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

Vol. 159 WASHINGTON, WEDNESDAY, JULY 31, 2013 No. 112 Senate The Senate met at 9:30 a.m. and was Senator from the Commonwealth of Massa- SCHEDULE called to order by the Honorable ED- chusetts, to perform the duties of the Chair. PATRICK J. LEAHY, Mr. REID. Following leader remarks WARD J. MARKEY, a Senator from the the Senate will resume consideration Commonwealth of Massachusetts. President pro tempore. Mr. MARKEY thereupon assumed the of the Transportation, Housing and Urban Development appropriations PRAYER chair as Acting President pro tempore. bill. At about 10:45 there will be a roll- The Chaplain, Dr. Barry C. Black, of- f call vote in relation to the Paul fered the following prayer: amendment. As I have indicated to him Let us pray. RECOGNITION OF THE MAJORITY and others, we will probably move to God of grace, glory, and power, the LEADER table that. That will be up to the two battle belongs to You. Forgive us for managers of the bill, but I understand The ACTING PRESIDENT pro tem- fearing the future, forgetting how You that is what they are going to do—or pore. The majority leader is recog- have led us in the past. Forgive us also someone will do. nized. for our haste to paint a caricature of Following disposition of the Paul the many because of the mistakes of f amendment, the Senate will proceed to the few. Lord, remind us that fierce executive session to consider the Jones winds bring no anxiety to those who RECOGNIZING SENATOR MARKEY nomination to be Director of the ATF. keep theirs eyes on You. We will do this vote just as quickly as Lord, today, imbue our lawmakers Mr. REID. Mr. President, just a brief I can work out an appropriate time and the members of their staffs with word or two about the Presiding Offi- with the Republican leader. Your wisdom, that they may know the cer. When he took the oath to become Yesterday I filed cloture on the road to take. Sustain those who coura- a Senator, we had a lot of things going THUD bill. As a result, the filing dead- geously bear the burdens of the on here. I did not have the opportunity line for all first-degree amendments on marginalized. to say as much about him as I would that bill is 1 p.m. today. We pray in Your great Name. Amen. have liked because we were in the thralls of a real battle that we seem to f f have resolved. MEASURE PLACED ON THE I do not know if there is anyone in CALENDAR—S. 1392 PLEDGE OF ALLEGIANCE my 31 years of Congress who has been The Presiding Officer led the Pledge better prepared to be a Senator than Mr. REID. I am told S. 1392 is at the of Allegiance, as follows: the Senator from Massachusetts who desk and due for a second reading. If that is true, I ask the clerk to report I pledge allegiance to the Flag of the now is the Presiding Officer. His stun- United States of America, and to the Repub- ning record has already been estab- the same. lic for which it stands, one nation under God, lished with his work in the Senate. I The ACTING PRESIDENT pro tem- indivisible, with liberty and justice for all. have, from afar, admired this good man pore. The clerk will read the bill by and for 4 years up close when I served title for the second time. f in the House with him. His work for The assistant legislative clerk read as follows: APPOINTMENT OF ACTING the environment has been unparalleled. PRESIDENT PRO TEMPORE His is one of the rare voices that have A bill (S. 1392) to promote energy savings for many years understood the dangers in residential buildings and industry, and for The PRESIDING OFFICER. The of nuclear waste. He has been aware of other purposes. clerk will please read a communication the benefits of nuclear power but also Mr. REID. Mr. President, I object to to the Senate from the President pro the dangers. any further proceedings on this bill at tempore (Mr. LEAHY). There is a long re´sume´ the Presiding this time. The assistant legislative clerk read Officer has. I want the record to reflect The ACTING PRESIDENT pro tem- the following letter: that I am terribly impressed with the pore. Objection having been heard, the U.S. SENATE, work he has already done in the House bill will be placed on the calendar. PRESIDENT PRO TEMPORE, and will be even more impressed with Washington, DC, July 31, 2013. f the work he will do here in the Senate. To the Senate: THE TAX CODE Under the provisions of rule I, paragraph 3, The people of Massachusetts are very of the Standing Rules of the Senate, I hereby fortunate in having the Presiding Offi- Mr. REID. Mr. President, when Presi- appoint the Honorable EDWARD J. MARKEY, a cer from Massachusetts. dent Obama proposed a plan yesterday

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

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But blow up an important bipartisan and happy, but the Republican leader- we will not agree to any plan that bal- achievement by busting the spending ship in the Congress surprised me and I ances the budget by killing jobs even caps to which both parties already think a lot of people by their reaction. more than already and whacking the agreed. Just a few months ago Leader MCCON- middle class, and that is while holding Republicans do not believe we should NELL signaled he would be open to a the richest individuals and corpora- be breaking our commitments to the plan to reform the Tax Code. This is tions harmless. American people, and breaking com- what he said: Democrats believe we must offset the mitments in order to overspend, as Democrats propose, seems like an even I’m told President Obama is going to come harsh spending cuts of the last few out for lowering the corporate tax rate. To years with job creation that puts the worse reason for them to shut down the the extent he wants to do some of these middle class back on track. To get the government. So I hope they will not. I things, our answer is going to be yes. economy back to full steam, we should hope they will think about the ‘‘third It is amazing how quickly his answer be making targeted investments in way’’ offer we have made to them too— went from yes to no, no. Republicans areas such as infrastructure and edu- that we would happily discuss exchang- have favored corporate tax reform for cation—things that have always helped ing some of the particular cuts they do not like for government reforms, the decades. We have heard them say so. America grow and succeed. kinds of innovative ideas that can get This was one of the mantras during the f our economy back on track and our Presidential campaign. But now that RECOGNITION OF THE MINORITY government back in the black not just President Obama is proposing it, Re- LEADER in the immediate term but over the publicans are opposing it. long haul. This policy discussion has The President’s thoughtful approach The ACTING PRESIDENT pro tem- pore. The Republican leader is recog- never been more relevant, especially would couple lower tax rates, corporate when we look at what is happening in nized. tax rates, with investments in job-cre- Detroit and what is happening in Eu- ating measures, such as roads and f rope, when we realize that the real- bridges and dams, worker training pro- PRESIDENTIAL LEADERSHIP world consequences of putting off re- grams, and manufacturing incentives. form are no longer just abstract or hy- Mr. MCCONNELL. Mr. President, you He was in the State of Tennessee pothetical, they are here, they are real, when he made this announcement. know there is not much to say about the President’s speech yesterday other and they are now. They are a picture book as to how cor- The experts tell us that the United than that he actually retreated from porate interests there can really move States is already on a completely previous commitments to a more bi- on. They have done a great job in Ten- unsustainable fiscal trajectory and partisan, revenue-neutral corporate tax nessee, and I would bet that at every that we need to make some big changes corporation in Tennessee they were reform and then tried to sell that rejec- today if we want to avoid a similar elated to hear what President Obama tion of bipartisanship as some ‘‘grand fate. They also tell us that, unlike De- had to say yesterday. bargain’’—I mean, only in Washington. troit or Greece, America still has some It is going to take a balanced ap- But let me say this: It really would be time to chart its own future—but not proach and include smart spending nice to see the President work with long. That is why the choices we make cuts, closing wasteful loopholes and Congress for a change to get some im- today are so important. We can follow asking corporations that will benefit portant work done for the American the Democratic path to austerity—the from lower tax rates to contribute people. Republicans have been eager to path of breaking spending caps wide their fair share. Even Speaker BOEHNER do this all along, but, really, it is al- open and borrowing more money we do supported this approach in the past. most as if there is a ‘‘Gone not have, of callously rejecting reform This is what he said just a short time Campaignin’ ’’ sign outside the Oval Of- and blissfully denying the future. That ago: fice—a ‘‘Gone Campaignin’’’ sign out- path inevitably leads to European-style If we want to put Americans back to work, side the Oval Office. On the rarest of austerity, to the decimation of the I think lowering the corporate tax rate is occasions when he does come to the middle class, to desperation for the critically important. And to do that, I think Hill, as he will today, you find out it is least among us, or we can follow the we have to look at the tax-expenditure side, basically just for another internal cam- Republican path to reform and growth, the deductions, credits, and other gimmicks paign rally with Democrats. a path of smart choices, innovative re- that may be in the tax code and that have I hope he will finally get serious and forms, and orienting our economy to- accumulated over the last 30 years. make one of his famous pivots—this ward the future. The Republican path I do not say this very often, but time in a new direction toward effec- not only prevents austerity tomorrow Speaker BOEHNER was right. tive policy and away from the never- but leads to more jobs and a better This is the kind of balanced approach ending political sideshow. But it is economy today. The Democratic path to deficit reduction the American peo- hard to see, especially when you con- to austerity or a Republican path to re- ple favor—a simpler tax code that low- sider that the President’s party is now form and growth, these are the choices. ers rates, makes our businesses more attempting to blow up one of the most Voting for appropriations legislation competitive, but also raises new rev- genuinely bipartisan accomplishments that blatantly violates budget reforms enue to invest in job creation. We have of the Obama era. already agreed to by both parties learned that the sequestration has al- The Budget Control Act that was moves our country in exactly the ready cut 1.6 million jobs, so we need agreed upon two summers ago rep- wrong direction. It puts us on the job creation. We need to help the mid- resented a commitment from Wash- Democratic path to austerity. That is dle class by creating jobs. As President ington to America, a bipartisan prom- one of the many reasons I will be vot- Obama said, if we are going to give ise to enact $2.1 trillion in spending ing against this spending bill, and I businesses a better deal, we need to control. Last year the slightest hint of urge my colleagues to do the same. It give workers a better deal also. We can fiddling with the spending caps led to a is time to get serious about the chal- use the money we save by simplifying furious response from senior Wash- lenges we face. It is time to work to- the Tax Code to create jobs now, right ington Democrats. It even led to a veto gether to reposition America for away, jobs that can never be threat from the White House. But now growth and prosperity and sustain- outsourced. Both Democrats and Re- Washington Democrats are tired of bi- ability in the 21st century. publicans can get something they partisanship. The commitments they If the President is willing to get off want, and the economy gets the shot in made have become an inconvenience to the campaign trail and show some lead- the arm it needs. their special interest agenda, so now ership with his party—convince them

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A lot of thank her for that and apologize for all Democrats. other Senators will miss him every bit the canceled trips and lost weekends. I f as much as I will. know it wasn’t always easy to see it in Rohit says he was drawn to public the moment, but he has made an enor- TRIBUTE TO ROHIT KUMAR service by the example of his parents, mous difference not just to me but our Mr. MCCONNELL. Mr. President, I both of whom are doctors, and viewed country. would like to say a few words about my their work as more of a calling than a I can’t promise the transition will be departing deputy chief of staff Rohit source of income. His dad is a widely easy. He might want to find a good 10- Kumar, who announced a few weeks respected and well-known teacher at step BlackBerry recovery program back he would be leaving the Senate at the university level, and his mom when we finally take it away from him, the end of this week. worked at a VA hospital. but I am sure he will figure it out. Many of the Members of the Senate Rohit wasn’t drawn to medicine, but With that, I wish Rohit all the best know Rohit pretty well. He has been like his folks he wanted to make a dif- in the future. I know he has a bright trolling the floor out here for a long ference, and that is what drew him to one. I understand he will be unem- time, telling us on the Republican side politics. He got his start by answering ployed after the weekend, but I expect what to do and how to do it. He has phones for the mayor of Dallas, and that won’t last long. been a constant presence at my side at then translated that into an internship Rohit, if you ever want to come back, just about every legislative battle we for Phil Gramm’s State office after his we always have a place for you. have had here in the Senate for the sophomore year at Duke. After grad- Thanks, buddy. past 61⁄2 years; actually, even before uating in just 3 years, he took a job in I yield the floor. that, when he was working for Leader Senator Gramm’s Washington office as f Frist, and I was over in the whip’s of- an LA, and did that for a couple of RESERVATION OF LEADER TIME fice. years before heading off to law school. So many of us could recount Rohit’s The plan was to become a Federal The ACTING PRESIDENT pro tem- many talents, but as his boss it falls on prosecutor. So he moved down to Char- pore. Under the previous order, the me to do it, and I am happy to do it be- lottesville, stayed there for a clerkship leadership time is reserved. cause we have been through a lot. The on the Fourth Circuit, and then saw his f first thing to say about Rohit is that plan go up in smoke when he called Senator Gramm for career advice. TRANSPORTATION, HOUSING AND his mind is like a trap. He has the an- URBAN DEVELOPMENT AND RE- swer to literally every question the Rohit told him what he was thinking, and Senator Gramm listened. Senator LATED AGENCIES APPROPRIA- moment you ask him, and he has usu- TIONS ACT, 2014 ally thought through the politics of it Gramm then told him he thought it too. That might not sound terribly un- would be a much better idea if he came The ACTING PRESIDENT pro tem- usual, but I assure you it is rare in this back to the Senate and worked for him pore. Under the previous order, the business to come across somebody who instead. Senator Gramm can be pretty Senate will resume consideration of S. combines a brilliant mind for policy persuasive. Rohit agreed, and he has 1243. The clerk will report the bill by and a brilliant mind for politics in one been here ever since. title. It wasn’t a straight line. About a The assistant legislative clerk read package, but that is Rohit. He is re- month after Rohit got here, Gramm as follows: markable that way. It is one of the rea- announced he wasn’t running for re- sons he has been indispensable to me, A bill (S. 1243) making appropriations for election. Over the year that followed, the Departments of Transportation, and not only in the day-to-day stuff but es- Rohit impressed a lot of folks. It Housing and Urban Development, and related pecially on the three major deals I wasn’t long before Senator Lott picked agencies for the fiscal year ending Sep- helped broker with Vice President up the phone and asked him if he would tember 30, 2014, and for other purposes. BIDEN, starting with the 2-year exten- join him in the leader’s office. Rohit Pending: sion of the Bush tax cuts in late 2010, accepted, and then spent pretty much Murray (for Cardin) modified amendment the debt limit deal we arrived at in the his entire time there figuring out how No. 1760, to require the Secretary of Trans- summer of 2011, and then, of course, to get the Department of Homeland Se- portation to submit to Congress a report re- the fiscal cliff agreement at the end of curity up and running in such a way lating to the condition of lane miles and last year in which we locked in the highway bridge deck. that it wouldn’t be hamstrung by union Coburn amendment No. 1750, to prohibit Bush tax rates permanently for 99 per- rules. cent of Americans. That is something funds from being directed to Federal employ- Over a holiday weekend in late 2002, ees with unpaid Federal tax liability. we couldn’t even do, by the way, when he got a taste of things to come. Presi- Coburn amendment No. 1751, to prohibit we had a Republican House, a Repub- dent Bush wanted DHS approved, so Federal funding of union activities by Fed- lican Senate, and a Republican Presi- Rohit and a few other key staffers had eral employees. dent. a holiday weekend to do it. They start- Coburn amendment No. 1754, to prohibit Federal funds from being used to meet the Every one of those agreements in- ed writing the bill on a Thursday night volved a lot of work, a lot of nights and matching requirements of other Federal pro- and wrapped it up by Tuesday morning. grams. weekends, and tremendous focus. We Rohit stuck around during the Frist Murphy amendment No. 1783, to require couldn’t have done any of them with- years, gaining even more experience the Secretary of Transportation to assess out Rohit. Anything that ever came up and impressing even more people—in- the impact on domestic employment of a in those discussions, Rohit can tell us cluding me. When Leader Frist left at waiver of the Buy American requirement for the upsides and the downsides, where the end of 2006, I brought him onto my Federal-aid highway projects prior to issuing the other side was willing to go and leadership team, and it has been one of the waiver. where they weren’t. He knew where all the best hiring decisions I have ever The ACTING PRESIDENT pro tem- the tripwires were, and it is because of made. As I said, he has been an ex- pore. The Senator from Kentucky. these same skills as well as his grasp of traordinary help to me and a great guy AMENDMENT NO. 1739 Senate rules and procedure that he has to have around. He is not only whip Mr. PAUL. Mr. President, I ask unan- become sort of an informal adviser to smart, but he has a fantastic sense of imous consent to call up amendment the entire Republican conference over humor and work ethic like I have never No. 1739. the years. seen. The ACTING PRESIDENT pro tem- It is not at all unusual for me to I thank Rohit for his dedication and pore. Without objection, it is so or- walk back to Rohit’s desk and see him service to me and to the Senate. Since dered.

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6086 CONGRESSIONAL RECORD — SENATE July 31, 2013 The clerk will report the amendment. tivities under the heading ‘‘BRIDGES IN CRIT- Countries such as Egypt are getting The assistant legislative clerk read ICAL CORRIDORS’’. billions of dollars in aid. Meanwhile, as follows: Mr. PAUL. A once great city, De- they recently let a mob advance and The Senator from Kentucky [Mr. PAUL] troit, lies in ruins with 50,000 feral dogs climb atop our Embassy and then burn proposes an amendment numbered 1739. roaming the city, and abandoned our flag. I say not one penny more to Mr. PAUL. Mr. President, I ask unan- houses litter the landscape. It is a these countries that allow mobs to imous consent that reading of the bleak and forlorn future that awaits burn our flag. amendment be dispensed with. Detroit. Creditors clamor for nearly $20 In between cashing our checks, Egypt finds time to convict 16 Americans on The ACTING PRESIDENT pro tem- billion in debt. City employees wonder trumped-up political charges. Fortu- pore. Without objection, it is so or- if they will be paid. There is not nately, the Americans were able to es- dered. enough money to even replace the cape. If they hadn’t left the country, The amendment is as follows: street lights in Detroit. God forbid that a major fire should break out. we would have 16 Americans in prison (Purpose: To redirect certain foreign assist- in Egypt. Luckily these Americans ance to the Government of Egypt as a re- At some level I think the President does care about Detroit, but today all I were able to get out of the country. sult of the July 3, 2013, military coup How do these establishment politi- d’e´tat) can see is the billions of dollars—the cians respond? How will the other side At the end of title I, insert the following: billions of American tax dollars—that he chooses to send overseas. I see the respond today when they get up and SEC. lllll. (a) Congress makes the fol- plead we should break the law? What lowing findings: shiny new technology, America’s best, (1) On June 30, 2012, Mohamed Morsi was going to arm people who are indifferent will they say about Detroit? What will elected President of Egypt in elections that to us, and, at worst, hate us. The Presi- they say about Chicago? What will were certified as free and fair by the Egyp- dent sends billions of dollars to Egypt they say about the bridges in northern tian Presidential Election Commission and in the form of advanced fighter planes Kentucky that will not be built be- the United Nations. cause we are sending the money to (2) On July 3, 2013, the military of Egypt and tanks. Meanwhile, Detroit crum- bles. countries that are burning our flag? removed the democratically elected Presi- I think it is unwise to send arms— dent of Egypt, arrested his supporters, and Chicago is a war zone. More people died in Chicago this year than in Af- particularly advanced arms—into the suspended the Constitution of Egypt. These chaos of Egypt. I fear one day someone actions fit the definition of a military coup ghanistan. Yet the President insists on may arise in Egypt who says: Let’s at- d’e´tat. building a $34 million fort in Afghani- tack Israel with these planes. Let’s at- (3) Pursuant to section 7008 of the Depart- stan. Hillary Clinton insists on spend- tack Israel with these tanks. I fear ment of State, Foreign Operations, and Re- ing $80 million on a consulate in Af- these weapons we are giving to Egypt lated Programs Act, 2012 (division I of Public ghanistan that will never be used. As Law 112–74; 125 Stat. 1195), the United States may someday be used against America Detroit decays, Chicago is a maelstrom is legally prohibited from providing foreign and our allies. assistance to any country whose duly elected of violence, yet no one questions send- Even the Egyptians don’t want our head of government is deposed by a military ing billions of the taxpayers’ dollars to aid. There was a Gallup poll last year coup d’e´tat, or removed in such a way that Egypt, to despots, to dictators in for- which showed that 70 percent of Egyp- the military plays a decisive role. eign countries. tians don’t even want the money we (4) The United States has suspended aid to Our Nation’s bridges are crumbling countries that have undergone military are sending them. To understand why and few politicians from either party we have to understand that American coups d’e´tat in the past, including the Ivory will question the billions of dollars Coast, the Central African Republic, Thai- aid doesn’t go to the Egyptian people; land, Mali, Fiji, and Honduras. that are being sent overseas while our it goes to the despots and the dictators (b)(1) In accordance with section 7008 of the Nation’s infrastructure is crumbling. who run the place. We have to realize Department of State, Foreign Operations, The law is very clear. Everyone here in that when protesters gather in Tahrir and Related Programs Act, 2012 (division I of Congress can read. They recognize that Square in Cairo by the hundreds of Public Law 112–74; 125 Stat. 1195), the United the law says when there is a military thousands—and even millions—why States Government, including the Depart- coup, the aid must end. they are unhappy with America. They ment of State, shall refrain from providing Today we will vote on whether they to the Government of Egypt the assistance are unhappy with America because will obey the law or whether they will they are being sprayed with tear gas restricted under such section. openly flout the law and disobey. When (2) In addition to the restrictions referred bought with American tax dollars, to in paragraph (1), the following restrictions a military coup overturns a democrat- manufactured in Pennsylvania, and shall be in effect with respect to United ically elected government, all military given to the Mubarak family or given States assistance to the Government of aid must end; that is the law. There is to the military. Why are they un- Egypt: no Presidential waiver. The law states happy? Foreign aid doesn’t go to for- (A) Deliveries of defense articles currently unequivocally that the aid must end. eign people; it goes to foreign despots slated for transfer to Egyptian Ministry of When the military coup occurred in Defense (MOD) and Ministry of Interior and foreign dictators. Foreign aid is Egypt, how did the President respond? more likely to buy a lavish chateau in (MOI) shall be suspended until the President How did Congress respond? The Presi- certifies to Congress that democratic na- Paris than it is to buy bread in Egypt. tional elections have taken place in Egypt dent and his cohorts in Congress re- We send money to Egypt and it buys followed by a peaceful transfer of power. sponded by shoveling good money after private jets for the Mubarak family to (B) Provision of defense services to Egyp- bad into the failed state of Egypt. The fly to Europe. The Mubarak family is tian MOD and MOI shall be halted imme- President is intent on building nations said to have stolen billions of dollars of diately until the President certifies to Con- abroad and not taking care of our Na- American aid. Over the past 30 years, gress that democratic national elections tion here at home. I propose that we Americans have been forced to finance have taken place in Egypt followed by a take the billion dollars that is now the Mubarak family living large. So peaceful transfer of power. being illegally given to Egypt and (C) Processing of draft Letters of Offer and when we see pictures of depression in Acceptance (LOAs) for future arms sales to spend it at home. Detroit, when we see abandoned hous- Egyptian MOD and MOI entities shall be We have bridges crumbling at home. ing in Detroit, when we see boarded up halted until the President certifies to Con- Can’t we fix some of our problems at housing, when we see 50,000 feral dogs gress that democratic national elections home? We have had a bridge collapse running through the streets of Detroit, have taken place in Egypt followed by a this year in Washington State. We had when we see a once great country, a peaceful transfer of power. one collapse in Minnesota a few years once great nation, a once great city (D) All costs associated with the delays in ago. We have a bridge in northern Ken- lying in decay, we think of our politi- deliveries and provision of services required tucky that is becoming increasingly cians who chose to send that money to under subparagraphs (A) through (C) shall be unsafe. Yet there is not enough money borne by the Government of Egypt. Egypt and not keep it here at home. (c) Any amounts retained by the United to repair our bridges because our poli- As the money is stolen and squan- States as a result of implementing sub- ticians are sending the money over- dered around the world and as Detroit section (b) shall be made available to the seas. It is unwise, and right now it is il- decays, as Chicago is overrun with vio- Secretary of Transportation to carry out ac- legal. lence, as Americans struggle to put

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6087 food on the table, Mubarak and his military takeover that actually in- bridges in our country. We are going to family dine on caviar and champagne. stalled the lead general as Deputy Pri- repair some roads. We are going to As Mubarak flew to Europe for week- mary Minister is somehow not a coup. work on some infrastructure here at ends on his jet and lived the life of a Mr. INHOFE. Mr. President, will the home. king, his people rotted in jail indefi- Senator yield for a unanimous consent Everybody seems to say they are for nitely, without charge, without trial. request? it. In fact, the President has now come They have been living under martial Mr. PAUL. Not yet. out and said he wants some grand bar- law for 30 years. We wonder why they In a remarkable bit of sophistry, the gain to take some new money and ac- are unhappy with us. We have been fi- President admits the law does not tually work on infrastructure. Mr. nancing the guy who has been giving mandate an end to military aid when a President, it is right here. I am offer- them martial law and indefinite deten- coup takes place—he says it does, but ing it today. tion without trial for 30 years. To add he says it can’t make him decide, so he I have another amendment that insult to injury, when they protest is not going to decide whether there would say all foreign profit can come against their government, they are was a coup. What it is, is brazen and home at 5 percent. We can take that doused with tear gas made in our coun- open flouting of the law. revenue and build new bridges. They try. The President’s argument reminds will not even let me vote on that one. Foreign aid doesn’t go to foreign peo- me of a third grader at recess. A third So the President’s grand bargain to in- ple; it goes to foreign despots and dic- grader says he will not call it a coup crease infrastructure spending—I have tators. and you can’t make him. That is ab- it. It is on the floor. The President claims he feels our surd. We passed a law. It is the law of Mr. President, call the leadership of pain. The President says he can feel the land. It says if a coup happens, if the Senate. Tell them it is on the floor the pain and he wants to help the mid- the military takes over or participates and you support this; that you want in- dle class. But it seems as though he in a substantial way in removing an frastructure spending. I have a bill wants and intends to help foreign peo- elected government, the military aid that would do precisely that. This ple, foreign countries more than he ends. We are either a nation of laws or amendment will do a little bit in that wants to help America. The President we are not. direction. Take the $1 billion we spend promised us hope and change, but the When the President refuses to ac- in Egypt and spend it in America. more he claims that things change, I knowledge it is a coup or that it is not When we see the pictures on the news think the more they stay the same. yet an acknowledged coup, he says the of what is going on in Detroit—if you I wanted to believe the President aid is going on indefinitely and he will live in Detroit and you are suffering would be different. I wanted to believe go on indefinitely flouting the law. through the bankruptcy of your city; if he would bring change. I wanted to be- Americans should be outraged and in- you see around you the chaos and pov- lieve he would stand up to the arms sulted by such blatant shirking of the erty of Detroit, you call the President race, to the military industrial com- law. Either we are a nation of laws or and say: Mr. President, why are you plex; that he would stop the flow of we are not. Will we obey the law? sending that money to Egypt? Why are arms to despots and dictators across We have the presumption to tell the you sending money overseas when our the planet. But hope and change just world how to behave, to criticize Egypt Nation is crumbling, our cities are turned out to be a slogan. In Detroit for not obeying the rule of law—all le- crumbling, our infrastructure is crum- and in Chicago and in the once great gitimate concerns. Yet the President bling, our bridges are crumbling? The cities of America, no change came. blithely ignores our own law. If we President says: I am going to send that Hope and change was just a slogan. The choose to ignore our own laws, can we, to Egypt. I am going to send that over- poverty, the murders, the abysmal with a straight face, preach to the rest seas. schools, they continue. of the world about the rule of law? I This amendment will give everyone a Where are you, Mr. President? In our think by openly flouting our own laws chance to put their money where their hour of need in our country, why are we take away from our ability to lead mouth is, to say: Do you care about you sending our money to people who the world, we take away from our America? Do you care about repairing hate us? Why are you sending arms to moral authority to show the right way. American infrastructure or do you care countries that don’t like us or our al- America has always been the leader by more about sending money to a dicta- lies? Why would we do that? example. But how do we lead by exam- torship in Egypt? I think the choice is The President maintains he will end ple when we are not willing to obey our clear. I think, if we ask the American the war in Afghanistan, and I support own laws? people, three-fourths or more of them— him. But he insists on fighting new There is a question: Are we a mon- I think maybe nearly 100 percent of the wars, secretly, without congressional archy or a republic? Are we to be ruled American people—are with me. Let’s approval, in Libya and Syria. While De- by caprice? If we pick and choose which spend that money at home. Let’s not troit decays and descends into bank- laws to obey, what message does that send that money overseas to people ruptcy, the President, as did so many send? who hate us, to people who burn our Republicans before him, continues to I say to all Americans—Democrats, flag. Keep it at home. send American tax dollars overseas to Independents, and Republicans— There is a finite amount of money. countries that persecute and kill Chris- enough is enough. We aren’t going to We can’t do everything. We can’t fix tians. Hope and change—I guess it was take it anymore. We should call our everything if we have to fix everybody just a slogan. representatives and tell them enough else’s problems first. Let’s address The law clearly states that when already. Tell them to take care of our some of the needs we have at home. there is a military coup overturning country. Tell them not one penny more I encourage a ‘‘yes’’ vote, to vote to elected government, the military aid to countries that are burning our flag. keep the money at home and not to must end. Even the President doesn’t I suggest today we do something his- send it overseas. dispute the law. He doesn’t even dis- toric and listen to the American peo- I reserve the remainder of my time. pute it is a coup. He just says, I am not ple. The American people don’t want The ACTING PRESIDENT pro tem- going to say it is not a coup or it is a good money after bad shoveled and pore. The Senator from Oklahoma. coup; you can’t make me. It is ridicu- sent overseas; they want to fix some of Mr. INHOFE. Mr. President, regret- lous to any intelligent person or coun- the problems we have at home. They fully, I am going to oppose this amend- try—and I wonder if anyone on the want to do some Nation building here ment. I am going to have to cover some other side will stand and say it is not at home. points which my good friend from Ken- a coup. How do we say, when the mili- My amendment will give our rep- tucky made that I think are totally tary takes over a country and boots resentatives a chance to vote. We are wrong. out a government, that it is not a going to say: Yes, we will obey the law. First of all, I don’t agree we need to coup? Only a fool or a demagog would We are not sending any more weapons be going up there with Federal dollars attempt to argue that the military to Egypt and we are going to take the bailing out cities that are having prob- junta in Egypt is not a coup; that the money and we are going to build some lems. Of course, that is a decision that

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6088 CONGRESSIONAL RECORD — SENATE July 31, 2013 is going to be made, I suppose, by a lot delivery system by 2015. If we do not It has been just a little more than 2 of people. have our friends in the Middle East to years since the onset of the Arab Also, the Senator from Kentucky keep that from happening, we could spring and a revolution in Egypt that talks about sending billions of dollars pass an amendment like this, turn our unseated Hosni Mubarak after two dec- overseas. I agree with my colleague backs on Israel, and that is exactly the ades in power. During these tumul- from Kentucky about some of the for- thing that could happen. tuous 2 years, Egypt has struggled as a eign aid and I would join with him but I know a lot of people want to talk society with the transition to democ- certainly not in this case. Before I tell on this who are a lot more articulate racy that its people clearly want, and my colleagues why, let me clarify than I am. But I can say from a con- with efforts to create the economic op- something. There are Members of this servative—from this conservative—we portunities that its people clearly body and people outside this body who cannot do this to our friends in Israel need. That struggle is real and ongo- are conservatives believing this is and our other allies in the Middle East. ing. some kind of a conservative program to Mr. CORKER addressed the Chair. The demonstrations that ousted Mu- defund the military in Egypt. Let me The ACTING PRESIDENT pro tem- barak in a clear military coup were un- assure my colleagues it is not. This is pore. The Senator from Tennessee precedented—until they were eclipsed coming from a person who is prob- is—— by demonstrations this summer which ably—in fact, I am certain of it. I have Mr. CORKER. I want to go in the ap- drew as much as a third of Egypt’s pop- been ranked as the most conservative propriate order. I see the chairman of ulation of 83 million people onto its Member of this body more than any the committee. I would like 5 minutes streets. That is more than 30 million other single person. So this is coming at some point. But does the Senator people who have been emboldened by from a conservative, not from a liberal want to go ahead? the revolution, who are united in their and not from a Democrat. Mr. MENENDEZ. Mr. President, what call for reform and democracy, and who We have a unique situation. I wish to is the parliamentary situation? I un- have embraced their ability and right respond to a couple of things my friend derstand the opponents of this amend- to peaceful protests and to demand from Kentucky said. First of all, yes, it ment have 30 minutes; is that correct? change. probably fits the description of a coup. The ACTING PRESIDENT pro tem- If you think about it, a comparable I know what the law is. The law says pore. The Senator is correct. The Sen- protest in the United States involving we can’t send foreign aid after a coup. ator from Oklahoma has used 5 min- a third of our Nation would mean that I have a bill drawn up right now that if utes of the time in opposition. 100 million Americans would be on the this is determined to be a coup, it Mr. MENENDEZ. Then I ask unani- streets of the cities of America. That is could pass the House and the Senate mous consent that as the chair of the the equivalent of what has been hap- and be signed by the President in 1 day. Senate Foreign Relations Committee I pening in Egypt. So that is something that can be done. control the remainder of the time. So my point is that Egypt is chang- I have the best of intentions of obeying The ACTING PRESIDENT pro tem- ing but perhaps not as quickly as we the law to the letter. pore. Without objection, it is so or- would like and with a process that has As far as the situation in Egypt, dered. been, not surprisingly, pretty chaotic. Morsi is gone. Let’s face that reality. The Senator from New Jersey is rec- Abandoning our diplomacy and en- There are a lot of things we don’t like ognized. gagement with Egypt—a country that about this. But I will say this: If you Mr. MENENDEZ. Mr. President, I—— sits at the heart of the Middle East— have any feelings at all toward our Mr. MCCAIN. Mr. President, will the because the road that leads to change good friends, our best friends in the Senator respond to a question? How is is not straight or certain would be Middle East—that is Israel—then you the time going to be allocated? naive. It might make us feel good, at cannot consider this amendment. Israel Mr. MENENDEZ. Yes. It is my inten- least for a moment, but in the long run has all of the interests at stake. tion to consume about 8 minutes ap- it would threaten to undermine vital It goes back to 1979, the Camp David proximately, to yield Senator MCCAIN 6 national security interests and set accords. I remember that very well. minutes, Senator GRAHAM 6 minutes, back our values. The Camp David accords put together and Senator CORKER 5 minutes. Making such a significant change to something between Israel and Egypt. Mr. CORKER. Perfect. U.S. foreign policy—with all the poten- But keep in mind, it is not Egypt. It is Mr. MENENDEZ. That should take tial implications for U.S. national se- the military, the Egyptian military. the remainder of our time. curity and for our ally Israel—should They have been our friends. They have Mr. President, this amendment may not be done in haste. It should not be been Israel’s friends for years and years be good politics but it is bad policy. I done carelessly or thoughtlessly. It and years—since 1979. If we turn our appreciate the concern of the Senator should not be done without a full un- backs on the military now, there are from Kentucky for Detroit. He and oth- derstanding of all of the ramifications others who would love to fill that vacu- ers in this Chamber have had plenty of of such a change. And it certainly um. times to vote for America’s cities, but should not be tacked onto the Trans- Should they have F–16s? I am glad I have not seen those votes be there. portation, Housing and Urban Develop- they have F–16s. They ought to have Nothing in this amendment, notwith- ment appropriations bill. It is far too more F–16s. Some have been purchased standing what we heard, suggests that important a decision to be an after- and not delivered yet. They should be cutting all aid to Egypt ultimately thought to an appropriations bill. In delivered. But if it is not going to be F– means putting that money into the cit- my view, it is ill-advised to make for- 16s, if we should pass an amendment ies of America, such as Detroit. So let’s eign policy on the fly without due con- like this, you are going to find yourself not be mistaken about that. sideration of all of the consequences. with a bunch of MiG–29s coming over I share many of the concerns that I would point out that my friend from Russia instead of our F–16s. have been raised by my colleague today from Kentucky has introduced an iden- If this were 10 years ago, if this were about the situation in Egypt. I believe, tical bill that has been referred to the 15 years ago, I might agree with my however, halting all military assist- Foreign Relations Committee. Last friend from Kentucky. But that was be- ance to Egypt at this time is misguided Thursday the committee held its first fore we realized the threats we have in and it is shortsighted. It would dras- extensive hearing on the crisis in the Middle East. We have some friends tically reduce U.S. influence with both Egypt. I can assure my friend from in the Middle East. We have Israel. We the interim government of Egypt and Kentucky that the committee will con- have Jordan. We have Kuwait, U.A.E., the military at an incredibly delicate tinue to work on this issue and to look Qatar, Saudi Arabia. If that coalition time for Egypt and its people. And in at appropriate policy options through a of friends in the Middle East breaks up, so doing, it may in fact undermine our deliberative process. what can happen to us here in Amer- shared goals and desire to see elections We need time to determine whether ica? Our intelligence has said—and it is and a democratically elected govern- the process underway in Egypt will unclassified since 2007—that Iran will ment reestablished in Egypt as quickly meet the demands of the Egyptian peo- have the capability of a weapon and a as possible. ple and lead back to democracy or if

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6089 the military leadership will dig in fur- Accords. It also supports our security The ACTING PRESIDENT pro tem- ther and thereby invoke restrictions in interests in countering trafficking of pore. Is there objection? U.S. law with respect to assistance. weapons and people into the Sinai, and Without objection, it is so ordered. Our patience is not unlimited and our in antiterrorism cooperation with the UNANIMOUS CONSENT AGREEMENT—EXECUTIVE assistance is not without limitations. United States. CALENDAR The administration is already actively In recent weeks, Egypt’s military has Mr. REID. Mr. President, I ask unan- reviewing U.S. assistance. launched a major crackdown on ter- imous consent that at 1 p.m. today, the The delivery of four new F–16 aircraft rorist activity and extremists in the Senate proceed to executive session to that was to occur last week was halted Sinai Peninsula, carrying out arrests consider Calendar No. 201, Todd Jones, by the administration, clearly sen- and attempting to seal smuggling tun- to be Director of ATF; that there be 1 sitive to the situation. At the end of nels connecting the Sinai to Gaza. U.S. hour for debate equally divided in the the day we should allow for flexibility cooperation is essential to the continu- usual form prior to a vote on cloture to deal with this delicate situation as ation of these activities. on the nomination; that if cloture is events dictate, not precipitate an un- Let me conclude by saying, at the invoked, all postcloture time be wanted response with a knee-jerk reac- end of the day, Egyptian leaders and deemed expired and the Senate proceed tion rather than deliberative reflec- the Egyptian military must show that to vote on the confirmation, with no tion. The administration has a process they are committed to an inclusive po- intervening action or debate, the mo- to make its decisions. litical process, credible democratic tions to reconsider be considered made I would say this is about—as I listen elections, and democratic governance and laid upon the table, with no inter- to the Senator from Kentucky—far that protects the rights of religious mi- vening action or debate; that no fur- more than Egypt. He basically opposes norities, women, civil society leaders, ther motions be in order to the nomi- all foreign assistance abroad. The re- and a diversity of political parties. nation; that any related statements be ality is that foreign assistance abroad That includes, from my perspective, printed in the RECORD; that the Presi- has worked for the national interests vacating the June 4 verdicts for the 43 dent be immediately notified of the and security of the United States. It individuals convicted in the politically Senate’s action and the Senate then re- has saved millions of lives through motivated trial of nongovernmental or- sume legislative session PEPFAR against AIDS and HIV. It has ganization workers, including 16 Amer- The ACTING PRESIDENT pro tem- helped strengthen democracies. It has icans, and permitting civil society or- pore. Is there objection? Without objection, it is so ordered. helped create democracies. It has ganizations to reopen their offices and Mr. REID. Mr. President, I ask unan- helped create open markets for Amer- operate freely. It also clearly means an imous consent that upon disposition of ican products and services. As a matter immediate cessation of arrests and use of force against peaceful protestors. the Paul amendment, the Senate recess of fact, these sales to Egypt—about $1.2 Steps that exacerbate the divide in until 1 p.m. today; further, that the fil- billion—are largely from the manufac- Egyptian society, including the use of ing deadline for first-degree amend- ture of equipment here in the United force against protestors and arrests ments to S. 1243, the transportation States that creates jobs here at home and harassment of pro-Morsi and Mus- bill, be 1:30 p.m. today; finally, that and then ultimately gets used in lim Brotherhood leaders, serve only to when the Senate resumes legislative Egypt. deepen the chasm and forestall rec- session following consideration of the We need a more nuanced approach, onciliation. Jones nomination, the Senate proceed one that speaks to both our values and The only way forward to a plural- to a period of morning business for 1 our interests, and one which provides istic, vibrant, and stable democracy hour equally divided between the two the President with the flexibility need- lies in the inclusion of all political par- leaders or their designees, with Sen- ed to conduct delicate and discrimi- ties and groups, as long as they are ators permitted to speak for up to 10 nating policy in a challenging and cha- committed to a democratic process and minutes each, with the exception of otic environment. to peaceful change. Senator INHOFE, who is to be recog- A quick end to aid at this time— The United States has to move cau- nized for up to 30 minutes; that fol- meat-clever approach, when a scalpel is tiously, not precipitously, in this deli- lowing the period of morning business, needed—is simply ill-advised. cate situation. The Paul amendment is the Senate proceed to executive session Last week Ambassador Dennis Ross, not the answer when it comes to our to consider the Power nomination whose reputation and experience as a future relationship with Egypt. The fu- under the previous order. diplomat, Presidential adviser on the ture of that relationship will be deter- The ACTING PRESIDENT pro tem- Middle East, and author, has made him mined by our actions in the coming pore. Is there objection? one of the Nation’s most respected for- weeks. Without objection, it is so ordered. eign policy minds on both sides of the Whether we will have a stable and Mr. REID. Mr. President, what this aisle, told the Foreign Relations Com- willing partner on crucial matters of means is we will vote on the Paul mittee it is imperative that America security, combating terrorism, traf- amendment, give or take, in a half- ‘‘stay in the game.’’ We cannot and ficking of weapons and persons into the hour, at around 11 o’clock, or shortly should not pull out now. Ending aid to Sinai, and support for peace in the Mid- thereafter, whatever time the order al- Egypt would only cause Egyptians to dle East is up to us or we can stand lows, and we will then recess until 1 shut the United States out of discus- aside and hope for the best. I think p.m. Then we will have the debate on sions and disregard our advice. Ambas- abandoning Egypt is a particularly the Jones nomination from 1 p.m. to 2 sador Ross also said that such an ac- poor choice. That is why I oppose the p.m., then the cloture vote at 2 p.m. If tion could be the only thing to unite amendment and urge my colleagues to cloture is invoked, we will imme- all Egyptians across the entire polit- do the same. diately vote on confirmation. We could ical spectrum against the United The ACTING PRESIDENT pro tem- have two votes at 2 p.m. We will have States—against the United States. In pore. The majority leader is recog- morning business from around 2:45 p.m. fact, that opinion was shared by the nized. to 3:45 p.m., and then the Power nomi- majority panelists who feared our in- Mr. REID. Mr. President, I have a nation—to be U.N. Ambassador—debate ability to influence events in Egypt if couple unanimous consent requests. I from about 3:45 p.m. to 5:45 p.m., and we were to step out of the game. would also say this: This is an impor- then the vote on confirmation at In the interim, as we further assess tant debate, and I ask unanimous con- around 5:45 p.m. the situation, our response and our pol- sent that—on the floor now we have The ACTING PRESIDENT pro tem- icy must be carefully calibrated to CORKER, we have MCCAIN and GRA- pore. The Senator from New Jersey. press for the democratic reforms that HAM—I ask unanimous consent that if Mr. MENENDEZ. I yield to the dis- the Egyptian people have demanded they use more than the allotted time tinguished ranking member of the Sen- and—simultaneously—support U.S. na- here they be allowed to use that, and ate Foreign Relations Committee, Sen- tional security interests in the region. whatever time goes over that allotted ator CORKER. U.S. assistance to Egypt has, for dec- time we have in the existing order Mr. CORKER. I will be brief. I know ades, helped support the Camp David would also be given to Senator PAUL. that time may be extended. But let me

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6090 CONGRESSIONAL RECORD — SENATE July 31, 2013 start by saying I understand how citi- as they go through this transition; no I think the problem we face is we in zens across our country are frustrated. doubt, without us sharing the impor- this place are sometimes put into a po- Our country has gone through financial tance of that, the American people are sition between two absolutes, when distress. We have economic issues that going to look at aid to Egypt and see there are other options available to us. are impacting people of all walks of what is happening there and say: No, The choice before us is not to cut off life. I know as they look at what is let’s take that money and let’s do aid to Egypt or to continue aid to happening around the world, there is something else. I think most people on Egypt. I think the opportunity we have frustration, generally speaking, with this side of the aisle understand that is now is to restructure aid to Egypt in a issues relative to foreign aid. I under- terrible public policy. I think most way that furthers our national inter- stand that. people on this side of the aisle want to est. I also understand we are a nation of stand and to be thoughtful Senators What is our national interest in laws. We have had an event in Egypt and do not want to have a poll-tested Egypt? Our national interest is to have which is going to cause us to have to foreign policy. a secular, stable, democratic govern- deal with that. I think we can deal We are going to have plenty of time ment that provides security so their with that in due time and live up to to debate this issue in September. I economy can grow, a government that the laws of this Nation. I also under- think all of us know a lot is going to be lives up to the Camp David Accords, stand, though, that we are the greatest happening during the recess. We have that cooperates in counterterrorism, Nation on the face of the Earth. One of two Senators who are traveling to that prevents discrimination to reli- the reasons we are the greatest Nation Egypt over the weekend to look at gious minorities. Our foreign aid is because of the values we extend what is occurring there. I am going to should be restructured—not simply around the world and the fact that we be in the area in a few weeks. canceled but restructured—so that it have been a voice of calm. It seems to me, as the greatest Na- fits and fills that aim that we have for We have been a country that has tion on the face of the Earth, instead of that country and for our national secu- tried to continue to engender peace. I having some poll-tested amendment rity interests in that country. That know the Senator from Kentucky and I that may play well in the short term, means we should restructure our for- share Fort Campbell, a place where what we should do as Senators is be eign aid, not simply eliminate it but go some of our most outstanding fighting thoughtful, understand the greatness back to the Egyptians and say: If you men and women are based. I know the of this Nation, understand the millions want to continue to get foreign aid Senator understands that much of of lives and livelihoods that are at from the United States, you are going what we do with foreign aid is to try to stake in us being a calm hand in Egypt, to have to show measurable improve- keep those men and women off the bat- understanding the impact that this is ment on these four things: You are tlefield and in training. We do that to going to have on people all around the going to show us how you are pro- try to keep peace and to keep those world and certainly our standing in the tecting religious minorities; you are world, but our continued ability to men and women who protect our coun- going to have to show us how you are help promote human rights, promote try from having to go to war. advancing toward democracy and sta- democracy, promote peace, promote The distinguished Senator from New bility. You are going to have to show Jersey just talked about the impor- calm. So I would just urge the Senators on how you are doing these things. That tance of Egypt. From the very begin- our side of the aisle, we have these needs to be measured. If they stop ning, when this all began just within things that come up, and we certainly doing it, the aid stops coming. the last month or 6 weeks, I have be- I would also say regarding restruc- have groups who come forth. I think all lieved that the administration, can- turing the aid that the aid should be of us understand that is a big vote. didly, has handled this well; that our geared toward what they need. They This is a vote that says a lot about who Nation should be the voice of calmness. we are as Senators. This is a vote that probably do not need that many for We should try to be the steady hand gives us an opportunity to step away more F–16s. What they need is more ca- that allows this transition to occur in from those short-term, hot, poll-tested pacity building for internal security. the right way. amendments that have nothing to do What they need is more capacity build- At the same time, we should push with furthering the greatness of this ing to live up to the Camp David Ac- them toward democracy. I think that Nation. cords. That is what they need. Our aid is exactly what we are doing. We have I would urge everybody in this body should be aimed toward that. had a debate throughout this week in to stand, to be Senators, and to do I also think it is a mistake to just our lunch sessions among Republicans. what we know is the right thing to do; say we are eliminating aid completely I know the Senator from Kentucky has that is, to be calm, to address this because if we eliminate aid completely, made it clear that the poll numbers in- issue as we should in the right way this we lose leverage. They are still going dicate we should cut off foreign aid. I September when all of us have more in- to buy weapons. They will just not get want to say that we have tremendous formation to deal with this issue. them from us and our influence will be responsibilities as Senators. One of the I thank the Presiding Officer for the diminished. responsibilities we have, no doubt, is to opportunity to speak. I hope this body So I think there is a third way. I represent our citizens. will rise and conduct themselves as the think what has happened in Egypt is a On the other hand, we know that Senate should on issues of this impor- unique opportunity to restructure—not sometimes we understand that we tance. I thank the chairman for the to cancel but to restructure—and re- should sell to the citizens the reasons time. frame our relationship with Egypt. If that we do the things we do on this I yield the floor. they do certain things, they will con- floor. I think most people in this body The PRESIDING OFFICER (Ms. tinue to get aid. If they move toward understand that just on a THUD bill, HIRONO). The Senator from New Jersey. certain goals that are in our national having an amendment that cuts off aid Mr. MENENDEZ. I yield 3 minutes to interest, they will continue to get aid. to Egypt is not a thoughtful process as the Senator from Florida. They will continue to get aid that it relates to foreign aid. Mr. RUBIO. Madam President, let me helps them meet these goals, not sim- My appeal today is really not to my just say briefly that I have gotten a lot ply anything they ask for. friends on the other side of the aisle, of calls about Egypt as well. Look, I This is the opportunity we have now. although I am sure some of them are understand it. We look at what is hap- This should be done in a thoughtful contemplating what to do. But my ap- pening over there, we look at some of and careful way. I hope that is the di- peal is to my friends on this side of the the wild things that are happening in rection the body will move. I think to aisle. I have talked to many of them in the streets, certainly tragedies as well. simply cancel aid without putting private. I think many of them know We see the oppression of religious mi- these other conditions in place is a this is terrible public policy. norities, and we wonder: Why do we missed opportunity from which we No doubt, without us explaining to continue to give aid to a country that should not walk away. the American people why we should does that? I think that is a very impor- So I would say to our colleagues, not jerk the rug out from under Egypt tant question. let’s not simply cut off aid. Let’s take

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6091 the time to work so that we can re- that if we cut off aid now, then I can- to explain the ‘‘no’’ vote than it is a structure aid with Egypt in a way that not tell you the consequences of what ‘‘yes’’ vote. But I do know this: Your furthers our national security inter- that would mean in terms of moving in country would be well served if you de- ests: a secular, democratic government the direction we would all like. cide today to pause and wait to find that lives up to the Camp David Ac- Unintended consequences to the deci- out the right answer in Egypt. cords, that cooperates in counterter- sion jump out pretty clearly in my I do know this: If Egypt goes, the en- rorism, that respects religious minori- mind, and most of them are bad. Is it a tire region blows up. The biggest fear I ties, and that provides the internal se- coup? It certainly looks like one. It have is radical Islamists are closer to curity they need to create the eco- certainly sounds like one. But at the getting nuclear weapons and chemical nomic growth they need so that they end of the day, if we are moving toward weapons than any time in my lifetime. can be stable now and in the future and democracy and the military steps back If Egypt becomes a failed state, that is be a partner of ours. and democratically elected leaders one more problem for us to have to The PRESIDING OFFICER. The ma- take over, I think that is the goal for deal with, rather than focusing on the jority leader. all of us. Iranian efforts to march toward a nu- ORDER OF PROCEDURE I wish we did not live in a world like clear weapon. Mr. REID. Madam President, I ask we do. I wish things were easier. I wish Radical Islam has not forgotten unanimous consent that the period for the Arab Spring had been more suc- about us. The question for us is have morning business following the consid- cessful. But the one thing I can say is we forgotten about radical Islam. If we eration of the Jones nomination be ex- that what happens in Egypt really does wish to stop this march in the Middle tended by 40 minutes, with the addi- matter to us. If the largest country in East of radical Islam getting stronger tional time being equally divided be- the Arab world, the heart of the Arab and stronger and stronger, let’s try to tween the two leaders or their des- world, Egypt, becomes a failed state, I hang on to our relationship with ignees, with Senators permitted to promise you it will affect our national Egypt. If it becomes a failed state, and speak for up to 10 minutes each, with security interests for decades to come. the Sinai becomes one of the great safe the exception of Senator INHOFE for 30 It would be a nightmare for Israel, and havens for terrorist groups—and the minutes and Senator MCCAIN for 20 it would take the whole region down a Egyptian Army, to their credit, is now minutes. path that would be at best chaotic. involved with the Sinai—the cata- The PRESIDING OFFICER. Without Can we prevent a failed state in clysmic effect of a failed state in Egypt objection, it is so ordered. Egypt? I think we can. I don’t know for would be the biggest boost to radical The Senator from New Jersey. sure what is going to happen, but I do Islam I could think of. It would do a lot Mr. MENENDEZ. Madam President, I know this: If America does not try, if of damage to our national security and yield to the Senator from South Caro- we do not stay engaged and shape his- our best friend in the region, Israel. lina. tory rather than observe it, we will pay I have a letter from our APAC. I Mr. GRAHAM. I thank the chairman a heavy price as a nation. So part of asked them to comment on this. They of the Foreign Relations Committee. this amendment takes money that state: First, I would like to associate myself would be going to the Egyptian mili- Dear Senators Menendez and Corker: with the remarks of the Senator from tary and puts it on projects in the We are writing to express our concerns Florida. Now is the time to be creative United States. I think one is a bridge over the Paul amendment to the Transpor- with our assistance to Egypt to try to in Kentucky. I have no doubt that tation/HUD Appropriations bill that would change things while there is still hope there is a need for bridges in Kentucky eliminate military assistance and sales to of things changing in a positive direc- and South Carolina. I would love to get Egypt. We do not support cutting off all as- tion. sistance to Egypt at this time, as we believe my port deepened. it could increase the instability in Egypt and I certainly understand. Why should But to the people of Kentucky and to undermine important U.S. interests and neg- we be selling F–16s to people who be- the people of South Carolina, if we stop atively impact our Israeli ally. have this way? The administration has the 1 percent of our budget—it is $50 As you know, Egypt is the largest Arab put on hold the four F–16s that were billion. That is no small sum. But if we state in the Middle East and has played a due to be delivered to Egypt, trying to cancelled it all out and just left $3 bil- vital role in advancing key U.S. interests in find out what is going to happen next. lion for Israel—it seems everybody that region. Citing just two examples, the That makes sense to me. But why are likes that idea. If we had $3 billion to government of Egypt has maintained the we selling weapons to Egypt? It is be- peace with Israel and is taking important spend on affecting the world, is that steps to address the instability in the Sinai. cause if we do not, someone else will. I smart? Events in Egypt are rapidly evolving, and we want them to have F–16s and come to How much of the debt would be re- believe that for now the United States our pilot training bases. I want Egyp- tired if we canceled all foreign aid and should avoid taking any precipitous actions tian officers to come to our military brought it back into the United States? against Egypt such as cutting off all assist- training academies. I want a relation- Not a whole lot. But here is what I be- ance. We look forward to continuing to work ship with the Egyptian military that lieve would happen. If America with- with you on these critical issues. can be beneficial to our national secu- drew our foreign assistance, a lot of One final thought: Maybe one day I rity interests. I want the people who bad things would happen to us. Having will agree with Senator PAUL in saying build F–16s in America to get the busi- a say, having influence in a world that we have to sever our ties with the ness from Egypt to get some of our is increasingly dangerous seems to me Egyptian military and the Egyptian money back. to be a good idea. I am tired of having people. Maybe one day I will come and If they buy MIGs or Mirages we lose to resort to the military as the only so- cosponsor the Senator’s amendment or that. It is not a question of if they are lution to affect things. maybe come up with one of my own. going to buy fighter planes; it is a The people in Egypt, the government I can tell you if that day ever comes, question of who they are going to buy particularly, wants a relationship with it will be one of the saddest days of my them from. We have every right to us. They have to earn it, as Senator life because that would mean Egypt is withhold sales. We have every right to RUBIO said. But to cut off our relation- gone. If Egypt is gone, all hell is going put them on hold temporarily. But to ship with Egypt at this critical time, I to break loose. just sever this relationship now would think, would be extremely ill-advised, Mr. MENENDEZ. I yield to the dis- be a huge mistake. and the consequences to the people of tinguished Senator from Arizona, a In fairness to Senator PAUL, he says Kentucky and South Carolina and member of the committee, Mr. MCCAIN. we would resume aid once they get every other State in the Union would The PRESIDING OFFICER. The Sen- their act together and move back to- be significant. ator from Arizona. ward democracy. I think that is some- To my colleagues, when you cast Mr. MCCAIN. May I ask the time sit- thing worth noting. That is an under- your vote today about pausing, not ter- uation? standing on his part that he is looking minating aid, but trying to reconstruct The PRESIDING OFFICER. Under for an outcome that we can be more aid, I don’t know how that fits in a 30- the previous order, the Senator from supportive of. The difference I have is second sound bite. It is probably easier Arizona has unlimited time.

