Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 113 CONGRESS, FIRST SESSION

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

Vol. 159 WASHINGTON, THURSDAY, JULY 25, 2013 No. 108 Senate The Senate met at 9:30 a.m. and was ator from the State of Hawaii, to perform system, proposing the investment called to order by the Honorable BRIAN the duties of the Chair. would pave the way for a new era of SCHATZ, a Senator from the State of PATRICK J. LEAHY, American growth. Hawaii. President pro tempore. Why did Dwight Eisenhower do this? Mr. SCHATZ thereupon assumed the As a young major in the Army, he was PRAYER chair as Acting President pro tempore. directed to bring a convoy of troops The Chaplain, Dr. Barry C. Black, of- f and equipment across the country and he determined at that time something fered the following prayer: RECOGNITION OF THE MAJORITY had to be done. The roads were non- Let us pray. LEADER Our Father, be with our Senators not existent, and those that existed were only in great moments but also in the The PRESIDING OFFICER. The ma- not in very good shape. So when he be- repetitive and common tasks of life. jority leader is recognized. came President, after having been such Make them children of faith and heirs f a successful leader of our efforts in World War II, he asked Congress to in- of peace. May they tackle even mun- SCHEDULE dane responsibilities with integrity and vest $50 billion. Under present-day dol- faithfulness, cheerfulness and kindness, Mr. REID. Mr. President, following lars, that would be about $500 billion. optimism and civility. Lord, give them my remarks and those of Senator That meant almost 50,000 miles of new wisdom to be patient with others, ever MCCONNELL, there will be a period of highways. lenient to their faults and ever prompt morning business until 11 a.m., with There are still ideas out there we to praise their virtues. May they bear the first 30 minutes controlled by the should do. Eisenhower, along with Roo- one another’s burdens and so fulfill majority and the second 30 minutes by sevelt, did some things that were new Your law. Keep them ever mindful of the Republicans. and unique. But look back at what the brevity of life and of the impor- Following morning business the Sen- they did. Look at the good of Social tance of being faithful in little things. ate will resume consideration of S. Security. Look at the good of our We pray in Your merciful Name. 1243, which is the Transportation ap- interstate highway system. Amen. propriations bill. Senator MURRAY will With the highway bill, back in 1956, continue to work through the amend- the bipartisan vote wasn’t even close. f ments with ranking member SUSAN Listen to this: It passed the Senate 89– PLEDGE OF ALLEGIANCE COLLINS from Maine. We also hope to 1. It was approved in the House of Rep- vote on confirmation of the West nomi- resentatives by a voice vote. The Presiding Officer led the Pledge nation to be Associate Attorney Gen- About 40 years after President Roo- of Allegiance, as follows: eral. Senators will be notified when sevelt decided he should do something I pledge allegiance to the Flag of the votes are scheduled. about taking care of people in their United States of America, and to the Repub- lic for which it stands, one nation under God, f golden years here in America, Presi- indivisible, with liberty and justice for all. dent Harry Truman envisioned a pro- DOING WHAT IS GOOD FOR gram that would protect every senior f AMERICA citizen from illness and need. Well, 83 APPOINTMENT OF ACTING Mr. REID. Mr. President, about 80 Republicans helped Lyndon Johnson PRESIDENT PRO TEMPORE years ago when President Franklin and Democrats in Congress create Roosevelt first proposed Social Secu- Medicare. Democratic President Roo- The PRESIDING OFFICER. The rity as insurance against poverty in old sevelt, Republican President Eisen- clerk will please read a communication age, the idea was controversial, new, hower, Democratic Presidents Truman to the Senate from the President pro never been done before, nothing like it. and Johnson were the reason we have tempore (Mr. LEAHY). But in 1935, 97 Republicans joined Medicare. Since the law was enacted in The assistant legislative clerk read Democrats in Congress to create one of 1965, poverty among seniors in this the following letter: the most successful programs—if not country has decreased and life expect- U.S. SENATE, the most successful program—in the ancy has increased every 10 years be- PRESIDENT PRO TEMPORE, history of our country and in the cause of Medicare. Washington, DC, July 25, 2013. To the Senate: world. On each of these occasions I have Under the provisions of rule I, paragraph 3, Two decades, about sixty years later, talked about, and countless others of the Standing Rules of the Senate, I hereby President Dwight Eisenhower proposed throughout the course of American his- appoint the Honorable BRIAN SCHATZ, a Sen- the Nation’s first interstate highway tory, lawmakers—divided by political

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

S5925

VerDate Mar 15 2010 01:03 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.000 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5926 CONGRESSIONAL RECORD — SENATE July 25, 2013 party—have united to pass important tion for opposition’s sake has resulted start actually working with the rep- groundbreaking legislation. On the in gridlock and dysfunction and bitter resentatives of the people. Because, issues that matter most—when lives bipartisanship, hostage-taking and let’s be perfectly clear, Americans are at stake, when the country and the standoffs. aren’t worried about how many tomor- economy of the country is at stake, I was on a long interview on public rows there are to come. They are wor- when America’s competitiveness is at broadcasting yesterday. They asked, ried about what those tomorrows will stake—lawmakers, divided by political What about the numbers of Congress actually bring: the bills in tomorrow’s party, have been drawn together by being so low? I said, I haven’t gotten a mail, the cuts in tomorrow’s paycheck, shared priorities. It is time to renew call from any of the pollsters, but if I the affordability of tomorrow’s health that tradition. had, I would agree with this number. costs. These are the things that can’t Over the last 5 years, this Nation has Congress is dysfunctional, and that is be addressed with reheated speeches or dug its way out of the hole created by unfair to the American people. It has clever quotes. They require actually the great recession. I could go into rea- made it almost impossible for Congress working with people, including those sons why the great recession happened, to advance the big ideas, to achieve the you might not always agree with. but let’s drop that for now. It hap- big things, to realize the big dreams it For instance, going around telling pened. We have an opportunity now to once could. But it is not too late for people ObamaCare is working the way come together again, this time to lay reasonable people from both parties it is supposed to or that it is fabulous the foundation for a stronger, smarter, and on both sides of the Capitol to or wonderful, as several of our Demo- and more competitive America. change that. It is not too late for law- cratic friends have done, doesn’t As Democrats and Republicans came makers, divided by political party but change reality. It is just words. It together in the past to ensure the sharing the same priorities, to unite to doesn’t change the fact that recent sur- health and dignity of our Nation’s sen- pass important legislation. veys show only 13 percent of Americans iors, as Democrats and Republicans Like President Obama, I am an opti- now believe the law will help them or came together to pave the way for a mist. I remain hopeful despite the dis- that about half believe it will make mobile and competitive economy, so agreements and difficulties over the things worse for the middle class or Democrats and Republicans today last 5 years. I am hopeful my Repub- that actuaries are now predicting cost must come together to build a future lican colleagues are using the same increases of 30 percent or more in my where hard work is all it takes to turn yardstick as I am. And I know they are home State of Kentucky. opportunity into prosperity. asking themselves, as I am, Is it good I know the President likes to point Yesterday President Obama laid out for America? to the few places, as he did yesterday, a roadmap to restore that promise for f where premiums might actually drop every American. The speech took an under ObamaCare, but he is basically hour, but every minute of it was impor- RECOGNITION OF THE MINORITY silent on the places where it has been tant. He laid out a vision to encourage LEADER announced that premiums will go up responsible home ownership, to educate The ACTING PRESIDENT pro tem- under ObamaCare, and he will not say a new generation of workers, and to pore. The Republican leader is recog- a word about all the people who have create jobs rebuilding Eisenhower-era nized. lost their jobs or seen their pay cut. roadways and bridges. f For instance, the Washington Post Every day I am impressed by Presi- recently profiled a part-time college dent Obama’s focus on restoring a vi- WORKING WITH OTHERS professor from Virginia who, like many brant economy. And every day I am en- Mr. MCCONNELL. Mr. President, like in his situation, will see his hours couraged by his optimism that with a the President, I appreciate a good lit- slashed as a result of this law. As the little cooperation and the help of a few erary reference every now and then. Post put it: reasonable Republicans, we can achieve Placed in the proper context, a citation For [this man], the President’s health care that goal. We only need a handful of from some great writer or thinker can law could have meant better health insur- Republicans to break away from what sum up a vision and inspire people. ance. Instead, it produced a pay cut. has gone on this past 5 years. I look When Douglas MacArthur bade fare- And, many would agree, not for the forward to hearing more details from well to West Point, he echoed an an- better, especially for the growing num- the President about his proposals in cient thinker’s ominous warning that ber of Americans forced into part-time the coming days and weeks. ‘‘only the dead have seen the end of work with fewer hours and smaller President Eisenhower understood war.’’ And the biblical references in paychecks as a result. that lawmakers—Republican or Demo- JFK’s famous inaugural address rep- One part-time waitress interviewed crat—should be drawn together by resent another classic use of the well- in another paper said: shared priorities. We should all play on placed quote. I can’t believe I voted for this. This is not the same team. This is what he said: But I think a lot of people are still the change I wanted, and it feels like there’s I have one yardstick by which I test every scratching their heads about President no hope. majority problem—and that yardstick is: Is Obama’s promise yesterday to bring So if the President is ready to pivot it good for America? Americans an ‘‘ocean of tomorrows.’’ from campaign mode to governing General Eisenhower was right then Frankly, I don’t even think that Carl mode, he can start by dropping the and he is right today. Sandburg fans out there would get it. I misleading claims and admitting what Throughout our Nation’s history, wonder: Does he? Because the Presi- pretty much everybody knows: that a Congress has used that same measure. dent himself said his speech probably lot of Americans are going to feel the But over the last 5 years, something wouldn’t change any minds. pain once this ocean-full of tomorrows has changed. When my Republican Even the advisers who endlessly finally crashes ashore. Americans are counterpart said his No. 1 goal was to hyped this thing more or less conceded worried, and I don’t blame them. defeat President Obama, the words ‘‘at there wouldn’t be any there there—no Just last week, as I often do, I met any cost’’ were implied. groundbreaking proposals, no tack to with employers from around Kentucky Since 2009, Republicans have refused the center, no promise to finally start who expressed continued concerns to join Democrats in the important job working collaboratively with Congress. about the impact this law will have on of legislating. It has worked. They Well, they were right. So you have to their operations. They want the Demo- have refused to join us in leading, pre- ask, what was the point? crats who run the Senate to follow the ferring instead to stake out ideological Look, this President is a terrific lead of the House in delaying territory or try to score political campaigner. We all recognize that. He ObamaCare for everyone, both busi- points. Republicans have balked at new has a way with words too. But at some nesses and individuals, and they know ideas. But they have also balked at old point campaign season has to end and it makes sense to do so. I know they ideas they once supported, solely be- the working with others season has to want the President to sign the bill cause those ideas are now favored by begin. At some point you have to stop when it passes, and I agree he should. President Obama. This kind of opposi- promising an ocean of tomorrows and It would be a great first step toward

VerDate Mar 15 2010 01:03 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.002 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5927 implementing the permanent delay our SEC still has not proposed meaningful Minnesota. People lost their homes, country needs—a delay that would give reforms. The SEC has studied the issue, their jobs, their retirement savings, Republicans and Democrats the chance the Financial Crisis Inquiry Commis- and their health insurance. to start over and work together, this sion has studied the issue, and the Per- I have previously shared on the floor time on a bipartisan step-by-step set of manent Subcommittee on Investiga- the story of my constituent Dave Berg health reforms that would actually tions has studied the issue. Now it is from Eden Prairie, MN. He testified at lower costs. time to move forward and take action a field hearing I had in May of 2010 and But we cannot get there until the on the issue. told his story about having to start President changes his mindset, until he Let me start off by briefly reminding over—finding a new job and rebuilding puts the poetry down for a moment, everyone what this conflict of interest his retirement savings—at 57 years of flips the campaign switch off and the is about and why it is important. In the age. His reflections on his experience governing switch on. When he does, I years leading up to 2008 financial colin the recession mirror those of mil- think he will be surprised to find just lapse the credit rating agencies were lions of other Americans. how many Republicans want to do ex- enjoying massive profits and booming He said: actly what we have said all along—to business. There is nothing inherently The downturn of the economy, caused in work with him on solutions to get our wrong with massive profits and boom- part by the abuses on Wall Street, led to the economy moving, our jobs growing, and ing business, but there was one funda- loss of my retirement security. Reforming our health care more affordable. We mental problem: Booming business was the way Wall Street operates is important to me personally, because I have a lot of saving are waiting. Americans are waiting. I coming at the expense of accurate yet to do—and I simply cannot afford an- hope he will finally be ready soon. credit ratings, which is supposed to be other Wall Street meltdown. I need to have I yield the floor. the entire reason for the existence of confidence in the markets—and I need to the credit rating agencies. f know there is accountability to those who Credit rating agencies were and still caused a financial crisis. RESERVATION OF LEADER TIME are paid to issue ratings directly by the It is hard to overestimate the extent The ACTING PRESIDENT pro tem- big Wall Street banks issuing the paper to which the credit rating agencies pore. Under the previous order, the and requesting the ratings. If a rating contributed to the financial crisis in leadership time is reserved. agency—let’s say Moody’s—does not which millions like Dave Berg lost provide the triple-A rating the bank their jobs, their homes, and far too f wants, the bank can then just take its many Minnesotans had their hopes for MORNING BUSINESS business over to Fitch or S&P. That is the future dashed. called ratings shopping, and it con- The ACTING PRESIDENT pro tem- These Americans are not necessarily tinues to this day. The opportunity for pore. Under the previous order, the seeking retribution from Wall Street. ratings shopping creates an incentive Senate will be in a period of morning They just need to be assured it will not for the credit raters to give out those business until 11 a.m., with Senators happen again. They know there is a triple-A ratings even when they are not permitted to speak therein for up to 10 problem and the problem needs to be warranted, and that is exactly what minutes each, with the time equally di- fixed. happened with the subprime mortgage- We do not need further proof of that, vided and controlled between the two backed securities that played such a but we get it in the February com- leaders or their designees, with the ma- crucial role in the financial crisis—and plaint filed by Department of Justice jority controlling the first 30 minutes it happened over and over. It became against S&P in which DOJ alleges—as and the Republicans controlling the ingrained in the culture of the indus- it stated when it filed the complaint— second 30 minutes. try. that the credit rating agency ‘‘falsely Mr. MCCONNELL. I suggest the ab- The Permanent Subcommittee on In- represented that its ratings were objec- sence of a quorum. vestigations, chaired by Senator LEVIN, tive, independent, and uninfluenced by The ACTING PRESIDENT pro tem- took a close look at the big three rat- S&P’s relationships with investment pore. The clerk will call the roll. ing agencies, examined millions of banks when, in actuality, S&P’s desire The assistant legislative clerk pro- pages of documents, and released an ex- for increased revenue and market share ceeded to call the roll. tensive report detailing the internal led it to favor the interest of these Mr. FRANKEN. Mr. President, I ask communications at Moody’s, S&P, and banks over investors.’’ unanimous consent that the order for Fitch. Among the many troubling e- The complaint highlights the pat- the quorum call be rescinded. mails, there is one in particular from ently problematic way the credit rat- The ACTING PRESIDENT pro tem- an S&P official that sums up the pre- ing agencies habitually did business. pore. Without objection, it is so or- vailing attitude quite nicely: ‘‘Let’s One e-mail obtained in that investiga- dered. hope we are all wealthy and retired by tion from a high-level S&P official f the time this house of cards falters.’’ reads: With all the risky bets in the finan- CREDIT RATING AGENCIES We are meeting with your group this week cial sector—and bets on those bets— to discuss adjusting criteria for rating CDO’s Mr. FRANKEN. Mr. President, I rise our financial sector indeed became a of real estate assets . . . because of the ongo- today to discuss a problem I have spo- house of cards. But without the con- ing threat of losing deals. ken about many times over the past 3 duct of the credit raters, the house of CDOs—collateralized debt obliga- years, beginning with debate on the cards would have been just one card tions—are one of those derivatives, or Dodd-Frank Wall Street reform bill. tall. bets, that added stories to the house of That bill, which Congress passed in Two years after that e-mail was writ- cards. This official had apparently be- July 2010, contained a provision I au- ten, that house of cards did not just come so comfortable with the culture thored with my Republican colleague falter, it collapsed. Because that house of conflicts of interest that he appeared Senator ROGER WICKER of Mississippi. of cards had grown several stories high, to have no reservations about putting Our provision gave the Securities and when it collapsed it brought down the it in writing. Exchange Commission the authority to entire American economy with it. The In fact, a while ago, S&P asked the issue rules to address the conflicts of financial meltdown cost Americans $3.4 judge in the case to throw out the Jus- interest inherent in the credit rating trillion in retirement savings. It trig- tice Department lawsuit against them industry—conflicts of interest which gered the worst crisis since the Great by pointing to a previous decision contributed mightily to our recent fi- Depression with its massive business made by a U.S. district court judge in nancial collapse and which have con- failures and mass foreclosures and job an earlier securities fraud case against tinued to plague that industry through losses and the explosion of our national them. That earlier suit against the today. debt. S&P had been filed by shareholders I am speaking about this issue again The crisis profoundly affected the ev- who said they had bought their shares because even though the conflicts con- eryday lives of millions of Americans believing that S&P’s ratings were inde- tinue to put our economy at risk, the in so many negative ways, including in pendent and objective—as the S&P had

VerDate Mar 15 2010 01:03 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.003 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5928 CONGRESSIONAL RECORD — SENATE July 25, 2013 long declared. But the judge in the ear- pertise but also, after time, on its Jules Kroll, the CEO of Kroll Bonding lier case dismissed the shareholders’ track record. Our approach would Credit Agency, said of the Big Three: suit, finding that the S&P’s statements incentivize and reward excellence. The ‘‘They’re selling themselves out, just that their ratings were independent current pay-for-play model—with its as they did before.’’ and objective were ‘‘mere puffery.’’ In inherent conflict of interest—would be The Big Three were also represented other words, no one could take S&P’s replaced by a pay-for performance at the roundtable. An S&P representa- statements about their ratings objec- model. This improved market finally tive argued against meaningful reform tivity and independence seriously. It allows smaller rating agencies to break by suggesting that ‘‘a government as- was just puffery and advertising that the Big Three’s oligopoly. signment system could create uncer- no one could believe. The oligopoly is clear. The SEC esti- tainty, could slow down markets, and Very recently, S&P tried to use—in mates that as of December 31, 2011, ap- disrupt capital flows at a time when we the Department of Justice’s case proximately 91 percent of the credit could least afford it.’’ He didn’t men- against them in their filing—the ear- ratings for structured finance products tion puffery. Unsurprisingly, I disagree lier ‘‘puffery’’ ruling to try to get the were issued by the three largest credit with his characterization and would in- Justice Department suit thrown out rating agencies—Fitch, Moody’s, and deed suggest that what we can least af- against them. So S&P’s legal argument S&P—each of which was implicated in ford is to maintain the status quo. was that no one could reasonably think the PSI investigation. The other five An alternative proposal, the continu- that they had a reputation for pro- agencies doing structured finance ation of the 17g-5 proposal, was met ducing independent and credible rat- make up the remaining 9 percent. with more than a little skepticism. The ings. The current oligopoly does not 17g-5 Program seeks to encourage un- Thankfully, earlier this month, the incentivize accuracy. However, if we paid, unsolicited ratings by requiring judge in the DOJ suit ruled that the move to a system based on merit, the the sharing of data on which ratings DOJ suit could go forward and said last smaller credit rating agencies would be are based. The theory is, unsolicited week he found S&P’s puffery defense to better able to participate and serve as ratings will keep paid ratings honest. be ‘‘deeply and unavoidably troubling.’’ a check against inflated ratings, there- Joseph Petro of Morningstar Credit S&P’s rationale should strike us all by helping to prevent another melt- Ratings said using the unsolicited rat- as deeply and unavoidably troubling down. ing program ‘‘is not the best use of re- because their legal defense—this is In our proposed model, the inde- sources as we’re trying to build out our S&P’s legal defense—said no one could pendent board would be comprised ratings platform.’’ SEC Commissioner possibly rely on their ratings. But mainly of investor types—managers of Troy Paredes made a strong point their job is to provide independent, ob- university endowments and pension when he noted that negative, unsolic- jective, and accurate ratings. Millions funds—who have the greatest stake in ited ratings by a firm ‘‘may not be the of Americans lost their jobs because the reliability of credit ratings, as well best way to get business in an issuer- S&P didn’t do its job. S&P didn’t do as representatives from the credit rat- pays setting.’’ By the time the report their one job. They have one job and ing agencies, the banking industries, was written, the 17g-5 Program had that is to provide accurate ratings. and academics who have studied this produced only one or two ratings. They didn’t do their one job. They have issue. I have said all along that I believe no other job. Our amendment passed the Senate the proposal of Senator WICKER and I am glad the Department of Justice with a large majority, including 11 Re- myself is a good one and the right one, is pursuing this case, but DOJ’s action publican votes. This is not a progres- and I continue to believe that more and is not enough. It is backward-looking sive or conservative idea, it is a com- more as I have thought about it and and addresses past harms. My concern monsense idea. looked at it in the years now since we is that the conduct continues to this The final version of Dodd-Frank originally wrote the legislation. But I day. modified the amendment and, to be have also said I am open to any other The ACTING PRESIDENT pro tem- frank, put more decisionmaking au- meaningful proposals, and I will sup- pore. The Senator’s time has expired. thority in the hands of the SEC as to port any proposal the SEC recommends Mr. FRANKEN. Mr. President, I ask how to respond to the problem of con- that addresses the conflicts of interest unanimous consent for 5 more minutes. flicts of interest in the credit rating in a meaningful way. But the Round- The ACTING PRESIDENT pro tem- agency industry. The final version di- table made very clear once again that pore. Without objection, it is so or- rected the SEC to study the proposals reform is necessary and that the status dered. that Senator WICKER and I made, along quo is inadequate to protect American Mr. FRANKEN. Mr. President, I am with other alternatives, and then de- investors, workers, and homeowners in glad the DOJ is going forward in pur- cide how to act. the years ahead. suing this case, but as I said it is not The SEC released its study in Decem- Dealbreaker.com, a satirical blog enough. It is backward-looking and ad- ber. The study acknowledged the con- that covers Wall Street, ran a post on dresses past harms. My concern is that flicts of interest in the credit rating in- the day of the SEC Roundtable with the conduct continues to this day. The dustry and reviewed our proposal and this title: ‘‘The SEC Will Keep Talking credit raters are still influenced by the many of the alternatives. They laid out About Credit Rating Agencies Until relationships with the banks because the pros and cons of each proposal Everyone Stops Paying Attention.’’ that is who pays them. It is a clear without reaching a definitive conclu- That is one approach Wall Street regu- conflict of interest, and we need to sion on which route to pursue. lators can choose to take and it would prioritize actions that will prevent an- The study also proposed holding a be completely unacceptable. To do that other meltdown in the future. roundtable discussion to further exam- would be to fail the American people. The Dodd-Frank provision I wrote ine reform opportunities. This SEC Senator WICKER and I have worked with Senator WICKER, if implemented convened this roundtable on May 14, with the SEC continuously over the in full, would root out the conflicts of and both Senator WICKER and I had the past 3 years, and I will continue to pur- interest from the issuer pays model. opportunity to present opening re- sue this issue until the SEC fulfills its The amendment we offered and the marks. Bloomberg News had a good ar- directive to address the conflicts of in- Senate passed directed the SEC, Secu- ticle on the roundtable on March 14, interest in the credit rating industry. I rities and Exchange Commission, to cluding several key quotes that I am am obligated to my constituents and to create an independent self-regulatory going to use in my remarks. The the American public to make sure that organization that would select which roundtable provided a rigorous exam- satirical headline does not become re- agency—one with the adequate capac- ination of our proposal and of the al- ality. ity and expertise—would provide the ternatives. I look forward to working with the initial credit rating of each structured One executive who was from a small- SEC on the next steps toward a pro- financial product. er rating agency endorsed the concept posed rule on credit rating reform. The assignments would not be based of a rotating assignment system to I yield the floor, and I note the pres- just on the agency’s capacity and ex- help break up the current oligopoly. ence of both of my esteemed colleagues

VerDate Mar 15 2010 01:03 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.004 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5929 from Hawaii, including the one pre- Congress created the Hawaiian Home nity Development Block Grant, or siding, and Senator HIRONO, who is Lands trust to provide housing and set- CDBG. Certainly, Hawaii has been able about, I believe, to ask for the floor. tlement opportunities for Native Ha- to put CDBG funds to good use, and The ACTING PRESIDENT pro tem- waiians. However, as the statistics I agencies across the country rely on pore. The Senator from Hawaii. just laid out show, this indigenous pop- this essential block grant funding to f ulation continues to struggle with find- continue meeting the needs of their ing affordable quality housing in their most vulnerable populations. TRANSPORTATION, HOUSING AND place of origin. The HOME Investment Partnerships URBAN DEVELOPMENT APPRO- That is why the Native Hawaiian Program is yet another example where PRIATIONS Housing Block Grant, or NHHBG, is so the funding level in the Senate’s bill is Ms. HIRONO. Mr. President, I rise important. These funds can be used for warranted. If Hawaii is any indication, today to speak in support of S. 1243, the a variety of initiatives. For example, HOME funds move out the door so Transportation, Housing and Urban De- the current wait list for access to hous- quickly that many subgrantees with velopment and Related Agencies Ap- ing on homestead land is long and con- equally worthwhile projects are left propriations Act for 2014. I wish to tinues to grow. Funding the NHHBG waiting for the next fiscal cycle to thank Senators MURRAY and COLLINS helps the Department of Hawaiian compete. as well as Senators MIKULSKI and Home Lands to continue developing The support for CDBG, HOME, and SHELBY for their hard work. The bill lands to meet the housing needs of other programs in the bill provides before us reflects the bipartisan agree- those on the wait list as well as future communities across the country with ment that funding our Nation’s trans- beneficiaries, allowing the Department the means to provide safe, affordable portation and housing infrastructure is to effectively administer this trust re- housing for the least fortunate, the el- vital to creating jobs and supporting sponsibly. derly, and others. However, as the wide strong communities. The 184A Program is another impor- support for these programs dem- I wish to thank the committee for tant tool for assisting Native Hawai- onstrates, there is more need in our funding programs that support projects ians in securing homes on home- communities than there are resources. that are especially crucial for my home steads—lands they cannot own. As I Since the sequester has taken effect, State of Hawaii. have mentioned, the cost of living—es- things have only gotten harder for First, the committee’s bill provides pecially housing—in Hawaii is among those who are struggling the most. nearly $2 billion for capital improve- the highest in the country. On top of Every day it seems we hear about hous- ment grants which support transit saving up the cost of a downpayment ing vouchers being frozen or rescinded projects across the country. Especially for a mortgage, there is the tricky task or about how elderly or support serv- important for Hawaii is Honolulu’s rail of securing a mortgage for a home ices are being cut back or about how transit project which, when completed, without ownership of the land beneath the lines for limited public housing will provide much needed relief for it. This has proved problematic not grow as people who have been out of Oahu’s commuters. Studies have shown only for Native Hawaiians but also Na- work for too long exhaust their sav- that during the morning peak period, tive Americans and Alaska Natives. ings. For many of the people who rely the average travel time from East The 184A Loan Guarantee Program on these programs, there is nowhere Kapolei to Honolulu is 89 minutes—89 helps get Hawaiians onto homesteads else to turn. This bill doesn’t fix all of the prob- minutes for a 17-mile drive. The rail by providing a guarantee for lenders lems caused by the sequester, nor does will turn that into a 40-minute ride who are unfamiliar with the Hawaiian it fully address the critical needs to above traffic. The project is estimated homes program. create jobs. However, it is a bipartisan to remove roughly 40,000 cars from I also wish to thank the committee step forward that makes positive Oahu’s congested roadways, providing for supporting the Essential Air Serv- progress in all of these areas. Perhaps relief for buses and other surface public ices Program. Being an island State, it will give us some momentum in transportation services. Hawaii is uniquely affected by any tackling those big challenges our Na- While the rail project is a crucial changes to air transportation policy. tion faces in a more comprehensive step forward for developing Hawaii’s For us, driving between counties is not way. most populous island, it is the commit- an option. So air service is, for all in- I urge my colleagues to support this tee’s support for Hawaii’s indigenous tents and purposes, the only way to get important legislation. people for which I especially extend my from one island to another. Thank you, Mr. President. I yield the thanks. The committee’s funding of There is a population in Hawaii that floor. both the Native Hawaiian Housing uniquely demonstrates the reason for The ACTING PRESIDENT pro tem- Block Grant and the 184A Loan Guar- the Essential Air Service Program: the pore. The Republican whip. antee Program will help our Nation residents of Kalaupapa. Kalaupapa is Mr. CORNYN. Mr. President, we now continue fulfilling its trust obligations an isolated peninsula on the island of know, the IRS targeting scandal impli- to Native Hawaiians. Molokai. Beginning in 1966, this area cates senior officials at the very high- In 2010, the American Community was used as an exile for Hansen’s dis- est levels of the Internal Revenue Serv- Survey reported that 27.2 percent of ease patients. This practice continued ice. Indeed, we know the Office of the Native Hawaiians in Hawaii live in until a quarantine of the area was fi- Chief Counsel of the IRS, headed by an overcrowded conditions, compared to nally lifted in 1969. It was precisely be- administration appointee, was aware of 8.5 percent of Hawaii’s total popu- cause of Kalaupapa’s remoteness and the abuses, according to sworn testi- lation. In addition, the overall cost of isolation that it was selected to serve mony in the House of Representatives. living in Hawaii is almost 50 percent this function for Hansen’s disease pa- We know that former IRS Commis- higher than the United States average, tients. sioner Douglas Shulman categorically and housing costs are almost 150 per- There are Hansen’s disease patients denied those abuses in March of 2012, cent higher. Coupled with these costs is who still reside in Kalaupapa. Their even though senior IRS officials the fact that 18 percent of Native Ha- only option for getting in and out of learned about them as early as June waiians live in poverty. the area for medical treatment, or to 2011. We know the IRS official who first The ACTING PRESIDENT pro tem- visit family and friends, is flying. revealed the abuses to the American pore. The time of the majority has ex- Maintaining proper funding for the Es- people decided to take the Fifth pired. sential Air Service Program directly Amendment, invoking her right not to Ms. HIRONO. I ask unanimous con- translates into assuring continued ac- incriminate herself, rather than testify sent for an additional 5 minutes. cess for the people of Kalaupapa to before Congress. Finally, we know IRS The ACTING PRESIDENT pro tem- other communities and the services officials improperly targeted not only pore. Without objection, it is so or- they need. conservative organizations but also po- dered. The committee’s bill also provides litical candidates and donors. Ms. HIRONO. Thank you, Mr. Presi- appropriate levels of funding for larger Still, yesterday the White House dent. national programs such as the Commu- Press Secretary called the various

VerDate Mar 15 2010 04:44 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.006 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5930 CONGRESSIONAL RECORD — SENATE July 25, 2013 scandals involving this administration these problems, and Detroit has filed are being asked to peddle the Afford- phony scandals. Well, I don’t know for bankruptcy. There is no good rea- able Care Act, perhaps to make up for anyone who actually believes that is son why Detroit or any other American past sins. true. When an institution such as the city ought to receive a taxpayer-funded While the American people grow Internal Revenue Service, with its bailout from Washington. I hope that more uncomfortable with this law, the power to literally tax and destroy, is the normal bankruptcy process will be administration has allowed $54 million abusing that power, it deserves the in- allowed to go forward, and I hope that to be spent on ‘‘navigators’’ to help vestigation of Congress and we need to the bankruptcy follows the rule of law push people toward this program. Re- get to the bottom of it. The idea, as and that the Obama administration reports have suggested that there will be initially floated out, that this scandal sists any temptation to meddle in the 175,000 of these so-called navigators, was the work of a few rogue staffers in process and play politics. whose job it is to facilitate this law. the Cincinnati office is no longer plau- My colleagues might recall that dur- Add that to the 16,000 new IRS agents sible, even if it was at one point. ing the 2009 government-run Chrysler who are being hired to implement This scandal clearly represents a se- bankruptcy process, the company’s se- ObamaCare, and it has become even rious breach of the public trust and has cured bondholders received much less clearer now just how flawed this law is. created a major credibility problem for for their loans than the United Auto It is being widely circulated that the this agency that is supposed to be ob- Workers pension funds. My colleagues administration is willing to spend jective and nonpartisan. It is bad might also recall that during the runup nearly $1 billion on advertisements to enough that America’s tax collection to the 2011 Solyndra bankruptcy, the entice the American people into buying authority has behaved like a thuggish Obama administration actually made something they do not want. The President’s recent decision to political machine, indeed, policing po- taxpayers subordinate to private lend- delay for another year the law’s man- litical speech and rights guaranteed ers, in violation of the law. under the First Amendment to the U.S. Detroit’s financial woes offer a warn- date on employers and small businesses is more compelling evidence that the Constitution. ing to all cities and States that are ObamaCare approach to health care re- To make matters worse, the Internal struggling with pension obligations form is not working and is only going Revenue Service will soon be respon- and unfunded liabilities. And speaking to make matters worse. It is remark- sible for administering some of the of unfunded liabilities, the Federal able that the same administration that most important provisions of the Af- Government currently owes more than pushed so hard for this health care fordable Care Act, otherwise known as $100 trillion worth of unfunded liabil- takeover is now hesitant to put in ObamaCare, including the individual ities ourselves for Medicare and Social place the very measures contained in mandate. In other words, the Internal Security—something that urgently the law, but I think the administration Revenue Service will be responsible for needs our attention. It is time for gov- has a very good reason to be hesitant. administering a law that affects one- ernment officials at all levels—State, Since ObamaCare’s inception, mid- sixth of the U.S. economy, and it will Federal, and local—to make the hard dle-class families have seen their pre- be collecting even more information fiscal choices we have been postponing miums skyrocket by an average of about individual American citizens. for way too long. $2,500. Nearly 75 percent of small busi- Are we comfortable with dramati- I yield the floor and suggest the ab- nesses in this country have been forced cally expanding the power of an agency sence of a quorum. to fire their employees or cut their that has proven so abusive and so The ACTING PRESIDENT pro tem- hours and turn full-time employees untrustworthy? I know I am not, which pore. The clerk will call the roll. into part-time workers. In fact, just is why 2 months ago I introduced a The legislative clerk proceeded to last month 322,000 workers were forced piece of legislation that would prevent call the roll. into part-time employment. So the ad- the Internal Revenue Service from par- Mr. HELLER. Mr. President, I ask ministration has created quite the bal- ticipating in its current role of imple- unanimous consent that the order for ancing act for middle-class families: At menting ObamaCare. Yesterday I sub- the quorum call be rescinded. the same time they are dealing with in- mitted this legislation as an amend- The ACTING PRESIDENT pro tem- creased health care costs and higher ment to the appropriations bill we are pore. Without objection, it is so or- premiums, they are confronted with re- currently considering. dered. duced work hours and the threat of Rather than give more power to the f being forced into part-time positions. I Internal Revenue Service, we should be OBAMACARE say that is an unacceptable situation giving more power to patients and in which to put the American people. their doctors. Remember, even before Mr. HELLER. Mr. President, last Clearly, at a time when we are ap- ObamaCare became law, the IRS had summer the Supreme Court narrowly proaching 5 straight years with an un- enough power to destroy the lives of upheld as a tax the massive govern- employment rate over 7.5 percent, American citizens. In the famous ment takeover of health care in Amer- ObamaCare’s job-crushing provisions words, I believe, of a Supreme Court ica, known more commonly as are only making things worse for our Justice, the power to tax is the power ObamaCare. Since then, as the law’s economy, and that is why the adminis- to destroy. He had it right. Now is the provisions have slowly been imple- tration is having second thoughts. worst possible time to give this agency mented, the size and scope of this co- No one argues that the health care such massive influence over the U.S. lossal monstrosity have become clear. system in this country is perfect. health care system, and this is past I opposed the ObamaCare bill from There are absolutely steps we can take overdue action on our part. Instead, we the very beginning as a Member of the to increase access to high-quality, af- should be curtailing the power of the House of Representatives serving on fordable health care. But ObamaCare’s Internal Revenue Service, replacing the Ways and Means Committee. Back massive expansion of the Federal Gov- ObamaCare with sensible, patient-cen- then Americans were told that Con- ernment’s role in the health care in- tered alternatives, and my amendment gress needed to pass the bill before dustry is not turning out to be the so- would do that. they could know all that was in it, but lution its supporters said it would be. Before I conclude, I wish to mention the more the American people learn That is why the architects of the legis- another amendment we will be filing to about it, the less popular it becomes. lation are cherry-picking which parts the appropriations bill—one I cospon- In fact, news reports tell us the admin- of the law to enforce, delaying some of sored with my friend from South Caro- istration is now looking for help from its key provisions. It is obvious this lina Senator GRAHAM. Our amendment Hollywood celebrities to push a bill legislation is well on its way to col- would prevent any funds in this bill that many Americans clearly do not lapsing under its own weight, and that from being used to bail out Detroit or support. That tactic has been used be- will only further hurt the American any American city that mismanages fore. In the 1950s and the 1960s, Holly- people and cause even greater damage its public finances. We have a Federal wood and some athletes were used to to our economy. bankruptcy code—chapter 9, specifi- sell and glamorize tobacco products. I have a three-part test that I have cally—that was designed to handle Today, Hollywood and some athletes told my constituents about countless

VerDate Mar 15 2010 01:03 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.008 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5931 times. It is a test that I apply when- OBAMACARE has chosen to delay for this next year ever I evaluate legislation, and it is Mr. THUNE. Mr. President, this when it was supposed to take effect, called the more-higher-less test. When week, the President of the United until January 1 of 2015. Most employ- legislation hits my desk, I evaluate States, President Obama, has made yet ers, unfortunately, are not taking whether that bill will lead to more another pivot back to the economy and great consolation in the fact that this competition, higher quality, and less to jobs, issues the American people is being delayed by 1 year. They know cost—hence the more-higher-less test. have not had the luxury of pivoting at some point they are going to have to If the bill passes the test, then it is a away from. comply with it. So they are taking those steps al- bill I will consider supporting. While the President is yet again at- ready, which is adding and fueling the That test is rooted in my belief that tempting to refocus on jobs and the data—the numbers I just mentioned the American free market system has economy, giving speeches is not a real with regard to people being forced into created the world’s greatest economy solution to our Nations problems. In part-time jobs. Americans are facing and allowed innovation and creativity fact, yesterday President Obama said decreased hours which means decreased to thrive. Competition is the key to in his speech that Washington is tak- wages. Additionally, families are fac- improving our health care system, not ing its eye off the ball. Mr. President, ing higher insurance premiums, which burdensome regulations and mandates, you are Washington. You have been further erodes their disposable income especially when they are selectively President now for 41⁄2 years. These are enforced by government bureaucrats. and opportunities to invest in a new your policies, policies that are hurting home or a better education for their Perhaps the Obama administration our economy and costing Americans has the same concerns about Obama- children. jobs. A growing number of Americans are Care that I have, and that is why they As for taking your eye off the ball, realizing ObamaCare is the wrong pre- would rather not fully enforce it until the President appears to be swinging scription for families who are at the after the next election. But if that is with his eyes closed, with his eyes mercy of an already struggling econ- the case, they need to make the tough closed to the impact that his policies omy. The administration has been decisions to address the problems in- are having on the economy in this forced to concede that the employer stead of pretending those problems do country. We do not have to look very mandate, which is a key component of not exist. far to see the impact of those policies. the ObamaCare legislation, is broken When I was recently back in my The ObamaCare legislation is having a and unworkable, which is why they home State of Nevada, I toured a med- crushing impact on jobs in this coun- have delayed it. ical school and spoke with a number of try—a crushing impact on the econ- We are starting to see Democrats, bright, hard-working students who ex- omy. who have historically been supportive pressed serious concerns about the ef- As we look at the unemployment of the law, suddenly jumping from the fects of ObamaCare. I told them that rate, it is still over 71⁄2 percent. It has ObamaCare sinking ship. On Monday, a one of my biggest fears was that the been there now for 54 months. That is headline in the Washington Post read, law would turn them all into govern- the worst job record of any President ‘‘Moderate Democrats are quitting on ment employees and it would put a bu- since the Great Depression. ObamaCare.’’ reaucrat between them and their pa- The President’s signature law, The article disclosed that fewer than tients. ObamaCare, continues to hamstring 50 percent of moderate to conservative Instead of a system like that, we the job market. In June alone, the last Democrats now support ObamaCare, need to reduce the cost of health care month for which we have data, 322,000 which is down more than 25 percentage services by enacting meaningful tort Americans were forced into part-time points since 2010 when it passed. Con- reform, making insurance more afford- employment status. Those are people gressional Democrats are also becom- able, and providing market-based solu- who otherwise would have been willing ing increasingly skittish about tions to meet consumer needs. We need to work full-time but because of these ObamaCare. The House vote last to create an atmosphere that will fos- policies that are encouraging more em- Wednesday on the employer mandate ter economic growth and job creation ployers to push their employees into delay passed 264 to 161—35 Democrats instead of punishing the middle class part-time status, we have 322,000 indi- joined 229 Republicans in support for with higher health care premiums and viduals in this country who want to that bill. fewer hours at work. work full-time that are now having to Additionally, there were 22 House I can understand the Obama adminis- work part-time. Democrats who voted to delay the tration’s decision to delay the em- ObamaCare and other policies put law’s individual mandate. Even a ployer mandate that is crushing small forward by this administration have Democratic Senator has introduced businesses across the country. That is been probably the best thing that has legislation for a 2-year—not a 1-year why so many of us opposed the law to happened to part-time jobs. Unfortu- but a 2-year employer mandate delay. begin with. But the American people nately, for most Americans, they want In a recent letter to the Democratic deserve far better than a cherry-pick- to be working full-time. A recent leadership, three large unions ex- ing, tax-increasing approach to health chamber of commerce survey shows pressed grave concerns with the law, care reform. American families should that nearly 75 percent of small busi- led by the Teamsters Union, the orga- not have to juggle higher health care nesses are firing workers or cutting nization that Jimmy Hoffa leads. premiums with the threat of losing hours. As implementation of the Once some of the biggest supporters their jobs or losing hours at work. ObamaCare law continues, the number of ObamaCare penned a letter—three They deserve commonsense solutions of small business owners who take major unions penned a letter basically that will reduce costs and increase ac- those steps, unfortunately, is only saying that the health care law will ‘‘shatter’’ health benefits and cause cess to high-quality care. ObamaCare going to increase. ‘‘nightmare scenarios.’’ Shatter health clearly is not that solution. According to a recent Wall Street benefits, create nightmare scenarios, I yield the floor. Journal article: that is what the unions are saying. The I suggest the absence of a quorum. Rod Carstensen, owner of 11 Del Taco res- unions also slammed the law for defin- The ACTING PRESIDENT pro tem- taurants around Denver began in April converting his mostly full-time workforce into ing a full-time employee as one who pore. The clerk will call the roll. works less than 30 hours. The legislative clerk proceeded to one comprising mostly part-time help to minimize his health care costs. . . . He is The unions went on to say in their call the roll. plowing ahead despite the ObamaCare ad- letter that the law ‘‘will destroy the Mr. THUNE. Mr. President, I ask ministration’s reprieve, he said, because we foundation of the 40 hour work week unanimous consent that the order for need to get there anyway, and it will take that is the backbone of the middle the quorum call be rescinded. until January 1 of 2015 to make this transi- class.’’ The ACTING PRESIDENT pro tem- tion. It is very clear that even those who pore. Without objection, it is so or- He is referring, of course, to the em- were vocal, those who vigorously de- dered. ployer mandate which the President fended and supported the ObamaCare

VerDate Mar 15 2010 04:44 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.010 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5932 CONGRESSIONAL RECORD — SENATE July 25, 2013 legislation, recognize this is not work- country. Rather than more campaign- create jobs in this country to generate ing and are making it abundantly clear style speeches touting the same old the economic growth that is necessary in the statements that they are now flawed ideas, the President should to improve the standard of living and making. work with Congress to put more Amer- the take-home pay of every American Just yesterday, as I mentioned, the icans back to work. family. This is what we need. President delivered a speech aiming to By working together, we can enact I hope the President will get off the yet again pivot, as he says, back to meaningful regulatory reform that will campaign trail, come back, and focus jobs and the economy. He used the provide relief to employers and to em- on what really matters to middle-class speech to kick off another campaign- ployees alike. We can fix our health Americans; that is, jobs, the economy, style tour of speeches in hopes that care system in a manner that lowers and a better life for their children and touting his continued commitment to costs while allowing families to keep grandchildren. an economic recovery will overshadow the doctors they want. We can enact I yield the floor. these harsh realities of ObamaCare and tax reform that will create economic Mrs. MURRAY. I suggest the absence other economic woes that plague this growth, lower the unemployment rate, of a quorum. country. and reduce our unsustainable budget The ACTING PRESIDENT pro tem- During yesterday’s speech, the Presi- deficit. pore. The clerk will call the roll. dent claimed he is dedicated to the We can expand access to domestic en- The legislative clerk called the roll. middle class and growing the economy ergy resources in a manner that fully Mrs. MURRAY. I ask unanimous con- from ‘‘the middle out.’’ What do these realizes the benefits of increased en- sent that the order for the quorum call concerns tell us about the state of the ergy production. This cooperation be rescinded. middle class? Hard-working Americans must start with President Obama get- The ACTING PRESIDENT pro tem- are now fearful about their job secu- ting off the campaign trail and getting pore. Without objection, it is so or- rity, about their health care coverage, to work with Congress on these impor- dered. and their ability to make ends meet all tant issues. So instead of pivoting yet f because of this catastrophic law. again to the economy, in campaign- The President’s strongest political style speeches, we need a President ORDER OF PROCEDURE allies who represent millions of work- that is here, that is working to address Mrs. MURRAY. Mr. President, I ask ers say the President’s signature do- the economic woes American families unanimous consent that morning busi- mestic achievement is ‘‘destroying the are experiencing. ness be extended until 11:30 a.m., and backbone of the middle class.’’ Al- If you want to start by going out and at 11:30 a.m. the Senate proceed to ex- though the President continues to touting things that you are going to do ecutive session to consider Calendar pivot to and away from these issues, for the economy, start right away by No. 186, as provided under the previous Senate Republicans remain focused on approving the Keystone Pipeline. That order. creating jobs and growth in this coun- is a no-brainer, in most people’s esti- The ACTING PRESIDENT pro tem- try. It is time for a real recovery. The mation. In fact, the President’s own pore. Without objection, it is so or- American people are ready to get back administration has analyzed and re- dered. to work. viewed and scrutinized and studied this Mrs. MURRAY. Mr. President, I sug- For 54 months, we have seen unem- thing now four different times and con- gest the absence of a quorum. ployment at or above 71⁄2 percent. That cluded it would have not an impact on The ACTING PRESIDENT pro tem- number does not reflect the people who the climate. pore. The clerk will call the roll. have given up looking for work. Let’s It would create immediate jobs, thou- The assistant legislative clerk pro- remove the heavy hand of Washington sands of jobs, construction jobs, and ceeded to call the roll. regulations from our job creators. Let’s then jobs over a long period of time. It Mrs. MURRAY. I ask unanimous con- create certainty for employers so they would help lessen the dependence we sent that the order for the quorum call might hire new employees, not cut the have on foreign sources of energy by be rescinded. hours of those they already have. freeing up transportation of energy re- The ACTING PRESIDENT pro tem- Let’s spare the middle class from pre- sources that come from friendly allies pore. Without objection, it is so or- mium increases. I have seen studies all in countries such as Canada to get to dered. over the place that suggest, for fami- American consumers in this country. f lies, for individuals, premiums across There are things the President could this country are going up. According to be doing that actually will create jobs. THE BUDGET Kaiser, for families, it is $2,500. In Come up here and engage in the debate Mrs. MURRAY. Mr. President, as the order to achieve the goals of addressing on tax reform. Commit to tax reform House and Senate have begun debating these issues in our economy, we have that is revenue neutral, that does not our separate appropriations bills for to start with a permanent delay of raise taxes on people who create jobs in the coming year, we have been forced ObamaCare for all Americans—not just this country but, rather, lowers the to take a very hard look at the num- for the employers, not just the em- rate to unleash economic growth and bers and exactly what so many impor- ployer mandate but the individual job creation in this country. Work with tant programs and services will look mandates, the other regulations that us to repeal, permanently delay, the like next year under cuts that are are 20,000 pages high—71⁄2 feet tall are ObamaCare regulations that are crush- forced by sequestration. I am here to the regulations that have been promul- ing jobs and the economy and, as I tell you, it is not pretty. gated to implement this law. It con- pointed out earlier, are forcing more As chair of the Budget Committee, it tinues to grow by the week. and more Americans into part-time has only served as a reminder to me of We did not need a 2,700-page bill. We jobs, forcing employers to either cut just how important it is to fully re- did not need 20,000 pages of regulations and reduce their workforce or not hire place the across-the-board cuts that se- to address the problems we have in our people they otherwise might hire, and questration has forced us to make, be- health care delivery system and health raising premiums for hard-working cause it is only getting worse. care coverage system today. But that middle-class families. Some of my Republican colleagues in is what we got. But the President’s job- Mr. President, it is not Washington the Senate, and most of them in the killing tactics do not stop just at that does not have its eye on the ball, House, it seems, don’t believe seques- health care. The President’s proposed it is you who does not have your eye on tration has had a real impact on fami- climate change regulations alone the ball. lies, their communities, and our mili- would cost 500,000 jobs and reduce We need you to focus like a laser on tary. household income by up to $1,000 per the economy and recognize that you I wish to take a few minutes to talk year. can’t close your eyes to the harmful, about what I have already seen in my Dodd-Frank has already cost $15.4 economic impact that your policies are home State of Washington, where the billion and 58.3 million hours in paper- having on too many middle-class impacts of sequestration have been work burdens on businesses across the Americans and small businesses who very severe.

VerDate Mar 15 2010 01:03 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.016 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5933 Washington State has a proud his- even with all of the challenges she Mrs. MURRAY. Mr. President, I ask tory of supporting our Nation’s Armed faces, Jennifer came here to talk about unanimous consent that the order for Forces. From Fairchild Air Force Base what those cuts will mean for others, the quorum call be rescinded. in eastern Washington to Joint Base for the people she cares for at the army The ACTING PRESIDENT pro tem- Lewis-McChord in the Puget Sound re- hospital where she works. pore. Without objection, it is so or- gion, our State is home to thousands of Because she has been furloughed—by dered. military families. the way, along with doctors and tech- f In addition to those active-duty serv- nicians and other employees at the EXECUTIVE SESSION icemembers, Washington State is also hospital—servicemembers and veterans home to thousands of civilian defense aren’t going to get the care they need. employees who work at these various These furloughs mean that everything NOMINATION OF DEREK ANTHONY military installations. Under seques- from routine checkups to brain sur- WEST TO BE ASSOCIATE ATTOR- tration, these men and women have geries is being delayed for these men NEY GENERAL borne the brunt of these across-the- and women who served our country. The ACTING PRESIDENT pro tem- board budget cuts. This month, weekly Let me repeat that: brain surgeries at pore. Under the previous order, the furloughs began for nearly 10,000 of military hospitals are being delayed Senate will proceed to executive ses- these civilian employees in my home because of cuts from sequestration. sion to consider the following nomina- State of Washington. So now, once That is unacceptable and, unfortu- tion, which the clerk will report. every week, they can’t go to work. nately, it is very real. The assistant legislative clerk read That amounts to a pay cut for them of The impacts on our civilian defense the nomination of Derek Anthony 20 percent. employees are just the tip of this ice- West, of California, to be Associate At- These are men and women—many of berg. Sequestration has resulted in dra- torney General. them veterans—with mortgages and matic cuts to countless other programs The ACTING PRESIDENT pro tem- medical bills and tuition costs, just throughout our country. Head Start fa- pore. Under the previous order, there like the rest of us. And thanks to the cilities have been forced to shut their will be 1 hour of debate equally divided gridlock here in Congress, their lives doors, Meals-on-Wheels Programs— and controlled in the usual form prior have become 20-percent tougher. One of vital to our Nation’s seniors—are serv- to a vote on the nomination. those people who is impacted is Will ing less needy seniors, and even our ju- Mr. LEAHY. Mr. President, today the Silva. He lives in Tacoma, WA, and he dicial system has been forced to let go Senate considers President Obama’s works at Joint Base Lewis-McChord. of prosecutors and public defenders. nomination of Tony West to be the As- We call it JBLM. Will is a former ma- The cuts are clear and they are, across sociate Attorney General, the No. 3 po- rine, he is an amputee, and he is a fire the board, impacting so many people in sition at the Justice Department. He is inspector at the base. Thanks to se- this country in our communities and in a superbly qualified veteran of the De- questration, he is one of 6,700 people in our families. partment of Justice who has been serv- that community who won’t be going to I understand many of us have dif- ing in this position in an acting capac- work tomorrow because Friday is fur- ferent opinions here on how to address ity for over a year. He had previously lough day at JBLM. our Nation’s financial challenges, but been confirmed by the Senate to be the So tomorrow, Friday, in my home before we do that, all of us have to un- Assistant Attorney General for the State of Washington, the 911 call cen- derstand the devastating impact se- Civil Division. ter and fire departments will be under- Before his work in the Justice De- questration has already had on our Na- staffed, air fields will be shuttered ex- partment, Mr. West spent 8 years in tion. I want to remind all my col- cept for emergencies, the military per- private practice in San Francisco, leagues that it doesn’t have to be this sonnel office and the substance abuse where he was a partner at a well-re- way. It doesn’t have to be this way. It center will be closed, the Madigan spected law firm and specialized in is now 124 days since the Senate passed Army Medical Center will be forced to complex commercial litigation. He also a budget that fully replaced the seques- close clinics, and even the wound care served as a special assistant attorney tration, and 17 times my colleagues clinic is going to be understaffed. All of general in the California Department and I have stood here and asked to go this is because of the cuts we all agree of Justice, as an assistant U.S. attor- to conference with the House to fix are hurting our country. ney for the Northern District of Cali- these ridiculous cuts. But 17 times now Jennifer-Cari Green is another person fornia, and as a special assistant to two our Republican colleagues have said who won’t be going to work at JBLM Deputy Attorneys General at the U.S. no. They have refused. tomorrow. Jennifer happens to be a Department of Justice. Mr. West single mother of a 6-year-old boy. She So I am here today absolutely com- earned his B.A. from Harvard, and his works at the Madigan Army Medical mitted to replacing sequestration. If J.D. from Stanford University Law Center in the neurosurgery depart- some of my colleagues think this is School, where he was elected president ment. Her job is to care for service- about politics or this is some kind of of the Stanford Law Review. members, many of whom are under- game, I would ask them to talk to Will The Judiciary Committee received going serious brain operations. or Jennifer or any of the thousands of dozens of letters in support of Tony Jennifer was here in Washington, DC, families who suddenly today can’t pay West from various individuals and or- on Tuesday to testify at our Budget their bills, because, for them, these ganizations, including the Inter- Committee hearing about the impacts cuts are very real and they need a solu- national Association of Chiefs of Po- of sequestration. It is impossible to for- tion now. lice, the U.S. Conference of Mayors, the get her story. Jennifer works very I hope other Members of the Senate National Association of Attorneys Gen- hard. She started there as a volunteer will come and talk about these cuts. eral, the National Sheriff’s Associa- in the surgery center but has worked We can fix this. We can replace seques- tion, and Taxpayers Against Fraud. her way up. She doesn’t make much tration. We can manage our country The National Association of Black Law money to support herself and her responsibly. We can be much smarter Enforcement Executives wrote that young son, and so she budgets every about what we are doing, but we need ‘‘throughout Mr. West’s career, he has month right down to the dollar. She the will of the Senate to allow us to go proven to be an effective partner to law has no luxuries, and in her only spare to conference to fix this and move for- enforcement. With this experience, we time she cares for her son and works ward and tell Will and Jennifer we, as believe him to be well-qualified to toward an associate degree at the com- a country, can work for them. serve as Associate Attorney General munity college. I yield the floor, and I suggest the ab- and look forward to working with him Jennifer told me that because of sence of a quorum. on a broad range of law enforcement these furloughs her take-home pay will The ACTING PRESIDENT pro tem- and public safety issues. It is our hope be almost exactly $1,000 a month— pore. The clerk will call the roll. that the Senate will confirm Mr. West $1,000 a month. That isn’t enough for The assistant legislative clerk pro- promptly to serve as the Associate At- her to pay her most basic expenses. But ceeded to call the roll. torney General of the United States.’’

