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, MONDAY, MARCH 4, 2013 No. 30 House of Representatives The House met at noon and was Republicans and Democrats alike Funds are very tight for families called to order by the Speaker pro tem- agree that each regulation the Federal across this country. Millions of Ameri- pore (Mr. MESSER). Government dictates should be delib- cans remain unemployed, and many f erative and economically defensible. more still rely on small businesses and That is why I’ve banded together with local governments for jobs, health care, DESIGNATION OF SPEAKER PRO Democrats LORETTA SANCHEZ, MIKE public safety, and education. Wash- TEMPORE MCINTYRE, and COLLIN PETERSON and ington should think carefully before it The SPEAKER pro tempore laid be- Republican JAMES LANKFORD to intro- decrees mandates that could siphon fore the House the following commu- duce H.R. 899, the Unfunded Mandates from the limited dollars governments nication from the Speaker: Information and Transparency Act. and private sector job creators use to This legislation will ensure a public WASHINGTON, DC, keep people employed and localities March 4, 2013. and bureaucratic awareness about the functioning. But as loopholes within I hereby appoint the Honorable LUKE cost, in dollars and in jobs, that Fed- the original UMRA legislation have re- MESSER to act as Speaker pro tempore on eral dictates pose to the economy and vealed, Federal mandates are not uni- this day. to local governments. versally preceded by thoughtfulness. JOHN A. BOEHNER, There is precedent for bipartisanship The Unfunded Mandates Information Speaker of the House of Representatives. on this issue. In 1995, Members from and Transparency Act we have intro- f both parties got behind, and President duced will require that from Clinton signed, the Unfunded Mandates government. MORNING-HOUR DEBATE Reform Act (UMRA), which sought to f The SPEAKER pro tempore. Pursu- expose Washington’s abuse of unfunded ant to the order of the House of Janu- Federal mandates. By forcing the Fed- DOING OUR BUSINESS ary 3, 2013, the Chair will now recog- eral Government to estimate how DIFFERENTLY nize Members from lists submitted by much its mandates would cost local The SPEAKER pro tempore. The the majority and minority leaders for governments and employers, regulation Chair recognizes the gentleman from would necessarily become better and morning-hour debate. Oregon (Mr. BLUMENAUER) for 5 min- more efficient for everyone involved. The Chair will alternate recognition utes. between the parties, with each party And it has, to a certain extent. But over the years, weaknesses in the Mr. BLUMENAUER. What’s so mad- limited to 1 hour and each Member dening about the sequester drama, just other than the majority and minority original legislation have been revealed, weaknesses that some government like the earlier fiscal cliff drama and leaders and the minority whip limited agencies and independent regulatory the looming government shutdown to 5 minutes each, but in no event shall bodies have exploited. The Unfunded drama, is that it is hopelessly beside debate continue beyond 1:50 p.m. Mandates Information and Trans- the point. f parency Act will correct these over- The path to fiscal sustainability is sights and put some weight behind not merely cutting budgets, raising tax UNFUNDED MANDATES INFORMA- rates, or closing a few loopholes. It is TION AND TRANSPARENCY ACT UMRA to ensure no government body, purposely or accidentally, skirts public about fundamentally doing business The SPEAKER pro tempore. The scrutiny when jobs and scarce re- differently. Chair recognizes the gentlewoman from sources are at stake. Health care costs demand that we ac- North Carolina (Ms. FOXX) for 5 min- The spirit of the Unfunded Mandates celerate health care reform, which utes. Information and Transparency Act and we’re already working on in Oregon Ms. FOXX. Mr. Speaker, every year its underlying principle, that the and in a number of other communities Washington imposes thousands of American people would be better and health care systems across the pages of rules and regulations on small served by a government that regulates country. These reforms, if put into ef- businesses and local governments only with the best information, is truly fect nationally, would save more in across this country. Hidden in those bipartisan. health care costs over the next 10 years pages are costly mandates that make it Lawmakers and unelected regulators than the entire $1.2 trillion sequester. harder for companies to hire and for should know the price of their dictates. Everybody is getting excited about cash-strapped States, counties, and cit- So, too, should the people, private en- across-the-board cuts in the Depart- ies to keep streets clean and parks terprises, and governments, all of ment of Defense, but no one is talking safe. whom are being asked to foot the bill. about how we fundamentally change

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

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VerDate Mar 15 2010 23:53 Mar 04, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A04MR7.000 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H820 CONGRESSIONAL RECORD — HOUSE March 4, 2013 our philosophy of military compensa- stop cheating the majority of farmers readily available at small neighbor- tion, benefits, and the size of the force and ranchers and the environment. hood convenience stores where fresh to come to grips with the cost of an all- This is not rocket science. We could produce and lower-fat food items are volunteer Army. start now if people address the big most limited. In rural areas, full-serv- Of course, at a minimum, we should issues in a thoughtful way. Even when ice grocery stores are many miles also dramatically reduce and shift re- some of the measures may be con- away. This is commonly referred to as sources away from the vast nuclear troversial or hard, it’s a whole lot bet- a food desert, something that can exist weapons stockpile and the three redun- ter than doing stupid things that alien- in both urban and rural areas; dant delivery systems which we ate everybody. Second, when healthy food is avail- haven’t used in 68 years and probably f able, it is oftentimes more expensive never will. We have 10 times more nu- than less healthy options. Low-income THE PARADOX OF HUNGER AND clear firepower than we need for deter- families must stretch their budgets in OBESITY rence. It is past time to scale down ways that make it difficult to purchase that archaic symbol of the Cold War The SPEAKER pro tempore. The higher priced, more nutritious food and save hundreds of billions of dollars Chair recognizes the gentleman from items. This means that these families at no risk to American security. Massachusetts (Mr. MCGOVERN) for 5 are forced to buy cheaper, high-calorie, It is time for Congress and the ad- minutes. high-fat, high-sodium food that lasts ministration to work meaningfully for Mr. MCGOVERN. Mr. Speaker, in our longer just so they can make their food agriculture reform to give more sup- efforts to end hunger now, it is impor- budgets stretch through the month; port for America’s farmers and ranch- tant to look at all aspects of hunger. Third, there are fewer opportunities ers at a fraction of the cost. We should Today, I want to talk about hunger and for physical activity in neighborhoods reform the outrageous, inefficient, and obesity and to highlight the unfortu- and schools. Safe open space can be dif- unproductive crop insurance program. nate paradox between these two condi- ficult to find in many of our neighbor- We should restore investments in nu- tions. hoods where lower income families trition, conservation, research, and How can an obese person also be food live, sometimes because of lack of marketing that will make a difference insecure? To put it bluntly, how can an parks and other times because of high- for most farmers and ranchers, improve overweight person be hungry? The er crime rates; Fourth, high levels of stress and lim- long-term productivity, and support question may be simple, but the answer ited access to health care can con- value-added agriculture. This saves is not. Unfortunately, this link is all too prevalent among millions of low- tribute to weight gain. Hunger is truly money in the long run and doesn’t dis- a health issue, and it is important to tort our trade position or make Ameri- and middle-income people. The simple truth is that hunger ex- note that stress and lack of access to cans unhealthy. quality health care can trigger physio- By all means, we must reform our ists because people do not have enough money to buy enough healthy food, but logical responses that contribute to Tax Code, but reform is not likely to obesity. raise anything near what a growing obesity is more complex. Just because someone has enough money to buy food Mr. Speaker, I remind people that and aging America is going to need. food is medicine. My grandmother used doesn’t mean they have the resources Yes, close more of the egregious loop- to say ‘‘an apple a day keeps the doctor to buy nutritious food. Ultimately, this holes, but we need another broad-based away.’’ It used to annoy me, but she is a problem of poverty in America. source of revenue. A carbon tax would was right. We missed an opportunity The families who struggle with hun- fit the bill, help reduce the deficit, and during the Affordable Care Act to ad- ger not only struggle to put food on help us protect the planet from in- dress the issues of hunger and nutri- their tables, they struggle to make the creasingly catastrophic weather events tion. We must do so now. and the budget-busting disaster relief food they can afford on a few dollars a Adequate access to good, nutritious that inevitably follows. day as nutritious as possible. For a va- foods can help lower the instances of We should, for the first time in 20 riety of reasons, even well-to-do fami- diabetes and heart disease. That will years, increase the gas tax, as rec- lies are finding it more difficult today improve the quality of life for people, ommended by the Simpson-Bowles re- to prepare nutritious meals. A big part but it will also save us money from port, a user fee that will help enable us has to do with the amount of widely avoidable health care issues. Hunger to provide more support for transpor- available, inexpensive, nonnutritious costs us dearly, and the cost to fix and tation, put more people to work re- food—high-calorie, high-fat, low-nutri- solve the problem is cheaper than the building and renewing America. ent food—and part of that has to do status quo. We might take a lesson from the his- with the time constraints on families So to all my colleagues who believe tory and our failed 14-year effort to today. that the only problem we face is the prohibit alcohol, where the government But it is even more difficult for low- budget deficit, I urge you to join us in spent a fortune in a fruitless effort to income, food-insecure families because this effort to end hunger now. It is fis- enforce prohibition, lost a fortune in they generally don’t have access to cally the right thing to do, and it is our revenue, and made a fortune for the full-service grocery stores. The local moral obligation. Mafia, the underworld cartels of the stores they do have access to, for the Hunger and obesity are two sides of 1920s, that haunts us to this day. most part, do not sell fresh produce, the same coin. Yes, we have excellent and the fresh produce they do sell is ex- antihunger safety net programs like b 1210 pensive. So in order to stretch their SNAP and the school meal programs We ought to treat marijuana like we food dollar, these families buy high- that help reduce incidences of hunger treat alcohol: the Federal Government calorie, low-nutrient food that is more in America; yes, the First Lady’s Let’s regulates and taxes while the States affordable. Move campaign is working to address decide what they want to do to legalize Obesity, like hunger, is often a func- obesity in America, primarily among for medical or recreational use. Given tion of poverty, and low-income fami- children; but we must do more to ad- what’s already happened in 23 States lies are especially vulnerable to obe- dress these two issues together. Be- and the District of Columbia, let’s save sity because of the additional risk fac- cause of all of these factors, it is clear money on enforcement, raise revenue tors associated with poverty. When that we simply cannot address hunger from taxation, and invest in drug taken together, these risk factors or obesity. We must address both of treatment and efforts to keep drugs make it easy to see how obesity and these issues at the same time if we are out of the hands of children. hunger are related. going to end hunger now. It is why I be- Let’s take a break from the endless There are at least four general risk lieve we need a White House conference debates that are basically beside the factors for obesity that are associated on food and nutrition, a Presidential point. Let’s commit to doing business with poverty: summit that brings all the stake- differently with health care, the mili- First, low-income neighborhoods are holders together, a forum where we can tary, enact broad-based taxes to both underserved by full-service super- develop and agree on one strategy to raise money and fix a broken Tax Code, markets. In inner cities, food is most reduce hunger and obesity together.

VerDate Mar 15 2010 23:53 Mar 04, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MR7.004 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 4, 2013 CONGRESSIONAL RECORD — HOUSE H821 In addition, I would plead with my MULLIN) come forward and lead the have our differences, we are more alike colleagues to not cut our antihunger House in the Pledge of Allegiance. than we are different. safety net programs like SNAP and Mr. MULLIN led the Pledge of Alle- In his address, Washington was not WIC, programs which provide a min- giance as follows: speaking to one party, but to all people imum food benefit. To do so would only I pledge allegiance to the Flag of the of the young Republic. If we don’t start worsen the problem of hunger and obe- United States of America, and to the Repub- putting this country first and partisan- sity in America. We must end hunger lic for which it stands, one nation under God, ship last, we are going to ruin the now, but we cannot do so just by in- indivisible, with liberty and justice for all. country our fathers founded. creasing access to high-calorie, low-nu- f It is no secret that we are facing dif- trient food. It is a real challenge, but ficult decisions, but I am committed to PRESIDENT’S SEQUESTER working with any Member of Congress it’s one that we are capable of meeting. CREATES RISKS We just need to muster the political regardless of party, as long as they’re will to make it happen. End hunger (Mr. WILSON of South Carolina willing to put country first. now. asked and was given permission to ad- f f dress the House for 1 minute and to re- ENHANCING THE HEALTH OF OUR vise and extend his remarks.) YOUTH RECESS Mr. WILSON of South Carolina. Mr. (Mr. HULTGREN asked and was The SPEAKER pro tempore. Pursu- Speaker, last Friday, our national se- given permission to address the House ant to clause 12(a) of rule I, the Chair curity was placed at risk when the for 1 minute.) declares the House in recess until 2 President’s sequester began implemen- Mr. HULTGREN. Mr. Speaker, a re- p.m. today. tation. Sadly, this nearly $600 billion port issued by the Centers for Disease Accordingly (at 12 o’clock and 16 budget cut was the third attack on our Control on February 13 made headlines minutes p.m.), the House stood in re- Nation’s military. In 2010, the Defense with the news that young adults ac- cess. Department experienced a $100 billion count for 50 percent of all STD infec- f budget cut. And again in January 2012, tions. President Obama removed $487 billion This caught my attention because, as b 1400 from our military in the annual budg- a father with two of my four kids in AFTER RECESS et. their late teens, I want them to avoid Maintaining a strong national de- The recess having expired, the House such risks. I am not alone. A recent na- fense is a primary function of the Fed- tional survey revealed that most par- was called to order by the Speaker pro eral Government. Removing these re- tempore (Mr. MEADOWS) at 2 p.m. ents feel the same way, regardless of sources so drastically places American race or political affiliation. They want f families and our allies, such as Israel, their children to have the best chance PRAYER at risk of future attacks. In fact, near- for optimal health and, so, support risk ly half of all of the reductions in spend- avoidance education, sometimes called The Chaplain, the Reverend Patrick ing are on the defense budget, which is J. Conroy, offered the following prayer: ‘‘abstinence education,’’ for their kids. only 18 percent of the entire Federal However, currently there is a trou- Dear Lord, we give You thanks for budget. giving us another day. bling 16 to 1 Federal funding disparity As a member of the House Armed between contraception-centered edu- At the beginning of a new workweek, Services Committee, I appreciate we use this moment to be reminded of cation and risk-avoidance education. Chairman BUCK MCKEON’s efforts that That is why I introduced H.R. 718, the Your presence and to tap the resources our national security not be sacrificed needed by the Members of this people’s Abstinence Education Reallocation to fight our Nation’s debt crisis. It is Act. The bill brings some parity to pro- House to do their work as well as it can my hope that the President and Senate be done. grams that give our kids the facts leadership will work with House Re- about contraception and avoiding risky May they be led by Your Spirit in the publicans to address our spending prob- decisions they make. May they possess behavior. lem by reducing wasteful spending and Mr. Speaker, our teens deserve the Your power as they steady themselves not by holding our national security best and most accurate information for amid the pressures of persistent prob- hostage. their optimal health. lems. In conclusion, God bless our troops, f May their faith in You deliver them and we will never forget September the from tensions that tear the House 11th in the global war on terrorism. SEQUESTRATION apart and from worries that might f (Ms. FOXX asked and was given per- wear them out. mission to address the House for 1 All this day, and through the week, PUT AMERICA FIRST minute.) may they do their best to find solu- (Mr. MULLIN asked and was given Ms. FOXX. Mr. Speaker, the Presi- tions to pressing issues facing our Na- permission to address the House for 1 dent is wrong to suggest taking more tion. Please hasten the day when jus- minute and to revise and extend his re- money away from the American people tice and love shall dwell in the hearts marks.) would ease the effects of his sequester of all peoples and rule the affairs of the Mr. MULLIN. Mr. Speaker, I come to or correct the debt crisis his policies nations of Earth. you today not as a Republican or a have exacerbated. May all that is done this day be for Democrat, but an American committed Despite high tax revenue, Wash- Your greater honor and glory. to the United States Constitution. I ington has been overspending by at Amen. regularly hear from my constituents least $1 trillion each year of the Obama f who are fed up with the bipartisan Presidency. When families run out of money, they do the smart thing—stop THE JOURNAL fighting. We pledge allegiance to the United States of America, not our po- spending so much. Washington has to The SPEAKER pro tempore. The litical parties. In President George do the same, but arbitrarily cutting Chair has examined the Journal of the Washington’s farewell address, he said: budgets through sequestration isn’t the last day’s proceedings and announces With slight shades of difference, you have best way. to the House his approval thereof. the same religion, manners, habits, and po- Twice since last summer, House Re- Pursuant to clause 1, rule I, the Jour- litical principles. You have, in a common publicans passed legislation to achieve nal stands approved. cause, fought and triumphed together. The the same savings while completely re- f independence and liberty you possess are the moving the indiscriminate threat of se- work of joint councils and joint efforts of questration. Our plans targeted waste PLEDGE OF ALLEGIANCE common dangers, sufferings, and successes. and limited government growth. The The SPEAKER pro tempore. Will the Washington was right. We are all President threatened to veto our pro- gentleman from Oklahoma (Mr. united by common bonds. Although we posals because they didn’t include

VerDate Mar 15 2010 23:53 Mar 04, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MR7.003 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H822 CONGRESSIONAL RECORD — HOUSE March 4, 2013 taxes, and the Senate never agreed on Itemized deductions are now going to HOUSE OF REPRESENTATIVES, a sequester alternative. be limited for people who itemize their Washington, DC, March 4, 2013. As the President’s sequester begins deductions. So who is affected by that? Hon. JOHN BOEHNER, to take effect, I will continue to advo- People with the highest medical ex- Speaker of the House, Washington, DC. cate for common sense: replacing the penses. DEAR SPEAKER BOEHNER: Pursuant to sec- arbitrary cuts with less wasteful spend- And then finally, the Medicare pay- tion 3166(b) of the National Defense Author- ing and reforms to debt-driving pro- roll tax hike. Might sound like a good ization Act for Fiscal Year 2013 (Public Law grams. idea. Medicare might need more 112–239), I am pleased to appoint former Rep. Ellen Tauscher of Washington, D.C. to the f money, but this money doesn’t go to Medicare. This money goes to fund new Congressional Advisory Panel on the Govern- SEQUESTER IN PERSPECTIVE programs. ance of the Nuclear Security Enterprise. Thank you for your attention to this ap- (Mr. MESSER asked and was given Look, 3 years ago we were all told, if pointment. permission to address the House for 1 you like what you have, you can keep Sincerely, minute and to revise and extend his re- it. If you like your insurance, you can NANCY PELOSI, marks.) keep it. If you like your doctor, you Democratic Leader. Mr. MESSER. Mr. Speaker, $85 bil- can keep him or her. f lion is a lot of money, yet it represents Turns out, what we should have been APPOINTMENT OF MEMBERS TO just 2 percent of the $3.6 trillion this hearing is, you’re going to pay a lot UNITED STATES GROUP OF THE Nation spends every year. more to get a lot less. NATO PARLIAMENTARY ASSEM- I hold in my hand two pennies, two BLY pennies to represent the 2 percent of f budget reductions we are asking for in The SPEAKER pro tempore (Mr. MEADOWS). The Chair announces the this $85 billion sequester. Does anybody HONORING THE CENTENNIAL OF Speaker’s appointment, pursuant to 22 in this country believe that our Fed- THE TOWN OF HAYESVILLE, U.S.C. 1928(a), and the order of the eral Government is so efficient and so NORTH CAROLINA effective that we cannot afford to trim House of January 3, 2013, of the fol- two pennies out of every dollar? (Mr. MEADOWS asked and was given lowing Members on the part of the Over the last 4 years, too many par- permission to address the House for 1 House to the United States Group of ents have had to come home and tell minute.) the NATO Parliamentary Assembly: their children they’re out of work, and Mr. MEADOWS. Mr. Speaker, I rise Mr. POE, Texas, Vice Chair too many young people have had to today in honor of the centennial of Mr. SHIMKUS, Illinois come home and tell their parents they Hayesville, a city nestled between the Mr. MILLER, Florida can’t find a job. We need leaders in this mountains and valleys of Clay County Mr. GUTHRIE, Kentucky Nation that will go to work for the in western North Carolina. Mr. MARINO, Pennsylvania Mr. COTTON, Arkansas people who live here and trim the two Located along an old trading route at cents off every dollar we need to re- the site of the former Cherokee town of f store a healthy economy and put folks Quanasee, Hayesville became a resting COMMUNICATION FROM THE back to work. place for many settlers in the early CLERK OF THE HOUSE 1800s during their westward expansion. f As the population in the area grew, The SPEAKER pro tempore laid be- b 1410 the need for local governance in- fore the House the following commu- creased, and in 1861, State representa- nication from the Clerk of the House of MEDICARE ADVANTAGE AND THE Representatives: AFFORDABLE CARE ACT tive George Hayes introduced legisla- tion establishing Clay County, and OFFICE OF THE CLERK, (Mr. BURGESS asked and was given Hayesville was named to recognize his HOUSE OF REPRESENTATIVES, Washington, DC, March 1, 2013. permission to address the House for 1 efforts. minute and to revise and extend his re- Hon. JOHN A. BOEHNER, As the county and community con- The Speaker, House of Representatives, Wash- marks.) tinued to grow, a county courthouse ington, DC. Mr. BURGESS. Mr. Speaker, the Af- and village square were established in DEAR MR. SPEAKER: Pursuant to the per- fordable Care Act was passed now al- the town, and in March of 1913, mission granted in Clause 2(h) of Rule II of most 3 years ago, and the Affordable Hayesville was officially recognized as the Rules of the U.S. House of Representa- Care Act was going to lower costs. And an incorporated town and the county tives, I have the honor to transmit a sealed why wouldn’t you like it? You get free seat of Clay County. envelope received from the White House on March 1, 2013, at 2:22 p.m., and said to con- stuff. Throughout the 1900s, Hayesville’s Well, how do you pay for that free tain a message from the President whereby importance to western North Carolina he notifies the Congress he has extended the stuff? only grew as it became a center of com- national emergency with respect to It turns out five new taxes were merce point between Franklin to the Zimbabwe. started on January of this year. What east, Murphy to the west, and commu- With best wishes, I am are they, and who do they affect? nities in Georgia to the south. Sincerely, Well, there’s a big tax on medical de- Hayesville continues to be an impor- KAREN L. HAAS, Clerk of the House. vices. Now everyone talks about want- tant representative of the small-town ing to encourage American investment, family values and our mountain cul- f encourage American manufacturing. ture so important to all of us in the CONTINUATION OF THE NATIONAL But with this tax we’re encouraging western part of the State. EMERGENCY WITH RESPECT TO manufacturers to go offshore. I’m proud to represent such a strong THE SITUATION IN ZIMBABWE— Flexible spending accounts are now community, and it is with great honor MESSAGE FROM THE PRESIDENT limited. Who’s affected by flexible I recognize the centennial of OF THE UNITED STATES (H. DOC. spending accounts? Well, people with Hayesville, North Carolina. NO. 113–14) predictable recurrent medical expenses The SPEAKER pro tempore laid be- who might want to set some of those f dollars aside and pay for them with fore the House the following message pretax dollars. Those amounts are now from the President of the United limited, so people with chronic ill- COMMUNICATION FROM THE States; which was read and referred to nesses, families with special needs chil- DEMOCRATIC LEADER the Committee on Foreign Affairs and dren are going to be affected. The SPEAKER pro tempore (Mr. ordered printed: There’s a surtax on investment in- MESSER) laid before the House the fol- To the Congress of the United States: come. The economy’s trying to recover. lowing communication from the Honor- Section 202(d) of the National Emer- Why would we tax investment income? able NANCY PELOSI, Democratic Leader: gencies Act (50 U.S.C. 1622(d)) provides

VerDate Mar 15 2010 03:04 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MR7.007 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 4, 2013 CONGRESSIONAL RECORD — HOUSE H823 for the automatic termination of a na- b 1715 Sec. 304. Enhancing medical countermeasure tional emergency unless, within 90 activities. AFTER RECESS days prior to the anniversary date of Sec. 305. Regulatory management plans. The recess having expired, the House Sec. 306. Report. its declaration, the President publishes Sec. 307. Pediatric medical countermeasures. in the Federal Register and transmits to was called to order by the Speaker pro TITLE IV—ACCELERATING MEDICAL the Congress a notice stating that the tempore (Mr. HULTGREN) at 5 o’clock and 15 minutes p.m. COUNTERMEASURE ADVANCED RE- emergency is to continue in effect be- SEARCH AND DEVELOPMENT yond the anniversary date. In accord- f Sec. 401. BioShield. ance with this provision, I have sent to ANNOUNCEMENT BY THE SPEAKER Sec. 402. Biomedical Advanced Research and the Federal Register for publication the Development Authority. PRO TEMPORE enclosed notice stating that the na- Sec. 403. Strategic National Stockpile. tional emergency declared in Executive The SPEAKER pro tempore. Pursu- Sec. 404. National Biodefense Science Board. Order 13288 of March 6, 2003, with re- ant to clause 8 of rule XX, the Chair TITLE I—STRENGTHENING NATIONAL spect to the actions and policies of cer- will postpone further proceedings PREPAREDNESS AND RESPONSE FOR tain members of the Government of today on the motion to suspend the PUBLIC HEALTH EMERGENCIES Zimbabwe and other persons to under- rules on which a recorded vote or the SEC. 101. NATIONAL HEALTH SECURITY STRAT- mine Zimbabwe’s democratic processes yeas and nays are ordered, or on which EGY. or institutions is to continue in effect the vote incurs objection under clause (a) IN GENERAL.—Section 2802 of the Public Health Service Act (42 U.S.C. 300hh–1) is amend- beyond March 6, 2013. 6 of rule XX. ed— The crisis constituted by the actions Any record vote on the postponed (1) in subsection (a)(1), by striking ‘‘2009’’ and and policies of certain members of the question will be taken later. inserting ‘‘2014’’; and Government of Zimbabwe and other f (2) in subsection (b)— persons to undermine Zimbabwe’s (A) in paragraph (1)(A), by inserting ‘‘, in- democratic processes or institutions PANDEMIC AND ALL-HAZARDS cluding drills and exercises to ensure medical has not been resolved. These actions PREPAREDNESS REAUTHORIZA- surge capacity for events without notice’’ after TION ACT OF 2013 ‘‘exercises’’; and and policies continue to pose an un- (B) in paragraph (3)— usual and extraordinary threat to the Mr. PITTS. Mr. Speaker, I move to (i) in the matter preceding subparagraph foreign policy of the United States. For suspend the rules and concur in the (A)— these reasons, I have determined that Senate amendment to the bill (H.R. (I) by striking ‘‘facilities), and trauma care’’ it is necessary to continue this na- 307) to reauthorize certain programs and inserting ‘‘and ambulatory care facilities tional emergency and to maintain in under the Public Health Service Act and which may include dental health facilities), force the sanctions to respond to this and the Federal Food, Drug, and Cos- and trauma care, critical care,’’; and (II) by inserting ‘‘(including related avail- threat. metic Act with respect to public health ability, accessibility, and coordination)’’ after BARACK OBAMA. security and all-hazards preparedness ‘‘public health emergencies’’; THE WHITE HOUSE, March 1, 2013. and response, and for other purposes. (ii) in subparagraph (A), by inserting ‘‘and f The Clerk read the title of the bill. trauma’’ after ‘‘medical’’; (iii) in subparagraph (B), by striking ‘‘Med- ANNOUNCEMENT BY THE SPEAKER The text of the Senate amendment is as follows: ical evacuation and fatality management’’ and PRO TEMPORE inserting ‘‘Fatality management’’; Senate amendment: The SPEAKER pro tempore. Pursu- (iv) by redesignating subparagraphs (C), (D), Strike out all after the enacting clause and (E) as subparagraphs (D), (E), and (F), re- ant to clause 4 of rule I, the following and insert: enrolled bill was signed by the Speaker spectively; SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (v) by inserting after subparagraph (B), the on Friday, March 1, 2013: (a) SHORT TITLE.—This Act may be cited as following the new subparagraph: S. 47, to reauthorize the Violence the ‘‘Pandemic and All-Hazards Preparedness ‘‘(C) Coordinated medical triage and evacu- Against Women Act of 1994. Reauthorization Act of 2013’’. ation to appropriate medical institutions based f (b) TABLE OF CONTENTS.—The table of con- on patient medical need, taking into account re- tents of this Act is as follows: gionalized systems of care.’’; COMMUNICATION FROM THE Sec. 1. Short title; table of contents. (vi) in subparagraph (E), as redesignated by CLERK OF THE HOUSE clause (iv), by inserting ‘‘(which may include TITLE I—STRENGTHENING NATIONAL PRE- such dental health assets)’’ after ‘‘medical as- The SPEAKER pro tempore laid be- PAREDNESS AND RESPONSE FOR PUBLIC fore the House the following commu- sets’’; and HEALTH EMERGENCIES (vii) by adding at the end the following: nication from the Clerk of the House of Sec. 101. National Health Security Strategy. ‘‘(G) Optimizing a coordinated and flexible Representatives: Sec. 102. Assistant Secretary for Preparedness approach to the medical surge capacity of hos- OFFICE OF THE CLERK, and Response. pitals, other health care facilities, critical care, HOUSE OF REPRESENTATIVES, Sec. 103. National Advisory Committee on Chil- trauma care (which may include trauma cen- Washington, DC, March 4, 2013. dren and Disasters. ters), and emergency medical systems.’’; Hon. JOHN A. BOEHNER, Sec. 104. Modernization of the National Dis- (C) in paragraph (4)— The Speaker, House of Representatives, aster Medical System. (i) in subparagraph (A), by inserting ‘‘, in- Washington, DC. Sec. 105. Continuing the role of the Department cluding the unique needs and considerations of DEAR MR. SPEAKER: Pursuant to the per- of Veterans Affairs. individuals with disabilities,’’ after ‘‘medical mission granted in Clause 2(h) of rule II of TITLE II—OPTIMIZING STATE AND LOCAL needs of at-risk individuals’’; and the Rules of the U.S. House of Representa- ALL-HAZARDS PREPAREDNESS AND RE- (ii) in subparagraph (B), by inserting ‘‘the’’ tives, the Clerk received the following mes- SPONSE before ‘‘purpose of this section’’; and (D) by adding at the end the following: sage from the Secretary of the Senate on Sec. 201. Temporary reassignment of State and ‘‘(7) COUNTERMEASURES.— March 4, 2013 at 1:12 p.m.: local personnel during a public ‘‘(A) Promoting strategic initiatives to ad- Appointments: health emergency. Commission on Security and Cooperation vance countermeasures to diagnose, mitigate, Sec. 202. Improving State and local public in Europe (Helsinki). prevent, or treat harm from any biological agent health security. With best wishes, I am or toxin, chemical, radiological, or nuclear Sec. 203. Hospital preparedness and medical Sincerely, agent or agents, whether naturally occurring, surge capacity. KAREN L. HAAS. unintentional, or deliberate. Sec. 204. Enhancing situational awareness and ‘‘(B) For purposes of this paragraph, the term f biosurveillance. ‘countermeasures’ has the same meaning as the Sec. 205. Eliminating duplicative Project Bio- RECESS terms ‘qualified countermeasures’ under section shield reports. 319F–1, ‘qualified pandemic and epidemic prod- The SPEAKER pro tempore. Pursu- TITLE III—ENHANCING MEDICAL ant to clause 12(a) of rule I, the Chair ucts’ under section 319F–3, and ‘security coun- COUNTERMEASURE REVIEW termeasures’ under section 319F–2. declares the House in recess until ap- Sec. 301. Special protocol assessment. ‘‘(8) MEDICAL AND PUBLIC HEALTH COMMUNITY proximately 5 p.m. today. Sec. 302. Authorization for medical products for RESILIENCY.—Strengthening the ability of Accordingly (at 2 o’clock and 18 min- use in emergencies. States, local communities, and tribal commu- utes p.m.), the House stood in recess. Sec. 303. Definitions. nities to prepare for, respond to, and be resilient

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in the event of public health emergencies, ‘‘(G) DRILL AND OPERATIONAL EXERCISES.— ‘‘(4) assume other duties as determined appro- whether naturally occurring, unintentional, or Carry out drills and operational exercises, in priate by the Secretary.’’; and deliberate by— consultation with the Department of Homeland (3) by adding at the end the following: ‘‘(A) optimizing alignment and integration of Security, the Department of Defense, the De- ‘‘(d) PUBLIC HEALTH EMERGENCY MEDICAL medical and public health preparedness and re- partment of Veterans Affairs, and other applica- COUNTERMEASURES ENTERPRISE STRATEGY AND sponse planning and capabilities with and into ble Federal departments and agencies, as nec- IMPLEMENTATION PLAN.— routine daily activities; and essary and appropriate, to identify, inform, and ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(B) promoting familiarity with local medical address gaps in and policies related to all-haz- after the date of enactment of this subsection, and public health systems.’’. ards medical and public health preparedness and every year thereafter, the Assistant Sec- (b) AT-RISK INDIVIDUALS.—Section 2814 of the and response, including exercises based on— retary for Preparedness and Response shall de- Public Health Service Act (42 U.S.C. 300hh–16) is ‘‘(i) identified threats for which counter- velop and submit to the appropriate committees amended— measures are available and for which no coun- of Congress a coordinated strategy and accom- (1) by striking paragraphs (5), (7), and (8); panying implementation plan for medical coun- (2) in paragraph (4), by striking termeasures are available; and ‘‘(ii) unknown threats for which no counter- termeasures to address chemical, biological, ra- ‘‘2811(b)(3)(B)’’ and inserting ‘‘2802(b)(4)(B)’’; diological, and nuclear threats. In developing (3) by redesignating paragraphs (1) through measures are available. (4) as paragraphs (2) through (5), respectively; ‘‘(H) NATIONAL SECURITY PRIORITY.—On a such a plan, the Assistant Secretary for Pre- (4) by inserting before paragraph (2) (as so re- periodic basis consult with, as applicable and paredness and Response shall consult with the designated), the following: appropriate, the Assistant to the President for Director of the Biomedical Advanced Research ‘‘(1) monitor emerging issues and concerns as National Security Affairs, to provide an update and Development Authority, the Director of the they relate to medical and public health pre- on, and discuss, medical and public health pre- National Institutes of Health, the Director of paredness and response for at-risk individuals paredness and response activities pursuant to the Centers for Disease Control and Prevention, in the event of a public health emergency de- this Act and the Federal Food, Drug, and Cos- and the Commissioner of Food and Drugs. Such clared by the Secretary under section 319;’’; metic Act, including progress on the develop- strategy and plan shall be known as the ‘Public (5) by amending paragraph (2) (as so redesig- ment, approval, clearance, and licensure of med- Health Emergency Medical Countermeasures nated) to read as follows: ical countermeasures.’’; and Enterprise Strategy and Implementation Plan’. ‘‘(2) oversee the implementation of the pre- (C) by adding at the end the following: ‘‘(2) REQUIREMENTS.—The plan under para- paredness goals described in section 2802(b) with ‘‘(7) COUNTERMEASURES BUDGET PLAN.—De- graph (1) shall— respect to the public health and medical needs velop, and update on an annual basis, a coordi- ‘‘(A) describe the chemical, biological, radio- of at-risk individuals in the event of a public nated 5-year budget plan based on the medical logical, and nuclear agent or agents that may health emergency, as described in section countermeasure priorities described in sub- present a threat to the Nation and the cor- 2802(b)(4);’’; and section (d). Each such plan shall— responding efforts to develop qualified counter- (6) by inserting after paragraph (6), the fol- ‘‘(A) include consideration of the entire med- measures (as defined in section 319F–1), security lowing: ical countermeasures enterprise, including— countermeasures (as defined in section 319F–2), ‘‘(7) disseminate and, as appropriate, update ‘‘(i) basic research and advanced research and or qualified pandemic or epidemic products (as novel and best practices of outreach to and care development; defined in section 319F–3) for each threat; of at-risk individuals before, during, and fol- ‘‘(ii) approval, clearance, licensure, and au- ‘‘(B) evaluate the progress of all activities lowing public health emergencies in as timely a thorized uses of products; and with respect to such countermeasures or prod- manner as is practicable, including from the ‘‘(iii) procurement, stockpiling, maintenance, ucts, including research, advanced research, de- time a public health threat is identified; and and replenishment of all products in the Stra- velopment, procurement, stockpiling, deploy- ‘‘(8) ensure that public health and medical in- tegic National Stockpile; ment, distribution, and utilization; formation distributed by the Department of ‘‘(B) inform prioritization of resources and in- ‘‘(C) identify and prioritize near-, mid-, and Health and Human Services during a public clude measurable outputs and outcomes to allow long-term needs with respect to such counter- health emergency is delivered in a manner that for the tracking of the progress made toward measures or products to address a chemical, bio- takes into account the range of communication identified priorities; logical, radiological, and nuclear threat or needs of the intended recipients, including at- ‘‘(C) identify medical countermeasure life- threats; risk individuals.’’. cycle costs to inform planning, budgeting, and ‘‘(D) identify, with respect to each category of SEC. 102. ASSISTANT SECRETARY FOR PREPARED- anticipated needs within the continuum of the threat, a summary of all awards and contracts, NESS AND RESPONSE. medical countermeasure enterprise consistent including advanced research and development (a) IN GENERAL.—Section 2811 of the Public with section 319F–2; and and procurement, that includes— Health Service Act (42 U.S.C. 300hh–10) is ‘‘(D) be made available to the appropriate ‘‘(i) the time elapsed from the issuance of the amended— committees of Congress upon request.’’; initial solicitation or request for a proposal to (1) in subsection (b)— (A) in paragraph (3), by inserting ‘‘, security (2) by striking subsection (c) and inserting the the adjudication (such as the award, denial of countermeasures (as defined in section 319F–2),’’ following: award, or solicitation termination); and ‘‘(ii) an identification of projected timelines, after ‘‘qualified countermeasures (as defined in ‘‘(c) FUNCTIONS.—The Assistant Secretary for section 319F–1)’’; Preparedness and Response shall— anticipated funding allocations, benchmarks, (B) in paragraph (4), by adding at the end the ‘‘(1) have lead responsibility within the De- and milestones for each medical countermeasure following: partment of Health and Human Services for priority under subparagraph (C), including pro- ‘‘(D) POLICY COORDINATION AND STRATEGIC DI- emergency preparedness and response policy co- jected needs with regard to replenishment of the RECTION.—Provide integrated policy coordina- ordination and strategic direction; Strategic National Stockpile; tion and strategic direction with respect to all ‘‘(2) have authority over and responsibility ‘‘(E) be informed by the recommendations of matters related to Federal public health and for— the National Biodefense Science Board pursuant medical preparedness and execution and deploy- ‘‘(A) the National Disaster Medical System to section 319M; ment of the Federal response for public health pursuant to section 2812; ‘‘(F) evaluate progress made in meeting emergencies and incidents covered by the Na- ‘‘(B) the Hospital Preparedness Cooperative timelines, allocations, benchmarks, and mile- tional Response Plan developed pursuant to sec- Agreement Program pursuant to section 319C–2; stones identified under subparagraph (D)(ii); tion 504(6) of the Homeland Security Act of 2002, ‘‘(C) the Biomedical Advanced Research and ‘‘(G) report on the amount of funds available or any successor plan, before, during, and fol- Development Authority pursuant to section for procurement in the special reserve fund as lowing public health emergencies. 319L; defined in section 319F–2(h) and the impact this ‘‘(E) IDENTIFICATION OF INEFFICIENCIES.— ‘‘(D) the Medical Reserve Corps pursuant to funding will have on meeting the requirements Identify and minimize gaps, duplication, and section 2813; under section 319F–2; other inefficiencies in medical and public health ‘‘(E) the Emergency System for Advance Reg- ‘‘(H) incorporate input from Federal, State, preparedness and response activities and the ac- istration of Volunteer Health Professionals pur- local, and tribal stakeholders; tions necessary to overcome these obstacles. suant to section 319I; and ‘‘(I) identify the progress made in meeting the ‘‘(F) COORDINATION OF GRANTS AND AGREE- ‘‘(F) administering grants and related au- medical countermeasure priorities for at-risk in- MENTS.—Align and coordinate medical and pub- thorities related to trauma care under parts A dividuals (as defined in 2802(b)(4)(B)), as appli- lic health grants and cooperative agreements as through C of title XII, such authority to be cable under subparagraph (C), including with applicable to preparedness and response activi- transferred by the Secretary from the Adminis- regard to the projected needs for related stock- ties authorized under this Act, to the extent pos- trator of the Health Resources and Services Ad- piling and replenishment of the Strategic Na- sible, including program requirements, timelines, ministration to such Assistant Secretary; tional Stockpile, including by addressing the and measurable goals, and in consultation with ‘‘(3) exercise the responsibilities and authori- needs of pediatric populations with respect to the Secretary of Homeland Security, to— ties of the Secretary with respect to the coordi- such countermeasures and products in the Stra- ‘‘(i) optimize and streamline medical and pub- nation of— tegic National Stockpile, including— lic health preparedness and response capabili- ‘‘(A) the Public Health Emergency Prepared- ‘‘(i) a list of such countermeasures and prod- ties and the ability of local communities to re- ness Cooperative Agreement Program pursuant ucts necessary to address the needs of pediatric spond to public health emergencies; and to section 319C–1; populations; ‘‘(ii) gather and disseminate best practices ‘‘(B) the Strategic National Stockpile pursu- ‘‘(ii) a description of measures taken to co- among grant and cooperative agreement recipi- ant to section 319F–2; and ordinate with the Office of Pediatric Thera- ents, as appropriate. ‘‘(C) the Cities Readiness Initiative; and peutics of the Food and Drug Administration to

VerDate Mar 15 2010 00:33 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 7634 Sfmt 6333 E:\CR\FM\A04MR7.003 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 4, 2013 CONGRESSIONAL RECORD — HOUSE H825 maximize the labeling, dosages, and formula- of Health and Human Services, in consultation ‘‘(J) representatives from such Federal agen- tions of such countermeasures and products for with the Secretary of Defense, shall include a cies (such as the Department of Education and pediatric populations; description of the manner in which the Depart- the Department of Homeland Security) as deter- ‘‘(iii) a description of existing gaps in the ment of Health and Human Services is coordi- mined necessary to fulfill the duties of the Advi- Strategic National Stockpile and the develop- nating with the Department of Defense regard- sory Committee, as established under sub- ment of such countermeasures and products to ing countermeasure activities to address chem- sections (b) and (c). address the needs of pediatric populations; and ical, biological, radiological, and nuclear ‘‘(e) MEETINGS.—The Advisory Committee ‘‘(iv) an evaluation of the progress made in threats. Such report shall include information shall meet not less than biannually. addressing priorities identified pursuant to sub- with respect to— ‘‘(f) SUNSET.—The Advisory Committee shall paragraph (C); (1) the research, advanced research, develop- terminate on September 30, 2018.’’. ‘‘(J) identify the use of authority and activi- ment, procurement, stockpiling, and distribution SEC. 104. MODERNIZATION OF THE NATIONAL ties undertaken pursuant to sections 319F– of countermeasures to meet identified needs; and DISASTER MEDICAL SYSTEM. 1(b)(1), 319F–1(b)(2), 319F–1(b)(3), 319F–1(c), (2) the coordination of efforts between the De- Section 2812 of the Public Health Service Act 319F–1(d), 319F–1(e), 319F–2(c)(7)(C)(iii), 319F– partment of Health and Human Services and the (42 U.S.C. 300hh–11) is amended— 2(c)(7)(C)(iv), and 319F–2(c)(7)(C)(v) of this Act, Department of Defense to address counter- (1) in subsection (a)(3)— and subsections (a)(1), (b)(1), and (e) of section measure needs for various segments of the popu- (A) in subparagraph (A), in clause (i) by in- 564 of the Federal Food, Drug, and Cosmetic lation. serting ‘‘, including at-risk individuals as appli- Act, by summarizing— SEC. 103. NATIONAL ADVISORY COMMITTEE ON cable’’ after ‘‘victims of a public health emer- ‘‘(i) the particular actions that were taken CHILDREN AND DISASTERS. gency’’; under the authorities specified, including, as Subtitle B of title XXVIII of the Public Health (B) by redesignating subparagraph (C) as sub- applicable, the identification of the threat Service Act (42 U.S.C. 300hh et seq.) is amended paragraph (E); and agent, emergency, or the biomedical counter- by inserting after section 2811 the following: (C) by inserting after subparagraph (B), the measure with respect to which the authority ‘‘SEC. 2811A. NATIONAL ADVISORY COMMITTEE following: was used; ON CHILDREN AND DISASTERS. ‘‘(C) CONSIDERATIONS FOR AT-RISK POPU- ‘‘(ii) the reasons underlying the decision to ‘‘(a) ESTABLISHMENT.—The Secretary, in con- LATIONS.—The Secretary shall take steps to en- use such authorities, including, as applicable, sultation with the Secretary of Homeland Secu- sure that an appropriate specialized and fo- the options that were considered and rejected rity, shall establish an advisory committee to be cused range of public health and medical capa- with respect to the use of such authorities; known as the ‘National Advisory Committee on bilities are represented in the National Disaster ‘‘(iii) the number of, nature of, and other in- Children and Disasters’ (referred to in this sec- Medical System, which take into account the formation concerning the persons and entities tion as the ‘Advisory Committee’). needs of at-risk individuals, in the event of a that received a grant, cooperative agreement, or ‘‘(b) DUTIES.—The Advisory Committee shall— public health emergency.’’. contract pursuant to the use of such authorities, ‘‘(1) provide advice and consultation with re- ‘‘(D) ADMINISTRATION.—The Secretary may and the persons and entities that were consid- spect to the activities carried out pursuant to determine and pay claims for reimbursement for ered and rejected for such a grant, cooperative section 2814, as applicable and appropriate; services under subparagraph (A) directly or agreement, or contract, except that the report ‘‘(2) evaluate and provide input with respect through contracts that provide for payment in need not disclose the identity of any such per- to the medical and public health needs of chil- advance or by way of reimbursement.’’; and son or entity; dren as they relate to preparation for, response (2) in subsection (g), by striking ‘‘such sums ‘‘(iv) whether, with respect to each procure- as may be necessary for each of the fiscal years ment that is approved by the President under to, and recovery from all-hazards emergencies; and 2007 through 2011’’ and inserting ‘‘$52,700,000 section 319F–2(c)(6), a contract was entered into for each of fiscal years 2014 through 2018’’. within one year after such approval by the ‘‘(3) provide advice and consultation with re- spect to State emergency preparedness and re- SEC. 105. CONTINUING THE ROLE OF THE DE- President; and PARTMENT OF VETERANS AFFAIRS. ‘‘(v) with respect to section 319F–1(d), for the sponse activities and children, including related drills and exercises pursuant to the prepared- Section 8117(g) of title 38, United States Code, one-year period for which the report is sub- is amended by striking ‘‘such sums as may be mitted, the number of persons who were paid ness goals under section 2802(b). ‘‘(c) ADDITIONAL DUTIES.—The Advisory Com- necessary to carry out this section for each of amounts totaling $100,000 or greater and the fiscal years 2007 through 2011’’ and inserting number of persons who were paid amounts to- mittee may provide advice and recommendations to the Secretary with respect to children and the ‘‘$155,300,000 for each of fiscal years 2014 taling at least $50,000 but less than $100,000; and through 2018 to carry out this section’’. ‘‘(K) be made publicly available. medical and public health grants and coopera- ‘‘(3) GAO REPORT.— tive agreements as applicable to preparedness TITLE II—OPTIMIZING STATE AND LOCAL ‘‘(A) IN GENERAL.—Not later than 1 year after and response activities authorized under this ALL-HAZARDS PREPAREDNESS AND RE- the date of the submission to the Congress of the title and title III. SPONSE first Public Health Emergency Medical Counter- ‘‘(d) MEMBERSHIP.— SEC. 201. TEMPORARY REASSIGNMENT OF STATE measures Enterprise Strategy and Implementa- ‘‘(1) IN GENERAL.—The Secretary, in consulta- AND LOCAL PERSONNEL DURING A tion Plan, the Comptroller General of the United tion with such other Secretaries as may be ap- PUBLIC HEALTH EMERGENCY. States shall conduct an independent evaluation, propriate, shall appoint not to exceed 15 mem- Section 319 of the Public Health Service Act and submit to the appropriate committees of bers to the Advisory Committee. In appointing (42 U.S.C. 247d) is amended by adding at the Congress a report, concerning such Strategy and such members, the Secretary shall ensure that end the following: Implementation Plan. the total membership of the Advisory Committee ‘‘(e) TEMPORARY REASSIGNMENT OF STATE AND ‘‘(B) CONTENT.—The report described in sub- is an odd number. LOCAL PERSONNEL DURING A PUBLIC HEALTH paragraph (A) shall review and assess— ‘‘(2) REQUIRED MEMBERS.—The Secretary, in EMERGENCY.— ‘‘(i) the near-term, mid-term, and long-term consultation with such other Secretaries as may ‘‘(1) EMERGENCY REASSIGNMENT OF FEDERALLY medical countermeasure needs and identified be appropriate, may appoint to the Advisory FUNDED PERSONNEL.—Notwithstanding any priorities of the Federal Government pursuant Committee under paragraph (1) such individuals other provision of law, and subject to paragraph to paragraph (2)(C); as may be appropriate to perform the duties de- (2), upon request by the Governor of a State or ‘‘(ii) the activities of the Department of scribed in subsections (b) and (c), which may in- a tribal organization or such Governor or tribal Health and Human Services with respect to ad- clude— organization’s designee, the Secretary may au- vanced research and development pursuant to ‘‘(A) the Assistant Secretary for Preparedness thorize the requesting State or Indian tribe to section 319L; and and Response; temporarily reassign, for purposes of imme- ‘‘(iii) the progress made toward meeting the ‘‘(B) the Director of the Biomedical Advanced diately addressing a public health emergency in timelines, allocations, benchmarks, and mile- Research and Development Authority; the State or Indian tribe, State and local public stones identified in the Public Health Emer- ‘‘(C) the Director of the Centers for Disease health department or agency personnel funded gency Medical Countermeasures Enterprise Control and Prevention; in whole or in part through programs author- Strategy and Implementation Plan under this ‘‘(D) the Commissioner of Food and Drugs; ized under this Act, as appropriate. subsection. ‘‘(E) the Director of the National Institutes of ‘‘(2) ACTIVATION OF EMERGENCY REASSIGN- ‘‘(e) PROTECTION OF NATIONAL SECURITY.—In Health; MENT.— carrying out subsections (b)(7) and (d), the Sec- ‘‘(F) the Assistant Secretary of the Adminis- ‘‘(A) PUBLIC HEALTH EMERGENCY.—The Sec- retary shall ensure that information and items tration for Children and Families; retary may authorize a temporary reassignment that could compromise national security, con- ‘‘(G) the Administrator of the Federal Emer- of personnel under paragraph (1) only during tain confidential commercial information, or gency Management Agency; the period of a public health emergency deter- contain proprietary information are not dis- ‘‘(H) at least two non-Federal health care pro- mined pursuant to subsection (a). closed.’’. fessionals with expertise in pediatric medical ‘‘(B) CONTENTS OF REQUEST.—To seek author- (b) INTERAGENCY COORDINATION PLAN.—In the disaster planning, preparedness, response, or re- ity for a temporary reassignment of personnel first Public Health Emergency Countermeasures covery; under paragraph (1), the Governor of a State or Enterprise Strategy and Implementation Plan ‘‘(I) at least two representatives from State, a tribal organization shall submit to the Sec- submitted under subsection (d) of section 2811 of local, territorial, or tribal agencies with exper- retary a request for such reassignment flexibility the Public Health Service Act (42 U.S.C. 300hh– tise in pediatric disaster planning, prepared- and shall include in the request each of the fol- 10) (as added by subsection (a)(3)), the Secretary ness, response, or recovery; and lowing:

VerDate Mar 15 2010 00:33 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 7634 Sfmt 6333 E:\CR\FM\A04MR7.003 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H826 CONGRESSIONAL RECORD — HOUSE March 4, 2013 ‘‘(i) An assurance that the public health emer- ‘‘(B) after providing notice and a 60-day pe- tious disease outbreaks whether naturally oc- gency in the geographic area of the requesting riod for public comment, finalize such guidance. curring or due to bioterrorism, consistent with State or Indian tribe cannot be adequately and ‘‘(6) REPORT TO CONGRESS.—Not later than 4 the requirements of this section; and appropriately addressed by the public health years after the date of enactment of the Pan- ‘‘(ix) a description of any activities that such workforce otherwise available. demic and All-Hazards Preparedness Reauthor- entity will use to analyze real-time clinical ‘‘(ii) An assurance that the public health ization Act of 2013, the Comptroller General of specimens for pathogens of public health or bio- emergency would be addressed more efficiently the United States shall conduct an independent terrorism significance, including any utilization and effectively through the requested temporary evaluation, and submit to the appropriate com- of poison control centers;’’; and reassignment of State and local personnel de- mittees of the Congress a report, on temporary (B) in subparagraph (C), by inserting ‘‘, in- scribed in paragraph (1). reassignment under this subsection, including— cluding addressing the needs of at-risk individ- ‘‘(iii) An assurance that the requested tem- ‘‘(A) a description of how, and under what uals,’’ after ‘‘capabilities of such entity’’; porary reassignment of personnel is consistent circumstances, such temporary reassignment has (3) in subsection (f)— with any applicable All-Hazards Public Health been used by States and Indian tribes; (A) in paragraph (2), by adding ‘‘and’’ at the Emergency Preparedness and Response Plan ‘‘(B) an analysis of how such temporary reas- end; under section 319C–1. signment has assisted States and Indian tribes (B) in paragraph (3), by striking ‘‘; and’’ and ‘‘(iv) An identification of— in responding to public health emergencies; inserting a period; and ‘‘(I) each Federal program from which per- ‘‘(C) an evaluation of how such temporary re- (C) by striking paragraph (4); sonnel would be temporarily reassigned pursu- assignment has improved operational effi- (4) in subsection (g)— ant to the requested authority; and ciencies in responding to public health emer- (A) in paragraph (1), by striking subpara- ‘‘(II) the number of personnel who would be gencies; graph (A) and inserting the following: so reassigned from each such program. ‘‘(D) an analysis of the extent to which, if ‘‘(A) include outcome goals representing oper- ‘‘(v) Such other information and assurances any, Federal programs from which personnel ational achievements of the National Prepared- upon which the Secretary and Governor of a have been temporarily reassigned have been ad- ness Goals developed under section 2802(b) with State or tribal organization agree. versely affected by the reassignment; and respect to all-hazards, including chemical, bio- ‘‘(C) CONSIDERATION.—In reviewing a request ‘‘(E) recommendations on how medical surge logical, radiological, or nuclear threats; and’’; for temporary reassignment under paragraph capacity could be improved in responding to and (1), the Secretary shall consider the degree to public health emergencies and the impact of the (B) in paragraph (2)(A), by adding at the end which the program or programs funded in whole reassignment flexibility under this section on the following: ‘‘The Secretary shall periodically or in part by programs authorized under this such surge capacity. update, as necessary and appropriate, such Act would be adversely affected by the reassign- ‘‘(7) DEFINITIONS.—In this subsection— pandemic influenza plan criteria and shall re- ment. ‘‘(A) the terms ‘Indian tribe’ and ‘tribal orga- quire the integration of such criteria into the ‘‘(D) TERMINATION AND EXTENSION.— nization’ have the meanings given such terms in benchmarks and standards described in para- ‘‘(i) TERMINATION.—A State or Indian tribe’s section 4 of the Indian Self-Determination and graph (1).’’; temporary reassignment of personnel under Education Assistance Act; and (5) by striking subsection (h); paragraph (1) shall terminate upon the earlier ‘‘(B) the term ‘State’ includes, in addition to (6) by redesignating subsections (i), (j), and of the following: the entities listed in the definition of such term (k) as subsections (h), (i), and (j), respectively; ‘‘(I) The Secretary’s determination that the in section 2, the Freely Associated States. (7) in subsection (h), as so redesignated— public health emergency no longer exists. ‘‘(8) SUNSET.—This subsection shall terminate (A) in paragraph (1)— ‘‘(II) Subject to clause (ii), the expiration of on September 30, 2018.’’. (i) in subparagraph (A)— the 30-day period following the date on which (I) by striking ‘‘$824,000,000 for fiscal year the Secretary approved the State or Indian SEC. 202. IMPROVING STATE AND LOCAL PUBLIC HEALTH SECURITY. 2007, of which $35,000,000 shall be used to carry tribe’s request for such reassignment flexibility. (a) COOPERATIVE AGREEMENTS.—Section 319C– out subsection (h),’’ and inserting ‘‘$641,900,000 ‘‘(ii) EXTENSION OF REASSIGNMENT FLEXI- 1 of the Public Health Service Act (42 U.S.C. for fiscal year 2014’’; and BILITY.—The Secretary may extend reassign- (II) by striking ‘‘such sums as may be nec- ment flexibility of personnel under paragraph 247d–3a) is amended— (1) in subsection (b)(1)(C), by striking ‘‘con- essary for each of fiscal years 2008 through (1) beyond the date otherwise applicable under sortium of entities described in subparagraph 2011’’ and inserting ‘‘$641,900,000 for each of fis- clause (i)(II) if the public health emergency still (A)’’ and inserting ‘‘consortium of States’’; cal years 2015 through 2018’’; exists as of such date, but only if— (ii) by striking subparagraph (B); ‘‘(I) the State or Indian tribe that submitted (2) in subsection (b)(2)— (A) in subparagraph (A)— (iii) by redesignating subparagraphs (C) and the initial request for a temporary reassignment (i) by striking clauses (i) and (ii) and inserting (D) as subparagraphs (B) and (C), respectively; of personnel submits a request for an extension the following: and of such temporary reassignment; and ‘‘(i) a description of the activities such entity (iv) in subparagraph (C), as so redesignated, ‘‘(II) the request for an extension contains the will carry out under the agreement to meet the by striking ‘‘subparagraph (C)’’ and inserting same information and assurances necessary for goals identified under section 2802, including ‘‘subparagraph (B)’’; the approval of an initial request for such tem- with respect to chemical, biological, radio- (B) in subparagraphs (C) and (D) of para- porary reassignment pursuant to subparagraph logical, or nuclear threats, whether naturally graph (3), by striking ‘‘(1)(A)(i)(I)’’ each place it (B). occurring, unintentional, or deliberate; appears and inserting ‘‘(1)(A)’’; ‘‘(3) VOLUNTARY NATURE OF TEMPORARY REAS- ‘‘(ii) a description of the activities such entity (C) in paragraph (4)(B), by striking ‘‘sub- SIGNMENT OF STATE AND LOCAL PERSONNEL.— ‘‘(A) IN GENERAL.—Unless otherwise provided will carry out with respect to pandemic influ- section (c)’’ and inserting ‘‘subsection (b)’’; and under the law or regulation of the State or In- enza, as a component of the activities carried (D) by adding at the end the following: dian tribe that receives authorization for tem- out under clause (i), and consistent with the re- ‘‘(7) AVAILABILITY OF COOPERATIVE AGREE- porary reassignment of personnel under para- quirements of paragraphs (2) and (5) of sub- MENT FUNDS.— graph (1), personnel eligible for reassignment section (g);’’; ‘‘(A) IN GENERAL.—Amounts provided to an el- pursuant to such authorization— (ii) in clause (iv), by striking ‘‘and’’ at the igible entity under a cooperative agreement ‘‘(i) shall have the opportunity to volunteer end; and under subsection (a) for a fiscal year and re- for temporary reassignment; and (iii) by adding at the end the following: maining unobligated at the end of such year ‘‘(ii) shall not be required to agree to a tem- ‘‘(vi) a description of how, as appropriate, the shall remain available to such entity for the porary reassignment. entity may partner with relevant public and pri- next fiscal year for the purposes for which such ‘‘(B) PROHIBITION ON CONDITIONING FEDERAL vate stakeholders in public health emergency funds were provided. AWARDS.—The Secretary may not condition the preparedness and response; ‘‘(B) FUNDS CONTINGENT ON ACHIEVING BENCH- award of a grant, contract, or cooperative ‘‘(vii) a description of how the entity, as ap- MARKS.—The continued availability of funds agreement under this Act on the requirement plicable and appropriate, will coordinate with under subparagraph (A) with respect to an enti- that a State or Indian tribe require that per- State emergency preparedness and response ty shall be contingent upon such entity achiev- sonnel eligible for reassignment pursuant to an plans in public health emergency preparedness, ing the benchmarks and submitting the pan- authorization under paragraph (1) agree to such including State educational agencies (as defined demic influenza plan as described in subsection reassignment. in section 9101(41) of the Elementary and Sec- (g).’’; and ‘‘(4) NOTICE TO CONGRESS.—The Secretary ondary Education Act of 1965) and State child (8) in subsection (i), as so redesignated— shall give notice to the Congress in conjunction care lead agencies (designated under section (A) in paragraph (1)(E), by striking ‘‘sub- with the approval under this subsection of— 658D of the Child Care and Development Block section (k)’’ and inserting ‘‘subsection (j)’’; ‘‘(A) any initial request for temporary reas- Grant Act of 1990); (B) by striking paragraph (3). signment of personnel; and ‘‘(viii) in the case of entities that operate on (b) VACCINE TRACKING AND DISTRIBUTION.— ‘‘(B) any request for an extension of such tem- the United States-Mexico border or the United Section 319A(e) of the Public Health Service Act porary reassignment. States-Canada border, a description of the ac- (42 U.S.C. 247d–1(e)) is amended by striking ‘‘(5) GUIDANCE.—The Secretary shall— tivities such entity will carry out under the ‘‘such sums for each of fiscal years 2007 through ‘‘(A) not later than 6 months after the enact- agreement that are specific to the border area 2011’’ and inserting ‘‘$30,800,000 for each of fis- ment of this subsection, issue proposed guidance including disease detection, identification, in- cal years 2014 through 2018’’. on the temporary reassignment of personnel vestigation, and preparedness and response ac- (c) TECHNICAL AND CONFORMING AMEND- under this subsection; and tivities related to emerging diseases and infec- MENTS.—

VerDate Mar 15 2010 00:33 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 7634 Sfmt 6333 E:\CR\FM\A04MR7.003 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 4, 2013 CONGRESSIONAL RECORD — HOUSE H827

(1) Section 319C–1(b)(1)(B) of the Public ‘‘(2) MEETING GOALS OF NATIONAL HEALTH SE- sultation with the Office of the National Coordi- Health Service Act (42 U.S.C. 247d–3a(b)(1)(B)) CURITY STRATEGY.—The Secretary shall imple- nator for Health Information Technology, is amended by striking ‘‘subsection (i)(4)’’ and ment objective, evidence-based metrics to ensure through a joint public and private sector proc- inserting ‘‘subsection (h)(4)’’. that entities receiving awards under this section ess;’’; and (2) Section 319C–2 of the Public Health Service are meeting, to the extent practicable, the appli- (F) by adding at the end the following: Act (42 U.S.C. 247d–3b) is amended— cable goals of the National Health Security ‘‘(6) CONSULTATION WITH THE NATIONAL BIO- (A) in subsection (i), by striking ‘‘(j), and (k)’’ Strategy under section 2802.’’; and DEFENSE SCIENCE BOARD.—In carrying out this and inserting ‘‘(i), and (j)’’; and (6) in subsection (j)— section and consistent with section 319M, the (B) in subsection (j)(3), by striking ‘‘319C– (A) by amending paragraph (1) to read as fol- National Biodefense Science Board shall provide 1(i)’’ and inserting ‘‘319C–1(h)’’. lows: expert advice and guidance, including rec- SEC. 203. HOSPITAL PREPAREDNESS AND MED- ‘‘(1) IN GENERAL.—For purposes of carrying ommendations, regarding the measurable steps ICAL SURGE CAPACITY. out this section, there is authorized to be appro- the Secretary should take to modernize and en- (a) ALL-HAZARDS PUBLIC HEALTH AND MED- priated $374,700,000 for each of fiscal years 2014 hance biosurveillance activities pursuant to the ICAL RESPONSE CURRICULA AND TRAINING.—Sec- through 2018.’’; and efforts of the Department of Health and Human tion 319F(a)(5)(B) of the Public Health Service (B) by adding at the end the following: Services to ensure comprehensive, real-time, all- Act (42 U.S.C. 247d–6(a)(5)(B)) is amended by ‘‘(4) AVAILABILITY OF COOPERATIVE AGREE- hazards biosurveillance capabilities. In com- striking ‘‘public health or medical’’ and insert- MENT FUNDS.— plying with the preceding sentence, the Na- ing ‘‘public health, medical, or dental’’. ‘‘(A) IN GENERAL.—Amounts provided to an el- tional Biodefense Science Board shall— (b) ENCOURAGING HEALTH PROFESSIONAL VOL- igible entity under a cooperative agreement ‘‘(A) identify the steps necessary to achieve a UNTEERS.— under subsection (a) for a fiscal year and re- national biosurveillance system for human (1) EMERGENCY SYSTEM FOR ADVANCE REG- maining unobligated at the end of such year health, with international connectivity, where ISTRATION OF VOLUNTEER HEALTH PROFES- shall remain available to such entity for the appropriate, that is predicated on State, re- SIONALS.—Section 319I(k) of the Public Health next fiscal year for the purposes for which such gional, and community level capabilities and Service Act (42 U.S.C. 247d–7b(k)) is amended by funds were provided. creates a networked system to allow for two-way striking ‘‘$2,000,000 for fiscal year 2002, and ‘‘(B) FUNDS CONTINGENT ON ACHIEVING BENCH- information flow between and among Federal, such sums as may be necessary for each of the MARKS.—The continued availability of funds State, and local government public health au- fiscal years 2003 through 2011’’ and inserting under subparagraph (A) with respect to an enti- thorities and clinical health care providers; ‘‘$5,000,000 for each of fiscal years 2014 through ty shall be contingent upon such entity achiev- ‘‘(B) identify any duplicative surveillance 2018’’. ing the benchmarks and submitting the pan- programs under the authority of the Secretary, (2) VOLUNTEERS.—Section 2813 of the Public demic influenza plan as required under sub- or changes that are necessary to existing pro- Health Service Act (42 U.S.C. 300hh–15) is section (i).’’. grams, in order to enhance and modernize such amended— SEC. 204. ENHANCING SITUATIONAL AWARENESS activities, minimize duplication, strengthen and (A) in subsection (d)(2), by adding at the end AND BIOSURVEILLANCE. streamline such activities under the authority of the following: ‘‘Such training exercises shall, as (a) IN GENERAL.—Section 319D of the Public the Secretary, and achieve real-time and appro- appropriate and applicable, incorporate the Health Service Act (42 U.S.C. 247d–4) is amend- priate data that relate to disease activity, both needs of at-risk individuals in the event of a ed— human and zoonotic; and public health emergency.’’; and (1) in subsection (b)— ‘‘(C) coordinate with applicable existing advi- (B) in subsection (i), by striking ‘‘$22,000,000 (A) in paragraph (1)(B), by inserting ‘‘poison sory committees of the Director of the Centers for fiscal year 2007, and such sums as may be control centers,’’ after ‘‘hospitals,’’; for Disease Control and Prevention, including (B) in paragraph (2), by inserting before the necessary for each of fiscal years 2008 through such advisory committees consisting of rep- period at the end the following: ‘‘, allowing for 2011’’ and inserting ‘‘$11,200,000 for each of fis- resentatives from State, local, and tribal public coordination to maximize all-hazards medical cal years 2014 through 2018’’. health authorities and appropriate public and and public health preparedness and response (c) PARTNERSHIPS FOR STATE AND REGIONAL private sector health care entities and academic and to minimize duplication of effort’’; and PREPAREDNESS TO IMPROVE SURGE CAPACITY.— institutions, in order to provide guidance on (C) in paragraph (3), by inserting before the Section 319C–2 of the Public Health Service Act public health surveillance activities.’’; period at the end the following: ‘‘and update (42 U.S.C. 247d–3b) is amended— (5) in subsection (d), as so redesignated— such standards as necessary’’; (1) in subsection (a), by inserting ‘‘, including, (A) in paragraph (1), by striking ‘‘subsection (2) by striking subsection (c); (d)’’ and inserting ‘‘subsection (c)’’; as appropriate, capacity and preparedness to (3) by redesignating subsections (d) through address the needs of children and other at-risk (B) in paragraph (4)(B), by striking ‘‘sub- (g) as subsections (c) through (f), respectively; section (d)’’ and inserting ‘‘subsection (c)’’; and individuals’’ before the period at the end; (4) in subsection (c), as so redesignated— (2) in subsection (b)(1)(A)(ii), by striking (C) in paragraph (5)— (A) in the subsection heading, by striking (i) by striking ‘‘4 years after the date of enact- ‘‘centers, primary’’ and inserting ‘‘centers, com- ‘‘PUBLIC HEALTH SITUATIONAL AWARENESS’’ and munity health centers, primary’’; ment of the Pandemic and All-Hazards Pre- inserting ‘‘MODERNIZING PUBLIC HEALTH SITUA- paredness Act’’ and inserting ‘‘3 years after the (3) by striking subsection (c) and inserting the TIONAL AWARENESS AND BIOSURVEILLANCE’’; following: date of enactment of the Pandemic and All-Haz- (B) in paragraph (1)— ards Preparedness Reauthorization Act of 2013’’; ‘‘(c) USE OF FUNDS.—An award under sub- (i) by striking ‘‘Pandemic and All-Hazards section (a) shall be expended for activities to and Preparedness Act’’ and inserting ‘‘Pandemic (ii) by striking ‘‘subsection (d)’’ and inserting achieve the preparedness goals described under and All-Hazards Preparedness Reauthorization paragraphs (1), (3), (4), (5), and (6) of section ‘‘subsection (c)’’; Act of 2013’’; and (6) in subsection (f), as so redesignated, by 2802(b) with respect to all-hazards, including (ii) by inserting ‘‘, novel emerging threats,’’ striking ‘‘such sums as may be necessary in each chemical, biological, radiological, or nuclear after ‘‘disease outbreaks’’; of fiscal years 2007 through 2011’’ and inserting threats.’’; (C) by striking paragraph (2) and inserting ‘‘$138,300,000 for each of fiscal years 2014 (4) by striking subsection (g) and inserting the the following: following: through 2018’’; and ‘‘(2) STRATEGY AND IMPLEMENTATION PLAN.— (7) by adding at the end the following: ‘‘(g) COORDINATION.— Not later than 180 days after the date of enact- ‘‘(g) DEFINITION.—For purposes of this section ‘‘(1) LOCAL RESPONSE CAPABILITIES.—An eligi- ment of the Pandemic and All-Hazards Pre- the term ‘biosurveillance’ means the process of ble entity shall, to the extent practicable, ensure paredness Reauthorization Act of 2013, the Sec- gathering near real-time biological data that re- that activities carried out under an award retary shall submit to the appropriate commit- lates to human and zoonotic disease activity under subsection (a) are coordinated with ac- tees of Congress a coordinated strategy and an and threats to human or animal health, in order tivities of relevant local Metropolitan Medical accompanying implementation plan that identi- to achieve early warning and identification of Response Systems, local Medical Reserve Corps, fies and demonstrates the measurable steps the such health threats, early detection and prompt the local Cities Readiness Initiative, and local Secretary will carry out to— ongoing tracking of health events, and overall emergency plans. ‘‘(A) develop, implement, and evaluate the situational awareness of disease activity.’’. ‘‘(2) NATIONAL COLLABORATION.—Partnerships network described in paragraph (1), utilizing (b) TECHNICAL AND CONFORMING AMEND- consisting of one or more eligible entities under the elements described in paragraph (3); MENT.—Section 319C–1(b)(2)(D) of the Public this section may, to the extent practicable, col- ‘‘(B) modernize and enhance biosurveillance Health Service Act (42 U.S.C. 247d–3a(b)(2)(D)) laborate with other partnerships consisting of activities; and is amended by striking ‘‘section 319D(d)(3)’’ and one or more eligible entities under this section ‘‘(C) improve information sharing, coordina- inserting ‘‘section 319D(c)(3)’’. for purposes of national coordination and col- tion, and communication among disparate bio- laboration with respect to activities to achieve surveillance systems supported by the Depart- SEC. 205. ELIMINATING DUPLICATIVE PROJECT BIOSHIELD REPORTS. the preparedness goals described under para- ment of Health and Human Services.’’; Section 5 of the Project Bioshield Act of 2004 graphs (1), (3), (4), (5), and (6) of section (D) in paragraph (3)(D), by inserting ‘‘com- (42 U.S.C. 247d–6c) is repealed. 2802(b).’’; munity health centers, health centers’’ after (5) in subsection (i)— ‘‘poison control,’’; TITLE III—ENHANCING MEDICAL (A) by striking ‘‘The requirements of’’ and in- (E) in paragraph (5), by striking subpara- COUNTERMEASURE REVIEW serting the following: graph (A) and inserting the following: SEC. 301. SPECIAL PROTOCOL ASSESSMENT. ‘‘(1) IN GENERAL.—The requirements of’’; and ‘‘(A) utilize applicable interoperability stand- Section 505(b)(5)(B) of the Federal Food, (B) by adding at the end the following: ards as determined by the Secretary, and in con- Drug, and Cosmetic Act (21 U.S.C. 355(b)(5)(B))

