (5) reconsiders and makes changes to the conservation and development of water gress; and (B) reflects a benefit-to-cost ratio of not plan based on the availability of new infor- and related resources, to authorize the mation described in paragraph (3); and less than 2:1; and Secretary of the Army to construct (2) the local sponsor of the applicable (6) identifies cost-effective changes to various projects for improvements to laws, policies, or regulations that could ad- project will— vance the purpose of this subtitle. rivers and harbors of the United (A) advance an amount equal to the total (d) FEMA REPORTS ON FUNDING.— States, and for other purposes; which Federal share of the cost of construction of (1) FINDINGS.—Congress finds the following: was ordered to lie on the table; as fol- the project; and (A) The Federal Emergency Management lows: (B) seek reimbursement for the Federal share for future fiscal years, as described in Agency grant programs are a key vehicle At the end of title II, add the following: the Chief of Engineers report. that exists to fund activities related to resil- SEC. 20ll. SENSE OF CONGRESS REGARDING iency planning and projects. NAVIGATION MAINTENANCE FOR SA 844. Mr. GRAHAM (for himself (B) In order to ensure that the United SMALL HARBORS. and Mr. SCOTT) submitted an amend- States becomes more resilient to extreme (a) FINDING.—Congress finds that the cri- weather, it is important to ensure that suffi- teria used by the Secretary as of the date of ment intended to be proposed by him cient resources are available to support re- enactment of this Act to determine funding to the bill S. 601, to provide for the siliency activities for navigation maintenance projects does not conservation and development of water (2) REPORTS.—At the end of each fiscal allow small, remote, or subsistence harbors and related resources, to authorize the year, the Director of the Federal Emergency properly to compete for scarce navigation Secretary of the Army to construct Management Agency (FEMA) shall submit a maintenance funds. various projects for improvements to report to Congress that— (b) SENSE OF CONGRESS.—It is the sense of rivers and harbors of the United (A) identifies the amounts that were made Congress that the Secretary should revise available to the FEMA during such fiscal the criteria described in subsection (a) to ac- States, and for other purposes; which year for State and local entities to use for count for the impact of small, remote, and was ordered to lie on the table; as fol- activities that support the purposes of this subsistence harbor projects on local and re- lows: subtitle; gional economies. At the end of title I, add the following: (B) identifies the amounts disbursed by SEC. 1004. NAVIGATION PROJECTS. FEMA to State and local entities during SA 842. Mr. GRAHAM (for himself During the period beginning on October 1, such fiscal year for such activities; and Mr. SCOTT) submitted an amend- 2012, and ending on September 30, 2017, the

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.047 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3272 CONGRESSIONAL RECORD — SENATE May 8, 2013 Secretary may carry out construction of a carry out projects that are not otherwise ‘‘(i) an interstate water compact approved navigation project if— carried out under section 3110 of the Water by Congress; or (1) a Chief of Engineers report recom- Resources Development Act of 2007 (121 Stat. ‘‘(ii) a project-specific statutory authoriza- mending implementation of the applicable 1135). tion.’’. project is completed and submitted to Con- (g) AUTHORIZATION OF APPROPRIATIONS.— gress; and There is SA 850. Mr. MANCHIN (for himself (2) the project is included in the initiative and Mr. TOOMEY) submitted an amend- of the President entitled ‘‘We Can’t Wait’’, SA 848. Mr. MENENDEZ submitted ment intended to be proposed by him as implemented by Executive Order 13604 (77 an amendment intended to be proposed to the bill S. 601, to provide for the Fed. Reg. 18887 (March 28, 2012)). by him to the bill S. 601, to provide for conservation and development of water the conservation and development of SA 845. Mr. GRAHAM (for himself and related resources, to authorize the water and related resources, to author- Secretary of the Army to construct and Mr. SCOTT) submitted an amend- ize the Secretary of the Army to con- various projects for improvements to ment intended to be proposed by him struct various projects for improve- rivers and harbors of the United to the bill S. 601, to provide for the ments to rivers and harbors of the States, and for other purposes; which conservation and development of water United States, and for other purposes; was ordered to lie on the table; as fol- and related resources, to authorize the which was ordered to lie on the table; Secretary of the Army to construct as follows: lows: At the end of the bill, add the following: various projects for improvements to At the end of title II, add the following: rivers and harbors of the United SEC. 20ll. DELAY IN IMPLEMENTATION OF TITLE XII—CLEAN WATER COOPERATIVE States, and for other purposes; which BIGGERT-WATERS FLOOD INSUR- FEDERALISM was ordered to lie on the table; as fol- ANCE REFORM ACT OF 2012 IN CER- SECTION 12001. SHORT TITLE. TAIN STATES. lows: This title may be cited as the ‘‘Clean (a) IN GENERAL.—The Biggert-Waters Flood Water Cooperative Federalism Act of 2013’’. At the end of title I, add the following: Insurance Reform Act of 2012 (Public Law SEC. 12002. STATE WATER QUALITY STANDARDS. SEC. 1004. NAVIGATION PROJECTS. 112–141; 126 Stat. 916) and the amendments (a) STATE WATER QUALITY STANDARDS.— During the period beginning on October 1, made by that Act shall have no force or ef- Section 303(c)(4) of the Federal Water Pollu- 2012, and ending on September 30, 2017, the fect in New York or New Jersey until the tion Control Act (33 U.S.C. 1313(c)(4)) is Secretary may carry out construction of a date that is 1 year after the date on which amended— the Administrator of the Federal Emergency navigation project if a Chief of Engineers re- (1) by redesignating subparagraphs (A) and Management Agency notifies Congress that port recommending implementation of the (B) as clauses (i) and (ii), respectively; all amounts contributed by the Federal Gov- applicable project— (2) by striking ‘‘(4)’’ and inserting ‘‘(4)(A)’’; ernment under the Hazard Mitigation Grant (1) is completed and submitted to Congress; (3) by striking ‘‘The Administrator shall and Program authorized under section 404 of the Robert T. Stafford Disaster Assistance and promulgate’’ and inserting the following: (2) reflects a benefit-to-cost ratio of not ‘‘(B) The Administrator shall promulgate’’; Emergency Relief Act (42 U.S.C. 5170c) in re- less than 2:1. and sponse to Hurricane Sandy have been ex- (4) by adding at the end the following: pended. SA 846. Mr. MANCHIN (for himself, ‘‘(C) Notwithstanding subparagraph (A)(ii), (b) EFFECTIVE DATE.—Subsection (a) shall Mr. PORTMAN, Mr. ROCKEFELLER, and the Administrator may not promulgate a re- take effect as if enacted as part of the Mr. HOEVEN) submitted an amendment Biggert-Waters Flood Insurance Reform Act vised or new standard for a pollutant in any intended to be proposed by him to the of 2012 (Public Law 112–141; 126 Stat. 916). case in which the State has submitted to the bill S. 601, to provide for the conserva- Administrator and the Administrator has ap- tion and development of water and re- SA 849. Mr. RUBIO (for himself, Mr. proved a water quality standard for that pol- lated resources, to authorize the Sec- SESSIONS, Mr. SHELBY, and Mr. NELSON) lutant, unless the State concurs with the Ad- submitted an amendment intended to ministrator’s determination that the revised retary of the Army to construct var- or new standard is necessary to meet the re- ious projects for improvements to riv- be proposed by him to the bill S. 601, to quirements of this Act.’’. ers and harbors of the United States, provide for the conservation and devel- (b) FEDERAL LICENSES AND PERMITS.—Sec- and for other purposes; which was or- opment of water and related resources, tion 401(a) of such Act (33 U.S.C. 1341(a)) is dered to lie on the table; as follows: to authorize the Secretary of the Army amended by adding at the end the following: ‘‘(7) With respect to any discharge, if a At the end of the bill, add the following: to construct various projects for im- provements to rivers and harbors of the State or interstate agency having jurisdic- SEC. 12001. PERMITS FOR DREDGED OR FILL MA- tion over the navigable waters at the point TERIAL. United States, and for other purposes; where the discharge originates or will origi- (a) IN GENERAL.—Section 404(c) of the Fed- which was ordered to lie on the table; nate determines under paragraph (1) that the eral Water Pollution Control Act (33 U.S.C. as follows: discharge will comply with the applicable 1344(c)) is amended in the first sentence by Strike section 2015 and insert the fol- provisions of sections 301, 302, 303, 306, and striking ‘‘The Administrator’’ and inserting lowing: 307, the Administrator may not take any ac- ‘‘Until such time as a permit under this sec- SEC. 2015. WATER SUPPLY. tion to supersede the determination.’’. tion has been issued by the Secretary, the Section 301(d) of the Water Supply Act of (c) STATE NPDES PERMIT PROGRAMS.—Sec- Administrator’’. 1958 (43 U.S.C. 390b(d)) is amended— tion 402(c) of such Act (42 U.S.C. 1342(c)) is (b) EFFECTIVE DATE.—The amendment (1) by striking ‘‘(d) Modifications’’ and in- amended by adding at the end the following: made by subsection (a) takes effect on Octo- serting the following: ‘‘(5) LIMITATION ON AUTHORITY OF ADMINIS- ber 18, 1972. ‘‘(d) APPROVAL OF CONGRESS OF MODIFICA- TRATOR TO WITHDRAW APPROVAL OF STATE TIONS OF RESERVOIR PROJECTS.— SA 847. Mr. BAUCUS submitted an PROGRAMS.—The Administrator may not ‘‘(1) IN GENERAL.—A modification’’; and withdraw approval of a State program under amendment intended to be proposed by (2) by adding at the end the following: paragraph (3) or (4), or limit Federal finan- him to the bill S. 601, to provide for the ‘‘(2) ADDITIONAL APPROVAL.— cial assistance for the State program, on the conservation and development of water ‘‘(A) IN GENERAL.—Except as provided in basis that the Administrator disagrees with and related resources, to authorize the subparagraph (B), in addition to the approval the State regarding— Secretary of the Army to construct under paragraph (1), approval by Congress ‘‘(A) the implementation of any water various projects for improvements to shall be required for any modification that quality standard that has been adopted by rivers and harbors of the United provides storage for municipal or industrial the State and approved by the Administrator water supply at a reservoir project (other States, and for other purposes; which under section 303(c); or than a project located in a State in which ‘‘(B) the implementation of any Federal was ordered to lie on the table; as fol- the Bureau of Reclamation operates res- guidance that directs the interpretation of lows: ervoir projects as of April 1, 2013) with a con- the State’s water quality standards.’’. On page 236, strike line 13 and insert the servation storage pool exceeding 200,000 acre- (d) LIMITATION ON AUTHORITY OF ADMINIS- following: feet if, when considered cumulatively with TRATOR TO OBJECT TO INDIVIDUAL PERMITS.— (f) EFFECT OF SECTION.— all previous modifications of the project pur- Section 402(d) of such Act (33 U.S.C. 1342(d)) (1) IN GENERAL.—Nothing in this section re- suant to this section, the modification would is amended by adding at the end the fol- places or provides a substitute for the au- involve an allocation or reallocation of more lowing: thority to carry out projects under section than 5 percent of the conservation storage ‘‘(5) The Administrator may not object 3110 of the Water Resources Development pool of the project. under paragraph (2) to the issuance of a per- Act of 2007 (121 Stat. 1135). ‘‘(B) EXCEPTION.—Approval by Congress mit by a State on the basis of— (2) FUNDING.—The amounts made available shall not be required under subparagraph (A) ‘‘(A) the Administrator’s interpretation of to carry out this section shall be used to for any modification made pursuant to— a water quality standard that has been

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.048 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3273 adopted by the State and approved by the action on employment levels and economic to the bill S. 601, to provide for the Administrator under section 303(c); or activity, including estimated job losses and conservation and development of water ‘‘(B) the implementation of any Federal decreased economic activity. and related resources, to authorize the guidance that directs the interpretation of (2) ECONOMIC MODELS.— Secretary of the Army to construct the State’s water quality standards.’’. (A) IN GENERAL.—In carrying out para- various projects for improvements to SEC. 12003. PERMITS FOR DREDGED OR FILL MA- graph (1), the Administrator shall utilize the TERIAL. best available economic models. rivers and harbors of the United (a) AUTHORITY OF EPA ADMINISTRATOR.— (B) ANNUAL GAO REPORT.—Not later than States, and for other purposes; which Section 404(c) of the Federal Water Pollution December 31st of each year, the Comptroller was ordered to lie on the table; as fol- Control Act (33 U.S.C. 1344(c)) is amended— General of the United States shall submit to lows: Congress a report on the economic models (1) by striking ‘‘(c)’’ and inserting ‘‘(c)(1)’’; On page 101, strike lines 4 through 14 and used by the Administrator to carry out this and insert the following: (2) by adding at the end the following: subsection. ‘‘(1) IN GENERAL.—The project development ‘‘(2) Paragraph (1) shall not apply to any (3) AVAILABILITY OF INFORMATION.—With re- procedures under this section apply to permit if the State in which the discharge spect to any covered action, the Adminis- project studies initiated after the date on originates or will originate does not concur trator shall— which the Secretary— with the Administrator’s determination that (A) post the analysis under paragraph (1) ‘‘(A) certifies to Congress that the cost to the discharge will result in an unacceptable as a link on the main page of the public construct the water resources projects au- adverse effect as described in paragraph Internet Web site of the Environmental Pro- thorized for construction, but not completed (1).’’. tection Agency; and on the date on which the certification is (b) STATE PERMIT PROGRAMS.—The first (B) request that the Governor of any State made, by the Chief of Engineers by any Act sentence of section 404(g)(1) of such Act (33 experiencing more than a de minimis nega- of Congress relating to water resources de- U.S.C. 1344(g)(1)) is amended by striking tive impact post such analysis in the Capitol velopment, flood control, or rivers and har- ‘‘The Governor of any State desiring to ad- of such State. bors is less than $20,000,000,000 (adjusted for minister its own individual and general per- (b) PUBLIC HEARINGS.— inflation as of the date on which the certifi- mit program for the discharge’’ and inserting (1) IN GENERAL.—If the Administrator con- cation is made); and ‘‘The Governor of any State desiring to ad- cludes under subsection (a)(1) that a covered ‘‘(B) determines that an environmental im- minister its own individual and general per- action will have more than a de minimis neg- pact statement is required. mit program for some or all of the dis- ative impact on employment levels or eco- charges’’. nomic activity in a State, the Administrator SEC. 12004. DEADLINES FOR AGENCY COMMENTS. shall hold a public hearing in each such SA 852. Mr. UDALL of New Mexico Section 404 of the Federal Water Pollution State at least 30 days prior to the effective (for himself, Mr. GRAHAM, Mr. HEIN- Control Act (33 U.S.C. 1344) is amended— date of the covered action. RICH, and Mr. BROWN) submitted an (1) in subsection (m) by striking ‘‘ninetieth (2) TIME, LOCATION, AND SELECTION.—A pub- amendment intended to be proposed by day’’ and inserting ‘‘30th day (or the 60th day lic hearing required under paragraph (1) shall him to the bill S. 601, to provide for the if additional time is requested)’’; and be held at a convenient time and location for conservation and development of water (2) in subsection (q)— impacted residents. In selecting a location and related resources, to authorize the for such a public hearing, the Administrator (A) by striking ‘‘(q)’’ and inserting ‘‘(q)(1)’’; Secretary of the Army to construct and shall give priority to locations in the State (B) by adding at the end the following: that will experience the greatest number of various projects for improvements to ‘‘(2) The Administrator and the head of a job losses. rivers and harbors of the United department or agency referred to in para- (c) NOTIFICATION.—If the Administrator States, and for other purposes; which graph (1) shall each submit any comments concludes under subsection (a)(1) that a cov- was ordered to lie on the table; as fol- with respect to an application for a permit ered action will have more than a de mini- lows: mis negative impact on employment levels under subsection (a) or (e) not later than the On page 6, lines 24 and 25, strike ‘‘the date or economic activity in any State, the Ad- 30th day (or the 60th day if additional time is of enactment of this Act’’ and insert ‘‘De- ministrator shall give notice of such impact requested) after the date of receipt of an ap- cember 31, 2016’’. plication for a permit under that sub- to the State’s Congressional delegation, Gov- section.’’. ernor, and Legislature at least 45 days before SA 853. Mr. UDALL of New Mexico SEC. 12005. APPLICABILITY OF AMENDMENTS. the effective date of the covered action. The amendments made by this title shall (d) DEFINITIONS.—In this section, the fol- (for himself, Mr. COWAN, Mr. HEINRICH, apply to actions taken on or after the date of lowing definitions apply: Ms. WARREN, Mr. CARDIN, Mr. BENNET, enactment of this Act, including actions (1) ADMINISTRATOR.—The term ‘‘Adminis- Mr. ROCKEFELLER, Mr. BLUMENTHAL, taken with respect to permit applications trator’’ means the Administrator of the En- Mrs. GILLIBRAND, Mr. LAUTENBERG, Mr. that are pending or revised or new standards vironmental Protection Agency. LEAHY, and Mr. UDALL of Colorado) that are being promulgated as of such date of (2) COVERED ACTION.—The term ‘‘covered submitted an amendment intended to enactment. action’’ means any of the following actions taken by the Administrator under the Fed- be proposed by him to the bill S. 601, to SEC. 12006. REPORTING ON HARMFUL POLLUT- provide for the conservation and devel- ANTS. eral Water Pollution Control Act (33 U.S.C. Not later than 1 year after the date of en- 1201 et seq.): opment of water and related resources, actment of this Act, and annually thereafter, (A) Issuing a regulation, policy statement, to authorize the Secretary of the Army the Administrator of the Environmental guidance, response to a petition, or other re- to construct various projects for im- Protection Agency shall submit to Congress quirement. provements to rivers and harbors of the a report on any increase or reduction in wa- (B) Implementing a new or substantially United States, and for other purposes; terborne pathogenic microorganisms (includ- altered program. which was ordered to lie on the table; (3) MORE THAN A DE MINIMIS NEGATIVE IM- ing protozoa, viruses, bacteria, and as follows: parasites), toxic chemicals, or toxic metals PACT.—The term ‘‘more than a de minimis (such as lead and mercury) in waters regu- negative impact’’ means the following: On page 138, between lines 3 and 4, insert lated by a State under the provisions of this (A) With respect to employment levels, a the following: title, including the amendments made by loss of more than 100 jobs. Any offsetting job SEC. 2034. TERMINATION OF AUTHORITY. this title. gains that result from the hypothetical cre- (a) IN GENERAL.—The authority provided ation of new jobs through new technologies SEC. 12007. PIPELINES CROSSING STREAMBEDS. by section 2032 of this Act and section 2045 of or government employment may not be used None of the provisions of this title, includ- the Water Resources Development Act of in the job loss calculation. ing the amendments made by this title, shall 2007 (33 U.S.C. 2348) (as amended by section (B) With respect to economic activity, a be construed to limit the authority of the 2033 of this Act) shall constitute a pilot pro- decrease in economic activity of more than Administrator of the Environmental Protec- gram, the authority for which terminates on $1,000,000 over any calendar year. Any offset- tion Agency, as in effect on the day before the date that is 5 years after the date of en- ting economic activity that results from the the date of enactment of this Act, to regu- actment of this Act. hypothetical creation of new economic activ- late a pipeline that crosses a streambed. (b) REPORT.—Prior to the date on which ity through new technologies or government authority is terminated under subsection (a), SEC. 12008. IMPACTS OF EPA REGULATORY AC- employment may not be used in the eco- TIVITY ON EMPLOYMENT AND ECO- the Secretary shall submit to the Committee NOMIC ACTIVITY. nomic activity calculation. on Environment and Public Works of the (a) ANALYSIS OF IMPACTS OF ACTIONS ON Senate and the Committee on Transpor- EMPLOYMENT AND ECONOMIC ACTIVITY.— SA 851. Mr. UDALL of New Mexico tation and Infrastructure of the House of (1) ANALYSIS.—Before taking a covered ac- (for himself, Mr. CARDIN, Mr. HEINRICH, Representatives a report that describes the tion, the Administrator shall analyze the im- and Mr. COWAN) submitted an amend- effectiveness of the authority described in pact, disaggregated by State, of the covered ment intended to be proposed by him subsection (a) in streamlining projects.

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.049 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3274 CONGRESSIONAL RECORD — SENATE May 8, 2013 SA 854. Mr. CASEY (for himself, Mr. ‘‘(B) is, or is located in, a county with a 5- mittee on Commerce, Science, and ALEXANDER, Mr. BLUNT, Mrs. MCCAS- year average unemployment rate of not less Transportation be authorized to meet KILL, Ms. LANDRIEU, Ms. STABENOW, Mr. than 10 percent.’’. during the session of the Senate on FRANKEN, and Mr. HARKIN) submitted SA 856. Mr. BROWN (for himself, Mr. May 8, 2013, at 2:30 p.m. in room 253 of an amendment intended to be proposed GRAHAM, Mr. UDALL of New Mexico, the Russell Senate Office Building. by him to the bill S. 601, to provide for and Mr. HEINRICH) submitted an The Committee will hold a hearing the conservation and development of amendment intended to be proposed by entitled, ‘‘The Role of Immigrants in water and related resources, to author- him to the bill S. 601, to provide for the America’s Innovation Economy.’’ ize the Secretary of the Army to con- conservation and development of water The PRESIDING OFFICER. Without struct various projects for improve- and related resources, to authorize the objection, it is so ordered. ments to rivers and harbors of the Secretary of the Army to construct COMMITTEE ON ENERGY AND NATURAL United States, and for other purposes; various projects for improvements to RESOURCES which was ordered to lie on the table; rivers and harbors of the United Mrs. BOXER. Mr. President, I ask as follows: States, and for other purposes; which unanimous consent that the Com- Beginning on page 289, strike line 16 and was ordered to lie on the table; as fol- mittee on Energy and Natural Re- all that follows through page 291, line 11, and lows: sources be authorized to meet during insert the following: On page 6, lines 24 and 25, strike ‘‘the date the session of the Senate on May 8, SEC. 7005. REVISION TO THE INLAND WATER- WAYS TRUST FUND FINANCING of enactment of this Act’’ and insert ‘‘De- 2013, at 11:30 a.m., in room 366 of the RATE. cember 31, 2016’’. Dirksen Senate Office Building. (a) IN GENERAL.—Subparagraph (A) of sec- The PRESIDING OFFICER. Without SA 857. Mr. LEVIN (for himself, Mr. tion 4042(b)(2) of the Internal Revenue Code objection, it is so ordered. of 1986 is amended to read as follows: SCHUMER, Ms. BALDWIN, and Ms. STABE- ‘‘(A) The Inland Waterways Trust Fund fi- NOW) submitted an amendment in- COMMITTEE ON HOMELAND SECURITY AND nancing rate is 29 cents per gallon.’’. tended to be proposed by him to the GOVERNMENTAL AFFAIRS (b) EFFECTIVE DATE.—The amendment bill S. 601, to provide for the conserva- Mrs. BOXER. Mr. President, I ask made by this section shall apply to uses dur- tion and development of water and re- unanimous consent that the Com- ing calendar quarters beginning more than 60 lated resources, to authorize the Sec- mittee on Homeland Security and Gov- days after the date of the enactment of this ernmental Affairs be authorized to Act. retary of the Army to construct var- ious projects for improvements to riv- meet during the session of the Senate SA 855. Mr. KAINE (for himself and ers and harbors of the United States, on May 8, 2013, at 10 a.m. in order to Mr. WARNER) submitted an amendment and for other purposes; which was or- conduct a hearing entitled ‘‘Curbing intended to be proposed by him to the dered to lie on the table; as follows: Federal Agency Waste and Fraud: New bill S. 601, to provide for the conserva- On page 71, after line 22, insert the fol- Steps to Strengthen the Integrity of tion and development of water and re- lowing: Federal Payments.’’ lated resources, to authorize the Sec- SEC. 2024. OPERATION AND MAINTENANCE OF The PRESIDING OFFICER. Without retary of the Army to construct var- GREAT LAKES PROJECTS. objection, it is so ordered. (a) FINDINGS.—Congress finds that— ious projects for improvements to riv- COMMITTEE ON INDIAN AFFAIRS (1) the Great Lakes Navigation System is a ers and harbors of the United States, unique resource that supports waterborne Mrs. BOXER. Mr. President, I ask and for other purposes; which was or- commerce critical to the national economy; unanimous consent that the Com- dered to lie on the table; as follows: and mittee on Indian Affairs be authorized At the end of title II, add the following: (2) in managing the Great Lakes Naviga- to meet during the session of the Sen- SEC. 20ll. CONSIDERATION OF APPLICATIONS tion System, the Secretary, acting through ate on May 8, 2013, in room SD–628 of FOR DREDGED OR FILL MATERIAL. the Chief of Engineers, should recognize— the Dirksen Senate Office Building, at Section 404(b) of the Federal Water Pollu- (A) the connectivity and interrelationships tion Control Act (33 U.S.C. 1344(b)) is amend- among the projects; and 2:30 p.m. ed— (B) the factors that threaten safe naviga- The PRESIDING OFFICER. Without (1) by striking ‘‘(b) Subject to subsection tion conditions throughout the Great Lakes objection, it is so ordered. (c) of this section’’ and inserting the fol- Navigation System, including lake level COMMITTEE ON THE JUDICIARY lowing: fluctuations and shoaling caused by major Mrs. BOXER. Mr. President, I ask ‘‘(b) SPECIFICATION OF DISPOSAL SITES.— storm events. unanimous consent that the Com- ‘‘(1) IN GENERAL.—Subject to subsection (b) DEFINITION OF GREAT LAKES NAVIGATION (c)’’; SYSTEM.—In this section, the term ‘‘Great mittee on the Judiciary be authorized (2) by striking ‘‘Secretary (1) through’’ and Lakes Navigation System’’ has the meaning to meet during the session of the Sen- inserting the following: given the term in section 210(c) of the Water ate, on May 8, 2013, at 2:30 p.m., in ‘‘Secretary— Resources Development Act of 1986 (as added room SD–226 of the Dirksen Senate Of- ‘‘(A) through’’; by section 8004(a)). fice Building, to conduct a hearing en- (3) by striking ‘‘section 403(c), and (2) in (c) MANAGEMENT OF THE GREAT LAKES titled ‘‘Nominations.’’ NAVIGATION SYSTEM.— any case where such guidelines under clause The PRESIDING OFFICER. Without (1) alone’’ and inserting the following: (1) IN GENERAL.—To sustain the most effec- objection, it is so ordered. ‘‘section 403(c); and tive and efficient operation and maintenance of the Great Lakes Navigation System, the COMMITTEE ON SMALL BUSINESS AND ‘‘(B) in any case in which the guidelines de- Secretary, acting through the Chief of Engi- ENTREPRENEURSHIP scribed in subparagraph (A)’’; and neers, shall manage and allocate funding for Mrs. BOXER. Mr. President, I ask (4) by adding at the end the following: all of the individually authorized commer- ‘‘(2) END-USER CONSIDERATION.—For a de- unanimous consent that the Com- cial navigation projects in the Great Lakes mittee on Small Business and Entre- termination of whether to issue a permit Navigation System as components of a sin- under this section, the lack of a specified gle, comprehensive system, recognizing the preneurship be authorized to meet dur- end-user for a site shall not be considered interdependence of the projects. ing the session of the Senate on May 8, under subsection (a)(3)(iv) of section 230.12 of (2) CARGO MEASUREMENTS.—Cargo measure- 2013, at 10 a.m. in room 106 Dirksen title 40, Code of Federal Regulations (as in ments for the purpose of prioritizing annual Senate Office building to conduct a effect on the date of enactment of the Water operations and maintenance budget re- hearing entitled ‘‘Strengthening the Resources Development Act of 2013), to be a sources for the Great Lakes Navigation Sys- Entrepreneurial Ecosystem for Minor- lack of sufficient information to make a rea- tem, and for any of the component projects sonable judgment as to whether the proposed ity Women.’’ of the System, shall aggregate the tonnage The PRESIDING OFFICER. Without discharge will comply with the guidelines of all components of the System. contained in subsection (a) of that section objection, it is so ordered. f (as in effect on that date of enactment), if SUBCOMMITTEE ON AIRLAND the jurisdiction for which the permit appli- AUTHORITY FOR COMMITTEES TO Mrs. BOXER. Mr. President, I ask cation is submitted— MEET unanimous consent that the Sub- ‘‘(A) meets all applicable requirements of paragraph (1) and section 230.12(a) of title 40, COMMITTEE ON COMMERCE, SCIENCE, AND committee on Airland of the Armed Code of Federal Regulations (as in effect on TRANSPORTATION Services Committee be authorized to the date of enactment of the Water Re- Mrs. BOXER. Mr. President, I ask meet during the session of the Senate sources Development Act of 2013); and unanimous consent that the Com- on May 8, 2013, at 9:30 a.m.

