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

Vol. 159 WASHINGTON, MONDAY, FEBRUARY 4, 2013 No. 16 Senate The Senate met at 2 p.m. and was ation of the motion to proceed to S. 47, Congress to block its reauthorization called to order by the President pro the Violence Against Women Act. At last Congress. Despite strong bipar- tempore (Mr. LEAHY). 5:30, the Senate will vote on the motion tisan support here in the Senate, Re- to proceed to the bill. publicans in the House refused to join PRAYER f the effort to renew our national com- The Chaplain, Dr. Barry C. Black, of- mitment to ending domestic violence. fered the following prayer: MEASURES PLACED ON THE Allowing partisan delays to put wom- Let us pray. CALENDAR—S. 201 and S. 204 en’s lives at risk is simply shameful. If Lord God, You are infinite, un- Mr. REID. Mr. President, there are House Republicans believe domestic vi- changeable, and holy. Thank You for two bills at the desk due for a second olence is no longer a problem in this this day and the opportunities to be reading. country, they are wrong. Every day stewards of Your love, grace, and com- The PRESIDENT pro tempore. The three women in America die at the passion. Use our Senators to respond to clerk will read the titles of the bills for hands of their abusers. Every day many the needs in our world, infusing them the second time. women escape with their lives but with with a willingness to do Your will. In- The legislative clerk read as follows: the physical and emotional scars of the vade their hearts and minds with Your A bill (S. 201) to prohibit the sale, lease, abuse that exists. peace as they envision Your plans and transfer, retransfer, or delivery of F–16 air- More than one-third of women in this purposes. Lord, give them power to craft, M–1 tanks, or certain other defense ar- country have been victims of violence, handle the pressures, light for their ticles or services to the Government of sexual assault, or stalking by a part- path, and patience for their challenges. Egypt. ner—one-third of the women in this Let Your wisdom guide them, Your A bill (S. 204) to preserve and protect the country have been victims of violence, free choice of individual employees to form, hand guard them, and Your shield pro- sexual assault, or stalking by a part- join, or assist labor organizations, or to re- ner. It is in our power to help, and it is tect them. frain from such activities. We pray in Your great Name. Amen. unthinkable that Republicans in the Mr. REID. Mr. President, with these House would prevent us from taking f two bills, I would object to any further action and again refuse to do anything, PLEDGE OF ALLEGIANCE proceedings. as they did last Congress. The PRESIDENT pro tempore. Objec- The Honorable PATRICK J. LEAHY led Victims of violence and law enforce- tion is heard. The measures will be the Pledge of Allegiance, as follows: ment officials who support them have placed on the calendar. I pledge allegiance to the Flag of the already waited too long for Congress to United States of America, and to the Repub- f act. This week, the Senate will pass a lic for which it stands, one nation under God, strong bipartisan reauthorization of indivisible, with liberty and justice for all. VIOLENCE AGAINST WOMEN ACT the Violence Against Women Act. This f Mr. REID. Mr. President, in the two is something that was put forward by decades since the Violence Against the chairman of that committee, the RECOGNITION OF THE MAJORITY Women Act passed—it passed with a Judiciary Committee, Senator LEAHY. LEADER very strong vote, a bipartisan vote here He has worked hard on it. He did every- The PRESIDENT pro tempore. The in the Senate, and then in the House at thing possible last Congress to get this majority leader is recognized. the time—incidents of domestic vio- done. Because of the House’s intran- f lence have fallen by more than half, by sigence, they refused to do anything in as much as 53 percent. The law has spite of his work. SCHEDULE helped millions of women and children I thank Chairman LEAHY, Senator Mr. REID. Mr. President, I am going escape their attackers and get the jus- MURRAY, and the women of the Senate to have to get used to the President tice they deserve. It is a landmark for their leadership on this issue. I am pro tempore presiding over the Senate. piece of legislation. That is why Con- pleased so many of my Senate col- That is not the script we have followed gress twice reauthorized this legisla- leagues have expressed support for for quite a few years. I am very happy tion without a hint of controversy or a swift action on this legislation, and es- to see him here, as usual. moment of delay. pecially so many Senate Republicans Following leader remarks, the Senate But despite the overwhelming evi- have supported this legislation. The will be in a period of morning business dence this legislation saves lives and Senate will not allow women to be de- until 5 p.m. Following morning busi- protects women, House Republicans nied the protection they need and de- ness, the Senate will resume consider- used every procedural trick known to serve.

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

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Every victim of to offset more than 1 week—1 week—of Every day spent talking about cor- domestic violence deserves the same the decade-long sequester—1 week. Of porate jets is a day wasted. Given that vigorous protections under the law. Be- course, anytime you have a tax hike, the President again missed the dead- cause of the unique nature of the there are going to be negative reper- line to submit a budget on time this crime, combating domestic violence cussions for growth and jobs. We do not year, there is not much time to spare. and protecting those affected also re- have to look too far into the past to The clock is ticking. It is past time to quires unique tools. Reauthorizing this see how disruptive those consequences get serious. act would help law enforcement con- can be. In 1990, Washington politicians I yield the floor. tinue to develop effective strategies to tried to enact a ‘‘luxury tax’’ on just f prosecute cases involving violent about everything you could associate RESERVATION OF LEADER TIME crimes against women. It would pro- with the upper class, including yachts vide funding for shelters and transi- and aircraft. It was a total failure. Not The PRESIDING OFFICER. Under tional housing programs for victims of only was it linked to the destruction of the previous order, the leadership time domestic violence and sexual assault literally thousands of jobs in the boat- is reserved. and help victims become independent. ing industry, but, according to one f study, the government actually—listen It would make legal assistance avail- MORNING BUSINESS able to victims of violence and safe- to this—spent more in unemployment guard children and youth affected by benefits and in lost taxes than it was The PRESIDING OFFICER. Under dating violence and stalking. able to raise through the luxury tax the previous order, the Senate will be Although the Violence Against itself. In other words, while the tax in a period of morning business until 5 Women Act expired in 2011, many of may have seemed to serve as a useful p.m. with Senators permitted to speak the programs established under the law wedge issue for Democratic politicians, therein for up to 10 minutes each. have been funded by continuing resolu- it made just about everyone worse off Mr. MCCONNELL. Mr. President, I tions. But not everything. A full reau- than they were before it passed. Work- suggest the absence of a quorum. thorization of this law is necessary to ers, consumers, taxpayers, and the gov- The PRESIDING OFFICER. The ensure authorities have all the re- ernment were all worse off. That is clerk will call the roll. sources they need to fight domestic vi- why a number of Members of today’s The legislative clerk proceeded to olence. So I hope the Senate’s bipar- Senate Democratic caucus voted to re- call the roll. tisan action this week will send a peal that particular tax a few years Mr. ROBERTS. I ask unanimous con- strong message to House Republican later in 1993. They even agreed to send sent that the quorum call be rescinded. leaders that further partisan delay is refund checks to some of those im- The PRESIDING OFFICER. Without unacceptable. pacted by it. objection, it is so ordered. Mr. ROBERTS. I ask unanimous con- f So why are they proposing to go down this same sorry road one more sent that I be recognized to proceed as RECOGNITION OF THE MINORITY time? Well, in a variation of the old in morning business. LEADER saying, you can conclude that they do The PRESIDING OFFICER. Without The PRESIDING OFFICER (Mr. MUR- not want the facts to get in the way of objection, it is so ordered. PHY). The Republican leader is recog- a good political talking point. f But the larger point is this: The chal- nized. REMEMBERING ADELE HALL f lenge we face right now is the fact that government spending is completely and Mr. ROBERTS. Mr. President, I rise SPENDING CONTROL totally out of control. So to focus on a to pay tribute to a most remarkable Mr. MCCONNELL. Mr. President, the tax of any kind is to miss the point en- woman. In just a few hours, a celebra- American people are deeply unhappy tirely. The amount of revenue we bring tion of life service will be held at St. with the way Washington operates in as a percentage of GDP is set to re- Andrew’s Church in Kansas City for these days. They are tired of people turn to the historical average of the Adele Hall, described by the Kansas telling them what they want to hear past few decades. Spending, on the City Star in a front-page headline as instead of what they need to hear. other hand, is way above historic ‘‘first lady’’ of Kansas City. They are tired of all of the political norms, and spending is projected to ac- Adele was in Hawaii with her hus- games and gimmicks that substitute tually get much worse in the years to band Don Hall, chairman of Hallmark for real action on the problems we face come; that is, unless we do something Cards, when she passed away. To say as a Nation. Given what we have seen about it today. they were a remarkable couple is an from the White House and Congres- The American people elected a di- understatement. They met when she sional Democrats, frankly, it is hard to vided government. They expect it to was 3 years old and Don was 6. Adele blame them. As I have said repeatedly work. That means both parties need to said: I don’t ever remember falling in in recent weeks, we need to find a way engage and offer serious solutions. Pro- love with Don. I just grew up being in to control runaway Federal spending posing a return to failed tax gimmicks love with him. and debt. We need to do it quickly. of the past is not by any measure a se- As the Star reported, her priorities This is absolutely essential if we are to rious solution. If White House officials were always with her husband and her avoid a European-style catastrophe. It want to replace the same sequester three children. In addition to her love is what we need to do if we are serious they themselves proposed in 2011, it is and caring for her family, Adele Hall about removing government obstacles their responsibility to lay out what had a unique ability to lead, and lead that stand in the way of a robust recov- concrete spending cuts they would be she did. Living a life of caring and con- ery and new jobs. willing to consider as potential offsets, tribution, making a difference and Reducing the debt will throw off a as House Republicans already have. If demonstrating to all whose lives she wet blanket that has been weighing on they do, then we Republicans are touched and made better, she was a our economy for entirely too long. This happy to hear them out and to work wonderful example of honor and re- is a serious challenge. It demands seri- collaboratively on effective reforms. spect. ous spending reforms from both parties But if this is just another opportunity Adele’s many accomplishments were here in Washington. Yet if you were to to trot out the Democrats’ focus-group- almost legendary. She would demure listen to the Democrats, you would approved policy stunt, if this is an- from that description with her wonder- think all of our ills could be solved by other fake fight designed by the White ful smile and give credit to others. It

VerDate Mar 15 2010 03:05 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S04FE3.REC S04FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 4, 2013 CONGRESSIONAL RECORD — SENATE S451 was how she accomplished so much ers in Kansas City, with regard to their half. The White House staff and secu- that serves as such a wonderful exam- sense of personal loss, expressions of rity, God bless them, had names on the ple and why she was so beloved. admiration of love and respect for the floor in the reception room, and those The friends of Don and Adele and world of achievements Adele accom- who were greeting the President had to those with whom she worked describe plished, there is only one Adele Hall. stand on the right name. God knows her best. Henry Bloch, the founder of In my case, Mr. President, I was on what would have happened if you didn’t H&R Block and a lifelong friend, said: the floor of this body last Monday dur- stand on the right name. If there ever was a first lady of Kansas ing a series of votes taking place when Adele stood exactly as instructed on City, it was Adele. She was honored and re- a cloakroom attendant gave me a mes- her name, without any hesitation. I did spected by everybody. It’s a major loss for sage to call my office immediately. I not do that. I didn’t follow orders quite this community. did, and my chief of staff, Jackie as well. I met with the President’s ve- Irv Hockaday, a former CEO of Hall- Cottrell, came over to the cloakroom hicle and hurriedly told him our spe- mark and a friend of Adele and Don’s and told me of the news of Adele’s un- cial guests were standing at attention for close to 50 years, said: timely passing. at their appropriate spot, which She was like a magnetic sun . . . whose There are certain people in life where amused the President greatly. The se- constant warmth and magnetism just had a you feel you are privileged just to cret, of course, was that Don and Adele pull. And people gravitated to her. To me, know them—people who make a dif- often stayed at the White House as her most compelling quality, of many, was ference, really nice people who give guests of both George H.W. Bush and her empathy. you a certain sense of awe, people who They say that no one is indispensable. President George W. Bush. That’s true in a way. But she comes about as are really not aware of their special When President Bush came in the close to being someone we can never, ever and unique persona. Adele had that room, he asked: Adele, are you stand- forget or replicate. certain something—a unique charisma, ing in the right place? Irv Hockaday certainly captured comprised of a wonderful smile, charm She replied quickly: Why, Mr. Presi- Adele, as did Steven Doyal, spokesman and grace, but also the determination dent—George—I will stand wherever for Hallmark Cards: and ability of a leader. you want me to. When she came into a room, those We lost a great human being. Her greatest That really produced a lot of laughs passion was in the area of children. She be- present knew things would get done. and prompted a big hug. lieved passionately in the potential of every She always stood ready in friendship Mr. President, today’s obligations in child. and support and love. Unfortunately, the Senate prevent me from attending At Children’s Mercy Hospital, Adele given her strength of purpose, she was the celebration of life service, but I am moved easily from rocking sick babies also the kind of person you might well there in spirit. To Don, Don Jr. and in the nursery to running board meet- take for granted. Jill, David and Laura, Margaret and ings and leading multimillion-dollar Jackie and I immediately called Keith, and Adele’s nine grandchildren, fundraising campaigns. One of the best Annie Presley, a good friend and com- our thoughts and prayers are with you. known was with Tom Watson, with panion-in-arms with Adele. Annie and I I feel compelled to say if all of the whom she established the Children’s couldn’t say too much during that people in the Kansas City area could be Mercy Golf Classic. phone call, but I did blurt out, ‘‘Well, in attendance, those who loved Adele Jack Ovel, the hospital board chair- it’s the end of an era.’’ And it is. Adele, or who have benefited from her many man, said: in addition to all of her civic and art endeavors, the numbers would fill Ar- She was quick to give others credit. She works, had tremendous influence, serv- rowhead Stadium and then some. was always telling other people, ‘‘You are ing as an adviser, a friend, and sup- Helen Steiner Rice may well have the wind beneath my wings.’’ porter to Presidents, Governors, Sen- summed up what Adele would be tell- Perhaps her most notable collabo- ators, Congressional Members, and city ing us now: rative effort was bringing the Univer- leaders. Annie was right by her side in When I must leave you for a little while, sity of Kansas and Children’s Mercy to- these endeavors. Her passion for poli- please go on bravely with a gallant smile. gether. Early on she realized what that tics made both Kansas and Missouri a And, for my sake and in my name, live on would mean for residents of Kansas better place to live. Her advice, her and do all things the same. Spend not your City. guidance, and support were invaluable life in empty days, but fill each waking hour Jim Heeter, president of the Greater to so many. Don and Adele’s Kansas in useful ways. Reach out your hand in com- home was the setting for countless ben- fort and in cheer, and I, in turn, will comfort City Chamber of Commerce, described you and hold you near. the news of Adele’s passing, which efactor receptions. The list represents Mr. President, the heavens are a lit- came in the middle of the monthly a Who’s Who in politics, from both tle brighter now because they have a chamber board meeting: Presidents Bush, Senators Bob Dole, Kit Bond, Nancy Kassebaum, and, yes, shining star in Adele Hall. The entire room fell into stunned silence I yield the floor, and upon careful when it was announced. She was known and somebody by the name of PAT ROB- loved by virtually everyone around our board ERTS. study I suggest the absence of a table. We observed a long moment of silence My friendship with Don and Adele quorum. in her honor and her memory. began more than 20 years ago. I admit The PRESIDING OFFICER. The Mary Shaw ‘‘Shawsie’’ Branton, who I was a bit nervous the first time I was clerk will call the roll. was her copartner and close friend in invited to their home. I arrived early The legislative clerk proceeded to one charitable and/or civic event after and Adele warmly greeted me, wel- call the roll. another said of Adele: comed me in. Don took me into the Mr. COATS. Mr. President, I ask I have lost a close friend. She touched all study, and after some discussion we all unanimous consent that the order for our lives. There was an aura around Adele, ended up listening to the Andrews Sis- the quorum call be rescinded. ‘How can I help? What can I do? . . . How can ters—I don’t know why—until we were The PRESIDING OFFICER. Without I find a solution?’ informed it was time to greet the other objection, it is so ordered. ‘‘This is a great day of sorrow,’’ said guests. I think Don and I would have f Sarah Rowland, chairwoman of the been there a lot longer if Don had his FEDERAL SPENDING Nelson-Atkins board of trustees. way. We have been great friends ever Jane Chu, CEO of the Kauffman Cen- since. Mr. COATS. Mr. President, I come to ter for the Performing Arts said: Perhaps the highlight of our efforts the Senate floor today, as I have vir- Everything she did was about inspiring together was when First Lady Laura tually every day since we have been Kansas City residents. She so believed in Bush came to Kansas, and together we back in session, to address what is per- these projects because she so believed in this welcomed her to our great State. haps the most critical question facing city, she cared about making it a great place Finally, Mr. President, when I talk this Nation: how to rein in the out-of- to live. about Adele’s respect and her humility, control Federal spending that threat- One can clearly see by the many I am reminded of the story when Presi- ens to bankrupt the country and saddle comments of Adele’s friends and lead- dent Bush came to Wichita on my be- future generations with a burden of

VerDate Mar 15 2010 03:05 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S04FE3.REC S04FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S452 CONGRESSIONAL RECORD — SENATE February 4, 2013 debt that will dramatically reduce the at the instability and threats that are that was sent to a jail where a mur- quality of their lives. happening around the world, it is pret- derer collected $30,000 in claimed un- Yesterday morning on ABC’s ‘‘This ty hard to assume we simply don’t or employment benefits. Well, yes, he was Week with George Stephanopoulos,’’ won’t need to spend any money over unemployed, but that is not exactly Senate Majority Leader REID claimed: the next 10 years to address something what our unemployment system is de- ‘‘The American people need to under- that is a direct threat to the United signed to do. So while we are going stand that it’s not as if we’ve done States. after the $327,000, maybe we can collect nothing for the debt.’’ All of this basically says it is pretty this $30,000 on the way. I would argue that the American peo- hard to take seriously the suggestion Every day we hear of reports of food ple do understand, but what they dis- by the majority leader and the Presi- stamps being used to pay for beer, ciga- agree with is the majority leader’s dent that we have done our job in cut- rettes, cell phone bills, and even cars. statement that we have done some- ting spending to reduce the debt. That hardly needs to be mentioned be- thing to reduce the debt we are accu- If I were able to take the time to list cause it is something we have come to mulating at a record rate. We all know the wasteful catalog of duplicative understand—there is a lot of misuse of we are spending nearly $40,000 of tax- spending and wasteful spending of the tax dollars. payer money per second. We know it taxpayer dollars on this floor, I would On and on it goes, and I could list has now been 1,377 days since we passed use up the rest of the day—and more. more and more. a budget in the Senate or one has even But let me mention a few examples Just the other day, Senator COBURN been offered by the Democratic leader- from my colleague from Oklahoma, listed some duplicative programs, and ship. Our debt continues to accumulate Senator COBURN, who I think has done he thought: Well, maybe we don’t need and now stands at nearly $16.5 trillion, this body and the American public a multiple numbers of these. Maybe we and anybody who looks at the debt great service by delineating and out- can consolidate. clock sees that the numbers are rotat- lining some of this unnecessary spend- We have 18 domestic food assistance ing faster than the eye can see. So, no, ing of taxpayer dollars and giving us a programs, 45 separate job-training pro- I don’t agree. I don’t think we have route and a roadmap and a pathway to- grams. And I love this one, my per- done much to address our debt. And wards addressing unneeded wasteful sonal favorite—more than 50 financial rather than recognize the real problem spending of tax dollars, particularly at literacy programs provided by the Fed- of our debt, which is spending, the ma- a time when we are having to borrow eral Government. jority leader talked about the need for nearly 40 percent or more in order to The first question we need to ask is yet more taxes and higher revenues. keep our government functioning. This what does the Federal Government After all the debate about making spending Senator COBURN has listed have to say about financial literacy, the wealthy pay more in order to pay comes out of official government re- given our current financial situation? down our debt, the fiscal cliff deal ports—the Government Accountability Hopefully it is using its own dysfunc- barely changed the Nation’s long-term Office, the Congressional Research tion as an example of what not to do. fiscal outlook, particularly if spending Service, and other government enti- These outrageous spending items and continues on its present course. ties. These have been documented by duplicative Federal programs are not A report from the Peterson Founda- our own official national government isolated examples. Just a few weeks tion released this week puts U.S. debt agencies: ago the Treasury Department issued on a track to reach 200 percent of gross There is $1.6 billion spent annually to its year-end report for fiscal 2012. One domestic product by 2040. Keep in mind maintain unneeded Federal property. If of the bombshells in this report that that many respected economists— it is unneeded, why do we have to has received virtually no coverage or economists without a partisan position maintain it year after year at a cost of commentary is the estimate by the to promote, those who have looked at $1.6 billion? Let’s put a ‘‘for sale’’ sign Government Accountability Office that this impartially—have said to us that up there and receive some revenue $108 billion was lost to improper pay- historically, without exception, once a from these assets that are documented ments by the Federal Government. nation’s debt reaches 90 percent of as being unneeded. Since over one-third of all Federal GDP, it becomes very damaging to the Another $1.6 billion is spent by the spending wasn’t even examined yet by economy, and it is something I believe Federal Government to provide free the GAO, the total amount lost obvi- we are now experiencing the early cell phone service. Now, the Congress ously will be much higher. The fact phases of in America. So 200 percent of passed legislation for certain cat- that this escaped the notice of much of GDP, if we stay on the present course, egories of low-income people to receive the media and many of my colleagues will take this country and our econ- free cell phones. Whether you are for is very telling. Unfortunately, we are omy down, and it will take away our that or against that or voted for it or so used to the notion of inefficient or ability to provide the needed and nec- voted against it, what has been laid out wasteful Federal spending, a govern- essary functions of the Federal Govern- here is the fact that many of these ment report verifying over $100 billion ment. phones are going to people who don’t in waste, fraud, and abuse doesn’t even The plain fact is that our debt is qualify for this handout, and hundreds register. going to continue to spiral upward of thousands of those go to people who When my colleagues come down to until Washington tackles its spending already have at least one phone. Offer offer amendments and are voted down, addiction. somebody a free second phone, and amendments to offset spending for new The President and some of my col- they are going to grab it. But do they programs such as disaster relief and a leagues on the other side of the aisle need it, and does the taxpayer need to cacophony of rejections comes their are claiming that in the last few years pay for it? way saying, ‘‘How dare you even think they have already cut the budget to Also, $50 million of taxpayer money about trying to offset this, you are the bone. These so-called savings they went to the IRS for a public relations taking money away from babies and talk about are savings anticipated by effort to try to improve its image with children and mothers and essential drawing down troops in Afghanistan taxpayers. Good luck with that PR pro- functions of the Federal Government?’’ and Iraq that are already set to wind gram. I think we know their opinion of Then you start to read down the list of down. So we can’t just simply say: the IRS. And is this really a necessary wasteful programs and duplicative pro- Well, we have solved the problem be- expenditure? grams and they say they cannot come cause we are now going to take this The IRS sent a prisoner who filed a up with a dime to offset needed ex- money which we anticipate we won’t bogus tax return a refund for $327,456, penses. have to spend. and they even sent it to the correc- Let me say we are not here to under- By the way, that assumes there will tional facility. You would think that mine or destroy the necessary function be no more overseas contingent oper- somewhere along the line, somebody of running an efficient government. ations that will have to take place in would say: Maybe we ought to look But the key word is efficient. We want the next 10 years. If we look at what is into this. Hopefully we will be able to to spend taxpayers’ dollars in a way so happening around the world, if we look get this one back, along with $30,000 taxpayers understand we are doing the