VerDate Mar 15 2010 00:33 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 7634 Sfmt 6333 E:\CR\FM\A04MR7.003 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H828 CONGRESSIONAL RECORD — HOUSE March 4, 2013 is amended by striking ‘‘size of clinical trials in- ing to the sponsor of such product an expla- review, the Secretary shall regularly review the tended’’ and all that follows through ‘‘. The nation of the scientific, regulatory, or other ob- progress made with respect to the approval, li- sponsor or applicant’’ and inserting the fol- stacles to approval, licensure, or clearance of censure, or clearance of— lowing: ‘‘size— such product or use, including specific actions ‘‘(A) an unapproved product for which an au- ‘‘(i)(I) of clinical trials intended to form the to be taken by the Secretary and the sponsor to thorization was issued under this section; or primary basis of an effectiveness claim; or overcome such obstacles.’’; ‘‘(B) an unapproved use of an approved prod- ‘‘(II) in the case where human efficacy studies (3) in subsection (c)— uct for which an authorization was issued are not ethical or feasible, of animal and any (A) in the matter preceding paragraph (1)— under this section.’’; and associated clinical trials which, in combination, (i) by inserting ‘‘the Assistant Secretary for (C) by amending paragraph (2) to read as fol- are intended to form the primary basis of an ef- Preparedness and Response,’’ after ‘‘consulta- lows: fectiveness claim; or tion with’’; ‘‘(2) REVISION AND REVOCATION.—The Sec- ‘‘(ii) with respect to an application for ap- (ii) by striking ‘‘Health and’’ and inserting retary may revise or revoke an authorization proval of a biological product under section ‘‘Health, and’’; and under this section if— 351(k) of the Public Health Service Act, of any (iii) by striking ‘‘circumstances of the emer- ‘‘(A) the circumstances described under sub- necessary clinical study or studies. gency involved’’ and inserting ‘‘applicable cir- section (b)(1) no longer exist; The sponsor or applicant’’. cumstances described in subsection (b)(1)’’; ‘‘(B) the criteria under subsection (c) for SEC. 302. AUTHORIZATION FOR MEDICAL PROD- (B) in paragraph (1), by striking ‘‘specified’’ issuance of such authorization are no longer UCTS FOR USE IN EMERGENCIES. and inserting ‘‘referred to’’; and met; or (a) IN GENERAL.—Section 564 of the Federal (C) in paragraph (2)(B), by inserting ‘‘, taking ‘‘(C) other circumstances make such revision Food, Drug, and Cosmetic Act (21 U.S.C. into consideration the material threat posed by or revocation appropriate to protect the public 360bbb–3) is amended— the agent or agents identified in a declaration health or safety.’’; (1) in subsection (a)— under subsection (b)(1)(D), if applicable’’ after (7) in subsection (h)(1), by adding after the (A) in paragraph (1), by striking ‘‘sections ‘‘risks of the product’’; period at the end the following: ‘‘The Secretary 505, 510(k), and 515 of this Act’’ and inserting (4) in subsection (d)(3), by inserting ‘‘, to the shall make any revisions to an authorization ‘‘any provision of this Act’’; extent practicable given the circumstances of the under this section available on the Internet Web (B) in paragraph (2)(A), by striking ‘‘under a emergency,’’ after ‘‘including’’; site of the Food and Drug Administration.’’; provision of law referred to in such paragraph’’ (5) in subsection (e)— (8) by adding at the end of subsection (j) the and inserting ‘‘under section 505, 510(k), or 515 (A) in paragraph (1)(A), by striking ‘‘cir- following: of this Act or section 351 of the Public Health cumstances of the emergency’’ and inserting ‘‘(4) Nothing in this section shall be construed Service Act’’; and ‘‘applicable circumstances described in sub- as authorizing a delay in the review or other (C) in paragraph (3), by striking ‘‘a provision section (b)(1)’’; consideration by the Secretary of any applica- of law referred to in such paragraph’’ and in- (B) in paragraph (1)(B), by amending clause tion or submission pending before the Food and serting ‘‘a section of this Act or the Public (iii) to read as follows: Drug Administration for a product for which an ‘‘(iii) Appropriate conditions with respect to Health Service Act referred to in paragraph authorization under this section is issued.’’; and collection and analysis of information con- (2)(A)’’; (9) by adding at the end the following: cerning the safety and effectiveness of the prod- (2) in subsection (b)— ‘‘(m) CATEGORIZATION OF LABORATORY TESTS uct with respect to the use of such product dur- (A) in the subsection heading, by striking ASSOCIATED WITH DEVICES SUBJECT TO AUTHOR- ing the period when the authorization is in ef- ‘‘EMERGENCY’’ and inserting ‘‘EMERGENCY OR IZATION.— fect and a reasonable time following such pe- THREAT JUSTIFYING EMERGENCY AUTHORIZED ‘‘(1) IN GENERAL.—In issuing an authorization riod.’’; USE’’; under this section with respect to a device, the (C) in paragraph (2)— (B) in paragraph (1)— Secretary may, subject to the provisions of this (i) in subparagraph (A)— section, determine that a laboratory examina- (i) in the matter preceding subparagraph (A), (I) by striking ‘‘manufacturer of the product’’ tion or procedure associated with such device by striking ‘‘may declare an emergency’’ and in- and inserting ‘‘person’’; shall be deemed, for purposes of section 353 of serting ‘‘may make a declaration that the cir- (II) by striking ‘‘circumstances of the emer- the Public Health Service Act, to be in a par- cumstances exist’’; gency’’ and inserting ‘‘applicable circumstances ticular category of examinations and procedures (ii) in subparagraph (A), by striking ‘‘speci- described in subsection (b)(1)’’; and fied’’; (III) by inserting at the end before the period (including the category described by subsection (iii) in subparagraph (B)— ‘‘or in paragraph (1)(B)’’; (d)(3) of such section) if, based on the totality of (I) by striking ‘‘specified’’; and (ii) in subparagraph (B)(i), by inserting before scientific evidence available to the Secretary— (II) by striking ‘‘; or’’ and inserting a semi- the period at the end ‘‘, except as provided in ‘‘(A) such categorization would be beneficial colon; section 564A with respect to authorized changes to protecting the public health; and ‘‘(B) the known and potential benefits of such (iv) by amending subparagraph (C) to read as to the product expiration date’’; and follows: (iii) by amending subparagraph (C) to read as categorization under the circumstances of the ‘‘(C) a determination by the Secretary that follows: authorization outweigh the known and poten- there is a public health emergency, or a signifi- ‘‘(C) In establishing conditions under this tial risks of the categorization. cant potential for a public health emergency, paragraph with respect to the distribution and ‘‘(2) CONDITIONS OF DETERMINATION.—The that affects, or has a significant potential to af- administration of the product for the unap- Secretary may establish appropriate conditions fect, national security or the health and secu- proved use, the Secretary shall not impose con- on the performance of the examination or proce- rity of United States citizens living abroad, and ditions that would restrict distribution or ad- dure pursuant to such determination. that involves a biological, chemical, radio- ministration of the product when distributed or ‘‘(3) EFFECTIVE PERIOD.—A determination logical, or nuclear agent or agents, or a disease administered for the approved use.’’; and under this subsection shall be effective for pur- or condition that may be attributable to such (D) by amending paragraph (3) to read as fol- poses of section 353 of the Public Health Service agent or agents; or’’; and lows: Act notwithstanding any other provision of that (v) by adding at the end the following: ‘‘(3) GOOD MANUFACTURING PRACTICE; PRE- section during the effective period of the rel- ‘‘(D) the identification of a material threat SCRIPTION.—With respect to the emergency use evant declaration under subsection (b).’’. pursuant to section 319F–2 of the Public Health of a product for which an authorization under (b) EMERGENCY USE OF MEDICAL PRODUCTS.— Service Act sufficient to affect national security this section is issued (whether an unapproved Subchapter E of chapter V of the Federal Food, or the health and security of United States citi- product or an unapproved use of an approved Drug, and Cosmetic Act (21 U.S.C. 360bbb et zens living abroad.’’; product), the Secretary may waive or limit, to seq.) is amended by inserting after section 564 (C) in paragraph (2)— the extent appropriate given the applicable cir- the following: (i) in subparagraph (A), by amending clause cumstances described in subsection (b)(1)— ‘‘SEC. 564A. EMERGENCY USE OF MEDICAL PROD- (ii) to read as follows: ‘‘(A) requirements regarding current good UCTS. ‘‘(ii) a change in the approval status of the manufacturing practice otherwise applicable to ‘‘(a) DEFINITIONS.—In this section: product such that the circumstances described the manufacture, processing, packing, or hold- ‘‘(1) ELIGIBLE PRODUCT.—The term ‘eligible in subsection (a)(2) have ceased to exist.’’; ing of products subject to regulation under this product’ means a product that— (ii) by striking subparagraph (B); and Act, including such requirements established ‘‘(A) is approved or cleared under this chapter (iii) by redesignating subparagraph (C) as under section 501 or 520(f)(1), and including rel- or licensed under section 351 of the Public subparagraph (B); evant conditions prescribed with respect to the Health Service Act; (D) in paragraph (4), by striking ‘‘advance product by an order under section 520(f)(2); ‘‘(B)(i) is intended for use to prevent, diag- notice of termination, and renewal under this ‘‘(B) requirements established under section nose, or treat a disease or condition involving a subsection.’’ and inserting ‘‘, and advance no- 503(b); and biological, chemical, radiological, or nuclear tice of termination under this subsection.’’; and ‘‘(C) requirements established under section agent or agents; or (E) by adding at the end the following: 520(e).’’; ‘‘(ii) is intended for use to prevent, diagnose, ‘‘(5) EXPLANATION BY SECRETARY.—If an au- (6) in subsection (g)— or treat a serious or life-threatening disease or thorization under this section with respect to an (A) in the subsection heading, by inserting condition caused by a product described in unapproved product or an unapproved use of an ‘‘REVIEW AND’’ before ‘‘REVOCATION’’; clause (i); and approved product has been in effect for more (B) in paragraph (1), by inserting after the pe- ‘‘(C) is intended for use during the cir- than 1 year, the Secretary shall provide in writ- riod at the end the following: ‘‘As part of such cumstances under which—

VerDate Mar 15 2010 00:33 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 7634 Sfmt 6333 E:\CR\FM\A04MR7.003 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 4, 2013 CONGRESSIONAL RECORD — HOUSE H829 ‘‘(i) a determination described in subpara- (as defined in section 564(a)(2)(A)) and shall not ‘‘(B) is authorized for investigational use graph (A), (B), or (C) of section 564(b)(1) has be deemed adulterated or misbranded under this under section 505 or 520 of this Act or section 351 been made by the Secretary of Homeland Secu- Act because it is dispensed without an indi- of the Public Health Service Act; or rity, the Secretary of Defense, or the Secretary, vidual prescription, if— ‘‘(C) is authorized for use under section 564.’’. respectively; or ‘‘(1) the product is dispensed during the cir- SEC. 303. DEFINITIONS. ‘‘(ii) the identification of a material threat de- cumstances described in subsection (a)(1)(C); Section 565 of the Federal Food, Drug, and scribed in subparagraph (D) of section 564(b)(1) and Cosmetic Act (21 U.S.C. 360bbb–4) is amended by has been made pursuant to section 319F–2 of the ‘‘(2) such dispensing without an individual striking ‘‘The Secretary, in consultation’’ and Public Health Service Act. prescription occurs— inserting the following: ‘‘(A) as permitted under the law of the State ‘‘(2) PRODUCT.—The term ‘product’ means a ‘‘(a) DEFINITIONS.—In this section— drug, device, or biological product. in which the product is dispensed; or ‘‘(B) in accordance with an order issued by ‘‘(1) the term ‘countermeasure’ means a quali- ‘‘(b) EXPIRATION DATING.— fied countermeasure, a security countermeasure, ‘‘(1) IN GENERAL.—The Secretary may extend the Secretary, for the purposes and duration of the circumstances described in subsection and a qualified pandemic or epidemic product; the expiration date and authorize the introduc- ‘‘(2) the term ‘qualified countermeasure’ has (a)(1)(C). tion or delivery for introduction into interstate the meaning given such term in section 319F–1 commerce of an eligible product after the expira- ‘‘(e) EMERGENCY USE INSTRUCTIONS.— ‘‘(1) IN GENERAL.—The Secretary, acting of the Public Health Service Act; tion date provided by the manufacturer if— ‘‘(3) the term ‘security countermeasure’ has ‘‘(A) the expiration date extension is intended through an appropriate official within the De- partment of Health and Human Services, may the meaning given such term in section 319F–2 to support the United States ability to protect— of such Act; and ‘‘(i) the public health; or create and issue emergency use instructions to ‘‘(4) the term ‘qualified pandemic or epidemic ‘‘(ii) military preparedness and effectiveness; inform health care providers or individuals to product’ means a product that meets the defini- and whom an eligible product is to be administered tion given such term in section 319F–3 of the ‘‘(B) the expiration date extension is sup- concerning such product’s approved, licensed, Public Health Service Act and— ported by an appropriate scientific evaluation or cleared conditions of use. ‘‘(A) that has been identified by the Depart- that is conducted or accepted by the Secretary. ‘‘(2) EFFECT.—Notwithstanding any other ment of Health and Human Services or the De- ‘‘(2) REQUIREMENTS AND CONDITIONS.—Any provisions of this Act or the Public Health Serv- partment of Defense as receiving funding di- extension of an expiration date under para- ice Act, a product shall not be considered an un- rectly related to addressing chemical, biological, graph (1) shall, as part of the extension, iden- approved product and shall not be deemed adul- radiological, or nuclear threats, including pan- tify— terated or misbranded under this Act because of ‘‘(A) each specific lot, batch, or other unit of the issuance of emergency use instructions demic influenza; or the product for which extended expiration is au- under paragraph (1) with respect to such prod- ‘‘(B) is included under this paragraph pursu- thorized; uct or the introduction or delivery for introduc- ant to a determination by the Secretary. ‘‘(B) the duration of the extension; and tion of such product into interstate commerce ‘‘(b) GENERAL DUTIES.—The Secretary, in con- ‘‘(C) any other requirements or conditions as accompanied by such instructions— sultation’’. the Secretary may deem appropriate for the pro- ‘‘(A) during an emergency response to an ac- SEC. 304. ENHANCING MEDICAL COUNTER- tection of the public health, which may include tual emergency that is the basis for a determina- MEASURE ACTIVITIES. requirements for, or conditions on, product sam- tion described in subsection (a)(1)(C)(i); or Section 565 of the Federal Food, Drug, and pling, storage, packaging or repackaging, trans- ‘‘(B) by a government entity (including a Fed- Cosmetic Act (21 U.S.C. 360bbb–4), as amended port, labeling, notice to product recipients, rec- eral, State, local, or tribal government entity), by section 303, is further amended— ordkeeping, periodic testing or retesting, or or a person acting on behalf of such a govern- (1) in the section heading, by striking ‘‘TECH- product disposition. ment entity, in preparation for an emergency re- NICAL ASSISTANCE’’ and inserting ‘‘COUN- ‘‘(3) EFFECT.—Notwithstanding any other sponse.’’. TERMEASURE DEVELOPMENT, REVIEW, provision of this Act or the Public Health Serv- (c) RISK EVALUATION AND MITIGATION STRAT- AND TECHNICAL ASSISTANCE’’; ice Act, an eligible product shall not be consid- EGIES.—Section 505–1 of the Federal Food, Drug, (2) in subsection (b), by striking the subsection ered an unapproved product (as defined in sec- and Cosmetic Act (21 U.S.C. 355–1), is amend- enumerator and all that follows through ‘‘shall tion 564(a)(2)(A)) and shall not be deemed adul- ed— establish’’ and inserting the following: (1) in subsection (f), by striking paragraph (7); terated or misbranded under this Act because, ‘‘(b) GENERAL DUTIES.—In order to accelerate and with respect to such product, the Secretary has, the development, stockpiling, approval, licen- (2) by adding at the end the following: under paragraph (1), extended the expiration sure, and clearance of qualified counter- ‘‘(k) WAIVER IN PUBLIC HEALTH EMER- date and authorized the introduction or delivery measures, security countermeasures, and quali- GENCIES.—The Secretary may waive any re- fied pandemic or epidemic products, the Sec- for introduction into interstate commerce of quirement of this section with respect to a quali- such product after the expiration date provided retary, in consultation with the Assistant Sec- fied countermeasure (as defined in section 319F– retary for Preparedness and Response, shall— by the manufacturer. 1(a)(2) of the Public Health Service Act) to ‘‘(4) EXPIRATION DATE.—For purposes of this ‘‘(1) ensure the appropriate involvement of which a requirement under this section has been Food and Drug Administration personnel in subsection, the term ‘expiration date’ means the applied, if the Secretary determines that such date established through appropriate stability interagency activities related to countermeasure waiver is required to mitigate the effects of, or advanced research and development, consistent testing required by the regulations issued by the reduce the severity of, the circumstances under Secretary to ensure that the product meets ap- with sections 319F, 319F–1, 319F–2, 319F–3, 319L, which— and 2811 of the Public Health Service Act; plicable standards of identity, strength, quality, ‘‘(1) a determination described in subpara- ‘‘(2) ensure the appropriate involvement and and purity at the time of use. graph (A), (B), or (C) of section 564(b)(1) has consultation of Food and Drug Administration ‘‘(c) CURRENT GOOD MANUFACTURING PRAC- been made by the Secretary of Homeland Secu- personnel in any flexible manufacturing activi- TICE.— rity, the Secretary of Defense, or the Secretary, ties carried out under section 319L of the Public ‘‘(1) IN GENERAL.—The Secretary may, when respectively; or the circumstances of a domestic, military, or ‘‘(2) the identification of a material threat de- Health Service Act, including with respect to public health emergency or material threat de- scribed in subparagraph (D) of section 564(b)(1) meeting regulatory requirements set forth in this scribed in subsection (a)(1)(C) so warrant, au- has been made pursuant to section 319F–2 of the Act; thorize, with respect to an eligible product, devi- Public Health Service Act.’’. ‘‘(3) promote countermeasure expertise within ations from current good manufacturing prac- (d) PRODUCTS HELD FOR EMERGENCY USE.— the Food and Drug Administration by— tice requirements otherwise applicable to the The Federal Food, Drug, and Cosmetic Act (21 ‘‘(A) ensuring that Food and Drug Adminis- manufacture, processing, packing, or holding of U.S.C. 301 et seq.) is amended by inserting after tration personnel involved in reviewing counter- products subject to regulation under this Act, section 564A, as added by subsection (b), the fol- measures for approval, licensure, or clearance including requirements under section 501 or lowing: are informed by the Assistant Secretary for Pre- 520(f)(1) or applicable conditions prescribed with ‘‘SEC. 564B. PRODUCTS HELD FOR EMERGENCY paredness and Response on the material threat respect to the eligible product by an order under USE. assessment conducted under section 319F–2 of section 520(f)(2). ‘‘It is not a violation of any section of this Act the Public Health Service Act for the agent or ‘‘(2) EFFECT.—Notwithstanding any other or of the Public Health Service Act for a govern- agents for which the countermeasure under re- provision of this Act or the Public Health Serv- ment entity (including a Federal, State, local, or view is intended; ice Act, an eligible product shall not be consid- tribal government entity), or a person acting on ‘‘(B) training Food and Drug Administration ered an unapproved product (as defined in sec- behalf of such a government entity, to introduce personnel regarding review of countermeasures tion 564(a)(2)(A)) and shall not be deemed adul- into interstate commerce a product (as defined for approval, licensure, or clearance; terated or misbranded under this Act because, in section 564(a)(4)) intended for emergency use, ‘‘(C) holding public meetings at least twice with respect to such product, the Secretary has if that product— annually to encourage the exchange of scientific authorized deviations from current good manu- ‘‘(1) is intended to be held and not used; and ideas; and facturing practices under paragraph (1). ‘‘(2) is held and not used, unless and until ‘‘(D) establishing protocols to ensure that ‘‘(d) EMERGENCY DISPENSING.—The require- that product— countermeasure reviewers have sufficient train- ments of sections 503(b) and 520(e) shall not ‘‘(A) is approved, cleared, or licensed under ing or experience with countermeasures; apply to an eligible product, and the product section 505, 510(k), or 515 of this Act or section ‘‘(4) maintain teams, composed of Food and shall not be considered an unapproved product 351 of the Public Health Service Act; Drug Administration personnel with expertise

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REGULATORY MANAGEMENT PLANS. protocols for review under section 505(b)(5)(B); that may use countermeasures, as applicable Section 565 of the Federal Food, Drug, and ‘‘(E) feedback from the Secretary regarding and appropriate), classes or groups of counter- Cosmetic Act (21 U.S.C. 360bbb–4), as amended any gaps in scientific knowledge that will need measures, or other countermeasure-related tech- by section 304, is further amended by adding at resolution prior to approval, licensure, or clear- nologies and capabilities, that shall— the end the following: ance of the eligible countermeasure and plans ‘‘(A) consult with countermeasure experts, in- ‘‘(f) REGULATORY MANAGEMENT PLAN.— for conducting the necessary scientific research; cluding countermeasure sponsors and appli- ‘‘(1) DEFINITION.—In this subsection, the term ‘‘(F) identification of the population for cants, to identify and help resolve scientific ‘eligible countermeasure’ means— which the countermeasure sponsor or applicant issues related to the approval, licensure, or ‘‘(A) a security countermeasure with respect seeks approval, licensure, or clearance and the clearance of countermeasures, through work- to which the Secretary has entered into a pro- population for which desired labeling would not shops or public meetings; and curement contract under section 319F–2(c) of the be appropriate, if known; and ‘‘(B) improve and advance the science relating Public Health Service Act; or ‘‘(G) as necessary and appropriate, and to the to the development of new tools, standards, and ‘‘(B) a countermeasure with respect to which extent practicable, a plan for demonstrating approaches to assessing and evaluating counter- the Biomedical Advanced Research and Devel- safety and effectiveness in pediatric popu- measures— opment Authority has provided funding under lations, and for developing pediatric dosing, for- ‘‘(i) in order to inform the process for counter- section 319L of the Public Health Service Act for mulation, and administration with respect to measure approval, clearance, and licensure; and advanced research and development. the eligible countermeasure, provided that such ‘‘(ii) with respect to the development of coun- ‘‘(2) REGULATORY MANAGEMENT PLAN PROC- plan would not delay authorization under sec- termeasures for populations with special clinical ESS.—The Secretary, in consultation with the tion 564, approval, licensure, or clearance for needs, including children and pregnant women, Assistant Secretary for Preparedness and Re- adults. in order to meet the needs of such populations, sponse and the Director of the Biomedical Ad- ‘‘(6) PRIORITIZATION.— as necessary and appropriate; and vanced Research and Development Authority, ‘‘(A) PLANS FOR SECURITY COUNTER- ‘‘(5) establish’’; and shall establish a formal process for obtaining MEASURES.—The Secretary shall establish regu- (3) by adding at the end the following: scientific feedback and interactions regarding latory management plans for all security coun- ‘‘(c) FINAL GUIDANCE ON DEVELOPMENT OF the development and regulatory review of eligi- termeasures for which a request is submitted ANIMAL MODELS.— under paragraph (3)(A). ‘‘(1) IN GENERAL.—Not later than 1 year after ble countermeasures by facilitating the develop- ‘‘(B) PLANS FOR OTHER ELIGIBLE COUNTER- the date of the enactment of the Pandemic and ment of written regulatory management plans in accordance with this subsection. MEASURES.—The Secretary shall determine All-Hazards Preparedness Reauthorization Act whether resources are available to establish reg- of 2013, the Secretary shall provide final guid- ‘‘(3) SUBMISSION OF REQUEST AND PROPOSED PLAN BY SPONSOR OR APPLICANT.— ulatory management plans for eligible counter- ance to industry regarding the development of measures that are not security countermeasures. animal models to support approval, clearance, ‘‘(A) IN GENERAL.—A sponsor or applicant of an eligible countermeasure may initiate the If resources are available to establish regulatory or licensure of countermeasures referred to in management plans for eligible countermeasures subsection (a) when human efficacy studies are process described under paragraph (2) upon sub- mission of a written request to the Secretary. that are not security countermeasures, and if re- not ethical or feasible. sources are not available to establish regulatory ‘‘(2) AUTHORITY TO EXTEND DEADLINE.—The Such request shall include a proposed regu- management plans for all eligible counter- Secretary may extend the deadline for providing latory management plan. measures for which requests have been sub- final guidance under paragraph (1) by not more ‘‘(B) TIMING OF SUBMISSION.—A sponsor or mitted, the Director of the Biomedical Advanced than 6 months upon submission by the Secretary applicant may submit a written request under Research and Development Authority, in con- of a report on the status of such guidance to the subparagraph (A) after the eligible counter- sultation with the Commissioner, shall prioritize Committee on Energy and Commerce of the measure has an investigational new drug or in- which eligible countermeasures may receive reg- House of Representatives and the Committee on vestigational device exemption in effect. ulatory management plans.’’. Health, Education, Labor, and Pensions of the ‘‘(C) RESPONSE BY SECRETARY.—The Secretary Senate. shall direct the Food and Drug Administration, SEC. 306. REPORT. ‘‘(d) DEVELOPMENT AND ANIMAL MODELING upon submission of a written request by a spon- Section 565 of the Federal Food, Drug, and PROCEDURES.— sor or applicant under subparagraph (A), to Cosmetic Act (21 U.S.C. 360bbb–4), as amended ‘‘(1) AVAILABILITY OF ANIMAL MODEL MEET- work with the sponsor or applicant to agree on by section 305, is further amended by adding at INGS.—To facilitate the timely development of a regulatory management plan within a reason- the end the following: animal models and support the development, able time not to exceed 90 days. If the Secretary ‘‘(g) ANNUAL REPORT.—Not later than 180 stockpiling, licensure, approval, and clearance determines that no plan can be agreed upon, the days after the date of enactment of this sub- of countermeasures, the Secretary shall, not Secretary shall provide to the sponsor or appli- section, and annually thereafter, the Secretary later than 180 days after the enactment of this cant, in writing, the scientific or regulatory ra- shall make publicly available on the Web site of subsection, establish a procedure by which a tionale why such agreement cannot be reached. the Food and Drug Administration a report that sponsor or applicant that is developing a coun- ‘‘(4) PLAN.—The content of a regulatory man- details the countermeasure development and re- termeasure for which human efficacy studies agement plan agreed to by the Secretary and a view activities of the Food and Drug Adminis- are not ethical or practicable, and that has an sponsor or applicant shall include— tration, including— approved investigational new drug application ‘‘(A) an agreement between the Secretary and ‘‘(1) with respect to the development of new or investigational device exemption, may request the sponsor or applicant regarding develop- tools, standards, and approaches to assess and and receive— mental milestones that will trigger responses by evaluate countermeasures— ‘‘(A) a meeting to discuss proposed animal the Secretary as described in subparagraph (B); ‘‘(A) the identification of the priorities of the model development activities; and ‘‘(B) performance targets and goals for timely Food and Drug Administration and the progress ‘‘(B) a meeting prior to initiating pivotal ani- and appropriate responses by the Secretary to made on such priorities; and mal studies. the triggers described under subparagraph (A), ‘‘(B) the identification of scientific gaps that ‘‘(2) PEDIATRIC MODELS.—To facilitate the de- including meetings between the Secretary and impede the development, approval, licensure, or velopment and selection of animal models that the sponsor or applicant, written feedback, deci- clearance of countermeasures for populations could translate to pediatric studies, any meeting sions by the Secretary, and other activities car- with special clinical needs, including children conducted under paragraph (1) shall include ried out as part of the development and review and pregnant women, and the progress made on discussion of animal models for pediatric popu- process; and resolving these challenges; lations, as appropriate. ‘‘(C) an agreement on how the plan shall be ‘‘(2) with respect to countermeasures for ‘‘(e) REVIEW AND APPROVAL OF COUNTER- modified, if needed. which a regulatory management plan has been MEASURES.— ‘‘(5) MILESTONES AND PERFORMANCE TAR- agreed upon under subsection (f), the extent to ‘‘(1) MATERIAL THREAT.—When evaluating an GETS.—The developmental milestones described which the performance targets and goals set application or submission for approval, licen- in paragraph (4)(A) and the performance targets forth in subsection (f)(4)(B) and the regulatory sure, or clearance of a countermeasure, the Sec- and goals described in paragraph (4)(B) shall management plan have been met, including, for retary shall take into account the material include— each such countermeasure— threat posed by the chemical, biological, radio- ‘‘(A) feedback from the Secretary regarding ‘‘(A) whether the regulatory management logical, or nuclear agent or agents identified the data required to support the approval, clear- plan was completed within the required time- under section 319F–2 of the Public Health Serv- ance, or licensure of the eligible countermeasure frame, and the length of time taken to complete ice Act for which the countermeasure under re- involved; such plan; view is intended. ‘‘(B) feedback from the Secretary regarding ‘‘(B) whether the Secretary adhered to the ‘‘(2) REVIEW EXPERTISE.—When practicable the data necessary to inform any authorization timely and appropriate response times set forth and appropriate, teams of Food and Drug Ad- under section 564; in such plan; and ministration personnel reviewing applications or ‘‘(C) feedback from the Secretary regarding ‘‘(C) explanations for any failure to meet such submissions described under paragraph (1) shall the data necessary to support the positioning performance targets and goals; include a reviewer with sufficient training or ex- and delivery of the eligible countermeasure, in- ‘‘(3) the number of regulatory teams estab- perience with countermeasures pursuant to the cluding to the Strategic National Stockpile; lished pursuant to subsection (b)(4), the number

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of products, classes of products, or technologies metabolism of drugs and biologics in children, ‘‘(viii) FLEXIBILITY.—In carrying out this sec- assigned to each such team, and the number of, and pediatric clinical trials; tion, the Secretary may, consistent with the ap- type of, and any progress made as a result of ‘‘(ii) particular pediatric diseases, disorders or plicable provisions of this section, enter into consultations carried out under subsection conditions where more complete knowledge and contracts and other agreements that are in the (b)(4)(A); testing of therapeutics, including drugs and bio- best interest of the Government in meeting iden- ‘‘(4) an estimate of resources obligated to logics, may be beneficial in pediatric popu- tified security countermeasure needs, including countermeasure development and regulatory as- lations; and with respect to reimbursement of the cost of ad- sessment, including— ‘‘(iii) the adequacy of necessary infrastructure vanced research and development as a reason- ‘‘(A) Center-specific objectives and accom- to conduct pediatric pharmacological research, able, allowable, and allocable direct cost of the plishments; and including research networks and trained pedi- contract involved.’’. ‘‘(B) the number of full-time equivalent em- atric investigators; and (b) REAUTHORIZATION OF THE SPECIAL RE- ployees of the Food and Drug Administration ‘‘(B) may consider the availability of qualified SERVE FUND.—Section 319F–2 of the Public who directly support the review of counter- countermeasures (as defined in section 319F–1), Health Service Act (42 U.S.C. 247d–6b) is amend- measures; security countermeasures (as defined in section ed— ‘‘(5) the number of countermeasure applica- 319F–2), and qualified pandemic or epidemic (1) in subsection (c)— tions and submissions submitted, the number of products (as defined in section 319F–3) to ad- (A) by striking ‘‘special reserve fund under countermeasures approved, licensed, or cleared, dress the needs of pediatric populations, in con- paragraph (10)’’ each place it appears and in- the status of remaining submitted applications sultation with the Assistant Secretary for Pre- serting ‘‘special reserve fund as defined in sub- and submissions, and the number of each type paredness and Response, consistent with the section (h)’’; and of authorization issued pursuant to section 564; purposes of this section.’’; and (B) by striking paragraphs (9) and (10); and (2) by adding at the end the following: ‘‘(6) the number of written requests for a regu- (2) in subsection (b), by striking ‘‘subsection latory management plan submitted under sub- ‘‘(g) SPECIAL RESERVE FUND.— (a)’’ and inserting ‘‘paragraphs (1) and (2)(A) of ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—In section (f)(3)(A), the number of regulatory man- subsection (a)’’. addition to amounts appropriated to the special agement plans developed, and the number of (c) ADVICE AND RECOMMENDATIONS OF THE reserve fund prior to the date of the enactment such plans developed for security counter- PEDIATRIC ADVISORY COMMITTEE REGARDING of this subsection, there is authorized to be ap- measures; and COUNTERMEASURES FOR PEDIATRIC POPU- propriated, for the procurement of security ‘‘(7) the number, type, and frequency of meet- LATIONS.—Subsection (b)(2) of section 14 of the countermeasures under subsection (c) and for ings between the Food and Drug Administration Best Pharmaceuticals for Children Act (42 carrying out section 319L (relating to the Bio- and— U.S.C. 284m note) is amended— medical Advanced Research and Development ‘‘(A) sponsors of a countermeasure as defined (1) in subparagraph (C), by striking the period in subsection (a); or Authority), $2,800,000,000 for the period of fiscal and inserting ‘‘; and’’; and years 2014 through 2018. Amounts appropriated ‘‘(B) another agency engaged in development (2) by adding at the end the following: or management of portfolios for such counter- pursuant to the preceding sentence are author- ‘‘(D) the development of countermeasures (as ized to remain available until September 30, measures, including the Centers for Disease defined in section 565(a) of the Federal Food, Control and Prevention, the Biomedical Ad- 2019. Drug, and Cosmetic Act) for pediatric popu- ‘‘(2) USE OF SPECIAL RESERVE FUND FOR AD- vanced Research and Development Authority, lations.’’. VANCED RESEARCH AND DEVELOPMENT.—The Sec- the National Institutes of Health, and the ap- retary may utilize not more than 50 percent of propriate agencies of the Department of De- TITLE IV—ACCELERATING MEDICAL the amounts authorized to be appropriated fense.’’. COUNTERMEASURE ADVANCED RE- SEARCH AND DEVELOPMENT under paragraph (1) to carry out section 319L SEC. 307. PEDIATRIC MEDICAL COUNTER- (related to the Biomedical Advanced Research MEASURES. SEC. 401. BIOSHIELD. and Development Authority). Amounts author- (a) PEDIATRIC STUDIES OF DRUGS.—Section (a) PROCUREMENT OF COUNTERMEASURES.— ized to be appropriated under this subsection to 505A of the Federal Food, Drug, and Cosmetic Section 319F–2(c) of the Public Health Service carry out section 319L are in addition to Act (21 U.S.C. 355a) is amended— Act (42 U.S.C. 247d–6b(c)) is amended— amounts otherwise authorized to be appro- (1) in subsection (d), by adding at the end the (1) in paragraph (1)(B)(i)(III)(bb), by striking priated to carry out such section. following: ‘‘eight years’’ and inserting ‘‘10 years’’; ‘‘(3) RESTRICTIONS ON USE OF FUNDS.— ‘‘(5) CONSULTATION.—With respect to a drug (2) in paragraph (2)(C), by striking ‘‘the des- Amounts in the special reserve fund shall not be that is a qualified countermeasure (as defined in ignated congressional committees (as defined in used to pay costs other than payments made by section 319F–1 of the Public Health Service Act), paragraph (10))’’ and inserting ‘‘the appropriate the Secretary to a vendor for advanced develop- a security countermeasure (as defined in section committees of Congress’’; ment (under section 319L) or for procurement of 319F–2 of the Public Health Service Act), or a (3) in paragraph (5)(B)(ii), by striking ‘‘eight a security countermeasure under subsection qualified pandemic or epidemic product (as de- years’’ and inserting ‘‘10 years’’; (c)(7). fined in section 319F–3 of the Public Health (4) in subparagraph (C) of paragraph (6)— ‘‘(4) REPORT.—Not later than 30 days after (A) in the subparagraph heading, by striking Service Act), the Secretary shall solicit input any date on which the Secretary determines ‘‘DESIGNATED CONGRESSIONAL COMMITTEES’’ and from the Assistant Secretary for Preparedness that the amount of funds in the special reserve inserting ‘‘APPROPRIATE CONGRESSIONAL COM- and Response regarding the need for and, from fund available for procurement is less than MITTEES’’; and the Director of the Biomedical Advanced Re- $1,500,000,000, the Secretary shall submit to the (B) by striking ‘‘the designated congressional search and Development Authority regarding appropriate committees of Congress a report de- committees’’ and inserting ‘‘the appropriate con- the conduct of, pediatric studies under this sec- tailing the amount of such funds available for gressional committees’’; and tion.’’; and procurement and the impact such reduction in (2) in subsection (n)(1), by adding at the end (5) in paragraph (7)(C)— funding will have— (A) in clause (i)(I), by inserting ‘‘including the following: ‘‘(A) in meeting the security countermeasure advanced research and development,’’ after ‘‘as ‘‘(C) For a drug that is a qualified counter- needs identified under this section; and measure (as defined in section 319F–1 of the may reasonably be required,’’; ‘‘(B) on the annual Public Health Emergency Public Health Service Act), a security counter- (B) in clause (ii)— Medical Countermeasures Enterprise and Strat- measure (as defined in section 319F–2 of the (i) in subclause (III), by striking ‘‘eight egy Implementation Plan (pursuant to section Public Health Service Act), or a qualified pan- years’’ and inserting ‘‘10 years’’; and 2811(d)). demic or epidemic product (as defined in section (ii) by striking subclause (IX) and inserting ‘‘(h) DEFINITIONS.—In this section: 319F–3 of such Act), in addition to any action the following: ‘‘(1) The term ‘advanced research and devel- with respect to such drug under subparagraph ‘‘(IX) CONTRACT TERMS.—The Secretary, in opment’ has the meaning given such term in sec- (A) or (B), the Secretary shall notify the Assist- any contract for procurement under this sec- tion 319L(a). ant Secretary for Preparedness and Response tion— ‘‘(2) The term ‘special reserve fund’ means the and the Director of the Biomedical Advanced ‘‘(aa) may specify— ‘Biodefense Countermeasures’ appropriations Research and Development Authority of all pe- ‘‘(AA) the dosing and administration require- account, any appropriation made available pur- diatric studies in the written request issued by ments for the countermeasure to be developed suant to section 521(a) of the Homeland Security the Commissioner of Food and Drugs.’’. and procured; Act of 2002, and any appropriation made avail- (b) ADDITION TO PRIORITY LIST CONSIDER- ‘‘(BB) the amount of funding that will be able pursuant to subsection (g)(1).’’. ATIONS.—Section 409I of the Public Health Serv- dedicated by the Secretary for advanced re- SEC. 402. BIOMEDICAL ADVANCED RESEARCH ice Act (42 U.S.C. 284m) is amended— search, development, and procurement of the AND DEVELOPMENT AUTHORITY. (1) by striking subsection (a)(2) and inserting countermeasure; and (a) DUTIES.—Section 319L(c)(4) of the Public the following: ‘‘(CC) the specifications the countermeasure Health Service Act (42 U.S.C. 247d–7e(c)(4)) is ‘‘(2) CONSIDERATION OF AVAILABLE INFORMA- must meet to qualify for procurement under a amended— TION.—In developing and prioritizing the list contract under this section; and (1) in subparagraph (B)(iii), by inserting under paragraph (1), the Secretary— ‘‘(bb) shall provide a clear statement of de- ‘‘(which may include advanced research and de- ‘‘(A) shall consider— fined Government purpose limited to uses re- velopment for purposes of fulfilling requirements ‘‘(i) therapeutic gaps in pediatrics that may lated to a security countermeasure, as defined under the Federal Food, Drug, and Cosmetic include developmental pharmacology, in paragraph (1)(B).’’; and Act or section 351 of this Act)’’ after ‘‘develop- pharmacogenetic determinants of drug response, (C) by adding at the end the following: ment’’; and

VerDate Mar 15 2010 00:33 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 7634 Sfmt 6333 E:\CR\FM\A04MR7.003 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H832 CONGRESSIONAL RECORD — HOUSE March 4, 2013 (2) in subparagraph (D)(iii), by striking ‘‘and ‘‘(iii) is a product or technology intended to The Chair recognizes the gentleman vaccine manufacturing technologies’’ and in- enhance the use or effect of a drug, biological from Pennsylvania. serting ‘‘vaccine-manufacturing technologies, product, or device described in clause (i) or GENERAL LEAVE dose-sparing technologies, efficacy-increasing (ii).’’. technologies, and platform technologies’’. (2) QUALIFIED PANDEMIC OR EPIDEMIC PROD- Mr. PITTS. Mr. Speaker, I ask unani- (b) TRANSACTION AUTHORITIES.—Section UCT.—Section 319F–3(i)(7)(A) of the Public mous consent that all Members may 319L(c)(5) of the Public Health Service Act (42 Health Service Act (42 U.S.C. 247d–6d(i)(7)(A)) is have 5 legislative days in which to re- U.S.C. 247d–7e(c)(5)) is amended by adding at amended— vise and extend their remarks and in- the end the following: (A) in clause (i)(II), by striking ‘‘; or’’ and in- sert extraneous materials in the ‘‘(G) GOVERNMENT PURPOSE.—In awarding serting ‘‘;’’; RECORD on the bill. contracts, grants, and cooperative agreements (B) in clause (ii), by striking ‘‘; and’’ and in- under this section, the Secretary shall provide a serting ‘‘; or’’; and The SPEAKER pro tempore. Is there clear statement of defined Government purpose (C) by adding at the end the following: objection to the request of the gen- related to activities included in subsection ‘‘(iii) a product or technology intended to en- tleman from Pennsylvania? (a)(6)(B) for a qualified countermeasure or hance the use or effect of a drug, biological There was no objection. qualified pandemic or epidemic product.’’. product, or device described in clause (i) or (ii); Mr. PITTS. Mr. Speaker, I yield my- (c) FUND.—Paragraph (2) of section 319L(d) of and’’. (3) TECHNICAL AMENDMENTS.—Section 319F– self such time as I may consume. the Public Health Service Act (42 U.S.C. 247d– H.R. 307, the Pandemic and All-Haz- 7e(d)(2)) is amended to read as follows: 3(i) of the Public Health Service Act (42 U.S.C. ‘‘(2) FUNDING.—To carry out the purposes of 247d–6d(i)) is amended— ards Preparedness Reauthorization Act this section, there is authorized to be appro- (A) in paragraph (1)(C), by inserting ‘‘, 564A, of 2013, introduced by my colleague priated to the Fund $415,000,000 for each of fis- or 564B’’ after ‘‘564’’; and MIKE ROGERS from Michigan, would re- cal years 2014 through 2018, such amounts to re- (B) in paragraph (7)(B)(iii), by inserting ‘‘, authorize programs designed to foster 564A, or 564B’’ after ‘‘564’’. main available until expended.’’. the development of medical counter- (d) CONTINUED INAPPLICABILITY OF CERTAIN SEC. 403. STRATEGIC NATIONAL STOCKPILE. Section 319F–2 of the Public Health Service measures and strengthen the Nation’s PROVISIONS.—Section 319L(e)(1)(C) of the Public preparedness infrastructure. These pro- Health Service Act (42 U.S.C. 247d–7e(e)(1)(C)) is Act (42 U.S.C. 247d–6b) is amended— amended by striking ‘‘7 years’’ and inserting ‘‘12 (1) in subsection (a)— grams are essential to helping our Na- years’’. (A) in paragraph (1)— tion prepare for public health emer- (e) EXTENSION OF LIMITED ANTITRUST EXEMP- (i) by inserting ‘‘consistent with section 2811’’ gencies, including those caused by ter- TION.— before ‘‘by the Secretary to be appropriate’’; and rorist attacks. (ii) by inserting before the period at the end of (1) IN GENERAL.—Section 405(b) of the Pan- H.R. 307 reauthorizes programs for 5 demic and All-Hazards Preparedness Act (42 the second sentence the following: ‘‘and shall submit such review annually to the appropriate years at the fiscal year 2012 appro- U.S.C. 247d–6a note) is amended by striking ‘‘6- priated level and does not create a new year’’ and inserting ‘‘12-year’’. congressional committees of jurisdiction to the program, nor increase the authoriza- (2) EFFECTIVE DATE.—This subsection shall extent that disclosure of such information does take effect as if enacted on December 17, 2012. not compromise national security’’; and tion for appropriations for an existing (B) in paragraph (2)(D), by inserting before (f) INDEPENDENT EVALUATION.—Section 319L program. According to the Congres- of the Public Health Service Act (42 U.S.C. 247d– the semicolon at the end the following: ‘‘and sional Budget Office, the bill does not 7e) is amended by adding at the end the fol- that the potential depletion of countermeasures increase spending. lowing: currently in the stockpile is identified and ap- propriately addressed, including through nec- Congress originally enacted the pro- ‘‘(f) INDEPENDENT EVALUATION.— grams reauthorized in H.R. 307 through ‘‘(1) IN GENERAL.—Not later than 180 days essary replenishment’’; and after the date of enactment of this subsection, (2) in subsection (f)(1), by striking the Project Bioshield Act of 2004 and the Comptroller General of the United States ‘‘$640,000,000 for fiscal year 2002, and such sums the Pandemic and All-Hazards Pre- shall conduct an independent evaluation of the as may be necessary for each of fiscal years 2003 paredness Act of 2006. Project Bioshield activities carried out to facilitate flexible manu- through 2006. Such authorization is in addition authorized funds for the purchase of facturing capacity pursuant to this section. to amounts in the special reserve fund referred medical countermeasures through the to in subsection (c)(10)(A).’’ and inserting ‘‘(2) REPORT.—Not later than 1 year after the Special Reserve Fund and enabled the date of enactment of this subsection, the Comp- ‘‘$533,800,000 for each of fiscal years 2014 through 2018. Such authorization is in addition Secretary of Health and Human Serv- troller General of the United States shall submit ices to authorize the emergency use of to the appropriate committees of Congress a re- to amounts in the special reserve fund referred port concerning the results of the evaluation to in subsection (h).’’. medical products. conducted under paragraph (1). Such report SEC. 404. NATIONAL BIODEFENSE SCIENCE The original PAHPA bill created the shall review and assess— BOARD. Biodefense Advanced Research and De- ‘‘(A) the extent to which flexible manufac- Section 319M(a) of the Public Health Service velopment Authority within HHS to turing capacity under this section is dedicated Act (42 U.S.C. 247d–f(a)) is amended— help with the development of medical to chemical, biological, radiological, and nu- (1) in paragraph (2)— (A) in subparagraph (D)— countermeasures and increase commu- clear threats; (i) in clause (i), by striking ‘‘and’’ at the end; nications between HHS and the devel- ‘‘(B) the activities supported by flexible manu- (ii) in clause (ii), by striking the period and opers of MCMs. facturing initiatives; and inserting a semicolon; and ‘‘(C) the ability of flexible manufacturing ac- The House passed H.R. 307 back in (iii) by adding at the end the following: January. The Senate made some minor tivities carried out under this section to— ‘‘(iii) one such member shall be an individual ‘‘(i) secure and leverage leading technical ex- with pediatric subject matter expertise; and changes to the bill and passed it by pertise with respect to countermeasure advanced ‘‘(iv) one such member shall be a State, tribal, unanimous consent last week. research, development, and manufacturing proc- territorial, or local public health official.’’; and I would like to commend Chairman esses; and (B) by adding at the end the following flush UPTON, Mr. ROGERS, Mr. WAXMAN, and ‘‘(ii) meet the surge manufacturing capacity sentence: needs presented by novel and emerging threats, Mr. PALLONE for their work on the bill. ‘‘Nothing in this paragraph shall preclude a I also would like to thank Senator including chemical, biological, radiological, and member of the Board from satisfying two or nuclear agents.’’. more of the requirements described in subpara- HARKIN, Senator ALEXANDER, Senator (g) DEFINITIONS.— graph (D).’’; and ENZI, and Senator BURR for their lead- (1) QUALIFIED COUNTERMEASURE.—Section (2) in paragraph (5)— ership. 319F–1(a)(2)(A) of the Public Health Service Act (A) in subparagraph (B), by striking ‘‘and’’ at I would urge all Members to support (42 U.S.C. 247d–6a(a)(2)(A)) is amended— the end; this critical piece of legislation, and I (A) in the matter preceding clause (i), by (B) in subparagraph (C), by striking the pe- reserve the balance of my time. striking ‘‘to—’’ and inserting ‘‘—’’; riod and inserting ‘‘; and’’; and (B) in clause (i)— (C) by adding at the end the following: Mr. PALLONE. Mr. Speaker, I yield (i) by striking ‘‘diagnose’’ and inserting ‘‘to ‘‘(D) provide any recommendation, finding, or myself such time as I may consume. diagnose’’; and report provided to the Secretary under this I am pleased to rise in support of the (ii) by striking ‘‘; or’’ and inserting a semi- paragraph to the appropriate committees of Senate amendment to H.R. 307, the colon; Congress.’’. Pandemic and All-Hazards Prepared- (C) in clause (ii)— The SPEAKER pro tempore. Pursu- ness Reauthorization Act of 2013. And I (i) by striking ‘‘diagnose’’ and inserting ‘‘to diagnose’’; and ant to the rule, the gentleman from want to recognize the work that Ms. (ii) by striking the period at the end and in- Pennsylvania (Mr. PITTS) and the gen- ESHOO, my colleague on the committee, serting ‘‘; or’’; and tleman from New Jersey (Mr. PALLONE) has been doing on this legislation for (D) by adding at the end the following: each will control 20 minutes. many years.

VerDate Mar 15 2010 00:33 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A04MR7.003 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 4, 2013 CONGRESSIONAL RECORD — HOUSE H833 The legislation reauthorizes critical strong support of the Pandemic All-Hazards atric drug testing laws, increasing pediatric programs and activities first estab- Preparedness Reauthorization Act of 2013 expertise at federal agencies involved in lished as part of the Public Health Se- (H.R. 307). The Alliance for Biosecurity is a MCM development and procurement, and curity and Bioterrorism Preparedness collaboration of pharmaceutical and bio- prioritizing children within the existing Pub- technology companies working to develop lic Health Emergency Medical Counter- and Response Act of 2002, the 2004 medical countermeasures (MCMs) to prevent measures Enterprise. Additionally, the ex- Project Bioshield Act, and the 2006 and treat diseases associated with bioter- pansion of existing emergency use authoriza- Pandemic and All-Hazards Prepared- rorism and emerging infectious diseases. We tion authority will be critical to ensuring ness Act. are extremely pleased that both the House that countermeasures for children are stock- and the Senate have taken this legislation b 1720 piled in advance of a disaster or emergency. up so expeditiously this Congress and hope In particular, the Academy thanks you for H.R. 307 passed the Senate in late for quick House passage of the amended bill. including a provision that will require the February with an amendment that As you know, the chemical, biological, ra- Secretary of Health and Human Services to makes some changes to the House diological, and nuclear (CBRN) threat is real establish a National Advisory Committee on version passed in January. The new and growing. It is critical that the country Children and Disasters. With the termi- continue ongoing efforts to develop, procure, language updates the authorization pe- nation of the National Commission on Chil- and stockpile MCMs to both deter an attack dren and Disasters, which helped focus atten- riod of programs to the fiscal years and protect our citizens should a bioter- 2014–2018 instead of the fiscal years tion on gaps in disaster planning and deliv- rorism event occur. The Congressionally-es- ered practical recommendations to the 2013–2017. It also modifies the authority tablished Commission on the Prevention of President and Congress, the National Advi- for a State, territory or tribal organi- Weapons of Mass Destruction Proliferation sory Committee on Children and Disasters zation to temporarily reassign public and Terrorism 2008 report predicted that ‘‘it will help ensure that important progress health personnel to respond to a public is more likely than not that a weapon of made at various federal agencies, state and health emergency. In addition, there mass destruction will be used in a terrorist local levels, and throughout the private sec- were some minor technical corrections attack somewhere in the world by the end of tor continues. Importantly, the Advisory 2013.’’ There is a limited commercial market Committee will bring together federal and to the House-passed legislation. for MCMs; consequently, without adequate Over the past decade, Mr. Speaker, non-federal partners to provide guidance and advanced development and stockpiling fund- recommendations on our nation’s prepared- these programs have represented com- ing, companies have neither the incentive prehensive efforts to prepare for and ness to meet the needs of children before, nor the ability to invest in these life-saving during and after all-hazards emergencies. It respond to public health emergencies. therapies. is our hope that the Advisory Committee Reauthorization of PAHPA and Project As a result of the investments that fol- will comprehensively assess progress toward BioShield is critical to ensuring the sustain- lowed, our Nation is better equipped to fulfilling the recommendations of the Na- ability of the MCM enterprise. We urge you respond to public health emergencies, tional Commission on Children and Disas- to pass the amended H.R. 307 without delay but there is still a lot of work to be ters. The Academy looks forward to working to ensure that our nation remains prepared with you and the Department of Health and done. to face such threats. Human Services to establish the National Our Nation continues to face threats Respectfully submitted on behalf of the Advisory Committee on Children and Disas- that require an ongoing commitment Alliance for Biosecurity, ters. to public health and emergency pre- THE ALLIANCE FOR BIOSECURITY, H.R. 307 maintains the important role of paredness. Of course, I am thinking of Secretariat and Legal Counsel. the National Disaster Medical System my district and the State of New Jer- (NDMS) while ensuring that the NDMS takes AMERICAN ACADEMY OF PEDIATRICS, sey after we experienced a devastating into account pediatric populations. It also Elk Grove Village, IL, March 1, 2013. storm that destroyed entire commu- ensures that the requirements for the Hos- Hon. MIKE ROGERS, nities. The Federal Government’s sup- pital Preparedness Program and the Public House of Representatives, Health Emergency Preparedness Cooperative port, including programs authorized by Washington, DC. Agreement Program have specific pediatric PAHPA, were critical in the wake of DEAR CONGRESSMAN ROGERS: On behalf of this disaster. the American Academy of Pediatrics (AAP), performance measures. The AAP applauds So I am pleased that Congress is fi- a professional organization of 60,000 primary the requirement in the legislation that the nally able to get this legislation across care pediatricians, pediatric medical sub- NBSB include an individual with pediatric subject matter expertise. the finish line. It reflects a bipartisan, specialists, and pediatric surgical specialists Thank you for your continued commit- bicameral effort that has been ongoing dedicated to the health, safety, and well- being of infants, children, adolescents, and ment to improving the health and well-being for more than a year—start to finish— of children. We look forward to working with and Members and staff have worked young adults, I write to express our support for H.R. 307, the Pandemic and All-Hazards you on passage of H.R. 307. hard to see it through. Together, we Preparedness Reauthorization Act of 2013. Sincerely, have resolved differences and have Representing twenty-five percent of the THOMAS K. MCINERNY, MD, FAAP, made compromises, which is the way U.S. population, children are not little President. legislating is supposed to be done; and adults. Their developing minds and bodies I was proud to be part of the process. place them at disproportionate risk during a BIOTECHNOLOGY INDUSTRY I would like to thank many members disaster situation. Children are particularly ORGANIZATION, of the Energy and Commerce Com- vulnerable to aerosolized biological or chem- Washington, DC, March 1, 2013. Hon. JOHN BOEHNER, mittee who contributed to this impor- ical agents because they breathe more times per minute than adults and they are more Speaker, House of Representatives, tant bill: of course Ms. ESHOO, who will vulnerable to agents that act on or through Washington, DC. speak; Congressmen MIKE ROGERS and the skin because their skin is thinner and Hon. NANCY PELOSI, GENE GREEN; Chairman UPTON; Chair- they have a larger surface-to-mass ratio Minority Leader, House of Representatives, man PITTS; Ranking Member WAXMAN; than adults. Children need different dosages Washington, DC. Congressman MARKEY; and all of their of medicine than adults, not only because DEAR SPEAKER BOEHNER AND MINORITY staffs. Everyone should be commended they are smaller, but also because certain LEADER PELOSI:On behalf of the Bio- for their work. drugs and biologics may have different or un- technology Industry Organization (BIO), I I urge Members to join me in sup- anticipated effects on developing children. am writing with our strong support for the porting the passage of the Senate From needles and tubing, to oxygen masks Senate Amendment to H.R. 307, the Pan- demic and All-Hazards Preparedness amendment to H.R. 307, and I look for- and ventilators, to imaging and laboratory technology, children need medical equip- (PAHPA) Reauthorization Act of 2013, which ward to finally getting this bill to the ment that has been specifically designed for will be considered on the floor of the House President’s desk. their size and unique physiology. on March 4th. I reserve the balance of my time. Numerous expert bodies including the Na- BIO represents more than 1,100 bio- OFFICE OF THE SECRETARY AND tional Commission on Children and Disasters technology companies, academic institu- LEGAL COUNSEL, ALLIANCE FOR and the National Biodefense Science Board tions, state biotechnology centers and re- BIOSECURITY, (NBSB) have found that, with respect to lated organizations across the United States. Washington, DC, March 4, 2013. medical countermeasures (MCMs) for chil- BIO members are involved in the research Hon. MIKE ROGERS, dren, significant gaps remain in pediatric in- and development of healthcare, agricultural, Rayburn House Office Building, dications, dosages and formulations. H.R.307 industrial and environmental biotechnology Washington, DC. includes several important provisions that products. Our members play a central role in DEAR REPRESENTATIVE ROGERS: On behalf will help advance the development of MCMs ensuring the effective development of med- of the Alliance for Biosecurity, I write in for children by maximizing existing pedi- ical countermeasures (MCMs) to protect our

VerDate Mar 15 2010 03:04 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MR7.014 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H834 CONGRESSIONAL RECORD — HOUSE March 4, 2013 nation’s citizens against chemical, biologi- Hazards Preparedness Reauthorization Act clude training for a potential influenza pan- cal, radiological and nuclear threats, wheth- of 2013 will go a long way towards strength- demic or terrorist attack. er naturally occurring or man-made. ening the nation’s critical care infrastruc- Carryover of Grant Use, Coordination (Sec- We strongly support the simultaneous re- ture, and addressing the needs of the criti- tion 202 and 203): The bill updates the pre- authorization of Project BioShield and the cally ill and injured in the event of a major paredness grant programs at HHS giving Special Reserve Fund (SRF) with the reau- public health crisis. grantees limited ability to carry over funds thorization of PAHPA. Because the govern- We applaud the U.S. House of Representa- encouraging flexibility and efficiency. The ment represents the sole marketplace for the tives under your leadership for working to provisions promote long-term planning cur- vast majority of MCMs, the funding avail- improve our federal disaster preparedness ef- rently impossible in an unpredictable fiscal able through the SRF is vital for private forts, and ensuring the prioritization of crit- environment. companies, considering the high cost and sig- ical care within PAHPRA. Children’s Preparedness (Sections 103, 307 nificant time commitment associated with Sincerely, and throughout): The bill establishes the Na- the development and manufacture of these STEPHANIE SILVERMAN, tional Advisory Committee on Children and products. President. Disasters to bring together federal and non- We thank you for quickly moving the leg- federal partners to provide guidance and rec- islation forward in the House, and we look MARCH 1, 2013. ommendations on medical and public health forward to this legislation passing, and then Hon. FRED UPTON, preparedness for children before, during and being signed into law in the near future. We Chairman, House of Representatives, after a disaster or public health emergency. wish to especially congratulate Reps. Mike Washington, DC. The bill takes significant steps to consider the particular needs of pediatric populations Rogers (R–MI) and Gene Green (D–TX) for Hon. JOSEPH R. PITTS, in Medical Countermeasure (MCM) research their leadership on this issue. Thank you. Chairman, House of Representatives, and development. The bill also calls for con- Sincerely, Washington, DC. sideration of the needs of children, as an at- JAMES C. GREENWOOD, Hon. MIKE ROGERS, risk population, in the Public Health Emer- President and CEO. House of Representatives, gency Medical Countermeasures Enterprise Washington, DC. Strategy and Implementation Plan, PHEP, THE ROUNDTABLE ON Hon. HENRY A. WAXMAN, HPP, and Medical Reserve Corps. CRITICAL CARE POLICY, Ranking Member, House of Representatives, Enhancing Situational Awareness and Bio- Washington, DC, March 1, 2013. Washington, DC. surveillance (Section 204): The bill calls for Hon. JOHN BOEHNER, Hon. FRANK PALLONE, Jr., planning and integration of the current bio- Speaker of the House, House of Representatives, Ranking Member, House of Representatives, surveillance systems to strengthen the na- Washington, DC. Washington, DC. tion’s bioterrorism and disease outbreak re- Hon. NANCY PELOSI, DEAR CHAIRMEN UPTON AND PITTS, RANKING sponse capabilities. The bill also requires co- Minority Leader, House of Representatives, MEMBERS WAXMAN AND PALLONE, AND REP. ordination with the National Biodefense Washington, DC. ROGERS: On behalf of the undersigned organi- Science Board. HHS is required to provide a DEAR SPEAKER BOEHNER AND MINORITY zations, dedicated to protecting the public report to Congress on their implementation LEADER PELOSI:The Roundtable on Critical health of our nation, we write to express our plans and progress. Care Policy strongly supports the Senate support for the Pandemic and All-Hazards Individuals with Disabilities (Section 101): Amendment to H.R. 307, the Pandemic and Preparedness Reauthorization Act of 2012 The bill calls for the consideration of the All-Hazards Preparedness Reauthorization (PAHPRA). We urge swift passage in the needs individuals with disabilities in the Na- Act (PAHPRA) of 2013, and urges the House House as this legislation is critical to the tional Health Security Strategy. of Representatives to swiftly pass this vital safety of our nation. We thank you for your Thank you again for your work to reau- legislation that will improve America’s pub- leadership on this legislation that is critical thorize this important legislation. lic health, medical preparedness and re- to the safety of our nation. Sincerely, sponse capabilities, and enhance the nation’s PAHPRA is vital to state and local health GEORGES C. BENJAMIN, MD, ability to care for the critically ill and in- and other public health practitioners who FACP, FACEP (E), jured in the aftermath of a public health are a critical part of any community’s first Executive Director, emergency. response to disease outbreaks, emergencies, American Public In particular, our organization strongly and acts of terrorism. The following provi- Health Association. supports the Roundtable-endorsed provisions sions in particular are essential to keeping ROBERT M. PESTRONK, included in the current version of PAHPRA communities healthy and safe: MPH, that would prioritize critical care within the Temporary Reassignment of Federally Executive Director, National Health Security Strategy (NHSS). Funded Personnel During a Public Health National Association More specifically, these provisions would, for Emergency (Section 201): The provision al- of County and City the first time, add care for critically ill pa- lows states and tribes to request from the Health Officials. tients in our nation’s intensive care units Department of Health and Human Services PAUL E. JARRIS, MD, MBA, (ICU) to the federal government’s medical (HHS) the authority to temporarily reassign Executive Director, As- preparedness and surge capacity goals, there- public health personnel from other HHS- sociation of State by ensuring that critical care is included in funded grant programs to respond to a major and Territorial federal, state and local planning efforts to emergency. The authority would allow state Health Officials. increase preparedness for public health and local governments to meet the tremen- JEFF LEVI, PHD, emergencies. This reauthorization would re- dous staffing needs required by a disaster. Executive Director, quire the inclusion of medical surge capacity Reauthorization of the Public Health and Trust For America’s Health. Emergency Preparedness Grants (PHEP) in the periodic evaluation of the nation’s Mr. PITTS. Mr. Speaker, I yield such preparedness capabilities, enabling an effi- (Section 202): The PHEP cooperative agree- cient and effective medical response during ment program provides funding to local and time as he may consume to the chair- an emergency. state public health departments to strength- man of the full committee, the gen- The Roundtable also commends the inclu- en their capacity and capability to effec- tleman from Michigan (Mr. UPTON). sion of language in the NHSS that requires tively respond to public health emergencies Mr. UPTON. Certainly, tonight I coordinated medical triage and evacuation including terrorist threats, infectious dis- stand in support of this legislation, to appropriate medical institutions during a ease outbreaks, natural disasters, and bio- H.R. 307, the Pandemic and All-Hazards public health emergency, which supports the logical, chemical, nuclear, and radiological Preparedness Reauthorization Act of Roundtable’s past calls for increased plan- emergencies. State and local health depart- 2013. ning for patient evacuation in hospitals—in- ments work with federal government offi- This legislation is going to help our cluding ICUs. cials, law enforcement, emergency manage- When our nation is faced with a health ment, health care, business, education, and Nation’s families, local communities, emergency, the critical care delivery system religious groups to plan, train, and prepare first responders, and innovators as we is an integral component of our nation’s for emergencies so that when disaster prepare for and respond to public medical response. Yet, despite the fact that strikes, communities are prepared. health emergencies, including those Americans depend on this delivery system to Reauthorization of the Hospital Prepared- caused by terrorist attacks. As the Na- care for our most critically ill and injured— ness Program (HPP) (Section 203): HPP pro- tion recovers from a severe flu season, a system whose capacity is truly put to the vides funding to state and local health de- the need to pass this legislation is ev- test and often stretched to its limits in the partments to enhance hospital preparedness ermore apparent. and improve overall surge capacity in the event of a widespread health emergency— This bill is going to help families by critical care medicine has not been given case of public health emergencies. The pre- sufficient consideration in our disaster pre- paredness activities carried out under this requiring that the special needs of our paredness efforts, until now. program strengthen the capabilities of hos- Nation’s children are taken into ac- The Roundtable believes that the inclusion pitals throughout the country to respond to count as medical countermeasures of these provisions in the Pandemic and All- floods, hurricanes, or wildfires, and also in- move through the FDA process and are

VerDate Mar 15 2010 03:04 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A04MR7.010 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 4, 2013 CONGRESSIONAL RECORD — HOUSE H835 purchased for the Strategic National pare for a chemical, biological, radio- b 1730 Stockpile. The bill also would require logical, or nuclear attack—all of the Mr. PITTS. Mr. Speaker, I have no the Department of Health and Human things that are really unthinkable; but other speakers, and I continue to re- Services to improve public health in a post-9/11 era, we had to be pre- serve the balance of my time. emergency preparedness, response, out- pared, and we developed this legisla- Mr. PALLONE. Mr. Speaker, I have reach, and communication with respect tion. So it pleases me enormously that no additional speakers, and I would to children. we are now reauthorizing it. just say at this point that I urge pas- H.R. 307 also would aid local commu- Right now, the American people are sage of this legislation. It is very im- nities and those on the front lines in left wondering what the heck the Con- portant in terms of our ongoing com- disaster response, providing assistance gress is doing—why we can’t come to- mitment to public health and emer- to local law enforcement, emergency gether, why we can’t work in a bipar- gency preparedness; and, of course, management and public health officials tisan way and develop consensus. Do once it passes today, it will go to the in planning, training and preparing for you know what? On this bill, we are, President for his signature, and so I emergencies so that if disaster strikes and I am very proud of that. Devel- urge passage. their communities are ready. Last oping and stockpiling appropriate I yield back the balance of my time. month, I had the opportunity to ad- countermeasures is essential for the Mr. PITTS. Mr. Speaker, I, too, urge dress the American Burn Association safety of the American people, and all Members to support this critical here in Washington. The bill’s Hospital these programs encourage American legislation. It has strong bipartisan Preparedness Program is critical to companies to invest in areas of critical support. It is very important. them as it helps hospitals prepare for need. With that, I yield back the balance of The bill before us today includes new disasters that would result in a surge my time. provisions, which I think really en- in the need for medical care. Mr. WAXMAN. Mr. Speaker, I rise in support hance what we did originally, provi- In addition, this legislation is going of the Senate Amendment to H.R. 307, the sions that highlight the important to help innovators as they develop Pandemic and All-Hazards Preparedness Re- needs of our Nation’s children. Chil- medical countermeasures that may be authorization Act of 2013. H.R. 307 is the dren are not just little adults. They necessary in the event of a biological, product of a lengthy, but extremely productive, need special care and medical atten- nuclear, radiological, or chemical at- process with our Senate colleagues and their tion. They are especially vulnerable to tack. The bill contains provisions to staff to come together to bridge the dif- biological or chemical agents because ferences between earlier House and Senate improve the predictability, consist- of their size, their limited capacity to ency, and transparency of the FDA reauthorization efforts. In January, the House flush out toxins, their underdeveloped passed H.R. 307 by a vote of 395 to 29. Just process. These improvements will as- motor skills, and their total reliance sist innovators in getting their medical last week, the Senate passed an amendment on their parents or other caregivers. to H.R. 307 that makes further refinements to countermeasures across the finish line. I know firsthand the importance of It is also important to note that H.R. the legislation. Today, with House passage of stockpiling vaccines critical to our the Senate Amendment, the Pandemic and 307 would reauthorize programs for 5 public health. I recently visited a com- years at the fiscal year 2012 appro- All-Hazards Preparedness Reauthorization Act pany in my district, Bavarian Nordic. will finally head to the President’s desk for his priated level. This bill would not create It is a company which clearly dem- new programs; and according to the signature. onstrates that technical expertise and Toward that end, H.R. 307 reauthorizes and CBO, as Mr. PITTS said, it would not in- investment in this area must be backed makes minor—but important—improvements crease spending. by the government’s commitment to The House bill passed back in Janu- to various programs and activities first estab- preparedness. Because medical coun- lished in the 2002 Public Health Security and ary, and the Senate passed a nearly termeasures don’t always have a nat- Bioterrorism Preparedness and Response Act; identical version of the bill last week ural commercial market, it is our re- 2004 Project Bioshield Act; and the 2006 Pan- by unanimous consent. Upon House ap- sponsibility—right here in the Con- demic and All-Hazards Preparedness Act, or proval today, this critical legislation gress—to encourage and incent private as it is commonly referred to, ‘‘PAHPA.’’ will, in fact, head to the President to companies to develop them. When I was These programs and activities are key in help- be signed into law, ensuring that our meeting with them, they told me that, ing to ensure that our nation is well prepared Nation is preparing for the unthink- when we were considering the original to successfully manage the effects of natural able. legislation and then passed it, they disasters, infectious disease outbreaks, and I want to thank all of the Members were immediately invested in it by the acts of bioterrorism. who have worked on this issue, not sum of some $80 million because there H.R. 307 includes dozens of changes to only this year but last year—certainly was confidence in that particular mar- these underlying authorities. Let me highlight Mr. ROGERS of Michigan, Chairman ket. just four provisions that deserve special atten- PITTS, Mr. WAXMAN, Mr. PALLONE, and This legislation is supported by tion: Ms. ESHOO. I also want to thank our many, but I think it’s a real honor roll First, the bill will ensure that the Food and Senate colleagues—Senator HARKIN, in terms of the groups and organiza- Drug Administration focuses on medical coun- Senator ALEXANDER, Senator ENZI, and tions: the American Public Health As- termeasures of the highest importance. Med- Senator BURR—for their leadership on sociation, the Association of State and ical countermeasures are products designed this issue as we got together and got Territorial Health Officials, the Na- to combat chemical, biological, radiological, this bill ready tonight. tional Association of County and City and nuclear agents. I urge my colleagues to support the Health Officials, the Trust for Amer- H.R. 307 will facilitate communication be- bill. ica’s Health, and the American Acad- tween the FDA and product sponsors—par- Mr. PALLONE. Mr. Speaker, I yield emy of Pediatrics. ticularly on high priority countermeasures for such time as she may consume to the This legislation, the Pandemic and which sponsors have developed regulatory gentlewoman from California (Ms. All-Hazards Preparedness Reauthoriza- management plans—to resolve scientific and ESHOO), one of the key sponsors of this tion Act, did pass the House last regulatory questions and help make these legislation. month; and with minor changes, it products available more quickly. Recently, Ms. ESHOO. I thank our ranking passed the Senate last week, as my col- FDA approved the first drug developed and member, Mr. PALLONE, for his leader- leagues have said on both sides of the procured under Project BioShield. ship on the committee and for yielding aisle. Today, I, once again, urge my The FDA provisions in H.R. 307 will also fa- time to me. colleagues to vote ‘‘yes’’ on the Senate- cilitate the rapid provision of existing medi- Mr. Speaker, I rise today to support amended bill so that it may swiftly be cines to people in need during an emergency. the Pandemic and All-Hazards Pre- sent to the President for his signature. Taken together, these FDA provisions—along paredness Reauthorization Act. This is I think, together, we will have some- with the renewed emphasis in our counter- legislation that I wrote, together with thing to celebrate because this is not measure enterprise through other parts of the Congressman MIKE ROGERS, going back only important, but it can and will legislation—will make it possible for a greater to when we first introduced it in 2006, make a difference for the American number of drugs and devices to move from in order to better help our country pre- people. early development to procurement.

VerDate Mar 15 2010 01:21 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\K04MR7.016 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H836 CONGRESSIONAL RECORD — HOUSE March 4, 2013 Second, the legislation makes improve- and research. All of which will be provided The question was taken. ments to the nation’s blueprint for public under the legislation before us today. I am The SPEAKER pro tempore. In the health preparedness and response activities pleased that language I supported during the opinion of the Chair, two-thirds being that will enhance the ability of our diverse committee process aimed at increasing em- in the affirmative, the ayes have it. health care system to respond to mass cas- phasis on regionalized trauma care systems Mr. PITTS. Mr. Speaker, on that I ualty emergencies. Among such improvements was included in this final version. demand the yeas and nays. are provisions to clarify the role of the Assist- This bill is also very important to me be- The yeas and nays were ordered. ant Secretary of Preparedness and Response cause the University of Texas Medical The SPEAKER pro tempore. Pursu- as the lead office within the Department of Branch’s Galveston National Laboratory is in ant to clause 8 of rule XX, further pro- Health and Human Services for emergency my backyard. ceedings on this motion will be post- preparedness and response. The Galveston National Lab is the only poned. H.R. 307 also establishes a new authority to BSL–4 lab located on a university campus. At permit the Secretary of the Department of the lab, scientists conduct research to develop f Health and Human Services to approve a re- therapies, vaccines, and diagnostic tests for quest of a state, territory, or an Indian tribe to naturally occurring emerging diseases such as COMMUNICATION FROM THE reassign certain federally-supported public SARS and avian influenza—as well as for mi- DEMOCRATIC LEADER health personnel during the time of a national crobes that might be employed by terrorists. The SPEAKER pro tempore laid be- emergency to geographic areas where these This is exactly the type of research we hope fore the House the following commu- to encourage under the Pandemic and All- public health workers are needed most. nication from the Honorable NANCY Hazards Preparedness Reauthorization Act. Finally, H.R. 307 continues support for in- PELOSI, Democratic Leader: vestments in state and local public health de- As an original cosponsor of this bill with Mr. CONGRESS OF THE UNITED STATES, partments. Such investments are necessary to ROGERS, I am very pleased at how quickly we have moved this rare bipartisan piece of legis- HOUSE OF REPRESENTATIVES, make certain that we have the requisite public Washington, DC, March 4, 2013. health infrastructure in place to respond imme- lation. Hon. JOHN BOEHNER, diately and appropriately to any public health I want to thank Mr. ROGERS, Chairman Speaker of the House, U.S. Capitol, threat that may arise. UPTON, Ranking Member WAXMAN, Ranking Washington, DC. This legislation reflects the effort of a num- Member PALLONE, Ms. Myrick, Ms. ESHOO, DEAR SPEAKER BOEHNER: Pursuant to 44 ber of Members and Senators—Democrats and Mr. MARKEY for their work on this impor- U.S.C. 2702, I am pleased to appoint Mr. John and Republicans alike. I’d like to commend my tant legislation. A. Lawrence of Washington, D.C. to the Ad- House colleagues and their staff who have I strongly urge my colleagues to vote ‘‘yes’’ visory Committee on the Records of Con- been deeply involved in this process—Chair- on this legislation. gress . Ms. EDDIE BERNICE JOHNSON of Texas. Thank you for your attention to this ap- man UPTON, Chairman PITTS, Congressman pointment. ROGERS, Congressman GREEN, Congress- Mr. Speaker, I rise today in support of the Pandemic and All-Hazards Preparedness Re- Sincerely, woman ESHOO, Congressman MARKEY, and NANCY PELOSI, our Health Subcommittee Ranking Member, authorization Act of 2013, as amended by the Democratic Leader. Congressman PALLONE. I particularly want to Senate. This legislation will reauthorize pro- thank Mr. PALLONE’s staff member Tiffany grams first established in the 2002 Public f Guarascio, as well as Chairman UPTON and Health Security and Bioterrorism Prepared- Chairman PITTS’ staff, Clay Alspach and Carly ness and Response Act, the 2004 Project Bio- RECESS shield Act, and the 2006 Pandemic and All- McWilliams. I would also like to express my The SPEAKER pro tempore. Pursu- Hazards Preparedness Act. These programs appreciation to House Legislative Counsel ant to clause 12(a) of rule I, the Chair are crucial to ensuring that our Nation is pre- Warren Burke and Jessica Shapiro for their ef- declares the House in recess until 6:30 pared to respond to public health emer- forts. I’d also like to recognize my Senate col- p.m. today. gencies, including those caused by natural leagues, Chairman HARKIN and Ranking Mem- Accordingly (at 5 o’clock and 31 min- disasters, disease outbreaks, and bioterrorism. ber ALEXANDER, and their staff for their con- utes p.m.), the House stood in recess. tributions to this legislation. And finally, I’d like The Pandemic and All-Hazards Prepared- to thank my own staff for the incredibly hard ness Reauthorization Act of 2013 will reau- f work they have put into this legislation—Karen thorize programs such as the Public Health Nelson, Ruth Katz, Anne Morris Reid, Rachel Emergency Preparedness Cooperative Agree- b 1830 Sher, and Eric Flamm. ment, which provides grants to state and local I urge my colleagues to vote in favor of the health departments, the National Disaster AFTER RECESS Medical System, which helps manage the gov- Senate Amendment to H.R. 307. The recess having expired, the House Mr. GENE GREEN of Texas. Mr. Speaker, ernment’s medical response in emergencies, was called to order by the Speaker pro I rise today in strong support of the Pandemic and bio-surveillance programs, which help tempore (Mr. HULTGREN) at 6 o’clock and All-Hazards Preparedness Reauthoriza- states coordinate with the Centers for Disease and 30 minutes p.m. tion Act which will reauthorize certain provi- Control and Prevention to track and detect dis- ease outbreaks. The legislation also allows the sions of the Project Bioshield Act of 2004 and f Pandemic and All-Hazards Preparedness Act Food and Drug Administration to collect and of 2006. analyze data about the safety and efficacy of PANDEMIC AND ALL-HAZARDS This legislation was initially passed by Con- products used in emergencies. PREPAREDNESS REAUTHORIZA- Mr. Speaker, in our changing world, public gress to help the U.S. develop medical coun- TION ACT OF 2013 termeasures against chemical, biological, radi- health emergencies can be created by ological, and nuclear terrorism agents and to sources as various as disasters due to climate The SPEAKER pro tempore. Pursu- provide a mechanism for federal acquisition of change, global epidemics from an increasingly ant to clause 8 of rule XX, the unfin- those newly developed countermeasures. interconnected planet, and terrorists who tar- ished business is the vote on the mo- Since the first part of the last session of get us. As we face these threats, it is our re- tion to suspend the rules and concur in Congress, we have been working with Sen- sponsibility to remain vigilant and prepared for the Senate amendment to the bill (H.R. ators to perfect the language. We have the sake of our children and our communities. 307) to reauthorize certain programs passed it several times in the House and after The programs covered under the Pandemic under the Public Health Service Act many months, the Senate has sent it back for and All-Hazards Preparedness Reauthoriza- and the Federal Food, Drug, and Cos- our approval. I am pleased that we finally tion Act of 2013 serve as essential tools in our metic Act with respect to public health have a bill that can be sent to the President endeavor to protect the health of all Ameri- security and all-hazards preparedness and I am proud to support it. cans. and response, and for other purposes, This bill is important because our nation re- The SPEAKER pro tempore. The on which the yeas and nays were or- mains vulnerable to these threats because question is on the motion offered by dered. many of the vaccines and medicines that are the gentleman from Pennsylvania (Mr. The Clerk read the title of the bill. needed to protect our citizens do not exist. PITTS) that the House suspend the The SPEAKER pro tempore. The Developing and stockpiling these medical rules and concur in the Senate amend- question is on the motion offered by countermeasures requires time, resources, ment to the bill, H.R. 307. the gentleman from Pennsylvania (Mr.