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6092 CONGRESSIONAL RECORD — SENATE July 31, 2013 Mr. MCCAIN. Does the Senator from there is a collapse of the rule of law in step that could have repercussions over Kentucky wish to respond? Egypt, I don’t think there is any doubt time that will damage the vital na- Mr. PAUL. Go ahead. that the threat to Israel is dramati- tional security interests of the United Mr. MCCAIN. Madam President, I cally increased. States. think it is important in the context of I made it clear, and so has my friend I urge my colleagues to vote to table this amendment on the Transpor- from South Carolina, that it was a the Paul amendment. tation, Housing and Urban Develop- coup. It was a coup and our law calls I yield. ment bill that we put into focus what for that. But that is an implementa- The PRESIDING OFFICER. The Sen- this amendment is really affecting. It tion of a law that needs to be done in ator from Kentucky is recognized. is affecting the most important nation a way that is in consultation with the Mr. PAUL. This is exactly, precisely in the Arab world, the heart and soul of Foreign Relations Committee, the Ap- the time it should come up because on the Arab world, Egypt. All countries in propriations Committee, and, in fact, the infrastructure bill that we are the Middle East are important, but all Members of the Senate. looking at, this gives Americans the Egypt is the most important. I think it is important for us to send chance to show great contrast. Do you In Egypt today there are demonstra- a message to Egypt that we are not want to do nation building overseas or tions, there are scores of people being abandoning them, but what we are do you want to do nation building at killed, hundreds being wounded. This doing is trying to caution them to try home? Do you want to spend billions of Friday, only 2 days from now, after to modify their behavior, to tell Gen- dollars in Egypt or would you rather prayers, there are predictions that eral Aziz that he has to have an inclu- build some roads at home? there could be even more carnage that sive government, he has to allow the I think it provides a perfect contrast. will take place as a result of the pro- Muslim Brotherhood to partake in the In fact, there couldn’t be a better place Morsi people taking to the streets of upcoming elections, and the Muslim to have a discussion on this issue. Cairo and other cities throughout Brotherhood has to be told that they We always hear a lot of empty Egypt. have to renounce violence. thoughts and empty promises: Oh, we I think we ought to consider this Right now Egypt is spiraling down will do this in committee. We will do amendment in the context of what is into a situation of chaos, which I can this. happening in arguably the most impor- promise my colleagues will sooner or They don’t want this debate. I have tant nation in the Arab world. Should later pose a threat to our vital na- been fighting tooth and nail against we ask ourselves that at this point tional security interests. The most im- Members of my own party to get to without adequate hearings, without portant nation in the Arab world de- this debate, to bring it to the floor, to adequate discussion, without input scending into chaos is going to be a bring it to the American people. from the administration, as well as the threat to the United States of America. Let’s be very clear about what the oversight responsibilities by the For- I urge my colleagues—and I urge my amendment does. It halts military aid eign Relations Committee, the Appro- friend from Kentucky, with respect—to until they have an election. It is just priations Committee, the Armed Serv- realize this amendment would send the obeying the law. ices Committee, all of whom, chairmen wrong message at the wrong time. It Let’s be very clear. Maybe we should and ranking members, are opposed to may be coincidental, but this Friday is do a summary of what their arguments this amendment? going to be an important day in Egypt. are. This is a summary of their argu- First, I caution against a rush to Should we be sending the message to ments: They love sending American judgment on this issue. It requires, the Egyptians: OK, you are on your money overseas so much that they frankly, more than 1 hour equally di- own? don’t mind breaking the law. I didn’t vided of debate on the floor of the Sen- Yes, other countries in the region are hear one of them explain how they are ate. contributing enormously to the Egyp- going to adhere to the law. The law I would also like to point out this tians without conditions. But the sup- says military aid ends when there is a amendment is part of a larger debate port or condemnation of the United coup. The President says you can’t that has been going on in the Repub- States of America, the best, most free, make him say there is a coup. There lican Party for well over a century. and still most influential Nation in the probably is a coup, but he is never Prior to World War I, there was the iso- world, is of vital importance. At this going to say it, and he is never going to lationist wing of our party. After time, I think it would be a terrific mis- adjudicate it. Who is going to adju- World War I in the 1930s, there were the take for the United States to send the dicate whether there is a coup? America Firsters. After World War II, message to Egypt: You are on your This is about temporarily halting there was the Eisenhower wing of our own. aid. Some people rise and say: Oh, we party and the Taft wing. The debate I hope we understand that it is not will be closed out, and they will buy has gone on for the heart and soul of about U.S. foreign assistance; it is their weapons someplace else. They the Republican Party. about what serves our interests and our don’t have any money. We give them This debate and this amendment that values. This, my friends, is a debate the money to buy our weapons. is posed by my friend from Kentucky is that we need to have over the weeks, Some have said they want to pro- part of that overall debate as to what months, and years ahead in, probably, mote democracy. Well, there is an ex- the role of the United States should be one of the best places to have that de- emption. You can spend as much in the world. Should we take our bate. money on democracy promotion. money from Egypt and give it to build I urge my colleagues, no matter how Mr. MCCAIN. Will the Senator yield a bridge in Kentucky? Should we take they feel about assistance to Egypt, for a question? our foreign aid and cut it to the point that we are committed. I urge them to Mr. PAUL. Not now. to where we no longer have influence in appreciate that we are committed to a The thing is, we have to understand these countries throughout the world long debate about this issue. what this is about. We have to under- and spend it on much needed projects I have confidence in the chairman of stand this is about a temporary halting that are the result of a very ailing and the Foreign Relations Committee that of buying weapons. People say: Well, if still serious recession in which we still we will be addressing this issue seri- we don’t give them planes, we don’t remain? ously. The Senator from Kentucky is a pay them to buy our planes, they will I think the vote on this amendment member and would certainly take part. think we don’t like them. They will go has even larger implications than that I urge my colleagues to understand to war with Israel and everything will of whether we should cut off all assist- that an amendment on the Transpor- be so much worse. ance to Egypt. By the way, my friends, tation, Housing and Urban Develop- They have hundreds of F–16s. They I don’t think it is an accident that ment-led appropriations bill is not the have thousands of tanks. I am precisely APAC, our friends there who represent venue. We need to have this debate not worried about them using them against the interests of the State of Israel, only about Egypt but America’s role in Israel when there is chaos and blood have opposed this amendment. If there the world. I look forward to joining running in the streets, when there are is further upheaval in the Sinai, and if him, but today is not the day to take a millions of people protesting.

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6093 Do you think it is a good time to There is a finite amount of money. buy the good will of the people. It actu- send more weapons? Do you think it is Detroit lays in ruins, Chicago is full of ally buys ill will. It does completely a good time to send more weapons violence, and there are bridges every- the opposite of everything they say it when millions of people are in the where. Don’t let them paint this that I does. It does completely the opposite. streets? have some special thing in Kentucky. So there is a disagreement on this. What happens if these weapons are There are no earmarks. There is no But the one thing there is not a dis- used against Israel? The canard of special money going to Kentucky. This agreement on is that it is against the bringing the letter—it always happens. is going into the Transportation bill law. The Republican Party maintains: Someone brings in a letter. I have spo- for the whole country. Oh, we are for the rule of law, and we ken to many people who love, respect, There is actually nothing in here spe- proudly beat our chest all the time and and have a great deal of admiration for cial for Chicago or Detroit, but I point say to Democrats: Oh, you don’t want Israel. I admire our relationship and al- it out that we have problems at home. the rule of law; the President disobeys liance and am very proud of the fact Maybe we should do some nation build- the rule of law. Guess what. This time that we stand together on so many ing here at home. many Democrats and Republicans will issues. To bring it up and say the peo- The other side will falsely say: Oh, flout the rule of law because the rule of ple who are against this don’t care you want isolationism. You want to law says military aid ends when you about Israel is just a canard. disengage from the world. Hogwash. I have a coup. It doesn’t say you can I think this precisely—continuing to want to be involved. I am for being in- wait around until it is convenient for arm an unstable government in volved with Egypt. I am for trade. I am you and maybe you can parcel out the Egypt—could well be to Israel’s harm. for international and global inter- aid in different ways. It doesn’t say This is precisely why I bring this action and diplomacy and all those that. It says military aid ends until amendment forward. things. But do you think you are mak- there is an election. It is very clear Also, it needs to be clear for the ing the world a better place by sending about this. record that everyone who has come for- a few more F–16s and tanks and tear So the argument is about whether ward together to send more of your gas to Egypt? Do you think that is you believe in the rule of law. If you money overseas, to send good money somehow making the world a safer do, there is no question you have to after bad, every one of them was for place? No. vote for this amendment because this sending it to the Muslim Brotherhood. If I thought the foreign aid was going amendment simply restates the law. I We hear them talking about Islamic to do something good, I might be for it. am not even creating the law. I am just jihadists and how they are worried Mubarak and his family fly on private restating the law that says aid ends about them. No, they are not. They jets, dine on caviar and champagne. and it resumes when there is an elec- were for funding the Islamic jihadists. Your money is more likely to buy a They were for funding the Muslim tion. chateau in Paris for the Mubarak fam- So those who say he is against all Brotherhood just months ago. I have had this vote before. I voted to ily than it is to buy bread for the peo- aid, don’t listen to him, he is against cut off aid to the Muslim Brotherhood ple of Egypt. all aid, that is not what this amend- They say: Oh, well, the Egyptian peo- also. I have produced an amendment. ment does. This amendment enforces They all voted against it then because ple will not like us anymore if we don’t the law that actually every one of we were going to do this on a more ra- give them money. Seventy percent of these men and women voted for. They tional, reasonable pace someday, some- the Egyptian people have said they do voted for this law. It has been on the where, in some fictitious committee. not want our money. It doesn’t go to books 30-some-odd years, and the law No, we are not. They want the money them. The people, by the millions, are says that aid ends when you have a to continue. It doesn’t go to the Egyp- rioting in Cairo. By the hundreds of military coup. So they are all going to tian people. It doesn’t buy good will. It thousands they are rioting in Tahrir vote to bypass a law they have all sup- buys ill will. Do you know what the Square. They are not rioting for Amer- ported. Every one of them supported money is spent on? Tanks. Tanks roll ican aid. They are rioting for us to quit this law. over people in protest. giving aid to the despots who rule This isn’t some extreme position of I have no love lost for the Muslim them. no aid; this is a position of temporarily Brotherhood, but they have dis- Mubarak ruled for 30-some-odd years. halting it. It is their plan, but it is not appeared them. We are going to be giv- He ruled by martial law. He made peo- convenient now to obey the law they ing money to the military that is dis- ple disappear also. What about human passed. appearing people. No one has heard rights? What about dignity? What This is an important debate. It is not from President Morsi. Most people about trials they just recently—the about doing things to harm Israel; it is think he was actually elected in a fair Muslim Brotherhood—tried 16 Ameri- about doing things that, actually, I election. I don’t agree with radical cans in absentia. If they were there, think would be beneficial to Israel. It Islam. I don’t think he would be a good they would have put them in jail. Yet is not about ending all aid; it is about President for any country. I wouldn’t all these same people are afraid to take obeying the law. It shouldn’t be about give him any money. But we are going away money. whether aid is good or bad. I think to give money to people who make peo- How do you think leverage would there are a lot of bad things and unin- ple disappear? best work? How would we have lever- tended consequences that come from Does anybody remember the Soviet age? Maybe if we withheld some aid, we the aid, but it is not about that. It is Union? These same people stand and would have leverage. But if you give about whether we are going to obey the say how bad it is the Soviet Union them everything they want all the law. makes someone disappear. I am abso- time, any time, do you think they are I say think long and hard about this. lutely with them. I support that. It is going to do something differently? Some say they are going to do some- terrible. That is what the military in They say the definition of insanity is thing more important than what their Egypt is doing—making people dis- doing the same thing over and over and people at home want, and they are very appear. Most of the members of the expecting a different response. We have proud they are going to stand against government haven’t been seen in days, given the aid for 30-some-odd years. the will of the people. Three-fourths of maybe weeks. We have no idea where We gave a dictator in the Congo— Republicans, three-fourths of Demo- they are. Mobutu—aid for years and years. They crats, and three-fourths of Independ- Once again, let me be clear. I have no called his wife Gucci Mobutu. Why? Be- ents or higher think it is a bad idea to sympathy for them. I don’t want to cause she would take a Louis Vuitton be sending good money after bad over- give them money either. But all these bag, full of about $1 million in cash, to seas. We do have problems at home and people who want to fund the military, Paris and spend it in a weekend—your this could go toward fixing them. they all want to fund the Muslim money, our money, spent on lavish Some say it is only 1 percent. For- Brotherhood. The only thing consistent homes. Mobutu had seven palaces. I eign aid is only 1 percent. Guess what. about their argument is sending your think Mubarak has six or seven pal- If you cut 1 percent of the budget each money to other people. aces. They steal the money. It doesn’t year, the budget balances within about

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6094 CONGRESSIONAL RECORD — SENATE July 31, 2013 5 years. It is called the penny plan. your vote up. But this is not a way to the Muslim Brotherhood or more weap- Many on my side have actually en- achieve that. ons to Egypt. I think you will find a re- dorsed this plan. So 1 percent isn’t an Mr. MCCAIN. Will the Senator yield sounding no. insignificant amount of money, and it for a question? This amendment is ultimately about is not working. It is doing the wrong Mr. MENENDEZ. I yield to the Sen- the law, and I hope my colleagues will thing. ator from Arizona. remember that if they vote against So I urge a ‘‘yes’’ vote on the amend- The PRESIDING OFFICER. The Sen- this amendment they are flouting the ment. ator from Arizona. law, they are voting to disobey the law, I retain the remainder of my time. Mr. MCCAIN. Ronald Reagan used to they are voting against the rule of law, The PRESIDING OFFICER (Mr. DON- say facts are stubborn things. The Sen- and they are actually voting against a NELLY). The Senator from New Jersey. ator from Kentucky just said Egypt law they have all voted for. Mr. MENENDEZ. I ask unanimous has no money. Isn’t it a fact the Gulf I reserve the remainder of my time. consent to proceed for 2 minutes. countries and the Saudis have just The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without given them $13 billion? ator’s time has expired. objection, it is so ordered. Mr. MENENDEZ. Absolutely. The Senator from Tennessee. Mr. MENENDEZ. Mr. President, this Mr. MCCAIN. Again, isn’t the ques- Mr. CORKER. Mr. President, I think has been a robust debate. Listening to tion whether the Senator from Ken- most Members of the body realize the my friend and colleague from Ken- tucky knows what is better for Israel THUD bill is not the place to address tucky, I appreciate his views, but I or Israel knows what is better for major foreign policy. I think all under- strongly disagree with him. Above all, Israel? The fact is, AIPAC and the stand that in September it is the plan let’s say what it is and what it is not Israelis are adamantly opposed to this of this body to deal with the legal about. This is not about Mubarak and amendment; isn’t that correct? issues regarding foreign aid to Egypt, chateaus. Mubarak is gone. The Egyp- Mr. MENENDEZ. It is true they are so I move to table the amendment of tian people decided that. He is gone. It opposed, and I would assume Israel, a the Senator from Kentucky. is not about Mobutu or anybody else. sovereign state, knows what its secu- The PRESIDING OFFICER. The You can conflate anything you want rity interests are better than anybody question is on agreeing to the motion. Mr. MENENDEZ. I ask for the yeas and throw it up against the wall, but else. and nays. this is a question of whether we will The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there a continue to pursue our own national ator’s time has expired. sufficient second? interest and national security in The Senator from Tennessee. There appears to be a sufficient sec- Egypt, in the Middle East. Mr. CORKER. What is the status of ond. This is, in fact, about democracy. It time right now? I think we should The clerk will call the roll. is about the 30 million who were pro- bring this to a close soon. The bill clerk called the roll. testing in the streets of Egypt, whom The PRESIDING OFFICER. All time Mr. DURBIN. I announce that the Senator PAUL referred to. But their remaining is under the control of the Senator from North Dakota (Ms. call is not for us to leave; their call is Senator from Kentucky, and he has 2 HEITKAMP) is necessarily absent. for us to engage with them. As the ex- minutes remaining. The PRESIDING OFFICER. Are there perts in this field who gave testimony The Senator from Kentucky. any other Senators in the Chamber de- before the committee said, the one Mr. PAUL. Mr. President, several siring to vote? uniting thing among all elements of points have been made about whether The result was announced—yeas 86, Egyptian society we could do is cut off we should engage with Egypt. Abso- nays 13, as follows: all aid. It would unite in what? Against lutely, we should. But the Egyptian [Rollcall Vote No. 195 Leg.] us. people don’t see it as engagement when YEAS—86 This is about making sure we have a the engagement is at the end of a trun- Alexander Franken Murphy stable Middle East. It is not a canard cheon, when the engagement is tear Ayotte Gillibrand Murray to suggest that Israel’s security is at gas bought with American money and Baldwin Graham Nelson stake, because when you have hundreds then sprayed on them. They do not Baucus Hagan Portman Begich Harkin Pryor of tunnels in the Sinai being used by quite understand that as engagement. Bennet Hatch Reed extremists to send weapons into Gaza So buying arms—American tanks and Blumenthal Heinrich Reid to attack Israel, it is about their secu- American tear gas—to be used for Blunt Hirono Roberts Boozman Hoeven rity. I think no one knows better about crowd control isn’t exactly what the Rockefeller Boxer Inhofe Rubio Brown Isakson their security than the State of Israel Egyptian people have in mind as far as Sanders Burr Johanns itself knows about their security. engagement. Schatz Cantwell Johnson (SD) Schumer It is not a canard. It is a fundamental With regard to Israel, there is no uni- Cardin Johnson (WI) Scott element of whether we are going to fied statement from the nation of Carper Kaine have an ally that can be safe and se- Israel saying they are for this. I have Casey King Sessions Shaheen cure. It is a fundamental element of had both private and public discussions Chambliss Kirk Chiesa Klobuchar Shelby whether we are going to have the abil- with the leaders of Israel, and to tell Coats Landrieu Stabenow ity to affect the outcome in Egypt in a you the truth, without naming individ- Cochran Leahy Tester way that will create stability and uals, I can tell you they are not too ex- Collins Levin Toomey Coons Manchin Udall (CO) peace. It is a fundamental element of cited about sending more arms to Corker Markey Udall (NM) whether we have to send soldiers Egypt. So for someone to come to the Cornyn McCain Vitter abroad versus keeping them here at floor and say they speak for the nation Donnelly McCaskill Warner home. Because when there is peace and of Israel, they speak for all people who Durbin Menendez Warren Feinstein Merkley Whitehouse stability, we ultimately do not have to love Israel in our country, is false. Fischer Mikulski Wicker engage with our military in pursuit of There are probably 20 different Flake Murkowski Wyden our national interest and security. groups in our country that support the NAYS—13 When terrorists cannot organize in nation of Israel and support them as Barrasso Grassley Paul Egypt, we are safer at home in the our ally. I speak to them all the time. Coburn Heller Risch United States. So let’s not cut off all I visit with them daily and weekly in Crapo Lee Thune aid to Egypt in a transportation, hous- our office. So what I can tell you is if Cruz McConnell ing, and urban development bill when, you talk to the people, to the grass- Enzi Moran in fact, our vital national interests are roots and not to the so-called leader- NOT VOTING—1 at stake. There is plenty of oppor- ship, you will find a much different Heitkamp tunity to help America’s cities. I was a story. Because I would promise you— The motion was agreed to. mayor. No one wants to help America’s let me speak to the entire crowd at an Mrs. BOXER. Mr. President, I move cities more. You will get to do that if AIPAC meeting and we will see wheth- to reconsider the vote and lay that mo- you vote for the THUD bill, if you put er they like sending more weapons to tion on the table.

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6095 The motion to lay on the table was programs such as the National Insti- Mr. GRASSLEY. Madam President, I agreed to. tutes of Health and all of the medical come to the floor to ask my colleagues f research that is going on and, indeed, a to vote against cloture on the nomina- broadly embraced bipartisan program tion, and here are my reasons for ask- RECESS such as our space program. ing that of my colleagues. The PRESIDING OFFICER. Under So the vote was 13 to 12—specifically Earlier this week I outlined my gen- the previous order, the Senate stands along partisan lines—not because of eral objection to the Senate proceeding in recess until 1 p.m. the content, not because of the policy, to a final vote on the confirmation of Thereupon, the Senate, at 11:39 a.m., but because of the funding level. In the Mr. B. Todd Jones, the nominee to be recessed until 1 p.m. and reassembled bill that passed, we had the NASA au- Director of the Bureau of Alcohol, To- when called to order by the Presiding thorization for appropriations at the bacco, and Firearms. As I explained, Officer (Ms. BALDWIN). level provided in the budget resolution the Senate should not be voting on a that passed the Senate—$18.1 billion. nomination when there is an open in- f That is about level funding for NASA, vestigation. EXECUTIVE SESSION this little agency that is trying to do In this case the Office of Special so much. However, our Republican Counsel is investigating Mr. Jones in a friends wanted it cut to $16.8 billion, complaint that he retaliated against a NOMINATION OF BYRON TODD and some spoke favorably toward the whistleblower in the U.S. Attorney’s JONES TO BE DIRECTOR OF THE House bill that has it cut back to $16.6 Office for the District of Minnesota. BUREAU OF ALCOHOL, TOBACCO, billion. Because of the way this nomination FIREARMS, AND EXPLOSIVES If we cut $1.5 billion out of this little was handled in committee, I was able The PRESIDING OFFICER. Under agency, it can’t do what it is attempt- to conduct only a limited investiga- the previous order, the Senate will pro- ing to do to get us ready to go to Mars tion. But what I found should give all ceed to executive session to consider in the decade of the 2030s and in the of us pause—real pause—on this nomi- the following nomination, which the meantime to get our human-rated nation because it gives me concern clerk will report. rockets in the commercial sector so we about Mr. Jones’s leadership ability The bill clerk read as follows: can send our astronauts to and from and raises doubts about whether he the international space station where should be promoted to head this office. Nomination of Byron Todd Jones, of Min- According to both the whistleblowing nesota, to be Director of the Bureau of To- six human beings are doing research bacco, Alcohol, Firearms, and Explosives. right now. The multiplicity of science assistant U.S. attorney and the former head of the FBI in Minnesota, relation- The PRESIDING OFFICER. Under projects, the planetary exploration ships with Federal, State, and local au- the previous order, there will be 1 hour that is going on, and the aeronautics thorities deteriorated significantly of debate on the nomination equally di- research that is going on—all of that is under Jones’s leadership. The problems vided in the usual form. If no one within this little agency. My hope is that as we get further primarily involved agencies that yields time, time will be charged equal- along in the fiscal year, we are going to worked drug cases and violent crime. ly to both sides. hit some grand design, some grand bar- Mr. Jones addressed the issue in a The clerk will call the roll. gain, some great bipartisan agreement meeting with criminal prosecutors in The bill clerk proceeded to call the on funding that maybe will include tax his office. According to the whistle- roll. reform but that will then allow us to blower, following that meeting, Mr. The PRESIDING OFFICER. The Sen- operate with common sense instead of Jones came to the whistleblower’s of- ator from North Dakota. some artificial budgetary mechanism fice and asked for his candid opinion of Mr. HOEVEN. Madam President, I called sequester. what could be done about the problem. ask unanimous consent to speak as if Yesterday it was stated that indeed The whistleblower gave Jones his in morning business. the NASA authorization bill violated candid opinion, and a few weeks later The PRESIDING OFFICER. Without the Budget Control Act of 2011. I tried he put it in writing what he had told objection, it is so ordered. to explain in the committee that it did Jones during this meeting. His e-mail (The remarks of Mr. HOEVEN per- not. As a matter of fact, the Budget to Jones included allegations of mis- taining to the submission of S. Con. Control Act is an overall level on com- management by one of his supervisors, Res. 21 are printed in today’s RECORD pressing appropriations. It has no ef- the head of the Narcotics and Violent under ‘‘Submitted Resolutions.’’) fect on the authorization for appropria- Crime Unit. Mr. HOEVEN. With that, I yield the tions. That is where we set policy, and The very next day, that supervisor floor. then we leave it up to the Appropria- called that whistleblower on the carpet The PRESIDING OFFICER. The Sen- tions Committee to set the actual and, according to the whistleblower, ator from Florida. funding. interrogated him about his work in NASA AUTHORIZATION So I am happy to say that we made search of a pretext to discipline him. Mr. NELSON of Florida. Madam the step that we needed to make. We Failing to find a substantive reason President, we passed the NASA author- have the bill proceeding now out of the to discipline him, his supervisors then ization bill out of the Commerce Com- committee. I am sad to say that for the suspended him for 5 days for his de- mittee yesterday. Sadly, I must report first time ever this broadly based, wild- meanor during the meeting. Now, based that it is the first time the NASA bill ly popular, not only bipartisan but on what we know at this point, it cer- has been a partisan vote that I can ever nonpartisan program, called America’s tainly looks like retaliation, and it remember. NASA—this little program space program, has come out of the helps explain why the Office of Special that is such a can-do agency—has al- committee with a partisan vote. Counsel believed these allegations mer- ways been not only bipartisan, but it Let’s turn this around, and let’s not ited further investigation. Remember, has been nonpartisan. have this excessive partisanship and only about 10 percent, 1 in 10 of these There was actually no real disagree- this ideological rigidity that is grip- types of allegations is selected for in- ment with the content, the policies set ping this country’s politics. Let’s not vestigation by the Special Counsel. in the NASA authorization bill. It is have that infect our Nation’s space To be fair, we do not know the full very similar to what the Appropria- program. story. The Office of Special Counsel has tions Committee indeed has already I yield the floor. not finished its investigation into the passed out of the full Appropriations The PRESIDING OFFICER. The Sen- matter. But this fact remains: There is Committee. But, sadly, there is an in- ator from Iowa. an open investigation of serious allega- sistence that this artificial budget lim- Mr. GRASSLEY. Madam President, I tions of whistleblower retaliation, and itation, which is like a meat cleaver ask unanimous consent to speak for up because that investigation remains cutting across the board—some would to 15 minutes on the Todd nomination. open, this body—the Senate of the describe it as a guillotine coming down The PRESIDING OFFICER. Without United States—should have the full in- across programs willy-nilly—cutting objection, it is so ordered. formation about the nominee, and it

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6096 CONGRESSIONAL RECORD — SENATE July 31, 2013 does not have it, and it should have it Wouldn’t that scare anybody who work, on July 2 I wrote to the FBI, the before voting on that nomination. worked in that organization? DEA, and ICE seeking information These are serious charges. The public Of course, blowing the whistle re- about the deteriorating relationship interest demands resolution of these quires going outside the chain of com- between Federal law enforcement and issues. Members of the Senate are enti- mand to report wrongdoing. If you do the U.S. Attorney’s Office under Mr. tled to know if these charges have not get the benefit of people listening Jones’s leadership. I have received no merit. Members of the Senate are enti- to you within, then it is your constitu- replies to that request. tled to the complete record. tional responsibility to go outside and In addition to his record as U.S. at- So everyone should ask, Why then report violation of law. So telling em- torney for the District of Minnesota, are we voting on a nomination on ployees there will be consequences for what about Mr. Jones’s record as Act- which there is an open investigation going outside the chain of command is ing Director of the Bureau of Alcohol, and on a nominee where we do not have the same thing as telling them there Tobacco, and Firearms? It is no secret the complete information? To me, the will be consequences for whistle- that there have been a number of con- answer is obvious: We should not be blowing. troversial events that Mr. Jones has conducting this vote until this matter This video was seen by several em- been involved in to one degree or an- is resolved. ployees in the U.S. Attorney’s Office of other. I have sent numerous letters to I would like to highlight a few com- Minnesota, also headed by Mr. Jones in the department requesting information ments contained in a recent letter from his other capacity. These employees from and about Mr. Jones. In many the National Whistleblowers Center. wrote to the Office of Special Counsel cases, I have received no response or an That organization, since 1988, has been referencing the video, stating that they incomplete response. Here is a sam- supporting whistleblowers. had ‘‘felt for the employees of ATF as pling: The center opposes a vote on this we too have had the same types of On Fast and Furious—on October 12, nomination ‘‘until there is a complete statements made to us.’’ 2011, the House Oversight and Govern- and thorough investigation into his They then said Mr. Jones ‘‘ha[d] in- ment Reform Committee subpoenaed treatment of employee-whistle- stituted a climate of fear, ha[d] pushed records of the Attorney General’s advi- blowers.’’ This is exactly what I am re- employees out of the office, dismissed sory committee relating to Operation questing today: a ‘‘no’’ vote to give the employees wrongly, violated the hiring Fast and Furious during a period Jones time to complete this investigation. practices of the EEOC, and put in place was committee chair. I reiterated that The National Whistleblowers Center an Orwellian style of management that request on April 10, 2013. notes that the Office of Special Coun- continues to polarize the office.’’ No. 2, ATF’s accountability for Fast sel’s investigation remains open. As I mentioned, the former head of and Furious. On October 19, 2012, and Again, I agree with their contention; the FBI in Minnesota also wrote to the January 15, 2013, I requested informa- namely, ‘‘that office should be able to committee about Mr. Jones. In that tion on which ATF employees would be complete its inquiry in due course, letter, he wrote: disciplined for their role in Fast and without any pressure triggered by the As a retired FBI senior executive, I am one Furious. of the few voices able to publicly express our nomination process.’’ No. 3, Fast and Furious interview re- I am surprised to hear rumblings complete discontent with Mr. Jones’ ineffec- tive leadership and poor service provided to quest. From October 7, 2011, through about my opposition to this nominee January 2012, I requested a staff inter- based on this particular matter. It the federal law enforcement community without fear of retaliation or retribution view with Jones regarding Fast and seems some are asking the question, from him. Furious. I reiterated that request to What does this whistleblower retalia- Meaning from Mr. Jones. Mr. Jones on April 10, 2013. tion have to do with the ATF? Why is Those are chilling words, as I have No. 4, interview request on Reno, NV, this investigation even relevant? said twice. They corroborate what ATF office. My April 10, 2013, letter I sincerely hope my colleagues have members of his staff have said and are also indicated that Mr. Jones’s failure not forgotten about the disaster of Op- consistent with the whistleblower re- to act on Reno management issues was eration Fast and Furious—an absolute taliation complaint. another area of questions to be covered failure by the former leadership of the The former FBI Special Agent in in a staff interview. ATF. In that case, the former ATF Charge continued with this report: leadership and the ex-U.S. attorney re- No. 5, interview request on Operation [Mr. Jones] was, and still remains, a sig- taliated against the brave whistle- Fearless. My April 10, 2013, letter indi- nificant impediment for federal law enforce- cated that the botched Operation Fear- blowers who alerted authorities about ment to effectively protect the citizens of this botched operation of Fast and Fu- less in Milwaukee was another area of Minnesota. . . . questions to be covered in a staff inter- rious. A U.S. attorney in Arizona had As the Minneapolis Star Tribune re- to resign because of his retaliatory view. ported on December 31, 2012: No. 6, document request on Operation conduct against whistleblowers. Criminal prosecutions have dropped dra- Based in part on that history, I am Fearless. On May 10 of this year, I sent matically at the U.S. Attorney’s office in Mr. Jones a letter requesting a copy of extremely hesitant to place at the head Minneapolis under the leadership of B. Todd of that agency this individual who has Jones, rankling some in law enforcement. the Office of Professional Responsi- bility and Security Operations report been accused of retaliation against a But then the article continued: whistleblower and, as Acting Director on the botched Milwaukee storefront Several federal and state law enforcement operation. of ATF, Mr. Jones sends a very chilling sources said that the U.S. Attorney’s office message to all the employees of that refused to prosecute drug and violent crime No. 7, on the St. Paul and quid pro organization. cases that would have been snapped up by quo matter, I was able to have a staff Mr. Jones was caught on video, so we Jones’ predecessors. None agreed to be interview with Mr. Jones. Just to re- know exactly what he said. He was quoted, saying they must maintain a rela- mind my colleagues about the issue I caught on video making very dis- tionship with the U.S. Attorney’s Office. will tell you, briefly, on February 3, turbing statements specifically tar- My investigation revealed that dur- 2012, the Department of Justice and the geted at discouraging ATF agents from ing Mr. Jones’s tenure as U.S. attor- City of St. Paul struck a deal. The blowing the whistle. ney, several people allege that rela- terms of the quid pro quo were as fol- Let me remind you, whistleblowers tionships with other Federal law en- lows: The Department declined to in- are patriotic Americans who think the forcement agencies deteriorated also. tervene in two False Claims Act cases law ought to be followed and the gov- Now, why would we want to confirm as that were pending against St. Paul, ernment do what the law says. Director of the ATF someone who has and St. Paul withdrew its petition be- He told these whistleblowers: a poor track record working with Fed- fore the U.S. Supreme Court on the [I]f you don’t respect the chain of com- eral law enforcement? Magner case, a case that observers be- mand, if you don’t find the appropriate way Since the majority insisted on mov- lieved would invalidate the use of dis- to raise your concerns to your leadership, ing forward without waiting for the Of- parate impact theory under the Fair there will be consequences. fice of Special Counsel to complete its Housing Act.

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6097 But this was no ordinary settlement. eral law enforcement agencies still re- complex world. The fabric of global Instead of furthering the ends of jus- covering from the disastrous scandal of stability is woven with many threads tice, this settlement prevented the Fast and Furious. I do not believe we of democracy, good governance, eco- courts from reviewing potentially mer- should simply rubberstamp this nomi- nomic development, health, education, itorious claims and the recovery of nation and sweep the alarming allega- national security and, of course, diplo- hundreds of millions of dollars for the tions under the rug. macy. U.S. Treasury. I would hope that further action on The global challenges of our genera- The U.S. attorney in Minnesota at the nomination pause until these mat- tion require leaders, leaders capable of the time of the quid pro quo, Mr. ters are resolved. Before I close, I wish seeing each of these threads and appre- Jones, was serving both as U.S. attor- to address one additional matter. I ciating how they connect and how we ney and Acting Director of the Bureau have heard it argued from the majority can weave them together to make a of Alcohol, Tobacco, Firearms and Ex- that there is an urgency to get this stronger more vibrant world. plosives. Mr. Jones was interviewed by nomination confirmed because ATF As chair of the Senate Foreign Rela- the committee staff as part of the in- has not had a confirmed Director for 7 tions Subcommittee on African Affairs, vestigation on March 8, 2013. However, years. President Bush made a nomina- I am excited to work with Ambassador before agreeing to the interview, the tion in March 2007. That nomination Power to strengthen our friendship and department demanded that staff not be was held up in the Senate based on con- strategic partnerships on that vital permitted to ask Mr. Jones any further cerns regarding ATF’s hostility to continent. On Israel, it is clear she be- questions other than those involving small gun dealers and the nominee’s lieves in our Nation’s unbreakable quid pro quo. apparent indifference to their con- bond with the Jewish State. She has Questions remain about whether he cerns. shown us, in her words and actions, es- was effectively managing both jobs as President Obama did not nominate a pecially when she played an under- the U.S. attorney and Acting Director. Director until November 17, 2010. That reported and underappreciated role de- For example, when asked by com- is 2 years into his first term. That indi- fending Israel at the U.N. during the mittee staff about his failure to attend vidual’s nomination stalled because Palestinian statehood vote. a seminal meeting between the depart- neither the White House nor the nomi- In closing, it is clear that in ment’s civil division and representa- nee responded to our requests for addi- Samantha Power we have a nominee tives from the City of St. Paul, which tional information. Rather than re- with a keen intellect and a grasp of the occurred in December 2011, he stated spond to our requests so that nomina- complex foreign policy challenges we that he did not attend because he had tion might move forward or withdraw face in the world. She combines a dedi- an event at ATF that precluded his at- that nomination and send up another, cation to American values and prin- tendance. When pressed further, Mr. the White House did nothing for 2 ciples with the pragmatism that will Jones indicated the important event at years. serve us well at the U.N. I am proud to ATF was a holiday party called ‘‘sweet The nomination of Mr. Jones was not vote for her confirmation and urge my treats.’’ sent up to the Senate until the begin- colleagues to do the same. He felt it was more important that ning of this year. So for the past 41⁄2 I yield the floor. he attend that event than it was to at- years, the vacancy is the responsibility The PRESIDING OFFICER. The Sen- tend his crucial meeting—— of the White House. I do not think that ator from Minnesota. The PRESIDING OFFICER. The Sen- supports their contention that there is Ms. KLOBUCHAR. Madam President, ator’s time has expired. a crisis because of a lack of a Senate- I rise in support of the nomination of Mr. GRASSLEY. I ask unanimous confirmed nominee. Todd Jones to be Director of the Bu- consent for 3 additional minutes. In any event, the prudent course for reau of Alcohol, Tobacco, Firearms and The PRESIDING OFFICER. Without the Senate, and what I support, is to Explosives. I wish to first thank Sen- objection, it is so ordered. wait a short while, until the open com- ator COONS for his remarks about Mr. GRASSLEY. It was more impor- plaint is resolved. I urge my colleagues Samantha Power. I am also looking tant that he go to sweet treats than to vote against cloture. forward to the vote on her confirma- worry about collecting $200 million I yield the floor. tion. I am looking forward to her serv- under False Claims Act cases pending. The PRESIDING OFFICER. The Sen- ice. I raised many of these issues with Mr. ator from Delaware. This is a very important job. As the Jones at his hearing and in written POWER NOMINATION Presiding Officer knows, the ATF has questions for the record. But in too Mr. COONS. Madam President, this an incredibly important role in inves- many instances Mr. Jones was unable week the Senate will consider the nom- tigating crimes and terrorist incidents or unwilling to provide an adequate re- ination of Samantha Power to serve as such as the Boston Marathon. They re- sponse. Unfortunately, I have a lin- our next Ambassador to the United Na- cently investigated the explosion in gering concern about his candor during tions. In fact, I hope we will take it up Texas that took so many innocent his testimony. With this record before later today. This is a critical position lives. This must be a top priority for us, it should be apparent to all of my to our President’s national and foreign the United States of America. colleagues that the Senate should not policy team, and I believe Ms. Power’s Yet this is a position where there are move forward with Mr. Jones’ nomina- experience, values, and wise approach 2,400 agents—2,400 ATF agents—and tion. to foreign policy will make her a ter- they have gone without a permanent First, the Senate has yet to learn the rific Ambassador. Director for 7 years, ever since this be- results from the investigations of Of- Throughout her career, she has dis- came a confirmable position. This hap- fice of Special Counsel; two, the Senate played a passion for human rights and pened under President Bush. There was has not had an opportunity to hear Mr. worked tirelessly to prevent atrocities not a confirmed Director. It is hap- Jones address those allegations him- abroad. From her early days as a jour- pening now up until today under Presi- self. Point blank he told the committee nalist, to her work in the White House, dent Obama. It is time to change that. he could not speak about them because she has shown a pragmatic idealism It is simply time to change it. of the open investigation; third, the and a deep and nuanced understanding I know Todd Jones. For 2 years he Senate should recognize a troubling of the foreign policy and security chal- has served as the U.S. attorney of Min- pattern indicating the nominee’s in- lenges facing this country around the nesota at the same time he is serving ability to work with Federal law en- globe. as the ATF Director. That is not an forcement and whistleblowers; four, his I met with Ms. Power a few weeks easy job. He has five children. He is a involvement in a number of botched ago. I came away confident that she is former marine. He was willing to take operations showing unacceptable man- the right choice to represent our coun- on the ATF job after the Fast and Fu- agement style or capability. try at the U.N. She understands the rious debacle. He was willing to come Elevating an individual with such a critical importance of democratic val- in after that and help to clean up that record is not how you rehabilitate the ues and human rights to global sta- agency and make some very tough de- reputation, image, and culture of Fed- bility. Ours is a complex time and a cisions. He took on that job while still

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6098 CONGRESSIONAL RECORD — SENATE July 31, 2013 remaining the U.S. attorney in Min- lia, To date, this investigation has re- In addition to the ATF’s enforcement nesota. sulted in charges filed against 22 other responsibilities, the agency is central I would note he served as the U.S. at- individuals and Operation Brother’s to firearms commerce. The ATF issues torney of Minnesota under President Keeper, a major RICO case, the second permits for companies that import fire- Clinton and again was appointed to biggest Ponzi scheme in the history of arms and provide firearms to law en- serve under President Obama. Then, 2 America, second only to the Bernie forcement agencies. Without a con- years ago, he was asked to be the Act- Madoff Ponzi scheme, prosecuted by firmed Director, the ATF’s job of sup- ing Director of ATF, never knowing if the U.S. Attorney’s Office, by a fine porting and regulating Americans who this day would ever come when actu- prosecutor named Joe Dixon and many make their living in the business of ally there would be a vote on his con- others under Todd Jones’s leadership. firearms is much more difficult. Yet we firmation. This gives us a sense—and I would continue to hamper the ATF’s ability He literally has never turned down a end with this as I see Senator LEAHY, to do its job. No nominee to lead the tough assignment. Todd Jones has an our great chairman is here. Jones’s ATF has been confirmed since that po- impressive background that makes him confirmation is supported by the Fra- sition was made subject to the Senate’s well prepared to lead the ATF. After ternal Order of Police, the Inter- consent. law school at the University of Min- national Chiefs of Police, 81 U.S. attor- I hope the Senate will vote to change nesota, he entered the U.S. Marine neys, the National District Attorneys this unfortunate pattern of obstruc- Corps, as I noted, where he served on Association, Minnesota’s former FBI tion. Mr. Jones is a dedicated public Active Duty as a judge advocate and Special Agent in Charge, Ralph servant and law enforcement official. infantry officer from 1983 until 1989. Boelter, the former U.S. attorney Tom He volunteered for the U.S. Marine Two years later, he was called back to Hefflefinger, who served under both Corps in 1983, serving on Active Duty Active Duty during the first Iraq war. George H. W. Bush and George W. Bush as a Judge Advocate and Infantry offi- In addition to his military career and in Minnesota, and dozens of others who cer until 1989. In 1991, he was recalled having the rare distinction of serving have worked with Mr. Jones over his to Active Duty to command the 4th as U.S. attorney under two different many years of public service. Marine Division’s Military Police Com- Presidents, Todd Jones also has a I would end with this: The ATF has pany in Iraq. He also served as com- strong record as a line prosecutor in people on the frontlines every day. manding officer of the Twin Cities Ma- the Minnesota U.S. Attorney’s Office. They do not ask if the work they have rine Reserve Unit. When Todd Jones When Jones was U.S. attorney in Min- done is ordered by a Republican or a was confirmed by this body in 1998, he nesota from 1998 to 2001, the violent Democrat. When they go to investigate became the first African-American crime rate decreased by 15 percent. So a bombing, they do not ask the police U.S. attorney in Minnesota’s history. far during his second tenure as the U.S. officers what their political affiliation Todd Jones has served this country attorney, the violent crime rate in is or who the FBI is. They do not care. honorably as a marine, a U.S. attorney, Minnesota has already decreased by 9 They just do their job. Now it is time and the ATF’s Acting Director. percent. for the Senate to do its job and confirm Unfortunately, there is opposition to We all know there are a lot of factors an ATF Director for the first time in 7 Mr. Jones’s confirmation. But in my that go into that, including the great years. I thank the chairman for his view this opposition has little to do work of our local police officers, in- leadership. with his ability to lead this important cluding work of our police chiefs, in- I yield the floor. Federal agency. Every nominee to lead cluding the work of community groups, The PRESIDING OFFICER. The Sen- the ATF has been met with unreason- including the economy. There are a ator from Vermont. able opposition. And the consistent op- number of things at hand. But when I Mr. LEAHY. Madam President, when position all nominees to this post have hear attacks against Mr. Jones, I be- the 113th Congress convened following faced is less about those nominees’ lieve it is important to set the record the terrible tragedy in Newtown, CT, qualifications than about weakening a straight. the Judiciary Committee focused its Federal law enforcement agency that One other thing—I did want to set attention on commonsense gun vio- some disfavor. the record straight on one other thing. lence prevention legislation. The Some Senate Republicans would pre- I so appreciate the leadership Senator American people made their voices fer not to have anyone leading the GRASSLEY has shown when it comes to heard in favor of effective reforms, and ATF, no matter who the nominee is. whistleblowers. But everyone should many Senators went to work to find They would not allow President Bush know, regarding this complaint within common ground. to have a confirmed Director, and they the office, an internal complaint with- Although the Senate Judiciary Com- do not want President Obama to have in the U.S. Attorney’s Office in Min- mittee approved four pieces of legisla- one either. nesota, it was investigated by the Judi- tion to address gun violence, two of Opposition to confirming an ATF Di- ciary Committee. In this place, to set which were reported on bipartisan rector is just another piece of the over- the record straight, the complainant votes, the Senate was unable to pass all effort by some in Congress to make voluntarily agreed to mediate his con- any of these measures. Like many it more difficult for the ATF to carry cerns. The Office of Special Counsel is Americans, I was disappointed at the out its important mission. For exam- no longer investigating. I wish to make Senate’s inability to come together to ple, when the ATF proposed and imple- that straight for all of my colleagues make sensible changes to our laws to mented a rule intended to provide in- so they understand the outcome of that reduce gun violence. vestigative leads on straw purchasing and that there is a mediation going on. Today we have another chance to rings in the Southwest that were fuel- It is not being investigated. make progress in our efforts to reduce ing drug cartel violence by trafficking As an assistant U.S. attorney, Todd gun violence with the confirmation of firearms across the border, some Mem- Jones was the lead prosecutor in a B. Todd Jones to lead the Bureau of Al- bers of Congress immediately objected, number of cases involving drug con- cohol, Tobacco, Firearms, and Explo- and the agency was sued to block im- spiracies, money laundering, financial sives. Todd Jones has served as the plementation of the rule. The rule, fraud, and violent crime in the early Acting Director since September 2011. which has now been upheld unani- 1990s. In the private sector, he became Under his leadership, the ATF has been mously by two Federal Circuit Courts a partner at two very well regarded called on to analyze the bombs left of Appeal, including the Fifth Circuit, Minnesota law firms, Robins Kaplan near the finish line at the Boston Mar- was simple—it required federally li- and Greene Espel. He has led a number athon, to sift through burned debris in censed firearms dealers to report sales of very important prosecutions in his the West, TX, explosion and to trace of multiple semiautomatic rifles to the capacity as U.S. attorney: Operation the weapons used by the shooters in ATF, just as all licensed dealers are re- Rhino, which involved the criminal the Newtown and Aurora massacres. quired to report multiple sales of hand- prosecution of Omer Abdi Mohamed, The ATF has played a major role in in- guns. Yet some spent significant en- who recruited young Somali Americans vestigating some of our Nation’s worst ergy and resources to block the agen- to fight for terrorist groups in Soma- tragedies. cy’s action.

