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

Vol. 159 WASHINGTON, THURSDAY, APRIL 18, 2013 No. 53 Senate The Senate met at 9:30 a.m. and was ator from the State of Hawaii, to perform lences to those who lost loved ones and called to order by the Honorable BRIAN the duties of the Chair. those who have people who were in- SCHATZ, a Senator from the State of PATRICK J. LEAHY, jured. Hawaii. President pro tempore. We will continue to follow the news Mr. SCHATZ thereupon assumed the from Texas as it develops today. I am PRAYER chair as Acting President pro tempore. going to do everything I can with my The Chaplain, Dr. Barry C. Black, of- f colleagues to ensure that this terrible fered the following prayer: tragedy has the resources of the Fed- RECOGNITION OF THE MAJORITY eral Government available to help the Let us pray. LEADER Hear our voice, O God, and listen to people of that city as they recover from this tragedy. our prayer. You know our inward The ACTING PRESIDENT pro tem- thoughts even before we think them. pore. The majority leader is recog- f nized. As we place our trust in You, enable us GUN VIOLENCE to experience Your joy. Breathe upon f Mr. REID. Mr. President, this Nation our Senators the fresh Spirit of Your SCHEDULE has simply dealt with too much—too love that old things will become new Mr. REID. Mr. President, following much—loss during these last few and the darkness will turn to dawn. months. Once again I offer my condo- Amid the dangers and destruction in leader remarks the Senate will resume consideration of the gun safety legisla- lences to the families who joined us our world, give us the miracle of Your here yesterday to honor the loved ones peace. Make us good stewards of the tion. The time until noon will be equal- ly divided and controlled for debate on they lost to gun violence and to lobby gifts You have given us. for stronger background checks. The the Barrasso and Harkin amendments. And, Lord, we ask You to comfort the mothers and fathers of the murdered At noon there with be two votes in victims and families affected by the ex- children from Newtown were here, fam- relation to those amendments. plosions in West, TX. ily and friends of those who were in- Following the votes the Senate will We pray in Your great Name. Amen. jured and killed in Aurora, CO, were recess until 2 p.m. to allow for some here. We had people here from the trag- f important caucus meetings. edy where 32, 33 people were killed in At 2 p.m. the Senate will proceed to Blacksburg, VA, at Virginia Tech. PLEDGE OF ALLEGIANCE executive session to consider the They were here yesterday. The Honorable BRIAN SCHATZ led the Torres and Watson nominations. We knew the effort to keep America’s Pledge of Allegiance, as follows: At about 2:15 p.m., then, there will be streets safe from gun violence would I pledge allegiance to the Flag of the a rollcall vote on confirmation of the not be easy. I commend Senator United States of America, and to the Repub- Torres nomination and an expected MANCHIN and others for setting aside lic for which it stands, one nation under God, voice vote on confirmation of the Wat- partisanship to negotiate this com- indivisible, with liberty and justice for all. son nomination. promise. Unfortunately, even though f f we got a strong, strong majority vote— EXPLOSION IN WEST, TEXAS well over 50—55 Senators voted in favor APPOINTMENT OF ACTING of this. And FRANK LAUTENBERG came. PRESIDENT PRO TEMPORE Mr. REID. Mr. President, there was a He had not been here for a while. He new tragedy during the night, and our The PRESIDING OFFICER. The has been ill. He voted. We voted with a thoughts are with the people of West, strong majority to change things here clerk will please read a communication TX. Our thoughts are with all of Texas to the Senate from the President pro in America so that people who have se- in the wake of a terrible explosion of a rious mental illness would have to have tempore (Mr. LEAHY). fertilizer factory in the town, as I have a background check before they can The assistant legislative clerk read indicated, of West, just outside of the following letter: buy a gun or that criminals would have Waco. The extent is being estimated at to have a background check before U.S. SENATE, this time—5 to 15 dead, a couple hun- they can buy a gun. PRESIDENT PRO TEMPORE, dred who were injured. Washington, DC, April 18, 2013. Even people who are selling the guns To the Senate: But I am troubled and feel so badly think there should be some background Under the provisions of rule I, paragraph 3, about those who were hurt. They were check. The man who sold the gun to of the Standing Rules of the Senate, I hereby working. They were sleeping. They the man who walked into the court- appoint the Honorable BRIAN SCHATZ, a Sen- were having dinner. I offer my condo- house in Las Vegas and blasted away—

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

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VerDate Mar 15 2010 23:29 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A18AP6.000 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2776 CONGRESSIONAL RECORD — SENATE April 18, 2013 that man who sold that gun said he GRAHAM, BENNET, RUBIO, and FLAKE much different than other places peo- sold guns to lots of people who were worked very hard on this legislation. ple on that committee come from bad people, but he did it legally. He All one needs to do is look at the legis- around the country, but he brought it thinks the law should be changed. So lative pedigree of these eight Senators. forward, and everything we voted on as the vast majority of the Senate agreed They are all over the book—liberal, the base bill came out of that com- that should be the case. But we could conservative, moderate. And that is mittee. not get to 60, the magic number here in the way it should be. It is the same as is going to happen the Senate. I commend each of them for setting on immigration. Senators—these Yesterday the families of gun vio- partisanship aside—both Democrats eight—a significant number of them lence victims watched as Republicans and Republicans setting partisanship want to do hearings. They want to have defeated a commonsense proposal to aside—on an issue that is critical to a markup. Other Senators said: Let’s expand background checks that has the our great Nation. The four Democrats just move to the floor. Well, there are support of 90 percent of Americans. did not get everything I wanted in that a number of Senators who believe it But make no mistake, the debate is legislation they now have before the should come out of the committee not over. This is not the end of the American people. They did not give me, first, so that is what is going to hap- fight. Republicans are in an they did not give Democrats every- pen. So I commend Senator LEAHY for unsustainable position—crosswise with thing they wanted in these negotia- agreeing to do this. 9 out of 10 Americans. tions. But, as I have said on this floor He is going to have a hearing tomor- In an event we did out this backdoor numerous times, that is what legis- row and another one on Monday. He yesterday, Senator SCHUMER said—I lating is. It is the art of compromise. It has estimated a time for the markup. think he summed it up about as well as is not the art of getting everything you So I commend him for his leadership you could when he said: America today want. with Judiciary. on background checks is in about the I have been in this body a long time, I repeat, I look forward to hearings same place America was a few years and I have been very fortunate to put on this measure before the committee, ago dealing with immigration, gay my name on things that have passed and to a thoughtful debate on the Sen- marriage, and things related to gender here, and I have helped guide things ate floor. equality. through this Senate in the last many We are going to have ample time to I believe Senator SCHUMER is right. years. I have to on occasion swallow discuss and consider this legislation. I This is the beginning, and it has to hard and say: Well, we are going to am going to do what I can to get this happen. Anytime in America, on those have to compromise here to get this bill across the finish line, which I rare occasions when 90 percent of the done. think we are going to do. I think we American people agree something That is what we need to do. People are going to do it pretty soon. should be done, it should be done. And have been in a situation where they f it will be done. It is only a question of have been unwilling to compromise. MAIL SAFETY time. There are things that have happened in The brand of the Republicans is fur- the great history of this body that have Mr. REID. Mr. President, we deal ther tarnished by going against what 90 come by compromise. I have never ever with a lot of controversial things. That percent of the American people want. gotten everything I wanted. Repub- is the way it has always been here. We Democrats will continue to stand with licans in these negotiations dealing deal with controversial issues that elic- the families from Newtown, Aurora, with immigration, I guarantee you, did it passionate responses, including the Tucson, Carson City, and I assure the not get everything they wanted, just as immigration proposal I just outlined 90 percent of Americans who support Democrats did not. and the antiviolence legislation I meaningful background check legisla- But I am satisfied with this legisla- talked about earlier. We try to deal tion that I personally will continue tion. It continues to secure our bor- with these issues thoughtfully and this fight. ders, the northern and southern bor- with respect. Those who serve and f ders. It improves our dysfunctional work in the Senate do so out of a sense legal immigration system. Our immi- of patriotism and a love of country. IMMIGRATION gration system is broken, and has been I disagree with a number of my Re- Mr. REID. Mr. President, the Senate for quite some time, and needs to be publican Senators. JEFF SESSIONS and suffered a notable and stunning defeat fixed. I—I do not think we have ever voted on of bipartisanship this week during the Another thing that is important, it anything the same way, but I have tre- debate over background checks. They requires 11 million people who are un- mendous respect for him as a person. said a week ago we would never get on documented to pass a criminal back- He does what he believes is right. His the bill, but the Senate joined together ground check, pay fines, start on a colleague from Alabama, RICHARD and we got on the bill. Then yesterday, path to citizenship, and, yes, learn SHELBY, is one of my dear friends. He as I have indicated earlier, we got a English. It does not put them at the and I do not vote much alike, but our significant majority of the Senate vot- head of the line; it puts them at the relationship is one of respect and admi- ing to move forward on this back- back of the line. It takes about 12 or 13 ration for each other. That is what we ground check. Ninety percent of the years to finally get up there. But at have to do in this body. Democrats, which is in keeping with least the program is moving forward. I I never question the patriotism or the American people, and four valiant look forward to hearings on this meas- love of country of any Senator because Republicans joined to put us where we ure that will be led by Senator LEAHY. if I did, I would be wrong. So it was are today. Mr. President, I want to take a deeply disturbing that an anonymous But the week did not bring only bad minute to commend Chairman LEAHY. individual would attempt to send dead- news from the legislative front. A bi- He is the most senior Member of the ly poison to Senate offices as well as partisan group of eight of my Senate Senate, he is the President pro tempore the White House. It appears that with colleagues—it would never have hap- of the Senate, but he also has an im- the swift action of the Capitol Police pened a few years ago, but it is going portant responsibility as chairman of and Federal law enforcement officials, to happen now. As I indicated, quoting the Judiciary Committee. the suspect in these cowardly, anony- Senator SCHUMER, background checks The reason we were able to get the mous attacks has been apprehended. I is about where immigration was just a legislation on the floor that we have hope he will be brought to justice very few years ago. A bipartisan group of been working on this past few weeks is soon. my Senate colleagues—four Democrats because of Senator LEAHY, because he We should all understand that inci- and four Republicans—from all dif- had his committee—even though, as I dent does not appear in any way to be ferent political persuasions introduced have just indicated, Senator LEAHY did related to the tragedy in Boston. Nev- a comprehensive plan to reform our not agree with everything that came ertheless, it is a reminder to the Sen- broken immigration system. Senators out of that committee of his; he comes ate community and to all Americans to SCHUMER, MCCAIN, DURBIN, MENENDEZ, from the State of Vermont which is remain vigilant during these unsettling

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Businesses have reportedly stayed open throughout the night and neigh- enough. It is good. I remember what The ACTING PRESIDENT pro tem- bors have opened their doors to help happened when we had anthrax with pore. Under the previous order, the support the victims. As is so often the Senator Daschle and Senator LEAHY in time until 12 noon will be equally di- case, ordinary citizens ran toward dan- previous years. So the system that is vided and controlled between the two ger as they offered assistance. One resi- in place to protect the Senate commu- leaders or their designees. dent loaded his car with people and nity has worked. That is good. These Mr. MCCONNELL. Mr. President, I made three successive trips to the hos- suspicious letters were found and inter- suggest the absence of a quorum. pital. This morning, as I was waking up cepted before they reached the Capitol. The ACTING PRESIDENT pro tem- and watching the news, I saw one gen- I applaud the postal employees and pore. The clerk will call the roll. tleman who said he made multiple law enforcement officials who detected The assistant legislative clerk pro- trips into the nursing home for nursing and neutralized this threat. I commend ceeded to call the roll. home residents who were not able to the Senate Sergeant at Arms, Chief Mr. CORNYN. Mr. President, I ask walk out themselves, to bring them to Gainer, and the Capitol Police for their unanimous consent that the order for diligent work to keep the Senate com- safety. the quorum call be rescinded. As one police officer at the scene munity safe. I rest easier knowing the The ACTING PRESIDENT pro tem- safety of everyone who works and vis- said, ‘‘The people of West will not let a pore. Without objection, it is so or- person stand out in the rain.’’ its the Capitol is their first priority. I dered. know that to be the case. We, of course, grieve for those who PRAYERS FOR WEST, TEXAS I apologize to my friend the Repub- lost their lives and we pray for those Mr. CORNYN. Mr. President, it is lican leader for talking longer than I who are injured and still missing. I ask perhaps an understatement to say that usually do. all Americans to keep the people of it has been a difficult week for our West, TX, in their thoughts and pray- f country. ers. RECOGNITION OF THE MINORITY As Americans hold the city of Boston GUN LEGISLATION LEADER in their thoughts and prayers, I come Mr. President, on another note—and The ACTING PRESIDENT pro tem- to the floor to ask for another prayer I say this more in sadness than in pore. The minority leader is recog- for the small town of West, TX, in anger—I watched the President of the nized. McLennan County, which is very close United States say it was a pretty to Waco, TX. shameful day for Washington—on the f I just got off the phone talking to the national news. That was yesterday. I TEXAS TRAGEDY county judge, Scott Felton, and he de- agree, but for different reasons than Mr. MCCONNELL. Mr. President, I scribed for me the terrible tragedy that the President himself articulated. would like to say a brief word about occurred last night and the ongoing ef- When good and honest people have hon- last night’s tragedy near Waco. From forts to recover from that tragedy. est differences of opinion about what the media reports we have seen, there Apparently a fire started at an am- policies our country should pursue have clearly been a great many injuries monia facility that then caught some when it comes to the Second Amend- and a terrible loss of life. We are all tanks of anhydrous ammonia on fire ment and gun rights and mass gun vio- thinking of and praying for the victims and they literally exploded. And for lence, the President of the United and their families. those who aren’t aware of the use of States should not accuse them of hav- Given the horrendous event at the anhydrous ammonia, it is actually a ing no coherent arguments or caving to Boston Marathon on Monday, followed source of nitrogen used in the cultiva- the pressure. The President could have by the event near Waco last night, it tion of crops. You can imagine that at taken the high road, could have said, has been a very difficult week for all of this time of year, springtime, when ok, now that we have been unsuccessful us. Our hearts are a little bit heavier. planting is starting, there is a lot of in these measures, let’s move on to the I yield the floor. use for this essential fertilizer. area where we know there is consensus The fire started at about 7:30 last f and that has to do with the mental night, and the volunteer fire depart- health element in so many of these RESERVATION OF LEADER TIME ment/first responders were called. The mass gun tragedies. The ACTING PRESIDENT pro tem- problem was they showed up for a fire Instead, he chose to take the low pore. Under the previous order, the but ultimately ended up being victims road. I agree with him it was a truly leadership time is reserved. of the explosions that ensued a short shameful day. I and many of my col- time thereafter when tanks of this an- f leagues are not worried, as some of the hydrous ammonia exploded. They don’t press like to portray it, about the gun SAFE COMMUNITIES, SAFE yet know the number of fatalities. lobby who would spend a lot of money SCHOOLS ACT OF 2013 I saw in press reports it could be be- and paint us as anti-Second Amend- The ACTING PRESIDENT pro tem- tween 5 and 15. Judge Felton tells me ment. I don’t work for them. I don’t pore. Under the previous order, the he fears it could be on the higher side listen for them. I work for 26 million Senate will resume consideration of S. of that number or even higher; they Texans, and I am proud to represent 649, which the clerk will report by just don’t know. They are continuing them. The views I represented on the title. to try to find the victims and help floor of the Senate are their views. If I The assistant legislative clerk read those who need help. do not represent their views, then I am as follows: We do know more than 100 people accountable to them and no one else, A bill (S. 649) to ensure that all individuals were wounded. An unknown number and, no, those of us who did not agree who should be prohibited from buying fire- have lost their lives, as I said, but we with the President’s proposals are not arms are listed in the national criminal do know that among the dead are a being intimidated, as he said yester- background check system and require a number of firefighters, volunteer fire- day. It is false, it is absolutely false to background check for every firearm sale, and fighters, and other first responders. As say it comes down to politics, as he for other purposes. typical, and as we actually saw in Bos- said. Pending: ton, during a time of crisis in tight- For me, it comes down to a meeting Barrasso amendment No. 717, to withhold 5 knit communities such as West and cit- I had with the families who lost loved percent of Community Oriented Policing ies such as Boston, we see some acts of ones at Sandy Hook Elementary

VerDate Mar 15 2010 23:29 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G18AP6.006 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2778 CONGRESSIONAL RECORD — SENATE April 18, 2013 School. I told them I was not inter- the FBI maintains, depends on the these tragedies from occurring in the ested in symbolism, in things we might States sending information to the FBI future. be able to do that would have had no that they could use to screen out gun I yield the floor and suggest the ab- impact on the terrible tragedy that day buyers. As a matter of fact, the shooter sence of a quorum. or in Tucson or at Virginia Tech or in at Virginia Tech had been adjudicated The ACTING PRESIDENT pro tem- Aurora, CO. I am not interested in mentally ill by the State of Virginia, pore. The clerk will call the roll. passing legislation that would have had but that information was never for- The legislative clerk proceeded to no impact on those incidents and then warded to the FBI to be used on a call the roll. patting ourselves on the back and con- background check so he could therefore Mr. SESSIONS. Mr. President, I ask gratulating ourselves, saying, haven’t purchase weapons without a hit occur- unanimous consent the order for the we done a wonderful thing, when in ring on the NICS background check quorum call be rescinded. fact it would be to celebrate symbolism system. The ACTING PRESIDENT pro tem- over solutions. I am interested in try- After 2008, we passed legislation en- pore. Without objection, it is so or- ing to come up with a solution. couraging the States, trying to dered. I told them that day, the family incentivize them to send that informa- Mr. SESSIONS. I ask unanimous con- members who came to visit with me as tion to the FBI so that would not hap- sent to speak as in morning business we grieved with them for their terrible pen again. We know from the Govern- for up to 10 minutes. loss, I told them that as I understood ment Accountability Office, the GAO, The ACTING PRESIDENT pro tem- what they were telling me, they were that the record of compliance with pore. Without objection, it is so or- not coming to sell a particular polit- that law is dismal indeed. Many States dered. ical point of view or an agenda or legis- simply have not done it. I believe there THE CDH RESOLUTION lative laundry list of things they want- are things we can do to further Mr. SESSIONS. Mr. President, I rise ed to see passed. It boiled down to this. incentivize the States to send that in- today to discuss S. Res. 85. I am These families—who lost children and formation so the background check pleased that the Senate has unani- parents and spouses—want to make system, maintained by the FBI, actu- mously declared April as National Con- sure their loved one did not die in vain. ally works to preclude shooters such as genital Diaphragmatic Hernia Aware- They want to make sure something the Virginia Tech shooter from legally ness Month. I would like to thank my good comes out of this terrible tragedy. buying weapons because there would be friend and able colleague, Senator BEN Why wouldn’t we want to work to- a hit on the background check system CARDIN of Maryland, for joining me in gether to try to help them achieve and he would be stopped from that this legislation. This Resolution is their goals? source of these weapons. very important to me and my family, The President indicated yesterday We know in Tucson, for example, the as my grandson, Jim Beau, is a CDH that the legislation he actually was shooter there failed a drug test when survivor. pursuing, the so-called assault weapons he tried to volunteer for the military. CDH is a birth defect that occurs ban, the background check bill, and That is also a disqualifying incident when the fetal diaphragm fails to fully others—he said none of that legislation that had it been reported to the back- develop. The lungs develop at the same would have solved the problem these ground check system, as it could have time as the diaphragm and the diges- families were experiencing. I happen to and should have been, would have pre- tive system. When a diaphragmatic agree with that part of what he said. vented him from purchasing weapons hernia occurs, the abdominal organs But instead of calling the President legally without being blocked by a hit move into and develop in the chest in- names and taking the low road as he on the background check system. Why stead of remaining in the abdomen. did yesterday and chastising my fellow in the world wouldn’t we look for ways With the heart, lungs, and abdominal Senators for their good-faith disagree- to improve the current background organs all taking up space in the chest, ment on the best policies to pursue in check regime, to stop people like that the lungs do not have space to develop order to make sure these families’ loss from buying weapons and committing properly. This may cause the lungs to was not in vain, I am here to ask for these mass atrocities? be small and underdeveloped. his help. I am here to ask for the help I believe there is actually a way for- A diaphragmatic hernia is a life- of every Member, to try to make sure ward for us, and I hope Senator REID, threatening condition. When the lungs we actually continue to look for meas- the majority leader, who controls the do not develop properly during preg- ures we might be able to get behind to agenda on the Senate floor, will not nancy, it can be difficult for the baby actually make things better, that choose to quit in our effort to try to to breathe after birth or the baby is would have offered a solution to some find solutions, indeed something we unable to take in enough oxygen to of these problems. need to pursue instead of just symbolic stay healthy. I have heard Senator FEINSTEIN, who gestures which would have had no im- CDH will normally be diagnosed by so eloquently spoke in favor of her pro- pact on these mass gun tragedies. prenatal ultrasound, as early as the posed assault weapons ban. She con- We do not know what the majority 16th week of pregnancy. If undiagnosed ceded—I think as she had to—that leader is going to choose to do. He may before birth, the baby may be born in a Adam Lanza would not have been choose to get off the gun bill and get facility that is not equipped to treat stopped by an assault weapons ban be- onto other business. It is his preroga- its compromised system because many cause he stole weapons his mother le- tive to file the appropriate paperwork CDH babies will need to be placed on a gally possessed, and he murdered his to ask the Senate to do that. But it is heart-lung bypass machine, which is own mother before he then went to our prerogative to say, no, we believe not available in many hospitals. All ba- Sandy Hook Elementary School and we ought to stay on this topic until we bies born with CDH will need to be murdered innocent children and other pass commonsense solutions that cared for in a Neonatal Intensive Care adults. The background check bill would actually make a difference in Unit, NICU. would not have had any impact on terms of these mass tragedies, and so Babies born with CDH will have dif- that. As Senator FEINSTEIN conceded, these families could say, no, my loved ficulty breathing as their lungs are as she must, neither would the assault one—amidst all this terrible tragedy, often too small, biochemically and weapons ban we voted on yesterday. amidst this terrible grief and heartache structurally immature. As a result, the What might have an impact on inci- they are experiencing that we can all babies are intubated as soon as they dents such as occurred at Virginia just barely imagine, that they can say are born, and parents are often unable Tech? What might have had an impact something good came out of their loss to hold their babies for weeks or even on incidents that occurred in Tucson, because Congress moved forward, put- months at a time. where Congresswoman Gabby Giffords ting politics aside, setting the talking Most diaphragmatic hernias are re- was shot and others killed? We know points aside, and looked for some sort paired with surgery 1 to 5 days after the background check system, the Na- of common ground that would advance birth, usually with a GORE-TEX patch. tional Instant Criminal Background the cause of public safety and, hope- The abdominal organs that have mi- Check System, the NICS system that fully, just hopefully, prevent some of grated into the chest are put back

VerDate Mar 15 2010 23:29 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G18AP6.008 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 18, 2013 CONGRESSIONAL RECORD — SENATE S2779 where they are supposed to be and the old. Unfortunately, it turned out that The first words I heard when Vice hole in the diaphragm is closed, hope- the hernia was worse than they ex- President BIDEN banged the gavel to fully allowing the affected lungs to ex- pected. The hole in his diaphragm was end the vote on the background check pand. Hospitalization often ranges very large, and he had almost no pos- bill yesterday were, ‘‘Shame on you.’’ from 3 to 10 weeks following the proce- terior diaphragm. His intestines, ‘‘Shame on you’’ were the words of a dure, depending on the severity of the spleen, and one kidney were up in his rightfully angry mother of a Virginia condition. chest. Tech student who was shot in the head Survivors often have difficulty feed- Thankfully, Jim Beau did not have to twice 6 years ago this week. This ing, some require a second surgery to go on a heart-lung bypass machine, but heartbroken mother had the courage control reflux, others require a feeding he was on a ventilator for 12 days and and the fortitude to say the words that tube, and a few will reherniate and re- on oxygen for 36 days. In total, he was all of us who have been fighting for quire additional repair. in the NICU for 43 days before he was commonsense laws to reduce gun vio- Awareness, good prenatal care, early able to go home. lence felt at that moment. diagnosis, and skilled treatment are Fortunately for my family, and thou- Shame on us. Shame on the Senate. the keys to a greater survival rate in sands of similar families across the It was, in fact, a shameful day for this these babies. That is why this resolu- United States, a number of physicians Nation and for our democracy. The tion is so important. are doing incredible work to combat hardest part of that day was to explain Congenital diaphragmatic hernia is a CDH. to the loved ones who lost children, birth defect that occurs in 1 out of The CDH survival rate at Shands spouses, family members in Newtown every 2,500 live births. Every 10 min- Children’s Hospital in Gainesville, FL, that day how 90 percent of the Amer- utes a baby is born with CDH, adding where my grandson was treated, is un- ican people—the majority of gun own- up to more than 600,000 babies with precedented. The survival rate of CDH ers and even NRA members—and 54 CDH since just 2000. CDH is a severe, babies born at Shands is between 80 Members of the Senate could favor a sometimes fatal defect that occurs as percent and 90 percent, while the na- proposal that failed to become law. often as cystic fibrosis and spina bifida. tionwide average is significantly lower. How could that be in a democracy? Yet, most people have never heard of Dr. David Kays, who was the physi- Part of the answer relates to the fili- CDH. cian for my grandson’s surgeries, uses buster, which is a now proven des- The cause of CDH is unknown. Most gentle ventilation therapy as opposed picable antidemocratic feature of this cases of diaphragmatic hernia are be- to hyperventilation. Gentle ventilation body. I have voted several times to, in lieved to be multi-factorial in origin, therapy is less aggressive and therefore effect, eliminate it, and yesterday’s meaning both genetic and environ- protects the underdeveloped lungs. My vote was a nail in the coffin of the fili- mental are involved. It is thought that family was very lucky that Jim Beau’s buster because the American people multiple genes from both parents, as defect was caught before he was born, simply will not stand for a result that well as a number of environmental fac- and that they were in the right place so typifies an antidemocratic result tors that scientists do not yet fully un- to seek excellent care for his CDH. but, even more, an antidemocratic derstand, contribute to the develop- The resolution Senator CARDIN and I process. The filibuster fight is for another ment of a diaphragmatic hernia. introduced is important because it will Up to 20 percent of cases of CDH have bring awareness to this birth defect, day. The fight today is to continue this a genetic cause due to a chromosome and this awareness will save lives. Al- effort against gun violence. I will pledge to every Member of this body, defect or genetic syndrome. though hundreds of thousands of babies every person in Connecticut, and any- Approximately 40 percent of babies have been diagnosed with this defect, one who is engaged in this fight, that I born with CDH will have other birth the causes are unknown and more re- will continue with redoubled deter- defects, in addition to CDH. The most search is needed. Every year more is mination. common is a congenital heart defect. learned and there are more successes. I When I tried to explain to one of the In 2009, my grandson Jim Beau was hope my colleagues will join me in sup- family members yesterday how this diagnosed with CDH during my daugh- porting this legislation to bring aware- process could be so broken and reach ter Mary Abigail’s 34th week of preg- ness to CDH. such an intolerable result, I said: We nancy. Although she had both a 20- Tomorrow, April 19, is the Inter- are not done. And she said to me: We week and a 30-week ultrasound, the national Day of Congenital Diaphrag- are not even close to done. nurses and doctors did not catch the matic Hernia Awareness. In commemo- So resolute and resilient are these disease on the baby’s heartbeat mon- ration of this day, a march, the Parade families that they should inspire us itor. of Cherubs, will take place tomorrow and uplift us in their determination to Thankfully, when Mary Abigail, her here in Washington, DC. We will be continue this work for the sake of the husband Paul, and daughter Jane joined in our efforts by multiple cities loved ones they lost and to keep faith Ritchie moved to southeast Georgia, across the Nation, all of which are with the 3,400 innocent people who the baby’s irregular heartbeat was hosting their own Parade of Cherubs. have perished as a result of gun vio- heard at her first appointment with her Events like these will help increase lence since December 14 and the thou- new OB. She was sent to Jacksonville awareness of this devastating birth de- sands who perished before. for a fetal echo. fect. It is not just our opportunity in the The technician there told her that I thank the Chair and yield the floor. Senate—one of the great institutions she wasn’t going to do the echo because The PRESIDING OFFICER. Without in the history of the world—but our ob- there was something else wrong with objection, it is so ordered. ligation, as public officials and as the baby. She asked my daughter if she The assistant legislative clerk pro- Members of a body that holds a trust had ever heard of congenital diaphrag- ceeded to call the roll. for democracy and for safety, to pro- matic hernia. Of course, she had not, Mr. BLUMENTHAL. Mr. President, I vide better security for our people and and at that time our family did not ask unanimous consent that the order our children. know the extent of our grandson’s for the quorum call be rescinded. The mother of that Virginia Tech birth defect. The ACTING PRESIDENT pro tem- student was sitting in the same gallery My daughter and her family moved pore. Without objection, it is so or- with those members of Newtown, CT, to Gainesville, FL, on November 16 and dered. who lost 20 precious, beautiful children Jim Beau was born 2 weeks later on Mr. BLUMENTHAL. Mr. President, I and six brave, great educators. They November 30. They heard their son cry am here today with sadness and anger were keeping vigil as the Senate turned out twice after he was born, right be- after one of the saddest and most trou- its back on them. fore they intubated him, but they were bling days in my career in public serv- Despite their profound and harrowing not allowed to hold him. ice. Yesterday the Senate turned its loss, those parents, husbands and The doctors let his little lungs get back on the families of Newtown—some wives, sons and daughters, sisters and strong before they did the surgery to of them sitting in this very gallery, brothers, grandmothers and grand- correct the hernia when he was 4 days along with victims of other shootings. fathers have kept faith. They have

VerDate Mar 15 2010 23:29 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G18AP6.010 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2780 CONGRESSIONAL RECORD — SENATE April 18, 2013 spent the last 4 months tirelessly and their own leadership and follow their I yield the floor, and I suggest the ab- relentlessly advocating for changes and hearts and consciences—Senators sence of a quorum. reforms in our gun laws so that the loss MCCAIN, COLLINS, KIRK, and TOOMEY. The PRESIDING OFFICER (Mr. MUR- they suffered will not have been in The American people will thank you. PHY). The clerk will call the roll. vain. Still, the Senate failed in its re- There are Democrats who took some The bill clerk proceeded to call the sponsibility in turning its back on tough votes—tough votes particularly roll. them. for their States. I thank Senators Mr. LEAHY. I ask unanimous con- I do not want to relive December 14 HAGAN, CASEY, LANDRIEU, HEINRICH, sent that the order for the quorum call when I went to Sandy Hook and heard MARK and TOM UDALL, JON TESTER, and be rescinded. and saw the grief and pain of those par- Senator SHAHEEN. These Senators put The PRESIDING OFFICER. Without ents and loved ones as they emerged saving lives above the politics of the objection, it is so ordered. from the firehouse. That unspeakable moment. They showed true leadership AMENDMENT NO. 717 and unimaginable horror I do not want in the face of lies and fearmongering. The PRESIDING OFFICER. Under to see again. They deserve our thanks and praise. the previous order, there will now be 2 Yesterday was demoralizing and dis- I wish to pay tribute to the Senators minutes of debate equally divided prior couraging but not defeating because, who have led this effort over many to a vote in relation to amendment No. ultimately, this reform will be delayed years: Senators FEINSTEIN, LAUTEN- 717 offered by the Senator from Wyo- but not denied. BERG, SCHUMER, and DURBIN. I thank ming, Mr. BARRASSO. The massacre of 20 innocent children my colleague CHRIS MURPHY for his The Senator from Wyoming. and their teachers will bring us, ulti- leadership and his courage. Senators Mr. BARRASSO. Mr. President, this mately, to our senses, but so will the FEINSTEIN, LAUTENBERG, SCHUMER, and amendment protects the privacy and violence, carnage, and killing since DURBIN have been a tireless foursome safety of law-abiding gun owners. When then. In the words of Mark Barden, on behalf of this fight. They have been government officials release gun own- whose son Daniel is in this picture: We dogged and determined. No amount of ership information, it puts many lives are not defeated. We are here now. We NRA deception or dishonesty has de- at risk. This includes the lives of law- will always be here because we have no terred them or stopped them. ful gun owners, the lives of law en- other choice. The ‘‘Connecticut effect’’ I thank the majority leader, HARRY forcement, and the lives of victims of is not going away. The Bardens are not REID, for his courage. He has per- domestic violence. going away, nor are any of the New- severed in seeking a path forward on State or local governments which re- town families. The advocates of sen- this legislation in the face of some of lease private gun owner information sible, commonsense gun reform are not the most difficult political and proce- will be penalized 5 percent of their Fed- going away. We are here to stay. dural obstacles. He has been as pas- eral program funding. This includes the For Mark and Jackie Barden and all sionate and persevering in this cause as release of private information on indi- of the other families from Newtown any one of the advocates in these last viduals who have licenses to purchase, and every other victim of gun violence weeks. possess, or carry firearms. The funding in this country, there is no going back. If you want to know the definition of which is withheld will then be redis- There is no turning back the page. We ‘‘resilient,’’ look up ‘‘FRANK LAUTEN- tributed to the States which are in must simply move on to the next issue. BERG’’ in the dictionary because there compliance. This amendment will en- As the bicycle team who came from he was, right here yesterday, after sure gun owners across the Nation do Newtown to Washington, Team 26, said, weeks of debilitating illness, with his not have their private gun owner infor- we must go on pedaling. The only way wife Bonnie in the gallery. She cheered mation publicly released. to keep a bicycle upright is to move him on, and so did we. Nothing was I urge all Senators to support the forward. That is a simple lesson of life going to keep him from voting on the amendment. the families of Newtown learned in gun control bills he had championed The PRESIDING OFFICER. The Sen- their horrific tragedy. I will continue for a lifetime. ator from Vermont. to stand with them and all of the other In moving forward, let’s take heart Mr. LEAHY. Mr. President, this is a victims of gun violence to work, to and inspiration from the families of case of Washington being Big Brother fight another day. Newtown, who have been resolute and and telling each one of the States— I say to every one of my colleagues, resilient at every turn, from the con- whether it is Wyoming, Vermont, or my friends who sided with the pro- tinued strength of the advocates, from Connecticut—what they must do. We ponents of fear, do not underestimate the courage of our colleagues who have no idea how it will affect them. the power of the Newtown families and stood strong yesterday, and from the We do know it is going to cut off a lot the other victims of gun violence. They American people. of money to law enforcement because are not going away. They will help to I have said, along with others, that it is telling States, even though the hold accountable and answerable to the at the end of the day the American State legislators have gone out for the people of America the actions that people would be the ones to make a dif- year, they need to have a one-size-fits- were taken here, the votes that were ference. Their rage and disbelief is pal- all. There has not been a hearing on it. cast. Votes have consequences, just as pable. They will be there for Daniel It is a feel-good amendment. It will elections do. The people of America Barden. He is only one among thou- hurt our States but, most importantly, will remember. Our job now is to raise sands. We have seen their pictures. it will hurt law enforcement. awareness, spread the rage that we They have been on display on this If you wish to have a discussion on feel, raise that rage, and organize and floor. Their names have been recited this subject, that is fine. Let’s have a enable and empower citizens to be and their memories revived. hearing. Let’s find out what it is. To do heard and heeded by this body, whether Yesterday the Senate said no to this feel-good amendment and inform in the next election or before then. My America, but the people of America every one of our 50 States there is 2 hope is that it will be before then be- will not take no for an answer. As Mar- minutes of debate, inform our 50 States cause we must act before the next elec- tin Luther King said, ‘‘The arc of his- we know better than they do and this tion. That action is an opportunity, a tory is long, but it bends towards jus- is what they should do, makes no historic moment we must seize. tice.’’ We are on the right side of his- sense. Not everyone in this body turned tory, which will eventually vindicate I oppose the amendment. their back on the victims of Newtown this cause. I look forward to being I ask for the yeas and nays. or on this cause yesterday. There were here, if not within days, at least in the The PRESIDING OFFICER. Is there a genuine profiles in courage on this very near future when we take another sufficient second? floor, in this body: first and foremost, vote and we stand 60 or more strong to There is a sufficient second. Senator MANCHIN, who led the fight on make sure that Daniel Barden’s mem- The question is on agreeing to the background checks and forged a com- ory is not in vain and that his brave Barrasso amendment. promise that should have won the day, parents are also vindicated in their The clerk will call the roll. and Republicans who chose to buck trust in us. The bill clerk called the roll.