VerDate Mar 15 2010 02:24 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A04MR7.014 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 4, 2013 CONGRESSIONAL RECORD — HOUSE H837 PITTS) that the House suspend the Johnson (OH) Meng Ruppersberger Welch Wilson (FL) Yoder rules and concur in the Senate amend- Johnson, E. B. Messer Ryan (OH) Wenstrup Wilson (SC) Yoho Johnson, Sam Mica Ryan (WI) Westmoreland Wittman Young (IN) ment. Jordan Michaud Salmon Whitfield Wolf The vote was taken by electronic de- Joyce Miller (MI) Sa´ nchez, Linda Williams Womack Kaptur Miller, Gary T. vice, and there were—yeas 370, nays 28, Keating Miller, George Sarbanes NAYS—28 not voting 33, as follows: Kelly Moore Scalise Amash Foxx Mullin [Roll No. 56] Kennedy Mulvaney Schakowsky Bishop (UT) Gohmert Petri Kildee Murphy (FL) Schiff Brady (TX) Goodlatte Poe (TX) YEAS—370 Kilmer Murphy (PA) Schneider Bridenstine Graves (GA) Radel Kind Napolitano Schock Aderholt Coffman Frankel (FL) Brooks (AL) Hudson Sensenbrenner King (IA) Neal Schrader Alexander Cohen Franks (AZ) Broun (GA) Jones Southerland King (NY) Negrete McLeod Schwartz Amodei Cole Frelinghuysen Carter Labrador Stockman Kingston Neugebauer Schweikert Andrews Collins (NY) Fudge Chaffetz Marchant Woodall Scott (VA) Bachmann Conaway Gabbard Kinzinger (IL) Nolan Duncan (SC) Massie Bachus Connolly Gallego Kirkpatrick Nugent Scott, Austin Duncan (TN) Miller (FL) Kline Nunes Scott, David Barber Conyers Garamendi NOT VOTING—33 Barletta Cook Garcia Kuster Nunnelee Serrano Barr Cooper Gardner LaMalfa O’Rourke Sessions Blumenauer Loebsack Rohrabacher Barrow (GA) Costa Garrett Lamborn Olson Sewell (AL) Brady (PA) Lynch Rush Barton Cotton Gerlach Lance Owens Shea-Porter Coble Markey Sanchez, Loretta Bass Courtney Gibbs Langevin Pallone Sherman Collins (GA) McDermott Sires Beatty Cramer Gibson Lankford Pascrell Shimkus Culberson McIntyre Smith (WA) Becerra Crawford Gingrey (GA) Larsen (WA) Pastor (AZ) Shuster Engel Moran Stutzman Benishek Crenshaw Gowdy Larson (CT) Paulsen Simpson Gosar Nadler Veasey Bentivolio Crowley Granger Latham Payne Sinema Graves (MO) Noem Vela Bera (CA) Cuellar Grayson Latta Pearce Slaughter Grijalva Palazzo Yarmuth Bilirakis Cummings Green, Al Lee (CA) Pelosi Smith (NE) Gutierrez Perlmutter Young (AK) Bishop (GA) Daines Green, Gene Levin Perry Smith (NJ) Honda Polis Young (FL) Bishop (NY) Davis (CA) Griffin (AR) Lewis Peters (CA) Smith (TX) Black Davis, Danny Griffith (VA) Lipinski Peters (MI) Speier b 1853 Blackburn Davis, Rodney Grimm LoBiondo Peterson Stewart Bonamici DeFazio Guthrie Lofgren Pingree (ME) Stivers Messrs. RICHMOND, WESTMORE- Bonner DeGette Hahn Long Pittenger Swalwell (CA) LAND, LEVIN, WEBER, DANNY K. Boustany Delaney Hall Lowenthal Pitts Takano Braley (IA) DeLauro Hanabusa Lowey Pocan Terry DAVIS of Illinois, RAHALL, and Brooks (IN) DelBene Hanna Lucas Pompeo Thompson (CA) SALMON changed their vote from Brown (FL) Denham Harper Luetkemeyer Posey Thompson (MS) ‘‘nay’’ to ‘‘yea.’’ Brownley (CA) Dent Harris Lujan Grisham Price (GA) Thompson (PA) Buchanan DeSantis Hartzler (NM) Price (NC) Thornberry So (two-thirds being in the affirma- Bucshon DesJarlais Hastings (FL) Luja´ n, Ben Ray Quigley Tiberi tive) the rules were suspended and the Burgess Deutch Hastings (WA) (NM) Rahall Tierney Bustos Diaz-Balart Heck (NV) Lummis Rangel Tipton Senate amendment was concurred in. Butterfield Dingell Heck (WA) Maffei Reed Titus The result of the vote was announced Calvert Doggett Hensarling Maloney, Reichert Tonko as above recorded. Camp Doyle Herrera Beutler Carolyn Renacci Tsongas Campbell Duckworth Higgins Maloney, Sean Ribble Turner A motion to reconsider was laid on Cantor Duffy Himes Marino Rice (SC) Upton the table. Capito Edwards Hinojosa Matheson Richmond Valadao Capps Ellison Holding Matsui Rigell Van Hollen f Capuano Ellmers Holt McCarthy (CA) Roby Vargas Ca´ rdenas Enyart Horsford McCarthy (NY) Roe (TN) Vela´ zquez COMMUNICATION FROM CHAIR OF Carney Eshoo Hoyer McCaul Rogers (AL) Visclosky Carson (IN) Esty Huelskamp McClintock Rogers (KY) Wagner COMMITTEE ON TRANSPOR- Cartwright Farenthold Huffman McCollum Rogers (MI) Walberg TATION AND INFRASTRUCTURE Cassidy Farr Huizenga (MI) McGovern Rokita Walden Castor (FL) Fattah Hultgren McHenry Rooney Walorski The SPEAKER pro tempore laid be- Castro (TX) Fincher Hunter McKeon Ros-Lehtinen Walz fore the House the following commu- Chabot Fitzpatrick Hurt McKinley Roskam Wasserman Chu Fleischmann Israel McMorris Ross Schultz nication from the Chair of the Com- Cicilline Fleming Issa Rodgers Rothfus Waters mittee on Transportation and Infra- Clarke Flores Jackson Lee McNerney Roybal-Allard Watt structure; which was read and, without Clay Forbes Jeffries Meadows Royce Waxman Cleaver Fortenberry Jenkins Meehan Ruiz Weber (TX) objection, referred to the Committee Clyburn Foster Johnson (GA) Meeks Runyan Webster (FL) on Appropriations:

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Tbe HonOl'able John Boehner Speaker U.S. House of Representatives Washington, D.C. 20515

Dear Mr. Speaker:

] have enclosed copics of the resolutions adopted by the Connnittee on Transportation and lnfburtructure on February 28. 2013. Pursuant to section 3307 of Title 40. United States Code. the COll'lnlittee on Transportation -and Infrastructurc met in open session to consider 'fe~lutions to auiliClri.te 16 lease prospectuses included in the General Services Admil1istration's FY2012 ~d FY2013 Capital Invcstment and LCWlina 'Programs aIld:2 re,olutiollS to authorize alteration -pr.oject. tor space consolidations and exigont needs.

OUf Committee continues to work to O\lt waste and the cost of federail)l'Operty and leasell. Tbe tOlK)lu.tions ap,Ptoved by thc Committee will save the taxpayCl" $27.6 mUtton atlllually or $357 mUlion over the terms of the leases. These resolutions ensure savings tbl'Otlgh lower rents, s.hrinkini the space reqlill'(ltrients of agencies, and efficiencies created througb consolidatioll. Tn addition, the Conunittee has included space uti11ut1.on requirements in each. oftbe resolutions to ensur~ IlSCIl¢ies ate beld to appl'Oprjate utiHzation rates.

Sincerely, ~~~ Bill Shuster Chrunnal'

Enclosut'Cs

cc: Th.c Honorable Nick J. Rahan, TJ., Rankiui Member

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LEASE Christopher P. Bertram, Staff Director James H. Zola, Democrat Staff Director U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE NORTHERN VIRGINIA PVA-07-WA12

Resolved by the Committee on Transportation and Infrastructure ofthe U.S. House of Representatives, that pursuant to 40 U.S.C. §3307, appropriations are authorized for a replacement lease of up to 106,000 rentable square feet of space, including eight parking spaces, for the Department of Agriculture, Forest Service, currently located at 1601 and 1621 N. Kent Street; Arlington, Virginia, at a proposed total annual cost of $4, 134,000 for a lease term of up to 15 years, a prospectus for which is attached to and included in this.resolution.

Approval of this prospectus constitutes authority to execute an interim lease for all tenants, if necessary, prior to the execution of the new lease.

Provided that, the Administrator of General Services and tenant agencies agree to apply an overall utilization rate . of 182 square feet or less per person.

Provided that, except for interim leases as described above, the Administrator may not enter into any leases that are below prospectus level for the purposes of meeting any of the requirements, or portions thereof, included in the prospectus that would result in an overall utilization rate of 182 square feet or higher per person.

Provided that, to the maximum extent practicable, the Administrator shall include in the lease contract(s) a purchase option that can be exercised at the conclusion of the firm term of the lease.

Providedfurther, that the Administrator shall require that the delineated area of the procurement is identical to the delineated area included in the prospectus, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall provide an explanatory statement to the Committee on Transportation and Infrastructure of the House of Representatives prior to exercising any lease authority provided in this resolution.

Providedfurther, that the General Services Administration shall not delegate to any other agency the authority granted by this resolution.

Adopted: February 28, 2013

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GSA PBS

PROSPECTUS-LEASE U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE NORTHERN VIRGINIA

Prospectus Number: PVA-07-WA12 Congressional District: 8

Executive Summan;;

The Gen.e:ral Services Administration (GSA) proposes a replacement lease of up to 106,000 rentable square feet for the U.S. Department of Agriculture, Forest Service (USDA-FS), currently located in adjacent buildings at 1601 and 1621 N. Kent Street in Arlington, VA under three leases. USDA-FS elements housed in these buildings have mission requirements that result in regular interaction with FS headquarters operations housed in the Sidney Yates Building'in Washington, DC.

The proposed increase in the annual cost of leasing space to meet USDA-FS requirements reflects the adjustment to current market rent of expiring leases that have been in effect since the 1998 to 2000 time frame. The proposed maximum RSF does not represent expansion space but the amount of space needed to provide 87,192 USF as indicated on the housing plan in buildings having an RSFIUSF as high as 1.2 in order to maximize competition.

The maximum proposed rental rate in this prospectus is a projected rate for lease transactions with a future effective (rent start) date consistent with the expiration of the current lease on December 31,2013. GSA will conduct the procurement using prevailing market rental rates as a benchmark for the evaluation of competitive offers and as a basis for negotiating with offerors to ensure that lease award is made in the best interest of the Government.

1

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GSA PBS

PROSPECTUS-LEASE U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE NORTHERN VIRGINIA

Prospectus Number: PVA-07-WA12 Congressional District: 8

Description

Occupants: USDA-FS Lease Type: Replacement Current Rentable Square Feet "(RSF): 101,234 (Current RSFIUSF=1.15) Proposed Maximum RSF: 106,000 (Market RSFIUSF=1.2) l Expansion 'Space : None Current Usable SqUare FeetlPerson: 182 Proposed Usable Square FeetIPerson: 182 Proposed Maximum Leasing Authority: 15 years Expiration Date of Current Leases: December 31,2013 Proposed Delineated Area: Northern, VA Number of Official Parking Spaces: 8 Scoring: Operating lease 2 Maxinium Proposed Rental Rate : $39.00 Proposed Total Annual Cosf: . $4,134,000 Cun-ent Total Annual Cost: $3,568,095 (leases effective 1998 and 2000)

Background

The Rosslyn Plaza C and Rosslyn Plaza E Buildings, located at 1601 and 1621 N. Kent Street in Arlington, VA, were constructed in 1965 and originally occupied by USDA-FS under leases with effective dates between September 1998 and December 2000.

Justification

USDA-FS must vacate the space it occupies at 1601 and 1621 N. Kent Street by the December 31,2013, expn'ation of the CUlTent leases and requires continued housing to carry out its long-term. mission requirements.

1 The RSF/USF atthe current location is approxbnately 1.15. 11tis estimate is for fiscal year 2014 and may be escalated by 1.75 percent annually to the effective date ofthe lease to account for inflation. The proposed rental rate is fully serviced including aU operating expenses whether paid by the lessor or directly by the Government. 3Any new lease may contain an annual escalation clause to provide for increases or decreases in real estate taxes and operating costs. 2

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GSA PBS

PROSPECTUS - LEASE U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE NORTHERN VIRGINIA

Pl'Ospectus Number: PVA-07-WA12 Congressional District: 8

Summary of Energy Compliance GSA will incorporate energy efficiency requirements into the Solicitation for Offers and other documents related to the procurement of space for which this prospectus seeks authorization. GSA encourages offerors to work with energy service providers to exceed minimum requirements set forth in the procurement and to achieve an energy Star performance rating of 75 or higher.

;Resolutions of Approval

Resolutions adopted by the House Committee on Transportation and Inftastl.'Ucture and the Senate Committee on Environment and Public Works approving this prospectus will constitute approval to make appropriations to lease space in a facility that will yield the required rentable area.

Interim Leasing

GSA will execute such interim leasing actions as are necessary to ensure continued housing of the tenant agency; prior to the effective date of the new lease. It is in the best interest of the Government to avert the financial risk of holdover tenancy.

3

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GSA PBS

PROSPECTUS - LEASE U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE NORTHERN VIRGINIA

Prospectus Number: PVA-07-WA12 Congressional District: 8

Certification of Need

The pl'Oposed project is the be~t solution to meet a validated Govermnent need.

Submitted at Washington, DC, on __--L

Approved: __·..L../_l!l-:-Of.-v:---:-=-fh:---'U--::-:-f----:-:-:--=.....;.....!...... :-...l..-:-_~----­ Administrator, G neral Services Administration

4

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LEASE Christopher P. Bertram. Staff Director DEPARTMENT OF THE TREASURY James H. Zoia; Democrat Staff Director FINANCIAL MANAGEMENT SERVICE SUBURBAN MARYLAND PMD-05-WA12

Resolved by the Committee on Transportation and Infrastructure ofthe U.S. House ofRepresentatives, that pursuant to 40 U.S.c. §3307, appropriations are authorized for a lease extension of up to 327,000 rentable square feet of space, including 30 parking spaces, for the Department of the Treasury, Financial Management Service, currently located at Metro II, 3700 East West Highway, Hyattsville, Maryland, at a proposed total annual cost of $8,502,000 for a lease teml of up to five years, a prospectus for which is attached to and included in this resolution.

Approval of this prospectus constitutes authority to execute an interim lease for all tenants, if necessary, prior to the execution of the new lease.

Provided that. the Administrator of General Services and tenant agencies agree to apply an overall utilization rate of 249 square feet or less per person.

Provided that, except for interim leases as described above, the Administrator may not enter into any leases that are below prospectus level for the purposes of meeting any of the requirements, or portions thereof, included in the prospectus thatwould result in an overall utilization rate of249 square feet or higher per person.

Provided that, to the maximum extent practicable, the Administrator shall include in the lease contract(s) a purchase option that can be exercised at the conclusion of the firm tenn of the lease.

Providedfurther, that the Administrator shall require that the delineated area of the procurement is identical to the delineated area included in the prospectus, except that, ifthe Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall provide an explanatory statement to the Committee on Transportation and Infrastructure of the House of Representatives prior to exercising any lease authority provided in this resolution.

Providedfurther, that the General Services Administration shall not delegate to any other agency the authority granted by this resolution.

Adopted: February 28, 2013

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GSA PBS

PROSPECTUS-LEASE DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE ' SUBURBAN MARYLAND

Prospectus Number: PMP-OS-WAl2 Congressional District 8

Executive Summary

The General Services Administration (GSA) proposes a lease extension of up to 327,000 rentable square feet (rsf) for the DepBl.'tment of the Treasury, Financial Management Service (FMS) currently located at Metro II, 3700 East West Highway, Hyattsville, MD. The current lease at Metro IT expires September 30, 2012, and GSA is seeking a five year lease extension to allow FMS sufficient time to develop and budget for their long-term. space requirements. The g

Description

Occupants: Financial Management Servicetrl-easury Lease Type: Lease Extension Cun-entRentable Square Feet (RSF): 393,000 (Cun'entRSFIUSF=1.1) Proposed Maximum RSF: 327,000 (proposedRSFIUSF=1.1) Expansion Space: Reduction of 66,000 rsf Current Usable Square FeetlPerson: 299 Proposed Usable Square FeetlPerson: 249 Proposed Maximum Leasing AuthOlity: 5 Years Expiration Date of Current Lease: September 30, 2012 Delineated Area: 3700 East West Highway Hyattsville, Maryland Number of Official Parking Spaces: 30 Scoring: Operating Lease Maximum Proposed Rental Rate: l $26.00 Proposed Total Annual Cost:z $8,502,000 Current Total Annual Cost: $8,168,218 (lease effective 1992)

1 This estimate is for fiscal year 2013 and may be escalated by 1.75 percent annually to the effective date of the lease to account for inflation, The proposed rental rate is fully serviced including all operating expenses whether paid by the lessor or directly by the Government. 2 Any new lease may contain an annual escalation clause to provide for increases or decreases in real estate taxes and operating costs,

1

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GSA PBS

PROSPECTUS - LEASE DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE SUBURBAN MARYLAND

Prospectus Number: PMD-05~WA12 Congressional District: 8

Background

FMS provides central payment services to Federal Program Agencies and operates the federal government's collections and deposit systems. FMS provides government-wide accounting and reporting services, and manages the collection of delinquent debt owed to the government.

Justification

FMS has asked to extend its current leasehold tenancy in order to plan for its longer term space requirements. To that end, it has commissioned a study which will serve as the basis for developing a prospectus to be submitted in a future fiscal year program. The lease extension proposed in this current prospectus will give FMS time to wOlk out the details of its housing requirements and budget for associated costs. In the interim, FMS will reduce thelr square footage within the building by 66,000 RSF, consisting of two floors they currently occupy, at the expiration of the current lease.

GSA will attempt to negotiate termination rights into the lease agreement to provide a flexible transition. to FMS' long-term housing solution.

Summary of Energy Compliance

GSA will incorporate energy efficiency requirements into the Solicitation for Offers and other documents related to the procurement of space for which this prospectus seeks authorization. GSA encourages offerors to work with energy service providers to exceed minimum requirements set forth in the procurement and to achieve an en.ergy Star pel'formancel'ating of 75 or higher.

Resolutions of Approval

Resolutions adopted by the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public WOl'ks approving this prospectus will constitute approval to make appropliations to lease space in a facility that will yield the required rentable area.

2

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GSA PBS

PROSPECTUS-LEASE DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE SUBURBAN MARYLAND

Prospectus Number: PMD"OS·WA12 Congressional District: 8

Interim Leasing

GSA will execute such intetim leasing actions as are necessary to ensure continued housing of· the tenant agency prior to the effective date of the new lease. It is in the best mterest of the Government to avert the financial risk of holdover tenancy.

Certification of Need

The proposed project is the best solution to meet a validated Government need.

Submitted at Washington, DC, on ___D_e_c_em_b_e_r_6_,_20_1_1 ______Recommended:~Q~~',l.....=-;~~_ Commissioner, Public Buildings Service

Approved: - ___.,f.- __~t...,...:.._=_=-'-~::.....:..__:....-&~~ ______

3

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ALTERATION Christopher P. Bertram, Staff Direc,u. James H. Zola, Democrat Staff Director CONSOLIDATION INTO FEDERALLY OWNED SPACE VARIOUS LOCATIONS PCO-OOO I-VA 13

Resolved by the Committee on Transportation and Infrastructure of the US. House of Representatives, that pursuant to 40 U.S.C. §3307, appropriations are authorized for alterations to the Daniel Patrick Moynihan U.S. Courthouse in New York, NY and the Peachtree Summit Federal Building in Atlanta, GA to allow for the consolidation of various government agencies from existing lease locations into federally owned space, at a proposed cost of$16,lOO,OOO, a prospectus for which is attached to and included in this resolution.

Providedfurther, that the General Services Administration shall not delegate to any other agency the authority granted by this resolution.

Adopted: February 28, 2013 ~~ Chairman

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GSA PBS

PROSPECTUS - CONSOLIDATION INTO FEDERALLY OWNED SPACE VARIOUS LOCATIONS

Prospectus Number: PCO-OOOI-VA13 Congressional Districts: Multiple

Prosnectus Summary: The General Services Administration (GSA) proposes interior space alterations to the Daniel Patrick Moynihan U.S. Courthouse, New York, NY and the Peachtree Summit Federal Building, Atlanta, GA, to allow for the consolidation of various government agencies fi.·om existing lease locations into federally owned space. The proposed projects will recapture vacant Government-owned space, resulting in the avoidance of costly future year lease obligations and improved utilization of owned assets.

Proposed Buildi~gs:

Daniel Patrick Moynihan U.S. Courthouse ...... $13,800,000 New York. NY

Peachtree Summit Federal Building ...... $2,300,000 Atlanta, GA

Authorization Requested ...... $16,100,000

Schedule

FY2013 Construction Start FY2014 Project Completion

Summary of Energy Compliance This. project will integrate and implement sustainable design principles and energy efficiency effolt as seamlessly as possible into all aspects of both the design and construction process. .

Alternatives Considered (30-year, present value cost analysis) There are no feasible alternatives to these projects.

Recommendation AL TERA TION and CONSOLIDATION INTO FEDERALLY OWNED SPACE

1

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GSA PBS

PROSPECTUS - CONSOLIDATION INTO FEDERALLY OWNED SPACE VARIOUS LOCATIONS

l>rospectus Number: PCO-OOOI-VA13 Congressional Districts: Multiple

Proposed Projects:

Daniel Patrick Moynihan U.S. Courthouse ...... ,...... $13,800,000 500 Pearl Street New Yo1'l<, NY Tenant agencies: Judiciary and GSA

In SUppolt of the building-wide modernization project currently undelway at the Thurgood Marshall U.S. Courthouse, New York, NY, it was necessary to relocate Probation and Pretrial Services from the Moynihan Courthouse to leased space in order to provide temporary chambers for the District judges displaced from the Thurgood Mal'Shall Courthouse. When the Distlict judges move back into the Thurgood Marshall Courthouse in 2012, approximately 138,000 rentable square feet (rst), will become vacant in the Moynihan Courthouse. This project proposes alterations to restore and re-align the space currently configured as judge's chamber to space that will allow for the relocation of Probation, Pl'etlial Services and other Judiciary fimctions into the Moynihan Courthouse. The reconsolidation of these Judiciary functions will allow the Govermnent to release costly leased space reducing the Government's rental payment by $7,100,000 annually.

Peachtree Summit Federal Building ...... uu ...... $2,300,OOQ 401 W. Peachtree Street Atlanta, GA Tenant agencies: Multiple tenants. This project 'Win relocate the Depal·tment of Housing and Urban Development into the Federal building.

The Peachtree Summit FB currently has 115,000 fsf of vacant space providing for an opportunity to consolidate Government operations within Federally owned space. HOD operations within Atlanta are currently housed in mUltiple locations - in both leased space and federally-owned space. By consolidating HUn operations into the vacant space in the Peachtl-ee Summit FB, HUD will reduce their overall footprint space by 18,970 rentable square feet and reduce tlleir annual lease costs by $1.8 million by eliminating their leased space in Atlanta. In addition to the cost savings, occupancy in Federally owned space will address poor configuration, security issues, and other concerns that HUD has experienced in their current leased location. Relocating HUD to the Peachtree Summit FB will also ~ake more efficient use of vacant federally-owned space, accommodate HUD's requirements allowing for in-house conference !i!ld training space, reduce RUD's costs, and address agency security concerns.

2

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GSA PBS

PROSPECTUS - CONSOLIDATION INTO FEDERALLY OWNED SPACE VARIOUS LOCATIONS

Prospectus Number: PCO-0001-VA13 Congressional Districts: Multiple

Certification of Need

The proposed projects are the best solutions to meet validated Govel'mnent needs.

Submitted at Washington~ DC, on __Fe_bruaxy_---"'---2_2,'---2_01_2 ______

Recommended:_£~~~t1~,~~. _ Commissioner, Public Buildings Service ---

Approved: __-I-:----:-~~...;...... :....:.....:;.~_+=-+,..!:...J<.---"'-"'-:-~--:-_-_-----

3

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ALTERATION Christopher P. Bertram, Staff Director EXIGENT NEED PROJECTS James H. Zola, Democrat Staff Director VARIOUS BUILDINGS PEX-OOOOI

Resolved by the Committee on Transportation and Infrastructure ofthe US. House ofRepresentatives, that pursuant to 40 U.S.c. §3307, appropriations are authorized for critical needs projects to improve building safety systems, abate hazardous materials, and repair structural deficiencies within Government-owned buildings during fiscal year 2013, at a proposed cost of $122,936,000, a prospectus for which is attached to and included in this resolution. .

Providedfurther, that the General Services Administration shall not delegate to any other agency the authority granted by this resolution.

Adopted: February 28, 2013

~~BI Shuster, M.C. Chainnan

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GSA PBS

PROSPECTUS -ALTERATION EXIGENT NEED PROJECTS VAlUOUSBUILDINGS

Prospectus Number: PEX~OOOOI Congressional Districts . Multiple

Description: This prospectus is submitted to seek authol'ization to undeliake cl'itical need projects dUrillg fiscal year 2013. Justification: GSA is seeking authority to undertake critical needs projects improving building and safety systems, including elevators, fire and life safety, electrical and heating and ventilation systems; abating hazardous materials; and repairing structural deficiencies. Alternatives:

STATUS QUO ~ Continued operation of systems and facilities that are antiquated, unsafe and uDl'eliable as well as the underutilization of owned space which results in costly lease space obligations is not an acceptable alternative. AL TERA TION - Reliable and safe building systems and fully utilized government owned space is essential to the management and operation of these facilities. Recommendation: Authorize construction funding in the amount of $122,936,000 for the projects described below. Authority Requested in this Prospectus...... $122,936,000

1

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GSA PBS

PROSPECTUS - ALTERATION EXIGENT NEED PROJECTS VARIOUS BUILDINGS

Prospectus Number: PBX-OOOOI Congressional Districts Mul~iple

Certification of Need

The proposed projects are the best solutions to meet validated Government needs.

Submitted at Washington, DC, on _....:::EI:.:::::ebruary==-~2~2Ui,2~O:,,:;12~ ______

Recommended:

Approved: __....l!li:...- __At...::....:..~ __ ...... :...;._n+-/...!.~_~~_. ______AdministratorJGeneral Services Administration

2

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GSA PBS

PROSPECTUS-ALTERATION EXIGENT NEED PROmCTS VARIOUS BUILDINGS

Prospectus Number: PEX-OOOOl Congressional Districts Multiple

FISCAL YEAR 2013 EXIGENT NEEDS PROJECTS

Baltimore, MD G. H Fallon Federal Building $ 5,158,000 New York, NY Ted Weiss Federal Building $11,700,000 New York, NY ConradB. Duberstein U.S. Bankruptcy Courthouse $ 5,000,000 Chamblee, GA Chamblee IRS Annex $ 3,400,000 Denver, CO U.S. Customs House $ 3,200,000 Missoula, MT Missoula Federal Building Post Office and U.S. Courthouse $ 5,000,000 San Francisco, CA Phillip Burton Federal Building and U.S. Courthouse $ 5,500,000 Portland, OR BPA Building $ 8,500,000 Portland, OR 911 Federal Building $ 7,000,000 Multiple Buildings Anderson, SC - G. Ross Anderson Jr. Federal Building Courthouse Dublin, GA - Roy Rowland Federal Courthouse Charleston, SC - U.S. Customs House Owensboro, KY - Federal Building $3,000,000 Washington, DC Sidney Yates Building $ 11,000,000 Washington, DC GSA Headquarters Building $ 3,200,000 Washington, DC Frances Perkins Building $15,000,000 Washington, DC Robert C. Weaver Building $ 12,000,000 Washington, DC Harry S. Truman (Main State) Building $ 9,000,000 Reston, VA John W. Powell Federal Building $ 10,265,000 Battle Creek; MI Battle Creek Federal Complex' $ 5)013,000

3

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Prospectus Number: PBX-OOOOI Con~essiona1 Districts Multiple

Project Descriptions

Baltimore, MD G. H. Fallon Federal Building ...... $5,158,000

The project would replace aging and original bus ducts at the Fallon Federal Building. The bus ducts· are in poor operating condition, deteriorated, unreliable, and unsafe, posing a potentially severe danger to the building tenants if they fail. The insulation is wom and peeling, exposing live conductors that frequently malfunction. The bus ducts are critical primary electrical distribution devices that supply high voltage electrical power throughout the building. The severe and continued deterioration of the ducts' insulation increases the likelihood of catastrophio eleotrical failures, leading to building shutdowns.

New York, NY Ted Weiss Federal Building ...... "...... ,...... $11,700,000

The projeot would modernize the elevators in the 34 story Ted Weiss Federal Building. The elevators have reached the end of their usefu11ife with intelTupted service being a constant problem. Necessary repairs to the elevators will improve safety and ensure reliability. .

NewYork,NY Conrad B. Duberstein U.S. Bankruptcy Courthouse ...... $5,000,000

The project would stabilize the terra cotta vaulted ceiling above the drop ceiling and remediate the lead paint covered plaster at the Conrad B. Duberstein Bankruptcy Courfuouse which was constructed in 1892. The plaster ceiling has fallen through the drop ceiling on several occasions, which poses safety conce1'ns. A temporary measure has been put in place to protect building occupants, however the faIling debl'is needs to be address~d in a permanent manner.

4

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GSA PBS

PROSPECTUS -ALTERATION -EXIGENT NEED PROJECTS VARIOUS BUILDINGS

Prospectus Number: PEX-OOOOl Congrt:?Ssionai Districts Multiple

Chamblee, GA

Chamblee IR..S Annex .. "...... "...... " ...... It •••••••••••••• $3,400,000

The Internal Revenue Service Annex parking deck is experiencing excessive slab deflections, cracking and distress at both elevated slabs and multiple other serviceability and strength issues. This project will complete repair of all strength and serviceability issues ·including strengthening the existing elevated slabs and their supporting columns, repairing all concrete/CMU cracks and spaIls, adding additional lateral force resisting shearwalls with supporting foundations, and adding a steel support fi.'aDle with supporting foundation along the length of the cantilever portion of the slabs. These repairs will allow for the utilization of all of the structure's 778 parking spaces, including the approximately 115 which have been shut down due to these deficiencies.

Denver,CO U.s. Customs House ...... ,..... ~ ...... t., ••••••••••••••••••••••••••••• $3,200,000

The project includes repairs to the HVAC system, mold remediation, asbestos abatement and incidental presel'vation of historic features for the Customs House in affected areas. Mold remediation activities include repair of the subfloor from leaking induction units, and asbestos abatement of floor tile and floor replacement Renovations to the restrooms will be undertaken to comply with ADA compliance and to remedy existing health and safety hazards.

Missoula, MT Missoula Federal Building Post Office and U.s. Coulihouse ...... $5,000,000

The project for the Missoula, MT Federal Building-Post O~ce and U.S. Courthouse would install a new ADA compliant elevator, replace the electrical panels and switches, install an emergency power generator; upgrade restrooms to ADA compliance, upgrade the HV AC system, repair exterior masomy and replace the hot water distribution system. The CU1Tent cooling towers have passed their useful life and are in need of replacement. An EMS system will control the entire building conditioning system to provide energy savings and improve tenant comfort. A new elevator will meet ADA standards and provide access to every floor. The electrical system will be brought up to current standards. Repairs to the exterior masonry will stop water penetration and further damage to interior paint and plaster and prevent the possibility of mold growth.

5

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GSA PBS

PROSPECTUS -ALTERATION EXIGENT NEED PROJECTS VARIOUS BUILDINGS

Prospectus Number: PBX-OOOOl Congressional Districts Multiple

San Francisco, CA Phillip BUlion Federal Building & Courthouse ...... $5,5~0~000

The project includes raising existing air intakes to the thh'd floor level from the current ground level location~ reducing the level of gl'ound contaminants entering into the ventilation system.

POltland, OR Bonneville Power Administration Building ...... $8,500,000

The building requires upgrading of elevator controls and the relocation of HVAC outside air intakes from the street level to the third floor. Elevators are experiencing reliability issues. New elevator controls will use more energy efficient equipment. The existing air intakes, which are at street level will be raised to reduce the amount of ground contaminant particles entel'ing the ventilation system ..

Portland, OR 911 Federal Building ...... ,., .... ,..... ,.... ,., ... "...... "..... "...... ,...... $7,000,000

The project includes the replacement of the electrical service and distribution equipment and the addition of a lightning protection system to the 911 Federal Building. Nearly all of the electrical equipment is original to the 1953 office building. The electrical system is beyond its useful life and has serviceability issues as a result of parts for repair and maintenance becoming more difficult to obtain. The building does not l1ave a lightning protection system and a facility condition assessment indicated that the building has a moderate to high risk per National Fire Protection Association (NFP A) standards.

6

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Prospectus Number: PEX~OOOOI Congressional Districts Multiple

Anderson, SC G. Ross Anderson Jr. Federal Building Courthouse Dublin,GA Roy Rowland Federal Courthouse Charleston, SC U.S. Customs House Owensboro, KY

Federal Building ...... ", .... t ...... :, •••••••••• ; •• t ...... , ...... r ...... u ••••• $3,000,000

The fire alann systems in the G. Ross Anderson Jr. Federal Building Courthouse, the Roy Rowland Federal Courthouse, the U.S. Customs House and the Federal Building are outdated and need to be replaced. The manufacturers can no longer maintain the systems because spare parts are not available. The buildings have only a single open stair for egress from the upper floors. To increase the life safety of the building and the occupants, a sprinkler system will be installed with a booster fire pump to accommodate the low water pressure and new underline water systems will be installed. The new alarm systems will include voice evacuation systems to comply with the current requirements of the NFP A 72, National Fire Alarm Code.

Washington, DC Sidney Yates Building ...... $11,000,000

The exterior envelope of the historic Sidney Yates Building requires repairs· to ensure pedestrian safety due to the hazard of falling masom-y and to combat the effects of water infiltration. The project includes re~pointing of exterior masoUl-Y walls and projecting bands, repairing damaged stone and masonry in the moat retaining walls, repairing railings around the building, caulking of exterior facing windows, repairlreplace of built~in gutter lines, replace counter flashing above the ,gutter lines and installation of drain bodies in all rain leaders.

Washington, DC GSA Headqualters Building ...... $3,200,000

The elevators at the General Services Administration Headquarters Building are in need of upgx.ades to ensure reliability These elevators are not a part of the first phase ofthe current modernization project and have passed their usefullife and need to be replaced. Numerous problems have been and continue to be reported, and expensive and sustained outages are ·conunon due to difficulty finding parts.

7

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GSA PBS

PROSPECTUS - ALTERATION EXIGENT NEED PROJECTS VA1rrOUSBUlLDENGS

Prospectus Number: PEXMOOOOI Congressional Districts Multiple

Washington, DC

Frances Perkins Building ...... h ...... H ...... u ...... $15,000,000

The fire alarm system in the Frances Perkins Building is outdated and needs to be upgraded to provide emergency communication features and to comply with the National Fire Alarm Code and current GSA l'equirements. The manufacturer is no longer maintaining this type of system and spare parts are not available and must be fabricated at significant cost to Government. If the system fails, the building and ocCupants will be without a centralized way to be notified in the event of a fire emergency, In addition, the system does not have a voice component which would permit its use for other types of non-fire emergencies.

Washington, DC Robert C. Weaver Building ...... u ...... ~u ...... u ...... $12,000,000

The existing fire alarm system in the Robert C. Weaver Building, has failed several times over the past few years leaving the building without an alarm and vulnerable on multiple occasions. The system does not provide reliable service or voice communication to the building and needs to be upgraded. While there have been minor modifications and additions to the system, the antiquated hardwired system is no longer supported by manufacturers. Any failure of a major component will result in inoperable conditions since replacement parts are no longer available. In addition, the current system does not comply with the National Fire Alarm Code or GSA requirements.

Washington, DC Harry S. T~uman (Main State) Building ...... $9,000>000

Approximately 22 elevators in the Harry S. Tl"Ul11an (Main State) Building need to be renovated. Since 1988, approximately one-half of the building has been part of an ongoing modernization project. However) the proposed elevator renovation is not part of the current project. The elevators are susceptible to reliability problems as the operationalUfe of the equipment is unknown and continued availability ofthe palts is unceliain. .

8

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GSA PBS

PROSPECTUS - ALTERATION EXIGENT NEED PROJECTS VAFUOUSBUILDENGS

Prospectus Number: PBX-OOOOI Congressional Districts Multiple

Reston, VA JOM W. Powell Federal Building ...... $10,265,000

The fire alarm system in the JohD. W. Powell Federal Building needs to be upgraded to provide emergency communication features and to comply with the National Fire Alarm .Code, and current GSA requirements.

Battle Creek, MI Battle Creek Federal Center ...... $5,013,000

The Battle Creek Federal Center, also known as the Hart-Dole-Inouye Federal Center consists of 21 buildings which contain approximately 800,000 rentable square feet of space. The buildings are located on 25 acres ofland, northwest of the Battle Creek CBD. This asset is currently used by the Defense Logistics Agency and operates 2417. The fire and life safety system does not comply with current codes and will be replaced for the entire complex. The upgraded system would include strobes, and notification devices.

9

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'1iU §;4ustrr lIas4ingtnn. 1m 2U515 Nick 3.1. i.a4all •.J) QUtairman COMMITTEE RESOLUTION i.ankfng Sember

LEASE Christopher P. Bertr8Jl\, Staff Director Jame. H. Zola, Democrat Staff Director DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE NORTHERN VIRGINIA PV A-09-W A 13

Resolved by the Committee on Transportation and Infrastructure ofthe u.s. House ofRepresentatives, that pursuant to 40 U.S.C. §3307, appropriations are authorized for a replacement lease of up to 183,000 rentable square feet of space, including 15 parking spaces, for the Department of the Interior Fish and Wildlife Service, currently located at 4301,4401, and 4501 North Fairfax Drive, Arlington, Virginia, at a proposed total annual cost of$7,137,000 for a lease tenn of up to 15 years, a prospectus for which is attached to and included in this resolution.

Approval of this prospectus constitutes authority to execute an interim lease for all tenants, if necessary, prior to the execution of the new lease. '

Provided that, the Administrator of General Services and tenant agencies agree to apply an overall utilization rate on 89 square feet or less per person.

Provided that, except for interim leases as described above, the Administrator may not enter into any leases that are below prospectus level for the purposes of meeting any of the requirements, or portions thereof, included in the prospectus that would result in an overall utilization rate of 189 square feet or higher per person.

Provided that, to the maximum extent practicable, the Administrator shall include in the lease contract(s) a purchase option that can be exercised at the conclusion of the firm term of the lease.

Providedfurther, that the Administrator shall require that the delineated area of the procurement is identical to the delineated area included in the prospectus, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall provide an explanatory statement to the Committee on Transportation and Infrastructure of the House of Representatives prior to exercising any lease authority provided in this resolution.

Providedfurther, that the General Services Administration shall not delegate to any other agency the authority granted by this resolution.

Adopted: February 28, 2013

~~Bill Shuster, M.e. Chainnan

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GSA PBS

PROSPECTUS - LEASE DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE NORTHERN VIRGINIA

Prospectus Number: PV A-09-WA13 Congressional District: 8, 10, 11

Executive SummarY

The General Services Administration (GSA) proposes a replacement lease of up to 223,000 rentable'square feet for the Department of the Interior (DOl) Fish & Wildlife Service (FWS) cun-entlylocated at4301, 4401, and 4501 North Fairfax Drive, Arlington, VA.

Replacement of the current leases at multiple locations will enable DOI-FWS to provide continued housing for current personnel and also to accommodate projected increases in staffing needed t9 launch a new initiative to track the effects of climate change on wildlife. In meeting both its current and proposed mission requirements, DOI-FWS will significantly improve its utilization of space, resulting in the improvement of its office utilization rate :from 164 USF to 129 USF per person and its overall utilization rate from 243 USF to 190 USF pel' person. The end product of improved space utilization is the prospectus proposal.to ,house both current personnel and new hires in 35,000 RSF less space than the total of cun'ent, occupancies.

The maximum proposed rental rate in this prospectus is a projected rate for lease transactions with a future effective (rent start) date consistent with the expiration of the current leases in 2013 and 2014. GSA 'will conduct the procurement using prevailing market rental rates as a benchmark for the evaluation of competitive offers and as a basis fOl' negotiating with off'erors to ensure that lease award is made in the best interest ofthe Government.

Acquisition Strategy

In order to maximize the flexibility in acquiring space to house the Department of Interior, Fish and Wildlife elements, GSA may issue a single, multiple award solicitation that will allow offerors to provide blocks. of space able to meet requirements in whole or in part.

1

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GSA PBS

.PROSPECTUS-LEASE . DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE NORTHERN VIRGINIA

Prospectus Number: PVA-09-WA13 Congressional District: 8, 10, 11

Description Occupant: FWS Lease Type Replacement Current Rentable Square Feet (RSF) 258,373 (Current RSFIUSF = 1.2) Proposed Maximum RSF: 223,000 (proposed RSFIUSF = 1.2) Expansion Space: Reduction of 35,373 RSF Current Usable Square FeetlPerson: 243 Pl'Oposed Usable Square FeetlPerson: 190 Proposed Maximum Leasing Authority: 15 years Expu'ation Dates of Current Leases: 11212013,9(11/2013,9130/2013 and 4114/2014 Delineated Area: Northern Virginia

Number of Official Parking Spaces: 15 Scoring: Operating Lease l Maximum Proposed Rental Rate : $39.00 Pl'Oposed Total Annual Cose: $8,697,000 Cun'ent Total Annual Cost: $8,942,741 (leases effective 113/03, 8/12/02,10/1/08,4/15/04)

Background

The FWS headquarters was established on North Fairfax Drive approximately 24 years ago. Currently, staff occupies all or portions of three adjacent buildings. Due to this adjacency, FWS has installed a secure, underground fiber optic network connecting the buildings. The existing housing solution for FWS indicates that multiple adjacent buildings as well as a single building can meet the agency's requirements for an integrated headqualters operation. This is reflected in the acquisition strategy indicated above.

IThis estimate is for fiscal year 2014 and may be escalated by 1.75 percent annually to the effective date ofthe lease to account for inflation. The proposed rental rate is fully serviced including all operating expenses whether paid by the lessor or directly by the Government. . 2Any new lease may contain an annual escalation clause to provide for increases or decreases in real estate taxes and operating costs. 2

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GSA PBS

PROSPECTUS - LEASE DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE NORTHERN VIRGINIA

Prospectus Number: PVA-09-WA13 Congressional District: 8, 10, 11

Justification

FWS is currently housed in multiple building under multiple leases that will expire in 2013 and 2014. In addition, FWS has established a new initiative to track the effects of climate change on wildlife and their habitats. New hires coming on board between 2010 and 2013 will support this new initiative. The leasing strategy proposed in this prospectus will provide hous.ing for all current FWS personnel as well as new hires to ensure continuing performance of the FWS mission.

Summary of Energy Compliance

GSA will incorporate energy efficiency requirements into the Request for Proposals and other documents related to the procurement of space for which this prospectus seeks authorization. GSA encourages offerors to work with energy service providers to exceed minimum requirements set forth in the procurement and to achieve an energy Star performance rating of75 or higher.

Resolutions of Approval

Resolutions adopted by the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works approving this prospectus will constitute approval to make appropriations to lease space in a 'facility that will yield the l'equired rentable area.

Interim Leasing

GSA will execute such interim leasing actions as are necessary to ensure continued housing of the tenant agency prior to the effective date of the new lease. It is in the best interest of the Government to avert the financial risk of holdover tenancy ,

3

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GSA PBS

PROSPECTUS-LEASE DEPARTMENT OF THE "INTERIOR FISH AND WILDLIFE SERVICE NORTHERN VIRGINIA

Prospectus Number: PVA-09-WA13 Congressional District: 8, 10, 11

Certification of Need

The proposed lease is the best solution to meet a validated Government need.

Submitted at Washington, DC, on _-=.:Feh=ru.=ary=..L-=2==2:.Ll-:2:::::O:,:::.1=..2 ______

Recommended: __\'-"()~""'-:5ac&~P""':...looo!!~-Ia-+-.:...~~~;;;.,,-:"""==- ______~comnnSSloner, . , 1,1Ie BUl 'ldi ngs Sel'Vlce '

Approved: __ ---!.!I1~_~~.!-~~:!:.!:.-_I~~~~~---_----­Administrator, Gen

4

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O!nmmiftee nn wranspnrtntinn nnb 1nfrastrurture Jt.~. lInuse of Iltpresentatiues

iSiU !;~usttt lIag4ingtnn. N 2U515 With 31. fRa4aU. 3J3J Q14ainuan COMMITTEE RESOLUTION fRanking iltmbtr

LEASE Christopher P. Bertram, Staff Director James H. Zoia. Democrat Staff Director NATIONAL LABOR RELATIONS BOARD WASHINGTON, DC PDC-05-WA13

Resolved by the Committee on Transportation and Infrastructure ofthe U.S. House ofRepresentatives, that pursuant to 40 U.S.C. §3307, appropriations are authorized for a replacement lease of up to 155,000 rentable square feet of space, including 11 parking spaces, for the National Labor Relations Board, currently located at 1099 14th Street, NW, Washington, DC, at a proposed total annual cost of $7,750,000 for a lease term of up to 15 years, a prospectus for which is attached to and included in this resolution.

Approval of this prospectus constitutes authority to execute an interim lease for all tenants, if necessary, prior to the execution of the new lease.

Provided that, the Administrator of General Services and tenant agencies agree to apply an overall utilization rate of 200 square feet or less per person.

Provided that, except for interim leases as described above, the Administrator may not enter into any leases that are below prospectus level for the purposes of meeting any of the requirements, or portions thereof, included in the prospectus that would result in an overall utilization rate of200 square feet or higher per person.

Provided that, to the maximum extent practicable, the Administrator shall include in the lease contract(s) a purchase option that can be exercised at the conclusion of the finn term of the lease.

Providedfurther, that the Administrator shall require that the delineated area of the procurement is identical to the delineated area included in the prospectus, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall provide an explanatory statement to the Committee on Transportation and Infrastructure of the House of Representatives prior to exercising any lease authority provided in this resolution.

Providedfurther, that the General Services Administration shall not delegate to any other agency the authority granted by this resolution.

Adopted: February 28, 2013 ~r,~ Chairman

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GSA PBS

PROSPECTUS - LEASE NATIONAL LABOR RELATIONS BOARD WASHINGTON, DC

Prospectus Number: PDC-05-WA13

Executive Summary

The General Services Administration (GSA) proposes a replacement lease of up to 155,000 rentable square feet of space for the National Labor Relations Board (NLRB) in Washington, DC. NLRB is currently located in the Franklin Court Building at 1099 l4th St., NW, Washington, DC.

NLRB will significantly improve its utilization of space, resulting in the improvement of its office utilization rate from 179 USF to 130 USF per person and its overall utilization rate from 307 USF to 200 USF per person. The end product of improved space utilization is the prospectus proposal to house NLRB personnel in approximately 92,000 RSF less space than the current occupancy.

The maximum proposed rental rate in this prospectus is a projected rate for lease transactions with a future effective (rent start) date consistent with the expiration of the current lease in June 2013. GSA will conduct the procurement using prevailing market rental rates as a benchmark for the evaluation of cOInpetitive offers and as a basis for negotiating with offerors to ensure that lease award is made in the best interest of the Government. Lease award shall not exceed the maximum rental rate as specified in this prospectus.

Description

Occupant: NLRB Lease Type Replacement Current Rentable Square Feet (RSF) 247,219 (Current RSFIUSF =1.25) Proposed Maximum RSF: 155,000 (proposed RSFIUSF=1.2) Expansion Space RSF: Reduction of 92,219 RSF Current Usable Square Feet/Person: 307 Proposed Usable Square FeetlPerson: 200 Proposed Maximum Leasing Authority: 15 years Expiration Dates of Current Lease(s): June 24,2013 Delineated Area: Washington, DC, Central Employment Area Number of Official Parking Spaces: 11 Scoring: Operating Lease

1

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GSA PBS

PROSPECTUS - LEASE NATIONAL LABOR RELATIONS BOARD WASHINGTON, DC

Prospectus Number: PDC-05-WA13

1 Maximum Proposed Rental Rate : $50.00 2 Proposed Total Annual Cost : $7,750,000 Current Total Annual Cost: $11,264,352 (lease effective 6/25/08)

Background

The National Labor Relations Board is an independent federal agency vested with the power to safeguard employees' rights to organize and to determine whether to have unions as their bargaining representative. The agency also ayts to prevent and remedy unfair labor practices committed by private sector employers and unions.

Justification

The current lease at 1099 14th Street, NW, Washington, DC expires on June 24, 2013. NLRB has been housed at this location since 1993. NLRB requires continued housing to carry out their mission and plans to do so in a more efficient real estate footprint. NLRB will be transitioning from a traditional workplace environment to one which is mor~ flexible and conducive to a mobile work environment. Innovative approaches to space management and alternative workplace arrangements such as telework are under consideration. These strategies will increase NLRB's space efficiencies, reduce their footprint, and generate increased real estate cost savings long term.

Summary of Energy Compliance

GSA will incorporate energy efficiency requirements into the Request for Lease Proposals and other documents related to the procurement of space based on the approved prospectus. GSA encourages offerors to work with energy service providers to exceed minimum requirements set forth in the procurement and to achieve an Energy Star performance niting of 75 or higher.

Resolutions of Approval

Resolutions adopted by the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works approving this prospectus will constitute approval to make appropriations to lease space in a facility that will yield the required rentable area.

1 This estimate is for fiscal year 2013 and may be escalated by 1.75 percent annually to the effective date of the lease to account for inflation. The proposed rental rate is fully serviced including all operating expenses whether paid by the lessor or directly by the Government. 2 Any new lease may contain an annual escalation clause to provide for increases or decreases in real estate taxes and operating costs. 2

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GSA PBS

PROSPECTUS - LEASE NATIONAL LABOR RELATIONS BOARD WASHINGTON, DC

Prospectus Number: PDC-05-WA13

Interim Leasing

GSA will execute such interim leasing actions as are necessary to ensure continued housing of the tenant agency prior to the effective date of the new lease. It is in the best interest of the Government to avert the financial risk of holdover tenancy.

Certification of Need

The proposed project is the best solution to meet a validated Government need.

Submitted at Washington, DC, on __J_U_L_5_20_12 ______

{j - (u C~Jl n - rY. In,· 11 l 0-LV.( \ Recommended: _--+1-1-JJ-,<;): "",JI-'I"",lI:7""!4",-,/'-"=-~. :-~ --"-.-:..:_!_v_r...,...::::.tJ_~_--_---- \./ A't;tingCommissioner, Public Buildings Service

Approved: ------FT'"-.:-'---I-~~~------

3

VerDate Mar 15 2010 02:24 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MR7.022 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE Insert offset folio 1129/36 here EH04MR13.036 H874 CONGRESSIONAL RECORD — HOUSE March 4, 2013 836 880 680 838 1,218 2,208 1476 2142 2738 2059 3,612 18,683 129,000 129000 USF Total DC A13 W 18683 18,683 (USF) Rooms Space Room Fect Room Room PDC-05- Rooms Special Unit Union Washington, File 1 Room Special Square Total Trainmg Credit Cases MailRoom Libraries CourtRooms Health KitchenlBreak COPY Computer Conference Usable 2817 2,817 Pro~osed Storage 107500 107,500 Office 645 645 building Total the of 645 645 Personnel Office occupants the to personnel jointly 197,770 197770 Total space Plan total space by available I I I I I I support support person NLRB divided space (USF) per 40,966 40966 office 130 200 * office and USF Special of Housing Feet of Proposed Proposed I (UR I I total DSF USF .. office space !>quare Rate plan 8,854 8854 of furnishings, 307 179 23,650 32,549 Storage and Current Current Usable housing I I J Current amount USFlPerson - Utilization excludes excludes Rate DR personnel 147,950 147950 UR average Offlee Rate maintenance = Office USFlPernon and UR tenants' Utilization •• Proposed Current * I I I I I I by - use 645 645 Total for operations 645 645 Personnel building available . to Office building devoted Total Lease DC ofthe space portion Proposed include the not Washinll(ton 2011 does means NW Loeations Street footage footage October square square 109914th lsable [sable

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iSUl &~ustet lIas4ingtnn. l1at 2nS15 Nick ~. iRa~au. 1IJ QI~ainnan COMMITTEE RESOLUTION iRan king 1IItembet

LEASE Christopher P. Bertram, Stafl'Dlrector James H. lob, Democrat Staff Director DEPARTMENT OF COMMERCE BUREAU OF ECONOMIC ANALYSIS WASHINGTON, DC PDC-12-WA13

Resolved by the Committee on Transportation and Infrastructure ofthe U.S. House ofRepresentatives, that pursuant to 40 U.S.C. §3307, appropriations are authorized for a replacement lease of up to 135,000 rentable square feet of space, for the Department of Commerce, Bureau of Economic Analysis, currently located at 1441 L Street, NW, Washii1gton, DC, at a proposed total annual cost of $6,750,000 for a lease term of up to 15 years, a prospectus for which is attached to and included in this resolution.

Approval of this prospectus constitutes authority to execute an interim lease for all tenants, if necessary, prior to the execution of the new lease.

Provided that, the Administrator of General Services and tenant agencies agree to apply an overall utilization rate of 197 square feet or less per person.

Provided that, except for interim leases as described above, the Administrator may not enter into any leases that . are below prospectus level for the purposes of meeting any of the requirements, or portions thereof, included in the prospectus that would result in an overall utilization rate of 197 square feet or higher per person.

Provided that, to the maximum extent practicable, the Administrator shall include in the lease contract(s) a purchase option that can be exercised atthe conclusion of the firm term of the lease.

Providedfurther, that the Administrator shall require that the delineated area of the procurement is identical to the delineated area included in the prospectus, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall provide an explanatory statement to the Committee on Transportation and Infrastructure of the House of Representatives prior to exercising any lease authority provided in this resolution.

Providedfurther, that the General Services Administration shall not delegate to any otller agency the authority granted by this resolution.

Adopted: February 28, 2013 ~,~ Chairman

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GSA PBS

PROSPECTUS-LEASE DEPARTMENT OF COMMERCE BUREAU OF ECONOMIC ANALYSIS WASHINGTON, DC

. Prospectus Nllmber: PDC-12-WA13

Executive Summary The General Services Administmtion (GSA) proposes a replacement lease of up to 135,000 rentable square feet for the Department of Commerce (DOC), Bureau of Economic Analysis (BEA) cUl·rently.located at 1441 L Street, NW, in Washington, DC. BEA has occupied space in this building under the current leas~ since 1993.

In meeting its mission requirements, BEA will improve its office utilization rate from 132 USF to 124 USF pel' person and its. overall utilization rate from 226 USF to 197 USF pel' person. This will result in a 12,960 RSF space reduction in relation to its Cl.ll'rent occupancy. . Desctiption

Occupants: DOC-BRA Lease Type: Replacement Current Rentable Square Feet (RSF) 147,960 (CulTent RSFIUSF=L13) 1 Proposed Maximum RSF : 135,000 (Proposed RSFIUSF=1.2) Expansion Space: Reduction of 12,960 RSF CUfl'ent Usable Square FeetlPerson 226 Proposed Usable Square Feet/Person 197 Proposed Maximum Leasing 15 years Authority:2 . Expiration Date of Current Lease: June 12,2013 Proposed Delineated Area: Washington, DC CentJ.'al Employment Area, Number of Official ParKing Spaces: None Scol'ing: Operating lease 3 Maximum Proposed Rental Rate : $50.00 per rentable square foot 4 Proposed Total Annual Cost : $6,750,000 Cun-ent Total Annual·Cost: $4,378,732 (lease effective 611311993)

1 TIte RSFIUSF at the current location is approximately 1.13; however, to maximize competition, a RSFIUSF ratio of 1.2 is used for the proposed malcimum RSF as indicated on the housing plan. . 2 In order to provide flexibility for BEA to consolidate into federally owned space, the procurement of space will be for a 10-year term and 5-year option. 3 This estimate is for fiscal year 2013 and may be escalated by 1.75 percent annually to the effective date of the lease· to account for inflation. The proposed rental rate is fully servk;ed .includulg all operating expenses whether paid by the lessor or directly by the Government. 4 Any new lease may contain an annual escalation clause to provide for increases or decreases in reat estate taxes and operating costs. . Page 1

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GSA PBS

PROSPECTUS ..... LEASE DEPARTMENT OF COMMERCE BUREAU OF ECONOMIC ANALYSIS WASHINGTON, DC

Prospectus Number: PDC~ 12-WA13

Background

Some of the widely used statistical measures produced by BEA include gross domestic product (GDP), personal income and outlays, corporate profits, GDP by state and by metropolitan area, balance of payments, and GDP by industry. These statistics are used by Federal, state, and local governments for budget developmeilt and projections; by the Federal Reserve for monetary policy; and by the business sector for planning and investment.

Justification

The cw:rent lease at 1441 L Street, NW, Washington, DC expires on June 12,2013, and BEA requireS continued housing to carry out its mission.

The maximum proposed rental rate in this prospectus is a projected rate for lease transactions with a fhture effective (rent start) date consistent with the expiration of the current lease itl June 20'13. GSA will conduct the procurement using prevailing market rental rates as a benchmark for the evaluation of competitive offers and as a basis for negotiating with offerors to ensure that the lease award is made in the best interest of the Government. Lease award shall not exceed the maximum rental rate as specified in this prospectus.

Summary of Energy Compliance

GSA will incorporate energy efficiency l'equiremellts into the Request for Lease Proposals and other documents related to the procurement of space based on the approved prospectus. GSA encourages offerors to work with energy service providel's to exceed minimum requirements set forth in the procurement and to achieve an·Energy Star perfOlmance rating of75 or higher.

Resolutions of Approval

Resolutions adopted by the House Committee on Transportation and Infrastructure and the' Senate Committee on Enviromnent and Public Works approving this 'prospectus will constitute approval to make appropriations to lease space in a facility that will yield the required rentable area.

Page 2

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GSA PBS

PROSPECTUS - LEASE DEPARTMENT OF COMMERCE BUREAU OF ECONOMIC ANALYSIS WASHINGTON, DC

Prospectus Number: PDC-12" WA13

Interim Leasing GSA will execute such interim leasing actions as are necessary to ensure continued housing of the tenant agency prior to the effective date of the new le~e. It is in the best interest of the Goverllinent to avelt the financial risk of holdover tenancy.

Certification of Need

The proposed project is the best solution to meet a validated Government need.

Submitted at Washington, DC, on ---=N~o:...:.ry=ember==-:2=1~'....;2=O:..=1:=2 ______

Recommended: __Q-:..-_N..A_----j~+----#'------n:~Jit: Approved: ----:--:----:-~-::-f-T-:----,r-:::-fv--:-:::---:-----:----7""':'"--:------­ Acting Adn'imistl'~tor, General Services Administration

Page 3

VerDate Mar 15 2010 02:24 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MR7.022 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE Insert offset folio 1129/41 here EH04MR13.041 March 4, 2013 CONGRESSIONAL RECORD — HOUSE H879 ! - 479 488 253 700 581 756 1.836 1,985 7,219 5.345 2.449 22,091 USF Total 112.515 112,5l5 . DC CUSP) Space Center 22,091 22,091 health Unit lo!?bies). Rooms Storage Feet Rooms Special and PDC-12-WA13 Speeia Copy Total ConfI'l'raining rrSpace File Health BlllIIkRoom MailRoom K.itOIle.Il Fitness Bike L1~ I Washington, Square - . - auditoriUlll, rooms, rest Storage (e.g., Usable Proposed rooms, building 90.424 90,424 Office tho supply of 570 570 Total building occupants the 570 570 rooms, Personnel to Office gear jointly Shops, personnel space craft 127792 127,792 total space available Total 147.960 135,000 by (e.g., space support MaximumRSF Analysis support pet'SOll and divided per office (USF) PIan. ._------_._._. office 'of us!' 32,272 l2,272 197 124 1.20 of mainte.Dance 1.13 space Feet Special RSF/uSF USF total Proposcil Proposed and USF I I fumisbings. Economic Rate* "'* office - - plwl Square and of Housing of 19,915 21,014 226 .132 operations Storage 112,515 127.792 Usable housing TotalUSF amount Utilb:ation Current Current _- = I I personnel excludes USFlPersou excludes .... Bureau Current building UR Office UR average to _--_ tenants' 95.520 95,520 = ..... Rate Rate Office -_ Current by Proposed UR "USWl'Cl'SOll .. Proposed Current lISe devoted for 566 566 space Total· available include not Personnel 5(;6 566 building does Office the of footage portion square the Usable means Locations 2012 bars): NW footage Leased Lease snack Street square and L January units, 1441 Usable ProPOSed Total

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LEASE Christopher P. Bertram, Staff Director James H. Zoia, Democrat Staff Director DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN AND FAMILIES WASHINGTON, DC PDC-II-WA13

Resolved by the Committee on Transportation and Infrastructure ofthe US. House ofRepresentatives, that pursuant to 40 U .S.C. §3307> appropriations are authorized for a replacement lease of up to 214,000 rentable square feet of space, including three parking spaces, for the Deprutment of Health and Human Services, Administration for Children and Families, currently located at 901 D Street, SW and at 1250 Maryland Avenue, SW, Washington, DC, at a proposed total annual cost of $10,700,000 for a lease term of up to 15 years, a prospectus for which is attached to and included in this resolution.

Approval of this prospectus constitutes authority to execute an interim lease for all tenants, if necessary, prior to the execution of the new lease.

Provided that, the Administrator of General Services and tenant agencies agree to apply an overall utilization rate of 170 square feet or less per person.

Provided that, except for interim leases as described above, the Administrator may not enter into any leases that are below prospectus level for the purposes of meeting any of the requirements, or portions thereof, included in the prospectus that would result in an overall utilization rate of 170 square feet or higher per person.

Provided that, to the maximum extent practicable, the Administrator shall include in the lease contract(s) a purchase option that can be exercised at the conclusion of the firm term of the lease.

Provided further, that the Administrator shall require that the delineated area of the procurement is identical to the delineated area included in the prospectus, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus; the Administrator shall provide an explanatory statement to the Committee on Transportation and Infrastructure of the House of Representatives prior to exercising any lease authority provided in this resolution.

Providedfurther, that the General Services Administration shall not delegate to any other agency the authority granted by this resolution.

Adopted: February 28, 2013

~~huster, M.C. Chairman

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GSA· PBS

PROSPECTUS - LEASE DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN AND FAMILIES WASmNGTON, DC

Prospectus Number: PDC~11-WA13

Executive Summary

The General Services Administration (GSA) proposes a replacernent lease of up to 214,000 rentable square feet (RSF) for the Department of Health and Human Sel'Vic~s (HHS) Administration for Children and Families (ACF). ACF is currently located at 901 D Street, SW, and at 1250 Mru:yland Avenue, SW, Washington DC.

Replacement of the currellt leases will enable HHS ACF to provide continued housing for current personnel and future staff members, III meeting its current mission requirements, HHS ACF will significantly improve its utilization of space, resulting in the improvement of its office utilization rate from 150 USF to 118 USF and its overall utilization rate from 209 USF to 170 USF per person. The end" product of improved space utilization is the prospectus proposal to house both current personnel and new personnel in 27,980 RSF less than the total of cut't'ent occupancies,

Acquisition Strategy

Although ACF ha~ expressed a preference to be located in one building, that preference must be evaluated in the context of a cOillpetitive procurement that may result in one or more locations. GSA may issue a single, multiple award lease solicitation that will allow offel'ors to provide blocs of space able to meet these requirements in whole 01' in part. All offers must provide space consistent with the delineated area defined by this prospectus in the description that follows.

Description Occupant: HHS-ACF Lease Type: Replacement Current Rentable Square Feet (RSF): 241,980 (current RSFIUSF == 1.16) 1 Proposed Maximum RSF : 214,000 (market RSFIUSF == 1.2) Expansion.space RSF: Reduction of 27,98Q RSF Current Usable Square FeetlPerson: 209 ~roposed Usable Square FeetlPerson! 170 Proposed Maximum Leasing Authority: 15 years

'The average RSFIUSF at the Ctlll'ent locations is approximate.ly 1.16, however to maximize competition, a RSFIUSF ratio of 1.2 is used fOl" the proposed maximum RSF as indicated in the housing plan. 1

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GSA PBS

PROSPECTUS-LEASE DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN AND FAMILIES WASHINGTON, DC

Prospectus Numbel': PDC-l1-WA13

Expiration Date(s) of Current Lease(s): 11130/14, 12131114 Delineated Area: . Washington, DC, Central Employment Area Number of Official Parking Spaces:. 3 Scoring: Operating lease 2 Maximum Proposed Rental Rate : $50.00 Proposed Total Annual Cosf: $lO,700,000 Current Total Annual Cost: $11,299,045 (leases effective 12/1109 and 1I11lO)

Backround

ACF is responsible for federal programs that· promote the economlc and social well-being of families, children, individuals, and communities. Actual services are provided by state, county, city and tribal governments, and public and private local agencies. ACF assists these organizations through funding, policy direction, and illfol'ma~on services.

Justification

ACF is cU1Tently housed at 901 D Street, SW, and at 1250 M81yland Avenue, SW, Washington, DC, under leases that expire December 31, 2014, and November 30, 2014, respectively. ACF requires continued housing to carry out its mission.

The maximum proposed l'entall'ate in this prospectus is a projected rate for lease transactions with a future effective (rent start) date consistent with the expiration of. the current leases on November 30 and December 31,2014. GSA will conduct the procurement using prevailing mal'ket rental rates as a benchmark for the evaluation of competitive offers and as a basis for l1egotiating with offerors to ensure that lease award is made in the best interest of the Government. Lease award shall not exceed the maximum renta~ rate as specified in this prospectus.

2 This estimate is for fiscal year 2015 and may be escalated by 1.75 percent annually to the effective date of the lease to account for inflation. The proposed rental rate is fully serviced including all operating expenses whether paid by the lessor or directly by the Govenunent. 3 Any new lease may contain an annual escalation clause to provide for increa$es or decreases in real estate taxes and operating costs. 2

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GSA PBS

PROSPECTUS-LEASE DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CIDLDREN AND FAMILIES WASmNGTON, DC

Prospe~tus Nuillber: ~DC~ 11 ~ WA13

Energy Pel'folmance GSA will incorporate energy efficiency requirements into the Request for Lease Proposals and other documents related 10 the procurement of space based on the approved prospectus. GSA encourages offerors to work with enel'gy service pro'0.ders to exceed minimum requirements set forth in the procurement and to achieve an Energy Star performance rating of75 or higher.

Resolutions of Approval

Resolutions adopted by the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works approving this prospectus will constitute approval to make appropriations to lease space in a facility that will yield the required rentable area.

Interim Leasing

GSA will execute such interim leasing actions as are necessru:y to ensure conti~lued housing of the tenant agency plio!' to the effective date of the new lease. It is in the best interest of the Govermnelltto avert the financial risk of holdover tenancy.

3

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GSA PBS

PROSPECTUS - LEASE DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN AND FAMILIES WASHINGTON, DC

Prospectus Numbel': PDC·ll·WA13

Certification of Need

The proposed project is the best SOlUti011 to meet a validated Government need.

Submitted at Washingto11) DC, 011 _.!:.!.No~lIJ;:.::embe=::::r:.-.2=.:1=.!,~20~1:.=:!2______

Recommended: ------+--+-~------Commis

Approved: ----~--'-----.,"7"_-=-----'-_+..JoU.L.-~------

4

VerDate Mar 15 2010 02:24 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MR7.022 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE Insert offset folio 1129/47 here EH04MR13.047 March 4, 2013 CONGRESSIONAL RECORD — HOUSE H885 102 S08S 1,256· 3..287 9.so6 19,236 . USF 17lJ,330 178,330 Total DC - 19..23§ 19;236 . SF) SIlCCial Feet Space PDC-ll-WA13 Toilet 1 ServIce/Cafeteria Washington, ----.----. .. SQuare Private LANIData Total Conferencdtmini1\g Spedal MailRoom Food - - Usable ------~ Proposed StoJall(C 159.094 159.094 Office 1049 1.049 Total of (e.g., Personnel 1049 1.049 Office occupaulll I I I the maintenance - to personnel and RSF 49170 160,215 209,385 241980 214.000 space jointly total space Total by Plan opem1i.ons S"IIppott Maximum available support pen;on F) I I I I I I J divided US per office building 1.16 1.20 sp~ office • 3.327 USF of to 12,954- HHS-ACF 16.281 170 of 118 Feet and apace SJ)eclal JR) total Housing USF USF/RSF Pr"P!I$ed Prooosed US!' I I I ~" office devoted - - plan Stlnare Rate of 35,001 . 42,483 fUl1lisb.ings. apace 150 209 178.330 209.385 Storage Usable housing and amount = Current Current TotalUSF excludes I I USFll"erson Utl.lizatiou include excludes Current OR not Rate UR av..:age personnel 45843 Office = 147.261 Rate 193,104 does Office USFll'eIiOn OR Proposed Current * ** Cum:ot Proposed I I I I I I tenants' - . footage by 218 1.003 usc Total square for lobbies). Usable: and 218 785 785 Personnel available 1.603 bats). rooms Offico rest buildlug smck DC and olthe Total rooms. units portion S"IIpply DC lIeal1h the Washiul!ton 2012 building SW means rooms,. Wasbiul!toll Locations foo. AVeDQe, (e.g..audirorium, gear SW. Febnuary Lease squaxe street. building MlI,.-ylaDd D craftshops, Usable the 1250 901 Proposed i

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lill ~fptllttr lIusqingtnn. l1ar 2U515 Nick JI. ita4aU. 3HI Q!lptimnm COMMITTEE RESOLUTION itanlting iltmhtr

LEASE Christopher P. Bertram, Staff Director James H. Zoia. Democrat Staff Director DEPARTMENT OF HOMELAND SECURITY OFFICE OF THE INSPECTOR GENERAL WASHINGTON, DC PDC-02-WA 13

Resolved by the Committee on Transportation and Infrastructure ofthe u.s. House ofRepresentatives, that pursuant to 40 U.S.C. §3307, appropriations are authorized for a replacement lease of up to 110,000 rentable square feet of space, for the Department of Homeland Security, Office of the Inspector General, currently located at 1120 Vennont Avenue, NW, Washington, DC, at a proposed total annual cost of $5,500,000 for a lease term of up to 15 years, a prospectus for which is attached to and included in this resolution.

Approval of this prospectus constitutes authority to execute an interim lease for all tenants, if necessary, prior to the execution of the new lease.

Provided that, the Administrator of General Services and tenant agencies agree to apply an overall utilization rate of211 square feet or less per person.

Provided that, except for interim leases as described above, the Administrator may not enter into any leases that are below prospectus level for the purposes of meeting any of the requirements, or portions thereof, included in the prospectus that would result in an overall utilization rate of 211 square feet or higher per person.

Provided that, to the maximum extent practicable, the Administrator shall include in the lease contract(s) a purchase option that can be exercised at the conclusion of the finn term of the lease. .

Providedfurther, that the Administrator shall require that the delineated area of the procurement is identical to the delineated area included in the prospectus, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall provide an explanatory statement to the Committee on Transportation and Infrastructure of the House of Representatives prior to exercising any lease authority provided in this resolution.

Providedfurther, that the General Services Administration shall not delegate to any other agency the authority granted by this resolution.

Adopted: February 28, 2013

~Bill Shuster, M.C. Chainnan

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GSA PBS

PROSPECTUS-LEASE DEPARTMENT OF HOMELAND SECURITY OFFICE OF THE INSPECTOR GENERAL WASHINGTON, DC

Prospectus Number: PDC-02-WA13

Executive Summal'I

The General Services Administration (GSA) proposes a replacement lease of up to 110,000. rentable square feet (RSF) of space for the Department ofHomeland Security (DHS), Office of the Inspector General (OIG), cll'rently located under mUltiple leases at 1120 Velmont Avenue, NW, Washington, DC. In meeting its mission requirements, DHS-OIG will impl'Ove its office utilization rate from 143 usable sqUare feet (USF) to 114 USF pel' person and its overallu,tilization rate from 256 USF to 211 USF per person. This will result in a 13,976 RSF space reduction in relation to its cUf!.·ent occupancy of .123,976 RSF.

Description Occupant: DHS/OIG Lease Type: Replacement Current RSF: 123,976 (Current RSFIUSF = '1.12) Proposed Maximum RSFl: 110,000 (proposed RSFIUSF = 1.2) ~xpansion Space: Reduction of 13,976 RSF Current USFIPerson: 256 . Proposed USFlPerson: 211 Proposed Maximum Leasing Authority: 15 years . Expiration Dates of Current Leases: 09/15113,01121114 and 03/31/14 Delineated Area: Washington, DC Central Employment Area Number of Official Parking Spaees: None Scoring: Operating lease Maximum Proposed Rental Rate: $50.00 per RSF 2 Proposed Total Annual Cost : $5,500,000 Cll'l'ent Total Annual Cosf: $5,403,856 (lease effective dates 9/16/03, 1122/98, and 4/1/04)

1 The ~SF/USF at the current location is approximately 1.12; however. to maximize competitioll, a RSFIUSF ratio of 1.2 is used for the proposed ma.ximum RSF as indicated on the housing plan. . 2 This estimate is for fiscal year 20 14 and may be escalated by 1.75 percent annually to the effective date ofthe lease to account for inflation. The proposed rental rate is fully serviced including all operating expenses whether paid by the lessor or directly by the Govenunent. . 3 Any new lease may contain an annual escalation clause to provide for increases or decreases in real estate taxes and operating costs. Page 1

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GSA PBS

PROSPECTUS-LEASE DEPARTMENT OF HOMELAND SECURITY OFFICE OF THE INSPECTOR GENERAL WASHINGTON, DC

Prospectus Number: PDC-02-WA13

Justification

The current leases are expiring as noted above~ and DHS OIG requires continued housing to can)' out its· mission. A r~placement lease will provide the opportunity to improve the agency'·s utilization of space and reduce the overall rsf leased.

The maximum proposed rental rate in this prospectus is a pl"ojected rate for lease transactions with 'a future effective (rent strut) date consistent with the expiration of the cun-ent le~es fi'om September 2013 to March 2014. GSA will conduct the procurement using prevailing market rental rates as a benchmark for the evaluation of conipetitive offers and as a basis for negotiating with ofi'erors to ensure that the lease award is made in the best intel-est of the Government. L~ase award shall not exceed the maximum rental rate as specified in this prospectus.

Summa!,! of Energy Compliance

GSA will incorporate energy efficiency requirements into the Request for Lease Proposals and other documents related to the procurement of space based on the approved prospectus. GSA encourages offerors to work with energy service providers to exceed minimum requirements set forth in the procurement and to achieve an Energy Star perfOlmance rating of75 or higher.

Resolutions of Approval

Resolutions adopted by the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works approving this prospectus will constitute approval to make appropriations to lease space in a facility that will yield the required rentable area.

Interim Leasing

GSA will execute such .interim leasing actions as are·neceSSal), to ensure continued housing of the tenant agency prim' to the effective date of the new lease. It is in the best interest of the Goven1ll1ent to avert the financial risk of holdover tenancy

Page 2

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GSA PBS

PROSPECTUS-LEASE DEPARTMENT OF HOMELAND SECURITY OFFICE OF THE INSPECTOR GENERAL WASHINGTON, DC

Prospectus Number: PDC-02-WA13

Certification of Need

The proposed project is the best solution to meet a validated Govermnent need.