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6099 And in recent years, some Members tion of documents from the Depart- nominee in her capacity as the U.S. at- of Congress spent months and untold ment of Justice that his staff had al- torney for the Northern District of public resources investigating mis- ready had access to for months. He in- Iowa. We conducted a bipartisan staff guided investigative tactics in the sisted that his staff be able to inter- investigation into the claims. I lis- ATF’s Phoenix field office associated view Todd Jones in his capacity as U.S. tened to the Senators from Iowa, and with an ATF criminal investigation attorney for the District of Minnesota, we determined we could move forward called Fast and Furious. The Fast and as well as two other Justice Depart- despite the civil suit that was pending Furious investigation concerned a sig- ment officials, in order to try to build against the nominee. The nominee was nificant firearms trafficking organiza- a case against another nomination, overwhelmingly confirmed to the U.S. tion in Arizona. This trafficking orga- that of Tom Perez to be Labor Sec- District Court for the Southern Dis- nization was systematically purchasing retary. trict of Iowa. hundreds of firearms using straw buy- Senator GRASSLEY requested addi- Earlier this year, when a defense ers and transferring them to members tional background information from counsel filed a motion against the U.S. of Mexican drug cartels. They operated the administration not usually re- attorney for the District of New Mex- with ease and virtual impunity as the quired by the committee for an execu- ico making allegations of improper ac- result of weak Federal laws concerning tive nomination and he was provided tivity, we independently examined the straw purchasing and firearms traf- that information. When he sought in- matter. The committee proceeded with ficking. Investigators and prosecutors formation about an ATF operation in that nomination instead of delaying it. Milwaukee, I arranged a bipartisan were hobbled by weak laws. Some took Todd Jones is the ATF’s fifth Acting briefing from the agency. unacceptable risks to combat a very se- Director since 2006. During that time Then a member of the ranking mem- rious problem on both sides of our bor- 80,000 Americans have been killed with ber’s staff disclosed a private Office of der with Mexico. guns. The ATF helps protect our com- When the investigative tactics at Special Counsel, OSC, complaint munities from dangerous criminals, issue came to light, they were widely against Todd Jones to the press. I gun violence, and acts of terror. It is a criticized, and Attorney General Hold- thought it unfair that the nominee central piece of our Federal law en- er acted swiftly to put an end to them. could not publicly defend his reputa- forcement strategy. For too long the The Attorney General also directed the tion. position of Director at the ATF has Department of Justice inspector gen- An employee complained of ‘‘gross been held hostage to partisan politics eral to conduct a thorough investiga- mismanagement and abuse of author- at the expense of public safety. It is tion. As a result of the inspector gen- ity’’ but the OSC closed the file based time to make real progress in our ef- eral’s investigation, those responsible on lack of evidence. The other allega- forts to reduce gun violence and pro- for these tactics were disciplined. And tion involved alleged retaliation for tect the citizens of this great Nation. the ATF’s procedures were revised to making the mismanagement claim, Today, I encourage all Senators to set out clear guidelines for firearms and that subsidiary claim has been re- take the opportunity to move toward trafficking investigations. ferred to mediation. In deference to the that goal together with the confirma- While some Members of Congress complaining party and at the request tion of B. Todd Jones to lead the Bu- were content to merely heap blame on of the investigating agency that the reau of Alcohol, Tobacco, Firearms, the Attorney General and other dedi- complaint not be made public, it has and Explosives. cated law enforcement officials fol- not been. I wish it were. It is not sub- lowing the Fast and Furious investiga- stantial or directly related to Todd CLOTURE MOTION tion, I and other Senators chose a dif- Jones. It is certainly not a reason to The PRESIDING OFFICER. Under ferent path and worked with law en- oppose his confirmation. the previous order, the cloture motion forcement experts and advocates on I know Senator GRASSLEY has the having been presented under rule XXII, both sides of the firearms policy debate right to raise concerns, but he has the Chair directs the clerk to read the to come up with an effective, sensible made it very clear he does not approve motion. of Todd Jones under any cir- approach to put an end to the straw The legislative clerk read as follows: purchasing and firearms trafficking. cumstances. I had asked his staff to Unfortunately, the same Senators work with us to get a clearer under- CLOTURE MOTION who were so critical of the ATF’s in- standing of the retaliation complaint. We, the undersigned Senators, in accord- vestigative tactics in Arizona and its But when we talked to the complain- ance with the provisions of rule XXII of the approach to dealing with a very serious ant, he was willing only to repeat his Standing Rules of the Senate, hereby move law enforcement issue declined to sup- own allegations, allegations that are to bring to a close debate on the nomination port the bipartisan legislation Senator not aimed directly at Mr. Jones but at of Byron Todd Jones, of Minnesota, to be Di- somebody else, a mid-level manager. rector, Bureau of Alcohol, Tobacco, Fire- COLLINS and I developed to give law en- arms, and Explosives. forcement the tools they need to fight We asked the complainant to provide Harry Reid, Patrick J. Leahy, Mark gun trafficking. the committee access to the contem- Begich, Christopher A. Coons, Thomas I hope the same Senators that were poraneous files so we could determine R. Carper, Patty Murray, Martin Hein- so critical of the ATF and the Depart- whether this instance was retaliation rich, Bernard Sanders, Jeanne Sha- ment of Justice for the breakdown in or one in a series of disciplinary ac- heen, Benjamin L. Cardin, Al Franken, leadership and management at the tions against an employee spanning Sherrod Brown, Tom Harkin, Jack agency will not obstruct this nominee several years. We offered to take the Reed, Sheldon Whitehouse, Bill Nelson, and the opportunity to give the agency information in confidence, not for the Charles E. Schumer. the solid footing it needs. If the Fast Justice Department but just for mem- The PRESIDING OFFICER. By unan- and Furious investigation revealed bers of our committee. The complain- imous consent, the mandatory quorum anything, it was that the ATF faces ant refused and his lawyer refused to call has been waived. very significant law enforcement chal- provide that to us, so I would ask all The question is, Is it the sense of the lenges, and that our current laws are members to read the complaint them- Senate that debate on the nomination inadequate to provide the tools inves- selves. We have bent over backwards to of Byron Todd Jones of Minnesota to tigators and prosecutors need to con- allow the complainant to come for- be Director, Bureau of Alcohol, To- front these problems. Let us not com- ward, and he has chosen not to do so. bacco, Firearms, and Explosives, shall pound these difficulties with continued I would also note for all Senators be brought to a close? obstruction of this nominee. that we have moved forward on nomi- The yeas and nays are mandatory Todd Jones was nominated in Janu- nees in the past when there have been under the rule. ary. It is now the last day of July. For pending complaints. For example, last months, I accommodated the ranking year a civil suit was filed against a ju- The clerk will call the roll. member on requests for further infor- dicial nominee from Iowa alleging age The legislative clerk called the roll. mation and delay on the nomination of discrimination and retaliation for rais- The yeas and nays resulted—yeas 60, Todd Jones. He insisted on the produc- ing management issues against the nays 40, as follows:

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6100 CONGRESSIONAL RECORD — SENATE July 31, 2013 [Rollcall Vote No. 196 Ex.] Levin Nelson Stabenow ORDER OF PROCEDURE Manchin Pryor YEAS—60 Tester Markey Reed Udall (CO) Mr. REID. Mr. President, I ask unan- Ayotte Hagan Murkowski McCaskill Reid Udall (NM) imous consent that on Thursday, Au- Baldwin Harkin Murphy Menendez Rockefeller Warner Baucus Heinrich Murray Merkley Sanders gust 1, upon disposition of the Chen Warren nomination and the resumption of leg- Begich Heitkamp Nelson Mikulski Schatz Whitehouse Bennet Hirono Pryor Murphy Schumer Wyden islative session, the Senate proceed to Blumenthal Johnson (SD) Reed Murray Shaheen vote on the motion to invoke cloture Boxer Kaine Reid Brown King Rockefeller NAYS—42 on S. 1243, the THUD appropriations Cantwell Kirk Sanders Alexander Cruz Moran bill; further, that following the cloture Cardin Klobuchar Schatz Ayotte Enzi Murkowski vote, the Senate recess until 2 p.m. for Carper Landrieu Schumer Barrasso Fischer Paul the bipartisan caucus meeting we are Casey Leahy Shaheen Boozman Flake Portman Collins Levin Stabenow Burr Graham Risch having tomorrow. Coons Manchin Tester Chambliss Grassley Roberts The PRESIDING OFFICER. Without Donnelly Markey Udall (CO) Chiesa Hatch Rubio objection, it is so ordered. Durbin McCain Udall (NM) Coats Heller Scott Feinstein McCaskill Warner Coburn Hoeven Sessions The PRESIDING OFFICER. The Sen- Franken Menendez Warren Cochran Isakson Shelby ator from Iowa. Gillibrand Merkley Whitehouse Collins Johanns Thune Mr. GRASSLEY. I ask unanimous Graham Mikulski Wyden Corker Johnson (WI) Toomey consent that I be permitted to speak Cornyn Lee Vitter NAYS—40 Crapo McConnell Wicker for 12 minutes as in morning business. Alexander Enzi Paul The PRESIDING OFFICER. Without NOT VOTING—5 Barrasso Fischer Portman objection, it is so ordered. Blunt Flake Risch Blunt Inhofe McCain Boozman Grassley Roberts Harkin Landrieu f Burr Hatch Rubio The nomination was confirmed. Chambliss Heller Scott FIXING AMERICA’S WELCOME MAT Chiesa Hoeven The PRESIDING OFFICER. Under Sessions Mr. GRASSLEY. Mr. President they Coats Inhofe Shelby the previous order, the motion to re- Coburn Isakson say history has a way of repeating Thune Cochran Johanns consider is considered made and laid Toomey itself. That certainly came true in Corker Johnson (WI) upon the table. The President will be Vitter June when the Senate approved a Cornyn Lee immediately notified of the Senate’s Wicker sweeping reform bill to revamp the na- Crapo McConnell action. Cruz Moran tion’s immigration laws. Unfortu- The PRESIDING OFFICER (Mr. f nately, the U.S. Senate failed to learn HEINRICH). On this vote, the yeas are LEGISLATIVE SESSION from the mistakes created by the 1986 60, the nays are 40. Three-fifths of the overhaul. The PRESIDING OFFICER. The Sen- In the 1980s, about 3 million people Senators duly chosen and sworn having ate will resume legislative session. voted in the affirmative, the motion is who were living in the country ille- agreed to. f gally were granted legal status. Today, 27 years later, the U.S. estimates 11 Under the previous order, all MORNING BUSINESS postcloture time is expired. million undocumented immigrants are Mr. REID. Mr. President, I ask unan- The question is, Will the Senate ad- living here. imous consent the Senate proceed to a vise and consent to the nomination of What should that tell us? It says that period of morning business with Sen- Byron Todd Jones, of Minnesota, to be the 1986 law failed to stem the flow of ators allowed to speak therein for up to Director, Bureau of Alcohol, Tobacco, illegal immigration. It sent the wrong 10 minutes each. Firearms and Explosives? signal by granting legal status to mil- The PRESIDING OFFICER. Without Mr. LEAHY. Mr. President, I ask for lions while ignoring the need to secure objection, it is so ordered. the yeas and nays. the border. The PRESIDING OFFICER. Is there a f I do not need a crystal ball to tell me sufficient second? what would happen on the road ahead UNANIMOUS CONSENT AGREE- if we repeat the mistakes of the past. I There appears to be a sufficient sec- MENT—EXECUTIVE CALENDAR ond. saw how legalizing before securing our There is a sufficient second. Mr. REID. Mr. President, I ask unan- borders turned out. It turned America’s The clerk will call the roll. imous consent that at 11 a.m., Thurs- time-honored welcome mat into a The assistant legislative clerk called day, August 1, the Senate proceed to timeworn doormat. the roll. executive session to consider the fol- America’s immigration system is Mr. DURBIN. I announce that the lowing nomination: Calendar No. 96; broken. It is time to fix it so that a that there be 60 minutes for debate legal flow of immigration can help the Senator from Iowa (Mr. HARKIN) and equally divided in the usual form; that economy and bolster areas of the work- the Senator from Louisiana (Ms. LAN- following the use or yielding back of force that are short of workers, from DRIEU) are necessarily absent. Mr. CORNYN. The following Senators time, the Senate proceed to vote with low-skilled to high-tech workers. are necessarily absent: the Senator no intervening action or debate on the But immigration laws should not nomination; the motion to reconsider come at the expense of American work- from Missouri (Mr. BLUNT), the Senator be considered made and laid upon the ers or cause them to be disadvantaged, from Oklahoma (Mr. INHOFE), and the table with no intervening action or de- displaced or underpaid. Rooting out Senator from Arizona (Mr. MCCAIN). The PRESIDING OFFICER. Are there bate; that no further motions be in fraud and abuse from many of our visa any other Senators in the Chamber de- order; that any related statements be programs should be a priority. siring to vote? printed in the RECORD; that the Presi- Unfortunately, the bill passed by the The result was announced—yeas 53, dent be immediately notified of the U.S. Senate would not fix what is bro- nays 42, as follows: Senate’s action and the Senate then re- ken and is chock-full of loopholes that sume legislative session. make the legalization system far from [Rollcall Vote No. 197 Ex.] The PRESIDING OFFICER. Without ideal. YEAS—53 objection, it is so ordered. Thankfully our system of self-gov- Baldwin Carper Heinrich Mr. REID. I ask unanimous consent ernment protects representation of, by Baucus Casey Heitkamp Begich Coons Hirono that on Thursday, August 1, 2013, at 2 and for the people with a bicameral Bennet Donnelly Johnson (SD) p.m. the Senate consider Executive Congress. Now the U.S. House of Rep- Blumenthal Durbin Kaine Calendar No. 220, the Samantha Power resentatives has a chance to get it Boxer Feinstein King nomination under the previous order. right. Brown Franken Kirk Cantwell Gillibrand Klobuchar The PRESIDING OFFICER. Without The House is moving on a number of Cardin Hagan Leahy objection, it is so ordered. bills. They are having very thoughtful

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6101 discussions on how to improve the the borders are secured, there is noth- The Congress has passed several laws legal system while adhering to the rule ing that ensures that results are that require the executive branch to of law. They also know that passing achieved. track the entry and exit of foreign na- one sweeping bill is a recipe for dis- The bill requires the Department of tionals. Those mandates have been ig- aster—one that inevitably creates loop- Homeland Security, within 6 months of nored. The airline industry has re- holes and allows special interest provi- enactment, to develop a strategy on sisted. Instead of building upon current sions to override good policy. how to secure our borders. The strat- law and finding a way to make it hap- I would like to discuss a few of their egy includes an assessment of threats pen, the House bill provides a way out good ideas. along the border. It will take into con- if the exit system is not deemed fea- First, the House Judiciary Com- sideration the coordination of depart- sible by the Secretary—the same Sec- mittee approved the SAFE ACT, a bill ments and the cooperation of foreign retary that has made no progress on that beefs up our interior enforcement countries. The strategy calls for an as- the system. efforts. It provides tools to State and sessment of technology needed. But, it Border security is not only putting local law enforcement agencies to help does not actually do anything to give manpower and technology along the the government enforce immigration agents the resources they need. It does southern border. It is also about track- laws. nothing to require fencing to be built. ing people that enter this country. It enhances the 287(g) program, which After the strategy is submitted to Given that 40 percent of our undocu- I helped author. It gives the States and Congress, the Secretary develops an mented population consists of visa localities the power to enact and en- implementation plan and provides that overstays, we must address this prob- force their own immigration laws as to Congress and the Government Ac- lem immediately. long as they are consistent with Fed- countability Office. This problem is highlighted by a GAO eral law. The bill would improve our But like the Senate bill, there is no report that was issued on Tuesday. country’s ability to remove criminal repercussions if the Secretary does not GAO found that the Department has aliens. Dangerous individuals would be actually submit a strategy. And, there lost track of more than 1 million peo- detained, sex offenders would be made is no verification or approval of the ple. We know they arrived in the inadmissible, and gang members would strategy by Congress. Instead, it relies United States, but we do not have de- be both inadmissible and deportable. on this or a future administration to parture records. These are provisions that are omitted make promises they will not keep. It By statute, the Department is re- from the Senate bill. Dangerous crimi- relies on them to fulfill the law, but we quired to report overstays. They claim nals are ignored in the Senate bill, and have seen time and again that they they do not report the estimates be- it was apparent that the other side of thumb their nose at bills we send them. cause of lack of confidence that the the aisle did not want to have votes They not only refuse to implement data is reliable. After 17 years, the law that would bar these dangerous crimi- laws they like—such as ObamaCare— has been ignored. The government is nals from receiving legal status. but they will refuse to carry this one not sophisticated enough to match in- Securing the border is very impor- out as well. coming and outgoing travel records, tant, but so is focusing on individuals The bill requires the Secretary to de- and that is a serious risk to our na- who violate our laws and violate the velop metrics to measure the ‘‘effec- tional security. Over the years, the GAO has high- terms of their stay in the U.S. If we are tiveness’’ of security at ports and be- lighted the challenges that the Depart- serious about being tough on sex of- tween ports of entry. That is a good ment faces in putting the entry and fenders, domestic abusers, drunk driv- start. But, there are no consequences if exit system in place. Their new report ers, and other criminals, then the the Secretary does not develop such casts more doubt on the Department’s SAFE Act needs to be passed by the metrics. The GAO would evaluate the competency. Senate and sent to the President. metrics, but again, there is no real con- When the Senate passed the immigra- Second, the House Judiciary Com- sequence if they are flawed metrics. tion bill in June, I was very clear in mittee approved a bill that improves The border still will not be secured. suggesting that the bill would have to the existing E-VERIFY program. This The Secretary then certifies that her be fixed by a conference committee program is a valuable tool and should department has achieved ‘‘operational with the House, if it ever goes to a con- be made mandatory for all businesses. control.’’ The definition of ‘‘oper- ference. With the exception of the bor- While the Senate bill does make it ational control’’ is weakened from cur- der security bill, the House has pre- mandatory, it does so over 6 years and rent law. The bill defines it as a ‘‘con- sented some valuable ideas. provides exceptions for certain employ- dition in which there is a not lower While I want an immigration reform ers. The House bill would implement than 90 percent illegal border crossing bill sent to the President, I want it the program on a faster timetable, for effectiveness rate, informed by situa- done right. We can take our time to get which I have advocated. tional awareness, and a significant re- it right. Third, the House Judiciary Com- duction in the movement of illicit Over the August recess, the Amer- mittee approved bills that improve the drugs and other contraband through ican people will get their opportunity legal system for people who want to such areas is being achieved.’’ to inform members of Congress how live and work in the United States. The The GAO would attest if the certifi- they feel about the immigration pro- committee approved a bill that focuses cation for operational control is truly posals on the table. on high-skilled workers that are need- done. What if the Secretary never cer- But I can predict what many will ed in the country, and another bill that tifies this? What if the GAO says the say. I know from previous townhall improves the legal channels for people Secretary’s certification is not accu- meetings in my State, the people do who want to work in agriculture. If we rate? If the Department fails to achieve not want more laws that will go ig- want to ensure that we do not deal control of the border, then they have nored. They want the laws we have in with millions of people here illegally in to issue a report to explain why. Again, place to be enforced. the future, then we have to focus on it lacks any true accountability for We need legislation that upholds getting our legal immigration system this or any future administration to se- American values of hope, freedom and in order. cure the border. opportunity. We need immigration Now, I would like to talk about the Finally, I want to mention one part laws in place that welcome law-abiding border bill that was approved by the of the House border bill that is most immigrants to share their entrepre- Committee on Homeland Security. concerning to me. During committee neurial spirit, build better lives for This is a bill I am not ready to endorse. mark-up, an amendment was accepted themselves, and help make America a Let me explain why. that would require a plan on the exit better place for generations to come. The bill, known as the Border Secu- tracking system, but unfortunately But we need legislation that upholds rity Results Act, is not a serious and there is no beef to it. Implementation the rule of law and ensures that we do comprehensive approach to border se- of a biometric exit system was a key not saddle future generations with the curity. While it takes a good first step point when the Senate considered im- same problems we are faced with in requiring metrics to assess whether migration. today.

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6102 CONGRESSIONAL RECORD — SENATE July 31, 2013 It is my hope that Congress, over the It was a similar story in the fall of 2 feet per century. At Grand Isle, LA, August break, will listen to the Amer- 2011: the rate is nearly 3 feet per century. ican people and work to enact true re- Due to extreme drought conditions, the These aren’t just projections of what form that achieves real results and city of Grand Prairie, Texas, became the is to come, these are actual measure- makes good on the promises made in first municipality to ban the use of city ments of changes that have already Washington. water for hydraulic fracturing. Other local happened or are happening around us. The PRESIDING OFFICER. The Sen- water districts in Texas followed suit by im- The result is that we have an energy ator from Rhode Island. plementing similar restrictions limiting city infrastructure built for a different cli- water use during drought conditions. f mate than the one which now exists In July of 2011, the report recounts CLIMATE CHANGE and the one which is to come. Condi- that: tions are only predicted to get worse. Mr. WHITEHOUSE. Mr. President, I ExxonMobil’s Silvertip pipeline, buried be- The threat to our energy sector from rise again for the 41st time to ask my neath the Yellowstone River in Montana, changes in the climate should be nei- colleagues to wake up to the threat of was torn apart by flood-caused debris, spill- ing oil into the river and disrupting crude oil ther controversial nor partisan. There climate change. Today I come to dis- are a lot of commonsense solutions cuss the serious risks that climate transport in the region. The property dam- age cost was $135 million. here. Adapting our infrastructure for change poses to our energy sector. climate change is smart, and it will It is no controversial idea that our Senator VITTER, our ranking member on the Environment and Public Works save us from costly repairs. climate affects our energy infrastruc- Investing in energy efficiency by re- ture. In the Northeast, when we think Committee, has told us that 18 percent of the Nation’s oil supply passes ducing the demand for power will re- about what causes power outages, we lieve pressure on the burdened systems. naturally think of bad weather. In fact, through his home State of Louisiana at Port Fourchon. A recent Government Investing in a diverse energy sector the American Society of Civil Engi- will protect against the unique vulner- neers reports that between 2007 and Accountability Office report found that the only access road to that port is abilities of specific types of power 2012, weather-related events were the sources. main cause of electrical outages in the closed 31⁄2 days a year on average be- cause of flooding, effectively shutting Rhode Island is part of the Regional United States. Greenhouse Gas Initiative, nicknamed That same report said: ‘‘The average down that port. With sea level rise Reggie, along with eight other North- cost of a one-hour power outage is just climbing due to climate change, NOAA ern States. Our region caps carbon over $1000 for a commercial business,’’ is now projecting that within 15 years emissions and sells permits to power- just for 1 hour. This takes a serious toll portions of that highway will flood an plants to emit greenhouse gases, which on our economy. average of 30 times each year—again A recent Department of Energy re- shutting down access to that port 30 creates economic incentives for both port has highlighted how sensitive our times a year. States and utilities to invest in energy energy sector is to climate change and Vital infrastructure such as power- efficiency and renewable energy devel- to extreme weather. plants, power lines, roads, and pipe- opment. These efforts also reduce load In September 2011, the Department of lines are all designed to stand up to demand on the region’s electrical grid. Energy reports: historical weather patterns. What hap- We are proud of the effort we are High temperatures and high electricity de- pens when the weather stops following making in New England. I know a lot mand-related loading tripped a transformer historical patterns? of States are working just as hard. I and transmission line near Yuma, Arizona, According to the draft National Cli- say to my colleagues, our home States starting a chain of events that led to shut- mate Assessment: are hampered by the inaction in Con- ting down the San Onofre nuclear power gress. plant with power lost to the entire San U.S. average temperature has increased by about 1.5 degrees Fahrenheit since 1895; more We have received credible and con- Diego County distribution system, totaling vincing warnings. We have received approximately 2.7 million power customers, than 80% of this increase has occurred since with outages as long as 12 hours. 1980. The most recent decade was the na- compelling calls to act. The over- tion’s hottest on record. whelming majority of the scientific Earlier that summer: Oceans and other bodies of water are community recognizes climate change Consecutive days of triple-digit heat and is real and we are causing it. record drought in Texas resulted in the Elec- warming right along with the atmos- tric Reliability Council of Texas declaring phere. Our national security and intel- power emergencies due to a large number of The seasons are shifting. Research ligence community, our faith leaders, unplanned power plant outages and at least shows that in the last two decades the major American corporations, includ- one power plant reducing its output. frost-free season has increased in every ing the insurance and reinsurance in- The report says the Browns Ferry region of the contiguous United States dustry and most Americans all agree Nuclear Plant in Athens, AL, ‘‘had to compared to the average between 1901 we need to act. It is time for Congress reduce power output because the tem- and 1960. to wake up, do its work to slow the on- perature of the Tennessee River, the In the Southwest, the record shows slaught of climate change, and to pre- body of water into which the plant dis- the frost-free season has increased 3 pare for what are now unavoidable, in- charges, was too high to discharge weeks and the western wildfire season evitable effects. Yet here in Congress heated cooling water from the reactor has expanded by more than 2 months we sleepwalk on. without risking ecological harm to the since the 1970s. Precipitation patterns This is an issue I know hits home in river.’’ and the availability of water are your home State in very different ways This happened in 2007, 2010, in 2011, changing throughout the Nation. One than it hits home in my State. But In and, in some cases, the power produc- study concluded that snow in the west- each of our own ways, our States are tion was reduced for nearly 2 months. ern mountains is melting, on average, 1 already experiencing the hit from cli- The Department of Energy reports that to 4 weeks earlier now compared to the mate change. It is caused by carbon ‘‘the cost of replacement power was es- 1950s. pollution that we are putting into the timated at $50 million.’’ The draft National Climate Assess- air, that our companies, our smoke- It is not just power generation, en- ment shows that the amount of rain stacks are launching into the atmos- ergy exploration has been affected too. falling in what we call heavy precipita- phere. It changes our weather, changes The DOE report explains that last tion events or, more colloquially, our temperature, changes our seasons, July: ‘‘In the midst of one of the worst downpours is up in every region of the changes our oceans, changes our water- droughts in American history, certain Nation. It is up 45 percent in the Mid- ways, changes our weather, and companies that extract natural gas and west and 74 percent in the Northeast. changes our lives. oil via hydraulic fracturing faced high- Sea level is rising about 8 inches, on The tragedy is that we sleepwalk on er water costs or were denied access to average, globally, but in some parts of because we are unwilling to address the water for six weeks or more in several the country it is much higher. NOAA special interests that are preventing us States, including Kansas, Texas, Penn- reports that mean waters off the Gal- from taking the action that all Ameri- sylvania, and North Dakota.’’ veston, TX, coast are rising more than cans need. This is the archetypical

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6103 fight between the public good, between quired workers to essentially introduce Those powerful images from ‘‘Bloody an important public security issue and a ‘‘smoking gun’’ in order to prove dis- Sunday’’ were captured on television a private special interest that is de- crimination. By imposing such high and in vivid photographs, and would fending itself, that is defending its standards, the Court sided with big become a catalyst for the passage of right to pollute, that is defending its business and made it easier for employ- the Voting Rights Act. When President ability to compromise our atmosphere, ers to discriminate on the basis of age Lyndon Johnson signed the act into compromise our health, and com- as long as they could cloak it with an- law several months later, he fittingly promise our great oceans and waters. other reason. The Protecting Older gave one of the pens to JOHN LEWIS. This should be an easy struggle. This Workers Against Discrimination Act The Voting Rights Act has become should be an easy struggle, but it is rejects the Supreme Court’s reasoning the most successful piece of civil rights not. And it will be a mark of shame on in the Gross decision, not only in those legislation in this Nation’s history. It this generation, and it will be a mark cases under the ADEA but also under has worked to protect the Constitu- of shame on this building that given similar civil rights provisions. tion’s guarantees against racial dis- the choice between the clear informa- The Supreme Court’s holding has cre- crimination in voting for nearly five tion from the scientists, the clear expe- ated uncertainty in our civil rights decades. It has helped minorities of all rience of what is happening in all of laws, making it incumbent on Congress races overcome major barriers to par- our States and the power of the special to clarify our intent and the statutory ticipation in the political process, interests, we ignored the first and protections that all hardworking through the use of such devices as poll yielded to the power of those special Americans deserve. The Protecting taxes, intimidation by voting officials, interests. Older Workers Against Discrimination registration and language barriers, and I yield the floor. Act restores the original intent of the systematic vote dilution. f ADEA and three other Federal anti-dis- Despite the continuing evidence of crimination statutes. The bill reestab- racial discrimination in voting that ‘‘PROTECTING OLDER WORKERS lishes Congress’ intent that age dis- Congress amassed in 2006, the Supreme AGAINST DISCRIMINATION ACT’’ crimination is unlawful even if it is Court recently issued a ruling that Mr. LEAHY. Mr. President, I am only part of the reason to demote or makes it more difficult to protect all pleased to join Senators HARKIN and terminate a worker. It makes it clear Americans in exercising their sacred GRASSLEY in reintroducing the Pro- that employers cannot get away with right to vote. In Shelby County v. tecting Older Workers Against Dis- age discrimination by simply coming Holder, a narrow majority of the Su- crimination Act. This bipartisan bill up with a reason to terminate an em- preme Court held that the coverage seeks to restore crucial worker protec- ployee that sounds less controversial. formula for section 5 of the Voting tions that were cast aside by five jus- Under the bill, a worker would also be Rights Act was unconstitutional. Sec- tices of the Supreme Court in the 2009 able to introduce any relevant admis- tion 5 provides a remedy for unconsti- case Gross v. FBL Financial, Inc. The sible form of evidence to show dis- tutional discrimination in voting by bill reaffirms the contributions made crimination, whether the evidence is requiring certain jurisdictions with a by older Americans in the workforce direct or circumstantial. history of discrimination to ‘‘pre- and ensures that employees will be I commend Senator HARKIN for his ef- clear’’ all voting changes before they evaluated based on their performance forts over the past 4 years to negotiate can take effect. This remedy is both and not by arbitrary criteria such as a bipartisan bill to restore the civil necessary and important because it age. rights protections that all Americans stops the discriminatory voting prac- Congress has long worked to enact deserve in the workplace. I also thank tice before our fellow Americans’ civil rights laws to eliminate discrimi- Senator GRASSLEY, the ranking mem- rights are violated. By striking down nation in the workplace. In 1967, Con- ber of the Judiciary Committee, for his the coverage formula for section 5, the gress passed the Age Discrimination commitment to this issue. I once again Court’s ruling leaves this effective pro- and Employment Act, ADEA, extend- urge my fellow Senators to join this bi- tection unenforceable. ing protections against workplace dis- partisan effort and show their commit- Two weeks ago, I began a bipartisan crimination to older workers. We ment to ending age discrimination in conversation to restore the protections strengthened and codified these protec- the workplace. of the Voting Rights Act when I tions in the Civil Rights Act of 1991, f chaired a hearing before the Senate Ju- which passed the Senate with an over- diciary Committee. The hearing in- whelming, bipartisan vote of 93–5. VOTING RIGHTS ACT cluded meaningful testimony from These statutes established not only our Mr. LEAHY. Mr. President, nearly 50 JOHN LEWIS and JIM SENSENBRENNER. clear congressional intent, but also a years ago, Martin Luther King, Jr., Both agreed that protecting the right clear legal standard: an employer’s de- gave his historic ‘‘I Have a Dream’’ to vote from discriminatory practices cision to fire or demote an employee speech in front of hundreds of thou- is neither a Democratic issue nor a Re- may not be motivated in whole or in sands of people on the National Mall. publican issue. It is an American issue. part by the employee’s age. At the time, I was entering my last At this hearing, Republican City However, the Supreme Court’s Gross year of law school. I was inspired by Commissioner Luz Urba´ ez Weinberg of decision unilaterally erased that long- the March on Washington and knew Aventura, FL, also testified to the need standing standard. A narrow 5–4 major- that history was being made before my to restore the protections of section 5 ity threw out a jury verdict in favor of very eyes. The youngest speaker at the of the Voting Rights Act. She urged Jack Gross, a 32-year employee of a March was a compelling man by the Congress to demonstrate a ‘‘clear and major financial company, who had sued name of JOHN LEWIS. Many spoke of principled commitment to equal voting his employer under the ADEA. That their unyielding support for civil rights rights for all Americans regardless of jury concluded that age was a moti- legislation, but JOHN LEWIS demanded race, language spoken, and to also act vating factor in the company’s decision more. He demanded that the civil swiftly to restore the protections.’’ to demote Mr. Gross and to reassign a rights bill protect the right of every Moreover, she made clear that main- younger, significantly less-qualified American to vote free from discrimina- taining the Voting Rights Act ‘‘is not a worker to take his place. But the Su- tion. With his strong and forceful partisan issue. It is a nonpartisan preme Court ignored the fact finder, its voice, he proclaimed that ‘‘One man, issue. It is an issue for all Americans. own precedent, and congressional in- one vote is the African cry. It is ours Whether Republicans or Democrats, all tent to overturn the jury verdict. too. It must be ours.’’ Americans strongly believe in fair and Five justices shifted the burden from A year and a half later, JOHN LEWIS equal electoral opportunities.’’ the discriminators to the discrimi- would lead another march across the It is true that America has made a nated, deciding that workers like Mr. Edmund Pettus Bridge in Selma, AL. lot of progress since the Voting Rights Gross must now prove that age was the There, State troopers brutally beat, Act was first enacted. Nobody denies only motivating factor in a demotion bloodied, and trampled JOHN LEWIS and this. But we are far from achieving the or termination. The court’s decision re- the group of peaceful marchers he led. dream that Dr. King spoke of on that

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6104 CONGRESSIONAL RECORD — SENATE July 31, 2013 magnificent day in August of 1963. Al- collective voice, one in support of Loans must consolidate their loans though the Supreme Court struck down equal rights and treatment of all. And into a Direct Consolidation Loan to be the coverage formula in the Shelby it was this collective voice that helped eligible for the Public Service Loan County case, the Justices acknowl- lead to the passage of the Civil Rights Forgiveness program. However, there’s edged, as they must and as the Amer- Act and the Voting Rights Act. an unintended consequence at play ican people recognize, that discrimina- We have had many victories, and here. tion in voting continues to be a prob- made much progress in ensuring equal- Once a servicemember consolidates ity for all. We have elected a Black lem. As the Chief Justice rightly noted his or her preservice loans to qualify President to the White House, passed in the majority opinion, ‘‘voting dis- for the Loan Forgiveness program, the Lily Ledbetter Fair Pay Act, re- crimination still exists; no one doubts those loans no longer qualify for the 6 pealed DOMA and Don’t Ask Don’t that.’’ The question only remains how percent rate cap under the Service- Tell. We have accomplished so much, best to protect Americans against this member Civil Relief Act. This is be- but we still have so far to go. The fight discrimination. cause consolidation or refinancing of for civil rights is far from over. Racial, This is an issue on which Republicans old debt is considered a new loan under religious and gender violence continues and Democrats have always come to- the Servicemember Civil Relief Act. gether on. Every reauthorization of the in our streets and in our homes. Voters Voting Rights Act, including its initial rights have been threatened by the re- Unfortunately, this forces service- passage, has been marked by the over- cent Supreme Court decision, leaving members to choose between the 6 per- whelming support of lawmakers of both Americans vulnerable to prejudice and cent rate cap now while they are on ac- parties. In the last few weeks, I have intimidation. And so we find ourselves, tive duty and enrolling in a program heard people say that Congress is too 50 years later, fighting many of the that will forgive their loans after 10 gridlocked and will not act on voting same fights. years of service and steady payments. rights. That is wrong and it is unsup- We need to reclaim that bill of Furthermore, this quirk in the law pre- ported by our tradition of leadership on rights, and not let any court decision vents servicemembers from taking ad- this issue. As my friend Senator take it away from us. They are chop- vantage of historically low interest rates by refinancing. A lower interest GRASSLEY said at the Senate Judiciary ping away at the Voting Rights Act, Committee voting rights hearing I but let’s change the law if we have to. rate could save borrowers thousands of chaired 2 weeks ago, ‘‘Cynicism and de- Let us march for our liberties and the dollars over the life of the loan. featism have never before character- people who were there, and said ‘‘ain’t Congress’ intent was to help service- ized reauthorization of the Voting I a man’’, later calling on the words members burdened with student loan Rights Act.’’ Senator GRASSLEY is ‘‘ain’t I a woman’’. debt, and the Servicemember Civil Re- So it is important now more than right. History shows that we have reau- lief Act and the Public Service Loan ever to hold that dream of Dr. King in thorized the act time and again be- Forgiveness Programs have done that. our hearts. Let’s remember the history cause it is a nonpartisan issue. But forcing servicemembers to give up Those who forecast failure also un- that was written here 50 years ago. And the rate cap today for a chance to earn just as we marched then, we need to derestimate what a person like JOHN loan forgiveness in the future is not march today. Together we can end in- LEWIS can accomplish. I, for one, would what Congress intended, and we should justice. Together we can break down never underestimate JOHN LEWIS’s te- fix it. nacity and ability to bring people to- barriers to equality, so that all people regardless of race, faith or gender can This week I introduced the Service- gether. member Student Loan Affordability The Supreme Court’s ruling last live in a country that never promised anything less than their undeniable Act. This bill would allow preservice month was a setback to the cause of private or Federal student loan debt to equality. However, we should see it as rights to life, liberty and the pursuit of happiness. be consolidated or refinanced while re- a calling for Congress to come together taining the 6 percent rate cap. This f to meet the voting discrimination tweak to the law would allow service- which persists with a steadfast resolve. SERVICEMEMBER STUDENT LOAN members to participate in both bene- It is up to us to meet this challenge. AFFORDABILITY ACT ficial programs. My bill is supported by We must work together as a Congress— Mr. DURBIN. Mr. President, we’ve the: not as Democrats or Republicans, but made a lot of progress over the past Center for Responsible Lending, Na- as Americans—to ensure that we pro- couple weeks helping our Nation’s stu- tect against racial discrimination in tional Consumer Law Center, National dents borrow at reasonable costs for Guard Association of the United voting. We can only do that with a their higher education needs. This year strong Voting Rights Act. States, NGAUS, the Retired Enlisted alone, students are projected to borrow Association, TREA, Veterans of For- Earlier today, at the bipartisan and $21 million in federal student loans. bicameral event marking the 50th An- eign Wars VFW, and Woodstock Insti- Borrowers currently carry about $1.1 tute. niversary of the March on Washington trillion in student loan debt. in Statuary Hall, JOHN LEWIS said, ‘‘We Several Federal programs help bor- We have made substantial progress have come a great distance but we are rowers having trouble keeping up with for students in recent weeks, and more not finished yet.’’ I could not agree student loan debt. Two programs in work is ahead as we address the rising more. Let us continue to work to pro- particular are designed to recognize student loan debt. This is a small tect the fundamental right to vote for the sacrifice made by those who serve change to the law, but it will have a all Americans. our country—whether it’s in the mili- big impact on servicemembers with Ms. MIKULSKI. Mr. President, I rise tary or through public service. large student loan debt. Congress con- today to speak on an important anni- The Servicemember Civil Relief Act tinues to try to address the financial versary in our country. In just a few protects our servicemembers from in- challenges facing our nation’s middle weeks, we will commemorate the 50th terest rates above 6% on all loans—in- class, working families, and students. anniversary of the famous March on cluding student loans taken out This fix is one of many steps toward Washington. On August 28, 1963, we preservice—while they are on active that effort. marched. We marched for jobs, for jus- duty. The Public Service Loan Forgive- I urge my colleagues to consider a tice, for the economy, and for freedom. ness program encourages people to be- simple solution to help servicemem- I remember that march. I was getting come public servants by forgiving stu- bers, and I hope they will support the ready to go back to school. Baltimore dent loan debt after 10 years of public Servicemember Student Loan Afford- was a staging location, and many so- service—including military service. ability Act. cial workers helped as marchers came Under this program borrowers must en- down from New York and Pennsyl- roll in a qualifying repayment plan and f vania. These determined individuals—a make 10 years of payments while work- diverse group—all with a story and a ing in public service before the loan is TRIBUTE TO DAVID F. VITE cause, made up the nearly 250,000 peo- forgiven. ple who marched that day. It was an To be eligible, borrowers with Per- Mr. DURBIN. Mr. President, I am important testament to the power of a kins or Federal Family Education honored today to pay tribute to my

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6105 friend David Vite on his retirement charge Elimination System to be able Beyond 12 miles from shore, dis- from the Illinois Retail Merchants As- to discharge sewage, graywater, and charges of sewage, graywater, and bilge sociation, IRMA. He spent 35 years bilge water. water would be allowed, provided that with the Illinois retailers, helping busi- It also would require cruise ships to they meet national effluent limits con- nesses across the State of Illinois en- upgrade their wastewater treatment sistent with the best available tech- gage with government and better serve systems to meet the standards of to- nology. That technology works and is their communities. day’s best available technology. This commercially available now. David has a long history of service. technology significantly reduces the Under this legislation, the release of After serving in the Army, he went to pollutants that ships discharge and is raw, untreated sewage would be college in Wisconsin and graduated already being used successfully on banned. No dumping of sewage sludge from the University of Wisconsin at some cruise ships. and incinerator ash would be allowed LaCrosse. This must be where he devel- The problem is real. The number of in U.S. waters. oped his affinity for the Green Bay cruise ship passengers has been grow- All cruise ships calling on U.S. ports Packers. In all of the time David spent ing nearly twice as fast as any other would have to dispose of hazardous in Illinois, he never adopted our very mode of travel. waste in accordance with the Resource own Chicago Bears. He remains to this In the U.S. alone, cruise lines carried Conservation and Recovery Act. day a loyal Packers fan. over 10 million passengers in 2011, with The bill would establish inspection Early in his career, David became the some ships carrying 8,000 passengers or and enforcement mechanisms to ensure Executive Director of the Woodstock more. compliance. Chamber of Commerce and oversaw These ships produce massive amounts The protection of U.S. waters is vital community developments in Wood- of waste: one ship can produce over to our nation’s health and economy. stock, IL. By 1978, David had joined the 200,000 gallons, or 10 backyard swim- The oceans support the life of nearly 50 Illinois Retail Merchants Association ming pools, of sewage each week; a percent of all species on Earth. as a field representative. Within 3 million gallons of graywater from Some cruise ship companies already years, the Association had promoted kitchens, laundry, and showers; and are trying to improve their environ- him to Vice President of Government over 25,000 gallons of oily bilge water mental footprint. They also want to Affairs and not long after that, David that collects in ship bottoms. preserve the environment—it is the Vite took over as President. I have nothing against cruise vaca- natural beauty of the sea that attracts As President, David was determined tions. They can be a wonderful way to their passengers. to help resolve the challenges facing Il- visit many beautiful places. But the efforts between cruise ship linois retailers and at the same time to In fact, it is because these ships sail companies are not uniform. A federal create opportunities for them. He pro- often into these beautiful, sensitive en- standard would apply one set of re- vided training for his members to help vironments that we need to be particu- quirements to all companies. them promote sales. He created a larly careful of the pollution they re- It is time to bring the cruise ship in- school-to-work training program to lease into those waters. dustry into the 21st century. It is time help cultivate the next generation of Here is the unpleasant reality. With- to update the laws that protect our retail leaders. He led an effort to pub- in 3 miles of shore, vessels can dis- oceans and urge adoption of the best lish a manual to help merchants be- charge wastewater from toilets and available wastewater treatment tech- come more environmentally friendly. showers into the ocean provided that a nology at sea. And throughout his tenure, he was the ‘‘marine sanitation device’’ is in- Working together, we can support voice for business as Illinois policy- stalled. the industry while protecting the nat- makers addressed dilemmas in unem- However, a 2008 report released by ural treasures that are our oceans. The ployment insurance, worker’s com- the Environmental Protection Agency approach taken in the Clean Cruise pensation, and sales taxes. concluded that these systems simply Ship Act will move us toward that I can’t thank David enough for the do not work. goal. support he helped build across Illinois The devices allow ships to discharge I encourage my colleagues here in for the Marketplace Fairness Act. I am waste that consistently exceeds na- the Senate to work with me to pass proud to say that in May, the Senate tional effluent standards for fecal coli- legislation that will put a stop to the passed this bill by a vote of 69–27, help- form and other pathogens and pollut- dumping of hazardous pollutants along ing to level the playing field for retail- ants. our coasts. Together we can clean up ers in Illinois and across the country. In fact, fecal coliform levels in efflu- this major source of pollution that is With David’s help, we were able to ent are typically 20 to 200 times greater harming our waters. communicate with retailers in every than in untreated domestic waste- f corner of Illinois to better understand water. While cruise ships must obtain per- REMEMBERING DR. JOHN M. the need and urgency for tax fairness SMITH JR. legislation. mits to discharge graywater within 3 I would like to thank David for his miles of the coast, graywater should Mr. MCCONNELL. Mr. President, I leadership and many contributions not go directly into the sea. rise to pay tribute to an honored Ken- over his decades of work with commu- Graywater from sinks, tubs, and tuckian who, sadly, has been lost to us nities and business. Illinois retail has kitchens contain large amounts of after a long and fruitful life. The man been lucky to have had such a strong, pathogens and pollutants. I speak of is Dr. John M. Smith Jr. of good-willed advocate. I wish him the Fecal coliform concentrations, for Beattyville, KY. Born in Hazard, KY, in very best in his retirement. example, are 10 to 1,000 times greater 1922, he passed away on June 15 of this f than those in untreated domestic year. He was 91 years old. wastewater. Dr. Smith was revered in his commu- CLEAN CRUISE SHIP ACT OF 2013 These pollutants sicken our marine nity as a man of medicine. In the 1940s, Mr. DURBIN. Mr. President, last ecosystems, wash up onto our beaches, he was one of the first recipients of the week, I introduced the Clean Cruise and contaminate food and shellfish Rural Kentucky Medical Scholarship Ship Act to limit the dumping of that end up on our dinner plates. Fund, and graduated from the Univer- wastewater by cruise ships. Even worse, beyond 3 miles from sity of Louisville School of Medicine in Cruise ships generate millions of gal- shore there are no restrictions on sew- 1949. He has worked in Morehead, Lex- lons of wastewater every day, and cur- age or graywater discharge. Cruise ington, Woodford County, and most of rently these ships can dump their ships can actually dump raw sewage di- all in Beattyville, where he served as a waste directly into the oceans with rectly into U.S. waters. general practitioner for 38 years until minimal oversight. The Clean Cruise Ship Act seeks to the age of 90. Generations of The Clean Cruise Ship Act would re- address these practices. Beattyville-area Kentuckians knew quire these ships to obtain permits No discharges would be allowed with- and loved Dr. Smith as their primary- through EPA’s National Pollutant Dis- in 12 miles of shore. care doctor.

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6106 CONGRESSIONAL RECORD — SENATE July 31, 2013 Dr. Smith also proudly served his Church in Beattyville. Funeral services will seek to end the conflict diplomatically country in both World War II and the be Thursday, June 20th at 11 a.m. also at so long as he believes he is winning on Korean War. In 1942, he enlisted in the Saint Thomas Episcopal Church with The the battlefield, and right now, he clear- U.S. Navy and served in both the At- Reverend Bryant Kibler officiating. Burial ly has the advantage on the ground. will follow at the Lexington Cemetery, Lex- lantic and Pacific campaigns of World ington, KY. This is thanks, in critical part, to his War II. He then volunteered to serve as air power, which not only allows Asad f a medical officer at the Louisville, KY, to pound opposition military positions recruiting station during the Korean SYRIA and civilian populations—including War. Mr. MCCAIN. Mr. President, as we with chemical weapons, which nearly Dr. Smith received many accolades prepare to head out for the August re- everyone believes he has used and will and recognitions from his community, cess, I have returned to the floor today use again—but also to move his troops and will be missed by a great many be- to speak, once again, about the horrific and supplies around the battlefield in loved family members and friends, in- and worsening situation in Syria—a ways that he cannot do on the ground. cluding his wife of 54 years, Patty. conflict that, we learned this week, has Asad’s growing military advantage is Elaine and I send our thoughts and now claimed 100,000 lives. also thanks to the influx of thousands prayers to the Smith family for their I would like to take a few minutes to of Hezbollah fighters who are leading loss. And I know my colleagues in this read from a remarkable statement that offensives in key parts of the country, U.S. Senate join me in recognizing the was delivered on Monday by Mr. Paulo Iranian special forces who are training long and accomplished life of service Pinheiro, the chair of the United Na- and advising Asad’s troops and private led by Dr. John M. Smith Jr. tions Independent International Com- militias, Shia militants from Iraq and Mr. President, I ask unanimous con- mission of Inquiry on Syria. The ex- Lebanon, as well as a steady and deci- sent that the obituary for Dr. Smith cerpts I wish to read are long, but they sive flow of weapons and other assist- that appeared in the Lexington Herald- are shocking, and worth quoting in ance from Iran and Russia, which is Leader be printed in the RECORD. full. being brought into Syria with impu- There being no objection, the obit- Here is the assessment Mr. Pinheiro nity, including through overflights of uary was ordered to appear as follows: gave to the U.N., and I quote: Iraq. The consequences of this onslaught Syria is in free-fall. Relentless shelling has [From the Lexington Herald-Leader, June 18, for Syria are bad enough. The strategi- 2013] killed thousands of civilians and displaced the populations of entire towns. An untold cally vital city of Homs is expected to JOHN SMITH: OBITUARY number of men and women have disappeared fall imminently, which would be a BEATTYVILLE.—Dr. John M. Smith, Jr., 91, while passing through the ubiquitous check- major victory for Asad that would of Beattyville, KY, the son of John M. and points. Those freed from detention are living strengthen his position immeasurably. Treva Smith, was born April 9th, 1922, in with the physical and mental scars of tor- The consequences for the region, how- Hazard, KY, and passed away June 15th, 2013. ture. Hospitals have been bombarded, leaving He was a practicing physician for 61 years. ever, are arguably worse. Syria’s main the sick and wounded to languish without export today is its civilian population, He was one of the first graduates from Caney care. With the destruction of thousands of Creek College, now known as Alice Lloyd schools, a generation of children now strug- which is flooding into Turkey, Leb- College in Pippa Passes, KY. After grad- gle to obtain an education. The country has anon, and Jordan, by the hundreds of uating from the University of Kentucky, Phi become a battlefield. Its civilians are repeat- thousands. Indeed, 15 percent of Jor- Beta Kappa, in 1942, he enlisted in the United edly victims of acts of terror. dan’s population is now Syrian refu- States Navy and served as a first lieutenant gees, and the fourth largest city in the aboard the U.S.S. Weeden, serving in both Mr. Pinheiro concludes with this the Atlantic and Pacific campaigns of World powerful plea for action: country is now a Syria refugee camp. War II. That civilians should come under such sus- At the same time, Syria’s primary Upon his honorable discharge, he was se- tained unlawful attacks should shock your import today seems to be foreign ex- lected as one of the first recipients of the conscience and spur you to action. But it has tremists from all across the region and Rural Kentucky Medical Scholarship Fund, not. As the conflict drags on, you—and the indeed the world. It is well known from and entered and graduated from the Univer- world—have become accustomed to levels of estimates in published reports that as sity of Louisville School of Medicine in 1949. violence that were previously unthinkable many as several thousand people from Following his medical internship, he ex- ... all across the Middle East have moved tended his service to our country by volun- It is time for the international community into Syria to fight with Al Qaeda and teering for the Korean War, serving as a to act decisively. There are no easy choices. medical officer at the Louisville, KY, re- To evade choice, however, is to countenance other extremist groups. But, in addi- cruiting station. At the time of his discharge the continuation of this war and its many tion, the New York Times reported this on July 6th, 1951, he opened his first medical violations . . . The world must hear the cry week that Western counterterrorism practice 10 days later in Beattyville, KY. In of the people—stop the violence, put an end and intelligence officials now believe 1962, he left Beattyville temporarily to prac- to this carnage, halt the destruction of the that hundreds of Muslims from West- tice in the field of radiology working at great country of Syria! ern countries have joined the fight in Morehead Hospital, Woodford County Hos- Again, this is not my assessment; it Syria, including 140 French, 75 Span- pital, and the Lexington Clinic. In June 1974, is that of a senior United Nations lead- iards, 60 Germans, a few dozen Cana- he returned to Beattyville as a general prac- er. And I applaud Mr. Pinheiro for his titioner—his true love and passion—faith- dians and Australians, as well as fight- fully serving the patients he loved for the moral leadership on behalf of the Syr- ers from Austria, Belgium, Denmark, next 38 years until the age of 90. ian people. At the same time, I say Finland, Iceland, Italy, Norway, Swe- He was a member of the Masonic Proctor with the utmost respect that I disagree den, and the Netherlands. As many as a Lodge 213 and the Lee County Shrine Club, with Mr. Pinheiro’s counsel for what is dozen Americans are believed to be VFW Post 11296, and the Kentucky Medical required to achieve the goal we share, among them. It is difficult to conclude Association. He served as the Medical Direc- which is to create conditions that favor that Al Qaeda does not enjoy safe tor of the Lee County Constant Care and a negotiated end to the conflict in haven in Syria today, and no one Geri Young House and a member of the Lee Syria. I continue to believe that, while County Board of Health. Dr. Smith is sur- should believe that it won’t be used vived by his wife, Patty, of 54 years; sons there is not a purely military solution eventually to launch attacks against John S. (Vivian) of Beattyville, KY, Robert to the conflict in Syria, I find it dif- us. of Versailles, KY, William (Kim) of Arling- ficult to avoid the conclusion that Make no mistake, this is where we ton, VA, Sparkman, Daniel (Jo, Martha), military intervention by the United are headed. Syria is becoming a failed Giletta, and John A., all of Lexington, KY; States and our allies must be a critical state in the heart of the Middle East one brother, Luther (Rosemary), Beattyville, part of the solution we seek. Indeed it and a safe haven for Al Qaeda and its KY; two sisters, Janet (Glenn) Moore, is unrealistic to think we can arrive at allies. It is becoming a regional and Scottsburg, IN, and Joan Tilford, Falls of a diplomatic solution otherwise. sectarian conflict that threatens the Rough, KY; 17 grandchildren and 11 great- grandchildren. Let’s be absolutely clear about the national security interests of the Visitation will be Wednesday, June 19th realities in Syria today and where this United States. And it is becoming the from 6 to 8 p.m. and Thursday, June 20th conflict is headed. Asad is never going decisive battleground on which Iran from 10 to 11 a.m. at Saint Thomas Episcopal to negotiate himself out of power or and its allies are defying the United

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6107 States and our allies and prevailing in that enabled us to turn around the war of capabilities to level the playing field a test of wills, which is fundamentally in Iraq. This new study confirms what themselves. undermining America’s credibility I and many others have long argued: If we were to do all of these things— among both our friends and enemies That it is militarily feasible for the degrade Asad’s air power and ballistic throughout the region and the world. United States and our friends and al- missiles and train, equip and advise the Some may see this as an acceptable lies to significantly degrade Asad’s air opposition on a large scale—it probably outcome. I do not. power at relatively low cost, low risk would not end the conflict in Syria im- I know Americans are war weary. I to our personnel, and in very short mediately. But it could turn the tide of know the situation in Syria is complex, order—and to do so, I want to stress, battle against Asad’s forces and in and there are no easy answers. That without putting any U.S. boots on the favor of the opposition, and begin to said, all of us must ask ourselves one ground. create conditions on the ground that basic question: Are the costs, and Specifically, the ISW study reports could make a negotiated end to the risks, and potential benefits associated that Asad’s forces are only flying a conflict possible. with our current course of action bet- maximum of 100 operational strike air- We cannot afford to lose the moral ter or worse than those associated with craft at present, an estimate that ISW dimension from our foreign policy. If America becoming more involved mili- concedes is likely very generous to the ever a case should remind us of this, it tarily in Syria? I believe our current Asad regime. The real figure, they is Syria. Leon Wieseltier captured this course of action is worse, because it maintain, is more likely around 50. point powerfully in The New Republic virtually guarantees all of the bad out- What is more, these aircraft are only last month. His words are as true today comes that are unfolding before our being flown out of 6 primary airfields, as they were then, and I quote: eyes and getting worse and worse the with an additional 12 secondary air- longer this conflict grinds on. fields playing a supporting role. What The slaughter is unceasing. But the debate Now, some would have us believe this means is that the real-world mili- about American intervention is increasingly that military action of even a limited tary problem of how to significantly conducted in ‘‘realist’’ terms: the threat to nature is too cost intensive, too high American interests posed by jihadism in degrade Asad’s air power is very man- Syria, the intrigues of Iran and Hezbollah, risk, and too marginal in its potential ageable—again, as I and others have the rattling of Israel, the ruination of Jor- impact in Syria. In a letter dated July maintained. dan and Lebanon and Iraq. Those are all 19, 2013, to the chairman of the Armed ISW calculates that U.S. and allied good reasons for the president of the United Services Committee and myself, the forces could significantly degrade States to act like the president of the United Chairman of the Joint Chiefs of Staff, Asad’s air power using standoff weap- States. But wouldn’t the prevention of eth- GEN Martin Dempsey, described the re- ons that would not require one of our nic cleansing and genocidal war be reason quirements to conduct various military pilots to enter Syrian airspace or con- enough? Is the death of scores and even hun- options in Syria. He spoke of scenarios dreds of thousands, and the displacement of front one Syrian air defense system. millions, less significant for American pol- that would demand hundreds of mili- With a limited number of these preci- icy, and less quickening? The moral dimen- tary assets and thousands of special sion strikes against each of Asad’s sion must be restored to our deliberations, forces to resource military options eight primary airfields, we could crater the moral sting, or else Obama, for all his that no one is seriously considering. their runways, destroy their fuel and talk about conscience, will have presided Now, in my many years, I have seen maintenance capabilities, knock out over a terrible mutilation of American dis- a lot of military commanders overstate key command and control, and destroy course: the severance of conscience from ac- what is needed to conduct military ac- a significant portion of their aircraft tion. tion for one reason or another. But on the ground. The ISW study esti- We have had these debates before. In rarely have I seen an effort as disingen- mates that this limited intervention Bosnia, and later in Kosovo, we heard uous and exaggerated as what General could be achieved in 1 day and would many arguments against military Dempsey proposed. involve a total of 3 Navy surface ships intervention that we now hear about The option that many of us have pro- and 24 strike aircraft, each deploying a Syria. It was said that there was no posed is limited standoff strikes to de- limited number of precision-guided mu- international consensus for action, grade Asad’s air power and ballistic nitions—all fired from outside of Syria, that the situation on the ground was missile capability. But here is General without ever confronting Syrian air de- messy and confused, that it was not Dempsey’s description of what would fenses. clear who we would actually be help- be needed to conduct ‘‘limited standoff This should not come as a surprise. ing, and that our involvement could ac- strikes’’: After all, hitting static targets from a tually make matters worse. Fortu- Potential targets include high-value re- distance is what the U.S. military does nately, we had a President who led— gime air defense, air, ground, missile, and best. And hitting static targets in who explained to the American people naval forces as well as the supporting mili- Syria, without ever confronting Syrian what the stakes were in the Balkans, tary facilities and command nodes. Stand-off air defenses inside of Syrian airspace, air and missile systems could be used to and why we needed to rise to the role strike hundreds of targets at a tempo of our is something that our Israeli allies now that only America could play. Here is choosing. Force requirements would include seem to have done on several occa- how President Bill Clinton described hundreds of aircraft, ships, submarines, and sions. Surely we can too. Bosnia in 1995: There are other things we should do other enablers. Depending on duration, the There are times and places where our lead- costs would be in the billions. in conjunction with targeted strikes ership can mean the difference between This is a completely disingenuous de- against Asad’s air power. We could ex- peace and war, and where we can defend our scription of both the problem and the pand the list of targets to include fundamental values as a people and serve our solution. No one is seriously talking Asad’s ballistic missiles, as well as key most basic, strategic interests. [T]here are about striking Asad’s naval forces as regime command-and-control sites. still times when America and America alone part of a limited campaign. And no one This would be an equally minimal can and should make the difference for seriously thinks that degrading Asad’s number of targets that could be hit peace. air power would require hundreds of with the same standoff weapons. We Nearly two decades ago, I worked American military assets. The whole should also stand up a far larger train- with both my Democratic and Repub- thing is completely misleading to the and-equip operation than what pub- lican colleagues in Congress to support Congress and the American people, and lished reports suggest has been author- President Clinton as he led America to it is shameful. ized to date. What all of the Syrian op- do the right thing in stopping mass For a serious accounting of a real- position leaders have told me their atrocities in Bosnia. The question for istic limited military option in Syria, I forces need most of all is antitank another President today, and for all of would strongly recommend a new study weapons that can destroy Asad’s artil- my colleagues in this body, indeed for that is being released today by the In- lery and armor, which would remain a all Americans, is whether we will once stitute for the Study of War, or ISW, major threat even if we significantly again answer the desperate pleas for which was overseen by GEN Jack degrade Asad’s air power. We should rescue that are made uniquely to us, as Keane, the author of the surge strategy give the Syrian opposition these kinds the United States of America.