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.050 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3275 The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without title will be dedicated toward expediting the objection, it is so ordered. objection, it is so ordered. animal drug development process and the re- SUBCOMMITTEE ON CRIME AND TERRORISM f view of new and supplemental animal drug applications and investigational animal drug Mrs. BOXER. Mr. President, I ask ANIMAL DRUG AND ANIMAL GE- unanimous consent that the Com- submissions as set forth in the goals identi- NERIC DRUG USER FEE REAU- fied, for purposes of part 4 of subchapter C of mittee on the Judiciary, Sub- THORIZATION ACT OF 2013 committee on Crime and Terrorism, be chapter VII of the Federal Food, Drug, and Cosmetic Act, in the letters from the Sec- authorized to meet during the session Mr. BLUMENTHAL. Mr. President, I retary of Health and Human Services to the of the Senate, on May 8, 2013, at 9 a.m., ask unanimous consent that the Sen- Chairman of the Committee on Energy and in room SD–226 of the Dirksen Senate ate proceed to the immediate consider- Commerce of the House of Representatives Office Building, to conduct a hearing ation of Calendar No. 31, S. 622. The PRESIDING OFFICER. The and the Chairman of the Committee on entitled ‘‘Cyber Threats: Law Enforce- Health, Education, Labor, and Pensions of ment and Private Sector Responses.’’ clerk will report the bill by title. The assistant bill clerk read as fol- the Senate as set forth in the Congressional The PRESIDING OFFICER. Without Record. objection, it is so ordered. lows: A bill (S. 622) to amend the Federal Food, SEC. 102. DEFINITIONS. SUBCOMMITTEE ON EMERGENCY MANAGEMENT, Drug, and Cosmetic Act to reauthorize user INTERGOVERNMENTAL RELATIONS, AND THE Section 739 of the Federal Food, Drug, and fee programs relating to new animal drugs DISTRICT OF COLUMBIA and generic new animal drugs. Cosmetic Act (21 U.S.C. 379j–11) is amended Mrs. BOXER. Mr. President, I ask to read as follows: unanimous consent that the Sub- There being no objection, the Senate ‘‘SEC. 739. DEFINITIONS. committee on Emergency Manage- proceeded to consider the bill. ment, Intergovernmental Relations, Mr. BLUMENTHAL. Mr. President, I ‘‘For purposes of this part: and the Distrcit of Columbia of the further ask unanimous consent that ‘‘(1) The term ‘animal drug application’ Committee on Homeland Security and the bill be read a third time and passed means an application for approval of any and the motion to reconsider be made new animal drug submitted under section Governmental Affairs be authorized to 512(b)(1). Such term does not include either a meet during the session of the Senate and laid upon the table, with no inter- vening action or debate. new animal drug application submitted on May 8, 2013, at 2:30 p.m. to conduct under section 512(b)(2) or a supplemental ani- a hearing entitled, ‘‘The Role of the The PRESIDING OFFICER. Without objection, it is so ordered. mal drug application. Private Sector in Preparedness and ‘‘(2) The term ‘supplemental animal drug The bill (S. 622) was ordered to be en- Emergency Response.’’ application’ means— grossed for a third reading, was read The PRESIDING OFFICER. Without ‘‘(A) a request to the Secretary to approve the third time, and passed, as follows: objection, it is so ordered. a change in an animal drug application S. 622 which has been approved; or SUBCOMMITTEE ON SEAPOWER ‘‘(B) a request to the Secretary to approve Mrs. BOXER. Mr. President, I ask Be it enacted by the Senate and House of Rep- resentatives of the United States of America in a change to an application approved under unanimous consent that the Congress assembled, section 512(c)(2) for which data with respect Subcommitte on Seapower of the SECTION 1. SHORT TITLE. to safety or effectiveness are required. Armed Services Committee be author- This Act may be cited as the ‘‘Animal ‘‘(3) The term ‘animal drug product’ means ized to meet during the session of the Drug and Animal Generic Drug User Fee Re- each specific strength or potency of a par- Senate on May 8, 2013, at 9:30 a.m. authorization Act of 2013’’. ticular active ingredient or ingredients in The PRESIDING OFFICER. Without SEC. 2. TABLE OF CONTENTS; REFERENCES IN final dosage form marketed by a particular objection, it is so ordered. ACT. manufacturer or distributor, which is uniquely identified by the labeler code and SUBCOMMITTEE ON STRATEGIC FORCES (a) TABLE OF CONTENTS.—The table of con- tents of this Act is as follows: product code portions of the national drug Mrs. BOXER. Mr. President, I ask code, and for which an animal drug applica- unanimous consent that the Sub- Sec. 1. Short title. Sec. 2. Table of contents; references in Act. tion or a supplemental animal drug applica- committee on Strategic Forces of the tion has been approved. Senate Committee on Armed Services TITLE I—FEES RELATING TO ANIMAL ‘‘(4) The term ‘animal drug establishment’ DRUGS be authorized to meet during the ses- means a foreign or domestic place of busi- sion of the Senate on May 8, 2013, at Sec. 101. Short title; finding. ness which is at one general physical loca- Sec. 102. Definitions. tion consisting of one or more buildings all 2:30 p.m. Sec. 103. Authority to assess and use animal The PRESIDING OFFICER. Without of which are within 5 miles of each other, at drug fees. which one or more animal drug products are objection, it is so ordered. Sec. 104. Reauthorization; reporting require- manufactured in final dosage form. f ments. ‘‘(5) The term ‘investigational animal drug Sec. 105. Savings clause. UNANIMOUS CONSENT AGREE- submission’ means— Sec. 106. Effective date. ‘‘(A) the filing of a claim for an investiga- MENT—EXECUTIVE CALENDAR Sec. 107. Sunset dates. tional exemption under section 512(j) for a Mr. BLUMENTHAL. Mr. President, I TITLE II—FEES RELATING TO GENERIC new animal drug intended to be the subject ask unanimous consent that at a time ANIMAL DRUGS of an animal drug application or a supple- to be determined by the majority lead- Sec. 201. Short title; finding. mental animal drug application; or er, after consultation with the Repub- Sec. 202. Authority to assess and use generic ‘‘(B) the submission of information for the lican leader, the Senate proceed to ex- new animal drug fees. purpose of enabling the Secretary to evalu- Sec. 203. Reauthorization; reporting require- ecutive session to consider the fol- ate the safety or effectiveness of an animal ments. drug application or supplemental animal lowing nominations: Calendar Nos. 39 Sec. 204. Savings clause. drug application in the event of their filing. and 41; that there be 30 minutes for de- Sec. 205. Effective date. ‘‘(6) The term ‘animal drug sponsor’ means bate equally divided in the usual form; Sec. 206. Sunset dates. either an applicant named in an animal drug that upon the use or yielding back of (b) REFERENCES IN ACT.—Except as other- application that has not been withdrawn by time, the Senate proceed to vote with- wise specified, amendments made by this Act the applicant and for which approval has not out intervening action or debate on the to a section or other provision of law are been withdrawn by the Secretary , or a per- nominations in the order listed; that amendments to such section or other provi- son who has submitted an investigational sion of the Federal Food, Drug, and Cosmetic animal drug submission that has not been the motions to reconsider be consid- Act (21 U.S.C. 301 et seq.). ered made and laid upon the table, with terminated or otherwise rendered inactive by TITLE I—FEES RELATING TO ANIMAL the Secretary. no intervening action or debate; that DRUGS no further motions be in order to the ‘‘(7) The term ‘final dosage form’ means, with respect to an animal drug product, a nominations; that any related state- SEC. 101. SHORT TITLE; FINDING. (a) SHORT TITLE.—This title may be cited finished dosage form which is approved for ments be printed in the RECORD; that as the ‘‘Animal Drug User Fee Amendments administration to an animal without sub- the President be immediately notified of 2013’’. stantial further manufacturing. Such term of the Senate’s action and the Senate (b) FINDING.—Congress finds that the fees includes animal drug products intended for then resume legislative session. authorized by the amendments made in this mixing in animal feeds.

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AUTHORITY TO ASSESS AND USE ANI- fees for such fiscal year under this section; animal drug applications’ means the fol- MAL DRUG FEES. or lowing activities of the Secretary with re- ‘‘(a) TYPES OF FEES.—Beginning in fiscal ‘‘(ii) January 31 of each year. spect to the review of animal drug applica- year 2004, the Secretary shall assess and col- ‘‘(C) LIMITATION.—Such fee shall be paid tions, supplemental animal drug applica- lect fees in accordance with this section as only once for each animal drug product for a tions, and investigational animal drug sub- follows: fiscal year in which the fee is payable. missions: ‘‘(1) ANIMAL DRUG APPLICATION AND SUPPLE- ‘‘(3) ANIMAL DRUG ESTABLISHMENT FEE.— ‘‘(A) The activities necessary for the re- MENT FEE.— ‘‘(A) IN GENERAL.—Each person— view of animal drug applications, supple- ‘‘(A) IN GENERAL.—Each person that sub- ‘‘(i) who owns or operates, directly or mental animal drug applications, and inves- mits, on or after September 1, 2003, an ani- through an affiliate, an animal drug estab- tigational animal drug submissions. mal drug application or a supplemental ani- lishment; ‘‘(B) The issuance of action letters which mal drug application shall be subject to a fee ‘‘(ii) who is named as the applicant in an approve animal drug applications or supple- as follows: animal drug application or supplemental mental animal drug applications or which ‘‘(i) A fee established in subsection (c) for animal drug application for an animal drug set forth in detail the specific deficiencies in an animal drug application, except an ani- product which has been submitted for listing animal drug applications, supplemental ani- mal drug application subject to the criteria under section 510; and mal drug applications, or investigational set forth in section 512(d)(4). ‘‘(iii) who, after September 1, 2003, had animal drug submissions and, where appro- ‘‘(ii) A fee established in subsection (c), in pending before the Secretary an animal drug priate, the actions necessary to place such an amount that is equal to 50 percent of the application or supplemental animal drug ap- applications, supplements or submissions in amount of the fee under clause (i), for— plication, condition for approval. ‘‘(I) a supplemental animal drug applica- shall be assessed an annual establishment fee ‘‘(C) The inspection of animal drug estab- tion for which safety or effectiveness data as established in subsection (c) for each ani- lishments and other facilities undertaken as are required; and mal drug establishment listed in its ap- part of the Secretary’s review of pending ani- ‘‘(II) an animal drug application subject to proved animal drug application as an estab- mal drug applications, supplemental animal the criteria set forth in section 512(d)(4). lishment that manufactures the animal drug drug applications, and investigational ani- ‘‘(B) PAYMENT.—The fee required by sub- product named in the application. mal drug submissions. paragraph (A) shall be due upon submission ‘‘(B) PAYMENT; FEE DUE DATE.—The annual ‘‘(D) Monitoring of research conducted in of the animal drug application or supple- establishment fee shall be assessed in each connection with the review of animal drug mental animal drug application. fiscal year in which the animal drug product applications, supplemental animal drug ap- ‘‘(C) EXCEPTION FOR PREVIOUSLY FILED AP- named in the application is assessed a fee plications, and investigational animal drug PLICATION OR SUPPLEMENT.—If an animal under paragraph (2) unless the animal drug submissions. drug application or a supplemental animal establishment listed in the application does ‘‘(E) The development of regulations and drug application was submitted by a person not engage in the manufacture of the animal policy related to the review of animal drug that paid the fee for such application or sup- drug product during the fiscal year. The fee applications, supplemental animal drug ap- plement, was accepted for filing, and was not under this paragraph for a fiscal year shall plications, and investigational animal drug approved or was withdrawn (without a waiv- be due upon the later of— submissions. er or refund), the submission of an animal ‘‘(i) the first business day after the date of ‘‘(F) Development of standards for prod- drug application or a supplemental animal enactment of an appropriations Act pro- ucts subject to review. drug application for the same product by the viding for the collection and obligation of ‘‘(G) Meetings between the agency and the same person (or the person’s licensee, as- fees for such fiscal year under this section; animal drug sponsor. signee, or successor) shall not be subject to or ‘‘(H) Review of advertising and labeling a fee under subparagraph (A). ‘‘(ii) January 31 of each year. prior to approval of an animal drug applica- ‘‘(D) REFUND OF FEE IF APPLICATION RE- ‘‘(C) LIMITATION.— tion or supplemental animal drug applica- FUSED FOR FILING.—The Secretary shall re- ‘‘(i) IN GENERAL.—An establishment shall tion, but not after such application has been fund 75 percent of the fee paid under subpara- be assessed only one fee per fiscal year under approved. graph (B) for any animal drug application or this section, subject to clause (ii). ‘‘(9) The term ‘costs of resources allocated supplemental animal drug application which ‘‘(ii) CERTAIN MANUFACTURERS.—If a single for the process for the review of animal drug is refused for filing. establishment manufactures both animal applications’ means the expenses in connec- ‘‘(E) REFUND OF FEE IF APPLICATION WITH- drug products and prescription drug prod- tion with the process for the review of ani- DRAWN.—If an animal drug application or a ucts, as defined in section 735(3), such estab- mal drug applications for— supplemental animal drug application is lishment shall be assessed both the animal ‘‘(A) officers and employees of the Food withdrawn after the application or supple- drug establishment fee and the prescription and Drug Administration, contractors of the ment was filed, the Secretary may refund drug establishment fee, as set forth in sec- Food and Drug Administration, advisory the fee or portion of the fee paid under sub- tion 736(a)(2), within a single fiscal year. committees consulted with respect to the re- paragraph (B) if no substantial work was per- ‘‘(4) ANIMAL DRUG SPONSOR FEE.— view of specific animal drug applications, formed on the application or supplement ‘‘(A) IN GENERAL.—Each person— supplemental animal drug applications, or after the application or supplement was ‘‘(i) who meets the definition of an animal investigational animal drug submissions, filed. The Secretary shall have the sole dis- drug sponsor within a fiscal year; and and costs related to such officers, employees, cretion to refund the fee under this para- ‘‘(ii) who, after September 1, 2003, had committees, and contractors, including costs graph. A determination by the Secretary pending before the Secretary an animal drug for travel, education, and recruitment and concerning a refund under this paragraph application, a supplemental animal drug ap- other personnel activities; shall not be reviewable. plication, or an investigational animal drug ‘‘(B) management of information and the ‘‘(2) ANIMAL DRUG PRODUCT FEE.— submission, acquisition, maintenance, and repair of com- ‘‘(A) IN GENERAL.—Each person— shall be assessed an annual sponsor fee as es- puter resources; ‘‘(i) who is named as the applicant in an tablished under subsection (c). ‘‘(C) leasing, maintenance, renovation, and animal drug application or supplemental ‘‘(B) PAYMENT; FEE DUE DATE.—The fee repair of facilities and acquisition, mainte- animal drug application for an animal drug under this paragraph for a fiscal year shall nance, and repair of fixtures, furniture, sci- product which has been submitted for listing be due upon the later of— entific equipment, and other necessary ma- under section 510; and ‘‘(i) the first business day after the date of terials and supplies; and ‘‘(ii) who, after September 1, 2003, had enactment of an appropriations Act pro- ‘‘(D) collecting fees under section 740 and pending before the Secretary an animal drug viding for the collection and obligation of accounting for resources allocated for the re- application or supplemental animal drug ap- fees for such fiscal year under this section; view of animal drug applications, supple- plication, or mental animal drug applications, and inves- shall pay for each such animal drug product ‘‘(ii) January 31 of each year. tigational animal drug submissions. the annual fee established in subsection (c). ‘‘(C) LIMITATION.—Each animal drug spon- ‘‘(10) The term ‘adjustment factor’ applica- ‘‘(B) PAYMENT; FEE DUE DATE.—Such fee sor shall pay only one such fee each fiscal ble to a fiscal year refers to the formula set shall be payable for the fiscal year in which year. forth in section 735(8) with the base or com- the animal drug product is first submitted ‘‘(b) FEE REVENUE AMOUNTS.— parator month being October 2002. for listing under section 510, or is submitted ‘‘(1) IN GENERAL.—Subject to subsections ‘‘(11) The term ‘person’ includes an affil- for relisting under section 510 if the animal (c), (d), (f), and (g)— iate thereof. drug product has been withdrawn from list- ‘‘(A) for fiscal year 2014, the fees required ‘‘(12) The term ‘affiliate’ refers to the defi- ing and relisted. After such fee is paid for under subsection (a) shall be established to nition set forth in section 735(11).’’. that fiscal year, such fee shall be due each generate a total revenue amount of SEC. 103. AUTHORITY TO ASSESS AND USE ANI- subsequent fiscal year that the product re- $23,600,000; and MAL DRUG FEES. mains listed, upon the later of— ‘‘(B) for each of fiscal years 2015 through Section 740 of the Federal Food, Drug, and ‘‘(i) the first business day after the date of 2018, the fees required under subsection (a) Cosmetic Act (21 U.S.C. 379j–12) is amended enactment of an appropriations Act pro- shall be established to generate a total rev- to read as follows: viding for the collection and obligation of enue amount of $21,600,000.

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‘‘(2) TYPES OF FEES.—Of the total revenue adjustment and the supporting methodolo- fication for the waiver. The Secretary shall amount determined for a fiscal year under gies; and periodically publish in the Federal Register paragraph (1)— ‘‘(C) under no circumstances shall such ad- a list of persons making such certifications. ‘‘(A) 20 percent shall be derived from fees justment result in fee revenues for a fiscal ‘‘(e) EFFECT OF FAILURE TO PAY FEES.—An under subsection (a)(1) (relating to animal year that are less than the fee revenues for animal drug application or supplemental drug applications and supplements); that fiscal year established in subsection (b), animal drug application submitted by a per- ‘‘(B) 27 percent shall be derived from fees as adjusted for inflation under paragraph (2). son subject to fees under subsection (a) shall under subsection (a)(2) (relating to animal ‘‘(4) FINAL YEAR ADJUSTMENT.—For fiscal be considered incomplete and shall not be ac- drug products); year 2018, the Secretary may, in addition to cepted for filing by the Secretary until all ‘‘(C) 26 percent shall be derived from fees other adjustments under this subsection, fur- fees owed by such person have been paid. An under subsection (a)(3) (relating to animal ther increase the fees under this section, if investigational animal drug submission drug establishments); and such an adjustment is necessary, to provide under section 739(5)(B) that is submitted by a ‘‘(D) 27 percent shall be derived from fees for up to 3 months of operating reserves of person subject to fees under subsection (a) under subsection (a)(4) (relating to animal carryover user fees for the process for the re- shall be considered incomplete and shall not drug sponsors). view of animal drug applications for the first be accepted for review by the Secretary until 3 months of fiscal year 2019. If the Food and all fees owed by such person have been paid. ‘‘(c) ANNUAL FEE SETTING; ADJUSTMENTS.— Drug Administration has carryover balances The Secretary may discontinue review of ‘‘(1) ANNUAL FEE SETTING.—The Secretary for the process for the review of animal drug any animal drug application, supplemental shall establish, 60 days before the start of applications in excess of 3 months of such op- animal drug application or investigational each fiscal year beginning after September erating reserves, then this adjustment will animal drug submission from a person if 30, 2003, for that fiscal year, animal drug ap- not be made. If this adjustment is necessary, such person has not submitted for payment plication fees, supplemental animal drug ap- then the rationale for the amount of the in- all fees owed under this section by 30 days plication fees, animal drug sponsor fees, ani- crease shall be contained in the annual no- after the date upon which they are due. mal drug establishment fees, and animal tice setting fees for fiscal year 2018. ‘‘(f) ASSESSMENT OF FEES.— drug product fees based on the revenue ‘‘(5) LIMIT.—The total amount of fees ‘‘(1) LIMITATION.—Fees may not be assessed amounts established under subsection (b) charged, as adjusted under this subsection, under subsection (a) for a fiscal year begin- and the adjustments provided under this sub- for a fiscal year may not exceed the total ning after fiscal year 2003 unless appropria- section. costs for such fiscal year for the resources tions for salaries and expenses of the Food ‘‘(2) INFLATION ADJUSTMENT.—For fiscal allocated for the process for the review of and Drug Administration for such fiscal year year 2015 and subsequent fiscal years, the animal drug applications. (excluding the amount of fees appropriated revenue amounts established in subsection ‘‘(d) FEE WAIVER OR REDUCTION.— for such fiscal year) are equal to or greater (b) shall be adjusted by the Secretary by no- ‘‘(1) IN GENERAL.—The Secretary shall than the amount of appropriations for the tice, published in the Federal Register, for a grant a waiver from or a reduction of one or salaries and expenses of the Food and Drug fiscal year, by an amount equal to the sum more fees assessed under subsection (a) Administration for the fiscal year 2003 (ex- of— where the Secretary finds that— cluding the amount of fees appropriated for ‘‘(A) one; ‘‘(A) the assessment of the fee would such fiscal year) multiplied by the adjust- ‘‘(B) the average annual percent change in present a significant barrier to innovation ment factor applicable to the fiscal year in- the cost, per full-time equivalent position of because of limited resources available to volved. the Food and Drug Administration, of all such person or other circumstances; ‘‘(2) AUTHORITY.—If the Secretary does not personnel compensation and benefits paid ‘‘(B) the fees to be paid by such person will assess fees under subsection (a) during any with respect to such positions for the first 3 exceed the anticipated present and future portion of a fiscal year because of paragraph of the preceding 4 fiscal years for which data costs incurred by the Secretary in con- (1) and if at a later date in such fiscal year are available, multiplied by the average pro- ducting the process for the review of animal the Secretary may assess such fees, the Sec- portion of personnel compensation and bene- drug applications for such person; retary may assess and collect such fees, fits costs to total Food and Drug Adminis- ‘‘(C) the animal drug application or supple- without any modification in the rate, for tration costs for the first 3 years of the pre- mental animal drug application is intended animal drug applications, supplemental ani- ceding 4 fiscal years for which data are avail- solely to provide for use of the animal drug mal drug applications, investigational ani- able; and in— mal drug submissions, animal drug sponsors, ‘‘(C) the average annual percent change ‘‘(i) a Type B medicated feed (as defined in animal drug establishments and animal drug that occurred in the Consumer Price Index section 558.3(b)(3) of title 21, Code of Federal products at any time in such fiscal year not- for urban consumers (Washington-Baltimore, Regulations (or any successor regulation)) withstanding the provisions of subsection (a) DC-MD-VA-WV; not seasonally adjusted; all intended for use in the manufacture of Type relating to the date fees are to be paid. items less food and energy; annual index) for C free-choice medicated feeds; or ‘‘(g) CREDITING AND AVAILABILITY OF the first 3 years of the preceding 4 years for ‘‘(ii) a Type C free-choice medicated feed FEES.— which data are available multiplied by the (as defined in section 558.3(b)(4) of title 21, ‘‘(1) IN GENERAL.—Subject to paragraph average proportion of all costs other than Code of Federal Regulations (or any suc- (2)(C), fees authorized under subsection (a) personnel compensation and benefits costs to cessor regulation)); shall be collected and available for obliga- total Food and Drug Administration costs ‘‘(D) the animal drug application or supple- tion only to the extent and in the amount for the first 3 years of the preceding 4 fiscal mental animal drug application is intended provided in advance in appropriations Acts. years for which data are available. solely to provide for a minor use or minor Such fees are authorized to be appropriated The adjustment made each fiscal year under species indication; or to remain available until expended. Such this paragraph shall be added on a com- ‘‘(E) the sponsor involved is a small busi- sums as may be necessary may be trans- pounded basis to the sum of all adjustments ness submitting its first animal drug appli- ferred from the Food and Drug Administra- made each fiscal year after fiscal year 2014 cation to the Secretary for review. tion salaries and expenses appropriation ac- under this paragraph. ‘‘(2) USE OF STANDARD COSTS.—In making count without fiscal year limitation to such ‘‘(3) WORKLOAD ADJUSTMENT.—For fiscal the finding in paragraph (1)(B), the Secretary appropriation account for salary and ex- year 2015 and subsequent fiscal years, after may use standard costs. penses with such fiscal year limitation. The the revenue amounts established in sub- ‘‘(3) RULES FOR SMALL BUSINESSES.— sums transferred shall be available solely for section (b) are adjusted for inflation in ac- ‘‘(A) DEFINITION.—In paragraph (1)(E), the the process for the review of animal drug ap- cordance with paragraph (2), the revenue term ‘small business’ means an entity that plications. amounts shall be further adjusted for such has fewer than 500 employees, including em- ‘‘(2) COLLECTIONS AND APPROPRIATION fiscal year to reflect changes in the workload ployees of affiliates. ACTS.— of the Secretary for the process for the re- ‘‘(B) WAIVER OF APPLICATION FEE.—The ‘‘(A) IN GENERAL.—The fees authorized by view of animal drug applications. With re- Secretary shall waive under paragraph (1)(E) this section— spect to such adjustment— the application fee for the first animal drug ‘‘(i) subject to subparagraph (C), shall be ‘‘(A) such adjustment shall be determined application that a small business or its affil- collected and available in each fiscal year in by the Secretary based on a weighted aver- iate submits to the Secretary for review. an amount not to exceed the amount speci- age of the change in the total number of ani- After a small business or its affiliate is fied in appropriation Acts, or otherwise mal drug applications, supplemental animal granted such a waiver, the small business or made available for obligation for such fiscal drug applications for which data with re- its affiliate shall pay application fees for all year, and spect to safety or effectiveness are required, subsequent animal drug applications and ‘‘(ii) shall be available to defray increases manufacturing supplemental animal drug supplemental animal drug applications for in the costs of the resources allocated for the applications, investigational animal drug which safety or effectiveness data are re- process for the review of animal drug appli- study submissions, and investigational ani- quired in the same manner as an entity that cations (including increases in such costs for mal drug protocol submissions submitted to does not qualify as a small business. an additional number of full-time equivalent the Secretary; ‘‘(C) CERTIFICATION.—The Secretary shall positions in the Department of Health and ‘‘(B) the Secretary shall publish in the require any person who applies for a waiver Human Services to be engaged in such proc- Federal Register the fees resulting from such under paragraph (1)(E) to certify their quali- ess) over such costs, excluding costs paid