VerDate Mar 15 2010 01:36 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.018 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5934 CONGRESSIONAL RECORD — SENATE July 25, 2013 This endorsement is typical of the May 28, 2013—Michael Brune, Executive Di- floor today and will continue into next many letters sent in support of Mr. rector, Sierra Club week. They both have a common West. I ask unanimous consent that a Mrs. FEINSTEIN. Mr. President, I theme, and that theme is to keep faith list of all 36 letters of support for Mr. am pleased that the Senate is consid- with the American people; to not put West’s nomination be printed in the ering Tony West’s nomination to be ourselves here in Washington, here in RECORD at the conclusion of my state- Associate Attorney General of the Congress, in a different, higher class ment. United States today. I have a great than middle-class Americans but to be I am confident that Tony West is deal of respect for Tony. As a fellow one of them; to truly represent them; well-qualified to be Associate Attorney Californian, I know he will serve the to truly fight for them here in Wash- General, and I hope he will be con- position of Associate Attorney General ington. firmed without further delay. with distinction. The two amendments address this in There being no objection, the mate- The role of the Associate Attorney different ways. One is to block a pay rial was ordered to be printed in the General—the third-highest ranking po- raise that would otherwise happen for RECORD, as follows: sition at the Department—is to help Members of Congress even in the midst lead the Justice Department and to of this very sluggish economy, barely LETTERS RECEIVED FOR TONY WEST oversee the Department’s civil units, getting out of the recent recession. May 14, 2013—Esta Soler, President and such as the Civil Division, Antitrust There is an automatic pay raise in the Founder, Futures Without Violence law. This was done years ago, really be- May 14, 2013—Ann Harkins, President and Division, and Tax Division, as well as the Office of Justice Programs, which hind closed doors in a bit of a smoke- CEO, National Crime Prevention Counsel filled room, to put an automatic pay May 14, 2013—William J. Bratton, Presi- provides grants, including to State and dent and CEO, The Bratton Group LLC local law enforcement. raise for Members of Congress in the May 15, 2013—Randy I. Bellows, Circuit Mr. West’s qualifications for this po- law so that almost every year it just Court Judge, Fairfax County sition are unquestionable. He has happens automatically. There is no in- May 15, 2013—Gregory P. Suhr, Chief of Po- served as Acting Associate Attorney convenience of having to propose it, ac- lice, San Franciso General since March 2012. He also spent tually having to come to the Senate May 15, 2013—Robert Wolf, CEO, 32 Advi- floor and come to the floor of the sors, LLC 3 years as Assistant Attorney General of the Civil Division, so he is no strang- House of Representatives and justify it May 15, 2013—Anthony W. Batts, Police and, God forbid, have to vote for it. It Commissioner, Baltimore Police Department er to the responsibilities and demands just happens. May 15, 2013—Charlie Beck, Chief of Police, of leadership in the Justice Depart- I disagree strongly with that system. LAPD ment. I think that entire system and premise May 16, 2013—Christine Varney, former From 2001 to 2009, Mr. West was a is offensive. For that reason, Senator AAG (Antitrust) partner at Morrison & Foerster LLP, May 16, 2013—Aaron D. Kennard, Executive CLAIRE MCCASKILL of Missouri and I where he represented major corpora- Director, National Sheriff’s Association have a bill, a proposal to undo that and tions in securities litigation, antitrust May 16, 2013—Richard Parsons, Senior Ad- require that any future pay raise has to visor, Providence Equity cases, and white-collar criminal de- be proposed, justified on the floor of May 16, 2013—Kim J. Raney, President, fense. the Senate and the floor of the House, California Police Chiefs Association From 1994 to 1999, he served as assist- and actually voted on. This amend- May 16, 2013—Scott R. Seaman, Chief of ant U.S. attorney in the Northern Dis- Police, Los Gatos/Monte Sereno Police De- ment is not that entire bill. This trict of California for 5 years. He pros- amendment is focused on the here and partment ecuted high-tech crimes, bank rob- May 16, 2013—Jamie S. Gorelick, former now, to block the automatic pay raise DAG beries, fraud schemes, and sexual ex- that would happen this year if we do May 17, 2013—Luis G. Fortun˜ o, Former ploitation offenses. not act. Governor, Puerto Rico He received his bachelor’s degree You will hear from members of the May 17, 2013—Alejandro J. Garcia-Padilla, from Harvard University and later committee, handlers of this appropria- Governor, Puerto Rico earned his law degree at Stanford Law tions bill, that this amendment is not May 17, 2013—National Organization of School, where he was president of the relevant, is not germane to this bill. Black Law Enforcement Executives Stanford Law Review. May 20, 2013—Jefferson Keel, President, The folks who set up the automatic Simply put, Tony West brings a great pay raise system several years ago National Congress of American Indians deal of experience in Justice Depart- May 20, 2013—MARCIA L. FUDGE, Chair, were very clever. They figured out a Congressional Black Caucus ment leadership, private practice, and way that an amendment such as this May 20, 2013—David S. Kris, former AAG criminal prosecution to this position. would not be germane to any appro- (National Security) I am confident he will do an out- priations bill, would not be germane to May 20, 2013—NAACP standing job, and I urge my colleagues any bill. That is why we need to act on May 20, 2013—William M. Lansdowne, Chief to support his nomination. this bill—because this may be one of of Police, San Diego Mrs. MURRAY. Mr. President, I ask May 20, 2013—Bill Lee, former AAG (Civil the few appropriations bills, spending unanimous consent that the time bills we actually deal with on the floor Rights) under the quorum call be divided May 20, 2013—Ken Salazar, former Sec- of the Senate this year. retary of the Interior equally. To the credit of Congress, in the May 21, 2013—Mai Fernandez, Executive Di- The ACTING PRESIDENT pro tem- midst of the recent recession Congress rector, National Center for Victims of Crime pore. Without objection, it is so or- denied itself these automatic pay May 21, 2013—Bernard K. Melekian, former dered. raises, so they have not happened since director, DOJ Office of Community Policing Mrs. MURRAY. Mr. President, I yield 2009. But we are not into healthy Services the floor and I suggest the absence of a growth. The American middle class is May 22, 2013—State Attorneys General quorum. not doing just fine. Unemployment is May 22, 2013—Craig T. Steckler, President, The ACTING PRESIDENT pro tem- International Association of Chiefs of Police still over 7.5 percent—7.6 percent, pore. The clerk will call the roll. which is well above the 5 percent prom- May 22, 2013—Leadership Conference The assistant legislative clerk pro- May 22, 2013—Michael A. Nutter, Mayor of ised when Congress and President Philadelphia, President of the U.S. Con- ceeded to call the roll. Obama passed a $1 trillion stimulus. In ference of Mayors Mr. VITTER. Mr. President, I ask fact, we have had 53 straight months May 22, 2013—Mark L. Shurtleff, former unanimous consent that the order for with unemployment above 7.5 percent. Utah Attorney General the quorum call be rescinded. That is not a healthy economy. That is May 22, 2013—Catherine W. Sanz, Presi- The ACTING PRESIDENT pro tem- not recovery. dent, WIFLE Foundation, Inc. pore. Without objection, it is so or- As Americans continue to suffer, con- May 23, 2013—National Association of At- dered. torneys General tinue to look for work, continue to THUD APPROPRIATIONS May 23, 2013—Janet Murguia, President look for full-time work as part-time and CEO, NCLR Mr. VITTER. Mr. President, I rise to becomes more the norm, particularly May 28, 2013—Neil Getnick, Chairman, Tax- propose and support two amendments in the era of ObamaCare, we need to re- payers Against Fraud to the appropriations bill that is on the late to them and not set ourselves

VerDate Mar 15 2010 01:36 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.011 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5935 apart. We need to be a fighter for them, that Senator REID and Congressman leagues has forthrightly said, a train not a member of a higher, different STENY HOYER had initiated some be- wreck. But the solution is not to fix it class in Washington. One simple but hind-closed-doors secret discussions to behind closed doors selectively for us; important way to do that is to say no actually fix the problem, as they saw the solution is to fix it—which person- pay raise when we are in the midst of it, and put all Members of Congress and ally I think means delay or repeal it— this very sluggish nonrecovery. all of our staffs back in that select cat- for the American people. Again, Senator CLAIRE MCCASKILL of egory—not with the American people, I yield the floor. Missouri has joined me in this effort. I not in the exchanges, but in that select I suggest the absence of a quorum. appreciate her partnership on the higher category and be granted pref- The ACTING PRESIDENT pro tem- broader bill, and I appreciate her part- erential treatment. Because that hit pore. The clerk will call the roll. nership on this amendment, the Vitter the press, because that word got out, I The assistant legislative clerk pro- amendment No. 1746. I urge all my col- am hopeful that those secret negotia- ceeded to call the roll. Mr. GRASSLEY. Madam President, I leagues, Democrats as well as Repub- tions have stopped. We need to make ask unanimous consent that the order licans, to adopt and support this com- sure we do not move in that direction. monsense amendment. for the quorum call be rescinded. ObamaCare is a train wreck. Imple- The PRESIDING OFFICER (Ms. This is an important message. This is mentation is causing dramatic prob- an important statement. The question BALDWIN). Without objection, it is so lems for millions upon millions of ordered. and the choice is simple: Are you going Americans. But the solution is not to to be a true representative of the folks Mr. GRASSLEY. Madam President, fix it selectively for us; the solution is am I in order to speak about the nomi- back home, relate to them, be one of to fix it for everybody, to fix it for av- them, or did you really come to Wash- nation of Tony West? erage middle-class Americans. If we do The PRESIDING OFFICER. The Sen- ington to put yourself in a different, that we would benefit as well. higher class? The answer needs to be ator is in order. So this amendment not only blocks Mr. GRASSLEY. Madam President, the first answer provided. We need to the effort by Senator REID and STENY today the Senate will vote on the nom- represent the folks back home, not put HOYER and others to move Members of ination of Tony West to be Associate ourselves in a different, higher class. Congress and our staffs back into a se- This pay raise amendment is one way Attorney General. Although I will be lect category and protect us from the supporting Mr. West’s nomination, I to do that. Say no to any congressional train wreck of ObamaCare implementa- pay raise in the midst of this horribly have some concerns about his record tion, the solution is to broaden that that I want to share with my col- slow economy. pool and actually have that same My second amendment also continues leagues. treatment, along with ordinary Ameri- this theme. It relates to our health This is a very important position. cans, for every Member of Congress, for care benefits, but it is really the same The Associate Attorney General is the all of our staffs, for leadership, for issue, the same theme. Are we one with third highest ranking official within committee staffs, and also for Presi- the folks we were elected to represent the Department of Justice. Mr. West is dent Obama’s appointees. or are we trying to set ourselves out as currently serving as Acting Associate My amendment, Vitter amendment a different, higher class here in Wash- Attorney General, and as far as I can No. 1748, on which DEAN HELLER is a ington? tell he has generally done a pretty This amendment is Vitter amend- cosponsor, would do just that. It would good job. However, before serving as ment No. 1748. It would ensure that all ensure that all bureaucrats, all Obama Acting Associate Attorney General, Members of Congress, all congressional appointees, all congressional staff, all Mr. West was confirmed as Assistant staff, and all executive appointees deal Members, leadership and otherwise, all Attorney General for the Civil Divi- with ObamaCare in the same way ordi- of our staffs, committee and otherwise, sion. My concerns are with his record nary Americans do. They have to go in are subject to ObamaCare and are not while serving in that position. the exchange; they have to deal with put into a select higher class and of- Specifically, while heading the Civil their health care that way. They do not fered preferential treatment—again, Division, Mr. West was involved in and get special treatment. the common theme with my other even defended the quid quo pro deal be- In the midst of the ObamaCare de- amendment. That is how we relate to tween the Department of Justice and bate, that issue came up. I brought up the folks we represent. That is how we the City of St. Paul, MN. That scheme the issue. I brought an amendment to are truly one of them. was orchestrated by Tom Perez, who the floor. My Louisiana colleague JOHN ObamaCare is a problem. Implemen- headed the Civil Rights Division and FLEMING did the same thing in the tation is a train wreck. But the solu- was recently confirmed by the Senate House. Because of the attention we fo- tion is not to put ourselves in a higher to be Labor Secretary. cused on that issue, there was a limited class, divorced from that problem; the My colleagues have heard me on the provision in the law that said Members solution is to live that problem our- floor of this body many times talking of Congress and their direct staffs selves, and hopefully that will promote about this quid pro quo, most often em- would be in the exchanges. However, us and motivate us to solve that prob- phasizing Tom Perez’s involvement very conveniently, some of the details lem for all of the American people. with it, but not too much about Mr. were jiggered around so that Members This is not a partisan amendment. West. of the leadership and their staffs and This should not be a partisan fight. The quid pro quo involved the De- committee staffs would somehow be in This is about are we truly part of the partment agreeing to decline two False a different, higher category and they States we represent? Do we truly relate Claims cases pending against the City would not be subject to the same to those citizens who sent us to Wash- of St. Paul. Remember, if successful, ObamaCare rules. They would benefit ington or do we come here and put our- those two False Claims cases were esti- from the very generous and very lucra- selves in a select, different class, give mated—and they were pretty good tive Federal Employees Health Bene- ourselves preferential treatment under cases—to bring $200 million back into fits Plan that Congress has tradition- law, after law, after law—in this case, the Federal Treasury. In exchange, the ally been under. ObamaCare? City of St. Paul would agree to drop a I think we should undo that. I think Again, this is Vitter amendment No. case pending before the Supreme Court. we should be one of the American peo- 1748. I urge all my colleagues—Repub- As I have said, I have spoken at ple, relate to the American people, and licans, Democrats, Independents, ev- length on the St. Paul quid pro quo as get the same treatment through the eryone—to support it, to tell your con- it relates to the nomination of Mr. exchanges that the great majority of stituents: No, I did not come here to Perez to be Secretary of Labor. them will get under ObamaCare. The put myself in a special class. I did not As my colleagues know, I have been a problem is that here on Capitol Hill, come here to get preferential treat- major supporter of whistleblowers and again behind closed doors, the effort is ment. I came here to fight for you. their protection under the laws of this largely in the opposite direction. And, yes, ObamaCare has major country. Whistleblowers are a very im- The Wall Street Journal unveiled issues, major problems. Implementa- portant source of information in help- this on April 25 of this year. It reported tion is, as one of my Democratic col- ing us if laws are not being abided by

VerDate Mar 15 2010 01:36 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.022 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5936 CONGRESSIONAL RECORD — SENATE July 25, 2013 or money is being misspent. Of course, out there to dry. In my view, Mr. Perez I yield the floor, and I suggest the ab- that is why I authored the 1986 amend- bears the most responsibility in this sence of a quorum. ments to the False Claims Act. It was whole matter. He was the one who was The PRESIDING OFFICER. The to protect whistleblowers, but it also manipulating the process and he did so clerk will call the roll. gives a resource for getting money at times behind the back of Mr. West. The bill clerk proceeded to call the back into the Federal Treasury if it is Nonetheless, Mr. West was the indi- roll. misspent. vidual in charge of the Civil Division, The PRESIDING OFFICER. The Sen- Those amendments—meaning the and as head of that division the deci- ator from Montana. False Claims Act amendments—revi- sion regarding whether to join those Mr. TESTER. Madam President, I talized the law by empowering indi- False Claims cases fell to Mr. West. ask unanimous consent that the order vidual qui tam whistleblowers to come It is troubling to me that Mr. Perez, for the quorum call be rescinded. forward and file suits on behalf of the who at the time was head of the Civil The PRESIDING OFFICER. Without Federal Government to recover tax- Rights Division, would be the one who objection, it is so ordered. payer dollars lost to fraud. Since those was so clearly orchestrating the deal, Mr. TESTER. I ask unanimous con- amendments were enacted, over $40 bil- and acting as de facto head of the Civil sent that all time be yielded back. The PRESIDING OFFICER. Is there lion has been recovered. Division. Unfortunately, Mr. West let objection? Under Mr. West’s tenure as head of him get away with it. So that concerns Without objection, it is so ordered. the Civil Division, that Department me as it relates to the nomination of The question is, Will the Senate ad- has been successfully utilizing the Mr. West to be the third highest rank- vise and consent to the nomination of tools of qui tam whistleblowers’ infor- ing official at the Department of Jus- Derek Anthony West, of California, to mation. Of course, they are not shy tice. be Associate Attorney General? about saying so, and as far as I am con- We need individuals serving in these Mr. TESTER. I ask for the yeas and cerned it is their right to do that. The positions who are willing to stand up nays. more publicity we can have about re- to those who are trying to advance a The PRESIDING OFFICER. Is there a covering money under the False Claims political agenda; and that is exactly sufficient second? Act, the more we may encourage more what Mr. Perez was trying to advance. There appears to be a sufficient sec- whistleblowers to come forth and re- In this instance, at least, it doesn’t ap- ond. cover even more money. pear that Mr. West stood up to Mr. There is a sufficient second. The False Claims Act is within the Perez as he should have. The clerk will call the roll. purview of the Civil Division, which On the contrary, the record appears The bill clerk called the roll. Mr. West oversaw at that time, not the to indicate Mr. West allowed Mr. Perez Mr. CORNYN. The following Senator Civil Rights Division. However, in the to orchestrate this deal on behalf of is necessarily absent: the Senator from quid pro quo, the evidence uncovered the Civil Division even though Mr. Kansas (Mr. MORAN). by my investigation suggests that Mr. Perez was head of the Civil Rights Di- The PRESIDING OFFICER. Are there West allowed Tom Perez to take con- vision. any other Senators in the Chamber de- trol of the Civil Division in order to However, notwithstanding these con- siring to vote? cut this deal that saved Mr. Perez’s fa- cerns, I am willing to give Mr. West the The result was announced—yeas 98, vored legal theory referred to as the benefit of the doubt and vote for his nays 1, as follows: ‘‘disparate impact’’ theory. As I have nomination. Part of the reason I am [Rollcall Vote No. 186 Ex.] discussed previously, Mr. Perez was willing to do so is because the Civil Di- YEAS—98 concerned the Supreme Court was vision, under the leadership of Mr. Alexander Franken Murkowski going to strike down this theory as un- West, has established a respectable Ayotte Gillibrand Murphy constitutional. record in utilizing the tools available Baldwin Graham Murray Barrasso Grassley Nelson In doing so, the Department undercut under the False Claims Act amend- Baucus Hagan Paul a viable case against St. Paul and, in ments that I got passed in 1986 and that Begich Harkin Portman the process, left the whistleblower who have brought back into the Treasury Bennet Hatch Pryor Blumenthal Heinrich Reed filed the suit to fight the City on be- approximately $40 billion. Blunt Heitkamp And, as an instance of the use of the Reid half of the American taxpayers all Boozman Heller Risch alone—left him out there twisting in False Claims Act by Mr. West, the Civil Boxer Hirono Roberts Brown Hoeven Division secured approximately $4.9 Rockefeller the wind. Burr Inhofe Rubio This is not how I expect the Depart- billion coming back into the Federal Cantwell Isakson Sanders ment to treat good-faith whistle- Treasury in the single year of 2012. Cardin Johanns Schatz Carper Johnson (SD) blowers. They are patriotic people. Taken together over the last several Schumer Casey Johnson (WI) They are people who probably de- years, the Civil Division has secured a Chambliss Kaine Scott stroyed their opportunity of livelihood total of approximately $13.3 billion. Chiesa King Sessions because they know something is wrong Obviously, this is not an insignifi- Coats Kirk Shaheen Shelby and they want to report it, just as pa- cant amount of taxpayer dollars com- Cochran Klobuchar Collins Landrieu Stabenow triotic people ought to do. In fact, I being back. Although the Department’s Coons Leahy Tester lieve it is contrary to the assurances recovery of this money, on the one Corker Lee Thune Mr. West gave me during his confirma- hand, does not excuse their behavior in Cornyn Levin Toomey Udall (CO) the quid pro quo matter, I do believe Crapo Manchin tion hearing in 2009 when he indicated Cruz Markey Udall (NM) he would protect whistleblowers and Mr. West deserves a certain degree of Donnelly McCain Vitter vigorously enforce the False Claims credit for his leadership in this area. Durbin McCaskill Warner Act. So, as I said, I will support his nomi- Enzi McConnell Warren Feinstein Menendez Whitehouse Let everybody understand there is nation, and I expect he will be con- Fischer Merkley Wicker not a single individual subject to Sen- firmed. It is my sincere hope he will Flake Mikulski Wyden ate confirmation in the Justice Depart- perform his job well and not let some- NAYS—1 ment who comes before the committee body undercut him as he let Mr. Perez Coburn or to my office for an interview that I undercut him in regard to the quid pro don’t ask them their view of the False quo and the False Claims cases involv- NOT VOTING—1 Claims Act, because I don’t want any- ing St. Paul, MN. But I want him to Moran one serving in the Justice Department know, and everybody else to know, The nomination was confirmed. who doesn’t support vigorous enforce- that I plan to conduct aggressive over- The PRESIDING OFFICER. Under ment and use of the False Claims Act. sight of the Department to ensure the the previous order, the motion to re- As I have said, ultimately Mr. Perez mistakes that occurred as part of the consider is considered made and laid was the architect of this ill-advised quid pro quo that potentially cost the upon the table. The President will be quid pro quo that left Frederick New- taxpayers nearly $200 million lost to immediately notified of the Senate’s ell, a good-faith whistleblower, hanging fraud are not repeated. action.

VerDate Mar 15 2010 01:36 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.026 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5937 LEGISLATIVE SESSION The legislative clerk proceeded to When the Buy American statute is The PRESIDING OFFICER. The Sen- call the roll. waived, the requirement that Amer- ate will resume legislative session. Mr. MURPHY. Madam President, I ican-made material be used is null and ask unanimous consent that the order void. What this bill says is that when f for the quorum call be rescinded. the FHWA provides public notice that TRANSPORTATION, HOUSING AND The PRESIDING OFFICER. Without they are considering waiving the Buy URBAN DEVELOPMENT, AND RE- objection, it is so ordered. American clause for a particular LATED AGENCIES APPROPRIA- AMENDMENT NO. 1783 project, they include in that public no- TIONS ACT, 2014 Mr. MURPHY. I call up amendment tice a consideration of the impact on No. 1783 and ask that it be pending. American jobs. It is worth knowing The PRESIDING OFFICER. Under The PRESIDING OFFICER. Is there whether a waiver is simply going to re- the previous order, the Senate will re- objection? sult in the loss of 10 American jobs or sume consideration of S. 1243 which the Without objection, it is so ordered. the loss of 500 American jobs. clerk will report by title. The clerk will report. This amendment very simply says The bill clerk read as follows: The legislative clerk read as follows: that when a waiver to the Buy Amer- A bill (S. 1243) making appropriations for The Senator from Connecticut [Mr. MUR- ican law is pending, we should know the Departments of Transportation, and PHY] proposes an amendment numbered 1783. from the Department of Transpor- Housing and Urban Development, and related Mr. MURPHY. I ask unanimous con- tation and from the FHWA how many agencies for the fiscal year ending Sep- sent that the reading of the amend- tember 30, 2014, and for other purposes. American jobs are at risk. That gives ment be dispensed with. us the opportunity to weigh in and try Pending: The PRESIDING OFFICER. Without to make sure that waiver is not grant- Murray (for Cardin) amendment No. 1760, objection, it is so ordered. ed. This, frankly, gives American com- to require the Secretary of Transportation The amendment is as follows: panies a little bit better information to to submit to Congress a report relating to (Purpose: To require the Secretary of Trans- use when they are trying to make the the condition of lane miles and highway portation to assess the impact on domestic bridge deck. case that they can actually do the employment of a waiver of the Buy Amer- work that may be being considered for Coburn amendment No. 1750, to prohibit ica requirement for Federal-aid highway funds from being directed to federal employ- projects prior to issuing the waiver) a foreign company. We all know what is happening to ees with unpaid Federal tax liability. On page 34, line 23, after ‘‘shall’’ insert ‘‘as- Coburn amendment No. 1751, to prohibit sess the impact on domestic employment if jobs in the building trades. In some Federal funding of union activities by Fed- such a waiver were issued and’’. parts of the country unemployment is eral employees. Mr. MURPHY. Mr. President, there is hitting 20 percent when it comes to Coburn amendment No. 1754, to prohibit carpenters, operating engineers, Federal funds from being used to meet the a broad consensus among the people of this country that when we spend dol- plumbers, and sheet metal workers. matching requirements of other Federal pro- I wish to applaud the DOT for being grams. lars through the Federal Treasury, when we spend taxpayer dollars, they one of the models when it comes to try- AMENDMENT NO. 1760, AS MODIFIED ing to make sure taxpayer dollars are Mrs. MURRAY. Madam President, I should be used to fund American jobs. In fact, that has been a law on the kept here at home. This amendment call for the regular order with respect would make sure that in those limited to Amendment No. 1760 and to modify books since the early part of this century. For a long time the Buy Amer- cases where the DOT is sending work it with the changes which are at the overseas, we get a chance to under- desk. ican Act has required that when we buy things, whether it be through the mili- stand what the real impact will be. The PRESIDING OFFICER. The We have a lot of work to do when it tary or through the Department of amendment is so modified. comes to tightening our Buy American Transportation, we buy things from The amendment (No. 1760), as modi- laws. We are talking about the DOT, American contractors. That makes fied, is as follows: but the real problem is another agency more sense today than ever before be- On page 38, between lines 17 and 18, insert we will hopefully have a chance to talk the following: cause as we struggle to try to get our about later on the Senate floor; that is, SEC. 127. Funding made available under the economy back up and running, one of the Department of Defense. Seventy heading ‘‘FEDERAL HIGHWAY ADMINIS- the sectors that is hurting more than percent of Federal purchasing comes TRATION LIMITATION ON ADMINISTRA- others is the construction sector. TION EXPENSES’’ shall be made available through the Department of Defense. Every time we violate the Buy Amer- They have been expediting the to submit to Congress a report describing the ican provisions of our law, we lose the percentages of lane miles and highway offshoring of defense work at a rate bridge deck in each State that are in good opportunity to try to alleviate great that should make every single Senator condition, fair condition, and poor condition, stress that is currently upon our con- on this floor shudder. and the percentage of Federal amounts each struction industry. This is an important amendment State expends on the repair and maintenance Thankfully, the DOT has been one of that I hope will get bipartisan support. of highway infrastructure and on new capac- the best agencies, actually, when it I thank Senator COLLINS for allowing it ity construction. comes to making sure American-made to become pending on the floor. I think Mrs. MURRAY. I understand my col- material goes into construction it is just the beginning of a lot of work league is here to offer an amendment. I projects. The $41 billion the Highway we have to do when it comes to enforc- yield to him at this time. Administration receives in this bill to ing a very simple principle. When our The PRESIDING OFFICER. The Sen- be spent on roads and bridges is an im- constituents send their hard-earned tax ator from Connecticut. portant engine of job growth through- dollars to Washington, DC, and they Mr. MURPHY. Madam President, I out the country. I have to say they are used to buy things or build things ask unanimous consent to call up generally do a pretty good job, as op- for the U.S. Government, we need to amendment No. 1783. posed to some other agencies—the De- hire U.S. companies and American The PRESIDING OFFICER. Is there partment of Defense at the top of the workers to do the job. objection? list—in making sure those dollars go to I ask unanimous consent that there Objection is heard. American companies. be a period for debate only until 2:15 Mrs. MURRAY. It is my under- There are circumstances in which the p.m. today. standing the Senator from Connecticut Buy American provisions are waived. The PRESIDING OFFICER (Mr. was going to call up an amendment. There are a number of ways you can HEINRICH). Without objection, it is so There was an objection? waive those provisions, but it is impor- ordered. The PRESIDING OFFICER. The Sen- tant for us to have full transparency Mr. MURPHY. I yield the floor, and I ator is correct. and disclosure when the Department of suggest the absence of a quorum. Mrs. MURRAY. I suggest the absence Transportation and FHWA are consid- The PRESIDING OFFICER. The of a quorum. ering awarding a major project funded clerk will call the roll. The PRESIDING OFFICER. The by American taxpayers to a foreign The legislative clerk proceeded to clerk will call the roll. company. call the roll.

VerDate Mar 15 2010 01:54 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.028 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5938 CONGRESSIONAL RECORD — SENATE July 25, 2013 Mr. CHAMBLISS. Mr. President, I tions Committee to change the spend- ple with potentially devastating im- ask unanimous consent that the order ing levels of this bill to comply with pacts on a dedicated, experienced Fed- for the quorum call be rescinded. the Budget Control Act or, in other eral workforce. This is no way to run a The PRESIDING OFFICER. Without words, to comply with current law. I business. It is no way to run an enter- objection, it is so ordered. urge my colleagues to follow Senator prise as large as the Federal Govern- Mr. CHAMBLISS. Mr. President, I TOOMEY’s lead and vote to recommit. ment. come to the floor today to voice my We should work toward a bill that One letter is from Virginia Beach. concerns with the Transportation, adheres to the budget guidelines set by Hampton Roads and Virginia Beach are Housing and Urban Development ap- the Budget Control Act and provides our most concentrated area of naval in- propriations bill. the needed appropriations for the De- stallations and Air Force and Army in- I do not take issue with the bill’s spe- partment of Transportation, Depart- stallations. This woman is from Vir- cific spending provisions, and I believe ment of Housing and Urban Develop- ginia beach. Her husband is a retired my home State of Georgia needs a ment, as well as the independent agen- Navy officer who is now furloughed strong bill that recognizes the impor- cies. While I would like to see the Sen- once a week for the next 11 weeks. She tance of ongoing infrastructure and ate pass a Transportation, Housing and writes that her husband came home housing and development projects. As Urban Development appropriations with a letter about the furlough, that some of my colleagues have already bill, the bill before us now does more he felt his moral character and the noted, this bill includes many taxpayer harm than it does good. oath he had taken to protect his Na- protection provisions, specifically that Mr. President, I yield the floor, and I tion would not allow him to write, so extravagant conferences will be cur- suggest the absence of a quorum. she said she was going to write. She tailed, an issue many of our constitu- The PRESIDING OFFICER. The says: ents as well as Members of Congress clerk will call the roll. It pains me to see what he has worked so were shocked to learn about. But my The legislative clerk proceeded to hard to defend, you’re working so hard to tear down. This country is deserving of good concern is with the overall spending call the roll. leadership and right now Congress is not pro- level and the decision of the majority Mr. WARNER. Mr. President, I ask viding it. unanimous consent the order for the to write this and other appropriations Another Navy employee from the quorum call be rescinded. bills to levels that exceed the Budget Fredericksburg area writes: Control Act. The PRESIDING OFFICER. Without objection, it is so ordered. Three years of pay freezes followed by a In 2011, Congress passed the Budget furlough seriously makes me question if this Control Act which placed caps on what SEQUESTRATION is where I want to spend the rest of my ca- the Federal Government could spend. I Mr. WARNER. Mr. President, I rise reer. voted against that bill in August of today to talk about the very real ef- Think about the hours and dollars 2011. Over the years I have served in fects sequestration is having. I want to that we as a public have invested in both the House and the Senate and speak about the people of Virginia, but getting these individuals trained to there have been too many times when I am sure it is equally true of folks in provide these services. They are now I have seen both bodies come together New Mexico and for that matter folks saying they are not sure this is where to bust spending caps. For us to have all across the country. I remind folks, they want to work. no checks and balances on the ability sequestration was set up so it would be A woman down at the Portsmouth of either the House or the Senate to so stupid, so draconian, so outside the Naval Hospital writes: bust the spending caps that were set in realm of possibility that no rational Both my husband and I are DOD employees 2011, I thought, was wrong because they people would ever let it happen. We are and will be taking a 20 percent pay cut for 11 were going to get busted. Well, guess actually seeing now that we did not weeks. what. Here we are, and this is not the pass that bar. Sequestration is hap- She points out they may be able to first time since 2011 we have had a vote pening. It is actually stupidity on get by but a lot of her coworkers do not in the Senate that will ultimately bust steroids. know how they are going to make ends those spending caps. Earlier this week a group of us heard meet. The THUD appropriations bill the from Dr. Francis Collins, the head of A Federal employee from Senate is now debating completely dis- NIH. NIH, as we all know, is America’s Woodbridge, VA, down the road in regards the 2011 Budget Control Act. premier health research institution. Prince William County, says: THUD is the first of 12 appropriations Dr. Collins told us of the real world im- I want all my elected officials to know how bills the Senate will consider on the pacts of sequester cuts. He gave heart- disappointed I am that we have been aban- Senate floor. So my question to my breaking examples of lifesaving med- doned and let down by our representatives in Congress. colleagues is, What kind of precedent ical research that is being disrupted, I have three children in college, and I am are we setting for the remaining spend- perhaps irrevocably, due to budget cuts paying for college loans of two children who ing bills? and employee furloughs. have graduated. Eleven furlough days don’t While all Americans deserve for Con- Two days ago I had the opportunity sound like much, but over the year a loss of gress to pass appropriations bills, we to chair a Budget Committee hearing over $4,000 in income is crucial. If I ran my simply cannot afford to pass bills that about the impact of sequestration on own budget like this, I would have to fire spend more than our government can our Nation’s security. We heard policy- myself. fund. This Senate bill alone costs $5 makers talk about what sequestration This employee I do not think is going billion more than is allowed under the was doing to military readiness. But to get a sequestration discount on re- Budget Control Act. How can we de- what drove home the point to me was paying those student loans. mand a cure to our fiscal woes if we Virginia business owner Mark Klett A West Point graduate and Iraq war cannot take our own medicine of fiscal who had actually been named as the veteran says: restraint? We should focus our efforts Small Businessman of the Year back in The failure of Congress is having a tangible on legislation that can pass both 2011, who said this start-and-stop envi- and real negative impact on people’s lives and livelihood. I do not see leadership, I do Chambers of Congress and be signed ronment, where you did not have any not see accountability, and I do not see self- into law by the President, not create predictability of whether your funding less service that rises above partisan poli- another political nightmare that nega- was coming through, was completely tics. tively affects the country as well as wrecking his business model and it al- Finally, a former Army officer who our constituencies. ready had caused him to bench over a lives in Springfield, VA, says: Right now, the Senate can correct third of his 60 employees. The morale in our agency is so poor that this mistake and allocate spending in a In the last 2 weeks alone, since se- most workers who used to work 10 or 11 manner that is consistent with the law questration has started, I have received hours a day are planning to work their exact we passed. Shortly, my colleague from over 500 letters, e-mails, phone calls 8 hours [only]. Pennsylvania, Senator PAT TOOMEY, from Virginians who are bearing the So the 20 percent cut 1 day a week is will come to the floor and offer a mo- very real brunt of our failure to do our actually cutting productivity in a tion that would require the Appropria- job, with real consequences on real peo- much greater percentage.

VerDate Mar 15 2010 01:54 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.031 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5939 I could stand here the rest of the We are soon coming up on another se- that cannot carry out its current mis- afternoon and go through letter after ries of important fiscal and budgetary sion. It cannot safely navigate the air. letter that has the same theme. What deadlines. I know many of my col- That is where we are. strikes me about these letters—I am leagues and the American public prob- I applaud my colleague for taking on sure, again, the Presiding Officer is ably got to budget fatigue after the end this issue of saying to our friends on hearing from New Mexicans what we of the fiscal cliffs and supercommittees both sides of the aisle: Let’s listen to are hearing from Virginians—is that and debt ceilings and thought maybe each other. We know we are divided. none of these letters talk about the red we were past a little bit of that. We have different views. But we need team or the blue team. None of these Well, the economy is recovering and to sit down, work together, and come letters say this is all the Democrats’ the size of the deficit is decreasing but up with a sensible way to balance the fault or Republicans’ fault. None of our challenge is still in front of us. We Federal budget to give the predict- these letters say this is a House prob- are soon set to come to the end of this ability that is necessary and to elimi- lem; the Senate has the solution. fiscal year which will present these nate these sequestration cuts. They are saying, regardless of party, issues again at the end of September. It is particularly painful right now regardless of whether you are in the The debt ceiling will be not far after when we have so many Marylanders, so House or the Senate, your job is to get that. I have heard there are only many Virginians, so many people in this fixed. It is appropriately targeted slightly more than 20 legislative days this country who are receiving pay- at the entire Congress and, while our left before the new fiscal year starts. It checks with a 20-percent cut. Yet the dismal performance recently may be is incumbent upon us to recognize, to work they have to do is the same. great fodder for late night comedians, I reflect the voices of these Virginians Mr. WARNER. Will the Senator yield think having a 90-percent-plus dis- who, again, don’t call out red team, for a question? approval rating candidly undermines blue team or House or Senate, but say Mr. CARDIN. I will be glad to yield. Americans’ basic faith in our demo- to us in Congress, implore us to do our Mr. WARNER. I thank the Senator cratic institutions. jobs. from Maryland for his comments. Let Let me try to respond. Here is what We have been joined by my colleague, me say no Senator has served with I have done and will continue to do. I the Senator from Maryland. I think we more distinction, both here in the Sen- will keep fighting for the significant could debate whether Maryland or Vir- ate and prior to that in the House, in Federal workforce that lives in the ginia is more ground zero for the nega- being a constant advocate for Federal Commonwealth of Virginia. In the 41⁄2 tive impacts of sequestration. But employees and being willing to step up years I have been in the Senate, I have whether it is NIH workers in Bethesda to protect them and rebut what we too come down to the floor on a regular or civilian Navy employees in often hear from some of our colleagues basis to celebrate the great work of in- Woodbridge, the stories are the same. who, across the board, without distinc- dividual Federal employees. I will con- This is not fair. It is not right. None of tion, demean and denigrate the ex- tinue to come down to the floor and ap- these folks are getting a 20-percent dis- traordinary good work that so many peal to my colleagues and provide real count on daycare, rent or, as the one countless unnamed Federal employees examples of the real impacts that this person said, repayment on their stu- do. funny name—sequestration—is actu- dent loans. ally having on people’s livelihoods. It is incumbent upon us to get this I thank the Senator from Maryland On a personal basis I am giving up 20 problem fixed and that is going to re- for that work. I thank him for his con- percent of my salary through the end quire the kind of hard work on reve- tinued willingness in conversations of this budget year. I am donating it to nues and entitlement reform so many with me and others to talk about: Hey, the Federal Employee Education & As- of us have tried to avoid; otherwise we we all have to stretch a little way to sistance Fund, which provides emer- will not see an America that will stay get things done. I know he is hearing gency loans as well as childcare assist- as competitive as it needs to be and we the same thing in Maryland. People are ance, scholarships, and other financial will disrespect the literally hundreds of not distinguishing red shirt, blue shirt. help for the families of Federal and thousands if not millions of workers They want us to get this done. I thank postal workers. who work directly or indirectly to pro- the Senator for his good work and I I will continue to work with any col- tect our Nation and are trying to pro- look forward to working with him and league, Democrat, Republican, Inde- vide the services that are so essential folks on both sides of the aisle on this pendent, libertarian, vegetarian—it to our people. issue. doesn’t matter—who is willing to try Let’s not do any more harm. Let’s Mr. CARDIN. I thank my colleague to, yes, replace sequestration in a more not waste any more time. for his comments. I understand he al- rational way and get our debt and def- I yield the floor. ready mentioned what has happened at icit under control. The PRESIDING OFFICER. The Sen- the National Institutes of Health and I am proud of the fact that the 31⁄2 ator from Maryland. the fact that, because of the sequestra- years—I guess 41⁄2 years I have been Mr. CARDIN. Mr. President, I have tion cuts, the number of grants being here, there is no issue on which I have not been on the floor during the entire given out this year, contracts with tried to work harder. I am proud of the remarks of my friend from Virginia, young scientists to do research, is fact I was one of the founders of the so- but I did hear part of it. I first want to going to be cut by the hundreds. called Gang of 6 that built on the very thank him for his extraordinary leader- We don’t know which one of these re- good work of the Simpson-Bowles plan. ship on behalf of the people of Virginia searchers would have come up with an And I remind my colleagues, anyone and on behalf of a sensible way to re- advancement, a major breakthrough, who thinks there is any solution that solve our budget problems. The Sen- but there would have been some. And is not going to involve raising addi- ator has been a leader in building they are going to be denied. They may tional revenues and starting to reform bridges and recognizing how dev- get discouraged, the people who would our entitlement programs either can’t astating sequestration is, not just to have received these grants, and they read a balance sheet or has not grasped the Federal workers who live in his may go into other fields. We may lose the magnitude of this issue. State, not just to the people who live them forever. They may go to other I will continue to advocate for a bal- in his State, but to our entire country. professions. They may go to other anced bipartisan blueprint that will This is dangerous, sequestration. The countries. But we know they are not work on these issues: Raise the reve- Senator has been a leader in pointing doing the work they are trained to do nues, not to grow the size of govern- that out. and we know they had a proposal that ment but to pay our bills, make sure He has also made it very clear that went through the most difficult vetting the promise of Medicare and a Med- sequestration is mindless across-the- process and was selected for funding icaid and Social Security are here, not board cuts and that we have a responsi- and should have been funded but is not just for today’s generation but for fu- bility to make priority decisions. When being funded because of these seques- ture generations, in a way that is re- we use sequestration we are on auto- tration cuts. That we know. That much sponsible. matic pilot but it is an automatic pilot we know for sure.

VerDate Mar 15 2010 01:54 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.032 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5940 CONGRESSIONAL RECORD — SENATE July 25, 2013 We also know it is not just that re- The picture that emerges is one of a For instance, at Indian Head Naval searcher who has been hurt by the se- Federal civilian workforce whose size Surface Warfare Center in Charles questration cuts. It is the businesses has significantly shrunk compared to County, over 1,870 civilian employees— that depend upon the basic research— the size of the U.S. population it about 97 percent of the total govern- many of which are small companies—in serves, the private sector workforce, ment civilian workforce—are being order to build upon that research to and the magnitude of Federal expendi- forced to take leave without pay 1 day create the products that go into the tures. per week. It puts base police and fire marketplace and create the jobs that I previously talked about the adverse protection, safety programs, air oper- are necessary for our economy. There effect of sequestration on many of our ations, air quality programs, and facili- is a direct loss to the economy of our domestic agencies. I have talked a lit- ties at risk. country as a result of these sequestra- tle bit today about the circumstances At Walter Reed National Military tion cuts. It is time we move forward at NIH. I have talked about the Food Medical Center, furloughs will hit 2,400 and resolve the problems of our coun- and Drug Administration, the Social Defense Department civilians—94 per- try. Security Administration, and other do- cent of the civilian staff. Walter Reed I agree with my friend from Virginia mestic Federal agencies. is the country’s top facility for wound- that we have to find a way on both I will focus, if I might, for the next ed combat soldiers. Its Department of sides of the aisle to come together, but few minutes on the impacts of seques- Orthopedics and Rehabilitation is the I must point out it has been extremely tration on a particular group of Fed- largest within the Department of De- difficult, particularly with the climate eral workers: the Department of De- fense. Its seven specialty service clin- in the other body. In the current issue fense civilian employees who are part ics include one for traumatic brain in- of New York magazine, Jonathan Chait of a Total Force team providing in- juries. Soldiers needing expert care writes: valuable support to our men and might have to wait longer for appoint- The chaos and dysfunction have set in so women in uniform serving in harm’s ments or be forced to nonmilitary fa- deeply that Washington now lurches from way. These proud individuals have in cilities, both of which will drive up crisis to crisis, and once-dull, keep-the- the past few weeks suffered unneces- costs and compromise the quality of lights-on rituals of government procedures sary hardships due to sequestration. care. are transformed into white-knuckle dramas The primary priority of our govern- I cannot say how many of us have that threaten national or even global catas- ment is the defense of our Nation and taken the floor to talk about our com- trophe. sequestration adversely affects the ci- mitment to make sure our service peo- The Republican party has spent 30 years careering ever more deeply into ideological vilian men and women who help pro- ple—our wounded warriors—get the extremism, but one of the novel develop- vide that defense. DOD civilians serve type of treatment they deserve. Many ments of the Obama years is its embrace of our Nation by advancing scientific re- of us have visited the Walter Reed Na- procedural extremism. The Republican search, providing logistical support to tional Military Medical Center, and we fringe has evolved from being politically our servicemembers while forward de- are proud of the services that are being shrewd proponents of radical policy changes ployed, and ensuring institutional sta- provided. Sequestration is hurting our to a gang of saboteurs who would rather stop bility within DOD offices as service- ability to meet the mission we prom- government from functioning at all. members rotate to different duty sta- ised to the heroes who have served our This brinkmanship is preventing the tions. Nation and have now come home and economic recovery from gaining steam, Recently, some in the media have expect that health care to be available it is preventing us from addressing ur- promoted the idea that the $85 billion to them. gent problems, and it is punishing all sequestration cut triggered on March 1 At Fort Detrick 4,900 Defense Depart- Americans, not just Federal workers. isn’t causing drastic effects. CNN ment civilians will be furloughed. If we come together on behalf of the called the cuts ‘‘not as bad as adver- Those civilians support a multigovern- American people, we can replace se- tised,’’ and the Washington Post re- ment community that conducts bio- questration with a measured and bal- ported that the cuts are less ‘‘scary’’ medical research and development as anced approach to deficit reduction. than predicted. Tell that to the 46,000 well as medical material management We can agree on a path forward to fis- DOD employees in Maryland and an- that includes everything from ad- cal solvency that spreads the burden other 103,000 in the Capital region who vanced bandages to vaccines for sol- equitably. We can begin to solve our are being furloughed, losing up to 20 diers on the battlefield and in military problems instead of compounding percent of their weekly pay through hospitals. That mission is at risk. them, but I will tell you what we can the rest of this fiscal year. There is no other place that can carry cannot do. We cannot balance the Earlier this month, the Defense De- out the type of advanced lab work that budget on the backs of Federal work- partment began furloughing 652,000 ci- is done at Fort Detrick. ers. It isn’t feasible, and it isn’t fair. vilian employees nationwide, forcing Aberdeen Proving Ground, Harford Increasingly, Federal workers are them to take up to 11 unpaid days off County’s largest employer, home to 11 asked to do more with less. According through September. This is in addition major commands and more than 80 to the Office of Management and Budg- to the furloughs at the Department of agencies, has approximately 11,500 DOD et, the size of the civilian workforce Housing and Urban Development, the civilian employees subject to furlough, relative to the country’s population Environmental Protection Agency, and which is about half of APG’s work- has declined dramatically over the last the Internal Revenue Service. These force. Before sequestration, APG re- several decades, notwithstanding occa- furloughs disrupt our national and eco- ported contributing more than $400 sional upticks due to military conflicts nomic security and put hundreds of million in payroll and $500 million in or the taking of the census. thousands of Federal workers and their contracts annually. I can assure every- In the 1950s and 1960s, there were, on families in financial hardship. Our gov- one that community will be affected average, 92 Americans for every Fed- ernment cannot continue to provide for and many businesses will be affected, eral worker. In the 1980s and 1990s, the defense of our Nation by maintain- as well as the mission at APG itself. there were 106 Americans for every ing such a harmful policy toward our Just a few miles away at Fort Meade, Federal worker. By 2011, the ratio had civilian workers. Maryland’s largest employer, seques- increased to 145 Americans for every I have visited installations through- tration is affecting the entire region. Federal worker. Since the 1950s and out Maryland. I have heard about and Most of its 27,000 DOD civilian employ- 1960s, the U.S. population has increased have seen the impact of furloughs of ees face furloughs. These furloughs by 76 percent, and the private sector Defense Department employees and have all sorts of unintended con- workforce has risen by 133 percent, but other Federal employees and the im- sequences. A furloughed worker, for in- the size of the Federal workforce has pact it will have on their ability to stance, may have trouble making his risen by just 11 percent. carry out their mission. These cuts and or her mortgage or car payments. Re- Relative to the private sector, the furloughs are affecting the ability of duced credit worthiness may affect a Federal workforce is less than half the the agency to carry out its legal mis- worker’s ability to maintain or obtain size it was back in the 1950s and 1960s. sion. a security clearance. Is that how we

VerDate Mar 15 2010 01:54 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.034 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5941 want to treat people who have helped tunately, in my view, it gets us off on poses. So we very much want to fund defend us from terrorists? the wrong foot because of the spending the Transportation, Housing and Urban Budgets cuts compounded by seques- level. The bill spends more than $54 bil- Development bill. tration will lead to brain drain in the lion, which is about $5 billion above The problem we have is we haven’t Defense Department, with some of the last year’s spending level and more agreed, as far as the appropriations best and the brightest defense profes- than $10 billion over the House pro- bills, as to an overall total of how sionals in the Federal Government de- posal for this coming fiscal year. Con- much we will spend. That is really the ciding to seek opportunities elsewhere. sidering that our debt stands at over problem we are confronting with this The Federal workforce is better edu- $17 trillion, we ought to be spending legislation. cated, older, and more experienced, on less, not more this year. Under the Budget Control Act, the average, than its private sector coun- This bill already takes a larger por- total for all of the appropriations bills terparts. A significant number of Fed- tion of the allowable spending com- cannot exceed $967 billion. That is the eral workers provide their services to pared to last year. People will point law. That is the law. But the majority the American people at a discount. out that the budget agreement we party is appropriating to $1.058 trillion. They could command higher salaries in agreed to in 2011 simply sets an aggre- That is a problem. So as appropriators the private sector, but they choose to gate number and that we can spend we want to go through prioritized work for the Federal Government be- whatever we want in certain appropria- spending, make sure we are funding the cause they are patriots and they be- tions bills as long as the total doesn’t things that should be funded, and then lieve in public service. go over $967 billion. That is true, but it for things that are lower priorities, not The world is still a dangerous place. is impossible. funding those so we can truly fund the In such uncertain times, we cannot af- I can say that with experience in the priorities that are important to the ford to let political dysfunction get in House and now in the Senate; that if American people. the way of ensuring our national secu- we overspend on the initial appropria- The problem is we are not going to be rity. Sequestration is harming our nations bills, we will somehow cut back able to do that unless we get an agree- tional security readiness. in the bills that come later. Often the ment on the total funding level, and Sequestration is not just about com- last bill to come up is the Defense bill. that agreement is exactly what the promising the ability of Federal work- Nobody is going to undercut our troops BCA—the Budget Control Act—pro- ers to carry out their critical missions or spend less on a defense bill, but that vides, and it says specifically $967 bil- on behalf of all Americans, and it isn’t would be required if we were to stay lion. That is the law. That is the law. just hurting Federal workers and their under the budget control agreement We have a $17 trillion debt. We have families economically. Private sector number. When we overspend on the ini- a deficit this year that CBO projects to businesses and communities across the tial appropriations bills like this, it be in the range of $750 billion. That is country are being hurt by the reduced simply means one thing: that we are a real problem for our country. That is purchasing power of furloughed Federal going to bust the budget. a problem we have to address. We have workers. I can tell my colleagues, to have any to get the deficit and the debt under Federal workers are similar to every- credibility with the taxpayers, we have control. There are two ways to do that. one else; they support the local busi- to stick to the agreement that was One is to raise revenue that comes nesses in their communities: auto deal- agreed to in 2011. We passed so far. We from economic growth, not higher ers, restaurants, dry cleaners, you even went through the sequester be- taxes. It comes from economic growth name it. They all suffer when Federal cause we couldn’t come up with an and getting our economy going. Of employees suffer. The local economy agreement to prioritize spending. But course, the other way to reduce our suffers and the recovery becomes that now, to go over the spending limit on deficit is to control spending, and that much harder and slower. the first appropriations bill would not is what a budget is all about—and We need to stop demonizing and set the right precedent moving ahead sticking to that budget. We ought to scapegoating and punishing Federal into the appropriations bills. We sim- have a balanced budget amendment, workers. We need to replace sequestra- ply have to deal with this debt and def- which I very much support. But what tion with a rational budget. One of the icit. This isn’t the way to go. we have right now is the Budget Con- greatest attributes of the American That is why I support the upcoming trol Act. It is the law. character is pragmatism. Unlike what motion to recommit that Senator So the question I ask is, Why is the some other Federal employees are ac- TOOMEY will offer in a few minutes that tually doing, in Congress, balancing a will simply recommit the bill to the majority party saying we are going to budget is not rocket science. We know Appropriations Committee and say: appropriate 12 appropriations bills that the various options. Come back with something that fits total $1.058 trillion rather than $967 bil- Former President Lyndon Johnson within the Budget Control Act that is lion? How are we going to get our def- was fond of quoting the prophet Isaiah: similar to what was spent last year, icit and our debt under control if we ‘‘Come, let us reason together.’’ That is not overspending by $5 billion. I hope don’t adhere to the budget guidelines what we need to do. We can acknowl- we will pass this motion to recommit. that are set? edge and respect our differences, but at I hope it will start off the appropria- So the simple and very clear point I the end of the day the American people tions bills in the Senate on the right wish to make is this: As appropriators have entrusted us with governing and foot. and as Senators, I believe we all want with being pragmatic. Let us do our job With that, I yield the floor. to prioritize funding. We want to make so Federal workers can get back to The PRESIDING OFFICER. The Sen- sure we fund the things that are impor- doing their jobs. ator from Maine. tant, such as infrastructure, such as I yield the floor. Ms. COLLINS. I yield 5 minutes to housing, and other priorities. For The PRESIDING OFFICER (Ms. Senator HOEVEN. things that shouldn’t be funded, we HEITKAMP). The Senator from Maine. The PRESIDING OFFICER. The Sen- should say we are not going to fund Ms. COLLINS. Madam President, it is ator from North Dakota. those items. That is the difference be- my understanding that the Senator Mr. HOEVEN. Madam President, I tween prioritizing and the so-called se- from Arizona wishes to address the wish to thank the Senator from Maine, quester—the across-the-board cuts. Chamber about an upcoming motion to as well as Senator TOOMEY from Penn- We are headed down a trail right recommit the bill. sylvania. I wish to express comments now, if we approve this bill as is and I yield time to the Senator from Ari- in regard to the motion to recommit bring other appropriations bills to the zona. we will be voting on around 3 o’clock. floor and approve them as they are, the The PRESIDING OFFICER. The Sen- THUD is an important bill. It in- sequester automatically kicks in ator from Arizona. cludes funding for things we consider again. Under the law, the sequester Mr. FLAKE. Madam President, this absolute priorities, including, cer- comes right back in and will bring is the first appropriations bill we are tainly, transportation, roads, bridges, these bills down to a total of $967 bil- considering for fiscal year 2014. Unfor- funds for housing and for other pur- lion. So what have we gained? We

VerDate Mar 15 2010 01:54 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.036 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5942 CONGRESSIONAL RECORD — SENATE July 25, 2013 haven’t accomplished what we are try- do and that the Budget Control Act let the appropriations process unfold ing to do, which is to prioritize the provides, but I don’t think we should the way it should? Why should we funding. short-circuit the process when there short-circuit it now by saying, that is So let’s find a way across the aisle to has been a good-faith effort to bring enough, let’s return the bill to com- come to an agreement to make sure we appropriations bills to the floor. mittee, we don’t trust what is going to prioritize funding and do so within the What I would propose in lieu of the happen, when there are safeguards we BCA limit of $967 billion because that approach offered by my friend and col- can put in to ensure that at the end of is what the law says. That is what the league Senator TOOMEY is an amend- the day we will be at the cap of $967 bil- law says we have to do. We need to find ment which I am going to file this lion? a way to come to an agreement. afternoon that says not later than Oc- As I said, I will file my amendment With that, I yield the floor. tober 1, the Committee on Appropria- this afternoon to give us an actual Mrs. MURRAY. I suggest the absence tions shall revise the suballocations to mechanism to ensure that at the begin- of a quorum. the subcommittees for fiscal year 2014 ning of the fiscal year we are at those The PRESIDING OFFICER. The such that the suballocations comply levels. That is one approach, and I clerk will call the roll. with the discretionary spending limits think it is a far better approach. The legislative clerk proceeded to that are in the Balanced Budget and Thank you, Madam President. call the roll. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- Emergency Deficit Control Act—what ator from Washington. ator from Maine. we refer to as the Budget Control Act, Ms. COLLINS. Madam President, I the BCA. AMENDMENTS NOS. 1756, 1803, 1785, AND 1789 EN ask unanimous consent that the order To me, this is the proper way to do BLOC for the quorum call be rescinded. it. If, at the end of the fiscal year, we Mrs. MURRAY. Madam President, I The PRESIDING OFFICER. Without find that the appropriations bills that ask unanimous consent that the pend- objection, it is so ordered. have been passed exceed the statutory ing amendment be set aside and the Ms. COLLINS. Madam President, cap in the BCA, then we should reopen following amendments be called up en later this afternoon, Senator TOOMEY the process and reallocate the funds— bloc: Coburn No. 1756, McCain No. 1803, will be offering a motion to recommit the ceilings, the caps—across each of Boozman No. 1785, and Udall of Colo- the Transportation-HUD appropria- the subcommittees and produce bills rado No. 1789; that the amendments be tions bill back to the Appropriations that comply with the law. agreed to, en bloc, and the motion to Committee. While I commend Senator Frankly, since current law applies reconsider be considered made and laid TOOMEY’s goal of ensuring that the fis- this cap anyway, if we don’t do that, upon the table. cal year 2014 spending levels comply sequestration will take effect on Janu- The PRESIDING OFFICER. Is there with the Budget Control Act spending ary 1 of next year. I do not think that objection? caps, I do not believe this is the right is a good approach because it treats all Without objection, it is so ordered. approach. programs as if they are the same and The amendments were agreed to en Let me be clear. I voted in the Appro- does not allow us to set priorities. bloc, as follows: priations Committee, as did every Re- So I think the approach of the Sen- AMENDMENT NO. 1756 publican member of that committee, ator from Pennsylvania is premature, a (Purpose: To require public disclosure of for a top-line level of $967 billion. That blunt instrument, and there is a rea- certain reports) is the amount that is in the Budget sonable alternative. I think it discour- At the appropriate place, insert the fol- Control Act. That is law. But this is ages a return to regular order where we lowing: the very first appropriations bill that bring the appropriations bills to the SEC. lll. (a) Notwithstanding any other has been brought to the Senate floor. floor and where Members are free to provision of this Act and except as provided We have no idea where we are going to eliminate whole programs, to cut bil- in subsection (b), any report required to be lions if they wish to do so. Indeed, submitted by a Federal agency to the Com- be at the end of the process. mittee on Appropriations of the Senate or The two leaders of the Appropria- Members have worthwhile amendments the Committee on Appropriations of the tions Committee have called for reg- that would reduce spending, but to House of Representatives under this Act ular order, and I commend them for send the bill back to committee before shall be posted on the public website of that bringing appropriations bills to the we have even had a chance to consider agency upon receipt by the committee. floor starting with this one, one at a those amendments and before we have (b) Subsection (a) shall not apply to a re- time, for debate, amendment, and full allowed the Senate to work its will is, port if— consideration. We have had many to me, completely upside down of the (1) the public posting of the report com- way the process should work. promises national security; or amendments filed to this bill. Several (2) the report contains proprietary infor- of them would reduce spending that is Furthermore, I will make the point mation. in this bill. One reduces spending by $50 once again that this is the first appro- AMENDMENT NO. 1803 million for the HOME program that is priations bill. How can we say the cap is breached when it is the very first bill (Purpose: To prohibit the obligation or ex- being offered by the Senator from Ari- penditure of funds made available to the zona. There is another that reduces to be brought before the Senate? Department of Transportation for cyber se- spending by over $1 billion for the Com- Frankly, having gone through this curity until the Secretary of Transpor- munity Development Block Grant Pro- process where we did have a free- tation submits to Congress a detailed plan gram. That is not a cut I happen to be- standing Transportation-HUD bill and describing how the funding will be allo- lieve should be made, but that is a le- Senator MURRAY and I went to con- cated and for what purposes) gitimate amendment that, if it passes, ference with our House counterparts, On page 12, between lines 12 and 13, insert would reduce spending in this bill by $1 we came back with a consensus bill the following: billion. There are other amendments that became law that was in between SEC. 1ll. None of the funds made avail- the amounts in the Senate bill and the able under this Act to the Department of that have been proposed to reduce Transportation for cyber security may be ob- spending in this bill. House bill. So we ended up at a lower ligated or expended until the Secretary of So this is turning the process upside level, which we knew we would, and Transportation submits to the appropriate down. It is recommitting to committee which I will not feel I am going out on committees of Congress a detailed plan de- a bill before we have had the oppor- a limb in predicting we would in this scribing how the funding will be allocated tunity to determine what the final case as well, since the Senate bill is and for what purposes, including a detailed spending level in the bill is even going higher than the House bill. description of— to be as a result of the many amend- Why can’t we let the process work? (1) how the cyber security funding will be ments that have been filed. Further- Why can’t we consider the amendments obligated or expended; that have been offered, some of which (2) the programs and activities that will re- more, we are not going to know if we ceive cyber security funding; have reached the cap until we finish all may well pass and reduce spending? (3) if and how the use of the funding com- of the appropriations bills. Why can’t we go to conference with the plies with the Federal Information Security I realize my Democratic colleagues House where I believe additional cuts Management Act of 2002 (6 U.S.C. 101 et seq.) want a far higher spending cap than I are probably likely? And why can’t we and any other applicable Federal law;