VerDate Mar 15 2010 23:29 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G18AP6.012 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 18, 2013 CONGRESSIONAL RECORD — SENATE S2781 Mr. DURBIN. I announce that the prevention and also helping children NAYS—2 Senator from Massachusetts (Mr. recover from traumatic events. Lee Paul COWAN), the Senator from New Jersey I wish to make it clear this amend- NOT VOTING—3 (Mr. LAUTENBERG), and the Senator ment passed our committee last week Cowan Lautenberg Warren from Massachusetts (Ms. WARREN) are unanimously—unanimously. It has a necessarily absent. number of Republican and Democratic The PRESIDING OFFICER. Under The PRESIDING OFFICER. Are there cosponsors, so I hope, regardless of how previous order requiring 60 votes for any other Senators in the Chamber de- we might agree or disagree on all the the adoption of this amendment, the siring to vote? stuff about guns and the stuff that has amendment is agreed to. The result was announced—yeas 67, come up, we can all agree we need to do Mr. HATCH. Mr. President, earlier nays 30, as follows: a better job of early identification, this week, as the debate on this legisla- [Rollcall Vote No. 104 Leg.] intervention, and providing support tion began, the distinguished majority whip said that ‘‘we are here because of YEAS—67 services for the mental health of our Newtown, Connecticut.’’ I agree. Had Alexander Flake Moran children in this country. Ayotte Graham Murkowski With that, I yield to Senator ALEX- that horrific event not occurred last Barrasso Grassley Paul ANDER. December, this legislation would not Baucus Hagan Portman Mr. ALEXANDER. Mr. President, have been introduced. Begich Hatch Pryor I share with all Americans the sor- Bennet Heinrich this bill was unanimously accepted in Risch row, frustration, and anger that fol- Blunt Heitkamp Roberts committee. It has the contributions of Boozman Heller lows a tragedy like what happened in Rubio many Senators on both sides. It im- Burr Hoeven Scott Newtown or earlier in Aurora, Colo- Casey Inhofe proves prevention and intervention in Sessions rado, and Arizona. I share the sense Chambliss Isakson our schools, universities, communities, Shaheen Coats Johanns doctors’ offices, and mental health that we must respond in some way, Coburn Johnson (WI) Shelby that we must prevent such tragedies in Tester clinics. I urge a ‘‘yes’’ vote. It is an au- Cochran Kaine the future. We feel that way even Collins Kirk Thune thorization bill and, therefore, has no Coons Klobuchar Toomey score. though we know that such a guarantee Corker Landrieu Udall (CO) The PRESIDING OFFICER. Who is impossible, especially in a country Cornyn Lee Udall (NM) yields time in opposition? that we want to remain free. But when Crapo Manchin Vitter a tragedy like that occurs, our fellow Cruz McCain Warner Mr. WICKER. I ask for the yeas and Donnelly McCaskill Wicker nays. Americans look to Congress as if to Enzi McConnell Wyden say: Don’t just stand there, do some- Fischer Merkley The PRESIDING OFFICER. Is there a sufficient second? thing. NAYS—30 If we are here because of Newtown, if There appears to be a sufficient sec- this legislation is indeed a response to Baldwin Gillibrand Murray ond. Blumenthal Harkin Nelson that tragedy to prevent it from hap- The question is on agreeing to the Boxer Hirono Reed pening again, then it seems obvious Brown Johnson (SD) Reid amendment. that there should be some connection Cantwell King Rockefeller The clerk will call the roll. Cardin Leahy Sanders between what happened there and what The legislative clerk proceeded to Carper Levin Schatz is happening here. Common sense call the roll. Durbin Menendez Schumer would say that Newtown must have ex- Feinstein Mikulski Stabenow Mr. DURBIN. I announce that the posed some deficiency in our laws or Franken Murphy Whitehouse Senator from Massachusetts (Mr. some gap that needs to be filled. Com- NOT VOTING—3 COWAN), the Senator from New Jersey mon sense would say that a legislative (Mr. LAUTENBERG), and the Senator Cowan Lautenberg Warren response to Newtown would be some- from Massachusetts ( Ms. WARREN) are The PRESIDING OFFICER. Under thing that could have prevented this necessarily absent. the previous order requiring 60 votes tragedy and, therefore, can prevent a The PRESIDING OFFICER. Are there for the adoption of this amendment, similar tragedy in the future. any other Senators in the Chamber de- the amendment is agreed to. That is what common sense would siring to vote? Mr. BARRASSO. Mr. President, I say, but it is just not true. In fact, the The result was announced—yeas 95, move to reconsider the vote and to lay same day that the majority whip said nays 2, as follows: that motion on the table. that we are here because of Newtown, The motion to lay on the table was [Rollcall Vote No. 105 Leg.] liberal columnist Richard Cohen wrote agreed to. YEAS—95 in the Washington Post that this legis- AMENDMENT NO. 730 Alexander Flake Moran lation would do ‘‘absolutely nothing to The PRESIDING OFFICER. Under Ayotte Franken Murkowski avoid such a tragedy.’’ Expanding Baldwin Gillibrand Murphy the previous order, there will now be 2 Barrasso Graham Murray background checks, for example, would minutes of debate equally divided prior Baucus Grassley Nelson not have prevented the Newtown shoot- to a vote in relation to amendment No. Begich Hagan Portman ing because Adam Lanza did not pur- 730 offered by the Senator from Iowa, Bennet Harkin Pryor chase the weapons that he used, nor Blumenthal Hatch Reed Mr. HARKIN. Blunt Heinrich Reid would they have prevented the Aurora Mr. HARKIN. Mr. President, I rise to Boozman Heitkamp Risch shooting because James Holmes not Boxer Heller speak in support of amendment No. 730, Roberts only legally purchased the weapons he Brown Hirono Rockefeller which I have offered along with Sen- Burr Hoeven used, but would have passed a back- Rubio ator ALEXANDER and a bipartisan group Cantwell Inhofe ground check even under the bill before Sanders Cardin Isakson of colleagues. This amendment would Schatz us. We may be here because of New- Carper Johanns reauthorize and improve programs ad- Casey Johnson (SD) Schumer town, but the bill we are considering ministered by both the Department of Chambliss Johnson (WI) Scott simply does not respond to that trag- Education and Health and Human Coats Kaine Sessions edy. Shaheen Services related to awareness, inter- Coburn King As I said, I share the feeling after a Cochran Kirk Shelby vention, prevention of mental health Collins Klobuchar Stabenow tragic event that we must take action. conditions, and the promotion of link- Coons Landrieu Tester We must, however, resist the tempta- ages to appropriate services for chil- Corker Leahy Thune tion to believe that more legislation is Cornyn Levin Toomey dren and youth. Crapo Manchin Udall (CO) always the answer. The truth is that Basically, title I focuses on school Cruz McCain Udall (NM) the Newtown and Aurora shooters, as settings by promoting schoolwide pre- Donnelly McCaskill Vitter well as the Columbine shooters before vention through the development of Durbin McConnell Warner them, broke dozens of Federal, State, Enzi Menendez Whitehouse positive behavioral interventions and Feinstein Merkley Wicker and local laws already on the books. supports. Title II focuses on suicide Fischer Mikulski Wyden Federal law has already created more

VerDate Mar 15 2010 23:29 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A18AP6.001 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2782 CONGRESSIONAL RECORD — SENATE April 18, 2013 than 60 different firearms offenses. The main free, a society in which we are There are still four judicial nominees Bureau of Alcohol, Tobacco, and Fire- protected by the Constitution. I could in that category, who are part of the arms posts on its Web site a reference not support the legislation before us backlog on which Senate Republicans guide to Federal firearms regulations. because it failed to meet this standard. insist on maintaining. And like so It is 243 pages long. But during the first f many of President Obama’s district decade of the 21st century, according to court nominees, Analisa Torres and the Census Bureau, the percentage of RECESS Derrick Watson have had to wait more intentional homicides from handguns, The PRESIDING OFFICER. Under than 60 days after being voted on by rifles, or shotguns all declined rather the previous order, the Senate stands the Judiciary Committee to be consid- than rose. in recess until 2 p.m. ered by the Senate. These systematic Even more important than these leg- Thereupon, the Senate, at 12:44 p.m., delays help explain why we remain islative considerations is the fact that recessed until 2 p.m. and reassembled more than 20 confirmations behind the public policy in this area impacts fun- when called to order by the Presiding pace we set with President Bush’s damental constitutional rights. When Officer (Ms. HEITKAMP). nominees. We can make up much of that ground if Senate Republicans other tragedies occur, even terrorist f attacks, we often hear that such cir- would just agree to a vote on all 15 cumstances must not weaken our com- EXECUTIVE SESSION nominees currently pending on the Ex- mitment to the Bill of Rights, and I do ecutive Calendar. All of them received not believe we should do so now. bipartisan support in committee, and One of the disturbing arguments I NOMINATION OF ANALISA TORRES all but one were unanimously approved have heard so often during this debate TO BE UNITED STATES DISTRICT by the committee. There is no good is that Americans do not ‘‘need’’ cer- JUDGE FOR THE SOUTHERN DIS- reason for further delay, especially at a tain guns for certain activities or do TRICT OF NEW YORK time when judicial vacancies remain at not ‘‘need’’ to exercise their Second 85. Amendment rights in certain ways. Let us clear the backlog of judicial NOMINATION OF DERRICK KAHALA nominees ready for confirmation. Re- This dangerous view gets it exactly WATSON TO BE UNITED STATES publicans have recently started point- backwards. The place to start is with DISTRICT JUDGE FOR THE DIS- ing to 2004. In 1 month in 2004, a presi- the individual right that the Constitu- TRICT OF HAWAII dential election year, we were able to tion guarantees and the burden should clear a backlog of consensus nominees be on the government to justify in- The PRESIDING OFFICER. Under the previous order the Senate will pro- by confirming 20. This insistence on fringing or limiting that right. Imagine delay and holding over consensus nomi- if the government told us how much ceed to executive session to consider the following nominations, which the nees from 1 year to the next has been speech or the exercise of religion we constant. Seventeen of the confirma- ‘‘need’’ under the First Amendment or clerk will report. The legislative clerk read the nomi- tions for which Senate Republicans if the government told us how much now seek credit over the past 2 years privacy we ‘‘need’’ under the Fourth nations of Analisa Torres, of New York, to be United States District should have been confirmed more than Amendment. My liberal friends would 2 years ago in the preceding Congress. howl in protest if we treated other pro- Judge for the Southern District of New York and the nomination of Derrick That is when they allowed only 60 judi- visions of the Bill of Rights in the way cial confirmations to take place during they want to treat the Second Amend- Kahala Watson, of Hawaii, to be United States District Judge for the District President Obama’s first 2 years in of- ment. fice, the lowest total for a President in The Second Amendment guarantees a of Hawaii. The PRESIDING OFFICER. Under over 30 years. Indeed, during President fundamental right of individuals to Obama’s first year in office, Senate Re- the previous order, there will now be 15 keep and bear arms. In fact, the Second publicans stalled all but 12 of his cir- minutes for debate equally divided in Amendment merely codifies a right cuit and district nominees. That was the usual form prior to votes on the that already existed, a right that pre- the lowest 1-year confirmation total nominations. dates the Constitution itself. In 1982, since the Eisenhower administration, when I chaired the Judiciary Sub- The Senator from Vermont is recog- when the Federal bench was barely 1⁄3 nized. committee on the Constitution, we the size it is today. published a landmark report on the Mr. LEAHY. Madam President, Mon- The fact is that we have these 15 history of this fundamental right. More day’s confirmation of Judge Beverly nominees waiting for a vote. We have than 25 years before the Supreme Court O’Connell marked the 150th confirma- 15 judgeships that can be filled so that officially said so, our report estab- tion of a Federal trial court nomina- hardworking Americans in New York, lished that the Second Amendment tion by President Obama. Thanks to Hawaii, Louisiana, California, Florida, ‘‘was intended as an individual right of Senate Republicans’ concerted effort to Oregon, Pennsylvania, North Dakota, the American citizen to keep and carry filibuster, obstruct and delay his mod- South Dakota, Nebraska, Minnesota, arms in a peaceful manner, for protec- erate judicial nominees, it took almost Iowa, Missouri, Arkansas, New Mexico, tion of himself, his family, and his 1 year longer to reach this milestone Colorado, Kansas, Oklahoma, Utah, freedoms.’’ than it did when his Republican prede- and Wyoming can have better access to The President yesterday called it cessor was serving as President, 10 justice. All Senate Democrats are pre- ‘‘shameful’’ that the Senate defeated months in fact. I have repeatedly asked pared to vote on all of these nominees gun control proposals that he favors. I Senate Republicans to abandon their today. disagree. There was nothing shameful destructive tactics. Their unwilling- Judge Analisa Torres is nominated to about opposing legislation that failed ness to do so shows that Senate Repub- serve on the US District Court for the to respond to the Newtown tragedy, licans are still focused on obstructing Southern District of New York. She that cannot prevent such tragedies this President, rather than helping currently serves as a New York State from ever happening again, and that meet the needs of the American people Supreme Court Justice. Previously, she undermines the Bill of Rights. and our judiciary. served as an acting New York State Two things will always be true as we The ability of hardworking Ameri- Supreme Court Justice, a judge for the continue grappling with violence in our cans to get their day in court and have Civil Court of the City of New York, society: people, not guns, kill and harm their rights protected should not be and as a judge for the Criminal Court other people and criminals will not subject to this kind of wrongheaded, of the City of New York. She received obey the law. It does no good to pre- partisan obstructionism. Today, the her A.B., magna cum laude, from Har- tend otherwise or legislate for a soci- Senate is being allowed to vote on just vard University and her J.D. from Co- ety in which those things are not true, 2 of the 15 judicial nominees ready for lumbia Law School. Judge Torres has in other words, for a society that does confirmation. Ten of the judicial nomi- the strong support of her home State not exist. We have to address the soci- nees confirmed this year could and Senators, Senator SCHUMER and Sen- ety we have, a society we want to re- should have been confirmed last year. ator GILLIBRAND.

VerDate Mar 15 2010 23:29 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G18AP6.004 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 18, 2013 CONGRESSIONAL RECORD — SENATE S2783 Derrick Kahala Watson is nominated In addition, once he joins the Federal to join me and vote in support of her to the US District Court for the Dis- bench in Hawaii, that court will be the nomination. trict of Hawaii. He currently serves as first majority Asian American Pacific I yield the floor. the chief of the Civil Division in the US Islander article III court in American The PRESIDING OFFICER. The Sen- attorney’s office in the District of Ha- history. ator from Iowa. waii. Prior to that, he was an assistant I am proud to support Judge Watson, Mr. GRASSLEY. Madam President, I United States attorney in the same of- and I am happy that the Senate will will be voting for both of these nomi- fice. From 1995 to 2000, he served as an vote to confirm him today. I certainly nees for judges, but I would like to assistant United States attorney in the urge all my colleagues to cast a unani- make some comments because I hear Northern District of California and mous vote for his nomination. rumblings of how Senate Republicans served as deputy chief of the Civil Divi- The PRESIDING OFFICER. The Sen- are obstructing judicial nominees. I sion from 1999 to 2000. In addition to his ator from New York. would just like to remind my col- service at the US attorney’s office, he Mrs. GILLIBRAND. Madam Presi- leagues of how well we are proceeding. was in private practice for more than a dent, I am deeply honored to stand Today the Senate will consider two decade. Derrick Watson received his here today in support of Analisa more judicial nominations. These J.D. from Harvard Law School and his Torres’s nomination to the United nominations are people, as I just said, A.B., cum laude, from Harvard College. States District Court for the Southern I am going to approve. This is the third He has the support of his home State District of New York. I also want to of this week, and with today’s expected Senators, Senator HIRONO and Senator thank President Obama for acting on action we will have confirmed 4 circuit SCHATZ. my recommendation and nominating and 9 district nominees during this Both nominees were unanimously ap- another superbly qualified female ju- Congress, for a total of 13. At this point proved by the Senate Judiciary Com- rist to the Federal bench. in 2005, during President Bush’s second mittee by voice vote 2 months ago. I know Judge Torres as a fair-minded term, the Senate had confirmed not 13 Like almost all of the other nomi- woman of great integrity. Her lifetime like now, with us, not 9, not 4, but only nees pending on the Executive Cal- of public service and legal experience, 1 judicial nominee. So that would be a endar, these are the kind of main- serving as a jurist, an attorney, and record of 13 for this administration and stream and consensus nominees who serving her community has earned her 1 for a counter time during the second should be confirmed quickly. For near- the respect of her colleagues. Her body Bush administration. ly 4 years vacancies have been at or of work demonstrates her qualifica- As I stated last week, the quick pace above 80, putting an unnecessary strain tions to serve on the Federal bench. of this year comes on top of a very pro- Since 2000, she has served as a judge on our Federal courts. Sequestration ductive 112th conditioning, in which 111 in various courts, including the Crimi- cuts have added to the pressure on our judges were confirmed. That was more nal Court of the City of New York, and justice system. Let us vote on the re- judges confirmed than any other Con- in 2012 she was elected to a 14-year maining nominees so that they can get gress going all the way back 20 years. term as a New York State Supreme to work for the American people. Overall, with today’s actions, we will Court Justice. Judge Torres has pre- The PRESIDING OFFICER. The Sen- have confirmed 184 judicial nominees. viously worked in private practice, as a ator from Hawaii. Divide it this way, 34 circuit judges and Ms. HIRONO. Madam President, I law clerk, and as a teacher. In her cur- now 150 district judges. The Senate has rise to speak in support of the nomina- rent role, she has exemplified prag- defeated only 2 nominees. That is a tion of Derrick Kahala Watson to be a matism and has demonstrated a con- record of our passing 184 to 2 that have district judge for the U.S. District sistent commitment to thoughtful, not been approved. That is a .989 bat- Court of Hawaii. But before I discuss sound and fair reasoning. ting average. So I do not know who is this nomination, I would like to join In addition to her professional work, shedding tears around here, but they with the rest of my colleagues in ac- she has shown an enduring commit- ought to look at the record. knowledging the week we have had and ment to her community. Other nominees are still being con- how trying it has been for all Ameri- There is no question that Judge sidered by the Senate and a few remain cans. The horrific bombing at the Bos- Torres is extremely well qualified and in committee. I note we have a hearing ton Marathon, the targeting of Senate well suited to serve as a Federal court scheduled next week for another cir- offices and the President with mail judge. I strongly believe this country containing poison, other actions at the needs more women like her serving in cuit and district judge, so we are con- Capitol, and now this tragic explosion the Federal judiciary—an institution I tinuing to move forward. But even in Texas have captured our attention believe needs more exceptional women. counting those pending nominations, and given us all perspective on what is Today, women make up only 30 per- the President has a confirmation rate important in life. Our hearts go out to cent of the Federal bench. that is comparable to that of President all the victims and their families. According to the National Women’s George W. Bush, President Clinton, and Turning now to Mr. Watson’s nomi- Law Center, only 66 women of color exceeds that of President George H.W. nation, I thank Chairman LEAHY and currently serve as active Federal Bush. Ranking Member GRASSLEY of the Ju- judges—that is less than 10 percent of Again, there is no credible basis to diciary Committee for their quick con- the Nation’s active Federal bench. say this President is being treated dif- sideration, referring this nomination We have to do better. ferently from previous Presidents. to the full Senate for a vote. Mr. Wat- Judge Torres’s nomination has been What is different, though, in the case son was born in Hawaii. He attended pending before this body for over 150 of this President is the manner in Harvard college and Harvard Law days. I urge my colleagues to put aside which he has allowed vacancies to ac- School and started a successful career partisan differences and help us move cumulate before submitting nomina- in law in San Francisco, CA, before re- forward on the 14 judicial nominees tions. It is about time that down at the turning to Hawaii to serve as an assist- who have been forced to deal with this White House they get down to work, ant U.S. attorney. unprecedented delay. decide who they are going to nominate, Mr. Watson testified before the Judi- I remind my colleagues that greater and get the nominations up here. His ciary Committee in January at my diversity, of gender, ethnicity and pro- failure to make judicial nominations a first hearing as a Senator. He dem- fessional backgrounds, are not just priority in his first year when Demo- onstrated that he had the qualifica- ideals that we should aspire to, but crats had a filibuster-proof majority in tions, ability, and temperament to be steps we must take to have a judiciary the Senate resulted in an increase of an outstanding judge for Hawaii. that is more diverse, and more reflec- vacancies. That was not the fault of Once he is confirmed by the Senate, tive of the great country we live in. I Senate Republicans. Mr. Watson will be the only person of have no doubt that having Judge Throughout his administration it has Native Hawaiian descent serving as an Torres serving in the Federal judiciary been the case that a majority of vacan- article III judge, and only the fourth to will bring us closer to that goal. cies have had no nominees. Presently, serve in the history of the United I was proud to recommend her for do you know that three of four vacan- States. this position. I urge all my colleagues cies have no nominees up here?

VerDate Mar 15 2010 23:29 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G18AP6.028 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2784 CONGRESSIONAL RECORD — SENATE April 18, 2013 For the 36 vacancies categorized as have a number of expedited nomina- Boozman Heinrich Paul ‘‘judicial emergencies,’’ there are only tions which come now to the desk. We Brown Heitkamp Portman Cantwell Heller Pryor 8 nominees. So I just want to set the had about 170 nominations that have Cardin Hirono Reed record straight before the vote for been completely removed from Senate Carper Hoeven Reid these nominees because I get tired of confirmation. I would think the Obama Casey Inhofe Risch Chambliss Isakson these crocodile tears being shed. Par- administration would be thanking the Roberts Coats Johanns Rockefeller Coburn Johnson (SD) ticularly, I am sick of hearing about us Senate for its work to make it easier Rubio Cochran Johnson (WI) not moving on judges when three- for any President to get confirmations. Sanders Collins Kaine fourths of them we don’t even have the In any event, when we are talking Coons King Schatz nominees here yet. So quit crying. about Cabinet Members, President Corker Kirk Schumer I yield the floor. Obama is being better treated than the Cornyn Klobuchar Scott Sessions The PRESIDING OFFICER. The Sen- last three Presidents. When we are Crapo Landrieu Cruz Leahy Shaheen ator from Tennessee. talking about circuit judges he is bet- Donnelly Lee Shelby Mr. ALEXANDER. Madam President, ter treated than George W. Bush. When Durbin Levin Stabenow I share the perplexed attitude of the we are talking about district judges he Enzi Manchin Tester Senator from Iowa about our friends’ is treated a little worse in his first Feinstein McCain Thune concern about nominations. The Presi- Fischer McCaskill Toomey term than George W. Bush, but we Flake McConnell Udall (CO) dent has even talked about it. I have changed the rules to speed up district Franken Menendez Udall (NM) gone back and looked at the record. judges. The score in the second term, Gillibrand Merkley Vitter Graham Mikulski There was a Washington Post article 3 as I have said twice now, is Obama 13, Warner Grassley Murkowski Whitehouse weeks ago. I gave a copy of it to the Hagan Bush 1—Obama way ahead. Murphy Wicker Harkin Murray President. This is what it said: On Cab- I like to see confirmations move Wyden inet nominations, this Senate has con- ahead. I hope I do not hear this much Hatch Nelson sidered President Obama’s Cabinet more, when the record shows that in NOT VOTING—6 nominations more rapidly than they fact it is a manufactured crisis. Boxer Cowan Moran did the last three Presidents. That is I yield the floor. Burr Lautenberg Warren Cabinet nominations. Never in the his- Mr. WHITEHOUSE. Madam Presi- The nomination was confirmed. tory of the Senate has the Senate de- dent, I ask unanimous consent all time The PRESIDING OFFICER. Under nied a Cabinet nomination by fili- be yielded back. the previous order, the motions to re- buster, with the exception of the The PRESIDING OFFICER. Without consider are considered made and laid Democrats blocking John Bolton in the objection, it is so ordered. upon the table, and the President will George W. Bush administration. So the The question is, Will the Senate ad- be immediately notified of the Senate’s President is treated better on Cabinet vise and consent to the nomination of action. nominations. Analisa Torres, of New York, to be VOTE EXPLANATION ∑ Evidence from the Congressional Re- United States District Judge for the Mr. COWAN. Madam President, I was search Service says President Obama’s Southern District of New York? necessarily absent from votes during circuit judges in his first term were today’s session. Had I been present for The nomination was confirmed. considered more rapidly than President the votes on amendments relating to S. The PRESIDING OFFICER. The George W. Bush’s circuit judges. Sen- 649, the Safe Communities, Safe question is on agreeing to the Watson ator GRASSLEY just pointed out that in Schools Act of 2013 I would have op- nomination. the second term of President Bush he posed the Barrasso amendment, S. Mr. ALEXANDER. Madam President, had 1 judge confirmed by this time; Amdt. 717, and I would have supported I ask for the yeas and nays. President Obama has 13. the Harkin-Alexander amendment, S. On district judges, according to the The PRESIDING OFFICER. Is there a Amdt. 730. Also, I would have supported Congressional Research Service, during sufficient second? the nomination of Analisa Torres to be the first term of President Obama his There appears to be a sufficient sec- United States District Judge for the district judges were considered a little ond. Southern District of New York.∑ more slowly than President George W. There is a sufficient second. f The question is, Will the Senate ad- Bush’s, but the Senate changed the LEGISLATIVE SESSION rules earlier this year to cut down the vise and consent to the nomination of postcloture debate time to make it Derrick Kahala Watson, of Hawaii, to The PRESIDING OFFICER. Under easier to bring judges to the floor and be United States District Judge for the the previous order, the Senate will re- get them through more rapidly. Per- District of Hawaii? sume legislative session. The majority leader is recognized. haps that is why the score is 13 to 1, The yeas and nays have been ordered. with Obama getting 13 judges and Bush The clerk will call the roll. f getting 1 in the same period of time in The assistant bill clerk called the GUN SAFETY the second term. roll. Mr. REID. Madam President, this I do not know where this is coming Mr. DURBIN. I announce that the bears repeating: We knew all along from. In addition, we have never Senator from California (Mrs. BOXER), that efforts to pass stronger back- blocked a district judge by filibuster— the Senator from Massachusetts (Mr. ground checks and keep guns out of the neither party in the history of the Sen- COWAN), the Senator from New Jersey hands of criminals wouldn’t be easy, ate. In the circuit judges we never (Mr. LAUTENBERG), and the Senator and it hasn’t been. But keeping Amer- blocked a circuit judge until George W. from Massachusetts ( Ms. WARREN) are ica’s streets safe from gun violence is Bush made some nominations about necessarily absent. worth the effort. the time I came to the Senate 10 years Mr. CORNYN. The following Senators Yesterday the families of gun vio- ago, and the Democrats started it. are necessarily absent: the Senator lence victims watched as Republicans They caused Miguel Estrada to be from North Carolina (Mr. BURR) and defeated a commonsense proposal to blocked and a number of others, and the Senator from Kansas (Mr. MORAN). expand background checks. It is sup- they brought up cloture motions time The PRESIDING OFFICER. Are there ported by 90 percent of the American after time and we had a gang of 6, 8, 10 any other Senators in the Chamber de- people. It is not some hocus-pocus. or 14 who slowed it all down. But still siring to vote? What it says is that if a person is a the score is 5 to 2; 5 Republican judges The result was announced—yeas 94, criminal, that person shouldn’t be able blocked for confirmation by the Demo- nays 0, as follows: to buy a gun. It says that if a person crats under President Bush, and 2 by [Rollcall Vote No. 106 Ex.] has severe mental issues, that person Republicans with President Obama. YEAS—94 shouldn’t be able to buy a gun. That is We worked pretty hard for the Presi- Alexander Barrasso Bennet all it said. dent to confirm his nominations. We Ayotte Baucus Blumenthal Yesterday the families of gun vio- had two sets of rules changes, and we Baldwin Begich Blunt lence victims watched, but despite the

VerDate Mar 15 2010 00:57 Apr 19, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G18AP6.026 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 18, 2013 CONGRESSIONAL RECORD — SENATE S2785 fact that a strong majority of the I assure the 90 percent of Americans I think it is extremely important that American people feel this way, we who support meaningful background the Senate and the country think weren’t able to get this done. Despite checks that I am going to continue this through the implications of what this the fact that a strong majority of the fight. I assure the families of Newtown bill is all about. Senate voted in favor of stronger back- and Aurora and Tucson and Blacksburg What this bill is all about is that the ground checks—a strong majority—Re- that we are going to continue to stand advocates essentially want to take a publicans once again filibustered a by their side. function that is now vested in govern- commonsense proposal. We were able To those Senators who have indi- ment—State tax collection—and, in ef- to get 4 Republicans—4 out of 45. cated they want to offer amendments, fect, outsource that function of govern- Yesterday President Obama said it we will be back and try to do another ment to small businesses, particularly was a shameful day for the Senate, and tranche of amendments, and when we these small online retailers. it probably was, I agree. But we should get there, I hope we can proceed the This has been a big source of employ- make no mistake; this debate is not way we did this week to line up amend- ment, good wages, innovative ap- over. In fact, this fight is just begin- ments. proaches, new apps. It has been a big ning. f boost for our country. I think it is im- I have spoken with the President. He portant for the Senate to think and I agree that the best way to keep MARKETPLACE FAIRNESS ACT— through what this means and try to see working toward passing a background MOTION TO PROCEED if we can come up with something that check bill is to hit ‘‘pause’’ and freeze Mr. REID. Madam President, I move is sensible. the background check bill where it is. to proceed to Calendar No. 41, S. 743. For example, the proponents of the In the meantime, we will keep moving The PRESIDING OFFICER. The legislation are going to argue with con- forward with the people from Aurora, clerk will report the motion. siderable passion that this is not going CO, Blacksburg, VA, Newtown, CT, and The bill clerk read as follows: to be a hard task for these small busi- other places to make sure we are able Motion to proceed to the consideration of nesses on which they have imposed this to get something done. This will allow Calendar No. 41, S. 743, a bill to restore new assignment—as they call it, out- Senators to keep negotiating. States’ sovereign rights to enforce State and sourcing the function of State tax col- We had nine amendments yesterday. local sales and use tax laws, and for other lection, which is done by government, They were not easy to vote on—not for purposes. to these small businesses. us or for the Republicans—and I under- CLOTURE MOTION The proponents say it is not going to stand that. But it was a good process Mr. REID. Madam President, I have a be hard for small businesses to handle by which to move forward and get some cloture motion at the desk. this. They are going to say there is a of these contentious amendments on The PRESIDING OFFICER. The clo- lot of new technology available—com- both sides out of the way—or voted on, ture motion having been presented puter software and the like—and that rather, is a better way to phrase it. under rule XXII, the Chair directs the the Marketplace Fairness Act will not So we are going to come back to this clerk to read the motion. be difficult to administer as a result of bill. I feel obligated to Senator STABE- The bill clerk read as follows: these new technologies. NOW. She should have an opportunity CLOTURE MOTION Having been involved in this debate to offer her amendment on mental We, the undersigned Senators, in accord- now for years and years—having been health. I feel an obligation to Senator ance with the provisions of rule XXII of the the original author of what is a dif- COBURN. He should be able to offer his Standing Rules of the Senate, hereby move ferent subject but has some of the same amendment on background checks. I to bring to a close debate on the motion to connections, the Internet tax fairness feel an obligation to a number of Sen- proceed to Calendar No. 41, S. 743, To restore legislation—I have heard the pro- ators who believe we have to do a bet- States’ sovereign rights to enforce State and ponents of this legislation say, year ter job dealing with the issue of vet- local sales and use tax laws, and for other after year after year, this is not going purposes. erans. Harry Reid, Richard J. Durbin, Sherrod to be a hard assignment, the process of So we are going to have time to work Brown, Sheldon Whitehouse, Amy Klo- these small businesses collecting these on what people want to do before we buchar, Joe Manchin III, Richard taxes, that new technologies are avail- come back to this. It will give oppo- Blumenthal, Patrick J. Leahy, Martin able, and that the law ought to be nents an opportunity to decide what Heinrich, Angus S. King, Jr., Al passed because it can be done. they want to do when we get back on Franken, Tom Harkin, Carl Levin, But year after year we have seen that this, and it will give gun violence advo- Mark Begich, Brian Schatz, Robert the idea that this is so simple and it cates time to make their voices heard Menendez, Tammy Baldwin. can be done is not borne out. If it were by Republican Senators. This option Mr. REID. I suggest the absence of a so simple, it would have been done al- will preserve the progress we have quorum. ready. The reason this bill comes to made on the bill. We passed a couple of The PRESIDING OFFICER. The the floor of the Senate is because it is, amendments today—we passed a Re- clerk will call the roll. in fact, not so simple. It is not going to publican amendment and a Democratic The assistant bill clerk proceeded to be a piece of cake for these small busi- amendment. I suggest to the Senate call the roll. nesses. that this option will prevent us from Mr. WYDEN. Madam President, I ask There are more than 5,000 taxing ju- having to return to square one proce- unanimous consent that the order for risdictions in our country. Some of durally, and I think that is good. the quorum call be rescinded. them give very different treatment for I am committed to ensuring that any The PRESIDING OFFICER. Without products and services that are almost bill we pass includes an expansion of objection, it is so ordered. identical. So this is a big lift to say we background checks, closing the gun Mr. WYDEN. Madam President, as I are going to have software and com- show loophole, as well as covering pri- understand it, Leader REID moved to puters and technology and it is just vate sales. proceed to the Marketplace Fairness going to be a piece of cake for these This afternoon I am going to file clo- Act a bit ago. I have deep reservations small businesses to be able to handle ture on the motion to proceed to the about this legislation, so I am not able this. Marketplace Fairness Act, which would to support the motion to proceed. The I think that is part of what needs to give brick-and-mortar stores parity leader has filed cloture on his motion, be discussed in a debate on the floor of with Internet-only retailers. It is only and I just want it understood at this the Senate because, fundamentally, the a matter of time before we bring this point that if cloture is invoked, I will idea of taking a function of govern- anti-gun violence measure back to the not be able to support a reduction in ment—tax collection—and handing it floor for a vote. the amount of time available for Mem- over to small businesses—and small The stand of the Republicans is not bers to debate this. businesses being a big part of our coun- sustainable. It is a question of how The Presiding Officer and I have try’s economic engine—is something I long they are going to stand firm, but talked about this a number of times, think ought to give every Senator it is not sustainable. but just for purposes of this discussion, pause.

VerDate Mar 15 2010 00:57 Apr 19, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G18AP6.031 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2786 CONGRESSIONAL RECORD — SENATE April 18, 2013 In addition to that, I want us to getting ready to write a real law. My someone who posted on that site and think through the aspects of this that own preference would be to have this the owner of the site would not know relate to America’s ability to compete go back to the Senate Finance Com- anything about it and could not figure in tough global markets. mittee chaired by Chairman BAUCUS— out how to get rid of that. So with I know when we talked about this in we work very closely in a bipartisan that, and with the Internet tax free- a brief way during the Senate budget way, Chairman BAUCUS and Senator dom bill and others, we said with re- debate, several Senators said that, oh, HATCH—and that we have a chance to spect to technology and innovation, back in the days when we were just de- think through the implications here. let’s do two things: First, let’s do no bating the Internet, they could see the I can think of some commonsense harm. Let’s not take steps actively need for some of these policies in the ideas where the Presiding Officer and I where we damage our economy and our digital age, but now the Internet is all would agree on some kind of uni- future. Second, let’s not discriminate. grown up. We do not need any of these formity. I mean, if we were talking Let’s not single out this sector which kinds of approaches such as techno- about uniformity rather than 5,000-plus has shown so much promise. logical neutrality and nondiscrimina- taxing jurisdictions, that would be one At a minimum, the marketplace fair- tion with respect to taxes and regula- thing. We saw the jobs numbers last ness legislation, as written today, will tion. month. They were not where they violate that first principle. It will do My response to this is, yes, it is a dif- ought to be. The idea that now we are harm. It will force those small online ferent day. There is no question about going to take steps here in the Senate retailers to, in effect, take on a govern- it. I chair the Senate Finance Sub- which would hinder the growth of the ment function, tax collection. I do not committee on International Trade. As innovative engine of the American know of any civics book that talks part of my obligations there to look at economy strikes me as something we about outsourcing a function of gov- trade and competitiveness, I have come should not be doing. ernment—tax collection—to small to the conclusion that the Internet is Personally I would very much like to businesses. That is what the market- the shipping lane of the 21st century. be part of an effort to work this out. I place fairness legislation does. I think about what the Finance Com- have always said the American econ- Second, in a tough global economy— mittee looked like 30, 40 years ago— omy is now about bricks and clicks. We I know the Presiding Officer cares a people moving goods physically from now have most of our businesses look- great deal about global commerce and North Dakota, Oregon, and the like. It ing to try to have storefronts and on- global trade coming from her State— is very different today. With a lot of line operations. I want both of them to this bill will favor foreign businesses economic activity, in a sense, being prosper. Some of Oregon’s most illus- that will not be subjected to it. That is conducted online on the Internet, to a trious companies look at just that something that cannot be corrected in great extent it is now the shipping principle, bricks and clicks. this bill in its present form. There may lane. But let’s not hammer the innovation be other ways to correct it; there may This bill, I want the Senate to know sector, that online aspect of the Amer- be other ways to correct a number of and the country to know, will be a big ican economy, especially given what aspects of the bill. That cannot. It will leg up for foreign retailers and foreign we have seen of late. I mean, think favor foreign retailers. businesses. The reason I say that is the about the Friday after Thanksgiving. As I chair the Finance Subcommittee Marketplace Fairness Act, in effect, Were the malls and the stores empty on Global Commerce and Global Trade, tries to take local law and apply it to the Friday after Thanksgiving? They I do not see how that makes sense. That is why I have made it clear today the global economy. It is unprece- certainly were not. The traditional that given the state of where the Sen- dented. part of the American economy, stores What it will mean—if passed in its and malls—people could not find a ate discussion is now with the leader present form—is that if you are on the parking place. Those stores were offer- having filed cloture on his motion—I want to make it clear that if cloture is northern border—say you are in North ing hours earlier and earlier in order to invoked, I will not support a reduction Dakota or Washington State or other meet consumer demand. in time for this discussion. places that are on the northern bor- So, yes, let’s promote bricks and I yield the floor and I would suggest clicks, but let’s not precipitously take der—if you are an online retailer, you the absence of a quorum. are going to say to yourself: Why in steps that will harm so much of the The PRESIDING OFFICER (Ms. American economy. When I got in- the world would you want to stay on HIRONO). The clerk will call the roll. the U.S. side of the border and try to volved in these issues years ago—I The assistant legislative clerk pro- comply with the rules of thousands of think I told the Presiding Officer about ceeded to call the roll. taxing jurisdictions when you can this. When I came to the Senate, I had Mr. RUBIO. Madam President, I ask move, in effect, half an hour away out- just become Oregon’s first new Senator unanimous consent that the order for side the borders of the United States in 30 years. I made it clear I was going the quorum call be rescinded. and not be subjected to this? to spend a lot of time on timber and The PRESIDING OFFICER. Without So maybe the sponsors of the bill natural resources issues. I chair the objection, it is so ordered. want to rename their bill—now called Energy Committee. I am going to con- IMMIGRATION REFORM the Marketplace Fairness Act—the tinue to do that, because that is a bed- Mr. RUBIO. Madam President, this shop Canada and the shop Mexico bill rock part of the American economy week I joined my colleagues in intro- because that is truly what it would and a bedrock part of Oregon’s future ducing immigration reform legislation mean. and small communities and what our that seeks to end de facto amnesty by I have heard some in favor of the bill State is all about. achieving the strongest border security say that is not the case, that there are I said in addition to that focus on enforcement measures in U.S. history long-arm statutes and the like. Good timber and natural resources, when I but also by modernizing our legal im- luck with that. Good luck with the came to the Senate, I am going to migration system so it can unleash the idea we have not been able to figure spend a lot of time looking at tech- strong economic growth and job cre- out a way to do this in the United nology and innovation and new areas ation potential that immigration has. States, now we are going to write a bill for our State to get into. That led me Let me begin by stating the obvious, that says it does not apply to the for- into some of those initial kinds of ef- and that is that America is a nation of eign retailer or the foreign business, forts, passage of the section of the immigrants. We know that because and we are going to say we are going to Communications Decency Act which every single one of us can track our be able to hook those people somehow encouraged investment in social media, lineage back to someone who came with a long-arm statute. I do not see it. Facebook and Twitter and social here from somewhere else. The truth is That is what the point of this debate media, because had we not gotten that it is one of the things that make us dif- is all about. So we had the discussion passed, we were told a lot of people who ferent and special from the rest of the in the context of the budget. I think might think about investing in the so- world. then it was sort of seen as kind of a cial media would see that someone who If we think about the history of the general proposition. But now we are ran a Website would get held liable for world, it is basically people being told

VerDate Mar 15 2010 23:29 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G18AP6.033 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 18, 2013 CONGRESSIONAL RECORD — SENATE S2787 they can only do what their parents did By the way, in the high-tech indus- of New Mexico and Texas and Arizona for a living. How far you are going to try, where we are not graduating near- and California, through their Gov- go in life depends on what your parents ly enough people in the high-tech ernors and their leaders, will finish the used to do and who you are and to fields—science, engineering, tech- job. whom you are connected. What made nology, and math—shame on us as a The next thing this bill does is deal America truly unique and what made country that more of our children are with the millions of people who are in the idea of America truly revolu- not graduating with the skills they this country in violation of our immi- tionary was the idea that every single need to do those jobs. We have to gration laws. Let me begin by saying human being, no matter where they change that. this: No one has a right to illegally im- were born, how they were born, into In the meantime there are thousands migrate to the United States. There is what kind of family they were born, of jobs that are going overseas because no legal right to be here illegally. As a and into what circumstances they were we can’t fill them here. These compa- sovereign country we have a right to born, had the God-given right to go as nies in the high-tech industry are cre- enforce our immigration laws. far as their talent and their hard work ating these jobs, but then they are tak- If we do something to accommodate would take them. We may take that for ing them somewhere else because that those who are here illegally, we don’t granted—those of us, like me, who were is where the workers are. It is pretty do it because we legally have to. We do born and raised here our entire life— simple: They go to a university, they it for two reasons: First, because it is but this is the exception rather than interview the students, they find some- in the best interest of our country. the rule throughout human history, one they like, and if they can’t hire When we debate this immigration and it is one of the things that have them in the United States they will issue, we need to understand that when made America so special because the hire the same person in some other we talk about millions of illegal immi- belief and commitment to that ideal country. And that is terrible for Amer- grants, this is not a theory, this is a re- unleashed here the revolutionary ica. ality; they are here now. We are not power of the human spirit and trans- So this bill modernizes our illegal talking about bringing these people in; formed this country into the single immigration system—something we they are already here and they will be most powerful and greatest and freest would have to do even if there wasn’t a here for the rest of their lives. So we Nation in all of human history. single illegal immigrant in the United have to deal with that reality. It is in This is the story of immigration in States. our national interest to deal with that America, and it is why we as Ameri- Next, the bill actually enforces our reality. cans understand that legal immigra- laws. It begins by creating a universal The second reason we are dealing tion is critically important for our fu- entry-exit tracking system. with it is because that is who we are. ture and a critical part of our heritage. You may not know this, but 40 per- We are a compassionate people. We are The problem is that for too long both cent of the people who are illegally in not going to deport 11 million people, Republicans and Democrats have failed the United States didn’t come ille- so we have to deal with this. We believe to enforce our immigration laws, and gally. They came on a visa, on a per- we handled this in a very professional the result is that today we have mil- mit, and then the permit expired and and effective way. If there are people in this country il- lions of people living in the United they stayed—40 percent. We have no legally who entered here before Decem- States in violation of our immigration idea who they are because we don’t laws. The other problem is that our ber 2011, they have to present them- track people when they leave. We only selves. They will undergo a background legal immigration system is broken. It track them when they come in. This is just broken. It doesn’t reflect the check. If they have committed serious bill will change that. crimes in the U.S., they will be de- 21st century. It doesn’t take into ac- We all understand the magnet for il- ported. If they have not, they will have count special skills and talents. It legal immigration. It is jobs. It is pret- to pay an application fee, a fine. They doesn’t allow us to attract the world’s ty simple: There is a supply of people will have to start paying taxes, and best and brightest. In fact, it doesn’t willing to work, there is a supply of they will receive a permit that will allow us to keep the world’s best and jobs on this side of the border we can’t allow them to work in the United brightest, many of whom are students fill domestically, and those two are States and pay their taxes. in our universities who learn from our meeting. They are just not meeting le- They will not qualify for any Federal best schools—that our taxpayers are gally. benefits—no welfare, no ObamaCare, no paying for—and when they are done This bill will require every employer food stamps—but they will have a learning, we ask them to leave and in America to comply with E-Verify, to chance to work and will no longer have take what they have learned here and basically check the documents their to hide. They are going to have to re- use it somewhere else to compete workers are providing against the na- main in that system for 6 years, and against us. It makes absolutely no tional data base that provides employ- then they have to go back and get their sense. ment eligibility information. The next permit renewed. It is not a permanent Let me start by saying that if there thing it does on enforcement is the bor- grant of a temporary status; it is a wasn’t a single illegal immigrant in der region—let me say this about the temporary grant of a temporary status. the United States, we would still have border. The border is not just about In 6 years they have to go back and to do immigration reform because the immigration. It is about national secu- apply again for this permit. When they immigration system is broken. I am rity. It is a national security risk. The reapply, not only do they have to pay pleased this bill we have offered as a border must be secured. another fine and another application starting point reforms our legal immi- This bill requires the Department of fee, but they are going to have to prove gration system in a very serious and Homeland Security to come up with they have been paying taxes the last 6 profound way. It turns it into a merit- not one but two plans—a border plan years and that they are gainfully em- based system that takes into account and a fencing plan—to achieve 100 per- ployed in a way that means they are skills, talents, and job opportunities. It cent ability to be aware of the entire not going to wind up on public assist- creates a system where agriculture can border and 90 percent apprehension, ance. get the workers into this country le- that we apprehend 9 out of 10 people If the border plans have been com- gally—by the way, workers who feed who are illegally crossing. We give the pleted, if E-Verify is in place, if the not just our families but the world. It Department of Homeland Security 5 entry-exist system is in place, assum- allows our business community, in years to reach that goal. ing their permit is renewed, after 10 times of labor shortages where there is If they do not reach the goal in 5 years has gone by, then the only thing very low unemployment, to be able to years, then the issue is turned over to that happens is they are given a chance provide for themselves the kind of a commission made up of State offi- to apply for a green card just like ev- guest and seasonal labor some indus- cials, local officials on the border to erybody else does, not a special proc- tries depend upon but to do so in a take care of the job themselves—and ess. They are at the back of the line. legal way. These reforms are signifi- they will. If the Federal Government Everyone who applied before them le- cant. refuses to secure the border, the States gally goes first.