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6108 CONGRESSIONAL RECORD — SENATE July 31, 2013 REMEMBERING COLONEL GEORGE VOTE EXPLANATION It is a great pleasure to be addressing my ‘‘BUD’’ DAY friends at Stanford University this evening. Mr. CHIESA. Mr. President, due to a Stanford University has long been a distin- Mr. GRASSLEY. Mr. President, I long standing personal commitment, I guished center of learning. Under the guid- would like to take time today to honor was unable to cast votes on rollcall ance of Professor Diamond, the Center on the life of a very brave man, and an ex- vote Nos. 188 through 194. Had I been Democracy, Development, and the Rule of emplary Iowan, Col. George ‘‘Bud’’ present, I would have voted yes on No. Law, through the Journal of Democracy, has Day, who passed away over the week- 188; I would have voted no on No. 189; I made incomparable contributions to the end. would have voted no on No. 190; I would study of democracy. Since Taiwan represents a shining example of how democracy can Bud Day’s brave and memorable mili- have voted no on No. 191; I would have take root in the Chinese-speaking world, it is tary career started at the age of 17, voted no on No. 192; I would have voted only fitting to join you today for this video- when he volunteered for the Marine no on No. 193; and I would have no on conference. Corps during World War II in Sioux No. 194. II. CHANGES IN EAST ASIA City, IA. f Since I took office as President of the Re- After this period of service, Bud re- public of China in 2008, the geopolitical situ- turned home, and received a law degree REMEMBERING KAREN PAULSON ation in East Asia has undergone tremen- from the University of South Dakota. Mr. HELLER. Mr. President, I wish dous change. Five years ago, there were two to offer a tribute honoring the life and flash points: the Korean Peninsula and the His military service to this country, Taiwan Straits. Today, the Korean Penin- however, would resume. service of Karen Paulson, who passed sula is at an unprecedented level of tension: Bud Day joined the Air National away this week. Karen was a friend and North Korea has conducted a third nuclear Guard in 1950 and was called up for ac- a dedicated, hard-working member of test explosion, and in the aftermath of the tive duty a year later during the Ko- my staff for a number of years. She resulting UN sanctions continues its saber rean War. also served as an aide to several other rattling, even claiming that it has abrogated By 1955 he had become a captain with Members of Congress, including Con- the 1953 Armistice Agreement that ended Ko- rean War fighting 60 years ago. In contrast, the Air Force. gressman Jon Porter from my home State of Nevada, and House Speaker tensions in the Taiwan Straits have been With the same go-getter attitude he greatly reduced, and relations between Tai- displayed throughout his service, then JOHN BOEHNER. wan and mainland China continue to ad- Captain Day went on to command a Karen was a tremendously talented vance toward peace and prosperity. squadron of F–100s in Vietnam in 1967. administrator who cared deeply about This does not necessarily mean, however, On August 26, Bud’s plane was hit public service. She was an individual that only one potential source of instability upon whom many others relied. Karen remains in East Asia. Geopolitical competi- and took a steep dive. Upon ejection he tion in both the East China Sea and the sustained many injuries. could always be counted on for her steadfastness and initiative. She was South China Sea is growing more intense Shortly after the crash, Bud was even as the drive toward regional economic taken prisoner and tortured. an attentive problem-solver and was integration continues. In addition, three of ever eager to help make things simpler Maintaining his unflagging spirit and the major players in East Asia—mainland for her colleagues however she could. I fueled by his love for his country, Bud China, South Korea and Japan—have can personally attest to her commit- Day refused to cooperate and escaped changed leadership in the last eight months, ment to excellence in whatever role while here in Taiwan, I was elected to a sec- his captors. Surviving treacherous con- she held, and I am deeply grateful for ond term of office early last year. ditions and life-threatening situations the special years she spent as a mem- Thus, amidst the uncertainty resulting every minute, Bud spent 2 weeks trying from such changes, the Republic of China on ber of my staff. to find U.S. troops. Taiwan remains firmly committed to fos- While Karen will be dearly missed, His efforts left him exhausted and he tering peace and stability, and is a strong her service and her spirit will be long was later recaptured and returned to proponent of the liberal values cherished by remembered. I ask my colleagues to democracies worldwide. It is against this the same camp he had escaped from. join me in remembering this dedicated backdrop that I would like to discuss how He was then moved to the infamous public servant, and offer my deepest my administration has steered Taiwan ‘‘Hanoi Hilton’’ camp where torture condolences to Karen’s family and through this sea of change. was commonplace for the next 5 years loved ones during this difficult time. III. HOW CROSS-STRAIT RAPPROCHEMENT WAS of his life until his release in 1973. ACHIEVED Even after all of this, Bud Day re- f I decided to seek rapprochement with sumed his service with the U.S. Air SEA OF CHANGE mainland China long before I took office in Force, and was appointed vice com- 2008. To ensure peace in the Taiwan Straits Mr. LEE. Mr. President, on April 16, mander of the 33rd Tactical Fighter after some sixty tumultuous years, my ad- 2013 President Ma Ying-jeiou of Taiwan ministration had to meet both the chal- Wing at Eglin Air Force Base, FL. gave a speech on a videoconference lenges of establishing mutual trust between Three years after his release from the with Center on Democracy, Develop- the two sides of the Taiwan Straits and of re- Hanoi Hilton, Bud received the Medal ment and the Rule of Law at Stanford building Taiwan’s strength so that peace of Honor from President Gerald Ford University. I feel my colleagues could could be guaranteed. for not divulging information in the From the start, the ‘‘92 Consensus’’ was a benefit from reading this speech. I ask face of torture, thereby putting his critical anchoring point for Taiwan and unanimous consent to have printed in own life in imminent risk to save oth- mainland China to find common ground on the RECORD President Ma Ying-jeiou’s the otherwise intractable issue of ‘‘One ers. speech. China.’’ The consensus, reached between the He has also received numerous other There being no objection, the mate- two sides in 1992, established a common un- awards and recognitions such as the rial was ordered to be printed in the derstanding of ‘‘one China with respective Air Force Cross for extraordinary her- interpretations.’’ With this understanding as RECORD, as follows: oism in military operations against an the foundation, my administration designed opposing armed force as a POW, mak- I. OPENING REMARKS a number of modus operandi that broadly de- ing him one of America’s most deco- Professor Rice, Professor Diamond, Pro- fined how Taiwan would pursue peace and rated servicemen. fessor Fukuyama, Admiral Roughead, distin- prosperity with mainland China. These in- guished guests, faculty members and stu- cluded iteration of the ‘‘Three No’s’’—‘‘No Bud Day remained public spirited dents of Stanford University, ladies and gen- Unification, No Independence, and No Use of even after his military service, con- tlemen: Good evening! It’s your evening now, Force’’—under the framework of the ROC tinuing to advocate for veterans and but it’s our morning here in Taipei. Constitution. This formulation, grounded de other causes that were important to Before I start, I want to pay my deep con- jure in the 1947 Constitution of the Republic him. dolences to those victims suffered by the ex- of China, sets clear parameters for how both His life of service is a tremendous plosions happened at Boston Marathon on parties can work to move the relationship Monday. My prayers and thoughts are with forward in a positive direction without mis- role model for future generations and their family members. In the meantime, I understandings or hidden agenda, so as to he will be missed. also strongly condemn the violence on behalf build mutual trust and achieve mutual ben- I am proud to have been able to call of the government of the Republic of China efit for the people on either side of the Tai- Bud Day an Iowan and a friend. (Taiwan). wan Straits.

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6109 ‘‘Beating swords into ploughshares’’ re- Last August, my administration proposed an After successfully resolving the beef import quires pragmatism and the wisdom to re- East China Sea Peace Initiative urging that issue last year, the Republic of China re- main focused on what can be accomplished in negotiation take precedence over confronta- sumed trade negotiations with the U.S. spite of past differences. So we then called tion regarding the sovereignty dispute over under the 1994 Taiwan-US Trade and Invest- for ‘‘mutual non-recognition of sovereignty, the Diaoyutai Islets. The following Novem- ment Framework Agreement (TIFA). Obvi- mutual non-denial of governing authority’’ ber, Taipei and Tokyo began negotiations on ously, Taiwan needs to accelerate its pace of allowing both sides to pursue substantive ex- an East China Sea fishery agreement. Six- trade liberalization. For the good of its eco- changes without being derailed by disagree- teen rounds of such talks had been held since nomic prosperity and national security, Tai- ments over sovereignty issues. 1996 but no agreement was ever reached. This wan cannot afford to be left out of the Trans- We also spelled out clearly to the other time, both sides decided to jointly conserve Pacific Partnership (TPP) and the Regional side, as well as to the Taiwan public, how we and manage fishery resources in the Agree- Comprehensive Economic Partnership intended to proceed with the cross-strait dia- ment Area of the East China Sea, without (RCEP). logue. The priority of issues for the two sides changing their respective territorial and Culturally, American values and its high to address would be ‘‘pressing matters before maritime claims regarding the Diaoyutai Is- academic standards have attracted Chinese less pressing ones, easy matters before dif- lets. A fishery agreement was thus signed six students since Yung Wing became the first ficult ones, and economic matters before po- days ago which safeguards the security of Chinese student to study in the U.S. back in litical ones’’. My administration firmly be- fishing boats from both sides in the Agree- 1847. Generations of Chinese students who lieved in setting a clear agenda from the ment Area twice the size of Taiwan. This studied in the United States brought Amer- start, to prevent the cross-strait dialogue agreement marks a historic milestone in the ican values back to their homeland, making being bogged down by intractable issues development of Taiwan-Japan relations and tremendous contributions to China’s mod- when we could see that agreement might be sets a good example for how the concerned ernization, including the 1911 revolution. found on many others. The goal is to build parties can find ways to settle their disputes Today, the United States still remains the mutual trust which is fundamental for long- and preserve peace and stability in the re- most sought after academic destination for term progress in developing a peaceful cross- gion at the same time. Taiwan students. strait relationship. I firmly believe that this Our efforts over the past five years to en- Taiwan is grateful to the United States for ‘‘building-blocks’’ approach is the only way hance Taiwan’s participation in the inter- letting Taiwan join the Visa Waiver Program to achieve lasting peace in the Taiwan national community have also resulted in beginning in November last year. The Repub- Straits. concrete progress. The Republic of China has lic of China is the 37th nation in the world to The result of this is 18 agreements con- kept intact its diplomatic relations with its secure that status, and the only one that cluded between Taiwan and mainland China 23 allies, and has enhanced its substantive does not have formal diplomatic relations over the past five years, covering such issues relations with other countries. For instance, with the United States. The more than as direct flights, tourism, economic coopera- we signed an investment agreement with 400,000 Taiwan visitors to the U.S. each year tion, intellectual property rights, nuclear Japan in 2011, and are working to sign eco- not only take in American culture and nat- safety, and mutual judicial assistance. Let nomic cooperation agreements with Singa- ural scenery, they also shop very seriously in me just give you an example of how things pore and New Zealand respectively in the the United States and thus help reduce the stand now. Five years ago, there were no near future. Meanwhile, our health minister U.S. trade deficit with Taiwan. In a word, re- scheduled flights between Taiwan and the has attended the World Health Assembly lations between the Republic of China and mainland, now there are 616 scheduled flights (WHA) of the WHO as an official observer the United States continue to thrive and per week. Five years ago, there were 274,000 since 2009, the same year as Taiwan acceded grow since the end of formal diplomatic ties mainland people visiting Taiwan, in 2012, to the Government Procurement Agreement in 1979. there were 2.5 million people. When the (GPA) of the WTO. For five years in a row, Nevertheless, Taiwan still faces many SARS epidemic first broke out in 2003, main- former Vice President Lien Chan at my re- challenges with only limited resources at its land China completely ignored Taiwan’s quest has attended as ‘‘leader’s representa- disposal. In formulating Taiwan’s national needs and concerns. But when the H7N9 tive’’ the Leaders’ Meeting of Asian-Pacific security strategy, my administration has avian flu struck recently, public health ex- Economic Cooperation (APEC). On March 19 steered Taiwan toward a tripartite national perts from both sides began working to- this year I led an official delegation to at- security framework. The first part involves gether to check its spread. tend the investiture of Pope Francis, the institutionalization of the rapprochement Over the next three years, the two sides first time for a ROC president to meet with with mainland China so that neither side are expected to complete negotiations on a Pope in the last 71 years ever since the two would ever contemplate resorting to non- trade in services and trade in goods under countries established diplomatic ties in 1942. peaceful means to settle their differences. the 2010 Economic Cooperation Framework Taiwan’s enhanced international presence The second part involves making Taiwan a Agreement (ECFA). Both sides will also attests to a virtuous cycle of improved cross- model world citizen by upholding the prin- greatly expand the level of educational and strait relations that encourages greater ciples of a liberal democracy, championing cultural exchanges. For example, the number international support for allowing Taiwan free trade and providing foreign aid to the of students from mainland China studying in further opportunities to play its role of re- international community. The third part in- Taiwan, which currently is 17,000 a year, is sponsible stakeholder. This in turn further volves strengthening national defense capa- expected to rise and there will be more cross- enhances regional peace and stability, which bility. This national security strategy is for- strait cultural cooperation. Each side also is in the best interest of the international mulated to facilitate peaceful and positive intends to set up offices in major cities on community. development of cross-strait ties while re- the other side to take better care of the 7 V. TAIWAN-US TIES: SECURITY, ECONOMIC, AND maining grounded in pragmatic realization million people and over 160 billion US dol- CULTURAL of the challenges we face. In other words, lars’ worth of goods and services moving Taiwan and the United States share the My administration is fully aware that across the Taiwan Straits last year alone. As same values and interests in preserving re- strength is fundamental to achieving peace. a result, cross-strait relations are now the gional peace and stability. When I took office five years ago, my admin- most stable and peaceful that they have been istration worked promptly to restore high- VI. TAIWAN’S ULTIMATE VALUE: A BEACON OF in over 60 years. level trust between Taipei and Washington. DEMOCRACY IV. TAIWAN’S ENHANCED INTERNATIONAL As former Secretary of State Hillary Clinton States in a security partnership frequently PRESENCE said in 2011 in Honolulu, Hawaii, Taiwan is fear being entrapped or abandoned by their As cross-strait relations continue to de- an important security and economic partner partners. In the past, some in the United velop peacefully, Taiwan is gaining an en- of the United States. We deeply appreciate States have expressed concern that as main- hanced international presence. The clear pa- the relationship we have with the United land China rises, Taiwan might someday en- rameter articulated by my administration as States, including US arms sales to Taiwan. trap the United States in an unnecessary we began resumption of the cross-strait dia- Only with a sufficient self-defense capability conflict with mainland China. Others fear logue counter any mistaken attempt to link can Taiwan confidently engage in a dialogue that Taiwan is tilting toward mainland Taiwan’s greater international participation with mainland China. The stability engen- China, thus ‘‘abandoning’’ the United States. to an agenda of ‘‘two Chinas’’, ‘‘one China, dered by America’s enhanced presence in the Both arguments imply that the United one Taiwan’’, or ‘‘Taiwan Independence’’. Western Pacific will certainly help. States should reduce support for Taiwan. Taiwan today strives to conduct itself as a The United States is Taiwan’s third largest But neither view is warranted. My adminis- responsible stakeholder, that is, as a trading partner but remains the most impor- tration’s pursuit of rapprochement with facilitator of peace, a provider of humani- tant source of our technology. However large mainland China has clearly helped preserve tarian aid, a promoter of cultural exchanges, a trading partner mainland China is to Tai- and enhance peace in the Taiwan Straits. My a creator of new technology and business op- wan, the United States has always been an administration’s adherence to the Constitu- portunity, and the standard bearer of Chi- important trade and investment partner to tion of the Republic of China legally rules nese culture. Taiwan. The ICT (information and commu- out any possibility of a reckless change in The international community has seen re- nication technology) industries are Taiwan’s the status quo. cently how Taiwan deports itself as a respon- most important export sector and they are Taiwan has so much in common with the sible stakeholder and facilitator of peace. the largest recipient of U.S. investment. United States, from our love of democracy,

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6110 CONGRESSIONAL RECORD — SENATE July 31, 2013 to respect for human rights and the rule of establishment of five new colleges and Father Caviglia spent a lifetime de- law, to support for free trade, and even to an schools, increasing the diversity of aca- voted to serving his community and intense passion for basketball and baseball! demic programs and fields of study. serves as an example to us all. I ask my We are also crazy about Jeremy Lin and While the university continued to excel colleagues to join me in remembering Jianmin Wang! Taiwan cherishes its long- academically, the Georgia Bulldogs’ standing friendship with the United States Father Caesar Caviglia, and offer my and will always cherish the values and cul- rich tradition of athletics flourished as deepest condolences to his family and ture that the Chinese people have developed well, with 27 national championship ti- parishioners as they mourn the loss of over five thousand years. Preserving the Re- tles, 58 SEC Titles, and 125 individual this great Nevadan.∑ public of China has immense importance titles. f that goes far beyond the borders of Taiwan. It comes as no surprise Adams has re- For the first time in Chinese history, we in ceived over 50 awards in higher edu- TRIBUTE TO ALAYNA ACKERMAN Taiwan have proved that democracy can cation throughout his time with the ∑ thrive in a Chinese society. It presents shin- Mr. THUNE. Mr. President, today I university, including the Knight Foun- recognize Alayna Ackerman, an intern ing ray of hope to the 1.3 billion Chinese peo- dation Award for Presidential Leader- in my Washington, DC, office, for all of ple on the mainland. I know how much this ship, the Pioneer Award for Leadership means to the government and people of the the hard work she has done for me, my in Civil Rights, and the James T. Rog- United States, just as it does to my adminis- staff, and the State of South Dakota. ers Award, the highest honor bestowed tration and the people of Taiwan. Alayna is a graduate of St. Thomas by the Southern Association of Col- Ladies and gentlemen, my administration More High School in Rapid City, SD. leges and Schools. He has also been will steer this democracy through the sea of Currently, she is attending University change in East Asia. We will endeavor to listed as one of Georgia Trend maga- of South Dakota, where she is majoring strengthen peace and prosperity in the Tai- zine’s Most Influential Georgians for 11 in criminal justice and political wan Straits; and, in the meantime, we will years in a row. strive for an enhanced international pres- I am honored to have attended the science. She is a hard worker who has ence for Taiwan that allows it to play its University of Georgia and grateful for been dedicated to getting the most out role as a responsible stakeholder in the all that President Adams has done to of her internship experience. international community. I feel nothing but I extend my sincere thanks and ap- confidence about the future of the Republic make it the educational standard that it is today. I thank him for his service preciation to Alayna for all of the fine of China! work she has done and wish her contin- Thank you. to the University of Georgia and to our great State.∑ ued success in the years to come.∑ f f f ADDITIONAL STATEMENTS REMEMBERING REV. CAESAR TRIBUTE TO TARA AL-HAJ CAVIGLIA ∑ Mr. THUNE. Mr. President, today I TRIBUTE TO MICHAEL F. ADAMS ∑ Mr. HELLER. Mr. President, I wish recognize Tara Al-Haj, a page in the ∑ Mr. CHAMBLISS. Mr. President, to offer a tribute honoring the life and United States Senate, for all of the today I wish to pay tribute to the ca- work of Father Caesar Caviglia. Father hard work she has done for the Senate reer of Dr. Michael F. Adams, who Caviglia was a dedicated community and its staff. stepped down as president of the Uni- leader from my home State of Nevada Tara is currently attending Stevens versity of Georgia on June 30 after 16 who passed away this week. He touched High School in Rapid City, SD, where years of dedicated service to our State the lives of countless Nevadans and she will be entering her junior year university. will be long remembered for his com- this fall. She is a hard worker who has Dr. Adams became president on June passion, faith, and service to his been dedicated to getting the most out church and community. 11, 1997, and he immediately began his of this unique experience. Father Caviglia was a lifelong Ne- work to make the University of Geor- I extend my sincere thanks and ap- vadan who spent more than half a cen- preciation to Tara for all of the fine gia one of the Nation’s top public re- tury as a minister and educator. search universities. Under his leader- work she has done and wish her contin- Throughout his life, he served in var- ued success in the years to come.∑ ship, UGA has excelled tremendously ious capacities across the entire State. and student quality has risen steadily. He was born in Ely, NV in 1928, and re- f He is one of America’s best known and turned to the Silver State after being TRIBUTE TO ERIKA BACHMEIER longest serving university presidents. ordained and earning multiple degrees ∑ Mr. THUNE. Mr. President, today I Dr. Adams’ dedication to improving in philosophy, theology and education. recognize Erika Bachmeier, an intern the university’s facilities and infra- He was a committed educator who in my Aberdeen, SD, office, for all of structure is evident upon visiting the spent time teaching at Bishop Manogue the hard work she has done for me, my campus. He secured over $1 billion in Catholic High School and the Univer- staff, and the State of South Dakota. new construction programs through his sity of Nevada, Reno before moving to Erika is a graduate of Central High foundation of the UGA Real Estate the southern part of the State to serve School in Aberdeen, SD. Currently, she Foundation. The university has under- as the superintendent of Nevada State is attending the University of North gone incredible renovations and now Catholic Schools. boasts the nation’s most state-of-the- Father ‘‘C,’’ as he was known by his Dakota, where she is majoring in occu- art facilities. Adams has overseen the parishioners, spent much of his min- pational therapy. She is a hard worker construction of the East Campus Vil- istry serving as the parish priest at St. who has been dedicated to getting the lage, the Georgia Museum of Art, the Peter’s Catholic Church in Henderson, most out of her internship experience. Tate Student Center and the Richard NV. Throughout his time there, he I extend my sincere thanks and ap- B. Russell Special Collections Library. took on a variety of leadership roles preciation to Erika for all of the fine His commitment to providing students and was active in advocating for impor- work she has done and wish her contin- with the best learning environment is tant issues affecting those he served. ued success in the years to come.∑ apparent throughout the highly im- He was a member of the faculty at the f pressive and ever-improving campus. Henderson Campus of the College of Under Adams’ leadership, the Univer- Southern Nevada, where he taught so- TRIBUTE TO MADISON BLAKE sity of Georgia has achieved the high- ciology, anthropology and philosophy. ∑ Mr. THUNE. Mr. President, today I est rankings in its history, with the He played a key role in the construc- recognize Madison Blake, an intern in U.S. News and World Report ranking tion of that campus, and one of its aca- my Washington, DC, office, for all of UGA in its top 20 public research uni- demic buildings is named in his honor. the hard work she has done for me, my versities for 8 out of the past 10 years. He returned to Ely to begin his retire- staff, and the State of South Dakota. Student enrollment has grown from ment, but soon after, he resumed his Madison is a graduate of Liberty 29,000 to 35,000 students. UGA has be- role of service as the administrator at High School in Liberty, MO. Currently, come more selective and student qual- Sacred Heart Catholic Church, where she is attending the University of Mis- ity is at its best. Adams oversaw the he served until 2008. souri, where she is majoring in health

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6111 sciences. She is a hard worker who has trombone in Lincoln High School’s my Sioux Falls, SD, office, for all of been dedicated to getting the most out symphonic band, jazz band, marching the hard work he has done for me, my of her internship experience. band, and was part of the South Da- staff, and the State of South Dakota. I extend my sincere thanks and ap- kota Symphony Youth Orchestra. Samuel is a graduate of White Lake preciation to Madison for all of the fine Dearborn also participated in the con- High School in White Lake, SD. Cur- work she has done and wish her contin- cert orchestra, won first place in the rently, he is attending the University ued success in the years to come.∑ Young Musicians Concerto Competi- of South Dakota, where he is majoring f tion, and was an AP Scholar at Lincoln in political science and history. He is a High School. In the future, Skye plans TRIBUTE TO BETHANY BUELL hard worker who has been dedicated to on attending the University of Michi- getting the most out of his internship ∑ Mr. THUNE. Mr. President, today I gan in Ann Arbor where she will major experience. wish to honor Bethany Buell of the in trombone performance. I extend my sincere thanks and ap- University of South Dakota, USD, for 2013 marks the inaugural tour for the preciation to Samuel for all of the fine becoming the first NCAA Division I Na- National Youth Orchestra of the work he has done and wish him contin- tional Champion in school history. United States of America in modern ued success in the years to come.∑ Buell captured the National Champion- history. The NYO-USA is comprised of f ship by pole vaulting 14 feet, 7.25 inches 120 of the finest youth musicians from on June 7, 2013 at Hayward Field in Eu- across the United States and is con- TRIBUTE TO OWEN SHAY gene, OR. ducted each year by a different cele- ∑ Mr. THUNE. Mr. President, today I Bethany Buell has had a terrific sea- brated conductor. The conductor for recognize Owen Shay, an intern in my son for the USD Coyote’s, earning All- the 2013 orchestra is Valery Gergiev, Sioux Falls, SD, office, for all of the American honors before ultimately the principal director of the London hard work he has done for me, my capturing the D-I NCAA National Symphony Orchestra. The NYO-USA staff, and the State of South Dakota. Championship. Buell’s record-breaking performed in New York, NY, Wash- Owen is a graduate of Sunshine Bible season was almost cut short after tear- ington, DC, Moscow, St. Petersburg, Academy in Miller, SD. Currently, he ing ligaments in her shoulder after set- and London. is attending South Dakota State Uni- ting the highest national mark of 14 The National Youth Orchestra of the versity, where he is majoring in his- feet, 7.5 inches on March 29th. Buell re- United States of America performed on tory. He is a hard worker who has been turned from injury to compete on May tour July 11 through July 21 around dedicated to getting the most out of 9th at the Summit League Champion- the globe. I am honored to recognize his internship experience. ships. Buell was also named the NCAA Skye Dearborn for her accomplish- I extend my sincere thanks and ap- Division I Outdoor Field Scholar Ath- ments and contributions to this pres- preciation to Owen for all of the fine lete of the Year by the U.S. Track and tigious group of young people.∑ work he has done and wish him contin- Field/Cross Country Coaches Associa- f ued success in the years to come.∑ tion. Bethany Buell is a redshirt junior TRIBUTE TO JENNA HEADRICK f from Rockwood Summit High School, ∑ Mr. THUNE. Mr. President, today I SIOUX FALLS ORPHEUM THEATER in St. Louis, MO. Bethany, the daugh- recognize Jenna Headrick, an intern in ∑ Mr. THUNE. Mr. President, today I ter of Bill and Kerry Buell, is currently my Washington, DC, office, for all of wish to recognize the Sioux Falls majoring in psychology with a minor the hard work she has done for me, my Orpheum Theater Center’s 100th Anni- in anthropology. Buell’s career at USD staff, and the State of South Dakota. versary. Opening their doors in 1913, has been record-breaking; as a true Jenna is a graduate of Brandon Val- The Orpheum Theater Center was built freshman, Bethany won the pole vault ley High School in Brandon, SD. Cur- to serve the City of Sioux Falls as a at the GWC Indoor Championships and rently, she is attending the University venue for theatrical presentations. broke the school record in the event of Minnesota—Twin Cities, where she Over the past 100 years, the Orpheum twice. In 2011, Buell became the first is majoring in political science and so- Theater has grown to become a cher- USD Coyote to qualify for the NCAA D- ciology. She is a hard worker who has ished location for South Dakotans to I National Championships, where she been dedicated to getting the most out enjoy quality entertainment. would finish 13th and earn 2nd team of her internship experience. The Orpheum Theater was built for All-America honors. In 2012, Bethany I extend my sincere thanks and ap- the Solari Brothers and opened on Oc- continued her ascent as one of the Na- preciation to Jenna for all of the fine tion’s top pole vaulters becoming the tober 3, 1913, as a vaudeville house and work she has done and wish her contin- seated 1,000 audience members. Tickets first Coyote to earn All-American ∑ ued success in the years to come. for the opening night were sold for $5 First-Team honors. She later finished f 3rd at the NCAA D-I National Cham- each and acts included features such as pionships. TRIBUTE TO MATTHEW REEVES ‘‘An Evening in Honolulu,’’ two dif- As a graduate of the University of ∑ Mr. THUNE. Mr. President, today I ferent comedy acts, and the Orpheum South Dakota, I am honored to recog- recognize Matthew Reeves, an intern in Concert Orchestra. nize Bethany Buell for her outstanding my Washington, DC, office, for all of In 1919, the theater was sold to a accomplishments and contributions to the hard work he has done for me, my major theater management firm. It re- the University of South Dakota and to staff, and the State of South Dakota. mained as a vaudeville house until 1927, the State of South Dakota. Congratu- Matthew is a graduate of Sioux Falls when it was sold and became a second lations to Bethany, and to the Coyote Christian in Sioux Falls, SD. Cur- run and B movie theater. It was not Track and Field Team for a great sea- rently, he is attending the University until the Sioux Empire Community son. Go Yotes!∑ of Arkansas, where he is majoring in Playhouse purchased the building in 1954 that it was restored to its original f international relations and political science. He is a hard worker who has theater space. TRIBUTE TO SKYE DEARBORN been dedicated to getting the most out The City of Sioux Falls purchased ∑ Mr. THUNE. Mr. President, today I of his internship experience. the Orpheum and neighboring buildings wish to honor Skye Dearborn of Sioux I extend my sincere thanks and ap- in 2002 and has since named the entire Falls Lincoln High School for being preciation to Matthew for all of the facility The Orpheum Theater Center. South Dakota’s first representative in fine work he has done and wish him The Orpheum Theater Center has the National Youth Orchestra of the continued success in the years to provided quality entertainment to United States of America. Dearborn come.∑ many generations of South Dakotans. played the trombone for the inaugural f It attracts over 100,000 visitors each Carnegie Hall National Youth Orches- year with events that include plays, tra. TRIBUTE TO SAMUEL REULAND concerts, community events, and pri- Before Dearborn performed in the Na- ∑ Mr. THUNE. Mr. President, today I vate events. Known for its superb tional Youth Orchestra she played recognize Samuel Reuland, an intern in acoustics, it is the oldest theater in

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6112 CONGRESSIONAL RECORD — SENATE July 31, 2013 Sioux Falls. In 1983, the Orpheum The- ber on the part of the House of Rep- PETITIONS AND MEMORIALS ater was added to the National Reg- resentatives to the Board of Trustees The following petitions and memo- ister of Historic Places. of the Open World Leadership Center: rials were laid before the Senate and I am honored to congratulate the Mr. MORAN of Virginia. were referred or ordered to lie on the Sioux Falls Orpheum Theater Center The message further announced that table as indicated: on their 100th Anniversary and wish pursuant to section 491 of the Higher POM–90. A joint resolution adopted by the them another 100 years of success.∑ Education Act (20 U.S.C. 1098(c)), and Legislature of the State of Utah urging the f the order of the House of January 3, United States Congress to pass S. 336 and 2013, and upon the recommendation of H.R. 684, the Marketplace Fairness Act; to TRIBUTE TO ADAM TIMMERMAN the Minority Leader, the Speaker ap- the Committee on Finance. ∑ Mr. THUNE. Mr. President, today I points the following individual on the HOUSE JOINT RESOLUTION NO. 4 recognize Adam Timmerman, an intern part of the House of Representatives to Whereas, the Supreme Court of the United in my Washington, DC, office, for all of the Advisory Committee on Student States held in Quill v. North Dakota, 504 U.S. the hard work he has done for me, my Financial Assistance for a term of 4 298 (1992) that the ‘‘dormant’’ or ‘‘negative’’ staff, and the State of South Dakota. years: Mr. Fred Hurst of Flagstaff, Ari- Commerce Clause of the Constitution of the United States prohibits a state from requir- Adam is a graduate of Sioux Falls zona. The message also announced that ing a retailer to collect and remit sales tax Lincoln High School in Sioux Falls, on sales to consumers in the state unless the SD. Currently, he is attending Univer- pursuant to 22 U.S.C. 2903, and the retailer has physical presence in the state; sity of Kansas, where he is majoring in order of the House of January 3, 2013, Whereas, the Supreme Court further held environmental studies. He is a hard the Speaker appoints the following ‘‘that the underlying issue is not only one worker who has been dedicated to get- Member on the part of the House of that Congress may be better qualified to re- ting the most out of his internship ex- Representatives to the Japan-United solve, but also one that Congress has the ul- States Friendship Commission: Mr. timate power to resolve’’; perience. Whereas, the sales tax, as applied to con- MCDERMOTT of Washington. I extend my sincere thanks and ap- sumer purchases, can be a transparent tax preciation to Adam for all of the fine The message further announced that levied by state and local governments; work he has done and wish him contin- pursuant to 22 U.S.C. 6913, and the Whereas, the sales tax is, from the indi- ued success in the years to come.∑ order of the House of January 3, 2013, vidual consumer’s perspective, one of the the Speaker appoints the following simplest taxes imposed by state and local f Members on the part of the House of governments; MESSAGES FROM THE PRESIDENT Representatives to the Congressional- Whereas, a complex aspect of sales tax- Executive Commission on the People’s ation, from the individual consumer’s per- Messages from the President of the spective, is the requirement to pay ‘‘use’’ tax Republic of China: Ms. KAPTUR of Ohio, United States were communicated to directly to the state or locality when sales the Senate by Mr. Pate, one of his sec- and Mr. HONDA of California. tax is not collected by the retailer; retaries. f Whereas, the electronic commerce indus- try needs to be left free from government in- f ENROLLED BILL SIGNED terference, and any argument in favor of tax- EXECUTIVE MESSAGES REFERRED The President pro tempore (Mr. ing sales on the Internet is problematic in LEAHY) reported that he had signed the light of constitutional provisions regarding As in executive session the Presiding following enrolled bill, which was pre- interstate commerce and interstate com- Officer laid before the Senate messages viously signed by the Speaker of the pacts; Whereas, because there are over 9,600 state from the President of the United House: States submitting sundry nominations and local taxing jurisdictions in the United H.R. 1092. An act to designate the air route States, each with unique and changing defi- which were referred to the appropriate traffic control center located in Nashua, New nitions, rules, and holidays, the sales tax is, committees. Hampshire, as the ‘‘Patricia Clark Boston from a remote seller’s perspective, one of the (The messages received today are Air Route Traffic Control Center’’. most complex and costly taxes imposed by printed at the end of the Senate pro- f state and local governments; ceedings.) Whereas, consumption taxes can be used to MEASURES REFERRED achieve competitiveness; f The following bills were read the first Whereas, the sales tax has been a stable MESSAGE FROM THE HOUSE and the second times by unanimous source of state and local revenue and pro- vides some level of certainty for states and At 4:30 p.m., a message from the consent, and referred as indicated: localities; House of Representatives, delivered by H.R. 1300. An act to amend the Fish and Whereas, some proposed federal legislation Mr. Novotny, one of its reading clerks, Wildlife Act of 1956 to reauthorize the volun- authorizing states to require all retailers announced that the House has passed teer programs and community partnerships whose sales to consumers in those states ex- the following bills, in which it requests for the benefit of national wildlife refuges, ceed a minimum threshold to collect sales and for other purposes; to the Committee on the concurrence of the Senate: taxes has garnered support from some busi- Environment and Public Works. nesses and organizations; H.R. 1300. An act to amend the Fish and H.R. 2094. An act to amend the Public Whereas, despite the progress states have Wildlife Act of 1956 to reauthorize the volun- Health Service Act to increase the pref- made in simplifying state sales tax collec- teer programs and community partnerships erence given, in awarding certain asthma-re- tion for remote sellers, there remain some for the benefit of national wildlife refuges, lated grants, to certain States (those allow- inequities between the burden of tax collec- and for other purposes. ing trained school personnel to administer tion obligations imposed upon sellers with H.R. 2094. An act to amend the Public epinephrine and meeting other related re- physical presence and the burdens those Health Service Act to increase the pref- quirements); to the Committee on Health, same obligations would impose on remote erence given, in awarding certain asthma-re- Education, Labor, and Pensions. sellers serving consumers in multiple states lated grants, to certain States (those allow- H.R. 2754. An act to amend the Hobby Pro- without physical presence; ing trained school personnel to administer tection Act to make unlawful the provision Whereas, any federal legislation should be epinephrine and meeting other related re- of assistance or support in violation of that fair to both in-state and remote sellers, quirements). Act, and for other purposes; to the Com- whether such legislation requires sales and H.R. 2754. An act to amend the Hobby Pro- mittee on Commerce, Science, and Transpor- use taxes to be collected on a point-of-sale or tection Act to make unlawful the provision tation. point-of-delivery basis; and of assistance or support in violation of that f Whereas, the state of Utah has adopted or Act, and for other purposes. supports, and Congress is considering, the The message also announced that MEASURES PLACED ON THE following items in federal legislation: pursuant to section 313 of the Legisla- CALENDAR 1. State-provided or state-certified tax col- tive Branch Appropriations Act, 2001 (2 lection and remittance software that is sim- The following bill was read the sec- ple to implement and maintain, and paid for U.S.C. 1151), as amended by section 1601 ond time, and placed on the calendar: by states; of Public Law 111–68, and the order of S. 1392. A bill to promote energy savings in 2. Immunity from civil lawsuits for retail- the House of January 3, 2013, the residential buildings and industry, and for ers utilizing state-provided or state-certified Speaker appoints the following Mem- other purposes. software in tax collection and remittance;

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6113 3. Tax audit accountability to a single year to collect their state’s sales and use tax Resolved, That the House of Representa- state tax audit authority; on sales to customers; and tives of the state of Utah strongly urges the 4. Elimination of interstate tax complexity Whereas, the Marketplace Fairness Act United States Congress to enact legislation by streamlining taxable good categories; identifies minimum simplification require- to repeal the health insurance tax, sections 5. Adoption of a meaningful small business ments a state must enact before it can re- 9010 and 10905 of the Patient Protection and exception so that small, remote seller busi- quire remote sellers to collect its sales and Affordable Care Act, and section 1406 of the nesses are not adversely affected; and use taxes, making it easier for the remote Health Care and Education Reconciliation 6. Fair compensation to the tax-collecting sellers to comply with the laws of multiple Act, to make health care more affordable for retailer, taking into account such elements states: Now, therefore, be it working families, individuals, and busi- as the exchange fees retailers are charged for Resolved, That the Legislature of the state nesses; and be it further consumer credit card transactions, which of Utah urges Congress to enact S. 336 and Resolved, That a copy of this resolution be fees apply equally to any state taxes col- H.R. 684 to authorize states, consistent with sent to the President of the United States, lected on the purchase of goods sold as well this resolution and principles of taxation es- the Majority Leader of the United States as the actual purchase amount; poused by national associations of legisla- Senate, the Speaker of the United States Whereas, the Marketplace Fairness Act, tors and governors, and subject to the enact- House of Representatives, and the members currently introduced in the United States ment of any necessary state laws, to estab- of Utah’s congressional delegation. Senate as S. 336 and the United States House lish true fairness in state tax collection for of Representatives as H.R. 684, helps level both retailers having physical presence in a POM–92. A resolution adopted by the House the playing field between remote sellers and state and retailers who are remote sellers; of Representatives of the Legislature of the main street sellers by requiring larger re- and be it further State of Kansas recognizing the many con- mote sales to collect the same sales and use Resolved, That the Legislature of the state tributions made by the citizens of the Repub- taxes that the brick and mortar stores in of Utah, having addressed the principles of lic of Azerbaijan; to the Committee on For- Utah already collect; fairness outlined in this resolution, urges eign Relations. Whereas, in Quill Corp. v. North Dakota Congress to require all retailers whose sales HOUSE RESOLUTION NO. 6022 (1992), the Supreme Court of the United to consumers exceed a minimum threshold Whereas, The Republic of Azerbaijan and States indicated that Congress has the abil- to collect and remit applicable sales taxes on the United States of America are long-stand- ity to resolve this sales tax collection in- sales in the state; and be it further ing allies, both dearly cherishing the uni- equity between remote sellers and brick and Resolved, That a copy of this resolution be versal values of freedom, democracy and mortar sellers; sent to the members of the United States human rights; and Whereas, the Marketplace Fairness Act House of Representatives and to the mem- Whereas, The State of Kansas and the Re- will provide states with the authority to re- bers of the United States Senate. public of Azerbaijan enjoy a strong, vibrant quire remote sellers to collect and remit the and mutually beneficial economic relation- sales tax due if the state is willing to make POM–91. A resolution adopted by the House ship with the prospect of further growth; and significant simplifications for sellers; of Representatives of the State of Utah urg- Whereas, It is the custom of the State of Whereas, Utah has already shown the way ing the United States Congress to repeal por- Kansas to welcome all who come to our by adopting all the simplifications and uni- tions of the Patient Protection and Afford- state, especially those who come in the in- formity standards required in the Stream- able Care Act and the Health Care and Edu- terest of friendship and commerce; and lined Sales and Use Tax Agreement; cation Reconciliation Act; to the Committee Whereas, It is the policy of the Kansas Whereas, these simplifications, along with on Finance. House of Representatives to recognize the the ease of reporting through recent techno- HOUSE RESOLUTION contributions of our allies and the value of logical advances, have removed the obstacles Whereas, sections 9010 and 10905 of the Pa- maintaining beneficial relationships with to remote sellers collecting sales taxes just tient Protection and Affordable Care Act, the allies of the United States of America, like any other retailer; and section 1406 of the Health Care and Edu- including the contributions made by the Re- Whereas, this is evidenced by the fact that cation Reconciliation Act, impose an unprec- public of Azerbaijan and the value of our over 1,800 sellers have voluntarily registered edented new tax on health insurance that positive relationship with this ally: Now, to collect the taxes in the states, including numerous policy experts agree will be passed therefore, be it Utah, that have conformed their laws to the on to individuals, working families, small Resolved by the House of Representatives of requirements of the Streamlined Sales and employers, and senior citizens, contradicting the State of Kansas: That we recognize the Use Tax Agreement; a primary goal of health reform by making many contributions made by the citizens of Whereas, there is an urgent need to pass care more expensive; the Republic of Azerbaijan and that it is in this long overdue legislation to level the Whereas, the health insurance tax will the best interest of the State of Kansas to playing field for all retailers; cause premiums on the individual market to promote relationships with Azerbaijan. Whereas, the legislation is about fairness, rise an average of $2,150 for individuals and simplification, and stemming the erosion of $5,080 for families nationally over 10 years POM–93. A resolution adopted by the Sen- state sales tax systems; and will increase premiums for families over ate of the Commonwealth of Pennsylvania Whereas, that both houses of Congress $4,305 over 10 years; supporting those peaceful political actions have agreed on the approach and legislative Whereas, the health insurance tax will im- that will result in the final reunification of language indicates there is a readiness to pact small employers over the next 10 years, Ireland; to the Committee on Foreign Rela- take this important step to safeguard state reducing private sector jobs by 125,000; tions. sales tax systems; Whereas, 59% of these lost jobs will come Whereas, although purchasers still owe a from small businesses; SENATE RESOLUTION NO. 53 corresponding use tax on taxable purchases Whereas, potential sales will be reduced by Whereas, Ireland and its people comprise from remote retailers, most individuals are at least $18 billion, 50% of which will come an ancient and distinct island nation, and either not aware of this requirement or from small businesses; the people of Ireland have a right and the re- choose to ignore it; Whereas, in the state of Utah, premiums sponsibility to govern themselves; and Whereas, while the Internet was essen- for small employers will increase by an aver- Whereas, Human and civil rights derive tially unknown to consumers in 1992, the age of $2,173 per employer over 10 years and ‘‘their just powers from the consent of the loophole identified in the Quill Corp. v. premiums for large employers will increase governed’’ and are best guaranteed by people North Dakota decision points out the com- by an average of $2,400 over 10 years; freely elected by democratic means to an petitive advantage online and mail order Whereas, the health insurance tax will im- independent government; and merchants have over traditional brick and pact Medicare Advantage beneficiaries in the Whereas, The logic of history, inter- mortar stores that are required to collect state of Utah by costing an average of $2,926 national law, human rights and peaceful po- and remit sales tax from their customers; in additional premiums and reduced benefits litical actions dictate the reunification of and over 10 years; the island of Ireland, and the reality of the Whereas, no compelling reason exists for Whereas, the health insurance tax will im- moment in the Peace Process, the Good Fri- government to continue to give remote sales pact Medicaid beneficiaries in the state of day Agreement, the Desolved Assembly and retailers a competitive advantage over in- Utah enrolled in a coordinated care program the development of the All-Ireland institu- state merchants who live and work in a com- by costing an average of $1,506 over 10 years, tions of governance attest to this momen- munity, hire employees, and pay taxes; putting pressure on already strained state tum; and Whereas, the United States Congress budgets, decreasing benefits, and potentially Whereas, In the past, the General Assem- should act now so businesses compete on the creating coverage disruption; and bly adopted the MacBride Principles for basis of price and service, not on the ability Whereas, higher premiums are a disincen- Northern Ireland and strongly endorsed pas- of one form or retailer to avoid collecting tive for everyone to obtain insurance cov- sage of the Good Friday Agreement among taxes; erage, particularly younger, healthier people the parties, in part because of the dedication Whereas, the Marketplace Fairness Act who are likely to drop their policy if it be- and bipartisan support of three separate would give states the authority to require comes too expensive, further eroding the risk presidents of the United States, in seeing the remote sellers with more than $1 million in pool and making coverage less affordable: Good Friday Agreement to fruition and for- total remote sales in the preceding calendar Now, therefore, be it mation of the Assembly; and