VerDate Mar 15 2010 03:05 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S04FE3.REC S04FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 4, 2013 CONGRESSIONAL RECORD — SENATE S453 best to spend their hard-earned dollars that had already been approved in the How do you invest in expanding a plant on essential programs. House that extended the debt ceiling to deal with expanded Federal needs I have suggested to the Appropria- until late this summer. It was the right when you don’t know what the budget tions Committee that each program for thing to do. It was the right thing to is going to be? How do you deal with which we appropriate money be put extend the debt ceiling of our Nation the Tax Code if maybe you want to de- through a system of what I call triage. because it allows us to pay the bills we velop an energy company when you do We ask each agency before it presents have already incurred. There is not one not know what the tax provisions are its budget to us, annually, for the ap- dime of new spending that is author- going to be for that operation? We need propriations to pay for their expenses ized under the legislation we approved. to give predictability. Therefore, long- and distributions, that they first ad- My only regret is that we did not ex- term solutions are better. dress this question: Is this an essential tend it for a longer period of time, giv- And it needs to be truly bipartisan. I function of the Federal Government? Is ing greater certainty to the financial was here on New Year’s Eve at mid- this a function we might like to do but markets. night. I saw the Democrats and Repub- can no longer afford to do? And sepa- If we were ever to violate the debt licans come together in a true com- rate that from those we no longer need ceiling, the consequences would be that promise that I think put the Nation’s or never should have been put there in the taxpayers of this country would interests first rather than our partisan the first place. have to pay more for the obligations of interests. I would have wished to see us At a time when we are suffering from our Nation in interest costs. It would do things a lot differently than in that the plunge into deficit spending and permanently damage the reputation of agreement, but it was bipartisan, we debt, should we not apply some stand- this Nation as far as our ability to pay compromised, we listened, and did it in ards and principles as to where and our bills. It would be counter- the best traditions of the Congress. how we allocate funds that are sent to productive to everything we are trying I wish to take us back 2 years ago us by the taxpayer? I have asked each to do to help the taxpayers of America. when we started to struggle with how agency to do that. We have not re- It was the right thing for us to do, to we would deal with our fiscal problems. ceived any reports back. All we hear, extend the debt ceiling, but we still President Obama appointed the Simp- from a number of voices around the have a lot more work we need to do. son-Bowles Commission, and we know town, is: Oh, no, we cannot touch any Our current accumulation of debt is a lot about that. They made their rec- of this; every dime we spend is abso- not sustainable. We cannot continue to ommendations. Some of the rec- lutely necessary. spend what we are spending today and ommendations’ specifics were pretty I think what Senator COBURN has collect what we are collecting today in controversial, but I think as to the begun to do and what I hope to do, and revenue and sustain the fiscal integrity overall framework of the Simpson- to work on with him and others, is to of the United States. We spend too Bowles recommendations—the amount identify some of those areas and lit- much and we do not bring in enough of additional revenue we need to bring erally ask the question to my col- revenue. That is the issue we need to in, the types and parameters of the leagues and to the American people: Do address. It was not addressed in the spending cuts—I think there was gen- you think this is an essential function debt ceiling. The debt ceiling should eral national agreement that that was of the Federal Government? Is this have been extended. But we now need the framework which would allow us to something that maybe we would wish to deal with the fundamental problem move forward in the best interests of to do but do not have the money to do? that our spending and revenues are not our economy. I point out in the last Or is this something that, frankly, has in line. Congress the Democrats on the Senate not lived up to its promise, is wasting We could talk about the cause of how Budget Committee adopted that ap- money, or is this something that never we got here. We could talk about how proach as our framework to move for- should have been passed in the first the Congress reduced tax revenues ward. I think that is what we need to place? while we were at war, a policy I spoke If we do not apply those principles to look at. out against and voted against. But our Let me make a couple of points, be- our future spending, we are going to continue down this road. We all know responsibility is to figure out how we cause I have listened to a lot of my col- the big three—Social Security, Med- go from where we are today, with budg- leagues come to the floor and talk icaid, and Medicare—have to be re- et deficits that are not sustainable, to about how we have not made progress, formed to save these programs, but how we can bring our country into bet- that our deficits are too large. We have have to be reformed because they are ter fiscal balance. We need a balanced made progress. We have. We have got- unsustainable in their current form. I approach. We need an approach that ten about halfway there. Simpson- will be talking much more about that looks at spending, looks at revenues, Bowles was somewhere between $4 and later. But what I do want to acknowl- that acknowledges that job growth is, $5 trillion of deficit reduction over a 10- edge here today is that without getting first and foremost, our objective. We year period. We are about halfway to those programs, which we have to do have to create more jobs in our econ- there. We have about $2.5 trillion we if we are going to solve our long-term omy—more people working, less people have gotten done. We got that done be- problem, we also need to seriously look needing governmental services, more cause we passed the Budget Control at how we spend money on all the dis- people paying tax revenues; all that Act, and the Budget Control Act put in cretionary spending that comes before helps generate the growth in our econ- lower caps on discretionary spending this body. We have to look at those omy. on the domestic side. That is now the things that simply do not measure up We have to protect the middle class. law of the land. Over $1 trillion of def- in terms of a responsible way of han- The middle class has been particularly icit reduction was accomplished be- dling our taxpayer revenues. vulnerable during this slowdown in our cause of the Budget Control Act. I am going to continue coming to the economy from which we are now recov- We did another $1 trillion of deficit floor, I am going to continue pointing ering. It has to be real, what we come reduction on New Year’s Eve, the fiscal out areas where I think we can save up with. That means it really does deal cliff agreements that brought in more money, and continue to make the case with the deficit problems of this coun- revenue by making permanent the 39.6- that this Congress has not begun to do try and should be long term. I think all percent tax rate for high-income tax- the job it needs to do in terms of deal- of us are tired of these short-term ex- payers and bringing in some additional ing with our spending. tensions. They may avoid an imme- spending cuts. That is real. I yield the floor. diate problem but they do not give the My colleagues say we still have these The PRESIDING OFFICER. The Sen- type of predictability that is necessary large deficits and they are larger than ator from Maryland. for our economy to take off and grow. they were before, but if we did not do f If you are an investor, it is tough to the Budget Control Act and we did not invest if you do not know the ground do the fiscal cliff agreements, the def- DEBT CEILING EXTENSION rules, if you do not know what the Tax icit would be much higher. Again, Mr. CARDIN. Mr. President, last Code is going to look like, what the using some common baseline, such as week the Senate passed legislation Federal budget is going to look like. Simpson-Bowles did, we have done

VerDate Mar 15 2010 03:05 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S04FE3.REC S04FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S454 CONGRESSIONAL RECORD — SENATE February 4, 2013 about half of what, if you agree on the ing where I hope we can come together the Senate makes renewing this impor- framework of Simpson-Bowles, we need so we can make our system more effi- tant law a high priority early in this to do. We have to get more done; we cient, particularly on the delivery of Congress. are not there yet. The revenues of this health care. There are certain reduc- I also wish to acknowledge the work country traditionally have been about tions we can make in the overseas con- of the many advocates who have deliv- 19 percent of our economy. That is tingency accounts in our military. ered so strongly the message to Con- what it was under President Clinton On the revenue side, we have brought gress and to the public that we must do when we balanced the Federal budget. out areas where there are loopholes more to prevent violence from occur- We actually had surpluses. Our econ- and shelters in our Tax Code. We can ring in our homes and in our commu- omy was growing. There was job do a better job. It is interesting that nities. Our law enforcement officers, growth. We were moving in the right the top 1 percent of the taxpayers of counselors, social workers, health care direction. this country receive 25 percent of the professionals, public educators, and Our revenues have dipped to about 15 benefits on what is known as tax ex- community service providers are truly percent of our economy, so we are not penditures. I heard my colleagues come on the front lines of the effort to help anywhere near having as much revenue to the floor and talk about how we those who are the victims of violence as we need in order to have a balanced have to bring down the cost of spend- and to help prevent violence from oc- approach that allows for job growth. ing. Well, yes, we do spend through ap- curring in the first place. Their advo- And, yes, our spending is too high, par- propriations bills, but we also spend cacy on behalf of these victims has ticularly on what we call the manda- through tax expenditures, which are helped to make this bill a priority. I tory side. We agree with that. If you provisions we put in the Tax Code to commend them all for the work they look at our health care costs in this give breaks to some—not all—of our are doing each and every day. country, they are much higher than constituents. When we add up all those In my home State of Maine, we are those of any other nation in the world tax expenditures, it comes to $1.2 tril- fortunate to have a very low crime and we do not have the health results lion a year. That is what the tax ex- rate, but law enforcement officials tell that would demonstrate why we are me that the two greatest areas of con- spending so much more. We need a penditures come to. That is larger than cern are domestic violence and drugs. more efficient system. That is why a our entire discretionary spending. We Often, these two go hand in hand. In lot of us supported the Affordable Care are spending more through the Tax fact, a 2011 study by the University of Act, because we see in it delivery sys- Code than we are through appropria- Southern Maine’s Muskie School of tem reform that will make our health tions bills. We can certainly find some Public Service found that 65 percent of care system more efficient, bring down savings in those tax expenditures, and victims of crime in Maine believe the the cost of hospital care by reducing we can use that in a balanced approach readmissions, bring down the cost of to be able to avoid the across-the-board offender was under the influence of hospital care by reducing hospital in- cuts and get our budget back into bet- drugs or alcohol at the time. Over the last decade, occurrences of fection rates, bring down the cost of ter balance. That is where we need to domestic violence have resulted in high-cost interventions by dealing with move as a Congress and as a nation. nearly half of all homicides in my people with complicated issues, mul- It is important for us to take timely State. Nearly half are the result of in- tiple issues, in a much more managed action. Let me underscore that. We way; using health technology more ef- need to act in February. We don’t want cidents of domestic violence. According to statistics from the ficiently; using preventive care to ac- to go through the uncertainty of what Maine Department of Public Safety, tually reduce health care costs. We sequestration means. I have talked to a there were 5,360 reported domestic as- know early intervention saves lives, lot of businesspeople who depend on saults in the year 2011, which is nearly saves costs, and when you bring down Federal contracts. Will that contract a 5-percent increase from the previous the cost of health care you bring down be let? They don’t know. We need to the cost of Medicaid, you bring down give predictability so that our econ- year. This equates to one domestic as- the cost of Medicare, and you help our omy can take off. sault every 1 hour and 38 minutes, and budget get into better balance. I hope we all put our Nation’s fiscal this is in a State with a very low crime We also believe we can save money in interests ahead of any of our partisan rate. the military. The baseline for military objectives, and that means listening to Nationally, one in four women and spending assumes the high level of each other. Democrats and Republicans one in seven men experience severe military operations in Afghanistan. need to listen. My colleagues on the physical violence at the hands of an in- Well, our troops are coming home. I Republican side of the aisle have made timate partner. think we can now safely assume that some good points in regard to manda- In addition, Maine’s 10-year average our Active military needs will not be tory spending. My colleagues on the is 364 rapes per year. Think about that. at the high levels they have been over Democratic side of the aisle have made That is almost one rape per day in a the last decade, and that will save some very valid points about the need State with a very low crime rate. money. I personally think we need to for revenue. I hope we will listen to Those are only the reported crimes. I look at a BRAC-like process for our each other, resolve our differences, and suspect the actual number is even international military facilities, as we put a proposal forward that brings our higher. According to the Maine Coali- did for our domestic military facilities. Nation back to a stable fiscal future, tion Against Sexual Assault, an esti- All of that can save money. which will allow us to create the types mated 13,000 Mainers will experience So what do we need to do? We need to of jobs we need by investment and fis- some form of sexual violence this year get together, Democrats and Repub- cal prudence so our economy can con- alone. Currently, rape has the lowest licans, on a balanced approach. We tinue to lead the world. We need to act reporting, arrest, and prosecution rate need to do it in the month of February in a responsible, balanced, bipartisan, of all violent crimes in the United because on March 1 these automatic and timely way. States. cuts, known as sequestration, take ef- With that, I yield the floor. So I am very pleased that this year’s fect. The automatic cuts were put in The PRESIDING OFFICER. The Sen- reauthorization bill also includes the during the Budget Control Act as a way ator from Maine. provisions of the Sexual Assault Foren- to get us to act. None of us wanted to f sic Evidence Registry—or SAFER— see across-the-board cuts to both our Act, which was authored by our col- VIOLENCE AGAINST WOMEN ACT domestic and our military budgets; we league, Senator JOHN CORNYN. I com- didn’t think that made a lot of sense. Ms. COLLINS. Mr. President, I am mend the Senator for his leadership in After all, some programs are more im- honored to be an original cosponsor of that area, and I am pleased to be a co- portant than others, and we should the bipartisan legislation to reauthor- sponsor of his bill, which unanimously make the hard choices. We should not ize the Violence Against Women Act. passed in the last Congress in the Sen- be using an across-the-board cut. Let me thank the two leaders of that ate and has been incorporated into the We need to come together. As I have important bill, Senators LEAHY and Violence Against Women Act reauthor- indicated, there are areas in the spend- CRAPO, for their work to ensure that ization. This bipartisan bill, the

VerDate Mar 15 2010 03:05 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S04FE3.REC S04FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 4, 2013 CONGRESSIONAL RECORD — SENATE S455 SAFER Act, would authorize the At- their location, or their status in life. It Ms. COLLINS. Mr. President, seeing torney General to award grants to is an issue that deserves bipartisan no one seeking recognition, I suggest State and local governments to audit support. I hope my colleagues on both the absence of a quorum. and reduce the backlog of untested sides of the aisle will come together The PRESIDING OFFICER. The rape kits. and pass this important bill. clerk will call the roll. Mr. President, I think you will share I recognize there may be some provi- The assistant legislative clerk pro- my shock and alarm at the number of sions of this bill which are controver- ceeded to call the roll. these kits which are sitting in the pos- sial; but, surely, we can come together The PRESIDING OFFICER. The Sen- session of law enforcement agencies in support of the goal of this vital leg- ator from Tennessee is recognized. and which could contain DNA evidence islation. We can work out differences if Mr. CORKER. I thank the Chair. that would lead to prosecutions and not on the Senate floor then in con- (The remarks of Senator CORKER per- help get rapists off the streets and yet ference with the House; but, surely, we taining to the introduction of S. 215 are have not been analyzed. The estimate can come together and reauthorize this printed in today’s RECORD under is that between 300,000 and 400,000 of law that has made such a difference to ‘‘Statements on Introduced Bills and these kits are just sitting in the pos- so many in our country. Joint Resolutions.’’) session of law enforcement agencies EXHIBIT 1 Mr. CORKER. Mr. President, I notice but have not been analyzed. That is to- MAINE COALITION AGAINST the absence of a quorum, and I thank tally unacceptable. SEXUAL ASSAULT, the chair for the time. The reauthorization bill we intro- Augusta, ME, February 4, 2013. The PRESIDING OFFICER. The duced last week would help ensure that Hon. SUSAN M. COLLINS, clerk will call the roll. Maine and every other State has the U.S. Senate, The assistant legislative clerk pro- necessary resources to support victims Washington, DC. ceeded to call the roll. of violence and, whenever possible, to DEAR SENATOR COLLINS: On behalf of the Mr. MCCAIN. Mr. President, I ask Maine Coalition Against Sexual Assault unanimous consent that the order for prevent violence from occurring in the (MECASA), and the sexual assault crisis and first place. support centers we represent, I am writing to the quorum call be rescinded. Elizabeth Saxl, the executive direc- express our strong support for S. 47, the Vio- The PRESIDING OFFICER (Mr. tor of the Maine Coalition Against Sex- lence Against Women Reauthorization Act KING.) Without objection, it is so or- ual Assault, recently wrote to me in (VAWA) of 2013. By reauthorizing and mak- dered. support of the reauthorization of the ing significant improvements to these im- Mr. MCCAIN. Mr. President, I ask Violence Against Women Act. She portant programs, this legislation will help unanimous consent that I speak as in noted this in her letter: fulfill the critical unmet needs of victims of morning business. violence and expand protections to currently By reauthorizing and making significant The PRESIDING OFFICER. Without under-protected populations. objection, it is so ordered. improvements to these important programs, VAWA has provided invaluable support for this legislation will help fulfill the critical law enforcement, courts, sexual assault cri- f unmet needs of victims of violence and ex- sis and support centers, domestic violence DOD REFORM pand protections to currently under-pro- service providers, prevention efforts, and tected populations. community outreach. In the past decade, Mr. MCCAIN. Mr. President, this past Mr. President, I ask unanimous con- nearly half of Maine’s homicides have been year, our national debt passed a stag- sent that her letter be printed in the the result of domestic violence, many of gering $16 trillion, more than $51,000 RECORD at the conclusion of my re- which included elements of sexual violence. for every man, woman, and child in marks. Additionally, nearly 13,000 Mainers will expe- America. Today, several very serious rience sexual violence this year alone while fiscal matters that would seriously im- The PRESIDING OFFICER. Without Maine’s ten-year average for rapes reported objection, it is so ordered. to law enforcement is only 364. The cost of pact the Department of Defense and (See exhibit 1.) these crimes to Maine is enormous. VAWA the U.S. defense industrial base, in- Ms. COLLINS. The Violence Against helps control these costs by enabling support cluding budget sequestration, the debt Women Act has made a significant dif- centers to provide free, necessary, quality limit, and disposition of the defense ference in combating domestic vio- services to victims who need help, not to budget for fiscal year 2013 remain unre- lence, sexual assault, and stalking, mention the incalculable suffering that solved. Underpinning all of these mat- through grants to State and local gov- these programs help prevent. ters is the larger issue of why the cul- ernments and nonprofit organizations. Since the original passage of VAWA, Maine ture of how the Department of Defense has strengthened laws regarding domestic vi- Since it was first passed in 1994, the olence, sexual violence, and stalking and has does business must change. While programs authorized under this law implemented programs which continue to daunting, this question provides us have provided State and local partners yield tangible results for victims and for with a valuable prism through which with more than $4.7 billion of assist- public safety. Despite VAWA’s success, its Senator Hagel’s nomination, now pend- ance. This assistance helps to ensure criminal justice and community-based pro- ing consideration by the Armed Serv- that the victims of violence get the grams remain acutely necessary. According ices Committee, should be considered. help they need to recover and has pre- to a recent study by the University of South- By ‘‘culture,’’ I mean that the vented incalculable suffering by stop- ern Maine’s Muskie School of Public Service, mindset that has for years pervaded nearly one in five Mainers reported having ping violent crimes before they happen. been the victim of sexual assault or an at- how the Department of Defense buys It is extremely important to pass tempted sexual assault in his or her lifetime. goods and services and manages assets this legislation because all men and Nationally, the Center for Disease Control and resources without regard to either women—and men are victims as well as and Prevention estimates that nearly one in their affordability or what our service women. In some ways, the name of this five women and one in 71 men have been men and women actually need to de- law should be changed. But all women raped at some time in their lives, and one in fend the Nation. and men, regardless of race, religion, four women and one in seven men experience After years of developing legislative sexual orientation, or disability de- severe physical violence by an intimate part- initiatives intended to reform how the ner. serve to be safe and protected from MECASA supports efforts to further Department does business, I am con- physical violence, and that is what this strengthen and improve the response of the vinced that the single most effective reauthorization would help to do. criminal justice, legal, and victim support agent of cultural change at the Depart- Finally, this is not and never should systems for survivors of domestic violence, ment is the right leadership: leadership be a partisan issue. Violence and do- dating violence, sexual assault, and stalking. that recognizes that the Department mestic assaults do not discriminate be- We are grateful to you for your steadfast owes to the taxpayer a stewardship ob- tween Republicans and Democrats, support of VAWA and your commitment to ligation to extract maximum value for Independents and Greens, or people violence prevention and response. every defense dollar spent, and a moral Thank you for all you do on behalf of who are not politically active at all. Maine and our nation. responsibility to the warfighter that This is an equal opportunity crime Sincerely, these dollars are being spent wisely, to that harms people regardless of their ELIZABETH WARD SAXL, effectively procure desired combat ca- political affiliation, their profession, Executive Director. pability.

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That is 35 to 45 per- requirements should be frozen early, with a process that actually rewards cent of the Army’s annual budget for allowing for sufficient trade-space sound program management, development, testing, and engineering among the program’s cost- schedule- incentivizes efforts to cut costs, and re- over this period. Obviously, this is sim- and performance-variables to ensure wards those who use entrepreneurship ply unacceptable and unsustainable. that it is effectively managed through- and ingenuity to meet mission require- Yet it happened again just recently. out its lifecycle. Exquisite high-risk, ments, while returning taxpayer funds A couple of months ago, the Air Force, next-generation solutions should be to the U.S. Treasury. In other words, quite rightly, decided to kill a huge lo- spiraled out over time. In other words, cultural change needs leadership that gistics supply chain management busi- programs should be set to shorter ac- not only rejects ‘‘business-as-usual’’ ness system called the Expeditionary quisition timelines and should be man- but also challenges it. Where Senator Combat Support System, ECSS. But it aged to them. Hagel is on this is not clear. did so only after, one, sinking about $1 Improve the Department’s ability to One area that reflects how des- billion into the program since its start price risk—effectively and independ- perately the Department of Defense in 2005; two, recently finding that an- ently of industry—and budget to that needs to change its culture of ineffi- other $1.1 billion would be needed to cost. By ‘‘risk,’’ I mean the risk that a ciency is how it procures goods and field just 25 percent of ECSS’s promised system is exposed to throughout its life services, in particular, how it acquires capability; and, three, extracting from cycle: technical-, software-, develop- major weapons systems. While reforms the taxpayer’s total $1 billion invest- ment-, integration-, manufacturing-, in this area have been attempted for ment less than $150 million in usable and sustainment-risk—all of them. Ac- more than 25 years, the same deplor- hardware and software. I repeat: A quiring weapons systems thoughtfully able outcomes—major cost overruns, total $1 billion investment, less than vis-a-vis risk would minimize funding instability which can absolutely deci- schedule slips, or failures to perform as $150 million was obtained in usable mate a program’s ability to deliver re- promised—all persist. Why? It is be- hardware and software. This is a trav- quired capability on budget and on cause despite these efforts, the under- esty. In terms of how little benefit we time and ultimately result in reliable lying culture within the Department of realized compared to how much was systems that will be affordable to own ‘‘business-as-usual,’’ which predisposes spent, it is one of the most egregious and operate. its largest programs to these outcomes, examples of mismanagement in recent Revitalize, and where necessary, has been allowed to live on. memory. build-up the Department’s ‘‘organic’’ Some reforms have helped, but much In how the Department procures its workforce in areas most vital to ‘‘buy- largest and most expensive weapons work needs to be done. The Weapons ing smart’’, like cost-estimating, systems, this translates into a mindset Systems Acquisition Reform Act of technical- and systems-engineering, de- that so fails to recognize the need for 2009 and its prescription to ‘‘start pro- velopmental testing, et cetera. The De- affordability that it has made the De- grams off right,’’ was a move in the partment must be able to conduct partment more willing than it should right direction. I am pleased to report proper should-cost analysis to inform be to accept (at any cost) more risk that in its last of the three reports fo- its positions when it negotiates con- than it can responsibly manage. There cused on how effectively the Depart- tracts and conduct engineering trade- are far too many examples of where the ment has been implementing that act, off analysis to manage programs effec- Department begins a major program the Government Accountability Office tively over their lifecycles. With the without knowing what it really wants recently found that the Department benefit of this capability, the Depart- or how these requirements should has been taking positive steps to im- ment will be able to more effectively translate into technical specifications plement this reform act. target affordability and control cost that are designed to generate the com- It did so having sampled 11 weapons growth. bat capability it really needs. Also, all acquisition programs, including the Require the use of the type of con- too many times, there is no KC–46A tanker, the SSBN(X) Ohio-class tract that is most appropriate to the traceability between these specifica- ballistic, missile submarine replace- level of risk to be managed in the fee tions through a test regime that is suf- ment, and the Ground Combat Vehicle, structure that is most appropriate to ficient to ensure that the system the GCV. But getting rid of poor cost-, the type of performance to be Department is procuring is operational schedule-, and performance-outcomes incentivized. This requires the Depart- effective, suitable, and survivable be- and how the Department procures ment to know what it needs and, in fore entering operational testing or goods and services will require the sus- connection with that requirement, ex- early production. So what happens? tained and enduring change that only a actly what kind of contractor perform- These systems stay ‘‘on rails’’; blow change in culture can provide. When it ance it wants to incentivize. To that through their original cost and sched- comes to defense procurement, a extent and as quickly as possible, the ule estimates; and, at the end of the change in culture is possible only with Department must get its programs into day, bear little resemblance to what leadership that recognizes that for gov- a low- to moderate-risk environment the war-fighter actually needs. ernment to act as a responsible stew- where it can use fixed-price contracts But program management, fixated on ard over defense dollars, it must be as to effectively incentivize cost control. ‘‘keeping the money flowing’’, push the knowledgeable, skilled, and sophisti- Better incentivize productivity and program—many times, reimbursing the cated a buyer as industry is a seller. innovation. Rationalize profit policy contractor for its costs throughout, Whether Senator Hagel would serve and effectively use performance-based and with the parochial support of Mem- as the right leader at the Department contracting and other tools in the con- bers of this body—down the develop- of Defense to foster needed cultural tracting toolkit to incentivize and re- ment pipeline, offering facile excuses changes in the Department’s procure- ward contractors for effectively man- for poor performance and, ultimately, ment practices is unclear. What we do aging costs, successfully managing less-than-desired capability. All of this know is that the right person must em- their supply chains and indirect ex- happens within an overall management brace the following principles: Set real- penses, and actually delivering prom- system that is overly cumbersome and istic requirements early and manage ised capability. costly and provides for no meaningful changes to those requirements aggres- Promote real competition, instead of accountability. sively. The Department must enforce ‘‘checking the blocks’’. Nothing drives In the aggregate, this has been a better discipline and achieve greater costs down and enhances quality more ‘‘perfect storm’’. A defense procure- accountability in how it meets its most effectively than competition. The De- ment culture that is content with critical military needs by dismantling partment has to make sure that com- promises of exquisite solutions over ac- stovepipes among the requirements, ac- petition, or the option of competition,