VerDate Mar 15 2010 23:29 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G18AP6.035 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2788 CONGRESSIONAL RECORD — SENATE April 18, 2013 The only thing that happens after 10 My last point, and I address many of down because of flooding. All county years goes by and the border is secured, my fellow Americans who share my government buildings, including the E-Verify is in place and the entry-exit deep commitment to upholding the health department, are closed. Gov- system is in place, we don’t give them Constitution of the United States, to ernor Patrick Quinn has issued a state anything. All they have now is the op- limiting the size and scope of govern- of emergency for the entire State of Il- portunity to apply for a green card. ment, to encouraging the free enter- linois. National Guardsmen are on By the way, during the first 5 years prise system as the best way to create hand helping to evacuate people and of a green card under existing law, peo- economic opportunity. America is a na- monitor water levels and road closures. ple don’t qualify for Federal benefits tion of immigrants, but both Repub- First responders are supplying sand- either. The point is, this is a reason- licans and Democrats have failed to en- bags, pumps, life vests, generators, and able way to deal with a real problem force our immigration laws and, as a other supplies along the threatened that faces our country. result, we have millions of people here riverbanks. Sandbagging operations The alternative is to do nothing, illegally. We are not going to deport are ongoing in Boone, DeKalb, Grundy, which leads me to one of the points them. So let’s secure the border and Kane, McHenry, and Will Counties. that people are using, and we will be let’s identify these people. Let’s have My office is in close contact with talking a lot about this issue. One of them undergo a background check, get Mayor Nicholas Helmer of Prospect the arguments against this is how in the back of the line, pay a fine, and Heights—where many people have been much money it is going to cost. pay taxes. No Federal benefits. evacuated. We are also working with First of all, over the first 10 or 15 We all wish we didn’t have this prob- Mayor-elect Matthew Bogusz and the years, all these things about the fence lem, but leaving it the way it is is am- interim mayor, Mark Walsten of the and the things we are doing are paid nesty. We have to solve this problem, city of Des Plaines. They are working for in the bill. Beyond that, as far as and I hope we will. hard to make sure the communities are the economy of the United States—a Madam President, I yield the floor safe. couple points. and I suggest the absence of a quorum. Communities all along the Mis- First of all, we can’t compare this The PRESIDING OFFICER. The sissippi River and the western part of bill to nothing. We have to compare it clerk will call the roll. the State could be next in the flooding. The assistant legislative clerk pro- to what we have now, and what we Water is already rising in Quincy and ceeded to call the roll. have now is worse. What we have now the Quad Cities, and communities Mr. DURBIN. Madam President, I ask is costing our economy. We have people unanimous consent that the order for downstate—such as East St. Louis and in this country illegally. They get sick, the quorum call be rescinded. Cairo—could see major flooding this they go to the emergency room, and The PRESIDING OFFICER. Without weekend as storm runoff from up north the taxpayer pays for it. objection, it is so ordered. works its way south. We have people in this country who My colleague Senator MARK KIRK and FLOODING IN ILLINOIS are having children who are U.S. citi- I are ready to help the affected commu- Mr. DURBIN. Madam President, I zens and they go to our schools; they want to draw attention to the major nities in any way. We have cosigned a are driving on our streets without a flooding going on in Illinois at this mo- letter to the Governor to put in writing driver’s license, which means they have ment, particularly in Chicago and its what we have said orally: We stand pre- no car insurance, which means all of us suburbs but not exclusively. It is af- pared to work with all of the Federal have to pay more in car insurance as a fecting downstate as well. agencies available to help our State result. This is obviously not good for Hundreds of families have been evac- during this flooding challenge. them, but it is not good for us. uated from their homes, and more than We understand they are doing every- What we have today is devastating 30,000 people are without power and we thing possible at the local level. If the and horrible for our economy. We can’t are experiencing a major storm. The situation continues to worsen, there continue to have this. We have to fix Rock, Fox, DuPage, Illinois, and Mis- may be need for Federal assistance. this problem, and we have to fix it in a sissippi Rivers have overtopped their Senator KIRK and I will work together way that is fair to the people who have banks, damaging hundreds, if not thou- on a bipartisan basis to make sure it is done it the right way and fix it in a sands, of homes and businesses. Several there. My thoughts are with the people way that makes sure this never ever levees are near the breaking point. and families affected by floodwaters in happens again. I believe the bill we are In many areas, the flooding is so bad Illinois, especially those who had to working on does that, and I look for- it exceeds what we saw during the leave their homes. I am particularly ward to the input that my colleagues major floods in 2008 and in 1987. The grateful for the people who are working have. ground is so saturated that a sinkhole around the clock to control these riv- One more criticism I hear is that it is in Chicago swallowed three cars this ers. I have spoken to John Monken, Di- being rushed through. That is just not morning, and Libertyville High School rector of the Illinois Emergency Man- true. Just yesterday we voted on a se- has sunk a foot into the muddy soil. agement Agency, and am monitoring ries of amendments that I had less More than 300 flights have been can- the efforts on a minute-by-minute than 12 hours to review, and these celled out of O’Hare and Midway Air- basis. I will continue to work with Fed- amendments dealt with a fundamental ports, and hundreds of schools in and eral, State, and local officials to make right to Second Amendment constitu- around Chicago were closed today be- sure vital resources are made available tional rights. This bill has been online cause of dangerously high water. for the flood control effort. for 48 hours. The Committee on Judici- People along the Des Plains and Fox Madam President, a short time ago ary would not even begin to consider Rivers in Grundy, Kane, and LaSalle there was a press conference that was amendments to this bill until next Counties have been evacuated—and the historic in nature. Eight Senators, four month. People are going to have 3 to 4 evacuations are ongoing. Democrats and four Republicans, came weeks to review it. It is posted on my More than 30 major roads in north- together to announce the introduction Web site. People can go on there now eastern Illinois are closed due to flood- of an immigration bill. It is a bill we and see it. It will be available all these ing. Heavy rain has completely filled have worked on for months. The four weeks. Then it is going to go through the large underground flood control Senators on the Democratic side are an extensive committee process. Then system known as the Deep Tunnel in Senator SCHUMER, Senator MENENDEZ, it will be brought here, hopefully, to Chicago. This project was designed to Senator BENNET of Colorado, and my- the floor of the Senate where we can handle sewer backup problems and self; on the Republican side, Senator debate it openly as well. water pollution in Cook County. The MCCAIN, Senator LINDSEY GRAHAM, I am not claiming the bill is perfect. Chicago River has swelled by 6 feet, Senator JEFF FLAKE of Arizona, Sen- I am sure it can be improved, and I triggering locks to open and for the ator MARCO RUBIO of Florida. hope my 99 other colleagues will work flow to be reversed back to Lake When you put the eight of us in a hard to improve it because we have an Michigan. room you have the full political spec- opportunity to do something impor- For the first time in recent memory, trum in the Senate. But we decided as tant. the DuPage County government is shut a group to try to do our best to write

VerDate Mar 15 2010 23:29 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G18AP6.036 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 18, 2013 CONGRESSIONAL RECORD — SENATE S2789 a law to deal with the immigration these kids end up going to college. One can be employed; you are here legally. challenge in America. It is a substan- of them, Tereza Lee, was Korean and If it does not match, there is a ques- tial challenge. America’s immigration very good playing the concert piano. tion, you may not be employed. So E- system is badly, badly broken. I say She was accepted at Julliard and the Verify will make sure that in the work- that because we estimate there are 11 Manhattan Conservatory of Music, place you have to be part of the sys- million people living in this country which was amazing. She came from tem. You have to be registered in who are undocumented. They are peo- such a poor family that many times America. ple who get up and go to work every she would go to school and go through The third element involves visitors day. They may have picked the fruits the trash basket to find uneaten food visas. We give a lot of people an oppor- you put on your cereal this morning. to try to get through the day. But, boy, tunity to visit this great country from They could be cleaning your room in was she good at a piano, and it was rec- all over the world. Some of them never the hotel you stopped in in Chicago. ognized. When she went to fill out the go home and we don’t know it. We They could be taking care of your application to go to school there was a know they came in; we check that. But mother in the nursing home this box that said nationality, citizenship. we don’t know if they ever left. We are evening. They are spread across the She said to mom, What do I put here? finally going to finish that system so economy. They are hard-working peo- Her mom said, I don’t know. We we know, we have information col- ple. Most immigrants are. But they are brought you in on a visitors visa at the lected not only when they enter, when undocumented. They have no country. age of 2 and we never did anything. So they leave, and if they overstay, we About half of them are here because she said we better call DURBIN’s office. can go after them. So those things they came judicially as visitors or col- They called my office and we checked which we debated and included in our lege students and they stayed. They into it. The law is very clear. She is immigration bill deal with the draw of are here illegally, there is no question not documented, she is not a citizen, people into America, the border, em- about it. They are undocumented. The and she needs to leave America for 10 ployment, visitors visas. question we asked ourselves over and years and see if she can get back in, get Then we asked, what to do with the over for the last many years is, What a green card to come back—10 years. 11 million people? What to do realisti- are we going to do? This girl was 18 years old. She had cally and honestly. Here is what we In the last Presidential campaign, never done anything wrong. She came suggested in the bipartisan bill we have Governor Romney said they should here at the age of 2. introduced. We said first you have to self-deport themselves, they should I put in this bill called the DREAM step forward and register with the gov- leave. That is not going to happen. It Act and it said if you, like Tereza Lee, ernment. You have lived in the shad- may be good campaign rhetoric but it came here, no fault of your own, no ows. You have always feared a knock doesn’t reflect reality. What you find criminal record, finished high school, on the door and deportation. Now come when you get to know the undocu- we will give you a chance. Go to col- forward. If you come forward and reg- mented is they do not live in houses lege, enlist in the military, and we will ister, we will put you through a crimi- filled with undocumented people. It is let you become a citizen someday soon. nal background check. If you have a se- not uncommon to find that dad is a cit- The DREAM Act has been out there rious crime in your background, you izen, the children were born here and for 12 years and didn’t pass but we still are finished, we don’t want you, good- they are citizens, it is mom who is un- have hundreds of thousands of these bye. If you do not, we will go forward. documented. These stories are repeated young people. Half a million of them We will give you a chance to register over and over. have signed up under the President’s with the government, pay your taxes, So the eight of us sat down and said: Executive order not to be deported if pay a fine, make it clear you are learn- What are we going to do to deal with they are eligible for the DREAM Act. ing English and working in America. If this and what are we going to do to There are many more out there. That you do that, you can stay here legally deal with the problem this creates in is one of the unresolved issues in our and you can work here legally. You can the economy? Here is what it is. It is immigration system. I could go on and even travel outside the country legally not a matter of 11 million people work- give you volumes of problems with the and come back. It is a provisional rec- ing in the economy undocumented. It current immigration system in Amer- ognition of an opportunity for legaliza- is the fact that they end up taking jobs ica. tion. At the end of 10 years, after you and being paid the lowest possible We decided to sit down and do some- paid the fines, after you have been re- wages, so their work depresses wages. thing about it. In the first meeting we viewed on a regular basis, you will In addition, in most cases—many had, the Republicam Senators, Senator have a chance to get a green card and cases, I should say—they are being paid MCCAIN, Senator FLAKE from Arizona, move toward citizenship over a 3-year in cash. Their employers are not pay- as well as Senator GRAHAM and Senator period of time. ing into unemployment, workers com- RUBIO, said the first item on the agen- This is basically the system, a sys- pensation, Social Security, Medicare. da: Fix the border. It does us no good tem that strengthens the border and They are off the books. That doesn’t to deal with immigration problems creates a pathway to citizenship for 11 help our country if they are not paying within the country if we do not deal million people. And, as far as the taxes and if their wages are so cheap with the flow of people into the coun- DREAM Act I mentioned earlier, this and so low it hurts the jobs of Amer- try. is the strongest version of the DREAM ican workers. The border is strong today, stronger Act of any I have introduced, any I In addition, many of these workers than it has ever been in 40 years. But have proposed on the floor of the Sen- are mistreated. It is not unusual for me there are weaker parts. There are ate in the last 12 years. It is going to to hear that in Chicago a group of about nine different sections of our give these young people a chance. workers worked a whole week and then southern border and about three of There was a young woman here at their boss said: Oh, the money didn’t them are problematic. Six are pretty the press conference named Tolu come through. We are not going to pay strong. So we agreed, let’s make sure Olubumai. She was born in Nigeria. you. What are they supposed to do, call the nine sections of the border have the She came here at an early age and the police? Go to court? They are un- investment they need to be as strong went through high school and then documented. There are abuses that as possible. Then let’s do more. Let’s went through college. She received a take place when it comes to these create a computer system, expand the chemical engineering degree from a workers and it does not help the over- one we have called E-Verify so if you prestigious Virginia university. That all economy. go to apply for a job in America and was 10 years ago. She has never been There are other issues as well. About you are asked to show a picture ID, able to work 1 day as an engineer, de- 12 years ago I got a phone call in my such as your driver’s license, the em- spite her talent, because she can’t get office from the Merit Music Program in ployer can enter the information into a licensed. She is undocumented. She de- Chicago, which offers to kids, low-in- computer right at work and up pops a served a chance. She will get a chance come-family kids, musical instruments picture which should match your pic- under this bill, under the DREAM Act, and instruction. And 100 percent of ture on the license. If it matches, you as she should.

VerDate Mar 15 2010 23:29 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G18AP6.038 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2790 CONGRESSIONAL RECORD — SENATE April 18, 2013 I can go through stories—I have told grants to this country who came here uania, Jurbaricas, which is near about 54 different ones on the floor of because they loved the freedom, the op- Kaunas. My mother never made it back the Senate—of young people in her cir- portunity no other country can offer. to her village. cumstances, came here as kids, knew We have to give more just like them a When I got there, I asked the people no other country. As BOB MENENDEZ chance to build tomorrow’s Intel, to- in that village what was left from the often says, pledged allegiance to the morrow’s Google, and they will do it time my mother was there in 1911. flag every day in the classroom, only and create American jobs in the proc- They said the Catholic Church where knows our national anthem. They have ess. she was baptized was still there as well no country. They will have a chance We want the United States to be a as an old well in the center of town because of this bill. magnet for this kind of job creation. that everybody used for water. They There are other parts of this bill that We also want the United States to have said, your family must have used it. are important too. When it comes to more homegrown engineers ourselves. I took a look at the old well, and I employment, the first rule I insisted MARIA CANTWELL brought this up at could not even pick it out now because on, we all insisted on, was that any job our Senate luncheon this afternoon and of all the traffic circles around it and opening had to be offered to an Amer- I told her it was an issue I felt strongly everything. I thought about that mo- ican worker first. That is in every part about, not only making sure we have ment when my grandparents said to of this bill, because we still have peo- the talent we need but that we grow their relatives and friends: We have an ple unemployed and they should have the talent we need—improve our announcement. We are leaving. We are first priority on any job opening. But if schools, focus on the STEM subjects— picking up everybody and going to the job can’t be filled—and let’s be hon- science, technology, engineering, America. We are going to a place called est, some of these jobs Americans are mathematics—and bring more Amer- East St. Louis, IL, because there are not standing in line for, particularly ican students to the point where they some Lithuanians there from this area agricultural workers, backbreaking can make a good living using those who found work. Stanley Yochiss, who was the phar- work of picking fruits and vegetables. skills. That is part of our responsi- macist and druggist in that area, was There are many of these jobs that will bility as well. go unfilled unless migrant workers, for There are many aspects to this bill, kind of like the Godfather. People who example, agricultural workers, come to immigration reform, that will come to- didn’t trust the local banks would fill them. So what we say is basically morrow before the Senate Judiciary leave their money with Stanley. The Lithuanian community, similar to offer the job to an American first at a Committee. I will be there. We will be many communities, worked the tough- wage that is the prevailing wage, aver- having a hearing to discuss it on Fri- est jobs in the packing houses, steel age wage in the industry. If it goes un- day, then again on Monday. Then soon mills, and jobs such as that. filled, then a foreign worker has an op- after, after we come back from our portunity—only if the unemployment I often thought about that meeting break in the first part of May, we will my grandparents had when they called rate in this country or in the region have an actual markup of the bill in in their relatives and friends and what where the person works is below 8.5 the Senate Judiciary Committee. might have happened afterward when percent. So we want to make sure The bill has been filed now. It is they left. As they were walking away American workers have the first available for everyone to read. We are from my grandparents’ home, I bet one chance. not trying to push anything through in Then what to do about the extraor- of them said to the other: Can you be- a hurry. It will be discussed, debated, lieve this? The Kuticaite family is dinarily educated and talented people and amendments will be offered in the who can make a difference in the leaving. They are going to America. committee and on the floor, as they They don’t even speak English. They American economy? It was 6 or 8 years should be. At the end of the day, it are leaving their home, their church, ago when I spoke to the Illinois Insti- gives us a chance to make sure we fix all their relatives and friends, the dog, tute of Technology commencement. It this broken immigration system in this the cat, and chickens. They are all was at the Chicago Theater on State country. leaving. They will be back. This will Street in the city of Chicago. It was a I come to this debate with some per- not work. They never looked back. happy day. All of these graduates from sonal history. It was in 1911 when my Repeat that story millions of times the prestigious Institute of Technology mother was carried off a ship in the and we have the story of America. We were getting their chance. They went Baltimore Harbor. My grandmother, have the story of people who came to through the baccalaureate degrees and whom I never met, brought my mother this country and have somewhere deep they were pretty diverse. But then, and her brother and sister over from in their DNA this appetite and thirst when they got into the advanced de- Lithuania. They were immigrants to for a better life. They were willing to grees, the master’s degrees and Ph.D.s, America in 1911. Somehow or another— risk everything for it to get to this it took a little longer because it was although they could not speak country, and it still happens. tough to pronounce all of the names English—they found the right train, We hear about people walking across from the South Asian continent, India the Baltimore and Ohio Railroad, and the desert on their way to America and and places nearby. These are grad- took that train to St. Louis. dying in Arizona and Texas. We hear of uates, foreign students, admitted in They got off the train when they all the dangerous things they do to get the United States, trained in the came to a town called East St. Louis, to this country. That is what is great United States, receiving their degrees IL, where my grandfather was waiting. about America and that is what is from this prestigious institution, and That immigrant family made a home great about Americans and what is in the next thing we did after handing there, and that is where I was born and our DNA as a people. We should never them their diploma is, figuratively, grew up. forget how important immigration is gave them a roadmap to show them My mother was an immigrant to this to us. Those who criticize immigrants how to leave America, to take their country, a naturalized citizen, and I have forgotten where they came from. talents and everything they learned to am first-generation American. I am Those who criticize immigrants don’t go someplace else to compete with blessed to be standing on the floor of realize the diversity of America, the American business. the Senate. That is my story, that is talent of America, the drive of America We are going to change that. If for- my family, but that is also the Amer- is all about immigration. We have to eign students come here and are edu- ican story. Every single one of us has a control it. We have to make sure it is cated here and have skills we need in version of that story. It may not be done legally and done in a systematic our economy and can help create jobs your parents or grandparents, but go way. We cannot absorb everybody who and grow our businesses, we are going back far enough and you will find a wants to come here. But by bringing in to give them that chance with a green story just like that in your back- new blood to America, we revitalize the card. That makes sense. They can ex- ground. American dream every single genera- pand the economy. Some of the major I said many times on the floor of the tion. high-tech corporations in America Senate that I had the good fortune to This bill is an important one. We today were actually created by immi- go back to my mother’s village in Lith- have not done anything to immigration

VerDate Mar 15 2010 23:29 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G18AP6.039 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 18, 2013 CONGRESSIONAL RECORD — SENATE S2791 in 25 years, and it shows. We have a ence from the Army, tracing its roots also supporting Operation Allied Force mess in this country, and it is time to back to the Aeronautical Division of over Serbia and Kosovo. straighten it out. the U.S. Army’s Office of the Chief Sig- When terrorists attacked the United Eight Senators produced a bill—four nal Officer, which took charge of mili- States on September 11, 2001, Air Force Democrats, four Republicans. I think tary balloons and air machines in 1907. reservists responded in full force. Air the bill is balanced and should be de- Ten years later the first two Air Re- Force Reserve F–16 fighter airplanes bated and considered. I hope it passes. serve units were mobilized, and one of flew combat air patrols to protect I hope the day comes soon when it is them, the first Aero Reserve Squadron American cities, while KC–135 tankers signed into law by the President, who from Mineola, NY, deployed to France and AWACS aircraft supported security fully supports comprehensive immigra- as the United States entered World efforts. tion reform. War I in 1917. The new Air Service Re- In October 2001 Operation Enduring I said today at the press conference serve program provided the war effort Freedom began as U.S. military forces that I want to be at at least one of the with about 10,000 pilots who had grad- entered Afghanistan to combat the naturalization ceremonies when my uated from civilian and military flying Taliban and terrorist sanctuaries. In DREAMers get a chance to become schools. March 2003 Operation Iraqi Freedom part of the only country they have ever Later, reservists played a critical began in order to end Saddam Hus- called home. They are going to make role in World War II when 1,500 Reserve sein’s regime. Air Force Reserve units this a better and stronger nation, and pilots, along with 1,300 nonrated offi- and reservists played key roles in all they are part of our citizenry. cers and 400 enlisted airmen, aug- combat operations as Air Force Re- I yield the floor and suggest the ab- mented the Army Air Corps in the serve MC–130 Combat Talon aircraft be- sence of a quorum. war’s early days. This included the leg- came the first fixed-wing aircraft to The PRESIDING OFFICER (Mr. endary Jimmy Doolittle, who was or- penetrate Afghan airspace while Air COONS). The clerk will call the roll. dered to Active Duty to work in De- Force Reserve F–16 crews performed The bill clerk proceeded to call the troit to convert automobile manufac- the first combat missions. roll. turing plants into aircraft factories In recent years citizen airmen have The PRESIDING OFFICER. The Sen- and later went on to lead Doolittle’s supported every Air Force core func- ator from Georgia. Raiders, the first American bombing tion and every combatant commander Mr. CHAMBLISS. Mr. President, I attack on the Japanese mainland. around the world. Air Force reservists ask unanimous consent that the order After World War II ended, the young were engaged in surge operations in for the quorum call be rescinded. Air Force Reserve was barely 2 years Iraq and Afghanistan. They supported The PRESIDING OFFICER. Without old when it mobilized nearly 147,000 re- combat and humanitarian missions in objection, it is so ordered. servists for the Korean War. Haiti, Libya, Japan, Mali, and the Horn Mr. CHAMBLISS. I ask unanimous In the 1960s five Air Force Reserve C– of Africa. Also, they provided national consent to speak for up to 10 minutes 124 aircraft units, along with 5,613 re- disaster relief at home in the United as in morning business. servists, were mobilized for a year to States after Hurricanes Katrina and The PRESIDING OFFICER. Without support the Berlin crisis. By 1962 an ad- Sandy, the gulf oil spill, and the objection, it is so ordered. ditional mobilization of 14,220 reserv- wildfires in the Western States. CELEBRATING U.S. AIR FORCE RESERVE 65TH ists and 422 aircraft were supporting Throughout their history, citizen air- BIRTHDAY operations during the Cuban missile men have volunteered unconditionally, Mr. CHAMBLISS. Mr. President, this crisis. demonstrating without fail that they year marks the 65th anniversary of the During the Vietnam War, the Air were ready when needed. Since incep- Air Force Reserve, created by Presi- Force Reserve provided strategic airlift tion in 1948, the Air Force Reserve has dent Harry S. Truman on April 14, 1948. as well as counterinsurgency, close air evolved from a unit-mobilization-only Since the founding of the United support, tactical mobility, interdic- force into an operational reserve that States, citizens have answered the call tion, rescue and recovery, intelligence, participates in missions around the to arms, accomplished their mission medical, maintenance, aerial port and globe. From its headquarters at Robins with professionalism and honor, and re- air superiority until U.S. involvement Air Force Base in my home State of turned to their civilian lives to await ended in 1973. Georgia, the Air Force Reserve serves the next call to serve. As our Nation entered a period of with distinction to provide for our na- Truman envisioned a new Reserve peace for the next few years, the Air tional security on a daily basis. Span- component to continue this tradition Force Reserve periodically engaged in ning 61⁄2 decades—with the last 2 dec- of service—being ready when called emergency response missions. This in- ades of continuous combat—the Air upon—that was founded by the Army cluded the rescue of American students Force Reserve has fulfilled the promise Air Service reservists of the First from Grenada in 1983, aerial refueling of early air pioneers and exceeded the World War who flew wood and canvas of strike aircraft conducting the raid potential foretold by the visionaries bi-planes. on Libya in 1986, and operations to oust who created it. The forerunner of our modern Air Panamanian dictator Manual Noriega Congratulations to all citizen air- Force Reserve was authorized by the in 1989 through 1990. Air Force reserv- men, past, present, and future, on the National Defense Act of 1916. Today, ists also supported humanitarian and 65th anniversary of the U.S. Air Force Air Force reservists, known as citizen disaster relief efforts, including resup- Reserve. airmen, perform leading roles in mili- ply and evacuation missions in the Mr. President, I suggest the absence tary operations, humanitarian crises, aftermath of Hurricane Hugo in 1989. of a quorum. and disaster relief around the globe. All the while, they stood ready to an- The Air Force Reserve consists of offi- swer the call to arms as our Nation en- The PRESIDING OFFICER. The cers, enlisted, and civil servants who tered the final days of the Cold War. clerk will call the roll. are tasked by law to fill the needs of More than 23 years of continuous The bill clerk proceeded to call the the Armed Forces wherever necessary. combat operations began with Oper- roll. More than 860,000 people make up the ation Desert Shield in response to Sad- Mr. TESTER. I ask unanimous con- Ready, Standby, Retired, and Active- dam Hussein’s invasion of Kuwait in sent that the order for the quorum call Duty Retired Reserve. This includes 1990. In the aftermath of coalition vic- be rescinded. 70,000 selected reservists who are ready tory, Air Force reservists continued to The PRESIDING OFFICER (Mr. now and serve on the frontlines of daily enforce no-fly zones over northern and BROWN). Without objection, it is so or- military operations around the globe. southern Iraq while also performing dered. The creation of the Air Force Re- humanitarian relief missions to assist BIG SKY HONOR FLIGHT serve followed the birth of the Air displaced Iraqi Kurds. Mr. TESTER. Mr. President, on April Force itself by about 7 months earlier In 1993 Air Force Reserve tanker, mo- 21, 88 World War II veterans from Mon- on September 18, 1947. The newly cre- bility, and fighter units began oper- tana will be visiting our Nation’s Cap- ated Air Force had gained its independ- ations in Bosnia, and in 1999 they were ital.

VerDate Mar 15 2010 23:29 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G18AP6.040 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2792 CONGRESSIONAL RECORD — SENATE April 18, 2013 With a great deal of honor and re- poverty and allowed them to begin the rules. It is not only about the families spect, I extend a hearty Montana wel- step toward joining the middle class. In who will be directly affected. come to each and every one of them. the 21st century a fair livable min- Increasing the minimum wage to Together they will visit the World War imum wage can continue moving our $10.10 per hour will also help the econ- II Memorial and share stories about country forward. omy. It will increase GDP by more their service. This journey will no Even as corporate executives and than $30 billion over the course of 3 doubt bring about a lot of memories, Wall Street banks are earning record years as workers spend their raises in and I hope it will give them a deep profits, too many families are strug- local businesses and communities. Op- sense of pride as well. gling. Americans who work hard and ponents to the increase in minimum What they achieved together seven play by the rules should be able to take wage say people will not hire; it will decades ago was remarkable. The me- care of their families. Too many people cost jobs. morial is a testament to the fact a in my home State, in places such as It is actually the opposite. This eco- grateful nation will never forget what Youngstown, Lorain, Portsmouth, and nomic activity created by more spend- they did or what they sacrificed. To us, Norwood are working harder than ever ing in communities as a result of more they are the ‘‘greatest generation.’’ and barely getting by. money in minimum wage earners’ They left the comforts of their family Nearly 1.3 million Ohioans in places pockets would generate 140,000 new jobs and their communities to confront evil such as Chillicothe and Mansfield work over these 3 years. This is why business from Iwo Jima to Bastogne. in a minimum wage job. Working full owners support raising the minimum Together they won the war in the Pa- time in a minimum wage job in Ohio wage. cific by defeating an empire and liber- pays about $16,000 per year because our The owners of Brothers Printing and ating the continent by destroying Hit- minimum wage is a bit higher. The Synergistic Systems in the Cleveland ler and the Nazis. To them, they were Federal minimum wage today pays area both pay their workers more than simply doing their jobs. They enlisted only $15,000 per year, $3,000 below the the minimum wage. It means they have in unprecedented numbers to defend poverty level for a family of three. less turnover. It means their workers our freedoms and our values. They rep- It is not much to live on for families have a better standard of living, and it resented the very best of us and made trying to put food on the table, fill a helps their community. They do this us proud. From a young age, I remem- gas tank, send their children to school because it is the right thing to do. It ber playing the bugle at the memorial or provide a safe place for them to live. helps them keep their best employees services of veterans of the first two The minimum wage in this country and strengthens their businesses and World Wars. It instilled in me a pro- should be a livable wage. their commitment. Plain and simple, found sense of respect which will be This is why I am fighting to pass the ensuring a fair wage is good for Amer- with me forever. Fair Minimum Wage Act. It would ica’s families. It is good for America’s Honoring the service of every genera- raise the minimum wage to $10.10 an economy. tion of American veterans is a Mon- hour in three 95-cent increments, then I note the absence of a quorum. tana value. I deeply appreciate the provide for automatic annual increases The PRESIDING OFFICER (Mr. work of the Big Sky Honor Flight, the linked to changes in the cost of living. BROWN). The clerk will call the roll. nonprofit organization which made this The bill would also gradually raise The assistant legislative clerk pro- trip possible. the minimum wage for tipped workers ceeded to call the roll. To the World War II veterans making for the first time in 20 years. The tip Mr. SCHUMER. Mr. President, I ask the trip, I salute you and welcome you minimum wage now stands at $2.13 an unanimous consent that the order for to our Nation’s Capital. We will always hour. This bill would increase it to 70 the quorum call be rescinded. be grateful, and we will never forget percent of the regular minimum wage. The PRESIDING OFFICER (Mr. your service or your sacrifice. More than 1.2 million people in Ohio HEINRICH). Without objection, it is so I yield the floor, and I suggest the ab- would receive a raise because of our ordered. sence of a quorum. bill. Millions of people around the Mr. SCHUMER. Mr. President, I ask The PRESIDING OFFICER. The country in places such as Helena, unanimous consent the mandatory clerk will call the roll. The assistant Butte, and Billings would have an in- quorum under rule XXII be waived with legislative clerk proceeded to call the crease in their standard of living. respect to the cloture motion on the roll. The vast majority of minimum wage motion to proceed to calendar No. 41, Mr. BROWN. I ask unanimous con- earners, despite what some in this body S. 743, and that the vote on the motion sent that the order for the quorum call say—some 88 percent—are adult work- to invoke cloture on the motion to pro- be rescinded. ers. They are not 16- and 17-year-old ceed occur at 5:30 p.m., Monday, April The PRESIDING OFFICER (Mr. high school students. They are 18 and 22, 2013. TESTER). Without objection, it is so or- above, with many of them supporting The PRESIDING OFFICER. Without dered. families. More than half are women. objection, it is so ordered. Mr. BROWN. Mr. President, I ask to Eighteen million children, nearly f speak as in morning business for up to one-quarter of all American children, 6 minutes. have parents who would receive a raise. MORNING BUSINESS The PRESIDING OFFICER. Without Over the past 2 weeks, I have met with Mr. SCHUMER. Mr. President, I ask objection, it is so ordered. people in my home State who earn low unanimous consent that the Senate FAIR MINIMUM WAGE ACT wages, and I listened to their stories. proceed to a period of morning busi- Mr. BROWN. Seventy-five years ago, Ms. Walter, a server from Youngs- ness, with Senators permitted to speak President Roosevelt signed the Fair town in northeast Ohio, struggled to for up to 10 minutes each. Labor Standards Act. This legislation, raise three boys as a single mother. The PRESIDING OFFICER. Without proposed by Senator Hugo Black in Ms. Day, a cake decorator from Bowl- objection, it is so ordered. 1932, ultimately ensured American ing Green, works two jobs because the f workers would receive a minimum salary of one isn’t enough to provide wage, reasonable work hours, and an for her two children. She says she CONGRATULATING MAYOR BOB end to child labor. doesn’t need a lot but just a little BUTLER President Roosevelt led our country more. Mr. DURBIN. Mr. President, fifty out of the worst economic climate we This bill matters. It matters for the years ago, when Bob Butler was sworn have ever faced. He led us to decades of grandmother who works an evening in as mayor of Marion, IL, the town prosperity by ensuring hard work in shift at a restaurant to enable her to was literally on fire. our Nation is met with two funda- care for her grandchildren during the Just outside city hall, one of the mental American rights—fair wages day. It matters for the elder care work- largest fires in the city’s history was and decent working conditions. er who takes two buses to work, and it raging. In the 20th century, the minimum matters for all of the working-class It may not have been, as Mayor But- wage lifted millions of Americans from families who work hard and play by the ler has described it, an ‘‘auspicious’’

VerDate Mar 15 2010 23:29 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G18AP6.043 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 18, 2013 CONGRESSIONAL RECORD — SENATE S2793 start I will go a little farther and call sick in body or spirit. They feed the give thanks for the courage and sac- it what it was: a baptism by fire. But hungry. They help resolve the lamen- rifice of all our veterans and service- through his five decades of thoughtful table but all-too-human divisions in members. It is a time to reflect on the leadership, he has always been devoted our communities. sacrifices made by those who fought on to the city he loves and has never This has been the role of Corinthian the front in Europe, on the battlefields stopped working to improve the lives of Baptist Church in Hamtramck, MI, and of Korea, in the jungles of Vietnam, its residents. its pastor, the Rev. Dr. Joseph R. Jor- the deserts of Iraq, and those who are During his time as mayor, the local dan, who will in a few days be honored currently fighting in the mountains of population has increased, area busi- for leadership and community spirit. Afghanistan. We must not forget their nesses have grown, and the economy Under Pastor Jordan’s leadership, Co- sacrifices. has expanded. rinthian Baptist has been a rock for its I am so pleased I will be able to meet And along the way, some have re- community. Pastor Jordan is a with these courageous Montanans. I ported, Bob Butler became the longest- thoughtful and respected shepherd of ask the Senate to join me in welcoming serving currently active mayor in his flock. He and the church are ac- these heroes to our Nation’s capital America. tively engaged in community service, this weekend. They are: After first being elected, a fire wasn’t helping to fight hunger and sickness in Robert E Anderson, George P Ardelean, the only problem he had to deal with Hamtramck and Detroit. His service William Bakker, Lorraine F Blank, Roy he also had to dig the city out of finan- and leadership include serving on the Boettger, Charles E Brickman, Richard A cial trouble. board of trustees of Henry Ford Health Caruso, Edward B Campen, Roy F Cattrell, Under Mayor Butler’s guidance, Mar- System, one of the Nation’s largest Robert W Cook, Donald P Culliton, Louis J Day, Roy S Dimond, Raymond V Drake, ion got itself back in the black and medical service providers. Marvin Duncan, Theodore E Eklund, Joseph began building a platform to allow for Pastor Jordan has been a tireless Fahn, Everitt D Foust, Leo C Fowler, Robert future growth. seeker of justice. Nothing exemplifies M Frankforter, Colin Glasgow, Maurice Gra- And then, a few years later, another this better than his long years of work ham, Joseph Hartman, John Hepler, Rudolph disaster hit. A tornado tore through and advocacy to help resolve a housing Hergenrider, Russell S Hodge, Vance Hol- the city, killing 10 and injuring hun- discrimination case that dates back to brook, William C Howard, Amy Johnson, dreds including the Mayor and leaving the 1960s, the resolution of which has Robert C Johnston, Bruce D Jones, Jack tens of millions of dollars of damage. taken decades. Pastor Jordan and oth- Jurgens, Gertrude Kalan, Lester L Kath, Jo- After crawling out of his car, which seph C King III, Robert Kinyon, Gordon ers never gave up on their community Kirkwood, Donald B Koeppen, Henry J had been thrown 300 feet and turned up- or on the idea of justice, and thanks to Kornegay, Howard Largent, Raymond Leone, side down, Mayor Butler showed the the hard work of many, and despite sig- Robert L Lubbers, Pierre Mangen, Donald J sort of resilience we don’t see much nificant challenges, the case has been Marshall, William Clayton, George R anymore and dove headfirst into recov- resolved. McMurray, Paul Milam, Irvin J Miller, Wil- ery efforts. I should note that I am among the liam Mills, Richard Miner, Ruben F His efforts, along with those of many many who have benefitted from Pastor Oberlander, John M Richards, Ivory L Robin- others, helped lead to a boom in eco- Jordan’s wisdom and leadership. Over son, Gerald C Schlichenmayer, Kenneth nomic and residential development the years, I have valued his friendship Schneider, Ernest D Sells, Donald C Siers, George E Sexton, John St Germain, Paul that we still see effects of today. and his counsel. And so I am pleased Stengel, Harry K Stine, Myron J Stratton, Without Mayor Butler’s leadership, that the city of Hamtramck will, on Myron R Stutterheim, Kent T Swift, Mar- Marion would look very different than April 28, rename a section of Caniff garet J Talmage, Everett V Tande, Agatha F it does now. His touch can be seen on Street, including the block on which Twist, James A Vick, Robert L Wagnitz, everything from the civic center to the Corinthian Baptist sits. It will be Robert E Willems, Andrew R Winter, Wil- city’s businesses to the local minor known as Rev. Dr. Joseph R. Jordan liam D Worth, Kenneth Baeth, Raymond A league team, the Miners. Street. I join Pastor Jordan’s many Bergstrom, James Kenaley, James J His leadership helped guide Marion friends in congratulating him for this Bertrand, George A Moore, William Bug, Edgar E St John, Gordon P Slovarp, Donald through many trying experiences, and honor, and I personally thank him for Shay, Edmund M Bouchard, George L the city’s voters kept their faith in Bob his decades of service to his church and Schuyler, Elizabeth Riley, Raymond J Rae, Butler. He has served them well each his community. Ralph Stone. and every year. f f Despite all of his hard work and his clear record of results, Mayor Butler WORLD WAR II VETERANS VISIT DOOLITTLE TOKYO RAIDERS has always remained humble. Mr. BAUCUS. Mr. President, I rise to Mr. BAUCUS. Mr. President, I rise He may be mayor, but he always recognize a very important event that today to recognize David J. Thatcher, a gives credit to the people of Marion for will be occurring this Sunday and Mon- remarkable Montanan and American. their city’s success. day. About 90 World War II veterans On April 18, 1942, Thatcher was one of This week, the people of Marion are from Montana will take part in the 80 Doolittle Raiders who carried out gave some credit back to Mayor Butler. ‘‘Big Sky Honor Flight,’’ and come to the first air raid on Japan during They honored his five decades of good Washington, D.C. to visit their monu- World War II. The unit was named for work with a life-size bronze statue at ment—the WWII Memorial. their commander, Lt. Col. Jimmy Doo- the site where that fire once raged so Their trip is hosted by the Big Sky little, who planned and led the mission many years ago—in Tower Square, just Honor Flight program. The mission is that dealt a devastating psychological across from city hall. to recognize American Veterans for blow to the Japanese Empire in the I extend my heartfelt congratula- their sacrifices and achievements by wake of the Pearl Harbor attacks. tions to Mayor Butler and his family flying them to Washington, D.C., to see I ask my colleagues in the Senate to for this impressive achievement and their memorials at no cost. The pro- join me in honoring Mr. Thatcher and wish him the best when he enters re- gram, which has already sent 184 Mon- his comrades for their heroic deeds, tirement at the end of this term. tana veterans to visit the memorials, is carried out 71 years ago today. f generously funded by businesses, stu- Staff Sergeant Thatcher was born on dent groups, and folks all across Mon- July 31, 1921 in Bridger, MT and en- TRIBUTE TO PASTOR JOSEPH R. tana. tered the Army in December 1940. He JORDAN These veterans come from all parts of volunteered for the secret mission that Mr. LEVIN. Mr. President, in my our great State, and while they are in later became known as the Doolittle hometown and in cities and towns Washington, they will see the WWII Raid and was assigned as an engineer/ across this country, houses of worship Memorial and other monuments, enjoy gunner to Crew 7 of the ‘‘Ruptured and the men and women who lead them a banquet honoring their service to the Duck.’’ care for the spiritual needs of our peo- country, and fly home the next day. On April 18, 1942, the Doolittle Raid- ple. But they do more. They are pillars This is a special two days for this ers launched their B–25 bombers off the of neighborhoods. They minister to the group of heroes, but it is also a time to USS Hornet aircraft carrier, 250 miles