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.012 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3278 CONGRESSIONAL RECORD — SENATE May 8, 2013 from fees collected under this section, for (a) within 30 days after it is due, such fee with respect to the goals, and plans for meet- fiscal year 2003 multiplied by the adjustment shall be treated as a claim of the United ing the goals, for the process for the review factor. States Government subject to subchapter II of animal drug applications for the first 5 fis- ‘‘(B) COMPLIANCE.—The Secretary shall be of chapter 37 of title 31, United States Code. cal years after fiscal year 2018, and for the considered to have met the requirements of ‘‘(i) WRITTEN REQUESTS FOR WAIVERS, RE- reauthorization of this part for such fiscal subparagraph (A)(ii) in any fiscal year if the DUCTIONS, AND REFUNDS.—To qualify for con- years, the Secretary shall consult with— costs funded by appropriations and allocated sideration for a waiver or reduction under ‘‘(A) the Committee on Health, Education, for the process for the review of animal drug subsection (d), or for a refund of any fee col- Labor, and Pensions of the Senate; applications— lected in accordance with subsection (a), a ‘‘(B) the Committee on Energy and Com- ‘‘(i) are not more than 3 percent below the person shall submit to the Secretary a writ- merce of the House of Representatives; level specified in subparagraph (A)(ii); or ten request for such waiver, reduction, or re- ‘‘(C) scientific and academic experts; ‘‘(ii)(I) are more than 3 percent below the fund not later than 180 days after such fee is ‘‘(D) veterinary professionals; level specified in subparagraph (A)(ii), and due. ‘‘(E) representatives of patient and con- fees assessed for the fiscal year following the ‘‘(j) CONSTRUCTION.—This section may not sumer advocacy groups; and subsequent fiscal year are decreased by the be construed to require that the number of ‘‘(F) the regulated industry. amount in excess of 3 percent by which such full-time equivalent positions in the Depart- ‘‘(2) PRIOR PUBLIC INPUT.—Prior to begin- costs fell below the level specified in sub- ment of Health and Human Services, for offi- ning negotiations with the regulated indus- paragraph (A)(ii); and cers, employees, and advisory committees try on the reauthorization of this part, the ‘‘(II) such costs are not more than 5 per- not engaged in the process of the review of Secretary shall— cent below the level specified in subpara- animal drug applications, be reduced to off- ‘‘(A) publish a notice in the Federal Reg- graph (A)(ii). set the number of officers, employees, and ister requesting public input on the reau- ‘‘(C) PROVISION FOR EARLY PAYMENTS.— advisory committees so engaged. thorization; Payment of fees authorized under this sec- ‘‘(k) ABBREVIATED NEW ANIMAL DRUG AP- ‘‘(B) hold a public meeting at which the tion for a fiscal year, prior to the due date PLICATIONS.—The Secretary shall— public may present its views on the reau- for such fees, may be accepted by the Sec- ‘‘(1) to the extent practicable, segregate thorization, including specific suggestions retary in accordance with authority provided the review of abbreviated new animal drug for changes to the goals referred to in sub- in advance in a prior year appropriations applications from the process for the review section (a); Act. of animal drug applications; and ‘‘(C) provide a period of 30 days after the ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) adopt other administrative procedures public meeting to obtain written comments For each of the fiscal years 2014 through 2018, to ensure that review times of abbreviated from the public suggesting changes to this there is authorized to be appropriated for new animal drug applications do not increase part; and fees under this section an amount equal to from their current level due to activities ‘‘(D) publish the comments on the Food the total revenue amount determined under under the user fee program.’’. and Drug Administration’s Internet Web subsection (b) for the fiscal year, as adjusted SEC. 104. REAUTHORIZATION; REPORTING RE- site. or otherwise affected under subsection (c) QUIREMENTS. ‘‘(3) PERIODIC CONSULTATION.—Not less fre- and paragraph (4). Section 740A of the Federal Food, Drug, quently than once every 4 months during ne- ‘‘(4) OFFSET OF OVERCOLLECTIONS; RECOVERY and Cosmetic Act (21 U.S.C. 379j–13) is gotiations with the regulated industry, the OF COLLECTION SHORTFALLS.— amended to read as follows: Secretary shall hold discussions with rep- ‘‘(A) OFFSET OF OVERCOLLECTIONS.—If the ‘‘SEC. 740A. REAUTHORIZATION; REPORTING RE- resentatives of veterinary, patient, and con- sum of the cumulative amount of fees col- QUIREMENTS. sumer advocacy groups to continue discus- lected under this section for fiscal years 2014 ‘‘(a) PERFORMANCE REPORT.—Beginning sions of their views on the reauthorization through 2016 and the amount of fees esti- with fiscal year 2014, not later than 120 days and their suggestions for changes to this mated to be collected under this section for after the end of each fiscal year during which part as expressed under paragraph (2). fiscal year 2017 (including any increased fee fees are collected under this part, the Sec- ‘‘(4) PUBLIC REVIEW OF RECOMMENDATIONS.— collections attributable to subparagraph retary shall prepare and submit to the Com- After negotiations with the regulated indus- (B)), exceeds the cumulative amount appro- mittee on Health, Education, Labor, and try, the Secretary shall— priated pursuant to paragraph (3) for the fis- Pensions of the Senate and the Committee ‘‘(A) present the recommendations devel- cal years 2014 through 2017, the excess on Energy and Commerce of the House of oped under paragraph (1) to the Congres- amount shall be credited to the appropria- Representatives a report concerning the sional committees specified in such para- tion account of the Food and Drug Adminis- progress of the Food and Drug Administra- graph; tration as provided in paragraph (1), and tion in achieving the goals identified in the ‘‘(B) publish such recommendations in the shall be subtracted from the amount of fees letters described in section 101(b) of the Ani- Federal Register; that would otherwise be authorized to be col- mal Drug User Fee Amendments of 2013 to- ‘‘(C) provide for a period of 30 days for the lected under this section pursuant to appro- ward expediting the animal drug develop- public to provide written comments on such priation Acts for fiscal year 2018. ment process and the review of the new and recommendations; ‘‘(B) RECOVERY OF COLLECTION SHORT- supplemental animal drug applications and ‘‘(D) hold a meeting at which the public FALLS.— investigational animal drug submissions may present its views on such recommenda- ‘‘(i) FISCAL YEAR 2016.—For fiscal year 2016, during such fiscal year, the future plans of tions; and the amount of fees otherwise authorized to the Food and Drug Administration for meet- ‘‘(E) after consideration of such public be collected under this section shall be in- ing the goals, the review times for abbre- views and comments, revise such rec- creased by the amount, if any, by which the viated new animal drug applications, and the ommendations as necessary. amount collected under this section and ap- administrative procedures adopted by the ‘‘(5) TRANSMITTAL OF RECOMMENDATIONS.— propriated for fiscal year 2014 falls below the Food and Drug Administration to ensure Not later than January 15, 2018, the Sec- amount of fees authorized for fiscal year 2014 that review times for abbreviated new ani- retary shall transmit to Congress the revised under paragraph (3). mal drug applications are not increased from recommendations under paragraph (4) a sum- ‘‘(ii) FISCAL YEAR 2017.—For fiscal year 2017, their current level due to activities under mary of the views and comments received the amount of fees otherwise authorized to the user fee program. under such paragraph, and any changes made be collected under this section shall be in- ‘‘(b) FISCAL REPORT.—Beginning with fiscal to the recommendations in response to such creased by the amount, if any, by which the year 2014, not later than 120 days after the views and comments. amount collected under this section and ap- end of each fiscal year during which fees are ‘‘(6) MINUTES OF NEGOTIATION MEETINGS.— propriated for fiscal year 2015 falls below the collected under this part, the Secretary shall ‘‘(A) PUBLIC AVAILABILITY.—Before pre- amount of fees authorized for fiscal year 2015 prepare and submit to the Committee on senting the recommendations developed under paragraph (3). Health, Education, Labor, and Pensions of under paragraphs (1) through (5) to Congress, ‘‘(iii) FISCAL YEAR 2018.—For fiscal year the Senate and the Committee on Energy the Secretary shall make publicly available, 2018, the amount of fees otherwise authorized and Commerce of the House of Representa- on the Internet Web site of the Food and to be collected under this section (including tives a report on the implementation of the Drug Administration, minutes of all negotia- any reduction in the authorized amount authority for such fees during such fiscal tion meetings conducted under this sub- under subparagraph (A)), shall be increased year and the use, by the Food and Drug Ad- section between the Food and Drug Adminis- by the cumulative amount, if any, by which ministration, of the fees collected during tration and the regulated industry. the amount collected under this section and such fiscal year for which the report is made. ‘‘(B) CONTENT.—The minutes described appropriated for fiscal years 2016 and 2017 ‘‘(c) PUBLIC AVAILABILITY.—The Secretary under subparagraph (A) shall summarize any (including estimated collections for fiscal shall make the reports required under sub- substantive proposal made by any party to year 2017) falls below the cumulative amount sections (a) and (b) available to the public on the negotiations as well as significant con- of fees authorized under paragraph (3) for fis- the Internet Web site of the Food and Drug troversies or differences of opinion during cal years 2016 and 2017. Administration. the negotiations and their resolution.’’. ‘‘(h) COLLECTION OF UNPAID FEES.—In any ‘‘(d) REAUTHORIZATION.— SEC. 105. SAVINGS CLAUSE. case where the Secretary does not receive ‘‘(1) CONSULTATION.—In developing rec- Notwithstanding the amendments made by payment of a fee assessed under subsection ommendations to present to the Congress this title, part 4 of subchapter C of chapter

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.012 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 8, 2013 CONGRESSIONAL RECORD — SENATE S3279 VII of the Federal Food, Drug, and Cosmetic person that paid the fee for such application, fees for such fiscal year under this section; Act (21 U.S.C. 379j–11 et seq.), as in effect on was accepted for filing, and was not approved or the day before the date of the enactment of or was withdrawn (without a waiver or re- ‘‘(ii) January 31 of each year. this title, shall continue to be in effect with fund), the submission of an abbreviated ap- ‘‘(C) AMOUNT OF FEE.—Each generic new respect to animal drug applications and sup- plication for the same product by the same animal drug sponsor shall pay only 1 such fee plemental animal drug applications (as de- person (or the person’s licensee, assignee, or each fiscal year, as follows: fined in such part as of such day) that on or successor) shall not be subject to a fee under ‘‘(i) 100 percent of the amount of the ge- after October 1, 2008, but before October 1, subparagraph (A). neric new animal drug sponsor fee published 2013, were accepted by the Food and Drug Ad- ‘‘(ii) CERTAIN ABBREVIATED APPLICATIONS for that fiscal year under subsection (c) for ministration for filing with respect to assess- INVOLVING COMBINATION ANIMAL DRUGS.—An an applicant with more than 6 approved ab- ing and collecting any fee required by such abbreviated application which is subject to breviated applications. part for a fiscal year prior to fiscal year 2014. the criteria in section 512(d)(4) and sub- ‘‘(ii) 75 percent of the amount of the ge- SEC. 106. EFFECTIVE DATE. mitted on or after October 1, 2013 shall be The amendments made by this title shall subject to a fee equal to 50 percent of the neric new animal drug sponsor fee published take effect on October 1, 2013, or the date of amount of the abbreviated application fee es- for that fiscal year under subsection (c) for enactment of this Act, whichever is later, ex- tablished in subsection (c). an applicant with more than 1 and fewer cept that fees under part 4 of subchapter C of ‘‘(D) REFUND OF FEE IF APPLICATION RE- than 7 approved abbreviated applications. chapter VII of the Federal Food, Drug, and FUSED FOR FILING.—The Secretary shall re- ‘‘(iii) 50 percent of the amount of the ge- Cosmetic Act, as amended by this title, shall fund 75 percent of the fee paid under subpara- neric new animal drug sponsor fee published be assessed for all animal drug applications graph (B) for any abbreviated application for that fiscal year under subsection (c) for and supplemental animal drug applications which is refused for filing. an applicant with 1 or fewer approved abbre- received on or after October 1, 2013, regard- ‘‘(E) REFUND OF FEE IF APPLICATION WITH- viated applications. less of the date of the enactment of this Act. DRAWN.—If an abbreviated application is ‘‘(b) FEE AMOUNTS.—Subject to subsections SEC. 107. SUNSET DATES. withdrawn after the application was filed, (c), (d), (f), and (g), the fees required under (a) AUTHORIZATION.—Section 740 of the Fed- the Secretary may refund the fee or portion subsection (a) shall be established to gen- eral Food, Drug, and Cosmetic Act (21 U.S.C. of the fee paid under subparagraph (B) if no erate fee revenue amounts as follows: 379j–12) shall cease to be effective October 1, substantial work was performed on the appli- ‘‘(1) TOTAL FEE REVENUES FOR APPLICATION 2018. cation after the application was filed. The (b) REPORTING REQUIREMENTS.—Section Secretary shall have the sole discretion to FEES.—The total fee revenues to be collected 740A of the Federal Food, Drug, and Cos- refund the fee under this subparagraph. A de- in abbreviated application fees under sub- metic Act (21 U.S.C. 379j–13) shall cease to be termination by the Secretary concerning a section (a)(1) shall be $1,832,000 for fiscal year effective January 31, 2019. 2014, $1,736,000 for fiscal year 2015, $1,857,000 (c) PREVIOUS SUNSET PROVISION.— refund under this subparagraph shall not be reviewable. for fiscal year 2016, $1,984,000 for fiscal year (1) IN GENERAL.—Section 108 of the Animal 2017, and $2,117,000 for fiscal year 2018. Drug User Fee Amendments of 2008 (Public ‘‘(2) GENERIC NEW ANIMAL DRUG PRODUCT ‘‘(2) TOTAL FEE REVENUES FOR PRODUCT Law 110–316) is repealed. FEE.— FEES.—The total fee revenues to be collected (2) CONFORMING AMENDMENT.—The Animal ‘‘(A) IN GENERAL.—Each person— in generic new animal drug product fees Drug User Fee Amendments of 2008 (Public ‘‘(i) who is named as the applicant in an Law 110–316) is amended in the table of con- abbreviated application or supplemental ab- under subsection (a)(2) shall be $2,748,000 for tents in section 1, by striking the item relat- breviated application for a generic new ani- fiscal year 2014, $2,604,000 for fiscal year 2015, ing to section 108. mal drug product which has been submitted $2,786,000 for fiscal year 2016, $2,976,000 for fis- (d) TECHNICAL CLARIFICATION.—Effective for listing under section 510; and cal year 2017, and $3,175,000 for fiscal year November 18, 2003, section 5 of the Animal ‘‘(ii) who, after September 1, 2008, had 2018. Drug User Fee Act of 2003 (Public Law 108– pending before the Secretary an abbreviated ‘‘(3) TOTAL FEE REVENUES FOR SPONSOR 130) is repealed. application or supplemental abbreviated ap- FEES.—The total fee revenues to be collected TITLE II—FEES RELATING TO GENERIC plication, in generic new animal drug sponsor fees ANIMAL DRUGS shall pay for each such generic new animal under subsection (a)(3) shall be $2,748,000 for SEC. 201. SHORT TITLE; FINDING. drug product the annual fee established in fiscal year 2014, $2,604,000 for fiscal year 2015, (a) SHORT TITLE.—This title may be cited subsection (c). $2,786,000 for fiscal year 2016, $2,976,000 for fis- as the ‘‘Animal Generic Drug User Fee ‘‘(B) PAYMENT; FEE DUE DATE.—Such fee cal year 2017, and $3,175,000 for fiscal year Amendments of 2013’’. shall be payable for the fiscal year in which 2018. (b) FINDING.—The fees authorized by this the generic new animal drug product is first ‘‘(c) ANNUAL FEE SETTING; ADJUSTMENTS.— title will be dedicated toward expediting the submitted for listing under section 510, or is ‘‘(1) ANNUAL FEE SETTING.—The Secretary generic new animal drug development proc- submitted for relisting under section 510 if shall establish, 60 days before the start of ess and the review of abbreviated applica- the generic new animal drug product has tions for generic new animal drugs, supple- each fiscal year beginning after September been withdrawn from listing and relisted. 30, 2008, for that fiscal year, abbreviated ap- mental abbreviated applications for generic After such fee is paid for that fiscal year, plication fees, generic new animal drug spon- new animal drugs, and investigational sub- such fee shall be due each subsequent fiscal sor fees, and generic new animal drug prod- missions for generic new animal drugs as set year that the product remains listed, upon uct fees, based on the revenue amounts es- forth in the goals identified in the letters the later of— tablished under subsection (b) and the ad- from the Secretary of Health and Human ‘‘(i) the first business day after the date of Services to the Chairman of the Committee enactment of an appropriations Act pro- justments provided under this subsection. on Energy and Commerce of the House of viding for the collection and obligation of ‘‘(2) WORKLOAD ADJUSTMENT.—The fee reve- Representatives and the Chairman of the fees for such fiscal year under this section; nues shall be adjusted each fiscal year after Committee on Health, Education, Labor, and or fiscal year 2014 to reflect changes in review Pensions of the Senate as set forth in the ‘‘(ii) January 31 of each year. workload. With respect to such adjustment: Congressional Record. ‘‘(C) LIMITATION.—Such fee shall be paid ‘‘(A) This adjustment shall be determined SEC. 202. AUTHORITY TO ASSESS AND USE GE- only once for each generic new animal drug by the Secretary based on a weighted aver- NERIC NEW ANIMAL DRUG FEES. product for a fiscal year in which the fee is age of the change in the total number of ab- Section 741 of the Federal Food, Drug, and payable. breviated applications for generic new ani- Cosmetic Act (21 U.S.C. 379j–21) is amended ‘‘(3) GENERIC NEW ANIMAL DRUG SPONSOR mal drugs, manufacturing supplemental ab- to read as follows: FEE.— breviated applications for generic new ani- ‘‘SEC. 741. AUTHORITY TO ASSESS AND USE GE- mal drugs, investigational generic new ani- NERIC NEW ANIMAL DRUG FEES. ‘‘(A) IN GENERAL.—Each person— mal drug study submissions, and investiga- ‘‘(a) TYPES OF FEES.—Beginning with re- ‘‘(i) who meets the definition of a generic spect to fiscal year 2009, the Secretary shall new animal drug sponsor within a fiscal tional generic new animal drug protocol sub- assess and collect fees in accordance with year; and missions submitted to the Secretary. The this section as follows: ‘‘(ii) who, after September 1, 2008, had Secretary shall publish in the Federal Reg- ‘‘(1) ABBREVIATED APPLICATION FEE.— pending before the Secretary an abbreviated ister the fees resulting from this adjustment ‘‘(A) IN GENERAL.—Each person that sub- application, a supplemental abbreviated ap- and the supporting methodologies. mits, on or after July 1, 2008, an abbreviated plication, or an investigational submission, ‘‘(B) Under no circumstances shall this application for a generic new animal drug shall be assessed an annual generic new ani- workload adjustment result in fee revenues shall be subject to a fee as established in mal drug sponsor fee as established under for a fiscal year that are less than the fee subsection (c) for such an application. subsection (c). revenues for that fiscal year established in ‘‘(B) PAYMENT.—The fee required by sub- ‘‘(B) PAYMENT; FEE DUE DATE.—Such fee subsection (b). paragraph (A) shall be due upon submission shall be due each fiscal year upon the later ‘‘(3) FINAL YEAR ADJUSTMENT.—For fiscal of the abbreviated application. of— year 2018, the Secretary may, in addition to ‘‘(C) EXCEPTIONS.— ‘‘(i) the first business day after the date of other adjustments under this subsection, fur- ‘‘(i) PREVIOUSLY FILED APPLICATION.—If an enactment of an appropriations Act pro- ther increase the fees under this section, if abbreviated application was submitted by a viding for the collection and obligation of such an adjustment is necessary, to provide

VerDate Mar 15 2010 05:07 May 09, 2013 Jkt 029060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.012 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3280 CONGRESSIONAL RECORD — SENATE May 8, 2013 for up to 3 months of operating reserves of tion salaries and expenses appropriation ac- States Government subject to subchapter II carryover user fees for the process for the re- count without fiscal year limitation to such of chapter 37 of title 31, United States Code. view of abbreviated applications for generic appropriation account for salary and ex- ‘‘(i) WRITTEN REQUESTS FOR WAIVERS, RE- new animal drugs for the first 3 months of penses with such fiscal year limitation. The DUCTIONS, AND REFUNDS.—To qualify for con- fiscal year 2019. If the Food and Drug Admin- sums transferred shall be available solely for sideration for a waiver or reduction under istration has carryover balances for the the process for the review of abbreviated ap- subsection (d), or for a refund of any fee col- process for the review of abbreviated applica- plications for generic new animal drugs. lected in accordance with subsection (a), a tions for generic new animal drugs in excess ‘‘(2) COLLECTIONS AND APPROPRIATION person shall submit to the Secretary a writ- of 3 months of such operating reserves, then ACTS.— ten request for such waiver, reduction, or re- this adjustment shall not be made. If this ad- ‘‘(A) IN GENERAL.—The fees authorized by fund not later than 180 days after such fee is justment is necessary, then the rationale for this section— due. the amount of the increase shall be con- ‘‘(i) subject to subparagraph (C), shall be ‘‘(j) CONSTRUCTION.—This section may not be construed to require that the number of tained in the annual notice setting fees for collected and available in each fiscal year in full-time equivalent positions in the Depart- fiscal year 2018. an amount not to exceed the amount speci- ment of Health and Human Services, for offi- ‘‘(4) LIMIT.—The total amount of fees fied in appropriation Acts, or otherwise cers, employees, and advisory committees charged, as adjusted under this subsection, made available for obligation for such fiscal not engaged in the process of the review of for a fiscal year may not exceed the total year; and abbreviated applications for generic new ani- costs for such fiscal year for the resources ‘‘(ii) shall be available to defray increases mal drugs, be reduced to offset the number of allocated for the process for the review of ab- in the costs of the resources allocated for the officers, employees, and advisory commit- breviated applications for generic new ani- process for the review of abbreviated applica- tees so engaged. mal drugs. tions for generic new animal drugs (includ- ‘‘(k) DEFINITIONS.—In this section and sec- ‘‘(d) FEE WAIVER OR REDUCTION.—The Sec- ing increases in such costs for an additional tion 742: retary shall grant a waiver from or a reduc- number of full-time equivalent positions in ‘‘(1) ABBREVIATED APPLICATION FOR A GE- tion of 1 or more fees assessed under sub- the Department of Health and Human Serv- NERIC NEW ANIMAL DRUG.—The terms ‘abbre- section (a) where the Secretary finds that ices to be engaged in such process) over such viated application for a generic new animal the generic new animal drug is intended sole- costs, excluding costs paid from fees col- drug’ and ‘abbreviated application’ mean an ly to provide for a minor use or minor spe- lected under this section, for fiscal year 2008 abbreviated application for the approval of cies indication. multiplied by the adjustment factor. any generic new animal drug submitted ‘‘(e) EFFECT OF FAILURE TO PAY FEES.—An ‘‘(B) COMPLIANCE.—The Secretary shall be under section 512(b)(2). Such term does not abbreviated application for a generic new considered to have met the requirements of include a supplemental abbreviated applica- animal drug submitted by a person subject subparagraph (A)(ii) in any fiscal year if the to fees under subsection (a) shall be consid- tion for a generic new animal drug. costs funded by appropriations and allocated ‘‘(2) ADJUSTMENT FACTOR.—The term ‘ad- ered incomplete and shall not be accepted for for the process for the review of abbreviated filing by the Secretary until all fees owed by justment factor’ applicable to a fiscal year is applications for generic new animal drugs— the Consumer Price Index for all urban con- such person have been paid. An investiga- ‘‘(i) are not more than 3 percent below the tional submission for a generic new animal sumers (all items; United States city aver- level specified in subparagraph (A)(ii); or age) for October of the preceding fiscal year drug that is submitted by a person subject to ‘‘(ii)(I) are more than 3 percent below the fees under subsection (a) shall be considered divided by— level specified in subparagraph (A)(ii), and ‘‘(A) for purposes of subsection (f)(1), such incomplete and shall not be accepted for re- fees assessed for the fiscal year following the view by the Secretary until all fees owed by Index for October 2002; and subsequent fiscal year are decreased by the ‘‘(B) for purposes of subsection (g)(2)(A)(ii), such person have been paid. The Secretary amount in excess of 3 percent by which such may discontinue review of any abbreviated such Index for October 2007. costs fell below the level specified in sub- application for a generic new animal drug, ‘‘(3) COSTS OF RESOURCES ALLOCATED FOR paragraph (A)(ii); and supplemental abbreviated application for a THE PROCESS FOR THE REVIEW OF ABBREVIATED ‘‘(II) such costs are not more than 5 per- generic new animal drug, or investigational APPLICATIONS FOR GENERIC NEW ANIMAL cent below the level specified in subpara- submission for a generic new animal drug DRUGS.—The term ‘costs of resources allo- graph (A)(ii). from a person if such person has not sub- cated for the process for the review of abbre- ‘‘(C) PROVISION FOR EARLY PAYMENTS.— mitted for payment all fees owed under this viated applications for generic new animal Payment of fees authorized under this sec- section by 30 days after the date upon which drugs’ means the expenses in connection tion for a fiscal year, prior to the due date they are due. with the process for the review of abbre- ‘‘(f) ASSESSMENT OF FEES.— for such fees, may be accepted by the Sec- viated applications for generic new animal ‘‘(1) LIMITATION.—Fees may not be assessed retary in accordance with authority provided drugs for— under subsection (a) for a fiscal year begin- in advance in a prior year appropriations ‘‘(A) officers and employees of the Food ning after fiscal year 2008 unless appropria- Act. and Drug Administration, contractors of the tions for salaries and expenses of the Food ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— Food and Drug Administration, advisory and Drug Administration for such fiscal year There are authorized to be appropriated for committees consulted with respect to the re- (excluding the amount of fees appropriated fees under this section— view of specific abbreviated applications, for such fiscal year) are equal to or greater ‘‘(A) $7,328,000 for fiscal year 2014; supplemental abbreviated applications, or than the amount of appropriations for the ‘‘(B) $6,944,000 for fiscal year 2015; investigational submissions, and costs re- salaries and expenses of the Food and Drug ‘‘(C) $7,429,000 for fiscal year 2016; lated to such officers, employees, commit- Administration for the fiscal year 2003 (ex- ‘‘(D) $7,936,000 for fiscal year 2017; and tees, and contractors, including costs for cluding the amount of fees appropriated for ‘‘(E) $8,467,000 for fiscal year 2018; travel, education, and recruitment and other such fiscal year) multiplied by the adjust- as adjusted to reflect adjustments in the personnel activities; ment factor applicable to the fiscal year in- total fee revenues made under this section ‘‘(B) management of information, and the volved. and changes in the total amounts collected acquisition, maintenance, and repair of com- ‘‘(2) AUTHORITY.—If the Secretary does not by abbreviated application fees, generic new puter resources; assess fees under subsection (a) during any animal drug sponsor fees, and generic new ‘‘(C) leasing, maintenance, renovation, and portion of a fiscal year because of paragraph animal drug product fees. repair of facilities and acquisition, mainte- (1) and if at a later date in such fiscal year ‘‘(4) OFFSET.—If the sum of the cumulative nance, and repair of fixtures, furniture, sci- the Secretary may assess such fees, the Sec- amount of fees collected under this section entific equipment, and other necessary ma- retary may assess and collect such fees, for the fiscal years 2014 through 2016 and the terials and supplies; and without any modification in the rate, for ab- amount of fees estimated to be collected ‘‘(D) collecting fees under this section and breviated applications, generic new animal under this section for fiscal year 2017 exceeds accounting for resources allocated for the re- drug sponsors, and generic new animal drug the cumulative amount appropriated under view of abbreviated applications, supple- products at any time in such fiscal year not- paragraph (3) for the fiscal years 2014 mental abbreviated applications, and inves- withstanding the provisions of subsection (a) through 2017, the excess amount shall be tigational submissions. relating to the date fees are to be paid. credited to the appropriation account of the ‘‘(4) FINAL DOSAGE FORM.—The term ‘final ‘‘(g) CREDITING AND AVAILABILITY OF Food and Drug Administration as provided dosage form’ means, with respect to a ge- FEES.— in paragraph (1), and shall be subtracted neric new animal drug product, a finished ‘‘(1) IN GENERAL.—Subject to paragraph from the amount of fees that would other- dosage form which is approved for adminis- (2)(C), fees authorized under subsection (a) wise be authorized to be collected under this tration to an animal without substantial fur- shall be collected and available for obliga- section pursuant to appropriation Acts for ther manufacturing. Such term includes ge- tion only to the extent and in the amount fiscal year 2018. neric new animal drug products intended for provided in advance in appropriations Acts. ‘‘(h) COLLECTION OF UNPAID FEES.—In any mixing in animal feeds. Such fees are authorized to be appropriated case where the Secretary does not receive ‘‘(5) GENERIC NEW ANIMAL DRUG.—The term to remain available until expended. Such payment of a fee assessed under subsection ‘generic new animal drug’ means a new ani- sums as may be necessary may be trans- (a) within 30 days after it is due, such fee mal drug that is the subject of an abbre- ferred from the Food and Drug Administra- shall be treated as a claim of the United viated application.