VerDate Mar 15 2010 03:05 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S04FE3.REC S04FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 4, 2013 CONGRESSIONAL RECORD — SENATE S457 is brought to bear on a program ‘‘does business’’ that underscores the to find efficiency and reduce waste at throughout its lifecycle, at both the need for cultural reform, defense finan- the Department a few years ago, he systems and subsystems level. To the cial management, and the most signifi- said what he was doing was ‘‘something extent that the Department has been cant thing that can be done in this akin to an Easter egg hunt’’. He ex- recently successful with some of its area is finally getting the Department plained, ‘‘[M]y staff and I learned that large, high-profile procurements, it is auditable. it was nearly impossible to get accu- because it has been able to leverage There can be no doubt that the abil- rate information and answers to ques- competition aggressively. ity of the Department to be audited tions such as ‘[h]ow much money do Improve how the Department ac- independently would help ensure that you spend?’ and ‘‘[h]ow many people do quires services. Military departments the defense dollars are not wasted, lost, you have?’’’ that have started diving into this area or otherwise misused. Absent For this reason, after succeeding Sec- have already found massive opportuni- auditability, the Government Account- retary Gates, Secretary Panetta imme- ties for savings and efficiency- easily ability Office (GAO) has, since 1995, diately elevated financial improvement amounting to billions of dollars. This designated the Department’s financial to a top priority of the Department by initiative should not only continue; it management as ‘‘high-risk’’. directing the Department to cut in half should expand throughout the defense Today’s fiscal challenges bring new the time to make a key financial state- enterprise. urgency to the issue of auditability at ment, called the Statement of Budg- Reform how the Department procures the Department of Defense. To navi- etary Resources (SBR), ready-for-audit. information systems, especially, major gate successfully through this period of This goal must be achieved by fiscal automated information systems. While austerity and fiscal uncertainty with- year 2014. Seeking to leverage Sec- the technical aspects of these products out inadvertently impinging on mili- retary Panetta’s initiative and with are, of course, fundamentally different tary readiness, the Department will the assistance of Senator AYOTTE, the from major weapons systems, the basic have to make management decisions Senate Armed Services Committee in- tradecraft, especially those that reflect that are fully informed and carefully cluded a provision in its authorization best business practices, shouldn’t be calibrated. To ensure intended results, bill this year that formalizes this goal. that different. Procuring cyber-secu- the Department has to make sure these I am pleased to say that while much rity capability may, however, require decisions are being executed as work needs to be done for the Depart- greater agility and flexibility than planned. ment of Defense to achieve its audit- From well-managed companies in the what can be provided under the long readiness goals, the Department has private sector, which have to make de- and slow ‘‘deliberative’’ acquisition made some limited progress, particu- cisions like this all the time, we know process. larly through its Financial Improve- Improve the ‘‘rapid acquisitions’’ that reliable financial data, effective ment and Audit Readiness (FIAR) plan, process. In support of on-going oper- internal controls, efficient business which the Senate Armed Services Com- ations, the war-fighter cannot rely on processes, and sound business systems mittee legislated as a requirement a the ‘‘deliberative’’ acquisition process are needed to support an organization few years ago. The House Armed Serv- to satisfy its needs. The process by whose finances can be audited. ices Committee’s Panel on Defense Fi- which these sorts of urgent operational Granted, the Department won’t use nancial Management and Auditability requirements are satisfied reliably and auditable financial statements them- Reform found early this year contained cost-effectively needs to be reformed. selves to make important management Rein in the Department’s ability to decisions, but the high quality of the a ‘‘reasonable strategy and method- reprogram funds. I have been appalled financial information that feeds into ology.’’ that in fiscal year 2011 alone, the De- financial statements that are ready- In my view, it is no longer the case partment of Defense transferred nearly for-audit would be incredibly valuable, that top defense managers ‘‘just don’t $27 billion among Defense accounts and indeed indispensable, for identifying get it’’ or that they are dragging their that only $11 billion, or 40 percent of opportunities for savings and effi- feet because they don’t see financial these transfers, received any type of ciencies; successfully implementing improvement as a priority. Indeed, per- congressional oversight. That over- initiatives and management controls haps the silver-lining in today’s fiscal sight was limited to just 8 Senators out to realize these savings and effi- challenges is that it seems to have of 100. The oversight of the transfer of ciencies; and making sure that increas- united top management at the Pen- billions of dollars is confined to the ingly scarce defense dollars are redi- tagon into finally realizing how impor- oversight of eight Members of the U.S. rected to higher defense priorities. This tant it is for the Department to be- Senate. I happened to be one of them would give the primary stakeholders in come financially auditable. for the last 6 years, but I don’t think it how the Department is managed—the Indeed, over the last few years, some is appropriate to transfer that kind of war-fighter and the taxpayer—con- agencies within the Department, such money without all 100 percent being fidence that the defense management as the Army Corps of Engineers, the apprised of the need to do so. Despite decisions can be relied upon to produce Military Retirement Fund, Defense that the Department cannot be au- intended results. Given the state of fi- Contracting Audit Agency, and dited—the Department of Defense has nancial management at the Depart- TRICARE’s Contract Management Ac- never been audited—we continue to ment of Defense today, we do not now tivity have received clean audit opin- provide it with the flexibility to en- have that confidence. ions. As GAO’s Director of Financial gage in what amounts to budget One big reason why we don’t is that Management and Assurance Asif Khan gamesmanship where certain accounts, to date the Department’s commitment recently said, Secretary Panetta’s di- such as operation and maintenance and to achieving financial auditability has rective has resulted in a ‘‘change in base-operations support, which are in- been characterized by blown-deadline tone at the top’’ that has ‘‘reset’’ the tended to satisfy ‘‘must-pay’’ bills, are after blown-deadline. Various statutes, Department’s efforts to achieve an un- historically underfunded in the Presi- including the Chief Financial Officers qualified audit opinion. How exactly dent’s annual budget request, with the Act of 1990, the Government Manage- would Senator Hagel, if confirmed, fur- understanding that the Department ment Reform Act of 1994, the Federal ther Secretary Panetta’s efforts here? will be able to transfer funds between Financial Management Improvement This is not an academic question. As accounts down-the-road. In my view, Act of 1996, and other provisions in var- the Department of Defense’s Deputy this type of budget gamesmanship is a ious Defense authorization and appro- Inspector General for Auditing Dan big reason why the Department cannot priations acts, have required financial Blair recently noted, for the Depart- annually produce auditable financial improvements at the Department of ment to achieve an auditable state- statements and frustrates objectively Defense for the Department to produce ment of budgetary resources (SBR) by assessing the priority or urgency of the auditable financial statements. After 2014, it must run what amounts to ‘‘a Department’s requirements. continuous failure, we are at a point big checking account with thousands of This brings me to the other major now where, for example, when then- people being able to write checks’’ and area of how the Defense Department Secretary of Defense Gates was trying that capturing an ‘‘auditable universe’’

VerDate Mar 15 2010 03:05 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S04FE3.REC S04FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S458 CONGRESSIONAL RECORD — SENATE February 4, 2013 within it will require reconciling be- cution. As the House Panel on Finan- IMMIGRATION tween a general ledger and subsidiary cial Management and Auditability Re- Mr. GRASSLEY. Mr. President, I am ledgers. form noted, a vital part of that is ‘‘en- glad the Senate is now having some A big problem is ongoing delay in im- suring that senior leaders are held ac- discussion among Members not yet on countable when audit readiness goals plementing very expensive business the floor about the issue of immigra- are not met, and conversely, rewarded computer systems called ‘‘enterprise tion because it is a very important when goals are achieved’’. Also, defense resource planning’’ or ERPs, which per- problem that we have to deal with. I financial improvement must no longer form a number of business-related look forward to the debate that I think be regarded as an activity important functions vital to transforming the De- is coming up this year on immigration, only to the Department’s financial partment’s business operations. The and I would like to share my thoughts community. Field commanders have to ECSS system I mentioned a few min- and my past experiences on this issue. be fully engaged and interested in driv- utes ago is one of these ERPs. I particularly want to share my per- As of December 2009, the Department ing change outside the Pentagon. If sonal experience from the 1980s am- of Defense has invested over $5.8 billion Senator Hagel is confirmed, his setting nesty law and what we can learn from in these ERPs and will invest billions this tone from the top will be vitally that debate. more before they are fully imple- important. But before I go into that history, I mented. Most of them are over budget Is all this enormously challenging? It wish to commend many Senators who and behind schedule or haven’t pro- absolutely is, as befits an organization are working together to forge a con- vided promised capability. Yet these of the size and complexity of the De- sensus and produce a product on this ERPs make up more than half of the partment of Defense. With an annual terribly difficult issue. I commend Department’s entire expenditure in the budget equal to the 17th largest econ- them for sitting down and agreeing to area of business transformation, cost- omy in the world, as the Institute for a set of principles that were put forth ing the taxpayers more than $1 billion Defense Analyses recently noted, the in a news conference last week. As per year. Department’s ‘‘business’’ of achieving This is vitally important. If the De- its unique and disparate missions ranking member of the Judiciary Com- partment doesn’t get ERPs right, like worldwide on an ongoing and contin- mittee, I expect to play a role in a system known as ECSS that cost $1 gency basis equates more to an econ- brokering an even broader consensus billion dollars, not only will the De- omy than a commercial business. with additional Members. partment have squandered monies that Be that as it may, with an annual I have read the bipartisan framework it had already sunk into these pro- federal budget deficit of $1.3 trillion for immigration reform this group has grams but it will also severely under- and defense reductions of at least $487 written, and the one thing that struck mined its ability to improve the effi- billion and possibly, with sequestra- me—in fact, it is the last sentence in ciency and the effectiveness of scores tion, another $500 billion over the next the preamble—is this: of business- missions such as logistics 10 years, the Department needs to have We will ensure that this is a successful, and supply chain management, et reliable financial management data to permanent reform to our immigration sys- cetera, that are key to supporting help it distinguish between defense tem that will not need to be revisited. those service-men and -women who de- budget cuts that are prudent and nec- In other words, the group under- fend the Nation. essary, and those that may impinge on stands we need a long-term solution to What needs to be done? From the top military readiness and, therefore, en- the problem. We need a serious fix so down, lines of authority must be clari- danger our national security. future generations don’t have to deal fied. The relevant workforce must be Only a Department that can be au- with 11 million or 15 million or 30 mil- well-versed in government accounting dited can give us the assurance that lion people who have come illegally. practices and standards and be experi- the Department is moving in the right That sentence is the most important enced in related-information tech- direction in terms of identifying the part of that document, and we must right opportunities to save defense dol- nology. Given how vitally important not lose sight of the goal expressed by lars and eliminate waste, and re- these ERPs are to this mission, people the eight Senators who enunciated directing increasingly scarce defense who have actual experience success- that. dollars to higher defense priorities. But we need to learn from our pre- fully implementing global business sys- All I have discussed today illustrates tems must be properly mixed into the vious mistakes so we truly don’t have how important sound leadership at the to revisit the problem. So let us discuss workforce, and contractors hired to in- top of the Department of Defense is to tegrate these business systems into the the 1986 amnesty under President ‘‘buying smarter’’ and getting the De- Reagan. There are few of us in the Sen- Department must be the best-qualified partment ready-for-audit. Without ate today who were present during that partners and held to the same high per- leadership fundamentally and unalter- debate. In 1980, President Reagan cam- formance standards that should apply ably mindful of the Department’s re- paigned on a promise that he would to any other major defense acquisition. sponsibility to the American people to work to reform our immigration laws Within this overall structure, there use defense dollars wisely, this cultural and legalize foreign workers in the must be sufficient oversight and ac- change will forever remain elusive. For United States. The President’s policies countability vis-a-vis a well-defined this reason, this body’s consideration were further shaped by the Select Com- and federated business enterprise ar- of the President’s nominee to serve as mission on Immigration and Refugee chitecture that ensures that, in terms the next Secretary of Defense will be Policy that was created in 1978 under of organizational transformation and more important than it has been in re- systems modernization, all the dif- cent memory. President Carter. ferent elements of the Department are I would like to give credit to the President Reagan signed a bill into moving in the same direction toward a present Secretary of Defense, Mr. Leon law on November 6, 1986. So 6 years single goal. These kinds of issues need Panetta, who brought his knowledge after he first ran for President, he to have the day-to-day attention of the and expertise on budgetary matters to signed a law. This law was known as Department’s Chief Management Offi- his work at the Pentagon. I will say the Immigration Reform and Control cer, that is, the Deputy Secretary of more about him later on, but I am very Act. The process to finalize the bill was Defense and the chief management offi- appreciative of the outstanding service long and arduous. It took years—6 cers within the military departments. present Secretary of Defense Panetta years, to be exact. At this point, I am of the view that, has provided to this Nation, with many In 1981, when I was a freshman Sen- with all of the congressional reforms long years of service both in elected as ator, I joined the Judiciary Committee and mandates in the area of financial well as appointed office. We are proud and was a member of the Sub- improvement over the past few years, to have Americans such as Secretary committee on Immigration and Ref- the Department of Defense has all the Panetta serving our Nation. ugee Policy. Back then, subcommittees tools it needs to have in its tool-kit to I yield the floor. did real work. They actually sat down achieve audit-readiness on time and on The PRESIDING OFFICER. The Sen- and wrote legislation. We had 100 hours budget. The issue is leadership and exe- ator from Iowa. of hearings and 300 witnesses before we

VerDate Mar 15 2010 03:05 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S04FE3.REC S04FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 4, 2013 CONGRESSIONAL RECORD — SENATE S459 marked up a bill in May 1982—a mark- Over the years, many Members have have veto authority over a legalization up 4 years before the President ever offered amendments to water down the program. signed it. enforcement provision in the Simpson- One theme from 1986 is shining Senator Simpson chaired the sub- Mazzoli Act. That was the name of the through today. Some say we need to le- committee, and other members in- legislation. Senator Simpson and Con- galize the millions of people who are cluded Senators Thurmond, Kennedy, gressman Mazzoli were the leaders of already on U.S. soil. They say we need and DeConcini. Senator Thurmond was that effort in 1986. There was a lot of to bring them out of the shadows, know called to the White House and Senator opposition to employer sanctions, espe- who is here, and give them a chance at DeConcini had just been hospitalized, cially by Senator Kennedy. He wanted, U.S. citizenship. They imply that this so Senators Simpson, Kennedy, and I in his words, ‘‘criminal penalties to be would be a one-time deal because we brought up amendments and we actu- based only upon injunctive finding of a would get it right this time—like we ally voted on them. Senator Kennedy, pattern or practice.’’ He tried to sunset thought we got it right in 1986 but on that day, said:. the employer sanction. Senator Ken- didn’t. Immigration reform is one of the most nedy also fought hard to move the le- In the 1980s Senator Simpson was complicated and difficult issues; it involves galization cutoff date from 1980 to 1982 convinced that what we did then would human beings, it involves families, it in- volves loved ones, children and the separa- so more people could benefit from the be a permanent solution to our immi- tion of those individuals. amnesty. gration problems. He stated: His words would still resonate today. The 1986 bill was supposed to be a We are attempting to assure that this is a In 1982, I told my colleagues on the three-legged stool: control of illegal one-time only program. . . . The purpose of Judiciary Committee that I wanted to immigration, the first leg; a legaliza- legalization is not to award or reward or in- do the right thing for the United tion program, the second leg; and the clude the largest number of persons avail- third leg, reform of legal immigration. able. It is to bring forward into a legal status States, and this is what I said at that those most deeply entrenched in a society time: We authorized $422 million to carry out the requirements of the Immigration they would be least likely to return home to The real issue here is what is best for when the job opportunities no longer are United States citizens. In trying to maintain Reform Act and created a special fund available. that perspective, I have come to the conclu- for States to reimburse their costs. The Senator Simpson said that a one- sion through the course of attending many 1986 bill included a legalization pro- time amnesty would prevent us from a hearings on this issue, that increased border gram for two categories of people: one continuing series of amnesties. He said: and interior enforcement along with em- for individuals who had been present in ployer sanctions and a secure worker eligi- the United States since 1982; and the The major reason for legalization is to bility identity system is necessary to regain second for farm workers who had eliminate an illegal sub-class within our so- control of our borders. ciety. This is the legislation that will elimi- This is a philosophy that continues worked in agriculture for at least 90 nate this exploitable group. Some people like to guide me on this issue of immigra- days prior to enactment. A total of 2.7 to say that they hope it will clean the slate; tion yet today. But I expressed my con- million people were given amnesty. that is what we are trying to do is clean the We also had enforcement. For the cerns with the legalization component slate. first time ever, we made it illegal to at the time. I echoed the recommenda- Well, those are good intentions by knowingly hire or employ someone tions of the Select Commission on Im- Senator Simpson, but, as I said, they here illegally. We set penalties to deter migration. That Commission said a le- obviously haven’t worked. And it is an galization should, No. 1, be consistent the hiring of people here illegally. We admonition to those who want to do it with U.S. interests; and, 2, the program wrote in the bill that ‘‘one essential right, once and for all, to learn from should not encourage further undocu- element of immigration control is an the mistakes of 1986. mented migration. The commission be- increase in the border patrol and other Senator Simpson also said: lieved that a legalization program inspection and enforcement activities The American people, in my mind, will should not begin until new enforce- of the Immigration and Naturalization never accept a legalization program unless ment measures had been instituted. Service in order to prevent and deter they can be assured this is a one-shot deal The Commission knew then, as I did the illegal entry of aliens into the and that this is it, this is a one-time occur- and as I know now, that ‘‘without more United States and the violation of the rence. And the policymakers in this country effective enforcement, legalization terms of their entry.’’ are not going to allow it to happen again and So let me again repeat one of the will prevent the situation which gave rise to could serve as a stimulus to further il- it. legal entry.’’ Those are the words of principles the Gang of 8 included in the Commission. You see, I didn’t their framework enunciated last week: Well, as smart as Senator Simpson think permanent residency should be ‘‘We will ensure that this is a success- is—and he is a smart person. I like to granted until we had a worker eligi- ful permanent reform to our immigra- see him on television, particularly bility system. I offered an amendment tion system that will not need to be re- when he is talking about why the on that point in 1982, but that amend- visited.’’ President didn’t back the Simpson- ment failed. Unfortunately, the same principles Bowles Commission on budget reform The Judiciary Committee and the from 1986 are being discussed today. and fiscal reform. But here is a person full Senate passed a bill in 1982, but it Legalize now, enforce later. But it is who worked 6 years to get it right so did not pass the House of Representa- clear that philosophy doesn’t work. we would never have to visit it again, tives. We tried again in the next Con- Proponents of amnesty today argue we when we had 3 million people who had gress. The Senate passed a bill in 1983, didn’t get it right in 1986. I agree the come here, illegally violating our and the House followed in 1984. We con- enforcement mechanism in 1986 could laws—get it fixed once and for all and vened a conference committee between have been stronger. That is why they thought he did. But I think now he the House and the Senate, but Walter need to be strong this time around. But would admit—and I have to admit be- Mondale came out opposed. So we ad- I am already concerned some will at- cause I was on the subcommittee—we journed for the elections and failed to tempt to water down the principles didn’t get it right. I voted for that. finalize a bill that year—2 years before that have been put forth on enforce- So now, as I am looking at a group of President Reagan finally signed a bill. ment measures. President Obama eight trying to say in the preamble of We returned in 1985 to pass our bill doesn’t seem to favor triggers. their working paper: We are going to again. That year, Senator Simpson in- The senior Senator from New York fix this once and for all, well, you bet- cluded a provision to trigger the am- said just last week that border security ter check that it is not very easy to do nesty program only after enforcement wasn’t going to stop legalization. In his that, and you better do it better than measures to curtail illegal immigra- words, he said: we did. tion were in place. Doesn’t that sound We’re not using border security as an ex- The INS Commissioner at the time in familiar? Congress passed a final bill in cuse or block to the path of citizenship. 1986, Alan Nelson, told the committee November 1986. The vote in the Senate Advocacy groups are already talking that the legalization program was ‘‘re- was 63 to 24 and the House vote was 238 about ensuring that a border security alistic and humane’’ and said further to 173. commission doesn’t stand in the way or that ‘‘it is clear that this is meant to

VerDate Mar 15 2010 03:05 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S04FE3.REC S04FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S460 CONGRESSIONAL RECORD — SENATE February 4, 2013 be a one-time proposal, and not in- about our future. Today, people in for- school students reporting that they tended to recur.’’ eign lands want to be a part of this have experienced dating violence has In 1986, the committee report said: great Nation. We should feel privileged dropped by 5 percent from 2007 to 2011. . . . the solution lies in legalizing the sta- that people love our country and want However, I am sad to report that since tus of aliens who have been present in the to become Americans. just January 1 of this year, four deaths United States for several years, recognizing We must make sure the decisions we have occurred in my State from the re- that past failures to enforce the immigration make with regard to our immigration sult of domestic violence. And even one laws have allowed them to enter and to set- policies follow our longstanding ideals. is too many. These tragic events serve tle here. We want to welcome new Americans, as a reminder that while we are im- Also, according to the report, the but we need to live by the rules we proving, we are far from ending this committee ‘‘ . . . strongly believes that have set. We cannot let our welcome terrible abuse. a one-time legalization program is a mat be trampled on or our system of I am a lifelong champion of the pre- necessary part of an effective enforce- laws be undermined. vention of domestic violence because I ment program and that a generous pro- Let me end by echoing the words of believe that while we are improving, gram is an essential part of any immi- President Reagan: we can and will do better. I stand be- gration reform legislation.’’ hind this act as it provides critical In 1986 the Congress passed the Immi- Distance does not discourage illegal immi- gration to the United States from all around services to victims of violent crime as gration Reform and Control Act. At the globe. The problem of illegal immigra- well as agencies and organizations that the time, President Reagan hailed it as tion should not, therefore, be seen as a prob- provide important aid to those who are the most comprehensive reform of our lem between the United States and its neigh- often victims in their own homes. This immigration laws since 1952. He stated bors. Our objective is only to establish a rea- legislation provides access to legal and sonable, fair, orderly, and secure system of that the legislation was a major step social services for survivors. It pro- toward meeting the challenge to our immigration into this country and not to discriminate in any way against particular vides training for law enforcement, sovereignty while at the same time prosecutors, judges, attorneys, and ad- preserving and enhancing the Nation’s nations or people. Future generations of Americans will be thankful for our efforts to vocates to address these crimes in our heritage of legal immigration—a herit- humanely regain control of our borders and Nation’s communities. It provides age of which we all ought to be proud. thereby preserve the value of one of the most intervention for those who have wit- What Congress, the public, and the sacred possessions of our people: American nessed abuse and are more likely to be President did not envision or did not citizenship. involved in this type of violence. It want was another amnesty debate. The My hope is that we will preserve the provides shelter and resources for vic- American people were told in 1986 that value of American citizenship, as tims who have nowhere else to turn. this would be a one-time shot. The in- President Reagan said. The path we There is significant evidence that centive to buy in to the argument was take today will shape our country for these programs are working not just in the promise of enforcement. years to come. It is my hope that we Idaho but nationwide. The U.S. Depart- In 1985 Senator Simpson said: can find a solution while learning from ment of Justice reported that the num- If legalization should occur before more ef- our mistakes and ensuring that future ber of women killed by an intimate fective enforcement is available, the illegal generations don’t have to revisit this partner decreased by 35 percent be- population is only going to grow very swiftly problem down the road. again, and that will create pressures for ad- tween 1993 and 2008. In 2012 it was re- ditional legalization. And it will not be a Mr. President, I yield the floor, and I ported that in 1 day alone, 688 women one-time only legalization; it will be a con- suggest the absence of a quorum. and their children impacted by vio- tinuing series. The PRESIDING OFFICER. Without lence sought safety in an emergency Many believed that employer sanc- objection, it is so ordered. shelter or received counseling, legal tions were the only way to curtail ille- The clerk will call the roll. advocacy, or children’s support. gal immigration. One committee re- The legislative clerk proceeded to While we may not agree on all of the port stated that ‘‘unless employer call the roll. specifics of this reauthorization—and sanctions are enacted, the Committee Mr. CRAPO. Mr. President, I ask there are portions we will continue to is concerned that the situation will unanimous consent that the order for negotiate on and to refine—we all do continue to worsen.’’ the quorum call be rescinded. agree on one very important idea; that In 1985 Senator Metzenbaum of Ohio The PRESIDING OFFICER. Without is, violence should not happen to any- said: objection, it is so ordered. one. This critical legislation is very ef- When push comes to shove, there is only f fective in helping to address that abuse in our society. one realistic way that you can stop illegal VIOLENCE AGAINST WOMEN ACT immigration into this country, and that is As I said, there are parts of this leg- by making it illegal and being tough enough Mr. CRAPO. Mr. President, I appre- islation about which there are still that illegal immigrants cannot work in this ciate the opportunity to be here today concerns. I am committed, as is Sen- country. to highlight my support for a program ator LEAHY, to working with those who Knowing what we know now, an im- that is improving life in Idaho and have concerns to make the bill better migration reform bill must include across the Nation—the Violence and more workable so we can move it tough enforcement measures. We must Against Women Act. through to become law in this session stop flow at the border. We must ex- I appreciate joining my colleague of Congress. But after we debate and pand and enhance legal avenues so that Senator LEAHY, who will be here on the after we have worked and refined the people are not coming here illegally. floor in a few minutes, to formally legislation, I urge my colleagues to We must have a strong employment open debate on this legislation, and join me in supporting the authoriza- verification program. hopefully we will be able to get this tion of this program and to continue Unfortunately, we aren’t enforcing over the finish line this year, as it is so the life-changing work this Chamber the laws we have on the books today. critical to so many people in this coun- has been committed to for so many The American people don’t trust that try. years. we will enforce these laws in the fu- For nearly two decades, the Violence I see my colleague Senator LEAHY is ture. We provided amnesty overnight Against Women Act has been the cen- on the Senate floor. I started a little in 1986 and didn’t fulfill the other parts terpiece of our Nation’s commitment before he got here. I know he is here to of the equation. Border security, en- to ending domestic violence and dating open the debate on this legislation. I forcement measures, and legal immi- and sexual violence. The Idaho Coali- again thank him for his work on this gration reform need to be the first tion Against Sexual and Domestic Vio- issue and look forward to working with things on our agenda in 2013. lence uses vital funds, among many him in this Congress as we move for- I chose to talk about this topic today other things, to promote the awareness ward. because I believe we can learn from the of healthy relationships in middle and Mr. LEAHY. I have enjoyed working past. We can learn from our mistakes. high schools in Idaho. It is heartening with the senior Senator from Idaho. If This isn’t just about our history, it is to hear that the number of Idaho high he wants more time—