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Both individ- training and unique flying tactics, the Coast Guard Marine Safety Center, and uals were taken to Mercy St. Vincent Japanese formation never detected the Commanding Officer of Marine Safety Medical Center—and they are alive ‘‘Ruptured Duck.’’ Crew 7 successfully in Portland, ME. today. bombed the Nippon Steel Factory in Rear Admiral Nash will retire as the Ms. Mitchell and her fellow citizens Tokyo. Commander of the Eighth Coast Guard are heroes whose actions saved a life, Following their airstrikes, all 16 air- District in New Orleans, where he was potentially two. They didn’t give any craft either ditched at sea or crash responsible for Coast Guard operations thought to their own safety. They did landed because they did not have that span 26 States, including over 1,200 what many of us hope we would do by enough fuel to make it to their in- miles of coastline and 10,300 miles of acting swiftly when a fellow citizen tended landing sites on the Chinese inland waterways. Prior to this assign- was in danger. Together, they exhib- mainland. The commander of Crew 7, ment, Rear Admiral Nash served as the ited the courage worthy of recognition LT T.W. Lawson, attempted to land the Deputy Federal On-Scene Coordinator here today. In addition to receiving the ‘‘Ruptured Duck’’ on a beach, but in- for the Deepwater Horizon oilspill re- Toledo Police Department’s Meri- stead struck the water a quarter mile sponse. In this capacity, Rear Admiral torious Public Service Award, it is my off the Chinese coastline. The crew was Nash joined more than 40,000 respond- honor to commend Ms. Mitchell on the forced to swim to shore. ers to provide needed relief for citizens, Senate Floor.∑ Staff Sergeant Thatcher, the only wildlife, and the environment. His out- f member of Crew 7 who was unharmed, standing leadership in these operations RECOGNIZING NELA PARK cared for the injured until the Chinese played an integral role in resolving the arrived to help. Sadly, 11 Doolittle unparalleled problems posed by the on- ∑ Mr. BROWN. Mr. President, I rise in Raiders were killed or captured by the going spill. recognition of General Electric’s famed Japanese during the raid but, remark- Rear Admiral Nash’s illustrious ca- Nela Park, which is celebrating its ably, 69 of them were eventually res- reer includes many military decora- 100th Anniversary this year. cued. tions. Among them are the Legion of Nela Park was built in 1913, but its Staff Sergeant Thatcher went on to Merit, Coast Guard Meritorious Service roots go back even further. serve in England and became an engi- Medal, Coast Guard Commendation In 1879, American hero and one of neer/gunner on a B–26 for the invasion Medal, and Coast Guard Achievement Ohio’s great luminaries, Thomas Edi- of North Africa. He was discharged Medal. Rear Admiral Nash has been son, invented the carbon filament from the service on July 11, 1945. and continues to be an inspiration to lamp. This invention led to the found- For his gallantry in action during all those who have been impacted by ing of Edison Electric, which in 1892 the raid on Japan, he received the Sil- his tireless service. would merge with a competitor to be- ver Star. He was also awarded the Dis- It is with my greatest sincerity that come General Electric. tinguished Flying Cross and the Air I ask my colleagues to join me, along GE had many competitors by the Medal with four Oak Leaf Clusters, with Rear Admiral Nash’s family, in turn of the century. When the National along with the Chinese Army, Navy, recognizing the hard work, dedication, Electric Lamp Company, NELA, was and Air Corps Medal, Class A, 1st and many accomplishments of this in- acquired by GE, it prompted the devel- Grade. credible leader. opment of Nela Park in East Cleveland. The 92 acre campus was completed 2 Today, I would like to honor the four f courageous Doolittle Raiders who re- years later and was the world’s first in- main with us: Richard E. Cole, Robert ADDITIONAL STATEMENTS dustrial park, another example of L. Hite, Edward J. Saylor and David J. Ohio’s leadership and trailblazing spir- it. Thatcher. TRIBUTE TO GERALDINE Let us also take a moment to honor Nela Park is famous for its Georgian MITCHELL the 76 others who have passed. Revival architecture and every year The success of the Doolittle Raid ∑ Mr. BROWN. Madam President, I rise features a world-renowned Christmas marked a turning point in the war. It to commemorate Geraldine Mitchell of lighting display, modeled after the provided a morale boost for the United Toledo, OH. lighting display in Washington, DC. By States and it proved to the Japanese Ms. Mitchell saved a woman’s life 1975, the park earned the recognition it people that they were no longer invul- during her work day as a bus driver in deserved and was listed as a Historic nerable. Ohio’s fourth most populous city. Place in the U.S. Department of the In- The Doolittle Raiders have earned a Every day, hundreds of Toledoans take terior’s National Register. hallowed place in our American his- public transit to work, to the doctor’s Today, Nela Park is the national tory, and today I commend Mr. office, to school. headquarters of GE’s Lighting & Elec- Thatcher and his comrades for their As a driver for the Toledo Area Re- trical Institute and serves as a source courage and sacrifice. gional Transit Authority with some 16 of innovation and a testament to f years of experience, Ms. Mitchell keeps Ohio’s manufacturing strength. In an a watchful eye—for children chasing age of environmental and efficiency TRIBUTE TO REAR ADMIRAL ROY balls into the street, for passersby conscientiousness, GE lighting still il- A. NASH crossing busy roads in front of on-com- luminates the world, advancing new Ms. LANDRIEU. Mr. President, today ing traffic. So, on an afternoon in technologies such as fluorescents and I ask my colleagues to join me in rec- March, Ms. Mitchell did not hesitate to light-emitting diodes. ognizing RADM Roy A. Nash, who will act as she witnessed a woman attempt- For more than a century GE has em- retire on May 2, 2013, as the Com- ing to commit suicide along the bus ployed Ohioans—at all levels of the mander of the Eighth Coast Guard Dis- route. Ms. Mitchell immediately company—and has been a significant trict of New Orleans. stopped her bus and ran to the woman’s part of our State and our Nation’s Since graduating from the Coast aid. economy. I commend GE for its posi- Guard Academy in 1979, Rear Admiral Bus passengers and Corey Bush, an tive impact on Ohio, the United States, Nash has served in a variety of oper- off-duty police officer from a neigh- and the world. ational and staff assignments during boring jurisdiction, also ran to help as I am proud that GE Lighting calls his 34 years of service. A few of his as- Ms. Mitchell performed CPR to keep Ohio its home, and I look forward to its signments during his years with the the woman alive before emergency re- continued production and innovation Coast Guard include serving as the sponders arrived. According to the To- in the Buckeye state.∑

VerDate Mar 15 2010 00:55 Apr 19, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G18AP6.021 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 18, 2013 CONGRESSIONAL RECORD — SENATE S2795 MESSAGES FROM THE PRESIDENT EC–1177. A communication from the Acting ment of Commerce, transmitting, pursuant Deputy Director, Office of Sustainable Fish- to law, the report of a rule entitled ‘‘Magnu- Messages from the President of the eries, Department of Commerce, transmit- son-Stevens Act Provisions; Fisheries of the United States were communicated to ting, pursuant to law, the report of a rule en- Northeastern United States; Northeast the Senate by Mr. Pate, one of his sec- titled ‘‘Fisheries of the Exclusive Economic Multispecies Fishery; Sector Exemptions; retaries. Zone Off Alaska; Pacific Cod by Catcher Ves- Final Rule Implementing a Targeted Aca- sels Less Than 50 Feet (15.2 Meters) Length dian Redfish Fishery for Sector Vessels’’ f Overall Using Hook-and-Line Gear in the (RIN0648–XC164) received in the Office of the EXECUTIVE MESSAGES REFERRED Central Regulatory Area of the Gulf of Alas- President of the Senate on April 10, 2013; to ka’’ (RIN0648–XC584) received in the Office of the Committee on Commerce, Science, and As in executive session the Presiding the President of the Senate on April 10, 2013; Transportation. Officer laid before the Senate messages to the Committee on Commerce, Science, EC–1185. A communication from the Direc- from the President of the United and Transportation. tor, Office of Sustainable Fisheries, Depart- States submitting sundry nominations EC–1178. A communication from the Acting ment of Commerce, transmitting, pursuant which were referred to the appropriate Deputy Director, Office of Sustainable Fish- to law, the report of a rule entitled ‘‘Fish- eries, Department of Commerce, transmit- eries of the Northeastern United States; At- committees. ting, pursuant to law, the report of a rule en- (The messages received today are lantic Mackerel, Squid, and Butterfish Fish- titled ‘‘Fisheries of the Exclusive Economic eries; Framework Adjustment 7’’ (RIN0648– printed at the end of the Senate pro- Zone Off Alaska; Pacific Cod by Catcher Ves- BC72) received in the Office of the President ceedings.) sels Greater Than 50 Feet (15.2 Meters) of the Senate on April 10, 2013; to the Com- Length Overall Using Hook-and-Line Gear in f mittee on Commerce, Science, and Transpor- the Central Regulatory Area of the Gulf of tation. MESSAGE FROM THE HOUSE Alaska’’ (RIN0648–XC585) received in the Of- EC–1186. A communication from the Direc- fice of the President of the Senate on April At 11:45 a.m., a message from the tor, Office of Sustainable Fisheries, Depart- 10, 2013; to the Committee on Commerce, ment of Commerce, transmitting, pursuant House of Representatives, delivered by Science, and Transportation. to law, the report of a rule entitled ‘‘Pacific Mr. Novotny, one of its reading clerks, EC–1179. A communication from the Acting Halibut Fisheries; Catch Sharing Plan’’ announced that pursuant to section Deputy Director, Office of Sustainable Fish- (RIN0648–BC75) received in the Office of the 4(b) of the World War I Centennial eries, Department of Commerce, transmit- President of the Senate on April 10, 2013; to Commission Act (Public Law 112–272), ting, pursuant to law, the report of a rule en- the Committee on Commerce, Science, and titled ‘‘Fisheries of the Caribbean, Gulf of Transportation. and the order of the House of January Mexico, and South Atlantic; 2013 Account- 3, 2013, the Speaker appoints the fol- EC–1187. A communication from the Direc- ability Measures for Species in the U.S. Car- tor, Office of Sustainable Fisheries, Depart- lowing individual on the part of the ibbean’’ (RIN0648–XC574) received in the Of- ment of Commerce, transmitting, pursuant House of Representatives to the World fice of the President of the Senate on April to law, the report of a rule entitled ‘‘Fish- War I Centennial Commission: Colonel 10, 2013; to the Committee on Commerce, eries Off West Coast States; Coastal Pelagic Thomas N. Moe, Retired, of Lancaster, Science, and Transportation. Species Fisheries; Annual Specifications’’ Ohio. EC–1180. A communication from the Acting (RIN0648–XC263) received in the Office of the Deputy Director, Office of Sustainable Fish- President of the Senate on April 10, 2013; to The message also announced that eries, Department of Commerce, transmit- the Committee on Commerce, Science, and pursuant to 14 U.S.C. 194, and the order ting, pursuant to law, the report of a rule en- Transportation. of the House of January 3, 2013, the titled ‘‘Fisheries of the Exclusive Economic EC–1188. A communication from the Direc- Speaker appoints the following Mem- Zone Off Alaska; Pacific Cod by Catcher Ves- tor, Office of Sustainable Fisheries, Depart- bers on the part of the House of Rep- sels Using Trawl Gear in the Central Regu- ment of Commerce, transmitting, pursuant resentatives to the Board of Visitors to latory Area of the Gulf of Alaska’’ (RIN0648– to law, the report of a rule entitled ‘‘Fish- the United States Coast Guard Acad- XC590) received in the Office of the President eries of the Northeastern United States; At- of the Senate on April 10, 2013; to the Com- lantic Herring Fishery; Adjustment to 2013 emy: Mr. COBLE of North Carolina, and mittee on Commerce, Science, and Transpor- Annual Catch Limits’’ (RIN0648–XC318) re- Mr. COURTNEY of Connecticut. tation. ceived during adjournment of the Senate in f EC–1181. A communication from the Acting Deputy Director, Office of Sustainable Fish- the Office of the President of the Senate on EXECUTIVE AND OTHER eries, Department of Commerce, transmit- March 26, 2013; to the Committee on Com- ting, pursuant to law, the report of a rule en- merce, Science, and Transportation. COMMUNICATIONS EC–1189. A communication from the Direc- titled ‘‘Fisheries of the Exclusive Economic tor, Office of Sustainable Fisheries, Depart- The following communications were Zone Off Alaska; Pacific Cod by Catcher Ves- ment of Commerce, transmitting, pursuant laid before the Senate, together with sels Less Than 60 feet (18.3 meters) Length to law, the report of a rule entitled ‘‘Fish- accompanying papers, reports, and doc- Overall Using Jig or Hook-and-Line Gear in eries of the Exclusive Economic Zone Off the Bogoslof Pacific Cod Exemption Area in uments, and were referred as indicated: Alaska; Bering Sea and Aleutian Islands EC–1173. A communication from the Chair- the Bering Sea and Aleutian Islands Manage- ment Area’’ (RIN0648–XC596) received in the Management Area; Groundfish Retention man, Federal Maritime Commission, trans- Standard’’ (RIN0648–BA93) received during mitting, pursuant to law, the Commission’s Office of the President of the Senate on April 10, 2013; to the Committee on Commerce, adjournment of the Senate in the Office of 51st Annual Report of the activities of the the President of the Senate on March 27, Federal Maritime Commission for fiscal year Science, and Transportation. EC–1182. A communication from the Acting 2013; to the Committee on Commerce, 2012; to the Committee on Commerce, Deputy Director, Office of Sustainable Fish- Science, and Transportation. Science, and Transportation. eries, Department of Commerce, transmit- EC–1190. A communication from the Direc- EC–1174. A communication from the Sec- ting, pursuant to law, the report of a rule en- tor, Office of Sustainable Fisheries, Depart- retary of Transportation, transmitting, pur- titled ‘‘Fisheries of the Caribbean, Gulf of ment of Commerce, transmitting, pursuant suant to law, a report relative to rec- Mexico, and South Atlantic; 2013 Commer- to law, the report of a rule entitled ‘‘Fish- ommendations of the Advisory Committee cial Accountability Measure and Closure for eries of the Exclusive Economic Zone Off on Aviation Consumer Protection; to the Coastal Migratory Pelagic Resources of the Alaska; Bering Sea and Aleutian Islands; Committee on Commerce, Science, and Gulf of Mexico and South Atlantic’’ 2013 and 2014 Harvest Specifications for Transportation. (RIN0648–XC570) received in the Office of the Groundfish’’ (RIN0648–XC311) received during EC–1175. A communication from the Vice President of the Senate on April 10, 2013; to adjournment of the Senate in the Office of President of Government Affairs and Cor- the Committee on Commerce, Science, and the President of the Senate on March 27, porate Communications, National Railroad Transportation. 2013; to the Committee on Commerce, Passenger Corporation, Amtrak, transmit- EC–1183. A communication from the Acting Science, and Transportation. ting, pursuant to law, a report relative to Deputy Director, Office of Sustainable Fish- EC–1191. A communication from the Direc- Amtrak’s Executive Level 1 salary for 2012; eries, Department of Commerce, transmit- tor, Office of Sustainable Fisheries, Depart- to the Committee on Commerce, Science, ting, pursuant to law, the report of a rule en- ment of Commerce, transmitting, pursuant and Transportation. titled ‘‘Fisheries of the Exclusive Economic to law, the report of a rule entitled ‘‘Fish- EC–1176. A communication from the Acting Zone Off Alaska; Sablefish Managed Under eries of the Exclusive Economic Zone Off Administrator of the Federal Aviation Ad- the Individual Fishing Quota Program’’ Alaska; Gulf of Alaska; Final 2013 and 2014 ministration, Department of Transportation, (RIN0648–XC569) received in the Office of the Harvest Specifications for Groundfish’’ transmitting, pursuant to law, a report enti- President of the Senate on April 10, 2013; to (RIN0648–XC254) received during adjourn- tled ‘‘Assistance Provided to Foreign Avia- the Committee on Commerce, Science, and ment of the Senate in the Office of the Presi- tion Authorities for Fiscal Year 2012’’; to the Transportation. dent of the Senate on March 28, 2013; to the Committee on Commerce, Science, and EC–1184. A communication from the Direc- Committee on Commerce, Science, and Transportation. tor, Office of Sustainable Fisheries, Depart- Transportation.

VerDate Mar 15 2010 00:55 Apr 19, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A18AP6.023 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2796 CONGRESSIONAL RECORD — SENATE April 18, 2013 EC–1192. A communication from the Direc- Transfer’’ (RIN0648–XC499) received during EC–1207. A communication from the Para- tor, Office of Sustainable Fisheries, Depart- adjournment of the Senate in the Office of legal Specialist, Federal Aviation Adminis- ment of Commerce, transmitting, pursuant the President of the Senate on March 27, tration, Department of Transportation, to law, the report of a rule entitled ‘‘Western 2013; to the Committee on Commerce, transmitting, pursuant to law, the report of Pacific Fisheries; 2013 Annual Catch Limits Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; Si- and Accountability Measures’’ (RIN0648– EC–1200. A communication from the Acting korsky Aircraft Corporation Helicopters’’ XC351) received during adjournment of the Deputy Director, Office of Sustainable Fish- ((RIN2120–AA64) (Docket No. FAA–2012–0085)) Senate in the Office of the President of the eries, Department of Commerce, transmit- received in the Office of the President of the Senate on March 28, 2013; to the Committee ting, pursuant to law, the report of a rule en- Senate on April 9, 2013; to the Committee on on Commerce, Science, and Transportation. titled ‘‘Fisheries of the Exclusive Economic Commerce, Science, and Transportation. EC–1193. A communication from the Direc- Zone Off Alaska; Pacific Cod by Catcher Ves- EC–1208. A communication from the Para- tor, Office of Sustainable Fisheries, Depart- sels Using Trawl Gear in the Western Regu- legal Specialist, Federal Aviation Adminis- ment of Commerce, transmitting, pursuant latory Area of the Gulf of Alaska’’ (RIN0648– tration, Department of Transportation, to law, the report of a rule entitled ‘‘Atlan- XC522) received during adjournment of the transmitting, pursuant to law, the report of tic Highly Migratory Species; Atlantic Senate in the Office of the President of the a rule entitled ‘‘Airworthiness Directives; Bluefin Tuna Fisheries; General Category Senate on March 28, 2013; to the Committee Rolls-Royce plc Turbofan Engines’’ Fishery’’ (RIN0648–XC506) received during ad- on Commerce, Science, and Transportation. ((RIN2120–AA64) (Docket No. FAA–2012–0004)) journment of the Senate in the Office of the EC–1201. A communication from the Acting received in the Office of the President of the President of the Senate on March 26, 2013; to Deputy Director, Office of Sustainable Fish- Senate on April 9, 2013; to the Committee on the Committee on Commerce, Science, and eries, Department of Commerce, transmit- Commerce, Science, and Transportation. Transportation. ting, pursuant to law, the report of a rule en- EC–1209. A communication from the Attor- EC–1194. A communication from the Acting titled ‘‘Fisheries of the Caribbean, Gulf of ney-Advisor, U.S. Coast Guard, Department Deputy Director, Office of Sustainable Fish- Mexico, and South Atlantic; 2013 Account- of Homeland Security, transmitting, pursu- eries, Department of Commerce, transmit- ability Measures for the Gulf of Mexico Com- ant to law, the report of a rule entitled ting, pursuant to law, the report of a rule en- mercial Greater Amberjack’’ (RIN0648– ‘‘Safety Zone; SFPD Training Safety Zone; titled ‘‘Fisheries of the Exclusive Economic XC467) received during adjournment of the San Francisco Bay, San Francisco, CA’’ Zone Off Alaska; Reallocation of Pollock in Senate in the Office of the President of the ((RIN1625–AA00) (Docket No. USCG–2013– the Bering Sea and Aleutian Islands’’ Senate on April 3, 2013; to the Committee on 0148)) received in the Office of the President (RIN0648–XC543) received during adjourn- Commerce, Science, and Transportation. of the Senate on April 15, 2013; to the Com- ment of the Senate in the Office of the Presi- EC–1202. A communication from the Acting mittee on Commerce, Science, and Transpor- dent of the Senate on March 26, 2013; to the Deputy Director, Office of Sustainable Fish- tation. Committee on Commerce, Science, and eries, Department of Commerce, transmit- EC–1210. A communication from the Attor- Transportation. ting, pursuant to law, the report of a rule en- ney-Advisor, U.S. Coast Guard, Department EC–1195. A communication from the Acting titled ‘‘Fisheries of the Caribbean, Gulf of of Homeland Security, transmitting, pursu- Deputy Director, Office of Sustainable Fish- Mexico, and South Atlantic; Snapper-Group- ant to law, the report of a rule entitled ‘‘Spe- eries, Department of Commerce, transmit- er Resources of the South Atlantic; Golden cial Local Regulations; Stuart Sailfish Re- ting, pursuant to law, the report of a rule en- Tilefish Trip Limit Adjustments’’ (RIN0648– gatta, Indian River; Stuart, FL’’ ((RIN1625– titled ‘‘Fisheries of the Caribbean, Gulf of XC529) received during adjournment of the AA08) (Docket No. USCG–2012–0150)) received Mexico, and South Atlantic; Gulf of Mexico Senate in the Office of the President of the in the Office of the President of the Senate Reef Fish Fishery; 2013 Accountability Meas- Senate on April 3, 2013; to the Committee on on April 15, 2013; to the Committee on Com- ure for Gulf of Mexico Commercial Gray Commerce, Science, and Transportation. merce, Science, and Transportation. Triggerfish’’ (RIN0648–XC510) received during EC–1203. A communication from the Acting EC–1211. A communication from the Para- adjournment of the Senate in the Office of Deputy Director, Office of Sustainable Fish- legal Specialist, Federal Aviation Adminis- the President of the Senate on March 26, eries, Department of Commerce, transmit- tration, Department of Transportation, 2013; to the Committee on Commerce, ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, the report of Science, and Transportation. titled ‘‘Fisheries of the Exclusive Economic a rule entitled ‘‘Airworthiness Directives; EC–1196. A communication from the Acting Zone Off Alaska; Pollock in Statistical Area Eurocopter Deutschland GmbH Helicopters’’ Deputy Director, Office of Sustainable Fish- 630 in the Gulf of Alaska’’ (RIN0648–XC505) ((RIN2120–AA64) (Docket No. FAA–2013–0239)) eries, Department of Commerce, transmit- received during adjournment of the Senate received during adjournment of the Senate ting, pursuant to law, the report of a rule en- in the Office of the President of the Senate in the Office of the President of the Senate titled ‘‘Fisheries of the Exclusive Economic on April 3, 2013; to the Committee on Com- on March 26, 2013; to the Committee on Com- Zone Off Alaska; Pacific Cod by Catcher Ves- merce, Science, and Transportation. merce, Science, and Transportation. sels Using Trawl Gear in the Bering Sea and EC–1204. A communication from the Acting EC–1212. A communication from the Para- Aleutian Islands Management Area’’ Deputy Director, Office of Sustainable Fish- legal Specialist, Federal Aviation Adminis- (RIN0648–XC552) received during adjourn- eries, Department of Commerce, transmit- tration, Department of Transportation, ment of the Senate in the Office of the Presi- ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, the report of dent of the Senate on March 26, 2013; to the titled ‘‘Fisheries of the Exclusive Economic a rule entitled ‘‘Airworthiness Directives; Committee on Commerce, Science, and Zone Off Alaska; Pacific Cod by Catcher Ves- Eurocopter France Helicopters’’ ((RIN2120– Transportation. sels Using Trawl Gear in the Western Regu- AA64) (Docket No. FAA–2013–0240)) received EC–1197. A communication from the Acting latory Area of the Gulf of Alaska’’ (RIN0648– during adjournment of the Senate in the Of- Deputy Director, Office of Sustainable Fish- XC502) received during adjournment of the fice of the President of the Senate on March eries, Department of Commerce, transmit- Senate in the Office of the President of the 26, 2013; to the Committee on Commerce, ting, pursuant to law, the report of a rule en- Senate on April 3, 2013; to the Committee on Science, and Transportation. titled ‘‘Fisheries of the Exclusive Economic Commerce, Science, and Transportation. EC–1213. A communication from the Para- Zone Off Alaska; Pollock in Statistical Area EC–1205. A communication from the Acting legal Specialist, Federal Aviation Adminis- 630 in the Gulf of Alaska’’ (RIN0648–XC550) Deputy Director, Office of Sustainable Fish- tration, Department of Transportation, received during adjournment of the Senate eries, Department of Commerce, transmit- transmitting, pursuant to law, the report of in the Office of the President of the Senate ting, pursuant to law, the report of a rule en- a rule entitled ‘‘Airworthiness Directives; on March 26, 2013; to the Committee on Com- titled ‘‘Fisheries of the Caribbean, Gulf of The Boeing Company Airplanes’’ ((RIN2120– merce, Science, and Transportation. Mexico, and South Atlantic; Coastal Migra- AA64) (Docket No. FAA–2013–0210)) received EC–1198. A communication from the Acting tory Pelagic Resources of the Gulf of Mexico during adjournment of the Senate in the Of- Deputy Director, Office of Sustainable Fish- and South Atlantic; Trip Limit Reduction’’ fice of the President of the Senate on March eries, Department of Commerce, transmit- (RIN0648–XC553) received during adjourn- 26, 2013; to the Committee on Commerce, ting, pursuant to law, the report of a rule en- ment of the Senate in the Office of the Presi- Science, and Transportation. titled ‘‘Fisheries of the Exclusive Economic dent of the Senate on April 3, 2013; to the EC–1214. A communication from the Para- Zone Off Alaska; Pollock in the West Yak- Committee on Commerce, Science, and legal Specialist, Federal Aviation Adminis- utat District of the Gulf of Alaska’’ Transportation. tration, Department of Transportation, (RIN0648–XC536) received during adjourn- EC–1206. A communication from the Regu- transmitting, pursuant to law, the report of ment of the Senate in the Office of the Presi- latory Ombudsman, Federal Motor Carrier a rule entitled ‘‘Airworthiness Directives; dent of the Senate on March 26, 2013; to the Safety Administration, Department of Eurocopter France Helicopters’’ ((RIN2120– Committee on Commerce, Science, and Transportation, transmitting, pursuant to AA64) (Docket No. FAA–2012–0795)) received Transportation. law, the report of a rule entitled ‘‘Transpor- during adjournment of the Senate in the Of- EC–1199. A communication from the Acting tation of Agricultural Commodities’’ fice of the President of the Senate on March Deputy Director, Office of Sustainable Fish- (RIN2126–AB58) received during adjournment 26, 2013; to the Committee on Commerce, eries, Department of Commerce, transmit- of the Senate in the Office of the President Science, and Transportation. ting, pursuant to law, the report of a rule en- of the Senate on March 26, 2013; to the Com- EC–1215. A communication from the Para- titled ‘‘Fisheries of the Northeastern United mittee on Commerce, Science, and Transpor- legal Specialist, Federal Aviation Adminis- States; Summer Flounder Fishery; Quota tation. tration, Department of Transportation,

VerDate Mar 15 2010 00:55 Apr 19, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A18AP6.018 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 18, 2013 CONGRESSIONAL RECORD — SENATE S2797 transmitting, pursuant to law, the report of tration, Department of Transportation, (Nominations without an asterisk a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of were reported with the recommenda- Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) a rule entitled ‘‘Amendment of Multiple Re- tion that they be confirmed.) (Docket No. FAA–2012–0641)) received during stricted Areas; Eglin AFB, FL’’ ((RIN2120– adjournment of the Senate in the Office of AA66) (FAA–2013–0178)) received during ad- f the President of the Senate on March 26, journment of the Senate in the Office of the INTRODUCTION OF BILLS AND 2013; to the Committee on Commerce, President of the Senate on March 26, 2013; to JOINT RESOLUTIONS Science, and Transportation. the Committee on Commerce, Science, and EC–1216. A communication from the Para- Transportation. The following bills and joint resolu- legal Specialist, Federal Aviation Adminis- EC–1224. A communication from the Para- tions were introduced, read the first tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- and second times by unanimous con- transmitting, pursuant to law, the report of tration, Department of Transportation, sent, and referred as indicated: a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of By Mrs. MURRAY (for herself, Mr. Airbus Airplanes’’ ((RIN2120–AA64) (Docket a rule entitled ‘‘Amendment of Class E Air- FRANKEN, Mr. REED, and Mr. SAND- No. FAA–2012–1160)) received during adjourn- space; Unalakleet, AK’’ ((RIN2120–AA66) ERS): ment of the Senate in the Office of the Presi- (FAA–2012–0322)) received during adjourn- S. 758. A bill to establish a comprehensive dent of the Senate on March 26, 2013; to the ment of the Senate in the Office of the Presi- literacy program; to the Committee on Committee on Commerce, Science, and dent of the Senate on March 26, 2013; to the Health, Education, Labor, and Pensions. Transportation. Committee on Commerce, Science, and EC–1217. A communication from the Para- Transportation. By Mr. CASEY (for himself, Mr. legal Specialist, Federal Aviation Adminis- EC–1225. A communication from the Para- MORAN, Mr. TESTER, Mr. BEGICH, Ms. tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- MIKULSKI, Mr. SANDERS, Mr. transmitting, pursuant to law, the report of tration, Department of Transportation, BLUMENTHAL, Mr. SCHATZ, Mrs. a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of BOXER, Mr. BLUNT, Ms. COLLINS, Mr. Rolls-Royce Deutschland Ltd and Co KG a rule entitled ‘‘Amendment to Class B Air- LAUTENBERG, Mr. COONS, and Mr. Turbofan Engines’’ ((RIN2120–AA64) (Docket space; Atlanta, GA’’ ((RIN2120–AA66) (FAA– ROBERTS): No. FAA–2012–1031)) received during adjourn- 2011–1237)) received during adjournment of S. 759. A bill to amend the Internal Rev- ment of the Senate in the Office of the Presi- the Senate in the Office of the President of enue Code of 1986 to allow a credit against dent of the Senate on March 26, 2013; to the the Senate on March 26, 2013; to the Com- income tax for amounts paid by a spouse of Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- a member of the Armed Forces for a new Transportation. tation. State license or certification required by EC–1218. A communication from the Para- EC–1226. A communication from the Para- reason of a permanent change in the duty legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- station of such member to another State; to tration, Department of Transportation, tration, Department of Transportation, the Committee on Finance. transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of By Mr. WARNER (for himself and Mr. a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Establishment of Class E JOHNSON of Wisconsin): Diamond Aircraft Industries GmbH Air- Airspace; Wilbur, WA’’ ((RIN2120–AA66) S. 760. A bill to require the establishment planes’’ ((RIN2120–AA64) (Docket No. FAA– (FAA–2012–0768)) received during adjourn- of Federal customer service standards and to 2013–0247)) received during adjournment of ment of the Senate in the Office of the Presi- improve the service provided by Federal the Senate in the Office of the President of dent of the Senate on March 26, 2013; to the agencies; to the Committee on Homeland Se- the Senate on March 26, 2013; to the Com- Committee on Commerce, Science, and curity and Governmental Affairs. mittee on Commerce, Science, and Transpor- Transportation. By Mrs. SHAHEEN (for herself and Mr. EC–1227. A communication from the Para- tation. PORTMAN): EC–1219. A communication from the Para- legal Specialist, Federal Aviation Adminis- S. 761. A bill to promote energy savings in legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, residential and commercial buildings and in- tration, Department of Transportation, transmitting, pursuant to law, the report of dustry, and for other purposes; to the Com- transmitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Class E Air- mittee on Energy and Natural Resources. a rule entitled ‘‘Type Certification Proce- space; Morrisville, VT’’ ((RIN2120–AA66) By Mr. THUNE: dures for Changed Products’’ ((RIN2120– (FAA–2012–0835)) received during adjourn- S. 762. A bill to amend the Food and Nutri- AK19) (Docket No. FAA–2001–8994)) received ment of the Senate in the Office of the Presi- tion Act of 2008 to improve the supplemental during adjournment of the Senate in the Of- dent of the Senate on March 26, 2013; to the nutrition assistance program; to the Com- fice of the President of the Senate on March Committee on Commerce, Science, and mittee on Agriculture, Nutrition, and For- 26, 2013; to the Committee on Commerce, Transportation. estry. EC–1228. A communication from the Para- Science, and Transportation. By Mr. ROBERTS (for himself and Mr. EC–1220. A communication from the Para- legal Specialist, Federal Aviation Adminis- MORAN): legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, S. 763. A bill to authorize States to enforce tration, Department of Transportation, transmitting, pursuant to law, the report of pipeline safety requirements related to transmitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Class E Air- wellbores at interstate storage facilities; to a rule entitled ‘‘Activation of Ice Protec- space; Scammon Bay, AK’’ ((RIN2120–AA66) the Committee on Commerce, Science, and tion’’ ((RIN2120–AJ43) (Docket No. FAA–2009– (FAA–2012–0121)) received during adjourn- Transportation. 0675)) received during adjournment of the ment of the Senate in the Office of the Presi- By Mr. CORNYN: Senate in the Office of the President of the dent of the Senate on March 26, 2013; to the S. 764. A bill to amend title XXVII of the Senate on March 26, 2013; to the Committee Committee on Commerce, Science, and Public Health Service Act to require the dis- on Commerce, Science, and Transportation. Transportation. closure of information regarding how certain EC–1221. A communication from the Para- f taxes and fees impact the amount of pre- miums, and for other purposes; to the Com- legal Specialist, Federal Aviation Adminis- EXECUTIVE REPORTS OF tration, Department of Transportation, mittee on Health, Education, Labor, and transmitting, pursuant to law, the report of COMMITTEES Pensions. a rule entitled ‘‘Standard Instrument Ap- The following executive reports of By Mr. BENNET (for himself, Mr. proach Procedures; Miscellaneous Amend- nominations were submitted: FRANKEN, Ms. KLOBUCHAR, Mr. UDALL of Colorado, and Mr. HEINRICH): ments (105); Amdt. No. 3525’’ (RIN2120–AA65) By Mr. WYDEN for the Committee on En- S. 765. A bill to help provide relief to State received during adjournment of the Senate ergy and Natural Resources. in the Office of the President of the Senate *Ernest J. Moniz, of Massachusetts, to be education budgets during a recovering econ- on March 26, 2013; to the Committee on Com- Secretary of Energy. omy, to help fulfill the Federal mandate to merce, Science, and Transportation. By Mr. LEAHY for the Committee on the provide higher educational opportunities for EC–1222. A communication from the Para- Judiciary. Native American Indians, and for other pur- legal Specialist, Federal Aviation Adminis- Karol Virginia Mason, of Georgia, to be an poses; to the Committee on Health, Edu- tration, Department of Transportation, Assistant Attorney General. cation, Labor, and Pensions. transmitting, pursuant to law, the report of Gregory Alan Phillips, of Wyoming, to be By Mr. JOHNSON of South Dakota (for a rule entitled ‘‘Standard Instrument Ap- United States Circuit Judge for the Tenth himself, Mr. ROBERTS, Mr. TESTER, proach Procedures; Miscellaneous Amend- Circuit. Mr. CRAPO, Mr. JOHANNS, and Mr. ments (57); Amdt. No. 3524’’ (RIN2120–AA65) *Nomination was reported with rec- MORAN): received during adjournment of the Senate ommendation that it be confirmed sub- S. 766. A bill to amend section 520 of the Housing Act of 1949 to revise the census data in the Office of the President of the Senate ject to the nominee’s commitment to on March 26, 2013; to the Committee on Com- and population requirements for areas to be merce, Science, and Transportation. respond to requests to appear and tes- considered as rural areas for purposes of such EC–1223. A communication from the Para- tify before any duly constituted com- Act; to the Committee on Banking, Housing, legal Specialist, Federal Aviation Adminis- mittee of the Senate. and Urban Affairs.

VerDate Mar 15 2010 00:55 Apr 19, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A18AP6.020 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2798 CONGRESSIONAL RECORD — SENATE April 18, 2013 By Mr. BARRASSO (for himself, Mr. S. Res. 102. A resolution expressing support of 2004, to provide assistance to Best ENZI, Mr. INHOFE, and Mr. ROBERTS): for the designation of Saint Louis, Missouri, Buddies to support the expansion and S. 767. A bill to amend title II of the Social as the ‘‘National Chess Capital’’ of the development of mentoring programs, Security Act to provide for Congressional United States to enhance awareness of the and for other purposes. oversight and approval of totalization agree- educational benefits of chess and to encour- ments; to the Committee on Finance. age schools and community centers to en- S. 603 By Mr. LEE (for himself, Mr. CRUZ, and gage in chess programs to promote problem- At the request of Mr. BARRASSO, the Mr. PAUL): solving, critical thinking, spatial awareness, names of the Senator from Florida (Mr. S. 768. A bill to treat gold and silver coins and goal setting; to the Committee on RUBIO) and the Senator from Arizona used as legal tender in the same manner as Health, Education, Labor, and Pensions. (Mr. FLAKE) were added as cosponsors United States currency for taxation pur- By Mr. REID: of S. 603, a bill to repeal the annual fee poses; to the Committee on Finance. S. Res. 103. A resolution to authorize rep- on health insurance providers enacted By Mr. DURBIN (for himself, Ms. STA- resentation by the Senate Legal Counsel in BENOW, Mr. UDALL of Colorado, Ms. the case of Steve Schonberg v. Senator by the Patient Protection and Afford- WARREN, Mr. BENNET, Mr. REED, Mr. Mitch McConnell, et al; considered and able Care Act. WHITEHOUSE, Mr. SANDERS, Mr. HAR- agreed to. S. 621 KIN, Mrs. BOXER, Mrs. MURRAY, and f At the request of Mr. MANCHIN, the Mr. CARDIN): names of the Senator from Florida (Mr. S. 769. A bill to designate as wilderness cer- ADDITIONAL COSPONSORS NELSON) and the Senator from Florida tain Federal portions of the red rock can- S. 200 yons of the Colorado Plateau and the Great (Mr. RUBIO) were added as cosponsors Basin Deserts in the State of Utah for the At the request of Ms. MURKOWSKI, the of S. 621, a bill to amend the Controlled benefit of present and future generations of name of the Senator from Rhode Island Substances Act to make any substance people in the United States; to the Com- (Mr. WHITEHOUSE) was added as a co- containing hydrocodone a schedule II mittee on Energy and Natural Resources. sponsor of S. 200, a bill to amend title drug. By Mr. CARDIN (for himself and Ms. 38, United States Code, to authorize S. 632 MIKULSKI): the interment in national cemeteries S. 770. A bill to authorize the Secretary of At the request of Mr. MCCAIN, the under the control of the National Cem- name of the Senator from Arizona (Mr. the Interior to conduct a special resource etery Administration of individuals study of President Station in Baltimore, FLAKE) was added as a cosponsor of S. Maryland, and for other purposes; to the who served in combat support of the 632, a bill to amend the Food, Con- Committee on Energy and Natural Re- Armed Forces in the Kingdom of Laos servation, and Energy Act of 2008 to re- sources. between February 28, 1961, and May 15, peal a duplicative program relating to By Mrs. BOXER (for herself and Mrs. 1975, and for other purposes. inspection and grading of catfish. FEINSTEIN): S. 226 S. 679 S. 771. A bill to provide to the Secretary of At the request of Mr. TESTER, the the Interior a mechanism to cancel contracts At the request of Mr. BROWN, the for the sale of materials CA–20139 and CA– name of the Senator from South Da- name of the Senator from Rhode Island 22901, and for other purposes; to the Com- kota (Mr. JOHNSON) was added as a co- (Mr. WHITEHOUSE) was added as a co- mittee on Energy and Natural Resources. sponsor of S. 226, a bill to amend the sponsor of S. 679, a bill to promote By Mr. NELSON (for himself, Mr. Family and Medical Leave Act of 1993 local and regional farm and food sys- RUBIO, Ms. LANDRIEU, Mr. TESTER, to provide leave because of the death of tems, and for other purposes. Mr. CASEY, and Mr. VITTER): a son or daughter. S. 772. A bill to amend the Federal Food, S. 687 S. 294 Drug, and Cosmetic Act to clarify the Food At the request of Mr. MORAN, the and Drug Administration’s jurisdiction over At the request of Mr. TESTER, the name of the Senator from Louisiana certain tobacco products, and to protect jobs name of the Senator from Colorado (Ms. LANDRIEU) was added as a cospon- and small businesses involved in the sale, (Mr. BENNET) was added as a cosponsor sor of S. 687, a bill to prohibit the clos- manufacturing and distribution of tradi- of S. 294, a bill to amend title 38, ing of air traffic control towers, and for tional and premium cigars; to the Com- United States Code, to improve the dis- other purposes. mittee on Health, Education, Labor, and ability compensation evaluation proce- S. 707 Pensions. dure of the Secretary of Veterans Af- By Mr. UDALL of New Mexico (for At the request of Mr. REED, the name fairs for veterans with mental health himself, Mr. CRAPO, Mr. HEINRICH, of the Senator from Florida (Mr. NEL- Mr. BENNET, Mr. UDALL of Colorado, conditions related to military sexual SON) was added as a cosponsor of S. 707, and Mr. RISCH): trauma, and for other purposes. a bill to amend the Higher Education S. 773. A bill to amend the Radiation Expo- S. 345 Act of 1965 to extend the reduced inter- sure Compensation Act to improve com- At the request of Mrs. SHAHEEN, the est rate for Federal Direct Stafford pensation for workers involved in uranium name of the Senator from Oklahoma mining, and for other purposes; to the Com- Loans. mittee on the Judiciary. (Mr. COBURN) was added as a cosponsor S. 709 By Mr. WARNER (for himself, Ms. MI- of S. 345, a bill to reform the Federal At the request of Ms. STABENOW, the KULSKI, Mr. BLUNT, Mr. BURR, Mrs. sugar program, and for other purposes. name of the Senator from New Jersey FEINSTEIN, Mr. CHAMBLISS, Mr. S. 367 (Mr. LAUTENBERG) was added as a co- UDALL of Colorado, Mr. RISCH, Mr. At the request of Mr. CARDIN, the sponsor of S. 709, a bill to amend title ROBERTS, Ms. HIRONO, Mr. ROCKE- name of the Senator from New York XVIII of the Social Security Act to in- FELLER, Mr. NELSON, Ms. COLLINS, CHUMER Mr. KING, Mr. RUBIO, Mr. COBURN, Mr. (Mr. S ) was added as a cospon- crease diagnosis of Alzheimer’s disease COATS, Mr. WYDEN, Mr. HEINRICH, Mr. sor of S. 367, a bill to amend title XVIII and related dementias, leading to bet- COCHRAN, Mr. DURBIN, Mr. MANCHIN, of the Social Security Act to repeal the ter care and outcomes for Americans Mr. CARDIN, Mr. KAINE, and Mr. Medicare outpatient rehabilitation living with Alzheimer’s disease and re- SCHATZ): therapy caps. lated dementias. S.J. Res. 13. A joint resolution amending S. 468 S. 720 title 36, United States Code, to designate July 26 as United States Intelligence Profes- At the request of Mr. ROCKEFELLER, At the request of Mr. THUNE, the sionals Day; to the Committee on the Judici- the name of the Senator from Illinois name of the Senator from Nevada (Mr. ary. (Mr. DURBIN) was added as a cosponsor HELLER) was added as a cosponsor of S. of S. 468, a bill to protect the health f 720, a bill to amend the Internal Rev- care and pension benefits of our na- enue Code of 1986 to provide for tax- SUBMISSION OF CONCURRENT AND tion’s miners. payers making donations with their re- SENATE RESOLUTIONS S. 475 turns of income tax to the Federal The following concurrent resolutions At the request of Mr. HARKIN, the Government to pay down the public and Senate resolutions were read, and name of the Senator from Iowa (Mr. debt. referred (or acted upon), as indicated: GRASSLEY) was added as a cosponsor of S. 731 By Mrs. MCCASKILL (for herself and S. 475, a bill to reauthorize the Special At the request of Mr. MANCHIN, the Mr. BLUNT): Olympics Sport and Empowerment Act name of the Senator from Mississippi