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‘‘(6) GENERIC NEW ANIMAL DRUG PRODUCT.— ‘‘(11) SUPPLEMENTAL ABBREVIATED APPLICA- ‘‘(D) publish the comments on the Food The term ‘generic new animal drug product’ TION FOR GENERIC NEW ANIMAL DRUG.—The and Drug Administration’s Internet Web means each specific strength or potency of a terms ‘supplemental abbreviated application site. particular active ingredient or ingredients in for a generic new animal drug’ and ‘supple- ‘‘(3) PERIODIC CONSULTATION.—Not less fre- final dosage form marketed by a particular mental abbreviated application’ mean a re- quently than once every 4 months during ne- manufacturer or distributor, which is quest to the Secretary to approve a change gotiations with the regulated industry, the uniquely identified by the labeler code and in an approved abbreviated application.’’. Secretary shall hold discussions with rep- product code portions of the national drug SEC. 203. REAUTHORIZATION; REPORTING RE- resentatives of veterinary, patient, and con- code, and for which an abbreviated applica- QUIREMENTS. sumer advocacy groups to continue discus- tion for a generic new animal drug or a sup- Section 742 of the Federal Food, Drug, and sions of their views on the reauthorization plemental abbreviated application has been Cosmetic Act (21 U.S.C. 379j–22) is amended and their suggestions for changes to this approved. to read as follows: part as expressed under paragraph (2). ‘‘(7) GENERIC NEW ANIMAL DRUG SPONSOR.— ‘‘(4) PUBLIC REVIEW OF RECOMMENDATIONS.— ‘‘SEC. 742. REAUTHORIZATION; REPORTING RE- The term ‘generic new animal drug sponsor’ QUIREMENTS. After negotiations with the regulated indus- means either an applicant named in an ab- try, the Secretary shall— ‘‘(a) PERFORMANCE REPORTS.—Beginning breviated application for a generic new ani- with fiscal year 2014, not later than 120 days ‘‘(A) present the recommendations devel- mal drug that has not been withdrawn by the oped under paragraph (1) to the congres- after the end of each fiscal year during which applicant and for which approval has not sional committees specified in such para- fees are collected under this part, the Sec- been withdrawn by the Secretary, or a per- graph; retary shall prepare and submit to the Com- son who has submitted an investigational ‘‘(B) publish such recommendations in the mittee on Health, Education, Labor, and submission for a generic new animal drug Federal Register; Pensions of the Senate, and the Committee that has not been terminated or otherwise ‘‘(C) provide for a period of 30 days for the on Energy and Commerce of the House of rendered inactive by the Secretary. public to provide written comments on such Representatives a report concerning the ‘‘(8) INVESTIGATIONAL SUBMISSION FOR A GE- recommendations; progress of the Food and Drug Administra- NERIC NEW ANIMAL DRUG.—The terms ‘inves- ‘‘(D) hold a meeting at which the public tion in achieving the goals identified in the tigational submission for a generic new ani- may present its views on such recommenda- letters described in section 201(b) of the Ani- mal drug’ and ‘investigational submission’ tions; and mal Generic Drug User Fee Amendments of mean— ‘‘(E) after consideration of such public 2013 toward expediting the generic new ani- ‘‘(A) the filing of a claim for an investiga- views and comments, revise such rec- mal drug development process and the re- tional exemption under section 512(j) for a ommendations as necessary. view of abbreviated applications for generic generic new animal drug intended to be the ‘‘(5) TRANSMITTAL OF RECOMMENDATIONS.— new animal drugs, supplemental abbreviated subject of an abbreviated application or a Not later than January 15, 2018, the Sec- applications for generic new animal drugs, supplemental abbreviated application; or retary shall transmit to Congress the revised and investigational submissions for generic ‘‘(B) the submission of information for the recommendations under paragraph (4), a new animal drugs during such fiscal year. purpose of enabling the Secretary to evalu- summary of the views and comments re- ‘‘(b) FISCAL REPORT.—Beginning with fiscal ate the safety or effectiveness of a generic ceived under such paragraph, and any year 2014, not later than 120 days after the new animal drug in the event of the filing of changes made to the recommendations in re- end of each fiscal year during which fees are an abbreviated application or supplemental sponse to such views and comments. collected under this part, the Secretary shall abbreviated application for such drug. ‘‘(6) MINUTES OF NEGOTIATION MEETINGS.— prepare and submit to Committee on Health, ‘‘(9) PERSON.—The term ‘person’ includes ‘‘(A) PUBLIC AVAILABILITY.—Before pre- Education, Labor, and Pensions of the Sen- an affiliate thereof (as such term is defined senting the recommendations developed ate and the Committee on Energy and Com- in section 735(11)). under paragraphs (1) through (5) to Congress, merce of the House of Representatives a re- ‘‘(10) PROCESS FOR THE REVIEW OF ABBRE- the Secretary shall make publicly available, port on the implementation of the authority VIATED APPLICATIONS FOR GENERIC NEW ANI- on the Internet Web site of the Food and for such fees during such fiscal year and the MAL DRUGS.—The term ‘process for the re- Drug Administration, minutes of all negotia- use, by the Food and Drug Administration, view of abbreviated applications for generic tion meetings conducted under this sub- of the fees collected during such fiscal year new animal drugs’ means the following ac- section between the Food and Drug Adminis- for which the report is made. tivities of the Secretary with respect to the tration and the regulated industry. review of abbreviated applications, supple- ‘‘(c) PUBLIC AVAILABILITY.—The Secretary ‘‘(B) CONTENT.—The minutes described shall make the reports required under sub- mental abbreviated applications, and inves- under subparagraph (A) shall summarize any sections (a) and (b) available to the public on tigational submissions: substantive proposal made by any party to the Internet Web site of the Food and Drug ‘‘(A) The activities necessary for the re- the negotiations as well as significant con- view of abbreviated applications, supple- Administration. troversies or differences of opinion during mental abbreviated applications, and inves- ‘‘(d) REAUTHORIZATION.— the negotiations and their resolution.’’. tigational submissions. ‘‘(1) CONSULTATION.—In developing rec- ‘‘(B) The issuance of action letters which ommendations to present to Congress with SEC. 204. SAVINGS CLAUSE. Notwithstanding the amendments made by approve abbreviated applications or supple- respect to the goals, and plans for meeting this title, part 5 of subchapter C of chapter mental abbreviated applications or which set the goals, for the process for the review of VII of the Federal Food, Drug, and Cosmetic forth in detail the specific deficiencies in ab- abbreviated applications for generic new ani- Act, as in effect on the day before the date breviated applications, supplemental abbre- mal drugs for the first 5 fiscal years after fis- of enactment of this title, shall continue to viated applications, or investigational sub- cal year 2018, and for the reauthorization of be in effect with respect to abbreviated ap- missions and, where appropriate, the actions this part for such fiscal years, the Secretary plications for a generic new animal drug and necessary to place such applications, supple- shall consult with— supplemental abbreviated applications for a mental applications, or submissions in con- ‘‘(A) the Committee on Energy and Com- generic new animal drug (as defined in such dition for approval. merce of the House of Representatives; part as of such day) that on or after October ‘‘(C) The inspection of generic new animal ‘‘(B) the Committee on Health, Education, 1, 2008, but before October 1, 2013, were ac- drug establishments and other facilities un- Labor, and Pensions of the Senate; cepted by the Food and Drug Administration dertaken as part of the Secretary’s review of ‘‘(C) scientific and academic experts; for filing with respect to assessing and col- pending abbreviated applications, supple- ‘‘(D) veterinary professionals; lecting any fee required by such part for a mental abbreviated applications, and inves- ‘‘(E) representatives of patient and con- fiscal year prior to fiscal year 2014. tigational submissions. sumer advocacy groups; and SEC. 205. EFFECTIVE DATE. ‘‘(D) Monitoring of research conducted in ‘‘(F) the regulated industry. The amendments made by this title shall connection with the review of abbreviated ‘‘(2) PRIOR PUBLIC INPUT.—Prior to begin- take effect on October 1, 2013, or the date of applications, supplemental abbreviated ap- ning negotiations with the regulated indus- enactment of this Act, whichever is later, ex- plications, and investigational submissions. try on the reauthorization of this part, the cept that fees under part 5 of subchapter C of ‘‘(E) The development of regulations and Secretary shall— chapter VII of the Federal Food, Drug, and policy related to the review of abbreviated ‘‘(A) publish a notice in the Federal Reg- Cosmetic Act, as amended by this title, shall applications, supplemental abbreviated ap- ister requesting public input on the reau- be assessed for all abbreviated applications plications, and investigational submissions. thorization; for a generic new animal drug and supple- ‘‘(F) Development of standards for prod- ‘‘(B) hold a public meeting at which the mental abbreviated applications for a ge- ucts subject to review. public may present its views on the reau- neric new animal drug received on or after ‘‘(G) Meetings between the agency and the thorization, including specific suggestions October 1, 2013, regardless of the date of en- generic new animal drug sponsor. for changes to the goals referred to in sub- actment of this Act. ‘‘(H) Review of advertising and labeling section (a); SEC. 206. SUNSET DATES. prior to approval of an abbreviated applica- ‘‘(C) provide a period of 30 days after the (a) AUTHORIZATION.—Section 741 of the Fed- tion or supplemental abbreviated applica- public meeting to obtain written comments eral Food, Drug, and Cosmetic Act (21 U.S.C. tion, but not after such application has been from the public suggesting changes to this 379j–21) shall cease to be effective October 1, approved. part; and 2018.

VerDate Mar 15 2010 03:29 May 09, 2013 Jkt 029060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A08MY6.012 S08MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S3282 CONGRESSIONAL RECORD — SENATE May 8, 2013 (b) REPORTING REQUIREMENTS.—Section 742 ORDERS FOR THURSDAY, MAY 9, erty in one of the Midwest’s most dy- of the Federal Food, Drug, and Cosmetic Act 2013 namic, productive, and growing metro (21 U.S.C. 379j-22) shall cease to be effective Mr. BLUMENTHAL. Mr President, I areas on both sides of the North Da- January 31, 2019. kota-Minnesota border. (c) PREVIOUS SUNSET PROVISION.— ask unanimous consent that when the Furthermore, this vital infrastruc- (1) IN GENERAL.—Section 204 of the Animal Senate completes its business today, it Generic Drug User Fee Act of 2008 (Public adjourn until 9:30 a.m. on May 9, 2013; ture will not only protect lives and Law 110–316) is repealed. that following the prayer and pledge, property, it will actually save the Fed- (2) CONFORMING AMENDMENT.—The Animal the morning hour be deemed expired, eral Government money. This is very Generic Drug User Fee Act of 2008 (Public the Journal of proceedings be approved important at a time when we face defi- Law 110–316) is amended in the table of con- cits and debt, something we very much tents in section 1, by striking the item relat- to date, and the time for the two lead- ers be reserved for their use later in need to address. ing to section 204. So let me explain. This project will the day; that following any leader re- f actually save the Federal Government marks, the Senate be in a period of money. When the waters threaten, as AUTHORIZING THE USE OF THE morning business for 1 hour, with Sen- they have in 4 of the past 5 years, many CAPITOL GROUNDS ators permitted to speak therein for up agencies of the Federal Government to 10 minutes each, and that the time Mr. BLUMENTHAL. Mr. President, I are mobilized to protect life and prop- be equally divided and controlled be- ask unanimous consent that the Sen- erty. That includes the Army Corps of tween the two leaders or their des- ate proceed to the consideration of H. Engineers, FEMA, the Federal Emer- ignees, with the majority controlling Con. Res. 32, which was received from gency Management Agency, U.S. Fish the first half and the Republicans con- the House and is at the desk. and Wildlife, Coast Guard, even Cus- trolling final half; further, that fol- The PRESIDING OFFICER. The toms and Border Protection, which has lowing morning business the Senate re- clerk will report the concurrent resolu- been called in to monitor the advanc- sume consideration of S. 601, the Water tion by title. ing waters of the flood from the air, Resources Development Act. The assistant bill clerk read as fol- and other agencies as well. The PRESIDING OFFICER. Without lows: Those are just Federal agencies. In objection, it is so ordered. A concurrent resolution (H. Con. Res. 32) addition, we have State and local agen- authorizing the use of the Capitol Grounds f cies that respond as well. Many of for the National Honor Guard and Pipe Band PROGRAM them also rely on Federal funding. Exhibition. That includes agencies such as emer- There being no objection, the Senate Mr. BLUMENTHAL. Mr. President, gency management, the National proceeded to consider the concurrent we will continue to work through Guard, State departments of transpor- resolution. amendments to the bill during tomor- tation, highway patrol, water commis- Mr. BLUMENTHAL. Mr. President, I row’s session. Senators will be notified sion, human services, departments of ask unanimous consent that the con- when votes are scheduled. health, and many others. current resolution be agreed to and the f The point is the flood fight requires a motion to reconsider be laid upon the ORDER FOR ADJOURNMENT lot of work and it costs a lot of money. table. We are doing it every year. It involves The PRESIDING OFFICER. Without Mr. BLUMENTHAL. Mr. President, if the enormous task of building miles objection, it is so ordered. there is no further business to come be- and miles—not feet, not yards, but The concurrent resolution (H. Con. fore the Senate, I ask unanimous con- miles of temporary earthen dams, Res. 32) was agreed to. sent that it adjourn under the previous dikes, and levees. That means moving f order following the remarks of Senator heavy equipment such as backhoes, HOEVEN of North Dakota. bulldozers, dump trucks, as well as RECOGNIZING TEACHERS OF THE The PRESIDING OFFICER. Without tons and tons of dirt. It means acti- UNITED STATES objection, it is so ordered. vating the National Guard to devote its Mr. BLUMENTHAL. Mr. President, I The Senator from North Dakota. resources and equipment to the task of ask unanimous consent that the HELP f fighting the rising waters. Committee be discharged from further The flood fight also involves filling consideration of S. Res. 126 and that WATER RESOURCES sandbags, literally millions of sandbags the Senate proceed to its immediate DEVELOPMENT ACT to protect homes and businesses. It in- consideration. Mr. HOEVEN. Mr. President, I rise to volves deploying industrial pumps to The PRESIDING OFFICER. Without speak in support of the Water Re- try to move water out faster than it is objection, it is so ordered. sources Development Act or the WRDA moving into the cities. That, I tell you, The clerk will report the resolution bill that we are considering on the Sen- is very fast at the height of the flood, by title. ate floor. I wanted to begin by thank- thousands of cubic feet per second. The assistant bill clerk read as fol- ing leadership on both sides of the aisle It means calling on local police and lows: for moving this very important legisla- highway patrol officers to work over- A resolution (S. Res. 126) recognizing the tion to the floor so we can act on it. time to direct traffic, provide security, teachers in the United States for their con- This legislation is important because and keep order. Ultimately it means tributions to the development and progress it funds vital infrastructure projects paying out millions in taxpayer dollars of our country. that make our country stronger, safer, year after year, and that is the point. There being no objection, the Senate and more competitive. I wish to begin We are fighting this flood every single proceeded to consider the resolution. by talking about one of those flood pro- year, and we are expending these dol- Mr. BLUMENTHAL. Mr. President, I tection projects, permanent flood pro- lars every single year. ask unanimous consent that the reso- tection for the Red River Valley. The Then there is another phase after the lution be agreed to, the preamble be Fargo-Moorhead Area Diversion water recedes and then comes the agreed to, and the motions to recon- Project will establish permanent flood cleanup: removing those dams, dikes, sider be made and laid upon the table, protection measures for the Red River and levees, disposing of those millions with no intervening action or debate. Valley region of North Dakota and of sandbags, cleaning the streets, re- The PRESIDING OFFICER. Without Minnesota. pairing the damage, and addressing the objection, it is so ordered. It will, in essence, divert water multitude of costs and time-consuming The resolution (S. Res. 126) was around—actually water that is now al- tests necessary to get things back to agreed to. most an annual flood event—popu- normal. Again, as I have said, you are The preamble was agreed to. lation centers, channel it safely down- doing all of this on a temporary basis, (The resolution, with its preamble, is stream for both States. In fact, it will and you have to do it all over again the printed in today’s RECORD under ‘‘Sub- protect nearly one-quarter of a million following year. In fact, the expense of mitted Resolutions.’’) people and billions of dollars of prop- mounting a successful flood fight year

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With permanent flood protec- version is all about, and that is why it For example, in another community, tion, which is provided through the is so important to North Dakota, to a much smaller community, Minot, WRDA bill, we can break that cycle. Minnesota, and to the Red River Valley ND, lost the flood fight in 2011, de- With one-time spending we can protect region of the North. The Water Re- stroying or damaging more than 4,000 people on a permanent basis and do so sources Development Act, however, homes and displacing thousands of peo- much more cost-effectively. Once you does more. It is key to building and re- ple. The Federal Government has put build it, you are done with the endless building vital water infrastructure more than $632 million—let me re- and traumatic sequence of fighting projects throughout our Nation, peat—more than $632 million into the floods and cleaning up after them. Not projects that will make us stronger and only that, but the cost-sharing for per- city’s recovery efforts to date, and we safer. manent flood protection is lower for are still not done. Moreover, the WRDA bill includes the Federal Government. The Federal A similar flood in the Fargo-Moor- streamlining provisions to help us com- head metro area would be far worse and share would be less than half of the cost of the permanent project, 45 per- plete worthy projects more cost effec- far more expensive. The Army Corps of tively with less bureaucracy, with Engineers predicts a 500-year flood in cent of the permanent project. That compares with 75 to 90 percent the Fed- greater savings, and with less redtape. the Red River Valley would cost more In addition, we work conscientiously than $10 million in damage, and that eral Government is obliged to cover for the annual flood fight or, worse, if you through the process to make sure we doesn’t even take into account the im- lose the flood fight and you have that do these vital projects right. They have pact in terms of human cost and dif- recovery effort. been subjected to full corps review, in- ficulty to families and to businesses. We are saying for the permanent pro- cluding cost-benefit analyses, in an Let’s look at how the costs of such a tection, the non-Federal share, Federal open and transparent way. flood are typically shared. This is very share 45 percent. The non-Federal For all of these reasons and more, I important when we do the cost-benefit share is more than half, which means urge my colleagues to support the analysis. Typically local government State and local government will cover Water Resources Development Act for covers 15 percent of the cost. The State 55 percent of the cost, which is actually the peace of mind permanent flood con- pays about 10 percent of the cost, and the majority of the project. We have al- trol and protection will give to the peo- the Federal Government pays by far ready lined up those funds. At that ple of our region and other regions the largest share of the cost. The Fed- local level and the State level, we are throughout the country. eral Government is paying 75 percent ready to go. I yield the floor. of the cost every single year—oh, ex- This is a two-State effort, as I said. cept, in severe disasters, FEMA rec- That cost is incurred by the State of f ommends raising the 75-percent Fed- North Dakota, by local government, eral share for public assistance, the re- and Minnesota, and it breaks out as ADJOURNMENT UNTIL 9:30 A.M. pair of infrastructure, to 90 percent follows: Minnesota would cover about TOMORROW Federal cost after you meet a certain 10 percent of the non-Federal share or threshold. about $100 million. North Dakota will The PRESIDING OFFICER. Under When you have very significant dam- cover 90 percent of the non-Federal the previous order, the Senate stands age and higher losses, now the Federal share, about $900 million, divided even- adjourned until 9:30 a.m. tomorrow. Government is picking up as much as ly between the State and local munici- Thereupon, the Senate, at 7:18 p.m., 90 percent of the cost, particularly for palities, each putting in about $450 mil- adjourned until Thursday, May 9, 2013, the public infrastructure. That cost, in lion. at 9:30 a.m.

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RECOGNIZING THE CITY OF I would have voted ‘‘aye’’ on rollcall 129, RECOGNIZING THE 75TH ANNIVER- GRANDVILLE FOR THEIR COM- ‘‘aye’’ on rollcall 130, and ‘‘aye’’ on rollcall SARY OF THE GREAT RIVER MENDABLE FLOOD RESPONSE 131. ROAD

HON. BILL HUIZENGA f HON. RON KIND OF MICHIGAN OF WISCONSIN IN THE HOUSE OF REPRESENTATIVES IN MEMORY OF RICHARD E. HUG IN THE HOUSE OF REPRESENTATIVES Wednesday, May 8, 2013 Wednesday, May 8, 2013 Mr. HUIZENGA of Michigan. Mr. Speaker, I HON. ANDY HARRIS Mr. KIND. Mr. Speaker, I rise before you rise today to recognize the outstanding com- today to celebrate the 75th anniversary of the OF MARYLAND munity of Grandville, Michigan. Great River Road; one of our Nation’s most From April 18 until April 22, more than nine IN THE HOUSE OF REPRESENTATIVES historic and extensive scenic byways. Spanning nearly 3,000 miles from Canada inches of rain plagued West Michigan. It was to the Gulf of Mexico, the Great River Road called the ‘‘Tale of Two Floods’’ by local resi- Wednesday, May 8, 2013 traces its origins back to a time when Franklin dents as flood-waters cascaded out of the Mr. HARRIS. Mr. Speaker, I rise today to Roosevelt was President and the automatic Grand River and Buck Creek. Businesses honor the life of Richard E. ‘‘Dick’’ Hug, who transmission was the cutting edge of auto- were shutdown, residents were forced from passed away on May 4, 2013. Dick was a motive technology. In 1938, governors from 10 their homes, and the entire downtown district States came together to form the planning was inaccessible. friend of mine and was determined to make a Grandville has been at an important place, difference in the State of Maryland and in the commission for what was initially envisioned geographically, on the Grand River since its country through his civic involvement. I know as a continuous national parkway extending founding. During West Michigan’s logging he will be greatly missed by his family and along the entire length of the Mississippi days, the community of Grandville played a those who knew him. River. Over the next two years the U.S House fundamental part at the river-bend by ensuring of Representatives Committee on Public Dick was born January 11, 1935 in Lands held hearings to authorize a feasibility that the logs did not jam up as the Grand Paterson, New Jersey. After graduating from River turned north-west toward Grand Haven. study of the parkway concept. While popular, Duke University in 1956, Dick began his busi- Despite the difficult conditions created by the the idea was soon overshadowed in the wake ‘‘Tale of Two Floods’’, Grandville’s citizens yet ness career with Koppers Company, Inc. In of the Second World War. More than a decade passed before a feasi- again took care of the river-bend, putting forth 1973, Dick was named Corporate Vice Presi- bility study was finally completed by the Bu- a historic effort to both protect and clean up dent of Koppers. Dick went on to serve as reau of Public Roads in 1951. Finding the con- their city. President, Chairman, and Chief Executive Offi- struction of an entirely new parkway to be too When faced with a time of crisis, the citi- cer of Environmental Elements Corporation, a expensive, the study offered an alternative zens, churches, and businesses of Grandville company specializing in air pollution control proposition; the development of a scenic route came together to care for their fellow residents systems for the utility and industrial markets built from the existing network of rural roads and their community. Many individuals sac- listed on the New York Stock Exchange in and highways that meandered and criss- rificed for their neighbors and are worth ac- 1991. In 1995, Dick retired and remained a Di- crossed the Mississippi River. This route, now knowledging, but I was particularly struck by rector and Chairman Emeritus until the com- known as the Great River Road, is a testa- an act of generosity from eleven-year-old pany’s sale in 2005. ment to the cooperative effort of States and Emma Kukla. While on a bike ride to explore the Federal Government working together with the damage, Emma and her mom came Dick was very active and well-known in the local communities to preserve the many his- across a family carrying their remaining pos- Maryland community serving as Chairman of toric features and natural beauties of the Mis- sessions from their flooded home. They volun- the Maryland Chamber of Commerce, Mary- sissippi River Valley. teered their van to help the family move their land Business for Responsive Government, Today the Great River Road offers travelers salvaged belongings and Emma generously Leadership Maryland, the National Aquarium not just a leisurely scenic drive but a unique gave the last $20 from her wallet. of Baltimore, the Kennedy Krieger Institute, and lasting journey through diverse commu- Emma embodies the spirit of Grandville, the United Way of Central Maryland, and nities and landscapes; from charming river Michigan. The Grandville/Jenison Chamber of Duke University School of the Environment. towns to lush forests, from bluffs to the delta, Commerce describes the community as one from big city to sprawling rural vistas. The devoted to: ‘‘Faith, family, honesty, caring, re- Dick also served as Regent on the University Great River Road is truly a national treasure. spect, responsibility. That’s Grandville. Since of Maryland Board. In addition, Dick served on It is with great pride that I rise today to com- its inception, Grandville has given people a the Boards of the University System of Mary- memorate the 75 years of hard work and dedi- place they truly belong. They support each land Foundation, Loyola University of Mary- cation that have gone into developing and pre- other, take pride in the community, and make land, AAA Maryland, the Baltimore Symphony serving the Greater River Road so that it will Grandville a positive place to live.’’ Orchestra, and Bank of Annapolis. His philan- continue to serve as a gateway to the rich her- I ask my colleagues to join me in honoring thropy was well-known throughout the State. itage of the Mississippi River for future gen- the city of Grandville for serving one another Dick is survived by his wife of 56 years, erations. during a time of great need. Lois-ann Hug, a son Donald R. Hug and his f f wife Deborah H. Hug, and daughter Cynthia CONGRESSIONAL TRIBUTE FOR PERSONAL EXPLANATION H. Marino and her husband Mark D. Marino, BIG SANDY COMMUNITY AND four grandchildren, David, Scott, and Steph- TECHNICAL COLLEGE HON. JIM GERLACH anie Marino, and Leanne Hug. He is also sur- OF PENNSYLVANIA vived by his sister, Barbara H. Overstreet and HON. HAROLD ROGERS IN THE HOUSE OF REPRESENTATIVES her husband Ronald N. Overstreet. OF KENTUCKY Wednesday, May 8, 2013 Dick’s absence will be felt throughout the IN THE HOUSE OF REPRESENTATIVES Mr. GERLACH. Mr. Speaker, unfortunately, community, but his service will not be forgot- Wednesday, May 8, 2013 on May 6, 2013, I missed three recorded ten. I ask those here today to join me in hon- Mr. ROGERS of Kentucky. Mr. Speaker, I votes on the House floor. Had I been present, oring Richard E. ‘‘Dick’’ Hug. rise today to pay tribute to the Big Sandy

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

VerDate Mar 15 2010 05:02 May 09, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K08MY8.001 E08MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS E616 CONGRESSIONAL RECORD — Extensions of Remarks May 8, 2013 Community and Technical College as this pro- ple visit Niagara Falls, their first stop is often commemorate the designation of May 15th as gressive institute for post-secondary education DiCamillo’s. As teenagers, Angelica, Theresa, ‘‘Founding Mother’s Day’’ within Santa Bar- celebrates a unique combination of anniver- and Joseph began working to support their bara County. saries in 2013. family’s business. Angelica began working in In 1988, a group of women convened the Seventy-five years ago, the Mayo Technical the bakery a few years after graduating high first meeting of the Santa Barbara Women’s College was established in 1938. Fifty years school, after managing the family grocery Political Committee, an organization founded ago, the Prestonsburg Community College store. Theresa handled office responsibilities to increase the number of women in local was established in 1964. Finally, ten years such as payroll and accounting as early as elected and appointed positions and to pro- ago, the two institutions merged in 2003, cre- age 13, while attending school. Today, she mote policies advancing women’s status. ating the Big Sandy Community and Technical and Angelica are the Senior Advisers to the Through their dedication to promote gender College. I count it an honor to congratulate the company. Joseph began as a baker while in equality, the proportion of women holding local founders of these institutions on this rare triple school, eventually becoming a driver for the political office has increased dramatically and celebration of the combined 75th, 50th and family’s company and staying involved for fifty- virtually all candidates for office in the Santa 10th anniversaries. four years. Today, the company is operated by Barbara County have come to seek the The Big Sandy Community and Technical the next generation of the DiCamillo family. group’s endorsement. College is a tremendous resource in the Appa- Joseph Calato ensured Niagara Falls’s Today, we celebrate the success of these lachian Mountains of eastern Kentucky, pro- place in music history. Joe became known as Founding Mothers who have made it possible viding excellence in post-secondary education a passionate drummer while enrolled at Niag- for women of every race, age, and class to for students in Floyd, Johnson, Pike, Martin, ara Falls High School. Often, Joe became contribute to the growth and vitality of Santa and Magoffin Counties to pursue the dream of frustrated at how quickly the tips of his drum- Barbara County. The Santa Barbara Women’s earning a college degree close to home, with sticks deteriorated. One day, after returning Political Committee is a shining example of four campus locations. home to Niagara Falls following his service in the potential for active local efforts to increase The Big Sandy Community and Technical the Air Force, he put a plastic tip on the end women’s representation in leadership through- College continues to carry on the mission of of his drumstick, and created what is now out the country. the institutions that laid its foundation by en- known as the Regal Tip drumstick. Regal Tip Mr. Speaker, I ask that all Members join me riching the lives of thousands of students each is now a family business, producing drum- in honoring the tireless work of the Santa Bar- year, dedicated to helping raise a generation sticks and brushes that are sold internationally bara Women’s Political Committee. from its heavy burden of poverty, and pre- from Niagara Falls. f paring them for successful careers and a bet- Douglas Mooradian returned to Niagara INCREASING AMERICAN JOBS ter future for our rural region. Falls after spending four years pursuing higher THROUGH GREATER EXPORTS TO Mr. Speaker, I ask my colleagues to join me education at SUNY Cortland and four years AFRICA celebrating the tenth anniversary of the Big working in North Carolina for the Greensboro Sandy Community and Technical College and Coliseum Complex. As the Director of Mar- HON. CHRISTOPHER H. SMITH the tireless efforts of educators and leaders of keting and Public Relations at Health System OF NEW JERSEY the past that pioneered the path for quality Services, a company based in Wheatfield, IN THE HOUSE OF REPRESENTATIVES post-secondary education in the mountains of Doug has played an integral role in the growth eastern Kentucky over the last seventy-five of the company’s Home Medical and Res- Wednesday, May 8, 2013 years. piratory Equipment Division. Since returning Mr. SMITH of New Jersey. Mr. Speaker, f home, Doug has immersed himself in the yesterday, I chaired a Subcommittee on Afri- community, and has won honors such as ‘‘Vol- ca, Global Health, Global Human Rights, and PERSONAL EXPLANATION unteer of the Year’’ in 2009 from the Niagara International Organizations hearing that exam- Falls Boys’ & Girls’ Club. His mother, Kathy, ined the issues surrounding U.S. exports to HON. BARBARA LEE father, Carl, sisters, Stacy and Wendy, and Africa, which are supposed to at least balance OF CALIFORNIA wife, Jennifer, are all proud Niagara Falls High African exports to the United States. This in- IN THE HOUSE OF REPRESENTATIVES School alumni. cluded looking at existing obstacles to two- Coach Patrick Monti spent twenty-five years way trade with Africa. The hearing specifically Wednesday, May 8, 2013 as a basketball coach at LaSalle High School. examined the Increasing American Jobs Ms. LEE of California. Mr. Speaker, I was While coaching at LaSalle High School, he Through Greater Exports to Africa Act of 2013 not present for rollcall votes 129–131. Had I compiled an impressive 423–112 record, and (H.R. 1777). The bill was reintroduced in the been present, I would have voted ‘‘yes’’ on all led the Explorers to two New York State Pub- House by myself, Ranking Member KAREN three votes. lic High School Athletic Association Class A BASS, and Congressman BOBBY RUSH on April f Championships in 1995 and 1996. In 1987, 26th and was introduced in the Senate on the Explorers completed a legendary unbeaten April 11th as S. 718. RECOGNIZING THE HONOREES OF season, ending with a record of twenty-seven The purpose of H.R. 1777 (and S. 718) is THE NIAGARA FALLS EDU- wins and zero losses. Coach Monti was to increase U.S. exports to Africa by 200 per- CATION FOUNDATION known for his discipline, and beloved by the cent over the next decade. This bill does not LaSalle High School community. replace AGOA. It complements it by providing HON. BRIAN HIGGINS Mr. Speaker, thank you for allowing me to for a rebalancing that makes it as beneficial to OF NEW YORK recognize the work these individuals have Americans as it is to Africans. The bill intends IN THE HOUSE OF REPRESENTATIVES done with the Niagara Falls public schools and to reach its ambitious, but achievable, goal by Wednesday, May 8, 2013 in the greater Niagara Falls community. I am taking several steps, including the creation of grateful for their wonderful talents and incred- a comprehensive U.S.-Africa trade strategy Mr. HIGGINS. Mr. Speaker, today I rise to ible generosity. and a coordinator to ensure that all U.S. agen- recognize an exceptional group of individuals f cies involved in trade work in concert with one as they are honored by the Niagara Falls Edu- another. cation Foundation. Angelica, Theresa and Jo- IN RECOGNITION OF 25 YEARS OF This legislation also calls for not less than seph DiCamillo, Joseph Calato, Douglas SERVICE BY THE SANTA BAR- 25 percent of available U.S. financing for trade Moordian and Coach Pat Monti have made BARA WOMEN’S POLITICAL COM- deals to be devoted to facilitating U.S.-Africa great investments in Niagara Falls. Their tire- MITTEE trade. Furthermore, it encourages the de- less work and generosity with their talents scendants of Africa in this country, who largely make them outstanding role models for current HON. LOIS CAPPS operate small and medium-sized businesses, students. OF CALIFORNIA to play a greater role in trade with the coun- Angelica, Theresa, and Joseph of the IN THE HOUSE OF REPRESENTATIVES tries in Africa. DiCamillo family are all proud alumni of Niag- Various studies show that every additional ara Falls High School. Their parents, Tomasso Wednesday, May 8, 2013 $1 billion in exports generates 6,000–7,000 and Addoloratata DiCamillo, opened the leg- Mrs. CAPPS. Mr. Speaker, I rise today to new U.S. jobs. According to current data from endary DiCamillo bakery on 14th Street and recognize 25 years of service by the Santa the U.S. International Trade Administration ex- Tronolone Place in Niagara Falls. When peo- Barbara Women’s Political Committee and to port-supported jobs linked to manufacturing