VerDate Mar 15 2010 03:05 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S04FE3.REC S04FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 4, 2013 CONGRESSIONAL RECORD — SENATE S461 Mr. CRAPO. I have concluded my re- raped in her lifetime. More than half of fused to consider the Senate-passed bill marks. I yield my time. the homicides in my State of Vermont because the U Visa provision, while f are related to domestic violence. fully offset, was seen technically to af- Let me emphasize that just a bit. fect revenues. We removed it from the CONCLUSION OF MORNING Vermont has one of the lowest crime bill this year. I don’t want this bill to BUSINESS rates in the country. But when I look be slowed up because of a technical ex- The PRESIDING OFFICER. Morning at the source of the crime, more than cuse. business is closed. half of the homicides are related to do- When somebody is being abused, they mestic violence. Those percentages are don’t need to hear about technicalities. f very high in almost every State. That They want us to stop it, and they want VIOLENCE AGAINST WOMEN REAU- is simply unacceptable. While the Judi- us to expedite action on this bill. I re- THORIZATION ACT OF 2013—MO- ciary Committee has been preparing to main strongly committed to the U Visa TION TO PROCEED consider legislation on the subject of increase. As I said, I will try to include gun violence at the end of this month, it in the immigration legislation we The PRESIDING OFFICER. Under we can act now, without delay, in the will be considering in the next couple the previous order, the Senate will re- Senate to strengthen the protections of of months. The reason I will do that, of sume consideration of the motion to the Violence Against Women Act. course, is it will benefit law enforce- proceed to S. 47, which the clerk will All of the provisions in our bill ment and victims, and we should enact report. passed the Senate last year. In fact, 9 it. The legislative clerk read as follows: months ago the Senate passed the I have said so many times on the Motion to proceed to (S. 47) a bill to reau- Leahy-Crapo Violence Against Women floor of the Senate that I remember my thorize the Violence Against Women Act of Reauthorization Act with 68 votes. The days as a prosecutor in Vermont—let 1994. Senate often has a hard time coming me state it this way: I remember going The PRESIDING OFFICER. Under together with 51 votes, but here we had to crime scenes at 2 and 3 o’clock in the previous order, the time until 5:30 68 votes from Members of both parties, the morning. I remember seeing people p.m. will be equally divided and con- across the political spectrum. being taken out in an ambulance, bare- trolled in the usual form. Last December we worked out with ly alive, battered to within an inch of The Senator from Vermont is recog- Senator CORNYN and Senator GRASSLEY their life. But I especially remember nized. additional provisions to amend the those who did not even get that far, Mr. LEAHY. Mr. President, I thank Debbie Smith Act, which we passed, to lying on the floor, up against a wall, the senior Senator from Idaho for his reduce the backlog of untested rape waiting for the medical examiner to comments. He has been not only a stal- kits in order to provide for additional come and pronounce the person dead wart supporter, he actually has been audits and reporting, and increase the and allow the police to collect evidence essential in the drafting of this legisla- capacity of State and local law en- and move them. During that time no police officer tion. We all share this concern of find- forcement to perform DNA analysis. ever said: Is this victim gay or ing ways to stop violence against Those provisions are now incorporated straight? Is this victim an immigrant women. I realize different parts of the into this VAWA bill. country have different problems, dif- I hope those few Senators who op- or Native American? They said, as I ferent stresses. I am pleased to have a posed the bill last year will now join have said so many times on the floor: A western view to go with this eastern with us to enact VAWA reauthoriza- victim is a victim is a victim. How do we stop this from happening to some- view. But also, I think, it is a case of tion. I think we should act quickly and body else? How do we catch the person the best legislation in this body, legis- decisively to pass this bill, and send it lation supported by both Democrats who did this? to the House. I know if it reaches the Law enforcement wants tools for and Republicans. When we come to- President’s desk, from what he has told gether as Senators, things get done. after the fact. But even more, they me, he will sign it without delay. want what we have in here: something That is one of the reasons we are Our bill will support the use of tech- to stop the abuse from happening in turning to this bill, S. 47, the Leahy- niques proven to identify high-risk the first place. Every day we do not Crapo Violence Against Women Reau- cases and prevent domestic violence pass legislation to prevent this vio- thorization Act, as one of our first homicides. It is going to increase bills. It has bipartisan support. I thank lence and assist victims, people are suf- VAWA’S focus on sexual assault and fering. Majority Leader REID for making this push colleges to strengthen their ef- I hope all Senators—Democrats, Re- unfinished business a priority for the forts to protect students from domestic publicans, Independents—will join us. I Senate. and sexual violence. It will allow us to have spoken of Senator CRAPO’s long- Congressional enactment of our make real progress in addressing the standing commitment to victims. But, strong bipartisan bill to help all vic- horrifying epidemic of domestic vio- also, I have spoken often of the support tims of domestic and sexual violence is lence in tribal communities. A recent of Senators MIKULSKI and MURKOWSKI long overdue. Our bill has more than 60 study found almost three in five native and MURRAY and KLOBUCHAR and COONS bipartisan Senate cosponsors. I think women had been assaulted by their and COLLINS and SHAHEEN and FRANKEN this week we can finally finish what we spouses or intimate partners. and HAGAN and CASEY and so many started last year by passing the bill in Our bill will allow services to get to others who have joined to help to shape the Senate, sending it to the other those in the LGBT community who this legislation and work to pass it. I body, and having them take it up. I have had trouble accessing services in also appreciate the support and assist- know I am deeply indebted—we all the past. The Centers for Disease Con- ance of the National Task Force to End are—to the women and men around the trol and Prevention released a few Sexual and Domestic Violence Against country who have been working with weeks ago that found the rates of do- Women and its many member organiza- us. They have been steadfast in their mestic and sexual violence in these tions whose insight has been so crit- commitment to the victims and to our communities are equal to or greater ical. efforts to combat domestic violence, than those of the general population. I thank the Vermont Network dating violence, stalking, and sexual We also have key improvements for im- Against Domestic and Sexual Violence. assault. migrant victims of domestic and sexual I am so proud of them. They have done There is a pressing need to update violence. great work helping victims in Vermont the Violence Against Women Act. The I did note when we reintroduced this with support from the VAWA pro- Centers for Disease Control and Pre- bill at the outset of this year that we grams. They have been a leader in de- vention’s 2010 National Intimate Part- will be pressing the increase of U Visas veloping and supporting this legisla- ner and Sexual Violence Survey found for those victims who assist law en- tion. that one in four women has been the forcement in the context of com- I ask unanimous consent to have victim of severe physical domestic vio- prehensive immigration reform. Last printed in the RECORD at the conclu- lence. One in five women has been year, the House of Representatives re- sion of my statement a letter organized

VerDate Mar 15 2010 03:05 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S04FE3.REC S04FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S462 CONGRESSIONAL RECORD — SENATE February 4, 2013 by the National Task Force and signed fatal intimate partner violence against revenue must start in the House of by more than 1,300 local, tribal, and na- women has decreased by 64%. The sexual as- Representatives. The majority did this tional organizations supporting this sault services program in VAWA helps rape only a few months after the majority important bill. crisis centers keep their doors open to pro- vide the frontline response to victims of refused to drop that very same provi- The PRESIDING OFFICER. Without rape. VAWA provides for a coordinated com- sion and proceed to conference. So this objection, it is so ordered. munity approach, improving collaboration bill could have been to the President (See exhibit 1.) between law enforcement and victim services last year. The willingness of the major- Mr. LEAHY. Since we first passed the providers to better meet the needs of vic- ity today to eliminate that very uncon- Violence Against Women Act nearly tims. These comprehensive and cost-effective stitutional provision demonstrates two decades ago, States have strength- programs not only save lives, they also save that we could have had a bill to the ened criminal rape statutes, and every money. In fact, VAWA saved nearly $12.6 bil- President last year. That ought to be a State has made stalking a crime. The lion in net averted social costs in just its terrible disappointment not only to annual incidence of domestic violence first six years. VAWA has unquestionably improved the has dropped more than 50 percent. We this Senator but to all the people in national response to these terrible crimes. the Senate. have something here that has been a Nonetheless, much work remains to be done success. We have helped to provide vic- to address unmet needs and enhance access It is not true that unless S. 47 is tims with critical services, such as to protections and services for all victims. passed exactly as is various groups will housing and legal protection. We urge you to sponsor and vote for S. 47 in be excluded from protections under the We have to remember, these are not order to build upon VAWA’s successes and law. Would anyone care to know why? just statistics. These are thousands of continue to enhance our nation’s ability to Because the current law protects all lives made immeasurably better. I promote an end to this violence, to hold per- victims. petrators accountable and to keep victims might say because of this work these and their families safe from future harm. Vice President BIDEN wrote the cur- thousands of lives are still lives; they Thank you. rent law. Every Member of the Senate are not statistics of people murdered. Sincerely, who was a Member of this body when All the provisions in our bill were de- *** the Violence Against Women Act was veloped with the help of victims and The PRESIDING OFFICER. The Sen- last reauthorized voted for that bill. those who assist them every day. They ator from Iowa. Neither Vice President BIDEN nor any are commonsense measures. They will Mr. GRASSLEY. Mr. President, I other Senator passed a discriminatory help real people. Every prosecutor, urge my colleagues, as I will do, to sup- bill then. It is not the case that unless every support group—all will tell you port the motion to proceed to the Vio- the controversial provisions are ac- it is past time for Congress to enact lence Against Women Act. I expect cepted exactly as the majority insists this bill to provide help for victims of that many of my Republican colleagues without any compromise whatsoever domestic violence and rape. will also vote to proceed to the bill. We can make these concrete, impor- There has long been bipartisan sup- that any groups will be excluded. tant changes in the law. We can do it port for the Violence Against Women The key stumbling block to enacting this week. I have been involved in this Act. Too many women are victims of a bill at this time is the provision con- for years, and I have seen the results of domestic violence, sexual assault, cerning Indian tribal courts. That pro- what we have done. I have seen the stalking, and dating violence. Federal vision raises serious constitutional lives that have been made immeas- support for services to these women, questions concerning both the sov- urably better because of what we have and sometimes even men, has been ben- ereignty of tribal courts and the con- done. I have seen the lives that have eficial to our country. stitutional rights of defendants who been saved because of what we have There is overwhelming bipartisan would be tried in those courts. We done. There is no excuse to delay fur- support for 98 percent of what is con- should focus on providing needed serv- ther. tained in S. 47, so I favor proceeding to ices to Native American women. S. 47 EXHIBIT 1 the bill and offering limited amend- makes political statements and ex- NATIONAL TASK FORCE TO END SEX- ments. We can then have a Senate pounds on Native American sov- UAL AND DOMESTIC VIOLENCE vote, allow the other body to work its ereignty. It raises such significant con- AGAINST WOMEN, will, resolve any differences between stitutional problems that its passage February 4, 2013. the bills, pass a compromised reauthor- might actually not accomplish any- Senator, ization bill through both Houses, and thing at all for Native American U.S. Senate, get it to the President. Washington, DC. women while failing to protect the con- The process on the Violence Against stitutional rights of other American DEAR SENATOR: We, the undersigned local, Women Act in the last Congress was tribal, and national organizations, represent citizens. very disappointing. Previously the Vio- and support millions of victims of domestic Even the Congressional Research violence, dating violence, sexual assault and lence Against Women Act was reau- stalking throughout the United States, thorized unanimously. Something Service has raised constitutional ques- American Indian Tribes and territories. On similar could have happened again last tions with the tribal provisions in this behalf of the victims we represent, the pro- year, but it didn’t. New provisions were very bill. Negotiations are continuing, fessionals who serve them and the commu- brought forth into the bill. Some of the and I am quite confident that if we can nities that sustain them, we ask that you provisions were very controversial. reach an agreement on these questions, support the Violence Against Women Act’s Some provisions even raised serious compromises on the other few remain- (VAWA) reauthorization by co-sponsoring ing issues can also be secured and and voting for S. 47. As you know, VAWA is constitutional concerns, but those on slated to come to the Senate floor as early as the other side insisted on these provi- would allow the bill to pass with over- next week and we are asking you to take a sions without any change and refused whelming bipartisan support. If we are leadership role in ensuring that this land- to compromise. It appeared that the unable to reach agreement in the next mark bi-partisan bill will continue its im- debate was more about blame and poli- couple of days, then I intend to offer a portant work. tics than it was about providing help to substitute that is much more likely to VAWA’s programs support state, tribal and women in need. be accepted by the House and become local efforts to address the pervasive and in- In the last Congress, both the Repub- sidious crimes of domestic violence, dating law. violence, sexual assault and stalking. These lican leader and this Senator offered In the meantime, for this very day, programs have made great progress towards that the Senate consent to striking a all we are talking about is getting to reducing the violence, helping victims to be provision which violated the Constitu- this bill so we can discuss these issues. healthy and feel safe and holding perpetra- tion’s origination clause, and then pro- I will vote for the motion to proceed, tors accountable. This critical legislation ceed to conference. The majority must be reauthorized to ensure a continued and I ask my colleagues to do so as spurned those efforts on both occa- well. response to these crimes. sions. Yet today S. 47 has removed the Since its original passage in 1994, VAWA very provision which raised the blue- I yield the floor, and suggest the ab- has dramatically enhanced our nation’s re- sence of a quorum. sponse to violence against girls and women, slip problem with the House of Rep- boys and men. More victims report domestic resentatives because, as we all know, The PRESIDING OFFICER. The violence to the police and the rate of non- under the Constitution all bills raising clerk will call the roll.

VerDate Mar 15 2010 03:05 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S04FE3.REC S04FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 4, 2013 CONGRESSIONAL RECORD — SENATE S463 The assistant legislative clerk pro- VIOLENCE AGAINST WOMEN the aisle who stood by this region, the ceeded to call the roll. REAUTHORIZATION ACT OF 2013 gulf coast, to rebuild after all these Mr. LEAHY. Mr. President, I ask The PRESIDING OFFICER. The years. unanimous consent that the order for clerk will report the bill by title. In conclusion, it is my only hope that the quorum call be rescinded. The assistant legislative clerk read after passing the Sandy supplemental, The PRESIDING OFFICER. Without as follows: we will stand united with the North- objection, it is so ordered. east as they rebuild bigger, better, A bill (S. 47) to reauthorize the Violence Mr. LEAHY. Mr. President, I ask for Against Women Act of 1994. stronger, hosting the next Super Bowl the yeas and nays on the motion to which is a real symbol of resurgence The PRESIDING OFFICER. The Sen- proceed. and rebuilding and resurrection. ator from Louisiana. The PRESIDING OFFICER. All time I yield the floor. has expired. f The PRESIDING OFFICER. The Sen- Is there a sufficient second? MORNING BUSINESS ator from Iowa. There appears to be a sufficient sec- Ms. LANDRIEU. Mr. President, I ask f ond. There is a sufficient second. unanimous consent the Senate proceed TWENTIETH ANNIVERSARY OF The question is on agreeing to the to a period of morning business, with FMLA motion. Senators permitted to speak therein The clerk will call the roll. Mr. HARKIN. Mr. President, this for up to 10 minutes each. The assistant legislative clerk called week is a milestone for working fami- The PRESIDING OFFICER. Without the roll. lies across America. Twenty years ago objection, it is so ordered. this week, President Bill Clinton f f signed into law the Family and Med- ical Leave Act. There are many laws CONGRATULATING NEW ORLEANS DEMOCRATIC ANNOUNCEMENTS we pass in Washington that most Mr. DURBIN. I announce that the Ms. LANDRIEU. I know Senator Americans never have reason to know HARKIN is on the floor with others to Senator from Alaska (Mr. BEGICH) is or care about. The FMLA, by contrast, necessarily absent. present several new pieces of legisla- has changed this country in profoundly tion or to speak on items pending. I important ways. f wanted to take a moment of personal It has touched the lives of millions of privilege to say just a few words about working families. It is almost hard to REPUBLICAN ANNOUNCEMENTS the spectacular sporting event that imagine today, but 20 years ago before Mr. CORNYN. The following Senators took place in our country yesterday in this landmark law, workers had to risk are necessarily absent: the Senator the city of New Orleans. I want to, of their jobs and livelihoods when family from Georgia (Mr. ISAKSON), the Sen- course, congratulate the Baltimore needs arose. There was no national pol- ator from Kansas (Mr. MORAN), the Ravens, the Senators from Maryland, icy for maternity leave or paternity Senator from Alabama (Mr. SESSIONS), particularly Senator MIKULSKI and leave. New mothers were sometimes the Senator from Pennsylvania (Mr. Senator CARDIN, and Governor compelled to return to work just days TOOMEY), and the Senator from Lou- O’Malley, who was there, of course, after giving birth or to quit jobs they isiana (Mr. VITTER). representing Maryland; the Senators would otherwise have liked to keep. The PRESIDING OFFICER (Mr. DON- from San Francisco and California, the There was no law allowing someone NELLY). Are there any other Senators 49ers, Senators FEINSTEIN and BOXER, to take leave from work to care for an in the Chamber desiring to vote? former Speaker PELOSI was with us aging, potentially dying parent or to The result was announced—yeas 85, yesterday in New Orleans, and thou- care for a child with a serious illness. nays 8, as follows: sands of fans from all over the world Families had to leave their loved ones and, of course, watching on television. [Rollcall Vote No. 12 Leg.] in the hands of others or quit their jobs I wanted to make a note on this and face dire economic consequences. YEAS—85 floor, not because it was just a sporting There was no policy to allow a seri- Alexander Fischer Menendez event, although it was one of the high- ously ill worker to return to work after Ayotte Flake Merkley Baldwin Franken Mikulski est watched Super Bowls ever in the recovering from cancer or other serious Barrasso Gillibrand Murkowski history of the game, but because of the health condition. All these workers Baucus Graham Murphy role this Congress played and the ad- risked being fired, having no job to re- Bennet Grassley Murray Blumenthal Hagan ministration in helping this great city turn to, and losing their health insur- Nelson and region and State rebound from Blunt Harkin Portman ance as well. Boozman Hatch 1 Pryor what was a devastating body blow 7 ⁄2 Countless hard-working Americans Boxer Heinrich Reed years ago with Hurricane Katrina and were forced to make wrenching choices Brown Heitkamp Burr Heller Reid then Rita hit 3 weeks later and then between their or their family’s health Cantwell Hirono Rockefeller the levees broke in over 52 places. The and their economic well-being. Cardin Hoeven Sanders city went virtually underwater—at The passage of the Family and Med- Carper Inhofe Schatz Casey Johnson (SD) Schumer least two-thirds of the city. ical Leave Act changed all that. It has Chambliss Johnson (WI) Shaheen To see, 71⁄2 years later, the city re- helped new parents bond with their Coats Kaine Shelby bound, the people of New Orleans and children during those first magical few Coburn King Stabenow Louisiana are just foremost in my weeks of life. It has helped to give Cochran Kirk Tester Collins Klobuchar Thune thoughts right now for their fighting workers struggling with a difficult di- Coons Landrieu Udall (CO) spirit, their resiliency, their unwilling- agnosis the time and security they Corker Lautenberg Udall (NM) ness to give up on this special place need to recover. It has allowed loving Cornyn Leahy Warner Crapo Levin that will celebrate its 300th birthday in family members to care for relatives Warren 2018. I want to say a special thank-you Donnelly Manchin Whitehouse with disabilities and elderly parents. Durbin McCain Wicker to Mayor Landrieu, John Young, presi- It has ensured that family members Enzi McCaskill Wyden dent of Jefferson Parish, the leaders of of our wounded warriors can be there Feinstein McConnell St. Bernard and Plaquemines Parish. to help their heroes recover. Just as NAYS—8 Those parishes were virtually de- important, it has helped countless Cruz Paul Rubio stroyed, the lower part of Jefferson businesses across the country retain Johanns Risch Scott Parish. The whole region has come good workers and maintain an experi- Lee Roberts back. The world could see it for them- enced and dedicated workforce. NOT VOTING—6 selves yesterday—the civic leadership, The FMLA has been an unqualified Begich Moran Toomey the faith-based leadership. Again, a success. It has made a real difference in Isakson Sessions Vitter shout out to President Obama, his Cab- the lives of millions of hard-working The motion was agreed to. inet and the Members on both sides of Americans. In fact, the FMLA has been

VerDate Mar 15 2010 03:05 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S04FE3.REC S04FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S464 CONGRESSIONAL RECORD — SENATE February 4, 2013 used more than 100 million times since Leave Act. Later, when her lupus Today, workers are ineligible to take its passage 20 years ago. flared, she was able to take leave for 4 FMLA for a variety of reasons. Some To be sure, the legislative path to the weeks to allow her 1 week in the hos- workers do not have enough tenure Family and Medical Leave Act was not pital and recuperation at home. with their current employer, even if easy nor quick. In the Senate, Senator Without the Family and Medical they have been in the workforce for Chris Dodd was the tireless champion Leave Act, Tonya would have been years. of the Family and Medical Leave Act. fired for missing so much time and she The FMLA requires 1 year of service, From the time of its first introduction probably would have had to go on un- but in today’s economy, workers more in 1986 to its final passage in 1993, we employment insurance. Tonya thanks frequently change jobs and, of course, would not have the Family and Medical God for the FMLA and feels fortunate family emergencies happen without Leave Act without Senator Chris Dodd. that President Bill Clinton signed it warning. Other workers are not able to He held multiple subcommittee hear- and it was there when she needed it. accumulate the required 1,250 hours of ings across the country, hearing from Right now at a Baltimore hospital, work with a single employer in the pre- dozens of witnesses. He led the bill Michelle Marrocco is using FMLA ceding year. With the growth in part- through multiple committee markups leave to care for her son, Brendan, a time work, both by choice and by ne- and led the floor fight year after year wounded warrior injured while serving cessity, more workers may be ineli- after year. He worked to override two in the Army in Iraq in 2009. Brendan is gible for FMLA even though they are Presidential vetoes and shepherded it the first surviving quadruple amputee long-term dedicated employees. Mil- to its final passage in 1993, after which and has already faced challenges few of lions of people work in businesses with it became the first law signed by a new us can imagine. In December, he under- fewer than 50 employees, which means President, President Bill Clinton. went a double-arm transplant. It has their employer is not covered by the Senator Dodd found a partner in Sen- been widely reported in the news FMLA and does not have to offer that ator Kit Bond from Missouri, whose media. Brendan will need years of reha- kind of leave. This also makes it harder for smaller strong interest in shoring up the Amer- bilitation and occupational therapy. When Brendan was originally injured, businesses to recruit the best employ- ican family led him to work with Sen- Michelle’s employer at the time volun- ees because they are not on a level ator Dodd on a bipartisan compromise tarily paid for 3 months of leave. playing field with larger companies proposal that would garner significant Michelle’s current employer adheres to that must provide leave and where political support in both political par- the FMLA, allowing her up to 12 weeks workers have come to expect it. ties. As Senator Bond said upon intro- of unpaid leave to care for Brendan fol- Still other workers are excluded from ducing the final version of the bill in lowing his transplants. the law because of the nature of their 1993: She expects to take 2 months of relationship with a loved one. Workers I believe the single most important step we leave, followed by intermittent leave may only take FMLA to care for their can take to help all families in America is to to be with her son once a week. With- minor child, parents or spouses. Under try to reinstill individual and family respon- out the FMLA, Michelle would have certain circumstances, parents may sibility. To do that, we as a society need to make family obligation something we en- had to quit her job. With the FMLA, care for their adult child with a dis- courage rather than discourage. That is why she knows she doesn’t have to worry ability. This excludes siblings, grand- I believe we should enact the Family and about her job, which is a huge relief for children and grandparents, domestic Medical Leave Act. her. The lack of income is a big con- partners of the same or opposite sex, Their bipartisan efforts have reaped cern, but it is something she and her in-laws, cousins, and everyone else. huge rewards. husband will worry about later. That is why the Family and Medical My office has heard from people Thanks to new regulations from the Leave Inclusion Act sponsored by Sen- URBIN is so important. This bill around the country who have benefited Department of Labor, Michelle will be ator D will expand and modernize the defini- from the Family and Medical Leave able to take advantage of a new provi- tion of family to include many cur- Act. sion of the Family and Medical Leave rently excluded relationships. Too The Family and Medical Leave Act Act, allowing up to 26 weeks of leave many workers will otherwise have no meant that Kimberly Jones of Wis- for the families of veterans injured in one eligible to care for them in a time consin was able to help her develop- the line of duty. The Family and Medical Leave Act is of need or the person they rely on most mentally challenged son, David, during one of our Nation’s most important will not be recognized as their family a critical time. After years of strug- laws. That is why I will introduce this for purposes of the FMLA. This is a gling socially and in school, after a week a resolution honoring the FMLA commonsense change we can and must misdiagnosis that led to medications and the leaders who made the FMLA a accomplish. that made him worse, David finally re- reality. One of the most common and critical ceived the correct diagnosis of There are so many. I mentioned challenges faced by families is the loss Asperger’s syndrome, which allowed those who were here in the Senate; of income while taking unpaid FMLA him to get the right care and the ap- there were those in the House who also leave. This obliges parents to cut short propriate treatment. The FMLA al- helped shepherd this through. I would maternity and paternity leave. It lowed Kim to take 12 weeks off from mention, of course, Connie Morella, a forces cancer patients to work as much work so she could be with her son, former Congresswoman who was so ac- as possible, rather than taking time to David, to advocate for him, seek out tive in the bill. fully recuperate or, worse, to forgo professionals, learn how to help him, I would mention also GEORGE MIL- leave altogether. Still others are finan- and support him through detoxification LER, Congressman GEORGE MILLER, and cially devastated when they have no from his previous medications. Congresswoman ROSA DELAURO, who choice but to take unpaid leave. Thanks to the FMLA, Kim was able worked so hard to get this passed in We cannot allow family responsibil- to get David situated and take the the House. There were people on the ities to jeopardize families’ economic time to do what was best for him. Kim outside, Judy Lichtman, in 1993, was security. A social insurance program to says parents shouldn’t have to lose the head of something called the Wom- provide some wage replacement during their jobs to do what is best for their en’s Legal Defense Fund. She and her family and medical leave would allow children. She adds that children and colleague Donna Lenhoff played abso- families to maintain their economic se- families are in a better place because lutely critical roles in getting the curity while seeing to their families. of the Family and Medical Leave Act. FMLA written, introduced, and across Research shows this could be done on a Tonya Pinkston from Atlanta, GA, the finish line. I wanted to mention universal basis with very small, shared was diagnosed with lupus in 2009, but those heroes who worked so hard for contributions by workers and their em- she was allowed only 3 sick days a this important bill. ployers. Two States, New Jersey and year. As the sole earner in her house- There is still more work to do to en- California, have already implemented hold with her parents and daughter, sure that families are fully able to such paid leave systems, helping fami- she absolutely had to keep her job. Her meet their family responsibilities as lies in those States to be financially se- boss suggested the Family and Medical well as maintain economic security. cure during family and medical leave.