VerDate Mar 15 2010 01:32 Apr 19, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A18AP6.025 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 18, 2013 CONGRESSIONAL RECORD — SENATE S2799 (Mr. COCHRAN) was added as a cospon- S. RES. 60 There being no objection, the text of sor of S. 731, a bill to require the Board At the request of Mrs. BOXER, the the bill was ordered to be printed in of Governors of the Federal Reserve names of the Senator from Rhode Is- the RECORD, as follows: System, the Federal Deposit Insurance land (Mr. WHITEHOUSE), the Senator S. 764 Corporation, and the Office of the from Michigan (Mr. LEVIN) and the Be it enacted by the Senate and House of Rep- Comptroller of the Currency to conduct Senator from Oregon (Mr. WYDEN) were resentatives of the United States of America in an empirical impact study on proposed added as cosponsors of S. Res. 60, a res- Congress assembled, rules relating to the International olution supporting women’s reproduc- SECTION 1. SHORT TITLE. Basel III agreement on general risk- tive health. This Act may be cited as the ‘‘Patients’ based capital requirements, as they S. RES. 65 Right to Know Act of 2013’’. apply to community banks. At the request of Mr. GRAHAM, the SEC. 2. DISCLOSURE OF HEALTH INSURANCE IN- FORMATION TO CONSUMERS. S. 733 name of the Senator from New Mexico (a) IN GENERAL.—Section 2715 of the Public At the request of Mr. ALEXANDER, the (Mr. UDALL) was added as a cosponsor Health Service Act (42 U.S.C. 300gg–15) is name of the Senator from New York of S. Res. 65, a resolution strongly sup- amended by adding at the end the following (Mrs. GILLIBRAND) was added as a co- porting the full implementation of new subsection: sponsor of S. 733, a bill to amend the United States and international sanc- ‘‘(h) DISCLOSURE OF HEALTH INSURANCE IN- Department of Energy High-End Com- tions on Iran and urging the President FORMATION TO CONSUMERS.— puting Revitalization Act of 2004 to im- to continue to strengthen enforcement ‘‘(1) IN GENERAL.—A health insurance prove the high-end computing research of sanctions legislation. issuer or sponsor of a group health plan, through its annual summary of benefits and and development program of the De- S. RES. 75 partment of Energy, and for other pur- coverage explanation provided under sub- At the request of Mr. KIRK, the section (d), through an Internet website, or poses. names of the Senator from Arkansas through some other written means of com- S. 734 (Mr. BOOZMAN) and the Senator from munication with the consumer such as a At the request of Mr. NELSON, the Nevada (Mr. HELLER) were added as co- printed mailing— name of the Senator from Rhode Island sponsors of S. Res. 75, a resolution con- ‘‘(A) shall include the disclosure (effective (Mr. WHITEHOUSE) was added as a co- for plan years beginning on or after January demning the Government of Iran for its 1, 2016, and in addition to the information re- sponsor of S. 734, a bill to amend title state-sponsored persecution of its 10, United States Code, to repeal the quired to be disclosed under this section) of— Baha’i minority and its continued vio- requirement for reduction of survivor ‘‘(i) the applicable additional information lation of the International Covenants annuities under the Survivor Benefit relating to fees described in paragraph (2); on Human Rights. and Plan by veterans’ dependency and in- S. RES. 90 ‘‘(ii) the applicable additional information demnity compensation. included under paragraph (3)(D); and At the request of Mr. COONS, the S. 741 ‘‘(B) shall not be subject to any adminis- name of the Senator from Maryland At the request of Mr. VITTER, the trative action by the Secretary or by a State name of the Senator from Louisiana (Ms. MIKULSKI) was added as a cospon- authority with respect to any disclosure sor of S. Res. 90, a resolution standing (Ms. LANDRIEU) was added as a cospon- made on or after the date of the enactment sor of S. 741, a bill to extend the au- with the people of Kenya following of this subsection of such applicable addi- thorization of appropriations to carry their national and local elections on tional information if the disclosure is made March 4, 2013, and urging a peaceful based upon a good faith estimates of such in- out approved wetlands conservation formation and is in accordance with such projects under the North American and credible resolution of electoral dis- putes in the courts. standards as the Secretary may establish to Wetlands Conservation Act through fis- carry out this subsection. cal year 2017. AMENDMENT NO. 72 ‘‘(2) FEE INFORMATION.—The additional in- S. 743 At the request of Mr. INHOFE, the formation described in this paragraph, with At the request of Mr. ENZI, the names name of the Senator from Nebraska respect to a health insurance issuer issuing of the Senator from Arkansas (Mr. (Mrs. FISCHER) was withdrawn as a co- health insurance coverage in the individual, small, or large group market and with re- BOOZMAN), the Senator from South Da- sponsor of amendment No. 72 proposed spect to the sponsor of a group health plan, kota (Mr. JOHNSON), the Senator from to H.R. 933, ‘‘An Act making consoli- dated appropriations and further con- is as follows: Missouri (Mr. BLUNT), the Senator from ‘‘(A) FEE ON HEALTH INSURANCE PRO- Rhode Island (Mr. REED), the Senator tinuing appropriations for the fiscal VIDERS.—The annual fee on health insurance from Tennessee (Mr. CORKER), the Sen- year ending September 30, 2013.’’. providers under section 9010 of the Patient ator from Rhode Island (Mr. WHITE- AMENDMENT NO. 733 Protection and Affordable Care Act (26 HOUSE), the Senator from Maine (Ms. At the request of Ms. STABENOW, the U.S.C. 4001 note). COLLINS), the Senator from Arkansas name of the Senator from Missouri ‘‘(B) PCORI TAX.—Fees imposed under sub- chapter B of chapter 34 of the Internal Rev- (Mr. PRYOR), the Senator from West (Mrs. MCCASKILL) was added as a co- enue Code of 1986 (relating to funding the Pa- Virginia (Mr. ROCKEFELLER), the Sen- sponsor of amendment No. 733 intended tient-Centered Outcome Research Institute). LOBUCHAR ator from Minnesota (Ms. K ), to be proposed to S. 649, a bill to ensure ‘‘(C) REINSURANCE CONTRIBUTIONS.—Rein- the Senator from Minnesota (Mr. that all individuals who should be pro- surance contributions required under section FRANKEN), the Senator from Maryland hibited from buying a firearm are list- 1341(b) of the Patient Protection and Afford- (Mr. CARDIN), the Senator from Cali- ed in the national instant criminal able Care Act (42 U.S.C. 18061(b)). fornia (Mrs. FEINSTEIN), the Senator background check system and require a ‘‘(D) PROPOSED HEALTH INSURANCE EX- from Louisiana (Ms. LANDRIEU), the background check for every firearm CHANGE USER FEE.—Fees imposed on health Senator from West Virginia (Mr. sale, and for other purposes. plans relating to participation in an Ex- MANCHIN), the Senator from Michigan change under subtitle D of title I of the Pa- f tient Protection and Affordable Care Act (42 (Mr. LEVIN), the Senator from Iowa U.S.C. 18021 et seq.). (Mr. HARKIN), the Senator from Hawaii STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS ‘‘(E) RISK CORRIDOR PAYMENTS.—Risk cor- (Ms. HIRONO), the Senator from Maine ridor payments required under section (Mr. KING), the Senator from Colorado By Mr. CORNYN: 1342(b)(2) of the Patient Protection and Af- (Mr. UDALL), the Senator from Massa- S. 764. A bill to amend title XXVII of fordable Care Act (42 U.S.C. 18062(b)(2)). chusetts (Mr. COWAN), the Senator the Public Health Service Act to re- ‘‘(F) RISK ADJUSTMENT CHARGES.—Risk ad- from South Carolina (Mr. GRAHAM), the quire the disclosure of information re- justment charges imposed under section Senator from Delaware (Mr. CARPER), garding how certain taxes and fees im- 1343(a)(1) of the Patient Protection and Af- fordable Care Act (42 U.S.C. 18063(a)(1)). the Senator from Virginia (Mr. WAR- pact the amount of premiums, and for NER) and the Senator from Massachu- other purposes; to the Committee on In the case of health insurance coverage, such costs may be calculated separately for setts (Ms. WARREN) were added as co- Health, Education, Labor, and Pen- such coverage in the individual market, in sponsors of S. 743, a bill to restore sions. the small group market, and in the large States’ sovereign rights to enforce Mr. CORNYN. Mr. President, I ask group market for the health insurance issuer State and local sales and use tax laws, unanimous consent that the text of the involved. and for other purposes. bill be printed in the RECORD. ‘‘(3) OTHER INFORMATION.—

VerDate Mar 15 2010 01:32 Apr 19, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A18AP6.028 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2800 CONGRESSIONAL RECORD — SENATE April 18, 2013 ‘‘(A) STUDY.—The Comptroller General of 9.2 million acres I seek to protect are rent consumption levels. In fact, pro- the United States shall conduct a study of well known landscapes, such as the tecting these lands benefits local methods of calculating the impact on aver- Grand Staircase-Escalante National economies because of the recreational age premium costs associated with each of Monument, and lesser known areas just opportunities they provide. In fact, for the following: outside Zion National Park, many Utah cities and counties, outdoor ‘‘(i) MARKET IMPACT OF GUARANTEED ISSUE AND COMMUNITY RATING.—The requirement Canyonlands National Park, and Arch- recreation is the largest sector of the for guaranteed issuance of coverage under es National Park. Together this wild local economy providing up to 44 per- section 2702 and community rated premiums landscape offers spectacular vistas of cent of non-government jobs in the re- under section 2701. rare rock formations, canyons and gion. ‘‘(ii) AGE RATING IMPACT.—The requirement desert lands, important archaeological Unfortunately, scientists have al- of section 2701(a)(1)(A)(iii) (relating to limi- sites, and habitat for rare plant and ready begun to see the impacts of glob- tations on age rating). animal species. al warming on public lands throughout ‘‘(iii) PREVENTIVE SERVICES.—The require- I have visited many of the areas this the West. Hotter and drier conditions, ment for coverage of preventive services larger wildfires, shrinking water re- under section 2713. act would designate as wilderness. I ‘‘(iv) MINIMUM ESSENTIAL HEALTH BENEFITS can tell you that the natural beauty of sources, the spread of invasive species, COVERAGE.—The requirement that coverage these landscapes is a compelling reason soil erosion, and dust storms are all ex- provide for at least 60 percent of the actu- for Congress to grant these lands wil- pected to increase over the next cen- arial value of essential health benefits under derness protection. I have the honor of tury. These threats make the need to section 1302(d) of the Patient Protection and introducing legislation first introduced protect the remaining undisturbed Affordable Care Act. (42 U.S.C. 18022(d)). by my friend and former colleague in landscapes and wildlife habitats in ‘‘(B) CONSULTATION.—In conducting such the House of Representatives, Wayne Utah’s red rock wilderness even more study, the Comptroller General shall consult urgent. with health insurance issuers and State Owens. As a member of the Utah dele- gation, Congressman Owens pioneered America’s Red Rock Wilderness Act health insurance commissioners. is a lasting gift to the American public. ‘‘(C) REPORT.—Not later than October 1, the Congressional effort to protect 2014, the Comptroller General shall submit to Utah’s red rock wilderness. He did this By protecting this serene yet wild land each House of Congress and the Secretary a with broad public support, which still we are giving future generations the report on the study conducted under sub- exists not only in Utah, but in all cor- opportunity to enjoy the same paragraph (A). ners of the Nation. untrammeled landscape that so many ‘‘(D) INCLUSION OF ADDITIONAL INFORMA- The wilderness designated in this bill now cherish. TION.—After submission of such report, the was chosen based on more than 20 years I would like to thank my colleagues Secretary may also include in the informa- of meticulous research and surveying. who are original cosponsors of this tion required to be disclosed under paragraph measure. Original cosponsors are (1)(A)(ii) information on the impact on pre- Volunteers have taken inventories of DEBBIE STABENOW, MARK UDALL, ELIZA- miums of each of the requirements described thousands of square miles of BLM land in subparagraph (A). in Utah to help determine which lands BETH WARREN, MICHAEL BENNET, JACK ‘‘(4) RETENTION OF STATE RATE SETTING AU- should be protected. These volunteers REED, SHELDON WHITEHOUSE, BERNARD THORITY.—Nothing in this subsection shall be provided extensive documentation to SANDERS, TOM HARKIN, BARBARA construed to preempt State authority to reg- ensure that these areas meet Federal BOXER, PATTY MURRAY, and BENJAMIN ulate, reject, alter, or require additional in- wilderness criteria. The BLM also com- CARDIN. Additionally, I would like to formation in support of rates for health in- pleted an inventory of approximately thank the Utah Wilderness Coalition, surance coverage or oversight authority of which includes The Wilderness Society, the Secretary. 7.5 million acres of the land that would be protected by America’s Red Rock the Sierra Club, the Natural Resources ‘‘(5) DISCLOSURE TO THE GENERAL PUBLIC.— Defense Council, Earthjustice, and the The Secretary shall make the information Wilderness Act and agreed that the Wasatch Mountain Club, the Southern provided by a health insurance issuer or vast majority qualify for wilderness Utah Wilderness Alliance, the Outdoor sponsor of a group health plan as specified in designation. paragraph (2) and additional information in- For more than 20 years, Utah con- Industry Association and all of the cluded under paragraph (3)(D) available to servationists have been working to add other national, regional and local, the general public through an Internet the last great blocks of undeveloped hard-working groups who, for years, website. In addition, such website shall in- BLM-administered land in Utah to the have championed this legislation. clude information provided in the report sub- Theodore Roosevelt once stated: mitted under paragraph (3)(A).’’. National Wilderness Preservation Sys- tem. The more than 9 million acres of The Nation behaves well if it treats the natural resources as assets which it must By Mr. DURBIN (for himself, Ms. lands that would be protected by this turn over to the next generation increased STABENOW, Mr. UDALL of Colo- legislation surround eleven of Utah’s and not impaired in value. rado, Ms. WARREN, Mr. BENNET, national park, monument and recre- Enactment of this legislation will Mr. REED, Mr. WHITEHOUSE, Mr. ation areas. These proposed BLM wil- help us realize Roosevelt’s vision. To SANDERS, Mr. HARKIN, Mrs. derness areas easily equal their neigh- protect these precious resources in BOXER, Mrs. MURRAY, and Mr. boring national parklands in scenic Utah for future generations, I urge my CARDIN): beauty, opportunities for recreation, colleagues to support America’s Red S. 769. A bill to designate as wilder- and ecological importance. Yet, unlike Rock Wilderness Act. ness certain Federal portions of the red the parks, most of these scenic treas- Mr. President, I ask unanimous con- rock canyons of the Colorado Plateau ures lack any form of long-term protec- sent that the text of the bill be printed and the Great Basin Deserts in the tion from commercial development, in the RECORD. State of Utah for the benefit of present damaging off-road vehicle use, or oil There being no objection, the text of and future generations of people in the and gas exploration. the bill was ordered to be printed in United States; to the Committee on Americans understand the need for the RECORD, as follows: Energy and Natural Resources. wise stewardship of these wild land- S. 769 Mr. DURBIN. Mr. President, I rise scapes. This legislation represents a re- Be it enacted by the Senate and House of Rep- today to introduce America’s Red Rock alistic balance between the need to resentatives of the United States of America in Wilderness Act of 2013. This legislation protect our natural heritage and de- Congress assembled, continues our commitment to preserve mand for energy. While wilderness des- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. natural resources in this country. ignation has been portrayed as a bar- (a) SHORT TITLE.—This Act may be cited as America’s Red Rock Wilderness Act rier to energy independence, it is im- the ‘‘America’s Red Rock Wilderness Act of will designate as wilderness some of portant to note that within the entire 2013’’. (b) TABLE OF CONTENTS.—The table of con- our Nation’s most remarkable, but cur- 9.2 million acres of America’s Red Rock tents of this Act is as follows: rently unprotected public lands. Bu- Wilderness Act the amount of ‘‘tech- Sec. 1. Short title; table of contents. reau of Land Management, BLM, lands nically recoverable’’ undiscovered nat- Sec. 2. Definitions. in Utah harbor some of the largest and ural gas and oil resources amounts to TITLE I—DESIGNATION OF WILDERNESS most remarkable roadless desert areas roughly 6 days of oil and a little more AREAS anywhere in the world. Included in the than three weeks of natural gas at cur- Sec. 101. Great Basin Wilderness Areas.

VerDate Mar 15 2010 01:32 Apr 19, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0655 E:\CR\FM\A18AP6.030 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 18, 2013 CONGRESSIONAL RECORD — SENATE S2801 Sec. 102. Grand Staircase-Escalante Wilder- (12) Dugway Mountains (approximately (D) land described in paragraph (2) (other ness Areas. 24,000 acres). than East of Bryce, Upper Kanab Creek, Sec. 103. Moab-La Sal Canyons Wilderness (13) Essex Canyon (approximately 1,300 Moquith Mountain, Bunting Point, and Areas. acres). Vermillion Cliffs) is located within the Sec. 104. Henry Mountains Wilderness Areas. (14) Fish Springs Range (approximately Grand Staircase-Escalante National Monu- Sec. 105. Glen Canyon Wilderness Areas. 64,000 acres). ment; and Sec. 106. San Juan-Anasazi Wilderness (15) Granite Peak (approximately 19,000 (E) the Grand Staircase in Utah should be Areas. acres). protected and managed as a wilderness area. Sec. 107. Canyonlands Basin Wilderness (16) Grassy Mountains (approximately (2) DESIGNATION.—In accordance with the Areas. 23,000 acres). Wilderness Act (16 U.S.C. 1131 et seq.), the Sec. 108. San Rafael Swell Wilderness Areas. (17) Grouse Creek Mountains (approxi- following areas in the State are designated Sec. 109. Book Cliffs and Uinta Basin Wilder- mately 15,000 acres). as wilderness areas and as components of the ness Areas. (18) House Range (approximately 201,000 National Wilderness Preservation System: TITLE II—ADMINISTRATIVE PROVISIONS acres). (A) Bryce View (approximately 4,500 acres). Sec. 201. General provisions. (19) Keg Mountains (approximately 38,000 (B) Bunting Point (approximately 11,000 Sec. 202. Administration. acres). acres). Sec. 203. State school trust land within wil- (20) Kern Mountains (approximately 15,000 (C) Canaan Mountain (approximately 16,000 derness areas. acres). acres in Kane County). Sec. 204. Water. (21) King Top (approximately 110,000 acres). (D) Canaan Peak Slopes (approximately Sec. 205. Roads. (22) Ledger Canyon (approximately 9,000 2,300 acres). Sec. 206. Livestock. acres). (E) East of Bryce (approximately 750 Sec. 207. Fish and wildlife. (23) Little Goose Creek (approximately acres). Sec. 208. Management of newly acquired 1,200 acres). (F) Glass Eye Canyon (approximately 24,000 land. (24) Middle/Granite Mountains (approxi- acres). Sec. 209. Withdrawal. mately 80,000 acres). (G) Ladder Canyon (approximately 14,000 (25) Mount Escalante (approximately 18,000 acres). SEC. 2. DEFINITIONS. acres). (H) Moquith Mountain (approximately In this Act: (26) Mountain Home Range (approximately 16,000 acres). (1) SECRETARY.—The term ‘‘Secretary’’ 90,000 acres). (I) Nephi Point (approximately 14,000 means the Secretary of the Interior, acting (27) Newfoundland Mountains (approxi- acres). through the Bureau of Land Management. mately 22,000 acres). (J) Orderville Canyon (approximately 9,200 (2) STATE.—The term ‘‘State’’ means the (28) Ochre Mountain (approximately 13,000 acres). State of Utah. acres). (K) Paria-Hackberry (approximately 188,000 TITLE I—DESIGNATION OF WILDERNESS (29) Oquirrh Mountains (approximately acres). AREAS 9,000 acres). (L) Paria Wilderness Expansion (approxi- SEC. 101. GREAT BASIN WILDERNESS AREAS. (30) Painted Rock Mountain (approxi- mately 3,300 acres). (a) FINDINGS.—Congress finds that— mately 26,000 acres). (M) Parunuweap Canyon (approximately (1) the Great Basin region of western Utah (31) Paradise/Steamboat Mountains (ap- 43,000 acres). is comprised of starkly beautiful mountain proximately 144,000 acres). (N) Pine Hollow (approximately 11,000 ranges that rise as islands from the desert (32) Pilot Range (approximately 45,000 acres). floor; acres). (O) Slopes of Bryce (approximately 2,600 (2) the Wah Wah Mountains in the Great (33) Red Tops (approximately 28,000 acres). acres). Basin region are arid and austere, with mas- (34) Rockwell-Little Sahara (approxi- (P) Timber Mountain (approximately 51,000 sive cliff faces and leathery slopes speckled mately 21,000 acres). acres). with pin˜ on and juniper; (35) San Francisco Mountains (approxi- (Q) Upper Kanab Creek (approximately (3) the Pilot Range and Stansbury Moun- mately 39,000 acres). 49,000 acres). tains in the Great Basin region are high (36) Sand Ridge (approximately 73,000 (R) Vermillion Cliffs (approximately 26,000 enough to draw moisture from passing clouds acres). acres). and support ecosystems found nowhere else (37) Simpson Mountains (approximately (S) Willis Creek (approximately 21,000 on earth; 42,000 acres). acres). (4) from bristlecone pine, the world’s oldest (38) Snake Valley (approximately 100,000 (b) KAIPAROWITS PLATEAU.— living organism, to newly flowered mountain acres). (1) FINDINGS.—Congress finds that— meadows, mountains of the Great Basin re- (39) Spring Creek Canyon (approximately (A) the Kaiparowits Plateau east of the gion are islands of nature that— 4,000 acres). Paria River is 1 of the most rugged and iso- (A) support remarkable biological diver- (40) Stansbury Island (approximately 10,000 lated wilderness regions in the United sity; and acres). States; (B) provide opportunities to experience the (41) Stansbury Mountains (approximately (B) the Kaiparowits Plateau, a windswept colossal silence of the Great Basin; and 24,000 acres). land of harsh beauty, contains distant vistas (5) the Great Basin region of western Utah (42) Thomas Range (approximately 36,000 and a remarkable variety of plant and ani- should be protected and managed to ensure acres). mal species; the preservation of the natural conditions of (43) Tule Valley (approximately 159,000 (C) ancient forests, an abundance of big the region. acres). game animals, and 22 species of raptors (b) DESIGNATION.—In accordance with the (44) Wah Wah Mountains (approximately thrive undisturbed on the grassland mesa Wilderness Act (16 U.S.C. 1131 et seq.), the 167,000 acres). tops of the Kaiparowits Plateau; following areas in the State are designated (45) Wasatch/Sevier Plateaus (approxi- (D) each of the areas described in para- as wilderness areas and as components of the mately 29,000 acres). graph (2) (other than Heaps Canyon, Little National Wilderness Preservation System: (46) White Rock Range (approximately Valley, and Wide Hollow) is located within (1) Antelope Range (approximately 17,000 5,200 acres). the Grand Staircase-Escalante National acres). SEC. 102. GRAND STAIRCASE-ESCALANTE WIL- Monument; and (2) Barn Hills (approximately 20,000 acres). DERNESS AREAS. (E) the Kaiparowits Plateau should be pro- (3) Black Hills (approximately 9,000 acres). (a) GRAND STAIRCASE AREA.— tected and managed as a wilderness area. (4) Bullgrass Knoll (approximately 15,000 (1) FINDINGS.—Congress finds that— (2) DESIGNATION.—In accordance with the acres). (A) the area known as the Grand Staircase Wilderness Act (16 U.S.C. 1131 et seq.), the (5) Burbank Hills/Tunnel Spring (approxi- rises more than 6,000 feet in a series of great following areas in the State are designated mately 92,000 acres). cliffs and plateaus from the depths of the as wilderness areas and as components of the (6) Conger Mountains (approximately 21,000 Grand Canyon to the forested rim of Bryce National Wilderness Preservation System: acres). Canyon; (A) Andalex Not (approximately 18,000 (7) Crater Bench (approximately 35,000 (B) the Grand Staircase— acres). acres). (i) spans 6 major life zones, from the lower (B) The Blues (approximately 21,000 acres). (8) Crater and Silver Island Mountains (ap- Sonoran Desert to the alpine forest; and (C) Box Canyon (approximately 2,800 proximately 121,000 acres). (ii) encompasses geologic formations that acres). (9) Cricket Mountains Cluster (approxi- display 3,000,000,000 years of Earth’s history; (D) Burning Hills (approximately 80,000 mately 62,000 acres). (C) land managed by the Secretary lines acres). (10) Deep Creek Mountains (approximately the intricate canyon system of the Paria (E) Carcass Canyon (approximately 83,000 126,000 acres). River and forms a vital natural corridor con- acres). (11) Drum Mountains (approximately 39,000 nection to the deserts and forests of those (F) The Cockscomb (approximately 11,000 acres). national parks; acres).

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(G) Fiftymile Bench (approximately 12,000 (b) DESIGNATION.—In accordance with the (2) the Dirty Devil River, once the fortress acres). Wilderness Act (16 U.S.C. 1131 et seq.), the hideout of outlaw Butch Cassidy’s Wild (H) Fiftymile Mountain (approximately following areas in the State are designated Bunch, has sculpted a maze of slickrock can- 203,000 acres). as wilderness areas and as components of the yons through an imposing landscape of (I) Heaps Canyon (approximately 4,000 National Wilderness Preservation System: monoliths and inaccessible mesas; acres). (1) Arches Adjacent (approximately 12,000 (3) the Red and Blue Canyons contain (J) Horse Spring Canyon (approximately acres). colorful Chinle/Moenkopi badlands found no- 31,000 acres). (2) Beaver Creek (approximately 41,000 where else in the region; and (K) Kodachrome Headlands (approximately acres). (4) the canyons of Glen Canyon in the 10,000 acres). (3) Behind the Rocks and Hunters Canyon State should be protected and managed as (L) Little Valley Canyon (approximately (approximately 22,000 acres). wilderness areas. (4) Big Triangle (approximately 20,000 4,000 acres). (b) DESIGNATION.—In accordance with the acres). (M) Mud Spring Canyon (approximately Wilderness Act (16 U.S.C. 1131 et seq.), the (5) Coyote Wash (approximately 28,000 65,000 acres). following areas in the State are designated acres). (N) Nipple Bench (approximately 32,000 as wilderness areas and as components of the (6) Dome Plateau-Professor Valley (ap- acres). National Wilderness Preservation System: proximately 35,000 acres). (O) Paradise Canyon-Wahweap (approxi- (1) Cane Spring Desert (approximately (7) Fisher Towers (approximately 18,000 mately 262,000 acres). 18,000 acres). (P) Rock Cove (approximately 16,000 acres). acres). (8) Goldbar Canyon (approximately 9,000 (2) Dark Canyon (approximately 134,000 (Q) Warm Creek (approximately 23,000 acres). acres). acres). (9) Granite Creek (approximately 5,000 (3) Dirty Devil (approximately 242,000 (R) Wide Hollow (approximately 6,800 acres). acres). acres). (10) Mary Jane Canyon (approximately (4) Fiddler Butte (approximately 92,000 (c) ESCALANTE CANYONS.— 25,000 acres). acres). (1) FINDINGS.—Congress finds that— (5) Flat Tops (approximately 30,000 acres). (A) glens and coves carved in massive sand- (11) Mill Creek (approximately 14,000 acres). (6) Little Rockies (approximately 64,000 stone cliffs, spring-watered hanging gardens, acres). and the silence of ancient Anasazi ruins are (12) Porcupine Rim and Morning Glory (ap- proximately 20,000 acres). (7) The Needle (approximately 11,000 acres). examples of the unique features that entice (13) Renegade Point (approximately 6,600 (8) Red Rock Plateau (approximately hikers, campers, and sightseers from around acres). 213,000 acres). the world to Escalante Canyon; (14) Westwater Canyon (approximately (9) White Canyon (approximately 98,000 (B) Escalante Canyon links the spruce fir 37,000 acres). acres). forests of the 11,000-foot Aquarius Plateau (15) Yellow Bird (approximately 4,200 with winding slickrock canyons that flow SEC. 106. SAN JUAN-ANASAZI WILDERNESS acres). into Glen Canyon; AREAS. SEC. 104. HENRY MOUNTAINS WILDERNESS (C) Escalante Canyon, 1 of Utah’s most (a) FINDINGS.—Congress finds that— AREAS. popular natural areas, contains critical habi- (1) more than 1,000 years ago, the Anasazi (a) FINDINGS.—Congress finds that— Indian culture flourished in the slickrock tat for deer, elk, and wild bighorn sheep that (1) the Henry Mountain Range, the last ˜ also enhances the scenic integrity of the mountain range to be discovered and named canyons and on the pinon-covered mesas of area; by early explorers in the contiguous United southeastern Utah; (D) each of the areas described in para- States, still retains a wild and undiscovered (2) evidence of the ancient presence of the graph (2) is located within the Grand Stair- quality; Anasazi pervades the Cedar Mesa area of the case-Escalante National Monument; and (2) fluted badlands that surround the San Juan-Anasazi area where cliff dwellings, (E) Escalante Canyon should be protected flanks of 11,000-foot Mounts Ellen and Pen- rock art, and ceremonial kivas embellish and managed as a wilderness area. nell contain areas of critical habitat for sandstone overhangs and isolated (2) DESIGNATION.—In accordance with the mule deer and for the largest herd of free- benchlands; Wilderness Act (16 U.S.C. 1131 et seq.), the roaming buffalo in the United States; (3) the Cedar Mesa area is in need of pro- following areas in the State are designated (3) despite their relative accessibility, the tection from the vandalism and theft of its as wilderness areas and as components of the Henry Mountain Range remains 1 of the unique cultural resources; National Wilderness Preservation System: wildest, least-known ranges in the United (4) the Cedar Mesa wilderness areas should (A) Brinkerhof Flats (approximately 3,000 States; and be created to protect both the archaeological acres). (4) the Henry Mountain range should be heritage and the extraordinary wilderness, (B) Colt Mesa (approximately 28,000 acres). protected and managed to ensure the preser- scenic, and ecological values of the United (C) Death Hollow (approximately 49,000 vation of the range as a wilderness area. States; and acres). (b) DESIGNATION.—In accordance with the (5) the San Juan-Anasazi area should be (D) Forty Mile Gulch (approximately 6,600 Wilderness Act (16 U.S.C. 1131 et seq.), the protected and managed as a wilderness area acres). following areas in the State are designated to ensure the preservation of the unique and (E) Hurricane Wash (approximately 9,000 as wilderness areas and as components of the valuable resources of that area. acres). National Wilderness Preservation System: (b) DESIGNATION.—In accordance with the (F) Lampstand (approximately 7,900 acres). (1) Bull Mountain (approximately 16,000 Wilderness Act (16 U.S.C. 1131 et seq.), the (G) Muley Twist Flank (approximately acres). following areas in the State are designated 3,600 acres). (2) Bullfrog Creek (approximately 35,000 as wilderness areas and as components of the (H) North Escalante Canyons (approxi- acres). National Wilderness Preservation System: mately 176,000 acres). (3) Dogwater Creek (approximately 3,400 (1) Allen Canyon (approximately 5,900 (I) Pioneer Mesa (approximately 11,000 acres). acres). acres). (4) Fremont Gorge (approximately 20,000 (2) Arch Canyon (approximately 30,000 (J) Scorpion (approximately 53,000 acres). acres). acres). (K) Sooner Bench (approximately 390 (5) Long Canyon (approximately 16,000 (3) Comb Ridge (approximately 15,000 acres). acres). acres). (L) Steep Creek (approximately 35,000 (6) Mount Ellen-Blue Hills (approximately (4) East Montezuma (approximately 45,000 acres). 140,000 acres). acres). (M) Studhorse Peaks (approximately 24,000 (7) Mount Hillers (approximately 21,000 (5) Fish and Owl Creek Canyons (approxi- acres). acres). mately 73,000 acres). SEC. 103. MOAB-LA SAL CANYONS WILDERNESS (8) Mount Pennell (approximately 147,000 (6) Grand Gulch (approximately 159,000 AREAS. acres). acres). (a) FINDINGS.—Congress finds that— (9) Notom Bench (approximately 6,200 (7) Hammond Canyon (approximately 4,400 (1) the canyons surrounding the La Sal acres). acres). Mountains and the town of Moab offer a vari- (10) Oak Creek (approximately 1,700 acres). (8) Nokai Dome (approximately 93,000 ety of extraordinary landscapes; (11) Ragged Mountain (approximately acres). (2) outstanding examples of natural forma- 28,000 acres). (9) Road Canyon (approximately 63,000 tions and landscapes in the Moab-La Sal area SEC. 105. GLEN CANYON WILDERNESS AREAS. acres). include the huge sandstone fins of Behind (a) FINDINGS.—Congress finds that— (10) San Juan River (Sugarloaf) (approxi- the Rocks, the mysterious Fisher Towers, (1) the side canyons of Glen Canyon, in- mately 15,000 acres). and the whitewater rapids of Westwater Can- cluding the Dirty Devil River and the Red, (11) The Tabernacle (approximately 7,000 yon; and White and Blue Canyons, contain some of the acres). (3) the Moab-La Sal area should be pro- most remote and outstanding landscapes in (12) Valley of the Gods (approximately tected and managed as a wilderness area. southern Utah; 21,000 acres).

VerDate Mar 15 2010 01:32 Apr 19, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A18AP6.032 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 18, 2013 CONGRESSIONAL RECORD — SENATE S2803 SEC. 107. CANYONLANDS BASIN WILDERNESS (2) Devils Canyon (approximately 23,000 (11) Goslin Mountain (approximately 4,900 AREAS. acres). acres). (a) FINDINGS.—Congress finds that— (3) Eagle Canyon (approximately 38,000 (12) Hideout Canyon (approximately 12,000 (1) Canyonlands National Park safeguards acres). acres). only a small portion of the extraordinary (4) Factory Butte (approximately 22,000 (13) Lower Bitter Creek (approximately red-hued, cliff-walled canyonland region of acres). 14,000 acres). the Colorado Plateau; (5) Hondu Country (approximately 20,000 (14) Lower Flaming Gorge (approximately (2) areas near Arches National Park and acres). 21,000 acres). Canyonlands National Park contain canyons (6) Jones Bench (approximately 2,800 (15) Mexico Point (approximately 15,000 with rushing perennial streams, natural acres). acres). arches, bridges, and towers; (7) Limestone Cliffs (approximately 25,000 (16) Moonshine Draw (also known as ‘‘Dan- (3) the gorges of the Green and Colorado acres). iels Canyon’’) (approximately 10,000 acres). Rivers lie on adjacent land managed by the (8) Lost Spring Wash (approximately 37,000 (17) Mountain Home (approximately 9,000 Secretary; acres). acres). (4) popular overlooks in Canyonlands Na- (9) Mexican Mountain (approximately (18) O-Wi-Yu-Kuts (approximately 13,000 tions Park and Dead Horse Point State Park 100,000 acres). acres). have views directly into adjacent areas, in- (10) Molen Reef (approximately 33,000 (19) Red Creek Badlands (approximately cluding Lockhart Basin and Indian Creek; acres). 3,600 acres). and (11) Muddy Creek (approximately 240,000 (20) Seep Canyon (approximately 21,000 (5) designation of those areas as wilderness acres). acres). would ensure the protection of this erosional (12) Mussentuchit Badlands (approximately (21) Sunday School Canyon (approximately masterpiece of nature and of the rich pock- 25,000 acres). 18,000 acres). ets of wildlife found within its expanded (13) Pleasant Creek Bench (approximately (22) Survey Point (approximately 8,000 boundaries. 1,100 acres). acres). (b) DESIGNATION.—In accordance with the (14) Price River-Humbug (approximately (23) Turtle Canyon (approximately 39,000 Wilderness Act (16 U.S.C. 1131 et seq.), the 120,000 acres). acres). following areas in the State are designated (15) Red Desert (approximately 40,000 (24) White River (approximately 23,000 as wilderness areas and as components of the acres). acres). National Wilderness Preservation System: (16) Rock Canyon (approximately 18,000 (25) Winter Ridge (approximately 38,000 (1) Bridger Jack Mesa (approximately acres). acres). 33,000 acres). (17) San Rafael Knob (approximately 15,000 (26) Wolf Point (approximately 15,000 (2) Butler Wash (approximately 27,000 acres). acres). acres). (18) San Rafael Reef (approximately 114,000 acres). TITLE II—ADMINISTRATIVE PROVISIONS (3) Dead Horse Cliffs (approximately 5,300 SEC. 201. GENERAL PROVISIONS. acres). (19) Sids Mountain (approximately 107,000 (a) NAMES OF WILDERNESS AREAS.—Each (4) Demon’s Playground (approximately acres). (20) Upper Muddy Creek (approximately wilderness area named in title I shall— 3,700 acres). (1) consist of the quantity of land ref- (5) Duma Point (approximately 14,000 19,000 acres). (21) Wild Horse Mesa (approximately 92,000 erenced with respect to that named area, as acres). acres). generally depicted on the map entitled (6) Gooseneck (approximately 9,000 acres). ‘‘Utah BLM Wilderness’’; and (7) Hatch Point Canyons/Lockhart Basin SEC. 109. BOOK CLIFFS AND UINTA BASIN WIL- DERNESS AREAS. (2) be known by the name given to it in (approximately 149,000 acres). (a) FINDINGS.—Congress finds that— title I. (8) Horsethief Point (approximately 15,000 (1) the Book Cliffs and Uinta Basin wilder- (b) MAP AND DESCRIPTION.— acres). ness areas offer— (1) IN GENERAL.—As soon as practicable (9) Indian Creek (approximately 28,000 (A) unique big game hunting opportunities after the date of enactment of this Act, the acres). in verdant high-plateau forests; Secretary shall file a map and a legal de- (10) Labyrinth Canyon (approximately (B) the opportunity for float trips of sev- scription of each wilderness area designated 150,000 acres). eral days duration down the Green River in by this Act with— (11) San Rafael River (approximately Desolation Canyon; and (A) the Committee on Natural Resources of 101,000 acres). (C) the opportunity for calm water canoe the House of Representatives; and (12) Shay Mountain (approximately 14,000 weekends on the White River; (B) the Committee on Energy and Natural acres). (2) the long rampart of the Book Cliffs Resources of the Senate. (13) Sweetwater Reef (approximately 69,000 bounds the area on the south, while seldom- (2) FORCE OF LAW.—A map and legal de- acres). visited uplands, dissected by the rivers and scription filed under paragraph (1) shall have (14) Upper Horseshoe Canyon (approxi- streams, slope away to the north into the the same force and effect as if included in mately 60,000 acres). Uinta Basin; this Act, except that the Secretary may cor- SEC. 108. SAN RAFAEL SWELL WILDERNESS (3) bears, Bighorn sheep, cougars, elk, and rect clerical and typographical errors in the AREAS. mule deer flourish in the back country of the map and legal description. (a) FINDINGS.—Congress finds that— Book Cliffs; and (3) PUBLIC AVAILABILITY.—Each map and (1) the San Rafael Swell towers above the (4) the Book Cliffs and Uinta Basin areas legal description filed under paragraph (1) desert like a castle, ringed by 1,000-foot ram- should be protected and managed to ensure shall be filed and made available for public parts of Navajo Sandstone; the protection of the areas as wilderness. inspection in the Office of the Director of the (2) the highlands of the San Rafael Swell (b) DESIGNATION.—In accordance with the Bureau of Land Management. have been fractured by uplift and rendered Wilderness Act (16 U.S.C. 1131 et seq.), the SEC. 202. ADMINISTRATION. hollow by erosion over countless millennia, following areas in the State are designated Subject to valid rights in existence on the leaving a tremendous basin punctuated by as wilderness areas and as components of the date of enactment of this Act, each wilder- mesas, buttes, and canyons and traversed by National Wilderness Preservation System. ness area designated under this Act shall be sediment-laden desert streams; (1) Bourdette Draw (approximately 15,000 administered by the Secretary in accordance (3) among other places, the San Rafael wil- acres). with— derness offers exceptional back country op- (2) Bull Canyon (approximately 2,800 (1) the Federal Land Policy and Manage- portunities in the colorful Wild Horse Bad- acres). ment Act of 1976 (43 U.S.C. 1701 et seq.); and lands, the monoliths of North Caineville (3) Chipeta (approximately 95,000 acres). (2) the Wilderness Act (16 U.S.C. 1131 et Mesa, the rock towers of Cliff Wash, and (4) Dead Horse Pass (approximately 8,000 seq.). colorful cliffs of Humbug Canyon; acres). SEC. 203. STATE SCHOOL TRUST LAND WITHIN (4) the mountains within these areas are (5) Desbrough Canyon (approximately WILDERNESS AREAS. among Utah’s most valuable habitat for 13,000 acres). (a) IN GENERAL.—Subject to subsection (b), desert bighorn sheep; and (6) Desolation Canyon (approximately if State-owned land is included in an area (5) the San Rafael Swell area should be 555,000 acres). designated by this Act as a wilderness area, protected and managed to ensure its preser- (7) Diamond Breaks (approximately 9,000 the Secretary shall offer to exchange land vation as a wilderness area. acres). owned by the United States in the State of (b) DESIGNATION.—In accordance with the (8) Diamond Canyon (approximately 166,000 approximately equal value in accordance Wilderness Act (16 U.S.C. 1131 et seq.), the acres). with section 603(c) of the Federal Land Pol- following areas in the State are designated (9) Diamond Mountain (also known as icy and Management Act of 1976 (43 U.S.C. as wilderness areas and as components of the ‘‘Wild Mountain’’) (approximately 27,000 1782(c)) and section 5(a) of the Wilderness Act National Wilderness Preservation System: acres). (16 U.S.C. 1134(a)). (1) Cedar Mountain (approximately 15,000 (10) Dinosaur Adjacent (approximately (b) MINERAL INTERESTS.—The Secretary acres). 10,000 acres). shall not transfer any mineral interests