VerDate Mar 15 2010 05:02 May 09, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K08MY8.005 E08MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS May 8, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E617 account for an estimated 3.3 percent of my environment for consumer sales, earning a RECOGNIZING THE FALLEN LAW home state of New Jersey’s total private-sec- fifth of its profits in Africa until the 1970s, ENFORCEMENT OFFICERS WHO tor employment. More than one-sixth, or 17.2 when it turned its main commercial attention to LIVED OR SERVED IN PRINCE percent, of all manufacturing workers in New Asia. Now Unilever is back in Africa in force, WILLIAM COUNTY BETWEEN 1922 Jersey depend on exports for their jobs. selling $3.7 billion of everything from soup to AND 2012 But U.S. exports have suffered during the soap. Frank Braeken, head of Unilever’s Africa global economic downturn because traditional operations, said African consumers are under- HON. GERALD E. CONNOLLY markets, such as in Europe, are buying fewer served and overcharged. To meet the con- OF VIRGINIA U.S. products. According to the USITA, we are tinent’s need for personal care products for Af- the largest importer of African goods, receiving rican skin and hair, Unilever developed its Mo- IN THE HOUSE OF REPRESENTATIVES 20.2 percent of the continent’s total global ex- tions range of products. Wednesday, May 8, 2013 ports. However, U.S. exports to Africa fell At our hearing on this legislation last spring, sharply during the height of the global reces- Mr. CONNOLLY. Mr. Speaker, I rise to rec- we heard from Luster Products, which pro- ognize and honor the sixteen fallen law en- sion. From 2008 to 2009, U.S. exports to Afri- duces items that fit that description. There is ca dropped 45 percent from $78.3 billion to forcement officers who lived or served in little reason why this company and other U.S. Prince William County, Virginia, between 1922 $42.8 billion. producers can’t follow suit and meet the needs According to statistics released by the U.S. and 2012. I commend the Prince William Unilever says are now unmet. Census Bureau, African exports to the United County Citizen Police Academy Alumni Asso- States since AGOA took effect in 2001 in- We will hear today from four witnesses with ciation (PWCCPAAA) for their memorial and creased from $25.4 billion to $66.9 billion in expertise on the opportunities and challenges tribute service for these fallen heroes. 2012—an increase of more than 262 percent. faced by U.S. companies in trade with coun- The PWCCPAAA was founded in 1993 By far, petroleum exports from Africa led the tries in Africa. We expect to learn why U.S. under the leadership of former Police Chief way with more than $28.6 billion in 2012. exports to Africa have not kept pace with U.S. Charlie Deane. The Association hosts a Na- Meanwhile, Census Bureau statistics showed imports from Africa and find out what Con- tional Police Week and facilitates citizen train- that U.S. exports to Africa increased from gress can do to better balance U.S.-Africa ing programs to promote interaction between $12.1 billion in 2001 to $32.8 billion in 2012— trade. the Police Department and county residents. an increase of 271 percent. Consequently, I would like to join the PWCCPAAA in me- while U.S. exports to Africa showed a robust f morializing the law enforcement officers who increase since the inception of AGOA, the lost their lives protecting the public from harm 100TH ANNIVERSARY OF TROOP U.S. trade deficit with Africa increased from and danger. It is my honor to enter into the ONE OF BRIDGETON $13.3 billion in 2001 to more than $34 billion CONGRESSIONAL RECORD the names of the fall- last year. en law enforcement officer who lived or served The five most popular import sectors for Af- HON. FRANK A. LoBIONDO in Prince William County between 1922 and rican countries are: machinery and equipment, 2012: OF NEW JERSEY chemicals, petroleum products (including lubri- Justice of the Peace Thomas Semms Mere- cating oils, plastics and synthetics fibers), sci- IN THE HOUSE OF REPRESENTATIVES dith; July 22, 1922; Prince William County entific instruments and food products. That Wednesday, May 8, 2013 Circuit Court, Virginia. means that small and medium companies Trooper Jackie M. Bussard; May 5, 1970; across the United States have commercial op- Mr. LOBIONDO. Mr. Speaker, today I extend Virginia State Police. portunities available in exporting goods and my personal congratulations and the recogni- Officer Paul T. White Jr.; October 27, 1973; services to African countries. The African De- tion of the U.S. House of Representatives to Prince William County Police. velopment Bank estimates that one out of Troop One of Bridgeton, NJ, which is cele- Investigator Claude Everett Seymour; three Africans is considered to be in the mid- brating its centennial anniversary as a char- April 25, 1975; Virginia State Police. dle class—that’s nearly 314 million Africans tered member of the Boy Scouts of America. Trooper Johnny R. Bowman; August 19, Organized by Percy W. Owen in February 1984; Virginia State Police. who have escaped poverty and can now buy Sergeant John D. Conner, III; July 24, 1988; consumer goods, including those from the 1913, Troop One has been honored by the Manassas City Police. United States. national headquarters as one of the country’s Officer Philip M. Pennington; November 22, In the supermarkets and department stores oldest troops with continuous service. It is the 1990; Prince William County Police. that have sprung up across Africa in recent oldest charter in South Jersey with a roster of Trooper Jose M. Cavazos; February 24, 1993; years, there are some American products al- former scout masters and scouts exceeding Virginia State Police. ready on the shelves, but there is space for one thousand. Special Agent William H. Christian, Jr.; more contributions from U.S. producers. Com- Individual skills and societal benefits of May 29, 1995; Federal Bureau of Investiga- panies such as Proctor and Gamble have long scouting are well-known, with countless youth tion. Detective John M. Gibson; July 24, 1998; realized the potential of African markets. Two across the country becoming better citizens years ago, Wal-Mart, the world’s largest retail United States Capitol Police. due to their experience. Leadership, ingenuity, Officer Marlon F. Morales; June 13, 2001; outlet, purchased South Africa’s Massmart and integrity, compassion and cooperation are in- Washington D.C. Metropolitan Transit Po- its 288 stores in 14 African countries. valuable life skills that each scout is encour- lice. The Economist magazine created a signifi- aged to learn and bring forward into their lives. Second Lt. Francis Joseph Stecco; October cant buzz within the U.S.-Africa trade commu- Troop One, however, has always gone above 25, 2008; Fairfax County Police. nity two years ago when it announced that six and beyond those standard goals. Special Agent Chad L. Michael; October 26, of the world’s 10 fastest growing economies in In addition to traditional activities, Troop 2009; Drug Enforcement Administration. the first decade of this century were in Africa: Special Agent Forrest N. Leamon; October One has long instilled a dedication to public Angola, Chad, Ethiopia, Mozambique, Nigeria 26, 2009; Drug Enforcement Administration. service in their ranks. Throughout the past and Rwanda. In the following five years, The Officer Paul Michael Dittamo; October 30, century, that dedication has been exemplified Economist projected that seven of the top 10 2010; Washington D.C. Metropolitan Police in Troop One’s commitment to the greater fasted growing global economies would be Af- Department. rican: the Democratic Republic of the Congo, Bridgeton community and the success of past Officer Chris Yung; December 31, 2012; Prince William County Police. Ethiopia, Ghana, Mozambique, Nigeria, Tan- scouts in their adult lives. From military offi- zania and Zambia. cers and educators to medical professionals Mr. Speaker, I ask my colleagues to join me Whether or not you agree with the popular and business leaders, the critical life skills of in honoring these sixteen fallen law enforce- slogan—Africa Is Rising—markets on the con- such distinguished members in our nation can ment officers. I extend my personal apprecia- tinent are attracting foreign trade and invest- be traced back to their time at Troop One. tion to the Prince William County Citizens Po- ment in increasing amounts. It is not only I join with the greater Bridgeton community lice Academy Alumni Association for their con- China that has its sights set on African mar- and Boy Scouts across the country in con- tinued dedication to strengthening the relation- kets. Countries as diverse as India, Japan, gratulating Troop One for an outstanding one ship between the Police Department and Brazil and Turkey all see the potential of sell- hundred years. As your impressive past is county residents. With this tribute, we honor ing their products in Africa. well-documented, it is your contributions today the memories and lives of the officers and the The Anglo-Dutch consumer goods giant and to the youth of the future that reinforce sacrifices made by them and their families to Unilever has long considered Africa a lucrative your legacy. keep our community safe.

VerDate Mar 15 2010 05:02 May 09, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\K08MY8.009 E08MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS E618 CONGRESSIONAL RECORD — Extensions of Remarks May 8, 2013 HONORING JOHN AND GWEN Emma and Antoine Dugas moved from the RECOGNIZING NATIONAL MPS SLOOP Atchafalaya Basin area to Lake Dauterive, Ibe- AWARENESS DAY ria Parish, in 1927 following the great floods HON. C. A. DUTCH RUPPERSBERGER that predated our Louisiana levee system. At HON. KENNY MARCHANT OF MARYLAND the advent of the war, due to the rural, iso- OF TEXAS IN THE HOUSE OF REPRESENTATIVES lated location of their home, the family was IN THE HOUSE OF REPRESENTATIVES Wednesday, May 8, 2013 approached by the U.S. Army Air Force to Wednesday, May 8, 2013 Mr. RUPPERSBERGER. Mr. Speaker, I rise serve as aircraft spotters. This required study- Mr. MARCHANT. Mr. Speaker, I would like before you today to honor Dr. John and Mrs. ing and memorizing various types of aircraft to recognize the National MPS Society for Gwen Sloop on the occasion of their retire- by sight, filling out reports of their surveillance their 38 years of supporting families while ment after 27 years of devoted service to First and calling in any observations of aircraft they searching for cures for this genetic disease. Presbyterian Church. might spot in the skies. The family faithfully Mucopolysaccharidosis or MPS is a group of As senior pastor of First Presbyterian carried out this duty from June 24, 1943 until genetically determined lysosomal storage dis- Church of Harrisonburg, Virginia, Dr. Sloop is the war’s end in 1945. eases that render the human body incapable a true spiritual leader dedicated to his flock. A Until now, Antoine and Emma Dugas, and of producing certain enzymes needed to break powerful preacher, he is a man ‘‘on fire’’ for down complex carbohydrates. The damage their children, Claude ‘‘Nook’’ Dugas, Mabel Jesus. He has been a champion for global caused by MPS on a cellular level adversely missions and has lead dozens of others to fol- ‘‘Pie’’ Broussard, Melba ‘‘Eunice’’ Dugas affects the body and damages the heart, res- low him into the missionary field. He has been Verret, Antoine ‘‘Tan’’ Dugas, Jr., and John piratory system, bones, internal organs, and actively involved in Presbyterians for Renewal, Gabriel ‘‘Creed’’ Dugas, have received no spe- central nervous system. MPS often results in the Presbyterian Coalition, the Confessing cial recognition for their service. Today I would intellectual disabilities, short stature, corneal Church movement and has served on the like to take the opportunity to recognize and damage, joint stiffness, loss of mobility, board of the Presbyterian Outreach Founda- thank these citizens for their service and hold speech and hearing impairment, heart dis- tion. them up as an example of sacrifice and dedi- ease, hyperactivity, chronic respiratory prob- Mrs. Sloop has earned a reputation for her cation in service of our country. lems, and, most importantly, a drastically selflessness and kindness, routinely dem- This month, on May 19, 2013, the Dugas shortened life span. Symptoms of MPS are onstrated by her outstanding work with chil- usually not apparent at birth and without treat- family will come together at Lake Fausse dren. Along with her husband, she attended ment; the life expectancy of an individual af- Pointe State Park—significant due to its ap- Gordon-Conwell Seminary in Boston before fected begins to decrease at a very early transferring to Columbia Seminary in Atlanta, proximate location as a midpoint between the stage in their life. Research towards com- graduating in 1973. For 13 years they served Bayou Chene area where the family lived in bating MPS has resulted in the development the growing congregation of the Lithonia Pres- the basin, and the Lake Dauterive area where of limited treatments for some of the MPS dis- byterian Church in the suburbs of Atlanta. the family moved to build their first home on eases. The Sloops are passionate about seeing the land. As they remember their family history, I ask my colleagues and their staff to join Presbyterian Church renewed and growing we thank them for their service and commend me in recognizing May 15, 2013 as National again. Under their stewardship, First Pres- them on a job well done. MPS Awareness Day. This is an important byterian has grown to more than 1,100 mem- time during which the MPS disease commu- bers and more than 500 attendees for Sunday f nity will help increase the awareness of this services since they were called there in 1986. devastating disease, as well as supporting re- They are loving parents to three children and DISCOVERY SCIENCE CENTER, search to improve treatments, find cures and devoted grandparents to five grandchildren. SANTA ANA, CALIFORNIA 2013 receive early diagnosis. The MPS families are I have had the privilege of attending First NATIONAL MEDAL FOR MUSEUM encouraged to reflect and support each other Presbyterian Church under the direction of Dr. AND LIBRARY SERVICE and to reach out to those families who have and Mrs. Sloop. I know them to be dearly be- lost loved ones to MPS. By wearing their pur- loved by the entire congregation. Though they ple ribbons and sharing these ribbons within will be truly missed, we know they will con- HON. LORETTA SANCHEZ their community, they are increasing public tinue to inspire many more followers, just as awareness about this disease. This date is OF CALIFORNIA they have inspired my family and me. also the start of the National MPS Run/Walk Mr. Speaker, I ask that you join with me IN THE HOUSE OF REPRESENTATIVES season along with other local community ac- today to recognize Dr. and Mrs. Sloop. Their tivities to raise awareness along with money generosity and commitment to leaving this Wednesday, May 8, 2013 for research and for family assistance pro- world better than they found it is an inspiration Ms. LORETTA SANCHEZ of California. Mr. grams. I commend the National MPS Society to us all and deserving of the utmost gratitude. Speaker, today, the Discovery Science Center and their many volunteers for an unwavering It is with great pride that I congratulate them in Santa Ana, California will be presented with commitment to bring about awareness of this on their retirement and wish them continued disease and to continue to advocate for fed- the 2013 National Medal for Museum and Li- success and happiness in the next chapter of eral legislation to streamline the regulatory their lives together. brary Service by the Institute of Museum and processes and to speed effective treatments Library Services. f and cures for their loved ones. More must be In recognition of their outstanding public done to find cures and effective treatments, HONORING THE DUGAS FAMILY OF service and dedicated community outreach to but let us reflect on the importance of this day. IBERIA PARISH FOR THEIR I ask that all of my colleagues join me in com- SERVICE DURING WORLD WAR II the families, schools and residents of Orange County, the Discovery Science Center will be memorating National MPS Awareness Day. given one of our nation’s highest honors in the f HON. CHARLES W. BOUSTANY, JR. area of arts and humanities. OF LOUISIANA INTRODUCTION OF THE VETERANS IN THE HOUSE OF REPRESENTATIVES The Discovery Science Center exemplifies HOME LOAN REFINANCE OPPOR- the innovative ways in which a museum can TUNITY ACT OF 2013 Wednesday, May 8, 2013 strengthen our communities and foster the Mr. BOUSTANY. Mr. Speaker, I rise today creative and educational integrity in our youth. HON. SUSAN A. DAVIS to commemorate the service of the Antoine The humanities are an important part of our OF CALIFORNIA and Emma Dugas Family, who selflessly national fabric and institutions like the Dis- IN THE HOUSE OF REPRESENTATIVES served as aircraft spotters during World War II covery Science Center are inspiring, educating in Iberia Parish, Louisiana. Their dedication to Wednesday, May 8, 2013 and leading our nation’s future. country, spending countless hours watching Mrs. DAVIS of California. Mr. Speaker, I rise the skies of our Gulf Coast as a first line of Congratulations Discovery Science Center today to introduce the Veterans Home Loan defense against an aerial assault, deserves and thank you for making Orange County Refinance Opportunity Act of 2013. This bipar- our thanks and recognition. proud. tisan legislation improves the federal Qualified

VerDate Mar 15 2010 05:02 May 09, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MY8.001 E08MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS May 8, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E619 Veterans Mortgage Bonds (QVMB) program to bring the individuals responsible for these un- the NAACP Julian Bond’s extraordinary pres- allow eligible States to use tax-free bond pro- speakable acts to justice. entation of how African Americans influenced ceeds to refinance the home mortgages of our It is also important to recognize that many and shaped musical history from around World military veterans. federal employees who are not directly in War II to the days of Elvis Presley and be- This legislation is necessary during our trou- harm’s way graciously serve our Nation. yond. bled economic times. QVMB home loan fi- Nurses and doctors at the VA who care for Through the story of music, he told the story nancing was not available to newly discharged our veterans and wounded warriors, medical of the civil rights movement—how music pop- veterans returning home from Iraq and Af- researchers at NIH searching for a cure for ular among Americans emerged from the com- ghanistan until passage of the Heroes Earning cancer, diabetes, Alzheimer’s, and autism are positions well-known among African Ameri- Assistance Relief Tax Act of 2008 (H.R. 6081) all federal employees. The FDA inspectors cans; how the attraction of American teen- in the 110th Congress. who trace E. coli and salmonella outbreaks to agers in the 1950s to traditionally African- Prior to 2008, some veterans may have ensure that our food is safe to eat are federal American styles helped advance the move- taken out adjustable-rate mortgages (ARM) to employees. ment and break down barriers among races. purchase a home during the real estate boom There are federal employees who propel our What a fitting tribute to Mike and Corky earlier in the decade. It is only fair to them country to the forefront of scientific advance- Stoller, whose music made them famous and that they have the same opportunity as newly ments. Scientists at Department of Energy whose compassion made them special. When discharged veterans to take advantage of the labs, NASA astronauts, engineers and sci- Mike joined Jerry Leiber to write ‘‘Hound Dog,’’ low-interest, fixed rate mortgages available entists all work to keep America competitive in ‘‘Jailhouse Rock,’’ and countless other hits, he through QVMB financing. the increasingly global economy. Meteorolo- was helping sow the seeds of an effort that For some veterans with a costly ARM or in- gists at weather service storm centers track would connect communities through music, terest-only mortgage, this legislation could pre- hurricanes, tornadoes, tsunamis, and blizzards that would transform American culture, and vent a foreclosure. so that we can prepare for inclement weather that would grow with Mike and Corky’s leader- Finally, Mr. Speaker, this legislation includes and natural disasters. ship for the cause of justice. an inflation index to ensure the QVMB pro- Defense civilian riggers, machinists, re- Now, Mike and Corky’s names will remain gram remains viable in the future. fuelers, and engineers who repair sophisti- inscribed on the Civil Rights Memorial Theater I urge passage of the Veterans Home Loan cated electronic weaponry systems at our in Montgomery. Their legacy will be inter- Refinance Opportunity Act. Army depots, Air Force bases, and shipyards twined with the names of the men, women, f are the federal employees who support our and children remembered at the memorial, military personnel. Air traffic controllers work who gave their lives in the cause of freedom. CELEBRATING PUBLIC SERVICE to make sure we are safe when we travel. Their theater will stand tall alongside the Wall RECOGNITION WEEK Federal firefighters protect homes and busi- of Tolerance and the wheel of water that re- nesses when a lightning strike sets a national minds us of the biblical charge to ‘‘let justice HON. FRANK R. WOLF forest on fire. Park Service rangers facilitate roll down like waters, righteousness like a OF VIRGINIA safe hiking and camping in our national parks mighty stream.’’ IN THE HOUSE OF REPRESENTATIVES and tours of our national battlefields. At this theater and across the country, may These are but a few of the essential serv- Wednesday, May 8, 2013 all Americans associate the names of Mike ices federal employees provide. I hope my col- Stoller and Corky Hale Stoller with their con- Mr. WOLF. Mr. Speaker, I rise today to rec- leagues will join me in thanking them for their tributions to music and their leadership for civil ognize our Nation’s public servants and thank service to ensure the safety and security of rights. them for their invaluable contributions to our our Nation. f country. f In every community, federal employees TRIBUTE TO MR. ARTURO work to make sure the government is effec- MIKE AND CORKY HALE STOLLER ALBERTO DIAZ, SENIOR OWNER’S tive, promote the common good and keep us CIVIL RIGHTS MEMORIAL THE- REPRESENTATIVE FOR NEW safe. They are the people you call when you ATER CONSTRUCTION, MILITARY SEA- need help. As we celebrate Public Service LIFT COMMAND Recognition Week, which started on Sunday, HON. NANCY PELOSI May 5, and ends on Saturday, May 11, I rise OF CALIFORNIA HON. SCOTT H. PETERS IN THE HOUSE OF REPRESENTATIVES to express my gratitude to our civil servants OF CALIFORNIA for their tireless dedication and service. Wednesday, May 8, 2013 IN THE HOUSE OF REPRESENTATIVES Federal employees often get little recogni- Ms. PELOSI. Mr. Speaker, on April 27th, in Wednesday, May 8, 2013 tion for their work, despite the fact that day in Montgomery, Alabama, leaders of the civil and day out many of them are repeatedly put rights movement and the Southern Poverty Mr. PETERS of California. Mr. Speaker, I in dangerous situations. From the Customs Law Center came together to dedicate the rise today to recognize the extraordinary con- and Border Patrol and DEA agents working to Mike Stoller and Corky Hale Stoller Civil tributions of Mr. Arturo Alberto Diaz, a public combat illegal immigration and human traf- Rights Memorial Theater. servant of the highest caliber who dedicated ficking and drug runners, to the FBI agents It is appropriate that the theater is named his entire life to the service of our nation. Over rescuing children who have been kidnapped for Mike and Corky because of their ongoing a career that exceeded three decades, Mr. and finding suspected terrorists—federal em- commitment to the civil rights movement. The Diaz selflessly served the United States Navy ployees perform vital jobs that make our coun- Stollers are two of kind—in music, in activism, shipbuilding and maritime industry, contrib- try a safer and better place. in their generosity of spirit. uting directly to the delivery of over 40 ships Every day intelligence agents and Foreign Since the day Corky came to Mike’s studio to the nation’s maritime forces. Mr. Diaz Service officers on the front lines of duty sac- to record demos as a musician, they have passed away on December 24, 2012, but he rifice to defend democracy and keep us safe. been partners in every sense of the word: has left behind a long and lasting legacy to The CIA agents who coordinated the raid to fighting together for liberty and justice for all, our nation—both through his unparalleled kill Osama bin Laden are federal employees. for the basic dignity of every human being. technical contributions to the strength and On the evening of the September 11, 2012 Mike and Corky’s values run deep. They are flexibility of our Navy’s surface fleet and terrorist attack on the U.S. mission in tireless in their work. They are idealistic and through the generation of professionals that he Benghazi, Libya, the Foreign Service officers compassionate, dedicated and determined. has mentored throughout his time in federal representing our government at the consulate They know what they believe and recognize service. Today, it is my great honor to recog- and annex where the attack occurred were what’s needed to follow through and get the nize his achievements and thank his wife and federal employees. job done. Thanks to their boundless energy, family for his service. In addition to providing security abroad, fed- their beautiful relationship with one another, Mr. Diaz’s pursuit of a life of public service eral employees regularly risk their lives to pro- and their friendship with so many others, they began in 1972 at the Admiral Farragut Acad- tect us here at home. Just last month, FBI and have made a difference in advancing the emy in New Jersey, where he spent three ATF agents worked diligently to track down cause of civil rights. years and ultimately achieved the Battalion the suspects in the Boston Marathon bomb- At the opening of the theater dedicated in Executive Officer position his senior year. ings. Without their hard work, we could not their names, we heard Chairman Emeritus of Upon graduation, he entered the United States