VerDate Mar 15 2010 03:05 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S04FE3.REC S04FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 4, 2013 CONGRESSIONAL RECORD — SENATE S465 Today is the day to honor the efforts dren so they can survive and even from accessing those victim services of so many whose work led to the pas- thrive after domestic assault. We have now. sage and signing of the Family and made great strides on this problem, but In fact, a recent survey found that 45 Medical Leave Act 20 years ago. This is there is great work still to be done. We percent of LGBT victims were turned a time to reflect on how trans- cannot be complacent or overconfident. away when they sought help from a vi- formative the Family and Medical We cannot be self-satisfied. We must olence center. That is simply unaccept- Leave Act has been for our society. It press ahead with VAWA, and that is able. So this legislation will make sure is also time to look ahead to additional why today’s passage is so important— they have access to these services and ways we can support families and allow at least the passage of the motion to also make great improvements in the them to stay strong, mutually sup- proceed. law enforcement tools available to Na- portive, and economically secure. Groups and organizations in Con- tive American communities. I look forward to future work to ex- necticut and across the nation report Our Nation’s tribal communities are pand and strengthen the protections of to me about critical staff shortages, re- literally facing an epidemic of domes- the Family and Medical Leave Act. sources they need to respond to the tic violence and sexual assault. Nearly I yield the floor. hundreds of thousands of women every three out of five Native American The PRESIDING OFFICER. The Sen- year who face these problems, and the women are assaulted by their spouses ator from Connecticut. protection they provide to children as or intimate partners, and one-third of Mr. BLUMENTHAL. Mr. President, I well as women who are victims of this all Native American women will be wish to thank my colleague Senator crime. raped during their lifetime. I know HARKIN for his leadership on the Fam- I have been very privileged to join those statistics are hard to grasp. They ily and Medical Leave Act, along with with Interval House in an effort called seem incredible. Three out of five Na- my predecessor Chris Dodd’s very Men Against Domestic Violence. Men tive American women are assaulted by strong dedication to this cause and the make a difference. They are potential their spouses or intimate partners. historic difference he and Senator HAR- role models, and we have tried to pro- One-third of all Native American KIN have made on a truly trans- vide those role models to go into women will be raped during their life- formative measure for the United schools and provide education—a group time. States of America. The Family and of men who are educators, police, and I wish they were wrong. I would be Medical Leave Act has made a dif- other kinds of leaders in their commu- happy to be corrected. But those num- ference in so many lives and shaped so nities, in business. We helped to start bers tell a searing and unacceptable many futures for the better in our Na- this effort through Interval House, our truth about our Nation. Tribal courts tion. I will be honored to join his reso- major domestic shelter in the State. currently cannot prosecute domestic lution and to support Senator DURBIN’s This is only a small example of how violence crimes against Native Amer- Family and Medical Leave Inclusion these efforts can have a ripple effect ican women that are committed on Act and simply offer my thanks to him through VAWA. tribal lands by a non-Native American. We need to not only renew our com- on behalf of Connecticut as well as the S. 47 closes that loophole so that all mitment to end domestic violence but country for his leadership on this issue. Native American women will have ac- This measure is about human beings also to update and strengthen and ex- cess to justice. and the values that define us and make pand the Violence Against Women Act. Finally, the 2000 reauthorization of us great as a nation, the greatest Na- I am pleased to join my colleague Sen- VAWA contained landmark provisions tion in the history of the world. ator PORTMAN in offering an amend- to protect immigrant victims of do- f ment that strengthens services for children and youth victims of sex traf- mestic violence, and S. 47 significantly VIOLENCE AGAINST WOMEN ficking. Yes, sex trafficking and human maintains and expands those provi- REAUTHORIZATION ACT trafficking continue to exist in this sions, sending a strong message that Mr. BLUMENTHAL. Mr. President, Nation. It is sometimes invisible, un- immigrant women deserve the full pro- the measure we have approved today to known, one of the most heinous crimes tection of the law, the full measure of move forward, the Violence Against imaginable—modern-day slavery, un- American justice. It is the reason they Women Act, so far as it defines us, speakable indenture of children. We have come to this country, the reason states our values and articulates the need to do more to ensure that children that millions of immigrants come to vision we see of our Nation as caring in our communities who are victims of this country, the reason we are a na- for people who are victims of domestic sex trafficking have access to the life- tion of immigrants and strong because abuse and sexual assault. I am proud of saving services that are available to of the diversity and the talent they my colleagues for approving this meas- other youth victims of domestic vio- bring to this Nation. We must guar- ure today to go forward by an over- lence or sexual assault. antee justice to immigrant women. whelming bipartisan vote, 85 to 8. We can make sure agencies and orga- I am still frustrated and disappointed I hope this day will be followed by nizations that provide these services the last Congress did not approve final passage here and then in the access grant funding available for this VAWA; that this measure was stalled House of Representatives, avoiding the purpose. Again, this goal ought to be in the House of Representatives despite fate that befell it during the last ses- bipartisan, and it is with Senator a similarly bipartisan vote in this body sion, when I similarly supported this PORTMAN and myself on this amend- to approve it. I hope this year the vote measure to reauthorize and strengthen ment. I hope my colleagues will sup- in this body will be a prelude to bipar- a bill that has served us well for 18 port it. tisan approaches on this measure and years. It served us well in addressing a Vulnerable communities ought to re- others where basic human values are at problem that is as horrific and heinous ceive the same kind of protection stake; that there will be no stalling as any that afflicts our society, domes- through VAWA even though they are again; that this measure will proceed tic violence and sexual assault, shapes now overlooked by existing law, and in the House on a similarly bipartisan futures and transforms lives for the those protections should be expanded. basis. worse, unless they are followed by the We have an obligation to ensure that An inclusive bipartisan VAWA should service and law enforcement that all victims of domestic violence, re- not be postponed. Time is not on the VAWA provides. VAWA is about the or- gardless of their sexual orientation or side of victims. They need these serv- ganizations that provide those services gender identification, are covered by ices. Law enforcement needs the sup- and need the support in Connecticut this law. So this legislation contains port to make sure anyone committing and around the country, organizations protection for gay, lesbian, bisexual, domestic violence or sexual assault in in Connecticut that provide services to and transgender Americans. The LGBT this country is held responsible and ac- 54,000 victims of domestic violence and community ought to know it is covered countable, and that we send that mes- sexual assault every year. In our State in the same way as every other part of sage to women and children through- alone, $4 million provides those critical our population, even though they face out this country. services to men and women and chil- discrimination that prevents them Mr. President, I yield the floor.

VerDate Mar 15 2010 03:05 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S04FE3.REC S04FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S466 CONGRESSIONAL RECORD — SENATE February 4, 2013 TOBACCO CONTROL ACCOMPLISH- chine where customers can make 200 ing his attack. Ms. Fields, who rushed MENTS AND TOBACCO TAX PAR- cigarettes in 8 minutes and not pay the to the classroom when she heard gun- ITY ACT $10 Federal cigarette tax. fire, joined Mr. Heber in persuading the Mr. DURBIN. Mr. President, last A report released by the Government attacker to put down his gun and sur- week I was joined by Senators LAUTEN- Accountability Office last year found render to police when they arrived on BERG and BLUMENTHAL to introduce the that the difference in tax rates creates the scene. Meanwhile, Ms. Murphy Tobacco Tax Parity Act, a bill aimed opportunities for tax avoidance and en- stayed calm and made sure that stu- at closing loopholes in how tobacco courages consumers to use products dents quickly and safely evacuated the products are taxed and reducing the in- with a lower tax. For instance, the classroom. cidence of tobacco use. monthly sales of pipe tobacco in Sep- Like their teacher and supervisors, It wasn’t that long ago when it was tember 2011 increased by over 1,200 per- the students at Taft were also very common to smoke in offices, airplanes, cent compared to January 2009, while brave. They stayed calm and followed elevators or even here in congressional the monthly sales for roll-your-own to- school safety measures. I commend hearings. We have made progress since bacco dropped 600 percent. Over $1.4 bil- these young people and the first re- the landmark 1964 Surgeon General’s lion in State and Federal revenue has sponders who swiftly responded to the Report showing the negative effects of already been lost due to manufacturers call for help. smoking on health, but there are plen- relabeling and selling roll-your-own to- The students, faculty, and staff de- ty of signs that the fight continues to bacco as pipe tobacco. serve our support in the days and years protect future generations from suf- The Tobacco Tax Equity Act will end ahead, and they deserve our action to fering the terrible effects of tobacco. the exploitation of these tax loopholes help curb gun violence and ensure safe- According to a Surgeon General’s Re- by taxing all tobacco products at the ty at our schools in Taft and across the ∑ port issued in March 2012, tobacco use same level as cigarettes. Through this country. among youth is a ‘‘pediatric epidemic’’ legislation roll-your-own tobacco and f and is the No. 1 cause of preventable pipe tobacco would be taxed at the TRIBUTE TO AARON MANKIN and premature death in this country. same level of $1 for 20 cigarettes worth ∑ Mr. BOOZMAN. Mr. President, hav- Every year, tobacco products account of tobacco. It would also raise the tax ing served on the Rogers School Board, for 443,000—or 1 out of 5—deaths. The on a package of smokeless tobacco I understand how important the Wall report also found that every day, 1,000 from 11 cents or less to $1—the same as of Distinction is to the school district young people become new regular a packet of cigarettes. The same goes and the community. This honor high- smokers and, of these new smokers, for cigars, which are currently taxed lights the accomplishments of a wide one-third will eventually die from to- no more than 46 cents per a cigar. As array of people who have proven their bacco-related causes. new tobacco products come onto the commitment to upholding and sharing While our Nation pays the physical market, this bill ensures that any and financial burden of tobacco use the values of Rogers. product defined as a tobacco product I can’t think of a better person who through $96 billion in annual medical by the FDA is taxed at a level equiva- fits this description than Aaron costs and $97 billion in lost produc- lent with cigarettes. Mankin. tivity due to premature death, tobacco According to an estimate by the I have known the Mankin family for companies invent new ways to generate Joint Committee on Taxation, closing much of my life. I grew up with Aar- profits and entice young people to pick these loopholes will generate $3.6 bil- on’s dad. Aaron grew up with my three up this deadly habit. lion over the next 10 years. But closing daughters. Our families have a long In 2009, the Children’s Health Insur- the loophole will not only generate history together. ance Program Reauthorization Act in- much needed revenue and prevent man- Aaron’s love for his country led him creased the Federal tax rate on ciga- ufacturers from gaming the system, it to join the Marine Corps in 2003, where rettes and set the tax rate for small ci- will protect children and teens from he served as a combat correspondent. gars and roll-your-own cigarettes at picking up this dangerous habit. I urge In 2005 he deployed to Iraq, risking his the same level as cigarettes. Cigars, my colleagues to support this impor- life to protect the interests of his coun- smokeless tobacco, pipe tobacco, and tant legislation. try. I had the opportunity to visit with nicotine candies, however, remain at f him during a trip to Iraq. Just a few dramatically lower tax rates than ciga- weeks later, his life changed forever. rettes making them a cheap source of ADDITIONAL STATEMENTS He suffered intense burns and major tobacco, particularly among young lung damage when the armored vehicle people. While cigarettes, roll-your-own, TAFT UNION HIGH SCHOOL he was riding in ran over a land mine and little cigars are taxed about $1 for in Northern Iraq. Aaron was sent to a pack of 20 cigarettes, pipe tobacco is ∑ Mrs. BOXER. Mr. President, today I Brooke Army Medical Center in San only taxed 11 cents for what adds up to ask my colleagues to join me in salut- Antonio and placed in the ICU. The 20 cigarettes, a pouch of chewing to- ing and commending Ryan Heber, Kim damage to his lungs was so extensive bacco is only taxed 9 cents, and a 12- Fields and Mary Murphy, three edu- that he was placed on a ventilator. He pack can of nicotine tablets or lozenges cators who risked their lives to protect had third-degree burns on his arms and is taxed less than 1 cent. Not surpris- students in Taft, CA. had to have his thumb and two-thirds ingly, as the tax for cigarettes has in- On Thursday, January 10—less than 4 of his index finger on his right hand creased, cigarette sales dropped and weeks after the horrific massacre at amputated. the sales of undertaxed tobacco prod- Sandy Hook Elementary School—a stu- I have visited with Aaron on several ucts went up. dent armed with a shotgun opened fire occasions since his devastating injuries This difference in tax rates doesn’t in a classroom at Taft Union High and heard him share his experiences. make sense, and we are already seeing School and wounded two of his class- He is one of my heroes, and I am al- tobacco manufacturers abusing them mates. Today, one student remains ways moved personally regarding my by changing the labels on their prod- hospitalized, recovering from his inju- own efforts after seeing how he has ucts to avoid paying the higher tax. ries. fought through his adversity. For instance, to avoid paying the high- This was a tragic attack, and it is Aaron has faced many challenges, er tax on loose roll-your-own tobacco, terrifying to think that it could have but his contagious enthusiasm for life some manufacturers simply change the been even worse had it not been for the has opened many doors, and I am con- label on that product to pipe tobacco. brave, swift actions of Taft science fident those opportunities will con- There are stores popping up across the teacher Ryan Heber and campus super- tinue. Many programs have benefited country, including in Illinois, that visors Kim Fields and Mary Murphy. Aaron along his path to recovery, and allow people to buy undertaxed pipe to- When the shooting started, Mr. Heber he has shown his appreciation by be- bacco or cigarette tobacco inten- responded immediately. After ushering coming a champion and spokesperson tionally mislabeled as pipe tobacco and his other students out of harm’s way, for UCLA’s Operation Mend and the In- rent time on a cigarette making ma- he began talking the shooter into ceas- trepid Fallen Heroes Fund.

VerDate Mar 15 2010 03:05 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S04FE3.REC S04FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 4, 2013 CONGRESSIONAL RECORD — SENATE S467 He has a long list of accomplish- VA, Gordon oversaw the implementa- erate at a much higher speed than pre- ments and awards, including earning tion of the post-9/11 GI bill and many viously possible.. Indeed, Herreshoff the Purple Heart and the Navy other major transformation initiatives. built the fastest boats on the water, Achievement Medal with Combat Dis- I worked closely with Gordon to es- both steam and sail. Between 1893 and tinguishing Device for Valor. In addi- tablish the Captain James A. Lovell 1920, five of Nathanael Greene tion, he was named as one of People Federal Health Care Center in North Herreshoff’s custom-designed racing Magazine’s Heroes of the Year and a Chicago, the Nation’s first fully inte- sloops were chosen to sail in the pres- 2011 recipient of the Veterans Leader- grated Department of Defense-VA med- tigious America’s Cup, and all five ship Award presented by the Iraq and ical center. Only a few years before, a emerged as victors. Afghanistan Veterans of America. The Washington consulting company rec- Notwithstanding these sea-going next year, Secretary of Defense Leon ommended the closure of the North champions, the Herreshoffs’ most ac- Panetta invited Aaron to discuss mat- Chicago VA. Instead, the idea behind claimed boat design is arguably the ters affecting wounded veterans. the Lovell FHCC was born. smaller S class. Nathanael Greene He has taken his pain and suffering Working with Gordon was a privilege, Herreshoff first designed the S boat in and turned it into a model of persever- and through his dedication to this ef- 1919, and the company built 95 boats ance that is helping other soldiers and fort, we succeeded. Today, over 100,000 before halting production in 1941. So veterans heal from the pain of battle. veterans, military servicemembers, well designed and built are they, that Aaron, we are proud of your vision- and their families have access to state- many S boats are still racing today. ary leadership and all of your accom- of-the-art health care at the Lovell It is no wonder the S boat has held up plishments. You have always main- FHCC. so well. The boat shows speed and agil- tained an optimistic attitude and a de- It is for this, and his many other ac- ity under all conditions, and its engi- termination that can be an example to complishments, that we thank and neering is considered one of the most us all. We are excited to see what your honor Gordon Mansfield for his service groundbreaking undertakings in future holds, and we are proud to call to this Nation.∑ boatbuilding history. The S boat was particularly well suited for the coastal you a son of Rogers, Arkansas. ∑ f waters of Rhode Island: comfortable for f RHODE ISLAND’S MARINE easy day sailing; fast when racing hard. REMEMBERING GORDON ECONOMY Its deep keel and hull shape made the MANSFIELD ∑ Mr. WHITEHOUSE. Mr. President, boat steady in the strong ocean breeze ∑ Mr. KIRK. Mr. President, today I rise today I wish to pay tribute to one of that characterizes summer afternoons to honor the legacy of former VA Dep- my State’s great traditions and to a on Narragansett Bay, but on mild days uty Secretary Gordon Mansfield; a wonderful man. The Herreshoff Marine its vast mainsail catches the lightest combat veteran, friend, and tireless ad- Museum, founded in 1971, preserves zephyr. The S boat boasted a keel with vocate for our veterans. He passed today the history of one our State’s a high aspect ratio, and a high ballast- away last week. Over the course of his most important economic and design to-displacement ratio, allowing for a distinguished career Gordon served his legacies, the Herreshoff boat building stiffer boat. Although these features nation, its veterans, and those perse- company of Bristol. were unusual for the 1900s, other boat vering through disabilities. He will be Early Rhode Island settlers took ad- designers quickly adopted them after missed but his legacy remembered. vantage of the State’s location on the the great success of the S boat became Like many in his generation, Gordon Narragansett Bay to foster one of Colo- apparent. The S boat transom became enlisted and served in Vietnam. During nial America’s most successful marine a common sight for other sailors. the Tet Offensive, while on his second economies. Newport, RI, was the Colo- Ninety-five years after the first S combat tour, Gordon was wounded and nies’ fifth most prosperous commercial boat splashed into Bristol Harbor at sustained a spinal cord injury. He was center, in part because of its port ac- the Herreshoff boatyard, the fleet is ac- awarded the Bronze Star, two Purple tivity. Since that time, Rhode Island- tive and growing, with boats being re- Hearts, the Combat Infantryman’s ers have sustained the State’s mari- stored to join the class. This success Badge, and Presidential Unit Citation. time tradition, excelling in and growth is much thanks to fleet While recovering from his injuries, boatbuilding, fishing, shipping, port op- commodore Fred Roy. Fred brought Gordon earned his law degree, and upon eration, energy exploration, and ma- bouyant enthusiasm and cheerfulness moving back to Florida, began prac- rine biology. to the Narragansett Bay Herreshoff S ticing law. He served as a counsel in a The marine trades continue to play a Class Association, and the association and all who love our bay and its special legal aid program devoted to assisting pivotal economic development role in sailing traditions join in appreciation his fellow veterans. our State today; as many other sectors From 1981 to 1989, Gordon served as in Rhode Island struggle to rebound of Fred Roy. Fred has brought the spir- the executive director of the Paralyzed from the recent recession, our marine it of the S boat, rail down and surging forward, to this part of our ongoing Veterans of America, advocating for industry is actually expanding. The history and maritime culture, and I disabled veterans’ interests on a na- Rhode Island Marine Trade Association take this opportunity to thank and sa- tional level. His work at PVA was in- reports that this industry supports lute him, and celebrate this tradition strumental in standing up the U.S. over 6,600 Rhode Island jobs, paying al- of Narragansett Bay.∑ Court of Appeals for Veterans Claims most $260 million in wages to Rhode Is- as well as shaping landmark disabil- land workers—and almost 10 percent of f ities advocacy legislation. In 1989, Gor- private employers in the State are as- MESSAGES FROM THE PRESIDENT don joined the Department of Housing sociated with the boating industry. Messages from the President of the and Urban Development, and served as The Herreshoff family helped shape United States were communicated to President George H.W. Bush’s Assist- Rhode Island’s maritime legacy. In the Senate by Mrs. Neiman, one of his ant Secretary for Fair Housing and 1878, John Brown Herreshoff and his secretaries. Equal Opportunity. There he served as brother Nathanael Greene Herreshoff f a strong advocate for accessible hous- more commonly known as ‘‘Captain ing. Nat’’—joined forces to form the EXECUTIVE MESSAGES REFERRED In 2001, Gordon once again answered Herreshoff Manufacturing Company in As in executive session the Presiding the call to help veterans, joining Sec- Bristol, RI. Known for innovative de- Officer laid before the Senate messages retary Anthony Principi as the Assist- sign, superior skills, and efficient man- from the President of the United ant Secretary for Congressional and ufacturing, the Herreshoff Manufac- States submitting sundry nominations Legislative Affairs at the Department turing Company quickly became a na- which were referred to the appropriate of Veterans Affairs. In 2004, he became tional leader in the boatbuilding indus- committees. the Deputy Secretary and Chief Oper- try. The brothers developed a lighter, (The messages received today are ating Officer, and served as Acting Sec- faster version of the steam generator printed at the end of the Senate pro- retary in 2007. During his time at the boiler, which allowed steamboats to op- ceedings.)