Submitted at Washhlgton, DC, on _..ilN~ov~ernbe~~r...... 2..a..,1,~2,1L,Ol&.oi2,,-- ______

Recommended: ---~~.JqtjL-V~.l:..-.,~=~------Co

Page 3

VerDate Mar 15 2010 02:24 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MR7.022 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE Insert offset folio 1129/52 here EH04MR13.052 H890 CONGRESSIONAL RECORD — HOUSE March 4, 2013 9l,454 91454 Total DC 500 980 800 l 1594 ~63 5,910 2.606 1,983 2,463 28,204 2a;z04 28?04 SPOOiai PDC..02-WA13 USFl Washington, - - Areas Space I'J."taining Rooms StOIa1l:0 UsableSquueFeet Distribution I Receotion Special SelVice/Break Rooms ConfoI:ence ADP SCIF Supply Food Public File Equipment LibfaIy Total Proposed . 63.250 63,250 Office I I I 433 433 RSF spac:c s~ 916 personnel. Total 110.000 123 total support support by MaxiJnum I I I • I J offic:c office petSOn Personnel of 433 433 of divided per usf usf 114 211 1.12 1.20 Office USF Proposed RSFIUSF l'roRCISec! s~ 13,915 total 17,452 Rate** Rate· I t I I office Plan plan of excludes 11(1,637 110637 excludes 143 256 Total Utilization Utilization UR 91.454 DHS-OIG 110631 Cul'C'eDt CUn'Cllt housing l!ID0unt DR TotalUSF Housing I I - I I baIs). Offlee Office OveraU Office USF average Rate Rate snack '" 21514 21,514 SPOOial CUJ'l'CIIt DR and Feet Proposed Proposed Cummt ··USFlPelSOu" ,. L L I I I I I I and I I units, Square 3.7~ 3795 Stof8l1:e personnel health Usable Cul'C'ent tenanl's 19.328 19.328 1M auditorium, Office by (e.g. _- use .. for 433 433 building Total available oethe Per.lOnnei 433 433 building -Office occupants tile 1M of to portion jOintly the NW means available -.-- 2012 TOTALS space Loeation(s) Avenue. footagll and May Lease square _- Vermont ...... --_ Usable finD.\shiDgs 1120 Pronosed -

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O!nmmitttt nn UJranspnrtatinn anb )nfrastrudurt N.';. 31{nust of iltprtstntatiuts

iSill ~!tU.!ittr Ilfasqingtnn. iK!t 20515 Nick ;t. fRaItall. 1131 QJ:!tairman COMMITTEE RESOLUTION fRankiug .mbtr

LEASE Christopher P. Bertram, Staff Director James H. Zoia, Democrat Staff Director DEPARTMENT OF JUSTICE WASHINGTON, DC PDC-O 1-WA 13

Resolved by the Committee on Transportation and Infrastructure ofthe U.S. House ofRepresentatives, that pursuant to 40 U.S.C. §3307, appropriations are authorized for a lease extension of up to 77,000 rentable square feet of space, including three parking spaces, for the Depaltment of Justice Civil Division, currently located at 20 Massachusetts Avenue, NW, Washington, DC, at a proposed total annual cost of$3,850,000 for a lease term of up to five years, a prospectus for which is attached to and included in this resolution.

Approval of this prospectus constitutes authority to execute an interim lease for all tenants, if necessary, prior to the execution of the new lease.

Provided that, the Administrator of General Services and tenant agencies agree to apply an overall utilization rate of 323 square feet or less per person.

Provided that, except for interim leases as described above, the Administrator may not enter into any leases that are below prospectus level for the purposes of meeting any of the requirements, or pOltions thereof, included in the prospectus that would result in an overall utilization rate of323 square feet or higher per person.

Provided that, to the maximum extent practicable, the Administrator shall include in the lease contract(s) a purchase option that can be exercised at the conclusion of the firm term of the lease.

Providedfurther, that the Administrator shall require that the delineated area of the procurement is identical to the delineated area included in the prospectus, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall provide an explanatory statement to the Committee on Transportation and Infrastructure of the House of Representatives prior to exercising any lease authority provided in this resolution.

Provided further, that the General Services Administration shall not delegate to any other agency the authority granted by this resolution.

Adopted: February 28, 2013

~~Bill Shuster, M.e. Chairman

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PROSPECTUS - LEASE DEPARTMENT OF JUSTICE WASHINGTON, DC

Prospectus Number: PDC-OI-WA13

Executive Summary

The General Services Administration (GSA) proposes a lease extension of up to 77,000 rentable square feet (rst) for the Department of Justice (DO]) Civil Division. DOJ is currently located at 20 Massachusetts Avenue, NW, Washington, DC under a lease that expires September 23, 2012.

DOJ requires continued at this l~cation while undertaking a full scale re­ evaluation of its current space allocation standards. review will provide DOJ with a strategy to significantly improve their utilization while reducing their office space requirement. Space realignment and utilization rate improvement is not cost~effeetive or feasible for the proposed short-term lease extension at the em'rent location.

In addition, space realignment and be highly disruptive to DOJ's continuillgperformallce of houses DOJ's Civil Diyision, Federal Branch represents virtually the entire Executive civil litigation matters. Some Federal Program in special space secured for the processing some of this specialized litigation winds it is anticipated that 9,500 usable square foot of secure space will be released from the DOJ inventory at location. Federal Programs Branch must remain in at 20 Ave as currently configured. DOJ Civil Division Federal will aU growth within this

footprint for the v""t',""U':>,LVJ.l IJ"''''vu.

Description

Occupant: Lease Current Rentable U"I<'«"''' 121,300 (Current := 1.15) Proposed HJ.(;'''''HUU,'''J. jJ,·.n... r'tcpf'/ RSFIUSF = 1.15) Expansion Current Proposed Usable -':"''''01''''' Proposed M~lxiinUIn "''''''''''.1U,,", AumOl:n:v: 5 Expiration Dates of CUITent Lease(s): 9/23/2012 Delineated 20 Mas:sactmsetts Washington, DC Number of Official 3 Scoring:

1

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PROSPECTUS-LEASE DEPARTMENT OF JUSTICE WASmNGTON, DC

Prospectus Number:

Maximum Proposed Rental Rate!: $50.00 2 Proposed Total Annual Cost : $3,850,000 Current Total Annual Cost: $6,186,334(1ease effective 9/24/02)

Justification

The mission of the DO] Civil Division is to litigate on behalf of the U.s. Government; attomeys constitute 90 p~rcent of The current leases for DO] at 20 Massachusetts Avenue, NW, in Washington, DC expired on September 23, 2012 and DOJ Civil Division requires continued housing to carry out its mission.

This prospectus seeks authol'ityto house continued of the Civil Division ofDOJ at 20 Massachusetts Ave. The U.S. rusl:ees Division, which currently occupies a pOliion of the space in 20 Massachusetts NW, will be relocating to another federally owned property in Januruy 2013.

GSA will incorporate the Request for Proposals and other documents procurement of space based on the approved prospectus. GSA ottiemrs to work with energy $6rvice providers to exceed minimum requirements set f01ill in the and to achieve an Energy Star pel'formanct;fl'ating of75 01' '""5J""''''.

Resolutions of ApPl'ovaI

Resolutions adopted by COJmrrlln~~e on Transp01tatioll and Inil-astructure and the Senate Committee on I;<;m11rOllm]~ent Public Works approving this prospectus will constitute approval to to in a facility that will yield the required rentable area.

Interim Leasing

GSA will execute such "ltvlU~ "'''UVUV nec:essarv to ensure continued housing of the tenant to It is the best interest of the Government to aveli the financial

j This estimate is for fiscal year 2013 and may be escalated 1.7 annually to the effective date of the lease to account fot' inflation. The proposed rental rate is serviced including all operating expenses whether paid by the lessor 01' directly by t1le Government. 2 Any new lease may contain an annual escalation clause to provide fol' increases or decreases in real estate taxes and operating costs. 2

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GSA . PBS

PROSPECTUS-LEASE DEPARTMENT OF JUSTICE WASHINGTON, DC

Prospectus Number: PDC-OI-WA13

Certification of Need

The proposed project is the best solution to meet a validated Government need.

Submitted at Washington, DC, on _~~==--=;.:::;..!...-=..::= ______

Recommended: ___---1:'--_

Approved: -----~~~-f-~---=-.------Ul;Oll.vl.'U "',,''''''''''',0'' Administration

3

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DC

PDC..o-l-WA13

Washington,

and

units

health

lobbies).

nod

(e.g.,auditori1llll,

2013.

51.4iiS

:51,416

rooms

Office

=ly

building

in rest

I

ofth"

207! 201\

Office

rooms,

Total

supply

I I occupants

J

the

2071

207J

Personnel

Accountability to

building

Ollie<:

jointly

I I I

rooms,

-J

Gov~nt

gear

66,901 38,571

av:lilnblc the

105,478J

Tota!

of

shops,

space

Plan

craft

control and

personael

8.229

USFl 19,843

11.614

nod

(e.g.,

total

space

Special

hy

Feet

custody fu.rnisllings,

support

Housing

the

divided

acd

maintCllllnoo

iSqllare

office

3,sn1 7,298 3.421

USF

and

under

of

DeparhnentofJusfice

Storage

Usable

(ota!

usr personnel

space

**

Curr~nt plan,

OjlOmtiollS

14,337

tenants'

owned

78,337 51416 26.92:1

by

Office

housing

hIlilding

=

use

cx.c!udes

USFlPers""

ta

federally

for

-

UR

10

100

3071

207

devoted

'rotal

USFlPersoll.

av:illable

••

Proposed

relQCllting

space

be

31l'11 100

Personnel 201

building

will

include

the

Ollice

of

not

office

I

docs

poI1ion

Total

Trustees

the

footage

U.s,

melUl$

the

sQ.uare

fl:>otag~

Usable

pcrSOllll.eotin

square

baxs).

100

snack

Usable The

September

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QJommitttt on Wtallsportatioll anll JJnftasttudutt 1tt.~. Jlnust of Itpttsentatiu.es

111m lQ'lJUliiu:r lluaQington. i

LEASE Christopher P. Bertram, DEPARTMENT OF VETERANS AFFAIRS 1800 G STREET, NW WASHINGTON, DC PDC-08-W A 13

Resolved by the Committee on Transportation of the Us. House of Representatives, that pursuant to 40 U.S.C. §3307, appropriations are authorized for a lease extension of up to 170,868 rentable square feet of space, including one parking space, for the Department of Veterans Affairs, Veterans Benefits Administration and Office ofInformation Technology, currently located at 1800 G Street, NW, Washington, at a proposed total annual cost of $8,543,400 for a lease term of up to five years, a prospectus for which is attached to and included in this resolution.

Approval of this prospectus constitutes authority to execute an interim lease all tenants, if necessary, prior to the execution of the new lease.

Provided that, the Administrator of General Services and tenant agree to apply an overall utilization rate of 135 square feet or less per person.

Provided that, except for interim leases as described the Administrator may not enter into any leases that are below prospectus level for the purposes of meeting any of the requirements, or portions thereof, included in the prospectus that would result in an overall utilization rate of 135 square feet or higher per person.

Provided that, to the maximum extent the Administrator shall include in the lease contract(s) a purchase option that can be exercised at the conclusion of the firm term of the lease.

Providedfurther, that the Administrator shall require that the delineated area of the procurement is identical to the delineated area included in the prospectus, that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall provide an explanatory statement to the on TranSpoliation and Infrastructure of the House of Representatives prior to any lease authority provided in this resolution.

Providedfurther, that the General Services Administration shall not to any other agency the authority granted by this resolution.

Adopted: February 28, 2013

Bill Shuster, M.e. Chairman

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PROSPECTUS ~ I,EASE DEPARTMENT OF VETERANS AFFAIRS 1800 G STREET, NW WASHINGTON, DC

Prospectus Number: PDC~08-WA13

, Executive Summary

The General Services Administration (GSA) proposes a lease extension of up to 170,868 rentable square feet (RSF) of space for Department of Veterans Affairs 01 A), Veterans Benefits Administration (VBA) and Office of Information TecImology (OIT) currently Iocated'at 1800 G Street NW, Washington, DC. Currently, VA has two expiring on April 30, 2014, and GSA is seeking a five-year lease extension to meet space needs until then: planned move to the federally owned Lafayette Building, currently modernization.

Description

Occupants: VA Lease Type: Lease Extensiop CUl1"ent Rentable Square 170,868 RSF (Current RSFIUSF = 1.2) Proposed Maximum RSF: 170,868 (Market "" 1.2) Expansion Space: CUlTent Usable Square U"">1'II-I'",,,{,"1"O' 135 Proposed Usable Square FeetlPerson: 135 Proposed Maximum Leasing Authority: 5 years Expiration Date of Current .tJ"

Back~mmnd

VA operates the nation's more 1,400

including hospitals, community '-'UHI ...':>. cornm'untty domiciliary, '·J>."c!n",t"",,,,,,1' counseling centers, and various provides a variety of benefits

1 This estimate is for fiscal year 2014 fo and may be escalated 1.7 percentanllually to the effective date of the lease to account for inflation. 2 Any new lease may contain an annual escalation clause to provide for increases or decreases ull'eal estate taxes and operating costs.

Page 1

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PROSPECTUS - Lt-""£'1UJC.I . DEPARTMENT OF VETERANS 'AFFAIRS 1800 G STREET, NW WASHINGTON, DC

Prospectus Number: PDC-08-WA 13

including education and training, life insurance, dependent and survivor benefits, vocational rehabilitation, and burial services.

Justification

VA has asked to extend its current leasehold 1800 G Street NW for five years to be positioned.to move to the Lafayette Building for its longer term space requirements. multi­ phase Lafayette modernization is currently underway. still has a need for space to complete its mission; however, GSA and VA currently plan to consolidate all VA leases currently at 1800 G Street NW into Lafayette as part of the housing strategy for the building's l'enovationproject.

The maximum proposed rental rate in this prospectus is Ii projected rate for lease transactions with a future effective (rent start) consistent with the expiration the current leases on April 30, 2014. GSA will conduct the prevailing mm:ket rental rates as a benchmark for the evaluation of as a negotiating with offerors to ensure that lease award is in the interest of the Govermnent. Lease awai'd shall not exceed the maximum rental rate as specified in this V\w",,-,,,,.,,1"1

Resolutions of ALmroval

Resolutions adopted by rmlsporrm:lOn and Infrastructure the Senate Committee on Environment and Public a'"'''''I'\'(i'l1,,''' tbis prospectus will constitute approval to make appl'Opriations to that will yield the required rentable area.

Interim Leasing

GSA win execute such interim ''''''''"Hl=. QvUVHCi Uv\,Q,"'(:U} to ensure continued housing of the tenant agency prior to tIle ",'!'N'f'Tnre> It .is in best of Government to avert the financial

Page 2

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PROSPECTUS - LEASE DEPARTMENT OF VETERANS AFFAmS 1800 G STREET, NW WASHINGTON, DC

Prospectus Number: PDC-08-WA13

Certification of Need The pl'Oposed project is the best solution to meet a validated Government need.

Submitted at Washington, DC~ on _-=..:-=:==-=::::..L-.====-______

Approved: ______:__~':___:_--+_-=:=-~"----_:__--~------

Page 3

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DC

674 257

40S

4,917

2.200

32,210

15,200

142,390 142,390

USF

Total

08-WA13

w

PDC

~ashington,

32,210

Initiatives.

century)

21$t

II",

I'l'l>

for

Issues

11lll.SS4 108,854

Office

1,058

1.05S

(l'ransjbrmational

Total

T21

870 870 P"""onn<:l

Office

Wlthfuntied

Affairs

persolllJ,cl

space

=OCialed

total

142,390 142,391)

arc

Plan Totdl

by

support

and

Veterans fur

divided

time

USF

of

32;210

Housing

total

offteefoU

USi

the

plan

23,948

into

1,320

housing

come

'"

Department

excludes

net

do

UR

who

Rate

108,854 10S.SS4

USF/PelWll.

Office

***

Proposed

contractors

"surge"

represents

Personnel

Tl>tal

Total

NW

and

Street

Office

G

Lo<:atiOIlS

18(l(l

between

Delta

'"

October

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([tnmmitttt nn wrnnspndntinu nub 1fufrnstrttdttrt 11t.~. lflnust nf 111tprtstutntiutll

LEASE Christophcl' P. Bertram) DEPARTMENT OF HOMELAND SECURITY James H. ZOla, U.S. CUSTOMS AND HORDER PATROL QUEENS, NY PNY-02-QU13

Resolved by the Committee on US. House ofRepresentatives, that pursuant to 40 U.s.C. §3307, appropriations are authorized for a lease of up to ] 46,000 rentable square feet of space, including 217 parking spaces, for the Department of Homeland Security U.S. Customs Border Protection, currently located at JFK Airport, Building Queens, NY, at a proposed total annual cost of $6,716,000 for a lease term of up to 15 years, a prospectus for which is attached to and included in this resolution.

Approval of this prospectus constitutes authority to execute an interim lease for all tenants, if necessary, prior to the execution of the new lease.

Provided that, the Administrator of General and tenant agree to apply an overall utilization rate of 200 square feet or less per person.

Provided that, except for interim as described above, the may not enter into any that are below prospectus level for the purposes of meeting any ofthe requirements, or portions thereof, included in the prospectus that would result in an overall utilization rate of200 square feet or per person.

Provided that, to the maximum extent practicable, shall lease contract(s) a purchase option that can be exercised at the conclusion ofthe firm term of the

Providedfurther, that the Administrator shall require that the delineated area of the procurement is identical to delineated area included in the prospectus, that, If the Administrator determines that the delineated area the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall provide an explanatory statement to the Committee on and Infrastructure of the House of Representatives prior to exercising any authority provided in this resolution.

Providedfurther, that the General Services Administration shall not ,IV""!;"'''' to any other agency the authority granted by this resolution.

Adopted: February 28,2013

Bill Shuster, M.C. Chairman

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PROSPECTUS-LEASE DEPARTMENT OF HOMELAND SECURITY U.S. CUSTOMS AND BORDER PROTECTION QUEENS, NY

Prospectus Number: PNY-02-QU13 District: 06

Executive Summary The General Services Administration (GSA) proposes a replacement lease of up to 146,000 rentable square feet (RSF) for the Department of Homeland Secl.uity (DRS) U.S. Customs and Border Protection (CBP) in support of their operations at JFK Airport. DHS-CBP's current leased location, Building 77, has been occupied since June, 1992. The lease expired on June 18, 2012. This proposed replacement lease will provide DHS-CBP with the opportunity to improve space utilization efficiency while accommodating 98 additional persOlmel in field operations, internal affah:s, the offi.ce.'

Description Occupant: -CBP' Lease Type: , Current Rentable Square (RSF): 146,000 (Current RSFIUSF=1.15) Proposed Maximum RSF: 146,000 (Proposed RSFIUSF= 1.15) Expansion Space: None Current Usable Square 236 Proposed Usable Square 200 Proposed Maximum Leasing Authority: Expiration Date of Current 6118/12 Proposed Delineated NOlth: Intersection of Lefferts Blvd. S. Conduit heading to \,In,,ln'''',,,, Blvd. heading east to Lefferts Blvd; Jamaica Bay Number of Official Parking Spaces: ScorIng: Lease Maximtml Proposed Rental $46.00 pel' Proposed Total hmua} $6,716,000 Current Total Annual Cost: $8,$00,685(Iease 6119192)

I This estimate is for fiscal year 20 14 and may be by 1.75 percent annually to the effective date of the lease to account for inflation. The proposed rental rate is fully serviced, including all operating expenses> whether paid by the lesso1' or directly by the Government. 2 Any new lease may contain an allllual escalation clause to provide fo!' increases 01' decreases in real estate taxes and operating costs. Parking is included in the proposed rent 1

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PROSPECTUS~LEASE DEPARTMENT OF HOMELAND SECURITY U.S. CUSTOMS AND BORDER PROTECTION QUEENS, NY

Prospectus Number: PNY-02w QUI3 District: 06

Backgronnd

DRS-CBP currently occupies approximately 146,000 rsf of space in Building 77 at JFK AirpOlt, Queens, NY. The DHS-CBP operation at JFK Airport monitors half the cargo impolted into the United States as well as 10.2 million passengers a year. JFK AirpOlt consists of six passenger processing facilities, a mail facility, 39 aidine warehouses, 82 container stations, 15. bonded warehouses and 2 Foreign Trade Zones located on or around the airport. The cut'rent lease at Building 77 expired 011 6/18/2012. GSA will execute an interim leasing action necessary to ensure continued housing until the effective date of the new lease.

Justification

A location on 01' neal' JFK Airp01t property is essl:mtlal to CBPfg mission of servicing the broker community it). a timely manner on airpolt premises. Close access to the airport tarmac is essential to the agency's law mission.

CBP will improve its utilization resulting of its office utilization rate from 134 usable feet (USF) 113 USF per person and its overall utilization rate from 236 USF to 200 USF The end product of improved space utilization is the prospectus proposal to an additional 98 personnel the same amount of space as the current occupancy.

Summary of Energy Compliance

GSA will incorporate into Lease Proposals and other documents reJated to the procurement of space based on the approved prospectus. GSA encourages offerors with energy service providers to exceed minimum requirements set forth in the and to an Star performance rate of75 or .

Resolutions of Approval

Resolutions adopted by Cornmittee 011 and the Senate Committee on I:5mnro'nnJ,em Public Works approving this prospectus wilt constitute approval to to a will yield the required rentable area.

2

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PROSPECTUS~LEASE DEPARTMENT OF HOMELAND SECURITY U.S. CUSTOMS AND BORDER PROTECTION QUEENS, NY

Prospectus Number: PNY-02·QU13 District: 06

Interim Leasing

GSA will execute snch interim leasing actions as are necessary to ensure continued housing of the tenant agency until the effective date of the new lease. It is in the best interest ofihe Government to avert the financial of holdover tenancy.

Certification of Need

The proposed project is the solution to a .... ".. ,"" ..... Govermnent need.

Submitted at Washington, DC. on _....Ni~~~2.1J~L ______

Approved: -----~::r---.-. __ -_+-.------

3

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NY

Total

Queens,

PNY-02-QU13

3,272 3,272

Rooms

SnecialS

Rooms

Center Rooms

92,376 92,376

ADP Locker Kitchenettes Conference Fitness

Training

635 635

635\

6351

space.

building

Total

and

126,881

126,8811

to

devoted 31,233\ 31.2331

Security

Protection

personnel

space

space

total

3.2721 3,2721

space

Border

personnel,

Homeland

include

and

of

support

person.

not

office

per

tenants'

does

office

by

Customs

ofusf

us!

space rooms).

use

of

92..376 92,376

footage 113

Department

for

U.S.

office

supply Rate*

Proposed

**

I of

20,323

square

537 537

available

134

excludes building

amount

Usable

Current

Utilization

excludes

I

USPIPcrson

building

UR

537 537

lobbies,

Office

the

Rate

of

Current *UR=average

restroom,

portion

(i.e.

the

occupants

means

77

the

to

maintenance

footage

and

Buildin2: Locations

jointly

rt

square

available operations

Usable

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Q.tummftttt un wranspnttatfnn an~ Jnfrastrudurt JlOUSt nf iRtprtstntatfuts

COMMITTEE RESOLUTION

LEASE U.. Zoia, DEPARTMENT OF DEFENSE ZACHARY TAYLOR BUILDING NORTHERN VIRGINIA PV A-04-W A 13

Resolved by the Committee on that pursuant to 40 U.S.c. §3307, appropriations are authorized a lease of up to 585,000 rentable square feet of space, including 10 parking spaces, for the Department of Defense, currently located at 2530 Crystal Drive, Arlington, Virginia, at a proposed total annual cost of$22,815,000 for a lease term of up to 15 years, a prospectus for which is attached to and included in this resolution.

Approval of this prospectus constitutes authority to execute an for all tenants, if necessary, prior to the execution of the new lease.

Provided that, the Administrator agree to apply an overall utilization rate of 163 square feet or less per person.

Provided that, except for interim leases as above, the Administrator may not enter into any leases are below prospectus level for the purposes of meeting any of requirements, or pOliions thereof, included in the prospectus that would result in an overall utilization rate 163 square or higher person.

Provided that, to the maximum extent Administrator shall include in the contract(s) a purchase option that can be exercised at the conclusion of the term lease.

Providedfurther, that the Administrator shall require that the delineated area of tile procurement is identical to the delineated area included in the prospectus, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator provide an explanatory statement to the Committee on and Infrastructure of the House of Representatives prior to exercising any lease authority provided in this resolution.

Providedfurther, that the General Services Administration shall not to any other agency the authority granted by this resolution.

Adopted: February 28, 2013

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PROSPECTUS - LEASE DEPARTMENT OF DEFENSE ZACHARY TAYLOR BUILDING NORTHERN VIRGINIA

Prospectus Number: PV A-04-WA13 Congressional District: 8,10,11

Executive Summar!

The General Services Administration (GSA) proposes a replacement lease of up to 585,000 rentable square feet (RSF) for the Department of Defense (DOD). cUn'ently located at the Zachary Taylor Building, 2530 Crystal Drive, Arlington, Virginia. DOD has a continuing, long­ term need for space to meet its mission requirements in Northern Virginia. It wiU continue to maintain a highly efficient office space utilization of 108 and an overall space utilization 163 usable square feet per person.

Acquisition Strategy

In order to maximize flexibility in acquiring to the DOD, GSA issue a single, multiple award solicitation that will aIlow to provide blocks of space able to meet the requh'ements in whole 01' in All offers must provide consistent with the delineated area defined by this prospectus in the description that follows,

Description

Occupant: Lease Type Current Rentable (RSF) 1.13) 1 PIoposed Maximum RSF : :=: 1.2) Expansion Space RSF: CUll'ent Usable Square Pl'Oposed Usable Square FeetIPerson: Proposed Maximum Authority: Expiration Dates of Current .w.... ,"'''Vv. Delineated Area: Nl.lmber of Official 10 Scoring:

1 The RSF/USF at the CUlTent location is U3, The maximum RSF does not represent expansion space but the amount needed to provide 481,019 USF as indicated on the honsing plan in buildings having an RSFIUSF as high as 1.20 in order to maximize competition. 2 DOD security requirements may necessitate control of the parking at the leased locatioJ1. This may be accomplished as a lessor-furnished service, under an operating agreement with the lessor, or 'as part of the Government's leasehold interest in the buildiug(s),

Page 1

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PROSPECTUS - LEASE DEPARTMENT OF DEFENSE ZACHARY. TAYLOR BUILDING NORTHERN VIRGINIA

Prospectus Number: PVAM 04-WA13 Congressional District: 8,10,11

3 Maximum Proposed Rental Rate : $39.00 4 Proposed Total Annual Cost : $22,815,000 Current Total Annual Cost: $20,020,180 (leases effective 511103 and 12/1004)

Justification

The leases at 2530 Crystal Drive, Adington, VA expire on April 30, 2013 (524,867 RSF) and December 9, 2014 (24,450 RSF), and DOD requires continued housing to carry out its mission.

The maximmn proposed rental tlus prospectus is a projected rate for lease transactions -with a future effective (rent start) consistent with expiration the current leases on April 30, 2013 and December 9, 2014. GSA will the procurement using prevailing market rental rates as a benchmark fol' evaluation of competitive offers and as a basis for negotiating with offe1'o1'5 to ensure that lease award is made in best interest of the Government. Lease award shall not exceed rental rate. as specified in this prospectus.

Summ~ny ofEnel'gy Compliance

GSA will incorporate Proposals and other documents related to the procurement of prospectus. GSA encourages offerors to work with service to minimum requirements set f011h in the p~ocurement and to achieve an Energy Star performance rating of75 or higher.

Resolutions of Approva~

Resolutions adopted by the House on l1'a:nsrmrtat1

3 This estimate is for fiscal year 2013 and may be escalated by 1.75 percent alUlUaUy to the effective date of the lease to account for inflation. The proposed rental rate is fully all operating expenses whether paid by the lessor or directly by the Government. 4 Any new lease may contain all al1lmru escalation clause to provide for or decreases itl real estate taxes and operating costs.

Page 2

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PROSPECTUS:- LEASE DEPARTMENT OF DEFENSE ZACHARY TAYLOR BUILDING NORTHERN VIRGINIA

P~'ospectns Number: PVA-04-WA13 Congressional District: 8,10,11

Interim Leasing

GSA will execute such interim leasing actions as are to ensure continued housing of the tenant agency prior to the effective date of tbe new lease. It is in the best interest of the Government to avelt the financial risk of holdover tenancy.

Certification of Need

The proposed project is the best solution tomeet a

Submitted at Washington, DC, 011 __~ll./.lI.S;;;m!.!S;;J...-"'.!,~~~ ______

Recommended: -----"'-'---"-""'-

Page 3

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VA

10.750 1:!~{)85

4&7.019 487,019

Total

Northern

71.085 71,085

PVA-04-WA13

Spcciru

SlOnll:te

415,934 415934

Office

2.997 2,:197

Total

Personnel

2997 2,997

Office

-

487,019

487,019

Total

Defense

of

71.085

71,085

Feet~ Special

Squire

Housmg

S!ot'a1l:e

Us.'Ibie

Department

Current

415.934 415,934

Office

I I I

Total

1

Persou""l

Offioo

I

u>~ns

November

VerDate Mar 15 2010 02:24 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MR7.022 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE Insert offset folio 1129/73 here EH04MR13.073 March 4, 2013 CONGRESSIONAL RECORD — HOUSE H911

COMMITTEE RESOLUTION

LEASE Christopher P. Rertri:Ult James H. Zoia, i DEPARTMENT OF DEFENSE HOFFMANn NORTHERN VIRGINIA PVA-06-WA13

Resolved by the Committee on Transportation Us. House of Representatives, that pursuant to 40 U.S.C. §3307, appropriations are authorized for a replacement lease of up to 448,000 rentable square feet of space, including 11 parking spaces, for the Depmiment of Defense, Depaliment of the Army, currently located at 200 Stovall Street, Alexandria, Virginia, at a proposed total annual cost of $17,4 72,000 for a lease tel111 of up to 15 years, a prospectus for which is attached to and included in this resolution.

Approval of this prospectus constitutes authority to execute an interim lease for all tenants, if necessary, prior to the execution of the new lease.

Provided that, the Administrator of Services and tenant agree to apply an overall utilization rate of 176 square feet or less per person.

Provided that, except for interim leases as described above, the may not enter into any leases that are below prospectus level for the purposes of meeting any of the requirements, or portions thereot~ included in the prospectus that would result in an overall utilization rate of 176 square feet or higher per person.

Provided that, to the maximum extent practicable, the Administrator shall include in the contract( s) a purchase option that can be exercised at the conclusion of the firm term of the lease.

Providedfurther, that the Administrator shall that the delineated area of the procurement is identical to the delineated area included in the prospectus, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the the Administrator shall provide an explanatory statement to the Committee on Transportation and Infrastructure of the House of Representatives prior to exercising any lease authority in this resolution.

Providedfurther, that the General shall not to any other agency the authority granted by this resolution.

Adopted: February 28, 2013

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PROSPECTUS - LEASE DEPARTMENT OF DEFENSE HOFFMANII . NORTHERN VIRGINIA

Pl'Ospectus Number: PV A-06- WAU Congressional Distdct: 8,10,11

Executive Summary

The General Services Administration (GSA) proposes a replacement lease of up to 448,000 rentable square feet (RSI<) of space for the Department of Defense '(DoD) Department of the Al1ny. located at Hoffman II, 200 Stovall St, Alexandria, VA. The two leases for DoD, effective in 2000 and 2004 expkeApril19, 2014.

DoD will impl'Ove its utilization resulting improvement of its office utilization rate from 178 usable square feet (USF) to 111 USF person its overall utilization rate fi'om 261 USF to 176 USF per person. As a result, this prospectus proposes to house DoD personnel in approximately 158,000 RSF less than their current occupancy of 606,575 RSF. .

Descliption

Occupants: Lease Type: Current RSF: 606,575 RSFIUSF ~ 1.09) Proposed Maximum (RSF): 448,000 (proposed = 1.20) Expansion,Space: I: a.""", .. ,,..,.,. of 158,575 CUll'ent USFlPerson: 261 Proposed USFlPerson: 176 Proposed Maximum ....."",.,n,,'F. Ull:n

1 The RSFfUSF at the current location is 1.09, however to maximize n RSFIUSF ratio of 1.2 is used for the proposed maximum RSF as indicated in the honsing plan. 2 The Department of Defense security requirements may necessitate control of the at the leased location. This may be accomplished as a lessor-furnished as a sepamte operating agreement with the lessor, or as Plllt of the Government's leasehold interest in the building. 3 This estimate is for fiscal year 2014 and may be escalated by 1.75 percent anllually to the effective date oftlle lease to account for inflation. The proposed rental rate is fully serviced including all expenses whether paid by the lessor or directly by the Government. 4 Any new lease may contain an annual escafation clause to OJ' decreases in real estate taxes and opClramtg costs. Page 1

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PROSPECTUS-LEASE DEPARTMENT OF DEFENSE HOFFMAN II NORTHERN VIRGINIA

Prospectus Number: PV A-06-WA13 Congressional District: 8,10,11

Current Total Atmual Cost: $17,660,326 (leases effective 3/3/00 and 4/20/04

Justification

The CU1l'ent leases at Hoffinan 200 Stovall St Alexandria, VA, expire on April 19, 2014, and DoD requires continued housing to carry out its ' The proposed replacement lease(s) will significantly impl'Ove the utilization of space to house this DoD requirement.

The maximum proposed rental rate iu this prospectus is a projected rate for lease transactions with' a futme eftective (rent start) date consistent with the expiration of the current leases on April 19, 2014. GSA will conduct the procmement using prevailing market rentall'ates as a bendunark for the evaluation of competitive offers and as a basis for negotiating "lith offerol's to e11SU1'e' that lease award is made in the best interest the Govemment. Lease award shall not exceed the maximum rental rate as specified in this nw'!'c.... ""tl,,'

Acquisition Stl'ategy

In order to maximize the flexibility in acquiring space to house the DoD, GSA may issue a single, multiple award solicitation that will allow offerol's to provide blocks of space able to meet the requirements in whole 01' pait. All offers must provide consistent with the delineated w:ea defined by this prospectus in the description that follows.

Summary of Energy COnl}lliance

GSA win incorporate energy VUl,V''''HVY requll'(3m

Resolutiolls of Approva~ Resolutions adopted by the on m:fi:astructure and Senate Committee on Environment and Public Works approving this prospectus will constitute approval to make appropliatiolls to lease space in a facility that will yield the required rentable area.

Page 2

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PROSPECTUS-LEASE DEPARTMENT OF DEFENSE HOFFMAN II NORTHERN VIRGINIA

Prospectus Number: PVA-06-WA13 Congressional District: 8,10,11

Interim Leasing " GSA will execute such interim leasing actions as are necessary to ensure continued housing of the tenant agency prior to the effective date of the new lease. It is in the best interest of the Government to avert the financial risk of holdover tenancy.

Certification of Need

The proposed project is the best solution to meet a validated Government n~ed.

Submitted at Waslungton, DC, on _-.NQYSjffiQ§~~~ll2.~_~ ___~ __.....-:-_

Recommended: ___..jL':::!t::!~..1lJ:~:::(::::;;m:t.:::A~L ____-'--:' ______

Page 3

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Total

Virginia

PVA..o6·WA13

Northern

303,217

303.217

Office

2,124

2.]24

TobU

to

Personnel

2,124 2,124

jointly

Office

available

petsoll11el

space

space

554,994

total

space

Total

by

Plan

support

support

and

ofDefcnse

maintenance

for

for

person

and

divided

per

office

Office

Housing

USF

of

1.2

furnishings,

of

1.09

space

RSFfUSF

operntions

Department

total and

USF

USF

**

office

pIau

of

66,708

building

106,593

petsonnel

to

housing

Storajl;e

UsableS

a:wount

=

USFlPcrson

excludes

tenants'

excludes

Current

devoted

UR

by

UR

avetage

=

use

space

Rate

484,513

4&4,513

Office USFlPetSon

Current

Proposed

for

DR

Current * Proposed

include

not

available

2,124

Total

does

building

. I .

footage

the

Personnel

2,124 2,124

2,124

of

Office

square

the portion

Usable

Total

Lease

:Suildin'"

meaos

XI

building.

the

Proooscd

footage

2012

of

Hoffman

Locations

square

occupants

Usable

the

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Qtnmmitttt un Q.!ranavodatiun anb Jnfraairudurt llL~. ){uuat of 1Rtvrtatntatiuta lfaB4fl1gtnl1, COMMITTEE RESOLUTION

LEASE ,lames H. Zoia, DEPARTMENT OF HOMELAND SECURITY U.S. CUSTOMS AND BORDER PROTECTION NATIONAL TARGETING CENTERS NORTHERN VIRGINIA PVA-07-WA13

Resolved by the Committee on Us. House ofRepresentatives, that pursuant to 40 U.S.C. §3307, appropriations are authorized for a consolidation and expansion lease of up to 169,000 rentable square feet of space, including 33 parking spaces, for the Department of Homeland Security, U.S. Customs and Border Protection, National Targeting Centers, currently located at 12825 Worldgate Plaza, Reston, Virginia and 12379 Sunrise Valley Drive, Hemdol1, Virginia, at a proposed total annual cost of $6,591,000 for a lease term of up to 15 years, a prospectus for which is attached to and included in this resolution.

Approval of this prospectus constitutes authority to execute an interim lease for all tenants, if necessary, prior to the execution of the new lease.

Provided that, the Administrator of General Services and tenant agree to apply an overall utilization rate of 207 square feet or less per person as detailed in the prospectus.

Provided that, except for interim leases as described the Administrator may not enter into any leases that are below prospectus level for the purposes of meeting any of the requirements, or portions thereof, included in the prospectus that would result in an overall utilization rate of207 square feet or higher per person as detailed in the prospectus.

Provided that, to the maximum extent practicable, the Administrator shall include in the lease contract(s) a purchase option that can be exercised at the conclusion of the firm term of the lease.

Providedfurther, that the Administrator shall require that the delineated area ofthe is identical to the delineated area included in the prospectus, that, if the Administrator detem1ines that the delineated area of the procurement should not be identical to the delineated area included in the prospectlls, the Administrator shall provide an explanatory statement to the Committee on TranspOliatiol1 and Infrastructure of the HOllse of Representatives prior to exercising any lease authority provided in this resolution.

Providedfurther, that the General Services Administration shall not to any other agency the authority granted by this resolution.

Adopted: February 28, 2013

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PROSPECTUS-LEASE DEPARTMENT OF HOMELAND SECURITY U.s. CUSTOMS AND l.lORDER PROTECTION NATIONAL TARGETING CENTERS NORTHERN VIRGINIA

Prospectus Number: PVA-07-WA13 Congressional Districts: 8, 10, 11

Executive Summary

The General Services Administration (GSA) proposes a consolidation and expansion lease of 169,000 rentable square feet (RSF) for the U.S. Customs and Border Protection (CBP), NationaL Targeting Centers (NTC) clU'rently housed at 12825 Worldgate Plaza, Reston, VA and 12379 Sunrise Valley Drive, Herndon, VA. The new lease will provid~ a facility that accommodates NTC's programmatic and personnel gl'ovvth and functionally integrates NTC's two operational units - NTC Passenger and NTC Cargo.

Descrintion

Occupant: 1 INTC Lease Type: Consolidation CUll'ent RSF 90,574 (Current RSFJUSF=1.ll) Proposed Maximum RSF 169.000 (Proposed RSFIUSF=1.2) Expansion Space: I . 78,426 Current USFI Person: 166 Proposed USFI PerSOll: 207 Pl'OP9Sed Maximum ...... "',:t"u115 15 years

Expiration Dates of Current .LJV,",,,,VC" 4/9/13 3/11/17 Delineated Area: Northern Virginia 1 Corrido!', (Rte 7 to the North 1 267 to the 1 Rte 50 to south f Rte 28 to West) Number of Official Parking Spaces: 2 33 Scoring: Operating Maximum Proposed Rental 3 $39.00 Proposed Total AImual Cost: 4 $6,591.000 Current Total AImual Cost: $2,683,842 (leases 12126/02 and 3112107)

! Expansion space is required to accommodate additional and space detailed in the housiug plan. 2 Security requirements may necessitate control of available at the location leased. Tllis may be accomplished as a lessor-furnished service, as a separate operatillg agreement with tho lessor, or as part of tIle Go~ermnent's leasehola interest in the bUilding. S This estimate is for fiscal year 2016 ,md may be escalated by 1.75 percent annually to the effective date of the lease to account for inflation. 4 Any new lease may contain an alUlUal escalation clause 10 provide for increases or decreases in real estate taxes and operating costs.

Page 1

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PROSPECTUS-LEASE DEPARTMENT OF HOMELAND SECURITY U.S. CUSTOMS AND BORDER PROTECTION NATIONAL TARGETING CENTERS NORTHERN VIRGINIA

Prospectus Number: PV A-07-WA13 Congressional Districts: 8~ 10, 11

Background

NTC is currently housed in two locations along the DuHes Corridor ofNorthel'11 Virginia. NTC's mission is to screen inbound and outbound airline passengers and shipping cargo to protect the United States from terrorist tirreats.

NTC-Passenger unit (NTC-P) was established in November 2001 and bas been in its current Reston location since 2003. Its primary function is to support CBP's priority mission to prevent terrorists and terrorist weapons f1'Om entering 01' exitil1g the United States, while simultaneously facilitating legitimate trade and travel. Working relationships include the Coast Guard, U.S. Immigration and Customs Enforcement (rCE), Transportation Security A-dministl'ation (TSA) including the Federal Ail' Marshal Service, Federal Bureau of Investigation, the Department of State, and international organizations such as Interpol, Canadian National Risk Assessment Centre, and the Joint Border Operations Centre -- United Kingdom.

NTC-Cargo unit (NTC-C) was created to target risk shipments that may pose a threat to the internal security oftlle United States, Its primary function is similar to NTC~P support of CBP's mission. The unit partners inte1'1lationally with customs units in other countries ru:ound the world as wen as many other federal agencies such as the TSA, the Food and Drug Administration and ICE.

The NTC operational mission supports the White on Travel and Tourism its work with Visa AppIicatioli vetting. The NTC consolidation aLso supports the White House initiative on Global Supply Chain Security to promote the efficient and secure movement of goods, protecting the supply chain exploitation reducing its vulnerabilities to disruption.

Justification

This proposed lease action will house and consolidated consisting ofNTCMP and NTC-C. It wlll accommodate NTC's expected personnel growth as a result of programmatic expansion and grmvth in special space that is required the programs.

TIle consolidation of these two lmits into a single location is intended to pl'Ovide greater efficiencies fOl' each 'group and provide additional space to accommodate programmatic growtl1. The special space currently occupied by the centers is insufficient for NTC to effectively fulfill its mission. NTC-C does not currently have immediate access to certain types of space located

Page 2

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PROSPECTUS~ LEASE DEPARTMENT OF HOMELAND SECURITY U.S. CUSTOMS AND BORDER PROTECTION NATIONAL TARGETING CENTERS NORTHERN· VIRGINIA

Prospectus Number: PV A~07 ~ WA13 Congressional Districts: 8, 10, 11

within NTC-P; this inhibits the sharing of data between the two organizations. Also, the NTC-P has grown from its initial complement of 20 personnel in 2001 to the CUl1'ent level of 307; NTC-C has also gt'OWl1 from approximately 40 personnel 111 2007 when it was established to the current level of 407. From FY2011 through FY2013, both units· of the NTC are expected to grow to a total of 1,132 employees, 680 of whom will be on shift work at any given time as noted in the Housing Plan. The additional personnelrequ:ire increased special space for certain operations, security areas, fitness center and locker rooms for law enforcement pel'sonnel, and LAN (Local Area Network) rooms for both classified and unclassified material. An ofthese are in direct support of the time sensitive nature of operations at the NTC. Both units have been given increasingly greater responsibility during the past two years in response to incidents such as the Northwest Airlines passenger with explosive materials in his clothing in December 2009, the· attempted bombing of Times Square May 2010, and tIle explosives sh1ppedin printer cartridges in October 2010, but thwarted in the United Kingdom and the UAB due to international partnerships established by the NTC.

Housing NTC~P and NTC~C separate facilities the risk that a passenger 01' cargo related terrorist threat will not be discovered enough to protect our national security. Interdicti~lg terrorist travelers or cargo requires time sensitive operations. A passenger threat often leads to a cargo threat that must immediately be evaluated. Consolidating NTC-P· and NTCwC will enable NTC to more quickly pm'sue potential links between passenger and cargo cases. In its current state NTC~C has to travel to NTC-P when it needs to use oe1ta111 space not currently available to it For emergent events minutes can critical.

The proposed Dulles Corridor delineated area allows the NTC' to remain in proximity to other mteUigence and targeting groups of the Federal government and maintain proximity to telecommunications tlUnk lines in the Dulles C01'l'idol', Dulles Airport.

. The maximum proposed rental rate in this prospectus is a projected rate for lease tnmsactiol1s with a future effective (rent start) of the proposed new lease. GSA will conduct the procurement using pl'evaHing market rental rates as a benchmark for the evaluation of competitive offers and as a basis for negotiating with offerors to ensure that lease award is made in the best interest of the Government. award shaH not exceed maximum rental rate as specified in this prospectus.·

Page 3

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PROSPECTUS - LEASE DEPARTMENTOFHOMELANDSECUIDTY U.S. CUSTOMS AND BORDER PROTECTION NATIONAL TARGETING CENTERS NORTHERN VIRGINIA

Prospectus Number: PVA-01-WAl3 Congressional Districts! 8, 10, 11

Summary of Energy Compliance GSA will incorporate energy efficiency requirements into the Request for Lease Proposals and other documents related to the procurement of space based on the approved prospectus. GSA encourages offerOl's to work with energy service providers· to exceed minimum requirements set forth in the procurement and. to achieve an Star perf01mance rating of 15 or higher.

Resolutions of Approval

Resolutions adopted by the House Committee all Transportation and Infhlstl'Uctui'e' and the Senate Committee,on Environment and Public Works approving tIns prospectus will constitute approval to make appropriations to lease space in a that will ,Yield the required rentable area.

Interim Leasing

GSA will execute such interim actions as are to ensu!'e continued housing the tenant agency prior to the effective date of the new lease. It is ill the best interest of the Government to avert the financial risk of holdover 1'P1"I,"'''('''

Page 4

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PROSPECTUS - LEASE DEPARTMENT OF HOMELAND SECURITY U.S. CUSTOMS AND BORDER PROTECTION NATIONAL TARGETING CENTERS NORTHERN VIRGINIA

Prospectus Number: PVA-07-WA13 Congressional Distl'icts: 8, 10, 11

Certification of Need

The proposed project is the best solution to meet a validated Government need.

Submitted at Washington, DC, on ._~~ooQ§~ilt._a1~ ______

Recommended: ___--'1..

PageS

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iSm~4u5tl!r lJas4ington, Nick 31. (!llyufrmuu COMMITTEE RESOLUTION itatddllg :llItmfll~r

LEASE James H. Zoia, DEPARTMENT OF HEALTH AND HUMAN SERVICES AGENCY FOR HEALTH CARE RESEARCH AND QUALITY SUBURBAN MARYLAND PMD-04-W A 13

Resolved by the Committee on Transportation US. House ofRepresentatives, that pursuant to 40 U.S.C. §3307, appropriations are authorized for a lease extension of up to 133,895 rentable square feet of space, il1cluding seven parking spaces, for the Department of Health and Human Services, Agency for Healthcare Research and Quality, currently located at 540 Gaither Road, Rockville, Maryland, at a proposed total al1nual cost of $4,686,325 for a lease term of up to five years, a prospectus for which is attached to and included in this resolution.

Approval of this prospectus constitutes authority to execute an interim for all tenants, if necessaJ)" prior to the execution of the new lease.

Provided that, the Administrator of General Services and tenant agree to apply an overall utilization rate of 268 square feet or less per person.

Provided that, except for interim leases as described above, the Administrator may not enter into any leases that are below prospectus level for the purposes of meeting any of the requirements, or pOItions thereof, included in the prospectus that would result in an overall utilization rate of 268 square feet or higher per person.

Provided that, to the maximum extent practicable, the Administrator shall include in the lease contract(s) a purchase option that can be exercised at the conclusion of the firm term of the lease.

Providedfurther, that the AdministTator shall require that the delineated area of the procurement is identical to tile delineated area included in the prospectus, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall provide an explanatory statement to the Committee on Transportation and Infrastructure of the House of Representatives prior to exercising any lease authority provided in this resolution.

Providedfurther, that the General Services Administration shall not to any other agency the authority granted by this resolution.

Adopted: February 28, 2013

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PROSPECTUS - LEASE DEPARTMENT OF HEALTH AND HUMAN SERVICES AGENCY FOR HEALTHCARE RESEARCH AND QUALITY SUBURBAN MARYLAND

Prospectus Number: PMD-04-WA 13 Congressional District: 8

Executive SummarY

The General Services Administration (GSA) proposes a lease extension for 133,895 l'entable square feet of space the Depattment of Health and Human Selvices (OOS), Agency for Healthcare Research and Quality (AHRQ). AHRQ is currently located at 540 Gaither Road, Rockville, Maryland, under a lease that expires March 22, 2013. AHRQ is planning to move to the Parklawn Building, located at 5600 Fishers Lane, Rockville, MD, which is scheCluled to be ready for occupancy between August 2015 and 2017. AHRQ is scheduled to move to the Parklawn Building between JanualY and March 2017. GSA is seeking a five-year lease extension to allow AHRQ to remain in place prior to the move and to provide flexibility hi the event of schedule delays at Parklawl1. GSA ,vill attempt to negotiate termination rights into the lease agreement to accommodate the long term housing solution at the Parklawn Building.

The proposed space utilization rate at 540 Gaither Road is higher than the HHS overall space utilization standard of 170 USF/pel'son. Space realignment and utilizatiolll'ate improvement is not cost-effective 01' feasible for the proposed short-term lease extension at the current location. It would also be highly disruptive to AHRQ's performance of its mission. However, the agency's planned occupancy of the Pm'klawn Building wiII fully consistent with the applicable HHS space utilization standard.

DescriJJtio:1l

Occupant: Lease Type: Extension Current Rentable Square Feet (RSF): 133,895 (Current RSFIUSF == 1.07) P~'oposed Maximum RSF: 133,895 (Proposed RSFIUSF = 1.07) Expansion Space RSF: Current Usable Square FeetIPerson: Proposed Usable Square FeetlPerson: . Proposed Maximum Leasing Authority: Expiration Date(s) of Current Lease(s): Delineated Area: MD Number of Official Pm'king Spaces: . Scoring:

Page I

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PROSPECTUS LEASE DEPARTMENT OF HEALTH AND HUMAN SERVICES AGENCY FOR HEALTHCARE RESEARCH AND QUALITY SUBURBAN M:ARYLAND

Prospectus Number: PMD-04~WA13 Congressional District: 8

1 Maximum Proposed Rental Rate : . $35.00 Proposed Total Annual Cose': $4,686,325 Current Total Annual Cost: $3,762;143 (Lease effective 3/23/2003)

Backgr()und

AHRQ's mission is to improve quality, safety. efficiency, and effectiveness ofhealt11 care for all Americans. As one of 12 agencies within the Department of Health and Human Services, AHRQ supports research that helps people make more informed decisions and improves the quality of health care services. AHRQ was formerly known :;IS the Agency for Health Care PoHcy and Research. '

Justification

The current AHRQ lease at 540 Gaither Rockville. Maryland expires 011 March 2013. AHRQ plans to move to the'Parklawn renovation. AHRQ will require continued housing to carry out move. will extend AHRQ's current leasehold tenancy and attempt to negotiate rights Into the lease agreement to accommodate the long term hou~ing solution at Parklawn Building.

The maximum proposed rental in this rate for transactions with a nltUl'e effective (rent start) date consistent expiration the CUlTent lease in March 2013. However, this proposed short-term lease extension does not require new tenant space build-out or upgrades needed' for a long-term occupancy. GSA wiU conduct the pl'ocurement using prevailing rental rates as. a benchmark and basis for negotiating with the current lessor to ensure t11e Government. Lease award s11a1111ot exceed the prospectus.

! This estimate Is for fiscal year 2013 and escalated by 1.65 percent annually to tile effective date ofthe lease to account for inflation. The proposed rental rate is fully serviced including all operating expenses whetiler paid by the lessor or directly by the Govemment. 2 Any new lease may contain an annual escalation clause to provide for increases Of decreases in real estate taxes and operating costs.

PageZ

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PROSPECTUS - LEASE . DEPARTMENT OF HEALTH AND HUMAN SERVICES AGENCY FOR HEALTHCARE RESEARCH AND QUALITY SUBURBAN MARYLAND

Prospectus Number: PMD-04-WA13 Congressional District: 8

Resolutions of tirml'ovaI

Resolutions adopted by the House Committee on Transportation and Inn'Bstructure and. the Senate Committee on Environment and Public Works approving this prospectus will constitute approval to make appropriations to lease space in a facility that will yield the required rentable area.

Interim Leasing

GSA will execute such interim leasing actions as are necessary to ensure continued housing of the tenant agency prior to the effective date of the new lease. It is in the best interest of the Government to avert the financial risk of holdover renam:~y

Certification of Need

The proposed project is the best solution to a validated

Submitted at Washington) DC, 011 _~~~~-'~I~(illL-_____----'" _____

Page 3

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Qtnmmitttt nn wrauspndatinn anb Jnfrastrudurt E.§. llfnust nf iRtprtstntatiuts

tiltH p1/U,.l,un Ifm.dlfngtnn.1OO]: 21J515 (!!4airman COMMITTEE RESOLUTION

LEASE Christ.opher p~ Bertram, 0","",," cew, DEPARTMENT OF HEALTH AND HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION SUBURBAN MARYLAND PMD-03-WA13

Resolved by the Committee on Transportation and Irifrastructure U.S. House ofRepresentatives, that pursuant to 40 U.S.C. §3307, appropriations are authorized for a lease of up to 228,020 rentable square feet of space, including eight parking spaces, for the Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, currently located at 1 Choke Cherry Road, Rockville, Maryland, at a proposed total annual cost of $7,980,700 for a lease term of up to tvm years, a prospectus for which is attached to and included in this resolution.

Approval of this prospectus constitutes authority to execute an all tenants, if necessary, prior to the execution of the new lease.

Provided that, the Administrator of General "-",,'U,(,,pc and tenant agree to apply an overall utilization rate of 242 square feet or less per person.

Provided that, except for interim leases as described above, the Administrator may not enter into any leases that are below prospectus level for the purposes of meeting any of the requirements, or portions thereof, included in the prospectus that would result in an overall utilization rate 242 square or higher per person.

Provided that, to the maximum extent practicable, the Administrator shall include in the lease contract(s) a purchase option that can be exercised at the conclusion of the firm term of the

Providedfurther, that the Administrator shall require that the delineated area of the procurement is identical to delineated area included in the prospectus, that, if the Administrator that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall provide an explanatory statement to the Committee on Transportation and Infrastructure of the House of Representatives prior to exercising any lease authority provided in this resolution.

Providedfurther, that the General Services shall not to any other agency authority granted by this resolution.

Adopted: February 28, 2013

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PROSPECTUS-LEASE DEPARTMENT OF HEALTH AND HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION SUBURBAN MARYLAND

Prospectus Number: PMD-03-WAI3 Congressional District: 8

Executive SummaIT

The General Services Administration (GSA) proposes a lease extension of up to 228,020 rentable square feet for the Department of Health and Human Services (HHS), Substance Abuse and Mental Health Services Administration (SAMHSA). SAMHSA is currently located at 1 Choke Cherry Road, Rockville, Maryland a lease that August 2014. SAMHSA is planning to move to the Parldawn Building, located at 5600 Fisher's Lane, Rockville, MD, which is scheduled to be ready for occupancy between August 2015 and 2017. SAMHSA is scheduled to move to the Parldawn Building between July and September 2015. GSA is seeking a two-year lease extension to allow SAMSHA to in place prior to the move and to provide flexibility in the event of schedule delays at Parldawn. will attempt to negotiate termination rights into the lease agreement to accommodate the long term housing solution at the Parklawn Building.

The proposed space utilization rate at 1 Choke Road is higher than the HHS overall space utilization standard of 170 USF/person. Space utilization rate improvement is not cost-effective or feasible for the proposed short-term extension at the current location. It would also be highly disruptive to SAMHSA's continuing performance of its mission. However, the agency's planned occupancy of the Parklawn Building will be fully consistent with the applicable space utilization standard.

Occupant: Lease Type: Current Rentable Square Proposed Maximum RSF: Expansion Space RSF: None Current Usable Square 275 Proposed Usable Square Proposed Maximum Leasing Authority: 2 years Expiration Date(s) of Current 8/26/14 Delineated Area: 1 Choke Cherry Road, Rockville MD Number of Official Parldng Spaces: 8 Scoring: Maximum Proposed Rental $35.00

! This estimate is for fiscal year 2014 and may be escalated by 1.6 percent annually to the effective date of the lease to account for inflation. The proposed rental rate is fully serviced including all operating expenses whether paid by t11e Jessor 01' directly by the Govermnent. Page 1

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DEPARTMENT SUBSTANCE ABUSE AND SUBURBAN MARYLAND

Prospectus Number: PMD-03-W A13 Congressional District: 8

2 Proposed Total Annual Cost ; $7,980,700 Current Total Annual Cost: $5,329,954 (Lease effective 8/27/2004)

Background

SAMHSA is responsible for improving the delivery and effectiveness substance abuse and mental health services to the American public. SAMHSA is a national leader in advancing effective services to persons with addictive and mental disorders and has stewardship over important interventions affecting personal, community, institutional, and social values.

The current lease at 1 Choke Road, Rockville, Mmyland on August 26, 2014. SAMHSA plans to move to the Pmldawn Building which is currently under renovation. SAMHSA will require continued housing to carry out its mission prior to the Parldawn move. GSA wilI attempt to negotiate termination rights into a lease agreement to provide a flexible transition for SAMHSA's long-term housing solution.

The maximum proposed rental rate in this prospectus is a projected rate for lease transactions with a future effective (rent start) date consistent with the expiration of the current lease in August 2014. However, this proposed short-term lease extension does not require new tenant space build-out or upgrades for a long-teml occupancy. will conduct the procurement using prevailing market rental rates as a benclU11ark and basis for negotiating with the current lessor to ensure that award is made in the best interest of the Government. Lease award shall not rental rate as prospectus.

Resolutions adopted Senate Committee on

area.

2 Any new lease may contain all annual escalation clause to for increases or decreases in real estate taxes and operating costs. 2

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DEPARTMENT OF ... £~,ro.LI SUBSTANCE ABUSE SUBURBAN MARYLAND

Prospectus Number: PMD-03-W A 13 Congressional District: 8

Interim Leasing

GSA will execute such interim leasing actions as are necessary to ensure continued housing of the tenant agency prior to the effective date of the new lease. It is in the best interest of the Govermnent to avert the financial risk of holdover tenancy.

Certification of Need

The proposed project is the best solution to meet a validated Government

Submitted at Washington, on _-====--=~"'-;::.:=-______

Page 3

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Q!ummittl!t un Wranspurtatfun llfuusl! iliIill ""'" ..,"'.". Qt!l&frtmm

LEASE .Tame's H. Zoiat Democrat Staff Director DEPARTMENT OF DEFENSE NORTHERN VIRGINIA PVA-04-WA12

Resolved by the Committee on Transportation and Injrastructure US. House ojRepresentatives, that pursuant to 40 U.S.C §3307, appropriations are authorized for a replacement lease of up to 281,000 rentable square feet of space, including 51 parking spaces, for the Department of Defense, currently located in the Suffolk Building, 5611 Columbia Pike, Falls Church, Virginia, at a proposed total annual cost of $1 0,959,000 for a lease term of up to 15 years, a prospectus for which is attached to and included in this resolution.

Approval of this prospectus constitutes authority to execute an lease for all if necessary, prior to the execution of the new lease.

Provided that, the Administrator of Genera! and tenant agree to apply an overall utilization rate of200 square feet or less per person.

Provided that, except for interim leases as described above, the Administrator may not enter into any leases that are below prospectus level for the purposes of meeting any of the requirements, or portions thereof, included in the prospectus that would result in an overall utilization rate of 200 square feet or higher per person.

Provided that, to the maximum extent practicable, the Administrator shall include in the lease contract(s) a purchase option that can be exercised at the conclusion of the firm term of the

Providedfurther, that the Administrator shall that the delineated R;rea of the procurement is identical to delineated area included in the prospectus, except that, jfthe Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall provide an explanatory statement to the Committee on Transportation and Infrastructure of the House of Representatives prior to exercising any lease authority provided in this resolution.

Providedfurther, that the General 'Pln!l,~pc Administration shall not to any other agency the authority granted by this resolution.

Adopted: 28,2013

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PROSPECTUS-LEASE DEPARTMENT OF DEFENSE NORTHERN VIRGINIA

Prospectus Number: PVA~04-WA12 Congressional District: 8,10,11

Executive Summary

The General Services Administration (GSA) proposes a replacement lease of up to 281,000 rentable square feet for the Department of Defense (DOD), currently located in the Suffolk Building, 5611 Columbia Pike, Falls Church, VA. DOD has a continuing, longwterm need for space to meet its mission requirements in Northern Virginia. Notwithstanding a highly efficient office space utilization rate of 114 usable square feet per person, DOD requires a significant amount of critical special space, resulting in the overall space utilization of 264 usable square feet per person. The space is req1.ured due to the unique needs of DOD including 48,000 usf of . Sensitive Compartmented Information Facility (SClF)

The proposed total annual cost indicated below reflects the adjustment to CUl'1'ent market conditions of a lease that will almost 10 years' old at expiration. anticipates that a competitive procurement will result in a lower actual total annual cost. The proposed maximum RSF does not represent expansion space but the amount of space needed to provide 233,925 USF as indicated on the housing plan buildings having an RSFIUSF as high as 1.2 in order to maximize competition.

TIle maximum proposed rental rate in this prospectus is a projected rate fur lease transactions with a future' effective (rent start) date consistent with the expiration the CtUTent lease on June 30, 2013. GSA will conduct the procurement using prevailing market rental rates as a benchmark for the evaluation of competitive offers and as a basis for negotiating with offerors to ensure that lease award is made the best interest of the Government.

Description

Occupants: DOD Lease Type: CUll"ent Rentable Square Feet (RSF): 258,248 (Current Proposed Maximum RSF: 1,000 1 Expansion Space : None Current Usable Square Proposed Usable Square

Proposed Maximum .uV"QUJlF, UUl1()nry: Expiration Date of Current 06/30/13 Proposed Delineated Northern Number of Official Parking Spaces: 51

1 The RSFJUSF at the current location is 1.10. 2 The proposed usable square metric is consistent witll recent DOD pros:pecll:us~level reqllirolnOllts in GSA's Fiscal Year 2011 program. 1

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PROSPECTUS - LEASE DEPARTMENT OF DEFENSE NORTHERN VIRGINIA

Prospectus Number: PVA·04- WA12 Congressional District: 8,10,11

Scoring: Operating Lease 3 Maximum Proposed Rental Rate : $39.00 4 Proposed Total Annual Cost : $10,959,000 Current Total Anllual Cost: $7,006,091 (lease effective 2003)

Background

The Suffolk Building, was constructed in 1964 and renovated in 2003, DOD has occupied space in this building under the current lease since December 16, 2003.

Justification

The current lease for space Suffolk Building P-V1"\"t'P(l Jtme 30, and DOD requires continued housing to carry out its mission.

Summary Of Energy Compliance GSA will incorporate energy efficiency requirements into Solicitation for Offers and other documents related to the procurement of space for which this prospectus seeks authorization. GSA encourages offerors to work with energy providers to exceed minimum requirements set forth in the procurement and to achieve an Energy Star performance rating of 75 or higher.

Resolutions of Approval

Resolutions adopted by the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works approving tItis prospectus will constitute approval to make appropriations to lease space in a facility that will the required rentable area.

3This estimate is for fiscal year 2013 and may be escalated by annually to tJle effective date ofthe lease to account for inflation. The proposed rental rate is fully serviced including all operating expenses whether paid by the lessor or directly by the Government Operating rate would include a standard one shift operation, minimum 10 hours. 4Any new lease may contain an annual escalation clause for or decreases in real esmte taxes and operating costs. The proposed total annual cost is based on the Northern Virginia program rental rate of $391RSF multiplied by the proposed maximum 281,000 RSF, as discussed in footnote 1, above. 2

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PROSPECTUS -"LEASE DEPARTMENT OF DEFENSE NORTHERN VIRGINIA

Prospectus Number: PVA~04- WAl2 Congressional District: 8,10,11

Interim Leasing

GSA will execute such interim leasing actions as are necessary to ensure continued housing of the tenant agency prior to the effective date of the new lease. It is in the best interest of the Government to avert the financial risk of holdover tenancy.

Certification of Need

The proposed project is the best solution to meet a validated Goverlflne11t need.

Submitted at Washington, DC, on _--"=-"'==~'--"~"'--______

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VerDate Mar 15 2010 02:24 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00119 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MR7.022 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE Insert offset folio 1129/100 here EH04MR13.100 H938 CONGRESSIONAL RECORD — HOUSE March 4, 2013 There was no objection. women in a ‘‘spirit of protest against come out of the Great Recession, we f the political organization of society need to ask what Frances Perkins from which women were excluded.’’ would do today. PRESERVING THE RIGHT TO BEAR While we have achieved a great deal She would fight to raise the min- ARMS in the last 100 years, it is quite evident imum wage. Almost two-thirds of all (Mr. WILLIAMS asked and was given that our journey is not complete. minimum-wage workers are women. permission to address the House for 1 Women still deserve equal pay for Many are the sole breadwinners for minute.) equal work. Women deserve to control their families. She would defend Social Mr. WILLIAMS. Mr. Speaker, I am a their own reproductive rights. Security against those who want to cut proud supporter of the right to keep We still have to fight for the rights of its very modest benefits. and bear arms. I am appalled by the all Americans to participate in the So today, we take time to remember President’s attempts to erode our con- electoral process. The struggle con- Frances Perkins. Her message is still stitutional freedoms and impress his tinues. relevant today. Our Nation is stronger will by executive order. Our Founding f if we give working women—and men— fair opportunities and treatment. Fathers would not have imagined that MS. MORGAN—THE TEACHER; the right they listed second in the Bill KARA ALEXANDER—THE STUDENT f of Rights, the right to bear arms, PASSING THE SAFE SCHOOLS ACT would be systematically attacked. (Mr. POE of Texas asked and was My opposition to what the President given permission to address the House (Mr. STOCKMAN asked and was has proposed is based on the fact that for 1 minute and to revise and extend given permission to address the House his plan is not only unconstitutional, his remarks.) for 1 minute and to revise and extend it is not effective. The Federal Govern- Mr. POE of Texas. ‘‘Thank a Teach- his remarks.) Mr. STOCKMAN. Mr. Speaker, the ment has tried a ban on these weapons er.’’ Mr. Speaker, we have all seen that first high-profile school shooting in before, and it did not work. bumper sticker. modern memory occurred in Stockton, The National Institute of Justice I come from a family of teachers. My California, where a gunman took the states that ‘‘there has been no discern- mother, mother-in-law, wife, and three lives of five innocent children and in- ible reduction in the lethality and inju- of my four kids are teachers by profes- jured 29 others. riousness of gun violence’’ due to the sion. Robert Young, just 7 years old at 1994 assault weapons ban. Gun control When a special little girl, Kara, was that time, was one of the injured. He laws do not make our communities in the third grade, she and her parents came up here last week to talk about safer. They do not take firearms from noticed her difficulty in processing gun control. This is part of his testi- criminals but, rather, from law-abiding words. Her speech pattern affected her mony: citizens. self-esteem, her self-worth, and even Second, the phrase ‘‘assault weapons her weight. Some kids made fun of her. I remember what it sounded like, as the bullets flew past my body. I remember the ban’’ is a term of art. These are semi- Mrs. Morgan, the third grade teacher, was determined to help the little girl feeling of my feet literally being swept out automatic guns that essentially shoot from under me as a round traveled through the same kind of bullets as small-game speak better. my right foot. I remember the slap of the hunting rifles. Simply put, these are With hard work, the little girl and round that hit the pavement an inch or so in hunting rifles made to look like a mili- teacher overcame the word problem. front of me, prior to lodging itself in the left tary gun. Banning it for cosmetic rea- The student graduated as high school side of my chest. sons doesn’t make sense and won’t save valedictorian. She obtained her bach- Today, Rob is a sworn law enforce- any more lives. elor’s and master’s degrees. She also ment officer in the State of California. Third, banning large capacity maga- obtained a Ph.D. He came to Washington, not to urge zines will do little to stop criminals. There is more. Today, that little girl Congress to pass more gun control, but Any gun that uses a magazine can use received notice that she is tenured as to exhort this body to protect the Sec- a magazine of any size. That’s true of an associate professor at Baylor Uni- ond Amendment. rifles and handguns. So-called ‘‘assault versity in the department of, yes, In the 22 years prior to the 1990 en- weapons’’ are not any different. English. For you see, Kara Poe Alex- actment of federally dictated ‘‘gun-free In the end, if the President wants to ander, our daughter, the little girl that school zones,’’ there were only two begin a national dialogue about stop- had trouble talking, has a Ph.D. in mass shootings on school or university ping violence, he shouldn’t start by English rhetoric, the study of words. campuses. In the 22 years since, there taking away our rights as citizens. I Congratulations, Kara, on being have been 10, a five-fold increase. Not am willing to work with the President tenured faculty. And thank you, Mrs. only have so-called ‘‘gun-free school and my colleagues on both sides of the Morgan, a teacher. zones’’ proven not to be ‘‘gun free,’’ aisle to find a real solution to the chal- And that’s just the way it is. they appear to have placed our children lenges we face, but that solution will f in even greater danger. have to look at all the issues involved. RECOGNIZING FRANCES PERKINS The time has come to end this very But perhaps the most important part deadly experiment of disarming peace- (Ms. SCHAKOWSKY asked and was of the solution is restoring a culture of able, law-abiding citizens near schools. given permission to address the House life in this country again. That’s why I introduced H.R. 35, the for 1 minute.) May God bless America. Safe Schools Act, to repeal these dead- Ms. SCHAKOWSKY. Mr. Speaker, 80 ly, so-called ‘‘gun-free school zones.’’ f years ago today, Frances Perkins was Law-abiding adults, including par- b 1900 sworn in as Secretary of Labor. This is ents, teachers, and administrators who Women’s History Month, and Frances are allowed in their States to carry a THE ACHIEVEMENTS OF WOMEN Perkins certainly made history. firearm, should not be required to be (Ms. FUDGE asked and was given She was the first woman member in disarmed. Our children are too precious permission to address the House for 1 the history of the United States to be to be turned into unprotected, soft tar- minute.) part of the Cabinet, and still holds the gets for dangerous people. Passing the Ms. FUDGE. Mr. Speaker, on Sunday, record as the longest serving Secretary Safe Schools Act is the first step to- March 3, 2013, the women of Delta of Labor. She brought us the Fair ward protecting our children. Sigma Theta Sorority, Incorporated, Labor Standards Act, giving working f and other women’s organizations led women and men fair wages, limits on the reenactment of the historic Wom- overtime, and the right to organize. COMMEMORATING THE LEGACY OF en’s Suffrage march down Pennsyl- She was the architect of the Social Se- JEANNETTE RANKIN vania Avenue. In March 1913, Delta curity Act. (Ms. EDWARDS asked and was given Sigma Theta’s 22 founders engaged in Frances Perkins helped bring us out permission to address the House for 1 their first public act by joining other of the Great Depression. And as we minute.)