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6114 CONGRESSIONAL RECORD — SENATE July 31, 2013 Whereas, The contributions of the Irish nian Genocide is tested to this day with Whereas, the United States and Taiwan, born and Irish Americans to the United some of these speakers of truth being si- and especially the Commonwealth, share a States of America and this Commonwealth lenced by violent means; and historically close relationship marked by are legion; and Whereas, The accelerated level and scope strong bilateral trade, educational and cul- Whereas, The Commonwealth of Pennsyl- of denial and revisionism, coupled with the tural exchange, scientific and technological vania is home to a significant percentage of passage of time and the fact that very few interests and tourism; and Americans whose ancestors migrated in survivors remain who can serve as reminders Whereas, Taiwan is a member of the times of famine and war to seek a better life, of indescribable brutality and tormented United States Visa Waiver Program, reflect- but in whose hearts still desire peace and lives, compel a sense of urgency in efforts to ing the cooperation shared between the 2 unification for their ancestral home: Now, solidify recognition of historical truth; and countries and making travel between Taiwan therefore, be it Whereas, By consistently remembering and and the United States for business and tour- Resolved, That the Senate of Pennsylvania forcefully condemning the atrocities com- ism more convenient; and strongly support a United Ireland by sup- mitted against the Armenians, and honoring Whereas, the United States ranks as Tai- porting those peaceful political actions that the survivors as well as other victims of wan’s third largest trading partner and Tai- will result in the final reunification of Ire- similar heinous conduct, we guard against wan was the eleventh largest trading partner land; and be it further repetition of such acts of genocide and pro- of the United States In 2012; and Resolved, That a copy of this resolution be vide the American public with a greater un- Whereas, bilateral trade in goods and serv- forwarded to the President and Vice Presi- derstanding of its heritage; and ices between the United States and Taiwan dent of the United States; the United States Whereas, This measure would provide that reached $85 billion in 2011 and the New Eng- Secretary of State; all members of the Penn- the Legislature deplores the persistent, on- land region exported approximately $1.4 bil- sylvania Congressional Delegation; the Gov- going efforts by any person in this country lion in goods to Taiwan, of which, $956 mil- ernor of Pennsylvania; and the Taoiseach or abroad to deny the historical fact of the lion was exported from the Commonwealth; and President of Ireland; and be it further Armenian Genocide; and and Resolved, That a copy of this resolution be Whereas, California is home to the largest Whereas, Taiwan is the seventeenth largest forwarded to the United States Ambassador Armenian-American population in the trading economy in the world and a member to Ireland, who shall be urged to transmit a United States, and Armenians living in Cali- of the Asia-Pacific Economic Cooperation, or copy to the United States Ambassador to fornia have enriched our state through their Apec Forum, which promotes free trade and Great Britain and to Great Britain’s Ambas- leadership in business, agriculture, aca- economic cooperation throughout the Asia- sador to the United States. demia, government, and the arts; and Pacific region: Now therefore, be it Whereas, The State of California has been Resolved, That the Massachusetts General POM–94. A joint resolution adopted by the at the forefront of encouraging and pro- Court seeks to reaffirm the friendship be- Legislature of the State of California memo- moting a curriculum relating to human tween the Commonwealth of Massachusetts rializing the Congress and the President of rights and genocide in order to empower fu- and Taiwan; and be it further the United States to observe the California ture generations to prevent recurrence of the Resolved, That a copy of these resolutions Week of Remembrance for the Armenian crime of genocide: Now, therefore, be it be transmitted forthwith by the clerk of the Genocide by participating in the Armenian Resolved by the Assembly and the Senate of Senate to the Honorable Barack Obama, Genocide Commemorative Project; to the the State of California, jointly, That the State President of the United States, to the Massa- Committee on Foreign Relations. of California commends its conscientious chusetts Delegation of the United States ASSEMBLY JOINT RESOLUTION NO. 2 educators who teach about human rights and Congress, to the Honorable Deval Patrick, genocide; and be it further Governor of the Commonwealth, to the Hon- Whereas, The Armenian Genocide of 1915– Resolved, That the Legislature of the State orable Ma Yingjeou, President of Taiwan and 1923 was the first genocide of the 20th cen- of California hereby designates the week of to Anne Hung, Director-General of the Tai- tury, in which 1.5 million men, women, and April 18 to 24, 2013, as ‘‘California Week of pei Economic and Cultural Office in Boston. children lost their lives at the hands of the Remembrance for the Armenian Genocide of Turkish Ottoman Empire in their attempt to 1915–1923’’; and be it further POM–96. A resolution adopted by the Sen- systematically eliminate the Armenian race; Resolved, That California commemorates ate of the State of Michigan urging careful and California Week of Remembrance for the Ar- review of the proposed underground nuclear Whereas, In their 3,000 year historic home- menian Genocide through the Armenian waste repository in Ontario, Canada, and me- land in Asia Minor, Armenians were sub- Genocide Commemorative Project; and be it morializing the United States Congress to do jected to severe and unjust persecution and further all it can to see that Michigan’s concerns are brutality by the Turkish rulers of the Otto- Resolved, That the State of California re- fully addressed; to the Committee on For- man Empire before and after the turn of the spectfully calls upon the Congress and the eign Relations. 20th century, including widespread acts of President of the United States to act like- destruction and murder during the period SENATE RESOLUTION NO. 58 wise and to formally and consistently recog- from 1894 to 1896, inclusive, and again in 1909; Whereas, Ontario Power Generation is pro- nize and reaffirm the historical truth that and posing to construct an underground, long- the atrocities committed against the Arme- Whereas, The massacre of the Armenians term burial facility for all of Ontario’s low- nian people constituted genocide; and be it constituted one of the most atrocious viola- and intermediate-level radioactive waste at further tions of human rights in the history of the the Bruce Nuclear Generating Station, some Resolved, That the Legislature calls upon world; and of which is long-lived intermediate waste. the Republic of Turkey to acknowledge the Whereas, Adolph Hitler, in persuading his This site, less than a mile inland from the facts of the Armenian Genocide and to work army commanders that the merciless perse- shore of Lake Huron and about 440 yards toward a just resolution; and be it further cution and killing of Jews, Poles, and other below the lake level, is approximately 120 Resolved, That the Chief Clerk of the As- people would bring no retribution, declared, miles upstream from the main drinking sembly transmit copies of this resolution to ‘‘Who, after all, speaks today of the annihila- water intakes for Southeast Michigan; and the President and Vice President of the tion of the Armenians?’’; and Whereas, Lake Huron and the other Great United States, Members of the United States Whereas, Unlike other people and govern- Lakes are critically-important resources to Congress, the Governor, and the Turkish ments that have admitted and denounced the both the United States and Canada. The Ambassador to the United States. abuses and crimes of predecessor regimes, Great Lakes contain 95 percent of North and despite the overwhelming proof of geno- America’s surface fresh water and provide POM–95. A resolution adopted by the Sen- cidal intent, the Republic of Turkey has drinking water to tens of millions of people. ate of the Commonwealth of Massachusetts inexplicably and adamantly denied the oc- Pristine water is important to fishing, boat- reaffirming the friendship between the Com- currence of the crimes against humanity ing, recreation, tourism, and agriculture in monwealth of Massachusetts and Taiwan; to committed by the Ottoman and Young Turk Michigan and throughout the region. Agri- the Committee on Foreign Relations. rulers, and those denials compound the grief culture, commercial and sport fisheries, of the few remaining survivors of the atroc- RESOLUTIONS shipping, recreation, and tourism are impor- ities, desecrate the memory of the victims, Whereas, the United States and Taiwan tant components of the Great Lakes econ- and cause continuing pain to the descend- share a most important relationship sup- omy. This proposal to place a permanent nu- ants of the victims; and ported by the 2 countries’ common values clear waste burial facility so close to the Whereas, Leaders of nations with strategic, and support for freedom, democracy and a Great Lakes raises serious concerns; and commercial, and cultural ties to the Repub- commitment to a free market economy; and Whereas, As part of an effort to protect lic of Turkey should be reminded of their Whereas, the President of Taiwan, Ma water quality, Michigan’s siting criteria for duty to encourage Turkish officials to cease Ying-Jeou, has worked tirelessly to uphold the disposal of low-level radioactive waste efforts to distort facts and deny the history democratic principles in Taiwan, ensure the prohibits any site located within ten miles of of events surrounding the Armenian Geno- prosperity of Taiwan’s 23 million people, pro- Lake Michigan, Lake Superior, Lake Huron, cide; and mote Taiwan’s international standing and Lake Erie, the Saint Mary’s River, the De- Whereas, The determination of those who further improve relations between the troit River, the St. Clair River, or Lake St. continue to speak the truth about the Arme- United States and Taiwan; and Clair. It also excludes sites located within a

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6115 500-year floodplain, located over a sole tryside with an aerial herbicide that would Whereas, that same month, South Viet- source aquifer, or located where the strip the jungles of all foliage and eliminate namese forces suffered heavy losses in a bat- hydrogeology beneath the site discharges the cover and available food for the North tle that both sides viewed as a watershed, groundwater to the land surface within 3,000 Vietnamese; and American leaders responded by devel- feet of the boundaries of the site. We encour- Whereas, this action, named Operation oping plans for U.S. troops to move from a age Canada to consider similar siting cri- Ranch Hand, began in 1962; defensive strategy to an offensive approach teria; and Whereas, arguments in Washington erupt- to the escalating war; Whereas, International agreements be- ed on whether the spraying actually did any Whereas, the bombing campaigns that tween the United States and Canada state good, or whether the Americans and the began in 1964, which were intended to force that radiological contamination should be South Vietnamese governments were risking North Vietnam to cease its support for the reduced and emphasize the concept of pre- the loyalty of the South Vietnamese people National Front for the Liberation of South vention. We encourage Canada, as part of its whose livelihoods were also at risk; Vietnam, escalated significantly by the end public review process, to make known the Whereas, President Kennedy allowed the of 1966; steps that have been or will be taken to ful- spraying, but only under limited conditions Whereas, where ground combat was some- fill the requirements of these agreements; and as long as crops were not damaged; times made complicated by unconventional Whereas, the planes that dropped the her- and military opposition and difficult terrain, bicide were modified to carry and spray the Whereas, Siting an underground nuclear U.S. air superiority remained constant, and defoliants to only attack areas of the jungle waste repository in limestone, as proposed throughout the Vietnam War, various poli- where combatants could hide, but by 1971 the by Ontario Power Generation, is the first of cies and strategies were put in place by the policy had changed and even crops were its kind. The environmental impact state- U.S. military to take advantage of that sprayed; ment for this proposed nuclear waste burial Whereas, the operation continued for nine strength; Whereas, over the course of the conflict, facility noted that the acceptability of an al- years and affected 36% of the mangrove for- U.S. forces dropped over 7 million tons of ternative site was ‘‘unknown.’’ We encourage est and 20% of the jungles of South Vietnam; the use of sound scientific principles and Whereas, this operation began the con- bombs through Southeast Asia, compared to analyses in determining whether this geo- troversy over the effects of the defoliant only about 2 million tons dropped during all logic formation is appropriate for the safe Agent Orange on humans, which continues of World War II; long-term storage of radioactive waste and today; Whereas, geared towards suppressing the that before making any further approvals of Whereas, in August 1964, two U.S. destroy- Pathet Lao’s Communist guerrillas in North- this proposed facility, this scientific data, ers, the USS Turner Joy and the USS Mad- ern Laos, Operation Barrel Roll, a heavily along with information regarding the alter- dox, were performing surveillance patrols in covert operation, was initiated to provide air native sites that were considered, be made conjunction with the South Vietnamese support for the Royal Laotian Army, and in- available; and Navy along the North Vietnamese coast in cluded the first bombings in Laos in support Whereas, Given the proximity and poten- the Gulf of Tonkin; of the war against North Vietnam; tial impact to many Michigan residents, we Whereas, North Vietnam claimed a 12-mile Whereas, another interdiction effort, Oper- urge Canadian and Ontario officials, along territorial zone off its coastline, but the ation Steel Tiger, was aimed at destroying with all relevant governmental agencies, to United States only recognized a 3-mile bor- the North Vietnamese flow of supplies and ensure open communication and information der and allowed its ships to sail within 11 troops along the Ho Chi Minh Trail and in- sharing with Michigan citizens about this miles of the coast; volved heavy covert bombing in South- proposal and to possibly consider extending Whereas, when ships would come into eastern Laos; the public comment period: Now, therefore, range, the North Vietnamese radar sites on Whereas, Operation Tiger Hound, initiated be it shore would activate and the South Viet- in support of both Barrel Roll and Steel Resolved by the Senate, That we urge Cana- namese Navy would then harass the installa- Tiger, focused solely on disrupting move- dian officials to thoroughly review the pro- tions with gunfire; ment along the Ho Chi Minh Trail on the posed underground nuclear waste repository Whereas, in retaliation, the North Viet- lower portion of the Laotian panhandle and in Ontario, Canada, including the issues namese Navy sent out several torpedo boats was initiated by the South Vietnamese Air raised herein, and we memorialize the United on an attack, which proved unsuccessful; Force and by United States Air Force units Whereas, when President Lyndon B. John- States Congress to do all it can to see that based in South Vietnam; son received notification of the incident, he Michigan’s concerns are fully addressed; and Whereas, what was expected to be the ordered the first American air strikes be it further usual two-day cease-fire in observance of Tet against North Vietnamese naval bases; That copies of this resolution be Nguyeˆn Dan, the lunar New Year and the Resolved, Whereas, a few days later, Congress passed transmitted to the Prime Minister of Can- most important Vietnamese holiday, became the Gulf of Tonkin Resolution, which gave an opportunity for the North Vietnamese ada, the Premier of Ontario, the President of President Johnson the authority to increase the Canadian Nuclear Safety Commission, Army and Vietcong to strike; America’s involvement in Vietnam; Whereas, this large, well-coordinated sur- the Chairman of the United States Nuclear Whereas, in February 1965, President John- Regulatory Commission, the President of the prise campaign on cities and U.S. targets son ordered a series of reprisal air strikes throughout South Vietnam, named the Tet United States Senate, the Speaker of the after several attacks on U.S. bases by Viet- United States House of Representatives, and Offensive, was North Vietnam’s attempt to cong units; end the war in one swift blow; the members of the Michigan congressional Whereas, a series of paved and unpaved Whereas, the morning of January 31, 1968, delegation. roads, rivers, and sometimes narrow saw many provincial capitals and cities such footpaths through dense jungle, commonly as Saigon and Hue under siege from large POM–97. A concurrent resolution adopted referred to as the Ho Chi Minh Trail, were numbers of Communist fighters who had ap- by the Legislature of the State of Utah rec- being utilized by the North Vietnamese and parently infiltrated the South in the months ognizing the 50th anniversary of the Vietnam Vietcong armies to smuggle supplies and and weeks leading up to the planned offen- War; to the Committee on Foreign Relations. troops back and forth from North and South sive; HOUSE CONCURRENT RESOLUTION NO. 6 Vietnam; Whereas, this intricate transportation sys- Whereas, U.S. and South Vietnamese Whereas, in the late 1950s, the United tem stretched throughout the mountains forces, initially unprepared and over- States began sending advisors to help train along the Vietnamese-Laos-Cambodia bor- whelmed, countered many of the attacks, the South Vietnamese Army and Air Force ders and was a large problem for the South and eventually gained back control by early to withstand the onslaught from Communist Vietnamese and U.S. forces; March of all areas where the Vietcong were North Vietnam; Whereas, cutting off the Ho Chi Minh entrenched; Whereas, the Military Assistance and Advi- Trail, often called the ‘‘Secret War,’’ was Whereas, in the aftermath, many cities and sory Group (MAAG), along with 700 other controversial because it often entailed con- towns in South Vietnam were devastated, U.S. military advisors, worked for eight stant air strikes to areas in Laos and Cam- with thousands of casualties sustained by years to train the South Vietnamese for con- bodia, which were neutral countries, and forces and civilians in the South; ventional warfare; these tactics were not known to most Ameri- Whereas, the Tet Offensive was evidence of Whereas, on October 11, 1961, President cans; North Vietnam’s ability to stage a large- John F. Kennedy authorized a detachment Whereas, after several attacks upon United scale attack; from the 4400th Combat Crew Training States Air Force bases, 3,500 United States Whereas, this turning point in the war Squadron to deploy to South Vietnam as Marines were dispatched to South Vietnam would lead to a change in approach by polit- Project Farm Gate; on March 8, 1965; ical and military leadership, and change the Whereas, Operation Mule Train, begun in Whereas, this marked the beginning of the way many in the United States viewed the January 1962, was designed to drop supplies American ground war, and public opinion at war from home; to isolated outposts and transport parachut- the time overwhelmingly supported the de- Whereas, the first major bombing cam- ists into areas controlled by the Vietcong; ployment; paign on North Vietnamese territory, Oper- Whereas, at the request of South Viet- Whereas, the initial deployment of 3,500 ation Rolling Thunder was intended to place nam’s President, the United States Air Force Marines increased to nearly 200,000 American heavy military pressure on the North Viet- was directed to spray the Vietnamese coun- military personnel by December of 1965; namese leaders and reduce their ability and

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6116 CONGRESSIONAL RECORD — SENATE July 31, 2013 desire to wage war against the U.S.-sup- nam, withdrawal of U.S. combat forces, the flect on the Vietnam War and its legacy: ported South Vietnamese government; release of prisoners of war, and the reunifica- Now, therefore, be it Whereas, from 1965 to 1968, about 643,000 tion of North and South Vietnam through Resolved, That the Legislature of the state tons of bombs were dropped on North Viet- peaceful means; of Utah, the Governor concurring therein, nam; Whereas, the South Vietnamese govern- recognize the 50th Anniversary of the Viet- Whereas, leading up to the Tet Offensive, ment was to remain in place until new elec- nam War and those who fought, suffered, and widespread protests and demonstrations tions were held, and North Vietnamese died in the conflict; and be it further against U.S. involvement and the continued forces in the South were not to advance fur- Resolved, That the Legislature and the loss of American lives were already taking ther or be reinforced; Governor urge the citizens of Utah to reflect place in the United States; Whereas, little more than two months on the service and sacrifice of many during Whereas, beginning in 1964, these protests after the peace agreement, U.S. combat the Vietnam War; and be it further and demonstrations led to a polarization of troops left Vietnam; Resolved, That a copy of this resolution be Americans, with one side continuing to sup- Whereas, Operation Homecoming, a result sent to the Veterans of Foreign Wars USA, port America’s role in Southeast Asia and of the Paris Peace Accords, made possible the United States Department of Veterans Affairs, the Utah Department of Veterans’ the other preaching peace and the end to the return of nearly 600 American prisoners Affairs, the Hill Air Force Base museum, and U.S. operations in the region; of war (POWs) held by North Vietnam; the members of Utah’s congressional delega- Whereas, although most demonstrations Whereas, groups of released POWs were se- tion. were peaceful, some were highlighted by vio- lected on the basis of their length of time in lence and, whether instigated by protestors prison, with the first group consisting of POM–98. A concurrent resolution adopted or police, these confrontational events often POWs that had spent six to eight years as by the Legislature of the State of Utah rec- received more attention than the war itself; prisoners of war; ognizing Israel’s legal, historical, and moral Whereas, the North Vietnamese-led Tet Of- Whereas, after Operation Homecoming, right of self-governance and self-defense; to fensive in early 1968 brought a new wave of about 1,350 Americans were still listed as the Committee on Foreign Relations. criticism from the American public as im- prisoners of war or missing in action, and an- SENATE CONCURRENT RESOLUTION NO. 4 ages of those events shocked many across other 1,200 Americans were reported killed in the nation; action without their bodies being recovered; Whereas, the Jewish people have a long Whereas, with many news outlets publi- Whereas, these missing personnel would standing connection to the land of Israel; Whereas, the claim and presence of the cizing the horrors encountered in South become the subject of an intense search by Jewish people in Israel has remained con- Vietnam during that period, as well as the the United States Army, Navy, Air Force, stant throughout the past 4,000 years; depiction of the attack on the American Em- and Marine Corps, with many remains of Whereas, Israel declared its independence bassy in Saigon, many Americans questioned missing personnel located and returned in and self-governance on May 14, 1948, with the the ability of the United States to resolve the decades since; goal of reestablishing a homeland for the the conflict by use of military intervention Whereas, following the refusal of Congress Jewish people; and the validity of previous reports of suc- to fund additional U.S. activity in Vietnam, Whereas, the United States, having been cessful operations in the region; all American troops and equipment were the first nation to recognize Israel as an Whereas, Operation Menu was a highly se- withdrawn from Vietnam; independent nation and as Israel’s principal cretive bombing campaign of Communist- Whereas, Communist leaders in the North ally, has enjoyed a close and mutually bene- supported supply bases in Cambodia that the had expected that the cease-fire terms would ficial relationship with Israel and her people; North Vietnamese used in aiding attacks on favor their side, but even before the last Whereas, Israel is the greatest friend and South Vietnam; American combat troops departed on March ally of the United States in the Middle East Whereas, these controversial B–52 bombing 29, 1973, the Communists violated the cease- and the two countries enjoy strong bonds raids in neutral Cambodia, authorized by fire; and common values; President Richard Nixon, continued until Whereas, in Saigon, approximately 7,000 Whereas, there are those in the Middle 1973 when information about those raids was United States Department of Defense civil- East who, since the time of Israel’s inception leaked and the devastation to the region was ian employees remained behind to aid South as a state, have continually sought to de- exposed; Vietnam in conducting what was beginning stroy Israel; Whereas, public protests increased, and on to look like a fierce and ongoing war with Whereas, Israel and the United States have May 4, 1970, the Ohio National Guard fired on Communist North Vietnam; similar goals of democracy and stability in Kent State University students, killing four Whereas, Saigon, bolstered by a surge of the Middle East; and students, during a protest against President U.S. aid received just before the cease-fire Whereas, Utah and Israel have enjoyed a Nixon for sending American troops into went into effect, at first started to push back cordial and mutually beneficial relationship Cambodia; the Vietcong, but by early 1974, full-scale since 1948, a friendship that continues to strengthen with each passing year: Now, Whereas, the killings resulted in a nation- warfare had resumed; therefore, be it wide student strike; Whereas, the Vietcong recaptured the ter- Resolved, That the Legislature of the state Whereas, the Vietnam War was the central ritory it lost during the previous dry season, of Utah, the Governor concurring therein, issue of the 1972 presidential election, with and during the rest of 1974 Communist forces commend Israel for its cordial and mutually President Nixon’s opponent, George McGov- took possession of additional areas in the beneficial relationship with the United ern, campaigning on a platform of with- South; States and with the state of Utah; and be it drawal from Vietnam; Whereas, at the end of 1974, South Viet- further Whereas, starting in 1969, President Nix- namese authorities reported that 80,000 sol- Resolved, That the Legislature and the on’s National Security Adviser, Henry Kis- diers and civilians had been killed, making it Governor express support for Israel in its singer, carried on secret negotiations with the costliest year of the war; legal, historical, and moral right of self-gov- North Vietnamese officials; Whereas, in the spring of 1975, 20 divisions ernance and self-defense upon its lands; and Whereas, in October 1972, an agreement of the North Vietnamese Army invaded be it further was reached, but South Vietnamese Presi- South Vietnam; Resolved, That the Legislature and the dent Nguyen Van Thieu demanded massive Whereas, South Vietnamese forces fell Governor recognize that Israel is not an at- changes to the peace proposal; back in disorder and panic, abandoning air tacking force of other nations, and that Whereas, with negotiations deadlocked, bases, weapons, aircraft, fuel, and ammuni- peace can be afforded the region only President Nixon approved Operation Line- tion, and on April 29, 1975, Communist forces through combined efforts and trust; and be it backer II, a massive bombing campaign by reached Saigon, the South Vietnamese cap- further B–52 strategic bombers aimed at reassuring ital, and quickly overran the city; Resolved, That a copy of this resolution be the South Vietnamese and forcing the North Whereas, South Vietnam formally surren- sent to the Embassy of Israel to the United Vietnamese back to the negotiating table; dered the next day; States, the President of the United States, Whereas, in just 11 days, over 49,000 tons of Whereas, April 30, 1975, also saw the last the Majority Leader of the United States bombs were dropped on North Vietnam, dev- American civilians and military personnel Senate, the Speaker of the United States astating the country and forcing North Viet- still in South Vietnam airlifted out of Sai- House of Representatives, and the members nam back to the table; gon by U.S. support forces; of Utah’s congressional delegation. Whereas, on January 15, 1973, President Whereas, statistics from the 1970 census in- Richard Nixon announced the suspension of dicate that 27,910 Utahns served in Vietnam; POM–99. A joint resolution adopted by the offensive action against North Vietnam; Whereas, 388 Utahns were killed, 14 are Legislature of the State of Utah urging the Whereas, the Paris Peace Accords, the still listed as missing in action, and many President of the United States and the agreement signed on January 27, 1973, be- more were wounded during their service; United States Congress to support free trade tween North Vietnam and the United States Whereas, a new exhibit, which honors and with Taiwan; to the Committee on Foreign and South Vietnam, effectively ended the pays tribute to the sacrifices of POWs during Relations. conflict and began the complete withdrawal the Vietnam War, opened September 12, 2012, SENATE JOINT RESOLUTION NO. 12 of American troops; at the Hill Air Force Base museum; and Whereas, the state of Utah is proud of the Whereas, the key provisions of the agree- Whereas, it is fitting that in the 50th year sister-state relationship it has enjoyed with ment included a cease-fire throughout Viet- since the beginning of the conflict Utahns re- Taiwan since 1980;

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6117 Whereas, Taiwan, as a full-fledged democ- and preliminary finding of no significant im- alizing the United States Congress to oppose racy, shares the same values of freedom, de- pact concerning genetically engineered section 8 of H.R. 1919; to the Committee on mocracy, human rights, open market, peace, AquaBounty AquAdvantage salmon; and Health, Education, Labor, and Pensions. and prosperity with the United States; Whereas the state has bountiful fisheries JOINT RESOLUTION Whereas, Taiwan is currently the 18th larg- that provide wild, natural, and sustainable Whereas, Section 8 of H.R. 1919, ‘‘An Act to est exporter as well as importer, the United seafood; and Amend the Federal Food, Drug, and Cos- States’ 10th largest trading partner, and the Whereas Alaska seafood is naturally high metic Act,’’ allows prescription drug manu- 6th largest agricultural products market; in essential vitamins, including vitamins E, facturers to decide to supply drug informa- Whereas, despite being a member of the C, D, and A, and minerals, including zinc, tion labels only by electronic means, as op- World Trade Organization since 2002 and a iron, calcium, and selenium; and posed to the paper labels currently accom- Whereas fish habitat in the state is cleaner faithful ally and an important strategic panying prescription drugs upon receipt; and partner of the United States, Taiwan has yet than fish habitat in other locations; and Whereas, a similar provision is not con- Whereas fisheries are a vital component of to sign a free trade agreement with the tained in the United States Senate’s version the state’s economy; and United States; of the bill; and Whereas, approximately 580,000 people from Whereas the state’s fisheries are managed Whereas, the United States Congress ad- Taiwan visit the United States annually, and to ensure that Alaska seafood continues to dressed electronic labeling in 2012 and di- Taiwanese airline carriers currently have be the finest in the world for future genera- rected the United States Government Ac- more than 40 flights destined for the United tions; and countability Office to study the potential ad- Whereas, in 2009, 95 percent of pacific salm- States weekly, carrying more than 5,000 pas- vantages and associated risks of this labeling on landings in the United States occurred in sengers daily for business, tourism, study, and the results of the study are due to be re- the state; and and other purposes; Whereas, in 2012, 124,000,000 salmon were leased in July 2013; and Whereas, Taiwanese airlines fly to every Whereas, Congress should await the results harvested in the state, for a value of corner of the globe and Taiwan aims to en- of the study it ordered to be undertaken be- $505,000,000; and sure that all aspects of its aviation sector Whereas Alaska ports consistently rank fore passing legislation that would require conform to the standard formulated by the among the top ports in the United States critical medical information, such as infor- International Civil Aviation Organization based on volume and ex-vessel value for var- mation on dangerous side effects and contra- (ICAO) for safety and security; ious fisheries, including salmon; and indications, to be made available to health Whereas, for the past 40 years, however, Whereas the state’s fishing industry pro- care professionals and prescription drug con- Taiwan has not been able to enter or mean- vides over 70,000 jobs annually and is the sec- sumers only by electronic means; and ingfully participate in the ICAO; ond largest source of private sector employ- Whereas, Maine would be disproportion- Whereas, this hampers Taiwan’s voluntary ment in the state; and ately negatively affected by Section 8 of H.R. efforts to comply with the ICAO standards Whereas the United States Food and Drug 1919; and due to lack of timely and comprehensive in- Administration is accepting comments on Whereas, as of 2011, 16.3% of Maine’s popu- formation; the proposal to allow, for the first time, a ge- lation was over 65 years of age, compared to Whereas, Taiwan has recently promoted an netically modified organism to be sold for only 13.3% for the nation as a whole; and Whereas, due to its geography, climate and East China Sea Peace Initiative, a commend- human consumption; and highly dispersed and rural population, sig- able effort to ease tensions that might seri- Whereas the inevitable accidental release nificant areas of Maine do not have reliable ously endanger peace and prosperity in the of transgenic fish into the wild could dev- access to the Internet; and region; and astate native fish populations and eco- Whereas, Maine relies on the forest prod- Whereas, resolving disputes in the East systems; and ucts industry to create and maintain jobs China Sea in a rational and peaceful manner Whereas citizens and public interest groups and sustainably manage Maine’s forests, and is in the best interests of all parties in the overwhelmingly oppose genetically engi- that industry would be negatively affected region and the United States: Now, there- neered food and have submitted over 400,000 by Section 8 of H.R. 1919 without further fore, be it public comments opposing genetically engi- study of the effects: Now, therefore, be it Resolved, That the Legislature of the state neered salmon; and Resolved, That We, your Memorialists, the of Utah reaffirms the friendship, and encour- Whereas the United States Food and Drug Members of the One Hundred and Twenty- ages the sister-state relationship, between Administration has not conducted adequate sixth Legislature now assembled in the First Utah and Taiwan; and be it further testing to determine the long-term safety of Regular Session, on behalf of the people we Resolved, That the Legislature urges the consuming genetically engineered salmon; represent, take this opportunity to urge and President of the United States and the and United States Congress to support a free Whereas the sale of genetically engineered request that Section 8 of H.R. 1919 not be trade agreement with Taiwan and support salmon could imperil the state’s fishing in- passed until the Government Accountability Taiwan’s participation in multilateral free dustry; and Office study on the effects of required elec- trade negotiations; and be it further Whereas seven members of the United tronic-only labeling for prescription medica- Resolved, That the Legislature expresses its States Senate continue to have concerns tions is published, reviewed and considered; continued support for Taiwan’s meaningful about AquaBounty’s proposal and the United and be it further Resolved, That We urge and request that participation in United Nations specialized States Food and Drug Administration’s re- this section of the bill not become law with- organizations, conventions, and programs, view of the proposal; and out further consideration and mitigation of such as acquiring an observer status in the Whereas the United States Food and Drug the disproportionate negative effects on International Civil Aviation Organization; Administration’s review applies only to a Maine’s elderly, rural and highly dispersed and be it further limited set of production and rearing facili- population; and be it further That the Legislature welcomes ties and fails to consider the broader applica- Resolved, Resolved, That suitable copies of this reso- Taiwan’s initiative for peace and stability in tions of this technology that would as- suredly occur should final approval be grant- lution, duly authenticated by the Secretary the Asia-Pacific Region and urges all parties of State, be transmitted to the President of concerned in East China Sea disputes to re- ed: Now, therefore, be it Resolved, That the Alaska State Legisla- the United States Senate, to the Speaker of frain from any antagonistic actions and re- the United States House of Representatives solve their differences through open dialogue ture urges the United States Food and Drug Administration not to make a final decision and to each Member of the Maine Congres- and other peaceful means; and be it further sional Delegation. Resolved, That a copy of this resolution be regarding genetically engineered salmon until the United States Congress has fully sent to the President of the United States, POM–102. A joint resolution adopted by the examined the issue and the potential release the Majority Leader of the United States Legislature of the State of California sup- of genetically engineered fish into the Senate, the Speaker of the United States porting the congressional action to reverse House of Representatives, the President of waters of the United States; and be it further Resolved, That the Alaska State Legisla- the suspension of new student enrollments in the Republic of China on Taiwan, and the the Job Corps; to the Committee on Health, members of Utah’s congressional delegation. ture opposes AquaBounty’s petition to produce AquAdvantage Salmon, a geneti- Education, Labor, and Pensions. ASSEMBLY JOINT RESOLUTION NO. 13 POM–100. A joint resolution adopted by the cally engineered salmon; and be it further Legislature of the State of Alaska opposing Resolved, That, if the petition is approved Whereas, the State of California serves the the United States Food and Drug Adminis- by the United States Food and Drug Admin- largest proportion of Job Corps students ad- tration’s preliminary finding relating to ge- istration, despite strong environmental and ministered by the United States Department netically engineered salmon; to the Com- human health concerns, product labeling re- of Labor. Currently, there are seven Job mittee on Health, Education, Labor, and quirements must include, as required by Corps centers located in California in the Pensions. Alaska law, the words ‘‘Genetically Modi- Cities of Long Beach, Los Angeles, Sac- fied’’ prominently displayed on the front of ramento, San Bernardino, San Diego, San HOUSE JOINT RESOLUTION NO. 5 the product’s packaging. Francisco, and San Jose; and Whereas the United States Food and Drug Whereas, these seven Job Corps centers Administration recently announced the re- POM–101. A joint resolution adopted by the provide a vital piece of California’s work- lease of a draft environmental assessment Legislature of the State of Maine memori- force development system by serving 5,373

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6118 CONGRESSIONAL RECORD — SENATE July 31, 2013 disadvantaged youth between 16 and 24 years United States, to the Speaker of the House Resolved, That the Legislature of Louisiana of age, inclusive, by providing high school di- of Representatives, to the Majority Leader of is encouraged that preventive and wellness plomas and career technical education to the Senate, and to each Senator and Rep- services, such as counseling for obesity and young men and women, all of whom come resentative from California in the Congress chronic disease management, are part of the from very low income households and are un- of the United States. Essential Health Benefits package included employed or underemployed; and in the Patient Protection and Affordable Whereas, in addition to academic and em- POM–103. A concurrent resolution adopted Care Act; and be it further ployment training, these Job Corps centers by the Legislature of the State of Louisiana Resolved, That a copy of this resolution be provide social skills training and other serv- urging and requesting the Department of transmitted to the president of the United ices to empower these young men and women Health and Hospitals examine the benefits of States, the vice president of the United to obtain and hold a job, enroll in advanced routine nutritional screening and thera- States, the secretary of the United States training, attend college, or enter the Armed peutic nutrition treatment for those who are Senate and the clerk of the United States Forces to defend the interests of the United malnourished or at risk for malnutrition; to House of Representatives, to each member of States around the world; and the Committee on Health, Education, Labor, the Louisiana delegation to the United Whereas, over 8,000 former dropouts have and Pensions. States Congress, and to the secretary of the received fully accredited public high school SENATE CONCURRENT RESOLUTION NO. 41 Department of Health and Hospitals. diplomas at the Job Corps centers and thou- Whereas, the National Black Caucus of sands more unemployed youth have received State Legislators (NBCSL) has established POM–104. A concurrent resolution adopted career training and job placement assist- policy promoting the importance of quality by the Legislature of the State of Utah de- ance; and nutrition for all Americans in order to main- scribing the impacts of the federal Patient Whereas, the young men and women who tain healthy, active, independent lifestyles; Protection and Affordable Care Act on Utah participate in the Job Corps gain entry level and families, insurers, health care providers, and job skills for well-paying careers in con- Whereas, the NBCSL adopted policy sup- the state; to the Committee on Health, Edu- struction, health care, culinary arts, secu- porting increased access to quality nutrition cation, Labor, and Pensions. rity services, and other employment sectors and support for infants and children, as HOUSE CONCURRENT RESOLUTION NO. 10 vital to California’s economy; and passed by the United States Congress in Res- Whereas, recent studies demonstrate a sig- Whereas, the federal Patient Protection olution HHS–11–19; and and Affordable Care Act and its companion nificant economic gain from funds invested Whereas, leading health and nutrition ex- legislation, the Health Care and Education in dropout recovery by increasing employ- perts agree that nutrition status is a direct Reconciliation Act of 2010, referred to jointly ment, raising individual earnings, improving measure of patient health and that good nu- as ‘‘the Affordable Care Act,’’ ‘‘the ACA,’’ or home and auto sales, increased job and eco- trition and good patient health can keep peo- ‘‘Obamacare,’’ were enacted in March 2010; nomic growth, greater spending and invest- ple healthy and out of institutionalized Whereas, under the ACA, Utah families, ments, and tax revenues, and significant re- health care facilities, thus reducing employers, manufacturers, and insurers will ductions in health care costs, crime preven- healthcare costs; and pay at least 18 new or increased taxes and tion and corrections expenditures, and other Whereas, inadequate or unbalanced nutri- fees that over 10 years will transfer $500 bil- social services provided by California; and tion, known as malnutrition, is not rou- lion from the private sector to the public Whereas, the National Job Corps Associa- tinely viewed as a medical concern in this sector, suppressing economic growth and re- tion reports that the combined economic ac- nation, and that malnutrition is particularly ducing employment in the state; tivity stimulated by the Job Corps centers in prevalent in vulnerable populations, such as Whereas, hundreds of Utah medical device California is two hundred forty-three million older adults, hospitalized patients, or minor- companies will be subject to the ACA’s ex- seven hundred twenty-six thousand five hun- ity populations that statistically shoulder cise tax on manufacturers and importers of dred nineteen dollars ($243,726,519), and that the highest incidences of the most severe certain medical devices, without regard for 2,971 local jobs are created by the operation chronic illnesses such as diabetes, kidney company profitability; of the Job Corps centers in California; and disease, and cardiovascular disease; and Whereas, the United States Department of Whereas, illness, injury, and malnutrition Whereas, the tax will threaten the viabil- Labor is entrusted to serve the disadvan- can result in the loss of lean body mass, ity of many firms and have a chilling effect taged youth in America. However, the leading to complications that impact good on the very innovation needed to drive down United States Department of Labor recently patient health outcomes, including recovery health care costs and support economic decided to suspend all new student enroll- from surgery, illness, or disease; the elderly growth in this state; ments to Job Corps centers in California and lose lean body mass more quickly and to a Whereas, Utahns will suffer further reduc- throughout the 125 Job Corps centers serving greater extent than younger adults and tions in employment growth and economic the nation, which would prevent as many as weight assessment (body weight and body activity as employers comply with uncom- 30,000 otherwise eligible young men and mass index) can overlook accurate indicators pensated regulatory burdens imposed by the women from receiving diplomas and job of lean body mass; and ACA; training; and Whereas, the American Nursing Associa- Whereas, Utah families will also pay more Whereas, recent decisions of the United tion defines therapeutic nutrition as the ad- for goods and services as employers, insur- States Department of Labor to implement a ministration of food and fluids to support ers, and medical providers pass along various 93-day suspension of new student enrollment the metabolic processes of a patient who is costs imposed by the ACA; and a 21-percent reduction in funding for fu- malnourished or at high risk of becoming Whereas, health insurance premiums for ture enrollments appear to be inequitably malnourished; and certain younger, healthier Utahns will more balancing a budget shortfall on the backs of Whereas, access to therapeutic nutrition is than double in 2014 as the result of various disadvantaged youth it is entrusted to serve critical in restoring lean body mass such ACA provisions, including a prohibition on when other alternatives are available for that it resolves malnutrition challenges and, medical underwriting and restrictions on the closing the shortfall; and in turn, improves clinical outcomes, reduces use of age-based premiums; Whereas, seventy-one members of the health care costs, and can keep people and Whereas, the cost of insurance for many United States House of Representatives and our communities healthy; and other Utah families will go up as well in re- 17 members of the United States Senate have Whereas, despite the recognized link be- sponse to ACA provisions that are known to sent a bipartisan letter asking Acting Sec- tween good nutrition and good health, nutri- drive up costs, including prohibitions on pre- retary and Deputy Secretary of Labor, Seth tional screening and therapeutic nutrition existing condition exclusions, annual benefit D. Harris, to reverse the suspension of new treatment have not been incorporated as limits, and lifetime benefit limits; student enrollments in order to protect the routine medical treatments across the spec- Whereas, the ACA will penalize Utah em- opportunities provided to the nation’s most trum of health care: Now, therefore, be it ployers that have more than 50 employees if disadvantaged youth and to prevent further Resolved, That the Legislature of Louisiana they do not offer health insurance to their economic damage to the communities served urges and requests that the Department of employees, even if an employer cannot afford by the Job Corps: Now, therefore, be it Health and Hospitals examine the benefits of insurance or chooses instead to compensate Resolved by the Assembly and the Senate of routine nutritional screening and thera- employees with higher wages, larger retire- the State of California, jointly, That the Legis- peutic nutrition treatment for those who are ment contributions, or other employee bene- lature supports the United States congres- malnourished or at risk for malnutrition, as fits; sional action to reverse the suspension of well as examine the benefits of nutrition Whereas, working Utah families will have new student enrollments in the Job Corps, to screening and therapeutic nutrition treat- fewer full-time employment opportunities as prevent any limits to student enrollment ment as part of the standard for evidenced- employers replace full-time workers with until other cost-saving measures have been based hospital care; and be it further part-time workers to avoid ACA penalties; exhausted, and to maintain The full range of Resolved, That the Legislature of Louisiana Whereas, some Utah families will be un- educational and employment services pro- supports an increased emphasis on nutrition able to keep their current health insurance vided by the Job Corps; and be it further through the reauthorization of the Older and may have fewer options as employers Resolved, That the Chief Clerk of the As- Americans Act, as well as for Medicare bene- abandon plans not meeting minimum benefit sembly transmit copies of this resolution to ficiaries, to improve their disease manage- and affordability requirements in order to the President and Vice President of the ment and health outcomes; and be it further avoid ACA penalties;

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6119 Whereas, working Utah families will find it options, for addressing the underlying chal- ciation, Utah insurers, the Utah Association even harder to secure employment with lenges faced by our health care system; of Health Underwriters, and the Speakers health insurance benefits as premium in- Whereas, notwithstanding the ACA’s focus and Presidents presiding over the legisla- creases continue unabated in response to on preventive care and its acknowledgment tures of each of the 49 other states. both the ACA and long-term cost drivers not of alternative payment and delivery systems, addressed by the ACA; many Utahns will see little relief from pre- POM–105. A concurrent resolution adopted Whereas, many Utahns will face increased mium increases driven by underlying prob- by the Legislature of the State of Utah urg- premiums as their insurers attempt to fund lems the ACA fails to address, including reli- ing the federal government to take action to $81 million in losses created by the ACA’s ance on payment and delivery systems that ensure continued funding of cancer edu- transfer of individuals from publicly funded promote over consumption of health care; cation, screening, and treatment services to high-risk pools to the private insurance mar- Whereas, implementation of the ACA will victims of mill tailings exposure; to the ket; tend to destroy the private market for Committee on Health, Education, Labor, and Whereas, many Utah families with insur- health insurance and move families, insur- Pensions. ers, and health care providers ever closer to ance offered by small or midsize employers SENATE CONCURRENT RESOLUTION NO. 10 could be threatened with higher premiums or a single-payer system of federally controlled Whereas, the Rural Health Care Services no insurance at all if commercial insurance health care; Grant Program Outreach, a federally funded risk increases too much as the result of em- Whereas, the state, its citizens, employers, project providing cancer education, screen- ployers dropping coverage or switching to insurers, and health care providers will all ing, and treatment services to those who are self-insurance arrangements; suffer as the ACA fails to bring Whereas, there is a high likelihood that unsustainable health care spending under victims of mill tailings exposure, resulted in many Utah families will experience higher control and metastasises instead into great- the diagnosis of 39 new cancers and 32 cases premiums due to the ACA’s minimum benefit er federal regulation and control of not just of precancerous polyps; requirements, which threaten to ratchet up health care, but most aspects of Utahns’ and Whereas, funding has been exhausted and plan costs both inside and outside health in- Americans’ daily lives and activities; program activities halted, pending continued surance exchanges; Whereas, the ACA disregards state juris- federal support; Whereas, Utah families will pay higher in- diction over health care policy and con- Whereas, the United States Secretary of surance premiums because of ACA provisions strains the state’s efforts to develop and im- Health and Human Services should instruct that subsidize states with high-cost, poorly plement meaningful health care reform; and the Health Resources and Services Adminis- managed health care plans at the expense of Whereas, the Legislature and the Governor tration to fund cancer education, screening, states like Utah that have low-cost, better believe that successful reform of health and treatment services to victims of mill managed plans; care’s most vexing problems will require tailings exposure until 2044, or until another Whereas, Utah seniors will likely have more—not less—state flexibility and innova- equitable resolution can be reached through fewer care options due to Medicare provider tion: Now, therefore, be it the United States Department of Energy; payment reductions made by the ACA; Resolved, That the Legislature of the state Whereas, the assistance of Utah’s congres- Whereas, Medicaid enrollees will likely of Utah, the Governor concurring therein, sional delegation would help provide federal have greater difficulty making appointments urges the state’s Congressional delegation to resources to ensure cancer education, screen- with health care providers as Medicaid en- continue its efforts to arrest the devastating ing, and treatment services to victims of 51 rollment expands under the ACA, particu- impacts of the ACA on Utah’s economy, its mill tailings exposure through 2044; larly after the two-year enhanced reimburse- citizens, its employers, its medical pro- Whereas, the United States Attorney Gen- ment rate for primary care providers ends; viders, and its insurers, using all means pos- eral’s Office should investigate the United Whereas, Utah hospitals will suffer as a re- sible, including repeal of the act; and be it States Department of Energy’s federal statu- sult of ACA reductions in funds paid to hos- further tory limitations in providing cancer edu- pitals that serve a disproportionate number Resolved, That the Legislature and the cation, screening, and treatment services to of low-income individuals; Governor urge Utah’s Congressional delega- victims of mill tailings exposure and offer Whereas, Utah families will suffer if med- tion to work cooperatively with other mem- suggestions for federal legislation; ical facilities close or medical practitioners bers of Congress and officials of this state Whereas, the Office of the Utah Attorney leave their professions in response to the fi- and other states to develop workable alter- General should investigate the inclusion of nancial strain created by shrinking provider natives to the ACA that encourage state in- victims of mill tailings exposure in the En- payments under the ACA; novation, preserve states’ policy-making ju- ergy Employees Occupational Illness Com- Whereas, state funding for education, risdiction and regulatory authority, and lead pensation Program Act, which provides med- roads, public safety, and other important to greater enrollment in affordable health ical benefits to workers, contractors, sub- services will be crowded by a $46 million an- insurance; be it further contractors, and vendors at specified Depart- nual liability to pay for the ACA’s manda- Resolved, That the Legislature and the ment of Energy facilities; tory Medicaid eligibility expansion; Governor affirm by this resolution the Whereas, the Office of the Utah Attorney Whereas, we and our children must one day state’s policy that no person in this state General should investigate the inclusion of pay the price for entitlements Congress has should be required to either sponsor or enroll victims of mill tailings exposure in the Radi- created but failed to realistically fund, in- in health insurance, particularly under ation Exposure Compensation Act for their cluding the ACA; threat of federal penalty; and be it further onsite participation and exposure to radi- Whereas, that price already includes tax Resolved, That the Legislature and the ation from the uranium mill and its tailings; increases and cost shifting to our posterity, Governor urge the Legislature’s Health Re- and and will likely include benefit reductions form Task Force to continue working coop- Whereas, the United States Congress and even currency devaluation; eratively with the Governor’s Office to en- should direct Legacy Management to provide Whereas, that price will tend to include sure that ACA implementation rules address from its budget an annual stipend for vic- the shifting of greater fiscal responsibility the needs of Utah families, employers, health tims of mill tailings exposure to use in es- for government programs—including Med- care providers, insurers, and insurance regu- tablishing a consistent cancer education, icaid—from Washington to the states, even lators; and be it further screening, and treatment services program: further crowding out funding for education Resolved, That the Legislature and the Now, therefore, be it and other essential state services; Governor urge all stakeholders in Utah’s Resolved, That the Legislature of the state Whereas, the real cost of more Utahns hav- health care system—including families, em- of Utah, the Governor concurring therein, ing insurance under the ACA will be a far ployers, health care providers, and insurers— urge the United States Secretary of Health greater dependence on government, not less; to continue working cooperatively with the and Human Services to instruct the Health Whereas, under an optional Medicaid ex- Governor and the Legislature to develop Resources and Services Administration to pansion the state would incur large, ongoing state-based health care reforms with the fund cancer education, screening, and treat- funding liabilities and both the state and its greatest potential for increasing con- ment services to victims of mill tailings ex- citizens would be more dependent, not less sumerism, improving quality of care, con- posure until 2044 or until another equitable dependent, on a fiscally unsustainable fed- straining spending growth, and promoting resolution can be reached through the eral government; enrollment in affordable health insurance, United States Department of Energy; and, be Whereas, Utah has refused to exacerbate regardless of how ACA implementation it further the federal fiscal crisis by choosing not to unfolds; be it further Resolved, That the Legislature and the implement the ACA’s federally subsidized Resolved, That this resolution be sent to Governor urge Utah’s congressional delega- health insurance exchange, which makes the United States Secretary of Health and tion to help provide federal resources to en- people dependent on large government sub- Human Services, the Governor, the Legisla- sure cancer education, screening, and treat- sidies and gives priority to publicly funded, ture’s Health Reform Task Force, Utah’s ment services to victims of mill tailings ex- rather than privately funded, coverage; Congressional delegation, the Utah Health posure through 2044. Be it further Whereas, because of the ACA, Utah em- Policy Project and other consumer advocacy Resolved, That the Legislature and the ployers, insurers, and health care providers groups, the Salt Lake Chamber of Commerce Governor urge the United States Attorney will face more regulation, not less regula- and other employer associations, the Utah General’s Office to investigate the United tion, and will have fewer options, not more Hospital Association, the Utah Medical Asso- States Department of

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6120 CONGRESSIONAL RECORD — SENATE July 31, 2013 Energy’s federal statutory limitations in half of the people of the United States, com- tablishing a Native Hawaiian roll commis- providing cancer education, screening, and mends the efforts of reconciliation initiated sion to maintain a roll of qualified Native treatment services to victims of mill tailings by the State of Hawaii and the United Hawaiians to facilitate Native Hawaiian self- exposure and offer suggestions for federal Church of Christ with the Native Hawaiians, governance; Now, therefore, be it legislation. Be it further including the appropriation of funds to edu- Resolved by the House of Representatives of Resolved, That the Legislature and the cate the public regarding Hawaiian sov- the Twenty-seventh Legislature of the State of Governor urge the Office of the Utah Attor- ereignty; and Hawaii, Regular Session of 2013, the Senate con- ney General to investigate the inclusion of Whereas, the State Legislature also passed curring, That the Legislature hereby com- victims of mill tailings exposure in the En- Act 340, Session Laws of Hawaii 1993, man- memorates the twentieth anniversary of the ergy Employees Occupational Illness Com- dating that the lands and waters of Kaho Apology Resolution, recognizes the progress pensation Program Act and their inclusion ‘olawe island be held in the public land trust, that has been made towards reconciliation in the Radiation Exposure Compensation Act directing the State to transfer management and Native Hawaiian self-governance and for their onsite participation and exposure to and control of these lands and waters to the self-determination, reaffirms the State’s radiation from the uranium mill and its sovereign Native Hawaiian entity upon its commitment to reconciliation with the Na- tailings. Be it further recognition by the United States and the tive Hawaiian people for historical injus- Resolved, That the Legislature and the State of Hawai‘i, and establishing the Kaho tices, urges the federal government to ad- Governor urge the United States Congress to ‘olawe Island Reserve Commission to man- vance reconciliation efforts with Native Ha- direct Legacy Management to provide from age these lands and waters in the interim; waiians, and supports efforts to further the its budget an annual stipend for victims of and self-determination and sovereignty of Native mill tailings exposure to use in establishing Whereas, the State Legislature passed Act Hawaiians; and be it further 329, Session Laws of Hawaii 1997, recognizing a consistent cancer education, screening, and Resolved, That certified copies of this Con- the deep sense of injustice felt among many treatment services program. Be it further current Resolution be transmitted to the Native Hawaiians and others and affirming Resolved, That a copy of this resolution be President of the United States, the Speaker that reconciliation with the Native Hawaiian sent to Victims of Mill Tailings Exposure, of the United States House of Representa- people is desired by all people of Hawai‘i; and the Majority Leader of the United States tives, the President of the United States Senate, the Speaker of the United States Whereas, in 2000, the Department of the In- terior and the Department of Justice pub- Senate, the Chief Justice of the Supreme House of Representatives, the Office of Leg- Court of the United States, the Chief Justice acy Management, the Office of the Utah At- lished a report, ‘‘From Mauka to Makai: The River of Justice Must Flow Freely,’’ which of the Supreme Court of Hawai‘i, the Gov- torney General, the United States Attorney ernor of the State of Hawai‘i, and the Chair- General’s Office, the United States Depart- formally initiated the federal government’s efforts to reconcile past injustices, and rec- person of the Board of Trustees of the Office ment of Energy, the United States Secretary of Hawaiian Affairs. of Health and Human Services, the Health ognize and establish a government-to-gov- Resources and Services Administration, and ernment relationship with the Native Hawai- the members of Utah’s congressional delega- ian people; and POM–107. A resolution adopted by the Gen- tion. Whereas, in 2000 and 2002, the United eral Assembly of the State of New Jersey ex- States Congress passed Public Law 106–568, pressing strong opposition to the recent POM–106. A concurrent resolution adopted the Hawaiian Homelands Homeownership United States Supreme Court decision in by the Legislature of the State of Hawaii Act, and Public Law 107–110, the reenacted Citizens United v. Federal Election Commis- commemorating the twentieth anniversary Native Hawaiian Education Act, confirming sion; to the Committee on the Judiciary. the special relationship between the federal of Public Law 103–150; to the Committee on ASSEMBLY RESOLUTION NO. 86 Indian Affairs. government and the Native Hawaiian people; and Whereas, A divided United States Supreme HOUSE CONCURRENT RESOLUTION NO. 6 Whereas, in 2005, Hawai‘i’s entire congres- Court, in a 5-to-4 decision issued en January Whereas, in 1993, the United States Con- sional delegation, including then-representa- 21, 2010 in Citizens United v. Federal Elec- gress passed Public Law 103–150 (the ‘‘Apol- tive and current Governor of Hawai‘i, Neil tions Commission, overturned two important ogy Resolution’’), acknowledging and apolo- Abercrombie, as well as the then-Hawai‘i precedents by lifting a 20-year ruling in Aus- gizing for the critical role of United States Governor, expressed to the United States tin v. Michigan Chamber of Commerce, that diplomats, military forces, and citizens in Senate Committee on Indian Affairs their restricted campaign spending by corpora- the overthrow of the sovereign Kingdom of unanimous support for self-governance and tions in support of or in opposition to polit- Hawai‘i; and self-determination for Native Hawaiians; and ical candidates; and Whereas, the Apology Resolution confirms Whereas, in Office of Hawaiian Affairs v. Whereas, The Court also overturned part of that the actions of United States agents in Housing and Community Development Cor- its 2003 decision in McConnell v. Federal the overthrow and occupation of the Hawai- poration of Hawaii (HCDCH), 117 Hawaii 174, Elections Commission by rejecting a large ian government violated treaties between 195 (2008), rev’d and remanded by 556 U.S. 163 portion of the Bipartisan Campaign Reform the United States and the sovereign King- (2009), the Supreme Court of the State of Act of 2002, commonly called McCain Fein- dom of Hawai‘i, and norms of international Hawai‘i held that ‘‘the Apology Resolution gold, which restricted campaign spending by law; and and related state legislation . . . give rise to corporations and unions by banning broad- Whereas, the Apology Resolution confirms the State’s fiduciary duty to preserve the cast, cable or satellite transmissions of elec- that one million eight hundred thousand corpus of the public lands trust, specifically, tioneering communications paid for by cor- acres of crown and government lands were the ceded lands, until such time as the porations or labor unions from their general thereafter ceded to the United States with- unrelinquished claims of the native Hawai- funds in the 30 days before a presidential pri- out consent or compensation to the Native ians have been resolved.’’; and mary and in the 60 days before the general Hawaiian people or their sovereign govern- Whereas, in Office of Hawaiian Affairs v. election; and ment, as a result of the United States’ an- HCDCH, 117 Hawaii 174, 216, the Supreme nexation of Hawai‘i; and Court of the State of Hawai‘i also recognized Whereas, In his 80-page dissent in the Citi- Whereas, the Apology Resolution recog- the critical importance of the ‘a¯ ina to Ha- zens United case, Justice Stevens called the nizes that the Native Hawaiian people never waiian people and stated, ‘‘We firmly believe decision ‘‘a radical change in the law’’ that relinquished their claims to their inherent that, given the ‘crucial importance [of the ignores ‘‘the overwhelming majority of jus- sovereignty as a people or of their national ‘a¯ ina or land to] the [n]ative Hawaiian peo- tices who have served on this court’’ and lands throughout the overthrow, occupation, ple and their culture, their religion, their stated that ‘‘In the context of election to annexation, and admission of Hawai‘i into economic self-sufficiency, and their sense of public office, the distinction between cor- the United States; and personal and community well-being,’ any porate and human speakers is significant Whereas, the Apology Resolution recog- further diminishment of the ceded lands (the . . . [Corporations] cannot vote or run for of- nizes that the health and well-being of the ’a¯ ina) from the public lands trust will nega- fice. Because they may be managed and con- Native Hawaiian people is intrinsically tied tively impact the contemplated reconcili- trolled by nonresidents, their interests may to their deep feelings and attachment to the ation/settlement efforts between native Ha- conflict in fundamental respects with the in- land; and waiians and the State’’; and terests of eligible voters’’; and Whereas, the Apology Resolution recog- Whereas, the State Legislature passed Act Whereas, President Obama recently criti- nizes that the Native Hawaiian people are 195, Session Laws of Hawaii 2011, acknowl- cized the ruling as ‘‘a green light to a new determined to preserve, develop, and trans- edging that Native Hawaiians are the only stampede of special interest money,’’ and de- mit to their descendants, both their ances- indigenous, aboriginal, maoli population of clared ‘‘It is a major victory for big oil, Wall tral lands and their cultural identity; and Hawai‘i nei, that the State of Hawai‘i has a Street banks, health insurance companies Whereas, the Apology Resolution acknowl- special political and legal relationship with and the other powerful interests that mar- edges that the overthrow has resulted in the the Native Hawaiian people, that Native Ha- shal their power every day in Washington to suppression of the inherent sovereignty of waiians have continued to maintain their drown out the voices of everyday Ameri- the Native Hawaiian people; and identity as a distinctly native political com- cans’’; and Whereas, the Apology Resolution apolo- munity with rights to self-determination, Whereas, Senator John McCain who co- gizes to the Native Hawaiian people on be- self-governance, and self-sufficiency, and es- wrote the 2002 campaign reform law with