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WATER. ing time in our nation’s history, I am (a) RESERVATION.— disturbance within 100 feet of a road that proud to re-introduce the President (1) WATER FOR WILDERNESS AREAS.— forms part of a wilderness boundary, the Sec- (A) IN GENERAL.—With respect to each wil- retary may delineate the boundary so as to Street Station Study Act which would derness area designated by this Act, Con- exclude the disturbance from the wilderness initiate the process for preserving one gress reserves a quantity of water deter- area. such landmark in the heart of Balti- mined by the Secretary to be sufficient for (B) LIMITATION ON EXCLUSION OF DISTURB- more. President Street Station played the wilderness area. ANCES.—The Secretary shall make a bound- a crucial role in the Civil War, the Un- (B) PRIORITY DATE.—The priority date of a ary adjustment under subparagraph (A) only derground Railroad, the growth of Bal- if the Secretary determines that doing so is right reserved under subparagraph (A) shall timore’s railroad industry, and is a his- be the date of enactment of this Act. consistent with wilderness management torically significant landmark to the (2) PROTECTION OF RIGHTS.—The Secretary goals. and other officers and employees of the (C) DEVIATIONS RESTRICTED TO MINIMUM presidency of Abraham Lincoln. United States shall take any steps necessary NECESSARY.—Any deviation under this para- The station was constructed for the to protect the rights reserved by paragraph graph from the setbacks required under in Philadelphia, Wilmington, and Balti- (1)(A), including the filing of a claim for the paragraph (2) or (3) of subsection (a) shall be more, PW&B, Railroad in 1849 and re- quantification of the rights in any present or the minimum necessary to exclude the dis- mains the oldest surviving big city future appropriate stream adjudication in turbance. railroad terminal in the United States. the courts of the State— (c) DELINEATION WITHIN SETBACK AREA.— The Secretary may delineate a wilderness This historical structure is a unique (A) in which the United States is or may be architectural gem, arguably the first joined; and boundary at a location within a setback (B) that is conducted in accordance with under paragraph (2) or (3) of subsection (a) if, example and last survivor of the early section 208 of the Department of Justice Ap- as determined by the Secretary, the delinea- barrel-vault train shed arches, also propriation Act, 1953 (66 Stat. 560, chapter tion would enhance wilderness management known as the Howe Truss. The arch-rib 651). goals. design became the blueprint for rail- (b) PRIOR RIGHTS NOT AFFECTED.—Nothing SEC. 206. LIVESTOCK. road bridges and roofs well into the in this Act relinquishes or reduces any water Within the wilderness areas designated 20th century and was replicated for rights reserved or appropriated by the under title I, the grazing of livestock author- every similarly designed train shed and United States in the State on or before the ized on the date of enactment of this Act roof for the next 20 years. date of enactment of this Act. shall be permitted to continue subject to The growth of President Street Sta- (c) ADMINISTRATION.— such reasonable regulations and procedures (1) SPECIFICATION OF RIGHTS.—The Federal as the Secretary considers necessary, as long tion and the PW&B railroad mirror the water rights reserved by this Act are specific as the regulations and procedures are con- expansion of the railroad industry to the wilderness areas designated by this sistent with— throughout the country in the latter Act. (1) the Wilderness Act (16 U.S.C. 1131 et half of the 19th century. This station (2) NO PRECEDENT ESTABLISHED.—Nothing seq.); and played an essential role in making Bal- in this Act related to reserved Federal water (2) section 101(f) of the Arizona Desert Wil- timore the first railroad and sea-rail rights— derness Act of 1990 (Public Law 101–628; 104 link in the nation and helped the city (A) shall establish a precedent with regard Stat. 4469). become the international port hub it is to any future designation of water rights; or SEC. 207. FISH AND WILDLIFE. (B) shall affect the interpretation of any today. Nothing in this Act affects the jurisdiction In its heyday, President Street Sta- other Act or any designation made under of the State with respect to wildlife and fish any other Act. on the public land located in the State. tion was the key link connecting Wash- ington D.C. with the northeast States. SEC. 205. ROADS. SEC. 208. MANAGEMENT OF NEWLY ACQUIRED (a) SETBACKS.— LAND. Hundreds of passengers traveling north (1) MEASUREMENT IN GENERAL.—A setback Any land within the boundaries of a wil- passed through this station and, by the under this section shall be measured from derness area designated under this Act that start of the Civil War, Baltimore had the center line of the road. is acquired by the Federal Government become our Nation’s major southern (2) WILDERNESS ON 1 SIDE OF ROADS.—Ex- shall— railroad hub. Not surprisingly, the sta- cept as provided in subsection (b), a setback (1) become part of the wilderness area in for a road with wilderness on only 1 side tion played a critical role in both the which the land is located; and Civil War and the Underground Rail- shall be set at— (2) be managed in accordance with this Act (A) 300 feet from a paved Federal or State and other laws applicable to wilderness road. highway; areas. Perhaps the most famous passenger (B) 100 feet from any other paved road or SEC. 209. WITHDRAWAL. to travel through the station was high standard dirt or gravel road; and Subject to valid rights existing on the date President Abraham Lincoln. He came (C) 30 feet from any other road. of enactment of this Act, the Federal land through the station at least four times, (3) WILDERNESS ON BOTH SIDES OF ROADS.— referred to in title I is withdrawn from all including secretly on his way to his Except as provided in subsection (b), a set- forms of— first inauguration in 1861. President- back for a road with wilderness on both sides (1) entry, appropriation, or disposal under elect Lincoln was warned by a PW&B (including cherry-stems or roads separating 2 public law; wilderness units) shall be set at— private detective of a possible assas- (2) location, entry, and patent under min- sination plot in Baltimore as he trans- (A) 200 feet from a paved Federal or State ing law; and highway; (3) disposition under all laws pertaining to ferred trains. While it is unclear if this (B) 40 feet from any other paved road or mineral and geothermal leasing or mineral plot existed and posed a serious threat, high standard dirt or gravel road; and materials. Lincoln nevertheless was secretly (C) 10 feet from any other roads. smuggled aboard a train in the dead of (b) SETBACK EXCEPTIONS.— By Mr. CARDIN (for himself and night to complete his trip to Wash- (1) WELL-DEFINED TOPOGRAPHICAL BAR- Ms. MIKULSKI): ington. RIERS.—If, between the road and the bound- ary of a setback area described in paragraph S. 770. A bill to authorize the Sec- Just a few months later, President (2) or (3) of subsection (a), there is a well-de- retary of the Interior to conduct a spe- Street Station served as a backdrop for fined cliff edge, stream bank, or other topo- cial resource study of President Sta- what many historians consider to be graphical barrier, the Secretary shall use the tion in Baltimore, Maryland, and for the first bloodshed of the Civil War. barrier as the wilderness boundary. other purposes; to the Committee on The Baltimore Riot of 1861 occurred (2) FENCES.—If, between the road and the Energy and Natural Resources. when Lincoln called for Union volun- boundary of a setback area specified in para- Mr. CARDIN. Mr. President, today teers to quell the rebellion at Fort graph (2) or (3) of subsection (a), there is a marks an important day in history as Sumter in Charleston. On this day in fence running parallel to a road, the Sec- retary shall use the fence as the wilderness our nation continues to honor the ses- history, April 19, 1861, Massachusetts boundary if, in the opinion of the Secretary, quicentennial of the Civil War. There and Pennsylvania volunteers were met doing so would result in a more manageable are many landmarks in my hometown and attacked by a mob of secessionist boundary. of Baltimore that are significant to the and Confederate sympathizers. The

VerDate Mar 15 2010 01:32 Apr 19, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A18AP6.032 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 18, 2013 CONGRESSIONAL RECORD — SENATE S2805 bloody confrontation left four dead and the Secretary of the Interior to con- SUBMITTED RESOLUTIONS 36 wounded. As the war continued, the duct a special resource study of Presi- Station remained a critical link for the dent Street Station to evaluate the Union. Troops and supplies from the suitability and feasibility of estab- SENATE RESOLUTION 102—EX- north were regularly shuttled through lishing the Station as a unit of the Na- PRESSING SUPPORT FOR THE the station to support Union soldiers. tional Park Service. President Street DESIGNATION OF SAINT LOUIS, It is well known that Maryland was a Station, a contributor to the growth of MISSOURI, AS THE ‘‘NATIONAL common starting point along the Un- the railroad, and a vital player in the CHESS CAPITAL’’ OF THE derground Railroad and that many es- Underground Railroad, Lincoln Presi- UNITED STATES TO ENHANCE caped slaves from Maryland’s Eastern dency and Civil War, is part of this his- AWARENESS OF THE EDU- Shore plantations were destined for tory. I urge my colleagues to join me CATIONAL BENEFITS OF CHESS Baltimore and the President Street in giving this station the recognition it AND TO ENCOURAGE SCHOOLS Station to travel North to freedom. A deserves and support this bill. few weeks ago, President Barack AND COMMUNITY CENTERS TO Mr. President, I ask unanimous con- ENGAGE IN CHESS PROGRAMS Obama honored Maryland’s own Har- sent that the text of the bill be printed riet Tubman, the Underground Rail- TO PROMOTE PROBLEM-SOLV- in the RECORD. road’s most famous ‘‘conductor’’ by es- ING, CRITICAL THINKING, SPA- tablishing the Harriet Tubman Under- There being no objection, the text of TIAL AWARENESS, AND GOAL ground Railroad National Monument, the bill was ordered to be printed in SETTING the first National Monument to com- the RECORD, as follows: Mrs. MCCASKILL (for herself and Mr. memorate an African American S. 770 BLUNT) submitted the following resolu- woman. While she personally led doz- tion; which was referred to the Com- Be it enacted by the Senate and House of Rep- ens of people to freedom, her courage resentatives of the United States of America in mittee on Health, Education, Labor, and fortitude also inspired others to Congress assembled, and Pensions.: find their own strength to seek free- S. RES. 102 SECTION 1. SHORT TITLE. dom. President Street Station was in- Whereas, in 2009 and 2011, the United deed a station on this secret network. This Act may be cited as the ‘‘President States Chess Federation awarded Saint Prior to emancipation in 1863, several Street Station Study Act’’. Louis, Missouri, the title of ‘‘Chess City of renowned escapees, including Fred- SEC. 2. DEFINITIONS. the Year’’ and, in 2010, the Chess Club and erick Douglass, William and Ellen In this Act: Scholastic Center of Saint Louis was named ‘‘Chess Club of the Year’’; Craft, and Henry ‘‘Box’’ Brown, trav- (1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. Whereas Saint Louis hosted the United eled through the Station, risking their States Chess Championship and United lives for a better and freer life. (2) STUDY AREA.—The term ‘‘study area’’ means the President Street Station, a rail- States Women’s Chess Championship in 2009, Others’ journeys for a better life also 2010, 2011 and 2012 and the United States Jun- passed through President Street Sta- road terminal in Baltimore, Maryland, the history of which is tied to the growth of the ior Closed Chess Championship in 2010, 2011, tion. From its beginning and into the railroad industry in the 19th century, the and 2012, which are the three most pres- 20th century, Baltimore was both a Civil War, the Underground Railroad, and tigious, invitation-only chess tournaments destination and departure point for im- the immigrant influx of the early 20th cen- in the United States; migrants. New arrivals from Ireland, tury. Whereas the Chess Club and Scholastic Russia, and Europe arriving on the Center of Saint Louis opened its doors in SEC. 3. SPECIAL RESOURCE STUDY. July 2008, and since that date, Saint Louis eastern seaboard traveled by way of has become widely recognized as the emerg- the PW&B railroads to the west. (a) STUDY.—The Secretary shall conduct a special resource study of the study area. ing chess center of the United States; For decades, President Street Sta- Whereas chess promotes problem-solving, (b) CONTENTS.—In conducting the study tion has long been recognized as having higher-level thinking skills, and improved under subsection (a), the Secretary shall— an important place in history: In 1992, self-esteem; (1) evaluate the national significance of Whereas the Chess Club and Scholastic it was listed on the National Register the study area; Center of Saint Louis brings the educational of Historic Places and the city of Balti- (2) determine the suitability and feasi- benefits of chess to thousands of students in more has dedicated it a local historical bility of designating the study area as a unit more than 100 schools and community cen- landmark. For many years it served as of the National Park System; ters across the greater Saint Louis area, tar- (3) consider other alternatives for preserva- the Baltimore Civil War Museum, edu- geting more than 3,300 students in 2011 and tion, protection, and interpretation of the cating generations of people about the 2012; study area by the Federal Government, role Maryland and Baltimore played in Whereas the Chess Club and Scholastic State or local government entities, or pri- the Civil War and the early history of Center of Saint Louis offers free classes and vate and nonprofit organizations; lectures, weekly tournaments, private les- the city. In recent years, the museum, (4) consult with interested Federal agen- sons, summer camps, and field trips to ex- run by dedicated volunteers from the cies, State or local governmental entities, pose school-aged children to the benefits of Maryland Historical Society and private and nonprofit organizations, or any chess; Friends of President Street Station, other interested individuals; Whereas the Chess Club and Scholastic (5) identify cost estimates for any Federal have struggled to keep the station’s Center of Saint Louis provides instructors, acquisition, development, interpretation, op- doors open and keeping the station’s equipment, and curricula to after-school pro- eration, and maintenance associated with character true to its historical roots. grams in the greater Saint Louis area; the alternatives; and The area around President Street Sta- Whereas the Chess Club and Scholastic (6) identify any authorities that would Center of Saint Louis offers a coaching pro- tion has changed dramatically over the compel or permit the Secretary to influence gram to create a sustainable network of par- decades, but the Station has worked to local land use decisions under the alter- ticipating after-school chess programs; and preserve its place in history. It has natives. been many years since trains passed Whereas Saint Louis has become a hub for (c) APPLICABLE LAW.—The study required developing chess skills in students from through the Presidents Street Station under subsection (a) shall be conducted in across the United States: Now, therefore, be and it is clear that today the best use accordance with section 8 of Public Law 91– it for this building is to preserve the 383 (16 U.S.C. 1a–5). Resolved, That the Senate— building and use it to tell Station’s (d) REPORT.—Not later than 3 years after (1) expresses support for the designation of American story. the date on which funds are first made avail- Saint Louis, Missouri, as the ‘‘National President Street Station is one of able for the study under subsection (a), the Chess Capital’’ of the United States; America’s historical treasures. As we Secretary shall submit to the Committee on (2) encourages the people of Saint Louis to commemorate the 152nd Anniversary of Natural Resources of the House of Rep- continue promoting the educational benefits the Baltimore Riot and the start of Na- resentatives and the Committee on Energy of chess among school-aged children; and and Natural Resources of the Senate a report (3) encourages all schools and community tional Park Week this weekend, we that describes— centers in the United States to engage in honor some of our country’s greatest (1) the results of the study; and chess programs to promote problem-solving, leaders and remember our own rich and (2) any conclusions and recommendations critical thinking, spatial awareness, and goal innovative history. This bill authorizes of the Secretary. setting.

VerDate Mar 15 2010 01:32 Apr 19, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A18AP6.038 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2806 CONGRESSIONAL RECORD — SENATE April 18, 2013 SENATE RESOLUTION 103—TO AU- SEC. 402. NATIONAL COMMISSION ON MASS VIO- tual study of incidents of mass violence, in- THORIZE REPRESENTATION BY LENCE. cluding incidents of mass violence not in- (a) ESTABLISHMENT OF COMMISSION.—There THE SENATE LEGAL COUNSEL IN volving firearms, in the context of the many is established a commission to be known as acts of senseless mass violence that occur in THE CASE OF STEVE the National Commission on Mass Violence the United States each year, in order to de- SCHONBERG V. SENATOR MITCH (in this title referred to as the ‘‘Commis- termine the root causes of such mass vio- MCCONNELL, ET AL sion’’) to study the availability and nature of lence. firearms, including the means of acquiring (2) MATTERS TO BE STUDIED.—In deter- Mr. REID of Nevada submitted the firearms, issues relating to mental health, following resolution; which was consid- mining the root causes of these recurring and all positive and negative impacts of the and tragic acts of mass violence, the Com- ered and agreed to: availability and nature of firearms on inci- mission shall study any matter that the S. RES. 103 dents of mass violence or in preventing mass Commission determines relevant to meeting Whereas, Senator Mitch McConnell, Vice violence. the requirements of paragraph (1), including (b) MEMBERSHIP.— President Joseph R. Biden, Jr., and Sergeant at a minimum— (1) APPOINTMENTS.—The Commission shall at Arms Terrance W. Gainer have been (A) the role of schools, including the level be composed of 12 members, of whom— named as defendants in the case of Steve of involvement and awareness of teachers (A) 6 members of the Commission shall be Schonberg v. Senator Mitch McConnell, et and school administrators in the lives of appointed by the Majority Leader of the Sen- al., No. 3:13–cv–220, now pending in the their students and the availability of mental ate, in consultation with the Democratic health and other resources and strategies to United States District Court for the Western leadership of the House of Representatives, 1 District of Kentucky; help detect and counter tendencies of stu- of whom shall serve as Chairman of the Com- dents towards mass violence; Whereas, pursuant to sections 703(a) and mission; and 704(a)(1) of the Ethics in Government Act of (B) the effectiveness of and resources avail- (B) 6 members of the Commission shall be able for school security strategies to prevent 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the appointed by the Speaker of the House of Senate may direct its counsel to defend incidents of mass violence; Representatives, in consultation with the (C) the role of families and the availability Members and officers of the Senate in civil Republican leadership of the Senate, 1 of actions relating to their official responsibil- of mental health and other resources and whom shall serve as Vice Chairman of the strategies to help families detect and ities: Now, therefore, be it Commission. Resolved, That the Senate Legal Counsel is counter tendencies toward mass violence; (2) PERSONS ELIGIBLE.— authorized to represent Senator Mitch (D) the effectiveness and use of, and re- (A) IN GENERAL.—The members appointed sources available to, the mental health sys- McConnell, Vice President Joseph R. Biden, to the Commission shall include— Jr., and Sergeant at Arms Terrance W. tem in understanding, detecting, and coun- (i) well-known and respected individuals tering tendencies toward mass violence, as Gainer in the case of Steve Schonberg v. among their peers in their respective fields Senator Mitch McConnell, et al. well as the effects of treatments and thera- of expertise; and pies; f (ii) not less than 1 non-elected individual (E) whether medical doctors and other AMENDMENTS SUBMITTED AND from each of the following categories, who mental health professionals have the ability, has expertise in the category, by both experi- PROPOSED without negative legal or professional con- ence and training: sequences, to notify law enforcement offi- SA 734. Ms. COLLINS submitted an amend- (I) Firearms. cials when a patient is a danger to himself or ment intended to be proposed by her to the (II) Mental health. others; bill S. 649, to ensure that all individuals who (III) School safety. (F) the nature and impact of the alienation should be prohibited from buying a firearm (IV) Mass media. of the perpetrators of such incidents of mass are listed in the national instant criminal (B) EXPERTS.—In identifying the individ- violence from their schools, families, peer background check system and require a uals to serve on the Commission, the ap- groups, and places of work; background check for every firearm sale, and pointing authorities shall take special care (G) the role that domestic violence plays in for other purposes; which was ordered to lie to identify experts in the fields described in causing incidents of mass violence; on the table. section 403(a)(2). (H) the effect of depictions of mass vio- SA 735. Mr. WICKER submitted an amend- (C) PARTY AFFILIATION.—Not more than 6 lence in the media, and any impact of such ment intended to be proposed by him to the members of the Commission shall be from depictions on incidents of mass violence; bill S. 649, supra; which was ordered to lie on the same political party. (I) the availability and nature of firearms, the table. (3) COMPLETION OF APPOINTMENTS; VACAN- including the means of acquiring such fire- SA 736. Mr. REID (for Mr. LAUTENBERG) CIES.—Not later than 30 days after the date arms, and all positive and negative impacts submitted an amendment intended to be pro- of enactment of this Act, the appointing au- of such availability and nature on incidents posed by Mr. REID of NV to the bill S. 649, thorities under paragraph (1) shall each of mass violence or in preventing mass vio- supra; which was ordered to lie on the table. make their respective appointments. Any va- lence; SA 737. Mr. REID (for Mr. LAUTENBERG) cancy that occurs during the life of the Com- (J) the role of current prosecution rates in submitted an amendment intended to be pro- mission shall not affect the powers of the contributing to the availability of weapons posed by Mr. REID of NV to the bill S. 649, Commission, and shall be filled in the same that are used in mass violence; supra; which was ordered to lie on the table. manner as the original appointment not (K) the availability of information regard- SA 738. Ms. LANDRIEU (for herself and Mr. later than 30 days after the vacancy occurs. ing the construction of weapons, including CASEY) submitted an amendment intended to (4) OPERATION OF THE COMMISSION.— explosive devices, and any impact of such in- be proposed by her to the bill S. 649, supra; (A) MEETINGS.— formation on such incidents of mass vio- which was ordered to lie on the table. (i) IN GENERAL.—The Commission shall lence; SA 739. Mr. WICKER submitted an amend- meet at the call of the Chairman. (L) the views of law enforcement officials, ment intended to be proposed by him to the (ii) INITIAL MEETING.—The initial meeting religious leaders, mental health experts, and bill S. 649, supra; which was ordered to lie on of the Commission shall be conducted not other relevant officials on the root causes the table. later than 30 days after the later of— and prevention of mass violence; f (I) the date of the appointment of the last (M) incidents in which firearms were used member of the Commission; or TEXT OF AMENDMENTS to stop mass violence; and (II) the date on which appropriated funds (N) any other area that the Commission SA 734. Ms. COLLINS submitted an are available for the Commission. determines contributes to the causes of mass amendment intended to be proposed by (B) QUORUM; VACANCIES; VOTING; RULES.—A violence. majority of the members of the Commission her to the bill S. 649, to ensure that all (3) TESTIMONY OF VICTIMS AND SURVIVORS.— shall constitute a quorum to conduct busi- individuals who should be prohibited In determining the root causes of these re- ness, but the Commission may establish a curring and tragic incidents of mass vio- from buying a firearm are listed in the lesser quorum for conducting hearings sched- national instant criminal background lence, the Commission shall, in accordance uled by the Commission. Each member of the with section 404(a), take the testimony of check system and require a background Commission shall have 1 vote, and the vote victims and survivors to learn and memori- check for every firearm sale, and for of each member shall be accorded the same alize their views and experiences regarding other purposes; which was ordered to weight. The Commission may establish by such incidents of mass violence. lie on the table; as follows: majority vote any other rules for the con- (b) RECOMMENDATIONS.—Based on the find- duct of the Commission’s business, if such At the end, add the following: ings of the study required under subsection rules are not inconsistent with this title or (a), the Commission shall make rec- TITLE IV—NATIONAL COMMISSION ON other applicable law. ommendations to the President and Congress MASS VIOLENCE SEC. 403. DUTIES OF THE COMMISSION. to address the causes of these recurring and SEC. 401. SHORT TITLE. (a) STUDY.— tragic incidents of mass violence and to re- This title may be cited as the ‘‘National (1) IN GENERAL.—It shall be the duty of the duce such incidents of mass violence. Commission on Mass Violence Act of 2013’’. Commission to conduct a comprehensive fac- (c) REPORTS.—

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(1) INTERIM REPORT.—Not later than 3 in the performance of the duties of the Com- SEC. 102. AUTHORIZATION FOR USE OF COPS months after the date on which the Commis- mission. All members of the Commission GRANT FUNDS. sion first meets, the Commission shall sub- who are officers or employees of the United (a) COMBATING TARGETED FIREARMS VIO- mit to the President and Congress an in- States shall serve without compensation in LENCE AGAINST STUDENTS AND SCHOOL PER- terim report describing any initial rec- addition to that received for their services as SONNEL.—Section 1701(b)(12) of title I of the ommendations of the Commission. officers or employees of the United States. Omnibus Crime Control and Safe Streets Act (2) FINAL REPORT.—Not later than 6 months (b) TRAVEL EXPENSES.—The members of of 1968 (42 U.S.C. 3796dd(b)(12)) is amended by after the date on which the Commission first the Commission shall be allowed travel ex- striking ‘‘to combat school-related crime meets, the Commission shall submit to the penses, including per diem in lieu of subsist- and disorder problems, gangs, and drug ac- President and Congress a comprehensive re- ence, at rates authorized for employees of tivities’’ and inserting ‘‘to combat targeted port of the findings and conclusions of the agencies under subchapter I of chapter 57 of firearms violence against students and Commission, together with the recommenda- title 5, United States Code, while away from school personnel and other forms of school- tions of the Commission. their homes or regular places of business in related violent crime, gangs, and drug activi- the performance of service for the Commis- (3) SUMMARIES.—The report under para- ties’’. graph (2) shall include a summary of— sion. (b) HIRING SCHOOL RESOURCE OFFICERS.— (c) STAFF.— (A) the reports submitted to the Commis- Notwithstanding any other provision of law, (1) IN GENERAL.—The Chairman of the Com- sion by any entity under contract for re- of amounts appropriated to the Attorney mission may, without regard to the civil search under section 404(e); and General for fiscal year 2014 for grants to hire service laws and regulations, appoint and (B) any other material relied on by the additional career law enforcement officers terminate an executive director and such Commission in the preparation of the report. under paragraph (2) of section 1701(b) of title other additional employees as may be nec- SEC. 404. POWERS OF THE COMMISSION. I of the Omnibus Crime Control and Safe essary to enable the Commission to perform Streets Act of 1968 (42 U.S.C. 3796dd(b)(2)), (a) HEARINGS.— its duties. The employment and termination the Attorney General may use not more than (1) IN GENERAL.—The Commission may hold of an executive director shall be subject to 25 percent of such amounts for grants for such hearings, sit and act at such times and confirmation by a majority of the members places, administer such oaths, take such tes- school resource officers under paragraph (12) of the Commission. of such section 1701(b), as amended by sub- timony, and receive such evidence as the (2) COMPENSATION.—The executive director Commission considers advisable to carry out section (a), which shall be awarded through a shall be compensated at a rate not to exceed competitive process. its duties under section 403. the rate payable for level V of the Executive (2) WITNESS EXPENSES.—Witnesses re- Schedule under section 5316 of title 5, United SA 736. Mr. REID (for Mr. LAUTEN- quested to appear before the Commission States Code. The Chairman may fix the com- BERG) submitted an amendment in- shall be paid the same fees as are paid to wit- pensation of other employees without regard nesses under section 1821 of title 28, United to the provisions of chapter 51 and sub- tended to be proposed by Mr. REID, of States Code. chapter III of chapter 53 of title 5, United NV to the bill S. 649, to ensure that all (b) INFORMATION FROM FEDERAL AGEN- States Code, relating to classification of po- individuals who should be prohibited CIES.—The Commission may secure directly sitions and General Schedule pay rates, ex- from buying a firearm are listed in the from any Federal agency such information cept that the rate of pay for such employees national instant criminal background as the Commission considers necessary to may not exceed the rate payable for level V check system and require a background carry out its duties under section 403. Upon of the Executive Schedule under section 5316 the request of the Commission, the head of check for every firearm sale, and for of such title. other purposes; which was ordered to such agency may furnish such information (3) DETAIL OF GOVERNMENT EMPLOYEES.— to the Commission. Any Federal Government employee, with the lie on the table; as follows: (c) INFORMATION TO BE KEPT CONFIDEN- approval of the head of the appropriate Fed- At the appropriate place, insert the fol- TIAL.— eral agency, may be detailed to the Commis- lowing: (1) IN GENERAL.—The Commission shall be sion without reimbursement, and such detail SEC. llll. EXPLOSIVE MATERIALS BACK- considered an agency of the Federal Govern- shall be without interruption or loss of civil GROUND CHECK ACT. ment for purposes of section 1905 of title 18, service status, benefits, or privilege. (a) SHORT TITLE.—This section may be United States Code, and any individual em- (d) PROCUREMENT OF TEMPORARY AND cited as the ‘‘Explosive Materials Back- ployed by any individual or entity under INTERMITTENT SERVICES.—The Chairman of ground Check Act’’. contract with the Commission under sub- the Commission may procure temporary and (b) AMENDMENTS TO TITLE 18.—Chapter 40 section (d) shall be considered an employee intermittent services under section 3109(b) of of title 18, United States Code, is amended— of the Commission for the purposes of sec- title 5, United States Code, at rates for indi- (1) in section 841— tion 1905 of title 18, United States Code. viduals not to exceed the daily equivalent of (A) in subsection (d), by inserting ‘‘smoke- (2) DISCLOSURE.—Information obtained by the annual rate of basic pay prescribed for less powder and black powder substitutes,’’ the Commission or the Attorney General level V of the Executive Schedule under sec- after ‘‘black powder,’’; and under this title and shared with the Commis- tion 5316 of such title. (B) in subsection (h), by striking ‘‘the busi- sion, other than information available to the SEC. 406. AUTHORIZATION OF APPROPRIATIONS. ness of’’; public, shall not be disclosed to any person There are authorized to be appropriated to (2) in section 842— in any manner, except— the Commission and any agency of the Fed- (A) in subsection (d)— (A) to Commission employees or employees eral Government assisting the Commission (i) in paragraph (9), by striking the period of any individual or entity under contract to in carrying out its duties under this title and inserting a semicolon; and the Commission under subsection (d) for the such sums as may be necessary to carry out (ii) inserting at the end the following: purpose of receiving, reviewing, or proc- the purposes of this title. Any sums appro- ‘‘(10) is subject to a court order that re- essing such information; priated shall remain available, without fiscal strains such person from harassing, stalking, (B) upon court order; or year limitation, until expended. or threatening an intimate partner of such (C) when publicly released by the Commis- SEC. 407. TERMINATION OF THE COMMISSION. person or child of such intimate partner or sion in an aggregate or summary form that The Commission shall terminate 30 days person, or engaging in other conduct that does not directly or indirectly disclose— after the Commission submits the final re- would place an intimate partner in reason- (i) the identity of any person or business port under section 403(c)(2). able fear of bodily injury to the partner or entity; or child, except that this paragraph shall only (ii) any information which could not be re- SA 735. Mr. WICKER submitted an apply to a court order that— leased under section 1905 of title 18, United amendment intended to be proposed by ‘‘(A) was issued after a hearing of which States Code. him to the bill S. 649, to ensure that all such person received actual notice, and at (d) CONTRACTING FOR RESEARCH.—The Com- individuals who should be prohibited which such person had the opportunity to mission may enter into contracts with any from buying a firearm are listed in the participate; and entity for research necessary to carry out national instant criminal background ‘‘(B)(i) includes a finding that such person the duties of the Commission under section check system and require a background represents a credible threat to the physical 403. check for every firearm sale, and for safety of such intimate partner or child; or SEC. 405. COMMISSION PERSONNEL MATTERS. other purposes; which was ordered to ‘‘(ii) by its terms explicitly prohibits the (a) COMPENSATION OF MEMBERS.—Each use, attempted use, or threatened use of member of the Commission who is not an of- lie on the table; as follows: physical force against such intimate partner ficer or employee of the Federal Government Strike titles I and II and insert the fol- or child that would reasonably be expected shall be compensated at a rate equal to the lowing: to cause bodily injury; or daily equivalent of the annual rate of basic TITLE I—KEEPING OUR SCHOOLS SAFE ‘‘(11) has been convicted in any court of a pay prescribed for level IV of the Executive ACT misdemeanor crime of domestic violence.’’; Schedule under section 5315 of title 5, United SEC. 101. SHORT TITLE. (B) in subsection (i)— States Code, for each day (including travel This title may be cited as the ‘‘Keeping (i) in paragraph (7), by inserting a semi- time) during which such member is engaged Our Schools Safe Act of 2013’’. colon after ‘‘person’’;

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or (II) in paragraph (2), by adding at the end able fear of bodily injury to the partner or ‘‘(C) by its terms explicitly prohibits the the following: ‘‘In responding to any petition child, except that this paragraph shall only use, attempted use, or threatened use of for review of a denial or revocation based apply to a court order that— physical force against such intimate partner upon an Attorney General determination ‘‘(A) was issued after a hearing of which or child that would reasonably be expected under subsection (j) or (d)(1)(B), the United such person received actual notice, and at to cause bodily injury; States may submit, and the court may rely which such person had the opportunity to ‘‘(11) has been convicted in any court of a upon, summaries or redacted versions of doc- participate; and misdemeanor crime of domestic violence; or uments containing information the disclo- ‘‘(B)(i) includes a finding that such person ‘‘(12) has received actual notice of the At- sure of which the Attorney General has de- represents a credible threat to the physical torney General’s determination made pursu- safety of such intimate partner or child; or ant to subsection (d)(1)(B) or (j) of section 843 termined would likely compromise national ‘‘(ii) by its terms explicitly prohibits the of this title.’’; and security.’’; use, attempted use, or threatened use of (ii) in subsection (i)— (v) in subsection (h)(2)— physical force against such intimate partner (I) in paragraph (7), by inserting a semi- (I) in subparagraph (A), by inserting ‘‘or in or child that would reasonably be expected colon after ‘‘person’’; subsection (j) of this section (on grounds of to cause bodily injury; or (II) inserting at the end the following: terrorism)’’ after ‘‘section 842(i)’’; and ‘‘(9) has been convicted in any court of a ‘‘(8) is subject to a court order that re- (II) in subparagraph (B)— misdemeanor crime of domestic violence.’’; strains such person from harassing, stalking, (aa) in the matter preceding clause (i), by (3) in section 843(b)— or threatening an intimate partner of such inserting ‘‘or in subsection (j) of this sec- (A) by striking ‘‘Upon’’ and inserting ‘‘Ex- person or child of such intimate partner or tion,’’ after ‘‘section 842(i),’’; and cept as provided in subsection (j), upon’’; person, or engaging in other conduct that (bb) in clause (ii), by inserting ‘‘, except (B) in paragraph (6), by striking ‘‘and’’ would place an intimate partner in reason- that any information that the Attorney Gen- after the semicolon; able fear of bodily injury to the partner or eral relied on for a determination pursuant (C) in paragraph (7), by striking the period child, except that this paragraph shall only to subsection (j) may be withheld if the At- and inserting ‘‘; and’’; and apply to a court order that— torney General concludes that disclosure of (D) by inserting at the end the following: ‘‘(A) was issued after a hearing of which the information would likely compromise ‘‘(8) in the case of a limited permit holder, such person received actual notice, and at national security’’ after ‘‘determination’’ ; the applicant certifies the permit will only which such person had the opportunity to and be used to purchase black powder, black pow- participate; and (vi) by inserting at the end the following: der substitute, and smokeless powder in ‘‘(B) includes a finding that such person which case the limitation in paragraph (7) represents a credible threat to the physical ‘‘(j) ATTORNEY GENERAL DISCRETIONARY DE- shall not apply.’’; and safety of such intimate partner or child; or NIAL OF FEDERAL EXPLOSIVES LICENSES AND (4) in section 845(a)— ‘‘(C) by its terms explicitly prohibits the PERMITS.—The Attorney General may deny (A) in paragraph (4), by striking ‘‘and com- use, attempted use, or threatened use of the issuance of a permit or license to an ap- ponents thereof’’; and physical force against such intimate partner plicant if the Attorney General determines (B) in paragraph (5), by striking ‘‘black or child that would reasonably be expected that the applicant or a responsible person or powder in quantities not to exceed fifty to cause bodily injury; employee possessor thereof is known (or ap- ‘‘(9) has been convicted in any court of a pounds,’’. propriately suspected) to be or have been en- misdemeanor crime of domestic violence; or SA 737. Mr. REID (for Mr. LAUTEN- ‘‘(10) has received actual notice of the At- gaged in conduct constituting, in prepara- BERG) submitted an amendment in- torney General’s determination made pursu- tion of, in aid of, or related to terrorism, or tended to be proposed by Mr. REID, of ant to subsection (d)(1)(B) or (j) of section 843 providing material support or resources for NV to the bill S. 649, to ensure that all of this title.’’; terrorism, and the Attorney General has a individuals who should be prohibited (C) in section 843— reasonable belief that the person may use ex- from buying a firearm are listed in the (i) in subsection (b)— plosives in connection with terrorism.’’; and (I) by striking ‘‘Upon’’ and inserting ‘‘Ex- (D) in section 845(a)— national instant criminal background cept as provided in subsection (j), upon’’; check system and require a background (i) in paragraph (4), by striking ‘‘and com- (II) in paragraph (6), by striking ‘‘and’’ ponents thereof’’; and check for every firearm sale, and for after the semicolon; (ii) in paragraph (5), by striking ‘‘black other purposes; which was ordered to (III) in paragraph (7), by striking the pe- powder in quantities not to exceed fifty lie on the table; as follows: riod and inserting ‘‘; and’’; and pounds,’’. (IV) by inserting at the end the following: At the appropriate place, insert the fol- (2) CONFORMING AMENDMENT TO IMMIGRA- ‘‘(8) in the case of a limited permit holder, lowing: TION AND NATIONALITY ACT.—Section the applicant certifies the permit will only SEC. llll. EXPLOSIVE MATERIALS BACK- 101(a)(43)(E)(ii) of the Immigration and Na- be used to purchase black powder, black pow- GROUND CHECK ACT. tionality Act (8 U.S.C. 1101(a)(43)(E)(ii)) is der substitute, and smokeless powder in (a) SHORT TITLE.—This section may be amended by striking ‘‘or (5)’’ and inserting which case the limitation in paragraph (7) cited as the ‘‘Explosive Materials Back- ‘‘(5), or (10)’’. ground Check Act’’. shall not apply.’’; (3) GUIDELINES.— (b) AMENDMENTS TO EXPLOSIVE MATERIALS (ii) in subsection (d)— (A) IN GENERAL.—The Attorney General PROVISIONS.— (I) by inserting ‘‘(1)’’ after ‘‘(d)’’; (1) CHAPTER 40.—Chapter 40 of title 18, (II) by striking ‘‘if in the opinion’’ and in- shall issue guidelines describing the cir- United States Code, is amended— serting the following: ‘‘if— cumstances under which the Attorney Gen- (A) in section 841— (iii) in the opinion; and’’; and eral will exercise the authority and make de- (i) in subsection (d), by inserting ‘‘smoke- (I) by striking ‘‘The Secretary’s action’’ terminations under subsections (d)(1)(B) and less powder and black powder substitutes,’’ and inserting the following: ‘‘; or (j) of section 843 and sections 922A and 922B after ‘‘black powder,’’; and ‘‘(II) the Attorney General determines that of title 18, United States Code, as amended (ii) in subsection (h), by striking ‘‘the busi- the licensee or holder (or any responsible by this Act. ness of’’; person or employee possessor thereof) is (B) CONTENTS.—The guidelines issued under (B) in section 842— known (or appropriately suspected) to be or subparagraph (A) shall— (i) in subsection (d)— have been engaged in conduct constituting, (i) provide accountability and a basis for (I) in paragraph (9), by striking the period in preparation for, in aid of, or related to monitoring to ensure that the intended goals and inserting a semicolon; and terrorism, or providing material support or for, and expected results of, the grant of au- (II) inserting at the end the following: resources for terrorism, and that the Attor- thority under subsections (d)(1)(B) and (j) of ‘‘(10) is subject to a court order that re- ney General has a reasonable belief that the section 843 and sections 922A and 922B of title strains such person from harassing, stalking, person may use explosives in connection 18, United States Code, as amended by this or threatening an intimate partner of such with terrorism. Act, are being achieved; and person or child of such intimate partner or ‘‘(2) The Attorney General’s action’’; and (ii) ensure that terrorist watch list records person, or engaging in other conduct that (iv) in subsection (e)— are used in a manner that safeguards privacy would place an intimate partner in reason- (I) in paragraph (1), by inserting after the and civil liberties protections, in accordance able fear of bodily injury to the partner or first sentence the following: ‘‘However, if the with requirements outlines in Homeland Se- child, except that this paragraph shall only denial or revocation is based upon an Attor- curity Presidential Directive 11 (dated Au- apply to a court order that— ney General determination under subsection gust 27, 2004).