VerDate Mar 15 2010 04:44 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.037 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5943 (4) the performance metrics that will be The legislative clerk proceeded to who live and conduct business around used to measure and determine the effective- call the roll. the world about the challenges of doing ness of cyber security plans and programs; Mr. BAUCUS. Madam President, I business in America. These individ- and ask unanimous consent that the order uals—these 10,000—are leaders on the (5) the strategy that will be employed to for the quorum call be rescinded. frontlines of the global economy, and procure goods and services associated with The PRESIDING OFFICER. Without the cyber security objectives of the Depart- they are pessimistic about America’s ment of Transportation. objection, it is so ordered. economic future. TAX CODE REFORM AMENDMENT NO. 1785 The vast majority of those sur- Mr. BAUCUS. Just outside this (Purpose: To establish the Sense of the Con- veyed—71 percent—expected U.S. com- gress that any vacancy in the position of Chamber are the likenesses of Wash- petitiveness to deteriorate over the Inspector General of the Federal Housing ington, Jefferson, Lincoln, and dozens next several years. Finance Agency should be filled in compli- of statesmen cast in bronze and mar- And what did they identify as the ance with the Federal Vacancies Reform ble. I often look to these individuals root of America’s competitiveness Act of 1998) for inspiration and quotes when writ- problem? Respondents pointed to At the appropriate place, insert the fol- ing a speech. America’s Tax Code—to the code—as lowing: On a recent walk across the Capitol one of the greatest weaknesses in the SEC. llll. (a) Congress finds the fol- to meet my colleague, Congressman U.S. business environment. lowing: DAVE CAMP, I passed a giant statue of (1) The Housing and Economic Recovery Dig deeper and you learn respondents Andrew Jackson, our Nation’s seventh were deterred from investing in the Act of 2008 established an Office of Inspector President. General within the Federal Housing Finance United States not simply by a higher It was Jackson who famously said— Agency (in this section referred to as the statutory corporate tax rate, but also ‘‘FHFA’’). and I quote him by the sheer complexity and uncertain (2) The President has nominated Steve A. The wisdom of man never yet contrived a future of the Tax Code. I might say, Linick, the current FHFA Inspector General, system of taxation that would operate with perfect equality. when I mention that report to people, to be the next Inspector General of the De- to businesses, to Americans, they nod partment of State. Those words were spoken by Jackson their heads in agreement. That is what (3) The nomination of Steve A. Linick to in 1832. More than 180 years later, our they have found themselves too. be Inspector General of the Department of Nation still struggles with a broken The survey concludes with a dire State occurred on June 27, 2013, following a tax system. 1,989 day vacancy that began on January 16, Our Tax Code today is inequitable, warning—and I quote the survey: 2008. inefficient, and incomprehensible to For the first time in decades, the business (4) The Federal Vacancies Reform Act of the overwhelming majority of Ameri- environment in the United States is in dan- 1998 (5 U.S.C. 3345 et seq.) prescribes require- ger of falling behind the rest of the world. ments for filling, both permanently and tem- cans. It contains nearly 4 million That’s bad news for everyone. A fundamen- porarily, vacancies that are required to be words—4 million. If someone were to tally weakened U.S. economy is not only an filled by Presidential appointment with Sen- try to read the entire code out loud, it American problem but also a global risk. ate confirmation, and generally provides a would take them more than 18 uninter- Chairman CAMP and I have been limit of 210 days for persons serving in an rupted days. working together for more than 2 years ‘‘acting’’ capacity. Not only is the code long; it is mad- on comprehensive tax reform. Here in (b) It is the Sense of Congress that should deningly complex. There are 42 dif- the Senate I have been working on tax a vacancy occur in the position of Inspector ferent definitions of a small business in General of the Federal Housing Finance reform for the past 3 years with my the code—42. There are 15 different tax Agency, the President should act expedi- good friend Senator HATCH, the rank- incentives for higher education—so tiously to nominate a person to fill the posi- ing member of the Finance Committee. many that the IRS had to publish a tion on a permanent basis and should wait We have held more than 30 hearings no more than 210 days to nominate a person booklet to explain and simplify the and heard from hundreds of experts to serve in this position in the event of a va- higher education tax incentives. And cancy. that book—I have it with me—is 90 about how tax reform can simplify the system for families, help businesses in- AMENDMENT NO. 1789 pages long—just on the education tax novate, and make the United States (Purpose: To require the Federal Railroad incentives. Here it is. I defy anybody to Administration to evaluate regulations read it, let alone somebody trying to more competitive. that govern the use of locomotive horns at go to college or a parent trying to help A lot of people talk about more jobs. highway-rail grade crossings) his or her child go to college. There is a lot of talk about more jobs. On page 52, after line 24, add the following: The code is such a labyrinth that 90 This is one way to get more jobs. If we SEC. 155. Not later than 180 days after the percent of American taxpayers have to reform the Tax Code, it will unleash so date of the enactment of this Act, the Ad- use an accountant or some kind of much positive energy in this country. ministrator of the Federal Railroad Admin- computer software to file their tax re- It would create a lot more jobs than istration, in consultation with appropriate any other plan I have recently heard local government representatives, shall— turns. Even with all this assistance, it still takes the average taxpayer 13 of. (1) evaluate existing regulations governing We held more than 30 hearings, heard the use of locomotive horns at highway-rail hours to gather and compile the re- grade crossings to determine whether such ceipts and forms to comply with the from hundreds of experts on how re- regulations should be revised; and code. form can simplify the system, help (2) submit a report to Congress that con- The Tax Code today is also ineffi- businesses innovate, and make the tains the results of the evaluation conducted cient and unfair. It is riddled with United States more competitive. Last pursuant to paragraph (1). loopholes and deductions that result in month Senator HATCH and I completed Mrs. MURRAY. Madam President, it more than $1 trillion in lost revenue work with the Finance Committee on is my understanding we have a Repub- each year. an extensive, 3-month, top-to-bottom lican Senator who is coming to the This complexity in the code is erod- review of the Tax Code. We met as a floor shortly to make a motion to re- ing confidence in our economy and cre- full committee every week to collect commit. For the information of all ating uncertainty for America’s fami- feedback on different topics in tax re- Members, at some point to be agreed lies and businesses. Many Americans form and issued a series of 10 discus- upon, we will dispense with that mo- think of the other guy, the fancy law- sion papers to kick off that conversation this afternoon. We are hoping to yer who can take advantage of the code tion. do that. I know a number of Members and pay lower taxes, which means more In an effort to include the entire Sen- have asked the timing on that. I will tax burden on to me. It is not fair. Con- ate in our efforts, we recently called on work with the Senators and our staffs fidence is eroding. all Senators to partner with us and to try and do that as soon as possible. It is also threatening to undermine provide their input and ideas for re- I know many Members are waiting. the competitiveness of the United forming the code. Starting with a I suggest the absence of a quorum. States in the global marketplace. blank slate, we called on every Senator The PRESIDING OFFICER. The Harvard Business School did a survey to submit their proposals for what they clerk will call the roll. last year asking 10,000 of its graduates want to see in a reformed code. This is

VerDate Mar 15 2010 01:54 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.005 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5944 CONGRESSIONAL RECORD — SENATE July 25, 2013 an important exercise. Everyone needs going to talk to groups about how we The accumulated debt is causing this to be involved. We need every Senator can make the tax system fairer and big drag on our economy and pre- to weigh in on tax reform. I might say, easier to deal with, and we want to venting us from having the kind of job the deadline is this Friday, tomorrow. learn how we can restore some con- growth we ought to have. I encourage all of my colleagues to sub- fidence in the code. Here is my big concern. The bill we Our efforts on reform have been mit their ideas and make their voices are considering right now, the Trans- heard. ramping up. We are continuing to build I might say, your constituents are momentum. Reform provides a historic portation-HUD bill, puts us on a direct certainly making their voices heard. opportunity to give families certainty, path to bust the caps, to break the law, We have received more than 10,000 com- spark growth, create jobs, and make to spend even more than the statutory ments and ideas so far through the Web businesses more competitive to provide limits we put in place just 2 years ago. site that Chairman CAMP and I created America a real shot in the arm. Let me walk through how we get there. called taxreform.gov—actually, 10,258 I will conclude my remarks as I The fact is that under the Budget responses, to be exact. began them—with a quote. These words Control Act the cap that is set on dis- Overwhelmingly, Americans, from are from our Nation’s sixth President, cretionary spending for the fiscal year every corner of our country, are calling John Quincy Adams. President Adams: we are currently debating, 2014, is $967 for a simplified Tax Code. People think Patience and perseverance have a magical billion. That is the number. If you add they should not have to spend hours effect before which difficulties disappear and up the spending sums for all of the ap- obstacles vanish. upon hours and hundreds of dollars to propriations bills my Democratic prepare their taxes, and I for one agree. That is where we are. We are patient. friends want to pass, it adds up to Let me share a couple of submissions We are persevering. We have a lot to $1.058 trillion. It is $91 billion more we have received on our Web site. do. The difficulties will disappear, ob- spending than is permitted under cur- Jennifer, from Hollywood, MD, stacles will vanish, and the best result rent law. writes: will be that the American people have I’ve been doing my family’s taxes for 22 a simpler, fairer code to provide more It busts the caps by almost $100 bil- years. This year my husband suggested we jobs. lion. We cannot afford this kind of use a tax service. Why? The tax code is too I yield the floor. spending. We cannot afford the spend- complicated and he was concerned we were The PRESIDING OFFICER. The Sen- ing we are currently contemplating, missing deductions. ator from Pennsylvania. much less nearly another $100 billion. Mike, from Fort Collins, CO, provides MOTION TO RECOMMIT an example of the complexity in the Now, I should be clear. Any single Mr. TOOMEY. Madam President, I bill does not bust the caps all by itself. code, writing: rise to describe a motion to recommit It is what they do in combination. But I have been a tax assistance volunteer for that I am going to offer. Let me start this bill is one of a series that in com- 19 years. It is difficult to tell someone who by providing a little bit of context to knows what a child is that there are actually bination is designed to bust the caps. four different definitions for ‘‘a child’’ in the why I am offering this motion to recommit. That has to start by remind- All you have to do is add up the total tax law. Make the same definition apply spending in each bill, and you get a across the entire tax code. The best way is ing my colleagues about the Budget the simplest way. Control Act that was signed into law in number that is much greater than the Wendy from Irving, CA, writes: 2011, about 2 years ago. cap. So it is very clear. I do not mind paying taxes—we need edu- The Budget Control Act—which, This particular bill, by the way, is a cation, infrastructure, and a defense. What I again, is an act, not a bill—has been huge increase. The Transportation- do mind is that it is a complete mystery and signed into law. It is the existing law HUD bill spends over $54 billion in its a complete game to find every allowable de- of the land. It established spending current form, as currently con- duction and that it is a significant burden as caps—limits on discretionary spend- templated. That is $5 billion more than well as a significant expense to pay a quali- ing—in a modest effort to try to bring fied preparer. How has this come to be? My in 2013. That is a 10-percent increase in returns are 20–50 pages long. Why is it more out-of-control spending somewhat just 1 year. It is almost $10 billion than two? There must be a way to simplify under control. So we have a statutory more than what the House proposed. It the process. limit on how much the Federal Govern- is even more money than what the You know what. Wendy is right. ment is permitted to spend. It is a President of the United States asked There must be a way to simplify the limit on both the defense side and the for in his own budget request. He did process. nondefense side, but it is a limit. It is not ask for this much money. Yet here an attempt to control that which has That is the same message Chairman it is on the Senate floor, a bill that been so difficult to control in this CAMP and I heard earlier this month in busts the cap, increases spending dra- St. Paul, MN. We were in the Twin Cit- town, which is Federal spending. I should point out that even if we matically, and spends more money ies for the first in a series of trips we than the President even asked for, at a are taking across the country to speak abide by the spending caps that are in time when we are running huge deficits with people about tax reform. the existing law, if we follow the law, We want to get out of Washington. we are still going to run a huge deficit. that are costing us economic growth. We are doing it this summer. We are Next year the deficit will be about $560 I think this is a very bad idea, so I going to Philadelphia next Monday to billion. That means that next year, if have a motion. I am grateful to have get input and feedback from people on we have the spending discipline of liv- the support of many of my colleagues, dealing with America’s tax system. ing within the law, we will still in- including Senator SHELBY and Senator St. Paul was a great trip. We met crease our total outstanding debt by HOEVEN, both who are appropriators. I 1 with leaders of two distinctly different more than $ ⁄2 trillion and our debt as a think Senator HOEVEN is intending to types of American businesses—one a percentage of our economy will rise to speak in support of this motion. Let U.S.-based multinational corporation 76 percent—76 percent debt-to-GDP me explain clearly what it will do. with more than 85,000 employees, the ratio. Our debt-to-GDP ratio is already What my motion will do is send the bill other a family-run bakery with 85 em- higher than it should be. It is already back to committee with instructions to ployees. While dramatically different costing us economic growth and jobs. lower the spending in the bill to $45.455 in size and in industry, they face simi- It is going to rise further. That is as- billion. That is the number that would lar challenges when it comes to dealing suming we stick to the spending cap. be consistent with the spending caps. It I should point out that the way we with America’s Tax Code. In conversa- would allocate an amount of money to tion after conversation we heard the got to this point is just spending on this appropriations bill, the Transpor- same thing: We need a simpler Tax autopilot, just growing spending every tation-HUD bill, in proportion to what Code. year. I will give one example. Since St. Paul was just the first stop. As I 2000, total Federal spending has dou- the Transportation-HUD bill spends mentioned, the next trip is Philadel- bled. That is the scale of the increases under the current fiscal year. It would phia. Then we plan to go to the west in spending we have been experiencing. do that for the next fiscal year. coast. We have other trips planned over That is why we have been running huge I am not suggesting that I would go the next couple of months. We are deficits. We now have a massive debt. through and line by line make all of

VerDate Mar 15 2010 04:44 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.039 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5945 the individual adjustments within the on this bill in committee and it would to lock in sequestration and force the bill. I would leave that to the com- take the strong bipartisan support House budget onto our transportation mittee that has the most expertise, the coming out of committee and just and housing bill, let’s talk about it for Appropriations Committee. Let them throw it all away and ask us to simply a few minutes. do their work, but let them do it in a now adopt the House Republican budg- The bill we are debating right now, way that ends with a product that is et and start all over again. There is ab- the transportation and housing bill, consistent with the law, consistent solutely no reason for us to go back to could not exist at the worse-than-se- with the spending caps. the drawing board, especially not under questration levels that are being One point I should make about the the conditions that are laid out in this pushed in this House. My partner on spending caps in the Budget Control motion. this bill, Senator COLLINS, has been Act—I think there are some folks in Back in March we had a very vig- clear, as I have, that the differences be- this town who mistakenly think that orous debate here in the Senate about tween the House and Senate transpor- since deficits have gotten a little our values and our priorities when it tation bills could not be more stark. smaller in recent years than they were came to the Federal budget. We de- Our bipartisan bill here in the Senate in the past few years, somehow we do bated about the future of Medicare. We continues to invest in our communities not have a deficit problem anymore talked about how the wealthiest Amer- through the Community Development and we can just crank up spending. I icans should contribute their fair Block Grant Program, CDBG, while the have to say I think that is a profoundly share. We debated what should be done partisan House bill cut that in half to mistaken view. We still have a huge with overall spending levels and the the lowest level ever, which would automatic cuts from sequestration mean 40,000 fewer jobs in this country. problem with the spending path. A $1⁄2 that were put in place in the bipartisan trillion deficit is a devastatingly large Communities across the country would Budget Control Act in order to bring deficit. As bad as that is, several years have to halt projects they are planning both sides to the table to replace them in the future, under current projec- to help get their communities moving with more responsible deficit reductions—again, this assumes that we live again. tion. Our bipartisan bill in the Senate in- within the law—within a few years Everyone will remember that we vests in Essential Air Service and these deficits start to explode again spent dozens of hours debating the makes sure there is enough in the pro- even beyond the current levels, which budget on the Senate floor. Then my gram to cover all the communities that are already unacceptable. colleagues had a choice. We ran an currently participate in it. So I think this is very important. open process. Any Senator could bring The House partisan bill that this mo- This is the first appropriations bill the an amendment to the floor. We consid- tion would recommit and put us back Senate is considering this year. This is ered over 100 of them from Democrats into the position of considering would the one that is going to determine and Republicans. One of my Republican shortchange the entire program and whether we are going to go down a path colleagues even offered the House cut it more than one-third. It includes of disregarding the bipartisan, Presi- budget as an amendment, which locks additional language that would kick dentially signed law of the land which in that overall sequestration level but out communities in States such as is in existence right now. This bill is actually ignores the Budget Control Montana and New Mexico that abso- designed to be part of a process to bust Act by simply pushing the entire bur- lutely depend on this. that wide open so that we spend more den onto seniors and families in our The bipartisan bill the Senate has in- money that we can’t afford. That communities. But, as we all know, the vests in our families to make sure they would be a huge mistake. House budget was rejected by the Sen- have a roof over their heads when they This is a motion to recommit back to ate. It got only 40 votes here, and 5 Re- need it most, to help them if they are the committee, report out a bill where publicans actually voted against it. disabled or seniors who need to stay off they can establish the priorities and The Senate budget we ended up passing the streets. The partisan House bill the allocation within the limit but set replaces sequestration with an equal would serve 132,000 fewer people, many the limit at a level that is consistent mix of responsible spending cuts and of whom would end up homeless with- with the caps. new revenue by closing tax loopholes out this support. I move to commit S. 1243 to the Com- that benefit the wealthiest Americans. Those are only a few examples. I mittee on Appropriations with instruc- The House passed their budget that could name many that are in this bill. tions to report back with such changes locks in sequestration on steroids. The If sequestration numbers were to be as may be necessary such that total Senate passed our budget that replaces blocked in the way this motion that is budget authority for fiscal year 2014 is sequestration with more responsible before us envisions, we will continue not greater than $45.455 billion. deficit reduction. I absolutely agree seeing the impact across our entire I ask for the yeas and nays. with my colleagues that we cannot fin- Federal Government. The PRESIDING OFFICER. Is there a ish that budget process until we find a As Secretary Hagel has made very sufficient second? way to bridge that divide between the clear, the defense worker furloughs There is a sufficient second. House and Senate. But I want to be would continue and get worse. In my The yeas and nays were ordered. clear here. A motion to recommit on home State of Washington—I talked Mrs. MURRAY. Madam President, I an appropriations bill is not the place about it on the Senate floor this morn- rise to strongly oppose this motion to have the debate on the overall ing—we have seen the consequences of that is now before the Senate. I urge spending levels. That is what a budget those cuts. Do you know where we are all of my colleagues to vote against it conference is for. That is where the two seeing them? In places such as Madigan as well. Senator COLLINS and I have sides need to go to work out a deal. Hospital where a young woman came worked very closely together to write a But, as my colleagues all know, despite and told me about being furloughed on bipartisan transportation and housing the efforts of many Republicans and Fridays and what it translated into in bill that works for our families and our Democrats alike, a few Senators—very terms of people having their brain sur- communities. We have been working few Senators—continue blocking a bi- geries delayed because of the shut- here together on the floor to have an partisan budget conference. So far we downs on Friday. This is what we are open debate and accept amendments have been unable to even get in a room talking about, doctors and nurses being from both sides of the aisle. We just ac- to talk about that. furloughed in our Army hospitals as we cepted a number of them a few minutes We are going to keep trying to start have injured soldiers who need care. ago. a budget conference and work toward a This sequestration is going to impact In addition to six Republicans who bipartisan deal. Until we do, the bipar- funding for our firefighters who are explicitly supported this bill in com- tisan work that is being done in the protecting our homes and lands, civil- mittee, along with all of the Demo- Appropriations Committee now, led by ian employees, and it will hit the law crats, a total of 73 Senators voted to the chairwoman Senator MIKULSKI has enforcement officials who are pro- start debate on this bill. But now this to continue. tecting our cities from the threat of motion that is now before us would Now that my colleague has brought terrorism. It will strip funds from can- take all of that bipartisan work we did this motion to the floor that attempts cer research at NIH. Our roads, bridges,

VerDate Mar 15 2010 01:54 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.042 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5946 CONGRESSIONAL RECORD — SENATE July 25, 2013 and rails will continue to crumble, and Senator TOOMEY is one of our most going to do that? He is going to do that small businesses will pay the price. knowledgeable Members on finance in because he is going to let all these This would be happening while a lot the Senate. He is a member of the other bills go over the budget limit, of other countries that are our com- Budget Committee. He fully under- and then he is going to produce the de- petitors in the global marketplace are stands the significance of this matter. fense bill and say: Oh, colleagues, we doing the opposite. They are investing If this legislation passes at the level have to add more money to the defense in themselves. They are setting them- it is moving forward today, then we are bill, putting us over the BCA limits selves up to compete in the 21st cen- eviscerating the promises we made to that were agreed to and passed into tury economy. the American public in August of 2011. law. We have to waive that and spend This is the reality of sequestration. In August of 2011, everyone should re- more. It may not make the news every single member quite well, that we said we This is how a Nation goes broke. This day in every paper. We may not see all would raise the debt ceiling by $2.1 tril- is how we lose credibility with the the impacts right away, but it is very lion. We will reach that by the end of American people. real, and it will truly be devastating. It this year. We will have used up and We looked them in the eye in August will be devastating for our families. It borrowed another $2.1 trillion before 2 years ago and we said we were going will be devastating for our national se- the end of the year, but we said that we to reduce the growth of spending a lit- curity and our long-term economic would reduce spending by $2.1 trillion tle bit, $2.1 trillion, in exchange for growth if we don’t replace it. By the over 10 years to make it easy on our- raising the debt ceiling $2.1 trillion. way, it is not just Democrats who are selves and to spread out the spending The majority party here is blithely saying this. Economists such as Ben cuts. walking in, pretending that never hap- Bernanke have said it is hurting the This was passed into law with bipar- pened and saying: Oh, we didn’t intend economy. Many of my Republican col- tisan support and signed by President to pass a limit. Why did you vote for it then, if you leagues have spent a lot of time going Obama. This is not some law that was didn’t intend to pass it? We did intend around the country talking about how made up out of thin air. It was a law to pass it. We promised the American devastating it is on the defense side. that was debated and passed in both people $2.1 trillion in reducing the I am happy to have this debate. I Houses of Congress. Republicans and growth of spending not a reduction in don’t think this bill, the appropria- Democrats agreed to it, and it im- spending, just a reduction in the tions bill, the transportation and hous- proved our spending a little bit. ing bill, is the place to do it. growth of spending. We were then spending at the rate of The PRESIDING OFFICER. The Sen- If the Senator from Pennsylvania and $37 trillion over 10 years. We were pro- others wish to start a debate and a ne- ator’s time has expired. jected to increase spending to $47 tril- Mr. SESSIONS. We need to honor gotiation between the Senate budget lion over 10 years. This bill reduced it that promise. and the House budget, they should stop to $45 trillion. I yield the floor. objecting to us going to conference. Under the current spending limits we The PRESIDING Officer. The Senator That is where this should occur. now have, as Senator TOOMEY has so from Maryland. Until then, I urge my colleagues to ably pointed out, we are going to in- Mr. CARDIN. I wish to thank Senator reject this motion and allow us to con- crease spending over next 10 years. We MURRAY and Senator COLLINS return- tinue working on the bipartisan bill we are going to increase it from $37 tril- ing us to regular order and bringing an have worked so hard to bring to the lion to $45 trillion at a time when we appropriations bill to the floor that is Senate. Let’s work in creating jobs, in- have been running the largest deficits consistent with the budget resolution vesting in communities, and lay down the Nation has ever seen, bar none. An passed by this body. I also wish to com- a foundation for long-term and broad- absolutely irresponsible level of debt pliment my colleague from Maryland, based growth. has been added to our country. the chairman of the Senate Appropria- I move to table the motion, and I ask Even this modest proposal agreed to tions Committee Senator MIKULSKI. for the yeas and nays. by the President, voted on by the ma- We are returning to regular order in The PRESIDING OFFICER (Ms. WAR- jority party in the Senate, supported in the Senate. I find it amazing. It was REN). Is there a sufficient second? a bipartisan way—is set to be demol- only a week ago my colleagues on the There appears to be a sufficient sec- ished before 2 years is up: Oh, it is too Republican side were saying we don’t ond. tough. We can’t reduce the growth of Mrs. MURRAY. I suggest the absence want to turn the Senate into the spending from $47 trillion to $45 tril- of a quorum. House. Now we have a motion to re- The PRESIDING OFFICER. The lion. Oh, this is going to destroy Amer- commit that would take the House clerk will call the roll. ica. numbers. We didn’t do that. The assistant bill clerk proceeded to Well, why don’t we look for ways to Should we only have a unicameral call the roll. spread out the cuts and distribute some legislature? I thought we thought this Mr. SESSIONS. I ask unanimous con- to the departments and agencies that body was important. Yet this motion sent that the order for the quorum call got zero reductions in spending, such to recommit will have the effect of say- be rescinded. as Medicaid and food stamps zero re- ing that what we do in this body The PRESIDING OFFICER. Without duction. No, we can’t touch those. doesn’t make any difference; let’s just objection, it is so ordered. They are sacrosanct, and other pro- take the House’s bill. I don’t think Mr. SESSIONS. I ask that I be al- grams too. that is what we want. lowed to speak for 5 minutes. We have some reductions in spending The House bill that has been reported Mr. MURPHY. I would ask the Sen- on the discretionary accounts that we I don’t think it has yet been voted on ator if the Senator from Maryland can sustain, and it will be tough. That was a partisan bill. What we did in this could speak for 5 minutes. I would nois what we are paid to do. body is have Democrats and Repub- tify all of my colleagues that we intend The bill should properly go back to licans working together. That should to go to the motion to table once that the committee, and a vote in favor of be the model we use in this institution. debate occurs. the Toomey motion would instruct the The motion to recommit would destroy The PRESIDING OFFICER. Without committee to produce a bill that is that, would take that away. That objection, it is so ordered. consistent with the Budget Control doesn’t seem to make a lot of sense. The Senator from Alabama. Act. Let me talk on the merits, if I might, Mr. SESSIONS. I wish to thank my May I inquire how much time re- for one moment, and that is what this colleague Senator TOOMEY for raising mains? motion would mean as far as jobs in this matter and asking to recommit The PRESIDING OFFICER. The Sen- this country and responsible invest- the legislation so the Senate com- ator has 11⁄2 minutes remaining. ments. Remember that we are oper- mittee, the appropriate committee, Mr. SESSIONS. Essentially, the ma- ating under a budget resolution that would produce a THUD plan for spend- jority leader has already said that he will reduce the deficit. It gets us to ac- ing that complies with the Budget Con- intends to bring up the defense bill tually stronger efforts to reduce the trol Act, which is a law of the land. last, national security last. Why is he deficit.

VerDate Mar 15 2010 01:54 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.043 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5947 I can’t speak to every category of This committee’s spending alloca- Mr. CORNYN. The following Senator spending, but I do know something tions assert that sequester will be re- is necessarily absent: the Senator from about transportation. I serve on the placed with a balanced solution to the Kansas (Mr. MORAN). Environment and Public Works Com- deficit problem that will be decided in The PRESIDING OFFICER (Mr. mittee. There is bipartisan support on a conference on the budget resolution. MANCHIN). Are there any other Sen- our committee to do more than what is But guess what. Six Senators have ob- ators in the Chamber desiring to vote? in this budget. We have trillions of dol- jected to a conference on the budget The result was announced—yeas 56, lars’ worth of roads and bridges that resolution. And now this motion to re- nays 42, as follows: are falling down. We have to invest, to commit is further sand in the gears of [Rollcall Vote No. 187 Leg.] create jobs. We understand transpor- the appropriations process. But I am YEAS—56 determined that this committee will tation creates jobs. The motion to re- Baldwin Hagan Murray commit would take us to numbers that not be undermined by this obstruc- Baucus Harkin Nelson are lower than the sequestration num- tionism. While we wait for the Budget Begich Heinrich Pryor bers. Committee to be able to do its job, we Bennet Heitkamp Reed Blumenthal I was just on the floor a few minutes will continue to do our job. Johnson (SD) Reid Boxer Kaine Rockefeller ago talking about how the sequestra- Colleagues, this isn’t a disagreement Brown King about whether we should have across- Sanders tion is hurting this country—it is hurt- Cantwell Klobuchar Schatz Cardin Landrieu ing job growth, hurting our economy, the-board cuts. Nobody thinks across- Schumer Carper Leahy the-board cuts are smart. This is a dis- Shaheen hurting Federal workers, and hurting Casey Levin agreement about how much we will in- Stabenow ordinary Americans. Well, this motion Cochran Manchin Tester makes it worse. It goes below the se- vest in America, in our infrastructure, Collins Markey our people, and our national security. Coons McCaskill Udall (CO) questration numbers. We need to invest The Toomey motion to recommit Donnelly Menendez Udall (NM) Warner in job growth, we need to do it in a bal- would require huge cuts—in this case, Durbin Merkley anced, responsible way, and that is ex- Feinstein Mikulski Warren $8.5 billion in cuts—but it provides no Franken Murkowski Whitehouse actly what Senator MURRAY did in specifics. The THUD bill keeps Amer- Gillibrand Murphy Wyden wearing her hat as chairman of the ica moving on land, at sea, and in the NAYS—42 Senate Budget Committee. She has air. This motion to recommit stops now brought out an appropriations bill Alexander Enzi McCain America in its tracks. If this motion Ayotte Fischer McConnell totally consistent with the action passes, roads will not be resurfaced, Barrasso Flake Paul there. bridges will not be replaced or re- Blunt Graham Portman Here is the real hypocrisy. What we paired, air traffic controllers will not Boozman Grassley Risch have said on our side of the aisle is we Burr Hatch Roberts be hired, and airports will not be up- Chambliss Heller Rubio understand there is a difference. Let’s graded. And all these cuts mean one Chiesa Hoeven Scott go to conference and resolve the dif- thing—fewer jobs—fewer good Amer- Coats Inhofe Sessions ferences. And the same people who are ican jobs. Coburn Isakson Shelby supporting this motion will not let us Corker Johanns Thune The FAA modernization program will Cornyn Johnson (WI) Toomey go to conference to resolve the dif- be delayed—again. This delay will Crapo Kirk Vitter ferences. We should return to regular cause more congestion at our airports Cruz Lee Wicker order. Reject this motion to recommit. and leave America further behind in NOT VOTING—2 Ms. MIKULSKI. Mr. President, I rise the global economy. And these cuts Hirono Moran today in strong opposition to the mean safety will be put at risk, with Toomey motion to recommit. This mo- fewer resources for the agencies The motion was agreed to. tion to recommit would send the trans- charged with keeping us safe on the Mrs. MURRAY. Mr. President, I portation-housing bill back to the com- roads and in the air. These cuts today move to reconsider the vote and I move mittee with a new allocation of $45.5 have consequences for years to come. to lay that motion on the table. billion, a cut of $8.5 billion from the This is true for our physical infrastruc- The motion to lay on the table was Senate bill’s current level of $54 bil- ture, and it is true for our human infra- agreed to. lion. The THUD subcommittee would structure. The PRESIDING OFFICER. The Sen- then have to rewrite its bill to the new, This motion is irresponsible and ator from Washington. lower allocation. should be rejected. It demands $8.5 bil- Mrs. MURRAY. Mr. President, I want This motion is simply a backdoor ap- lion in unspecified cuts, which would to let all Senators know that we have proach to make sequester the new nor- have terrible impacts on America’s in- made tremendous progress on the mal by slashing the THUD bill. This is frastructure, and on our efforts to cre- transportation and housing bill. We in- a cut of the magnitude proposed in the ate good jobs right here at home. tend to make more progress next week. Ryan budget. I remind my colleagues I believe our government should meet We are going to stay in morning busi- the Ryan budget puts a moat around compelling human needs. It should pro- ness this afternoon. We have a few defense spending, and cuts $91 billion vide for the national defense. And our issues we are working out through the from domestic programs. I will not ac- government should make smart invest- weekend. We will be back at this next cept sequester, I will not accept the ments today so our Nation will grow week. Ryan budget, as the new normal. stronger tomorrow. I wish to thank all of the Members The allocation for the THUD bill is This motion to recommit puts all of who have worked very hard with us based on a topline of $1.058 trillion. these essential functions at risk and this week, and I look forward to work- This is the presequester topline con- would have terrible near-term and ing with them again next week. tained in the American Taxpayer Re- long-term impacts. I strongly oppose The PRESIDING OFFICER. The Sen- lief Act, a law that passed the Senate the Toomey motion to recommit. ator from Maine. Mrs. MURRAY. Madam President, I by a vote of 89 to 8 in January. The al- Ms. COLLINS. Mr. President, I too yield back the remainder of my time. location for THUD proposed by the The PRESIDING OFFICER. The wish to comment on the progress we Toomey amendment is based on a question is on agreeing to the motion have made this week. We have been topline of $967 billion, the to table the motion to recommit, of- considering this appropriations bill postsequester level. fered by the Senator from Pennsyl- under regular order. We have actually Those who support $967 billion want vania. cleared several amendments today. We to make sequester the ‘‘new normal.’’ The yeas and nays have been ordered. have had some votes. We have defeated They say: We must follow the law, and The clerk will call the roll. a motion to recommit the bill to com- sequester is the law. First of all, the The assistant bill clerk called the mittee so that we can proceed to go House is not following the law. The roll. forward. House ignores the law by taking all $91 Mr. DURBIN. I announce that the Senator MURRAY and I will be here on billion of cuts out of domestic discre- Senator from Hawaii (Ms. HIRONO) is Monday, ready and open for business. tionary programs. necessarily absent. We will start sequencing amendments.

VerDate Mar 15 2010 01:54 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.048 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5948 CONGRESSIONAL RECORD — SENATE July 25, 2013 I hope Members on both sides of the to punish the family members of an of- The PRESIDING OFFICER. Without aisle will approach this bill in a coop- fender for crimes they did not commit. objection, it is so ordered. erative spirit with respect to further Yet that would be the effect of the Vit- The Senator from Florida. rights of Senators to offer their amend- ter amendments. Such measures have f ments and get votes, and that we will the effect of extending punishment be- FUNDING LEVELS not see Members drawing lines in the yond the original term; they would act sand or deciding that they are going to as a lifetime ban and make it harder Mr. NELSON. Mr. President, what we block action going forward because I for ex-offenders and their families to have seen is a recognition that these think this bill could be a model of how get back on their feet. I reluctantly are tough times and we need some belt- we should operate. supported the amendment this week tightening. But to go back to this level Thank you, Mr. President. because Federal regulations already of sequestration is not the right thing AMENDMENT NO. 1744 give housing officials the ability to to do because that is taking a meat Mr. LEAHY. Mr. President, on Tues- keep dangerous criminals, sex offend- cleaver approach, across-the-board, on day, the Senate adopted an amendment ers, and domestic abusers out of public cutting Federal programs. It is just not offered by the junior Senator from housing. While this diminishes some- a responsible way of belt-tightening. Louisiana, which effectively imposes a what the overall impact of that amend- Fortunately, this motion to recommit, lifetime ban on individuals who have ment, the mandatory draconian nature to in essence go to the level of appro- been convicted of certain serious of the Vitter amendment remains deep- priations for Transportation and Hous- crimes from obtaining Federal housing ly troubling. As the senior Senator ing and Urban Development that was assistance. Today is a new legislative from Louisiana stated when Senator to take it to the level of the House, day, and many of us in this body may VITTER offered a similar amendment a which is considerably lower than what have already moved on to the next few years ago, such an approach is sim- has come out of our Appropriations meeting, the next issue, the next vote. ply ‘‘mean-spirited and counter- Committee in the Senate—fortunately, But as I have reflected on that amend- productive.’’ this motion to recommit was defeated. I am concerned that this is just the ment, I am concerned the direction Why do we want to cut funding, as first of a series of similarly mean-spir- these types of amendments are taking the House bill does, to critical areas ited and counterproductive amend- us. such as air traffic controllers? I had significant concerns with the ments. Now that the Senate has moved It is dangerous, shortsighted, and we lack of notice given to Senators about to impose a lifetime ban on food and have been to this rodeo before. As a housing assistance for some who have the amendment offered by Senator VIT- matter of fact, doesn’t anyone remem- served their criminal sentences, what TER, and the speed with which a vote ber that earlier in the year we had to will be next? Will we next decide to was scheduled. In the span of roughly fix the sequestration cuts that went take away education or employment 90 minutes, the amendment was filed, into effect in the current fiscal year assistance? Should we ban ex-offenders made pending, and set for a rollcall because it was cutting out all kinds of from libraries or public parks? The ag- vote. This amendment was never con- air traffic controllers and furloughed a gregate effect of such efforts will be to sidered by the relevant subcommittee number of them and closed the con- relegate an ex-offender and perhaps his in the markup of the bill, nor vetted tract towers for the small airports? We or her family to a lifetime of poverty, for unintended consequences. had to reverse that. The public rose homelessness, and isolation. That does I am deeply concerned about what and said: This is not the right nor in- not make us safer. It just makes us the sort of amendment offered by the telligent thing to do when it comes to meaner and less compassionate. I hope junior Senator from Louisiana says the public safety. we will stop using this political tactic about us as a Senate, and as a Nation. In addition to compromising the safe- and work together to help give people a Following on the heels of a similar ty of the traveling public, those air second chance. traffic cuts would have increased the amendment offered by Senator VITTER I know many Senators here share flight delays by hours and hours and on the farm bill, I expect that similar this goal. This is a complicated issue caused a lot of cancellations. Lo and amendments will be filed and offered that demands thoughtful solutions, and behold, when the American traveling on virtually every future bill. This has we must work together if we have any public saw that was exactly what was to stop. hope of achieving real change. Public happening, they rose and they said: In our system of justice, when some- safety is about more than lengthy pris- Enough. The body politic responded. one is convicted of a crime and serves on sentences. It also requires efforts to Here was an attempt to repeat that. If a sentence, I believe that person de- reintegrate into our communities those we reduce the top line of funding for serves a second chance and an oppor- who have served their time. We know tunity to reintegrate as a productive that reentry efforts reduce recidivism this next fiscal year on this bill, we are member of society. That is a principle and we must be thoughtful when we going to be right back in the same situ- of fairness and justice that I know not take options off the table like we did ation where we were last spring: scram- only from my days as a prosecutor, but this week. bling to keep our aviation system func- through my time as chairman of the I praise groups like the Conference of tioning safely and again delaying the Judiciary Committee. It is a basic no- Catholic Bishops, Prison Fellowship, next generation of air traffic control- tion instilled in me from an early age, and the Sentencing Project who have lers which we are desperately trying to and reinforced by my faith. As I have worked tirelessly to help provide op- set up. long heard from the faith community, portunities for individuals who have This House of Representatives se- it is our moral obligation to rehabili- committed crimes, and to work toward questration budget—outside of avia- tate and restore people who have com- the rehabilitation and restoration of tion—is going to mean more crumbling mitted crimes. We all have made mis- their families. At the core of their roads and bridges, more families un- takes, and I challenge any Member to work are fundamental notions of jus- able to put a roof over their heads, and come to the floor and say that they tice and compassion—the same prin- our infrastructure will continue to be haven’t themselves sought forgiveness ciples that I hope will guide the work falling into further disrepair. So it is or a second chance. of the Senate as we go forward. our responsibility to keep our country safe and the economy moving. Thank We have to get past the point where f we are scoring political points on the goodness we rejected this attempt to backs of those who have committed MORNING BUSINESS go back to the Dark Ages, but we are crimes but have served their sentence. Mrs. MURRAY. Mr. President, I ask going to have more and more of this. We must find a way to reintegrate unanimous consent that the Senate go We have a bill that is coming up next them into society. That is how we to a period of morning business, with Tuesday in a markup in the Commerce make our communities safer. the time equally divided between the Committee of the NASA authorization No one in this body should want a minority and majority, with Senators bill. Here is a bill that has never been convicted felon to become a repeat of- permitted to speak for up to 10 minutes partisan. It is not only bipartisan, it fender. And I assume no Senator wants each. has been nonpartisan. We have never

VerDate Mar 15 2010 01:54 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.052 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5949 had a partisan vote on a NASA author- will be the first time ever we are going reasons: One, we will set up these ization bill. Three years ago on the to have that kind of vote recorded on health exchanges small businesses can NASA authorization bill that broke a that little agency called the National go to and offer health insurance to lot of new ground, we passed it out of Aeronautics and Space Administration. their employees on these exchanges. the committee and out of the whole So, just like today, here we go. Basically, the exchange is a one-stop Senate unanimously. Down the road, this is going to have shop. A company owner can go online— I am very saddened to report to the to be decided, and it probably will and there are theoretically 8 or 10 pri- Senate that next Tuesday we are going come very late in the year. It will prob- vate insurers—and the owner of the to have a markup of the NASA author- ably come when we come to another business gets to pick a plan from one of ization bill. There is not a disagree- crisis point of having to raise the debt those choices and their employees get ment as to the balance we have in the ceiling. It will probably come to the insured from it. In theory that is not a bill between the big rocket called the point where we have all kinds of good bad idea. However, in a moment I will Space Launch System, its capsule, its and new ideas on tax reform that will outline why that is not working out. spacecraft, Orion, or what we balance be coming out—a major tax reform—of The second thing they brag about is against commercial rockets trying to the Finance Committee. We are limp- the tax credit that small businesses get cargo and crew to the International ing along on appropriations bills just will be able to use. I want to use the Space Station. There is not a disagree- to keep us funded and to keep the gov- testimony—not just of them but of ment on that. ernment functioning after October 1 in small businesses—to outline why, in There is not a disagreement on keep- the new fiscal year. At some point, all fact, these things are not only not ing up the programs on our weather of this is coming to a head, including going to work, but ObamaCare is going satellites—all of the stuff we put up for what level of funding is it going to be. to be deeply hurtful to small businesses NOAA so that, in fact, we can predict I hope we will start using some com- and the middle class. our weather, and in hurricane season mon sense and act accordingly. Let’s talk first about the exchanges. that becomes especially important. I yield the floor. The exchanges are not unfolding as There is not a disagreement about con- The PRESIDING OFFICER (Mr. they were planned. I asked the admin- tinuing the exploration program with COONS). The Senator from Florida. istration yesterday: Is it going to be the robotic spacecraft to Mars and to f ready about October 1? Are businesses other planets as well as putting up a going to be able to go on this exchange THE MIDDLE CLASS satellite, in part for the Department of and find an insurance plan for their Defense, to warn us against the solar Mr. RUBIO. Mr. President, even as I employees? They said they are sure it nuclear explosions on the surface of the speak at this very moment—or maybe is going to happen. But the truth is it Sun so we can get ready to save our he has wrapped up—the President is in is not working out that way. satellites by the time that nuclear ra- Jacksonville, FL, today. He is dis- There are 17 States that have decided diation gets to Earth. There is no dis- cussing the middle-class and how to get to go on to their own exchanges. All 17 agreement on that. the middle class growing again in of those States are behind schedule in There is no disagreement on the fu- America, and it is a very worthy topic. one form or another. Maryland was one ture of the new space telescope called I wish the President would do less of the first States to embrace it. They the James Webb Space Telescope that talking and more listening. If he lis- asked for a delay in April because they is going to replace the existing one tened to the middle class—and particu- couldn’t get it going on time. when it goes on the blink. It has uncov- larly those middle-class Americans A recent report from the Government ered all of these secrets of the universe who either work at a small business or Accountability Office reported that all as we peer back into time on the uni- own a small business—he would hear 17 States were behind schedule and verse. the No. 1 concern many of them now that they were missing deadlines on 44 There is no disagreement on the sub- have is about ObamaCare. percent of the key things they had to stance of this bill. The partisan vote Recently, I made the statement that do. that is going to occur on Tuesday in I don’t believe we should pass a short- Here is the second problem: These ex- the Commerce Committee is going to term budget here that pays for changes only work if you have a lot of be because of the funding level. The ObamaCare. Since that time, I have companies competing against each bill Senator ROCKEFELLER and I have heard the comments of some that that other, but that is not happening either. offered that will be voted on will be, is an unreasonable request. I wish to Insurers are not flooding to offer insur- unfortunately, a partisan vote because outline one more reason why I think it ances on these exchanges. it takes the level of funding of the is an unreasonable request to actually Let me give an example. There are budget resolution which is $18.1 billion. fund it. It is unreasonable because of three States: Washington State, New The vote will be partisan because of the impact ObamaCare is having on Hampshire, and North Carolina where those who want the sequester to apply, real people—particularly those in the only one company has responded. and as such they want $16.8 billion in- middle class in the United States. There is no competition, and that is stead of $18.1 billion or even lower, as I wish to focus on small businesses what is supposed to drive down the the House of Representatives has done, today because they truly are the back- rates. In another State, not a single $16.6 billion. bone of the American economy. People company responded until very recently I can tell everyone that little agency, here throw that term around all the when Humana came in to save the day NASA, can’t do all of these things I time, ‘‘the backbone of the economy.’’ and actually decided to jump on board. just mentioned that there is no dis- It truly is. Here is what the vice president of a agreement we need to do. Getting hu- I live within a few blocks of 8th consulting firm that specializes in mans back into space, preparing for the Street, the famed Calle Ocho, where this—it is called Avalere Health. Caro- next major exploration with humans in literally every business is a small busi- line Pearson is the vice president and the decade of the 2030s, going to the ness, such as bakeries, sandwich shops, she said: planet Mars—there is no disagreement you name it. They are primarily run by Humana may have a difficult time building with that. But we can’t do it if we immigrants who are here in search of a competitive networks in [Mississippi], so we don’t provide the funds now to develop better life and the American dream. could see higher than average premiums in the techniques, the technology, the They own these small businesses. They this region. procedures, and build our way like will be impacted by the changes this Again, another reason to doubt that building blocks to ultimately where we law will have, and I wish to describe these exchanges are going to work and can send humans multiples of millions some of them. the impact it is going to have is ter- of miles away from the home planet Yesterday, we had a hearing in the rible. and bring them back safely. Small Business Committee where the What about the tax credits? That is a Sadly, I am afraid we are going to administration spoke first. Basically, great idea, right? We are giving tax have a partisan vote because of that their take on it is that ObamaCare will credits to small businesses that they disagreement on the level of funding. It be good for small businesses for two can use to buy health insurance for

VerDate Mar 15 2010 01:54 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.054 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5950 CONGRESSIONAL RECORD — SENATE July 25, 2013 their employees. That is not working tal, vision, term life, and health insur- Barack Obama. This is going to hurt out either. ance. He offers those to them right everybody. There are working-class Let me give an example: Only 14 per- now, but because of how much people in America who have existing cent of companies that are eligible for ObamaCare is going to cost him, here insurance who are happy with their the tax credit are using it, and I will is what he is going to have to do. He doctor, and they are going to lose all of explain why. said: that because of this experiment. There I have a quote from Pat Thompson, a I have unfortunately made the decision to are people today who are struggling to tax partner at Piccerelli, Gilstein & quit offering coverage as soon as the em- make it just as it is, and they are going Company, in Providence, and chair of ployer mandate kicks in, as the penalty, to lose their hours. They are going to the American Institute for Certified while huge, is less than the costs of offering get forced from full-time work to part- Public Accountants, who said: the required coverage to all of our employ- time work. That is the real-life impact The definition of an eligible business is ees. of ObamaCare. That is the impact it is challenging because it is not based on [the What he is basically saying is that having on the working class and on the number of] employees, but on full-time there are employees today in his busi- equivalents. For companies with a lot of middle class. ness in Louisiana who have health in- How can we go forward with this? We part-timers . . . that is not very transparent. surance, who are happy with their He went on to say that the way to de- have a chance to stop this. It may be health insurance, but because of our last best chance, and it comes in cide whether you are qualified for this ObamaCare they are going to lose that tax credit is so complicated that most September when we have to pass a health insurance. short-term budget in this Chamber. If small companies can’t figure it out. In One of the promises made to the fact, the companies that benefit the we vote for a budget that funds this, American people was, if you are happy this is going to move forward and hurt most from the tax credit are the ones with your health insurance, you get to that are least likely to get it because people terribly, and those who vote for keep it. I know of at least one business it are going to have to answer for that. they cannot afford to hire a profes- in Louisiana where that is not true, sional accounting firm to figure it out To my Republican colleagues I would and I promise it is not limited to just just say this: If we are not going to for them. this business. In fact, the evidence Here is another one from the Bir- draw a line in the sand on ObamaCare, keeps coming in from all over the mingham Business Journal. The man- we have no lines in the sand. If this country the impact this is going to ager at a health care consulting group, issue is not important enough for us to have. Warren Averett, LLC, said that only 20 draw a line in the sand, what issue is? Here is a quote from Texas: At Lion percent of the small businesses they This is not a political issue. This is not & Rose pubs and Golden Chick SA res- deal with even qualify for the credit. a partisan issue. taurants, 1,000-plus employees saw He said many businesses he worked Today I am giving this speech on be- with offered less than 50 percent, and their work schedules reduced to part- half of the hard-working men and bumping their coverage to meet the re- time shifts. women of this country—working class, quirement would have cost them more From the Wall Street Journal: Ken middle class, small business owners— than the credit saved them. Adams has been turning to more part- who are going to be terribly impacted These are serious problems with this time workers at his 10 Subway sand- by this law. We cannot just stand by tax credit, not to mention that the wich shops in Michigan to avoid pos- and allow it to go further. We have to General Accounting Office has already sibly incurring higher health care do everything we can to keep this from said the credit is so small that it is costs. happening to people, and in September just not enough to change the equation From the same article: Rod we will have our last best chance to do for these small businesses to use it. Carstensen, owner of 11 Del Taco res- that. What is the bottom line? The bottom taurants around Denver in Colorado, Mr. President, I suggest the absence line is that two of the things we are began in April converting his mostly of a quorum. being told are going to help small busi- full-time workforce into one comprised The PRESIDING OFFICER. The nesses with ObamaCare are not going of mostly part-time to help minimize clerk will call the roll. to. One is an exchange that is relying the health care costs. The bill clerk proceeded to call the upon there being competition among This is the real impact. roll. insurers. They are not signing up, Interestingly, I asked an administra- Mr. DURBIN. Mr. President, I ask folks. The other is this tax credit that tion official yesterday: Can you tell us unanimous consent that the order for is being deeply underutilized and it is whether anyone who has health insur- the quorum call be rescinded. so complicated and so small that most ance now and is happy with it will lose The PRESIDING OFFICER. Without small businesses will not benefit from it? objection, it is so ordered. it. The answer: I can’t answer that. Mr. DURBIN. I ask unanimous con- I say all that to my colleagues be- I don’t know if she meant she doesn’t sent to speak as in morning business. cause yesterday we heard from a real know or if she meant she can’t tell me. The PRESIDING OFFICER. Without small business owner—someone who is But I can tell my colleagues, and small objection, it is so ordered. the epitome of what it means to own a businesses will tell us, if we talk to f small business in America. His name is them, the impact this is going to have Larry Katz. He owns some restaurants is not only that people are going to IMMIGRATION called Dots Diner. Here is what he said. lose their health care coverage, they Mr. DURBIN. Mr. President, America His dream was to own his own company are going to lose their hours and get has a rich history of immigration. We so he cashed in his whole life insurance moved from full time to part time. are a nation of immigrants. There is policy, he calculated how much credit Here is something: The U.S. Chamber hardly a person in America today who card availability he had, and emptied of Commerce did a poll: 74 percent of doesn’t have an immigrant parent, his life savings. With less than $200,000, small businesses plan to deduct the grandparent, or at least someone in he opened his first diner. Within 12 costly law of ObamaCare by either fir- their lineage who came to this country months he had stopped sleeping. He ing workers, reducing hours of full- from another place. was down to less than $10,000 in sav- time staff and moving them to part I have told this story many times on ings. He considered two options: Either time or not offering any coverage at the floor: My mother was an immi- mortgage his home or declare bank- all. grant. She was brought to America at ruptcy. That is what he faced, but he This is the real-world impact of the age of 2 from Lithuania. Her son made it through, as many small busi- ObamaCare on the middle class and now stands in the Senate. That is my nesses make it through in America. working class. This is terrible for our story, that is my family’s story, but it Today he owns 6 diners, 85 employees, country. is America’s story. It can be repeated 65 of them are full-time. This is no longer a Republican or over and over and over again. Here is what he offers those employ- Democratic issue. It doesn’t matter if a We think about the Statue of Liberty ees today: paid holidays, vacation, den- person voted for Mitt Romney or and how it thrills so many people to

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The day of unalloyed wel- piano. our future. come to all peoples, the day of indiscrimi- She became such an accomplished pi- So many times this issue of immigra- nate acceptance of all races, has definitely anist that by the time she was in high tion is overlooked. It is such a critical ended. school she was accepted into the part of who we are in America. Think That was a statement made by a Juilliard School of Music and the Man- back in your own family history—one Member of Congress in 1924. You read it hattan Conservatory of Music—amaz- generation, two or three generations— today and you think to yourself, how ing for this poor Korean girl. When she to a person in a foreign land who said could anyone possibly be talking about applied and went through filling out one day, ‘‘We are going to America,’’ racial purity in the United States of the application, she came to the line who undoubtedly was questioned about America, as he did? It draws so many that said ‘‘nationally and citizenship,’’ that decision: You are going to a place terrifying parallels to a debate that and she turned to her mother and said: you have never been, to a place where happened not many years later in Eu- What do I put here? they don’t speak our language, to a rope over racial purity, but it hap- Her mom said: I don’t know. We place where they eat different kinds of pened. And it happened in the U.S. brought you here at the age of 2, and food? That will be quite a challenge. Congress. Sadly, that was not the end we never filed any papers. Well, it was. Millions of people made of hatred toward immigration in the The girl said: What are we going to that trip and came to this country fac- U.S. Congress. do? The mom said: Let’s call Senator ing that challenge, and they made us Twelve years ago I introduced a bill called the DREAM Act. The DREAM DURBIN. who we are today. So they called our office, and we In the DNA of most of us who live in Act was a response to a constituent checked on the law. The law in the America is some little chromosome case in my office. A young woman, a Korean woman in Chicago, called our United States is very clear and very that said there is a courage to move cruel. The law in the United States and a courage to come, and I think it office. She had a story to tell. She said that she had brought her daughter at said that little girl had to leave this makes us better. country for 10 years and apply to come I think immigration is one of the the age of 2 from Korea to the United back—10 years. She had been brought most important parts of America. States, to Chicago, on a visitor’s visa, here at the age of 2. She was only 17 or Thank goodness immigration continues along with her husband. They envisioned that her husband would open a 18 at the time. because it brings to our shores amazing Well, that is when I decided to intro- church. They looked forward to that people, new generations of leaders who duce the DREAM Act. The DREAM Act day, and it never happened. Her hus- found companies and worked hard so said that if you were brought here as a band continued to pray for that mir- their children and their children’s chil- child to the United States, if you com- acle for their family, but the mother dren will do better. plete high school, if you have no crimi- said: I have to go to work. The mother If that is a fact about America and nal record of any concern and you are went to work in a drycleaning estab- our history of immigration, there is prepared to either enlist in our mili- also another fact. There have always lishment in Chicago. tary or finish at least 2 years of col- If you have been to that wonderful been haters—people who hate immi- lege, we will put you on a path to be- grants. I don’t know when it started. city, you know that the majority of coming a citizen of the United States Maybe after the Mayflower landed, the drycleaning establishments are run by of America. That was the DREAM Act, folks got off and said: Please don’t send Korean families—hard-working people introduced 12 years ago, called on the us any more. But it has been part of who work 12 hours a day and do not floor many different times for passage. American history and part of American think twice about doing it. It finally passed just a few weeks ago political history and part of the Con- Well, this woman went to work, but as part of comprehensive immigration gress. she was not making much money, and reform. I was reading a book as we started to her little girl, as well as the girl’s I might tell you the end of the story debate the question of immigration re- brother and sister, grew up in deepest about this young girl. She did not qual- form entitled ‘‘Coming To America’’ by poverty. The little girl tells the story ify for any financial assistance because Roger Daniels, and it is a history of that when she went to middle school she was undocumented. Two families in immigration in America. It speaks of a and high school, she would wait until Chicago and one woman who is an Member of the House of Representa- the end of the lunch hour, when stu- amazing friend of mine named Joan tives in 1924 named Albert Johnson. He dents were throwing away the part of Harris said they would pay for her edu- was a Republican from Washington their lunch they did not eat, and she cation. She went to the Manhattan State. would dig through the wastebasket to Conservatory of Music. She excelled in When I read this book on the history find food. That is how poor they were. the piano. She played at Carnegie Hall. of immigration, I came up with some But something came along in her life She married an American jazz musi- interesting quotes. It is in 1924. Albert that made all the difference in the cian and became a citizen of the United Johnson, a Republican from Wash- world. In Chicago we have something States, and now she is working on her ington State, is chairing the House called the MERIT Music Program. A Ph.D. in music. She just sent me her Committee on Immigration. This is woman decided 10 or 15 years ago to tape for her Ph.D., and she is amazing. what he said: leave some money, and she said: Use Tereza Lee is her name. She is the Today, instead of a well-knit homogeneous this money to provide musical instru- first DREAMer, and it is because of her citizenry, we have a body politic made up of ments to children, poor children in that I come to the floor today. You see, all and every diverse element. Today, in- public schools, as well as the lessons just yesterday it was disclosed that a stead of a nation descended from generations they need so they can play the instru- Member of the House of Representa- of free men bred to a knowledge of the prin- ments. The MERIT Music Program is tives, Congressman STEVEN KING of ciples and practice of self-government, of lib- an amazing success. One hundred per- erty under law, we have a heterogeneous Iowa, spoke to the issue of the population no small proportion of which is cent of the students who are enrolled DREAMers. I do not know how many sprung from races that, throughout the cen- in that MERIT Music Program go to DREAMers—students who would qual- turies, have known no liberty at all. . . . college—100 percent. ify for the DREAM Act—Congressman Congressman Johnson said: Well, this little girl, this Korean im- KING has met. I have met hundreds of Our capacity to maintain our cherished in- migrant girl, was brought into the pro- them. They are amazing, incredible, stitutions stands diluted by a stream of alien gram and introduced at the age of 12 to living their entire lives in the United blood with all its inherited misconceptions a piano for the first time. She fell in States undocumented, fearing deporta- respecting the relationships of the governing love with the piano, and she started tion any minute of any day, wondering

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You are not part of this Mr. President, if you are going to be would say: Senator, we are DREAMers. country. part of this political business, you bet- We are counting on you to give us a They are completely conflicted and ter have a pretty tough spine and a chance. Over the years, these young worried and uncertain about their fu- pretty hard shell because people throw people who waited to greet me in the ture, and they are nothing short of criticism around all the time, and if darkness when no one was around have amazing. These young people have done you cannot take it, this ain’t beanbag, now stepped up. They are identifying things with their lives that are just in- do something else. who they are so America knows what is credible. They are the valedictorians of But I deeply resent what was said by at stake. their classes in many cases. They have Congressman KING about these When you meet the DREAMers, you gone on to college and paid for it out of DREAMers. It is totally unfair. It is will realize how awful and wrong these their pocket in many cases. mean, and it is hateful. Do not take my statements by Congressman KING are. I have come to the floor on 54 dif- word for it; take the words of the Re- There will always be critics of immi- ferent occasions with colored photos of publican leaders who responded to Mr. gration in America. It is part of our na- these DREAMers from all over the KING. tional tradition. But I do believe the United States, when they gave us the House Speaker JOHN BOEHNER, com- vast majority of Americans are fair permission to disclose their identities, menting on Congressman KING’s com- people. They are people who believe in and told their stories. And every time ments, called them ‘‘wrong’’ and ‘‘hate- justice. They do not believe that a I have told that story about that ful.’’ That is from Speaker BOEHNER. child—that a child—should be held re- DREAMer, someone has stopped me in House majority leader ERIC CANTOR, sponsible for any wrongdoing by their the hall and said: That is an amazing Republican of Virginia, said they were parent. If their parent brought them to story about this young person who just ‘‘inexcusable.’’ the United States as a baby, they had wants to be part of the United States During a House Judiciary Committee no voice in that decision. Why should and its future. subcommittee hearing Tuesday, Rep- they be penalized for that decision? So it was troubling yesterday to pick resentative JOSEPH GARCIA, Democrat They should be given their own chance up and read the quote from STEVEN of Florida, described KING’s words as to become part of this Nation’s future. KING, who is a Congressman from Iowa. ‘‘beneath the dignity of this body.’’ I will close by saying that maybe Mr. KING is no newcomer when it Representative RAUL LABRADOR, Re- Tereza Lee was not the first DREAMer comes to criticizing immigration. He publican of Idaho, who has been heav- in my life. My mother was brought introduced a bill 3 or 4 weeks ago in ily involved in immigration reform, ex- here at the age of 2 and certainly did the House of Representatives that pressed hope Wednesday that KING re- not have much of a voice in the deci- would have removed all of the Federal gretted his remarks. ‘‘There’s nobody sion to come to America. But thank funds that are being used now to spare in the conference who would say such a goodness her mother and father decided these DREAMers in the United States thing and I hope that he, if he thought to make that trip and that my grand- from deportation. In other words, the about it, he wouldn’t say such a thing parents located in Illinois and gave me President has issued an Executive again,’’ LABRADOR said. a chance to grow up in a great place order so the young people who are eli- It is heartening to know that Mem- with a great family. That is my story, gible for the DREAM Act can stay. He bers of Congressman KING’s own polit- and that is America’s story. wanted to remove all the funds so they ical party—Republicans—have stated Mr. President, I yield the floor. would have to be deported imme- unequivocally how awful his statement The PRESIDING OFFICER. The Sen- diately. He called that for a vote. It was. It troubles me and it is heart- ator from Alabama. passed in the U.S. House of Representa- breaking to think that these DREAM- Mr. SESSIONS. Mr. President, Sen- tives just a few weeks ago, overwhelm- ers—these young people who are simply ator DURBIN is such an eloquent cham- ingly supported by his Republican side asking for a chance to be part of the pion for righting injustice, and I am al- of the aisle. So STEVEN KING has a United States—would be characterized ways impressed with him, and I do record of opposing immigration and as dope smugglers and drug smugglers. agree that the American people are doing it in a very forceful way. Obviously, Congressman KING has good and decent people. They want the But they found a quote he had made, never read the DREAM Act because if right thing. They want the right thing a statement he had made on the issue you have ever been convicted of a on immigration. Part of that is a law- of DREAMers, and that is why I come crime, you cannot be approved through ful system of immigration that serves to the floor today. the DREAM Act for citizenship—not a the national interests of our country. In an interview with Radio Iowa, Mr. serious crime. That is part of the law. We disagree on how to get there some- KING said yesterday, as reported in the He should know better, but I am not times, but you cannot dispute the pas- Washington Post: sure that he cares. sion of Senator DURBIN. ‘‘It seems as though I have a few critics I am glad Members of his own party f out there, but those who have been advo- have stepped up and branded these cating for the DREAM Act have been trying comments for what they are. What I THE ECONOMY to make it about valedictorians,’’ King said have to say to him is, take a moment Mr. SESSIONS. Mr. President, I want in an interview with Radio Iowa. ‘‘I don’t disagree that there are DREAMers that are away from the media, meet some of to share some thoughts about the valedictorians, but it also would legalize these DREAMers, and hear their sto- President’s tour today and the last those that are smuggling drugs into the ries. Hear what they have been couple of days talking about jobs. United States.’’ through, and hear about what they Well, I have to say, first and fore- In his original comments, Congress- want to do with their lives for the fu- most, this country is not doing well man KING of Iowa said, ‘‘For everyone ture of the United States of America. economically. It is just not. who’s a valedictorian, there’s another To the DREAMers themselves, this is You hear the stock market is up, and 100 out there who weigh 130 pounds— not the first criticism they have run people try to translate that into sub- and they’ve got calves the size of can- into. They have taken a lot. They are stantial progress in the economy. But taloupes because they’re hauling 75 courageous young men and women. it is just not there, particularly with pounds of marijuana across the When I started this trek, this 12-year jobs. The fourth quarter of last year, desert.’’ trek on the DREAM Act, I used to give our GDP growth was .4 percent. By the In his interview Tuesday evening, [Con- speeches in Chicago about the bill, and time the first half of this year congressman King] doubled down on those com- there would be audiences full of His- cludes, we are not going to have 2 per- ments— panics usually. Nothing much would be cent growth over that period.