VerDate Mar 15 2010 02:24 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00120 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MR7.023 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 4, 2013 CONGRESSIONAL RECORD — HOUSE H939 Ms. EDWARDS. Mr. Speaker, I rise Marcus, Jonathon Montanez, and the gentleman from Indiana (Mr. MESSER) today in recognition of March as Wom- Franklin and Coronado High School is recognized for 60 minutes as the des- en’s History Month and to commemo- basketball teams in El Paso, Texas. ignee of the majority leader. rate the legacy of Jeannette Rankin, Few teams have a more contentious GENERAL LEAVE the first elected woman to serve in the rivalry than these two schools, who Mr. MESSER. I ask unanimous con- House of Representatives on this day, compete to claim the title: Pride of the sent that all Members may have 5 leg- March 4, 1917. Westside. So it was a hometown sports islative days in which to revise and ex- Jeannette Rankin furthered women’s miracle when these rivals came to- tend their remarks and include extra- rights, ensuring universal suffrage and gether last month to support Mitchell neous materials on the subject of this protecting the poor. She began her ca- Marcus, a special-needs student who Special Order. reer as a community organizer, work- was the Coronado basketball team The SPEAKER pro tempore. Is there ing in low-income neighborhoods in manager. objection to the request of the gen- San Francisco, New York, and Wash- With 90 seconds left in the season’s tleman from Indiana? ington State, and she witnessed the final game, Coach Peter Morales put There was no objection. troubles of women and single mothers Mitchell in the game to fulfill his Mr. MESSER. Mr. Speaker, I rise living in these communities. Jeannette dream of making a basket. However, today as part of the second in a series Rankin became a strong, natural advo- after a few missed shots, Mitchell’s op- of Special Orders put on by the newly cate for giving women a national voice portunity seemed lost. But with sec- elected freshman Republican caucus. through the right to vote. onds left in the game, rival Franklin Our first was on spending; today we Remarkably, Jeannette Rankin was player Jonathon Montanez passed the rise to speak on the Second Amend- elected to Congress when women still ball to Mitchell, and he scored the final ment. did not have the right to vote. The 19th basket as the clock hit zero. Fans I have participated, in the first 50 Amendment was passed 3 months after stormed the court to carry Mitchell on days of my service here in this Cham- she left Congress. As Rankin herself their shoulders, chanting his name. ber, in 19 public events throughout the put it, ‘‘We’re half the people; we It is a moment now famous in El Sixth District of Indiana—coffees, should be half the Congress.’’ Paso and around the world because it meetings with constituents, the public, Today, we must continue to honor shows that character and compassion folks who vote to send us here—and I her work and legacy. With the ongoing can transcend even the bitterest rival- can tell you in every one of those budget crisis in mind, it is imperative ries. events people have two topics top of that we redouble our efforts, as she mind: they’re focused on spending; f would have, to come to a solution and they’re focused on the sequester. to take the lesson of Jeannette b 1910 They’re tired of the Federal Govern- Rankin, to fight for women and the ment that continues to spend money poor who are disproportionately af- HONORING THE LIFE AND LEGACY OF SERGEANT GARY MORALES that we don’t have, and they want the fected by sequestration, and to fight government to follow the principle for them as Jeannette Rankin fought (Mr. MURPHY of Florida asked and that every American family does, for them so hard. was given permission to address the which is, you don’t spend money unless f House for 1 minute.) you have money to spend. But the sec- CLEAN ENERGY AND EXTREME Mr. MURPHY of Florida. Mr. Speak- ond topic that I hear everywhere that I WEATHER er, I rise today to honor the life and go is the Second Amendment and the legacy of Sergeant Gary Morales, who (Mr. GARAMENDI asked and was importance of making sure that that was laid to rest today after being killed bedrock principle of American liberty given permission to address the House in the line of duty at the age of 35 last for 1 minute and to revise and extend is protected. Thursday in Fort Pierce, Florida. Ser- We all know of the tragic events that his remarks.) geant Morales was a 12-year veteran Mr. GARAMENDI. Mr. Speaker, the have occurred in recent months here in with the St. Lucie County Sheriff’s Of- climate is changing. Climate change is America—obviously the Connecticut fice and also proudly served our coun- very, very real. You only have to look tragedy being foremost on top of the try as a member of the United States at the superstorms we have had, Sandy mind. I want to make clear in my com- Air Force. and others, and the $180 billion of de- ments, as I do all throughout my dis- There has been an outpouring of sup- struction that has been wrought upon trict, that as a Nation we are heart- port in the wake of the shooting, with us from the environment just over the broken by tragedies like that when the community coming together to last 2 years. they occur. As a Nation, we mourn and The climate is changing, and there’s support his wife, Holly, and their two weep with the families that had to deal something we can do about it. In fact, young daughters, Brooklyn and Jordan. with those tragedies. But as sad and there’s something this House of Rep- The community has also come together tragic as those circumstances are, we resentatives must do about it, and that to share fond memories of a man that cannot allow those events to be an ex- is to move forcefully, directly, and ag- everyone remembers as being an out- cuse to undercut the Second Amend- gressively to clean energy policies. We standing officer with a bright future ment and all that it means for liberty ought to be subsidizing those clean en- and someone who always went above in this Nation. ergy systems that are out there—solar and beyond to help others. It is clear There are opportunities to make a and wind. that Sergeant Morales not only dedi- difference for public safety in this de- In my own district in Solano County, cated his life to service, but was a true bate. It is time for a national conversa- we have one of the biggest wind farms. leader and a selfless hero. tion about mental health because the My own history goes back to 1978, when Mr. Speaker, Sergeant Gary Morales common denominator in every one of I authored legislation for State tax dedicated his life to serving his com- these crimes is that the perpetrator is credits. We can and we must deal with munity and his country. I extend my someone who is mentally ill. climate change, and we can do it with most heartfelt condolences to the Mo- There are opportunities to do more clean energy policies. rales family and his extended family at on school security, and I’m hopeful the sheriff’s office during these most that we will be able to work through f difficult times. I am humbled to recog- those as we move forward. But this SPORTSMANSHIP ON DISPLAY IN nize him here today. much must be made clear: gun bans EL PASO HIGH SCHOOL BASKET- f don’t work. They are only effective at BALL RIVALRY preventing law-abiding citizens from (Mr. O’ROURKE asked and was given GOP FRESHMAN CLASS HOUR: THE having guns because the criminals and permission to address the House for 1 SECOND AMENDMENT mentally deranged that commit these minute.) The SPEAKER pro tempore (Mr. crimes don’t care about the fact that Mr. O’ROURKE. Mr. Speaker, I rise VALADAO). Under the Speaker’s an- there is a law that would have them today to pay tribute to Mitchell nounced policy of January 3, 2013, the not have a gun. To blame a gun for a

VerDate Mar 15 2010 02:24 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00121 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MR7.025 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H940 CONGRESSIONAL RECORD — HOUSE March 4, 2013 crime is to blame a pen for a mis- stead of creating new and harsher laws, Speaker, I’d like to thank you for al- spelled word. I look forward to the op- we need to do a better job of enforcing lowing me to rise here today. portunity to dialogue with my col- the gun laws that we currently have. Mr. Speaker, I rise to address this leagues today on this important topic. Finally, let me say this: I believe body tonight about a subject that I appreciate Congressman STOCKMAN that the timing of this proposal and weighs heavy on the minds of many of and Congressman WILLIAMS for their these bills, it just isn’t right. At a time my constituents and many Americans. comments just a few minutes ago. when sequestration just went into ef- It is a subject and a right that has been I yield to the gentleman from Utah fect and our country is on a path to- granted to us by our country’s found- to step forward and give comments on wards bankruptcy, it’s unacceptable ing principles, the Constitution, not by this important topic. that the White House continues to government. It is the birthright of any Mr. STEWART. I thank the gen- push its gun control agenda. law-abiding citizen of the United tleman from Indiana for yielding his We need to be focusing on getting our States of America, and it is their time. country back on a path of fiscal sanity. choice to exercise that right. It is the I had the great blessing of growing up We need the President and his adminis- role and duty of government to protect on a family farm. I know what it’s like tration to show leadership. We need to those rights. as a kid to be so excited to go hunting ensure that America maintains its In my 2 months as their Representa- with my brothers and with my father leadership role in the world. To do tive, more people in the Third Congres- that you can’t sleep the night before. I that, we need to budget and to spend sional District of Florida have reached also had the great privilege of serving responsibly. We need to replace Presi- out to me with their concerns over how for 14 years as a pilot and an officer in dent Obama’s sequester—and it is this Congress will address our Second the United States Air Force. There I President’s sequester—with common- Amendment after the much-publicized, learned a little bit about defending our sense spending cuts and reforms. tragic event at Newtown, Connecticut. Nation through an adequate show of Most importantly, we need the Presi- This, indeed, I think we all agree was force. I also, by the way, qualified as dent to demonstrate an understanding a senseless act of violence. This is not an expert marksman in small arms. of the Nation’s need to balance our a time to make a knee-jerk reaction and challenge our Second Amendment Recent and saddening events of vio- budget and get us back on a path to- and restrict our rights as law-abiding lence have brought conversations wards fiscal sanity. That is the great citizens. This is not a time to play par- about guns to the national stage. These fight of our day. That is the great chal- tisan politics. This is a time to come acts of violence, as terrible as they are, lenge that we are facing. together. should not be used by the White House My heart bleeds for the victims of as justification to revoke the rights This is a time to go after the cause of gun violence—whether they’re in New- this despicable act, the individual and outlined in our Constitution. town or in New York or in my home The Second Amendment clearly the cause of gun violence. I stand 100 district—but the President’s proposals percent with President Obama and all states that the right of the people to will not help. keep and bear arms shall not be in- others that want to curb gun violence fringed. Our Founding Fathers created b 1920 so long as it does not interfere with our Second Amendment. The Second this amendment to protect the citizens They aren’t designed to address the Amendment states: from government tyranny. In 2008, the core problems of mental health or a Supreme Court emphatically stated culture that is steeped in violence, vio- A well regulated Militia being necessary to lence that is thrust upon our children the security of a free State, the right of the that the right to bear arms is an indi- people to keep and bear arms, shall not be vidual right. Today, it continues to en- through media that are bent upon infringed. sure Americans’ right to defend them- making more money through the vio- This is necessary to protect the selves against the evil in the world. lence that they propagate. Mr. Speak- Third Amendment: er, let’s concentrate our attention on Based on a survey as recently as 2000, No soldier shall in time of peace be quar- U.S. civilians do use guns to protect the greatest challenge of our day, not tered in any house, without the consent of themselves and others from crime at on a Band-Aid of additional laws that the Owner, nor in time of war, but in a man- least 990,000 times a year—almost 1 are designed to do nothing but to make ner to be prescribed by law. million times a year. It’s critical that some liberals feel better. Those who commit the unspeakable we continue to protect this personal To the gentleman from Indiana, I crime we’ve witnessed a few months and absolute right. yield back and thank you for this op- ago should not be able to hide behind While gun-related violence is indeed portunity to address the House. any amendment or law in this country. tragic—and we all know that it is; as Mr. MESSER. I appreciate the com- But the real issue is gun violence, not my friend, the gentleman from Indiana, ments of the gentleman from Utah. the gun. We must be vigilant in using has so eloquently stated, we bleed for As we consider the tragedy that oc- the laws already available to the full- those who suffer from this—it’s impor- curred in Newtown, Connecticut, it is est extent possible and look at why tant to note that it only accounts for a natural to want to do something to people are doing these crimes. Before small portion of the violent crimes prevent that from ever happening we punish or infringe upon the rights that are committed in the United again. The victims of such unthinkable of the law-abiding individual, we States. crimes deserve our solemn prayers for should look more at causes of mental As an example, the U.S. Department their loss and our deepest sympathy for health issues that lead to these crimes. of Justice has said that of the roughly their pain. The perpetrators of such This point is illustrated by the De- 5 million violent crimes committed in evil deserve justice for their crimes. partment of Justice’s own internal the United States during 2008, only 8 The problem, however, is that the memo that we’re discussing tonight, percent were committed by offenders President and other opponents of the which notes that the greatest number who visibly were armed with a gun. Second Amendment are seeking to of guns used in crime comes from straw Most of those crimes were committed limit our constitutional rights by purchases, those being purchased by with guns that were already illegal. pitching Americans a false sense of se- someone for someone else or by theft of Even the U.S. Justice Department con- curity: that by taking away rights, a gun, not by the person that abides by ducted a survey in the 1990s and found somehow those who intend to do harm the law. that approximately 79 percent of the will not do so. History shows that gun Laws that place even more restric- State prison inmates that carried a bans only keep guns away from law- tions on law-abiding citizens who only firearm during an offense that sent abiding citizens, not criminals. Those want the right to own a gun for any them to jail received their gun either who want to build, modify, or acquire legal activity they determine will not through an illegal source or from one weapons for violence will do so. deter the person intent on doing harm. of their friends or family. I recognize the gentleman from Flor- People with bad habits tend to do bad Stricter laws to ban guns will not ida on this important topic. things. solve any of these problems. We al- Mr. YOHO. I’d like to thank the gen- The first week of this Congress, I ready have many laws in place; but in- tleman from Indiana for his time. Mr. joined many of my colleagues here on

VerDate Mar 15 2010 02:24 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00122 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MR7.027 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 4, 2013 CONGRESSIONAL RECORD — HOUSE H941 the House floor in the reading of our There was no objection. mains in double digits at 13.8 percent, Constitution. We took an oath at that Mr. JEFFRIES. Mr. Speaker, it is my far higher than the national rate. Now swearing-in ceremony to uphold the honor and my privilege to stand here these communities can only watch as Constitution. I carry a copy of our Con- today as a member of the Congres- the sequester threatens to roll back stitution with me everywhere I go. Any sional Black Caucus to participate one the modest gains of the last few years. and all we do in this body, and our col- more time as an anchor for the CBC The Office of Management and Budg- leagues in the Senate, should be done Special Order today on the subject of et estimates that title I education to uphold, to protect, and to strength- the impact of sequestration on the funds could be eliminated for more en this document; and by doing this, American people. than 2,700 schools. This cut alone will we strengthen America. Our Constitu- As we know, on Friday, the seques- have an impact on nearly 1.2 million tion has set America apart from every tration took effect, automatic spending disadvantaged students. In my home other country in the world, and I aim cuts of a significant painful amount State of Ohio, the public schools are to keep it that way. that will be experienced by the Amer- preparing for the loss of $25.1 million in Mr. MESSER. Thanks again to the ican people all across the land. Mr. funding for primary and secondary edu- gentleman from Florida. I appreciate Speaker, unfortunately, it’s something cation. You tell me, Mr. Speaker, what your comments today. I thank my col- that was avoidable had there been a have children done to deserve this im- league from Utah and my colleagues willingness to try and find common pact of sequestration? from Texas who had the opportunity to ground. The sequester will impact every speak earlier, and I appreciate your There are many of us who believe neighborhood and every household. No leadership on this important topic. that the most appropriate approach matter your race or your age, the se- Obviously, we face many challenges would have been to try and find a bal- quester will have an impact on your as a Nation. The Second Amendment is anced resolution involving tax reform life. one of them, but an important one. and revenue and attempting to identify What does the sequester mean for our Clearly, we all want to prevent horrible where reasonable spending adjustments economy? What does it mean for our tragedies similar to the loss of those could have been made. But instead of neighborhoods? What does it mean for young lives in Newtown, Connecticut; all parties trying to come together to your household? It means cuts to edu- but gun bans and many of the other find a balanced resolution to the prob- cation. The jobs of 10,000 teachers are proposals from this President are not lem that we find ourselves in, there are now at risk. It means cuts to small the answer. some in this Chamber who seem com- business. Small business loan guaran- For example, an internal memo from mitted to trying to balance the budget tees will be reduced by up to $540 mil- the Justice Department said that the on the backs of the most vulnerable in lion. It means cuts to food safety. universal background checks proposed our society, balancing the budget on There will be roughly 2,100 fewer food by this President will only be effective the backs of children and seniors, preg- inspectors. It means compromising if paired with required gun registra- nant women, Superstorm Sandy vic- workplace safety. Workers will be less tion—a list of law-abiding citizens who tims, public housing residents, or na- safe due to about 1,200 less safety in- simply exercise their constitutional tional security. spections. It means cuts to mental right to own a firearm. This is a bla- health funding. Up to 373,000 mentally b 1930 tant intrusion of privacy, and it cannot ill adults and emotionally disturbed be allowed. I’m just hopeful that as we move for- children will go untreated. We need real solutions that aim to ward that we can find the capacity, The American people expect and de- identify, treat or limit access to the find the ability, find the courage to serve more. While Congress debates the evil few who perpetrate these horrible come together to seek out common policies of deficit reduction, our strug- acts. I am unwilling to turn my back ground so we can resolve this seques- gling communities must cope with the on the Constitution and sacrifice the tration matter and move forward sup- consequences of our inaction. While liberty of the people I represent for a porting the economy in the manner politicians argue over tax cuts, our cit- false sense of security. We need real so- that will be the healthiest for the ies and towns—rural and urban—be- lutions; and despite our disagreements, greatest number of Americans possible. come less secure. Our children’s futures there are opportunities to work to- I’m pleased today that we’ve been become less secure. Our children are gether. joined by several distinguished mem- important. As I mentioned earlier, blaming a bers of the Congressional Black Cau- We could talk all night about how gun for violence is to blame a pen for a cus, including the chairperson of the and why we got here, but many of you misspelled word. If we can come to- CBC, to whom I yield as much time as at home, our constituents, only want gether and focus on the real causes of she may consume, the Honorable to know how we’re going to end the se- this violence, then there are opportuni- MARCIA FUDGE, who has been a tremen- quester, escape this fiscal limbo and ties to work together, and I stand dous leader on so many issues on behalf set our Nation back on the right track. ready to work with every Member of of working families and the middle The path to prosperity is built on this Chamber, regardless of party, to class and seniors all across this coun- compromise. As long as House Repub- move this country forward. try. licans insist on the Grover Norquist Mr. Speaker, I yield back the balance Ms. FUDGE. I thank the gentleman cut-only approach to budgetary health, of my time. for yielding. And I certainly do want to Congress will not move forward. Sim- f thank Congressman JEFFRIES for once ply put: A cut-only plan will not work. again leading the Congressional Black A true path forward will be a com- CBC HOUR: THE IMPACT OF Caucus Special Order hour on another promise built upon raising revenues SEQUESTRATION timely and important topic: the impact and targeted cuts. The SPEAKER pro tempore. Under of sequestration. Just last week, this caucus, the Con- the Speaker’s announced policy of Jan- Mr. Speaker, here we are. It is March gressional Black Caucus, delivered a uary 3, 2013, the gentleman from New 4, and the Congress and the administra- plan to House leadership on how to re- York (Mr. JEFFRIES) is recognized for tion are still mired in political grid- sponsibly replace the sequester. The 60 minutes as the designee of the mi- lock with no resolution on how to CBC budget replaces the sequester with nority leader. avoid the across-the-board cuts, de- commonsense cuts and revenue options GENERAL LEAVE structive as they may be, and that don’t make the rich richer and the Mr. JEFFRIES. Mr. Speaker, I ask untargeted sequestration cuts. How ir- poor poorer. unanimous consent that all Members responsible. Mr. Speaker, this constant cycle of be given 5 legislative days to revise and Many communities around the coun- fiscal calamities and cliffs is bad for extend their remarks. try are still reeling from the worst eco- the Nation. It’s bad for our economy, The SPEAKER pro tempore. Is there nomic recession since the Great De- and it is bad for our people. We were objection to the request of the gen- pression. Let us not forget that the na- sent to Congress to move America for- tleman from New York? tional black unemployment rate re- ward. Time has run out for games. The

VerDate Mar 15 2010 02:24 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00123 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MR7.029 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H942 CONGRESSIONAL RECORD — HOUSE March 4, 2013 sequester is not a game. It means real Cuts to critical job-creation pro- who were hardest hit by the recession cuts that will affect the lives of real grams such as Build America Bonds are and who have yet to feel any of the people. also on the chopping block. This was economic recovery that has taken Again, I thank the gentleman. created in 2009 and provides incentives place and who are going to now have Mr. JEFFRIES. Thank you, Con- for infrastructure investments through another hit in terms of the safety net gresswoman FUDGE. the Tax Code. and the quality of life. They don’t de- I now yield to the Congresswoman Fourth, Federal budget cuts under serve this. We need to get back to the from the Golden State, Congresswoman sequestration would quickly mean cuts drawing board and do what is right and BARBARA LEE from California. to Federal, State, and local public sec- what is fair. Ms. LEE of California. Let me thank tor jobs which disproportionately em- [From the New York Times, Mar. 3, 2013] you for your tremendous leadership ploy women and African Americans. In AS AUTOMATIC BUDGET CUTS GO INTO EFFECT, and pulling us all together tonight to 2011, employed African Americans com- POOR MAY BE HIT PARTICULARLY HARD talk about this impact of sequestra- prised 20 percent of the Federal, State, (By Annie Lowrey) tion. And I also want to thank our and local public sector workforce, and WASHINGTON.—The $85 billion in automatic chair of the Congressional Black Cau- women were nearly 50 percent more cuts working their way through the federal cus, MARCIA FUDGE, for once again likely than men to work in the public budget spare many programs that aid the sounding the alarm and keeping us on sector. poorest and most vulnerable Americans, in- track. cluding the Children’s Health Insurance Pro- Early child care funding could be cut gram and food stamps. Let me first just start by saying we by more than $900 million, impacting But the sequestration cuts, as they are need to stop the sequestration, and we thousands of children of color who ben- called, still contain billions of dollars in need to create jobs, lift the economy efit from these programs, programs mandatory budget reductions in programs and reduce poverty. that directly help the most vulnerable that help low-income Americans, including The sequester will impact my con- families and children such as, as I said one that gives vouchers for housing to the poor and disabled and another that provides gressional district in my home State of earlier, WIC. They’re threatened by se- California and every single household fortified baby formula to the children of poor questration. women. in America. It will push 750,000 Ameri- Federal education funding cuts will Republican and Democratic lawmakers cans into the unemployment line and disproportionately hurt students of largely resigned themselves to allowing se- slow our entire economy. color. If sequester goes into effect in questration—a policy meant to force them to In my home State, for example, it the way it has been designed, nearly $3 the negotiating table, not to actually reduce will cut 8,200 children from Head Start billion would be cut in educational the deficit—to take wider effect after it started on Friday. That leaves agencies just and shut the door to college for about loans, including cuts to financial aid 9,600 students. Additionally, 600,000 to seven months to carry out their cuts before for students and to programs for our the fiscal year ends on Sept. 30. In many 775,000 eligible low-income women and most vulnerable youth. cases, they will eventually have to deny aid children are going to be denied nutri- Cuts to medical research put patients to eligible needy families. tional assistance because they’re going at risk. The National Institutes of Unless a deal is reached to change the to be cut from the WIC program. Health would lose $1.5 billion in med- course of the cuts, housing programs would Sequestration will impact everyone, ical research funding, meaning fewer be hit particularly hard, with about 125,000 but it will have a particularly harmful individuals and families put at risk of be- research projects would be aimed at coming homeless, the Department of Hous- effect on communities of color who finding treatments and cures for dis- ing and Urban Development estimated. An were hit first and worst by the Great eases such as HIV/AIDS, cancer, and di- additional 100,000 formerly homeless people Recession and have yet to significantly abetes, all of which are among the might be removed from emergency shelters feel the effects of the recovery. leading cause of death for African or other housing arrangements because of Let me just read out 10 reasons which Americans. the cuts, the agency said. were recently highlighted by the Cen- Local administrators are trying to decide ter for American Progress, and why b 1940 how to put the mandatory 5.1 percent budget Since 2010, funding for housing has cuts into effect by the end of September. communities of color and the African Adrianne Todman, the executive director of American community and Latino com- been cut by $2.5 billion, meaning any the District of Columbia Housing Authority, munity particularly should pay atten- additional cuts would significantly said that no person in her program currently tion to sequestration and the impact it hurt low-income families and commu- using a housing voucher or living in a public will have in these communities. nities. Many housing programs, such as facility would be affected or put out on the First, there are going to be deep cuts section 8 housing assistance, provide street. to the long-term unemployed and the vouchers to low-income families for af- But to absorb the cuts, Ms. Todman plans to defer maintenance and leave staff vacan- reduction of benefits will dispropor- fordable housing in the private sector. cies open. She may also not be able to fill tionately affect people of color. Finally, as the Nation continues to open public housing units as tenants vacate Extended Federal unemployment endure a cold winter, programs such as them. And she may stop rolling over housing benefits remain vulnerable under se- the Low Income Home Energy Assist- vouchers to families on the waiting list. questration, and the long-term unem- ance Program, which helps bring down Eventually, she said, she may have to fur- ployed—those out of work and search- the cost of heating for low-income lough employees. ing for a new job for at least 6 households, are critical. ‘‘It’s a shame. It’s more than a shame, it’s despicable,’’ Ms. Todman said, noting that months—could lose almost 10 percent, With that, Mr. Speaker, I would like her agency already lacked enough capacity mind you, 10 percent of their weekly to insert for the RECORD an article to meet the district’s needs. ‘‘These are real jobless benefits if the sequester goes from today’s New York Times, headed: families that we have deemed eligible and into effect. ‘‘As Automatic Budget Cuts Go into are waiting to receive their voucher from Now, 13.8 percent of African Ameri- Effect, Poor May Be Hit Particularly us.’’ cans and 9.7 percent of Latinos are un- Hard.’’ It explains that sequestration In Washington and across the country, employed. Worse than that, 40 percent cuts, as they are called, still contain families and individuals generally need to billions of dollars in mandatory budget have very low incomes to be eligible for fed- of unemployed Asians, 38 percent of Af- eral assistance. Public housing residents in rican Americans and 28 percent of reductions and programs that help low- Washington have an average annual income Latinos have been unemployed for income Americans, including ones that of just $12,911. More than 40 percent are ei- more than 52 weeks. give vouchers for housing for the poor ther children or the elderly, and more than a Secondly, workforce development and the disabled and another that pro- quarter live with a disability. In the voucher programs that are vital to commu- vides fortified baby formula to the program, the annual income is even lower, nities of color such as YouthBuild and children of poor women. just over $10,000 a year, and similarly large Job Corps face significant cuts. So I think we need to really listen to proportions of residents are elderly, disabled or young. YouthBuild is a program that connects the Congressional Black Caucus and ‘‘These people are very, very, very poor,’’ low-income youth to education and understand what this means in terms said Sheila Crowley, the president of the Na- training, and it could be cut about 8 of vulnerable, marginal communities— tional Low Income Housing Coalition, speak- percent communities of color and individuals ing of recipients of federal housing support

VerDate Mar 15 2010 02:24 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00124 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MR7.031 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 4, 2013 CONGRESSIONAL RECORD — HOUSE H943 across the country. ‘‘They don’t have re- ceive automatic federal financing. But it did Since its inception, the program has helped sources to fall back on.’’ not exempt ‘‘discretionary’’ programs, whose states and cities fund thousands of job-cre- In some places, officials have already financing Congress determines in its annual ating infrastructure projects at lower costs started carrying out cuts. For instance, King appropriations process. than traditional tax-exempt municipal County in Washington State, which includes bonds. Build America Bonds could see budget Seattle, stopped issuing new housing vouch- [Feb. 22, 2013] cuts of up to 7.6 percent, however, if seques- ers on Friday. TOP 10 REASONS WHY PEOPLE OF COLOR tration goes through. Build America Bonds ‘‘Sequestration will result in some 600 SHOULD CARE ABOUT SEQUESTRATION benefit all Americans, as more than $106 bil- fewer families in our local communities re- lion of Build America Bonds have been issued (By Sophia Kerby) ceiving crucial rental assistance over the by state and local governments in 49 states next year,’’ Stephen Norman, the executive Thanks to congressional Republicans put- and the District of Columbia since the pro- director of the county housing authority, ting the economy in jeopardy during the gram started. Infrastructure investments said in a statement. ‘‘Because rents are so debt ceiling debacle in the summer of 2011 stimulate employment in sectors that em- high, many of these families may, quite lit- and again in 2012, a package of automatic ploy disproportionately high rates of work- erally, find themselves out on the street.’’ across-the-board spending cuts known as se- ers of color, such as construction and public Members of Congress have indicated that questration is set to go into effect on March transit. they might give agencies more discretion in 1, 2013. Senate Democrats have proposed a 4. Federal budget cuts under sequestration fulfilling the cuts, to help blunt their im- balanced approach to resolve this crisis, urg- would quickly mean cuts to federal, state, pact. But policy experts said that in the case ing congressional Republicans to avoid the and local public-sector jobs, which dispropor- of many low-income programs, budget cuts damaging sequester cuts by accepting a tionately employ women and African Ameri- would necessarily mean fewer people get package of more tax revenue coupled with cans. In 2011 employed African Americans help. targeted spending cuts. But once again Re- comprised 20 percent of the federal, state, ‘‘There’s no loose change in the cushions,’’ publicans are threatening the economy by and local public-sector workforce, and Ms. Crowley said. ‘‘Anything you take out of risking massive and harmful spending cuts women were nearly 50 percent more likely HUD is going to reduce services and cut pro- that will hurt the middle class, damage the than men to work in the public sector. Ac- grams. There’s just no fat there. There economy, kill hundreds of thousands of jobs, cording to the Congressional Budget Office, hasn’t been for a long time.’’ and harm the most economically vulnerable scheduled cuts in federal spending were the Other programs that assist low-income among us. primary driving force behind slow economic families face similarly significant cuts, in- Sequestration will impact all Americans growth projected for this year, meaning cluding one that delivers hot meals to the el- but will have a particularly harmful effect thousands of lost jobs and cuts to federal derly and another that helps pregnant on communities of color, who were hit first contractors. women. Policy experts are particularly con- and worst by the Great Recession and have 5. Early child care funding could be cut by cerned about cuts to the supplemental nutri- yet to significantly feel the effects of the re- more than $900 million, impacting the thou- tion program for women, infants and chil- covery. Our nation’s demographics are sands of children of color who benefit from dren known as WIC, which provides food and changing, and communities of color are the these programs. Such cuts will mean 70,000 baby formula for at-risk families. fastest-growing group of Americans. It is im- children will be kicked out of Head Start, a It is considered one of the most effective portant that we invest now in these commu- federal program that promotes the school social programs in government, reducing nities, as we prepare for our nation’s eco- readiness of children from low-income fami- anemia and increasing birth weights. But up nomic future and upcoming workforce needs. lies from birth through age 5. Sixty percent to 775,000 low-income women and their chil- Our driving focus should be on averting of program participants are children of color. dren might lose access to or be denied that crises that slow our economy and instead, 6. Programs that directly help the most aid because of the mandatory cuts, according promoting policies that help all Americans. vulnerable families and children—such as to calculations by the Center on Budget and Below are the top 10 reasons why commu- the Special Supplemental Nutriton Program Policy Priorities, a nonprofit research group. nities of color should pay attention to se- for Women, Infants, and Children, or WIC— The start of sequestration, a policy never questration and the impact it will have in are threatened by sequestration. WIC serves meant to take effect, has left both sides these communities: as a supplemental food and nutrition pro- seeking cover, with many Democrats drama- 1. Deep cuts to long-term unemployment gram for low-income pregnant, tizing the impact of the cuts and many Re- benefits will disproportionately affect people breastfeeding, and postpartum women and publicans playing them down. of color. Extended federal unemployment for children under age 5. The program could Some Republicans, in fact, have said that benefits remain vulnerable under sequestra- be cut by $543 million—a devastating loss to whatever the effect, the cuts are a necessary tion, and the long-term unemployed—those the more than 450,000 people of color who part of reversing the trend of the govern- out of work and searching for a new job for benefit from its services. ment spending more and taking on more at least six months—could lose almost 10 7. Federal education funding cuts will dis- debt. percent of their weekly jobless benefits if the proportionately hurt students of color. If the ‘‘President Obama proclaimed that the se- sequester cuts go into effect next week. sequester goes into effect, nearly $3 billion quester’s ‘brutal’ and ‘severe’ cuts will ‘evis- These cuts will have a greater impact on would be cut in education alone, including cerate’ America’s domestic spending,’’ Sen- people of color, as 9.7 percent of Latinos and cuts to financial aid for college students and ator Rand Paul, Republican of Kentucky, a staggering 13.8 percent of blacks are unem- to programs for our most vulnerable youth— wrote in a recent article published by Inves- ployed, compared to only 7 percent of whites. English language learners and those attend- tors.com. ‘‘But ‘eviscerate’ is not the adjec- What’s more, in 2011, 40 percent of unem- ing high-poverty, struggling schools—im- tive I would use; in fact, I believe the seques- ployed Asians, 38 percent of unemployed pacting 9.3 million students. Such cuts will ter is a pittance.’’ blacks, and 28 percent of unemployed affect key programs that receive federally The $85 billion in cuts is just a small part Latinos were unemployed for more than 52 funded grants such as Education for Home- of the $3.6 trillion annual budget, but policy weeks. less Children and Youth and federal work experts say that even those cuts that are 2. Workforce development programs that study. The lack of access to financial aid for being applied to programs that do not spe- are vital to communities of color such as people of color will further exacerbate the cifically focus on low-income people and YouthBuild and Job Corps face significant student debt rates in these communities. In communities will disproportionately affect cuts. YouthBuild, a program connecting low- the 2007–08 academic year, 81 percent of Afri- them. income youth to education and training, can Americans and 67 percent of Latinos Other cuts might not hit low-income could be cut by about 8 percent under seques- with a bachelor’s degree graduated with stu- Americans specifically, but their impact tration. Coupled with previous federal appro- dent debt, compared to 64 percent of their could affect vulnerable families dispropor- priation cuts in fiscal year 2011 by 37 per- white peers. Cutting access to these vital fi- tionately. Those include cuts to programs cent, the program could see about one-third nancial aid programs will curtail the higher that aid children with special needs; job- of its federal funding cut between fiscal year education aspirations of tens of thousands of training programs that help unemployed 2010 and fiscal year 2013. In 2010, 54 percent of students of color. people find a new career; foreclosure preven- YouthBuild participants were African Amer- 8. Cuts to critical medical research put pa- tion services; and programs that help 150,000 ican and 20 percent were Latino. Job Corps, tients at risk. The National Institutes of veterans every year make the transition into an education and training program geared Health would lose $1.5 billion in medical re- the nonmilitary work force. toward young adults, faces about $83 million search funding, meaning fewer research They also include a reduction in jobless in cuts in FY 2013 under sequestration. In projects would be aimed at finding treat- benefits for the long-term unemployed. 2011, 72 percent of Job Corps participants ments and cures for diseases such as cancer Those out of work for more than six months were people of color. and diabetes—both of which are among the could see their checks shrink by as much as 3. Cuts to critical job-creating programs leading causes of death for African Ameri- 11 percent. such as the Build America Bonds program cans. The Budget Control Act, a 2011 law that are also on the chopping block. Build Amer- 9. Since 2010 funding for housing has been created the automatic cuts, exempted ‘‘man- ica Bonds, which were created in the 2009 cut by $2.5 billion, meaning any additional datory’’ spending programs that aid low-in- stimulus bill, provides incentives for infra- cuts would significantly hurt low-income come Americans, like Medicaid, which re- structure investments through the tax code. families and communities. Many housing

VerDate Mar 15 2010 03:04 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00125 Fmt 7634 Sfmt 0634 E:\CR\FM\A04MR7.018 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H944 CONGRESSIONAL RECORD — HOUSE March 4, 2013 programs such as Section 8 Housing Assist- We now face the drastic cuts of se- 2009, which was prior to their efforts to ance provide vouchers to low-income fami- questration because the Republican cut, and it has been falling ever since. lies for affordable housing in the private leadership in Congress refuses to adopt Our economy, though sluggish, is ex- market. In 2011 Section 8 aided more than 2 million low-income families across the coun- a balanced approach to our Nation’s periencing record growth. Now is not try. Data from 2008 indicate that 44 percent deficit and debt. Instead, they push the time for arbitrary cuts. Now is the and 23 percent of public housing recipients drastic measures that would only fur- time to end the shameful attack on the are African American and Latino, respec- ther depress this economy. The fact is middle class and the hardworking tively. that it is impossible to reduce Federal Americans. Pass a balanced approach. 10. As the nation continues to endure a debts without a healthy economy, and We are waiting for leadership in this cold winter, programs such as the Low-In- a healthy economy will not develop as area. come Home Energy Assistance Program, or LIHEAP, which helps bring down the cost of a result of sporadic cuts but, rather, as Mr. JEFFRIES. I want to thank the heating for low-income households, are cru- a result of increased revenue, in part gentleman from New Jersey for point- cial. The Low-Income Home Energy Assist- by an increased volume of working peo- ing several things out, but particularly ance Program, which helped about 23 million ple who earn income and pay taxes. for making it clear that we have al- low-income people pay their winter heat This is common sense; yet the seques- ready made significant progress under bills, is in jeopardy of being cut in FY 2013. ter and everything the Republican this administration, in partnership Low-income communities, which tend to dis- leadership has proposed undermines with this side of the aisle, as we have proportionately comprise of people of color, the current and future workforce, and depend on such programs to make ends meet attempted to move forward over the during these tough economic times. it disproportionately harms low-in- last several years as it relates to def- In order to avoid significant damage to the come families and individuals. icit reduction. I believe that we’ve cut U.S. economy—and particularly to commu- At a time of great need for a skilled approximately $2.5 trillion—done—as it nities of color across the country—congres- workforce, the sequester would cut relates to deficit reduction. While cer- sional Republicans should agree to a bal- workforce development programs and tainly we’re open to trying to figure anced package to replace the sequester and assistance for college students. As it out how to move forward in the best its damaging cuts. was stated, YouthBuild and Job Corps possible way as it relates to the econ- Mr. JEFFRIES. Thank you, Con- are key workforce development pro- omy, an $85 billion shock to the system gresswoman LEE. grams that provide pathways to em- over the next several months and ap- The economic recovery, as you point- ployment for low-income youth. These proximately $1 trillion over the next 10 ed out, is still in an extremely fragile programs already experienced a 37 per- years is harmful as it relates to the state. Many of those most vulnerable cent cut in fiscal year 2011, but they ability to move the economy forward. Americans who were adversely im- will face additional cuts under seques- We are thankful that we have been pacted by the recession still have not tration. TRIO programs are key Fed- joined by the distinguished gentlelady been made whole in any way, shape, or eral supports for first-generation col- form. Sequestration is an $85 billion from the Virgin Islands, Congress- lege students to prepare them to at- shock to the system. It may begin as a woman DONNA CHRISTENSEN. tend and complete college. These pro- slow burn, but it is going to sear over b 1950 grams serve nearly 800,000 students, time. It is going to hurt our most vul- and they will face cuts of almost $43 Mrs. CHRISTENSEN. I thank you for nerable Americans, as has been de- million under sequestration. yielding, and I thank you for hosting tailed in congressional district after In New Jersey, my home State, this Special Order and for coming to congressional district after congres- around 1,480 fewer low-income students the floor on many evenings to speak to sional district all across this country. will receive financial aid for college, the American people and make sure It is irresponsible for us to even have and nearly 650 fewer students will re- that they understand what is at stake allowed it to get to this point, which is ceive work-study jobs. Approximately here. why we are advocating for everyone to 15,000 students will be impacted by the I am somewhat ashamed to come come to the table to find common back to work this week because the se- ground. This is a democracy, not a dic- cuts in education, and around 1,300 quester wasn’t avoided, and the failure tatorship. Because we are in a divided children will be removed from Head of Congress to work together and take government, it is unreasonable to sim- Start. Nationally, approximately 9 mil- action has put so many important pro- ply say ‘‘no revenues.’’ So as a result of lion students will be impacted due to grams that our fellow Americans rely this hardened position, we find our- cuts in education, and nearly 70,000 on, so many jobs, and the early recov- selves in the midst of this sequestra- children will be removed from the Head ery from the recent recession at risk. tion. Start program. We’ve been joined by the distin- Further, under sequestration, the se- Our Democratic leaders said before guished gentleman from New Jersey, curity of children and their families the President’s Day recess and again at my good friend, Congressman Donald will also be impacted. Research shows the end of last week that we should not Payne, to whom I yield the floor. that the Special Supplemental Nutri- go home without fixing the sequester; Mr. PAYNE. Mr. Speaker, I want to tion Program for Women, Infants, and and yet the Republican leadership, thank my good friends and colleagues— Children—WIC—improves birth out- which sets the schedule, did not enable Congressman HORSFORD from Nevada comes, reduces child anemia and im- us to stay here and work together to and Congressman JEFFRIES from New proves the participants’ nutrition and prevent the cuts that everyone knows York, across the water from me—for health. It is widely regarded as one of will hurt our country. once again anchoring this Special the most effective social programs; yet So under the Republican leadership— Order for the CBC on the impact of se- under sequestration this program will or lack of it—the Federal budget, questration. be forced to cut an estimated 600,000 to which affects government workers, I came to Washington to work—to 775,000 women and children. This is contracts, and programs in every de- serve the hardworking families and in- devastating. partment, will have an across-the- dividuals in my district who have been These cuts are unnecessary and coun- board ax taken to them. I think that disproportionately impacted by this terproductive. Democrats have offered we are smart enough that if the will economy. I came to Washington to spur commonsense solutions time and time was there, we would come together and growth and development for the sake of again to our deficit issue, including the reason to a far better approach than this country’s economic future. Unfor- latest alternative to sequestration— this blunt instrument that’s now being tunately, my colleagues on the other H.R. 699. Unfortunately, the Repub- applied. side oppose any effort that would sup- lican leadership prefers manufacturing It makes one wonder: what are our port this mission. Sadly, the only problems and not offering real solu- priorities? If we look at where the cuts growth and development that the Re- tions. The Republican leadership will hurt the most, it does not tell a publican leadership has spurred has claims that their actions are in the proud story—education and job train- been the development of lies and the name of our Nation’s future and aus- ing, Head Start, special education, growth of fear among the American terity for our children; but our Na- health and programs like WIC that sup- people. tion’s deficit peaked at $1.4 trillion in port the health of mothers and babies,

VerDate Mar 15 2010 02:24 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00126 Fmt 7634 Sfmt 0634 E:\CR\FM\A04MR7.019 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 4, 2013 CONGRESSIONAL RECORD — HOUSE H945 mental health and substance abuse pro- so we know it can be done. And we also this event. It is so good to see young grams when we have seen so vividly know that the cuts the sequester would and talented individuals come to the and painful how much these programs impose will cost this country more in Congress, building upon the experi- are needed, health care, law enforce- the long run. ences that they’ve had in their city, ment and homeland security, defense, So where is the gain? We have been State, and local governments, and it’s housing, jobs and the economy, which advised time and time again that the a pleasure to be here. is now struggling to recover. cuts in the sequester are the worst You know, I’ve been told that you And as often happens, people of color thing that we can do at this time; and can measure the humaneness of a soci- are disproportionately impacted. Afri- although no one wants to talk about it, ety by how well it treats its old, how can Americans are more likely to work what we really need is another stim- well it treats its young, and how well it in the public sector where the jobs are ulus. treats those who have difficulty caring going to be cut. We already have the Last week the Fed Chairman, Ben for themselves. I was just thinking highest unemployment and will be se- Bernanke, strongly advised: that should the sequestration deal hold verely hurt by the reduction in unem- Congress and the administration should through the end of the fiscal year, be- ployment benefits. The YouthBuild and consider replacing the sharp, front-loaded tween 600,000 and 750,000 low-income Job Corps programs that were spoken spending cuts required by the sequestration women, infants, and children will be about earlier, over 70 percent of the with policies that reduce the Federal deficit turned away. This would be not only unfortunate, young people in those programs are Af- more gradually in the near term and more but it would be a tremendous change in rican American and Latino, and those substantially in the longer run. what precedence has been because tra- programs will be cut. That’s what all reputable economists ditionally, dating back to 1997, both The TRIO programs, which have al- have been saying. We need to call off parties have made it a point of trying ready been cut, caused the Virgin Is- the sequestration before irrevocable to make sure that this population lands’ only Upward Bound program to harm is done and replace it with a sen- group did in fact have an opportunity be lost. They need to be more fully sible approach that recognizes and counts the savings that we have al- to participate in the Women, Infants, funded; but they, too, will suffer. And and Children program and that low-in- many low-income students will not ready put in place, that does not stifle the growth that we need and still re- come pregnant women, infants, and have the benefit of their support to children, the most vulnerable members enter and complete college. duces the deficit in the long run. The American people are tired of the of our society, would be able to have I want to focus on how it will affect the basic necessities of life. gridlock up here. They want us to work my district, the U.S. Virgin Islands. We And it was amazing to me this week- stand to lose $13 million in Federal together. They also, in their vote in end, as I watched a little bit of tele- funding. The territories already do not November, said very clearly that they vision on Sunday morning, on the tra- participate in all of the Federal pro- support the President’s approach and ditional Sunday talk shows, and how grams that the States do, and many agenda. As the African Kikuyu proverb different Representatives were charac- programs are capped regardless of need says: When the elephants fight, it is terizing this action as: not as bad as or what would have been the eligibility the grass that suffers. some people thought it was going to be; in the States. My constituents are hurting, as I it’s not going to affect as many people Already, over the past 2 years, the know all of yours are. The sequester as it seems; our country has not fallen Virgin Islands Government has had to only adds more pain and suffering and into Lake Michigan. cut salaries 8 percent and laid off about does nothing to reduce spending, be- Well, I can tell you, if you are a 500 government workers. The abrupt cause more spending will have to be young, pregnant mother with no closing of the HOVENSA oil refinery done to clean up the mess the sequester money, no place to go, and you rely has cost 200 direct jobs and many more will leave later on. Let’s call it off and upon the Women, Infants, and Children indirect ones. So that $13 million does let’s pass a responsible and fair budget program to try to make sure that you not tell the full impact, nor does it in- for the rest of the year. produce a healthy baby who just comes clude the impact of possible layoffs, It’s time for the Republican leader- into the world with a chance to make furloughs, or other reductions of the ship to work with our President, the it and who, without these services, close to 800 Federal employees in the President of the United States, Barack may come into life already disadvan- territory. Obama. Together, we can do better for taged, already behind. If we just look at WIC, Meals on our country and for those who send us b 2000 Wheels, special ed, Head Start and HIV/ here to represent them. We must do AIDS, which serve almost 10 percent of better. And so I don’t know how we can actu- our population of 106,405, a cut of any Mr. JEFFRIES. Congresswoman ally do this with a good conscience. But, also, I can’t imagine what it is size will have a major impact on some CHRISTENSEN, thank you very much. that we’re thinking. How do you cut, of the most vulnerable in any society. I think it’s important to emphasize a Unemployment is over 17 percent in point that you just made as it relates cut, cut jobs and opportunities for peo- ple to work and expect to raise a re- St. Croix, the island on which I live to what we should be doing to jump- cessed economy? start the economy. We should be in- and where the HOVENSA refinery was I’ve always been led to believe that operating. The cuts in unemployment vesting in the American economy, at- you’ve got to have the exchange of benefits will definitely be felt. All of tempting to grow it so we can create goods and services. You’ve got to keep these cuts hurt individuals and fami- prosperity for the greatest number of money flowing in an economy, in a so- lies, but like everywhere else, they people possible, not using sequestra- ciety, to move it beyond the bottom up have ripple effects across the entire tion, which is a blunt instrument, to towards the top. community. beat the economy and give it a pound- And so, in the recessed state that The American people expect better ing when it is already is in an ex- we’re in, we need to be producing jobs, from us. They expect us to lead and to tremely fragile state. creating work opportunity, not fur- govern, to be responsive to their needs We know that objective economists loughing, laying people off, having and to help the less fortunate. This have said that sequestration will have them wonder what they’re going to be 113th Congress thus far has not lived up an impact of 750,000 lost jobs. We can’t able to do. I think it’s the wrong ap- to their expectations. The Congres- afford that at this moment. We urge proach. I think it’s not a good way to sional Black Caucus, as it always is, is our colleagues to come back to the ne- manage our resources, and I think it’s prepared and poised to lead. We will gotiating table. not a good message that we’re sending soon be releasing our budget, which I’m pleased that we’ve been joined by to the American people. raises revenues, makes strategic in- the distinguished gentleman from Illi- So, sir, I want to thank you, again, vestments that strengthen our coun- nois, Congressman DANNY DAVIS. for the opportunity to participate with try, and still would reduce the deficit Mr. DANNY K. DAVIS of Illinois. you and other members of the Congres- over the next 10 years, more than any Madam Speaker, I want to thank the sional Black Caucus as we raise aware- other budget that we’ve seen proposed, gentleman for his leadership in hosting ness that, with this sequestration deal,

VerDate Mar 15 2010 02:24 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00127 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MR7.035 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H946 CONGRESSIONAL RECORD — HOUSE March 4, 2013 our country is headed in the wrong di- Now, if we let the sequester continue, wrong places to cut, and everyone rection. our economic recovery will be thrown knows it on both sides of the aisle, in Mr. JEFFRIES. Thank you, Con- in reverse. both Chambers of this Congress. gressman DAVIS, for your leadership A study by George Mason University b 2010 and for your eloquence in laying out, in projects a loss of 2.14 million American a very clear, concise, and articulate jobs if we fail to act. Half of those jobs Now, some of these cuts won’t heal. fashion, the problems with sequestra- will come from small businesses, busi- And as Mrs. Marian Wright Edelman of tion that we are forced now to confront nesses that are the engines of our econ- the Children’s Defense Fund has aptly here in America as a result of the irre- omy. Perhaps most unfair, as part of noted, we better be careful what we cut sponsibility of some in this Chamber. the sequester, our schools and our stu- because some cuts don’t heal. We don’t I’m pleased that we’ve been joined by dents will be hurt. get a second chance at Head Start. We my distinguished co-anchor, the gen- Now, a couple of weeks ago, I voted, don’t get a second chance once our kids tleman from Nevada, the Silver State, along with many of my colleagues, to have moved on to the next grade, with STEVEN HORSFORD. I now yield to Rep- not adjourn this body, to stay here or without the schools that they need. resentative HORSFORD. throughout the so-called District Work We don’t get a second chance at the Mr. HORSFORD. Thank you, Madam Week to work with my colleagues whole formative experience of edu- Speaker. To my good friend and col- across the aisle to try to come up with cation that so heavily influences the league, Representative JEFFRIES, a balanced solution to avoid these dev- paths of our lives. thank you for co-anchoring this special astating cuts. But the leadership, the Opportunities are just that. They’re hour, and to all of my colleagues who Republican leadership, decided to ad- there for a moment, and they disappear joined us tonight to discuss the impact journ. if you don’t act. There is no reset but- of the sequester. And so, instead of spending time with ton for your education. Once our chil- You know, far too often, talk of the our families, we went out and met with dren are in those classrooms, we set so-called sequester ignores the very our constituents to listen to them them on a track for success or failure. real people who feel the pain of unfair about what these cuts mean in their We tip the scales for or against them in cuts. Our job, as Representatives, is to everyday lives. So let me talk to you the moment that they walk through be the voice of our constituents. Well, about what this means in my home the front doors of the schoolhouse. tonight, I hope that we can have a State of Nevada. We ask our students to study hard, frank discussion about what these cuts Nearly 300 Nevada children will lose meet deadlines and do their homework. really mean to all of our communities. Head Start and early Head Start serv- That’s their end of the bargain. We, as My colleagues talked about the ices. These are programs that provide parents, are asked to be involved, to 750,000 to 1 million job losses that could critical early education programs. At a foster our children’s growth and to pay result as a result of the sequester. Any time when we talk about wanting to attention to their needs. As Members day, Congress can pass a reasonable, close the academic achievement gap of Congress, our end of the bargain is balanced deficit reduction solution to and allowing every child to start to make sure that our children’s avert these devastating, across-the- school ready to learn on day one, these schools are well-funded institutions of board cuts. That’s what the American impacts would deny services to 300 Ne- learning. people are asking for, in fact. vada children. In fact, I already have Well, if anyone is grading Congress According to a USA Today/Pew Re- 400 children who are on the waiting list right now, we’re not doing our job, search poll, three out of four Ameri- for one of my Head Start providers, and Madam Speaker. We even gave our- cans surveyed said that Congress families can’t even get in to be served. selves a 2-month extension, but we should focus on a balanced approach to Primary and secondary education in missed our deadline and let cuts go the deficit, with a combination of Nevada would be cut by $9 million, put- into effect that Members from both spending cuts, strategic spending cuts, ting around 120 teacher and teacher parties have described as dumb, avoid- and additional revenue. aide jobs at risk. Funding for title I able, and painful. Congress didn’t make Now, I know here in Washington, schools would be slashed. sometimes the focus is more on scoring One particular elementary school the grade. political points, or seeing who can win that I visited, Matt Kelly Elementary When it comes to fixing the deficit, the blame game. Well, Madam Speaker, School, over 50 percent of their alloca- you have to be careful what you cut. As the American people are watching, and tion from the school district is title I I said, according to the Children’s De- they are fed up with the broken ways funding. How is that school supposed to fense Fund, eliminating early edu- of Washington. They came out and maintain the services that they’re pro- cation investments now would increase they voted in November, and they sent viding to these young and deserving a child’s chances of going to prison a very clear message to all of us here in children? later by up to 39 percent. Paying for Congress that it is time for us to work Services like nutrition programs, that prison will cost nearly three times together to put partisanship aside and full-day kindergarten, a parent center more a year than it would have cost to to put our Nation first. so that we can actually have parental provide them with a quality early So, if all parties would come to the involvement in our schools, that is learning experience. table, like we are supposed to, we can what is under attack with these mind- Simply put, our kids are being short- minimize the impact of the sequester less, across-the-board cuts. changed by adults here in Washington. on working families like mine in Con- About 14,000 fewer students would be This is an adult problem, and it’s time gressional District Four. If we do our served, and approximately 10 fewer for adults to be adults and to come into jobs, like the American people are schools in my district would even re- this body and work together and solve rightfully demanding, we can reduce ceive funding under title I. this for our children and their future. our debt in a responsible way and get Disadvantaged and vulnerable chil- Let’s make the right choice—ade- our economy moving again. dren could lose access to child care, quately fund our schools and look out So I call on my colleagues on the which is also essential for working par- for our children. other side of the aisle: Come to the ents. When we talk about helping peo- I thank my colleague for yielding. table, help find a solution, and let’s fix ple get back to work, one of the biggest Mr. JEFFRIES. Thank you, Con- some of these deep cuts that were impediments for many families is hav- gressman HORSFORD. never supposed to happen. I wasn’t part ing access to child care. I think what is important, as it re- of the Congress that enacted the se- Schools and families in my district lates to the moment we find ourselves quester. I know my colleague, Mr. need these programs to provide hungry in right now in America, is that there JEFFRIES, was not either, but we are students the meals that they need to are some who make the argument that here now, and we want to do our jobs focus in class, to fund math and read- the reason why the sequestration cuts on behalf of the constituents who sent ing intervention programs, and to keep perhaps were acceptable is because us here. their teachers employed. we’ve got to do something to deal with This is victory for no one and a hor- We can reduce unnecessary spending, our out-of-control spending problem—I rible loss for the American people. Madam Speaker, but these are the believe that’s the phraseology that is

VerDate Mar 15 2010 02:24 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00128 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MR7.037 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE March 4, 2013 CONGRESSIONAL RECORD — HOUSE H947 often used—that we have here in Amer- we’re not, you lay out a scenario: Well, will be required to cut its operational ica. And certainly when you think it’s because of Social Security that activities by nearly $483 million. As a about the debt number that we have, we’re in this situation. That’s not the consequence, all FAA employees could $16 trillion, it strikes you as an ex- case. Well, it’s because of Medicare and be furloughed for 11 days, meaning as tremely troubling situation. entitlements that we’re in this situa- much as 10 percent of the FAA’s work- And then of course we’ve had debates tion. That’s not the case. Well, it’s be- force of 40,000 would be on furlough on back and forth as it relates to the debt cause of Medicaid, and we have all of any given day. So for those of us who ceiling and suggestions from some in these takers—so-called takers—in our travel, States like ours, yours in New this Chamber that the President’s ef- economy. That’s not the case. York that rely on tourism to fuel our fort to raise the debt ceiling is evi- Two wars, one of which was com- economies, that is going to affect our dence of his willingness to be irrespon- pletely unjustified, the other of which ability to recover. sible as it relates to the economy. it’s not clear whether it was prosecuted On top of that, Nevada will lose funds What’s interesting, of course, is that in the manner it could have been be- for job search assistance to help those the debt ceiling is not a forward-look- cause we were distracted in Iraq; two who are currently looking for work. ing vehicle that’s designed to give the enormous tax cuts that benefited the Nevada could lose upwards of $300,000 administration the ability to spend wealthy and the well off disproportion- in funding for job search assistance, re- more. The debt ceiling is a backward- ately; the collapse of the economy; a ferral and placement, meaning that looking vehicle designed to give Presi- subsequent Wall Street bailout; and 10,000 fewer people will get the help dent Obama at this moment the ability then the need for an economic stimulus that they need for the skills to help to pay for bills that this Congress has package explains why we are where we them find another job. already incurred. are right now. So these are the dire impacts that we And so when we talk about the no- And so the sequestration is an irra- see, talking to our constituents. These tion that there is a spending problem tional, irresponsible, illegitimate reac- are the real impacts that we believe in America, let’s be accurate with what tion to the reason why we are in this need to be addressed by this Congress really is at issue. And the reality is place. And that’s why, Congressman in a balanced approach. that many of the bills that we’ve al- HORSFORD, we are arguing for a bal- Mr. JEFFRIES. I thank you for high- ready incurred, that Americans are anced approach to our economic re- lighting some of the impacts that are forced to pay for and borrow in order to ality, the one that we confront right going to take place in your district in meet our obligations, these were debts now. Nevada. incurred by the prior administration. I yield to the gentleman from Ne- If I might ask, Madam Speaker, how In fact, this chart illustrates the dy- vada. much time do we have remaining on namic that we find ourselves in as it Mr. HORSFORD. Thank you to my our Special Order? The SPEAKER pro tempore (Mrs. relates to where we really are in Amer- friend and my colleague from New WAGNER). The gentleman has 4 minutes ica and how we got here. Under the York. And as you aptly noted, the his- tory of how we got to this point needs remaining. prior administration of George W. Mr. JEFFRIES. Madam Speaker, I Bush, we had two significant tax cuts to not be lost in this debate. And I know there are some who also want to represent the Eighth Congressional that were not paid for in 2001 and 2003 now talk about the cuts that were District in New York. It was one of the that disproportionately benefited the made in agreement with the adminis- districts that was hardest hit by wealthy and the well off. We had an un- tration last year, along with those ad- Superstorm Sandy that struck on Oc- justified war in Iraq that cost Ameri- ditional revenues which were approved tober 29. cans in lives and in treasure and that in January, as somehow the answer for The people of the Eighth Congres- contributed significantly to the deficit why there needs to be no additional sional District—neighborhoods like and our need to raise and borrow addi- revenue. Canarsie and Coney Island, Sea Gate, tional debt. Brighton Beach, Manhattan Beach, And then, of course, we had the col- b 2020 Mill Basin, folks who are in coastal lapse of the economy. It cost America, That doesn’t take into account the communities along the Atlantic Ocean by some estimates, $22 trillion in lost $85 billion of cuts that are now upon us or who live near the Jamaica Bay—lost wealth, homeownership, and economic under this sequester. their homes, experienced significant productivity. And as a result of the col- I’d like to just hit on three addi- damage, were displaced, lost property lapse of the economy, which took place tional points, if I could. One is the un- that can never be recovered. under the prior administration—many employment impact. They were victimized on October 29, argue they were sleeping at the switch We’re focused on growing the econ- and then this Congress attempted to and allowed some in Wall Street to en- omy, putting people back to work. In come together to provide swift and im- gage in reckless behavior—we were my home State of Nevada, we still have mediate relief—as is our responsibility forced to bail out some of the largest an unemployment rate above the na- to do when Americans have been hit financial institutions in this country, tional average. While our numbers are with disaster. A $60 billion aid package which added to our financial burden coming down, we don’t need to add was passed in the Senate. Although here in America. And then when the anyone to the unemployment lines. there was a promise for a vote in 2012, administration came in, inherited a Under the sequester, some 750,000 to 1 it didn’t happen. At the 11th hour, it train wreck, in order to stimulate the million Americans will end up losing was yanked because there were some economy we incurred some additional their jobs unless this Congress comes who were arguing—again, in the name financial responsibility. together and finds a solution—a bal- of alleged fiscal responsibility—that we And so when you look at this chart, anced approach, as you indicate. should be considering offsets. Ameri- you can see what the projected debt is In Nevada, that’s 10,000 lost jobs. And cans in need, desperate, but we should as a result of things that occurred in of those jobs, the main areas that will be considering offsets, unprecedented the prior administration as a propor- be affected are the civilian positions at in the history of America’s response to tion of GDP. This is a dangerously high our Air Force bases—Nellis Air Force a tragedy. number. But we are at this point where Base, Creech Air Force Base, and the Then, thankfully, in January, we the debt has increased relative to our Hawthorn Army Depot. It’s estimated came together. Common sense pre- GDP because of things that happened that some 1,400 furloughs will occur to vailed and we were able to pass that ro- in the prior administration. And, in civilian jobs, amounting to $11 million bust $60 billion package. But now we’ve fact, if you look at the bottom of the in lost wages. These aren’t just lost victimized those who were impacted by chart, you see what the debt would be, wages to these individuals and their Superstorm Sandy in a district that I much lower, as a proportion of GDP, families; it’s $11 million less of eco- represent—and others in New York and had those things not occurred. nomic recovery that we so desperately New Jersey and Connecticut—for a So when you talk about the need to need. third time because in this sequestra- get spending under control, let’s be in- Then when you talk about our tour- tion, $2.5 billion in superstorm aid re- tellectually honest. Because when ism and the impact to travel, the FAA lief has been cut.

VerDate Mar 15 2010 02:24 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00129 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MR7.039 H04MRPT1 jbell on DSK7SPTVN1PROD with HOUSE H948 CONGRESSIONAL RECORD — HOUSE March 4, 2013 That’s just one of the examples of and compromising our children’s education. In tion of Fukushima Near-Term Task Force how sequestration will impact folks in Texas alone, approximately 52,000 civilian De- Recommendation 2.1: Seismic received Feb- my congressional district and all partment of Defense employees would be fur- ruary 26, 2013, pursuant to 5 U.S.C. across the country, which is why we’ve 801(a)(1)(A); to the Committee on Energy and loughed, reducing gross pay by around $274.8 Commerce. been arguing for a balanced response. million in total. These are not just numbers. 568. A letter from the Acting Assistant The other thing that I’d note: I was Madam Speaker. These are mothers and fa- Secretary, Legislative Affairs, Department in Brooklyn a few days ago and had a thers trying to provide for their families. of State, transmitting Transmittal No. meeting with public housing leaders. Under sequestration, 9,730 fewer children in DDTC 13-020, pursuant to the reporting re- The New York City Public Housing Au- Texas will receive vaccines, and our state will quirements of Section 36(c) of the Arms Ex- thority, which presides over public lose approximately $3,557,000 to help provide port Control Act; to the Committee on For- housing units in New York City—the meals for seniors. Texas will also lose ap- eign Affairs. largest such public authority related to 569. A letter from the Acting Assistant proximately $2,402,000 to help respond to Secretary, Legislative Affairs, Department public housing in the country—will ex- public health threats including infectious dis- of State, transmitting Transmittal No. perience a $190 million cut as a result eases and natural disasters. DDTC 13-010, pursuant to the reporting re- of sequestration. There are already Madam Speaker, we must confront our fed- quirements of Section 36(c) of the Arms Ex- residents of public housing in my dis- eral debt and deficit, but we must do so in a port Control Act; to the Committee on For- trict and all across the city of New balanced approach that does not further harm eign Affairs. York dealing with inhumane condi- our weakened economy. Deficit reduction 570. A letter from the Acting Assistant tions right now—mold infestation, bro- must be comprised by both decreased spend- Secretary, Legislative Affairs, Department ken elevators, rat infestation, the in- of State, transmitting Transmittal No. ing and enhanced revenue measures. I im- DDTC 13-001, pursuant to the reporting re- ability to get repairs done on a timely plore the House leadership and the Repub- quirements of Section 36(c) of the Arms Ex- basis, violence at levels that should not lican Members of Congress to come back to port Control Act; to the Committee on For- be tolerated. And instead of cutting al- the table and get back to work. eign Affairs. most $200 million from the Public f 571. A letter from the Acting Assistant Housing Authority in New York, we Secretary, Legislative Affairs, Department should be investing more. LEAVE OF ABSENCE of State, transmitting Transmittal No. Madam Speaker, we’re hopeful that By unanimous consent, leave of ab- DDTC 13-021, pursuant to the reporting re- we can arrive at a place where common sence was granted to: quirements of Section 36(c) of the Arms Ex- sense will prevail and we can move for- port Control Act; to the Committee on For- Mr. HONDA (at the request of Ms. eign Affairs. ward to keep America moving forward PELOSI) for today on account of a death 572. A letter from the Assistant Secretary in a reasonable way. in the family. of the Army, Civil Works, Department of De- I yield to my colleague from Nevada Mr. YOUNG of Alaska (at the request fense, transmitting the Engineering Docu- to close. of Mr. CANTOR) for February 25 through mentation Report for the Flood Damage Re- Mr. HORSFORD. I just want to add March 7 on account of medical reasons. duction Project for the Roseau River; (H. that this debate begins and ends with Mr. CULBERSON (at the request of Mr. Doc. No. 113—13); to the Committee on Transportation and Infrastructure and or- the American people. We want to hear CANTOR) for today on account of ill- dered to be printed. and listen to their views. We want you ness. to know that you can go to # Be Care- 573. A letter from the Chief, Publications f and Regulations Branch, Internal Revenue ful What You Cut and tell us the im- Service, transmitting the Service’s final rule pacts that you are seeing with this se- SENATE ENROLLED BILL SIGNED — Changes in accounting periods and meth- quester and how it is affecting you. The Speaker announced his signature ods of accounting (Rev. Proc. 2013-20) re- That way we can share those opinions to an enrolled bill of the Senate of the ceived February 20, 2013, pursuant to 5 U.S.C. and views with our colleagues to hope- following title: 801(a)(1)(A); to the Committee on Ways and fully convince them that a balanced Means. S. 47. An act to reauthorize the Violence 574. A letter from the Chief, Publications approach, working across party lines, Against Women Act of 1994. both Chambers, the Senate and the and Regulations, Internal Revenue Service, f transmitting the Service’s final rule — Ap- House, coming together for the good of plicable Federal Rates — March 2013 (Rev. the American people is what we des- ADJOURNMENT Rul. 2013-7) received February 20, 2013, pursu- perately need at this time. Mr. JEFFRIES. Madam Speaker, I ant to 5 U.S.C. 801(a)(1)(A); to the Committee Madam Speaker, thank you for al- move that the House do now adjourn. on Ways and Means. lowing us to speak this evening and for The motion was agreed to; accord- 575. A letter from the Chief, Publications and Regulations Branch, Internal Revenue the American people allowing us to be ingly (at 8 o’clock and 28 minutes their voice in this representative gov- Service, transmitting the Service’s final rule p.m.), under its previous order, the — Update of List of Plants, Grown in Com- ernment. House adjourned until tomorrow, Tues- Mr. JEFFRIES. Madam Speaker, I mercial Quantities in the United States, day, March 5, 2013, at 10 a.m. for morn- Having a Preproductive Period in Excess of yield back the balance of my time. ing-hour debate. Two Years Based on the Nationwide Weight- Ms. EDDIE BERNICE JOHNSON of Texas. ed Average Preproductive Period for Such f Madam Speaker, when the Congress ad- Plant [Notice 2013-8] received February 20, journed last week, it did so without addressing EXECUTIVE COMMUNICATIONS, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the the drastic spending cuts known as sequester. ETC. Committee on Ways and Means. Now the March 1st deadline has passed, still Under clause 2 of rule XIV, executive f with no action. Without the attention of Con- communications were taken from the gress, these cuts will wreak havoc on our frag- PUBLIC BILLS AND RESOLUTIONS Speaker’s table and referred as follows: ile economy and jeopardize the safety and se- Under clause 2 of rule XII, public curity of families in this country. House and 566. A letter from the Program Manager, bills and resolutions of the following Department of Health and Human Services, Senate Democrats have both offered reason- transmitting the Department’s ‘‘Major’’ titles were introduced and severally re- able, balanced plans to avert these damaging final rule — Patient Protection and Afford- ferred, as follows: cuts, but the GOP has refused to work to- able Care Act; Standards Related to Essen- By Mr. ROGERS of Kentucky: wards a bipartisan plan to reduce the deficit. tial Health Benefits, Actuarial Value, and H.R. 933. A bill making appropriations for We have had more than a year to reach a bi- Accreditation [CMS-9980-F] (RIN: 0938-AR03) the Department of Defense, the Department partisan agreement, and without an agreement received February 25, 2013, pursuant to 5 of Veterans Affairs, and other departments these cuts will be balanced on the backs on U.S.C. 801(a)(1)(A); to the Committee on En- and agencies for the fiscal year ending Sep- our most vulnerable citizens. ergy and Commerce. tember 30, 2013, and for other purposes; to 567. A letter from the Director, Office of the Committee on Appropriations, and in ad- I am specifically concerned about the effects Congressional Affairs, Nuclear Regulatory dition to the Committee on the Budget, for a of sequestration on the 30th District, and the Commission, transmitting the Commission’s period to be subsequently determined by the state of Texas as a whole. Texas will lose ap- ‘‘Major’’ final rule — Seismic Evaluation Speaker, in each case for consideration of proximately $67.8 million for primary and sec- Guidance: Screening, Prioritization and Im- such provisions as fall within the jurisdic- ondary education, putting educators at risk plementation Details (SPID) for the Resolu- tion of the committee concerned.