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(c) STANDARD FOR EXERCISING ATTORNEY (iii) by adding at the end the following: (i) ATTORNEY GENERAL’S ABILITY TO WITH- GENERAL DISCRETION REGARDING TRANSFER- ‘‘(iii) the State issuing the permit agrees HOLD INFORMATION IN FIREARMS LICENSE DE- RING FIREARMS OR ISSUING FIREARMS PER- to deny the permit application if such other NIAL AND REVOCATION SUIT.— MITS TO DANGEROUS TERRORISTS.—Chapter 44 person is the subject of a determination by (1) IN GENERAL.—Section 923(f)(1) of title 18, of title 18, United States Code, is amended— the Attorney General pursuant to section United States Code, is amended by inserting (1) by inserting after section 922 the fol- 922B of this title;’’; after the first sentence the following: ‘‘How- lowing: (4) in paragraph (4), by inserting ‘‘, or if ever, if the denial or revocation is pursuant ‘‘§ 922A. Attorney General’s discretion to deny the Attorney General has not determined to to subsection (d)(3) or (e)(1)(C), any informa- transfer of a firearm. deny the transfer of a firearm pursuant to tion upon which the Attorney General relied ‘‘The Attorney General may deny the section 922A of this title’’ after ‘‘or State for this determination may be withheld from transfer of a firearm under section law’’; and the petitioner, if the Attorney General deter- 922(t)(1)(B)(ii) of this title if the Attorney (5) in paragraph (5), by inserting ‘‘, or if mines that disclosure of the information General— the Attorney General has determined to would likely compromise national secu- ‘‘(1) determines that the transferee is deny the transfer of a firearm pursuant to rity.’’. known (or appropriately suspected) to be or section 922A of this title’’ after ‘‘or State (2) SUMMARIES.—Section 923(f)(3) of title 18, have been engaged in conduct constituting, law’’. United States Code, is amended by inserting in preparation for, in aid of, or related to (e) UNLAWFUL SALE OR DISPOSITION OF after the third sentence the following: ‘‘With terrorism, or providing material support or FIREARM BASED UPON ATTORNEY GENERAL respect to any information withheld from resources for terrorism; and DISCRETIONARY DENIAL.—Section 922(d) of the aggrieved party under paragraph (1), the ‘‘(2) has a reasonable belief that the pro- title 18, United States Code, is amended— United States may submit, and the court spective transferee may use a firearm in con- (1) in paragraph (8), by striking ‘‘or’’ at the may rely upon, summaries or redacted nection with terrorism. end; versions of documents containing informa- ‘‘§ 922B. Attorney General’s discretion regard- (2) in paragraph (9), by striking the period tion the disclosure of which the Attorney ing applicants for firearm permits which at the end and inserting ‘‘; or’’; and General has determined would likely com- would qualify for the exemption provided (3) by adding at the end the following: promise national security.’’. under section 922(t)(3). ‘‘(10) has been the subject of a determina- (j) ATTORNEY GENERAL’S ABILITY TO WITH- tion by the Attorney General under section HOLD INFORMATION IN RELIEF FROM DISABIL- ‘‘The Attorney General may determine ITIES LAWSUITS.—Section 925(c) of title 18, that— 922A, 922B, 923(d)(3), or 923(e) of this title.’’. (f) ATTORNEY GENERAL DISCRETIONARY DE- United States Code, is amended by inserting ‘‘(1) an applicant for a firearm permit after the third sentence the following: ‘‘If which would qualify for an exemption under NIAL AS PROHIBITOR.—Section 922(g) of title 18, United States Code, is amended— the person is subject to a disability under section 922(t) is known (or appropriately sus- section 922(g)(10) of this title, any informa- pected) to be or have been engaged in con- (1) in paragraph (8), by striking ‘‘or’’ at the end; tion which the Attorney General relied on duct constituting, in preparation for, in aid for this determination may be withheld from of, or related to terrorism, or providing ma- (2) in paragraph (9), by striking the comma at the end and inserting ‘‘; or’’; and the applicant if the Attorney General deter- terial support or resources for terrorism; and mines that disclosure of the information ‘‘(2) the Attorney General has a reasonable (3) by inserting after paragraph (9) the fol- lowing: would likely compromise national security. belief that the applicant may use a firearm In responding to the petition, the United in connection with terrorism.’’; ‘‘(10) who has received actual notice of the Attorney General’s determination made States may submit, and the court may rely (2) in section 921(a), by adding at the end upon, summaries or redacted versions of doc- the following: under section 922A, 922B, 923(d)(3) or 923(e) of this title,’’. uments containing information the disclo- ‘‘(36) The term ‘terrorism’ includes inter- sure of which the Attorney General has de- (g) ATTORNEY GENERAL DISCRETIONARY DE- national terrorism and domestic terrorism, termined would likely compromise national NIAL OF FEDERAL FIREARMS LICENSES.—Sec- as defined in section 2331 of this title. security.’’. tion 923(d) of title 18, United States Code, is ‘‘(37) The term ‘material support or re- (k) PENALTIES.—Section 924(k) of title 18, sources’ has the meaning given the term in amended— United States Code, is amended— section 2339A of this title. (1) in paragraph (1), in the matter pre- (1) in paragraph (2), by striking ‘‘or’’ at the ‘‘(38) The term ‘responsible person’ means ceding subparagraph (A), by striking ‘‘Any’’ end; an individual who has the power, directly or and inserting ‘‘Except as provided in para- (2) in paragraph (3), by striking the comma indirectly, to direct or cause the direction of graph (3), any’’; and at the end and inserting ‘‘; or’’; and the management and policies of the appli- (2) by adding at the end the following: (3) by inserting after paragraph (3) the fol- cant or licensee pertaining to firearms.’’; and ‘‘(3) The Attorney General may deny a li- lowing: (3) in the table of sections, by inserting cense application if the Attorney General de- ‘‘(4) constitutes an act of terrorism, or pro- after the item relating to section 922 the fol- termines that the applicant (including any viding material support or resources for ter- lowing: responsible person) is known (or appro- rorism,’’. ‘‘922A. Attorney General’s discretion to deny priately suspected) to be or have been en- (l) REMEDY FOR ERRONEOUS DENIAL OF transfer of a firearm. gaged in conduct constituting, in prepara- FIREARM OR FIREARM PERMIT EXEMPTION.— ‘‘922B. Attorney General’s discretion regard- tion for, in aid of, or related to terrorism, or (1) IN GENERAL.—Section 925A of title 18, ing applicants for firearm per- providing material support or resources for United States Code, is amended— mits which would qualify for terrorism, and the Attorney General has a (A) in the section heading, by striking the exemption provided under reasonable belief that the applicant may use ‘‘Remedy for erroneous denial of firearm’’ section 922(t)(3).’’. a firearm in connection with terrorism.’’. and inserting ‘‘Remedies’’; (d) EFFECT OF ATTORNEY GENERAL DISCRE- (h) DISCRETIONARY REVOCATION OF FEDERAL (B) by striking ‘‘Any person denied a fire- TIONARY DENIAL THROUGH THE NATIONAL IN- FIREARMS LICENSES.—Section 923(e) of title arm pursuant to subsection (s) or (t) of sec- STANT CRIMINAL BACKGROUND CHECK SYSTEM 18, United States Code, is amended— tion 922’’ and inserting the following: (NICS) ON FIREARMS PERMITS.—Section 922(t) (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; ‘‘(a) Except as provided in subsection (b), of title 18, United States Code, is amended— (2) by striking ‘‘revoke any license’’ and any person denied a firearm pursuant to sub- (1) in paragraph (1)(B)(ii), by inserting ‘‘or inserting the following: ‘‘revoke— section (t) of section 922 or a firearm permit State law, or that the Attorney General has ‘‘(A) any license’’; pursuant to a determination made under sec- determined to deny the transfer of a firearm (3) by striking ‘‘. The Attorney General tion 922B’’; and pursuant to section 922A of this title’’ before may, after notice and opportunity for hear- (C) by adding at the end the following: the semicolon; ing, revoke the license’’ and inserting the ‘‘(b) In any case in which the Attorney (2) in paragraph (2), in the matter pre- following: ‘‘; General has denied the transfer of a firearm ceding subparagraph (A), by inserting ‘‘, or if ‘‘(B) the license’’; and to a prospective transferee pursuant to sec- the Attorney General has not determined to (4) by striking ‘‘. The Secretary’s action’’ tion 922A of this title or has made a deter- deny the transfer of a firearm pursuant to and inserting the following: ‘‘; or mination regarding a firearm permit appli- section 922A of this title’’ after ‘‘or State ‘‘(C) any license issued under this section if cant pursuant to section 922B of this title, an law’’; the Attorney General determines that the action challenging the determination may be (3) in paragraph (3)— holder of such license (including any respon- brought against the United States. The peti- (A) in subparagraph (A)— sible person) is known (or appropriately sus- tion shall be filed not later than 60 days (i) in clause (i)— pected) to be or have been engaged in con- after the petitioner has received actual no- (I) in subclause (I), by striking ‘‘and’’ at duct constituting, in preparation for, in aid tice of the Attorney General’s determination the end; and of, or related to terrorism or providing mate- under section 922A or 922B of this title. The (II) by adding at the end the following: rial support or resources for terrorism, and court shall sustain the Attorney General’s ‘‘(III) was issued after a check of the sys- the Attorney General has a reasonable belief determination upon a showing by the United tem established pursuant to paragraph (1);’’; that the applicant may use a firearm in con- States by a preponderance of evidence that (ii) in clause (ii), by inserting ‘‘and’’ after nection with terrorism. the Attorney General’s determination satis- the semicolon; and ‘‘(2) The Attorney General’s action’’. fied the requirements of section 922A or 922B,

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as the case may be. To make this showing, (2) COMMUNITY.—The term ‘‘community’’ (B) in any State in which the maximum the United States may submit, and the court means a unit of local government or an In- age at which the juvenile justice system of may rely upon, summaries or redacted dian tribe, or part of such a unit or tribe, as such State has jurisdiction over individuals versions of documents containing informa- determined by such a unit or tribe for the exceeds 18 years of age, an individual who is tion the disclosure of which the Attorney purpose of applying for a grant under this such maximum age or younger. General has determined would likely com- title. SEC. 403. FINDINGS. promise national security. Upon request of (3) DESIGNATED GEOGRAPHIC AREA.—The The Congress finds as follows: the petitioner or the court’s own motion, the term ‘‘designated geographic area’’ means a (1) Youth gang crime has taken a toll on a court may review the full, undisclosed docu- 5-digit postal ZIP Code assigned to a geo- number of urban communities, and senseless ments ex parte and in camera. The court graphic area by the United States Postal acts of gang-related violence have imposed shall determine whether the summaries or Service. economic, social, and human costs. redacted versions, as the case may be, are (4) EVIDENCE-BASED.—The term ‘‘evidence- (2) Drug- and alcohol-dependent youth, and fair and accurate representations of the un- based’’, when used with respect to a practice youth dually diagnosed with addiction and derlying documents. The court shall not con- relating to juvenile delinquency and crimi- mental health disorders, are more likely to sider the full, undisclosed documents in de- nal street gang activity prevention and become involved with the juvenile justice ciding whether the Attorney General’s deter- intervention, means a practice (including a system than youth without such risk factors, mination satisfies the requirements of sec- service, program, activity, intervention, absent appropriate prevention and interven- tion 922A or 922B.’’. technology, or strategy) for which the Ad- tion services. (2) TECHNICAL AND CONFORMING AMEND- ministrator has determined— (3) Children of color are over-represented MENT.—The table of sections for chapter 44 of (A) causal evidence documents a relation- relative to the general population at every title 18, United States Code, is amended by ship between the practice and its intended stage of the juvenile justice system. African striking the item relating to section 925A outcome, based on measures of the direction American youth are 17 percent of the United and inserting the following: and size of a change, and the extent to which States population, but represent 38 percent a change may be attributed to the practice; ‘‘925A. Remedies.’’. of youth in secure placement juvenile facili- and ties, and 58 percent of youth incarcerated in (m) PROVISION OF GROUNDS UNDERLYING IN- (B) the use of scientific methods rules out, adult prisons. ELIGIBILITY DETERMINATION BY THE NATIONAL to the extent possible, alternative expla- (4) Research funded by the Department of INSTANT CRIMINAL BACKGROUND CHECK SYS- nations for the documented change. Justice indicates that gang-membership is TEM.—Section 103 of the Brady Handgun Vio- (5) INTERVENTION.—The term ‘‘interven- short-lived among adolescents. With very lence Prevention Act (18 U.S.C. 922 note) is tion’’ means the provision of programs and few youth remaining gang-involved through- amended— services that are supported by research, are out their adolescent years, ongoing opportu- (1) in subsection (f)— evidence-based or promising practices, and nities for intervention exist. (A) by inserting ‘‘or the Attorney General are provided to youth who are involved in, or (5) Criminal justice costs have become bur- has made a determination regarding an ap- who are identified by evidence-based risk as- densome in many States and cities, requiring plicant for a firearm permit pursuant to sec- sessment methods as being at high risk of reductions in vital educational, social, wel- tion 922B of title 18, United States Code,’’ continued involvement in, juvenile delin- fare, mental health, and related services. after ‘‘is ineligible to receive a firearm’’; and quency or criminal street gangs, as a result (6) Direct expenditures for each of the (B) by inserting ‘‘except any information of indications that demonstrate involvement major criminal justice functions, police, cor- for which the Attorney General has deter- with problems such as truancy, substance rections, and judicial services, have in- mined that disclosure would likely com- abuse, mental health treatment needs, or creased steadily over the last 25 years. In fis- promise national security,’’ after ‘‘reasons to siblings who have had involvement with ju- cal year 2009, Federal, State, and local gov- the individual,’’; and venile or criminal justice systems. ernments spent an estimated $258,000,000,000 (2) in subsection (g)— (6) JUVENILE DELINQUENCY AND CRIMINAL for police protection, corrections, and judi- (A) the first sentence— STREET GANG ACTIVITY PREVENTION.—The cial and legal services, nearly a 207 percent (i) by inserting ‘‘or if the Attorney General term ‘‘juvenile delinquency and criminal increase since 1982. has made a determination pursuant to sec- street gang activity prevention’’ means the (7) In 2009, State governments spent tion 922A or 922B of title 18, United States provision of programs and resources to chil- $5,700,000,000 to incarcerate youth. The aver- Code,’’ after ‘‘or State law,’’; and dren and families who have not yet had sub- age annual cost to incarcerate one youth is (ii) by inserting ‘‘, except any information stantial contact with criminal justice or ju- $88,000. for which the Attorney General has deter- venile justice systems, that— (8) Coordinated efforts of stakeholders in mined that disclosure would likely com- (A) are designed to reduce potential juve- the juvenile justice system in a local com- promise national security’’ before the period nile delinquency and criminal street gang munity, together with other organizations at the end; and activity risks; and and community members concerned with the (B) by adding at the end the following: (B) are evidence-based or promising edu- safety and welfare of children, have a strong ‘‘Any petition for review of information cational, health, mental health, school- record of demonstrated success in reducing withheld by the Attorney General under this based, community-based, faith-based, par- the impact of youth and gang-related crime subsection shall be made in accordance with enting, job training, social opportunities and and violence, as demonstrated in Boston, section 925A of title 18, United States Code.’’. experiences, or other programs, for youth Massachusetts, Chicago, Illinois, Richmond, and their families, that have been dem- Virginia, Los Angeles, California, and other SA 738. Ms. LANDRIEU (for herself onstrated to be effective in reducing juvenile communities. and Mr. CASEY) submitted an amend- delinquency and criminal street gang activ- (9) Investment in prevention and interven- ment intended to be proposed by her to ity risks. tion programs for children and youth, in- the bill S. 649, to ensure that all indi- (7) PROMISING.—The term ‘‘promising’’, cluding quality early childhood programs, viduals who should be prohibited from when used with respect to a practice relating comprehensive evidence-based school, after to juvenile delinquency and criminal street school, and summer school programs, men- buying a firearm are listed in the na- gang activity prevention and intervention, toring programs, mental health and treat- tional instant criminal background means a practice (including a service, pro- ment programs, evidence-based job training check system and require a background gram, activity, intervention, technology, or programs, and alternative intervention pro- check for every firearm sale, and for strategy) that, based on statistical analyses grams, has been shown to lead to decreased other purposes; which was ordered to or a theory of change, has been determined youth arrests, decreased delinquency, lower lie on the table; as follows: by the Administrator to have demonstrated recidivism, and greater financial savings At the end, add the following: the potential to meet the requirements of an from an educational, economic, social, and evidence-based practice. criminal justice perspective. TITLE IV—YOUTH PRISON REDUCTION (8) STATE.—The term ‘‘State’’ means each (10) Quality early childhood education pro- THROUGH OPPORTUNITIES, MEN- of the several States, the District of Colum- grams have been demonstrated to help chil- TORING, INTERVENTION, SUPPORT, AND bia, the Commonwealth of Puerto Rico, the dren start school ready to learn and to re- EDUCATION ACT Virgin Islands, American Samoa, Guam, the duce delinquency and criminal street gang SEC. 401. SHORT TITLE. Northern Mariana Islands, and any other ter- activity risks. This title may be cited as the ‘‘Youth Pris- ritories or possessions of the United States. (11) Evidence-based mentoring programs on Reduction through Opportunities, Men- (9) THEORY OF CHANGE.—The term ‘‘theory have been shown to prevent youth drug toring, Intervention, Support, and Education of change’’ means a program planning strat- abuse and violence. Act’’ or the ‘‘Youth PROMISE Act’’. egy approved by the Administrator that out- (12) Evidence-based school-based com- SEC. 402. DEFINITIONS. lines the types of interventions and out- prehensive instructional programs that pair In this title: comes essential to achieving a set of pro- youth with responsible adult mentors have (1) ADMINISTRATOR.—The term ‘‘Adminis- gram goals. been shown to have a strong impact upon de- trator’’ means the Administrator of the Of- (10) YOUTH.—The term ‘‘youth’’ means— linquency prevention. fice of Juvenile Justice and Delinquency (A) an individual who is 18 years of age or (13) After-school programs that connect Prevention. younger; or children to caring adults and that provide

VerDate Mar 15 2010 01:32 Apr 19, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A18AP6.040 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 18, 2013 CONGRESSIONAL RECORD — SENATE S2811 constructive activities during the peak hours that is described in section 501(c)(3) of the In- ‘‘(ii) advise the Administrator with respect of juvenile delinquency and criminal street ternal Revenue Code of 1986,’’; and to the award and allocation of PROMISE gang activity, between 3 p.m. and 6 p.m., (2) by amending paragraph (2) to read as Planning grants to local and tribal govern- have been shown to reduce delinquency and follows: ments that develop PROMISE Coordinating the attendant costs imposed on the juvenile ‘‘(2) ASSISTANCE.—To be eligible to receive Councils, and of PROMISE Implementation and criminal justice systems. such assistance, such organization shall— grants to such PROMISE Coordinating Coun- (14) States with higher levels of edu- ‘‘(A) be governed by individuals who— cils, pursuant to subtitle B of the Youth cational attainment have been shown to ‘‘(i) have been appointed by a chief execu- PROMISE Act; and have crime rates lower than the national av- tive of a State to serve as a State advisory ‘‘(C) develop performance standards to be erage. Researchers have found that a 5-per- group member under subsection (a)(3); and used to evaluate programs and activities car- cent increase in male high school graduation ‘‘(ii) are elected to serve as a governing of- ried out with grants under subtitle B of the rates would produce an annual savings of al- ficer of such organization by a majority of Youth PROMISE Act, including the evalua- most $5,000,000,000 in crime-related expenses. the Chairs (or Chair-designees) of all such tion of changes achieved as a result of such (15) Therapeutic programs that engage and State advisory groups; programs and activities related to decreases motivate high-risk youth and their families ‘‘(B) include member representatives from in juvenile delinquency and criminal street to change behaviors that often result in a majority of such State advisory groups, gang activity, including— criminal activity have been shown to signifi- who shall be representative of regionally and ‘‘(i) prevention of involvement by at-risk cantly reduce recidivism among juvenile of- demographically diverse States and jurisdic- youth in juvenile delinquency or criminal fenders, and significantly reduce the attend- tions; street gang activity; ant costs of crime and delinquency imposed ‘‘(C) annually seek appointments by the ‘‘(ii) diversion of youth with a high risk of upon the juvenile and criminal justice sys- chief executive of each State of one State ad- continuing involvement in juvenile delin- tems. visory group member and one alternate quency or criminal street gang activity; and (16) Comprehensive programs that target State advisory group member from each such ‘‘(iii) financial savings from deferred or kids who are already serious juvenile offend- State to implement the advisory functions eliminated costs, or other benefits, as a re- ers by addressing the multiple factors in specified in clauses (iv) and (v) of subpara- sult of such programs and activities, and the peer, school, neighborhood, and family envi- graph (D), including serving on the PROM- reinvestment by the unit or tribe of any such ronments known to be related to delin- ISE Advisory Panel, and make a record of savings. quency can reduce recidivism among juve- any such appointments available to the pub- ‘‘(2) ANNUAL REPORT.—Not later than 18 nile offenders and save the public significant lic; and months after the date of the enactment of economic costs. ‘‘(D) agree to carry out activities that in- the Youth PROMISE Act, and annually (17) There are many alternatives to incar- clude— thereafter, the PROMISE Advisory Panel ceration of youth that have been proven to ‘‘(i) conducting an annual conference of shall prepare a report containing the find- be more effective in reducing crime and vio- such member representatives for purposes re- ings and determinations under paragraph lence at the Federal, State, local, and tribal lating to the activities of such State advi- (1)(A) and shall submit such report to Con- levels, and the failure to provide for such ef- sory groups; gress, the President, the Attorney General, fective alternatives is a pervasive problem ‘‘(ii) disseminating information, data, and the chief executive and chief law en- that leads to increased youth, and later standards, advanced techniques, and pro- forcement officer of each State, unit of local adult, crime and violence. gram models; government, and Indian tribe.’’. (18) Savings achieved through early inter- ‘‘(iii) reviewing Federal policies regarding (c) AUTHORIZATION OF APPROPRIATIONS.— vention and prevention are significant, espe- juvenile justice and delinquency prevention; Section 299(a)(1) of the Juvenile Justice and cially when noncriminal justice social, edu- ‘‘(iv) advising the Administrator with re- Delinquency Prevention Act of 1974 (42 cational, mental health, and economic out- spect to particular functions or aspects of U.S.C. 5671(a)(1)) is amended to read as fol- comes are considered. the work of the Office, and appointing a rep- lows: (19) The prevention of child abuse and ne- resentative, diverse group of members of ‘‘(1) There are authorized to be appro- glect can help stop a cycle of violence and such organization under subparagraph (C) to priated such sums as may be necessary to save up to $5.00 for every $1.00 invested in serve as an advisory panel of State juvenile carry out this title for each of the fiscal preventing such abuse and neglect. justice advisors (referred to as the ‘PROM- years 2014 through 2016.’’. (20) Targeting interventions at special ISE Advisory Panel’) to carry out the func- SEC. 406. GEOGRAPHIC ASSESSMENT OF RE- youth risk groups and focusing upon rel- tions specified in subsection (g); and SOURCE ALLOCATION. atively low-cost interventions increases the ‘‘(v) advising the President and Congress (a) GRANT FOR COLLECTION OF DATA TO DE- probability of fiscal benefit. with regard to State perspectives on the op- TERMINE NEED.—The Administrator shall (21) Evidence-based intervention treatment eration of the Office and Federal legislation award a grant, on a competitive basis, to an facilities have been shown to reduce youth pertaining to juvenile justice and delin- organization to— delinquency and to be cost-effective. quency prevention.’’. (1) collect and analyze data related to the (22) States, including Wisconsin, Ohio, New (b) PROMISE ADVISORY PANEL.—Section existing juvenile delinquency and criminal York, Texas, and Pennsylvania, have seen a 223 of the Juvenile Justice and Delinquency street gang activity prevention and interven- reduction in juvenile incarceration due to a Prevention Act of 1974 (42 U.S.C. 5633) is fur- tion needs and resources in each designated reallocation of criminal justice funds to- ther amended by adding at the end the fol- geographic area; wards prevention programs. lowing new subsection: (2) use the data collected and analyzed (23) The rise in homicides in several cities ‘‘(g) PROMISE ADVISORY PANEL.— under paragraph (1) to compile a list of des- in recent years followed declines in Federal ‘‘(1) FUNCTIONS.—The PROMISE Advisory ignated geographic areas that have the most funding provided for law enforcement, edu- Panel required under subsection (f)(2)(D) need of resources, based on such data, to cational, health and mental health, social shall— carry out juvenile delinquency and criminal services, and other support to localities for ‘‘(A) assess successful evidence-based and street gang activity prevention and interven- youth, their families, and other community- promising practices related to juvenile delin- tion; oriented programs and approaches. quency and criminal street gang activity (3) use the data collected and analyzed SEC. 404. ALLOTMENT FOR YOUTH PROMISE PRO- prevention and intervention carried out by under paragraph (1) to rank the areas listed GRAMS. PROMISE Coordinating Councils under the under paragraph (2) in descending order by Not more than 50 percent of the total Youth PROMISE Act; the amount of need for resources to carry amount available for the Edward Byrne Me- ‘‘(B) provide the Administrator with a list out juvenile delinquency and criminal street morial Criminal Justice Innovation Program of individuals and organizations with experi- gang activity prevention and intervention, for each fiscal year shall be made available ence in administering or evaluating prac- ranking the area with the greatest need for to carry out this title. tices that serve youth involved in, or at risk such resources highest; and Subtitle A—Federal Coordination of Local of involvement in, juvenile delinquency and (4) periodically update the list and and Tribal Juvenile Justice Information criminal street gang activity, from which rankings under paragraph (3) as the Adminis- and Efforts the Administrator shall select individuals trator determines to be appropriate. SEC. 405. PROMISE ADVISORY PANEL. who shall— (b) DATA SOURCES.—In compiling such list (a) ORGANIZATION OF STATE ADVISORY ‘‘(i) provide to the Administrator peer re- and determining such rankings, the organi- GROUP MEMBER REPRESENTATIVES.—Section views of applications submitted by units of zation shall collect and analyze data relating 223(f) of the Juvenile Justice and Delin- local government and Indian tribes pursuant to juvenile delinquency and criminal street quency Prevention Act of 1974 (42 U.S.C. to subtitle B of the Youth PROMISE Act, to gang activity prevention and intervention— 5633(f)) is amended— ensure that such applications demonstrate a (1) using the geographic information sys- (1) in paragraph (1), by striking ‘‘an eligi- clear plan to— tem and Web-based mapping application ble organization composed of member rep- ‘‘(I) serve youth as part of an entire family known as the Socioeconomic Mapping and resentatives of the State advisory groups ap- unit; and Resource Topography (SMART) system; pointed under subsection (a)(3)’’ and insert- ‘‘(II) coordinate the delivery of service to (2) from the Department of Health and ing ‘‘a nonpartisan, nonprofit organization youth among agencies; and Human Services, the Department of Labor,

VerDate Mar 15 2010 01:32 Apr 19, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A18AP6.042 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2812 CONGRESSIONAL RECORD — SENATE April 18, 2013 the Department of Housing and Urban Devel- clude one or more designated geographic of offenders in prisons, jails, and juvenile fa- opment, and the Department of Education; areas identified on the list required under cilities that are located in the United States and section 406(a)(2). The members of such a but are not located in such community; (3) from the annual KIDS Count Data Book PROMISE Coordinating Council shall be rep- (8) a comparison of the amount under para- and other data made available by the KIDS resentatives of public and private sector en- graph (5) with an estimation of the amount Count initiative of the Annie E. Casey Foun- tities and individuals that— that would be expended for the incarceration dation. (1) should include at least one representa- of offenders described in such paragraph if (c) USE OF DATA BY THE ADMINISTRATOR.— tive from each of the following: the number of offenders described in such The list and rankings required by this sec- (A) the local chief executive’s office; paragraph was equal to the national average tion shall be provided to the Administrator (B) a local educational agency; incarceration rate per 100,000 population; and to be used to provide funds under this title in (C) a local health agency or provider; (9) a description of evidence-based and the most strategic and effective manner to (D) a local mental health agency or pro- promising practices related to juvenile delin- ensure that resources and services are pro- vider, unless the representative under sub- quency and criminal street gang activity vided to youth in the communities with the paragraph (C) also meets the requirements of prevention available for youth in the com- greatest need for such resources and serv- this subparagraph; munity, including school-based programs, ices. (E) a local public housing agency; after school programs (particularly pro- (d) LIMITATION ON USE OF COLLECTED (F) a local law enforcement agency; grams that have activities available for DATA.—The information collected and ana- (G) a local child welfare agency; youth between 3 p.m. and 6 p.m. in the after- lyzed under this section may not be used for (H) a local juvenile court; noon), weekend activities and programs, any purpose other than to carry out the pur- (I) a local juvenile prosecutor’s office; youth mentoring programs, faith and com- poses of this title. Such information may not (J) a private juvenile residential care enti- munity-based programs, summer activities, be used for any purpose related to the inves- ty; and summer jobs, if any; and tigation or prosecution of any person, or for (K) a local juvenile public defender’s office; (10) a description of evidence-based and profiling of individuals based on race, eth- (L) a State juvenile correctional entity; promising intervention practices available nicity, socio-economic status, or any other (M) a local business community represent- for youth in the community. characteristic. ative; and (b) LIMITATION ON USE OF ASSESSMENT IN- (e) LIMITATION OF ALLOCATION.—Of the (N) a local faith-based community rep- FORMATION.—Information gathered pursuant amount made available for fiscal year 2014 to resentative; to this section may be used for the sole pur- carry out this section and part I of subtitle (2) shall include two representatives from pose of developing a PROMISE Plan in ac- B (as authorized under section 411), not more each of the following: cordance with this subtitle. than 1 percent of such amount, or $1,000,000, (A) parents who have minor children, and SEC. 411. PROMISE PLAN COMPONENTS. whichever is less, shall be available to carry who have an interest in the local juvenile or (a) IN GENERAL.—Each PROMISE Coordi- out this section. criminal justice systems; nating Council receiving funds from a unit of local government or Indian tribe under this Subtitle B—PROMISE Grants (B) youth between the ages of 15 and 24 who reside in the jurisdiction of the unit or tribe; subtitle shall develop a PROMISE Plan to SEC. 407. PURPOSES. and provide for the coordination of, and, as ap- The purposes of the grant programs estab- propriate, to support the delivery of, evi- (C) members from nonprofit community- lished under this subtitle are to— dence-based and promising practices related based organizations that provide effective (1) enable local and tribal communities to to juvenile delinquency and criminal street delinquency prevention and intervention to assess the unmet needs of youth who are in- gang activity prevention and intervention to youth in the jurisdiction of the unit or tribe; volved in, or are at risk of involvement in, youth and families who reside in the commu- and juvenile delinquency or criminal street nity for which such PROMISE Coordinating (3) may include other members, as the unit gangs; Council was established. Such a PROMISE or tribe determines to be appropriate. (2) develop plans appropriate for a commu- Plan shall— nity to address those unmet needs with juve- SEC. 410. NEEDS AND STRENGTHS ASSESSMENT. (1) include the strategy by which the nile delinquency and gang prevention and (a) ASSESSMENT.—Each PROMISE Coordi- PROMISE Coordinating Council plans to intervention practices; and nating Council receiving funds from a unit of prioritize and allocate resources and services (3) implement and evaluate such plans in a local government or Indian tribe under this toward the unmet needs of youth in the com- manner consistent with this title. subtitle shall conduct an objective strengths munity, consistent with the needs and avail- and needs assessment of the resources of the able resources of communities with the PART I—PROMISE ASSESSMENT AND community for which such PROMISE Coordi- greatest need for assistance, as determined PLANNING GRANTS nating Council was established, to identify pursuant to section 406; SEC. 408. PROMISE ASSESSMENT AND PLANNING the unmet needs of youth in the community (2) include a combination of evidence-based GRANTS AUTHORIZED. with respect to evidence-based and prom- and promising prevention and intervention (a) GRANTS AUTHORIZED.—The Adminis- ising practices related to juvenile delin- practices that are responsive to the needs of trator is authorized to award grants to units quency and criminal street gang activity the community; and of local government and Indian tribes to as- prevention and intervention. The PROMISE (3) ensure that cultural and linguistic sist PROMISE Coordinating Councils with Coordinating Council shall consult with a re- needs of the community are met. planning and assessing evidence-based and search partner receiving a grant under sec- (b) MANDATORY COMPONENTS.—Each PROM- promising practices relating to juvenile de- tion 420 for assistance with such assessment. ISE Plan shall— linquency and criminal street gang activity Such assessment shall include, with respect (1) include a plan to connect youth identi- prevention and intervention, especially for to the community for which such PROMISE fied in paragraphs (1) and (2) of section 409(a) youth who are involved in, or who are at risk Coordinating Council was established— to evidence-based and promising practices of involvement in, juvenile delinquency and (1) the number of youth who are at-risk of related to juvenile delinquency and criminal criminal street gang activity. Such PROM- involvement in juvenile delinquency or street gang activity prevention and interven- ISE Coordinating Councils shall— street gang activity; tion; (1) conduct an objective needs and (2) the number of youth who are involved (2) identify the amount or percentage of strengths assessment in accordance with sec- in juvenile delinquency or criminal street local funds that are available to the PROM- tion 409; and gang activity, including the number of such ISE Coordinating Council to carry out the (2) develop a PROMISE Plan in accordance youth who are at high risk of continued in- PROMISE Plan; with section 410, based on the assessment volvement; (3) provide strategies to improve indigent conducted in accordance with section 409. (3) youth unemployment rates during the defense delivery systems, with particular at- (b) GRANT DURATION, AMOUNT, AND ALLOCA- summer; tention given to groups of children who are TION.— (4) the number of individuals on public fi- disproportionately represented in the State (1) DURATION.—A grant awarded under this nancial assistance (including a breakdown of delinquency system and Federal criminal section shall be for a period not to exceed the numbers of men, women, and children on justice system, as compared to the represen- one year. such assistance); tation of such groups in the general popu- (2) MAXIMUM GRANT AMOUNT.—A grant (5) the estimated number of youth who are lation of the State; awarded under this section shall not exceed chronically truant; (4) provide for training (which complies $300,000. (6) the number of youth who have dropped with the American Bar Association Juvenile SEC. 409. PROMISE COORDINATING COUNCILS. out of school in the previous year; Justice Standards for the representation and To be eligible to receive a grant under this (7) for the year before such assessment, the care of youth in the juvenile justice system) part, a unit of local government or an Indian estimated total amount expended (by the of prosecutors, defenders, probation officers, tribe shall establish a PROMISE Coordi- community and other entities) for the incar- judges and other court personnel related to nating Council for each community of such ceration of offenders who were convicted or issues concerning the developmental needs, unit or tribe, respectively, for which such adjudicated delinquent for an offense that challenges, and potential of youth in the ju- unit or tribe is applying for a grant under was committed in such community, includ- venile justice system, (including training re- this subtitle. Each such community shall in- ing amounts expended for the incarceration lated to adolescent development and mental

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SEC. 412. PROMISE IMPLEMENTATION GRANTS will be used by the PROMISE Coordinating AUTHORIZED. SEC. 414. GRANT AWARD GUIDELINES. Council to provide at-risk youth with evi- (a) PROMISE IMPLEMENTATION GRANTS AU- (a) SELECTION AND DISTRIBUTION.—Grants dence-based and promising practices related THORIZED.—The Administrator of the Office awarded under this part shall be awarded on to juvenile delinquency and criminal street of Juvenile Justice and Delinquency Preven- a competitive basis. The Administrator gang activity prevention and intervention; tion is authorized to award grants to units of shall— (7) propose the performance evaluation local government and Indian tribes to assist (1) take such steps as may be necessary to process to be used to carry out section 412(d), PROMISE Coordinating Councils with imple- ensure that grants are awarded to units of which shall include performance measures to menting PROMISE Plans developed pursuant local governments and Indian tribes in areas assess efforts to address the unmet needs of to part I. with the highest concentrations of youth youth in the community with evidence-based (b) GRANT DURATION.—A grant awarded who are— and promising practices related to juvenile under this part shall be for a 3-year period. (A) at-risk of involvement in juvenile de- delinquency and criminal street gang activ- (c) NON-FEDERAL FUNDS REQUIRED.—For linquency or criminal street gang activity; ity prevention and intervention; and each fiscal year during the 3-year grant pe- and (8) identify the research partner the riod for a grant under this part, each unit of (B) involved in juvenile delinquency or PROMISE Coordinating Council will use to local government or Indian tribe receiving street gang activity and who are at high-risk obtain information on evidence-based and such a grant for a PROMISE Coordinating of continued involvement; and promising practices related to juvenile delin- Council shall provide, from non-Federal (2) give consideration to the need for quency and criminal street gang activity funds, in cash or in-kind, 25 percent of the grants to be awarded to units of local gov- prevention and intervention, and for the costs of the activities carried out with such ernments and Indian tribes in each region of evaluation under section 412(d) of the results grant. the United States, and among urban, subur- of the activities carried out with funds under (d) EVALUATION.—Of any funds provided to ban, and rural areas. this subtitle. a unit of local government or an Indian tribe (b) EXTENSION OF GRANT AWARD.—The Ad- (c) VOLUNTARY COMPONENTS.—In addition for a grant under this part, not more than ministrator may extend the grant period to the components under subsection (b), a $100,000 shall be used to provide a contract to under section 412(b)(1) for a PROMISE Imple- PROMISE Plan may include evidence-based a competitively selected organization to as- mentation grant to a unit of local govern- or promising practices related to juvenile de- sess the progress of the unit or tribe in ad- ment or an Indian tribe, in accordance with linquency and criminal street gang activity dressing the unmet needs of youth in the regulations issued by the Administrator. prevention and intervention in the following community, in accordance with the perform- (c) RENEWAL OF GRANT AWARD.—The Ad- categories: ance measures under section 410(a). ministrator may renew a PROMISE Imple- (1) Early childhood development services SEC. 413. PROMISE IMPLEMENTATION GRANT AP- mentation grant to a unit of local govern- (such as pre-natal and neo-natal health serv- PLICATION REQUIREMENTS. ment or an Indian tribe to provide such unit ices), early childhood prevention, voluntary (a) APPLICATION REQUIRED.—To be eligible or tribe with additional funds to continue home visiting programs, nurse-family part- to receive a PROMISE Implementation grant implementation of a PROMISE Plan. Such a nership programs, parenting and healthy re- under this part, a unit of local government renewal— lationship skills training, child abuse pre- or Indian tribe that received a PROMISE As- (1) shall be initiated by an application for vention programs, Early Head Start, and sessment and Planning grant under part I renewal from a unit of local government or Head Start. shall submit an application to the Adminis- an Indian tribe; (2) Child protection and safety services trator of the Office of Juvenile Justice and (2) shall be carried out in accordance with (such as foster care and adoption assistance Delinquency Prevention not later than one regulations issued by the Administrator; and programs), family stabilization programs, year after the date such unit of local govern- (3) shall not be granted unless the Admin- child welfare services, and family violence ment or Indian tribe was awarded such grant istrator determines such a renewal to be ap- intervention programs. under part I, in such manner, and accom- propriate based on the results of the evalua- (3) Youth and adolescent development serv- panied by such information, as the Adminis- tion conducted under section 418(a) with re- ices, including job training and apprentice- trator, after consultation with the organiza- spect to the community of such unit or tribe ship programs, job placement and retention tion under section 223(f)(1) of the Juvenile for which a PROMISE Coordinating Council training, education and after school pro- Justice and Delinquency Prevention Act of was established, and for which such unit or grams (such as school programs with shared 1974 (42 U.S.C. 5633(f)(1)), may require. tribe is applying for renewal. governance by students, teachers, and par- (b) CONTENTS OF APPLICATION.—Each appli- ents, and activities for youth between the cation submitted under subsection (a) shall— SEC. 415. REPORTS. hours of 3 p.m. and 6 p.m. in the afternoon), (1) identify potential savings from criminal Not later than one year after the end of the mentoring programs, conflict resolution justice costs, public assistance costs, and grant period for which a unit of local govern- skills training, sports, arts, life skills, em- other costs avoided by utilizing evidence- ment or an Indian tribe receives a PROMISE ployment and recreation programs, summer based and promising practices related to ju- Implementation grant, and annually there- jobs, and summer recreation programs, and venile delinquency and criminal street gang after for as long as such unit or tribe con- alternative school resources for youth who activity prevention and intervention; tinues to receive Federal funding for a have dropped out of school or demonstrate (2) document— PROMISE Coordinating Council, such unit chronic truancy. (A) investment in evidence-based and or tribe shall report to the Administrator re- (4) Heath and mental health services, in- promising practices related to juvenile delin- garding the use of Federal funds to imple- cluding cognitive behavioral therapy, play quency and criminal street gang activity ment the PROMISE Plan developed under therapy, and peer mentoring and counseling. prevention and intervention to be provided part I. (5) Substance abuse counseling and treat- by the unit of local government or Indian PART III—GENERAL PROMISE GRANT ment services, including harm-reduction tribe; PROVISIONS strategies. (B) the activities to be undertaken with SEC. 416. NONSUPPLANTING CLAUSE. (6) Emergency, transitional, and perma- the grants funds; nent housing assistance (such as safe shelter (C) any expected efficiencies in the juve- A unit of local government or Indian tribe and housing for runaway and homeless nile justice or other local systems to be at- receiving a grant under this subtitle shall youth). tained as a result of implementation of the use such grant only to supplement, and not (7) Targeted gang prevention, intervention, programs funded by the grant; and supplant, the amount of funds that, in the and exit services such as tattoo removal, (D) outcomes from such activities, in absence of such grant, would be available to successful models of anti-gang crime out- terms of the expected numbers related to re- address the needs of youth in the community reach programs (such as ‘‘street worker’’ duced criminal activity; with respect to evidence-based and prom- programs), and other criminal street gang (3) describe how savings sustained from in- ising practices related to juvenile delin- truce or peacemaking activities. vestment in prevention and intervention quency and criminal street gang activity (8) Training and education programs for practices will be reinvested in the con- prevention and intervention. pregnant teens and teen parents. tinuing implementation of the PROMISE SEC. 417. GRANT APPLICATION REVIEW PANEL. (9) Alternatives to detention and confine- Plan; and The Administrator of the Office of Juvenile ment programs (such as mandated participa- (4) provide an assurance that the local fis- Justice and Delinquency Prevention, in con- tion in community service, restitution, cal contribution with respect to evidence- junction with the PROMISE Advisory Panel,