VerDate Mar 15 2010 05:02 May 09, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MY8.005 E08MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS E620 CONGRESSIONAL RECORD — Extensions of Remarks May 8, 2013 Merchant Marine Academy at Kings Point, that he held for their efforts. His unique ability Isabella Ingles has kept very busy in the New York, receiving a Bachelor of Science de- to recognize talent and to foster respect and years since. Settling in Des Plaines, Illinois, gree in Marine Engineering in 1979 and a camaraderie throughout the workforce has had Isabella and Roy had two boys and two girls. Third Assistant Engineer License from the an enormous influence on everyone he met Following in their parents’ footsteps, both of U.S. Coast Guard. While attending the United and will continue to steer the course of our her sons went on to serve, joining the United States Merchant Marine Academy, he further Navy well into the future. One of his most States Air Force. After raising her children, achieved the rank and position of Regimental memorable quotes is ‘‘Friends build ships.’’ Isabella became a Certified Occupational Executive Officer his senior year. He served Mr. Diaz recognized both the arm’s length na- Therapy Assistant, and worked with senior citi- with distinction as a U.S. Coast Guard officer ture of government and industry negotiations zens in her local community as the Activities from 1979 to 1984 before joining the federal as well as the necessity for teamwork. During Director for a local assisted living facility. civil service, where he went to work for the a challenging time in the completion of the Since then, she has continued to contribute. Navy as a civilian Construction Representative lead ship of the Navy’s new Joint High Speed Isabella is a long time volunteer all over our for the Military Sealift Command (MSC). Mr. Vessel (JHSV), Mr. Diaz provided a compila- community: helping with the Des Plaines Self Diaz rose through the chain of command to tion of ‘‘22 Attributes of a Good Team’’ to help Help Closet & Pantry, visiting the local Vet- become the MSC Senior Owner’s Representa- bring the team together. The soundness of his erans Administration hospital and volunteering tive for New Construction. During his tenure, observations regarding teams is clearly re- for over six decades with the Women’s Serv- he became widely known as an unparalleled flected in the teamwork that exists in the ship- ice League. expert in his field, working tirelessly to ensure building community today, as well as through On behalf of myself and a grateful nation, I that the operator’s needs were integrated the scores of young engineers who are now want to thank Isabella Catherine Ingles for all throughout the ship design and construction carrying forth his legacy into the next genera- that she has done for our nation: for her serv- process. tion of ships for the Navy. ice, her sacrifices, and for all the contributions Mr. Diaz had a long and distinguished ca- Mr. Diaz’s tireless leadership and lifelong she has made to our community. I want to reer of innovative thinking and aggressive exe- commitment to Navy shipbuilding new con- welcome her, and all the other veterans par- cution of shipbuilding programs across the en- struction and conversion have earned him the ticipating in the ‘‘Honor Flights’’ to Wash- tire spectrum of military sealift new construc- deep respect of his peers and shipmates ington, DC to visit the World War II Memorial. tion and conversion. A man of uncommon throughout the Military Sealift Command, Navy f character and boundless passion, he was acquisition, and commercial shipbuilding com- highly respected throughout the naval ship- munity. His was a life of courage and con- CONGRATULATING DANIEL building and ship operations community as a sequence—a life devoted to the security of our MCCAULEY, M.D. visionary leader, team builder, and technical nation. Mr. Diaz touched the lives of all who problem solver. Since joining federal service in knew him, and it is my great honor to recog- HON. JEFF DENHAM 1984, he held a variety of technical and key nize him posthumously for his service. I know OF CALIFORNIA leadership roles throughout his professional my colleagues join me in thanking his wife, IN THE HOUSE OF REPRESENTATIVES career. He also provided strong technical con- Lisa, for sharing him with us these many years Wednesday, May 8, 2013 sultation to groups such as the National Ship- and wish her fair winds and following seas. building Research Program and the Marine Mr. DENHAM. Mr. Speaker, I rise today to f Engineering and Shipyard Management Pro- recognize and congratulate Daniel McCauley, gram, where he worked tirelessly with his RECOGNIZING THE CONTRIBU- M.D. who was named as the recipient of the peers throughout government and industry TIONS OF ISABELLA CATHERINE 2013 John Darroch Memorial Award for Physi- across the globe to promote the open inter- INGLES cian of the Year by The Stanislaus Medical change of ideas and information and con- Society. He will be honored during a cere- stantly improve shipbuilding and conversion HON. JANICE D. SCHAKOWSKY mony in Modesto, California on May 9, 2013. processes and technology. When technical as- Dr. McCauley was born and raised in North- OF ILLINOIS ern Ireland. He dreamed of joining the Mer- sistance was required on both U.S. Navy and IN THE HOUSE OF REPRESENTATIVES Military Sealift Command ships, the Navy chant Marines but unable to pursue that ca- often called upon Mr. Diaz for his support. The Wednesday, May 8, 2013 reer choice, he turned to medicine. He ob- expert technical leadership and ship design, Ms. SCHAKOWSKY. Mr. Speaker, I rise tained his medical degree at the University construction, and ship operational knowledge today to recognize the enormous contributions College in Dublin, Ireland in 1968. He contin- that he shared throughout his career contrib- of a true American patriot: Isabella Catherine ued his education with residencies at Ham- uted to hundreds of millions of dollars in tax- Ingles (nee Hankel). Isabella has done a lot mersmith Hospital and Kingston Hospital lo- payers’ savings in ship acquisition and annual with her life: she is a wife, a mother, a grand- cated in England and also, Boston City Hos- operation costs over the life of the forty ships mother, a World War II veteran, and so much pital in Boston, Massachusetts. For the last thirty years, Dr. McCauley has that he was responsible for delivering to the more. She is a great example of what we call practiced in Turlock. He is known for being Navy’s Military Sealift Command. Beyond the the ‘‘greatest generation.’’ well trained, cooperative, dedicated, and hav- shipbuilding programs with which he was ac- Isabella was born in Chicago, Illinois, in ing moral character with excellent clinical judg- tively involved and which serve as tangible 1921, and graduated from Senn High School. ment. Dr. McCauley gives selflessly by pro- evidence of his commitment and technical A few short years afterwards, the United viding indigent care throughout the Valley. acumen, perhaps his most lasting and pro- States was attacked at Pearl Harbor and en- During his free time, Dr. McCauley is an found legacy will be the development he fos- tered into World War II. Isabella felt the need avid reader and gardener. Dr. McCauley and tered and advocated in emerging leaders in to contribute to the war effort, and enlisted in his colleague enjoy sailing on the San Fran- naval shipbuilding. He left a lasting impression the United States Navy in early 1944. After cisco Bay. basic training, she attended the Control Tower on countless young professionals who will ex- Mr. Speaker, please join me in praising Dr. Operator School, and graduated second in her emplify his leadership principles throughout Daniel McCauley for his significant contribu- class. Isabella was stationed in the Pacific their promising careers. Simply put, he tions to the medical field and to the people of Northwest, and spent the next two years work- brought out the best in them and cultivated a Stanislaus County. love of the trade. Throughout his distinguished ing in the control tower at Naval Air Station federal service career, he has been honored Pasco, in Washington State. While stationed f with numerous awards for his exceptional here, Isabella met her future husband, Roy HONORING THE 2013 INDUCTEES OF service, including Superior and Meritorious Ci- Ingles, who was at the time serving as an THE MAINE FRANCO-AMERICAN vilian Service Medals, Navy Unit Commenda- Aviation Chief Machinist Mate, and had sur- HALL OF FAME tion, and other prominent citations. vived the sinking of the USS Lexington during Mr. Diaz’s contributions to our nation extend the Battle of the Coral Sea. HON. MICHAEL H. MICHAUD far beyond his material achievements and Isabella left the Navy in 1946, having OF MAINE specific accomplishments. He was an inspira- achieved the rank of Specialist (Control Tower IN THE HOUSE OF REPRESENTATIVES tion to all who served with him, government Operator) First Class, and returned to her and industry alike, ensuring that all members home in Chicago. Roy soon followed and the Wednesday, May 8, 2013 of his team were keenly aware of their impor- two were married on her birthday the next Mr. MICHAUD. Mr. Speaker, I rise today to tance to the Navy and the true appreciation year. recognize the four outstanding individuals

VerDate Mar 15 2010 05:02 May 09, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MY8.008 E08MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS May 8, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E621 being inducted into the Maine Franco-Amer- vocate to three Presidents and six Secretaries testimony and counsel to Congress and the ican Hall of Fame this year. Father Jacques of State, America might not have understood Executive Branch, Mark published in 2003 his LaPointe of Madawaska, Dr. Lisa Marrache´ of how the promotion of human rights, democ- groundbreaking Breaking the Real Axis of Evil: Waterville, Cindy Larouck of Lewiston, and racy and American values strategically tracks How to Oust the World’s Last Dictators by Judge Michael Cantara of Biddeford are rep- with the promotion of American national secu- 2025. In it, he argued for a revamping of U.S. resentative of the enduring strength and influ- rity interests. foreign policy to make worldwide promotion of ence of Maine’s French heritage. There are many examples of how history democracy a primary goal. Legislation based This year’s inductees join the ranks of was made by the man once described by The on the book was sponsored by Senator JOHN Maine’s finest Franco-American leaders. Each New York Times ‘‘as the most active Western MCCAIN and my late colleague and fellow of these honorees have made enormous con- booster for economic and political liberaliza- Palmer admirer Tom Lantos, and was signed tributions to the preservation and advance- tion’’ of Communist dictatorships. They are ex- into law by President George W. Bush on Au- ment of our state’s unique history and culture. amples of why, at the celebration of the 20th gust 3, 2007. Entitled ‘‘ADVANCE Democracy Father Jacques LaPointe is a key member anniversary of Hungary’s liberation from com- Act of 2007’’, it was described by a scholar at of the greater Madawaska community and a munist dictatorship, Mark was awarded a the Carnegie Endowment for International respected author on the history of the St. John Commander’s Cross of Hungary’s Order of Peace as ‘‘. . . the most important bill . . . on Valley. Merit because, as ‘‘the right man at the right democracy promotion since the 1983 initiative Lisa Marrache´ is an accomplished physician time at the right place . . . he rose to the oc- to establish the National Endowment for De- and legislator who has long worked to pre- casion [of] shepherding democratic opposition mocracy . . .’’ serve French culture in Maine, including as a . . . through . . . turbulent times by giving [it] Mark’s business career was as successful founder of the Franco-American Heritage Soci- legitimacy.’’ They are reasons why Mark re- as his diplomatic career and was often fo- ety of the Kennebec Valley. ceived three Presidential Awards and two Su- cused on the same objectives. Knowing the Cindy Larouck is well-known across her perior Honor Awards from the Department of critical value of free and unmonitored informa- hometown of Lewiston and the state of Maine State during a 26 year career as a Foreign tion in dictatorial and post-dictatorial countries, for her efforts to share and revive her love of Service officer. he founded Central European Media Enter- A great moment in Mark Palmer’s career— traditional Franco-American dance and music. prises Ltd. which, with local partners, estab- and proof of how his ideas have shaped Michael Cantara is a highly regarded public lished, owned and operated the first politically events—was his role while in the Foreign servant, having previously served as Mayor of independent national television stations in the Service as co-drafter of President Ronald his hometown of Biddeford, York County Dis- Czech Republic, Slovakia, Slovenia, Romania, Reagan’s great 1982 Westminster Hall ‘‘De- Ukraine and Poland. He was a co-founder of trict Attorney, Maine Public Safety Commis- mocracy Crusade’’ speech on democracy and Television Development Partners and Signal sioner, and now as a District Court Judge. He human rights. The speech, whose every word One Media Corporation—ventures for the es- has long been an unyielding force for the had to be fought through a resistant bureauc- tablishment of independent, commercial sat- preservation of Maine’s Franco-American her- racy, was a critical step in moving the United ellite TV channels in the Middle East. He itage. States from a policy of accepting and con- chaired the advisory board of New Tang Dy- The Franco-American Hall of Fame will also taining communism to what became the suc- posthumously honor five Mainers for their out- cessful policy of peacefully challenging it. nasty Television, and strongly backed the standing contributions to the State of Maine: Thanks to Mark, the speech also led to the es- launch of the first uncensored satellite TV Leon Albert Guimond, Adolphe and Napoleon tablishment of the National Endowment for broadcasts into China. In what may prove as great a contribution to Gingras, Louis Phillipe Gagne, and Camille Democracy—which he had proposed and later 21st century world freedom as those Mark Bolduc. served as a key board member. Mr. Speaker, please join me in honoring After his Foreign Service career, Mark made during the 20th century, he led the effort these outstanding individuals as they are per- served for nearly twenty years as Vice Chair to establish a robust U.S. initiative to over- manently and fittingly recognized for their tre- of Freedom House, one of America’s primary come the Internet firewalls of China, Iran and mendous contributions to the state of Maine human rights organizations. He was honorary other closed society regimes. Mark knew what and Franco-American culture. chair and co-founder of the International Man- the world’s dictators know—that Internet fire- f agement Center in Budapest, Hungary and walls are present day equivalents of the brick and barbed wire walls he helped bring down TRIBUTE TO MARK PALMER served on the boards of the Johns Hopkins School of Advanced International Studies, the in the 20th century. He knew what China’s Georgetown University Institute for the Study former Premier Hu Jintao has openly acknowl- HON. FRANK R. WOLF of Diplomacy, the Budapest International Cen- edged—that the ability of closed society re- OF VIRGINIA tre for Democratic Transition, the American gimes to ‘‘purify’’ the Internet is critical to their IN THE HOUSE OF REPRESENTATIVES Academy of Diplomacy, the Association for ability to remain in power. Thus, when millions of house church Christians freely and safely Wednesday, May 8, 2013 Diplomatic Studies and Training, the University of the District of Columbia, the Friends of conduct worship services over their mobile Mr. WOLF. Mr. Speaker, there are some Falun Gong, and the Secretary of State’s Ad- phones in China, and when hundreds of thou- who argue that the world’s destinies are visory Committee on Democracy Promotion. sands of Iranians in and out of the country shaped by impersonal forces rather than by Mark was the brains and inspiration behind conduct interactive town meetings—as I be- the courage and determination of individual another great institution whose positive impact lieve will soon occur—this development will be men and women. will grow over the years. He helped to estab- a tribute to the vision that Mark inspired many I believe that historians of that persuasion lish the Community of Democracies, a global of us to share during the latter part of his pro- never met my friend, and freedom’s friend, assembly of democratic governments that now ductive life. Mark Palmer. I rise to celebrate the life of Am- meets annually in support of democracy and Mark came early to his activism in the bassador Mark Palmer, who died recently after human rights and to deepen the bonds be- cause of human rights, participating during the a characteristically brave and uncomplaining tween democratic governments. Mark served early 1960s in Freedom Bus rides and other twenty year battle against melanoma. as Vice Chair of the Community’s permanent civil rights demonstrations while a student at But for Mark’s controversial determination operating body, its Council. As but one exam- Yale University, from which he graduated while U.S. ambassador to Hungary that the ple of the Council’s work and Mark’s efforts on magna cum laude and Phi Beta Kappa. Tak- barbed wire fences between Hungary and its behalf, he initiated and helped write in- ing similar action, Mark regularly sought out Austria should be severed in order to allow creasingly influential training handbooks that and met with dissidents in Moscow and Bel- East Germans to leave the Communist orbit, guide U.S. diplomats and military officers to grade early in his career as a junior Foreign the Berlin Wall might still be standing. But for assist democratic promotion and transition. In Service Officer. As a private citizen, he re- his brave willingness to openly challenge Hun- Mark’s honor, the Council established Palmer turned to Belgrade in 1996 to march with stu- gary’s Communist government when conven- Prizes for contributions by diplomats to the ad- dents against the criminal regime of then Ser- tional thinkers at the State Department and vancement of democracy that were first bian President Slobodan Milosevic. elsewhere were worried about the ‘‘desta- awarded in 2011 to diplomats from seven Patriotism is said to be an honorable com- bilizing’’ effects of a Communist collapse, the countries for pro-human rights efforts in such petition with one’s ancestors, and Mark had Soviet Empire might still be in power. But for nations as Belarus, Cuba and Zimbabwe. many models that helped make him the man Mark’s years of incomparably influential serv- A frequent author of policy and advocacy he became. He was born on July 14, 1941 in ice as a speechwriter and pro-democracy ad- pieces to leading media outlets, and of expert Ann Arbor, Michigan to the late Captain Robie

VerDate Mar 15 2010 05:02 May 09, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MY8.011 E08MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS E622 CONGRESSIONAL RECORD — Extensions of Remarks May 8, 2013 Ellis Palmer, USN and the late Katherine respect Mr. Edwards through the Aspen-Rodel tion and slavery practices of the South. From Hooker Palmer. His mother was the grand- program. 1813 to 1856, the black community of Omaha daughter of Civil War Colonel George W. Mr. Edwards’ impressive resume does not worshipped with the white community although Hooker, an Antietam Medal of Honor winner of fully encompass the accomplishments of this only a select number of blacks were allowed the 4th Vermont Volunteers who was later ap- extraordinary man. He continues to fight for to attend church, including the overseer, the pointed Assistant Adjutant General of Union cooperation between parties and for placing maids and the cooks. They had to sit in the Army Volunteers by President Lincoln. Not national interest ahead of political gain, en- back of the church and were not allowed to long after Mr. Palmer’s birth, his father left to couraging and educating young Americans on participate. As time passed, more members of take command of the submarine USS Pollack, the benefits of civil discourse and com- the black community were allowed to attend which operated in the Pacific theater and promise. A man worthy of professional acco- the worship service but remained unsatisfied served in several dangerous missions in Japa- lades and personal respect, Mr. Edwards is with the arrangement of services being held at nese waters. truly committed to his family, his community Summer Hill Baptist Church, as it was known America—and the world—will miss Mark. and his country. His is an example we should then. But as my colleagues on both sides of the all strive to emulate. I am privileged to call him After the Emancipation Proclamation was aisle know—Mark’s legacy will be with us for a friend and salute him for this tremendous signed in 1865, the black community of years and generations to come. When men and well-deserved honor. Omaha was still discontented with the church and women escape the chains of 21st century f service arrangement and called for a church of oppression, they will be in Mark Palmer’s debt their own. In 1866, the white community had as we, his friends, will forever be. YOM YERUSHALAYIM, JERUSALEM a church built within the city limits of Omaha Finally, in rising to celebrate Mark I rise as DAY and donated the old church to the black com- well to celebrate his cherished partner in all munity. It was then used as both a school and that he accomplished during his distinguished HON. LOIS FRANKEL a church and the name was changed to Mount career—his wife of 47 years, Dr. Sushma OF FLORIDA Mariah Missionary Baptist Church. Palmer. IN THE HOUSE OF REPRESENTATIVES In 1890, a church was built within the Omaha city limits for the black families living f Wednesday, May 8, 2013 and working there so they wouldn’t have to TRIBUTE TO MICKEY EDWARDS Ms. FRANKEL of Florida. Mr. Speaker, 46 walk as far on Sunday and be tired for work years ago today Israel liberated its capital city on Monday. The church continued to grow and HON. TODD ROKITA of Jerusalem during the Six-Day War, allowing formed an organization named the ‘‘Mt. Mariah OF INDIANA Jews for the first time in decades to visit Juda- Baptist Church Association.’’ IN THE HOUSE OF REPRESENTATIVES ism’s holiest site, the Western Wall. That is In 1911, the church bought six acres of land why Jews across my home District in South Wednesday, May 8, 2013 for $412.00 to build a new church, fellowship Florida today are celebrating Yom hall and cemetery. This structure stood until a Mr. ROKITA. Mr. Speaker, I rise today to Yerushalayim, Jerusalem Day. tornado tore through the Omaha area and de- recognize and salute a remarkable American, In synagogues and community centers from stroyed the church. Through the sadness and Mickey Edwards, who has been elected to the Palm Beach, to Boca Raton, to Ft. Lauder- the tears came a firm resolve and an American Academy of Arts and Sciences in dale, and indeed around the world, Jews are unyielding faith in the Lord to build a new recognition of his excellence in journalism, rejoicing with song, dance, and prayer, while church. After working hard to raise the funds, public affairs, and communication. also commemorating the solemn sacrifice of on November 9, 1947, the new church was An Ohio native, Mr. Edwards has achieved hundreds of Israeli soldiers whose lives were dedicated with much prayer, song, and joy. continued success throughout his long career cut short in the Battle for Jerusalem. Throughout the years, the church was re- as a public servant. After receiving his edu- Jerusalem has been the heart of the Jewish modeled and improved with help, funds and cation from the University of Oklahoma and people for thousands of years. Through cen- donations from its members. It has seen many Oklahoma City University School of Law, he turies of exile, Jerusalem remained the focal great leaders, each one leaving their lasting began his career in news media and public re- point of Jewish aspiration. In fact, Jews have mark on the church. Today, under the leader- lations. He was later elected to represent the always prayed toward the Western Wall re- ship of Pastor Marcus B. Hunter, the pros- 5th Congressional District of Oklahoma for six- gardless of where they stood geographically in pering church looks back on 200 years of teen years and was a senior member of the the world. hardship, unending faith, and ultimate suc- House Republican leadership. He served as That is why Israel’s founding Prime Minister cess. Chairman of the Republican Policy Committee, David Ben-Gurion said in 1947, ‘‘No city in the The story of Mt. Mariah Missionary Baptist was a member of both the House Appropria- world, not even Athens or Rome, ever played Church, which began during a dark and di- tions and Budget Committees, and was the as great a role in the life of a nation for so vided time in our nation’s history, is a truly in- ranking member of the House Subcommittee long a time, as Jerusalem has done in the life spiring one of the dedication and persever- on Foreign Operations. After leaving Con- of the Jewish people.’’ ance of a faithful congregation of people who gress, he taught government and public policy f put all their love and trust in the Lord. at Harvard’s Kennedy School of Government, Mr. Speaker, today I ask my colleagues to IN RECOGNITION OF MT. MARIAH Harvard Law School, and Georgetown Univer- join me in paying tribute to Mt. Mariah Mis- MISSIONARY BAPTIST CHURCH’S sity’s Public Policy Institute. sionary Baptist Church in Omaha, Georgia for 200TH ANNIVERSARY Mr. Edwards is a widely respected columnist their long history of coming together through and contributor whose work has appeared in the good and difficult times to praise and wor- news outlets including the Chicago Tribune, HON. SANFORD D. BISHOP, JR. ship our Lord and Savior Jesus Christ. Los Angeles Times, San Francisco Examiner, OF GEORGIA f the New York Times, Wall Street Journal, and IN THE HOUSE OF REPRESENTATIVES The Washington Post, He is the author of two HONORING THE DOS PALOS DIVINO books, the co-author of a third, and has con- Wednesday, May 8, 2013 ESPIRITO SANTO tributed chapters to several more publications. Mr. BISHOP of Georgia. Mr. Speaker, it is Mr. Edwards has chaired several task forces my honor and pleasure to extend my sincere HON. JIM COSTA for the Brookings Institution, the Council on congratulations to the congregation of Mt. OF CALIFORNIA Foreign Relations, and the Constitution Mariah Missionary Baptist Church in Omaha, IN THE HOUSE OF REPRESENTATIVES Project. He has also been an adviser to the Georgia as the church’s membership and U.S. Department of State and is a member of leadership celebrates a remarkable 200 years. Wednesday, May 8, 2013 the Princeton Project on National Security. He The congregation of Mt. Mariah Missionary Mr. COSTA. Mr. Speaker, I rise today to is currently a lecturer at Princeton University’s Baptist Church will celebrate this very signifi- celebrate the 90th ‘‘Festa do Divino Espirito Woodrow Wilson School of Public and Inter- cant anniversary with a Bicentennial Celebra- Santo’’ or the Festival of the Divine Holy Spirit national Affairs, is a vice president of the tion on Sunday, May 12, 2013 at the Church in Dos Palos, California. This annual festa is Aspen Institute, and is director of the Insti- in Omaha, Georgia. a lively gathering that promotes family rec- tute’s Aspen-Rodel Fellowships in Public Tracing its roots back to the antebellum era, onciliation and peace, through prayer and Leadership program. I came to know, like, and the church was an illustration of the segrega- charity.

VerDate Mar 15 2010 05:02 May 09, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MY8.012 E08MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS May 8, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E623 The celebration began in the early 1920s goal is to better organize data within programs role in helping our communities educate them- when Azoreans began to emigrate from the so that data can then be more easily shared selves about ways to combat arson. Azore Islands to Dos Palos. In 1923 the across multiple human services programs that f Divino Espirito Santo, DES, Association was serve similar populations. incorporated, and it stands as one of the city’s The data provision recognizes that multiple DRURY UNIVERSITY’S THREE oldest organizations. The Dos Palos DES has standards may well be needed to address dif- NATIONAL CHAMPIONSHIPS been successful over the past nine decades ferent types of data exchanges, and that some due to the donations and support from resi- data exchanges may already be standardized. HON. BILLY LONG dents, business owners, dairymen, and ranch- It provides some authority to the Secretary of OF MISSOURI ers. The organization is supported by individ- Health and Human Services to exercise some IN THE HOUSE OF REPRESENTATIVES flexibility in situations where standardized sys- uals of all backgrounds and faiths. The money Wednesday, May 8, 2013 that DES raises goes to their annual celebra- tems are found to operate efficiently. Certain tions, scholarships for young men and women, sectors, such as financial institutions, that Mr. LONG. Mr. Speaker, I rise today to rec- and parks for children. They also provide as- interact with covered programs have well-es- ognize Drury University’s Men’s Basketball sistance to those who are in immediate need. tablished data exchange standards that need and Men’s and Women’s Swimming and Div- Dos Palos DES is known for its sense of to be taken into account and should serve as ing Teams on their national championships. community and comradeship. Neighbors are the base for moving forward. In the case of Drury University is the only school in the like family in Dos Palos, and there is no ques- child support, this data provision does not re- NCAA at any level in this 2012–13 school year tion that there is a sense of loyalty between quire that systems such as the Federal Parent to have won three national championships. everyone. Each year, the Festa do Divino Locator Service (FPLS) be retrofitted, but in- The Panthers Basketball Team won in dra- Espirito Santo serves as a place for citizens to stead encourages incremental, cost-effective matic fashion over Metro State to win 74–73 come together, appreciate their town, and implementation of consistent data standards after they overcame a 17-point deficit to win enjoy each other’s company. The traditional across human services programs. on a last minute free throw in Atlanta, Geor- meal of sopas is served to over 2,000 people. I invite all Members to join me in supporting gia, on April 7. This is Drury’s first NCAA-II As someone with a strong Portuguese back- this important legislation and look forward to National Basketball Championship, and it also ground and up-bringing, I truly admire all of its speedy consideration. That way we can marked Drury’s 23rd straight win of the sea- the efforts made by Dos Palos DES. The indi- take the next step toward ratifying the Hague son. They won through their hard work and viduals who have put together this wonderful Convention so that more child support is col- the sheer determination to win. celebration must be recognized for all of their lected in international cases, providing more I want to commend Head Coach Steve hard work and dedication. children the financial support they deserve. Hesser, Assistant Coaches Ja Havens and Mr. Speaker, I ask my colleagues to join me f Steven Gum, and Graduate Assistant Brandon in recognizing the Festa do Divino Espirito Kimbrough for guiding the team through its ex- Santo as residents from all over the Central PROCLAIMING SUPPORT FOR NA- traordinary season. Coach Hesser did a re- Valley celebrate the 90th celebration. These TIONAL ARSON AWARENESS markable job, and the National Association of wonderful traditions are passed down from WEEK Basketball Coaches honored Coach Hesser as generation to generation, and we can expect its National D-II Coach of the Year, an award that Dos Palos DES will be hosting celebra- HON. MICHAEL H. MICHAUD he certainly deserves. tions for many years to come. OF MAINE Drury University’s Men’s and Women’s f IN THE HOUSE OF REPRESENTATIVES Swimming and Diving Teams, coached by Brian Reynolds, swept the titles on March 9 in Wednesday, May 8, 2013 INTRODUCTION OF THE INTER- Birmingham, Alabama. This was the ninth NATIONAL CHILD SUPPORT RE- Mr. MICHAUD. Mr. Speaker, I rise today to straight national championship for the Drury COVERY IMPROVEMENT ACT OF support National Arson Awareness Week, Men—a record for NCAA Division II schools— 2013 which runs from May 5th–11th this year. and the fourth national title in the last five The United States Fire Administration years for the Drury Women. I also want to HON. DAVID G. REICHERT (USFA) has made tremendous strides in edu- commend Assistant Coach Jason Hite, Diving OF WASHINGTON cating the public about the dangers of Arson Coach Richard Hackett, Graduate Assistant IN THE HOUSE OF REPRESENTATIVES during its annual Arson Awareness Week. Michal Winiewicz, and Graduate Assistant This year’s theme, ‘‘Reducing Residential Marta Stepien for all their work this year. Wednesday, May 8, 2013 Arson,’’ is focused on ways for community I also congratulate Coach Reynolds, who Mr. REICHERT. Mr. Speaker, today I, along members to come together and develop plans was named National Coach of the Year for with Ranking Member DOGGETT and other to combat arson in their neighborhoods. Ac- both the men’s and women’s competitions for Members of the Human Resources Sub- cording to USFA, over 14,700 law enforce- his efforts this year. Coach Reynolds has de- committee, introduce the International Child ment agencies report 43,400 arsons every veloped a truly unique and dominant program. Support Recovery Improvement Act of 2013. year. The Springfield community is proud of the This bill is nearly identical to H.R. 4282, which This is an issue that hits home for my con- Drury teams for reaching such a high level of passed the House by voice vote on June 5, stituents in the city of Lewiston, who have en- success. Drury University won three national 2012, and serves as the implementing legisla- dured three large fires during the past week. titles and three national championships in the tion for the Hague Convention on International The fires have destroyed over 79 apartments span of a month. Drury’s national champion- Recovery of Child Support and Other Forms of and left roughly 200 people homeless. Fire- ships are remarkable achievements, and the Family Maintenance. This multilateral treaty, to fighters from Lewiston and the surrounding teams will have memories to last a lifetime. which the Senate provided its consent in communities have performed heroically to con- I urge my colleagues to join me in congratu- 2010, provides for the structured exchange of tain the fires and protect residents from harm. lating the Drury Panthers on their outstanding information and consistent enforcement of These brave men and women place them- athletic performances this year. international cases of child support. selves at enormous risk every day to keep us f The bill also builds on the Subcommittee’s safe, and I applaud them for their efforts. recent bipartisan efforts to standardize data USFA is recommending a number of strate- INTRODUCTION OF THE WATER within and across social programs. This in- gies to help communities better protect them- QUALITY PROTECTION AND JOB cludes applying to the child support enforce- selves against arson. Neighborhood cleanups CREATION ACT OF 2013 ment program the same no-cost data stand- have enabled residents to remove flammable ardization provision recently enacted in the materials and identify possible hazards. HON. TIMOTHY H. BISHOP child welfare, Temporary Assistance for Needy Groups have also had success by improving OF NEW YORK Families (TANF), and unemployment insur- internal and external security for their homes IN THE HOUSE OF REPRESENTATIVES ance programs. and at abandoned properties. Working to- The data provision is designed to recognize gether, we can all help make our communities Wednesday, May 8, 2013 the need for standards in the exchange of a safer place to live. Mr. BISHOP of New York. Mr. Speaker, data both across state-level programs and be- Mr. Speaker, please join me again in recog- today, I join with 27 of my colleagues in intro- tween states and the federal government. The nizing National Arson Awareness Week for its ducing bipartisan legislation to make long,