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By Mr. MCCLINTOCK (for himself, Mr. HARTZLER, Mr. MILLER of Florida, The principal constitutional authority for COSTA, Mr. DENHAM, Mr. NUNES, Mr. Mr. SMITH of New Jersey, Mr. ROS- this legislation is clause 7 of section 9 of ar- VALADAO, Mr. MCCARTHY of Cali- KAM, Mr. PEARCE, and Mrs. ticle I of the Constitution of the United fornia, and Mr. LAMALFA): WALORSKI): States (the appropriation power), which H.R. 934. A bill to amend the Wild and Sce- H.R. 940. A bill to amend the Patient Pro- states: ‘‘No Money shall be drawn from the nic Rivers Act related to a segment of the tection and Affordable Care Act to protect Treasury, but in Consequence of Appropria- Lower Merced River in California, and for rights of conscience with regard to require- tions made by Law . . . .’’ In addition, clause other purposes; to the Committee on Natural ments for coverage of specific items and 1 of section 8 of article I of the Constitution Resources. services, to amend the Public Health Service (the spending power) provides: ‘‘The Con- By Mr. GIBBS (for himself, Mr. AUSTIN Act to prohibit certain abortion-related dis- gress shall have the Power . . . to pay the SCOTT of Georgia, Mr. SCHRADER, and crimination in governmental activities, and Debts and provide for the common Defence Mr. MCINTYRE): for other purposes; to the Committee on En- and general Welfare of the United States H.R. 935. A bill to amend the Federal Insec- ergy and Commerce, and in addition to the . . . .’’ Together, these specific constitu- ticide, Fungicide, and Rodenticide Act and Committee on Ways and Means, for a period tional provisions establish the congressional the Federal Water Pollution Control Act to to be subsequently determined by the Speak- power of the purse, granting Congress the clarify Congressional intent regarding the er, in each case for consideration of such pro- authority to appropriate funds, to determine regulation of the use of pesticides in or near visions as fall within the jurisdiction of the their purpose, amount, and period of avail- navigable waters, and for other purposes; to committee concerned. ability, and to set forth terms and conditions the Committee on Transportation and Infra- By Mr. CAPUANO: governing their use. structure, and in addition to the Committee H.R. 941. A bill to ensure that any author- By Mr. MCCLINTOCK: on Agriculture, for a period to be subse- ity of the Mutual Mortgage Insurance Fund H.R. 934. quently determined by the Speaker, in each to borrow amounts from the Treasury is used Congress has the power to enact this legis- case for consideration of such provisions as only to pay mortgage insurance claims; to lation pursuant to the following: fall within the jurisdiction of the committee the Committee on Financial Services. Article IV, Section 3, N, Clause 2, which concerned. By Mr. CROWLEY (for himself and Mr. confers on Congress the power to make all By Mr. MATHESON (for himself and SENSENBRENNER): needful Rules and Regulations respecting the Mr. DENT): H.R. 942. A bill to amend title XVIII of the Territory or other Property belonging to the H.R. 936. A bill to amend the Help America Social Security Act to provide for coverage United States. Vote Act of 2002 to eliminate straight-party and payment for complex rehabilitation By Mr. GIBBS: voting from any voting system used for Fed- technology items under the Medicare pro- H.R. 935. eral elections; to the Committee on House gram; to the Committee on Energy and Com- Congress has the power to enact this legis- Administration. merce, and in addition to the Committee on lation pursuant to the following: By Mr. PRICE of North Carolina (for Ways and Means, for a period to be subse- Pursuant to clause 3(d)(1) of Rule XIII of himself and Mr. COBLE): quently determined by the Speaker, in each the Rules of the House of Representatives, H.R. 937. A bill to support innovation and case for consideration of such provisions as the Committee finds the Constitutional au- research in the United States textile and fall within the jurisdiction of the committee thority for this legislation in Article I, sec- fiber products industry; to the Committee on concerned. tion 8, clause 18, that grants Congress the Science, Space, and Technology, and in addi- By Mr. DUNCAN of Tennessee: power to make all laws necessary and proper tion to the Committees on Ways and Means, H.R. 943. A bill to amend the Federal Crop for carrying out the powers vested by Con- and Foreign Affairs, for a period to be subse- Insurance Act to immediately reduce crop gress in the Constitution of the United quently determined by the Speaker, in each insurance premium subsidy rates from the States or in any department or officer there- case for consideration of such provisions as higher subsidies provided since the Agricul- of. fall within the jurisdiction of the committee tural Risk Protection Act of 2000; to the By Mr. MATHESON: concerned. Committee on Agriculture. H.R. 936. By Ms. ROS-LEHTINEN (for herself By Mr. GARCIA: Congress has the power to enact this legis- and Mr. DEUTCH): H.R. 944. A bill to provide for eligibility for lation pursuant to the following: H.R. 938. A bill to strengthen the strategic relief from removal for certain Venezuelans; This bill is enacted pursuant to Article I, alliance between the United States and to the Committee on the Judiciary. Section 4, Clause 1 of the United States Con- Israel, and for other purposes; to the Com- By Mr. SOUTHERLAND: stitution. mittee on Foreign Affairs, and in addition to H.R. 945. A bill to remove from the John H. By Mr. PRICE of North Carolina: the Committees on the Judiciary, and Chafee Coastal Barrier Resources System the H.R. 937. Science, Space, and Technology, for a period areas included in Indian Peninsula Unit FL- Congress has the power to enact this legis- to be subsequently determined by the Speak- 92 and Cape San Blas Unit P-30 in Florida; to lation pursuant to the following: er, in each case for consideration of such pro- the Committee on Natural Resources. Article I, Section 8, clause 3 of the United visions as fall within the jurisdiction of the By Mr. HOLT: States Constitution, ‘‘to regulate Commerce committee concerned. H. Con. Res. 20. Concurrent resolution per- with foreign Nations, and among the several By Mr. BENTIVOLIO (for himself, Mr. mitting the use of the rotunda of the Capitol States, and with the Indian Tribes.’’ This au- GRIFFIN of Arkansas, Mr. WESTMORE- for a ceremony to award the Congressional thority is consistent with the bill’s goal of LAND, Mr. ROSS, and Mr. YOHO): Gold Medal to Professor Muhamad Yunus; to promoting growth, innovation and research H.R. 939. A bill to suspend the sale, lease, the Committee on House Administration. in the United States textile and fiber prod- transfer, retransfer, or delivery of F-16 air- By Ms. LEE of California (for herself, ucts industry. craft, M1 tanks, and certain other defense ar- Mr. BURGESS, and Mr. VAN HOLLEN): By Ms. ROS-LEHTINEN: ticles or defense services to the Government H. Res. 95. A resolution supporting the H.R. 938. of Egypt; to the Committee on Foreign Af- goals and ideals of Multiple Sclerosis Aware- Congress has the power to enact this legis- fairs. ness Week; to the Committee on Energy and lation pursuant to the following: By Mrs. BLACK (for herself, Mr. FLEM- Commerce. Article I, Section 8 of the Constitution ING, Mr. FORTENBERRY, Mr. DAINES, By Ms. MOORE: By Mr. BENTIVOLIO: Mr. BOUSTANY, Mr. JONES, Mr. CAS- H. Res. 96. A resolution expressing support H.R. 939. SIDY, Mr. ROGERS of Alabama, Mr. for designation of the week of March 3 Congress has the power to enact this legis- NUNNELEE, Mr. LIPINSKI, Mr. through 9, 2013, as ‘‘School Social Work lation pursuant to the following: HULTGREN, Mr. BONNER, Mr. CRAMER, Week’’; to the Committee on Education and Article I, Section 8 of the Constitution Mr. BROUN of Georgia, Mr. JOHNSON the Workforce. To regulate Commerce with foreign Na- of Ohio, Mr. WALBERG, Mr. TIBERI, f tions, and among the several States, and Mr. KELLY, Mr. NEUGEBAUER, Mr. with the Indian Tribes FLORES, Mrs. ELLMERS, Mr. GINGREY CONSTITUTIONAL AUTHORITY By Mrs. BLACK: of Georgia, Mr. POMPEO, Mr. ROE of STATEMENT H.R. 940. Tennessee, Mr. KING of Iowa, Mr. Pursuant to clause 7 of rule XII of Congress has the power to enact this legis- MURPHY of Pennsylvania, Mr. the Rules of the House of Representa- lation pursuant to the following: BENTIVOLIO, Ms. FOXX, Mr. RODNEY tives, the following statements are sub- Fourteenth Amendment, Section 5: All per- DAVIS of Illinois, Mr. WILSON of sons born or naturalized in the United mitted regarding the specific powers South Carolina, Mr. POE of Texas, States, and subject to the jurisdiction there- Mr. FINCHER, Mr. WESTMORELAND, granted to Congress in the Constitu- of, are citizens of the United States and the Mr. GRAVES of Georgia, Mr. BACHUS, tion to enact the accompanying bill or State wherein they reside. No State shall Mr. BARLETTA, Mr. JORDAN, Mrs. joint resolution. make or enforce any law which shall abridge WAGNER, Mr. BENISHEK, Mrs. BLACK- By Mr. ROGERS of Kentucky: the privileges or immunities of citizens of BURN, Mr. WENSTRUP, Mr. H.R. 933. the United States; nor shall any State de- SOUTHERLAND, Mr. SCHWEIKERT, Mr. Congress has the power to enact this legis- prive any person of life, liberty, or property, HUELSKAMP, Mr. HARRIS, Mrs. lation pursuant to the following: without due process of law; nor deny to any

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person within its jurisdiction the equal pro- H.R. 282: Mr. BROUN of Georgia. H.R. 690: Mr. STIVERS. tection of the laws. H.R. 283: Mr. STUTZMAN, Mr. FORBES, Mr. H.R. 693: Mr. FOSTER and Mr. VISCLOSKY. By Mr. CAPUANO: CONAWAY, and Mr. JONES. H.R. 699: Mr. JOHNSON of Georgia. H.R. 941. H.R. 301: Mr. JOHNSON of Ohio. H.R. 705: Mr. WILLIAMS, Mr. GRIFFIN of Ar- Congress has the power to enact this legis- H.R. 309: Mr. BENTIVOLIO, Mrs. LUMMIS, Mr. kansas, and Mr. WESTMORELAND. lation pursuant to the following: CHABOT, Mrs. BLACKBURN, Mr. STUTZMAN, Mr. H.R. 718: Mr. NUNNELEE, Mr. ROSS, Mr. Article I, section 8, clause 1 (relating to CRAMER, Mr. OLSON, and Mr. COLE. LUETKEMEYER, and Mr. GARDNER. the general welfare of the United States); H.R. 311: Mr. NEUGEBAUER, Mr. REED, and H.R. 724: Mr. STIVERS, Mr. BENTIVOLIO, Mr. and Article I, section 8, clause 3 (relating to Mr. GRAVES of Georgia. GUTHRIE, Mr. JONES, and Mr. JOHNSON of the power to regulate interstate commerce). H.R. 324: Mr. REED and Mr. GIBSON. Ohio. By Mr. CROWLEY: H.R. 334: Mr. YOUNG of Florida. H.R. 732: Mr. LUETKEMEYER, Mr. CAMP, Mr. H.R. 942. H.R. 351: Mr. GRIMM and Mr. CARTER. YOUNG of Florida, and Mr. CRAMER. Congress has the power to enact this legis- H.R. 354: Mr. ENYART, Mr. GRIJALVA, Ms. H.R. 738: Mr. JONES. lation pursuant to the following: WATERS, and Mr. MORAN. H.R. 746: Mr. WESTMORELAND, Mr. MCKEON, H.R. 357: Mr. COLLINS of New York. Article I, Section 8 of the U.S. Constitu- and Mr. CRAMER. H.R. 361: Mr. SMITH of Washington. H.R. 751: Mr. ROE of Tennessee. tion H.R. 382: Mr. YOHO and Mr. DUNCAN of H.R. 755: Mr. GALLEGO, Mr. ROHRABACHER, By Mr. DUNCAN of Tennessee: South Carolina. Mr. GIBSON, Mrs. LUMMIS, Mr. DEFAZIO, Mr. H.R. 943. H.R. 401: Mr. CAMP. BENTIVOLIO, Mr. LOBIONDO, Mr. RANGEL, Mr. Congress has the power to enact this legis- H.R. 421: Mr. ANDREWS. DUNCAN of Tennessee, Mr. COLLINS of New lation pursuant to the following: H.R. 437: Mr. LYNCH, Ms. MOORE, Ms. BASS, York, Ms. DEGETTE, Mr. GARAMENDI, Ms. The ability to regulate interstate com- Mr. WAXMAN, Mr. MCDERMOTT, Mr. SMITH of SHEA-PORTER, Mr. REICHERT, Mr. NUGENT, merce pursuant to Article I, Section 8, Washington, and Mr. LANGEVIN. Mr. SIMPSON, Mr. MESSER, Mr. CRAMER, Mr. Clause 3. H.R. 452: Mr. SCHIFF, Ms. LINDA T. SA´ NCHEZ ROSS, Mr. BLUMENAUER, Mr. TURNER, Mr. By Mr. GARCIA: of California, Mr. SARBANES, Ms. HAHN, Mrs. WALZ, Mr. LIPINSKI, Mr. FARR, Mr. CONYERS, H.R. 944. BEATTY, Ms. BONAMICI, Ms. SCHWARTZ, and Mr. WESTMORELAND, Mr. ROSKAM, Mr. OLSON, Congress has the power to enact this legis- Ms. ESTY. and Mr. AMODEI. lation pursuant to the following: H.R. 453: Mr. BOUSTANY. H.R. 762: Mr. ROSS and Mr. OLSON. Article 1, Section 8, Clause 4, which reads: H.R. 454: Mr. DENT, Mr. FITZPATRICK, Mr. H.R. 763: Mr. DENHAM, Mr. YOUNG of Indi- To establish a uniform rule of naturaliza- MEEHAN, and Mr. BARLETTA. ana, Mrs. CAPITO, Mr. GARDNER, Mr. GRIF- tion, and uniform laws on the subject of H.R. 460: Mr. COFFMAN, Mr. YOUNG of Alas- FITH of Virginia, Mr. RODNEY DAVIS of Illi- bankruptcies throughout the United States. ka, Ms. NORTON, Mr. LEWIS, and Ms. MOORE. nois, Mr. WESTMORELAND, Mr. DUFFY, Mr. By Mr. SOUTHERLAND: H.R. 487: Mr. RODNEY DAVIS of Illinois. GUTHRIE, Mr. MCCLINTOCK, Mr. TURNER, Mr. H.R. 945. H.R. 492: Mr. CRAMER. GINGREY of Georgia, Mr. OLSON, Mr. POSEY, Congress has the power to enact this legis- H.R. 494: Mr. MARINO, Ms. DEGETTE, Mr. Mr. GRIFFIN of Arkansas, and Mr. COTTON. lation pursuant to the following: HASTINGS of Florida, Mr. COURTNEY, Mr. H.R. 784: Mr. SWALWELL of California. Article IV, section 3 of the Constitution of FITZPATRICK, Mr. CRENSHAW, Mr. HIGGINS, H.R. 803: Mrs. ROBY and Mr. POE of Texas. the United States grants Congress the au- Mr. WALBERG, Mr. DENT, Ms. MCCOLLUM, H.R. 810: Mr. ENYART and Mr. MCDERMOTT. thority to enact this bill. Mrs. ELLMERS, Mr. LANCE, Mr. DOYLE, Ms. H.R. 813: Mrs. ROBY. The Congress shall have Power to dispose SCHWARTZ, Mr. HANNA, Mr. GIBSON, Mr. H.R. 822: Mr. DUNCAN of Tennessee, Mr. of and make all needful Rules and Regula- AMODEI, Mr. HOLT, Mr. KING of New York, MORAN, Mr. CLAY, Ms. SEWELL of Alabama, tions respecting the Territory or other Prop- Mr. HUIZENGA of Michigan, Mr. JONES, Mr. Mr. CONNOLLY, Mr. MCGOVERN, Mr. TONKO, erty belonging to the United States; and CHABOT, Mr. HONDA, Mr. ROSKAM, Mr. Mr. HIMES, and Ms. MCCOLLUM. nothing in this Constitution shall be so con- GRAVES of Missouri, Mrs. DAVIS of Cali- H.R. 823: Mr. STOCKMAN. strued as to Prejudice any Claims of the fornia, Mr. BENISHEK, Mr. KIND, Mr. MORAN, H.R. 828: Mr. ROSS. United States, or of any particular State. Mr. GARDNER, Mr. LAMBORN, Mr. LIPINSKI, H.R. 833: Mr. RIGELL, Mr. TURNER, Mr. Mr. POLIS, Ms. LINDA T. SA´ NCHEZ of Cali- NUGENT, Mr. WESTMORELAND, Mr. THOMPSON f fornia, and Ms. PINGREE of Maine. of California, Mr. FLEMING, Mr. COOK, Mr. ADDITIONAL SPONSORS H.R. 501: Ms. PINGREE of Maine and Mr. REED, Mr. MCKINLEY, Mr. LAMBORN, Mr. SWALWELL of California. YOHO, Mr. FRANKS of Arizona, and Mr. COLE. Under clause 7 of rule XII, sponsors H.R. 503: Mr. DEFAZIO. H.R. 847: Mr. PETERS of Michigan, Ms. were added to public bills and resolu- H.R. 519: Mr. SIRES. SCHAKOWSKY, Mr. CA´ RDENAS, Ms. MATSUI, Mr. tions as follows: H.R. 530: Ms. KUSTER. MORAN, Mr. RUSH, Mr. ISRAEL, Mr. DOGGETT, C EON LSON H.R. 22: Mr. CRAMER. H.R. 544: Mr. M K and Mr. O . Mr. LIPINSKI, and Mr. PRICE of North Caro- H.R. 555: Mr. CRAMER. H.R. 23: Mr. WENSTRUP. lina. H.R. 569: Mrs. NEGRETE MCLEOD, Mr. H.R. 25: Mr. WITTMAN. H.R. 850: Ms. SCHWARTZ, Mr. SAM JOHNSON ENYART, Mr. MCGOVERN, Ms. BORDALLO, Mr. H.R. 32: Mr. THOMPSON of California, Mrs. of Texas, Mr. WESTMORELAND, Mr. MURPHY of WESTMORELAND and Mr. GRIJALVA. ´ MCCARTHY of New York, Mr. PEARCE, Mr. Florida, Ms. VELAZQUEZ, Mr. SCHIFF, Mr. H.R. 570: Mrs. NEGRETE MCLEOD, Mr. GENE GREEN of Texas, Mr. SMITH of New Jer- SCHOCK, Mr. ROSS and, Mr. YOHO. ENYART, Mr. MCGOVERN, Ms. BORDALLO, Mr. sey, Mr. OWENS, Ms. SHEA-PORTER, Mr. PRICE H.R. 874: Mr. ANDREWS. WESTMORELAND and Mr. GRIJALVA. AMPBELL ANNA of North Carolina, Mr. REED, Ms. GABBARD, H.R. 875: Mr. C and Mr. H . H.R. 580: Mr. HARRIS and Mr. DUNCAN of H.R. 894: Mr. MICHAUD. Ms. SCHWARTZ, and Mr. BARBER. South Carolina. H.R. 903: Mr. BARR and Mr. DENT. H.R. 36: Mr. LUETKEMEYER, Mr. AMODEI, H.R. 595: Ms. SCHAKOWSKY. H.R. 904: Mr. HANNA and Mr. COFFMAN. Mr. HARRIS, Mr. FITZPATRICK, Mr. YOUNG of H.R. 627: Mr. YOUNG of Alaska, Mr. JOHN- H.R. 914: Mr. WESTMORELAND, Mr. WEBER of Alaska, and Mr. MURPHY of Pennsylvania. SON of Ohio and Mrs. BLACKBURN. Texas, and Mr. NEUGEBAUER. H.R. 69: Mr. SCHIFF. H.R. 630: Mr. BISHOP of New York, Mr. RAN- H.R. 919: Mr. LANGEVIN. H.R. 71: Ms. GABBARD. GEL, Ms. ESHOO, Mr. BLUMENAUER, Mr. RUSH, H.R. 920: Mr. MCNERNEY. H.R. 79: Mr. SABLAN. Mr. POCAN, Mr. SMITH of Washington, Ms. H.R. 930: Mr. GUTHRIE. H.R. 93: Ms. ESTY and Ms. SHEA-PORTER. SCHAKOWSKY, Mr. FARR, Mr. RAHALL, Mr. H.J. Res. 1: Mr. PITTENGER. H.R. 129: Mr. GRAYSON and Mr. PAYNE. TONKO, Mr. MCGOVERN, and Ms. SLAUGHTER. H.J. Res. 2: Mr. PITTENGER, Mr. YOUNG of H.R. 137: Mr. CARSON of Indiana, Ms. LOF- H.R. 657: Mr. CRAMER. Florida, and Ms. ROS-LEHTINEN. GREN, and Ms. ESTY. H.R. 661: Ms. SCHAKOWSKY. H.J. Res. 27: Mr. OLSON. H.R. 138: Ms. LOFGREN and Ms. ESTY. H.R. 668: Mr. ROKITA, Mr. CRAMER, and Mr. H. Con. Res. 8: Mr. MURPHY of Pennsyl- H.R. 141: Ms. LOFGREN. RICE of South Carolina. vania. H.R. 142: Ms. LOFGREN. H.R. 671: Mr. BLUMENAUER. H. Res. 24: Mr. BACHUS, Mrs. HARTZLER, Ms. H.R. 148: Mr. SWALWELL of California, Ms. H.R. 677: Mr. CRAWFORD. SHEA-PORTER, and Ms. JENKINS. ESTY, Mr. LARSEN of Washington, and Ms. H.R. 679: Mrs. CAPITO, Mr. LUETKEMEYER, H. Res. 36: Mr. STUTZMAN, Mr. SMITH of DEGETTE. Mr. NUGENT, Mr. NUNNELEE, Mr. PALAZZO, New Jersey, Mrs. WAGNER, and Mr. HARRIS. H.R. 164: Ms. GABBARD, Mr. COFFMAN, Ms. and Mr. STEWART. H. Res. 51: Ms. SCHAKOWSKY and Ms. HERRERA BEUTLER, Ms. BROWNLEY of Cali- H.R. 681: Mr. PETRI. SLAUGHTER. fornia, and Mr. WESTMORELAND. H.R. 683: Mr. GEORGE MILLER of California, H. Res. 71: Mrs. NOEM, Mr. THOMPSON of H.R. 176: Ms. FOXX, Mr. MCCLINTOCK, and Ms. SCHAKOWSKY, Mr. BLUMENAUER, and Mr. Pennsylvania, Mr. MORAN, and Mr. BLU- Mr. ROSS. GRIJALVA. MENAUER. H.R. 180: Mr. ANDREWS. H.R. 688: Mr. YOUNG of Florida, Mr. FARR, H. Res. 75: Mr. WALBERG, Mr. COLLINS of H.R. 183: Mr. JONES. Mr. CA´ RDENAS, Ms. EDDIE BERNICE JOHNSON New York, Mr. BARR, and Ms. BORDALLO. H.R. 207: Mr. HARPER. of Texas, and Mr. LOWENTHAL. H. Res. 76: Mr. BOUSTANY, Mr. KIND, Mr. H.R. 241: Mr. GRIFFITH of Virginia. H.R. 689: Ms. PINGREE of Maine and Mr. BUCHANAN, Mr. COSTA, Mr. KEATING, and Mr. H.R. 262: Mr. COURTNEY. SWALWELL of California. MORAN.

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H. Res. 91: Ms. LOFGREN. OFFERED BY MR. RYAN OF WISCONSIN Full-Year Continuing Appropriations Act, The provisions that warranted a referral to 2013, does not contain any congressional ear- f the Committee on the Budget in H.R. 668, To marks, limited tax benefits, or limited tariff amend section 1105(a) of title 31, United benefits as defined in clause 9 of rule XXI. States Code, to require that annual budget OFFERED BY MR. RYAN OF WISCONSIN CONGRESSIONAL EARMARKS, LIM- submissions of the President to Congress ITED TAX BENEFITS, OR LIM- provide an estimate of the cost per taxpayer The provisions that warranted a referral to ITED TARIFF BENEFITS of the deficit, and for other purposes, do not the Committee on the Budget in H.R. 933, the contain any congressional earmarks, limited Department of Defense, Military Construc- Under clause 9 of rule XXI, lists or tax benefits, or limited tariff benefits as de- tion and Veterans Affairs, and Full-Year statements on congressional earmarks, fined in clause 9 of rule XXI. Continuing Appropriations Act, 2013, do not limited tax benefits, or limited tariff OFFERED BY MR. ROGERS OF KENTUCKY contain any congressional earmarks, limited H.R. 933, the Department of Defense, Mili- tax benefits, or limited tariff benefits as de- benefits were submitted as follows: tary Construction and Veterans Affairs, and fined in clause 9 of rule XXI.

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Vol. 159 WASHINGTON, MONDAY, MARCH 4, 2013 No. 30 Senate The Senate met at 2 p.m. and was judges, both in the State of New York. This week will be a test of the Repub- called to order by the President pro At 5:30 p.m. there will be two rollcall licans’ goodwill. My Republican col- tempore (Mr. LEAHY). votes on confirmation of these nomina- leagues say they respect the Senate’s tions. responsibility to advise and consent. PRAYER f My Republican colleagues say they don’t plan to obstruct the confirmation The Chaplain, Dr. Barry C. Black, of- NOMINATIONS fered the following prayer: process for the sake of obstruction, but Let us pray. Mr. REID. Mr. President, this week they filibustered President Obama’s Almighty God, sovereign of our Na- the Senate will consider a number of nominee for Secretary of Defense—for tion and Lord of our lives, thank You nominations. the first time in the history of the for infusing us with the confidence that Tonight we will vote, as I have just country, being a former Republican You order our steps each day. Give our indicated, on Pamela Chen to be a Senator—delaying Senator Hagel’s con- lawmakers courage and a strong re- judge for the Eastern District of New firmation for at least 2 weeks. solve to glorify Your Name as they York and Katherine Failla to serve as Republicans say they will not fili- trust the unfolding of Your loving district judge for the Southern District buster, but their actions say otherwise. providence. Lord, as they remember of New York. Republicans say they are just requiring what You have already done to bless Later this week we are going to con- 60-vote thresholds, but the difference this Nation, inspire them to march sider the nomination of Caitlin Joan between a filibuster and requiring a 60- confidently toward tomorrow’s difficul- Halligan to the U.S. Court of Appeals vote threshold on nominations is a dis- ties with a total dependence on You. for the DC Circuit. This circuit now tinction with no difference. In a nation May they recommit themselves each has four vacancies. Ms. Halligan’s col- founded on the principle of justice for day to faithfully fulfilling the awesome leagues say she has ‘‘a brilliant mind’’ all, requiring a 60-vote threshold on responsibility You have entrusted to and ‘‘an abiding respect for law.’’ nominations is unfair. It is unfair for them. Those are direct quotes. But despite all. It is extremely important that we We pray in Your mighty Name. her outstanding credentials and strong adequately staff our Federal courts, Amen. support from across the political spec- and we have not done that. trum, Republicans filibustered her con- At a time when America faces so f firmation last Congress. many threats abroad, it is crucial we PLEDGE OF ALLEGIANCE President Obama is the only Presi- have a talented and dedicated indi- The President pro tempore led the dent in the 65-year history of the DC vidual such as John Brennan leading Pledge of Allegiance, as follows: Circuit Court not to have a single our Nation’s most prominent intel- I pledge allegiance to the Flag of the judge confirmed to that court during ligence agency. Yet Republicans again United States of America, and to the Repub- his first term. Remember, there are and again inject politics into the con- lic for which it stands, one nation under God, now four vacancies. Since she was nom- firmation process, both when consid- indivisible, with liberty and justice for all. inated, two additional vacancies have ering judicial nominees and, most re- f opened on the DC Circuit. The court cently, when considering Cabinet nomi- desperately needs more judges. nees. RECOGNITION OF THE MAJORITY This week the Senate will consider There was once a time when Repub- LEADER the nomination of John Brennan to licans were the ones defending the The PRESIDING OFFICER (Mr. lead the Central Intelligence Agency. right of the President to choose the KAINE). The majority leader is recog- Mr. Brennan’s nomination is expected players on his team. Back then it was nized. to be reported out of the Intelligence a Republican in the White House. f Committee tomorrow. In 2001, the senior Senator from Utah Mr. Brennan served 25 years in the touted the ‘‘longstanding tradition in SCHEDULE CIA in many extremely important deli- the Senate . . . [to] afford the Presi- Mr. REID. Mr. President, following cate roles and 4 years on the White dent a significant degree of deference leader remarks the Senate will be in a House national security staff, where he to shape his Cabinet as he sees fit.’’ period of morning business until 5 p.m. played an instrumental role in finding Four years later, after President today. Following that morning busi- Osama bin Laden and decimating al Bush was reelected, the senior Senator ness, the Senate will proceed to execu- Qaida. He is very qualified, he is a won- from Arizona pointed out that elec- tive session to consider the Chen and derful public servant, and he should be tions have consequences and said, ‘‘The Failla nominations to be U.S. district confirmed quickly. President has a right to put into place

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

S1075

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VerDate Mar 15 2010 01:55 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.000 S04MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1076 CONGRESSIONAL RECORD — SENATE March 4, 2013 the team he believes will serve him and know that if we have a good case, by American families. I believe our best.’’ we would win it; and if we have a bad weak economic recovery is a result of As we consider key nominations this case, we would lose but that the cards bad policy choices that have cost week and in the future, I hope my Re- aren’t stacked against us because we Americans their jobs, and it has cost publican colleagues honor the long- are a Republican or Democrat. Because them dollars—money—they cannot standing tradition of the Senate that of the makeup of the DC Circuit, more spare. they have identified and we agree with. and more people are getting the view— The list of the administration’s bad I urge my Republican colleagues to rightly or wrongly—it is stacked. The policy choices is long and, in my opin- consider that if the Senate fails to efforts of the Republican Party to ion, right at the top of that list is the properly staff our national security block anybody else from going down President’s health care law. Last week, agencies or the Nation’s judicial sys- there except for people they have vet- we learned from a GAO study requested tem, our inaction will also have con- ted increase that impression that the by Senator SESSIONS that the Presi- sequences. court is stacked. That doesn’t help the dent’s health care law will add $6.2 tril- f system of justice in the United States. lion to Washington’s debt. Of course, It actually doesn’t help whether you that is debt on the back of every young RESERVATION OF LEADER TIME are a Republican or a Democrat be- person in America and on the back of The PRESIDING OFFICER. Under cause it destroys the idea of the impar- future generations. It is a debt upon the previous order, the leadership time tiality of the courts. the entire Nation. is reserved. Mr. REID. Mr. President, I ask for It is also adding to the financial bur- permission to ask one more question of den in this country. Recently, the f the senior Senator. Obama administration has released MORNING BUSINESS Mr. LEAHY. Of course. more rules for how this health care law Mr. REID. Legal scholars have said, will be implemented. The new regula- The PRESIDING OFFICER. Under and I have read, that they believe the tions that have just come out lay out the previous order, the Senate will be DC Circuit is just a little bit below the something called ‘‘essential benefits.’’ in a period of morning business until 5 Supreme Court; that it hears cases of These are the government-mandated p.m., with Senators permitted to speak such significance. That is why it was items that health care policies will therein for up to 10 minutes each. established some 65 years ago: to take now have to offer. The Senator from Vermont. care of cases the Supreme Court Along with other parts of the health f couldn’t. care law, these new rules will raise the NOMINATIONS Is that true? premiums American families pay for Mr. LEAHY. Mr. President, the Sen- their health coverage. That is not what Mr. LEAHY. Mr. President, I thank ator from Nevada is absolutely correct. the American people wanted, that is the majority leader for what he said on I would even argue that in some areas not what they were promised by the these nominations. As he knows, we it is more important than the Supreme President, and that is not what they have an awful lot of them that have Court because on so many of the issues need during this difficult economic come out, and then every time he has that go there, they will have the final time. tried to move them quickly on the Sen- word. The Supreme Court could never Remember, President Obama prom- ate floor there has been opposition hear all of the requests for appeals ised that under his health care plan in- from the other side. from the DC Circuit, and they become surance premiums, he said, would go It has been frustrating when we actu- the final word. down $2,500 for the average family by ally had nominations that waited So on the issues that involve average the end of his first term. That has months, or will have a cloture vote, Americans based on what their govern- come and gone, but what the President and then they will get 90 or 95 votes for ment does, they will be decided in that promised the American people has not confirmation. circuit court, not in the Supreme happened. Instead, premiums have gone Mr. REID. Mr. President, would my Court. So it is extraordinarily impor- up by an average of more than $3,000 friend yield for a question? tant that we have a balanced court family. Mr. LEAHY. Of course. there. As more provisions of the law kick Mr. REID. I ask the chairman of the Mr. President, I suggest the absence in, I can tell you it is going to get Judiciary Committee to explain to ev- of a quorum. worse. As the Obama administration eryone within the sound of our voices The PRESIDING OFFICER. The puts out more regulations, premiums how important the DC Circuit is to our clerk will call the roll. are going to continue to go up and up. country. The legislative clerk proceeded to The American people are in for a seri- Mr. LEAHY. Mr. President, it would call the roll. ous case of premium sticker shock. be hard to state it any better than the Mr. BARRASSO. Mr. President, I ask This is especially true for young peo- Senator from Nevada has. But so many unanimous consent that the order for ple, people in their twenties, people in of the issues we grapple with every sin- the quorum call be rescinded. their thirties. That is not just my pre- gle day on this floor—regulatory The PRESIDING OFFICER. Without diction. It is the warning we are get- issues, issues that affect the various objection, it is so ordered. ting from State officials who actually departments of government—when f supported the President’s health care there are appeals of those issues, when law. Of course, they supported it before there are questions of what the Depart- HEALTHCARE they knew what was in it. ments do, they invariably go to the DC Mr. BARRASSO. Mr. President, I rise The State insurance commissioner in Circuit. They don’t go to the U.S. Su- today to talk about the policy changes Oregon has said the new regulations preme Court. and choices made in Washington and could push up premiums for young con- The U.S. Supreme Court, as the dis- how they affect the spending and the sumers by as much as 30 percent next tinguished Presiding Officer and the well-being of so many people all around year. According to a recent piece in the distinguished majority leader know, this great country. There has been a Los Angeles Times, that was not an ac- takes only a tiny percentage of cases great deal of talk recently about how cident. It was an intentional effect of that are appealed. But every one of we can get our out-of-control Wash- trying to lower prices for older Ameri- these major legal issues that are ap- ington spending under control. How cans by raising the prices for younger pealed are heard by the DC Circuit, and can we curb spending? people. In fact, the cost-shifting was a it is frustrating to know there is a con- We also need to keep in mind some of top priority of the AARP during the certed effort on the other side to try to the policies of the Obama administra- debate. stop having a balance in the DC Cir- tion and how they have impacted Of course, I believe the administra- cuit. spending and how they have created tion was not honest about it. They did Every one of us as lawyers would economic conditions that have forced not come out and tell young people: hope we could come into a courtroom many of these hard choices to be made Hey, you are going to have to pay a

VerDate Mar 15 2010 01:55 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.001 S04MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 4, 2013 CONGRESSIONAL RECORD — SENATE S1077 higher premium so someone else pays without children have to pay for a plan I recently completed a statewide tour less. No. Democrats in Congress and that covers pediatric eye exams? Even of Wyoming. I visited a dozen towns the White House tried to say young the American Academy of Ophthal- across the State and met with hun- people were going to pay lower prices, mology has said that requirement goes dreds of people. I can tell you, in those but now we are seeing it was never too far. They are worried that once in- meetings, people still say the health true. surance has to cover it, there will be care law is unworkable, it is The premium increases are also going overuse of comprehensive eye exams on unaffordable, and it remains very un- to be worse if you do not get insurance children who do not even need them. Of popular. through your employer. That is be- course, that may happen. If it is cov- cause you may end up in the individual ered by insurance, people are going to The people of Wyoming, as did people market. A recent Gallup poll found want more of it. That drives up health across the country, knew what they that fewer people are getting their in- care costs, and health insurance costs wanted from health care reform. They surance through work. Just since 2008, go up even more. wanted the care they need, from a doc- the number has dropped significantly. To make matters worse, the law re- tor they choose, at lower costs. What Among people between the ages of 18 quires the Secretary of Health and they got were higher premiums, higher and 25 years old, only 32 percent now Human Services to update the list of taxes, and more government control get their health insurance through these benefits every year. These are over their personal health care deci- work. the benefits you still may not want— sions. Healthier people—people who take certainly do not want to be forced to the time to focus on staying healthy— pay for—but you are stuck with them When the new rules were released 1 are actually going to pay more too. now. We all know this list is not going week ago, HHS Secretary Kathleen Even if you eat a good diet, you exer- to get any shorter. It is going to grow Sebelius said: ‘‘Being sick will no cise, you do the things people would be longer, and the costs are going to con- longer keep you, your family, or your encouraged to do so they do not get tinue to go up. employees from being able to get af- sick, you are going to pay more under That is what has happened at the fordable health coverage.’’ the President’s health care law. State level. Health insurance mandates What she should have added was: The According to a new survey of insur- in some States now include everything ance companies, younger and healthier from circumcisions to breast implant President’s own health care law will be customers can expect premium in- removal, and mandates add anywhere the thing that keeps people from get- creases of 169 percent, on average, in from 10 to 50 percent to the cost of in- ting affordable coverage. 2014. That is in the individual market, surance. The law that was passed was the that more people will find themselves It is no way to run a health care pro- wrong solution and the wrong way to forced into as their employers drop gram. Consumers should decide what reform our health care in this country. coverage. benefits they want, what benefits they Hard-working American families can- The Congressional Budget Office says think they may need, not Washington not afford it, and they deserve better. that even when you take into account bureaucrats. the subsidies some of these people will Finally, I will give just one more ex- I yield the floor and suggest the ab- get under the law, premiums will still ample of how the new rules will drive sence of a quorum. go up an average of 10 to 13 percent up premiums. This has to do with new The PRESIDING OFFICER. The even after the subsidies are applied. age rating rules in the law. The age clerk will call the roll. If that happens, a family buying cov- rating limits the amount premiums erage on its own may end up paying can vary between healthy younger in- The assistant legislative clerk pro- $2,100 a year more because of the dividuals and unhealthy older con- ceeded to call the roll. health care law. You might ask your- sumers. This is the most direct way The PRESIDING OFFICER (Mr. self, why are the premiums going up so Democrats are taxing the young to pay KING). The Senator from Florida. fast? It is because of the law’s new re- for everyone else. quirements. Under the President’s health care Mr. NELSON. Mr. President, I ask For one thing, there is something law, the premium charged to a sicker unanimous consent that the order for called the essential health benefits. We older person cannot be more than three the quorum call be rescinded. just got new rules on these from the times what a healthy 21-year-old has to The PRESIDING OFFICER. Without administration. Those are the specific pay. So those younger people are going objection, it is so ordered. mandates that require insurance plans to end up paying more. Rather than (The remarks of Mr. NELSON per- to cover a wide range of services. For pay the higher cost, many younger peo- most consumers it is going to mean a ple will just not purchase insurance at taining to the introduction of S. 436 are more extensive and longer list of bene- all. They will just pay the law’s tax printed in today’s RECORD under fits. That might sound good, but they penalty instead. That is because it is ‘‘Statements on Introduced Bills and may be for things the consumers do not still cheaper than the insurance pre- Joint Resolutions.’’) want. It does not matter. Under the miums that have been driven up due to Mr. NELSON. I yield the floor. I sug- law, the consumers have to pay for the President’s health care law. That gest the absence of a quorum. them. It is still higher costs—much means premiums will go up even faster The PRESIDING OFFICER. The higher costs. People cannot just get for the people left in the insurance clerk will call the roll. the insurance they and their family pool, and the whole thing will keep spi- want, that is right for them, and they raling out of control. The bill clerk proceeded to call the can afford. No, that is not enough. The White House says it will not roll. They must buy Obama administration- budge on these age-rating rules. So Mr. LEAHY. Mr. President, I ask approved health insurance. That is people in their twenties and thirties unanimous consent that the order for what they have to buy. That is what and early forties should just prepare the quorum call be rescinded. the law says, and it is going to be much themselves now for the premium hikes more expensive than what they might they are going to see under the Presi- The PRESIDING OFFICER. Without want, they might need or they can af- dent’s health care law. objection, it is so ordered. ford and think is good for them. Those are just a few of the new rules Families are going to have to pay for and just a few of the ways the health f insurance that covers the whole laun- care law continues to raise costs and dry list of benefits, whether they want raise premiums for hard-working CONCLUSION OF MORNING them or not. Why should the govern- Americans. It seems to me the Presi- BUSINESS ment—Washington—tell a single 33- dent is still in his campaign mode, so year-old man he has to pay for ovarian he will not admit it, but he is not fool- The PRESIDING OFFICER. Morning cancer screening? Why should someone ing anybody. business is closed.

VerDate Mar 15 2010 01:55 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.004 S04MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1078 CONGRESSIONAL RECORD — SENATE March 4, 2013 EXECUTIVE SESSION meant that all judicial nominees have 89 percent. During President Obama’s f become wrapped around the axle of par- first term, only 173 district and circuit tisanship. Senators from both sides of judges were confirmed, and a much NOMINATION OF PAMELA KI MAI the aisle used to agree that Federal lower percentage. Contrary to the CHEN TO BE UNITED STATES courts are supposed to be impartial and claims of Senate Republicans the Sen- DISTRICT JUDGE FOR THE EAST- outside of politics. Yet, the actions of ate has confirmed far fewer of Presi- ERN DISTRICT OF NEW YORK Senate Republicans over the last 4 dent Obama’s nominees and confirmed f years have undermined that principle them at a significantly lower rate at NOMINATION OF KATHERINE POLK of our constitutional system and hurt the same points in his and President FAILLA TO BE UNITED STATES the integrity of the judiciary. I hear Bush’s administrations. Senate Repub- DISTRICT JUDGE FOR THE this from judges appointed by Repub- licans talk about how much progress SOUTHERN DISTRICT OF NEW lican Presidents and those appointed we made during the 112th Congress, YORK by Democratic Presidents. They say when we confirmed 113 of President Obama’s circuit and district nominees. The PRESIDING OFFICER. Under the unprecedented delays that nomi- But they ignore the fact that 19 of the previous order, the Senate will pro- nees face politicize the courts and de- those nominees could and should have ceed to executive session to consider stroy the appearance of impartiality been confirmed during the 111th Con- the following nominations which the the Federal courts need. Supreme gress, and the fact that the 60 con- clerk will report. Court Justice Anthony Kennedy said The legislative clerk read the nomi- last year that this extreme partisan- firmations they allowed in the 111th nations of Pamela Ki Mai Chen, of New ship erodes the public’s confidence in Congress was the lowest total for a new York, to be United States District our courts and ‘‘makes the judiciary president in over 30 years. They ignore Judge for the Eastern District of New look politicized when it is not, and it the fact that in President Obama’s first York, and Katherine Polk Failla, of has to stop.’’ year in office they allowed just 12 of New York, to be United States District This obstruction has also contributed his circuit and district nominees to be Judge for the Southern District of New to keeping judicial vacancies at a dam- confirmed, which, according to CRS, York. agingly high level for over 4 years. Per- was the lowest one-year confirmation The PRESIDING OFFICER. Under sistent vacancies mean that fewer total since the Eisenhower administra- the previous order, there will be 30 judges have to take on growing case- tion when the Federal bench was bare- minutes for debate equally divided in loads and make it harder for Ameri- ly one-third the size it is today. We the usual form. cans to have access to speedy justice. have yet to make up the ground we lost Mr. LEAHY. Mr. President, last There are today 89 judicial vacancies during those first 2 years. Looking week, Congress failed to act to avoid across the country. By way of contrast, only at the confirmation total from indiscriminate across-the-board cuts that is more than double the number of last Congress while ignoring the his- from sequestration. These automatic vacancies that existed at this point in toric obstruction of nominations that cuts are in the tens of billions of dol- the Bush administration. preceded it and the backlog that was lars at a time when our economy is fi- Senate Republicans chose to depart created provides an incomplete and nally recovering but remains fragile. dramatically from well-established misleading picture. Among those who will have to endure Senate practices from the moment There can be no question about the these cuts are the overburdened Fed- President Obama took office in their effect of the unprecedented effort by eral courts already suffering from long- efforts to delay and obstruct his judi- Senate Republicans to obstruct Presi- standing vacancies that number almost cial nominations. dent Obama’s judicial nominations. De- 90 and have remained near or above 80 Until 2009, judicial nominees reported spite bipartisan calls to address long- for almost 4 years. Budgetary cuts will by the Judiciary Committee with bi- standing judicial vacancies, the delays mean more difficulty for the American partisan support were generally con- and obstruction of judicial confirma- people to get speedy justice from our firmed quickly. Until 2009, we observed tions have led to judicial vacancies to Federal justice system. regular order, we usually confirmed the remaining near or above 80 for al- Two senior district judges, one ap- nominees promptly, and we cleared the most 4 years. pointed by President Reagan and one Senate Executive Calendar before long During the vote on Judge Bacharach appointed by President Clinton, wrote recesses. Until 2009, if a nominee was last week, some Senators defending the last week in U.S. News and World Re- filibustered, it was almost always be- filibuster that blocked his confirma- port that sequestration will ‘‘devastate cause of a substantive issue with the tion for 7 months claimed that it was the judicial branch.’’ They wrote: nominee’s record. We know what has just the usual Senate practice in a ‘‘[C]ourts may need to close periodi- happened since 2009. The average dis- presidential election year. During the cally, furlough employees, and cut se- trict court nominee has been stalled 4.3 filibuster last year of Judge Bacharach, curity, thereby, delaying proceedings. times longer and the average circuit there was not even a pretense of any These realities, combined with a reduc- court nominee has been stalled 7.3 substantive concern—Senate Repub- tion in supervision of persons on bond times as long as it took to confirm licans just decided to shut down the and convicted felons who are released them during the Bush administration. confirmation process and contorted the from prison, compromise public safe- No other President’s judicial nominees ‘‘Thurmond Rule.’’ But personal at- ty.’’ They conclude: ‘‘[Our Federal had to wait an average of over 100 days tacks on me, trying to repackage their courts provide access to justice, pro- for a Senate vote after being reported own actions as if following the Thur- tect against abuses of power, and de- by the Judiciary Committee. mond Rule, do not change the facts. fend the Constitution. Failure to avert Some Republicans have ignored the The fact is that in the past six presi- sequestration by March 1 undermines facts I just cited even though they dential election years, Senate Demo- the ability of the Federal courts to ful- came from the nonpartisan Congres- crats have never denied an up-or-down fill this Constitutional mandate.’’ I ask sional Research Service (CRS). No in- vote to a consensus circuit nominee; unanimous consent that this article be vented statistic can change the fact Senate Republicans cannot say that. printed in the RECORD at the conclu- that no president’s nominees have ever Until last year, no circuit nominee sion of my statement. waited as long for a vote as President with bipartisan Judiciary Committee As we hear these warnings from Obama’s. support had ever been successfully fili- judges and other officials across our Senate Republicans have also bustered. Senators claiming to be up- three branches of Government, I hope claimed that President Bush had only holding Senate tradition while engag- Senators understand that sequestra- 74 percent of his nominees confirmed ing in a filibuster that had no prece- tion is bad for the courts, bad for the during his first term. This is also not dent in Senate history are not sup- economy, and bad for the American true. President Bush nominated 231 ported by the facts. people. men and women to serve as circuit and After last year’s filibuster, Judge Over the past 4 years, unprecedented district judges; of them, 205 were con- Bacharach waited another 7 months be- obstruction by Senate Republicans has firmed. That is a confirmation rate of fore being allowed a vote on the merits.

VerDate Mar 15 2010 01:55 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.027 S04MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 4, 2013 CONGRESSIONAL RECORD — SENATE S1079 The outcome of that vote was that he The Senate today will finally vote on [Feb. 27, 2013] was confirmed unanimously. It is hard the nominations of Pamela Chen and SEQUESTRATION THREATENS AMERICAN to understand why 7 months of delay Katherine Failla. Both nominees JUSTICE were necessary. During the 7 months of should have been confirmed last year. (By Charles N. Clevert, Joseph H. Rodriguez) additional unnecessary delay since his Pamela Chen is nominated to fill a ju- As senior U.S. district judges, we urge filibuster, Judge Bacharach could have dicial emergency vacancy on the U.S. members of the House and Senate to act by been working on behalf of the people of March 1 to halt sequestration—looming, in- District Court for the Eastern District discriminate, 5.1 percent budget cuts for the Oklahoma, Kansas, New Mexico, Colo- of New York. She has worked as an As- nation’s federal courts. Crippling across-the- rado, Wyoming, and Utah. Likewise sistant U.S. Attorney for the district board budget cuts would threaten constitu- there is no reason to delay further the to which has now been nominated to be tional rights, American justice, and court se- confirmation of Caitlin Halligan, a judge for all but one of the last 14 curity. Relatively little light has been shed whose nomination to the D.C. Circuit on the effects that these budget cuts would years, rising from a line prosecutor to have on our federal court system. was first reported nearly 2 years ago. serve as chief of Civil Rights Litiga- Senate Republicans justified their fili- These cuts would devastate the judicial tion, deputy chief of the Public Integ- branch, which receives a mere two 10ths of 1 buster of her nomination a year ago by rity Section, and chief of the Civil percent of the federal budget. Federal courts arguing that the Circuit did not need Rights Section, Criminal Division. Be- operate on a lean budget and have embraced another judge. Since that time, the tween January and April 2008, she cost containment by measures including number of vacancies on that court has staff reduction below authorized levels. served as the deputy commissioner for doubled, and it is now more than one- Thus, we urge the House and Senate to act third vacant. It needs Caitlin Halligan. enforcement at the New York State Di- quickly and reach a budget agreement that She is the kind of moderate, superbly vision of Human Rights. Previously, prevents sequestration and all its attendant harms. qualified nominee who should easily be she spent 7 years as a trial attorney and senior trial attorney in the Special Lawmakers, businesses, and citizens alike able to be confirmed under any stand- must recognize that budget sequestration ard by which the Senate has considered Litigation Section of the Civil Rights imperils fundamental constitutional rights judicial nominees in the past. It is well Division of the U.S. Department of Jus- and courts that protect those rights. The past time to walk back from the preci- tice. She began her legal career as an right to be heard, the right to a speedy and pice marked by the wrongheaded fili- associate in private practice. She public trial, and the right to effective assist- earned her B.A., with honors, from the ance of counsel in criminal cases are corner- buster of Ms. Halligan. The continued stones of our democracy. Sequestration filibuster of her nomination does harm University of Michigan, and her J.D. could dissuade attorneys from accepting ap- to the Senate, to the important D.C. from Georgetown University Law Cen- pointments to represent indigent defendants Circuit, and to the American people. ter. When confirmed, Pamela Chen will because of inadequate funding. Moreover, At a time when judicial vacancies be only the second female Chinese- courts may need to close periodically, fur- have again risen to almost 90, we must American in U.S. history to serve on a lough employees, and cut security, thereby, do more for our overburdened courts. It Federal district court. She will also be delaying proceedings. These realities, com- bined with a reduction in supervision of per- is past time for the partisan obstruc- one of only a few openly gay Federal sons on bond and convicted felons who are tion to end. We have a long way to go. judges. released from prison, compromise public After 4 years of delay and obstruction, Katherine Failla is nominated to safety. Additionally, offenders with mental we remain far behind the pace of con- health needs or drug and alcohol abuse prob- serve on the U.S. District Court for the lems would receive inadequate monitoring firmations we set during President Southern District of New York. Since Bush’s administration, and there re- and substandard treatment. 2000, she has served as an Assistant Access to justice is not a luxury. If budget main far too many judicial vacancies United States Attorney in that divi- cuts slam courthouse doors and postpone that make it harder for Americans to sion, and since 2008 she has served as trials, some criminal cases may need to be have their day in court. During Presi- the chief of the office’s Criminal Ap- dismissed. Therefore, trust and confidence in dent Bush’s entire second term, the 4 our federal courts would be at risk. Addition- peals Unit. Prior to her government years from 2004 through 2008, vacancies ally, limited funds needed to pay citizen ju- service, she was an associate in the never exceeded 60. Since President rors and the priority that must be given to New York office of Morgan Lewis & criminal proceedings could delay civil cases Obama’s first full month in office, and as well. At the same time, budget related as far into the future as we can see, Bockius LLP. In her career, she has tried 10 trials to verdict. After law delays would prevent bankruptcy courts there have never been fewer than 60 va- from functioning normally in providing re- cancies, and for much of that time school, she clerked for the Honorable lief to struggling debtors and ailing busi- many, many more. The Senate must do Joseph E. Irenas, U.S. District Judge nesses seeking reorganization. These individ- much more to fill these vacancies and for the District of New Jersey. She uals, businesses, and employees would be make real progress. graduated with honors from the Col- harmed and economic recovery will be Senate Republicans claim that we lege of William & Mary, and Harvard slowed. Law School. Cuts to courthouse security personnel and cannot do more because President programs may be as high as 30 percent. Obama has not made a sufficient num- After today’s votes, there are still These cuts would compromise the safety of ber of nominations. But it is Senate another 15 judicial nominees pending all who visit or work in federal courthouses, Republicans themselves, and their un- before the Senate. All of these nomi- including witnesses, jurors, and judges. Re- willingness to work with a President cent tragic shootings at or near courthouses nees had to be renominated after being in Delaware and South Carolina underscore who has reached out to them to submit returned at the end of the last Con- recommendations and to work with that concerns about courthouse safety are gress. It is unusual to have such a not theoretical matters; cuts to funding for him, that has delayed many nomina- backlog so early in a Congress, and this courthouse safety will only deepen these tions. is the result of Senate Republicans’ re- concerns. Unlike his predecessor, President fusal to allow votes on 11 nominees at America’s courts are the final line of Obama has worked hard to solicit rec- the end of last year, almost all of protection for the legal rights of all. ommendations from home State Sen- whom had been reported with bipar- They provide access to justice, protect ators, including those from the other tisan support, and their refusal to con- against abuses of power, and defend the party. This President has consistently sider another 4 who had hearings and Constitution. Failure to avert seques- selected qualified, mainstream nomi- tration by March 1 undermines the nees. For the judicial vacancies in could have been expedited. I urge that the Senate act quickly on these long- ability of the federal courts to fulfill States with 2 Republican Senators, just this Constitutional mandate. 11 percent have a nominee. I urge Sen- pending nominations. Further delay does not serve the interests of the Mr. LEAHY. Mr. President, I ask ate Republicans to do a better job pro- unanimous consent to speak as in viding consensus recommendations and American people. Hardworking Ameri- cans deserve better. morning business. fulfilling their own constitutional re- The PRESIDING OFFICER. Without sponsibility to ‘‘advise’’ the President There being no objection, the mate- objection, it is so ordered. on nominations and work with Presi- rial was ordered to be printed in the (The remarks of Mr. LEAHY, Ms. COL- dent Obama to fill these vacancies. RECORD, as follows: LINS, Mrs. GILLIBRAND and Mr. KIRK

VerDate Mar 15 2010 02:55 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.010 S04MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1080 CONGRESSIONAL RECORD — SENATE March 4, 2013 pertaining to the introduction of S. 443 broad construction of that authority Well, applicable criminal laws were are printed in today’s RECORD under itself. And, in a series of rulings joined violated, but it was an attack on the ‘‘Statements on Introduced Bills and by judges across the ideological spec- United States, not a normal crime. And Joint Resolutions.’’) trum, the D.C. Circuit has adopted, the Nation made a very clear decision Mr. LEAHY. Mr. President, I reserve itself, that broad definition. on which I thought all of us were in the remainder of my time. The report also adopts—this is the agreement that we had moved from a I suggest the absence of a quorum bar association report. And I have to time of criminal activity to a time of and ask unanimous consent that the say, lawyers and bar association com- war, and we acted in that fashion. So time be equally divided. mittees, they sign on reports dealing there is nothing self-evident about the The PRESIDING OFFICER. Without with the national security of the position in the report that an unlawful objection, it is so ordered. United States of America. They sign on enemy combatant whose only connec- The clerk will call the roll. reports dealing with how prisoners of tion with the United States is his acts The assistant legislative clerk pro- war are to be determined and handled. of war against it should be afforded the ceeded to call the roll. At a time of national crisis, when we constitutional due process rights of an Mr. SESSIONS. Mr. President, I ask are in a national debate about that, American citizen who committed an unanimous consent that the order for they should know what they are talk- crime. the quorum call be rescinded. ing about, and this bar association did Andy McCarthy, a former longtime The PRESIDING OFFICER. Without not. Department of Justice veteran pros- objection, it is so ordered. The report also adopts the unsup- ecutor, who tried the Blind Sheik case, HALLIGAN NOMINATION ported view that the war on terrorism said this: Mr. SESSIONS. Mr. President, I rise ‘‘seems closer to a law enforcement ef- The only thing the framers might have to express my opposition to the nomi- fort than to a military campaign.’’ found more appalling is the notion that the nation of Caitlin Halligan to be a judge But I would say to that, the Congress Constitution licenses lawfare—i.e., that it for the U.S. Circuit Court of Appeals voted and declared it to be a military permits the American people’s courts (which, for the D.C. Circuit. That is an impor- effort. Tell that to the soldiers in Af- other than the Supreme Court, are creatures tant court, one of the most important ghanistan chasing down al-Qaida of statute not required by the Constitution) to be used by foreign enemies to put on trial courts, one step below the Supreme operatives, that it was not a war. the armed forces of the American people Court. The report goes on. But this was part over the manner in which they conduct war- I would note that the Senate has al- of the attempt at the time to under- time combat operations that have been au- ready once rejected proceeding with mine President Bush’s ability to effec- thorized by the American people’s represent- consideration of this nomination and, tively manage the war effort. The re- atives. in my opinion, for good reason. We do port argues vigorously against the use I think Andy McCarthy is right about not do that lightly. We should not do of military commissions—that is where that. I think that is basically what that lightly. But it is an important you try prisoners of war for violations happened. I do not dispute it is fully question, and nominees do have to of the rules of war, in military commis- acceptable for lawyers to defend un- clear the Senate, and the Senate is not sions—and maintains that the pre- popular clients. However, it is curious a rubber stamp. ferred place to try them are Article III to me that while this Nation has hun- Ms. Halligan has a well-documented civilian courts, normal civilian courts, dreds of thousands of fine lawyers and record of advocating extreme positions except in ‘‘exceptional circumstances.’’ thousands of proven prosecutors, the on constitutional issues, pushing legal They say, of course, to try them in a ones who seem to have a leg up—I am arguments beyond what I think is rea- civilian court would provide the terror- saying this carefully because I have ob- sonable, including in cases involving ists—enemies of the United States, par- served this now for 4 years. I think it is Second Amendment gun rights, abor- ticipating in a war against the United significant. The ones who seem to have tion, the death penalty, and others. States—with all the same constitu- a leg up in this administration’s nomi- But one of the most troubling of her tional rights that a person who de- nation process are those who have views pertains to the war on terror and frauded the IRS or robbed a bank challenged the legal policies of the the detention of enemy combatants. would have. But it is a different situa- former President of the United States This is alarming not only because the tion. You do not give those kind of as he attempted to conduct a war to arguments she has advanced in this re- rights to people at war with the United defend the United States against an gard are contrary to well-settled law, States, whose goal is to destroy the enemy dedicated to its destruction. but because the court she seeks to join United States and to replace the gov- Time and time again, these are the the D.C. Circuit has a critical role in ernment. That has never been the posi- people who have been nominated for national security matters, including tion in our country, nor in any other high Department of Justice offices and deciding habeas petitions of terrorist nation in the world that I am aware of. to the courts. The lifetime appoint- detainees. But that is the position she signed on. ment to which Ms. Halligan has been As a member of the Association of While Obama surrogates and sup- nominated demands independence and the Bar of the City of New York’s Com- porters during the campaign often at- a commitment to the rule of law and mittee on the Federal Courts, she tacked Bush and made these kinds of not to a political agenda. joined a 2004 report, the self-described allegations, the Obama administration, At her hearing, she did attempt to purpose of which was specifically to after taking office, has been forced to distance herself from the report, var- ‘‘address, in particular, the role the abandon those positions. They are un- iously claiming she had not seen it federal courts should play in striking tenable. until just before the hearing and that [the] balance [between, in this case, na- One of the report’s flawed arguments she had not attended all the meetings tional security and civil liberties con- of why you should try unlawful enemy at which the report was discussed. She cerns] with respect to the detention combatants—that is people at war admitted, however, that she could have and trial of suspected terrorists or against the United States in Article III requested that her name not be on the their accomplices designated as ‘enemy civilian courts is as follows: ‘‘It seems report, as did four other members of combatants’ by the executive branch.’’ self-evident that the same [constitu- the committee, but she did not. She The report comes to the untenable tional] protections [afforded ordinary signed it. conclusion that the congressional Au- criminals] should presumptively ex- In fact, according to her own testi- thorization for Use of Military Force tend to those individuals whom the mony, she never took any action to re- does not authorize the indefinite deten- government has seized and proposes to pudiate the report or its contents be- tion of enemy combatants. detain for an extended, and perhaps in- fore her nomination or even before her These are prisoners of war. Not only definite, period of time because they hearing. The first time she expressed did the Supreme Court hold that it are suspected of having engaged in con- any disagreement with the report, it does, in fact, authorize indefinite de- duct intended to further terrorist aims, seems, was at her confirmation hear- tention in Hamdi v. Rumsfeld, but the thus violating applicable criminal ing. Some call that a confirmation con- Obama administration has argued for a laws.’’ version. A serious attorney would have

VerDate Mar 15 2010 02:55 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.028 S04MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 4, 2013 CONGRESSIONAL RECORD — SENATE S1081 taken swift action to either remove claiming, for example, that she now But she is now a valid and valuable their name from the report or to repu- embraces original intent as the pre- member, not just of the New York Bar diate it. No serious attorney would ferred method of Constitutional inter- but of our entire community. Chen was affix their name to a report on such pretation. At the same time, however, born in Chicago after her parents came important matters in a time of war she was forced to admit that, prior to here from China. She came by her zeal without studying it carefully, surely. her ‘‘confirmation conversion,’’ she had for public service honestly because her It can only be assumed the report never once espoused such views. That father worked for the IRS for over 30 represented her views on the role of a is not surprising, given her well-docu- years, while her mother was a professor civilian Article III court with respect mented record over the course of many of political science. to detention and trial of enemy com- years of advocating for the restriction When I first met Chen, I do not think batants. It would have done more for of Second Amendment rights, including it took more than 5 minutes before she her credibility to own up to that fact, in favor of liability for gun manufac- talked about how proud she was of her rather than paying lip service to what turers, for same sex marriage, for lim- parents, how grateful for the sacrifices might be more helpful during the con- iting the death penalty, for back pay they made so she and her brother could firmation process. for unauthorized illegal alien workers, excel in later life. The report continues its irresponsible and for affirmative action. All posi- She graduated from the University of description of the al-Qaeda supporter tions utterly unsupportable by an Michigan and then Georgetown Law and convicted terrorist Ali al-Marri as original intent approach to constitu- Center. As a young lawyer, she began a ‘‘civilian in this country legally, tional interpretation. as a litigator in private practice, and [who] seems suspected of providing Her attempts to distance herself from then began her illustrious career in logistical support for al-Qaeda sleeper her record were simply unconvincing. public service by joining the Special cells: presumably criminal activity, if There is no question where she stands Litigation Section of DOJ’s Civil proven, but not ‘combatant’ activity on these issues. She herself has said Rights Division. under any likely definition of the that the ‘‘courts are the special friend Fortunately for the people of New term.’’ Al-Marri eventually pleaded of liberty . . . the dynamics of our rule York, she came to the Office of the guilty to providing material support to of law enables enviable social progress U.S. Attorney for the Eastern District al-Qaeda and was sentenced to eight and mobility.’’ of New York—which serves principally years in federal prison. In his guilty Her testimony did nothing to con- Brooklyn and Long Island—in 1998, and plea, he admitted that he attended ter- vince me that her written record does has been there ever since. rorist training camps in the years prior not paint the accurate picture of what At one of the premier U.S. Attorney’s to the 9/11 terrorist attacks; that he her tenure on the bench would look offices in the Nation, she rose to be was instructed by Khalid Sheikh Mo- like if she were confirmed. We have chief of the civil rights litigation unit hammed, the mastermind of 9/11, to judges who follow their oaths to serve and later the civil rights section in enter the U.S. just prior to 9/11 and under the Constitution and the laws of that office. await further instruction from al- this country. They are never above it. She has prosecuted all manner of Qaeda; and that while here, he re- They are never free to alter the mean- public corruption, gang, narcotics, and searched chemical weapons and com- ing of words to advance a personal terrorism cases. municated with al-Qaeda members. In- agenda. She is one of those highly intelligent, vestigators also discovered that he had The PRESIDING OFFICER. The Sen- analytical individuals who was prob- made several phone calls to Mustafa al- ator’s time has expired. ably born to be a lawyer, and, once a Hawasawi who had wired money to the Mr. SESSIONS. Mr. President, I ask lawyer, was almost certainly destined 9/11 hijackers. unanimous consent for 1 additional to be a judge. When al-Marri’s case came before the minute. Born in Edison, NJ, she earned her Supreme Court, Ms. Halligan, as a pri- Mr. SCHUMER. Reserving the right B.A. from William & Mary, and her law vate practitioner, donated her legal to object, I have some remarks I would degree from Harvard. After clerking for services pro bono to co-author an ami- like to make before 5:30. the Federal court in New Jersey, she I do not object. cus brief on his behalf. The brief argued Mr. SESSIONS. I will try to not uti- practiced in New York City with the the United States lacked the authority lize the 30 seconds the Senator used in law firm of Morgan, Lewis & Bockius, to detain al-Marri as an enemy com- agreeing to this. But I would point out and 6 years later joined the U.S. Attor- batant, and that the AUMF did not au- there are other different complaints ney’s office. thorize his seizure and indefinite mili- that we have about the circumstances She has now served as a prosecutor tary detention, without criminal trial. of this nomination. I do think it is an for 12 years. In her work as head of the At the hearing, Ms. Halligan claimed— extraordinary circumstance. I take criminal appeals section, she defends unconvincingly in my view—that the that decision seriously. There have not some of the most important criminal brief did not represent her personal been many that I found that to have convictions in the Nation, including views. But the fact remains that she occurred. terrorism cases such as the East Afri- chose to donate her professional legal Therefore, I will oppose the motion can bombing case against bin Laden services to defend a radical Islamic ter- for cloture and I urge my colleagues to and his associates, complex white-col- rorist instead of the millions of Ameri- do the same. lar cases, and RICO cases. cans who need legal representation, or I yield the floor. Her colleagues report to a person victims of terrorism in this country The PRESIDING OFFICER. The Sen- that her advice on legal arguments and and all over the world, or women in Af- ator from New York. matters of judgment is the most ghanistan fighting for equal rights, or Mr. SCHUMER. I thank my colleague sought after in the whole*** those suffering from religious persecu- from Alabama for taking only 30 sec- Everyone attests to the fact she is tion in Islamic countries. The fact that onds because of the 30 seconds I took to fair, decent, honest, and very smart. I she would sign her name to the Bar re- explain to him. I have three parts to wish to finally add that I look for three port, and her decision to co-author and my little statement. I will speak brief- qualifications in a nominee: excellence, file an amicus brief in the al-Marri ly on each. she clearly has that; moderation, she case, is a very serious matter. And First, I rise in support of the nomina- has that; and all else being present, di- those actions cast doubt on her testi- tions of Katherine Failla for the South- versity. Chen will be only the second mony that she was not aware of the ern District of New York and Pam female Chinese-American article III contents of the Bar report. Chen for the Eastern District. I have judge in U.S. history, making this day Much of Ms. Halligan’s testimony did enthusiastic support for both of them. yet another step forward in our path to not match up with her record as an at- They are superb nominees to the Fed- making the Judiciary reflect both the torney both in private practice and eral bench. Let me talk a little bit talent and depth of experience of our public service. During her testimony, about each. communities. she attempted to evade the activist Similar to many proud New Yorkers, Katherine Failla is currently U.S. at- views she spent her career advancing, Chen was not born in New York City. torney in charge of the important and

VerDate Mar 15 2010 02:55 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.017 S04MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1082 CONGRESSIONAL RECORD — SENATE March 4, 2013 prestigious Criminal Appeals Unit in portant DC circuit empty—unfilled. It Graham Leahy Rubio the Southern District of New York. is unfair and it is not right to this fine Grassley Lee Sanders Hagan Levin Schatz She is one of those highly intelligent, women and to the need to proceed with Harkin Manchin Schumer analytical individuals who was prob- justice in these United States of Amer- Hatch McCain Scott ably born to be a lawyer, and once a ica. Heinrich McCaskill Sessions Heitkamp McConnell lawyer, was almost destined to be a I yield the floor and suggest the ab- Shaheen Heller Menendez Shelby Hirono Merkley judge. sence of a quorum. Stabenow Hoeven Mikulski She has served as a prosecutor for 12 The PRESIDING OFFICER. The Tester years. Her colleagues report to a per- Inhofe Moran clerk will call the roll. Isakson Murphy Thune son that her advice on legal arguments The assistant legislative clerk pro- Johanns Murray Toomey and matters of judgment is the most ceeded to call the roll. Johnson (SD) Nelson Udall (NM) sought after in the whole office. This is Johnson (WI) Portman Warner Mr. WHITEHOUSE. Mr. President, I Kaine Pryor Warren the Southern District of New York. It ask unanimous consent that the order King Reed Whitehouse is an amazing office. for the quorum call be rescinded. Kirk Reid Wicker She also came to her dedication to The PRESIDING OFFICER. Without Klobuchar Risch Wyden Landrieu Roberts public service through a hard-working objection, it is so ordered. family. This is evident through her sib- THE PRESIDING OFFICER. The NOT VOTING—9 lings as well, a school teacher’s aide question is, Will the Senate advise and Begich Lautenberg Rockefeller and a submarine commander. consent to the nomination of Pamela Brown Murkowski Udall (CO) Coats Paul Vitter I ask that my colleagues vote for Ki Mai Chen, of New York, to be United both of them shortly. States District Judge for the Eastern The nomination was confirmed. HALLIGAN NOMINATION District of New York? The PRESIDING OFFICER. Under I also wish to say a few words this The nomination was confirmed. the previous order, the motion to re- evening about the President’s longest The PRESIDING OFFICER. Under consider is considered made and laid standing nominee to any office, Caitlin the previous order, the motions to re- upon the table, and the President will Joan Halligan. The DC Circuit is cur- consider are considered made and laid be immediately notified of the Senate’s rently one-third vacant; 4 of the 11 upon the table, and the President shall action. slots are without active judges. What be immediately notified of the Senate’s f some people call the second most im- action. LEGISLATIVE SESSION portant court in the country is firing VOTE ON NOMINATION OF KATHERINE POLK The PRESIDING OFFICER. Under only on two-thirds of its cylinders. FAILLA the previous order, the Senate will re- Halligan is one of the President’s nomi- The PRESIDING OFFICER. The sume legislative session. nees for two of these four slots. Her question is, Will the Senate advise and nomination has been pending for 23 consent to the nomination of Kath- f months. erine Polk Failla, of New York, to be MORNING BUSINESS Since her name has been sent to the United States District Judge for the Senate, she has not had an up-or-down Mrs. BOXER. Mr. President, I ask Southern District of New York? vote. She has never had an up-or-down unanimous consent that the Senate Mr. WHITEHOUSE. Mr. President, I vote despite the fact that her academic proceed to a period of morning busi- ask for the yeas and nays. and professional credentials are superb: ness, with Senators permitted to speak The PRESIDING OFFICER. Is there a Princeton University, GW Law School, for up to 10 minutes each. And I ask sufficient second? prestigious clerkships on the DC Cir- unanimous consent that I speak for up There appears to be a sufficient sec- cuit, including Patricia Wald, the first to 20 minutes. ond. female member of the court, and then The PRESIDING OFFICER. Without The clerk will call the roll. to Justice Steven Breyer. objection, it is so ordered. The assistant legislative clerk called She has never had an up-or-down f vote despite the fact that she has spent the roll. THE SEQUESTER most of her career in public service as Mr. DURBIN. I announce that the a prosecutor, first with the Office of Senator from Alaska (Mr. BEGICH), the Mrs. BOXER. Mr. President, one of the New York Attorney General, now Senator from Ohio (Mr. BROWN), the the virtues of traveling back home is as assistant district attorney who Senator from New Jersey (Mr. LAUTEN- to hear what the people are saying serves as the general counsel for the BERG), the Senator from West Virginia about us. And it isn’t good. The people Manhattan DA’s office. (Mr. ROCKEFELLER), and the Senator are on anxiety overload. The purpose of She has never had an up-or-down from Colorado (Mr. UDALL) are nec- my remarks is not to increase anyone’s vote despite the fact that she would be essarily absent. anxiety but just to tell it the way it is. only the sixth woman to serve on the Mr. CORNYN. The following Senators How did we get to a place where we court since its inception in 1801. Two are necessarily absent: the Senator are having mindless, across-the-board years ago, when her nomination was from Indiana (Mr. COATS), the Senator cuts in spending with absolutely no filibustered, many of my colleagues from Alaska (Ms. MURKOWSKI), the Sen- thought? It came about because the cited the DC Circuit’s relatively low ator from Kentucky (Mr. PAUL), and Republicans refused to increase the caseload for the reason the Senate did the Senator from Louisiana (Mr. VIT- debt ceiling. We were about to default not need to confirm another judge. But TER). on our obligations, after raising the now, 2 years later, there are only seven The PRESIDING OFFICER. Are there debt ceiling many times—18 times judges hearing cases on the court. The any other Senators in the Chamber de- under Ronald Reagan. And Ronald caseload for judges has risen 21 percent siring to vote? Reagan warned us in those times never since President Bush made his last The result was announced—yeas 91, to play games with the debt ceiling. nomination to the court in 2006. nays 0, as follows: Well, the Republicans did. They played My colleagues know how difficult and [Rollcall Vote No. 28 Ex.] games with the debt ceiling, and they time-consuming these cases are. I have YEAS—91 did it because, if you follow what the great respect for my friend and col- Alexander Cantwell Cowan Republican leader said, his highest pri- league and the person I exercise with in Ayotte Cardin Crapo ority was defeating President Obama. I the gym every morning, JEFF SES- Baldwin Carper Cruz am sure they thought that kind of Barrasso Casey Donnelly SIONS. But to say this is an extraor- Baucus Chambliss Durbin chaos would lead the way. It didn’t dinary circumstance based on the Bennet Coburn Enzi happen, clearly. Our President was re- smidgen of evidence he has men- Blumenthal Cochran Feinstein elected, and he was reelected with the tioned—please, please, please. Blunt Collins Fischer big vote. Boozman Coons Flake Let’s hope there is not a concerted Boxer Corker Franken We got into this situation with the effort by the other side to keep this im- Burr Cornyn Gillibrand sequester because there were games

VerDate Mar 15 2010 02:55 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.019 S04MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 4, 2013 CONGRESSIONAL RECORD — SENATE S1083 being played with the debt ceiling, and to do to avert them is reform the Tax the window to see it is already hap- as a way to get out of it, we did some- Code and take away those juicy little pening. thing we thought would never come to tax loopholes companies that ship their I would like to talk about a great pass. jobs overseas get? How about asking thing that happened recently. When We said: OK, give us this ability to someone who earns $2 million a year to USA TODAY, the Nation’s largest raise the debt ceiling so we can pay our pay the same effective tax rate as their newspaper in print form—more people bills and not become a third-world na- secretary? What kind of a country is read that paper than any other. They tion and not lose our credit rating even this? You would rather have these announced in a front-page story last more than we have already lost it, and kinds of brutal cuts to the least among Friday, on March 1, that they are going then we will look at deficit reduction. us than just have a fair Tax Code? to spend a year looking at the issue of If the supercommittee can’t come up In the last 40 years only one party climate change. with a deal, we will have these across- balanced the budget, and that party is This is the front page. They show the-board cuts. the Democratic Party. Bill Clinton and that the temperatures are going up. No one thought they would happen, the Democratic Congress—the only They talk about more asthma. But and they are happening. And now what party that ever balanced the budget. let’s look at what they say because I we hear is, oh, it is really no big deal. So spare me the lectures from my am appalled that with all of this going Our Republican friends are saying it is friends on the other side of the aisle on around us, we seem to have no way OK. about how they are the ones who know forward on this issue. I am going to be Maybe people watching this in their how to do it. No, they don’t, because here every Monday after votes to talk homes may not be touched by the se- when you make these mindless cuts about this, and I urge every Member of quester, but let me tell you who will be and people are furloughed and they the Senate, Democratic or Republican, touched by the sequester, and let me have less money to spend, they don’t who cares about this issue to join me. make the argument that when these go to the corner store and take their We have to wake up the American peo- people are touched by it, we are all family for lunch or dinner. They don’t ple to the fact that this Senate is doing touched by it. This is one Nation under spend as they would normally spend, nothing. Even though I believe there is God, and when we hurt our people, we and it is a trickle-down effect on this a majority for doing something, we get hurt. economy. As a matter of fact, Mark don’t have the 60 votes. So let’s talk Seventy thousand children will not Zandi, the respected, nonpartisan econ- about it. get Head Start. Is that supposed to be omist, said it is going to take a half a This is what USA TODAY says: good for the country? Ten thousand point off economic growth at a time ″Why you should sweat climate change.’’ teacher jobs will be lost. Is that sup- when we are not growing that robustly. More American children are getting asth- posed to be good for the country? How Here is the point. When President ma and allergies, and more seniors are suf- about 7,200 special ed teachers, teach- Obama inherited the job—because we fering heat strokes. [Already] food and util- ing every day kids who have such a elected him to it—he faced the $1.2 tril- ity prices are rising. Flooding is overrunning hard time just getting dressed in the lion deficit of George W. Bush, who had bridges, swamping subways and closing air- port runways. morning? Is that good for America? turned the Bill Clinton surplus into I would argue that this list is terrible raging deficits, and the deficits are We know this is true. for our country. Maybe you don’t have down now to $850 billion. So don’t say People are losing jobs in drought-related a kid in Head Start. I don’t. Maybe you we are not making progress. A Demo- factory closings. Cataclysmic storms are don’t know a special ed teacher. The wiping out sprawling neighborhoods. Towns cratic President is making progress on are sinking. point is that we are one country, and the deficit. But let’s do the rest of this And Congress does nothing. we do best when we help our most vul- deficit cutting wisely, in a balanced USA TODAY: nerable. way. We have cut $1.7 trillion in spend- How about this: 424,000 HIV tests con- ing and, yes, $700 billion in revenue. We This isn’t a science-fiction, end-of-the- world scenario. . . . these scenes are already ducted by the Centers for Disease Con- have raised taxes on those earning a trol will no longer happen. Is that good playing out somewhere in the United States, lot of money. But there are a lot more and they’re expected to get worse in the for the country, to have HIV-infected cuts we have made than revenue in- years ahead. people walking around not knowing creases we have made. People need to act quickly. they have HIV? How about 25,000 fewer So I come to the floor to say this is breast and cervical cancer screenings? Climate change is not a place and time dis- a self-inflicted wound. And if I hear tant—it’s here and now. Maybe it is not your wife or your sister anyone say: It doesn’t really affect me, That is a quote from Kim Knowlton, or your mom, but somebody’s sister or let me tell you that is not true because who is a health professor at Columbia somebody’s daughter is not going to when our kids are hurt, we are hurt. University, and this was shown in USA find out she has breast cancer. Tell me When our health care system is hurt TODAY. how that is good for this country. and people are walking around with I am not even talking about the cuts diseases, we are all hurt. When our sen- The most recent decade was the Nation’s hottest on record. to defense, some of which I think we ior citizens don’t get the meals, we are can do but many of which don’t make all hurt. Otherwise, what is the point This isn’t a guess, this is the truth. sense. I am just looking at the cuts to in having a country if it is everyone for The most recent decade was the Nation’s the most vulnerable people. Four mil- themselves? That isn’t the greatness of hottest on record, and 2012 was the hottest lion fewer meals will be served to sen- America. single year. The average U.S. temperature ior citizens. Does that make you proud, So I was proud to vote to avert the has risen 1.5 degrees Fahrenheit since reli- Republicans? I hope you are proud. able recordkeeping began in 1895—80% of sequester. We had a majority vote be- that has occurred since 1980. Programs such as Meals on Wheels are fore we left here for the weekend, but The economic costs of all these changes going to be impacted, and 600,000 my Republican friends filibustered are enormous—not only for those directly af- women and children won’t get nutri- that. We had over 50 votes to get rid of fected but for the nation’s taxpayers, who tion assistance. There will be 1,000 FBI the sequester, and the Republicans fili- are stuck with the bills for disaster relief, agents and other law enforcement per- bustered. Enough already. I hope they national flood insurance and drought-related sonnel laid off or furloughed, and 1,000 will come to their senses so we can do crop losses. criminal cases won’t be prosecuted. Is this deficit reduction in a serious way Now, what are we supposed to do that good for America? Maybe your that makes sense. about this? Clearly, scientists tell us family wasn’t the victim of a crime. f there is too much carbon pollution in Maybe it is not your relative who hap- the air, and I will show you where it is pens to be a law enforcement officer. CLIMATE CHANGE coming from. The electricity sector But this is one Nation under God, with Mrs. BOXER. Now I wish to talk gives us 34 percent of the carbon; the liberty and justice for all. about climate change. It is one of the transportation sector, 27 percent of the How does it make sense for these most serious threats facing our Nation. carbon comes from there; the indus- cuts to go into effect when all we have All you really have to do is look out trial sector, 20 percent; the agriculture

VerDate Mar 15 2010 01:55 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.022 S04MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1084 CONGRESSIONAL RECORD — SENATE March 4, 2013 sector, 7 percent; residential and com- That is the first answer. We did not The legislative clerk read the nomi- mercial building, 11 percent. even get to what happens in the West. nation of Caitlin Joan Halligan, of New We know President Obama has done We know from Senators such as TOM York, to be a United States Circuit an amazing job in leading us, with UDALL what would happen to that Judge for the District of Columbia Cir- Members here in the Senate, bipar- beautiful State of New Mexico. It cuit. tisan. Senators Snowe and FEINSTEIN would become a desert environment; no CLOTURE MOTION worked so hard on this. He said it is more green, and the fires have already Mr. REID. Mr. President, I send a time for us to get better fuel economy. been starting. I am sad to say we have cloture motion to the desk. Fuel efficiency is going to take carbon done little to nothing. I can only say The PRESIDING OFFICER (Mr. DON- out of the air, and we are moving to- this President has done whatever he NELLY). The cloture motion having ward 55 miles per gallon. That is excel- could do. Any progress we have had has been presented under rule XXII, the lent. And we can continue to make come from his executive orders and, I Chair directs the clerk to read the mo- great progress as we move toward plug- might add, the States. tion. in hybrids—I drive one of those my- My home State of California is mov- The legislative clerk read as follows: ing forward, creating jobs in clean en- self—and eventually electric cars. I can CLOTURE MOTION ergy, moving forward, being a model, tell you, when you drive those cars, We, the undersigned Senators, in accord- you don’t visit those gas stations. It and I am going to support them and ance with the provisions of rule XXII of the saves you money. It is a win-win. The our Governor, Jerry Brown. He gets Standing Rules of the Senate, hereby move environment gets cleaned up. You save this. It doesn’t take a degree in clima- to bring to a close debate on the nomination money. It is all good. tology to see what is happening to our of Caitlin Joan Halligan, of New York, to be We know the electricity sector is climate—and it is happening. We un- United States Circuit Judge for the District complicated, but what we want to do— derstand it. of Columbia Circuit. many of us here—is to say: If you put I saw a movie, ‘‘Chasing Ice.’’ O God, Harry Reid, Patrick J. Leahy, Barbara Boxer, Benjamin L. Cardin, Robert P. a price on carbon, it will move us away if you have not seen it, I suggest you watch it. This is a great photographer Casey, Jr., Bill Nelson, Barbara A. Mi- from the dirtiest types of electricity kulski, Amy Klobuchar, Al Franken, production toward clean, clean elec- who goes to four different places, in- cluding Montana, Greenland, Iceland, Jack Reed, Sheldon Whitehouse, Rob- tricity. ert Menendez, Kirsten E. Gillibrand, That is what we are trying to do. So and Alaska. He puts these cameras up Richard Blumenthal, Max Baucus, Senator SANDERS wrote a very strong there to watch the glaciers. You see Sherrod Brown, Dianne Feinstein what happens over 2 years. These gla- bill of which I am a cosponsor. It would Mr. REID. Mr. President, I ask unan- ciers are disappearing. This is not some put a price on carbon and we would imous consent that the quorum under kind of cry for attention on my part. I take the funds we get from that price rule XXII be waived. on carbon—I think it is $20 a ton when love my grandkids, and I want them to The PRESIDING OFFICER. Without you start—and it will bring in many have a planet that is habitable for objection, it is so ordered. billions. What we will do with it is 60 them. They deserve that. They are percent of it will go to the people to going to look back to this time some- f soften the blow of higher electricity day and say: My goodness, what were prices until we have moved to clean en- they thinking? LEGISLATIVE SESSION It is not too late for us. With USA ergy. We have to move on this. Today leading the way, I think we can The PRESIDING OFFICER. The Sen- On residential and commercial build- ate will now proceed to legislative ses- ings, I have a bill to move forward turn public opinion around and get going on this issue. sion. through the GSA, the biggest landlord I yield the floor. in the country, and we can move for- The PRESIDING OFFICER. The Sen- f ward with economies to those buildings ator from New York. by making sure the windows do not let (The remarks of Mrs. GILLIBRAND MORNING BUSINESS in all that air or let all that heat es- pertaning to the introduction of S. 443 Mr. REID. Mr. President, I ask unan- cape, we can make those weather-re- are printed in today’s RECORD under imous consent that the Senate now lated improvements and we can encour- ‘‘Statements on Introduced Bills and proceed to a period of morning busi- age them to move to solar and other Joint Resolutions.’’) ness, with Senators permitted to speak ways. The industrial sector is the Mrs. GILLIBRAND. I yield the floor. for up to 10 minutes each. same. Once there is a price on carbon, I suggest the absence of a quorum. The PRESIDING OFFICER. Without they will move toward putting solar The PRESIDING OFFICER. The objection, it is so ordered. and the rest. clerk will call the roll. In closing, we have one self-inflicted The legislative clerk proceeded to f wound called the sequester. We can get call the roll. Mr. REID. Mr. President, I ask unan- TRIBUTE TO ROSSI RALENKOTTER out of it easily by working together on imous consent the order for the deficit reduction in a balanced way and quorum call be rescinded. Mr. REID. Mr. President, I rise to stop these mindless cuts that hurt the The PRESIDING OFFICER. Without recognize a milestone in Nevada his- people of our Nation, the children of objection, it is so ordered. tory as my friend Rossi Ralenkotter our Nation, the seniors of our Nation, f celebrates 40 years with the tourism in- law enforcement of our Nation—our dustry. As president of the Las Vegas EXECUTIVE SESSION busiest airports, trains, and the rest. Convention and Visitors Authority, We can avoid all that if we are smart LVCVA, Rossi has been influential in and we say we want a balanced ap- NOMINATION OF CAITLIN JOAN transforming Las Vegas into a globally proach. HALLIGAN TO BE UNITED recognized brand and an entertainment I believe if we recognize what USA STATES CIRCUIT JUDGE FOR destination. I am proud to honor him Today is saying, which is we should THE DISTRICT OF COLUMBIA today. sweat climate change because it is hap- CIRCUIT After moving to Las Vegas in 1951 pening now, if we can come together we Mr. REID. Mr. President, I have been and graduating from Bishop Gorman can move forward and do our part. We told the Republicans are not able to High School, Rossi served our Nation just heard, in the Environment and clear an agreement for consideration of in the United States Air Force. Upon Public Works Committee—I am proud the Halligan nomination. Therefore, I returning home to Southern Nevada, to chair it—we heard from four sci- move to proceed to Calendar No. 13 and he entered the tourism industry. Las entists. They were asked if we do noth- proceed in executive session to do that. Vegas hasn’t been the same since. ing what will happen. They said parts The PRESIDING OFFICER. The Rossi championed the use of research of our Nation will not exist anymore. question is on the motion to proceed. and data in developing advertising and Imagine hearing people say no more Without objection, the motion is marketing strategies for Southern Ne- Atlantic City, no more New Orleans. In agreed to. The clerk will report the vada. He helped establish the LVCVA’s Florida—you wouldn’t recognize it. nomination. research department in the early 1970’s.