VerDate Mar 15 2010 01:32 Apr 19, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A18AP6.042 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2814 CONGRESSIONAL RECORD — SENATE April 18, 2013 shall establish and utilize a transparent, re- ising practices related to juvenile delin- SD–366 of the Dirksen Senate Office liable, and valid system for evaluating appli- quency and criminal street gang activity Building. cations for PROMISE Assessment and Plan- prevention and intervention to inform the ef- In addition to the other measures ning grants and for PROMISE Implementa- forts of PROMISE Coordinating Councils and tion grants, and shall determine which appli- regional research partners and to support previously announced, the Committee cants meet the criteria for funding, based the programs and activities carried out with will also consider: primarily on a determination of greatest grants under title subtitle B; S. 736, to establish a maximum need (in accordance with section 406), with (3) increase the public’s knowledge and un- amount for special use permit fees ap- due consideration to other enumerated fac- derstanding of effective juvenile justice prac- plicable to certain cabins on National tors and the indicated ability of the appli- tices to prevent crime and delinquency and Forest System land in the State of cant to successfully implement the program reduce recidivism; and Alaska; and, described in the application. (4) develop, manage, and regularly update a S. 757, to provide for the implementa- SEC. 418. EVALUATION OF PROMISE GRANT PRO- site to disseminate proven practices for suc- GRAMS. cessful juvenile delinquency prevention and tion of the multispecies habitat con- (a) EVALUATION REQUIRED.—The Adminis- intervention. servation plan for the Virgin River, Ne- trator shall, in consultation with the organi- SEC. 420. GRANTS FOR REGIONAL RESEARCH vada, and Lincoln County, Nevada, to zation provided assistance under section PROVEN PRACTICES PARTNER- extend the authority to purchase cer- 223(f)(1) of the Juvenile Justice and Delin- SHIPS. tain parcels of public land, and for quency Prevention Act of 1974 (42 U.S.C. The Administrator shall establish a grant other purposes. program to award grants to institutions of 5633(f)(1)), provide for an evaluation of the Because of the limited time available programs and activities carried out with higher education to serve as regional re- grants under this subtitle. In carrying out search partners with PROMISE Coordinating for the hearing, witnesses may testify this section, the Administrator shall— Councils that are located in the same geo- by invitation only. However, those (1) award grants to institutions of higher graphic region as an institution, in collabo- wishing to submit written testimony education (including institutions that are el- ration with the National Research Center for for the hearing record may do so by igible to receive funds under part F of title Proven Juvenile Justice Practices author- sending it to the Committee on Energy III of the Higher Education Act of 1965 (20 ized under section 419. Regional research partners shall provide research support to and Natural Resources, United States U.S.C. 1067q et seq.), to facilitate the evalua- such PROMISE Coordinating Councils, in- Senate, Washington, D.C. 20510–6150, or tion process and measurement of achieved cluding— by e-mail to john_assini@energy outcomes; (1) assistance with preparing PROMISE (2) identify evidence-based and promising .senate.gov. grant applications under subtitle B, includ- practices used by PROMISE Coordinating For further information, please con- ing collection of baseline data for such appli- Councils under PROMISE Implementation tact Meghan Conklin at (202) 224–8046, cations; grants that have proven to be effective in or John Assini at (202) 224–9313. (2) assistance with the needs and strengths preventing involvement in, or diverting fur- assessments conducted under section 410; and COMMITTEE ON ENERGY AND NATURAL ther involvement in, juvenile delinquency or (3) provision of support services to PROM- RESOURCES criminal street gang activity; and ISE grant recipients for data collection and (3) ensure— Mr. WYDEN. Mr. President, I would analysis to assess progress under the PROM- (A) that such evaluation is based on the like to announce for the information of ISE grant. performance standards that are developed by the Senate and the public of additions the PROMISE Advisory Panel in accordance SA 739. Mr. WICKER submitted an to a previously announced hearing be- with section 223(g) of the Juvenile Justice amendment intended to be proposed by fore the Senate Committee on Energy and Delinquency Prevention Act of 1974 (as him to the bill S. 649, to ensure that all and Natural Resources. added by section 405(b) of this title); The hearing will be held on Tuesday, (B) the development of longitudinal and individuals who should be prohibited clinical trial evaluation and performance from buying a firearm are listed in the April 23, 2013, at 10:00 a.m., in room SD– measurements with regard to the evidence- national instant criminal background 366 of the Dirksen Senate Office Build- based and promising practices funded under check system and require a background ing. this subtitle; and check for every firearm sale, and for In addition to the other measures (C) the dissemination of the practices iden- other purposes; which was ordered to previously announced, the Committee tified in paragraph (2) to the National Re- lie on the table; as follows: will also consider H.R. 678, Bureau of search Center for Proven Juvenile Justice At the end of title III, add the following: Reclamation Small Conduit Hydro- Practices (established under section 301), SEC. 307. AUTHORIZATION FOR USE OF SAFE AND power Development and Rural Jobs units of local government, and Indian tribes DRUG-FREE SCHOOLS AND COMMU- Act; and S. 761, Energy Savings and In- to promote the use of such practices by such NITIES FUNDS FOR SCHOOL SAFETY units and tribes to prevent involvement in, MEASURES. dustrial Competitiveness Act of 2013. or to divert further involvement in, juvenile Section 4121(a) of the Safe and Drug-Free Because of the limited time available delinquency or criminal street gang activity. Schools and Communities Act (20 U.S.C. for the hearing, witnesses may testify (b) RESULTS TO THE NATIONAL RESEARCH 7131(a)) is amended— by invitation only. However, those CENTER FOR PROVEN JUVENILE JUSTICE PRAC- (1) in paragraph (8), by striking ‘‘and’’ at wishing to submit written testimony TICES.—The Administrator shall provide the the end; for the hearing record may do so by results of the evaluation under subsection (a) (2) by redesignating paragraph (9) as para- sending it to the Committee on Energy to the National Research Center for Proven graph (10); and Juvenile Justice Practices established under (3) by inserting after paragraph (8) the fol- and Natural Resources, United States section 419. lowing: Senate, Washington, D.C. 20510–6150, or Subtitle C—PROMISE Research Centers ‘‘(9) assistance in the acquisition and in- by e-mail to lauren_goldschmidt stallation of physical measures, such as SEC. 419. ESTABLISHMENT OF THE NATIONAL RE- @energy.senate.gov. SEARCH CENTER FOR PROVEN JU- metal detectors, surveillance cameras, or For further information, please con- VENILE JUSTICE PRACTICES. other related security equipment and tech- tact Sara Tucker at (202) 224–6224, Dan The Administrator shall award a grant to a nologies, that are designed to prevent tar- Adamson at (202) 224–2871, or Lauren geted firearms violence against students and nonprofit organization with a national rep- Goldschmidt at (202) 224–5488. utation for expertise in operating or evalu- school personnel; and’’. ating effective, evidence-based practices re- f lated to juvenile delinquency and criminal f street gang activity prevention or interven- NOTICES OF HEARINGS tion to develop a National Research Center SUBCOMMITTEE ON PUBLIC LANDS, FORESTS, AUTHORITY FOR COMMITTEES TO for Proven Juvenile Justice Practices. Such AND MINING MEET Center shall— Mr. WYDEN. Mr. President, I would (1) collaborate with institutions of higher like to announce for the information of COMMITTEE ON ARMED SERVICES education as regional partners to create a the Senate and the public of an addi- Mr. BLUMENTHAL. Mr. President, I best practices juvenile justice information- tion to a previously announced hearing ask unanimous consent that the Com- sharing network to support the programs mittee on Armed Services be author- and activities carried out with grants under before Subcommittee on Public Lands, subtitle B; Forests, and Mining of the Committee ized to meet during the session of the (2) collect, and disseminate to PROMISE on Energy and Natural Resources. Senate on April 18, 2013, at 10 a.m. Coordinating Councils, research and other The hearing will be held on Thurs- The PRESIDING OFFICER. Without information about evidence-based and prom- day, April 25, 2013, at 2:30 p.m., in room objection, it is so ordered.

VerDate Mar 15 2010 02:48 Apr 19, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A18AP6.042 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 18, 2013 CONGRESSIONAL RECORD — SENATE S2815 COMMITTEE ON BANKING, HOUSING, AND URBAN 226 of the Dirksen Senate Office Build- grade indicated while assigned to a position AFFAIRS ing, to conduct executive business of importance and responsibility under title Mr. BLUMENTHAL. Mr. President, I meeting. 10, U.S.C., section 601: ask unanimous consent that the Com- The PRESIDING OFFICER. Without To be lieutenant general mittee on Banking, Housing, and objection, it is so ordered. Maj. Gen. James M. Holmes Urban Affairs be authorized to meet SELECT COMMITTEE ON INTELLIGENCE The following named officer for appoint- during the session of the Senate on Mr. BLUMENTHAL. Mr. President, I ment in the United States Air Force to the April 18, 2013, at 10 a.m., to conduct a ask unanimous consent that the Com- grade indicated under title 10, U.S.C., section hearing entitled ‘‘Oversight of Federal mittee on Intelligence be authorized to 601: Housing Finance Agency: Evaluating meet during the session of the Senate, To be lieutenant general FHFA as Regulator and Conservator.’’ on April 18, 2013, at 2:30 p.m. Maj. Gen. Michelle D. Johnson The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without The following named officer for appoint- objection, it is so ordered. objection, it is so ordered. ment in the United States Air Force to the COMMITTEE ON ENERGY AND NATURAL SUBCOMMITTEE ON EMERGING THREATS AND grade indicated while assigned to a position RESOURCES CAPABILITIES of importance and responsibility under title Mr. BLUMENTHAL. Mr. President, I Mr. BLUMENTHAL. Mr. President, I 10, U.S.C., section 601: ask unanimous consent that the Com- ask unanimous consent that the Com- To be general mittee on Energy and Natural Re- mittee on Emerging Threats and Capa- Gen. Philip M. Breedlove sources be authorized to meet during bilities of the Committee on Armed The following named officer for appoint- the session of the Senate on April 18, Services be authorized to meet during ment in the United States Air Force to the 2013, at 9:45 a.m., in room 366 of the the session of the Senate, April 18, 2013, grade indicated while assigned to a position Dirksen Senate Office Building. at 2:30 p.m. of importance and responsibility under title 10, U.S.C., section 601: The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. To be lieutenant general Maj. Gen. Mark O. Schissler COMMITTEE ON ENERGY AND NATURAL f RESOURCES The following named officer for appoint- EXECUTIVE SESSION Mr. BLUMENTHAL. Mr. President, I ment in the United States Air Force to the grade indicated while assigned to a position ask unanimous consent that the Com- of importance and responsibility under title mittee on Energy and Natural Re- EXECUTIVE CALENDAR 10, U.S.C., section 601: sources be authorized to meet during Mr. SCHUMER. Mr. President, I ask To be lieutenant general the session of the Senate on April 18, unanimous consent that the Senate Maj. Gen. Robert P. Otto 2013, at 10 a.m. in room SD–366 of the proceed to executive session to con- Dirksen Senate Office Building. The following named officer for appoint- sider the following nominations: Cal- ment in the United States Air Force to the The PRESIDING OFFICER. Without endar Nos. 52, 54, 65, 66, 67, 68, 69, 71, 72, grade indicated under title 10, U.S.C., section objection, it is so ordered. 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 624: COMMITTEE ON ENVIRONMENT AND PUBLIC 85, 86, 87, and 88, and all nominations To be major general WORKS placed on the Secretary’s desk in the Brig. Gen. Scott W. Jansson Mr. BLUMENTHAL. Mr. President, I Air Force, Army, Foreign Service, Ma- IN THE ARMY ask unanimous consent that the Com- rine Corps, and Navy; that the nomina- mittee on Environment and Public The following named officer for appoint- tions be confirmed en bloc, the motions ment in the United States Army to the grade Works be authorized to meet during to reconsider be made and laid upon indicated under title 10, U.S.C., sections 624 the session of the Senate on April 18, the table, with no intervening action and 3064: 2013. or debate; that no further motions be To be brigadier general The PRESIDING OFFICER. Without in order to any of the nominations; Col. Erik C. Peterson objection, it is so ordered. that the President be immediately no- The following named officer for appoint- COMMITTEE ON FOREIGN RELATIONS tified of the Senate’s action, and the ment in the Reserve of the Army to the Mr. BLUMENTHAL. Mr. President, I Senate then resume legislative session. grade indicated under title 10, U.S.C., section ask unanimous consent that the Com- The PRESIDING OFFICER. Without 12203: mittee on Foreign Relations be author- objection, it is so ordered. To be brigadier general ized to meet during the session of the The nominations considered and con- Col. Brently F. White Senate on April 18, 2013, at 9:30 a.m., to firmed are as follows: The following named officer for appoint- hold a hearing entitled, ‘‘National Se- DEPARTMENT OF DEFENSE ment in the Reserve of the Army to the curity and Foreign Policy Priorities in Frederick Vollrath, of Virginia, to be an grade indicated under title 10, U.S.C., section the FY 2014 International Affairs Budg- Assistant Secretary of Defense. 12203: et.’’ Eric K. Fanning, of the District of Colum- To be brigadier general bia, to be Under Secretary of the Air Force. The PRESIDING OFFICER. Without Col. Christie L. Nixon IN THE AIR FORCE objection, it is so ordered. The following named officers for appoint- COMMITTEE ON HEALTH, EDUCATION, LABOR, The following named officer for appoint- ment in the United States Army to the grade AND PENSIONS ment in the United States Air Force to the indicated under title 10, U.S.C., section 624: Mr. BLUMENTHAL. Mr. President, I grade indicated while assigned to a position of importance and responsibility under title To be major general ask unanimous consent that the Com- 10, U.S.C., section 601: Brigadier General Jeffrey L. Bannister mittee on Health, Education, Labor, To be lieutenant general Brigadier General Scott D. Berrier and Pensions be authorized to meet, Brigadier General Gwendolyn Bingham Lt. Gen. John W. Hesterman, III during the session of the Senate, to Brigadier General Joseph A. Brendler conduct a hearing entitled ‘‘Hearing The following named officer for appoint- Brigadier General Clarence K. K. Chinn ment in the United States Air Force to the Brigadier General Edward F. Dorman, III for Secretary of Labor-Designate grade indicated under title 10, U.S.C., section Thomas E. Perez’’ on April 18, 2013, at Brigadier General Terry R. Ferrell 624: Brigadier General George J. Franz, III 10 a.m., in room 430 of the Dirksen Sen- To be brigadier general Brigadier General Christopher K. Haas ate Office Building. Col. Richard M. Murphy Brigadier General Thomas A. Horlander The PRESIDING OFFICER. Without The following named officer for appoint- Brigadier General Thomas S. James, Jr. objection, it is so ordered. ment in the United States Air Force to the Brigadier General Ole A. Knudson COMMITTEE ON THE JUDICIARY grade indicated under title 10, U.S.C., section Brigadier General Jonathan A. Maddux Mr. BLUMENTHAL. Mr. President, I 8069: Brigadier General Theodore D. Martin Brigadier General Kevin G. O’Connell ask unanimous consent that the Com- To be major general Brigadier General Barrye L. Price mittee on the Judiciary be authorized Colonel Dorothy A. Hogg Brigadier General James M. Richardson to meet during the session of the Sen- The following named officer for appoint- Brigadier General Martin P. Schweitzer ate, on April 18, 2013, at 10 a.m., in SC– ment in the United States Air Force to the Brigadier General Richard L. Stevens

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Brigadier General Stephen M. Twitty NOMINATIONS PLACED ON THE SECRETARY’S PN281 ARMY nomination of Andrew W. Brigadier General Peter D. Utley DESK Beach, which was received by the Senate and Brigadier General Gary J. Volesky IN THE AIR FORCE appeared in the Congressional Record of Brigadier General Darryl A. Williams PN279 AIR FORCE nomination of Lou Rose April 9, 2013. Brigadier General Michael E. Williamson Malamug, which was received by the Senate PN282 ARMY nomination of Donald V. The following named officer for appoint- and appeared in the Congressional Record of Wood, which was received by the Senate and ment in the United States Army to the grade April 9, 2013. appeared in the Congressional Record of indicated while assigned to a position of im- PN280 AIR FORCE nomination of Kelly A. April 9, 2013. portance and responsibility under title 10, Halligan, which was received by the Senate PN310 ARMY nomination of Suzanne C. U.S.C., section 601: and appeared in the Congressional Record of Nielsen, which was received by the Senate and appeared in the Congressional Record of To be general April 9, 2013. PN300 AIR FORCE nominations (3) begin- April 11, 2013. Lt. Gen. Daniel B. Allyn ning CHRISTOPHER E. CURTIS, and ending PN311 ARMY nomination of Ann M. The following named officer for appoint- JOSEPH P. TOMSIC, which nominations Rudick, which was received by the Senate ment in the United States Army to the grade were received by the Senate and appeared in and appeared in the Congressional Record of indicated while assigned to a position of im- the Congressional Record of April 11, 2013. April 11, 2013. portance and responsibility under title 10, PN301 AIR FORCE nominations (4) begin- PN312 ARMY nomination of Matthew P. U.S.C., section 601: ning TIMOTHY A. BUTLER, and ending Weberg, which was received by the Senate To be lieutenant general GARY J. ZICCARDI, which nominations and appeared in the Congressional Record of April 11, 2013. Lt. Gen. James L. Terry were received by the Senate and appeared in the Congressional Record of April 11, 2013. PN313 ARMY nomination of Grady L. Gen- The following named officer for appoint- PN302 AIR FORCE nominations (9) begin- try, which was received by the Senate and ment in the United States Army to the grade ning JOHN T. GRIVAKIS, and ending appeared in the Congressional Record of indicated while assigned to a position of im- SARAH K. TOBIN, which nominations were April 11, 2013. portance and responsibility under title 10, received by the Senate and appeared in the IN THE FOREIGN SERVICE U.S.C., section 601: Congressional Record of April 11, 2013. PN177 FOREIGN SERVICE nominations (5) To be lieutenant general PN303 AIR FORCE nominations (11) begin- beginning Margaret A. Hanson-Muse, and Maj. Gen. Perry L. Wiggins ning DANNY L. BLAKE, and ending AN- ending Sarah E. Kemp, which nominations DREA C. VINYARD, which nominations were IN THE MARINE CORPS were received by the Senate and appeared in received by the Senate and appeared in the The following named officer for appoint- the Congressional Record of February 27, Congressional Record of April 11, 2013. 2013. ment to the grade of lieutenant general in PN304 AIR FORCE nominations (14) begin- IN THE MARINE CORPS the United States Marine Corps while as- ning RICHARD G. ANDERSON, and ending signed to a position of importance and re- MARK J. ROBERTS, which nominations PN112 MARINE CORPS nominations (98) sponsibility under title 10, U.S.C., section were received by the Senate and appeared in beginning CHRISTOPHER C. ABRAMS, and 601: the Congressional Record of April 11, 2013. ending JOSEPH J. ZARBA, JR., which nomi- To be lieutenant general PN305 AIR FORCE nominations (17) begin- nations were received by the Senate and ap- peared in the Congressional Record of Janu- Lt. Gen. John E. Wissler ning JEFFERY R. ALDER, and ending KEVIN L. WRIGHT, which nominations were ary 23, 2013. The following named officer for appoint- received by the Senate and appeared in the PN187 MARINE CORPS nominations (57) ment to the grade of lieutenant general in Congressional Record of April 11, 2013. beginning TIMOTHY L. ADAMS, and ending the United States Marine Corps while as- PN306 AIR FORCE nominations (20) begin- JAMES R. WILLSEA, which nominations signed to a position of importance and re- ning RONNELLE ARMSTRONG, and ending were received by the Senate and appeared in sponsibility under title 10, U.S.C., section CHAD W. ZIELINSKI, which nominations the Congressional Record of February 27, 601: were received by the Senate and appeared in 2013. To be lieutenant general the Congressional Record of April 11, 2013. IN THE NAVY Maj. Gen. Ronald L. Bailey PN307 AIR FORCE nominations (51) begin- PN229 NAVY nomination of Joseph R. The following named officer for appoint- ning MAIYA D. ANDERSON, and ending Primeaux, Jr., which was received by the ment to the grade of lieutenant general in JEFFREY L. WISNESKI, which nominations Senate and appeared in the Congressional the United States Marine Corps while as- were received by the Senate and appeared in Record of March 19, 2013. signed to a position of importance and re- the Congressional Record of April 11, 2013. PN232 NAVY nomination of Gary S. Phil- sponsibility under title 10, U.S.C., section PN308 AIR FORCE nominations (126) begin- lips, which was received by the Senate and 601: ning MATTHEW G. ADKINS, and ending appeared in the Congressional Record of NORMAN DALE ZELLERS, which nomina- To be lieutenant general March 19, 2013. tions were received by the Senate and ap- PN233 NAVY nomination of Genevieve Lt. Gen. Steven A. Hummer peared in the Congressional Record of April Buenaflor, which was received by the Senate The following named officer for appoint- 11, 2013. and appeared in the Congressional Record of ment to the grade of lieutenant general in IN THE ARMY March 19, 2013. the United States Marine Corps while as- PN220 ARMY nomination of Jonathan F. PN234 NAVY nomination of Freddie R. signed to a position of importance and re- Potter, which was received by the Senate Harmon, which was received by the Senate sponsibility under title 10, U.S.C., section and appeared in the Congressional Record of and appeared in the Congressional Record of 601: March 19, 2013. March 19, 2013. To be lieutenant general PN221 ARMY nominations (2) beginning PN235 NAVY nomination of Catherine W. Lt. Gen. Kenneth J. Glueck, Jr. HILARIO A. PASCUA, and ending GERARDO Boehme, which was received by the Senate C. RIVERA which nominations were received and appeared in the Congressional Record of The following named officer for appoint- by the Senate and appeared in the Congres- March 19, 2013. ment as Commander, Marine Forces Reserve, sional Record of March, 19, 2013. PN236 NAVY nominations (2) beginning and appointment to the grade indicated in PN222 ARMY nominations (2) beginning TODD W. MILLS, and ending MARVIN W. the United States Marine Corps while as- JAMES D. PEAKE, and ending ALI K. WHITING, which nominations were received signed to a position of importance and re- SONMEZ, which nominations were received by the Senate and appeared in the Congres- sponsibility under title 10, U.S.C., sections by the Senate and appeared in the Congres- sional Record of March 19, 2013. 601 and 5144: sional Record of March 19, 2013. PN285 NAVY nomination of Richard J. To be lieutenant general PN223 ARMY nominations (6) beginning Witt, which was received by the Senate and Lt. Gen. Richard P. Mills JOHN D. PITCHER, and ending DEREK A. appeared in the Congressional Record of WOESSNER, which nominations were re- April 9, 2013. IN THE NAVY ceived by the Senate and appeared in the PN316 NAVY nomination of Oleh Haluszka, The following named officer for appoint- Congressional Record of March 19, 2013. which was received by the Senate and ap- ment in the United States Navy to the grade PN224 ARMY nominations (6) beginning peared in the Congressional Record of April indicated under title 10, U.S.C., section 624: MARK L. ALLISON, and ending JOSEPH J. 11, 2013. To be rear admiral (lower half) STREFF, which nominations were received PN317 NAVY nominations (3) beginning Capt. Bret J. Muilenburg by the Senate and appeared in the Congres- STEPHEN S. CHO, and ending JAMES W. sional Record of March 19, 2013. WINDE, which nominations were received by The following named officer for appoint- PN225 ARMY nominations (7) beginning the Senate and appeared in the Congres- ment in the United States Navy to the grade PHILLIP E. APPLETON, and ending ERIC C. sional Record of April 11, 2013. indicated under title 10, U.S.C., section 624: RIVERS, which nominations were received PN318 NAVY nominations (48) beginning To be rear admiral (lower half) by the Senate and appeared in the Congres- TIMOTHY R. ANDERSON, and ending AN- Capt. Adrian J. Jansen sional Record of March 19, 2013. DREW J. WOOLLEY, which nominations

VerDate Mar 15 2010 01:32 Apr 19, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A18AP6.015 S18APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 18, 2013 CONGRESSIONAL RECORD — SENATE S2817 were received by the Senate and appeared in There being no objection, the Senate INTERNATIONAL MONETARY FUND the Congressional Record of April 11, 2013. proceeded to consider the resolution. BEN S. BERNANKE, OF NEW JERSEY, TO BE UNITED f Mr. REID. Mr. President, this resolu- STATES ALTERNATE GOVERNOR OF THE INTER- NATIONAL MONETARY FUND FOR A TERM OF FIVE UNANIMOUS CONSENT AGREE- tion concerns a pro se civil action filed YEARS. (REAPPOINTMENT) in Kentucky federal district court MENT—EXECUTIVE CALENDAR DEPARTMENT OF STATE against Senator MCCONNELL, Vice AVRIL D. HAINES, OF NEW YORK, TO BE LEGAL AD- Mr. SCHUMER. Mr. President, I ask President BIDEN, and Senate Sergeant VISER OF THE DEPARTMENT OF STATE, VICE HAROLD unanimous consent that at a time to be at Arms Gainer. Plaintiff claims that HONGJU KOH, RESIGNED. determined by the majority leader in the Senate cloture rule is unconstitu- SOCIAL SECURITY ADMINISTRATION consultation with Republican leader, tional. HENRY J. AARON, OF THE DISTRICT OF COLUMBIA, TO the Senate proceed to executive session This lawsuit, like previous suits chal- BE A MEMBER OF THE SOCIAL SECURITY ADVISORY BOARD FOR A TERM EXPIRING SEPTEMBER 30, 2014, VICE to consider Calendar No. 60; that there lenging the cloture rule, is subject to JEFFREY ROBERT BROWN, TERM EXPIRED. be 30 minutes for debate equally di- jurisdictional defenses requiring dis- HENRY J. AARON, OF THE DISTRICT OF COLUMBIA, TO BE A MEMBER OF THE SOCIAL SECURITY ADVISORY vided in the usual form; that upon the missal. This resolution would authorize BOARD FOR A TERM EXPIRING SEPTEMBER 30, 2020. (RE- use or yielding back of the time the the Senate Legal Counsel to represent APPOINTMENT) Senate proceed to vote, without inter- Senator MCCONNELL, Vice President NATIONAL CONSUMER COOPERATIVE BANK vening action or debate on the nomina- BIDEN, and Sergeant at Arms Gainer to ANDREA LEVERE, OF MARYLAND, TO BE A MEMBER OF tion; the motion to reconsider be con- seek dismissal of this suit. THE BOARD OF DIRECTORS OF THE NATIONAL CON- SUMER COOPERATIVE BANK FOR A TERM OF THREE sidered made and laid upon the table, Mr. SCHUMER. I ask unanimous con- YEARS, VICE NGUYEN VAN HANH, TERM EXPIRED. sent the resolution be agreed to, the with no intervening action or debate; LEGAL SERVICES CORPORATION preamble be agreed to, and the motions that no further motions be in order to GLORIA VALENCIA–WEBER, OF NEW MEXICO, TO BE A the nomination; that any statements to reconsider be laid upon the table, MEMBER OF THE BOARD OF DIRECTORS OF THE LEGAL related to the nomination be printed in with no intervening action or debate. SERVICES CORPORATION FOR A TERM EXPIRING JULY 13, The PRESIDING OFFICER. Without 2014. (REAPPOINTMENT) the RECORD; that the President be im- IN THE ARMY mediately notified of the Senate’s ac- objection, it is so ordered. The resolution (S. Res. 103) was THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR tion, and the Senate then resume legis- APPOINTMENT TO THE GRADE INDICATED IN THE agreed to. UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, lative session. The preamble was agreed to. The PRESIDING OFFICER. Without U.S.C., SECTION 532: (The resolution, with its preamble, is To be major objection, it is so ordered. printed in today’s RECORD under ‘‘Sub- MICHAEL B. MOORE f mitted Resolutions.’’) f DISTRICT OF COLUMBIA CHIEF FI- f CONFIRMATIONS NANCIAL OFFICER VACANCY ACT ORDERS FOR MONDAY, APRIL 22, Mr. SCHUMER. I ask unanimous con- 2013 Executive nominations confirmed by the Senate April 18, 2013: sent that the Senate proceed to the Mr. SCHUMER. Mr. President, I ask consideration of H.R. 1246, which was unanimous consent that when the Sen- THE JUDICIARY received from the House and is at the ate completes its business today, it ad- ANALISA TORRES, OF NEW YORK, TO BE UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT desk. journ until 2 p.m. on Monday, April 22, OF NEW YORK. The PRESIDING OFFICER. The 2013; that following the prayer and DERRICK KAHALA WATSON, OF HAWAII, TO BE UNITED clerk will report the bill by title. pledge, the morning hour be deemed STATES DISTRICT JUDGE FOR THE DISTRICT OF HAWAII. The assistant legislative clerk read expired, the Journal of proceedings be DEPARTMENT OF DEFENSE as follows: approved to date, and the time for the FREDERICK VOLLRATH, OF VIRGINIA, TO BE AN AS- SISTANT SECRETARY OF DEFENSE. A bill (H.R. 1246) to amend the District of two leaders be reserved for their use ERIC K. FANNING, OF THE DISTRICT OF COLUMBIA, TO Columbia Home Rule Act to provide that the later in the day; that following any BE UNDER SECRETARY OF THE AIR FORCE. District of Columbia Treasurer or one of the leader remarks, the Senate proceed to IN THE AIR FORCE Deputy Chief Financial Officers of the Office a period of morning business until 5:30 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT of the Chief Financial Officer of the District p.m., with Senators permitted to speak IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- of Columbia may perform the functions and CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE duties of the Office in an acting capacity if therein for up to 10 minutes each; fur- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: there is a vacancy in the Office. ther, at 5:30 p.m., the Senate resume To be lieutenant general There being no objection, the Senate consideration of the motion to proceed to calendar No. 41, S. 743, and imme- LT. GEN. JOHN W. HESTERMAN III proceeded to consider the bill. diately proceed to the cloture vote on THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Mr. SCHUMER. Mr. President, I ask IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- the motion to proceed. unanimous consent the bill be read CATED UNDER TITLE 10, U.S.C., SECTION 624: The PRESIDING OFFICER. Without To be brigadier general three times and passed, the motion to objection, it is so ordered. reconsider be laid upon the table, with COL. RICHARD M. MURPHY no intervening action or debate. f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- The PRESIDING OFFICER. Without PROGRAM CATED UNDER TITLE 10, U.S.C., SECTION 8069: objection, it is so ordered. Mr. SCHUMER. Mr. President, at 5:30 To be major general The bill (H.R. 1246) was ordered to a p.m. on Monday, there will be a cloture COLONEL DOROTHY A. HOGG third reading, was read the third time, vote on the motion to proceed to the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT and passed. Marketplace Fairness Act. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE f f AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AUTHORIZING SENATE LEGAL ADJOURNMENT UNTIL MONDAY, To be lieutenant general COUNSEL REPRESENTATION APRIL 22, 2013, AT 2 P.M. MAJ. GEN. JAMES M. HOLMES Mr. SCHUMER. Mr. President, I ask Mr. SCHUMER. Mr. President, if THE FOLLOWING NAMED OFFICER FOR APPOINTMENT unanimous consent the Senate proceed there is no further business to come be- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED UNDER TITLE 10, U.S.C., SECTION 601: to the consideration of S. Res. 103, fore the Senate, I ask unanimous con- which was submitted earlier today. sent that it adjourn under the previous To be lieutenant general The PRESIDING OFFICER. The order. MAJ. GEN. MICHELLE D. JOHNSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT clerk will report the resolution by There being no objection, the Senate, IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- title. at 5:50 p.m., adjourned until Monday, CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION The assistant legislative clerk read April 22, 2013 at 2 p.m. 601: as follows: f To be general A resolution (S. Res. 103) to authorize rep- NOMINATIONS GEN. PHILIP M. BREEDLOVE resentation by Senate Legal Counsel in the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT case of Steve Schonberg v. Senator Mitch Executive nominations received by IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- McConnell, et al. the Senate: CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE

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AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION UNITED STATES MARINE CORPS WHILE ASSIGNED TO A WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 601: POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER AND APPEARED IN THE CONGRESSIONAL RECORD ON To be lieutenant general TITLE 10, U.S.C., SECTION 601: APRIL 11, 2013. To be lieutenant general AIR FORCE NOMINATIONS BEGINNING WITH MATTHEW MAJ. GEN. MARK O. SCHISSLER G. ADKINS AND ENDING WITH NORMAN DALE ZELLERS, LT. GEN. JOHN E. WISSLER WHICH NOMINATIONS WERE RECEIVED BY THE SENATE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AND APPEARED IN THE CONGRESSIONAL RECORD ON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- APRIL 11, 2013. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE TO THE GRADE OF LIEUTENANT GENERAL IN THE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION UNITED STATES MARINE CORPS WHILE ASSIGNED TO A IN THE ARMY 601: POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be lieutenant general ARMY NOMINATION OF JONATHAN F. POTTER, TO BE To be lieutenant general LIEUTENANT COLONEL. MAJ. GEN. ROBERT P. OTTO ARMY NOMINATIONS BEGINNING WITH HILARIO A. MAJ. GEN. RONALD L. BAILEY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PASCUA AND ENDING WITH GERARDO C. RIVERA, WHICH IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CATED UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE OF LIEUTENANT GENERAL IN THE PEARED IN THE CONGRESSIONAL RECORD ON MARCH 19, UNITED STATES MARINE CORPS WHILE ASSIGNED TO A 2013. To be major general POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER ARMY NOMINATIONS BEGINNING WITH JAMES D. TITLE 10, U.S.C., SECTION 601: PEAKE AND ENDING WITH ALI K. SONMEZ, WHICH NOMI- BRIG. GEN. SCOTT W. JANSSON To be lieutenant general NATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE ARMY PEARED IN THE CONGRESSIONAL RECORD ON MARCH 19, LT. GEN. STEVEN A. HUMMER 2013. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATIONS BEGINNING WITH JOHN D. PITCH- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED ER AND ENDING WITH DEREK A. WOESSNER, WHICH TO THE GRADE OF LIEUTENANT GENERAL IN THE UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- UNITED STATES MARINE CORPS WHILE ASSIGNED TO A PEARED IN THE CONGRESSIONAL RECORD ON MARCH 19, POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER To be brigadier general 2013. TITLE 10, U.S.C., SECTION 601: COL. ERIK C. PETERSON ARMY NOMINATIONS BEGINNING WITH MARK L. ALLI- To be lieutenant general SON AND ENDING WITH JOSEPH J. STREFF, WHICH NOMI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE RESERVE OF THE ARMY TO THE GRADE INDI- LT. GEN. KENNETH J. GLUECK, JR. PEARED IN THE CONGRESSIONAL RECORD ON MARCH 19, CATED UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 2013. To be brigadier general AS COMMANDER, MARINE FORCES RESERVE, AND AP- ARMY NOMINATIONS BEGINNING WITH PHILLIP E. AP- POINTMENT TO THE GRADE INDICATED IN THE UNITED PLETON AND ENDING WITH ERIC C. RIVERS, WHICH NOMI- COL. BRENTLY F. WHITE STATES MARINE CORPS WHILE ASSIGNED TO A POSITION NATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, PEARED IN THE CONGRESSIONAL RECORD ON MARCH 19, IN THE RESERVE OF THE ARMY TO THE GRADE INDI- U.S.C., SECTIONS 601 AND 5144: 2013. CATED UNDER TITLE 10, U.S.C., SECTION 12203: ARMY NOMINATION OF ANDREW W. BEACH, TO BE To be lieutenant general MAJOR. To be brigadier general LT. GEN. RICHARD P. MILLS ARMY NOMINATION OF DONALD V. WOOD, TO BE MAJOR. COL. CHRISTIE L. NIXON IN THE NAVY ARMY NOMINATION OF SUZANNE C. NIELSEN, TO BE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED ARMY NOMINATION OF ANN M. RUDICK, TO BE MAJOR. IN THE UNITED STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: ARMY NOMINATION OF MATTHEW P. WEBERG, TO BE UNDER TITLE 10, U.S.C., SECTION 624: To be major general MAJOR. To be rear admiral (lower half) ARMY NOMINATION OF GRADY L. GENTRY, TO BE BRIGADIER GENERAL JEFFREY L. BANNISTER MAJOR. CAPT. BRET J. MUILENBURG BRIGADIER GENERAL SCOTT D. BERRIER BRIGADIER GENERAL GWENDOLYN BINGHAM THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE MARINE CORPS BRIGADIER GENERAL JOSEPH A. BRENDLER IN THE UNITED STATES NAVY TO THE GRADE INDICATED BRIGADIER GENERAL CLARENCE K. K. CHINN UNDER TITLE 10, U.S.C., SECTION 624: MARINE CORPS NOMINATIONS BEGINNING WITH CHRIS- TOPHER C. ABRAMS AND ENDING WITH JOSEPH J. ZARBA, BRIGADIER GENERAL EDWARD F. DORMAN III To be rear admiral (lower half) BRIGADIER GENERAL TERRY R. FERRELL JR., WHICH NOMINATIONS WERE RECEIVED BY THE SEN- BRIGADIER GENERAL GEORGE J. FRANZ III CAPT. ADRIAN J. JANSEN ATE AND APPEARED IN THE CONGRESSIONAL RECORD BRIGADIER GENERAL CHRISTOPHER K. HAAS ON JANUARY 23, 2013. IN THE AIR FORCE BRIGADIER GENERAL THOMAS A. HORLANDER MARINE CORPS NOMINATIONS BEGINNING WITH TIM- BRIGADIER GENERAL THOMAS S. JAMES, JR. OTHY L. ADAMS AND ENDING WITH JAMES R. WILLSEA, AIR FORCE NOMINATION OF LOU ROSE MALAMUG, TO WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BRIGADIER GENERAL OLE A. KNUDSON BE MAJOR. BRIGADIER GENERAL JONATHAN A. MADDUX AND APPEARED IN THE CONGRESSIONAL RECORD ON AIR FORCE NOMINATION OF KELLY A. HALLIGAN, TO BE FEBRUARY 27, 2013. BRIGADIER GENERAL THEODORE D. MARTIN MAJOR. BRIGADIER GENERAL KEVIN G. O’CONNELL AIR FORCE NOMINATIONS BEGINNING WITH CHRIS- IN THE NAVY BRIGADIER GENERAL BARRYE L. PRICE TOPHER E. CURTIS AND ENDING WITH JOSEPH P. TOMSIC, BRIGADIER GENERAL JAMES M. RICHARDSON WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NAVY NOMINATION OF JOSEPH R. PRIMEAUX, JR., TO BRIGADIER GENERAL MARTIN P. SCHWEITZER AND APPEARED IN THE CONGRESSIONAL RECORD ON BE COMMANDER. BRIGADIER GENERAL RICHARD L. STEVENS APRIL 11, 2013. NAVY NOMINATION OF GARY S. PHILLIPS, TO BE CAP- BRIGADIER GENERAL STEPHEN M. TWITTY AIR FORCE NOMINATIONS BEGINNING WITH TIMOTHY TAIN. BRIGADIER GENERAL PETER D. UTLEY A. BUTLER AND ENDING WITH GARY J. ZICCARDI, WHICH NAVY NOMINATION OF GENEVIEVE BUENAFLOR, TO BE BRIGADIER GENERAL GARY J. VOLESKY NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- LIEUTENANT COMMANDER. BRIGADIER GENERAL DARRYL A. WILLIAMS PEARED IN THE CONGRESSIONAL RECORD ON APRIL 11, NAVY NOMINATION OF FREDDIE R. HARMON, TO BE BRIGADIER GENERAL MICHAEL E. WILLIAMSON 2013. LIEUTENANT COMMANDER. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING WITH JOHN T. NAVY NOMINATION OF CATHERINE W. BOEHME, TO BE IN THE UNITED STATES ARMY TO THE GRADE INDICATED GRIVAKIS AND ENDING WITH SARAH K. TOBIN, WHICH LIEUTENANT COMMANDER. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH TODD W. MILLS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: PEARED IN THE CONGRESSIONAL RECORD ON APRIL 11, AND ENDING WITH MARVIN W. WHITING, WHICH NOMINA- 2013. TIONS WERE RECEIVED BY THE SENATE AND APPEARED To be general AIR FORCE NOMINATIONS BEGINNING WITH DANNY L. IN THE CONGRESSIONAL RECORD ON MARCH 19, 2013. BLAKE AND ENDING WITH ANDREA C. VINYARD, WHICH LT. GEN. DANIEL B. ALLYN NAVY NOMINATION OF RICHARD J. WITT, TO BE LIEU- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TENANT COMMANDER. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON APRIL 11, NAVY NOMINATION OF OLEH HALUSZKA, TO BE CAP- IN THE UNITED STATES ARMY TO THE GRADE INDICATED 2013. TAIN. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AIR FORCE NOMINATIONS BEGINNING WITH RICHARD G. NAVY NOMINATIONS BEGINNING WITH STEPHEN S. CHO RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ANDERSON AND ENDING WITH MARK J. ROBERTS, WHICH AND ENDING WITH JAMES W. WINDE, WHICH NOMINA- To be lieutenant general NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TIONS WERE RECEIVED BY THE SENATE AND APPEARED PEARED IN THE CONGRESSIONAL RECORD ON APRIL 11, IN THE CONGRESSIONAL RECORD ON APRIL 11, 2013. LT. GEN. JAMES L. TERRY 2013. NAVY NOMINATIONS BEGINNING WITH TIMOTHY R. AN- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING WITH JEFFERY DERSON AND ENDING WITH ANDREW J. WOOLLEY, WHICH IN THE UNITED STATES ARMY TO THE GRADE INDICATED R. ALDER AND ENDING WITH KEVIN L. WRIGHT, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON APRIL 11, RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: PEARED IN THE CONGRESSIONAL RECORD ON APRIL 11, 2013. 2013. To be lieutenant general AIR FORCE NOMINATIONS BEGINNING WITH RONNELLE FOREIGN SERVICE ARMSTRONG AND ENDING WITH CHAD W. ZIELINSKI, MAJ. GEN. PERRY L. WIGGINS WHICH NOMINATIONS WERE RECEIVED BY THE SENATE FOREIGN SERVICE NOMINATIONS BEGINNING WITH IN THE MARINE CORPS AND APPEARED IN THE CONGRESSIONAL RECORD ON MARGARET A. HANSON-MUSE AND ENDING WITH SARAH APRIL 11, 2013. E. KEMP, WHICH NOMINATIONS WERE RECEIVED BY THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING WITH MAIYA D. SENATE AND APPEARED IN THE CONGRESSIONAL TO THE GRADE OF LIEUTENANT GENERAL IN THE ANDERSON AND ENDING WITH JEFFREY L. WISNESKI, RECORD ON FEBRUARY 27, 2013.

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