VerDate Mar 15 2010 05:02 May 09, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MY8.016 E08MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS E624 CONGRESSIONAL RECORD — Extensions of Remarks May 8, 2013 overdue investments in our nation’s water in- I am pleased that this legislation has gar- CONGRATULATING THE frastructure systems that will benefit both our nered bipartisan support for introduction, and I PRESIDENTIAL SCHOLARS communities and our economy. am also pleased that Republican and Demo- When it comes to America’s infrastructure, cratic staff on the Transportation and Infra- HON. SUSAN W. BROOKS the role of the Federal government is both crit- structure Committee have had several produc- OF INDIANA ical and clear. Never has the need for Federal tive meetings to discuss this issue and explore IN THE HOUSE OF REPRESENTATIVES investment been greater, and in my district, a collaborative path forward. I look forward to Wednesday, May 8, 2013 perhaps more urgent both in the short term working with Chairmen SHUSTER and GIBBS and long term. and Ranking Member RAHALL to advance Mrs. BROOKS of Indiana. Mr. Speaker, I As the Committee on Transportation and In- long-term, sustained investment in our nation’s rise today to congratulate the 49th class of frastructure heard at its Water Resources and wastewater infrastructure that has broad sup- U.S. Presidential Scholars, composed of 141 Development Act hearing last month, Amer- port from cities and communities around the high school seniors who have excelled in aca- ica’s waterways related infrastructure projects country, industry, utilities, environmental demics or the arts. I am especially proud that are in drastic need of Federal investment that groups, unions, equipment suppliers, and en- a student from my district, James Y. Wang, will create jobs and benefit our economy. So gineers. has been selected as one of two students too, will federal investment in our wastewater from Indiana for this prestigious honor. infrastructure systems provide economic bene- In short, Mr. Speaker, this bill is good for These outstanding young people are se- fits and create jobs while rebuilding and ex- America and American workers, and I urge my lected by the White House Commission on panding our treatment systems. For every $1 colleagues to join myself and my fellow co- Presidential Scholars as a result of their aca- billion this nation spends on wastewater infra- sponsors in supporting this very important leg- demic success, community service, leader- structure it can create as many as 33,000 jobs islation. ship, and commitment to excellence. Each in communities across America while improv- state will send a young man and a young ing our public health and the environment. It is f woman to Washington, DC, on June 16, a win-win proposition. where they will receive a Presidential Scholar INTRODUCTION OF THE BAL- Around the country, states report a need of Medallion. close to $300 billion in wastewater treatment, ANCING FOOD, FARM, AND THE This achievement is a wonderful reflection pipe replacement and repair, and stormwater ENVIRONMENT ACT of the quality of academic instruction in my management projects over the next twenty district and of the hard work and dedication of years. This need is especially pressing in the students. I would like to congratulate not many cities and communities where pipes and HON. EARL BLUMENAUER only Mr. Wang, but also University High sewage treatment facilities are reaching the OF OREGON School in Carmel, Indiana, and Derek Thom- end of their expected useful life. IN THE HOUSE OF REPRESENTATIVES as, who has been recognized as an out- Without a greater Federal investment, com- standing educator. munities that cannot upgrade and expand their Wednesday, May 8, 2013 As a member of the Education and the wastewater systems will find it harder to at- Workforce Committee, I know how important it Mr. BLUMENAUER. Mr. Speaker, today, I tract new business and build new homes. Ex- is to our nation’s future to encourage aca- am introducing the Balancing Food, Farm, and isting businesses and homes will see treat- demic excellence in high schools across the the Environment Act of 2013. This legislation ment costs rise as short term fixes are sought. country. We must do everything we can to modernizes the conservation title of the Farm Current Federal appropriations that equal a support our great educators and train a gen- Bill to better reflect farmers’ needs and the pri- small fraction of the identified need to mod- eration of students ready to succeed in a dy- orities of the American public. I know from ernize and repair these systems are clearly namic 21st century economy. not sufficient. The time for a new approach to working with farmers in Oregon that many The winners of this unique competition are Federal investment and financing of these ef- farmers are the best possible stewards of their an inspiration to their peers, educators, and forts is now. land, and they are producing healthy, local parents throughout Indiana’s 5th District and The ‘‘Water Quality Protection and Job Cre- food in ways that protect their livelihood, their across the nation. Once again, congratulations ation Act of 2013’’ we are introducing today is farm, and the environment. The Farm Bill as to Mr. Wang, Mr. Thomas, and University High intended to provide the ‘‘all of the above’’ ap- a whole, however, does far too little to reward School. I am very proud of you. proach to water infrastructure investment and good stewardship, support sustainable farming f financing that will be needed to close our cur- practices, or meet conservation priorities. rent funding gaps. The bill renews the Federal The Balancing Food, Farm, and the Envi- EXPRESSING THE SENSE OF THE commitment to addressing our Nation’s sub- ronment Act of 2013 leverages current Farm HOUSE THAT CONGRESS AND stantial needs for wastewater infrastructure by Bill programs to produce better environmental THE STATES SHOULD INVES- investing $13.8 billion in the State Revolving outcomes and increase ease of access for TIGATE AND CORRECT ABUSIVE, Funds over the next five years. For decades, farmers. The bill prioritizes longer terms of UNSANITARY, AND ILLEGAL the SRFs have been the traditional mecha- protection for high-priority environmentally- ABORTION PRACTICES nism for Federal wastewater infrastructure as- sensitive lands, providing a better return for sistance. taxpayers and stability for farmers. It also HON. STEPHEN LEE FINCHER Yet, also recognizing that significant addi- makes clean water a higher priority in con- OF TENNESSEE tional resources will be necessary, the bill es- servation programs, increasing protection and IN THE HOUSE OF REPRESENTATIVES tablishes two complementary new initiatives restoration for riverbanks. The Balancing Act Wednesday, May 8, 2013 for the long-term, sustainable financing of targets wetlands and critical habitat to protect wastewater infrastructure. The first is a direct Mr. FINCHER. Mr. Speaker, I’m heartbroken wildlife population. It increases access to pro- loan and loan guarantee program and the sec- as I’ve heard more and more about Dr. Kermit gram funding for farmers, and expands the ond, a Clean Water Infrastructure Trust Fund. Gosnell’s Philadelphia medical practice during funding available for technical assistance. It These proposals, when implemented in con- the past few weeks. The brutal method Dr. helps keep antibiotics out of our water and cert, would leverage billions of additional dol- Gosnell used to ensure death from a botched food by reducing grants to factory farms and lars to meet local wastewater infrastructure abortion, severing the spinal cord of a baby by helping farmers transition to organic or less needs, create jobs, and protect our public born alive, is disgusting. I pray we are all antibiotic intensive farming methods. Finally, health and environmental quality. shocked and disturbed by what has been re- Meeting the critical water infrastructure in- the Balancing Act acknowledges that Amer- vealed about abortion during this trial. vestment needs of our local communities is a ican farmers are experiencing impacts from While Dr. Gosnell stands trial, there are still bipartisan issue, and indeed, this bill has bi- climate change, and it provides funding for ad- over a million babies who die from abortion partisan support. Members from both sides of aptation and mitigation of these effects. each year in the United States. That’s almost the aisle recognize that the investments that I look forward to working with my colleagues 2 times more deaths than caused by cancer in we make will benefit our local constituents, the to advance this legislation on behalf of our the U.S. every year and 2 times more than economies of our towns, cities, and States, farmers, the millions of Americans who care heart disease. Abortion is taking an innocent and provide the added benefit of protecting about a safe, healthy, domestic food supply, life and we have to stand against it. public health and the overall condition of the and our grandchildren, who will live with the That’s why I am introducing this House res- environment. air, water, and soil we pass on to them. olution to review public policies that led to the

VerDate Mar 15 2010 05:02 May 09, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MY8.020 E08MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS May 8, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E625 illegal abortion practices of Dr. Kermit Gosnell NATIONAL NURSES WEEK which is definitely portrayed throughout this and others. The resolution resolves that Con- country and New York. The Asian Pacific gress and States should gather information HON. JOHN CONYERS, JR. American population is 18.2 million and ex- about and correct abusive, unsanitary, and il- OF MICHIGAN pected to reach 20.9 million in the next five legal abortion practices and the interstate re- IN THE HOUSE OF REPRESENTATIVES years. New York is home to 1.7 million Asian ferral of women and girls to facilities engaged Pacific Americans and 10.1 percent of APA- in dangerous or illegal second- and third-tri- Wednesday, May 8, 2013 owned businesses. Organizations in my con- mester procedures. Mr. CONYERS. Mr. Speaker, today I rise in gressional district in New York City, such as The resolution also recognizes that there is support of National Nurses Week. Nurses form The Coalition of Asian Pacific Americans im- substantial medical evidence that an unborn the backbone of our nation’s healthcare sys- prove our communities with advocacy efforts child is capable of experiencing pain at 20 tem. Patients depend upon nurses when they for APAs, and cultural contributions. In addi- weeks after fertilization, or earlier, and re- are at their most vulnerable, families entrust tion, the Asian Pacific American Chamber of solves that there is a compelling governmental the care and comfort of their loved ones to Commerce in New York has dedicated itself to the economic empowerment of APAs, and interest in protecting the lives of unborn chil- their capable hands, and a happy and healthy building the relationship between Asian and dren beginning at least from the stage at nursing workforce means a happy and healthy American people. U.S. companies. which substantial medical evidence indicates My colleagues in the Congressional Asian that they are capable of feeling pain. This week is an opportunity for us to thank the roughly 3 million registered nurses in the Pacific American Caucus and I are committed Life is precious, children are precious. Peo- United States, who provide the front-line pa- to fulfilling the various economic needs and ple talk about choice when we talk about abor- tient contact that is critical to medical treat- civic engagement of the APA community as tion, and we should encourage more Ameri- ment that is effective and efficient—and they we work to secure comprehensive immigration cans to choose life and protect the most inno- do so with a humanity that is refreshing. They reform and business empowerment opportuni- cent in our nation. provide understanding care to victims of do- ties for small business owners. Through mestic violence, a compassionate touch for strength and determination, the APA commu- f family members who have lost a loved one, nity has overcome prejudice, oppression and and the support and strength our wounded countless barriers to achieve enormous HONORING CHIEF JOHN STEVENS veterans need to recover. heights in America. I join Asian Pacific Ameri- As our nation looks towards implementing cans in celebrating their heritage and their the Affordable Care Act, nurses will play a well-deserved successes.’’ HON. MICHAEL H. MICHAUD leading role in providing cost-effective, high- f OF MAINE quality care to millions of new patients. One of COMMEMORATING THE SEVENTH IN THE HOUSE OF REPRESENTATIVES the most important things we can do to control ANNIVERSARY OF THE SULLY costs and improve patient outcomes is encour- DISTRICT POLICE STATION Wednesday, May 8, 2013 age and support both current and future mem- SHOOTING bers of the nursing profession. The current Mr. MICHAUD. Mr. Speaker, I rise today to nursing shortage is a major hurdle that we recognize the leadership of John Stevens, HON. GERALD E. CONNOLLY must confront if we want to lead the world in former Chief of the Passamaquoddy and Com- OF VIRGINIA health care quality and efficiency. By recruit- missioner of Indian Affairs for the State of IN THE HOUSE OF REPRESENTATIVES ing, training, and retaining the best nursing Maine. workforce that we possibly can, our nation will Wednesday, May 8, 2013 Chief Stevens is known throughout Maine be investing in itself. Mr. CONNOLLY. Mr. Speaker, it was seven as a man of great wisdom and compassion. The acknowledged relationship between in- years ago today that two Fairfax County police His distinguished career in public service has creased nurse staffing levels and decreased officers were killed outside the Sully District led him to serve the state’s native peoples in patient complications and reduced hospital Police Station in a tragedy that galvanized our a variety of capacities. As a Tribal Councilor, stay lengths is too important to ignore. Shorter community. I was Chairman of the Fairfax John worked to strengthen Passamaquoddy hospital stays means smaller premiums for all County Board of Supervisors at the time. Mas- cultural values and promote economic Americans. It also means fewer tax dollars ter Police Officer Michael Garbarino and De- progress. During his terms as Chief, John being spent. But in more important terms, it tective Vicki Armel showed tremendous cour- worked effectively to combat unemployment means husbands and wives, fathers and age, heroism, and self-sacrifice in protecting and crippling debt. He also played an enor- mothers, sons and daughters who are around their fellow officers when a troubled young mous role in the legal battle that would even- longer, with better quality of life. That is what man launched an assault on the station with tually result in Congressional Legislation to nurses provide, and it is that for which I rise an arsenal of high-powered weapons. They grant federal recognition to the Passama- to say thank you. were the first officers to be killed in the line of quoddy, Penobscot, and Maliseet. Chief Ste- f duty in the Fairfax County Police Department’s vens would also go on to serve as the first 72-year history. Commissioner of Indian Affairs for the State of IN CELEBRATION OF ASIAN PA- MPO Garbarino, 53, had just returned to the Maine. CIFIC AMERICAN HERITAGE station and was sitting in his cruiser, preparing MONTH In addition to his devotion for the native to go off duty, when he was shot. Detective peoples of Maine, John is also a proud vet- Armel, 40, was at her car nearby, preparing to eran of the Korean War. He has often cited HON. CHARLES B. RANGEL respond to a report of a carjacking. We later the war-devastated villages he encountered OF NEW YORK discovered that the shooter, 18-year-old Mi- overseas as an inspiration behind his efforts to IN THE HOUSE OF REPRESENTATIVES chael Kennedy, had a history of mental illness. The assailant stole a van and drove to the sta- improve conditions for his own people. Today, Wednesday, May 8, 2013 the Passamaquoddy Tribe owns more than tion armed with two rifles and five handguns. 200,000 acres of land in the State. Mr. RANGEL. Mr. Speaker, I rise today, to Detective Armel immediately returned fire, but recognize the 21st anniversary of Asian Pa- she was fatally wounded when a high-pow- I consider myself privileged to have had the cific American Heritage Month during the ered round pierced her protective vest. She opportunity to work with John as a fellow pub- month of May. It is with great honor that I died on scene. Despite his injuries, MPO lic servant and as a friend. On May 9, 2013, stand to commemorate the many accomplish- Garbarino was able to use his police radio to Chief Joseph Socobasin, Vice Chief Clayton ments and contributions from Asian Americans call for assistance and provide tactical infor- Sockabasin and the Indian Township Tribal and Pacific Islanders. As leaders in business, mation to responding officers that led to the Council will dedicate the Tribal Government education, STEM, military, medicine or the killing of the shooter and prevented further Office Building in Chief Stevens’ honor. I can arts, Asian Americans have contributed to our casualties at the Sully Police Station. In stand- think of no one more deserving of this tremen- nation’s prosperity and culture. The story of ing their posts, they saved other lives. dous honor. the APA community is a testament to what is MPO Garbarino was transported to the hos- Mr. Speaker, please join me again in hon- possible in America. pital in critical condition and succumbed to his oring Chief John Stevens for his long and re- This year’s theme is Building Leadership: injuries nine days later. He was a 23-year vet- markable career of public service. Embracing Cultural Values and Inclusion eran of the Fairfax County Police Department.

VerDate Mar 15 2010 05:02 May 09, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MY8.023 E08MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS E626 CONGRESSIONAL RECORD — Extensions of Remarks May 8, 2013 He was a mentor to many young people in our tion of the crimes against humanity will set an printing in the Extensions of Remarks community and regularly volunteered at one of example, paving the way for a peaceful reso- section of the CONGRESSIONAL RECORD the local alternative high schools. He is sur- lution between the Turkey and Armenia. on Monday and Wednesday of each vived by his wife, Susan, their two children, Thank you. week. his parents, and a sister. f Detective Armel was a 17-year law enforce- Meetings scheduled for Thursday, ment veteran. A graduate of Fairfax High WELCOMING THE NINTH HONOR May 9, 2013 may be found in the Daily School, she spent eight years with the Fairfax FLIGHT SOUTH ALABAMA TO Digest of today’s RECORD. Sheriff’s Department before transferring to the WASHINGTON, DC Police Department. She was active in the Mountain View Community Church in HON. MARTHA ROBY MEETINGS SCHEDULED Culpeper, and she is survived by her husband, OF ALABAMA MAY 13 Tyler, who also serves as a detective in Fair- IN THE HOUSE OF REPRESENTATIVES 3 p.m. fax, and their two children. Wednesday, May 8, 2013 Committee on Homeland Security and This tragedy was a grim reminder that we Governmental Affairs can never take for granted the outstanding Mrs. ROBY. Mr. Speaker, it is with great To hold hearings to examine the nomina- work of our men and women in blue who put pride that I recognize Honor Flight South Ala- tion of Brian C. Deese, of Massachu- themselves in harm’s way every day to keep bama and the World War II veterans. This setts, to be Deputy Director of the Of- our families and neighborhoods safe. The re- very special organization is bringing its ninth fice of Management and Budget. markable heroism and bravery displayed by flight to Washington, DC on May 8, 2013. I am SD–342 honored to insert this tribute in the RECORD on MPO Garbarino and Detective Armel exempli- MAY 14 fies the valor of all our public safety personnel the anniversary of the unconditional surrender of Germany to the allies. 9:30 a.m. and first responders and reflects their commit- Committee on Appropriations Founded by the South Alabama Veterans ment to our community. Subcommittee on Legislative Branch Mr. Speaker, I ask my colleagues to join me Council, Honor Flight South Alabama is an or- To hold hearings to examine proposed in commemorating the memory of these out- ganization whose mission is to fly heroes from budget estimates for fiscal year 2014 for standing police officers and extending our con- Alabama to see their national memorial. the Secretary of the Senate, the Ser- dolences to their families. They and their Nearly seven decades have passed since geant at Arms and the U.S. Capitol Po- brothers and sisters in the public safety com- the end of World War II and, regrettably, it lice. munity are deserving of our highest praise and took nearly this long to complete work on the SD–138 Committee on Armed Services appreciation. memorial that honors the spirit and sacrifice of the 16 million who served in the U.S. Armed Subcommittee on SeaPower f To hold hearings to examine Marine Forces and the more than 400,000 who died. Corps modernization in review of the THE ARMENIAN GENOCIDE Sadly, many veterans did not live long enough Defense Authorization Request for fis- to see this memorial, yet for those veterans cal year 2014 and the Future Years De- HON. SCOTT GARRETT still living, Honor Flight provides for many their fense Program. OF NEW JERSEY first—and perhaps only—opportunity to see SR–222 10 a.m. IN THE HOUSE OF REPRESENTATIVES the National World War II Memorial, which honors their service and sacrifice. Committee on Agriculture, Nutrition, and Wednesday, May 8, 2013 During their time in their nation’s capital, the Forestry Mr. GARRETT. Mr. Speaker, today, we re- Business meeting to consider an original veterans will visit the World War II Memorial, bill entitled, ‘‘Agriculture Reform, member the Armenian people who lost their Arlington National Cemetery, and other memo- Food, and Jobs Act of 2013’’. lives almost a century ago in the Armenian rials. SR–328A Genocide. In the first genocide of the 20th Mr. Speaker, the May 8, 2013, journey of Committee on Finance century, Ottoman officials arrested more than heroes from South Alabama is an appropriate To hold hearings to examine Medicare 200 Armenian leaders. Subsequently, 1.5 mil- time for us to pause and thank them—and all physicians payments, focusing on ad- lion Armenians were arrested and forced to of the soldiers who fought in World War II. vancing reform. march hundreds of miles to the present-day They collectively—and literally—saved the SD–215 Syrian Desert. Men, women, and children Committee on Homeland Security and world. They personify the very best America Governmental Affairs were starved and tortured solely because of has to offer, and I urge my colleagues to take To hold hearings to examine the Presi- their faith and ethnicity. a moment to pay tribute to their selfless devo- dent’s proposed budget request for fis- Yet, there are some today who still choose tion to our country and the freedoms we enjoy. cal year 2014 for the Department of not to recognize the atrocities that occurred I salute Sid Hamilton and L.C. Malone, vet- Homeland Security. between 1915 and 1923. But we know the erans from Alabama’s Second Congressional SD–342 truth. We know there were men, women, chil- District who made the trip to Washington. May 10:30 a.m. dren, and families who were detained and or- we never forget their valiant deeds and tre- Committee on Commerce, Science, and dered to march into the desert. We know there Transportation mendous sacrifices. Subcommittee on Communications, Tech- were those who were forced to escape their f nology, and the Internet homes in search of safety. And we know there SENATE COMMITTEE MEETINGS To hold hearings to examine the state of were those who never made it out. video. Scripture says before you make comment Title IV of Senate Resolution 4, SR–253 about the speck in someone else’s eye, re- agreed to by the Senate of February 4, 2:15 p.m. move the plank from your eye. Well, we cer- 1977, calls for establishment of a sys- Committee on Foreign Relations tainly have a plank in our eye from the Admin- tem for a computerized schedule of all Business meeting to consider S. 793, to istration and from the State Department, who meetings and hearings of Senate com- support revitalization and reform of mittees, subcommittees, joint commit- the Organization of American States, is just refusing to do what is right in this area. and S. 579, to direct the Secretary of So, we must first address and remove that tees, and committees of conference. State to develop a strategy to obtain plank in our eye and make the admission in This title requires all such committees observer status for Taiwan at the tri- this country and then we can call even more to notify the Office of the Senate Daily ennial International Civil Aviation Or- strongly on other countries, specifically Tur- Digest—designated by the Rules Com- ganization Assembly. key. mittee—of the time, place and purpose S–116 We must continue to remember the injustice of the meetings, when scheduled and 2:30 p.m. and acts of hatred that occurred almost a cen- any cancellations or changes in the Committee on Appropriations meetings as they occur. Subcommittee on Department of Home- tury ago. By doing so, we work to prevent a land Security repetition of atrocities. And by continuing to As an additional procedure along To hold hearings to examine proposed hold events such as the annual commemora- with the computerization of this infor- budget estimates for fiscal year 2014 for tion, we make our voices heard. I can only mation, the Office of the Senate Daily the Coast Guard. hope that our acknowledgement and recogni- Digest will prepare this information for SD–138

VerDate Mar 15 2010 05:02 May 09, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\K08MY8.012 E08MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS May 8, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E627 Committee on Armed Services Committee on Homeland Security and 11 a.m. To receive a closed briefing on the situa- Governmental Affairs Committee on Armed Services tion in Syria. To hold hearings to examine the nomina- Subcommittee on Readiness and Manage- SVC–217 tions of Robert D. Okun, and Michael ment Support Committee on Health, Education, Labor, Kenny O’Keefe, both to be an Associate Business meeting to markup those provi- and Pensions Judge of the Superior Court of the Dis- sions which fall under the subcommit- To hold hearings to examine the ADA trict of Columbia. tee’s jurisdiction of the proposed Na- and entertainment technologies, focus- SD–342 tional Defense Authorization Act for ing on improving accessibility from the Committee on Indian Affairs fiscal year 2014. movie screen to your mobile device. To hold an oversight hearing to examine SD–430 the views and priorities of Interior Sec- SD–G50 Select Committee on Intelligence retary Jewell with regard to matters of 2 p.m. To hold closed hearings to examine cer- Indian affairs. Committee on Armed Services tain intelligence matters. SD–628 Subcommittee on Personnel SH–219 Business meeting to markup those provi- 3:15 p.m. MAY 16 sions which fall under the subcommit- Committee on Banking, Housing, and 9:15 a.m. tee’s jurisdiction of the proposed Na- Urban Affairs Committee on Health, Education, Labor, tional Defense Authorization Act for Subcommittee on Securities, Insurance, and Pensions fiscal year 2014. and Investment Business meeting to consider the nomi- SD–G50 To hold hearings to examine returning nation of Thomas Edward Perez, of 3:30 p.m. private capital to mortgage markets, Maryland, to be Secretary of Labor, Committee on Armed Services focusing on housing finance reform. and any pending nominations. Subcommittee on Strategic Forces SD–538 SD–430 Closed business meeting to markup those 9:30 a.m. provisions which fall under the sub- MAY 15 Committee on Armed Services committee’s jurisdiction of the pro- 9:30 a.m. To hold hearings to examine the law of posed National Defense Authorization Committee on Foreign Relations armed conflict, the use of military Act for fiscal year 2014. To hold hearings to examine United force, and the 2001 Authorization for SR–232A States Policy toward Iran; to be imme- Use of Military Force. 6 p.m. diately followed by a closed briefing in SD–106 SVC–217. 10 a.m. Committee on Armed Services SD–419 Committee on Energy and Natural Re- Subcommittee on Emerging Threats and Committee on Homeland Security and sources Capabilities Governmental Affairs Business meeting to consider pending Closed business meeting to markup those To hold hearings to examine performance calendar business. provisions which fall under the sub- management and congressional over- SD–366 committee’s jurisdiction of the pro- sight, focusing on 380 recommendations Committee on Health, Education, Labor, posed National Defense Authorization to reduce overlap and duplication. and Pensions Act for fiscal year 2014. SD–342 To hold hearings to examine certain SR–232A 10 a.m. nominations. Committee on Appropriations SD–430 JUNE 12 Subcommittee on Department of Defense 2:30 p.m. 9:30 a.m. To hold closed hearings to examine pro- Select Committee on Intelligence Committee on Armed Services posed budget estimates for fiscal year To hold closed hearings to examine cer- 2014 for National and Military Intel- tain intelligence matters. Subcommittee on SeaPower ligence programs. SH–219 Closed business meeting to markup those SVC–217 provisions which fall under the sub- Committee on Veterans’ Affairs MAY 22 committee’s jurisdiction of the pro- To hold hearings to examine pending 10 a.m. posed National Defense Authorization benefits legislation. Joint Economic Committee Act for fiscal year 2014. SR–418 To hold hearings to examine the current SR–222 2:30 p.m. economic outlook. 2:30 p.m. Committee on Appropriations SH–216 Committee on Armed Services Subcommittee on Departments of Labor, 2 p.m. Closed business meeting to markup the Health and Human Services, and Edu- Special Committee on Aging proposed National Defense Authoriza- cation, and Related Agencies To hold hearings to examine the Medi- tion Act for fiscal year 2014. To hold hearings to examine proposed care prescription drug program, focus- SR–222 budget estimates for fiscal year 2014 for ing on 10 years later. the National Institutes of Health. SD–366 JUNE 13 SD–138 9:30 a.m. Committee on Appropriations JUNE 4 Subcommittee on Energy and Water Devel- Committee on Armed Services 2:30 p.m. opment Closed business meeting to continue to To hold hearings to examine proposed Committee on Commerce, Science, and markup the proposed National Defense budget estimates for fiscal year 2014 for Transportation Authorization Act for fiscal year 2014. Subcommittee on Communications, Tech- the Department of Energy. SR–222 SD–192 nology, and the Internet To hold hearings to examine the state of Committee on Banking, Housing, and JUNE 14 Urban Affairs wireless communications. 9:30 a.m. Subcommittee on National Security and SR–253 Committee on Armed Services International Trade and Finance To hold hearings to examine improving JUNE 11 Closed business meeting to continue to cross border resolution to better pro- 9:30 a.m. markup the proposed National Defense tect taxpayers and the economy. Committee on Armed Services Authorization Act for fiscal year 2014. SD–538 Subcommittee on Airland SR–222 Committee on Commerce, Science, and Business meeting to markup those provi- Transportation sions which fall under the subcommit- To hold hearings to examine advanced tee’s jurisdiction of the proposed Na- vehicle technology and its implica- tional Defense Authorization Act for tions. fiscal year 2014. SR–253 SD–G50

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HIGHLIGHTS House and Senate met in a Joint Meeting to receive Her Excellency Park Geun-hye, President of South Korea. Senate systems. (A unanimous-consent agreement was Chamber Action reached providing that the amendment, having Routine Proceedings, pages S3215–S3283 achieved 60 affirmatives votes, be agreed to.) Measures Introduced: Twenty bills and four reso- Pages S3217, S3223–27, S3228 lutions were introduced, as follows: S. 891–910, and Boxer/Vitter Amendment No. 799, in the nature S. Res. 131–134. Pages S3255–56 of a substitute. (By unanimous consent, the amend- ment will be considered as original text for the pur- Measures Passed: pose of further amendment.) Page S3217 Animal Drug and Animal Generic Drug User By a unanimous vote of 95 yeas (Vote No. 117), Fee Reauthorization Act: Senate passed S. 622, to Brown Modified Amendment No. 813, to provide a amend the Federal Food, Drug, and Cosmetic Act to multiagency effort to slow the spread of Asian carp reauthorize user fee programs relating to new animal in the Upper Mississippi and Ohio River basins and drugs and generic new animal drugs. Pages S3275–82 tributaries. Pages S3242–43 Boxer (for Pryor) Modified Amendment No. 801, Use of Capitol Grounds: Senate agreed to H. to direct the Administrator of the Environmental Con. Res. 32, authorizing the use of the Capitol Protection Agency to change the Spill Prevention, Grounds for the National Honor Guard and Pipe Control, and Countermeasure rule with respect to Band Exhibition. Page S3282 certain farms. Page S3247 Recognizing the Teachers of the United States: Boxer (for Pryor) Amendment No. 806, to provide Committee on Health, Education, Labor, and Pen- a work-in-kind credit. Page S3247 sions was discharged from further consideration of S. Boxer (for Inhofe) Modified Amendment No. 835, Res. 126, recognizing the teachers of the United to provide for rural water infrastructure projects. States for their contributions to the development and Page S3247 progress of our country, and the resolution was then Boxer (for McCain) Amendment No. 833, to pro- agreed to. Page S3282 tect the American taxpayer by establishing metrics Measures Considered: to measure the effectiveness of grants administered by the national levee safety program. Page S3247 Water Resources Development Act—Agreement: Boxer (for Murray) Amendment No. 832, to mod- Senate continued consideration of S. 601, to provide ify the definition of the term ‘‘cargo container’’. for the conservation and development of water and Page S3247 related resources, to authorize the Secretary of the Rejected: Army to construct various projects for improvements By 56 yeas to 43 nays (Vote No. 115), Coburn to rivers and harbors of the United States, taking ac- Amendment No. 805 (to Amendment No. 799), to tion on the following amendments proposed thereto: protect the right of individuals to bear arms at water Pages S3217–28, S3240–48 resources development projects administered by the Adopted: Secretary of the Army. (A unanimous-consent agree- By 67 yeas to 32 nays (Vote No. 116), White- ment was reached providing that the amendment, house Amendment No. 803 (to Amendment No. having failed to achieve 60 affirmative votes, the 799), to create the National Endowment for the amendment was not agreed to.) Pages S3218–23, S3227 Oceans to promote the protection and conservation A unanimous-consent agreement was reached pro- of United States ocean, coastal, and Great Lakes eco- viding that the next amendment in order to the bill D413