VerDate Mar 15 2010 04:44 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.058 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5953 You are not going to create jobs un- cember of 2007. Americans are working trade. We can do a better job of that. less you have economic growth. We are 5 billion less hours than in 2007. Think There are a lot of things we can do that not seeing it. Wages are down. Wages about that—5 billion less hours than in do not revolve around taxing more, have declined since 1999 for working 2007. borrowing more, and spending more. Americans by virtually any calcula- Some say: Well, our immigration That is what the policies are here. tion. Wages have been declining. Un- plan—my colleague recalled my atten- We have a bill on the floor right now employment is up. The number of peo- tion to it—is somehow going to fix that busts the budget wide open. We ple working today is 2.1 million fewer that. We will bring in more workers, agreed to these limits 2 years ago. Sen- than in 2007. We have 2.1 million fewer and everyone is going to get pay raises, ator SHELBY, the ranking Republican people working today than in 2007. and unemployment is going to be re- on the Budget Committee, stood firm This is the slowest economic recov- duced. for the agreement levels we agreed to. ery since the Great Depression, there is But that is not what the Congres- It was not easy, but we agreed to it. no doubt about that. But we have done sional Budget Office told us. Oh, no, the majority has to spend more all kinds of extraordinary things. We At a time when we are struggling to than the amount that currently is lim- had the biggest stimulus—all bor- find jobs for American workers, many ited by law. rowed—spent. They are going to stimu- of the unemployed are immigrants to So I guess what I would say is that late the economy and create growth. the country, African Americans, poor President Obama is correct to at least Has it produced real growth or is it people struggling to get by, and you talk about this issue, but we need to do just a sugar high, as one of the Wall continue to bring in a larger flow of more than talk. About all we are hear- Street gurus referred to it? It appears labor than the country can absorb. As ing when the President talks is plans quite clear that it is a sugar-type high. Mr. Peter Kirsanow from the U.S. Com- to invest more, to spend more, to tax We have more and more plans from mission on Civil Rights said, we do not more, and to borrow more. That will our leadership here in the Senate. It is have a shortage of workers in America, not change the debt course of America. basically tax and spend. The American we have an excess of workers in Amer- We need real policies to put us on a people are hurting. Their wages are ica. We have more workers than we path to prosperity that protects the falling and so forth. They have unem- have jobs. American worker from unfair foreign ployment problems. So we promise to The fastest growing type of work competition, from excessive labor tax more and we are going to spread today is part-time employment. Over brought into the country, and from too more money around and borrow more. 320,000 part-time jobs were created last high energy costs. There are a lot of And this is somehow going to put us on month compared to 95,000 full-time other things we can do that would pro- a sound path to prosperity, job growth, jobs. They are counting these part- mote prosperity in the country. I yield the floor. and wage increases, which is what we time employment jobs as employment. Well it is better than nothing, I sup- The PRESIDING OFFICER (Mr. need. Please note these facts. MARKEY). The Senator from Alabama. I do not mind the President talking pose. We are having a surge of part- about the issue. I know he is using the time employment, driven in large f words ‘‘middle class.’’ Well, he should. measure by the President’s health care THE ECONOMY Middle-class working Americans, policies. It just is. Everybody knows Mr. SHELBY. Mr. President, as we struggling Americans—someone needs that. all know, we have a jobs crisis in to be thinking about them. But you New unemployment claims, which America. High unemployment and also have to have policies. A speech is came out this week, are up. In other weak economic growth have festered not a policy. A speech is not tangible, words, the number of people who are for nearly 5 years. American families something that creates growth, jobs, filing for unemployment insurance has are increasingly dependent upon gov- prosperity, and increased wages. GDP gone up, I hate to say. There were 7,000 ernment, and businesses are being suf- growth last quarter was only 1.8 per- more in July, to 343,000. focated by it all over this country. cent and has averaged at or under 2 The average net worth of American I believe our ability to emerge from percent since the end of the recession households is down. Someone said re- this jobs crisis stronger than before de- in 2009. cently that net worth was back to pends upon government performing its There is a major corporation, a nearly what it was prior to the reces- proper role in the economy. In my CEO—which is common throughout the sion. That was something we heard view, that role is to establish the con- business—he just said quite frankly: based on, I guess, the stock market pri- ditions for job creation and economic We are not hiring anybody if the GDP marily. But another analysis looked at growth in the private sector. Through growth in America is not over 3 per- it and said: Well, what about the share stable fiscal policy, a simplified tax cent. of the debt of Americans? That has in- code, and streamlined regulation, the Well, we haven’t had 3 percent creased dramatically since 2007. Once government can create an economic growth—hardly had it—since 2009. He you calculate the debt all of us owe as environment conducive to risk-taking actually is not filling vacancies still American citizens to the total debt of and innovation that leads to real job even though we are having modest America, household net worth is 60 per- creation in this country. Unfortu- growth and people possibly are trying cent lower than it was in 2007. nately, the same toxic combination of to oversell that. It is time for this Nation to begin a government overreach and inaction I am just saying that the economy is serious discussion about what it is that which has failed to produce a jobs re- struggling. It is not growing rapidly is causing our economy to slide and covery in this country thus far also enough to create jobs. We have record what we can do realistically to create threatens to prolong the jobs crisis, I unemployment. jobs, increase growth, get higher believe, for years to come. The Wall Street Journal panel of eco- wages, and so forth. One of the things We learned in the last few days that nomic experts expects slow growth for we should not do is bring in more labor President Obama is planning a PR blitz the rest of this year at 2 percent or than we have jobs for. That is pretty to gloss over his failed economic agen- less. They have revised their forecast simple to me. One of the things we da. Over a series of speeches he will down. The President and Congressional should do is try to bring down the cost give around the country, he said he Budget Office a year or so ago were of energy, not increase the cost of en- will discuss his vision for the future. predicting higher numbers than this. ergy. One of the things we should do is But he will offer nothing new. Accord- They are not coming in. Now they are eliminate the unnecessary regulations ing to the New York Times, his jobs revising downward what they expect that drive up costs and produce noth- plan is ‘‘largely repackaging economic the economy to do in the second half of ing but a burden in exchange. We need proposals that the President has of- the year. a tax system that favors growth. We fered for years.’’ We need a fresh free We need more than a speech, in my need to defend on the world stage the market approach to job creation. Stale opinion. After 6 years since the begin- legitimate interests of America and Obama policy leftovers will not cut it. ning of the recession, we still have not our working people. We have not effec- They are not new ideas. It is not a new created as many jobs as existed in De- tively fought back against unfair beginning.

VerDate Mar 15 2010 03:04 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.060 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5954 CONGRESSIONAL RECORD — SENATE July 25, 2013 I will preface my remarks here on the lion stimulus package through Con- cent of all income taxes. Think about fiscal, tax, regulatory, and monetary gress. He promised the American peo- it. The top 10 percent of all taxpayers, policy challenges we face in this coun- ple it would keep the unemployment those making $116,000 or more, paid 70 try with a more detailed description of rate from rising above 8 percent. In- percent of all income taxes. the current macro-economic condi- stead, the unemployment rate hit 10 The top 25 percent of taxpayers, tions, starting with job numbers. percent in October of 2009 and remained those making $69,000 or more, pay 87 The official unemployment rate in above 8 percent for the next 43 consecu- percent of all income taxes. the United States is 7.6 percent. That tive months, according to the Bureau The top 50 percent of taxpayers, makes 54 straight months of unemploy- of Labor Statistics. those making $34,000 or more, pay 97 ment above 71⁄2 percent. However, as But President Obama’s spending percent of all income taxes. grim as those figures are, they do not binge was just getting started. Accord- Meanwhile, the other 50 percent, tell the full story. The Bureau of Labor ing to the Congressional Budget Office, those making $34,000 or less, pay 2.36 Statistics reports that the real unem- the congressional budget deficit in 2009 percent, a little over, not quite 2.5 per- ployment rate in this country—known was $1.413 trillion. In 2010, an addi- cent of all income taxes. In addition, approximately half of U.S. households as U6—is 14.3 percent unemployment. tional $1.294 trillion. In 2011 it was an- pay no income tax. U6 includes those who are unemployed, other $1.3 trillion, and in 2012 $1.087 Despite these imbalances, President those who want to work but have trillion—not billion, trillion. Although Obama increased taxes on the wealthi- stopped searching for a job, and those the 2013 deficit we are in now is pro- est Americans by $617 billion in Janu- working part time because they cannot jected to get below $1 trillion, it will ary of this year. Still, a Heritage Foun- find full-time work. Some 22.6 million still be $183 billion higher than any dation analysis of Treasury Depart- Americans fall under this category I pre-Obama deficit. ment data finds that President have just described. That is the real Looking at the big picture, the na- Obama’s fiscal year 2014 budget con- unemployment. That is sad. tional public debt now stands at just tains an additional $1.1 trillion in pro- The real unemployment rate was 14.2 under $17 trillion, an increase of nearly posed tax increases. This is a tax-and- percent when President Obama took of- 60 percent under President Obama. spend administration. fice in January of 2009. It peaked at 17.1 What has been the result of this The size and complexity of the Tax percent in late 2009 and early 2010 but spending spree? Taxpayers got more Code adds to the tax burden on the has not fallen below 13.8 percent during debt, but job seekers didn’t get more economy. The code contains 55,600 his time in office. By all measures this work. pages, I am told. Taking into account has been a jobless Presidency thus far. Compounding our fiscal difficulties, all explanatory materials and IRS rul- Digging further into the numbers re- Social Security and Medicare remain ings, the CCH-Standard Federal Tax veals more troubling trends. The num- on an unstable long-term footing. Reporter comprises 70,000 pages. Even ber of people working part time be- These programs alone already account the instructions for the easiest tax cause their hours were cut back or be- for 38 percent of Federal spending. But form, the 1040EZ, run 46 pages. cause they cannot find full-time work over the next 25 years, the Congres- The total cost of complying with the increased by 322,000 people last month sional Budget Office projects their individual and corporate tax require- to 8.2 million people in this country. share—that is Social Security and ment in this country was $168 billion The percentage of the unemployed who Medicare—of GDP to increase by 40 last year. According to the IRS Tax- have been without work for 27 weeks or percent. payer Advocate Service, there has been more also remains dangerously high at According to the trustees of the So- approximately 4,680 changes to the Tax 36.7 percent. cial Security and Medicare trust funds, Code since 2001. An analysis by the Hamilton Project Medicare is expected to run out of The Tax Code is filled with various in February of this year found that we money in 13 years, and Social Security credits, deductions, and corporate wel- will not get back to full employment will go broke by 2033. Saving these es- fare. Analysis by the Joint Committee for another 10 years based on recent sential programs requires Presidential on Taxation finds that these so-called job-creation numbers. Meanwhile, eco- leadership. Unfortunately, there has tax expenditures total $1.3 trillion. We nomic growth remains sluggish. been none to speak of. President could drastically simplify the Tax Code The most recent figures from the Bu- Obama’s spending binges have precip- and lower individuals’ rates by elimi- reau of Economic Analysis indicate itated multiple budget showdowns and, nating these provisions alone. that the U.S. real gross domestic prod- as a result, they have also presented Unfortunately, President Obama’s uct, GDP, grew at a tepid 1.8-percent many opportunities for spending and approach to taxes is the same as his approach to spending: more, more, annual rate in the first quarter of entitlement reform. more—but no structural reforms that 2013—this year. But President Obama has not risen to would help us establish the conditions Average annual real GDP growth was the occasion yet, despite broad con- for job creation and economic growth just 0.8 percent over President Obama’s sensus that we must take action to in this country, which we desperately first term in office, the full 4 years. save Social Security and Medicare. need. We are experiencing the weakest eco- President Obama used the power of his Overregulation of the economy fur- nomic recovery since the Great Depres- office to campaign pre- and post- ther deteriorates the conditions nec- sion. As a consequence, government de- election for one thing, tax increases. essary for job creation and economic pendency in this country is on the rise. Tax increases are not the solution to growth. The aggregate regulatory bur- Under President Obama, the number of a spending problem. Tax hikes do not den on American families and busi- Americans on food stamps has in- create jobs. Tax hikes will not generate nesses is staggering. creased by 47 percent to 47 million peo- growth. Tax hikes kill jobs and allow A study by the Competitive Enter- ple; 8.9 million Americans collect dis- President Obama to spend more and for prise Institute estimates that total ability pay, and that number is in- Congress and the President to borrow costs for Americans to comply with creasing by 70,000 people a month, un- more. I believe what we need in this Federal regulations reached $1.806 tril- heard of in the past. country is structural tax reform, not lion in 2012. This translates to nearly These are alarming figures. How did tax increases. $15,000 annually per family or 23 per- we get there? I will explain. According to the most recent data cent of average household income. Overspending. The current job crisis, from the Internal Revenue Service, the According to the American Action I believe, is a product of the 2008 finan- top 1 percent of taxpayers, those mak- Forum, the Federal Government so far cial meltdown we all went through. No ing $369,000 or more, pay 37.38 percent this year alone has published regula- one denies that President Obama was of all income taxes. I wish to say it tions that will result in $61 billion in dealt a tough hand coming into office. again. According to the IRS, 1 percent compliance costs and 80 million hours He was. But the question is, What did of the taxpayers paid 37 percent of all of paperwork. he do about it? income taxes. Despite the failure of the stimulus President Obama’s first act in office, The top 5 percent of taxpayers, those package, President Obama put the un- if you will recall, was to ram a $787 bil- making $161,000 or more, paid 59 per- employed on hold for more than a year

VerDate Mar 15 2010 03:04 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.061 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5955 while he forced government-run health perform a rigorous cost-benefit anal- of nontraditional monetary policy to care through Congress. He promised his ysis of new Dodd-Frank regulations. prop up markets since the financial plan would reduce health insurance Under the legislation, a regulation dies meltdown of 2008. The implied message premiums by $2,500. Instead, premiums if its costs exceed its benefits to the is striking: The Fed is taking big risks have already increased by that economy. through monetary policy because ad- amount, according to the Kaiser Fam- Unfortunately, the Democratic ma- ministration policy is not helping the ily Foundation employee health bene- jority in the Senate has not brought up economy. fits survey. A recent Wall Street Jour- this legislation for consideration. The Federal Reserve’s balance sheet nal analysis finds that premiums could Some observers have subscribed to the quantifies just how big a risk Chair- double or even triple for healthy con- cynical view that the legislation is man Bernanke feels he must take with sumers, even under ObamaCare. nothing more than an effort to under- so-called monetary stimulus. It cur- All together, ObamaCare is 2,400 cut financial reform. rently stands—the Fed balance sheet— pages long and creates 159 new boards, I am the only current Member of the at $3.5 trillion, and continues to grow commissions, and government offices. Senate who voted against both finan- at $85 billion a month under the Fed’s According to the Congressional Budget cial deregulation in 1999 and the Wall so-called quantitative easing program. Office, the 10-year spending estimate Street bailout in 2008. I subscribe to Among the assets included in the Fed’s for ObamaCare is $1.88 trillion. Anal- the view that regulations should pro- balance sheet are $2 trillion in U.S. ysis by the Joint Committee on Tax- tect taxpayers without harming job Treasury securities and $1.2 trillion in ation shows that the law creates or creators. Federal agency mortgage-backed secu- raises 21 taxes totaling $1.1 trillion President Obama’s regulatory zeal rities. over the next 10 years. finds an outlet now in a war on coal in To put the acceleration of the Fed’s The impact of ObamaCare on hiring this country. Aware that it does not balance sheet into perspective, it took is not surprising. According to the U.S. have the votes to jam his carbon tax 95 years from the Fed’s creation 100 Chamber of Commerce Q2 2013 Small agenda through Congress, he now will years ago—1913—to reach $1 trillion. Business Survey, 71 percent of small direct the Environmental Protection The Fed then added the second trillion businesses say the health care law Agency to implement it by way of reg- in just 6 weeks, followed by the third makes it harder to hire people. ulation. We all know his environ- trillion this past January. Under the The same survey finds that one-half mentalist crusade will kill jobs. current quantitative easing program, An analysis by the Heritage Founda- of small businesses say they will either the Fed’s balance sheet will reach $4 tion estimates that drastically reduc- cut hours, reduce full-time employees, trillion in less than 6 months. Where ing the percentage of coal in our Na- or replace full-time employees with does it end—$5 trillion, $6 trillion, $10 tion’s energy portfolio would, by 2030, part-time workers to avoid the man- trillion? kill more than 500,000 jobs and increase As with fiscal policy, we are in un- date. In addition, Gallup finds that 41 electricity prices by 20 percent. charted monetary policy waters. The percent of small business owners say In contrast, a Wood Mackenzie study Fed’s unprecedented measures carry they have held off on hiring new em- estimates 1.4 million American jobs substantial risk and uncertainty to ployees in response to ObamaCare. could be created if the government every man, woman, and child in this I welcome recent news that the adopted policies encouraging U.S. en- country. Should inflation increase, and Obama administration will tempo- ergy exploration and production. it will, the Fed would have to tighten rarily delay the employer mandate. I believe the Obama environmental monetary policy to contain it. How- But in light of the evidence that agenda will do more to put family ever, should the Fed tighten monetary ObamaCare is increasing health insur- budgets in the red than it will to make policy, it risks stalling an already ance costs and making it harder for the the world green. weak economy here. As deep as our unemployed to find jobs, we should Instead of waging a war on coal jobs, fundamental economic challenges al- delay the whole law permanently for I believe President Obama should ap- ready are, the thought that one wrong everyone. We should repeal it. prove and expedite the Keystone Pipe- monetary policy move by the Fed could Congress should start over and craft line. This would create tens of thou- cripple our entire economy is deeply legislation that will actually lower sands of jobs and decrease energy bills troubling. health care costs and preserve high- for families and businesses. This is the In conclusion, I think we face a seri- quality care without crushing busi- type of clear-headed energy policy we ous confluence of economic challenges nesses with unnecessary regulations. should be pursuing in this country. in this country. It is obvious to me President Obama’s expansion of gov- In light of the existing and increas- that President Obama’s policies have ernment did not end with ObamaCare. ing regulatory burden, it is not sur- not worked and they will not create In 2010, he forced through Congress his prising the Federal Reserve estimates work or jobs. Real job creation is a re- purported response to the financial that manufacturers, domestic pro- sult of entrepreneurship and innova- meltdown, the Dodd-Frank legislation. ducers, and other nonfinancial Amer- tion and risk in the free market. I be- We were told that the financial regu- ican companies are sitting on a record lieve the government’s role is to estab- latory system needed to be streamlined $1.78 trillion stockpile of cash. Why? If lish conditions for that to occur. We to prevent future bailouts, and that is we are to create the conditions for real can do this by stabilizing our Nation’s true. Instead, Dodd-Frank created job creation in this country, we must finances, simplifying our Tax Code, and more government agencies than it start by streamlining the regulatory streamlining our regulatory frame- eliminated. Moreover, the law totals burden on the economy. The rules, re- work. 2,300 pages and calls for 400 new rules. strictions, and mandates facing those The more President Obama and this A study by scholars at the Mercatus who wish to undertake an entrepre- administration cling to the tired lib- Center at George Mason University es- neurial endeavor or expand their busi- eral ideology that more government is timates that Dodd-Frank had already ness through investment and innova- always the answer, the longer this job generated 2,109 restrictions in the Code tion is mind-numbing. crisis will persist. America deserves of Federal Regulations by the end of MONETARY POLICY better. 2011, and there is more to come. I would also like to talk a few min- I yield the floor, and I suggest the ab- At this rate, they project a 26-per- utes on monetary policy—very dry, sence of a quorum. cent increase in restrictions in rel- complicated, but very important to all The PRESIDING OFFICER. The evant sections of the code once all of us. clerk will call the roll. Dodd-Frank rulemakings are finalized On July 17, Federal Reserve Chair- The assistant legislative clerk pro- in the future. Dodd-Frank will create man Ben Bernanke told members of the ceeded to call the roll. jobs only for regulatory compliance of- House Financial Services Committee Mr. HARKIN. Mr. President, I ask ficers, not for people working every ‘‘if we were to tighten policy, the econ- unanimous consent that the order for day in the United States. omy would tank.’’ the quorum call be rescinded. Earlier this year I introduced legisla- What does he mean? He was referring The PRESIDING OFFICER. Without tion that would require regulators to to the Federal Reserve’s aggressive use objection, it is so ordered.

VerDate Mar 15 2010 03:04 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.062 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5956 CONGRESSIONAL RECORD — SENATE July 25, 2013 AMERICANS WITH DISABILITIES was no lift, not being able to attend a This is a failure of vision on the part of ACT concert or a ballgame or a movie with many State leaders. Mr. HARKIN. Mr. President, tomor- your family or your friends or loved So how can we correct this injustice? row we celebrate the 23rd anniversary ones because there was no accessible Well, we need to clarify that under the of the signing of the Americans With seating, not even being able to cross ADA, every individual who is eligible Disabilities Act, the ADA. This land- the street in a wheelchair because for long-term services and supports has mark civil rights legislation will al- there were no curb cuts. In short, being a federally protected right to a real ways be the highlight of my almost 40 disabled in America before the ADA choice—their choice—in where they re- years here in the Congress. meant not being able to work or par- ceive these services and supports, The Americans With Disabilities Act ticipate in community life. Discrimina- whether in an institution or in a com- is one of the landmark civil rights laws tion was both commonplace and ac- munity. of the 20th century; as someone once cepted. What that also means is, at long last, said, a long overdue emancipation Since then, we have seen amazing Congress needs to end the institutional proclamation for people with disabil- progress. The ADA literally trans- bias in the Medicaid system. Right ities. The ADA has played a huge role formed the American landscape by re- now, under Medicaid, States are rein making our country more accessible, quiring architectural and communica- quired to pay for long-term services in raising expectations of people with tions barriers be removed and replaced and supports if you are in a nursing disabilities about what they can with accessible features such as ramps, home. But if you want to receive those achieve at work and in life, and inspir- lifts, curb cuts, widened doorways, supports and services in an integrated ing the world to view disability issues and—for anyone who is watching this community-based setting, Medicaid through the lenses of equality and op- on C–SPAN and put on the mute but- has the option of covering you. That is portunity. ton—you get closed captioning for the the institutional bias that exists in In these times, it is valuable to re- deaf and hard of hearing. Medicaid: They have to pay for you if member passage of the original Ameri- More importantly, the ADA gave mil- you are in a nursing home, and they cans With Disabilities Act was a lions of Americans the opportunity to don’t have to pay for supports and serv- robustly bipartisan effort. As the chief participate in their communities. We ices if you are in a community or inte- sponsor of the ADA here in the Senate, have made substantial progress in ad- grated setting. As long as it remains and as the chair of the Disability Pol- vancing the four goals of the ADA: that way, the deck will continue to be icy Subcommittee at that time, I equality of opportunity, full participa- stacked in favor of costly institutional worked very closely with both Repub- tion, independent living, and economic settings. We know from our investiga- licans and Democrats. At that time self-sufficiency—the four pillars of the tions that home-based, community- Senator Robert Dole was the minority ADA. based integrated settings with support leader of the Senate, and we received But I stand here today to remind my services for people with disabilities is invaluable support from President colleagues that we have not yet kept more cost effective than putting people George Herbert Walker Bush. Key the promise we made 23 years ago with in an institution or a nursing home— members of his administration, such as strong bipartisan support. We still not to mention the quality of life, and White House Counsel Boyden Gray, have too many Americans with disabil- the fact that so many people with dis- worked so hard on this, as did Attorney ities living in poverty, oftentimes in abilities want to be in an integrated General Dick Thornburgh, who was isolation and without control over the community setting and do not want to magnificent in his support for the supports and services in their lives. be housed in a nursing home. Americans With Disabilities Act. For example, last week in my role as In my remaining 17 months that I Transportation Secretary Sam Skinner the chair of the Senate Committee on have as a Senator here in the Senate, I and other Members of Congress also Health, Education, Labor, and Pen- plan to hold hearings and introduce played critical roles in passing the sions, we concluded an investigation legislation that will accelerate the rate ADA. and issued a final report on the state of at which States move their long-term First and foremost among those, I the implementation of the part of the services and supports in the direction would have to say, was Senator Ted ADA that provides for people to be able of home and community-based set- Kennedy, who was chair of the full to live and receive services in inte- tings. committee at the time and who al- grated settings, and prohibits people Another area where our work is in- lowed me to take the bill through as from being unnecessarily separated and complete is making sure people with the chair of the Disability Policy Sub- isolated from their family and friends disabilities take their rightful place in committee. Senator ORRIN HATCH and put in institutions or other seg- the American workforce. Twenty-three played a key role at times, making regated settings. What we found is dis- years after the passage of the ADA, it sure we got the conservatives on the turbing. Twenty-three years after the is shameful that two out of every three same page. Representatives Tony Coel- 1999 Olmstead case decision by the Su- adults with a disability are not even in ho, STENY HOYER, Major Owens, Steve preme Court, we found that more than the workforce, not working. That is Bartlett, and I might also mention 200,000 working-age Americans with shameful. We may say, Well, the unem- someone who is not mentioned a lot, disabilities—many in their late teens ployment rate in America is now 8 or 9 because he was not here in the Senate and early twenties—remain trapped in percent. Think about if you are a dis- at the time we passed it, but who put nursing homes and institutions, sepa- abled adult; it is 60 percent or more in a lot of his life’s work and who was rated from their families and commu- who are unemployed. chairman of that subcommittee before nities against their wishes—despite the Next week in the HELP Committee, I took it over, Senator Lowell Weicker 1999 Supreme Court decision in we will mark up the Workforce Invest- from Connecticut. As a matter of fact, Olmstead v. LC that people with dis- ment Act, a critical law that has not he was the first sponsor of a com- abilities have the right to be inte- been reauthorized since 1998. The work- prehensive disability policy bill here in grated in the community. force has changed a lot since 1998, and the Senate. So he became a great sup- Our committee investigators found a lot of the ADA generation have come porter, a great personal friend of mine that only 12 States devote more than of age during that period of time. So in through all these years, and Lowell half of their Medicaid long-term care the bipartisan draft Senators Alex- Weicker deserves a lot of credit for ac- dollars to home and community-based ander, Murray, Isakson, and I filed tually getting us focused on the issue services. The number of working-age with the committee yesterday, we in- of a comprehensive civil rights bill ad- adults in nursing homes has actually clude provisions that will improve how dressing the issue of disability. increased by more than 30,000 over the the vocational rehabilitation system Before the ADA, life was very dif- last 5 years. It is shameful. partners with schools to deliver serv- ferent for folks with disabilities in Unfortunately, many States continue ices that will result in more young peo- Iowa and across the country. Being an to approach community living for people doing internships, part-time jobs, American with a disability meant you ple with disabilities as a social welfare in competitive settings. The aim is to couldn’t ride on a bus because there issue and not as a civil rights issue. maximize the likelihood that young

VerDate Mar 15 2010 03:04 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.064 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5957 people with disabilities will leave what laws do we have to change in to join that? We are OK. We are doing school college and career ready—people order to comply with that treaty? just fine. We are doing just fine with such as Lily Siegel, who was my intern Guess what. After about a whole year disability law in our country. We do this summer from the American Asso- of circulating through all of our De- not need to join this convention, sign ciation of People with Disabilities. partments of Justice, Labor, HHS, Ag- this treaty. They provide summer internships. riculture, and everything else, it came It seems to me that is an inherently Lily, and so many like her, have high back: We don’t have to change one law selfish way of looking at who we are expectations for themselves. They because we are the best in the world and what we are about as a nation. We want to be challenged. They want to when it comes to the civil rights pro- have provided, I think to the world, work in competitive, integrated em- tection of people with disabilities. guidance and direction on disability ployment. They don’t want to be So last year, under the guidance of issues. If we are a part of the Conven- shunted into subminimum wage jobs then-Senator John Kerry, who is now tion, we get a seat at the table. When with no future, no chance for advance- our Secretary of State, it went to the countries come and say we want to ment, no chance for challenging them- Foreign Relations Committee. They conform our laws, we want to make selves to do better and to do more and had hearings. Senator MCCAIN and I sure we meet the guidelines of the Con- to take more responsibility. We owe it were the two leadoff witnesses. We vention on the Rights of Persons with to them to do everything in our power brought that treaty to the floor of the Disabilities, this commission that is to help them transition to the kinds of Senate in December, fully expecting it set up will be there to both guide and jobs and higher education experiences would pass. Under the Constitution of direct countries but also to see wheth- that will help them build a career and the United States, it requires a two- er they are fulfilling their obligations. maximize their economic self-suffi- thirds vote to approve the treaty and If we are not a signatory to the treaty, ciency. we thought we had the votes. We we are not at the table. I can tell you from my work in this brought it on the floor. We fell 6 votes There is another reason we should area that this generation of young peo- short of the 67 votes we need. We had a sign this Convention. I just spoke to a ple who have come of age under the number of Republicans and Democrats group of people yesterday, people with umbrella of the ADA, who were born in on the bill. disabilities, and I said: There are a lot 1990 through 1995, has been integrated Why did it fail? Right before we of people in this country who use a into their schools. They weren’t seg- brought it up, former Senator Rick wheelchair. Guess what. They would regated as my brother was and sent Santorum and others began to talk like to travel overseas. They would halfway across the State to a State in- about how this was going to prevent like to go with their friends and their stitution. They have higher expecta- people from homeschooling their kids. family. But in many of these countries tions. They have had accessibility. I thought I knew the treaty. I had read they do not have curb cuts. They do not have lifts. They do not have acces- They see what society has done to it. I had looked at it. I thought, Did I sibility for people with disabilities. make sure that they can travel, they miss something? Is there something in Shouldn’t people with disabilities in can go out with their friends and their there I didn’t find? this country have the same right to family, they can go to school in inte- I went back to my staff and said, travel and enjoy foreign travel as any- grated settings, they can get jobs and, Comb through this. I got ahold of peo- body else? If we are a signatory to the under the ADA, employers have to pro- ple at the U.N. and said, What is in treaty, then we can work with those vide reasonable accommodations for there that would prevent people from countries to help change their laws, that job. They don’t deserve now to be homeschooling their kids? Nothing. change their structures. Absolutely nothing. That charge was frustrated by not having the oppor- I cannot tell you how many veterans made out of whole cloth somehow, but tunity to get that competitive inte- I have talked to, people who have come grated employment. at that time in my office calls ran 50– back from Iraq and Afghanistan dis- That is what we are doing in the 1 against adopting the treaty on that abled, and do you know what they say. Workforce Investment Act, to provide issue. So people were misinformed be- They want us to join the treaty too be- for young people in high school who cause of a few people like Mr. cause they want to travel overseas, and have disabilities, to let them know Santorum and others who decided to they feel constricted because they will they expect more of themselves, and we whip this up—for whatever reason, I not have accessibility in other coun- do too. No longer will it be acceptable don’t know. tries. for them to leave school and go into There were also a lot of comments For the life of me I cannot under- some minimum wage covered employ- made on the Senate floor by my Repub- stand why people are not supporting ment where they are warehoused for lican colleagues at that time that we this treaty. I do not get it. I just don’t the rest of their lives. They want to get shouldn’t be adopting a treaty in a get it. It is supported by the U.S. out there and show what they can do. lameduck session, even though we Chamber of Commerce. It is supported That is why we are changing the Work- pointed out that many treaties in the by every veterans group in this coun- force Investment Act, changing voc past had been adopted in lameduck ses- try. It is supported by, I think, every rehab to focus on getting these young sions. I review that history to tell my faith-based group in this country. It is people internships, job shadowing, colleagues that under now the leader- supported by everyone in the disability mentoring, so they know what their ship of Senator BOB MENENDEZ, who is community. It is supported by every abilities are and what they can expect the chair of the Senate Foreign Rela- former living President, from the two to do once they leave school. tions Committee—and I might add that Bushes to Clinton, to Carter. It has When we passed the ADA, so many the person who succeeded Senator broad-based support. You would think people came here from other coun- Kerry in his position in the Senate, the with that kind of support it would be a tries—legislators, parliamentarians— present occupant of the chair, is also no-brainer to pass it in the Senate. how can we now do this? How can we on the Senate Foreign Relations Com- We are going to bring it up again this get our laws changed? mittee—there are going to be some fall. I am hopeful we can do it. No one About 11 years ago, the United Na- more hearings. Under the leadership of worked harder on a lot of these issues tions set up a committee to look at Senator MENENDEZ, we intend to bring than Senator Bob Dole. We just had his this. Out of this came the U.N. Conven- that back to the floor this fall. We need 90th birthday party Tuesday in Stat- tion on the Rights of People With Dis- to get the 67 votes. uary Hall. It was quite an event. So we abilities, the CRPD. That treaty was People ask: Why is that so impor- fell just six votes short. I look forward sent to our President, and under our tant? It is important for the United to working with Senators MENENDEZ, system the President sends it out to all States to take leadership on this issue MCCAIN, AYOTTE, BARRASSO, DURBIN, his Departments in the executive around the globe. Over 100 nations have UDALL, and COONS to bring the treaty branch to report back, what things do already signed the treaty. They are back to the floor and get the additional they need to do to change to conform looking to us for leadership. votes needed for it to pass. to the treaty? In other words, if the I have talked to some of my col- I tell you, people with disabilities, treaty is the supreme law of the land, leagues and they say: Why do we need their family members, supporters, the

VerDate Mar 15 2010 03:04 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.065 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5958 CONGRESSIONAL RECORD — SENATE July 25, 2013 business community, the veterans com- path is the one we took back in 1986. It No one who has spent more than 5 munity, faith-based and civil rights is the path that former House Demo- minutes examining our Nation’s fi- groups are mobilizing for this. They do cratic Leader Dick Gephardt and nances seriously disputes that the not want to take another chance that former Treasury Secretary James main drivers of our current debt and this will not pass. Baker advised members of the House deficits, and the source of the coming I urge my colleagues to take the time Ways and Means Committee and the fiscal calamity, are Federal entitle- to look at the facts related to the dis- Senate Finance Committee to take. ment programs, especially our health ability treaty. It requires no changes As you will recall, they were two care entitlements, Medicare and Med- in U.S. law. It has no budget impact. critical players in the last successful icaid. As I said, when we become a party to tax reform effort. In 2011, at one of our I have a chart from the Bipartisan the Convention, we have a seat at the hearings, they advised us to not mix Policy Center that tracks the trend table with the rest of the world. We deficit reduction and tax reform. This lines on Federal spending. As the chart will be well positioned to accelerate was a joint Senate Finance and Ways shows, in the coming years, health care progress for the 1 billion people with and Means Committee hearing. To par- entitlement spending will overwhelm disabilities around the world. It is our aphrase these two former leaders: Each our Federal fiscal picture and consume chance to be that shining city on the is a hard enough task by itself, but an outsized share of our economy. That hill for the rest of the world. doing them together is nearly impos- is represented by the top blue line on I might also add this is supported by sible. That is one path we can take. the chart. the high-tech business community in The path that separates our tax reform All other categories of major Federal America because their global leader- efforts from our deficit reduction ef- spending either increase at significantly lesser rates or decline and sta- ship position on accessible products forts. and services can be used by the rest of In 2011, they both advised us not to bilize. As we can see, Social Security the world. mix deficit reduction and tax reform. kind of levels off, discretionary spend- For all those reasons, we need to pass They just basically said that each is a ing—both defense and nondefense—we have seen that go down. This is other it. Let me just close with this one last hard enough task by itself, but doing mandatory programs. As we can see, thought. Again, I am struck by the fact them together is nearly impossible. when it comes to deficit reduction, get- that these days we are surrounded, as I That is one path we can take, the path ting our debt under control, entitle- said earlier, with a new generation of that separates our tax reform efforts ment reform, that upper line, that is young adults with disabilities who from our deficit reduction efforts. going off the charts. That is where the grew up since passage of the ADA, in- The other path we can take is to con- bodies are buried. Yet if you listen to cluding a number of wounded warriors dition tax reform on the raising of ad- my friends on the other side of the back from Iraq and Afghanistan. I call ditional revenues. Sadly, that seems to aisle, the problem is not our entitle- these younger people the ADA genera- be the preferred path of many of my ment programs. The problem, they say, tion. They see disability as a natural friends on the other side of the aisle. I is that the American people simply are part of human diversity. They reject will never fully understand why, except not being taxed enough. the prejudices and stereotypes of ear- their propensity to spend. According to Of course, the actual numbers tell a lier generations. I can tell you this, many Democrats in the Senate, there different story. Over the last 40 years, they have high expectations for them- can be no deal on tax reform unless Federal revenues as a percentage of the selves. They want to be challenged and they get a second significant tax in- gross domestic product have averaged they want to challenge us to make sure crease this year. We heard just today roughly 17.9 percent. While in recent our society is open and they have the from the Senate Democratic leadership years that number has decreased due to opportunity to go as far as their tal- that they want the Senate Finance the struggling economy, tax revenues ents can take them. Committee to use the Senate budget, are at a pace to rise over the historic We cannot let these people down. If which included nearly $1 trillion in tax average and settle around 19 percent of we passed the ADA, now we have to hikes, as the model for tax reform. Es- GDP. take steps to make sure it is not just a sentially, what they are saying is that Let me repeat that. Absent any promise, but it is a promise we are unless they get a big tax hike, we have changes in tax law, revenues are set to keeping and that we will keep. to keep the tax system as it is, with all rise above historic levels relative to We in the Senate have a responsi- of its complexity, inequities, and dis- GDP, the gross domestic product. So bility to keep fighting to ensure that tortions. Right now this position is despite my friends’ claims to the con- they have an equal opportunity to be held by many on the other side of the trary, the root of our current fiscal cri- independent, fully integrated, fully aisle, and it is the biggest barrier to sis is not the lack of revenues, it is self-sufficient. That, at the heart, is fundamental tax reform. unsustainable spending. More specifi- what the Americans with Disabilities Today, I would like to take a few cally, it is entitlement spending. That Act is all about. Twenty-three years minutes to examine this position and is just health care. That doesn’t in- later, we can look at it and say, with- to discuss the merits of conditioning clude some of the others. That is why out doubt, it truly is America at its tax reform on yet another significant all serious bipartisan deficit reduction very best. tax increase. Last October, one of my discussions over the last few years I yield the floor. friends on the other side put it this have included structural reforms to our The PRESIDING OFFICER. The Sen- way: entitlement programs. ator from Utah is recognized. Tax reform 25 years ago was revenue neu- Without significant changes, pro- f tral. It did not strive to cut the debt. Today grams such as Medicaid and Medicare we cannot afford for it not to. Our national and Social Security will remain COMPREHENSIVE TAX REFORM debt today is approximately 73 percent of unsustainable. In order to strengthen Mr. HATCH. Mr. President, over the GDP. That is nearly double what it was in and preserve these programs for future last few years, I have come to the floor 1986. generations, we need to reform them. If many times to advocate for com- At first glance, this argument may we do not reform them, we face a fiscal prehensive tax reform. I share the be- appear to be reasonable. However, it disaster, and it would be a terrible dis- lief of many in Congress that tax re- falls apart under further examination. aster for all of our young people living form is a necessary step to ensuring If my friends on the other side of the today who are going to have to foot economic growth and prosperity in the aisle were serious about deficit reduc- this bill. future. This is why, as the ranking tion, they would not focus their efforts All of the major discussions seeking member of the Senate Finance Com- on tax hikes. If they wanted to get a to reach a so-called ‘‘grand bargain’’ on mittee, I have made tax reform my top handle on our Nation’s debt problems, deficit reduction have come down to a priority. they would work with Republicans to mix of different policies, but while We are now at a crossroads when it address the main drivers of our debt they have all had different approaches, comes to tax reform. Before us there and deficits, our unsustainable entitle- all of them have included structural are two alternative paths. The first ment programs. entitlement reforms.

VerDate Mar 15 2010 03:04 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.071 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5959 When I talk about deficit reduction any indication, they may very well be which is unsustainable, and yet noth- discussions, I am referring to the successful in spite of the promises they ing is being done by the majority. Bowles-Simpson plan, the Domenici- made. By the way, all of those spending re- Rivlin plan, the negotiations led by Those who argue against these cuts ductions have come in the form of cuts Vice President BIDEN, the G8 Senate do not want to merely provide flexi- to health care providers. They are cut- talks, the negotiations between Speak- bility over how the cuts will occur. ting out doctors, hospitals, and health er BOEHNER and President Obama, and They don’t want any cuts to occur even care providers, as if that is going to the so-called supercommittee. Each of though they are spending cuts relative keep them on the job. There is a high those grand bargain discussions divided to a bloated baseline that was supposed percentage of doctors who are now deficit reduction policy issues into four to be only temporarily elevated. Still, ready to retire or quit and find other categories. These categories are: No. 1, if we assume that against all odds ways of living. All of those spending re- discretionary spending; No. 2, non- these spending cuts remain in place, we ductions have come in the form of cuts health mandatory spending; No. 3, will have reduced discretionary spend- to health care providers, not structural health care entitlement programs; and, ing by $1.36 trillion relative to a base- entitlement reforms, and they know No. 4, revenue. Those have been the line of bloated spending. that is not sustainable. Just that little agreed-upon areas of focus in our def- The next highest deficit reduction bit is not sustainable. Once again, this approach is at odds icit reduction efforts. Yet, if you listen category is revenues. Revenues have with the grand-bargain efforts we have to what my friends on the other side of been increased by roughly $600 billion seen over the last few years. All of the aisle have been saying recently, over 10 years—part of the fiscal cliff those efforts—every single one of you will see that their focus is entirely deal. This includes only the revenues them—put structural entitlement re- one-dimensional. We don’t hear much generated by the fiscal cliff deal. It form on the table. Yet, to date, my col- talk anymore about addressing discre- does not include the $1 trillion of new leagues on the other side of the aisle tionary spending. We certainly don’t taxes enacted as part of ObamaCare. have been unwilling to do the same. hear much in terms of reining in enti- Unlike the promised discretionary spending cuts I cited earlier, this rev- As I said, my friends like to brag tlement spending. No, their only focus about all of the promised deficit reduc- enue number is very real and not just is on raising taxes. tion they have enacted thus far—even promises. While it may be a 10-year More precisely, their most recent ar- the deficit reduction they are actively number that can theoretically be gument has been that we have cut so trying to repeal—but they refuse to changed, history tells us that once tax much spending over the last few years even entertain a serious conversation hikes are in place, they always tend to that we are now at a point where tax about the main sources of our future hikes are the only viable deficit reduc- stay there. So of the four deficit reduction cat- debt and deficit. tion option. Now, of course, with the So where are we? The Senate Finance egories, we have already taken signifi- exception of the sequester cuts that Committee is engaged in a bipartisan cant steps with regard to promised dis- took effect this year, we have not real- effort to reform our Nation’s Tax Code cretionary spending reductions and ac- ly seen any real spending reductions as and bring some sense of sanity to our tual revenue hikes. Where are we with of yet, just promises, which future Con- Nation’s tax system. Chairman BAUCUS gresses could easily undo. the other categories? and I have asked our colleagues to as- As I said, health care entitlement Even though only a small portion of sist us in this effort by sharing their spending is the driver of future deficit the promised spending cuts has actu- views on what elements of the current and debt. No one who looks at this seri- ally taken place, my friends on the Tax Code should be preserved. I would ously disputes this. The trust funds in other side of the aisle like to claim like to thank my Republican col- they have all already happened. Still, Social Security, which are to finance leagues on the Finance Committee for let’s take a look at the record. Let’s retirement and disability payments, their input thus far. I have met with assume for a few minutes that all of are on clear paths to exhaustion, with every one of them individually on this the recently enacted deficit reduction the disability insurance trust fund issue except for one, and he is meeting is real and take a closer look at what scheduled to dry up in 2016. Yet, to with my staff. I really appreciated has been done with respect to deficit date, very little of our deficit reduc- their thoughtful comments and advice. reduction categories I referred to ear- tion attention has been focused on en- While I remain hopeful that we will lier. titlement spending. So far we have be able to move on tax reform this In the last 2 years two bills have been done absolutely nothing to deal with year, I am disheartened by comments I enacted with the purpose of major def- unsustainable Social Security prom- heard from my friends on the other icit reduction. The first was the Budget ises, and we have done nothing to ad- side of the aisle. Indeed, many of my Control Act of 2011. The second was the dress the insolvency of the retirement Democratic colleagues have stated fiscal cliff deal or the American Tax and disability trust funds. So far we that they are unwilling to engage in Relief Act of 2012. have reduced health care entitlements tax reform without assurances that it According to the Congressional Budg- by a mere $81 billion over the next 10 will have to include another massive et Office data and consultation with years. That amounts to roughly 4 per- tax increase. the Senate Budget Committee, here is cent of overall promised deficit reduc- Once again, their message to the what has been done so far: The cat- tion we have enacted. That amount is American people is that we have to egory that has been tapped the most is minuscule relative to the amount of keep the current system—which vir- discretionary spending, to the tune of scheduled spending entitlements over tually everyone in the country agrees $1.36 trillion of promised spending re- the next 10 years. is a problem—unless the Republicans ductions over 10 years. Remember, that Take a look at this chart. We can agree to higher taxes. They want to is over 10 years. Once again, these are barely see the red line on the right side hold simplicity in the Tax Code hos- almost entirely promised spending cuts of the chart. That red line stands for tage to demands for even more taxes. that have yet to be realized. If history $81 billion in entitlement cuts. If we They want to hold efficiency in the has told us anything, it is that future look at the 10-year spending—as the economy—which stimulates growth promises to reduce spending aren’t chart behind me shows—over the next and creates jobs—hostage to demands likely to be kept. They are very un- decade, we will spend roughly $22 tril- for the second tax hike of the year in likely to be kept. lion on the three major entitlement order to pay for more of their spending If you don’t believe me, look at the programs. That is trillion with a ‘‘t.’’ and more of their expansion of govern- efforts by my friends on the other side Despite cutting spending and reduc- ment even further. They want to hold of the aisle to undo even the small ing deficits over the last couple of competitiveness of our businesses at amount of spending cuts that are actu- years, we have only been able to reduce home and around the globe hostage to ally in place this year. Indeed, Demo- entitlement spending by a mere $81 bil- demands that flowthrough businesses crats in Congress have been actively lion. Look at that little red line com- face yet another tax hike—even after looking for ways to eliminate the cuts pared to the 10-year spending on Medi- having been hit already at the start of for discretionary spending. If history is care, Medicaid, and Social Security, this year.