VerDate Mar 15 2010 03:24 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.023 S04MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 4, 2013 CONGRESSIONAL RECORD — SENATE S1085 This innovative approach transformed isiana in introducing the Small Busi- Emergency Management Assistance advertising and marketing for the ness Disaster Recovery Act. The pur- Compact system shows how well this LVCVA. pose of this bill is to streamline certain can work. Rossi was part of the effort to bring burdensome procedures for small busi- I thank the Senator from Louisiana professional sports to Southern Nevada nesses that are affected by a Presi- and her staff for working with me and and he convinced the Triple-A baseball dentially declared disaster. This bill my staff to make sure that this legisla- affiliate in Spokane, WA, to move to would complement provisions adopted tion addresses the need for SBDCs to be Las Vegas. He worked in partnership by this body and enacted into law ear- properly reimbursed for work when with other communities to bring lier this year that the Senator from they appropriately respond to concerns NASCAR and the NBA All-Star Game Louisiana and I sponsored to improve in another state. to Southern Nevada. When the Na- FEMA procedures. Like the bill we are The reforms in this bill represent tional Finals Rodeo outgrew Oklahoma introducing today, we derived these commonsense lessons that we have City, Rossi helped persuade the event provisions from our States’ experiences learned from our constituents after ex- to make Las Vegas its new home. with Hurricane Katrina. They will not periencing the effects of some of the By the 1990s, Rossi was overseeing in- cost anything, but they will improve most severe natural disasters in our credible growth in Southern Nevada’s government services at times when Nation’s history. I urge serious consid- tourism industry and changing the face they are most critical. eration of this legislation and invite of Las Vegas from a regional gaming Through two budget-neutral provi- other Senators to cosponsor this bill. market into an international resort sions, this bill continues to improve f destination. Rossi was part of the team the way we respond and recover from that developed the most successful disasters using the lessons that we ADDITIONAL STATEMENTS tourism ad campaign in history. have learned from past disasters. Cur- Today, Las Vegas is synonymous with rent practice dictates that small busi- OBSERVING RARE DISEASE DAY ‘‘What happens here, stays here.’’ Rossi ness owners can only use their homes was named Co-Brand Marketer of the as collateral for a post-disaster loan. ∑ Mr. BROWN. Mr. President, since Year by Brandweek magazine for his The legislation’s first provision clari- 2009, the last day of February has been work with this advertising campaign. fies that the collateral requirement for observed as National Rare Disease Day Every resident of Clark County has SBA disaster loans can include busi- to raise awareness of and provide sup- benefited from Rossi’s successful mar- ness assets of actual value other than a port for Americans living with a rare keting and branding effort. Tourism primary residence. This removes a key disease or disorder. supports jobs for 370,000 Southern Ne- obstacle to small business owners who By definition, each rare disease or vada residents and generates more want to restart operations after a dis- disorder affects a small patient popu- than $41 billion for the local economy. aster but are unable or unwilling to use lation, less than 200,000 people. How- Today, 20 of the world’s 27 largest ho- their homes when they could conceiv- ever, the combined 7,000 individual rare tels and resorts are located on Las ably provide sufficient business assets diseases affect nearly 30 million Ameri- Vegas Strip. And our resorts count on as collateral for the loan. cans. Sadly, children with rare genetic Rossi and the LVCVA to help fill The bill clearly states that these as- diseases account for more than half of rooms. Under Rossi’s leadership, Las sets should be of equal or greater value the rare disease population. Vegas has also transformed itself from to the amount of the loan and ensures Many of these rare diseases are seri- a weekend destination into the number that the Small Business Administra- ous, even life-threatening: one trade show destination in North tion is responsive to the needs of small epidermolysis bullosa; progeria; mus- America for 18 consecutive years. With businesses seeking disaster loans less cular dystrophy; sickle cell anemia; the slogan ‘‘Vegas means business,’’ than the maximum allowable. I encour- Tay-Sachs; cystic fibrosis; many child- Rossi and his team have attracted and age the Small Business Administration hood cancers; and fibrodysplasia signed multiyear contracts to host to ensure that the asset requirements ossificans progressiva. major conventions from the Consumer for collateral are established in a way Patients with rare diseases face Electronics Show to the International that minimizes any potential waste, unique challenges. Too many of these Apparel show known as MAGIC. fraud, and abuse. This bill will main- conditions lack effective treatments Rossi’s magic touch and marketing and cures. And too often people with brilliance caught the attention of na- tain the traditional standards for ap- propriate collateral assets, which in- rare diseases experience challenges in tional leaders in the tourism industry. obtaining an accurate diagnosis. In ad- Last year, Rossi became the chairman cludes commercial real estate, machin- dition, there is often difficulty finding of our Nation’s largest tourism group, ery and equipment, business inventory, physicians or treatment centers with US Travel. He was appointed to the and furniture and fixtures. the necessary expertise in rare diseases Commerce Department’s Travel and The second provision included in this or disorders. Tourism Advisory Board and serves as legislation addresses assistance pro- Great strides have been made in re- a delegate to the White House Con- vided by small business development search and treatment as the result of ference on Tourism. The American centers, or SBDCs, to out-of-State the Orphan Drug Act, legislation Marketing Association and the Travel businesses. It seeks to repeal processes passed in 1983 to encourage pharma- and Tourism Research Association that discourage SBDCs to work across ceutical companies to bring treatments have both presented Rossi with a Life- State lines when doing so actually time Achievement Award. makes good sense. Sharing resources for rare diseases to market. While everyone knows that ‘‘What and knowledge across State lines is es- This year, the Rare Disease Day Res- happens in Vegas, stays in Vegas,’’ it is sential when disasters overwhelm local olution also pays tribute to the 30th my honor to make sure that what has capacity or expertise. This legislation Anniversary of the Orphan Drug Act happened on Rossi’s watch is properly has the support of the Association of and calls for us to reflect upon the suc- recognized. On behalf of the U.S. Sen- Small Business Development Centers cesses of that Act and the challenges to ate, I am proud to congratulate Rossi and the International Economic Devel- be addressed in the future to prevent, Ralenkotter on 40 years in the tourism opment Council because it encourages identify, combat, and treat rare dis- industry. All Nevadans have benefited such information and resource sharing. eases. from his leadership at the LVCVA and I am pleased to join the distinguished Rare Disease Day is also an impor- I look forward to many more years of Senator from Louisiana in encouraging tant opportunity to honor lifesaving working together. States and SBDC networks to for- advances in science and research that malize partnerships across State lines continue to transform the diagnosis, f before disasters strike. We are both treatment, and standard of care for S. 415, THE SMALL BUSINESS aware that any action or decision that many orphan diseases, thanks in no DISASTER RECOVERY ACT takes place prior to a disaster is an ac- small part to the advocacy efforts of Mr. COCHRAN. Mr. President, I am tion that does not waste time or re- the National Institutes of Health, the pleased to join the Senator from Lou- sources during a time of crisis. The medical community, patients and their

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An act to reauthorize the Violence encourage accurate and early diagnosis OF THE GOVERNMENT OF Against Women Act of 1994. of rare diseases and disorders, and help ZIMBABWE AND OTHER PERSONS f demonstrate and support a national TO UNDERMINE ZIMBABWE’S and global commitment to improve DEMOCRATIC PROCESSES OR IN- EXECUTIVE AND OTHER treatment options for individuals with STITUTIONS, AS RECEIVED DUR- COMMUNICATIONS rare diseases and disorders.∑ ING RECESS OF THE SENATE ON The following communications were MARCH 1, 2013—PM 4 f laid before the Senate, together with The PRESIDING OFFICER laid be- accompanying papers, reports, and doc- REMEMBERING BARRY HORSTMAN fore the Senate the following message uments, and were referred as indicated: ∑ Mr. PORTMAN. Mr. President, today from the President of the United EC–550. A communication from the Direc- I wish to remember Barry M. Horstman States, together with an accompanying tor of the Regulatory Management Division, Environmental Protection Agency, transmit- of Cincinnati, OH, for his dedication to report; which was referred to the Com- mittee on Banking, Housing, and ting, pursuant to law, the report of a rule en- his community and distinguished ca- titled ‘‘Fenpyrazamine; Pesticide Toler- reer in journalism. Mr. Horstman Urban Affairs: ances’’ (FRL No. 9373–9) received in the Of- passed away suddenly while working in To the Congress of the United States: fice of the President of the Senate on Feb- the newsroom of the Cincinnati Section 202(d) of the National Emer- ruary 26, 2013; to the Committee on Agri- Enquirer on February 25, 2013. gencies Act (50 U.S.C. 1622(d)) provides culture, Nutrition, and Forestry. EC–551. A communication from the Direc- Known as a ‘‘newsman’s newsman,’’ for the automatic termination of a na- Barry Horstman developed a reputa- tor of the Regulatory Management Division, tional emergency unless, within 90 Environmental Protection Agency, transmit- tion as a tough but fair investigative days prior to the anniversary date of ting, pursuant to law, the report of a rule en- reporter who showed his commitment its declaration, the President publishes titled ‘‘Pyroxasulfone; Pesticide Tolerances’’ to his community by being relentless in the Federal Register and transmits to (FRL No. 9379–9) received in the Office of the in his work. the Congress a notice stating that the President of the Senate on February 26, 2013; Horstman’s passion for journalism emergency is to continue in effect be- to the Committee on Agriculture, Nutrition, was inspired by his fourth grade teach- yond the anniversary date. In accord- and Forestry. EC–552. A communication from the Direc- er who encouraged him to write. In ance with this provision, I have sent to high school, he started a column for tor of the Regulatory Management Division, the Federal Register for publication the Environmental Protection Agency, transmit- the Western Hills High School news- enclosed notice stating that the na- ting, pursuant to law, the report of a rule en- paper called ‘‘Straight from the tional emergency declared in Executive titled ‘‘Acetochlor; Pesticide Tolerances’’ Horstman’s Mouth.’’ He went on to Order 13288 of March 6, 2003, with re- (FRL No. 9377–6) received in the Office of the earn a journalism degree from The spect to the actions and policies of cer- President of the Senate on February 26, 2013; Ohio State University. tain members of the Government of to the Committee on Agriculture, Nutrition, While a student, Horstman worked at Zimbabwe and other persons to under- and Forestry. EC–553. A communication from the Direc- the Cincinnati Post, jumpstarting his mine Zimbabwe’s democratic processes long and fruitful career in journalism. tor of the Regulatory Management Division, or institutions is to continue in effect Environmental Protection Agency, transmit- Horstman’s career included positions beyond March 6, 2013. ting, pursuant to law, the report of a rule en- as a Washington correspondent for The crisis constituted by the actions titled ‘‘Pyraflufen-ethyl; Pesticide Toler- Scripps Howard News Service, a re- and policies of certain members of the ances’’ (FRL No. 9379–6) received in the Of- porter at the Los Angeles Times, a re- Government of Zimbabwe and other fice of the President of the Senate on Feb- porter for the Cincinnati Post, and a persons to undermine Zimbabwe’s ruary 26, 2013; to the Committee on Agri- writer and supervisor for the Las Vegas democratic processes or institutions culture, Nutrition, and Forestry. EC–554. A communication from the Direc- Sun before he returned to his home- has not been resolved. These actions town to join the Cincinnati Enquirer in tor of the Regulatory Management Division, and policies continue to pose an un- Environmental Protection Agency, transmit- 2008. usual and extraordinary threat to the ting, pursuant to law, the report of a rule en- Barry covered me off and on for over foreign policy of the United States. For titled ‘‘Regulation of Fuels and Fuel Addi- 20 years, and even when I might have these reasons, I have determined that tives: Identification of Additional Qualifying wished his story had been written a lit- it is necessary to continue this na- Renewable Fuel Pathways under the Renew- tle differently, I never questioned his tional emergency and to maintain in able Fuel Standard Program’’ (FRL No. 9686– professionalism as a journalist, his force the sanctions to respond to this 3) received in the Office of the President of the Senate on February 26, 2013; to the Com- commitment to reporting the facts as threat. he saw them, and his decency and fair- mittee on Environment and Public Works. BARACK OBAMA. EC–555. A communication from the Direc- ness as a person. THE WHITE HOUSE, March 1, 2013. tor of the Regulatory Management Division, A local history buff, Horstman wrote Environmental Protection Agency, transmit- profiles of local Cincinnati area f ting, pursuant to law, the report of a rule en- newsmakers that were compiled into a titled ‘‘Approval and Promulgation of Air book published in 1999: 100 Who Made a MESSAGE FROM THE HOUSE Quality Implementation Plans; Delaware; Difference: Greater Cincinnatians Who RECEIVED DURING ADJOURNMENT The 2002 Base Year Emissions Inventory for Made a Mark on the 20th Century. He the Delaware Portion of the Philadelphia was known for his high energy and en- Nonattainment Area for the 1997 Annual Fine Particulate Matter National Ambient thusiasm in all endeavors, especially ENROLLED BILL SIGNED Air Quality Standard’’ (FRL No. 9786–4) re- for taking fantastic vacations around ceived in the Office of the President of the the globe. Under the authority of the order of Senate on February 26, 2013; to the Com- Horstman grew up on the west side of the Senate of January 3, 2013, the Sec- mittee on Environment and Public Works. Cincinnati, raised in an apartment retary of the Senate, on March 1, 2013, EC–556. A communication from the Direc- above the Glenmore Bowl, the bowling during the adjournment of the Senate, tor of the Regulatory Management Division, alley managed and later owned by his received a message from the House of Environmental Protection Agency, transmit- father, Les. He was an avid runner and Representatives announcing that the ting, pursuant to law, the report of a rule en- titled ‘‘Declaration of Prion as a Pest Under a talented bowler. Speaker has signed the following en- FIFRA; Related Amendments; and Avail- I honor Barry Horstman for his dedi- rolled bill: ability of Final Test Guidelines’’ (FRL No. cation to Cincinnati and contributions S. 47. An act to reauthorize the Violence 9372–7) received in the Office of the President to the field of journalism.∑ Against Women Act of 1994. of the Senate on February 26, 2013; to the

VerDate Mar 15 2010 01:55 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.033 S04MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 4, 2013 CONGRESSIONAL RECORD — SENATE S1087 Committee on Environment and Public bia, transmitting, pursuant to law, a report porting Amendment Act of 2012’’; to the Works. on D.C. Act 19–591, ‘‘Parkside Parcel E and J Committee on Homeland Security and Gov- EC–557. A communication from the Senior Mixed-Income Apartments Tax Abatement ernmental Affairs. Procurement Executive/Deputy Chief Acqui- Act of 2012’’; to the Committee on Homeland EC–578. A communication from the Chair- sition Officer, Office of Acquisition Policy, Security and Governmental Affairs. man of the Council of the District of Colum- General Services Administration, transmit- EC–566. A communication from the Chair- bia, transmitting, pursuant to law, a report ting, pursuant to law, the report of a rule en- man of the Council of the District of Colum- on D.C. Act 19–628, ‘‘Closing of a Public Alley titled ‘‘Federal Acquisition Regulation; bia, transmitting, pursuant to law, a report in Square 393, S.O. 11–08780, Act of 2012’’; to Technical Amendments’’ (FAC 2005–66) re- on D.C. Act 19–592, ‘‘Public Library Hours the Committee on Homeland Security and ceived in the Office of the President of the Expansion Act of 2012’’; to the Committee on Governmental Affairs. Senate on February 26, 2013; to the Com- Homeland Security and Governmental Af- EC–579. A communication from the Chair- mittee on Homeland Security and Govern- fairs. man of the Council of the District of Colum- mental Affairs. EC–567. A communication from the Chair- bia, transmitting, pursuant to law, a report EC–558. A communication from the Senior man of the Council of the District of Colum- on D.C. Act 19–629, ‘‘District Department of Procurement Executive/Deputy Chief Acqui- bia, transmitting, pursuant to law, a report Transportation DC Streetcar Amendment sition Officer, Office of Acquisition Policy, on D.C. Act 19–593, ‘‘Howard Town Center Act of 2012’’; to the Committee on Homeland General Services Administration, transmit- Real Property Tax Abatement Act of 2012’’; Security and Governmental Affairs. ting, pursuant to law, the report of a rule en- to the Committee on Homeland Security and EC–580. A communication from the Chair- titled ‘‘Federal Acquisition Regulation; Ex- Governmental Affairs. man of the Council of the District of Colum- tension of Authority for Use of Simplified EC–568. A communication from the Chair- bia, transmitting, pursuant to law, a report Acquisition Procedures for Certain Commer- man of the Council of the District of Colum- on D.C. Act 19–630, ‘‘Reckless Driving cial Items’’ (FAC 2013–007) received in the Of- bia, transmitting, pursuant to law, a report Amendment Act of 2012’’; to the Committee fice of the President of the Senate on Feb- on D.C. Act 19–610, ‘‘Ignition Interlock on Homeland Security and Governmental Af- ruary 26, 2013; to the Committee on Home- Amendment Act of 2012’’; to the Committee fairs. land Security and Governmental Affairs. on Homeland Security and Governmental Af- EC–581. A communication from the Chair- EC–559. A communication from the Senior fairs. man of the Council of the District of Colum- Procurement Executive/Deputy Chief Acqui- EC–569. A communication from the Chair- bia, transmitting, pursuant to law, a report sition Officer, Office of Acquisition Policy, man of the Council of the District of Colum- on D.C. Act 19–631, ‘‘Public Vehicle-for-Hire General Services Administration, transmit- bia, transmitting, pursuant to law, a report Innovation Amendment Act of 2012’’; to the ting, pursuant to law, the report of a rule en- on D.C. Act 19–611, ‘‘Chuck Brown Park Des- Committee on Homeland Security and Gov- titled ‘‘Federal Acquisition Regulation; ignation Act of 2012’’; to the Committee on ernmental Affairs. Changes to Time-and-Materials and Labor- Homeland Security and Governmental Af- EC–582. A communication from the Chair- Hour Contracts and Orders’’ (FAC 2011–025) fairs. man of the Council of the District of Colum- received in the Office of the President of the EC–570. A communication from the Chair- bia, transmitting, pursuant to law, a report Senate on February 26, 2013; to the Com- man of the Council of the District of Colum- on D.C. Act 19–633, ‘‘Regulation of Body Art- mittee on Homeland Security and Govern- bia, transmitting, pursuant to law, a report ists and Body Art Establishments Clarifying mental Affairs. on D.C. Act 19–612, ‘‘Breath Test Admissi- Amendments Act of 2012’’; to the Committee EC–560. A communication from the Senior bility in Criminal Proceedings Amendment on Homeland Security and Governmental Af- Procurement Executive/Deputy Chief Acqui- Act of 2012’’; to the Committee on Homeland fairs. sition Officer, Office of Acquisition Policy, Security and Governmental Affairs. EC–583. A communication from the Chair- General Services Administration, transmit- EC–571. A communication from the Chair- man of the Council of the District of Colum- ting, pursuant to law, the report of a rule en- man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report titled ‘‘Federal Acquisition Regulation; Defi- bia, transmitting, pursuant to law, a report on D.C. Act 19–634, ‘‘Excise Tax Amendment nition of Contingency Operation’’ (FAC 2013– on D.C. Act 19–590, ‘‘Neighborhood Con- Act of 2012’’; to the Committee on Homeland 003) received in the Office of the President of tractor Daytime Parking Permit Act of Security and Governmental Affairs. the Senate on February 26, 2013; to the Com- 2012’’; to the Committee on Homeland Secu- EC–584. A communication from the Chair- mittee on Homeland Security and Govern- man of the Council of the District of Colum- mental Affairs. rity and Governmental Affairs. EC–561. A communication from the Senior EC–572. A communication from the Chair- bia, transmitting, pursuant to law, a report Procurement Executive/Deputy Chief Acqui- man of the Council of the District of Colum- on D.C. Act 19–637, ‘‘Affordable Dwelling Unit sition Officer, Office of Acquisition Policy, bia, transmitting, pursuant to law, a report Hardship Waiver Temporary Act of 2012’’; to General Services Administration, transmit- on D.C. Act 19–613, ‘‘Grandparent Caregivers the Committee on Homeland Security and ting, pursuant to law, the report of a rule en- Program Amendment Act of 2012’’; to the Governmental Affairs. titled ‘‘Federal Acquisition Regulation; Fed- Committee on Homeland Security and Gov- EC–585. A communication from the Chair- eral Acquisition Circular 2005–66; Introduc- ernmental Affairs. man of the Council of the District of Colum- tion’’ (FAC 2005–66) received in the Office of EC–573. A communication from the Chair- bia, transmitting, pursuant to law, a report the President of the Senate on February 26, man of the Council of the District of Colum- on D.C. Act 19–638, ‘‘Pipefitting, Refrigera- 2013; to the Committee on Homeland Secu- bia, transmitting, pursuant to law, a report tion and Air Conditioning Mechanic Occupa- rity and Governmental Affairs. on D.C. Act 19–615, ‘‘Sustainable DC Amend- tions Equality Act of 2012’’; to the Com- EC–562. A communication from the Senior ment Act of 2012’’; to the Committee on mittee on Homeland Security and Govern- Procurement Executive/Deputy Chief Acqui- Homeland Security and Governmental Af- mental Affairs. sition Officer, Office of Acquisition Policy, fairs. EC–586. A communication from the Chair- General Services Administration, transmit- EC–574. A communication from the Chair- man of the Council of the District of Colum- ting, pursuant to law, the report of a rule en- man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report titled ‘‘Federal Acquisition Regulation; bia, transmitting, pursuant to law, a report on D.C. Act 19–639, ‘‘Department of Parks Small Entity Compliance Guide’’ (FAC 2005– on D.C. Act 19–616, ‘‘Controlled Substance, and Recreation Revenue Generation Clari- 66) received in the Office of the President of Alcohol Testing, Criminal Background fication Amendment Act of 2012’’; to the the Senate on February 26, 2013; to the Com- Check and Background Investigation Tem- Committee on Homeland Security and Gov- mittee on Homeland Security and Govern- porary Amendment Act of 2012’’; to the Com- ernmental Affairs. mental Affairs. mittee on Homeland Security and Govern- EC–587. A communication from the Chair- EC–563. A communication from the General mental Affairs. man of the Council of the District of Colum- Counsel, National Mediation Board, trans- EC–575. A communication from the Chair- bia, transmitting, pursuant to law, a report mitting, pursuant to law, the report of a rule man of the Council of the District of Colum- on D.C. Act 19–640, ‘‘Foster Youth State- entitled ‘‘Representation Procedures and bia, transmitting, pursuant to law, a report ments of Rights and Responsibilities Amend- Rulemaking Authority’’ (RIN3140–AZ01) re- on D.C. Act 19–625, ‘‘Access to Justice for ment Act of 2012’’; to the Committee on ceived in the Office of the President of the Bicyclists Act of 2012’’; to the Committee on Homeland Security and Governmental Af- Senate on February 14, 2013; to the Com- Homeland Security and Governmental Af- fairs. mittee on Homeland Security and Govern- fairs. EC–588. A communication from the Chair- mental Affairs. EC–576. A communication from the Chair- man of the Council of the District of Colum- EC–564. A communication from the Chair- man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report on D.C. Act 19–641, ‘‘Criminal Fine Propor- bia, transmitting, pursuant to law, a report on D.C. Act 19–626, ‘‘Greater Mount Calvary tionality Amendment Act of 2012’’; to the on D.C. Act 19–589, ‘‘The Elizabeth Ministry, Way Designation Act of 2012’’; to the Com- Committee on Homeland Security and Gov- Inc. Affordable Housing Initiatives Real mittee on Homeland Security and Govern- ernmental Affairs. Property Tax Relief Act of 2012’’; to the mental Affairs. EC–589. A communication from the Chair- Committee on Homeland Security and Gov- EC–577. A communication from the Chair- man of the Council of the District of Colum- ernmental Affairs. man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report EC–565. A communication from the Chair- bia, transmitting, pursuant to law, a report on D.C. Act 19–642, ‘‘Basic Business License man of the Council of the District of Colum- on D.C. Act 19–627, ‘‘Child Sexual Abuse Re- Renewal Amendment Act of 2012’’; to the

VerDate Mar 15 2010 01:55 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.007 S04MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1088 CONGRESSIONAL RECORD — SENATE March 4, 2013 Committee on Homeland Security and Gov- By Mr. NELSON (for himself and Mrs. curity Act (42 U.S.C. 1315) with respect to the ernmental Affairs. MCCASKILL): Temporary Assistance for Needy Families EC–590. A communication from the Chair- S. 436. A bill to require that the salaries of program; to the Committee on Finance. man of the Council of the District of Colum- Members of Congress be sequestered during f bia, transmitting, pursuant to law, a report any sequester under the Balanced Budget on D.C. Act 19–643, ‘‘Autonomous Vehicle Act and Emergency Deficit Control Act of 1985; ADDITIONAL COSPONSORS of 2012’’; to the Committee on Homeland Se- to the Committee on the Budget. S. 117 By Mr. MENENDEZ: curity and Governmental Affairs. At the request of Ms. KLOBUCHAR, the S. 437. A bill to authorize the Department EC–591. A communication from the Chair- name of the Senator from Maine (Mr. man of the Council of the District of Colum- of Housing and Urban Development to trans- bia, transmitting, pursuant to law, a report form neighborhoods of extreme poverty into KING) was added as a cosponsor of S. on D.C. Act 19–644, ‘‘New and Used Tire Deal- sustainable, mixed-income neighborhoods 117, a bill to amend part D of title er License Act of 2012’’; to the Committee on with access to economic opportunities, by re- XVIII of the Social Security Act to re- Homeland Security and Governmental Af- vitalizing severely distressed housing, and quire the Secretary of Health and fairs. investing and leveraging investments in Human Services to negotiate covered EC–592. A communication from the Chair- well-functioning services, education opportu- part D drug prices on behalf of Medi- man of the Council of the District of Colum- nities, public assets, public transportation, care beneficiaries. and improved access to jobs; to the Com- bia, transmitting, pursuant to law, a report S. 172 on D.C. Act 19–645, ‘‘Department of Parks mittee on Health, Education, Labor, and At the request of Mr. MERKLEY, the and Recreation Fee-based Use Permit Au- Pensions. thority Amendment Act of 2012’’; to the By Mr. REID (for Mr. BEGICH): name of the Senator from Massachu- Committee on Homeland Security and Gov- S. 438. A bill to amend the Internal Rev- setts (Ms. WARREN) was added as a co- ernmental Affairs. enue Code of 1986 to provide a tax credit for sponsor of S. 172, a bill to amend the EC–593. A communication from the Chair- professional school personnel in early child- Truth in Lending Act to address cer- man of the Council of the District of Colum- hood education, to expand the deduction for tain issues related to the extension of bia, transmitting, pursuant to law, a report certain expenses of teachers to teachers in consumer credit, and for other pur- on D.C. Act 19–646, ‘‘Pre-litigation Discovery early childhood education, and to modify the poses. credit for dependent care services; to the of Insurance Coverage Amendment Act of S. 209 2012’’; to the Committee on Homeland Secu- Committee on Finance. At the request of Mr. PAUL, the name rity and Governmental Affairs. By Mr. REID (for Mr. BEGICH): EC–594. A communication from the Chair- S. 439. A bill to amend the Elementary and of the Senator from Idaho (Mr. CRAPO) man of the Council of the District of Colum- Secondary Education Act of 1965 by estab- was added as a cosponsor of S. 209, a bia, transmitting, pursuant to law, a report lishing a program to support the moderniza- bill to require a full audit of the Board on D.C. Act 19–647, ‘‘Consumer Protection tion, renovation, or repair of career and of Governors of the Federal Reserve Act of 2012’’; to the Committee on Homeland technical education facilities, and for other System and the Federal reserve banks Security and Governmental Affairs. purposes; to the Committee on Health, Edu- by the Comptroller General of the EC–595. A communication from the Chair- cation, Labor, and Pensions. United States, and for other purposes. By Mr. REID (for Mr. BEGICH): man of the Council of the District of Colum- S. 217 bia, transmitting, pursuant to law, a report S. 440. A bill to amend the Higher Edu- At the request of Mrs. MURRAY, the on D.C. Act 19–648, ‘‘Workforce Job Develop- cation Act of 1965 to provide for loan forgive- ment Grant-Making Authority Act of 2012’’; ness for early childhood educators, and for name of the Senator from Illinois (Mr. to the Committee on Homeland Security and other purposes; to the Committee on Health, DURBIN) was added as a cosponsor of S. Governmental Affairs. Education, Labor, and Pensions. 217, a bill to amend the Elementary EC–596. A communication from the Dis- By Mr. REID (for Mr. BEGICH): and Secondary Education Act of 1965 to S. 441. A bill to amend the Elementary and trict of Columbia Auditor, transmitting, pur- require the Secretary of Education to Secondary Education Act of 1965 by estab- suant to law, a report entitled, ‘‘Audit of the collect information from coeducational lishing a program to provide professional de- District’s Workforce Development Pro- velopment activities for educators, and for elementary schools and secondary grams’’; to the Committee on Homeland Se- other purposes; to the Committee on Health, schools on such schools’ athletic pro- curity and Governmental Affairs. Education, Labor, and Pensions. grams, and for other purposes. f By Mr. REID (for Mr. BEGICH): S. 218 S. 442. A bill to establish a program to pro- REPORTS OF COMMITTEES At the request of Mr. LEVIN, the vide child care through public-private part- name of the Senator from Maine (Mr. The following reports of committees nerships; to the Committee on Health, Edu- KING) was added as a cosponsor of S. were submitted: cation, Labor, and Pensions. 218, a bill to ensure that amounts cred- By Mr. LEAHY (for himself, Ms. COL- By Mr. JOHNSON of South Dakota, from ited to the Harbor Maintenance Trust LINS, Mr. DURBIN, Mrs. GILLIBRAND, the Committee on Banking, Housing, and Fund are used for harbor maintenance. Urban Affairs: Mr. KIRK, Mr. BLUMENTHAL, and Mr. S. 230 Special Report entitled ‘‘Report on the Ac- KING): S. 443. A bill to increase public safety by At the request of Mr. PORTMAN, the tivities of the Committee on Banking, Hous- punishing and deterring firearms trafficking; ing, and Urban Affairs of the United States name of the Senator from Alaska (Mr. to the Committee on the Judiciary. Senate During the 112th Congress pursuant BEGICH) was added as a cosponsor of S. By Ms. COLLINS (for herself and Mr. to Rule XXVI of the Standing Rules of the 230, a bill to authorize the Peace Corps KING): United States Senate’’ (Rept. No. 113–2). Commemorative Foundation to estab- S. 444. A bill making appropriations for the f Department of Defense for the fiscal year lish a commemorative work in the Dis- ending September 30, 2013, and for other pur- trict of Columbia and its environs, and INTRODUCTION OF BILLS AND poses; to the Committee on Appropriations. for other purposes. JOINT RESOLUTIONS By Mr. FRANKEN (for himself, Mr. S. 237 The following bills and joint resolu- LEAHY, Mr. BLUMENTHAL, Mr. COONS, At the request of Mr. JOHNSON of tions were introduced, read the first Mr. WHITEHOUSE, Ms. KLOBUCHAR, Mr. South Dakota, the name of the Senator GRAHAM, and Mr. BOOZMAN): from Minnesota (Ms. KLOBUCHAR) was and second times by unanimous con- S. 445. A bill to improve security at State sent, and referred as indicated: added as a cosponsor of S. 237, a bill to and local courthouses; to the Committee on amend the Public Health Service Act By Mr. BAUCUS (for himself and Mr. the Judiciary. TESTER): By Mr. HATCH (for himself, Mr. BURR, to reauthorize and extend the Fetal Al- S. 434. A bill to authorize and implement Mr. THUNE, Mr. GRASSLEY, Mr. ROB- cohol Syndrome prevention and serv- the water rights compact among the Black- ERTS, Mr. ENZI, Mr. CORNYN, Mr. ices program, and for other purposes. feet Tribe of the Blackfeet Indian Reserva- ISAKSON, Mr. TOOMEY, and Mr. S. 294 tion and the State of Montana, and for other CRAPO): At the request of Mr. TESTER, the purposes; to the Committee on Indian Af- S.J. Res. 9. A joint resolution providing for name of the Senator from Alaska (Ms. fairs. congressional disapproval under chapter 8 of MURKOWSKI) was added as a cosponsor By Mr. MENENDEZ: title 5, United States Code, of the rule sub- S. 435. A bill to ban the exportation of mitted by the Office of Family Assistance of of S. 294, a bill to amend title 38, crude oil or refined petroleum products de- the Administration for Children and Fami- United States Code, to improve the dis- rived from Federal land, and for other pur- lies of the Department of Health and Human ability compensation evaluation proce- poses; to the Committee on Banking, Hous- Services relating to waiver and expenditure dure of the Secretary of Veterans Af- ing, and Urban Affairs. authority under section 1115 of the Social Se- fairs for veterans with mental health

VerDate Mar 15 2010 01:55 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.009 S04MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 4, 2013 CONGRESSIONAL RECORD — SENATE S1089 conditions related to military sexual sor of S. 359, a bill to amend the Con- United States is essential to the sur- trauma, and for other purposes. trolled Substances Act to exclude in- vival and success of communities in S. 296 dustrial hemp from the definition of the United States. At the request of Mr. LEAHY, the marihuana, and for other purposes. f names of the Senator from New York S. 367 STATEMENTS ON INTRODUCED (Mrs. GILLIBRAND) and the Senator At the request of Mr. CARDIN, the BILLS AND JOINT RESOLUTIONS from Maryland (Mr. CARDIN) were name of the Senator from Iowa (Mr. added as cosponsors of S. 296, a bill to HARKIN) was added as a cosponsor of S. By Mr. NELSON (for himself and amend the Immigration and Nation- 367, a bill to amend title XVIII of the Mrs. MCCASKILL): ality Act to eliminate discrimination Social Security Act to repeal the Medi- S. 436. A bill to require that the sala- in the immigration laws by permitting care outpatient rehabilitation therapy ries of Members of Congress be seques- permanent partners of United States caps. tered during any sequester under the Balanced Budget and Emergency Def- citizens and lawful permanent resi- S. 369 icit Control Act of 1985; to the Com- dents to obtain lawful permanent resi- At the request of Mr. RUBIO, the dent status in the same manner as mittee on the Budget. name of the Senator from South Da- Mr. NELSON of Florida. Mr. Presi- spouses of citizens and lawful perma- kota (Mr. THUNE) was added as a co- nent residents and to penalize immi- dent, I, like many of my colleagues, sponsor of S. 369, a bill to amend title have just flown in our Nation’s air- gration fraud in connection with per- 18, United States Code, to prohibit tak- manent partnerships. ways, going through a fairly crowded ing minors across State lines in cir- airport in Florida, coming into a S. 309 cumvention of laws requiring the in- crowded airport here in Washington, At the request of Mr. HARKIN, the volvement of parents in abortion deci- and in 30 days those TSA lines are names of the Senator from Vermont sions. going to get longer. (Mr. LEAHY) and the Senator from S. 375 For the international flights, I and Idaho (Mr. RISCH) were added as co- At the request of Mr. TESTER, the others have worked very hard to get sponsors of S. 309, a bill to award a name of the Senator from Alaska (Ms. additional customs agents to cut the Congressional Gold Medal to the World MURKOWSKI) was added as a cosponsor time it takes to process our inter- War II members of the Civil Air Patrol. of S. 375, a bill to require Senate can- national visitors. In airports such as S. 316 didates to file designations, state- Miami and Orlando where there is At the request of Mr. SANDERS, the ments, and reports in electronic form. quite a bit of international traffic, get- name of the Senator from Massachu- S. 379 ting those additional customs folks has setts (Ms. WARREN) was added as a co- At the request of Mr. RUBIO, the meant a great deal because we even sponsor of S. 316, a bill to recalculate name of the Senator from Georgia (Mr. had some airlines that would come in, and restore retirement annuity obliga- CHAMBLISS) was added as a cosponsor of for example, to Orlando, and they tions of the United States Postal Serv- S. 379, a bill to rescind $45 billion of un- would have to keep the international ice, to eliminate the requirement that obligated discretionary appropriations, passengers on the airplane for upwards the United States Postal Service and for other purposes. of an hour before they could get off the prefund the Postal Service Retiree S. 399 airplane so that there was room, with Health Benefits Fund, to place restric- At the request of Mr. HATCH, the the personnel available. tions on the closure of postal facilities, name of the Senator from Louisiana Well, you see where I am going, be- to create incentives for innovation for (Mr. VITTER) was added as a cosponsor cause all of that is going to change un- the United States Postal Service, to of S. 399, a bill to protect American job less—as the Good Book says, come, let maintain levels of postal service, and creation by striking the Federal man- us reason together. Unless our sharply for other purposes. date on employers to offer health in- divided politics—be it partisan, be it S. 325 surance. ideological—unless we can come to- gether and reach consensus to stop this At the request of Mr. TESTER, the S. 415 ridiculous thing that went into effect names of the Senator from South Da- At the request of Ms. LANDRIEU, the last Friday called the sequester, which kota (Mr. JOHNSON) and the Senator name of the Senator from Mississippi was never intended to go into effect, from Oregon (Mr. WYDEN) were added (Mr. WICKER) was added as a cosponsor but because of the inability of the par- as cosponsors of S. 325, a bill to amend of S. 415, a bill to clarify the collateral ties to come together, in fact, it is in title 38, United States Code, to increase requirement for certain loans under effect, and it is cutting, in an indis- the maximum age for children eligible section 7(d) of the Small Business Act, criminate way, like a meat cleaver for medical care under the CHAMPVA to address assistance to out-of-State across the board. program, and for other purposes. small business concerns, and for other In certain agencies, such as the De- S. 326 purposes. partment of Transportation, it even At the request of Mrs. BOXER, the S. 429 gets exacerbated because the cuts can name of the Senator from Minnesota At the request of Mr. NELSON, the only occur in certain accounts. Thus, (Ms. KLOBUCHAR) was added as a co- name of the Senator from Delaware civilian employees are going to be fur- sponsor of S. 326, a bill to reauthorize (Mr. COONS) was added as a cosponsor loughed. 21st century community learning cen- of S. 429, a bill to enable concrete ma- It is also happening in the Depart- ters, and for other purposes. sonry products manufacturers to estab- ment of Defense. In my State of Flor- S. 338 lish, finance, and carry out a coordi- ida alone, there are going to be 31,000 At the request of Mr. BAUCUS, the nated program of research, education, defense civilian employees who are name of the Senator from Minnesota and promotion to improve, maintain, going to be furloughed. What does a (Ms. KLOBUCHAR) was added as a co- and develop markets for concrete ma- furlough mean? It means that after the sponsor of S. 338, a bill to amend the sonry products. 30-day notice, so about 30 days from Land and Water Conservation Fund S. RES. 26 now, that number of employees—in Act of 1965 to provide consistent and At the request of Mr. MORAN, the this example, in the Defense Depart- reliable authority for, and for the fund- names of the Senator from Montana ment—is going to be laid off 1 day a ing of, the land and water conservation (Mr. BAUCUS), the Senator from Iowa week, under the law, for up to a max- fund to maximize the effectiveness of (Mr. GRASSLEY), the Senator from Ar- imum of 22 weeks. Is that in the inter- the fund for future generations, and for kansas (Mr. BOOZMAN) and the Senator est of national security? Of course not. other purposes. from Oklahoma (Mr. INHOFE) were Why is it exacerbated in the Depart- S. 359 added as cosponsors of S. Res. 26, a res- ment of Defense? Because the existing At the request of Mr. WYDEN, the olution recognizing that access to hos- appropriations law—remember, we are name of the Senator from Vermont pitals and other health care providers not operating on a current law; we are (Mr. SANDERS) was added as a cospon- for patients in rural areas of the operating on last year’s appropriations

VerDate Mar 15 2010 01:55 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MR6.011 S04MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1090 CONGRESSIONAL RECORD — SENATE March 4, 2013 law. That has so constrained the man- agreement. All it needed was one vote. fort and help answer the call from agers—in other words, the Secretary, Instead of a 6-to-6 deadlock it would Gabrielle Giffords and so many Ameri- the Deputy Secretary—that they can’t have been 7 to 5. It did not happen, and cans for us to take action. move the money around, and what they here we are a year and a half later. I want to commend the senior Sen- are having to do is to take the seques- What is good for the goose is good for ator from Maine, Senator COLLINS, for ter cuts out of operations and mainte- the gander. If you are going to dock her leadership on this matter and for nance instead of out of acquisitions of Federal workers’ pay because you are her willingness to work across the aisle systems or programs. That is the worst going to force them into a furlough to make real progress. She helped unite possible place—out of operations and which was never intended, is not ra- us to get this done. Without her, we maintenance. tional policy, is not good administra- would not have made the progress we Now, I am an optimist. I couldn’t be tion, then you are going to be docked have, or be in position to consider this in this business if I were not an opti- your own pay. comprehensive response to what law mist. I have ultimate faith in the This is not pontificating. Again, I say enforcement has told us they need. American people. And I know every one I hope this never passes because I hope This week, the Senate Judiciary of these Senators here, from the ex- it is moot. But it is trying to bring into Committee will continue our consider- treme left to the extreme right, are all focus just how ridiculous the goings-on ation of four measures to reduce gun good people, and there can be con- here are right now. So I am very hope- violence. The issue of gun trafficking sensus found if everybody would get ful. and straw purchasing is before the out of their little silos and realize the I say I love the Members of the Sen- Committee. I will amend my original greater good. ate, every one of these Members of the trafficking bill that is pending on the Senator CLAIRE MCCASKILL and I Senate. I have a great relationship Committee agenda with the text of this want to help them, so we are filing a with almost every one of these Sen- bipartisan compromise, which com- bill today. Since this was never in- ators. They are all good people. We bines the proposals that I put forward tended and all these civilian Federal need to come together, give a strong with Senator DURBIN at the beginning employees are going to be furloughed, statement of consensus building, and of this Congress as well as proposals our bill will say that Members of Con- then send it down there to the House that have been championed by Senator gress will get docked the same percent- and tell them they have to get off the GILLIBRAND and Senator KIRK. Our sub- age of their pay that the furloughed dime. stitute amendment will improve the workers are docked in the percentage language already pending before the of their pay. By Mr. LEAHY (for himself, Ms. Committee. As I did before introducing Now, the question is, Will this pass? COLLINS, Mr. DURBIN, Mrs. any measure related to gun violence I hope it doesn’t pass because I hope it GILLIBRAND, Mr. KIRK, Mr. this year, I also hope to continue my is not necessary to pass. We have 30 BLUMENTHAL, and Mr. KING): outreach to the Judiciary Committee’s days of notice before the furloughs S. 443. A bill to increase public safety Ranking Member. I invite Senator take place. I am certainly hopeful that by punishing and deterring firearms GRASSLEY and other members of the happens by the end of this month, trafficking; to the Committee on the Committee from both sides of the aisle clearly by the time of March 27 when Judiciary. to join with us so that I can report this the existing appropriations bill—which Mr. LEAHY. Today I am proud to in- measure with strong bipartisan support is last year’s appropriation—ceases to troduce modified legislation to combat and without delay for consideration by exist and the government can come to the practice of straw purchasing and il- the Senate. a screeching halt unless we continue legal trafficking in firearms. Since my Law enforcement officials have com- the appropriations for the remainder of initial introduction of the Stop Illegal plained for years that they lack the the fiscal year. Trafficking in Firearms Act at the legal tools necessary effectively to I am hopeful our legislation will not very beginning of the 113th Congress on combat illegal straw purchasing and pass, but somebody needs to under- January 22, I have had productive con- firearms trafficking. Congressional in- stand how ridiculous this whole thing versations with several Senators who quiry during the last Congress put a is. Conservatives want to cut spending. share my goal of reducing this destruc- spotlight on the very difficult legal en- You can do it in a more intelligent and tive criminal conduct. Today I am vironment within which law enforce- rational way. If we are going to get se- pleased to be joined by Senator COL- ment officials currently operate. In rious about $4 trillion of deficit reduc- LINS, Senator DURBIN, Senator KIRK, fact, one of the whistleblowers who tes- tion over the decade—and we have al- Senator GILLIBRAND, and Senator tified about the misguided tactics used ready enacted policies that will take us BLUMENTHAL. These Senators under- by Federal law enforcement in firearms down about 2.5 trillion of deficit reduc- stand the weaknesses in our current trafficking investigations in Arizona tion—we have about $1.5 trillion to go law and the challenges faced by law en- described the current laws as ‘‘tooth- in enacting policies over that decade forcement officials. I thank them for less.’’ If we are to address gun violence, and we ought to be able to do that in a their commitment to this legislation, we should respond to this clear vulner- nanosecond. for their support of law enforcement, ability that is being exploited by Senator MCCASKILL and I want to try and for their cooperation in making criminals. to help nudge the process along. What progress in our collective efforts to The Stop Illegal Trafficking in Fire- is good for the goose is good for the prevent and reduce gun violence. arms Act will make important changes gander. You are going to dock all of I hope that as other Senators on both to Federal firearms statutes that will these civilian employees who have sides of the aisle become more familiar better equip law enforcement officials lives, who have families, who have chil- with our bipartisan proposal, they will to investigate and prosecute the all- dren, who have expenses, who need to understand how it provides law en- too-common practices of straw pur- buy milk and so forth and so on. You forcement with the tools they need to chasing and illegal trafficking of fire- are going to dock them their pay be- go after those who engage in the straw arms. Straw purchases typically in- cause of the inability of the Members purchasing and illegal trafficking of volve a person, who is not prohibited of Congress to get together to do what firearms. The practice of straw pur- by Federal law, purchasing a firearm should have been done, by the way, a chasing is used for one thing to put on behalf of a prohibited person, or at year and a half ago when this whole firearms into the hands of those that the direction of a drug trafficking or thing was enacted. The meat cleaver are prohibited by law from having other criminal organization. These sequester was put there because it was them. Many are then used to further practices result in the support of larger so ridiculous that surely it would en- violent crimes. criminal organizations, and the ille- courage, a year and a half ago, the I have heard again and again from gally obtained guns are often sold and supercommittee of six from the House, Senators on both sides of the aisle that re-sold across state lines. This traf- six from the Senate, half and half of keeping guns away from those who ficking in firearms results in the pro- each party—surely it was going to en- should not have them is a goal worth liferation of illegal firearms and gun courage them to come together in pursuing. This bill will further that ef- violence in our communities. Straw

VerDate Mar 15 2010 01:55 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.007 S04MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 4, 2013 CONGRESSIONAL RECORD — SENATE S1091 purchasers circumvent the purposes of The problems of gun trafficking and The practice of straw purchasing is the background check system, and straw purchasers, particularly along intended to achieve one result—to put they put law enforcement officials and the Southwest border, are matters we a gun in the hands of a criminal. These law-abiding firearms dealers in dif- have been talking about for years. Sen- individuals are easily exploiting cur- ficult positions. Gun trafficking and ator DURBIN chaired a hearing on bor- rently weak Federal laws to obtain straw purchasing make our commu- der violence back in early 2009. Law en- guns. nities less safe. forcement officials have called for a Peter Forcelli, ATF Supervisory Spe- Under current law, there is no spe- firearms trafficking statute that can cial Agent and Fast and Furious whis- cific statute that makes it illegal to be effective to go after straw pur- tleblower, told the House Oversight act as a straw purchaser of firearms. chasers. That is something agents did and Government Reform Committee in Nor is there a law directly on point to not have when they initiated Operation June of 2011 that: ‘‘Some people view address the illegal trafficking of fire- Wide Receiver during the Bush admin- [the current penalties for straw pur- arms. As a result, prosecutors must istration and later the disastrous Fast chasing] as no more consequential than cobble together charges against a and Furious effort. Their frustration doing 65 in a 55 zone.’’ straw purchaser using so-called ‘‘paper- with the limits of the current law con- These guns are frequently sold, re- work’’ violations such as misrepresen- tributed to their looking for another sold, and trafficked across State lines, tations on a Federal form. These laws way to make a difference in their fight resulting in the proliferation of illegal are imperfect, and do not give prosecu- against gun trafficking. Their initia- firearms in our communities. This has tors the leverage needed to encourage tive was a failure. What we need to do also fueled the violence across our straw buyers, often the lowest rungs on now is to create better law enforce- southern border associated with Mexi- a ladder in a criminal enterprise, to ment tools. I hope that those who have can drug cartels as well as gang vio- provide the information needed for in- been concerned about Fast and Furi- lence in our cities. vestigators and prosecutors to go after ous, whose investigation established Straw purchasing and gun trafficking those directing and profiting from such that it was the local ATF agents in Ar- put guns in the hands of criminals. Ac- activity. izona who initiated and so poorly im- cording to the ATF, of the nearly 94,000 The bipartisan bill we introduce plemented that effort, will join with us firearms that have been recovered in today will add two new provisions to to close the loophole in the law that Mexico in the last 5 years, more than our Federal criminal code to specifi- Mexican drug cartels are continuing to 64,000 were sourced to the United cally prohibit serving as a straw pur- exploit. States. Similarly, a large percentage of chaser of firearms and trafficking in Our bill was drafted at the request of the guns used in crimes in our largest firearms. The bill establishes tough law enforcement. It will provide needed cities were trafficked across State penalties for these offenses in an effort tools to fight against the drug cartels lines. to punish and importantly, deter this and other criminals who threaten our The congressional inquiry into the conduct. We need a meaningful solu- communities. It will not undermine the ATF’s Wide Receiver and Fast and Fu- tion to this serious problem. Talk Second Amendment rights of lawful rious investigations revealed how dif- about prosecuting mere paperwork of- gun owners. It has the support of many ficult it is for law enforcement officials fenses is no answer. law enforcement organizations—both to deter and punish these crimes effec- Under current law, it is a crime to leadership and rank and file. Indeed, tively. transfer a firearm to another with the the original bill I introduced with Sen- Current loopholes in Federal law knowledge that the firearm will be ator DURBIN has been supported by the make preventing and prosecuting these used in criminal activity. This bill National Fraternal Order of Police, the offenses very difficult for law enforce- would strengthen this existing law by National Law Enforcement Partnership ment officials. Right now, a straw pur- prohibiting such a transfer where the to Prevent Gun Violence, the Federal chaser can only be prosecuted for lying transferor has ‘‘reasonable cause to be- Law Enforcement Officers Association, on a Federal form, which is treated as lieve’’ that the firearm will be used in the International Association of Chiefs a paperwork violation. criminal activity. We listened to con- of Police, the Major Cities Chiefs Asso- Because straw purchasers by defini- cerns about family members who give ciation, the National District Attor- tion are nonprohibited persons and can firearms as gifts and other transfers neys Association, and the Police Exec- lawfully purchase a firearm, pros- that are not designed to get around the utive Research Forum. I urge everyone ecuting these individuals is difficult existing background check system. As who cares about keeping firearms out and any potential punishment is likely a result, the bill contains important of the hands of criminals to join in this to be minimal. exemptions for the innocent transfer of effort. Because of these weak laws, prosecu- a firearm as a gift, or in relation to a We have an obligation to find solu- tors have minimal leverage over straw legitimate raffle, auction or contest. tions to reduce gun violence and I purchasers who, in turn, have little in- Another key provision of our bipar- thank these Senators for their strong centive to cooperate and assist law en- tisan bill is that it complements exist- leadership. We can do this in a way forcement in investigating trafficking ing law that makes it a crime to smug- consistent with the rights guaranteed crimes and crimes involving gun vio- gle firearms into the United States by by the Second Amendment. I believe lence. For years, law enforcement has specifically prohibiting the smuggling our bipartisan legislation meets those been asking Congress for better tools of firearms out of the United States. In goals. As Chairman of the Judiciary to crack down on this type of criminal light of what we know is occurring, Committee, a Senator, a Vermonter, an conduct. particularly on our Southwest border, American, a father and a grandfather, I It is time to give law enforcement this is an important improvement to look forward to continuing our the tools it needs to combat this activ- current law and another tool that was progress on this important legislation. ity effectively. needed but missing over the last few The PRESIDING OFFICER. The Sen- Our bill reflects a combination of ad- years. ator from Maine. vice from law enforcement officials and The provisions laid out in our legisla- Ms. COLLINS. Mr. President, let me leadership by many Senators. It gives tion are focused, commonsense rem- begin my remarks by thanking the dis- law enforcement officials the com- edies to the very real problems of fire- tinguished chairman of the Judiciary prehensive framework they have been arms trafficking and straw purchasing. Committee for his very gracious com- seeking from Congress. Our bill does not affect lawful pur- ments and for his extraordinary leader- First, the bill creates new, specific chases from Federal firearms licensees, ship on a bill that I believe can bring criminal offenses for straw purchasing and in no way alters their rights and all of us together. and trafficking in firearms. Instead of responsibilities as sellers of a lawful I also want to thank our other co- a slap on the wrist, these crimes would commodity. I hope Federal firearms li- sponsors of the bill, particularly Sen- be punishable by up to 25 years in pris- censees welcome a stronger deterrent ator GILLIBRAND, who has had a great on. to keep criminal straw purchasers out interest in cracking down on the prac- The proposal also increases the pun- of their business. tice of straw purchasing. ishment for an individual who serves as

VerDate Mar 15 2010 02:06 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MR6.029 S04MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1092 CONGRESSIONAL RECORD — SENATE March 4, 2013 an organizer of a straw purchasing or suffers from grave gun crime all across about the senseless gun deaths in this trafficking enterprise. our State. We have gang violence. We country, this is a bill they can support. This bipartisan bill also strengthens have gun trafficking. We have straw For all the law-abiding gun owners in existing laws that make it unlawful to purchasing. Networks of weapons flow this country who support the second smuggle guns into the United States. into our State. Eighty-five percent of amendment, as I do, they can look at The bill protects legitimate private the weapons used in crimes in my this bill and say: That is a bill we are sales and is drafted to avoid sweeping State come from out of State and 90 supporting; that bill should pass be- in innocent transactions and placing percent of those weapons are illegal. cause it goes after the criminals and unnecessary burdens on lawful private I had to look into the eyes of parents the illegal weapons that are the sales. who had just lost their daughter be- scourge of this country. Thirty people When buying from a private seller, cause of a stray bullet from a gang get killed a day because of gun vio- the buyer is only in violation of the member. Nyasia’s parents deserve an lence—30 deaths. One is too many. new straw purchasing prohibition if the answer. The parents of the children in When I look at Nyasia’s parents, one is buyer purchases a firearm for someone Connecticut deserve an answer. too many. known to the buyer as a prohibited per- I have good news today because the Enough is enough. I am certain that son, meaning a felon, drug addict, Senate is working on a bipartisan bill when this bill passes this Chamber and someone subject to a domestic violence that is introduced today by the chair- when law enforcement begins to have order, or someone with serious mental man of the Judiciary Committee, the tools, we will save lives. illness. Chairman LEAHY, to begin to solve this I thank my colleagues again for all When buying from a federally li- problem. This bill has wide bipartisan the hard work they have done. I thank censed firearms dealer, it is prohibited support. It started out with Senator Senator MARK KIRK for his courage for to buy a firearm on behalf of or for an- MARK KIRK and I working together. He being the first Republican to stand up other person. This is consistent with has a real tough problem in Illinois to do a gun bill, the first bipartisan current law that requires a person buy- with gang violence that he wanted to gun bill introduced in this Chamber. ing from a dealer to certify that they address and crack down on. That bipar- ∑ Mr. KIRK. Mr. President, I rise in are the ‘‘actual buyer.’’ It is important tisan work began to address other bi- support of the Stop Illegal Trafficking to note, however, that the bill also ex- partisan work. The ranking member, in Firearms Act of 2013, which I am pressly exempts transactions like gifts Senator GRASSLEY, was very interested proud to join in introducing with Sen- and transfers that occur in raffles and in this bill and has been working with ators LEAHY, GILLIBRAND, DURBIN and auctions. us to shape the bill, make it stronger. COLLINS. There are an estimated 33,000 The bill is supported by numerous or- SUSAN COLLINS, who has been a leader gangs with 1.4 million active members ganizations, including the Fraternal on this issue, began to work with us to who live in our neighborhoods, towns Order of Police, the Federal Law En- shape this bill and make it better. Sen- and cities across the United States. forcement Officers Association, the ator LEAHY and Senator DURBIN have With more than 100,000 gang members, FBI Agents Association, the Inter- been working on the issue separately. the city of Chicago has more gang national Association of Chiefs of Po- We all joined forces to begin to write a members who terrorize its residents lice, the Major Cities Chiefs Associa- bill that can tackle this problem, to than any other city in the United tion, the National Law Enforcement make it a stronger solution, a better States. The Chicago Crime Commission Partnership to Prevent Gun Violence, solution. also reported the existence of an addi- the National District Attorneys Asso- We now have cosponsors. We have the tional 15,000 gang members operating ciation, and the Police Executive Re- Presiding Officer right now, Senator in our suburbs. search Forum. JOE DONNELLY. We have both Senators Gangs such as the Vice Lords, Gang- This bill helps to keep guns out of from Connecticut who must answer the ster Disciples, and the Latin Kings are the hands of criminals without infring- parents of their State, that they are responsible for nearly 80 percent of the ing in any way upon the second amend- doing something about these senseless city’s homicides, which just last sum- ment right of law-abiding citizens. deaths. Senator BLUMENTHAL, a former mer amounted to 500 deaths in Chicago. I urge my colleagues to support this attorney general, knows what law en- These homicides are most often per- much needed legislation. forcement needs to take on these petrated with illegal weapons. Law en- I am, again, very pleased to have criminals. Senator MURPHY, Senator forcement officers in Chicago con- been able to work under the leadership KLOBUCHAR—also a previous attorney fiscate an average of 13,000 illegal of the chairman of the Judiciary Com- general—know what it takes to crack weapons each year. It must end. mittee. I am delighted he is going to down on these kinds of crime and this That is why I have joined this bipar- proceed to mark up our bipartisan senseless death. Senator KING, an Inde- tisan group to take serious action to compromise this week, and I thank pendent, also signs on to this bill be- prevent weapons trafficking and straw him for the opportunity to work with cause he knows it can do something to purchasing, where a third party mem- him. crack down on gun violence in this ber legally purchases a firearm then The PRESIDING OFFICER. The Sen- country. sells or trades it to a criminal who is ator from New York. Of all the laws on the books in this legally barred from purchasing such a Mrs. GILLIBRAND. Mr. President, I country today, not one Federal law weapon. Our bipartisan, consensus leg- rise to talk about an issue that every says you cannot buy a truckload of islation includes the Gun Trafficking mother in America is thinking about. guns, bring them to another State, and Prevention Act, which Senator GILLI- Every parent in America who saw what sell them to a criminal network. It is BRAND and I introduced earlier this happened in Connecticut bleeds for this not even prohibited. You would not be- year, that would for the first time issue. We have to do something in our lieve it. How could that be true in a make it a Federal crime to traffic ille- country about senseless gun crime. We country such as ours, where the Fed- gal guns. The Stop Illegal Trafficking have to do something about making eral Government’s No. 1 job is to pro- in Firearms Act also strengthens the sure criminals do not have easy access tect our families? That is what this bill tools law enforcement need to crack to weapons to shoot down our children does. It makes it a Federal crime to down on straw purchasers, particularly and loved ones in the areas that should traffic, to be a straw purchaser, to sell those who transfer those weapons in be the safest places for them. We have these guns to criminal networks with furtherance of crimes of violence or seen these mass deaths, whether at a the intent of breaking the law. drug trafficking. This legislation also school, whether at a university, wheth- The law enforcement agencies— calls upon the Sentencing Commission er in a movie theater, whether in a whether it is ATF, NYPD, FBI—will to substantially increase the penalties community center; these crimes are now have the tools they need on the when these crimes are committed by happening over and over again. Federal level to begin to tackle this individuals affiliated with gangs and I can tell you that from when I was crisis. other criminal enterprises. first appointed to the Senate in 2009, I I urge my colleagues on both side of A portion of this new anti-illegal gun have realized our State of New York the aisle, if they want to do something trafficking legislation is named after

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On page 31, line 22, strike ‘‘IN GENERAL.— With regard to sequestration, we The Senate National’’ and insert the fol- By Ms. COLLINS (for herself and have known this day could arrive for a lowing: ‘‘RECONSTITUTION.— Mr. KING): year and a half now. Yet, instead of (A) IN GENERAL.—The Senate National S. 444. A bill making appropriations working together to avert sequestra- On page 32, between lines 2 and 3, insert for the Department of Defense for the tion and replace it with a more ration- the following: fiscal year ending September 30, 2013, al alternative, the time has been spent (B) RULE OF CONSTRUCTION.—Nothing in and for other purposes; to the Com- this section shall be construed as extending jockeying for partisan advantage and or providing funding authority to the Work- mittee on Appropriations. engaging in a blame game. Last week, Ms. COLLINS. Mr. President, I rise ing Group. the Senate spent time voting against On page 35, strike line 2 and all that fol- today to discuss two separate problems proceeding to debate on two partisan lows through page 36, line 3, and insert the facing our Nation—the first is seques- proposals that both sides knew before- following: tration, which is underway now and in- hand were doomed. (1) DESIGNATION OF PROFESSIONAL STAFF.— discriminately affecting a wide range The bill Senator UDALL and I are in- On page 36, strike line 14 and all that fol- of programs. The second is the prospect troducing today is a bipartisan effort lows through page 37, line 2. of a long-term Continuing Resolution On page 37, line 3, strike ‘‘(C)’’ and insert to mitigate the harmful effects of se- ‘‘(B)’’. to fund the Federal government for the questration. As a result of sequestra- remainder of the fiscal year, also not On page 37, line 8, strike ‘‘(D)’’ and insert tion, vital priorities such as defense, ‘‘(C)’’. the way we should be doing business. education, transportation, and bio- On page 37, line 10, strike ‘‘(4)’’ and insert Both will result in damage to our mili- medical research, all face indiscrimi- ‘‘(3)’’. tary readiness. nate, meat-ax cuts. No distinction is On page 37, strike lines 13 through 22 and In order to tackle these two separate made between high-performing pro- insert the following: but equally devastating problems, I am grams and poorly performing ones. (2) LEADERSHIP STAFF.—The majority lead- introducing two measures today. The legislation we introduce today er of the Senate and the minority leader of The first bill, which I am pleased to the Senate may each designate 2 staff mem- seeks to fix that. Instead of mindless join my colleague, Senator UDALL, in bers who shall be responsible to the respec- across-the-board budget cuts, this leg- sponsoring, will help mitigate the con- tive leader. islation provides the heads of Federal sequences of sequestration by pro- On page 37, line 23, strike ‘‘(4)’’ and insert agencies and departments with the ‘‘(3)’’. viding Department and agency heads flexibility to implement the savings On page 39, strike line 3 and all that fol- additional flexibility in implementing targets required by the Budget Control lows through page 40, line 2. the cuts. The second bill, which I am Act until such time as a bipartisan On page 40, line 3, strike ‘‘(d)’’ and insert introducing with my colleague from ‘‘(c)’’. agreement is reached to replace the se- my home state of Maine, Senator King, quester cuts or until Congress passes f will fund the Department of Defense new appropriations bills for fiscal year for the remainder of the fiscal year at NOTICES OF HEARINGS 2013 that meet the sequester levels. levels approved by the Senate Appro- The bill requires these agency and COMMITTEE ON HEALTH, EDUCATION, LABOR, priations Committee in the funding bill Department heads to submit their pro- AND PENSIONS that was reported unanimously by the posals to the Appropriations commit- Mr. HARKIN. Mr. President, I wish to Committee on August 2, 2012. tees of both the House and the Senate announce that the Committee on As Deputy Secretary of Defense Ash for approval. Health, Education, Labor, and Pen- Carter has repeatedly warned, failing This approval is an important step in sions will meet in open session on to pass an annual defense appropria- the process because these Committees Thursday, March 7, 2013, at 10 a.m. in tions bill and requiring the Pentagon know the budget of each agency and room 430 of the Dirksen Senate Office to operate under last year’s law will can provide oversight of agency plans. Building to conduct a hearing entitled continue to lead to dangerous absurd- This provides a strong incentive for ‘‘Safe an Supportive Schools: Lessons ities that have ramifications that last each agency to put forth serious plans from the Field.’’ far beyond the six months left in this in order to avoid the across-the-board For further information regarding fiscal year. sequestration cuts that would other- this meeting, please contact Leanne Military readiness will suffer. A hol- wise take effect. Hotek of the committee staff on (202) low force will be created. The Pentagon Let me emphasize that while our pro- 228–6685. will be unable to increase production posal is intended to mitigate the harm- COMMITTEE ON HEALTH, EDUCATION, LABOR, rates for existing weapons, start new ful and mindless across-the-board ap- AND PENSIONS programs, or sign multiyear procure- proach of sequestration, a comprehen- Mr. HARKIN. Mr. President, I wish to ment contracts that would provide sig- sive, bipartisan approach to put our fis- announce that the Committee on nificant savings for taxpayers. cal house in order must remain a top Health, Education, Labor, and Pen- When I questioned Deputy Secretary priority. sions will meet in open session on Carter on February 14, at a Senate Ap- I urge my colleagues to support both Tuesday, March 12, 2013, at 2:30 p.m. in propriations Committee hearing about bills that we are introducing today. room 430 of the Dirksen Senate Office what the continuing resolution means f Building to conduct a hearing entitled for the Navy and our domestic ship- ‘‘Job Corps Budget Shortfall: Safe- building capability, he testified that: AMENDMENTS SUBMITTED AND guarding Workforce Training for Amer- We’re in the absurd position where we’re PROPOSED ica’s Disconnected Youth.’’ five months into the fiscal year and we have SA 25. Mr. PAUL submitted an amendment For further information regarding the authority to build the ships that we built intended to be proposed by him to the resolu- last year and no authority to build the ships this meeting, please contact Anna tion S. Res. 64, authorizing expenditures by Porto of the committee staff on (202) that we plan to build this year. That’s crazy committees of the Senate for the period . . . and that has nothing to do with seques- March 1, 2013, through September 30, 2013; 224–5363. ter, by the way, that’s the CR. which was ordered to lie on the table. f I have long argued that we need to f bring the annual appropriations bills to ORDERS FOR TUESDAY, MARCH 5, the floor to be considered individually TEXT OF AMENDMENTS 2013 on their merits. I believe that CRs rep- SA 25. Mr. PAUL submitted an Mr. REID. Mr. President, I ask unan- resent an abdication of our responsi- amendment intended to be proposed by imous consent that when the Senate

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25TH ANNIVERSARY OF THE JEW- pice and Palliative Nurses Association (HPNA) IN HONOR OF PEACE CORPS ISH COMMUNITY ALLIANCE IN as they celebrate their 27th anniversary. VOLUNTEER NICHOLAS CASTLE JACKSONVILLE, FLORIDA HPNA is the Nation’s largest and oldest pro- fessional nursing organization and has con- HON. SAM FARR HON. ANDER CRENSHAW sistently been a leader in excellence in the OF CALIFORNIA field. OF FLORIDA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Nurses are truly the backbone of our Monday, March 4, 2013 Monday, March 4, 2013 healthcare system. As our Nation ages, we will increasingly depend on the skilled care of Mr. FARR. Mr. Speaker, I rise today to Mr. CRENSHAW. Mr. Speaker, I rise today hospice and palliative nurses to help our loved mourn the loss of Peace Corps Volunteer to recognize and honor the 25th anniversary ones through difficult times. Their tireless dedi- Nicholas Castle. Nick died on February 7th at of the founding of the Jewish Community Alli- cation to patient education and care sustains a hospital in Chengdu, China after a brief ill- ance in Jacksonville, Florida. During this pe- our communities. ness. By all accounts, Nick exemplified the riod of time, the JCA has become a pillar of Last year I spoke at a briefing on Capitol best of what both America and Peace Corps good works in the community and has en- Hill with hospice and palliative care nurses, riched the lives of tens of thousands of people has to offer the world. He was a bright young families, caregivers, and patients to encourage man from Brentwood, California who brought a who have sought assistance in a plethora of discussion on this very important, yet often ways. JCA has worked tirelessly fulfilling its sense of humor, creativity, and a willingness overlooked area. to say yes to his life. mission to enhance the quality of life for those Palliative care is a patient-centered philos- in need regardless of age, religion, race, finan- Service played an important role in the all ophy that provides quality, compassionate too brief arc of Nick’s life. Growing up in cial capabilities, and physical and mental abili- end-of-life care. By honoring informed patient ties. Brentwood, he worked with the city Youth choice, palliative care nurses help make a Commissioner to support community service On April 20, 2013, the family of the Jewish challenging time a little easier for patients and Community Alliance will celebrate its positive events that raised money for annual scholar- their loved ones. I hope this topic continues to ships for college-bound students. As an under- impact on our community. Open to people— be part of our professional and personal dia- young and old—the JCA offers classes in fit- graduate at the University of California, Berke- logues. ley, Nick was equally as invested in service as ness, gardening, and art. There are concerts This is important work and I hope you will for the young and the young-at-heart. You can the Director of Global Outreach Week, a week join me in recognition of these leaders in of activities demonstrating the actions and learn chess or play sports in a family-friendly aging and long-term care. Thank you for your atmosphere. Summer days are filled with fun benefits students and faculty can have around unwavering commitment to quality nursing. I the world. He also worked with the local at a variety of youth camps, and kids and par- congratulate my hospice and palliative care ents enjoy scientific discovery challenges to- Peace Corps campus recruiter to encourage nursing colleagues and wish them continued students to apply to serve. gether. success. The JCA is celebrating a quarter of a cen- In August 2012, Nick was sworn in as a tury of providing pre-school age children with f Peace Corps Volunteer in China where he an enriched start in life and of offering adults NASHVILLE HIGH SCHOOL taught university-level English in Guizhou and teens ways to improve their health and to HORNETTES Province. In his short time there, Nick left a partake in enrichment classes. big impression, through the English classes he For the last 25 years the JCA has provided HON. JOHN SHIMKUS taught, community office hours he hosted, and a place that benefits both young and old and ping-pong and badminton games he played. It OF ILLINOIS has enhanced its participants’ lives by allowing is no surprise that his students called him ‘‘Mr. IN THE HOUSE OF REPRESENTATIVES them to share intergenerational values. Chil- Sunshine.’’ dren attend quality after-school programs that Monday, March 4, 2013 I offer my profound condolences to Nick’s give comfort to their parents, and those with Mr. SHIMKUS. Mr. Speaker, I rise today to parents, David and Susan Castle, and to his special needs, whether adults or children, are acknowledge the outstanding victory of the three brothers. There is no deeper pain for a encouraged to reach their full potential with Nashville Community High School Hornettes parent than the loss of a child. But Nick leaves dignity. girls’ basketball team in the recent State behind a legacy of accomplishments that have JCA has a rich history of making a dif- Championships. forever made this world a better place. ference in our Jacksonville community. The The Hornettes put together an outstanding f faces of the children and those who come to performance against their division’s top ranked the JCA may change each year, but the mis- team to take the Class 2A State Champion- IN RECOGNITION OF THE COMMU- sion remains the same—making a difference ship 42–29. I would like to congratulate Coach NITY SERVICE AND COURAGE OF in the lives of those it touches. Wayne Harre, whose efforts over the past 12 MARGARET ‘‘PEGGY SUE’’ It is my honor to bring this historic com- seasons as well as those of Nashville High O’DONNELL memoration of a quarter century of service to School’s coaching staff, teachers and adminis- the community to the attention of the United trators, have brought to fruition the talent of HON. MATT CARTWRIGHT States Congress and to invite Members to join our youth and seen these fine young ladies OF PENNSYLVANIA me in extending our appreciation. achieve an outstanding result. IN THE HOUSE OF REPRESENTATIVES f These young ladies: Erica Brown, Madi Monday, March 4, 2013 IN RECOGNITION OF THE HOSPICE May, Katy Kosydor, Kiley Pelker, Emily Gill, AND PALLIATIVE NURSES ASSO- Shawn Rennegarbe, Rachel Reid, Jordi Harre, Mr. CARTWRIGHT. Mr. Speaker, this Fri- CIATION ON THEIR 27TH ANNI- Hannah Yung, Shaye Harre, Alli Kellerman, day, March 8, is the date of the official dinner VERSARY Haylee Kania, Jeni Krawiecki and Madison of the Grand Marshal of the 16th Annual Car- Frerker have represented themselves, their bon County St. Patrick’s Day Parade, and HON. LOIS CAPPS school, and their community with distinction. I today I rise to recognize the leadership and look forward to watching their future suc- community service of this year’s Parade OF CALIFORNIA cesses in both their academic and athletic pur- Grand Marshal, Margaret ‘‘Peggy Sue’’ IN THE HOUSE OF REPRESENTATIVES suits and wish them all the best in these en- O’Donnell. Monday, March 4, 2013 deavors. Peggy Sue’s first real job was in the micro- Mrs. CAPPS. Mr. Speaker, I rise today in Mr. Speaker, I congratulate the Nashville film department in the Carbon County Court- recognition of my fellow nurses within the Hos- Hornettes on a job well done. house in Jim Thorpe, where she worked

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

VerDate Mar 15 2010 02:20 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K04MR8.001 E04MRPT1 tjames on DSK6SPTVN1PROD with REMARKS E234 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 2013 throughout high school and college. For the LAS VEGAS DANCE TROUPE TO PERFORM IN You sweat. My mom and dad are from past 28 years, she has been a package car INAUGURAL PARADE Morelos, and I feel like I’m carrying on the driver for United Parcel Service. She has re- (By Tovin Lapan) traditions. I also like how there are so many different cultures mixed together.’’ ceived many citations for safe driving—quite a In the past two years, the Las Vegas dance The dancers are called ‘‘Chinelos,’’ and feat since she delivers packages to all of the troupe Comparza Morelense has quadrupled their origin dates to the Spanish conquest of businesses on Broadway and Race Streets in in size and gone from dancing at birthday Mexico. The indigenous people were per- Jim Thorpe. As her customers (and their dogs) parties and first communions to winning secuted and not allowed to openly practice multiple parade trophies and performing in will attest, Peggy Sue is the face of UPS in their own religion. During Lent and Car- November at the Latin Grammys. nival, emboldened by the ability to wear Jim Thorpe, and her friendly and outgoing per- Despite the rapid rise in the group’s popu- sonality makes her an outstanding ambas- masks in the festivities, some indigenous larity, no one expected the invite that ar- people wore costumes mocking the Euro- sador for her employer and profession in town. rived Dec. 20. In fact, some members of the peans and danced through the streets. The She is a member of Immaculate Conception group demanded to see proof the White Chinelos from Morelos, where in the colonial Catholic Church in Jim Thorpe. She is a char- House had indeed requested they participate era there were large sugar plantations, are ter member of the Ladies Ancient Order of Hi- in the parade at the 57th presidential inau- some of the first and most well known. bernians, Molly Maguire Division 1, Carbon guration. ‘‘The priests didn’t let the indigenous peo- ‘‘I submitted an application because (the County, and served as its president from ple practice their customs, and they had no parade organizers) asked us to. I think some- rights,’’ Garcia said in Spanish. ‘‘When they 2008–2009. She has also held other volunteer one from the campaign saw us last year,’’ had the chance (at Carnival preceding Lent), positions in town and on the St. Patrick’s Day said Stephanie Padilla, one of the group’s they put on costumes and made fun of Parade committee, including serving as an members. ‘‘I got the email saying we were them.’’ aide to 2003 Parade Grand Marshal John J. invited, and the first thing I did was tell my The costumes are elaborate and take be- Mulligan. mom. She called the other dancers, and they tween one and two months to make, Garcia Her ‘‘Fighting Irish spirit’’ has helped carry didn’t believe her. So, we had to show the said. The masks are typically light in color her through a courageous bout with cancer. letter to everyone.’’ and feature a pointy upturned beard, a clear Comparza Morelense started with 11 mem- holdover from the dance’s roots in imitating Diagnosed in July 2012, she feels it has been bers in December 2010. The group now counts Europeans. the continuous prayers and support of friends 40 members, ranging in age from 9 months to The costumes, made from velvet, are em- and family that has been the best and most 65 years old, among its ranks. About 25 danc- broidered with elaborate designs that reflect important medicine. Her illness has brought to- ers will make the trip to Washington, D.C., the dancer’s interests and often meld motifs gether a community in a positive way that no to participate in the Jan. 21 Inaugural Pa- from politics, religion and both European one could have imagined. She may have lost rade. and Mexican culture. Some are images of in- her voice, but she has never lost her radiant Jesus Padilla and Maria Garcia, Steph- digenous Mexican mythology, many have de- pictions of the Virgin of Guadalupe, and oth- spirit. anie’s parents and co-founders of the group, started the dance troupe with other family ers feature skulls, dragons, swords and even Mr. Speaker, I send my highest congratula- members to help keep alive a tradition from Disney characters. tions to ‘‘Peggy Sue’’ O’Donnell on being their home, the Mexican state of Morelos. The dance is called the ‘‘Brinco del named the Grand Marshal of this year’s Car- ‘‘We started the group because we would Chinelo’’ (Jump of the Chinelo) and is left bon County St. Patrick’s Day Parade, and my dance after family dinners and parties, but open to interpretation by the individual thoughts and prayers are with her on this day we wanted a more formal way to share the dancer. For the Inaugural Parade, however, Comparza Morelense is planning to do some and always. tradition and our culture,’’ Garcia said in Spanish. ‘‘We never thought it would lead to extra choreography in an effort to present a f performing for the president. I think it re- more unified form for their moment in the LAS VEGAS DANCE TROUPE TO flects the president’s interest in all of the national spotlight, Garcia said. PERFORM IN INAUGURAL PARADE races and cultures in the country, and how f he seeks participation from all corners.’’ The Presidential Inaugural Committee is PERSONAL EXPLANATION HON. DINA TITUS attempting to choose representatives from OF NEVADA each state for the parade, and Comparza HON. DON YOUNG IN THE HOUSE OF REPRESENTATIVES Morelense is the only invitee from Nevada so OF ALASKA far, a committee spokeswoman said. In mak- IN THE HOUSE OF REPRESENTATIVES Monday, March 4, 2013 ing its choices, the committee considers the Monday, March 4, 2013 Ms. TITUS. Mr. Speaker, Las Vegans take type of performance, reviews videos and pride in the different cultural heritages and tra- weighs how each potential participant would Mr. YOUNG of Alaska. Mr. Speaker, on represent U.S. history, diversity and com- ditions that have enriched our community, and February 28, 2013, I was unable to vote be- mitment to service. cause of medical reasons and missed rollcall contributed to our distinct identity. The elation of inclusion for Comparza Today, I stand to recognize a Las Vegas Morelense, however, was soon followed by vote No. 55, on passage of S. 47, the Vio- dance group that truly embodies this spirit, the reality of funding and logistics. * * * lence Against Women Reauthorization Act of Comparza Morelense. fundraiser, featuring food, games, a raffle 2013. Had I been present, I would have voted Rooted in their Mexican heritage, Comparza and dance performance, from 4 p.m. to mid- ‘‘yea.’’ Morelense is well known throughout Southern night Saturday at Elegante Banquet Hall, I strongly support reauthorization of the Vio- Nevada, performing traditional dances and 3020 E. Bonanza Rd. lence Against Women Act (VAWA), which was During a demonstration for media this delayed for far too long. I am pleased that songs at numerous festivals and fairs for the week, the group’s speakers cracked, popped last two years. Congress was able to overcome the obstacles and then conked out more than once. Garcia that blocked its final passage. VAWA’s pro- This January, Comparza Morelense’s hard said Comparza Morelense typically would work and dedication were rewarded with an in- use a pickup truck and its own sound system grams are a critical component of our Nation’s vitation to perform in the President’s Inaugura- during a parade, but for the Inaugural Pa- effort to reduce violence and care for victims. tion Parade. rade the members would like to hire a DJ Reauthorizing VAWA will help Alaska, and the As the only Nevadan group invited to partici- with professional equipment or, more tradi- rest of the country, combat the epidemic of pate in the Parade, this was truly a prestigious tionally, a live band. abuse and rape that plagues our families and No matter what, Comparza Morelense will communities. honor. make it all work, Garcia said, beaming with f On Inauguration Day, I proudly cheered a wide smile at the thought of how far the them on as they represented not only Las group has come. RECOGNIZING MINNETONKA GIRLS Vegas and Nevada, but their rich cultural herit- ‘‘When we started, we only set out to share ALPINE SKI TEAM age as well. this dance and piece of our culture with the Wolf Blitzer, newsman from CNN, also com- community,’’ Garcia said. ‘‘Now we get to go mented that the group with the beautiful cos- perform for the president. It’s amazing.’’ HON. ERIK PAULSEN OF MINNESOTA tumes from the state of Morelos was the most Pablo Soriano, a 12-year-old who joined the group just a few months ago and will travel IN THE HOUSE OF REPRESENTATIVES colorful entry in the parade. to Washington, dances in a black velvet cos- Monday, March 4, 2013 I submit the Las Vegas Sun article, ‘‘Las tume embroidered with images of the sun Vegas dance troupe to perform in Inaugural and Tigger, from Winnie the Pooh. Mr. PAULSEN. Mr. Speaker, congratulations Parade,’’ written by Tovin Lapan on January ‘‘I like everything about the dance,’’ Pablo to the Minnetonka High School Girls Alpine 10, 2013. said. ‘‘I like the jumping. You get exercise. Ski Team.