VerDate Mar 15 2010 02:46 Apr 24, 2014 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD13\RECFILES\MAY2013\D08MY3.REC D08MY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D414 CONGRESSIONAL RECORD — DAILY DIGEST May 8, 2013 be the following: Blunt Amendment No. 800; and chael B. Donley, Secretary of the Air Force, and that no second-degree amendments be in order to General Mark A. Welsh III, Chief of Staff of the Air the amendment prior to votes on or in relation to Force, both of the Department of Defense. the amendment. Page S3228 A unanimous-consent agreement was reached pro- APPROPRIATIONS: DEPARTMENT OF THE viding for further consideration of the bill at ap- TREASURY AND IRS proximately 10:30 a.m., on Thursday, May 9, 2013. Committee on Appropriations: Subcommittee on Finan- Page S3282 cial Service and General Government concluded a Dick and Roman Nominations—Agreement: A hearing to examine proposed budget estimates for unanimous-consent-time agreement was reached pro- fiscal year 2014 for the Department of the Treasury viding that, at a time to be determined by the Ma- and the Internal Revenue Service, after receiving tes- jority Leader, after consultation with the Republican timony from Jacob J. Lew, Secretary, Steven T. Mil- Leader, Senate begin consideration of the nomina- ler, Acting Commissioner, Internal Revenue Service, tions of Shelly Deckert Dick, of Louisiana, to be and J. Russell George, Inspector General for Tax United States District Judge for the Middle District Administration, all of the Department of the Treas- of Louisiana, and Nelson Stephen Roman, of New ury. York, to be United States District Judge for the APPROPRIATIONS: ARMY CORPS OF Southern District of New York; that there be 30 ENGINEERS AND BUREAU OF minutes for debate equally divided in the usual RECLAMATION form; that upon the use or yielding back of time, Senate vote, without intervening action or debate, on Committee on Appropriations: Subcommittee on Energy confirmation of the nominations, in the order listed; and Water Development concluded a hearing to ex- and that no further motions be in order to the nomi- amine proposed budget estimates for fiscal year 2014 nations. Page S3275 for the Army Corps of Engineers and Bureau of Rec- lamation, after receiving testimony from Lieutenant Messages from the House: Page S3254 General Thomas P. Bostick, Chief of Engineers, Measures Placed on the Calendar: Army Corps of Engineers, and Jo-Ellen Darcy, As- Pages S3215, S3254 sistant Secretary of the Army for Civil Works, both Executive Communications: Pages S3254–55 of the Department of Defense; and Anne Castle, As- sistant Secretary for Water and Science, and Michael Additional Cosponsors: Pages S3256–58 L. Connor, Commissioner, Bureau of Reclamation, Statements on Introduced Bills/Resolutions: both of the Department of the Interior. Pages S3258–63 DEFENSE AUTHORIZATION REQUEST AND Additional Statements: Pages S3252–54 FUTURE YEARS DEFENSE PROGRAM Amendments Submitted: Pages S3263–74 Committee on Armed Services: Subcommittee on Airland Authorities for Committees to Meet: concluded a hearing to examine Army modernization Pages S3274–75 in review of the Defense Authorization Request for Record Votes: Three record votes were taken today. fiscal year 2014 and the Future Years Defense Pro- (Total—117) Pages S3227–28, S3243 gram, after receiving testimony from Lieutenant General William N. Phillips, Principal Military Adjournment: Senate convened at 9:30 a.m. and Deputy to the Assistant Secretary for Acquisition, adjourned at 7:18 p.m., until 9:30 a.m. on Thurs- Logistics and Technology, and Director, Acquisition day, May 9, 2013. (For Senate’s program, see the re- Career Management, and Lieutenant General James marks of the Acting Majority Leader in today’s O. Barclay III, Deputy Chief of Staff, G–8, both of Record on page S3283.) the Department of the Army, Department of De- fense. Committee Meetings DEFENSE AUTHORIZATION REQUEST AND (Committees not listed did not meet) FUTURE YEARS DEFENSE PROGRAM Committee on Armed Services: Subcommittee on APPROPRIATIONS: AIR FORCE SeaPower concluded a hearing to examine Navy Committee on Appropriations: Subcommittee on Depart- shipbuilding programs in review of the Defense Au- ment of Defense concluded a hearing to examine thorization Request for fiscal year 2014 and the Fu- proposed budget estimates for fiscal year 2014 for ture Years Defense Program, after receiving testi- the Air Force, after receiving testimony from Mi- mony from Sean J. Stackley, Assistant Secretary for

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Committee on Homeland Security and Governmental Af- fairs: Committee concluded a hearing to examine DEFENSE AUTHORIZATION REQUEST AND curbing Federal agency waste and fraud, focusing on FUTURE YEARS DEFENSE PROGRAM new steps to strengthen the integrity of Federal pay- Committee on Armed Services: Subcommittee on Stra- ments, after receiving testimony from Daniel I. tegic Forces concluded a hearing to examine strategic Werfel, Controller, Office of Management and Budg- forces programs of the National Nuclear Security et; Patrick P. O’Carroll, Jr., Inspector General, and Administration and the Department of Energy’s Of- Marianna LaCanfora, Acting Deputy Commissioner fice of Environmental Management in review of the for Retirement and Disability Policy, both of the So- Defense Authorization Request for fiscal year 2014 cial Security Administration; Richard L. Gregg, Fis- and the Future Years Defense Program, including cal Assistant Secretary of the Treasury; and Daniel observations on project and program cost estimating Bertoni, Director, Education, Workforce, and Income in the National Nuclear Security Administration and Security Issues, Government Accountability Office. the Office of Environmental Management, after re- PRIVATE SECTOR’S ROLE IN ceiving testimony from Neile L. Miller, Acting Un- PREPAREDNESS AND EMERGENCY dersecretary for Nuclear Security, and Acting Ad- RESPONSE ministrator, Don L. Cook, Deputy Administrator for Defense Programs, and John M. Richardson, USN, Committee on Homeland Security and Governmental Af- Deputy Administrator for Naval Reactors, all of the fairs: Subcommittee on Emergency Management, National Nuclear Security Administration, and Intergovernmental Relations, and the District of Co- David Huizenga, Senior Advisor for Environmental lumbia concluded a hearing to examine the role of Management, all of the Department of Energy; and the private sector in preparedness and emergency re- David Trimble, Director, Natural Resources and En- sponse, after receiving testimony from Elizabeth vironment, Government Accountability Office. Zimmerman, Deputy Associate Administrator for the Office of Response and Recovery, Federal Emergency IMMIGRANTS IN AMERICA’S INNOVATION Management Agency, Department of Homeland Se- ECONOMY curity; Michael Chodos, Associate Administrator for Committee on Commerce, Science, and Transportation: the Office of Entrepreneurial Development, Small Committee concluded a hearing to examine the role Business Administration; Christopher Terzich, Re- of immigrants in America’s innovation economy, gional Consortium Coordinating Council, Eau Claire, after receiving testimony from Jeffrey J. Bussgang, Wisconsin; Michael Merwarth, United Services Flybridge Capital, and Harvard Business School, Automobile Association, Washington, D.C., on be- Boston, Massachusetts; Gwenne A. Henricks, Cater- half of the BuildStrong Coalition; and Daniel L. pillar Inc., Mossville, Illinois; Stuart Anderson, Na- Stoecker, National Voluntary Organizations Active tional Foundation for American Policy, Arlington, in Disaster, Arlington, Virginia. Virginia; and Ruchi Sanghvi, San Francisco, Cali- INDIAN WATER RIGHTS BILLS fornia. Committee on Indian Affairs: Committee concluded a BUSINESS MEETINGS hearing to examine S. 434, to authorize and imple- Committee on Energy and Natural Resources: Committee ment the water rights compact among the Blackfeet ordered favorably reported the following business Tribe of the Blackfeet Indian Reservation and the items: State of Montana, and S. 611, to make a technical S. 306, to authorize all Bureau of Reclamation amendment to the T’uf Shur Bien Preservation Trust conduit facilities for hydropower development under Area Act, after receiving testimony from Senator Federal Reclamation law, with an amendment in the Baucus; Kevin K. Washburn, Assistant Secretary of nature of a substitute; the Interior for Indian Affairs; Calvin Joyner, Asso- S. 545, to improve hydropower, with an amend- ciate Deputy Chief, National Forest System, Forest ment in the nature of a substitute; Service, Department of Agriculture; Jay Weiner, S. 761, to promote energy savings in residential Montana Reserved Water Rights Compact Commis- and commercial buildings and industry, with an sion Staff Attorney, Helena; Shannon Augare, Black- amendment; feet Nation, Browning, Montana; and Stuart Paisano, H.R. 267, to improve hydropower; and Pueblo of Sandia, Bernalillo, New Mexico.

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CYBER THREATS Claims, and William H. Pryor, Jr., of Alabama, and Committee on the Judiciary: Subcommittee on Crime Rachel Elise Barkow, of New York, both to be a and Terrorism concluded a hearing to examine cyber Member of the United States Sentencing Commis- threats, focusing on law enforcement and private sec- sion, after the nominees testified and answered ques- tor responses, after receiving testimony from Jenny tions in their own behalf. A. Durkan, United States Attorney, Western District MINORITY WOMEN ENTREPRENEURS of Washington, and Joseph M. Demarest, Jr., Assist- ant Director, Cyber Division, Federal Bureau of In- Committee on Small Business and Entrepreneurship: Com- vestigation, both of the Department of Justice; mittee concluded a hearing to examine strengthening Kevin Mandia, Mandiant Corporation, Alexandria, the entrepreneurial ecosystem for minority women, Virginia; and Stewart A. Baker, Steptoe and Johnson after receiving testimony from Marie C. Johns, Dep- LLP, and Cheri F. McGuire, Symantec Corporation, uty Administrator, Small Business Adminstration; both of Washington, D.C. Alejandra Y. Castillo, National Deputy Director, Mi- nority Business Development Agency, Department of NOMINATIONS Commerce; Marc H. Morial, National Urban League, Committee on the Judiciary: Committee concluded a New York, New York; Sophia Parker, DSFederal, hearing to examine the nominations of Patricia E. Inc., Gaithersburg, Maryland; Dixie Kolditz, Brigh- Campbell-Smith, of the District of Columbia, and ton Enterprises Inc., Battle Ground, Washington; Elaine D. Kaplan, of the District of Columbia, both Marianne Lancaster, Lancaster Packaging Inc., Hud- to be a Judge of the United States Court of Federal son, Massachusetts; and Eva Longoria, Los Angeles. h House of Representatives Chu, Sewell, and Meng; and Senators Reid, Begich, Chamber Action Menendez, Cardin, McConnell, Cornyn, Barrasso, Public Bills and Resolutions Introduced: 33 pub- Murkowski, and Corker. Pages H2487–90 lic bills, H.R. 1867–1899; and 4 resolutions, H. Full Faith and Credit Act—Rule for Consider- Res. 206–209 were introduced. Pages H2532–35 ation: The House agreed to H. Res. 202, the rule Additional Cosponsors: Pages H2535–36 that is providing for consideration of H.R. 807, to Reports Filed: There were no reports filed today. require that the Government prioritize all obliga- tions on the debt held by the public in the event Speaker: Read a letter from the Speaker wherein he that the debt limit is reached, by a yea-and-nay vote appointed Representative Meadows to act as Speaker of 226 yeas to 199 nays, Roll No. 139, after the pre- pro tempore for today. Page H2487 vious question was ordered by a yea-and-nay vote of Recess: The House recessed at 9:04 a.m. for the 227 yeas to 199 nays, Roll No. 138. purpose of receiving Her Excellency Park Geun-hye, Pages H2495–H2502, H2522–23 President of the Republic of Korea. The House re- Working Families Flexibility Act of 2013: The convened at 12:01 p.m., and agreed that the pro- House passed H.R. 1406, to amend the Fair Labor ceedings had during the Joint Meeting be printed in Standards Act of 1938 to provide compensatory time the Record. Pages H2487, H2490 for employees in the private sector, by a recorded Joint Meeting To Receive Her Excellency Park vote of 223 ayes to 204 noes, Roll No. 137. Geun-hye, President of the Republic of Korea: Pages H2502–22 The House and Senate met in a joint session to re- Rejected the Shea-Porter motion to recommit the ceive Her Excellency Park Geun-hye, President of bill to the Committee on Education and the Work- the Republic of Korea. She was escorted into the force with instructions to report the bill back to the Chamber by a committee comprised of Representa- House forthwith with an amendment, by a recorded tives Cantor, McCarthy (CA), Walden, Lankford, vote of 200 ayes to 227 noes, Roll No. 136. Sessions, Royce, Camp, McKeon, Ros-Lehtinen, Pages H2520–21 Brady (TX), Chabot, Granger, Reichert, Rogers (AL), Pursuant to the rule, the amendment in the na- Poe, Pelosi, Hoyer, Clyburn, Becerra, Crowley, Israel, ture of a substitute recommended by the Committee Engel, Moran, Pascrell, Honda, Van Hollen, Matsui,

VerDate Mar 15 2010 02:46 Apr 24, 2014 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD13\RECFILES\MAY2013\D08MY3.REC D08MY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D417 on Education and the Workforce now printed in the WA; Kildee; Broun, GA; Lee; Fattah; Roskam; Barr; bill shall be considered as adopted. Pages H2502–03 Young, AK; Ros-Lehtinen; Crawford; Posey; Jackson Agreed to: Lee; DeSantis; Gabbard; Sherman; Pingree, ME; Gibson amendment (printed in H. Rept. 113–51) Pocan; Gosar; and Al Green, TX. that requires the GAO to submit a report to Con- gress on the usage of compensatory time allowed BUDGET REQUEST FOR MISSILE DEFENSE under the Act and detail any complaints filed or en- PROGRAMS forcement actions taken for alleged violations of the Act. The report will ensure Congress can monitor Committee on Armed Services: Subcommittee on Stra- any potential abuse of the Act (by a yea-and-nay tegic Forces held a hearing on Fiscal Year 2014 Na- vote of 384 yeas to 42 nays, Roll No. 135). tional Defense Authorization Budget Request for Pages H2516–20 Missile Defense Programs. Testimony was heard H. Res. 198, the rule providing for consideration from Madelyn Creedon, Assistant Secretary of De- of the bill, was agreed to yesterday, May 7th. fense for Global Strategic Affairs, Department of De- fense; J. Michael Gilmore, Director, Operational Test Recess: The House recessed at 3:32 p.m. and recon- and Evaluation, Department of Defense; Vice Admi- vened at 5 p.m. Page H2519 ral James D. Syring, USN, Director, Missile Defense Meeting Hour: Agreed that when the House ad- Agency. journs today, it adjourn to meet at 9 a.m. tomorrow. Page H2523 MISCELLANEOUS MEASURES Senate Message: Message received from the Senate Committee on Energy and Commerce: Subcommittee on by the Clerk and subsequently presented to the Health completed markup on H.R. 1407, to amend House today appears on page H2490. the Federal Food, Drug, and Cosmetic Act to reau- Quorum Calls—Votes: Three yea-and-nay votes thorize user fee programs relating to new animal and two recorded votes developed during the pro- drugs; and legislation to amend the Federal Food, ceedings of today and appear on pages H2519–20, Drug, and Cosmetic Act with respect to the pharma- H2521, H2521–22, H2522–23 and H2523. There ceutical distribution supply chain, and for other pur- were no quorum calls. poses. H.R. 1407 was forwarded, as amended; and Adjournment: The House met at 9 a.m. and ad- legislation to amend the Federal Food, Drug, and journed at 7:02 p.m. Cosmetic Act with respect to the pharmaceutical dis- tribution supply chain, and for other purposes was Committee Meetings forwarded, as amended. APPROPRIATIONS—ENVIRONMENTAL REAUTHORIZING THE DEFENSE PROTECTION AGENCY BUDGET PRODUCTION ACT Committee on Appropriations: Subcommittee on Inte- rior, Environment and Related Agencies held a hear- Committee on Financial Services: Subcommittee on ing on Environmental Protection Agency Budget. Monetary Policy and Trade held a hearing entitled Testimony was heard from Bob Perciasepe, Acting ‘‘Reauthorizing the Defense Production Act’’. Testi- Administrator, Environmental Protection Agency. mony was heard from David J. Kaufman, Associate Administrator, Policy, Program Analysis and Inter- APPROPRIATIONS—ARMY BUDGET national Affairs, Federal Emergency Management Committee on Appropriations: Subcommittee on Defense Agency, Department of Homeland Security; Kevin J. held a hearing on Army Budget. Testimony was Wolf, Assistant Secretary, Export Administration, heard from John M. McHugh, Secretary, United Department of Commerce; Brett B. Lambert, Deputy States Army; General Raymond T. Odierno, Chief of Assistant Secretary of Defense, Manufacturing and Staff, United States Army. Industrial Base Policy, Department of Defense. MEMBER’S DAY—FY 2014 NATIONAL DEFENSE AUTHORIZATION ACT THREAT OF CHINA’S UNSAFE Committee on Armed Services: Full Committee held a CONSUMABLES hearing on National Defense Priorities from Mem- Committee on Foreign Affairs: Subcommittee on Eu- bers for the FY 2014 National Defense Authoriza- rope, Eurasia, and Emerging Threats held a hearing tion Act. Testimony was heard from the following entitled ‘‘The Threat of China’s Unsafe Representatives: Stivers; Takano; Nunes; Cartwright; Consumables’’. Testimony was heard from public Thompson, PA; Blackburn; Hudson; Pierluisi; Heck, witnesses.

VerDate Mar 15 2010 02:46 Apr 24, 2014 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD13\RECFILES\MAY2013\D08MY3.REC D08MY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D418 CONGRESSIONAL RECORD — DAILY DIGEST May 8, 2013 TSA PROCUREMENT REFORM: SAVING of Veterans Affairs to include an appeals form in any TAXPAYER DOLLARS THROUGH SMARTER notice of decision issued for the denial of a benefit SPENDING PRACTICES sought; H.R. 570, the ‘‘American Heroes COLA Committee on Homeland Security: Subcommittee on Act’’; H.R. 1412, the ‘‘Improving Job Opportunities Transportation Security held a hearing entitled ‘‘TSA for Veterans Act of 2013’’; H.R. 357, the ‘‘GI Bill Procurement Reform: Saving Taxpayer Dollars Tuition Fairness Act of 2013’’; and H.R. 602, the Through Smarter Spending Practices’’. Testimony ‘‘Veterans 2nd Amendment Protection Act’’. The was heard from Karen Shelton Waters, Assistant Ad- following measures were ordered reported, as amend- ministrator, Office of Acquisition, Transportation Se- ed: H.R. 671; H.R. 1405; H.R. 1412; and H.R. curity Administration; Paul Benda, Director, Ad- 357. The following measures were ordered reported vanced Research Projects Agency, Science and Tech- without amendment: H.R. 570; and H.R. 602. nology Directorate, Department of Homeland Secu- INTERNAL REVENUE SERVICE’S COLLEGES rity; Stephen M. Lord, Director, Forensic Audits and AND UNIVERSITIES COMPLIANCE PROJECT Investigative Services, Government Accountability Committee on Ways and Means: Subcommittee on Office; and Charles K. Edwards, Deputy Inspector Oversight held a hearing entitled ‘‘Internal Revenue General, Department of Homeland Security. Service’s Colleges and Universities Compliance DOI HYDRAULIC FRACTURING RULE: A Project’’. Testimony was heard from Lois Lerner, Di- RECIPE FOR GOVERNMENT WASTE, rector, Exempt Organizations Division, Internal Rev- DUPLICATION AND DELAY enue Service. Committee on Natural Resources: Full Committee held a hearing entitled ‘‘DOI Hydraulic Fracturing Rule: Joint Meetings A Recipe for Government Waste, Duplication and IMMIGRATION Delay’’. Testimony was heard from Alan Olson, Montana State Senate, Chairman, Senate Energy and Joint Economic Committee: Committee concluded hear- Telecommunication Committee; Lynn D. Helms, Di- ings to examine immigration and its contribution to rector, North Dakota Department of Mineral Re- our economic strength, after receiving testimony sources; and public witnesses. from Madeline Zavodny, Agnes Scott College, Deca- tur, Georgia; and Steven A. Camarota, Center for BENGHAZI: EXPOSING FAILURE AND Immigration Studies, Washington, D.C. RECOGNIZING COURAGE UKRAINE LEADERSHIP OF THE OSCE Committee on Oversight and Government Reform: Full Committee held a hearing entitled ‘‘Benghazi: Ex- Commission on Security and Cooperation in Europe: Com- posing Failure and Recognizing Courage’’. Testi- mission concluded a hearing to examine Ukraine’s mony was heard from Mark Thompson, Acting Dep- leadership of the Organization for Security and Co- uty Assistant Secretary for Counterterrorism, Depart- operation in Europe, focusing on finding new ways ment of State; and public witnesses. to address protracted regional conflicts, energy secu- rity, and human dimension issues such as human RETROSPECTIVE REVIEW: HAVE EXISTING trafficking, tolerance, media freedom, democratic REGULATORY BURDENS ON SMALL elections and election observation, and efforts to im- BUSINESSES BEEN REDUCED prove implementation of commitments regarding Committee on Small Business: Full Committee held a fundamental human rights and freedom, after receiv- hearing entitled ‘‘Retrospective Review: Have Exist- ing testimony from Leonid Kozhara, Foreign Min- ing Regulatory Burdens on Small Businesses Been ister of Ukraine and Chair-in-Office of the Organiza- Reduced?’’. Testimony was heard from Polly tion for Security and Co-operation in Europe, Kyiv. Trottenberg, Under Secretary for Transportation for f Policy, Department of Transportation; Jeanne Hulit, Associate Administrator, Office of Capital Access, COMMITTEE MEETINGS FOR THURSDAY, Small Business Administration; and Cheryl Cook, MAY 9, 2013 Chief Information Officer, Department of Agri- (Committee meetings are open unless otherwise indicated) culture. Senate MISCELLANEOUS MEASURES Committee on Appropriations: Subcommittee on Agri- Committee on Veterans’ Affairs: Full Committee held a culture, Rural Development, Food and Drug Administra- markup on the following measures: H.R. 671, the tion, and Related Agencies, to hold hearings to examine ‘‘Ruth Moore Act of 2013’’; H.R. 1405, to amend proposed budget estimates for fiscal year 2014 for the title 38, United States Code, to require the Secretary Department of Agriculture, 10 a.m., SD–124.

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Subcommittee on Military Construction and Veterans Organizations, hearing entitled ‘‘Resolving International Affairs, and Related Agencies, to hold hearings to exam- Parental Child Abductions to Non-Hague Convention ine proposed budget estimates for fiscal year 2014 for the Countries’’, 10 a.m., 2172 Rayburn. Departments of Defense and Navy, 2 p.m., SD–124. Committee on Homeland Security, Full Committee, hearing Committee on Armed Services: Subcommittee on Strategic entitled ‘‘The Boston Bombings: A First Look’’, 9 a.m., Forces, to hold hearings to examine ballistic missile de- 311 Cannon. fense policies and programs in review of the Defense Au- Committee on Natural Resources, Subcommittee on Public thorization Request for fiscal year 2014 and the Future Lands and Environmental Regulation, hearing on H.R. Years Defense Program; with the possibility of a closed 1825, to direct Federal public land management officials session in SVC–217 following the open session, 2:30 to exercise their authority under existing law to facilitate p.m., SR–222. use of and access to Federal public lands for fishing, sport Committee on Environment and Public Works: business hunting, and recreational shooting, and for other pur- meeting to consider the nomination of Regina McCarthy, poses; H.R. 586, the ‘‘Denali National Park Improvement of Massachusetts, to be Administrator of the Environ- Act’’; H.R. 995, the ‘‘Organ Mountains National Monu- mental Protection Agency, 9:15 a.m., SD–406. ment Establishment Act’’; and H.R. 1411, the ‘‘California Committee on Health, Education, Labor, and Pensions: to Coastal National Monument Expansion Act of 2013’’, 10 hold hearings to examine pharmaceutical compounding, a.m., 1324 Longworth. focusing on a proposed legislative solution, 10 a.m., Committee on Oversight and Government Reform, Sub- SD–430. committee on Government Operations, hearing entitled Committee on the Judiciary: business meeting to consider ‘‘Federal Government Approaches to Issuing Biometric S. 744, to provide for comprehensive immigration reform, IDs’’, 9 a.m., 2154 Rayburn. and the nominations of Srikanth Srinivasan, of Virginia, Subcommittee on Federal Workforce, U.S. Postal Serv- to be United States Circuit Judge for the District of Co- ice, and the Census, hearing entitled ‘‘Is OPM Processing lumbia Circuit, Raymond T. Chen, of Maryland, to be Federal Worker Pension Claims on Time?’’, 9:30 a.m., United States Circuit Judge for the Federal Circuit, and 2247 Rayburn. Jennifer A. Dorsey, to be United States District Judge for Committee on Science, Space, and Technology, Subcommittee the District of Nevada, 9:30 a.m., SH–216. on Space; and Subcommittee on Research, hearing enti- Committee on Veterans’ Affairs: to hold hearings to exam- tled ‘‘Exoplanet Discoveries: Have We Found Other ine pending health care legislation, 10 a.m., SR–418. Earths?’’, 10 a.m., 2318 Rayburn. Select Committee on Intelligence: to hold closed hearings to Committee on Small Business, Subcommittee on Health examine certain intelligence matters, 2:30 p.m., SH–219. and Technology, hearing entitled ‘‘The Health Insurance Fee: Impact on Small Businesses’’, 10 a.m., 2360 Ray- House burn. Committee on Appropriations, Subcommittee on Defense, Committee on Transportation and Infrastructure, Full Com- hearing on Air Force Budget, 9:30 a.m., H–140 Capitol. mittee, markup on H.R. 3, the ‘‘Northern Route Ap- Committee on Armed Services, Subcommittee on Strategic proval Act’’; and H.R. 1092, to designate the air route Forces, hearing on Fiscal Year 2014 Budget Request for traffic control center located in Nashua, New Hampshire, Atomic Energy Defense Activities and Nuclear Forces as the ‘‘Patricia Clark Boston Air Route Traffic Control Programs, 9 a.m., 2118 Rayburn. Center’’, 9:30 a.m., 2167 Rayburn. Committee on Energy and Commerce, Subcommittee on En- Committee on Ways and Means, Subcommittee on ergy and Power, hearing entitled ‘‘American Energy Secu- Human Resources, hearing entitled ‘‘Letting Kids Be rity and Innovation: Grid Reliability Challenges in a Kids: Balancing Safety with Opportunity for Foster Shifting Energy Resource Landscape’’, 9 a.m., 2123 Ray- Youth’’, 9:30 a.m., 1100 Longworth. burn. House Permanent Select Committee on Intelligence, Full Committee on Foreign Affairs, Subcommittee on Africa, Committee, hearing entitled ‘‘Ongoing Intelligence Ac- Global Health, Global Human Rights, and International tivities, 9 a.m., HVC–304. This is a closed hearing.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, May 9 9 a.m., Thursday, May 9

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Complete consideration of H.R. morning business (not to extend beyond one hour), Senate 807—Full Faith and Credit Act. will continue consideration of S. 601, Water Resources Development Act.

Extensions of Remarks, as inserted in this issue

HOUSE Fincher, Stephen Lee, Tenn., E624 Pelosi, Nancy, Calif., E619 Frankel, Lois, Fla., E622 Peters, Scott H., Calif., E619 Bishop, Sanford D., Jr., Ga., E622 Garrett, Scott, N.J., E626 Rangel, Charles B., N.Y., E625 Bishop, Timothy H., N.Y., E623 Gerlach, Jim, Pa., E615 Reichert, David G., Wash., E623 Blumenauer, Earl, Ore., E624 Harris, Andy, Md., E615 Roby, Martha, Ala., E626 Boustany, Charles W., Jr., La., E618 Higgins, Brian, N.Y., E616 Rogers, Harold, Ky., E615 Brooks, Susan W., Ind., E624 Huizenga, Bill, Mich., E615 Capps, Lois, Calif., E616 Kind, Ron, Wisc., E615 Rokita, Todd, Ind., E622 Connolly, Gerald E., Va., E617, E625 Lee, Barbara, Calif., E616 Ruppersberger, C.A. Dutch, Md., E618 Conyers, John, Jr., Mich., E625 LoBiondo, Frank A., N.J., E617 Sanchez, Loretta, Calif., E618 Costa, Jim, Calif., E622 Long, Billy, Mo., E623 Schakowsky, Janice D., Ill., E620 Davis, Susan A., Calif., E618 Marchant, Kenny, Tex., E618 Smith, Christopher H., N.J., E616 Denham, Jeff, Calif., E620 Michaud, Michael H., Me., E620, E623, E625 Wolf, Frank R., Va., E619, E621

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