VerDate Mar 15 2010 03:05 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S04FE3.REC S04FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S468 CONGRESSIONAL RECORD — SENATE February 4, 2013 REPORT ON THE CONTINUATION HARRIS) had signed the following en- EC–269. A communication from the Chair- OF THE NATIONAL EMERGENCY rolled bill: man of the Council of the District of Colum- THAT WAS DECLARED IN EXECU- bia, transmitting, pursuant to law, a report H. R. 325. An act to ensure the complete on D.C. Act 19–539, ‘‘Office of the Chief Fi- TIVE ORDER 13396 ON FEBRUARY and timely payment of the obligations of the nancial Officer Audit Report Transparency 7, 2006, WITH RESPECT TO THE United States Government until May 19, Temporary Act of 2012’’; to the Committee SITUATION IN OR IN RELATION 2013, and for other purposes. on Homeland Security and Governmental Af- TO COˆ TE D’IVOIRE—PM 1 Under the authority of the order of fairs. EC–270. A communication from the Chair- The PRESIDING OFFICER laid be- the Senate of January 3, 2013, the en- rolled bill was signed on February 4, man of the Council of the District of Colum- fore the Senate the following message bia, transmitting, pursuant to law, a report from the President of the United 2013, during the adjournment of the on D.C. Act 19–546, ‘‘Health Benefits Plan States, together with an accompanying Senate, by the President pro tempore Members Bill of Rights Amendment Act of report; which was referred to the Com- (Mr. LEAHY). 2012’’; to the Committee on Homeland Secu- mittee on Banking, Housing, and f rity and Governmental Affairs. EC–271. A communication from the Chair- Urban Affairs: MEASURES PLACED ON THE man of the Council of the District of Colum- To the Congress of the United States: CALENDAR bia, transmitting, pursuant to law, a report Section 202(d) of the National Emer- on D.C. Act 19–547, ‘‘Uniform Real Property The following bills were read the sec- Transfer on Death Act of 2012’’; to the Com- gencies Act (50 U.S.C. 1622(d)) provides ond time, and placed on the calendar: mittee on Homeland Security and Govern- for the automatic termination of a na- S. 201. A bill to prohibit the sale, lease, mental Affairs. tional emergency, unless, within 90 transfer, retransfer, or delivery of F–16 air- EC–272. A communication from the Chair- days prior to the anniversary date of craft, M1 tanks, or certain other defense ar- man of the Council of the District of Colum- its declaration, the President publishes ticles or services to the Government of bia, transmitting, pursuant to law, a report in the Federal Register and transmits to Egypt. on D.C. Act 19–548, ‘‘General Obligation S. 204. A bill to preserve and protect the Bonds and Bond Anticipation Notes for Fis- the Congress a notice stating that the cal Years 2013–2018 Authorization Act of emergency is to continue in effect be- free choice of individual employees to form, join, or assist labor organizations, or to re- 2012’’; to the Committee on Homeland Secu- yond the anniversary date. In accord- frain from such activities. rity and Governmental Affairs. ance with this provision, I have sent to EC–273. A communication from the Chair- the Federal Register for publication the f man of the Council of the District of Colum- enclosed notice stating that the na- MEASURES READ THE FIRST TIME bia, transmitting, pursuant to law, a report on D.C. Act 19–549, ‘‘Medicaid Fraud Enforce- tional emergency declared in Executive The following bill was read the first ment and Recovery Amendment Act of 2012’’; Order 13396 of February 7, 2006, with re- time: to the Committee on Homeland Security and spect to the situation in or in relation S. 209. A bill to require a full audit of the Governmental Affairs. to Coˆ te d’Ivoire is to continue in effect Board of Governors of the Federal Reserve EC–274. A communication from the Chair- man of the Council of the District of Colum- beyond February 7, 2013. System and the Federal reserve banks by the bia, transmitting, pursuant to law, a report The situation in or in relation to Comptroller General of the United States, on D.C. Act 19–550, ‘‘Judicial Adjudication of and for other purposes. Coˆ te d’Ivoire, which has been addressed Parentage Act of 2012’’; to the Committee on by the United Nations Security Council f Homeland Security and Governmental Af- in Resolution 1572 of November 15, 2004, fairs. EXECUTIVE AND OTHER EC–275. A communication from the Chair- and subsequent resolutions, has re- COMMUNICATIONS sulted in the massacre of large num- man of the Council of the District of Colum- bers of civilians, widespread human The following communications were bia, transmitting, pursuant to law, a report laid before the Senate, together with on D.C. Act 19–551, ‘‘District Department of rights abuses, significant political vio- Transportation Bicycle Sharing Fund lence and unrest, and fatal attacks accompanying papers, reports, and doc- Amendment Act of 2012’’; to the Committee against international peacekeeping uments, and were referred as indicated: on Homeland Security and Governmental Af- forces. Since the inauguration of Presi- EC–264. A communication from the Dis- fairs. dent Alassane Ouattara in May 2011, trict of Columbia Auditor, transmitting, pur- EC–276. A communication from the Chair- the Government of Coˆ te d’Ivoire has suant to law, a report entitled, ‘‘Certified man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report made progress in advancing democratic Business Enterprise Expenditures of Public- Private Development Construction Projects on D.C. Act 19–552, ‘‘Public Vehicle-for-Hire freedoms and economic development. for Fiscal Year 2012’’; to the Committee on Educational Services Temporary Act of While the Government of Coˆ te d’Ivoire Homeland Security and Governmental Af- 2012’’; to the Committee on Homeland Secu- and its people continue to make fairs. rity and Governmental Affairs. progress towards peace and prosperity, EC–265. A communication from the Chair- EC–277. A communication from the Chair- the situation in or in relation to Coˆ te man of the Council of the District of Colum- man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report d’Ivoire continues to pose an unusual bia, transmitting, pursuant to law, a report on D.C. Act 19–535, ‘‘Allen Chapel A.M.E. on D.C. Act 19–553, ‘‘Local Rent Supplement and extraordinary threat to the na- Program Voucher Temporary Amendment tional security and foreign policy of Senior Residential Rental Project Property Tax Exemption Clarification Act of 2012’’; to Act of 2012’’; to the Committee on Homeland the United States. For these reasons, I the Committee on Homeland Security and Security and Governmental Affairs. EC–278. A communication from the Chair- have determined that it is necessary to Governmental Affairs. man of the Council of the District of Colum- continue the national emergency and EC–266. A communication from the Chair- bia, transmitting, pursuant to law, a report related measures blocking the property man of the Council of the District of Colum- on D.C. Act 19–554, ‘‘NoMA Residential De- bia, transmitting, pursuant to law, a report of certain persons contributing to the velopment Tax Abatement Act of 2012’’; to on D.C. Act 19–536, ‘‘Hire Date Reporting conflict in Coˆ te d’Ivoire. the Committee on Homeland Security and Amendment Act of 2012’’; to the Committee BARACK OBAMA. Governmental Affairs. THE WHITE HOUSE, February 4, 2013. on Homeland Security and Governmental Af- EC–279. A communication from the Chair- fairs. f man of the Council of the District of Colum- EC–267. A communication from the Chair- bia, transmitting, pursuant to law, a report MESSAGE FROM THE HOUSE man of the Council of the District of Colum- on D.C. Act 19–555, ‘‘Closing of a Public Alley bia, transmitting, pursuant to law, a report RECEIVED DURING ADJOURNMENT in Square N–515, S.O. 12–02073, Act of 2012’’; on D.C. Act 19–537, ‘‘Fiscal Year 2013 Budget to the Committee on Homeland Security and Support Technical Clarification Temporary Governmental Affairs. Amendment Act of 2012’’; to the Committee EC–280. A communication from the Chair- ENROLLED BILL SIGNED on Homeland Security and Governmental Af- man of the Council of the District of Colum- Under the authority of the order of fairs. bia, transmitting, pursuant to law, a report the Senate of January 3, 2013, the Sec- EC–268. A communication from the Chair- on D.C. Act 19–559, ‘‘District of Columbia retary of the Senate, on February 1, man of the Council of the District of Colum- Flag Amendment Act of 2012’’; to the Com- bia, transmitting, pursuant to law, a report 2013, during the adjournment of the mittee on Homeland Security and Govern- on D.C. Act 19–538, ‘‘School-Based Enrich- mental Affairs. Senate, received a message from the ment Programs Temporary Act of 2012’’; to EC–281. A communication from the Chair- House of Representatives announcing the Committee on Homeland Security and man of the Council of the District of Colum- that the Speaker pro tempore (Mr. Governmental Affairs. bia, transmitting, pursuant to law, a report

VerDate Mar 15 2010 03:05 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S04FE3.REC S04FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 4, 2013 CONGRESSIONAL RECORD — SENATE S469 on D.C. Act 19–560, ‘‘Water Quality Assurance INTRODUCTION OF BILLS AND By Mr. LEVIN (for himself, Mr. ISAK- Amendment Act of 2012’’; to the Committee JOINT RESOLUTIONS SON, Mr. BLUMENTHAL, Mr. CHAM- on Homeland Security and Governmental Af- BLISS, Ms. LANDRIEU, Mr. PORTMAN, fairs. The following bills and joint resolu- Ms. STABENOW, Mr. JOHNSON of Wis- EC–282. A communication from the Chair- tions were introduced, read the first consin, Mr. BLUNT, Mr. COONS, Mr. man of the Council of the District of Colum- and second times by unanimous con- ROBERTS, Mr. WARNER, Mr. BROWN, bia, transmitting, pursuant to law, a report sent, and referred as indicated: Mr. HATCH, Mr. FRANKEN, Mr. GRA- on D.C. Act 19–561, ‘‘District Department of By Mrs. FEINSTEIN (for herself and HAM, Mr. MERKLEY, Ms. KLOBUCHAR, Transportation Accessible Vehicles Fund CHUMER OBURN Mrs. BOXER): Mr. S , Mr. C , Mr. Amendment Act of 2012’’; to the Committee S. 208. A bill to require the Federal Avia- CASEY, Mr. WYDEN, Mr. KIRK, Mr. on Homeland Security and Governmental Af- tion Administration to prescribe regulations CORNYN, Mrs. GILLIBRAND, Mr. fairs. BEGICH, Mr. CARDIN, Ms. COLLINS, and EC–283. A communication from the Chair- to reduce helicopter noise pollution in resi- dential areas in Los Angeles County, Cali- Mrs. BOXER): man of the Council of the District of Colum- S. 218. A bill to ensure that amounts cred- fornia; to the Committee on Commerce, bia, transmitting, pursuant to law, a report ited to the Harbor Maintenance Trust Fund Science, and Transportation. on D.C. Act 19–562, ‘‘Energy Innovation and are used for harbor maintenance; to the By Mr. PAUL (for himself, Mr. VITTER, Savings Amendment Act of 2012’’; to the Committee on Environment and Public Mr. CRUZ, Ms. AYOTTE, Mr. BAR- Committee on Homeland Security and Gov- Works. RASSO, Mr. BEGICH, Mr. BOOZMAN, Mr. ernmental Affairs. By Mr. CASEY: EC–284. A communication from the Chair- BURR, Mr. CHAMBLISS, Mr. COBURN, S. 219. A bill to establish the Susquehanna man of the Council of the District of Colum- Mr. ENZI, Mr. GRASSLEY, Mr. HELLER, Gateway National Heritage Area in the bia, transmitting, pursuant to law, a report Mr. LEE, Mr. RISCH, Mr. ROBERTS, Mr. State of Pennsylvania, and for other pur- on D.C. Act 19–563, ‘‘Alternative Service of RUBIO, Mr. CORNYN, and Mr. TOOMEY): poses; to the Committee on Energy and Nat- Process Amendment Act of 2012’’; to the S. 209. A bill to require a full audit of the ural Resources. Committee on Homeland Security and Gov- Board of Governors of the Federal Reserve By Mr. NELSON (for himself, Mrs. ernmental Affairs. System and the Federal reserve banks by the FEINSTEIN, and Mrs. BOXER): EC–285. A communication from the Chair- Comptroller General of the United States, S. 220. A bill to create a Citrus Disease Re- man of the Council of the District of Colum- and for other purposes; read the first time. search and Developing Trust Fund to support bia, transmitting, pursuant to law, a report By Mr. HELLER (for himself and Mr. research on diseases impacting the citrus in- on D.C. Act 19–564, ‘‘Good Samaritan Over- TESTER): dustry, and for other purposes; to the Com- dose Prevention Amendment Act of 2012’’; to S. 210. A bill to amend title 18, United mittee on Finance. the Committee on Homeland Security and States Code, with respect to fraudulent rep- By Ms. AYOTTE: Governmental Affairs. resentations about having received military S. 221. A bill to amend the Magnuson-Ste- EC–286. A communication from the Chair- declarations or medals; to the Committee on vens Fishery Conservation and Management man of the Council of the District of Colum- the Judiciary. Act to permit eligible fishermen to approve bia, transmitting, pursuant to law, a report By Mr. HATCH (for himself and Mr. certain limited access privilege programs, on D.C. Act 19–565, ‘‘Department of Motor LEE): and for other purposes; to the Committee on Vehicles Reciprocity Amendment Act of S. 211. A bill to amend certain definitions Commerce, Science, and Transportation. 2012’’; to the Committee on Homeland Secu- contained in the Provo River Project Trans- By Mr. UDALL of New Mexico (for rity and Governmental Affairs. fer Act for purposes of clarifying certain himself, Mr. HEINRICH, Mr. UDALL of EC–287. A communication from the Chair- property descriptions, and for other pur- Colorado, and Mr. BENNET): man of the Council of the District of Colum- poses; to the Committee on Energy and Nat- S. 222. A bill to amend the Surface Mining bia, transmitting, pursuant to law, a report ural Resources. Control and Reclamation Act of 1977 to clar- on D.C. Act 19–573, ‘‘Parkside Parcel E and J By Mr. COCHRAN (for himself and Mr. ify that uncertified States and Indian tribes Mixed-Income Apartments Tax Abatement WICKER): have the authority to use certain payments Temporary Act of 2012’’; to the Committee S. 212. A bill to approve the transfer of Yel- for certain noncoal reclamation projects and on Homeland Security and Governmental Af- low Creek Port properties in Iuka, Mis- acid mine remediation programs; to the fairs. sissippi; to the Committee on Environment Committee on Energy and Natural Re- EC–288. A communication from the Chair- and Public Works. sources. man of the Council of the District of Colum- By Mr. HELLER: By Ms. MIKULSKI (for herself and Mr. bia, transmitting, pursuant to law, a report S. 213. A bill to amend the Internal Rev- KIRK): on D.C. Act 19–574, ‘‘Streetscape Reconstruc- enue Code of 1986 to repeal the excise tax on S. 223. A bill to amend section 217 of the tion Second Temporary Act of 2012’’; to the telephone and other communication serv- Immigration and Nationality Act to modify Committee on Homeland Security and Gov- the visa waiver program, and for other pur- ices; to the Committee on Finance. ernmental Affairs. poses; to the Committee on the Judiciary. By Ms. KLOBUCHAR (for herself, Mr. EC–289. A communication from the Chair- By Mrs. FEINSTEIN (for herself and GRASSLEY, Mr. DURBIN, Mr. FRANKEN, man of the Council of the District of Colum- Mrs. BOXER): and Mr. JOHNSON of South Dakota): bia, transmitting, pursuant to law, a report S. 224. A bill to amend the Federal Water S. 214. A bill to prohibit brand name drug on D.C. Act 19–575, ‘‘Phebbie Scott Way Des- Pollution Control Act to establish a grant companies from compensating generic drug ignation Act of 2012’’; to the Committee on program to support the restoration of San Homeland Security and Governmental Af- companies to delay the entry of a generic Francisco Bay; to the Committee on Envi- fairs. drug into the market; to the Committee on ronment and Public Works. EC–290. A communication from the Chair- the Judiciary. By Mrs. FEINSTEIN (for herself and By Mr. CORKER (for himself and Mr. man of the Council of the District of Colum- Mrs. BOXER): bia, transmitting, pursuant to law, a report VITTER): S. 225. A bill to authorize the Secretary of on D.C. Act 19–578, ‘‘911 Purity Amendment S. 215. A bill to ensure that the Federal Re- the Interior to conduct a study of alter- Act of 2012’’; to the Committee on Homeland serve conducts its policies to ensure long- natives for commemorating and interpreting Security and Governmental Affairs. term price stability and a low rate of infla- the role of the Buffalo Soldiers in the early EC–291. A communication from the Chair- tion; to the Committee on Banking, Housing, years of the National Parks, and for other man of the Council of the District of Colum- and Urban Affairs. purposes; to the Committee on Energy and bia, transmitting, pursuant to law, a report By Mr. LAUTENBERG (for himself, Natural Resources. on D.C. Act 19–579, ‘‘Senator Charles H. Mrs. MURRAY, Mrs. GILLIBRAND, Mr. By Mr. TESTER (for himself, Mr. Percy Plaza Act of 2012’’; to the Committee BLUMENTHAL, Mr. MENENDEZ, and Mr. BEGICH, Mrs. MCCASKILL, and Mr. on Homeland Security and Governmental Af- WYDEN): BLUMENTHAL): fairs. S. 216. A bill to prevent harassment at in- S. 226. A bill to amend the Family and EC–292. A communication from the Chair- stitutions of higher education, and for other Medical Leave Act of 1993 to provide leave man of the Council of the District of Colum- purposes; to the Committee on Health, Edu- because of the death of a son or daughter; to bia, transmitting, pursuant to law, a report cation, Labor, and Pensions. the Committee on Health, Education, Labor, on D.C. Act 19–580, ‘‘Albert ‘Butch’ Hopkins By Mrs. MURRAY (for herself, Mrs. and Pensions. Way Designation Act of 2012’’; to the Com- BOXER, Mr. CARDIN, Mr. BEGICH, and By Mr. LEAHY (for himself, Ms. MI- mittee on Homeland Security and Govern- Mr. WYDEN): KULSKI, Mr. GRAHAM, Mrs. SHAHEEN, mental Affairs. S. 217. A bill to amend the Elementary and Mr. CASEY, Mr. WHITEHOUSE, Mr. EC–293. A communication from the Chair- Secondary Education Act of 1965 to require CARDIN, Ms. KLOBUCHAR, Mr. REED, man of the Council of the District of Colum- the Secretary of Education to collect infor- Mr. LAUTENBERG, Mr. DURBIN, Mr. bia, transmitting, pursuant to law, a report mation from coeducational elementary MURPHY, Mr. NELSON, Mrs. FEIN- on D.C. Act 19–588, ‘‘UDC Board Meeting schools and secondary schools on such STEIN, Mrs. BOXER, Mr. MENENDEZ, Amendment Act of 2012’’; to the Committee schools’ athletic programs, and for other Mr. SCHUMER, and Mr. PAUL): on Homeland Security and Governmental Af- purposes; to the Committee on Health, Edu- S. 227. A bill to authorize the transfer of fairs. cation, Labor, and Pensions. certain funds to improve security at United

VerDate Mar 15 2010 03:05 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S04FE3.REC S04FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S470 CONGRESSIONAL RECORD — SENATE February 4, 2013 States embassies and other diplomatic facili- S. 113 as cosponsors of S. 183, a bill to amend ties worldwide, and for other purposes; con- At the request of Mr. DURBIN, the title XVIII of the Social Security Act sidered and passed. name of the Senator from West Vir- to provide for fairness in hospital pay- By Mrs. FEINSTEIN (for herself and ginia (Mr. ROCKEFELLER) was added as ments under the Medicare program. Mrs. BOXER): S. 228. A bill to establish the Sacramento- a cosponsor of S. 113, a bill to amend S. 190 San Joaquin Delta National Heritage Area; the Truth in Lending Act and the High- At the request of Mr. JOHANNS, the to the Committee on Energy and Natural Re- er Education Act of 1965 to require cer- name of the Senator from Oklahoma sources. tain creditors to obtain certifications (Mr. INHOFE) was added as a cosponsor f from institutions of higher education, of S. 190, a bill to prohibit the use of and for other purposes. Federal funds for certain activities of ADDITIONAL COSPONSORS S. 114 the National Labor Relation Board and S. 29 At the request of Mr. DURBIN, the the Consumer Financial Protection Bu- At the request of Mr. PORTMAN, the name of the Senator from West Vir- reau. name of the Senator from Wisconsin ginia (Mr. ROCKEFELLER) was added as S. 192 (Mr. JOHNSON) was added as a cosponsor a cosponsor of S. 114, a bill to amend At the request of Mr. BARRASSO, the of S. 29, a bill to amend title 31, United title 11, United States Code, with re- name of the Senator from Arkansas States Code, to provide for automatic spect to certain exceptions to dis- (Mr. BOOZMAN) was added as a cospon- continuing resolutions. charge in bankruptcy. sor of S. 192, a bill to enhance the en- S. 43 S. 123 ergy security of United States allies, At the request of Mr. PORTMAN, the At the request of Mrs. GILLIBRAND, and for other purposes. name of the Senator from Arkansas the name of the Senator from Mary- S. 200 (Mr. BOOZMAN) was added as a cospon- land (Mr. CARDIN) was added as a co- At the request of Ms. MURKOWSKI, the sor of S. 43, a bill to require that any sponsor of S. 123, a bill to modernize name of the Senator from Alaska (Mr. debt limit increase be balanced by voter registration, promote access to BEGICH) was added as a cosponsor of S. equal spending cuts of the next decade. voting for individuals with disabilities, 200, a bill to amend title 38, United S. 47 protect the ability of individuals to ex- States Code, to authorize the inter- At the request of Mr. LEAHY, the ercise the right to vote in elections for ment in national cemeteries under the name of the Senator from California Federal office, and for other purposes. control of the National Cemetery Ad- (Mrs. BOXER) was added as a cosponsor S. 128 ministration of individuals who served of S. 47, a bill to reauthorize the Vio- At the request of Mr. CASEY, the in combat support of the Armed Forces lence Against Women Act of 1994. name of the Senator from New York in the Kingdom of Laos between Feb- ruary 28, 1961, and May 15, 1975, and for S. 56 (Mrs. GILLIBRAND) was added as a co- other purposes. At the request of Mrs. BOXER, the sponsor of S. 128, a bill to amend the name of the Senator from New York Higher Education Act of 1965 to im- S. 204 (Mrs. GILLIBRAND) was added as a co- prove education and prevention related At the request of Mr. PAUL, the name sponsor of S. 56, a bill to amend the In- to campus sexual violence, domestic vi- of the Senator from Iowa (Mr. GRASS- ternal Revenue Code of 1986 to increase olence, dating violence, and stalking. LEY) was added as a cosponsor of S. 204, the credit for employers establishing S. 153 a bill to preserve and protect the free workplace child care facilities, to in- At the request of Mr. BEGICH, the choice of individual employees to form, crease the child care credit to encour- name of the Senator from Connecticut join, or assist labor organizations, or age greater use of quality child care (Mr. MURPHY) was added as a cosponsor to refrain from such activities. services, to provide incentives for stu- of S. 153, a bill to amend section 520J of S. 207 dents to earn child care-related degrees the Public Health Service Act to au- At the request of Mr. INHOFE, the and to work in child care facilities, and thorize grants for mental health first names of the Senator from Tennessee to increase the exclusion for employer- aid training programs. (Mr. ALEXANDER) and the Senator from provided dependent care assistance. S. 157 Wyoming (Mr. ENZI) were added as co- S. 82 At the request of Ms. MURKOWSKI, the sponsors of S. 207, a bill to restrict the sale, lease, transfer, retransfer, or de- At the request of Mr. PAUL, the name name of the Senator from Alaska (Mr. livery of F–16 aircraft, M1 tanks, or of the Senator from Utah (Mr. LEE) was BEGICH) was added as a cosponsor of S. added as a cosponsor of S. 82, a bill to 157, a bill to provide for certain im- certain other defense articles or serv- provide that any executive action in- provements to the Denali National ices to the Government of Egypt. fringing on the Second Amendment has Park and Preserve in the State of Alas- S. RES. 24 no force or effect, and to prohibit the ka, and for other purposes. At the request of Mr. CORNYN, the use of funds for certain purposes. S. 162 name of the Senator from Mississippi (Mr. COCHRAN) was added as a cospon- S. 84 At the request of Mr. FRANKEN, the sor of S. Res. 24, a resolution com- At the request of Ms. MIKULSKI, the name of the Senator from Minnesota memorating the 10-year anniversary of names of the Senator from New York (Ms. KLOBUCHAR) was added as a co- the loss of the Space Shuttle Columbia. (Mr. SCHUMER) and the Senator from sponsor of S. 162, a bill to reauthorize Louisiana (Ms. LANDRIEU) were added and improve the Mentally Ill Offender f as cosponsors of S. 84, a bill to amend Treatment and Crime Reduction Act of STATEMENTS ON INTRODUCED the Fair Labor Standards Act of 1938 to 2004. BILLS AND JOINT RESOLUTIONS provide more effective remedies to vic- S. 177 By Mrs. FEINSTEIN (for herself tims of discrimination in the payment At the request of Mr. CRUZ, the and Mrs. BOXER): of wages on the basis of sex, and for names of the Senator from South Da- S. 208. A bill to require the Federal other purposes. kota (Mr. THUNE) and the Senator from Aviation Administration to prescribe S. 109 South Carolina (Mr. GRAHAM) were regulations to reduce helicopter noise At the request of Mr. VITTER, the added as cosponsors of S. 177, a bill to pollution in residential areas in Los names of the Senator from Alabama repeal the Patient Protection and Af- Angeles County, California; to the (Mr. SESSIONS) and the Senator from fordable Care Act and the Health Care Committee on Commerce, Science, and Iowa (Mr. GRASSLEY) were added as co- and Education Reconciliation Act of Transportation. sponsors of S. 109, a bill to preserve 2010 entirely. Mrs. FEINSTEIN. Mr. President, I open competition and Federal Govern- S. 183 rise to introduce the Los Angeles Resi- ment neutrality towards the labor rela- At the request of Mrs. MCCASKILL, dential Helicopter Noise Relief Act of tions of Federal Government contrac- the names of the Senator from Georgia 2013. tors on Federal and federally funded (Mr. CHAMBLISS) and the Senator from This legislation, which I introduce construction projects. North Carolina (Mr. BURR) were added with Senator BOXER, would require the