VerDate Mar 15 2010 02:20 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A04MR8.001 E04MRPT1 tjames on DSK6SPTVN1PROD with REMARKS March 4, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E235 The Minnetonka Girls took first place in the IN RECOGNITION OF RON CRITELLI terval in service was substituted by his time in Minnesota State High School Alpine Ski Meet the Army. He served as Chief twice before earlier this month in Biwabik, Minnesota. This HON. FRANK PALLONE, JR. being named Chief Emeritus, joining a privi- is the Minnetonka Girls’ second state title in OF NEW JERSEY leged few who have been Glenwood Fire four years. IN THE HOUSE OF REPRESENTATIVES Company Chief three times. Head Coach Steve Lindemer won his fifth Corporal Lockwood leaves behind three Monday, March 4, 2013 state championship with the school since be- daughters and will be sorely missed by the coming Head Coach of both the Minnetonka Mr. PALLONE. Mr. Speaker, I rise today to Glenwood Landing community of which he Boys and Girls Alpine teams in 1998. congratulate Ron Critelli as he is honored as was a part of for almost 92 years. Megan Greiner, Anna Ewald, Megan the ‘‘Man of the Year’’ by the Amerigo Ves- Edward was a true American patriot. In the Gartner, and Marlee Gartner all finished in the pucci Society of Long Branch, NJ. Mr. Critelli wake of his passing, we should all remember top 20 to secure the top team performance. is truly deserving of this recognition for his ex- the sacrifice our veterans make to keep us All of these athletes and their coaches de- ceptional service to the Amerigo Vespucci So- safe here at home. I am forever grateful for serve praise for their dedication and deter- ciety and the entire community. Edward’s contributions as a serviceman and mination. Born and raised in Long Branch, NJ, Mr. leader in his community on Long Island. I offer Critelli has a strong connection to the commu- my sincerest thoughts and prayers to his fam- It’s an honor to be able to represent, and nity. He excelled in soccer and was elected as ily. recognize, such all-star athletes. Congratula- team captain of the Long Branch High School tions. f Varsity team for three years, leading the team to the NJ State Finals in his senior year. Mr. IDAHO’S TERRITORIAL f Critelli was the first in his family to graduate SESQUICENTENNIAL HONORING HAROLD O. BOUCHARD college, earning a Bachelor’s Degree in Busi- ness Management from the University of North HON. MICHAEL K. SIMPSON Carolina at Pembroke. In college, Mr. Critelli OF IDAHO HON. MICHAEL H. MICHAUD maintained his sense of community, joining IN THE HOUSE OF REPRESENTATIVES OF MAINE the soccer team, serving as a member and Monday, March 4, 2013 IN THE HOUSE OF REPRESENTATIVES Treasurer of the Pi Lamda Upsilon fraternity and participating in various campus events. Mr. SIMPSON. Mr. Speaker, on this day in Monday, March 4, 2013 Introduced to the Amerigo Vespucci Society 1863, 150 years ago, President Abraham Lin- Mr. MICHAUD. Mr. Speaker, I rise today to by his now wife, Loredana’s family, Mr. Critelli coln signed a congressional act creating the honor Mr. Harold O. Bouchard of Hermon, became a member and remains active in the Idaho Territory. Twenty-seven years later, part Maine, who passed away on February 22, at Society. Previously serving as a Councilor on of that territory would become the 43rd State, the age of 77. Harold will be long remembered the Executive Board, Mr. Critelli is the current the State of Idaho. as an astute businessman who was well Recording Secretary for the Society. He often The Idaho Territory was initially much larger known for his philanthropy and community assists with various Society events, including than the borders of Idaho today; it included service. the Wine Tasting Gala and the Family Picnic, most of what would later become Montana and Wyoming. The territory, to be governed by From a single dump truck he purchased in for which he served as co-chair and chair re- William H. Wallace, an old friend of Lincoln’s, 1958, Harold grew a business that today em- spectively. Furthermore, Mr. Critelli co-chaired was previously part of the Washington Terri- ploys 175 people and stands at 100 trucks a fundraiser on behalf of Amerigo Vespucci tory. strong. He became an innovator and fierce ad- Society members who were affected by Western Washington politicians moved to vocate for the trucking industry. Harold worked Superstorm Sandy. discard large tracts of land in eastern Wash- tirelessly to develop safer and more efficient In addition to his community service, Mr. ington Territory partly because the population trucks. As an advocate, he sought to ensure Critelli works as a Financial Advisor at Wells in those areas was increasing rapidly and they lawmakers understood that heavier six axle Fargo Advisors. He was recently honored by wanted to assure Olympia would remain the trucks were safe and important for businesses New Jersey Monthly Magazine as a 2013 New capital of the region. That population increase to compete. Because of Harold’s efforts, Jersey Select Wealth Managers. was mostly gold miners seeking out their for- Maine’s roads are safer and Maine’s busi- Mr. Speaker, once again, please join me in tunes in the Clearwater region, now Idaho’s nesses are stronger. congratulating Ron Critelli on his selection as panhandle. This goes to show you, Mr. Speak- Harold also maintained a strong presence in ‘‘Man of the Year’’ by the Amerigo Vespucci Society for his continued dedication and serv- er, gerrymandering is not a new phenomenon; the community, helping to found the American it is in fact one of the reasons the Idaho Terri- Loggers Council and the Professional Logging ice to the community. f tory was created in the first place. Contractors of Maine. Harold was also in- However, the land mass for the Idaho Terri- volved with the Maine Forest Products Coun- COMMEMORATING EDWARD H. tory was so expansive that within a year Mon- cil, the Forest Resource Association, Maine LOCKWOOD tana broke away, and four years later Wyo- Motor Transportation Association, the Maine ming did the same, leaving the Idaho Territory Better Transportation Association, and the As- HON. STEVE ISRAEL looking very much like the State does today. sociated General Contractors of Maine. The In 1890, after 27 years as a territory, Idaho Northeast Loggers Association, of which he OF NEW YORK IN THE HOUSE OF REPRESENTATIVES became the 43rd State. However, much of was also a member, named him Outstanding what distinguishes Idaho today came about Logger of the Year in 1991. Monday, March 4, 2013 during its territorial years, including the cre- Few people can claim to embody the spirit Mr. ISRAEL. Mr. Speaker, I rise today to ation of its main highways, many of its public of charity and community engagement as commemorate the life of Edward H. schools, its tax system, its tribal laws, its uni- completely as Harold. He was instrumental in Lockwood, an American veteran from Long Is- versities, its water laws, and indeed, its even- helping to raise $13 million to improve cancer land. Edward recently passed away and our tual Constitution, written in the summer of treatment services at Eastern Maine Medical community is mourning this profound loss. 1889 in Boise. Idaho’s Constitution remains Center. In 2003, Harold received the Bangor Corporal Lockwood enlisted in the Army in today almost exactly how it was written, and it Region Chamber of Commerce’s Norbert X. 1942, and remained for the duration of World still forms the basis for all Idaho laws to this Dowd Award for his contributions to his indus- War II. He served in the 824th and 691st Tank day. try and for his community service. Destroyer Units at Normandy, the Rhineland, The citizens of Idaho have always dem- I was fortunate to have Harold as a sup- Central Europe, and finally Ardennes, the Bat- onstrated a unity and sense of pride in their porter and ally in my ongoing efforts to allow tle of the Bulge. Upon returning home to Glen- traditions and history, and this rich history is states to increase the weight of trucks allowed wood Landing, Corporal Lockwood joined the what makes them who they are today. From on their highways. The work he did on this American Legion Post 336 in Glen Head, New the Canadian border to Yellowstone, from Cra- cause was instrumental in helping to make York, and worked for the Long Island Lighting ters of the Moon to Coeur d’Alene Lake, Ida- this goal a reality in Maine today. Company until his retirement. hoans celebrate today. It is my privilege today Mr. Speaker, please join me in honoring the Mr. Lockwood joined the Glenwood Fire to commemorate Idaho’s territorial sesqui- life of Mr. Harold O. Bouchard. Company when he turned 18 and his only in- centennial.

VerDate Mar 15 2010 02:20 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A04MR8.004 E04MRPT1 tjames on DSK6SPTVN1PROD with REMARKS E236 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 2013 HONORING NIELS CHEW tic and dating violence, no matter their sexual their success this season and at the state orientation or gender identity. The measure tournament. HON. MIKE THOMPSON also provides authority to Native American Special congratulations to captains Amanda OF CALIFORNIA tribes to prosecute non-Indian perpetrators of Stelten, Sammy White, and Emily IN THE HOUSE OF REPRESENTATIVES domestic violence-related offenses. Finally, the Pulvermacher. Senate measure adds stalking to the list of This team’s ability to combine art with Monday, March 4, 2013 crimes for which victims can receive protection athleticism has returned quite impressive re- Mr. THOMPSON of California. Mr. Speaker, through the U-Visa program. All of the sults. I rise today to honor and pay tribute to Niels changes are vital and, unfortunately, absent in All of these athletes and their coaches de- Chew of Sonoma County, California, who the House Republican bill. serve praise for their dedication and deter- passed away February 25, 2013 with his fam- Twice over the last 20 years, Democrats mination. ily at his side. and Republicans, working together, have been It’s an honor to be able to represent, and Mr. Chew was a loving husband of 58 years able to reauthorize VAWA to continue and ex- recognize, such all-star athletes. Congratula- to his wife, Susan Wetherby Chew. He was a pand protections for all victims of domestic tions. devoted father to his four children and a dot- and sexual violence. A recent tragedy involv- f ing grandfather to his nine grandchildren. ing one of my constituents underscores the He was a successful businessman, taking a importance for this body to continue that bipar- IN RECOGNITION OF CLARK E. small one-person operation and building it into tisan tradition. GUINAN a thriving small manufacturing company em- On February 18, 2013, Jenny Lynn Pearson ploying more than 40 people, including those was brutally murdered by her husband of less HON. JACKIE SPEIER with developmental disabilities. than a year at her apartment in Reston, Vir- OF CALIFORNIA Mr. Chew was also active in civic affairs. He ginia. Jenny was five months pregnant with IN THE HOUSE OF REPRESENTATIVES was a trustee of the Sonoma Valley Unified her unborn son, whom she had named Aiden. Monday, March 4, 2013 School District Board where he served as A native of Fairfax County, Jenny is described Board Chair. He was also on the boards of the by friends and family as humble and beautiful, Ms. SPEIER. Mr. Speaker, I rise to honor Sonoma Valley Hospital Foundation, Oper- a lover of nature and animals, a kind and gen- Clark E. Guinan, better known as Gus, who is ation Youth, the Sonoma Overnight Shelter, El erous soul. Her life, and that of her unborn retiring after a remarkable legal and public Nido Teen Center, and Stand by Me, Sonoma son, was snuffed out far before its time. service career that spanned over three dec- Valley’s flagship mentoring program. Unfortunately, this type of severe domestic ades. Gus was the City Attorney of the City of He and his wife generously supported violence is an all-too-common reality in the Burlingame for the last four years. His devo- Friends in Sonoma Helping, an organization United States. Approximately 2.3 million peo- tion to justice and the Bay Area are reflected providing assistance to residents down on ple each year are raped or physically as- in his work and passion for life. their luck, with both their time and their finan- saulted by a current or former spouse, boy- Gus, a native San Franciscan and third gen- cial resources. friend or girlfriend. Three women are killed by eration Californian, was raised in Los Altos. In recognition of his work in the community, a current or former intimate partner each day He enrolled in the seminary in Menlo Park at Mr. Chew received Sonoma’s top service in America. And the cost of intimate partner vi- the young age of 13 and studied there through award in 2010 when he was named Alcalde, olence exceeds $5.8 billion annually, including high school and college until he was 24 years or honorary mayor. $4.1 billion in direct health care expenses. old. He received his B.A. in Philosophy from Mr. Speaker, Niels Chew was proof that one While we still have much work to do, VAWA St. Patrick’s College. man can make a difference. The legacy he has helped address these startling levels of After eleven years in the seminary, Gus re- leaves will be felt in the Sonoma Valley for partner violence. Since it was first enacted in alized that he had a different calling. He want- decades to come. It is therefore appropriate 1994, reporting of domestic violence has in- ed to follow in the footsteps of his grandfather that we pay tribute to him today and honor his creased by as much as 51 percent, while the who was his hero and a prominent attorney in memory. number of individuals killed by an intimate the California Attorney General’s office. Gus f partner has decreased 34 percent for women started law school and earned his J.D. from and 57 percent for men. Reauthorization of the University of Santa Clara. VIOLENCE AGAINST WOMEN VAWA will ensure that our nation’s mothers, Upon earning his degree, Gus became a REAUTHORIZATION ACT OF 2013 sisters, daughters, and friends continue to re- deputy public defender in San Joaquin County from 1974–1984. Then he accepted the posi- SPEECH OF ceive federal resources that can help keep them safe from harm. tion of Senior Assistant City Attorney in Palo HON. JAMES P. MORAN Now is the time for the House to remove Alto where he served for five years. OF VIRGINIA ideological roadblocks and send to the Presi- In 1989, he faced a difficult decision. He IN THE HOUSE OF REPRESENTATIVES dent a comprehensive VAWA bill that includes and his wife Signe Harnett had adopted infant twin girls. They still lived in Stockton and the Thursday, February 28, 2013 protections for all Americans. I encourage all of my colleagues to vote in favor of the Sen- daily commute to Palo Alto would prevent Gus Mr. MORAN. Madam Speaker, I rise today ate-passed Violence Against Women Act. from seeing his two babies grow up. He left in support of the Senate-passed Violence public service and became a litigation attorney f Against Women Act and in opposition to the with the law offices of Rishwain, Kakim and watered down version offered by House Re- RECOGNIZING CHASKA HIGH Ellis in Stockton from 1989–1991. Gus’ love publicans that omits key provisions to protect SCHOOL’S CHAMPION GIRLS for San Francisco drew the family back to the all victims of domestic violence. I am pleased JAZZ AND HIGH KICK DANCE Bay Area and in 1991 they moved to Berkeley that after nearly a year of delay and unneces- TEAM and he joined the law office of Barry Balamuth sary partisan positioning, a comprehensive, in- in Orinda. clusive VAWA is poised to be enacted into HON. ERIK PAULSEN In 1993, Gus returned to public service and law. OF MINNESOTA accepted the position of Assistant City Attor- This legislation, S. 47, received over- IN THE HOUSE OF REPRESENTATIVES ney for the City of San Rafael where he whelming bipartisan support in the Senate, stayed until 2008 when he was appointed to passing by a vote of 78–22, and is supported Monday, March 4, 2013 his most recent position of City Attorney of by law enforcement officials, health care pro- Mr. PAULSEN. Mr. Speaker, congratulations Burlingame. viders, community providers, and millions of to the Chaska High School Girls Jazz and Gus is a member of the Public Law Section domestic violence survivors. Unlike the alter- High Kick dance teams. of the California State Bar Association, the native House Republican version, the Senate The Chaska High School Dance teams— Bay Area City Attorneys Association, the bill includes critical provisions to protect vul- both High Kick and Jazz & Funk—took home Marin Public Agency Attorneys and an alter- nerable populations including LGBT individ- repeat championship titles earlier this month nate board member of the California Joint uals, Native Americans, immigrants, and vic- with victories at the 2013 State Girls Dance Powers Risk Management Authority. In the tims of rape. Team Tournament. past, he served as a delegate at the State Bar Specifically, the Senate bill ensures the Coach Krys Rydland complimented her Convention in Sacramento, as a section editor availability of services to all victims of domes- team’s drive to constantly improve as key to of the Municipal Law Handbook of the League

VerDate Mar 15 2010 02:20 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A04MR8.009 E04MRPT1 tjames on DSK6SPTVN1PROD with REMARKS March 4, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E237 of California Cities and as a member of the recognize the accomplishments that place her the U.S. Virgin Islands, the Caribbean, Can- board of governors of the San Joaquin County among the best of Northwest Florida. ada, Japan, Germany, Korea, and on the con- Bar Association. Gus has also lectured at the Mr. Speaker, I want to congratulate Ms. Ann tinent of Africa. Delta Community College in Stockton and in Thompson as Teacher of the Year and thank AKA membership is comprised of distin- the ‘‘Bridging the Gap’’ program. Last but not her for her exemplary service in the Santa guished women who have excelled academi- least, he has been a proud member of the Rosa County School District. My wife Vicki cally, and utilized the organization to promote San Rafael Elks Club since 2006. joins me in congratulating Mrs. Thompson, our mission of ‘‘Service to All Mankind.’’ In his well deserved retirement, Gus is look- and we wish her all the best for continued Through AKA’s human rights outreach, the or- ing forward to spending more time with his success. ganization works to raise awareness of human wife of 25 years, their now 24–year-old twin f trafficking and domestic violence. The sorority daughters Kate and Lindsey and their stepson ALLEGANY COUNTY ADMINIS- also works to promote social justice through Chris. He will finally have more time to lose voter empowerment, civic engagement, and himself in his passion for California history, TRATOR RETIRES AFTER 21 YEARS OF SERVICE expanding access to education in minority hiking, travel, photography, reading and swim- communities. Through the organization’s glob- ming. al poverty initiatives, AKA has focused its ef- Mr. Speaker, I ask the House of Represent- HON. TOM REED forts to end hunger throughout the world, and ative to rise with me to honor Clark E. Guinan, OF NEW YORK to promote sustainability and independence a man with a brilliant legal mind and a big IN THE HOUSE OF REPRESENTATIVES through women-owned businesses and sus- heart who has protected the rights and safety Monday, March 4, 2013 tainable agriculture practices. of the residents of Burlingame and other Bay Area communities. Mr. REED. Mr. Speaker, I rise today to rec- Mr. Speaker, I am a proud member of Alpha Kappa Alpha, and I am proud to highlight the f ognize the 21 years of dedicated service that John E. Margeson provided to Allegany Coun- many accomplishments of the organization. RECOGNIZING ANN THOMPSON AS ty as County Administrator. Mr. Margeson Throughout the years, AKA’s outreach has ex- THE 2014 SANTA ROSA COUNTY, began serving the Allegany County govern- panded as it strives to promote high academic FLORIDA TEACHER OF THE ment over thirty years ago in 1977 as a proba- standards, mentorship, global health services, YEAR tion officer. In 1982, he was appointed to be and the advancement of human and civil the administrative assistant to the chairman of rights. HON. JEFF MILLER the board and held that position until 1992 OF FLORIDA when he was appointed the county’s first ad- f IN THE HOUSE OF REPRESENTATIVES ministrator. Mr. Margeson recently announced his retirement as Allegany County Adminis- CONGRATULATIONS MONTANA Monday, March 4, 2013 trator to be effective at the end of March 2013. SPECIAL OLYMPIANS Mr. MILLER of Florida. Mr. Speaker, I rise As the first county administrator in Allegany today to recognize Mrs. Ann Thompson as the County, he spent over two decades making 2014 Santa Rosa County, Florida Teacher of changes and updates as new federal and HON. STEVE DAINES the Year. Ms. Thompson has been an inspira- state mandates emerged. As a result of these OF MONTANA tion to her students, her colleagues, and her mandates, the role of the Allegany County IN THE HOUSE OF REPRESENTATIVES community, and I am honored to recognize government has grown and reacted to the her success and her many achievements. issues at hand. Mr. Margeson also helped Monday, March 4, 2013 The best teachers are those who not only oversee some of the largest capital projects in educate, but those who strive every day to ac- the county’s history, including a new jail and a Mr. DAINES. Mr. Speaker, two Montana tively engage their pupils. Ms. Thompson em- court annex. Making it a priority to attend athletes recently competed in the Special bodies this spirit—she is an educator, a men- every committee and full board meeting, Mr. Olympics 2013 World Winter Games in South tor, and a role model to those she serves. As Margeson provides extensive and invaluable Korea, and I want to recognize them for their a founding parent of West Navarre Inter- knowledge to the board members. efforts. mediate, Ms. Thompson has played an inte- Following his many years of dutiful work, Dan Hazen of Great Falls and Kathy Rose gral role with the school for more than 14 Mr. Margeson looks forward to spending his of Kalispell made Montana proud when they years, the last 7 of which as an educator. retirement with his wife, two kids and his were chosen to represent our state on a na- Throughout her career, Ms. Thompson has grandchildren. He also intends on playing tional stage. Of the 2,300 other athletes from served in various capacities. Before joining many rounds of golf and his favorite card 110 countries in PyeongChang, South Korea, West Navarre Intermediate, Ms. Thompson games in his hometown of Scio, New York. they were the only two from Montana. had a successful medical career for 25 years. I wish Mr. Margeson the very best in retire- But it’s been a long journey, filled with hard However, she recognized that her true calling ment and thank him for his public service. work and perseverance. was teaching. With the goal of ensuring all f children leave school reading at least on Their tireless dedication to their sport paid grade level in mind, Ms. Thompson earned the HONORING ALPHA KAPPA ALPHA off when they placed first in their events at the required teaching certification from the Univer- SORORITY 2012 Special Olympics Montana State Winter sity of West Florida. Wanting to work in the Games at Whitefish Mountain Resort. Then, very school that she helped build, Ms. Thomp- HON. EDDIE BERNICE JOHNSON they were chosen from a field of other gold son has seen her dreams come true as a third medal athletes as Montana’s representatives OF TEXAS to the Games. grade teacher at West Navarre Intermediate. IN THE HOUSE OF REPRESENTATIVES The perspectives she gained from raising Hazen competed in the slalom, giant slalom three children and serving in the medical field Monday, March 4, 2013 and super G, alpine skiing events. give her a unique experience base to better Ms. EDDIE BERNICE JOHNSON of Texas. And Rose competed in the 100-meter, 200- enrich her students education. Ms. Thomp- Mr. Speaker, each year we celebrate March meter and 4 x 100-meter relay snowshoe son’s instructional techniques are calculated, as Women’s History Month, and I wanted to races. take this opportunity to honor the women of research-based, and focused on the needs of These events require a lot of work and a lot the Alpha Kappa Alpha sorority for their dec- the individual student by using exhaustive data of commitment—and I’m happy that their ef- ades of service and commitment to empow- analysis as well as daily observation. In doing forts were rewarded when they were chosen ering their communities. this, Ms. Thompson recognizes the reality that to compete in South Korea. each student is different, and she tailors her Alpha Kappa Alpha Sorority, Incorporated instruction to her pupils resulting in enhanced was founded on the campus of Howard Uni- These athletes are true examples of what academic achievement. versity in Washington, D.C. in 1908. AKA is makes Montana great—their positive attitudes Ms. Thompson’s greatness extends well be- the oldest Greek organization established by and tireless dedication exemplifies the charac- yond her title as Teacher of the Year—it lies African American college-educated women. teristics that we value in our state. in the hearts and minds of the students who From its humble beginnings, AKA has grown Thank you for your hard work, thank you for have been deeply affected. and I am proud to to 260,000 members with chapters in the U.S., making Montana proud, and congratulations.

VerDate Mar 15 2010 02:20 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A04MR8.012 E04MRPT1 tjames on DSK6SPTVN1PROD with REMARKS E238 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 2013 PAYING TRIBUTE TO ELLEN K. thing around the world. When we honor these conservation goals. With one million ANNALA, PRESIDENT AND CEO Casimir Pulaski, we honor our young men and members, Arbor Day Foundation has grown to OF THE UNITED WAY OF CEN- women in uniform who are in harm’s way even become the largest nonprofit organization TRAL INDIANA today. dedicated to planting trees. It has helped cam- The lessons of this day include the impor- puses throughout the country plant hundreds HON. SUSAN W. BROOKS tance of international cooperation, US—Po- of thousands of trees and last year ‘‘Tree OF INDIANA land friendship, and immigration reform. Campus USA’’ colleges and universities in- IN THE HOUSE OF REPRESENTATIVES Casimir Pulaski made an amazing journey, vested $23 million in campus forest manage- considering the difficulty of travel in those ment. Monday, March 4, 2013 days. He became, not just a participant in an Jamestown Community College stands as Mrs. BROOKS of Indiana. Mr. Speaker, I historic struggle, but a great leader, a general, an example to the community and other col- rise today to pay tribute to Ellen K. Annala for and helped shape the future of the United leges and universities for making initiatives to her 23 years of service as President and CEO States of America. Young Polish soldiers are sustain the environment by protecting and of the United Way of Central Indiana. The serving right now as part of a US-led coalition maintaining trees. people of my Congressional district and the in Afghanistan and deserve our thanks today I applaud their many efforts and look for- State of Indiana are forever grateful for Ellen’s for standing shoulder to shoulder with us. ward to Jamestown Community College’s con- contributions and commitment to making the When we honor Casimir Pulaski, we honor tinued leadership on this front. United Way what it is today, a powerful force them too. f for positive local development. And how many young Poles living here in Over the years, Ellen’s leadership has been Chicago are waiting for their chance to be ACKNOWLEDGING ADVOCACY AND critical in providing community leaders with the Generals or simply wear the uniform of the PUBLIC SERVICE OF MEMBERS vision and necessary resources to discover United States or study so they can discover a OF THE LINKS, INCORPORATED new solutions and address the needs of our cure for cancer or be the entrepreneur that de- state and ensure the welfare of our citizens. velops the next new technology? But a broken HON. EDDIE BERNICE JOHNSON As the first female leader of the United Way immigration system is blocking their dreams. OF TEXAS of Central Indiana, Ellen has been instru- We can honor Casimir Pulaski by working to IN THE HOUSE OF REPRESENTATIVES mental in bringing together Hoosier leaders make this generation of Americans welcoming Monday, March 4, 2013 from all walks of life to make our communities to the dreamers and all Polish immigrants who better places to live. have embraced this country. Ms. EDDIE BERNICE JOHNSON of Texas. Due to Ellen’s strong leadership, the United I don’t think Casimir Pulaski was asked for Mr. Speaker, March is Women’s History Way is making tomorrow a better place by his visa when he mounted his horse and Month, and I wanted to take this opportunity to helping children today. She has tirelessly pro- picked up his weapon. Today, visitors to our acknowledge the advocacy and public service moted early childhood learning by partnering country from Poland should not be asked ei- of the members of The Links, Incorporated. with Indianapolis Public Schools in an effort to ther. That is why, once again, I am a vigorous As an organization, The Links has made dramatically increase the number of children advocate for the Visa Waiver program for Po- service to others the founding principle of the performing at grade level by sixth grade. land. And by pushing for this change, we all organization. Through friendship, we build re- Today, the United Way of Central Indiana is honor the memory and heroism of Casimir Pu- lationships based on the premise that by our even better equipped to support many of the laski. numbers, we are strong. With that strength, region’s rural communities as a result of I hope that this day will be one during which we can uplift others. Ellen’s guidance. She has opened offices and all Illinoisans and Americans will focus on the The Links, Incorporated had as its humble brought resources to the five counties sur- significance of this day and this one man on beginning the friendship of two women, Ms. rounding Indianapolis, giving the United Way our lives in the 21st century. Margaret Hawkins and Ms. Sarah Scott. the unique ability to respond to local needs. f Formed in 1946, these women worked to en- On behalf of the grateful constituents of the gage the African American community in Fifth Congressional District, I congratulate JAMESTOWN COMMUNITY COL- Philadelphia in civic, educational, and cultural Ellen on the occasion of her retirement. Thank LEGE RECOGNIZED AS A ‘‘TREE opportunities. Each friend invited a friend, and you, Ellen, for your 23 years of dedicated CAMPUS USA’’ COLLEGE FOR today The Links, Incorporated, is represented leadership with the United Way of Central Indi- THE FOURTH CONSECUTIVE by 274 chapters and more than 12,000 profes- ana. Best wishes to you as you pursue new YEAR sional women of color. challenges in the many bright years ahead of Through its various initiatives, The Links, In- you. HON. TOM REED corporated is breaking new ground in pro- f OF NEW YORK viding humanitarian support and closing the IN THE HOUSE OF REPRESENTATIVES achievement gap in our schools. In my role as IN RECOGNITION OF CASIMIR Chair of the National STEM Career Readiness PULASKI DAY Monday, March 4, 2013 Initiative, I have used my platform as a Mem- Mr. REED. Mr. Speaker, I rise to congratu- ber of Congress to raise awareness about the HON. JANICE D. SCHAKOWSKY late Jamestown Community College and its need for students’ science and math literacy, OF ILLINOIS faculty, staff, and student body whose commit- and to increase the ranks of women and mi- IN THE HOUSE OF REPRESENTATIVES ment to the environment has earned them the nority STEM students, engineers, scientists, distinguished award as a ‘‘Tree Campus USA’’ and those in academia. Monday, March 4, 2013 college for the fourth consecutive year. As the Throughout the history of The Links, we Ms. SCHAKOWSKY. Mr. Speaker, I rise first community college in New York State to have focused our efforts on children, as they today to recognize Casimir Pulaski Day. I be- earn this distinction from the Arbor Day Foun- will be the future generations of leaders. Re- lieve it is important that each year we cele- dation, JCC met the necessary criteria by ful- cent initiatives include tackling childhood obe- brate and retell the story of this great Polish- filling five standards: maintaining a campus sity in our communities, increasing the reten- American hero of the 18th century, and no tree advisory committee, campus tree care tion and graduation rates of minority students, one does it better than Illinois with our state plan, providing annual expenditures to the tree and facilitating international involvement and holiday. But it is not just the story of one man. program, observing Arbor Day, and service global awareness to serve the educational, It is also true that when we celebrate the learning projects for students. By achieving health, and cultural needs of people of African memory of Casimir Pulaski, we honor great these standards, Jamestown Community Col- descent throughout the world. principles and values that are just as true lege displayed effective management of their Mr. Speaker, throughout the month of March today. campus trees and collaboration with the com- we will be acknowledging women in history Principles like the idea of sacrifice for some- munity to foster urban forests. who have taken courageous steps and made thing you believe in, something much bigger The Arbor Day Foundation created this na- significant impacts in their communities. The than yourself. Casimir Pulaski was willing to tional program to recognize colleges and uni- Links, Incorporated, have taken up the call for risk and ultimately sacrifice his life for the idea versities who exhibit dedication to sustaining more than six decades, and through their ef- of creating a new democracy—and today, their campus and community forestry as well forts have transformed the lives of individuals young men and women are doing that very as engaging their student body and faculty in and communities throughout the world.

VerDate Mar 15 2010 02:20 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A04MR8.017 E04MRPT1 tjames on DSK6SPTVN1PROD with REMARKS March 4, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E239 HONORING JERRY BARBER undergone training in other fire equipment op- Lodge BPOE #200 in November of that same eration and safety. Mr. Barber has excelled up year. HON. BENNIE G. THOMPSON the ranks since 2006 to become the Assistant Since joining the Hazleton Lodge BPOE Chief of the Leland Fire Department. OF MISSISSIPPI #200, Jack has been an active and important Mr. Speaker, I ask my colleagues to join me member of the organization. He was Co– IN THE HOUSE OF REPRESENTATIVES in recognizing Mr. Jerry Barber for his dedica- Chairman of the Lodge’s House Committee as Monday, March 4, 2013 tion and passion for serving the city of Leland, well as a trustee and currently serves as Chair Mr. THOMPSON of Mississippi. Mr. Speak- Mississippi. of the Lodge Bulletin Committee. Jack is also er, I rise today to honor a courageous volun- f a member of the Veteran’s committee and teer firefighter, Mr. Jerry Barber. Breakfast committee. In addition to serving his community as a JOHN ‘‘JACK’’ HEIDECKER HAZLE- Mr. Speaker, I commend John ‘‘Jack’’ volunteer firefighter, Mr. Barber is a member TON LODGE #200 ‘‘2012/13 ELK OF Heidecker for his committed service to the Be- of the Leland High School Class of 1978, the THE YEAR’’ nevolent and Protective Order of the Elks and cook for the Leland High School Booster Club, congratulate him for being named the Hazle- and he is also a carpenter. HON. LOU BARLETTA ton Lodge #200 ‘‘2012/13 Elk of the Year.’’ Mr. Barber got his inspiration to be a volun- OF PENNSYLVANIA teer firefighter from former Chief James IN THE HOUSE OF REPRESENTATIVES f Hasting of Leland, Mississippi. Mr. Barber Monday, March 4, 2013 PERSONAL EXPLANATION thought he was brave and wanted to be like him. So, he started asking Chief Hasting about Mr. BARLETTA. Mr. Speaker, I rise to honor being a firefighter. Chief Hasting told him, ‘‘it’s John ‘‘Jack’’ Heidecker as the Hazleton Lodge HON. TOM REED not about the money, it’s about the life and #200 ‘‘2012/13 Elk of the Year’’ for his loyal OF NEW YORK property you save for others.’’ service to the Benevolent and Protective IN THE HOUSE OF REPRESENTATIVES In 2006, Chief Michael Johnson of the Le- Order of Elks. Monday, March 4, 2013 land Fire Department hired Mr. Barber as a Originally from the Lehigh Valley area, Jack volunteer firefighter, where he is still em- served in the U.S. Navy from 1960 to 1963 on Mr. REED. Mr. Speaker, I am writing to in- ployed. Since then he has taken great pride in the USS Compton DD705 out of Newport, form you that I was detained on February 28, being a fireman through training and certifi- Rhode Island. He later attended both Lehigh 2013, and was unable to be on the House cation. He is certified in Cardiopulmonary re- County Community College and then Temple floor to vote. Had I been there, I would have suscitation (CPR). He is also trained and li- University, graduating cum laude with a bac- voted as follows: rollcall 54—McMorris Rod- censed to drive fire trucks along with mechan- calaureate degree in Business Administration. gers Amendment: ‘‘no,’’ rollcall 55—Passage ical knowledge and equipment maintenance of Jack moved to the greater Hazleton area in of S. 47: ‘‘yes.’’ the truck. In addition to that, Mr. Barber has 1986 and became a member of the Hazleton

VerDate Mar 15 2010 02:20 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A04MR8.021 E04MRPT1 tjames on DSK6SPTVN1PROD with REMARKS E240 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 2013 SENATE COMMITTEE MEETINGS Committee on Foreign Relations guarding workforce training for Amer- Title IV of Senate Resolution 4, To hold hearings to examine United ica’s disconnected youth. States policy toward North Korea. SD–430 agreed to by the Senate of February 4, SD–419 1977, calls for establishment of a sys- Committee on Health, Education, Labor, MARCH 13 tem for a computerized schedule of all and Pensions 10 a.m. meetings and hearings of Senate com- To hold hearings to examine safe and Committee on the Judiciary mittees, subcommittees, joint commit- supportive schools, focusing on lessons To hold hearings to examine fulfilling tees, and committees of conference. from the field. the promise of open government five This title requires all such committees SD–430 years after the ‘‘OPEN Government to notify the Office of the Senate Daily Committee on the Judiciary Act’’. Digest—designated by the Rules Com- Business meeting to consider S. 150, to SD–226 mittee—of the time, place and purpose regulate assault weapons, to ensure Committee on Veterans’ Affairs of the meetings, when scheduled and that the right to keep and bear arms is To hold hearings to examine Veterans not unlimited, S. 54, to increase public any cancellations or changes in the Affairs (VA) claims process, focusing safety by punishing and deterring fire- meetings as they occur. on a review of Veterans Affairs trans- arms trafficking, S. 374, to ensure that formation efforts. As an additional procedure along all individuals who should be prohib- SR–418 with the computerization of this infor- ited from buying a firearm are listed in 2 p.m. mation, the Office of the Senate Daily the national instant criminal back- Special Committee on Aging Digest will prepare this information for ground check system and require a To hold hearings to examine Jamaican printing in the Extensions of Remarks background check for every firearm phone fraud targeting seniors. sale, S. 146, to enhance the safety of section of the CONGRESSIONAL RECORD SD–562 on Monday and Wednesday of each America’s schools, and the nomina- tions of Sheri Polster Chappell, to be week. MARCH 19 Meetings scheduled for Tuesday, United States District Judge for the 9:30 a.m. March 5, 2013 may be found in the Daily Middle District of Florida, Kenneth John Gonzales, to be United States Dis- Committee on Armed Services Digest of today’s RECORD. trict Judge for the District of New To hold hearings to examine U.S. Euro- Mexico, Michael J. McShane, to be pean Command, U.S. Northern Com- MEETINGS SCHEDULED United States District Judge for the mand, and U.S. Southern Command in review of the Defense Authorization MARCH 6 District of Oregon, and Nitza I. Quinones Alejandro, Luis Felipe Request for fiscal year 2014 and the Fu- 9:30 a.m. Restrepo, and Jeffrey L. Schmehl, all ture Years Defense Program; with the Committee on the Judiciary to be a United States District Judge possibility of a closed session in SVC– To hold an oversight hearing to examine for the Eastern District of Pennsyl- 217 following the open session. the Department of Justice. vania. SH–216 SD–226 SD–226 10 a.m. 10 a.m. 2:30 p.m. Committee on the Judiciary Committee on Homeland Security and Committee on Commerce, Science, and Subcommittee on Antitrust, Competition Governmental Affairs Transportation Policy and Consumer Rights To hold hearings to examine the Depart- To hold a joint hearing with the Com- To hold hearings to examine the Amer- ment of Homeland Security at 10 years, mittee on Homeland Security and Gov- focusing on a progress report on man- ican Airlines/US Airways merger, fo- ernmental Affairs to examine the cy- agement. cusing on consolidation, competition, bersecurity partnership between the SD–342 and consumers. Committee on Veterans’ Affairs private sector and our government, fo- SD–226 To hold a joint hearing with the House cusing on protecting our national and Committee on Veterans’ Affairs to ex- economic security. APRIL 9 amine a legislative presentation of the SD–G50 9:30 a.m. Paralyzed Veterans of America, Viet- Committee on Homeland Security and Committee on Armed Services nam Veterans of America, National As- Governmental Affairs To hold hearings to examine U.S. Pacific sociation of State Directors of Vet- To hold a joint hearing with the Com- Command and U.S. Forces Korea in re- erans Affairs, Fleet Reserve Associa- mittee on Commerce, Science, and view of the Defense Authorization Re- tion, Gold Star Wives, Air Force Ser- Transportation to examine the cyber- quest for fiscal year 2014 and the Fu- geants Association, and AMVETS. security partnership between the pri- ture Years Defense Program; with the vate sector and our government, focus- CHOB–345 possibility of a closed session in SVC– ing on protecting our national and eco- 217 following the open session. nomic security. MARCH 7 SD–G50 SD–G50 9:30 a.m. Select Committee on Intelligence Committee on Armed Services APRIL 11 To hold closed hearings to examine cer- To hold hearings to examine the U.S. Af- tain intelligence matters. 9:30 a.m. rica Command and U.S. Transportation SH–219 Committee on Armed Services Command in review of the Defense Au- To hold hearings to examine the Depart- thorization Request for fiscal year 2014 MARCH 12 ment of the Air Force in review of the and the Future Years Defense Pro- Defense Authorization Request for fis- 9:30 a.m. gram; with the possibility of a closed cal year 2014 and the Future Years De- Committee on Armed Services session in SVC–217 following the open fense Program; with the possibility of a session. To hold hearings to examine the U.S. Strategic Command and U.S. Cyber closed session in SVC–217 following the SD–106 open session. 10 a.m. Command in review of the Defense Au- SD–G50 Committee on Banking, Housing, and thorization Request for fiscal year 2014 Urban Affairs and the Future Years Defense Pro- APRIL 25 To hold hearings to examine patterns of gram; with the possibility of a closed abuse, focusing on assessing ‘‘Bank Se- session in SVC–217 following the open 9:30 a.m. crecy Act’’ compliance and enforce- session. Committee on Armed Services ment. SD–G50 To hold hearings to examine the Depart- SD–538 2:30 p.m. ment of the Navy in review of the De- Committee on Energy and Natural Re- Committee on Health, Education, Labor, fense Authorization Request for fiscal sources and Pensions year 2014 and the Future Years Defense To hold hearings to examine the nomina- Subcommittee on Employment and Work- Program; with the possibility of a tion of Sarah Jewell, of Washington, to place Safety closed session in SVC–217 following the be Secretary of the Interior. To hold hearings to examine Job Corps open session. SD–366 budget shortfall, focusing on safe- SD–106

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HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate Senate, a vote on cloture will occur on Wednesday, Chamber Action March 6, 2013. Page S1084 Routine Proceedings, pages S1075–S1094 Nominations Confirmed: Senate confirmed the fol- Measures Introduced: Twelve bills and one resolu- lowing nominations: tion were introduced, as follows: S. 434–445, and Pamela Ki Mai Chen, of New York, to be United S.J. Res. 9. Page S1088 States District Judge for the Eastern District of New Measures Reported: York. Pages S1078–82, S1094 Special Report entitled ‘‘Report on the Activities By a unanimous vote of 91 yeas (Vote No. EX. 28), Katherine Polk Failla, of New York, to be of the Committee on Banking, Housing, and Urban United States District Judge for the Southern Dis- Affairs of the United States Senate During the 112th trict of New York. Pages S1078–82, S1094 Congress pursuant to Rule XXVI of the Standing Rules of the United States Senate’’. (S. Rept. No. Messages from the House: Page S1086 113–2) Page S1088 Enrolled Bills Presented: Page S1086 Message from the President: Senate received the Executive Communications: Pages S1086–88 following message from the President of the United Additional Cosponsors: Pages S1088–89 States: Transmitting, pursuant to law, the continuation of Statements on Introduced Bills/Resolutions: the national emergency originally declared in execu- Pages S1089–93 tive order 13288 on March 6, 2003, with respect to Additional Statements: Pages S1085–86 the actions and policies of certain members of the Amendments Submitted: Page S1093 Government of Zimbabwe and other persons to un- Notices of Hearings/Meetings: Page S1093 dermine Zimbabwe’s democratic processes or institu- tions, as received during recess of the Senate on Record Votes: One record vote was taken today. March 1, 2013; which was referred to the Com- (Total—28) Page S1082 mittee on Banking, Housing, and Urban Affairs. Adjournment: Senate convened at 2 p.m. and ad- (PM–4) Page S1086 journed at 6:32 p.m., until 10 a.m. on Tuesday, Halligan Nomination—Cloture: Senate began March 5, 2013. (For Senate’s program, see the re- marks of the Majority Leader in today’s Record on consideration of the nomination of Caitlin Joan page S1094.) Halligan, of New York, to be United States Circuit Judge for the District of Columbia Circuit. Page S1084 Committee Meetings A motion was entered to close further debate on (Committees not listed did not meet) the nomination, and, in accordance with the provi- sions of Rule XXII of the Standing Rules of the No committee meetings were held.

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VerDate Mar 15 2010 04:26 Mar 05, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D04MR3.REC D04MRPT1 tjames on DSK6SPTVN1PROD with DIGEST D152 CONGRESSIONAL RECORD — DAILY DIGEST March 4, 2013 House of Representatives Committee on Transportation and Infrastruc- Chamber Action ture—Communication: Read a letter from Chair- Public Bills and Resolutions Introduced: 13 pub- man Shuster wherein he transmitted copies of resolu- lic bills, H.R. 933–945; and 3 resolutions, H. Con. tions to authorize 16 lease prospectuses included in Res. 20; and H. Res. 95–96 were introduced. the General Services Administration’s FY2012 and Pages H948–49 FY2013 Capital Investment and Leasing Programs and two resolutions to authorize alteration projects Additional Cosponsors: Pages H950–51 for space consolidations and exigent needs. The reso- Reports Filed: There were no reports filed today. lutions were adopted by the Committee on Trans- Speaker: Read a letter from the Speaker wherein he portation and Infrastructure on February 28, 2013. appointed Representative Messer to act as Speaker Pages H837–H938 pro tempore for today. Page H819 Presidential Message: Read a message from the Recess: The House recessed at 12:16 p.m. and re- President wherein he notified Congress of the con- convened at 2 p.m. Page H821 tinuation beyond March 6, 2013 of the national emergency declared with respect to the actions and Congressional Advisory Panel on the Governance policies of certain members of the Government of of the Nuclear Security Enterprise—Appoint- Zimbabwe and other persons to undermine ment: Read a letter from Representative Pelosi, Zimbabwe’s democratic processes or institutions—re- Democratic Leader, in which she appointed former ferred to the Committee on Foreign Affairs and or- Representative Ellen Tauscher of Washington, DC to dered to be printed (H. Rept. 113–14). the Congressional Advisory Panel on the Governance Pages H822–23 of the Nuclear Security Enterprise. Page H822 Senate Message: Message received from the Senate United States Group of the NATO Parliamen- by the Clerk and subsequently presented to the tary Assembly—Appointment: The Chair an- House today appears on pages H822 and H823. nounced the Speaker’s appointment of the following Quorum Calls—Votes: One yea-and-nay vote de- Members on the part of the House to the United veloped during the proceedings of today and appears States Group of the NATO Parliamentary Assembly: on page H837. There were no quorum calls. Representative Poe (TX), Vice Chair; Representatives Shimkus, Miller (FL), Guthrie, Marino, and Cotton. Adjournment: The House met at 12 noon and ad- Page H822 journed at 8:28 p.m. Recess: The House recessed at 2:18 p.m. and recon- vened at 5:15 p.m. Page H823 Committee Meetings No hearings were held. Suspensions: The House agreed to suspend the rules and pass the following measure: Pandemic and All-Hazards Preparedness Reau- Joint Meetings thorization Act of 2013: Concurred in the Senate No joint committee meetings were held. amendment to H.R. 307, to reauthorize certain pro- f grams under the Public Health Service Act and the COMMITTEE MEETINGS FOR TUESDAY, Federal Food, Drug, and Cosmetic Act with respect MARCH 5, 2013 to public health security and all-hazards preparedness and response, by a 2⁄3 yea-and-nay vote of 370 yeas (Committee meetings are open unless otherwise indicated) to 28 nays, Roll No. 56. Pages H823–36, H836–37 Senate Advisory Committee on the Records of Con- Committee on Armed Services: to hold hearings to examine gress—Appointment: Read a letter from Rep- the U.S. Central Command and U.S. Special Operations resentative Pelosi, Democratic Leader, in which she Command in review of the Defense Authorization Re- appointed Mr. John A. Lawrence of Washington, DC quest for fiscal year 2014 and the Future Years Defense to the Advisory Committee on the Records of Con- Program; with the possibility of a closed session in SVC–217 following the open session, 9:30 a.m., SH–216. gress. Page H836 Committee on the Budget: to hold hearings to examine re- Recess: The House recessed at 5:31 p.m. and recon- ducing the deficit by eliminating wasteful spending in vened at 6:30 p.m. Page H836 the tax code, 10:30 a.m., SD–608.

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Committee on Veterans’ Affairs: to hold a joint hearing Committee on the Judiciary: Subcommittee on Regulatory with the House Committee on Veterans’ Affairs to exam- Reform, Commercial and Antitrust Law, hearing on H.R. ine a legislative presentation of Veterans of Foreign Wars 367, the ‘‘REINS Act: Promoting Jobs, Growth and (VFW), 10 a.m., SD–G50. American Competitiveness’’, 11:30 a.m., 2237 Rayburn. Select Committee on Intelligence: to hold closed hearings to Committee on the Judiciary: Subcommittee on the Con- examine certain intelligence matters, 2:30 p.m., SH–219. stitution and Civil Justice, hearing entitled ‘‘Excessive House Litigation’s Impact on America’s Global Competitive- ness’’, 2 p.m., 2141 Rayburn. Committee on Agriculture: Full Committee, hearing enti- Committee on Natural Resources: Subcommittee on Water tled ‘‘To Review the State of the Rural Economy’’, 10 and Power, hearing on H.R. 254, the Bonneville Unit a.m., 1300 Longworth. Clean Hydropower Facilitation Act; and H.R. 678, the Committee on Appropriations: Subcommittee on Financial ‘‘Bureau of Reclamation Small Conduit Hydropower De- Services and General Government, hearing on Depart- velopment and Rural Jobs Act’’, 2 p.m., 1324 Long- ment of the Treasury Oversight, 10 a.m., B–308 Ray- worth. burn. Committee on Natural Resources: Subcommittee on Energy Committee on Appropriations: Subcommittee on Energy and Mineral Resources, hearing entitled ‘‘America’s Off- and Water Development, hearing on Department of En- shore Energy Resources: Creating Jobs, Securing America, ergy FY 2014 Budget, 10 a.m., 2362B Rayburn. Committee on Appropriations: Subcommittee on Legisla- and Lowering Prices’’, 10 a.m., 1324 Longworth. tive Branch, hearing on Architect of the Capitol FY 2014 Committee on Oversight and Government Reform: Full Com- Budget, 10 a.m., HT–2 Capitol. mittee, hearing entitled ‘‘Reducing Waste and Mis- Committee on Appropriations: Subcommittee on Legisla- management: Implementing Agency Watchdogs’ Rec- tive Branch, hearing on Open World Leadership Center ommendation Could Save Taxpayers Billions’’, 10 a.m., FY 2014 Budget, 11:30 a.m., HT–2 Capitol. 2154 Rayburn. Committee on Appropriations: Subcommittee on Labor, Committee on Rules: Full Committee, hearing on H.R. Health and Human Services, and Education, hearing on 933, Department of Defense, Military Construction and Public Health and Research Organization, Oversight, 10 Veterans Affairs, and Full-Year Funding Continuing Ap- a.m., 2358–C Rayburn. propriations Act, 2013, 3 p.m., H–313 Capitol. Committee on Appropriations: Subcommittee on Com- Committee on Science, Space, and Technology: Subcommittee merce, Justice, and Science, hearing on Oversight of the on Research, hearing entitled ‘‘Scientific Integrity & Department of Commerce, 10 a.m., H–309 Capitol. Transparency’’, 10 a.m., 2318 Rayburn. Committee on Appropriations: Subcommittee on Military Committee on Transportation and Infrastructure: Sub- Construction, Veterans Affairs, hearing on Force Structure committee on Railroad, Pipelines and Hazardous Mate- Issues and the Impact on Military Construction, 10:30 rials, hearing entitled ‘‘Freight and Passenger Rail in a.m., 2359 Rayburn. America’s Transportation System’’, 11 a.m., 2167 Ray- Committee on Armed Services: Full Committee, hearing on burn. the posture of the U.S. Pacific Command and U.S. Stra- Committee on Ways and Means: Subcommittee on Over- tegic Command, 10 a.m., 2118 Rayburn. sight, organizational meeting, 11 a.m., 1100 Longworth. Committee on Education and the Workforce: Subcommittee Committee on Ways and Means: Subcommittee on Over- on Health, Employment, Labor and Pensions, hearing en- sight, hearing entitled ‘‘Tax-Related Provisions in the titled ‘‘Challenges Facing Multiemployer Pension Plans: President’s Health Care Law’’, 11 a.m., 1100 Longworth. Reviewing the Latest Findings by PBGC and GAO’’, 10 Committee on Ways and Means: Subcommittee on Trade, a.m., 2175 Rayburn. organizational meeting, 4 p.m., 1105 Longworth. Committee on Energy and Commerce: Subcommittee on En- ergy and Power, hearing entitled ‘‘American Energy Secu- f rity and Innovation: The Role of a Diverse Electricity Generation Portfolio’’, 10 a.m., 2322 Rayburn. CONGRESSIONAL PROGRAM AHEAD Committee on Financial Services: Subcommittee on Mone- tary Policy and Trade, hearing entitled ‘‘Near-Zero Rate, Week of March 5 through March 8, 2013 Near-Zero Effect? Is ‘Unconventional’ Monetary Policy Really Working?’’, 10 a.m., 2128 Rayburn. Senate Chamber Committee on Foreign Affairs: Full Committee, hearing On Tuesday, at approximately 11:45 a.m., Senate entitled ‘‘North Korea’s Criminal Activities: Financing the Regime’’, 10 a.m., 2172 Rayburn. will begin consideration of S. Res. 64, Committee Committee on House Administration: Full Committee, Expenditure Authorization, with a vote on or in rela- hearing on Committee Funding for the 113th Congress, tion to the Paul amendment, at approximately 12:15 10:30 a.m., 1310 Longworth. p.m. Upon disposition of the Paul amendment, Sen- Committee on the Judiciary: Subcommittee on Immigra- ate will vote on adoption of the resolution. tion and Border Security, hearing entitled ‘‘Enhancing During the balance of the week, Senate may con- American Competitiveness through Skilled Immigration’’, sider any cleared legislative and executive business. 10 a.m., 2141 Rayburn.

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Schmehl, all to be a in SVC–217 following the open session, 9:30 a.m., United States District Judge for the Eastern District of SH–216. Pennsylvania, 10 a.m., SD–226. March 7, Full Committee, to hold hearings to examine Committee on Veterans’ Affairs: March 5, to hold a joint the U.S. Africa Command and U.S. Transportation Com- hearing with the House Committee on Veterans’ Affairs mand in review of the Defense Authorization Request for fiscal year 2014 and the Future Years Defense Program; to examine a legislative presentation of Veterans of For- with the possibility of a closed session in SVC–217 fol- eign Wars (VFW), 10 a.m., SD–G50. lowing the open session, 9:30 a.m., SD–106. March 6, Full Committee, to hold a joint hearing with Committee on Banking, Housing, and Urban Affairs: the House Committee on Veterans’ Affairs to examine a March 7, to hold hearings to examine patterns of abuse, legislative presentation of the Paralyzed Veterans of focusing on assessing ‘‘Bank Secrecy Act’’ compliance and America, Vietnam Veterans of America, National Associa- enforcement, 10 a.m., SD–538. tion of State Directors of Veterans Affairs, Fleet Reserve Committee on the Budget: March 5, to hold hearings to Association, Gold Star Wives, Air Force Sergeants Asso- examine reducing the deficit by eliminating wasteful ciation, and AMVETS, 10 a.m., 345, Cannon Building. spending in the tax code, 10:30 a.m., SD–608. Select Committee on Intelligence: March 5, to hold closed Committee on Commerce, Science, and Transportation: March hearings to examine certain intelligence matters, 2:30 7, to hold a joint hearing with the Committee on Home- p.m., SH–219. land Security and Governmental Affairs to examine the March 7, Full Committee, to hold closed hearings to cybersecurity partnership between the private sector and examine certain intelligence matters, 2:30 p.m., SH–219. our government, focusing on protecting our national and economic security, 2:30 p.m., SD–G50. House Committees Committee on Energy and Natural Resources: March 7, to Committee on Agriculture, March 5, Full Committee, hold hearings to examine the nomination of Sarah Jewell, hearing entitled ‘‘To Review the State of the Rural Econ- of Washington, to be Secretary of the Interior, 10 a.m., omy’’, 10 a.m., 1300 Longworth. SD–366. Committee on Appropriations, March 5, Subcommittee on Committee on Foreign Relations: March 7, to hold hear- Financial Services and General Government, hearing on ings to examine United States policy toward North Department of the Treasury Oversight, 10 a.m., B–308 Korea, 10 a.m., SD–419. Rayburn. Committee on Health, Education, Labor, and Pensions: March 5, Subcommittee on Energy and Water Devel- March 7, to hold hearings to examine safe and supportive opment, hearing on Department of Energy FY 2014 schools, focusing on lessons from the field, 10 a.m., Budget, 10 a.m., 2362B Rayburn. SD–430. March 5, Subcommittee on Legislative Branch, hearing Committee on Homeland Security and Governmental Affairs: on Architect of the Capitol FY 2014 Budget, 10 a.m., March 6, to hold hearings to examine the Department of Homeland Security at 10 years, focusing on a progress re- HT–2 Capitol. port on management, 10 a.m., SD–342. March 5, Subcommittee on Legislative Branch, hearing March 7, Full Committee, to hold a joint hearing with on Open World Leadership Center FY 2014 Budget, the Committee on Commerce, Science, and Transpor- 11:30 a.m., HT–2 Capitol. tation to examine the cybersecurity partnership between March 5, Subcommittee on Labor, Health and Human the private sector and our government, focusing on pro- Services, and Education, hearing on Public Health and tecting our national and economic security, 2:30 p.m., Research Organization, Oversight, 10 a.m., 2358–C Ray- SD–G50. burn. Committee on the Judiciary: March 6, to hold an over- March 5, Subcommittee on Commerce, Justice, and sight hearing to examine the Department of Justice, 9:30 Science, and Related Agencies, hearing on Oversight of a.m., SD–226. the Department of Commerce, 10 a.m., H–309 Capitol. March 7, Full Committee, business meeting to consider March 5, Subcommittee on Military Construction, Vet- S. 150, to regulate assault weapons, to ensure that the erans Affairs, and Related Agencies, hearing on Force right to keep and bear arms is not unlimited, S. 54, to Structure Issues and the Impact on Military Construction, increase public safety by punishing and deterring firearms 10:30 a.m., 2359 Rayburn. trafficking, S. 374, to ensure that all individuals who March 6, Subcommittee on Agriculture, Rural Devel- should be prohibited from buying a firearm are listed in opment, Food and Drug Administration, and Related the national instant criminal background check system Agencies, hearing on Commodity Futures Trading Com- and require a background check for every firearm sale, S. mission FY 2014 Budget, 10 a.m., 2362–A Rayburn.

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March 6, Subcommittee on Legislative Branch, hearing March 6, Subcommittee on Health, hearing entitled on the United States Capitol Police, 10 a.m., HT–2 Cap- ‘‘Saving Seniors and Our Most Vulnerable Citizens from itol. an Entitlement Crisis’’, 10:15 a.m., 2322 Rayburn. March 6, Subcommittee on Transportation, Housing March 7, Subcommittee on Health, hearing entitled and Urban Development, and Related Agencies, hearing ‘‘Unaffordable: Impact of Obamacare on Americans’ on Sandy Disaster Relief and Recovery, 10 a.m., 2358–A Health Insurance Premiums’’, 10 a.m., 2123 Rayburn. Rayburn. Committee on Financial Services, March 5, Subcommittee March 6, Subcommittee on Labor, Health and Human on Monetary Policy and Trade, hearing entitled ‘‘Near- Services, Education, and Related Agencies, hearing on ad- Zero Rate, Near-Zero Effect? Is ‘Unconventional’ Mone- dressing Social Security Administration’s Management tary Policy Really Working?’’, 10 a.m., 2128 Rayburn. Challenges in a Fiscally Constrained Environment, 10 March 6, Subcommittee on Capital Markets and Gov- a.m., 2358–C Rayburn. ernment Sponsored Enterprises, hearing entitled ‘‘Fannie March 6, Subcommittee on Commerce, Justice, Mae and Freddie Mac: How Government Housing Policy Science, and Related Agencies, hearing on National Failed Homeowners and Taxpayers and Led to the Finan- Science Foundation, 11 a.m., H–309 Capitol. cial Crisis’’, 10 a.m., 2128 Rayburn. March 6, Subcommittee on Financial Services and Gen- Committee on Foreign Affairs, March 5, Full Committee, eral Government, hearing on Small Business Administra- hearing entitled ‘‘North Korea’s Criminal Activities: Fi- tion, 2 p.m., 2359 Rayburn. nancing the Regime’’, 10 a.m., 2172 Rayburn. March 7, Subcommittee on Agriculture, Rural Devel- Committee on Homeland Security, March 6, Full Com- opment, Food and Drug Administration, and Related mittee, hearing entitled ‘‘DHS Cybersecurity: Roles and Agencies, hearing on Department of Agriculture, 10 a.m., Responsibilities to Protect the Nation’s Critical Infra- 2362–A Rayburn. structure’’, 10:30 a.m., 311 Cannon. March 7, Subcommittee on Military Construction, Vet- Committee on House Administration, March 5, Full Com- erans Affairs and Related Agencies, hearing on Quality of mittee, hearing on Committee Funding for the 113th Life in the Military, 10:30 a.m., 2358–A Rayburn. Congress, 10:30 a.m., 1310 Longworth. Committee on Armed Services, March 5, Full Committee, March 6, Full Committee, hearing on Committee hearing on the posture of the U.S. Strategic Command Funding for the 113th Congress, 10:30 a.m., 1310 Long- and U.S. Pacific Command, 10 a.m., 2118 Rayburn. worth. March 6, Full Committee, hearing on posture of the Committee on the Judiciary, March 5, Subcommittee on U.S. Central Command, U.S. Special Operations Com- Immigration and Border Security, hearing entitled ‘‘En- mand, and U.S. Transportation Command, 10 a.m., 2118 Rayburn. hancing American Competitiveness through Skilled Im- March 6, Subcommittee on Military Personnel, hearing migration’’, 10 a.m., 2141 Rayburn. on military suicide prevention, 2 p.m., 2212 Rayburn. March 5, Subcommittee on Regulatory Reform, Com- March 6, Subcommittee on Strategic Forces, hearing on mercial and Antitrust Law, hearing on H.R. 367, the the U.S. Nuclear Deterrent: What Are the Requirements ‘‘REINS Act: Promoting Jobs, Growth and American for a Strong Deterrent in an Era of Defense Sequester?, Competitiveness’’, 11:30 a.m., 2237 Rayburn. 3:30 p.m., 2118 Rayburn. March 5, Subcommittee on the Constitution and Civil March 7, Full Committee, hearing on the posture of Justice, hearing entitled ‘‘Excessive Litigation’s Impact on the U.S. Northern Command and U.S. Southern Com- America’s Global Competitiveness’’, 2 p.m., 2141 Ray- mand, 10 a.m., 2118 Rayburn. burn. Committee on the Budget, March 7, Full Committee, March 7, Subcommittee on Courts, Intellectual Prop- hearing entitled ‘‘Member’s Day’’, 10 a.m., 210 Cannon. erty and the Internet, hearing entitled ‘‘Abusive Patent Committee on Education and the Workforce, March 5, Sub- Litigation: The Impact on American Innovation and Jobs, committee on Health, Employment, Labor, and Pensions, and Potential Solutions’’, 9 a.m., 2141 Rayburn. hearing entitled ‘‘Challenges Facing Multiemployer Pen- Committee on Natural Resources, March 5, Subcommittee sion Plans: Reviewing the Latest Findings by PBGC and on Water and Power, hearing on H.R. 254, the ‘‘Bonne- GAO’’, 10 a.m., 2175 Rayburn. ville Unit Clean Hydropower Facilitation Act’’; and H.R. March 6, Full Committee, markup on H.R. 803, the 678, the ‘‘Bureau of Reclamation Small Conduit Hydro- ‘‘Supporting Knowledge and Investing in Lifelong Skills power Development and Rural Jobs Act’’, 2 p.m., 1324 Act’’, 10 a.m., 2175 Rayburn. Longworth. Committee on Energy and Commerce, March 5, Sub- March 5, Subcommittee on Energy and Mineral Re- committee on Energy and Power, hearing entitled sources, hearing entitled ‘‘America’s Offshore Energy Re- ‘‘American Energy Security and Innovation: The Role of sources: Creating Jobs, Securing America, and Lowering a Diverse Electricity Generation Portfolio’’, 10 a.m., 2322 Prices’’, 10 a.m., 1324 Longworth. Rayburn. Committee on Oversight and Government Reform, March 5, March 6, Subcommittee on Commerce, Manufacturing, Full Committee, hearing entitled ‘‘Reducing Waste and and Trade, hearing entitled ‘‘Our Nation of Builders: Mismanagement: Implementing Agency Watchdogs’ Rec- Powering U.S. Automobile Manufacturing Forward’’, 10 ommendation Could Save Taxpayers Billions’’, 10 a.m., a.m., 2123 Rayburn. 2154 Rayburn.

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Committee on Rules, March 5, Full Committee, hearing March 6, Subcommittee on Economic Development, on H.R. 933, Department of Defense, Military Construc- Public Buildings and Emergency Management, hearing tion and Veterans Affairs, and Full-Year Funding Con- entitled ‘‘FBI Headquarters Consolidation’’, 10 a.m., tinuing Appropriations Act, 2013, 3 p.m., H–313 Cap- 2167 Rayburn. itol. Committee on Veterans’ Affairs, March 6, Subcommittee Committee on Science, Space, and Technology, March 5, Sub- on Oversight and Investigations, hearing entitled ‘‘Wait- committee on Research, hearing entitled ‘‘Scientific In- ing for Care: Examining Patient Wait Times at VA’’, tegrity and Transparency’’, 10 a.m., 2318 Rayburn. 1:30 p.m., 334 Cannon. March 6, Full Committee, hearing entitled ‘‘Threats March 7, Subcommittee on Disability Assistance and from Space: Meteors and Comets, Part I’’, 2 p.m., 2318 Memorial Affairs, hearing entitled ‘‘Sustaining the Sacred Rayburn. Trust: An Update on our National Cemeteries’’, 10 a.m., March 6, Subcommittee on the Environment, hearing entitled ‘‘Policy-Relevant Climate Issues in Context’’, 10 334 Cannon. a.m., 2318 Rayburn. Committee on Ways and Means, March 5, Subcommittee Committee on Small Business, March 6, Full Committee, on Oversight, organizational meeting, 11 a.m., 1100 hearing entitled ‘‘The Health Care Law: Implementation Longworth. and Small Businesses’’, 1 p.m., 2360 Rayburn. March 5, Subcommittee on Oversight, hearing entitled March 7, Subcommittee on Contracting and Work- ‘‘Tax-Related Provisions in the President’s Health Care force; and Subcommittee on Oversight and Investigation, Law’’, 11 a.m., 1100 Longworth. joint subcommittee hearing entitled ‘‘Consistently Incon- March 5, Subcommittee on Trade, organizational meet- sistent: Challenges for Service-Disabled Veteran-Owned ing, 4 p.m., 1105 Longworth. Small Businesses’’, 10 a.m., 2360 Rayburn. March 6, Full Committee, markup on H.R. 890, ‘‘Pre- Committee on Transportation and Infrastructure, March 5, serving Work Requirements for Welfare Programs Act of Subcommittee on Railroad, Pipelines, and Hazardous Ma- 2013’’, 9:30 a.m., 1100 Longworth. terials, hearing entitled ‘‘Freight and Passenger Rail in March 7, Subcommittee on Social Security, hearing en- America’s Transportation System’’, 11 a.m., 2167 Ray- titled ‘‘Financing Challenges Facing the Social Security burn. Disability Insurance Program’’, 9 a.m., B–318 Rayburn.

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Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED THIRTEENTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 3 through February 28, 2013 January 3 through February 28, 2013

Senate House Total Civilian nominations, totaling 81, disposed of as follows: Days in session ...... 21 23 . . Confirmed ...... 5 ′ ′ Time in session ...... 129 hrs., 33 77 hrs., 25 .. Unconfirmed ...... 76 Congressional Record: Pages of proceedings ...... 1,073 818 . . Extensions of Remarks ...... 231 . . Other Civilian nominations, totaling 5, disposed of as follows: Public bills enacted into law ...... 3 3 Private bills enacted into law ...... Unconfirmed ...... 5 Bills in conference ...... Measures passed, total ...... 42 45 87 Senate bills ...... 3 1 . . Air Force nominations, totaling 322, disposed of as follows: House bills ...... 4 14 . . Confirmed ...... 248 Senate joint resolutions ...... Unconfirmed ...... 74 House joint resolutions ...... Senate concurrent resolutions ...... 3 3 . . House concurrent resolutions ...... 2 3 . . Army nominations, totaling 723, disposed of as follows: Simple resolutions ...... 30 24 . . Confirmed ...... 623 Measures reported, total ...... *23 *10 33 Unconfirmed ...... 100 Senate bills ...... 2 . . . . House bills ...... 1 5 . . Senate joint resolutions ...... Navy nominations, totaling 50, disposed of as follows: House joint resolutions ...... Senate concurrent resolutions ...... Confirmed ...... 33 House concurrent resolutions ...... Unconfirmed ...... 17 Simple resolutions ...... 20 5 . . Special reports ...... 1 . . . . Conference reports ...... Marine Corps nominations, totaling 751, disposed of as follows: Measures pending on calendar ...... 15 . . . . Confirmed ...... 50 Measures introduced, total ...... 511 1,077 1,588 Unconfirmed ...... 701 Bills ...... 433 932 .. Joint resolutions ...... 8 32 . . Concurrent resolutions ...... 4 19 . . Summary Simple resolutions ...... 66 94 . . Quorum calls ...... 1 1 . . Total nominations carried over from the First Session ...... 0 Yea-and-nay votes ...... 27 35 . . Total nominations received this Session ...... 1,932 Recorded votes ...... 19 . . Total confirmed ...... 959 Bills vetoed ...... Total unconfirmed ...... 973 Vetoes overridden ...... Total withdrawn ...... 0 Total returned to the White House ...... 0 * These figures include all measures reported, even if there was no accom- panying report. A total of 1 written report has been filed in the Senate, 10 reports have been filed in the House.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:00 a.m., Tuesday, March 5 10 a.m., Tuesday, March 5

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: Consideration of the following morning business (not to extend beyond 11:45 a.m.), Sen- measures under suspension of the rules: 1) H.R. 668— ate will begin consideration of S. Res. 64, Committee Ex- To amend section 1105(a) of title 31, United States Code, penditure Authorization, with votes on or in relation to to require that annual budget submissions of the Presi- a Paul amendment and on adoption of the resolution at dent to Congress provide an estimate of the cost per tax- approximately 12:15 p.m. payer of the deficit and 2) H.R. 338—The Stop Tobacco (Senate will recess from 12:30 p.m. until 2:15 p.m. for their Smuggling in the Territories Act of 2013. respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Israel, Steve, N.Y., E235 Shimkus, John, Ill., E233 Johnson, Eddie Bernice, Tex., E237, E238 Simpson, Michael K., Idaho, E235 Barletta, Lou, Pa., E239 Michaud, Michael H., Me., E235 Speier, Jackie, Calif., E236 Brooks, Susan W., Ind., E238 Miller, Jeff, Fla., E237 Thompson, Bennie G., Miss., E239 Capps, Lois, Calif., E233 Moran, James P., Va., E236 Thompson, Mike, Calif., E236 Cartwright, Matt, Pa., E233 Pallone, Frank, Jr., N.J., E235 Crenshaw, Ander, Fla., E233 Paulsen, Erik, Minn., E234, E236 Titus, Dina, Nev., E234 Daines, Steve, Mont., E237 Reed, Tom, N.Y., E237, E238, E239 Young, Don, Alaska, E234 Farr, Sam, Calif., E233 Schakowsky, Janice D., Ill., E238

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