VerDate Mar 15 2010 03:04 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.072 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5960 CONGRESSIONAL RECORD — SENATE July 25, 2013 My colleagues insist that their de- aisle—and I in particular—have seen extremely difficult financial crisis, and mands for higher taxes are all about every tax increase amount to more there are many causes for that. deficit reduction. But let’s face it. If spending, not deficit reduction, so it is There are more than 20,000 people— deficit reduction was the real goal, en- a phony argument. And that is what is retired police officers and firefighters titlement reform would also be on the going to happen if we are so dumb as to and teachers and city workers—who table. It would have to be on the table. increase taxes in accordance with the have been loyal and hard-working em- After all, that is where the money is. comments of our leadership on the ployees their entire lives, who are now That is where we have a chance to real- other side of the aisle that were made worried about how they are going to ly reduce the deficit. That is where the just today. It is unbelievable that they pay the mortgage or put food on their future of our young people is going to get away with it. It is unbelievable tables. be killed if we don’t attack that prob- that after all of these years we have to The TV cameras are rolling when it lem now and do it in an intelligent put up with that type of argument comes time to show us bad news about way. when we know they are not going to Detroit, but what aren’t we seeing? According to my friends on the other use that money for the appropriate rea- On TV, they aren’t showing us the side of the aisle, entitlement reform is sons, and they never have. city that is the No. 1 market in the not on the table. Despite the stated de- One Senator said to me the other country for tech jobs—No. 1. They sire of President Obama and a number day: I just live for the day where we re- aren’t showing a city that is one of the of congressional Democrats for a grand form the Tax Code and it is not fastest growing in the country for new bargain on deficit reduction, when the changed 4 years later by our friends on manufacturing jobs. On TV, they aren’t rubber meets the road they simply are the other side of the aisle for the showing us the city that is undergoing not willing to engage in a real discus- worse. The 1986 bill was a good bill by a massive revitalization, with busi- sion about entitlement reform. Sure, any standard. It did a lot of good, but nesses and religious leaders and com- they will talk about cuts to providers in about 4 years our friends started to munity leaders and neighborhoods and other cosmetic changes to these change it. As a result, today we have working together every day. They programs, and they will talk about the monstrosity we call the U.S. Tax aren’t showing us the Quicken Loans modifying cost-of-living adjustments Code that nobody really believes in and headquarters with 7,000 jobs in down- in Social Security if they get hundreds everybody knows is a detriment to our town Detroit; a CEO so committed to of billions of dollars of new tax revenue country. the city that he closed a beautiful in return. But at the end of the day I am very concerned. I think we are building in the suburbs to bring people structural entitlement reforms simply going to have to have some folks stand downtown; a CEO who is purchasing are not part of their deficit reduction up on the other side of the aisle. We are properties and investing in so many equation. willing to stand with them, and we are ways in Detroit, along with a wonder- Despite many claims to the contrary, willing to solve these problems in ways ful coalition of business leaders com- Republicans are willing to engage, as that will preserve the entitlement pro- mitted to the revitalization of this they have in the past, in a bipartisan grams. They are not going to be pre- great city. They aren’t showing us the grand bargain for deficit reduction. served in their current form if we keep beautiful renovation of Campus Ask Senators CRAPO, COBURN, and going the way we are. And tax in- Martius and the amazing things hap- former Senator Gregg. They voted for creases aren’t the answer either. We pening downtown on Woodward Ave- Bowles-Simpson. Oddly enough, the re- are spending so much, and it will not nue, where people can go on any day maining sitting Democratic Senator be long until we will be in a category now and see people who are there— who voted for Bowles-Simpson has with Greece if we don’t watch it. younger people, older people—enjoying walked away from the entitlement re- We have to overcome this because no the beautiful surroundings. form concessions he made and instead other entity in the world is going to They aren’t showing us the surge of has focused on calls for more revenues bail us out; we have to bail ourselves innovative companies that are break- and as a result tax reform is being held out. We have to do it by doing what is ing new ground in creating opportunity hostage. right, now, and not by increasing taxes. in Detroit. Republicans and Democrats agree on It means resolving these problems on a On TV, they aren’t showing us the the importance of tax reform. Our tax structural reform basis. It will take new Elijah McCoy Patent and Trade- system is in dire need of reform. It is, good people on both sides of the aisle mark Office—the very first and, so far, quite frankly, one of the major obsta- to do it. I call on my friends on the only satellite patent office in the coun- cles standing between us and sustained other side to get with it. Get real. Quit try that was put in Detroit. Why? Be- economic growth. Most Democrats the tax charade. cause Michigan happens to be No. 1 in claim they agree with this sentiment, We know that is not going anywhere. new, clean energy patents—new ideas but their desire for more revenues ap- We also know it is phony to begin with. on clean energy, coming from Detroit Mr. President, I suggest the absence parently trumps this belief in the need and the surrounding communities. of a quorum. for tax reform. They are not showing us TechTown and The PRESIDING OFFICER (Mr. WAR- Something has to change. As I have the venture capitalists and the 17 tech NER). The clerk will call the roll. startups that are investing in tech- said before, we have been counseled by The bill clerk proceeded to call the nologies that are being developed in some of our former leaders not to mix roll. tax reform and deficit reduction. I The PRESIDING OFFICER. The Sen- Detroit right now and that are going to think that is pretty good advice, and ator from Michigan. change our lives in the years to come. these are two of the leaders who helped Ms. STABENOW. Mr. President, I ask On TV, they aren’t showing us Michi- to put through the 1986 bill. They are unanimous consent that the order for gan’s world-class research universities both highly regarded by people on both the quorum call be rescinded. and the incredible collaboration that is sides of the aisle here in the Senate. The PRESIDING OFFICER. Without going on with Detroit businesses. Sadly, if Democrats in the Congress objection, it is so ordered. They are not showing us the rich continue on their current course, nei- depth of culture we are known for in f ther tax reform nor deficit reduction Detroit. The city that gave the world will be possible. Indeed, if they con- UNSEEN DETROIT Motown once again has an exploding tinue to condition tax reform on addi- Ms. STABENOW. Mr. President, arts and music scene. In fact, last tional tax hikes and if they continue to when people across the country flip on weekend, in beautiful Traverse City, refuse to engage in a real discussion the news tonight, they are probably MI, I was speaking to someone who about entitlement reform, very little is going to see pictures of Detroit. They lives there who said his sister is com- going to be accomplished on either aren’t going to be flattering pictures, ing back from Colorado who is an art- front. and they are not going to tell the ist; she is moving to Detroit. When he This spending game has got to be whole story. asked her why, she said Detroit is over. We have to start living within There is no question that the Detroit where everybody is going because there our means. We on this side of the city government is going through an are so many opportunities there in arts

VerDate Mar 15 2010 03:04 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.074 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5961 and culture. There are exciting things ess will be very painful and very dif- report violence, and requires prompt happening. We have the beautiful De- ficult for many people in the city— medical and mental health treatment troit Institute of Arts, one of the larg- many people who work very hard—it for victims. est and most important collections of would be a mistake to count Detroit These protections make sense, and artwork in the country. out. It would be a mistake to think that is why we made sure that the Vio- Jack White, the founder of the band, there isn’t opportunity in our great lence Against Women Reauthorization the White Stripes, stepped up and paid city of Detroit. It would be a mistake Act that was signed into law earlier off with his own money the back taxes to think Detroit isn’t coming back, be- this year made clear that these protec- owed on the Masonic Temple in De- cause if a person is going to say any- tions also apply to every immigration troit, one of the most stunning theater thing about Detroit, a person has to detention facility operated by the De- and music venues in the world. say: Times may be tough, but so are partment of Homeland Security. We Story after story such as that can be the people of Detroit. Times may be are making good progress, but more told of people coming forward and say- tough, but the leaders, the businesses, work lies ahead. ing: We are going to make sure that the educators are tough. Our people, Sexual violence in our detention fa- Detroit is coming back. our businesses, are smart and talented cilities compromises the health and On TV, they are not showing us East- and care deeply and are committed to safety of the inmates, staff, and the ern Market, the Nation’s longest con- making sure this great city called De- communities to which these prisoners tinuously operated farmers market, troit comes roaring back better than will someday return. Although im- and all the great things that are hap- ever. provements have been made in the past pening there, with new test kitchens Thank you, Mr. President. 10 years, let us pause on this anniver- and local agriculture. In fact, as chair f sary to reflect on the importance of en- of the Agriculture Committee, I was so suring that every American is safe proud to learn that we in Detroit have PRISON RAPE ELIMINATION ACT from violence, and treated with the the national leaders in urban agri- ANNIVERSARY dignity and respect they deserve. culture who are now creating jobs Mr. LEAHY. Mr. President, 10 years f working with small business to create ago this week, Congress passed a wa- REMEMBERING VIVIAN MALONE food entrepreneurs and healthy foods tershed piece of legislation. The Prison JONES for families and neighborhoods. Rape Elimination Act was the first I am so proud of the work we have comprehensive legislative effort to pre- Mr. LEAHY. Mr. President, last been able to do with the Detroit Public vent something we had long been reluc- night, the National Museum of Women Schools. Not long ago I stood at a tant to even acknowledge existed—the in the Arts hosted a screening of the school garden in a neighborhood that incidence of rape in our Federal, State, documentary entitled, Crisis: Behind a was put together by the children of the and local corrections facilities. Presidential Commitment. As we pre- school. We now have 46—46—gardens at Violence and victimization have no pare to observe the 50th Anniversary of schools in Detroit, and in the summer place in our society, including in our the March on Washington, this impor- the neighborhood makes sure they can prisons, and we have an obligation to tant film focuses on four individuals help get the work done for the gardens ensure these facilities are safe. The who will forever be connected with the so the children can have fresh fruits punishment of incarceration does not, battle for racial equality and the pur- and vegetables when they come back to and cannot, include a sentence of rape. suit of Dr. Martin Luther King’s school. And yet we know that all too often it dream. I want to recognize one of those Last month Whole Foods opened does. A recent report by the Bureau of individuals, Vivian Malone Jones. their first grocery store in Detroit, Justice Statistics estimated that near- Ms. Malone was one of two brave Af- where they are featuring local foods ly 1 in 10 inmates in America had been rican-American students to enroll at such as Avalon baked goods and sexually assaulted in custody. the University of Alabama in 1963, de- McClure’s pickles and Good People Too often the victims of such vio- spite the threat of Alabama Governor Popcorn and Garden Fresh salsa and so lence end up being the most vulnerable George C. Wallace to stop integration many other things that are made right members of our population. Women, ra- at ‘‘the schoolhouse door.’’ The picture in the metro Detroit area. cial minorities, and those suffering of Ms. Malone walking into the Univer- We might just see a shot of the from mental illness face increased sity of Alabama, flanked by National bridge to Canada on TV, but what we rates of sexual violence while incarcer- Guard troops, is an iconic image that is will not see is the more than $1 billion ated. forever etched in our Nation’s memory. in trade that crosses that border every Children in adult jails are at the Ms. Malone grew up in the racially single day. Metro Detroit, in fact, is greatest risk of being victimized. Juve- segregated city of Mobile, AL. She was the fourth largest city in America for niles housed with adults are 35% more just 12 years old when the Supreme exports, and we have the largest, busi- likely than other inmates to be tar- Court ruled segregation unconstitu- est northern border crossing in the geted for sexual assault, and that abuse tional in Brown v. Board of Education. country. is taking a terrible toll on this already The historic decision inspired Ms. Ma- While the cameras are obsessed with vulnerable population. Youth under the lone, who as a National Honor Society showing us decay, we are seeing an age of 18 are 36 times more likely to student in high school committed her- auto industry that is roaring back. We commit suicide than if they were self to efforts ending segregation. She are seeing the Chrysler plant that the housed in a juvenile detention facility. went on to become one of the most im- New York Times called one of the most With 100,000 youth held in adult jails portant civil rights figures in our coun- modern and successful auto plants in and prisons every year, this is a prob- try’s history. the world, in Detroit. That plant em- lem we must address head on. In her lifetime, Ms. Malone personi- ploys more than 4,000 people and added The Prison Rape Elimination Act fied dignity and strength. She also a third shift at the end of last year to gives us the tools to do that. Because lived history. The day after she and build the Jeep Grand Cherokee. of this law the Department of Justice classmate James Hood were escorted Ford Motor Company reported record now collects data about the incidence into the University’s Foster Audito- North American profits in the second of sexual violence in our prisons so we rium by the National Guard and Dep- quarter and growth in every sales re- can better understand the scope of the uty Attorney General Nicholas Katzen- gion. problem. We have adopted national bach, seeking to enroll in classes, civil GM’s global sales are up, and they standards and best practices to create rights leader Medgar Evers was shot too are making record profits again, safer environments, especially when it and killed in Mississippi. This only hiring workers and investing in new comes to juvenile detention and the made Ms. Malone more determined. plants and technologies. dangers inherent in incarcerating our She once said that she ‘‘decided not to So while it is true that the city gov- youth with adult prisoners. The law show any fear and went to class that ernment is going through a terrible provides for increased training for pris- day.’’ While an undergraduate student, time and a bankruptcy, and that proc- on staff, makes it easier for inmates to she found a community of support and

VerDate Mar 15 2010 03:04 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.075 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5962 CONGRESSIONAL RECORD — SENATE July 25, 2013 friendship among fellow members of sheriff’s offices across the nation to ward 100 percent tracing of crime guns Delta Sigma Theta Sorority—the Na- trace every crime gun they recover. I nationwide. There are about 18,000 law tion’s largest predominately African- am pleased that my colleagues Sen- enforcement agencies in America, and American women’s organization. And ators FEINSTEIN, WHITEHOUSE, right now about 4,700 have signed up to in 1965, she became the first African BLUMENTHAL, LEVIN, BOXER, JACK REED use E-Trace. All of these agencies American to graduate from the Univer- and MURPHY have joined me as cospon- should sign up to use E-Trace and sity of Alabama, earning a degree in sors of this legislation. I thank them should use it every time they recover a Business Management. for their support. crime gun. Ms. Malone was not just a symbol of The issue of gun regulation is com- My bill will require law enforcement courage; she also set an example of for- plicated, and people may not always agencies that apply for Federal COPS giveness. In 1996 Governor Wallace, agree on all aspects of it. But one thing grants to report how many crime guns who 3 decades earlier stood in the we can all agree on is the need to re- they recovered in the last year and how entryway to the university’s audito- duce criminal gun violence. Far too many they submitted for tracing. The rium, flanked by State troopers, to pre- many violent shootings are taking bill will then give a preference in COPS vent Ms. Malone from enrolling, award- place across America. We need to catch grant awards to agencies that traced ed her with the first Lurleen B. Wal- the criminals who commit violent gun all the crime guns they recovered. lace Award for Courage. Later recalling crimes, and we need to identify and To be clear, police chiefs and sheriffs their conversation, Ms. Malone said stop the people who are putting guns in should not just wait for this legislation that she simply spoke with Governor criminals’ hands. to pass before they start tracing. They Wallace about forgiveness. Crime gun tracing is a powerful tool should start tracing today, and I hope Throughout her life, Ms. Malone was that helps law enforcement solve gun many will. But for those local agencies dedicated to the preservation and en- crimes and identify gun traffickers. that need a push to start tracing their forcement of our civil rights laws. Law enforcement agencies should be crime guns, my bill will give them a After graduation, she worked for the tracing 100 percent of guns they re- significant incentive. U.S. Department of Justice in the Civil cover in criminal investigations, and Gun violence is a complicated prob- Rights Division. In 1977, she took over the legislation I am introducing will lem, and there is no one solution that as Executive Director for the Voter help get us closer to that goal. will stop all the tragic shootings in our Education Project following the res- Here is how crime gun tracing works. nation. But comprehensive crime gun ignation of another civil rights legend, When a gun is recovered in a criminal tracing will make a big difference when investigation, a police department or it comes to solving gun crimes and Congressman JOHN LEWIS. Eventually, Ms. Malone rose to become a Director sheriff’s office can send the Bureau of identifying gun traffickers. Crime gun Alcohol, Tobacco, Firearms and Explo- of Civil Rights and Urban Affairs for tracing is free, it is easy, and law en- sives—ATF—information about the forcement leaders will tell you that it the Environmental Protection Agency gun’s make, model and serial number. is a powerful tool that helps them fight in Atlanta, GA, before retiring there in ATF can then trace the gun from its crime. 1996. I urge my colleagues to join me in In 2000, she gave the commencement manufacturer to its first retail pur- supporting this legislation. And I also address at the University of Alabama chaser. This information can help generate leads in identifying the person urge my colleagues to call on law en- and advised the new graduates: ‘‘If who used the gun to commit a crime. forcement in their States to start trac- there is any lesson for the graduates to Also, when all crime guns in an area ing all their crime guns, as I have done take from my experience, it is that you are traced, it can help law enforcement in Illinois. Many police departments must always be ready to seize the mo- identify broader crime gun trends and and sheriff’s offices simply do not know ment.’’ Ms. Malone passed away on Oc- trafficking patterns. about this free law enforcement re- tober 15, 2005, but her legacy continues. ATF has described crime gun tracing source called E-Trace, and once they It lives on through her children, grand- as a ‘‘cornerstone’’ of its efforts to learn how easy it is to sign up and use children, and siblings. It also lives on combat gun crime and illegal gun traf- E-Trace, they are thrilled with it. through the important work of her ficking. And ATF has made it free and We can make important progress on brother-in-law, Attorney General Eric easy for local police departments and the issue of crime gun tracing right Holder. He has done so much in the sheriff’s offices to trace guns. ATF has now if we alert all our State and local past 5 years to return the Civil Rights created an online tracing program, agencies about this powerful investiga- Division to its core mission. I have no called E-Trace, that it makes available tive tool. Every additional crime gun doubt that his sense of purpose is infor free to any law enforcement agency that gets traced makes it harder for il- formed by the proud history of the Ma- that signs up for it. E-Trace allows gun legal gun traffickers to hide. If we can lone family including his sister-in-law, trace requests to be sent to ATF quick- identify and root out these trafficking Vivian, and his wife, Dr. Sharon Ma- ly over the internet. And it provides a networks, it will help reduce gun vio- lone. searchable computer database that po- lence in our communities. That is a As we honor our Nation’s civil rights lice departments and sheriffs can use goal we should pursue, and I urge my heroes in preparation for next month’s to analyze all gun traces and gun colleagues to join me in this effort. momentous anniversary of Dr. King’s crimes in their jurisdiction. f ‘‘I Have a Dream’’ speech and the his- Let us be clear: This is only a data- toric March on Washington, let us base for crime guns. This is not a reg- SMARTER SOLUTIONS FOR honor another courageous icon who istry of law-abiding gun owners. ATF STUDENTS ACT told those University of Alabama grad- only traces guns that are part of crimi- Mr. LEVIN. Mr. President, the choice uates in 2000, ‘‘You may not live in a nal investigations by law enforcement. before the Senate yesterday was very time of great social change as I did, but E-Trace is a great law enforcement difficult. If we had failed to pass the you will just as certainly face moral tool. I have been working for years to student loan bill, students and their choices.’’ I hope Ms. Malone’s courage, get every police department and sher- families would be stuck with interest determination, and forgiveness will iff’s office in Illinois to sign up for E- rates for student loans that are double serve as a guiding light for generations Trace and to use it for every crime gun what they were just last year. Amer- to come, and to make the right moral they recover. ican students and parents who worry choices in our own lives. We are about halfway there in Illi- every single day about whether they f nois—around 400 out of 800 law enforce- can afford college cannot be burdened ment agencies in my state are using E- with such an enormous rate hike. CRIME GUN TRACING ACT Trace, and I am reaching out to the The cost of tuition at public 4-year Mr. DURBIN. Mr. President, I rise to rest to urge them to sign up. But we colleges is up more than 15 percent speak about a new bill I have intro- can do better, both in Illinois and na- since 2009. Student loan debt has duced called the Crime Gun Tracing tionally. reached historic proportions. Yet we Act. This bill will create a strong in- I am introducing my bill, the Crime allowed the rate on new federally sub- centive for police departments and Gun Tracing Act, to help move us to- sidized student loans to double, to 6.8

VerDate Mar 15 2010 03:04 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.069 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5963 percent, as of July 1. If we had allowed Michael used a wheelchair, but he was Building in Washington to protest the this rate increase to continue, we not the kind of person to take discrimi- slow progress in passing the Americans would have subtracted thousands of nation sitting down. At an early age, with Disabilities Act. One person who dollars from the wallets of American he began to speak up. He discovered was there recalled the scene as follows: students and their families or, worse, the power of advocacy. He was deter- A young girl with cerebral palsy, fiercely be responsible for pushing college be- mined to change the world for people determined to reach the top (‘‘I’ll take all yond the financial means of some fami- with disabilities. NIGHT if I have to!’’), inspired the admit- lies who already wonder whether they In 1969, Michael was enrolled in tedly out-of-shape Michael Winter to follow can afford to give their kids the edu- Southern Illinois University. Because close behind. When the activists gathered en cation they need and deserve. the school president’s wife used a masse in the Capitol rotunda, Winter was ap- proached by a young, able-bodied woman The bipartisan legislation we passed wheelchair, the SIU had made a com- who was excited by the crowd. Turns out she yesterday will temporarily resolve this mitment 15 years earlier to become one was a tour guide, expecting to host a group crisis for American families, but it is of the first accessible colleges in the of ‘‘handicapped’’ people on a tour through far from perfect. It switches these in- United States. But Michael was not the capitol. ‘‘I have to tell you something,’’ terest rates for these critical student satisfied. He believed that the univer- Winter wryly informed her. ‘‘I don’t think loans from fixed rates to floating rates, sity needed to be more inclusive for these people are here for a tour.’’ with caps that are far too high. This students with disabilities. So Michael Hundreds of disability rights activ- opens the door to rising interest rates and other students with disabilities ists are in Washington this week to cel- 4 years from now that students and took over the university president’s of- ebrate the 23rd anniversary of the their families simply cannot afford. fice and chained a wheelchair to his Americans with Disabilities Act. We The student debt problem which for desk. They did so to drive home the also celebrate the contributions of many families is a student debt crisis point that the campus needed to have leaders like Michael Winter, who are requires a carefully considered long accessible transportation for people responsible for America’s remarkable term solution. I am hopeful that such a with disabilities. The university, to its progress toward fulfilling the four solution will eventually emerge, but great credit, made improvements, and great goals of the ADA—equal oppor- this legislation is not it. Michael had found a special focus for tunity, full participation, independent That is why I supported an amend- his advocacy. His passionate and high- living, and economic self-sufficiency. ment offered by my colleagues, Sen- ly effective advocacy for accessible Despite this progress, we know that ators REED and WARREN, and another transportation became a constant our journey is far from finished. We amendment offered by Senator SAND- throughout his life. have not yet achieved the full promise ERS, which would have mitigated some In addition, Michael was one of the of the ADA. But we go forward inspired of the long-term damage of this legisla- early leaders in the Independent Living by the memory and example of Michael tion. Even though we did not adopt movement. In 1977, after college and at- Winter and other outstanding leaders those amendments, I supported this tending graduate school, he went to in this movement. bill for the simple reason that it re- the fledgling Berkeley Center for Inde- Thank you, Michael Winter, for a job moves the burdens facing America’s pendent Living, where he completed an well done. Thank you for helping us to students and their families in the next internship with Judy Heumann. He create a better, fairer, more inclusive few years. ended up staying on as a staff member and accessible world for people with The chairman of the HELP Com- for another 4 years. He then directed a disabilities. mittee, my friend TOM HARKIN has Center for Independent Living in Ha- pledged to try to fix the likely spiking waii before returning to the Berkeley f interest rates facing students when the as director of the Center for Inde- OBSERVING TED STEVENS DAY higher education reauthorization bill pendent Living for 12 years. During comes up next year. I will strongly sup- that period, Michael also served as Ms. MURKOWSKI. Mr. President, port that effort. president of the National Council on this upcoming Saturday marks the Yesterday we in the Senate had a Independent Living. third time Alaskans from across my choice, but America’s college students As I said, Michael’s special passion home State will join together to ‘‘get do not they have no choice but to pay was to advocate for more accessible out and play’’ in memory of the life the ever-rising cost of a college edu- transportation. Later in his career, he and legacy of Senator Ted Stevens. cation, not if they want the skills and held various positions at the U.S. De- Since Ted’s passing nearly three knowledge that hold the promise of a partment of Transportation, and was years ago, we have followed his exam- better life. They have no choice but to responsible for helping enforce civil ple by getting out and embracing Alas- live with the decisions we make here in rights with respect to transportation ka’s great outdoors on this fourth Sat- this Chamber. under the ADA, the Rehabilitation Act, urday of July. On this day, as envi- f the Civil Rights Act, and other laws. sioned by Senator Stevens’ family, we embody his passion for Alaska’s unique REMEMBERING MICHAEL WINTER He also advocated for more accessible transportation internationally. Marca wilderness, his love for fishing, and his Mr. HARKIN. Mr. President, this Bristo, CEO of Access Living in Chi- immense affection for nature. We cele- week Americans are celebrating the cago, recently shared a memory of Mi- brate his life, one dedicated to public 23rd anniversary of the landmark chael Winter, whom she considered a service—from his days as a pilot in Americans with Disabilities Act. As mentor on independent living. She World War II to his four decades in the chief Senate sponsor of that legisla- wrote: United States Senate fighting for tion, I know that we could not have roads, buildings, and other infrastruc- I’ll never forget being in Seoul riding the prevailed without the tireless, pas- most accessible subway I’ve ever been on ture needs in a State as young as ours. sionate, never-give-up advocacy of dis- with my son. Later I asked my host from Re- This year, Alaskans in communities ability rights advocates and leaders habilitation International, Dr. Il Yung Lee, across the State—from Anchorage, across America. One of those out- how did it happen? He said: ‘‘The Convention Fairbanks, Juneau, and the Kenai Pe- standing leaders, Michael Winter, can- on the Rights of Persons with Disabilities ninsula—are coming together for not be with us to celebrate this year’s and Michael Winter.’’ BBQ’s, Potlucks, and fishing, while anniversary. He passed away earlier Many Americans got to know Mi- countless others take part in their own this month. But I would like to take a chael in Eric Neudel’s award-winning unique and special way. few minutes today to celebrate the life documentary, ‘‘Lives Worth Living,’’ We remember Ted Stevens, among of this wonderful person. which chronicled the rise of the dis- many things, as one of Alaska’s great Michael was born with a disability, ability rights movement in the United leaders, the Alaskan of the 20th Cen- and grew up in Chicago at a far less en- States. The documentary recounts the tury, and a tireless advocate for the lightened time, when students and historic day in 1990 when hundreds of 49th State. He was committed to our other young people with disabilities disability rights advocates crawled and people, our economy, and the role we were excluded from the mainstream. climbed up the steps of the Capitol played in the success of America—from

VerDate Mar 15 2010 03:04 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.025 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5964 CONGRESSIONAL RECORD — SENATE July 25, 2013 national security to energy independ- Our relations with Russia are at the Command in Manama, Bahrain. I want ence to our bountiful fisheries. As po- heart of a truly comprehensive secu- to thank Captain Loeblein for his serv- litical as things get in our State and in rity and cooperation in Europe and I ice and congratulate him on this hard Washington, DC, Uncle Ted had per- have paid close attention to this coun- earned promotion. spective: ‘‘The hell with politics, just try in recent years. In that context, I do what’s right for Alaska.’’ am acutely aware of the challenges f This weekend, however, is about Sen- that our diplomats, serving in Russia ator Stevens’ deep love for the out- under the leadership of Ambassador TRIBUTE TO EDWARD J. LODGE doors and adventure. It is as if this Mike McFaul, face. Over the past year, summer, one of the most gorgeous we as a crackdown on fundamental free- Mr. RISCH. Mr. President, I rise have had back home in ages, Uncle Ted doms gained scope and speed, profes- today on behalf of myself and Senator is looking down upon Alaskans and en- sionals at our embassy in Russia never CRAPO to give recognition to U.S. Dis- couraging us to take up activities that wavered in their support for the uni- trict Judge Edward J. Lodge, the long- require a little sweat, a little more ef- versal values that we as Americans est serving jurist in the great State of fort than usual, maybe one that leaves hold especially dear. Our personnel, Idaho. This month, Judge Lodge us catching our breath afterwards. particularly those covering sensitive marked 50 years on the bench in com- Whether one decides to walk or run, issues such as human rights, met ad- bined State and Federal service. hike or climb, reel in a nice rainbow or versity with poise and served our Na- His long and notable career on the salmon, take a spin on a bike or just tion with great dedication. They rep- bench began in 1963 when he was se- play outside, I encourage Alaskans to resent this country well and do us all lected probate judge in Canyon County. spend some time this weekend getting proud. Judge Lodge was then appointed by out and enjoying our beautiful Alaskan Mr. Covert will be missed in Moscow Governor Robert Smylie just 2 years Summer. by his colleagues at Post, as well as by later to serve on the Idaho State Dis- Mr. President, for Senator Stevens countless Russians who got to know trict Court. He was the youngest per- and the entire Stevens family: Let’s him in recent years. I salute Kevin son to be appointed a district judge. get out and play. Covert and all his State Department After 23 years there, his name was Thank you Mr. President, I yield the colleagues working the Russia beat put forth by U.S. Senator James floor. during this difficult, but exciting, pe- McClure for a seat on the U.S. District Court for the District of Idaho. Presi- f riod of change. dent George H.W. Bush appointed him TRIBUTE TO KEVIN COVERT f in 1989 and shortly thereafter, his nom- Mr. CARDIN. Mr. President, I wish to TRIBUTE TO CAPTAIN JAMES T. ination was confirmed in the U.S. Sen- recognize Kevin Covert, our human LOEBLEIN ate by unanimous consent. rights officer at the U.S. Embassy in Mr. BARRASSO. Mr. President, I rise Judge Lodge has earned the respect Moscow. Very shortly, he will move on today to pay tribute to a close friend of of his colleagues as a jurist who, no to another assignment as is the usual the Senate, CAPT James Loeblein. matter the pressure or how big the practice at the Department of State. Over the past three years Captain case, works to ensure a trial is fair. During his recent tour, Mr. Covert Loeblein has served as the director of Throughout the years, he has consist- brought a remarkable level of initia- the Navy Senate liaison office. ently received high ratings from the tive and leadership to his job. A diplo- Since Captain Loeblein arrived on Idaho State Bar. matic first responder to raids, attacks, the Senate deck he has escorted 37 Though it may say more about my and show trials, his was the face of codels to 42 countries. In addition to State than I would like, Judge Lodge is American diplomacy there to listen to his travels, Captain Loeblein led his believed to have presided over more the stories of civil society leaders who team of sailors with the highest degree murder cases than any other judge in found themselves branded foreign of professionalism in support of every Idaho. And, in fact, he may just be the agents for simply working to better Member of the U.S. Senate. only judge who presided over two such their own country. His handshake was Throughout his time serving in the cases simultaneously. These cases and there to remind those Russians who Senate liaison office, I got to know the many others upon which he has dared meet with him that the United Jim. Captain Loeblein is a native of presided distinguish Judge Lodge as a States is committed to telling their Salisbury, NC. Jim received his com- lifelong student of the law and as story for the record and will not forget mission as an ensign after he graduated someone wholly dedicated to serving them—and Mr. Covert did just that as from the U.S. Naval Academy, Annap- the people in judicial matters. a lead drafter of the Russia section of olis, MD, in May 1985. He went on to A native of Caldwell, ID, Judge Lodge the annual Country Reports on Human graduate from the Naval War College, earned a bachelor’s degree from the Rights Practices as well as through ob- Newport, RI, in 1997. College of Idaho in nearby Nampa, jective and incisive reporting chron- He has served as the executive officer where he graduated cum laude. He then icling an assault on rights unprece- aboard the USS John S. McCain, DDG went north to the University of Idaho dented in modern Russia. All the while, 56. Captain Loeblein has also led sail- in Moscow to earn his juris doctorate. his composure, and likely a good sense ors on multiple deployments com- Many may not know that throughout of humor, enabled him to listen pa- manding two strike group deployments his education—from high school tiently to host government interlocu- and served as the sea combat com- through university—he was an out- tors as American concerns were dis- mander for the Abraham Lincoln Car- standing athlete. He was named three ingenuously construed as so much med- rier Strike Group all in support of Op- times an All-American in football at dling while he politely, and with good eration Iraqi Freedom and Operation Caldwell High School, Boise Junior judgment and integrity, reminded his Enduring Freedom. College and the College of Idaho. In ad- counterparts of their own freely under- Under Captain Loeblein’s leadership dition, he was a Golden Gloves cham- taken commitments to the rule of law and sharp instincts, his team has been pion and successfully participated in and democracy. instrumental in supporting the Sen- track-and-field. These accomplish- As chairman of the U.S. Helsinki ate’s legislative responsibility to pro- ments landed him a place in the Boise Commission and a senior member of vide our sailors with the resources they State Athletic Hall of Fame and the the Senate Foreign Relations Com- need to carry out their mission. The College of Idaho Hall of Fame. mittee, I have the regular opportunity, Senate and our Nation are indebted for Judge Lodge is married to long serv- and distinct honor, to interact with the his service. ing Idaho State Senator Patti Anne hard-working men and women of the Next week, Captain Loeblein will of- Lodge. They have three grown chil- Foreign Service. They do not wear uni- ficially be promoted to rear admiral, dren: Mary-Jeanne, Edward and Anne- forms, but they make numerous sac- lower half. We wish him well as he pre- Marie. rifices, take significant risks, and pares to take over as deputy com- Idaho is proud to call Judge Lodge a serve our country honorably. mander, U.S. Naval Forces Central native son.

VerDate Mar 15 2010 04:44 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.047 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5965 ADDITIONAL STATEMENTS Congress plays in our democracy. Each Lassiter, attending Clemson University, in- week, the interns meet with senior terning in the office of U.S. Representative congressional staff and other experts to TOM RICE; Will McIlwain, attending THE UNIVERSITY OF SCRANTON discuss issues such as the legislative Pepperdine University, interning in the of- ∑ fice of U.S. Representative CHARLES RANGEL; Mr. CASEY. Mr. President, today I process, power of the purse, balancing Viviana Molina, attending George Mason wish to honor the University of Scran- governing and campaigning, political University, interning in the office of U.S. ton on the occasion of the 125th anni- polarization, foreign affairs, and more. Representative AARON SCHOCK; Mary Moody, versary of its founding. For more than Interns are selected for this program attending Samford University, interning in a century, this esteemed institution of based on their college record, commu- the office of U.S. Representative STEVE higher education has made invaluable nity service experience, and interest in STOCKMAN; Eleanor Gray Mullen, attending contributions to the City of Scranton, a career in public service. This year, 29 University of Virginia, interning in the of- the Commonwealth of Pennsylvania outstanding interns, most of them jun- fice of U.S. Representative DON YOUNG; Alicia Oken, attending Georgetown Univer- and, most importantly, the lives of its iors and seniors in college who are working in Republican and Democratic sity, interning in the office of U.S. Rep- many alumni. resentative CHERI BUSTOS; Melissa Shohet, Founded in 1888 as Saint Thomas Col- offices in both the House and Senate attending McGill University, interning in lege by Most Reverend William G. have taken part. the office of U.S. Senator MAZIE HIRONO; O’Hara, the first Bishop of Scranton, I congratulate the interns for their Austin Stannius, attending University of the college was staffed by diocesan participation in this valuable program Utah, interning in the House Committee on priests and seminarians until 1896, and and I thank the Stennis Center and the Veterans Affairs; Sara Vance, attending Mis- then briefly by the Xaverian Brothers. Senior Stennis Fellows for providing sissippi State University, interning in the From 1897 until the arrival of the such a meaningful experience for these Office of the Speaker of the House of Rep- resentatives.∑ school’s first Jesuit administration in interns and for encouraging them to 1942, the college was administered for consider a future career in public serv- f the Diocese by the Christian Brothers. ice. REMEMBERING DAVID Renamed the University of Scranton in I ask unanimous consent that a list VANBUSKIRK of 2013 Stennis Congressional Interns 1938, it is today ‘‘a community dedi- ∑ Mr. HELLER. Mr. President, the and the offices in which they work be cated to the freedom of inquiry and State of Nevada mourns the loss of Las printed in the RECORD. personal development fundamental to Vegas Metropolitan Police Department the growth in wisdom and integrity of There being no objection, the material was ordered to be printed in the Search and Rescue Officer David all who share its life.’’ Vanbuskirk. Officer Vanbuskirk was a I am proud that my hometown is host RECORD, as follows: Peter Aldrich, attending Grinnell College, true hero who lost his life during a to an academic institution of the cal- search and rescue operation at Mt. iber of the University of Scranton. An interning in the office of U.S. Representative KEITH ELLISON; Jared Bierbach, attending Charleston. His inspiring legacy of pub- anchor of the city’s Hill Section, the University of Wisconsin—Milwaukee, intern- lic service will be long remembered. university has grown well beyond its ing in the office of U.S. Senator TAMMY Officer Vanbuskirk began his service roots as a commuter school into a na- BALDWIN; Becca Brukman, attending Univer- with the Las Vegas Metropolitan Po- tionally recognized and respected uni- sity of Arizona, interning in the office of lice Department 13 years ago, and was versity with a total enrollment of over U.S. Representative ALAN LOWENTHAL; An- one of only seven commissioned offi- 6,000 students in undergraduate, grad- thony Carli, attending University of Arizona, cers charged with conducting rescues interning in the office of U.S. Representative uate and nontraditional programs. for the department. On Monday, July As a Senator representing the Com- KYRSTEN SINEMA; Jack Cartwright, attending Hamilton College, interning in the office 22, 2013, he responded to a call for help monwealth of Pennsylvania, and a of U.S. Representative KYRSTEN SINEMA; from a stranded hiker who needed member of the Senate Committee on Julie Chen, attending Wellesley College, in- emergency assistance. It was during Health, Education, Labor and Pen- terning in the office of U.S. Representative this dangerous rescue mission that Of- sions, ensuring that our Nation’s chil- CHARLES RANGEL; Steve Ciranna, attending ficer Vanbuskirk nobly gave his life in dren and young adults have access to Michigan State University, interning in the the line of duty. high quality educational opportunities office of U.S. Representative BILL HUIZENGA; Officer Vanbuskirk represented the is one of my highest priorities. I firmly Rob Contreras, attending University of Cali- very best of Nevada, and his sacrifice is fornia at Los Angeles, interning in the office believe that anyone with the drive, for- exemplary of the highest standards of of U.S. Representative ANN KIRKPATRICK; titude and desire to pursue the oppor- Seth Coppe, attending American University, public service. His commitment to tunities afforded by higher education interning in the office of U.S. Senator JOE service above self is the definition of should be able to realize that dream. MANCHIN. heroic, as is his willingness to place Throughout its history, the University Florie Crump, attending Mississippi State the safety and welfare of others before of Scranton has enabled countless stu- University, interning in the office of U.S. his own. His actions remind us that dents to further their education and Senator THAD COCHRAN; Nick Fickler, at- there are brave and fearless Americans tending University of Southern California, become productive members of society. who put their lives on the line every It is with great pride, as both a Sen- interning in the office of U.S. Representative ED ROYCE; Jon Fox, attending Miami Univer- day to keep us safe, and we owe them ator from Pennsylvania and as a native sity, interning in the office of U.S. Rep- all a profound debt for their service. of Scranton, that I honor the Univer- resentative JOYCE BEATTY; Caitlin Garn, at- While the State of Nevada will dearly sity of Scranton today. The contribu- tending University of Utah, interning in the miss this dedicated officer, his memory tions that this institution has made to office of U.S. Senator ORRIN HATCH; Jake and legacy of courage will continue to both our Commonwealth and to our Goodman, attending Temple University, in- live on in our hearts. I urge my col- Nation are commendable, and I wish terning in the Special Committee on Aging; leagues to join me in honoring this them all the best.∑ Haley Gray, attending University of Texas at fallen Nevadan, and I offer my deepest Austin, interning in the Office of the Speak- f er of the House of Representatives; Shannon condolences to Officer Vanbuskirk’s Grimes, attending Bowdoin College, intern- family and loved ones during this dif- 2013 STENNIS CONGRESSIONAL ∑ INTERNS ing in the office of U.S. Representative ficult time. CHELLIE PINGREE; Molly Harris, attending f ∑ Ms. BALDWIN. Mr. President, 2013 is University of Mississippi, interning in the of- the 11th year in which summer interns fice of U.S. Representative AARON SCHOCK; KRAFT FOODS 50TH ANNIVERSARY working in Congressional offices have Austin Harrison, attending University of ∑ Mr. KIRK. Mr. President, I stand benefitted from a program run by the Mississippi, interning in the office of U.S. today to honor the Kraft Foods Group, John C. Stennis Center for Public Serv- Senator THAD COCHRAN. Inc. plant and its dedicated employees ice Leadership. This 6-week program is Brenna James, attending University of Delaware, interning in the Senate Com- in Champaign, IL, as they celebrate its designed to enhance their internship mittee on Homeland Security & Govern- 50th anniversary. experience by giving them an inside mental Affairs; Bobby Kogan, attending Col- This Champaign plant has the unique look at how Congress works and a lege of William and Mary, interning in the distinction of being Kraft’s flagship fa- deeper appreciation for the role that House Committee on the Budget; Ben cility, employing more than 1,100 of my

VerDate Mar 15 2010 03:04 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.084 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5966 CONGRESSIONAL RECORD — SENATE July 25, 2013 fellow citizens of Illinois, and proudly sity of Alaska (both Fairbanks and An- need of recuperative home care with producing more than any other Kraft chorage) and at Alaska Pacific Univer- flexible schedules and cheerful attend- plant in the country. From the time it sity. ‘‘Aunty’’ Mary was a positive role ants. The personal touch that accom- opened in 1963, this facility has grown model for all. She was the heart and panies each care plan makes each expe- in both size and production. For gen- soul of the family and the Aleut Com- rience unique and maximizes the level erations, millions of Americans have munity of St. Paul Island. She was also of comfort and care available to those enjoyed the products made in Cham- a proud shareholder of TDX, the St. in need. paign, from Miracle Whip and Paul Village Corporation. Conscious of the individual needs and Velveeta, to Kraft Singles and Cheese Mary Bourdukofsky was born Janu- distinct situation of each and every cli- Whiz. The plant continues to expand ary 9, 1923 on St. Paul Island to Nicolai ent, Teresa Nelson and her team at its output, with new varieties of pasta, and Olga Kozloff. Her role as natural Home Helpers strive to deliver a cus- dressing and cheese being added to leader began at an early age when she tom-tailored plan for each cir- their production line in 2012, and ear- lost her own mother during childbirth cumstance. From treatment needs to lier this year, Kraft chose to dedicate and stepped up to help raise her three payment plans, the caregivers at Home their entire Velveeta production to siblings. In 1939 she married George Helpers use their flexibility and exper- this single facility. Bourdukofsky, and they had seven tise to increase the quality of life of all The Kraft Foods Group has called Il- beautiful children. Despite being that they work with. linois home since its founding in 1903, stricken by TB at birth and losing one For over 31⁄2 years, Home Helpers has and Champaign has been a critical part of her sons to polio, she pressed on and assisted many families and individuals of this company for more than half of grew into a well-respected community through challenging times. Therefore, that time. Kraft has so greatly contrib- leader, advocating for equal rights and it is only fitting that we celebrate this uted to Champaign’s economic climate, fair treatment of her fellow Aleut peo- firm’s growth and successes, as they helping to make the city this plant ple. have simultaneously helped support calls home a great place to live and During World War II, her family and our loved ones and create health care work. Likewise, the people of Cham- the rest of the Aleut Community of St. jobs in Idaho. I am proud to extend my paign helped make Kraft great. Our Paul Island were forced from their congratulations to Teresa Nelson and State is proud of all that Kraft pro- homes and placed in internment at everyone at Home Helpers of Eastern duces, but we are especially proud of Funter Bay, AK. While all the Aleut Idaho for their tremendous efforts and the ingenuity, industry, and drive that men left as they volunteered to join offer my best wishes for their contin- this plant’s workers have embodied for the war effort, she led female advo- ued success.∑ 50 years. It is clear that because cates in filing a petition with the U.S. f Kraft’s Champaign employees have Government about the inhumane and MESSAGES FROM THE PRESIDENT been dedicated to achieving success, unlivable conditions they were being this plant has continued to thrive after forced to live in, knowing all the while Messages from the President of the half a century. that the Island managers had threat- United States were communicated to In closing, I ask all my colleagues to ened them all with expulsion from the Senate by Mr. Williams, one of his join me in congratulating the Kraft their homes back on St. Paul forever if secretaries. Foods Group on reaching this incred- they complained. Some 50 years later f ible milestone and honoring the em- she testified before the U.S. Congress, EXECUTIVE MESSAGES REFERRED ployees at their acclaimed flagship seeking an apology and retribution for plant.∑ how she and her fellow Aleut U.S. citi- As in executive session the Presiding Officer laid before the Senate messages f zens were mistreated during WWII. On behalf of the Senate I extend con- from the President of the United REMEMBERING ‘‘AUNTY’’ MARY dolences to Mary’s family, the Aleut States submitting sundry nominations BOURDUKOFSKY community and every life she touched which were referred to the appropriate ∑ Ms. MURKOWSKI. Mr. President, I through her tireless advocacy. committees. would like to take a moment to pay ‘‘Aunty’’ Mary was a truly remarkable (The messages received today are my respects to an Aleut elder and spir- individual, and I am proud to honor her printed at the end of the Senate pro- itual leader, ‘‘Aunty’’ Mary. It is with as the outstanding leader that she ceedings.) a heavy heart I say that Mary-Nicolai was.∑ f Bourdukofsky, age 90, passed away on f EXECUTIVE AND OTHER June 2, 2013 in Anchorage, AK. COMMUNICATIONS ‘‘Aunty’’ Mary was a dedicated leader HOME HELPERS OF EASTERN and fought to preserve the Aleut cul- IDAHO The following communications were ture, language and traditions by the ∑ Mr. RISCH. Mr. President, independ- laid before the Senate, together with formation of the Aleut Dancers, shar- ence and self-sufficiency are two char- accompanying papers, reports, and doc- ing her knowledge of Aleut songs and acteristics of adulthood that many of uments, and were referred as indicated: stories, and native food preparation. us simply take for granted. However, EC–2424. A communication from the Assist- She participated in educating youth as we age, oftentimes we need a helping ant Attorney General, Office of Legislative Affairs, Department of Justice, transmit- and leaders in various venues including hand to accomplish daily tasks or deal ting, pursuant to law, a report on the De- the Pribilof, Unalaska and Sand Point with medical ailments. Teresa Nelson, partment’s activities during Calendar Year Aleut Culture Camp and the Anchorage owner of Home Helpers of Eastern 2012 relative to the Equal Credit Opportunity Aleut culture camp. She worked with Idaho and a certified senior adviser, Act; to the Committee on the Judiciary. the Alaska Federation of Natives, recognizes the value of independent liv- EC–2425. A communication from the Assist- AFN, Youth and Elders and served as ing and, through her hard work, has ant Secretary for Legislative Affairs, De- an AFN delegate for many years. greatly contributed to the rich and full partment of the Treasury, transmitting, pur- ‘‘Aunty’’ Mary also assisted with devel- suant to law, a report relative to two deter- life of many Idahoans. I rise today to minations made by the Financial Stability oping the Aleut culture exhibits at the honor Home Helpers of Eastern Idaho Oversight Council on July 8, 2013; to the Alaska Native Heritage Center and the located in Pocatello, ID. Committee on Banking, Housing, and Urban Smithsonian Institution’s Alaska Na- Home Helpers of Eastern Idaho spe- Affairs. tive Collections. Additionally she was cializes in the at-home nonmedical EC–2426. A communication from the Direc- honored as 2004 Aleut Corporation care of our senior citizens and facili- tor, Administrative Office of the United Elder of the Year. As a lifelong educa- tates independent living. However, States Courts, transmitting, pursuant to tor of traditional knowledge, she un- Home Helpers doesn’t stop there. The law, a report entitled ‘‘2012 Report of Statis- tics Required by the Bankruptcy Abuse Pre- derstood the importance of western over 50 employees and caregivers at vention and Consumer Protection Act of education; she was one of the first Home Helpers also are available to as- 2005’’; to the Committee on the Judiciary. women on the school board in St. Paul sist new and expectant mothers, work- EC–2427. A communication from the Direc- Island and later taught at the Univer- ing parents, and individuals who are in tor of the Regulatory Management Division,

VerDate Mar 15 2010 03:04 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JY6.078 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5967 Environmental Protection Agency, transmit- EC–2436. A communication from the Direc- EC–2444. A communication from the Direc- ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, tor, Office of Regulations and Reports Clear- titled ‘‘Mancozeb; Pesticide Tolerances’’ Environmental Protection Agency, transmit- ance, Social Security Administration, trans- (FRL No. 9393–2) received in the Office of the ting, pursuant to law, the report of a rule en- mitting, pursuant to law, the report of a rule President of the Senate on July 24, 2013; to titled ‘‘Approval and Disapproval of Air entitled ‘‘Mailing of Tickets Under the Tick- the Committee on Agriculture, Nutrition, Quality State Implementation Plans; Ari- et to Work Program’’ (RIN0960–AH34) re- and Forestry. zona; Regional Haze and Interstate Trans- ceived in the Office of the President of the EC–2428. A communication from the Direc- port Requirements’’ (FRL No. 9838–4) re- Senate on July 24, 2013; to the Committee on tor of the Regulatory Management Division, ceived in the Office of the President of the Finance. Environmental Protection Agency, transmit- Senate on July 24, 2013; to the Committee on EC–2445. A communication from the Assist- ting, pursuant to law, the report of a rule en- Environment and Public Works. ant Secretary for Import Administration, titled ‘‘Imazosulfuron; Pesticide Tolerances’’ EC–2437. A communication from the Direc- International Trade Administration, Depart- (FRL No. 9390–2) received in the Office of the tor of the Regulatory Management Division, ment of Commerce, transmitting, pursuant President of the Senate on July 24, 2013; to Environmental Protection Agency, transmit- to law, the report of a rule entitled ‘‘Certifi- the Committee on Agriculture, Nutrition, ting, pursuant to law, the report of a rule en- cation of Factual Information to Import Ad- and Forestry. titled ‘‘Approval and Promulgation of State ministration during Antidumping and Coun- EC–2429. A communication from the Chief Implementation Plan Revisions; Infrastruc- tervailing Duty Proceedings: Final Rule’’ Counsel, Federal Emergency Management ture Requirements for the 1997 and 2006 (RIN0625–AA66) received in the Office of the Agency, Department of Homeland Security, PM2.5 National Ambient Air Quality Stand- President of the Senate on July 24, 2013; to transmitting, pursuant to law, the report of ards; Prevention of Significant Deterioration the Committee on Finance. a rule entitled ‘‘Final Flood Hazard Deter- Requirements for PM2.5 Increments and EC–2446. A communication from the Acting minations’’ ((44 CFR Part 67) (Docket No. Major and Minor Source Baseline Dates; Assistant Secretary, Legislative Affairs, De- FEMA–2012–0003)) received in the Office of State Board Requirements; North Dakota’’ partment of State, transmitting, pursuant to the President of the Senate on July 24, 2013; (FRL No. 9839–9) received in the Office of the law, a report relative to the waiver of re- to the Committee on Banking, Housing, and President of the Senate on July 24, 2013; to strictions on U.S. assistance for several gov- Urban Affairs. the Committee on Environment and Public ernments that were triggered by either the EC–2430. A communication from the Chief Works. transfer of, or facilitation of the transfer of, Counsel, Federal Emergency Management EC–2438. A communication from the Direc- lethal military equipment to state sponsor of Agency, Department of Homeland Security, tor of the Regulatory Management Division, terrorism (OSS–2013–1091); to the Committee transmitting, pursuant to law, the report of Environmental Protection Agency, transmit- on Foreign Relations. a rule entitled ‘‘Final Flood Elevation Deter- ting, pursuant to law, the report of a rule en- EC–2447. A communication from the Acting minations’’ ((44 CFR Part 67) (Docket No. titled ‘‘Approval and Promulgation of Imple- Assistant Secretary, Bureau of Political- FEMA–2012–0002)) received in the Office of mentation Plans; North Carolina; Control Military Affairs, Department of State, trans- the President of the Senate on July 24, 2013; Techniques Guidelines and Reasonably mitting, pursuant to law, an addendum to a to the Committee on Banking, Housing, and Available Control Technology’’ (FRL No. certification, transmittal number: DDTC 13– Urban Affairs. 9835–7) received in the Office of the President 079, of the proposed sale or export of defense EC–2431. A communication from the Direc- of the Senate on July 24, 2013; to the Com- articles and/or defense services to a Middle tor of the Regulatory Management Division, mittee on Environment and Public Works. East country regarding any possible affects Environmental Protection Agency, transmit- EC–2439. A communication from the Direc- such a sale might have relating to Israel’s ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, Qualitative Military Edge over military titled ‘‘Approval and Promulgation of Imple- Environmental Protection Agency, transmit- threats to Israel; to the Committee on For- mentation Plans; Tennessee: New Source Re- ting, pursuant to law, the report of a rule en- eign Relations. view-Prevention of Significant Deteriora- titled ‘‘Approval and Promulgation of Imple- EC–2448. A communication from the Acting tion’’ (FRL No. 9837–1) received in the Office mentation Plans: Atlanta, Georgia 1997 8- Assistant Secretary, Bureau of Political- of the President of the Senate on July 24, Hour Ozone Nonattainment Area; Reason- Military Affairs, Department of State, trans- 2013; to the Committee on Environment and able Further Progress Plan’’ (FRL No. 9837– mitting, pursuant to law, an addendum to a Public Works. 2) received in the Office of the President of certification, transmittal number: DDTC 13– EC–2432. A communication from the Direc- the Senate on July 24, 2013; to the Com- 089, of the proposed sale or export of defense tor of the Regulatory Management Division, mittee on Environment and Public Works. articles and/or defense services to a Middle Environmental Protection Agency, transmit- EC–2440. A communication from the Direc- East country regarding any possible affects ting, pursuant to law, the report of a rule en- tor of Congressional Affairs, Nuclear Regu- such a sale might have relating to Israel’s titled ‘‘Approval and Promulgation of Air latory Commission, transmitting, pursuant Qualitative Military Edge over military Quality Implementation Plans; West Vir- to law, the report of a rule entitled ‘‘Infla- threats to Israel; to the Committee on For- ginia; Update to Materials Incorporated by tion Adjustments to the Price-Anderson Act eign Relations. Reference’’ (FRL No. 9828–8) received in the Financial Protection Regulations’’ (RIN3150– EC–2449. A communication from the Acting Office of the President of the Senate on July AJ25) received during adjournment of the Assistant Secretary, Legislative Affairs, De- 24, 2013; to the Committee on Environment Senate in the Office of the President of the partment of State, transmitting, pursuant to and Public Works. Senate on July 22, 2013; to the Committee on law, a report relative to section 36(c) of the EC–2433. A communication from the Direc- Environment and Public Works. Arms Export Control Act (DDTC 13–097); to tor of the Regulatory Management Division, EC–2441. A communication from the Direc- the Committee on Foreign Relations. Environmental Protection Agency, transmit- tor of Congressional Affairs, Nuclear Regu- EC–2450. A communication from the Acting ting, pursuant to law, the report of a rule en- latory Commission, transmitting, pursuant Assistant Secretary, Legislative Affairs, De- titled ‘‘Approval and Promulgation of Air to law, the report of a rule entitled ‘‘Interim partment of State, transmitting, pursuant to Quality Implementation Plans; Wisconsin; Enforcement Policy for Permanent Implant law, a report relative to sections 36(c) and Disapproval of PM2.5 Permitting Require- Brachytherapy Medical Event Reporting’’ 36(d) of the Arms Export Control Act (DDTC ments’’ (FRL No. 9838–1) received in the Of- (NRC–2013–0114) received during adjournment 13–093); to the Committee on Foreign Rela- fice of the President of the Senate on July of the Senate in the Office of the President tions. 24, 2013; to the Committee on Environment of the Senate on July 22, 2013; to the Com- EC–2451. A communication from the Acting and Public Works. mittee on Environment and Public Works. Assistant Secretary, Legislative Affairs, De- EC–2434. A communication from the Direc- EC–2442. A communication from the Direc- partment of State, transmitting, pursuant to tor of the Regulatory Management Division, tor, Office of Regulations and Reports Clear- law, a report relative to sections 36(c) and Environmental Protection Agency, transmit- ance, Social Security Administration, trans- 36(d) of the Arms Export Control Act (DDTC ting, pursuant to law, the report of a rule en- mitting, pursuant to law, the report of a rule 13–048); to the Committee on Foreign Rela- titled ‘‘Approval and Promulgation of State entitled ‘‘Extension of Effective Date for tions. Implementation Plans; State of North Da- Temporary Pilot Program Setting the Time EC–2452. A communication from the Assist- kota; Interstate Transport of Pollution for and Place for a Hearing Before an Adminis- ant Legal Adviser for Treaty Affairs, Depart- the 2006 PM2.5 NAAQS’’ (FRL No. 9839–8) re- trative Law Judge’’ (RIN0960–AH58) received ment of State, transmitting, pursuant to the ceived in the Office of the President of the in the Office of the President of the Senate Case-Zablocki Act, 1 U.S.C. 112b, as amended, Senate on July 24, 2013; to the Committee on on July 24, 2013; to the Committee on Fi- the report of the texts and background state- Environment and Public Works. nance. ments of international agreements, other EC–2435. A communication from the Direc- EC–2443. A communication from the Direc- than treaties (List 2013–0127—2013–0135); to tor of the Regulatory Management Division, tor, Office of Regulations and Reports Clear- the Committee on Foreign Relations. Environmental Protection Agency, transmit- ance, Social Security Administration, trans- EC–2453. A communication from the Pro- ting, pursuant to law, the report of a rule en- mitting, pursuant to law, the report of a rule gram Manager, Health Resources and Serv- titled ‘‘Administrative Revisions to EPAAR’’ entitled ‘‘Extension of Sunset Date for At- ices Administration, Department of Health (FRL No. 9837–4) received in the Office of the torney Advisor Program’’ (RIN0960–AH56) re- and Human Services, transmitting, pursuant President of the Senate on July 24, 2013; to ceived in the Office of the President of the to law, the report of a rule entitled ‘‘Exclu- the Committee on Environment and Public Senate on July 24, 2013; to the Committee on sion of Orphan Drugs for Certain Covered En- Works. Finance. tities Under 340B Program’’ (RIN0906–AA94)

VerDate Mar 15 2010 03:04 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.026 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5968 CONGRESSIONAL RECORD — SENATE July 25, 2013 received during adjournment of the Senate on D.C. Act 20–109, ‘‘Heat Wave Safety Tem- that are estimated to cost more than in the Office of the President of the Senate porary Amendment Act of 2013’’; to the Com- $1,000,000,000 and will cause significant ad- on July 22, 2013; to the Committee on Health, mittee on Homeland Security and Govern- verse effects to the economy; to the Com- Education, Labor, and Pensions. mental Affairs. mittee on Environment and Public Works. EC–2454. A communication from the Pro- EC–2464. A communication from the Chair- By Mr. WYDEN (for himself and Mr. gram Manager, Center for Disease Control man of the Council of the District of Colum- THUNE): and Prevention, Department of Health and bia, transmitting, pursuant to law, a report S. 1364. A bill to promote neutrality, im- Human Services, transmitting, pursuant to on D.C. Act 20–111, ‘‘YMCA Community In- plicity, and fairness in the taxation of dig- law, the report of a rule entitled ‘‘Distribu- vestment Initiative Real Property Tax Ex- ital goods and digital services; to the Com- tion of Reference Biological Standards and emption Temporary Act of 2013’’; to the mittee on Finance. Biological Preparations’’ (RIN0920–AA53) re- Committee on Homeland Security and Gov- By Mr. NELSON (for himself and Ms. ceived in the Office of the President of the ernmental Affairs. COLLINS): Senate on July 23, 2013; to the Committee on S. 1365. A bill to amend title XVIII of the f Health, Education, Labor , and Pensions. Social Security Act to allow for fair applica- EC–2455. A communication from the Assist- REPORTS OF COMMITTEES tion of the exceptions process for drugs in ant General Counsel for Regulatory Services, tiers in formularies in prescription drug Office of Special Education and Rehabilita- The following reports of committees plans under Medicare part D; to the Com- tive Services, Department of Education, were submitted: mittee on Finance. transmitting, pursuant to law, the report of By Mr. UDALL of New Mexico, from the By Mr. BOOZMAN (for himself, Ms. a rule entitled ‘‘National Institute on Dis- Committee on Appropriations, without AYOTTE, and Mrs. SHAHEEN): ability and Rehabilitation Research amendment: S. 1366. A bill to modify the appointment of (NIDRR)—Rehabilitation Research and S. 1371. An original bill making appropria- Inspectors General, and for other purposes; Training Center (RRTC) on Disability in tions for financial services and general gov- to the Committee on Homeland Security and Rural Areas’’ (CFDA No. 84.133B–8) received ernment for the fiscal year ending Sep- Governmental Affairs. in the Office of the President of the Senate tember 30, 2014, and for other purposes (Rept. By Mr. PRYOR (for himself and Ms. on July 23, 2013; to the Committee on Health, No. 113–80). AYOTTE): Education, Labor, and Pensions. By Mr. LEAHY, from the Committee on S. 1367. A bill to amend title 49, United EC–2456. A communication from the Sec- Appropriations, without amendment: States Code, to direct the Assistant Sec- retary of Health and Human Services, trans- S. 1372. An original bill making appropria- retary of Homeland Security (Transpor- mitting, pursuant to law, a report entitled tions for the Department of State, foreign tation Security Administration) to provide ‘‘Community Services Block Grant (CCSBG) operations, and related programs for the fis- expedited air passenger screening to severely Program Report for Fiscal Year 2009’’ ; to the cal year ending September 30, 2014, and for injured or disabled members of the Armed Committee on Health, Education, Labor, and other purposes (Rept. No. 113–81). Forces and severely injured or disabled vet- Pensions. erans, and for other purposes; to the Com- EC–2457. A communication from the Dis- f mittee on Commerce, Science, and Transpor- trict of Columbia Auditor, transmitting, pur- EXECUTIVE REPORTS OF tation. suant to law, a report entitled, ‘‘Letter Re- COMMITTEES By Mr. BROWN (for himself, Mr. UDALL port: Sufficiency Certification for the Wash- of New Mexico, Mr. ROCKEFELLER, ington Convention and Sports Authority’s The following executive reports of and Mr. MENENDEZ): (Trading As Events DC) Projected Revenues nominations were submitted: S. 1368. A bill to facilitate nationwide and Excess Reserve to Meet Projected Oper- By Ms. STABENOW for the Committee on availability of volunteer income tax assist- ating and Debt Service Expenditures and Re- Agriculture, Nutrition, and Forestry. ance for low-income and underserved popu- serve Requirements for Fiscal Year 2014’’ ; to * Robert Bonnie, of Virginia, to be Under lations, and for other purposes; to the Com- the Committee on Homeland Security and Secretary of Agriculture for Natural Re- mittee on Finance. Governmental Affairs. sources and Environment. By Mr. BROWN (for himself, Mr. EC–2458. A communication from the Acting * Krysta L. Harden, of Georgia, to be Dep- JOHANNS, Mr. KIRK, Mr. TESTER, and Director, Office of Personnel Management, uty Secretary of Agriculture. Mr. TOOMEY): transmitting, pursuant to law, the Office’s By Mr. BAUCUS for the Committee on Fi- S. 1369. A bill to provide additional flexi- annual report on Federal agencies’ use of the nance. bility to the Board of Governors of the Fed- physicians’ comparability allowance (PCA) * F. Scott Kieff, of Illinois, to be a Member eral Reserve System to establish capital program; to the Committee on Homeland Se- of the United States International Trade standards that are properly tailored to the curity and Governmental Affairs. Commission for the term expiring June 16, unique characteristics of the business of in- EC–2459. A communication from the Asso- 2020. surance, and for other purposes; to the Com- ciate General Counsel for General Law, Of- * Joseph W. Nega, of Illinois, to be a Judge mittee on Banking, Housing, and Urban Af- fice of the General Counsel, Department of of the United States Tax Court for a term of fairs. Homeland Security, transmitting, pursuant fifteen years. By Mrs. MURRAY: to law, a report relative to a vacancy in the * Michael B. Thornton, of Virginia, to be a S. 1370. A bill to establish partnerships to position of General Counsel, Department of Judge of the United States Tax Court for a create or enhance educational and skills de- Homeland Security, received in the Office of term of fifteen years. velopment pathways to 21st century careers, the President of the Senate on July 24, 2013; and for other purposes; to the Committee on to the Committee on Homeland Security and * Nomination was reported with rec- Health, Education, Labor, and Pensions. Governmental Affairs. ommendation that it be confirmed sub- By Mr. UDALL of New Mexico: EC–2460. A communication from the Chair- ject to the nominee’s commitment to S. 1371. An original bill making appropria- man of the Council of the District of Colum- respond to requests to appear and tes- tions for financial services and general gov- bia, transmitting, pursuant to law, a report tify before any duly constituted com- ernment for the fiscal year ending Sep- on D.C. Act 20–107, ‘‘Extension of Time to mittee of the Senate. tember 30, 2014, and for other purposes; from Dispose of Justice Park Property Temporary the Committee on Appropriations; placed on Approval Act of 2013’’ ; to the Committee on f the calendar. Homeland Security and Governmental Af- INTRODUCTION OF BILLS AND By Mr. LEAHY: fairs. S. 1372. An original bill making appropria- EC–2461. A communication from the Chair- JOINT RESOLUTIONS tions for the Department of State, foreign man of the Council of the District of Colum- The following bills and joint resolu- operations, and related programs for the fis- bia, transmitting, pursuant to law, a report tions were introduced, read the first cal year ending September 30, 2014, and for on D.C. Act 20–108, ‘‘Foster Youth Transit and second times by unanimous con- other purposes; from the Committee on Ap- Subsidy Temporary Amendment Act of 2013’’ propriations; placed on the calendar. ; to the Committee on Homeland Security sent, and referred as indicated: By Mr. MERKLEY: and Governmental Affairs. By Mr. SCHUMER (for himself, Mr. S. 1373. A bill to increase access to refi- EC–2462. A communication from the Chair- HATCH, Ms. KLOBUCHAR, Mr. nancing for homeowners, and for other pur- man of the Council of the District of Colum- FRANKEN, and Mr. COONS): poses; to the Committee on Banking, Hous- bia, transmitting, pursuant to law, a report S. 1362. A bill to amend the National Child ing, and Urban Affairs. on D.C. Act 20–110, ‘‘Better Prices, Better Protection Act of 1993 to establish a perma- By Mr. BEGICH: Quality, Better Choices for Health Coverage nent background check system; to the Com- S. 1374. A bill to allow traditional foods to Temporary Amendment Act of 2013’’ ; to the mittee on the Judiciary. be served at public facilities; to the Com- Committee on Homeland Security and Gov- By Mr. HELLER: mittee on Indian Affairs. ernmental Affairs. S. 1363. A bill to protect consumers by pro- By Mr. MERKLEY: EC–2463. A communication from the Chair- hibiting the Administrator of the Environ- S. 1375. A bill to require a portion of clos- man of the Council of the District of Colum- mental Protection Agency from promul- ing costs to be paid by the enterprises with bia, transmitting, pursuant to law, a report gating as final certain energy-related rules respect to certain refinanced mortgage