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6121 Senator Russell Feingold, said he was ‘‘dis- of State, be transmitted to the President of Whereas, the power to regulate marriage is appointed’’ by the decision, and Senator the United States Senate, to the Speaker of a power reserved to the states that lies with- Feingold called the decision ‘‘a terrible mis- the United States House of Representatives in the domain of state legislatures and not take’’ ignoring ‘‘important principles of judi- and to each Member of the Maine Congres- with the judicial branch of government; and cial restraint and respect for precedent’’; and sional Delegation. Whereas, the United States Supreme Court Whereas, For decades, Congress has exer- recently heard oral arguments in two sepa- cised its constitutional authority to regulate POM–109. A joint resolution adopted by the rate cases that challenge the constitu- elections by seeking to prevent corporations Legislature of the State of Tennessee urging tionality of the federal Defense of Marriage and unions from exerting undue influence or the United States Congress to adopt a bal- Act and the authority of states to regulate the appearance of undue influence over fed- anced budget; to the Committee on the Judi- marriage; and eral candidates; and ciary. Whereas, the Oklahoma Legislature com- Whereas, It is fitting and proper for the SENATE JOINT RESOLUTION NO. 38 mends the Honorable E. Scott Pruitt, Attor- ney General of Oklahoma, for filing an ami- [Senate] General Assembly of this State to Whereas, with each passing year our na- cus curiae brief supporting Oklahoma’s right express its opposition to the Citizens United tion falls further into debt as federal govern- to regulate marriage: Now, therefore, be it decision and to call upon the Congress of the ment expenditures repeatedly exceed avail- United States to propose an amendment to Resolved by the House of Representatives of able revenue; and the 1st Session of the 54th Oklahoma Legisla- the United States Constitution to provide Whereas, the annual federal budget has ture, the Senate Concurring Therein, That the that, with respect to corporation campaign risen to unprecedented levels, demonstrating Oklahoma Legislature reaffirms its commit- spending, a person is only a natural person an unwillingness or inability of both the ment to define marriage as the union of one for First Amendment protection of free Legislative and Executive branches of fed- man and one woman and urges the United speech; Now, therefore, be it eral government to control the federal debt; States Supreme Court to uphold the Defense Resolved by the General Assembly of the State and of Marriage Act and the right of states to of New Jersey: Whereas, knowledgeable planning and fis- regulate marriage. Be it further 1. The General Assembly of the State of cal prudence require that the budget reflect Resolved, That a copy of this resolution be New Jersey expresses strong opposition to all federal spending and that the budget be distributed to the President and Vice Presi- the United States Supreme Court ruling in in balance; and dent of the United States and to the Okla- Citizens United v. Federal Elections Com- Whereas, fiscal discipline is a powerful homa Congressional Delegation. mission and calls upon the Congress of the means for strengthening our nation; with United States to propose an amendment to less of America’s future financial resources POM–111. A joint resolution adopted by the the United States Constitution to provide channeled into servicing the national debt, that with regard to corporation campaign Legislature of the State of California urging more of our tax dollars would be available the federal government, including the De- spending, a person means only a natural per- for public endeavors that reflect our national son for First Amendment protection of free partment of Homeland Security and the Gen- priorities, such as education, health, the se- eral Services Administration, to fund nec- speech. curity of our nation, and the creation of 2. Duly authenticated copies of this resolu- essary improvements at the San Ysidro, jobs; and Calexico, and Otay Mesa Ports of Entry; to tion, signed by the Speaker of the General Whereas, Thomas Jefferson recognized the the Committee on the Judiciary. Assembly and attested to by the Clerk of the importance of a balanced budget when he Assembly, shall be transmitted to the Presi- wrote: ‘‘The question whether one genera- ASSEMBLY JOINT RESOLUTION NO. 4 dent and Vice President of the United tion has the right to bind another by the def- Whereas, The United States, Canada, and States, the Majority and Minority Leaders of icit it imposes is a question of such con- Mexico signed the North American Free the United States Senate, the Speaker and sequence as to place it among the funda- Trade Agreement (NAFTA) in 1993 to foster Minority Leader of the United States House mental principles of government. We should trade among the countries, and improve of Representatives, and to each member of consider ourselves unauthorized to saddle global competitiveness; and the United States Congress elected from this posterity with our debts, and morally bound Whereas, Trade between the United States State. to pay for them ourselves.’’; and and Mexico has more than quintupled since Whereas, state legislatures overwhelm- the implementation of NAFTA, totaling $500 POM–108. A joint resolution adopted by the ingly recognize the necessity of maintaining billion in bilateral trade in 2011; and Legislature of the State of Maine memori- a balanced budget; whether through con- Whereas, Mexico continues to be Califor- alizing the United States Congress to pass a stitutional requirement or by statute, forty- nia’s number one export market with $25.8 constitutional amendment to reverse the nine states require a balanced budget; and billion in goods exported to Mexico in 2011, ruling of the United States Supreme Court in Whereas, the federal government’s unlim- accounting for 16 percent of all California ex- Citizens United v. Federal Election Commis- ited ability to borrow involves decisions of ports; and sion; to the Committee on the Judiciary. such magnitude, with such potentially pro- Whereas, Ninety-nine percent of trade be- tween California and Mexico is carried by JOINT RESOLUTION found consequences for the nation and its people, today and in the future, that it is of trucks; and Whereas, United States Supreme Court rul- Whereas, The SANDAG 2050 Comprehensive ings, beginning with Buckley v. Valeo and vital importance to the future of the United States of America that a balanced budget be Freight Gateway Study projects that the continuing through Citizens United v. Fed- nearly two million trucks that crossed the eral Election Commission and others, dis- adopted on an annual basis: Now, therefore, be it California-Mexico border in 2007 will increase proportionately elevate the role of wealthy to nearly five million trucks in 2050. In 2011, special interests in elections and diminish Resolved by the Senate of the One Hundred Eighth General Assembly of the State of Ten- over $33.5 billion in goods moved between the voices and influence of ordinary Ameri- Mexico and the United States at the Otay cans; and nessee, the House of Representatives concurring, That we hereby strongly urge the United Mesa Port of Entry and at the Tecate Port of Whereas, Maine citizens wish to develop ef- Entry; and fective tools for self-governance, including States Congress to adopt a balanced federal budget on an annual basis; and be it further Whereas, The San Diego and Imperial strong laws governing elections and cam- Counties’ border traffic congestion and paign finance; and Resolved, That an enrolled copy of this res- olution be transmitted to the President and delays cost the U.S. and Mexican economies Whereas, the current legal landscape se- an estimated $8.63 billion in gross output and verely constrains the range of options avail- the Secretary of the United States Senate, the Speaker and the Clerk of the United more than 73,900 jobs in 2007; and able to citizens, frustrating efforts to reduce Whereas, New land port of entry and im- States House of Representatives, and each the influence of moneyed interest in elec- provement projects are under federal juris- member of Tennessee’s Congressional delega- tions and in government: Now, therefore, be diction with significant influence over local tion. it communities; and Resolved, That We, your Memorialists, Whereas, The San Ysidro-Puerta Mexico POM–110. A concurrent resolution adopted hereby declare our support for an amend- Land Port of Entry is the busiest port of by the Legislature of the State of Oklahoma ment to the United States Constitution re- entry between the United States and Mexico reaffirming the definition of marriage as the garding campaign finance that would reaf- and is undergoing a major reconfiguration union of one man and one woman; to the firm the power of citizens through their gov- and expansion project; and Committee on the Judiciary. ernment to regulate the raising and spending Whereas, The Otay Mesa-Mesa de Otay of money in elections; and be it further HOUSE CONCURRENT RESOLUTION NO. 1009 Land Port of Entry has plans for the expan- Resolved, That We, your Memorialists, call Whereas, marriage is the building block sion and modernization of passenger and upon each Member of the Maine Congres- upon which our society is based; and commercial inspection facilities; and sional Delegation to actively support and Whereas, on November 2, 2004, Oklahoma Whereas, The Calexico West Port of Entry promote in Congress an amendment to the voters expressed their collective intent to also has plans to renovate and expand the fa- United States Constitution on campaign fi- define marriage as the union of one man and cility to process and expand its operation for nance; and be it further one woman by approving State Question 711 pedestrians and automobiles; and Resolved, That suitable copies of this reso- which was an amendment to Article II of the Whereas, The collaboration between fed- lution, duly authenticated by the Secretary Oklahoma Constitution; and eral, state, and local agencies is essential for

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6122 CONGRESSIONAL RECORD — SENATE July 31, 2013 the development of border infrastructure (a) An emphasis on the need to effectively Court’s landmark decision in Roe v. Wade, projects and security; and respond to sexual assault crime by adding which held that every woman has a funda- Whereas, The General Accountability Of- new purpose areas and a 25-percent set-aside mental right to control her own reproductive fice and the Department of Homeland Secu- in the STOP (Services, Training, Officers, decisions and decide whether to end or con- rity estimate that $6 billion in border infra- and Prosecutors) Violence Against Women tinue a pregnancy, and is an occasion that structure is needed to fulfill their mission of Formula Grant Program (STOP Program) deserves celebration; and preventing unlawful entry and smuggling and the Grants to Encourage Arrest Policies Whereas, The 1973 Roe v. Wade decision, while facilitating legitimate trade and tour- and Enforcement of Protection Orders Pro- making access to abortion safe and legal, has ism; and gram. greatly improved the health of women and Whereas, The need for improved border ca- (b) Improvements in tools to prevent do- families; and pacity and efficiency comes at a time when mestic violence homicides by training law Whereas, Roe v. Wade has been the corner- traditional federal funding is scarce and in- enforcement, victim service providers, and stone of women’s remarkable strides toward creasingly difficult to obtain; and court personnel to identify and manage high- equality in the past four decades, and repro- Whereas, Since February 2009, Congress risk offenders and connecting high-risk vic- ductive freedom is critical to a woman’s and the Obama administration have not tims to crisis intervention services. ability to participate fully in the social, po- funded border infrastructure projects; and (c) Critical improvements that provide im- litical, and economic life of the community; Whereas, The San Ysidro project has a portant protections for students, immigrant and stated funding gap of $285 million, the women, as well as the lesbian, gay, bisexual, Whereas, California is committed to pro- tecting public health and the welfare of all Calexico project needs $318 million to com- and transgender and Native American com- its residents, and recognizes that access to plete construction, and the Otay Mesa munities. reproductive health services, including fam- project requires $161 million for completion; (d) Improvements in responses to the high ily planning and prenatal care, supports indi- and rate of violence against women in tribal viduals and their families by ensuring that Whereas, Various agencies of the United communities by strengthening concurrent States, including the Department of Home- babies are planned, wanted, and healthy; and tribal criminal jurisdiction over perpetrators Whereas, The public policy of California, land Security and the General Services Ad- who assault Indian spouses and dating part- as expressed in the Reproductive Privacy ministration, should work with Congress to ners in Indian countries. Act, and protected by the California Con- provide funding to support these border in- (e) Measures to strengthen housing protec- stitution’s express right to privacy, is that frastructure investments: Now, therefore, be tions for victims by applying existing hous- each woman has the fundamental right to it ing protections to nine additional federal make decisions regarding her reproductive Resolved by the Assembly and the Senate of housing programs. health; and the State of California, jointly, That the Legis- (f) Measures to promote accountability to Whereas, California has a pioneering his- lature urges the federal government, includ- ensure that federal funds are used for their tory in supporting reproductive rights, in- ing the Department of Homeland Security intended purposes. cluding the California Supreme Court’s 1969 and the General Services Administration, to (g) Consolidation of programs and reduc- decision in People v. Belous, recognizing fund necessary improvements at the San tions in authorization levels to address fiscal that a woman’s decision to end a pregnancy Ysidro, Calexico, and Otay Mesa Ports of concerns, and renewed focus on programs is protected by her constitutional right to Entry; and be it further that have been most successful. privacy, four years prior to the United Resolved, That the Chief Clerk of the As- (h) Technical corrections to update defini- States Supreme Court’s decision in Roe v. sembly transmit copies of this resolution to tions throughout the law to provide uni- Wade; and the President and Vice President of the formity and continuity; and Whereas, In a democracy, people may have United States, to the Speaker of the House Whereas, There is a need to maintain serv- differing views about abortion, but most of Representatives, to the Majority Leader of ices for victims and families at the local, Californians recognize that only a pregnant the Senate, and to each Senator and Rep- state, and federal levels. VAWA reauthoriza- woman can know, and should be entitled to resentative from California in the Congress tion would allow existing programs to con- decide, what option is best for herself and of the United States. tinue uninterrupted, and would provide for her family; and the development of new initiatives to ad- Whereas, Over 75 percent of Californians POM–112. A joint resolution adopted by the dress key areas of concern. These initiatives oppose efforts to overturn Roe v. Wade, Legislature of the State of California urging include the following: which could create a public health crisis if the President to sign and Congress to pass (a) Addressing the high rates of domestic individual states made abortion illegal and the Violence Against Women Reauthoriza- violence, dating violence, and sexual assault unsafe; and tion Act; to the Committee on the Judiciary. among women 16 to 24 years of age, inclu- Whereas, The 2012 elections sent a powerful and unmistakable message to Members of ASSEMBLY JOINT RESOLUTION NO. 8 sive. (b) Improving the response to sexual as- Congress and state legislatures that women Whereas, The federal Violence Against sault with best practices, training, and com- do not want politics or politicians to inter- Women Act (VAWA) was developed with the munication tools for law enforcement, as fere with their personal medical decisions; input of advocates from around the country well as for health care and legal profes- and with diverse backgrounds and experiences, sionals. Whereas, Violence against abortion pro- and addresses the real and most important (c) Preventing domestic violence homicides viders and laws that create barriers to abor- needs of victims of domestic violence, sexual through enhanced training for law enforce- tion endanger a woman’s health: Now, there- assault, dating violence, and stalking; and ment, advocates, and others who interact fore, be it Whereas, VAWA represents the voices of with those at risk: Now, therefore, be it Resolved by the Senate of the State of Cali- women and their families, and the voices of Resolved by the Assembly and the Senate of fornia, That on the 40th anniversary of Roe v. victims, survivors, and advocates; and the State of California, jointly, That the Legis- Wade, the senate of the State of California Whereas, VAWA was first enacted in 1994, recognizes the critical importance of contin- lature requests the President to sign and and has been the centerpiece of the federal ued access to safe and legal abortion and Congress to pass the Violence Against government’s efforts to stamp out domestic urges the President of the United States and Women Reauthorization Act and ensure the and sexual violence. VAWA provides millions the Congress to protect and uphold the in- sustainability of vital programs designed to of dollars to support programs for victim tent and substance of the 1973 United States keep women and families safe from violence services, transitional housing, and legal as- Supreme Court decision in Roe v. Wade; and and abuse; and be it further sistance, as well as tools that law enforce- be it further Resolved, That the Chief Clerk of the As- ment, prosecutors, and judges need to hold Resolved, That the Secretary of the Senate sembly transmit copies of this resolution to offenders accountable and keep communities transmit copies of this resolution to the the President and Vice President of the safe while supporting victims; and President and Vice President of the United United States, to the Speaker of the House Whereas, Domestic violence, sexual as- States, to the Speaker of the House of Rep- of Representatives, to the Majority Leader of sault, dating violence, and stalking, once resentatives, to the Majority Leader of the the Senate, to each Senator and Representa- considered private matters to be dealt with Senate, to each Senator and Representative tive from California in the Congress of the behind closed doors, have been brought out from California in the Congress of the United United States, and to the author for appro- of the darkness; and States, and to the author for appropriate dis- priate distribution. Whereas, VAWA has been successful be- tribution. cause it has had consistently strong, bipar- POM–113. A resolution adopted by the Sen- tisan support for nearly two decades; and POM–114. A joint resolution adopted by the ate of the State of California recognizing the Whereas, Senators Patrick Leahy and Legislature of the State of Maine honoring critical importance of continued access to Mike Crapo and Representative Gwen Moore the victims of the Boston Marathon explo- safe and legal abortion; to the Committee on have introduced identical legislation, the Vi- sions; to the Committee on the Judiciary. the Judiciary. olence Against Women Reauthorization Act, JOINT RESOLUTION in their respective houses with language that SENATE RESOLUTION NO. 10 Whereas, on April 15, 2013, multiple explo- includes several updates and improvements Whereas, January 22, 2013, marks the 40th sions at the finish line of the 117th Boston to the law, including the following: anniversary of the United States Supreme Marathon, a horrific act of terrorism, killed

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6123 at least 3 people and injured more than 175 Whereas, the Sutherland family first set- ceived the political support of the non-LDS people; and tled in Springville, Utah, and then moved to community; Whereas, law enforcement’s unprecedented Tintic, Utah, where George Sutherland, Sr. Whereas, Sutherland did not represent response and willingness to put their lives on sold dry goods to miners; Karl Maeser when he was convicted in 1887 of the line to protect the innocent and bring Whereas, George Sutherland, Sr. left the violating the Edmund’s Act, but he nonethe- those responsible to justice is an inspiration LDS Church in 1870, and young George was less appeared at Maeser’s sentencing and to us all; and never baptized; made an impassioned and successful plea to Whereas, many of the victims of this trag- Whereas, Sutherland recalled his boyhood the Court not to jail Maeser, citing his many edy, who are both United States citizens and as a ‘‘period when life was very simple, but, accomplishments at Brigham Young Acad- international visitors, are friends and family as I can bear testimony, very hard as meas- emy; members of athletes and spectators cele- ured by present day standards. . . . Nobody Whereas, the Court did not sentence brating community, sport and the intense ef- worried about child labor, the average boy of Maeser to jail, but fined him $300, which fort and sacrifice required to qualify for the 10 worked—and often worked very hard’’; Sutherland immediately paid to the Court; Boston Marathon; and Whereas, Sutherland grew up in a time Whereas, as a young lawyer, Sutherland Whereas, many Americans and people of when everybody was poor and everybody dove into public service and politics; the world watched with horror as the trag- worked; Whereas, from 1886 to 1890, Sutherland was edy occurred and the day progressed; and Whereas, neither the 8-hour day nor the 40- an Overseer of the State Hospital in Provo, Whereas, heroic emergency medical techni- hour week had arrived, so work began when and in 1890 he ran for Mayor of Provo as a cians, police officers, firefighters, members it was light enough to see and ended when it Liberal Party candidate on an antipolygamy of the National Guard and other first re- became too dark; platform, and lost; sponders, as well as many marathon partici- Whereas, Sutherland worked first in a Whereas, LDS-Church sanctioned polyg- pants, volunteers and spectators, saved lives clothing store in Salt Lake City, then as a amy ended in late 1890, gutting the Liberal while putting themselves at risk; and Wells Fargo agent and later as a mining re- Party of its purpose, so Sutherland became a Whereas, Maine and Massachusetts have a cording agent until age 17, when his family Republican and narrowly lost the 1892 Re- special historical, economic and cultural re- moved to Provo; publican nomination for Congress; lationship, extending back before our Na- Whereas, Sutherland had no schooling Whereas, Sutherland was gratified that tion’s founding, including our mutual cele- from ages 12 to 17, but because he was taught Utah’s new Constitution provided for wom- bration of Patriot’s Day as a state holiday, well by his parents, he entered the Brigham en’s suffrage, a cause for which he cam- and scores of Maine people run in the Boston Young Academy in 1879 as an excellent stu- paigned throughout his political career; Marathon every year: Now, therefore, be it Resolved, That We, the Members of the One dent and writer; Whereas, Sutherland’s legal practice blos- Hundred and Twenty-sixth Legislature now Whereas, at Brigham Young Academy, he somed, and in 1894 he left Thurman & Suth- assembled in the First Regular Session, on flourished under the tutelage of renowned erland and moved to Salt Lake City where he behalf of the people we represent, join the headmaster Karl Maeser, who nurtured the joined the predecessor to the Van Cott law people of Maine, the City of Boston, the institution for decades; firm; Commonwealth of Massachusetts and the Whereas, at Brigham Young Academy, Whereas, Sutherland helped form the Utah rest of the United States in collective sorrow George Sutherland made many lifelong Bar Association in 1895, and in 1896 was elect- and anguish; and be it further friends, nearly all members of the LDS ed to the first Utah State Senate, where he Resolved, That We, the Members of the One Church, including Sam Thurman, who later chaired the Judiciary Committee, which Hundred and Twenty-sixth Legislature, became his law partner, cofounder of the drafted the first Utah Judicial and Penal stand united with the people of Maine, the predecessor firm to Snow, Christensen & Codes; City of Boston, the Commonwealth of Massa- Martineau, and a Utah Supreme Court Chief Whereas, Sutherland proposed the state’s chusetts and the rest of the United States Justice; William H. King, his future law first State Workers’ Compensation Statute against violence perpetrated against inno- partner and political opponent against whom and laws granting eminent domain to miners cents; and be it further he ran for Congress in 1900 and the United and those working in irrigation; Resolved, That suitable copies of this reso- States Senate in 1916; and James E. Talmage Whereas, in 1900, Sutherland narrowly de- lution, duly authenticated by the Secretary and Richard Lyman, future Apostles of the feated Democrat and former law partner Wil- of State, be transmitted to the Honorable LDS Church; liam H. King for Utah’s lone seat in the Barack H. Obama, President of the United Whereas, at Brigham Young Academy, he United States House of Representatives; States, to the President of the United States met Rosamond Lee of Beaver, Utah, and sev- Whereas, Sutherland remained very active Senate, to the Speaker of the United States eral years later they married; in state and national Republican Party af- House of Representatives, to the governors Whereas, George and Rosamond Suther- fairs, serving as a party delegate from Utah of the State of Maine and Commonwealth of land were together for nearly 60 years and to every Republican convention between 1900 Massachusetts, the President of the Massa- had three children, a boy who died at 17 and and 1916; chusetts Senate, the Speaker of the Massa- two daughters who survived him; Whereas, in his only House term, Suther- chusetts House of Representatives and the Whereas, Sutherland graduated from land was instrumental in passing the Rec- Mayor of the City of Boston. Brigham Young Academy in 1881 and at- lamation Act, which allowed Western water tended the University of Michigan Law projects to be engineered and financed with POM–115. A joint resolution adopted by the School for a year, passed the Michigan Bar, federal money, allowing the Western States Legislature of the State of Utah recom- and then married Rosamond and moved to to grow much faster than if water projects mending a name for a new federal court- Provo, where he started a practice with his had been left to private and state financing; house; to the Committee on the Judiciary. father, by then a self-taught lawyer; Whereas, Sutherland chose not to run for a HOUSE JOINT RESOLUTION NO. 9 Whereas, Sutherland once stated, ‘‘I trans- second term and resumed his practice with Whereas, a new federal courthouse is cur- acted all kinds of business, both civil and Van Cott; rently being constructed at 351 South West criminal. A lawyer in a small town can’t Whereas, in 1905, United States Senators Temple in Salt Lake City; pick and choose—public opinion demands were elected by State Legislatures; Whereas, if this new structure is to bear that he shall treat all men alike when they Whereas, years earlier, Sutherland had rep- the name of an exemplary Utahn, it should call for his services. I often traveled on resented United States Senator Reed be named after Justice George Sutherland, horseback in the mountains to try cases be- Smoot’s father in a polygamy case and now, the only Utahn to serve on the United States fore Justices of the Peace’’; with the endorsement of his friend and Sen- Supreme Court; Whereas, Sutherland earned a well-de- ator, Sutherland prevailed in an interparty Whereas, to date, Justice Sutherland is served reputation as a hardworking and hon- fight with incumbent Thomas Kearns; Utah’s most accomplished attorney, public est family man who was smart, empathetic, Whereas, Sutherland’s two-term Senate ca- servant, and judge; and kind; reer was stellar; Whereas, before joining the United States Whereas, in 1886, at age 24, his law partner- Whereas, through his legal ability, affa- Supreme Court, Sutherland was a renowned ship with Sam Thurman began, and they bility, and hard work, Sutherland accom- legal scholar and sage politician, having were joined by William King two years later; plished much regarding women’s suffrage, served in the Utah State Senate, the United Whereas, as young lawyers, Sutherland and workers’ compensation, reclamation, Indian States House of Representatives, and the Thurman defended nine Irish miners accused affairs, and foreign policy; United States Senate; of lynching, a capital offense; all were tried Whereas, Sutherland was the driving force Whereas, no past or present Utahn has and convicted but none was executed—a vic- behind the Federal Employer Liability Act, done more for his state or country, or ac- tory for Sutherland and Thurman; which created a workers’ compensation sys- complished more as a lawyer; Whereas, Sutherland also represented tem; Whereas, Sutherland was born in England many members of the LDS Church charged Whereas, in support of the new system, in 1862 to converts to the Church of Jesus with violating the Federal Edmund’s Act Sutherland argued, ‘‘When we are able to get Christ of Latter-day Saints (LDS); outlawing polygamy; to the truth as to how these accidents hap- Whereas, Sutherland’s family immigrated Whereas, through these cases and his gen- pen we will be able to apply the remedy with to Utah as part of an oxcart company in Oc- eral character, he earned respect within the greater certainty, so that the law is not only tober 1863; LDS community and at the same time re- just in providing compensation to all injured

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6124 CONGRESSIONAL RECORD — SENATE July 31, 2013 employees, one of the legitimate expenses of The result will be, therefore, that we shall the servant of the law, the twofold name of the industry, but what is perhaps still more come back into power for a long time’’; which is that guilt shall not escape, or inno- important, it will tend to greatly reduce the Whereas, the Republicans won the next cents suffer. He may prosecute with earnest- number of accidents and consequently the three presidential elections; ness and vigor, indeed he should do so. But, aggregate of human suffering’’; Whereas, after leaving the Senate, Suther- while he may strike hard blows, he is not at Whereas, Sutherland championed many land practiced law in Washington, D.C. and liberty to strike foul ones. It is as much his other labor causes, earning him the praise of argued four cases before the United States duty to refrain from improper methods cal- Samuel Gompers, President of the American Supreme Court; culated to produce a wrongful conviction as Federation of Labor; Whereas, in 1917, Sutherland was elected it is to use every legitimate means to bring Whereas, Sutherland’s Judiciary Com- President of the American Bar Association about a just one’’; mittee rewrote the United States Criminal and gave a series of six lectures at Columbia Whereas, this decision better clarified the and Judicial codes, ‘‘a monumental task’’ ac- University Law School on the Constitution prosecutor’s role and obligations and gave cording to Chief Justice Charles Evans and foreign affairs; trial judges a clear directive and authority Hughes of the United States Supreme Court; Whereas, always a keen political strate- to punish prosecutorial misconduct; Whereas, in 1907, Sutherland’s courtroom gist, Sutherland supported Warren G. Har- Whereas, when Franklin D. Roosevelt over- skills were well displayed in the Senate ding’s seemingly unlikely but successful bid whelmingly defeated President Hoover in where he mounted a detailed and successful for the Republican presidential nomination, 1932, the Congress quickly passed many acts defense of Senator Reed Smoot when the and after Harding was elected he appointed to address the economic calamity, but the Senate considered expelling Smoot due to Sutherland as lead counsel for the United laws were not thoroughly assessed from a his religious and alleged polygamous prac- States in a seven week trial at The Hague; constitutional point of view before they were tices; Whereas, Sutherland was also counsel to passed; Whereas, Sutherland sponsored the Nine- the United States Delegation to the Arma- Whereas, this led to scores of court chal- teenth Amendment to give women the right ment talks of 1921; lenges, and many laws were struck down by to vote in 1915 and exerted every effort to as- Whereas, on September 5, 1922, President unanimous vote in 1934, 1935, and 1936, while sure its passage; Harding nominated Sutherland for an open others were struck down by close votes on Whereas, Sutherland gave several well re- seat on the United States Supreme Court various constitutional grounds; ceived speeches promoting the amendment, and the Senate unanimously confirmed him Whereas, the most controversial opinions including a 1914 speech in which he stated, ‘‘I the same day; that Justice Sutherland wrote struck down give my assent to woman suffrage because, Whereas, there was great public interest in portions of President Franklin Delano Roo- as the matter appeals to me, there is no jus- and support for Sutherland’s appointment sevelt’s New Deal legislation; tification for denying to half our citizens the because he was the first Utahn to be ap- Whereas, after his landslide 1936 reelection, right to participate in the operations of a pointed, one of the few Senators to ascend to Roosevelt proposed adding six Justices to government which is as much their govern- the bench, only the fourth foreign born Jus- the United States Supreme Court, which ment as it is ours upon the sole ground that tice to serve on the Court, and the first to do Justice Sutherland saw as a roadblock to they happen to be born women instead of so since 1793; economic recovery; men’’; Whereas, as he had throughout every as- Whereas, the political upheaval that the Whereas, Sutherland was not a pacifist, pect of his life, Justice Sutherland worked court-packing plan sparked caused conserv- and contended that security should be won very hard on the United States Supreme ative Justice Owen Roberts to change his through vigilance and strength; Court; votes and to uphold the New Deal legisla- Whereas, when Germanys new submarine Whereas, in 15 years he wrote 295 majority tion; fleet attacked shipping in the open sea, opinions, 35 dissents, and 1 concurrence—an Whereas, this switch of a vote and strong President Wilson’s apparent vacillation in average of 20 majority opinions per year, public opposition to court-packing led to its 1915 gave rise to sham criticism from Suther- which is double the average production of to- defeat in the Senate and avoided a constitu- land in the Senate, where he stated, ‘‘. . . my day’s Supreme Court Justices; tional, and perhaps a national, crisis; Whereas, Justice Sutherland was bitterly own view of the matter is that the new weap- Whereas, Justice Sutherland’s broad life disappointed with Justice Roberts’s vote on [the submarine] must yield to the law not experiences, sobriety, hard work, and self-re- change, and when the Supreme Court then that the law must yield to the new weapon. liance brought a valuable perspective to the reversed recent Supreme Court decisions, . . . I for one am becoming sick and tired of Court; Sutherland dissented sharply, contending the spineless policy of retreat and scuttle. Whereas, Justice Sutherland’s impover- that political expediency had trumped con- . . . Instead of warning our own people to ex- ished upbringing and boyhood years filled with extremely hard work, combined with stitutional principles; ercise their rights at their peril I would like Whereas, much to the disappointment of his intellect and ambition, propelled him to see issued to other people a warning to moderates and conservatives, Justice Suth- into the highest echelon of power on the interfere with these rights at their peril. The erland retired in 1938; danger of it all is that by this policy of al- state and national levels, exposing him to Whereas, humble to the end, Sutherland ways backing down, instead of backing up, people from all walks of life; did not mention the Supreme Court or his Whereas, Justice Sutherland’s extensive we shall encourage an increased encroach- career in his last public address, the Con- experience in the state and national legisla- ment upon our rights until we shall finally vocation of the BYU Class of 1941, but in- tive branches gave him a solid foundation as be driven into crises from which nothing but stead reminisced about Utah in the 1860s and a constitutional scholar and an expert in war can extricate us’’; 70s, his daylong labors as a child, and his governmental affairs; Whereas, during his Senate years, Suther- education at his beloved Brigham Young Whereas, having seen temporary factions land was frequently engaged as a speaker on Academy; many public issues and he gained a strong spring to life from time to time, claiming to Whereas, above all he implored graduates reputation as a constitutional scholar; have all the answers to society’s challenges to be vigilant caretakers of their character, Whereas, this reputation was enhanced by only to fade away and leave in their wake ill- then to focus on career, family, and church; the fact that he argued three cases before considered legislation that often infringed Whereas, George Sutherland passed away the United States Supreme Court while serv- on individual rights or violated other con- in 1942; ing in the Senate; stitutional principles, Justice Sutherland Whereas, this nation’s heritage and good Whereas, in 1915, Sutherland supported the was wary of the tyranny of the majority; sense teach us to honor distinguished and ex- Seventeenth Amendment, which provided for Whereas, Justice Sutherland challenged emplary forefathers; and popular election of United States Senators; the Congress, the President, and other courts Whereas, other public servants may de- Whereas, in 1916, Sutherland ran for a third in order to protect individual rights or fun- serve the recognition of having their names term against his old law partner and friend, damental constitutional doctrines; on the new federal courthouse, but none de- William King, and lost; Whereas, in 1935, in Berger v. United serves it more than George Sutherland: Now, Whereas, although Sutherland had not run States, wherein an Assistant U.S. Attorney therefore, be it a statewide campaign for 16 years, his loss was guilty of gross misconduct during a Resolved, That the Legislature of the state was likely due to the coattail effect of the criminal trial, Justice Sutherland elo- of Utah urge the members of Utah’s congres- antiwar fervor that propelled President Wil- quently set the standard for prosecutorial sional delegation to work to have the new son to a second term, on the mantra that misconduct when he wrote that the mis- federal courthouse in Salt Lake City named ‘‘He kept us out of war’’; conduct called for a stern rebuke and repres- after Justice George Sutherland; and be it Whereas, many Republican candidates sive measures, stating, ‘‘The United States further were badly defeated in 1916, but in his con- Attorney is the representative not of an or- Resolved, That the Legislature urge the soling words to William Howard Taft on his dinary party to a controversy, but of a sov- members of Utah’s congressional delegation loss of the presidential race, Sutherland ereignty whose obligation to govern impar- to make this effort in recognition of Justice stated, ‘‘We are to pass through a period of tially is as compelling as its obligation to Sutherland’s lifetime of service to the citi- readjustment, and the present administra- govern at all; and whose interest, therefore, zens of the state of Utah as a member of the tion, in view of its past history, is not likely in a criminal prosecution is not that it shall Utah Senate and to the United States as a to deal with the serious problems which will win a case, but that justice shall be done. As member of the United States House of Rep- arise in such a way as to satisfy the country. such, he is in peculiar and very definite sense resentatives, a member of the United States

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6125 Senate, and the only Utahn to serve on the climate where companies can grow and begin Whereas, according to United Nations United States Supreme Court, and whose ex- to hire; and Agenda 21 policy, national sovereignty is ample of humility and integrity in public Whereas, absent credible actions to address deemed a social injustice; service is unsurpassed; and be it further this fiscal irresponsibility, uncertainty will Whereas, Utah has a tradition of locally Resolved, That a copy of this resolution be continue to dominate business decision mak- driven community planning efforts dating sent to the members of Utah’s congressional ing and economic recovery will languish: back to the first settlers who laid out a com- delegation. Now, therefore, be it munity plat that formed the basis for most Resolved, That the Legislature of the state of the cities in Utah; POM–116. A concurrent resolution adopted of Utah, the Governor concurring therein, Whereas, Utah regional planning efforts by the Legislature of the State of Utah sup- wholeheartedly supports the Financial have focused on citizen participation, local porting the Financial Ready Utah enterprise Ready Utah initiative of fostering within the decision making, transparent processes, risk management process; to the Committee state of Utah an enterprise risk management sound technical data, response to market de- on the Judiciary. process to assess the immediacy, severity, mand, and respect for due process and pri- SENATE CONCURRENT RESOLUTION and probability of risks from any reductions vate property; of federal funds to the state of Utah and how Whereas, Utah’s Associations of Govern- Whereas, the Legislature of the state of the state will marshal its resources, both ments and Councils of Governments are cre- Utah declares that the nation’s fiscal reck- human and capital, to prioritize and provide ated and controlled by Utah counties, cities, lessness poses a great, clear, and present the most essential government services; and and towns, predate the adoption of Agenda 21 threat to America’s future; be it further by more than 20 years, and provide a forum Whereas, David Walker, former Comp- Resolved, That the Legislature and the for these local governments to cooperate on troller General of the United States warns, Governor strongly urge local, state, and na- issues of regional significance; and ‘‘The most serious threat to the United tional representatives to take immediate Whereas, cooperative decision making that States is not someone hiding in a cave in Af- and sustained action to eliminate deficit is locally driven and controlled provides ghanistan or Pakistan, but our own fiscal ir- spending and secure economic self-reliance great benefits in terms of cost and service responsibility’’; to the state of Utah and to the United delivery and continues to serve the state of Whereas, the federal government is now in States; Utah well: Now, therefore, be it its fourth year of not passing a budget; Resolved, That the Legislature and the Resolved, That the Legislature of the state Whereas, the national debt has now sur- Governor strongly urge the President of the of Utah rejects United Nations Agenda 21, passed $16.4 trillion, more than $136,000 per United States and the United States Con- both its intent and its potential for abuse; household; gress to pass a budget each year and adopt a and be it further Whereas, annual deficits have exceeded $1 credible and sustainable plan to balance Resolved, That the Legislature urges Utah’s trillion for each of the last four years, and those budgets; state agencies and political subdivisions to unfunded obligations for social programs Resolved, That the Legislature and the not adopt or implement policy recommenda- now exceed $85 trillion, with no apparent Governor strongly urge Utah’s towns, cities, tions that deliberately or inadvertently in- Congressional resolution on the horizon; and counties to adopt and implement com- fringe or restrict private property rights Whereas, it took 200 years for the United prehensive financial risk management meas- without due process, as may be required by States to accumulate the first trillion dol- ures as soon as possible; policy recommendations originating in or lars in debt and only 286 days to accumulate Resolved, That copies of this resolution be traceable to Agenda 21, adopted by the the most recent trillion; sent to the Attorney General of the United United Nations in 1992 at its Conference on Whereas, $85 billion per month of the na- States, the President of the United States, Environment and Development, or any other tional debt and annual deficits are now offset the Majority Leader of the United States international law or ancillary plan of action through Federal Reserve operations such as Senate, the Speaker of the United States that contravenes the Constitution of the ‘‘quantitative easing’’ and ‘‘operation House of Representatives, the Utah Associa- United States or the Constitution of the twist’’; tion of Counties, the Utah League of Cities state of Utah; Whereas, more than 40 cents of every dol- and Towns, Financial Ready Utah, the Utah Be it Further Resolved, That the Legislature lar the state of Utah spends comes from the State Chamber of Commerce, the Utah Board urges Utah’s state agencies and political sub- federal government that borrows and prints of Regents, the Utah State Board of Edu- divisions to not adopt or develop environ- more than 40 cents of every dollar it sends to cation, and the members of Utah’s congres- mental and developmental policies that, Utah; sional delegation. without due process, would infringe or re- Whereas, last New Year’s Eve, the United strict the private property rights of property States Congress merely delayed until March POM–117. A joint resolution adopted by the owners; 1, 2013, the implementation of the automatic Legislature of the State of Utah rejecting Be it Further Resolved, That the Legislature cuts or ‘‘sequestration’’ of 8–9% of federal United Nations Agenda 21 and urging state urges state and local governments across the discretionary spending, including funds to and local governments across the United United States to be well informed regarding state and local governments, and 10% of States to reject it; to the Committee on the the underlying harmful implications of im- military spending under the Budget Control Judiciary. plementing United Nations Agenda 21’s Act of 2011; strategies for ‘‘sustainable development.’’; Whereas, in its recently released audit of SENATE JOINT RESOLUTION NO. 11 Be it Further Resolved, That the Legislature the federal government’s financial state- Whereas, the United Nations Agenda 21 was urges state and local governments across the ments, the Government Accountability Of- initiated at the United Nations Conference United States to not enter into any agree- fice declared, ‘‘Over the long term, the struc- on Environment and Development in Rio de ment, expend any sum of money, contract tural imbalance between spending and rev- Janeiro, Brazil, in 1992; services, or give financial aid to those enue will lead to continued growth of debt Whereas, the United Nations Agenda 21 is nongovennnental and intergovernmental or- held by the public as a share of GDP [Gross being introduced into local communities ganizations affiliated with United Nations Domestic Product]; this means the current across the United States through the Inter- Agenda 21; structure of the federal budget is national Council of Local Environmental Be it Further Resolved, That the Legislature unsustainable’’; Initiatives, through local ‘‘sustainable devel- urges state and local governments across the Whereas, this fiscal scenario is by all ac- opment’’ policies including Smart Growth United States to reject United Nations Agen- counts unsustainable for the nation as well America, the Wildlands Project, and Center da 21 and any grant money or financial aid as for our state; for Resilient Cities; attached to it; Whereas, in May 2012, the American Insti- Whereas, the United Nations has accred- Be it Further Resolved, That the Legislature tute of Certified Public Accountants, in its ited and enlisted numerous nongovernmental of the state of Utah supports the locally di- review of the federal government’s most re- and intergovernmental organizations to as- rected regional planning efforts that are oc- cent annual financial statements, warned, sist in the implementation of its policies rel- curring in Utah and encourages other states ‘‘The U.S. is not exempt from the laws of ative to Agenda 21 around the world; to look to the Utah model of collaboration prudent finance. We must take steps to put Whereas, the United Nations Agenda 21 that protects local sovereignty and private our financial house in order. The credit rat- plan of sustainable development views pri- property rights; ing agencies have recently issued renewed vate property ownership, single family Be it Further Resolved, That a copy of this warnings of U.S. credit downgrades unless homes, private car ownership, individual resolution be sent to the Council of State substantive reforms are made. Our current travel choices, and privately owned farms as Governments, the National Conference of fiscal policy results in mortgaging our na- destructive to the environment; State Legislatures, the National Association tion’s future without investing in it, leaving Whereas, according to the United Nations of Counties, the United Nations General As- our children, grandchildren and future gen- Agenda 21 policy, social justice is described sembly, the Wildlands Project, Smart erations to suffer the consequences. This is as the right and opportunity of all people to Growth America, Center for Resilient Cities, irresponsible, unethical and immoral’’; benefit equally from the resources afforded the International Council of Local Environ- Whereas, restoring fiscal sanity and sus- citizens by society and the environment, mental Initiatives, the Utah Association of tainability is at the heart of jumpstarting which would be accomplished by redistribu- Counties, the Utah League of Cities and economic growth and fostering a business tion of wealth; Towns, the Majority Leader of the United

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6126 CONGRESSIONAL RECORD — SENATE July 31, 2013 States Senate, the Speaker of the United *Nomination was reported with rec- By Mrs. GILLIBRAND: States House of Representatives, and the ommendation that it be confirmed sub- S. 1408. A bill to address the dramatic in- members of Utah’s congressional delegation. ject to the nominee’s commitment to crease of HIV/AIDS in minority commu- nities; to the Committee on Health, Edu- f respond to requests to appear and tes- cation, Labor, and Pensions. REPORTS OF COMMITTEES tify before any duly constituted com- By Mr. MENENDEZ: mittee of the Senate. S. 1409. A bill to amend the Internal Rev- The following reports of committees enue Code of 1986 to provide a credit for em- f were submitted: ployer-provided job training, and for other By Ms. LANDRIEU, from the Committee INTRODUCTION OF BILLS AND purposes; to the Committee on Finance. on Small Business and Entrepreneurship, JOINT RESOLUTIONS By Mr. DURBIN (for himself, Mr. LEE, with an amendment: and Mr. LEAHY): S. 415. A bill to clarify the collateral re- The following bills and joint resolu- S. 1410. A bill to focus limited Federal re- quirement for certain loans under section tions were introduced, read the first sources on the most serious offenders; to the 7(d) of the Small Business Act, to address as- and second times by unanimous con- Committee on the Judiciary. sistance to out-of-State small business con- sent, and referred as indicated: By Mr. FRANKEN (for himself and Mr. cerns, and for other purposes (Rept. No. 113– BOOZMAN): 84). By Mr. HOEVEN (for himself, Ms. MUR- S. 1411. A bill to specify requirements for By Mr. CARPER, from the Committee on KOWSKI, Mr. BOOZMAN, Mr. COCHRAN, the next update of the current strategic plan Homeland Security and Governmental Af- Mr. VITTER, Mr. CRAPO, Mr. BLUNT, for the Office of Rural Health of the Depart- fairs, without amendment: Mr. MANCHIN, Mr. WICKER, Mr. ROB- ment of Veterans Affairs for improving ac- H.R. 1171. A bill to amend title 40, United ERTS, and Mr. CHAMBLISS): cess to, and the quality of, health care serv- States Code, to improve veterans service or- S. 1401. A bill to provide for the develop- ices for veterans in rural areas; to the Com- ganizations access to Federal surplus per- ment of a plan to increase oil and gas explo- mittee on Veterans’ Affairs. sonal property. ration, development, and production under By Mrs. HAGAN (for herself and Mr. S. 233. A bill to designate the facility of oil and gas leases of Federal land, and for GRAHAM): the United States Postal Service located at other purposes; to the Committee on Energy S. 1412. A bill to provide the Department of 815 County Road 23 in Tyrone, New York, as and Natural Resources. Homeland Security, U.S. Customs and Bor- the ‘‘Specialist Christopher Scott Post Office By Mr. BOOZMAN: der Protection, and the Department of the Building’’. S. 1402. A bill to repeal the Federal estate Treasury with authority to more aggres- S. 668. A bill to designate the facility of and gift taxes; to the Committee on Finance. sively enforce customs and trade laws relat- the United States Postal Service located at By Mr. PRYOR (for himself and Ms. ing to textile and apparel articles, and for 14 Main Street in Brockport, New York, as AYOTTE): other purposes; to the Committee on Fi- the ‘‘Staff Sergeant Nicholas J. Reid Post S. 1403. A bill to amend title 49, United nance. Office Building’’. States Code, to direct the Assistant Sec- By Mr. PRYOR (for himself, Mr. S. 796. A bill to designate the facility of retary of Homeland Security (Transpor- BLUNT, Mr. FRANKEN, Mr. MORAN, and the United States Postal Service located at tation Security Administration) to facilitate Mr. COATS): 302 East Green Street in Champaign, Illinois, the screening of severely injured or disabled S. 1413. A bill to exempt from sequestra- tion certain fees of the Food and Drug Ad- as the ‘‘James R. Burgess Jr. Post Office members of the Armed Forces and severely ministration; to the Committee on the Budg- Building’’. injured or disabled veterans at airports, and et. S. 885. A bill to designate the facility of for other purposes; to the Committee on By Mr. WYDEN (for himself and Mr. the United States Postal Service located at Commerce, Science, and Transportation. MERKLEY): 35 Park Street in Danville, Vermont, as the By Mr. COBURN (for himself, Mr. PAUL, Ms. AYOTTE, Mr. BARRASSO, S. 1414. A bill to provide for the convey- ‘‘Thaddeus Stevens Post Office’’. ance of certain Federal land in the State of S. 1093. A bill to designate the facility of Mr. BLUNT, Mr. BOOZMAN, Mr. BURR, Mr. CHAMBLISS, Mr. COATS, Mr. Oregon to the Confederated Tribes of Coos, the United States Postal Service located at Lower Umpqua, and Siuslaw Indians; to the 130 Caldwell Drive in Hazlehurst, Mississippi, CORKER, Mr. CORNYN, Mr. CRAPO, Mr. CRUZ, Mr. ENZI, Mrs. FISCHER, Mr. Committee on Energy and Natural Re- as the ‘‘First Lieutenant Alvin Chester sources. Cockrell, Jr. Post Office Building’’. FLAKE, Mr. GRAHAM, Mr. GRASSLEY, Mr. HATCH, Mr. HELLER, Mr. INHOFE, By Mr. WYDEN (for himself and Mr. f Mr. ISAKSON, Mr. JOHNSON of Wis- MERKLEY): S. 1415. A bill to provide for the convey- consin, Mr. LEE, Mr. MCCAIN, Mr. EXECUTIVE REPORTS OF ance of certain Federal land in the State of MCCONNELL, Mr. MORAN, Mr. RISCH, COMMITTEES Oregon to the Cow Creek Band of Umpqua Mr. ROBERTS, Mr. RUBIO, Mr. SCOTT, Tribe of Indians; to the Committee on En- The following executive reports of Mr. SESSIONS, Mr. THUNE, Mr. ergy and Natural Resources. nominations were submitted: TOOMEY, Mr. VITTER, and Mr. By Mr. ROCKEFELLER: WICKER): By Mr. HARKIN for the Committee on S. 1416. A bill to protect miners from pneu- Health, Education, Labor, and Pensions. S. 1404. A bill to prohibit the consideration moconiosis (commonly known as black lung *Robert F. Cohen, Jr., of West Virginia, to of any bill by Congress unless the authority disease), and for other purposes; to the Com- be a Member of the Federal Mine Safety and provided by the Constitution of the United mittee on Health, Education, Labor, and Health Review Commission for a term of six States for the legislation can be determined Pensions. years expiring August 30, 2018. and is clearly specified; to the Committee on *William Ira Althen, of Virginia, to be a Rules and Administration. f Member of the Federal Mine Safety and By Mr. SCHUMER (for himself, Mr. SUBMISSION OF CONCURRENT AND Health Review Commission for a term of six ROBERTS, Mr. LEAHY, and Ms. LAN- SENATE RESOLUTIONS years expiring August 30, 2018. DRIEU): *Catherine Elizabeth Lhamon, of Cali- S. 1405. A bill to amend title XVIII of the The following concurrent resolutions fornia, to be Assistant Secretary for Civil Social Security Act to provide for an exten- and Senate resolutions were read, and Rights, Department of Education. sion of certain ambulance add-on payments referred (or acted upon), as indicated: *Harry R. Hoglander, of Massachusetts, to under the Medicare program; to the Com- By Mr. REED (for himself, Ms. MUR- be a Member of the National Mediation mittee on Finance. KOWSKI, Mr. BEGICH, Mrs. HAGAN, Mr. Board for a term expiring July 1, 2014. By Ms. AYOTTE (for herself and Mr. REID, Mr. WHITEHOUSE, Mr. CHAM- *Linda A. Puchala, of Maryland, to be a WARNER): BLISS, Mr. COCHRAN, Mr. WICKER, Mr. Member of the National Mediation Board for S. 1406. A bill to amend the Horse Protec- BLUMENTHAL, Mr. TESTER, Mr. BAU- a term expiring July 1, 2015. tion Act to designate additional unlawful CUS, Mr. MORAN, Mr. ISAKSON, Ms. *Nicholas Christopher Geale, of Virginia, acts under the Act, strengthen penalties for COLLINS, Mr. BLUNT, Mr. BURR, Mr. to be a Member of the National Mediation violations of the Act, improve Department of CASEY, and Mrs. MURRAY): Board for a term expiring July 1, 2016. Agriculture enforcement of the Act, and for S. Res. 207. A resolution designating Au- By Mr. CARPER for the Committee on other purposes; to the Committee on Com- gust 16, 2013, as ‘‘National Airborne Day’’; Homeland Security and Governmental Af- merce, Science, and Transportation. considered and agreed to. fairs. By Mr. CASEY (for himself and Mr. By Mr. CARDIN (for himself, Ms. COL- *Katherine Archuleta, of Colorado, to be RUBIO): LINS, Ms. WARREN, Mr. GRASSLEY, Mr. Director of the Office of Personnel Manage- S. 1407. A bill to amend the Elementary BROWN, Mr. ROCKEFELLER, and Mr. ment for a term of four years. and Secondary Education Act of 1965 to MURPHY): *John H. Thompson, of the District of Co- strengthen elementary and secondary com- S. Res. 208. A resolution designating the lumbia, to be Director of the Census for the puter science education, and for other pur- week beginning September 8, 2013, as ‘‘Na- remainder of the term expiring December 31, poses; to the Committee on Health, Edu- tional Direct Support Professionals Recogni- 2016. cation, Labor, and Pensions. tion Week’’; considered and agreed to.