VerDate Mar 15 2010 03:05 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S04FE3.REC S04FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 4, 2013 CONGRESSIONAL RECORD — SENATE S471 Federal Aviation Administration to fective regulations to limit the im- (2) Los Angeles County is home to a prescribe regulations for helicopter op- pacts of these helicopters. I introduce uniquely large concentration of scenic, his- erations in the skies above Los Angeles this legislation in order to ensure that toric, entertainment, and transportation in order to reduce helicopter noise pol- the FAA will follow through on the venues, including sight-seeing, movie stu- dios, movie star homes, outdoor entertain- lution in residential areas. regulatory options it plans to evaluate ment facilities, Griffith Park, the Hollywood In addition to addressing noise, the in its May 2013 report. Sign, freeways, and many others, that gen- FAA’s regulations would have to in- This legislation directs the FAA to erate extensive helicopter activity. crease safety, minimize commercial act in the interest of the millions of (3) Los Angeles County is home to the aircraft delays, and exempt first re- Americans in Los Angeles County. I ap- world’s leading civil helicopter manufacturer sponders and military aircraft from preciate the steps the FAA has taken that conducts extensive helicopter oper- their limitations. to date, but only regulations appear ca- ational testing across the region. The bill also would direct the FAA to pable of addressing the quality of life (4) Despite multiple efforts from several consult with local communities and community and homeowner organizations in impact caused by helicopters in Los Los Angeles County to address these disturb- local helicopter operators when devel- Angeles. ances, helicopter traffic in Los Angeles oping the regulations. Last August, thousands of people sat County is not currently regulated by the This legislation is necessary because in the stands of the Hollywood Bowl for Federal Aviation Administration or any today the citizens of Los Angeles Coun- a night of Beethoven. other agency. ty suffer intrusive and disruptive low- Nestled into the Hollywood Hills and (5) At the request of members of Congress, flying helicopter traffic above their with little sign of the Nation’s second the Federal Aviation Administration formed neighborhoods to an unprecedented de- largest city that surrounds it, the Hol- an internal working group in July 2012 to so- gree. lywood Bowl is a unique spot to take in licit input from local communities and stakeholders on helicopter noise and safety The unique terrain of Los Angeles, a concert. issues in Los Angeles County. with its many canyons and valleys, But just as violinist Renaud Capuc¸on (6) As part of that process, several public often concentrates the high decibel stood for a solo, an unidentified heli- meetings were held in the fall and summer of level noise from low-flying helicopters copter flew overhead, drowning out the 2012 that have allowed the Federal Aviation on many of the millions of homes in sound of his music. Administration and stakeholders to hear and the county. It was an upsetting event for the au- better understand the concerns and com- The noise interrupts daily life for Los dience, but it is far from unusual. plaints of affected residents. Angeles County’s residents, drowning The people of Los Angeles have had (7) The Federal Aviation Administration is scheduled to release a report in May 2013 out conversations and disrupting sleep too many wonderful outdoor concerts and other cultural events disrupted by evaluating a full set of voluntary and regu- cycles. latory options to reduce helicopter noise and Despite multiple efforts from several helicopters that fly without restric- address safety issues in Los Angeles County. community and homeowner organiza- tion. (8) The report is expected to explore how tions in Los Angeles County to address Choppers in L.A.’s sky have caused helicopters can be regulated in Los Angeles these disturbances over many years, too many sleepless nights. County in a manner that provides relief to helicopter traffic in Los Angeles Coun- Paparazzi helicopters have too often residents from helicopter noise while also ty is not currently regulated by the flown dangerously low and close to meeting the needs of relevant stakeholders, Federal Aviation Administration or homes in their constant pursuit of ce- including first responders. lebrity images. SEC. 3. REGULATIONS TO REDUCE HELICOPTER any other agency. NOISE POLLUTION IN CERTAIN RESI- As one expert recently explained to The air space above Los Angeles is DENTIAL AREAS. The Los Angeles Times, a helicopter the exclusive jurisdiction of the Fed- (a) RULEMAKING.—Not later than 1 year pilot is free to hover over a person’s eral Aviation Administration, so to after the date of the enactment of this Act, home for as many hours as he would bring some sanity to the skies above the Administrator of the Federal Aviation like. The only limitation on helicopter L.A. requires Federal action, and Fed- Administration shall prescribe regulations hovering, in fact, appears to be fuel eral leadership. for helicopter operations in Los Angeles County, California, that include require- supply. This legislation directs the FAA to provide that leadership necessary to ments relating to the flight paths and alti- Last year, at my request the Senate tudes associated with such operations to re- Appropriations Committee directed the protect the public interest. duce helicopter noise pollution in residential Federal Aviation Administration to I encourage my colleagues to support areas, increase safety, and minimize sched- begin developing solutions to this mat- it, and I look forward to working with uled commercial aircraft delays. ter. my fellow members to enact this im- (b) EXEMPTIONS.—In prescribing regula- In response, the Federal Aviation Ad- portant legislation. tions under subsection (a), the Adminis- ministration formed an internal work- Mr. President, I ask unanimous con- trator shall exempt helicopter operations re- sent that the text of the bill be printed lated to emergency, law enforcement, or ing group in July 2012 to solicit input military activities from the requirements in the RECORD. from local communities and stake- described in that subsection. holders on helicopter noise and safety There being no objection, the text of (c) CONSULTATIONS.—In prescribing regula- issues in Los Angeles County. the bill was ordered to be printed in tions under subsection (a), the Adminis- As part of that process, FAA Re- the RECORD, as follows: trator shall make reasonable efforts to con- gional Administrator Bill Withycombe S. 208 sult with local communities and local heli- hosted several public meetings in the Be it enacted by the Senate and House of Rep- copter operators in order to develop regula- tions that meet the needs of local commu- summer and fall of 2012 that have al- resentatives of the United States of America in Congress assembled, nities, helicopter operators, and the Federal lowed stakeholders and citizens to ex- Aviation Administration. press their concerns and propose solu- SECTION 1. SHORT TITLE. tions. This Act may be cited as the ‘‘Los Angeles Residential Helicopter Noise Relief Act of By Mr. CORKER (for himself and The Federal Aviation Administration 2013’’. Mr. VITTER): will release a report in May 2013 evalu- SEC. 2. FINDINGS. S. 215. A bill to ensure that the Fed- ating a full set of voluntary and regu- Congress finds the following: eral Reserve conducts its policies to latory options to reduce helicopter (1) Residents throughout Los Angeles ensure long-term price stability and a noise and address safety issues in Los County suffer intrusive and disruptive low- low rate of inflation; to the Committee Angeles County. flying helicopter traffic above their neigh- on Banking, Housing, and Urban Af- The study is a necessary first step in borhoods. The unique terrain of canyons and fairs. order to determine how helicopters can valleys that surround residential neighbor- Mr. CORKER. Mr. President, I am be regulated in Los Angeles County in hoods in Los Angeles County often con- here today to introduce the Federal a manner that provides relief to resi- centrate high decibel level noise from the Reserve Mandate Act of 2013 in an ef- low-flying helicopters in and around Los An- dents from helicopter noise and in- geles County residences. The concentrated fort to begin returning our country to crease safety. noise interrupts daily life for many Los An- the right place in monetary policy. But the study is only a first step. It geles County residents by drowning out con- Senator VITTER is joining me in this ef- must be followed by meaningful and ef- versations and disrupting sleep cycles. fort.

VerDate Mar 15 2010 03:05 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S04FE3.REC S04FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S472 CONGRESSIONAL RECORD — SENATE February 4, 2013 The objective of our bill is simple. nificant losses on the assets it pur- This bill recognizes the important Our Central Bank, like other Central chased. Since the Fed is buying these restoration work that must be done to Banks around the world, should be fo- bonds at record low yields, they will restore and protect the iconic San cused on creating an environment of likely sell them down the road at high- Francisco Bay by authorizing $5 mil- price stability. This should be the guid- er yields. I don’t think there is any- lion a year for restoration work be- ing principle of monetary policy deci- body right now who disagrees with that tween 2013 and 2017, and prioritizing sions. probability. funding for projects that will protect This is neither a radical nor a new The effect of this is a permanent in- and restore vital estuarine habitat for idea. Most economists argue that the crease in monetary supplies. This is an migratory waterfowl, shorebirds, and proper role of the Central Bank is to incredibly perverse situation we have wildlife; improve and restore water serve as a lender of last resort in a now locked ourselves into. quality and rearing habitat for fish; time of crisis, to supply payment dis- The employment mandate at the Fed and in turn reinvigorate recreation, tribution and clearing mechanisms, has not always existed. A lot of people tourism, and agricultural activities in and to manage the money supply so believe it has. It was added with the and around the bay. that inflation stays in check. Man- passage of the Humphrey-Hawkins Act I urge my colleagues to join me in aging unemployment is a completely in 1978. Humphrey-Hawkins was passed their support for this measure. separate task and not appropriate for in a moment of self-congratulations, There being no objection, the text of the blunt tools of monetary policy. like a lot of things around here are the bill was ordered to be printed in That is why almost every developed passed. Congress patted itself on the the RECORD, as follows: back for ‘‘ending unemployment.’’ Ob- country’s Central Bank has as its man- S. 224 date the maintenance of price sta- viously, nothing could be further from the truth. The Fed cannot end unem- Be it enacted by the Senate and House of Rep- bility. In other words, we are an resentatives of the United States of America in outlier. ployment by printing money. Congress assembled, This is not to say that a focus on The Central Bank should be tasked with maintaining price stability. We SECTION 1. SHORT TITLE. price stability means the Fed is aban- This Act may be cited as the ‘‘San Fran- doning unemployment. In fact, just the must return to this core principle. This cisco Bay Restoration Act’’. is the reason we are offering this piece opposite is true. Monetary policy can SEC. 2. SAN FRANCISCO BAY RESTORATION and should create an environment of legislation today. GRANT PROGRAM. Title I of the Federal Water Pollution Con- where jobs can grow and thrive by giv- By Mrs. FEINSTEIN (for herself ing the economy certainty that prices trol Act (33 U.S.C. 1251 et seq.) is amended by and Mrs. BOXER): adding at the end the following: will remain stable over the long term. S. 224. A bill to amend the Federal We have strayed a long way from tra- ‘‘SEC. 123. SAN FRANCISCO BAY RESTORATION Water Pollution Control Act to estab- GRANT PROGRAM. ditional Central Bank actions. We have lish a grant program to support the ‘‘(a) DEFINITIONS.—In this section: lost sight of the proper role of mone- restoration of San Francisco Bay; to ‘‘(1) ANNUAL PRIORITY LIST.—The term ‘an- tary policy in our economy. With the Committee on Environment and nual priority list’ means the annual priority roughly $3 trillion in assets—and I Public Works. list compiled under subsection (b). think the Presiding Officer knows that Mrs. FEINSTEIN. Mr. President, I ‘‘(2) COMPREHENSIVE PLAN.—The term ‘com- by the end of this year it is projected rise on behalf of myself and Senator prehensive plan’ means— ‘‘(A) the comprehensive conservation and we will have $4 trillion in assets—sit- BOXER to introduce legislation to fur- ting on the Fed’s balance sheet, there management plan approved under section 320 ther the restoration of the San Fran- for the San Francisco Bay estuary; and is no question that the Fed is dis- cisco Bay. ‘‘(B) any amendments to that plan. torting financial markets with mul- Over the last 150 years, the water ‘‘(3) ESTUARY PARTNERSHIP.—The term ‘Es- tiple rounds of quantitative easing. At quality and health of the San Fran- tuary Partnership’ means the San Francisco a minimum, we have completely lost cisco Bay Estuary have been dimin- Estuary Partnership, the entity that is des- price signals from instruments such as ished by pollution, invasive species, ignated as the management conference under treasuries and mortgage-backed securi- loss of wetland habitat and other fac- section 320. ties. It is likely, however, we are doing tors. The degradation has not only im- ‘‘(b) ANNUAL PRIORITY LIST.— more damage than just that. We may ‘‘(1) IN GENERAL.—After providing public pacted fish and wildlife, but has also notice, the Administrator shall annually be creating asset bubbles elsewhere as reduced the estuary’s ability to sup- compile a priority list identifying and money moves into investments that port important economic activities prioritizing the activities, projects, and stud- are risky. such as commercial and sport fishing, ies intended to be funded with the amounts We are also punishing savers. Pur- shipping, agriculture, recreation, and made available under subsection (c). chasing assets to drive down rates tourism. ‘‘(2) INCLUSIONS.—The annual priority list forces pension funds and retirees to Federal funding in recent years has compiled under paragraph (1) shall include— shift money into asset classes that begun the Bay’s recovery process by in- ‘‘(A) activities, projects, or studies, includ- may not be best for them. We are cre- vesting in projects which improve ing restoration projects and habitat im- ating ‘‘Fed addicts’’ in our markets. provement for fish, waterfowl, and wildlife, water quality and restore critical habi- that advance the goals and objectives of the Equity markets go through cycles tat. These investments, $28 million be- approved comprehensive plan; where they become almost Fed ob- tween 2008 and 2012 by the U.S. Envi- ‘‘(B) information on the activities, sessed. In these environments, good ronmental Protection Agency alone, projects, programs, or studies specified under news is bad for equity markets because were critical to spurring $22 million in subparagraph (A), including a description it means less QE buying. Meanwhile, matching funds and leveraging $81 mil- of— bad economic news is good for markets lion from other partners. But much ‘‘(i) the identities of the financial assist- because it means more easy money is work remains. ance recipients; and on the way. Now we risk the perils of That is why I am pleased to intro- ‘‘(ii) the communities to be served; and ‘‘(C) the criteria and methods established unwinding this policy. duce the San Francisco Bay Restora- by the Administrator for selection of activi- Economists are beginning to discuss tion Act with Senator BOXER, Chair- ties, projects, and studies. the likelihood that the Fed will take woman of the Senate Environment and ‘‘(3) CONSULTATION.—In developing the pri- significant losses on assets it has pur- Public Works Committee. Companion ority list under paragraph (1), the Adminis- chased. We just had one of the Fed legislation will also be introduced in trator shall consult with and consider the Governors in our office last week shar- the U.S. House of Representatives by recommendations of— ing with us that as we begin unwinding Congresswoman JACKIE SPEIER. ‘‘(A) the Estuary Partnership; these balance sheets, it is very likely, This bill was first introduced in the ‘‘(B) the State of California and affected as the Presiding Officer can imagine, 112th Congress. The Senate Committee local governments in the San Francisco Bay estuary watershed; and as interest rates go up and the Fed be- on Environment and Public Works re- ‘‘(C) any other relevant stakeholder in- gins to buy these securities, we are ported favorably on the bill and rec- volved with the protection and restoration of going to lose money on those assets. So ommended its passage on January 26, the San Francisco Bay estuary that the Ad- it is likely the Fed is going to take sig- 2012. ministrator determines to be appropriate.

VerDate Mar 15 2010 03:05 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S04FE3.REC S04FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 4, 2013 CONGRESSIONAL RECORD — SENATE S473 ‘‘(c) GRANT PROGRAM.— try bravely and the National Parks appropriate time to conduct research and in- ‘‘(1) IN GENERAL.—Pursuant to section 320, they worked to establish are part of crease public awareness of the stewardship the Administrator may provide funding the legacy they leave behind. Unfortu- role the Buffalo Soldiers played in the early through cooperative agreements, grants, or nately, this unique aspect of their his- years of the National Parks. other means to State and local agencies, spe- (b) PURPOSE.—The purpose of this Act is to cial districts, and public or nonprofit agen- tory is neither widely recognized nor authorize a study to determine the most ef- cies, institutions, and organizations, includ- remembered. This legislation would ad- fective ways to increase understanding and ing the Estuary Partnership, for activities, dress that by authorizing a study to de- public awareness of the critical role that the studies, or projects identified on the annual termine the most appropriate way to Buffalo Soldiers played in the early years of priority list. memorialize the Buffalo Soldiers. the National Parks. ‘‘(2) MAXIMUM AMOUNT OF GRANTS; NON-FED- The study would evaluate the suit- SEC. 3. STUDY. ERAL SHARE.— ability and feasibility of establishing a (a) IN GENERAL.—The Secretary of the In- ‘‘(A) MAXIMUM AMOUNT OF GRANTS.— national historic trail commemorating terior shall conduct a study of alternatives Amounts provided to any individual or enti- the route traveled by the Buffalo Sol- for commemorating and interpreting the ty under this section for a fiscal year shall role of the Buffalo Soldiers in the early years not exceed an amount equal to 75 percent of diers from their post in the Presidio of of the National Parks. the total cost of any eligible activities that San Francisco to Sequoia and Yosem- (b) CONTENTS OF STUDY.—The study shall are to be carried out using those amounts. ite National Parks and to any other include— ‘‘(B) NON-FEDERAL SHARE.—The non-Fed- National Parks where they may have (1) a historical assessment, based on exten- eral share of the total cost of any eligible ac- served. sive research, of the Buffalo Soldiers who tivities that are carried out using amounts The bill will identify properties asso- served in National Parks in the years prior provided under this section shall be— ciated with the Buffalo Soldiers that to the establishment of the National Park ‘‘(i) not less than 25 percent; and could be added to the National Register Service; ‘‘(ii) provided from non-Federal sources. of Historic Places. (2) an evaluation of the suitability and fea- ‘‘(d) FUNDING.— sibility of establishing a national historic ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— The bill will develop educational ini- trail commemorating the route traveled by There is authorized to be appropriated to the tiatives and a public awareness cam- the Buffalo Soldiers from their post in the Administrator to carry out this section paign about the contribution of Afri- Presidio of San Francisco to Sequoia and Yo- $5,000,000 for each of fiscal years 2013 through can-American soldiers after the Civil semite National Parks and to any other Na- 2017. War. tional Parks where they may have served; ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the Although the experiences of the Buf- (3) the identification of properties that amount made available to carry out this sec- falo Soldiers are an important piece of could meet criteria for listing in the Na- tion for a fiscal year, the Administrator our national history, we are in danger tional Register of Historic Places or criteria shall use not more than 5 percent to pay ad- of losing their legacy to the passage of for designation as National Historic Land- ministrative expenses incurred in carrying marks; out this section. time unless we take conscious steps to (4) an evaluation of appropriate ways to ‘‘(3) RELATIONSHIP TO OTHER FUNDING.— preserve the memory. This legislation enhance historical research, education, in- Nothing in this section limits the eligibility works to ensure that the contributions terpretation, and public awareness of the of the Estuary Partnership to receive fund- of the Buffalo Soldiers will be remem- story of the Buffalo Soldiers’ stewardship ing under section 320(g). bered and shared by all. role in the National Parks, including ways to ‘‘(4) PROHIBITION.—No amounts made avail- Furthermore, as the centennial of link the story to the development of Na- able under subsection (c) may be used for the the National Park Service in 2016 ap- tional Parks and the story of African-Amer- administration of a management conference proaches, it is an especially appro- ican military service following the Civil under section 320.’’. priate time to conduct research and in- War; and (5) any other matters that the Secretary of By Mrs. FEINSTEIN (for herself crease public awareness of the steward- the Interior deems appropriate for this and Mrs. BOXER): ship role the Buffalo Soldiers played in study. S. 225. A bill to authorize the Sec- the early years of the National Parks. (c) REPORT.—Not later than 3 years after retary of the Interior to conduct a I urge my colleagues to join me in funds are made available for the study, the study of alternatives for commemo- their support for this measure. Secretary of the Interior shall submit to the rating and interpreting the role of the Mr. President, I ask unanimous con- Committee on Natural Resources of the sent that the text of the bill be printed House of Representatives and the Committee Buffalo Soldiers in the early years of on Energy and Natural Resources of the Sen- the National Parks, and for other pur- in the RECORD. There being no objection, the text of ate a report containing the study’s findings poses; to the Committee on Energy and and recommendations. Natural Resources. the bill was ordered to be printed in Mrs. FEINSTEIN. Mr. President, I the RECORD, as follows: By Mrs. FEINSTEIN (for herself rise today on behalf of myself and Sen- S. 225 and Mrs. BOXER): ator BOXER to introduce the Buffalo Be it enacted by the Senate and House of Rep- S. 228. A bill to establish the Sac- Soldiers in the National Parks Study resentatives of the United States of America in ramento-San Joaquin Delta National Act. This legislation is an important Congress assembled, Heritage Area; to the Committee on step in preserving the legacy of the SECTION 1. SHORT TITLE. Energy and Natural Resources. This Act may be cited as the ‘‘Buffalo Sol- Army’s first all-black infantry and cav- diers in the National Parks Study Act’’. Mrs. FEINSTEIN. Mr. President, I rise on behalf of myself and Senator alry units and their unique role in the SEC. 2. FINDINGS AND PURPOSE. creation of our National Park system. (a) FINDINGS.—The Congress finds the fol- BOXER to introduce legislation to es- The Buffalo Soldiers served bravely lowing: tablish a National Heritage Area in the in campaigns both at home and abroad (1) In the late 19th century and early 20th California Sacramento-San Joaquin before being stationed at the military century, African-American troops who came Delta. This legislation will create the Presidio in San Francisco and being to be known as the Buffalo Soldiers served in first Heritage Area in California. given charge of patrolling the National many critical roles in the western United This bill was first introduced in Jan- Park system. Although first tasked States, including protecting some of the first uary 2011 during the 112th Congress and National Parks. received a hearing in the Senate Com- with taming the frontier, these troops (2) Based at the Presidio in San Francisco, also took on the responsibility of pre- Buffalo Soldiers were assigned to Sequoia mittee on Energy and Natural Re- serving that wilderness for future gen- and Yosemite National Parks where they pa- sources Subcommittee on National erations. Each summer, Buffalo Soldier trolled the backcountry, built trails, stopped Parks. Since then, the Delta Protec- regiments traveled roughly 320 miles poaching, and otherwise served in the roles tion Commission has completed a feasi- from San Francisco to either Sequoia later assumed by National Park rangers. bility study, as required, and endorsed or Yosemite National Park, where they (3) The public would benefit from having the legislation. Additionally, the Na- patrolled the parks for poachers and opportunities to learn more about the Buf- tional Park Service has confirmed that falo Soldiers in the National Parks and their the study is consistent with the agen- loggers, built trails, and escorted visi- contributions to the management of Na- tors. They were, in essence if not in tional Parks and the legacy of African-Amer- cy’s interim National Heritage Area name, the nation’s first park rangers. icans in the post-Civil War era. Feasibility Study Guidelines. In a time of segregation and adver- (4) As the centennial of the National Park I was pleased to have had the oppor- sity, these soldiers served their coun- Service in 2016 approaches, it is an especially tunity to work with Senator BOXER,

VerDate Mar 15 2010 03:05 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S04FE3.REC S04FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S474 CONGRESSIONAL RECORD — SENATE February 4, 2013 Representative JOHN GARAMENDI, and gated agricultural land elsewhere in tion of 2009, which called for a Heritage the County Supervisors from the five the State. designation for the Delta. Delta Counties to develop this legisla- Before the Delta was reclaimed for This legislation authorizes the cre- tion and look forward to continuing to farmland in the 19th Century, the ation of the Delta Heritage Area and partner with them as well as local, Delta flooded regularly with snow melt Federal assistance to the Delta Protec- State and Federal agencies to care for each spring, and provided the rich envi- tion Commission in implementing the and improve the Delta. ronment that, by 1492, supported the Area. This legislation is just a small This bill will establish the Sac- largest settlement of Native Americans part of the commitment the Federal ramento-San Joaquin Delta as a Na- in North America. Government must make to the Delta. I tional Heritage Area. The Delta was the gateway to the look forward to continuing to work The Delta Protection Commission, gold fields in 1849, after which Chinese with my colleagues at every level of created by California law and respon- workers built hundreds of miles of lev- government to restore and sustain the sible to the citizens of the Delta and ees throughout the waterways of the ecosystem in the Delta, to provide for California, will manage the Heritage Delta to make its rich peat soils avail- reliable water supply in the State of Area. It will ensure an open and public able for farming and to control flood- California, to recover the native spe- process, working with all levels of Fed- ing. cies of the Delta, protect communities eral, State, and local government, Japanese, Italians, German, Por- in the Delta from flood risk, ensure tribes, local stakeholders, and private tuguese, Dutch, Greeks, South Asians economic sustainability in the Delta, property owners as it develops and im- and other immigrants began the farm- improve water quality in the Delta, plements the management plan for the ing legacy, and developed technologies and sustain the unique cultural, histor- Heritage Area. The goal is to conserve specifically adapted to the unique envi- ical, recreational, agricultural and eco- and protect the Delta, its communities, ronment, including the Caterpillar nomic values of the Delta. its resources, and its history. Tractor, which later contributed to ag- The National Heritage Area designa- It is also important to understand riculture and transportation inter- tion for the Sacramento-San Joaquin what this legislation will not do. nationally. Delta will help local governments de- It will not affect water rights. Delta communities created a river velop and implement a plan for a sus- It will not affect water contracts. culture befitting their dependence on tainable future by providing Federal It will not affect private property. water transport, a culture which has recognition, technical assistance and Nothing in this bill gives any govern- attracted the attention of authors from small amounts of funding to a commu- mental agency any more regulatory Mark Twain and Jack London to Joan nity-based process already underway. power than it already has, nor does it Didion. Through the Delta Heritage Area, take away regulatory from agencies The Delta is in crisis due to many local communities and citizens will that have it. factors, including invasive species, partner with Federal, State and local In short, this bill does not affect urban and agricultural run-off, waste- governments to collaboratively work water rights or water contracts, nor water discharges, channelization, to promote conservation, community does it impose any additional respon- dredging, water export operations, and revitalization, and economic develop- sibilities on local government or resi- other stressors. ment projects. dents. Instead, it authorizes Federal Many of the islands of the Delta are Mr. President, I ask unanimous con- assistance to a local process already re- between 10 and 20 feet below sea level, sent that the text of the bill be printed quired by State law that will elevate and the levee system is presently inad- in the RECORD. the Delta, providing a means to con- equate to provide reliable flood protec- There being no objection, the text of serve and protect its valued commu- tion for historic communities, signifi- the bill was ordered to be printed in nities, resources, and history. cant habitats, agricultural enterprises, the RECORD, as follows: The Sacramento-San Joaquin Delta water resources, transportation and S. 228 is the largest estuary on the West other infrastructure. Be it enacted by the Senate and House of Rep- Coast. It is the most extensive inland Existing levees have not been engi- resentatives of the United States of America in delta in the world, and a unique na- neered to withstand earthquakes. Congress assembled, tional treasure. Should levees fail for any reason, a SECTION 1. SHORT TITLE. Today, it is a labyrinth of sloughs, rush of seawater into the interior of This Act may be cited as the ‘‘Sacramento- wetlands, and deepwater channels that San Joaquin Delta National Heritage Area the Delta could damage the already Establishment Act’’. connect the waters of the high Sierra fragile ecosystem, contaminate drink- SEC. 2. DEFINITIONS. mountain streams to the Pacific Ocean ing water for many Californians, flood In this Act: through the San Francisco Bay. Its ap- agricultural land, inundate towns, and (1) HERITAGE AREA.—The term ‘‘Heritage proximately 60 islands are protected by damage roads, power lines, and water Area’’ means the Sacramento-San Joaquin 1,100 miles of levees, and are home to project infrastructure. Delta Heritage Area established by section 3,500,000 residents, including 2,500 fam- The State of California has been 3(a). ily farmers. The Delta and its farmers working for decades on a resolution to (2) HERITAGE AREA MANAGEMENT PLAN.— produce some of the highest quality the water supply and ecosystem crisis The term ‘‘Heritage Area management plan’’ means the plan developed and adopted by the specialty crops in the United States. in the State, and has a long history of management entity under this Act. The Delta offers recreational oppor- partnerships with Federal agencies, (3) MANAGEMENT ENTITY.—The term ‘‘man- tunities to the two million Californians working together to resolve challenges agement entity’’ means the management en- who visit the Delta each year for boat- to the Delta’s historic communities, tity for the Heritage Area designated by sec- ing, fishing, hunting, visiting historic ecosystem and the water it supplies so tion 3(d). sites, and viewing wildlife. It provides many Californians. (4) SECRETARY.—The term ‘‘Secretary’’ habitat for more than 750 species of The Delta Protection Commission, means the Secretary of the Interior. plants and wildlife. These include sand established under State law, has been (5) STATE.—The term ‘‘State’’ means the hill cranes that migrate to the Delta tasked by the California State Legisla- State of California. SEC. 3. SACRAMENTO-SAN JOAQUIN DELTA HER- wetland from places as far away as Si- ture with providing a forum for Delta ITAGE AREA. beria. The Delta also provides habitat residents to engage in decisions regard- (a) ESTABLISHMENT.—There is established for 55 species of fish, including Chinook ing actions to recognize and enhance the ‘‘Sacramento-San Joaquin Delta Herit- salmon—some as large as 60 pounds— the unique cultural, recreational, agri- age Area’’ in the State. that return each year to travel through cultural resources, infrastructure and (b) BOUNDARIES.—The boundaries of the the Delta to spawn in the tributaries. legacy communities of the Delta and to Heritage Area shall be in the counties of These same waterways also channel Contra Costa, Sacramento, San Joaquin, So- serve as the facilitating agency for the lano, and Yolo in the State of California, as fresh water to the Federal and State- implementation of a National Heritage generally depicted on the map entitled ‘‘Sac- owned pumps in the South Delta that Area in the Delta. ramento-San Joaquin Delta National Herit- provide water to 23 million Califor- This legislation will complement the age Area Proposed Boundary’’, numbered nians and three million acres of irri- broadly supported State Water Legisla- T27/105,030, and dated September 2010.