VerDate Mar 15 2010 04:44 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.027 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5969 loans, and for other purposes; to the Com- S. 367 of S. 769, a bill to designate as wilder- mittee on Banking, Housing, and Urban Af- At the request of Mr. CARDIN, the ness certain Federal portions of the red fairs. name of the Senator from Ohio (Mr. rock canyons of the Colorado Plateau By Mr. JOHNSON of South Dakota (for BROWN) was added as a cosponsor of S. and the Great Basin Deserts in the himself and Mr. CRAPO): S. 1376. A bill to improve the Federal Hous- 367, a bill to amend title XVIII of the State of Utah for the benefit of present ing Administration and to ensure the sol- Social Security Act to repeal the Medi- and future generations of people in the vency of the Mutual Mortgage Insurance care outpatient rehabilitation therapy United States. Fund, and for other purposes; to the Com- caps. S. 780 mittee on Banking, Housing, and Urban Af- S. 370 At the request of Mr. WHITEHOUSE, fairs. At the request of Mr. COCHRAN, the the name of the Senator from Iowa By Mr. BLUNT (for himself, Mr. RISCH, Mr. ROBERTS, Mr. CORNYN, and Mrs. name of the Senator from New Hamp- (Mr. HARKIN) was added as a cosponsor FISCHER): shire (Mrs. SHAHEEN) was added as a co- of S. 780, a bill to amend title 35, S. 1377. A bill to amend title 5, United sponsor of S. 370, a bill to improve and United States Code, to provide for an States Code, to establish certain procedures expand geographic literacy among kin- exception from infringement for cer- for conducting in-person or telephonic inter- dergarten through grade 12 students in tain component parts of motor vehi- actions by executive branch employees with the United States by improving profes- cles. individuals, and for other purposes; to the sional development programs for kin- Committee on the Judiciary. S. 813 By Mr. BLUNT (for himself, Mr. RISCH, dergarten through grade 12 teachers of- At the request of Mrs. SHAHEEN, the Mr. ROBERTS, Ms. AYOTTE, Mr. fered through institutions of higher name of the Senator from Michigan GRASSLEY, Mr. CORNYN, Mr. COATS, education. (Ms. STABENOW) was added as a cospon- Mrs. FISCHER, and Mr. JOHANNS): S. 381 sor of S. 813, a bill to require that S. 1378. A bill to amend title 5, United At the request of Ms. AYOTTE, her Peace Corps volunteers be subject to States Code, to provide for investigative leave requirements with respect to Senior name was added as a cosponsor of S. the same limitations regarding cov- Executive Service employees, and for other 381, a bill to award a Congressional erage of abortion services as employees purposes; to the Committee on Homeland Se- Gold Medal to the World War II mem- of the Peace Corps with respect to cov- curity and Governmental Affairs. bers of the ‘‘Doolittle Tokyo Raiders’’, erage of such services, and for other f for outstanding heroism, valor, skill, purposes. and service to the United States in S. 892 SUBMISSION OF CONCURRENT AND conducting the bombings of Tokyo. SENATE RESOLUTIONS At the request of Ms. AYOTTE, her S. 403 name was added as a cosponsor of S. The following concurrent resolutions At the request of Mr. CASEY, the 892, a bill to amend the Iran Threat Re- and Senate resolutions were read, and name of the Senator from Colorado duction and Syria Human Rights Act referred (or acted upon), as indicated: (Mr. UDALL) was added as a cosponsor of 2012 to impose sanctions with re- By Mr. COONS: of S. 403, a bill to amend the Elemen- spect to certain transactions in foreign S. Res. 199. A resolution celebrating the tary and Secondary Education Act of currencies, and for other purposes. 200th August Quarterly Festival taking place from August 18, 2013, through August 25, 2013, 1965 to address and take action to pre- S. 896 in Wilmington, Delaware; to the Committee vent bullying and harassment of stu- At the request of Mr. BEGICH, the on the Judiciary. dents. name of the Senator from Vermont By Mr. WARNER (for himself, Ms. MI- S. 462 (Mr. SANDERS) was added as a cospon- KULSKI, Mr. BURR, Mr. BLUNT, Mrs. At the request of Mrs. BOXER, the sor of S. 896, a bill to amend title II of FEINSTEIN, Mr. CHAMBLISS, Mr. name of the Senator from South Caro- the Social Security Act to repeal the ROCKEFELLER, Mr. ROBERTS, Mr. RAHAM KAINE, Mr. RUBIO, Mr. DURBIN, Mr. lina (Mr. G ) was added as a co- Government pension offset and wind- HATCH, Mr. MANCHIN, Mr. SCHATZ, sponsor of S. 462, a bill to enhance the fall elimination provisions. Mr. UDALL of Colorado, Mr. RISCH, strategic partnership between the S. 966 Mr. KING, Mr. WHITEHOUSE, Mr. United States and Israel. At the request of Mr. CARDIN, the WYDEN, Mr. HEINRICH, Mr. COATS, Ms. S. 554 name of the Senator from Connecticut COLLINS, Mr. COBURN, and Ms. At the request of Mr. ISAKSON, the (Mr. MURPHY) was added as a cosponsor HIRONO): S. Res. 200. A resolution designating July names of the Senator from New Hamp- of S. 966, a bill to amend the Internal 26, 2013, as ‘‘United States Intelligence Pro- shire (Ms. AYOTTE) and the Senator Revenue Code of 1986 to increase par- fessionals Day’’; considered and agreed to. from Iowa (Mr. HARKIN) were added as ticipation in medical flexible spending By Mr. BLUNT (for himself, Mr. SCHU- cosponsors of S. 554, a bill to provide arrangements. MER, Mr. CARDIN, Ms. MIKULSKI, and for a biennial budget process and a bi- S. 971 Mr. RUBIO): ennial appropriations process and to At the request of Mr. WYDEN, the S. Res. 201. A resolution designating the enhance oversight and the performance first Wednesday in September 2013 as ‘‘Na- name of the Senator from West Vir- tional Polycystic Kidney Disease Awareness of the Federal Government. ginia (Mr. MANCHIN) was added as a co- Day’’ and raising awareness and under- S. 573 sponsor of S. 971, a bill to amend the standing of polycystic kidney disease; con- At the request of Ms. COLLINS, the Federal Water Pollution Control Act to sidered and agreed to. name of the Senator from Missouri exempt the conduct of silvicultural ac- By Mr. KAINE (for himself, Mr. MENEN- (Mrs. MCCASKILL) was added as a co- tivities from national pollutant dis- DEZ, Mr. BLUMENTHAL, Mr. BAUCUS, sponsor of S. 573, a bill to amend title charge elimination system permitting Mr. WYDEN, Mrs. GILLIBRAND, Mr. ROCKEFELLER, Mr. TESTER, Ms. KLO- 40, United States Code, to improve vet- requirements. BUCHAR, Mr. DONNELLY, and Ms. WAR- erans service organizations access to S. 987 REN): Federal surplus personal property. At the request of Mr. SCHUMER, the S. Con. Res. 20. A concurrent resolution en- S. 653 names of the Senator from Delaware couraging peace and reunification on the Ko- At the request of Mr. BLUNT, the (Mr. COONS) and the Senator from Ha- rean Peninsula; to the Committee on For- eign Relations. name of the Senator from Idaho (Mr. waii (Ms. HIRONO) were added as co- CRAPO) was added as a cosponsor of S. sponsors of S. 987, a bill to maintain f 653, a bill to provide for the establish- the free flow of information to the pub- ADDITIONAL COSPONSORS ment of the Special Envoy to Promote lic by providing conditions for the fed- S. 337 Religious Freedom of Religious Minori- erally compelled disclosure of informa- At the request of Ms. STABENOW, the ties in the Near East and South Cen- tion by certain persons connected with name of the Senator from Wisconsin tral Asia. the news media. (Ms. BALDWIN) was added as a cospon- S. 769 S. 1039 sor of S. 337, a bill to provide an incen- At the request of Mr. DURBIN, the At the request of Mr. MERKLEY, the tive for businesses to bring jobs back name of the Senator from Connecticut name of the Senator from Montana to America. (Mr. MURPHY) was added as a cosponsor (Mr. TESTER) was added as a cosponsor

VerDate Mar 15 2010 03:04 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.031 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5970 CONGRESSIONAL RECORD — SENATE July 25, 2013 of S. 1039, a bill to amend title 38, (Mr. BARRASSO) was added as a cospon- (2) recognizes the historical significance of United States Code, to expand the Ma- sor of amendment No. 1751 proposed to the August Quarterly Festival and the role rine Gunnery Sergeant John David Fry S. 1243, an original bill making appro- the festival has played since 1814 in cele- scholarship to include spouses of mem- priations for the Departments of brating faith, community, culture, and free- bers of the Armed Forces who die in dom; Transportation, and Housing and (3) honors the life of leadership, faith, and the line of duty, and for other pur- Urban Development, and related agen- service of Peter Spencer, founder of the Afri- poses. cies for the fiscal year ending Sep- can Union Church and of the August Quar- S. 1140 tember 30, 2014, and for other purposes. terly Festival; and At the request of Mrs. GILLIBRAND, AMENDMENT NO. 1783 (4) recognizes the service volunteers and religious leaders who ensure that the legacy the names of the Senator from Con- At the request of Mr. MURPHY, the necticut (Mr. BLUMENTHAL) and the of Peter Spencer lives on through the con- name of the Senator from Oregon (Mr. tinuation of the August Quarterly Festival. Senator from New Jersey (Mr. MENEN- MERKLEY) was added as a cosponsor of DEZ) were added as cosponsors of S. amendment No. 1783 proposed to S. f 1140, a bill to extend the authorization 1243, an original bill making appropria- SENATE RESOLUTION 200—DESIG- of the Highlands Conservation Act tions for the Departments of Transpor- NATING JULY 26, 2013, AS through fiscal year 2024. tation, and Housing and Urban Devel- ‘‘UNITED STATES INTELLIGENCE S. 1254 opment, and related agencies for the PROFESSIONALS DAY’’ At the request of Mr. NELSON, the fiscal year ending September 30, 2014, names of the Senator from Hawaii (Mr. Mr. WARNER (for himself, Ms. MI- and for other purposes. KULSKI, Mr. BURR, Mr. BLUNT, Mrs. SCHATZ) and the Senator from New AMENDMENT NO. 1792 FEINSTEIN, Mr. CHAMBLISS, Mr. ROCKE- York (Mrs. GILLIBRAND) were added as cosponsors of S. 1254, a bill to amend At the request of Mr. MURPHY, the FELLER, Mr. ROBERTS, Mr. KAINE, Mr. the Harmful Algal Blooms and Hypoxia names of the Senator from North Caro- RUBIO, Mr. DURBIN, Mr. HATCH, Mr. Research and Control Act of 1998, and lina (Mrs. HAGAN) and the Senator MANCHIN, Mr. SCHATZ, Mr. UDALL of for other purposes. from Michigan (Mr. LEVIN) were added Colorado, Mr. RISCH, Mr. KING, Mr. WHITEHOUSE, Mr. WYDEN, Mr. HEINRICH, S. 1313 as cosponsors of amendment No. 1792 Mr. COATS, Ms. COLLINS, Mr. COBURN, At the request of Mr. RUBIO, the intended to be proposed to S. 1243, an and Ms. HIRONO) submitted the fol- name of the Senator from Arizona (Mr. original bill making appropriations for lowing resolution; which was consid- FLAKE) was added as a cosponsor of S. the Departments of Transportation, ered and agreed to.: 1313, a bill to promote transparency, and Housing and Urban Development, accountability, and reform within the and related agencies for the fiscal year S. RES. 200 United Nations system, and for other ending September 30, 2014, and for Whereas on July 26, 1908, Attorney General purposes. other purposes. Charles Bonaparte ordered newly-hired Fed- eral investigators to report to the Office of f S. 1324 the Chief Examiner of the Department of At the request of Mr. BARRASSO, the SUBMITTED RESOLUTIONS Justice, which subsequently was renamed names of the Senator from Arkansas the Federal Bureau of Investigation; (Mr. BOOZMAN) and the Senator from Whereas on July 26, 1947, President Tru- Mississippi (Mr. COCHRAN) were added SENATE RESOLUTION 199—CELE- man signed the National Security Act of 1947 as cosponsors of S. 1324, a bill to pro- BRATING THE 200TH AUGUST (50 U.S.C. 3001 et seq.), creating the Depart- hibit any regulations promulgated pur- QUARTERLY FESTIVAL TAKING ment of Defense, the National Security suant to a presidential memorandum PLACE FROM AUGUST 18, 2013, Council, the Central Intelligence Agency, and the Joint Chiefs of Staff, thereby laying relating to power sector carbon pollu- THROUGH AUGUST 25, 2013, IN the foundation for today’s intelligence com- tion standards from taking effect. WILMINGTON, DELAWARE munity; S. 1340 Mr. COONS submitted the following Whereas the National Security Act of 1947, At the request of Mr. ROCKEFELLER, resolution; which was referred to the which appears in title 50 of the United States the name of the Senator from Massa- Committee on the Judiciary.: Code, governs the definition, composition, chusetts (Mr. MARKEY) was added as a responsibilities, authorities, and oversight of S. RES. 199 cosponsor of S. 1340, a bill to improve the intelligence community of the United passenger vessel security and safety, Whereas, 200 years before the date of agree- States; ment to this resolution, in 1813, Peter Spen- Whereas the intelligence community is de- and for other purposes. cer founded the African Union Church, 1 of fined by section 3(4) of the National Security S. 1343 the first African-American institutions le- Act of 1947 (50 U.S.C. 3003(4)) to include the At the request of Mrs. FISCHER, her gally incorporated within the United States; Office of the Director of National Intel- name was added as a cosponsor of S. Whereas, 1 year later, in 1814, Spencer and ligence, the Central Intelligence Agency, the 1343, a bill to protect the information the African Union Church convened the first National Security Agency, the Defense Intel- of livestock producers, and for other August Quarterly meeting and festival in ligence Agency, the National Geospatial-In- purposes. Wilmington, Delaware, bringing thousands of telligence Agency, the National Reconnais- African Americans together to celebrate sance Office, other offices within the Depart- S. 1361 their faith; ment of Defense for the collection of special- At the request of Mr. MURPHY, the Whereas the August Quarterly (or ‘‘Big ized national intelligence through reconnais- names of the Senator from Connecticut Quarterly’’) Festival became a meeting place sance programs, the intelligence elements of (Mr. BLUMENTHAL) and the Senator for African Americans celebrating freedom, the Army, the Navy, the Air Force, the Ma- from Maine (Ms. COLLINS) were added sharing in solidarity, and looking for rel- rine Corps, the Coast Guard, the Federal Bu- as cosponsors of S. 1361, a bill to direct atives lost or sold in the institution of slav- reau of Investigation, the Drug Enforcement the Secretary of Homeland Security to ery, and a means through which Harriett Administration, and the Department of En- accept additional documentation when Tubman and other conductors and station ergy, the Bureau of Intelligence and Re- considering the application for vet- masters of the Underground Railroad met search of the Department of State, the Office erans status of an individual who per- with those looking to escape the bonds of of Intelligence and Analysis of the Depart- slavery; ment of the Treasury, the elements of the formed service as a coastwise merchant Whereas the August Quarterly Festival is Department of Homeland Security concerned seaman during World War II, and for well recognized as the longest continuously with the analysis of intelligence informa- other purposes. celebrated African-American festival in the tion, and other elements as may be des- S. RES. 153 United States; and ignated; At the request of Mr. PORTMAN, his Whereas, from August 18, 2013, through Au- Whereas July 26, 2012, was the 65th anni- name was added as a cosponsor of S. gust 25, 2013, thousands of people will come versary of the signing of the National Secu- Res. 153, a resolution recognizing the together in Wilmington, Delaware to cele- rity Act of 1947 (50 U.S.C. 3001 et seq.); 200th anniversary of the Battle of Lake brate the 200th August Quarterly Festival: Whereas the Intelligence Reform and Ter- Now, therefore, be it rorism Prevention Act of 2004 (Public Law Erie. Resolved, That the Senate— 108–458; 118 Stat. 3638) created the position of AMENDMENT NO. 1751 (1) celebrates the 200th August Quarterly the Director of National Intelligence to serve At the request of Mr. COBURN, the Festival taking place from August 18, 2013, as the head of the intelligence community name of the Senator from Wyoming through August 25, 2013; and to ensure that national intelligence be

VerDate Mar 15 2010 03:04 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.032 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5971 timely, objective, independent of political causes damage to the kidneys and the car- SENATE CONCURRENT RESOLU- considerations, and based upon all sources diovascular, endocrine, hepatic, and gastro- TION 20—ENCOURAGING PEACE available; intestinal organ systems; AND REUNIFICATION ON THE KO- Whereas Congress has previously passed Whereas polycystic kidney disease has a REAN PENINSULA joint resolutions, signed by the President, to devastating impact on the health and fi- designate Peace Officers Memorial Day on nances of people of all ages, and equally af- Mr. KAINE (for himself, Mr. MENEN- May 15, Patriot Day on September 11, and fects people of all races, genders, nationali- DEZ, Mr. BLUMENTHAL, Mr. BAUCUS, Mr. other commemorative occasions, to honor ties, geographic locations, and income levels; WYDEN, Mrs. GILLIBRAND, Mr. ROCKE- the sacrifices of law enforcement officers and Whereas, of the people diagnosed with FELLER, Mr. TESTER, Ms. KLOBUCHAR, of those who lost their lives on September 11, polycystic kidney disease, approximately 10 Mr. DONNELLY, and Ms. WARREN) sub- 2001; percent have no family history of the dis- mitted the following concurrent resolu- Whereas the United States has increas- ease, with the disease developing as a spon- ingly relied upon the men and women of the tion; which was referred to the Com- taneous (or new) mutation; intelligence community to protect and de- mittee on Foreign Relations: Whereas there is no treatment or cure for fend the security of the United States in the S. CON. RES. 20 polycystic kidney disease, which is one of decade since the attacks of September 11, the 4 leading causes of kidney failure in the Whereas the Republic of Korea (in this res- 2001; olution referred to as ‘‘South Korea’’) and United States; Whereas the men and women of the intel- the Democratic People’s Republic of Korea Whereas the vast majority of patients with ligence community, both civilian and mili- (in this resolution referred to as ‘‘North polycystic kidney disease reach kidney fail- tary, have been increasingly called upon to Korea’’) have never formally ended hos- deploy to theaters of war in Iraq, Afghani- ure at an average age of 53, causing a severe tilities and have been technically in a state stan, and elsewhere since September 11, 2001; strain on dialysis and kidney transplan- of war since the Armistice Agreement was Whereas numerous intelligence officers of tation resources and on the delivery of signed on July 27, 1953; the elements of the intelligence community health care in the United States as the larg- Whereas the United States, as representing have been injured or killed in the line of est segment of the population of the United the United Nations Forces Command which duty; States, the ‘‘baby boomers’’, continues to was a signatory to the Armistice Agreement, Whereas intelligence officers of the United age; and with 28,500 of its troops currently sta- States are routinely called upon to accept Whereas polycystic kidney disease instills tioned in South Korea, has a stake in the personal hardship and sacrifice in the fur- in patients fear of an unknown future with a progress towards peace and reunification on therance of their mission to protect the life-threatening genetic disease and appre- the Korean Peninsula; United States, to undertake dangerous as- hension over possible discrimination, includ- Whereas progress towards peace and reuni- signments in the defense of the interests of ing the risk of losing their health and life in- fication on the Korean Peninsula would the United States, to collect reliable infor- surance, their jobs, and their chances for mean greater security and prosperity for the mation within prescribed legal authorities promotion; region and the world; upon which the leaders of the United States Whereas countless friends, loved ones, Whereas, at the end of World War II, Korea rely in life-and-death situations, and to spouses, and caregivers must shoulder the officially gained independence from Japanese ‘‘speak truth to power.’’ by providing their physical, emotional, and financial burdens rule, as agreed to at the Cairo Conference on best assessments to decision makers, regard- that polycystic kidney disease causes; November 22, 1943, through November 26, less of political and policy considerations; Whereas the severity of the symptoms of 1943; Whereas the men and women of the intel- polycystic kidney disease and the limited Whereas, on August 10, 1945, the Korean ligence community have on numerous occa- public awareness of the disease cause many Peninsula was temporarily divided along the sions succeeded in preventing attacks upon patients to live in denial and forego regular 38th parallel into two military occupation the United States and allies of the United visits to their physicians or avoid following zones commanded by the United States and States, saving numerous innocent lives; and the Soviet Union; good health management, which would help Whereas intelligence officers of the United Whereas, on June 25, 1950, communist avoid more severe complications when kid- States must of necessity often remain un- North Korea invaded the South, thereby ini- ney failure occurs; known and unrecognized for their substan- tiating the Korean War and diminishing tial achievements and successes: Now, there- Whereas people who have chronic, life- prospects for a peaceful unification of Korea; fore, be it threatening diseases like polycystic kidney Whereas, during the Korean War, approxi- Resolved, That the Senate— disease have a predisposition to depression mately 1,789,000 members of the United (1) designates July 26, 2013, as ‘‘United and its resultant consequences of 7 times the States Armed Forces served in-theater along States Intelligence Professionals Day’’; national average because of their anxiety with the South Korean forces and 20 other (2) acknowledges the courage, fidelity, sac- over pain, suffering, and premature death; members of the United Nations to secure rifice, and professionalism of the men and and peace on the Korean Peninsula and in the women of the intelligence community of the Whereas the PKD Foundation and its more Asia-Pacific region; United States; and than 60 volunteer chapters around the Whereas, since the end of the Korean War (3) encourages the people of the United United States are dedicated to conducting era, the United States Armed Forces have re- States to observe this day with appropriate research to find treatments and a cure for mained in South Korea to promote regional ceremonies and activities. polycystic kidney disease, fostering public peace; f awareness and understanding of the disease, Whereas provocations by the Government educating patients and their families about of North Korea in recent years have esca- SENATE RESOLUTION 201—DESIG- the disease to improve their treatment and lated tension and instability in the Asia-Pa- NATING THE FIRST WEDNESDAY care, and providing support and encouraging cific region; IN SEPTEMBER 2013 AS ‘‘NA- people to become organ donors, including by Whereas one of the largest obstacles to TIONAL POLYCYSTIC KIDNEY sponsoring the annual ‘‘Walk for PKD’’ to peace and reunification on the Korean Penin- DISEASE AWARENESS DAY’’ AND raise funds for polycystic kidney disease re- sula is the presence of nuclear weapons in RAISING AWARENESS AND UN- search, education, advocacy, and awareness: North Korea; Now, therefore, be it Whereas the refusal of the Government of DERSTANDING OF POLYCYSTIC North Korea to denuclearize disrupts peace KIDNEY DISEASE Resolved, That the Senate— and security on the Korean Peninsula; (1) designates the first Wednesday in Sep- Mr. BLUNT (for himself, Mr. SCHU- Whereas, beginning in 2003, the United tember 2013 as ‘‘National Polycystic Kidney MER, Mr. CARDIN, Ms. MIKULSKI, and States, along with the two Koreas, Japan, Disease Awareness Day’’; the People’s Republic of China, and the Rus- Mr. RUBIO) submitted the following res- (2) supports the goals and ideals of Na- olution; which was considered and sian Federation, have engaged in six rounds tional Polycystic Kidney Disease Awareness of Six-Party Talks aimed at the verifiable agreed to.: Day to raise public awareness and under- and irreversible denuclearization of the Ko- S. RES. 201 standing of polycystic kidney disease; rean Peninsula and finding a peaceful resolu- Whereas National Polycystic Kidney Dis- (3) recognizes the need for additional re- tion to the security concerns resulting from ease Awareness Day will raise public aware- search to find a cure for polycystic kidney North Korea’s nuclear development; ness and understanding of polycystic kidney disease; and Whereas the three-mile wide buffer zone disease, one of the most prevalent, life- (4) encourages all people in the United between the two Koreas, known as the De- threatening genetic kidney diseases; States and interested groups to support Na- militarized Zone, or DMZ, is the most heav- Whereas National Polycystic Kidney Dis- tional Polycystic Kidney Awareness Day ily armed border in the world; ease Awareness Day will also foster under- through appropriate ceremonies and activi- Whereas the Korean War separated more standing of the impact polycystic kidney dis- ties to promote public awareness of poly- than 10,000,000 Korean family members, in- ease has on patients and their families; cystic kidney disease and to foster under- cluding 100,000 Korean Americans who, after Whereas polycystic kidney disease is a pro- standing of the impact of the disease on pa- 60 years of separation, are still waiting to gressive, genetic disorder of the kidneys that tients and their families. see their families in North Korea;

VerDate Mar 15 2010 03:04 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.034 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5972 CONGRESSIONAL RECORD — SENATE July 25, 2013 Whereas reunification remains a long-term to the bill S. 1243, supra; which was ordered ernment by allowing each State to manage goal of South Korea; to lie on the table. its own affairs. Whereas South Korea and North Korea are SA 1808. Mr. GRAHAM submitted an (b) PURPOSES.—The purposes of this title both full members of the United Nations, amendment intended to be proposed by him are— whose stated purpose includes maintaining to the bill S. 1243, supra; which was ordered (1) to return to the individual States max- international peace and security, and to that to lie on the table. imum discretionary authority and fiscal re- end ‘‘take effective collective measures for SA 1809. Mr. BLUMENTHAL submitted an sponsibility for all elements of the national the prevention and removal of threats to the amendment intended to be proposed by him surface transportation systems that are not peace’’; to the bill S. 1243, supra; which was ordered within the direct purview of the Federal Whereas the Governments and people of to lie on the table. Government; the United States and South Korea have con- SA 1810. Mr. WICKER submitted an amend- (2) to preserve Federal responsibility for tinuously stood shoulder-to-shoulder to pro- ment intended to be proposed by him to the the Dwight D. Eisenhower National System mote and defend international peace and se- bill S. 1243, supra; which was ordered to lie of Interstate and Defense Highways; curity, economic prosperity, human rights, on the table. (3) to preserve the responsibility of the De- and the rule of law both on the Korean Pe- SA 1811. Mr. WHITEHOUSE submitted an partment of Transportation for— ninsula and beyond, and the denuclearization amendment intended to be proposed by him (A) design, construction, and preservation of North Korea; and to the bill S. 1243, supra; which was ordered of transportation facilities on Federal public Whereas July 27, 2013, marks the 60th anni- to lie on the table. land; versary of the Armistice Agreement of the SA 1812. Mr. MENENDEZ submitted an (B) national programs of transportation re- Korean War: Now, therefore, be it amendment intended to be proposed by him search and development and transportation Resolved by the Senate (the House of Rep- to the bill S. 1243, supra; which was ordered safety; and resentatives concurring), That Congress— to lie on the table. (C) emergency assistance to the States in (1) recognizes the historical importance of f response to natural disasters; the Korean War, which began on June 25, (4) to eliminate to the maximum extent 1950; TEXT OF AMENDMENTS practicable Federal obstacles to the ability (2) honors the noble service and sacrifice of SA 1798. Mr. LEE submitted an of each State to apply innovative solutions members of the United States Armed Forces amendment intended to be proposed by to the financing, design, construction, oper- and the armed forces of allied countries that him to the bill S. 1243, making appro- ation, and preservation of Federal and State have served in Korea since 1950; transportation facilities; and (3) reaffirms the commitment of the priations for the Departments of (5) with respect to transportation activi- United States to its alliance with South Transportation, and Housing and ties carried out by States, local govern- Korea for the betterment of peace and pros- Urban Development, and related agen- ments, and the private sector, to encour- perity on the Korean Peninsula; and cies for the fiscal year ending Sep- age— (4) calls on the Government of North Korea tember 30, 2014, and for other purposes; (A) competition among States, local gov- to abide by international law and cease its which was ordered to lie on the table; ernments, and the private sector; and nuclear weapons program and denuclearize as follows: (B) innovation, energy efficiency, private completely in order to resume talks that sector participation, and productivity. At the appropriate place, insert the fol- could eventually lead to peace and reunifica- lowing: SEC. 3. FUNDING LIMITATION. tion. Notwithstanding any other provision of TITLE ll—TRANSPORTATION f law, if the Secretary of Transportation de- EMPOWERMENT ACT termines for any of fiscal years 2015 through AMENDMENTS SUBMITTED AND SEC. 1. SHORT TITLE. 2019 that the aggregate amount required to PROPOSED This title may be cited as the ‘‘Transpor- carry out transportation programs and SA 1798. Mr. LEE submitted an amendment tation Empowerment Act’’. projects under this title and amendments intended to be proposed by him to the bill S. SEC. 2. FINDINGS AND PURPOSES. made by this title exceeds the estimated ag- 1243, making appropriations for the Depart- (a) FINDINGS.—Congress finds that— gregate amount in the Highway Trust Fund ments of Transportation, and Housing and (1) the objective of the Federal highway available for those programs and projects for Urban Development, and related agencies for program has been to facilitate the construc- the fiscal year, each amount made available the fiscal year ending September 30, 2014, and tion of a modern freeway system that pro- for such a program or project shall be re- for other purposes; which was ordered to lie motes efficient interstate commerce by con- duced by the pro rata percentage required to on the table. necting all States; reduce the aggregate amount required to SA 1799. Mr. INHOFE submitted an amend- (2) that objective has been attained, and carry out those programs and projects to an ment intended to be proposed by him to the the Interstate System connecting all States amount equal to that available for those pro- bill S. 1243, supra; which was ordered to lie is near completion; grams and projects in the Highway Trust on the table. (3) each State has the responsibility of pro- Fund for the fiscal year. SA 1800. Mrs. McCASKILL (for herself and viding an efficient transportation network SEC. 4. FUNDING FOR CORE HIGHWAY PRO- Mr. BLUNT) submitted an amendment infor the residents of the State; GRAMS. tended to be proposed by her to the bill S. (4) each State has the means to build and (a) IN GENERAL.— 1243, supra; which was ordered to lie on the operate a network of transportation sys- (1) AUTHORIZATION OF APPROPRIATIONS.— table. tems, including highways, that best serves The following sums are authorized to be ap- SA 1801. Mrs. McCASKILL (for herself and the needs of the State; propriated out of the Highway Trust Fund Mr. COBURN) submitted an amendment in- (5) each State is best capable of deter- (other than the Mass Transit Account): tended to be proposed by her to the bill S. mining the needs of the State and acting on (A) FEDERAL-AID HIGHWAY PROGRAM.—For 1243, supra; which was ordered to lie on the those needs; the national highway performance program table. (6) the Federal role in highway transpor- under section 119 of title 23, United States SA 1802. Mr. SCHUMER (for himself, Mr. tation has, over time, usurped the role of the Code, the surface transportation program CARDIN, Mrs. GILLIBRAND, and Mr. MENEN- States by taxing motor fuels used in the under section 133 of that title, the highway DEZ) submitted an amendment intended to be States and then distributing the proceeds to safety improvement program under section proposed by him to the bill S. 1243, supra; the States based on the Federal Govern- 148 of that title, the congestion mitigation which was ordered to lie on the table. ment’s perceptions of what is best for the and air quality improvement program under SA 1803. Mr. MCCAIN submitted an amend- States; section 149 of that title, and to carry out sec- ment intended to be proposed by him to the (7) the Federal Government has used the tion 134 of that title— bill S. 1243, supra. Federal motor fuels tax revenues to force all (i) $37,592,576,000 for fiscal year 2015; SA 1804. Ms. COLLINS submitted an States to take actions that are not nec- (ii) $19,720,696,000 for fiscal year 2016; amendment intended to be proposed by her essarily appropriate for individual States; (iii) $13,147,130,000 for fiscal year 2017; to the bill S. 1243, supra; which was ordered (8) the Federal distribution, review, and (iv) $10,271,196,000 for fiscal year 2018; and to lie on the table. enforcement process wastes billions of dol- (v) $7,600,685,000 for fiscal year 2019. SA 1805. Mr. WICKER submitted an amend- lars on unproductive activities; (B) EMERGENCY RELIEF.—For emergency re- ment intended to be proposed by him to the (9) Federal mandates that apply uniformly lief under section 125 of that title, bill S. 1243, supra; which was ordered to lie to all 50 States, regardless of the different $100,000,000 for each of fiscal years 2015 on the table. circumstances of the States, cause the through 2019. SA 1806. Ms. AYOTTE submitted an amend- States to waste billions of hard-earned tax (C) FEDERAL LANDS PROGRAMS.— ment intended to be proposed by her to the dollars on projects, programs, and activities (i) FEDERAL LANDS TRANSPORTATION PRO- bill S. 1243, supra; which was ordered to lie that the States would not otherwise under- GRAM.—For the Federal lands transportation on the table. take; and program under section 203 of that title, SA 1807. Mr. HOEVEN submitted an (10) Congress has expressed a strong inter- $300,000,000 for each of fiscal years 2015 amendment intended to be proposed by him est in reducing the role of the Federal Gov- through 2019, of which $240,000,000 of the

VerDate Mar 15 2010 03:04 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.036 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5973 amount made available for each fiscal year (A) Section 213 of title 23, United States ‘‘(B) in the case of kerosene, diesel fuel, shall be the amount for the National Park Code. and special motor fuels the tax rate of which Service and $30,000,000 of the amount made (B) The item relating to section 213 in the is the rate specified in section available for each fiscal year shall be the analysis for chapter 1 of title 23, United 4081(a)(2)(A)(iii), the core programs financing amount for the United States Fish and Wild- States Code. rate is— life Service. (7) NATIONAL DEFENSE HIGHWAYS.—Section ‘‘(i) after September 30, 2014, and before Oc- (ii) FEDERAL LANDS ACCESS PROGRAM.—For 311 of title 23, United States Code, is amend- tober 1, 2015, 24.3 cents per gallon, the Federal lands access program under sec- ed— ‘‘(ii) after September 30, 2015, and before tion 204 of that title, $250,000,000 for each of (A) in the first sentence, by striking October 1, 2016, 12.7 cents per gallon, fiscal years 2015 through 2019. ‘‘under subsection (a) of section 104 of this ‘‘(iii) after September 30, 2016, and before (D) ADMINISTRATIVE EXPENSES.—Section title’’ and inserting ‘‘to carry out this sec- October 1, 2017, 8.5 cents per gallon, 104(a)(1) of title 23, United States Code, is tion’’; and ‘‘(iv) after September 30, 2017, and before amended to read as follows: (B) by striking the second sentence. October 1, 2018, 6.6 cents per gallon, and ‘‘(1) IN GENERAL.—There are authorized to (8) FEDERALIZATION AND DEFEDERALIZATION ‘‘(v) after September 30, 2018, 5.0 cents per be appropriated from the Highway Trust OF PROJECTS.—Notwithstanding any other gallon. Fund (other than the Mass Transit Account) provision of law, beginning on October 1, ‘‘(2) APPLICATION OF RATE.—In the case of to be made available to the Secretary for ad- 2014— fuels used as described in paragraph (3)(C), ministrative expenses of the Federal High- (A) a highway construction or improve- (4)(B), and (5) of subsection (c), the core pro- way Administration— ment project shall not be considered to be a grams financing rate is zero.’’. ‘‘(A) $437,600,000 for fiscal year 2015; Federal highway construction or improve- (c) TERMINATION OF MASS TRANSIT AC- ‘‘(B) $229,565,000 for fiscal year 2016; ment project unless and until a State ex- COUNT.—Section 9503(e)(2) of the Internal ‘‘(C) $153,043,000 for fiscal year 2017; pends Federal funds for the construction por- Revenue Code of 1986 is amended— ‘‘(D) $119,565,000 for fiscal year 2018; and tion of the project; (1) by inserting ‘‘and before October 1, ‘‘(E) $88,478,000 for fiscal year 2019.’’. (B) a highway construction or improve- 2014’’ after ‘‘March 31, 1983’’, and (2) TRANSFERABILITY OF FUNDS.—Section ment project shall not be considered to be a (2) by adding at the end the following new 104 of title 23, United States Code, is amend- Federal highway construction or improve- paragraph: ed by striking subsection (f) and inserting ment project solely by reason of the expendi- ‘‘(6) TRANSFER TO HIGHWAY ACCOUNT.—On the following: ture of Federal funds by a State before the October 1, 2014, the Secretary shall transfer ‘‘(f) TRANSFERABILITY OF FUNDS.— construction phase of the project to pay ex- all amounts in the Mass Transit Account to ‘‘(1) IN GENERAL.—To the extent that a penses relating to the project, including for the Highway Account.’’. State determines that funds made available any environmental document or design work (d) EFFECTIVE DATE.—The amendments and under this title to the State for a purpose required for the project; and repeals made by this section take effect on are in excess of the needs of the State for (C)(i) a State may, after having used Fed- October 1, 2014. that purpose, the State may transfer the ex- eral funds to pay all or a portion of the costs SEC. 5. FUNDING FOR HIGHWAY RESEARCH AND cess funds to, and use the excess funds for, of a highway construction or improvement DEVELOPMENT PROGRAM. any surface transportation (including mass project, reimburse the Federal Government (a) AUTHORIZATION OF APPROPRIATIONS.— transit and rail) purpose in the State. in an amount equal to the amount of Federal There is authorized to be appropriated out of ‘‘(2) ENFORCEMENT.—If the Secretary deter- funds so expended; and the Highway Trust Fund (other than the mines that a State has transferred funds (ii) after completion of a reimbursement Mass Transit Account) to carry out sections under paragraph (1) to a purpose that is not described in clause (i), a highway construc- 503(b), 503(d), and 509 of title 23, United a surface transportation purpose as described tion or improvement project described in States Code, $115,000,000 for each of fiscal in paragraph (1), the amount of the improp- that clause shall no longer be considered to years 2015 through 2019. erly transferred funds shall be deducted from be a Federal highway construction or im- (b) APPLICABILITY OF TITLE 23, UNITED any amount the State would otherwise re- provement project. STATES CODE.—Funds authorized to be appro- ceive from the Highway Trust Fund for the (9) REPORTING REQUIREMENTS.—No report- priated by subsection (a) shall— fiscal year that begins after the date of the ing requirement, other than a reporting re- (1) be available for obligation in the same determination.’’. quirement in effect as of the date of enact- manner as if those funds were apportioned (3) FEDERAL-AID SYSTEM.— ment of this Act, shall apply on or after Oc- under chapter 1 of title 23, United States (A) IN GENERAL.—Section 103(a) of title 23, tober 1, 2014, to the use of Federal funds for Code, except that the Federal share of the United States Code, is amended by striking highway projects by a public-private part- cost of a project or activity carried out using ‘‘the National Highway System, which in- nership. those funds shall be 80 percent, unless other- cludes’’. (b) EXPENDITURES FROM HIGHWAY TRUST wise expressly provided by this Act (includ- (B) CONFORMING AMENDMENTS.—Chapter 1 FUND.— ing the amendments by this Act) or other- of title 23, United States Code, is amended— (1) EXPENDITURES FOR CORE PROGRAMS.— wise determined by the Secretary; and (i) in section 103 by striking the section Section 9503(c) of the Internal Revenue Code (2) remain available until expended and not designation and heading and inserting the of 1986 is amended— be transferable. following: (A) in paragraph (1)— SEC. 6. RETURN OF EXCESS TAX RECEIPTS TO ‘‘§ 103. Federal-aid system’’; and (i) by striking ‘‘October 1, 2014’’ and insert- STATES. ing ‘‘October 1, 2020’’; and (ii) in the analysis by striking the item re- (a) IN GENERAL.—Section 9503(c) of the In- (ii) by striking ‘‘MAP–21’’ and inserting lating to section 103 and inserting the fol- ternal Revenue Code of 1986 is amended by ‘‘Transportation Empowerment Act’’; lowing: adding at the end the following: (B) in paragraphs (3)(A)(i), (4)(A), and (5), ‘‘(6) RETURN OF EXCESS TAX RECEIPTS TO ‘‘103. Federal-aid system.’’. by striking ‘‘October 1, 2016’’ each place it STATES FOR SURFACE TRANSPORTATION PUR- (4) CALCULATION OF STATE AMOUNTS.—Sec- appears and inserting ‘‘October 1, 2022’’; and POSES.— tion 104(c) of title 23, United States Code, is (C) in paragraph (2), by striking ‘‘July 1, ‘‘(A) IN GENERAL.—On the first day of each amended— 2017’’ and inserting ‘‘July 1, 2023’’. of fiscal years 2016, 2017, 2018, and 2019, the (A) in paragraph (2)— (2) AMOUNTS AVAILABLE FOR CORE PROGRAM Secretary, in consultation with the Sec- (i) in the paragraph heading by striking EXPENDITURES.—Section 9503 of such Code is retary of Transportation, shall— ‘‘FOR FISCAL YEAR 2014’’ and inserting amended by adding at the end the following: ‘‘(i) determine the excess (if any) of— ‘‘THEREAFTER’’; and ‘‘(g) CORE PROGRAMS FINANCING RATE.—For ‘‘(I) the amounts appropriated in such fis- (ii) in subparagraph (A) by striking ‘‘fiscal purposes of this section— cal year to the Highway Trust Fund under year 2014’’ and inserting ‘‘a fiscal year’’ ‘‘(1) IN GENERAL.—Except as provided in subsection (b) which are attributable to the (5) NATIONAL BRIDGE AND TUNNEL INVEN- paragraph (2)— taxes described in paragraphs (1) and (2) TORY AND INSPECTION STANDARDS.— ‘‘(A) in the case of gasoline and special thereof (after the application of paragraph (A) IN GENERAL.—Section 144 of title 23, motor fuels the tax rate of which is the rate (4) thereof) over the sum of— United States Code, is amended— specified in section 4081(a)(2)(A)(i), the core ‘‘(II) the amounts so appropriated which (i) in subsection (e)(1) by inserting ‘‘on the programs financing rate is— are equivalent to— Federal-aid system’’ after ‘‘any bridge’’; and ‘‘(i) after September 30, 2014, and before Oc- ‘‘(aa) such amounts attributable to the (ii) in subsection (f)(1) by inserting ‘‘on the tober 1, 2015, 18.3 cents per gallon, core programs financing rate for such year, Federal-aid system’’ after ‘‘construct any ‘‘(ii) after September 30, 2015, and before plus bridge’’. October 1, 2016, 9.6 cents per gallon, ‘‘(bb) the taxes described in paragraphs (B) REPEAL OF HISTORIC BRIDGES PROVI- ‘‘(iii) after September 30, 2016, and before (3)(C), (4)(B), and (5) of subsection (c), and SIONS.—Section 144(g) of title 23, United October 1, 2017, 6.4 cents per gallon, ‘‘(ii) allocate the amount determined under States Code, is repealed. ‘‘(iv) after September 30, 2017, and before clause (i) among the States (as defined in (6) REPEAL OF TRANSPORTATION ALTER- October 1, 2018, 5.0 cents per gallon, and section 101(a) of title 23, United States Code) NATIVES PROGRAM.—The following provisions ‘‘(v) after September 30, 2018, 3.7 cents per for surface transportation (including mass are repealed: gallon, and transit and rail) purposes so that—

VerDate Mar 15 2010 04:44 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.038 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5974 CONGRESSIONAL RECORD — SENATE July 25, 2013 ‘‘(I) the percentage of that amount allo- (A) before October 1, 2019, tax has been im- this Act and the amendments made by this cated to each State, is equal to posed under section 4081 of the Internal Rev- Act shall take effect only if— ‘‘(II) the percentage of the amount deter- enue Code of 1986 on any liquid; and (1) the Director of the Office of Manage- mined under clause (i)(I) paid into the High- (B) on such date such liquid is held by a ment and Budget (referred to in this section way Trust Fund in the latest fiscal year for dealer and has not been used and is intended as the ‘‘Director’’) submits the report as re- which such data are available which is at- for sale; quired in subsection (c); and tributable to highway users in the State. there shall be credited or refunded (without (2) the report contains a certification by ‘‘(B) ENFORCEMENT.—If the Secretary de- interest) to the person who paid such tax (in the Director that, based on the required esti- termines that a State has used amounts this subsection referred to as the ‘‘tax- mates, the reduction in discretionary out- under subparagraph (A) for a purpose which payer’’) an amount equal to the excess of the lays resulting from the reduction in contract is not a surface transportation purpose as de- tax paid by the taxpayer over the amount of authority is at least as great as the reduc- scribed in subparagraph (A), the improperly such tax which would be imposed on such liq- tion in revenues for each fiscal year through used amounts shall be deducted from any uid had the taxable event occurred on such fiscal year 2019. amount the State would otherwise receive date. (c) OMB ESTIMATES AND REPORT.— from the Highway Trust Fund for the fiscal (2) TIME FOR FILING CLAIMS.—No credit or (1) REQUIREMENTS.—Not later than 5 cal- year which begins after the date of the deter- refund shall be allowed or made under this endar days after the date of enactment of mination.’’. subsection unless— this Act, the Director shall— (b) EFFECTIVE DATE.—The amendment (A) claim therefor is filed with the Sec- (A) estimate the net change in revenues re- made by this section takes effect on October retary of the Treasury before April 1, 2020; sulting from this Act for each fiscal year 1, 2014. and through fiscal year 2019; SEC. 7. REDUCTION IN TAXES ON GASOLINE, DIE- (B) in any case where liquid is held by a (B) estimate the net change in discre- SEL FUEL, KEROSENE, AND SPECIAL dealer (other than the taxpayer) on October tionary outlays resulting from the reduction FUELS FUNDING HIGHWAY TRUST 1, 2019— in contract authority under this Act for each FUND. (i) the dealer submits a request for refund fiscal year through fiscal year 2019; (a) REDUCTION IN TAX RATE.— or credit to the taxpayer before January 1, (C) determine, based on those estimates, (1) IN GENERAL.—Section 4081(a)(2)(A) of 2020; and whether the reduction in discretionary out- the Internal Revenue Code of 1986 is amend- (ii) the taxpayer has repaid or agreed to lays is at least as great as the reduction in ed— repay the amount so claimed to such dealer revenues for each fiscal year through fiscal (A) in clause (i), by striking ‘‘18.3 cents’’ or has obtained the written consent of such year 2019; and and inserting ‘‘3.7 cents’’; and dealer to the allowance of the credit or the (D) submit to Congress a report setting (B) in clause (iii), by striking ‘‘24.3 cents’’ making of the refund. forth the estimates and determination. and inserting ‘‘5.0 cents’’. (3) EXCEPTION FOR FUEL HELD IN RETAIL (2) APPLICABLE ASSUMPTIONS AND GUIDE- (2) CONFORMING AMENDMENTS.— STOCKS.—No credit or refund shall be allowed LINES.— (A) Section 4081(a)(2)(D) of such Code is under this subsection with respect to any (A) REVENUE ESTIMATES.—The revenue esti- amended— liquid in retail stocks held at the place mates required under paragraph (1)(A) shall (i) by striking ‘‘19.7 cents’’ and inserting where intended to be sold at retail. be predicated on the same economic and ‘‘4.1 cents’’, and (4) DEFINITIONS.—For purposes of this sub- technical assumptions and score keeping (ii) by striking ‘‘24.3 cents’’ and inserting section, the terms ‘‘dealer’’ and ‘‘held by a guidelines that would be used for estimates ‘‘5.0 cents’’. dealer’’ have the respective meanings given made pursuant to section 252(d) of the Bal- (B) Section 6427(b)(2)(A) of such Code is to such terms by section 6412 of such Code; anced Budget and Emergency Deficit Control amended by striking ‘‘7.4 cents’’ and insert- except that the term ‘‘dealer’’ includes a pro- Act of 1985 (2 U.S.C. 902(d)). ing ‘‘1.5 cents’’. ducer. (B) OUTLAY ESTIMATES.—The outlay esti- (b) ADDITIONAL CONFORMING AMEND- (5) CERTAIN RULES TO APPLY.—Rules similar mates required under paragraph (1)(B) shall MENTS.— to the rules of subsections (b) and (c) of sec- be determined by comparing the level of dis- (1) Section 4041(a)(1)(C)(iii)(I) of the Inter- tion 6412 and sections 6206 and 6675 of such cretionary outlays resulting from this Act nal Revenue Code of 1986 is amended by Code shall apply for purposes of this sub- with the corresponding level of discretionary striking ‘‘7.3 cents per gallon (4.3 cents per section. outlays projected in the baseline under sec- gallon after September 30, 2016)’’ and insert- (d) EFFECTIVE DATES.— tion 257 of the Balanced Budget and Emer- ing ‘‘1.4 cents per gallon (zero after Sep- (1) IN GENERAL.—Except as provided in gency Deficit Control Act of 1985 (2 U.S.C. tember 30, 2021)’’. paragraph (2), the amendments made by this 907). (2) Section 4041(a)(2)(B)(ii) of such Code is section shall apply to fuel removed after (d) CONFORMING ADJUSTMENT TO DISCRE- amended by striking ‘‘24.3 cents’’ and insert- September 30, 2019. TIONARY SPENDING LIMITS.—On compliance ing ‘‘5.0 cents’’. (2) CERTAIN CONFORMING AMENDMENTS.—The with the requirements specified in sub- (3) Section 4041(a)(3)(A) of such Code is amendments made by subsections (b)(4) and section (b), the Director shall adjust the ad- amended by striking ‘‘18.3 cents’’ and insert- (b)(6) shall apply to fuel removed after Sep- justed discretionary spending limits for each ing ‘‘3.7 cents’’. tember 30, 2016. fiscal year through fiscal year 2019 under sec- (4) Section 4041(m)(1) of such Code is SEC. 8. REPORT TO CONGRESS. tion 601(a)(2) of the Congressional Budget amended— Not later than 180 days after the date of Act of 1974 (2 U.S.C. 665(a)(2)) by the esti- (A) in subparagraph (A), by striking ‘‘2016’’ enactment of this Act, after consultation mated reductions in discretionary outlays and inserting ‘‘2021,’’; with the appropriate committees of Con- under subsection (c)(1)(B). AGO INTERACTION.—On compliance (B) in subparagraph (A)(i), by striking ‘‘9.15 gress, the Secretary of Transportation shall (e) P with the requirements specified in sub- cents’’ and inserting ‘‘1.8 cents’’; submit a report to Congress describing such section (b), no changes in revenues estimated (C) in subparagraph (A)(ii), by striking technical and conforming amendments to ti- to result from the enactment of this Act ‘‘11.3 cents’’ and inserting ‘‘2.3 cents’’; and tles 23 and 49, United States Code, and such shall be counted for the purposes of section (D) by striking subparagraph (B) and in- technical and conforming amendments to 252(d) of the Balanced Budget and Emergency serting the following: other laws, as are necessary to bring those Deficit Control Act of 1985 (2 U.S.C. 902(d)). ‘‘(B) zero after September 30, 2021.’’. titles and other laws into conformity with (5) Section 4081(d)(1) of such Code is amend- the policy embodied in this Act and the ed by striking ‘‘4.3 cents per gallon after amendments made by this Act. SA 1799. Mr. INHOFE submitted an amendment intended to be proposed by September 30, 2016’’ and inserting ‘‘zero after SEC. 9. EFFECTIVE DATE CONTINGENT ON CER- September 30, 2021’’. TIFICATION OF DEFICIT NEU- him to the bill S. 1243, making appro- (6) Section 9503(b) of such Code is amend- TRALITY. priations for the Departments of ed— (a) PURPOSE.—The purpose of this section Transportation, and Housing and (A) in paragraphs (1) and (2), by striking is to ensure that— Urban Development, and related agen- ‘‘October 1, 2016’’ both places it appears and (1) this Act will become effective only if cies for the fiscal year ending Sep- inserting ‘‘October 1, 2021’’; the Director of the Office of Management tember 30, 2014, and for other purposes; (B) in the heading of paragraph (2), by and Budget certifies that this Act is deficit striking ‘‘OCTOBER 1, 2016’’ and inserting ‘‘OC- neutral; which was ordered to lie on the table; TOBER 1, 2021’’; (2) discretionary spending limits are re- as follows: (C) in paragraph (2), by striking ‘‘after Sep- duced to capture the savings realized in de- On page 46, between lines 13 and 14, insert tember 30, 2016, and before July 1, 2017’’ and volving transportation functions to the the following: inserting ‘‘after September 30, 2021, and be- State level pursuant to this Act; and (d) Section 32906(a) of title 49, United fore July 1, 2022’’; and (3) the tax reduction made by this Act is States Code, is amended by striking ‘‘(except (D) in paragraph (6)(B), by striking ‘‘Octo- not scored under pay-as-you-go and does not an electric automobile)’’ and inserting ‘‘(ex- ber 1, 2014’’ and inserting ‘‘October 1, 2019’’. inadvertently trigger a sequestration. cept an electric or natural gas automobile)’’. (c) FLOOR STOCK REFUNDS.— (b) EFFECTIVE DATE CONTINGENCY.—Not- (e) The National Highway Traffic Safety (1) IN GENERAL.—If— withstanding any other provision of this Act, Administration may not expend any

VerDate Mar 15 2010 04:44 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.038 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5975 amounts appropriated under this Act unless (4) the public notice requirements under (3) if and how the use of the funding com- chapter 329 of title 49, United States Code, is section 47107(h) of title 49, United States plies with the Federal Information Security being enforced in accordance with the Code. Management Act of 2002 (6 U.S.C. 101 et amendments made by this section. seq.)and any other applicable Federal law; SA 1801. Mrs. MCCASKILL (for her- (4) the performance metrics that will be SA 1800. Mrs. MCCASKILL (for herself and Mr. COBURN) submitted an used to measure and determine the effective- self and Mr. BLUNT) submitted an amendment intended to be proposed by ness of cyber security plans and programs; amendment intended to be proposed by her to the bill S. 1243, making appro- and her to the bill S. 1243, making appropriations for the Departments of (5) the strategy that will be employed to priations for the Departments of Transportation, and Housing and procure goods and services associated with the cyber security objectives of the Depart- Transportation, and Housing and Urban Development, and related agen- ment of Transportation. Urban Development, and related agencies for the fiscal year ending Sep- cies for the fiscal year ending Sep- tember 30, 2014, and for other purposes; SA 1804. Ms. COLLINS submitted an tember 30, 2014, and for other purposes; which was ordered to lie on the table; amendment intended to be proposed by which was ordered to lie on the table; as follows: her to the bill S. 1243, making appro- as follows: At the appropriate place, insert the fol- priations for the Departments of On page 24, between lines 16 and 17, insert lowing: Transportation, and Housing and the following: SEC. ll. PROHIBITION ON PERFORMANCE Urban Development, and related agen- SEC. 119F. (a) The United States, acting AWARDS IN THE SENIOR EXECUTIVE cies for the fiscal year ending Sep- through the Administrator of the Federal SERVICE. tember 30, 2014, and for other purposes; Aviation Administration, shall release the (a) DEFINITIONS.—In this section, the terms which was ordered to lie on the table; ‘‘agency’’ and ‘‘career appointee’’ have the City of St. Clair, Missouri, from all restric- as follows: tions, conditions, and limitations on the use, meanings given such terms in section 5381 of At the appropriate place, insert the fol- encumbrance, conveyance, and closure of the title 5, United States Code. lowing: St. Clair Regional Airport, as described in (b) PROHIBITION.—An agency may not use SEC. lll. Not later than October 1, 2013, the most recent airport layout plan approved amounts made available under this Act to pay an award under section 4507 or 5384 of the Committee on Appropriations of the Sen- by the Federal Aviation Administration, to ate shall revise the suballocations to the the extent such restrictions, conditions, and title 5, United States Code, to a career appointee during fiscal year 2014. subcommittees of the Committee on Appro- limitations are enforceable by the Adminis- priations of the Senate for fiscal year 2014 trator. SA 1802. Mr. SCHUMER (for himself, under section 302(b) of the Congressional (b) The release under subsection (a) shall Budget Act of 1974 (2 U.S.C. 633(b)) such that Mr. CARDIN, Mrs. GILLIBRAND, and Mr. not be executed until the City of St. Clair, or the suballocations comply with the discre- its designee, transfers to the Department of MENENDEZ) submitted an amendment tionary spending limits under the Balanced Transportation of the State of Missouri— intended to be proposed by him to the Budget and Emergency Deficit Control Act (1) the amounts described in subsection (c), bill S. 1243, making appropriations for of 1985 (2 U.S.C. 900 et seq.). to be used for capital improvements within the Departments of Transportation, the meaning of airport development (as de- and Housing and Urban Development, SA 1805. Mr. WICKER submitted an fined in section 47102(3) of title 49, United and related agencies for the fiscal year amendment intended to be proposed by States Code) and consistent with the obliga- ending September 30, 2014, and for him to the bill S. 1243, making appro- tions of the Department of Transportation of priations for the Departments of the State of Missouri under the State block other purposes; which was ordered to lie on the table; as follows: Transportation, and Housing and grant program of the Federal Aviation Ad- Urban Development, and related agen- ministration; and On page 26, line 4, insert ‘‘bridge’’ before cies for the fiscal year ending Sep- (2) for no consideration, all airport and ‘‘projects’’. aviation-related equipment of the St. Clair On page 26, line 5, insert ‘‘and section 24402 tember 30, 2014, and for other purposes; Regional Airport owned by the City of St. of title 49’’ after ‘‘title 23’’. which was ordered to lie on the table; Clair and determined by the Department of On page 26, line 14, strike ‘‘such title’’ and as follows: Transportation of the State of Missouri to be insert ‘‘title 23 or provided under section On page 169, between lines 22 and 23, insert salvageable for use. 24402 of title 49, United States Code, as appli- the following: (c) The amounts described in this sub- cable,’’. SEC. 244. Funds appropriated or otherwise section are the following: On page 26, line 15, after ‘‘112–141:’’ insert made available by this title for grants to be (1) An amount equal to the fair market ‘‘Provided further, That the Secretary may awarded by the Secretary of Housing and value for the highest and best use of the St. transfer funds provided under this heading to Urban Development shall be subject to the Clair Regional Airport property determined the Federal Railroad Administration to following accountability provisions: in good faith by an independent and qualified carry out projects under title 49, United (1) AUDIT REQUIREMENT.— real estate appraiser on or after the date of States Code:’’. (A) IN GENERAL.—Beginning in the first fis- the enactment of this Act. On page 26, line 18, strike ‘‘such title’’ and cal year beginning after the date of the en- (2) An amount equal to the unamortized insert ‘‘title 23, United States Code, or for actment of this title, and in each fiscal year portion of any Federal development grants projects under title 49, United States Code, thereafter, the Inspector General of the De- other than land paid to the City of St. Clair not less than 80 percent’’. partment of Housing and Development shall for use at the St. Clair Regional Airport, conduct audits of recipients of any grant which may be paid with and shall be an al- SA 1803. Mr. MCCAIN submitted an amounts appropriated or otherwise made lowable use of airport revenue notwith- amendment intended to be proposed by available under this title to prevent waste, standing section 47107 or 47133 of title 49, him to the bill S. 1243, making appro- fraud, and abuse of funds by grantees. The United States Code. priations for the Departments of Inspector General shall ensure that at least (3) An amount equal to the airport reve- Transportation, and Housing and 10 percent of all grantees receiving grant nues remaining in the airport account for Urban Development, and related agen- amounts appropriated or otherwise made the St. Clair Regional Airport as of the date available under this title are audited each of the enactment of this Act and otherwise cies for the fiscal year ending Sep- year. due to or received by the City of St. Clair tember 30, 2014, and for other purposes; (B) DEFINITION.—In this paragraph, the after such date of enactment pursuant to as follows: term ‘‘unresolved audit finding’’ means a sections 47107(b) and 47133 of title 49, United On page 12, between lines 12 and 13, insert finding in the final audit report of the In- States Code. the following: spector General of the Department of Hous- (d) The Federal Aviation Administration SEC. 1ll. None of the funds made avail- ing and Urban Development that the audited shall remove the runway end indicator light- able under this Act to the Department of grantee has utilized grant funds for an unau- ing system at St. Clair Regional Airport. Transportation for cyber security may be ob- thorized expenditure or otherwise unallow- (e) Nothing in this section shall be con- ligated or expended until the Secretary of able cost that is not closed or resolved with- strued to limit the applicability of— Transportation submits to the appropriate in 12 months from the date when the final (1) the requirements and processes under committees of Congress a detailed plan de- audit report is issued. section 46319 of title 49, United States Code; scribing how the funding will be allocated (C) MANDATORY EXCLUSION.—A recipient of (2) the requirements under the National and for what purposes, including a detailed grant amounts appropriated or otherwise Environmental Policy Act of 1969 (42 U.S.C. description of— made available under this title that is found 4321 et seq.); (1) how the cyber security funding will be to have an unresolved audit finding shall not (3) the requirements and processes under obligated or expended; be eligible to receive grant amounts appro- part 157 of title 14, Code of Federal Regula- (2) the programs and activities that will re- priated or otherwise made available under tions; or ceive cyber security funding; this title during the following 2 fiscal years.