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6127 By Ms. BALDWIN (for herself, Mr. (Mr. BLUNT) was added as a cosponsor sor of S. 562, a bill to amend title XVIII JOHNSON of Wisconsin, Mr. COONS, of S. 315, a bill to reauthorize and ex- of the Social Security Act to provide Mr. CORNYN, and Mrs. GILLIBRAND): tend the Paul D. Wellstone Muscular for the coverage of marriage and fam- S. Res. 209. A resolution remembering the anniversary of the tragic shooting on August Dystrophy Community Assistance, Re- ily therapist services and mental 5, 2012, at the Sikh Temple of Wisconsin in search, and Education Amendments of health counselor services under part B Oak Creek, Wisconsin; considered and agreed 2008. of the Medicare program, and for other to. S. 338 purposes. By Mr. LEAHY (for himself, Mr. At the request of Mr. BAUCUS, the S. 573 GRASSLEY, Mrs. FEINSTEIN, Mr. name of the Senator from Washington At the request of Ms. COLLINS, the HATCH, Mr. DURBIN, Mr. CORNYN, Mr. name of the Senator from Michigan WHITEHOUSE, Mr. BLUMENTHAL, and (Ms. CANTWELL) was added as a cospon- Ms. HIRONO): sor of S. 338, a bill to amend the Land (Mr. LEVIN) was added as a cosponsor of S. Res. 210. A resolution recognizing and and Water Conservation Fund Act of S. 573, a bill to amend title 40, United honoring Robert S. Mueller III, Director of 1965 to provide consistent and reliable States Code, to improve veterans serv- the Federal Bureau of Investigation; consid- authority for, and for the funding of, ice organizations access to Federal sur- ered and agreed to. the land and water conservation fund plus personal property. By Mr. RUBIO (for himself and Mr. S. 647 NELSON): to maximize the effectiveness of the S. Res. 211. A resolution designating Sep- fund for future generations, and for At the request of Mr. NELSON, the tember 2013 as ‘‘National Spinal Cord Injury other purposes. name of the Senator from Georgia (Mr. Awareness Month’’; considered and agreed S. 351 ISAKSON) was added as a cosponsor of S. to. 647, a bill to modify the prohibition on By Ms. LANDRIEU (for herself, Mr. At the request of Mr. CORNYN, the name of the Senator from North Caro- recognition by United States courts of HOEVEN, Mr. PRYOR, Mr. DONNELLY, certain rights relating to certain Mr. BEGICH, Ms. HEITKAMP, Mr. lina (Mrs. HAGAN) was added as a co- marks, trade names, or commercial THUNE, Mr. RISCH, Mr. CORNYN, Mr. sponsor of S. 351, a bill to repeal the JOHANNS, and Mr. BARRASSO): provisions of the Patient Protection names. S. Con. Res. 21. A concurrent resolution ex- and Affordable Care Act of providing S. 692 pressing the sense of Congress that construc- for the Independent Payment Advisory At the request of Mr. RUBIO, the tion of the Keystone XL pipeline and the name of the Senator from Ohio (Mr. Federal approvals required for the construc- Board. PORTMAN) was added as a cosponsor of tion of the Keystone XL pipeline are in the S. 381 S. 692, a bill to rescind certain Federal national interest of the United States; to the At the request of Mr. BROWN, the funds identified by States as unwanted Committee on Energy and Natural Re- names of the Senator from West Vir- sources. and use the funds to reduce the Federal ginia (Mr. ROCKEFELLER), the Senator debt. f from Colorado (Mr. BENNET), the Sen- S. 709 ADDITIONAL COSPONSORS ator from Hawaii (Ms. HIRONO) and the Senator from Pennsylvania (Mr. At the request of Ms. STABENOW, the S. 116 name of the Senator from New York CASEY) were added as cosponsors of S. At the request of Mr. REED, the name (Mr. SCHUMER) was added as a cospon- of the Senator from New York (Mr. 381, a bill to award a Congressional Gold Medal to the World War II mem- sor of S. 709, a bill to amend title XVIII SCHUMER) was added as a cosponsor of of the Social Security Act to increase S. 116, a bill to revise and extend provi- bers of the ‘‘Doolittle Tokyo Raiders’’, for outstanding heroism, valor, skill, diagnosis of Alzheimer’s disease and re- sions under the Garrett Lee Smith Me- lated dementias, leading to better care morial Act. and service to the United States in conducting the bombings of Tokyo. and outcomes for Americans living S. 153 with Alzheimer’s disease and related S. 422 At the request of Mr. BEGICH, the dementias. At the request of Mr. BLUMENTHAL, name of the Senator from New York S. 718 (Mr. SCHUMER) was added as a cospon- the name of the Senator from Alaska At the request of Mr. DURBIN, the (Ms. MURKOWSKI) was added as a co- sor of S. 153, a bill to amend section name of the Senator from Alaska (Mr. 520J of the Public Health Service Act sponsor of S. 422, a bill to amend the BEGICH) was added as a cosponsor of S. to authorize grants for mental health Department of Veterans Affairs Health 718, a bill to create jobs in the United first aid training programs. Care Programs Enhancement Act of States by increasing United States ex- S. 195 2001 and title 38, United States Code, to ports to Africa by at least 200 percent At the request of Mr. FRANKEN, the require the provision of chiropractic in real dollar value within 10 years, and name of the Senator from New York care and services to veterans at all De- for other purposes. (Mr. SCHUMER) was added as a cospon- partment of Veterans Affairs medical S. 809 sor of S. 195, a bill to amend the Public centers and to expand access to such At the request of Mrs. BOXER, the Health Service Act to revise and ex- care and services, and for other pur- names of the Senator from Vermont tend projects relating to children and poses. (Mr. LEAHY) and the Senator from New violence to provide access to school- S. 489 based comprehensive mental health Hampshire (Mrs. SHAHEEN) were added At the request of Mr. JOHANNS, his programs. as cosponsors of S. 809, a bill to amend name was added as a cosponsor of S. the Federal Food, Drug, and Cosmetic S. 203 489, a bill to amend the Tariff Act of At the request of Mr. PORTMAN, the Act to require that genetically engi- 1930 to increase and adjust for inflation neered food and foods that contain ge- name of the Senator from Missouri the maximum value of articles that (Mr. BLUNT) was added as a cosponsor netically engineered ingredients be la- may be imported duty-free by one per- beled accordingly. of S. 203, a bill to require the Secretary son on one day, and for other purposes. of the Treasury to mint coins in rec- S. 862 ognition and celebration of the Pro S. 496 At the request of Ms. AYOTTE, the Football Hall of Fame. At the request of Mr. INHOFE, the names of the Senator from Wisconsin S. 314 name of the Senator from Kansas (Mr. (Ms. BALDWIN), the Senator from Geor- At the request of Mr. MENENDEZ, his MORAN) was added as a cosponsor of S. gia (Mr. ISAKSON) and the Senator from name was added as a cosponsor of S. 496, a bill to direct the Administrator Illinois (Mr. KIRK) were added as co- 314, a bill to amend the Public Health of the Environmental Protection Agen- sponsors of S. 862, a bill to amend sec- Service Act to improve the health of cy to change the Spill Prevention, Con- tion 5000A of the Internal Revenue children and help better understand trol, and Countermeasure rule with re- Code of 1986 to provide an additional and enhance awareness about unex- spect to certain farms. religious exemption from the indi- pected sudden death in early life. S. 562 vidual health coverage mandate. S. 315 At the request of Mr. WYDEN, the S. 896 At the request of Ms. KLOBUCHAR, the name of the Senator from New York At the request of Mr. BEGICH, the name of the Senator from Missouri (Mr. SCHUMER) was added as a cospon- name of the Senator from Vermont

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6128 CONGRESSIONAL RECORD — SENATE July 31, 2013 (Mr. LEAHY) was added as a cosponsor Drinking Water Act to repeal a certain (Mr. SCHUMER) and the Senator from of S. 896, a bill to amend title II of the exemption for hydraulic fracturing, Georgia (Mr. ISAKSON) were added as Social Security Act to repeal the Gov- and for other purposes. cosponsors of S. 1251, a bill to establish ernment pension offset and windfall S. 1137 programs with respect to childhood, elimination provisions. At the request of Mr. WYDEN, the adolescent, and young adult cancer. S. 915 name of the Senator from Tennessee S. 1276 (Mr. ALEXANDER) was added as a co- At the request of Mr. WYDEN, the At the request of Mr. TESTER, the sponsor of S. 1137, a bill to amend title name of the Senator from Oregon (Mr. name of the Senator from Montana XVIII of the Social Security Act to MERKLEY) was added as a cosponsor of (Mr. BAUCUS) was added as a cosponsor modernize payments for ambulatory S. 915, a bill to amend the Higher Edu- of S. 1276, a bill to increase oversight of surgical centers under the Medicare cation Act of 1965 to update reporting the Revolving Fund of the Office of program, and for other purposes. requirements for institutions of higher Personnel Management, strengthen the S. 1155 education and provide for more accu- authority to terminate or debar em- At the request of Mr. TESTER, the rate and complete data on student re- ployees and contractors involved in name of the Senator from Alaska (Mr. tention, graduation, and earnings out- misconduct affecting the integrity of BEGICH) was added as a cosponsor of S. comes at all levels of postsecondary en- security clearance background inves- rollment. 1155, a bill to provide for advance ap- propriations for certain information tigations, enhance transparency re- S. 942 technology accounts of the Department garding the criteria utilized by Federal At the request of Mr. CASEY, the of Veterans Affairs, to include mental departments and agencies to determine name of the Senator from Louisiana health professionals in training pro- when a security clearance is required, (Ms. LANDRIEU) was added as a cospon- grams of the Department, and for other and for other purposes. sor of S. 942, a bill to eliminate dis- purposes. S. 1277 crimination and promote women’s S. 1181 At the request of Mrs. BOXER, the health and economic security by ensur- At the request of Mr. MENENDEZ, the name of the Senator from Massachu- ing reasonable workplace accommoda- name of the Senator from North Caro- setts (Ms. WARREN) was added as a co- tions for workers whose ability to per- lina (Mr. BURR) was added as a cospon- sponsor of S. 1277, a bill to establish a form the functions of a job are limited sor of S. 1181, a bill to amend the Inter- commission for the purpose of coordi- by pregnancy, childbirth, or a related nal Revenue Code of 1986 to exempt cer- nating efforts to reduce prescription medical condition. tain stock of real estate investment drug abuse, and for other purposes. S. 968 trusts from the tax on foreign invest- S. 1302 At the request of Mr. UDALL of Colo- ments in United States real property At the request of Mr. HARKIN, the rado, the name of the Senator from interests, and for other purposes. name of the Senator from Kansas (Mr. California (Mrs. FEINSTEIN) was added S. 1204 MORAN) was added as a cosponsor of S. as a cosponsor of S. 968, a bill to amend At the request of Mr. COBURN, the 1302, a bill to amend the Employee Re- the Federal Credit Union Act, to ad- name of the Senator from New Hamp- tirement Income Security Act of 1974 vance the ability of credit unions to shire (Ms. AYOTTE) was added as a co- and the Internal Revenue Code of 1986 promote small business growth and sponsor of S. 1204, a bill to amend the to provide for cooperative and small economic development opportunities, Patient Protection and Affordable Care employer charity pension plans. and for other purposes. Act to protect rights of conscience S. 1310 S. 1012 with regard to requirements for cov- At the request of Mr. PORTMAN, the At the request of Mr. BLUNT, the erage of specific items and services, to name of the Senator from Mississippi amend the Public Health Service Act name of the Senator from Georgia (Mr. CHAMBLISS) was added as a cosponsor of (Mr. COCHRAN) was added as a cospon- to prohibit certain abortion-related sor of S. 1012, a bill to amend title discrimination in governmental activi- S. 1310, a bill to require Senate con- XVIII of the Social Security Act to im- ties, and for other purposes. firmation of Inspector General of the prove operations of recovery auditors S. 1217 Bureau of Consumer Financial Protec- under the Medicare integrity program, At the request of Mr. CORKER, the tion, and for other purposes. to increase transparency and accuracy name of the Senator from West Vir- S. 1323 in audits conducted by contractors, ginia (Mr. MANCHIN) was added as a co- At the request of Mrs. FEINSTEIN, the and for other purposes. sponsor of S. 1217, a bill to provide sec- name of the Senator from Minnesota ondary mortgage market reform, and S. 1118 (Mr. FRANKEN) was added as a cospon- for other purposes. At the request of Mr. WYDEN, the sor of S. 1323, a bill to address the con- name of the Senator from Louisiana S. 1235 tinued threat posed by dangerous syn- At the request of Mr. TOOMEY, the (Ms. LANDRIEU) was added as a cospon- thetic drugs by amending the Con- name of the Senator from Arkansas sor of S. 1118, a bill to amend part E of trolled Substances Act relating to con- (Mr. BOOZMAN) was added as a cospon- title IV of the Social Security Act to trolled substance analogues. sor of S. 1235, a bill to restrict any better enable State child welfare agen- S. 1324 State or local jurisdiction from impos- cies to prevent sex trafficking of chil- ing a new discriminatory tax on cell At the request of Mr. BARRASSO, the dren and serve the needs of children phone services, providers, or property. names of the Senator from Idaho (Mr. who are victims of sex trafficking, and RISCH), the Senator from Mississippi S. 1250 for other purposes. (Mr. WICKER) and the Senator from At the request of Mr. WYDEN, the S. 1123 name of the Senator from Minnesota Utah (Mr. HATCH) were added as co- sponsors of S. 1324, a bill to prohibit At the request of Mr. CARPER, the (Ms. KLOBUCHAR) was added as a co- names of the Senator from Florida (Mr. sponsor of S. 1250, a bill to provide any regulations promulgated pursuant NELSON) and the Senator from New $50,000,000,000 in new transportation in- to a presidential memorandum relating Hampshire (Mrs. SHAHEEN) were added frastructure funding through bonding to power sector carbon pollution stand- as cosponsors of S. 1123, a bill to amend to empower States and local govern- ards from taking effect. titles XVIII and XIX of the Social Se- ments to complete significant infra- S. 1332 curity Act to curb waste, fraud, and structure projects across all modes of At the request of Ms. COLLINS, the abuse in the Medicare and Medicaid transportation, including roads, name of the Senator from New Hamp- programs. bridges, rail and transit systems, ports, shire (Mrs. SHAHEEN) was added as a co- S. 1135 and inland waterways, and for other sponsor of S. 1332, a bill to amend title At the request of Mr. CASEY, the purposes. XVIII of the Social Security Act to en- name of the Senator from New Jersey S. 1251 sure more timely access to home (Mr. MENENDEZ) was added as a cospon- At the request of Mr. REED, the health services for Medicare bene- sor of S. 1135, a bill to amend the Safe names of the Senator from New York ficiaries under the Medicare program.

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6129 S. 1335 gift taxes that punish America’s agri- a sentence if the sentence was previously im- At the request of Ms. MURKOWSKI, the culture producers and small business posed or previously reduced in accordance name of the Senator from North Caro- owners. According to a study by Doug- with the amendments made by sections 2 and 3 of the Fair Sentencing Act of 2010 (Public lina (Mr. BURR) was added as a cospon- las Holtz-Eakin, a former director of Law 111–220; 124 Stat. 2372) or if a motion sor of S. 1335, a bill to protect and en- the non-partisan Congressional Budget made under this section to reduce the sen- hance opportunities for recreational Office, repealing the death tax would tence was previously denied. Nothing in this hunting, fishing, and shooting, and for create 1.5 million additional small section shall be construed to require a court other purposes. business jobs and would decrease the to reduce any sentence pursuant to this sec- S. 1360 national unemployment rate by nearly tion. SEC. 4. SENTENCING MODIFICATIONS FOR CER- At the request of Mr. CARPER, the 1 percent. Mr. President, I ask unanimous con- TAIN DRUG OFFENSES. name of the Senator from New Hamp- (a) CONTROLLED SUBSTANCES ACT.—Section shire (Ms. AYOTTE) was added as a co- sent that the text of the bill be printed 401(b)(1) of the Controlled Substances Act (21 sponsor of S. 1360, a bill to amend the in the RECORD. U.S.C. 841(b)(1)) is amended— Improper Payments Elimination and There being no objection, the text of (1) in subparagraph (A), in the flush text Recovery Improvement Act of 2012, in- the bill was ordered to be printed in following clause (viii)— cluding making changes to the Do Not the RECORD, as follows: (A) by striking ‘‘10 years or more’’ and in- Pay initiative, for improved detection, S. 1402 serting ‘‘5 years or more’’; and (B) by striking ‘‘such person shall be sen- prevention, and recovery of improper Be it enacted by the Senate and House of Rep- tenced to a term of imprisonment which may payments to deceased individuals, and resentatives of the United States of America in not be less than 20 years and’’ and inserting for other purposes. Congress assembled, ‘‘such person shall be sentenced to a term of S. 1386 SECTION 1. SHORT TITLE. imprisonment which may not be less than 10 This Act may be cited as the ‘‘Death Tax At the request of Mr. MENENDEZ, the years and’’; and Repeal Act’’. name of the Senator from California (2) in subparagraph (B), in the flush text SEC. 2. REPEAL OF ESTATE AND GIFT TAXES. following clause (viii)— (Mrs. FEINSTEIN) was added as a co- (a) IN GENERAL.—Subtitle B of the Internal (A) by striking ‘‘5 years’’ and inserting ‘‘2 sponsor of S. 1386, a bill to provide for Revenue Code of 1986 (relating to estate, gift, years’’; and enhanced embassy security, and for and generation-skipping taxes) is hereby re- (B) by striking ‘‘not be less than 10 years’’ other purposes. pealed. and inserting ‘‘not be less than 5 years’’. S. 1392 (b) EFFECTIVE DATE.—The repeal made by (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT.—Section 1010(b) of the Con- At the request of Mrs. SHAHEEN, the subsection (a) shall apply to estates of dece- trolled Substances Import and Export Act (21 names of the Senator from Delaware dents dying, gifts made, and generation-skip- ping transfers made after the date of the en- U.S.C. 960(b)) is amended— (Mr. COONS), the Senator from Maine actment of this Act. (1) in paragraph (1), in the flush text fol- (Ms. COLLINS), the Senator from Vir- lowing subparagraph (H)— ginia (Mr. WARNER) and the Senator By Mr. DURBIN (for himself, Mr. (A) by striking ‘‘not less than 10 years’’ from New Hampshire (Ms. AYOTTE) LEE, and Mr. LEAHY): and inserting ‘‘not less than 5 years’’; and were added as cosponsors of S. 1392, a S. 1410. A bill to focus limited Fed- (B) by striking ‘‘such person shall be sen- bill to promote energy savings in resi- tenced to a term of imprisonment of not less eral resources on the most serious of- than 20 years’’ and inserting ‘‘such person dential buildings and industry, and for fenders; to the Committee on the Judi- shall be sentenced to a term of imprisonment other purposes. ciary. of not less than 10 years’’; and AMENDMENT NO. 1823 Mr. DURBIN. Mr. President, I ask (2) in paragraph (2), in the flush text fol- At the request of Mr. JOHNSON of Wis- unanimous consent that the text of the lowing subparagraph (H)— consin, the names of the Senator from bill be printed in the RECORD. (A) by striking ‘‘5 years’’ and inserting ‘‘2 Wisconsin (Ms. BALDWIN) and the Sen- There being no objection, the text of years’’; and (B) by striking ‘‘10 years’’ and inserting ‘‘5 ator from Oklahoma (Mr. INHOFE) were the bill was ordered to be printed in years’’. added as cosponsors of amendment No. the RECORD, as follows: SEC. 5. DIRECTIVE TO THE SENTENCING COMMIS- 1823 intended to be proposed to S. 1243, S. 1410 SION. an original bill making appropriations Be it enacted by the Senate and House of Rep- (a) DIRECTIVE TO SENTENCING COMMISSION.— for the Departments of Transportation, resentatives of the United States of America in Pursuant to its authority under section and Housing and Urban Development, Congress assembled, 994(p) of title 28, United States Code, and in accordance with this section, the United and related agencies for the fiscal year SECTION 1. SHORT TITLE. States Sentencing Commission shall review ending September 30, 2014, and for This Act may be cited as the ‘‘Smarter and amend, if appropriate, its guidelines and Sentencing Act of 2013’’. other purposes. its policy statements applicable to persons f SEC. 2. APPLICABILITY OF STATUTORY MINI- convicted of an offense under section 401 of MUMS. the Controlled Substances Act (21 U.S.C. 841) STATEMENTS ON INTRODUCED Section 3553(f)(1) of title 18, United States or section 1010 of the Controlled Substances BILLS AND JOINT RESOLUTIONS Code, is amended by striking ‘‘defendant’’ Import and Export Act (21 U.S.C. 960) to en- By Mr. BOOZMAN: and all that follows through ‘‘point’’ and in- sure that the guidelines and policy state- serting ‘‘criminal history category for the ments are consistent with the amendments S. 1402. A bill to repeal the Federal defendant is not higher than category 2’’. estate and gift taxes; to the Committee made by sections 2 and 4 of this Act and re- SEC. 3. CLARIFICATION OF APPLICABILITY OF flect the intent of Congress that such pen- on Finance. THE FAIR SENTENCING ACT. alties be decreased in accordance with the Mr. President, part of the American (a) DEFINITION OF COVERED OFFENSE.—In amendments made by section 4 of this Act. Dream is to build an inheritance that this section, the term ‘‘covered offense’’ (b) CONSIDERATIONS.—In carrying out this will benefit our future generations. The means a violation of a Federal criminal stat- section, the United States Sentencing Com- death tax works against that idea by ute, the statutory penalties for which were mission shall consider— making planning and passing on family modified by section 2 or 3 of the Fair Sen- (1) the mandate of the United States Sen- farms and businesses to the next gen- tencing Act of 2010 (Public Law 111–220; 124 tencing Commission, under section 994(g) of Stat. 2372), that was committed before Au- title 28, United States Code, to formulate the eration even more difficult. Often gust 3, 2010. sentencing guidelines in such a way as to times the cost is too much to absorb (b) DEFENDANTS PREVIOUSLY SENTENCED.— ‘‘minimize the likelihood that the Federal and families end up spending their A court that imposed a sentence for a cov- prison population will exceed the capacity of hard-earned money on attorney fees, ered offense, may, on motion of the defend- the Federal prisons’’; selling their land or business and its ant, the Director of the Bureau of Prisons, (2) the findings and conclusions of the assets, or laying off workers just to the attorney for the Government, or the United States Sentencing Commission in its pay Uncle Sam. We need to eliminate court, impose a reduced sentence as if sec- October 2011 report to Congress entitled, polices like the death tax that create tions 2 and 3 of the Fair Sentencing Act of Mandatory Minimum Penalties in the Fed- 2010 (Public Law 111–220; 124 Stat. 2372) were eral Criminal Justice System; unnecessary burdens on our agriculture in effect at the time the covered offense was (3) the fiscal implications of any amend- community and family businesses. The committed. ments or revisions to the sentencing guide- Death Tax Repeal Act would perma- (c) LIMITATIONS.—No court shall entertain lines or policy statements made by the nently eliminate the federal estate and a motion made under this section to reduce United States Sentencing Commission;

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6130 CONGRESSIONAL RECORD — SENATE July 31, 2013 (4) the relevant public safety concerns in- policies toward Native peoples and gov- given back any of their former land volved in the considerations before the ernments shifted with the political from which they can exercise their in- United States Sentencing Commission; tides of those times. If you examine herent authority as sovereigns. My (5) the intent of Congress that penalties for history books, some of the darkest epi- bills would provide home bases for violent and serious drug traffickers who these tribes from which they can flour- present public safety risks remain appro- sodes in our history can be found in the priately severe; and chapters written about our federal gov- ish. (6) the need to reduce and prevent racial ernment’s treatment of the first Amer- The bills I am introducing today con- disparities in Federal sentencing. icans. vey 17,826 and 14,804 acres of land that (c) EMERGENCY AUTHORITY.—The United Our Nation’s past is littered with is now managed by the Bureau of Land States Sentencing Commission shall— failed policies toward its first peoples, Management, to the Secretary of the (1) promulgate the guidelines, policy state- and one of those failed policies—that to Interior to hold in trust for the Cow ments, or amendments provided for in this which scholars refer to as, ‘‘Termi- Creek Band of Umpqua Tribe of Indians Act as soon as practicable, and in any event nation’’—had a profoundly negative and the Confederated Tribes of Coos, not later than 120 days after the date of en- Lower Umpqua, and Siuslaw Indians, actment of this Act, in accordance with the impact on my State. During the 1950’s, procedure set forth in section 21(a) of the the federal government was not in the respectively. The bills specify that Sentencing Act of 1987 (28 U.S.C. 994 note), as business of honoring the treaties it commercial forestry activities taking though the authority under that Act had not made with the Indian tribes nor was it place on the land must be done pursu- expired; and interested in living up to its trust re- ant to all applicable federal laws, and (2) pursuant to the emergency authority sponsibility toward its first peoples. because both of the tribes already own provided under paragraph (1), make such Importantly, and as an aside, the tribes casinos, they specify that the land can- conforming amendments to the Federal sen- had bargained for these rights in ex- not be used for gaming purposes. Last- tencing guidelines as the Commission deter- change for the millions of acres of ly, to address the concerns of counties mines necessary to achieve consistency with over lost timber revenues from the Or- other guideline provisions and applicable lands ceded to the United States to en- law. able our westward expansion. At that egon and California Railroad lands SEC. 6. REPORT BY ATTORNEY GENERAL. time, our official Federal stance was within the conveyances, the bills con- Not later than 6 months after the date of focused on terminating the govern- tain provisions ensuring there will be enactment of this Act, the Attorney General ment-to-government relationships be- no net loss of O&C lands to the coun- shall submit to the Committees on the Judi- tween tribal governments and the ties. ciary of the House of Representatives and United States. In my own State of Or- I want to thank the tribes, counties, the Senate a report outlining how the re- egon, several tribes west of the Cascade and other stakeholders for working to- duced expenditures on Federal corrections gether to find the common ground and the cost savings resulting from this Act Mountains were terminated, including the two that are the subjects of the which made these bills a reality. will be used to help reduce overcrowding in Mr. President, I ask unanimous con- the Federal Bureau of Prisons, help increase bills I am introducing today. The Ter- proper investment in law enforcement and mination Era had tragic effects on sent that the text of the bills be print- crime prevention, and help reduce criminal those tribes that lost Federal recogni- ed in the RECORD. There being no objection, the text of recidivism, thereby increasing the effective- tion. Members of terminated tribes the bills were ordered to be printed in ness of Federal criminal justice spending. struggled to retain their cultural and the RECORD, as follows: religious identities and to survive in a By Mr. WYDEN (for himself and S. 1414 new landscape in which federal pro- Mr. MERKLEY): Be it enacted by the Senate and House of Rep- S. 1414. A bill to provide for the con- grams for their health, education, and resentatives of the United States of America in veyance of certain Federal land in the housing did not exist. Congress assembled, State of Oregon to the Confederated The Termination Era was such a dis- SECTION 1. SHORT TITLE. Tribes of Coos, Lower Umpqua, and aster that the Federal Government for- This Act may be cited as the ‘‘Oregon Siuslaw Indians; to the Committee on mally rebuked it a mere twenty years Coastal Land Conveyance Act’’. Energy and Natural Resources. later when Presidents Johnson an SEC. 2. DEFINITIONS. Mr. WYDEN. Mr. President, today I Nixon ushered in the Self-Determina- In this Act: rise to introduce two bills that are tion Era. Now, our Federal stance to- (1) FEDERAL LAND.—The term ‘‘Federal aimed at righting past wrongs and fos- ward tribes is one that respects tribal land’’ means the approximately 14,804 acres sovereignty and supports a tribe’s right of Federal land, as generally depicted on the tering the self-sufficiency of proud na- map entitled ‘‘Oregon Coastal Land Convey- tions. The Canyon Mountain Land Con- to determine its own destiny while at ance’’, and dated March 27, 2013. veyance Act of 2013 and the Oregon the same time, fulfilling our duty as (2) PLANNING AREA.—The term ‘‘planning Coastal Land Conveyance Act will pro- trustee to the various tribes. Our Fed- area’’ means land— vide homelands for the Cow Creek Band eral policy of self-determination has (A) administered by the Director of the Bu- of Umpqua Tribe of Indians and the been lauded by scholars as being the reau of Land Management; and Confederated Tribes of Coos, Lower only Federal Indian policy that has (B) located in— Umpqua, and Siuslaw Indians, respec- succeeded in benefitting our native (i) the Coos Bay District; tively—two tribes that are currently peoples. Self-Determination Era poli- (ii) the Eugene District; (iii) the Medford District; without a land base or that have only cies have resulted in an economic boom (iv) the Roseburg District; a nominal land base. I am pleased to be all over Indian Country as tribes have (v) the Salem District; and joined in this effort by my friend and used Federal assistance to create jobs (vi) the Klamath Falls Resource Area of colleague, Senator MERKLEY. for Indians and non-Indians alike all the Lakeview District. Our country’s official policies toward across the Nation, much of the time in (3) DEFINITION OF PUBLIC DOMAIN LAND.— its native peoples have changed over rural areas where economic opportuni- (A) IN GENERAL.—In this subsection, the time since the founding of the United ties would otherwise not exist. Many of term ‘‘public domain land’’ has the meaning States. When European settlers came the tribes in my State, for instance, given the term ‘‘public lands’’ in section 103 to American shores, they recognized of the Federal Land Policy and Management have been able to build their econo- Act of 1976 (43 U.S.C. 1702). that the lands on which our Nation mies, become more self-sufficient and (B) EXCLUSION.—The term ‘‘public domain now sits were occupied by millions of provide valuable goods and services as land’’ does not include any land managed in people organized by hundreds of gov- well as jobs to surrounding community accordance with the Act of August 28, 1937 ernments, and these European colonial members. (50 Stat. 874, chapter 876; 43 U.S.C. 1181a et powers respected these governments as For a tribe to fully exercise its gov- seq.). fellow sovereigns. In the late 1700’s, ernmental powers—to protect and nur- (4) SECRETARY.—The term ‘‘Secretary’’ when our great Nation was born, it fol- ture its members, to retain its cultural means the Secretary of the Interior. lowed suit, making treaties with the and religious heritage, and to grow its (5) TRIBE.—The term ‘‘Tribe’’ means the Confederated Tribes of Coos, Lower Umpqua, governments of the various tribes and economy—it needs a land base. Even and Siuslaw Indians. aiming to get along with them to en- though the Cow Creek and Coos tribes SEC. 3. CONVEYANCE. sure peace and prosperity for all. As were restored to Federal recognition in (a) IN GENERAL.—Subject to valid existing our Nation became more powerful, its the 1980’s, they still have not been rights, including rights-of-way, all right,

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6131 title, and interest of the United States in S. 1415 the export of unprocessed logs harvested and to the Federal land, including any im- Be it enacted by the Senate and House of Rep- from Federal land shall apply to any unproc- provements located on the Federal land, ap- resentatives of the United States of America in essed logs that are harvested from the Fed- purtenances to the Federal land, and min- Congress assembled, eral land. erals on or in the Federal land, including oil SECTION 1. SHORT TITLE. (2) NON-PERMISSIBLE USE OF LAND.—Any and gas, shall be— This Act may be cited as the ‘‘Canyon real property taken into trust under section (1) held in trust by the United States for Mountain Land Conveyance Act of 2013’’. 3 shall not be eligible, or used, for any gam- the benefit of the Tribe; and ing activity carried out under Public Law (2) part of the reservation of the Tribe. SEC. 2. DEFINITIONS. 100–497 (25 U.S.C. 2701 et seq.). In this Act: (b) SURVEY.—Not later than 180 days after SEC. 6. FOREST MANAGEMENT. the date of enactment of this Act, the Sec- (1) FEDERAL LAND.—The term ‘‘Federal land’’ means the approximately 17,826 acres Any commercial forestry activity that is retary shall complete a survey of the bound- carried out on the Federal land shall be man- ary lines to establish the boundaries of the of Federal land, as generally depicted on the aged in accordance with all applicable Fed- land taken into trust under subsection (a). map entitled ‘‘Canyon Mountain Land Con- eral laws. SEC. 4. MAP AND LEGAL DESCRIPTION. veyance’’, and dated June 27, 2013. SEC. 7. LAND RECLASSIFICATION. (a) IN GENERAL.—As soon as practicable (2) PLANNING AREA.—The term ‘‘planning after the date of enactment of this Act, the area’’ means land— (a) IDENTIFICATION OF OREGON AND CALI- Secretary shall file a map and legal descrip- (A) administered by the Director of the Bu- FORNIA RAILROAD LAND.—Not later than 180 tion of the Federal land with— reau of Land Management; and days after the date of enactment of this Act, (1) the Committee on Energy and Natural (B) located in— the Secretary of Agriculture and the Sec- Resources of the Senate; and (i) the Coos Bay District; retary shall identify any land owned by the (2) the Committee on Natural Resources of (ii) the Eugene District; Oregon and California Railroad that is con- the House of Representatives. (iii) the Medford District; veyed under section 3. (b) FORCE AND EFFECT.—The map and legal (iv) the Roseburg District; (b) IDENTIFICATION OF PUBLIC DOMAIN description filed under subsection (a) shall (v) the Salem District; and LAND.—Not later than 18 months after the have the same force and effect as if included (vi) the Klamath Falls Resource Area of date of enactment of this Act, the Secretary in this Act, except that the Secretary may the Lakeview District. shall identify public domain land that— correct any clerical or typographical errors (3) DEFINITION OF PUBLIC DOMAIN LAND.— (1) is approximately equal in acreage and in the map or legal description. (A) IN GENERAL.—In this subsection, the condition as the land identified under sub- (c) PUBLIC AVAILABILITY.—The map and term ‘‘public domain land’’ has the meaning section (a); and legal description filed under subsection (a) given the term ‘‘public lands’’ in section 103 (2) is located within the planning area. shall be on file and available for public in- of the Federal Land Policy and Management (c) MAPS.—Not later than 2 years after the spection in the Office of the Secretary. Act of 1976 (43 U.S.C. 1702). date of enactment of this Act, the Secretary SEC. 5. ADMINISTRATION. (B) EXCLUSION.—The term ‘‘public domain shall submit to Congress and publish in the (a) IN GENERAL.—Unless expressly provided land’’ does not include any land managed in Federal Register 1 or more maps depicting in this Act, nothing in this Act affects any accordance with the Act of August 28, 1937 the land identified in subsections (a) and (b). right or claim of the Tribe existing on the (50 Stat. 874, chapter 876; 43 U.S.C. 1181a et (d) RECLASSIFICATION.— date of enactment of this Act to any land or seq.). (1) IN GENERAL.—After providing an oppor- interest in land. (4) SECRETARY.—The term ‘‘Secretary’’ tunity for public comment, the Secretary (b) PROHIBITIONS.— means the Secretary of the Interior. shall reclassify the land identified in sub- (1) EXPORTS OF UNPROCESSED LOGS.—Fed- (5) TRIBE.—The term ‘‘Tribe’’ means the section (b) as land owned by the Oregon and eral law (including regulations) relating to Cow Creek Band of Umpqua Tribe of Indians. California Railroad. the export of unprocessed logs harvested SEC. 3. CONVEYANCE. (2) APPLICABILITY.—The Act of August 28, from Federal land shall apply to any unproc- (a) IN GENERAL.—Subject to valid existing 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 1181a essed logs that are harvested from the Fed- rights, including rights-of-way, all right, et seq.) shall apply to land reclassified as eral land. title, and interest of the United States in land owned by the Oregon and California (2) NON-PERMISSIBLE USE OF LAND.—Any and to the Federal land, including any im- Railroad under paragraph (1)(B). real property taken into trust under section provements located on the Federal land, ap- f 3 shall not be eligible, or used, for any gam- purtenances to the Federal land, and min- ing activity carried out under Public Law erals on or in the Federal land, including oil SUBMITTED RESOLUTIONS 100–497 (25 U.S.C. 2701 et seq.). and gas, shall be— SEC. 6. FOREST MANAGEMENT. (1) held in trust by the United States for Any commercial forestry activity that is the benefit of the Tribe; and SENATE RESOLUTION 207—DESIG- carried out on the Federal land shall be man- (2) part of the reservation of the Tribe. NATING AUGUST 16, 2013, AS ‘‘NA- aged in accordance with all applicable Fed- (b) SURVEY.—Not later than 180 days after TIONAL AIRBORNE DAY’’ eral laws. the date of enactment of this Act, the Sec- SEC. 7. LAND RECLASSIFICATION. retary shall complete a survey of the bound- Mr. REED of Rhode Island (for him- (a) IDENTIFICATION OF OREGON AND CALI- ary lines to establish the boundaries of the self, Ms. MURKOWSKI, Mr. BEGICH, Mrs. FORNIA RAILROAD LAND.—Not later than 180 land taken into trust under subsection (a). HAGAN, Mr. REID of Nevada, Mr. WHITE- days after the date of enactment of this Act, SEC. 4. MAP AND LEGAL DESCRIPTION. HOUSE, Mr. CHAMBLISS, Mr. COCHRAN, the Secretary of Agriculture and the Sec- (a) IN GENERAL.—As soon as practicable retary shall identify any land owned by the Mr. WICKER, Mr. BLUMENTHAL, Mr. after the date of enactment of this Act, the Oregon and California Railroad that is con- TESTER, Mr. BAUCUS, Mr. MORAN, Mr. Secretary shall file a map and legal descrip- veyed under section 3. ISAKSON, Ms. COLLINS, Mr. BLUNT, Mr. tion of the Federal land with— (b) IDENTIFICATION OF PUBLIC DOMAIN BURR, Mr. CASEY, and Mrs. MURRAY) (1) the Committee on Energy and Natural LAND.—Not later than 18 months after the Resources of the Senate; and submitted the following resolution; date of enactment of this Act, the Secretary which was considered and agreed to: shall identify public domain land that— (2) the Committee on Natural Resources of S. RES. 207 (1) is approximately equal in acreage and the House of Representatives. condition as the land identified under sub- (b) FORCE AND EFFECT.—The map and legal Whereas the members of the airborne section (a); and description filed under subsection (a) shall forces of the Armed Forces of the United (2) is located within the planning area. have the same force and effect as if included States have a long and honorable history as (c) MAPS.—Not later than 2 years after the in this Act, except that the Secretary may bold and fierce warriors who, for the na- date of enactment of this Act, the Secretary correct any clerical or typographical errors tional security of the United States and the shall submit to Congress and publish in the in the map or legal description. defense of freedom and peace, project the Federal Register 1 or more maps depicting (c) PUBLIC AVAILABILITY.—The map and ground combat power of the United States the land identified in subsections (a) and (b). legal description filed under subsection (a) by air transport to the far reaches of the bat- (d) RECLASSIFICATION.— shall be on file and available for public in- tle area and to the far corners of the world; (1) IN GENERAL.—After providing an oppor- spection in the Office of the Secretary. Whereas the experiment of the United tunity for public comment, the Secretary SEC. 5. ADMINISTRATION. States with airborne operations began on shall reclassify the land identified in sub- (a) IN GENERAL.—Unless expressly provided June 25, 1940, when the Army Parachute Test section (b) as land owned by the Oregon and in this Act, nothing in this Act affects any Platoon was first authorized by the Depart- California Railroad. right or claim of the Tribe existing on the ment of War, and 48 volunteers began train- (2) APPLICABILITY.—The Act of August 28, date of enactment of this Act to any land or ing in July 1940; 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 1181a interest in land. Whereas August 16 marks the anniversary et seq.) shall apply to land reclassified as (b) PROHIBITIONS.— of the first official Army parachute jump, land owned by the Oregon and California (1) EXPORTS OF UNPROCESSED LOGS.—Fed- which took place on August 16, 1940, to test Railroad under paragraph (1)(B). eral law (including regulations) relating to the innovative concept of inserting United

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6132 CONGRESSIONAL RECORD — SENATE July 31, 2013 States ground combat forces behind a battle (2) calls on the people of the United States support provided to individuals with disabil- line by means of a parachute; to observe National Airborne Day with ap- ities: Now, therefore, be it Whereas the success of the Army Para- propriate programs, ceremonies, and activi- Resolved, That the Senate— chute Test Platoon in the days immediately ties. (1) designates the week beginning Sep- before the entry of the United States into f tember 8, 2013, as ‘‘National Direct Support World War II validated the airborne oper- Professionals Recognition Week’’; ational concept and led to the creation of a SENATE RESOLUTION 208—DESIG- (2) recognizes the dedication and vital role formidable force of airborne formations that NATING THE WEEK BEGINNING of direct support professionals in enhancing included the 11th, 13th, 17th, 82nd, and 101st SEPTEMBER 8, 2013, AS ‘‘NA- the lives of individuals of all ages with dis- Airborne Divisions; TIONAL DIRECT SUPPORT PRO- abilities; Whereas, included in those divisions, and FESSIONALS RECOGNITION (3) appreciates the contribution of direct among other separate formations, were support professionals in supporting the needs many airborne combat, combat support, and WEEK’’ that are beyond the capacities of millions of combat service support units that served Mr. CARDIN (for himself, Ms. COL- families in the United States; with distinction and achieved repeated suc- LINS, Ms. WARREN, Mr. GRASSLEY, Mr. (4) commends direct support professionals cess in armed hostilities during World War BROWN, Mr. ROCKEFELLER, and Mr. as integral in supporting the long-term sup- II, and provide the lineage and legacy of port and services system of the United MURPHY) submitted the following reso- many airborne units throughout the Armed States; and Forces; lution; which was considered and (5) finds that the successful implementa- Whereas the achievements of the airborne agreed to: tion of the public policies of the United units during World War II prompted the evo- S. RES. 208 States depends on the dedication of direct lution of those units into a diversified force Whereas direct support professionals, di- support professionals. of parachute and air-assault units that, over rect care workers, personal assistants, per- the years, have fought in Korea, Vietnam, sonal attendants, in-home support workers, f Grenada, Panama, the Persian Gulf region, and paraprofessionals (referred to in this pre- and Somalia, and have engaged in peace- amble as ‘‘direct support professionals’’) are SENATE RESOLUTION 209—REMEM- keeping operations in Lebanon, the Sinai Pe- the primary providers of publicly funded BERING THE ANNIVERSARY OF ninsula, the Dominican Republic, Haiti, Bos- long-term supports and services for millions THE TRAGIC SHOOTING ON AU- nia, and Kosovo; of individuals; GUST 5, 2012, AT THE SIKH TEM- Whereas, since the terrorist attacks of Whereas a direct support professional must September 11, 2001, the members of the PLE OF WISCONSIN IN OAK build a close, trusted relationship with an in- CREEK, WISCONSIN United States airborne forces, including dividual with disabilities; members of the XVIII Airborne Corps, the Whereas a direct support professional as- Ms. BALDWIN (for herself, Mr. JOHN- 82nd Airborne Division, the 101st Airborne sists an individual with disabilities with the SON of Wisconsin, Mr. COONS, Mr. COR- Division, the 173rd Airborne Brigade Combat most intimate needs on a daily basis; NYN, and Mrs. GILLIBRAND) submitted Team, the 4th Brigade Combat Team (Air- Whereas direct support professionals pro- borne) of the 25th Infantry Division, the 75th the following resolution; which was vide a broad range of support, including— considered and agreed to.: Ranger Regiment, special operations forces (1) preparing meals; of the Army, Marine Corps, Navy, and Air (2) managing medications; S. RES. 209 Force, and other units of the Armed Forces, (3) bathing; Whereas, on Sunday, August 5, 2012, a have demonstrated bravery and honor in (4) dressing; shooting took place at the Sikh Temple of combat, stability, and training operations in (5) helping with mobility; Wisconsin in Oak Creek, Wisconsin; Afghanistan and Iraq; (6) providing transportation to school, Whereas 6 innocent people of the United Whereas the modern-day airborne forces work, and religious, and recreational activi- States, including one woman and 5 men, lost also include other elite forces composed of ties; and their lives on that day in a senseless and vio- airborne trained and qualified special oper- (7) helping with general daily affairs; lent act of hate at a house of worship; ations warriors, including Army Special Whereas a direct support professional pro- Whereas 3 people sustained serious inju- Forces, Marine Corps Reconnaissance units, vides essential support to help keep an indi- ries, including Lieutenant Brian Murphy, the Navy SEALs, and Air Force combat control vidual with disabilities connected to the first responding officer; and pararescue teams; family and community of the individual; Whereas many members of the Sikh com- Whereas, of the members and former mem- Whereas direct support professionals en- munity and the community as a whole self- bers of the United States airborne forces, able individuals with disabilities to live lessly sought to aid and protect others by thousands have achieved the distinction of meaningful, productive lives; putting their own safety at risk; making combat jumps, dozens have earned Whereas a direct support professional is Whereas the heroic action of law enforce- the Medal of Honor, and hundreds have the key to allowing an individual with dis- ment officers such as Officer Sam Lenda pre- earned the Distinguished Service Cross, the abilities to live successfully in the commu- vented additional loss of life; and Silver Star, or other decorations and awards nity and avoid more costly institutional Whereas the Sikh community has re- for displays of heroism, gallantry, intre- care; sponded to the shooting in a peaceful manner pidity, and valor; Whereas the majority of direct support consistent with the Sikh religious tenets of Whereas the members and former members professionals are female, and many are the peace and equality: Now, therefore, be it of the United States airborne forces are all sole breadwinners of their families; Resolved, That the Senate— members of a proud and honorable tradition Whereas direct support professionals work (1) remembers the anniversary of the trag- that, together with the special skills and and pay taxes, but many are impoverished ic shooting on August 5, 2012, at the Sikh achievements of those members, distin- and are eligible for the same Federal and Temple of Wisconsin in Oak Creek, Wis- guishes the members as intrepid combat State public assistance programs on which consin; parachutists, air assault forces, special oper- the individuals with disabilities served by (2) condemns in the strongest possible ation forces, and, in the past, glider troops; the direct support professionals must de- terms that horrific shooting; Whereas individuals from every State in pend; (3) condemns hatred and acts of violence the United States have served gallantly in Whereas Federal and State policies, as well towards racial and religious groups and calls the airborne forces, and each State is proud as the Supreme Court in Olmstead v. L.C., for renewed efforts to end that violence; of the contributions of its paratrooper vet- 527 U.S. 581 (1999), assert the right of an indi- (4) honors the memory of Suveg Singh erans during the many conflicts faced by the vidual to live in the home and community of Khattra, Satwant Singh Kaleka, Ranjit United States; the individual; Singh, Sita Singh, Paramjit Kaur, and Whereas the history and achievements of Whereas, in 2013, the majority of direct Prakash Singh, who died in the shooting; the members and former members of the support professionals are employed in home- (5) offers heartfelt condolences to the fami- United States airborne forces warrant spe- and community-based settings, and this lies, friends, and loved ones of those who died cial expressions of the gratitude of the peo- trend is projected to increase during this in the shooting; ple of the United States; and decade; (6) commends the heroism of first respond- Whereas, since the airborne forces, past Whereas there is a documented critical and ers, and members of the community who and present, celebrate August 16 as the anni- growing shortage of direct support profes- courageously and selflessly placed their lives versary of the first official jump by the sionals in every community throughout the in danger to prevent the death of more inno- Army Parachute Test Platoon, August 16 is United States; and cent people; and an appropriate day to recognize as National Whereas many direct support professionals (7) stands with those who plan to gather in Airborne Day: Now, therefore, be it are forced to leave jobs due to inadequate Oak Creek on August 2 through August 5, Resolved, That the Senate— wages and benefits, creating high turnover 2013, to memorialize the lives lost in the (1) designates August 16, 2013, as ‘‘National and vacancy rates that research dem- shooting and to continue healing as a com- Airborne Day’’; and onstrates adversely affects the quality of munity.