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(c) AVAILABILITY OF MAP.—The map de- receiving the funds make available to the cluding the Delta Stewardship Council, spe- scribed in subsection (b) shall be on file and Secretary for audit all records concerning cial districts, natural and historical resource available for public inspection in the appro- the expenditure of the funds; and protection and agricultural organizations, priate offices of the National Park Service (F) encourage by appropriate means eco- educational institutions, businesses, rec- and the Delta Protection Commission. nomic viability that is consistent with the reational organizations, community resi- (d) MANAGEMENT ENTITY.—The manage- Heritage Area. dents, and private property owners; and ment entity for the Heritage Area shall be (3) PROHIBITION ON THE ACQUISITION OF REAL (B) not be approved until the Secretary has the Delta Protection Commission estab- PROPERTY.—The management entity shall received certification from the Delta Protec- lished by section 29735 of the California Pub- not use Federal funds made available under tion Commission that the Delta Stewardship lic Resources Code. this Act to acquire real property or any in- Council has reviewed the Heritage Area man- (e) ADMINISTRATION.— terest in real property. agement plan for consistency with the plan (1) AUTHORITIES.—For purposes of carrying (4) COST-SHARING REQUIREMENT.—The Fed- adopted by the Delta Stewardship Council out the Heritage Area management plan, the eral share of the cost of any activity carried pursuant to State law. Secretary, acting through the management out using any assistance made available (4) DEADLINE.—If a proposed Heritage Area entity, may use amounts made available under this Act shall be 50 percent. management plan is not submitted to the under this Act to— (f) HERITAGE AREA MANAGEMENT PLAN.— Secretary by the date that is 3 years after (A) make grants to the State or a political (1) IN GENERAL.—Not later than 3 years the date of enactment of this Act, the man- subdivision of the State, nonprofit organiza- after the date of enactment of this Act, the agement entity shall be ineligible to receive tions, and other persons; management entity shall submit to the Sec- additional funding under this Act until the (B) enter into cooperative agreements retary for approval a proposed Heritage Area date that the Secretary receives and ap- with, or provide technical assistance to, the management plan. proves the Heritage Area management plan. State or a political subdivision of the State, (2) REQUIREMENTS.—The Heritage Area (5) APPROVAL OR DISAPPROVAL OF HERITAGE nonprofit organizations, and other interested management plan shall— AREA MANAGEMENT PLAN.— parties; (A) incorporate an integrated and coopera- (A) IN GENERAL.—Not later than 180 days (C) hire and compensate staff, which shall tive approach to agricultural resources and after the date of receipt of the Heritage Area include individuals with expertise in natural, activities, flood protection facilities, and management plan under paragraph (1), the cultural, and historical resources protection, other public infrastructure; Secretary, in consultation with the State, and heritage programming; (B) emphasizes the importance of the re- shall approve or disapprove the Heritage (D) obtain money or services from any sources described in subparagraph (A); Area management plan. source including any that are provided under (C) take into consideration State and local (B) CRITERIA FOR APPROVAL.—In deter- any other Federal law or program; plans; mining whether to approve the Heritage (E) contract for goods or services; and (D) include— Area management plan, the Secretary shall (F) undertake to be a catalyst for any (i) an inventory of— consider whether— other activity that furthers the Heritage (I) the resources located in the core area (i) the management entity is representa- Area and is consistent with the approved described in subsection (b); and tive of the diverse interests of the Heritage Heritage Area management plan. (II) any other property in the core area Area, including governments, natural and (2) DUTIES.—The management entity that— historic resource protection organizations, shall— (aa) is related to the themes of the Herit- educational institutions, businesses, and rec- (A) in accordance with subsection (f), pre- age Area; and reational organizations; pare and submit a Heritage Area manage- (bb) should be preserved, restored, man- (ii) the management entity has afforded ment plan to the Secretary; aged, or maintained because of the signifi- adequate opportunity, including public hear- (B) assist units of local government, re- cance of the property; ings, for public and governmental involve- gional planning organizations, and nonprofit (ii) comprehensive policies, strategies and ment in the preparation of the Heritage Area organizations in carrying out the approved recommendations for conservation, funding, management plan; and Heritage Area management plan by— management, and development of the Herit- (iii) the resource protection and interpre- (i) carrying out programs and projects that age Area; tation strategies contained in the Heritage recognize, protect, and enhance important (iii) a description of actions that govern- Area management plan, if implemented, resource values in the Heritage Area; ments, private organizations, and individuals would adequately protect the natural, his- (ii) establishing and maintaining interpre- have agreed to take to protect the natural, torical, and cultural resources of the Herit- tive exhibits and programs in the Heritage historical and cultural resources of the Her- age Area. Area; itage Area; (C) ACTION FOLLOWING DISAPPROVAL.—If the (iii) developing recreational and edu- (iv) a program of implementation for the Secretary disapproves the Heritage Area cational opportunities in the Heritage Area; Heritage Area management plan by the man- management plan under subparagraph (A), (iv) increasing public awareness of, and ap- agement entity that includes a description the Secretary shall— preciation for, natural, historical, scenic, of— (i) advise the management entity in writ- and cultural resources of the Heritage Area; (I) actions to facilitate ongoing collabora- ing of the reasons for the disapproval; (v) protecting and restoring historic sites tion among partners to promote plans for re- (ii) make recommendations for revisions to and buildings in the Heritage Area that are source protection, restoration, and construc- the Heritage Area management plan; and consistent with Heritage Area themes; tion; and (iii) not later than 180 days after the re- (vi) ensuring that clear, consistent, and ap- (II) specific commitments for implementa- ceipt of any proposed revision of the Herit- propriate signs identifying points of public tion that have been made by the manage- age Area management plan from the man- access, and sites of interest are posted ment entity or any government, organiza- agement entity, approve or disapprove the throughout the Heritage Area; and tion, or individual for the first 5 years of op- proposed revision. (vii) promoting a wide range of partner- eration; (D) AMENDMENTS.— ships among governments, organizations, (v) the identification of sources of funding (i) IN GENERAL.—The Secretary shall ap- and individuals to further the Heritage Area; for carrying out the Heritage Area manage- prove or disapprove each amendment to the (C) consider the interests of diverse units ment plan; Heritage Area management plan that the of government, businesses, organizations, (vi) analysis and recommendations for Secretary determines make a substantial and individuals in the Heritage Area in the means by which local, State, and Federal change to the Heritage Area management preparation and implementation of the Her- programs, including the role of the National plan. itage Area management plan; Park Service in the Heritage Area, may best (ii) USE OF FUNDS.—The management enti- (D) conduct meetings open to the public at be coordinated to carry out this Act; and ty shall not use Federal funds authorized by least semiannually regarding the develop- (vii) an interpretive plan for the Heritage this Act to carry out any amendments to the ment and implementation of the Heritage Area; and Heritage Area management plan until the Area management plan; (E) recommend policies and strategies for Secretary has approved the amendments. (E) for any year that Federal funds have resource management that consider and de- (g) RELATIONSHIP TO OTHER FEDERAL AGEN- been received under this Act— tail the application of appropriate land and CIES.— (i) submit an annual report to the Sec- water management techniques, including the (1) IN GENERAL.—Nothing in this Act af- retary that describes the activities, ex- development of intergovernmental and inter- fects the authority of a Federal agency to penses, and income of the management enti- agency cooperative agreements to protect provide technical or financial assistance ty (including grants to any other entities the natural, historical, cultural, educational, under any other law. during the year that the report is made); scenic, and recreational resources of the Her- (2) CONSULTATION AND COORDINATION.—The (ii) make available to the Secretary for itage Area. head of any Federal agency planning to con- audit all records relating to the expenditure (3) RESTRICTIONS.—The Heritage Area man- duct activities that may have an impact on of the funds and any matching funds; agement plan submitted under this sub- the Heritage Area is encouraged to consult (iii) require, with respect to all agreements section shall— and coordinate the activities with the Sec- authorizing expenditure of Federal funds by (A) ensure participation by appropriate retary and the management entity to the other organizations, that the organizations Federal, State, tribal, and local agencies, in- maximum extent practicable.

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However, those this Act— analysis of— wishing to submit written testimony (A) modifies, alters, or amends any law or (i) ways in which Federal funding for the for the hearing record may do so by regulation authorizing a Federal agency to Heritage Area may be reduced or eliminated; sending it to the Committee on Energy manage Federal land under the jurisdiction and of the Federal agency; (ii) the appropriate time period necessary and Natural Resources, United States (B) limits the discretion of a Federal land to achieve the recommended reduction or Senate, Washington, DC. 20510–6150, or manager to implement an approved land use elimination. by e-mail to lauren_goldschmidt@ plan within the boundaries of the Heritage (C) SUBMISSION TO CONGRESS.—On comple- energy.senate.gov. Area; or tion of the report, the Secretary shall sub- For further information, please con- (C) modifies, alters, or amends any author- mit the report to— tact Todd Wooten at (202) 224–4971 or ized use of Federal land under the jurisdic- (i) the Committee on Energy and Natural Lauren Goldschmidt at (202) 224–5488. tion of a Federal agency. Resources of the Senate; and (h) PRIVATE PROPERTY AND REGULATORY (ii) the Committee on Natural Resources of f PROTECTIONS.— the House of Representatives. EMBASSY SECURITY FUNDS (1) IN GENERAL.—Subject to paragraph (2), (j) EFFECT OF DESIGNATION.—Nothing in TRANSFER ACT OF 2013 nothing in this Act— this Act— (A) abridges the rights of any property (1) precludes the management entity from Mr. BLUMENTHAL. Mr. President, I owner (whether public or private), including using Federal funds made available under ask unanimous consent that the Sen- the right to refrain from participating in any other laws for the purposes for which those ate proceed to the consideration of S. plan, project, program, or activity conducted funds were authorized; or 227, introduced earlier today. within the Heritage Area; (2) affects any water rights or contracts. (B) requires any property owner to permit The PRESIDING OFFICER. The SEC. 4. AUTHORIZATION OF APPROPRIATIONS. public access (including access by Federal, clerk will report the bill by title. (a) IN GENERAL.—There is authorized to be State, or local agencies) to the property of The assistant legislative clerk read appropriated to carry out this Act $10,000,000, the property owner, or to modify public ac- as follows: of which not more than $1,000,000 may be cess or use of property of the property owner made available for any fiscal year. A bill (S. 227) to authorize the transfer of under any other Federal, State, or local law; (b) COST-SHARING REQUIREMENT.—The Fed- certain funds to improve security at United (C) alters any duly adopted land use regu- eral share of the total cost of any activity States embassies and other diplomatic facili- lation, approved land use plan, or other regu- under this Act shall be determined by the ties worldwide, and for other purposes. latory authority of any Federal, State or Secretary, but shall be not more than 50 per- There being no objection, the Senate local agency, or conveys any land use or cent. other regulatory authority to the manage- proceeded to consider the bill. (c) NON-FEDERAL SHARE.—The non-Federal ment entity; S. 227 share of the total cost of any activity under (D) authorizes or implies the reservation or this Act may be in the form of in-kind con- Mr. LEAHY. Today I am pleased the appropriation of water or water rights; Senate will pass the bipartisan Em- (E) diminishes the authority of the State tributions of goods or services. SEC. 5. TERMINATION OF AUTHORITY. bassy Security Funds Transfer Act of to manage fish and wildlife, including the 2013. This commonsense legislation will regulation of fishing and hunting within the (a) IN GENERAL.—If a proposed Heritage Heritage Area; or Area management plan has not been sub- enact a provision similar to one passed (F) creates any liability, or affects any li- mitted to the Secretary by the date that is overwhelmingly by the Senate last De- ability under any other law, of any private 5 years after the date of enactment of this cember as part of the Sandy Supple- property owner with respect to any person Act, the Heritage Area designation shall be mental but that was stripped out by injured on the private property. rescinded. House Republicans. (2) OPT OUT.—An owner of private property (b) FUNDING AUTHORITY.—The authority of This bill simply provides authority the Secretary to provide assistance under within the Heritage Area may opt out of par- to the State Department to transfer up ticipating in any plan, project, program, or this Act terminates on the date that is 15 activity carried out within the Heritage years after the date of enactment of this to $1.1 billion in overseas contingency Area under this Act, if the property owner Act. operations funds appropriated in Fiscal provides written notice to the management f Year 2012 for operations in Iraq, which entity. are no longer needed due to reduced (i) EVALUATION; REPORT.— NOTICES OF HEARINGS State operations there, to be used for (1) IN GENERAL.—Not later than 3 years be- COMMITTEE ON HEALTH, EDUCATION, LABOR, increased security at U.S. embassies fore the date on which authority for Federal AND PENSIONS and other overseas posts identified in funding terminates for the Heritage Area, Mr. HARKIN. Mr. President, I wish to the Department’s security review after the Secretary shall— (A) conduct an evaluation of the accom- announce that the Committee on the terrorist attack in Benghazi. plishments of the Heritage Area; and Health, Education, Labor, and Pen- Making such resources available for (B) prepare a report in accordance with sions will meet in open session on these purposes is one of the rec- paragraph (3). Thursday, February 7, 2013, at 10:00 ommendations of the Accountability (2) EVALUATION.—An evaluation conducted a.m. in room 216 of the Hart Senate Of- Review Board chaired by Ambassador under paragraph (1)(A) shall— fice Building to conduct a hearing enti- Pickering and Admiral Mullen. The bill (A) assess the progress of the management tled ‘‘No Child Left Behind: Early Les- permits the transfer of funds between entity with respect to— sons from State Flexibility Waivers.’’ the diplomatic and consular programs (i) accomplishing the purposes of this Act For further information regarding for the Heritage Area; and and embassy security construction and (ii) achieving the goals and objectives of this meeting, please contact Leanne maintenance accounts. Such transfers the approved Heritage Area management Hotek of the committee staff on (202) would otherwise be precluded due to plan; 228–6685. percentage limitations. (B) analyze the Federal, State, local, and COMMITTEE ON ENERGY AND NATURAL To be clear, this legislation appro- private investments in the Heritage Area to RESOURCES priates no additional funds. It costs the determine the leverage and impact of the in- Mr. WYDEN. Mr. President, I would taxpayers no additional money. It has vestments; and like to announce for the information of no scoring impact. It merely allows for (C) review the management structure, partnership relationships, and funding of the the Senate and the public that a hear- the transfer of existing, appropriated Heritage Area for purposes of identifying the ing has been scheduled before the Sen- funds for this critical purpose. There is critical components for sustainability of the ate Committee on Energy and Natural nothing controversial about this bill. Heritage Area. Resources. The hearing will be held on We all want to do what we can to pre- (3) REPORT.— Tuesday, February 12, 2013, at 10:00 vent another tragedy like what oc- (A) IN GENERAL.—Based on the evaluation a.m., in room SD–366 of the Dirksen curred in Benghazi. The State Depart- conducted under paragraph (1)(A), the Sec- Senate Office Building. ment has done a review, and these retary shall prepare a report that includes The purpose of this hearing is to ex- funds will be used to expedite construc- recommendations for the future role of the plore opportunities and challenges as- tion of Marine security guard posts at National Park Service, if any, with respect to the Heritage Area. sociated with America’s natural gas re- overseas facilities and for the construc- (B) REQUIRED ANALYSIS.—If the report pre- sources. tion of other secure embassies. While it pared under subparagraph (A) recommends Because of the limited time available is impossible to guarantee the safety of that Federal funding for the Heritage Area for the hearing, witnesses may testify our diplomats and aid workers, many

VerDate Mar 15 2010 03:05 Sep 25, 2013 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\FEB2013\S04FE3.REC S04FE3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE February 4, 2013 CONGRESSIONAL RECORD — SENATE S477 of whom risk their lives daily in dan- means placing more emphasis on in- APPOINTMENTS gerous places, we should protect them volvement in security by the Defense The PRESIDING OFFICER. The as best we can so they can carry out Department, but it also means assess- Chair, on behalf of the majority leader, their duties as safely as possible. ing whether our diplomacy in the most pursuant to Public Law 112–240, ap- As I mentioned, the Senate approved dangerous areas of the world is better points the following as members of the a similar provision last December, done from afar. Commission on Long-Term Care: Dr. overwhelmingly, by voice vote. I thank Mr. BLUMENTHAL. Mr. President, I Javaid Anwar of Nevada, Laphonza Chairwoman MIKULSKI, Senator GRA- ask unanimous consent that the bill be Butler of California, and Judith Feder HAM, and the other cosponsors for sup- read three times and passed, and the of Virginia. porting this bill and for helping to ex- motion to reconsider be laid upon the pedite its consideration. I am confident table, with no intervening action or de- f that the chairwoman and ranking bate. member of the House State and For- The PRESIDING OFFICER. Without ORDERS FOR THURSDAY, eign Operations Subcommittee share objection, it is so ordered. FEBRUARY 7, 2013 our view that this is an appropriate use The bill (S. 227) was ordered to a Mr. BLUMENTHAL. Mr. President, I of these funds. I hope the House will third reading, was read the third time, ask unanimous consent that when the act quickly to send this bill to the and passed, as follows: Senate completes its business today, it President. S. 228 adjourn until 9:30 a.m. on Thursday, Mr. PAUL. Mr. President, as a co- Be it enacted by the Senate and House of Rep- February 7, 2013; that following the sponsor of this important legislation, I resentatives of the United States of America in prayer and pledge, the morning hour be am pleased the Senate will pass this Congress assembled, deemed expired, the Journal of pro- bill and once again provide for stronger SECTION 1. SHORT TITLE. ceedings be approved to date, and the security at our diplomatic facilities. This Act may be cited as the ‘‘Embassy Se- time for the two leaders be reserved for Numerous reports have documented curity Funds Transfer Act of 2013’’. their use later in the day; that fol- the security failures that resulted in SEC. 2. TRANSFER OF CERTAIN FUNDS FOR IM- lowing any leader remarks, the Senate the tragic deaths of four Americans at PROVEMENT OF SECURITY AT resume consideration of S. 47, the Vio- the consulate in Benghazi. Both the UNITED STATES EMBASSIES AND lence Against Women Act, with the Administrative Review Board and the OTHER DIPLOMATIC FACILITIES WORLDWIDE. time until noon equally divided and report of the Senate Homeland Secu- (a) TRANSFER AUTHORITY.—Funds appro- controlled between the two leaders or rity Committee found that inexcusable priated by title VIII of the Department of their designees. failures of judgment led State Depart- State, Foreign Operations, and Related Pro- The PRESIDING OFFICER. Without ment decisionmakers to ignore the ris- grams Appropriations Act of 2012 (division I objection, it is so ordered. ing threat levels in Benghazi and the of Public Law 112–74; 125 Stat. 1265) under the headings ‘‘DIPLOMATIC AND CONSULAR PRO- repeated requests for enhanced secu- f rity at the site. Marine Security GRAMS’’ and ‘‘EMBASSY SECURITY, CONSTRUC- TION, AND MAINTENANCE’’ may be transferred Guards were not on site to protect our between such headings. PROGRAM consulate in one of the most dangerous (b) AVAILABILITY.— Mr. BLUMENTHAL. Mr. President, and unstable regions in the world. The (1) IN GENERAL.—Any funds transferred to a at noon on Thursday, Senator-des- failures of management that led to heading under subsection (a) shall be merged ignate Cowan will be sworn in. these decisions are reprehensible; the with funds in the heading to which trans- We hope to reach an agreement to lapses in judgment indefensible. It is ferred, and shall, except as provided in para- graph (2), be available subject to the same complete action on the Violence beyond my comprehension why the in- Against Women Act on Thursday. dividuals whose poor decisionmaking terms and conditions as the funds with which merged. directly resulted in the deaths of four f (2) DURATION OF AVAILABILITY.—Any funds Americans remain employed by the transferred under subsection (a) shall be State Department, and compensated by available for the same period for which such ADJOURNMENT UNTIL THURSDAY, the U.S. taxpayers. funds were originally appropriated. FEBRUARY 7, 2013 AT 9:30 A.M. One of the most troubling aspects of (c) NOTIFICATION PROCEDURES.—Any trans- Mr. BLUMENTHAL. Mr. President, if the Benghazi attack is the complete fer of funds under subsection (a) shall be sub- there is no further business to come be- ject to the regular notification procedures of disregard that State Department lead- fore the Senate, I ask that it adjourn ership gave to the repeated requests for the Committees on Appropriations of the Senate and the House of Representatives. under the previous order. enhanced security from Ambassador There being no objection, the Senate, Christopher Stevens. Should funding f at 6:41 p.m., adjourned until Thursday, have been an issue, the State Depart- February 7, 2013, at 9:30 a.m. ment always has the option available MEASURE READ THE FIRST to come to Congress for approval to TIME—S. 209 f transfer funds within accounts. In fact, Mr. BLUMENTHAL. Mr. President, I this is what S. 227 accomplishes—it understand that there is a bill at the NOMINATIONS provides the State Department transfer desk, and I ask for its first reading. Executive nominations received by authority to prioritize diplomatic secu- The PRESIDING OFFICER. The the Senate: rity in our embassies around the world. clerk will report the bill by title for DEPARTMENT OF DEFENSE It is a sad, but necessary postscript to the first time. ERIC K. FANNING, OF THE DISTRICT OF COLUMBIA, TO this tragic event—and a step that, if The assistant legislative clerk read BE UNDER SECRETARY OF THE AIR FORCE, VICE ERIN C. taken earlier by the State Department, as follows: CONATON, RESIGNED. may have saved the lives lost in A bill (S. 209) to require a full audit of the UNITED STATES INTERNATIONAL TRADE Benghazi. Board of Governors of the Federal Reserve COMMISSION It is my hope that the Senate takes System and the Federal Reserve banks by F. SCOTT KIEFF, OF ILLINOIS, TO BE A MEMBER OF THE the Comptroller General of the United UNITED STATES INTERNATIONAL TRADE COMMISSION into consideration my repeated calls FOR THE TERM EXPIRING JUNE 16, 2020, VICE DANIEL for increased Marine security at our States, and for other purposes. PEARSON, TERM EXPIRED. embassies in high threat areas of the Mr. BLUMENTHAL. I now ask for a HARRY S TRUMAN SCHOLARSHIP FOUNDATION world. In the two budgets I have au- second reading, but in order to place MICHAEL WAYNE HAIL, OF KENTUCKY, TO BE A MEM- thored during my Senate tenure, I not the bill on the calendar under the pro- BER OF THE BOARD OF TRUSTEES OF THE HARRY S TRU- MAN SCHOLARSHIP FOUNDATION FOR A TERM EXPIRING only called for increased funding for visions of rule XIV, I object to my own DECEMBER 10, 2017, VICE SHARON TUCKER, TERM EX- military protection, but also for reduc- request. PIRED. ing the presence of embassies in the The PRESIDING OFFICER. Objec- DEPARTMENT OF EDUCATION most dangerous areas of the globe. The tion is heard. The bill will be read for JANET LORRAINE LABRECK, OF MASSACHUSETTS, TO safety of our men and women in diplo- the second time on the next legislative BE COMMISSIONER OF THE REHABILITATION SERVICES ADMINISTRATION, DEPARTMENT OF EDUCATION, VICE matic service must be prioritized. This day. LYNNAE M. RUTTLEDGE, RESIGNED.

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