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(D) PRIORITY.—In awarding amounts appro- (1) in subsection (a)(1)— that credible elections have been conducted priated or otherwise made available under (A) by redesignating subparagraphs (C) and in Egypt and a democratically elected gov- this title, the Secretary of Housing and (D) as subparagraphs (D) and (E), respec- ernment is in place; and Urban Development shall give priority to eli- tively; and (4) 25 percent of such funds may be made gible entities that did not have an unre- (B) by inserting after subparagraph (B) the available if the Secretary of State certifies solved audit finding during the 3 fiscal years following: to the appropriate congressional committees prior to submitting an application for grant ‘‘(C) is located not less than 90 driving that the newly elected Government of Egypt amounts appropriated or otherwise made miles from the nearest— is taking steps to govern democratically and available under this title. ‘‘(i) medium hub airport or large hub air- protect human rights and the rule of law (in- (E) REIMBURSEMENT.—If an entity is award- port; or cluding the rights of women and religious ed grant amounts appropriated or otherwise ‘‘(ii) small hub airport that was classified minorities). made available under this title during the 2- as a medium hub airport or large hub airport (b) None of the funds appropriated for as- fiscal-year period in which the entity is during the most recent 5-year period;’’; sistance for the Government of Egypt in fis- barred from receiving grants under subpara- (2) in subsection (c), by striking ‘‘subpara- cal year 2014 may be made available if such graph (B), the Secretary of Housing and graphs (B), (C), and (D)’’ and inserting ‘‘sub- government is not abiding by the 1979 Egypt- Urban Development shall— paragraphs (B), (C), (D), and (E)’’; Israel Peace Treaty. (i) deposit an amount equal to the grant (3) by striking subsection (d) and redesig- (c) The President shall submit to the ap- amounts that were improperly awarded to nating subsections (e) and (f) as subsections propriate congressional committees, concur- the grantee into the General Fund of the (d) and (e), respectively; and rent with the fiscal year 2015 budget request, Treasury; and (4) in subsection (d), as redesignated by a comprehensive and strategic review of (ii) seek to recoup the costs of the repay- paragraph (3)— military and economic assistance for Egypt: ment to the fund from the grant recipient (A) by striking ‘‘For fiscal year’’ and in- Provided, That in conducting such review, that was erroneously awarded grant funds. serting the following: the President shall consult with relevant (F) DISCLOSURE.—A recipient of grant ‘‘(1) ENPLANEMENTS REQUIREMENT.—For fis- Government of Egypt officials and represent- amounts appropriated or otherwise made cal year’’; and atives of civil society, and the appropriate available under this title shall disclose to (B) by adding at the end the following: congressional committees: Provided further, the Secretary of Housing and Urban Develop- ‘‘(2) DISTANCE REQUIREMENT.—The Sec- That such review shall include a detailed de- ment, in the application for the grant, if the retary may waive subsection (a)(1)(C) with scription of the purposes of such assistance, recipient has ever requested that a departing respect to a location if the Secretary deter- and the specific goals and objectives of fur- employee or contractor of the recipient sign mines that without the waiver there would thering political, military, and economic rean agreement, for compensation, delaying or be undue difficulty accessing the nearest me- forms in Egypt, including— declining to cooperate with any audits or in- dium hub airport or large hub airport as a (1) supporting democratic institutions (investigations performed by or on behalf of the result of geographic characteristics unique cluding an independent legislature and judi- United States Government relating to use of to the location.’’. ciary), an inclusive political process, and Federal housing grant amounts. regular conduct of free and fair elections at (2) NONPROFIT ORGANIZATION REQUIRE- SA 1807. Mr. HOEVEN submitted an all levels of government; MENTS.— amendment intended to be proposed by (2) promoting the rule of law (including (A) DEFINITION.—For purposes of this para- him to the bill S. 1243, making appro- equal access to justice, protection of the graph and any grant programs described in priations for the Departments of rights of women and religious minorities, this title, the term ‘‘nonprofit organization’’ Transportation, and Housing and and anti-corruption efforts); (3) supporting economic reforms (including means an organization that is described in Urban Development, and related agen- section 501(c)(3) of the Internal Revenue Code transparent and accountable governance, of 1986 and is exempt from taxation under cies for the fiscal year ending Sep- private sector-led growth and job creation, section 501(a) of such Code. tember 30, 2014, and for other purposes; and trade expansion); (B) PROHIBITION.—The Secretary of Hous- which was ordered to lie on the table; (4) fostering a vibrant civil society (including and Urban Development may not award as follows: ing free and independent media); any grant amounts appropriated or other- On page 24, between lines 16 and 17, insert (5) supporting security sector reform (in- wise made available under this title to a the following: cluding civilian police forces); and nonprofit organization that holds money in SEC. 119F. It is the sense of Congress that (6) combating terrorism (including elimi- offshore accounts for the purpose of avoiding the Secretary of Transportation should con- nating smuggling networks between Egypt paying the tax described in section 511(a) of tinue the process of drafting regulations on and Gaza in the Sinai). the Internal Revenue Code of 1986. the integration of unmanned aerial systems (d) Notwithstanding any other provision of (C) DISCLOSURE.—Each nonprofit organiza- into the national airspace system while de- law, the Secretary of State shall reduce the tion that is a recipient of grant amounts ap- veloping the report required by section 119E. amount of assistance made available for as- propriated or otherwise made available sistance for Egypt in fiscal year 2014 by an under this title and uses the procedures pre- SA 1808. Mr. GRAHAM submitted an amount the Secretary determines is equiva- scribed in regulations to create a rebuttable amendment intended to be proposed by lent to that expended by the United States presumption of reasonableness for the com- him to the bill S. 1243, making appro- Government for bail, and by nongovern- pensation of its officers, directors, trustees mental organizations for legal and court priations for the Departments of fees, associated with democracy-related and key employees, shall disclose to the Sec- Transportation, and Housing and retary of Housing and Urban Development, trials in Egypt. in the application for the grant, the process Urban Development, and related agen- (e)(1) The Secretary of State may waive for determining such compensation, includ- cies for the fiscal year ending Sep- the requirements of subsection (a)(2) not ear- ing the independent persons involved in re- tember 30, 2014, and for other purposes; lier than 3 months after enactment of this viewing and approving such compensation, which was ordered to lie on the table; Act if the Secretary of State certifies to the the comparability data used, and contem- as follows: appropriate congressional committees that to do so is important to the national secu- poraneous substantiation of the deliberation On page 188, after line 24, add the fol- and decision. Upon request, the Secretary of rity interests of the United States. lowing: (2) The Secretary of State may waive the Housing and Urban Development shall make SEC. 422. (a) Funds appropriated for assist- requirements of subsection (a)(3) not earlier the information disclosed under this para- ance for the Government of Egypt for fiscal than 6 months after enactment of this Act if graph available for public inspection. year 2014 may only be obligated in the fol- the Secretary certifies to such committees lowing manner— that to do so is important to the national se- SA 1806. Ms. AYOTTE submitted an (1) 25 percent of such funds may be made curity interests of the United States. amendment intended to be proposed by available after enactment of this Act; her to the bill S. 1243, making appro- (f) For purposes of this section, the term (2) 25 percent of such funds may be made ‘‘appropriate congressional committee’’ priations for the Departments of available if the Secretary of State certifies means the Committees on Appropriations Transportation, and Housing and to the appropriate congressional committees and Foreign Relations of the Senate, and the Urban Development, and related agen- that the Government of Egypt is supporting Committees on Appropriations and Foreign cies for the fiscal year ending Sep- inclusive political processes and institu- Affairs of the House of Representatives. tions, including permitting pro-democracy tember 30, 2014, and for other purposes; and other civil society organizations to oper- which was ordered to lie on the table; SA 1809. Mr. BLUMENTHAL sub- ate freely, has released political prisoners, mitted an amendment intended to be as follows: and is not prosecuting political cases in mili- On page 24, between lines 16 and 17, insert tary courts; proposed by him to the bill S. 1243, the following: (3) 25 percent of such funds may be made making appropriations for the Depart- SEC. 119F. Section 41731 of title 49, United available if the Secretary of State certifies ments of Transportation, and Housing States Code, is amended— to the appropriate congressional committees and Urban Development, and related

VerDate Mar 15 2010 03:04 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.041 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5977 agencies for the fiscal year ending Sep- Affairs of the Senate and the Chair and (b) The study conducted under subsection tember 30, 2014, and for other purposes; Ranking Member of the Committee on Ap- (a) shall address— which was ordered to lie on the table; propriations and the Committee on Finan- (1) the adequacy of span locking and its re- cial Services of the House of Representa- as follows: lation to the practice of trains passing over tives— bridges displaying a stop signal; and On page 169, between lines 22 and 23, insert (1) on the number of nonprofit organization (2) the adequacy of training received by the following: grantees meeting the criteria established train crews to inspect their route before SEC. 244. (a) None of the funds appropriated under subsection (a); passing over a bridge displaying a stop sig- or otherwise made available under this title (2) that summarize the type and amount of nal. may be used by any recipient of such funds Federal housing grants awarded to each such to discriminate against any person because organization, including the percentage of f that person is a member of the uniformed each such grant that was utilized by the or- services. ganization for grant administration ex- (b) Any person or entity, acting in good penses, in each of fiscal years 2009 through NOTICE OF INTENT TO SUSPEND faith, that has knowledge of any instance in 2013; and THE RULES which a recipient of funds under this title (3) that describe the steps to be taken by has discriminated or is discriminating the Secretary or the Corporation, as the case Mr. PAUL. Mr. President, I submit against a member of the uniformed services may be, to achieve greater cost-savings and the following notice in writing: may file a complaint against such recipient grant-administration efficiencies in the fu- In accordance with rule V of the with the Office of Inspector General for the ture, including a plan for requiring future Standing Rules of the Senate, I hereby Department of Housing and Urban Develop- grant recipients to limit their grant admin- ment. give notice in writing that it is my in- istration expenditures to 10 percent of grant (c) For purposes of this section, the term tention to move to suspend rule XVI, funds received from the Secretary or the ‘‘member of the uniformed services’’ means and rule XXII, Paragraph 2, for the pur- Corporation, as the case may be. an individual who— (c) For purposes of this section, the term pose of proposing and considering (1) is a member of— ‘‘nonprofit organization’’ means an organiza- Amendment No. 1739, including ger- (A) the uniformed services (as defined in tion that is described in section 501(c)(3) of maneness requirements. section 101 of title 10, United States Code); or the Internal Revenue Code of 1986 and is ex- (B) the National Guard in State status empt from taxation under section 501(a) of f under title 32, United States Code; or such Code. (2) was discharged or released from service SEC. 245. Any amounts saved, reserved, rein the uniformed services (as so defined) or maining, or otherwise unobligated as a re- NOTICES OF HEARINGS the National Guard in such status under consult of the prohibition set forth under sec- ditions other than dishonorable. tion 244, shall be transferred to and appro- COMMITTEE ON ENERGY AND NATURAL (d) Nothing in this section may be con- priated under the heading ‘‘Home Invest- RESOURCES strued to prohibit the use or availability of ment Partnerships Program’’: Provided, that Mr. WYDEN. Mr. President, I would any funds appropriated or otherwise made such amounts shall only be used by the Sec- like to announce for the information of available under this title for programs, ac- retary of Housing and Urban Development to the Senate and the public that a hear- tivities, or accounts that assist or provide rehabilitate substandard housing of children ing has been scheduled before the Sen- housing to members of the uniformed serv- residing in rural counties with the highest ices. poverty rates. ate Committee on Energy and Natural Resources. The hearing will be held on SA 1810. Mr. WICKER submitted an SA 1811. Mr. WHITEHOUSE sub- Tuesday, August 1, 2013, at 9:30 a.m., in amendment intended to be proposed by mitted an amendment intended to be room 366 of the Dirksen Senate Office him to the bill S. 1243, making appro- proposed by him to the bill S. 1243, Building. priations for the Departments of making appropriations for the Depart- The purpose of the hearing is to re- Transportation, and Housing and ments of Transportation, and Housing ceive testimony on the November 6, Urban Development, and related agen- and Urban Development, and related 2012 referendum on the political status cies for the fiscal year ending Sep- agencies for the fiscal year ending Sep- of Puerto Rico and the Administra- tember 30, 2014, and for other purposes; tember 30, 2014, and for other purposes; tion’s response. which was ordered to lie on the table; which was ordered to lie on the table; Because of the limited time available as follows: as follows: for the hearing, witnesses may testify On page 169, between lines 22 and 23, insert On page 6, between lines 11 and 12, insert by invitation only. However, those the following: the following: wishing to submit written testimony SEC. 244. (a) The Secretary of Housing and SURFACE TRANSPORTATION PROJECTS OF for the hearing record may do so by Urban Development and the Neighborhood NATIONAL AND REGIONAL SIGNIFICANCE sending it to the Committee on Energy Reinvestment Corporation may not, from For grants to eligible applicants for eligi- and Natural Resources, United States any amounts appropriated or otherwise made ble projects of national and regional signifi- available under this title for fiscal year 2014, cance (as such terms are defined in para- Senate, Washington, DC 20510–6150, or award any discretionary grant amounts to graphs (2) and (3) of section 1301(c) of by e-mail to daniellelderaney@energy any nonprofit organization that, in any of SAFETEA–LU (23 U.S.C. 101 note)), .senate.gov. fiscal years 2009 through 2013— $500,000,000, to remain available until ex- For further information, please con- (1) provided a compensation package to pended. tact Allen Stayman at (202) 224–7865 or one or more of its officers at a level exceed- Danielle Deraney at (202) 224–1219. ing, by at least 25 percent, the maximum SA 1812. Mr. MENENDEZ submitted basic rate of pay of the Senior Executive an amendment intended to be proposed COMMITTEE ON ENERGY AND NATURAL Service; by him to the bill S. 1243, making ap- RESOURCES (2) utilized an average of 12 percent or propriations for the Departments of Mr. WYDEN. Mr. President, the Sub- more of the discretionary grant amounts it Transportation, and Housing and committee on National Parks has pre- received from either the Secretary of Hous- Urban Development, and related agen- viously announced a hearing to be held ing and Urban Development or the Neighbor- on Wednesday, July 31, at 2:30 p.m. to hood Reinvestment Corporation for the orga- cies for the fiscal year ending Sep- nization’s grant administration expenses (in- tember 30, 2014, and for other purposes; consider several bills. In addition to cluding salaries); and which was ordered to lie on the table; the bills previously announced, the (3) had a finding of a significant deficiency as follows: subcommittee will also hear testimony or material weakness in any audit of that or- On page 52, after line 24, add the following: on: ganization furnished to or conducted on be- SEC. 155. (a) Not later than 1 year after the S. 1328, to authorize the Secretary of the half of either the Secretary of Housing and date of the enactment of this Act, the Ad- Interior to conduct a special resource study Urban Development or the Neighborhood Re- ministrator of the Federal Railroad Admin- of the archeological site and surrounding investment Corporation in connection with a istration shall— land of the New Philadelphia town site in the Federal housing grant award. (1) complete a study of the safety of mov- State of Illinois, and for other purposes, and (b) The Secretary of Housing and Urban able railroad bridges and the transportation S. 1339, to reauthorize the Ohio & Erie Development and the Neighborhood Rein- of hazardous materials over such bridges; Canal National Heritage Canalway. vestment Corporation shall each submit a re- and port to the Chair and Ranking Member of (2) post a report on the Federal Railroad For further information, please con- the Committee on Appropriations and the Administration’s website that containing tact David Brooks at (202) 224–9863 or Committee on Banking, Housing, and Urban the results of such study. John Assini at (202) 224–9313.

VerDate Mar 15 2010 04:44 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.041 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE S5978 CONGRESSIONAL RECORD — SENATE July 25, 2013 AUTHORITY FOR COMMITTEES TO mittee on Homeland Security and Gov- to file cloture on Executive Calendar MEET ernmental Affairs be authorized to Nos. 208, 223, 224, 104; further, that the COMMITTEE ON AGRICULTURE, NUTRITION, AND meet during the session of the Senate mandatory quorum under rule XXII be FORESTRY on July 25, 2013, at 11 a.m. waived; finally, if this request is grant- Mrs. MURRAY. Mr. President, I ask The PRESIDING OFFICER. Without ed, the Senate resume legislative ses- unanimous consent that the Com- objection, it is so ordered. sion after the final cloture motion is mittee on Agriculture, Nutrition, and COMMITTEE ON THE JUDICIARY reported pursuant to this order. Forestry be authorized to meet during Mrs. MURRAY. Mr. President, I ask The PRESIDING OFFICER. Without the session of the Senate on July 25, unanimous consent that the Com- objection, it is so ordered. 2013. mittee on the Judiciary be authorized f The PRESIDING OFFICER. Without to meet during the session of the Sen- objection, it is so ordered. ate, on July 25, 2013, at 9:30 a.m., in EXECUTIVE SESSION COMMITTEE ON ARMED SERVICES SD–226 of the Dirksen Senate Office Mrs. MURRAY. Mr. President, I ask Building, to conduct an executive busi- unanimous consent that the Com- ness meeting. NOMINATION OF JAMES B. COMEY, mittee on Armed Services be author- The PRESIDING OFFICER. Without JR., TO BE DIRECTOR OF THE ized to meet during the session of the objection, it is so ordered. FEDERAL BUREAU OF INVES- Senate on July 25, 2013, at 9:30 a.m. SELECT COMMITTEE ON INTELLIGENCE TIGATION The PRESIDING OFFICER. Without Mrs. MURRAY. Mr. President, I ask The PRESIDING OFFICER. The Sen- objection, it is so ordered. unanimous consent that the Select ate will proceed to executive session COMMITTEE ON COMMERCE, SCIENCE, AND Committee on Intelligence be author- and the clerk will report the nomina- TRANSPORTATION ized to meet during the session of the tion. Mrs. MURRAY. Mr. President, I ask Senate on July 25, 2013, at 2:30 p.m. The legislative clerk read the nomi- unanimous consent that the Com- The PRESIDING OFFICER. Without nation of James B. Comey, Jr., of Con- mittee on Commerce, Science, and objection, it is so ordered. necticut, to be Director of the Federal Transportation be authorized to hold a SUBCOMMITTEE ON WATER AND POWER Bureau of Investigation. meeting during the session of the Sen- Mrs. MURRAY. Mr. President, I ask CLOTURE MOTION ate on July 25, 2013, at 2:30 p.m. in unanimous consent that the Sub- Mr. REID. Mr. President, I send a cloture room 253 of the Russell Senate Office committee on Water and Power of the motion to the desk on Calendar No. 208. Building. Committee on Energy and Natural Re- The PRESIDING OFFICER. The clo- The Committee will hold a hearing sources be authorized to meet during ture motion having been presented entitled, ‘‘The Partnership Between the session of the Senate on July 25, under rule XXII, the Chair directs the NIST and the Private Sector: Improv- 2013, at 2:30 p.m., in room 366 of the clerk to read the motion. ing Cybersecurity.’’ Dirksen Senate Office Building. The legislative clerk read as follows: The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. CLOTURE MOTION objection, it is so ordered. We, the undersigned Senators, in accord- COMMITTEE ON ENERGY AND NATURAL SUBCOMMITTEE ON COMMUNICATIONS, ance with the provisions of rule XXII of the RESOURCES TECHNOLOGY, AND THE INTERNET Standing Rules of the Senate, hereby move Mrs. MURRAY. Mr. President, I ask Mrs. MURRAY. Mr. President, I ask to bring to a close debate on the nomination unanimous consent that the Com- unanimous consent that the Sub- of James B. Comey, Jr., of Connecticut, to be mittee on Energy and Natural Re- committee on Communications, Tech- Director of the Federal Bureau of Investiga- sources be authorized to meet during tion. nology, and the Internet of the Com- the session of the Senate on July 25, Harry Reid, Patrick J. Leahy, Mark mittee on Commerce, Science, and 2013, at 9:30 a.m. in room SD–366 of the Begich, Christopher A. Coons, Thomas Transportation be authorized to hold a Dirksen Senate Office Building. R. Carper, Bill Nelson, Patty Murray, The PRESIDING OFFICER. Without meeting during the session of the Sen- Martin Heinrich, Jeanne Shaheen, Ben- jamin A. Cardin, Al Franken, Sherrod objection, it is so ordered. ate on July 25, 2013, at 10:15 a.m. in room 253 of the Russell Senate Office Brown, Tom Harkin, Jack Reed, Shel- COMMITTEE ON FINANCE Building. don Whitehouse, Charles E. Schumer, Mrs. MURRAY. Mr. President, I ask The Committee will hold a hearing Robert P. Casey, Jr. unanimous consent that the Com- entitled, ‘‘State of Wireline Commu- f mittee on Finance be authorized to nications.’’ meet during the session of the Senate The PRESIDING OFFICER. Without NOMINATION OF KENT YOSHIHO on July 25, 2013. objection, it is so ordered. HIROZAWA TO BE A MEMBER OF The PRESIDING OFFICER. Without THE NATIONAL LABOR RELA- objection, it is so ordered. f TIONS BOARD COMMITTEE ON FOREIGN RELATIONS PRIVILEGES OF THE FLOOR The PRESIDING OFFICER. The Mrs. MURRAY. Mr. President, I ask Mrs. MURRAY. Mr. President, I ask clerk will report the next nomination. unanimous consent that the Foreign unanimous consent that Margaret Tay- The legislative clerk read the nomi- Relations Committee be authorized to lor, a detailee from the State Depart- nation of Kent Yoshiho Hirozawa, of meet during the session of the Senate ment to the Foreign Relations Com- New York, to be a member of the Na- on July 25, 2013, at 10:30 a.m. in room mittee, be granted floor privileges for tional Labor Relations Board. SD–419 of the Dirksen Senate Office the consideration of S. 1243. CLOTURE MOTION building. The ACTING PRESIDENT pro tem- Mr. REID. I send a cloture motion to The PRESIDING OFFICER. Without pore. Without objection, it is so or- objection, it is so ordered. the desk. dered. The PRESIDING OFFICER. The clo- COMMITTEE ON FOREIGN RELATIONS Mr. REID. Mr. President, I ask unan- ture motion having been presented Mrs. MURRAY. Mr. President, I ask imous consent that the order for the under rule XXII, the Chair directs the unanimous consent that the Foreign quorum call be rescinded. clerk to read the motion. Relations Committee be authorized to The PRESIDING OFFICER. Without The legislative clerk read as follows: meet during the session of the Senate objection, it is so ordered. CLOTURE MOTION on July 25, 2013, at 2:30 p.m. f The PRESIDING OFFICER. Without We, the undersigned Senators, in accord- objection, it is so ordered. UNANIMOUS CONSENT AGREE- ance with the provisions of rule XXII of the MENT—EXECUTIVE CALENDAR Standing Rules of the Senate, hereby move COMMITTEE ON HOMELAND SECURITY AND to bring to a close debate on the nomination GOVERNMENTAL AFFAIRS Mr. REID. Mr. President, I ask unan- of Kent Yoshiho Hirozawa, of New York, to Mrs. MURRAY. Mr. President, I ask imous consent that the Senate proceed be a Member of the National Labor Relations unanimous consent that the Com- to executive session and it be in order Board.

VerDate Mar 15 2010 04:44 Jul 26, 2013 Jkt 029060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JY6.045 S25JYPT1 tjames on DSK7SPTVN1PROD with SENATE July 25, 2013 CONGRESSIONAL RECORD — SENATE S5979 Harry Reid, Tom Harkin, Jack Reed, Jr., Charles E. Schumer, Richard J. 2013, and that following the prayer and Sheldon Whitehouse, Christopher A. Durbin, Amy Klobuchar, Richard pledge, the morning hour be deemed Coons, Robert P. Casey, Jr., Benjamin Blumenthal. expired, the Journal of Proceedings be L. Cardin, Patrick J. Leahy, Joe f approved to date, and the time for the Manchin III, Elizabeth Warren, Debbie two leaders be reserved for their use Stabenow, Carl Levin, Angus S. King, LEGISLATIVE SESSION Jr., Charles E. Schumer, Richard J. later in the day; that following any Durbin, Amy Klobuchar, Richard The PRESIDING OFFICER. Under leader remarks, the Senate be in a pe- Blumenthal. the previous order, the Senate will re- riod of morning business until 4:15 f sume legislative session. p.m., with Senators permitted to speak therein for up to 10 minutes each; that NOMINATION OF NANCY JEAN f following morning business, the Senate SCHIFFER TO BE A MEMBER OF UNITED STATES INTELLIGENCE resume consideration of S. 1243, the THE NATIONAL LABOR RELA- PROFESSIONALS DAY Transportation and Housing and Urban TIONS BOARD Mr. REID. Mr. President, I ask unan- Development appropriations bill; fur- The PRESIDING OFFICER. The imous consent the Senate proceed to S. ther, that at 4:30 p.m., the Senate pro- clerk will report the next nomination. Res. 200. ceed to executive session to consider The legislative clerk read the nomi- The PRESIDING OFFICER. The Calendar No. 208, the nomination of nation of Nancy Jean Schiffer, of clerk will report the resolution by James Comey to be Director of the Maryland, to be a member of the Na- title. Federal Bureau of Investigation, with tional Labor Relations Board. The legislative clerk read as follows: the time until 5:30 p.m. equally divided CLOTURE MOTION A resolution (S. Res. 200) designating July and controlled in the usual form; and, Mr. REID. It is my understanding 26, 2013, as ‘‘United States Intelligence Pro- finally, that at 5:30 p.m., the Senate there is a cloture motion at the desk. fessionals Day.’’ proceed to vote on the motion to in- The PRESIDING OFFICER. The Sen- There being no objection, the Senate voke cloture on the Comey nomina- ator is correct. The cloture motion proceeded to consider the resolution. tion. having been presented under rule XXII, Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without the Chair directs the clerk to read the imous consent the resolution be agreed objection, it is so ordered. motion. to, the preamble be agreed to, the mo- f The legislative clerk read as follows: tions to reconsider be laid on the table, PROGRAM CLOTURE MOTION with no intervening action or debate. We, the undersigned Senators, in accord- The PRESIDING OFFICER. Without Mr. REID. Mr. President, the next ance with the provisions of rule XXII of the objection, it is so ordered. rollcall vote will be a cloture vote on Standing Rules of the Senate, hereby move The resolution (S. Res. 200) was the Comey nomination on Monday to bring to a close debate on the nomination agreed to. evening. of Nancy Jean Schiffer, of Maryland, to be a The preamble was agreed to. f Member of the National Labor Relations Board. (The resolution, with its preamble, is ADJOURNMENT UNTIL MONDAY, Harry Reid, Tom Harkin, Jack Reed, printed in today’s RECORD under ‘‘Sub- JULY 29, 2013, AT 2 P.M. Sheldon Whitehouse, Christopher A. mitted Resolutions.’’) Mr. REID. If there is no further busi- Coons, Robert P. Casey, Jr., Benjamin f L. Cardin, Patrick J. Leahy, Joe ness to come before the Senate, I ask Manchin III, Elizabeth Warren, Debbie NATIONAL POLYCYSTIC KIDNEY unanimous consent that it adjourn Stabenow, Carl Levin, Angus S. King, DISEASE AWARENESS DAY under the previous order. Jr.., Charles E. Schumer, Richard J. There being no objection, the Senate, Durbin, Amy Klobuchar, Richard Mr. REID. Mr. President, I ask unan- at 6:57 p.m., adjourned until Monday, Blumenthal. imous consent the Senate proceed to S. July 29, 2013, at 2 p.m. f Res. 201. The PRESIDING OFFICER. The f NOMINATION OF MARK GASTON clerk will report the resolution by NOMINATIONS PEARCE TO BE A MEMBER OF title. Executive nominations received by THE NATIONAL LABOR RELA- The legislative clerk read as follows: TIONS BOARD the Senate: A resolution (S. Res. 201) designating the THE JUDICIARY The PRESIDING OFFICER. The first Wednesday in September 2013 as ‘‘Na- tional Polycystic Kidney Awareness Day’’ VINCE GIRDHARI CHHABRIA, OF CALIFORNIA, TO BE clerk will report the next nomination. UNITED STATES DISTRICT JUDGE FOR THE NORTHERN The legislative clerk read the nomi- and raising awareness and understanding of DISTRICT OF CALIFORNIA, VICE SUSAN Y. ILLSTON, RE- polycystic kidney disease. TIRED. nation of Mark Gaston Pearce, of New MATTHEW FREDERICK LEITMAN, OF MICHIGAN, TO BE York, to be a member of the National There being no objection, the Senate UNITED STATES DISTRICT JUDGE FOR THE EASTERN proceeded to consider the resolution. DISTRICT OF MICHIGAN, VICE MARIANNE O. BATTANI, Labor Relations Board. RETIRED. CLOTURE MOTION Mr. REID. I ask unanimous consent JUDITH ELLEN LEVY, OF MICHIGAN, TO BE UNITED the resolution be agreed to, the pre- STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT Mr. REID. Mr. President, I send a OF MICHIGAN, VICE NANCY G. EDMUNDS, RETIRED. cloture motion to the desk. amble be agreed to, the motions to re- LAURIE J. MICHELSON, OF MICHIGAN, TO BE UNITED consider be laid on the table, with no STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT The PRESIDING OFFICER. The clo- OF MICHIGAN, VICE GEORGE CARAM STEEH III, RETIRED. ture motion having been presented intervening action or debate. JAMES MAXWELL MOODY, JR., OF ARKANSAS, TO BE The PRESIDING OFFICER. Without UNITED STATES DISTRICT JUDGE FOR THE EASTERN under rule XXII, the Chair directs the DISTRICT OF ARKANSAS, VICE SUSAN WEBBER WRIGHT, clerk to read the motion. objection, it is so ordered. RETIRING. The resolution (S. Res. 201) was LINDA VIVIENNE PARKER, OF MICHIGAN, TO BE UNITED The legislative clerk read as follows: STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT agreed to. OF MICHIGAN, VICE ROBERT H. CLELAND, RETIRED. CLOTURE MOTION The preamble was agreed to. SECURITIES INVESTOR PROTECTION We, the undersigned Senators, in accord- (The resolution, with its preamble, is CORPORATION ance with the provisions of rule XXII of the Standing Rules of the Senate, hereby move printed in today’s RECORD under ‘‘Sub- LESLIE E. BAINS, OF NEW YORK, TO BE A DIRECTOR OF mitted Resolutions.’’) THE SECURITIES INVESTOR PROTECTION CORPORATION to bring to a close debate on the nomination FOR A TERM EXPIRING DECEMBER 31, 2015, VICE WILLIAM of Mark Gaston Pearce, of New York, to be a f S. JASIEN, TERM EXPIRED. Member of the National Labor Relations EXECUTIVE OFFICE OF THE PRESIDENT Board. ORDERS FOR MONDAY, JULY 29, ROBERT MICHAEL SIMON, OF MARYLAND, TO BE AN AS- Harry Reid, Tom Harkin, Jack Reed, 2013 SOCIATE DIRECTOR OF THE OFFICE OF SCIENCE AND Sheldon Whitehouse, Christopher A. TECHNOLOGY POLICY, VICE SHERBURNE B. ABBOTT. Mr. REID. Mr. President, I ask unan- Coons, Robert P. Casey, Jr., Benjamin DEPARTMENT OF STATE L. Cardin, Patrick J. Leahy, Joe imous consent that when the Senate completes its business today, it ad- CAROLINE KENNEDY, OF NEW YORK, TO BE AMBAS- Manchin III, Elizabeth Warren, Debbie SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF Stabenow, Carl Levin, Angus S. King, journ until 2 p.m., on Monday, July 29, THE UNITED STATES OF AMERICA TO JAPAN.

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DONALD LU, OF CALIFORNIA, A CAREER MEMBER OF TODD G. BETZ KATHLEEN A. COOPER THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– MATTHEW H. BEVERLY WILLIE L. COOPER III COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND GREGORY L. BEYER MICHAEL C. COPPOLA PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA JASON D. BIALON STEVEN W. CORNELSON TO THE REPUBLIC OF ALBANIA. DANIEL V. BIEHL BARBARA A. COSTA ROBERT A. SHERMAN, OF MASSACHUSETTS, TO BE AM- ROBERT M. BIGGERS JONATHAN S. COTTON BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF KEVIN M. BIGGS MATTHEW I. COTTRILL THE UNITED STATES OF AMERICA TO THE PORTUGUESE MICHAEL P. BITTENBENDER KEITH E. COWELL REPUBLIC. KEITH W. BITTLE BENJAMIN G. COX SCOTT T. BJORGE BRIAN V. CRAWFORD POSTAL REGULATORY COMMISSION JASON S. BLACKERBY KENDRA L. CRIDER CAROL A. BLACKINGTON JEFFREY C. CRIVELLARO TONY HAMMOND, OF MISSOURI, TO BE A COMMIS- CHRISTOPHER M. BLACKWELL KEVIN M. CROFTON SIONER OF THE POSTAL REGULATORY COMMISSION FOR CODY L. BLAKE BENJAMIN L. CROSSLEY A TERM EXPIRING OCTOBER 14, 2018. (REAPPOINTMENT) ADAM L. BLANCHARD MATTHEW C. CROWELL DEPARTMENT OF DEFENSE JAMES M. BLANTON GEORGE M. CROWLEY JAROD P. BLECHER BRIAN A. CROZIER MARCEL J. LETTRE II, OF MARYLAND, TO BE A PRIN- JOHN W. BLOCHER CHRISTOPHER P. M. CULLEN CIPAL DEPUTY UNDER SECRETARY OF DEFENSE. (NEW BRANDON D. BLY KEVIN D. CUMMINGS POSITION) RICHARD D. BOATMAN TIMOTHY J. CURRY JOHN A. BOEN JEFF D. CURTIS IN THE AIR FORCE ROBERT L. BOLES RICHARD A. CURTIS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JONATHAN M. BOLING PHILIP A. CURWEN TO THE GRADE INDICATED IN THE UNITED STATES AIR JAMES M. BONO BENJAMIN A. DAHLKE FORCE UNDER TITLE 10, U.S.C., SECTION 624: CHANTEL M. BOOKER JASON R. DALESSIO MELISSA F. BOOKMAN CHRISTOPHER J. DAMICO To be lieutenant colonel AARON M. BOSTON JEFFREY T. DANIELSON JENNIFER U. BOUDREAU DEBORAH J. DANYLUK DAVID M. ABEL KENNETH N. BOURQUE JEFFREY B. DARDEN RODGER N. ACKLIN CHRISTOPHER J. BRADLEY KEVIN A. DAVIDSON IVAN A. ACOSTA DENOAH BRADLEY DONOVAN S. DAVIS BERT W. ADAMS PHILIP W. BRANDT JASON M. DAVIS BRIAN S. ADAMS ALBERT J. BRASSEUR III MATTHEW S. DAVIS PAUL J. ADAMS ALONZO C. BRAY, JR. SCOTT S. DAVIS PAUL E. ADAMSON GEREMIAH J. BREKKE STEPHEN CHRISTOPHER DAVIS NICHOLAS B. ADCOCK JAMES A. BRENNING TODD A. DAVIS JEREMY B. AHLSTROM KEVIN J. BREWER DONALD R. DAY ARTHUR A. ALCANTARA JOHN H. BRINER OLUF P. DAY ROLANDO P. ALEJO CHARLES P. BRISBOIS III JAMES C. DEARMOND JAMES G. ALEXANDER LATISHA R. BRISTOW BRIAN T. DEAS JEREMY B. ALEXANDER AARON D. BROOKS JASON M. DEATON MICHAEL J. ALEXANDER DELEMESA MACK BROOKS JEFFERSON R. DEBERRY BENJAMIN D. ALLEN DARRYL P. BROOME JENNIFER S. DECATUR JASON D. ALLEN BRIAN L. BROWN KENNETH ROY DECEDUE, JR. RANDAL T. ALLEN DAVID J. BROWN DAVID J. DECOURSEY THOMAS G. ALLEN DEMETRIUS O. BROWN LAURA S. DEJONG GALEN R. ALSOP JASON P. BROWN ALEJANDRO DELAMATA JENNIFER A. AMATO MATTHEW G. BROWN JOSEPH D. DEPORTER GREGORY A. AMIG MELISSA G. BROWN CHRISTOPHER E. DEPPE KEVIN G. AMSDEN ROBERT L. BROWN RICARDO A. DIAZ LANNY REY ANAYA DARREN L. BRUMFIELD DANIEL C. DIEHL SERGIO E. ANAYA JAMES E. BRUNNER JOSEPH M. DIETZ MICHAEL L. ANDERSON GABRIELLE J. BRYANTBUTLER ADAM R. DIGEROLAMO MICHAEL S. ANDERSON ROBERT M. BRYANT SCOTT M. DIGIOIA SHANON E. ANDERSON DAVID A. BUCHANAN JOSEPH P. DILIBERTO IV CHAD M. ANTHONY ERIC W. BUCHEIT JASON L. DILLON ELIZABETH A. APTEKAR MARK W. BUCHHOLZ TRAVIS TYRCEE DILTZ RICARDO L. ARAGON SCOTT A. BUCHTEL JOHN E. DINES CHARLES C. ARMSTRONG JONATHAN B. BURKE MARK E. DONOHUE JASON M. ARMSTRONG SPENCER A. BURKHALTER MATTHEW J. DOOLEY KIM M. ARNOLD RUSSELL C. BURKS SEAN P. DOREY BEN J. ARONHIME AUSTIN F. BURRILL JAMES J. DORN CHAD C. ASHCRAFT STEVEN E. BURY DANIEL J. DORSON MIKE D. ATCHLEY JAMES W. BUSCH STEFANOS DOUMTSIS RICHARD ALLEN ATWELL, JR. JONATHAN D. BUSCH JONATHAN C. DOWTY CHANDLER P. ATWOOD KEITH J. BUTLER DENNIS L. DRAKE CHRISTOPHER M. AUGER MARCINDA L. BUTTIE RUSSELL T. DREESMAN JOSEPH R. AUGUSTINE WILLIAM L. BYERS JOHN E. DRESS JOSEPH E. BABBONI JONATHON E. BYRNES BRYAN G. DRESSER SEAN P. BAERMAN DONA L. BYRON MICHAEL P. DRISCOLL BRENT R. BAK NICK D. CALLAWAY ALAN R. DRIVER BEVERLY A. BAKER LANCE G. CAMPBELL DAVID A. DUBOIS DARIAN W. BAKER SCOTT A. CAMPBELL KRISTINE J. DUBOIS KYLE M. BALDASSARI MICHAEL P. CAMPOS ERIC R. DUDAK JOHN E. BALES DAVID M. CANADY, JR. DENNIS J. DUFFY TIMOTHY J. BAMFORD ASHLEY E. CANNON TAMARA S. DUKE JOSEPH S. BARBARE GABRIEL A. CANTU MICHAEL R. DULSKI KRIS E. BARCOMB EHREN W. CARL KELVIN D. DUMAS RYAN M. BARE CHRISTOPHER LEE CARMICHAEL LOUIS D. DUNCAN MICHELLE L. BARKER CLINTON G. CARR III MICHAEL A. DUNLAVY KEVAN A. BARRY TONY D. CARTWRIGHT SCOTT M. DUNNING SHAWN J. BARRY DAVID A. CASE NOEL J. DUPONT PAUL R. BARTHEL LUKE B. CASPER JUSTIN M. DUPUIS BENJAMIN A. BARTLETT KIRT J. CASSELL JASON W. EARLEY KEVIN S. BARTLETT MATTHEW J. P. CASTILLO DARIN S. EARNEST MATTHEW A. BARTLETT KENNETH P. CATES RYAN P. EASTWOOD ROBERT L. BARTLOW, JR. MARK L. CAUDILL MICHAEL A. EDMONDSON PHILIP A. BARTOO JUSTIN T. CENZANO MATTHEW S. EDMONSON BRAD J. BASHORE TROY A. CERNY COLBY BRANDON EDWARDS DARREN E. BATES CHARLES L. CHANDLER CHRISTIAN J. EGAN ARIEL G. BATUNGBACAL CHRISTOPHER L. CHANDLER BRIAN D. EGBERT JOHN J. BAUM JAMES J. CHAPA KRISTOFER D. EGELAND CASEY M. BEARD JESSICA R. CHAPMAN CALLISTUS R. ELBOURNE HERBERT S. BEAUMONT JOSEPH C. CHENNAULT MITCHELL J. ELDER COREY A. BEAVERSON JOSEF P. CHESNEY PATRICK R. ELDRIDGE JEFFERY D. BECKER ERIC S. CHIN THOMAS J. ELLER RICHARD R. BECKMAN ROBERT J. CHINNOCK MARY R. ELLINGTON GABRIEL M. BEHR BENJAMIN B. CHRISTEN BUDDY R. ELLIOTT, JR. TIFFANY L. BEHR CHAD C. CHRISTENSEN ANDREW J. EMERY JONATHAN W. BEICH NEIL E. CHRISTENSEN STEVEN V. ENGBERG ANDREW P. BEITZ DENNIS J. CLARK RICHARD D. ENGELMAN MICAH K. BELL STEVEN W. CLARK KENNETH N. ENGLESON III PAUL M. P. BELL ALLEN R. CLAY STEPHEN JOHN ESPOSITO TRACY L. BELL CHARLES A. CLEGG MARK A. ESSLINGER ANDREW J. BEMIS THOMAS M. CLOHESSY MICHAEL J. EVANS BRAD A. BEMISH BRIAN L. CLOUGH LAWRENCE G. EVERT ELIZABETH T. BENEDICT BRETT S. CLUTTER MICHAEL J. FAILLA JERRY W. BENNETT, JR. TAMEESHA P. COATNEY JOHN B. FANN LANCE R. BENSON ADAM S. COFFMAN MONIQUE L. FARNESS RICHARD S. BENTLEY MACK R. COKER KATRINA L. FELDER DEAN E. BERCK KERRY MCARTHUR COLBURN ERIC A. FELLHAUER DAVID M. BERGIN LEWIS B. COLLINS JACK W. FERGUSON JEREMY S. BERGIN FERNANDO COLON, JR. LEANN J. FERGUSON CLAUDIA E. BERMUDEZ MICHAEL J. CONTE MARCUS G. FERGUSON MATTHEW J. BERRIDGE PAUL W. CONTOVEROS PAUL J. FERGUSON BRYAN L. BEST MICHAEL T. COOK KENNETH A. FERLAND RONALD L. BETTS AARON J. COOPER BRYAN A. FERRARI

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JAMES E. FERRELL BRENT NORMAN HARMS RYAN D. KAPPEDAL TAYLOR T. FERRELL DANIEL W. HARRIS WADE S. KARREN AARON R. A. FFRENCH VERONICA M. HARRIS CHRISTINA D. KARVWNARIS JAMES D. FIELDER TANYA R. HARRISON MARK A. KASAYKA KURT D. FIFE AMY S. HARSHNER WILFORD L. KAUFFMAN LOREE J. FILIZER ELIZABETH M. HARWOOD TRAVIS D. KEENAN WILLIAM S. FINLEY DANIEL M. HASLEY TAMARA MURPHEY KEENE ROBERT A. FIRMAN AARON M. HATCH DAVID A. KEGERREIS MATTHEW A. FISHEL BENJAMIN B. HATCH TERRANCE C. KEITHLEY HEATHER FLEISHAUER MARIA N. HATCHELL COREY D. KELLETT CHRISTOPHER M. FLOYD MARK A. HAUSER KRISTOFOR D. KELLY ERICK G. FONSECA CHRIS M. HAUVER DAVID M. KENDALL PAUL A. FONTAINE RONNIE D. HAWKINS PATRICK J. KENDALL ROBERT M. FORD, JR. RYAN T. HAYDE MICHAEL S. KENNEBRAE JOHN D. FORTENBERY ERIK K. HAYNES BRIDGETTE KENNEDY TIMOTHY J. FOSTER DANIEL J. HAYS CHRISTOPHER A. KENNEDY RICHARD M. FOURNIER BRIAN D. HAYSLEY KEVIN T. KENNEDY STANLEY S. FOWLER BRIAN C. HEALY RYAN S. KENNEDY HEATHER A. FOX JASON A. HEARD DAVID J. KERN ROSS P. FRANQUEMONT BRIAN R. HELTON JOHN J. KEYS EDWIN B. FRAZIER III JUSTIN P. HENDRICKS STACY A. M. KIHARA WILLIAM J. FREE RYAN H. HENDRICKSON SANG W. KIM ANGELA M. FREEMAN MATTHEW C. HENSLEY MATTHEW B. KIMSAL DOUGLAS FREEMAN KRISTIN KOBARG HERDER WILLIAM R. KINCAID JOSHUA E. FREY JASON R. HERRING LAURA A. KING WILLIAM T. FRIAR ANGELA K. HERRON RICHARD R. KING DAVID A. FRIEDMAN STEVEN M. HERTENSTEIN OFAYO V. KINGSBERRY WAYNE M. FROST BENJAMIN W. HESLIN MEGAN A. KINNE WILLIAM G. FROST DAVID F. HETZLER KEVIN P. KIPPIE ERIC L. FRYAR CHARLES E. HEWINS JASON R. KIRKLAND JENNIFER D. FUJIMOTO CHRISTOPHER A. HICKOK CHRISTOPHER J. KISER JAMES S. FULLER BRIAN D. HIDY ERIK V. KISKER JENNIFER J. FULLER SEAN M. HIGGINS RANDALL W. KLEIN JOHN D. FURR THOMAS V. HIGGINS II NEAL B. KLEINSCHMIDT MATTHEW C. GAETKE SONNY J. HIGNITE CLINTON J. KLIETHERMES MATT J. GAINES GABRIEL S. HILEY FRANK J. KLIMAS ADRIAN H. GALANG ALMA E. HILL SEAN P. KLIMEK JOHNNY L. GALBERT RYAN L. HILL COREY J. KLOPSTEIN BENJAMIN S. GALLAGHER CHAD J. HILLBERG THOMAS M. KNAUST JOHN D. GALLOWAY, JR. VANESSA M. HILLMAN TIMOTHY F. KNEELAND CATHERINE A. GAMBOLD CODY M. HOAGLAND JEFFREY P. KNOWLES CHRISTINE M. GANGAWARE BRIAN T. HOBBINS JOHN M. KOEHLER II RICHARD F. GANSKE DONNIE LAYNE HODGES DEANE R. KONOWICZ CHRISTIAN D. GARBER CHRIS E. HODGIN ROBERT A. KOON ABRAHAM GARCIA SHAWN V. HODGIN MICHAEL S. KORBY CAESAR I. GARCIA LANCE R. HOFER JOSHUA KOSLOV CHRISTOPHER N. GARCIA ANDREW L. HOFFMAN DEVLIN A. KOSTAL MATTHEW T. GARRISON EDWARD T. HOGAN JOHN S. KRELLNER DAVID C. GARVIN JASON M. HOLCOMB CHRISTOPHER A. KRESKE RAFAEL H. GARZA, JR. BENJAMIN C. HOLLAND CRISPIN D. KRETZMANN KRISTOPHER M. GEELAN CHARLES M. HOLLAND JEFFREY N. KRULICK JEREMY S. GEIB PATRICK S. HOLLAND DENNIS R. KRUSE RICHARD D. GERHARDT JEREMY M. HOLMES JOSEPH S. KUBINSKY MICHAEL L. GETTE MATTHEW EARL HOLSTON RUDOLF W. KUEHNE, JR. AARON M. GIBNEY TIMOTHY N. HOOD DOUGLAS F. KUHN GLEN R. GIBSON PETER J. HORINE TODD J. KYSETH GREGORY R. GIBSON JEREMY F. HOUGH JONATHAN F. LAATSCH WILLIAM T. GIBSON JAMES M. HOWARD ALFREDO LABOY II CHARLES E. GILLIAM MARK D. HOWARD DANA M. LACLAIR JOHN L. GLASS RICHARD C. HOWARD JOHN R. LADINO JOAQUIN D. GLOMSKI JASON B. HOWELL MICHAEL J. LAKE JASON J. GLYNN MICHAEL S. HRECZKOSIJ SCOTT W. LAMONT JASON M. GOLABOSKI JULIUS P. HUBBARD JEFFREY A. LAMPORT KEVIN P. GOLART SCOTT E. HUDSON PHILIP D. LANCASTER JON P. GOODMAN DANIEL P. HUFFMAN ROBERT C. LANCE JEREMY S. GOODWIN MATTHEW J. HUND DONALD L. LANDGREBE JESSE W. GOOLSBY JOHN F. HUNDLEY ALAN C. LANDIS ANTHONY C. GRAHAM WILLIAM L. HUNT MONICA D. LANDRUM ERIC ENRIQUE GRAHAM BARRY J. HUNTE CORY T. LANE JULIE A. GRAHAM MICHAEL S. HURT DAVID E. LANE JOSEPH J. GRANISTOSKY, JR. MORGAN P. HURT JEREMY D. LANE RYAN M. GRANT NATHANIEL R. HUSTON CHRISTOPHER D. LANG TOMMASINA GRANT TODD T. INOUYE DANIEL T. LANG CARLIN S. GRAY EDWARD J. IRICK ROGER A. LANG JUSTIN M. GRAY JEFFREY C. ISGETT THEODORE A. LANGSTROTH JAMES A. GREENFIELD JOSEPH C. IUNGERMAN MARK M. LANKOWSKI JASON R. GREENLEAF CLINOS M. JACKSON LAURIE AN LANPHER DARIN M. GREGG BENJAMIN R. JACOBSON ERWIN A. LARIOS JAMES A. GRIGSON ERIK J. JACOBSON HANS J. LARSEN GREGORY A. GRIMES JASON S. JAEGER TODD M. LARSEN JASON WARREN GRUBAUGH TOMAS JAIME ADAM D. LARSON CLINTON L. GUENTHER KEITH D. JAMES VINCENT W. LAU VERNON GUENTHER NATHAN L. JAMES MATTHEW T. LAURENTZ EDUARDO N. GUEVARA, JR. ANDREW S. JANSSEN JOSEPH S. LAWRENCE JAMES R. GUMP MICHAEL L. JANSSEN JOSEPH M. LAWS MICHAEL D. GUNN CHRISTOPHER C. JARVIS KIMBERLY K. LAYNE RICHARD L. GUNN JEREMY M. JARVIS NATHAN J. LEAP SCOTT A. GUNN DANIEL JAVORSEK JEREMY E. LEARNED DEIRDRE M. GURRY PAUL C. JEFFORDS GARY J. LEE JOSE R. GUTIERREZ PAUL A. JELINEK DOUGLAS E. LEEDY MICHAEL A. HAACK JAKE R. JELINEO STEPHEN D. LEGGIERO ERIC T. HAAS JOSEPH C. JENKINS STEVEN R. LEHN ANDREW S. HACKLEMAN JOSHUA S. JENKINS DANIEL J. LEHOSKI MICHAEL C. HAGEE JOSHUA J. JENSEN DANIEL F. LEICHSSENRING DAVID A. HAIGH MICHAEL J. JENSEN HAROLD A. LEMAIRE CHRISTOPHER B. HAINES ROBERT T. JERTBERG DAVID A. LEMERY WESLEY R. HALES ZACHERY B. JIRON ROBERT B. LEO FREDERICK M. HALEY III JEFFREY D. JOHNS DOUGLAS W. LEONARD CHRISTOPHER E. HALL ALIDA M. JOHNSON WALTER J. LESINSKI JAMES A. HALL BLAKE P. JOHNSON CHARLES M. LEVER RYAN E. HALL DANIEL H. JOHNSON KENDRA L. LI MICHAEL D. HAMER ERIK W. JOHNSON MICHELLE M. LIBBEY SETH N. HAMILTON THOMAS JOSEPH JOHNSON II DENNIS S. LINCOLN MICHAEL A. HAMMACK ELIZABETH E. JOHNSTON CRAIG D. LINDSTROM KIMBERLEY D. HAMMOND JUSTIN L. JOINES JOSEPH N. LIPPE CHRISTOPHER V. HAND DAVID A. JOKINEN FRANKLIN M. LIVINGSTON JOSEPH M. HANK NATALIE K. JOLLY JEREMY E. LLOYD SEAN P. HANLEN DAVID A. JONES MEGAN E. LOGES ERIC J. HANLEY EUGENE P. JONES KRISTOPHER R. LONG KELLY M. HANNUM JIMMY A. JONES KYLE A. LONG MICHAEL A. HANSEN NATHANIEL P. JONES KEVIN M. LORD JENNY M. HANSONBROWNFIELD KENDALL D. JORDAN HOLLIE B. LOSEE JAY M. HANSON ADAM J. E. JUNG JAMES T. LOTSPEICH CHARLES B. HARDING DANIEL D. JURGENSEN CHRISTOPHER J. LOVEGREN DENNIS R. HARGIS INGRID C. KAAT ROOSEVELT LOVELESS, JR. MICHAEL A. HARMON DANIEL J. KAERCHER MICHAEL S. LOWE MICHAEL M. HARMON KENNETH M. KALFAS ROBERT L. LOWE III