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6133 SENATE RESOLUTION 210—RECOG- Director of the Federal Bureau of Investiga- products provide the foundation of the en- NIZING AND HONORING ROBERT tion; and ergy economy of the United States, helping S. MUELLER, III, DIRECTOR OF (2) expresses, on behalf of the United to secure and advance the economic pros- States, its deep appreciation to Director perity, national security, and overall quality THE FEDERAL BUREAU OF IN- Mueller for his dedication, sacrifice, and out- of life in the United States; VESTIGATION standing service to his country. Whereas the Keystone XL pipeline would Mr. LEAHY (for himself, Mr. GRASS- f provide short- and long-term employment LEY, Mrs. FEINSTEIN, Mr. HATCH, Mr. opportunities and related labor income bene- SENATE RESOLUTION 211—DESIG- fits, such as government revenues associated DURBIN, Mr. CORNYN, Mr. WHITEHOUSE, NATING SEPTEMBER 2013 AS with taxes; Mr. BLUMENTHAL, and Ms. HIRONO) sub- ‘‘NATIONAL SPINAL CORD IN- Whereas the State of Nebraska has thor- mitted the following resolution; which JURY AWARENESS MONTH’’ oughly reviewed and approved the proposed was considered and agreed to: Keystone XL pipeline reroute, concluding Mr. RUBIO (for himself and Mr. NEL- S. RES. 210 that the concerns of Nebraskans have had a SON) submitted the following resolu- major influence on the pipeline reroute and Whereas Robert S. Mueller, III has enjoyed tion; which was considered and agreed a long and distinguished career in public that the reroute will have minimal environ- mental impacts; service as a military officer, as a prosecutor, to: Whereas the Department of State and and as the sixth Director of the Federal Bu- S. RES. 211 other Federal agencies have conducted ex- reau of Investigation (referred to in this pre- Whereas the estimated 1,275,000 individuals tensive studies and analysis over a long pe- amble as the ‘‘FBI’’); in the United States who live with a spinal riod of time on the technical, environmental, Whereas Director Mueller received his un- cord injury cost society billions of dollars in social, and economic impact of the proposed dergraduate degree from Princeton Univer- health care costs and lost wages; Keystone XL pipeline; sity, a master’s degree in International Rela- Whereas an estimated 100,000 of those peo- Whereas assessments by the Department of tions from New York University, and a juris ple are veterans who suffered the spinal cord State found that the Keystone XL pipeline is doctor from the University of Virginia; injury while serving as members of the Armed Forces of the United States; ‘‘not likely to impact the amount of crude Whereas Director Mueller served with oil produced from the oil sands’’ and that bravery in the United States Marine Corps Whereas accidents are the leading cause of spinal cord injuries; ‘‘approval or denial of the proposed Project during the Vietnam War, leading a rifle pla- is unlikely to have a substantial impact on toon of the 3rd Marine Division and earning Whereas motor vehicle crashes are the sec- ond leading cause of spinal cord and trau- the rate of development in the oil sands’’; the Bronze Star, 2 Navy Commendation Med- Whereas the Department of State found als, the Purple Heart, and the Vietnamese matic brain injuries; Whereas 70 percent of all spinal cord inju- that the incremental life cycle greenhouse Cross of Gallantry; gas emissions associated with the Keystone Whereas Director Mueller began his career ries that occur in children under the age of 18 are a result of motor vehicle accidents; XL project are estimated in the range of 0.07 in law enforcement in 1976 as an Assistant to 0.83 million metric tons of carbon dioxide United States Attorney in the United States Whereas every 48 minutes a person will be- come paralyzed, underscoring the urgent equivalents, with the upper end of this range Attorney’s Office for the Northern District representing 12/1,000 of 1 percent of the of California in San Francisco, and then need to develop new neuroprotection, phar- macological, and regeneration treatments to 6,702,000,000 metric tons of carbon dioxide served as an Assistant United States Attor- emitted in the United States in 2011; ney for the District of Massachusetts in Bos- reduce, prevent, and reverse paralysis; and Whereas increased education and invest- Whereas after extensive evaluation of po- ton; tential impact to land and water resources Whereas Director Mueller later served in a ment in research are key factors in improv- ing outcomes for victims of spinal cord inju- along the 875-mile proposed route of the Key- variety of other positions in the Department stone XL pipeline, the Department of State of Justice, including as a senior litigator in ries, improving the quality of life of victims, and ultimately curing paralysis: Now, there- found, ‘‘The analyses of potential impacts the Homicide Section of the United States associated with construction and normal op- Attorney’s Office for the District of Colum- fore, be it Resolved, That the Senate— eration of the proposed Project suggest that bia, assistant to Attorney General Richard (1) designates September 2013 as ‘‘National there would be no significant impacts to L. Thornburgh, and Assistant Attorney Gen- Spinal Cord Injury Awareness Month’’; most resources along the proposed Project eral for the Criminal Division; (2) supports the goals and ideals of Na- route (assuming Keystone complies with all Whereas, in 1998, Director Mueller was tional Spinal Cord Injury Awareness Month; laws and required conditions and meas- nominated by President William J. Clinton (3) continues to support research to find ures).’’; and confirmed by the Senate to be the better treatments, therapies, and a cure for Whereas the Department of State found United States Attorney for the Northern Dis- paralysis; that ‘‘[s]pills associated with the proposed trict of California in San Francisco; (4) supports clinical trials for new thera- Project that enter the environment are ex- Whereas, in 2001, Director Mueller was pies that offer promise and hope to those pected to be rare and relatively small’’ and nominated by President George W. Bush and persons living with paralysis; and that ‘‘there is no evidence of increased corro- confirmed by the Senate to be the Director (5) commends the dedication of local, re- sion or other pipeline threat due to vis- of the FBI; gional, and national organizations, research- cosity’’ of diluted bitumen oil that will be Whereas Director Mueller took office as ers, doctors, volunteers, and people across transported by the Keystone XL pipeline; Director of the FBI on September 4, 2001, the United States that are working to im- Whereas, the National Research Council just 1 week before the terrorist attacks on prove the quality of life of people living with convened a special expert panel to review the September 11, 2001; paralysis and their families. risk of transporting diluted bitumen by pipe- Whereas Director Mueller led the FBI in line and issued a report in June 2013 to the the wake of the September 11 attacks and f Department of Transportation in which the helped transform the FBI into an intel- SENATE CONCURRENT RESOLU- National Research Council found that exist- ligence-driven organization with a primary TION 21—EXPRESSING THE ing literature indicates that transportation focus on national security threats; SENSE OF CONGRESS THAT CON- of diluted bitumen poses no increased risk of Whereas, in 2011, Director Mueller again pipeline failure; answered the call to public service by agree- STRUCTION OF THE KEYSTONE Whereas plans to incorporate 57 project- ing to serve for an additional 2 years beyond XL PIPELINE AND THE FEDERAL specific special conditions relating to the de- his original 10-year term as Director of the APPROVALS REQUIRED FOR THE sign, construction, and operations of the FBI; CONSTRUCTION OF THE KEY- Keystone XL pipeline led the Department of Whereas, in 2011, Congress enacted legisla- STONE XL PIPELINE ARE IN THE State to find that the pipeline will have ‘‘a tion creating a special 2-year term that en- NATIONAL INTEREST OF THE degree of safety over any other typically abled Director Mueller to continue serving UNITED STATES constructed domestic oil pipeline’’; and as Director of the FBI; Whereas, the Department of State found Whereas Director Mueller has earned the Ms. LANDRIEU (for herself, Mr. that oil destined to be shipped through the trust and respect of Senators from both par- HOEVEN, Mr. PRYOR, Mr. DONNELLY, Mr. pipeline from the oil sands region of Canada ties as a result of his candor, integrity, and BEGICH, Ms. HEITKAMP, Mr. THUNE, Mr. and oil shale deposits in the United States unwavering commitment to the rule of law; RISCH, Mr. CORNYN, Mr. JOHANNS, and would otherwise move by other modes of and Mr. BARRASSO) submitted the following transportation if the Keystone XL pipeline is Whereas, throughout the past 12 years, Di- concurrent resolution; which was re- not built; Now, therefore, be it rector Mueller has embodied the principles ferred to the Committee on Energy and Resolved by the Senate (the House of Rep- of fidelity, bravery, and integrity that are at resentatives concurring), That it is the sense the core of the FBI: Now, therefore, be it Natural Resources: of Congress that— Resolved, That the Senate— S. CON. RES. 21 (1) construction of the Keystone XL pipe- (1) recognizes and honors the distinguished Whereas safe and responsible production, line will promote sound investment in the service of Robert S. Mueller, III as the sixth transportation, and use of oil and petroleum infrastructure of the United States;

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6134 CONGRESSIONAL RECORD — SENATE July 31, 2013 (2) construction of the Keystone XL pipe- Well, look, they might like to see 2,000 jobs the number he is quoting comes from line will promote energy security in North initially. But that is a blip relative to the opponents of the projects. Rather than America and will generate an increase in pri- need. taking his own State Department num- vate sector jobs that will benefit both the re- So what we also know is, is that that oil is bers—done after 5 years of study—he is gion surrounding the Keystone XL pipeline going to be piped down to the Gulf to be sold and the United States as a whole; and on the world oil markets, so it does not bring quoting numbers which are wrong from (3) completion of the Keystone XL pipeline down gas prices here in the United States. In opponents of the project. Again, don’t is in the national interest of the United fact, it might actually cause some gas prices take my word for it. States. in the Midwest to go up where currently they Recently the Washington Post—in Mr. HOEVEN. Mr. President, I come can’t ship some of that oil to world markets. their fact-check article—stated that to the floor today to talk about the Now, having said that, there is a potential President Obama appeared to be using benefit for us integrating further with a reli- Keystone XL Pipeline. I am going to numbers from opponents of the project able ally to the north our energy supplies. rather than from his own State Depart- submit a concurrent resolution that I But I meant what I said; I will evaluate am sponsoring with MARY LANDRIEU of this based on whether or not this is going to ment. Louisiana, but before I do that, I want significantly contribute to carbon in our at- So why would he do that? Why would to talk specifically in terms of the mosphere. And there is no doubt that Canada he take numbers from opponents rath- Keystone XL Pipeline and correcting at the source in those tar sands could poten- er than the State Department? the record. I am correcting the record tially be doing more to mitigate carbon re- Well, here is what Sean McGarvey, relative to statements the administra- leases. president of North America’s Building tion has made recently about the The interviewer asked: Trades Unions, had to say about it in a project. And if they did, could that offset concerns statement he issued several days ago. As we all know, the Obama adminis- about the pipeline itself? According to Sean McGarvey, president tration has been reviewing this project To which the President responded: of North America’s Building Trade for 5 years. The initial application was We haven’t seen specific ideas or plans. But Unions: submitted by TransCanada, the parent all of that will go into the mix in terms of America’s Building Trade Unions were dis- company, in September of 2008, and we John Kerry’s decision or recommendation on appointed to see that the President chose to are now almost in August of 2013. So in this issue. minimize the importance of jobs for con- addition to delaying the project, they That was the key part of the inter- struction workers and to use employment figures promulgated by special interests and are also putting out false information. view I want to address in my com- activist billionaires rather than his own De- President Obama and Treasury Sec- ments. partment of State’s findings that the pro- retary Lew presented information this There are three points I would like to posed Keystone XL Pipeline would support week on the Keystone Pipeline that is make. The first one is jobs. President approximately 42,100 average annual jobs wrong, and today I want to correct the Obama says the project will create across the United States over a 1- to 2-year record. 2,000 jobs during construction. Then he construction period. I want to quote directly from an says maybe 50 or so after that, and he But the President goes on—it is not interview President Obama conducted kind of chuckles as he says that. just the jobs number that is incorrect. and reported in the New York Times on The first question is: Where does that The President also stated this in that Saturday. I am going to read from that number come from? Where is he get- New York Times interview: transcript because it goes to a number ting his number? His own State De- What we also know is, is that that oil is of issues in terms of jobs and energy partment has a very different number. going to be piped down to the Gulf to be sold development as well as the require- They say it is going to create more on the world oil markets, so it does not bring ments the administration says need to than 42,000 jobs during construction. down gas prices here in the United States. In be addressed for the Keystone Pipeline. They didn’t say 2,000 jobs during con- fact, it might actually cause some gas prices However, I think the company has ad- struction, but more than 42,000 jobs in the Midwest to go up where currently they can’t ship some of that oil to world markets. dressed those issues in great detail. during construction. Again, this is the transcript from the I will read from the State Depart- So he is saying the oil won’t be used New York Times. Also, the interview ment report. It is a draft from the envi- in the United States and, in fact, it was conducted last week when the ronmental impact statement which might cause gas prices to go up. But President was on his jobs tour. came out on March 1, 2013. The State now he is contradicting a report from The interviewer said: Department report says: his own Department of Energy. His own Department of Energy addressed those A couple of other quick subjects that are Including direct, indirect, and induced ef- economic-related. Keystone pipeline—Repub- fects, the proposed Project would potentially very issues back in June of 2011. They licans especially talked about that as a big support approximately 42,100 average annual issued a report, and that report fore- job creator. You’ve said that you would ap- jobs across the United States over a 1-to 2- casted that the oil will be used in the prove it only if you could be assured it would year construction period. United States and, further, that it will not significantly exacerbate carbon in the That is right out of the report. The reduce the price of fuel at the pump for atmosphere. Is there anything that Canada Midwest consumers. I will quote from could do or the oil companies could do to off- State Department goes on to talk set that as a way of helping you reaching about some of the other employment that report. Again, this is a report that decision? benefits created by the Keystone from the Department of Energy that That was the question asked of the project. was provided in June of 2011. President. The President responded: This employment would potentially trans- Without a surplus of heavy oil in (the Gulf late into approximately $2.05 billion in earn- Coast), there would be no economic incentive Well, first of all, Michael, [the interviewer] to ship Canadian oil sands to Asia via Port Republicans have said that this would be a ings. Direct expenditures such as construc- tion and material costs . . . would total ap- Arthur (in Texas). Many of these (Gulf big jobs generator. There is no evidence that Coast) refineries rely on declining supplies of that’s true. And my hope would be that any proximately $3.3 billion. Short-term reve- nues from sources such as sales and use taxes Mexican and Venezuelan heavy crudes. . . . reporter who is looking at the facts would They would be natural customers for in- take the time to confirm that the most real- would total approximately $65 million in states that levy such a tax. creased supplies of Canadian dilbit (oil sands istic estimates are this might create maybe oil). . . . The Gulf Coast appetite for Cana- 2,000 jobs during the construction of the So you are getting tax revenues and dian oil sands . . . will be much higher than pipeline— $65 million as well. can be supplied by just the Keystone XL That is the Keystone Pipeline. Yields from fuel and other taxes could not Pipeline. which might take a year or two—and then be calculated, but would provide some addi- So they are saying it will be used in after that we’re talking somewhere between tional economic benefit to host countries the United States. 50 and 100 [chuckles] jobs in an economy of and states. Concerning the cost of fuel to cus- 150 million working people. There is the environmental impact as tomers, DOE said: The interviewer goes on: to the employment right out of the With substantial additional volumes of Yet there are a number of unions who want State Department report. We have to light-sweet and other crudes accessible to you to approve this. ask: Why is President Obama talking Gulf Coast refineries, (West Texas Inter- Mr. Obama: about a number like 2,000? It appears mediate) prices would increase, Brent, Argus

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6135 and other market crude prices would decline. So he is saying that somehow the Re- tion needs to approve it. It is a bipar- Crude costs to (East Coast) and (Gulf Coast) publicans were playing political games tisan resolution, and we will seek to refineries would be lower. and that slowed down the project and have it approved here in the Senate Here is the key sentence from this that is why it has been in review for 5 and approved in the House as well. This section: years. Five years it has been in review. is in addition to bipartisan legislation Gasoline prices in all markets served by Well, as for Secretary Lew’s remarks I have already introduced which would (East and Gulf Coast) refineries would be on ‘‘Fox News Sunday,’’ we need only approve the project congressionally. lower, including the Midwest. to let the facts—especially the dates— The simple point is this: We need to So the Department of Energy in its speak for themselves. Secretary Lew keep the push on to get this project ap- report specifically states that the oil claimed that the Keystone XL project proved, whether it is with a joint reso- will be used in the United States—we was delayed because Republicans po- lution of Congress in support of the are a net importer of crude oil—and liticized it. I would be happy to share project, getting the President to make that gas prices would be lower, not with them a letter I received in the a decision and to make a favorable de- higher. As I said earlier, the State De- summer of 2011 from Secretary of State cision and to do it now instead of con- partment in the EIS said the job num- Hillary Clinton. In that letter the Sec- tinuing to postpone after 5 years or ber will be 42,000, not 2,000. retary assured me that the Department whether Congress steps forward and ap- The President then concludes the was poised to make a permitting deci- proves the project directly through leg- interview by essentially telling Canada sion on the Keystone XL project by De- islation I have already submitted. what they should do in terms of their cember of that year—December of 2011. We need to get this project done for regulatory requirements. He says: I have the letter here. It is dated the American people. It really is about And there is no doubt that Canada at the July 26, 2011. It is addressed to Senator jobs. It is about economic growth and source in those tar sands could potentially HOEVEN. It says: ‘‘Thank you for your activity. It is about energy for our be doing more to mitigate carbon release. letter regarding the proposed Keystone country and getting this country to the The interviewer then asks: XL Pipeline.’’ It goes on to make var- point where we are energy independent, And if they did, could that offset the con- ious comments. The key line in the let- energy secure, where we don’t need to cerns about the pipeline itself? ter is this: ‘‘We expect to make a deci- rely on oil from the Middle East. That President Obama declines to indicate sion on whether to grant or deny the is why 82 percent of Americans in the any specifics, but he says essentially permit before the end of the year.’’ most recent poll across this country all of that will go into the mix for the This is for the Keystone XL Pipeline are saying this is the kind of project decision on whether to approve the project from, at that time, Secretary of we need. Mr. President, step up and get Keystone XL Pipeline. State Clinton. Instead, however, during it done for the American people. the 2012 Presidential election—less So here we are. After 5 years—after 5 f years of delay, the President is talking than a year away in November—Presi- dent Obama intervened to postpone AMENDMENTS SUBMITTED AND about adding new requirements to the PROPOSED project. He is talking about adding that decision until after the election. those requirements in another coun- Then and only then did I press to seek SA 1832. Mr. KING (for himself and Ms. try—our closest friend and ally, Can- legislatively for a timely decision on HEITKAMP) submitted an amendment in- the Keystone XL Pipeline and intro- tended to be proposed by him to the bill S. ada—or I guess he is essentially saying 1243, making appropriations for the Depart- he would turn down the project—a duced legislation, which we passed, calling for a decision within 60 days, ments of Transportation, and Housing and project that actually reduces green- Urban Development, and related agencies for which the President declined to make. house gas because there is less green- the fiscal year ending September 30, 2014, and house gas if we move that oil by pipe- So clearly the delay of 5 years is be- for other purposes; which was ordered to lie line than if it is moved by truck, by cause the administration has refused to on the table. train, or by tanker. make a decision and not for any other SA 1833. Ms. HEITKAMP submitted an Furthermore, perhaps the biggest reason. amendment intended to be proposed by her It is not only time to make a deci- to the bill S. 1243, supra; which was ordered irony is that he is imposing this type sion on the Keystone Pipeline, it is far to lie on the table. of regulatory barrier at the same time past time. That is exactly what the SA 1834. Mr. SANDERS submitted an he is on a jobs tour, which created American people want. As a matter of amendment intended to be proposed by him some problems for his Cabinet mem- to the bill S. 1243, supra; which was ordered fact, in a recent—the most recent poll bers as well. For example, Jack Lew to lie on the table. on the Keystone Pipeline project, Har- was on ‘‘Fox News Sunday’’ with Chris SA 1835. Mr. SANDERS submitted an ris Interactive Poll, 82 percent of Wallace, and he got it wrong on Key- amendment intended to be proposed by him Americans support approving the Key- to the bill S. 1243, supra; which was ordered stone as well last Sunday. The fol- stone XL Pipeline—82 percent. The to lie on the table. lowing is part of that transcript. President has continued to review it SA 1836. Mr. DURBIN submitted an amend- Again, this was ‘‘Fox News Sunday’’ and talk about more requirements. He ment intended to be proposed by him to the with Chris Wallace and Jack Lew. Wal- has provided incorrect information on bill S. 1243, supra; which was ordered to lie lace asked this question: on the table. the jobs and whether the oil will be SA 1837. Mr. WHITEHOUSE submitted an Let me ask you one question. If you’re so used here and the impact on gas prices. interested in creating more jobs, why not ap- amendment intended to be proposed by him prove the Keystone Pipeline which would But 82 percent of Americans want this to the bill S. 1243, supra; which was ordered create tens of thousands of jobs, sir? project approved. to lie on the table. It is about energy. It is about jobs. It SA 1838. Ms. MURKOWSKI submitted an Lew responds: is about economic activity. It is about amendment intended to be proposed by her Chris, I think, as you know, the Keystone energy security for our country. That to the bill S. 1243, supra; which was ordered Pipeline is being reviewed. It’s been in the is why, as I conclude here today, I wish to lie on the table. process that was slowed down because— SA 1839. Mr. PRYOR (for himself and Mr. to submit for the Senate RECORD today, Wallace then says: BOOZMAN) submitted an amendment intended along with Senator MARY LANDRIEU of to be proposed by him to the bill S. 1243, Several years it’s being reviewed. I think Louisiana, a concurrent resolution ex- supra; which was ordered to lie on the table. what, three, four years. pressing the sense of the Congress that f Lew responds: construction of the Keystone XL Pipe- It was—there were some political games line and the Federal approvals required TEXT OF AMENDMENTS that were played that took it off the trail, for construction of the Keystone XL SA 1832. Mr. KING (for himself and past its completion. When Republicans put it Pipeline are in the national interests of Ms. HEITKAMP) submitted an amend- out there as something that was put on a the United States. Essentially, with ment intended to be proposed by him timetable where it could not be resolved, it caused a delay. We are getting to the end of this concurrent resolution, what we are to the bill S. 1243, making appropria- the review and we’ll have to see where that saying is that the Keystone XL Pipe- tions for the Departments of Transpor- review is. But I think playing political line is in the national interests of the tation, and Housing and Urban Devel- games with something like this is a mistake. United States and that the administra- opment, and related agencies for the

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6136 CONGRESSIONAL RECORD — SENATE July 31, 2013 fiscal year ending September 30, 2014, which was ordered to lie on the table; cover the administrative costs of carrying and for other purposes; which was or- as follows: out this section. dered to lie on the table; as follows: On page 74, between lines 8 and 9, insert (ii) LIMITATIONS.—A payment made by the the following: Secretary under an agreement under this On page 91, line 8, strike the period and in- section shall— sert ‘‘: Provided further, That the Secretary SEC. 192. (a) The Surface Transportation Board shall investigate any complaint filed (I) be contingent on documented utility shall notify public housing agencies of their savings; and annual formula allocation not later than 90 by any office or agency of the State of Illi- nois concerning a freight railroad’s actions (II) not exceed the utility savings achieved days after the date of enactment of this Act: by the date of the payment, and not pre- Provided further, That the Secretary may ex- to delay or obstruct studies, access, inves- tigations, or planning of a new or existing viously paid, as a result of the improvements tend the notification period established in made under the agreement. the prior proviso with the prior written ap- intercity passenger rail route in Illinois. (b) The Surface Transportation Board is (C) THIRD PARTY VERIFICATION.—Savings proval of the House and Senate Committees payments made by the Secretary under this on Appropriations.’’. authorized to award damages and other relief pursuant to section 24308 of title 49, United section shall be based on a measurement and verification protocol that includes at least— SA 1833. Ms. HEITKAMP submitted States Code, if the Board finds that a freight railroad— (i) establishment of a weather-normalized an amendment intended to be proposed and occupancy-normalized utility consump- by her to the bill S. 1243, making ap- (1) has delayed studies, access, investiga- tions, or planning of a new or existing inter- tion baseline established preretrofit; propriations for the Departments of city passenger rail route in Illinois; or (ii) annual third party confirmation of ac- Transportation, and Housing and (2) is deemed to have failed to negotiate tual utility consumption and cost for owner- Urban Development, and related agen- with any agency or office of the State of Illi- paid utilities; cies for the fiscal year ending Sep- nois on any such route. (iii) annual third party validation of the tember 30, 2014, and for other purposes; tenant utility allowances in effect during the SA 1837. Mr. WHITEHOUSE sub- applicable year and vacancy rates for each which was ordered to lie on the table; unit type; and as follows: mitted an amendment intended to be proposed by him to the bill S. 1243, (iv) annual third party determination of On page 74, line 18, strike ‘‘$521,375,000’’ and savings to the Secretary. insert ‘‘$516,375,000’’. making appropriations for the Depart- (2) TERM.—The term of an agreement under On page 98, line 5, strike ‘‘$3,295,000,000’’ ments of Transportation, and Housing this section shall be not longer than 12 and insert ‘‘$3,300,000,000’’. and Urban Development, and related years. On page 98, line 11, after the colon insert agencies for the fiscal year ending Sep- (3) ENTITY ELIGIBILITY.—The Secretary ‘‘Provided further, That of the total amounts tember 30, 2014, and for other purposes; shall— made available under this heading, $5,000,000 which was ordered to lie on the table; (A) establish a competitive process for en- is for carrying out grants to assist tribal col- as follows: tering into agreements under this section; leges and universities under the Tribal Col- and On page 169, between lines 22 and 23, insert leges and Universities Program pursuant to (B) enter into such agreements only with the following: section 107 of the Housing and Community entities that demonstrate significant experi- Development Act of 1974 (42 U.S.C. 5307):’’. SEC. 244. BUDGET-NEUTRAL DEMONSTRATION ence relating to— PROGRAM FOR ENERGY AND WATER (i) financing and operating properties re- SA 1834. Mr. SANDERS submitted an CONSERVATION IMPROVEMENTS AT MULTIFAMILY RESIDENTIAL UNITS. ceiving assistance under a program described amendment intended to be proposed by (a) ESTABLISHMENT.—The Secretary of in subsection (a); him to the bill S. 1243, making appro- Housing and Urban Development (referred to (ii) oversight of energy and water con- priations for the Departments of in this section as the ‘‘Secretary’’) shall es- servation programs, including oversight of Transportation, and Housing and tablish a demonstration program under contractors; and Urban Development, and related agen- which, during the period beginning on Octo- (iii) raising capital for energy and water cies for the fiscal year ending Sep- ber 1, 2013, and ending on September 30, 2016, conservation improvements from charitable the Secretary may enter into budget-neu- organizations or private investors. tember 30, 2014, and for other purposes; (4) GEOGRAPHICAL DIVERSITY.—Each agree- which was ordered to lie on the table; tral, performance-based agreements that re- sult in a reduction in energy or water costs ment entered into under this section shall as follows: with such entities as the Secretary deter- provide for the inclusion of properties with On page 75, line 8, strike ‘‘$193,600,000’’ and mines to be appropriate under which the en- the greatest feasible regional and State vari- insert ‘‘$191,100,000’’. tities shall carry out projects for energy or ance. On page 84, line 10, strike ‘‘$78,000,000’’ and water conservation improvements at not (c) PLAN AND REPORTS.— insert ‘‘$80,500,000’’. more than 20,000 residential units in multi- (1) PLAN.—Not later than 90 days after the family buildings participating in— date of enactment of this Act, the Secretary SA 1835. Mr. SANDERS submitted an (1) the project-based rental assistance pro- shall submit to the Committees on Appro- amendment intended to be proposed by gram under section 8 of the United States priations of the House of Representatives him to the bill S. 1243, making appro- Housing Act of 1937 (42 U.S.C. 1437f), other and the Senate a detailed plan for the imple- priations for the Departments of than assistance provided under section 8(o) mentation of this section. (2) REPORTS.—Not later than 1 year after Transportation, and Housing and of that Act; (2) the supportive housing for the elderly the date of enactment of this Act, and annu- Urban Development, and related agen- ally thereafter, the Secretary shall— cies for the fiscal year ending Sep- program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); or (A) conduct an evaluation of the program tember 30, 2014, and for other purposes; (3) the supportive housing for persons with under this section; and which was ordered to lie on the table; disabilities program under section 811(d)(2) (B) submit to Congress a report describing as follows: of the Cranston-Gonzalez National Afford- each evaluation conducted under subpara- On page 85, line 21, after the semicolon in- able Housing Act (42 U.S.C. 8013(d)(2)). graph (A). (d) FUNDING.—For each fiscal year during sert ‘‘Provided further, That the Secretary of (b) REQUIREMENTS.— which an agreement under this section is in Housing and Urban Development and the (1) PAYMENTS CONTINGENT ON SAVINGS.— effect, the Secretary may use to carry out Secretary of Veterans Affairs shall, in ad- (A) IN GENERAL.—The Secretary shall pro- this section any funds appropriated to the ministering and distributing rental voucher vide to an entity a payment under an agree- Secretary for the renewal of contracts under assistance funded under this paragraph, give ment under this section only during applica- a program described in subsection (a). consideration to the unique challenges of ble years for which an energy or water cost savings is achieved with respect to the appli- identifying homeless veterans in rural areas Ms. MURKOWSKI submitted during point in time counts, and adjust their cable multifamily portfolio of properties, as SA 1838. rental voucher assistance allocations accord- determined by the Secretary, in accordance an amendment intended to be proposed ingly:’’ with subparagraph (B). by her to the bill S. 1243, making ap- (B) PAYMENT METHODOLOGY.— propriations for the Departments of SA 1836. Mr. DURBIN submitted an (i) IN GENERAL.—Each agreement under Transportation, and Housing and amendment intended to be proposed by this section shall include a pay-for-success Urban Development, and related agen- him to the bill S. 1243, making appro- provision— cies for the fiscal year ending Sep- priations for the Departments of (I) that will serve as a payment threshold tember 30, 2014, and for other purposes; for the term of the agreement; and Transportation, and Housing and (II) pursuant to which the Department of which was ordered to lie on the table; Urban Development, and related agen- Housing and Urban Development shall share as follows: cies for the fiscal year ending Sep- a percentage of the savings at a level deter- At the appropriate place, insert the fol- tember 30, 2014, and for other purposes; mined by the Secretary that is sufficient to lowing:

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6137 SEC. lll. TECHNICAL CORRECTION RELATING COMMITTEE ON ENVIRONMENT AND PUBLIC The PRESIDING OFFICER. Without TO FORMULA GRANTS FOR PUBLIC WORKS objection, it is so ordered. TRANSPORTATION. Mr. MENENDEZ. Mr. President, I ask Section 5336(b)(2)(E) of title 49, United SUBCOMMITTEE ON EMERGENCY MANAGEMENT, States Code, is amended by striking ‘‘22.27 unanimous consent that the Com- INTERGOVERNMENTAL RELATIONS, AND THE percent’’ and inserting ‘‘27 percent’’. mittee on Environment and Public DISTRICT OF COLUMBIA Works be authorized to meet during Mr. MENENDEZ. Mr. President, I ask SA 1839. Mr. PRYOR (for himself and the session of the Senate on July 31, unanimous consent that the Sub- Mr. BOOZMAN) submitted an amend- 2013, at 9:30 a.m. in room 406 of the committee on Emergency Manage- ment intended to be proposed by him Dirksen Senate office building, to con- ment, Intergovernmental Relations, to the bill S. 1243, making appropria- duct a hearing entitled, ‘‘Strength- and the District of Columbia of the tions for the Departments of Transpor- ening Public Health Protections by Ad- Committee on Homeland Security and tation, and Housing and Urban Devel- dressing Toxic Chemical Threats.’’ Governmental Affairs be authorized to opment, and related agencies for the The PRESIDING OFFICER. Without meet during the session of the Senate fiscal year ending September 30, 2014, objection, it is so ordered. on July 31, 2013, at 2 p.m. to conduct a and for other purposes; which was or- COMMITTEE ON FOREIGN RELATIONS hearing entitled, ‘‘How Prepared is the dered to lie on the table; as follows: Mr. MENENDEZ. Mr. President, I ask National Capital Region for the Next On page 74, between lines 8 and 9, insert unanimous consent that the Com- Disaster?’’ the following: mittee on Foreign Relations be author- The PRESIDING OFFICER. Without SEC. 192. (a)(1) Not later than 30 days after ized to meet during the session of the objection, it is so ordered. the date of enactment of this Act, the Sec- Senate on July 31, 2013, at 3 p.m., to retary of Transportation, acting through the SUBCOMMITTEE ON ENERGY, NATURAL hold a European Affairs subcommittee RESOURCES, AND INFRASTRUCTURE Pipeline and Hazardous Materials Safety Ad- hearing entitled, ‘‘Where is Turkey ministration (referred to in this section as Mr. MENENDEZ. Mr. President, I ask the ‘‘Secretary’’), shall publish on the Headed? Gezi Park, Taksim Square, unanimous consent that the Sub- website of the Department of Transportation and The Future of the Turkish Model.’’ committee on Energy, Natural Re- the following information relating to the The PRESIDING OFFICER. Without sources, and Infrastructure of the Com- rupture of the Pegasus pipeline in the State objection, it is so ordered. mittee on Finance be authorized to of Arkansas: COMMITTEE ON HEALTH, EDUCATION, LABOR AND meet during the session of the Senate (A) A summarized analysis of the PENSIONS on July 31, 2013, at 2:30 p.m., in room ExxonMobil 2010 and 2013 in-line inspection Mr. MENENDEZ. Mr. President, I ask reports or the full reports. 215 of the Dirksen Senate Office Build- unanimous consent that the Com- ing, to conduct a hearing entitled (B) A summarized analysis of the mittee on Health, Education, Labor, ExxonMobil 2006 hydrostatic test report or ‘‘Powering Our Future: Principles for the full report. and Pensions be authorized to meet Energy Tax Reform.’’ (C) The 2013 metallurgical report. during the session of the Senate on The PRESIDING OFFICER. Without (2) The Secretary shall publish the infor- July 31, 2013, at 10 a.m. in room SD–608 objection, it is so ordered. mation required under paragraph (1) in full, of the Dirksen Senate office building. with limited redactions allowed under para- The PRESIDING OFFICER. Without SUBCOMMITTEE ON NATIONAL PARKS graphs (4) and (7)(A) of section 552(b) of title objection, it is so ordered. Mr. MENENDEZ. Mr. President, I ask 5, United States Code. COMMITTEE ON HOMELAND SECURITY AND unanimous consent that the Sub- (b) Not later than 90 days after the date of GOVERNMENTAL AFFAIRS committee on National Parks be au- enactment of this Act, the Secretary shall Mr. MENENDEZ. Mr. President, I ask thorized to meet during the session of submit to the appropriate committees of the Senate to conduct a hearing on Congress (including the Committees on Ap- unanimous consent that the Com- propriations of the House of Representatives mittee on Homeland Security and Gov- July 31, 2013, at 2:30 p.m. in room SD– and the Senate) a report that— ernmental Affairs be authorized to 366 of the Dirksen Senate Office Build- (1) describes the status of the investigation meet during the session of the Senate ing. of the Secretary of the rupture of the Peg- on July 31, 2013, at 10 a.m. The PRESIDING OFFICER. Without asus pipeline; The PRESIDING OFFICER. Without objection, it is so ordered. (2) contains an evaluation of the integrity objection, it is so ordered. f of the remaining pipeline; and COMMITTEE ON INDIAN AFFAIRS (3) provides recommendations for improv- PRIVILEGES OF THE FLOOR ing future pipeline inspections, testing, and Mr. MENENDEZ. Mr. President, I ask monitoring. unanimous consent that the Com- Mr. MERKLEY. Mr. President, I ask unanimous consent that Allan Van f mittee on Indian Affairs be authorized to meet during the session of the Sen- Vliet be given floor privileges for the AUTHORITY FOR COMMITTEES TO ate on July 31, 2013, in room SD–628 of balance of the day. He is an intern in MEET the Dirksen Senate Office Building, at my office. COMMITTEE ON BANKING, HOUSING, AND URBAN 2:30 p.m. The PRESIDING OFFICER. Without AFFAIRS The PRESIDING OFFICER. Without objection, it is so ordered. Mr. MENENDEZ. Mr. President, I ask objection, it is so ordered. Mr. REID. Mr. President, I ask unan- unanimous consent that the Com- COMMITTEE ON THE JUDICIARY imous consent that two fellows from mittee on Banking, Housing, and Mr. MENENDEZ. Mr. President, I ask Senator BROWN’s staff, Andrew Urban Affairs be authorized to meet unanimous consent that the Com- Steigerwald and Katherine LaBeau, be during the session of the Senate on mittee on the Judiciary be authorized granted floor privileges for tomorrow. July 31, 2013 at 10 a.m. to meet during the session of the Sen- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ate on July 31, 2013, at 9 a.m., in room objection, it is so ordered. objection, it is so ordered. SH–216 of the Hart Senate Office Build- The PRESIDING OFFICER. The Sen- COMMITTEE ON COMMERCE, SCIENCE, AND ing, to conduct a hearing entitled ator from Rhode Island. TRANSPORTATION ‘‘Strengthening Privacy Rights and f Mr. MENENDEZ. Mr. President, I ask National Security: Oversight of FISA unanimous consent that the Com- Surveillance Programs.’’ 10-YEAR ANNIVERSARY OF NATO mittee on Commerce, Science, and The PRESIDING OFFICER. Without ALLIED COMMAND TRANS- Transportation be authorized to meet objection, it is so ordered. FORMATION during the session of the Senate on COMMITTEE ON VETERANS’ AFFAIRS Mr. WHITEHOUSE. Mr. President, I July 31, 2013, at 2:30 p.m. in room 253 of Mr. MENENDEZ. Mr. President, I ask ask unanimous consent that the Sen- the Russell Senate Office Building. unanimous consent that the Com- ate proceed to the immediate consider- The Committee will hold a hearing mittee on Veterans’ Affairs be author- ation of Calendar No. 146, S. Res. 156. entitled, ‘‘Energy Drinks: Exploring ized to meet during the session of the The PRESIDING OFFICER. The Concerns about Marketing to Youth.’’ Senate on July 31, 2013, at 10 a.m., in clerk will report the resolution by The PRESIDING OFFICER. Without room SR–418 of the Russell Senate Of- title. objection, it is so ordered. fice Building. The legislative clerk read as follows:

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6138 CONGRESSIONAL RECORD — SENATE July 31, 2013 A resolution (S. Res. 156) expressing the century, including the threat of terrorism, the The amendment to the preamble was sense of the Senate on the 10-year anniver- spread of weapons of mass destruction, insta- agreed to. sary of NATO Allied Command Trans- bility caused by failed states, and threats to The preamble, as amended, was formation. global energy security; and agreed to. There being no objection, the Senate Whereas the 10th anniversary of NATO ACT f proceeded to consider the resolution, is an opportunity to enhance and more deeply entrench those principles, which continue to RESOLUTIONS SUBMITTED TODAY which had been reported from the Com- bind the alliance together and guide our efforts mittee on Foreign Relations, with an today: Now, therefore, be it Mr. WHITEHOUSE. I ask unanimous amendment and an amendment to the Resolved, That the Senate— consent that the Senate proceed to the preamble, as follows: (1) celebrates the 10th anniversary of the es- immediate consideration en bloc of the (Strike out all after the resolving tablishment of NATO Allied Command Trans- following resolutions, which were sub- clause and insert the part printed in formation (NATO ACT); (2) recognizes NATO ACT’s leading role in mitted earlier today: S. Res. 207, S. italic.) transforming Alliance forces and capabilities, Res. 208, S. Res. 209, S. Res. 210, and S. (Strike the preamble and insert the using new concepts such as the NATO Response Res. 211. part printed in italic.) Force and new doctrines in order to improve the There being no objection, the Senate Whereas, on June 19, 2003, NATO’s Allied Alliance’s military effectiveness; proceeded to consider the resolutions Command Transformation (ACT), was formally (3) expresses appreciation for the continuing en bloc. established to increase military effectiveness and and close partnership between the United States Mr. WHITEHOUSE. I ask unanimous prepare the Alliance for future security chal- Government and NATO to transform the Alli- consent that the resolutions be agreed lenges; ance; Whereas, on June 19, 2013, the North Atlantic (4) remembers the 64 years NATO has served to, the preambles be agreed to, and the Treaty Organization (NATO) will celebrate the to ensure peace, security, and stability in Eu- motions to reconsider be laid upon the 10-year anniversary of the establishment of rope throughout the world, and urges the table en bloc, with no intervening ac- NATO ACT; United States Government to continue to seek tion or debate. Whereas the security of the United States and new ways to deepen and expand its important The PRESIDING OFFICER. Without its NATO allies have been enhanced by the es- relationships with NATO; objection, it is so ordered. tablishment and continued work of NATO ACT; (5) recognizes the service of the brave men and Whereas, for the past 10 years, ACT has been The resolutions were agreed to. women who have served to safeguard the free- The preambles were agreed to. leading NATO’s military transformation, and dom and security of the United States and the providing relevant and timely support to NATO whole of the transatlantic alliance; (The resolutions, with their pre- operations, while developing partnerships (6) honors the sacrifices of United States per- ambles, are printed in today’s RECORD around the globe to adapt to the changing glob- sonnel, allies of the North Atlantic Treaty Orga- under ‘‘Submitted Resolutions.’’) al security environment; nization, and partners in Afghanistan; Mr. WHITEHOUSE. Mr. President, Whereas ACT is the only NATO headquarters (7) recognizes the outstanding partnership be- before I note the absence of a quorum, in the United States, and the only permanent tween the local community in Norfolk, Virginia let me express my appreciation to Sen- NATO headquarters outside of Europe; and NATO personnel assigned to ACT; ator MORAN for his patience as we go Whereas ACT provides state of the art edu- (8) reaffirms that NATO, through the new cation, training, and application of best prac- Strategic Concept, is committed to helping the through the closing script. He will have tices and lessons learned from past operations, Alliance adapt and prepare for the complex and an opportunity to speak at the conclu- and equips Alliance troops with the tools they demanding future security; sion of this, and I appreciate very need to win today’s wars; (9) urges all NATO members to take concrete much his courtesy in accommodating Whereas ACT improves NATO’s defense plan- steps to implement the Strategic Concept and to us in this way. ning and develops compatible equipment and utilize the taskings from the 2012 NATO summit I suggest the absence of a quorum. common standards necessary to keep Alliance in Chicago, Illinois, to address current NATO The PRESIDING OFFICER. The capabilities aligned; operations, future capabilities and burden-shar- Whereas NATO ACT has been integral to a ing issues, and strengthen the relationship be- clerk will call the roll. NATO mission of promoting a Europe that is tween NATO and partners around the world; The assistant legislative clerk pro- whole, undivided, free, and at peace; (10) calls upon the President to use the mo- ceeded to call the roll. Whereas NATO ACT strengthened the ability mentum of the occasion of the 10th anniversary Mr. WHITEHOUSE. Mr. President, I of NATO to perform a full range of missions of NATO ACT— ask unanimous consent that the order throughout the world; (A) to engage each of the member states of the for the quorum call be rescinded. Whereas NATO ACT has provided crucial North Atlantic Treaty Organization in a dia- The PRESIDING OFFICER. Without support and participation in the NATO Inter- logue about the long-term health of the Alli- objection, it is so ordered. national Security Assistance Force in Afghani- ance, and strongly encourage each of the mem- stan, as NATO endeavors to help the people of ber states to make a serious effort to protect de- f Afghanistan create the conditions necessary for fense budgets from further reductions, better al- AFFORDABLE CARE ACT security and successful development and recon- locate and coordinate the resources presently struction; available, and recommit to spending at least 2 Mr. MORAN. Mr. President, 3 years Whereas ACT employs personnel from 26 of percent of gross domestic product (GDP) on de- ago Congress passed a massive health the 28 NATO member nations and six of the 41 fense; and insurance law which didn’t have a sin- NATO Partner nations and contributes more (B) to examine and report to Congress on rec- gle Republican vote, and it had signifi- than $100,000,000 annually to the local economy; ommendations that will lead to a stronger Alli- cant opposition by the public. Whereas NATO has been the cornerstone of ance in terms of military capability and readi- In an administration proclaiming to transatlantic security cooperation and an en- ness across the 28 member states, with particular during instrument for promoting stability in Eu- focus on the smaller member states; and be the most transparent ever, this rope and throughout the world for over 60 (11) conveys appreciation for the steadfast 2,700-page bill was rammed through years, representing the vital transatlantic bond partnership between NATO and the United Congress in the early morning hours on of solidarity between the United States and Eu- States. Christmas Eve. Even then-Speaker of rope, as NATO nations share similar values and Mr. WHITEHOUSE. I further ask the House Pelosi said Congress had to interests and are committed to the maintenance unanimous consent that the com- pass this bill so that we could find out of democratic principles; mittee-reported substitute be agreed what was in it. Whereas the Chicago Summit Communique af- Well, we did. It was passed, and the firms that all NATO members ‘‘are determined to; the resolution, as amended, be that NATO will continue to play its unique and agreed to; the amendment to the pre- American people are not liking what essential role in ensuring our common defense amble be agreed to; the preamble, as they have discovered. and security’’ and that NATO ‘‘continues to be amended, be agreed to; and the motions While the President promised the Af- effective in a changing world, against new to reconsider be considered made and fordable Care Act would lower health threats, with new capabilities and new part- laid upon the table, with no inter- care costs and strengthen our health ners’’; vening action or debate. care system, the law, instead, is in- Whereas, through the Alliance, the United The PRESIDING OFFICER. Without creasing health insurance premiums, States and Europe are effective and steadfast slowing economic recovery, and hin- partners in security, and ACT is well positioned objection, it is so ordered. to contribute to the strength of the Alliance on The committee-reported substitute dering job creation. We should not both continents; was agreed to. allow the administration to continue Whereas NATO ACT has done much to help The resolution (S. Res. 156), as to ignore this reality. We must perma- NATO meet the global challenges of the 21st amended, was agreed to. nently delay the Affordable Care Act.

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 31, 2013 CONGRESSIONAL RECORD — SENATE S6139 Since its enactment in 2010, 18 com- vided to special needs students because offered two amendments to the fiscal ponents of the health care law have of the costs associated with the Afford- year 2014 bill that would bring some been changed, cancelled, or delayed. able Care Act. certainty to this overarching issue. The President downplays the law’s sub- The American people were promised First, I offered an amendment to cod- stantial defects by characterizing them savings and security. Instead, we are ify the administration’s decision to as ‘‘glitches and bumps’’ that are to be experiencing less of both. The Afford- delay the employer mandate. While expected. He also claims that the Af- able Care Act is leaving Americans many of my colleagues on the Demo- fordable Care Act critics are respon- with less options and simply cratic side issued press releases prais- sible for the law’s broken promises by unaffordable care. ing the administration’s decision to arguing that the problem is with ‘‘folks Promise No. 2. In 2009, the President delay, when asked to affirmatively out there who are actively working to said: vote in committee to delay for 1 year, make this law fail.’’ Meanwhile, the Af- No matter how we reform health care, we they all voted no. The amendment fordable Care Act is slowly unraveling. will keep this promise: If you like your doc- failed on a straight party-line vote. Every day brings new information tor, you will be able to keep your doctor, pe- The second amendment I offered de- about missed deadlines, funding short- riod. layed the implementation and enforce- falls, soaring health insurance pre- Reality has since whittled down this ment of the individual mandate for 1 mium rates, and a technical implemen- promise dramatically. If you go to the year. While I support the delay of the tation that is floundering. Is it any Affordable Care Act Web site today, employer mandate, in that decision, wonder that this law continues to be you will find this far less confident like it or not, the administration un- publicly unpopular? statement: dermined its own credibility in stating With the majority of mandates, fees, Depending on the plan you choose in the that the Affordable Care Act would be and taxes taking effect in 2014, we are Marketplace, you may be able to keep your implemented on time, as promised. We already beginning to see the alarming current doctor. should not, and cannot, require individ- effects of the law on individuals, fami- Even large labor unions have re- uals to risk their health care coverage lies, employers, and on our economy. It cently criticized the President and con- by signing up for an unworkable pro- is one broken promise after another. gressional Democrats for breaking this gram with a dubious future. Unfortu- Promise No. 1. In attempting to con- promise. Notably, the National Treas- nately, my colleagues—again, on the vince the American people that the ury Employees Union, the union that Democratic side—disagreed. They re- ACA was good, the President promised represents most IRS employees, is urg- fused to extend the exemption the it would ‘‘save families $2,500 in the ing its members to write their elected President granted to businesses to fam- coming years.’’ But since 2008, the av- officials to oppose any effort that ilies and individuals—to all Americans. erage American family has seen health would force them to participate in the The evidence continues to show that insurance premiums rise more than health insurance exchanges. the Affordable Care Act is so large and $3,000. Nonpartisan actuaries estimate Further, several unions stated: convoluted that it cannot be imple- that national health spending will When you and the President sought our mented into practice. Reports from grow at an average rate of close to 6 support for the Affordable Care Act (ACA), State actuaries, the Congressional percent annually between 2011 and 2021. you pledged that if we liked the health plans Budget Office, the Government Ac- As national spending ticks up, Amer- we have now, we could keep them. Sadly, countability Office, and nonpartisan ican families will continue to see their that promise is under threat. think tanks have reached the same monthly premiums go up. And another statement: conclusion: Almost everything we were States are beginning to release de- [A]pproximately 3 million laborers, retir- told about the Affordable Care Act is tails on the rates consumers will pay ees, and their families now face the very real untrue. for ACA-related health insurance start- prospect of losing their health benefits. This, We were told 3 years ago that we ing on January 1. An unfortunate pat- I must remind you, was something that you need to pass the Affordable Care Act to tern is emerging—ACA-mandated in- promised would not happen. find out what is in it. Now we know, surance is going to increase costs for Promise No. 3. The President indi- and it is not good. We don’t need to many Americans. cated that the Affordable Care Act force American families to endure an- Recently, the State of Indiana an- would ‘‘lower costs for . . . the federal other 3 years just to see how bad it ac- nounced that insurance rates will in- government, reducing our deficit by tually will be. crease 72 percent for consumers in the over $1 trillion in the next two decades. I yield the floor and note the absence individual market. Consumers in Ohio, It is paid for. It is fiscally responsible.’’ of a quorum. Florida, South Carolina, and Maryland The only way the Affordable Care The PRESIDING OFFICER. The have also announced they are expect- Act will reduce deficits is by grossly clerk will call the roll. ing to see their premiums increase sig- increasing the taxes and fees associ- The assistant legislative clerk pro- nificantly. Just yesterday, the Georgia ated with this law. One wonders how ceeded to call the roll. insurance commissioner asked the De- anyone believed at the time that the The PRESIDING OFFICER. The Sen- partment of Health and Human Serv- new entitlement program would ever ator from Rhode Island. ices to extend the deadline to approve save money. Mr. WHITEHOUSE. Mr. President, I health plans in their State because These broken promises are more than ask unanimous consent that the order some rates were expected in Georgia to just words. The administration’s false for the quorum call be rescinded. rise by 198 percent. starts and early failures in imple- The PRESIDING OFFICER. Without In my home State of Kansas, I con- menting the Affordable Care Act are objection, it is so ordered. sistently hear concerns from individ- just the beginning. The harm this law f uals, business owners, and even local will do to individuals, families, and government officials about the impend- businesses will continue to emerge. In ORDERS FOR THURSDAY, AUGUST ing costs of the Affordable Care Act. less than 3 months, individuals will be 1, 2013 For example, rural Kansas school dis- asked to start enrolling in a health in- Mr. WHITEHOUSE. Mr. President, I tricts and special education co-ops, surance exchange when insurance ask unanimous consent that when the whose budgets are already stretched rates, coverage requirements, and sub- Senate completes its business today, it thin, will now be forced to cover the sidy amounts are still largely un- adjourn until 9:30 a.m. on Thursday, costs associated with the law. This has known. And, increasingly, the question August 1, 2013, and that following the resulted in reductions in employees’ being asked is, What happens to indi- prayer and pledge, the morning hour be hours and may trigger layoffs in order viduals required to buy health insur- deemed expired, the Journal of pro- for the districts to avoid significant ance or face penalties if the exchanges ceedings be approved to date, and the ACA-related penalties. are not ready on time? time for the two leaders be reserved for It is sad to visit with the director of I am the ranking member of the Sen- their use until later in the day; that a special education co-op only to learn ate Appropriations Subcommittee on following any leader remarks, the Sen- that less services are going to be pro- Labor, Health and Human Services. I ate be in a period of morning business

VerDate Mar 15 2010 02:03 Oct 04, 2014 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUL2013\S31JY3.REC S31JY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6140 CONGRESSIONAL RECORD — SENATE July 31, 2013 until 11 a.m., with the time equally di- DEFENSE NUCLEAR FACILITIES SAFETY BOARD MICHAEL STEPHEN HOZA, OF WASHINGTON, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF vided and controlled between the two KENNETH L. MOSSMAN, OF ARIZONA, TO BE A MEMBER MINISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- leaders or their designees, with Sen- OF THE DEFENSE NUCLEAR FACILITIES SAFETY BOARD DINARY AND PLENIPOTENTIARY OF THE UNITED STATES FOR A TERM EXPIRING OCTOBER 18, 2016, VICE JOHN ED- OF AMERICA TO THE REPUBLIC OF CAMEROON. ators permitted to speak therein for up WARD MANSFIELD, TERM EXPIRED. EUNICE S. REDDICK, OF THE DISTRICT OF COLUMBIA, A to 10 minutes each; that following DEPARTMENT OF TRANSPORTATION CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER–COUNSELOR, TO BE AMBASSADOR morning business, the Senate proceed SYLVIA I. GARCIA, OF MICHIGAN, TO BE CHIEF FINAN- EXTRAORDINARY AND PLENIPOTENTIARY OF THE to executive session to consider Cal- CIAL OFFICER, DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA TO THE REPUBLIC OF endar No. 96, the Chen nomination, VICE CHRISTOPHER P. BERTRAM, RESIGNED. NIGER. EXECUTIVE OFFICE OF THE PRESIDENT KAREN CLARK STANTON, OF MICHIGAN, A CAREER under the previous order; and finally, MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF that the second-degree filing deadline JO EMILY HANDELSMAN, OF CONNECTICUT, TO BE AN MINISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- ASSOCIATE DIRECTOR OF THE OFFICE OF SCIENCE AND DINARY AND PLENIPOTENTIARY OF THE UNITED STATES for amendments to S. 1243 be 11 a.m. TECHNOLOGY POLICY, VICE CARL WIEMAN, RESIGNED. OF AMERICA TO THE DEMOCRATIC REPUBLIC OF TIMOR– tomorrow. DEPARTMENT OF THE INTERIOR LESTE. The PRESIDING OFFICER. Without GREGORY B. STARR, OF VIRGINIA, TO BE AN ASSIST- MICHAEL L. CONNOR, OF NEW MEXICO, TO BE DEPUTY ANT SECRETARY OF STATE (DIPLOMATIC SECURITY), objection, it is so ordered. SECRETARY OF THE INTERIOR, VICE DAVID J. HAYES, VICE ERIC J. BOSWELL, RESIGNED. RESIGNED. f DEPARTMENT OF THE TREASURY BROADCASTING BOARD OF GOVERNORS PROGRAM SARAH BLOOM RASKIN, OF MARYLAND, TO BE DEPUTY KENNETH R. WEINSTEIN, OF THE DISTRICT OF COLUM- SECRETARY OF THE TREASURY, VICE NEAL S. WOLIN. BIA, TO BE A MEMBER OF THE BROADCASTING BOARD OF Mr. WHITEHOUSE. There will be two GOVERNORS FOR A TERM EXPIRING AUGUST 13, 2014, VICE UNITED STATES TAX COURT rollcall votes at noon tomorrow: con- DENNIS MULHAUPT, RESIGNED. firmation of the Chen nomination and L. PAIGE MARVEL, OF MARYLAND, TO BE A JUDGE OF THE UNITED STATES TAX COURT FOR A TERM OF FIF- DEPARTMENT OF STATE cloture on the THUD bill. Additionally, TEEN YEARS. (REAPPOINTMENT) there will be a vote in the afternoon on AMY JANE HYATT, OF CALIFORNIA, A CAREER MEMBER DEPARTMENT OF STATE OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– confirmation of the Power nomination. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND JOHN L. ESTRADA, OF FLORIDA, TO BE AMBASSADOR PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA EXTRAORDINARY AND PLENIPOTENTIARY OF THE f TO THE REPUBLIC OF PALAU. UNITED STATES OF AMERICA TO THE REPUBLIC OF TRIN- IDAD AND TOBAGO. ADJOURNMENT UNTIL 9:30 A.M. NATIONAL SCIENCE FOUNDATION TOMORROW NOAH BRYSON MAMET, OF CALIFORNIA, TO BE AMBAS- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF FRANCE A. CORDOVA, OF NEW MEXICO, TO BE DIREC- THE UNITED STATES OF AMERICA TO THE ARGENTINE TOR OF THE NATIONAL SCIENCE FOUNDATION FOR A Mr. WHITEHOUSE. Mr. President, if REPUBLIC. TERM OF SIX YEARS, VICE SUBRA SURESH, RESIGNED. there is no further business to come be- ROBERT O. BLAKE, JR., OF MARYLAND, A CAREER MEM- fore the Senate, I ask unanimous con- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF CA- REER MINISTER, TO BE AMBASSADOR EXTRAORDINARY f sent that it adjourn under the previous AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF INDONESIA. order. THOMAS FREDERICK DAUGHTON, OF ARIZONA, A CA- There being no objection, the Senate, REER MEMBER OF THE SENIOR FOREIGN SERVICE, CONFIRMATION at 8:17 p.m., adjourned until Thursday, CLASS OF MINISTER–COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE Executive nomination confirmed by August 1, 2013, at 9:30 a.m. UNITED STATES OF AMERICA TO THE REPUBLIC OF NA- MIBIA. the Senate July 31, 2013: f PHILIP S. GOLDBERG, OF THE DISTRICT OF COLUMBIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, DEPARTMENT OF JUSTICE NOMINATIONS CLASS OF CAREER–MINISTER, TO BE AMBASSADOR EX- TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED BYRON TODD JONES, OF MINNESOTA, TO BE DIRECTOR, Executive nominations received by STATES OF AMERICA TO THE REPUBLIC OF THE PHIL- BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLO- the Senate: IPPINES. SIVES.

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