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DAVID M. LUCAS JEFFREY ALLEN MROZINSKI STEVEN A. QUILLMAN PAUL W. LUCYK JAMES W. MULLINAX, JR. ANDREW M. QUINN WILLIAM T. LULAY MICHAEL D. MULLINS JASON S. RABIDEAU JEREMY R. LUSHNAT JAMES J. MUNIZ MARK W. RADIO BRIAN J. LUTZ RHETT B. MURPHY NATHAN E. RAGAN ARTHUR J. LYNCH TIMOTHY B. MURPHY PETER J. RAKOVALIS MICHAEL T. LYNCH MARK J. MURRAY LAURA C. RAMOS SARAH R. LYNCH NICHOLAS A. MUSGROVE BRIAN M. RANAUDO JENS D. LYNDRUP DARYL V. MYERS STEVEN D. RANDLE GEORGE T. LYONS III MICHAEL J. MYERS CODY C. RASMUSSEN LISA M. MABBUTT LANCE W. MYERSON SPENCER T. RASMUSSEN JOHN E. MACASEK ALAN W. MYRICK MARK A. REDFERN TIMOTHY A. MACH CORY J. NADDY JASON E. REDLIN ANITA T. MACK NATHAN S. NAIDAS DEEDRICK L. REESE BRIAN C. MACK DAVID C. NANCE NICHOLAS H. REGISTER ALEXANDER S. MACLEAN MICHAEL E. NAVICKY DAVID J. REICHERT ROBERT C. MAGNUSON JOEL M. NEEB LAURINDA MARIA REIFSTECK MICHAEL P. MAHAN BRIAN J. NEFF DONEVAN A. REIN KEVIN L. MAHAR MATTHEW E. NELMS MARK G. REITH NICOLE R. MAKINDE DEXTER G. NELSON BRIAN S. RENDELL SANJOY C. MALHOTRA AMY M. NESBITT ANDREW C. RESCH WILLIAM H. MAMOURIEH MATTHEW C. NEUMAN DAVID J. RICE GERARD C. MANGENOT JON C. NEW JOSHUA C. RICE JOSEPH MARK MATTHEW R. NEWELL DUSTIN C. RICHARDS ERIC D. MARSH DEBORAH HUMMEL NEWMAN ANGELA D. RICHARDSON HEATHER C. MARSHALL CHRISTOPHER H. NEWNAN CHRIS C. RICHARDSON JEFFREY M. MARSHALL MICHAEL B. NIELSEN RYAN E. RICHARDSON ANDREW C. MARSIGLIA II JASON C. NORGAARD ALEXANDER RICHBURG CRAIG T. MARTIN VIDET NORNG MEGAN M. RILEY SHAWNN L. MARTIN JARROD M. NORRIS SCOTT T. RILEY STEVEN L. MARTINEZ CHRIS Y. NORTHAM JOSEPH E. RINGER RICHARD A. MARTINO MATTHEW A. NORTON MICHAEL S. RIORDAN JONATHAN D. MASON WILLIAM E. NOTBOHM ERIK A. RIPPLE JOSEPH A. MASON, JR. NATHAN E. NYSETHER SHARON C. RITCHIE ROBERT L. MASON, JR. DEREK C. OAKLEY ALFREDO RIVERA JOHN C. MATTHEWS JASON C. OATLEY MATTHEW J. ROBBINS GREGORY C. MAYER FREDRIC M. OBERSON JOHN W. ROBERTS, JR. TYRELL O. MAYFIELD RICHARD L. OBERT CHRISTINA S. ROBINSON CHAD D. MCADAMS STEPHEN P. OBRIAN CHRISTOPHER M. ROBINSON MATTHEW J. MCALISTER JAMES C. OBRIEN III LAURA R. ROBINSON JOSHUA L. MCALLISTER MARTIN J. OBRIEN RYAN E. ROBINSON ROBERT D. MCALLISTER DAVID M. OCH ROBERT P. ROBISON KYLE R. MCATEE ANGELA F. OCHOA ROJAN J. ROBOTHAM BRANDON L. MCBRAYER JOHN P. ODELL III BARRY D. ROCHE TERRILL J. MCCALL TAMARA L. ODONNELL ARMANDO RODRIGUEZ DONALD L. MCCALLIE AARON J. OELRICH RENE A. RODRIGUEZ SCOTT A. MCCANDLESS KEVIN M. OGLE ROBUSTINO D. RODRIGUEZ TIMOTHY J. MCCANN ROBERT E. OKEEFE ROBERT J. ROECKERS COLIN E. MCCLASKEY MARK M. OLGUIN JOHN F. ROGERS WILLIAM A. MCCLELLAND MELANIE L. OLSON ERIC D. ROOME CHRISTOPHER K. MCCLERNON RYAN L. ONEAL LANGDON O. ROOT RICHARD E. MCCLINTIC RYAN J. ORFE WILLIAM M. ROSCHEWSKI NATHAN A. MCCLURE JOE K. ORLANDI JOHN M. ROSS JAMES B. MCCULLOUGH JOSEPH J. OROURKE DOUGLAS WAYNE ROTTIER MICHAEL T. MCDANIEL PATRICK R. OROURKE NELSON D. ROULEAU, JR. SHANE M. MCDERMOTT DERRICK W. OSSMANN JARON H. ROUX BRANDON KEITH MCDONALD VICTOR P. OSWEILER KEVIN B. ROWLEY KENNETH A. MCDONALD LUIS G. OTERO KELLY A. ROXBURGHMARTINEZ WILLIAM C. MCDONALD DALE L. OVERHOLTS II PAUL A. ROZUMSKI CHARLES L. MCGEE ROBERT E. OVERSTREET ERIC DUVAL RUCKER CALLUM D. MCGOUGH ZACHARY D. OWEN TRAVIS D. RUHL SCOTT A. MCGOVERN SEBRINA L. PABON JOSEPH R. RUNCI TOBIN K. MCKEARIN MIGUEL PAGAN FRANCIS X. RURKA IV JOSEPH W. MCKENNA JARED W. PAINE MICHAEL C. RUSSELL GREG A. MCKENZIE BENJAMIN M. PANCOAST SCOTT K. RUSSELL WILLIAM H. MCKIBBAN BRADLEY C. PANTON CHRISTOPHER T. RUST SUZANNE G. MCLAUGHLIN DENIS J. PAQUETTE CHARLES M. RYAN JASON R. MCMAHON JILL L. PARKER JOSEPH B. RYTHER DAVID A. MCMILLAN WILLIAM J. PARKER III JACHIN SAKAMOTO MICHAEL F. MCPHERSON MATTHEW M. PARODA MARTIN SALINAS II RAY D. MCPHERSON TRACY L. PARRISH GERARDO SANCHEZ STEVEN E. MEISSNER CHRISTIAAN P. PASKVAN JASON K. SANDERSON AMILCAR MELENDEZCRUZ ERIK M. PATCHEN BRIAN T. SANDIDGE CHAD W. MELONE SAMVED S. PATEL GARY R. SANDT STEVEN P. MELVIN TRENT D. PATTERSON DANIEL J. SANTORO DANA G. METZGER JOEL E. PAULS JENNIFER L. SARACENO ANDREW J. MEYER ANTHONY B. PAULSON PAUL E. SASKIEWICZ KEVIN D. MICHAEL MARK R. PAULY TORRENCE T. SAULSBERRY MILES T. MIDDLETON SAMUEL F. PAYNE JOHN F. SAUNDERS CHRISTINE A. MILLARD ABRAHAM M. PAYTON STEPHEN R. SAVELL HEATH R. MILLER ZACHARY J. PEACOCK ALBERT F. SCAPEROTTO, JR. PAUL J. MILLER MICHAEL E. PECHER ROBERT J. SCHABRON SAMUEL N. MILLER NICHOLAS J. PEDERSEN JOSEPH V. SCHAEFER TRENT S. MILLER ALAN E. PENROD STEVEN J. SCHAEFER TY E. MILLER DONALD K. PERRY MEGAN A. SCHAFER WILLIAM T. MILLER TIMOTHY W. PESEK STEVEN A. SCHEARER GINA ANN MILLS ANTON C. PETERSON JAMES A. SCHEIDEMAN RAWLEY M. MIMS JAMES B. PETERSON THOMAS PATRICK SCHILLING FRANCIS M. MINDRUP JAMES S. PETERSON CHRISTOPHER E. SCHLACHTER AARON R. MINER MIRIELLE M. PETITJEAN KYLE W. SCHLAPPI JOHN PAUL F. MINTZ AUGUST L. PFLUGER TAMMY L. SCHLICHENMAIER CAROL J. MITCHELL CHRISTOPHER H. PICINNI CARL C. SCHLUCKEBIER GRANT A. MIZELL MATTHEW J. PIGNATARO JEFFREY C. SCHLUETER JONATHAN L. MIZELL DUSTIN L. PITTMAN JEFFREY D. SCHNAKENBERG NATALIE M. MOCK JEFFERY T. PLEINIS RONALD M. SCHOCH TODD A. MOENSTER JAMES M. PODANY MATTHEW D. SCHORR JEFFRY D. MOFFITT MATTHEW R. POISSON BRANDON B. SCHRAEDER JUSTIN P. MOKROVICH CHARLES B. POLOMSKY JEREMY A. SCHROEDER DANIEL J. MOLLIS TRAVIS W. POND WILLIAM A. SCHROEDER MATTHEW J. MONEYMAKER RYAN D. PONTIUS MARK W. SCHULENBERG TIMOTHY A. MONROE JOHN W. PONTON ADAM M. SCHULTZ BENJAMIN B. MONTGOMERY CARLOS A. POVEDA, JR. ERIC E. SCHULTZ JEFFREY M. MONTGOMERY MICHAEL J. POWER CHRISTOPHER S. SCHULZ RYAN T. MOON CRYSTAL D. POWERS CURT A. SCHUMACHER MARIA A. MOORE JOHN R. POWERS IRA A. SCHURIG MAURICE H. MOORE ALEXANDRIA K. PRESTON MARTIN G. SCHWEIM RICHARD M. MOORE DAX A. PRESUTO BRIAN D. SCOTT MICHAEL MORALES AARON J. PRINCE ELIZABETH H. SCOTT MICHAEL J. MORALES PATRICK J. PRUETT NATHAN L. SCOTT KHIRAH MORGAN JOEL D. PURCELL CHAD T. SEARLE SCOTT C. MORGAN JASON A. PURDY PAUL J. SEBOLD WILLIAM E. MORLAN S. N. PUWALOWSKI KARL W. SEEKAMP THOMAS A. MORRIS JOSHUA B. PYERS SCOTT M. SEIGFRIED JUSTIN W. MORRISON RYAN J. QUAALE PATRICK C. SELF DARRICK MOSLEY MARJORIE VIRGINIA QUANT DAMON P. SEVIER GEORGE D. MOUNCE ERIC A. QUEDDENG MARTIN T. SHADLE JEFF J. MRAZIK ADAM P. QUICK JEREMY D. SHADROUI

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CHRISTOPHER J. SHANDERSKY BRIAN J. THOMAS JOSEPH J. WINGO PAUL E. SHEETS JEFFREY D. THOMAS MICHAEL J. WINTER SUSAN M. SHEETS JOSEPH K. THOMAS IV WALTER M. WINTER CHRISTOPHER M. SHEFFIELD MATTHEW M. THOMAS CRAIG J. WINTERS SCOTT E. SHELTON RYAN W. THOMAS ANDREW IRVIN WISTRCILL STEVEN G. SHEPAN KRISTEN D. THOMPSON DONALD W. WITTENBERG JASON J. SHEPHARD NATHAN A. THOMPSON JOHN D. WODOCHEK RICHARD H. SHERTZER SAMMIE L. THOMPSON, JR. OLGIERD P. WOJNAR ALLEN R. SHEW JOHN G. THORNE WINSTON C. WOLCZAK JASON T. SHIBATA CHARLES D. THROCKMORTON IV JAMES E. WOLFE CAMERON B. SHIRLEY ROBERT M. THWEATT MARC E. WOLFE CAROL J. SHIRLEY BILL T. TICE, JR. JOHN D. WOOD RALPH R. SHOUKRY SHAWN R. TIMPSON DOUGLAS A. WOODLEY JEFFREY E. SHUCK SAMUEL M. TODD TAD W. WOOLFE ROBERT W. SHULL KATHERINE ABOLD TODOROV JUSTINE A. WOPAT MACKENZIE R. SHULTZ SACHA N. TOMLINSON CHRISTOPHER WORKINGER THEODORE J. SHULTZ JERI D. TORRERO DAVID M. WRAZEN ROBERT A. SIDES GUILLERMO TORRES MICHAEL L. WREY ANTHONY F. SIDOTI CRAIG M. TOWELL ALEXANDER E. WRIGHT JUAN SILVA, JR. PAUL K. TOWER JAMES A. WRIGHT JEFF A. SIMMONS PAUL P. TOWNSEND MICHAEL C. YARBROUGH DANIEL T. SIMPSON ERIC A. TRAMEL MICHAEL D. YARINA MICHAEL R. SIMS JASON L. TRANUM NICHOLAS R. YATES ANDREW L. SINCOCK BENJAMIN R. TRAVERS JULIAN J. YNIGUEZ JAMES L. SIVILLE JASON M. TREW BRIAN K. YOSHIMOTO DAVID M. SKALICKY SETH W. TRIBETT DAVID A. YOUNG BRYAN E. SKARDA WILLIAM P. TRICHE GEOFFREY M. YOUNG ROBERT W. SLANGER SONJA C. TRITSCH JASON E. YOUNG JEFFREY J. SLIWINSKI SEAN E. TUCKER STEPHEN R. ZAISER DAVID A. SLOAT APRIL L. TUNYAVONGS JOSHUA J. ZAKER JASON M. SMESNY ERICK A. TURASZ PAMELLA J. ZANE KYLE J. SMET CHRISTOPHER H. TURNER ERIC J. ZARYBNISKY JAMIE R. SMICKLAS JASON A. TURNER JEFFREY S. ZDENEK ANDREW F. SMITH JASON C. TURNER THOMAS M. ZEEFF CHAD A. SMITH ABIZER H. TYABJI DAVID A. SMITH TERRY L. TYREE, JR. CHRISTOPHER J. ZEGAR JASON V. SMITH MONYCA J. UECKER YAN C. ZHU JENNIFER L. SMITH HEATHER M. UHL JOHN P. ZIELINSKI JOSHUA J. SMITH HORST K. UHL ANTHONY J. ZILINSKY III NATHAN S. SMITH L. WILLIAM UHL CHRISTOPHER J. ZILKA ROBERT R. SMITH ROSS G. UHLER DAVID L. ZIMMERMAN STEVEN J. SMITH JOHN L. VALA MICHAEL P. ZINK TIMOTHY J. SMITH MATTHEW STEWART VAN HOOK ANDREW W. ZINN PATRICK A. SNYDER ROBERT M. VANDAWAKER STEVEN M. ZOLLARS JAIME SONORA JAMES L. VANDROSS JODY L. ZOLMAN JOSHUA DAVID SOULE NEAL ADAM VANHOUTEN JOHNATHAN B. ZULAUF TIMOTHY J. SPAULDING RICHARD L. VANSLYKE MICHAEL M. ZWALVE WINSTON L. SPEAR MATTHEW J. VEDDER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEVEN W. SPEARES ANDREW C. VENNE TO THE GRADE INDICATED IN THE UNITED STATES AIR BARRY J. SPELLS ERNESTO VERGER FORCE UNDER TITLE 10, U.S.C., SECTION 624: MATTHEW L. SPENCER PHILLIP A. VERROCO CANDICE M. SPERRY RYAN J. VETTER To be lieutenant colonel ANDRE R. SPICER BRUS E. VIDAL VERONIQUE N. ANDERSON JEREMIAH B. STAHR BRIAN H. VILLAVASO DAVID A. BARGATZE PAUL M. STANIFER MICHELLE K. VILLAVASO VICKI A. BELLEAU DALE W. STANLEY III JOHN R. VINSON JOHN WILLIAM BELLFLOWER, JR. MATTHEW C. STANLEY JOHN R. VOLCHECK MICHAEL AARON BURNAT MATTHEW L. STANLEY RYAN M. VONEIDA MATTHEW D. BURRIS GREGORY M. STEEGER DANIEL J. VOORHIES MECHEL ALECIA CAMPBELL SIDNEY L. STEGALL, JR. ALAN R. WADE MICHAEL DAVID CARSON BRIAN R. STELMA RICHARD J. WAGEMAN, JR. THOMAS PAUL CONDIE ANDREW C. STENGEL MATTHEW T. WAGGONER GARRETT MICHAEL CONDON ANSON B. STEPHENS RICHARD H. WAGGONER TIMOTHY MICHAEL COX JOHN T. STEPHENS EDWARD R. WAGNER SUANNE M. CROWLEY GREG E. STEVENS TORREY J. WAGNER JUSTIN R. DALTON JAMES A. STEVENS RICHARD W. WALDROP JEREMY K. DAVIS MARK R. STEVENS DIETER A. WALDVOGEL COREY G. FULLMER CORETTA B. STEWART KENNETH G. WALKER BRYON T. GLEISNER LOUIS G. STEWART BRIAN P. WALLACE JEFFREY L. GREEN MATTHEW W. STEWART JASON R. WALLS TROY D. HAMMON MICHAEL D. STODDARD JENNIFER G. WALSTON JOHN CHRISTOPHER HARWOOD MICHELLE L. STOFFAMALLOY TIMOTHY M. WARNER TROY S. HEAVENER MICHAEL R. STOLLEY STEVEN W. WASHKO CHRISTINA MARIA JIMENEZ ROSE K. STOOR MARK R. WASS ERIC MICHAEL JOHNSON JOSHUA K. STRAKOS MATTHEW N. WASZAK ANDREW KALAVANOS JEREMY P. STRINGER JOHN G. WEAVER CYNTHIA T. KEARLEY RONALD K. STROBACH SHONRY O. WEBB STEVEN GLADE LOERTSCHER CHARLES A. STSAUVER KEVIN M. WEBSTER JEFFERSON E. MCBRIDE CEDRICK L. STUBBLEFIELD JAMES T. WEDEKIND ROGER A. MCILLECE DANIEL W. STUPINSKI MARTIN W. WEEKS III ERIC P. MERRIAM JASON O. STUTZMAN SCOTT M. WEHRLE RYAN D. OAKLEY JOHN A. SULLIVAN JAMES P. WEIR LYN T. PATYSKIWHITE JOHN T. SULLIVAN TROY C. WELKER TRINH W. PETERSON RYAN D. SULLIVAN MATTHEW D. WELLING DERIC W. PRESCOTT WILLIAM A. SULLIVAN BRENT N. WELLS ELIZABETH D. PULLIN MARC W. SUMMERS MARION R. WENDALL THEODORE T. RICHARD DAVID A. SUTTER CHRISTOPHER W. WERNER ASHLEY K. RICHARDS ERIC E. SUTTON JEFFREY B. WESTPHAL RICHARD M. ROBERTSON MATTHEW P. SUTTON KEVIN J. WHALEY JOSHUA DANIEL ROSEN MATTHEW J. SWANSON DANIEL J. WHEELER POLLY K. SANDNESS LYLE D. SWAPP SCOTT A. WHINNERY STEVEN JON SMART JUSTIN W. SWARTZMILLER STEVEN S. WHISLER MICHAEL R. SUBERLY ROBERT J. SWEARINGEN MICHAEL S. WHITACRE SHAWN C. TABOR RYAN J. SWEAZEY ALTON S. WHITE PATRICIA S. WIEGMANLENZ PATRICK J. SWEENEY DOUGLAS W. WHITEHEAD RICHARD A. WILLIAMS ROBERT J. SWEENEY RYE M. WHITEHEAD MATTHEW DAVID WINFREY CRAIG M. SWIERZBIN SCOTT B. WHITEHURST AARON EUGENE WOODWARD TOBIAS B. SWITZER TYLER D. WICKHAM GARY B. SYMON NOEL M. W. WILDAUER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LOUIS M. SZCZUKOWSKI JOE F. WILDMAN TO THE GRADE INDICATED IN THE UNITED STATES AIR TIMOTHY K. SZESZULSKI LISA M. WILDMAN FORCE UNDER TITLE 10, U.S.C., SECTION 624: BREANNE TABOR KEVIN M. WILEY To be colonel KHALIM A. TAHA SAMUEL R. WILHELM MICHELLE A. TARKOWSKI BRAD D. WILLIAMS ROBERT F. BOOTH DONALD C. TASKER DOUGLAS A. WILLIAMS TIFFANY A. DAWSON DAVID L. TAYLOR EARL WILLIAMS III DARREN C. HUSKISSON JASON E. TAYLOR JOSHUA J. WILLIAMS DIANA L. JOHNSON LELAND J. TAYLOR JOSHUA P. WILLIAMS WON KYU LEE MARLON TAYLOR MATTHEW K. WILLIAMS MICHAEL A. LEWIS STEVEN C. TAYLOR SEAN M. WILLIAMS CHARLOTTE M. LIEGLPAUL LUCAS J. TEEL TIMOTHY E. WILLIAMS TODD E. MCDOWELL BRANDON J. TELLEZ JAMES B. WILLS MARTIN T. MITCHELL JASON LEE TERRY SANDRA J. WILSON IRA PERKINS CLIFFORD M. THEONY SCOTT R. WILSON NATALIE D. RICHARDSON LISA S. THIEM APRIL L. WIMMER THOMAS A. ROGERS, JR. KENNETH G. THILL WILLIAM H. WIMSATT III JOHN D. SMITH ANTHONY ALEXANDER THOMAS GUY J. WINGENBACH MATTHEW S. WARD

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BRYAN D. WATSON CRAIG T. JOYCE RICHARD T. GRIFFIN PATRICK J. WELLS TODD A. KAMINS AUSTIN J. GULLETT ERIC J. WERNER JOHN J. KANETZKY JOHANN A. GUZMAN CHARLES E. WIEDIE, JR. ROBB S. KELLBERG ANDREW S. HAMILTON BRIAN S. KELLER IN THE NAVY AARON P. HANTMAN MATTHEW K. KOKKELER PHILLIP K. HOGAN, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIAN M. KRISTAN DANIEL J. HONEBEIN TO THE GRADE INDICATED IN THE UNITED STATES NAVY RUSSELL J. KUNTZ JOHN A. JAMISON UNDER TITLE 10, U.S.C., SECTION 624: ALAN M. LABONTE JOSEPH A. JANKOLA EMMERICH V. LANGHAM NICHOLAS G. KALKAS To be lieutenant commander JAMIE C. LATIOLAIS GREGORY J. KNOTT DAVID J. LATOUR CHRISTOPHER M. ALLEN MARK A. KNOX MATTHEW G. LAWRENCE FRANCIS D. J. AMMATURO FRANK C. KOVACS TROY R. LAWSON TRACEY M. APPLEBY JULIUS J. LIM CHRISTOPHER P. LEFFAKIS ROBERT T. ATIENZA BRIAN C. MOORE DARYL B. LINHARDT MELISSA A. BARNES MATTHEW D. MYERS HAROLD T. LITTLE DONALD G. BARNETT JASON Y. OSUGA JASON T. LOFTON JOSEPH J. BARTLEY, JR. JAREN R. PATTERSON TRACY J. LOPER KEVIN L. BATES WALTER PAULI GARY L. LOWE FREDERICK BAYERLEIN ROBERT A. PIPKIN SEAN G. LYNCH SUSAN M. BECKMAN MICHAEL S. QUAN MARCUS J. MACHART MICHAEL G. BELL AMANDA B. RICHARDS SCOTT R. MACMILLAN JERRY N. BELMONTE PAUL S. ROGERS GREGORY P. MARTIN TROY A. BERTRAN JUSTIN L. SCARBROUGH CHRISTOPHER A. MAY RONALD BETANCOURT SANTINO M. SGAMBELLURI LEE O. MCCLOUD BRIAN J. BLANKENSHIP MINEL J. TASTET ERIC M. MCLAUGHLIN ROBERT W. BOASE EMMANUEL M. THOMANN ROBERT W. MENDENHALL JENNIFER A. BOUCHARD PACKARD C. TRENT MICHAEL A. MERCADEL CHRISTOPHER D. BRECKENRIDGE KHALIA S. WARNER SHAWN D. MITCHELL LONDON BRIDGET GREGGREY T. WASEMILLER ROBERT M. MOFFATT MARK R. BRYAN JOSEPH R. WAY MARK R. MORGAN ALBERT A. BUDASZEWSKI DREW J. WHITTING ROBERT J. MORRISON ALVIN D. BURCHFIELD, JR. JACOB E. WILSON VAUGHN D. MORTON DAVID S. BUTLER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DARREN L. MULLEN WILLIS H. CAMPBELL TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRIAN T. MUTSCH GEORGE CANTU UNDER TITLE 10, U.S.C., SECTION 624: LOREN L. NICHOLS PHILIP J. CAREY JIMMY M. NOLEN JAMALL W. CARRETHERS To be lieutenant commander WILLIAM D. NORGAARD II WILLIAM K. CASTLEBERRY RICHARD J. NULL HANNAH L. BEALON EDWIN R. CATUBIG FRANCIS X. OBERT III NATHAN A. BOEGER JEFFERY C. CHALK CURTIS C. ONEAL JOHN M. CONNALLY REZA A. CHEGINI JASON B. OSBORNE JAMES L. FISHER JON C. CLARK TRACY A. OWENS ROBERT C. GRIFFITH ROBERT S. COLLETT ROBERT L. PAGE, JR. BRIAN D. HACKNEY TODD J. COLLIFLOWER ERIC I. PALMER JEFFREY C. HAMILTON SHAWN T. COLLINS MICHAEL A. PALMER JAMES T. HERZOG ERIC A. COUNCIL MICHAEL I. PECK RYAN H. KING STEPHEN M. CRONEY JOHN W. QUINATA RICHARD J. MASCOLO FRANK B. CROUSE JOHN A. REDFORD KYLE C. MOORE HERIBERTO CRUZ, JR. JASON A. RINTO SEAN M. NELSON ROBERT A. CURRAN, JR. ROBERT RODRIGUEZ SCOTT V. PARKER BRADLEY A. DANDURAND TODD C. RONEK JAMES H. PENSEL KURT E. DAVIS GARY A. RONEY RYAN A. RIPPEON BRIAN S. DEMBICKY JASON A. ROSS MALCOLM S. SIMIEN PHILLIP L. DENNIS CHAD A. SAMPLES CALVIN T. STANFORD JEFFREY C. DENNISON MARC C. SCHUH EDWARD M. VALDEZ DAVID E. DEREE, JR. SHAYNE J. SCHUMACHER JEFFREY P. WILCOX JOHN M. DIAZ TRAVIS L. SCOTT ALFRED S. WILLIAMS CHRISTIAN B. DILLARD KEVIN P. SHAVER JERRY L. WOODS WILLIAM D. DOUGHER DAVID T. SHULTZ ALICIA R. WRIGHT HOWARD T. DOVE JAMES W. SIMMONS, JR. MICHAEL B. DUWEL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TRUITT M. SMITH JASON L. DYGERT TO THE GRADE INDICATED IN THE UNITED STATES NAVY DAVID M. SMITHERS JEREMY D. ELMER UNDER TITLE 10, U.S.C., SECTION 624: JEFFREY R. SOMERS PATRICIO ESCALONA, JR. RALEIGH E. STAHL SHANON J. FALLON To be lieutenant commander JACK B. STANLEY PHILIP A. FARLEY SCOTTIE D. STRONG BRIAN C. BAKER MICHAEL J. FELDHUES TODD L. STUFLICK DON E. BARBER, JR. BALTAZAR FERNANDEZ III LORENZE B. TATE III JASON R. BARDIN JAMES C. FISH TIMOTHY J. THREADGOLD BRIAN C. BROADWELL OSCAR S. FLORES BRIAN L. TICHENOR RICHARD G. BUCKLEY THOMAS M. FOEGELLE, JR. JOE M. TOWLES MATTHEW O. CAYLOR BOBBY L. FOREST JOHN G. VANOVER BRIAN D. CUMMINGS JAMES W. FOSTER JESS A. VAUGHT JOSEPH E. DUCHESNEAU ANTHONY K. FRANKLIN CHRISTOPHER VERDELL PAUL J. FELSING II RONALD L. FREEMAN, JR. KEVIN J. WALL NEIL R. FLANDERS WARREN FREEMAN, JR. MICHAEL C. WALTERS DAMON P. GASS ANTHONY B. FRIES ADRIENNE M. WIGGINS KEITH A. GEHRKE LEO P. FUNARI, JR. ROBERT B. WILEY HENRY T. GILBERT IV MICHAEL D. GANN KYLE A. WILLIAMS ERIC K. GRAEWERT RUBEN GARZA, JR. LAWRENCE L. WILLIAMS RYAN N. HAAG ROBERT P. GEORGE ROBERT L. WINTERS JON H. HOPKINS ANDREW D. GIANINO SCOTT D. WOODS MICHAEL J. KNOOPS EDWARD GINDER ANDREW R. WROBEL MICHAEL R. KRUEGER PAUL K. GITZEN JEFFERY B. YANCEY MIRANDA C. LABASH PETRONILO S. GOMEZ KENNETH R. YATES MATTHEW L. LINDSAY ANTONIO S. GONZALEZ, JR. RONALD R. YNIGUEZ KEITH A. LUDWICK JAIME GONZALEZ BILLY W. YOUNG JONATHAN C. MCCARTER SCOTT R. GOODIN KEVIN C. YOUNGBLOOD NEIL A. MYERS EDWARD R. GRADWELL WALTER J. ZAPF KURT L. PODRAZIK SAMMIE D. GREEN BRIAN S. ZELLNER DANIEL A. REDDEG, JR. STEVEN J. GREEN STACEY E. ZIMMERMAN DARREN C. SCHIERMEYER DAVID L. HALEY MALCOLM C. SMITH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NATHAN A. HALL ROBERT S. STEWART TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOSEPH W. HAMMOND ROBERT W. THOMPSON UNDER TITLE 10, U.S.C., SECTION 624: WAYNE T. HARDERS JOHN L. TOMAR KELVIN HARKINS To be lieutenant commander SEAN M. WHITT CHRISTOPHER M. HARPER KAN YANG ALTHEA HARRIS WAJAHAT ALI THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GEORGE HARRIS DAREN W. BABULA TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHN E. HARRIS DOMINIC R. BAILEY UNDER TITLE 10, U.S.C., SECTION 624: ROBERT N. HARRIS KRISTINA M. BASTONE STEPHEN J. HARTLEY, JR. CHARLES F. BELL III To be lieutenant commander JIMMY R. HARVEY PETER T. BEUTTENMULLER ROBERT J. HERBSTREITH CHRISTOPHER R. BOLTON KRISTIE M. COLPO CHRISTOPHER S. HIMES MICHAEL J. BONACORSA MATTHEW S. CUSHANICK DAVID J. HOGG JAY E. BOYLES LAURAMICHEL DEHAAN ROBERT E. HORTON JOSEPH C. BYROM DOMINIC F. DIMAGGIO TERRY C. HOSKINS, JR. CHRISTOPHER J. CALLAHAN CYNTHIA K. HENZE DEREK S. HOWARD STEPHEN D. CURTAS CHRISTOPHER M. MORRIS JACK L. HURLEY ANDREW C. DAVIS JEFFREY R. PORTELL JEVON C. JACKSON CHRISTOPHER A. DUMAS JAMES A. SCIANNA JEREMY L. JAMES DAVID J. ELLISON ALLISON B. TERRAY DOUGLAS L. JENKINS II JOHN D. B. FINE COLIN L. THORNTON ADAM C. JENNINGS AMANDA L. GILL DAVID H. WATSON, JR. KENNETH D. JONES ERICA F. GOODWIN MATTHEW N. WATTS

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THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KATHLEEN M. WILLIAMS TIMOTHY S. BREWER TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHRISTOPHER J. WING SCOTT E. BRICKNER UNDER TITLE 10, U.S.C., SECTION 624: KYLE L. WOERNER DAMON J. BRIDGES MICHAEL A. WOODS ROBERT J. BRIGGS To be lieutenant commander AARON A. ZIMMER JAMES V. BRISCOE ONEGE BATEAGBORSANGAYA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIAN BRONTE JAMES R. BROOKS MARTIN M. BATTCOCK TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOSHUA J. BROOKS JUSTIN D. DRAGON UNDER TITLE 10, U.S.C., SECTION 624: KIMBERLY T. MANUEL CHRISTOPHER M. BROWN STEPHEN OSWALD To be lieutenant commander JEFFREY K. BROWN, JR. STEPHEN D. RITTERMANN MICHAEL J. BROWN SHANE L. BEAVERS MICHAEL G. TOMSIK RANDALL M. BROWN MATTHEW J. BELLINA THOMAS J. BROWNING THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROMEO J. CLAYTON BENJAMIN M. BRUMM TO THE GRADE INDICATED IN THE UNITED STATES NAVY WILLIAM M. CORLEY MATTHEW J. BRUNELLE UNDER TITLE 10, U.S.C., SECTION 624: AMANDA L. DZANANOVIC JADE L. BUCKLER To be lieutenant commander JAMIE M. ERICKSON JUSTIN M. BUMMARA MICHAEL J. GENTA BRIAN C. BUNGAY ANTHONY J. FALVO IV STEPHANIE K. HAYES IAN M. BURGESS CALLIE D. FERRARI ALLISON M. HILLS JOSEPH C. BURGON MATTHEW S. GILL LESLIE A. HUFFMAN DAVID B. BURKE AARON V. KAKIEL JEREMY N. HYLER ROBERT C. BURKE KATHRYN E. KELLY ANDREW I. JOHNSON NICHOLAS A. BURKLE WILLIAM M. KNIGHT JEANINE A. LANG MATTHEW M. BUSSE AMBER J. LEWIS WILLIAM P. LEWIS LINDSEY C. BUZZELL RICHLYN C. NEAL ROBERT V. LIBERATO CHARLES W. BYARS CLINTON E. PHILLIPS ROBERT A. LINN CHRISTOPHER R. BYRNES NATHAN C. POTTER KAITLIN M. MCLEOD MARK B. CALLAGAN GREG D. RAELSON ENDIA T. MENDEZ BRYAN P. CALLAN SEAN P. RIORDAN MICHAEL J. PYNE DAVID A. CAMP NICOLE R. SCHWEGMAN STEVEN J. RANCOURT CALVIN M. CAMPBELL, JR. NICHOLAS D. SHERROUSE NICOLE A. ROTUNDA JOSEPH L. CAMPBELL HAYLEY C. SIMS ALICIA M. SALERNO RENE CANO, JR. MICHAEL L. SMITH PATRICK M. SALUKE ALAN J. CARLSON WILLIAM B. TISDALE KRISTIN M. SHEPHERD BRETT A. CARSTENS DONALD J. CARTER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AMY M. SIMEK LACEY M. SIZEMORE PAUL M. CASE TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHRISTOPHER CAUSEE UNDER TITLE 10, U.S.C., SECTION 624: MATTHEW C. SULLIVAN JOHN J. WILLIAMS BORYA I. CELENTANO To be lieutenant commander JULIAN M. CENTENERA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSEPH D. CHAMBERLIN TRENTON J. ARNOLD TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHARLES E. CHAMBERS II VICTOR D. BALDONI UNDER TITLE 10, U.S.C., SECTION 624: TARUS D. CHATMAN DAVID F. BELL To be lieutenant commander DANIEL J. CHILTON LESLIE O. BRANCH III IN S. CHO TZU H. CHEN CHARLES B. ABBOTT ADDAM D. CLARK ARNOLD L. CORTEZ JAMES S. ACKERMAN EARNEST F. CLARK, JR. LINCOLN S. ENDECOTT JASON M. AGOSTINELLI RANDALL J. CLEMONS IAN J. ESPICH MELANIE K. AHLE ANDREW F. COATES MICHAEL A. FREAS NICHOLAS R. AHLEN RICHARD J. COILLOT WILFRED H. JUDD III DARIUS V. AHMADI STEPHEN M. COL BRIAN J. LEETCH ALEX W. ALDRICH NICHOLAS S. COLLIER MARK T. LOGAN SAMUEL R. ALDRIDGE TREVOR J. CONGER ADAM R. LYSENE MATTHEW P. ALLAN THOMAS R. CONKLIN JASON T. MARTINSON DANIEL E. ALLEN MICHAEL R. CONRAD JARED M. MAULDIN FREDRICK J. ALLEN WILLIAM J. COOPER AARON L. MOELLER WILLIAM Y. ALLEN AUSTIN W. COOVERT NICHOLAS B. MULCAHEY TRAVIS R. ALLISON JAMES R. CORDONNIER JEFFREY A. TOMASZEWSKI DIEGO F. ALVARADO MICHAEL CORNWELL ROBERT A. WAINSCOTT, JR. ANDREA J. ALVORD DEVIN P. CORRIGAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BEN L. ANDERSON JOSE B. CORTEZ TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRIAN C. ANDERSON BRADLEY T. COWDEN UNDER TITLE 10, U.S.C., SECTION 624: JAMES F. ANDERSON ANNE M. CRAWFORD MARK K. ANDERSON EARL A. CRAWFORD To be lieutenant commander TIMOTHY R. ANDERSON JEFFREY J. CREIGHAN HIRAM ANDREU STUART L. CROCKFORD BRIAN C. FREDRICK STEPHEN T. ANDROS COLLIER C. CROUCH JASON M. PETTITT BRIAN S. ANTHONY JOHN R. CRUMPACKER CHRISTOPHER W. TAYLOR JAMES P. ANTONIONO WILLIAM F. CUNNINGHAM ERNESTO R. VILLALBA MICHAEL J. APONE JEREMIAH M. DALEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WADE C. ASHLEY JAMES J. DALO TO THE GRADE INDICATED IN THE UNITED STATES NAVY KURT C. ASTROTH MICHAEL S. DALRYMPLE UNDER TITLE 10, U.S.C., SECTION 624: FREDERICK ATIENZA JOHN F. DALY III To be lieutenant commander DANIEL A. BAILEY LOUIS A. DANTONIO APRIL D. BAKKEN MATTHEW J. DATTOLI MATTHEW R. ARGENZIANO THEALOS C. BALLAS MICHAEL A. DAURO TROY D. BAILEY BRENT L. BANKS ANDREW B. DEAN NATHAN V. BEACH JEREMY J. BARDIN JAMIE L. DECOSTER BRYAN M. BLAIR DREW R. BARKER BRIAN A. DEIBIG ERIC D. BREGE JOSIAH K. BARKER VIDAL DEJESUS RICHARD A. COLE JEREMY D. BARNES JASON DELANEUVILLE JOHN E. DALTON EDWARD J. BARRY LUIS P. DELGADO JONATHAN R. DERGES JONATHAN R. BAUGH KIRK T. DELPH TIMOTHY S. DUTTON STEPHEN E. BAUSERMAN SHANE R. DENNIS CAROLYN J. ENGLAND JONATHAN S. BEATON SHAUN E. DENNIS CAROLE J. ETHERINGTON CHARLES H. BECKER BROOKE H. DESROCHERS DION G. FONTENOT JOSEPH K. BEHAN CHRISTOPHER S. DIAS KEN G. FOOS KEVIN J. BEHM JAMIE J. DIAZ DANIEL L. HEMMINGER CHRISTIAN A. BEISEL PHILLIP S. DIPAOLO GABRIEL D. HERNANDEZ THOMAS D. BELCHIK, JR. JOSHUA M. DISHMON WENDELL R. HOLMES SAMUEL D. BELL JASON D. DIVITO JARED A. JOHNSON DEVON M. BENBOW JAMES R. DOBBS MELISSA L. JOLLEY WILLIAM M. BENCINI ANDREW L. DOMINA RICHARD B. LEBEL CHRISTOPHER B. BENNETT JOSEPH DOMINGUEZ VIDAL C. LOZADA DARRICK M. BERENS JOHN T. DONOHUE ANDREW M. LUTERAN BRIAN J. BERG THOMAS J. DORAN CALEB W. MACDONALD DIANA L. BETZ JONATHAN D. DORSEY TIMOTHY R. MAYER JESSICA F. BETZ DAVID A. DOSTAL MATTHEW C. MCCULLEY JOHN R. BLACKFORD SEAN R. DOUGHERTY ERIC P. MCDOUGALL CHRISTOPHER E. BLAIS CODY A. DOWD CRYSTAL A. MILLER BRIAN K. BLASCHKE PAUL S. DUENAS SCOTT C. MILLHOUSE BRIAN C. BLAYDES JOHN J. DUES, JR. PETER L. NORGAARD MATTHEW M. BLEVINS DAVID E. DUFAULT SETH J. PIERCE PATRICK E. BLIND JOSH W. DUGGAN SETH J. ROSENBERRY MARK A. BLOMER CHRISTIAN F. DUMLAO JUSTIN J. SALVIA MARK E. BOAZ RONALD D. DUNCAN MARTA K. SAVAGE NICHOLAS J. BOCCAGNA STEPHEN A. DURAN DAMIAN J. SMITH NICOLAS T. BOGAARD NORM L. DURHAM DANIEL SORIA DANIEL B. BOND STEVEN A. DYKSTRA CHRISTOPHER M. SOVA PETER M. BORSZICH JUSTIN P. ECKHOFF ERIC J. THURKINS, JR. TODD C. BOWERS JOSEPH M. EDELEN CHRISTOPHER A. TILLEY BRADLEY M. BOYD ROBERT L. EDMONSON III DANIEL L. URBANCZYK BRIAN J. BRADACH DAVID F. EDWARDS MATTHEW A. VANHORN DAVID R. BRANDON GREGORY W. EDWARDS KEVIN A. WHITE JAMES P. BRAUNREITER LLOYD R. EDWARDS JAMES R. WILKINS IV DAVID M. BRENNAN TABITHA J. EDWARDS EVAN B. WILLIAMS SCOTT A. BRESNAHAN BRIAN J. EHRHARDT

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SETH R. EISENMENGER SAMUEL HIGGINBOTHAM JOSHUA C. MATTINGLY MICHAEL E. EK ERICH R. HILL MICHAEL R. MAZZONE ANTONE B. ELIASEN JOHN D. HILL DUSTIN R. MCCALLISTER DEREK J. ELLIOTT BRANDON B. HILLIARD THOMAS D. MCCANDLESS IV KIRK D. EMANUELSEN II PHILIP J. HINTON BRYAN R. MCCARTHY NICHOLAS S. ENGELBRECHT NICHOLAS G. HOFFMAN JOHN P. MCCARTHY GREGORY B. ENZINGER JAMES F. HOPP JONATHAN I. MCCARVER JAMIE M. EPPS JAMES H. HORA LINDA H. MCCAULEY CHRISTINA E. EVANS JOHN B. HORN DARREN D. MCCORMICK RICHARD C. EYTEL ROBERT P. HORTMAN, JR. MATTHEW A. MCCORMICK THOMAS C. FALCONER JOHN N. HOWARD JOSHUA Q. MCCRIGHT JOHN E. FALLON ADAM HOWELL MATTHEW J. MCCULLOUGH BRAD A. FANCHER SCOTT C. HUDSON CHRISTOPHER G. MCCURRY DEAN B. FARMER II JERALD T. HUMPHREY III JAMEEL MCDANIEL TARA A. FEHER CHRISTOPHER P. HUSSEY KYLE O. MCDANIEL JOSEPH C. FERRARI ALDEBARAN K. IMPERATORE MICHAEL R. MCDONALD PETER A. FIELD ANDREW M. IMPERATORE CHRIS S. MCELROY ERIK S. FIGUEROA DANIEL D. INBODY JOSEPH L. MCGETTIGAN JEFFRY S. FINDLAY RYAN C. INGRAM SEAN P. MCGLADE SPENCER M. FISHMAN MARQUES D. JACKSON MICHAEL S. MCGUIRE WILLIAM F. FITZKEE KATIE JACOBSON PATRICK F. MCINERNEY ALLISON M. FLETCHER JASON G. JEANPIERRE PETER A. MCKEEVER NEIL B. FLETCHER JUSTIN W. JENNINGS PATRICK L. MCKELVEY MIKHAEL A. FLOYD AMEIAN JEREMIAH DAVID J. MCLAUGHLIN MARSHALL H. FOARD SCOTT T. JOHNS MICHAEL P. MCLAUGHLIN JOSHUA E. FOGARTY CALE W. JOHNSON JEFFREY J. MCLEAN MICHAEL L. FOLEY DEVINE JOHNSON ALEXANDER M. MCMAHON JOSEPH A. FONTENOT JOSHUA M. JOHNSON MICHAEL T. MCMAHON DAVID J. FOOTE BRETT L. JONES MEGAN A. MCWILLIAMS DANIEL R. FORD JACOB A. JONES GILLIAN L. MEDINA LARRY R. FORD, JR. SCOTT A. JONES JOHN W. MEISE SHANNYN W. FOWLER TIMOTHY B. JONES TIMOTHY J. METCALF SHANE M. FOX RICHARD S. KADLICK WILLIAM T. MIANTE JOSEPH W. FRANKS JEFFERY A. KAHN CHRISTOPHER M. MILLER NATALIE R. FRANTZ NATHAN D. KAHN ERNEST L. MILLER III ROBERT J. FRANTZ VINCENT A. KAHNKE MICHAEL S. MILLER JOSEPH T. FREDA JOSEPH T. KARAFFA STEPHEN P. MILLOWAY JAMIE L. FRENCH MICHAEL G. KEATING COLLEEN M. MINIHAN SCOTT B. FRENCH RYAN M. KEHOE JAMES M. MISSLER, JR. ROGER L. FRINGER JAMIE A. KELLY DANIEL E. MITZNER MICHAEL L. FRISBY II LANCE K. KELLY JONATHAN L. MOCKER WILLIAM J. FRY CHRISTI N. KENNEDY KEVIN M. MOELLER DANIEL R. FULTON MARCUS A. KEPHART MATTHEW C. MOESER NOA J. FUNK PATRICK N. KILCREASE BRADLEY M. MONGER SCOTT J. FYOCK SI H. KIM MICHAEL R. MONTOYA PETER A. GAAL RYAN M. KING ALLISON L. MOON COLIN M. GAINES JOHN A. KIRSCHKE III JONATHAN D. MOONEYHAM JEFFREY S. GAMMON, JR. COMER T. KNIGHT COLLEEN E. MOORE JEFFREY GARCIA JASON D. KNOX THOMAS C. MOORE JASON R. GARIS KYLE D. KOBOLD FRANK J. MORALES FRANCISCO X. GARZA BENJAMIN C. KOHLMANN MELISSA A. A. MORAVAN CHARLES C. GASTON DOUGLAS R. KRAMER JOSHUA D. MORGAN FORREST D. GEER DANIEL J. KRAUSE LARRY P. MORGAN MATTHEW L. GEER KEVIN P. KREUTZ JASON P. MORTIMER DAVID B. GELESZYNSKI JOSHUA M. KRIEG MATTHEW A. MRAVLJA KIMBERLY J. GENTNER JOSHUA D. KRISTENSON NOELLE R. MURPHY NICHOLAS D. GEORGE PHILLIP R. KRITES ADAM C. MURRELL MATTHEW A. GERBER STEVEN N. KUEHN JAMES C. MUSE RYAN M. GERO STEVEN H. KUKLA MICHAEL J. MYERS THOMAS P. GILFILLAN ERIN M. KURZ KRISTOPHER J. NASTRO TRAVIS J. GILL LUKIN C. LAIN ROBERT J. NEFF ROBERT B. GILLENWATER JONATHON G. LANCE BRENDAN O. NEGLE DAEHYUN J. GILLESPIE WRENN E. LANDERS BENJAMIN E. NEHRKE ANN K. GILSON PETER D. LANGLEY JASON A. NELSON AMY E. GIRALDI EVAN A. LARSEN ROBERT A. NEUERMAN MICHELLE A. GIRE TRAVIS A. LARSON STEPHEN T. NEUMAN ROBERT R. GIVEN CHARLES A. LARWOOD III BRIAN J. NEWGREN SEAN T. GLARNER CONOR P. LATHAM SHAWN T. NEWMAN JOHN E. GLOVER, JR. ANDREW B. LEATHERWOOD WENDY S. NG CURTIS J. GOBERT, JR. CHESTER LEE III THANH T. NGUYEN, JR. KEVIN C. GORECKE DONALD E. LEE II DAVID A. NICHOLS JOEL A. GOW JON D. LEE KEITH S. NIELSEN CHRISTOPHER K. GRABILL KEVIN O. LEIVA SHELBY M. NIKITIN ERIK A. GRAHAM TIMOTHY A. LEONARDI ERIK A. NYHEIM MICHAEL C. GRAHAM ERIC V. LEONHARDI JOSHUA D. OAKES GABRIEL R. GRAUKE JACOB A. LERNER PATRICK J. OBRIEN JEFFREY M. GRECO PETER E. LESACA KRISTEL A. OCANAS CHRISTOPHER J. GREEN PATRICK M. LESLIE AARON M. OCHALEK CULLEN M. GREENFIELD JEFFREY J. LESSARD TOD F. OCONNELL ANDREW J. GREENLEES MATTHEW D. LETCHER RYAN J. OGDEN MICHAEL J. GREGA KRISTEN N. LEVASSEUR NATHANIEL I. OKELLY BRANT P. GRESHAM KORI L. LEVYMINZIE STACEY L. ONEAL MARY L. GRESKO JAMES J. LIGHT NATHAN T. ONEIL JOHN M. GRIFFITH MICHAEL A. LILLEBERG BRENDAN ONEILL RODNEY A. GROGAN JENNIFER C. LIPSCOMB FRANK J. ORSINO JONATHAN M. GUIDRY CARL S. LIPTAK MARK A. OSWALT JOSEPH GUNTA BRYAN R. LITTIN ANNIE J. OTTEN DAVID M. HAFEMAN THOMAS G. LITWIN ERIC C. OVIATT WILLIAM J. HAFER SEAN J. LOCKE JOSEPH S. OWMBY III MATTHEW C. HAMM LACY N. LODMELL JONATHAN D. PADGETT JEREMY M. HANSLER ISAAC R. LONG GREG A. PAGE JOHN D. HARKINS JONATHAN E. LONG WALTER J. PAK JASON R. HARR CHRISTOPHER J. LONGABAUGH MICHAEL R. PANGRAC STEPHEN C. HARRINGTON JUSTIN W. LONGO SAINATH P. PANJETI CLARENCE S. HARRIS II JESSE D. LORENZEN STEVEN C. PARENTE CHRISTOPHER M. HARRISON JASON D. LORIZ JEREMY J. PARM BRYAN P. HART NICHOLAS J. LUNSFORD ISAAC M. PELT KATHERINE R. HART JOSHUA L. LUSK GARY L. PEMBLETON MICHAEL S. HARTMANN CODY C. LUTKE JAYSON PEREZ PAUL M. HATFIELD MICHAEL R. LYLE JOHN C. PERKINS TRAVIS A. HAVENHILL MICHAEL J. LYNCH DANIEL W. PERSON MATTHEW G. HAYS JOHN D. MACK BRYAN A. PETERSON JUSTIN A. HAYWARD ERIC J. MADONIA KELSEY C. PETERSON III NEAL D. HEATON NICHOLAS C. MADREN SAMUEL P. A. PETERSON TODD W. HEIG CHLOE D. MAILER STEPHEN R. PETRES JONATHAN R. HEIL DAWN T. MAKOWSKY MICHAEL W. PFEIFFER MICHAEL J. HELLARD JOHNPAUL S. MANTONE MATTHEW C. PIASECKI BENJAMIN B. HENDRICKS HECTOR MARIN ANTHONY J. POLO HARLAND A. HENDRICKS MICHAEL R. MARKS MATTHEW B. POWELL AMANDA M. HENRY PRESTON S. MARSHALL RICHARD J. PRESCOTT EDMUND D. HENRY PATRICK R. MARTIN ANDREW J. PRITCHETT RYAN M. HERNANDEZ JOEL P. MARTINEZ BRAD D. PRYOR PHILLIP C. HERNDL DANIEL M. MARZLUFF MICHAEL P. QUARG JEFFREY W. HERZOG ANDREW J. MASCOTTI JON B. QUIMBY FREDERICK G. HETTLING JOHN K. MASTRIANI COLIN J. QUIRINO CORY S. HICKS JOHN R. MATEIKAT ALEX S. RAFAL JASEN A. HICKS ADAM M. MATTHEWS JOSHUA N. RAGADIO

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ROBERT RAMIREZ III LESLIE A. SLOOTMAKER MATTHEW P. WALSH STEPHEN J. RAULLI DANIEL W. SMITH TIMOTHY P. WALSH JENNA K. RAUNIG JOHN C. SMITH BRYAN T. WALTHERS RICHARD S. RAVENDO KELLIE J. SMITH CHARLES E. WALTMAN II CASSIDI A. REESE MARLIN R. SMITH III TRAVIS E. WANDELL MATTHEW M. REHBERG MICHAEL R. SMITH JEFFREY A. WARE DAVID P. REHNBERG TYLER Y. SMITH BRYAN P. WATSON JOHN R. REINER JOSEPH W. SNYDER JEFFREY M. WEBB BRIAN G. REIZISS LAURIE A. SOLBERG MICHAEL R. WEBB JESSICA N. RENON PHILIP D. SOSEBEE PATRICK A. WEED ERNIE REYES SCOTT C. SOUTH GERALD V. WEERS FERNANDO R. REYES CHARLES C. SPIVEY III MICHAEL J. WELGAN MATTHEW B. RHODES JAMES M. STACHURA SCOTT E. WELLES CHRISTOPHER M. RIALS SCOTT B. STAFFORD JOSHUA B. WELLS CHRISTIAN P. RICHER MATTHEW G. STARR JAMES V. WELSCH III GLENN D. RICHESON JAMES B. STAUFFER JAMES M. WENDLER LOGAN T. RIDLEY CHARLES E. STEELE II ELIOT A. WESTON EDWARD Z. RIENDEAU MICHAEL T. STEFFENS SAMUEL WHEELER LOUIE RIVERA RONALD M. STEHLIN II ALFONZA O. WHITE ANTONIO RIZIO SHAUN M. STEINBARGER THOMAS W. WHITE ERIK S. ROBERTS CHRISTOPHER J. STEVENS CHRISTOPHER K. WHITEHOUSE JAMES A. ROBERTS ERIC F. STILES JASON D. WHITEMAN JOSEPH A. ROBERTS ROBERT T. STINSON ROBERT W. WHITMORE BRANT J. ROBINSON MICHAEL A. STOCK BRETT A. WHORLEY TIMOTHY E. ROGERS MANUEL B. STRANGE DANIEL T. WICKERSHAM ALERON B. ROGNLIE ANTHONY G. STRANGES HENRY J. WICKS SUMNER J. ROLLINGS, JR. SCOTT A. STRATMAN JARED M. WILHELM DANIEL D. ROPP JARED J. STROUT JULIEANNE K. WILKENING MICHAEL G. ROSS ERIK P. STRZEMPKA JAMES M. WILLETTE SAMUEL J. ROTH AARON M. STUTZMAN BRETT M. WILLIAMS BOBBY J. ROWDEN JAMES SULLEN, JR. JOSHUA A. WILLITS MICHAEL D. RYAN SEAN M. SUNDEY DANIEL M. WILTFANG JONATHAN L. SABURN JEFFREY R. SWEITZER DAVID L. WILTSHIRE NICHOLAS E. SAFLUND MICHAEL A. SWYERS MICHAEL L. WINDHAM ANTONIO L. SAMUEL KARI A. SZEWCZYK ERIC WINN THOMAS SANECKI DENNIS A. SZPARA BRAD D. WOHLENHAUS MATTHEW H. SASS ALLISON W. TASSO BRYAN T. WOLFE DESTINY N. SAVAGE PATRICK E. TEMBREULL YANCY M. WOODARD MICHAEL A. SAYLOR KARI J. TEREICK BRANDEN K. WOODS GRAHAM C. SCARBRO MICHAEL R. THERIOT DUSTIN R. WORLEY CRYSTAL L. SCHAEFER EMILE D. THERRIEN TIMOTHY V. WRITER KEVIN M. SCHAEFFER MATTHEW C. THIEN MARVIN L. WYNN II JONATHAN P. SCHERMERHORN JOHN L. THIESSEN ANDREW W. WYRICK CARLSON E. SCHINDLER DREW F. THOMAS JAMES A. YACH RICHARD G. SCHMIDT JARED B. THOMAS WESLEY W. YANCEY BRADLEY V. SCHOULTZ JOSHUA C. THOMPSON ADAM D. YATES DUSTIN A. SCHRAUD JAMES D. THORNTON JASSEN E. YATES GORDON M. SCHRIVER TIMOTHY J. THURSTON MICHAEL D. YEAGER ANDREW J. SCHWENKHOFF ADAM S. TISDALL KEVIN R. S. YOST KEITH E. SCOTT MICHAEL J. TOZZI KEITH D. YULL JOSHUA D. SEAMOUNT GREGORY J. TRACH JOHN M. ZAHODNE BENJAMIN L. SEBEK TODD M. TRAGO ADAM I. ZAKER BRETT R. SEELEY TIN T. TRAN AMANDA H. ZAWORA CHRISTOPHER V. SEIVERS DAVID N. TRENHOLM NICHOLAS J. ZIMMERMAN ERNIQUE L. SESLER ERIC D. TURNER DAVID C. ZINKHON CAROLINE A. SEVERSON JOSEPH S. TURNER GEORGE S. ZINTAK WILLIAM R. SHERIDAN II KEITH T. TURNER ERIN E. SHERRY SHAUN S. TURNER MATTHEW L. SHETLER STEPHEN M. VALERIO f KEVIN K. SHIKUMA VALERIE K. VANHO MICHAEL M. SHORT JAMES S. VANNEST WILLIAM J. SHULTZ IV KENNETH W. VAUGHN CONFIRMATION PETER J. SILVA, JR. THEODORE J. VERMEYCHUK ANDREW SIMMONS ANDREW J. VINCENT Executive nomination confirmed by STEPHANIE M. SIMONI DAVID R. VOGELGESANG ROSS W. SIMPSON MATTHEW P. VOSS the Senate July 25, 2013: JORDON C. SIMS JACOB N. VRBAS DEPARTMENT OF JUSTICE RHEANNA M. SINNETT BRENT C. WADSWORTH JARED L. SLABICKI CHAD C. WALKER DEREK ANTHONY WEST, OF CALIFORNIA, TO BE ASSO- JOHN T. SLAGLE JONATHAN N. WALLACE CIATE ATTORNEY GENERAL.

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